National Defense Authorization Act for Fiscal Year 1995
PL 103-337 (S.2182), enacted 10/05/1994

PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2663 
Public Law 103-337 
103d Congress 
An Act 
To authorize appropriations for fiscal year 1995 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart- 
Oct. 5, 1994 
ment of Energy, to prescribe personnel strengths for such fiscal year for the 
[S. 2182] 
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, 
^1^°^^^ 
SECTION 1. SHORT TITLE. 
Authorization 
A p^ for 
This Act may be cited as the "National Defense Authorization 
Fiscal Year 1995 
Act for Fiscal Year 1995". 
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 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. N a w and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Reserve components. 
Sec. 106. Chemical demilitarization program. 
Subtitle B—^Army Programs 
Sec. 111. Multiyear procurement authority for Army programs. 
Sec. 112. Transfer to Marine Corps of MlAl tanks replaced by M1A2 upgrades. 
Sec. 113. Transfer of MlAl tanks to the Marine Corps. 
Sec. 114. Exception to mandatory retirement of OV-1 aircraft for aircraft deployed 
in Korea. 
Sec. 115. Small arms industrial base. 
Sec. 116. Bunker defeat munition acquisition program. 
Sec. 117. Procurement of helicopters. 
Subtitle C—Navy Programs 
Sec. 121. Nuclear aircraft carrier program. 
,' 
108 STAT. 2664 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 122. Seawolf submarine program. 
Sec. 123. Guidance sets for Trident II missiles. 
Sec. 124. Prohibition on Trident II backfit. 
Sec. 125. Inclusion of conversion of vessels in fast sealift program. 
Sec. 126. Limitation on procurement of TAGS vessels. 
Sec. 127. Naval amphibious ready groups. 
Subtitle D—^Air Force Programs 
Sec. 131. Intertheater airlift programs. 
Sec. 132. Settlement of claims under the C-17 aircraft program. 
Sec. 133. Heavy bomber force requirements. 
Sec. 134. Limitation on retirement of bomber aircraft. 
Sec. 135. Evaluation of restart of C-5B aircraft procurement. 
Subtitle E—Other Matters 
Sec. 141. Sales authority of working-capital funded Army industrial facilities. 
Sec. 142. Identification in budget of funds for chemical demilitarization program 
military construction projects. 
Sec. 143. Transportation of chemical munitions. 
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. 
Sec. 204. Molecular design material science. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. Space launch modernization. 
Sec. 212. Standoff air-to-surface munitions technology demonstration. 
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced Chemical 
Laser against an object in space. 
Sec. 214. Applicability of certain electronic combat systems testing requirements. 
Sec. 215. Advanced Self Protection Jammer (ASPJ) program. 
Sec. 216. Advanced Lithography Program. 
Sec. 217. Federally funded research and development centers. 
Sec. 218. Digital Battlefield program. 
Sec. 219. Dual-use electric and hybrid vehicles. 
Sec. 220. Tactical antisatellite technologies program. 
Sec. 221. Limitation on dismantlement of intercontinental ballistic missiles. 
Sec. 222. Limitation on obligation of funds for seismic monitoring research. 
Sec. 223. Superconducting magnetic energy storage project. 
Sec. 224. Military satellite communications. 
Subtitle C—Missile Defense Programs 
Sec. 231. Compliance of ballistic missile defense systems and components with 
ABM treaty. 
Sec. 232. Modifications to Anti-Ballistic Missile Treaty to be entered into only 
through treaty making power. 
Sec. 233. Revisions to the Missile Defense Act of 1991. 
Sec. 234. Limitation on flight tests of certain missiles. 
Sec. 235. Program elements for Ballistic Missile Defense Organization. 
Subtitle D—Women's Health Research 
Sec. 241. Defense Women's Health Research Program. 
Subtitle E—Other Matters 
Sec. 251. Requirement for submission of annual report of the Semiconductor Tech-
nology Council to Congress. 
Sec. 252. Report on oceanographic survey and research requirements to support lit-
toral warfare. 
Sec. 253. LANSCE/LAMPF upgrades. 
Sec. 254. Study regarding live-fire survivability testing of F-22 aircraft. 
Sec. 255. University Research Initiative Support Program. 
Sec. 256. Manufacturing Science and Technology Program. 
Sec. 257. Defense experimental program to stimulate competitive research. 
Sec. 258. Study on convergence of Geosat and EOS altimetry programs. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2665 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Funds for depot-level maintenance and repair work. 
Sec. 305. Support for tne 1996 Summer Olympics. 
Sec. 306. Support for the 1995 Special Olympics World Games. 
Subtitle B—^Defense Business Operations Fund 
Sec. 311. Oversight of Defense Business Operations Fund. 
Sec. 312. Review by Comptroller General of charges imposed by Defense Business 
Operations Fund. 
Sec. 313. Limitation on obligations against the capital asset fund. 
Sec. 314. Limitation on obligations against the supply management divisions. 
Subtitle C—^Environmental Provisions 
Sec. 321. Limitation on use of environmental restoration funds for payment of fines 
and penalties. 
Sec. 322. Participation of Indian tribes in agreements for defense environmental 
restoration. 
Sec. 323. Extension of authority to issue surety bonds for certain environmental 
programs. 
Sec. 324. Payment of certain stipulated civil penalties. 
Sec. 325. Additional exception to prohibition on storage and disposal of nondefense 
toxic and hazardous materials at military installations. 
Sec. 326. Assistance for public participation in defense environmental restoration 
activities. 
Sec. 327. Pilot program to develop and demonstrate environmental remediation 
technologies. 
Sec. 328. Environmental education and training program for defense personnel. 
Sec. 329. Study of establishment of land management and training center. 
Subtitle D—^Depot-Level Activities 
Sec. 331. Findings. 
Sec. 332. Modification of limitation on performance of depot-level maintenance. 
Sec. 333. Report on performance of depot-level maintenance and repair of new 
weapon systems. 
Sec. 334. Review of cost growth in contracts to perform depot-level maintenance 
and repair. 
Sec. 335. Authority for depot-level activities of the Department of Defense to com-
pete for maintenance and repair workloads of other Federal agencies. 
Sec. 336. Authority of depots to provide services outside the Department of De-
fense. 
Sec. 337. Reutilization initiative for depot-level activities. 
Sec. 338. Change of source for performance of depot-level workloads. 
Sec. 339. Sale of articles and services of industrial facilities of the Armed Forces 
to persons outside the Department of Defense. 
Subtitle E—Civilian Employees 
Sec. 341. Extension of certain transition assistance authorities. 
Sec. 342. Extension and expansion of authority to conduct personnel demonstration 
projects. 
Sec. 343. Limitation on payment of severance pay to certain employees transferring 
to employment positions in nonappropriated fund instrumentalities. 
Sec. 344. Retirement credit for certain service in nonappropriated fund instrumen-
talities before January 1, 1987. 
Sec. 345. Travel, transportation, and relocation expenses of employees transferring 
to the United States Postal Service. 
Sec. 346. Foreign employees covered by the Foreign National Employees Separation 
Pay Account. 
Sec. 347. Report on conversion of certain positions to performance by Department 
of Defense employees. 
Sec. 348. Non-Federal employment incentive pilot program. 
Sec. 349. Uniform health benefits program for employees of the Department of De-
fense assigned to nonappropriated fund instrumentalities. 
Subtitle F—^Department of Defense Domestic and Overseas Dependents' 
Schools 
Sec. 351. Reauthorization of Department of Defense domestic elementary and sec-
ondary schools for dependents. 
Sec. 352. Report on calculation and recovery of tuition costs of certain students en-
rolled in schools of the defense dependents' education system. 
108 STAT. 2666 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 353. Authority to accept gifts for Department of Defense domestic elementary 
and secondary schools. 
Sec. 354. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employ-
ees. 
Subtitle Cr—^Reviews, Studies, and Reports 
Sec. 361. Reports on transfers of certain operation and maintenance funds. 
Sec. 362. Review and report on use of operation and maintenance funds by the De-
partment of Defense. 
Sec. 363. Cost comparison studies for contracts for advisory and assistance services. 
Sec. 364. Review by Defense Inspector General of cost growth in certain contracts. 
Subtitle H—Other Matters 
Sec. 371. Armed Forces Retirement Home. 
Sec. 372. Limitation on use of appropriated funds for operation of Armed Forces 
Recreation Center, Europe. 
Sec. 373. Limitation on retention oi morale, welfare, and recreation funds by mili-
tary installations. 
Sec. 374. Ships' stores. 
Sec. 375. Operation of military exchange and commissary store at Naval Air Sta-
tion Fort Worth, Joint Reserve Center, Carswell Field. 
Sec. 376. Disposition of proceeds fi"om operation of the Naval Academy laundry. 
Sec. 377. Authority to issue military identification cards to so-called Honorary retir-
ees of the Naval and Marine Corps Reserves. 
Sec. 378. Repeal of annual limitation on expenditures for emergency and extraor-
mnary expenses of the Department of Defense Inspector General. 
Sec. 379. Transfer of certain excess Department of Defense property to educational 
institutions and training schools. 
Sec. 380. Operation of overseas facilities of the Department of Defense by United 
States firms. 
Sec. 381. Requirements for automated information systems of the the Department 
01 Defense. 
Sec, 382. Program to commemorate World War II. 
Sec. 383. Assistance to Red Cross for emergency communications services for mem-
bers of the Armed Forces and their families. 
Sec. 384. Clarification of authority to provide medical transportation under Na-
tional Guard pilot program. 
Sec. 385. National Guard assistance for certain youth and charitable organizations. 
Sec. 386. One-year extension of certgdn programs. 
Sec. 387. Procurement of portable ventilators for the Defense Medical Facility Of-
fice, Fort Detrick, Maryland. 
TITLE IV—MILITABY PERSONNEL AUTHORIZATIONS 
Subtitle A—^Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Temporary variation of end strength limitations for Army mayors and 
lieutenant colonels. 
Sec. 403. Extension of temporary variation of end strength limitations for Marine 
Corps majors and lieutenant colonels. 
Sec. 404. Increase in authorized strength for Marine Corps general officers on ac-
tive duty after fiscal year 1995. 
Sec. 405. Management of senior general and flag officer positions. 
Sec. 406. Temporary exclusion of Superintendent of Naval Academy from counting 
toward number of senior admirals authorized to be on active duty. 
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. Delay in increase in number of active component members to be assigned 
for training compatibility with guard units. 
Subtitle C—^Military Training Student Loads 
Sec. 421. Authorization of training student loads. 
Subtitle D—^Authorization of Appropriations 
Sec. 431. Authorization of appropriations for military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2667 
Sec. 501. Consistency of warrant officer personnel management policies with poli-
cies applicable to other officers. 
Sec. 502. Authority for original regular appointments of Navy and Marine Corps 
limited duty officers serving in grades above pay grade 0-3 under tem-
porary appointments. 
Sec. 503. Navy and Marine Corps limited duty officers twice having failed of selec-
tion for promotion. 
Sec. 504. Selection for designated judge advocate general and flag officer positions. 
Subtitle B—^Reserve Component Matters 
Sec. 511. Increased period of active duty for reserve forces mobilized other than 
during war or national emergency. 
Sec. 512. Reserve general and flag officers on active duty. 
' 
Sec. 513. Review of opportunities for ordering individual reserves to active duty 
with their consent. 
Sec. 514. Definition of active Guard and Reserve duty. 
Sec. 515. Repeal of obsolete provisions pertaining to transfer of retired regular en-
listed members to reserve components. 
Sec. 516. Semiannual report on separations of active Army officers. 
Sec. 517. Early Reserve retirement eligibility for disabled members of Selected Re-
serve. 
Sec. 518. Annual payments for members retired under Guard and Reserve transi-
tion initiative. 
Sec. 519. Educational requirements for appointment in reserve components in 
grades above first lieutenant or lieutenant (junior grade). 
Sec. 520. Limited exception for Alaska scout officers from baccalaureate degree re-
quirement for appointment as officer in National Guard above first lieu-
tenant. 
Sec. 521. Sense of Congress concerning the training and modernization of the re-
serve components. 
Subtitle C—^Victims' Rights, Family Advocacy, and Nondiscrimination 
Provisions 
Sec. 531. Prohibition of retaliatory actions against members of the Armed Forces 
making allegations of sexual harassment or unlawful discrimination. 
Sec. 532. Department of Defense policies and procedures on discrimination and sex-
ual harassment. 
Sec. 533. Annual report on personnel readiness factors by race and gender. 
Sec. 534. Victims' advocates programs in Department of Defense. 
Sec. 535. Transitional compensation and other benefits for dependents of members 
separated for dependent abuse. 
Sec. 536. Study of spousal abuse involving Armed Forces personnel. 
Subtitle D—^Matters Relating to the Coast Guard 
Sec. 541. Extension of Warrant Officer Management Act provisions to Coast Guard. 
Sec. 542. Coast Guard force reduction transition benefits. 
Sec. 543. Expansion of personnel adjustment, education, and training programs to 
include Coast Guard. 
Subtitle E—Other Matters 
Sec. 551. Repeal of required reduction in recruiting personnel. 
Sec. 552. Authorized active duty strengths for Army enlisted members in pay grade 
E-8. 
Sec. 553. Prohibition on imposition of additional charges or fees for attendance at 
certain academies. 
Sec. 554. Biennial survey on the State of race and ethnic issues in the military. 
Sec. 555. Review of certain discharges from the United States Military Academy 
during the post-Civil War period. 
Sec. 556. Administration of athletics programs at the service academies. 
Sec. 557. Reimbursement for certain losses of household effects caused by hostile 
action. 
Sec. 558. Military recruiting on campus. 
Sec. 559. Authorization for instruction of civilian students at foreign language cen-
ter of the Defense Language Institute. 
Sec. 560. Discharge of members who are permanently nonworldwide assignable. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Military pay raise for fiscal year 1995. 
79-194 O—95—2 : QL 3 Part 4 
108 STAT. 2668 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 602. Cost-of-living allowance for members of the uniformed services assigned 
to high cost areas in the continental United States. 
Sec. 603. Increase in subsistence allowance payable to members of Senior Reserve 
Officers' Training Corps. 
Sec. 604. Temporary family housing or temporary housing allowances for depend-
ents of members who die in the line of duty. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonuses for reserve forces. 
Sec. 612. Extension and modification of certain bonuses and special pay for nurse 
officer candidates, registered nurses, and nurse anesthetistis. 
Sec. 613. Extension of authority relating to pasmient of other bonuses and special 
pays. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 621. Responsibility for preparation of transportation mileage tables. 
Sec. 622. Payment for transient housing for members of a reserve component per-
forming certain training duty. 
Sec. 623. Change in provision of transportation incident to personal emergencies 
for members stationed outside the continental United States. 
Sec. 624. Clarification of travel and transportation allowance of family members in-
cident to serious illness or injury of members. 
Sec. 625. Applicability of additional family separation allowance to periods between 
deployments less than 30 days apart. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 631. Elimination of disparity between effective dates for military and civilian 
retiree cost-of-living adjustments for fiscal year 1995. 
Sec. 632. Sense of Congress on equal treatment of effective dates for future cost-
of-living adjustments for military and civilian retirees. 
Sec. 633. Clarification of calculation of retired pay for officers who retire in a grade 
lower than the grade held at retirement. 
Sec. 634. Waiver of administrative time-in-grade requirements to prevent pay in-
versions in retired pay of certain military retirees. 
Sec. 635. Crediting of reserve service of enlisted members for computation of re-
tired pay. 
Sec. 636. Minimum required reserve service for eligibility for retired pay for 
nonregular service during force drawdown period. 
Sec. 637. SBP premiums for reserve-component child-only coverage. 
Sec. 638. Discontinuation of insurable interest coverage under Survivor Benefit 
Plan. 
Sec. 639. Forfeiture of annuity or retired pay of members convicted of espionage 
under UCMJ. 
Sec. 640. Treatment of retired and retainer pay of members of cadre of Civilian 
Community Corps. 
Subtitle E—Other Matters 
Sec. 651. Eligibility of members retired under temporary special retirement author-
ity for Servicemen's Group Life Insurance. 
Sec. 652. Transportation of remains. 
Sec. 653. Special supplemental food program for Department of Defense personnel 
outside the United States. 
Sec. 654. Study of offset of disability compensation by receipt of separation benefits 
and incentives. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Services 
Sec. 701. Revision of definition of dependents to include young people being adopt-
ed by members or former members. 
Sec. 702. Treatment of certain dependents as children for purposes of CHAMPUS, 
dependents' dental program, and continued health benefits coverage. 
Sec. 703. Availability of dependents' dental program outside the United States. 
Sec. 704. Authorization for medical and dental care for abused dependents of cer-
tain members. 
Sec. 705. Additional authorized health care service available through military 
health care system. 
Sec. 706. Demonstration programs for sale of pharmaceuticals. 
Sec. 707. One year continuation of full CHAMPUS and dependents' dental program 
benefits for dependents of members who die while on active duty for a 
period of more than 30 days. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2669 
Subtitle B—Changes to Existing Laws Regarding Health Care Management 
Sec. 711. Coordination of benefits with medicare. 
Sec. 712. Authority for reimbursement of professional license fees under resource 
sharing agreements. 
Sec. 713. Imposition of enrollment fees for managed care plans. 
Sec. 714. Strengthening managed health care authorities. 
Sec. 715. Delay in deadline for use of health maintenance organization model as op-
tion for military health care. 
Sec. 716. Limitation on reduction in number of reserve component medical person-
nel. 
Sec. 717. Implementation of annual health care survey requirement. 
Subtitle C—Persian Gulf Illness 
Sec. 721. Programs related to Desert Storm mystery illness. 
Sec. 722. Studies of health consequences of military service or employment in 
Southwest Asia during the Persian Gulf War. 
Subtitle D—Other Matters 
Sec. 731. Chiropractic health care demonstration program. 
Sec. 732. Demonstration program for admission of civilians as physician assistant 
students at Academy of Health Sciences, Fort Sam Houston, Texas. 
Sec. 733. Delay in closure of Army hospital at Vicenza, Italy. 
Sec. 734. Oral typhoid vaccine inventory of Department of Defense. 
Sec. 735. Report on expanded use of nonavailability of health care statements. 
Sec. 736. Cost analysis of Tidewater TRICARE delivery of pediatric health care to 
military families. 
Sec. 737. Study and report on financial relief for certain medicare-eligible military 
retirees who incur medicare late enrollment penalties. 
Sec. 738. Sense of Congress on continuity of health care services for covered bene-
ficiaries in areas affected by base closures. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Assistance Programs 
Sec. 801. Procurement technical assistance programs. 
Sec. 802. Pilot mentor-protege program. 
Sec. 803. Infrastructure assistance for historically Black colleges and other minor-
ity institutions of higher education. 
Sec. 804. Treatment under subcontracting plans of purchases from qualified non-
profit agencies for the blind or severely disabled. 
Subtitle B—Other Matters 
Sec. 811. Delegation of industrial mobilization authority. 
Sec. 812. Determinations of public interest under the Buy American Act. 
Sec. 813. Continuation of expiring requirement for annual report on the use of com-
petitive procedures for awarding certain contracts to colleges and uni-
versities. 
Sec. 814. Consolidation of limitations on procurement of goods other than American 
goods. 
Sec. 815. Environmental consequence analysis of major defense acquisition pro-
grams. 
Sec. 816. Demonstration project on purchase of fire, security, police, public works, 
and utility services from local government agencies. 
Sec. 817. Preference for local residents. 
Sec. 818. Payment of restructuring costs under defense contracts. 
Sec. 819. Defense Acquisition Pilot Program designations. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Secretarial Matters 
Sec. 901. Additional Assistant Secretary of Defense. 
Sec. 902. Order of succession to Secretaries of the military departments. 
Sec. 903. Change of title of Comptroller of the Department of Defense to Under 
Secretanr of Defense (Comptroller). 
Sec. 904. National Guard Bureau charter. 
Subtitle B—^Professional Military Education 
108 STAT. 2670 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 911. Authority for Marine Corps University to award the degree of master of 
miUtary studies. 
Sec. 912. Board of Advisors for Marine Corps University. 
Sec. 913. Authority for Air University to award the degree of master of airpower 
art and science. 
Sec. 914. Sense of Congress on grade of heads of senior professional mihtary edu-
cation schools. 
Subtitle C—Other Matters 
Sec. 921. Composition of Reserve Forces Policy Board. 
Sec. 922. Continuation of Uniformed Services University of the Health Sciences. 
Sec. 923. Commission on Roles and Missions of the Armed Forces. 
Sec. 924. Renaming of the United States Court of Military Appeals and the Courts 
of Military Review. 
Sec. 925. Budget support for reserve elements of special operations command. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Emergency supplemental authorization of appropriations for fiscal year 
1994. 
Sec. 1003. Incorporation of classified annex. 
Sec. 1004. Date for submission of future-years mission budget. 
Sec. 1005. Submission of next future-years defense program as required by law. 
Sec. 1006. Authority for obligation of certain unautnorized fiscal year 1994 defense 
appropriations. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Department of Defense support for counter-drug activities. 
Sec. 1012. Official immunity for authorized employees and agents of the United 
States and foreign countries engaged in interdiction of aircraft used in 
illicit drug trafficking. 
Sec. 1013. Report on status of deiense random drug"testing program. 
Subtitle C—Naval Vessels and Related Matters 
Sec. 1021. Transfer of USNS Maury. 
Sec. 1022. Transfer of obsolete vessel Guadalcanal. 
Sec. 1023. Maritime prepositioning ship program enhancement. 
Subtitle D—POW/MIA Matters 
Sec. 1031. Assistance to family members of Korean conflict and Cold War POW/ 
MIAs who remain unaccounted for. 
Sec. 1032. Requirement for Secretary of Defense to submit recommendations on 
certain provisions of law concerning missing persons. 
Sec. 1033. Contact between the Department of Defense and the Ministry of Na-
tional Defense of China on POW/MIA issues. 
Sec. 1034. Information concerning unaccounted for United States personnel of the 
Vietnam conflict. 
Sec. 1035. Report on POW/MIA matters concerning North Korea. 
Sec. 1036. Disclosure of information concerning unaccounted for United States per-
sonnel from the Korean conflict, the Vietnam era, and the Cold War. 
Subtitle E—Miscellaneous Reporting Requirements 
Sec. 1041. Annual report on denial, revocation, and suspension of security clear-
ances. 
Sec. 1042. Report on use of low-enriched uranium as fuel for naval nuclear reac-
tors. 
Subtitle F—Congressional Findings, Policies, Commendations, and 
Commemorations 
Sec. 1051. Sense of Congress concerning commendation of individuals exposed to 
mustard agents during World War II testing activities. 
Sec. 1052. USS Indianapolis (CA-35): gallantry, sacrifice and a decisive mission to 
end WW II. 
Subtitle G—Other Matters 
Sec. 1061. Increased authority to accept voluntary services. 
Sec. 1062. Civil Air Patrol. 
Sec. 1063. Prohibition on the purchase of surety bonds and other guarantees for the 
Department of Defense. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2671 
Sec. 1064. Revision of authority for use of Navy installations to provide prerelease 
employment training to nonviolent offenders in State penal systems. 
Sec. 1065. Demonstration project for use of Army installations to provide prerelease 
employment training to nonviolent offenders in State penal systems. 
Sec. 1066. Interagency placement program for Federal employees affected by reduc-
tions in force. 
Sec. 1067. National Museum of Health and Medicine. 
Sec. 1068. Assignments of employees between Federal agencies and federally fund-
ed research and development centers. 
Sec. 1069. Review of the Bottom Up Review and the Future-Year Defense Program 
and establishment of new funding requirements and priorities. 
Sec. 1070. Technical and clerical amendments. 
Sec. 1071. Authorization to exchange certain items for transportation services. 
Sec. 1072. Air National Guard fighter aircraft force structure. 
Sec. 1073. Sense of Congress concerning visas for high-level officials of Taiwan. 
Sec. 1074. Defense Mapping Agency. 
Sec. 1075. Limitation regarding telecommunications requirements. 
TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION 
ASSISTANCE 
Sec. 1101. Short title. 
Sec. 1102. Funding of defense conversion, reinvestment, and transition assistance 
programs for fiscal year 1995. 
Subtitle A—Defense Technology and Industrial Base, Defense 
Reinvestment, and Defense Conversion 
Sec. 1111. Funding of defense technology reinvestment programs for fiscal year 
1995. 
Sec. 1112. Support for technologies with applicability for law enforcement and mili-
tary operations other than war. 
Sec. 1113. Federal defense laboratory diversification and Navy reinvestment in the 
technology and industrial base. 
Sec. 1114. Loan guarantees under defense dual-use assistance extension program. 
Sec. 1115. Financial commitment requirements for small business concerns for par-
ticipation in technology reinvestment projects. 
Sec. 1116. Conditions on funding of defense technology reinvestment projects. 
Sec. 1117. Use of certain funds pending submission of a national teclmology and in-
dustrial base periodic defense capability assessment and a periodic de-
fense capability plan. 
Sec. 1118. Documentation for awards for cooperative agreements or other trans-
actions under defense technology reinvestment programs. 
Sec. 1119. Comptroller General assessment of extent to which technology and in-
dustrial base programs attain policy objectives. 
Subtitle B—Community Adjustment and Assistance Programs 
Sec. 1121. Funds for adjustment and diversification assistance for States and local 
governments from Office of Economic Adjustment. 
Sec. 1122. Studies and plans for market diversification. 
Sec. 1123. Advance community adjustment and economic diversification planning. 
Subtitle C—^Personnel Adjustment, Education, and Training Programs 
Sec. 1131. Teacher and teacher's aide placement programs. 
Sec. 1132. Assistance for eligible members to obtain emplojrment with law enforce-
ment agencies. 
Sec. 1133. Pilot program to place separated members and terminated defense em-
ployees in teaching positions as bilingual math and science teachers. 
Sec. 1134. Demonstration project to assist separated members and terminated de-
fense workers to become business owners. 
Sec. 1135. Demonstration project to promote ship recycling as a method to assist 
separated members and terminated defense workers. 
Sec. 1136. Administration and funding of defense diversification program and de-
fense conversion adjustment program under Job Training Partnership 
Act, 
Sec. 1137. Assistance for certain workers dislocated due to reductions by the Unit-
ed States in the export of defense articles and services. 
Subtitle D—Other Matters 
Sec. 1141. Extension of Armament Retooling and Manufacturing Support Initiative 
and establishment of ARMS initiative loan guarantee program. 
Sec. 1142. Changes in notice requirements upon pending or actual termination of 
defense programs. 
108 STAT. 2672 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 1143. Plan for deployment of defense environmental technologies for dredging 
of dual-use ports. 
TITLE Xn—COOPERATIVE THREAT REDUCTION WITH STATES OF 
FORMER SOVIET UNION 
Sec. 1201. Cooperative Threat Reduction programs. 
Sec. 1202. Extension of semiannual report on Cooperative Threat Reduction pro-
grams. 
Sec. 1203. Report on accounting for United States assistance. 
Sec. 1204. Report on control and accountability of material relating to weapons of 
mass destruction. 
Sec. 1205. Multiyear planning and allied support. 
Sec. 1206. Funding limitations on Cooperative Threat Reduction program for fiscal 
year 1995. 
Sec. 1207. Report on offensive biological warfare program of the States of the 
former Soviet Union. 
Sec. 1208. Coordination of certain Cooperative Threat Reduction programs. 
Sec. 1209. Sense of Congress concerning safe and secure dismantlement of Soviet 
nuclear arsenal. 
TITLE Xm—MATTERS RELATING TO ALLIES AND OTHER NATIONS 
Subtitle A—Matters Relating to NATO 
Sec. 1301. Cooperative research and development agreements with NATO organiza-
tions. 
Sec. 1302. North Atlantic Treaty Organization. 
Sec. 1303. Authorized end strength for military personnel in Europe. 
Sec. 1304. Allied share of installations costs. 
Sec. 1305. Payments-in-kind for release of United States overseas military facilities 
to NATO host countries. 
Sec. 1306. George C. Marshall European Center for Security Studies. 
Sec. 1307. Sense of the Senate concerning participation in allied defense coopera-
tion. 
Subtitle B—^Matters Relating to Several Countries 
Sec. 1311. Limitation on obligation of funds for overseas basing activities. 
Sec. 1312. Clarification and codification of overseas military end strength limita-
tion. 
Sec. 1313. Cost-sharing policy and report. 
Sec. 1314. Report assessing the national security consequences of United States 
military cooperation programs. 
Sec. 1315. Review and report regarding Department of Defense programs relating 
to regional security and host nation development in the Western 
Hemisphere. 
Sec. 1316. Military-to-military contacts and comparable activities. 
Sec. 1317. Extension of authority to enter into certain cooperative agreement au-
thorities to include the United Nations and regional organizations of 
which the United States is a member. 
Sec. 1318. Permanent authority for Department of Defense to share equitably the 
costs of claims under international armaments cooperative programs. 
Subtitle C—^Matters Relating to Specific Countries 
Sec. 1321. Defense cooperation between the United States and Israel. 
Sec. 1322. Readiness of military forces of the Republic of Korea. 
Sec. 1323. Military planning for the size and structure of a force required for a 
major regional contingency on the Korean peninsula. 
Sec. 1324. Sense of Congress concerning the North Korean nuclear weapons devel-
opment program. 
Sec. 1325. Report on security relationship between the United States and Japan. 
TITLE XIV—PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE 
ACTIVITIES 
Subtitle A—Peace Operations 
Sec. 1401. Reports on reforming United Nations peace operations. 
Sec. 1402. Report on military readiness implications of Bosnia peacekeeping deploy-
ment. 
Sec. 1403. Report on intelligence lessons learned from United States activities in 
Somalia. 
Sec. 1404. Bosnia and Herzegovina. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2673 
Subtitle B—^Assistance Activities 
Sec. 1411. Overseas Humanitarian, Disaster, and Civic Aid Programs. 
Sec. 1412. Foreign disaster assistance. 
Sec. 1413. Humanitarian assistance program for clearing landmines. 
TITLE XV—ARMS CONTROL MATTERS 
Sec. 1501. Extension and revision of nonproliferation authorities. 
Sec. 1502. Joint Committee for Review of Counterproliferation Programs of the 
United States. 
Sec. 1503. Reports on counterproliferation activities and programs. 
Sec. 1504. Amounts for counterproliferation activities. 
Sec. 1505. Studies relating to United States counterproliferation policy. 
Sec. 1506. Restriction relating to submission of report on proliferation of foreign 
military satellites. 
Sec. 1507. Limitation on funds for studies pending receipt of previously required re-
port. 
Sec. 1508. Sense of Congress concerning indefinite extenstion of Nuclear Non-
proliferation Treaty. 
Sec. 1509. Negotiation of limitations on nuclear weapons testing. 
TITLE XVI—RESERVE OFFICER PERSONNEL MANAGEMENT ACT 
(ROPMA) 
Sec. 1601. Short title; table of contents. 
Sec. 1602. References to title 10, United States Code. 
Subtitle A—^Reserve Officer Personnel Management 
PART I—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM 
Sec. 1611. Promotion and retention of reserve officers. 
PART II—CONFORMING AMENDMENTS 
Sec. 1621. Definition of reserve active-status list. 
Sec. 1622. Authority to suspend officer personnel laws during war or national 
emergency. 
Sec. 1623. Active-duty list promotion boards to have authority to recommend that 
reserve officers considered for promotion be required to show cause for 
retention on active duty. 
Sec. 1624. Applicability of chapter 36 to reserve officers during war or national 
emergency. 
Sec. 1625. Grade in which reserve officers are ordered to active duty. 
Sec. 1626. Date of rank. 
Sec. 1627. Discharge before completion of required service in case of officers having 
twice failed of selection for captain or navy lieutenant. 
Sec. 1628. Conforming amendments relating to Navy and Marine Corps officers. 
Sec. 1629. Repeal of reserve officer personnel policy laws. 
Sec. 1630. Amendments to title 32, United States Code. 
Subtitle B—Other Personnel Policy Amendments 
PART I—APPOINTMENTS 
Sec. 1631. Repeal of separate authority for accession of women in reserve compo-
nents. 
Sec. 1632. Appointment authority for reserve grades of lieutenant colonel and com-
mander. 
Sec. 1633. Appointment of former commissioned officers in reserve components. 
Sec. 1634. Constructive credit for appointment of officers in reserve components 
with qualifying education or experience. 
Sec. 1635. Computation of years of service for transfer of Army officers to Retired 
Reserve. 
Sec. 1636. Repeal of miscellaneous obsolete appointment authorities. 
PART II—RETIREMENT AND SEPARATION 
Sec. 1641. Computation of highest grade in which satisfactorily served for reserve 
commissioned officers and former officers. 
Subtitle C—^Reorganization and Consolidation of Laws Relating to Reserve 
Components 
Sec. 1661. Laws relating to organization and administration of reserve components. 
Sec. 1662. Laws relating to reserve component personnel policy. 
108 STAT. 2674 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 1663. Laws relating to reserve component training and educational assistance 
programs. 
Sec. 1664. Laws relating to reserve component procurement and equipment. 
Sec. 1665. Legislative construction. 
Subtitle D—Technical and Clerical Amendments 
Sec. 1671. Amendments to subtitle A of title 10, United States Code. 
Sec. 1672. Amendments to subtitle B of title 10, United States Code. 
Sec. 1673. Amendments to subtitle C of title 10, United States Code. 
Sec. 1674. Amendments to subtitle D of title 10, United States Code. 
Sec. 1675. Amendments to subtitle E of title 10, United States Code. 
Sec. 1676. Amendments to titles 32 and 37, United States Code. 
Sec. 1677. Amendments to other laws. 
Subtitle E—Transition Provisions 
Sec. 1681. Continuation on the reserve active-status list of certain reserve colonels 
of the Army and Air Force. 
Sec. 1682. Effects of selection for promotion and failure of selection for Army and 
Air Force officers. 
Sec. 1683. Effects of selection for promotion and failure of selection for Navy and 
Marine Corps officers. 
Sec. 1684. Delays in promotions and removals from promotion list. 
Sec. 1685. Minimum service qualifications for promotion. 
Sec. 1686. Establishment of reserve active-status list. 
Sec. 1687. Preservation of relative seniority under the initial establishment of the 
reserve active-status list. 
Sec. 1688. Grade on transfer to the Retired Reserve. 
Sec. 1689. Rights for officers with over three years service. 
Sec. 1690. Mandatory separation for age for certain reserve officers of the Navy and 
Marine Corps. 
Subtitle F—Effective Dates and General Savings Provisions 
Sec. 1691. Effective dates. 
Sec. 1692. Preservation of suspended status of laws suspended as of effective date. 
Sec. 1693. Preservation of pre-existing rights, duties, penalties, and proceedings. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Authorization of military construction project at Fort Bragg, North Caro-
lina, for which funds have been appropriated. 
Sec. 2106. Relocation of Army family housing units from Fort Hunter Liggett, Cali-
fornia, to Fort Stewart, Georgia. 
Sec. 2107. Highway safety at Hawthorne Army Ammunition Plant, Nevada. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Restoration of authority to carry out military construction project at 
Naval Supply Center, Pensacola, Florida. 
Sec. 2206. Design activities for upgrade of Mayport Naval Station, Florida. 
Sec. 2207. Relocation of Pascagoula Coast Guard Station, Mississippi. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
Sec. 2305. Authorization of military construction projects at Tyndall Air Force 
Base, Florida, for which funds have been appropriated. 
Sec. 2306. Revision of authorized family housing project at Tyndall Air Force Base, 
Florida. 
Sec. 2307. Modification of Air Force Plant No. 3, Tulsa, Oklahoma. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2675 
Sec. 2308. Repeal of limitation on order of retirement of Minute: aan II missiles. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Family housing. 
Sec. 2403. Improvement to military family housing units. 
Sec. 2404. Energy conservation projects. 
Sec. 2405. Authorization of appropriations, Defense Agencies. 
Sec. 2406. Community impact assistance with regard to Naval Weapons Station, 
Charleston, South Carolina. 
Sec. 2407. Planning and design for construction in support of consolidation of oper-
ations of the Defense Finance and Accounting Service. 
^ 
Sec. 2408. Modification of authority to carry out fiscal year 1993 project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
Sec. 2602. Prohibition on use of funds for unauthorized Guard and Reserve 
projects. 
Sec. 2603. Authorization of projects for which funds have been appropriated. 
Sec. 2604. State National Guard headquarters. Fort Dix, New Jersey. 
Sec. 2605. Colorado State Area Command Armory, Englewood, Colorado. 
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1992 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1991 projects. 
Sec. 2704. Effective date. 
TITLE XXVin—GENERAL PROVISIONS 
Subtitle A—^Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Limitation on repair of existing facilities. 
Sec. 2802. Clarification of requirement for notification of Congress of improvements 
in family housing units. 
Sec. 2803. Limited partnerships for Navy housing. 
Sec. 2804. Reimbursement for services provided by the Department of Defense inci-
dent to construction, maintenance, or repair projects to real property. 
Sec. 2805. Authority to pay closing costs under Homeowners Assistance Program. 
Subtitle B—^Elefense Base Closure and Realignment 
Sec. 2811. Prohibition against consideration in base closure process of advance con-
version planning undertaken by potential affected communities. 
Sec. 2812. Consultation regarding personal property located at military installa-
tions to be closed. 
Sec. 2813. Clariiying and ttschnical amendments to base closure laws. 
Sec. 2814. Government rental of facilities located on closed military installations. 
Sec. 2815. Report of effect of base closures on future mobilization options. 
Sec. 2816. Restoration of annual leave for civilian employees in connection with 
certain base realignments. 
Sec. 2817. Agreements of settlement for release of improvements at overseas mili-
tary installations. 
Subtitle C—Changes to Existing Land Conveyance Authority 
Sec. 2821. Additional lessee of property at Naval Supply Center, Oakland, Califor-
nia. 
Sec. 2822. Modifications of land conveyance. Fort A.P. Hill Military Reservation, 
Virginia. 
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons Industrial Re-
serve Plant, New York, as nature preserve. 
Sec. 2824. Release of reversionary interest retained as part of conveyance of elec-
tricity distribution system. Fort Dix, New Jersey. 
Sec. 2825. Modification of land conveyance, Fort Knox, Kentucky. 
108 STAT. 2676 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 2826. Revisions to release of reversionary interest, Old Spanish Trail Armory, 
Harris County, Texas. 
Sec. 2827. Modification of height restriction in avigation easement. 
Sec. 2828. Technical amendment to correct reference in land transaction. 
Subtitle D—^Land Conveyances 
Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma. 
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City (Westover), New 
York. 
Sec. 2833. Land conveyance. Naval Weapons Industrial Reserve Plant, Calverton, 
New York. 
Sec. 2834. Land conveyance. Radar Bomb Scoring Site, Dickinson, North Dakota. 
Sec. 2835. Land conveyance, Finley Air Force Station, Finley, North Dakota. 
Sec. 2836. Land conveyance, Comhusker Army Ammunition Plant, Hall County, 
Nebraska. 
Sec. 2837. Land conveyance, Hawthorne Army Ammunition Plant, Mineral County, 
Nevada. 
Sec. 2838. Land conveyance. Fort Dix, New Jersey. 
Sec. 2839. Land conveyance. Defense Fuel Supply Point, Casco Bay, Mfiine. 
Sec. 2840. Land conveyance. Army Reserve Facility, Rio Vista, California. 
Sec. 2841. Lease of property. Naval Shipyard, Valfejo, California. 
Sec. 2842. Lease of 
jjroperty, Naval Radio Receiving Facility, Imperial Beach, Coro-
nado, California. 
Sec. 2843. Authority for Oxnard Harbor District, Port Hueneme, California, to use 
certain Navy property. 
Sec. 2844. Transfer of jurisdiction. Air Force housing at Radar Bomb Scoring Site, 
Holbrookj Arizona. 
Sec. 2845. Transfer of 
jurisdiction, Holloman Air Force Base, New Mexico. 
Sec. 2846. Transfer of jurisdiction. Fort Devens, Massachusetts. 
Sec. 2847. Release of requirements and reversionary interest on certain property in 
Baltimore, Maryland. 
Sec. 2848. Release of reversionary interest on certain property in York County and 
James City County, Virginia, and Newport News, Virginia. 
Subtitle E—Other Matters 
Sec. 2851. Joint construction contracting for commissaries and nonappropriated 
fund instrumentality facilities. 
Sec. 2852. National Guard facility contracts subject to performance supervision by 
Army or Navjr. 
Sec. 2853. Repeal of restrictions on land transactions relating to Presidio of San 
Francisco, California. 
Sec. 2854. Report on use of funds for environmental restoration at Comhusker 
Army Ammunition Plant, Hall County, Nebraska. 
Sec. 2855. Engineering, design, construction, and related services for Women in 
Military Service for America Memorial. 
Sec. 2856. Sense of the Senate on authorization of funds for military construction 
projects not requested in the President's annual budget request. 
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. Transfer authority. 
Sec. 3125. Construction design and conceptual design for construction projects. 
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. AvailabiUty of funds. 
Subtitle C—Program Authorizations, Restrictions, and Limitations 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2677 
Sec. 3131. Stockpile stewardship recruitment and training program. 
Sec. 3132. Defense inertial confinement fusion program. 
Sec. 3133. Payment of penalties. 
Sec. 3134. Water management programs. 
Sec. 3135. Protection of workers at nuclear weapons facilities. 
Sec. 3136. Limitation on use of program direction funds. 
Sec. 3137. National security programs. 
Sec. 3138. Programs for persons who may have been exposed to radiation released 
from Hanford Nuclear Reservation. 
Sec. 3139. Limitation on study or relocation of tritium-related activities and oper-
ations. 
Sec. 3140. Hazardous materials management and hazardous materials emergency 
response training program. 
Sec. 3141. International Center for Applied Research. 
Subtitle D—Other Matters 
Sec. 3151. Accounting procedures for Department of Energy funds. 
Sec. 3152. Approval for certain nuclear weapons activities. 
Sec. 3153. Study of feasibility of conducting certain activities at the Nevada Test 
Site, Nevada. 
Sec. 3154. Report on waste streams generated by nuclear weapons production cycle. 
Sec. 3155. Communication of restricted data and formerly restricted data. 
Sec. 3156. Scholarship and fellowship program for environmental restoration and 
waste management. 
Sec. 3157. Report on economic redevelopment and conversion activities resulting 
from reconfiguration of Department of Energy nuclear weapons com-
plex. 
Sec. 3158. Office of Fissile Materials Disposition. 
Sec. 3159. Extension of authority to loan personnel and facilities at Idaho National 
Engineering Laboratory. 
Sec. 3160. Elimination of requirement for five-year plan for defense nuclear facili-
ties. 
Sec. 3161. Authority for appointment of certain scientific, engineering, and tech-
nical personnel. 
Sec. 3162. Use of funds for computer declassification system. 
Sec. 3163. Safety oversight and enforcement at defense nuclear facilities. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Authorized uses of stockpile funds. 
Sec. 3302. Rotation of materials to prevent technological obsolescence. 
Sec. 3303. Extension of limitation on authority to dispose of chromium ferro and 
manganese ferro. 
Sec. 3304. Limitation on authority to dispose of zinc. 
Sec. 3305. Limitations on disposal of chromite and manganese ores. 
Sec. 3306. Report on domestic production of high purity electrolytic chromium 
metal. 
TITLE XXXIV—CIVIL DEFENSE 
Subtitle A—^Authorization of Appropriations 
Sec. 3401. Authorization of appropriations. 
Subtitle B—^Reenactment of Federal Civil Defense Act of 1950 in the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
Sec. 3411. Restatement of Federal civil defense authorities in the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act. 
Sec. 3412. Repeal of Federal Civil Defense Act of 1950. 
TITLE 
XXXV—NAVAL 
PETROLEUM 
RESERVES 
Sec. 3501. Authorization of appropriations. 
Sec. 3502. Price requirement on sale of certain petroleum during fiscal year 1995. 
Sec. 3503. Extension of operating contract for Naval Petroleum Reserve Numbered 
1. 
TITLE XXXVI—PANAMA CANAL COMMISSION 
Sec. 3601. Short title. 
Sec. 3602. Authorization of expenditures. 
108 STAT. 2678 
PUBLIC LAW 103-337—OCT. 5, 1994 
Sec. 3603. Expenditures in accordance with other laws. 
Sec. 3604. Costs of educational services obtained in the United States. 
Sec. 3605. Special immigrant status of Panamanians employed by the United 
States in the former Canal Zone. 
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. 
Funds are hereby authorized to be appropriated for fiscal year 
1995 for procurement for the Army as follows: 
(1) For aircraft, $1,289,452,000. 
(2) For missiles, $818,709,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$1,159,214,000. 
(4) For ammunition, $902,821,000. 
(5) For other procurement, $2,624,707,000. 
SEC. 
102. 
NAVY 
AND 
MARINE 
CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 1995 for procurement for the Navy as follows: 
(1) For aircraft, $4,491,845,000. 
(2) For weapons, including 
missiles 
and 
torpedoes, 
$2,076,625,000. 
(3) For shipbuilding and conversion, $5,619,897,000. 
(4) For other procurement, $3,287,487,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1995 for procurement for the Marine Corps 
in the amount of $403,410,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for procurement of ammunition for 
Navy and the Marine Corps in the amount of $449,815,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
1995 for procurement for the Air Force as follows: 
(1) For aircraft, $6,489,467,000. 
(2) For missiles, $3,732,845,000. 
(3) For ammunition, $251,546,000. 
(4) For other procurement, $6,929,170,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
1995 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$1,891,371,000. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2679 
SEC. 105. RESERVE COMPONENTS. 
Funds are hereby authorized to be appropriated for fiscal year 
1995 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Armed 
Forces as follows: 
(1) For the Army National Guard, $20,000,000. 
(2) For the Air National Guard, $260,000,000. 
(3) For the Army Reserve, $50,000,000. 
(4) For the Naval Reserve, $80 000,000. 
(5) For the Air Force Reserve, $50,000,000. 
(6) For the Marine Corps Reserve, $50,000,000. 
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM. 
(a) AUTHORIZATION.—There is hereby authorized to be appro-
priated for fiscal year 1995 the amount of $599,549,000 for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare material of the 
United States that is not covered by section 1412 of such 
Act. 
(b) LIMITATION.—Of the funds specified in subsection (a)— 
(1) $363,584,000 is for operations and maintenance; 
(2) $215,265,000 is for procurement; and 
(3) $20,700,000 is for research and development efforts 
in support of the chemical weapons program. 
(c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED APPROPRIA-
TIONS.—The Secretary of Defense may obligate funds appropriated 
for research, development, test, and evaluation of alternative tech-
nologies imder the heading "CHEMICAL AGENTS AND MUNITIONS 
DESTRUCTION, DEFENSE" in title VI of PubUc Law 103-139 (107 
Stat. 1436). 
Subtitle B—^Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PRO-
GRAMS. 
(a) M1A2 TANK UPGRADE.—The Secretary of the Army may, 
in accordance with statutory multiyear contract authority, enter 
into multiyear procurement contracts for procurement of upgrades 
of Ml Abrams tanks to the M1A2 Abrams configuration. 
(b) AVENGER AIR DEFENSE MISSILE SYSTEM.—Notwithstanding 
the limitation on statutory multiyear contract authority relating 
to the maximum duration of a multiyear contract under that author-
ity, the Secretary of the Army may extend the multiyear contract 
in effect during fiscal year 1994 for the Avenger air defense missile 
system for a sixth program year and may award such an extension. 
(c) STATUTORY MULTIYEAR CONTRACT AUTHORITY DEFINED.— 
For purposes of this section, the term "statutory multiyear contract 
authority" means— 
(1) the authority provided in section 2306(h) of title 10, 
United States Code; or 
(2) if the Federal Acquisition Streamlining Act of 1994 
is enacted during the second session of the One Hundred Third 
Congress, the authority provided in section 2306b of title 10, 
United States Code, as added by the Federal Acquisition 
108 STAT. 2680 
PUBLIC LAW 103-337—OCT. 5, 1994 
Streamlining Act of 1994 (restating the authorities previously 
provided in section 2306(h) of such title). 
SEC. 112. TRANSFER TO MARINE CORPS OF MlAl TANKS REPLACED 
BY M1A2 UPGRADES. 
(a) IN GENERAL.—The Secretary of the Army shall transfer 
MlAl common tanks to the Marine Corps Reserve in accordance 
with this sectio.1. 
(b) NUMBER OF TANKS TO B E TRANSFERRED.—The number of 
tanks to be transferred to the Marine Corps Reserve under this 
section is the number (if greater than zero) equal to the difference 
between— 
(1) the number of M1A2 Abrams tank upgrades for which 
funds are authorized for fiscal year 1995 or (if lower) the 
number of such upgrades for which funds are appropriated 
for fiscal year 1995; and 
(2) the number of such upgrades requested in the budget 
of the President for fiscal year 1995. 
(c) TIMING FOR TRANSFERS.—Of the Ml tanks selected to be 
upgraded to the M1A2 configuration using funds provided for fiscal 
year 1995, the Secretary of the Army shall designate specific tanks, 
in the number of such tanks to be upgraded in excess of the 
number requested to be upgraded in the budget of the President, 
as constituting the additional M1A2 tank upgrades for which funds 
were provided in excess of the number requested in the budget. 
With respect to each such tank so designated, the Secretary may 
not accept delivery from the contractor of that tank until the Sec-
retary has transferred to the Marine Corps Reserve one MlAl 
common tank (in addition to any previously transferred). 
SEC. 
1
1
3
. 
TRANSFER 
OF 
MlAl 
TANKS 
TO 
THE 
MARINE 
CORPS. 
(a) TRANSFERS AUTHORIZED.—AS MlAl tanks of the Army 
become excess to the requirements of the active component of the 
Army, the Secretary of the Army shall transfer to the Marine 
Corps 84 of such tanks selected by the Secretary of the Army 
to complete the requirements for tanks of the active component 
of the Marine Corps. Any such transfer shall be made at no expense 
to the Army. 
(b) 
LIMITATION ON TANK TRANSFERS TO ARMY NATIONAL 
GUARD.—^After the date of the enactment of this Act, the Secretary 
of the Army may not transfer an MlAl tank to the Army National 
Guard until, with respect to that transfer, the Secretary has trans-
ferred a separate MlAl tank to the Marine Corps (in addition 
to any MlAl tanks previously transferred to the Marine Corps). 
The limitation in the preceding sentence shall remain in effect 
until the Secretary has transferred to the Marine Corps under 
this section the total number of tanks specified in subsection (a). 
(c) CONDITION OF TANKS.—The tanks transferred to the Marine 
Corps pursuant to this section shall be in a material condition 
comparable to the material condition of the tanks transferred to 
the National Guard. 
(d) 
TREATMENT OF CERTAIN TRANSFERRED TANKS UNDER 
LIMITATIONS.—Transfers of tanks under section 112 shall not be 
counted for purposes of this section. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2681 
SEC. 114. EXCEPTION TO MANDATORY RETIREMENT OF OV-1 AIRCRAFT 
FOR AIRCRAFT DEPLOYED IN KOREA. 
(a) EXCEPTION TO MANDATORY RETIREMENT.—The first sentence 
of subsection (b)(2) of section 1439 of the National Defense 
Authorization Act for Fiscal Year 1991 (PubHc Law 101-510; 104 
Stat. 1689) shall not apply with respect to OV-1 Mohawk surveil-
lance aircraft deployed in Korea in a number not in excess of 
the number of such aircraft deployed in Korea on the date of 
the enactment of this Act. 
(b) EXCEPTION TO PROHIBITION ON USE OF FUNDS.—The provi-
sions of subsection (a) of that section shall not apply with respect 
to the operation and maintenance of aircraft covered by subsection 
(a) of this section. 
SEC. 115. SMALL ARMS INDUSTRIAL BASE. 
(a) FUNDING FOR PROCUREMENT.—Of the funds authorized to 
be appropriated pursuant to section 101(3), $93,683,000 is available 
for procurement of small arms weapons as follows: 
(1) $38,902,000 for the MK19-3 grenade machine gun. 
(2) $13,000,000 for the M16A2 rifle. 
(3) $28,616,000 for the M249 squad automatic weapon. 
(4) $13,165,000 for the M4 carbine. 
(b) MuLTiYEAR CONTRACTS AUTHORIZED.—(1) During fiscal year 
1995, the Secretary of the Army may, in accordance with section 
2306(h) of title 10, United States Code, enter into multiyear con-
tracts to meet the following objectives for quantities of small arms 
weapons to be procured for the Army: 
Weapon 
Quantity 
MK19-3 grenade machine gun 
21,217 
M16A2 
rifle 
1,002,277 
M249 squad automatic weapon 
71,769 
M4 carbine 
132,510. 
(2) If the Army does not enter into contracts during fiscal Contracts, 
year 1995 that will meet all the objectives set forth in paragraph 
(1), the Secretary shall, to the extent provided for in appropriations 
Acts, enter into multiyear contracts during subsequent fiscal years 
to meet those objectives. 
(c) FOLLOW-ON WEAPONS.—The Secretary of the Army shall 
provide for procurement of product improvements for existing small 
arms weapons and may do so within multiyear contracts entered 
into pursuant to subsection (b). 
(d) JOINT SMALL ARMS MASTER PLAN.—(1) The Secretaries of 
the military departments shall jointly develop a master plan for 
meeting the immediate and future needs of the Armed Forces 
for small arms. The Secretsiry of the Army shall coordinate the 
development of the joint small arms master plan. The joint small 
arms master plan shall include— 
(A) an examination of the relative advantages and dis-
advantages of improving existing small arms weapons as com-
pared to investing in new, advanced technology weapons; and 
(B) an analysis of the effects of each such approach on 
the small arms industrial base. 
(2) Not later than April 1, 1995, the Under Secretary of Defense 
for Acquisition and Technology shall— 
(A) review the joint small arms master plan and the results 
of the examination of relative advantages and disadvantages 
of the two courses of action described in paragraph (1); and 
108 STAT. 2682 
PUBLIC LAW 103-337—OCT. 5, 1994 
(B) transmit the plan, together with any comments that 
the Under Secretary considers appropriate, to Congress, 
(e) FUNDING FOR RDT&E.—Of the funds authorized to be appro-
priated under section 201(1)— 
(1) $5,000,000 shall be available for the Objective Crew-
Served Weapons System; and 
(2) $3,000,000 shall be available for product improvements 
to existing small arms weapons. 
SEC. 116. BUNKER DEFEAT MUNITION ACQUISITION PROGRAM. 
The Secretary of the Army, in acquiring munitions under the 
bunker defeat munition weapons acquisition program— 
(1) may acquire only those munitions that are designated 
as "type classified, limited procurement for contingency oper-
ations"; and 
(2) may not acquire more than 6,000 such munitions. 
SEC. 
1
1
7
. 
PROCUREMENT 
OF 
HELICOPTERS. 
(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 amounts not to exceed 
$72,000,000 for the procurement of not more than 6 AH-64 aircraft 
from funds appropriated for fiscal year 1995 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 funds in amounts not to exceed 
$150,000,000 for the procurement of not more than 24 OH-58D 
AHIP Scout aircraft from funds appropriated for fiscal year 1995 
pursuant to section 101. 
Subtitle C—^Navy Programs 
SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM. 
(a) TRANSFER OF FISCAL YEAR 1994 FUNDS.—There is hereby 
authorized to be transferred to the Shipbuilding and Conversion, 
Navy, appropriation account for fiscal year 1995 the amount of 
$1,200,000,000, to be derived from the National Defense Sealift 
Fund. 
(b) AVAILABILITY FOR CVN-76.—Funds transferred pursuant 
to the authorization in subsection (a) shall be available for the 
CVN-76 nuclear aircraft carrier program. 
SEC. 122. SEAWOLF SUBMARINE PROGRAM. 
(a) LIMITATION ON PROGRAM COST.—Except as provided in sub-
section (b), the total amount obligated on or expended for procure-
ment of the SSN-21 and SSN-22 Seawolf submarines may not 
exceed $4,759,571,000. 
(b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—The amount 
of the limitation set forth in subsection (a) is increased by the 
following amounts: 
(1) The amounts of outfitting costs and post-delivery costs 
incurred for the submarines referred to in such subsection. 
(2) The amounts of increases in costs attributable to eco-
nomic inflation. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2683 
(3) The amounts of increases in costs attributable to compli-
ance with changes in Federal, State, or local laws. 
SEC. 123. GUroANCE SETS FOR TRIDENT U MISSILES. 
(a) LIMITATION.—Funds appropriated for fiscal year 1995 for 
the Navy pursuant to section 102 may not be obligated to procure 
more than 14 Mark-6 guidsince sets for Trident II (D-5) missiles 
until the certification specified in subsection (b) has been submitted 
to Congress. 
(b) CERTIFICATION.—^A certification referred to in subsection 
(a) is a certification by the Secretary of Defense that it is necessary 
to procLire (with funds referred to in subsection (a)) more than 
14 Mark-6 guidance sets for Trident II (D-5) missiles because 
a failure to do so would pose an unacceptable risk to the long-
term readiness and reliability of the Trident II (D-5) missile pro-
gram. 
SEC. 124. PROHIBITION ON TRIDENT IIBACKFIT. 
(a) LIMITATION.—^The Secretary of the Navy may not modify 
any Trident I submarine to enable that submarine to be deployed 
with Trident II (D-5) missiles. 
(b) WAIVER AUTHORITY.—If the Secretary of Defense determines 
that adherence to the prohibition in subsection (a) would result 
in a significant national security risk to the United States, the 
Secretary may waive that prohibition. Such a waiver may not 
take effect until the Secretary submits to Congress a certification 
of that determination and of the reasons for that determination. 
SEC. 125. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT 
PROGRAM. 
Section 1424 of the National Defense Authorization Act for 
Fiscal Year 1991 (10 U.S.C. 7291 note) is amended— 
(1) in subsection (a), by inserting ", or conversion and 
operation," after "construction and operation"; and 
(2) in subsection (b)— 
(A) by inserting "or converted" after "constructed" each 
place it appears; and 
(B) by inserting "or conversion" after "Construction" 
in paragraph (3). 
SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VESSELS. 
(a) LIMITATION.—The Secretary of the Navy may not obligate 
fiinds for any of the vessels designated as TAGS-63, TAGS-64, 
or TAGS-65 unless the Secretary certifies to Congress that the 
multibeam sonars to be used on those vessels (whether new or 
remanufactured) have been obtained through the use of competitive 
acquisition procedures. 
(b) NATIONAL SECURITY WAIVER.—The Secretary of the Navy 
may waive the limitation in subsection (a) for reasons of national 
security. Such a waiver may not take effect until the Secretary Reports, 
submits to Congress a report giving notice of the weaver and an 
explanation of the national security reasons for the waiver. 
SEC. 127. NAVAL AMPHIBIOUS READY GROUPS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Amphibious Assault Ships (LHDs) provide an important 
contingency capability and are uniquely suited to respond to 
world crises and to provide assistance after natural disasters. 
108 STAT. 2684 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) Extensive testimony received by the Committee on 
Armed Services of the Senate in 1994 and prior years from 
miUtary and civiUan officials of the Department of Defense 
provided compelling support for a military requirement for 
12 Amphibious Ready Groups. 
(3) Twelve Amphibious Ready Groups is the correct number 
of amphibious ready groups necessary to sustain forw£ird 
deplo5nnent and contingency requirements of the Navy. 
(4) A report of the Department of the Navy (prepared 
pursuant to requirements of the National Defense Authoriza-
tion Act for Fiscal Year 1993) clearly stipulates that a seventh 
LHD amphibious assault vessel is required in order for the 
Navy to achieve a force of 12 Amphibious Ready Groups. 
(5) A significant shortfall in amphibious shipping and 
amphibious lift exists, both in the fiscal year 1995 budget 
request and in outyear force structure projections. 
(6) The Department of the Navy has identified funds in 
outyear budget projections for the purchase of the amphibious 
assault vessel designated as LHD-7. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of the Navy— 
(1) should plan for, and budget to provide for, the attedn-
ment of a twelfth Amphibious Ready Group as soon as possible; 
and 
(2) should extend the existing contract option on the LHD-
7 Amphibious Assault Ship to facilitate achieving 12 Amphib-
ious Ready Groups. 
(c) LHD-7 CONTRACT OPTION EXTENSION.—(1) The Secretary 
of the Navy is authorized to extend the existing contract option 
for the LHD-7 Amphibious Assault ship if the Secretary determines 
that the extension would be in the best interest of the United 
States. 
(2) The Secretary of the Navy shall immediately begin negotia-
tions to extend the existing contract option for the LHD-7 Amphib-
, 
ious Assault Ship Program. 
(3) On and after the date that is 30 days after the date on 
which the Secretary notifies Congress of an intention to do so, 
the Secretary may use for such contract option extension funds 
that are authorized to be appropriated for other Navy programs. 
The notification shall include a description of the intended use 
of the funds. 
(d) REPORT REQUIREMENT.—The Secretary of the Navy shall 
submit to Congress, after December 31, 1994, but before March 
31, 1995, a report stating the Secretarjr's intentions regarding exer-
cise of the existing contract option for the LHD-7 Amphibious 
Assault Ship. The report shall include an explanation of the Sec-
retar/s actions regarding attainment of a twelfth Amphibious 
Ready Group and the costs and benefits of extending the existing 
contract option on the LHD-7 Amphibious Assault Ship. 
Subtitle D—^Air Force Programs 
SEC. 131. INTERTHEATER AIRLIFT PROGRAMS. 
(a) AUTHORIZATION.—Of the amount provided in section 103 
for procurement of aircraft for the Air Force— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2685 
(1) $103,707,000 shall be available for Non-Developmental 
Alternative Aircraft procurement; and 
(2) $2,364,622,000 shall be available for the C-17 aircraft 
program, of which— 
(A) $2,168,614,000 is for procurement of six C-17 air-
craft; 
(B) $189,900,000 is for advance procurement of up 
to eight C-17 aircraft for fiscal yoar 1996; and 
(C) $6,108,000 is for C-17 modifications. 
(b) REQUIREMENT FOR COMPETITION.—^The Secretary of Defense 
shall use competitive procedures in selecting a source for the aircraft 
to be procured as Non-Developmental Alternative Aircraft under 
subsection (a). 
(c) NOTICE TO CONGRESS.—Funds described in subsection (a) Reports. 
may not be obligated for procurement under subsection (a) until 
60 days after the date on which the Secretary of Defense submits 
to Congress a report describing the Secretary's plan for the obliga-
tion of those funds. 
(d) PRESERVATION OF INTERTHEATER AIRLIFT CAPACITY.—It is 
the sense of Congress that the Secretary of Defense, in acquiring 
aircraft using funds provided in accordance with subsection (a), 
should structure the acquisition of those aircraft so as to preserve 
the aggregate intertheater airlift capacity of the Air Force (meas-
ured in millions of ton-miles per day) as of the date of the enactment 
of this Act. 
SEC. 132. SETTLEMENT OF CLAIMS UNDER THE C-17 AIRCRAFT PRO-
GRAM. 
(a) AUTHORIZATION FOR SUPPLEMENTAL AGREEMENTS AND CON-
TRACT MODIFICATIONS.—(1) The Secretary of the Air Force may 
(subject to subsection (e)) enter into supplemental agreements and 
contract modifications pertaining to contracts specified in paragraph 
(2) in order to do any of the following: 
(A) Settle claims and disputes arising under those contracts 
as provided in the C-17 settlement agreement. 
(B) Revise the delivery schedules under those contracts 
as provided in the C-17 settlement agreement for the aircraft 
designated as T-1 and P-1 through P-6. 
(C) Revise range specifications, payload specifications, and 
other specifications under those contracts as provided in Attach-
ment B to the letter (described in subsection (h)) setting forth 
the C-17 settlement agreement. 
(2) This section applies to the following contracts: 
(A) Air Force prime contract F33657-81-C-2108 (relating 
to the C-17 aircraft program). 
(B) Such other Air Force contracts relating to the C-17 
aircraft program (entered into before, on, or after the date 
of the enactment of this Act) as the Secretary of the Air Force 
determines to be appropriate. 
(b) 
FURTHER 
CONSIDERATION 
FROM 
CONTRACTOR 
NOT 
REQUIRED.—^The Secretary of the Air Force may enter into a supple-
mental agreement or contract modification under subsection (a) 
without requiring further consideration from the contractor for the 
benefit to be derived by the contractor under that agreement or 
modification only to the extent provided for in the C-17 settlement 
agreement. 
108 STAT. 2686 
PUBLIC LAW 103-337—OCT. 5, 1994 
(c) RELEASE OF CONTRACTOR CLAIMS.—^Any supplemental agree-
ment or contract modification entered into under subsection (a) 
shall, as provided in the C-17 settlement agreement, require that 
the prime contractor release the Government fi*om any contractual 
claim, demand, request for equitable adjustment, or other cause 
of action, known or unknown, that the prime contractor may have 
against the Government on or before January 6, 1994, arising 
out of the C-17 program contracts. 
(d) 
CONTRACT 
MODIFICATIONS 
REGARDING 
CONTRACTOR 
COMMITMENTS.—(1) The Secretary of the Air Force shall incorporate 
into each appropriate C-17 contract the commitment of the prime 
contractor to make C-17 program changes as described in para-
graph (2) on a nonreimbursable or cost-share basis. 
(2) Paragraph (1) applies to the commitment of the prime 
contractor provided in the C-17 settlement agreement to make 
the following C-17 program changes: 
(A) Extend the flight test program. 
(B) Redesign the wing. 
(C) Implement Computer Aided Design/Computer Aided 
Manufacturing System improvements. Management Informa-
tion System improvements, and Advanced Quality System 
improvements. 
(D) Implement 
product 
improvement 
cost 
reduction 
projects. 
(E) Resolve other C-17 program issues. 
(e) REQUIRED CERTIFICATION.—The Secretary of the Air Force 
may not enter into a supplemental agreement or contract modifica-
tion under subsection (a) until 30 days after the date on which 
the Secretary of Defense submits to Congress a written certification 
of each of the following: 
(1) That the terms and conditions set forth in the C-
17 settlement agreement, including the terms and conditions 
relating to the settlement of claims, are in the best interest 
of the Government for a total procurement imder the C-17 
program that could be as few as 40 aircraft. 
(2) That the membership of the Defense Science Board 
C-17 Task Force has advised the Secretary of Defense that, 
for a total procurement quantity of as few as 40 aircraft, the 
terms and conditions set forth in the C-17 settlement agree-
ment, including the terms and conditions relating to settlement 
of claims, are in the best interest of the Government. 
(3) That the Secretary will establish specific not-to-exceed 
costs estimates for production lots VII through XI and will 
provide that cost information to Congress not later than March 
1, 1995. 
(4) That during fiscal year 1995 no funds available to 
the Department of Defense will be used to relax performance 
requirements specified in the acquisition program baseline 
beyond the extent provided for in the C-17 settlement agree-
ment. 
(5) That the Secretary will transmit to Congress milestones 
and exit criteria for the C-17 not later than March 1, 1995. 
(6) That nothing in the C-17 settlement agreement releases 
the contractor from any potential liability for fraud or criminal 
violations. 
(f) RESTRICTION ON USE OF D O D FUNDS FOR DEVELOPMENT 
OF ALTERNATIVE AIRCRAFT.—No funds appropriated to the Depart-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2687 
ment of Defense for fiscal year 1995 may be used to design, develop, 
or produce a modified version of the C-17 aircraft that could be 
considered to be a nondevelopmental alternative aircraft for pur-
poses of future Department of the Air Force competitions for 
intertheater airlift requirements. 
(g) OTHER CONTRACTOR OBLIGATIONS.—Nothing in this section 
shall iDe construed as relieving the prime contractor for the C-
17 aircraft firom any obligation provided for in the C-17 settlement 
agreement. 
(h) C-17 SETTLEMENT AGREEMENT DEFINED.—For purposes of 
this section, the term "C-17 settlement agreement" means the 
settlement agreement that was proposed to the prime contractor 
for the C-17 aircraft program by the Under Secretary of Defense 
for Acquisition and Technology by letter dated January 3, 1994, 
and that was accepted by that prime contractor on January 6, 
1994. 
(i) EXPIRATION OF AUTHORITY.—The authority of the Secretary 
of the Air Force to enter into agreements and contract modifications 
under subsection (a) expires at the close of September 30, 1995. 
SEC. 133. HEAVY BOMBER FORCE REQUIREMENTS. 
(a) REQUIREMENTS STUDY.—The Secretary of Defense shall 
carry out a study of bomber force requirements of the Department 
of Defense. The Secretary shall submit to Congress a report on Reports, 
the results of the study not later than April 15, 1995. The study 
shall address, for each of the target years 1998, 2006, and 2014, 
the following: 
(1) Realistic alternative mixes of bombers constituting the 
bomber force and whether, for each of the alternative mixes, 
the bomber force so produced can meet well-defined national 
security requirements. 
(2) The incremental levels of munitions requirements, 
bomber upgrade requirements, and other support requirements 
for implementation of each of the alternative mixes. 
(3) The cost of implementation, affordability of implementa-
tion, and time required for implementation of each of the alter-
native mixes. 
(4) The sensitivity to small changes in assumptions of 
the capabilities of the bomber force produced by each of the 
alternative mixes to meet mission requirements. 
(b) FURTHER ALTERNATIVE STRATEGIES.—If the Secretary deter-
mines in the study carried out under subsection (a) that the bomber 
force capabilities are not adequate to meet requirements for any 
of the target years considered, the Secretary shall undertake a 
further study to examine alternative strategies for increasing 
bomber force capabilities. As part of such examination, the Sec-
retary shall do the following: 
(1) Determine those core bomber industrial capabilities that 
are needed to maintain the ability to design, develop, and 
produce bomber aircraft in the near-term and in the long-
term and that— 
(A) would take extended periods of time or substantial 
expense to regenerate; and 
(B) are in imminent danger of being lost. 
(2) For each strategy examined— 
(A) estimate the cost of implementing the strategy; 
108 STAT. 2688 
PUBLIC LAW 103-337—OCT. 5, 1994 
(B) make a judgment about the affordability of the 
strategy; and 
(C) assess the time required to implement the strategy. 
(c) SECOND REPORT.—If the Secretary carries out a study as 
provided in subsection (b), the Secretary shall submit to Congress 
a report containing the results of the study carried out under 
subsection (b) not later than July 1, 1995. The Secretary shall 
include in such report the Secretary's recommendations for assuring 
the availability of bomber force capabilities required in the future. 
(d) ENHANCED BOMBER CAPABILITY FUND.—(1) Of the amounts 
authorized to be appropriated by section 103 for procurement of 
aircraft for the Air Force, not more than $125,000,000 is available 
for an Enhanced Bomber Capability Fund. 
(2) Pending the completion of the studies required by sub-
sections (a) and (b), the Secretary may obligate up to $100,000,000 
of the amount in such fund— 
(A) for those studies; and 
(B) for the purpose of preserving those parts of the core 
capabilities referred to in subsection (b)(1). 
(3) If, as a result of the study carried out under subsection 
(b), the Secretary determines that a new-generation bomber is 
needed to meet the national security requirements for bombers, 
the Secretary may obligate up to $25,000,000 of the amount in 
such fund for requirements formulation and conceptual studies 
for 
a conventional-conflict-oriented 
lower-cost 
next-generation 
bomber. 
(e) LIMITATION ON FUND.—None of the amount available for 
the Enhanced Bomber Capability Fund may be obligated for 
advance procurement of new B-2 aircraft (including long-lead 
items). 
(f) BOMBER DEFINED.—For purposes of this section, the term 
"bombers" means the B-52, B-1, and B-2 aircraft and other bomber 
aircraft that are developed after the enactment of this Act with 
similar range and payload characteristics. 
SEC. 134. LIMITATION ON RETIREMENT OF BOMBER AIRCRAFT. 
No funds available to the Secretary of Defense may be obligated 
or expended during fiscal year 1995 for retiring, or preparing to 
retire, any B-52H, B-IB, or F-111 bomber aircraft. 
SEC. 135. EVALUATION OF RESTART OF C-5B AIRCRAFT PROCURE-
MENT. 
(a) EVALUATION.—The Secretary of the Air Force shall conduct 
an evaluation of the costs of restarting production of C-5B aircraft 
for the strategic airlift mission. The evaluation shall include startup 
costs and production costs for a production run of from 30 to 
70 units. 
(b) REPORT.—The Secretary shall submit to Congress a report 
on the evaluation under subsection (a). The report may be submitted 
as part of any other report required to be submitted that relates 
to intertheater airlift. 
Subtitle E—Other Matters 
SEC. 141. SALES AUTHORITY OF WORKING-CAPITAL FUNDED ARMY 
INDUSTRIAL FACBLITIES. 
Section 4543(a) of title 10, United States Code, is amended— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2689 
(1) in the matter preceding paragraph (1), by striking out 
"nondefense-related commercial"; 
(2) by striking out "and" at the end of paragraph (3); 
(3) by striking out the period at the end of paragraph 
(4) and inserting in heu thereof a semicolon; and 
(4) by adding at the end the following new paragraphs: 
"(5) the Secretary of the Army determines that the articles 
or services are not available from a commercial source located 
in the United States; 
"(6) the purchaser of an article or service agrees to hold 
harmless and indemnify the United States, except in a case 
of willful misconduct or gross negligence, from any claim for 
damages or injury to any person or property arising out of 
the article or service; 
"(7) the article to be sold can be manufactured, or the 
service to be sold can be substemtially performed, by the indus-
trial facility with only incidental subcontracting; 
"(8) it is in the public interest to manufacture such article 
or perform such service; and 
"(9) the sale will not interfere with performance of the 
military mission of the industrial facility.". 
SEC. 142. IDENTIFICATION IN BUDGET OF FUNDS FOR CHEMICAL 
DEMILITARIZATION 
MILITARY 
CONSTRUCTION 
PROJECTS. 
Section 1412(f) of the Department of Defense Authorization 
Act, 1986 (50 U.S.C. 1521(f)), is amended— 
(1) by inserting ", including funds for military construction 
projects necessary to carry out this section," after "canying 
out this section"; and 
(2) by striking out the last sentence. 
SEC. 143. TRANSPORTATION OF CHEMICAL MUNITIONS. 
50 USC1512a. 
(a) PROHIBITION OF TRANSPORTATION ACROSS STATE LINES.— 
The Secretary of Defense may not transport any chemical munition 
that constitutes part of the chemical weapons stockpile out of the 
State in which that munition is located on the date of the enactment 
of this Act and, in the case of £iny such chemical munition not 
located in a State on the date of the enactment of this Act, may 
not transport any such munition into a State. 
(b) TRANSPORTATION OF CHEMICAL MUNITIONS NOT IN CHEMI-
CAL WEAPONS STOCKPILE.—In the case of any chemical mimitions 
that are discovered or otherwise come within the control of the 
Department of Defense and that do not constitute part of the 
chemical weapons stockpile, the Secretary of Defense may transport 
such munitions to the nearest chemical munitions stockpile storage 
facility that has necessary permits for receiving and storing such 
items if the transportation of such munitions to that facility— 
(1) is considered by the Secretary of Defense to be nec-
essary; and 
(2) can be accomplished while protecting public health and 
safety. 
108 STAT. 2690 
PUBLIC LAW 103-337—OCT. 5, 1994 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—^Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
1995 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $5,319,520,000. 
(2) For the Navy, $8,845,854,000. 
(3) For the Air Force, $12,475,681,000. 
(4) For Defense-wide activities, $9,428,622,000, of which— 
(A) $230,495,000 is authorized for the activities of the 
Director, Test and Evaluation; and 
(B) $12,501,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT. 
(a) FISCAL YEAR 1995.—Of the amounts authorized to be appro-
priated by section 201, $4,193,833,000 shall be available for basic 
research and exploratory development projects. 
(! 
BASIC 
RESEARCH 
AND 
EXPLORATORY 
DEVELOPMENT 
DEFINED.—For purposes of this section, the term "basic research 
Eind exploratory development" means work funded in program ele-
ments for defense research and development under Department 
of Defense category 6.1 or 6.2. 
SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOP-
MENT PROGRAM. 
Of the amounts authorized to be appropriated by section 201, 
$111,907,000 shall be available for the Strategic Environmental 
Research and Development Program. 
SEC. 204. MOLECULAR DESIGN MATERIAL SCIENCE. 
Of the amount authorized to be appropriated for the Navy 
by section 201(2), $10,000,000 shall be used to conduct a centralized 
program in molecular design material science. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. SPACE LAUNCH MODERNIZATION. 
(a) POLICY.—(1) It is in the Nation's long-term national security 
and economic interests to regain preeminence in the area of space 
launch technology and operations. 
(2) Access to space at affordable costs is fundamental to 
maintaining required command, control, communications, intel-
ligence, navigation, weather, and early warning support to United 
States and coalition forces. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2691 
(3) Encouragement of privately financed, cost effective expend-
able and reusable launch vehicles is in the economic interest of 
the Department of Defense and the United States Government. 
(b) FINDING.—Congress finds that the current Department of 
Defense space launch infi*astructure has several deficiencies, includ-
ing high cost, excessive management overhead, inadequate operabil-
ity and responsiveness to satellite launch requirements, lack of 
standardization, very large launch personnel requirements to sup-
port laimch operations, over capacity, and technology obsolescence. 
(c) REQUIRED ACTIONS.—The Secretary of Defense shall take 
the following actions in pursuance of the space launch moderniza-
tion policy set forth in subsection (a) and to correct the deficiencies 
described in subsection (b): 
(1) Develop an integrated space launch vehicle strategy 
that, if implemented, would replace or consolidate the current 
fleet of medium and heavy launch vehicles. Where prudent 
and cost effective, the strategy should include a plan for the 
development of new or upgraded expendable launch vehicles. 
(2) Implement improved management practices including 
streamlined acquisition approaches, small government program 
staff, and minimal program overhead. 
(3) Encourage and evaluate innovative acquisition, tech-
nical, and financing (including best commercial practices) solu-
tions for providing affordable, operable, reliable, and responsive 
access to space. 
(4) Centralize oversight of launch requirements to ensure 
integrated evaluation of satellite requirements and launch 
capabilities. 
(5) Encourage and provide incentives for the use of commer-
cial practices in the acquisition, operation, and support of 
Department of Defense space operations. 
(6) Establish effective coordination among military, civilian, 
and commercial launch developers and users. 
(d) ALLOCATION OF FUNDS.—Of the amoimt authorized to be 
appropriated in section 201(3), $90,000,000 shall be available for 
research, development, test, and evaluation of non-man-rated space 
launch systems and technologies. Of that amount— 
(1) $30,000,000 shall be available for a competitive reusable 
rocket technology program; Eind 
(2) $60,000,000 shall be available for expendable launch 
vehicle technology development and acquisition, as appropriate. 
(e) TRANSFER OF FUNDS.—The Secretary of Defense shall, to 
the extent provided in appropriations Acts, transfer to the Depart-
ment of the Air Force the unobligated balance of funds appropriated 
for fiscal year 1994 to the Department of Defense for the Advanced 
Research Projects Agency for single-stage to orbit rocket research 
and development. 
(f) PROGRAM PLAN.—The Secretary of Defense and the Adminis-
trator of the National Aeronautics and Space Administration shall 
develop a plan to coordinate the programs of the Department of 
Defense and the National Aeronautics and Space Administration 
for expendable and reusable rocket technology demonstrators and 
technology development. The Secretary of Defense shall submit 
to Congress the plan developed under this subsection. 
(g) LIMITATIONS.—(1) Funds authorized for appropriation in 
subsection (d)(1) may be obligated only— 
108 STAT. 2692 
PUBLIC LAW 103-337—OCT. 5, 1994 
(A) to the extent that the fiscal year 1995 current operating 
plan of the National Aeronautics and Space Administration 
allocates at least an equal amount for its Reusable Space 
Laiuich program; and 
(B) as specified in the program plan developed and submit-
ted to Congress pursuant to subsection (f). 
(2) Not more than $30,000,000 of the funds authorized in sub-
section (d)(2) may be obligated until 30 days after the Secret£iry 
of Defense submits to Congress prograri plans, including objectives, 
milestones, future years defense program funding, and government-
industry cost sharing considerations, as applicable. 
SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY DEM-
ONSTRATION. 
(a) IN GENERAL.—(1) Of the amoimts authorized to be appro-
priated by section 201(3), up to $2,000,000 may be used for the 
conduct of a demonstration of existing nondevelopmental items 
that would enable the use of a single adaptor kit for munitions 
described in paragraph (2) in order to give those munitions a 
near-term standoff and accurate guided capability. Such kits should 
be able to be integrated into aircraft at minimal or no cost. 
(2) Paragraph (1) applies to guided and unguided in-inventory 
munitions of the class of 1,000 pounds and below. 
(b) REPORT.—The Secretary of the Air Force shall submit to 
Congress a report setting forth in detail the results and costs 
of the demonstration under subsection (a) and the applicability 
of the technology demonstrated in providing the Armed Forces 
with an inexpensive near-term solution to providing both range 
extension and accurate guided capability to in-inventory munitions. 
SEC. 213. EXTENSION OF PROmBITION ON TESTING MID-INFRARED 
ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN 
SPACE. 
(a) PROHIBITION.—The Secretary of Defense may not carry out 
a test of the Mid-Infrared Advanced Chemical Laser (MIRACL) 
transmitter and associated optics against an object in space during 
fiscal year 1995 unless such testing is specifically authorized by 
law. 
(b) CERTAIN TESTING UNAFFECTED.—Nothing in this section 
is intended to restrict the use of the Sealite Beam Director for 
the purpose of calibrating a satellite sensor, or for the purpose 
of imaging an object in space, in conjunction with a laser device 
other than the MIRACL device operating at an average power 
level not to exceed that used by other laser devices as of January 
1,1994, at other Department of Defense facilities for those purposes, 
SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COMBAT SYSTEMS 
TESTING REQUIREMENTS. 
(a) COVERED SYSTEMS.—Subsection (a) of section 220 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1589) is amended— 
(1) by inserting "ACAT I level integrated or stand-alone" 
before "electronic combat system"; and 
(2) by inserting "ACAT I level integrated or stand-alone" 
before "command, control, and communications countermeasure 
system". 
(b) APPLICABILITY.—Subsection (e) of section 220 of such Act 
is amended to read as follows: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2693 
"(e) APPLICABILITY.—The provisions of subsections (a) and (b) 
shall apply to an ACAT I level integrated or stand-alone electronic 
combat system gind to an ACAT I level integrated or stand-alone 
command, control, and communications coimtermeasure system that 
has not entered engineering and manufacturing development as 
ofSeptemberl, 1994.". 
(c) WAIVER.—Section 220 of such Act is further amended by 
adding at the end the following new subsection: 
"(f) WAIVER AUTHORITY.—(1) The Secretary of Defense may 
waive the requirements of subsection (a) with respect to a system 
in any case in which the Secretary determines that a waiver is 
necessary in the interests of national security. 
"(2) Whenever the Secretary proposes to make such a waiver, 
the Secretary shall submit to Congress a notice of the proposed 
waiver and the reasons for the waiver. The waiver may then be 
made only after the expiration of the 30-day period that begins 
on the date on which the notice is submitted to Congress.". 
SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM. 
(a) REQUIREMENT TO OBLIGATE FUNDS FOR ASPJ.—Subject to 
subsection (b), the Secretary of the Navy shall, not later than 
September 30, 1994, obligate funds appropriated to the Department 
of Defense for fiscal year 1994 and prior years to carry out logistics 
support and maintenance of existing Advanced Self Protection 
Jammer (ASPJ) systems, and integration of such systems fi-om 
the Navy inventory into the F-14D aircraft for testing and evalua-
tion. The Secretary may acquire sufficient racks, spares, and logistic 
support, including hardware and software, necessary to maintain 
the existing ASPJ systems in the Navy inventory. 
(b) LIMITATION.—The Secretary of the Navy may obligate funds 
under subsection (a) only to the extent provided in appropriations 
Acts. 
(c) RELATIONSHIP TO OTHER PROVISION OF LAW.—The Secretary 
of the Navy shall carry out subsection (a) notwithstanding section 
122 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2334). 
SEC. 216. ADVANCED LITHOGRAPHY PROGRAM. 
(a) PURPOSE.—The purpose of the Advanced Lithography Pro-
gram (in this section referred to as the "ALP") is to fund goal-
oriented research and development to be conducted in both the 
public and private sectors to help achieve a competitive position 
for American lithography tool manufacturers in the international 
market place. 
(b) CONDUCT OF PROGRAM.—(1) The program shall be conducted 
in accordance with research and development plans (including an 
interim plan) developed by the Semiconductor Technology Council, 
established in section 273 of the National Defense Authorization 
Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603) (as amended 
by section 263(b) of the National Defense Authorization Act for 
Fiscal Year 1994 (PubHc Law 103-160; 107 Stat. 1608)). 
(2) The interim plan referred to in paragraph (1) shall be 
the Semiconductor Industry Association (SIA) 1994 development 
plan for lithography. 
(c) PROGRAM MANAGEMENT.—The Advanced Research Projects 
Agency (ARPA) shall be the executive agent for the ALP and shall 
ensure seamless, fully integrated incorporation of the program plan-
108 STAT. 2694 
PUBLIC LAW 103-337—OCT. 5, 1994 
ning of the ALP into the full range of ARPA core electronics develop-
ment programs. 
(d) FUNDING.—(1) Of the fiinds authorized to be appropriated 
in section 201(4), $60,000,000 shall be available for the ALP to 
conduct research and development activities in accordance with 
subsection (b). 
(2) Of the funds authorized to be appropriated in section 201(4) 
for the Semiconductor Manufacturing Technology Consortiimi, the 
consortium is strongly encouraged to use not less than $10,000,000 
for activities related to lithography. 
SEC. 217. 
FEDERALLY 
FUNDED 
RESEARCH 
AND 
DEVELOPMENT 
CEN-
TERS. 
(a) CENTERS COVERED.—Funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1995 pursu-
ant to an authorization of appropriations in section 201 may be 
obUgated 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 
funding level set forth for that center in such report. 
(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not later than 
30 days 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 the House of Representatives a report 
containing— 
(A) 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 1995; and 
(B) for each such center, the proposed fiinding level and 
the estimated personnel level for fiscal year 1995. 
(2) The total of the proposed fiuiding 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 1995 may be obligated to procure work 
from a federally funded research and development center until 
the Secretary of Defense submits the report required by subsection 
(b). 
(d) FUNDING.—Of the amounts authorized to be appropriated 
by section 201, not more than a total of $1,300,000,000 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 Secretary 
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 Commit-
tees on Armed Services of the Senate and the House of Representa-
tives 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 begins 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 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2695 
period and notifies the Committees on Armed Services of the Senate 
and House of Representatives of that determination and the reasons 
for the determination. 
(f) PARTICIPATION IN PROGRAMS PROMOTING RESEARCH, DEVEL-
OPMENT, DEMONSTRATION, OR TRANSFER OF TECHNOLOGY.—(1) 
A 
federally funded research and development center of the Depart-
ment of Defense that functions primarily as a research laboratory 
may respond to solicitations and announcements under programs 
authorized by the Federal Government for the purpose of promoting 
the research, development, demonstration, or transfer of technology 
in a manner consistent with the terms and conditions of such 
program. 
(2) A federally funded research and development center 
described in paragraph (1) that responds to a solicitation or 
announcement described in such paragraph shall not be considered 
to be engaging in a competitive procedure and may use, among 
other authorities, cooperative research and development agreements 
provided for under section 12 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a)) as the instruments of 
participation in the solicitation or announcement. 
(g) STUDY OF ROLE OF F F R D C S IN THE MISSION OF THE DEPART-
MENT OF DEFENSE.—The Secretary of Defense shall require the 
Defense Science Board to conduct a study of the role of federally 
funded research and development centers in the mission of the 
Department of Defense. The study shall include an analysis of 
how the centers fit into the mission of the Department of Defense, 
which capabilities of the centers are unique and have national 
security consequences, and how these capabilities can be retained. 
The study also shall reviev; the extent to which activities performed 
by such centers could be obtained through in-house capabilities 
of the Department of Defense or through competitive procedures 
with for-profit and nonprofit organizations. The Secretary shall Reports, 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the study not later than 
May 1, 1995. 
(h) REVIEW BY DEFENSE INSPECTOR GENERAL OF COMPARISON 
OF EXECUTIVE COMPENSATION OF FFRDCS.—(1) The Secretary of 
Defense shall require the Inspector General of the Department 
of Defense to conduct a review of the compensation paid by federally 
funded research and development centers to all the officers and 
employees of such centers who are paid at a rate exceeding the 
Executive Schedule Level I rate. 
(2) In conducting the review, the Inspector General shall— 
(A) assess the validity of the data submitted by federally 
funded research and development centers to the Defense Con-
tract Audit Agency as justification for the salary rates that 
exceed the Executive Schedule Level I rate; 
(B) compare the compensation paid those individuals with 
(i) the compensation of similar technical and professional staff 
from for-profit and nonprofit organizations that must compete 
for defense work, and (ii) government officials of comparable 
expertise and responsibility; and 
(C) examine areas such as bonuses, medical benefits, sever-
ance packages, retirement plans, housing allowances, moving 
expenses, and other forms of nonsalary compensation, as appro-
priate. 
108 STAT. 2696 
PUBLIC LAW 103-337—OCT. 5, 1994 
Reports. 
(3) The Inspector General shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
a report on the review not later than May 1, 1995. 
(i) LIMITATION REGARDING RATES OF COMPENSATION.—(1) Funds 
available to the Department of Defense may not be paid to a 
federally funded research and development center unless the head 
of such center enters into an agreement with the Secretary of 
Defense that provides the following: 
(A) That no officer or employee of the federally funded 
research and development center referred to in paragraph (2) 
will be compensated in fiscal year 1995 at an annual rate 
of compensation that exceeds the annual rate of compensation 
provided that officer or employee in fiscal year 1994 (or, in 
the case of a person not employed as an officer or employee 
in such fiscal year, the annual rate of compensation provided 
for the person in the position of that officer or employee in 
fiscal year 1994). 
(B) That no such officer or employee will be paid a bonus 
or provided any other financial incentive in fiscal year 1995. 
(C) That no trustee of the federally funded research and 
development center will be paid compensation for services as 
trustee in fiscal year 1995 or £iny subsequent fiscal year at 
a rate that exceeds the rate of compensation provided in fiscal 
year 1994 for a member of the Defense Science Board for 
service as a member of such board. 
(2) Subparagraphs (A) and (B) of paragraph (1) apply to officers 
and employees of a federally funded research and development 
center who are compensated at an annual rate of compensation 
that exceeds the annual rate of pay provided for Executive Schedule 
level I under section 5312 of title 5, United States Code. 
(j) 
LIMITATION 
REGARDING 
CHARITABLE CONTRIBUTIONS.— 
Funds available to the Depairtment of Defense may not be paid 
to a federally funded research and development center unless the 
head of such center enters into an agreement with the Secretary 
of Defense not to make any charitable donation to a private institu-
tion, local government, institution of higher education, or any other 
person. 
(k) UNDISTRIBUTED REDUCTION.—The total amount authorized 
to be appropriated for research, development, test, and evaluation 
107 Stat. ir,8;}. 
in section 201 is hereby reduced by $52,650,000. 
SEC. 218. DIGITAL BATTLEFIELD PROGRAM. 
(a) FUNDING.—Of the amounts authorized to be appropriated 
by section 201, $95,857,000 shall be available for fiscal year 1995 
for the digital battlefield program (PE 203758A). 
(b) RiOGRAM LIMITATION.—Not more than 60 percent of the 
funds appropriated pursuant to section 201 for the digital battlefield 
program (PE 203758A) for the Army for fiscal year 1995 may 
be obligated for research and development activities for development 
or integration of such program until the Secretary of the Army— 
(1) coordinates with the Secretary of the Navy to include 
the Marine Corps in the Arm5r's plans for the digital battlefield; 
and 
(2) transmits to the congressional defense committees a 
report describing— 
(A) the Army's plan of actions and milestones for defin-
ing the overall system architecture for the digital battle-
PUBLIC LAW 103-337-OCT. 5, 1994 
108 STAT. 2697 
field, the standards and protocols for the digital battlefield, 
and resulting requirements; 
(B) how those requirements affect or will affect the 
major platforms that will make up the digital battlefield; 
and 
(C) the manner in which coordination with the Sec-
retary of the Navy under paragraph (1) is being carried 
out. 
SEC. 219. DUAL-USE ELECTRIC AND HYBRID VEfflCLES. 
(a) FUNDING.—Of the funds authorized to be appropriated in 
this Act— 
(1) $15,000,000 shall be available for procurement of elec-
tric and hybrid vehicles for military uses and for commercializa-
tion of such vehicles for nonmilitary uses; and 
(2) $10,000,000 shall be available for research, develop-
ment, test, £ind evaluation of electric £ind hybrid vehicles for 
military uses. 
(b) LIMITATION.—(1) Fimds made available pursuant to sub-
section (a) may not be expended until the Secretary of Defense, 
the Secretary of the Army, and the Secretary of Energy enter 
into a memorandum of understanding that specifies the responsibil-
ities of each Secretary for research, development, test, evaluation, 
procurement, and commercialization activities to be carried out 
with such funds. 
(2) The memorandum generally, and specifically in the case 
of the commercialization of such vehicles for nonmilitary uses, shall 
provide that any procurement of electric and hybrid vehicles author-
ized in subsection (a) shall be in accordance with the provisions 
of the Energy PoHcy Act of 1992 (PubHc Law 102-486; 42 U.S.C. 
13201 et seq.) and shall be consistent with the amendments made 
to the Clean Air Act (42 U.S.C. 7401 et seq.) by Public Law 101-
549 (commonly known as the Clean Air Act Amendments of 1990; 
104 Stat. 2399). 
SEC. 220. TACTICAL ANTISATELLITE TECHNOLOGIES PROGRAM. 
(a) DEMONSTRATION AND VALIDATION ACTIVITIES.—Subject to 
subsection (e), the Secretary of Defense shall continue the dem-
onstration and validation of kinetic energy antisatellite technologies 
under the tactical antisatellite technologies program. 
(b) LEVEL FUNDING.—Subject to subsection (e), of the amounts 
authorized to be appropriated in section 201 for the Army, 
$5,000,000 shall be available for fiscal year 1995 for engineering 
development under the tactical antisatellite technologies program. 
(c) REQUIREMENT OF OBLIGATION OF PRIOR YEAR FUNDS.—TO 
the extent provided in appropriations Acts, the Secretary shall 
obligate for engineering development under the tactical antisatellite 
technologies program all funds available for fiscal year 1993 and 
fiscal year 1994 for the Kinetic Energy Antisatellite (KE-ASAT) 
program that remain available for obligation on the date of the 
enactment of this Act. 
(d) REPORT.—The Secretary shall submit to Congress the report 
required by section 1363 of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2560). 
(e) LIMITATION.—No funds appropriated to the Department of 
Defense for fiscal year 1995 may be obligated for the tactical antisat-
ellite technologies program until the Secretary of Defense certifies 
to Congress that there is a requirement for an antisatellite program. 
108 STAT. 2698 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 221. LIMITATION ON DISMANTLEMENT OF INTERCONTINENTAL 
BALLISTIC MISSILES. 
l^eports. 
Funds authorized to be appropriated in this Act may not be 
obhgated or expended for deactivating or dismanthng interconti-
nental ballistic missiles (ICBMs) of the United States below that 
number of such missiles that is necessary to support 500 deployed 
intercontinental ballistic missiles imtil 180 days after the date 
on which the Secretary of Defense has submitted to the congres-
sional defense committees a report on the results of a nuclear 
posture review being conducted by the Secretary. 
SEC. 222. LIMITATION ON OBLIGATION OF FUNDS FOR SEISMIC MON-
ITORING RESEARCH. 
Funds authorized to be appropriated by this Act that are made 
available for seismic monitoring of nuclear explosions may not 
be obligated for a project unless the project is authorized in a 
plan approved by the review group established pursuant to Presi-
dential Decision Directive 18 (dated December 20,1993). 
SEC. 223. SUPERCONDUCTING MAGNETIC ENERGY STORAGE PROJECT. 
(a) AVAILABILITY OF FUNDS.—The authorization of appropria-
tions for fiscal year 1993 for the Superconducting Magnetic Energy 
Storage Project (SMES) shall be effective until the funds appro-
priated for such project are expended. The purposes for which 
such funds may be expended imder that authorization of appropria-
tions are those that are authorized in section 218 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2352) and section 218 of the National Defense 
Authorization Act for Fiscal Year 1994 (Pubhc Law 103-160; 107 
Stat. 1589). 
(b) TRANSFER DEADLINE.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
comply with the requirement to transfer fimds set forth in section 
218(b) of the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103-160; 107 Stat. 1589). 
SEC. 224. DEPARTMENT OF DEFENSE SATELLITE COMMUNICATIONS. 
(a) MILSTAR PROGRAM.—Of the amount authorized in section 
201 
for 
the 
MILSTAR 
satellite 
communications 
program, 
$20,000,000 is available either for advance procurement of 
MILSTAR satellites 5 and 6 or for the Advanced Extra High Fre-
quency (EHF) program, as determined by the Secretary of Defense. 
(b) DEPARTMENT OF DEFENSE SATELLITE COMMUNICATIONS MAS-
TER PLAN.—(1) The Secretary of Defense shall develop a satellite 
communications master plan that addresses— 
(A) the projected military satellite communications require-
ments of the Department of Defense; 
(B) alternate and innovative ways of meeting those require-
ments (including greater reliance on the commercial sector); 
and 
(C) possible financial incentives to ensure that those ele-
ments of the Department of Defense that create the demand 
for such communications services are required to have an 
important role in pajdng for the provision of those services. 
(2) The Secretary shall submit to Congress a report on the 
master plan developed under subsection (a) not later than April 
30,1995. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2699 
Subtitle C—^Missile Defense Programs 
SEC. 231. COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND 10 USC 24;n 
COMPONENTS WITH ABM TREATY. 
"ote 
(a) GENERAL LIMITATION.—Funds appropriated to the Depari;-
ment of Defense for fiscal year 1995, or otherwise made available 
to the Department of Defense from any funds appropriated for 
fiscal year 1995 or for any fiscal year before 1995, may not be 
obligated or expended— 
(1) for any development or testing of anti-ballistic missile 
systems or components except for development and testing 
consistent with the interpretation of the ABM Treaty set forth 
in the enclosure to the July 13, 1993, ACDA letter; or 
(2) for the acquisition of any material or equipment (includ-
ing long lead materials, 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. 
(b) LIMITATION RELATING TO BRILLIANT EYES.—Of the funds 
Repoits. 
appropriated pursuant to the authorizations of appropriations in 
section 201 that are made available for the space-based, midcourse 
missile tracking system known as the Brilliant Eyes program, not 
more than $80,000,000 may be obligated until the Secretary of 
Defense submits to the appropriate congressional committees a 
report on the compliance of that program with the ABM Treaty, 
as determined under the compliance review conducted pursuant 
to subsection (c). 
(c) COMPLIANCE REVIEW FOR BRILLIANT EYES.—The Secretary 
of Defense shall review the Brilliant Eyes program to determine 
whether, and under what conditions, the development, testing, and 
deployment of the Brilliant Eyes missile tracking system in conjunc-
tion with a theater ballistic missile defense system, with a limited 
national missile defense system, and with both such systems, would 
be in compliance with the ABM Treaty, including the interpretation 
of that treaty set forth in the enclosure to the July 13, 1993, 
ACDA letter. 
(d) COMPLIANCE REVIEW FOR NAVY UPPER TIER SYSTEM.—(1) 
The Secretary of Defense shall review the theater bsillistic missile 
program known as the Navy Upper Tier program to determine 
whether the development, testing, and deployment of the system 
being developed under that program would be in compliance with 
the ABM Treaty, including the interpretation of the Treaty set 
forth in the enclosure to the July 13, 1993, ACDA letter. 
(2) Of the funds made available to the Department of Defense 
for fiscal year 1995, not more than $40,000,000 may be obligated 
for the Navy Upper Tier program before the date on which tJie 
Secretary submits to the appropriate congressional committees a 
report on the compliance of that program with the ABM Treaty, 
as determined imder the compliance review under paragraph (1). 
(e) DEFINITIONS.—In this section: 
(1) The term "July 13, 1993, ACDA letter" means the 
letter dated July IS, 1993, from the Acting Director of the 
Arms Control and Disarmament Agency to the chairman of 
79-194 0—95—3 : QL 3 Part 4 
108 STAT. 2700 
PUBLIC LAW 103-337—OCT. 5, 1994 
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— 
(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. 
SEC. 232. MODIFICATIONS TO ANTI-RALUSTIC MISSILE TREATY TO 
BE ENTERED INTO ONLY THROUGH TREATY MAKING 
POWER. 
(a) REQUIREMENT FOR USE OF TREATY MAKING POWER.—The 
United States shall not be bound by any international agreement 
entered into by the President that would substantively modify the 
ABM Treaty unless the agreement is entered pursuant to the treaty 
making power of the President under the Constitution. 
(b) ABM TREATY DEFINED.—In this section, 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 Missile Systems, signed in Moscow on May 26, 1972, 
with related protocol, signed in Moscow on July 3, 1974. 
SEC. 233. REVISIONS TO THE MISSILE DEFENSE ACT OF 1991. 
The Missile Defense Act of 1991 (part C of title II of PuWic 
Law 102-190; 10 U.S.C. 2431 note) is amended— 
(1) by striking out sections 235, 236, and 237; and 
Reports. 
(2) in section 238, by inserting before the period at the 
end of the second sentence the following: ", and shall submit 
to the Congress additional interim reports on the progress 
of such negotiations at six-month intervals thereafter until 
such time as the President notifies the Congress that such 
negotiations have been concluded or terminated . 
SEC. 234. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES. 
(a) LIMITATION.—The Secretary of Defense may not conduct 
the laimch of a target ballistic missile as part of the theater missile 
defense extended range test program if an anticipated result of 
tiie launch of that target missile under that test program would 
be release of debris in a land area of the United States outside 
a designated Department of Defense test range or an extension 
thereof in force as of July 1,1994. 
(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. 
(c) CERTAIN TESTING UNAFFECTED.—Nothing in this section 
shall be construed as prohibiting or limiting testing of cruise mis-
siles, unmanned aerial vehicles (UAVs), or precision-guided mimi-
tions. 
(d) EXPIRATION OF LIMITATION.—The limitation in subsection 
(a) shall expire on the later of— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2701 
(1) June 30,1995; or 
(2) the end of the 30-day period beginning on the date 
of the pubhcation by the Secretary of Defense of the Final 
Environmental Impact Statement on the Theater Missile 
Defense Extended Test Range. 
SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE 
ORGANIZATION. 
In the budget justification materials submitted to Congress 
in support of the Department of Defense budget for any fiscal 
year after fiscal year 1995 (as submitted in the budget of the 
President), the amount requested for activities of the Ballistic Mis-
sile Defense Orggmization shall be set forth in accordance with 
the following program elements: 
(1) National Missile Defense. 
(2) Theater High-Altitude Area Defense (THAAD). 
(3) The Hawk Missile system. 
(4) Battle Management, Command, Control, Communica-
tions, and Intelligence (BM/C^I). 
(5) Patriot Advanced Capability-3 Missile System. 
(6) Patriot Advanced Capability-3 Missile risk reduction. 
(7) Navy Lower Tier Missile Defense. 
(8) Navy Upper Tier Missile Defense. 
(9) Army Corps Surface-to-Air Missile (CORPS SAM). 
(10) Boost Phase Intercept Program. 
(11) Other Theater Missile Defense Activities. 
(12) Support Technologies. 
(13) Program Management. 
Subtitle D—^Women's Health Research 
10 use 221 note. 
SEC. 241. DEFENSE WOMEN'S HEALTH RESEARCH PROGRAM. 
(a) CONTINUATION OF PROGRAM.—The Secretary of Defense 
shall continue the Defense Women's Health Research Program 
established in fiscal year 1994 pursuant to the authority in section 
251 of the National Defense Authorization Act for Fiscal Year 
1994 (Pubhc Law 103-160; 107 Stat. 1606). The program shall 
continue to serve as the coordinating agent for multi-disciplinary 
and multi-institutional research within the Department of Defense 
on women's health issues related to service in the Armed Forces. 
The program also shall continue to coordinate with research sup-
ported by other Federal agencies that is aimed at improving the 
health of women. 
(b) 
PARTICIPATION 
BY ALL MILITARY 
DEPARTMENTS.—The 
Departments of the Army, Navy, and Air Force shall each partici-
pate in the activities under the program. 
(c) ARMY TO BE EXECUTIVE AGENT.—The Secretary of Defense 
shall designate the Secretary of the Army to be the executive 
agent for administering the program. 
(d) IMPLEMENTATION PLAN.—If the Secretary of Defense intends 
to change the plan for the implementation of the program previously 
submitted to the Committees on Armed Services of the Senate 
and House of Representatives, the amended plan shall be submitted 
to such committees before implementation. 
10 use 1074d 
note. 
108 STAT. 2702 
PUBLIC LAW 103-337—OCT. 5, 1994 
(e) PROGRAM ACTIVITIES.—^The program shall include the follow-
ing activities regarding health risks and health care for women 
in the Armed Forces: 
(1) The coordination and support activities described in 
section 251 of Pubhc Law 103-160. 
(2) Epidemiologic research regarding women deployed for 
military operations, including research on patterns of illness 
and injury, environmental and occupational hazards (including 
exposure to toxins), side-effects of pharmaceuticals used by 
women so deployed, psychological stress associated with mili-
tary training, 
deployment, 
combat 
and 
other 
traumatic 
incidents, and other conditions of life, and human factor 
research regarding women so deployed. 
(3) Development of a data base to facilitate long-term 
research studies on issues related to the health of women 
in military service, and continued development and support 
of a women's health information clearinghouse to serve as 
an information resource for clinical, research, and policy issues 
affecting women in the Armed Forces. 
(4) Research on policies and standards issues, including 
research supporting the development of military standards 
related to training, operations, deplo)nnient, and retention and 
the relationship between such activities and factors affecting 
women's health. 
(5) Research on interventions having a potential for 
addressing conditions of military service that adversely affect 
the health of women in the Armed Forces. 
(f) FUNDING,—Of the amount authorized to be appropriated 
pursuant to section 201, $40,000,000 shall be available for the 
Defense Women's Health Research Program referred to in sub-
section (a). 
Subtitle E—Other Matters 
SEC. 
251. REQUIREMENT 
FOR SUBMISSION 
OF 
ANNUAL 
REPORT 
OF 
THE 
SEMICONDUCTOR 
TECHNOLOGY 
COUNCIL 
TO 
CON-
GRESS. 
Section 273(b)(2)(I) of the National Defense Authorization Act 
for Fiscal Years 1988 and 1989 (15 U.S.C. 4603(b)(2)(I)), as amended 
by section 263 of Public Law 103-160 (107 Stat. 1608) is amended 
by inserting "and submit to Congress by March 31 of each year" 
after "Publish". 
SEC. 252. REPORT ON OCEANOGRAPHIC SURVEY AND RESEARCH 
REQUIREMENTS TO SUPPORT LITTORAL WARFARE. 
(a) REPORT REQUIRED.—Not later than March 1, 1995, the 
Secretary of the Navy shall submit to Congress a report on the 
oceanographic survey and research and development requirements 
needed to support Navy operations in littoral regions, 
(b) CONTENT OF REPORT.—^The report shall contain the follow-
ing: 
(1) An identification of unique properties, including acous-
tics, bathymetry, bottom type, and ocean d3aiamics that affect 
shallow water operations in littoral regions. 
(2) A list of the principal littoral regions that— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2703 
(A) designates each region as high, medium, or low 
priority based on the probable need for Navy operations 
in such regions; and 
(B) for each region, is annotated to identify— 
(i) the date of the most recent detailed survey; 
and 
(ii) the extent to which that survey provides insight 
into the region's properties identified pursuant to para-
graph (1). 
(3) An assessment of the Nav^s current and projected 
access to each region for surveying purposes. 
(4) An assessment of the ability of current oceanographic 
survey and reseeirch assets to develop the information identified 
in paragraph (1). 
SEC. 253. LANSCE/LAMPF UPGRADES. 
Of the amounts authorized to be appropriated by section 201(1), 
$20,000,000 shall be available to complete the Los Alamos Neutron 
Scattering Center/Los Alamos Meson Physics Facility upgrades at 
the Los Alamos National Laboratory, Los Alamos, New Mexico. 
SEC. 254. STUDY REGARDING LIVE-FIRE SURVIVABILITY TESTING OF 
F-22 AIRCRAFT. 
(a) REQUIREMENT.—The Secretary of Defense shall request the 
National Research Council of the National Academy of Sciences— 
(1) to conduct a study regarding the desirability of exercis-
ing the authority under subsection (c) of section 2366 of title 
10, United States Code, to waive for the F-22 aircraft program 
the survivability tests required pursuant to subsection (a) of 
such section; and 
(2) to submit to the Secretary and Congress, within 180 Reports, 
days after the date of the enactment of this Act, a report 
containing the conclusions of the Council regarding the desir-
ability of waiving such tests. 
(b) CONTENT OF REPORT.—The report shall contain the following 
matters: 
(1) Conclusions regsirding the practicality of full-scale, full-
up testing for the F-22 aircraft program. 
(2) A discussion of the implications regarding the afford-
ability of the F-22 aircraft program of conducting and of not 
conducting the survivability tests, including an assessment of 
the potential life cycle benefits that could be derived from 
full-scale, full-up live fire testing in comparison to the costs 
of such testing. 
(3) A discussion of what, if any, changes of circumstances 
affecting the F-22 aircraft program have occurred since comple-
tion of the milestone II program review to cause the program 
m£inager to request a waiver of the survivability tests for the 
F-22 aircraft program that was not requested at that time. 
(4) The sufficiency of the F-22 siircraft program testing 
plans to fulfill the same requirements £md purooses as are 
provided in subsection (e)(3) of section 2366 of title 10, United 
States Code, for realistic survivability testing for purposes of 
subsection (a)(1)(A) of such section. 
(5) Any recommendations regarding survivability testing 
for the F-22 aircraft program that the Council considers appro-
priate on the basis of the study. 
108 STAT. 2704 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 255. UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM. 
Of the amounts authorized to be appropriated under section 
201, $10,000,000 shall be available for the University Research 
Initiative Support Program established pursuant to section 802 
of the National Defense Authorization Act for Fiscal Year 1994 
(Public Law 103-160; 107 Stat. 1701; 10 U.S.C. 2358 note). 
SEC. 256. 
MANUFACTURING SCIENCE 
AND 
TECHNOLOGY PROGRAM. 
(a) PROGRAM AUTHORIZED.—(1) Section 2525 of title 10, United 
States Code, is amended to read as follows: 
''§ 2525. Manufacturing science and technology program 
"(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a Manufacturing Science and Technology Program to further the 
national security objectives of section 2501(a) of this title. The 
Under Secretary of Defense for Acquisition and Technology shall 
administer the program. 
"(b) PURPOSE.—The purpose of the program is to enhance the 
capability of industry to meet the manufacturing needs of the 
Department of Defense. 
"(c) EXECUTION.—The Secretary may carry out projects under 
the program through the Secretaries of the military departments 
and the heads of the Defense Agencies. 
"(d) COMPETITION AND COST SHARING.—(1) Competitive proce-
dures shall be used for awarding all grants and entering into 
all contracts, cooperative agreements, and other transactions under 
the program. 
"(2) A grant may not be awarded under the program, and 
a contract, cooperative agreement, or other transaction may not 
be entered into under the program, on £iny basis other than a 
cost-sharing basis unless the Secretary of Defense determines that 
the grant, contract, cooperative agreement, or other transaction, 
as the case may be, is for a program that— 
"(A) is not likely to have any immediate and direct commer-
cial application; or 
"(B) is of sufficiently high risk to discourage cost sharing 
by non-Federal Government sources.". 
(2) The item relating to section 2525 in the table of sections 
at the beginning of subchapter IV of chapter 148 of such title 
is amended to read as follows: 
"2525. Manufacturing Science and Technology Program.". 
(b) FUNDING.—Of the amounts appropriated pursuant to section 
201, not more than $109,420,000 shall be available for the Manufac-
turing Science and Technology Program under section 2525 of title 
10, United States Code (as amended by subsection (a)), of which— 
(1) not more than $29,420,000 shall be available for the 
Army; 
(2) not more than $20,000,000 shall be available for the 
Navy; 
(3) not more than $50,000,000 shall be available for the 
Air Force; and 
(4) not more than $10,000,000 shall be available for the 
Defense Logistics Agency. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2705 
SEC. 
257. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE 10 USC 2358 
COMPETITIVE RESEARCH. 
note. 
(a) PROGRAM REQUIRED.—The Secretary of Defense, acting 
through the Director of Defense Research and Engineering, shall 
carry out a Defense Experimental Program to Stimulate Competi-
tive Research (DEPSCoR) as part of the university research pro-
grams of the Department of Defense. 
(b) PROGRAM OBJECTIVES.—The objectives of the program are 
as follows: 
(1) To enh£ince the capabilities of institutions of higher 
education in eligible States to develop, plan, £ind execute science 
and engineering research that is competitive luider the peer-
review systems used for awarding Federal research assistance. 
(2) To increase the probability of long-term growth in the 
competitively awarded financial assistance that institutions of 
higher education in eligible States receive from the Federal 
Government for science and engineering research. 
(c) PROGRAM ACTIVITIES.—In order to achieve the program 
objectives, the following activities are authorized under the pro-
gram: 
(1) Competitive award of research grants. 
(2) Competitive award of financial assistance for graduate 
students. 
(d) ELIGIBLE STATES.—(1) The Director of the National Science 
Foundation shall designate which States are eligible States for 
the purposes of this section and shall notify the Director of Defense 
Research and Engineering of the States so designated. 
(2) The Director of the National Science Foundation shall des-
ignate a State as an eligible State if, as determined by the 
Director— 
(A) the institutional average amount of Federal financial 
assistance for research and development received by the institu-
tions of higher education in the State for the fiscal year preced-
ing the fiscal year for which the designation is effective, or 
for the last fiscal year for which statistics are available, is 
less than the amount equal to 60 percent of the national institu-
tional average amount of Federal financial assistance for 
research and development received by the institutions of higher 
education in the United States for such preceding or last fiscal 
year, as the case may be; 
(B) the State has demonstrated a commitment to developing 
research bases in the State and to improving science and 
engineering research and education programs at institutions 
of higher education in the State; and 
(C) the State is an eligible State for purposes of the Experi-
mental Program to Stimulate Competitive Research conducted 
by the National Science Foiuidation. 
(e) COORDINATION WITH SIMILAR FEDERAL PROGRAMS.—(1) The 
Secretary shall consult with the Director of the National Science 
Foundation and the Director of the Office of Science and Technology 
Policy in the planning, development, and execution of the program 
and shall coordinate the program with the Experimental Program 
to Stimulate Competitive Research conducted by the National 
Science Foundation and with similar programs sponsored by other 
departments and agencies of the Federal Government. 
(2) All solicitations under the Defense Experimental Program 
to Stimulate Competitive Research shall be made to, and all awards 
108 STAT. 2706 
PUBLIC LAW 103-337—OCT. 5, 1994 
shall be made through, the State committees established for pur-
goses of the Experimental Program to Stimulate Competitive 
Research conducted by the National Science Foundation. 
(3) A State committee referred to in paragraph (2) shall ensure 
that activities carried out in the State of that committee under 
the Defense Experimental Program to Stimulate Competitive 
Research are coordinated with the activities carried out in the 
State under other similar initiatives of the Federal Government 
to stimulate competitive research. 
SEC. 258. STUDY ON CONVERGENCE OF GEOSAT AND EOS ALTIMETRY 
PROGRAMS. 
(a) REQUIREMENT.—The Secretary of the Navy and the Adminis-
trator of the National Aeronautics and Space Administration shall 
jointly conduct a study on the convergence of the National Aero-
nautics and Space Administration Earth Observing System Altim-
etry mission with the Navy Geosat Follow-On program. The study 
shall assess whether a converged system, which may involve minor 
modifications to the Geosat Follow-On satellite, could— 
(1) satisfy the needs of the Earth Observing System pro-
gram for altimetry data; 
(2) reduce the cost to the National Aeronautics and Space 
Administration of satisfying such needs; 
(3) be available in time to serve as the follow-on to the 
Topex/Poseidon mission; and 
(4) continue to meet the requirements of the Navy for 
altimetry data at no additional cost to the Navy. 
(b) CONSULTATION.—In conducting the study, the Secretary and 
the Administrator shall consult with appropriate members of the 
scientific community. 
(c) REPORT.—The Secretary and the Administrator shall submit 
to the Committees on Armed Services and on Commerce, Science, 
and Transportation of the Senate and the Committees on Armed 
Services and on Science, Space, and Technology of the House of 
Representatives a joint report on the results of the study conducted 
under subsection (a), together with the recommendations of the 
Secretary and the Administrator thereon. The report shall be 
submitted not later than February 15, 1995. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—^Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
1995 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance in amounts as follows: 
(1) For the Army, $17,426,804,000. 
(2) For the Navy, $21,055,470,000. 
(3) For the Marine Corps, $2,066,295,000. 
(4) For the Air Force, $18,837,623 000. 
(5) For Defense-wide activities, $10,031,576,000. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2707 
(6) For the Army Reserve, $1,238,822,000. 
(7) For the Naval Reserve, $827,819,000. 
(8) For the Marine Corps Reserve, $81,462,000. 
(9) For the Air Force Reserve, $1,464,932,000. 
(10) For the Army National Guard, $2,398,415,000. 
(11) For the Air National Guard, $2,771,678,000. 
(12) For the National Board for the Promotion of Rifle 
Practice $2 544 000. 
(13)'For the Defense Inspector General, $140,798,000. 
(14) For the United States Court of Appeals for the Armed 
Forces, $6,126,000. 
(15) 
For 
Environmental 
Restoration, 
Defense, 
$2,030,200,000. 
(16) For Drug Interdiction and Counter-drug Activities, 
Defense-wide, $714,200,000. 
(17) For Medical Programs, Defense, $9,854,459,000. 
(18) For Project Peace, $15,000,000. 
(19) 
For 
Cooperative 
Threat 
Reduction 
programs, 
$400,000,000. 
(20) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $86,000,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
1995 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) 
For 
the 
Defense 
Business 
Operations 
Fund, 
^1 239 438 000 
(2) For the National Defense Sealift Fund, $828,600,000, 
of which $220,000,000 shall be available for the Marine Corps 
maritime prepositioning ship enhancement program. 
SEC. 303. ABMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
1995 from the Armed Forces Retirement Home Trust Fund the 
sum of $59,317,000 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. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR 
WORK. 
Of amounts authorized to be appropriated for fiscal yesir 1995 
under section 301, there shall be available for the performance 
of depot-level maintenance and repair work by depot-level activities 
of the Department of Defense the amount that is equal to the 
sum o
f
— 
(1) the total amount provided in the budget submitted 
to Congress by the P*resident for fiscal year 1995 pursuant 
to section 1105 of title 31, United States Code, for the Depart-
ment of Defense for the performance of depot-level maintenance 
and repair work; and 
(2) $305,000,000, of which— 
(A) $140,000,000 shall be available for the Army; 
(B) $40,000,000 shall be available for the Navy; 
(C) $75,000,000 shall be available for the Air Force; 
and 
108 STAT. 2708 
PUBLIC LAW 103-337—OCT. 5, 1994 
(D) $50,000,000 shall be available for the Marine 
Corps. 
SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS. 
Section 306(c) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1335) 
is amended by inserting ", and for fiscal year 1995 the sum of 
$10,000,000," after "for fiscal year 1992 the sum of $2,000,000". 
SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS WORLD GAMES. 
(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense 
may provide logistical support and personnel services in connection 
with the 1995 Special Olympics World Games to be held in the 
State of Connecticut. 
(b) PAY AND NONTRAVEL-RELATED ALLOWANCES.—(1) Except as 
provided in paragraph (2), the costs for pay and nontravel-related 
allowances of members of the Armed Forces for the support and 
services referred to in subsection (a) may not be charged to appro-
priations made pursuant to the authorization in subsection (c). 
(2) Paragraph (1) does not apply in the case of members of 
a reserve component called or ordered to active duty to provide 
logisticsd support and personnel services for the 1995 Special Ol5ma-
pics World Games. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby author-
ized to be appropriated for the Department of Defense for fiscal 
year 1995 the sum of $3,000,000 to carry out subsection (a). 
Subtitle B—^Defense Business Operations 
Fund 
SEC. 311. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND. 
(a) EXTENSION OF AUTHORITY.—Section 316(a) of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (10 
U.S.C. 2208 note) is amended by striking out "During the period" 
and all that follows through "December 31, 1994, the" and inserting 
in lieu thereof "The". 
10 use 2208 
(b) PURCHASE 
FROM 
OTHER 
SOURCES.—The Secretary of 
"o**- 
Defense or the Secretary of a military department may purchase 
goods and services that are available for purchase fi-om the Defense 
Business Operations Fund fi*om a source other than the Fund 
if the Secretary determines that such source offers a more competi-
tive rate for the goods and services than the Fimd offers. 
10 use 2208 
(c) LIMITATION ON INCLUSION OF CERTAIN COSTS IN D B O F 
note. 
CHARGES.—^A charge imposed for a good or service provided through 
the Fund may not include amounts necessary to cover costs incurred 
in connection with the closure or realignment of a military installa-
tion. 
10 use 2208 
(d) PROCEDURES FOR ACCUMULATION OF FUNDS.—The Secretary 
note. 
of Defense shall establish billing procedures to ensure that the 
balance in the Fund does not exceed the amount necessary to 
provide for the working capital requirements of the Fund, as deter-
mined by the Secretary. 
10 use 2208 
(e) ANNUAL REPORTS AND BUDGET.—The Secretary of Defense 
note. 
shall annually submit to the congressional defense committees, 
at the same time that the President submits the budget under 
section 1105 of title 31, United States Code, the following: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2709 
(1) A detailed report that contains a statement of all 
receipts and disbursements of the Fund (including such a state-
ment for each subaccount of the Fund) for the year for which 
the report is submitted. 
(2) A detailed proposed budget for the operation of the 
Fund for the fiscal year for which the budget is submitted. 
(3) A comparison of the amounts actually expended for 
the operation of the Fund for the previous fiscal year with 
the amoimt proposed for the operation of the Fund for that 
fiscal year in the budget. 
(f) IMPLEMENTATION OF IMPROVEMENT PLAN.—(1) Not later than 
lo use 2208 
February 1, 1995, the Secretary of Defense shall submit to the "o*®-
congressional defense committees a report on the progress made 
in implementing the Defense Business Operations Fund Improve-
ment Plan, dated September 1993. The report shall describe the 
progress made in reaching the milestones established in the plan 
and provide an explanation for any failure to meet any such mile-
stone. The Secretary shall submit a copy of the report to the 
Comptroller General of the United States at the same time that 
the Secretary submits the report to the congressional defense 
committees. 
(2) The Comptroller General shall monitor and evaluate the 
progress of the Department 
of Defense in developing and 
implementing the improvement plan referred to in paragraph (1). 
(3) Not later than March 1, 1995, the Comptroller General 
shall submit to the congressional defense committees a report 
containing the following: 
(A) An evaluation of the progress report submitted to the 
congressional defense committees by the Secretary of Defense 
pursuant to paragraph (1). 
(B) The findings and conclusions of the Comptroller General 
resulting from the monitoring and evaluation conducted under 
paragraph (2). 
(C) Any recommendations for legislation or administrative 
action concerning the Fund that the Comptroller General 
considers appropriate. 
(g) DEFINITION.—In this section, the term "Fund" means the 
Defense Business Operations Fund. 
SEC. 312. REVIEW BY COMPTROLLER GENERAL OF CHARGES IMPOSED 
BY DEFENSE BUSINESS OPERATIONS FUND. 
(a) REVIEW.—The Comptroller General of the United States 
shall review the charges proposed by the Secretary of Defense 
to be imposed for fiscal year 1996 for goods and services provided 
by the Defense Business Operations Fund, including related service 
charges and charges for overhead costs. 
(b) DETERMINATION REQUIRED.—In conducting the review, the 
Comptroller General shall— 
(1) compare the charges imposed for the provision of goods 
and services to the military departments and Defense Agencies 
with the charges imposed for the provision of goods and services 
to persons outside the Department of Defense; and 
(2) determine the extent to which differences in such 
charges result in the military departments and Defense Agen-
cies having a cost advantage or a cost disadvantage in relation 
to the persons outside the Department of Defense. 
108 STAT. 2710 
PUBLIC LAW 103-337—OCT. 5, 1994 
Reports. 
(c) REPORT.—Not later than April 15, 1995, the Comptroller 
General shall submit to Congress a report on the results of the 
review conducted under subsection (a). The report shall contain 
the comparison and determination required by subsection (b) and 
any recommendations of the Comptroller General for legislation 
or administrative action. 
SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAPITAL ASSET 
FUND. 
The Secretary of Defense may not incur obligations against 
funds in the capital asset subaccount of the Defense Business 
Operations Fund during fiscal year 1995 in a total amount in 
excess of $1,440,000,000. 
SEC. 
314. LIMITATION ON OBLIGATIONS AGAINST THE SUPPLY 
MANAGEMENT DIVISIONS. 
(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 1995 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 
1995, the Secretary shall exclude obligations £uid 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 Government, and the cost of operations. 
(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 
the limitation in subsection (a) if the Secretary determines that 
such waiver is necessary in order to maintain the readiness and 
combat effectiveness of the Armed Forces. The Secretary shgJl 
immediately notify Congress of any such waiver and the reasons 
for such waiver. 
(c) DETERMINATIONS OF EFFECTS OF LIMITATION ON READINESS 
AND COMBAT EFFECTIVENESS.—Not later than 60 days after the 
date of the enactment of this Act, the Secretaries of the military 
departments and the Director of the Defense Logistics Agency shall 
each submit to the Secretary of Defense a report contsdning the 
views of such official on the effects of the limitation in subsection 
(a) on the ability of the Department of Defense to maintain the 
readiness and combat effectiveness of the Armed Forces. If the 
Secretary of Defense determines, after considering the reports, that 
the limitation will impair the readiness and combat effectiveness 
of £iny of the Armed Forces, the Secretary shall exercise the waiver 
authority provided in subsection (b). 
Subtitle C—Environmental Provisions 
SEC. 321. LIMITATION ON USE OF ENVIRONMENTAL RESTORATION 
FUNDS FOR PAYMENT OF FINES AND PENALTIES. 
Section 2703 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(f) PAYMENT OF FINES AND PENALTIES.—None of the funds 
appropriated to the transfer account for fiscal years 1995 through 
1999 may be used for the payment of a fine or penalty imposed 
against the Department of Defense unless the act or omission 
PUBLIC LAW 103-337-OCT. 5, 1994 
108 STAT. 2711 
for which the fine or penalty is imposed arises out of an activity 
funded by the transfer account.". 
SEC. 322. PARTICIPATION OF INDIAN TRIBES IN AGREEMENTS FOR 
DEFENSE ENVIRONMENTAL RESTORATION. 
Section 2701(d) of title 10, United States Code, is amended— 
(1) by striking out "SERVICE OF OTHER AGENCIES.—The 
Secretary" and inserting in lieu thereof the following: "SERVICE 
OF OTHER AGENCIES.— 
"(1) IN GENERAL.—The Secretary"; 
(2) in paragraph (1), as so designated, by inserting "or 
any Indian tribe" after "any State or local government agency"; 
and 
(3) by adding at the end the following: 
"(2) DEFINITION.—In this subsection, the term Indian tribe' 
has the meaning given such term in section 101(36) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601(36)).". 
SEC. 323. EXTENSION OF AUTHORITY TO ISSUE SURETY BONDS FOR 
CERTAIN ENVIRONMENTAL PROGRAMS. 
Section 2701(j)(l) of title 10, United States Code, is amended 
by striking out "December 31, 1995" and inserting in lieu thereof 
"December 31,1999". 
SEC. 324. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES. 
The Secretary of Defense may pay, from funds appropriated 
pursuant to section 301(15), not more than $500,000 to the Hazard-
ous Substance Superfiind established under section 9507 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9507) as payment of 
stipulated civil penalties assessed under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) against the West Virginia Ordnance Works. 
SEC. 325. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND 
DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS 
MATERIALS AT MILITARY INSTALLATIONS. 
Section 2692(b) of title 10, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (7); 
(2) by striking out the period at the end of paragraph 
(8) and inserting in lieu thereof"; and"; and 
(3) by adding at the end the following new paragraph: 
"(9) the treatment and disposal of any material that is 
not owned by the Department of Defense if the Secretary of 
the military department concerned determines that the mate-
rial is required or generated by a private person in connection 
with the authorized and compatible commercial use by that 
person of an industrial-type facility of that military department 
and the Secretary enters into a contract with that person 
that— 
"(A) is consistent with the best interest of national 
defense and environmental security; and 
"(B) provides for that person's continued financial and 
environmental responsibility and liability with regard to 
the material.". 
108 STAT. 2712 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 326. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE 
ENVIRONMENTAL RESTORATION ACTIVITIES. 
(a) ESTABLISHMENT OF RESTORATION ADVISORY BOARDS.—Sec-
tion 2705 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(d) RESTORATION ADVISORY BOARD.—(1) In lieu of establishing 
a technical review committee under subsection (c), the Secretary 
may permit the establishment of a restoration advisory board in 
connection with any installation (or group of nearby installations) 
where the Secretary is planning or implementing environmental 
restoration activities. 
Regulations. 
"(2) The Secretary shall prescribe regulations regarding the 
characteristics, composition, funding, and establishment of restora-
tion advisory boards pursuant to this subsection. However, the 
issuance of regulations shall not be a precondition to the establish-
ment of a restoration advisory board or affect the existence or 
operation of a restoration advisory board established before the 
date of the enactment of this section. 
"(3) The Secretary may provide for the payment of routine 
administrative expenses of a restoration advisory board from funds 
available for the operation and maintenance of the installation 
(or installations) for which the board is established or from the 
funds available under subsection (e)(3).". 
(b) 
ASSISTANCE FOR CITIZEN PARTICIPATION ON TECHNICAL 
REVIEW BOARDS AND RESTORATION ADVISORY BOARDS.—Such sec-
tion is further amended by adding after subsection (d), as added 
by subsection (a), the following new subsection: 
"(e) ASSISTANCE FOR CITIZEN PARTICIPATION.—(1) Using funds 
made available under paragraph (3), the Secretary may make tech-
nical assistance grants imder section 117(e) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9617(e)) in connection with installations containing facili-
ties listed on the National Priorities List. 
"(2)(A) Subject to subparagraph (B), the Secretary shall make 
available under paragraph (3) funds to facilitate the participation 
of individuals from the private sector on technical review commit-
tees and restoration advisory boards at installations not covered 
by paragraph (1) for the purpose of ensuring public input into 
the planning and implementation of environmental restoration 
activities at the installations for which such committees and boards 
are in operation. 
"(B) The private individuals who are members of a committee 
or advisory board are eligible for funding assistance under this 
paragraph only if they reside in the vicinity of the installation 
(or installations) for which the committee or advisory board is 
established and are not potentially responsible parties with respect 
to environmental hazards at any installation. Funds shall be paid 
to, and administered by, the committee or advisory board on which 
the private individuals are members for accounting and financial 
management purposes, subject to subparagraph (C). 
"(C) Individuals who are local community members of a tech-
nical review committee or restoration advisory board may use funds 
made available under this paragraph only— 
"(i) to obtain technical assistance in interpreting scientific 
and engineering issues with regard to the nature of environ-
mental hazards at an installation and the restoration activities 
proposed for or conducted at the installation; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2713 
"(ii) to assist such members and affected citizens to partici-
pate more effectively in environmental restoration activities 
at the installation. 
"(D) The members of a technical review committee or restora-
tion advisory board may use funds made available under this para-
graph to employ technical or other experts, in accordance with 
the regulations prescribed under subsection (d)(2). 
"(3)(A) Subject to subparagraph (B), the Secretary shall make 
funds available under this subsection using funds in the following 
accounts: 
"(i) In the case of a military installation not closed pursuant 
to a base closure law, the Defense Environmental Restoration 
Account established in section 2703(a) of this title. 
"(ii) In the case of a technical review committee or restora-
tion advisory board established for a military installation to 
be closed, the Department of Defense Base Closure Account 
1990 established under 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) The total amount of funds available under this subsection 
for fiscal year 1995 may not exceed $7,500,000.". 
(c) INVOLVEMENT OF COMMITTEES AND BOARDS IN DEFENSE 
ENVIRONMENTAL RESTORATION PROGRAM.—Such section is further 
amended by adding after subsection (e), as added by subsection 
(b), the following new subsection: 
"(f) INVOLVEMENT IN DEFENSE ENVIRONMENTAL RESTORATION 
PROGRAM.—If a technical review committee or restoration advisory 
board is established with respect to an installation (or group of 
installations), the Secretary shall consult with and seek the advice 
of the committee or board on the following issues: 
"(1) Identifying environmental restoration activities and 
projects at the installation or installations. 
"(2) Monitoring progress on these activities and projects. 
"(3) Collecting information regarding restoration priorities 
for the installation or installations. 
"(4) Addressing land use, level of restoration, acceptable 
risk, and waste management and technology development 
issues related to environmental restoration at tie installation 
' 
or installations. 
"(5) Developing environmental restoration strategies for 
the installation or installations.". 
(d) IMPLEMENTATION REQUIREMENTS.—Not later than 180 days lo use 2705 
after the date on which the Secretary of Defense announces a note, 
decision to establish restoration advisory boards, the Secretary 
s h a l l -
(1) prescribe the regulations required under subsection Regulations. 
(d)(2) of section 2705 of title 10, United States Code, as added 
by subsection (a); and 
(2) take appropriate actions to notify the public of the 
availability of funding under subsection (e) of such section, 
as added by subsection (b). 
(e) REPORT.—Not later than May 1, 1996, the Secretary of lo use 2705 
Defense shall submit to the Committees on Armed Services of "^^^ 
the Senate and House of Representatives a report regarding— 
(1) the establishment of restoration advisory boards under 
subsection (d) of section 2705 of title 10, United States Code, 
as added by subsection (a); and 
108 STAT. 2714 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) the expenditure of funds for assistance for citizen 
participation on technical review committees and restoration 
advisory boards under subsection (e) of such section, as added 
by subsection (b). 
SEC. 327. PILOT PROGRAM TO DEVELOP AND DEMONSTRATE ENVIRON-
MENTAL REMEDIATION TECHNOLOGIES. 
(a) COOPERATIVE AGREEMENT FOR PILOT PROGRAM.—(1) The 
Secretary of Defense may enter into a cooperative agreement with 
an institution of higher education for the purpose of facihtating 
the development and demonstration of new methods and tech-
nologies for more effective and expedient environmental remediation 
at military installations by engaging in a pilot demonstration project 
as provided in subsection (b). 
(2) If the Secretary enters into a cooperative agreement under 
paragraph (1), the agreement shall authorize the institution of 
higher education to enter into partnerships or other relationships 
with private and public entities for purposes of conducting activities 
under the cooperative agreement. 
(b) PILOT PROJECT AT DEFENSE LANDFILL.—(1) If the Secretary 
enters into a cooperative agreement under subsection (a)(1), the 
agreement shall authorize the institution of higher education to 
participate in a cooperative pilot demonstration project at a Govern-
ment landfill described in paragraph (2) if such demonstration 
project can be carried out in a manner that is consistent with 
all other actions at such landfill that the Secretary is legally 
required to undertake. 
(2) The Government landfill referred to in paragraph (1) is 
a Government landfill that— 
(A) is listed on the National Priorities List pursuemt to 
section 105(a)(8)(B) of the Comprehensive 
Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9605(a)(8)(B)); and 
(B) is located on a military installation to be closed pursu-
ant to a base closure law. 
(c) FUNDING FOR FISCAL YEAR 1995.—Of the amount authorized 
to be appropriated under section 201(4) and made available for 
innovative environmental technologies certification, $1,000,000 shall 
be available for the establishment of the cooperative agreement 
and the activities necessary to conduct the pilot demonstration 
project under this section. 
10 use 2701 
SEC. 328. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR 
note 
DEFENSE PERSONNEL. 
(a) ESTABLISHMENT.—The Secretary of Defense shall estabhsh 
and conduct an education and training program for members of 
the Armed Forces and civilian employees of the Department of 
Defense whose responsibilities include planning or executing the 
environmental mission of the Department. The Secretary shall con-
duct the program to ensure that such members and employees 
obtain and maintain the knowledge and skill required to comply 
with existing environmental laws £ind regulations. 
(b) IDENTIFICATION OF MILITARY FACILITIES WiTH ENVIRON-
MENTAL TRAINING EXPERTISE.—AS part of the program, the Sec-
retary may identify military facilities that have existing expertise 
(or the capacity to develop such expertise) in conducting education 
and training activities in various environmental disciplines. In the 
case of a militaiy facility identified under this subsection, the 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2715 
Secretary should encourage the use of the faciUty by members 
and employees referred to in subsection (a) who are not under 
the jurisdiction of the military department operating the facility. 
SEC. 329. STUDY OF ESTABLISHMENT OF LAND MANAGEMENT AND 10 USC 2661 
TRAINING CENTER. 
"°*® 
(a) STUDY.—The Secretary of the Army shall carry out a study 
of the feasibility and advisability of establishing a center for the 
land management activities and land management training activi-
ties of the Department of Defense. 
(b) REPORT.—Not later than May 1, 1996, the Secretary shall 
submit to the congressional defense committees a report on the 
study required under subsection (a). If the Secretary concludes 
as a result of the study that establishing the center is feasible 
and advisable, the report shall include a statement of the Secretary's 
recommendations for the location of the center and the specific 
activities to be conducted at the center. 
Subtitle D—Depot-Level Activities 
SEC. 331. FINDINGS. 
10 USC 2466 
Congress makes the following findings: 
(1) By providing 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, 
the depot-level maintenance and repair activities of the Depart-
ment of Defense play an essential role in maintaining the 
readiness of the Armed Forces. 
(2) It is appropriate for the capability of the depot-level 
maintenance and repair activities of the Department of Defense 
to perform maintenance and repair of weapon systems and 
equipment to be based on policies that take into consideration 
the readiness, mobilization, and deployment requirements of 
the military departments. 
(3) It is appropriate for the msuiagement of employees 
of the depot-level maintenance and repair activities of the 
Department of Defense to be based on the amount of workload 
necessary to be performed by such activities to maintain the 
readiness of the weapon systems and equipment of the military 
departments and on the funds made available for the perform-
ance of such workload. 
SEC. 
332. MODIFICATION OF LIMITATION ON PERFORMANCE OF 
DEPOT-LEVEL MAINTENANCE. 
(a) MODIFICATION.—Subsection (a) of section 2466 of title 10, 
United States Code, is amended to read as follows: 
"(a) PERCENTAGE LIMITATION.—Not more than 40 percent of 
the funds made available in a fiscal year to a military department 
or a Defense Agency for depot-level maintenance and repair work-
load may be used to contract for the performance by non-Federal 
Government personnel of such workload for the military department 
or the Defense Agency. Any such funds that are not used for 
such a contract shall be used for the performance of depot-level 
msdntenance and repair workload by employees of the Department 
of Defense.". 
108 STAT. 2716 
PUBLIC LAW 103-337—OCT. 5, 1994 
(b) INCLUSION OF REPAIR ACTIVITIES.—Subsection (b) of such 
section is amended by inserting "and repair" after "maintenance" 
each place it appears. 
(c) REPORT.—Subsection (e) of such section is amended to read 
as follows: 
"(e) REPORT.—Not later than January 15, 1995, the Secretary 
of Defense shall submit to Congress a report identifying, for each 
military department and Defense Agency, the percentage of funds 
referred to in subsection (a) that was used during fiscal year 1994 
to contract for the performance by non-Federal Government person-
nel of depot-level maintenance and repair workload.". 
SEC. 333. REPORT ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE 
AND REPAIR OF NEW WEAPON SYSTEMS. 
(a) REPORT.—Not later than April 1, 1995, the Secretary of 
Defense shall submit to Congress a report that contains a statement 
by each Secretary of a military department on the plans of that 
military department to provide for the depot-level maintenance 
and repair of any new weapon system described in subsection 
(b) by depot-level activities of the Department of Defense. 
(b) 
COVERED WEAPON 
SYSTEMS.—A new weapon 
system 
referred to in subsection (a) is a weapon system— 
(1) initially delivered to the military department by a con-
tractor on, or within 4 years before, the date of the enactment 
ofthisAct;or 
(2) planned for initial delivery to the military department 
by a contractor on, or within 5 years after, such date. 
SEC. 334. REVIEW OF COST GROWTH IN CONTRACTS TO PERFORM 
DEPOT-LEVEL MAINTENANCE AND REPAIR. 
(a) REVIEW.—The Secretary of Defense shall carry out a review 
of a representative sample of existing contracts entered into by 
the Department of Defense for the performance of depot-level 
maintenance and repair to determine the extent to which the costs 
incurred by a contractor under any such contract have exceeded 
the cost of the contract at the time the contract was entered into. 
(b) REPORT.—Not later than May 1, 1995, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report containing the 
results of the review carried out under subsection (a). 
SEC. 335. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF THE DEPART-
MENT OF DEFENSE TO COMPETE FOR MAINTENANCE 
AND REPAIR WORKLOADS OF OTHER FEDERAL AGEN-
CIES. 
(a) IN GENERAL.—Chapter 146 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 2470. Depot-level activities of the Department of Defense: 
authority to compete for maintenance and repair 
workloads of other Federal agencies 
"A depot-level activity of the Department of Defense shall be 
eligible to compete for the performance of any depot-level mainte-
nance and repair workload of a Federal agency for which competi-
tive procedures are used to select the entity to perform the work-
load.". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2717 
(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: 
"2470. Depot-level activities of the Department of Defense: authority to compete for 
maintenance and repair workloads of other Federal agencies.". 
SEC. 336. AUTHORITY OF DEPOTS TO PROVTOE SERVICES OUTSIDE 
THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 146 of title 10, United States Code, 
as amended by section 335, is further amended by adding at the 
end the following new section: 
"§2471. Persons outside the Department of Defense: lease 
of excess depot-level equipment and facilities by 
"(a) 
AUTHORITY TO LEASE EXCESS EQUIPMENT AND FACILI-
TIES.—Subject to subsection (b), the Secretary of a military depart-
ment and, with respect to a Defense Agency, the Secretary of 
Defense, may lease excess equipment and facilities of a depot-
level activity of the military department, or the Defense Agency, 
to a person outside the Department of Defense. 
"(b) LIMITATIONS.—^A lease under subsection (a) may be entered 
into only if— 
"(1) the lease of any such equipment or facilities will not 
have a significant adverse effect on the readiness of the armed 
forces, as determined by the Secretary concerned; 
"(2) the person leasing such equipment or facilities agrees 
to reimburse the Department of Defense for the costs (both 
direct and indirect costs, including any rental costs, as deter-
mined the Secretary concerned) attributable to the lease of 
such equipment or facilities; 
"(3) the person leasing such equipment or facilities agrees 
to hold harmless and indemnify the United States, except in 
cases of willful conduct or gross negligence, from any claim 
for damages or injury to any person or property arising out 
the lease of such equipment or facilities; and 
"(4) the person leasing such equipment or facilities agrees 
to hold harmless and indemnify the United States from any 
liability or claim for dam.ages or injury to any person or property 
arising out of a decision by the Secretary concerned to suspend 
or terminate the lease during a war or national emergency. 
"(c) CREDIT TO TREASURY.—^Any reimbursement (including the 
payment of rental costs) received under this section shall be credited 
to the Treasury as miscellaneous receipts.". 
(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: 
"2471. Persons outside the Department of Defense: lease of excess depot-level equip-
ment and facilities by.". 
SEC. 337. R E U T I L I Z A T I O N INITIATIVE FOR DEPOT-LEVEL ACTIVITIES. 
10 USC 2466 
(a) PROGRAM AUTHORIZED.—The Secretary of Defense shall con-
duct activities to encourage commercial firms to enter into partner-
ships with depot-level activities of the military departments for 
the purposes o
f
— 
(1) demonstrating commercial uses of the depot-level activi-
ties that are related to the principal mission of the depot-
level activities; 
108 STAT. 2718 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) preserving emplo3anent and skills of employees cur-
rently employed by the depot-level activities or providing for 
the reemplojntnent and retraining of employees who, as the 
result of the closure, realignment, or reduced in-house workload 
of such activities, may become unemployed; and 
(3) supporting the goals of other defense conversion, 
reinvestment, and transition assistance programs while also 
allowing the depot-level activities to remain in operation to 
continue to perform their defense readiness mission. 
(b) CONDITIONS.—The Secreteiry shall ensure that activities 
conducted imder this section— 
(1) do not interfere with the closure or realignment of 
a depot-level activity of the military departments under a base 
closure law; and 
(2) do not adversely affect the readiness or primary mission 
of a participating depot-level activity. 
SEC. 338. CHANGE OF SOURCE FOR PERFORMANCE OF DEPOT-LEVEL 
WORKLOADS. 
The text of section 2469 of title 10, United States Code, is 
amended to read as follows: 
"(a) REQUIREMENT FOR COMPETITION.—The Secretary of Defense 
shall ensure that the performance of a depot-level maintenance 
or repair workload described in subsection (b) is not changed to 
performance by a contractor or by another depot-level activity of 
the Department of Defense unless the change is made using— 
"(1) merit-based selection procedures for competitions 
among all depot-level activities of the Department of Defense; 
or 
"(2) competitive procedures for competitions among private 
and public sector entities. 
"(b) SCOPE.—Subsection (a) applies to any depot-level mainte-
nance or repair workload that has a value of not less than 
$3,000,000 and is being performed by a depot-level activity of the 
Department of Defense. 
"(c) INAPPLICABILITY OF O M B CIRCULAR A-76.—Office 
of 
Management and Budget Circular A-76 (or any successor adminis-
trative regulation or policy) does not apply to a performance change 
to which subsection (a) applies.". 
SEC. 339. SALE OF ARTICLES AND SERVICES OF INDUSTRIAL FACILI-
TIES OF THE ARMED FORCES TO PERSONS OUTSIDE THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—(1) Subchapter II of chapter 152 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
^'§2553. Articles and services of industrial facilities: sale to 
persons outside the Department of Defense 
"(a) AUTHORITY TO SELL OUTSIDE DOD.—(1) The Secretary 
of Defense may sell in accordance with this section to a person 
outside the Department of Defense articles and services referred 
to in paragraph (2) that are not available from any United States 
commercial source. 
"(2)(A) Except as provided in subparagraph (B), articles and 
services referred to in paragraph (1) are articles and services that 
Eire manufactured or performed by any working-capital funded 
industrial facility of the armed forces. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2719 
"(B) The authority in this section does not apply to sales of 
articles and services by a working-capital funded Army industrial 
facility (including a Department of the Army arsenal) that manufac-
tures large caliber cannons, gun mounts, recoil mechanisms, 
ammunition, munitions, or components thereof, which are governed 
by regulations required by section 4543 of this title. 
"(b) DESIGNATION OF PARTICIPATING INDUSTRIAL FACILITIES.— 
The Secretary may designate facilities referred to in subsection 
(a) as the facilities from which articles and services manufactured 
or performed by such facilities may be sold under this section. 
"(c) CONDITIONS FOR SALES.—^A sale of articles or services may 
be made under this section only if— 
"(1) the Secretary of Defense determines that the articles 
or services are not available from a commercial source in the 
United States; 
"(2) the purchaser agrees to hold harmless and indemnify 
the United States, except in any case of willful misconduct 
or gross negligence, from any claim for damages or injury 
to any person or property arising out of the articles or services; 
"(3) the articles or services can be substantially manufac-
tured or performed by the industrial facility concerned with 
only incidental subcontracting; 
"(4) it is in the public interest to manufacture the articles 
or perform the services; 
"(5) the Secretary determines that the sale of the articles 
or services will not interfere with the military mission of the 
industrial facility concerned; and 
"(6) the sale of the goods and services is made on the 
basis that it will not interfere with performance of work by 
the industrial facility concerned for the Department of Defense. 
"(d) METHODS OF SALE.—(1) The Secretary shall permit a pur-
chaser of articles or services under this section to use advance 
incremental funding to pay for the articles or services. 
"(2) In the sale of articles and services under this section, 
the Secretary shall— 
"(A) charge the purchaser, at a minimum, the variable 
costs, capital improvement costs, £ind equipment depreciation 
costs that are associated with the articles or services sold; 
"(B) enter into a firm, fixed-price contract or, if agreed 
by the purchaser, a cost reimbursement contract for the sale; 
and 
"(C) develop and maintain (from sources other than appro-
priated fimds) working capital to be available for paying design 
costs, planning costs, procurement costs, and other costs associ-
ated with the articles or services sold. 
"(e) DEPOSIT OF PROCEEDS.—Proceeds from sales of articles 
and services under this section shall be credited to the funds, 
including working capital funds and operation and maintenance 
funds, incurring the costs of manufacture or performance. 
"(f) 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. 
"(g) DEFINITIONS.—In this section: 
108 STAT. 2720 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(1) The term 'advance incremental funding*, with respect 
to a sale of articles or services, means a series of partial 
pajTnents for the articles or services that includes— 
"(A) one or more partial 
payments 
before 
the 
commencement of work or the incurring of costs in connec-
tion with the manufacture of the articles or the perform-
ance of the services, as the case may be; and 
"(B) subsequent progress payments that result in full 
payment being completed as the required work is being 
completed. 
"(2) 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 subchapter 
is amended by adding at the end the following new item: 
"2553. Articles and services of industrial facilities: sale to persons outside the De-
partment of Defense.". 
10 use 2553 
(b) EFFECTIVE DATE.—Section 2553 of title 10, United States 
"°*®- 
Code, as added by subsection (a), shall take effect on April 1, 
1995. 
Subtitle E—Civilian Employees 
SEC. 341. EXTENSION OF CERTAIN TRANSITION ASSISTANCE AUTHORI-
TIES. 
(a) REDUCTION-IN-FORCE NOTIFICATION REQUIREMENTS.—Sec-
tion 4433(b)(2) of the Defense Conversion, Reinvestment, and 
Transition Assistance Act of 1992 (division D of Public Law 102-
484; 106 Stat. 2722; 5 U.S.C. 3502 note) is amended by striking 
out "February 1, 1998" and inserting in ueu thereof "February 
1, 2000". 
(b) SEPARATION PAY.—(1) Section 5597(e) of title 5, United 
States Code, is amended by striking out "September 30, 1997" 
and inserting in lieu thereof "September 30, 1999". 
(2) Section 4436(d)(2) of the Defense Conversion, Reinvestment, 
and Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is 
amended by striking out "January 1, 1998" and inserting in lieu 
thereof "January 1, 2000". 
(c) RESTORATION OF CERTAIN LEAVE.—Section 6304(d)(3) of title 
5, United States Code, is amended by striking out "the closure 
of an installation" and inserting in lieu thereof "the closure of 
an installation of the Department of Defense pursuant to the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXDC of Pubhc Law 101-510; 10 U.S.C. 2687 note) during 
any period, and the closure of any other installation". 
(d) CONTINUED HEALTH BENEFITS.—Section 8905a(d)(4)(B) of 
title 5, United States Code, is amended— 
(1) by striking out "October 1, 1997" each place it appears 
and inserting in lieu thereof "October 1, 1999"; and 
(2) in clause (ii), by striking out "February 1, 1998," and 
inserting in lieu thereof "February 1, 2000,". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2721 
SEC. 342. EXTENSION AND EXPANSION OF AUTHORITY TO CONDUCT 
PERSONNEL DEMONSTRATION PROJECTS. 
(a) CHINA LAKE DEMONSTRATION PROJECT.—(1) Section 6 of 
the Civil Service Miscellaneous Amendments Act of 1983 (Public 
Law 98-224; 98 Stat. 49) is amended by striking out "imtil Septem-
ber 30,1995,". 
(2) In the event of a reorganization of the organization carrying 
out the personnel demonstration project referred to in section 6 
of such Act, such section shall apply with respect to the successor 
to that organization. 
(b) 
DEFENSE 
LABORATORIES 
PERSONNEL 
DEMONSTRATION 
PROJECTS.—(1) The Secretary of Defense may, with the approval 
of the Director of the Office of Personnel Management, carry out 
personnel demonstration projects at Department of Defense labora-
tories designated by the Secretsiry as Department of Defense science 
and technology reinvention laboratories. 
(2)(A) Each personnel demonstration project carried out under 
the authority of paragraph (1) shall be generally similar in nature 
to the China Lake demonstration project. 
(B) For purposes of subparagraph (A), the China Lake dem-
onstration project is the demonstration project that is authorized 
by section 6 of the Civil Service Miscellaneous Amendments Act 
of 1983 to be continued at the Naval Weapons Center, China 
Lake, California, and at the Naval Ocean Systems Center, San 
Diego, California. 
(3) If the Secretary carries out a demonstration project at 
a laboratory pursuant to paragraph (1), section 4703 of title 5, 
United States Code, shall apply to the demonstration project, except 
that— 
(A) subsection (d) of such section 4703 shall not apply 
to the demonstration project; and 
(B) the authority of the Secretary to carry out the dem-
onstration project is that which is provided in paragraph (1) 
rather than the authority which is provided in such section 
4703. 
SEC. 343. LIMITATION ON PAYMENT OF SEVERANCE PAY TO CERTAIN 
EMPLOYEES TRANSFERRING 
TO EMPLOYMENT 
POSI-
TIONS IN NONAPPROPRIATED 
FUND 
INSTRUMENTAL-
ITIES. 
(a) IN GENERAL.—Section 5595 of title 5, United States Code, 
is amended by adding at the end the following: 
"(h)(1) Severance pay under this section may not be paid to— 
"(A) a person described in paragraph (4)(A) diiring any 
period in which the person is employed in a 
defense 
nonappropriated fund instrumentality; or 
"(B) a person described in paragraph (4)(B) during £iny 
period in which the person is employed in a Coast Guard 
nonappropriated fiind instrumentality. 
"(2)(A) Except as provided in subparagraph (B), payment of 
severance pay to a person referred to in paragraph (1) may be 
resumed upon any involuntary separation of the person from the 
position of emplo3anent in a nonappropriated fund instrumentality, 
not by removal for cause on charges of misconduct, delinquency, 
or inefficiency. 
"(B) Payment of seversince pay may not be resumed under 
subparagraph (A) in the case of a person who, upon separation, 
108 STAT. 2722 
PUBLIC LAW 103-337—OCT. 5, 1994 
is entitled to immediate pa3nnent of retired or retainer pay as 
a member or former member of the uniformed services or to an 
immediate annuity under— 
"(i) a retirement system for persons retiring from employ-
ment by a nonappropriated fund instrumentality; 
"(ii) subchapter III of chapter 83 of this title; 
"(iii) subchapter II of chapter 84 of this title; or 
"(iv) any other retirement system of the Federal Govern-
ment for persons retiring from emplo)niient with the Federal 
Government. 
"(3) Upon resumption of pa5niient of severance pay under para-
graph (2)(A) in the case of a person separated as described in 
such paragraph, the amount of the severance pay so payable for 
a period shall be reduced (but not below zero) by the portion 
(if any) of the amount of any severance pay payable for such 
period to the person by the nonappropriated fund instrumentality 
that is attributable to credit for service taken into account under 
subsection (c) in the computation of the amount of the severance 
pay so resumed. 
"(4) Paragraph (1) applies to a person who, on or after January 
1, 1987, moves without a break in service— 
"(A) from emplojonent in the Department of Defense that 
is not employment in a defense 
nonappropriated 
fund 
instrumentality to employment in a defense nonappropriated 
fiind instrumentality; or 
"(B) from employment in the Coast Guard that is not 
employment in a Coast Guard nonappropriated fiind instrumen-
tality to employment in a Coast Guard nonappropriated fund 
instrumentality. 
Regulations. 
"(5) The Secretary of Defense, in consultation with the Secretary 
of Transportation, shall prescribe regulations to carry out this sub-
section. 
"(6) In this subsection: 
"(A) The term 'defense nonappropriated fund instrumental-
ity* means a nonappropriated fund instrumentality of the 
Department of Defense. 
"(B) The term 
'Coast 
Guard 
nonappropriated 
fund 
instrumentality means a nonappropriated fund instrumentality 
of the Coast Guard. 
"(C) The term 'nonappropriated fund instrumentality* 
means a nonappropriated fund instrumentality described in 
section 2105(c) of this title.". 
5 use 5595 note. 
(b) APPLICABILITY.—Subsection (h) of section 5595 of title 5, 
United States Code, as added by subsection (a), shall apply with 
respect to pay periods that begin on or after the date of the enact-
ment of this Act. 
SEC. 
344. RETIREMENT 
CREDIT 
FOR CERTAIN 
SERVICE 
IN 
NONAPPROPRIATED FUND INSTRUMENTALITIES BEFORE 
JANUARY 1,1987. 
(a) STUDY REQUIRED.—The Secretary of Defense, in consultation 
with the Director of the Office of Personnel Management, shall 
conduct a study to determine the level of interest among employees 
referred to in subsection (b) in obtaining credit under the Civil 
Service Retirement System or the Federal Employees' Retirement 
System for former service described in such subsection as an 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2723 
employee of a nonappropriated fund instrumentality of the United 
States, 
(b) EMPLOYEES CONCERNED.—The employees referred to in sub-
section (a) are employees of the Department of Defense who, for 
at least 12 months during the period beginning on January 1, 
1966, and ending on December 31, 1986, performed service as 
an employee described in section 2105(c) of title 5, United States 
Code, conducting a program described in section 8332(b)(16)(A) 
of such title. 
(c) CONDUCT OF STUDY.—In carr3dng out the study imder sub-
section (a), the Secretary shall— 
(1) provide an opportunity for all employees referred to 
in that subsection to express interest in obtaining retirement 
credit for the former service in a nonappropriated 
fund 
instrumentality of the United States; and 
(2) inform such employees that deposits to the Civil Service 
Retirement and Disability Fund would be required of the 
interested employees under section 8334(c) of title 5, United 
States Code, or section 8411(f) of such title. 
(d) REPORT.—Not later than February 1, 1995, the Secretary 
shall submit to Congress a report on the results of the study 
required by subsection (a). The report shall contain the following: 
(1) An analysis of the issues, including existing legal rights 
of the employees referred to in subsection (b) under the Civil 
Service Retirement System or the Federal Employees' Retire-
ment System. 
(2) A description of the inequities, if any, that may have 
been 
caused 
by 
conversion 
from 
employment 
by 
nonappropriated fund instrumentalities of the United States 
to employment by the Department of Defense. 
(3) The number of full-time and part-time employees 
referred to in subsection (b) who are affected by any inequities 
described in paragraph (2). 
(4) The recommendations of the Secretary, if any, for 
redressing any inequities described in paragraph (2). 
(5) An assessment of the cost to the Federal Government 
of any recommendation referred to in paragraph (4). 
SEC. 345. TRAVEL, TRANSPORTATION, AND RELOCATION EXPENSES 
OF EMPLOYEES TRANSFERRING TO THE UNITED STATES 
POSTAL SERVICE. 
(a) IN GENERAL.—(1) Subchapter II of chapter 57 of title 5, 
United States Code, is amended by adding at the end the following: 
"§5735. Travel, transportation, and relocation expenses of 
employees transferring to the United 
States 
Postal Service 
"(a) IN GENERAL.—Notwithstanding any other provision of law, 
employees of the Department of Defense described in subsection 
(b) may be authorized travel, transportation, and relocation 
expenses and allowances in connection with appointments referred 
to in such subsection under the same conditions and to the same 
extent authorized by this subchapter for transferred employees. 
"(b) 
COVERED EMPLOYEES.—Subsection (a) applies to 
any 
employee of the Department of Defense who— 
"(1) is scheduled for separation from the Department, other 
than for cause; 
108 STAT. 2724 
PUBT JC LAW 103-337—OCT. 5, 1994 
"(2) is selected for appointment to a continuing position 
with the United States Postal Service; and 
"(3) accepts the appointment.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 5734 the 
following new item: 
"5735. Travel, transportation, and relocation expenses of employees transferring to 
the United States Postal Sf rvice.". 
5 use 5735 note. 
(b) APPLICABILITY.—The amendments made by subsection (a) 
shall apply to persons separated from employment with the Depart-
ment of Defense on or after the date of the enactment of this 
Act. 
SEC. 346. FOREIGN EMPLOYEES COVERED BY THE FOREIGN NATIONAL 
EMPLOYEES SEPARATION PAY ACCOUNT. 
Section 1581 of title 10, United States Code, is amended— 
(1) by striking out "foreign national employees of the 
Department of Defense" each place it appears in subsections 
(a) and (b) and inserting in lieu thereof "foreign nationals 
referred to in subsection (e)"; and 
(2) by striking out subsection (e) and inserting in lieu 
thereof the following: 
"(e) EMPLOYEES COVERED.—This section applies only with 
respect to separation pay of foreign nationals employed by the 
Department of Defense, and foreign nationals employed by a foreign 
government for the benefit of the Department of Defense, imder 
any of the following agreements that provide for pa3anent of separa-
tion pay: 
"(1) A contract. 
"(2) A treaty. 
"(3) A memorandum of understanding with a foreign 
nation.". 
SEC. 347. REPORT ON CONVERSION OF CERTAIN POSITIONS TO 
PERFORMANCE BY DEPARTMENT OF DEFENSE EMPLOY-
EES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In order to ensure an optimum level of availability 
of members of the Armed Forces for assignment to combat 
units, it is the policy of the Department of Defense to assign 
employees of the Department of Defense to replace military 
personnel in Department of Defense positions to which assign-
ment of military personnel can no longer be justified under 
current circumstances. 
(2) Assignment of employees of the Department of Defense 
to such positions can provide valuable continuity for the 
performance of many missions of the Department while enhanc-
ing the readiness and military capability of the Armed Forces. 
(3) During the Persian Gulf War, employees of the Depart-
ment of Defense, employees of other Federal agencies, and 
employees of civilian contractors, by their distinguished service 
in the theater of operations, demonstrated the valuable con-
tributions that civilian personnel can make to the performance 
of Department of Defense fiinctions. 
(4) The performance of Department of Defense fiinctions 
by employees of the Department is often less costly than the 
performance of those functions by military personnel. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2725 
(5) The percentage of certain support positions that are 
filled by employees of the Department of Defense varies signifi-
cantly among the military departments. 
(6) The Secretary of Defense is reviewing the extent to 
which employees of the Department of Defense should replace 
military personnel in Department of Defense positions. 
(b) REQUIREMENT FOR REPORT.—Not later than April 30, 1995, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on 
the efforts of the Secretary— 
(1) to identify positions in the Department of Defense to 
which continued assignment of military personnel is no longer 
justified under current circumstances; and 
(2) to assign employees of the Department of Defense to 
replace military personnel in those positions. 
(c) CONTENT OF REPORT.—The report required by subsection 
(b) shall contain the following: 
(1) The number of positions identified by the Secretary, 
including the positions in which employees of the Department 
of Defense have replaced military personnel and the positions 
to which employees of the Department of Defense are planned 
to be assigned to replace military personnel. 
(2) The cost of carrying out the planned changes in assign-
ments. 
(3) A discussion of the effects of such changes on workforce 
restructuring plans of the Department. 
(4) A discussion of the efforts of the Secretary to encourage 
within the Department of Defense the assignment of employees 
of the Department to replace military personnel. 
(5) An explanation of the justifications for maintaining 
variances in excess of 20 percent among the military depart-
ments in the percentage of support positions common to two 
or more military departments that are filled by employees 
of the Department of Defense rather than military personnel. 
SEC. 348. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM. 
10 USC 1597 
(a) AUTHORITY.—The Secretary of Defense may establish a pilot 
program for the payment of incentives in accordance with this 
section to facilitate the reemployment of eligible employees of the 
Department of Defense whose employment with the Department 
is being terminated by reason of the closure or realignment of 
the military installations where such persons are employed. Under 
the pilot program, the Secretary may pay retraining and relocation 
incentives to encourage non-Federal employers to hire and retain 
such employees. 
(b) ELIGIBLE EMPLOYEES.—For purposes of this section, an 
eligible employee is an employee of the Department of Defense, 
serving under an appointment without time limitation, who has 
been employed by the Department of Defense for a continuous 
period of at least 12 months and who has been given notice of 
separation pursuant to a reduction in force, except that such term 
does not include— 
(1) a reemployed annuitant under subchapter III of chapter 
83 of title 5, United States Code, chapter 84 of such title, 
or another retirement system for employees of the Government; 
(2) an employee who, upon separation from Federal service, 
is eligible for an immediate annuity under subchapter III of 
108 STAT. 2726 
PUBLIC LAW 103-337—OCT. 5, 1994 
chapter 83 of title 5, United States Code, or subchapter II 
of chapter 84 of such title; or 
(3) an employee who is eligible for disability retirement 
under £iny of the retirement systems referred to in paragraph 
(1). 
(c) RETRAINING INCENTIVE.—(1) Under the pilot program, the 
Secretary may enter into an agreement with a non-Federal employer 
imder which the non-Federal employer agrees— 
(A) to employ a person referred to in subsection (a) for 
at least 12 months for a salary which is mutually agreeable 
to the employer and such person; and 
(B) to certify to the Secretary the cost incurred by the 
employer for any necessary training provided to such person 
in connection with the employment by that employer. 
(2) The Secretary shall pay a retraining incentive to the non-
Federal employer upon the employee's completion of 12 months 
of continuous employment by that employer. Subject to subsection 
(f), the Secretary shall prescribe the amount of the incentive. 
(3) The Secretary shall pay a prorated amount of the full 
retraining incentive to the non-Federal employer for an employee 
who does not remain employed by the non-Federal employer for 
at least 12 months. 
(4) In no event may the amount of the retraining incentive 
paid for the training of any one person under the pilot program 
exceed the amount certified for that person under paragraph (1). 
(d) RELOCATION INCENTIVE.—The Secretary may pay a reloca-
tion incentive to an eligible employee if it is necessary for the 
employee to relocate in order to commence employment with a 
non-Federal employer under the pilot program. Subject to subsection 
(f), the amount of the incentive shall be equal to the total amount 
authorized to be paid for travel, transportation, and subsistence 
expenses under subchapter II of chapter 57 of title 5, United States 
Code, including the reimbursements authorized under section 5724b 
of such title, to a Federal employee being transferred between 
the same locations as the person paid the incentive. 
(e) APPROVAL OF SECRETARY OF DEFENSE.—The Secretary of 
a military department or the head of a Defense Agency may offer 
an incentive under the pilot program with the prior approved of 
the Secretary of Defense or pursuant to a delegation of authority 
by the Secretary of Defense. 
(f) LIMITATION.—The total amount of incentives paid in the 
case of a person under the pilot program may not exceed $10,000. 
(g) DURATION.—No incentive may be paid under the pilot pro-
gram for training or relocations commenced after September 30, 
1999. 
(h) DEFINITIONS.—In this section: 
(1) The term "non-Federal employer" means an employer 
that is not an Executive agency, as defined in section 105 
of title 5, United States Code, or the legislative or judicial 
branch of the Federal Government. 
(2) The term "Defense Agenc/' has the meaning given 
such term in section lOKaXll) of title 10, United States Code. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2727 
SEC. 349. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES 10 USC 1587 
OF THE DEPARTMENT OF DEFENSE ASSIGNED TO "
o
*
® 
NONAPPROPRIATED FUND INSTRUMENTALITIES. 
(a) IN GENERAL.—Not later than October 1, 1995, the Secretary 
of Defense shall take such steps as may be necessary to provide 
a uniform health benefits program for employees of the Department 
of Defense assigned to a nonappropriated fund instrumentality of 
the Department. 
(b) PROGRESS REPORT.—Not later than March 15, 1995, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on 
the progress made by the Secretary in implementing subsection 
(a). 
Subtitle F—^Department of Defense Domes-
tic and Overseas Dependents' Schools 
SEC. 351. 
REAUTHORIZATION 
OF 
DEPARTMENT 
OF 
DEFENSE 
DOMES-
TIC ELEMENTARY AND SECONDARY SCHOOLS FOR 
DEPENDENTS. 
(a) CONTINUED AUTHORITY.—Chapter 108 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
^'§2164. 
Department 
of 
Defense 
domestic 
dependent 
elementary and secondary schools 
"(a) AUTHORITY OF SECRETARY.—If the Secretary of Defense 
makes a determination that appropriate educational programs are 
not available through a local educational agency for dependents 
of members of the armed forces and dependents of civilian employ-
ees of the Federal Government residing on a military installation 
in the United States (including territories, commonwealths, £ind 
possessions of the United States), the Secretary may enter into 
arrangements to provide for the elementary or secondary education 
of the dependents of such members of the armed forces and, to 
the extent authorized in subsection (c), the dependents of such 
civilian employees. The Secretary may, at the discretion of the 
Secretary, permit dependents of members of the armed forces and, 
to the ejctent provided in subsection (c), dependents of civilian 
employees of the Federal Government residing in a territory, 
commonwealth, or possession of the United States but not on a 
military installation, to enroll in an educational program provided 
by the Secretary pursuant to this subsection. 
"(b) FACTORS FOR SECRETARY TO CONSIDER.—(1) Factors to 
be considered by the Secret£iry of Defense in making a determina-
tion under subsection (a) shall include the following: 
"(A) The extent to which such dependents are eligible for 
free public education in the local area adjacent to the military 
installation. 
"(B) The extent to which the local educational agency is 
able to provide an appropriate educational program for such 
dependents. 
"(2) For purposes of paragraph (1)(B), an appropriate edu-
cational program is a program that, as determined by the Secretary, 
108 STAT. 2728 
PUBLIC LAW 103-337—OCT. 5, 1994 
is comparable to a program of free public education provided for 
; children by the following local educational agencies: 
"(A) In the case of a military installation located in a 
State (other than an installation referred to in subparagraph 
(B)), local educational agencies in the State that are similar 
to the local educational agency referred to in paragraph (1)(B). 
"(B) In the case of a military installation with boundaries 
contiguous to two or more States, local educational agencies 
in the contiguous States that are similar to the local educational 
agency referred to in paragraph (1)(B). 
"(C) In the case of a military installation located in a 
territory, commonwealth, or possession, the District of Colum-
bia public schools, except that an educational program deter-
mined comparable under this subparagraph may be considered 
appropriate for the purposes of paragraph (1)(B) only if the 
program is conducted in the English language. 
"(c) 
ELIGIBILITY OF DEPENDENTS OF FEDERAL EMPLOYEES.— 
(1) A dependent of a Federal employee residing in permanent living 
quarters on a military installation at any time during the school 
year may enroll in an educational program provided by the Sec-
retary of Defense pursuant to subsection (a) for dependents residing 
on such installation. 
"(2)(A) Except as provided in subparagraphs (B) and (C), a 
dependent of a Federal employee who is enrolled in an educational 
program provided by the Secretary pursuant to subsection (a) and 
who is not residing on a military installation may be enrolled 
in the program for not more than five consecutive school years. 
"(B) A dependent referred to in subparagraph (A) may be 
enrolled in the program for more than five consecutive school years 
if the Secretary determines that, in the interest of the dependent's 
educational well-being, there is good cause to extend the enrollment 
for more than the five-year period described in such subparagraph. 
Any such extension may be made for only one school year at 
a time. 
"(C) Subparagraph (A) shall not apply to an individual who 
is a dependent of a Federal employee in the excepted service (as 
defined in section 2103 of title 5) and who is enrolled in an edu-
cational program provided by the Secretary pursuant to subsection 
(a) in Puerto Rico, Wake Island, Guam, American Samoa, the North-
em Mariana Islands, or the Virgin Islands. 
"(3) A dependent of a Federal employee may continue enroll-
ment in a program under this subsection for the remainder of 
a school year notwithstanding a change during such school year 
in the status of the Federal employee that, except for this para-
graph, would otherwise terminate the eligibility of the dependent 
to be enrolled in the program. The preceding sentence does not 
limit the authority of the Secretary to remove the dependent from 
enrollment in the program at any time for good cause determined 
by the Secretary. 
"(d) SCHOOL BOARDS.—(1) The Secretary of Defense shall pro-
vide for the establishment of a school board for Department of 
Defense elementary and secondary schools established at each mili-
tary installation under this section. 
"(2) The school board shall be composed of the number of 
members, not fewer than three, prescribed by the Secretary. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2729 
"(3) The parents of the students attending the school shall 
elect the school board in accordance with procedures which the 
Secretary shall prescribe. 
"(4)(A) A school board elected for a school under this subsection 
may participate in the development and oversight of fiscal, person-
nel, eind educational poUcies, procedures, and progrsims for the 
school, except that the Secretary may issue any directive that 
the Secretary considers necessary for the effective operation of 
the school or the entire school system. 
"(B) A directive referred to in subparagraph (A) shall, to the 
maximum extent practicable, be issued only after the Secretary 
consults with the appropriate school boards elected under this sub-
section. The Secretary shall establish a process by which a school 
bo£ird or school administrative officials may formally appeal the 
directive to the Secretary of Defense. 
"(5) Meetings conducted by the school board shall be open 
to the public, except as provided in paragraph (6). 
"(6) A school board need not comply with the provisions of 
the Federal Advisory Committee Act (5 U.S.C. App.), but may 
close meetings in accordance with such Act. 
"(e) ADMINISTRATION AND STAFF.—(1) The Secretary of Defense 
may enter into such arrangements as may be necessary to provide 
educational programs at the school. 
"(2) The Secretary may, without regard to the provisions of 
any other law relating to the number, classification, or compensation 
of employees— 
"(A) establish positions for civilian employees in schools 
established under this section; 
"(B) appoint individuals to such positions; and 
"(C) fix the compensation of such individuals for service 
in such positions. 
"(3)(A) Except as provided in subparagraph (B), in fixing the 
compensation of employees appointed for a school pursuant to para-
graph (2), the Secretary shall consider— 
"(i) the compensation of comparable employees of the local 
educational agency in the capital of the State where the military 
installation is located; 
"(ii) the compensation of comparable employees in the local 
educational agency that provides public education to students 
who reside adjacent to the military installation; and 
"(iii) the average compensation for simileir positions in not 
more than three other local educational agencies in the State 
in which the military installation is located. 
"(B) In fixing the compensation of employees in schools estab-
lished in the territories, commonwealths, and possessions pursuant 
to the authority of this section, the Secretary shall determine the 
level of compensation required to attract qualified employees. For 
employees in such schools, the Secretary, without regard to the 
provisions of title 5, may provide for the tenure, leave, hours of 
work, and other incidents of employment to be similar to that 
provided for comparable positions in the public schools of the Dis-
trict of Columbia. For purposes of the first sentence, a school 
established before the effective date of this section pursuant to 
authority similar to the authority in this section shall be considered 
to have been established pursuant to the authority of this section. 
"(f) SUBSTANTIVE AND PROCEDURAL RIGHTS AND PROTECTIONS 
FOR CHILDREN.—(1) The Secretary shall provide the following sub-
108 STAT. 2730 
PUBLIC LAW 103-337—OCT. 5, 1994 
10 u s e 2164 
note. 
stantive rights, protections, and procedural safeguards (including 
due process procedures) in the educational programs provided for 
under this section: 
"(A) In the case of children with disabilities aged 3 to 
5, inclusive, all substantive rights, protections, and procedural 
safeguards (including due process procedures) available to chil-
dren with disabilities aged 3 to 5, inclusive, under part B 
of the Individuals with Disabilities Education Act (20 U.S.C. 
1411 et seq.). 
"(B) In the case of infants and toddlers with disabilities, 
all substantive rights, protections, and procedural safeguards 
(including due process procedures) available to infants and 
toddlers with disabilities under part H of such Act (20 U.S.C. 
1471 et seq.). 
"(C) In the case of all other children with disabilities, 
all substantive rights, protections, and procedural safeguards 
(including due process procedures) available to children with 
disabilities who are 3 to 5 years old under part B of such 
Act. 
"(2) Paragraph (1) may not be construed as diminishing for 
children with disabilities enrolled in day educational programs pro-
vided for under this section the extent of substantive rights, protec-
tions, and procedural safeguards that were available under section 
6(a) of PubUc Law 81-874 (20 U.S.C. 241(a)) to children with 
disabilities as of October 7,1991. 
"(3) In this subsection: 
"(A) The term 'children with disabilities' has the meaning 
given the term in section 602(a)(1) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401(a)(1)). 
"(B) The term 'children with disabilities aged 3 to 5, inclu-
sive' means such term as used in such Act (20 U.S.C. 1400 
et seq.). 
"(C) The term 'infants and toddlers with disabilities' has 
the meaning given the term in section 672(1) of such Act 
(20 U.S.C. 1472(1)). 
"(g) REIMBURSEMENT.—When the Secretary of Defense provides 
educational services under this section to £in individual who is 
a dependent of an employee of a Federal agency outside the Depart-
ment of Defense, the head of the other Federal agency shall, upon 
request of the Secretary of Defense, reimburse the Secretary for 
those services at rates routinely prescribed by the Secretary for 
those services. Any payments received by the Secretary under this 
subsection shall be credited to the account designated by the Sec-
retary for the operation of educational programs under this sec-
tion.". 
(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: 
"2164. Department of Defense domestic dependent elementary and secondary 
schools.". 
(c) SAVINGS PROVISION.—Nothing in section 2164 of title 10, 
United States Code, as added by subsection (a), shall be construed 
as affecting the rights in existence on the date of the enactment 
of this Act of an employee of any school established under such 
section (or any other provision of law enacted before the date 
of the enactment of this Act that established a similar school) 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2731 
to negotiate or bargain collectively with the Secretary with respect 
to wages, hours, and other terms and conditions of employment. 
SEC. 352. REPORT ON CALCULATION AND RECOVERY OF TUITION 
COSTS OF CERTAIN STUDENTS ENROLLED IN SCHOOLS 
OF THE DEFENSE DEPENDENTS' EDUCATION SYSTEM. 
(a) REPORT.—Not later than March 31, 1995, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives and the Committee 
on Education and Labor of the House of Representatives a report 
on the calculation and application of the tuition rate required to 
be determined under section 1404(b) of the Defense Dependents' 
Education Act of 1978 (20 U.S.C. 923(b)). 
(b) CONTENTS OF REPORT.—^The report required by subsection 
(a) shall contain the following: 
(1) A description of— 
(A) the costs included in the tuition rate; 
(B) the method by which the tuition rate is determined; 
and 
(C) the method by which any increase in the tuition 
rate is determined. 
(2) An analysis of— 
(A) the variation in the cost of providing educational 
services in the defense dependents' education system in 
different geographic locations; and 
(B) the extent to which the imposition of a uniform 
tuition rate enables the system to receive adequate funds 
to defray the cost of providing educational services to tui-
tion-paying students. 
(3) Recommendations of the Secretary with respect to 
improvements that may be made in the determination and 
application of the tuition rate. 
SEC. 353. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT OF 
DEFENSE DOMESTIC ELEMENTARY AND SECONDARY 
SCHOOLS. 
(a) AUTHORITY.—Section 2605 of title 10, United States Code, 
is amended— 
(1) by striking out "the defense dependents' education sys-
tem provided for under the Defense Dependents' Education 
Act of 1978 (20 U.S.C. 921 et seq.)" in subsection (a) and 
inserting in lieu thereof "a defense dependents' school"; and 
(2) by striking out "the defense dependent's education sys-
tem" in subsection (b) and inserting in lieu thereof "defense 
dependents' schools". 
(b) DEFINITION.—Such section is further amended by adding 
at the end the following new subsection: 
"(g) In this section, the term 'defense dependents' school' meems 
the following: 
"(1) A school established as part of the defense dependents' 
education system provided for under the Defense Dependents' 
Education Act of 1978 (20 U.S.C. 921 et seq.). 
"(2) An elementary or secondary school established pursu-
ant to section 2164 of this title.". 
(c) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
79-194 0 - 9 5 - 4 : QL 3 Part 4 
108 STAT. 2732 
PUBLIC LAW 103-337—OCT. 5, 1994 
"§ 2605. Acceptance of gifts for defense dependents' schools". 
(2) 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: 
"2605. Acceptance of gifts for defense dependents' schools.". 
SEC. 354. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENE-
FIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 
(a) AVAILABILITY OF FUNDS.—Of the amounts authorized to 
be appropriated in section 301(5)— 
(1) $50,000,000 shall be available for providing educational 
agencies assistance (as defined in subsection (c)(1)) to local 
educational agencies; and 
(2) $8,000,000 shall be available for making educational 
agencies payments (as defined in subsection (c)(2)) to local 
educational agencies. 
(b) NOTIFICATION AND DISBURSAL.—(1) Not later than June 
30,1995— 
(A) the Secretary of Defense shall notify each local edu-
cational agency that is eligible for educational agencies assist-
ance for fiscal year 1995 of that agency's eligibility for such 
assistance and the amount of such assistance for which that 
agency is eligible; and 
(B) the Secretary of Education shall notify each local edu-
cational agency that is eligible for an educational agencies 
pa3rment for fiscal year 1995 of that agency's eligibility for 
such payment and the amount of the payment for which that 
agency is eligible. 
(2) The Secretary of Defense (with respect to funds made avail-
able under subsection (a)(1)) and the Secretary of Education (with 
respect to funds made available under subsection (a)(2)) shall dis-
burse such funds not later than 30 days after the date on which 
notification to the eligible local education agencies is provided 
pursuEint to paragraph (1). 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "educational agencies assistance" means 
assistance authorized under subsection (b) of section 386 of 
the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2395; 20 U.S.C. 238 note). 
(2) The term "educational agencies pa3niients" means pay-
ments authorized under subsection (d) of that section. 
Subtitle G—Reviews, Studies, and Reports 
SEC. 361. 
REPORTS ON TRANSFERS OF CERTAIN OPERATION AND 
MAINTENANCE 
FUNDS. 
(a) ANNUAL REPORTS.—In each of 1995, 1996, and 1997, 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 the following: 
(1) Each transfer of amounts provided in an appropriation 
Act to the Department of Defense for the activities referred 
to in subsection (c) between appropriations during the preceding 
fiscal year, including the reason for the transfer. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2733 
(2) Each transfer of amounts provided in an appropriation 
Act to the Department of Defense for an activity referred to 
in subsection (c) within that appropriation for any other such 
activity during the preceding fiscal year, including the reason 
for the transfer. 
(b) MIDYEAR REPORTS.—On May 1 of each of 1995, 1996, and 
1997, the Secretary of Defense shall submit to the congressional 
defense committees a report on the following: 
(1) Each transfer during the first six months of the fiscal 
year in which the report is submitted of amounts provided 
in an appropriation Act to the Department of Defense for the 
activities referred to in subsection (c) between appropriations, 
including the reason for the transfer. 
(2) Each transfer during the first six months of the fiscal 
year in which the report is submitted of amounts provided 
in an appropriation Act to the Department of Defense for an 
activity referred to in subsection (c) within that appropriation 
for any other such activity, including the reason for the transfer. 
(c) COVERED ACTIVITIES.—The activities referred to in sub-
sections (a) and (b) are the following: 
(1) Activities for which amounts are appropriated for the 
Army for operation and maintenance for operating forces for 
(A) combat units, (B) tactical support, (C) force-related training/ 
special activities, (D) depot maintenance, and (E) JCS exercises. 
(2) Activities for which amounts are appropriated for the 
Navy for operation and maintenance for operating forces for 
(A) mission and other flight operations, (B) mission and other 
ship operations, (C) fleet air training, (D) ship operational 
support and training, (E) aircraft depot maintenance, and (F) 
ship depot maintenance. 
(3) Activities for which amounts are appropriated for the 
Air Force for operation and maintenance for operating forces 
for (A) primary combat forces, (B) primary combat weapons, 
(C) global and early warning, (D) air operations training, (E) 
depot maintenance, and (F) JCS exercises. 
(d) REPEAL.—Section 377 of the National Defense Authorization 
Act for Fiscal Year 1994 (PubUc Law 103-160; 107 Stat. 1638) 
is hereby repealed. 
SEC. 362. REVIEW AND REPORT ON USE OF OPERATION AND MAINTE-
NANCE FUNDS BY THE DEPARTMENT OF DEFENSE. 
(a) REVIEW.—The Secretary of Defense shall review all oper-
ation and maintenance accounts of the Department of Defense 
to determine the extent to which funds appropriated to those 
accounts are used for an activity for which funds have been appro-
priated to, or are more appropriately made available from, accounts 
of the Department for procurement, research, development, test, 
and evaluation, or military construction. 
(b) REPORT.—Not later than March 31, 1995, the Secretary 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the results of the review 
conducted under subsection (a). 
SEC. 363. COST COMPARISON STUDIES FOR 
CONTRACTS FOR 
ADVISORY AND ASSISTANCE SERVICES. 
(a) IN GENERAL.—(1) Chapter 141 of title 10, United States 
Code, is amended by adding at the end the following new section: 
108 STAT. 2734 
PUBLIC LAW 103-337—OCT. 5, 1994 
"§24101. Contracts for advisory and assistance services: cost 
comparison studies 
"(a) REQUIREMENT.—(1)(A) Before the Secretary of Defense 
enters into a contract described in subparagraph (B), the Secretary 
shall determine whether Department of Defense personnel have 
the capability to perform the services proposed to be covered by 
the contract. 
"(B) Subparagraph (A) applies to any contract of the Depart-
ment of Defense for advisory and assistance services that is expected 
to have a value in excess of $100,000. 
"(2) If the Secretary determines that Department of Defense 
personnel have the capability to perform the services to be covered 
by the contract, the Secretary shall conduct a study comparing 
the cost of performing the services with Department of Defense 
personnel and the cost of performing the services with contractor 
personnel. 
"(b) WAIVER.—The Secretary of Defense may, pursuant to guide-
lines prescribed by the Secretary, waive the requirement to perform 
a cost comparison study under subsection (a)(2) based on factors 
that are not related to cost.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"24101. Contracts for advisory and assistance services: cost comparison studies.". 
10 use 2410/ 
(b) PROCEDURES FOR CONDUCT O F STUDIES.—The Secretary of 
"°*®' 
Defense shall prescribe the following procedures: 
(1) Procedures for carrying out a cost comparison study 
under subsection (a)(2) of section 24101 of title 10, United 
States Code, as added by subsection (a), which may contain 
a requirement that the cost comparison study include consider-
ation of factors that are not related to cost, including the 
quality of the service required to be performed, the availability 
of Department of Defense personnel, the duration and recurring 
nature of the services to be performed, and the consistency 
of the workload. 
(2) Procedures for reviewing contracts entered into after 
a waiver under subsection (b) of such section to determine 
whether the contract is justified and sufficiently documented. 
10 use 2410/ 
(c) EFFECTIVE DATE.—Section 24101 of title 10, United States 
"°*®- 
Code, as added by subsection (a), shall take effect 180 days after 
the date of the enactment of this Act. 
SEC. 364. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST 
GROWTH IN CERTAIN CONTRACTS. 
(a) REVIEW.—The Inspector General of the Department of 
Defense shall carry out a review of a representative sample of 
existing contracts for the performance of commercial activities which 
resulted from a cost comparison study conducted by the Department 
of Defense under Office of Management and Budget Circular A-
76 (or any successor administrative regulation or policy) to deter-
mine the extent to which the cost incurred by a contractor under 
any such contract has exceeded the cost of the contract at the 
time the contract was entered into. 
(b) REPORT.—Not later than April 1, 1995, the Inspector Gen-
eral shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report containing the results 
of the review carried out under subsection (a). 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2735 
Subtitle H—Other Matters 
SEC. 371. ARMED FORCES RETIREMENT HOME. 
(a) INCREASED MAXIMUM LIMITATION ON DEDUCTIONS FROM 
PAY.—Section 1007(i)(l) of title 37, United States Code, is amended 
by striking out "50 cents" and inserting in lieu thereof "$1.00". 
(b) MODIFICATION OF FEES PAID BY RESIDENTS.—(1) Paragraph 
(2) of section 1514(c) of the Armed Forces Retirement Home Act 
of 1991 (24 U.S.C. 414(c)) is amended to read as follows: 
"(2) The fee shall be fixed as a percentage of the monthly 
income and monthly payments (including Federal pajnnents) 
received by a resident, subject to such adjustments in the fee 
as the Retirement Home Board may make under paragraph (1). 
The percentage shall be the same for each establishment of the 
Retirement Home.". 
(2)(A) Subsections (d) and (e) of section 1514 of such Act are 
repealed. 
(B) Such section is further amended by adding after subsection 
(c) the following new subsection (d): 
"(d) APPLICATION OF FEES.—Subject to such adjustments in 
the fee as the Retirement Home Board may make under subsection 
(c), each resident of the Retirement Home shall be required to 
pay a monthly fee equal to the amount determined by multipl3ang 
the total amount of all monthly income and monthly pa5nnents 
(including Federal pajrments) received by the resident by a percent-
age as follows: 
"(1) In the case of a permanent health care resident— 
"(A) in fiscal year 1998, 35 percent; 
"(B) in fiscal year 1999, 45 percent; and 
"(C) in fiscal year 2000, 65 percent. 
"(2) In the case of a resident who is not a permanent 
health care resident— 
"(A) in fiscal year 1998, 30 percent; 
"(B) in fiscal year 1999, 35 percent; and 
"(C) in fiscal year 2000, 40 percent.". 
(c) MODERNIZATION OF FACILITIES.—(1) The Chairman of the 24 use 416 note. 
Armed Forces Retirement Home Board shall carry out a study 
to identify and evaluate alternatives for modernization of the facili-
ties at the United States Soldiers' and Airmen's Home. 
(2) The Chairman shall submit an interim report and a final Reports, 
report on the results of the study to the Committees on Armed 
Services of the Senate and House of Representatives. The Chairman 
shall submit the interim report not later than April 1, 1995, and 
the final report not later than December 31, 1995. 
(d) EFFECTIVE DATES.~(1) The amendment made by subsection 37 use 1007 
(a) shall take effect on January 1, 1995, and apply to years that "°*®-
begin on or after that date. 
(2) The amendments made by subsection (b) shall take effect 
24 USC 414 note, 
on October 1,1997. 
SEC. 372. LIMITATION ON USE OF APPROPRIATED FUNDS FOR OPER-
ATION OF ARMED FORCES RECREATION 
CENTER, 
EUROPE. 
(a) LIMITATION.—Subchapter I of chapter 134 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
108 STAT. 2736 
PUBLIC LAW 103-337—OCT. 5, 1994 
''§2247. Use of appropriated funds for operation of Armed 
Forces Recreation Center, Europe: limitation 
"(a) LIMITATION.—Except as provided in subsection (b), funds 
appropriated to the Department of Defense may not be used to 
operate the Armed Forces Recreation Center, Europe. 
"(b) EXCEPTION.—Subsection (a) does not apply to the use of 
funds for the payment of utilities, real property maintenance, and 
transportation of products made in the United States.". 
(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: 
"2247. Use of appropriated funds for operation of Armed Forces Recreation Center, 
Europe: limitation.". 
SEC. 373. LIMITATION ON RETENTION OF MORALE, WELFARE, AND 
RECREATION FUNDS BY MILITARY INSTALLATIONS. 
(a) LIMITATION.—Chapter 131 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§2219. Retention of morale, welfare, and recreation funds 
by military installations: limitation 
"Amounts may not be retained in a nonappropriated morale, 
welfare, and recreation account of a military installation of a mili-
tary department in excess of the amount necessary to meet cash 
requirements of that installation. Amounts in excess of that amount 
shall be transferred to a single, department-wide nonappropriated 
morale, welfare, and recreation account of the military depart-
ment.". 
(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: 
"2219. Retention of morale, welfare, and recreation funds by military installations: 
limitation.". 
SEC. 374. SHIPS'STORES. 
(a) EXTENSION OF DEADLINE FOR CONVERSION.—Section 371(a) 
of the National Defense Authorization Act for Fiscal Year 1994 
(Pubhc Law 103-160; 107 Stat. 1634; 10 U.S.C. 7604 note) is 
amended by striking out "October 1, 1994" and inserting in lieu 
thereof "December 31, 1995". 
(b) MODIFICATION OF EFFECTIVE DATE.—Section 371(d) of such 
Act is amended by striking out "shall take effect on the date 
on which the Secretary of the Navy completes the conversion 
referred to in subsection (a)" and inserting in lieu thereof "shall 
take effect on October 1, 1994". 
SEC. 375. OPERATION OF MILITARY EXCHANGE AND COMMISSARY 
STORE AT NAVAL AIR STATION FORT WORTH, JOINT 
RESERVE CENTER, CARSWELL FIELD. 
The Secretary of Defense shall provide for the operation by 
the Army and i^r Force Exchange Service, until December 31, 
1995, of any military exchange and commissary store located at 
the Naval Air Station Fort Worth, Joint Reserve Center, Carswell 
Field. 
SEC. 3
7
6
. DISPOSITION OF PROCEEDS FROM OPERATION OF THE 
NAVAL 
ACADEMY 
LAUNDRY. 
Section 6971 of title 10, United States Code, is amended— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2737 
(1) in subsection (a)— 
(A) by striking out "(a)"; and 
(B) in the first sentence, by striking out "and the 
Academy dairy" and inserting in Heu thereof "the Academy 
dairy, and the Academy laundry"; and 
(2) by striking out subsection (b). 
SEC. 377. AUTHORITY TO ISSUE MILITARY IDENTIFICATION CARDS 
10 USC 10154 
TO SO-CALLED HONORARY RETIREES OF THE NAVAL AND 
note. 
MARINE CORPS RESERVES. 
(a) AUTHORITY.—The Secretary of the Navy may issue a miU-
tary identification card to a member of the Retired Reserve 
described in subsection (b). 
(b) COVERED MEMBERS.—^A member of the Retired Reserve 
referred to in subsection (a) is a member of the Naval Reserve 
or Marine Corps Reserve who transferred to the Retired Reserve 
under section 274(2) of title 10, United States Code, without having 
completed the years of service required under section 1331(a)(2) 
of such title for eligibility for retired pay under chapter 67 of 
such title. 
(c) EFFECT ON COMMISSARY AND EXCHANGE BENEFITS.—The 
issuEince of a military identification card under subsection (a) to 
a member of the Retired Reserve does not confer eligibility for 
commissary and exchange benefits on that member. 
(d) LIMITATION ON COLOR AND FORMAT.—The Secretary shall 
ensure that the color and format in which a military identification 
card is issued under subsection (a) is not similar to the color 
and format in which a military identification card is issued by 
the Department of Defense to individuals other than members 
described in subsection (b). 
SEC. 378. REPEAL OF ANNUAL LIMITATION ON EXPENDITURES FOR 
EMERGENCY AND EXTRAORDINARY EXPENSES OF THE 
DEPARTMENT OF DEFENSE INSPECTOR GENERAL. 
Section 127(c) of title 10, United States Code, is amended— 
(1) by striking out "(1)" after "(c)"; and 
(2) by striking out paragraph (2). 
SEC. 379. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF DEFENSE 
PROPERTY TO EDUCATIONAL INSTITUTIONS AND TRAIN-
ING SCHOOLS. 
(a) AUTHORITY TO TRANSFER.—Subparagraph (G) of section 
2535(b)(1) of title 10, United States Code, is amended to read 
as follows: 
"(G) 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, authorize the transfer to a 
nonprofit educational institution or training school, on a 
nonreimbursable basis, of any such property already in the 
possession of such institution or school whenever the program 
proposed by such institution or school for the use of such 
property is in the public interest.". 
(b) TREATMENT OF PROPERTY LOANED BEFORE DECEMBER 31, lo use 2535 
1993.—Except for property determined by the Secretary of Defense 
"°^-
to be needed by the Department of Defense, property loaned before 
December 31, 1993, to an educational institution or training school 
under section 2535(b) of title 10, United States Code, or section 
4(a)(7) of the Defense Industrial Reserve Act (as in effect before 
108 STAT. 2738 
PUBLIC LAW 103-337—OCT. 5, 1994 
October 23, 1992) shall be regarded as surplus property. Upon 
certification by the Secretary to the Administrator of General Serv-
ices that the property is being used by the borrowing educational 
institution or training school for a purpose consistent with that 
for which the property was loaned, the Administrator may authorize 
the conveyance of all right, title, and interest of the United States 
in such property to the borrower if the borrower agrees to accept 
the property. The Administrator may require any additional terms 
and conditions in connection with a conveyance so authorized that 
the Administrator considers appropriate to protect the interests 
of the United States. 
SEC. 
380. 
OPERATION 
OF 
OVERSEAS 
FACILITIES 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE 
BY 
UNITED 
STATES 
FIRMS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that, 
to the maximum extent practicable, the Secretary of Defense should 
give a preference to United States firms in the award of contracts 
to operate Department of Defense facilities not in the United States 
that provide goods and services to members of the Armed Forces 
and the dependents of such members. 
(b) DEFINITION.—In this section, the term "United States firm" 
has the meaning given such term in section 2532(d)(1) of title 
10, United States Code. 
10 use 113 note. SEC. 381. REQUIREMENTS FOR AUTOMATED INFORMATION SYSTEMS 
OF THE DEPARTMENT OF DEFENSE. 
(a) DETERMINATION REQUIRED.—(1) Not later than March 15 
in each of 1995, 1996, and 1997, the Secretary of Defense shall— 
(A) determine whether each automatea information system 
described in paragraph (2) meets the requirements set forth 
in subsection (b); and 
(B) take appropriate action to end the modernization or 
development by the Department of Defense of any such system 
that the Secretary determines does not meet such requirements. 
(2) An automated information system referred to in paragraph 
(1) is an automated information system— 
(A) that is imdergoing modernization or development by 
the Department of Defense; 
(B) that exceeds $50,000,000 in value; and 
(C) that is not a migration system, as determined by the 
Enterprise Integration Executive Board of the Department of 
Defense. 
(b) REQUIREMENTS.—The use of an automated information sys-
tem by the Department of Defense shall— 
(1) contribute to the achievement of Department of Defense 
strategies for the use of automated information systems; 
(2) as determined by the Secretary, provide £in acceptable 
benefit fi*om the investment in the system or make a substantial 
contribution to the performance of the defense mission for which 
the system is used; 
(3) 
comply 
with 
Department 
of Defense 
directives 
applicable to life cycle management of automated information 
systems; and 
(4) be based on guidance developed under subsection (c). 
(c) GUIDANCE FOR USE.—The Secretary of Defense shall develop 
guidance for the use of automated information systems by the 
Department of Defense. In developing the guidance, the Secretary 
shall consider the following: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2739 
(1) Directives of the Office of Managemeat and Budget 
applicable to returns of investment for such systems. 
(2) A sound, functional economic analysis. 
(3) Established objectives for the Department of Defense 
information infrastructure. 
(4) Migratory assessment criteria, including criteria under 
guidance provided by the Defense Information Systems Agency. 
(d) WAIVER.—(1) The Secretary of Defense may waive the 
requirements of subsection (a) for an automated information system 
if the Secretary determines that the purpose for which the system 
is being modernized or developed is of compelling military impor-
tance. 
(2) If the Secretary exercises the waiver authority provided 
in paragraph (1), the Secretary shall include the following in the 
next report required by subsection (f): 
(A) The reasons for the failure of the automated information 
system to meet all of the requirements of subsection (b). 
(B) A determination of whether the system is expected 
to meet such requirements in the future, and if so, the date 
by which the system is expected to meet the requirements. 
(e) PERFORMANCE MEASURES AND MANAGEMENT CONTROLS.— 
(1) The Secretary of Defense shall establish performance measures 
and management controls for the supervision £ind management 
of the activities described in paragraph (2). The performance meas-
ures and management controls shall be adequate to ensure, to 
the maximum extent practicable, that the Department of Defense 
receives the maximum benefit possible from the development, mod-
ernization, operation, and maintenguice of automated information 
systems. 
(2) The activities referred to in paragraph (1) are the following: 
(A) Accelerated implementation of migration systems. 
(B) Establishment of data standards. 
(C) Process improvement. 
(f) REPORTS.—Not later than March 15 in each of 1995, 1996, 
and 1997, the Secretary of Defense shall submit to Congress a 
report on the establishment and implementation of the performance 
measures and management controls referred to in subsection (e)(1). 
Each such report shall also specify— 
(1) the automated information systems that, as determined 
under subsection (a), meet the requirements of subsection (b); 
(2) the automated information systems that, as determined 
under subsection (a), do not meet the requirements of sub-
section (b) and the action taken by the Secretary to end the 
use of such systems; and 
(3) the automated information systems that, as determined 
by the Enterprise Integration Executive Board, are migration 
systems. 
(g) REVIEW BY COMPTROLLER GENERAL.—Not later than April Reports. 
30, 1995, the Comptroller General of the United States shall submit 
to Congress a report that contains an evaluation of the following: 
(1) The progress made by the Department of Defense in 
achieving the goals of the corporate information management 
program of the Department. 
(2) The progress made by the Secretary of Defense in 
establishing the performance measures and management con-
trols referred to in subsection (e)(1). 
108 STAT. 2740 
PUBLIC LAW 103-337—OCT. 5, 1994 
(3) The progress made by the Department of Defense in 
using automated information systems that meet the require-
ments of subsection (b). 
(4) The report required by subsection (f) to be submitted 
in 1995. 
(h) DEFINITIONS.—In this section: 
(1) The term "automated information system" means an 
automated information system of the Department of Defense 
described in the exhibits designated as "lT-43" in the budget 
submitted to Congress by the President for fiscal year 1995 
pursuant to section 1105 of title 31, United States Code. 
(2) The term "migration system" has the meaning given 
such term in the document entitled "Department of Defense 
Strategy for Acceleration of Migration Systems and Data Stand-
ards" attached to the memorandum of the Department of 
Defense dated October 13, 1993 (relating to accelerated 
implementation of migration systems, data standards, and proc-
ess improvement). 
SEC. 382. PROGRAM TO COMMEMORATE WORLD WAR U. 
(a) EXTENSION.—Section 378 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2387; 
10 use 113 note. 113 U.S.C. note) is amended by striking out "1995" in subsections 
(a) and (b) and inserting in lieu thereof "1996". 
(b) REPORT.—(1) Not later than March 31, 1995, the Executive 
Director of the 50th Anniversary of World War II Commemoration 
Committee established by the Department of Defense shall submit 
to the Secretary of Defense a report on the reimbursement of 
a person for expenses incurred by that person in providing voluntary 
support for activities and programs conducted under the commemo-
ration program referred to in section 378(a) of such Act. The report 
shall include the recommendations of the Committee on whether 
such reimbursement is appropriate, and if so, the extent of the 
reimbursement and the conditions upon which it should be provided. 
(2) Not later than 45 days after receiving the report referred 
to in paragraph (1), the Secretary of Defense shall submit the 
report to the Committees on Armed Services of the Senate and 
House of Representatives together with any comments of the Sec-
retary regarding that report. 
SEC. 383. ASSISTANCE TO RED CROSS FOR EMERGENCY COMMUNICA-
TIONS SERVICES FOR MEMBERS OF THE ARMED FORCES 
AND THEIR FAMILIES. 
(a) ASSISTANCE.—^The following amounts shall be available for 
obtaining emergency communications services for members of the 
Armed Forces and their families from the American National Red 
Cross: 
(1) For fiscal year 1995, $14,500,000 of the amount author-
ized to be appropriated in section 301(5). 
(2) For each of fiscal years 1996 and 1997, $14,500,000 
of the amount authorized to be appropriated for the Department 
of Defense for that fiscal year for operation said maintenance 
TOT* Tjp*fipTm^-A?Vlfl^ flpi'lVl^l^Q 
10 use 2602 
(b) REPORT.—Not later than November 30 in each of 1994, 
*^°*®- 
1995, and 1996, the Secretary of Defense shall submit to Congress 
a report on whether it is necessary for the Department of Defense 
to support the emergency communications services of the American 
National Red Cross in order to provide such services for members 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2741 
of the Armed Forces and their famiUes. The report shall include 
the following: 
(1) An estimate of the amount of funds necessary to provide 
such support. 
(2) A projection of the date upon which the American 
National Red Cross can assume full financial responsibility 
for providing such emergency communications services. 
(3) An assessment of the alternatives available to the Sec-
retary for obtaining such emergency communications services, 
including the provision of such services by the Department 
of Defense. 
SEC. 384. CLARIFICATION OF AUTHORITY TO PROVIDE MEDICAL 
TRANSPORTATION UNDER NATIONAL GUARD PILOT PRO-
GRAM. 
Paragraph (1) of section 376(h) of the National Defense 
Authorization Act for Fiscal Year 1993 (32 U.S.C. 501 note) is 
amended to read as follows: 
"(1) The term Tiealth care' includes the following services: 
"(A) Medical care services. 
"(B) Dental care services. 
"(C) Transportation, by air ambulance or other meems, 
for medical reasons.". 
SEC. 385. NATIONAL GUARD ASSISTANCE FOR CERTAIN YOUTH AND 
CHARITABLE ORGANIZATIONS. 
(a) AUTHORITY To PROVIDE ASSISTANCE.—Chapter 5 of title 
32, United States Code, is amended by adding at the end the 
following: 
*'§ 508. Assistance for certain youth and charitable organiza-
tions 
"(a) AUTHORITY TO PROVIDE SERVICES.—Members and units 
of the National Guard may provide the services described in sub-
section (b) to £in eligible organization in conjunction with training 
required under this chapter in any case in which— 
"(1) the provision of such services does not adversely affect 
the quality of that training or otherwise interfere with the 
ability of a member or unit of the National Guard to perform 
the military functions of the member or unit; 
"(2) the services to be provided are not commercially avail-
able, or any commercial entity that would otherwise provide 
such services has approved, in writing, the provision of such 
services by the National Guard; 
"(3) National Guard personnel will enhance their military 
skills as a result of providing such services; and 
"(4) the provision of the services will not result in a signifi-
cant increase in the cost of the training. 
"(b) AUTHORIZED SERVICES.—The services authorized to be pro-
vided under subsection (a) are as follows: 
"(1) Ground transportation. 
"(2) Air transportation in support of Special Olympics. 
"(3) Administrative support services. 
"(4) Technical training services. 
"(5) Emergency medical assistance and services. 
"(6) Communications services. 
"(c) OTHER AUTHORIZED ASSISTANCE.—Facilities and equipment 
of the National Guard, including military property of the United 
108 STAT. 2742 
PUBLIC LAW 103-337—OCT. 5, 1994 
States issued to the National Guard and General Services Adminis-
tration vehicles leased to the National Guard, and General Services 
Administration vehicles leased to the Department of Defense, may 
be used in connection with providing services to any eligible 
organization under this section. 
"(d) ELIGIBLE ORGANIZATIONS.—The organizations ehgible to 
receive services under this section are as follows: 
"(1) The Boy Scouts of America. 
"(2) The Girl Scouts of America. 
"(3) The Boys Clubs of America. 
"(4) The Girls Clubs of America. 
"(5) The Young Men's Christian Association. 
"(6) The Young Women's Christian Association. 
"(7) The Civil Air Patrol. 
"(8) The United States Ol5nnpic Committee. 
"(9) The Special Olympics. 
"(10) The Campfire Boys. 
"(11) The Campfire Girls. 
"(12) The 4-H Club. 
"(13) The Police Athletic League. 
"(14) Any other youth or charitable organization designated 
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: 
"508. Assistance for certain youth and charitable organizations.". 
SEC. 386. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS. 
(a) DEMONSTRATION PROJECT FOR USE OF PROCEEDS FROM THE 
SALE OF CERTAIN PROPERTY.—(1) Section 343(d)(1) of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public 
Law 102-190; 105 Stat. 1344) is amended by striking out "terminate 
on December 5, 1994" and inserting in lieu thereof "terminate 
on December 5, 1995". 
(2) Section 343(e) of such Act is amended by striking out "Feb-
ruary 3, 1995" and inserting in lieu thereof "February 3, 1996". 
(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, 1994" and inserting in lieu thereof 
"September 30, 1995". 
(c) AUTHORITY OF BASE COMMANDERS OVER CONTRACTING FOR 
CoMMERCLVL ACTIVITIES.—Section 2468(f) of title 10, United States 
Code, is amended by striking out "September 30, 1994" and insert-
ing in lieu thereof "September 30,1995". 
SEC. 387. PROCUREMENT OF PORTABLE VENTILATORS FOR THE 
DEFENSE MEDICAL FACILITY OFFICE, FORT DETRICK, 
MARYLAND. 
Of the funds authorized to be appropriated by section 301(5), 
$2,500,000 shall be available for the procurement of portable ven-
tilators for the Defense Medical Facility Office, Fort Detrick, Mary-
land. 
PUBLIC LAW 103-337-OCT. 5, 1994 
108 STAT. 2743 
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, 1995, as follows: 
(1) The Army, 510,000. 
(2) The Navy, 441,641. 
(3) The Marine Corps, 174,000. 
(4) The Air Force, 400,051. 
SEC. 402. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS 10 USC 523 note. 
FOR ARMY MAJORS AND LIEUTENANT COLONELS. 
(a) VARIATION AUTHORIZED.—In the administration of the 
limitation under section 523(a)(1) of title 10, United States Code, 
for fiscal years 1995 through 1997, the numbers applicable to offi-
cers of the Army serving on active duty in the grades of major 
£ind lieutenant colonel shall be the numbers set forth for that 
fiscal year in subsection (b) (rather than the numbers determined 
in accordance with the table in that section). 
(b) NUMBERS FOR FISCAL YEARS 1995 
THROUGH 1997.—The 
numbers referred to in subsection (a) eire as follows: 
Number of officers who may be 
serving on active duty in the 
Fiscal year: 
^^^^ 
°^-
M^or 
Lieutenant colo-
nel 
1995 
12,603 
8,506 
1996 
12,870 
8,646 
1997 
12,870 
8,646. 
SEC. 403. EXTENSION OF TEMPORARY VARIATION OF END STRENGTH 
LIMITATIONS 
FOR 
MARINE 
CORPS 
MAJORS 
AND 
LIEUTENANT COLONELS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 402 
of the National Defense Authorization Act for Fiscal Year 1994 
(Public Law 103-160; 107 Stat. 1639; 10 U.S.C. 523 note) is amend-
ed by striking out "and 1995" and inserting in lieu thereof "through 
1997". 
(b) LIMITATION.—The table in subsection (b) of such section 
is amended to read as follows: 
Number of officers who may be 
serving on active duty in the 
"Fiscal year: 
^^^^ °^-
M^or 
Lieutenant colo-
1994 
3,023 
1,578 
1995 
3,157 
1,634 
108 STAT. 2744 
PUBLIC LAW 103-337—OCT. 5, 1994 
Number of officers who may be 
serving on active duty in the 
"Fiscal year: 
^^^^ 
°^-
Major 
Lieutenant colo-
nel 
1996 
3,157 
1,634 
1997 
3,157 
1,634.". 
(c) CLERICAL AMENDMENT.—The caption of subsection (b) of 
such section is amended by striking out "AND 1995.—" and inserting 
in Heu thereof "THROUGH 1997.—". 
SEC. 404. INCREASE IN AUTHORIZED STRENGTH FOR MARINE CORPS 
GENERAL OFFICERS ON ACTIVE DUTY AFTER FISCAL 
YEAR 1995. 
Section 526(a)(4) of title 10, United States Code, is amended 
by striking out "before October 1, 1995," and all that follows through 
"that date". 
SEC. 405. MANAGEMENT OF SENIOR GENERAL AND FLAG OFFICER 
POSITIONS. 
(a) IN GENERAL.—Section 525(b) of title 10, United States Code, 
is amended by adding at the end the following new paragraph: 
"(5)(A) An officer while serving in a position specified in section 
604(b) of this title, if serving in the grade of general or admiral, 
is in addition to the number that would otherwise be permitted 
for that officer's armed force for officers serving on active duty 
in grades above major general or rear admiral, as the case may 
be, under the first sentence of paragraph (1) or (2), as applicable. 
"(B) Subparagraph (A) does not apply in the case of an officer 
serving in such a position if the Secretary of Defense, when consider-
ing officers for recommendation to the President for appointment 
to fill the vacancy in that position which was filled by that officer, 
did not have a recommendation for that appointment from each 
Secretary of a military department who (pursuant to section 604(a) 
of this title) was required to make such a recommendation. 
Sunset 
"(C) This paragraph shall cease to be effective at the end 
provision. 
of September 30, 1997.". 
(b) LIMITATION ON NUMBER OF 4-STAR POSITIONS.—(1) Chapter 
32 of such title is amended by adding at the end the following 
new section: 
"§528. Limitation on number of officers on active duty in 
grades of general and admiral 
"(a) LIMITATION.—The total number of officers on active duty 
after September 30, 1995, in the Army, Air Force, and Marine 
Corps in the grade of general and in the Navy in the grade of 
admiral may not exceed 32. 
"(b) EXCEPTIONS.—The limitation in subsection (a) does not 
apply in the case of an officer serving in the grade of general 
or admiral in a position that is specifically exempted by law from 
being counted for purposes of limitations by law on the total number 
of officers that may be on active duty in the grades of general 
and admiral or the number of officers that may be on active duty 
in that officer's armed force in the grade of general or admiral.". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2745 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"528. Limitation on number of officers on active duty in grades of general and admi-
ral.". 
(c) GREATER SERVICE COMPETITION FOR JOINT 4-STAR POSI-
TIONS.—(1) Chapter 35 of such title is amended by adding at the 
end the following new section: 
*
*
§ 604. Senior joint officer positions: recommendations to the 
Secretary of Defense 
"(a) JOINT 4-STAR OFFICER POSITIONS.—(1) Whenever a vacancy 
occurs, or is anticipated to occur, in a position specified in subsection 
( b ) -
"(A) the Secretary of Defense shall require the Secretary 
of the Army to submit the name of at least one Army officer, 
the Secretary of the Navy to submit the name of at least 
one Navy officer and the name of at least one Marine Corps 
officer, and the Secretary of the Air Force to submit the name 
of at least one Air Force officer for consideration by the Sec-
retary for recommendation to the President for appointment 
to that position; and 
"(B) the Chairman of the Joint Chiefs of Staff may submit 
to the Secretary of Defense the name of one or more officers 
(in addition to the officers whose names are submitted pursuant 
to subparagraph (A)) for consideration by the Secretary for 
recommendation to the President for appointment to that posi-
tion. 
"(2) Whenever the Secretaries of the military departments are 
required to submit the names of officers under paragraph (1)(A), 
the Chairman of the Joint Chiefs of Staff shall submit to the 
Secretary of Defense the Chairman's evaluation of the performance 
of each officer whose name is submitted under that paragraph 
(and of any officer whose name the Chairman submits to the Sec-
retary under paragraph (1)(B) for consideration for the same 
vacancy). The Chairman's evaluation shall primarily consider the 
performance of the officer as a member of the Joint Staff and 
in other joint duty assignments, but may include consideration 
of other aspects of the officer's performance as the Chairmein consid-
ers appropriate. 
"(b) COVERED POSITIONS.—Subsection (a) applies to the follow-
ing positions: 
"(1) Commander of a combatant command. 
"(2) Commander, United States Forces, Korea. 
"(3) Deputy commander. United States European Com-
mand, but only if the commander of that command is also 
the Supreme Allied Commander, Europe. 
"(c) EXPIRATION.—This section shall cease to be effective at 
the end of September 30, 1997.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"604. Senior joint officer positions: recommendations to the Secretary of Defense.". 
(d) REPORT.—Not later than March 1, 1996, the Secretary of 10 USC 525 note. 
Defense shall submit to Congress a report on the implementation 
of the amendments made by this section. The report shall include 
an assessment of the effectiveness of those amendments in meeting 
the objective of encouraging more competition among all services 
108 STAT. 2746 
PUBLIC LAW 103-337—OCT. 5, 1994 
for appointment of officers to joint three-star and four-star positions. 
The report may include such additional recommendations concern-
ing general and flag officer selection policy as the Secretary consid-
ers appropriate. 
10 use 525 note. 
SEC. 406. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL 
ACADEMY FROM COUNTING TOWARD NUMBER OF SEN-
IOR ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY. 
The officer serving as Superintendent of the United States 
Naval Academy on the date of the enactment of this Act, while 
so serving, shall not be counted for purposes of the limitations 
contained in section 525(b)(2) of title 10, United States Code. 
Subtitle B—^Reserve Forces 
10 use 12001 
note. 
10 use 12001 
note. 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL,—^The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30,1995, as follows: 
(1) The Army National Guard of the United States, 400,000. 
(2) The Army Reserve, 242,000. 
(3) The Naval Reserve, 102,960 
(4) The Marine Corps Reserve, 42,000. 
(5) The Air National Guard of the United States, 115,581. 
(6) The Air Force Reserve, 78,706. 
(7) The Coast Guard Reserve, 8,000. 
(b) WAIVER AUTHORITY.—^The Secretary of Defense may increase 
the end strength authorized by subsection (a) by not more than 
2 percent. 
(c) ADJUSTMENTS.—The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve 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 
org£inized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for xmsatisfactoiy participation in training) without their 
consent at the end of the fiscal year. 
Whenever such imits 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. 
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, 1995, the following number of Reserves to be serving 
on full-time active duty or, in the case of members of the Nation^ 
Guard, full-time National Guard duty for the purpose of organizing, 
administering, recruiting, instructing, or training the reserve 
components: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2747 
(1) The Army National Guard of the United States, 23,650. 
(2) The Army Reserve, 11,940. 
(3) The Naval Reserve, 17,510. 
(4) The Marine Corps Reserve, 2,285. 
(5) The Air National Guard of the United States, 9,098. 
(6) The Air Force Reserve, 648. 
SEC. 413. DELAY IN INCREASE IN NUMBER OF ACTIVE COMPONENT 
10 USC 12001 
MEMBERS TO BE ASSIGNED FOR TRAINING COMPATIBIL- 
"ote. 
ITY WITH GUARD UNITS. 
Section 414(c) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (10 U.S.C. 261 note) is amended by 
striking out "September 30, 1994" and inserting in lieu thereof 
"September 30,1996". 
Subtitle C—Military Training Student 
Loads 
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS. 
(a) IN GENERAL.—For fiscal year 1995, the Armed Forces are 
authorized average military training student loads as follows: 
(1) The Army, 69,420. 
(2) The Navy, 43,064. 
(3) The Marine Corps, 25,377. 
(4) The Air Force, 36,840. 
(b) SCOPE.—The average military training student load author-
ized for an armed force under 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. 
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 military personnel for fiscal year 1995 a total 
of $70,938,597,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 1995. 
108 STAT. 2748 
PUBLIC LAW 103-337—OCT. 5, 1994 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
SEC. 501. CONSISTENCY OF WARRANT OFFICER PERSONNEL MANAGE-
MENT POLICIES WITH POLICIES APPLICABLE TO OTHER 
OFFICERS. 
(a) 
EXCEPTION FROM MANDATORY CONSIDERATION BY PRO-
MOTION BOARD.—Section 575(d) of title 10, United States Code, 
is amended by inserting "(except for a warrant officer precluded 
from consideration under regulations prescribed by the Secretary 
concerned under section 577 of this title)" after "under consider-
ation". 
(b) SECRETARIAL SUBMISSION OF PROMOTION BOARD REPORT.— 
Section 576(f)(1) of such title is amended by striking out the second 
sentence. 
(c) CERTAIN PROMOTION FORMALITIES DEEMED COMPLETED.— 
Section 578 of such title is amended by adding at the end the 
following new subsections: 
"(e) A warrant officer who is appointed to a higher grade 
under this section is considered to have accepted such appointment 
on the date on which the appointment is made unless the officer 
expressly declines the appointment. 
"(f) A warrant officer who has served continuously as an officer 
since subscribing to the oath of office prescribed in section 3331 
of title 5 is not required to take a new oath upon appointment 
to a higher grade under this section.". 
(d) CLARIFICATION OF WARRANT OFFICERS SUBJECT TO W O M A 
AUTHORITIES.—Section 582(2) of such title is amended by inserting 
before the period at the end the following: "(other than retired 
warrant officers who were recalled to active duty before February 
1, 1992, and have served continuously on active duty since that 
date)". 
SEC. 502. AUTHORITY FOR ORIGINAL REGULAR APPOINTMENTS OF 
NAVY AND MARINE CORPS LIMITED DUTY OFFICERS 
SERVING IN GRADES ABOVE PAY GRADE 0-3 UNDER TEM-
PORARY APPOINTMEIVTS. 
Section 5589 of title 10, United States Code, is amended— 
(1) by redesignating subsections (c), (d), (e), and (f) as 
subsections (d), (e), (f), and (g), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
"(c)(1) An officer described in paragraph (2) may be given an 
original appointment as a regular officer of the Navy or the Marine 
Corps, as the case may be, in the grade, and with the date of 
rank in that grade, in which the officer is serving on the day 
before such original appointment. 
"(2) This subsection applies to an officer of the Navy and 
Marine Corps who— 
"(A) is on the active-duty list; 
"(B) holds a permanent enlisted or warrant officer grade; 
"(C) is designated for limited duty under subsection (a) 
of section 5596 of this title; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2749 
"(D) is serving in the grade of lieutenant commander or 
commander, or in the grade of major or lieuten£int colonel, 
under a temporary appointment under subsection (d) of section 
5596 of this title.". 
SEC. 503. NAVY AND MARD^ CORPS LIMITED DUTY OFFICERS TWICE 
HAVING FAILED OF SELECTION FOR PROMOTION. 
(a) TREATMENT OF L D O S TWICE HAVING FAILED OF SELEC-
TION.—Section 6383 of title 10, United States Code, is amended— 
, 
(1) by redesignating subsections (g), (h), (i), and (j) as 
subsections (i), (j), (k), and (1), respectively; and 
(2) by striking out subsection (f) and inserting in lieu 
thereof the following: 
"(f) 18-YEAR RETIREMENT SANCTUARY.—If an officer subject to 
discharge under subsection (b), (d), or (e) is (as of the date on 
which the officer is to be discharged) not eligible for retirement 
under any provision of law but is within two years of qualifying 
for retirement under section 6323 of this title, the officer shall 
be retained on active duty as an officer designated for limited 
duty until becoming qualified for retirement under that section 
and shall then be retired under that section, unless the officer 
is sooner retired or discharged under another provision of law 
or the officer reverts to a warrant officer grade pursuant to sub-
section (h). 
"(g) 
REENLISTMENT FOR L D O S APPOINTED FROM 
ENLISTED 
GRADES.—(1) An officer subject to discharge under subsection (b), 
(d), or (e) who is described in paragraph (2) may, upon the officer's 
request and in the discretion of the Secretary of the Navy, be 
enlisted in a grade prescribed by the Secretary upon the officer's 
discharge pursuant to such subsection. 
"(2) An officer described in this paragraph is an officer who— 
"(A) is not eligible for retirement under any provision of 
law; 
"(B) is not covered by subsection (f); and 
"(C) was in an enlisted grade when first appointed as 
an officer designated for limited duty. 
"(h) 
REVERSION TO WARRANT 
OFFICER 
GRADE FOR L D O S 
APPOINTED FROM WARRANT OFFICER GRADES.—An officer subject 
to discharge under subsection (b), (d), or (e) (including an officer 
otherwise subject to retention under subsection (f)) who is not 
eligible for retirement under any provision of law and who had 
the permanent status of a warrant officer when first appointed 
as an officer designated for limited duty may, at the officer's option, 
revert to the warrant officer grade and status that the officer 
would hold if the officer had not been appointed as an officer 
designated for limited duty.". 
(b) CLARIFICATION OF OFFICERS SUBJECT TO SELECTIVE RETEN-
TION.—Subsection (k) of such section (as redesignated by subsection 
(a)(1)) is amended by striking out "or the discharge under subsection 
(d)" in the first sentence and inserting in lieu thereof "or the 
discharge under subsection (b) or (d)". 
(c) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a) by striking out "Except as provided 
in subsection (i)," each place it appears and inserting in lieu 
thereof "Except as provided in subsection (k),"; and 
108 STAT. 2750 
PUBLIC LAW 103-337—OCT. 5, 1994 
Regulations. 
Regulations. 
(2) in subsections (b) and (d), by striking out "Except as 
provided in subsection (i)," and inserting in lieu thereof "Except 
as provided in subsections (f) and (k),", 
(d) SUBSECTION HEADINGS.—Such section is further amended 
as follows: 
(1) Subsection (a) is amended by striking out "(a)(1)" and 
inserting in lieu thereof "(a) MANDATORY RETIREMENT.—(1)". 
(2) Subsection (b) is amended by inserting "LIEUTENANT 
COMMANDERS AND MAJORS WHO TWICE FAIL OF SELECTION 
FOR PROMOTION.—" after "(b)". 
(3) Subsection (c) is amended by inserting "RETIRED GRADE 
AND RETIRED PAY.—" after "(c)". 
(4) Subsection (d) is amended by inserting "NAVY LIEUTEN-
ANTS AND MARINE CORPS CAPTAINS WHO TWICE FAIL OF SELEC-
TION FOR PROMOTION.—" after "(d)". 
(5) Subsection (e) is amended by striking out "(e)(1)" and 
inserting in lieu thereof "(e) OFFICERS IN PAY GRADES 0-2 
AND 0 - 1 WHO TWICE FAIL OF SELECTION FOR PROMOTION OR 
ARE FOUND NOT QUALIFIED FOR PROMOTION.—(1)". 
(6) Subsection (i) (as redesignated by subsection (a)(1)) 
is amended by inserting "DETERMINATION OF GRADE AND STA-
TUS OF OFFICERS REVERTING TO PRIOR STATUS.—" after "(i)". 
(7) Subsection (j) (as redesignated by subsection (a)(1)) 
is amended by inserting "SEPARATION PAY FOR OFFICERS DIS-
CHARGED.—" after "(j)". 
(8) Subsection (k) (as redesignated by subsection (aXD) 
is amended by inserting "SELECTIVE RETENTION BOARDS FOR 
LDOs.—" after "(k)". 
(9) Subsection (1) (as redesignated by subsection (a)(1)) 
is amended by inserting "APPLICABILITY OF SECTION ONLY TO 
PERMANENT LDOs.—" after "(1)". 
SEC. 504. SELECTION FOR DESIGNATED JUDGE ADVOCATE GENERAL 
AND FLAG OFFICER POSITIONS. 
(a) ARMY.—Section 3037 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
"(d) Under regulations prescribed by the Secretary of Defense, 
the Secretary of the Army, in selecting an officer for recommenda-
tion to the President under subsection (a) for appointment as the 
Judge Advocate General or Assistant Judge Advocate General, shall 
ensure that the officer selected is recommended by a board of 
officers that, insofar as practicable, is subject to the procedures 
applicable to selection boards convened under chapter 36 of this 
title.". 
(b) NAVY AND MARINE CORPS.—(1) Section 5148 of such title 
is amended— 
(A) in subsection (b), by striking out the last sentence 
and inserting in lieu thereof the following: "If an officer 
appointed as the Judge Advocate General holds a lower regular 
grade, the officer shall be appointed in the regular grade of 
rear admiral or major general, as appropriate."; and 
(B) by striking out subsection (c) and inserting in lieu 
thereof the following: 
"(c) Under regulations prescribed by the Secretary of Defense, 
the Secretary of the Navy, in selecting an officer for recommendation 
to the President for appointment as the Judge Advocate General, 
shall ensure that the officer selected is recommended by a board 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2751 
of officers that, insofar as practicable, is subject to the procedures 
appUcable to selection boards convened under chapter 36 of this 
title.". 
(2) Section 5149(a) of such title is amended— 
10 USC 5149. 
(A) by inserting "(1)" after "(a)"; 
(B) by striking out the second and third sentences and 
inserting in lieu thereof the following: "If an officer appointed 
as the Deputy Judge Advocate General holds a lower regular 
grade, the officer shall be appointed in the regular grade of 
rear admiral or major general, as appropriate."; and 
(C) by adding at the end the following: 
"(2) Under regulations prescribed by the Secretary of Defense, Regulations, 
the Secretary of the Navy, in selecting an officer for recommendation 
to the President for appointment as the Deputy Judge Advocate 
General, shall ensure that the officer selected is recommended 
by a board of officers that, insofar as practicable, is subject to 
the procedures applicable to selection boards convened under chap-
ter 36 of this title.". 
(3) Section 5133 of such title is amended— 
(A) in subsection (a)— 
(i) by striking out "or the Judge Advocate General" 
in the first sentence; and 
(ii) by striking out the second sentence; and 
(B) in the first sentence of subsection (b)— 
(i) by striking out "or the Judge Advocate General" 
both places it appears; and 
(ii) by striking out "or major general, as appropriate". 
(4) Section 5046 of such title— 
(A) in subsection (a), by striking out the second sentence 
and inserting in lieu thereof the following: "If an officer 
appointed as the Staff Judge Advocate to the Commandant 
of the Marine Corps holds a lower regular grade, the officer 
shall be appointed in the regular grade of brigadier general."; 
and 
(B) by striking out subsection (b) and inserting in lieu 
thereof the following: 
"(b) Under regulations prescribed by the Secretary of Defense, Regulations, 
the Secretary of the Navy, in selecting an officer for recommendation 
to the President for appointment as the Staff Judge Advocate to 
the Commandant of the Marine Corps, shall ensure that the officer 
selected is recommended by a board of officers that, insofar as 
P
racticable, is subject to the procedures applicable to selection 
oards convened under chapter 36 of this title. . 
(5) The heading of section 5133, and the item relating to that 
section in the table of sections at the beginning of chapter 513 
of such title, are each amended by striking out the third through 
sixth words. 
(c) AIR FORCE.—Section 8037 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(e) Under regulations prescribed by the Secretary of Defense, Regulations, 
the Secretary of the Air Force, in selecting an officer for rec-
ommendation to the President under subsection (a) for appointment 
£is the Judge Advocate General or under subsection (d) for appoint-
ment as the Deputy Judge Advocate General, shall ensure that 
the officer selected is recommended by a board of officers that, 
insofar as practicable, is subject to the procedures applicable to 
selection boards convened under chapter 36 of this title.". 
108 STAT. 2752 
PUBLIC LAW 103-337—OCT. 5, 1994 
Subtitle B—Reserve Component Matters 
SEC. 511. INCREASED PERIOD OF ACTIVE DUTY FOR RESERVE FORCES 
MOBILIZED OTHER THAN DURING WAR OR NATIONAL 
EMERGENCY. 
(a) REVISION TO PERIOD OF ACTIVE DUTY.—Section 673b of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking out "90 days" and inserting 
in lieu thereof "270 days"; and 
(2) by striking out subsection (i). 
(b) REPORT REQUIRED.—(1) Not later than April 1, 1995, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the desirability of increasing the authority 
of the President to order units and members of the reserve compo-
nents to active duty without the consent of the members concerned. 
(2) The report shall include the following: 
(A) An analysis of options for increased presidential author-
ity. 
(B) An assessment of the effects of each option on recruit-
ing, retention, employer support for the reserve components, 
and the families of members of the reserve components. 
(C) Programs that the Secretary recommends to mitigate 
any negative effects. 
(D) Any option that the Secretary recommends. 
(E) Any proposed legislation that the Secretary considers 
necessary to implement any recommended option. 
SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON ACTIVE DUTY. 
Section 526 of title 10, United States Code, is amended by 
adding at the end the following new subsections: 
Reports. 
"(d) NOTICE TO CONGRESS UPON CHANGE IN GRADE FOR CERTAIN 
POSITIONS.—(1) Not later than 60 days before an action specified 
in paragraph (2) may become effective, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report providing notice of the 
intended action and an analytically based justification for the 
intended action. 
"(2) Paragraph (1) applies in the case of the following actions: 
"(A) A change in the grade authorized as of July 1, 1994, 
for a general officer position in the National Guard Bureau, 
a general or flag officer position in the Office of a Chief of 
a reserve component, or a general or flag officer position in 
the headquarters of a reserve component command. 
"(B) Assignment of a reserve component officer to a general 
officer position in the the National Guard Bureau, to a general 
or flag officer position in the Office of a Chief of a reserve 
component, or a general or flag officer position in the head-
quarters of a reserve component commeind in a grade other 
the grade authorized for that position as of July 1, 1994. 
"(C) Assignment of an officer other than a general or flag 
officer as the military executive to the Reserve Forces Policy 
Board. 
"(e) EXCLUSION OF CERTAIN OFFICERS.—The Hmitations of this 
section do not apply to a reserve component general or flag officer 
who is on active duty for training or who is on active duty under 
a call or order specifying a period of less than 180 days.". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2753 
SEC. 513. REVIEW OF OPPORTUNITIES FOR ORDERING INDIVIDUAL 
RESERVES TO ACTIVE DUTY WITH THEIR CONSENT. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall— 
(1) review the opportunities for individual members of the 
reserve components of the Armed Forces to be ordered to active 
duty, with the consent of the members concerned, during peace-
time in positions traditionally filled by active duty personnel; 
and 
(2) identify and remove any impediments, in regulations 
or other administrative rules, to increasing those opportunities. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report on the results of the review. The report shall contain— 
(1) a plgin for increasing the opportunities for individual 
members of the reserve components of the Armed Forces to 
be ordered to active duty, with the consent of the members 
concerned, during peacetime in positions traditionally filled 
by active duty personnel; and 
(2) a draft of any additional legislation that the Secretary 
considers necessary in order to increase those opportunities. 
SEC. 514. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY. 
Section 101(d) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (6) as paragraph (7); and 
(2) by inserting after paragraph (5) the following new para-
graph (6): 
"(6)(A) The term 'active Guard and Reserve duty* means 
active duty or full-time National Guard duty performed by 
a member of a reserve component of the Army, Navy, Air 
Force, or Marine Corps, or full-time National Guard duty per-
formed by a member of the National Guard, pursuant to an 
order to active duty or full-time National Guard duty for a 
period of 180 consecutive days or more for the purpose of 
organizing, administering, recruiting, instructing, or training 
the reserve components. 
"(B) Such term does not include the following: 
"(i) Duty performed as a member of the Reserve Forces 
Policy Board provided for under section 175 of this title, 
"(ii) Duty performed as a property and fiscal officer 
under section 708 of title 32. 
"(iii) Duty performed for the purpose of interdiction 
and counter-drug activities for which funds have been pro-
vided under section 112 of title 32. 
"(iv) Duty performed as a general or flag officer, 
"(v) Service as a State director of the Selective Service 
System under section 10(b)(2) of the Military Selective 
Service Act (50 U.S.C. App. 460(b)(2))/'. 
SEC. 515. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO TRANS-
FER OF RETIRED REGULAR ENLISTED MEMBERS TO 
RESERVE COMPONENTS. 
(a) ARMY.—Section 3914 of title 10, United States Code, is 
amended by striking out the second and third sentences. 
(b) AIR FORCE.—Section 8914 of such title is amended by strik-
ing out the second and third sentences. 
108 STAT. 2754 
PUBLIC LAW 103-337—OCT. 5, 1994 
10 use 3077 
note. 
10 use 1162 
note. 
SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF ACTIVE ARMY 
OFFICERS. 
Section 1111 of the Army National Guard Combat Readiness 
Reform Act of 1992 (title XI of Public Law 102-484; 106 Stat. 
2536) is amended by adding at the end the following new subsection: 
"(e) LIST OF CERTAIN SEPARATED OFFICERS.—On a semiannual 
basis, the Secretary of the Army shall furnish to the Chief of 
the National Guard Bureau a list containing the name, home of 
record, and last-known mailing address of each officer of the Army 
who during the previous six months was honorably separated from 
active duty in the grade of major or below.". 
SEC. 517. EARLY RESERVE RETIREMENT ELIGIBILITY FOR DISABLED 
MEMBERS OF SELECTED RESERVE. 
Section 1331a(c) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(3) Notwithstanding the provisions of section 4415(2) of the 
Defense Conversion Reinvestment, and Transition Assistance Act 
of 1992 (division D of Public Law 102-484; 106 Stat. 2714), the 
Secretary concerned may, consistent with the other provisions of 
this section, provide the notification required by section 1331(d) 
of this title to a member who no longer meets the qualifications 
for membership in the Selected Reserve solely because the member 
is unfit because of physical disability. Such notification may not 
be made if the disability is the result of the member's intentional 
misconduct, willful neglect, or willful failure to comply with stand-
ards and qualifications for retention established by the Secretary 
concerned or was incurred during a period of unauthorized 
absence.". 
SEC. 518. ANNUAL PAYMENTS FOR MEMBERS RETIRED UNDER GUARD 
AND RESERVE TRANSITION INITIATIVE. 
(a) ANNUAL PAYMENT FOR ONE TO FIVE YEARS.—Subsection 
(d) of section 4416 of the Defense Conversion, Reinvestment, and 
Transition Assistance Act of 1992 (division D of Public Law 102-
484; 10 U.S.C. 1162 note) is amended— 
(1) by striking out "for 5 years" and inserting in lieu 
thereof "for a period of years prescribed by the Secretary con-
cerned"; 
(2) by striking out "the 5-year period" and inserting in 
lieu thereof "that period"; and 
(3) by adding at the end the following: "A period prescribed 
for purposes of this subsection may not be less than one year 
nor more than five years.". 
(b) COMPUTATION OF ANNUAL PAYMENT.—Subsection (e) of such 
section is amended by adding at the end the following: 
"(3) In the case of a member who will attain 60 years of 
age during the 12-month period following the date on which an 
annual payment is due, the payment shall be paid on a prorated 
basis of one-twelfth of the annual pa3nnent for each full month 
between the date on which the payment is due £ind the date on 
which the member attains age 60.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall apply only to payments to a member of the Armed Forces 
under subsection (b) of section 4416 of the Defense Conversion, 
Reinvestment, £ind Transition Assistance Act of 1992 (division D 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2755 
of Public Law 102-484) that are granted by the Secretary of Defense 
to that member after the date of the enactment of this Act. 
SEC. 519. EDUCATIONAL REQUIREMENTS FOR APPOINTMENT IN 
RESERVE COMPONENTS IN GRADES ABOVE FIRST 
LIEUTENANT OR LIEUTENANT (JUNIOR GRADE). 
Section 596 of title 10, United States Code, is amended— 
(1) in subsection (a), by striking out "an accredited edu-
cational institution" and inserting in lieu thereof "a qualifying 
educational institution"; and 
(2) by adding at the end the following new subsection: 
"(c) QUALIFYING EDUCATIONAL INSTITUTIONS.—(1) A qualifying 
educational institution for purposes of this section is an educational 
institution that is accredited or that meets the requirements of 
paragraph (2). 
"(2)(A) An unaccredited educational institution shall be consid-
ered to be a qualifying educational institution for purposes of the 
appointment or recognition of a person who is a graduate of that 
institution if the Secretary concerned determines that (as of the 
year of the graduation of that person from that institution) at 
least three educational institutions that are accredited and that 
maintain Reserve Officers' Training Corps programs each generally 
grant baccalaureate degree credit for completion of courses of the 
unaccredited institution equivalent to the baccalaureate degree 
credit granted by the unaccredited institution for the completion 
of those courses. 
"(B) In order to assist the Secretary concerned in making deter-
minations under subparagraph (A), any unaccredited institution 
that seeks to be considered to be a qualifying educational institution 
for purposes of this paragraph shall submit to the Secretsiry of 
Defense each year such information as the Secretary may require 
concerning the program of instruction at that institution. 
"(C) In the case of a person with a degree from an unaccredited 
institution that is a qualifying educational institution under this 
paragraph, the degree may not have been awarded more than 
three years before the date on which the person is to be appointed 
to, or recognized in, the grade of captain or, in the case of the 
Naval Reserve, lieutenant, in order for that person to be considered 
for purposes of subsection (a) to have been awarded a baccalaureate 
degree by a qualifying educational institution.". 
SEC. 520. LIMITED EXCEPTION FOR ALASKA SCOUT OFFICERS FROM 
BACCALAUREATE DEGREE REQUIREMENT FOR APPOINT-
MENT AS OFFICER IN NATIONAL GUARD ABOVE FIRST 
LIEUTENANT. 
(a) IN GENERAL.—Subsection (b) of section 596 of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(5) Recognition in the grade of captain or major in the 
Alaska Army National Guard of a person who resides perma-
nently at a location in Alaska that is more than 50 miles 
from each of the cities of Anchorage, Fairbanks, and Juneau, 
Alaska, by paved road and who is serving in a Scout unit 
or a Scout supporting unit.". 
(b) CONFORMING STYLISTIC AMENDMENTS.—Such subsection is 
further amended by striking out "an individual" in paragraphs 
(2) and (3) and inserting in lieu thereof "a person". 
108 STAT. 2756 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 521. SENSE OF CONGRESS CONCERNING THE TRAINING AND MOD-
ERNIZATION OF THE RESERVE COMPONENTS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The force structure specified in the report resulting 
from the Bottom Up Review conducted by the Department 
of Defense during 1993 assumes increased reliance on the 
reserve components of the Armed Forces. 
(2) The mobilization of the reserve components for the 
Persian Gulf War was handicapped by shortfalls in training, 
readiness, and equipment. 
(3) The mobilization of the Army reserve components for 
the Persian Gulf War was handicapped by lack of a standard 
readiness evaluation system, which resulted in a lengthy 
reevaluation of training and equipment readiness of Army 
National Guard and Army Reserve units before they could 
be deployed. 
(4) Funding and scheduling constraints continue to limit 
the opportunity for combat units of the Army National Guard 
to carry out adequate maneuver training. 
(5) Funding constraints continue to handicap the readiness 
• 
and modernization of the reserve components and their inter-
operability with the active forces. 
(b) STANDARD EVALUATION SYSTEM.—It is the sense of Congress 
that the Secretary of Defense, with the advice and assistance of 
the Chairman of the Joint Chiefs of Staff, should establish— 
(1) a standard readiness evaluation system that is uniform 
for all forces within each military service; and 
(2) a standard readiness rating system that is uniform 
for the military departments. 
(c) MILITARY DEPARTMENT BUDGETS.—It is the sense of Con-
gress that the Secretary of Defense should assess the budget 
submission of each military department each year to determine 
(taking into consideration the advice of the Chairman of the Joint 
Chiefs of Staff) the extent to which National Guard and reserve 
units would, under that budget submission, be trained and modern-
ized to the standards needed for them to carry out the fiiU range 
of missions required of them under current Department of Defense 
plans. Based upon such assessment each year, the Secretary should 
adjust the budget submissions of the military departments as nec-
essary in order to meet the priorities established by the Secretary 
of Defense for the total force. 
Subtitle C—^Victims' Rights, Family Advo-
cacy, and Nondiscrimination Provisions 
SEC. 531. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS 
OF THE ARMED FORCES MAKING ALLEGATIONS OF SEX-
UAL HARASSMENT OR UNLAWFUL DISCRIMINATION. 
(a) IN GENERAL.—Subsection (b) of section 1034 of title 10, 
United States Code, is amended— 
(1) by inserting "(1)" before "No person may take"; 
(2) by designating the second sentence as paragraph (2) 
and in that sentence striking out "the preceding sentence" 
and inserting in lieu thereof "paragraph (1)"; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2757 
(3) in the first sentence, by striking out "or preparing" 
and all that follows through "may not be restricted." and insert-
ing in lieu thereof the following: "or preparing— 
"(A) a communication to a Member of Congress or an 
Inspector General that (under subsection (a)) may not be 
restricted; or 
"(B) a communication that is described in subsection (c)(2) 
and that is made (or prepared to be made) to— 
"(i) a Member of Congress; 
"(ii) an Inspector General (as defined in subsection 
m 
"(iii) a member of a Department of Defense audit, 
inspection, investigation, or law enforcement organization; 
or 
"(iv) any other person or organization (including any 
person or organization in the chain of command) designated 
pursuant to regulations or other established administrative 
procedures for such communications.". 
(b) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF 
PROHIBITED PERSONNEL ACTIONS.—Subsection (c) of such section 
is amended— 
(1) by adding at the end of paragraph (1) the following 
new sentence: "If, in the case of an allegation submitted to 
the Inspector General of the Department of Defense, the Inspec-
tor General delegates the conduct of the investigation of the 
allegation to the inspector general of one of the armed forces, 
the Inspector General of the Department of Defense shall 
ensure that the inspector general conducting the investigation 
is outside the immediate chain of command of both the member 
submitting the allegation and the individual or individuals 
alleged to have taken the retaliatory action."; 
(2) by striking out paragraph (2) and inserting in lieu 
thereof the following: 
"(2) A communication described in this paragraph is a commu-
nication in which a member of the armed forces complains of, 
or discloses information that the member reasonably believes con-
stitutes evidence of, any of the following: 
"(A) A violation of law or regulation, including a law or 
regulation prohibiting sexual harassment or unlawful discrimi-
nation. 
"(B) Mismanagement, a gross waste of funds, an abuse 
of authority, or a substantial and specific danger to public 
health or safety."; and 
(3) in the subsection heading, by striking out "CERTAIN 
ALLEGATIONS" and inserting in lieu thereof "ALLEGATIONS OF 
PROHIBITED PERSONNEL ACTIONS". 
(c) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF 
WRONGDOING.—Such section is further amended— 
(1) by redesignating subsections (d), (e), (f), (g), and (h) 
as subsections (f), (g), (h), (i), and (j), respectively; and 
(2) by striking out paragraph (4) of subsection (c) and 
inserting in lieu thereof the following: 
"(d) 
INSPECTOR 
GENERAL 
INVESTIGATION 
OF UNDERLYING 
ALLEGATIONS.—Upon receiving an allegation under subsection (c), 
the Inspector General shall conduct a separate investigation of 
the information that the member making the allegation believes 
constitutes evidence of wrongdoing (as described in subparagraph 
108 STAT. 2758 
PUBLIC LAW 103-337—OCT. 5, 1994 
(A) or (B) of subsection (c)(2)) if there previously has not been 
such an investigation or if the Inspector General determines that 
the original investigation was biased or otherwise inadequate.". 
(d) REPORTS ON INVESTIGATIONS.—Such section is 
further 
amended— 
(1) by striking out "(5) Not later than 30 days" and inserting 
in lieu thereof "(e) REPORTS ON INVESTIGATIONS.—(1) Not later 
than 30 days"; 
(2) in the paragraph redesignated by paragraph (1)— 
(A) by striking out "this subsection" and inserting in 
lieu thereof "subsection (c) or (d)"; 
(B) by striking out "the member of the armed forces 
concerned" eind inserting in lieu thereof "the member of 
the armed forces who made the allegation investigated"; 
and 
(C) by striking out the second sentence; 
(3) by inserting after the paragraph redesignated by para-
graph (1) the following new paragraph: 
Public 
"(2) In the copy of the report submitted to the member, the 
information. 
Inspector General shall ensure the maximum disclosure of informa-
tion possible, with the exception of information that is not required 
to be disclosed under section 552 of title 5."; 
(4) by redesignating paragraphs (6) and (7) as paragraphs 
(3) and (4), respectively; and 
(5) in paragraph (3), as so redesignated, by striking out 
"paragraph (5)" and inserting in lieu thereof "paragraph (1)". 
(e) DEFINITION.—Subsection (j) of such section, as redesignated 
by subsection (c)(1), is amended by adding at the end the following 
new paragraph: 
"(3) The term 'unlawful discrimination' means discrimina-
tion on the basis of race, color, religion, sex, or national origin.". 
(f) CROSS REFERENCE AMENDMENTS.—(1) Subsection (f) of such 
section, as redesignated by subsection (c)(1), is amended by striking 
out "subsection (c)(5)" in paragraphs (2)(A), (3)(A)(i), and (3)(B) 
and inserting in lieu thereof "subsection (e)(1)". 
(2) Subsection (g) of such section, as redesignated by subsection 
(c)(1), is amended by striking out "subsection (d)" and inserting 
in lieu thereof "subsection (f)". 
(g) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
'^§ 1034. Protected communications; prohibition of retaliatory 
personnel actions'\ 
(2) The table of sections at the beginning of chapter 53 of 
such title is amended to read as follows: 
"1034. Protected communications; prohibition of retaliatory personnel actions.". 
lO^usc 1034 
(h) DEADLINE FOR REGULATIONS.—The Secretary of Defense 
and the Secretary of Transportation shall prescribe regulations 
to implement the amendments made by this section not later than 
120 days after the date of the enactment of this Act. 
i?*Y^ 1
*
^
3
^ 
(i) CONTENT OF REGULATIONS.—In prescribing regulations 
under section 1034 of title 10, United States Code, as amended 
by this section, the Secretary of Defense £ind the Secretary of 
Transportation shall provide for appropriate procedural protections 
for the subject of any investigation ceuried out under the provisions 
note. 
note. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2759 
of that section, including a process for appeal and review of inves-
tigative findings. 
SEC. 532. DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON 10 USC 113 note. 
DISCRIMINATION AND SEXUAL HARASSMENT. 
(a) REPORT OF TASK FORCE.—(1) The Department of Defense 
Task Force on Discrimination and Sexual Harassment, constituted 
by the Secretary of Defense on March 15, 1994, shall transmit 
a report of its findings and recommendations to the Secretary 
of Defense not later than October 1,1994, 
(2) The Secretary shall transmit to Congress the report of 
the task force not later than October 10,1994. 
(b) SECRETARIAL REVIEW.—Not later than 45 days after receiv-
ing the report under subsection (a), the Secretary shall— 
(1) review the recommendations for action contained in 
the report; 
(2) determine which recommendations 
the 
Secretary 
approves for implementation and which recommendations the 
Secretary disapproves; and 
(3) submit to Congress a report that— 
(A) identifies the approved recommendations and the 
disapproved recommendations; and 
(B) explains the reasons for each such approval and 
disapproval. 
(c) COMPREHENSIVE D O D POLICY.—(1) Based on the approved 
recommendations of the task force and such other factors as the 
Secretary considers appropriate, the Secretary shall develop a com-
prehensive Department of Defense policy for processing complaints 
of sexual harassment and discrimination involving members of the 
Armed Forces under the jurisdiction of the Secretary. 
(2) The 
Secretary 
shall issue policy guidance for the Regulations, 
implementation of the comprehensive policy and shall require the 
Secretaries of the military departments to prescribe regulations 
to implement that policy not later them March 1, 1995. 
(3) The Secretary shall ensure that the policy is implemented 
uniformly by the military departments insofsir as practicable. 
(4) Not later than March 31, 1995, the Secretary of Defense 
shall submit to Congress a proposal for any legislation necessary 
to enhance the capability of the Department of Defense to address 
the issues of unlawful discrimination and sexual harassment. 
(d) MILITARY DEPARTMENT POLICIES.—(1) The Secretary of the 
Navy and the Secretary of the Air Force shall review and revise 
tlie regulations of the Department of the Navy and the Department 
of the Air Force, respectively, relating to equal opportunity policy 
and procedures in that Department for the making of, and respond-
ing to, complaints of unlavs^l discrimination and sexual harassment 
in order to ensure that those regulations are substantially equiva-
lent to the regulations of the Department of the Army on such 
matters. 
(2) In revising regulations pursuant to paragraph (1), the Sec-
retary of the Navy and the Secretary of the Air Force may make 
such additions and modifications as the Secretary of Defense deter-
mines appropriate to strengthen those regulations beyond the 
substantial equivalent of the Army regulations in accordance with— 
(A) the approved recommendations of the Department of 
Defense Task Force on Discrimination and Sexual Harassment; 
and 
108 STAT. 2760 
PUBLIC LAW 103-337—OCT. 5, 1994 
(B) the experience of the Army, Navy, Air Force, and 
Marine Corps regarding equal opportunity cases. 
Regulations. 
(3) The Secretary of the Army shall review the regulations 
of the Department of the Army relating to equal opportunity policy 
and complaint procedures and revise the regulations as the Sec-
retary of Defense considers appropriate to strengthen the regula-
tions in accordance with the recommendations and experience 
described in subparagraphs (A) and (B) of paragraph (2). 
(e) REPORT OF ADVISORY BOARD.—(1) The Secretary of Defense 
shall direct the Advisory Board on the Investigative Capability 
of the Department of Defense, established by the Secretary of 
Defense in November 1993, to include in its report to the Secretary 
(scheduled to be transmitted to the Secretary during December 
1994)— 
(A) the recommendations of the Advisory Board as to 
whether the current Department of Defense organizational 
structure is adequate to oversee all investigative matters 
related to unlawftil discrimination, sexual harassment, and 
other misconduct related to the gender of the victim; and 
(B) recommendations as to whether additional data collec-
tion and reporting procedures are needed to enhance the ability 
of the Department of Defense to respond to unlawful discrimina-
tion, sexual harassment, and other misconduct related to the 
gender of the victim. 
(2) The Secretary shall transmit to Congress the report of 
the Advisory Board not later than 15 days after receiving the 
report. 
(f) PERFORMANCE EVALUATION STANDARDS FOR MEMBERS OF 
THE ARMED FORCES.—The Secretary of Defense shall ensure that 
Department of Defense regulations governing consideration of equal 
opportunity matters in evaluations of the performance of members 
of the Armed Forces include provisions requiring as a factor in 
such evaluations consideration of a member's commitment to elimi-
nation of unlawful discrimination or of sexual harassment in the 
Armed Forces. 
10 use 113 note. 
SEC. 533. ANNUAL REPORT ON PERSONNEL READINESS FACTORS BY 
RACE AND GENDER. 
(a) REQUIRED ASSESSMENT.—The Secretary of Defense shall 
submit to Congress an annual report on trends in recruiting, reten-
tion, and personnel readiness. 
(b) DATA TO BE COLLECTED.—Each annual report under sub-
section (a) shall include the following information with respect 
to the preceding fiscal year for the active components of each 
of the Armed Forces under the jurisdiction of the Secretary (as 
well as such additional information as the Secretary considers 
appropriate): 
(1) The numbers of members of the Armed Forces tempo-
rarily and permanently nondeployable and rates of temporary 
and 
permanent 
nondeployability, 
displayed by cause of 
nondeployability, rank, and gender. 
(2) The numbers and rates of complaints and allegations 
„ within the Armed Forces that involve gender and other unlaw-
ful discrimination and sexual harassment, and the rates of 
substantiation for those complaints and allegations. 
(3) The numbers and rates of disciplinary proceedings, 
displayed (A) by offense or infraction committed, (B) by gender. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2761 
rank, and race, and (C) by the categories specified in para-
graph (2). 
(4) The retention rates, by gender, rank, and race, with 
an analysis of factors influencing those rates. 
(5) The propensity of persons to enhst, displayed by gender 
and race, with an analysis of the factors influencing those 
propensities. 
(c) SUBMISSION TO CONGRESS.—The Secretary shall submit the 
report under this section for einy fiscal year as part of the annual 
Department of Defense posture statement provided to Congress 
in connection with the Department of Defense budget request for 
that fiscal year. 
(d) INITIAL SUBMISSION.—The first report under this section 
shall be submitted in connection with the Department of Defense 
budget request for fiscal year 1996 and shall include data, to 
the degree such data already exists, for fiscal years after fiscal 
year 1991. 
SEC. 534. VICTIMS' ADVOCATES PROGRAMS IN DEPARTMENT OF 10USC113note. 
DEFENSE. 
(a) ESTABLISHMENT.—(1) The Secretary of Defense, acting 
through the Under Secretary of Defense for Personnel and Readi-
ness, shall revise policies and regulations of the Department of 
Defense with respect to the programs of the Department of Defense 
specified in paragraph (2) in order to establish within each of 
the military departments a victims' advocates program. 
(2) Programs referred to in paragraph (1) are the following: 
(A) Victim and witness assistance programs. 
(B) Family advocacy programs. 
(C) Equal opportunity programs. 
(3) In the case of the Department of the Navy, separate victims' 
advocates programs shall be established for the Navy and the 
Marine Corps. 
(b) PURPOSE.—^A victims' advocates program established pursu-
aiit to subsection (a) shall provide assistance described in subsection 
(d) to members of the Armed Forces and their dependents who 
are victims of any of the following: 
(1) Crime. 
(2) Intrafamilial sexual, physical, or emotional abuse. 
(3) Discrimination or harassment based on race, gender, 
ethnic background, national origin, or religion. 
(c) INTERDISCIPLINARY COUNCILS.—(1) The Secretary of Defense Establishment, 
shall establish a Department of Defense council to coordinate and 
oversee the implementation of programs under subsection (a). The 
membership of the coimcil shall be selected from members of the 
Armed Forces and officers and employees of the Department of 
Defense having expertise or experience in a variety of disciplines 
and professions in order to ensure representation of the full range 
of services and expertise that will be needed in implementing those 
programs. 
(2) The Secretary of each military department shall establish 
similar interdisciplinary councils within that military department 
as appropriate to ensure the fullest coordination and effectiveness 
of the victims' advocates program of that military department. 
To the extent practicable, such a council shall be established at 
each significant military installation. 
108 STAT. 2762 
PUBLIC LAW 103-337—OCT. 5, 1994 
(d) ASSISTANCE.—(1) Under a victims' advocates program estab-
lished under subsection (a), individuals working in the program 
shall principally serve the interests of a victim by initiating action 
to provide (A) information on available benefits and services, (B) 
assistance in obtaining those benefits and services, and (C) other 
appropriate assistance. 
(2) Services under such a program in the case of an individual 
who is a victim of family violence (including intrafamilial sexual, 
physical, and emotional abuse) shall be provided principally through 
the family advocacy programs of the military departments. 
(e) STAFFING.—The Secretary of Defense shall provide for the 
assignment of personnel (military or civilian) on a full-time basis 
to victims' advocates programs established pursuant to subsection 
(a). The Secretary shall ensure that sufficient numbers of such 
full-time personnel are assigned to those programs to enable those 
programs to be carried out effectively. 
(f) IMPLEMENTATION DEADLINE.—Subsection (a) shall be carried 
out not later than six months after the date of the enactment 
of this Act. 
(g) IMPLEMENTATION REPORT.—Not later than 30 days after 
the date on which Department of Defense policies and regulations 
are revised pursuant to subsection (a), the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the implementation (and 
plans for implementation) of this section. 
SEC. 535. TRANSITIONAL COMPENSATION AND OTHER BENEFITS FOR 
DEPENDENTS OF MEMBERS SEPARATED FOR DEPEND-
ENT ABUSE. 
(a) EARLIER COMMENCEMENT OF PAYMENTS.—Subsection (e) of 
section 1059 of title 10, United States Code, as redesignated by 
section 1070(a)(5) of this Act, is amended to read as follows: 
"(e) COMMENCEMENT AND DURATION OF PAYMENT.—(1) Payment 
of transitional compensation under this section— 
"(A) in the case of a member convicted by a court-martial 
for a dependent-abuse offense, shall commence as of the date 
of the approval of the court-martial sentence by the person 
acting under section 860(c) of this title (article 60(c) of the 
Uniform Code of Military Justice) if the sentence, as approved, 
includes a dismissal, dishonorable discharge, bad conduct dis-
charge, or forfeiture of all pay and allowances; and 
"(B) in the case of a member being considered under 
applicable regulations for administrative separation fi*om active 
duty in accordance with such regulations (if the basis for the 
separation includes a dependent-abuse offense), shall commence 
as of the date on which the separation action is initiated 
by a commander of the member pursuant to such regulations, 
as determined by the Secretary concerned. 
"(2) Transitional compensation with respect to a member shall 
be paid for a period of 36 months, except that, if as of the date 
on which payment of transitional compensation 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 o
f
— 
"(A) the unserved portion of the member's period of obli-
gated active duty service; or 
"(B) 12 months. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2763 
"(3)(A) If a member is sentenced by a court-martial to receive 
punishment that includes a dismissal, dishonorable discharge, bad 
conduct discharge, or forfeiture of all pay and allowances as a 
result of a conviction by a court-martial for a dependent-abuse 
offense and each such punishment applicable to the member under 
the sentence is remitted, set aside, or mitigated to a lesser punish-
ment that does not include any such punishment, any payment 
of transitional compensation that has commenced under this section 
on the basis of such sentence in that case shall cease. 
"(B) If administrative separation of a member from active duty 
is proposed on a basis that includes a dependent-abuse offense 
and the proposed administrative separation is disapproved by com-
petent authority under applicable regulations, payment of transi-
tional compensation in such case shall cease. 
"(C) Cessation of payments under subparagraph (A) or (B) Sunset 
shall be effective as of the first day of the first month following Pi-o^isions. 
the month in which the Secretary concerned notifies the recipient 
of such transitional compensation in writing that payment of the 
transitional compensation will cease. The recipient may not be 
required to repay amounts of transitional compensation received 
before that effective date (except to the extent necessary to recoup 
any amount that was erroneous when paid).". 
(b) COMMISSARY AND EXCHANGE BENEFITS.—Such section is 
further amended— 
(1) by redesignating subsections (j) and (k) as subsections 
(k) and (1), respectively; and 
(2) by inserting after subsection (i) the following new sub-
section (j): 
"(j) COMMISSARY AND EXCHANGE BENEFITS.—(1) A dependent 
or former dependent entitled to payment of monthly transitional 
compensation under this section shall, while receiving payments 
in accordance with this section, be entitled to use commissary 
and exchange stores to the same extent and in the same manner 
as a dependent of a member of the armed forces on active duty 
for a period of more than 30 days. 
"(2) If a dependent or former dependent eligible or entitled 
to use commissary and exchange stores under paragraph (1) is 
eligible or entitled to use commissary and exchange stores under 
another provision of law, the eligibility or entitlement of that 
dependent or former dependent to use commissary and exchange 
stores shall be determined under such other provision of law rather 
than under paragraph (1).". 
(c) CONFORMING AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
^'§ 1059. Dependents of members separated for dependent 
abuse: transitional compensation; 
commissary 
and exchange benefits". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 53 of such title is amended to read 
as follows: 
"1059. Dependents of members separated for dependent abuse: transitional com-
pensation; commissary and exchange benefits.". 
SEC. 536. STUDY OF SPOUSAL ABUSE INVOLVING ARMED FORCES 
PERSONNEL. 
(a) FINDINGS.—Congress makes the following findings: 
79-194 O—95—5 : QL 3 Part 4 
108 STAT. 2764 
PUBLIC LAW 103-337-OCT. 5, 1994 
(1) The Department of Defense has sponsored several 
highly successful programs designed to curtail spousal abuse. 
(2) The readiness of the Armed Forces would be enhanced 
by eliminating all forms of spousal abuse involving members 
of the Armed Forces. 
(3) Available data on the frequency and causes of spousal 
abuse involving members of the Armed Forces is not com-
prehensive for the Armed Forces. 
(b) STUDY.—The Secretary of Defense shall conduct a study 
on spousal abuse involving members of the Armed Forces. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress 
a report on the results of the study. The report shall contain 
the following: 
(1) The frequency of spousal abuse involving members of 
the Armed Forces. 
(2) A discussion of the possible causes of such spousal 
abuse. 
(3) A discussion of the procedures followed in responding 
to incidents of such spousal abuse. 
(4) An analysis of the effectiveness of those procedures. 
(5) A review of the existing programs for curtailing such 
spousal abuse. 
(6) A strategy for the entire Armed Forces for curtailing 
spousal abuse involving members of the Armed Forces. 
Subtitle D—Matters Relating to the Coast 
Guard 
SEC. 541. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT 
PROVISIONS TO COAST GUARD. 
10 use 571 note. 
(a) ESTABLISHMENT OF PERMANENT GRADE OF CHIEF WARRANT 
OFFICER, W-5.—(1) The grade of chief warrant officer, W-5, is 
hereby established in the Coast Guard. 
(2) Section 571(a) of title 10, United States Code, is amended 
by striking out "Army, Navy, Air Force, and Marine Corps" and 
inserting in lieu thereof "armed forces". 
(b) EXTENSION OF WARRANT OFFICER MANAGEMENT ACT PROVI-
SIONS TO COAST GUARD WARRANT OFFICERS.—Chapter 33A of title 
10, United States Code, is amended as follows: 
(1) Section 573(a) is amended— 
(A) by striking out "Secretary of a military department" 
in paragraph (1) and inserting in lieu thereof "Secretary 
concerned"; and 
(B) by striking out "of the military department" in 
paragraph (2). 
(2) Section 574 is amended by -striking out "Secretary of 
each military department" in subsections (a) and (b) and insert-
ing in lieu thereof "Secretary concerned". 
(3) Section 575(b)(2) is amended by inserting "and the 
Secretary of Transportation, when the Coast Guard is not 
operating as a service in the Navy," after "Secretary of Defense". 
(4) Section 576 is amended— 
(A) in subsection (a), by striking out "of the military 
department" in the matter preceding paragraph (1); 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2765 
(B) in subsection (e), by striking out "of the military 
department"; and 
(C) in subsection (f)(2), by striking out "of the mihtary 
department". 
(5) Section 580 is amended— 
(A) in subsection (a)(4)(B), by inserting ", or severance 
pay computed under section 286a of title 14, as appro-
priate," after "section 1174 of this title"; and 
(B) in subsection (e)(6), by inserting "and the Secretary 
of Transportation, when the Coast Guard is not operating 
as a service in the Navy," after "Secretary of Defense". 
(6) Section 581(a) is amended by striking out "in the Army, 
Navy, Air Force, or Marine Corps". 
(c) TRANSITION FOR CERTAIN REGULAR WARRANT OFFICERS lo use 571 note. 
SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT 
OFFICER, W-5.—(1) A regular warrant officer of the Coast Guard 
who on the effective date of this section is on active duty and— 
(A) is serving in a temporary grade below chief warrant 
officer, W-5, that is higher than that warrant officer's perma-
nent grade; 
(B) is on a list of officers recommended for promotion 
to a temporary grade below chief warrant officer W-5; or 
(C) is on a list of officers recommended for promotion 
to a permanent grade higher than the grade in which that 
warrant officer is serving; 
shall be considered to have been recommended by a board convened 
under section 573 of title 10, United States Code, as amended 
by this subsection (b), for promotion to the permanent grade equiva-
lent to the grade in which that warrsuit officer is serving or for 
which that warrant officer has been recommended for promotion, 
as the case may be. 
(2) An officer referred to in subparagraph (A) of paragraph 
' 
(1) who is not promoted to the grade to which that warrant officer 
is considered under such subsection to have been recommended 
for promotion because that officer's name is removed from a list 
of officers who are considered under such paragraph to have been 
recommended for promotion shall be considered by a board convened 
under section 573 of title 10, United States Code, as amended 
by subsection (b), for promotion to the permanent grade equivalent 
to the temporary grade in which that warrant officer was serving 
on the effective date of this section as if that warrant officer 
were serving in the permanent grade. 
(3) The date of rank of an officer referred to in paragraph 
(1)(A) who is promoted to the grade in which that warrant officer 
is serving on the effective date of this section is the date of that 
officer's temporary appointment in that grade. 
(d) TRANSITION FOR CERTAIN RESERVE WARRANT OFFICERS ^^ use 571 note. 
SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT 
OFFICER, W-5.—(1)(A) Except as provided in paragraph (2), a 
reserve warrant officer of the Coast Guard who on the effective 
date of this section is subject to placement on the warrant officer 
active-duty list and who— 
(i) is serving in a temporary grade below chief warrant 
officer, W-5, that is higher than that warrant officer's perma-
nent grade; or 
(ii) is on a list of warrant officers recommended for pro-
motion to a temporary grade below chief warrant officer, W-
108 STAT. 2766 
PUBLIC LAW 103-337—OCT. 5, 1994 
5, that is the same as or higher than that warrant officer's 
F
ermanent grade; 
be considered to have been recommended by a board convened 
under section 598 of title 10, United States Code, for promotion 
to the permanent grade equivalent to the grade in which the war-
rant officer is serving or for which that warrant officer has been 
recommended for promotion, as the case may be. 
(B) The date of rank of a warrant officer referred to in subpara-
graph (A)(i) who is promoted to the grade in which that warrant 
officer is considered under such subparagraph to have been rec-
ommended for promotion is the date of the temporary appointment 
of that warr£int officer in that grade. 
(2) A reserve warrant officer of the Coast Guard who on the 
effective date of this section— 
(A) is subject to placement on the warrant officer active-
duty list; 
(B) is serving on active duty in a temporary grade; and 
(C) holds a permanent grade higher than the temporary 
grade in which that warrant officer is serving; 
shall while continuing on active duty retain such temporary grade 
and shall be considered for promotion to a grade equal to or Tower 
than the permanent grade as if such temporary grade is a perma-
nent grad^. If such warrant officer is recommended for promotion, 
the appointment of that warrant officer to such grade shall be 
a temporary appointment. 
(e) RANK OF COAST GUARD WARRANT OFFICERS.—(1) Subchapter 
A of chapter 11 of title 14, United States Code, is amended by 
adding at the end the following new section: 
*'§ 215. Rank of warrant officers 
"(a) Among warrant officer grades, warrant officers of a higher 
numerical designation are senior to warrant officer grades of a 
lower numerical designation. 
"(b) Warrant officers shall take precedence in the grade to 
which appointed in accordance with the dates of their commissions 
Regulations. 
as commissioned officers in the Coast Guard in such grade. Prece-
dence among warrant officers of the same grade who have the 
same date of commission shall be determined by regulations pre-
scribed by the Secretary.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 214 
the following new item: 
"215. Rank of warrant officers.". 
(f) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Section 
1125(a) of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (10 U.S.C. 555 note) is repealed. 
(2) Section 286a(a) of title 14, United States Code, is amended 
by striking out "section 564(a)(3) of title 10 (as in effect on the 
day before the effective date of the Warrant Officer Management 
Act)" and inserting in lieu thereof "section 580(a)(4)(A) of title 
10". 
(3) Section 334(b) of such title is amended by striking out 
"section 564 of title 10 (as in effect on the day before the effective 
date of the Warrant Officer Mginagement Act) or" and inserting 
in lieu thereof "section 580,". 
(4) Section 41 of such title is amended by striking out "chief 
warrant officers, W-4; chief warrant officers, W-3; cluef warrant 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2767 
officers, W-2; cadets; warrant officers, W-1;" and inserting in lieu 
thereof "chief w£irr£int officers; cadets; warrant officers;". 
(5)(A) Sections 212 and 213 of such title are repealed. 
14 USC 212, 213. 
(B) The table of sections at the beginning of chapter 11 of 
such title is amended by striking out the items relating to sections 
212 and 213. 
(6) Section 214 of such title is amended by striking out sub-
sections (b) £ind (c). 
(7) Section 583 of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(4) The active-duty list referred to in section 573(b) of 
this title includes the active-duty promotion list established 
by section 41a of title 14.". 
(g) TEMPORARY AUTHORITY FOR INVOLUNTARY SEPARATION OF 
CERTAIN WARRANT OFFICERS.—Section 580a of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(e) This section applies to the Secretary of Trgmisportation 
in the same manner and to the same extent as it applies to the 
Secretary of Defense. The Commandant of the Coast Guard shall 
take the action set forth in subsection (b) with respect to regular 
warrant officers of the Coast Guard.". 
(h) EFFECTIVE DATE.—This section and the amendments made lO USC 571 note, 
by this section shall take effect on the first day of the fourth 
month beginning after the date of the enactment of this Act. 
SEC. 542. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS. 
(a) INVOLUNTARY SEPARATION BENEFITS AND SERVICES.—Chap-
ter 58 of title 10, United States Code, is amended as follows: 
(1) Section 1141 is amended in the matter preceding para-
graph (D— 
(A) by striking out "Army, Navy, Air Force, or Marine 
Corps" and inserting in lieu thereof "armed forces"; and 
(B) by striking out "or on or after the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 1994" and inserting in lieu thereof "or after 
November 29, 1993, or, with respect to a member of the 
Coast Guard, if the member was on active duty in the 
Coast Guard after September 30,1994,". 
(2) Section 1143 is amended— 
(A) in the heading, by striking out ": Department 
of Defense"; 
(B) in subsection (a), by inserting "and the Secretary 
of Transportation with respect to the Coast Guard" after 
"Secretary of Defense" £ind by striking out "under the juris-
diction of the Secretary"; 
(C) in subsection (b), by adding at the end the following 
new sentence: "The Secretary of Transportation shall estab-
lish permanent employment assistance centers at appro-
priate Coast Guard installations."; 
(D) in subsection (c), by inserting "and the Secretary 
of Transportation" after "Secretary of Defense"; and 
(E) in subsection (d), by adding at the end the following 
new sentence: "The Secretary of Transportation shall pro-
vide the same preference in hiring to involuntarily sepa-
rated members of the Coast Guard, and the dependents 
108 STAT. 2768 
PUBLIC LAW 103-337—OCT. 5, 1994 
of such members, in Coast Guard nonappropriated fund 
instrumentalities.". 
10 use 1143a. 
(3) Section 1143a is amended— 
(A) in the heading by striking out ": Department 
of Defense"; and 
(B) by adding at the end the following new subsection: 
"(h) COAST GUARD.—This section shall apply to the Coast Guard 
in the same manner and to the same extent as it applies to the 
Department of Defense. The Secretary of Transportation shall 
implement the requirements of this section for the Coast Guard.". 
(4) Section 1145 is amended by adding at the end the 
following new subsection: 
"(e) COAST GUARD.—The provisions of this section shall apply 
to members of the Coast Guard (and their dependents) involuntarily 
separated from active duty during the five-year period beginning 
on October 1, 1994. The Secretary of Transportation shall imple-
ment this section for the Coast Guard.". 
(5) Section 1146 is amended by adding at the end the 
following new sentence: "The Secretary of Transportation shall 
implement this provision for Coast Guard members involuntar-
ily separated during the five-year period beginning October 
1, 1994.". 
(6) Section 1147(a) is amended— 
(A) by inserting "(1)" before "The Secretary of a military 
department"; and 
(B) by adding at the end the following new paragraph: 
"(2) The Secretary of Transportation may prescribe regulations 
to permit members of the Coast Guard who are involuntarily sepa-
rated during the five-year period beginning October 1, 1994, to 
continue for not more than 180 days after the date of such separa-
tion to reside (along with others of the member's household) in 
military fsunily housing provided or leased by the Coast Guard 
to the individual as a member of the armed forces.". 
(7) Section 1148 is amended by inserting "and the Secretary 
of Transportation" after "Secretary of Defense". 
(8) Section 1149 is amended— 
(A) by inserting "or the Secretary of Transportation 
with respect to the Coast Guard" after "Secretary of 
Defense"; and 
(B) by striking out "of the military department". 
(9) Section 1150 is amended by adding at the end the 
following new subsection: 
"(c) COAST GUARD.—This section shall apply to the Coast Guard 
in the same manner and to the same extent as it applies to the 
Regulations. 
Department of Defense. The Secretary of Transportation shall pre-
scribe regulations to implement this section for the Coast Guard.". 
(10) The table of sections at the beginning of the chapter 
is amended by striking out ": Department of Defense" in the 
items relating to section 1143 and 1143a. 
(b) SPECIAL SEPARATION BENEFIT.—Section 1174a of title 10, 
United States Code, is amended— 
(1) in subsection (a), by striking out "of each military 
department" and inserting in lieu thereof "concerned"; 
(2) in subsection (d), by striking out "of a military depart-
ment" and inserting in lieu thereof "concerned"; 
(3) in subsection (e)(3), by striking out "of the military 
department"; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2769 
(4) in subsection (h), by striking out "of a military depart-
ment" and inserting in lieu thereof "concerned". 
(c) VOLUNTARY SEPARATION INCENTIVE.—Section 1175 of title 
10, United States Code, is amended— 
(1) in subsections (a) and (b), by inserting "and the Sec-
retary of Transportation" after "Secretary of Defense"; 
(2) in subsection (c), by striking out "of the military depart-
ment"; 
(3) in subsection (g), by inserting "and the Department 
of Transportation for the Coast Guard" before the period at 
the end; 
(4) in subsection (h)(3)— 
(A) by inserting "by the Secretary of Defense" after 
"incentive payments made" in the first sentence; and 
(B) by inserting "to the Secretary after "shsdl be avail-
able" in the second sentence; and 
(5) in subsection (i), by inserting "and the Secretary of 
Transportation" after "Secretary of Defense". 
(d) TEMPORARY EARLY RETIREMENT AUTHORITY.—Section 4403 
of the National Defense Authorization Act for Fiscal Year 1993 
(PubUc Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall 
apply to the Coast Guard in the same manner and to the same 
extent as that provision applies to the Department of Defense. 
The Secretary of Transportation shall implement the provisions 
of that section with respect to the Coast Guard and apply the 
applicable provisions of title 14, United States Code, relating to 
retirement of Coast Guard personnel. 
(e) EFFECTIVE DATE.—^This section and the amendments made lo use 1141 
by this section shall apply only to members of the Coast Guard 
who are separated after September 30, 1994. 
note. 
SEC. 543. EXPANSION OF PERSONNEL ADJUSTMENT, EDUCATION, AND 
TRAINING PROGRAMS TO INCLUDE COAST GUARD. 
(a) PRESEPARATION COUNSELING.—AS soon as possible after lO use 1142 
the date of the enactment of this Act, the Secretary of Transpor- "°*^^ 
tation shall implement the requirements of section 1142 of title 
10, United States Code, for the Coast Guard. 
(b) EMPLOYMENT ASSISTANCE, JOB TRAINING ASSISTANCE, AND 
OTHER TRANSITIONAL ASSISTANCE.—Section 1144 of title 10, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by inserting ", the Secretary of Tremsportation," 
after "Secretary of Defense"; £ind 
(B) by striking out "of a military department" and 
inserting in lieu thereof "concerned"; 
(2) in subsection (a)(2), by inserting ", the Secretary of 
Transportation," after "Secretary of Defense"; 
(3) in subsection (b)(4), by striking out "Department of 
Defense is" and inserting in lieu thereof "Department of Defense 
and the Department of Transportation are"; 
(4) in subsection (c), by inserting "and the Secretary of 
Transportation" after "Secretary of Defense"; and 
(5) in subsection (d)(2), by inserting "and the Department 
of Transportation" after "Department of Defense". 
(c) TEACHER AND TEACHER'S AIDE PLACEMENT PROGRAM.—Sec-
tion 1151 of such title (as amended by section 1131) is further 
amended— 
108 STAT. 2770 
PUBLIC LAW 103-337—OCT. 5, 1994 
(1) in subsection (a), by inserting ", £ind the Secretary 
of Transportation with respect to the Coast Guard," after "Sec-
retary of Defense"; 
(2) in subsection (b), by inserting "and the Secretary of 
Transportation" after "Secretary of Defense" in the matter 
preceding the paragraphs; 
(3) in subsection (c)(1)— 
(A) by striking out "by the Secretary of Defense" in 
the matter preceding the subparagraphs; and 
(B) in subparagraph (C), by inserting "of Defense, or 
the Secretary of Transportation with respect to the Coast 
Guard," after "Secretary"; 
(4) in subsection (d), by inserting "and the Secretary of 
Transportation" after "Secretary of Defense"; 
(5) in subsection (e)(1)— 
(A) by inserting ", and the Secretary of Transportation 
with respect to the Coast Guard," after "Secretary of 
Defense" in the first sentence; and 
(B) by striking out "Secretary may" in the second sen-
tence and inserting in heu thereof "Secretaries may"; 
(6) in subsection (e)(2), by striking out "Secretary^' the 
first two places it appears and inserting in Heu thereof "Sec-
retaries"; 
(7) in subsection (e)(3)— 
(A) by inserting "of Defense, and the Secretary of 
Transportation with respect to the Coast Guard," after 
"The Secretary"; and 
(B) by inserting "concerned" after "unless the Sec-
retary"; 
(8) in subsection (e)(4), by striking out "Secretary" both 
places it appears and inserting in lieu thereof "Secretaries"; 
(9) in subsection (f)— 
(A) by inserting ", or the Secretary of Transportation 
with respect to the Coast Guard," after "Secretary of 
Defense" in the matter preceding the paragraphs; and 
(B) in paragraph (1), by inserting "concerned" after 
"the Secretary"; 
(10) in subsection (g)(1), by inserting ", and the Secretary 
of Transportation with respect to the Coast Guard," after "Sec-
retary of Defense" in the matter preceding the subparagraphs; 
(11) in subsection (h)— 
(A) in paragraph (1), by inserting "and the Secretary 
of Transportation" after "Secretary of Defense"; and 
(B) by inserting "concerned" after "Secretary" each 
place it appears in paragraphs (2) through (6); 
(12) in subsection (h)(7)— 
(A) in subparagraph (A)— 
(i) by inserting "of Defense, and the Secretary of 
Transportation with respect to the Coast Guard," after 
"the Secretary" in the first sentence; and 
(ii) by inserting "concerned" after "The Secretary" 
in the second sentence; and 
(B) in subparagraph (C), by inserting "concerned" after 
"The Secretary"; 
(13) in subsection (i)— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2771 
(A) in paragraph (1), by inserting ", or the Secretary 
of Transportation with respect to the Coast Guard," after 
"Secretary of Defense"; and 
(B) in paragraph (2), by inserting "concerned" after 
"Secretary" both places it appears; and 
(14) in subsection (j)— 
(A) in paragraph (1)(F), by inserting ", or the Secretary 
of Transportation with respect to the Coast Guard" after 
"Secretary of Defense"; and 
(B) in paragraph (2), by inserting "concerned" after 
"Secretary" both places it appears. 
(d) LAW ENFORCEMENT OFFICER PLACEMENT PROGRAM.—Sec-
tion 1152 of such title, as amended by section 1132, is further 
amended in subsections (a) and (d) by inserting ", and the Secretary 
of Transportation with respect to the Coast Guard," after "Secretary 
of Defense". 
(e) HEALTH CARE PROVIDER PLACEMENT PROGRAM.—Section 
1153 of such title is amended— 
(1) in subsection (a), by inserting ", and the Secretary 
of Transportation with respect to the Coast Guard," after "Sec-
retary of Defense"; 
(2) in subsection (b)(1)— 
(A) by striking out "by the Secretary of Defense" in 
the matter preceding the subparagraphs; and 
(B) in subparagraph (C), by inserting "concerned" after 
"Secretary" both places it appears; 
(3) in subsection (c)(1)— 
(A) by inserting ", and the Secretary of Transportation 
with respect to the Coast Guard," after "Secretary of 
Defense"; 
(B) by inserting "concerned" after "to the Secretar)^"; 
and 
(C) by striking out "Secretary may" and inserting in 
lieu thereof "Secretaries may"; 
(4) in subsection (c)(2)— 
(A) by inserting "of Defense, and the Secretary of 
Transportation with respect to the Coast Guard," after 
"The Secretary"; and 
(B) by inserting "concerned" after "unless the Sec-
retary"; 
(5) in subsection (c)(3), by striking out "Secretary" both 
places it appears and inserting in lieu thereof "Secretaries"; 
(6) in subsection (d)— 
(A) in paragraph (1) by inserting "and the Secretary 
of Transportation" after "Secretary of Defense"; and 
(B) by inserting "concerned" after "Secretarj^' each 
place it appears in paragraphs (2) through (5); and 
(7) in subsection (e)— 
(A) in paragraph (1), by inserting ", and the Secretary 
of Transportation with respect to the Coast Guard," after 
"the Secretary of Defense"; and 
(B) in paragraph (2), by inserting "concerned" after 
"The Secretary". 
(f) UPWARD BOUND.—Section 4466 of the Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992 (division D 
of PubHc Law 102-484; 10 U.S.C. 1143 note) is amended by adding 
at the end the following new subsection: 
108 STAT. 2772 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(h) APPLICATION TO COAST GUARD.—The Secretary of Transpor-
tation may implement the provisions of this section for the Coast 
Guard in the same msinner and to the same extent as such section 
appKes to the Department of Defense.". 
(g) SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAIN-
ING.—(1) Section 4483(1) of the Service Members Occupational 
Conversion and Training Act of 1992 (subtitle G of title XLIV 
of Public Law 102-484; 10 U.S.C. 1143 note) is amended by insert-
ing before the period the following: "with respect to the Department 
of Defense and the Secretary of Transportation with respect to 
the Coast Guard". 
10 use 1143 
(2) As soon as possible after the date of the enactment of 
"°*®- 
this Act, the Secretary of Transportation shall implement the 
requirements of the Service Members Occupational Conversion and 
Training Act of 1992 (subtitle G of title XLIV of PubHc Law 102-
484; 10 U.S.C. 1143 note) for the Coast Guard. 
10 use 1142 
(h) LIMITATIONS ON FUNDING.—Funds appropriated or other-
note. 
^ g g jnajie available to the Department of Defense, the Department 
of Education, the Department of Labor, or the Department of Veter-
ans Affairs may not be used to carry out subsection (a) or the 
amendments made by this section. 
Subtitle E—Other Matters 
SEC. 551. REPEAL OF REQUIRED REDUCTION IN RECRUITING PERSON-
NEL. 
Section 431 of the National Defense Authorization Act for Fiscal 
Year 1993 (PubHc Law 102-484; 106 Stat. 2400) is repealed. 
SEC. 552. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY 
ENLISTED MEMBERS IN PAY GRADE E-8. 
(a) IN GENERAL.—Section 517(a) of title 10, United States Code, 
is amended by inserting "(or, in the case of the Army, 2.5 percent)" 
after "may not be more than 2 percent". 
10 use 517 note. 
(b) SPECIAL RuLE FOR 1995.—The percentage applicable to 
enlisted members of the Army in pay grade E-8 under section 
517(a) of title 10, United States Code, during 1995 shall be 2.3 
percent (rather than the percentage provided by the amendment 
made by subsection (a)). 
10 use 517 note. 
(c) INAPPLICABILITY FOR 1994.—The amendment made by sub-
section (a) shall not apply with respect to the number of enlisted 
members of the Army on active duty in pay grade E-8 during 
1994. 
10 use 4331 
SEC. 553. PROmBITION ON IMPOSITION OF ADDITIONAL CHARGES OR 
"°t® 
FEES FOR ATTENDANCE AT CERTAIN ACADEMIES. 
(a) PROHIBITION.—Except as provided in subsection (b), no 
charge or fee for tuition, room, or board for attendance at an 
academy named in subsection (c) may be imposed unless the charge 
or fee is specifically authorized by a law enacted after the date 
of the enactment of this Act. 
(b) EXCEPTION.—^The prohibition specified in subsection (a) shall 
not apply with respect to any item or service provided to cadets 
or midshipmen at an academy named in subsection (c) for which 
a charge or fee is imposed as of the date of the enactment of 
this Act. The Secretary of Defense or the Secretary of Transpor-
tation, as the case shall be, shall notify Congress of any change 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2773 
made by an academy in the amount of a charge or fee authorized 
under this subsection. 
(c) COVERED ACADEMIES.—This section apphes to the following: 
(1) The United States Military Academy. 
(2) The United States Naval Academy. 
(3) The United States Air Force Academy. 
(4) The United States Coast Guard Academy. 
(5) The United States Merchant Marine Academy. 
SEC. 554. BIENNIAL SURVEY ON THE STATE OF RACE AND ETHNIC 
ISSUES IN THE MILITARY. 
(a) IN GENERAL.—(1) Part I of subtitle A of title 10, United 
States Code, is amended by adding at the end the following new 
chapter: 
"CHAPTER 22—MISCELLANEOUS STUDIES AND 
REPORTS 
"Sec. 
"451. Racial and ethnic issues; biennial survey; biennial report. 
^'§451. Racial and ethnic issues; biennial survey; biennial 
report 
"(a) BIENNIAL SURVEY.—The Secretary of Defense shall carry 
out a biennial survey to measure the state of racial and ethnic 
issues and discrimination among members of the armed forces 
serving on active duty. The survey shall solicit information on 
the race relations climate in the armed forces, including— 
"(1) indicators of positive and negative trends of relations 
between all racial and ethnic groups; 
"(2) the effectiveness of Department of Defense policies 
designed to improve race and ethnic relations; and 
"(3) the effectiveness of current processes for complaints 
on and investigations into racial and ethnic discrimination. 
"(b) IMPLEMENTING ENTITY.—The Secretary shall carry out each 
biennial survey through the entity in the Department of Defense 
known as the Armed Forces Survey on Race/Ethnic Issues. 
"(c) REPORTS TO CONGRESS.—Upon completion of each biennial 
survey under subsection (a), the Secretary shall submit to Congress 
a report containing the results of the survey.". 
(2) The tables of chapters at the beginning of subtitle A of 
such title and the beginning of part I of such subtitle are amended 
by inserting after the item relating to chapter 21 the following 
new item: 
"22. Miscellaneous Studies and Reports 
451". 
(b) FIRST REPORT.—The Secretary of Defense shall submit the lo use 451 note, 
first report imder section 451(c) of title 10, United States Code, 
as added by subsection (a), not later than May 1, 1995. 
SEC. 
555. REVIEW OF CERTAEST DISCHARGES FROM THE UNITED 
STATES MILITARY ACADEMY DURING THE POST-CIVIL 
W
A
R PERIOD. 
(a) REVIEW REQUIRED.—The Secretary of the Army shall carry 
out a thorough review, to be completed not later than 180 days 
after the date of the enactment of this Act, o
f
— 
108 STAT. 2774 
PUBLIC LAW 103-337—OCT. 5, 1994 
James Webster 
Smith. 
Johnson 
Chestnut 
Whittaker. 
Regulations. 
(1) the discharge from the Corps of Cadets of the United 
States MiUtaiy Academy in 1874 of James Webster Smith 
of South Carolina; and 
(2) the discharge from the Corps of Cadets of the United 
States Mihtary Academy in 1880 of Johnson Chesnut Whittaker 
of South Carolina. 
(b) PURPOSES OF REVIEW.—The purpose of each review shall 
be to determine the validity of the original proceedings leading 
to such discharge and the extent, if any, to which racial prejudice 
or other improper factors now known may have tainted those 
proceedings. In conducting each review, the Secretary shall use 
as broad a range of historical documents as possible, including 
non-military sources. 
(c) CORRECTION OF RECORDS,—If the Secretary determines that 
the discharge of James Webster Smith or Johnson Chesnut Whit-
taker was in error or an injustice, the Secretary shall correct 
that person's military records (including the records of proceedings 
in that person's discharge case). 
(d) POSTHUMOUS COMMISSION.—Upon recommendation of the 
Secretary in the case of either person named in subsection (a), 
the President may issue in the name of that person a posthumous 
commission as an officer in the Regular Army in the grade of 
second lieutenant. Section 1523 of title 10, United States Code, 
shall apply with respect to a commission so issued. 
SEC. 556. ADMINISTRATION OF ATHLETICS PROGRAMS AT THE SERV-
ICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of 
title 10, United States Code, is amended by adding at the end 
the following new section: 
'^§4357. Athletics program: athletic director; nonappro-
priated mnd account 
"(a) The position of athletic director of the Academy shall be 
a position in the civil service (as defined in section 2101(1) of 
title 5). However, a member of the armed forces may fill that 
position as an active duty assignment. 
"(b) Under regulations prescribed by the Secretary of the Army, 
the 
Superintendent 
of the Academy 
shall 
administer 
a 
nonappropriated fund account for the athletics program of the Acad-
emy. The Superintendent shall credit to that account all revenue 
received from the conduct of the athletics program of the Academy 
and all contributions received for that program.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4357. Athletics program: athletic director; nonappropriated fund account". 
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of such 
title is amended by adding at the end the following new section: 
**§6975. Athletics program: athletic director; nonappro-
priated ^ n d account 
"(a) The position of athletic director of the Naval Academy 
shall be a position in the civil service (as defined in section 2101(1) 
of title 5). However, a member of the armed forces may fill that 
position as an active duty assignment. 
"(b) Under regulations prescribed by the Secretary of the Navy, 
the Superintendent of the Naval Academy shall administer a 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2775 
10 use 6975 
note. 
nonappropriated fund account for the athletics program of the Naval 
Academy. The Superintendent shall credit to that account all reve-
nue received from the conduct of the athletics program of the 
Naval Academy and all contributions received for that program.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"6975. Athletics program: athletic director; nonappropriated fund account.". 
(3) The accoimt referred to in subsection (b) of section 6975 
of title 10, United States Code, as added by paragraph (1), shall 
be established not later than the effective date set forth in sub-
section (e). 
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 of 
such title is amended by adding at the end the following new 
section: 
"§9356. Athletics program: athletic director; nonappro-
priated tana account 
"(a) The position of athletic director of the Academy shall be 
a position in the civil service (as defined in section 2101(1) of 
title 5). However, a member of the armed forces may fill that 
position as an active duty assignment. 
"(b) Under regulations prescribed by the Secretary of the Air Regulations. 
Force, the Superintendent of the Academy shall administer a 
nonappropriated fund account for the athletics program of the Acad-
emy. The Superintendent shall credit to that account all revenue 
received from the conduct of the athletics program of the Academy 
and all contributions received for that program.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"9356. Athletics program: athletic director; nonappropriated fund account.". 
(d) NAVY IMPLEMENTATION STUDY.—Not later than March 15, Reports. 
1995, the Secretary of the Navy shall submit to Congress a report 
on the costs to the Department of the Navy of implementation 
of section 6975 of title 10, United States Code, as added by sub-
section (b). The report shall include a time line and description 
of the actions the Secretary plans to take to implement the require-
ments of that section. 
(e) EFFECTIVE DATE.—Section 6975 of title 10, United States lo use 6975 
Code, as added by subsection (b), shall take effect on January ^°^-
1, 1996. 
SEC. 557. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD 
EFFECTS CAUSED BY HOSTILE ACTION. 
(a) AUTHORITY TO REIMBURSE.—Chapter 163 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 2738. Property loss: reimbursement of members for certain 
losses of household effects caused by hostile 
action 
"(a) AUTHORITY TO REIMBURSE.—The Secretary concerned may 
reimburse a member of the armed forces in an amoimt not more 
than $100,000 for a loss described in subsection (b). 
"(b) COVERED LOSSES.—This section applies with respect to 
a loss of household effects sustained during a move made incident 
to a change of permanent station when, as determined by the 
108 STAT. 2776 
PUBLIC LAW 103-337—OCT. 5, 1994 
10 u s e 2738 
note. 
Secretary, the loss was caused by a hostile action incident to war 
or a warlike action by a military force. 
"(c) LIMITATION.—The Secretary may provide reimbursement 
under this section for a loss described in subsection (b) only to 
the extent that the loss is not reimbursed under insurgmce or 
under the authority of another provision of law. 
"(d) 
APPLICABILITY OF OTHER AUTHORITIES AND REQUIRE-
MENTS.—Subsections (b), (d), (e), if), and (g) of section 2733 of 
this title shall apply to a request for a reimbursement under this 
section as if the request were a claim against the United States.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following: 
"2738. Property loss: reimbursement of members for certain losses of household ef-
fects caused by hostile action.". 
(c) EFFECTIVE DATE.—(1) Section 2738 of title 10, United States 
Code, as added by subsection (a), applies with respect to losses 
incurred after June 30, 1990. 
(2) In the case of a loss incurred after June 30, 1990, and 
before the date of the enactment of this Act, a request for reimburse-
ment shall be filed with the Secretary of the military department 
concerned not later than two years after such date of enactment. 
10 u s e 503 note. 
SEC. 558. MILITARY RECRUITING ON CAMPUS. 
(a) DENIAL OF FUNDS.—(1) No funds available to the Depart-
ment of Defense may be provided by grant or contract to any 
institution of higher education that has a policy of denying, or 
which effectively prevents, the Secretary of Defense fi'om obtaining 
for military recruiting purposes— 
(A) entry to campuses or access to students on campuses; 
or 
(B) access to directory information pertaining to students. 
(2) Students referred to in paragraph (1) are individuals who 
are 17 years of age or older. 
(b) 
PROCEDURES 
FOR 
DETERMINATION.—The Secretary of 
Defense, in consultation with the Secretary of Education, shall 
prescribe regulations that contain procedures for determining if 
and when an educational institution has denied or prevented access 
to students or information described in subsection (a). 
(c) DEFINITION.—For purposes of this section, the term "direc-
tory information" means, with respect to a student, the student's 
name, address, telephone listing, date and place of birth, level 
of education, degrees received, and the most recent previous edu-
cational institution enrolled in by the student. 
10 u s e 4411 
SEC. 559. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN STUDENTS 
note. 
AT FOREIGN LANGUAGE CENTER OF THE DEFENSE LAN-
GUAGE INSTITUTE. 
(a) ADMISSION OF CIVILIANS AS STUDENTS.—(1) The Secretary 
of the Army may enter into an agreement with an accredited 
institution of higher education (or a consortium of such institutions) 
under which students enrolled at an institution of higher education 
that is a party to the agreement may receive instruction at the 
Foreign Language Center of the Defense Language Institute on 
a cost-reimbursable, space-available basis. 
(2) The Secretary may also permit other persons who would 
benefit from the instruction provided at the Center, as determined 
Regulations. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2777 
by the Secretary, to receive instruction at the Center on a cost-
reimbursable, space-available basis. 
(b) SELECTION AND ATTENDANCE.—(1) The Secretary shall select 
the persons who will be permitted to receive instruction at the 
Center pursuant to subsection (a). In the case of agreements under 
subsection (a)(1), the Secretary shall consult with the other parties 
to the agreements to establish qualifications and methods of selec-
tion for persons to receive instruction at the Center. 
(2) Except as the Secretary determines necessary, a person 
who receives instruction at the Center pursuant to subsection (a) 
j 
shall be subject to the same regulations governing attendance, 
/ 
discipline, discharge, and dismissal as apply to other persons attend-
ing the Center. 
(c) RETENTION OF FUNDS.—^Amounts collected under subsection 
(a) to reimburse the Center for the costs of providing instruction 
to students under subsection (a) shall be credited to funds available 
for compensation of instructors at the Center and to defray direct 
civilian student costs to the school. 
(d) CENTER DEFINED.—For purposes of this section, the term 
"Center" means the Foreign Language Center of the Defense Lan-
guage Institute. 
(e) EXPIRATION OF AUTHORITY.—No student may be admitted 
to the Center under subsection (a) to commence a program of 
instruction beginning after September 30,1997. 
SEC. 
660. DISCHARGE OF MEMBERS WHO ARE PERMANENTLY 
NONWORLDWIDE ASSIGNABLE. 
(a) IN GENERAL.—(1) Chapter 59 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 1177. Members who are permanently 
nonworldwide 
assignable: mandatory discharge or retirement; 
counseling 
"(a) REQUIRED SEPARATION.—(1) Subject to paragraph (2), a 
member of the armed forces who is classified as permanently 
nonworldwide assignable due to a medical condition shall (except 
as provided in subsection (c)) be separated. 
"(2) Paragraph (1) shall not be in effect in the case of any 
of the armed forces if the Secretary concerned determines that 
the retention of permanently nonworldwide assignable members 
would not adversely affect the ability of that service to carry out 
its mission. 
"(3) A separation under paragraph (1) shall be made on a 
date determined by the Secretary concerned, which (except as pro-
vided in subsection (b)(2)) shall be as soon as practicable after 
the date on which the determination is made that the member 
should be so classified and not later than the last day of the 
twelfth month beginning after that date. 
"(b) FORM OF SEPARATION.—(1) If a member to be separated 
under this section is eligible to retire imder any provision of law 
or to be transferred to the Fleet Reserve or Fleet Marine Corps 
Reserve, the member shall be so retired or so transferred. Other-
wise, the member shall be discharged. 
"(2) In the case of a member to be discharged under this 
section who on the date on which the member is to be discharged 
is within two years of qualifying for retirement under any provison 
of law, or of qualifying for transfer to the Fleet Reserve or Fleet 
108 STAT. 2778 
PUBLIC LAW 103-337—OCT. 5, 1994 
Marine Corps Reserve under section 6330 of this title, the member 
may, as determined by the Secretary concerned, be retained on 
active duty until the member is qualified for retirement or transfer 
to the Fleet Reserve or Fleet Marine Corps Reserve, as the case 
may be, and then be so retired or transferred, unless the member 
is sooner retired or discharged under any other provision of law. 
"(c) EXCEPTIONS.—The Secretary concerned may waive sub-
section (a) with respect to an individual member of the armed 
forces under the jurisdiction of that Secretary if the Secretary 
determines that there are circumstances that warrant the retention 
of that member. Such circumstances may include— 
"(1) consideration that the medical condition making the 
member permanently nonworldwide assignable was incurred 
in combat or otherwise as the result of an action of the member 
for which the member received a decoration or other recognition 
for personal bravery; 
"(2) consideration that the member has a specific pro-
ficiency or skill that is vital to the national security; and 
"(3) any other circumstance that the Secretary considers 
to be for the good of the service. 
"(d) COUNSELING ABOUT AVAILABLE MEDICAL CARE.—A member 
to be separated under this section shall be provided information, 
in writing, before such separation of the available medical care 
(through the Department of Veterans Affairs and otherwise) to 
treat the member's condition. Such information shall include identi-
fication of specific medical locations near the member's home of 
record or point of discharge at which the member may seek nec-
essary medical care. 
"(e) SEPARATION TO BE CONSIDERED INVOLUNTARY.—A separa-
tion under this section shall be considered to be an involuntary 
separation for purposes of any other provision of law.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1177. Members who are permanently nonworldwide assignable: mandatory dis-
charge or retirement; counseling.". 
10 use 1177 
(b) EFFECTIVE DATE.—Section 1177 of title 10, United States 
"°^®- 
Code, as added by subsection (a), shall apply with respect to mem-
bers determined to be permanently nonworldwide assignable by 
reason of a medical condition before, on, or after the date of the 
enactment of this Act. In the case of such a determination made 
before the date of the enactment of this Act, the period for the 
separation of the member specified in subsection (a) of such section 
shall be treated as beginning on the date of the enactment of 
this Act. 
(c) CONFORMING AMENDMENT.—Section 1174(a)(1) of title 10, 
United States Code, is amended by striking out "section 580" and 
inserting in lieu thereof "section 580, 1177,". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2779 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995. 
37 USC 1009 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment "*^'^-
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 1995 shall not be made. 
(b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effective on Janu-
ary 1, 1995, the rates of basic pay, basic allowance for subsistence, 
and basic allowance for quarters of members of the uniformed 
services are increased by 2.6 percent. 
(c) INCREASE IN CADET AND MIDSHIPMAN PAY.—Effective on 
January 1, 1995, section 203(c)(1) of title 37, United States Code, 
is amended by striking out "$543.90" and inserting in lieu thereof 
"$558.04". 
SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE UNI-
FORMED SERVICES ASSIGNED TO HIGH COST AREAS IN 
THE CONTINENTAL UNITED STATES. 
(a) ALLOWANCE AUTHORIZED.—(1) Chapter 7 of title 37, United 
States Code, is amended by inserting after section 403a the follow-
ing new section: 
"§403b. Cost-of-living allowance in the continental United 
States 
"(a) PAYMENT AUTHORIZED.—The Secretary concerned may pay 
a cost-of-living allowance to the eligible members of a uniformed 
service under the jurisdiction of the Secretary. 
"(b) ELIGIBLE MEMBERS.—The following members are eligible 
to receive a cost-of-living allowance under this section: 
"(1) A member assigned to a high cost area in the continen-
tal United States. 
"(2) A member assigned to an unaccompanied tour of duty 
outside the continental United States if the primary dependent 
of the member resides in a high cost area in the continental 
United States. 
"(3) A member assigned to duty in the continental United 
States if the Secretary of the uniformed service concerned deter-
mines that— 
"(A) the primary dependent of the member must reside 
in a high cost area in the continental United States by 
reason of the member's duty location or other cir-
cumstances; and 
"(B) it would be inequitable for the member's eligibility 
for the allowance to be determined on the basis of the 
duty location of the member. 
"(c) HIGH COST AREA DEFINED.—An area is a high cost area 
for a fiscal year for purposes of this section if the uniformed services 
cost of living for that area for the base period exceeds the average 
cost of living in the continental United States for such base period 
by at least the threshold percentage. The Secretary of Defense, 
in consultation with the other administering Secretaries, shall 
108 STAT. 2780 
PUBLIC LAW 103-337—OCT. 5, 1994 
establish the threshold percentage, except that the threshold 
percentage may not be less than 8 percent. The administering 
Secretaries shall prescribe a higher threshold percentage to be 
applied for a fiscal year when it is necessary to do so in order 
to ensure that the total amount of the pa3Tnents of the cost-of-
living allowance made to members of the uniformed services under 
this section for such fiscal year does not exceed the total amount 
available to all uniformed services for that fiscal year for paying 
such allowance. 
"(d) AMOUNT OF ALLOWANCE.—The cost-of-living allowance that 
may be paid to a member for a high cost area for a fiscal year 
shall be the amount that is equal to the product o
f
— 
"(1) the amount of the average spendable income deter-
mined applicable for the regular military compensation level 
of such member under subsection (g); and 
"(2) the percentage equal to the excess o
f
— 
"(A) the percentage by which the uniformed services 
cost of living for the member's high cost area for the base 
period exceeds the average cost of living in the continental 
United States for such base period, over 
"(B) the threshold percentage applicable to such fiscal 
year under subsection (c). 
"(e) LIMITATION TO ONE ALLOWANCE.—If primary dependents 
of a member reside separately in different high cost areas— 
"(1) the member may be paid only one cost-of-living allow-
ance under this section; and 
"(2) the cost-of-living allowance payable to the member 
shall be the highest of the amounts computed under this section 
for such high cost areas. 
"(f) SERVICE NOT COVERED.—(1) A cost-of-living allowance may 
not be paid a member under this section for the days authorized 
for travel of the member in connection with a permanent change 
of duty station. 
"(2) A member of a reserve component is not eligible for a 
cost-of-living allowance under this section unless the member is 
on active duty under a call or order to active duty that— 
"(A) specifies a period of 140 days or more; or 
"(B) states that the call or order to active duty is in support 
of a contingency operation. 
"(g) AVERAGE SPENDABLE INCOME.—The Secretary of Defense 
shall determine, using a methodology and assumptions that the 
Secretary considers appropriate, the amounts of average spendable 
income of members of the uniformed services for various ranges 
of regular military compensation. For purposes of this subsection, 
spendable income is the total amount of regular military compensa-
tion that is available for purchase of goods and services after 
allocation of amounts for taxes, insurance, housing, gifts and con-
tributions, and savings. 
"(h) JOINT REGULATIONS.—The Secretary of Defense and the 
other administering Secretaries shall jointly prescribe regulations 
to carry out this section. 
"(i) OTHER DEFINITIONS.—In this section: 
"(1) The term 'primary dependent', with respect to a mem-
ber, means— 
"(A) the member's spouse; or 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2781 
"(B) in the case of an unmarried member, a dependent 
described in paragraph (2) or (4) of section 401(a) of this 
title. 
"(2) The term 'cost of hving' means a price index selected 
by the Secretary of Defense, in consultation with the other 
administering Secretaries, from among the following indices: 
"(A) The Consumer Price Index (all items-United 
States city average) published monthly by the Bureau of 
Labor Statistics. 
"(B) Any other index developed in the private sector 
that the Secretary of Defense, in consultation with the 
other administering Secretaries, determines is comparable 
to the Consumer Price Index and is appropriate for use 
for purposes of this section. 
"(3) The term 'uniformed services cost of living' means 
the price index selected as described in paragraph (2) and 
adjusted as the Secretary of Defense, in consultation with the 
other administering Secretaries, considers appropriate to reflect 
variations between expenses of members of the uniformed serv-
ices (as offset by the basic allowance for subsistence) and the 
corresponding expenses of persons not members of the uni-
formed services with regard to the following: 
"(A) Nonhousing costs (including costs of transpor-
tation, goods, and services, taking into consideration sav-
ings attributable to use of such military facilities as com-
missary stores and exchange stores). 
"(B) Average income tax paid. 
"(C) Cost of health care. 
"(4) The term 'base period', with respect to a fiscal year, 
means the 12-month period ending on June 30 of the year 
in which such fiscal year begins. 
"(5) The term 'administering Secretaries' means the follow-
ing: 
"(A) 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). 
"(B) The Secretary of Transportation, with respect to 
the Coast Guard when it is not operating as a service 
in the Navy. 
"(C) The Secretary of Commerce, with respect to the 
National Oceanic and Atmospheric Administration. 
"(D) The Secretary of Health and Human Services, 
with respect to the Public Health Service. 
"(6) The term 'continental United States' means the 48 
contiguous States and the District of Columbia.". 
(2) "Hie table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 403a 
the following new item: 
"403b. Cost-of-living allowance in the continental United States.". 
(b) CONDITIONS ON PROVISION OF ALLOWANCE.—(1) A cost-of- 37 use 403b 
living allowance under section 403b of title 37, United States Code, "°^^ 
as added by subsection (a), may not be provided until after the 
end of the 90-day period beginning on the date the Secretary of 
Defense submits the report required under paragraph (2). 
(2) Before implementing section 403b of title 37, United States Reports. 
Code, the Secretary of Defense, in consultation with the other 
108 STAT. 2782 
PUBLIC LAW 103-337—OCT. 5, 1994 
administering Secretaries (as defined in subsection (h)(6) of such 
section), shall submit to Congress a report describing— 
(A) the methods by which the Secretary of Defense would 
determine the price index to be used under such section and 
the types of nonhousing related costs that will be considered 
under such price index; 
(B) the manner by which the Secretary will establish the 
threshold percentage for purposes of such section; 
(C) the manner in which savings attributable to use of 
such military facilities as commissary stores, exchange stores, 
and military medical treatment facilities will be taken into 
consideration; and 
(D) the methods by which the Secretary proposes to prevent 
uncontrolled growth in Government expenditures through the 
cost-of-living allowance aveiilable under such section. 
SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE TO MEM-
BERS OF SENIOR RESERVE OFFICERS' TRAINING CORPS. 
(a) INCREASE.—Section 209(a) of title 37, United States Code, 
is amended by striking out "$100 a month" in the first sentence 
and inserting in lieu thereof "$150 a month". 
37 use 209 note. 
(b) APPLICATION OF INCREASE.—(1) Except as provided in para-
graph (2), the amendments made by subsection (a) shall apply 
with respect to months beginning after August 31, 1995. 
(2) Upon the approval of the Secretary of Defense, the Secretary 
of a military department may implement such amendments at 
an earlier date with respect to members of the Senior Reserve 
Officers' Training Corps under the jurisdiction of the Secretary 
if funds are available for the monthly subsistence allowances 
authorized by such amendments. 
SEC. 604. TEMPORARY FAMILY HOUSING OR TEMPORARY HOUSING 
ALLOWANCES FOR DEPENDENTS OF MEMBERS WHO DIE 
IN THE LINE OF DUTY. 
(a) TEMPORARY HOUSING.—Section 403(1)(1) of title 37, United 
States Code, is amended by striking out "90 days" and inserting 
in lieu thereof "180 days". 
(b) TEMPORARY HOUSING ALLOWANCES.—Section 403(1)(2) of 
such title is amended by striking out "90 days" both places it 
appears and inserting in lieu thereof "180 days". 
37 use 403 note. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as of October 1, 1993. 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC. 611. EXTENSION 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, 1995" and inserting in lieu thereof "September 30, 1996". 
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1995" and inserting in Heu thereof "September 30, 1996". 
(c) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1995" and inserting in Heu thereof "September 30, 1996". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2783 
(d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 
Section 308h(g) of title 37, United States Code, is amended by 
striking out "September 30, 1995" and inserting in lieu thereof 
"September 30,1996". 
(e) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(i) of title 
37, United States Code, is amended by striking out "September 
30,1995" and inserting in lieu thereof "September 30,1996". 
SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BONUSES AND 
SPECIAL PAY FOR NURSE OFFICER CANDIDATES, REG-
ISTERED NURSES, AND NURSE ANESTHETISTS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(l) of title 10, United States Code, is amended by striking 
out "September 30, 1995," and inserting in Heu thereof "September 
30,1996,". 
(b) 
ACCESSION BONUS FOR REGISTERED NURSES.—Section 
302d(a)(l) of title 37, United States Code, is amended by striking 
out "September 30, 1995," and inserting in lieu thereof "September 
30,1996,". 
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of title 37, United States Code, is amended— 
(1) by striking out "September 30, 1995," and inserting 
. in lieu thereof "September 30,1996,"; and 
(2) by striking out "$6,000" and inserting in lieu thereof 
"$15,000". 
SEC 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF 
OTHER BONUSES AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking out "September 
30,1994" and inserting in lieu thereof "September 30,1995". 
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 
308(g) of title 37, United States Code, is amended by striking 
out "September 30, 1995" and inserting in lieu thereof "September 
30,1996". 
(c) 
ENLISTMENT BONUSES FOR CRITICAL SKILLS.—Sections 
308a(c) and 308f(c) of title 37, United States Code, are each amend-
ed by striking out "September 30, 1995" and inserting in lieu 
thereof "September 30,1996". 
(d) SPECLU. 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, 1995" and inserting in lieu thereof "September 
30,1996". 
(e) 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, 1995" and inserting in lieu thereof "October 1, 
1996". 
(f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME HEALTH 
SPECIALISTS IN THE SELECTED RESERVES.—Section 613(d) of the 
National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 
302 note) is amended by striking out "September 30, 1995" and 
inserting in lieu thereof "September 30,1996". 
(g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING 
PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United 
States Code, is amended by striking out "September 30, 1995" 
and inserting in lieu thereof "September 30,1996". 
108 STAT. 2784 
PUBLIC LAW 103-337—OCT. 5, 1994 
(h) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
title 37, United States Code, is amended by striking out "September 
30, 1995" and inserting in lieu thereof "September 30, 1996". 
(i) 
NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 
312c(d) of title 37, United States Code, is amended by striking 
out "October 1, 1995" and inserting in lieu thereof "October 1, 
1996". 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 621. RESPONSroiLITY FOR PREPARATION OF TRANSPORTATION 
MILEAGE TABLES. 
Section 404(d)(1)(A) of title 37, United States Code, is amended 
by striking out "the Secretary of the Army" and inserting in lieu 
thereof "the Secret£iry of Defense". 
SEC. 622. PAYMENT FOR TRANSIENT HOUSING FOR MEMBERS OF A 
RESERVE COMPONENT PERFORMING CERTAIN TRAINING 
DUTY. 
Section 404 of title 37, United States Code, is amended— 
(1) by redesignating subsection (j) as subsection (k); and 
(2) by inserting after subsection (i) the following new sub-
section: 
"(j)(l) In the case of a member of a reserve component perform-
ing annual training duty or inactive-duty training who is not other-
wise entitled to travel and transportation allowances in connection 
with such duty under subsection (a), the Secretary concerned may 
reimburse the member for housing service charge expenses incurred 
by the member in occupjdng transient government housing during 
the performance of such duty. 
Regulations. 
«(2) Any payment or other benefit under this subsection shall 
be provided in accordance with regulations prescribed by the Sec-
retaries concerned. 
"(3) The Secretary may pay service charge expenses under 
paragraph (1) out of funds appropriated for operation and mainte-
nance for the reserve component concerned.". 
SEC. 623. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO 
PERSONAL EMERGENCIES FOR MEMBERS STATIONED 
OUTSIDE THE CONTINENTAL UNITED STATES. 
Section 411d(b) of title 37, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding the subparagraphs, by 
striking "from the international airport" and all that follows 
through "or the international airport nearest" and inserting 
in lieu thereof "from the location of the member or depend-
ents, at the time notification of the personal emergency 
is received, or"; and 
(B) in subparagraph (A), by striking "closest to the 
international airport" and inserting in lieu thereof "closest 
to the location"; and 
(2) in paragraph (4), by striking "to the international air-
port" and all that follows through the period and inserting 
in lieu thereof "to the location from which the member or 
dependent departed or the member's duty station.". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2785 
SEC. 624. CLARIFICATION OF TRAVEL AND TRANSPORTATION ALLOW-
ANCE OF FAMILY MEMBERS INCIDENT TO SERIOUS ILL-
NESS OR INJURY OF MEMBERS. 
(a) ALLOWANCE IN CASES OF BRAIN DEATH.—Subsection (a) 
of section 411h of title 37, United States Code, is amended— 
(1) in paragraph (1), by striking out "is necessary for" 
and inserting in lieu thereof "may contribute to"; and 
(2) in paragraph (2), by striking out subparagraph (B) 
and inserting in lieu thereof the following new subparagraph: 
"(B) is seriously ill, seriously injured, or in a situation 
of imminent death, whether or not electrical brain activity 
still exists or brain death is declared; and". 
(b) DEFINITION OF HEALTH AND WELFARE.—Subsection (b) of 
such section is amended by adding at the end the following new 
paragraph: 
"(3) In this section, the term ^health and welfare', with respect 
to a member, includes a situation in which a decision must be 
made by family members regarding the termination of artificial 
life support being provided to the member.". 
SEC. 625. APPLICABILITY OF ADDITIONAL FAMILY SEPARATION 
ALLOWANCE TO PERIODS BETWEEN DEPLOYMENTS LESS 
THAN 30 DAYS APART. 
(a) COVERAGE OF PERIOD BETWEEN CERTAIN DEPLOYMENTS.— 
Section 427(b) of title 37, United States Code, is amended— 
(1) in paragraph (2), by striking out the first sentence; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graph: 
"(2) A member who becomes entitled to an allowance under 
this subsection by virtue of duty prescribed in subparagraph (B) 
or (C) of paragraph (1) for a continuous period of more than 30 
days is entitled to the allowance effective as of the earlier o
f
—
-
"(A) the first day of that period; or 
"(B) the first day the member ceased being entitled to 
a previous allowance under this subsection by reason of the 
end of duty prescribed in such subparagraphs, if the member 
ceased being entitled to the previous allowance within 30 days 
before the first day of that period.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 37 use 427 note, 
(a) shall take effect as of Jime 20, 1994. 
Subtitle D—^Retired Pay and Survivor 
Benefits 
SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES 10 USC 1401a 
FOR MILITARY AND CIVILIAN RETIREE COST-OF-LIVING note. 
ADJUSTMENTS FOR FISCAL YEAR 1995. 
(a) IN GENERAL.—The fiscal year 1995 increase in military 
retired pay shall (notwithstanding subparagraph (B) of section 
1401a(b)(2) of title 10, United States Code) first be payable as 
part of such retired pay for the month of March 1995. 
(b) DEFINITIONS.—For the purposes of subsection (a): 
(1) The term "fiscal year 1995 increase in military retired 
pay" means the increase in retired pay that, pursuant to para-
108 STAT. 2786 
PUBLIC LAW 103-337—OCT. 5, 1994 
graph (1) of section 1401a(b) of title 10, United States Code, 
becomes effective on December 1, 1994. 
(2) The term "retired pa/' includes retainer pay. 
(c) LIMITATION.—Subsection (a) shall be effective only if there 
is appropriated to the Department of Defense Military Retirement 
Fund (in an Act making appropriations for the Department of 
Defense for fiscal year 1995 that is enacted before March 1, 1995) 
such amount as is necessary to offset increased outlays to be made 
fi'om that fund during fiscal year 1995 by reason of the provisions 
of subsection (a). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated for fiscal year 1995 to the Department of Defense 
Military Retirement Fimd the sum of $376,000,000 to offset 
increased outlays to be made from that fund during fiscal year 
1995 by reason of the provisions of subsection (a). 
10 use 1401a 
SEC. 632. SENSE OF CONGRESS ON EQUAL TREATMENT OF EFFECTIVE 
note. 
DATES FOR FUTURE COST-OF-LIVING ADJUSTMENTS FOR 
MILITARY AND CIVILIAN RETIREES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Congress, in the Omnibus Budget Reconciliation Act 
of 1993, changed the effective dates for fiiture cost-of-living 
adjustments for military retired pay and for Federal civilian 
retirement annuities, which (before that Act) were provided 
by law to be made effective on December 1 each year. 
(2) The timing, and the percentage of increase, of military 
and Federal civilian retirees' cost-of-living adjustments have 
been linked for decades. 
(3) The effect of the enactment of the Omnibus Budget 
Reconciliation Act of 1993 was to abandon the longstanding 
congressional practice of treating military eind Federal civilian 
retirees identically in matters related to cost-of-living adjust-
ments. 
(b) SENSE OF CONGRESS.—In light of the findings in subsection 
(a), it is the sense of Congress that— 
(1) as a matter of simple equity and fairness, it is impera-
tive that cost-of-living adjustments in retirement benefits for 
military and Federal civilian retirees be returned to an identical 
schedule as soon as possible, but not later than January 1, 
1999; 
(2) if after October 1, 1998, there is, by law, a difference 
between the date on which a cost-of-living adjustment for Fed-
eral civilian retirees takes effect and the date on which a 
cost-of-living adjustment for military retirees takes effect, then 
the difference in those effective dates should be eliminated 
by requiring that cost-of-living adjustments for both classes 
of retirees become effective on the earlier of the two dates; 
and 
(3) if after October 1, 1998, there is, by law, a difference 
between the first month for which a cost-of-living adjustment 
for civili£in retirees is payable and the first month for which 
a cost-of-living adjustment for military retirees is payable, then 
the difference in the months for which those adjustments are 
first payable should be eliminated by requiring that the cost-
of-living adjustments for both classes of retirees first become 
payable for the earlier of the two months. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2787 
SEC. 633. CLARIFICATION OF CALCULATION OF RETIRED PAY FOR 
OFFICERS WHO RETIRE IN A GRADE LOWER THAN THE 
GRADE HELD AT RETIREMENT. 
(a) PREVENTION OF RETIRED PAY BASED ON GRADE HIGHER 
THAN RETIRED GRADE.—Section 1401a(f) of title 10, United States 
Code, is amended— 
(1) in the first sentence, by inserting "based on the grade 
in which the member is retired" after "at an earher date"; 
(2) in the second sentence, by inserting ", except that 
such computation may not be based on a rate of basic pay 
for a grade higher than the grade in which the member is 
retired" before the period at the end; and 
(3) by striking out the third sentence. 
(b) EFFECTIVE DATE.—The amendments made by subsection lo use I40ia 
(a) shall apply with respect to the computation of the retired pay "
°
*
^
® 
of a member of the Armed Forces who retires on or after the 
date of the enactment of this Act. 
SEC. 634. WAIVER OF ADMINISTRATIVE TIME-IN-GRADE REQUIRE- 10 USC 1401a 
MENTS TO PREVENT PAY INVERSIONS IN RETIRED PAY note 
OF CERTAIN MILITARY RETIREES. 
(a) AUTHORITY.—The Secretary concerned may, for purposes 
of the computation under section 1401a(D of title 10, United States 
Code, of the retired pay of military retirees described in subsection 
(b), waive any administrative time-in-grade regulation (as described 
in subsection (d)) that would otherwise apply to such computation. 
Any such waiver may be made retroactive, in the case of any 
such retiree, to the date on which that retiree initially became 
entitled to retired pay. 
(b) COVERED RETIREES.—This section applies to any military 
retiree— 
(1) who initially became entitled to retired pay on or after 
January 1, 1971, and before the date of the enactment of 
this Act; 
(2) whose retired pay, by reason of the provisions of section 
1401a(f) of title 10, United States Code (the so-called "Tower 
amendment"), was initially computed as gin amount greater 
than would have been the case but for that section; and 
(3) who, as of the earlier computation date applicable to 
that retiree— 
(A) in the case of an individual retired in an enlisted 
grade, had served in the grade in which the retiree retired 
for a period that was less than the period prescribed by 
the applicable administrative time-in-grade requirement 
described in subsection (d); and 
(B) in the case of an individual retired in an officer 
grade— 
(i) was subject to an administrative time-in-grade 
requirement described in subsection (d) that estab-
lished a time-in-grade requirement that was longer 
than 
the 
statutory 
time-in-grade 
requirement 
applicable to that member; and 
(ii) had served in the grade in which the retiree 
retired for a period that was less than the period 
prescribed 
by 
such 
administrative 
time-in-grade 
requirement but not less than the statutory time-in-
grade requirement applicable to that member. 
108 STAT. 2788 
PUBLIC LAW 103-337—OCT. 5, 1994 
(c) EARLIER COMPUTATION DATE.—For purposes of subsection 
(b)(3), the earlier computation date applicable to a military retiree 
is the date that (under such section 1401a(f) as in effect on the 
date of the member's retirement) was the "earlier date" that was 
used as the basis for the computation of the retiree's retired pay. 
(d) REGULATIONS SUBJECT TO WAIVER.—A regulation that may 
be waived under subsection (a) is any regulation (not required 
by law) that establishes a minimum period of time that a member 
of the Armed Forces must have served in a grade on active duty 
in order to be eligible to retire in that grade. 
(e) SCOPE OF WAIVER AUTHORITY.—The Secretary concerned 
may exercise the authority provided in subsection (a) in the case 
of an individual military retiree or for any group of military retirees. 
(f) MILITARY RETIREE DEFINED.—For purposes of this section, 
the term "military retiree" means a member or former member 
of the Armed Forces who is entitled to retired pay. 
(g) SECRETARY CONCERNED.—For purposes of this section, the 
term "Secretary concerned" has the meaning given such term in 
section 101 of title 10, United States Code. 
SEC. 63S. CREDITING OF RESERVE SERVICE OF ENLISTED MEMBERS 
FOR COMPUTATION OF RETIRED PAY. 
(a) ARMY.—(1) Section 3925 of title 10, United States Code, 
is amended— 
(A) in subsection (a), by striking out "and of computing 
his retired pay under section 3991 of this title,"; and 
(B) by striking out subsection (c). 
(2)(A) Paragraph (1) of subsection (a) of section 3991 of such 
title is amended to read as follows: 
"(1) FORMULA.—The monthly retired pay of a member enti-
tled to such pay under this 
subtitle is computed by 
multiplying— 
"(A) the member's retired pay base (as computed under 
section 1406(c) or 1407 of this title), by 
"(B) the retired pay multiplier prescribed in section 
1409 of this title for the number of years credited to the 
member imder section 1405 of this title.". 
(B) Subsection (b) of such section is amended— 
. 
(i) in paragraph (1), by striking out "of the table"; and 
(ii) by striking out paragraph (3). 
(3) The text of section 3992 of such title is amended to read 
as follows: 
"(a) ENTITLEMENT TO RECOMPUTATION.—An enlisted member 
or warrant officer of the Army who is advanced on the retired 
list under section 3964 of this title is entitled to recompute his 
retired pay in accordance with this section. 
"(b) FORMULA.—The monthly retired pay of a member entitled 
to recompute that pay under this section is computed by 
multiplying— 
"(1) the member's retired pay base (as computed under 
section 1406(c) or 1407 of this title), by 
"(2) the retired pay multiplier prescribed in section 1409 
of this title for the number of years credited to the member 
under section 1405 of this title. 
"(c) ROUNDING TO NEXT LOWER DOLLAR.—The amount com-
puted under subsection (b), if not a multiple of $1, shall be rounded 
to the next lower multiple of $1.". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2789 
(b) NAVY AND MARINE CORPS.—The table in section 6333(a) 
of title 10, United States Code, is amended by striking out 'liis 
years of active service in the armed forces" in formula C under 
the column designated "Column 2" and inserting in lieu thereof 
"the years of service that may be credited to him under section 
1405.". 
(c) AIR FORCE.—(1) Section 8925 of title 10, United States 
Code, is amended— 
(A) in subsection (a), by striking out "and of computing 
his retired pay under section 8991 of this title,"; and 
(B) by striking out subsection (c). 
(2)(A) Paragraph (1) of subsection (a) of section 8991 of such 
title is amended to read as follows: 
"(1) FORMULA.—The monthly retired pay of a member enti-
tled to such pay imder this 
subtitle is computed by 
multipljdng— 
"(A) the member's retired pay base (as computed under 
section 1406(e) or 1407 of this title), by 
"(B) the retired pay multiplier prescribed in section 
1409 of this title for the number of years credited to the 
member under section 1405 of this title.". 
(B) Subsection (b) of such section is amended— 
(i) in paragraph (1), by striking out "of the table"; and 
(ii) by striking out paragraph (3). 
(3) The text of section 8992 of such title is amended to read 
as follows: 
"(a) ENTITLEMENT TO RECOMPUTATION,—^An enlisted member 
or warrant officer of the Air Force who is advanced on the retired 
list under section 8964 of this title is entitled to recompute his 
retired pay in accordance with this section. 
"(b) FORMULA.—The monthly retired pay of a member entitled 
to recompute that pay under this section is computed by 
multiplying— 
"(1) the member's retired pay base (as computed under 
section 1406(e) or 1407 of this title), by 
"(2) the retired pay multiplier prescribed in section 1409 
of this title for the number of years credited to the member 
under section 1405 of this title. 
"(c) ROUNDING TO NEXT LOWER DOLLAR.—The amount com-
puted under subsection (b), if not a multiple of $1, shall be rounded 
to the next lower multiple of $1.". 
(d) CONFORMING AMENDMENT.—Section 1405 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(c) EXCLUSION OF TIME REQUIRED TO B E MADE UP.—Time 
required to be made up by an enlisted member of the Army or 
Air Force under section 972 of this title may not be counted in 
determining years of service under subsection (a).". 
(e) EFFECTIVE DATE.—This section shall apply to— 
(1) the computation of the retired pay of any enlisted lo use 1405 
member who retires on or after the date of the enactment "°^'' 
of this Act; 
(2) the computation of the retainer pay of any enlisted 
member who is transferred to the Fleet Reserve or the Fleet 
Marine Corps Reserve on or after the date of the enactment 
of this Act; and 
108 STAT. 2790 
PUBLIC LAW 103-337—OCT. 5, 1994 
Regulations. 
Regulations. 
10 use 1452 
note. 
(3) the recomputation of the retired pay of any enhsted 
member who is adv£inced on the retired hst on or after the 
date of the enactment of this Act. 
SEC. 636. MINIMUM REQUIRED RESERVE SERVICE FOR ELIGIBILITY 
FOR RETIRED PAY FOR NONREGULAR SERVICE DURING 
FORCE DRAWDOWN PERIOD. 
Section 1331 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(f) In the case of a person who completes the service require-
ments of subsection (a)(2) during the period beginning on the date 
of the enactment of this subsection and ending on September 30, 
1999, the provisions of subsection (a)(3) shall be applied by 
substituting 'the last six years' for 'the last eight years'.". 
SEC. 637. SEP PREMIUMS FOR RESERVE-COMPONENT 
CHILD-ONLY 
COVERAGE. 
(a) DETERMINATION OF PREMIUMS.—Subsection (b) of section 
1452 of title 10, United States Code, is amended to read as follows: 
"(b) CHILD-ONLY ANNUITIES.— 
"(1) REQUIRED REDUCTION IN RETIRED PAY.—The retired 
pay of a participant in the Plan who is providing child-only 
coverage (as described in paragraph (4)) shall be reduced by 
an amount prescribed under regulations by the Secretary of 
Defense. 
"(2) No REDUCTION WHEN NO CHILD.—There shall be no 
reduction in retired pay under paragraph (1) for any month 
during which the participant has no eligible dependent child. 
"(3) SPECIAL RULE FOR CERTAIN RCSBP PARTICIPANTS.—In 
the case of a participant in the Plan who is participating 
in the Plsin under an election under section 1448(a)(2)(B) of 
this title and who provided child-only coverage during a period 
before the participant becomes entitled to receive retired pay, 
the retired pay of the participant shall be reduced by an amount 
prescribed under regulations by the Secretary of Defense to 
reflect the coverage provided under the Plan during the period 
before the participant became entitled to receive retired pay. 
A reduction under this paragraph is in addition to any reduction 
under paragraph (1) and is made without regard to whether 
there is an eligible dependent child during a month for which 
the reduction is made. 
"(4) CHILD-ONLY COVERAGE DEFINED.—For the purposes of 
this subsection, a participant in the Plan who is providing 
child-only coverage is a participant who has a dependent child 
and who— 
"(A) does not have an eligible spouse or former spouse; 
or 
"(B) has a spouse or former spouse but has elected 
to provide an annuity for dependent children only.". 
(b) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 
the amendment made by subsection (a) applies to any election 
for child-only coverage under a reserve-component annuity under 
the Survivor Benefit Plan, whether made before, on, or after the 
date of the enactment of this Act. 
(2) Paragraph (1) does not apply in a case of an election referred 
to in that paragraph that was made before the date of the enactment 
of this Act if the participant was informed, in writing, before the 
date of the enactment of this Act that no reduction in the partici-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2791 
pant's retired pay for child-only coverage would be made during 
a period when there was no eligible dependent child. 
SEC. 638. DISCONTINUATION OF INSURABLE INTEREST COVERAGE 
UNDER SURVIVOR BENEFIT PLAN. 
Paragraph (1) of section 1448(b) of title 10, United States 
Code, is amended— 
(1) by inserting "(A)" after "(1)"; and 
(2) by adding at the end the following: 
"(B) An election under subparagraph (A) for a beneficiary who 
is not the former spouse of the person providing the annuity may 
be terminated. Any such termination shsill be made by a participant 
by the submission to the Secretary concerned of a request to dis-
continue participation in the Plan, and such participation in the 
Plan shall be discontinued effective on the first day of the first 
month following the month in which the request is received by 
the Secretary concerned. Effective on such date, the Secretary con-
cerned shall discontinue the reduction being made in such person's 
retired pay on account of participation in me Plan or, in the case 
of a person who has been required to make deposits in the Treasury 
on account of participation in the Plan, such person may discontinue 
making such deposits effective on such date. 
"(C) A request imder subparagraph (B) to discontinue participa-
tion in the Plan shall be in such form and shall contsdn such 
information as may be required under regulations prescribed by 
the Secretary of Defense. 
"(D) The Secretary concerned shall furnish promptly to each 
person who submits a request under subparagraph (B) to dis-
continue participation in the Plan a written statement of the advan-
tages and disadvantages of participating in the Plein and the pos-
sible disadvantages of discontinuing participation. A person may 
withdraw the request to discontinue participation if withdrawn 
within 30 days after having been submitted to the Secretary con-
cerned. 
"(E) Once participation is discontinued, benefits may not be 
paid in conjunction with the earlier participation in the Plan and 
premiums paid may not be refimded. Participation in the Plan 
may not later be resumed except through a qualified election under 
paragraph (5) of subsection (a).". 
SEC. 639. FORFEITURE OF ANNUITY OR RETIRED PAY OF MEMBERS 
CONVICTED OF ESPIONAGE UNDER UCMJ. 
(a) FORFEITURE.—Section 8312(b)(2)(A) of title 5, United States 
Code, is amended by striking out "or article 106 (spies)" and insert-
ing in lieu thereof ", article 106 (spies), or article 106a (espionage)". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 5 use 8312 note, 
shall take effect on the date of the enactment of this Act and 
shall apply to persons convicted of espionage under section 906a 
of title 10, United States Code (article 106a of the Uniform Code 
of Military Justice), on or after the date of the enactment of this 
Act. 
SEC. 640. TREATMENT OF RETIRED AND RETAINER PAY OF MEMBERS 
OF CADRE OF CIVILIAN COMMUNITY CORPS. 
Section 159(c)(3) of the National and Community Service Act 
of 1990 (42 U.S.C. 12619(c)(3)) is amended by adding at the end 
the following: "In the case of a member of the permanent cadre 
who was recommended for appointment in accordance with section 
108 STAT. 2792 
PUBLIC LAW 103-337—OCT. 5, 1994 
162(a)(2)(A) and is entitled to retired or retainer pay, section 5532 
of title 5, United States Code, shall not apply to reduce the member's 
retired or retainer pay by reason of the member being paid as 
a member of the cadre.". 
Subtitle E—Other Matters 
SEC. 651. ELIGIBILITY OF MEMBERS RETIRED UNDER TEMPORARY 
SPECIAL RETIREMENT AUTHORITY FOR SERVICEMEN'S 
GROUP LIFE INSURANCE. 
(a) ELIGIBILITY.—Section 1965(5) of title 38, United States Code, 
is amended— 
(1) by striking out "and" at the end of subparagraph (C); 
(2) by redesignating subparagraph (D) as subparagraph 
(E); and 
(3) by inserting after subparagraph (C) the following new 
subparagraph (D): 
"(D) a person transferred to the Retired Reserve of 
a uniformed service under the temporary special retirement 
authority provided in section 1331a of title 10 who has 
not received the first increment of retirement pay or has 
not reached sixty-one years of age; and". 
(b) INSURANCE COVERAGE.—Section 1967(a) of such title is 
amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by adding "and" at the end of paragraph (3); 
(3) by inserting after paragraph (3) the following: 
"(4) any member assigned to the Retired Reserve of a 
uniform service who meets the qualifications set forth in section 
1965(5)(D) of this title;"; and 
(4) in the second sentence, by inserting after "section 
1965(5)(C) of this title," the following: "or the first day a mem-
ber of the Reserves meets the qualifications of section 
1965(5)(D) of this title,". 
(c) DURATION OF COVERAGE.—Section 1968(a) of such title is 
amended— 
(1) in the matter preceding paragraph (1), by striking out 
"section 1965(5) (B) or (C)" and inserting in lieu thereof 
"subparagraph (B), (C), or (D) of section 1965(5)"; 
(2) in paragraph (4)— 
(A) by striking out "or" at the end of subparagraph 
(A); 
(B) by striking out the period at the end of subpara-
graph (B) and inserting in lieu thereof"; or"; and 
(C) by adding at the end the following new subpara-
graph: 
"(C) unless on the date of such separation or release 
the member is transferred to the Retired Reserve of a 
uniformed service under the temporary special retirement 
authority provided in section 1331a of title 10, in which 
event the insurance, unless converted to an individual pol-
icy under terms and conditions set forth in section 1977(e) 
of this title, shall, upon timely pa3anent of premiums under 
terms prescribed by the Secretary directly to the adminis-
trative office established under section 1966(b) of this title, 
continue in force until receipt of the first increment of 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2793 
retirement pay by the member or the member's sixty-first 
birthday, whichever occurs earher."; and 
(3) by adding at the end the following: 
"(6) with respect to a member of the Retired Reserve who 
meets the qualifications of section 1965(5)(D) of this title, at 
such time as the member receives the first increment of retire-
ment pay, or the member's sixty-first birthday, whichever 
occurs earlier, subject to the timely pajnnent of the initial 
and subsequent premiums, under terms prescribed by the Sec-
retary, directly to the administrative office established under 
section 1966(b) of this title.", 
(d) DEDUCTIONS.—Section 1969 of such title is amended— 
38 use 1969. 
(1) in subsection (a)(2)— 
(A) by striking out "or is assigned" and inserting in 
lieu thereof "is assigned"; and 
(B) by inserting after "section 1965(5)(C) of this title," 
the following: "or is assigned to the Retired Reserve and 
meets the qualifications of section 1965(5)(D) of this title,"; 
and 
(2) in subsection (e), by striking out "section 1965(5)(C)" 
in the first sentence and inserting in lieu thereof "subparagraph 
(C) or (D) of section 1965(5)". 
SEC. 652. TRANSPORTATION OF REMAINS. 
(a) TRANSPORTATION OF REMAINS OF DECEASED RETIRED MEM-
BERS WHO DIE OUTSIDE UNITED STATES.—(1) Section 1481 of title 
10, United States Code, is amended— 
(A) in subsection (a)— 
(i) by striking out "the remains of—" and inserting 
in lieu thereof "the remains of the following persons:"; 
(ii) by capitalizing the first letter of the first word 
in each paragraph; 
(iii) by striking out the semicolon at the end of each 
paragraph (other than paragraphs (7) and (8)) and inserting 
in lieu thereof a period; 
(iv) by striking out "; and" at the end of paragraph 
(7) and inserting in lieu thereof a period; and 
(v) by adding after paragraph (8) the following new 
paragraph: 
"(9) To the extent authorized under section 1482(g) of this 
title, any retired member of an armed force who dies while 
outside the United States or any individual who dies outside 
the United States while a dependent of such a member."; and 
(B) by adding at the end the following new subsection: 
"(c) In this section, the term 'dependent' has the meeining 
given such term in section 1072(2) of this title.". 
(2) Section 1482 of such title is amended by adding at the 
end the following new subsection: 
"(g) The payment of expenses incident to the recovery, care, 
and disposition of a decedent covered by section 1481(a)(9) of this 
title is limited to the pa5anent of expenses described in paragraphs 
(1) through (5) of subsection (a) and air transportation of the 
remains from a location outside the United States to a point of 
entry in the United States. Such air transportation may be provided 
without reimbursement on a space-available basis in military or 
military-chartered aircraft. The Secretary concerned shall pay all 
other expenses authorized to be paid under this subsection only 
note. 
108 STAT. 2794 
PUBLIC LAW 103-337—OCT. 5, 1994 
on a reimbursable basis. Amounts reimbursed to the Secretary 
concerned under this subsection shall be credited to appropriations 
available, at the time of reimbursement, for the pa3nnent of such 
expenses.". 
10 use 1481 
(3) The amendments made by this subsection shall apply with 
respect to the remains of, and incidental expenses incident to the 
recovery, care, Euid disposition of, an individual who dies after 
the date of the enactment of this Act. 
(b) TRANSPORTATION OF REMAINS OF DECEASED VETERANS ON 
AEROMEDICAL EVACUATION AIRCRAFT.—(1) Subsection (a) of section 
2641 of title 10, United States Code, is amended by inserting 
before the period the following: "or of transporting the remains 
of a deceased veteran who died at such a facility after being trans-
ported to the facility under this subsection. Transportation of the 
remains of a deceased veteran under this subsection may be pro-
vided to the place from which the veteran was transported to 
the facility or to any other destination which is not farther away 
from the facility than such place". 
(2) Such section is further amended— 
(A) in subsection (b)— 
(i) in the matter preceding paragraph (1), by inserting 
"(or for the remains of a veteran)" after "furnished to 
a veteran"; 
(ii) in paragraph (1), by inserting "(or of the remains 
of such veteran)" after "of such veteran"; and 
(iii) in paragraph (2), by inserting "(or the remcdns 
of the veteran)" after "for the veteran"; 
(B) in subsection (d)(1)— 
(i) by inserting "(or on the survivors of a veteran)" 
after "on a veteran"; and 
(ii) by inserting "(or for the remains of the veteran)" 
after "to the veteran"; and 
(C) in subsection (d)(2), by inserting "(or for the remains 
of veterans)" after "to veterans". 
SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR DEPART-
MENT OF DEFENSE PERSONNEL OUTSIDE THE UNITED 
STATES. 
(a) IN GENERAL.—Chapter 53 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 1060a. Special supplemental food program 
"(a) AUTHORITY.—The Secretary of Defense may carry out a 
program to provide special supplemental food benefits to members 
of the armed forces on duty at stations outside the United States 
(and its territories and possessions) and to eligible civilians serving 
with, employed by, or accompan5dng the armed forces outside the 
United States (and its territories and possessions). 
"(b) FEDERAL PAYMENTS AND COMMODITIES.—For the purpose 
of obtaining Federal payments eind commodities in order to carry 
out the program referred to in subsection (a), the Secretary of 
Agriculture shall make available to the Secretary of Defense from 
ftmds appropriated for such purpose, the same payments and 
commodities as are made for the special supplemental food program 
in the United States under section 17 of the Child Nutrition Act 
ofl966(42U.S.C. 1786). 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2795 
"(c) 
PROGRAM 
ADMINISTRATION.—(1)(A) The 
Secretary 
of 
Defense shall administer the program referred to in subsection 
(a) and, except as provided in subparagraph (B), shall determine 
eligibility for program benefits under the criterion published by 
the Secretary of Agriculture under section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786). 
"(B) The Secretary of Defense shall prescribe regulations Regulations, 
governing computation of income eligibility standards for families 
of individuals participating in the program under this section. 
"(2) The program benefits provided under the program shall 
be similar to benefits provided by State and local agencies in 
the United States. 
"(d) DEPARTURE FROM STANDARDS.—The Secretary of Defense 
may authorize departures fi-om standards prescribed by the Sec-
retary of Agriculture regarding the supplemental foods to be made 
available in the program when local conditions preclude strict 
compliance or when such compliance is highly impracticable, 
"(e) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to administer the program authorized by this section. 
"(f) DEFINITIONS.—In this section: 
"(1) The term 'eligible civilian' means— 
"(A) a dependent of a member of the armed forces 
residing with the member outside the United States; 
"(B) an employee of a military department who is a 
national of the United States and is residing outside the 
United States in connection with such individual's employ-
ment or a dependent of such individual residing with the 
employee outside the United States; or 
"(C) an employee of a Department of Defense contractor 
who is a national of the United States and is residing 
outside the United States in connection with such individ-
ual's employment or a dependent of such individual resid-
ing with the employee outside the United States. 
"(2) The term 'national of the United States' means— 
"(A) a citizen of the United States; or 
"(B) a person who, though not a citizen of the United 
States, owes permanent allegiance to the United States 
(as defined in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22))). 
"(3) The term 'dependent' has the meaning given such 
term in subparagraphs (A), (D), (E), and (I) of section 1072(2) 
of this title.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 53 of title 10, United States Code, is amended 
by adding at the end the following new item: 
"1060a. Special supplemental food program.". 
SEC. 654. STUDY OF OFFSET OF DISABILITY COMPENSATION BY 
RECEIPT OF SEPARATION BENEFITS AND INCENTIVES. 
(a) STUDY REQUIRED.—The Comptroller General of the United 
States shall carry out a study regarding the requirement in each 
of the following provisions of title 10, United States Code, to offset 
the amount of disability compensation payable to a veteran by 
the amount of the separation benefits paid to the veteran under 
such provision of law: 
(1) Section 1174, relating to payment of separation pay 
upon involuntary discharge or release from active duty. 
79-194 O—95—6 : QL 3 Part 4 
108 STAT. 2796 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) Section 1174a(a), relating to pa3rment of a special sepa-
ration benefit for voluntary separation. 
(3) Section 1175, relating to payment of a voluntary separa-
tion incentive. 
(b) ELEMENTS OF STUDY.—In carrying out the study required 
under subsection (a), the Comptroller General shall— 
(1) determine the purposes of the provisions of law referred 
to in such subsection; 
(2) determine the justifications for the requirement for 
offset of disability compensation provided in each such provision 
of law; 
(3) assess the financial effects of the offset requirements 
on affected veterans, and the fiscal effects of the offset require-
ments on the Federal Government, taking into consideration— 
(A) an estimate (by the Comptroller General) of the 
number of members of the Armed Forces who will separate 
from the Armed Forces during the period beginning on 
the date of the enactment of this Act and ending on Septem-
ber 30, 1999; 
(B) an estimate (by the Comptroller General) o
f
—
• 
(i) the number of such members who will receive 
separation benefits under the provisions of law referred 
to in subsection (a); and 
(ii) the average amount of the benefits to be paid 
such members; 
(C) an estimate (by the Comptroller General) of— 
(i) the number of such members who will be enti-
tled to disability compensation payable by the Sec-
retary of Veterans Affairs; and 
(ii) the average monthly amount of the compensa-
tion to which such members will be entitled; and 
(D) an assessment (by the Comptroller General) of 
the extent, if any, to which the offset affects the capacity 
of such members to meet their financial obligations, includ-
ing financial obligations incurred in connection with service 
in the Armed Forces or with separation from that service, 
and increased net costs for housing and medical care; 
(4) determine the extent, if any, to which the offset of 
disability compensation required under the provisions of law 
referred to in subsection (a) reduces the effectiveness of such 
provisions of law for achieving the purposes of those provisions 
of law; and 
(5) determine the cost to the Federal Government that 
would result from repeal of the offset requirements in such 
provisions of law. 
Reports. 
(c) RESULTS OF STUDY.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General shall 
submit to the Committees on Armed Services and the Committees 
on Veterans' Affairs of the Senate and the House of Representatives 
a report containing the results of the study required under sub-
section (a). The report shall include recommendations of the 
Comptroller General for improvement of the separation benefits 
under the provisions of law referred to in subsection (a). 
'5ra'«- ,•3*-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2797 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—^Health Care Services 
SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO INCLUDE 
YOUNG PEOPLE BEING ADOPTED BY MEMBERS OR 
FORMER MEMBERS. 
(a) ELIGIBILITY FOR HEALTH BENEFITS.—Section 1072 of title 
10, United States Code, is amended— 
(1) in paragraph (2)(D), by striking out the matter preced-
ing clause (i) and inserting in lieu thereof the following: 
"(D) a child who—"; and 
(2) by adding at the end the following new paragraph: 
"(6) The term 'child', with respect to a member or former 
member of a uniformed service, means the following: 
"(A) An unmarried legitimate child. 
"(B) An unmarried adopted child. 
"(C) An unmarried stepchild. 
"(D) An unmarried person— 
"(i) who is placed in the home of the member 
or former member by a placement agency (recognized 
by the Secretary of Defense) in anticipation of the 
legal adoption of the person by the member or former 
member; and 
"(ii) who otherwise meets the requirements speci-
fied in paragraph (2)(D).". 
(b) CONFORMING AMENDMENT.—Section 401(b)(1)(B) of title 37, 
United States Code, is amended by striking out "placement agency 
for the purpose of adoption" and inserting in lieu thereof "placement 
agency (recognized by the Secretary of Defense) in anticipation 
of the legal adoption of the child by the member". 
SEC. 
702. 
TREATMENT 
OF 
CERTAIN 
DEPENDENTS 
AS 
CHILDREN 
FOR 
PURPOSES OF CHAMPUS, 
DEPENDENTS' 
DENTAL 
PRO-
GRAM, 
AND 
CONTINUED 
HEALTH 
BENEFITS 
COVERAGE. 
(a) CHAMPUS.—(1) Subsection (a) of section 1079 of title 10, 
United States Code, is amended in the first sentence by striking 
out "spouses and children" and inserting in lieu thereof "dependents, 
as described in subparagraphs (A), (D), and (I) of section 1072(2) 
of this title,". 
(2) Subsection (d) of such section is amended by striking out 
"as defined in section 1072(2) (A) or (D)" and inserting in lieu 
thereof "as described in subparagraph (A), (D), or (I) of section 
1072(2)". 
(b) DEPENDENTS' DENTAL PROGRAM.—Section 1076a of such 
title is amended— 
(1) in subsection (a)(1), by striking out "spouses and chil-
dren (as described in section 1072(2)(D) of this title)" and 
inserting in lieu thereof "eligible dependents"; 
(2) in subsection (e), by striking out "spouse or child" and 
inserting in lieu thereof "eligible dependent"; 
(3) in subsection (f), by striking out "spouse or children" 
both places it appears and inserting in lieu thereof "eligible 
dependents"; and 
(4) by adding at the end the following new subsection: 
108 STAT. 2798 
PUBLIC LAW 103-337-OCT. 5, 1994 
"(h) ELIGIBLE DEPENDENT DEFINED.—In this section, the term 
'eUgible dependent' means a dependent described in subparagraph 
(A), (D), or (I) of section 1072(2) of this title.". 
10 use 1078a. 
(c) CONTINUED HEALTH BENEFITS COVERAGE.—Section 1078a 
of such title is amended— 
(1) in subsection (b)(2)(A), by inserting before the semicolon 
the following: "or ceases to meet the requirements for being 
considered an unmarried dependent under section 1072(2)(I) 
of this title"; 
(2) in subsection (c)(3)— 
(A) by striking out "child" both places it appears and 
inserting in lieu thereof "dependent"; and 
(B) by striking out "child's" each place it appears and 
inserting in lieu thereof "dependent's"; 
(3) in subsection (d)(2)(A)— 
(A) by striking out "child" the first, second, and fourth 
places it appears and inserting in lieu thereof "dependent"; 
and 
(B) by striking out "an unmarried dependent child 
under section 1072(2)(D) of this title," and inserting in 
lieu thereof "a dependent under subparagraph (D) or (I) 
of section 1072(2) of this title;"; 
(4) in subsection (d)(2)(B)— 
(A) by striking out "child's" and inserting in lieu thereof 
"dependent's"; and 
(B) by striking out "child" and inserting in lieu thereof 
"dependent"; 
(5) in subsection (g)(1)(B), by striking out "an unmarried 
dependent child under section 1072(2)(D) of this title" and 
inserting in lieu thereof "a dependent under subparagraph (D) 
or (I) of section 1072(2) of this title"; and 
(6) in subsection (g)(2), by striking out "child" both places 
it appears and inserting in lieu thereof "dependent". 
SEC. 703. AVAILABILITY OF DEPENDENTS' DENTAL PROGRAM OUTSIDE 
THE UNITED STATES. 
(a) PROGRAM EXPANSION.—Section 1076a of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (h), as added by section 
702(b)(4), as subsection (i); and 
(2) by inserting after subsection (g) the following new sub-
section: 
"(h) CARE OUTSIDE THE UNITED STATES.—The Secretary may 
exercise the authority provided under subsection (a) to establish 
basic dental benefits plans for the provision of dental benefits 
outside the United States for the eligible dependents of members 
of the uniformed services accompanying the members on permanent 
assignments to duty outside the United States.". 
(b) CONFORMING AMENDMENT.—Section 1077(c) of such title 
is amended by striking out "and care" and inserting in lieu thereof 
", dental care provided outside the United States, and dental care". 
SEC. 704. 
AUTHORIZATION FOR 
MEDICAL 
AND 
DENTAL CARE 
FOR 
ABUSED 
DEPENDENTS 
OF 
CERTAIN 
MEMBERS. 
(a) ADDITIONAL BASIS FOR CARE.—Subsection (e) of section 1076 
of title 10, United States Code, is amended— 
(1) by striking out paragraph (1) and inserting in lieu 
thereof the following new paragraph: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2799 
"(1) Subject to paragraph (3), if an abused dependent of a 
former member of a uniformed service described in paragraph (4) 
needs medical or dental care for an injury or illness resulting 
from abuse by the member, the administering Secretary may, upon 
request of the abused dependent, furnish medical or dental care 
to the dependent for the treatment of such injury or illness in 
facilities of the uniformed services."; and 
(2) by adding at the end the following new paragraph: 
"(4)(A) A former member of a uniformed service referred to 
in paragraph (1) is a member who— 
"(i) received a dishonorable or bad-conduct discharge or 
was dismissed from a uniformed service as a result of a court-
martial conviction for an offense, imder either military or civil 
law, involving abuse of a dependent of the member; or 
"(ii) was administratively discharged from a uniformed 
service as a result of such an offense. 
"(B) A determination of whether an offense involved abuse 
of a dependent of the member shall be made in accordance with 
regulations prescribed by the administering Secretary for such uni-
formed service.". 
(b) CONFORMING AMENDMENTS.—Such subsection is further 
amended— 
(1) by inserting "former" before "member" each place it 
appears in paragraphs (2) and (3); 
(2) in paragraph (2), by striking out "paragraph (1)(A)" 
and inserting in lieu thereof "paragraph (4)"; and 
(3) in paragraph (3)(C)— 
(A) by striking out "is" and inserting in lieu thereof 
"was"; and 
(B) by striking out "paragraph (1)(A)" and inserting 
in lieu thereof "paragraph (4)". 
(c) PERSONAL SERVICE CONTRACTS TO PROVIDE CARE.—(1) The lo use io9i 
Secretary of Defense may enter into personal service contracts 
under the authority of section 1091 of title 10, United States Code, 
with persons described in paragraph (2) to provide the services 
of clinical counselors, family advocacy program staff, and victim's 
services representatives to members of the Armed Forces and cov-
ered beneficiaries who require such services. Notwithstanding sub-
section (a) of such section, such services may be provided in medical 
treatment facilities of the Department of Defense or elsewhere 
as determined appropriate by the Secretary. 
(2) The persons with whom the Secretary may enter into a 
personal services contract under this subsection shall include clini-
cal social workers, psychologists, psychiatrists, and other com-
parable professionals who have advanced degrees in counseling 
or related academic disciplines and who meet all requirements 
for State licensure and board certification requirements, if any, 
within their fields of specialization. 
SEC. 705. ADDITIONAL AUTHORIZED HEALTH CARE SERVICE AVAIL-
ABLE THROUGH MILITARY HEALTH CARE SYSTEM. 
Section 1077(b)(2)(B) of title 10, United States Code, is amended 
by inserting after "artificial limbs" the following: ", voice pros-
theses,". 
note. 
108 STAT. 2800 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 706. DEMONSTRATION PROGRAMS FOR SALE OF PHARMA-
CEUTICALS. 
(a) PERSONS ELIGIBLE FOR PARTICIPATION.—Subsection (c)(2) 
of section 702 of the National Defense Authorization Act for Fiscal 
Year 1993 (Pubhc Law 102-484; 10 U.S.C. 1079 note) is amended 
by striking out subparagraph (B) and inserting in lieu thereof 
the following new subparagraph: 
"(B) either— 
"(i) resides in an area that is adversely affected 
(as determined by the Secretary) by the closure of 
a health care facility of the uniformed services as a 
result of the closure or realignment of the military 
installation at which such facility is located; or 
"(ii) can demonstrate to the satisfaction of the 
Secretary that the person relied upon a health care 
facility referred to in clause (i) before the closure of 
the facility to obtain the person's pharmaceuticals.". 
(b) 
PURCHASE 
FEES.—Subsection (d) of such 
section 
is 
amended— 
(1) by inserting "(1)" after "FEES.—"; and 
(2) by adding at the end the following new paragraph: 
"(2) In the case of persons eligible to participate in the dem-
onstration project for pharmaceuticals or the retail pharmacy net-
work by reason of clause (ii) of subsection (c)(2)(B), the Secretary 
of Defense may increase the fees, charges, and copayments estab-
lished under paragraph (1)(B) and otherwise applicable to such 
persons by an amount necessary to cover any additional costs 
incurred by the administering Secretaries as a result of making 
pharmaceuticals available to such persons under this section.". 
SEC. 
707. 
ONE 
YEAR 
CONTINUATION 
OF 
FULL 
CHAMPUS 
AND 
DEPEND-
ENTS' 
DENTAL 
PROGRAM BENEFITS 
FOR DEPENDENTS 
OF MEMBERS WHO DIE 
WHILE ON ACTIVE 
DUTY FOR 
A 
PERIOD 
OF 
MORE 
THAN 
30 
DAYS. 
(a) CONTINUATION OF SECTION 1079 CHAMPUS RULES.—Sub-
section (g) of section 1079 of title 10, United States Code, is amend-
ed by inserting after the first sentence the following new sentence: 
"In addition, when a member dies while on active duty for a period 
of more than 30 days, the member's dependents who are receiving 
benefits under a plan covered by subsection (a) shall continue 
to be eligible for such benefits during the one-year period beginning 
on the date of the death of the member.". 
(b) CONTINUATION OF DEPENDENTS' DENTAL PROGRAM BENE-
FITS.—Subsection (i) of section 1076a of such title, as added by 
section 702(b)(4) and redesignated by section 703(a)(1), is further 
amended— 
(1) 
by 
inserting 
"(1)" 
after 
"ELIGIBLE 
DEPENDENT 
DEFINED.—"; and 
(2) by adding at the end the following new paragraph: 
"(2) The term includes a dependent described in such subpara-
graphs of a member who dies while on active duty for a period 
of more than 30 days if the dependent is enrolled on the date 
of the death of the member in a dental benefits plan established 
under subsection (a), except that the term does not include the 
dependent after the end of the one-year period beginning on the 
date of the member's death. The Secretary of Defense may waive 
(in whole or in part) any requirements of the plan as the Secretary 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2801 
determines necessary for the effective administration of the plan 
for a dependent covered by this paragraph.". 
(c) APPLICATION OF AMENDMENTS.—The amendments made by 
subsections (a) and (b) shall apply with respect to the dependents 
described in such amendments of a member of a uniformed service 
who dies on or after October 1, 1993, while on active duty for 
a period of more thsin 30 days. 
(d) CONFORMING REPEAL.—Section 704 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1687) is repealed. The repeal of such section shall not termi-
nate the special payment rules provided in such section with respect 
to any person eligible for such pajonent rules on the date of the 
enactment of this Act. 
10 use 1076a 
note. 
10 use 1086 
note. 
Subtitle B—Changes to Existing Laws 
Regarding Health Care Management 
SEC. 711. COORDINATION OF BENEFITS WITH MEDICARE. 
Section 1086(d) of title 10, United States Code, is amended 
by striking out paragraph (3) and inserting in lieu thereof the 
following: 
"(3)(A) Subject to subparagraph (B), if a person described in 
paragraph (2) receives medical or dental care for which payment 
may be made under medicare and a plan contracted for under 
subsection (a), the amount payable for that care under the plan 
shall be the amount of the actual out-of-pocket costs incurred by 
the person for that care over the sum of— 
"(i) the amount paid for that care under medicare; and 
"(ii) the total of all amounts paid or payable by third 
party payers other than medicare. 
"(B) The amount payable for care under a plan pursuant to 
subparagraph (A) may not exceed the total amount that would 
be paid under the plan if payment for that care were made solely 
under the plan. 
"(C) In this paragraph: 
"(i) The term 'medicare' means title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.). 
"(ii) The term 'third party payer' has the meaning given 
such term in section 1095(h)(1) of this title.". 
SEC. 712. AUTHORITY FOR REIMBURSEMENT OF PROFESSIONAL 
LICENSE FEES UNDER RESOURCE 
SHARING AGREE-
MENTS. 
Section 1096 of title 10, United States Code, is amended by 
adding at the end the following: 
"(d) REIMBURSEMENT FOR LICENSE FEES.—In any case in which 
it is necessary for a member of the uniformed services to pay 
a professional license fee imposed by a government in order to 
provide health care services at a facility of a civilian health care 
provider pursuant to an agreement entered into under subsection 
(a), the Secretary of Defense may reimburse the member for up 
to $500 of the amount of the license fee paid by the member.". 
108 STAT. 2802 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 713. IMPOSITION OF ENROLLMENT FEES FOR MANAGED CARE 
PLANS. 
Section 1097(c) of title 10, United States Code, is amended 
by adding at the end the following new sentence: "In the case 
of contracts for health care services under this section or health 
care plans offered under section 1099 of this title for which the 
Secretary permits covered beneficiaries who are covered by section 
1086 of this title and who participate in such contracts or plans 
to pay an enrollment fee in lieu of meeting the applicable deductible 
amount specified in section 1086(b) of this title, the Secretary 
may establish the same (or a lower) enrollment fee for covered 
beneficiaries described in section 1086(d)(1) of this title who also 
participate in such contracts or plans.". 
SEC. 714. STRENGTHENING MANAGED HEALTH CARE AUTHORITIES. 
(a) AMENDMENTS TO ALTERNATIVE HEALTH CARE DELIVERY 
CONTRACTS AUTHORITY.—Section 1097 of title 10, United States 
Code, is amended— 
(1) by redesignating subsection (c) (as amended by section 
713) as subsection (e); and 
(2) by inserting after subsection (b) the following new sub-
sections: 
"(c) COORDINATION WiTH FACILITIES OF THE UNIFORMED SERV-
ICES.—The Secretary of Defense may provide for the coordination 
of health care services provided pursuant to any contract or agree-
ment under this section with those services provided in medical 
treatment facilities of the uniformed services. Subject to the avail-
ability of space and facilities and the capabilities of the medical 
or dental staff, the Secretary may not deny access to facilities 
of the uniformed services to a covered beneficiary on the basis 
of whether the beneficiary enrolled or declined enrollment in any 
program established under, or operating in connection with, any 
contract under this section. However, the Secretary may, as an 
incentive for enrollment, establish reasonable preferences for serv-
ices in facilities of the uniformed services for covered beneficiaries 
enrolled in any program established under, or operating in connec-
tion with, any contract under this section. 
"(d) COORDINATION WITH OTHER HEALTH CARE PROGRAMS.— 
In the case of a covered beneficiary who is enrolled in a managed 
health care program not operated under the authority of this chap-
ter, the Secretary may contract under this section with such other 
managed health care program for the purpose of coordinating the 
beneficiary's dual entitlements under such program and this chap-
ter. A managed health care program with which arrangements 
may be made under this subsection includes any health mainte-
nance organization, competitive medical plan, health care prepay-
ment plan, or other managed care program recognized pursuant 
to regulations issued by the Secretary.". 
(b) 
AMENDMENTS TO THIRD PARTY COLLECTIONS PROGRAM 
AUTHORITY.—Section 1095 of title 10, United States Code, is 
amended— 
(1) in subsection (b), by striking out "if that care" and 
all that follows through the period and inserting in lieu thereof 
the following: "shall operate to prevent collection by the United 
States under subsection (a) if that care is provided— 
"(1) through a facility of the uniformed services; 
"(2) directly or indirectly by a governmental entity; 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2803 
"(3) to an individual who has no obligation to pay for 
that care or for whom no other person has a legal obligation 
to pay; or 
"(4) by a provider with which the third party payer has 
no participation agreement."; 
(2) in subsection (d), by inserting "and except as provided 
in subsection (j)," after "(b),"; 
(3) in subsection (h)(1), by adding at the end the following 
new sentence: "Such term also includes entities described in 
subsection (j) under the terms and to the extent provided in 
such subsection."; and 
(4) by adding at the end the following new subsection: 
"(j) The Secretary of Defense may enter into an agreement 
with any health maintenance organization, competitive medical 
plan, health care prepayment plan, or other similar plan (pursuant 
to regulations issued by the Secretary) providing for collection under 
this section from such organization or plan for services provided 
to a covered beneficiary who is an enrollee in such organization 
or plan.". 
(c) CONDITION ON EXPANSION OF C H A M P U S REFORM INITIA-
TIVE.—Section 712 of the National Defense Authorization Act for 
Fiscal Year 1993 (PubHc Law 102-484; 10 U.S.C. 1073 note) is 
amended by striking out subsection (c) and inserting in lieu thereof 
the following new subsection: 
"(c) EVALUATION OF CERTIFICATION.—The Comptroller General 
of the United States and the Director of the Congressional Budget 
Office shall evaluate each certification made by the Secretary of 
Defense under subsection (a) that expansion of the CHAMPUS 
reform initiative to another location is the most efficient method 
of providing health care to covered beneficiaries in that location. 
They shall submit their findings to Congress if these findings differ 
substantially from the findings upon which the Secretary made 
the decision to expand the CHAMPUS reform initiative.". 
SEC. 715. DELAY IN DEADLINE FOR USE OF HEALTH MAINTENANCE 
ORGANIZATION 
MODEL AS OPTION FOR MILITARY 
HEALTH CARE. 
Section 731 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1696; 10 U.S.C. 1073 
note) is amended— 
(1) in subsection (a), by striking out "after the date of 
the enactment of this Act" and inserting in lieu thereof "after 
December 31, 1994"; 
(2) in subsection (e), by striking out "February 1, 1994" 
and inserting in lieu thereof "December 31, 1994"; and 
(3) by adding at the end the following new subsection 
if): 
"(f) MODIFICATION OF EXISTING CONTRACTS.—In the case of 
managed health care contracts in effect or in final stages of acquisi-
tion as of December 31, 1994, the Secretary may modify such 
contracts to incorporate the health benefit option required under 
subsection (a).". 
SEC. 716. LIMITATION ON REDUCTION IN NUMBER OF RESERVE 
COMPONENT MEDICAL PERSONNEL. 
Section 518(a) of the National Defense Authorization Act for 
Fiscal Year 1993 (PubHc Law 102-484; 106 Stat. 2407) is amended— 10 USC 261 note. 
108 STAT. 2804 
PUBLIC LAW 103-337—OCT. 5, 1994 
(1) by inserting before the period at the end the following: 
", unless the Secretary certifies to Congress that the number 
of such personnel to be reduced in a particular military depart-
ment is excess to the current and projected needs for personnel 
in the Selected Reserve of that military department"; and 
(2) by adding at the end the following new sentence: "The 
assessment of current and projected personnel needs under 
this subsection shall be consistent with the wartime require-
ments for Selected Reserve personnel identified in the final 
report on the comprehensive study of the military medical 
care system prepared pursuant to section 733 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 10 U.S.C. 1071 note).". 
SEC. 717. 
IMPLEMENTATION OF ANNUAL HEALTH CARE SURVEY 
REQUIREMENT. 
Section 724 of the National Defense Authorization Act for Fiscal 
Year 1993 (PubHc Law 102-484; 106 Stat. 2440; 10 U.S.C. 1071 
note) is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) EXEMPTION.—^An annual survey under subsection (a) shall 
be treated as not a collection of information for the purposes for 
which such term is defined in section 3502(4) of title 44, United 
States Code.". 
Subtitle C—Persian Gulf Illness 
10 use 1074 
SEC. 721. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS. 
"°*®' 
(a) OUTREACH PROGRAM TO PERSIAN GULF VETERANS AND FAMI-
LIES.—The Secretary of Defense shall institute a comprehensive 
outreach program to inform members of the Armed Forces who 
served in the Southwest Asia theater of operations during the 
Persian Gulf Conflict, and the families of such members, of illnesses 
that may result fi*om such service. The program shall be carried 
out through both medical and command channels, as well as any 
other means the Secretary considers appropriate. Under the pro-
gram, the Secretary shall— 
(1) inform such individuals regarding— 
(A) common disease S3miptoms reported by Persian 
Gulf veterans that may be due to service in the Southwest 
Asia theater of operations; 
(B) blood donation policy; 
(C) available counseling and medical care for such 
members; and 
(D) possible health risks to children of Persian Gulf 
veterans; 
(2) inform such individuals of the procedures for registering 
in either the Persian Gulf Veterans Health Surveill£ince System 
of the Department of Defense or the Persian Gulf War Health 
Registry of the Department of Veterans Affairs; and 
(3) encourage such members to report any symptoms they 
may have and to register in the appropriate health surveillance 
registry. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2805 
(b) INCENTIVES TO PERSIAN GULF VETERANS TO REGISTER.— 
In order to encourage Persian Gulf veterans to register any S3map-
toms they may have in one of the existing health registries, the 
Secretary of Defense shall provide the following: 
(1) For any Persian Gulf veteran who is on active duty 
and who registers with the Department of Defense's Persian 
Gulf War Veterans Health Surveilleince System, a full medical 
evaluation and any required medical care. 
(2) For any Persian Gulf War veteran who is, as of the 
date of the enactment of this Act, a member of a reserve 
component, opportunity to register at a military medical facility 
in the Persian Gulf Veterans Health Care Surveillance System 
and, in the case of a Reserve who registers in that registry, 
a full medical evaluation by the Department of Defense. 
Depending on the results of the evaluation and on eligibility 
status, reserve personnel may be provided medical care by 
the Department of Defense. 
(3) For a Persian Gulf veteran who is not, as of the date 
of the enactment of this Act, on active duty or a member 
of a reserve component, assistance and information at a military 
medical facility on registering with the Persian Gulf War Reg-
istry of the Department of Veterans Affairs and information 
related to support services provided by the Department of Vet-
erans Affairs. 
(c) COMPATIBILITY OF DEPARTMENT OF DEFENSE AND DEPART-
MENT OF VETERANS AFFAIRS REGISTRIES.—The Secretary of Defense 
shall take appropriate actions to ensure— 
(1) that the data collected by and the testing protocols 
of the Persian Gulf War Health Surveillance System main-
tained by the Department of Defense are compatible with the 
data collected by and the testing protocols of the Persian Gulf 
War Veterans Health Registry maintained by the Department 
of Veterans Affairs; and 
(2) that all information on individuals who register with 
the Department of Defense for purposes of the Persian Gulf 
War Health Surveillance System is provided to the Secretary 
of Veterans Affairs for incorporation into the Persian Gulf 
War Veterans Health Registry. 
(d) PRESUMPTIONS ON BEHALF OF SERVICE MEMBER.—(1) A 
member of the Armed Forces who is a Persian Gulf veteran, who 
has symptoms of illness, and who the Secretary concerned finds 
may have become ill as a result of serving on active duty in 
the Southwest Asia theater of operations during the Persian Gulf 
War shall be considered for Department of Defense purposes to 
have become ill as a result of serving in that theater of operations. 
(2) A member of the Armed Forces who is a Persian Gulf 
veteran and who reports being ill as a result of serving on active 
duty in the Southwest Asia theater of operations during the Persian 
Gulf War shall be considered for Department of Defense purposes 
to have become ill as a result of serving in that theater of operations 
until such time as the weight of medical evidence establishes other 
cause or causes of the member's illness. 
(3) The Secretary concerned shall ensure that, for the purposes 
of health care treatment by the Department of Defense, health 
care and personnel administration, and disability evaluation by 
the Department of Defense, the symptoms of any member of the 
Armed Forces covered by paragraph (1) or (2) are examined in 
108 STAT. 2806 
PUBLIC LAW 103-337—OCT. 5, 1994 
light of the member's service in the Persian Gulf War and in 
light of the reported symptoms of other Persian Gulf veterans. 
The Secretary shall ensure that, in providing health care diagnosis 
and treatment of the member, a broad range of potential causes 
of the member's symptoms are considered and that the member's 
s)miptoms are considered collectively, as well as by type of sjonptom 
or medical specialty, and that treatment across medical specialties 
is coordinated appropriately. 
(4) The Secretary of Defense shall ensure that the presumptions 
of service connection and illness specified in paragraphs (1) and 
(2) are incorporated in appropriate service medical and personnel 
regulations and are widely disseminated throughout the Depart-
ment of Defense. 
(e) REVISION OF THE PHYSICAL EVALUATION BOARD CRITERIA.— 
(1) The Secretary of Defense, in consultation with the Secretary 
of Veterans Affairs and the Secretary of Health and Human Serv-
ices, shall ensure that case definitions of Persian Gulf related 
illnesses, as well as the Physical Evaluation Board criteria used 
to set disability ratings for members no longer medically qualified 
for continuation on active duty, are established as soon as possible 
to permit accurate disability ratings related to a diagnosis of Persian 
Gulf illnesses. 
(2) Until revised disability criteria can be implemented and 
members of the Armed Forces can be rated against those criteria, 
the Secretary of Defense shall ensure— 
(A) that any member of the Armed Forces on active duty 
who may be suffering from a Persian Gulf-related illness is 
afforded continued military medical care; and 
(B) that any member of the Armed Forces on active duty 
who is found by a Physical Evaluation Board to be imfit for 
continuation on active duty as a result of a Persian Gulf-
related illness for which the board has no rating criteria (or 
inadequate rating criteria) for the illness or condition fi-om 
which the member suffers is placed on the temporary disability 
retired list. 
(f) REVIEW OF RECORDS AND RERATING OF PREVIOUSLY DIS-
CHARGED GULF WAR VETERANS.—(1) The Secretary of Defense, in 
consultation with the Secretary of Veterans Affairs, shall ensure 
that a review is made of the health and personnel records of 
each Persian Gulf veteran who before the date of the enactment 
of this Act was discharged fi'om active duty, or was medically 
retired, as a result of a Physical Evaluation Bo£ird process. 
(2) The review under paragraph (1) shall be carried out to 
ensure that former Persian Gulf veterans who may have been 
suffering fi-om a Persian Gulf-related illness at the time of discharge 
or retirement from active duty as a result of the Physical Evaluation 
Board process are revaluated in accordance with the criteria estab-
lished under subsection (e)(1) and, if appropriate, are rerated. 
(g) PERSIAN GULF ILLNESS MEDICAL REFERRAL CENTERS.—The 
Secretary of Defense shall evaluate the feasibility of establishing 
one or more medical referral centers to provide uniform, coordinated 
medical care for Persian Gulf veterans on active duty who are 
Reports. 
or may be suffering from a Persian Gulf-related illness. The Sec-
retary shall submit a report on such feasibility to the Committees 
on Armed Services of the Senate and House of Representatives 
not later than six months after the date of the enactment of this 
Act. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2807 
(h) ANNUAL REPORT TO CONGRESS.—(1) The Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives an annual report on— 
(A) efforts taken and results achieved in notifying members 
of the Armed Forces and their families as part of the outreach 
program required by subsection (a); 
(B) efforts taken to revise the Physical Evaluation Board 
disability rating criteria and interim efforts to adjudicate cases 
before the revision of the criteria; and 
(C) results of the review and rerating of previously sepa-
rated servicemembers. 
(2) The first report under paragraph (1) shall be submitted 
not later than 120 days after the date of the enactment of this 
Act. 
(i) PERSIAN GULF VETERAN.—For purposes of this section, a 
Persian Gulf veteran is an individual who served on active duty 
in the Armed Forces in the Southwest Asia theater of operations 
during the Persian Gulf Conflict. 
SEC. 722. STUDIES OF HEALTH CONSEQUENCES OF IVnLITARY SERVICE 
10 USC 1074 
OR EMPLOYMENT IN SOUTHWEST ASIA DURING THE PER- note. 
SIAN GULF WAR. 
(a) IN GENERAL.—The Secretary of Defense, in coordination 
with the Secretary of Veterans Affairs and the Secretary of Health 
and Human Services, shall conduct studies and administer grants 
for studies to determine— 
(1) the nature and causes of illnesses suffered by individ-
uals as a consequence of service or employment by the United 
States in the Southwest Asia theater of operations during the 
Persian Gulf War; and 
(2) the appropriate treatment for those illnesses. 
(b) NATURE OF THE STUDIES.—(1) Studies under subsection 
(a)— 
(A) shall include consideration of the range of potential 
exposure of individuals to environmental, battlefield, and other 
conditions incident to service in the theater; 
(B) shall be conducted so as to provide assessments of 
both short-term and long-term effects to the health of individ-
uals as a result of those exposures; and 
(C) shall include, at a minimum, the following types of 
studies: 
(i) An epidemiological study or studies on the incidence, 
prevalence, and nature of the illness and symptoms and 
the risk factors associated with symptoms or illnesses. 
(ii) Studies to determine the health consequences of 
the use of pyridostigmine bromide as a pretreatment anti-
dote enhancer during the Persian Gulf War, alone or in 
combination with exposure to pesticides, environmental tox-
3 
ins, and other hazardous substances. 
(iii) Clinical research and other studies on the causes, 
possible transmission, and treatment of Persiein Gulf-
related illnesses. 
(2)(A) The first project carried out under paragraph (l)(C)(ii) 
shsdl be a retrospective study of members of the Armed Forces 
who served in the Southwest Asia theater of operations during 
the Persian Gulf War. 
108 STAT. 2808 
PUBLIC LAW 103-337—OCT. 5, 1994 
(B) The second project carried out under paragraph (l)(C)(ii) 
shall consist of animal research and nonanimal research, including 
in vitro systems, as required, designed to determine whether the 
use of pyridostigmine bromide in combination with exposure to 
pesticides or other organophosphates, carbamates, or relevant 
chemicals will result in increased toxicity in animals and is likely 
to have a similar effect on humans. 
(c) INDIVIDUALS COVERED BY THE STUDIES.—Studies conducted 
pursuant to subsections (a) shall apply to the following individuals: 
(1) Individuals who served as members of the Armed Forces 
in the Southwest Asia theater of operations during the Persian 
Gulf War. 
(2) Individuals who were civilian employees of the Depart-
ment of Defense in that theater during that period. 
(3) To the extent appropriate, individuals who were employ-
ees of contractors of the Department of Defense in that theater 
during that period. 
(4) To the extent appropriate, the spouses and children 
of individuals described in paragraph (1). 
(d) PLAN FOR THE STUDIES.—(1) The Secretary of Defense shall 
prepare a coordinated plan for the studies to be conducted pursuant 
to subsection (a). The plan shall include plans and requirements 
for research grants in support of the studies. The Secretary shall 
submit the plan to the National Academy of Sciences for review 
and comment. 
(2) The plan for studies pursuant to subsection (a) shall be 
updated annually. The Secretary of Defense shall request an annual 
review by the National Academy of Science of the updated plan 
and study progress £ind results achieved during the preceding year. 
(3) The plan, and annual updates to the plan, shall be prepsired 
in coordination with the Secretary of Veterans Affairs and the 
Secretary of Health and Human Services. 
(e) FUNDING.—(1) From the amount authorized to be appro-
priated pursuant to section 201 for Defense-wide activities, the 
Secretary of Defense shall make available such funds as the Sec-
retary considers necessary to support the studies conducted pursu-
ant to subsection (a). 
(2) For each year in which activities continue in support of 
the studies conducted pursuant to subsection (a), the Secretary 
of Defense shall include in the budget request for the Department 
of Defense a request for such funds as the Secretary determines 
necessary to continue the activities during that fiscal year. 
(f) REPORTS.—(1) Not later than March 31, 1995, the Secretary 
of Defense shall submit to Congress the coordinated plan for the 
studies to be conducted pursuant to subsection (a) and the results 
of the review of that plan by the National Academy of Sciences. 
(2) Not later than October 1 of each year through 1998, the 
Secretary shall submit to Congress a report on the results of the 
studies conducted pursuant to subsection (a), plans for continuation 
of the studies, and the results of the annual review of the studies 
by the National Academy of Sciences. 
(3) Each report under this section shall be prepared in coordina-
tion with the Secretary of Veterans Affairs and the Secretary of 
Health and Human Services. 
(g) DEFINITION.—In this section, the term "Persian Gulf War" 
has the meaning given such term in section 101 of title 38, United 
States Code. 
PUBLIC LAW 103-337—OCT. 5, 1994 
Subtitle D—Other Matters 
108 STAT. 2809 
SEC. 731. CfflROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM. 10USC1092 
note. 
(a) REQUIREMENT FOR PROGRAM.—(1) Not later than 120 days 
after the date of enactment of this Act, the Secretary of Defense 
shall develop and carry out a demonstration program to evaluate " 
the feasibility and advisability of furnishing chiropractic care 
through the medical care facilities of the Armed Forces. The Sec-
retary of Defense shall develop and carry out the program in con-
sultation with the Secretaries of the military departments. 
(2) In carrying out the program, the Secretary of Defense 
shall— 
(A) subject to paragraph (3), designate not less than 10 
major military medical treatment facilities of the Department 
of Defense to furnish chiropractic care under the program; 
and 
(B) enter into agreements with such number of chiroprac- Contracts, 
tors as the Secretsiry determines sufficient for the purposes 
of the program to furnish chiropractic care at such facilities 
under the program. 
(3) The Secretary may not designate under paragraph (2) any 
treatment facility that is located on a military installation scheduled 
for closure or realignment under a base closure law. 
(b) PROGRAM PERIOD.—The Secretary shall carry out the dem-
onstration program in fiscal years 1995 through 1997. 
(c) REPORTING REQUIREMENTS.—(1) Not later than January 30, 
1995, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the demonstration program. The report shall— 
(A) identify the treatment facilities designated pursuant 
to subsection (a)(2)(A); and 
(B) include a discussion of the plan for the conduct of 
the program. 
(2) Not later than May 1, 1995, the Secretary of Defense shall 
submit to the committees referred to in paragraph (1) a plan for 
evaluating the program, including a schedule for conducting ' 
progress reviews and for submitting a final report to the committees. . 
(3) The Secretary shall submit to the committees referred to 
in paragraph (1) a final report in accordance with the plan submit- . 
ted to such committees pursuant to paragraph (2). 
(d) OVERSIGHT ADVISORY COMMITTEE.—(1) Not later than 30 
days after the date of the enactment of this Act, the Secretary 
of Defense shall establish an oversight advisory committee to assist 
and advise the Secretary with regard to the development and con-
duct of the demonstration program. 
(2) The oversight advisory committee shall include the following 
members: 
(A) The Comptroller General of the United States, or the » 
designee of such person from within the General Accounting 
Office. 
(B) The Assistant Secretary of Defense for Health Affairs, 
or the designee of such person. 
(C) The Surgeons General of the Army, the Air Force, 
and the Navy, or the designees of such persons. 
108 STAT. 2810 
PUBLIC LAW 103-337—OCT. 5, 1994 
(D) No fewer than four independent representatives of the 
chiropractic health care profession, appointed by the Secretary 
of Defense. 
(3) The oversight advisory committee shall assist the Secretary 
of Defense regarding— 
(A) issues involving the professional credentials of the 
chiropractors participating in the program; 
(B) the granting of professional practice privileges for the 
chiropractors at the treatment facilities participating in the 
program; 
(C) the preparation of the reports required under subsection 
(c); and 
(D) the evaluation of the program. 
(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the oversight advisory committee. 
(e) DEFINITION.—For purposes of 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 title 10, United States Code. 
SEC. 732. DEMONSTRATION PROGRAM FOR ADMISSION OF CIVILIANS 
AS PHYSICIAN ASSISTANT STUDENTS AT ACADEMY OF 
HEALTH SCIENCES, FORT SAM HOUSTON, TEXAS. 
(a) CIVILIAN ATTENDANCE.—The Secretary of the Army may 
enter into a reciprocal agreement with an accredited institution 
of higher education under which students of the institution may 
attend the didactic portion of the physician assistant training pro-
gram conducted by the Army Medical Department at the Academy 
of Health Sciences at Fort Sam Houston, Texas, in exchange for 
the provision of such academic services by the institution as the 
Secretary and the institution consider to be appropriate to support 
the physician assistant training program. The Secretary shall 
ensure that the Army Medical Department does not incur any 
additional costs as a result of the agreement than the Department 
would incur to obtain academic services for the physician assistant 
training program in the absence of the agreement. 
(b) SELECTION OF STUDENTS.—(1) Subject to paragraph (2), 
not more than 20 civilian students per year may receive instruction 
at the Academy pursuant to the agreement under subsection (a). 
In consultation with the institution of higher education that is 
a party to the agreement, the Secretary shall establish qualifications 
and methods of selection for civilian students to receive instruction 
at the Academy. The qualifications established shall be comparable 
to those generally required for admission to the physician assistant 
training program at the Academy. 
(2) The Secretary shall ensure that members of the Armed 
Forces are not denied enrollment in the physician assistant training 
program in order to permit the attendance of civilian students. 
The maximum annual enrollment for the program may not be 
increased solely for the purpose of permitting civilian students 
to attend the program. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2811 
(c) RULES OF ATTENDANCE.—Except as the Secretary determines 
necessary, a civilian student who receives instruction at the Acad-
emy pursuant to the agreement under subsection (a) shall be subject 
to the same regulations governing attendance, discipline, discharge, 
and dismissal as apply to military students attending the Academy. 
(d) TERM AND TERMINATION OF AGREEMENT.—The term of the 
agreement entered into imder subsection (a) may not extend beyond 
September 30, 1997. Either party to the agreement may terminate 
the agreement at any time before that date. 
(e) REPORT.—For each year in which the agreement under 
subsection (a) is in effect, the Secretary shall submit to Congress 
a report specifying the number of civilian students who received 
instruction at the Academy under the agreement during the period 
covered by the report and accessing the benefits to the United 
States of the agreement. 
(f) ACADEMY DEFINED.—For purposes of this section, the term 
"Academy means the Academy of Health Sciences of the Army 
Medical Department at Fort Sam Houston, Texas. 
SEC. 733. DELAY IN CLOSURE OF ARMY HOSPITAL AT VICENZA, ITALY. 
(a) CLOSURE DELAY.—During fiscal year 1995, the Secretary 
of the Army may not reduce the level of medical care services 
provided by the United States Army Hospital at Vicenza, Italy. 
(b) REPORT ON HOSPITAL.—Not later than March 1, 1995, the 
Secretary of Defense shall submit to Congress a report regarding 
the operation of the Army Hospital at Vicenza, Italy. The report 
shall contain the following: 
(1) A description of the number and demographic character-
istics of members of the Armed Forces on active duty and 
covered beneficiaries under chapter 55 of title 10, United States 
Code, who typically receive medical care services at the hospital, 
including those members and covered beneficiaries stationed 
or residing at (or in the immediate vicinity of) Aviano Air 
Force Base and Camp Darby. 
(2) An analysis of the projected costs or savings, including 
the cost of CHAMPUS benefits, resulting from the programmed 
closure of the hospital. 
(3) A description of the differences in practice patterns 
between American and Italian doctors, such as differences in 
the normal lengths of stay for the most frequent inpatient 
admissions (including childbirth) and the availability of alter-
native methods of providing anesthesia during childbirth. 
(4) An analysis of the feasibility of establishing a birthing 
center for the area and patients currently served by the hos-
pital, to be staffed primarily by American nurse-midwives. 
(5) A detailed plan for ensuring the availability of quality 
medical care, consistent with American medical practice pat-
terns, for covered beneficiaries residing in Northern Italy. 
SEC. 734. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF 
DEFENSE. 
(a) NUMBER OF DOSES FOR INVENTORY.—The Secretary of 
Defense shall direct that the number of doses of oral typhoid vaccine 
purchased for inventory by the Department of Defense during a 
fiscal year be not less than the number of doses of parenteral 
injection typhoid vaccine purchased for inventory by the Department 
during that fiscal year. 
108 STAT. 2812 
PUBLIC LAW 103-337—OCT. 5, 1994 
(b) WAIVER.—The Secretary of Defense may waive 
the 
applicability of subsection (a) for a fiscal year if the Secretary 
determines that the waiver is necessary for medical reasons and 
notifies Congress of the reasons for the waiver. 
SEC. 7
3
5
. 
REPORT ON EXPANDED USE OF NONAVAILABILITY OF 
HEALTH 
CARE 
STATEMENTS. 
(a) REPORT REQUIRED.—Not later than December 31, 1994, 
the Secretary of Defense shall submit to Congress a report describ-
ing the plans (if any) of the Department of Defense to use the 
authority provided in sections 1080(b) and 1086(e) of title 10, United 
States Code, for making determinations whether or not to issue 
a nonavailability of health care statement. The report shall include 
an analysis of the effects of such plans on— 
(1) the fi*eedom of choice of covered beneficiaries in selecting 
health care providers; 
(2) the access of covered beneficiaries to health care serv-
ices; 
(3) the quality and continuity of health care services; 
(4) the clarity and understandability of the applicable 
requirements regarding issuance nonavailability of health care 
statements; and 
(5) the health care costs incurred by the Federal Govern-
ment and covered beneficiaries. 
(b) USE OF AUTHORITY.—During the period beginning on the 
date of the enactment of this Act and ending 90 days after the 
date on which the Secretary submits the report required by sub-
section (a), the Secretary may not— 
(1) expand the nimiber or size of the geographical areas 
in which the Secretary is currently using the authority provided 
by sections 1080(b) and 1086(e) of title 10, United States Code; 
or 
(2) implement or use such authority in a manner inconsist-
ent with the manner in which such authority was implemented 
or used as of February 1, 1994. 
SEC. 736. COST ANALYSIS OF TIDEWATER TRICARE DELIVERY OF PEDI-
ATRIC HEALTH CARE TO MILITARY FAMILIES. 
(a) COST ANALYSIS REQUIRED.—Not later than October 1, 1995, 
the Assistant Secretary of Defense (Health Affairs) shall determine 
the amount of the expenditures made by the Department of Defense 
for pediatric care for each of fiscal years 1992, 1993, and 1994 
under the program for delivery of health care services in the Tide-
water region of Virginia carried out pursuant to section 712(b) 
of the National Defense Authorization Act for Fiscal Years 1992 
and 1993 (PubHc Law 102-190; 105 Stat. 1402). The Assistant 
Secretary shall determine the total amount of such expenditures 
and the amount of such expenditures for each case. 
Virginia. 
(b) USE OF ANALYSIS.—In evaluating changes to the pediatric 
care furnished by the Department of Defense (including that pedi-
atric care furnished under the Civilian Health and Medical Program 
of the Uniformed Services) in the Tidewater region of Virginia, 
the Assistant Secretary may consider the amounts determined 
under subsection (a) in determining the appropriate stsindards, 
limitations, and requirements to apply to the cost of pediatric 
care under the system. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2813 
SEC. 737. STUDY AND REPORT ON FmANCIAL RELIEF FOR CERTAIN 
MEDICARE-ELIGIBLE MILITARY RETIREES WHO INCUR 
MEDICARE LATE ENROLLMENT PENALTIES. 
(a) STUDY.—The Secretary of Defense, in consultation with 
the Secretary of Health and Human Services, shall conduct a study 
regarding possible financial relief from late enrollment penalties 
for military retirees and dependents of such retirees who— 
(1) reside within the service area (or former service area) 
of a military installation closed or approved for closure under 
a base closure law; and 
(2) have failed to enroll in a timely manner in medicare 
part B due to reliance upon the military treatment facility 
located at such installation. 
(b) REPORT.—Not later than March 31, 1995, the Secretary 
of Defense shall submit to Congress a report containing the results 
of the study required under subsection (a). The report shall also 
contain the following: 
(1) For each military installation studied, the number of 
military retirees within both a 40 mile and 65 mile catchment 
area who have failed to enroll in medicare part B and are 
subjected to late enrollment penalties. 
(2) A determination of the estimated aggregate amount 
' of the penalties in terms of each military installation studied. 
(3) A description of the characteristics of the population 
that are subject to the penalties, such as age and income 
level. 
(4) An examination of the appropriateness of waiving the 
penalties. 
(5) A description of the Department of Defense funds that 
should be used to pay the penalties if waiver of the penalties 
is not recommended. 
(6) A proposed program for a special medicare part B 
enrollment period for affected retirees living near military 
installations already closed or which are designated for closure 
in the future. 
(7) Legislative recommendations for implementing a pro-
gram which removes the financial burden from the medicare-
eligible beneficiaries who have been or will be adversely 
impacted by the closure of a military installation. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "base closure law" 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) and title II of 
the Defense Authorization Amendments and Base Closure and 
Realignment Act (Pubhc Law 100-526; 10 U.S.C. 2687 note). 
(2) The term "medicare part B" means the public health 
insurance program imder part B of title XVIII of the Social 
Security Act. 
(3) The term "military treatment facility" means a facility 
of a uniformed service referred to in section 1074(a) of title 
10, United States Code, in which health care is provided. 
SEC. 738. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE 
SERVICES FOR COVERED BENEFICIARIES 
IN AREAS 
AFFECTED BY BASE CLOSURES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should take all appropriate steps, including 
108 STAT. 2814 
PUBLIC LAW 103-337—OCT. 5, 1994 
a limited continuation of services for managed health care currently 
provided to covered beneficiaries described in subsection (b) who 
are eligible for such services, to ensure the continuity of health 
care services for such beneficiaries during the procurement, transi-
tion, and initial implementation phases of a TRICARE managed 
care support contract for Health Services Regions of the Military 
Health Services System of Department of Defense. 
(b) COVERED BENEFICIARIES DESCRIBED.—The covered bene-
ficiaries referred to in subsection (a) are covered beneficiaries under 
chapter 55, United States Code, who reside in areas adversely 
affected by the closure of a military installation under a base 
closure law (as defined in section 737(c)(1)). 
(c) TRICARE DEFINED.—For purposes of this section, the term 
"TRICARE" means the managed health care program that is estab-
lished by the Secretary of Defense under the authority of chapter 
55 of title 10, United States Code, principally section 1097 of 
such title, and includes the competitive selection of contractors 
to financially underwrite the delivery of health care services imder 
the Civilian Health and Medical Program of the Uniformed Services. 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—^Acquisition Assistance 
Programs 
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS. 
(a) FUNDING.—Of the amount authorized to be appropriated 
under section 301(5), $12,000,000 shall be available for carrying 
out the provisions of chapter 142 of title 10, United States Code. 
(b) SPECIFIC PROGRAMS.—Of the amounts made available pursu-
ant to subsection (a), $600,000 shall be available for fiscal year 
1995 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 insufficient number of satisfac-
tory proposals for cooperative agreements in such distressed areas 
to allow effective use of the fiinds 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. 802. PILOT MENTOR-PROTEGE PROGRAM. 
Of the amounts authorized to be appropriated for fiscal year 
1995 by title I of this Act, $50,000,000 shall be available for conduct-
ing the pilot Mentor-Protege Program established pursuant to sec-
tion 831 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 10 U.S.C. 2301 note). 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2815 
SEC. 803. INFRASTRUCTURE ASSISTANCE FOR HISTORICALLY BLACK 
COLLEGES AND OTHER MINORITY INSTITUTIONS OF 
HIGHER EDUCATION. 
Of the amounts authorized to be appropriated for fiscal year 
1995 by section 201, $25,000,000 shall be available for such fiscal 
year for infi'astructure assistance to historically Black colleges and 
universities and minority institutions under section 2323(c)(3) of 
title 10, United States Code. 
SEC. 804. TREATMENT UNDER SUBCONTRACTING PLANS OF PUR-
CHASES FROM QUALIFIED NONPROFIT AGENCIES FOR 
THE BLIND OR SEVERELY DISABLED. 
Section 2410d of title 10, United States Code, relating to credit 
under small business subcontracting plsms for certain purchases, 
is amended— 
(1) in subsection (b)— 
(A) in paragraph (2)— 
(i) by striking out "and" at the end of subparagraph 
(A); 
(ii) by striking out the period at the end of subpara-
graph (B) and inserting in lieu thereof "; and"; and 
(iii) by adding at the end the following new 
subparagraph: 
"(C) a central nonprofit agency designated by the 
Committee for Purchase from People Who Are Blind or 
Severely Disabled under section 2(c) of such Act (41 U.S.C. 
47(c))."; 
(B) by striking out paragraph (3); and 
(C) by redesignating paragraph (4) as paragraph (3); 
and 
(2) in subsection (c), by striking out "September 30, 1994" 
and inserting in lieu thereof "September 30,1997". 
Subtitle B—Other Matters 
SEC. 811. DELEGATION OF INDUSTRIAL MOBILIZATION AUTHORITY. 
Section 2538 of title 10, United States Code, is amended— 
(1) by striking out "through the Secretary of Defense" each 
place it appears in subsections (a), (c), and (d) and inserting 
in lieu thereof "through the head of any department"; and 
(2) in subsection (c>— 
(A) by striking out "in the opinion of the Secretary 
of Defense" in the matter preceding paragraph (1) and 
inserting in lieu thereof "in the opinion of the head of 
that department"; and 
(B) by striking out "Secretary" each place it appears 
in paragraphs (2) and (3) and inserting in lieu thereof 
'liead of such department". 
SEC. 812. DETERMINATIONS OF PUBLIC INTEREST UNDER THE BUY 
AMERICAN ACT. 
(a) CONSIDERATIONS.—Section 2533 of title 10, United States 
Code, is amended— 
(1) by striking out subsections (a) and (b) and inserting 
in lieu thereof the following: 
"(a) In determining under section 2 of title III of the Act 
of March 3, 1993 (41 U.S.C. 10a), popularly known as the 'Buy 
108 STAT. 2816 
PUBLIC LAW 103-337—OCT. 5, 1994 
American Act', whether apphcation of title III of such Act is 
inconsistent with the pubhc interest, the Secretary of Defense shall 
consider the following: 
"(1) The bids or proposals of small business firms in the 
United States which have offered to furnish American goods. 
"(2) The bids or proposals of all other firms in the United 
States which have offered to furnish American goods. 
"(3) The United States balance of payments. 
"(4) The cost of shipping goods which are other than Amer-
icEin goods. 
"(5) Any duty, tariff, or surcharge which may enter into 
the cost of using goods which are other than American goods. 
"(6) A need to ensure that the Department of Defense 
has access to advanced, state-of-the-art commercial technology. 
"(7) The need to protect the national technology and indus-
trial base, to preserve and enhance the national technology 
employment base, and to provide for a defense mobilization 
base. 
"(8) A need to ensure that application of different rules 
of origin for United States end items and foreign end items 
does not result in an award to a firm other than a firm providing 
a product produced in the United States. 
"(9) Any need— 
"(A) to maintain the same source of supply for spare 
£ind replacement parts for an end item that qualifies as 
an American good; or 
"(B) to maintain the same source of supply for spare 
and replacement parts in order not to impair integration 
of the military and commercial industrial base. 
"(10) The national security interests of the United States."; 
and 
(2) by redesignating subsection (c) as subsection (b). 
(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) The heading 
of section 2533 of such title is amended to read as follows: 
^^§2533. Determinations of public interest under the Buy 
American Act''. 
(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: 
"2533. Determinations of public interest under the Buy American Act.". 
SEC. 813. CONTINUATION OF EXPIRING REQUIREMENT FOR ANNUAL 
REPORT ON THE USE OF COMPETITIVE PROCEDURES 
FOR AWARDING CERTAIN CONTRACTS TO COLLEGES AND 
UNIVERSITIES. 
Section 2361 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(c)(1) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
an annual report on the use of competitive procedures for the 
award of research and development contracts, and the award of 
construction contracts, to colleges and universities. Each such report 
shall include— 
"(A) a list of each college and university that, during the 
period covered by the report, received more than $1,000,000 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2817 
in such contracts through the use of procedures other than 
competitive procedures; and 
"(B) the cumulative amount of such contracts received dur-
ing that period by each such college and university. 
"(2) Each report under paragraph (1) shall cover the preceding 
calendar year and shall be submitted not later than February 
1 of the year after the year covered by the report.". 
SEC. 814. CONSOLIDATION AND REVISION OF LIMITATIONS ON 
PROCUREMENT OF GOODS OTHER THAN AMERICAN 
GOODS. 
The text of section 2534 of title 10, United States Code, is 
amended to read as follows: 
"(a) LIMITATION ON CERTAIN PROCUREMENTS.—The Secretary 
of Defense may procure any of the following items only if the 
manufacturer of the item satisfies the requirements of subsection 
(b): 
"(1) BUSES.—Multipassenger motor vehicles (buses). 
"(2) CHEMICAL WEAPONS ANTIDOTE.—Chemical weapons 
antidote contained in automatic injectors (and components for 
such injectors). 
"(3) AIR CIRCUIT BREAKERS.—^Air circuit breakers for naval 
vessels. 
"(4) VALVES AND MACHINE TOOLS.—Items in the following 
categories: 
"(A) Powered and non-powered valves in Federal Sup-
ply Classes 4810 and 4820 used in piping for naval surface 
ships and submarines. 
"(B) Machine tools in the Federal Supply Classes for 
metal-working machinery numbered 3405, 3408, 3410 
through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 
3446, 3448, 3449, 3460, and 3461. 
"(5) BALL BEARINGS AND ROLLER BEARINGS.—Ball bearings 
and roller bearings, in accordance with subpart 225.71 of part 
225 of the Defense Federal Acquisition Regulation Supplement, 
as in effect on October 23, 1992. 
"(b) MANUFACTURER IN THE NATIONAL TECHNOLOGY AND INDUS-
TRIAL BASE.— 
"(1) GENERAL REQUIREMENT.—A manufacturer meets the 
requirements of this subsection if the manufacturer is part 
of the national technology £ind industrial base. 
"(2) MANUFACTURERS OF CHEMICAL WEAPONS ANTIDOTE.— 
In the case of a procurement of chemical weapons antidote 
referred to in subsection (a)(2), a manufacturer meets the 
requirements of this subsection only if the manufacturer— 
"(A) meets the requirement set forth in paragraph 
(1); 
"(B) is an existing producer under the industrial 
preparedness program at the time the contract is awarded; 
"(C) has received all required regulatory approvals; 
and 
"(D) when the contract for the procurement is awsirded, 
has in existence in the national technology and industrial 
base the plant, equipment, and personnel necessary to 
perform the contract. 
"(c) APPLICABILITY TO CERTAIN ITEMS.— 
108 STAT. 2818 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(1) AIR CIRCUIT BREAKERS.—Subsection (a) does not apply 
to a procurement of spares or repair parts needed to support 
air circuit breakers produced or manufactured outside the 
United States. 
"(2) VALVES AND MACHINE TOOLS.—(A) Contracts to which 
subsection (a) appUes include the following contracts for the 
procurement of items described in paragraph (4) of such sub-
section: 
"(i) A contract for procurement of such an item for 
use in property under the control of the Department of 
Defense, including any Government-owned, 
contractor-
operated facility. 
"(ii) A contract that is entered into by a contractor 
on behalf of the Department of Defense for the purpose 
of providing such an item to another contractor as Govern-
ment-furnished equipment. 
"(B) In any case in which a contract for items described 
in subsection (a)(4) includes the procurement of more than 
one Federal Supply Class of machine tools or machine tools 
and accessories, each supply class shall be evaluated separately 
for purposes of determining whether the limitation in sub-
section (a) applies. 
"(C) Subsection (a)(4) and this paragraph shall cease to 
be effective on October 1,1996. 
"(3) 
BALL BEARINGS AND ROLLER BEARINGS.—Subsection 
(a)(5) and this paragraph shall cease to be effective on October 
1, 1995. 
"(d) WAIVER AUTHORITY.—The Secretary of Defense may waive 
the limitation in subsection (a) with respect to the procurement 
of an item listed in that subsection if the Secretary determines 
that any of the following apply: 
"(1) Application of the limitation would cause unreasonable 
costs or delays to be incurred. 
"(2) United States producers of the item would not be 
jeopardized by competition from a foreign country, and that 
country does not discriminate against defense items produced 
in the United States to a greater degree than the United 
States discriminates against defense items produced in that 
country. 
"(3) Application of the limitation would impede cooperative 
programs entered into between the Department of Defense 
and a foreign country, and that country does not discriminate 
^ 
against defense items produced in the United States to a greater 
^' 
degree than the United States discriminates against defense 
items produced in that country. 
"(4) Satisfactory quality items manufactured by an entity 
that is part of the national technology and industrial base 
(as defined in section 2491(1) of this title) are not available. 
"(5) Application of the limitation would result in the exist-
ence of only one source for the item that is an entity that 
is part of the national technology and industrial base (as defined 
in section 2491(1) of this title). 
"(6) The procurement is for gm amount less than the sim-
plified acquisition threshold and simplified purchase procedures 
are being used. 
"(7) Application of the limitation is not in the national 
security interests of the United States. 
PUBLIC LAW 103-337—OCT. 5, 1994 
^ 108 STAT. 2819 
"(8) Application of the limitation would adversely affect 
a United States company. 
"(e) SONOBUOYS.— 
"(1) LIMITATION.—^The Secretary pf Defense may not pro-
cure a sonobuoy manufactured in a foreign country if United 
States firms that manufacture sonobuoys are not permitted 
to compete on an equal basis with foreign manufacturing firms 
for the sale of sonobuoys in that foreign coimtry. 
"(2) WAIVER AUTHORITY.—The Secretary may waive the 
limitation in paragraph (1) with respect to a particular procure-
ment of sonobuoys if the Secretary determines that such 
procurement is in the national security interests of the United 
States. 
"(3) DEFINITION.—In this subsection, the term 'United 
States firm' has the meaning given such term in section 
2532(d)(1) of this title. 
"(f) PRINCIPLE OF CONSTRUCTION WITH FUTURE LAWS.—A provi-
sion of law may not be construed as modifying or superseding 
the provisions of this section, or as requiring funds to be limited, 
or made available, by the Secretary of Defense to a particular 
domestic source by contract, unless that provision of law— 
"(1) specifically refers to this section; 
"(2) specifically states that such provision of law modifies 
or supersedes the provisions of this section; and 
"(3) specifically identifies the particular domestic source 
involved and states that the contract to be awarded pursuant 
to such provision of law is being awarded in contravention 
of this section.". 
SEC. 815. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR 10 USC 2430 
DEFENSE ACQUISITION PROGRAMS. 
note 
(a) GUIDANCE.—Before April 1, 1995, the Secretary of Defense 
shall issue guidance, to apply uniformly throughout the Department 
of Defense, regarding— 
(1) how to achieve the purposes and intent of the National 
Environmental PoHcy Act of 1969 (42 U.S.C. 4321 et seq.) 
by ensuring timely compliance for major defense acquisition 
programs (as defined in section 2430 of title 10, United States 
Code) through (A) initiation of compliance efforts before devel-
opment begins, (B) appropriate environmental impact analysis 
in support of each milestone decision, and (C) accounting for 
all direct, indirect, £uid cumulative environmental effects before 
proceeding toward production; and 
(2) how to analyze, as early in the process as feasible, 
the life-cycle environmental costs for such major 
defense 
acquisition programs, including the materials to be used, the 
mode of operations and maintenance, requirements for demili-
tarization, and methods of disposal, after consideration of all 
pollution prevention opportunities and in light of all environ-
mental mitigation measures to which the department expressly 
commits. 
(b) ANALYSIS.—Beginning not later than March 31, 1995, the 
Secretary of Defense shall analyze the environmental costs of a 
major defense acquisition process as an integral part of the life-
cycle cost analysis of the program pursuant to the guidance issued 
under subsection (a). 
108 STAT. 2820 
PUBLIC LAW 103-337—OCT. 5, 1994 
(c) DATA BASE FOR N E P A DOCUMENTATION.—The Secretary 
of Defense shall establish and maintain a data base for docmnents 
prepared by the Department of Defense in compljdng with the 
National Environmental Policy Act of 1969 with respect to major 
defense acquisition programs. Any such document relating to a 
major defense acquisition program shsdl be maintained in the data 
base for 5 years after commencement of low-rate initial production 
of the program. 
SEC. 816. DEMONSTRATION PROJECT ON PURCHASE OF FIRE, SECU-
RITY, POLICE, PUBUC WORKS, AND UTILITY SERVICES 
FROM LOCAL GOVERNMENT AGENCIES. 
(a) DEMONSTRATION PROJECT.—The Secretary of Defense may 
conduct a demonstration project, beginning October 1, 1994, at 
Monterey, California, under which any fire-fighting, security-guard, 
police, public works, utility, or other municipal services needed 
for operation of any Depsirtment of Defense asset in Monterey 
County, California, may be purchased from government agencies 
located within the county of Monterey. The purchase of such services 
for the demonstration project may be made notwithstanding section 
2465 of title 10, United States Code. 
Reports- 
(b) EVALUATION OF PROJECT.—Not later than December 31, 
1996, the Secretary of Defense shall submit to Congress a report 
evaluating the results of the project and making any recommenda-
tions the Secretary considers appropriate, including recommenda-
tions on whether the purchase authorities used in conducting the 
project could be used to provide similar services at other locations. 
10 use 2687 
SEC. 817. PREFERENCE FOR LOCAL RESIDENTS. 
(a) PREFERENCE ALLOWED.—In entering into contracts with 
private entities for services to be performed at a miUtsiry installation 
that is affected by closure or alignment under a base closure law, 
the Secretary of Defense may give preference, consistent with Fed-
eral, State, and local laws and regulations, to entities that plan 
to hire, to the maximum extent practicable, residents of the vicinity 
of such military installation to perform such contracts. Contracts 
for which the preference may be given include contracts to carry 
out environmental restoration activities or construction work at 
such military installations. Any such preference may be given for 
a contract only if the services to be performed under the contract 
at the military installation concerned can be carried out in a manner 
that is consistent with all other actions at the installation that 
the Secretary is legally required to undertake. 
(b) DEFINITION.—In this section, the term "base closure law" 
means the following: 
(1) The provisions of title II of the Defense Authorization 
Amendments and Base Closure £ind Realignment Act (PubUc 
Law 100-526; 10 U.S.C. 2687 note). 
(2) 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) APPLICABILITY.—^Any preference given under subsection (a) 
shall apply only with respect to contracts entered into after the 
date of the enactment of this Act. 
(d) TERMINATION.—^This section shall cease to be effective on 
September 30,1997. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2821 
SEC. 818. PAYMENT OF RESTRUCTURING COSTS UNDER DEFENSE CON- 10 USC 2324 
TRACTS. 
"°*e-
(a) CERTIFICATION OF COST SAVINGS.—(1) The Secretary of 
Defense may not, under section 2324 of title 10, United States 
Code, pay restructuring costs associated with a business combina-
tion imdertaken by a defense contractor until the Department of 
Defense reviews tne projected costs and savings that will result 
for the Department from such business combination and an official 
of the Department of Defense at the level of Assistant Secreteiry 
of Defense or above certifies in writing that projections of future 
cost savings resulting for the Department from the business com-
bination are based on audited cost data and should result in overall 
reduced costs to the Department. 
(2) The requirements for a review and certification under psira-
graph (1) shall not apply with respect to any business combination 
for which restructuring costs were paid or otherwise approved by 
the Secretary before August 15,1994. 
(b) REQUIREMENT FOR REGULATIONS.—Not later than January 
1, 1995, the Secretary of Defense shall prescribe regulations on 
the allowability of restructuring costs associated with business com-
binations under defense contracts. 
(c) MATTERS TO BE INCLUDED.—^At a minimum, the regulations 
shall— 
(1) include a definition of the term "restructuring costs"; 
and 
(2) address the issue of contract novations under such 
contracts. 
(d) CONSULTATION.—In developing the regulations, the Sec-
retary of Defense shall consult with the Administrator for Federal 
Procurement Policy. 
(e) REPORT.—Not later than November 13 in each of the years 
1995, 1996, and 1997, the Secretary of Defense shall submit to 
Congress a report on the following: 
(1) A description of the procedures being followed within 
the Department of Defense for evaluating projected costs and 
savings under a defense contract resulting from a restructuring 
of a defense contractor associated with a business combination. 
(2) A list of all defense contractors for which restructuring 
costs have been allowed by the Department, along with the 
identities of the firms which those contractors have acquired 
or with which those contractors have combined since July 21, 
1993, 
that qualify the contractors for such restructuring 
reimbursement. 
(3) The Department's experience with business combina-
tions for which the Department has agreed to allow restructur-
ing costs since July 21,1993, including the following: 
(A) The estimated amount of costs associated with 
each restructuring that have been or will be treated as 
allowable costs under defense contracts, including the type 
and amounts of costs that would not have arisen absent 
the business combination. 
(B) The estimated amount of savings associated with 
each restructuring that are expected to be achieved on 
defense contracts. 
(C) The types of documentation relied on to establish 
that savings associated with each restructuring will exceed 
costs associated with the restructuring. 
108 STAT. 2822 
PUBLIC LAW 103-337—OCT. 5, 1994 
(D) Actual experience on whether savings associated 
with each restructuring are exceeding costs associated with 
the restructuring. 
(E) Identification of any programmatic or budgetary 
disruption in the Depsirtment of Defense resulting from 
contractor restructuring. 
(f) DEFINITION.—In this section, the term "business combina-
tion" includes a merger or acquisition. 
(g) COMPTROLLER GENERAL REPORTS.—(1) Not later than March 
1, 1995, the Comptroller General shall submit to Congress a report 
on the adequacy of the regulations prescribed under subsection 
(b) with respect to— 
(A) whether such regulations are consistent with the pur-
poses of this section, other applicable law, and the Federal 
Acquisition Regulation; and 
(B) whether such regulations establish policies, procedures, 
and standards to ensure that restructuring costs are paid only 
when in the best interests of the United States. 
(2) The Comptroller General shall report periodically to Con-
gress on the implementation of the policy of the Department of 
Defense regarding defense industry restructuring. 
(3) Not later than December 1, 1997, the Comptroller General 
shall submit to Congress a final report on the poUcy of the Depart-
ment of Defense on defense industry restructuring, including any 
recommendations the Comptroller considers appropriate. 
SEC. 819. DEFENSE ACQUISITION PILOT PROGRAM DESIGNATIONS. 
The Secretary of Defense is authorized to designate the follow-
ing defense acquisition programs for participation, to the extent 
provided in the Federal Acquisition Streamlining Act of 1994, in 
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): 
(1) The Fire Support Combined Arms Tactical Trainer pro-
gram. 
(2) The Joint Direct Attack Munition program. 
(3) The Joint Primary Aircraft Training System. 
(4) Commercial-derivative aircraft. 
(5) Commercial-derivative engine. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Secretarial Matters 
SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DEFENSE. 
(a) ESTABLISHMENT OF POSITION.—Section 138(a) of title 10, 
United States Code, is amended by striking out "ten" and inserting 
in lieu thereof "eleven". 
(b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, United States 
Code, is Eimended by striking out "Assistant Secretaries of Defense 
(10)." and inserting in lieu thereof the following: 
"Assistant Secretaries of Defense (11).". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2823 
SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE MILITARY 
DEPARTMENTS. 
(a) ARMY.—Section 3017 of title 10, United States Code, is 
Eimended— 
(1) by redesignating pgiragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) The General Counsel of the Department of the Army.". 
(b) NAVY.—Section 5017 of such title is amended— 
10 USC 5017. 
(1) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(2) by inserting after pciragraph (2) the following new para-
graph (3): 
"(3) The General Counsel of the Department of the Navy.". 
(c) AIR FORCE.—Section 8017 of such title is amended— 
lo use 80i7. 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) The General Counsel of the Department of the Air 
Force.". 
SEC. 903. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT 
OF DEFENSE TO UNDER SECRETARY OF DEFENSE 
(COMPTROLLER). 
(a) IN GENERAL.—(1) Section 135 of title 10, United States 
Code, is amended— 
(A) in subsection (a), by striking out "a Comptroller of 
the Department of Defense" and inserting in lieu thereof "an 
Under Secretary of Defense (Comptroller)"; and 
(B) in subsections (b), (c), (d), and (e), by striking out 
"Comptroller" each place it appears and inserting in lieu thereof 
"Under Secretary of Defense (Comptroller)". 
(2) The heading for such section is amended to read as follows: 
"§ 135. Under Secretary of Defense (Comptroller)". 
(3) The item relating to such section in the table of sections 
at the beginning of chapter 4 of such title is amended to read 
as follows: 
"135. Under Secretary of Defense (Comptroller).". 
(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES 
CODE.—(1) Section 131(b)(4) of title 10, United States Code, is 
amended by striking out "Comptroller" and inserting in lieu thereof 
"Under Secretary of Defense (Comptroller)". 
(2) Section 138(d) of such title is amended by striking out 
"and Comptroller". 
(c) 
CONFORMING AMENDMENT TO TITLE 5, UNITED STATES 
CODE.—Section 5314 of title 5, United States Code, is amended 
by striking out "Comptroller of the Department of Defense" and 
inserting in heu thereof "Under Secretary of Defense (Comptroller)". 
(d) 
REFERENCES 
IN 
OTHER LAWS.—Any reference to the lo use 135 note. 
Comptroller of the Department of Defense 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 Secretary of Defense (Comptroller). 
108 STAT. 2824 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 904. NATIONAL GUARD BUREAU CHARTER. 
(a) IN GENERAL.—Subtitle E of title 10, United States Code, 
as added by section 1611, is amended by inserting ^ e r chapter 
1009, as added by section 1661(b), the following new chapter: 
"CHAPTER 1011—NATIONAL GUARD BUREAU 
"10501 
"10502 National Guard Bureau. 
Chief of the National Guard Bureau: appointment; adviser on National 
Guard matters; grade. 
10503. Functions of National Guard Bureau: charter from Secretaries of the Army 
and Air Force. 
Chief of National Guard Bureau: annual report. 
Vice Chief of the National Guard Bureau. 
Other senior National Guard Bureau officers. 
Definition. 
"10504. 
"10505. 
"10506. 
"10508. 
Establishment. 
"§ 10501. National Guard Bureau 
"(a) NATIONAL GUARD BUREAU.—There is in the Department 
of Defense the National Guard Bureau, which is a joint bureau 
of the Department of the Army and the Department of the Air 
Force. 
"(b) PURPOSES.—The National Guard Bureau is the channel 
of communications on all matters pertaining to the National Gusird, 
the Army National Guard of the United States, and the Air National 
Guard of the United States between (1) the Department of the 
Army and Department of the Air Force, and (2) the several States. 
"§ 10502. Chief of the National Guard Bureau: appointment; 
adviser on National Guard matters; grade 
"(a) APPOINTMENT.—There is a Chief of the National Guard 
Bureau, who is responsible for the organization and operations 
President. 
of the National Guard Bureau. The Chief of the National Guard 
Bureau is appointed by the President, by and with the advice 
and consent of the Senate. Such appointment shall be made from 
officers of the Army National Guard of the United States or the 
Air National Guard of the United States who— 
"(1) are recommended for such appointment by their respec-
tive Governors or, in the case of the District of Columbia, 
the commanding general of the District of Colimibia National 
Gueird; 
"(2) have had at least 10 years of federally recognized 
commissioned service in £in active status in the National Guard; 
and 
"(3) are in a grade above the grade of brigadier general. 
"(b) TERM OF OFFICE.—An officer appointed as Chief of the 
National Guard Bureau serves at the pleasure of the President 
for a term of four years. An officer may not hold that office after 
becoming 64 yeeirs of age. An officer may be reappointed as Chief 
of the National Guard Bureau. While holding that office, the Chief 
of the National Guard Bureau may not be removed from the reserve 
active-status list, or from gin active status, under any provision 
of law that otherwise would require such removal due to completion 
of a specified number of years of service or a specified number 
of years of service in grade. 
"(c) ADVISER ON NATIONAL GUARD MATTERS.—The Chief of the 
National Guard Bureau is the principsd adviser to the Secretary 
of the Army and the Chief of Staff of the Army, and to the Secretary 
of the Air Force and the Chief of Staff of the Air Force, on matters 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2825 
relating to the National Guard, the Army National Guard of the 
United States, and the Air National Guard of the United States. 
"(d) GRADE.—The Chief of the National Guard Bureau shall 
be appointed to serve in the grade of 
lieutenant general. 
'^§ 10503. Functions of National Guard Bureau: charter from 
Secretaries of the Army and Air Force 
"The Secretary of the Army euid the Secretary of the Air Force 
shall jointly develop and prescribe a charter for the National Guard 
Bureau. The charter shall cover the following matters: 
"(1) Allocating unit structure, strength authorizations, and 
other resources to the Army National Gu£ird of the United 
States and the Air National Guard of the United States. 
"(2) Prescribing the training discipline and training require-
ments for the Army National Guard and the Air National 
Guard and the allocation of Federal funds for the training 
of the Army National Guard and the Air National Guard. 
"(3) Ensuring that units and members of the Army National 
Gusird and the Air National Guard are trained by the States 
in accordance with approved programs and policies of, and 
guidance from, the Chief, the Secretary of the Army, and the 
Secretary of the Air Force. 
"(4) Monitoring and assisting the States in the organization, 
maintenance, and operation of National Guard units so as 
to provide weU-trained eind well-equipped units capable of 
augmenting the active forces in time of war or national emer-
gency. 
"(5) Planning and administering the budget for the Army 
National Guard of the United States and the Air National 
Guard of the United States. 
"(6) Supervising the acquisition £ind supply of, and account-
ability of the States for. Federal property issued to the National 
GuEird through the property and fiscal officers designated, 
detailed, or appointed under section 708 of title 32. 
"(7) Granting and withdrawing, in accordance 
with 
applicable laws and regulations, Federal recognition of (A) 
National Guard luiits, and (B) officers of the National Guard. 
"(8) Establishing policies and programs for the emplo3mient 
and use of National Guard technicians under section 709 of 
title 32. 
"(9) Supervising and administering the Active Guard and 
Reserve program as it pertains to the National Guard. 
"(10) Issuing directives, regulations, and 
publications 
consistent with approved policies of the Army and Air Force, 
as appropriate. 
"(11) Facilitating and supporting the training of members 
and units of the National GuEird to meet State requirements. 
"(12) Such other functions as the Secretaries may prescribe. 
^§ 10504. Chief of National Guard Bureau: annual report 
"(a) ANNUAL REPORT.—The Chief of the National Guard Bureau 
shall submit to the Secretary of Defense, through the Secretaries 
of the Army and the Air Force, an annual report on the state 
of the National Guard and the ability of the National Guard to 
meet its missions. The report shall be prepared in conjunction 
with the Secretary of the Army and the Secretary of the AIT Force 
and may be submitted in classified and unclassified versions. 
108 STAT. 2826 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(b) SUBMISSION OF REPORT TO CONGRESS.—The Secretary of 
Defense shall transmit the annual report of the Chief of the 
National Guard Bureau to Congress, together with such comments 
on the report as the Secretary considers appropriate. The report 
shall be transmitted at the same time each year that the annual 
report of the Secretary under section 113(c) of this title is submitted 
to Congress. 
''§ 10505. Vice Chief of the National Guard Bureau 
"(a) APPOINTMENT.—(1) There is a Vice Chief of the National 
Guard Bureau, selected by the Secretary of Defense from officers 
of the Army National Guard of the United States or the Air National 
Guard of the United States who— 
"(A) are recommended for such appointment by their 
respective Governors or, in the case of the District of Columbia, 
the commanding general of the District of Columbia National 
Guard; 
"(B) have had at least 10 years of federally recognized 
commissioned service in an active status in the National Guard; 
and 
"(C) are in a grade above the grade of colonel. 
"(2) The Chief and Vice Chief of the National Guard Bureau 
may not both be members of the Army or of the Air Force. 
"(3)(A) Except as provided in subparagraph (B), an officer 
appointed as Vice Chief of the National Guard Bureau serves for 
a term of four years, but may be removed from office at any 
time for cause. 
"(B) The term of the Vice Chief of the National Guard Bureau 
shall end upon the appointment of a Chief of the National Guard 
Bureau who is a member of the same armed force as the Vice 
Chief 
"(4) The Secretary of Defense may waive the restrictions in 
paragraph (2) and the provisions of paragraph (3)(B) for a limited 
period of time to provide for the orderly transition of officers 
appointed to serve in the positions of Chief and Vice Chief of 
the National Guard Bureau. 
"(b) DUTIES.—The Vice Chief of the National Guard Bureau 
performs such duties as may be prescribed by the Chief of the 
National Guard Bureau. 
"(c) GRADE.—The Vice Chief of the National Guard Bureau 
shall be appointed to serve in the grade of major general. 
"(d) FUNCTIONS AS ACTING CHIEF.—When there is a vacancy 
in the office of the Chief of the National Guard Bureau or in 
the absence or disability of the Chief, the Vice Chief of the National 
Guard Bureau acts as Chief and performs the duties of the Chief 
until a successor is appointed or the absence or disability ceases. 
"(e) SUCCESSION AFTER CHIEF AND VICE CHIEF.—When there 
is a vacancy in the offices of both Chief and Vice Chief of the 
National Guard Bureau or in the absence or disability of both 
the Chief and Vice Chief of the National Guard Bureau, or when 
there is a vacancy in one such office and in the absence or disability 
of the officer holding the other, the senior officer of the Army 
National Guard of the United States or the Air National Guard 
of the United States on duty with the National Guard Bureau 
shall perform the duties of the Chief until a successor to the 
Chief or Vice Chief is appointed or the absence or disability of 
the Chief or Vice Chief ceases, as the case may be. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2827 
*'§ 10506. Other senior National Guard Bureau officers 
"(a) ADDITIONAL GENERAL OFFICERS.—(1) In addition to the 
Chief and Vice Chief of the National Guard Bureau, there shall 
be assigned to the National Guard Bureau— 
"(A) two general officers selected by the Secretary of the 
Army from officers of the Army National Guard of the United 
States who have been nominated by their respective Governors 
or, in the case of the District of Columbia, the commanding 
general of the District of Columbia National Guard, the senior 
of whom while so serving shall hold the grade of major general 
and serve as Director, Army National Guard, with the other 
serving as Deputy Director, Army National Guard; and 
"(B) two general officers selected by the Secretary of the 
Air Force from officers of the Air National Guard of the United 
States who have been nominated by their respective Governors 
or, in the case of the District of Columbia, the commanding 
general of the District of Columbia National Guard, the senior 
of whom while so serving shall hold the grade of major general 
and serve as Director, Air National Guard, with the other 
serving as Deputy Director, Air National Guard. 
"(2) The officers so selected shall assist the Chief of the National 
Guard Bureau in carrying out the functions of the National Guard 
Bureau as they relate to their respective branches. 
"(b) OTHER OFFICERS.—There are in the National Guard Bureau 
a legal counsel, a comptroller, and an inspector general, each of 
whom shall be appointed by the Chief of the National Guard 
Bureau. They shall perform such duties as the Chief may prescribe. 
<
<
§ 10508. Definition 
"In this chapter, the term 'State' includes the District of Colum-
bia, the Commonwealth of Puerto Rico, and Guam and the Virgin 
Islands.". 
(b) CONFORMING REPEAL.—(1) Section 3040 of title 10, United 
States Code, is repealed. 
(2) The table of sections at the beginning of chapter 305 of 
such title is amended by striking out the item relating to section 
3040. 
(c) CONFORMING AMENDMENT.—The text of section 108 of title 
32, United States Code, is amended to read as follows: 
"If, within a time fixed by the President, a State fails to President, 
comply with a requirement of this title, or a regulation prescribed 
imder this title, the National Guard of that State is barred, in 
whole or in part, as the President may prescribe, from receiving 
money or any other aid, benefit, or privilege authorized by law.". 
(d) EFFECTIVE DATE.—The provisions of chapter 1011 of title lo use losoi 
10, United States Code, as added by subsection (a), shall become "°**-
effective, and the repeal made by subsection (c) and the amendment 
made by subsection (c) shall take effect, at the end of the 90-
day period beginning on the date of the enactment of this Act. 
79-194 0—95—7 : QL 3 Part 4 
108 STAT. 2828 
PUBLIC LAW 103-337—OCT. 5, 1994 
Subtitle B—^Professional Military 
Education 
SEC. 911. AUTHORITY FOR MARINE CORPS UNIVERSITY TO AWARD 
THE DEGREE OF MASTER OF MILITARY STUDIES. 
(a) AUTHORITY TO AWARD.—(1) Chapter 609 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 7102. Marine Corps University: master of military studies 
"(a) AUTHORITY.—Upon the recommendation of the Director 
and faculty of the Command and Staff College of the Marine Corps 
University, the President of the Marine Corps University may confer 
the degree of master of military studies upon graduates of the 
college who fulfill the requirements for the degree. 
"(b) REGULATIONS.—The authority provided by subsection (a) 
shall be exercised under regulations prescribed by the Secretary 
of the Navy.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"7102. Marine Corps University: master of military studies.". 
10 use 7102 
(b) EFFECTIVE DATE.—The authority provided by section 7102(a) 
"°*^®- 
of title 10, United States Code, as added by subsection (a), shall 
become effective on the date on which the Secretary of Education 
determines that the requirements established by the Command 
and Staff College of the Marine Corps University for the degree 
of master of military studies are in accordance with generally 
applicable requirements for a degree of master of arts. 
Establishment. 
SEC. 912. BOARD OF ADVISORS FOR MARINE CORPS UNIVERSITY. 
note. 
The Secretary of the Navy shall establish a boEird of advisors 
for the Marine Corps University. The Secretary shall ensure that 
the board is established so as to meet all requirements of the 
appropriate regional accrediting association. 
SEC. 913. AUTHORITY FOR AIR UNIVERSITY TO AWARD THE DEGREE 
OF MASTER OF AIRPOWER ART AND SCIENCE. 
(a) AUTHORITY TO AWARD.—(1) Chapter 901 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§9317. Air University: master of airpower art and science 
"(a) AUTHORITY.—Upon the recommendation of the faculty of 
the School of Advanced Airpower Studies of the Air University, 
the Commander of the university may confer the degree of master 
of airpower art and science upon graduates of the school who 
fulfill the requirements for the degree. 
"(b) REGULATIONS.—The authority provided by subsection (a) 
shall be exercised under regulations prescribed by the Secretary 
ofthe Air Force.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"9317. Air University: master of airpower art and science.". 
10 u s e 9317 
(b) EFFECTIVE DATE.—The authority provided by section 9317(a) 
"°^®- 
of title 10, United States Code, as added by subsection (a), shall 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2829 
become effective on the date on which the Secretary of Education 
determines that the requirements estabhshed by the School of 
Advanced Airpower Studies of the Air University for the degree 
of master of airpower art and science are in accordance with gen-
erally applicable requirements for a degree of master of arts or 
a degree of master of science. 
SEC. 914. SENSE OF CONGRESS ON GRADE OF HEADS OF SENIOR 
10 USC note 
PROFESSIONAL MILITARY EDUCATION SCHOOLS. 
P^ec. 2161. 
It is the sense of Congress that an officer serving in a position 
as the head of one of the senior professional military education 
schools of the Department of Defense (or of the separate military 
departments) should, while so serving, hold a grade not less than 
the grade (or its equivalent) held by the officer serving in that 
position on the date of the enactment of this Act. 
Subtitle C—Other Matters 
SEC. 921. COMPOSITION OF RESERVE FORCES POLICY BOARD. 
Section 175(a) of title 10, United States Code, is amended— 
(1) in paragraph (4), by striking out "or Regular Marine 
Corps" £ina inserting in lieu thereof "and an officer of the 
Regular Marine Corps each"; 
(2) by striking out "and" at the end of paragraph (8); 
(3) by striking out the period at the end of paragraph 
(9) and inserting in lieu thereof"; and"; and 
(4) by adding at the end the following: 
"(10) an officer of the Regular Army, Regular Navy, Regular 
Air Force, or Regular Marine Corps serving in a position on 
the Joint Staff who is designated by the Chairman of the 
Joint Chiefs of Staff.". 
SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF 10 USC 2112 
THE HEALTH SCIENCES. 
note. 
(a) CLOSURE PROHIBITED.—The Uniformed Services University 
of the Health Sciences may not be closed. 
(b) BUDGETARY COMMITMENT TO CONTINUATION.—It is the sense 
of Congress that the Secretary of Defense should budget for the 
ongoing operation of the Uniformed Services University of the 
Health Sciences as an institution of professional education that 
is vital to the education and training each year of significant num-
bers of personnel of the uniformed services for careers as uniformed 
services health care providers. 
(c) GAG EVALUATION.—Not later than Jime 1, 1995, the Reports. 
Comptroller General of the United States shall submit to Congress 
a detailed report on the Uniformed Services University of the Health 
Sciences. The report shall include the following: 
(1) A comparison of the cost of obtaining physicians for 
the Armed Forces from the University with the cost of obtaining 
physicians from other sources. 
(2) An assessment of the retention rate needs of the Armed 
Forces for physicians in relation to the respective retention 
rates of physicians obtained from the University and physicigms 
obtained from other sources and the factors that contribute 
to retention rates among military physicians obtained from 
all sources. 
108 STAT. 2830 
PUBLIC LAW 103-337—OCT. 5, 1994 
(3) A review of the quality of the medical education pro-
vided at the University with the quality of medical education 
provided by other sources of military physicians. 
(4) A review of the overall issue of the special needs of 
military medicine and how those special needs are being met 
by physicians obtained from University and physicians obtained 
from other sources. 
(5) An assessment of the extent to which the University 
has responded to the 1990 report of the Inspector General 
of the Department of Defense, including recommendations as 
to resolution of any continuing issues relating to management 
and internal fiscal controls of the University, including issues 
relating to the Henry M. Jackson Foundation for the Advance-
ment of Military Medicine identified in the 1990 report. 
(6) Such other recommendations as the Comptroller Gen-
eral considers appropriate. 
SEC. 923. COMMISSION ON ROLES AND MISSIONS OF THE ARMED 
FORCES. 
(a) SIZE OF COMMISSION.—(1) Section 952(b)(1) of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1738; 10 U.S.C. I l l note) is amended by striking 
out "seven members" and inserting in lieu thereof "eleven members". 
10 use 111 note. 
(2) Section 956(b)(1) of such Act (107 Stat. 1740) is amended 
by striking out "Four members" and inserting in lieu thereof "Seven 
members". 
10 use 111 note. 
(3) The additional members of the Commission on Roles and 
Missions of the Armed Forces authorized by the amendment made 
by paragraph (1) shall be appointed by the Secretary of Defense 
not later than 30 days after the date of the enactment of this 
Act. 
(4) At least one of the additional members of the Commission 
appointed pursuant to the amendment made by paragraph (1) shall 
have previous military experience and management experience with 
the reserve components. 
(b) REVIEW OF RESERVE COMPONENTS.—Section 953 of such 
10 use 111 note. Act (107 Stat. 1738) is amended— 
(1) in subsection (d)— 
(A) by striking out "and" at the end of paragraph 
(7); 
(B) by striking out the period at the end of paragraph 
(8) and inserting in lieu thereof"; and"; and 
(C) by adding at the end the following new paragraph: 
"(9) the role of the Army National Guard of the United 
States, the Air National Guard of the United States, and the 
other reserve components."; 
(2) in subsection (e)(3), by inserting after "Department 
of Defense" the following: ", including the Army National Guard 
of the United States, the Air National Guard of the United 
States, and the other reserve components"; and 
(3) by adding at the end the following new subsection: 
"(h) RECOMMENDATIONS CONCERNING RESERVE COMPONENTS.— 
The Commission shall also address the roles, missions, and func-
tions of the Army National Guard of the United States, the Air 
National Guard of the United States, and the other reserve compo-
nents within the total force of the Armed Forces, particulsirly in 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2831 
light of lower budgetary resources that will be available to the 
Department of Defense in the future.". 
(c) RECOMMENDATIONS CONCERNING PROGRAMS AND FORCE 
STRUCTURE.—Section 953 of such Act is further amended by adding lo use ill note, 
after subsection (h), as added by subsection (b), the following: 
"(i) RECOMMENDATIONS CONCERNING PROGRAMS AND FORCE 
STRUCTURE.—^The Commission may also recommend changes that 
would better align programs and force structure with projected 
missions and threats.". 
(d) FFRDC SUPPORT.—(1) Section 957 of such Act (107 Stat. 
1741) is amended by adding at the end the following new subsection: 10 USC 111 note. 
"(f) FFRDC SUPPORT.—-(1) Upon the request of the chairman 
of the Commission, the Secretary of Defense shall make available 
to the Commission, without reimbursement, the services of any 
federally funded research and development center that is covered 
by a sponsoring agreement of the Department of Defense. The 
cost of the services made available under this subsection may 
not exceed $20,000,000. 
"(2) Notwithstanding any other provision of law, any analytic 
support or related services provided by such a center to the Commis-
sion shall not be subject to any overall ceiling established by this 
or any other Act on the activities or budgets of such centers.". 
(2) Such section is further amended by striking out the section 
heading and inserting in lieu thereof the following: 
"SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.". 
SEC. 924. RENAMING OF THE UNITED STATES COURT OF MILITARY 
APPEALS AND THE COURTS OF MILITARY REVIEW. 
(a) RENAMING OF THE COURT OF MILITARY APPEALS.—(1) The lo use 94i note. 
United States Court of MiUtary Appeals shall hereafter be known 
and designated as the United States Court of Appeals for the 
Armed Forces. 
(2) Section 941 of title 10, United States Code (article 141 
of the Uniform Code of Military Justice), is amended by striking 
out **United States Court of Military Appeals" and inserting in 
Ueu thereof "United States Court of Appeals for the Armed Forces". 
(b) RENAMING OF THE COURTS OF MILITARY REVIEW.—(1) Each lo use 866 note. 
Court of Mihtary Review shall here£ifter be known and designated 
as a Court of Criminal Appeals. 
(2) Section 866 of title 10, United States Code (article 66 
of the Uniform Code of Military Justice), is amended by striking 
out "Court of Military Review" each place it appears and inserting 
in lieu thereof "Court of Criminal Appeals". 
(c) CONFORMING AMENDMENTS TO TITLE 10.—Title 10, United 
States Code, is amended as follows: 
(1) The following sections are amended by striking out 
"Court of Military Appeals" each place it appears and inserting 
in lieu thereof "Court of Appeals for the Armed Forces": sections 
707(a)(2), 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 
944, 945, and 946(b)(1). 
(2) The following sections are amended by striking out 
"Court of Military Review" each place it appears and inserting 
in lieu thereof "Court of Criminal Appeals": sections 707(a)(2), 
862(b), 867, 868, 869, 870, 871, and 873. 
(3)(A) The heading of subchapter XII of chapter 47 is 
amended to read as follows: 
108 STAT. 2832 
PUBLIC LAW 103-337—OCT. 5, 1994 
"SUBCHAPTER XII—UNITED STATES COURT OF APPEALS 
FOR THE ARMED FORCES". 
(B) The table of subchapters at the beginning of chapter 
47 is amended by striking out the item relating to subchapter 
XII and inserting in lieu thereof the following: 
"XII. United States Court of Appeals for the Armed Forces 
941 141". 
(4)(A) The heading of section 866 is amended to read as 
follows: 
"§ 866. Art. 66. Review by Court of Criminal Appeals". 
(B) The heading of section 867 is amended to read as 
follows: 
^§ 867. Art. 67. Review by the Court of Appeals for the Armed 
Forces". 
(C) The items relating to sections 866 and 867 (articles 
66 and 67) in the table of sections at the beginning of sub-
chapter D
C of chapter 47 are amended to read as follows: 
"866. 66. Review by Court of Criminal Appeals. 
"867. 67. Review by the Court of Appeals for the Armed Forces.". 
(d) CONFORMING AMENDMENTS TO OTHER LAWS.— 
(1) The following titles of the United States Code are 
amended by striking out "Court of Military Appeals" each place 
it appears in the specified sections and inserting in lieu thereof 
"Court of Appeals for the Armed Forces": 
(A) In title 5, sections 8334(a)(1), 8336(1), 8337(a), 
8338(c), 8339(d)(6), and 8339(h) and the table in section 
8334(c). 
(B) In title 18, sections 202(e)(2) and 6001(4). 
(C) In title 28, sections 1259 and 2101(g). 
(D) In title 44, section 906. 
(2)(A) The heading of section 1259 of title 28, United States 
Code, is amended to read as follows: 
*'§ 1259. Court of Appeals for the Armed Forces; certiorari'\ 
(B) The item relating to section 1259 in the table of sections 
at the beginning of chapter 81 of such title is amended to 
read as follows: 
"1259. Court of Appeals for the Armed Forces; certiorari.". 
(3) Section 109 of the Ethics in Government Act of 1978 
(5 U.S.C. App.) is amended by striking out "Court of Military 
Appeals" each place it appears in paragraphs (8) and (10) 
and inserting in lieu thereof "Court of Appeals for the Armed 
Forces". 
SEC. 925. BUDGET SUPPORT FOR RESERVE ELEMENTS OF SPECIAL 
OPERATIONS COMMAND. 
Section 167 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(k) BUDGET SUPPORT FOR RESERVE ELEMENTS.—(1) Before the 
budget proposal for the special operations command for any fiscal 
year is submitted to the Secretary of Defense, the commsinder 
of the command shall consult with the Secretaries of the military 
departments concerning funding for reserve component special oper-
ations units. If the Secretary of a military department does not 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2833 
concur in the recommended level of funding with respect to any 
such unit that is under the jurisdiction of the Secretary, the com-
mander shall include with the budget proposal submitted to the 
Secretary of Defense the views of the Secretary of the miUtary 
department concerning such funding. 
"(2) Before the budget proposal for a military department for 
any fiscal year is submitted to the Secretary of Defense, the Sec-
retary of that military department shall consult with the com-
mander of the special operations command concerning funding for 
special operations forces in the military personnel budget for a 
reserve component in that military department. If the commander 
of that command does not concur in the recommended level of 
funding with respect to reserve component special operations units, 
the Secretary shall include with the budget proposal submitted 
to the Secretary of Defense the views of the commander of that 
command.". 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by 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 1995 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 
(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 imder the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATIONS OF APPRO-
PRIATIONS FOR FISCAL YEAR 1994. 
(a) 
AUTHORIZATION 
OF PRIOR 
EMERGENCY 
SUPPLEMENTAL 
APPROPRIATIONS.—Funds 
appropriated 
to the Department of 
Defense for fiscal year 1994 in chapter 3 of title I of the Emergency 
Supplemental Appropriations Act of 1994 (Public Law 103-211; 
108 Stat. 5) for the purposes stated in section 302 of such Act 
(108 Stat. 7), relating to the incremental and associated costs of 
the Department of Defense incurred in connection with ongoing 
108 STAT. 2834 
PUBLIC LAW 103-337—OCT. 5, 1994 
United States operations relating to Somalia, Bosnia, Southwest 
Asia, £ind Haiti, are hereby authorized in amounts as follows: 
(1) For Military Personnel: 
(A) For the Army, $6,600,000. 
(B) For the Navy, $19,400,000. 
(C) For the Air Force, $18,400,000. 
(2) For Operation and Maintenance: 
(A) For the Army, $420,100,000. 
(B) For the Navy, $104,800,000. 
(C) For the Air Force, $560,100,000. 
(D) For Defense-wide activities, $21,600,000. 
(3) For Procurement: 
(A) For Aircraft Procurement, Army, $20,300,000. 
(B) For Other Procurement, Army, $200,000. 
(C) For Other Procurement, Air Force, $26,800,000. 
(b) AUTHORIZATION OF SUPPLEMENTAL APPROPRL\TIONS FOR 
RELIEF OF RWANDA REFUGEES.—There is authorized to be appro-
priated to the Emergency Response Fiuid, Defense, as emergency 
supplemental appropriations for fiscal year 1994 the sum of 
$270,000,000 to be used to reimburse appropriations of the Depart-
ment of Defense for costs incurred for emergency relief for Rwanda. 
10 use 114 note. SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompany the bill S. 
2182 of the One Hundred 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 such 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. 
President. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall 
provide for appropriate distribution of the Classified Annex, or 
of appropriate portions of the annex, within the executive branch 
of the Government. 
SEC. 1004. DATE FOR SUBMISSION OF FUTURE-YEARS MISSION 
BUDGET. 
Section 222(a) of title 10, United States Code, is amended 
by striking out "at the same time that" in the second sentence 
and inserting in lieu thereof "not later than 60 days after the 
date on which". 
SEC. 1005. SUBMISSION OF NEXT FUTURE-YEARS DEFENSE PROGRAM 
AS REQUIRED BY LAW. 
(a) CONDITION ON OBLIGATION OF ADVANCE 
PROCUREMENT 
FUNDS.—If, as of the end of the 90-day period beginning on the 
date on which the President's budget for fiscal year 1996 is submit-
ted to Congress, the Secretary of Defense has not submitted to 
Congress the fiscal year 1996 future-years defense program, then 
during the 30-day period beginning on the last day of such 90-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2835 
day period the Secretary may not obligate more than 10 percent 
of the fiscal year 1995 advance procurement funds that are available 
for obligation as of the end of that 90-day period. If, as of the 
end of such 30-day period, the Secretary of Defense has not submit-
ted to Congress the fiscal year 1996 future-years defense program, 
then the Secretary may not make any fiirther obligation of fiscal 
year 1995 advance procurement funds until such program is submit-
ted to Congress. 
(b) REMOVAL OF CONDITION.—If the Secretary submits to Con-
gress the fiscal year 1996 future-years defense program during 
the 30-day period described in the first sentence of subsection 
(a), the limitation on obligation of advance procurement fluids pre-
scribed in that sentence shall cease to apply effective as of the 
date of the submission of such program. 
(c) COMPLIANCE CERTIFICATION AS CONDITION OF EFFECTIVE 
SUBMISSION OF FYDP.—A submission of the fiscal year 1996 future-
years defense program may not be considered to have been made 
for purposes of thus section luiless the submission is accompanied 
by a certification by the Secretary that such program as submitted 
satisfies the requirements of section 221(b) of title 10, United States 
Code. Any such certification may be made by the Secretary only 
after consultation with the Inspector General of the Department 
of Defense. 
(d) DEFINITIONS.—For purposes of this section: 
(1) The term "fiscal year 1996 future-years defense pro-
gram" means the multiyear defense program (including associ-
ated annexes) covering fiscal years beginning with fiscal year 
1996 required (by section 221 of title 10, United States Code) 
to be submitted to Congress in conjunction with the President's 
budget for that fiscal year. 
(2) The term "fiscal year 1995 advance procurement fluids" 
means funds appropriated for the Department of Defense for 
fiscal year 1995 that are available for advance procurement. 
SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED 
FISCAL YEAR 1994 DEFENSE APPROPRIATIONS. 
(a) AUTHORITY.—The amounts described in subsection (b) may 
be obligated and expended for programs, projects, euid activities 
of the Department of Defense in accordance with fiscal year 1994 
defense appropriations except as otherwise provided in subsections 
(c) and (d). 
(b) COVERED AMOUNTS.—^The amoiuits referred to in subsection 
(a) are the amounts provided for programs, projects, and activities 
of the Department of Defense in fiscal year 1994 defense appropria-
tions that are in excess of the amounts provided for such programs, 
projects, and activities in fiscal year 1994 defense authorizations. 
(c) 
PROGRAMS NOT AVAILABLE FOR OBLIGATION.—Amounts 
described in subsection (b) which remain available for obligation 
on the date of the enactment of this Act may not be obligated 
or expended for the following programs, projects, £uid activities 
of the Department of Defense (for which amounts were provided 
in fiscal year 1994 defense appropriations): 
(1) The Guardrail modifications program luider "Aircraft 
Prociu-ement, Army" in the amount of $19,000,000. 
(2) The AT-4 upgrade program under "Procurement of 
Ammiuiition, Armjr" in the amoimt of $15,000,000. 
108 STAT. 2836 
PUBLIC LAW 103-337—OCT. 5, 1994 
(3) The Combat Vehicle Modernization program imder 
"Research, Development, Test, and Evaluation, Army" in the 
amount of $20,000,000 for incorporation of the Saudi Arabia 
M1A2 electronic data processing, storage Eind retrieval system 
in the United States version of the M1A2 tank. 
(d) MANUFACTURING TECHNOLOGY.—The Secretary of Defense 
may obligate fiscal year 1994 defense appropriations imder the 
Manufacturing Technology Development program which remain 
available for obligation on the date of the enactment of this Act 
in accordance with the competition and cost-sharing requirements 
of subsection (d) of section 2525 of title 10, United States Code, 
as amended by section 256 of this Act, notwithstanding any other 
provision of law that specifies (or has the effect of requiring) that 
a contract be entered into with, or a grant be made to, a particular 
institution or entity. 
(e) DEFINITIONS.—For the purposes of this section: 
(1) FISCAL YEAR 1994 DEFENSE APPROPRIATIONS.—The term 
"fiscal year 1994 defense appropriations" means amoimts appro-
priated or otherwise made available to the Department of 
Defense for fiscal year 1994 in the Department of Defense 
Appropriations Act, 1994 (PubUc Law 103-139). 
(2) FISCAL YEAR 1994 DEFENSE AUTHORIZATIONS.—The term 
"fiscal year 1994 defense authorizations" mesms amounts 
authorized to be appropriated for the Department of Defense 
for fiscal year 1994 in the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160). 
Subtitle B—Counter-Drug Activities 
SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG 
ACTIVITIES. 
(a) EXTENSION OF CURRENT AUTHORITY.—Section 1004(a) of 
the National Defense Authorization Act for Fiscal Year 1991 (10 
U.S.C. 374 note) is amended by striking out "through 1995" and 
inserting in lieu thereof "through 1999". 
10 use 374 note. 
(b) CONDITION ON TRANSFER OF FUNDS.—Funds appropriated 
for the Department of Defense may not be transferred to a National 
Drug Control Program agency account except to the extent provided 
in a law that specifically states— 
(1) the amoimt authorized to be transferred; 
(2) the accoimt from which such amount is authorized 
to be transferred; and 
(3) the account to which such amount is authorized to 
be transferred. 
(c) CONDITION ON DETAILING PERSONNEL.—Personnel of the 
Department of Defense may not be detailed to another depeirtment 
or agency in order to implement the National Drug Control Strategy 
imless the Secretary of Defense certifies to Congress that the detail 
of such personnel is in the national security interest of the United 
States. 
(d) RELATIONSHIP TO OTHER LAW.—A provision of law may 
not be construed as modifying or superseding the provisions of 
subsection (b) or (c) unless that provision of law— 
(1) specifically refers to this section; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2837 
(2) specifically states that such provision of law modifies 
or supersedes the provisions of subsection (b) or (c), as the 
case may be. 
SEC. 1012. OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND 
22 USC 2291-4. 
AGENTS OF THE UNITED STATES AND FOREIGN COUN-
TRIES ENGAGED IN INTERDICTION OF AIRCRAFT USED 
IN ILLICIT DRUG TRAFFICKING. 
(a) EMPLOYEES AND AGENTS OF FOREIGN COUNTRIES.—Notwith-
standing any other provision of law, it shall not be unlawful for 
authorized employees or agents of a foreign country (including 
members of the armed forces of that country) to interdict or attempt 
to interdict an aircraft in that country's territory or airspace if— 
(1) that aircraft is reasonably suspected to be primarily 
engaged in illicit drug trafficking; and 
(2) the President of the United States, before the interdic-
tion occurs, has determined with respect to that country that— 
(A) interdiction is necessary because of the extraor-
dinary threat posed by illicit drug trafficking to the national 
security of that country; and 
(B) the country has appropriate procedures in place 
to protect against innocent loss of life in the air and on 
the groiuid in connection with interdiction, which shall 
at a minimum include effective means to identify £ind warn 
an aircraft before the use of force directed against the 
aircraft. 
(b) EMPLOYEES AND AGENTS OF THE UNITED STATES.—Notwith-
standing any other provision of law, it shall not be unlawful for 
authorized employees or agents of the United States (including 
members of the Armed Forces of the United States) to provide 
assistance for the interdiction actions of foreign countries authorized 
under subsection (a). The provision of such assistance shall not 
give rise to any civil action seeking money damages or any other 
form of relief against the United States or its employees or agents 
(including members of the Armed Forces of the United States). 
(c) DEFINITIONS.—For purposes of this section: 
(1) The terms "interdict" and "interdiction", with respect 
to an aircraft, mean to damage, render inoperative, or destroy 
the aircraft. 
(2) The term "illicit drug trafficking" means illicit traffick-
ing in narcotic drugs, psychotropic substances, and other con-
trolled substances, as such activities are described by any inter-
national narcotics control agreement to which the United States 
is a signatory, or by the domestic law of the country in whose 
territory or airspace the interdiction is occurring. 
(3) The term "assistance" includes operational, training, 
intelligence, logistical, technical, and administrative assistance. 
SEC. 1013. REPORT ON STATUS OF DEFENSE RANDOM DRUG TESTING 
PROGRAM. 
Not later than six months after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress 
a report describing the policy and procedures imder which the 
Armed Forces conduct random drug testing of members of the 
Armed Forces, the frequency of such testing, and the number of 
members annually required to submit to such testing. The report 
shall describe any changes that were made to such policy or proce-
108 STAT. 2838 
PUBLIC LAW 103-337—OCT. 5, 1994 
dures, or to the frequency of such testing, during the one-ye£ir 
period ending on the date of the enactment of this Act. 
Subtitle C—^Naval Vessels and Related 
Matters 
California. 
SEC. 1021. TRANSFER OF USNS MAURY. 
(a) IN GENERAL.—^The Secretary of the Navy shall transfer 
the USNS Maury (TAGS-39) to the Department of Transportation 
for assignment as a training ship to the California Maritime Acad-
emy at VgJlejo, California. The transfer shall be made on the 
date of the decommissioning of that vessel. 
(b) TERMS AND CONDITIONS.—(1) In carrying out subsection 
(a), the Secretary shall deliver the vessel— 
(A) at the place where the vessel is located on the date 
of the conveyance; 
(B) in its condition on that date; and 
(C) at no cost to the United States. 
(2) The Secretary may require such additional terms £ind condi-
tions in connection with the trsmsfer authorized by this section 
as the Secretary considers appropriate. 
SEC. 1022. TRANSFER OF OBSOLETE VESSEL USS GUADALCANAL. 
(a) AUTHORITY.—Notwithstsmding subsections (a) and (d) of 
section 7306 of title 10, United States Code, but subject to sub-
sections (b) and (c) of that section, upon the decommissioning of 
the USS Guadalcanal (LPH-7), the Secretary of the Navy may 
transfer the USS Guadalcanal to the not-for-profit organization 
Intrepid Museum Foundation, New York, New York. 
(b) LIMITATION.—The transfer authorized by subsection (a) may 
be made only if the Secretary determines that the vessel USS 
Guadalcanal 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. 1023. MARITIME PREPOSITIONING SHIP PROGRAM ENHANCE-
MENT. 
Section 2218(f) of title 10, United States Code, shsdl not apply 
in the case of the purchase of three ships for the purpose of 
enhancing Marine Corps prepositioning ship squadrons. 
Subtitle D—POW/MIA Matters 
10 use 113 note. 
SEC. 1031. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT 
AND COLD WAR POW/MIAS WHO REMAIN UNACCOUNTED 
FOR. 
(a) SINGLE POINT OF CONTACT.—The Secretary of Defense shall 
designate an official of the Department of Defense to serve as 
a single point of contact within the department— 
(1) for the immediate family members (or their designees) 
of any unaccounted-for Korean conflict POW/MIA; and 
(2) for the immediate family members (or their designees) 
of any unaccounted-for Cold War POW/MIA. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2839 
(b) FUNCTIONS.—^The official designated under subsection (a) 
shall serve as a liaison between the family members of unaccounted-
for Koresin conflict POW/MIAs and unaccounted-for Cold War POW/ 
MIAs £ind the Department of Defense and other Federal depart-
ments and agencies that may hold information that may relate 
to such POW/MIAs. The functions of that official shall include 
assisting family members— 
(1) with the procedures the family members may follow 
in their search for information about the unaccounted-for 
Korean conflict POW/MIA or imaccounted-for Cold War POW/ 
MIA, as the case may be; 
(2) in learning where they may locate information about 
the unaccounted-for POW/MIA; and 
(3) in learning how and where to identify classified records 
that contain pertinent information and that will be declassified. 
(c) ASSISTANCE IN OBTAINING DECLASSIFICATION.—The official 
designated under subsection (a) shall seek to obtain the rapid 
declassification of any relevant classified records that are identified. 
(d) REPOSITORY.—The official designated imder subsection (a) 
shall provide all documents relating to unaccounted-for Korean 
conflict POW/MIAs and unaccounted-for Cold War POW/MIAs that 
are located as a result of the official's efforts to the Nationsd 
Archives and Records Administration, which shall locate them in 
a centralized repository. 
(e) DEFINITIONS.—For purposes of this section: 
(1) The term "unaccounted-for Korean conflict POW/MIA" 
means a member of the Armed Forces or civilian employee 
of the United States who, as a result of service during the 
Korean conflict, was at any time classified as a prisoner of 
w£ir or missing-in-action £ind whose person or remains have 
not been returned to United States control and who remains 
unaccounted for. 
(2) The term "imaccotmted-for Cold War POW/MIA" means 
a member of the Armed Forces or civilian employee of the 
United States who, as a result of service during the period 
fi-om September 2, 1945, to August 21, 1991, was at any time 
classified as a prisoner of war or missing-in-action and whose 
person or remains have not been returned to United States 
control and who remains unaccounted for. 
(3) The term "Korean conflict" has the meaning given such 
term in section 101(9) of title 38, United States Code. 
SEC. 1032. REQUIKEMENT FOR SECRETARY OF DEFENSE TO SUBMIT 
RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW 
CONCERNING MISSING PERSONS. 
(a) REVIEW.—The Secretary of Defense shall conduct a review 
of the provisions of chapter 10 of title 37, United States Code, 
relating to missing persons. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress 
a report containing the Secretary's recommendations as to whether 
those provisions of law should be amended. 
(c) CONSULTATION.—The review under subsection (a) shall be 
carried out in consultation with the Secretaries of the military 
departments. 
108 STAT. 2840 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 1033. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND 
THE MINISTRY OF NATIONAL DEFENSE OF CHINA ON 
POW/MIA ISSUES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Select Committee on POW/MIA Affairs of the Sen-
ate, in its final report, dated January 13, 1993, concluded— 
(A) that "many American POWs had been held in 
China during the Korean conflict and that foreign POW 
camps in both China and North Korea were run by Chinese 
officials"; and 
(B) that "given the fact that only 26 Army and 15 
Air Force personnel returned from China following the 
war, the committee can now firmly conclude that the Peo-
ple's Republic of China surely has information on the fate 
of other unaccounted for American POWs from the Korean 
conflict.". 
(2) The Select Committee on POW/MIA Affairs rec-
ommended in that report that "the Department of State and 
Defense form a POW/MIA task force on China similar to Task 
Force Russia.". 
(3) Neither the Department of Defense nor the Department 
of State has held substantive discussions with officials from 
the People's Republic of China concerning unaccounted for 
American prisoners of war of the Korean conflict. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should establish contact with officials 
of the Ministry of Defense of the People's Republic of China regard-
ing unresolved issues relating to American prisoners of war and 
American personnel missing in action as a result of the Korean 
conflict. 
SEC. 1034. INFORMATION CONCERNING UNACCOUNTED FOR UNITED 
STATES PERSONNEL OF THE VIETNAM CONFLICT. 
Reports. 
(a) REQUIREMENT.—Not later than 45 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report containing the information specified in sub-
section (b) pertaining to United States personnel involved in the 
Vietnam conflict who remain not accounted for. 
(b) REQUIRED INFORMATION.—The information to be provided 
in the report under subsection (a) is as follows: 
(1) A complete listing by name of all such personnel about 
whom it is possible that officials of the Socialist Republic of 
Vietnam can produce additional information or remains that 
could lead to the maximum possible accounting for those person-
nel, as determined on the basis of all information available 
to the United States Government. 
(2) A complete listing by name of all such personnel about 
whom it is possible that officials of the Lao People's Democratic 
Republic can produce additional information or remains that 
could lead to the maximum possible accounting for those person-
nel, as determined on the basis of all information available 
to the United States Government. 
SEC. 1035. REPORT ON POW/MIA MATTERS CONCERNING 
NORTH 
KOREA. 
(a) FINDINGS.—Congress msikes the following findings: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2841 
(1) The Select Committee on POW/MIA Affairs of the Sen-
ate concluded in its final report, dated January 13, 1993, that 
"it is likely that a large number of possible MIA remains 
can be repatriated and several records and documents on unac-
counted for POWs and MIA's can be provided from North 
Korea once a joint working level commission is set up under 
the leadership of the United States.". 
(2) The Select Committee recommended in such report 
that "the Departments of State and Defense take immediate 
steps to form this commission through the United Nations 
Command at Panmimjom, Korea" and that the "commission 
should have a strictly humanitarian mission and should not 
be tied to political developments on the Korean peninsula.". 
(3) In August 1993, the United States and North Korea 
entered into an agreement concerning the repatriation of 
remains of United States personnel. 
(4) The establishment of a joint working level commission 
with North Korea could enhance the prospects for results under 
the August 1993 agreement. 
(b) REPORT.—The Secretary of Defense shall, at the end of 
January and September of 1995, submit a report to Congress on 
the status of efforts to obtain information from North Korea concern-
ing United States personnel involved in the Korean conflict who 
remain not accounted for and to obtain from North Korea any 
remains of such personnel. 
(c) COMMISSION.—The President shall give serious consideration 
President, 
to establishing a joint working level commission with ^I'orth Korea, 
consistent with the recommendations of the Select Committee on 
POW/MIA Affairs of the Senate set forth in the final report of 
the committee, dated January 13, 1993, to resolve the remaining 
issues relating to United States personnel who became prisoners 
of war or missing in action during the Korean conflict. 
SEC. 1036. DISCLOSURE 
OF INFORMATION 
CONCERNING 
UNAC-
COUNTED FOR UNITED STATES PERSONNEL FROM THE 
KOREAN CONFLICT, THE VIETNAM ERA, AND THE COLD 
WAR. 
Section 1082 of the National Defense Authori: ation Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401 
note) is amended— 
(1) in subsection (a), by striking out paragraph (2) and 
inserting in lieu thereof the following: 
"(2) Paragraph (1) applies to siny record, live-sighting report, 
or other information in the custody of the official custodian referred 
to in subsection (d)(3) that may pertain to the location, treatment, 
or condition of (A) United States personnel who remain not 
accounted for as a result of service in the Armed Forces or other 
Federal Government service during the Korean conflict, the Vietnam 
era, or the Cold War, or (B) their remains."; 
(2) in subsection (c)— 
(A) by striking out the first sentence in paragraph 
(1) and inserting in lieu thereof the following: "In the 
case of records or other information originated by the 
Department of Defense, the official custodi£in shall make 
such records and other information available to the public 
pursueint to this section not later than September 30, 
1995."; 
108 STAT. 2842 
PUBLIC LAW 103-337—OCT. 5, 1994 
(B) in paragraph (2), by striking out "after March 
1,1992,"; and 
(C) in paragraph (3), by striking out "a Vietnam-era 
POW/MIA who may still be alive in Southeast Asia," and 
inserting in lieu thereof "any United States personnel 
referred to in subsection (a)(2) who remain not accounted 
for but who may still be alive in captivity,"; 
(3) by striking out subsection (d) and inserting in lieu 
thereof the following: 
"(d) DEFINITIONS.—^For purposes of this section: 
"(1) The terms 'Korean conflict' and *Vietnam era' have 
the meanings given those terms in section 101 of title 38, 
United States Code. 
"(2) The term 'Cold War' means the period from the end 
of World War II to the beginning of the Korean conflict and 
the period from the end of the Korean conflict to the beginning 
of the Vietnam era. 
"(3) The term 'official custodian' means— 
"(A) in the case of records, reports, and information 
relating to the Korean conflict or the Cold War, the 
Archivist of the United States; and 
"(B) in the case of records, reports, and information 
relating to the Vietnam era, the Secretary of Defense."; 
and 
(4) by striking out the section heading and inserting: 
"SEC. 1082. DISCLOSURE 
OF INFORMATION 
CONCERNING 
UNAC-
COUNTED FOR UNITED STATES PERSONNEL OF THE 
COLD WAR, THE KOREAN CONFLICT, AND THE VIETNAM 
ERA.". 
Subtitle E—Miscellaneous Reporting 
Requirements 
10 use 113 note. SEC. 1041. ANNUAL REPORT ON DENIAL, REVOCATION, AND SUSPEN-
SION OF SECURITY CLEARANCES. 
(a) IN GENERAL.—^The Secretary of Defense shall submit to 
Congress, not later than 90 days after the close of each of fiscal 
years 1995 through 2000, a report concerning the denial, revocation, 
or suspension of security clearances for Department of Defense 
military and civilian personnel, and for Department of Defense 
contractor employees, for that fiscal year. 
(b) MATTER TO BE INCLUDED IN REPORT.—The Secretary shall 
include in each such report the following information with respect 
to the fiscal year covered by the report (shown separately for mem-
bers of the Armed Forces, civilian officers and employees of the 
Department of Defense, and employees of contractors of the Depart-
ment of Defense): 
(1) The number of denials, revocations, and suspensions 
of a security clearance, including clearance for special access 
programs and for sensitive compartmented information. 
(2) For cases involving the denial or revocation of a security 
clearance, the average period from the date of the initisd deter-
mination and notification to the individual concerned of the 
denial or revocation of the clearance to the date of the final 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2843 
determination of the denial or revocation, as well as the shortest 
and longest period in such cases. 
(3) For cases involving the suspension of a security clear-
ance, the average period from the date of the initial determina-
tion and notification to the individual concerned of the suspen-
sion of the clear£ince to the date of the final determination 
of the suspension, as well as the shortest and longest period 
of such cases. 
(4) The number of cases in which a security clearance 
was suspended in which the resolution of the matter was the 
restoration of the security clearance, and the average period 
for such suspensions. 
(5) The number of cases (shown only for members of the 
Armed Forces and civilian officers and employees of the Depart-
ment of Defense) in which an individual who had a security 
clearance denied or revoked remained a member of the Armed 
Forces or a civilian officer or employee, as the case may be, 
at the end of the fiscal year. 
(6) The number of cases in which an individual who had 
a security clearance suspended, and in which no final deter-
mination had been made, remained a member of the Armed 
Forces, a civilian officer or employee, or an employee of a 
contractor, as the case may be, at the end of the fiscal year. 
(7) The number of cases in which an appeal was made 
from a final determination to deny or revoke a security clear-
Eince and, of those, the number in which the appeal resulted 
in the granting or restoration of the security clearance. 
SEC. 1042. REPORT ON USE OF LOW-ENRICHED URANIUM AS FUEL 
FOR NAVAL NUCLEAR REACTORS. 
(a) REQUIREMENT OF REPORT.—Not later than June 1, 1995, 
the Secretary of the Navy shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a 
report on the use of low-enriched uranium (instead of highly-
enriched uranium) as fuel for naval nuclear reactors. 
(b) CONTENTS OF REPORT.—The report shall include an assess-
ment of the following: 
(1) The advantages and disadvantages of the use of low-
enriched uranium (instead of highly-enriched uranium) as fuel 
for naval nuclear reactors. 
(2) The effects of such use on the following: 
(A) Operating performance, ship displacement, and 
reactor core life, including the full range of plausible trade-
offs among operating performance, ship displacement, and 
reactor core life that may result from such use. 
(B) Construction costs and operating costs. 
(C) Naval fuel cycles. 
(D) Policies of the United States for the nonprolifera-
tion of nuclear weapons, including the proposal of the Presi-
dent for a global ban on the production of fissile materials 
for weapons. 
(3) The implications of such use for current and future 
United States nuclear-powered naval vessels. 
(4) The complexity and effectiveness of safeguards under 
naval fuel cycles for low-enriched uranium in relation to the 
complexity and effectiveness of safeguards under naval fuel 
cycles for highly-enriched uranium. 
108 STAT. 2844 
PUBLIC LAW 103-337—OCT. 5, 1994 
(5) The risk of theft or diversion of low-enriched uranium 
under naval fuel cycles for low-enriched urEinium in relation 
to the risk of theft or diversion of highly-enriched urgmium 
under naval fuel cycles for highly-enriched uranium. 
(6) The potential savings that might be achieved, and the 
potential additional costs that might be incurred, as a result 
of the use of low-enriched uranium instead of highly-enriched 
uranium as fuel for naval nuclear reactors. 
(7) Any additional information that the Secretary of the 
Navy considers to be appropriate. 
Subtitle F—Congressional Findings, Poli-
cies, Commendations, and Commemora-
tions 
SEC. 1051. SENSE OF CONGRESS CONCERNING COMMENDATION OF 
INDIVIDUALS EXPOSED TO MUSTARD AGENTS DURING 
WORLD WAR n TESTING ACTIVITIES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should issue to each individual described 
in subsection (b) a commendation in honorary recognition of the 
individual's special service, loyalty, and contribution to the United 
States. 
(b) COVERED INDIVIDUALS.—Individuals referred to in sub-
section (a) are those individuals who, as members of the Armed 
Forces or employees of the Department of War during World War 
II, were exposed (without their knowledge or consent) to mustard 
agents in connection with testing performed by the Department 
of War during that war. 
(c) NOTIFICATION OF EXPOSURE.—The Secretary of Defense shall 
notify each surviving individual described in subsection (b) of— 
(1) the exposure described in subsection (b); 
(2) the possible health effects of the exposure that are 
known to the Secretary; and 
(3) the likely options available to the individual for medical 
treatment for any adverse health effects resulting from the 
exposure. 
(d) FURNISHING OF INFORMATION TO SECRETARY OF VETERANS 
AFFAIRS.—The Secretary of Defense shall provide to the Secretary 
of Veterans Affairs any information of the Department of Defense 
regarding the exposure described in subsection (b), including the 
names of the individuals described in subsection (b). 
SEC. 1052. USS INDIANAPOLIS (CA-35): GALLANTRY, SACRIFICE AND 
A DECISIVE MISSION TO END W
W n. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The USS INDIANAPOLIS served the people of the 
United States with valor and distinction throughout World 
War II in action against enemy forces in the Pacific Theater 
of Operations from 7 December 1941 to 29 July 1945. 
(2) The fast and powerful heavy cruiser with its courageous 
and capable crew, compiled an impressive combat record during 
her victorious forays across the battle-torn reaches of the 
Pacific, receiving in the process ten hard-earned Battle Stars 
from the Aleutians to Okinawa. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2845 
(3) This mighty ship repeatedly proved herself a swift, 
hard-hitting weapon of our Pacific Fleet, rendering invaluable 
service in anti-shipping, shore bombardments, anti-air and 
invasion support roles, and serving with honor and great 
distinction as Fifth Fleet Flagship under Admiral Ra3miond 
Spruance, USN, and Third Fleet Flagship under Admiral Wil-
ham F. Halsey, USN. 
(4) This gallant ship, owing to her superior speed and 
record of accomplishment, transported the world's first oper-
ational atomic bomb to the Island of Tinian, accomplishing 
her mission at a record average speed of 29 knots. 
(5) Following the accomplishment of her mission, the 
INDIANAPOLIS departed Tinian for Guam and, thereafter, 
embarked from Guam for the Leyte Gulf where she was to 
join with the fleet assembling for the invasion of Japan. 
(6) At 0014 hours on 30 July 1945, the USS INDIANAP-
OLIS was sunk by enemy torpedo action. 
(7) Of the approximately 900 members of her crew of 1,198 
officers and men who survived the initial torpedo attack, only 
319 were eventually rescued because, as a result of the ship's 
communication ability having been destroyed in the attack, 
the sinking of the USS INDIANAPOLIS was not discovered 
for five fateful days, during which the survivors suffered inces-
sant shark attacks, starvation, desperate thirst, and exposure. 
(8) From her participation in the earliest offensive actions 
in the Pacific in World War II to becoming the last capital 
ship lost in that conflict, the USS INDIANAPOLIS and her 
crew left an indelible imprint on our nation's struggle to even-
tual victory. 
(9) This selfless and outstanding performance of duty 
reflects great credit upon the ship and her crew, thus upholding 
the very highest traditions of the United States Navy. 
(b) RECOGNITION AND COMMENDATION.—Congress, acting on 
behalf of the grateful people of the United States, hereby— 
(1) recognizes the invaluable contributions of the USS 
INDIANAPOLIS to the ending of World War II; and 
(2) on the occasion of the 50th Anniversary of her tragic 
sinking, and the dedication of her National Memorial in 
Indianapolis on July 30th, 1995, commends this gallant ship 
and her crew for selfless and heroic service to the United 
States of America. 
Subtitle G—Other Matters 
SEC. 1061. INCREASED AUTHORITY TO ACCEPT VOLUNTARY SERVICES. 
(a) EXPANSION OF AUTHORITY.—The text of section 1588 of 
title 10, United States Code, is amended to read as follows: 
"(a) AUTHORITY TO ACCEPT SERVICES.—Subject to subsection 
(b) and notwithstanding section 1342 of title 31, the Secretary 
concerned may accept from einy person the following services: 
"(1) Voluntary medical services, dental services, nursing 
services, or other health-care related services. 
"(2) Voluntary services to be provided for a museum or 
a natural resources program. 
108 STAT. 2846 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(3) Voluntary services to be provided for programs provid-
ing services to members of the armed forces and the families 
of such members, including the following programs: 
"(A) Family support programs. 
"(B) Child development and youth services programs. 
"(C) Library and education programs. 
"(D) Religious programs. 
"(E) Housing referral programs. 
"(F) Programs providing employment assistance to 
spouses of such members. 
"(G) Morale, welfare, and recreation programs, to the 
extent not covered by another subparagraph of this para-
graph. 
"(b) REQUIREMENTS AND LIMITATIONS.—(1) The Secretary con-
cerned shall notify the person of the scope of the services accepted. 
"(2) With respect to a person providing voluntary services 
accepted under subsection (a), the Secretary concerned shall— 
"(A) supervise the person to the same extent as the Sec-
retary would supervise a compensated employee providing simi-
lar services; and 
"(B) ensure that the person is licensed, privileged, has 
appropriate 
credentials, or is otherwise qualified 
under 
applicable law or regulations to provide such services. 
"(3) With respect to a person providing voluntary services 
accepted under subsection (a), the Secretary concerned may not— 
"(A) place the person in a policy-making position; or 
"(B) except as provided in subsection (e), compensate the 
person for the provision of such services. 
"(c) AUTHORITY To RECRUIT AND TRAIN PERSONS PROVIDING 
SERVICES.—^The Secretsuy concerned may recruit and train persons 
to provide voluntary services accepted under subsection (a). 
"(d) STATUS OF PERSONS PROVIDING SERVICES.—(1) Subject to 
paragraph (3), while providing voluntary services accepted under 
subsection (a) or receiving training imder subsection (c), a person, 
other than a person referred to in paragraph (2), shall be considered 
to be an employee of the Federal Government only for purposes 
of the following provisions of law: 
"(A) Subchapter I of chapter 81 of title 5 (relating to com-
pensation for work-related injuries). 
"(B) Section 2733 of this title and chapter 171 of title 
28 (relating to claims for damages or loss), 
"(C) Section 522a of title 5 (relating to maintenance of 
records on individuals). 
"(D) Chapter 11 of title 18 (relating to conflicts of interest). 
"(2) Subject to paragraph (3), while providing a nonappropriated 
fund instrumentality of the United States with voluntary services 
accepted under subsection (a), or receiving training imder subsection 
(c) to provide such an instrumentality with services accepted under 
subsection (a), a person shall be considered an employee of that 
instrumentsdity only for the following purposes: 
"(A) Subchapter II of chapter 81 of title 5 (relating to 
compensation of nonappropriated fiind employees for work-
related injuries). 
"(B) Section 2733 of this title and chapter 171 of title 
28 (relating to claims for damages or loss). 
"(3) A person providing volimtary services accepted under sub-
section (a) shall be considered to be an employee of the Federal 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2847 
Government under paragraph (1) or (2) only with respect to services 
that are within the scope of the services so accepted. 
"(4) For purposes of determining the compensation for work-
related injuries payable under chapter 81 of title 5 (pursuEint to 
this subsection) to a person providing voliintary services accepted 
under subsection (a), the monthly pay of the person for such services 
shall be deemed to be the amount determined by multiplying— 
"(A) the average monthly number of hours that the person 
provided the services, by 
"(B) the minimum wage determined in accordance with 
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(a)(1)). 
"(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary 
concerned may provide for reimbursement of a person for incidental 
expenses incurred by the person in providing voluntary services 
accepted under subsection (a). The Secretary shall determine which 
expenses are eligible for reimbursement under this subsection. Any 
such 
reimbursement 
may be made 
from 
appropriated 
or 
nonappropriated funds.". 
(b) PILOT PROGRAM.—(1) The Secretary of Defense shall conduct 
lo use 1588 
a pilot program, for not less than six months, to accept voluntary 
"°**-
services \inder the authority provided in section 1588 of title 10, 
United States Code, as amended by subsection (a). The purpose 
of the pilot program shall be to evaluate the policies and procedures 
of the Department of Defense for the acceptance of volunteiry serv-
ices under such section. The pilot program shall involve a variety 
of services, programs, and locations. 
(2) The Secretary may not accept voluntary services under 
section 1588 of title 10, United States Code (other than services 
that may have been accepted imder such section before the date 
of the enactment of this Act), and may not issue regulations to 
implement the amendment to such section made by subsection 
(a), until £ifter the termination of the pilot program. 
(3) Not later than 60 days after the termination of the pilot Reports, 
program, the Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on 
the results of the pilot program. 
(c) CONFORMING AMENDMENT.—Section 8171(a) of title 5, 
United States Code, is amended by inserting ", or to a volunteer 
providing such an instrumentality with services accepted under 
section 1588 of title 10," after "described by section 2105(c) of 
this title". 
SEC. 1062. CIVIL Am PATROL. 
(a) PROVISION OF FUNDS.—Subsection (b) of section 9441 of 
title 10, United States Code, is amended— 
(1) by redesignating paragraphs (8), (9), (10), and (11) 
as paragraphs (9), (10), (11), and (12), respectively; and 
(2) by inserting after paragraph (7) the following new para-
graph (8): 
"(8) provide funds for the national headquarters of the 
Civil Air Patrol, including funds for the payment of staff com-
pensation and benefits, administrative expenses, travel, per 
diem and allowances, rent and utilities, and other operational 
expenses;". 
(b) LIAISONS.—Such section is further amended by adding at 
the end the following new subsection: 
108 STAT. 2848 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(d)(1) The Secretary of the Air Force may authorize the Civil 
Air Patrol to employ, as administrators and liaison officers, persons 
retired from service in the Air Force whose qualifications are 
approved under regulations prescribed by the Secretary £ind who 
request such employment. 
"(2) A person employed pursuant to paragraph (1) may receive 
the person's retired pay and an additional amount for such employ-
ment that is not more than the difference between the person's 
retired pay and the pay and allowances the person would be entitled 
to receive if ordered to active duty in the grade in which the 
person retired from service in the Air Force. The additional amount 
shall be paid to the Civil Air Patrol by the Secretary from funds 
appropriated for that purpose. 
"(3) A person employed pursuant to paragraph (1) may not, 
while so employed, be considered to be on active duty or inactive-
duty training for any purpose.". 
SEC. 
1
0
6
3
. 
PROHIBITION 
ON 
THE 
PURCHASE 
OF 
SURETY 
BONDS 
AND 
OTHER GUARANTEES FOR THE DEPARTMENT OF 
DEFENSE. 
(a) PROHIBITION.—Subchapter I of chapter 134 of title 10, 
United States Code, as amended by section 372, is further amended 
by adding at the end the following new section: 
^§ 2248. Purchase of surety bonds: prohibition 
"Funds appropriated or otherwise made available to the Depart-
ment of Defense for fiscal years 1995 through 1999 may not be 
obligated or expended for the purchase of surety bonds or other 
guarantees of financial responsibility in order to guarantee the 
performance of any direct function of the Department of Defense.". 
(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: 
"2248. Purchase of surety bonds: prohibition.". 
SEC. 1064. REVISION OF AUTHORITY FOR USE OF NAVY INSTALLATIONS 
TO PROVIDE PRERELEASE EMPLOYMENT TRAINING TO 
NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS. 
(a) SOURCES OF TRAINING.—Subsection (b) of section 1374 of 
the National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1821; 10 U.S.C. 5013 note) is amended— 
(1) by striking out the subsection caption and inserting 
in lieu thereof "SOURCES OF TRAINING.—"; and 
(2) by inserting before the period at the end the following: 
"or may provide such training directly at such installations 
by agreement with the State concerned". 
(b) LIABILITY AND INDEMNIFICATION.—Subsection (e) of such 
section is amended to read as follows: 
"(e) LL\BILITY AND INDEMNIFICATION.—(1) The Secretary may 
not enter into a cooperative agreement under subsection (b) with 
a nonprofit organization for the participation of that organization 
in the demonstration project unless the agreement includes provi-
sions that the nonprofit organization shall— 
"(A) be liable for any loss or damage to Federal Government 
property that may result from, or in connection with, the provi-
sion of prerelease employment training by the organization 
under the demonstration project; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2849 
"(B) hold harmless and indemnify the United States from 
and against any suit, claim, demand, action, or liability arising 
out of any claim for personal injury or property damage that 
may result from or in connection with the demonstration 
project. 
"(2) The Secretary may not enter into an agreement under 
subsection (b) with the State concerned for the provision of 
prerelease employment training directly by the Secretary luiless 
the agreement with the State concerned includes provisions that 
the State shsdl— 
"(A) be liable for any loss or damage to Federsd Government 
property that may result from, or in connection with, the provi-
sion of the training except to the extent that the loss or damage 
results from a wrongful act or omission of Federal Government 
personnel; and 
"(B) hold harmless and indemnify the United States from 
and against any suit, claim, demand, action, or liability arising 
out of any claim for personal injury or property damage that 
may result from, or in connection with, the provision of the 
training except to the extent that the personal injury or prop-
erty damage results from a wrongful act or omission of Federal 
Government personnel.". 
SEC. 1065. DEMONSTRATION PROJECT FOR USE OF ARMY INSTALLA- 10 USC 3013 
TIONS TO PROVTOE PRERELEASE EMPLOYMENT TRAIN- note. 
ING TO NONVIOLElVr OFFENDERS IN STATE PENAL SYS-
TEMS. 
(a) DEMONSTRATION PROJECT AUTHORIZED.—The Secretary of 
the Army may conduct a demonstration project to test the feasibility 
of using Army facilities to provide emplo3mient training to non-
violent offenders in a State penal system before their release from 
incarceration. The demonstration project shall be limited to not 
more than three military installations luider the jurisdiction of 
the Secretary. 
(b) SOURCES OF TRAINING.—The Secretary may enter into a 
cooperative agreement with one or more private, nonprofit organiza-
tions for purposes of providing at the military installations included 
in the demonstration project the prerelease emplo3maent training 
authorized under subsection (a) or may provide such training 
directly at such installations lay agreement with the State con-
cerned. 
(c) USE OF FACILITIES.—Under a cooperative agreement entered 
into xuider 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 emplojrment training authorized under subsection 
(a). Notwithstanding section 2667(b)(4) 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.--(1) The Secretary may 
not enter into a cooperative agreement tinder subsection (b) with 
108 STAT. 2850 
PUBLIC LAW 103-337—OCT. 5, 1994 
a nonprofit organization for the participation of that organization 
in the demonstration project unless the agreement includes provi-
sions that the nonprofit organization shall— 
(A) be liable for any loss or damage to Federal Government 
property that may result fi*om, or in connection with, the provi-
sion of prerelease emplojonent training by the organization 
under the demonstration project; and 
(B) hold harmless and indemnify the United States fi-om 
and agEiinst any suit, claim, demsind, action, or liability arising 
out of any claim for personal injury or property damage that 
may result from or in connection with the demonstration 
project. 
(2) The Secret£iry may not enter into an agreement under 
subsection (b) with the State concerned for the provision of 
prerelease employment training directly by the Secretary imless 
the agreement with the State concerned includes provisions that 
the State shall— 
(A) be liable for any loss or damage to Federal Government 
property that may result fi*om, or in connection with, the provi-
sion of the training except to the extent that the loss or damage 
results fi*om a wrongful act or omission of Federal Government 
personnel; and 
(B) hold harmless and indemnify the United States from 
and against any suit, claim, demand, action, or liability arising 
out of any claim for personal injury or property damage that 
may result from, or in connection with, the provision of the 
training except to the extent that the personal injury or prop-
erty damage results from a wrongful act or omission of Federal 
Government personnel. 
(f) 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 appropriate. 
5 use 3502 note. 
SEC. 1066. INTERAGENCY PLACEMENT PROGRAM FOR FEDERAL 
EMPLOYEES AFFECTED BY REDUCTIONS IN FORCE. 
(a) STUDY AND REPORT.—(1) The Director of the Office of 
Personnel Management shall conduct a study on the feasibility 
of establishing a mandatory interagency placement program for 
Federal employees Eiffected by reductions in force. 
(2) For purposes of paragraph (1), an interagency placement 
program is a program that provides a system to require the offering 
of a position in an agency to an employee of another agency affected 
by a reduction in force if— 
(A) the position cannot be filled through a placement pro-
gram of the agency in which the position is located; 
(B) the employee to whom the offer is made is qualified 
for the offered position; and 
(C) the geographic location of the offered position is within 
the commuting area of— 
(i) the residence of the employee; or 
(ii) the employee's present or last-held position. 
(3) The Director shall carry out this subsection in consultation 
with the Secretary of Defense. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2851 
(4) The Director shall seek comments from the heads of all 
appropriate Federal agencies in conducting the study required by 
paragraph (1). 
(5) Not later than six months after the date of the enactment Reports, 
of this Act, the Director shall submit to Congress a report on 
the results of the study required by psiragraph (1) and on any 
action taken by the Director under subsection (b). 
(b) AGREEMENTS TO ESTABLISH INTERAGENCY PLACEMENT PRO-
GRAM.—(1) The Director may establish a Government-wide inter-
agency placement program for Federal employees affected by reduc-
tions in force if, during the 6-month period beginning on the date 
of the enactment of this Act, the Director, in consultation with 
the Secretary of Defense, determines that such a program is fea-
sible. To carry out the program, the Director may enter into an 
agreement with the head of each agency that agrees to participate 
in the program. If the Director establishes a program under this 
subsection, it is not necessary that the program be an interagency 
placement program within the meaning of subsection (a)(2). 
(2) If the Director establishes a program pursuant to paragraph 
(1), the report required by subsection (a)(5) shall identify each 
agency that does not agree to participate in the program and 
the reasons of the head of that agency for not agreeing to partici-
pate. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "agency^' means an Executive agency as 
defined in section 105 of title 5, United States Code, except 
that such term does not include the General Accounting Office. 
(2) The term "Federal employees affected by reductions 
in force" means Federal employees who are separated, or are 
scheduled to be separated, fi*om service under a reduction in 
force pursuant to— 
(A) regulations prescribed under section 3502 of title 
5, United States Code; or 
(B) procedures established under section 3595 of such 
title. 
SEC. 1067. NATIONAL MUSEUM OF HEALTH AND MEDICINE. 
10 USC 176 note. 
(a) PURPOSE,—It is the purpose of this section— 
(1) to display and interpret the collections of the Armed 
Forces Institute of Pathology currently located at Walter Reed 
Medical Center; 
(2) to designate the public facility of the Armed Forces 
Institute of Pathology as the National Museum of Health and 
Medicine; and 
(3) to designate a site for the relocation of the public 
facility of the National Museum of Health and Medicine so 
that it may serve as a central resource of instruction about, 
and be involved in, the critical health issues which confront 
all American citizens. 
(b) DESIGNATION AND SITE OF FACILITY.—The pubUc facility 
of the Armed Forces Institute of Pathology— 
(1) shall also be known as the National Museum of Health 
' 
and Medicine; and 
(2) shall be located on or near the Mall on land owned 
by the Federal Government or the District of Columbia (or 
both) in the District of Columbia. 
108 STAT. 2852 
PUBLIC LAW 103-337—OCT. 5, 1994 
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as limiting the authority or responsibilities of the 
National Capital Planning Commission or the Commission of Fine 
Arts. 
(d) DEFINITION.—As used in this section, the term "the Mall" 
means— 
(1) the land designated as "Union Square", United States 
Reservation 6A; and 
(2) the land designate i as the "Mall", United States Res-
ervations 3, 4, 5, and 6. 
(e) SENSE OF THE CONGRESS.— 
(1) FINDINGS.—Congress makes the following findings: 
(A) The National Museum of Health and Medicine 
Foundation, Inc. (a private, nonprofit organization having 
for its primary purpose the relocation to the Mall and 
revitalization of the National Museum of Health and Medi-
cine), the Armed Forces Institute of Pathology, and the 
Public Health Service have jointly supported planning to 
relocate the Museum to a site on land that is located 
east of and adjacent to the Hubert H. Humphrey Building 
(100 Independence Avenue, Southwest, in the District of 
Columbia). 
(B) The National Museum of Health and Medicine 
Foundation, Inc., is deserving of the encouragement and 
support of the American people in its effort to relocate 
the National Museum of Health and Medicine to a site 
on land that is located east of and adjacent to the Hubert 
H. Humphrey Building, and in its effort to raise funds 
for a revitalized Museum to inspire increasing numbers 
of Americans to lead healthy lives through improved public 
understanding of health and the medical sciences. 
(2) LOCATION.—It is the sense of Congress that, subject 
to appropriate approvals by the National Capital Planning 
Commission and the Commission of Fine Arts, the Nation^ 
Museum of Health and Medicine should be relocated to a site 
on l£ind that is located east of and adjacent to the Hubert 
H. Humphrey Building for the purpose of educating the Amer-
ican public concerning health and the medical sciences. 
SEC. 1068. ASSIGNMENTS OF EMPLOYEES BETWEEN FEDERAL AGEN-
CIES AND FEDERALLY FUNDED RESEARCH AND DEVEL-
OPMENT CENTERS. 
(a) AUTHORITY.—Section 3371(4) of title 5, United States Code, 
is amended— 
(1) by striking out "or" at the end of subparagraph (B); 
(2) by striking out the period at the end of subparagraph 
(C) and inserting in lieu thereof"; or"; and 
(3) by adding at the end the following new subparagraph: 
"(D) a feder£illy funded research and development cen-
ter.". 
(b) PROVISIONS GOVERNING ASSIGNMENTS.—Section 3372 of title 
5, United States Code, is amended by adding at the end the follow-
ing new subsection: 
Regulations. 
"(e) Under regulations prescribed pursuant to section 3376 of 
this title— 
"(1) an assignment of an employee of a Federal agency 
to an other organization or an institution of higher education. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2853 
and an employee so assigned, shall be treated in the same 
way as an assignment of an employee of a Federal agency 
to a State or local government, and an employee so assigned, 
is treated under the provisions of this subchapter governing 
an assignment of an employee of a Federal agency to a State 
or local government, except that the rate of pay of an employee 
assigned to a federally funded research and development center 
may not exceed the rate of pay that such employee would 
be paid for continued service in the position in the Federal 
agency from which assigned; and 
"(2) an assignment of an employee of an other organization 
or an institution of higher education to a Federal agency, and 
an employee so assigned, shall be treated in the same way 
as £in assignment of an employee of a State or local government 
to a Federal agency, and an employee so assigned, is treated 
under the provisions of this subchapter governing an assign-
ment of an employee of a State or local government to a 
Federal agency.". 
SEC. 1069. REVIEW OF THE BOTTOM UP REVIEW AND THE FUTURE 
YEAR DEFENSE PROGRAM AND ESTABLISHMENT OF NEW 
FUNDING REQUIREMENTS AND PRIORITIES. 
(a) FINDINGS.—Congress finds as follows: 
(1) United States defense policy is to maintain the capabil-
ity to fight and win two major regional contingencies nearly 
simultaneously. 
(2) The Secretary of Defense conducted the Bottom Up 
Review during 1993 to structure the Armed Forces for the 
Post-Cold War period. 
(3) The United States military force structure has shrunk 
dramatically since the 1991 Persian Gulf War and some critical 
force enhancements will not be deployed for several years. 
(4) The Secretary of Defense (in testimony before the 
Committee on Armed Services of the Senate on February 2, 
1994) stated that under current inflation assumptions the 
Department of Defense's Future Years Defense 
Program 
includes approximately $20,000,000,000 more in program mnd-
ing requests for fiscal years 1996 through 1999 than the defense 
funding levels projected for the President's budget for those 
years. 
(5) The Secretary of the Navy (in testimony before the 
Committee on Armed Services of the Senate on March 8, 1994) 
stated that by 1999 the Department of the Navy will operate 
only 330 ships, rather than the 346 ships projected in the 
report on the Bottom Up Review. 
(6) The Secretary of Defense, in his January 1994 Annual 
Report to the President and Congress, reported that the Air 
Force will field approximately 100 heavy bombers, rather than 
the "up to 184" assumed in the report on the Bottom Up 
Review. 
(7) The plans of the Department of Defense for a major 
regional contingency in the Far East call for up to 5 Army 
divisions and the plans for a major regional contingency in 
Southwest Asia call for up to 7 Army divisions, while the 
report on the Bottom Up Review plans for an Army of 10 
active divisions and at least 15 enhanced-readiness Army 
National Guard brigades. 
108 STAT. 2854 
PUBLIC LAW 103-337—OCT. 5, 1994 
(8) The President's budget for fiscal year 1995 assumes 
the Department of Defense will save at least $6,000,000,000 
from procurement reform. 
(9) The first and second roimds of the Base Realignment 
£ind Closure Commission have not yet achieved the level of 
savings initially estimated, and the 1995 base closure roimd 
may cost significantly more thein is assumed in the President's 
budget. 
(10) United States forces are presently involved in humani-
tarian relief efforts in or around Rwanda, in a number of 
air and maritime operations relating to the United Nations 
operations in Bosnia, and in a variety of operations relating 
to Iraq, Haiti, Somalia, and Macedonia. 
(11) United States forces may be called upon in the future 
to conduct additional humanitarian and relief missions. 
(12) United States forces may be called upon to conduct 
even more significant operations to enforce a peace agreement 
in Bosnia and to facilitate the departure from Haiti of the 
militeiry leadership. 
(13) Many of the forces that are psirticipating in these 
other-than-war or nontraditional operations would be required 
early on in the event of one or more major regional contin-
gencies. 
(14) There are inevitable tradeoffs among spending on force 
structure, readiness, modernization, personnel, pay, and quality 
ofUfe. 
(b) SENSE OF CONGRESS.—In light of the findings in subsection 
(a), it is the sense of Congress that— 
(1) within 30 days after enactment of this Act, the Secretary 
of Defense should initiate a review of the assumptions and 
conclusions of the President's budget, the report on the Bottom 
Up Review, and the Future Years Defense Program, such 
review to include consideration of the veirious other-than-war 
or nontraditional operations in which the United States forces 
are or may be participating; 
(2) not more than 180 days after the review is initiated, 
the Secretary should submit to the President and Congress 
a report which— 
(A) describes in detail the force structure required to 
fight and win two major regional contingencies nearly 
simultaneously in light of other ongoing or potential oper-
ations; 
(B) may also address possible changes in national secu-
rity planning or programs, including revised alliance 
arrangements, increased reliance on reserve component 
forces, or adjustments to the national military strategy; 
and 
(C) includes an evaluation of an Army configured as 
12 active duty divisions, a number of which would be 
rounded out with National Guard combat imits; 
(3) not more than 60 days after receipt of the report from 
the Secretary of Defense, the President should submit to Con-
gress a report detailing the steps the President intends to 
take to meet the force structure described in the Secretar^s 
report; 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 285^ 
(4) future-years defense budgets submitted to Congress 
by the President should reflect the funding level necessary 
to support the force structure described in the report; 
(5) funding for national defense for fiscal years 1995 
through 1997 should be established at a level sufficient to 
support a force structure adequate to meet a two-war strategy 
and to ensure that the United States does not have a hollow 
force; 
(6) the force structure to meet the requirements of a two-
war strategy represents the minimum level which should be 
maintained unless the strategy is modified; 
(7) whenever possible and consistent with the safety of 
United States personnel, in deplojdng military forces in support 
of operations other than war or other nontraditional operations, 
the President should seek to use forces other than those identi-
fied for early deplojrment in the event of one or more major 
regiongJ contingencies; and 
(8) the President should be willing to increase defense 
spending if required to meet new or existing threats. 
SEC. 1070. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is Eunended as follows: 
(1) Section 113(eX2) is amended by striking out "section 10USCI13. 
104" and inserting in lieu thereof "section 108". 
(2) Section 133a(b) is amended by inserting "and Tech- 10USC133. 
nology" before "in the performance of. 
(3) Section 580a(a) is amended by striking out "the date l0USC580a. 
of the enactment of this section" and inserting in lieu thereof 
"November 30,1993,". 
(4) The section 1058 added by section 551(a) of Public 
Law 103-160 (107 Stat. 1661) is amended in subsection (d) 
by striking out "subject to this chapter" and inserting in lieu 
thereof "subject to the Uniform Code of Military Justice (chapter 
47 of this title)". 
(5)(A) The section 1058 added by section 554(a) of Public 
Law 103-160 (107 Stat. 1663) is redesignated as section 1059. 
(B) The item relating to that section in the table of sections 
at the beginning of chapter 53 is revised to conform to the 
redesignation made by subparagraph (A). 
(6)(A) The section 1058 added by section 1433(b) of Public 
Law 103-160 (107 Stat. 1834) is redesignated as section 1060. 
(B) The item relating to that section in the table of sections 
at the beginning of chapter 53 is revised to conform to the 
redesignation made by subparagraph (A). 
(7) Section 1151(h)(3)(B)(v) is amended by inserting "school" lO USC 1151. 
after "For the fifth". 
(8)(A) The heading of section 1482a is amended so that 
the first letter of the fifth word is lower case. 
(B) The item relating to that section in the table of sections 
at the beginning of chapter 75 is revised to conform to the 
amendment made by subparagraph (A). 
(9) Section 2172(a)(3) is amended— 
lO USC 2172. 
(A) by striking out "health education assistance loan" 
and inserting in lieu thereof "health professions education 
loan"; 
108 STAT. 2856 
PUBLIC LAW 103-337—OCT. 5, 1994 
(B) by striking out "part C" and inserting in lieu thereof 
"part A"; and 
(C) by striking out "42 U.S.C. 294" and inserting in 
lieu thereof "42 U.S.C. 292". 
10USC2350J. 
(10) Section 2350J is amended— 
/ 
(A) in subsection (a), by inserting a comma after "Sec-
retary of State" the second place it appears; and 
(B) in subsection (f), by striking out "the" after "shall 
submit to". 
10 use 2399. 
(11) Section 2399 is amended— 
(A) in subsection (b)(5) and (c)(1), by striking out "sec-
tion 138(a)(2)(B)" and inserting in lieu thereof "section 
139(a)(2)(B)"; 
(B) in subsection (g), by striking out "section 138" 
and inserting in lieu thereof "section 139"; and 
(C) in subsection (h)(1), by striking out "section 
138(a)(2)(A)" and 
inserting 
in 
lieu 
thereof 
"section 
139(a)(2)(A)". 
10 use 2502. 
(12) Section 2502(d) is amended by striking out "Executive" 
and inserting in lieu thereof "executive". 
(13)(A) Section 2540, as added by subsection (a) of section 
822 of Public Law 103-160 (107 Stat. 1705), and section 2541, 
as added by subsection (b) of that section, are redesignated 
as sections 2539a and 2539b, respectively. 
(B) The items relating to those sections in the table of 
sections at the beginning of subchapter V of chapter 148 are 
revised to conform to the redesignations made by subparagraph 
(A). 
10 use 2865. 
(14) Section 2865(a)(4) is amended by adding a period 
at the end. 
10 use 3022. 
(15) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1) are 
amended by striking out "section 137(c)" and inserting in lieu 
thereof "section 135(c)". 
(16) The item relating to section 3082 in the table of 
sections at the beginning of chapter 307 (as added by section 
521(b) of Public Law 103-160 (107 Stat. 1655)) is amended 
by striking out "3082." the second place it appears. 
10 use 9021. 
(17) Section 9021(c)(1) is amended by striking out "after 
the end of the 90-day period beginning on the date of the 
enactment of this section" and inserting in lieu thereof "after 
February 27,1990". 
10 use 619 note. 
(b) PUBLIC LAW 103-160.—Effective as of November 30, 1993, 
and as if included therein as enacted, the National Defense 
Authorization Act for Fiscal Year 1994 (PubUc Law 103-160) is 
amended as follows: 
10 use 1174a 
(1) Section 507(d)(3) (107 Stat. 1647) is amended by insert-
"ote. 
ing "note" after "10 U.S.C. 1293". 
32 use 709. 
(2) Section 524(c) (107 Stat. 1657) is amended by inserting 
"his" in the first quoted matter therein after "termination of. 
10 use 1058. 
(3) Section 551(a)(1) (107 Stat. 1661) is amended by striking 
out "Section" and inserting in lieu thereof "Chapter". 
(4) Section 554(a)(2) (107 Stat. 1666) is amended by striking 
out "inserting after the item relating to section 1056" and 
inserting in lieu thereof "adding at the end". 
10 use 1059 
(5) Section 554(b) (107 Stat. 1666) is amended— 
"°^ 
(A) in paragraph (1), by striking out "Section 1058 
of title 10, United States Code, as added by subsection 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2857 
(a)," and inserting in lieu thereof "The section of title 
10, United States Code, added by subsection (a)(1)"; and 
(B) in paragraph (2), by striking out "1058". 
(6) Section 713(a)(1) (107 Stat. 1689) is amended by striking 
out "third party" in the first quoted matter therein and insert-
ing in lieu thereof "third-party". 
(7) Section 931(c)(1) (107 Stat. 1734) is amended by insert-
ing close quotation marks before the period at the end. 
(8) Section 931(f) (107 Stat. 1734) is amended— 
(A) by striking out "Public Law 101-180" in paragraphs 
(1) and (2) and inserting in lieu thereof "Public Law 100-
180"; and 
(B) by inserting "1305(b)" in paragraph (3) after "Such 
section". 
(9) Section 1001(a) (107 Stat. 1742) is amended by adding 
close quotation marks and a period at the end. 
(10) Section 1314(3) (107 Stat. 1786) is amended by striking 
out "adding at the end" and inserting in lieu thereof "inserting 
Qflhgi* subsGction ff)" 
(11) Section 1333(e)(4)(B)(i) (107 Stat. 1799) is amended 
by inserting a close parenthesis before the semicolon. 
(12) Section 2854(1) (107 Stat. 1908) is amended by striking 
out "the" in the second quoted matter therein. 
(13) Section 2902(a)(2) (107 Stat. 1911) is amended by 
striking out "Section 204(b)(7)(A)(ii)" and inserting in lieu 
thereof "Subparagraph (A)(i) of section 204(b)(7)". 
(14) Section 2912(b)(2) (107 Stat. 1925) is amended by 
striking out "section 637(d)(1)" and inserting in lieu thereof 
"section 8(d)(1)". 
(15) Section 2926(d) (107 Stat. 1932) is amended by striking 
out "Subsection (d)(l)(2)(C)(iii)" and inserting in lieu thereof 
"Subsection (d)(2)(C)(iii)". 
(16) Section 3159(a) (107 Stat. 1956) is amended— 
(A) in paragraph (1), by inserting a close parenthesis 
after "(15 U.S.C. 637(d)"; and 
(B) in paragraph (3)— 
(i) by inserting a close parenthesis after "(20 U.S.C. 
1135d-5(3))"; and 
(ii) by inserting a close parenthesis after "(20 
U.S.C. 1059c(b)(l))". 
(c) PUBLIC LAW 102-484.—Effective as of October 23, 1992, 
and as if included therein as enacted, the National Defense 
Authorization Act for Fiscal Year 1993 (Pubhc Law 102-484) is 
amended as follows: 
(1) Section 1505(e)(2) (22 U.S.C. 5859a(e)(2) is amended 
by striking out "and under subsection (d)(4)". 
(2) Section 3161 (42 U.S.C. 7274h; 106 Stat. 2644) is 
amended— 
(A) by striking out "work force" each place it appears 
in subsections (a), (c), and (d) and inserting in lieu thereof 
"workforce"; 
(B) by striking out "WORK FORCE" in the heading and 
inserting in lieu thereof "WORKFORCE"; and 
(C) by striking out "Part D" in subsection (c)(6)(B) 
and inserting in lieu thereof "division D". 
10 u s e 1095. 
10 use 619. 
10 use 619a 
notes. 
10 use 2706. 
10 use 2524. 
10 use 2701 
note. 
10 u s e 1770. 
10 use 2687 
note. 
10 use 2687 
note. 
10 u s e 2687 
note. 
42 use 7256 
note. 
Effective 
date. 
22 use 5859a 
note. 
108 STAT. 2858 
PUBLIC LAW 103-337—OCT. 5, 1994 
50 u s e 98d note. 
50 u s e 98c note. 
10 u s e 1060 
note. 
5 use 8171. 
(3) Section 3302 (106 Stat. 2649) is amended by striking 
out "Baiixite, Refactory" in the table in subsection (a) and 
inserting in lieu thereof "Bauxite, Refractory", 
(4) Section 3315 (106 Stat. 2654) is amended by inserting 
"of 1950" after "Defense Production Act" the first place it 
appears. 
(d) OTHER LAWS.— 
(1) Section 921 of Public Law 102-190 (10 U.S.C. 201 
note; 105 Stat. 1452) is amended by striking out "section 
136(b)(3)" in subsection (a) and inserting in lieu thereof "section 
138(b)(3)". 
(2) Section 2903(c)(6) of Public Law 101-510 (10 U.S.C. 
2687 note) is amended by striking out "House or Representa-
tives" and inserting in lieu thereof "House of Representatives". 
(3) Section 653(b)(2) of Pubhc Law 100-456 (10 U.S.C. 
1448 note) is amended by striking out "section 411(a)" and 
inserting in lieu thereof "section 1311(a)". 
(4) Section 4(c) of Public Law 92-425 (10 U.S.C. 1448 
note) is amended by striking out "section 3112" and "section 
541(b)" and inserting in lieu thereof "section 5312" and "section 
1541(b)", respectively. 
(5) Section 709 of title 32, United States Code, is 
amended— 
(A) in subsection (e)(6), by striking out "thirty days 
prior to" and inserting in lieu thereof "30 days before"; 
and 
(B) in subsection (g)(2), by striking out "clause (1) 
of this subsection" and inserting in lieu thereof "paragraph 
(1)". 
(6) Section 908(c) of title 37, United States Code, is amend-
ed by striking out "section 1058" and inserting in lieu thereof 
"section 1060". 
(7) Section 182(a) of Public Law 103-236 (108 Stat. 418) 
is amended by striking out "section 1058, title 10, United 
States Code, before the date of enactment of this Act," and 
inserting in lieu thereof "section 1060 of title 10, United States 
Code, before April 30, 1994,". 
(8) Subchapter II of chapter 81 of title 5, United States 
Code, is amended as follows: 
(A) Section 8171 is amended— 
(i) in subsection (a)— 
(I) by striking out "Chapter 18 of title 33" 
in the first sentence and inserting in lieu thereof 
"The Longshore and Harbor Workers' Compensa-
tion Act (33 U.S.C. 901 et seq.)"; 
(II) by striking out "section 902(2) of title 33" 
in the first sentence and inserting in lieu thereof 
"section 2(2) of such Act (33 U.S.C. 902(2))"; and 
(III) by striking out "section 903(a) of title 
33 which follows the first comma" in the second 
sentence and inserting in lieu thereof "section 3(a) 
of such Act (33 U.S.C. 903(3)) which follows the 
second comma"; 
(ii) in subsection (b), by striking out "section 902(4) 
of title 33" and inserting in lieu thereof "section 2(4) 
of the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 902(4))"; 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2859 
(iii) in subsection (c)(1), by striking out "section 
939(b) of title 33" and inserting in lieu thereof "39(b) 
of the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 939(b))"; and 
(iv) in subsection (d), by striking out "sections 918 
and 921 of title 33" and inserting in lieu thereof "sec-
tions 18 and 21 of the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 18 and 21, respectively)". 
(B) Sections 8172 and 8173 are amended by striking 
out "section 902(2) of title 33" and inserting in lieu thereof 
"section 2(2) of the Longshore and Harbor Workers' Com-
pensation Act (33 U.S.C. 2(2))". 
(e) REFERENCES IN TITLE 10 TO SECTIONS OF TITLE 38.—Title 
10, United States Code, is amended as follows: 
(1) Section 706(c) is amended by striking out "section 4321" 
and inserting in lieu thereof "section 4301". 
(2) Section 708(c)(2) is amended by striking out "section 
1421" and inserting in lieu thereof "section 3021". 
(3) Section 1450 is amended by striking out "section 411(a)" 
in subsections (c) and (k)(l) and inserting in lieu thereof "sec-
tion 1311(a)". 
(4) Section 1451(c)(2) is amended by striking out "section 
411(a)" and inserting in lieu thereof "section 1311(a)". 
(5) Section 1457(c)(3) is amended by striking out "section 
411" and inserting in lieu thereof "section 1311". 
(6) Section 2006(b)(2) is amended by striking out "section 
1415(c)", "section 1411", and "section 1421(b)" and inserting 
in lieu thereof "section 3015(d)", "section 3011", and "section 
3021(b)", respectively. 
(7) Section 2184(1) is amended by striking out "section 
1724" and inserting in lieu thereof "section 3524". 
(8) Section 2641(c) is amended by striking out "section 
5011(g)(5)" and inserting in lieu thereof "section 8111(g)(5)". 
(9) Section 2679(a) is amended by striking out "section 
3402" and inserting in lieu thereof "section 5902". 
(f) CLARIFICATION OF APPLICABILITY OF LIMITATION RELATING 
TO 
CONTRACTED ADVISORY AND ASSISTANCE SERVICES.—Section 
2399 of title 10, United States Code, is amended in subsection 
(e)(3)(B) by striking out "solely as a representative of and inserting 
in lieu thereof "solely in testing for". 
(g) PROCUREMENT OF AERONAUTICAL SUPPLIES FOR EXPERI-
MENTAL PURPOSES.—Section 2373(a) of title 10, United States Code, 
is amended by striking out "and chemical activity supplies," and 
inserting in lieu thereof "chemical activity, and aeronautical sup-
plies,". 
(h) COORDINATION WITH OTHER PROVISIONS OF THIS ACT.— lo use loi note. 
For purposes of applying 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. 
SEC. 1071. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR 
TRANSPORTATION SERVICES. 
Paragraph (1) of section 2572(b) of title 10, United States 
Code, is gimended by inserting "transportation," after "salvage,". 
SEC 1072. AIR NATIONAL GUARD FIGHTER AIRCRAFT FORCE STRUC-
TURE. 
(a) FINDINGS.—Congress makes the following findings: 
79-194 O—95—8 : QL 3 Part 4 
108 STAT. 2860 
PUBLIC LAW 103-337—OCT. 5, 1994 
(1) The reduction in the total number of Air Force general 
purpose fighter wings being implemented as part of the changes 
in the force structure of the Air Force pursuant to the proposals 
in the report on the Bottom Up Review conducted by the 
Secretary of Defense during 1993 includes reduction in the 
number of Air National Guard and Air Force Reserve fighter 
wings fi'om 10 to 7, 
(2) The plan (as of the date of the enactment of this 
Act) for implementing that reduction in the number of Air 
National Guard and Air Force Reserve fighter wings is to 
reduce the number of fighter aircraft designated as being in 
the Primary Aircraft Inventory category that are authorized 
for each Air National Guard fighter unit fi*om 24 or 18 aircraft 
to 15 aircraft and to convert some Air National Guard fighter 
units to other purposes. 
(3) The Commission on Roles £ind Missions of the Armed 
Forces (established by section 952 of the National Defense 
Authorization Act for Fiscal Year 1994 (PubUc Law 103-160; 
10 U.S.C. I l l note; 107 Stat. 1738)) is required under section 
954(b) of that Act to submit to Congress a report on possible 
changes to existing allocations among the Armed Forces of 
military roles, missions, and functions. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the number of Air National Guard Combat Readiness 
Training Centers in operation during fiscal year 1995 should 
not be less than the number of such centers in operation at 
the end of fiscal year 1994; and 
(2) the report referred to in subsection (a)(3) should contain 
a review of, and recommendations on, the assignment of roles 
and missions to units of the Air National Guard and the Air 
Force Reserve in relation to active component units that are 
the counterparts to those units and on requirements for 
resources for training of those units. 
(c) REQUIREMENT.—(1) After receiving the report referred to 
in subsection (a)(3), the Secretary of Defense shall review the find-
ings of the Commission set forth in that report on the role and 
requirements for general purpose fighter units of the Air National 
Guard. 
Reports. 
(2) Not later than 30 days after receiving the report, the Sec-
retary shall submit to Congress a report on the appropriate level 
of aircraft authorized in the Primary Aircraft Inventory of the 
Air Force for general purpose fighter units of the Air National 
Guard. The report shall include the plans of the Secretary for 
providing in a timely manner the fiinding levels necessary to sup-
port the level of such aircraft determined appropriate by the Sec-
retary, if additional funding would be required to achieve and 
maintain that level of such aircraft. 
SEC. 1073. SENSE OF CONGRESS CONCEKNING VISAS FOR HIGH-LEVEL 
OFFICIALS OF TAIWAN. 
It is the sense of Congress that no visa should be denied 
for a high-level official of Taiwan to enter the United States unless 
the official is otherwise excludable under the immigration laws 
of the United States. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2861 
SEC. 1074. DEFENSE MAPPING AGENCY. 
(a) UNAUTHORIZED USE OF NAME.—Chapter 167 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 2797. Unauthorized use of Defense Mapping Agency name, 
initials, or seal 
"(a) No person may, except with the written permission of 
the Secretary of Defense, knowingly use the words 'Defense Map-
ping Agency*, the initials 'DMA', the seal of the Defense Mapping 
Agency, or any colorable imitation of such words, initials, or se^ 
in connection with any merchandise, retail product, impersonation, 
solicitation, or commercial activity in a manner reasonably cal-
culated to convey the impression that such use is approved, 
endorsed, or authorized by the Secretary of Defense. 
"(b) Whenever it appears to the Attorney General that any 
person is engaged or about to engage in £in act or practice which 
constitutes or will constitute conduct prohibited by subsection (a), 
the Attorney General may initiate a civil proceeding in a district 
court of the United States to enjoin such act or practice. Such 
court shall proceed as soon as practicable to hearing and determina-
tion of such action and may, at any time before such final deter-
mination, enter such restraining orders or prohibitions, or take 
such other action as is warranted, to prevent injury to the United 
States or to any person or class of persons for whose protection 
the action is brought.". 
(b) 
LIMITATION ON LIABILITY RELATING TO NAVIGATIONAL 
AIDS.—Chapter 167 of such title, as amended by subsection (a), 
is further amended by adding at the end the following new section: 
"§2798. Civil actions barred 
"(a) CLAIMS BARRED.—No civil action may be brought against 
the United States on the basis of the content of a navigational 
£dd prepared or disseminated by the Defense Mapping Agency. 
"(b) NAVIGATIONAL, AIDS COVERED.—Subsection (a) applies with 
respect to a navigational aid in the form of a map, a chart, or 
a publication and any other form or medium of product or informa-
tion in which the Defense Mapping Agency prepares or disseminates 
navigational aids.". 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2797. Unauthorized use of Defense Mapping Agency name, initials, or seal. 
"2798. Civil actions barred.". 
(d) EFFECTIVE DATE.—Section 2798 of title 10, United States 
lo use 2798 
Code, as added by subsection (b), shall take effect on the date "°*®-
of the enactment of this Act and shall apply with respect to (1) 
civil actions brought before such date that are pending adjudication 
on such date, and (2) civil actions brought on or after such date. 
SEC. 1075. LIMITATION REGARDING TELECOMMUNICATIONS REQUIRE- 
10 USC 2315 
MENTS 
note. 
(a) LIMITATION.—No funds available to the Department of 
Defense or any other Executive agency may be expended to provide 
for meeting Department of Defense telecommunications require-
ments through the telecommunications procurement known as 
108 STAT. 2862 
PUBLIC LAW 103-337—OCT. 5, 1994 
Reports. 
Defense 
Conversion, 
Reinvestment, 
and Transition 
Assistance 
Amendments 
of 1994. 
10 u s e 2491 
note. 
"FTS-2000" or through any other Government-wide telecommuni-
cations procurement until— 
(1) the Secretary of Defense submits to the Congress a 
report containing— 
(A) a certification by the Secretary that the FTS-2000 
procurement or the other telecommunications procurement 
will provide assured, secure telecommimications support 
(including associated telecommunications 
services) for 
department of Defense activities; and 
(B) a description of how the procurement will be imple-
mented £ind managed to meet defense information infra-
structure requirements, including requirements to support 
deployed forces and intelligence activities; and 
(2) 30 days elapse after the date on which such report 
is received by the committees. 
(b) DEFINITIONS.—In this section: 
(1) The term "defense telecommunications requirements" 
means requirements for telecommunications equipment and 
services that, if procured by the Department of Defense, would 
be exempt from the requirements of section 111 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 
759) pursuant to section 2315 of title 10, United States Code. 
(2) The term "Executive agency has the meaning given 
such term in section 105 of title 5, United States Code. 
(3) The term "procurement" has the meaning given such 
term in section 4 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403). 
(c) EFFECT ON OTHER LAW.—Nothing in this section may be 
construed as modifying or superseding, or as intended to impair 
or restrict authorities or responsibilities under— 
(1) section 111 of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759); or 
(2) section 620 of Public Law 103-123. 
TITLE XI—DEFENSE CONVERSION, RE-
INVESTMENT, AND TRANSITION AS-
SISTANCE 
SEC. 1101. SHORT TITLE. 
This title may be cited as the "Defense Conversion, Reinvest-
ment, and Transition Assistance Amendments of 1994". 
SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND 
TRANSITION ASSISTANCE PROGRAMS FOR FISCAL YEAR 
1995. 
(a) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to this Act for the Department of Defense for fiscal year 
1995, the sum of $3,090,808,000 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) shsQl be derived from the following sources in amounts as 
follows: 
(1) $7,500,000 of the amounts authorized to be appropriated 
pursuant to title I. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2863 
(2) $2,190,408,000 of the amounts authorized to be appro-
priated pursu£int to title IL 
(3) $892,900,000 of the amounts authorized to be appro-
priated pursuant to title III. 
(c) DEFINITION.—For purposes of this section, the term "defense 
conversion, reinvestment, and transition assistance programs" 
includes the following programs and activities of the Department 
of Defense: 
(1) The programs and activities authorized by the Defense 
Conversion, Reinvestment, and Transition Assistance Act of 
1992 (division D of PubUc Law 102-484; 106 Stat. 2658) and 
the amendments made by that Act. 
(2) The programs and activities authorized by the Defense 
Conversion, Reinvestment, and Transition Assistance Amend-
ments of 1993 (title XIII of PubUc Law 103-160; 107 Stat. 
1783) and the amendments made by that Act. 
(3) The programs and activities authorized by this title 
and the amendments made by this title. 
Subtitle A—^Defense Technology and Indus-
trial Base, Defense Reinvestment, and 
Defense Conversion 
SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT PRO-
GRAMS FOR FISCAL YEAR 1995. 
(a) FUNDS AVAILABLE.—Of the amount authorized to be appro-
priated under section 201 and specified in section 1102(b)(2) as 
a source of fiinds for defense conversion, reinvestment, and transi-
tion assistance programs, $751,000,000 shall be available for activi-
ties described in the defense reinvestment program elements of 
the budget of the Department of Defense for fiscal year 1995. 
(b) ALLOCATION OF FUNDS.—The funds made available under 
subsection (a) shall be allocated as follows: 
(1) $245,000,000 shall be available for defense dual-use 
critical technology partnerships imder section 2511 of title 10, 
United States Code. 
(2) $96,000,000 shall be available for commercial-military 
integration partnerships under section 2512 of such title. 
(3) $80,000,000 shall be available fot assistance of defense 
regional technology alliances under section 2513 of such title. 
(4) $30,000,000 shall be available for defense advanced 
manufacturing technology partnerships under section 2522 of 
such title. 
(5) $25,000,000 shall be available for assistance of manufac-
turing extension programs under section 2523 of such title. 
(6) $24,000,000 shall be available for defense manufactur-
ing engineering education grants under section 2196 of such 
title. 
(7) $10,000,000 shall be available for grants under section 
2198 of such title to United States institutions of higher edu-
cation and other United States not-for-profit organizations to 
support the management training program in Japanese lan-
guage and culture. 
(8) $50,000,000 shall be available for the maritime tech-
nology development program under section 1352(c)(2) of the 
108 STAT. 2864 
PUBLIC LAW 103-337—OCT. 5, 1994 
National Shipbuilding £ind Shipyard Conversion Act of 1993 
(subtitle D of title XIII of Pubhc Law 103-160; 10 U.S.C. 
2501 note). 
(9) $35,000,000 shall be available for the agile manufactur-
ing/enterprise integration program. 
(10) $30,000,000 shall be available for the advanced mate-
rials synthesis and processing partnership program. 
(11) $55,000,000 shall be available for the defense dual-
use extension program under section 2524 of title 10, United 
States Code, of which— 
(A) $5,000,000 shall be used for provision of assistance 
pursuant to subsection (c)(3) of such section; and 
(B) $50,000,000 shall be available to cover the costs 
(as defined in section 502(5) of the Federal Credit Reform 
Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued 
pursuant to subsection (b)(3) of such section. 
(12) $10,000,000 shall be available for the Federal Defense 
Laboratory Diversification Program under section 2519 of title 
10, United States Code, as added by section 1113(a). 
(13) $50,000,000 shall be available for the Navy Reinvest-
ment Program under section 2520 of such title, as added by 
section 1113(b). 
(c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994 TECHNOLOGY 
REINVESTMENT PROJECTS.—Funds allocated under paragraphs (1) 
through (6) of subsection (b) to the defense reinvestment programs 
described in such paragraphs may also be used to make awards 
for technology reinvestment projects that were solicited under such 
programs in fiscal year 1994. 
SEC. 1112. SUPPORT FOR TECHNOLOGIES WITH APPLICABILITY FOR 
LAW ENFORCEMENT AND MILITARY OPERATIONS OTHER 
THANWAR. 
(a) SUPPORT AUTHORIZED.—Using funds made available under 
subsection (b), the Secretary of Defense shall support the Memoran-
dum of Understanding entered into between the Department of 
Defense £ind the Department of Justice on April 20, 1994, for 
the development, rapid deplo3anent, and transition of technologies 
with applicability for law enforcement and military operations other 
than war. Such support may include support for national law 
enforcement technology centers of the National Institute of Justice. 
(b) FUNDING FOR FISCAL YEAR 1995.—TO carry out subsection 
(a), there shall be available to the Secretary $41,000,000, of which— 
(1) $11,000,000 shall be derived from the amount author-
ized to be appropriated under section 201 and specified in 
section 1102(b) as a source of funds for defense conversion, 
reinvestment, and transition assistance programs; and 
(2) $30,000,000 shall be derived from the amount author-
ized to be appropriated under section 201(4) for the tactical 
technology and experimental evaluation of major innovative 
technology programs elements of the budget of the Department 
of Defense for fiscal year 1995. 
SEC. 1113. FEDERAL DEFENSE LABORATORY DIVERSIFICATION AND 
NAVY REINVESTMENT IN THE TECHNOLOGY AND INDUS-
TRIAL BASE. 
(a) 
FEDERAL 
DEFENSE 
LABORATORY DIVERSIFICATION 
PRO-
GRAM.—Subchapter III of chapter 148 of title 10, United States 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2865 
Code, is amended by inserting at the end thereof the following 
new section: 
"§2519. Federal Defense Laboratory Diversification Program 
"(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense 
shall conduct a program in accordance with this section for the 
purpose of promoting cooperation between Department of Defense 
laboratories and industry on research and development of dual-
use technologies in order to further the national security objectives 
set forth in section 2501(a) of this title. 
"(b) PARTNERSHIPS.—(1) The Secretary shall provide for the 
establishment under the program of cooperative arrangements 
(hereinafter in this section referred to as 'partnerships') between 
a Department of Defense laboratory 8ind eligible firms and nonprofit 
research corporations referred to in section 2511(b) of this title. 
A partnership may also include one or more additional Federal 
laboratories, institutions of higher education, agencies of State and 
local governments, and other entities, as determined appropriate 
by the Secretary. 
"(2) For purposes of this section, a federally funded research 
£ind development center shall be considered a Dep£irtment of 
Defense laboratory if the center is sponsored by the Department 
of Defense. 
"(c) ASSISTANCE AUTHORIZED.—(1) The Secretary may make 
grants, enter into contracts, enter into cooperative agreements and 
other transactions pursuant to section 2371 of this title, and enter 
into cooperative research and development agreements under sec-
tion 12 of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a) in order to establish partnerships. 
"(2) Subject to subsection (d), the Secretary may provide a 
partnership with technical and other assistsmce in order to facilitate 
the achievement of the purpose of this section. 
"(d) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT 
PARTICIPANTS.—(1) The Secretary shall ensure that the non-Federal 
Government p£irticipants in a partnership make a substantial con-
tribution to the total cost of partnership activities. The amount 
of the contribution shall be commensurate with the risk undertaken 
by such participants and the potential benefits of the activities 
for such participants. 
"(2) The regulations prescribed pursuant to section 2511(c)(2) 
of this title shall apply to in-kind contributions made by non-
Federal Government participants in a partnership. 
"(e) SELECTION PROCESS.—Competitive procedures shall be used 
in the establishment of partnerships. 
"(f) SELECTION CRITERL\..—The criteria for the selection of a 
proposed partnership for establishment under this section shall 
include the criteria set forth in section 2511(f) of this title. 
"(g) REGULATIONS.—The Secretary shall prescribe regulations 
for the purposes of this section.". 
(b) NAVY REINVESTMENT PROGRAM.—Such subchapter is fiirther 
amended by inserting after section 2519 (as added by subsection 
(a)) the following new section: 
"§ 2520. Navy Reinvestment Program 
"(a) ESTABLISHMENT OF PROGRAM.—The Secretary of the Navy 
shsdl conduct a program in accordance with this section for the 
purpose of promoting cooperation between the Department of the 
108 STAT. 2866 
PUBLIC LAW 103-337—OCT. 5, 1994 
Navy and industry on research and development of dual-use tech-
nologies in order to further the national security objectives set 
forth in section 2501(a) of this title. 
"(b) PARTNERSHIPS.—The Secretary shall provide for the 
establishment under the program of cooperative arrangements 
(hereinafter in this section referred to as 'partnerships') between 
Department of the Navy entities and eligible firms and nonprofit 
research corporations referred to in section 2511(b) of this title. 
A partnership may also include one or more Federal laboratories, 
institutions of higher education, agencies of State and local govern-
ments, and other entities, as determined appropriate by the Sec-
retary. 
"(c) 
PROGRAM 
REQUIREMENTS 
AND ADMINISTRATION.—Sub-
sections (c) through (f) of section 2519 of this title shall apply 
in the administration of the program. 
"(d) ADDITIONAL SELECTION CRITERIA.—The selection criteria 
for a proposed partnership for establishment under this section 
shall also include the potential effectiveness of the partnership 
in the fiirther development and application of each technology pro-
posed to be developed by the partnership for Navy acquisition 
programs. 
"(e) REGULATIONS.—The Secretary shall prescribe regulations 
for the purposes of this section.". 
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following: 
"2519. Federal Defense Laboratory Diversification Program. 
"2520. Navy Reinvestment Program.". 
(d) DEFINITION OF FEDERAL LABORATORY.—Section 2491(5) of 
title 10, United States Code, is amended by inserting before the 
period at the end the following: ", except that such terms include 
a federally funded research and development center sponsored by 
a Federal agency". 
SEC. 1114. LOAN GUARANTEES UNDER DEFENSE DUAL-USE ASSIST-
ANCE EXTENSION PROGRAM. 
^.a) MEMORANDUM OF UNDERSTANDING TO ADMINISTER LOAN 
GUARANTEE PROGRAM.—(1) For fiscal year 1995, the Secretary of 
Defense may enter into a memorandum of understanding with 
the Administrator of the Small Business Administration, the 
Administrator of the Economic Development Administration of the 
Department of Commerce, or the head of any other Federal agency 
having expertise regarding the provision of loan guarantees, under 
which such agency may— 
(A) process applications for loan guarantees under section 
2524(b)(3) of title 10, United States Code, during that fiscal 
year; 
(B) guarantee repajnnent of the resulting loans; and 
(C) provide any other services to the Secretary to admin-
ister the loan guarantee program under such section during 
that fiscal year. 
(2) From fUnds made available for the loan guarantee program 
under such section, the Secretary of Defense may transfer to the 
agency or agencies that are parties to the memorandum of under-
standing such sums as may be necessary for the agency or agencies 
to ceirry out activities under the loan guarantee program. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2867 
(3) The Secretary of Defense shall enter into th'j memorEindum 
of understanding authorized by paragraph (1) within 60 days after 
the date of the enactment of this Act for the administration of 
the loan guarantee program under such section during fiscal year 
1995. 
(4) The total amount allocated under section llll(b)(ll)(B) 
to cover the costs of loan guarantees during fiscal year 1995 under 
the loan guarantee program shall be divided between small business 
concerns and medium-sized business concerns (as defined in section 
2524(g) of title 10, United States Code) as follows: 
(A) 60 percent for small business concerns. 
(B) 40 percent for medium-sized business concerns. 
(b) SPECIAL REQUIREMENTS REGARDING LOAN GUARANTEES.— 
Subsection (e) of section 2524 of title 10, United States Code, 
is amended to read as follows: 
"(e) SPECIAL REQUIREMENTS REGARDING LOAN GUARANTEES.— 
(1) The Secretary shall carry out the loan guarantee program 
authorized under subsection (b)(3) during any fiscal year for which 
funds are specifically made available to cover the costs of loan 
guarantees to be issued pursuant to such subsection. 
"(2) In addition to the selection criteria specified in subsection 
(f), the selection criteria in the case of the loan guarantee program 
under subsection (b)(3) shall also include the following: 
"(A) The extent to which the loans to be guaranteed would 
support the retention of defense workers whose employment 
would otherwise be permanently or temporarily terminated as 
a result of reductions in expenditures by the United States 
for defense, the termination or cancellation of a defense con-
tract, the failure to proceed with an approved major weapon 
system, the merger or consolidation of the operations of a 
defense contractor, or the closure or realignment of a military 
installation. 
"(B) The extent to which the loans to be guaranteed would 
stimulate job creation and new economic activities in commu-
nities most adversely affected by reductions in expenditures 
by the United States for defense, the termination or cancellation 
of a defense contract, the failure to proceed with an approved 
major weapon system, the merger or consolidation of the oper-
ations of a defense contractor, or the closure or realignment 
of a military installation. 
"(C) The extent to which the loans to be guaranteed would 
be used to acquire (or permit the use of other funds to acquire) 
capital equipment to modernize or expand the facilities of the 
borrower to enable the borrower to remain in the national 
technology and industrial base available to the Department 
of Defense. 
"(3) To be eligible for a loan guarantee under subsection (b)(3), 
a borrower must be able to demonstrate to the satisfaction of 
the Secretary that at least 25 percent of the value of the borrower's 
sales during the preceding fiscal year were derived from— 
"(A) contracts with the Department of Defense or the 
defense-related activities of the Department of Energy; or 
"(B) subcontracts in support of defense-related prime con-
tracts. 
"(4) The maximum amount of loan principal that the Secretary 
may guarantee imder the loan guarantee program during a fiscal 
year may not exceed— 
108 STAT. 2868 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(A) $1,250,000, with respect to a small business concern; 
and 
"(B) $10,000,000 with respect to a medium-sized business 
concern,". 
(c) CONFORMING AMENDMENT.—Subsection (f) of such section 
is amended by striking out "SELECTION CRITERIA.—" and inserting 
in lieu thereof the following: "SELECTION PROCESS AND CRITERIA.— 
Competitive procedures shall be used in the selection of programs 
to receive assistance under this section.". 
SEC. 1115. FINANCIAL COMMITMENT REQUIREMENTS FOR SMALL 
BUSINESS CONCERNS FOR PARTICIPATION IN TECH-
NOLOGY REINVESTMENT PRO 
JECTS. 
(a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY PARTNERSHIPS.— 
Section 2511(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
"(3) The Secretary shall consider a partnership proposal submit-
ted by a small business concern without regard to the ability 
of the small business concern to immediately meet its share of 
the anticipated partnership costs. Upon the selection of a partner-
ship proposal submitted by a small business concern, the small 
business concern shall have a period of not less than 120 days 
in which to arrange to meet its financial commitment requirements 
under the partnership from sources other than a person of a foreign 
country. If the Secretary determines upon the expiration of that 
period that the small business concern will be unable to meet 
its share of the anticipated partnership costs, the Secretary shall 
revoke the selection of the partnership proposal submitted by the 
small business concern.". 
(b) COMMERCIAL-MILITARY INTEGRATION PARTNERSHIPS.—Sec-
tion 2512(c)(3) of such title is amended by adding at the end 
the following new subparagraph: 
"(C) The Secretary shall consider a partnership proposal 
submitted by a small business concern without regard to the ability 
of the small business concern to immediately meet its share of 
the anticipated partnership costs. Upon the selection of a partner-
ship proposal submitted by a small business concern, the small 
business concern shall have a period of not less than 120 days 
in which to arrange to meet its financial commitment requirements 
under the partnership from sources other than a person of a foreign 
country. If the Secretary determines upon the expiration of that 
period that the small business concern will be unable to meet 
its share of the anticipated partnership costs, the Secretary shall 
revoke the selection of the partnership proposal submitted by the 
small business concern.". 
(c) REGIONAL TECHNOLOGY ALLIANCES.—Section 2513(e) of such 
title is amended by adding at the end the following new paragraph: 
"(4) The Secretary shall consider a proposal for a regional 
technology alliance that is submitted by a small business concern 
without regard to the ability of the small business concern to 
immediately meet its share of the anticipated costs of the alliance. 
Upon the selection of a proposal submitted by a small business 
concern, the small business concern shall have a period of not 
less than 120 days in which to arrange to meet its financial commit-
ment requirements under the regional technology alliance fi'om 
sources other than a person of a foreign country. If the Secretary 
determines upon the expiration of that period that the small busi-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2869 
ness concern will be unable to meet its share of the anticipated 
costs, the Secretary shall revoke the selection of the proposal 
submitted by the small business concern.". 
(d) DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAMS.— 
Section 2524(d) of such title is amended by adding at the end 
the following new paragraph: 
"(3) The Secretary shall consider a program proposal submitted 
by a small business concern without regard to the ability of the 
small business concern to immediately meet its share of the antici-
pated program costs. Upon the selection of a proposal submitted 
by a small business concern, the small business concern shall have 
a period of not less than 120 days in which to arrange to meet 
its financial commitment requirements under the program fi*om 
sources other than a person of a foreign country. If the Secretary 
determines upon the expiration of that period that the small busi-
ness concern will be unable to meet its share of the anticipated 
program costs, the Secretary shall revoke the selection of the pro-
gram proposal submitted by the small business concern.". 
(e) DEFINITION OF PERSON OF A FOREIGN COUNTRY.—Section 
2491 of such title is amended by adding at the end the following 
new paragraph: 
"(16) The term 'person of a foreign country* has the meaning 
given such term in section 3502(d) of the Primary Dealers 
Act of 1988 (22 U.S.C. 5342(d)).". 
SEC. 1116. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY 
REINVESTMENT PROJECTS. 
(a) BENEFITS TO UNITED STATES ECONOMY.—In providing for 
the establishment or financial support of partnerships and other 
cooperative arrangements under chapter 148 of title 10, United 
States Code (using funds made available under section 1111(a)), 
the Secretary of Defense shall ensure that the principal economic 
benefits of, and to the extent practicable, the job creation resulting 
from, such partnerships and arrangements accrue to the economy 
of the United States. 
(b) USE OF COMPETITIVE SELECTION PROCEDURES.—Funds made 
available under subsection (a) of section 1111 for the defense tech-
nology reinvestment programs described in subsection (b) of such 
section, and funds made available under subsection (b) of section 
1112 for the program described in subsection (a) of such section, 
shall only be provided to projects selected using competitive proce-
dures pursuant to a solicitation incorporating cost-sharing require-
ments for the non-Federal Government participants in the projects. 
SEC. 1117. USE OF CERTAIN FUNDS PENDING SUBMISSION OF A 
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE PERI-
ODIC DEFENSE CAPABILITY ASSESSMENT AND A PERI-
ODIC DEFENSE CAPABILITY PLAN. 
(a) LIMITATION.—Not more than 50 percent of the funds made 
available for program element 65104D activities from funds author-
ized to be appropriated by this Act may be expended until the 
Secretary of Defense submits to Congress— 
(1) a national technology and industrial base periodic 
defense capability assessment required by section 2505 of title 
10, United States Code; and 
(2) a periodic defense capability plan required by section 
2506 of such title. 
108 STAT. 2870 
PUBLIC LAW 103-337—OCT. 5, 1994 
(b) PROGRAM ELEMENT 65104D ACTIVITIES DEFINED.—For pur-
poses of this section, the program element 65104D activities referred 
to in subsection (a) are the activities described as program element 
65104D in the materials submitted to Congress by the Secretary 
of Defense in support of the budget for fiscal year 1995 that was 
submitted to Congress pursuant to section 1105(a) of title 31, United 
States Code. 
10 use 2501 
SEC. 1118. DOCUMENTATION FOR AWARDS FOR COOPERATIVE AGREE-
note. 
MENTS OR OTHER TRANSACTIONS 
UNDER 
DEFENSE 
TECHNOLOGY REINVESTMENT PROGRAMS. 
At the time of the award for a cooperative agreement or other 
transaction under a program carried out under chapter 148 of 
title 10, United States Code, the head of the agency concerned 
shall include in the file pertaining to such agreement or transaction 
a brief explanation of the manner in which the award advances 
and enhances a particular national security objective set forth in 
section 2501(a) of such title or a particular policy objective set 
forth in section 2501(b) of such title. 
SEC. 1119. COMPTROLLER GENERAL ASSESSMENT OF EXTENT TO 
WHICH TECHNOLOGY AND INDUSTRIAL BASE PROGRAMS 
ATTAIN POLICY OBJECTIVES. 
Not later than 180 days after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit 
to Congress an assessment of the extent to which awards for 
cooperative agreements and other transactions under programs car-
ried out under chapter 148 of title 10, United States Code, have 
been made specifically to advance and enhance a particular national 
security objective set forth in section 2501(a) of such title or to 
achieve a particular policy objective set forth in section 2501(b) 
of such title. 
Subtitle B—Community Adjustment and 
Assistance Programs 
SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICATION ASSIST-
ANCE FOR STATES AND LOCAL GOVERNMENTS FROM 
OFFICE OF ECONOMIC ADJUSTMENT. 
Of the amount made available pursuant to section 1102(a), 
$54,127,000 shall be available to provide commiuiity adjustment 
and economic diversification assistance under section 2391(b) of 
title 10, United States Code. 
SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICATION. 
(a) FORM OF COMMUNITY ADJUSTMENT AND ECONOMIC DIVER-
SIFICATION.—Section 2391(d) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
"(3) The terms 'community adjustment' and 'economic diver-
sification' include the development of feasibility studies and 
business plans for market diversification within a community 
adversely affected by an action described in clause (A), (B), 
(C), or (E) of subsection (b)(1) by adversely affected businesses 
and labor organizations located in the community.". 
(b) FUNDING FOR FISCAL YEAR 1995.—Of the amount made 
available under section 1121, up to $10,000,000 shall be available 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2871 
to provide community adjustment and economic diversification 
assistance under section 2391(b) of title 10, United States Code, 
for the purpose of developing feasibility studies and business pleins. 
The amount of such funds provided for such purpose with respect 
to any adversely affected community may not exceed $100,000. 
SEC. 1123. ADViWCE COMMUNITY ADJUSTMENT AND ECONOMIC 
DIVERSIFICATION PLANNING. 
(a) ASSISTANCE AUTHORIZED.—Section 2391(b) of title 10, 
United States Code, is amended— 
(1) by redesignating peiragraphs (5), (6), and (7) as para-
graphs (6), (7), and (8), respectively; and 
(2) by inserting after paragraph (4) the following new para-
graph: 
"(5) The Secretary of Defense may also make grants, conclude 
cooperative agreements, and supplement other Federsd funds in 
order to assist a State or local government in plsinning community 
adjustments and economic diversification even though the State 
or local government is not currently eligible for assistance under 
paragraph (1) if the Secretary determines that a substantial portion 
of the economic activity or population of the geographic area to 
be subject to the advance pleinning is dependent on defense expendi-
tures.". 
(b) CONFORMING AMENDMENTS.—Paragraph (8) of such section, 
as redesignated by subsection (a)(1), is amended by striking out 
"paragraph (6)" both places it appears and inserting in lieu thereof 
"paragraph (7)". 
(c) FUNDING FOR FISCAL YEAR 1995.—Of the amount made 
available imder section 1121, up to $5,000,000 shall be available 
to assist advance planning of community adjustments and economic 
diversification under paragraph (5) of section 2391(b) of title 10, 
United States Code, as added by subsection (a)(2). 
Subtitle C—Personnel Adjustment, 
Education, and Training Programs 
SEC. 1131. TEACHER AND TEACHER'S AIDE PLACEMENT PROGRAMS. 
(a) PERIOD OF ELIGIBILITY.—Subsection (c) of section 1151 of 
title 10, United States Code, is amended— 
(1) in paragraph (1)(A), by striking out "seven-year period 
beginning on October 1, 1992," and inserting in lieu thereof 
"nine-year period beginning on October 1, 1990,"; and 
(2) by striking out paragraph (4). 
(b) APPLICATION PERIOD.—Subsection (e)(1) of such section is 
amended to read as follows: 
"(e) SELECTION OF PARTICIPANTS.—(1) Selection of members 
to participate in the placement program authorized by subsection 
(a) shall be made on the basis of applications submitted to the 
Secretary of Defense on a timely basis. An application shall be 
in such form and contain such information as the Secretary may 
require. An application shall be considered to be submitted on 
a timely basis if the application is submitted as follows: 
"(A) Except as provided in subparagraphs (B) and (C), 
not later than one year after the date of the discharge or 
release of the applicant fi-om active duty. 
108 STAT. 2872 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(B) In the case of an applicant discharged or released 
from active duty before January 19, 1994, not later than one 
year after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1995. 
"(C) In the case of an applicant becoming educationally 
qualified for teacher placement assistance in accordance with 
subsection (c)(2) after the date of the discharge or release 
of the applicant from active duty, not later than one year 
after the date on which the applicant becomes educationally 
qualified.". 
(c) FUNDING FOR FISCAL YEAR 1995.—Of the amount made 
available pursuant to section 1102(a), $65,000,000 shall be available 
for the teacher and teacher's aide placement programs authorized 
by sections 1151, 1598, and 2410j of title 10, United States Code. 
SEC. 1132. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN EMPLOY-
MENT WITH LAW ENFORCEMENT AGENCIES. 
(a) REVISED PROGRAM AUTHORITY.—(1) Section 1152 of title 
10, United States Code, is amended to read as follows: 
^'§ 1152. Assistance to eligible members and former members 
to obtain employment with law 
enforcement 
agencies 
"(a) PLACEMENT PROGRAM.—The Secretary of Defense may 
enter into an agreement with the Attorney General to establish 
or participate in a program to assist eligible members and former 
members of the armed forces to obtain employment as law enforce-
ment officers with eligible law enforcement agencies following the 
discharge or release of such members or former members fi*om 
active duty. Eligible law enforcement agencies shall consist of State 
law enforcement agencies, local law enforcement agencies, and 
Indian tribes that perform law enforcement functions (as deter-
mined by the Secretary of the Interior). 
"(b) ELIGIBLE MEMBERS.—Any individual who, during the 6-
year period beginning on October 1, 1993, is a member of the 
armed forces and is separated with an honorable discharge or 
is released from service on active duty characterized as honorable 
by the Secretary concerned shall be eligible to participate in a 
program covered by an agreement referred to in subsection (a). 
"(c) SELECTION.—In the selection of applicants for participation 
in a program covered by an agreement referred to in subsection 
(a), preference shall be given to a member or former member 
who— 
"(1) 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 Assistance 
Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 
1293 note); and 
"(2) has a military occupational specialty, training, or 
experience related to law enforcement (such as service as a 
member of the military police) or satisfies such other criteria 
for selection as the Secretary, the Attorney General, or a partici-
pating eligible law enforcement agency prescribed in accordance 
with the agreement. 
"(d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The Secretary 
of Defense may provide funds to the Attorney General for grants 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2873 
under this section to reimburse participating eligible law enforce-
ment agencies for costs, including salary and fringe benefits, of 
employing members or former members pursuant to a program 
referred to in subsection (a). 
"(2) No grant with respect to an eligible member or former 
member may exceed a total of $50,000. 
"(3) Any grant with respect to an eligible member or former 
member shall be disbursed within 5 years after the date of the 
placement of a member or former member with a participating 
eligible law enforcement agency. 
"(4) Preference in awarding grants through existing law enforce-
ment hiring programs shall be given to State or local law enforce-
ment agencies or Indian tribes that agree to hire eligible members 
and former members. 
"(e) ADMINISTRATIVE EXPENSES.—Ten percent of the amoimt, 
if any, appropriated for a fiscal year to carry out the program 
established pursuant to subsection (a) may be used to administer 
the program. 
"(f) 
REQUIREMENT FOR APPROPRIATION.—No person may be 
selected to participate in the program established pursuant to sub-
section (a) unless a sufficient amount of appropriated funds is 
available at the time of the selection to satisfy the obligations 
to be incurred by the United States imder an agreement referred 
to in subsection (a) that applies with respect to the person. 
"(g) CONDITIONAL EXPANSION OF PLACEMENT TO INCLUDE FIRE-
FIGHTERS.—(1) Subject to paragraph (2), the Secretary may expand 
the placement activities authorized by subsection (a) to include 
the placement of eligible members and former members and eligible 
civilian employees of the Department of Defense as 
firefighters 
or members of rescue squads or ambulance crews with public fire 
departments. 
"(2) The Secretary may implement the expansion authorized 
by this subsection only if the Secretary certifies to Congress not 
later than 180 days after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1995 that such expansion 
will facilitate personnel transition programs of the Department 
of Defense. The expansion may be made through a program covered 
by an agreement referred to in subsection (a), if feasible, or in 
such other manner as the Secretary considers appropriate. 
"(3) A civilian employee of the Department of Defense shall 
be eligible to participate in the expanded placement activities 
authorized under this subsection if the employee, during the six-
year period beginning October 1, 1993, is terminated from such 
emplo)mient as a result of reductions in defense spending or the 
closure or realignment of a military installation, as determined 
by the Secretary of Defense.". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 58 of title 10, United States Code, 
is amended to read as follows: 
"1152. Assistance to eligible members and former members to obtain employment 
with law enforcement agencies.". 
(b) FUNDING FOR FISCAL YEAR 1995.—(1) Of the amount made 
available pursuant to section 1102(a), $25,000,000 shall be available 
for the placement of members and former members of the Armed 
Forces as law enforcement officers under section 1152 of title 10, 
United States Code. 
108 STAT. 2874 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) Of the amount made available pursuEint to section 1102(a), 
up to $5,000,000 shall be available for the placement of members 
and former members of the Armed Forces and civilian employees 
of the Department of Defense as firefighters or members of rescue 
squads or ambulance crews with public fire departments under 
section 1152 of title 10, United States Code, if the Secretary of 
Defense makes the certification required by subsection (g)(2) of 
such section within the time period specified in such subsection. 
SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEMBERS AND 
TERMINATED DEFENSE EMPLOYEES IN TEACHING POSI-
TIONS AS BILINGUAL MATH AND SCIENCE TEACHERS. 
(a) COOPERATIVE ARRANGEMENTS.—During fiscal year 1995, the 
Secretary of Defense sTiall carry out a pilot program to establish 
cooperative arreingements between the Department of Defense and 
a consortium of two or more entities described in subsection (b) 
for the purpose of assisting bilingual members of the Armed Forces 
after their separation fi-om active duty, and bilingual civilian 
employees of the Department of Defense after the termination of 
their employment, in obtaining certification and employment as 
bilingual elementary or secondary school teachers in mathematics 
or science. 
(b) ELIGIBLE ENTITIES.—The entities with which the Secretary 
of Defense may enter into a cooperative arrangement under the 
pilot program are as follows: 
(1) Local governments of States that contain military 
installations and a high concentration of students who would 
benefit fi:om the increased presence of bilingual elementary 
or secondary school teachers in mathematics or science. 
(2) A consortium of two or more institutions of higher 
education that have a demonstrated background, expertise, and 
experience in operating bilingual teacher training programs 
in mathematics and science with an emphasis in English as 
a second language. 
(c) ELIGIBLE MEMBERS AND EMPLOYEES.—(1) A member of the 
Armed Forces shall be eligible to participate in a cooperative 
arrangement established under the pilot program if the member— 
(A) during the seven-year period beginning on October 1, 
1992, is discharged or released from active duty after six or 
more years of continuous active duty immediately before the 
discharge or release; 
(B) has received a baccalaureate or advanced degree from 
an accredited institution of higher education; 
(C) is bilingual; and 
(D) satisfies such other criteria for selection as the Sec-
retary of Defense may prescribe. 
(2) A civilian employee of the Department of Defense shall 
be eligible to participate in a cooperative arrangement established 
under the pilot program if the employee— 
(A) during the five-year period beginning October 1, 1992, 
is terminated fi'om such emplojnnent as a result of reductions 
in defense spending or the closure or realignment of a military 
installation, as determined by the Secretary of Defense; 
(B) has received a baccalaureate or advanced degree from 
an accredited institution of higher education; 
(C) is bilingual; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2875 
(D) satisfies such other criteria for selection as the Sec-
retary of Defense may prescribe. 
(d) STIPEND FOR PARTICIPANTS.—A member of the Armed Forces 
or a civiHan employee of the Department of Defense who partici-
pates in a cooperative arrangement established under the pilot 
program shall be eligible to receive an educational stipend in the 
same amount as provided under paragraph (1) of subsection (g) 
of section 1151 of title 10, United States Code, subject to the 
conditions specified in paragraphs (2) and (3) of such subsection 
and section 1598(e)(2) of such title. 
(e) ADMINISTRATIVE COSTS.—The Secretary of Defense shall 
cover the reasonable management costs of the pilot program 
incurred by the non-Federal entities participating in the cooperative 
arrangements established under the pilot program. 
(f) DEFINITIONS.—For purposes of this section: 
(1) The term "bilingual" means the ability to communicate 
in both English and another language. 
(2) 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. 
(g) FUNDING FOR FISCAL YEAR 1995.—Of the amount made 
available pursuant to section 1102(a), $5,000,000 shall be available 
to the Secretary of Defense to carry out this section. 
SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPARATED MEM-
BERS AND TERMINATED DEFENSE WORKERS TO BECOME 
BUSINESS OWNERS. 
(a) BUSINESS OWNERSHIP DEMONSTRATION PROJECT.—During 
fiscal year 1995, the Secretary of Defense may carry out a dem-
onstration project in not more than two eligible communities to 
assist separated members of the Armed Forces and terminated 
defense workers described in subsection (c) who reside in such 
communities to own their own businesses. The Secretary shall 
carry out the demonstration project in consultation with the Sec-
retary of Commerce. 
(b) ELIGIBLE COMMUNITIES.—To be eligible for selection by the 
Secretary of Defense as a site for the demonstration project, a 
community shall meet at least two of the following conditions: 
(1) The local economy is heavily dependent on a defense 
contractor that is in the process of terminating a major defense 
contract (or having such contract terminated by the Department 
of Defense) or closing a major facility. 
(2) The local economy may be adversely affected by changes 
in the use of a national laboratory previously engaged in the 
testing of nuclear weapons. 
(3) The local economy would be adversely affected by the 
closure of two or more military installations. 
(c) PERSONS ELIGIBLE FOR ASSISTANCE.—The following persons 
are eligible to participate in the demonstration project to own 
their own businesses: 
(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 emplojonent as a result of reductions 
108 STAT. 2876 
PUBLIC LAW 103-337—OCT. 5, 1994 
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 layoff) 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. 
(d) ACTIVITIES UNDER DEMONSTRATION PROJECT.—Under the 
demonstration project, the Secretary of Defense shall— 
(1) develop a business plan to establish a facility in each 
community in which the demonstration project is conducted 
to assist persons described in subsection (c) to own their own 
businesses; 
(2) conduct a market study to identify markets for the 
facility; 
(3) develop innovative approaches to capital formation for 
the facility and persons described in subsection (c); 
(4) conduct a skills assessment study to determine the 
number and t5TDe of employees needed to operate the facility; 
and 
(5) analyze the potential to use persons described in sub-
section (c) as employees of the facility. 
SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP RECYCLING 
AS A METHOD TO ASSIST SEPARATED MEMBERS AND 
TERMINATED DEFENSE WORKERS. 
(a) SHIP RECYCLING DEMONSTRATION PROJECT.—(1) Subject to 
paragraph (2), the Secretary of Defense may carry out a demonstra-
tion project in not more than three eligible locations to assist 
separated members of the Armed Forces and terminated defense 
workers described in subsection (c) to obtain employment by partici-
pating in the establishment and operation of ship recycling facilities. 
To carry out the demonstration project, the Secretary shall seek 
the participation of representatives of the ship recycling industry. 
(2) The Secretary of Defense may not implement or carry out 
the demonstration project unless the Secretary certifies to Congress 
not later than 180 days after the date of the enactment of this 
Act that— 
(A) the demonstration project will facilitate personnel 
transition programs of the Department of Defense; and 
(B) activities under the demonstration project will not dis-
rupt the operations of United States companies that are 
engaged in ship recycling and scrapping as of the date of 
the enactment of this Act. 
(b) ELIGIBLE LOCATIONS.—A location shall be eligible for selec-
tion by the Secretary of Defense as a site for the demonstration 
project if the location contains one or more militsiry installations 
that have been selected for closure or realignment pursuant to 
a base closure law and such installations include naval and port 
facilities. Competitive procedures shall be used in the selection 
of locations in which to conduct the demonstration project. 
(c) PERSONS ASSISTED UNDER DEMONSTRATION PROJECT.—The 
demonstration project is intended to promote the establishment 
and operation of ship recycling facilities that will provide employ-
ment for the following persons: 
(1) Members of the Armed Forces who are discharged or 
released from active duty. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2877 
^ 
(2) Civilian employees of the Department of Defense who 
are terminated from such emplo5rment 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 layoff) 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. 
(d) ASSISTANCE AUTHORIZED.—TO carry out the demonstration 
project in an eligible location selected by the Secretary, the Sec-
retary may make grants to, and enter into contracts and cooperative 
agreements with. State governments, local governments, private 
entities, nonprofit organizations, and institutions of higher edu-
cation operating in that location. 
(e) ACTIVITIES SUPPORTED.—^A government or entity (or group 
of entities) receiving assistance under the demonstration project 
shall use the assistance to perform, or support the performance 
of, any of the following: 
(1) Developing a business plan to establish a ship recycling 
facility for military and commercial ships currently in service 
and projected for future scrapping. 
(2) In consultation with the private sector, conducting a 
market study of— 
(A) the existing private sector capacity to perform ship 
recycling; 
(B) the utilization of existing ship recycling capacity; 
(C) the regional impact on markets for scrap generated 
from ship recycling; 
(D) the environmental remediation requirements asso-
ciated with ship recycling; 
(E) the ability to incorporate the private sector into 
the ship recycling facilities established pursuant to the 
demonstration project; and 
(F) such other issues related to ship recycling as the 
Secretary considers appropriate. 
(3) Conducting a skills assessment study to determine the 
number and type of employees needed to operate a ship 
recycling facility. 
(4) Developing plans for the cost-effective environmental 
remediation of ships to be recycled at the facility. 
(5) Demonstrating the feasibility of a ship recycling facility 
to become financially self-sustaining or projecting a reasonable 
timetable for the completion of the demonstration project, in 
which case the entity shall develop training, skills enhance-
ment, and career placement programs to assist employees 
involved in ship recycling to secure new occupations and 
careers. 
(6) Supporting regional ship recycling start-up activities. 
(7) Analyzing the potential to use persons described in 
subsection (c) as employees at a ship recycling facility. 
(f) TRANSFER OF EXCESS NAVAL VESSELS.—The Secretary of 
Defense may allocate among the ship recycling facilities established 
under the demonstration project excess naval vessels of the United 
States for recycling. 
(g) FUNDING FOR FISCAL YEAR 1995.—Of the amount made 
available pursuant to section 1102(a), $7,500,000 shall be available 
108 STAT. 2878 
PUBLIC LAW 103-337—OCT. 5, 1994 
to the Secretary of Defense to carry out the demonstration project 
if the Secretary of Defense makes the certification under subsection 
(a)(2) within the time period specified in such subsection. 
SEC. 1136. ADMINISTRATION AND FUNDING OF DEFENSE DIVERSIFICA-
TION PROGRAM AND DEFENSE CONVERSION ADJUST-
MENT PROGRAM UNDER JOB TRAINING PARTNERSHIP 
ACT. 
(a) DEFENSE DIVERSIFICATION PROGRAM.—Section 325A of the 
Job Training Partnership Act (29 U.S.C. 1662d-l) is amended— 
(1) in subsection (a), by striking out "From the amoimt" 
and all that follows through "Labor," and inserting in lieu 
thereof "From funds made available to c£irry out this section, 
the Secretary, in consultation with the Secretary of Defense,"; 
(2) in subsections (c), (d), (e), (i), (k)(2), (1), and (m), by 
striking out "Secretary of Defense" each place it appeeirs eind 
inserting in lieu thereof "Secretary"; 
(3) in subsection (d)(1)(A), by striking out "in consultation 
with the Secretary of Labor,"; 
(4) in the heading of subsection (e), by striking out "BY 
SECRETARY OF DEFENSE"; 
(5) in subsection (k)(l), by striking out "Secretary of 
Defense, in consultation with the Secretary of Labor," and 
inserting in lieu thereof "Secretary, in consultation with the 
Secretary of Defense,"; and 
(6) in subsection (n), by striking out "Secretary of Defense, 
in consultation with the Secretary of Labor," and inserting 
in lieu thereof "Secretary, in consultation with the Secretary 
of Defense,". 
(b) DEFENSE CONVERSION ADJUSTMENT PROGRAM,—Section 
325(a) of the Job Training Partnership Act (29 U.S.C. 1662d(a)) 
is amended by striking out "From the amount appropriated pursu-
ant to section 4203 of the Defense Economic Adjustment, Diver-
sification, Conversion, and Stabilization Act of 1990," and inserting 
in lieu thereof "From funds made available to carry out this sec-
tion,". 
SEC. 1137. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO 
REDUCTIONS BY THE UNITED STATES IN THE EXPORT 
OF DEFENSE ARTICLES AND SERVICES. 
(a) ASSISTANCE UNDER DEFENSE CONVERSION 
ADJUSTMENT 
PROGRAM.—Section 325 of the Job Training Partnership Act (29 
U.S.C. 1662d), as amended by section 1136(b), is further amended— 
(1) in subsection (a), by striking out "or by closures of 
United States military facilities" each place it appears and 
inserting in lieu thereof ", by closures of United States military 
facilities, or by reductions in the export of defense articles 
and defense services as a result of United States policy, includ-
ing reductions in the amount of defense articles and defense 
services under agreements to provide such articles or services 
or through termination or completion of any such agreements"; 
(2) in subsection (d), by striking out "or by the closure 
of United States military installations" and inserting in lieu 
thereof ", by closures of United States military facilities, or 
by reductions in the export of defense articles and defense 
services as a result of United States policy, including reductions 
in the amount of defense articles and defense services under 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2879 
agreements to provide such articles or services or through 
termination or completion of any such agreements"; and 
(3) by adding at the end the following new subsection: 
"(f) DEFINITION.—For purposes of this section, the term 'defence 
articles and defense services' means defense articles, defense serv-
ices, or design and construction services under the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), including defense articles 
and defense services licensed or approved for export under section 
38 of that Act (22 U.S.C. 2778).". 
(b) ASSISTANCE UNDER DEFENSE DIVERSIFICATION PROGRAM.— 
Section 325A of the Job Training Partnership Act (29 U.S.C. 1662d-
1), as amended by section 1136(a), is further amended— 
(1) in subsection (b)(3)(A), by striking out "or the closure 
or realignment of a military installation" and inserting in lieu 
thereof ", the closure or realignment of a military installation, 
or reductions in the export of defense articles and defense 
services as a result of United States policy, including reductions 
in the amount of defense articles and defense services under 
agreements to provide such articles or services or through 
termination or completion of any such agreements"; 
(2) in subsection (k)(l), by striking out "or by the closure 
of United States military installations" and inserting in lieu 
thereof ", the closure of United States military installations, 
or reductions in the export of defense articles and defense 
services as a result of United States policy, including reductions 
in the amount of defense articles and defense services under 
agreements to provide such articles or services or through 
termination or completion of any such agreements"; and 
(3) in subsection (o), by adding at the end the following 
new paragraph: 
"(3) DEFENSE ARTICLES AND DEFENSE SERVICES.—The term 
'defense articles and defense services' means defense articles, 
defense services, or design and construction services under 
the Arms Export Control Act (22 U.S.C. 2751 et seq.), including 
defense articles and defense services licensed or approved for 
export under section 38 of that Act (22 U.S.C. 2778).". 
Subtitle D—Other Matters 
SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTUR-
ING SUPPORT INITIATIVE AND ESTABLISHMENT OF ARMS 
INITIATIVE LOAN GUARANTEE PROGRAM. 
(a) EXTENSION.—Section 193(a) of the Armament Retooling and 
Manufacturing Support Act of 1992 (subtitle H of title I of Public 
Law 102-484; 10 U.S.C. 2501 note) is amended by striking out 
"fiscal years 1993 and 1994" and inserting in lieu thereof "fiscal 
years 1993 through 1996". 
(b) 
LOAN 
GUARANTEES 
UNDER 
ARMS 
INITIATIVE.—The 
Armament Retooling and Manufacturing Support Act of 1992 (10 
U.S.C. 2501 note) is amended— 
(1) by redesignating section 195 as section 196; and 
(2) by inserting after section 194 the following new section: 
"SEC. 195. ARMS INITIATIVE LOAN GUARANTEE PROGRAM. 
"(a) PROGRAM AUTHORIZED.—Subject to subsection (b), the Sec-
retary of the Army may carry out a loan guareuitee program to 
108 STAT. 2880 
PUBLIC LAW 103-337—OCT. 5, 1994 
encourage commercial firms to use ammunition manufacturing 
facilities pursuant to section 193. Under such program, the Sec-
retary may guarantee the repayment of any login made to a commer-
cial firm to fund, in whole or in part, the establishment of a 
commercial activity under this subtitle. 
"(b) ADVANCED BUDGET AUTHORITY.—Loan guarantees under 
this section may not be committed except to the extent that appro-
priations of budget authority to cover their costs are made in 
advance, as required by section 504 of the Federal Credit Reform 
Act of 1990 (2 U.S.C. 661c). 
"(c) PROGRAM ADMINISTRATION.—(l) The Secretary may enter 
into agreements with the Administrator of the Small Business 
Administration or the Administrator of the Farmers Home Adminis-
tration, the Administrator of the Rural Development Administra-
tion, or the head of other appropriate agencies of the Department 
of Agriculture, under which such Administrators may, imder this 
section— 
"(A) process applications for loan guarantees; 
"(B) guarantee repajnnent of loans; and 
"(C) provide any other services to the Secretary to admin-
ister the loan guarantee program. 
"(2) Each Administrator may guarantee loans under this section 
to commercial firms of any size, notwithstanding any limitations 
on the size of applicants imposed on other loan guarantee programs 
that the Administrator administers. 
"(3) To the extent practicable, each Administrator shall use 
the same procedures for processing loan guarantee applications 
under this section as the Administrator uses for processing loan 
guarantee applications under other loan guarantee programs that 
the Administrator administers. 
"(d) LOAN LIMITS.—The maximum amount of loan principal 
guaranteed during a fiscal year under this section may not exceed— 
"(1) $20,000,000, with respect to any single borrower; and 
"(2) $320,000,000 with respect to all borrowers. 
"(e) TRANSFER OF FUNDS.—The Secretary of the Army may 
transfer to an Administrator providing services under subsection 
(c), and the Administrator may accept, such funds as may be nec-
essary to administer the loan guarantee program under this section. 
"(f) REPORTING REQUIREMENT.—Not later than July 1 of each 
year in which a guarantee issued under this section is in effect, 
the Secretary shall submit to the congressional defense committees 
a report specifying the amounts of loans guaranteed under this 
section during the preceding calendar year. No report is required 
after fiscal year 1997.". 
(c) AUTHORIZATION FOR USE OF EXISTING BUDGET AUTHORITY.— 
Of the funds appropriated for the Armament Retooling and Manu-
facturing Support Initiative by title III of Public Law 102-396 
under the heading "PROCUREMENT OF AMMUNITION, ARMY" (106 
Stat. 1887), up to $43,000,000 may be made available to cover 
the costs of loan guarantees issued under section 195 of the 
Armament Retooling and Manufacturing Support Act of 1992 (as 
added by subsection (b)(2)), in such amounts as provided in an 
appropriations Act enacted after the date of the enactment of this 
Act. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2881 
SEC. 1142. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR 
ACTUAL TERMINATION OF DEFENSE PROGRAMS. 
(a) TIME FOR NOTICE AFTER SUBMISSION OF BUDGET.—Sub-
section (a) of 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— 
(1) by striking out "As soon as reasonably practicable" 
and inserting in lieu thereof "Not later than 60 days"; and 
(2) by striking out "and not more than 180 days after 
such date,". 
(b) TIME FOR NOTICE AFTER ENACTMENT OF APPROPRIATIONS 
ACT.—Subsection (b) of such section is amended— 
(1) by striking out "as soon as reasonably practicable" 
and inserting in lieu thereof "not later than 60 days"; and 
(2) by striking out "and not more than 180 days after 
such date,". 
(c) TIME FOR NOTICE OF WITHDRAWAL OF NOTIFICATION.—Sub-
section (f)(1) of such section is amended by striking out "as soon 
as reasonably practicable" and inserting in lieu thereof "not later 
than 60 days". 
SEC. 1143. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRONMENTAL 
TECHNOLOGIES FOR DREDGING OF DUAL-USE PORTS. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a plan for the Department of Defense to encourage the farther 
development and deployment of existing defense environmental 
technologies in support of the dredging requirements of dual-use 
ports, including— 
(1) the environmentally secure containment and manage-
ment of contaminated dredged materials; and 
(2) the decontamination of dredged materials. 
(b) MATTERS TO B E INCLUDED.—The plan to be established 
pursuant to subsection (a) shall include the following: 
(1) A description of defense reinvestment and defense 
conversion programs under chapter 148 of title 10, United 
States Code, that are available to facilitate the deplo5nnent 
of defense environmental technologies in support of the dredg-
ing requirements of dual-use ports. 
(2) A description of existing defense environmental tech-
nologies and processes that are available to support the objec-
tives of the plan to be established pursuant to subsection (a). 
(3) Recommendations for strategies to deploy such tech-
nologies and processes to ports of various sizes, including— 
(A) ports with projects requiring more than 5,000,000 
cubic yards of sediment to be dredged annually; 
(B) ports with projects requiring more than 1,000,000 
cubic yards of sediment to be dredged annually; 
(C) ports that have been affected by, or are likely 
to be affected by, the closure of one or more major military 
installations and that, as a result thereof, require substan-
tial environmental remediation; and 
(D) military port installations that have experienced 
significant delays in advancing dredging projects because 
of environmental compliance or dredged material disposal 
problems. 
(4) After consultation with the heads of other appropriate 
Federal agencies, an assessment of other available technologies 
108 STAT. 2882 
PUBLIC LAW 103-337—OCT. 5, 1994 
and processes that may be used in support of the plan to 
be estabhshed pursuant to subsection (a). 
(5) An assessment of the potential benefits and methods 
of transfer of technologies and processes for use in connection 
with dredging processes in commercial ports and waterways. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall transmit 
to Congress a report containing the plan to be established pursuant 
to subsection (a). 
TITLE XII—COOPERATIVE THREAT RE-
DUCTION WITH STATES OF FORMER 
SOVIET UNION 
22 use 5952 
SEC. 1201. COOPERATIVE THREAT REDUCTION PROGRAMS. 
For purposes of section 301 and other provisions of this Act, 
Cooperative Threat Reduction programs are the programs described 
in section 1203(b) of the Cooperative Threat Reduction Act of 1993 
(title XII of Public Law 103-160; 107 Stat. 1778; 22 U.S.C. 5952(b)). 
SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE 
THREAT REDUCTION PROGRAMS. 
Section 1207 of the Cooperative Threat Reduction Act of 1993 
22 use 5956. 
(title XII of PubHc Law 103-60; 107 Stat. 1782) is amended— 
(1) by striking out "Not later than April 30, 1994, and 
not later than October 30, 1994," and inserting in lieu thereof 
"Not later than April 30 and not later than October 30 of 
each year,"; 
(2) by striking out "under this title" and inserting in lieu 
thereof "under programs described in section 1203(b)"; £ind 
(3) in paragraph (3), by striking out "this title" and insert-
ing in lieu thereof "the programs described in section 1203(b)". 
SEC. 1203. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE. 
(a) REPORT.—(1) The Secretary of Defense shall submit to Con-
gress a report on the efforts made by the United States (including 
efforts through the use of audits, examinations, and on-site inspec-
tions) to ensure that assistance provided under cooperative threat 
reduction programs is fully accounted for and that such assistance 
is being used for its intended purposes. 
(2) The report shall be submitted not later than 90 days after 
the date of the enactment of this Act. 
(b) INFORMATION TO BE INCLUDED.—The report shall include 
the following: 
(1) A list of cooperative threat reduction assistance that 
has been provided before the date of the report. 
(2) A description of the current location of the assistance 
provided and the current condition of such assistance. 
(3) A determination of whether the assistance has been 
used for its intended purpose. 
(4) A description of the activities planned to be carried 
out during fiscal year 1995 to ensure that cooperative threat 
reduction assistance provided during that fiscal year is fully 
accounted for and is used for its intended purpose. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2883 
(c) COMPTROLLER GENERAL ASSESSMENT.—Not later than 30 
days after the date on which the report of the Secretary under 
subsection (a) is submitted to Congress, the Comptroller General 
of the United States shall submit to Congress a report giving 
the Comptroller General's assessment of the report and making 
any recommendations that the Comptroller General considers 
appropriate. 
SEC. 1204. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL 
RELATING TO WEAPONS OF MASS DESTRUCTION. 
The Secretary of Defense shall submit to Congress a report 
on progress being made in each state of the former Soviet Union 
that is a recipient of assistance under Cooperative Threat Reduction 
programs toward the development of an effective system of control 
and accountability for material related to weapons of mass destruc-
tion in that country. Under such a system, officials of the United 
States and of the recipient country should have an accurate account-
ing of the weapons of mass destruction in that country and the 
fissile and chemical materials from those weapons. The report shall 
be submitted not later than three months after the date of the 
enactment of this Act. 
SEC. 1205. MULTIYEAR PLANNING AND ALLIED SUPPORT. 
22 USC 5952 
(a) FUNDING REPORT TO CONGRESS.—The Secretary of Defense 
shall submit to Congress a report as described in subsection (b) 
on funding for Cooperative Threat Reduction programs with states 
of the former Soviet Union. The report shall be submitted at the 
time of the transmission to Congress of the budget justification 
materials for the funding request in the fiscal year 1996 budget 
for such Cooperative Threat Reduction programs. 
(b) MATTERS TO B E INCLUDED IN ANNUAL REPORT.—The Sec-
retary of Defense shall include in the report under subsection 
(a) the following: 
(1) An estimate of the total amount that will be required 
to be expended by the United States in order to achieve the 
objectives of Cooperative Threat Reduction programs. 
(2) A multiyear plan for the use of amounts and other 
resources provided by the United States for Cooperative Threat 
Reduction programs and to provide guidance for preparation 
of einnual budget submissions. 
(c) SUBSEQUENT REVISIONS TO REPORT.—The Secretary of 
Defense shall submit an updated version of the report under sub-
section (a) for any fiscal year after fiscal year 1996 for which 
the budget of the President proposes that funds be appropriated 
to the Department of Defense for Cooperative Threat Reduction 
programs. 
(d) FISCAL YEAR 1995 LIMITATION.—Of the amount authorized 
in section 301 for Cooperative Threat Reduction programs, the 
sum of $50,000,000 may not be obligated imtil the President certifies 
to Congress that the United States is making a concerted effort 
to ensure that allies of the United States are increasing their 
levels of support for activities that will aid in accomplishing the 
objectives of the Cooperative Threat Reduction programs. 
SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT REDUC-
TION PROGRAM FOR FISCAL YEAR 1995. 
(a) PROGRAM AMOUNTS.—Of the amount authorized to be appro-
priated in section 301 for Cooperative Threat Reduction programs— 
108 STAT. 2884 
PUBLIC LAW 103-337—OCT. 5, 1994 
(1) not more than $60,000,000 may be obligated for the 
demiUtarization of defense industries and the conversion of 
mihtary technologies and capabilities into civilian activities; 
(2) not more than $200,000,000 may be obligated for Weap-
ons Dismantlement, Destruction, and Denuclearization; 
(3) not more than $60,000,000 may be obligated for Safety 
and Security, Transportation, and Storage; 
(4) not more than $40,000,000 may be obligated for Non-
proliferation; 
(5) not more than $20,000,000 may be obligated for Defense 
and Military-to-Military Contacts; and 
(6) not more than $20,000,000 may be obligated for other 
authorized programs and activities. 
(b) 
LIMITED AUTHORITY To 
EXCEED INDIVIDUAL LIMITATION 
AMOUNTS.—(1) If the Secretary of Defense determines that it is 
necessary to do so in the national interest, the Secretary may, 
subject to paragraph (2), obligate amounts for the purposes stated 
in any of the paragraphs of subsection (a) in excess of the amount 
specified for those purposes in that paragraph. However, the total 
gmaount obligated for the purposes stated in the paragraphs in 
subsection (a) may not by reason of the use of the authority provided 
in the preceding sentence exceed the sum of the amounts specified 
in those paragraphs. 
(2) An obligation for the purposes stated in any of the para-
graphs in subsection (a) in excess of the amount specified in that 
paragraph may be made using the authority provided in paragraph 
(1) only after— 
(A) the Secretary submits to Congress a notification of 
the intent to do so together with a complete discussion of 
the justification for doing so; and 
(B) 15 days have elapsed following the date of the notifica-
tion. 
SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM 
OF THE STATES OF THE FORMER SOVIET UNION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States has identified nonproliferation of 
weapons of mass destruction as a high priority in the conduct 
of United States national security policy. 
(2) The United States is seeking universal adherence to 
global regimes that control nuclear, chemical, and biological 
weapons and is promoting new measures that provide increased 
transparency of biological weapons-related activities and facili-
ties in an effort to help deter violations of and enhance compli-
ance with the Biological Weapons Convention. 
(3) In early 1992, Russian President Boris Yeltsin indicated 
to former United States President George Bush that Russia 
still had an offensive biological weapons program. 
(4) A United States Government report dated January 19, 
1993, on arms control noncompliance noted that Russian dec-
larations up to that date had dramatically underestimated the 
size, scope, and maturity of the former Soviet biological weapons 
program. 
(5) Despite President Yeltsin's decree of April 11, 1993, 
stating that activities in violation of the Biological Weapons 
Convention are illegal, questions continue to arise reg£irding 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2885 
offensive biological weapons research, development, testing, 
production, and storage in Russia as well as in other countries. 
(6) A United States Government report, dated June 23, 
1994, states the following: "The United States has determined 
that the offensive biological warfare program that Russia inher-
ited from the Soviet Union violated the Biological Weapons 
Convention through at least March 1992. The Soviet offensive 
biological weapons program was massive, and included produc-
tion, weaponization, and stockpiling. The status of the program 
since that time remains unclear and the U.S. remains concerned 
about the Russian biological warfare program.". 
(7) The Joint Statement on Biological Weapons issued by 
officials of the United States, the United Kingdom, and Russia 
on September 14, 1992, confirmed the commitment of the three 
governments to full compliance with the Biological Weapons 
Convention and outlined steps designed to increase confidence 
in that commitment. 
(8) The Presidents of Russia and the United States are 
scheduled to hold a summit meeting in Washington during 
the month of September 1994. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President should continue to urge all signatories 
to the Biological Weapons Convention to comply fully with 
the terms of that convention and with other international agree-
ments relating to the control of biological weapons; 
(2) the President should keep the Congress fully and cur-
rently informed regarding any Russian activities related to 
offensive biological weapons; 
(3) the President should continue to insist that the Russian 
Government complete the steps noted and agreed to in the 
Joint Statement on Biological Weapons issued by officials of 
the United States, the United Kingdom, and Russia on Septem-
ber 14,1992; 
(4) subsequent meetings of representatives of the United 
States, the United Kingdom, and Russia on biological weapons 
and the September 1994 summit meeting in Washington pro-
vide opportunities for the President to again emphasize the 
importance of resolving the issues related to compliance with 
the Biological Weapons Convention; 
(5) in assessing the President's fiscal year 1996 budget 
request for foreign assistance funds for Russia, and for other 
programs and activities to provide assistance to Russia, includ-
ing the Cooperative Threat Reduction programs. Congress will 
consider United States Government assessments of Russia's 
compliance with its obligations under the Biological Weapons 
Convention; and 
(6) as the President encourages increased transparency 
of biological weapons-related activities and facilities to deter 
violations of, and enhance compliance with, the Biological 
Weapons Convention, the President should also take appro-
priate actions to ensure that the United States is prepared 
to counter the effects of use of biological weapons by others. 
(c) PRESIDENTIAL REPORTS.—Not later than February 1, 1995, 
not later than June 1, 1995, and not later than October 1, 1995, 
the President shall submit to Congress a report, in classified and 
unclassified forms, containing an assessment of the extent of compli-
ance of the independent states of the former Soviet Union with 
108 STAT. 2886 
PUBLIC LAW 103-337—OCT. 5, 1994 
the Biological Weapons Convention and other international agree-
ments relating to the control of biological weapons. 
(d) CONTENT OF REPORT.—The report shall include the follow-
ing: 
(1) MATTERS RELATED TO COMPLIANCE.— 
(A) An evaluation of the extent of control and oversight 
by tjie government of the Russian Federation over the 
former Soviet military and dual civilian-military biological 
warfare programs. 
(B) The extent, if any, of the biological warfare agent 
stockpile in any of the independent states of the former 
Soviet Union. 
(C) The extent and scope, if any, of continued biological 
warfare research, development, testing, and production by 
such states, including the sites and t3T)es of activity at 
those sites. 
(D) An evaluation of the effectiveness of possible deliv-
ery systems of biological weapons, including tube and 
rocket artillery, aircraft, and ballistic missiles. 
(E) An assessment of measures tsiken by the Russian 
Government to complete the steps noted and agreed to 
i 
in the 1992 Joint Statement on Biological Weapons referred 
to in subsection (b)(3), including a determination of the 
extent to which Russia has— 
(i) agreed to permit visits to military and non-
military biological sites in order to attempt to resolve 
ambiguities; 
(ii) provided information about biological weapons 
dismantlement accomplished to date, and further clari-
fication of information provided in its United Nations 
Declarations regarding biological weapons; 
(iii) been cooperative in exchanging information 
on a confidential, reciprocal basis concerning past 
offensive biological weapons programs not recorded in 
detail in its declarations to the United Nations; 
(iv) cooperated in reviewing potential additional 
measures to monitor compliance with the Biological 
Weapons Convention and modalities for testing such 
measures; 
(v) agreed to an examination of the physical infra-
structure of its biological facilities to determine 
whether there is specific equipment or excess capacity 
inconsistent with their stated purpose; 
(vi) helped identify ways to promote cooperation 
and investment in the conversion of biological weapons 
facilities; and 
(vii) agreed to exchanges of scientists at biological 
facilities on a long-term basis. 
(2) MATTERS RELATED TO UNITED STATES CAPABILITIES.— 
(A) An evaluation of United States capabilities to detect 
and monitor biological warfare research, development, test-
ing, production, and storage. 
(B) On the basis of the assessment and evaluations 
referred to in other provisions of the report, recommenda-
tions by the Secretary of Defense and Chairman of the 
Joint Chiefs of Staff for the improvement of United States 
biological warfare defense and counter-measures. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2887 
(e) LIMITATION.—Of the amount authorized to be appropriated 
by section 301 for Cooperative 'Hireat Reduction programs, 
$25,000,000 may not be obhgated until the President submits to 
Congress the first report required under subsection (c). 
SEC. 1208. COORDINATION 
OF CERTAIN COOPERATIVE THREAT 
Reports 
REDUCTION PROGRAMS. 
(a) MiLITARY-TO-MlLITARY CONTACT PROGRAMS.—(1) None of 
the funds authorized to be appropriated in section 301 for Coopera-
tive Threat Reduction programs may be obligated for activities 
under a military-to-military contact program until the Secretary 
of Defense and the Secretary of State submit to Congress a joint 
report on the coordination of military-to-military contact programs 
and comparable activities carried out under their respective jurisdic-
tions. 
(2) The report shall cover the following programs £ind activities: 
(A) Defense and military-to-military contact programs to 
be carried out using funds authorized to be appropriated in 
section 301 for Cooperative Threat Reduction programs. 
(B) Military-to-military contacts and comparable activities 
that are authorized by section 168 of title 10, United States 
Code, as added by section 1316. 
(C) Programs authorized under chapter 5 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.). 
(3) The report shall include a discussion of how the programs 
and activities referred to in paragraph (2) are carried out to 
maximize— 
(A) the effect of such programs and activities in enhancing 
United States foreign policy objectives; and 
(B) cost-efficiency in the conduct of the programs and activi-
ties. 
(b) REPORT.—Section 1207 of the Cooperative Threat Reduction 
Act of 1993 (title XII of Pubhc Law 103-160; 107 Stat. 1777; 
22 U.S.C. 5956), is amended by adding at the end the following 
new paragraph: 
"(5) A description of how all of the activities carried out 
under the authority of this title and other laws providing 
authority for cooperative threat reduction are coordinated with 
similar activities that are carried out under any other authority, 
including activities relating to military-to-military contacts, 
environmental restoration, and housing.". 
SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE DIS-
MANTLEMENT OF SOVIET NUCLEAR ARSENAL. 
(a) FINDINGS.—Congress makes the following findings: 
(1) It is a pressing national security challenge for the 
United States to expedite the safe and secure dismantlement 
of the nuclear arsenal of the former Soviet Union. 
(2) In particular, it is essential to expedite the return 
of strategic nuclear warheads from Ukraine, Belarus, and 
Kazakhstan and to expedite the safe and secure dismantlement 
of the nuclear delivery vehicles of Ukraine, Belarus, and 
Kazakhstan. 
(3) Leakage of nuclear materials and technology, and the 
continuing threat of emigration of scientists and technicians 
from the former Soviet nuclear weapons complex, pose a grave 
threat to United States national security and to international 
stability. 
108 STAT. 2888 
PUBLIC LAW 103-337—OCT. 5, 1994 
(4) Congress has authorized so-called "Nunn-Lugar" funds 
to enable the Department of Defense to carry out cooperative 
activities with states of the former Soviet Union to address 
the threats described in paragraphs (1), (2), and (3). 
(b) SENSE OF CONGRESS.—In light of the findings in subsection 
(a), it is the sense of Congress that— 
(1) the Secretary of Defense and the Secretary of State 
should continue to give their serious attention to canying out 
a coordinated strategy for addressing the urgent national secu-
rity issues described in subsection (a); 
(2) the United States should expedite the availability and 
effective application of so-called "Nunn-Lugar" funds; 
(3) although activities conducted with those funds should, 
to the extent feasible, draw upon United States technology 
and expertise, the United States should work with local contrac-
tors in Belarus, Kazakhstan, Russia, and Ukraine when doing 
so would expedite more effective use of those funds; and 
(4) efforts should be made to make the Science and Tech-
nology Centers in Moscow and Kiev, designed to slow the 
emigration of scientists and technicians from the former Soviet 
weapons complex, fully operational on an expedited basis. 
TITLE XIII—MATTERS RELATING TO 
ALLIES AND OTHER NATIONS 
Subtitle A—Matters Relating to NATO 
SEC. 1301. COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS WITH NATO ORGANIZATIONS. 
(a) APPLICABILITY OF EXISTING AUTHORITY TO NATO ORGANIZA-
TIONS.—Section 2350a of title 10, United States Code, is amended 
in subsections (a), (e)(2), and (i)(l) by inserting "or NATO organiza-
tions" after "major allies of the IJnited States" each place it appears. 
(b) NATO ORGANIZATION DEFINED.—Subsection (i) of such sec-
tion is amended by adding at the end the following new paragraph: 
"(4) The term 'NATO organization' means any North Atlan-
tic Treaty Organization subsidiary body referred to in section 
2350(2) of this title and any other organization of the North 
Atlantic Treaty Organization.". 
SEC. 1302. NORTH ATLANTIC TREATY ORGANIZATION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The North Atlantic Treaty Organization has served 
as a bulwark of peace, security, and democracy for the United 
States and the members of the alliance since 1949. 
(2) The unswerving resolve of the member states of the 
North Atlantic Treaty Organization to mutual defense against 
the threat of communist aggression was central to the demise 
of the Warsaw Pact. 
(3) The North Atlantic Treaty Organization is the most 
successful international security organization in history and 
is well suited to help marshal cooperative political, diplomatic, 
economic, and humanitarism efforts, buttressed by credible mili-
tary capability aimed at deterring conflict, and thus contribut-
ing to international peace and security. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2889 
(4) The threat of instabiHty in Eastern and Central Europe, 
as well as in the Southern and Eastern Mediterranean, contin-
ues to pose a fundamental challenge to the interests of the 
member states of the North Atlantic Treaty Organization. 
(5) North Atlantic Treaty Organization assets have been 
deployed in recent years for more than the territorial defense 
of alliance members, and the Rome Summit of October 1991 
adopted a new strategic concept for the North Atlantic Treaty 
Organization that entertained the possibility of operations 
beyond the gJliance's self-defense area. 
(6) In Oslo in July 1992, and in Brussels in December 
1992, the alliance embraced the deployment of North Atleintic 
Treaty Organization forces to peacekeeping operations under 
the auspices of the United Nations or the Conference on Secu-
rity and Cooperation in Europe. 
(7) The North Atlantic TYeaty Organization should attempt 
to cooperate with and seek a mandate from international 
organizations such as the United Nations when considering 
responses to crises outside the alliances's self-defense area. 
(8) Not all members of the international community share 
a commonality of interests that would ensure timely action 
by the United Nations Security Council. 
(9) It is critical that the security interests of the member 
countries of the North Atlantic Treaty Organization not be 
held hostage to indecision at the United Nations or a veto 
by a permanent member of the Security Council. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) it should be the policy of the United States that, in 
accordance with article 53 of the United Nations Charter, the 
North Atlantic Treaty Organization retains the right of auton-
omy of action regarding missions in addition to collective 
defense should the LTnited Nations Security Council or the 
Conference on Security and Cooperation in Europe fail to act; 
(2) while it is desirable to work with other international 
organizations and arrangements where feasible in dealing with 
threats to the peace, the North Atlantic Treaty Organization 
is not an auxiliary to the United Nations or any other organiza-
tion; and 
(3) the member states of the North Atlantic Treaty 
Organization reserve the right to act collectively in defense 
of their vital interests. 
SEC. 1303. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL 
IN EUROPE. 
(a) END STRENGTH.—Paragraph (1) of section 1002(c) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 
note), is amended to read as follows: 
"(1) The end strength level of members of the Armed Forces 
of the United States assigned to permanent duty ashore in Euro-
pean member nations of the North Atlantic Treaty Organization 
may not exceed a permanent ceiling of approximately 100,000 in 
any fiscal year.". 
(b) EXCLUSION OF CERTAIN ISLAND-BASED TROOPS IN CALCULA-
TION OF AUTHORIZED END STRENGTH.—Such section is further 
amended by adding at the end the following new paragraph: 
"(3) For purposes of this subsection, members of the Armed 
Forces of the United States assigned to permanent duty ashore 
108 STAT. 2890 
PUBLIC LAW 103-337—OCT. 5, 1994 
in Iceland, Greenland, and the Azores are excluded in calculating 
the end strength level of members of the Armed Forces assigned 
to permanent duty ashore in European member nations of NATO.". 
(c) CONFORMING AMENDMENT.—Section 1303 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
22 use 1928 
484; 106 Stat. 2546) is repealed. 
22*USC 1928 
^^^ EFFECTIVE DATE.—The amendment made by subsection (a) 
note. 
shall take effect on October 1, 1995. 
SEC. 1304. ALLIED SHARE OF INSTALLATIONS COSTS. 
(a) GOAL FOR ALLIED CONTRIBUTIONS.—In continuing efforts 
to enter into revised host-nation agreements as described in section 
1301(e) of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2545) and section 1401(c) 
of the National Defense Authorization Act for Fiscal Year 1994 
(PubHc Law 103-160; 107 Stat. 1824), the President shall seek 
to have European member nations of NATO assume an increased 
shgire of the nonpersonnel costs for United States military installa-
tions in those nations so that by September 30, 1996, those nations 
have assumed 37.5 percent of such costs. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term "nonpersonnel costs", with respect to United 
States military installations in European member nations of 
NATO, means costs for those installations other than costs 
paid from military personnel accounts. 
(2) The term "contributions", with respect to the share 
of such nonpersonnel costs assumed by the European member 
nations of NATO, means those cash and in-kind contributions 
made by such nations that replace expenditures that would 
otherwise be made by the Secretary using funds appropriated 
or otherwise made available in defense appropriations Acts. 
SEC. 1305. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES OVER-
SEAS MILITARY FACILITIES TO NATO HOST COUNTRIES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States has invested $6,500,000,000 in miU-
tary infrastructure in North Atlantic Treaty Organization 
(NATO) countries. 
(2) As part of an overall plan to reduce United States 
troop strength overseas, the Department of Defense plans to 
close, or reduce United States military presence at, 867 military 
sites outside the United States. 
(3) Most of the military sites outside the United States 
announced for closure are in Europe, where the United States 
has already closed 434 such sites while carrying out a reduction 
in troop strength in Europe from 323,432 in 1987 to approxi-
mately 100,000 by the end of fiscal year 1996. 
(4) When the United States closes military sites in Europe, 
it leaves buildings, roads, sewers, and other real property 
improvements behind. 
(5) Some of the European NATO allies have agreed to 
pay the United States for the residual value of the real property 
improvements left behind. 
(6) Although the United States military drawdown has 
been rapid since 1990, European allies have been slow to pay 
the United States the residual value of the sites released by 
the United States. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2891 
(7) As of 1994, the United States has recouped only 
$33,300,000 in cash, most of which was recovered in 1989. 
(8) Although the United States has released to Germany 
over 60 percent of the military sites planned for closure by 
the United States in that country and the current value of 
United States facilities to be returned to the German govern-
ment is estimated at approximately $2,700,000,000, the German 
government has budgeted only $25,000,000 for fiscal year 1994 
for pa3mient of compensation for the United States investment 
in those facilities. 
(b) POLICY.—It is the sense of Congress that— 
(1) the President should redouble efforts to recover the 
value of the United States investment in the military infrastruc-
ture in NATO countries; 
(2) the President should enter into negotiations with the 
government of each NATO host country with a presumption 
that pajonents to compensate the United States for the nego-
tiated value of improvements will be made in cash and depos-
ited in the Department of Defense Overseas Military Facility 
Investment Recovery Account; 
(3) the President should enter into negotiations for pay-
ments-in-kind only as a last resort and only after informing 
the Congress that negotiations for cash payments have not 
been successful; and 
(4) to the extent that in-kind contributions are received 
in lieu of cash pa5rnients in any fiscal year, the in-kind contribu-
tions should be used for projects that are identified priorities 
of the Department of Defense. 
(c) REQUIREMENTS AND LIMITATIONS RELATING TO PAYMENTS-
IN-KIND.—(1) Subsection (e) of section 2921 of the National Defense 
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2687 note) is 
amended— 
(A) by inserting "(1)" after "NEGOTIATIONS FOR PAYMENTS-
IN-KlND.—"; 
(B) by striking out "a written notice" and all that follows 
and inserting in lieu thereof "to the appropriate congressional 
committees a written notice regarding the intended negotia-
tions."; and 
(C) by adding at the end the following new paragraphs: 
"(2) The notice shall contain the following: 
"(A) A justification for entering into negotiations for pay-
ments-in-kind with the host country. 
"(B) The t5^es of benefit options to be pursued by the 
Secretary in the negotiations. 
"(C) A discussion of the adjustments that are intended 
to be made in the future-years defense program or in the 
budget of the Department of Defense for the fiscal year in 
which the notice is submitted or the following fiscal year in 
order to reflect costs that it may no longer be necessary for 
the United States to incur as a result of the payments-in-
kind to be sought in the negotiations. 
"(3) For purposes of this subsection, the appropriate congres-
sional committees are— 
"(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Defense Subcommittees of the 
Committee on Appropriations of the House of Representatives; 
and 
79-194 O—95—9 : QL 3 Part 4 
108 STAT. 2892 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Defense Subcommittees of the 
Committee on Appropriations of the Senate.". 
(2) Such section is further amended by adding at the end 
the following new subsection: 
"(h) CONGRESSIONAL OVERSIGHT OF PAYMENTS-IN-KIND.—(1) 
Not less than 30 days before concluding an agreement for acceptance 
of military construction or facility improvements as a payment-
in-kind, the Secretary of Defense shall submit to Congress a notifica-
tion on the proposed agreement. Any such notification shall contain 
the following: 
"(A) A description of the military construction project or 
facility improvement project, as the case may be. 
"(B) A certification that the project is needed by United 
States forces. 
"(C) An explanation of how the project will aid in the 
achievement of the mission of those forces. 
"(D) A certification that, if the project were to be carried 
out by the Department of Defense, appropriations would be 
necessary for the project and it would be necessary to provide 
for the project in the next future-years defense program. 
"(2) Not less than 30 days before concluding an agreement 
for acceptance of host nation support or host nation payment of 
operating costs of United States forces as a payment-in-kind, the 
Secretary of Defense shall submit to Congress a notification on 
the proposed agreement. Any such notification shall contain the 
following: 
"(A) A description of each activity to be covered by the 
payment-in-kind. 
"(B) A certification that the costs to be covered by the 
pajonent-in-kind are included in the budget of one or more 
of the military departments or that it will otherwise be nec-
essary to provide for payment of such costs in a budget of 
one or more of the military departments. 
"(C) A certification that, unless the payment-in-kind is 
accepted or funds are appropriated for pa5rment of such costs, 
the military mission of the United States forces with respect 
to the host nation concerned will be adversely affected.". 
SEC. 1306. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY 
STUDIES. 
(a) USE OF CONTRIBUTIONS.—Funds received by the United 
States Government from the Federal Republic of Germany as its 
fair share of the costs of the George C. Marshall European Center 
for Security Studies shall be credited to appropriations available 
to the Department of Defense for the George C. Marshall European 
Center for Security Studies. Funds so credited shall be merged 
with the appropriations to which credited and shall be available 
for the Center for the same purposes and the same period as 
the appropriations with which merged. 
(b) WAIVER OF CHARGES.—(1) The Secretary of Defense may 
waive reimbursement of the costs of conferences, seminars, courses 
of instruction, or similar educational activities of the George C. 
Marshall European Center for Security Studies for military officers 
and civilian officials of cooperation partner states of the North 
Atlantic Cooperation Council or the Partnership for Peace if the 
Secretary determines that attendance by such personnel without 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2893 
reimbursement is in the national security interest of the United 
States. 
(2) Costs for which reimbursement is waived pursuant to para-
graph (1) shall be paid from appropriations available for the Center. 
SEC. 1307. SENSE OF THE SENATE CONCERNING PARTICIPATION IN 
ALLIED DEFENSE COOPERATION. 
It is the sense of the Senate that the President should use 
existing authorities to the greatest extent possible to authorize 
the provision of the following types of assistance and cooperation 
to countries that are participating in the Partnership for Peace 
and are making significant progress in working with the North 
Atlantic Treaty Organization: 
(1) Defense articles and services, as defined in the Foreign 
Assistance Act of 1961 and the Arms Export Control Act. 
(2) Loan of materials, supplies, and equipment for research 
and development purposes. 
(3) Leases and loans of major defense equipment and other 
defense articles. 
(4) Cooperative military airlift agreements. 
(5) The procurement of communications support and related 
supplies and services. 
(6) Actions to standardize equipment with North Atlantic 
" Treaty Organization members. 
Subtitle B—^Matters Relating to Several 
Countries 
SEC. 1311. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS 
BASING ACTIVITIES. 
(a) LIMITATION.—The total amount authorized to be appro-
priated to the Department of Defense for operation and maintenance 
and for military construction (including construction and improve-
ment of military family housing) that is obligated to conduct over-
seas basing activities during fiscal year 1995 may not exceed 
$8,181,000,000, except to the extent provided by the Secretary 
of Defense under subsection (b). 
(b) EXCEPTION.—The Secretary of Defense may increase the 
amount of the limitation under subsection (a) by such amount 
as the Secretary determines to be necessary in the national interest, 
except that such increase may not exceed $400,000,000. The Sec-
retary may not make any such increase until the Secretary notifies 
the Congress of the Secretary's intent to make such an increase 
and a period of 15 days elapses after the day on which the notifica-
tion is received by the Congress. 
(c) ALLOCATIONS OF SAVINGS.—^Any amounts appropriated to 
the Department of Defense for fiscal year 1995 for the purposes 
covered by subsection (a) 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. 
(d) DEFINITION.—In this section, the term "overseas basing 
activities" has the meaning given such term in section 1401(d)(2) 
of the National Defense Authorization Act for Fiscal Year 1994 
108 STAT. 2894 
PUBLIC LAW 103-337—OCT. 5, 1994 
(Public Law 103-160; 107 Stat. 1825), except that such term does 
not mclude activities of the Department of Defense for which funds 
are provided through appropriations for Mihtary Personnel. 
SEC. 1312. CLARIFICATION AND CODIFICATION OF OVERSEAS MILI-
TARY END STRENGTH LIMITATION. 
(a) IN GENERAL.—(1) Chapter 3 of title 10, United States Code, 
is £imended by inserting after section 123a the following new section: 
*'§ 123b. Forces stationed abroad: limitation on number 
"(a) END-STRENGTH LIMITATION.—No funds appropriated to the 
Department of Defense may be used to support a strength level 
of members of the armed forces assigned to permanent duty ashore 
in nations outside the United States at the end of any fiscal year 
at a level in excess of 203,000. 
"(b) EXCEPTION FOR WARTIME.—Subsection (a) does not apply 
in the event of a declaration of war or an armed attack on any 
member nation of the North Atlantic Treaty Orgsinization, Japein, 
the Republic of Korea, or any other ally of the United States. 
"(c) PRESIDENTIAL WAIVER.—The President may waive the oper-
ation of subsection (a) if the President declares an emergency. 
The President shall immediately notify Congress of £iny such 
waiver.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"123b. Forces stationed abroad: limitation on number.". 
10 use 123b 
(b) EFFECTIVE DATE.—Section 123b of title 10, United States 
"°^- 
Code, as added by subsection (a), does not apply with respect 
to a fiscal year before fiscal year 1996. 
(c) CONFORMING REPEAL.—Section 1302 of the National Defense 
Authorization Act for Fiscal Year 1993 (PubHc Law 102-484; 106 
10 use 113 note. Stat. 2545) is repealed. 
SEC. 1313. COST-SHARING POLICY AND REPORT. 
22 use 1928 
(a) POLICY.—It is the policy of the United States that the 
"°'*^ 
North Atlantic Treaty Organization (NATO) allies should assist 
the United States in pajdng the incremental costs incurred by 
the United States for maintaining members of the Armed Forces 
in assignments to permanent duty ashore in European member 
nations of NATO solely for support of NATO roles and missions. 
President. 
(b) IMPLEMENTATION.—The President shall take all necessary 
actions to ensure the effective implementation of the policy set 
forth in subsection (a). 
(c) REPORT.—The Secretary of Defense shall include in the 
annual report required by section 1002(d) of the Department of 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the following: 
(1) A description of the United States military forces 
assigned to permanent duty ashore in European member 
nations of NATO and an analysis of the cost of providing 
and maintaining such forces in such assignment primarily for 
support of NATO roles and missions. 
(2) A description of the United States military forces 
assigned to permanent duty ashore in European member 
nations of NATO primarily in support of other United States 
interests in other regions of the world and an analysis of 
' 
the cost of providing and maintaining such forces in such 
assignment primarily for that purpose. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2895 
(3) A specific enumeration and description of the offsets 
to United States costs of providing and maintaining United 
States military forces in Europe that the United States received 
from other NATO member nations in the fiscal year covered 
by the report, set out by country and by type of assistance, 
including both in-kind assistance and direct cash reimburse-
ment, and the projected offsets for the five fiscal years following 
the fiscal year covered by the report. 
(d) INCREMENTAL COSTS DEFINED.—For purposes of subsection 
(a), the definition provided for the term "incremental costs" in 
section 1046 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993, as added by subsection (e), shall apply with 
respect to maintaining members of the Armed Forces in assign-
ments to permanent duty ashore in European member nations 
of NATO in the same manner as such term applies with respect 
to permanent stationing ashore of United States forces in foreign 
nations for purposes of subsection (e)(4) of such section 1046. 
(e) DEFINITION FOR REPORTING REQUIREMENT.—Section 1046 
of the National Defense Authorization Act for Fiscal Years 1992 
and 1993 (Public Law 102-190; 105 Stat. 1466; 22 U.S.C. 1928 
note) is amended by adding at the end the following new subsection: 
"(f) INCREMENTAL COSTS DEFINED.—In this section, the term 
'incremental costs', with respect to permanent stationing ashore 
of United States forces in foreign nations, means the difference 
between the costs associated with maintaining United States mili-
tary forces in assignments to permanent duty ashore in the foreign 
nations and the costs associated with maintaining those same mili-
tary forces at military bases in the United States.". 
SEC. 1314. REPORT ASSESSING THE NATIONAL SECURITY CON-
SEQUENCES OF UNITED STATES MILITARY COOPERA-
TION PROGRAMS. 
(a) REPORT.—The Secretary of Defense shall submit to Congress 
a report assessing the national security consequences of United 
States military cooperation programs. The report shall be submitted 
not later than the date of the submission to Congress of the next 
guinual report of the Secretary of Defense submitted under section 
113 of title 10, United States Code, after the date of the enactment 
of this Act. 
(b) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) A description of cooperative military relationships in 
effect. 
(2) A description of how activities under those relationships 
are intended to improve United States national security. 
(3) An assessment of the risks to the United States associ-
ated with engaging in military cooperation programs with for-
eign countries should the government of any of such country 
change its political orientation in a manner hostile to United 
States interests. 
(4) An analysis of the effect on United States national 
security of possible multilateral actions to reduce the military 
capability of governments and military forces that could pose 
a future threat to United States interests. 
(5) An assessment of any implications for regional security 
effected by existing cooperative military relationships. 
108 STAT. 2896 
PUBLIC LAW 103-337—OCT. 5, 1994 
(c) FORM OF REPORT.—The report under subsection (a) shall 
be submitted in unclassified form and, to the extent necessary, 
in classified form. 
SEC. 1315. REVIEW AND REPORT REGARDING DEPARTMENT OF 
DEFENSE PROGRAMS RELATING TO REGIONAL SECURITY 
AND HOST NATION DEVELOPMENT IN THE WESTERN 
HEMISPHERE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The political environment in the Western Hemisphere 
has been characterized in recent years by significant democratic 
advances and an absence of international strife, but democracy 
in some nations of the region is fragile. 
(2) It is desirable for the Department of Defense to perform 
a positive role in influencing the defense establishments and 
military forces of nations in the Western Hemisphere to make 
positive contributions to the democratic process and to domestic 
development programs of their respective nations. 
(3) Congress receives a number of annual reports relating 
to specific authorities granted to the Secretary of Defense under 
title 10, United States Code, such as the authorities relating 
to the conduct of bilateral or regional cooperation programs 
under section 1051 of that title, participation of developing 
countries in combined exercises under section 2010 of that 
title, and the training of special operations forces with fiiendly 
forces under section 2011 of that title. 
(4) The annual reports are replete with statistics and dollar 
figures and generally lacking in substance. 
(5) Congress does not receive annual reports with respect 
to other authorities of the Secretary of Defense, such as that 
relating to Latin American cooperation under section 1050 of 
title 10, United States Code. 
(6) Testimony before Congress (including in particular the 
testimony of the commander of the United States Southern 
Command and the commander of the United States Atlantic 
Command) has emphasized the conduct of a large number 
of complementary programs under the leadership and super-
vision of those two commanders to foster appropriate military 
roles in democratic host nations and to assist countries in 
developing forces properly trained to address their security 
needs, 
including 
needs 
regarding 
illegal 
immigration, 
insurgencies, smuggling of illegal arms, munitions, and explo-
sives across borders, and drug trafficking. 
(7) Most of the programs referred to in paragraph (6) 
provide excellent and often unique training and experience 
to the United States forces involved. 
(8) Military-to-military contact programs in the Western 
Hemisphere provide another tool to encourage a democratic 
orientation of the defense establishments and military forces 
of countries in the region. 
(9) There is a need for the Secretary of Defense to conduct 
a comprehensive review of the several authorities in title 10, 
United States Code, for the Secretary of Defense to engage 
in cooperative regional security programs with other countries 
in the Western Hemisphere in order to determine whether 
the authorities continue to be appropriate and necessary. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2897 
particularly in the light of the changed circumstances in the 
region. 
(10) There is a need for the Secretary of Defense to conduct 
a comprehensive review of various programs carried out pursu-
ant to such authorities to ensure that such programs are 
designed to meet the needs of the host nations involved and 
the regional strategic and foreign policy objectives of the United 
States, including promotion of sustainable development, effec-
tive control of the military by elected civilian authorities, reli-
able regional security accords, and the appropriate role for 
militaries in democratic societies. 
(11) There is a need for the Secretary of Defense to assess 
the strengths and weaknesses of the various regional security 
organizations, defense forums, and defense education institu-
tions in the Western Hemisphere in order to identify any 
improvements needed to harmonize the defense policies of the 
United States and those of friendly nations of the region. 
(b) REVIEW AND REPORT.—Not later than May 1, 1995, the 
Secretary of Defense, shall— 
(1) in consultation with the Chairman of the Joint Chiefs 
of Staff and the commanders of the combatant commands 
responsible for regions in the Western Hemisphere, carry out 
a comprehensive review and assessment of the matters referred 
to in paragraphs (2), (9), (10), and (11) of subsection (a); and 
(2) submit to Congress a report on the review and assess-
ment carried out pursuant to paragraph (1). 
(c) CONTENT OF REPORT.—The report shall contain a detailed 
and comprehensive description, discussion, and analysis of the fol-
lowing: 
(1) The Department of Defense plan to support United 
States strategic objectives in the Western Hemisphere. 
(2) The external and internal threats to the national secu-
rity of the nations of the region. 
(3) The various regional security cooperative programs car-
ried out by the Department of Defense in the region in 1994, 
including training and education programs in the host nations 
and in the United States and defense contacts set forth on 
a country-by-country basis, the statutory authority, if any, for 
such programs, and the strategic objectives served, 
(4) The various regional security organizations, defense 
forums, and defense education institutions that the United 
States maintains or in which the United States participates. 
(5) The contribution that such programs, defense contacts, 
organizations, forums, and institutions make to the advance-
ment of regional security, host nation security and national 
development. United States strategic objectives, and United 
States foreign policy objectives as described in paragraph (10) 
of subsection (a). 
(6) United States humanitarian civic assistance and civic 
action programs conducted with host coimtries in the region 
and the effect that those programs have had in furthering 
the objectives described in paragraph (10) of subsection (a). 
(7) The changes made or to be made in the programs, 
organizations, forums, and institutions referred to in para-
graphs (3), (4), (5), and (6) as a result of the comprehensive 
review. 
108 STAT. 2898 
PUBLIC LAW 103-337—OCT. 5, 1994 
(d) RECOMMENDED LEGISLATION.—The report shall include any 
recommendations for legislation that the Secretary considers nec-
essary to improve the ability of the Department to achieve its 
strategic objectives in the Western Hemisphere. 
(e) CLASSIFICATION OF REPORT.—The report shall be submitted 
in an unclassified form and may, if necessary, have a classified 
supplement. 
SEC. 1316. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE 
ACTIVITIES. 
(a) ACTIVITIES AUTHORIZED.—(1) Chapter 6 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
''§ 168. Military-to-military contacts and comparable activi-
ties 
"(a) PROGRAM AUTHORITY.—^The Secretary of Defense may con-
duct military-to-military contacts and comparable activities that 
are designed to encourage a democratic orientation of defense 
establishments and military forces of other countries. 
"(b) ADMINISTRATION.—The Secretary may provide funds appro-
priated for carr3dng out subsection (a) to the following officials 
for use as provided in subsection (c): 
"(1) The commander of a combatant command, upon the 
request of the commander. 
"(2) An officer designated by the Chairman of the Joint 
Chiefs of Staff, with respect to an area or areas not under 
the area of responsibility of a commander of a combatant com-
mand. 
"(3) The head of any Department of Defense component. 
"(c) AUTHORIZED ACTIVITIES.—An official provided funds under 
subsection (b) may use those funds for the following activities 
and expenses: 
"(1) The activities of traveling contact teams, including 
any transportation expense, translation services expense, or 
administrative expense that is related to such activities. 
"(2) The activities of military liaison teams. 
"(3) Exchanges of civilian or military personnel between 
the Department of Defense and defense ministries of foreign 
governments. 
"(4) Exchanges of military personnel between units of the 
armed forces and units of foreign armed forces. 
"(5) Seminars and conferences held primarily in a theater 
of operations. 
"(6) Distribution of publications primarily in a theater of 
operations. 
"(7) Personnel expenses for Department of Defense civilian 
and military personnel to the extent that those expenses relate 
to participation in an activity described in paragraph (3), (4), 
(5), or (6). 
"(8) Reimbursement of military personnel appropriations 
accounts for the pay and allowances paid to reserve component 
personnel for service while engaged in any activity referred 
to in another paragraph of this subsection. 
"(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided 
during emy fiscal year to an official under subsection (b) for an 
activity or expense referred to in subsection (c) shall be in addition 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2899 
to amounts otherwise available for those activities and expenses 
for that fiscal year. 
"(e) LIMITATIONS.—(1) Funds may not be provided under this 
section for a fiscal year for any activity for which— 
"(A) funding was proposed in the budget submitted to Con-
gress for that fiscal year pursuant to section 1105(a) of title 
31; and 
"(B) Congress did not authorize appropriations. 
"(2) An activity may not be conducted under this section with 
a foreign coimtiy unless the Secretary of State approves the conduct 
of such activity in that foreign country. 
"(3) Funds may not be provided under this section for a fiscal 
year for any country that is not eligible in that fiscal year for 
assistance imder chapter 5 of part II of the Foreign Assistance 
Act of 1961. 
"(4) Except for those activities specifically authorized under 
subsection (c), funds may not be used under this section for the 
provision of defense articles or defense services to £iny country 
or for assistance imder chapter 5 of part II of the Foreign Assistance 
Act of 1961. 
"(f) MiLITARY-TO-MlLITARY CONTACTS DEFINED.—In this Section, 
the term 'military-to-military contacts' means contacts between 
members of the armed forces and members of foreign armed forces 
through activities described in subsection (c).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"168. Military-to-military contacts and comparable activities.". 
(b) FISCAL YEAR 1995 FUNDING.—Of the amount authorized 
to be appropriated imder section 301(5) for operation and mainte-
nance for Defense-wide activities, $46,300,000 shall be available 
to the Secretary of Defense for the purposes of carrying out activities 
under section 168 of title 10, United States Code, as added by 
; 
subsection (a). 
(c) FISCAL YEAR 1995 ACTIVE DUTY END STRENGTHS.—(1) A lo use ii5 note, 
member of a reserve component described in paragraph (2) shall 
not be counted (under section 115(a)(1) of title 10, United States 
Code) against the applicable end strength limitation for members 
of the Armed Forces on active duty for fiscal year 1995 prescribed 
in section 401. 
(2) Paragraph (1) applies in the case of a member of a reserve 
component who is on active duty under a call or order to active 
duty for 180 days or more for activities imder section 168 of title 
10, United States Code, as added by subsection (a). 
(d) REPORT.—Not later than February 15, 1995, the Secretary 
of Defense shall submit to Congress a report on the management 
structure of the military-to-military contacts program. 
SEC. 1317. EXTENSION OF AUTHORITY TO ENTER INTO CERTAIN 
COOPERATIVE AGREEMENT AUTHORITIES TO INCLUDE 
THE UNITED NATIONS AND REGIONAL ORGANIZATIONS 
OF WHICH THE UNITED STATES IS A MEMBER. 
(a) LOGISTICS AGREEMENTS.—Section 2341 of title 10, United 
States Code, is amended— 
(1) by striking out "and" the first place it appears in para-
graph (1) and inserting in lieu thereof a comma; and 
(2) by inserting after "from North Atlantic Treaty Organiza-
tion subsidiary bodies" the following: ", and fi-om the United 
108 STAT. 2900 
PUBLIC LAW 103-337—OCT. 5, 1994 
Nations Organization or £iny regional international organization 
of which the United States is a member". 
(b) CROSS-SERVICING AGREEMENTS.—Section 2342 of such title 
10 use 2342. 
is amended— 
(1) in subsection (a)(1)— 
(A) by striking out "with—" in the matter preceding 
subparagraph (A) and inserting in lieu thereof with any 
of the following:"; 
(B) in subparagraph (A)— 
(i) by capitalizing the first letter of the first word; 
and 
(ii) by striking out the semicolon at the end and 
inserting in lieu thereof a period; 
(C) in subparagraph (B)— 
(i) by capitalizing the first letter of the first word; 
and 
(ii) by striking out "; or" at the end and inserting 
in lieu thereof a period; 
(D) by redesignating subparagraph (C) as subpara-
graph (D) and capitalizing the first letter of the first word 
of that subparagraph; and 
(E) by inserting after subparagraph (B) the following 
new subparagraph (C): 
"(C) The United Nations Organization or any regional inter-
national organization of which the United States is a member."; 
(2) in subsection (a)(2), by striking out "subsidiary body" 
both places it appears and inserting in lieu thereof "organiza-
tion"; and 
(3) in subsection (c), by striking out "as a routine or normal 
source" and inserting in lieu thereof "or international organiza-
tion". 
(c) 
LAW APPLICABLE TO ACQUISITION AND CROSS-SERVING 
10 use 2343. 
AGREEMENTS.—(1) Section 2343 of such title is amended— 
(A) by striking out subsection (a); and 
(B) by striking out "(b)" before "Sections". 
(2)(A) The heading of such section is amended to read as 
follows: 
"§ 2343. Waiver of applicability of certain laws". 
(B) The item relating to such section in the table of sections 
at the beginning of subchapter I of chapter 138 of such title is 
amended to read as follows: 
"2343. Waiver of applicability of certain laws.". 
(d) METHOD OF PAYMENT FOR ACQUISITIONS AND TRANSFERS 
BY THE UNITED STATES.—Section 2344(b)(4) of such title is amended 
by inserting after "North Atlantic Treaty Organization subsidiary 
bodies" the following: "and the United Nations Organization or 
any regional international organization of which the United States 
is a member". 
(e) LIQUIDATION OF ACCRUED CREDITS AND LIABILITIES.—Sec-
10 use 2345. 
tion 2345(a) of such title is amended by striking out "three" in 
the first sentence and inserting in lieu thereof "12". 
10 use 2346. 
(f) CREDITING OF RECEIPTS.—Section 2346 of such title is 
amended by striking out "shall be credited to applicable appropria-
tions, accounts, and funds of the Department of Defense" and insert-
ing in lieu thereof "shall be credited, at the option of the Secretary 
of Defense, to (1) the appropriation, fund, or account used in incur-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2901 
ring the obligation, or (2) an appropriate appropriation, fund, or 
account currently available for the purposes for which the expendi-
tures were made". 
(g) LIMITATION ON AMOUNTS THAT MAY BE OBLIGATED OR 
ACCRUED BY THE UNITED STATES.—Section 2347 of such title is lO use 2347. 
amended— 
(1) in subsection (a)(1)— 
(A) by striking out "and" the first place it appears 
and inserting in lieu thereof a comma; 
(B) by inserting after "subsidiary bodies of the North 
Atlantic Treaty Organization" the following: ", or from the 
United Nations Organization or any regional international 
organization of which the United States is a member"; 
(C) by striking out "$150,000,000" and inserting in 
lieu thereof "$200,000,000"; and 
(D) by striking out "$25,000,000" and inserting in heu 
thereof "$50,000,000"; 
(2) in subsection (a)(2)— 
(A) by striking out "$10,000,000" the first place it 
appears and inserting in lieu thereof "$60,000,000"; 
(B) by striking out "$2,500,000" and inserting in lieu 
thereof "$20,000,000"; and 
" 
(C) by striking out "$10,000,000" the second place it 
appears and inserting in lieu thereof "$60,000,000"; 
(3) in subsection (b)(1)— 
(A) by striking out "and" the first place it appears 
and inserting in lieu thereof a comma; 
(B) by inserting after "subsidiary bodies of the North 
Atlantic Treaty Organization" the following: ", or from the 
United Nations Organization or any regional international 
' 
organization of which the United States is a member"; 
and 
(C) by striking out "$100,000,000" and inserting in 
lieu thereof "$150,000,000"; 
(4) in subsection (b)(2), by striking out "$10,000,000" and 
inserting in Ueu thereof "$75,000,000"; and 
(5) by adding at the end the following new subsection: 
"(c) When the armed forces are involved in a contingency oper-
ation or in a non-combat operation (including an operation in sup-
port of the provision of humanitarian or foreign disaster assistance 
or in support of peacekeeping operations under chapter VI or VII 
of the Charter of the United Nations), the restrictions in subsections 
(a) and (b) are waived for the purposes and duration of that oper-
ation.". 
(h) DEFINITIONS.—Section 2350 of such title is amended— 
lO use 2350. 
(1) in paragraph (1)— 
(A) by inserting "(including airlift)" after "transpor-
tation"; 
(B) by inserting "calibration services," after "mainte-
nance services,"; and 
(C) by adding at the end the following new sentence: 
"Such term includes temporary use of general purpose 
vehicles and other items of military equipment not des-
ignated as part of the United States Munitions List pursu-
ant to section 38(a)(1) of the Arms Export Control Act."; 
and 
(2) by adding at the end the following new paragraph: 
108 STAT. 2902 
PUBLIC LAW 103-337—(3CT. 5, 1994 
"(4) The term 'transfer' means selling (whether for payment 
in currency, replacement-in-kind, or exchange of supplies or 
services of equal value), leasing, loaning, or otherwise tempo-
rarily providing logistic support, supplies, and services under 
the terms of a cross-servicing agreement.", 
(i) ANNUAL REPORT REQUIREMENT.—(1) Subchapter I of chapter 
138 of title 10, United States Code, is amended by inserting after 
section 2349 the following new section: 
''§ 2349a. Annual report on non-NATO agreements 
"(a) REPORT.—^The Secretary of Defense shedl submit to Con-
gress, not later than January 15 of each of 1996, 1997, 1998, 
1999, and 2000, a report covering non-NATO cross-servicing and 
acquisition actions in effect during the preceding fiscal year. 
"(b) MATTERS TO B E INCLUDED.—Each such report shall set 
forth in detail the following with respect to the preceding fiscal 
year: 
"(1) The total dollar amounts involved. 
"(2) A description of any services and equipment provided 
or received through those actions. 
"(3) A description of any equipment provided through those 
actions that is not returned. 
"(4) The volume of credits and habilities accrued and liq-
uidated. 
"(c) NON-NATO AGREEMENTS.—For purposes of this section, 
a non-NATO cross-servicing and acquisition agreement is a cross-
servicing and acquisition agreement under this subchapter that 
involves countries or organizations other than North Atlantic Treaty 
Organization countries or subsidiary bodies.". 
(2) The table of sections at the beginning of such subchapter 
is amended by inserting after the item relating to section 2349 
the following new item: 
"2349a. Annual report on non-NATO agreements.". 
10 use 2341 
(j) EFFECTIVE DATE.—The amendments made by this section 
"°*®- 
shall apply with regard to any acquisition or transfer of logistic 
support, supplies, and services under the authority of subchapter 
I of chapter 138 of title 10, United States Code, that is initiated 
after the date of the enactment of this Act. 
SEC. 1318. PERMANENT AUTHORITY FOR DEPARTMENT OF DEFENSE 
TO SHAKE EQUITABLY THE COSTS OF CLAIMS UNDER 
INTERNATIONAL 
ARMAMENTS 
COOPERATIVE 
PRO-
GRAMS. 
Subsection (c) of section 843 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (PubUc Law 102-484; 106 Stat. 2469; 
10 U.S.C. 2350a note) is repealed. 
Subtitle C—^Matters Relating to Specific 
Countries 
SEC. 1321. DEFENSE COOPERATION BETWEEN THE UNITED STATES 
AND ISRAEL. 
(a) FiNDESTGS.—Congress makes the following findings: 
(1) The President has reiterated the long-standing United 
States commitment to maintaining the qualitative superiority 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2903 
of the Israeli Defense Force over any combination of adversar-
ies. 
(2) Congress continues to recognize the many benefits to 
the United States from its strategic relationship with Israel, 
including enhancing regional stability and technical coopera-
tion. 
(3) Despite the momentous peace process in which Israel 
and its neighbors are productively engaged, Israel continues 
to face difficult threats to its national security that are 
compounded by the proliferation of weapons of mass destruction 
and ballistic missiles. 
(4) Congress is supportive of the objective of the President 
to enhance United States-Israel military and technical coopera-
tion, particularly in the areas of missile defense and counter-
proliferation. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President should ensure that any conventional 
defense system or technology offered for release to any NATO 
or other major non-NATO ally should concurrently be available 
for purchase by Israel unless such action would contravene 
United States national interests; and 
(2) the President should make available to Israel, within 
existing technology transfer laws, regulations, and policies, 
advanced United States technology necessary for continued 
progress in cooperative United States-Israel research and devel-
opment of theater missile defenses. 
SEC. 1322. READINESS OF MILITARY FORCES OF THE REPUBLIC OF 
KOREA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Under existing security arrangements between the 
United States and the Republic of Korea, responsibility for 
the defense of the territory of the Republic of Korea is allocated 
so that the Republic of Korea has primary responsibility for 
the ground defense of its territory and the United States has 
primary responsibility for air and sea defense of the Korean 
peninsula and for reinforcement. 
(2) The Force Improvement Program of the Republic of 
Korea 
.-has not fiiUy addressed critical shortfalls in its ground 
force capability which continue to exist even though the Repub-
lic of Korea spends approximately $12,000,000,000 annually 
on defense while the Democratic People's Republic of Korea 
spends approximately $4,000,000,000 annually on defense. The 
Republic of Korea has directed substantial defense resources 
to procuring submarines, destroyers, advanced aircraft, and 
other military systems that are marginal to its primary ground 
defense responsibility. 
(3) The defense acquisition decisions of the Republic of 
Korea have had the effect of not allowing the Republic of 
Korea to attain self-sufficiency in its ground defense responsibil-
ity. As a result, there exists an undue burden on the United 
States for the ground defense of the Korean peninsula. 
(4) The lack of intelligence capability to forecast the mili-
tary intentions of the Democratic People's Republic of Korea 
presents major problems for the combined United States-Repub-
lic of Korea defense of South Korea. 
108 STAT. 2904 
PUBLIC LAW 103-337—OCT. 5, 1994 
(5) A short-warning attack by the Democratic People's 
Repubhc of Korea would cause major losses to the combined 
United States-Republic of Korea ground force. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the President should urge the Republic of Korea to continue to 
improve its military ground forces with emphasis on counterartillery 
capabilities, defense against ballistic missiles and weapons of mass 
destruction, combined United States-Republic of Korea logistics 
capabilities, combined United States-Republic of Korea medical sup-
port, and combined United States-Republic of Korea capabilities 
for tactical intelligence and indications and warning of a North 
Korean attack. 
(c) REPORT.—Not later than January 15, 1995, the Secretary 
of Defense shall submit to Congress a report, in classified form, 
on— 
(1) the readiness of the military forces of the Republic 
of Korea to defeat an attack by the military forces of the 
Democratic People's Republic of Korea; and 
(2) the adequacy of the defense acquisition strategy of 
the Republic of Korea to meet its primary ground defense 
mission. 
SEC. 1323. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF 
A FORCE REQUIRED FOR A MAJOR REGIONAL CONTIN-
GENCY ON THE KOREAN PENINSULA. 
(a) FINDINGS,—Congress makes the following findings: 
(1) The Secretary of Defense conducted the Bottom-Up 
Review during 1993 to establish the size and structure for 
the Armed Forces for the Post-Cold-War era. 
(2) The report on the Bottom-Up Review cites the need 
for the Armed Forces to be large enough to prevail in two 
major regional conflicts "nearly simultaneously. 
(3) The report on the Bottom-Up Review gives special 
consideration to a scenario that hypothesizes that the two 
"nearly simultaneous" conflicts would occur in Korea and the 
Persian Gulf. 
(4) The United States sent 7 Army divisions, the equivalent 
of 10 Air Force tactical fighter wings, 70 heavy bombers, 6 
Navy aircraft carrier battle groups, and 5 Marine Corps bri-
gades to the Persian Gulf to fight the war against Iraq. 
(5) The report on the Bottom-Up Review asserts that the 
forces needed to fight two conflicts similar to that with Iraq 
can be drawn from a total military force of between 15 and 
16 Army divisions, 20 Air Force tactical fighter wings, up 
to 184 heavy bombers, 11 active Navy aircraft carriers (along 
with one reserve/training carrier), gind the equivalent of 12 
Marine Corps brigades. 
(6) The report on the Bottom-Up Review recognizes that 
approximately 100,000 members of the Armed Forces will be 
stationed in Europe. 
(7) The report on the Bottom-Up Review recognizes that 
sizeable numbers of United States forces could be involved 
in peace enforcement and intervention operations at any one 
time. 
(8) The report on the Bottom-Up Review makes no specific 
recommendation as to the number of forces to be held in reserve 
to provide a rotation base either to relieve troops in the event 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2905 
one or both hj^jothetical conflicts result in lengthy deployments 
or to replace combat losses. 
(9) Military planners calculate that 430,000 or more United 
States military personnel may be needed to win a war with 
North Korea begun by an invasion of South Korea by North 
Korea. 
(10) In a worst case scenario, the size of the force military 
planners may request to help defend South Korea could exceed 
the levels that are consistent with the recommendations of 
the report on the Bottom-Up Review if the existing and future 
force requirements for a presence in Europe, possible peace 
enforcement operations, and an adequate rotation base, as well 
as a second regional conflict, must be fulfilled simultaneously. 
(11) The Bottom-Up Review was conducted for the purpose 
of force-sizing and was not meant to constrain operational 
planning. 
(b) SENSE OF CONGRESS CONCERNING BUR.—It is the sense 
of Congress that— 
(1) the force structure identified in the report on the Bot-
tom-Up Review should not be used to limit the size or structure 
of the force that United States military commanders may 
request in preparation for a major regional contingency on 
the Korean peninsula; and 
(2) the conclusions of the Bottom-Up Review should be 
continuously examined in light of the lessons learned fi'om 
preparation for a major regional contingency on the Korean 
peninsula and fi'om other military operations. 
(c) SENSE OF CONGRESS CONCERNING SITUATION ON KOREAN 
PENINSULA.—It is the sense of Congress that the chairmen and 
ranking minority members of the Committees on Armed Services 
and chairmen and ranking minority members of the Appropriations 
Subcommittees on Defense of the Senate and House of Representa-
tives should receive regular briefings from the Secretary of Defense 
on the situation on the Korean peninsula. 
SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN 
NUCLEAR WEAPONS DEVELOPMENT PROGRAM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Between 1950 and 1953, the United States led a military 
coalition that successfully repelled an invasion of the Republic 
of Korea by North Korea, at a cost of more than 54,000 Amer-
ican lives. 
(2) The United States and the Republic of Korea ratified 
a Mutual Security Treaty in 1954 that commits the United 
States to helping the Republic of Korea defend itself against 
external aggression. 
(3) Approximately 37,000 United States military personnel 
are presently stationed in the Republic of Korea. 
(4) The United States and the Republic of Korea have 
regularly conducted joint military exercises, including "Team 
Spirit" exercises. 
(5) North Korea has built up an armed force nearly twice 
the size of that in the Republic of Korea and has not renounced 
the use of force, terrorism, and subversion in its attempts 
to subdue and subjugate the Republic of Korea. 
(6) Although North Korea signed the Treaty on the Non-
Proliferation of Nuclear Weapons in 1985, it has impeded the 
108 STAT. 2906 
PUBLIC LAW 103-337—OCT. 5, 1994 
international inspection of its nuclear facilities that is required 
of all signatories of that Treaty. 
(7) North Korea's nuclear weapons and ballistic missile 
programs represent a grave threat to the security of the Korean 
peninsula and the entire world. 
(8) Efforts in recent years by the United States to reduce 
tensions on the Korean peninsula have included— 
(A) the withdrawal of all nuclear weapons from the 
territory of the Republic of Korea and a reduction in the 
number of United States military personnel stationed there; 
(B) the postponement of the 1994 Team Spirit exer-
cises; 
(C) the establishment of direct diplomatic contacts with 
the North Korean government; and 
(D) the offer of expanded diplomatic and economic con-
tacts with North Korea. 
(9) Weapons-grade plutonium can be extracted from the 
fuel rods removed from North Korea's principal reactor at 
Yongbyon. 
(10) International inspectors were not permitted to examine 
and test in a timely manner spent fuel rods removed from 
North Korea's principal nuclear reactor at Yongbyon, as 
required to ensure compliance with North Korea's obligations 
under the Nuclear Non-Proliferation Treaty. 
(11) Diplomacy concerning the North Korean nuclear pro-
gram has clearly reached a crucial stage, the unsatisfactory 
resolution of which would place the international nonprolifera-
tion regime in jeopardy and threaten the peace and security 
of the Korean peninsula, the Northeast Asia region, and, by 
extension, the rest of the world. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the announced freeze on the North Korean nuclear 
program should remain in place until internationally agreed-
upon safeguards of any North Korean civilian nuclear program 
can be made fully effective; 
(2) the North Korean government should take a further 
step toward verified cooperation with the international non-
proliferation regime by— 
(A) permitting the unfettered international inspection 
and testing of the spent fuel rods removed from North 
Korea's nuclear reactor at the Yongbyon nuclear complex, 
followed by adequate international supervision of the trans-
fer of all spent fuel rods from the Yongbyon complex and 
their disposal in another country; and 
(B) accepting a comprehensive inspection process as 
required by the Treaty on the Non-Proliferation of Nuclear 
Weapons; 
(3) a resolution of the inspection controversy at the 
Yongbyon complex that allows for anything less than the full 
international inspection of facilities in that complex required 
by North Korea's obligations under the Nuclear Non-Prolifera-
tion Treaty— 
(A) would be unsatisfactory; and 
(B) should prompt the Government of the United States 
to take such action as would indicate the severity with 
which the United States views this provocation against 
international norms; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2907 
(4) such action should include (but not necessarily be lim-
ited to)— 
(A) the seeking of international sanctions against 
North Korea; and 
(B) the rescheduling of the Team Spirit exercises for 
1994. 
SEC. 1325. REPORT ON SECURITY RELATIONSfflP BETWEEN THE 
UNITED STATES AND JAPAN. 
(a) REPORT REQUIRED.—Not later than March 1, 1995, the 
Secretary of Defense shall submit a report to Congress regarding 
the security relationship between the United States and Japan. 
(b) CONTENT OF REPORT.—The report required by this section 
shall contain the following: 
(1) An evaluation of the security objectives that the United 
States hopes to achieve in its relationship with Japan. 
(2) An analysis of the threats, dangers, and risks to the 
United States and Japan in the Asia-Pacific region. 
(3) An explanation of the United States strategy for achiev-
ing its security objectives with Japan and in the Asia-Pacific 
region. 
(4) An evaluation of the role of the United States-Japan 
Security Treaty in achieving United States security objectives 
with Japan and in the Asia-Pacific region. 
(5) An analysis of the contributions that regional security 
discussions, consultations, or frameworks could make to the 
achievement of United States and Japanese security objectives. 
(6) A discussion of the process by which the United States 
and Japan address joint infi-astructure matters, such as land 
and training issues, throughout Japan, including Okinawa. 
(7) A description of the United States military facilities 
in Japan, including Okinawa, that have been transferred to 
Japan in the previous 10 years. 
(8) A description of the contribution that Japan makes 
to the costs incurred by the United States in stationing military 
forces in Japan. 
(9) A review of the United States military presence in 
Japan, including Okinawa, that contains the following informa-
tion: 
(A) The number and location of United States person-
nel. 
(B) The number, size, and location of major United 
States military units. 
(C) An inventory and description of the utilization of 
United States military facilities, including their military, 
economic, and environmental aspects. 
(D) An explanation of the status of discussion between 
the United States and Japanese governments on joint infra-
structure matters. 
(E) A description of United States training activities. 
108 STAT. 2908 
PUBLIC LAW 103-337—OCT. 5, 1994 
TITLE XIV—PEACE OPERATIONS AND 
HUMANITARIAN ASSISTANCE ACTIVI-
TIES 
Subtitle A—Peace Operations 
SEC. 1401. REPORTS ON REFORMING UNITED NATIONS PEACE OPER-
ATIONS. 
(a) REPORTS REQUIRED.—The Secretary of Defense shall submit 
to Congress two reports on proposals by the United States for 
improving management by the United Nations of peace operations. 
The Secretary shall submit the first report not later than December 
1, 1994, and the second not later than Jiine 1, 1995. 
(b) STATUS OF IMPLEMENTATION OF UNITED STATES PROPOS-
ALS.—Each report shall contain— 
(1) a discussion of the status of implementation of proposals 
by the United States contained in section IV (relating to 
strengthening the United Nations) of the document entitled 
"The Clinton Administration's Policy on Reforming Multilateral 
Peace Operations" that was issued by the Executive Office 
of the President in May 1994; and 
(2) an analysis of the results of such implementation. 
(c) SUBJECTS TO BE COVERED.—Each report shall cover, at 
a minimum, the following matters: 
(1) The reconfiguration and expansion of the staff for the 
United Nations Department of Peacekeeping Operations. 
(2) The reasons for lengthy, potentially disastrous delays 
after a peace operation has been authorized and steps by the 
United Nations to reduce those delays. 
(3) The establishment by the United Nations of a profes-
sional peace operations training program for commanders gmd 
other military and civilian personnel. 
(4) Assistance by the United States to facilitate improve-
ments by the United Nations in the matters described in para-
graphs (1) and (3) and the terms under which such assistance 
has been or is being provided. 
(d) PEACE OPERATION DEFINED.—In this section, the term 
"peace operation" means an operation to maintain or restore inter-
national peace and security under chapter VI or chapter VII of 
the Charter of the United Nations. 
SEC. 1402. REPORT ON MILITARY READINESS IMPLICATIONS OF 
BOSNIA PEACEKEEPING DEPLOYMENT. 
(a) REPORT.—(1) The Secretary of Defense shall submit to the 
congressional defense committees a report assessing the implica-
tions for United States military readiness of the participation of 
United States ground combat forces in peacekeeping operations 
within Bosnia-Hercegovina. 
(2) The report shall be submitted not later than 90 days after 
the date of the enactment of this Act or 30 days following the 
deployment of United States ground forces to Bosnia-Hercegovina, 
whichever occurs sooner. 
(b) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall include the following: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2909 
(1) An estimate of the total number of forces required 
to carry out such an operation, including forces required for 
a rotation base. 
(2) An estimate of the expected duration of such an oper-
ation. 
(3) An estimate of the cost of such an operation, together 
with an explanation of how the Secretary proposes to provide 
funds for such £ui operation and an assessment of how such 
proposed funding plan would affect overall military readiness. 
(4) An assessment of the effect such an operation would 
have on the ability of the United States Armed Forces to 
execute successfully the two nearly-simultaneous major regional 
conflict strategy articulated in the Bottom-Up Review. 
(5) An assessment of how readily forces participating in 
such an operation could be redeployed to a major regional 
conflict, including an analysis of the availability of strategic 
lift, the likely condition of equipment, and the extent of retrain-
ing necessary to facilitate such a redeployment. 
(6) An assessment of the effect such an operation would 
have on the general combat readiness and deployability of 
combat units designated to be part of the contingency force, 
including the extent to which contingency force combat units 
would support the initial deplo3nnent and subsequent rotations. 
(7) An assessment of the effect such an operation would 
have on the general combat readiness and deployability of 
combat units not designated to be part of the contingency 
force, including the extent to which non-contingency force com-
bat units would support the initial deployment and subsequent 
rotations. 
(8) For the initial deployment and subsequent rotations, 
an assessment of the number and type of combat support 
and combat service support units required from active forces, 
including how many of such units are designated to support 
the deployment of the contingency force. 
(9) An assessment of the degree to which such an operation 
would require the use of reserve component units and personnel 
and the use and timing of involuntary Selected Reserve call-
up authority as provided by section 673b of title 10, United 
States Code. 
(10) An assessment of the anticipated cost of equipment 
refurbishment resulting from such an operation. 
(11) An assessment of how the increased operational tempo 
associated with such an operation would affect the mission 
capable readiness rates and overall health of both strategic 
and theater airlift assets. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "contingency force" includes— 
(A) the set of four or five Army divisions that is des-
ignated as the Army contingency force by the Secretary 
of the Army, as well as Army active duty and reserve 
component combat, combat support, and combat service 
support units designated to respond to a regional conflict 
within the first 75 days of such conflict; and 
(B) Air Force, Navy, and Marine Corps active duty 
and reserve component combat, combat support, and com-
bat service support units designated to respond to a 
regional conflict within the first 75 days of such conflict. 
108 STAT. 2910 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) The term "Bottom-Up.Review" means the October 1993 
Department of Defense report entitled "Report on the Bottom-
Up Review". 
(d) CLASSIFICATION OF REPORT.—The report required by sub-
section (a) shall be submitted in unclassified form and, if necessary, 
in classified form. 
SEC. 1403. REPORT ON INTELLIGENCE LESSONS LEARNED FROM 
UNITED STATES ACTIVITIES IN SOMALIA. 
(a) REPORT.—The Secretary of Defense shall submit to Congress 
a report on the intelligence lessons learned from the United States 
participation in United Nations activities in Somalia. 
(b) MATTERS TO BE INCLUDED.—The report shall— 
(1) specifically describe the availability of intelligence on 
forces of other nations £ind of indigenous forces operating in 
Somalia before, during, and after the insertion of United States 
forces; and 
(2) set forth a complete review of any intelligence failures, 
any equipment failures, and any equipment unavailability in 
the theater. 
(c) SUBMISSION OF REPORT.—The report shall be submitted 
not later than 180 days after the date of the enactment of this 
Act. 
SEC. 1404. BOSNIA. AND HERCEGOVINA. 
(a) PURPOSE.—It is the purpose of this section— 
(1) to express the sense of Congress concerning the inter-
national efforts to end the conflict in Bosnia and Hercegovina; 
and 
(2) to establish a process to end the arms embargo on 
the Government of Bosnia and Hercegovina. 
(b) STATEMENT OF SUPPORT.—The Congress supports the efforts 
of the Contact Group to bring about a peaceful settlement of the 
conflict in Bosnia and Hercegovina based upon the Contact Group 
proposal. 
(c) SENSE OF CONGRESS.—It is the sense of Congress that: 
(1) The United States should work with the member nations 
of the North Atlantic Treaty Organization and with other 
permanent members of the United Nations Security Council 
to bring about a peaceful settlement of the conflict in Bosnia 
and Hercegovina which maintains the territorial integrity of 
Bosnia and Hercegovina. 
(2) A peaceful settlement of the conflict must preserve 
an economically, politically, and militarily viable Bosnian state 
capable of exercising its rights under the Charter of the United 
Nations as part of a peaceful settlement, which rights include 
the inherent right of a sovereign state to self defense. 
(3) The acceptance of the Contact Group proposal by the 
Government of Bosnia and Hercegovina should lead to the 
lifting of the Bosnia arms embargo. 
(4) In providing weapons to the Bosnian Government or 
taking other actions, care should be taken to provide for the 
safety of the United Nations Protection Force (UNPROFOR) 
and the civilian personnel working for the United Nations 
or nongovernmental volunteer organizations. 
(5) The United States should immediately seek to organize 
an international effort to provide assistance to the states 
bordering Serbia and Montenegro to bring about more effective 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2911 
enforcement by those states of the international economic sanc-
tions on the Government of Serbia and Montenegro. 
(d) GENERAL UNITED STATES POLICY.—The United States 
should exercise leadership within the international community to 
cause the Bosnian Serb faction to accept the Contact Group pro-
posal. Such action should be taken on separate but complementary 
international and unilateral tracks, as set forth in subsections (e), 
(f), and (g). 
(e) INTERNATIONAL POLICY.—If the Bosnian Serbs do not accept 
the Contact Group proposal by the date that is the later of October 
15, 1994, or the end of the 10-day period beginning on the date 
of the enactment of this Act, the President (or his representative) 
should, not later than 14 days thereafter, formally introduce and 
support in the United Nations Security Council a resolution to 
terminate the Bosnia arms embargo. The resolution should provide 
for the termination of the anas embargo no later than December 
1, 1994 (and may allow for the termination to be accomplished 
in stages ending no later than that date). 
(f) UNILATERAL UNITED STATES POLICY.—(1) If by the earUer 
of November 15, 1994, or the end of the 15-day period beginning 
on the date on which a resolution described in subsection (e) (or 
a similar resolution) is formally introduced, the United Nations 
Security Council has not agreed to such a resolution and the 
Bosnian Serbs have not accepted the Contact Group proposal— 
(A) the funding limitation specified in paragraph (2) shall 
be in effect; 
(B) the President shall submit a plan to, and shsdl consult President, 
with, Congress on the manner in which United States Armed 
Forces and the militeiry forces of friendly states would provide 
trsdning to the armed forces of the Government of Bosnia 
and Hercegovina outside of the territory of Bosnia and 
Hercegovina; and 
(C) the President shall submit a plan to, and shaU consult 
with. Congress regarding the unilateral termination by the 
United States of compliance with the Bosnia arms embargo 
£uid the implications thereof. 
(2) If the funding limitation specified in this paragraph is 
in effect pursuant to paragraph (1)(A), then no funds appropriated 
by any provision of law may be used for the purpose of participation 
in, support for, or assistance to the enforcement of the Bosnia 
arms embargo by any Department, agency or other entity of the 
United States (or by any officer or employee of the United States 
or member of the Armed Forces of the United States) other than 
as required of all United Nations member states under the United 
Nations Security Council resolution referred to in subsection (h)(3) 
and the Charter of the LTnited Nations. 
(3)(A) The President may waive the limitation in paragraph 
President. 
(2) in the case of United States military personnel serving in NATO 
headquarters positions. 
(B) Nothing in paragraph (2) is intended to impede enforcement 
of s£uictions against Serbia. 
(g) INTERIM POLICY.—If the Bosnian Serb faction attacks any 
area within those areas that have been designated by the United 
Nations as "safe areas", the President (or his representative) should 
promptly formally introduce and support in the United Nations 
Security Council a resolution that authorizes a selective lifting 
of the Bosnia arms embargo in order to allow the provision of 
108 STAT. 2912 
PUBLIC LAW 103-337—OCT. 5, 1994 
defensive weapons (such as einti-tank weapons, counter-battery 
radars, £ind mortars) to enable the forces of the Government of 
Bosnia and Hercegovina to defend the safe areas, 
(h) DEFINITIONS.—For purposes of this section: 
(1) The term "Contact Group" means the group composed 
of representatives of the United States, Russia, France, Britain, 
Eind Germany seeking to bring about a peaceful settlement 
of the conflict in Bosnia and Hercegovina. 
(2) The term "Contact Group proposal" mesins the peace 
proposal of the Contact Group that has been agreed to by 
the Government of Bosnia and Hercegovina and rejected by 
the Bosnian Serb faction. 
(3) The term "Bosnia arms embargo" means application 
to the Government of Bosnia and Hercegovina of the arms 
embargo imposed by United Nations Security Coimcil resolution 
713, of September 25,1991. 
Subtitle B—^Assistance Activities 
President. 
President. 
SEC. 1411. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PRO-
GRAMS. 
(a) OHDACA PROGRAMS.—For purposes of section 301 and other 
provisions of this Act, programs of the Department of Defense 
designated as Overseas Humanitarian, Disaster, and Civic Aid 
(OHDACA) programs are the programs provided by— 
(1) sections 401, 402, 2547, and 2551 of title 10, United 
States Code; 
(2) section 404 of title 10, United States Code, as added 
by section 1412; and 
(3) section 1413 of this Act. 
(b) LIMITATION.—Not more than one-half of the amount author-
ized to be appropriated in section 301 for those programs may 
be obligated until the regulations required to be prescribed by 
subsection (a) of section 1504 of the National Defense Authorization 
Act for Fiscal Year 1994 (PubUc Law 103-160; 107 Stat. 1839) 
have been prescribed. 
SEC. 1412. FOREIGN DISASTER ASSISTANCE. 
(a) AUTHORITY.—Subchapter I of chapter 20 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
*
*
§ 404. Foreign disaster assistance 
"(a) IN GENERAL.—^The President may direct the Secretary of 
Defense to provide disaster assistance outside the United States 
to respond to manmade or natural disasters when necessary to 
prevent loss of lives. 
"(b) FORMS OF ASSISTANCE.—^Assistance provided under this 
section may include transportation, supplies, services, and equip-
ment. 
"(c) NOTIFICATION REQUIRED.—Not later than 48 hours after 
the commencement of disaster assistance activities to provide assist-
ance under this section, the President shall transmit to Congress 
a report containing notification of the assistance provided, and 
proposed to be provided, under this section and a description of 
so much of the following as is then available: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2913 
"(1) The manmade or natural disaster for which disaster 
assistance is necessary. 
"(2) The threat to human hves presented by the disaster. 
"(3) The United States miUtary personnel and material 
resources that are involved or expected to be involved. 
"(4) The disaster assistance that is being provided or is 
expected to be provided by other nations or public or private 
relief organizations. 
"(5) The Einticipated duration of the disaster assistance 
activities. 
"(d) ORGANIZING POLICIES AND PROGRAMS.—Amounts appro-
priated to the Department of Defense for any fiscal year for Over-
seas Humanitarian, Disaster, and Civic Aid (OHDACA) programs 
of the Department shall be available for orgemizing general policies 
and programs for disaster relief programs for disasters occurring 
outside the United States.". 
(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: 
"404. Foreign disaster assistance.". 
SEC. 1413. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING 10 USC 401 note. 
LANDMINES. 
(a) PROGRAM AUTHORIZED.—The Secretary of Defense shall 
carry out a program for humanitarian purposes to provide assist-
ance to other nations in the detection and clearance of landmines. 
Such assistance shall be provided through instruction, education, 
training, and advising of personnel of those nations in the various 
procedures that have been determined effective for detecting and 
clearing landmines. 
(b) FORMS OF ASSISTANCE.—The Secretary may provide assist-
ance under subsection (a) by— 
(1) providing Department of Defense personnel to conduct 
the instruction, education, or training or to furnish advice; 
or 
(2) providing financial assistance or in-kind assistance in 
support of such instruction, education, or training. 
(c) LIMITATION ON UNITED STATES MILITARY PERSONNEL.—The 
Secretary of Defense shall ensure that no member of the Armed 
Forces of the United States— 
(1) while providing assistance under subsection (a), engages 
in the physical detection, lifting, or destroying of landmines 
(unless the member does so for the concurrent purpose of 
supporting a United States military operation); or 
(2) provides such assistance as part of a military operation 
that does not involve the Armed Forces of the United States. 
(d) USE OF FUNDS.—Of the amount authorized to be appro-
priated by section 301 for Overseas Humanitarian, Disaster, and 
Civic Aid (OHDACA) programs of the Department of Defense, not 
more than $20,000,000 shall be available for the program imder 
subsection (a). Such amount may be used— 
(1) for activities to support the clearing of landmines for 
humanitarian purposes, including activities relating to the fiir-
nishing of education, training, and technical assistance; 
(2) for the provision of equipment and technology by trsms-
fer or lease to a foreign government that is participating in 
a landmine clearing program under this section; and 
108 STAT. 2914 
PUBLIC LAW 103-337—OCT. 5, 1994 
(3) for contributions to nongovernmental organizations that 
have experience in the clearing of landmines to support activi-
ties described in subsection (a). 
(e) NOTICE TO CONGRESS.—^The Secretary of Defense shall pro-
vide notice to Congress of any activity carried out under this section. 
TITLE XV—ARMS CONTROL MATTERS 
SEC. 
1501. EXTENSION AND REVISION OF NONPROLDFERATION 
AUTHORITIES. 
(a) EXTENSION OF NONPROLIFERATION AUTHORITIES.—Section 
1505 of the National Defense Authorization Act for Fiscal Year 
1993 (22 U.S.C. 5859a) is amended— 
(1) in subsection (a), by striking out "during fiscal yesir 
1994" and inserting in lieu thereof "during fiscal years 1994 
and 1995"; and 
(2) in subsection (e)(1), by striking out "fiscal year 1994" 
and inserting in lieu thereof "fiscal years 1994 and 1995". 
(b) ACTIVITIES FOR WHICH ASSISTANCE MAY B E PROVIDED.— 
Subsection (b) of such section is amended— 
(1) in paragraph (1)— 
(A) by striking out "the International Atomic Energy 
Agency (IAEA)" and inserting in lieu thereof "international 
organizations"; 
(B) by striking out "nuclear"; 
(C) by striking out "aggressive" and inserting in lieu 
thereof "effective"; and 
(D) by striking out "the Treaty on" and all that follows 
in such paragraph and inserting in lieu thereof "inter-
national agreements on nonproliferation."; and 
(2) in paragraph (4), by striking out "nuclear proliferation 
through joint technical projects and improved intelligence shar-
ing" and inserting in lieu thereof "nuclear, biological, chemical, 
and missile proliferation 
through technical projects and 
improved information sharing". 
(c) SOURCES OF ASSISTANCE.—Subsection (d) of such section 
is amended— 
(1) in paragraph (1)— 
(A) by inserting "for fiscal year 1994" after "under 
this section"; and 
(B) by striking out "fiscal year 1994 or" and inserting 
in lieu thereof "fiscal year 1994. Funds provided as assist-
ance under this section for fiscal year 1995 shall be derived 
from amounts made available to the Department of Defense 
for fiscal year 1995. Funds provided as assistance under 
this section for a fiscal year referred to in this paragraph 
may also be derived"; and 
(2) in paragraph (3), by inserting after "$25,000,000" the 
following: "for fiscal year 1994 or $20,000,000 for fiscal year 
1995". 
SEC. 1502. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIF-
ERATION PROGRAMS OF THE UNITED STATES. 
(a) NAME AND COMPOSITION.—Subsection (a) of section 1605 
of the National Defense Authorization Act for Fiscal Year 1994 
22 use 2751 
(Public Law 103-160; 107 Stat. 1845) is amended— 
note. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2915 
(1) in paragraph (1)— 
(A) by striking out "Non-Proliferation Program Review 
Committee" in the matter preceding subparagraph (A) and 
inserting in Heu thereof "CounterproHferation Program 
Review Committee"; 
(B) by striking out subparagraphs (B) and (E); and 
(C) by redesignating subparagraphs (C), (D), and (F) 
as subparagraphs (B), (C), and (D), respectively; 
(2) in paragraph (2), by adding at the end the following: 
"The Secretary of Energy shall serve as the Vice Chairman 
of the committee."; 
(3) in paragraph (4), by adding at the end the following: 
"The Secretary of Energy may delegate to the Under Secretary 
of Energy responsible for national security programs of the 
Department of Energy the performance of the duties of the 
Vice Chairman of the committee."; and 
(4) by striking out paragraph (5). 
(b) PURPOSES OF COMMITTEE.—Subsection (b) of such section 
is amended— 
(1) in paragraph (1)(A), by striking out "nonproliferation 
policy" and inserting in lieu thereof "counterproliferation pol-
icy'; and 
(2) by adding at the end the following new paragraphs: 
"(3) To establish priorities for programs and funding. 
"(4) To encourage and facilitate interagency and inter-
departmental funding of programs in order to ensure necessary 
levels of funding to develop, operate, and field highly-capable 
systems. 
"(5) To ensure that Department of Energy programs are 
integrated with the operational needs of other departments 
and agencies of the Government. 
"(6) To ensure that Department of Energy national security 
programs include technology demonstrations and prototype 
development of equipment.". 
(c) DUTIES.—Subsection (c) of such section is amended— 
(1) in paragraph (1)— 
(A) by striking out "(including counterproliferation 
capabilities) and technologies for support of United States 
nonproliferation policy" in the matter preceding subpara-
graph (A) and inserting in lieu thereof "and technologies 
for support of United States nonproliferation policy and 
counterproliferation policy'; 
(B) by inserting "and" at the end of subparagraph 
(D); and 
(C) by striking out subparagraphs (F) and (G); 
(2) by striking out paragraphs (2), (3), and (7); 
(3) in paragraph (4), by striking out "to support fully the 
nonproliferation policy of the United States"; 
(4) by redesignating paragraphs (4), (5), and (6) as para-
graphs (2), (3), and (4), respectively; and 
(5) by adding at the end the following new paragraph 
(5): 
"(5) assess each fiscal year the effectiveness of the com-
mittee actions during the preceding fiscal year, including, 
particularly, the status of recommendations made during such 
preceding fiscal year that were reflected in the budget submit-
ted to Congress pursuant to section 1105(a) of title 31, United 
108 STAT. 2916 
PUBLIC LAW 103-337—OCT. 5, 1994 
States Code, for the fiscal year following the fiscal year in 
which the assessment is made.". 
(d) COMMITTEE RECOMMENDATIONS.—Subsection (e) of such sec-
tion is amended to read as follows: 
"(e) RECOMMENDATIONS.—The committee shall submit to the 
President and the heads of all appropriate departments and agen-
cies of the Government such programmatic recommendations 
regarding existing, planned, or new programs as the committee 
considers appropriate to encourage funding for capabilities and 
technologies at the level necessary to support United States 
counterproliferation policy.". 
(e) EXTENSION OF COMMITTEE.—Subsection (f) of such section 
is amended by striking out "six months after the date on which 
the report of the Secretary of Defense under section 1606 is submit-
ted to Congress" and inserting in lieu thereof "at the end of Septem-
ber 30, 1996". 
(f) HEADING AMENDMENT.—The heading of such section is 
amended by striking out "PROLIFERATION" and inserting in lieu 
thereof "COUNTERPROLIFERATION". 
22 use 2751 
SEC. 1503. REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND 
note. 
PROGRAMS. 
(a) REPORT REQUIRED.—(1) Not later than May 1, 1995, and 
May 1, 1996, the Secretary of Defense shall submit to Congress 
a report of the findings of the Counterproliferation Program Review 
Committee established by subsection (a) of the Review Committee 
charter, 
(2) For purposes of this section, the term "Review Committee 
charter" means section 1605 of the National Defense Authorization 
Act for Fiscal Year 1994 (PubHc Law 103-160), as amended by 
section 1502. 
(b) CONTENT OF REPORT.—Each report under subsection (a) 
shall include the following: 
(1) A complete list, by specific program element, of the 
existing, planned, or newly proposed capabilities and tech-
nologies reviewed by the Review Committee pursuant to sub-
section (c) of the Review Committee charter. 
(2) A complete description of the requirements and prior-
ities established by the Review Committee. 
(3) A comprehensive discussion of the near-term, mid-term, 
and long-term programmatic options formulated by the Review 
Committee for meeting requirements prescribed by the Review 
Committee and for eliminating deficiencies identified by the 
Review Committee, including the annual funding requirements 
and completion dates established for each such option. 
(4) An explanation of the recommendations made pursuant 
to subsection (c) of the Review Committee charter, together 
with a full discussion of the actions taken to implement such 
recommendations or otherwise taken on the recommendations. 
(5) A discussion and assessment of the status of each 
Review Committee recommendation during the fiscal year 
preceding the fiscal year in which the report is submitted, 
including, particularly, the status of recommendations made 
during such preceding fiscal year that were reflected in the 
budget submitted to Congress pursuant to section 1105(a) of 
title 31, United States Code, in the fiscal year of the report. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2917 
(6) Each specific Department of Energy program that the 
Secretary of Energy plans to develop to initial operating capabil-
ity and each such program that the Secretary does not plan 
to develop to initial operating capability. 
(7) For each technology program scheduled to reach initial 
operational capability, a recommendation from the Chairman 
of the Joint Chiefs of Staff that represents the views of the 
commanders of the unified and specified commands regarding 
the utility and requirement of the program. 
(c) FORMS OF REPORT.—Each such report shall be submitted 
Classified 
in both unclassified and classified forms, including an annex to ^formation, 
the classified report for special compartmented information pro-
grams, special access programs, and special activities programs. 
SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES. 
(a) COUNTERPROLIFERATION ACTIVITIES.—Of the amount author-
ized to be appropriated in section 201(4), $16,500,000 shall be 
available for counterproliferation activities. 
(b) LIMITATION.—(1) Of the funds made available pursuant 
to subsection (a), $4,000,000 may not be obligated until the Sec-
retary of Defense submits to Congress a report on a proposed 
classified counterproliferation database system. The report shall 
provide— 
(A) an assessment of current major databases and software 
capabilities of entities in the intelligence community and of 
national weapons laboratories and laboratories of the Armed 
Forces against capabilities defined in the proposed project; and 
(B) an assessment of the technical feasibility of the pro-
posed system, program plan, strategy, milestones and future 
year funding. 
(2) No funds may be obligated for the database system described 
in the report until the Secretary of Defense and the Director of 
Central Intelligence enter into a written agreement concerning the 
program to develop that database system that provides— 
(A) how fimding for that program is to be divided between 
(i) the account of the National Foreign Intelligence Program, 
and (ii) Tactical Intelligence and Related Program accounts; 
and 
(B) a plan for the sources of funds for, and the programmed 
amounts for, that program for fiscal years after fiscal year 
1995. 
(c) EDUCATION IN SUPPORT OF COUNTERPROLIFERATION ACTIVI-
TIES.—Of the amount authorized to be appropriated in section 
301(5), not more than $2,000,000 shall be available for providing 
education to members of the Armed Forces in matters relating 
to counterproliferation. 
(d) ADDITIONAL AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) In addition to the transfer authority provided in section 1001, 
upon determination by 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 1995 to counterproliferation 
programs, projects, and activities identified as areas for progress 
by the Counterproliferation Program Review Committee established 
by section 1605 of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160), as amended by section 
1502. Amounts of authorizations so transferred shall be merged 
108 STAT. 2918 
PUBLIC LAW 103-337—OCT. 5, 1994 
with and be available for the same purposes as the authorization 
to which transferred. 
(2) The total amount of authorizations that the Secretary may 
transfer under the authority of this subsection may not exceed 
$100,000,000. 
(3) The authority provided by this subsection to transfer 
authorizations— 
(A) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(B) may not be used to provide authority for an item 
that has been denied authorization by Congress. 
(4) A transfer made from one account to another under the 
authority of this subsection shall be deemed to increase the amount 
authorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
(5) The Secretary of Defense shall promptly notify Congress 
of transfers made under the authority of this subsection. 
(e) USE OF FUNDS FOR TECHNOLOGY DEVELOPMENT.—(1) 
Of 
the funds authorized to be appropriated by section 201(4) for 
counterproliferation technology projects— 
(A) up to $5,000,000 shall be available for a program to 
detect, locate, and disarm weapons of mass destruction that 
are hidden by a hostile state or terrorist or terrorist group 
in a confined area outside the United States; and 
(B) up to $10,000,000 shall be available for the training 
program referred to in paragraph (3). 
(2) The Secretary of Defense shall make funds available for 
the program referred to in paragraph (1)(A) in a manner that, 
to the maximum extent practicable, ensures the effective use of 
existing resources of the national weapons laboratories. 
(3)(A) The training program referred to in paragraph (1)(B) 
is a training program carried out jointly by the Secretary of Defense 
and the Director of the Federal Bureau of Investigation in order 
to expand and improve United States efforts to deter the possible 
proliferation and acquisition weapons of mass destruction by orga-
nized crime organizations in Eastern Europe, the Baltic countries, 
and states of the former Soviet Union. 
(B) Of the funds available under paragraph (1)(B) for the pro-
gram referred to in subparagraph (A), $9,000,000 may not be obli-
gated or expended for that program imtil the Secretary of Defense 
and the Director of the Federal Bureau of Investigation jointly 
submit to the congressional committees specified in subparagraph 
(C) a report that— 
(i) identifies the nature and extent of the threat posed 
to the United States by the possible proliferation and acquisi-
tion of weapons of mass destruction by organized crime 
organizations in Eastern Europe, the Baltic countries, and 
states of the former Soviet Union; 
(ii) assesses the actions that the United States should 
undertake in order to assist law enforcement agencies of East-
ern Europe, the Baltic countries, and states of the former 
Soviet Union in the efforts of such agencies to prevent and 
deter the theft of nuclear weapons material; and 
(iii) contains an estimate o
f
— 
(I) the cost of undertaking such actions, including the 
costs of personnel, support equipment, and training; 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2919 
(II) the time required to commence the carrying out 
of the program referred to in paragraph (1)(B); and 
(III) the amount of funds, if any, that will be required 
in fiscal years after fiscal year 1995 in order to carry 
out the program. 
(C) The congressional committees referred to in this subpara-
graph are the following: 
(i) The Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives. 
(ii) The Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1505. STUDIES RELATING TO UNITED STATES COUNTERPROUF-
ERATION POLICY. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1603 
of the National Defense Authorization Act for Fiscal Year 1994 
(22 U.S.C. 5859a; 107 Stat. 1843) is amended by striking out 22USC2761 
"During fiscal year 1994, the Secretary" and inserting in lieu thereof 
^°^' 
'The Secretary". 
(b) REVISION OF REPORTING REQUIREMENT.—Such section is 
further amended— 
(1) by striking out subsections (d) and (e); 
(2) by redesignating subsection (f) as subsection (d); and 
(3) in subsection (d) (as so redesignated)— 
(A) by striking "and not later than October 30 of each 
year"; and 
(B) by striking out "six-month" and inserting in Ueu 
thereof "twelve-month". 
(c) FISCAL YEAR 1995 AMOUNT.—Of the fimds authorized to 
be appropriated by section 201(4) for technical studies, support, 
and analysis (PE 605104D), up to $2,000,000 shall be available 
for studies relating to United States counterproliferation policy. 
SEC. 1506. RESTRICTION RELATING TO SUBMISSION OF REPORT ON 
PROLIFERATION OF FOREIGN MILITARY SATELLITES. 
None of the funds available to the Department of Defense 
may be expended for travel by the Assistant Secretary of Defense 
for International Security Policy until the Secretary of Defense 
submits to Congress the report required by section 1363 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 106 Stat. 2560). 
SEC. 1507. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT 
OF PREVIOUSLY REQUIRED REPORT. 
(a) LIMITATION.—Of the total amount specified in section 1505 
for counterproliferation activities for fiscal year 1995, $1,000,000 
shall be withheld fi*om obligation until the report described in 
subsection (b) has been submitted to Congress. 
(b) REPORT.—^The report referred to in subsection (a) is the 
report required to be submitted to Congress not later than May 
30, 1994, pursuant to section 1422 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1829). 
108 STAT. 2920 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 1508. SENSE OF CONGRESS CONCERNING INDEFINrrE EXTENSION 
OF NUCLEAR NON-PROLIFERATION TREATY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Treaty on the Non-Proliferation of Nuclear Weap-
ons, signed at Washington, D.C., London, and Moscow on July 
1, 1968, is the centerpiece of global efforts to prevent the 
spread of nuclear weapons. 
(2) The United States has demonstrated longstanding sup-
port for that treaty and related efforts to prevent the spread 
of nuclear weapons. 
(3) President Clinton has declared that preventing the 
spread of nuclear weapons is one of the highest priorities of 
his Administration, 
(4) In April 1995, the parties to the Treaty on the Non-
Proliferation of Nuclear Weapons will convene a conference 
in New York City to discuss the indefinite extension of the 
treaty. 
(5) The policy of the President is to seek at that conference 
i 
the indefinite and imconditional extension of that treaty. 
> 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President has the full support of Congress in seeking 
the indefinite and unconditional extension of the Treaty on 
the Non-Prohferation of Nucle£ir Weapons; 
(2) the President, when formulating and implementing 
other elements of nonproliferation policy of the United States 
(including United States counterproliferation doctrine, the 
Nuclear Posture Review, and nuclear testing policy), should 
take into account the objectives of the United States at the 
1995 conference of the parties to the Treaty on the Non-Pro-
liferation of Nuclear Weapons; and 
(3) the President and the President's senior national secu-
rity advisers should dedicate themselves to ensuring the indefi-
nite and unconditional extension of the Treaty on the Non-
Proliferation of Nuclear Weapons at the 1995 conference for 
that treaty. 
SEC. 1509. NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS 
TESTING. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On January 25, 1994, the United States and 37 other 
nations began negotiations for a comprehensive treaty to ban 
permanently all nuclear weapons testing. 
(2) On March 14, 1994, the President extended the current 
United States moratorium on nuclear weapons testing through 
September 1995. 
(3) The United States is seeking to extend indefinitely 
the Treaty on the Non-Proliferation of Nuclear Weapons at 
the conference of the parties to the Treaty to be held in New 
York City in April 1995. 
(4) Conclusion of a comprehensive nuclear test ban treaty 
^ 
could contribute toward successful negotiations to extend the 
Treaty on the Non-Proliferation of Nuclear Weapons. 
(5) Agreements to eliminate nuclear weapons testing sind 
to control the spread of nuclear weapons could contribute to 
the national security of the United States, its allies, and other 
nations around the world. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2921 
(b) STATEMENT OF CONGRESSIONAL POLICY.—In view of the 
findings set forth in subsection (a), Congress— 
(1) applauds the President for maintaining the United 
States moratorium on nuclear weapons testing and for taking 
a leadership role toward negotiation of a comprehensive nuclear 
test ban treaty; 
(2) encourages all nuclear powers to refrain firom conducting 
nuclear explosions, before the conclusion of a comprehensive 
nuclear test ban treaty; and 
(3) urges the Conference on Disarmament to make all 
possible progress toward a comprehensive nuclear test ban 
treaty by the end of 1994. 
TITLE XVI—RESERVE OFFICER PERSON- PSSi^ef"'"' 
NEL MANAGEMENT ACT (ROPMA) 
Management 
Act. 
SEC. 1601. SHORT TITLE. 
This title may be cited as the "Reserve Officer 
Personnel 
Management Act". 
SEC. 1602. REFERENCES TO TITLE 10, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
10, United States Code. 
Subtitle A—Reserve Officer Personnel 
Management 
PART I—REVISED AND STANDARDIZED 
RESERVE OFFICER PERSONNEL SYSTEM 
SEC. 1611. PROMOTION AND RETENTION OF RESERVE OFFICERS. 
Title 10, United States Code, is amended by adding at the 
end the following new subtitle: 
"Subtitle E—Reserve Components 
"PART I—ORGANIZATION AND ADMINISTRATION 
"Chap. 
Sec. 
"1001. Definitions 
10001 
"1003. Reserve Coinponents Generally 
10101 
"1005. Elements of Reserve Coinponents 
10141 
"1007. Administration of Reserve Components 
10201 
"1009. Reserve Forces Policy Boards and Committees 
10301 
"1011. National Guard Bureau 
10501 
"1013. Budget Information and Annual Reports to Congress 
10541 
"PART II—PERSONNEL GENERALLY 
"1201. Authorized Strengths and Distribution in Grade 
12001 
"1203. Enlisted Members 
12101 
"1205. Appointment of Reserve Officers 
12201 
"1207. Warrant Officers 
12241 
"1209. Active Dutv 
12301 
"1211. National Gfuard Members in Federal Service 
12401 
"1213. Special Appointments, Assignments, Details, and Duties 
12501 
10 u s e 10001 
note. 
108 STAT. 2922 
PUBLIC LAW 103-337—OCT. 5, 1994 
"1215. Miscellaneous Prohibitions and Penalties 
[No present sections] 
"1217. Miscellaneous Rights and Benefits 
12601 
"1219. Standards and Procedures for Retention and Promotion 
12641 
"1221. Separation 
.
"
. 
12681 
"1223. Retired Pay for Non-Regular Service 
12731 
"1225. Retired Grade 
12771 
"PART III—PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE 
ACTIVE-STATUS LIST 
"1401. Applicability and Reserve Active-Status Lists 
14001 
"1403. Selection Boards 
14101 
"1405. Promotions 
14301 
"1407. Failure of Selection for Promotion and Involuntary Separation 
14501 
"1409. Continuation of Officers on the Reserve-Active Status List and Selec-
tive Early Removal 
14701 
"1411. Additional Provisions Relating to Involuntary Separation 
14901 
"PART IV—TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL 
ASSISTANCE PROGRAMS 
"1601. Training Generally 
[No present 
sections] 
"1606. Educational Assistance for Members of the Selected Reserve 
16131 
"1608. Health Professions Stipend Program 
16201 
"1609. Education Loan Repayments 
16301 
"PART V—SERVICE, SUPPLY, AND PROCUREMENT 
"1801. Issue of Serviceable Material to Reserve Components 
[No present 
sections] 
"1803. Facilities for Reserve Components 
18231 
"1805. Miscellaneous Provisions 
18501 
**PART III—PROMOTION AND RETENTION OF 
OFFICERS ON THE RESERVE ACTIVE-STATUS 
LIST 
"Chap. 
Sec. 
"1401. Applicability and Reserve Active-Status Lists 
14001 
"1403. Selection Boards 
14101 
"1405. Promotions 
14301 
"1407. Failure of Selection for Promotion and Involuntary Separation 
14501 
"1409. Continuation of Officers on the Reserve Active-Status List and Selec-
tive Early Removal 
14701 
"1411. Additional Provisions Relating to Involuntary Separation 
14901 
"CHAPTER 1401—APPLICABILITY AND 
RESERVE ACTIVE-STATUS LISTS 
"Sec. 
"14001. Applicability of this part. 
"14002. Reserve active-status lists: requirement for each armed force. 
"14003. Reserve active-status lists: position of officers on the list. 
"14004. Reserve active-status lists: eligibility for Reserve promotion. 
"14005. Competitive categories. 
"14006. Determination ofyears in grade. 
"§ 14001. Applicability of this part 
"This chapter and chapters 1403 through 1411 of this title 
apply, as appropriate, to all reserve officers of the Army, Navy, 
Air Force, and Marine Corps except warrant officers. 
'*§ 14002. Reserve active-status lists: requirement for each 
armed force 
"(a) The Secretary of each military department shall maintain 
a single list, to be known as the reserve active-status list, for 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2923 
each armed force under the Secretary's jurisdiction. That list shall 
include the names of all reserve officers of that eirmed force who 
are in an active status other than those on an active-duty list 
described in section 620 of this title or warrant officers (including 
commissioned warrant officers). 
"(b) The reserve active-status list for the Army shall include 
officers in the Army Reserve and the Army National Guard of 
the United States. The reserve active-status Hst for the Air Force 
shall include officers in the Air Force Reserve and the Air National 
Guard of the United States. The Secretary of the Navy shall main-
tedn separate lists for the Naval Reserve and the Marine Corps 
Reserve. 
'*§ 14003. Reserve active-status: position of officers on the 
list 
"(a) POSITION ON LIST.—Officers shall be carried on the reserve 
active-status list of the armed force of which they eire members 
in the order of seniority of the grade in which they are serving 
in an active status. Officers serving in the same grade shall be 
carried in the order of their rank in that grade. 
"(b) 
EFFECT ON POSITION HELD BY REASON OF TEMPORARY 
APPOINTMENT OR ASSIGNMENT.—An officer whose position on the 
reserve active-status list results from service imder a temporary 
appointment or in a grade held by reason of assignment to a 
position has, when that appointment or assignment ends, the grade 
and position on that list that the officer would have held if the 
officer had not received that appointment or assignment. 
''§ 14004. Reserve active-status lists: eligibility for Reserve 
promotion 
"Except as otherwise provided by law, an officer must be on 
a reserve active-status list to be eligible under chapter 1405 of 
this title for consideration for selection for promotion or for pro-
motion. 
"§ 14005. Competitive categories 
"Each officer whose name appears on a reserve active-status 
list shall be placed in a competitive category. The competitive 
categories for each armed force shall be specified by the Secretary 
of the military department concerned imder regulations prescribed 
by the Secretary of Defense. Officers in the same competitive cat-
egory shall compete simong themselves for promotion. 
*'§ 14006. Determination of years in grade 
"For the purpose of chapters 1403 through 1411 of this title, 
an officer's years of service in a grade are computed from the 
officer's date of rank in grade as determined imder section 741(d) 
of this title. 
"CHAPTER 1403—SELECTION BOARDS 
"Sec. 
"14101. Convening of selection boards. 
"14102. Selection boards: appointment and composition. 
"14103. Oath of members. 
"14104. Confidentiality of board proceedings. 
"14105. Notice of convening of selection board. 
"14106. Communication with board by officers under consideration. 
"14107. Information furnished by the Secretary concerned to promotion boards. 
79-194 O—95—10 : QL 3 Part 4 
108 STAT. 2924 
PUBLIC LAW 103-337—OCT. 5, 1994 
"14108. Recommendations by promotion boards. 
"14109. Reports of promotion boards: in general. 
"14110. Reports of promotion boards', review by Secretary. 
"14111. Reports of selection boards: transmittal to President. 
"14112. Dissemination of names of officers selected. 
^
^
§ 14101. Convening of selection boards 
"(a) PROMOTION BOARDS.—(1) Whenever the needs of the Army, 
Navy, Air Force, or Marine Corps require, the Secretary concerned 
shall convene a selection board to recommend for promotion to 
the next higher grade, xmder chapter 1405 of this title, officers 
on the reserve active-status list of that armed force in a permanent 
grade from first lieutenant through brigadier general or, in the 
case of the Naval Reserve, lieutenant (juniior grade) through rear 
admiral (lower half). A selection board convened under this sub-
section shall be known as a 'promotion board'. 
"(2) A promotion board convened to recommend reserve officers 
of the Army or reserve officers of the Air Force for promotion 
(A) to fill a position vacancy under section 14315 of this title, 
or (B) to the grade of brigadier general or major general, shall 
(except in the case of a board convened to consider officers as 
provided in section 14301(e) of this title) be known as a Vacancy 
promotion board'. Any other promotion board convened under this 
subsection shall be known as a 'mandatory promotion board'. 
"(b) CONTINUATION BOARDS.—Whenever the needs of the Army, 
Navy, Air Force, or Marine Corps require, the Secretary concerned 
may convene a selection board to recommend officers of that sirmed 
force— 
"(1) for continuation on the reserve active-status list imder 
section 14701 of this title; 
"(2) for selective early removal from the reserve active-
status list under section 14704 of this title; or 
"(3) for selective early retirement under section 14705 of 
this title. 
A selection board convened under this subsection shall be known 
as a 'continuation board'. 
"§ 14102. Selection boards: appointment and composition 
"(a) APPOINTMENT.—Members of selection boards convened 
xinder section 14101 of this title shall be appointed by the Secretary 
of the military department concerned in accordance with this sec-
tion. Promotion boards and special selection boards shall consist 
of five or more officers. Continuation boards shall consist of three 
or more officers. All of the officers of any such selection board 
shall be of the same armed force as the officers under consideration 
by the board. 
"(b) COMPOSITION.—^At least one-half of the members of such 
a selection board shall be reserve officers, to include at least one 
reserve officer from each reserve component from which officers 
are to be considered by the board. Each member of a selection 
board must hold a permanent grade higher than the grade of 
the officers under consideration by the board, and no member 
of a board may hold a grade below major or lieutenant commander. 
"(c) REPRESENTATION OF COMPETITIVE CATEGORIES.—(1) Except 
as provided in paragraph (2), a selection board shall include at 
least one officer from each competitive category of officers to be 
considered by the board. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2925 
"(2) A selection board need not include an officer from a competi-
tive category to be considered by the board if there is no officer 
of that competitive category on the reserve active-status list or 
the active-duty list in a permanent grade higher than the grade 
of the officers to be considered by the board and otherwise eligible 
to serve on the board. However, in such a case, the Secretary 
of the military department concerned, in his discretion, may appoint 
as a member of the board a retired officer of that competitive 
category who is in the same armed force as the officers under 
consideration by the board who holds a higher grade thgin the 
grade of the officers under consideration. 
"(d) 
PROHIBITION OF SERVICE ON CONSECUTIVE PROMOTION 
BOARDS.—^No officer may be a member of two successive promotion 
boards convened under section 14101(a) of this title for the consider-
ation of officers of the same competitive category and grade if 
the second of the two boards is to consider any officer who was 
considered and not recommended for promotion to the next higher 
grade by the first of the two boards. 
*
"§ 14103. Oath of members 
"Each member of a selection board convened imder section 
14101 of this title shall take an oath to perform the duties of 
a member of the board without prejudice or partiality, having 
in view both the special fitness of officers and the efficiency of 
the member's armed force. 
*'§ 14104. Confidentiality of board proceedings 
"Except as otherwise authorized or required by law, the 
proceedings of a selection board convened under section 14101 
of this title may not be disclosed to any person not a member 
of the board. 
*
*
§ 14105. Notice of convening of promotion board 
"(a) REQUIRED NOTICE.—^At least 30 days before a promotion 
board is convened under section 14101(a) of this title to consider 
officers in a grade and competitive category for promotion to the 
next higher grade, the Secretary concerned shall either (1) notify 
in writing the officers eligible for consideration by the board for 
promotion regarding the convening of the bosu'd, or (2) issue a 
general written notice to the armed force concerned regarding the 
convening of the board. 
"(b) CONTENT OF NOTICE.—^A notice xmder subsection (a) shall 
include the date on which the board is to convene and (except 
in the case of a vacancy promotion board) the name and date 
of rank of the junior officer, and of the senior officer, in the pro-
motion zone as of the date of the notice. 
*
*
§ 14106. Commiinication with board by officers 
under 
consideration 
"Subject to regulations prescribed by the Secretary of the mili-
tary department concerned, an officer eKgible for consideration by 
a promotion board convened under section 14101(a) of this title 
who is in the promotion zone or above the promotion zone, or 
who is to be considered by a vacancy promotion board, may send 
a written communication to the board calling attention to any 
matter concerning the officer which the officer considers important 
to the officer's case. Any such communication shall be sent so 
108 STAT. 2926 
PUBLIC LAW 103-337—OCT. 5, 1994 
as to arrive not later than the date on which the board convenes. 
The board shall give consideration to any timely communication 
under this section. 
*
*
§ 14107. Information furnished by the Secretary concerned 
to promotion boards 
"(a) 
INTEGRITY OF THE PROMOTION SELECTION BOARD PROC-
Regulations. 
ESS.—(1) The Secretary of Defense shall prescribe regulations 
governing information furnished to selection boards convened under 
section 14101(a) of this title. Those regulations shall apply uni-
formly among the military departments. Any regulations prescribed 
by the Secretary of a military department to supplement those 
regulations may not take effect without the approval of the Sec-
retary of Defense in writing. 
"(2) No information concerning a particular eligible officer may 
be furnished to a selection board except for the following: 
"(A) Information that is in the officer's official military 
personnel file and that is provided to the selection board in 
accordance with the regulations prescribed by the Secretary 
of Defense pursuant to paragraph (1). 
"(B) Other information that is determined by the Secretary 
of the military department concerned, after review by that 
Secretary in accordance with standards and procedures set 
out in the regulations prescribed by the Secretary of Defense 
pursuant to paragraph (1), to be substantiated, relevant 
information that could reasonably and materially affect the 
deliberations of the promotion board. 
"(C) Subject to such limitations as may be prescribed in 
those regulations, information communicated to the board by 
the officer in accordance with this section, section 14106 of 
this title (including any comment on information referred to 
in subparagraph (A) regarding that officer), or other applicable 
law. 
"(D) A factual summary of the information described in 
subparagraphs (A), (B), and (C) that, in accordance with the 
regulations prescribed pursuant to paragraph (1) is prepared 
by administrative personnel for the purpose of facilitating the 
work of the selection board. 
"(3) Information provided to a promotion board in accordance 
with paragraph (2) shall be made available to all members of 
the board and shall be made a part of the record of the board. 
Communication of such information shall be in a written form 
or in the form of an audio or video recording. If a communication 
is in the form of an audio or video recording, a written transcription 
of the recording shall also be made a part of the record of the 
promotion board. 
"(4) Paragraphs (2) and (3) do not apply to the furnishing 
of appropriate administrative processing information to the pro-
motion board by an administrative staff designated to assist the 
board, but only to the extent that oral communications are necessary 
to facilitate the work of the board. 
"(5) Information furnished to a promotion board that is 
described in subparagraph (B), (C), or (D) of paragraph (2) may 
not be furnished to a later promotion board unless— 
"(A) the information has been properly placed in the official 
miUtary personnel file of the officer concerned; or 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2927 
"(B) the information is provided to the later selection board 
in accordance with paragraph (2). 
"(6)(A) Before information described in paragraph (2)(B) regard-
ing an eligible officer is furnished to a selection board, the Secretary 
of the military department concerned shall ensure— 
"(i) that such information is made available to such officer; 
and 
"(ii) that the officer is afforded a reasonable opportunity 
to submit comments on that information to the promotion board. 
"(B) If an officer cannot be given access to the information 
referred to in subparagraph (A) because of its classification status, 
the officer shall, to the maximum extent practicable, be furnished 
an appropriate summary of the information. 
"(b) 
INFORMATION TO BE FURNISHED.—The Secretary of 
the 
military department concerned shall furnish to a promotion board 
convened under section 14101(a) of this title the following: 
"(1) In the case of a msmdatory promotion board, the maxi-
mum number (as determined in accordance with section 14307 
of this title) of officers in each competitive category under 
consideration that the board is authorized to recommend for 
promotion to the next higher grade. 
"(2) The name of each officer in each competitive category 
under consideration who is to be considered by the board for 
promotion. 
"(3) The pertinent records (as determined by the Secretary) 
of each officer whose name is furnished to the board. 
"(4) Information or guidelines relating to the needs of the 
armed force concerned for officers having particular skills, 
including (except in the cage of a vacancy promotion board) 
guidelines or information relating to either a minimum number 
or a maximum number of officers with particular skills within 
a competitive category. 
"(5) Such other information or guidelines as the Secretary 
concerned may determine to be necessary to enable the board 
to perform its functions. 
"(c) 
LIMITATION ON MODIFYING FURNISHED INFORMATION.— 
Information or guidelines furnished to a selection board under 
subsection (a) may not be modified, withdrawn, or supplemented 
after the board submits its report to the Secretary of the military 
department concerned pursuant to section 14109(a) of this title. 
However, in the case of a report returned to a board pursuant 
to section 14110(a) of this title for further proceedings because 
of a determination by the Secretary of the military department 
concerned that the board acted contrary to law, regulation, or 
guidelines, the Secretary may modify, withdraw, or supplement 
such information or guidelines as part of a written explanation 
to the board as provided in that section. 
"(d) 
OFFICERS IN HEALTH-PROFESSIONS COMPETITIVE 
CAT-
EGORIES.—The Secretary of each military department, under uni- Emulations, 
form regulations prescribed by the Secretary of Defense, shall 
include in guidelines furnished to a promotion board convened 
under section 14101(a) of this title that is considering officers in 
a health-professions competitive category for promotion to a grade 
below colonel or, in the case of officers of the Naval Reserve, 
captain, a direction that the board give consideration to an officer's 
clinical proficiency and skill as a health professional to at least 
108 STAT. 2928 
PUBLIC LAW 103-337—OCT. 5, 1994 
as great an extent as the board gives to the officer's administrative 
and management skills. 
*'§ 14108. Recommendations by promotion boards 
"(a) RECOMMENDATION OF BEST QUALIFIED OFFICERS.—A pro-
motion board convened under section 14101(a) of this title shall 
recommend for promotion to the next higher grade those officers 
considered by the board whom the board considers best qualified 
for promotion within each competitive category considered by the 
board or, in the case of a vacancy promotion board, among those 
officers considered to fill a vacancy. In determining those officers 
who are best qualified for promotion, the board shall give due 
consideration to the needs of the armed force concerned for officers 
with particular skills (as noted in the guidelines or information 
fiimished the board under section 14107 of this title). 
"(b) MAJORITY REQUIRED.—^A promotion board convened under 
section 14101(a) of this title may not recommend an officer for 
promotion unless— 
"(1) the officer receives the recommendation of a majority 
of the members of the board; and 
"(2) a majority of the members of the board finds that 
the officer is fully qualified for promotion. 
"(c) 
BOARD RECOMMENDATION REQUIRED FOR PROMOTION.— 
Except as otherwise provided by law, an officer on the reserve 
active-status list may not be promoted to a higher grade under 
chapter 1405 of this title unless the officer is considered and rec-
ommended for promotion to that grade by a promotion board con-
vened under section 14101(a) of this title (or by a special selection 
board convened under section 14502 of this title). 
"(d) 
DISCLOSURE OF BOARD RECOMMENDATIONS.—The rec-
ommendations of a promotion board may be disclosed only in accord-
ance with regulations prescribed by the Secretary of Defense. Those 
recommendations may not be disclosed to a person not a member 
of the board (or a member of the administrative staff designated 
by the Secretary concerned to assist the board) until the written 
report of the recommendations of the board, required by section 
14109 of this title, is signed by each member of the board. 
"(e) PROHIBITION OF COERCION AND UNAUTHORIZED INFLUENCE 
OF ACTIONS OF BOARD MEMBERS.—The Secretary convening a pro-
motion board under section 14101(a) of this title, and an officer 
or other official exercising authority over any member of a selection 
board, may not— 
"(1) censure, reprimand, or admonish the selection board 
or any member of the board with respect to the recommenda-
tions of the board or the exercise of any lawful function within 
the authorized discretion of the board; or 
"(2) attempt to coerce or, by any unauthorized means, 
influence any action of a promotion board or any member 
of a promotion board in the formulation of the board's rec-
ommendations. 
''§ 14109. Reports of promotion boards: in general 
"(a) 
REPORT OF OFFICERS RECOMMENDED FOR PROMOTION.— 
Each promotion board convened under section 14101(a) of this 
title shall submit to the Secretary of the military department con-
cerned a report in writing containing a list of the names of the 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2929 
officers recommended by the board for promotion. The report shall 
be signed by each member of the board. 
"(b) CERTIFICATION.—Each report under subsection (a) shall 
include a certification— 
"(1) that the board has carefully considered the record 
of each officer whose name was furnished to the board; Euid 
"(2) that, in the case of a promotion board convened under 
section 14101(a) of this title, in the opinion of a majority of 
the members of the board, the officers recommended for pro-
motion by the board are best qualified for promotion to meet 
the needs of the armed force concerned (as noted in the guide-
lines or information furnished the board under section 14107 
of this title) among those officers whose names were fiimished 
to the selection board. 
"(c) SHOW-CAUSE RECOMMENDATIONS.—(1) A promotion board 
convened under section 14101(a) of this title shall include in its 
report to the Secretary concerned the name of any reserve officer 
before it for consideration for promotion whose record, in the opinion 
of a majority of the members of the board, indicates that the 
officer should be required to show cause for retention in an active 
status. 
"(2) If such a report names an officer as having a record 
which indicates that the officer should be required to show cause 
for retention, the Secretary concerned may provide for the review 
of the record of that officer as provided under regulations prescribed 
under section 14902 of this title. 
"§ 14110. Reports of promotion boards: review by Secretary 
"(a) REVIEW OF REPORT,—Upon receipt of the report of a pro-
motion bo£ird submitted under section 14109(a) of this title, the 
Secretary of the military department concerned shall review the 
report to determine whether the board has acted contrary to law 
or regulation or to guidelines furnished the board under section 
14107(a) of this title. Following that review, unless the Secretary 
concerned makes a determination as described in subsection (b), 
the Secretary shall submit the report as required by section 14111 
of this title. 
"(b) RETURN OF REPORT FOR FURTHER PROCEEDINGS.—If, on 
the basis of a review of the report under subsection (a), the Sec-
retary of the military department concerned determines that the 
board acted contrary to law or regulation or to guidelines furnished 
the board under section 14107(a) of this title, the Secretary shall 
return the report, together with a written explanation of the basis 
for such determination, to the board for further proceedings. Upon 
receipt of a report returned by the Secretary concerned under 
this subsection, the selection board (or a subsequent selection board 
convened under section 14101(a) of this title for the same grade 
and competitive category) shall conduct such proceedings as may 
be necessary in order to revise the report to be consistent with 
law, regulation, and such guidelines and shall resubmit the report, 
as revised, to the Secretary in accordance with section 14109 of 
this title. 
"§14111. Reports of selection boards: transmittal to Presi-
dent 
"(a) TRANSMITTAL TO PRESIDENT.—The Secretary concerned, 
after fined review of the report of a selection board under section 
108 STAT. 2930 
PUBLIC LAW 103-337—OCT. 5, 1994 
14110 of this title, shall submit the report with the Secretary's 
recommendations, to the Secretary of Defense for transmittal by 
the Secretary to the President for approval or disapproval. If the 
authority of the President to approve or disapprove the report 
of a promotion board is delegated to the Secretary of Defense, 
that authority may not be redelegated except to an official in 
the Office of the Secretary of Defense. 
"(b) REMOVAL OF NAME FROM BOARD REPORT.—The name of 
an officer recommended for promotion by a selection board may 
be removed from the report of the selection board only by the 
President. 
"(c) RECOMMENDATIONS FOR REMOVAL OF SELECTED OFFICERS 
FROM REPORT.—If the Secretary of a military department or the 
Secretary of Defense makes a recommendation under this section 
that the name of an officer be removed from the report of a pro-
motion board and the recommendation is accompanied by informa-
tion that was not presented to that promotion board, that infor-
mation shall be made available to that officer. The officer shall 
then be afforded a reasonable opportunity to submit comments 
on that information to the officials making the recommendation 
and the officials reviewing the recommendation. If an eligible officer 
cannot be given access to such information because of its classifica-
tion status, the officer shall, to the meiximum extent practicable, 
be provided with an appropriate summary of the information. 
"§ 14112. Dissemination of names of officers selected 
"Upon approval by the President of the report of a promotion 
board, the names of the officers recommended for promotion by 
the promotion board (other than any name removed by the Presi-
dent) may be disseminated to the armed force concerned. If those 
names have not been sooner disseminated, those names (other 
than the name of any officer whose promotion the Senate failed 
to confirm) shall be promptly disseminated to the armed force 
concerned upon confirmation by the Senate. 
"CHAPTER 1405—PROMOTIONS 
"Sec. 
"14301. Eligibility for consideration for promotion: general rules. 
"14302. Promotion zones. 
"14303. Eligibility for consideration for promotion: minimum years of service in 
grade. 
"14304. Eligibility for consideration for promotion: maximum years of service in 
grade. 
"14305. Establishment of promotion zones: mandatory consideration for promotion. 
"14306. Establishment of promotion zones: Naval Reserve and Marine Corps Re-
serve running mate system. 
"14307. Numbers of officers to be recommended for promotion. 
"14308. Promotions: how made. 
"14309. Acceptance of promotion: oath of office. 
"14310. Removal of officers from a list of officers recommended for promotion. 
"14311. Delay of promotion: involuntary. 
"14312. Delay of promotion: voluntary. 
"14313. Authority to vacate promotions to grade of brigadier general or rear admi-
ral (lower half). 
"14314. Army and Air Force commissioned officers: generals ceasing to occupy 
positions commensurate with grade; state adjutants general. 
"14315. Position vacancy promotions: ^ m y and Air Force officers. 
"14316. Army National Guard and Air National Guard: appointment to and Federal 
recognition in a higher reserve grade after selection for promotion. 
"14317. Officers in transition to and from the active-status list or active-duty list. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2931 
^'§ 14301. Eligibility for consideration for promotion: general 
rules 
"(a) ONE-YEAR RULE.—^An officer is eligible under this chapter 
for consideration for promotion by a promotion board convened 
under section 14101(a) of this title only if— 
"(1) the officer is on the reserve active-status list of the 
Army, Navy, Air Force, or Marine Corps; and 
"(2) during the one-year period ending on the date of the 
convening of the promotion board the officer has continuously 
performed service on either the reserve active-status list or 
the active-duty list (or on a combination of both lists). 
"(b) REQUIREMENT FOR CONSIDERATION OF ALL OFFICERS IN 
AND ABOVE THE ZONE.—Whenever a promotion board (other than 
a vacancy promotion board) is convened under section 14101(a) 
of this title for consideration of officers in a competitive category 
who are eligible under this chapter for consideration for promotion 
to the next higher grade, each officer in the promotion zone, eind 
each officer above the promotion zone, for that grade and competi-
tive category shall be considered for promotion. 
"(c) 
PREVIOUSLY SELECTED OFFICERS NOT ELIGIBLE TO BE 
CONSIDERED.—^A promotion board convened imder section 14101(a) 
of this title may not consider for promotion to the next higher 
grade— 
"(1) £01 officer whose name is on a promotion list for that 
grade as a result of recommendation for promotion to that 
grade by an earlier selection board convened under that section 
or section 14502 of this title or under chapter 36 of this title; 
"(2) an officer who has been approved for Federal recogni-
tion by a board convened under section 307 of title 32 and 
nominated by the President for promotion to the next higher 
grade as a reserve of the Army or of the Air Force as the 
case may be; or 
"(3) an officer who has been nominated by the President 
for promotion to the next higher grade under any other provi-
sion of law. 
"(d) OFFICERS BELOW THE ZONE.—The Secretary of the military Regulations, 
depEirtment concerned may, by regulation, prescribe procedures to 
limit the officers to be considered by a selection board from below 
the promotion zone to those officers who are determined to be 
exceptionally well qualified for promotion. The regulations shall 
include criteria for determining which officers below the promotion 
zone are exceptionally well qualified for promotion. 
"(e) 
RESERVE OFFICERS OF THE ARMY; CONSIDERATION FOR 
BRIGADIER GENERAL AND MAJOR GENERAL.—In the case of officers 
of the Army, if the Secretary of the Army determines that vacancies 
are authorized or anticipated in the reserve grades of major general 
or brigadier general for officers who are on the reserve active-
status list and who are not assigned to units organized to serve 
as a imit and the Secretary convenes a mandatory promotion board 
under section 14101(a) of this title to consider officers for promotion 
to fill such vacancies, the Secretary may limit the officers to be 
considered by that board to those determined to be exceptionally 
well qualffied for promotion under such criteria and procedures 
as the Secretary may by regulation prescribe. 
"(f) CERTAIN RESERVE OFFICERS OF THE AIR FORCE.—A reserve 
officer of the Air Force who (1) is in the Air National Guard 
of the United States and holds the grade of lieutenant colonel, 
108 STAT. 2932 
PUBLIC LAW 103-337—OCT. 5, 1994 
colonel, or brigadier general, or (2) is in the Air Force Reserve 
and holds the grade of colonel or brigadier general, is not eligible 
for consideration for promotion by a mandatory promotion board 
convened under section 14101(a) of this title. 
"(g) NONCONSIDERATION OF OFFICERS SCHEDULED FOR REMOVAL 
FROM RESERVE ACTIVE-STATUS LIST.—The Secretary of the military 
department concerned may, by regulation, provide for the exclusion 
from consideration for promotion by a promotion board of any 
officer otherwise eligible to be considered by the board who has 
an established date for removal from the reserve active-status list 
that is not more than 90 days after the date on which the selection 
board for which the officer would otherwise be eligible is to be 
convened. 
''§ 14302. Promotion zones 
"(a) PROMOTION ZONES GENERALLY.—For purposes of this chap-
ter, a promotion zone is an eligibility category for the consideration 
of officers by a msindatory promotion board. A promotion zone 
consists of those officers on the reserve active-status list who are 
in the same grade and competitive category and who meet the 
requirements of both paragraphs (1) and (2) or the requirements 
of paragraph (3), as follows: 
"(1)(A) In the case of officers in grades below colonel, for 
reserve officers of the Army, Air Force, and Marine Corps, 
or captain, for officers of the Naval Reserve, those who have 
neither (i) failed of selection for promotion to the next higher 
grade, nor (ii) been removed from a list of officers recommended 
for promotion to that grade. 
"(B) In the case of officers in the grade of colonel or briga-
dier general, for reserve officers of the Army and Marine Corps, 
or in the grade of captain or rear admiral (lower half), for 
reserve officers of the Navy, those who have neither (i) been 
recommended for promotion to the next higher grade when 
considered in the promotion zone, nor (ii) been removed from 
a list of officers recommended for promotion to that grade. 
"(2) Those officers who are senior to the officer designated 
by the Secretary of the military department concerned to be 
the junior officer in the promotion zone eligible for consideration 
for promotion to the next higher grade and the officer so des-
ignated. 
"(3) Those officers who— 
"(A) have been selected from below the zone for pro-
motion to the next higher grade or by a vacancy promotion 
board, but whose names were removed from the list of 
officers recommended for promotion to that next higher 
grade resulting from that selection; 
"(B) have not failed of selection for promotion to that 
next higher grade; and 
"(C) are senior to the officer designated by the Sec-
retary of the military department concerned to be the junior 
officer in the promotion zone eligible for consideration 
for promotion to that next higher grade and the officer 
so designated. 
"(b) OFFICERS ABOVE THE ZONE.—Officers on the reserve active-
status list are considered to be above the promotion zone for a 
grade and competitive category if they— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2933 
"(1) are eligible for consideration for promotion to the next 
higher grade; 
"(2) are in the same grade as those officers in the promotion 
zone for that competitive category; and 
"(3) are senior to the senior officer in the promotion zone 
for that competitive category. 
"(c) OFFICERS BELOW THE ZONE.—Officers on the reserve active-
status list are considered to be below the promotion zone for a 
grade and competitive category if they— 
"(1) are eligible for consideration for promotion to the next 
higher grade; 
"(2) are in the same grade as those officers in the promotion 
zone for that competitive category; and 
"(3) are junior to the junior officer in the promotion zone 
for that competitive category. 
*
*
§ 14303. Eligibility for consideration for promotion: mini-
mum years of service in grade 
"(a) OFFICERS IN PAY GRADES 0 - 1 AND 0-2.—An officer who 
is on the reserve active-status list of the Army, Navy, Air Force, 
or Marine Corps and holds a permanent appointment in the grade 
of second lieutenant or first lieutenant as a reserve officer of the 
Army, Air Force, or Marine Corps, or in the grade of ensign or 
lieutenant (jimior grade) as a reserve officer of the Navy, may 
not be promoted to the next higher grade, or granted Federal 
recognition in that grade, imtil the officer has completed the follow-
ing years of service in grade: 
"(1) Eighteen months, in the case of an officer holding 
a permanent appointment in the grade of second lieutenant 
or ensign. 
"(2) Two years, in the case of an officer holding a permanent 
appointment in the grade of first lieutenemt or lieutenant (jun-
ior grade). 
"(b) OFFICERS IN PAY GRADES 0-3 
AND ABOVE.—Subject to 
subsection (d), an officer who is on the reserve active-status list 
of the Army, Air Force, or Marine Corps and holds a permanent 
appointment in a grade above first lieutenant, or who is on the 
reserve active-status list of the Navy in a grade above lieutenant 
(junior grade), may not be considered for selection for promotion 
to the next higher grade, or examined for Federal recognition in 
the next higher grade, imtil the officer has completed the following 
years of service in grade: 
"(1) Three years, in the case of an officer of the Army, 
Air Force, or Marine Corps holding a permanent appointment 
in the grade of captain, major, or lieutenant colonel or in 
the case of a reserve officer of the Navy holding a perma-
nent appointment in the grade of lieutenant, lieutenant com-
mander, or commander. 
"(2) One year, in the case of an officer of the Army, Air 
Force, or Marine Corps holding a permanent appointment in 
the grade of colonel or brigadier general or in the case of 
a reserve officer of the Navy holding a permanent appointment 
in the grade of captain or rear admiral (lower half). 
This subsection does not apply to an adjutant general or assistant 
adjutant general of a State or to an appointment in a higher 
grade which is based upon a specific provision of law. 
108 STAT. 2934 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(c) AUTHORITY TO LENGTHEN MINIMUM PERIOD IN GRADE,— 
The Secretary concerned may prescribe a period of service in grade 
for eligibility for promotion, in the case of officers to whom sub-
section (a) applies, or for eligibility for consideration for promotion, 
in the case of officers to whom subsection (b) applies, that is 
longer than the applicable period specified in that subsection, 
"(d) WAIVERS TO ENSURE TWO BELOW-THE-ZONE CONSIDER-
ATIONS.—Subject to section 14307(b) of this title, the Secretary 
of the military department concerned may waive subsection (b) 
to the extent necessary to ensure that officers described in para-
graph (1) of that subsection have at least two opportunities for 
consideration for promotion to the next higher grade as officers 
below the promotion zone, 
*'§ 14304. Eligibility for consideration for promotion: maxi-
mum years of service in grade 
"(a) 
CONSIDERATION 
FOR 
PROMOTION 
WITHIN 
SPECIFIED 
TIMES.—(1) Officers described in paragraph (3) shall be placed 
in the promotion zone for that officer's grade and competitive cat-
egory, and shall be considered for promotion to the next higher 
grade by a promotion board convened under section 14101(a) of 
this title, far enough in advance of completing the years of service 
in grade specified in the following table so that, if the officer 
is recommended for promotion, the promotion may be effective 
on or before the date on which the officer will complete those 
years of service. 
Maximum years of 
"Current Grade 
service in grade 
"First lieutenant or Lieutenant (junior grade) 
5 years 
"Captain or Navy Lieutenant 
7 years 
"Major or Lieutenant commander 
7 years 
"(2) Paragraph (1) is subject to subsections (a), (b), and (c) 
of section 14301 of this title and applies without regard to vaceincies. 
"(3) Paragraph (1) applies to an officer who is on the reserve 
active-status list of the Army, Navy, Air Force, or Marine Corps 
and who holds a permanent appointment in the grade of first 
lieutenant, captain, or major as a reserve of the Army, Air Force, 
or Marine Corps, or to an officer on the reserve active-status list 
of the Navy in the grade of lieutenant (jimior grade), lieutenant, 
or lieutenant commander as a reserve of the Navy, and who, while 
holding that appointment, has not been considered by a selection 
bo£ird convened under section 14101(a) or 14502 of this title for 
promotion to the next higher grade. 
"(b) PROMOTION DATE.—^An officer holding a permanent grade 
specified in the table in subsection (a) who is recommended for 
promotion to the next higher grade by a selection board the first 
time the officer is considered for promotion while in or above the 
promotion zone and who is placed on an approved promotion list 
established under section 14308(a) of this title shall (if not promoted 
sooner or removed from that list by the President or by reason 
of declination) be promoted, without regard to the existence of 
a vacancy, on the date on which the officer completes the maximum 
years of service in grade specified in subsection (a). The preceding 
sentence is subject to the limitations of section 12011 of this title. 
"(c) WAIVER AUTHORITY FOR NAVY AND MARINE CORPS RUNNING 
MATE SYSTEM.—If the Secretary of the Navy establishes promotion 
zones for officers on the reserve active-status list of the Navy 
or the Marine Corps Reserve in accordance with a running mate 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2935 
system under section 14306 of this title, the Secretary may waive 
the requirements of subsection (a) to the extent the Secretary 
considers necessary in any case in which the years of service for 
promotion, or for consideration for promotion, within those zones 
will exceed the maximum years of service in grade specified in 
subsection (a). 
''§ 14305. Establishment 
of promotion 
zones: mandatory 
consideration for promotion 
"(a) ESTABLISHMENT OF ZONE.—Before convening a msindatory 
promotion board imder section 14101(a) of this title, the Secretary 
of the military department concerned shall establish a promotion 
zone for officers serving in each grade and competitive category 
to be considered by the board 
"(b) NUMBER IN THE ZONE.—The Secretary concerned shall 
determine the num^ber of officers in the promotion zone for officers 
serving in any grade and competitive category fi*om among officers 
who are eligible for promotion in that grade and competitive cat-
egory under the provisions of sections 14303 and 14304 of this 
title and who are otherwise eligible for promotion. 
"(c) FACTORS IN DETERMINING NUMBER IN THE ZONE.—The Sec-
retary's deterviination under subsection (b) shedl be made on the 
basis of an estimate of the following: 
"(1) The number of officers needed in that competitive 
x 
category in the next higher grade in each of the next five 
years. 
"(2) In the case of a promotion zone for officers to be 
promoted to a grade to which the maximum years of in grade 
criteria established in section 14304 of this title apply, the 
number of officers in that competitive category who are required 
to be considered for selection for promotion to the next higher 
grade under that section. 
"(3) The number of officers that should be placed in the 
promotion zone in each of the next five years to provide to 
officers in those years relatively similar opportimities for pro-
motion. 
"§ 14306. Establishment of promotion zones: Naval Reserve 
and Marine Corps Reserve running mate system 
"(a) AUTHORITY OF SECRETARY OF THE NAVY.—The Secretary 
of the Navy may by regulation implement section 14305 of this 
title by requiring that the promotion zone for consideration of 
officers on the reserve active-status list of the Navy or the Marine 
Corps for promotion to the next higher grade be determined in 
accordance with a running mate system as provided in subsection 
(b). 
"(b) ASSIGNMENT OF RUNNING MATES.—An officer to whom 
a running mate system applies shall be assigned as a running 
mate an officer of the same grade on the active-duty list of the 
same armed force. The officer on the reserve active-status list 
is in the promotion zone and is eligible for consideration for pro-
motion to the next higher grade by a selection board convened 
under section 14101(a) of this title when that officer's running 
mate is in or above the promotion zone established for that officer's 
grade under chapter 36 of this title. 
"(c) CONSIDERATION OF OFFICERS BELOW THE ZONE UNDER A 
RUNNING MATE SYSTEM.—If the Secretary of the Navy authorizes 
108 STAT. 2936 
PUBLIC LAW 103-337—OCT. 5, 1994 
the selection of officers for promotion from below the promotion 
zone in accordance with section 14307 of this title, the number 
of officers to be considered from below the zone may be established 
through the application of the running mate system or otherwise 
as the Secretary determines to be appropriate to meet the needs 
of the Navy or Marine Corps. 
"§14307. Number of officers to be recommended for pro-
motion 
"(a) DETERMINATION OF MAXIMUM NUMBER.—Before convening 
a promotion board under section 14101(a) of this title for a grade 
and competitive category (other than a vacancy promotion board), 
the Secretary of the military department concerned, under regula-
tions prescribed by the Secretary of Defense, shall determine the 
maximum number of officers in that grade and competitive category 
that the board may recommend for promotion. The Secretary shall 
make the determination under the preceding sentence of the maxi-
mum number that may be recommended with a view to having 
on the reserve active-status list a sufficient number of officers 
in each grade and competitive category to meet the needs of the 
armed force concerned for officers on that list. In order to make 
that determination, the Secretary shall determine (1) the number 
of positions needed to accomplish mission objectives which require 
officers of such competitive category in the grade to which the 
board will recommend officers for promotion, (2) the estimated 
number of officers needed to fill vacancies in such positions during 
the period in which it is anticipated that officers selected for pro-
motion will be promoted, (3) the number of officers authorized 
by the Secretary of the military department concerned to serve 
on the reserve active-status list in the grade and competitive cat-
egory under consideration, and (4) any statutory limitation on the 
number of officers in any grade or category (or combination thereof) 
authorized to be on the reserve active-status list. 
"(b) BELOW-THE-ZONE SELECTIONS.—(1) The Secretary of the 
military department concerned may, when the needs of the armed 
force concerned require, authorize the consideration of officers in 
the grade of captain, major, or lieutenant colonel on the reserve 
active-status list of the Army or Air Force, in a grade above first 
lieutenant on the reserve active-status list of the Marine Corps, 
or in a grade above lieutenant (junior grade) on the reserve active-
status list of the Navy, for promotion to the next higher grade 
from below the promotion zone. 
"(2) When selection from below the promotion zone is author-
ized, the Secretary shall establish the number of officers that may 
be recommended for promotion from below the promotion zone 
in each competitive category to be considered. That number may 
not exceed the number equal to 10 percent of the maximum number 
of officers that the board is authorized to recommend for promotion 
in such competitive category, except that the Secretary of Defense 
may authorize a greater number, not to exceed 15 percent of the 
total number of officers that the board is authorized to recommend 
for promotion, if the Secretary of Defense determines that the 
needs of the armed force concerned so require. If the maximum 
number determined under this paragraph is less than one, the 
board may recommend one officer for promotion from below the 
promotion zone. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2937 
"(3) The number of officers recommended for promotion from 
below the promotion zone does not increase the maximum number 
of officers that the board is authorized to recommend for promotion 
under subsection (a). 
^§ 14308. Promotions: how made 
"(a) PROMOTION LIST.—^When the report of a selection board 
convened under section 14101(a) or 14502 of this title is approved 
by the President, the Secretary of the military department con-
cerned shall place the names of all officers selected for promotion 
within a competitive category on a single list for that competitive 
category, to be known as a promotion list, in the order of seniority 
of those officers on the reserve active-status list. 
"(b) PROMOTION; HOW MADE; ORDER.—(1) Officers on a pro-
motion list for a competitive category shall be promoted in the 
manner specified in section 12203 of this title. 
"(2) Officers on a promotion list for a competitive category 
shall be promoted to the next higher grade in accordance with 
regulations prescribed by the Secretary of the military department 
concerned. Except as provided in section 14311, 14312, or 14502(e) 
of this title or in subsection (d) or (e), promotions shall be made 
in the order in which the names of officers appear on the promotion 
list amd after officers previously selected for promotion in that 
competitive category have been promoted. 
"(3) Officers to be promoted to the grade of first lieutenant 
or lieutenant (junior grade) shall be promoted in accordance with 
regulations prescribed by the Secretary of the military department 
concerned. 
"(c) DATE OF RANK.—(1) The date of rank of an officer appointed 
to a higher grade under this section is determined under section 
741(d)(2) of this title. 
"(2) Except as specifically authorized by law, a reserve officer 
is not entitled to additional pay or allowances if the effective date 
of the officer's promotion is adjusted to reflect a date earlier than 
the actual date of the officer's promotion. 
"(d) OFFICERS WITH RUNNING MATES.—An officer to whom a 
running mate system applies under section 14306 of this title 
and who is selected for promotion is eligible for promotion to the 
grade for which selected when the officer who is that officer's 
rurming mate becomes eligible for promotion under chapter 36 
of this title. The effective date of the promotion of that officer 
shall be the same as that of the officer's running mate in the 
grade to which the running mate is promoted. 
"(e) ARMY RESERVE AND AIR FORCE RESERVE PROMOTIONS TO 
FILL VACANCIES.—Subject to this section and to section 14311(e) 
of this title, and under regulations prescribed by the Secretary 
of the military department concerned— 
"(1) an officer in the Army Reserve or the Air Force Reserve 
who is on a promotion list as a result of selection for promotion 
by a mandatory promotion board convened imder section 
14101(a) of this title or a board convened under section 14502 
or chapter 36 of this title may be promoted at any time to 
fill a vacancy in a position to which the officer is assigned; 
and 
"(2) an officer in the Army Reserve or the Air Force Reserve 
who is on a promotion list as a result of selection for promotion 
by a vacancy promotion board convened under section 14101(a) 
108 STAT. 2938 
PUBLIC LAW 103-337—OCT. 5, 1994 
of this title may be promoted at any time to fill the vacancy 
for which the officer was selected. 
"(f) EFFECTIVE DATE OF PROMOTION AFTER FEDERAL RECOGNI-
TION.—^The effective date of a promotion of a reserve commissioned 
officer of the Army or the Air Force who is extended Federal 
recognition in the next higher grade in the Army National Guard 
or the Air National Guard under section 307 or 310 of title 32 
shall be the date on which such Federal recognition in that grade 
is so extended. 
"(g) ARMY AND AIR FORCE GENERAL OFFICER PROMOTIONS.— 
A reserve officer of the Army who is on a promotion list for pro-
motion to the grade of brigadier general or major general as a 
result of selection by a vacancy promotion board may be promoted 
to that grade only to fill a vacancy in that grade in a unit of 
the Army Reserve that is organized to serve as a unit and that 
has attained the strength prescribed by the Secretary of the Army. 
A reserve officer of the Air Force who is on a promotion list 
for promotion to the grade of brigadier general or major general 
as a result of selection by a vacancy promotion board may be 
promoted to that grade only to fill a vacancy in the Air Force 
Reserve in that grade. 
"§ 14309. Acceptance of promotion; oath of office 
"(a) ACCEPTANCE.—^An officer who is appointed to a higher 
grade under this chapter shall be considered to have accepted 
the appointment on the date on which the appointment is made 
unless the officer expressly declines the appointment or is granted 
a delay of promotion under section 14312 of this title. 
"(b) OATH.—^An officer who has served continuously since taking 
the oath of office prescribed in section 3331 of title 5 is not required 
to take a new oath upon appointment to a higher grade imder 
this chapter. 
"§14310. Removal of officers from a list of officers rec-
ommended for promotion 
"(a) REMOVAL BY PRESIDENT.—The President may remove the 
name of any officer from a promotion list at any time before the 
date on which the officer is promoted. 
"(b) REMOVAL FOR WITHHOLDING OF SENATE ADVICE AND CON-
SENT.—If the Senate does not give its advice and consent to the 
appointment to the next higher grade of an officer whose name 
is on a list of officers approved by the President for promotion 
(except in the case of promotions to a reserve grade to which 
appointments may be made by the President alone), the name 
of that officer shall be removed from the list. 
"(c) CONTINUED ELIGIBILITY FOR PROMOTION.—An officer whose 
name is removed from a list under subsection (a) or (b) continues 
to be eligible for consideration for promotion. If that officer is 
recommended for promotion by the next selection board convened 
for that officer's grade and competitive category and the officer 
is promoted, the Secretary of the military department concerned 
may, upon the promotion, grant the officer the same date of rank, 
the same effective date for the pay and allowances of the grade 
to which promoted, and the same position on the reserve active-
status list, as the officer would have had if the officer's name 
had not been removed from the list. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2939 
"§ 14311. Delay of promotion: involuntary 
"(a) DELAY DURING INVESTIGATIONS AND PROCEEDINGS.—(1) 
Under regulations prescribed by the Secretary of the military 
department concerned, the appointment of an officer to a higher 
grade may be delayed if any of the following applies before the 
date on which the appointment would otherwise be made: 
"(A) Sworn charges against the officer have been received 
by an officer exercising general court-martial jurisdiction over 
the officer and the charges have not been disposed of. 
"(B) An investigation is being conducted to determine 
whether disciplinary action of any kind should be brought 
against the officer. 
"(C) A board of officers has been convened under section 
14903 of this title to review the record of the officer. 
"(D) A criminal proceeding in a Federal or State court 
of competent jurisdiction is pending against the officer. 
"(2) If disciplinary action is not taken against the officer, if 
the charges against the officer are withdrawn or dismissed, if the 
officer is not separated by the Secretary of the military department 
concerned as the result of having been required to show cause 
for retention, or if the officer is acquitted of the charges, as the 
case may be, then (unless action to delay the officer's appointment 
to the higher grade has been taken under subsection (b)) the officer 
shall be retained on the promotion list, list of officers foimd qualified 
for Federal recognition, or list of officers nominated by the President 
to the Senate for appointment in a higher reserve grade and shall, 
upon promotion to the next higher grade, have the same date 
of rank, the same effective date for the pay and allowances of 
the grade to which promoted, and the same position on the reserve 
active-status list as the officer would have had if no delay had 
intervened, unless the Secretary concerned determines that the 
officer was unqualified for promotion for any part of the delay. 
If the Secretary makes such a determination, the Secretary may 
adjust such date of rank, effective date of pay and allowances, 
and position on the reserve active-status list as the Secretary consid-
ers appropriate under the circumstances. 
"(b) DELAY FOR LACK OF QUALIFICATIONS.—Under regulations Regulations, 
prescribed by the Secretary of the military department concerned, 
the appointment of an officer to a higher grade may also be delayed 
if there is cause to believe that the officer is mentally, physically, 
morally, or professionally unqualified to perform the duties of the 
grade to which selected. If the Secretary concerned later determines 
that the officer is qualified for promotion to the higher grade, 
the officer shall be retained on the promotion list, the list of officers 
found qualified for Federal recognition, or list of officers nominated 
by the President to the Senate for appointment in a higher reserve 
grade, and shall, upon promotion to that grade, have the same 
date of rank, the same effective date for pay and allowances of 
that grade, and the same position on the reserve active-status 
list as the officer would have had if no delay had intervened, 
unless the Secretary concerned determines that the officer was 
unqualified for promotion for any part of the delay. If the Secretary 
makes such a determination, the Secretary may adjust such date 
of rank, effective date of pay and allowances, and position on 
the reserve active-status list as the Secretary considers appropriate 
under the circumsteinces. 
108 STAT. 2940 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(c) NOTICE TO OFFICER.—(1) The appointment of an officer 
to a higher grade may not be. delayed under subsection (a) or 
(b) unless the officer is given written notice of the grounds for 
the delay. The preceding sentence does not apply if it is impractica-
ble to give the officer written notice before the date on which 
the appointment to the higher grade would otherwise tsike effect, 
but in such a case the written notice shall be given as soon as 
practicable. 
"(2) An officer whose promotion is delayed under subsection 
(a) or (b) shall be given an opportunity to make a written statement 
to the Secretary of the military department concerned in response 
to the action taken. The Secretary shall give consideration to any 
such statement. 
"(d) MAXIMUM LENGTH OF DELAY IN PROMOTION.—The appoint-
ment of an officer to a higher grade may not be delayed under 
subsection (a) or (b) for more than six months after the date on 
which the officer would otherwise have been promoted unless the 
Secretary concerned specifies a further period of delay. An officer's 
appointment may not be delayed more than 90 days after final 
action has been taken in any criminal case against the officer 
in a Federal or State court of competent jurisdiction or more than 
90 days after final action has been taken in any court-martial 
case against the officer. Except for court action, a promotion may 
not be delayed more than 18 months after the date on which 
the officer would otherwise have been promoted. 
"(e) DELAY BECAUSE OF LIMITATIONS ON OFFICER STRENGTH 
Regulations. 
IN GRADE OR DUTIES TO WHICH ASSIGNED.—(1) Under regulations 
prescribed by the Secretary of Defense, the promotion of a reserve 
officer on the reserve active-status list who is serving on active 
duty, or who is on full-time National Guard duty for administration 
of the reserves or the National Guard, to a grade to which the 
strength limitations of section 12011 of this title apply shall be 
delayed if necessary to ensure compliance with those strength 
limitations. The delay shall expire when the Secretary determines 
that the delay is no longer required to ensure such compliance. 
"(2) The promotion of an officer described in paragraph (1) 
shall also be delayed while the officer is on duty described in 
that paragraph unless the Secretary of the military department 
concerned, under regulations prescribed by the Secretary of Defense, 
determines that the duty assignment of the officer requires a higher 
grade than the grade currently held by the officer. 
"(3) The date of rank and position on the reserve active-status 
list of a reserve officer whose promotion to or Federal recognition 
in the next higher grade was delayed under paragraph (1) or 
(2) solely as the result of the limitations imposed under the regula-
tions prescribed by the Secretary of Defense or contained in section 
12011 of this title shall be the date on which the officer would 
have been promoted to or recognized in the higher grade had 
such limitations not existed. 
"(4) If an officer whose promotion is delayed under paragraph 
(1) or (2) completes the period of active duty or full-time National 
Guard duty that the officer is required by law or regulation to 
perform as a member of a reserve component, the officer may 
request release from active duty or full-time National Guard duty. 
If the request is granted, the officer's promotion shall be effective 
upon the officer's release from such duty. The date of rank and 
position on the reserve active-status list of the officer shall be 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2941 
the date the officer would have been promoted to or recognized 
in the higher grade had the Umitations imposed under regulations 
prescribed by the Secretary of Defense contained in section 12011 
of this title not existed. If an officer whose promotion is delayed 
under paragraph (1) or (2) has not completed the period of active 
duty or full-time National Guard duty that the officer is required 
by law or regulation to perform as a member of a reserve component, 
the officer may be retained on active duty or on full-time National 
Guard duty in the grade in which the officer was serving before 
the officer's being found qualified for Federal recognition or the 
officer's selection for the promotion until the officer completes that 
required period of duty. 
"§ 14312. Delay of promotion: voluntary 
"(a) AUTHORITY FOR VOLUNTARY DELAYS.—(1) The Secretary 
of the military department concerned may, by regulation, permit 
delays of a promotion of an officer who is recommended for pro-
motion by a mandatory selection board convened under section 
14101(a) or a special selection board convened imder section 14502 
of this title at the request of the officer concerned. Such delays, 
in the case of any promotion, may extend for any period not to 
exceed three years from the date on which the officer would other-
wise be promoted. 
"(2) Regulations under this section shall provide that— 
Regulations. 
"(A) a request for such a delay of promotion must be 
submitted by the officer concerned before the delay may be 
approved; and 
"(B) denial of such a request shall not be considered to 
be a failure of selection for promotion unless the officer declines 
to accept a promotion under circumstances set forth in sub-
section (c). 
"(b) EFFECT OF APPROVAL OF REQUEST.—If a request for delay 
of a promotion under subsection (a) is approved, the officer's name 
shall remain on the promotion list during the authorized period 
of delay (unless removed under any other provision of law). Upon 
the end of the period of the authorized delay, or at any time 
during such period, the officer may accept the promotion, which 
shall be effective on the date of acceptance. Such an acceptance 
of a promotion shall be made in accordance with regulations pre-
scribed luider this section. 
"(c) EFFECT OF DECLINING A PROMOTION.—An officer's name 
shall be removed from the promotion list and, if the officer is 
serving in a grade below colonel or, in the case of the Navy, 
captain, the officer shall be considered to have failed of selection 
for promotion if any of the following applies: 
"(1) The Secretary concerned has not authorized voluntary 
delays of promotion under subsection (a) to the grade concerned 
and the officer declines to accept an appointment to a higher 
grade. 
"(2) The Secretary concerned has authorized voluntary 
delays of promotion under subsection (a), but has denied the 
request of the officer for a delay of promotion and the officer 
then declines to accept an appointment to a higher grade. 
"(3) The Secretary concerned has approved the request 
of an officer for a delay of promotion £md, upon the end of 
the period of delay authorized in accordance with regulations 
108 STAT. 2942 
PUBLIC LAW 103-337—OCT. 5, 1994 
prescribed under subsection (a), the officer then declines to 
accept an appointment to a higher grade. 
*'§ 14313. Authority to vacate promotions to grade of briga-
dier general or rear admiral (lower half) 
"(a) AUTHORITY.—The President may vacate the appointment 
of a reserve officer to the grade of brigadier general or rear admiral 
(lower half) if the period of time during which the officer has 
served in that grade after promotion to that grade is less than 
18 months. 
"(b) EFFECT OF PROMOTION BEING VACATED.—Except as pro-
vided in subsection (c), an officer whose promotion to the grade 
of brigadier general is vacated under this section holds the grade 
of colonel as a reserve of the armed force of which the officer 
is a member. An officer whose promotion to the grade of rear 
admiral (lower half) is vacated under this section holds the grade 
of captain in the Naval Reserve. Upon assuming the lower grade, 
the officer shall have the same position on the reserve active-
status list as the officer would have had if the officer had not 
served in the higher grade. 
"(c) SPECIAL RULE FOR OFFICERS SERVING AS ADJUTANT GEN-
ERAL.—In the case of an officer serving as an adjutant general 
or assistant adjutant general whose promotion to the grade of 
brigadier general is vacated under this section, the officer then 
holds the reserve grade held by that officer immediately before 
the officer's appointment as adjutant general or assistant adjutsmt 
general. 
"§14314. Army and Air Force commissioned officers: gen-
erals ceasing to occupy positions commensurate 
with grade; State adjutants general 
"(a) GENERAL OFFICERS.—Within 30 days after a reserve officer 
of the Army or the Air Force on the reserve active-status list 
in a general officer grade ceases to occupy a position commensurate 
with that grade (or commensurate with a higher grade), the Sec-
retary concerned shall transfer or discharge the officer in accordance 
with whichever of the following the officer elects: 
"(1) Transfer the officer in grade to the Retired Reserve, 
if the officer is qualified and applies for the transfer. 
"(2) Transfer the officer in grade to the inactive status 
list of the Standby Reserve, if the officer is qualified. 
"(3) Discharge the officer from the officer's reserve appoint-
ment and, if the officer is qualified and applies therefor, appoint 
the officer in the reserve grade held by the officer as a reserve 
officer before the officer's appointment in a general officer 
grade. 
"(4) Discharge the officer from the officer's reserve appoint-
ment. 
"(b) ADJUTANTS GENERAL.—If a reserve officer who is federally 
recognized in the Army National Guard or the Air National Guard 
solely because of the officer's appointment as adjutant general or 
assistant adjutant general of a State ceases to occupy that position, 
the Secretary concerned, not later than 30 days after the date 
on which the officer ceases to occupy that position, shall— 
"(1) withdraw that officer's Federal recognition; and 
"(2) require that the officer— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2943 
"(A) be transferred in grade to the Retired Reserve, 
if the officer is quaUfied and appHes for the transfer; 
"(B) be discharged from the officer's reserve appoint-
ment and appointed in the reserve grade held by the officer 
as a reserve officer of the Air Force immediately before 
the appointment of that officer as adjutant general or 
assistant adjutant general, if the officer is qualified and 
applies for that appointment; or 
"(C) be discharged from the officer's reserve appoint-
ment. 
"(c) CREDIT FOR SERVICE IN GRADE.—An officer who is appointed 
under subsection (a)(3) or (b)(2)(B) shall be credited with an amoimt 
of service in the grade in which appointed that is equal to the 
amount of prior service in an active status in that grade and 
in any higher grade. 
"§ 14315. Position vacancy promotions: Army and Air Force 
officers 
"(a) OFFICERS ELIGIBLE FOR CONSIDERATION FOR VACANCY PRO-
MOTIONS BELOW BRIGADIER GENERAL.—A reserve officer of the 
Army who is in the Army Reserve, or a Reserve officer of the 
Air Force who is in the Air Force Reserve, who is on the reserve 
active-status list in the grade of first lieutenant, captain, major, 
or lieutenant colonel is eligible for consideration for promotion 
to the next higher grade under this section if each of the following 
applies: 
"(1) The officer is occupying or, as determined by the Sec-
retary concerned, is available to occupy a position in the same 
competitive category as the officer and for which a grade higher 
than the one held by that officer is authorized. 
"(2) The officer is fully qualified to meet all requirements 
for the position as established by the Secretary of the military 
department concerned. 
"(3) The officer has held the officer's present grade for 
the minimum period of service prescribed in section 14303 
of this title for eligibility for consideration for promotion to 
the higher grade. 
"(b) CONSIDERATION FOR VACANCY PROMOTION TO BRIGADIER 
GENERAL OR MAJOR GENERAL.—(1) A reserve officer of the Army 
who is in the Army Reserve and on the reserve active-status list 
in the grade of colonel or brigadier general may be considered 
for promotion to the next higher grade under this section if the 
officer (A) is assigned to the duties of a general officer of the 
next higher reserve grade in a unit of the Army Reserve organized 
to serve as a unit, (B) has held the officer's present grade for 
the minimum period of service prescribed in section 14303 of this 
title for eligibility for consideration for promotion to the higher 
grade, and (C) meets the standards for consideration prescribed 
by the Secretary of the Army. 
"(2) A reserve officer of the Air Force who is in the Air Force 
Reserve and on the reserve active-status list in the grade of colonel 
or brigadier general may be considered for promotion to the next 
higher grade under this section if the officer (A) is assigned to 
the duties of a general officer of the next higher reserve grade, 
and (B) meets the standards for consideration prescribed by the 
Secretary of the Air Force. 
108 STAT. 2944 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(c) VACANCY PROMOTION BOARDS.—Consideration for pro-
motion under this section shall be by a vacancy promotion board 
convened under section 14101(a) of this title. 
"(d) EFFECT OF NONSELECTION.—^An officer who is considered 
for promotion under this section and is not selected shall not 
be considered to have failed of selection for promotion. 
"(e) SPECIAL RULE FOR OFFICERS FAILED OF SELECTION.—A 
reserve officer of the Army or the Air Force who is considered 
as failed of selection for promotion under section 14501 of this 
title to a grade may be considered for promotion under this section 
or, if selected, promoted to that grade only if the Secretary of 
the mihtary dep£irtment concerned finds that the officer is the 
only qualified officer available to fill the vacancy. The Secretsiry 
concerned may not delegate the authority under the preceding 
sentence. 
*
*
§ 14316. Army National Guard and Air National Guard: 
appointment to and Federal reco^ition in a 
higher reserve grade after selection for pro-
motion 
"(a) OPPORTUNITY FOR PROMOTION To FILL A VACANCY IN THE 
GUARD.—If an officer of the Army National Guard of the United 
States or the Air National Guard of the United States is rec-
ommended by a mandatory selection board convened under section 
14101(a) or a special selection board convened under section 14502 
of this title for promotion to the next higher grade, an opportunity 
shall be given to the appropriate authority of the State to promote 
that officer to fill a vacancy in the Army National Guard or the 
Air National Gusird of that jurisdiction. 
"(b) AUTOMATIC FEDERAL RECOGNITION.—An officer of the Army 
Nationsd Guard of the United States or the Air National Guard 
of the United States who is on a promotion list for promotion 
to the next higher grade as a result of selection for promotion 
as described in subsection (a) and who before the date of promotion 
is appointed in that higher grade to fill a vacancy in the Army 
National Guard or Air National Guard shall— 
"(1) be extended Federal recognition in that grade, without 
the examination prescribed in section 307 of title 32; and 
\ 
"(2) subject to section 14311(e) of this title, be promoted 
to that reserve grade effective on the date of the officer's 
appointment in that grade in the Army National Guard or 
Air National Guard. 
"(c) NATIONAL GUARD OFFICERS FAILED OF SELECTION.—An 
officer who is considered as failed of selection for promotion under 
section 14501 of this title to a grade may be extended Federal 
recognition in that grade only if the Secretary of the military 
department concerned finds that the officer is the only qualified 
officer available to fill a vacancy. The Secretary concerned may 
not delegate the authority under the preceding sentence. 
"(d) TRANSFER TO ARMY RESERVE OR AIR FORCE RESERVE.— 
If, on the date on which an officer of the Army National Guard 
of the United States or of the Air National Guard of the United 
States who is on a promotion list as described in subsection (a) 
is to be promoted, the officer has not been promoted to fill a 
vacancy in the higher grade in the Army National Guard or the 
Air National Guard, the officer's Federal recognition in the officer's 
reserve grade shall be withdrawn and the officer shall be promoted 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2945 
and transferred to the Army Reserve or the Air Force Reserve 
as appropriate. 
*'§ 14317. Officers in transition to and from the active-status 
list or active-duty list 
"(a) 
EFFECT OF TRANSFER TO INACTIVE STATUS OR RETIRED 
STATUS.—If a reserve officer on the reserve active-status hst is 
transferred to an inactive status or to a retired status after having 
been recommended for promotion to a higher grade under this 
chapter or chapter 36 of this title, or after having been found 
qualified for Federal recognition in the higher grade under title 
32, but before being promoted, the officer— 
"(1) shall be treated as if the officer had not been considered 
and recommended for promotion by the selection board or exam-
ined and been found qualified for Federal recognition; and 
"(2) may not be placed on a promotion list or promoted 
to the higher grade after returning to an active status, 
unless the officer is again recommended for promotion by a selection 
board convened under chapter 36 of this title or section 14101(a) 
or 14502 of this title or examined for Federal recognition under 
title 32. 
"(b) EFFECT OF PLACEMENT ON ACTIVE-DUTY LIST.—A reserve 
officer who is on a promotion list as a result of selection for pro-
motion by a mandatory promotion board convened under section 
14101(a) or a special selection board convened under section 14502 
of this title and who before being promoted is placed on the active-
duty list of the same armed force and placed in the same competitive 
category shall, under regulations prescribed by the Secretary of 
Defense, be placed on an appropriate promotion list for officers 
on the active-duty list established under chapter 36 of this title. 
"(c) OFFICERS ON A PROMOTION LIST REMOVED FROM ACTIVE-
DUTY LIST.—^An officer who is on the active-duty list and is on 
a promotion list as the result of selection for promotion by a selec-
tion board convened under chapter 36 of this title and who before 
being promoted is removed from the active-duty list and placed 
on the reserve active-status list of the same armed force and in 
the same competitive category (including a regular officer who 
on removal from the active-duty list is appointed as a reserve 
officer and placed on the reserve active-status list) shall, luider 
regulations prescribed by the Secretary of Defense, be placed on 
an appropriate promotion list established under this chapter. 
"(d) OFFICERS SELECTED FOR POSITION VACANCIES.—If a reserve 
officer is ordered to active duty (other than active duty for training) 
or full-time National Guard duty (other than full-time National 
Guard duty for training only) after being recommended for pro-
motion luider section 14314 of this title to fill a position vacancy 
or examined for Federal recognition under title 32, and before 
being promoted to fill that vacancy, the officer shall not be promoted 
while serving such active duty or full-time National Guard duty 
imless the officer is ordered to active duty as a member of the 
unit in which the vacancy exists when that xmit is ordered to 
active duty. If, imder this subsection, the name of an officer is 
removed from a list of officers recommended for promotion, the 
officer shall be treated as if the officer had not been considered 
for promotion or examined for Federal recognition. 
"(e) Under regulations prescribed by the Secretary of the mill- Regulations, 
tary depsirtment concerned, a reserve officer who is not on the 
108 STAT. 2946 
PUBLIC LAW 103-337—OCT. 5, 1994 
active-duty list and who is ordered to active duty in time of war 
or national emergency may, if eligible, be considered for promotion 
by a mandatory promotion boEird" convened under section 14101(a) 
or a special selection board convened imder section 14502 of this 
title for not more than two years from the date the officer is 
ordered to active duty unless the President suspends the operation 
of this section imder the provisions of section 10213 or 644 of 
this title. 
"CHAPTER 1407—FAILURE OF SELECTION FOR 
PROMOTION AND INVOLUNTARY SEPARATION 
"Sec. 
"14501. Failure of selection for promotion. 
"14502. Special selection boards: correction of errors. 
"14503. Discharge of officers with less than five years of commissioned service or 
found not qualified for promotion to first lieutenant or lieutenant (junior 
grade). 
"14504. Effect of failure of selection for promotion: reserve first lieutenants of the 
Army, Air Force, and Marine Corps and reserve lieutenants (junior 
grade) of the Navy. 
"14505. Effect of failure of selection for promotion: reserve captains of the Army, Air 
Force, and Marine Corps and reserve lieutenants of the Navy. 
"14506. Effect of failure of selection for promotion: reserve majors of the Army, Air 
Force, and Marine Corps and lieutenant commanders of the Navy. 
"14507. Removal from the active-status list for years of service: reserve lieutenant 
colonels and colonels of the Army, Air Force, and Marine Corps and re-
serve commanders and captains of the Navy. 
"14508. Removal fi:om the reserve active-status list for years of service: reserve gen-
eral Emd flag officers. 
"14509. Separation at age 60: reserve officers below brigadier general or rear admi-
ral (lower half). 
"14510. Separation at age 60: reserve brigadier generals and rear admirals (lower 
half). 
"14511. Separation at age 62: major generals and rear admirals. 
"14512. Separation at age 64: officers holding certain offices. 
"14513. Separation for milure of selection of promotion. 
"14514. Discharge or retirement for years of service or after selection for early 
removal. 
"14515. Discharge or retirement for age. 
"14516. Separation to be considered involuntary. 
"14517. Entitlement of officers discharged under this chapter to separation pay. 
"§ 14501. Failure of selection for promotion 
"(a) An officer on the reserve active-status Ust in a grade 
below the grade of colonel or, in the case of an officer in the 
Nav£j Reserve, captain who is in or above the promotion zone 
established for that officer's grade and competitive category and 
who (1) is considered but not recommended for promotion (other 
than by a vacancy promotion board), or (2) declines to accept a 
E
romotion for which selected (other than by a vacancy promotion 
oard), shall be considered to have failed of selection for promotion. 
"(b) OFFICERS TWICE FAILED OF SELECTION.—An officer shall 
be considered for all purposes to have twice failed of selection 
for promotion if any of the following applies: 
"(1) The officer is considered but not recommended for 
promotion a second time by a mandatory promotion board con-
vened under section 14101(a) or a special selection board con-
vened under section 14502(a) of this title. 
"(2) The officer declines to accept a promotion for which 
recommended by a mandatory promotion board convened under 
section 14101(a) or a special selection board convened under 
section 14502(a) or 14502(b) of this title after previously faiUng 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2947 
of selection or after the officer's name was removed from the 
report of a selection board under section 14111(b) or from 
a promotion list under section 14310 of this title after rec-
ommendation for promotion by an earlier selection board 
described in subsection (a). 
"(3) The officer's name has been removed from the report 
of a selection board under section 14111(b) or from a promotion 
list under section 14310 of this title after recommendation 
by a mandatory promotion board convened under section 
14101(a) or by a special selection board convened under section 
14502(a) or 14502(b) of this title and— 
"(A) the officer is not recommended for promotion by 
the next mandatory promotion board convened under sec-
tion 14101(a) or special selection board convened under 
section 14502(a) of this title for that officer's grade and 
competitive category; or 
"(B) the officer's name is again removed from the report 
of a selection board under section 14111(b) or from a pro-
motion list under section 14310 of this title. 
''§ 14502. Special selection boards: correction of errors 
"(a) OFFICERS NOT CONSIDERED BECAUSE OF ADMINISTRATIVE 
ERROR.—(1) In the case of an officer or former officer who the 
Secretary of the military department concerned determines was 
not considered for selection for promotion from in or above the 
promotion zone by a mandatory promotion board convened under 
section 14101(a) of this title because of administrative error, the 
Secretary concerned shall convene a special selection board under 
this subsection to determine whether such officer or former officer 
should be recommended for promotion. Any such board shall be 
convened under regulations prescribed by the Secretary of Defense 
and shall be appointed and composed in accordance with section 
14102 of this title and shall include the representation of competi-
tive categories required by that section. The members of a board 
convened under this subsection shall be required to take an oath 
in the same manner as prescribed in section 14103 of this title. 
"(2) A special selection board convened under this subsection 
shall consider the record of the officer or former officer as that 
record would have appeared to the promotion board that should 
have considered the officer or former officer. That record shall 
be compared v/ith a sampling of the records of those officers of 
the same grade and competitive category who were recommended 
for promotion and those officers of the same grade and competitive 
category who were not recommended for promotion by that board. 
"(3) If a special selection board convened under paragraph 
(1) does not recommend for promotion an officer or former officer 
in a grade below the grade of colonel or, in the case of an officer 
or former officer of the Navy, captain, whose name was referred 
to it for consideration, the officer or former officer shall be consid-
ered to have failed of selection for promotion. 
"(b) 
OFFICERS CONSIDERED BUT NOT SELECTED; MATERIAL 
ERROR.—(1) In the case of an officer or former officer who was 
eligible for promotion and was considered for selection for promotion 
from in or above the promotion zone under this chapter by a 
selection board but was not selected, the Secretary of the military 
department concerned may, under regulations prescribed by the 
Secretary of Defense, convene a special selection board under this 
108 STAT. 2948 
PUBLIC LAW 103-337—OCT. 5, 1994 
subsection to determine whether the officer or former officer should 
be recommended for promotion, if the Secretary determines that— 
"(A) the action of the selection board that considered the 
officer or former officer was contrary to law or involved material 
error of fact or material administrative error; or 
"(B) the selection board did not have before it for its consid-
eration material information. 
"(2) A special selection board convened under paragraph (1) 
shall be appointed and composed in accordance with section 14102 
of this title (including the representation of competitive categories 
required by that section), and the members of such a board sheill 
take an oath in the same manner as prescribed in section 14103 
of this title. 
"(3) Such board shall consider the record of the officer or 
former officer as that record, if corrected, would have appeared 
to the selection board that considered the officer or former officer. 
That record shall be compared with a sampling of the records 
of those officers of the same grade and competitive category who 
were recommended for promotion and those officers of the S£ime 
grade and competitive category who were not recommended for 
promotion by that board. 
"(4) If a special selection board convened under paragraph 
(1) does not recommend for promotion an officer or former officer 
in the grade of lieutenant colonel or commander or below whose 
name was referred to it for consideration, the officer or former 
officer shall be considered to have failed of selection for promotion 
by the board which did consider the officer but incurs no additional 
failure of selection for promotion from the action of the special 
selection board. 
"(c) REPORT.—Each special selection board convened under this 
section shall submit to the Secretary of the military department 
concerned a written report, signed by each member of the board, 
containing the name of each officer it recommends for promotion 
and certifying that the board has considered carefully the record 
of each officer whose name was referred to it. 
"(d) APPLICABLE PROVISIONS.—The provisions of sections 14104, 
14109, 14110, and 14111 of this title apply to the report and 
proceedings of a special selection board convened under this section 
in the same m£inner as they apply to the report and proceedings 
of a promotion board convened under section 14101(a) of this title. 
"(e) 
APPOINTMENT OF OFFICERS RECOMMENDED FOR 
PRO-
MOTION.—(1) An officer whose name is placed on a promotion list 
as a result of recommendation for promotion by a special selection 
board convened under this section, shall, as soon as practicable, 
be appointed to the next higher grade in accordance with the 
law and policies which would have been applicable had he been 
recommended for promotion by the board which should have consid-
ered or which did consider him. 
"(2) An officer who is promoted to the next higher grade as 
the result of the recommendation of a special selection board con-
vened under this section shall, upon such promotion, have the 
same date of rank, the same effective date for the pay and allow-
ances of that grade, and the same position on the reserve active-
status list as the officer would have had if the officer had been 
recommended for promotion to that grade by the selection board 
which should have considered, or which did consider, the officer. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2949 
"(3) If the report of a special selection board convened under 
this section, as approved by the President, recommends for pro-
motion to the next higher grade an officer not currently eligible 
for promotion or a former officer whose name was referred to 
it for consideration, the Secretary concerned may act under section 
1552 of this title to correct the military record of the officer or 
former officer to correct an error or remove an injustice resulting 
fi'om not being selected for promotion by the board which should 
have considered, or which did consider, the officer. 
"(f) 
TIME 
LIMITS FOR CONSIDERATION.—The Secretary of Regulations. 
Defense may prescribe by regulation the circumstances under which 
consideration by a special selection board is contingent upon 
application for consideration by an officer or former officer and 
time limits within which an officer or former officer must make 
such application in order to be considered by a special selection 
board under this section. 
"(g) LIMITATION OF OTHER JURISDICTION.—NO official or court 
of the United States shall have power or jurisdiction— 
"(1) over any claim based in any way on the failure of 
an officer or former officer of the armed forces to be selected 
for promotion by a selection board convened under chapter 
1403 of this title until— 
"(A) the claim has been referred to a special selection 
board by the Secretary concerned and acted upon by that 
board; or 
"(B) the claim has been rejected by the Secretary with-
out consideration by a special selection board; or 
"(2) to grant any relief on such a claim unless the officer 
or former officer has been selected for promotion by a special 
selection board convened under this section to consider the 
officer's claim. 
"(h) JUDICIAL REVIEW.—(1) A court of the United States may 
review a determination by the Secretary concerned under subsection 
(a)(1), (b)(1), or (e)(3) not to convene a special selection board. 
If a court finds the determination to be arbitrary or capricious, 
not based on substantial evidence, or otherwise contrary to law, 
it shall remand the case to the Secretary concerned, who shall 
provide for consideration of the officer or former officer by a special 
selection board under this section. 
"(2) If a court finds that the action of a special selection board 
which considers an officer or former officer was contrary to law 
or involved material error of fact or material administrative error, 
it shall remand the case to the Secretary concerned, who shall 
provide the officer or former officer reconsideration by a new special 
selection board. 
"(i) DESIGNATION OF BOARDS.—The Secretary of the military 
department concerned may designate a promotion board convened 
under section 14101(a) of this title as a special selection board 
convened imder this section. A board so designated may function 
in both capacities. 
"§14503. Discharge of officers with less than five years of 
commissioned service or found not qualified for 
promotion to first lieutenant or lieutenant (jun-
ior grade) 
"(a) AUTHORIZED DISCHARGES.—The Secretary of the mihtary 
department concerned may discharge any reserve officer who— 
108 STAT. 2950 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(1) has less than five years of service in an active status 
as a commissioned officer; or 
"(2) is serving in the grade of second lieutenant or ensign 
and has been found not qualified for promotion to the grade 
of first lieutenant or lieutenant (junior grade). 
"(b) TIME FOR DISCHARGE.—(1) An officer described in sub-
section (a)(2)— 
"(A) may be discharged at any time after being found 
not qualified for promotion; and 
"(B) if not sooner discharged, shall be discharged at the 
end of the 18-month period beginning on the date on which 
the officer is first found not qualified for promotion. 
"(2) Paragraph (1) shall not apply if the officer is sooner pro-
moted. 
"(c) REGULATIONS.—Discharges under this section shall be made 
under regulations prescribed by the Secretary of Defense and may 
be made without regard to section 12645 of this title. 
"§ 14504. Effect of failure of selection for promotion: reserve 
first lieutenants of the Army, Air Force, and 
Marine Corps and reserve lieutenants (junior 
grade) of the Navy 
"(a) GENERAL RULE.—^A first lieutenant on the reserve active-
status list of the Army, Air Force, or Marine Corps or a lieutenant 
(junior grade) on the reserve active-status list of the Navy who 
has failed of selection for promotion to the next higher grade for 
the second time and whose name is not on a list of officers rec-
ommended for promotion to the next higher grade shall be separated 
in accordance with section 14513 of this title not later than the 
first day of the seventh month after the month in which the Presi-
dent approves the report of the board which considered the officer 
for the second time. 
"(b) EXCEPTIONS.—Subsection (a) does not apply (1) in the case 
of an officer retained as provided by regulation of the Secretary 
of the military department concerned in order to meet planned 
mobilization needs for a period not in excess of 24 months beginning 
with the date on which the President approves the report of the 
selection board which resulted in the second failure, or (2) as 
provided in section 12646 or 12686 of this title. 
*
*
§ 14505. Efifect of failure of selection for promotion: reserve 
captains of the Army, Air Force, and Marine 
Corps and reserve lieutenants of the Navy 
"Unless retained as provided in section 12646 or 12686 of 
this title, a captain on the reserve active-status list of the Army, 
Air Force, or Marine Corps or a lieutenant on the reserve active-
status list of the Navy who has failed of selection for promotion 
to the next higher grade for the second time and whose name 
is not on a list of officers recommended for promotion to the next 
higher grade and who has not been selected for continuation on 
the reserve active-status list under section 14701 of this title, shall 
be separated in accordance with section 14513 of this title not 
later than the first day of the seventh month after the month 
in which the President approves the report of the board which 
considered the officer for the second time. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2951 
"§ 14506. Effect of failure of selection for promotion: reserve 
majors of the Army, Air Force and Marine Corps 
and reserve lieutenant commanders of the Navy 
"Unless retained as provided in section 12646, 12686, 14701, 
or 14702 of this title, each reserve officer of the Army, Navy, 
Air Force, or Marine Corps who holds the grade of major or lieuten-
ant commander who has failed of selection to the next higher 
grade for the second time and whose name is not on a list of 
officers recommended for promotion to the next higher grade shall, 
if not earlier removed from the reserve active-status list, be removed 
jfrom that list in accordance with section 14513 of this title on 
the first day of the month after the month in which the officer 
completes 20 years of commissioned service. 
"§ 14507. Removal from the reserve active-status list for years 
of 
service: 
reserve 
lieutenant 
colonels and 
colonels of the Army, Air Force, and Marine 
Corps and reserve commanders and captains of 
the Navy 
"(a) LIEUTENANT COLONELS AND COMMANDERS.—Unless contin-
ued on the reserve active-status list under section 14701 or 14702 
of this title or retained as provided in section 12646 or 12686 
of this title, each reserve officer of the Army, Navy, Air Force, 
or Marine Corps who holds the grade of lieutenant colonel or 
commander and who is not on a list of officers recommended for 
promotion to the next higher grade shall (if not earlier removed 
from the reserve active-status list) be removed from that list under 
section 14514 of this title on the first day of the month after 
the month in which the officer completes 28 years of commissioned 
service. 
"(b) COLONELS AND NAVY CAPTAINS.—Unless continued on the 
reserve active-status list under section 14701 or 14702 of this 
title or retained as provided in section 12646 or 12686 of this 
title, each reserve officer of the Army, Air Force, or Marine Corps 
who holds the grade of colonel, and each reserve officer of the 
Navy who holds the grade of captain, and who is not on a list 
of officers recommended for promotion to the next higher grade 
shall (if not earlier removed from the reserve active-status list) 
be removed from that list under section 14514 of this title on 
the first day of the month after the month in which the officer 
completes 30 years of commissioned service. This subsection does 
not apply to the adjutant general or assistant adjutants general 
of a State. 
"§ 14508. Removal from the reserve active-status list for years 
of service: reserve general and flag officers 
"(a) THIRTY YEARS SERVICE OR FIVE YEARS IN GRADE.—-Unless 
retired, treinsferred to the Retired Reserve, or discharged at an 
earlier date, each reserve officer of the Army, Air Force, or Marine 
Corps in the grade of brigadier general who has not been rec-
ommended for promotion to the grade of major general, £ind each 
reserve officer of the Navy in the grade of rear admiral (lower 
half) who has not been recommended for promotion to rear admiral 
shall, 30 days after completion of 30 years of commissioned service 
or on the fifth anniversary of the date of the officer's appointment 
in the grade of brigadier general or rear admiral (lower half), 
108 STAT. 2952 
PUBLIC LAW 103-337—OCT. 5, 1994 
whichever is later, be separated in accordance with section 14514 
of this title. 
"(b) THIRTY-FIVE YEARS SERVICE OR FIVE YEARS IN GRADE.— 
Unless retired, transferred to the Retired Reserve, or discheirged 
at an earlier date, each reserve officer of the Army, Air Force, 
or Marine Corps in the grade of major general, and each reserve 
ofBcer of the Navy in the grade of rear admiral, shall, 30 days 
after completion of 35 years of commissioned service or on the 
fifth anniversary of the date of the officer's appointment in the 
grade of major general or rear admired, whichever is later, be 
separated in accordance with section 14514 of this title. 
"(c) RETENTION OF BRIGADIER GENERALS.—A reserve officer of 
the Army or Air Force in the grade of brigadier j^eneral who would 
otherwise be removed from an active status under this subsection 
(a) may, in the discretion of the Secreteiry of the Army or the 
Secretary of the Air Force, as the case may be, be retained in 
an active status, but not later than the date on which the officer 
becomes 60 years of age. Not more than 10 officers of the Army 
and not more than 10 officers of the Air Force may be retedned 
under this subsection at any one time. 
"(d) RETENTION OF MAJOR GENERALS.—A reserve officer of the 
Army or Air Force in the grade of major general who would other-
wise be removed from an active status imder this subsection (b) 
may, in the discretion of the Secretary of the Army or the Secretary 
of the Air Force, as the case may be, be retained in £in active 
status, but not later than the date on which the officer becomes 
62 years of age. Not more than 10 officers of the Army and not 
more than 10 officers of the Air Force may be retained imder 
this subsection at any one time. 
"(e) EXCEPTION FOR STATE ADJUTANTS GENERAL AND ASSISTANT 
ADJUTANTS GENERAL.—^This section does not apply to an officer 
who is the adjutant general or assistant adjutsint general of a 
State. 
^§14509. Separation at age 60: reserve officers in grades 
below brigadier general or rear admiral (lower 
half) 
"Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps in a grade below brigadier general or rear admiral (lower 
half) who has not been recommended for promotion to the grade 
of brigadier general or rear admiral (lower half) and is not a 
member of the Retired Reserve shall, on the last day of the month 
in which that officer becomes 60 years of age, be separated in 
accordance with section 14515 of this title. 
^§14510. Separation at age 60: reserve brigadier generals 
and rear admirals (lower half) 
"Unless retired, transferred to the Retired Reserve, or dis-
charged at an earlier date, each reserve officer of the Army, Air 
Force, or Marine Corps in the grade of brigadier general who 
has not been recommended for promotion to the grade of major 
general, £ind each reserve rear admired (lower half) of the Navy 
who has not been recommended for promotion to the grade of 
rear admiral, except an officer covered by section 14512 of this 
title, shall be separated in accordance with section 14515 of this 
title on the last day of the month in which the officer becomes 
60 years of age. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2953 
^§14511. Separation at age 62: major generals and rear 
admirids 
"Unless retired, transferred to the Retired Reserve, or dis-
charged at an earUer date, each reserve officer of the Army, Air 
Force, or Marine Corps in the grade of major general and each 
reserve officer of the Navy in the grade of rear admiral, except 
£in officer covered by section 14512 of this title, shall be separated 
in accordance with section 14515 of this title on the last day 
of the month in which the officer becomes 62 years of age, 
"§ 14512. Separation at age 64: officers holding certain offices 
"(a) ARMY AND AIR FORCE.—Unless retired, transferred to the 
Retired Reserve, or discharged at an earlier date, a reserve officer 
of the Army or Air Force who is Chief of the National Guard 
Bureau, an adjutant general, or if a reserve officer of the Army, 
commanding general of the troops of a State, shall on the last 
day of the month in which the officer becomes 64 years of age, 
be separated in accordance with section 14515 of this title. 
"(b) NAVY AND MARINE CORPS.—The Secretary of the Navy 
may defer the retirement under section 14510 or 14511 of a reserve 
officer of the Navy in a grade above captain or a reserve officer 
of the Marine Corps in a grade above colonel £ind retain the officer 
in an active status until the officer becomes 64 years of age. Not 
more than 10 officers may be so deferred at any one time, distrib-
uted between the Naval Reserve and the Marine Corps Reserve 
as the Secretary determines. 
^§ 14513. Separation for failure of selection of promotion 
"Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status and whose removal from an 
active status or from a reserve active-status list is required by 
section 14504, 14505, or 14506 of this title shall (unless the officer's 
separation is deferred or the officer is continued in an active status 
under another provision of law) not later than the date specified 
in those sections— 
"(1) be transferred to an inactive status if the Secretary 
concerned determines that the officer has skills which may 
be required to meet the mobilization needs of the officer's 
armed force; 
"(2) be transferred to the Retired Reserve, if the officer 
is qualified and applies for such transfer; or 
"(3) if the officer is not transferred to an inactive status 
or to the Retired Reserve, be discharged from the officer's 
reserve appointment. 
"§ 14514. Discharge or retirement for years of service or after 
selection for early removal 
"Each reserve officer of the Army, Navy, Air Force, or Msirine 
Corps who is in an active status and who is required to be removed 
from an active status or from a reserve active-status list, as the 
case may be, under section 14507, 14508, 14704, or 14705 of this 
title (unless the officer is sooner separated or the officer's separation 
is deferred or the officer is continued in an active status imder 
another provision of law), in accordance with those sections, shall— 
"(1) be transferred to the Retired Reserve, if the officer 
is qualified and applies for such transfer; or 
108 STAT. 2954 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(2) if the officer is not qualified or does not apply for 
such transfer, be discharged from the officer's reserve appoint-
ment. 
*
*
§ 14515. Discharge or retirement for age 
"Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status or on an inactive status list 
and who reaches the maximum age specified in section 14509, 
14510, 14511, or 14512 of this title for the officer's grade or position 
shall (imless the officer is sooner separated or the officer's separa-
tion is deferred or the officer is continued in an active status 
under another provision of law) not later than the last day of 
the month in which the officer reaches that maximum age— 
"(1) be transferred to the Retired Reserve, if the officer 
is qualified and applies for such transfer; or 
"(2) if the officer is not qualified or does not apply for 
tr£insfer to the Retired Reserve, be discharged fi-om the officer's 
reserve appointment. 
''§ 14516. Separation to be considered involuntary 
"The separation of an officer pursuant to section 14513, 14514, 
or 14515 of this title shsdl be considered to be an involuntary 
separation for purposes of any other provision of law. 
*'§ 14517. Entitlement of officers discharged under this chap-
ter to separation pay 
"An officer who is discharged under section 14513, 14514, or 
14515 of this title is entitled to separation pay under section 1174 
of this title if otherwise eligible under that section. 
**CHAPTER 1409—CONTINUATION OF OFFICERS 
ON THE RESERVE ACTIVE-STATUS LIST AND 
SELECTIVE EARLY REMOVAL 
"Sec. 
"14701. Selection of officers for continuation on the reserve active-status list. 
"14702. Retention on reserve active-status list of certain officers until age 60. 
"14703. Authority to retain chaplains and officers in medical specialties until speci-
fied age. 
"14704. Selective early removal from the reserve active-status list. 
"14705. Selective early retirement: reserve general and flag officers of the Navy and 
Marine Corps. 
"14706. Computation of total years of service. 
"§ 14701. Selection of officers for continuation on the reserve 
active-status list 
"(a) CONSIDERATION FOR CONTINUATION.—(1) Upon appHcation, 
a reserve officer of the Army, Navy, Air Force, or Marine Corps 
who is required to be removed from the reserve active-status list 
under section 14505, 14506, or 14507 of this title may, subject 
to the needs of the service and to section 14509 of this title, 
be considered for continuation on the reserve active-status list 
by a selection board convened under section 14101(b) of this title. 
"(2) A reserve officer who holds the grade of captain in the 
Army, Air Force, or Marine Corps or the grade of lieutenant in 
the Navy and who is subject to separation under section 14513 
of this title may not be continued on the reserve active-status 
list under this subsection for a period which extends beyond the 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2955 
last day of the month in which the officer completes 20 years 
of commissioned service. 
"(3) A reserve officer who holds the grade of major or lieutenant 
commander and who is subject to separation under section 14513 
of this title may not be continued on the reserve active-status 
list under this subsection for a period which extends beyond the 
last day of the month in which the officer completes 24 years 
of commissioned service. 
"(4) A reserve officer who holds the grade of lieutenant colonel 
or commander and who is subject to separation under section 14514 
of this title may not be continued on the reserve active-status 
list under this subsection for a period which extends beyond the 
last day of the month in which the officer completes 33 years 
of commissioned service. 
"(5) A reserve officer who holds the grade of colonel in the 
Army, Air Force, or Marine Corps or the grade of captain in the 
Navy Eind who is subject to separation under section 14514 of 
this title may not be continued on the reserve active-status list 
under this subsection for a period which extends beyond the last 
day of the month in which the officer completes 35 years of commis-
sioned service. 
"(6) An officer who is selected for continuation on the reserve 
active-status list as a result of the convening of a selection board 
under section 14101(b) of this title but who declines to continue 
on that list shall be separated in accordance with section 14513 
or 14514 of this title, as the case may be. 
"(7) Each officer who is continued on the reserve active-status 
list under this section, who is not subsequently promoted or contin-
ued on the active-status list, and whose name is not on a list 
of officers recommended for promotion to the next higher grade 
shall (unless sooner separated under another provision of law) 
be sepsirated in accordance with section 14513 or 14514 of this 
title, as appropriate, upon the expiration of the period for which 
the officer was continued on the reserve active-status list. 
"(b) APPROVAL OF SECRETARY CONCERNED.—Continuation of an 
officer on the reserve active-status list under this section pursuant 
to action of a continuation board convened under section 14101(b) 
of this title is subject to the approval of the Secretary of the 
military department concerned. 
"(c) INSTRUCTIONS TO CONTINUATION BOARDS.—A continuation 
board convened under section 14101(b) of this title to consider 
officers for continuation on the reserve active-status list under 
this section shall act in accordance with the instructions and direc-
tions provided to the board by the Secretary of the military depart-
ment concerned. 
"(d) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for the administration of tins section. 
'^§14702. Retention on reserve active-status list of certain 
officers until age 60 
"(a) RETENTION.—Notwithstanding the provisions of section 
14506 or 14507 of this title, the Secretary of the military department 
concerned may, with the officer's consent, retain on the reserve 
active-status list an officer in the grade of major, lieutenant colonel, 
or colonel who is— 
79-194 O—95—11 : QL 3 Part 4 
108 STAT. 2956 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(1) an officer of the Army National Guard of the United 
States and assigned to a headquarters or headquarters detach-
ment of a State; or 
"(2) a reserve officer of the Army or Air Force who, as 
a condition of continued employment as a National Guard or 
Reserve techniciEin is required by the Secretary concerned to 
maintain membership in a Selected Reserve unit or organiza-
tion. 
"(b) SEPARATION AT AGE 60.—An officer may be retained under 
this section only so long as the officer continues to meet the condi-
tions of subsection (a)(1) or (a)(2). An officer may not be retained 
imder this section after the last day of the month in which the 
officer becomes 60 years of age. 
"§ 14703. Authority to retain chaplains and officers in medi-
cal specialties until specified age 
Regulations. 
"(a) RETENTION.—Notwithstanding any provision of chapter 
1407 of this title and except for officers referred to in sections 
14503, 14504, 14505, and 14506 of this title and imder regulations 
prescribed by the Secretary of Defense— 
"(1) the Secretary of the Army may, with the officer's 
consent, retain in an active status any reserve officer assigned 
to the Medical Corps, the Dental Corps, the Veterinary Corps, 
the Medical Services Corps (if the officer has been designated 
as allied health officer or biomedical sciences officer in that 
Corps), the Optometry Section of the Medical Services Corps, 
the Chaplains, the Army Nurse Corps, or the Army Medical 
Specialists Corps; 
"(2) the Secretary of the Navy may, with the officer's con-
sent, retain in an active status any reserve officer appointed 
in the Medical Corps, Dental Corps, Nurse Corps, or Chaplain 
Corps or appointed in the Medical Services Corps and des-
ignated to perform as a veterinarian, optometrist, podiatrist, 
allied health officer, or biomedical sciences officer; and 
"(3) the Secretary of the Air Force may, with the officer's 
consent, retain in an active status any reserve officer who 
is designated as a medical officer, dental officer, veterinary 
officer, Air Force nurse, or chaplain or who is designated as 
a biomedical sciences officer and is qualified for service as 
a veterinarian, optometrist, or podiatrist. 
"(b) SEPARATION AT SPECIFIED AGE.—An officer may not be 
retained in active status under this section later than the date 
on which the officer becomes 67 years of age (or, in the case 
of a reserve officer of the Army in the Chaplains or a reserve 
officer of the Air Force designated as a chaplain, 60 years of age). 
"§14704. Selective early removal from the reserve active-
status list 
"(a) 
BOARDS TO RECOMMEND OFFICERS FOR REMOVAL FROM 
RESERVE ACTIVE-STATUS LIST.—^Whenever the Secretary of the mili-
tary department concerned determines that there are in any reserve 
component under the jurisdiction of the Secretary too many officers 
in any grade and competitive category who have at least 30 years 
of service computed under section 14706 of this title or at least 
20 years of service computed under section 12732 of this title, 
the Secretary may convene a selection board under section 14101(b) 
of this title to consider all officers on that list who are in that 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2957 
grade and competitive category, and who have that amount of 
service, for the purpose of recommending officers by name for 
removal from the reserve active-status list, in the number specified 
by the Secretary by each grade and competitive category. 
"(b) SEPARATION OF OFFICERS SELECTED.—In the case of an 
officer recommended for separation in the report of a board under 
subsection (a), the Secretary may separate the officer in accordance 
i;, 
with section 14514 of this title. 
"(c) REGULATIONS.—The Secretary of the military department 
concerned shall prescribe regulations for the administration of this 
section. 
"§ 14705. Selective early retirement: reserve general and flag 
officers of the Navy and Marine Corps 
"(a) AUTHORITY TO CONSIDER.—An officer in the Naval Reserve 
in an active status serving in the grade of rear admiral (lower 
half) or rear admiral and an officer in the Marine Corps Reserve 
in an active status serving in the grade of brigadier general or 
major general may be considered for early retirement whenever 
the Secretary of the Navy determines that such action is necessary. 
"(b) BOARDS.—If the Secretary of the Navy determines that 
consideration for early retirement under this section is necessary, 
the Secretary shall convene a board under section 14101(b) of 
this title to recommend an appropriate number of officers for early 
retirement. 
"(c) SEPARATION UNDER SECTION 14514.—An officer selected 
for early retirement under this section shall be separated in accord-
ance with section 14514 of this title. 
'^§ 14706. Computation of total years of service 
"For the purpose of this chapter and chapter 1407 of this 
title, a reserve officer's years of service include all service, other 
than constructive service, of the officer as a commissioned officer 
of any uniformed service (other than service as a warrant officer). 
"CHAPTER 1411—ADDITIONAL PROVISIONS 
RELATING TO INVOLUNTARY SEPARATION 
"Sec. 
"14901. Separation of chaplains for loss of professional qualifications. 
"14902. Separation for substandard performance and for certain other reasons. 
"14903. Boards of inquiry. 
"14904. Rights and procedures. 
"14905. Officer considered for removal: retirement or discharge. 
"14906. Officers eligible to serve on boards. 
"14907. Army National Guard of the United States and Air National Guard of the 
United States: discharge and withdrawal of Federal recognition of offi-
cers absent without leave. 
'^§14901. Separation of chaplains for loss of professional 
qualifications 
"(a) SEPARATION.—Under regulations prescribed by the Sec- Regulations, 
retary of Defense, an officer on the reserve active-status list who 
is appointed or desi^ated as a chaplain may, if the officer fails 
to maintain the qualifications needed to perform the professional 
function of a chaplain, be discharged. The authority under the 
preceding sentence applies without regard to the provisions of sec-
tion 12645 of this title. 
108 STAT. 2958 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(b) EFFECT OF SEPARATION.—If an officer separated under 
this section is eligible for retirement, the officer may be retired. 
If the officer has completed the years of service required for eligi-
bility for retired pay under chapter 1223 of this title, the officer 
may be transferred to the Retired Reserve. 
Regulations. 
^§14902. Separation for substandard performance and for 
certain other reasons 
"(a) SUBSTANDARD PERFORMANCE OF DUTY.—The Secretary of 
the military department concerned shall prescribe, by regulation, 
procedures for the review at any time of the record of any reserve 
officer to determine whether that officer should be required, because 
that officer's performance has fallen below standards prescribed 
by the Secretary concerned, to show cause for retention in an 
active status. 
"(b) MISCONDUCT, ETC.—The Secretary of the military depart-
ment concerned shall prescribe, by regulation, procedures for the 
review at any time of the record of any reserve officer to determine 
whether that officer should be required, because of misconduct, 
because of moral or professional dereliction, or because the officer's 
retention is not clearly consistent with the interests of national 
security, to show cause for retention in an active status. 
"(c) REGULATIONS.—The authority of the Secretary of a military 
department under this section shall be carried out subject to such 
limitations as the Secretary of Defense may prescribe by regulation. 
^§ 14903. Boards of inquiry 
"(a) CONVENING OF BOARDS.—The Secretary of the military 
department concerned shall convene a board of inquiry at such 
time and place as the Secretary may prescribe to receive evidence 
and review the case of any officer who has been required to show 
cause for retention in an active status under section 14902 of 
this title. Each board of inquiry shall be composed of not less 
than three officers who have the qualifications prescribed in section 
14906 of this title. 
"(b) RIGHT TO FAIR HEARING.—A board of inquiry shall give 
a fair and impartial hearing to each officer required imder section 
14902 of this chapter to show cause for retention in an active 
status. 
"(c) RECOMMENDATIONS TO SECRETARY.—If a board of inquiry 
determines that the officer has failed to establish that the officer 
should be retained in an active status, the board shaU recommend 
to the Secretary concerned that the officer not be retained in an 
active status. 
"(d) ACTION BY SECRETARY.—^After review of the recommenda-
tion of the board of inquiry, the Secretary may— 
"(1) remove the officer from an active status; or 
"(2) determine that the case be closed. 
"(e) ACTION IN CASES WHERE CAUSE FOR RETENTION IS ESTAB-
LISHED.—(1) If a board of inquiry determines that an officer has 
estabUshed that the officer should be retained in an active status 
or if the Secretary determines that the case be closed, the officer's 
case is closed. 
"(2) An officer who is required to show cause for retention 
under section 14902(a) of this title £ind whose case is closed under 
paragraph (1) may not again be required to show cause for retention 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2959 
under such subsection during the one-year period beginning on 
the date of that determination. 
"(3)(A) Subject to subparagraph (B), an officer who is required 
to show cause for retention under section 14902(b) of this title 
and whose case is closed under paragraph (1) may again be required 
to show cause for retention at any time. 
"(B) An officer who has been required to show cause for reten-
tion under section 14902(b) of this title and who is thereafter 
retained in an active status may not again be required to show 
cause for retention under such section solely because of conduct 
which was the subject of the previous proceeding, unless the rec-
ommendations of the board of inquiry that considered the officer's 
case are determined to have been obtained by fraud or collusion. 
''§ 14904. Rights and procedures 
"(a) PROCEDURAL RIGHTS.—Under regulations prescribed by the 
Regulations. 
Secretary of Defense, an officer required under section 14902 of 
this title to show cause for retention in an active status— 
"(1) shall be notified in writing, at least 30 days before 
the hearing of the officer's case by a board of inquiry, of the 
reasons for which the officer is being required to show cause 
for retention in an active status; 
"(2) shall be allowed a reasonable time, as determined 
by the board of inquiry, to prepare for showing of cause for 
retention in an active status; 
"(3) shall be allowed to appear in person and to be rep-
resented by counsel at proceedings before the board of inquiry; 
and 
"(4) shall be allowed full access to, and shall be furnished 
copies of, records relevant to the case, except that the board 
of inquiry shall withhold any record that the Secretary con-
cerned determines should be withheld in the interest of national 
security. 
"(b) SUMMARY OF RECORDS WITHHELD.—When a record is with-
held under subsection (a)(4), the officer whose case is under consid-
eration shall, to the extent that the interest of national security 
permits, be furnished a summary of the record so withheld. 
"§14905. Officer considered for removal: retirement or dis-
charge 
"(a) VOLUNTARY RETIREMENT OR DISCHARGE.—At any time dur-
ing proceedings imder this chapter with respect to the removal 
of an officer from an active status, the Secretary of the military 
department concerned may grant a request by the officer— 
"(1) for voluntary retirement, if the officer is qualified 
for retirement; 
"(2) for transfer to the Retired Reserve if the officer has 
completed the years of service required for eligibility for retired 
pay under chapter 1223 of this title and is otherwise eligible 
for transfer to the Retired Reserve; or 
"(3) for discharge in accordsmce with subsection (b)(3). 
"(b) REQUIRED RETIREMENT OR DISCHARGE.—An officer removed 
from an active status under section 14903 of this title shall— 
"(1) if eligible for voluntary retirement under any provision 
of law on the date of such removal, be retired in the grade 
and with the retired pay for which he would be eligible if 
retired under that provision; 
108 STAT. 2960 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(2) if eligible for transfer to the Retired Reserve and 
has completed the years of service required for retired pay 
under chapter 1223 of this title, be treinsferred to the Retired 
Reserve; and 
"(3) if ineligible for retirement or transfer to the Retired 
Reserve under paragraph (1) or (2) on the date of such 
removal— 
"(A) be honorably discharged in the grade then held, 
in the case of an officer whose case was brought under 
subsection (a) of section 14902 of this title; or 
"(B) be discharged in the grade then held, in the case 
of an officer whose case was brought under subsection 
(b) of section 14902 of this title. 
"(c) SEPARATION PAY.—^An officer who is discharged under sub-
section (b)(3) is entitled, if eligible therefor, to separation pay under 
section 1174(c) of this title. 
"§ 14906. Officers eligible to serve on boards 
"(a) COMPOSITION OF BOARDS.—(1) Each officer who serves on 
a board convened under this chapter shall be an officer of the 
same armed force as the officer being required to show cause 
for retention in an active status. 
"(2) An officer may not serve on a board under this chapter 
unless the officer holds a grade above lieutenant colonel or com-
mander and is senior in grade and rank to any officer considered 
by the board. 
"(b) LIMITATION.—^A person may not be a member of more 
than one board convened under this chapter to consider the same 
officer. 
"§ 14907. Army National Guard of the United States and Air 
National Guard of the United States: discharge 
and withdrawal of Federal recognition of officers 
absent without leave 
"(a) AUTHORITY TO WITHDRAW FEDERAL RECOGNITION.—If an 
officer of the Army National Guard of the United States or the 
Air National Guard of the United States has been absent without 
leave for three months, the Secretary of the Army or the Secretary 
of the Air Force, as appropriate, may— 
"(1) terminate the reserve appointment of the officer; and 
"(2) withdraw the officer's Federal recognition as an officer 
of the National Guard. 
"(b) DISCHARGE FROM RESERVE APPOINTMENT.—An officer of 
the Army National Guard of the United States or the Air National 
Guard of the United States whose Federal recognition as an officer 
of the National Guard is withdrawn under section 323(b) of title 
32 shall be discharged from the officer's appointment as a reserve 
officer of the Army or the Air Force, as the case may be.". 
PART II—CONFORMING AMENDMENTS 
SEC. 1621. DEFINITION OF RESERVE ACTIVE-STATUS LIST. 
Section 101(c) is amended by adding at the end the following 
new paragraph: 
"(7) The term 'reserve active-status list' means a single 
list for the Army, Navy, Air Force, or Marine Corps (required 
to be maintained under section 14002 of this title) that contains 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2961 
the names of all officers of that armed force except warrant 
officers (including commissioned warrant officers) who are in 
an active status in a reserve component of the Army, Navy, 
Air Force, or Marine Corps and are not on an active-duty 
Hst.". 
SEC. 1622. AUTHORITY TO SUSPE^fD OFFICER PERSONNEL LAWS DUR-
ING WAR OR NATIONAL EMERGENCY. 
(a) AUTHORITY.—Section 123 is amended to read as follows: 
10USC123. 
'^§123. Authority to suspend officer personnel laws during 
war or national emergency 
"(a) In time of war, or of national emergency declared by 
Congress or the President after November 30, 1980, the President 
\ 
may suspend the operation of any provision of law relating to 
the promotion, involuntary retirement, or separation of commis- 
-^ 
sioned officers of the Army, Navy, Air Force, Marine Corps, or 
Coast Guard Reserve. So long as such war or national emergency 
continues, any such suspension may be extended by the President. 
"(b) Any such suspension shall, if not sooner ended, end on 
the last day of the two-year period beginning on the date on which 
the suspension (or the last extension thereof) takes effect or on 
the last day of the one-year period beginning on the date of the 
termination of the war or national emergency, whichever occurs 
first. With respect to the end of any such suspension, the preceding 
sentence supersedes the provisions of title II of the National Emer-
gencies Act (50 U.S.C. 1621-1622) which provide that powers or 
authorities exercised by reason of a national emergency shall cease 
to be exercised after the date of the termination of the emergency. 
"(c) If a provision of law pertaining to the promotion of reserve 
officers is suspended under this section and if the Secretary of 
Defense submits to Congress proposed legislation to adjust the 
grades and dates of rank of reserve commissioned officers other 
than commissioned warrant officers, such proposed legislation shall, 
so far as practicable, be the same as that recommended for adjusting 
the grades and dates of rank of officers of the regular component 
of the armed force concerned.". 
(b) CONFORMING REPEAL.—Section 644 is repealed. 
SEC. 1623. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE AUTHOR-
ITY TO RECOMMEND THAT RESERVE OFFICERS CONSID-
ERED FOR PROMOTION BE REQUIRED TO SHOW CAUSE 
FOR RETENTION ON ACTIVE DUTY. 
Section 617(b) is amended— 
10 USC 617. 
(1) by inserting "or reserve" after "any regular"; and 
(2) by inserting "or 1411" after "chapter 60". 
SEC. 1624. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS 
DURING WAR OR NATIONAL EMERGENCY. 
Section 641 is amended— 
10 USC 641. 
(1) by inserting "(a)" before "Officers in the following"; 
and 
(2) by adding at the end the following: 
"(b) Under regulations prescribed by the Secretary of the mili- Regulations, 
tary department concerned, a reserve officer who is ordered to 
active duty (whether voluntarily or involuntarily) during a war 
or national emergency and who would otherwise be placed on the 
active-duty list may be excluded from that list as determined by 
108 STAT. 2962 
PUBLIC LAW 103-337—OCT. 5, 1994 
the Secretary concerned. Exclusion of an officer from the active-
duty hst as the result of action by the Secretary concerned under 
the preceding sentence shall expire not later than 24 months after 
the date on which the officer enters active duty under an order 
to active duty covered by that sentence.". 
SEC. 1625. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO 
ACTIVE DUTY. 
10 use 689. 
Section 689 is amended— 
(1) by inserting "or full-time National Guard dut/' after 
"'active duty" the first two places it appears; and 
(2) by inserting "and placed on the active-duty list" after 
"active dut/' the third place it appears. 
SEC. 1626. DATE OF RANK 
10 use 741. 
Section 741(d)(3) is amended— 
(1) by inserting "or who is transferred from an inactive 
status to an active status and placed on the active-duty list 
or the reserve active-status list" after "warrant officer (W-
5)"; 
(2) by inserting "or reserve active-status list" after "active-
duty list" the second place it appears; and 
(3) by adding at the end: "The authority to change the 
date of rank of a reserve officer who is placed on the active-
duty list to a later date does not apply in the case of an 
officer who (A) has served continuously in the Selected Reserve 
of the Ready Reserve since the officer's last promotion, or 
(B) is placed on the active-duty list while on a promotion 
list as described in section 14317(b) of this title.". 
1627. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE 
IN CASE OF OFFICERS HAVING TWICE FAILED OF SELEC-
TION FOR CAPTAIN OR NAVY LIEUTENANT. 
10 use 1005. 
Section 1005(b) is amended— 
(1) by striking out "or" at the end of paragraph (1); 
(2) by striking out the period at the end of paragraph 
(2) and inserting in lieu thereof a semicolon; and 
(3) by adding at the end the following: 
"(3) an officer on the active-duty list or reserve active-
status list who has failed of selection for promotion for the 
second time to the grade of captain, in the case of an officer 
of the Army, Air Force, or Marine Corps, or to the grade 
of lieutenant, in the case of an officer of the Navy; or 
' 
"(4) an officer whose discharge or transfer from an active 
status is required by law.". 
SEC. 1628. CONFORMING AMENDMENTS RELATING TO NAVY AND 
MARINE CORPS OFFICERS. 
10 use 6389. 
Section 6389 is amended— 
(1) in subsection (a)— 
(A) by inserting "while on the active-duty list" eifter 
"to the next higher grade"; and 
(B) by striking out the period at the end and inserting 
in lieu thereof "or released from active duty and placed 
on the reserve active-status list."; 
(2) in subsection (b), by striking out "or (f)"; 
(3) in subsection (c)-— 
(A) by inserting "(1)" after "(c)"; 
SEC. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2963 
(B) by striking out "lieutenant commander or above" 
both places it appears and inserting in lieu thereof "lieuten-
ant commander or commander"; 
(C) by striking out "major or above" both places it 
appears and inserting in lieu thereof "major or lieutenant 
colonel"; 
'" 
(D) by inserting "while on the active-duty list" after 
"to the next higher grade" in the first sentence; and 
(E) in the table— 
(i) by striking out the line relating to the grades 
of captain in the Navy and colonel in the Marine 
Corps; and 
(ii) by striking out "26 years" and inserting in 
lieu thereof "28 years"; 
(F) by designating the sentence after the table as para-
graph (2) and in that sentence striking out "the first sen-
tence of this subsection" and inserting in lieu thereof "the 
first sentence of paragraph (1)"; 
(G) by designating the next sentence as paragraph 
(3) and in that sentence striking out "the first two sentences 
of this subsection" and inserting in lieu thereof "paragraph 
(1)"; and 
(H) by designating the last sentence as paragraph (4) 
and in that sentence— 
(i) striking out "the first two sentences of this 
subsection" and inserting in lieu thereof "paragraph 
(1)"; and 
(ii) striking out "captain or"; and 
(4) by striking out subsections (e), (f), and (g), 
SEC. 1629. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS. 
(a) AEMY PROVISIONS.— 
(1) Chapter 337, relating to appointments as reserve offi-
cers (other than sections 3351 and 3352), is repealed. 
(2) Chapter 361, relating to separation for various reasons, 
is repealed. 
(3) Chapter 363, relating to separation or transfer to the 
Retired Reserve, is repealed. 
(b) NAVY AND MARINE CORPS PROVISIONS.— 
(1) Chapter 541, relating to running mates as reserve offi-
cers, is repealed. 
(2) Chapter 549, relating to reserve promotions, is repealed. 
(3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed. 
(c) AIR FORCE PROVISIONS.— 
(1) Chapter 837, relating to appointments as reserve offi-
cers (other than sections 8351 £ind 8352), is repealed. 
(2) Sections 8819 and 8820 are repealed. 
(3) Chapter 863, relating to separation or trsmsfer to the 
Retired Reserve, is repealed. 
SEC. 1630. AMENDMENTS TO TITLE 32, UNITED STATES CODE. 
Title 32, United States Code, is amended as follows: 
(1) Sections 309 and 310 are amended to read as follows: 
"§309. Federal recognition of National Guard 
officers: 
officers promoted to fill vacancies 
"Each officer of the National Guard who is promoted to fill 
a vacancy in a federally recognized unit of the National Guard, 
108 STAT. 2964 
PUBLIC LAW 103-337—OCT. 5, 1994 
Effective 
date. 
and who has been on the reserve active-status list or the active-
duty Hst of the Army or the Air Force for at least one year and 
has completed the minimum years of service in grade specified 
in section 14303 of title 10, shall be examined for Federal recogni-
tion in the grade to which the officer is promoted. 
"§310. Federal recognition of National Guard officers: auto-
matic recognition 
"(a) Notwithstanding sections 307 and 309 of this title, if a 
second lieutenant of the National Guard is promoted to the grade 
of first lieutenant to fill a vacancy in a federally recognized unit 
in the National Guard, Federal recognition is automatically 
extended to that officer in the grade of first lieutenant, effective 
as of the date on which that officer has completed the service 
in the grade specified in section 14303(a)(1) of title 10 and has 
met such other requirements as prescribed by the Secretary con-
cerned under section 14308(b) of that title, if the officsr has 
remained in an active status since the officer was so recommended. 
"(b) Notwithstanding sections 307 and 309 of this title, if an 
officer of the Army Reserve or the Air Force Reserve in a reserve 
grade above second lieutenant is appointed in the next higher 
grade in the National Guard to fill a vacancy in a federally recog-
nized unit in the National Guard, Federal recognition is automati-
cally extended to that officer in the grade in which the officer 
is so appointed in the National Guard if the officer has been 
recommended for promotion under chapter 1405 of title 10 and 
has remained in an active status since the officer was so rec-
ommended. The extension of Federal recognition under this sub-
section is effective as of the date when the officer is appointed 
in the National Guard.". 
(2) Section 323 is amended by striking out subsections 
(d) and (e) and inserting in lieu thereof the following: 
"(d) The Federal recognition of a reserve commissioned officer 
of the Army or the Air Force who is— 
"(1) federally recognized as an officer of the National Guard; 
and 
"(2) subject to involuntary transfer to the Retired Reserve, 
transfer to an inactive status list, or discharge under chapter 
1407,1409, or 1411 of title 10; 
shall, if not sooner withdrawn, be withdrawn on the date of such 
involuntary transfer or discharge.". 
Subtitle B—Other Personnel Policy 
Amendments 
10 use 510. 
10 use 591. 
PART I—APPOINTMENTS 
SEC. 1631. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF 
WOMEN IN RESERVE COMPONENTS. 
(a) ENLISTMENTS.—Section 510 is amended— 
(1) by striking out subsection (c); £ind 
(2) by redesignating subsection (d) as subsection (c). 
(b) APPOINTMENT OF OFFICERS.—Section 591 is amended— 
(1) by striking out subsection (c); and 
(2) by redesignating subsections (d) and (e) as subsections 
(c) and (d), respectively. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2965 
SEC. 1632. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF 
LIEUTENANT COLONEL AND COMMANDER. 
Section 593(a) is amended— 
10 USC 593. 
(1) in the first sentence, by striking out "Reserves in 
commissioned grades below lieutenant colonel and commander" 
and inserting in lieu thereof "reserve officers in commissioned 
grades of lieutenant colonel and commander or below"; and 
(2) in the second sentence, by striking out "Reserves in 
commissioned grades above major and lieutenant commander" 
and inserting in lieu thereof "reserve officers in commissioned 
grades above lieutenant colonel and commander". 
SEC. 1633. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN 
RESERVE COMPONENTS. 
Chapter 34 is amended by inserting after section 596 the follow-
ing new section: 
''§596a. Commissioned 
officers: 
appointment 
of 
former 
commissioned of^cers 
"Under regulations prescribed by the Secretary of Defense, 
Regulations, 
a person who is a former commissioned officer may, if otherwise 
qualified, be appointed as a reserve officer of the Army, Navy, 
Air Force, or Marine Corps. A person so appointed— 
"(1) may be placed on the reserve active-status list of 
that armed force in the grade equivalent to the permanent 
regular or reserve grade, and in the same competitive category, 
in which the person previously served satisfactorily on active 
duty or in an active status; and 
"(2) may be credited for the purpose of determining date 
of rank under section 741(d) of this title with service in grade 
equal to that held by that person when discharged or sepa-
rated.". 
SEC. 1634. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS 
IN RESERVE COMPONENTS WITH QUALIFYING EDU-
CATION OR EXPERIENCE. 
Chapter 34 is fiirther amended by inserting after section 596a 
(as added by section 1633) the following new section: 
"§596b. Commissioned officers: service credit upon original 
appointment 
"(a)(1) For the purpose of determining the grade and the rank 
within grade of a person receiving an original appointment as 
a reserve commissioned officer (other than a commissioned warrant 
officer) in the Army, Navy, Air Force, or Marine Corps, the person 
shall be credited at the time of the appointment with any commis-
sioned service (other than service as a commissioned warrant officer) 
performed before such appointment as a regular officer, or as a 
reserve officer in an active status, in any armed force, the National 
Oceanic and Atmospheric Administration, or the Public Health Serv-
ice. 
"(2) The Secretary of Defense shall prescribe regulations, which 
Regulations, 
shall apply uniformly among the Army, Navy, Air Force, and Marine 
Corps, to authorize the Secretary of the military department con-
cerned to limit the amount of prior commissioned service with 
which a person receiving an original appointment may be credited 
under paragraph (1), or to deny any such credit, in the case of 
108 STAT. 2966 
PUBLIC LAW 103-337—OCT. 5, 1994 
a person who at the time of such appointment is credited with 
constructive service under subsection (b). 
Regulations. 
"(b)(1) Under regulations prescribed by the Secretary of 
Defense, a person who is receiving an original appointment as 
a reserve commissioned officer (other than a commissioned warreint 
officer) of the Army, Navy, Air Force, or Marine Corps, or a designa-
tion in, or an assignment to, an officer category in which advanced 
education or training is required and who has advanced education 
or training, shall be credited with constructive service for such 
education, training, or experience, as follows: 
"(A) One year for each year of advanced education beyond 
the baccalaureate degree level, for persons appointed or des-
ignated in, or assigned to, officer categories requiring such 
advanced education or an advanced degree as a prerequisite 
for such appointment, designation, or assignment. In determin-
ing the number of years of constructive service to be credited 
under this subparagraph to officers in any professional field, 
the Secretary concerned shall credit an officer with, but with 
not more than, the number of years of advanced education 
required by a majority of institutions that award degrees in 
that professional field for completion of the advanced education 
or award of the advanced degree. 
"(B)(i) Credit for any period of advanced education in a 
health profession (other than medicine and dentistry) beyond 
the baccalaureate degree level which exceeds the basic edu-
cation criteria for such appointment, designation, or assign-
ment, if such advanced education will be directly used by the 
armed force concerned. 
"(ii) Credit for experience in a health profession (other 
than medicine or dentistry), if such experience will be directly 
used by the armed force concerned. 
"(C) Additional credit of (i) not more than one year for 
internship or equivalent graduate medical, dental, or other 
^ 
formal health professional training required by the armed 
forces, and (ii) not more than one year for each additional 
year of such graduate-level training or experience creditable 
toward certification in a speciality required by the armed force 
concerned. 
"(D) Additional credit, in unusual cases, based on special 
experience in a particular field. 
"(E) Additional credit for experience as a physician or den-
tist, if appointed, assigned, or designated as a medical or dental 
officer. 
"(2) If the Secretary of Defense determines that the number 
of medical or dental officers serving in an active status in a reserve 
component of the Army, Navy, or Air Force in grades below major 
or lieutenant commander is critically below tihe number needed 
by such reserve component in such grades, the Secretary of Defense 
may authorize the Secretary of the military department concerned 
to credit any person who is receiving an original appointment 
for service as a medical or dental officer with a period of constructive 
credit in such amount (in addition to any amount credited such 
person under subsection (b)) as will result in the grade of such 
{)erson being that of captain or, in the case of the Naval Reserve, 
ieutenant. 
"(3) Except as authorized by the Secretary concerned in individ-
ual cases and under regulations prescribed by the Secretary of 
•W^J^' 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2967 
Defense in the case of a medical or dental officer, the amount 
of constructive service credited an officer under this subsection 
may not exceed the amount required in order for the officer to 
be eligible for an original appointment as a reserve officer of the 
Army, Air Force, or Marine Corps in the grade of major or as 
a reserve officer of the Navy in the grade of lieutenant commander. 
"(4) Constructive service credited an officer under this sub-
section is in addition to any service credited that officer under 
subsection (a) and shall be credited at the time of the original 
appointment of the officer or assignment to or designation in an 
officer category in which advanced education or training or special 
experience is required. 
"(c) Constructive service may not be credited under subsection 
(b) for education, training, or experience obtained while serving 
as a commissioned officer (other than a warrant officer) on active 
duty or in an active status. However, in the case of an officer 
who completes advanced education or receives an advanced degree 
while on active duty or in an active status and in less than the 
number of years normally required to complete such advanced 
education or receive such advanced degree, constructive service 
may, subject to regulations prescribed under subsection (a)(2), be 
credited to the officer under subsection (b)(1)(A) to the extent that 
the number of years normally required to complete such advanced 
education or receive such advanced degree exceeds the actual num-
ber of years in which such advanced education or degree is obtained 
by the officer. 
"(d) If the Secretary of Defense determines that the number 
of qualified judge advocates serving on the active-duty list of the 
Army, Navy, Air Force, or Marine Corps in grades below lieutenant 
commander or major is critically below the number needed by 
that armed force in those grades, the Secretary of Defense may 
authorize the Secretary of the military department concerned to 
credit any person who is receiving an original appointment with 
a view to assignment to the Judge Advocate General's Corps of 
the Army or appointment to the Judge Advocate General's Corps 
of the Navy, or who is receiving an original appointment in the 
Air Force or Marine Corps with a view to designation as a judge 
advocate, with a period of constructive service in such an amount 
(in addition to any amount credited such person under subsection 
(b)) as will result in the grade of such person being that of captain 
or, in the case of the Navy, lieutenant, and the date of rank 
of such person being junior to that of all other officers of the 
same grade serving on the active-duty list. 
"(e) Constructive service credited an officer under subsection 
(b) or (d) shall be used only for determining the officer's— 
"(1) initial grade as a reserve officer; 
"(2) rank in grade; and 
"(3) service in grade for promotion eligibility. 
"(f) The grade and position on the reserve active-status list 
of a person receiving an appointment as a reserve officer who 
at the time of appointment is credited with service under this 
section shall be determined under regulations prescribed by the 
Secretary of Defense based upon the amount of service credited.". 
108 STAT. 2968 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 1635. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF 
ARMY OFFICERS TO RETIRED RESERVE. 
Effective 
(a) INTERIM REPEAL OF OBSOLETE PROVISION.—Effective for 
Terrnination 
^^^ period beginning on the date of the enactment of this Act 
date. 
and ending on the effective date specified in section 1291, section 
3853 is amended by striking out "the greater of—" and all that 
follows and inserting in lieu thereof "the sum of the following: 
"(1) The officer's years of service as a commissioned officer 
of any component of the armed forces or of the Army without 
specification of component. 
"(2) The officer's years of service in a federally recognized 
commissioned status in the National Guard if his service in 
the National Guard was continuous from the date of his Federal 
recognition as an officer in the National Guard to the date 
of his appointment in the National Guard of the United States.". 
10 use 3853 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
^°^- 
shall apply with respect to transfers to the Retired Reserve and 
to discharges on or after the date of the enactment of this Act. 
SEC. 1636. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT 
AUTHORITIES. 
(a) 
ARMY 
RESERVE 
OFFICERS 
APPOINTED 
IN 
TEMPORARY 
10 use 3352. 
GRADES.—Section 3352(a) is amended by striking out the second 
sentence. 
(b) AIR FORCE AVIATION CADETS.—Section 8356 is repealed. 
(c) REDUNDANT STATEMENT OF AUTHORITY.—Section 8379 is 
repealed. 
PART II—SEPARATION AND RETIREMENT 
SEC. 1641. COMPUTATION OF HIGHEST GRADE IN WHICH SATISFAC-
TORILY SERVED FOR RESERVE COMMISSIONED OFFI-
CERS AND FORMER OFFICERS. 
Section 1370 is amended by adding at the end the following 
new subsection: 
"(d)(1) Unless entitled to a higher grade, or to credit for satisfac-
tory service in a higher grade, under some other provision of law, 
a person who is entitled to retired pay under chapter 1225 of 
this title shall, upon application under section 12731 of this title, 
be credited with satisfactory service in the highest grade in which 
that person served satisfactorily at any time in the armed forces, 
as determined by the Secretary concerned in accordance with this 
subsection. 
"(2)(A) In order to be credited with satisfactory service in an 
officer grade (other than a warrant officer grade) below the grade 
of lieutenant colonel or commander, a person covered by paragraph 
(1) must have served satisfactorily in that grade (as determined 
by the Secretary of the military department concerned) as a reserve 
commissioned officer in an active status, or in a retired status 
on active duty, for not less than six months. 
"(B) In order to be credited with satisfactory service in an 
officer grade above major or lieutenant commander and below 
lieutenant general or vice admiral, a person covered by paragraph 
(1) must have served satisfactorily in that grade (as determined 
by the Secretary of the military department concerned) as a reserve 
commissioned officer in an active status, or in a retired status 
on active duty, for not less than three years. A person covered 
^^ 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2969 
by the preceding sentence who has completed at least six months 
of satisfactory service in grade and is transferred from an active 
status or discharged as a reserve commissioned officer solely due 
to the requirements of a nondiscretionary provision of law requiring 
that transfer or discharge due to the person's age or years of 
service may be credited with satisfactory service in the grade in 
which serving at the time of such transfer or discharge, notwith-
standing failure of the person to complete three years of service 
in that grade. 
"(3) A person whose length of service in the highest grade 
held does not meet the service in grade requirements specified 
in this subsection shall be credited with satisfactory service in 
the next lower grade in which that person served satisfactorily 
(as determined by the Secretary of the military department con-
cerned) for not less than six months.". 
Subtitle C—Reorganization and Consolida-
tion of Laws Relating to Reserve Compo-
nents 
SEC. 1661. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION 
OF RESERVE COMPONENTS. 
(a) RESERVE COMPONENTS GENERALLY.—(1) Subtitle E, as added 
by section 1611, is amended by inserting after the table of chapters 
at the beginning of the subtitle the following: 
"PART I—ORGANIZATION AND ADMINISTRATION 
"Chap. 
Sec. 
"1001. Definitions 
10001 
"1003. Reserve Components Crenerally 
10101 
"1005. Elements of Reserve Components 
10141 
"1007. Administration of Reserve Components 
10201 
"1009. Reserve Forces Policy Boards and Committees 
10301 
"1011. National Guard Bureau 
10501 
"1013. Budget Information and Annual Reports to Congress 
10541 
"CHAPTER 1001—DEFINITIONS 
"Sec 
"10001. Definition of State. 
«§ 10001. Definition of State 
"In this subtitle, the term 'State' includes the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Islands, and 
Guam. 
"CHAPTER 1003—RESERVE COMPONENTS 
GENERALLY 
"Sec. 
"10101. Reserve components named. 
"10102. Purpose of reserve components. 
"10103. Basic policy for order of National Guard into Federal service. 
"10104. Army Reserve: composition. 
"10105. Army National Guard of the United States: composition. 
"10106. Army National Guard: when a component of the Army. 
"10107. Army National Guard of the United States: status when not in Federal serv-
ice. 
108 STAT. 2970 
PUBLIC LAW 103-337—OCT. 5, 1994 
"10108. Naval Reserve: administration. 
"10109. Marine Corps Reserve: administration. 
"10110. Air Force Reserve: composition. 
"10111. Air National Guard of the United States: composition. 
"10112. Air National Guard: when a component of the Air Force. 
"10113. Air National Guard of the United States: status when not in Federal serv-
ice. 
"10114. Coast Guard Reserve. 
"§ 10101. Reserve components named 
"The reserve components of the armed forces are: 
"(1) The Army National Guard of the United States. 
"(2) The Army Reserve. 
"(3) The Naval Reserve. 
"(4) The Marine Corps Reserve. 
"(5) The Air National Guard of the United States. 
"(6) The Air Force Reserve. 
"(7) The Coast Guard Reserve. 
"§ 10102. Purpose of reserve components 
"The purpose of each reserve component is to provide trained 
units emd qualified persons available for active duty in the armed 
forces, in time of war or national emergency, and at such other 
times as the national security may require, to fill the needs of 
the armed forces whenever, during and after the period needed 
to procure and train additional units and qualified persons to 
achieve the planned mobilization, more units and persons are 
needed than are in the regular components. 
"§ 10103. Basic policy for order of the National Guard and 
reserve components to active duty 
"Whenever Congress determines that more units and organiza-
tions are needed for the national security than are in the regular 
components of the ground and air forces, the Army National Guard 
of the United States and the Air National Guard of the United 
States, or such parts of them as are needed, together with units 
of other reserve components necessary for a balanced force, shall 
be ordered to active duty and retained as long as so needed. 
"§ 10104. Army Reserve: composition 
"The Army Reserve includes all Reserves of the Army who 
are not members of the Army National Guard of the United States. 
"§ 10105. Army National Guard of the United States: composi-
tion 
"The Army National Guard of the United States is the reserve 
component of the Army that consists o
f
— 
"(1) federally recognized units and organizations of the 
Army National Guard; and 
"(2) members of the Army National Guard who are also 
Reserves of the Army. 
"§ 10106. Army National Guard: when a component of the 
Araiy 
"The Army National Guard while in the service of the United 
States is a component of the Army. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2971 
"§ 10107. Army National Guard of the United States: status 
when not in Federal service 
"When not on active duty, members of the Army National 
Guard of the United States shall be administered, armed, equipped, 
and trained in their status as members of the Army National 
Guard. 
"§ 10108. Naval Reserve: administration 
"(a) The Naval Reserve is the reserve component of the Navy. 
It shall be organized, administered, trained, and supplied under 
the direction of the Chief of Naval Operations. 
"(b) The bureaus and offices of the executive part of the Depart-
ment of the Navy have the same relation and responsibility to 
the Naval Reserve as they do to the Regular Navy. 
"§ 10109. Marine Corps Reserve: administration 
"(a) The Marine Corps Reserve is the reserve component of 
the Marine Corps. It shall be organized, administered, trained, 
and supplied under the direction of the Commandant of the Marine 
Corps. 
"(b) The departments and offices of Headquarters, Marine Corps 
have the same relation and responsibilities to the Marine Corps 
Reserve as they do to the Regular Marine Corps. 
"§ 10110. Air Force Reserve: composition 
"The Air Force Reserve is a reserve component of the Air 
Force to provide a reserve for active duty. It consists of the members 
of the officers' section of the Air Force Reserve and of the enlisted 
section of the Air Force Reserve. It includes all Reserves of the 
Air Force who are not members of the Air National Guard of 
the United States. 
"§10111. Air National Guard of the United States: composi-
tion 
"The Air National Guard of the United States is the reserve 
component of the Air Force that consists o
f
— 
"(1) federally recognized units and organizations of the 
Air National Guard; and 
"(2) members of the Air National Guard who are also 
Reserves of the Air Force. 
"§10112. Air National Guard: when a component of the Air 
Force 
"The Air National Guard while in the service of the United 
States is a component of the Air Force. 
"§10113. Air National Guard of the United States: status 
when not in Federal service 
"When not on active duty, members of the Air National Guard 
of the United States shall be administered, armed, equipped, and 
trained in their status as members of the Air National Guard. 
"§ 10114. Coast Guard Reserve 
"As provided in section 701 of title 14, the Coast Guard Reserve 
is a component of the Coast Guard and is organized, administered, 
trained, and supplied under the direction of the Commandant of 
108 STAT. 2972 
PUBLIC LAW 103-337—OCT. 5, 1994 
the Coast Guard. Laws applicable to the Coast Guard Reserve 
are set forth in chapter 21 of title 14 (14 U.S.C. 701 et seq.). 
"CHAPTER 1005—ELEMENTS OF RESERVE 
COMPONENTS 
"Sec. 
"10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and status of 
members; training categories. 
"10142. Ready Reserve generally. 
"10143. Ready Reserve: Selected Reserve. 
"10144. Ready Reserve: Individual Ready Reserve. 
"10145. Ready Reserve: placement in. 
"10146. Ready Reserve: transfer from. 
"10147. Ready Reserve: training requirements. 
: " 
? 
"10148. Ready Reserve: failure to satisfactorily perform prescribed training. 
"10149. Ready Reserve: continuous screening. 
"10150. Ready Reserve: transfer back from Standby Reserve. 
"10151. Standby Reserve: composition. 
"10152. Standby Reserve: inactive status list. 
"10153. Standby Reserve: status of members. 
"10154. Retired Reserve. 
"§ 10141. Ready Reserve; Standby Reserve; Retired Reserve: 
placement and status of members; training cat-
egories 
"(a) There are in each armed force a Ready Reserve, a Standby 
Reserve, and a Retired Reserve. Each Reserve shall be placed 
in one of those categories. 
"(b) Reserves who are on the inactive status list of a reserve 
component, or who are assigned to the inactive Army National 
Guard or the inactive Air National Guard, are in an inactive status. 
Members in the Retired Reserve are in a retired status. All other 
Reserves are in an active status. 
"(c) As prescribed by the Secretary concerned, each reserve 
component except the Army National Guard of the United States 
and the Air National Guard of the United States shall be divided 
into training categories according to the degrees of training, includ-
ing the number and duration of drills or equivalent duties to be 
completed in stated periods. The designation of training categories 
shall be the same for all armed forces and the same within the 
Ready Reserve and the Standby Reserve. 
"§ 10142. Ready Reserve 
"(a) The Ready Reserve consists of units or Reserves, or both, 
liable for active duty as provided in sections 12301 and 12302 
of this title. 
"(b) The authorized strength of the Ready Reserve is 2,900,000. 
"§ 10143. Ready Reserve: Selected Reserve 
"(a) Within the Ready Reserve of each of the reserve components 
there is a Selected Reserve. The Selected Reserve consists of units, 
and, as designated by the Secretary concerned, of Reserves, trained 
as prescribed in section 10147(a)(1) of this title or section 502(a) 
of title 32, as appropriate. 
"(b) The organization and unit structure of the Selected Reserve 
shall be approved— 
"(1) in the case of all reserve components other than the 
Coast Guard Reserve, by the Secretary of Defense based upon 
recommendations from the military departments as approved 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2973 
by the Chairman of the Joint Chiefs of Staff in accordance 
with contingency and war plans; and 
"(2) in the case of the Coast Guard Reserve, by the Sec-
retary of Transportation upon the recommendation of the Com-
mandant of the Coast Guard. 
"§ 10144. Ready Reserve: Individual Ready Reserve 
**Within the Ready Reserve of each of the reserve components 
there is an Individual Ready Reserve. The Individual Ready Reserve 
consists of those members of the Ready Reserve who are not in 
the Selected Reserve or the inactive National Guard. 
"§ 10145. Ready Reserve: placement in 
"(a) Each person required under law to serve in a reserve 
component shall, upon becoming a member, be placed in the Ready 
Reserve of his armed force for his prescribed term of service, unless 
he is transferred to the Standby Reserve under section 10146(a) 
of this title. 
"(b) The units and members of the Army National Guard of 
the United States and of the Air National Guard of the United 
States are in the Ready Reserve of the Army and the Ready Reserve 
of the Air Force, respectively. 
"(c) All Reserves assigned to units organized to serve as units 
and designated as units in the Ready Reserve are in the Ready 
Reserve. 
"(d) Under such regulations as the Secretary concerned may 
Regulations, 
prescribe, any qualified member of a reserve component or any 
qualified retired enlisted member of a regular component may, 
upon his request, be placed in the Ready Reserve. However, a 
member of the Retired Reserve entitled to retired pay or a retired 
enlisted member of a regular component may not be placed in 
the Ready Reserve unless the Secretary concerned makes a special 
finding that the member's services in the Ready Reserve are 
indispensable. The Secretary concerned may not delegate his 
authority under the preceding sentence. 
"§ 10146. Ready Reserve: transfer from 
"(a) Subject to subsection (c) and under regulations prescribed Regulations, 
by the Secretary of Defense, or by the Secretary of Transportation 
with respect to the Coast Guard when it is not operating as a 
service in the Navy, a member in the Ready Reserve may be 
transferred to the Standby Reserve. 
"(b) A Reserve who is qualified and so requests may be trans-
ferred to the Retired Reserve under regulations prescribed by the 
Secretary concerned and, in the case of the Secretary of a military 
department, approved by the Secretary of Defense. 
"(c) A member of the Army National Guard of the United 
States or the Air National Guard of the United States may be 
transferred to the Standby Reserve only with the consent of the 
governor or other appropriate authority of the State. 
"§ 10147. Ready Reserve: training requirements 
"(a) Except as specifically provided in regulations to be pre- Regulations, 
scribed by the Secretary of Defense, or by the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating 
as a service in the Navy, each person who is enlisted, inducted, 
or appointed in an armed force, and who becomes a member of 
108 STAT. 2974 
PUBLIC LAW 103-337—OCT. 5, 1994 
the Ready Reserve under any provision of law except section 513 
or 10145(b) of this title, shall be required, while in the Ready 
Reserve, to— 
"(1) participate in at least 48 scheduled drills or training 
periods during each year and serve on active duty for training 
of not less than 14 days (exclusive of traveltime) during each 
year; or 
"(2) serve on active duty for training not more than 30 
days during each year. 
"(b) A member who has served on active duty for one year 
or longer may not be required to perform a period of active duty 
for training if the first day of that period falls during the last 
120 days of the member's required membership in the Ready 
Reserve. 
"§ 10148. Ready Reserve: failure to satisfactorily perform pre-
scribed training 
Regulations. 
"(a) A member of the Ready Reserve covered by section 10147 
of this title who fails in any year to perform satisfactorily the 
training duty prescribed in that section, as determined by the 
Secretary concerned under regulations prescribed by the Secretary 
of Defense, may be ordered without his consent to perform addi-
tional active duty for training for not more than 45 days. If the 
failure occurs during the last year of his required membership 
in the Ready Reserve, his membership is extended until he performs 
that additional active duty for training, but not for more than 
six months. 
"(b) A member of the Army National Guard of the United 
States or the Air National Guard of the United States who fails 
in any year to perform satisfactorily the training duty prescribed 
by or under law for members of the Army National Guard or 
the Air National Guard, as the case may be, as determined by 
the Secretary concerned, may, upon the request of the Governor 
of the State (or, in the case of the District of Columbia, the 
commanding general of the District of Columbia National Guard) 
be ordered, without his consent, to perform additional active duty 
for training for not more than 45 days. A member ordered to 
active duty under this subsection shall be ordered to duty as a 
Reserve of the Army or as a Reserve of the Air Force, as the 
case may be. 
"§ 10149. Ready Reserve: continuous screening 
President. 
"(a) Under regulations to be prescribed by the President, the 
Regulations. 
Secretary concerned shall provide a system of continuous screening 
of units and members of the Ready Reserve to ensure the following: 
"(1) That there will be no significant attrition of those 
members or units during a mobilization. 
"(2) That there is a proper balance of military skills. 
"(3) That except for those with military skills for which 
there is an overriding requirement, members having critical 
civilian skills are not retained in numbers beyond the need 
for those skills. 
"(4) That with due regard to national security and military 
requirements, recognition will be given to participation in com-
bat. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2975 
"(5) That members whose mobihzation in an emergency 
would result in £in extreme personal or community hardship 
are not retained in the Ready Reserve. 
"(b) Under regulations to be prescribed by the Secretary of Regulations. 
Defense, and by the Secretary of Transportation with respect to 
the Coast Guard when it is not operating as a service in the 
Navy, a member of the Ready Reserve who is designated as a 
member not to be retained in the Ready Reserve as a result of 
screening under subsection (a) shall, as appropriate, be— 
"(1) transferred to the Standby Reserve; 
"(2) discharged; or 
"(3) if the member is eligible and applies therefor, trans-
ferred to the Retired Reserve. 
"§ 10150. Ready Reserve: transfer back from Standby Reserve 
"Under regulations to be prescribed by the Secretary of Defense, 
Regulations, 
and by the Secretsiry of Trsmsportation with respect to the Coast 
Guard when it is not operating as a service in the Navy, a member 
of the Steindby Reserve who has not completed his required period 
of service in the Ready Reserve may be transferred to the Ready 
Reserve when the reason for his transfer to the Standby Reserve 
no longer exists. 
*'§ 10151. Standby Reserve: composition 
"The Standby Reserve consists of those units or members, or 
both, of the reserve components, other than those in the Ready 
Reserve or Retired Reserve, who are liable for active duty only 
as provided in sections 12301 and 12306 of this title. 
"§ 10152. Standby Reserve: inactive status list 
"An inactive status list shall be maintained in the Standby 
R^ulations. 
Reserve. Whenever an authority designated by the Secretary con-
cerned considers that it is in the best interest of the armed force 
concerned, a member in the Standby Reserve who is not required 
to remain a Reserve, and who cannot participate in prescribed 
training, may, if qualified, be transferred to the inactive status 
list under regulations to be prescribed by the Secretary concerned. 
These regulations shall fix the conditions under which such a mem-
ber is entitled to be returned to an active status. 
''§ 10153. Standby Reserve: status of members 
"While in an inactive status, a Reserve is not eligible for pay 
or promotion and (as provided in section 12734(a) of this title) 
does not accrue credit for years of service under chapter 1223 
of this title. 
"§ 10154. Retired Reserve 
"The Retired Reserve consists of the following Reserves: 
"(1) Reserves who are or have been retired under section 
3911, 6323, or 8911 of this title or under section 291 of title 
14. 
"(2) Reserves who have been transferred to the Retired 
Reserve upon their request, retain their status as Reserves, 
and are otherwise qualified. 
108 STAT. 2976 
PUBLIC LAW 103-337—OCT. 5, 1994 
"CHAPTER 1007—ADMINISTRATION OF 
RESERVE COMPONENTS 
"Sec. 
"10201. Assistant Secretary of Defense for Reserve Affairs. 
"10202. Regulations. 
"10203. Reserve affairs: designation of general or flag officer of each armed force. 
"10204. Personnel records. 
"10205. Members of Individual Ready Reserve: requirement of notification of change 
of status. 
"10206. Members: periodic physical examinations. 
"10207. Mobilization forces: maintenance. 
"10208. Annual mobilization exercise. 
"10209. Regular and reserve components: discrimination prohibited. 
"10210. Dissemination of information. 
"10211. Policies and regulations: participation of reserve officers in preparation and 
administration. 
"10212. Gratuitous services of officers: authority to accept. 
"10213. Reserve components: dual membership prohibited. 
ai 
"10214. Adjutants general and assistant adjutants general: reference to other offi-
cers of National Guard. 
"10215. Officers of Army National Guard of the United States and Air National 
Guard of the United States: authority with respect to Federal status. 
"§ 10201. Assistant Secretary of Defense for Reserve A^airs 
"As provided in section 138(b)(2) of this title, the official in 
the Department of Defense with responsibility for overall super-
vision of reserve component affairs of the Department of Defense 
is the Assistant Secretary of Defense for Reserve Affairs. 
*'§ 10202. Regulations 
"(a) Subject to standards, policies, and procedures prescribed 
by the Secretary of Defense, the Secretary of each military depart-
ment shall prescribe such regulations as the Secretary considers 
necessary to carry out provisions of law relating to the reserve 
components under the Secretarjr's jurisdiction. 
"(b) The Secretary of Transportation, with the concurrence of 
the Secretary of the Navy, shall prescribe such regulations as 
the Secretary considers necessary to carry out all provisions of 
law relating to the reserve components insofar as they relate to 
the Coast Guard, except when the Coast Guard is operating as 
a service in the Navy. 
"(c) So far as practicable, regulations for all reserve components 
shall be uniform. 
^§ 10203. Reserve affairs: designation of general or flag offi-
cer of each armed force 
"(a) The Secretary of the Army may designate a general officer 
of the Army to be directly responsible for reserve affairs to the 
Chief of Staff of the Army. 
"(b) The Secretary of the Navy may designate a flag officer 
of the Navy to be directly responsible for reserve affairs to the 
Chief of Naval Operations and a general officer of the Marine 
Corps to be directly responsible for reserve affairs to the Com-
mandant of the Marine Corps. 
"(c) The Secretary of the Air Force may designate a general 
officer of the Air Force to be directly responsible for reserve affairs 
to the Chief of Staff of the Air Force. 
"(d) The Secretary of Transportation may designate a flag officer 
of the Coast Guard to be directly responsible for reserve affairs 
to the Commandant of the Coast Guard. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2977 
"(e) This section does not affect the functions of the Chief 
of the National Guard Bureau, the Chief of Army Reserve, or 
the Chief of Air Force Reserve. 
"§ 10204. Personnel records 
"(a) The Secretary concerned shall maintain adequate and cur-
rent personnel records of each member of the reserve components 
under the Secretary's jurisdiction showing the following with respect 
to the member: 
"(1) Physical condition. 
"(2) Dependency status. 
"(3) Military qualifications. 
"(4) Civilian occupational skills. 
"(5) Availability for service. 
"(6) Such other information as the Secretary concerned 
may prescribe. 
"(b) Under regulations to be prescribed by the Secretary of Regulations. 
Defense, the Secretary of each military department shall maintain 
a record of the number of members of each class of each reserve 
component who, during each fiscal year, have participated satisfac-
torily in active duty for training and inactive duty training with 
pay. 
"§ 10205. Members of Ready Reserve: requirement of notifica-
tion of change of status 
"(a) Each member of the Ready Reserve shall notify the Sec-
retary concerned of any change in the member's address, marital 
status, number of dependents, or civilian emplo5nnent and of any 
change in the member's physical condition that would prevent the 
member from meeting the physical or mental standards prescribed 
for the member's armed force. 
"(b) This section shall be administered under regulations pre- Regulations, 
scribed by the Secretary of Defense and by the Secretary of 
Transportation with respect to the Coast Guard when it is not 
operating as a service in the Navy. 
''§ 10206. Members: periodic physical examinations 
"(a) Each member of the Ready Reserve who is not on active 
duty shall— 
"(1) be examined as to his physical fitness every five years, 
or more often as the Secretary concerned considers necessary; 
and 
"(2) execute and submit annually to the Secretary con-
cerned a certificate of physical condition. 
Each Reserve in an active status, or on an inactive status list, 
who is not on active duty shall execute and submit annually to 
the Secretary concerned a certificate of physical condition. 
"(b) The kind of duty to which a Reserve ordered to active 
duty may be assigned shall be considered in determining physical 
qualifications for active duty. 
''§ 10207. Mobilization forces: maintenance 
"(a) Whenever units or members of the reserve components 
are ordered to active duty (other than for training) during a period 
of partial mobilization, the Secretary concerned shall continue to 
maintain mobilization forces by planning and budgeting for the 
continued organization and training of the reserve components not 
108 STAT. 2978 
PUBLIC LAW 103-337—OCT. 5, 1994 
mobilized, and make the fullest practicable use of the Federal 
facilities vacated by mobilized units, consistent with approved joint 
mobilization plans. 
"(b) In this section, the term 'partial mobilization' means the 
mobilization resulting from action by Congress or the President, 
under any law, to bring units of any reserve component, and mem-
bers not assigned to units organized to serve as units, to active 
duty for a limited expansion of the active armed forces. 
'*§ 10208. Annual mobilization exercise 
"(a) The Secretary of Defense shall conduct at least one major 
mobilization exercise each year. The exercise should be as com-
prehensive and as realistic as possible and should include the 
participation of associated active component and reserve component 
units. 
"(b) The Secretary shall maintain a plan to test periodically 
each active component and reserve component unit based in the 
United States and all interactions of such units, as well as the 
sustainment of the forces mobilized as part of the exercise, with 
the objective of permitting an evaluation of the adequacy of resource 
allocation and planning. 
*
*
§ 10209. Regular and reserve components: discrimination 
prohibited 
"Laws applying to both Regulars and Reserves shall be adminis-
tered without discrimination— 
"(1) among Regulars; 
"(2) among Reserves; and 
"(3) between Regulars and Reserves. 
*
*
§ 10210. Dissemination of information 
"The Secretary of Defense shall require the complete and cur-
rent dissemination, to all Reserves and to the public, of information 
of interest to the reserve components. 
*'§ 10211. Policies and regulations: participation of Reserve 
officers in preparation and administration 
"Within such numbers and in such grades and assignments 
as the Secretary concerned may prescribe, each armed force shall 
have officers of its reserve components on active duty (other than 
for training) at the seat of government, and at headquarters respon-
sible for reserve affairs, to participate in preparing and administer-
ing the policies and regulations affecting those reserve components. 
While so serving, such an officer is an additional number of any 
staff with which he is serving. 
'*§ 10212. Gratuitous services of officers: authority to accept 
"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, 
and training of that officer's reserve component or the Reserve 
Officers' Training Corps; or 
"(2) in consultation upon matters relating to the armed 
forces. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2979 
"§ 10213. Reserve components: dual membership prohibited 
"Except as otherwise provided in this title, no person may 
be a member of more th£in one reserve component at the same 
time. 
*'§ 10214. Adjutants general and assistant adjutants general: 
reference to other officers of National Guard 
"In any case in which, under the laws of a State, an officer 
of the National Guard of that jurisdiction, other than the adjutant 
general or an assistant adjutant general, normally performs the 
duties of that office, the references in sections 12004(b)(1), 12215, 
12642(c), 14507(b), 14508(e), and 14512 of this title to the adjutant 
general or the assistant adjutant general shall be applied to that 
officer instead of to the adjutant general or assistant adjutant 
general. 
"§10215. Officers of Army National Guard of the United 
States and Air National Guard of the United 
States: authority with respect to Federal status 
"(a)(1) Officers of the Army National Guard of the United 
States who are not on active duty— 
"(A) may order members of the Army National Guard of 
the United States to active duty for training under section 
12301(d) of this title; and 
"(B) with the approval of the Secretary of the Air Force, 
may order members of the Air National Guard of the United 
States to active duty for training under that section. 
"(2) Officers of the Air National Guard of the United States 
who are not on active duty— 
"(A) may order members of the Air National Guard of 
the United States to active duty for training under section 
12301(d) of this title; and 
"(B) with the approval of the Secretary of the Army, may 
order members of the Army National Guard of the United 
States to active duty for training under that section. 
"(b) Officers of the Army National Guard of the United States 
or the Air National Guard of the United States who are not on 
active duty— 
"(1) may enlist, reenlist, or extend the enlistments of per-
sons as Reserves of the Army or Reserves of the Air Force 
for service in the Army National Guard of the United States 
or the Air National Guard of the United States, as the case 
may be; and 
"(2) with respect to their Federal status, may promote 
or discharge persons enlisted or reenlisted as Reserves of the 
Army or Reserves of the Air Force for that service. 
"(c) This section shall be carried out under regulations pre-
scribed by the Secretary of the Army, with respect to matters 
concerning the Army, and by the Secretary of the Air Force, with 
respect to matters concerning the Air Force.". 
(2)(A) Sections 261 through 265 and 267 through 281 are 
repealed. 
(B) Chapter 11 is amended by striking out the table of sections 
at the iDeginning and inserting in lieu thereof the following: 
"Sec. 
"261. Reference to chapters 1003, 1005, and 1007. 
Regulations. 
Repeal. 
108 STAT. 2980 
PUBLIC LAW 103-337—OCT. 5, 1994 
Repeal. 
10 u s e 261 
note. 
10 u s e 10147 
note. 
10 u s e 10148 
note. 
''§ 261. Reference to chapters 1003,1005, and 1007 
"Provisions of law relating to the reserve components generally, 
including provisions relating to the organization and administration 
of the reserve components, are set forth in chapter 1003 (beginning 
with section 10101), chapter 1005 (beginning with section 10141), 
and chapter 1007 (beginning with section 10201) of this title.". 
(3)(A) Chapter 519 and sections 652, 2001, 3076 through 3080, 
and 8076 through 8080 are repealed. 
(B) Section 552(e) of Pubhc Law 98-525 is repealed. 
(4) Section 1004 is amended— 
(A) by striking out subsections (a) and (b); and 
(B) by striking out "(c)" before "Except as otherwise pro-
vided". 
(5)(A) Section 10147(a), as added by paragraph (1), applies 
only to persons who were inducted, enlisted, or appointed in an 
armed force after August 9, 1955. 
(B) Section 10148(b), as added by paragraph (1), applies only 
to persons who became members of the Army National Guard 
of the United States or the Air National Guard of the United 
States after October 4, 1961. 
(b) BOARDS AND COMMITTEES.—(1) Part I of subtitle E (as 
added by subsection (a)) is amended by adding at the end the 
following: 
"CHAPTER 1009—RESERVE FORCES POLICY 
BOARDS AND COMMITTEES 
"Sec. 
"10301. Reserve Forces Policy Board. 
"10302. Army Reserve Forces Policy Committee. 
"10303. Naval Reserve Policy Board. 
"10304. Marine Corps Reserve Policy Board. 
"10305. Air Force Reserve Forces Policy Committee. 
"§ 10301. Reserve Forces Policy Board 
"(a) There is in the Office of the Secretary of Defense a Reserve 
Forces Policy Board. The Board consists of the following: 
"(1) A civilian chairman appointed by the Secretary of 
Defense. 
"(2) The Assistant Secretary of the Army for Manpower 
and Reserve Affairs, the Assistant Secretary of the Navy for 
Manpower and Reserve Affairs, and the Assistant Secretary 
of the Air Force for Manpower and Reserve Affairs. 
"(3) An officer of the Regular Army designated by the 
Secretary of the Army. 
"(4) An officer of the Regular Navy and an officer of the 
Regular Marine Corps, each designated by the Secretary of 
the Navy. 
"(5) An officer of the Regular Air Force designated by 
the Secretary of the Air Force. 
"(6) Four reserve officers designated by the Secretary of 
Defense upon the recommendation of the Secretary of the Army, 
two of whom must be members of the Army National Guard 
of the United States, and two of whom must be members 
of the Army Reserve. 
"(7) Four reserve officers designated by the Secretary of 
Defense upon the recommendation of the Secretary of the Navy, 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2981 
two of whom must be members of the Naval Reserve, and 
two of whom must be members of the Marine Corps Reserve. 
"(8) Four reserve officers designated by the Secretary of 
Defense upon the recommendation of the Secretary of the Air 
Force, two of whom must be members of the Air National 
Guard of the United States, and two of whom must be members 
of the Air Force Reserve. 
"(9) A reserve officer of the Army, Navy, Air Force, or 
Marine Corps who is a general officer or flag officer designated 
by the Chairman of the Board with the approval of the Sec-
retary of Defense, and who serves without vote as military 
adviser to the Chairman and as executive officer of the Board. 
"(10) An officer of the Regular Army, Regular Navy, Regu-
lar Air Force, or Regular Marine Corps serving in a position 
on the Joint Staff who is designated by the Chairman of the 
Joint Chiefs of Staff. 
"(b) Whenever the Coast Guard is not operating as a service 
in the Navy, the Secretary of Transportation may designate two 
officers of the Coast Guard, Regular or Reserve, to serve as voting 
members of the Board. 
"(c) The Board, acting through the Assistant Secretary of 
Defense for Reserve Affairs, is the principal policy adviser to the 
Secretary of Defense on matters relating to the reserve components. 
"(d) This section does not affect the committees on reserve 
policies prescribed within the military departments by sections 
10302 through 10305 of this title. 
"(e) A member of a committee or board prescribed under a 
section listed in subsection (d) may, if otherwise eligible, be a 
member of the Reserve Forces Policy Board. 
"(f) The Board shall act on those matters referred to it by 
the Chairman and, in addition, on any matter raised by a member 
of the Board. 
"§ 10303. Naval Reserve Policy Board 
"A Naval Reserve Policy Board shall be convened at least 
once annually at the seat of government to consider, recommend 
and report to the Secretary of the Navy on reserve policy matters. 
At least half of the members of the Board must be officers of 
the Naval Reserve. 
*
*
§ 10304. Marine Corps Reserve Policy Board 
"A Marine Corps Reserve Policy Board shall be convened at 
least once annually at the seat of government to consider, rec-
ommend, and report to the Secretary of the Navy on reserve policy 
matters. At least half of the members of the Board must be officers 
of the Marine Corps Reserve.". 
(2)(A) Section 3021 is transferred to chapter 1009 (as added 
by paragraph (1)), inserted after section 10301, and redesignated 
as section 10302. 
(B) Section 8021 is transferred to chapter 1009 (as added by 
paragraph (1)), inserted after section 10304, and redesignated as 
section 10305. 
(3) The text of section 175 is amended to read as follows: 
"There is in the Office of the Secretary of Defense a Reserve 
Forces Policy Board. The functions, membership, and organization 
of that board are set forth in section 10301 of this title.". 
108 STAT. 2982 
PUBLIC LAW 103-337—OCT. 5, 1994 
(4)(A) Chapter 303 (as amended by paragraph (2)(A)) is amend-
ed by inserting after section 3020 the following: 
"§ 3021. Army Reserve Forces Policy Committee 
"There is in the Office of the Secretary of the Army an Army 
Reserve Forces Policy Committee. The functions, membership, and 
organization of that committee are set forth in section 10302 of 
this title.". 
(B) Chapter 803 (as amended by paragraph (2)(B)) is amended 
by inserting after section 8020 the following: 
"§ 8021. Air Force Reserve Forces Policy Committee 
"There is in the Office of the Secretary of the Air Force an 
Air Force Reserve Forces Policy Committee. The functions, member-
ship, and organization of that committee are set forth in section 
10305 of this title.". 
(c) NATIONAL GUARD BUREAU.—(1)(A) Chapter 1011, as added 
by section 904(a), is amended by inserting after section 10506 
the following: 
'*§ 10507. National Guard Bureau: assignment of officers of 
regular or reserve components 
"Except as provided in section 124402(b) of this title, the Presi-
dent may assign to duty in the National (juard Bureau as many 
regular or reserve officers of the Army or Air Forces as he considers 
necessary.". 
(B) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 10506 
the following new item: 
"10507. National Guard Bureau: assignment of officers of regular or reserve compo-
nents.". 
Repeal. 
(2) Sections 3541 and 8541 are repealed. 
(d) ANNUAL REPORTS TO CONGRESS.—(1) Part I of subtitle E, 
as added by subsection (a), is amended by adding after chapter 
1011, as added by section 904(a), the following: 
"CHAPTER 1013—BUDGET INFORMATION AND 
ANNUAL REPORTS TO CONGRESS 
"Sec. 
"10541. National Guard and reserve component equipment: annual report to 
Congress. 
"10542. Army National Guard combat readiness: annual report.". 
(2)(A) Section 115b is transferred to chapter 1013, as added 
by paragraph (1), inserted after the table of sections, and redesig-
nated as section 10541. 
(B) The heading of that section is amended to read as follows: 
*'§ 10541. National Guard and reserve component equipment: 
annual report to Congress**. 
(3) Section 3082 is transferred to chapter 1013, as added by 
paragraph (1), inserted after section 10541 (as transferred and 
redesignated by paragraph (2)), redesignated as section 10542, and 
amended by striking out the word in the section heading before 
the colon and by striking out subsection (c). 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2983 
SEC. 1662. LAWS RELATING TO RESERVE COMPONENT PERSONNEL 
POLICY. 
(a) STRENGTH AND DISTRIBUTION IN GRADE.—(1) Subtitle E, 
as added by section 1611, is amended by inserting after part I 
of such subtitle, as added by section 1661, the following: 
"PART 
n—PERSONNEL 
GENERALLY 
"Chap. 
Sec. 
"1201. Authorized Strengths and Distribution in Grade 
12001 
"1203. Enhsted Members 
12101 
"1205. Appointment of Reserve Officers 
12201 
"1207. Warrant Officers 
12241 
"1209. Active Duty 
12301 
"1211. National Guard Members in Federal Service 
12401 
"1213. Special Appointments, Assignments, Details, and Duties 
12501 
"1215. Miscellaneous Prohibitions and Penalties 
[No present sections] 
"1217. Miscellaneous Rights and Benefits 
12601 
"1219. Standards and Procedures for Retention and Promotion 
12641 
"1221. Separation 
12681 
"1223. Retired Pay for Non-Regular Service 
12731 
"1225. Retired Grade 
12771 
"CHAPTER 1201—AUTHORIZED STRENGTHS AND DISTRIBUTION IN 
GRADE 
"Sec. 
"12001. Authorized strengths: reserve components. 
"12002. Authorized strengths: Aimy and Air Force reserve components, exclusive of 
members on active duty. 
"12003. Authorized strengths: commissioned officers active status. 
"12004. Strength in grade: reserve general and flag officers in an active status. 
"12005. Strength in grade: commissioned officers m grades below brigadier general 
or rear admiral (lower half) in an active status. 
"12006. Strength limitations: authority to waive in time of war or national emer-
gency. 
"12007. Reserve officers of the Army: distribution. 
"12008. Army Reserve and Air Force Reserve: warrant officers. 
"12009. Army and Air Force reserve components: temporary increases. 
"12010. Computations for Naval Reserve and Marine Corps Reserve: rule when 
fraction occurs in final result. 
"12011. Authorized strengths: reserve officers on active duty or on full-time Na-
tional Guard duty for administration of the reserves or the National 
Guard. 
"12012. Authorized strengths: senior enlisted members on active duty or on full-
time National Guard duty for administration of the reserves or the Na-
tional Guard. 
"§ 12001. Authorized strengths: reserve components 
"(a) Whenever the authorized strength of a reserve component 
President, 
(other than the Coast Guard Reserve) is not prescribed by law, 
it shall be prescribed by the President. 
"(b) Subject to the authorized strength of the reserve component 
concerned, the authorized strength of each reserve component (other 
than the Coast Guard Reserve) in members in each grade is that 
which the Secretary concerned determines to be necessary to provide 
for mobilization requirements. The Secretary shall review these 
determinations at least once each year and revise them if he consid-
ers it necessary. However, a member of the reserve component 
concerned may not, as a result of such a determination, be reduced 
in the member's reserve grade without the member's consent. 
"§ 12002. Authorized strengths: Army and Air Force reserve 
components, exclusive of members on active duty 
"(a) The authorized strengths of the National Guard £m.d the 
reserve components of the Army and the Air Force, exclusive of 
108 STAT. 2984 
PUBLIC LAW 103-337—OCT. 5, 1994 
members who are included in the strengths authorized for members 
of the Army and Air Force, respectively, on active duty, are as 
follows: 
"Army National Guard and the Army National Guard of the Unit-
ed States 
600,000 
"Army Reserve 
980,000 
"Air National Guard and the Air National Guard of the United 
States 
150,000 
"Air Force Reserve 
500,000. 
"(b) The strength authorized by this section for the Army 
National Guard and the Army National Guard of the United States, 
and the strength authorized by this section for the Air National 
Guard and the Air National Guard of the United States, shall 
be allocated among the States. 
''§ 12003. Authorized strengths: commissioned officers in an 
active status 
"(a) The authorized strengths of the Army, Navy, Air Force, 
and Marine Corps in reserve commissioned officers, other than 
commissioned warrant officers and officers on an active-duty list, 
in an active status are as follows: 
"Army 
275,000 
"Air Force 
200,000 
"Navy 
150,000 
"Marine Corps 
24,500. 
"(b) The authorized strengths prescribed by subsection (a) may 
not be exceeded unless— 
"(1) the Secretary concerned determines that a greater 
number is necessary for planned mobilization requirements; 
or 
"(2) the excess results directly from the operation of a 
nondiscretionary provision of law. 
"§ 12004. Strength in grade: reserve general and flag ofHcers 
in an active status 
"(a) The authorized strengths of the Army, Air Force, and 
Marine Corps in reserve general officers in an active status, and 
the authorized strength of the Navy in reserve officers in the 
grades of rear admiral (lower half) and rear admiral in an active-
status, are as follows: 
"Army 
207 
* 
"Air Force 
157 
"Navy 
48 
"Marine Corps 
10. 
"(b) The following Army and Air Force reserve officers shall 
not be counted for purposes of this section: 
"(1) Those serving as adjutants general or assistant adju-
tants general of a State. 
"(2) Those serving in the National Guard Bureau. 
"(3) Those counted under section 526 of this title. 
"(c)(1) The authorized strength of the Navy under subsection 
(a) is exclusive of officers counted under section 526 of this title. 
Of the number authorized under subsection (a), 39 are distributed 
among the line and the staff corps as follows: 
"Line 
28 
"Medical Corps 
5 
"Chaplain Corps 
1 
"Judge Advocate General's Corps 
1 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2985 
"Dental Corps 
2 
"Nurse Corps 
1 
"Medical Service Corps 
1 
"(2) The remaining authorizations for the Navy under sub-
section (a) shall be distributed among such other staff corps as 
are established by the Secretary of the Navy under the authority 
provided by section 5150(b) of this title, except that— 
"(A) if the Secretary has established a Supply Corps, the 
authorized strength for the Supply Corps shall be seven; and 
"(B) if the Secretary has established a Civil Engineering 
Corps, the authorized strength for the Civil Engineering Corps 
shall be two. 
"(3) Not more than 50 percent of the officers in an active 
status authorized under this section for the Navy may serve in 
the grade of rear admiral. 
"(d) The authorized strength of the Marine Corps under sub-
section (a) is exclusive of those counted under section 526 of this 
title. 
"(e)(1) A reserve general officer of the Army or Air Force may 
not be reduced in grade because of a reduction in the number 
of general officers authorized under subsection (a). 
"(2) An officer of the Naval Reserve or the Marine Corps 
Reserve may not be reduced in permanent grade because of a 
reduction in the number authorized by this section for his grade. 
*'§ 12005. Strength in grade: commissioned officers in grades 
below brigadier general or rear admiral (lower 
half) in an active status 
"(a)(1) Subject to paragraph (2), the authorized strength of 
the Army and the Air Force in reserve commissioned officers in 
an active status in each grade named in paragraph (2) is as pre-
scribed by the Secretary of the Army or the Secretary of the Air 
Force, respectively. A vacancy in any grade may be filled by an 
authorized appointment in any lower grade. 
"(2) A strength prescribed by the Secretary concerned under 
paragraph (1) for a grade may not be higher than the percentage 
of the strength authorized for the Army or the Air Force, as the 
case may be, under section 12003 of this title that is specified 
for that grade as follows: 
Grade 
Army per- 
Air Force 
centage 
percentage 
2 
6 
13 
35 
1.8 
4.6 
14.0 
32.0 
Colonel 
Lieutenant colonel 
Major 
Captain 
First lieutenant and second lieutenant (when com-
bined with the number authorized for general offi-
cer grades under section 12004 of this title) 
44 
47.6 
"(b)(1) The authorized strengths of the Naval Reserve in line 
officers in an active status in the grades of captain, commander, 
lieutenant commander, and lieutenant, and in the grades of lieuten-
ant (junior grade) and ensign combined, are the following percent-
ages of the total authorized number of those officers: 
"Captain 
1.5 percent 
108 STAT. 2986 
PUBLIC LAW 103-337—OCT. 5, 1994 
"Commander 
7 
percent 
"Lieutenant commander 
22 
percent 
"Lieutenant 
37 
percent 
"Lieutenant (junior grade) and ensign (when combined with the 
number authorized for flag officer grades under section 12004 of 
this title) 
32.5 percent. 
"(2) When the actual number of Une officers in an active status 
in any grade is less than the number authorized by paragraph 
(1) for that grade, the difference may be applied to increase the 
number authorized by that paragraph for any lower grade or grades. 
"(c)(1) The authorized strengths of the Marine Corps Reserve 
in officers in an active status in the grades of colonel, lieutenant 
colonel, major, and captain, and in the grades of first lieutenant 
and second lieutenant combined, are the following percentages of 
the total authorized number of those officers: 
"Colonel 
2 
percent 
"Lieutenant colonel 
6 
percent 
"Major 
12 
percent 
"Captain 
35 
percent 
"First lieutenant and second lieutenant (when combined with the 
number authorized for general officer grades under section 12004 
of this title) 
32.5 percent. 
"(2) When the actual number of officers in an active status 
in any grade is less than the number authorized by paragraph 
(1) for that grade, the difference may be applied to increase the 
number authorized by that paragraph for any lower grade or grades. 
"(d)(1) An officer of the Army or Air Force may not be reduced 
in grade because of a reduction in the number of commissioned 
officers authorized for the officer's grade under this section. 
"(2) An officer of the Naval Reserve or the Marine Corps 
Reserve may not be reduced in permanent grade because of a 
reduction in the number authorized by this section for his grade. 
'^§ 12006. Strength limitations: authority to waive in time 
of war or national emergency 
"(a) In time of war, or of national emergency declared by 
Congress or the President, the President may suspend the operation 
of any provision of section 12003, 12004, or 12005 of this title. 
So long as any such war or national emergency continues, any 
such suspension may be extended by the President. 
"(b) Any suspension under subsection (a) shall, if not sooner 
ended, end on the last day of the two-year period beginning on 
the date on which the suspension (or the last extension thereof) 
takes effect or on the last day of the one-year period beginning 
on the date of the termination of the war or national emergency, 
whichever occurs first. With respect to the end of any such suspen-
sion, the preceding sentence supersedes the provisions of title II 
of the National Emergencies Act (50 U.S.C. 1621, 1622) which 
provide that powers or authorities exercised by reason of a national 
emergency shall cease to be exercised after the date of termination 
of the emergency. 
"§ 12007. Reserve officers of the Army: distribution 
"The Secretary of the Army shall distribute the number of 
reserve commissioned officers, other than commissioned warrant 
officers, authorized in each commissioned grade between those 
assigned to reserve units organized to serve as units and those 
not assigned to such units. The Secretary shall distribute the num-
ber who are assigned to reserve units organized to serve as units 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2987 
among the units of each reserve component by prescribing appro-
priate tables of organization and tables of distribution. The Sec-
retary shall distribute the number who are not assigned to such 
units between— 
"(1) each special branch; and 
"(2) all other branches taken together. 
"§ 12008. Army Reserve and Air Force Reserve: warrant offi-
cers 
"The Secretary of the Army may prescribe the authorized 
strength of the Army Reserve in warrant officers. The Secretary 
of the Air Force may prescribe the authorized strength of the 
Air Force Reserve in warrant officers. 
"§12009. Army and Air Force reserve components: tem- 
" 
porary increases 
"(a) The authorized strength in any reserve grade, as prescribed 
under this chapter, for any reserve component under the jurisdiction 
of the Secretary of the Army or the Secretary of the Air Force 
is automatically increased to the minimum extent necessary to 
give effect to each appointment made in that grade under section 
1211(a), 3036, 14304(b), 14314, or 14317 of this title. 
"(b) An authorized strength so increased is increased for no 
other purpose. While an officer holds that grade, the officer whose 
appointment caused the increase is counted for the purpose of 
determining when other appointments, not under those sections, 
may be made in that grade. 
"§ 12010. Computations for Naval Reserve and Marine Corps 
Reserve: rule when fraction occurs in final result 
"When there is a fraction in the final result of any computation 
under this chapter for the Naval Reserve or the Marine Corps 
Reserve, a fraction of one-half or more is counted as one, and 
a fraction of less than one-half is disregarded. 
"§ 12012. Authorized strengths: senior enlisted members on 
active duty or on full-time National Guard duty 
for administration of the reserves or National 
Guard 
"(a) The number of enlisted members in pay grades E-8 and 
E-9 who may be on active duty (other than for training) or on 
full-time National Guard duty under the authority of section 502(f) 
of title 32 (other than for training) as of the end of any fiscal 
year in connection with organizing, administering, recruiting, 
instructing, or training the reserve components or the National 
Guard may not exceed the number for that grade and armed force 
in the following table: 
E-9 
E-8 
Grade 
Army 
569 
2,585 
Navy 
202 
429 
Air Force 
328 
840 
Marine 
Corps 
14 
74 
"(b) Whenever the number of members serving in pay grade 
E-9 for duty described in subsection (a) is less than the number 
79-194 
O—95—12: QL 3 Part 4 
108 STAT. 2988 
PUBLIC LAW 103-337—OCT. 5, 1994 
Repeal. 
authorized for that grade under subsection (a), the difference 
between the two numbers may be appUed to increase the number 
authorized under such subsection for pay grade E-8.". 
(2)(A) Section 524 is transferred to chapter 1201, as added 
by paragraph (1), inserted after section 12010, and redesignated 
as section 12011. 
(B) The heading of that section is amended to read as follows: 
"§12011. Authorized strengths: reserve officers on active 
duty or on full-time National Guard duty for 
administration of the reserves or the National 
Guard". 
(3) Chapter 531 and sections 3212, 3217 through 3225, 5454, 
5456, 5457, 5458, 8212, and 8217 through 8225 are repealed. 
(4) Section 517 is amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsection (c) as subsection (b) and 
in that subsection striking out "or whenever" and all that 
follows through "under subsection (b),". 
(b) ENLISTMENTS.—(1) Part II of subtitle E, as added by sub-
section (a), is amended by adding after chapter 1201 (as added 
by subsection (a)), the following: 
"CHAPTER 1203—ENLISTED MEMBERS 
"Sec. 
"12101 
"12102 
"12103 
"12104 
"12105 
"12106 
Definition. 
Reserve components: qualifications. 
Reserve components: terms. 
Reserve components: transfers. 
Army Reserve and Air Force Reserve: transfer from Guard components. 
Army and Air Force Reserve: transfer to upon withdrawal as member of 
National Guard. 
"12107. Army National Guard of United States; Air National Guard of the United 
States: enlistment in. 
"§ 12101. Definition 
"In this chapter, the term 'enlistment' means original enlist-
ment or reenlistment. 
•*§ 12105. Army Reserve and Air Force Reserve: transfer from 
Guard components 
Regulations. 
"(a) Under such regulations as the Secretary concerned may 
prescribe— 
"(1) an enlisted member of the Army National Guard of 
the United States may be transferred in grade to the Army 
Reserve; and 
"(2) an enlisted member of the Air National Gu£ird of 
the United States may be transferred in grade to the Air 
Force Reserve. 
"(b) Upon such a trsinsfer, the member transferred is eligible 
for promotion to the highest regular or reserve grade ever held 
by him in the Army, if tremsferred under subsection (a)(1), or 
the Air Force, if transferred under subsection (a)(2), if his service 
has been honorable. 
"(c) A transfer under this section may only be made with 
the consent of the governor or other appropriate authority of the 
State concerned. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2989 
"§ 12106. Army and Air Force Reserve: transfer to upon with-
drawal as member of National Guard 
"(a) An enlisted member of the Army National Guard of the 
United States who ceases to be a member of the Army National 
Guard becomes a member of the Army Reserve unless he is also 
discharged from his enlistment as a Reserve. 
"(b) An enlisted member of the Air National Guard of the 
United States who ceases to be a member of the Air National 
Guard becomes a member of the Air Force Reserve unless he 
is also discharged from his enlistment as a Reserve. 
"(c) An enlisted member who becomes a member of the Army 
Reserve or the Air Force Reserve under this section ceases to 
be a member of the Army National Guard of the United States 
or the Air National Guard of the United States, as the case may 
be. 
"§ 12107. Army National Guard of United States; Air National 
Guard of the United States: enlistment in 
"(a) Except as provided in subsection (c), to become an enlisted 
member of the Army National Guard of the United States or the 
Air National Guard of the United States, a person must— 
"(1) be enlisted in the Army National Guard or the Air 
National Guard, as the case may be; 
"(2) subscribe to the oath set forth in section 304 of title 
32; and 
"(3) be a member of a federally recognized unit or organiza-
tion of the Army National Guard or the Air National Guard, 
as the case may be, in the grade in which he is to be enlisted 
as a Reserve. 
"(b)(1) Under regulations to be prescribed by the Secretary Regulations, 
of the Army, a person who enlists in the Army National Guard, 
or whose term of enlistment in the Army National Guard is 
extended, shall be concurrently enlisted, or his term of enlistment 
shall be concurrently extended, as the case may be, as a Reserve 
of the Army for service in the Army National Guard of the United 
States. 
"(2) Under regulations to be prescribed by the Secretary of 
the Air Force, a person who enlists in the Air National Guard, 
or whose term of enlistment in the Air National Guard is extended, 
shall be concurrently enlisted, or his term of enlistment shall be 
concurrently extended, as the case may be, as a Reserve of the 
Air Force for service in the Air National Guard of the United 
States. 
"(c)(1) A member of the Army Reserve who enlists in the 
Army National Guard in his reserve grade, and is a member of 
a federally recognized unit or organization of the Army National 
Guard, becomes a member of the Army National Guard of the 
United States and ceases to be a member of the Army Reserve. 
"(2) A member of the Air Force Reserve who enlists in the 
Air National Guard in his reserve grade, and is a member of 
a federally recognized unit or organization of the Air National 
Guard, becomes a member of the Air National Guard of the United 
States and ceases to be a member of the Air Force Reserve.". 
(2) Sections 510 (as amended by section 1631(a)), 511, and 
512 are transferred to chapter 1203, as added by paragraph (1), 
inserted after section 12101, and redesignated as follows: 
108 STAT. 2990 
PUBLIC LAW 103-337—OCT. 5, 1994 
Redesignated 
Section 
section 
510 
12102 
511 
12103 
512 
12104 
Repeal. 
(3) The following sections are repealed: sections 3259, 3260, 
3261, 8259, 8260, and 8261. 
(c) APPOINTMENT OF OFFICERS.—(1) Part II of subtitle E, as 
added by subsection (a), is further amended by adding after chapter 
1203 (as added by subsection (b)) the following: 
"CHAPTER 1205—APPOINTMENT OF RESERVE 
OFFICERS 
"Sec. 
"12201. Qualifications for appointment. 
"12202. Commissioned officer grades. 
"12203. Commissioned officers: appointment, how made; term. 
"12204. Commissioned officers: original appointment; limitation. 
"12205. Commissioned officers: appointment; educational requirement. 
"12206. Commissioned officers: appointment of former commissioned officers. 
"12207. Commissioned officers: service credit upon original appointment. 
"12208. Officers: appointment upon transfer. 
"12209. Officer candidates: enlisted Reserves. 
"12210. Attending Physician to the Congress: reserve grade while so serving. 
"12211. Officers: Army National Guard of United States. 
"12212. Officers: Air National Guard of United States. 
"12213. Officers; Army Reserve: transfer from Army National Guard of United 
States. 
"12214. Officers; Air Force Reserve: transfer from Air National Guard of United 
States. 
"12215. Commissioned officers: reserve grade of adjutants general and assistant ad-
jutants general. 
*'§ 12215. Commissioned officers: reserve grade of adjutants 
general and assistant adjutants general 
"(a) The adjutant general or an assistant adjutant general 
of the Army National Guard of a State may, upon being extended 
Federal recognition, be appointed as a reserve officer of the Army 
as of the date on which he is so recognized. 
"(b) The adjutant general or an assistant adjutant general 
of the Air National Guard of a State may be appointed in the 
reserve commissioned grade in which Federal recognition in the 
Air National Guard is extended to him.". 
(2) Sections 591 (as amended by section 1631(b)), 592, 593 
(as amended by section 1632), 594, 596, 596a (as added by section 
1633), 596b (as added by section 1634), and 595 are transferred 
(in that order) to chapter 1205, as added by paragraph (1), inserted 
after the table of sections, and redesignated as follows: 
Redesignated 
Section 
section 
591 
12201 
592 
12202 
593 
12203 
594 
12204 
596 
12205 
596a 
(
a
s 
added 
by 
s
e
c
t
i
o
n 
1633) 
12206 
596b 
(
a
s 
added 
by 
s
e
c
t
i
o
n 
1634) 
12207 
595 
12208 
(3) Sections 600, 600a, 3351, 8351, 3352 (as amended by section 
1636(a)), and 8352 are transferred (in that order) to chapter 1205, 
as added by paragraph (1), inserted after section 12208, and redesig-
nated as follows: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2991 
Redesignated 
Section 
section 
600 
12209 
600a 
12210 
3351 
12211 
8351 
12212 
3352 
12213 
8352 
12214 
(d) WARRANT OFFICERS.—(1) Part II of subtitle E, as added 
by subsection (a), is further amended by adding after chapter 1205 
(as added by subsection (c)) the following: 
"CHAPTER 1207—WARRANT OFFICERS 
"Sec. 
"12241. Warrant officers: grades; appointment, how made; term. 
"12242. Warrant officers: promotion. 
"12243. Warrant officers: suspension of laws for promotions or mandatory retire-
ment or separation during war or emergency.". 
(2) Sections 597, 598, and 599 are transferred to chapter 1207, 
as added by paragraph (1), inserted after the table of sections, 
and redesignated as follows: 
Redesignated 
Section 
section 
597 
12241 
598 
12242 
599 
12243 
(3) Chapter 34 is amended to read as follows: 
"CHAPTER 34—APPOINTMENTS AS RESERVE 
OFFICERS 
"Sec. 
; 
"591. Reference to chapters 1205 and 1207. 
"§ 591. Reference to chapters 1205 and 1207 
"Provisions of law relating to appointments of reserve officers 
other than warrant officers are set forth in chapter 1205 of this 
title (beginning with section 12201). Provisions of law relating to 
appointments and promotion of reserve warrant officers are set 
forth in chapter 1207 (beginning with section 12241).". 
(e) ACTIVE DUTY.—(1) Part II of subtitle E, as added by sub-
section (a), is further amended by adding after chapter 1207 (as 
added by subsection (d)) the following: 
"CHAPTER 1209—ACTIVE DUTY 
"Sec. 
"12301. Reserve components generally. 
"12302. Ready Reserve. 
"12303. Ready Reserve: members not assigned to, or participating satisfactorily in, 
units. 
"12304. Selected Reserve: order to active duty other than during war or national 
emergency. 
"12305. Authority of President to suspend certain laws relating to promotion, retire-
ment, and separation. 
"12306. Standby Reserve. 
"12307. Retired Reserve. 
"12308. Retention on active duty after becoming qualified for retired pay. 
"12309. Reserve officers: use of in expansion of armed forces. 
"12310. Reserves: for organizing, administering, etc., reserve components. 
"12311. Active duty agreements. 
"12312. Active duty agreements: release from duty. 
108 STAT. 2992 
PUBLIC LAW 103-337—OCT. 5, 1994 
"12313. Reserves: release from active duty. 
"12314. Reserves: kinds of duty. 
"12315. Reserves: duty with or without pay. 
"12316. Payment of certain Reserves while on duty. 
"12317. Reserves: theological students; limitations. 
"12318. Reserves on active duty: duties; funding. 
"12319. Ready Reserve: muster duty. 
"12320. Reserve officers: grade in which ordered to active duty. 
"12321. Reserve Officer Training Corps units: limitation on number of Reserves as-
signed.". 
(2) Sections 672 through 673a, section 673b (as amended by 
section 511), sections 673c through 687, section 689 (as amended 
by section 1625), and section 690 are transferred to chapter 1209, 
as added by paragraph (1), inserted after the table of sections, 
and redesignated as follows: 
Redesignated 
Section 
section 
672 
12301 
673 
12302 
673a 
12303 
673b 
12304 
673c 
12305 
674 
12306 
675 
12307 
676 
12308 
677 
12309 
678 
12310 
679 
12311 
680 
12312 
681 
12313 
682 
12314 
683 
12315 
684 
12316 
685 
12317 
686 
12318 
687 
12319 
689 
12320 
690 
12321 
(3) The heading of section 12321 (as so redesignated) is amend-
ed to read as follows: 
"§ 12321. Reserve Officer Training Corps units: limitation 
on number of Reserves assigned*'. 
(4) Chapter 39 is amended by inserting after section 671b 
the following: 
"§ 672. Reference to chapter 1209 
"Provisions of law relating to service of members of reserve 
components on active duty are set forth in chapter 1209 of this 
title (beginning with section 12301).". 
(f) NATIONAL GUARD MEMBERS IN FEDERAL SERVICE.—(1) Part 
II of subtitle E, as added by subsection (a), is further amended 
by adding after chapter 1209 (as added by subsection (e)) the 
following: 
"CHAPTER 1211—NATIONAL GUARD MEMBERS 
IN FEDERAL SERVICE 
"Sec. 
"12401. Army and Air National Guard of United States: status. 
"12402. Army and Air National Guard of United States: commissioned officers; duty 
in National Guard Bureau. 
"12403. Army and Air National Guard of United States: members; status in which 
ordered into Federal service. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2993 
"12404. Army and Air National Guard of United States: mobilization; maintenance 
of organization. 
"12405. NationalGuard in Federal service: status. 
"12406. National Guard in Federal service: call. 
"12407. National Guard in Federal service: period of service; apportionment. 
"12408. National Guard in Federal service: physical examination. 
'*§ 12401. Army and Air National Guard of the United States: 
status 
"Members of the Army National Guard of the United States 
and the Air National Guard of the United States are not in active 
Federal service except when ordered thereto under law. 
"§12402. Army and Air National Guard of United States: 
commissioned officers; duty in National Guard 
Bureau 
"(a) The President may, with their consent, order commissioned 
officers of the Army National Guard of the United States and 
the Air National Guard of the United States to active duty in 
the National Guard Bureau. 
"(b)(1) The number of officers of the Army National Guard 
of the United States in grades below brigadier general who are 
ordered to active duty in the National Guard Bureau may not 
be more than 40 percent of the number of officers of the Army 
authorized for duty in that Bureau and, to the extent practicable, 
shall not exceed 40 percent of the number of officers of the Army 
serving in that Bureau in any grade below brigadier general. 
"(2) The number of officers of the Air National Guard of the 
United States in grades below brigadier general who are ordered 
to active duty in the National Guard Bureau may not be more 
than 40 percent of the number of officers of the Air Force authorized 
for duty in that Bureau and, to the extent practicable, shall not 
exceed 40 percent of the number of officers of the Air Force serving 
in that Bureau in any grade below brigadier general. 
"§12403. Army and Air National Guard of United States: 
members; status in which ordered into Federal 
service 
"Members of the Army National Guard of the United States 
ordered to active duty shall be ordered to duty as Reserves of 
the Army. Members of the Air National Guard of the United States 
ordered to active duty shall be ordered to duty as Reserves of 
the Air Force. 
"§12404. Army and Air National Guard of United States: 
mobilization; maintenance of organization 
"During an initial mobilization, the organization of a unit of 
the Army National Guard of the United States or of the Air National 
Guard of the United States ordered into active Federal service 
shall, so far as practicable, be maintained as it existed on the 
date of the order to duty. 
"§ 12405. National Guard in Federal service: status 
"Members of the National Guard called into Federal service 
are, from the time when they are required to respond to the call, 
subject to the laws and regulations governing the Army or the 
Air Force, as the case may be, except those applicable only to 
members of the Regular Army or Regular Air Force, as the case 
maybe. 
108 STAT. 2994 
PUBLIC LAW 103-337—OCT. 5, 1994 
President. 
Regulations. 
Repeal. 
"§ 12406. National Guard in Federal service: call 
"Whenever— 
"(1) the United States, or any of the Territories, Common-
wealths, or possessions, is invaded or is in dsmger of invasion 
by a foreign nation; 
"(2) there is a rebeUion or danger of a rebeUion against 
the authority of the Government of the United States; or 
"(3) the President is unable with the regular forces to 
execute the laws of the United States; 
the President may call into Federal service members and units 
of the National Guard of any State in such numbers as he considers 
necessary to repel the invasion, suppress the rebellion, or execute 
those laws. Orders for these purposes shall be issued through 
the governors of the States or, in the case of the District of Colum-
bia, through the commanding general of the National Guard of 
the District of Columbia. 
"§ 12407. National Guard in Federal service: period of serv-
ice; apportionment 
"(a) Whenever the President calls the National Guard of a 
State into Federal service, he may specify in the call the period 
of the service. Members and units called shall serve inside or 
outside the territory of the United States during the term specified, 
unless sooner relieved by the President. However, no member of 
the National Guard may be kept in Federal service beyond the 
term of his commission or enlistment. 
"(b) When the National Guard of a State is called into Federal 
service with the National Guard of another of those jurisdictions, 
the President may apportion the total number called from the 
Army National Guard or from the Air National Guard, as the 
case may be, on the basis of the populations of the jurisdictions 
affected by the call. 
*'§ 12408. National Guard in Federal service: physical exam-
ination 
"(a) Under regulations prescribed by the President, each mem-
ber of the National Guard called into Federal service shall be 
examined as to physical fitness, without further commission or 
enlistment. 
"(b) Immediately before such a member is mustered out of 
Federal service, he shall be examined as to physical fitness. The 
record of this examination shall be retained by the United States.". 
(2) Sections 3495 through 3502 and 8495 through 8502 are 
repealed. 
(g) MISCELLANEOUS PROVISIONS.—(1) Part II of subtitle E, as 
added by subsection (a), is further amended by adding after chapter 
1211 (as added by subsection (f)) the following: 
"CHAPTER 1213—SPECIAL APPOINTMENTS, 
ASSIGNMENTS, DETAILS, AND DUTIES 
"Sec. 
"12501. Reserve components: detail of members of regular and reserve components 
to assist. 
"12502. Chief and assistant chief of staff of National Guard divisions and wings in 
Federal service: detail. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2995 
*'§ 12501. Reserve components: detail of members of regular 
and reserve components to assist 
"The Secretary concerned shall detail such members of the 
regular and reserve components under his jurisdiction as are nec-
essary to effectively develop, train, instruct, and administer those 
reserve components. 
''§ 12502. Chief and assistant chief of staff of National Guard 
divisions and wings in Federal service: detail 
"(a) The President may detail a regular or reserve officer of 
the Army as chief of staff, and a regular or reserve officer or 
£in officer of the Army National Guard as assistant to the chief 
of staff, of any division of the Army National Guard that is in 
Federal service as an Army National Guard organization. 
"(b) The President may detail a regular or reserve officer of 
the Air Force as chief of staff, and a regular or reserve officer 
or an officer of the Air National Guard as assistant to the chief 
of staff, of any wing of the Air National Guard that is in Federal 
service as an Air National Guard organization. 
" C H A P T E R 1 2 1 5 — M I S C E L L A N E O U S 
P R O H I B I T I O N S A N D P E N A L T I E S 
"[No present sections] 
" C H A P T E R 1 2 1 7 — M I S C E L L A N E O U S R I G H T S 
A N D B E N E F I T S 
"Sec. 
"12601. Compensation: Reserve on active duty accepting from any person. 
"12602. Members of Army National Guard of United States and Air National Guard 
of United States: credit for service as members of National Guard. 
"§ 12601. Compensation: Reserve on active duty accepting 
from any person 
"Any Reserve who, before being ordered to active duty, was 
receiving compensation from any person may, while he is on that 
duty, receive compensation from that person. 
"§ 12602. Members of Army National Guard of United States 
and Air National Guard of United States: credit 
for service as members of National Guard 
"(a) For the purposes of laws providing benefits for members 
of the Army National Guard of the LFnited States and their depend-
ents and beneficiaries— 
"(1) military training, duty, or other service performed 
by a member of the Army National Guard of the United States 
in his status as a member of the Army National Guard for 
which he is entitled to pay from the United States shall be 
considered military training, duty, or other service, as the case 
may be, in Federal service as a Reserve of the Army; 
"(2) full-time National Guard duty performed by a member 
of the Army National Guard of the United States shall be 
considered active duty in Federal service as a Reserve of the 
, 
Army; and 
i
^
< > 
"(3) inactive-duty training performed by a member of the 
Army National Guard of the United States in his status as 
108 STAT. 2996 
PUBLIC LAW 103-337—OCT. 5, 1994 
a member of the Army National Guard, in accordance with 
regulations prescribed under section 502 of title 32 or other 
express provision of law, shall be considered inactive-duty train-
ing in Federal service as a Reserve of the Army. 
"(b) For the purposes of laws providing benefits for members 
of the Air National Guard of the United States and their dependents 
and beneficiaries— 
"(1) military training, duty, or other service performed 
by a member of the Air National Guard of the United States 
in his status as a member of the Air National Guard for 
which he is entitled to pay from the United States shall be 
considered military training, duty, or other service, as the case 
may be, in Federal service as a Reserve of the Air Force; 
"(2) full-time National Guard duty performed by a member 
of the Air National Guard of the United States shall be consid-
ered active duty in Federal service as a Reserve of the Air 
Force; and 
"(3) inactive-duty training performed by a member of the 
Air National Guard of the United States in his status as a 
member of the Air National Guard, in accordance with regula-
tions prescribed under section 502 of title 32 or other express 
provision of law, shall be considered inactive-duty training in 
Federal service as a Reserve of the Air Force.". 
Repeal. 
(2) Sections 715, 1033, 3542, 3686, 8542, and 8686 are repealed, 
(h) 
STANDARDS AND PROCEDURES FOR RETENTION AND PRO-
MOTION.—(1) Part II of subtitle E, as added by subsection (a), 
is further amended by adding after chapter 1217 (as added by 
subsection (g)) the following: 
"CHAPTER 
1219—STANDARDS 
AND 
PROCE-
DURES FOR RETENTION AND PROMOTION 
"Sec. 
"12641. Standards and procedures: Secretary to prescribe. 
"12642. Standards and qualifications: result of failure to comply with. 
"12643. Boards for appointment, promotion, and certain other purposes: composi-
tion. 
"12644. Members physically not qualified for active duty: discharge or transfer to 
retired status. 
"12645. Commissioned officers: retention until completion of required service. 
"12646. Commissioned officers: retention of after completing 18 or more, but less 
than 20, years of service. 
"12647. Commissioned officers: retention in active status while assigned to Selective 
Service System or serving as United States property and fiscal officers.". 
(2) Sections 1001, 1002, 266, 1004 (as amended by section 
1661(b)(4)), and 1005 through 1007 are transferred (in that order) 
to chapter 1219, as added by paragraph (1), inserted after the 
table of sections, and redesignated as follows: 
Redesignated 
Section 
section 
1001 
12641 
1002 
12642 
266 
12643 
1004 
12644 
1005 
12645 
1006 
12646 
1007 
12647 
Repeal. 
(3) Section 1003 is repealed. 
(4)(A) The heading of section 12641 (as so redesignated) is 
amended to read as follows: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2997 
*'§ 12641. Standards and procedures: Secretary to prescribe". 
(B) The heading of section 12644 (as so redesignated) is amend-
ed to read as follows: 
"§ 12644. Members physically not qualified for active duty: 
discharge or transfer to retired status". 
(5) Chapter 51 is amended by striking out the table of sections 
at the beginning and inserting in lieu thereof the following: 
"Sec. 
"1001. Reference to chapter 1219. 
"§ 1001. Reference to chapter 1219 
"Provisions of law relating to standards and procedures for 
retention and promotion of members of reserve components are 
set forth in chapter 1219 of this title (beginning with section 
12641).". 
(i) SEPARATION.—(1) Part II of subtitle E, as added by sub-
section (a), is further amended by adding after chapter 1219 (as 
added by subsection (h)) the following: 
"CHAPTER 1221—SEPARATION 
"Sec. 
"12681. Reserves: discharge authority. 
"12682. Reserves: discharge upon becoming ordained minister of religion. 
"12683. Reserve officers: limitation on involuntary separation. 
"12684. Reserves: separation for absence without authority or sentence to imprison-
ment. 
"12685. Reserves separated for cause: character of discharge. 
"12686. Reserves on active duty within two years of retirement eligibility: limitation 
on release from active duty. 
"§ 12681. Reserves: discharge authority 
"Subject to other provisions of this title, reserve commissioned 
officers may be discharged at the pleasure of the President. Other 
Reserves may be discharged under regulations prescribed by the 
Secretary concerned, 
^§ 12682. Reserves: discharge upon becoming ordained min-
ister of religion 
"Under regulations to be prescribed by the Secretary of Defense, 
a Reserve who becomes a regular or ordained minister of religion 
is entitled upon his request to a discharge from his reserve enlist-
ment or appointment. 
*
*
§ 12683. Reserve officers: limitation on involuntary separa-
tion 
"(a) An officer of a reserve component who has at least five 
years of service as a commissioned officer may not be separated 
from that component without his consent except— 
"(1) iinder an approved recommendation of a board of offi-
cers convened by an authority designated by the Secretary 
concerned; or 
"(2) by the approved sentence of a court-martial. 
"(b) Subsection (a) does not apply— 
"(1) to a separation under section 12684, 14901, or 14907 
of this title; 
"(2) to a dismissal under section 1161(a) of this title; or 
Regulations. 
Regulations. 
108 STAT. 2998 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(3) to a transfer under section 12213, 12214, 14514, or 
14515 of this title. 
*
*
§ 12684. Reserves: separation for absence without authority 
or sentence to imprisonment 
"The President or the Secretary concerned may drop from the 
rolls of the armed force concerned any Reserve— 
"(1) who has been absent without authority for at least 
three months; or 
"(2) who is sentenced to confinement in a Federal or State 
penitentiary or correctional institution after having been found 
guilty of an offense by a court other than a court-martial 
or other military court, and whose sentence has become final. 
"§ 12685. Reserves separated for cause: character of dis-
charge 
"A member of a reserve component who is separated for cause, 
except under section 12684 of this title, is entitled to a discharge 
under honorable conditions unless— 
"(1) the member is discharged under conditions other than 
honorable under an approved sentence of a court-martial or 
under the approved findings of a board of officers convened 
by an authority designated by the Secretary concerned; or 
"(2) the member consents to a discharge under conditions 
other than honorable with a waiver of proceedings of a court-
martial or a board. 
"§ 12686. Reserves on active duty within two years of retire-
ment eligibility: limitation on release from active 
duty 
R^ulations. 
"Under regulations to be prescribed by the Secretary concerned, 
which shall be as uniform as practicable, a member of a reserve 
component who is on active duty (other than for training) and 
is within two years of becoming eligible for retired pay or retainer 
pay imder a purely military retirement system, may not be involun-
tarily released from that duty before he becomes eligible for that 
pay, unless the release is approved by the Secretary.". 
Repeal. 
(2) Sections 1162 and 1163 are repealed. 
(j) RETIRED PAY.—(1) Chapter 67 is transferred to part II of 
subtitle E, as added by subsection (a), inserted after chapter 1221 
(as added by subsection (i)), and amended to read as follows: 
"CHAPTER 1223—RETIRED PAY FOR NON-
REGULAR SERVICE 
"Sec. 
' 
. 
"12731. Age and service requirements. 
"12731a. Temporary special retirement qualification authority. 
"12732. Entitlement to retired pay: computation of years of service. 
"12733. Computation of retired pay: computation of years of service. 
"12734. Time not creditable toward years of service. 
"12735. Inactive status list. 
"12736. Service credited for retired pay benefits not excluded for other benefits. 
"12737. Limitation on active duty. 
"12738. Limitations on revocation of retired pay. 
"12739. Computation of retired pay. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 2999 
"§ 12731. Age and service requirements 
"(a) Except as provided in subsection (c), a person is entitled, 
upon application, to retired pay computed under section 12739 
of this title, if the person— 
"(1) is at least 60 years of age; 
"(2) has performed at least 20 years of service computed 
under section 12732 of this title; 
"(3) performed the last eight years of qualifying service 
while a member of any category named in section 12732(a)(1) 
of this title, but not while a member of a regular component, 
the Fleet Reserve, or the Fleet Marine Corps Reserve; and 
"(4) is not entitled, under any other provision of law, to 
retired pay from an armed force or retainer pay as a member 
of the Fleet Reserve or the Fleet Marine Corps Reserve. 
"(b) Application for retired pay under this section must be 
made to the Secretary of the military department, or the Secretary 
of Transportation, as the case may be, having jurisdiction at the 
time of application over the armed force in which the applicant 
is serving or last served. 
"(c)(1) A person who, before August 16, 1945, was a Reserve 
of an armed force, or a member of the Army without component 
or other category covered by section 12732(a)(1) of this title except 
a regular component, is not eligible for retired pay under this 
chapter unless— 
"(A) the person performed active duty during World War 
I or World War II; or 
"(B) the person performed active duty (other than for train-
ing) during the Korean conflict, the Berlin crisis, or the Vietnam 
era. 
"(2) In this subsection: 
"(A) The term 'World War F means the period beginning 
on April 6, 1917, and ending on November 11, 1918. 
"(B) The term 'World War 11' means the period beginning 
on September 9, 1940, and ending on December 31, 1946. 
"(C) The term 'Korean conflict' means the period beginning 
on June 27, 1950, and ending on July 27, 1953. 
"(D) The term 'Berlin crisis' means the period beginning 
on August 14, 1961, and ending on May 30, 1963. 
"(E) The term 'Vietnam era' means the period beginning 
on August 5, 1964, and ending on March 27, 1973. 
"(d) The Secretary concerned shall notify each person who 
Notification, 
has completed the years of service required for eligibility for retired 
pay under this chapter. The notice shall be sent, in writing, to 
the person concerned within one year after the person completes 
that service. The notice shall include notice of the elections available 
to such person under the Survivor Benefit Plan established under 
subchapter II of chapter 73 of this title and the Supplemental 
Survivor Benefit Plan established under subchapter III of that 
chapter, and the effects of such elections. 
"(e) Notwithstanding section 8301 of title 5, the date of entitle-
ment to retired pay under this section shall be the date on which 
the requirements of subsection (a) have been completed. 
"(f) In the case of a person who completes the service require-
ments of subsection (a)(2) during the period beginning on the date 
of the enactment of this subsection and ending on September 30, 
1999, the provisions of subsection (a)(3) shall be applied by 
substituting 'the last six years' for 'the last eight years'. 
108 STAT. 3000 
PUBLIC LAW 103-337—OCT. 5, 1994 
"§ 12731a. Temporary 
special 
retirement 
qualification 
authority 
"(a) RETIREMENT WITH AT LEAST 15 YEARS OF SERVICE.—For 
the purposes of section 12731 of this title, the Secretary concerned 
may— 
"(1) during the period described in subsection (b), determine 
to treat a member of the Selected Reserve of a reserve compo-
nent of the armed force under the jurisdiction of that Secretary 
as having met the service requirements of subsection (a)(2) 
of that section and provide the member with the notification 
required by subsection (d) of that section if the member— 
"(A) as of October 1, 1991, has completed at least 
15, and less than 20, years of service computed under 
section 12732 of this title; or 
"(B) after that date and before October 1, 1999, com-
pletes 15 years of service computed under that section; 
and 
"(2) upon the request of the member submitted to the 
Secretary, transfer the member to the Retired Reserve. 
"(b) PERIOD OF AUTHORITY.—The period referred to in sub-
section (a)(1) is the period beginning on October 23, 1992, gmd 
ending on October 1,1999. 
"(c) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1) 
The Secretary concerned may limit the applicability of subsection 
(a) to any category of personnel defined by the Secretary in order 
to meet a need of the armed force under the jurisdiction of the 
Secretary to reduce the number of members in certain grades, 
the number of members who have completed a certain number 
of years of service, or the number of members who possess certain 
military skills or are serving in designated competitive categories. 
"(2) A limitation under paragraph (1) shall be consistent with 
the purpose set forth in section 4414(a) of the National Defense 
Authorization Act for Fiscal Year 1993 (PubHc Law 102-484; 106 
Stat. 2713). 
"(3) Notwithstanding the provisions of section 4415(2) of the 
Defense Conversion Reinvestment, and Transition Assistance Act 
of 1992 (division D of PubHc Law 102-484; 106 Stat. 2714), the 
Secretary concerned may, consistent with the other provisions of 
this section, provide the notification required by section 12731(d) 
of this title to a member who no longer meets the qualifications 
for membership in the Selected Reserve solely because the member 
is unfit because of physical disability. Such notification may not 
be made if the disability is the result of the member's intentional 
misconduct, willful neglect, or willful failure to comply with stand-
ards and qualifications for retention established by the Secretary 
concerned or was incurred during a period of unauthorized absence. 
"(d) EXCLUSION.—This section does not apply to persons 
referred to in section 12731(c) of this title. 
"(e) REGULATIONS.—The authority provided in this section shall 
be subject to regulations prescribed by the Secretary of Defense 
and by the Secretary of Transportation with respect to the Coast 
Guard. 
"§ 12732. Entitlement to retired pay: computation of years 
of service 
"(a) Except as provided in subsection (b), for the purpose of 
determining whether a person is entitled to retired pay under 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3001 
section 12731 of this title, the person's years of service are computed 
by adding the following: 
"(1) The person's years of service, before July 1, 1949, 
in the following: 
"(A) The armed forces. 
"(B) The federally recognized National Guard before 
June 15, 1933. 
"(C) A federally recognized status in the National 
Guard before June 15, 1933. 
"(D) The National Guard after June 14, 1933, if his 
service therein was continuous from the date of his enlist-
ment in the National Guard, or his Federal recognition 
as an officer therein, to the date of his enlistment or 
appointment, as the case may be, in the National Guard 
of the United States, the Army National Guard of the 
United States, or the Air National Guard of the United 
States 
"(E) The Naval Reserve Force. 
"(F) The Naval Militia that conformed to the standards 
prescribed by the Secretary of the Navy. 
"(G) The National Naval Volunteers. 
"(H) The Army Nurse Corps, the Navy Nurse Corps, 
the Nurse Corps Reserve of the Army, or the Nurse Corps 
Reserve of the Navy, as it existed at any time after Feb-
ruary 2, 1901. 
"(I) The Army under an appointment under the Act 
of December 22, 1942 (ch. 805, 56 Stat. 1072). 
"(J) An active full-time status, except as a student 
or apprentice, with the Medical Department of the Army 
as a civilian employee— 
"(i) in the dietetic or physical therapy categories, 
if the service was performed after April 6, 1917, and 
before April 1, 1943; or 
"(ii) in the occupational therapy category, if the 
service was performed before appointment in the Army 
Nurse Corps or the Women's Medical Specialist Corps 
and before January 1, 1949, or before appointment 
in the Air Force before January 1, 1949, with a view 
to designation as an Air Force nurse or medical special-
ist. 
"(2) Each one-year period, after July 1, 1949, in which 
the person has been credited with at least 50 points on the 
following basis: 
"(A) One point for each day of— 
"(i) active service; or 
" * 
"(ii) full-time service under sections 316, 502, 503, 
504, and 505 of title 32 while performing annual train-
ing duty or while attending a prescribed course of 
instruction at a school designated as a service school 
by law or by the Secretary concerned; 
if that service conformed to required standards and quali-
fications. 
"(B) One point for each attendance at a drill or period 
of equivalent instruction that was prescribed for that year 
by the Secretary concerned and conformed to the require-
ments prescribed by law, including attendance under sec-
tion 502 of title 32. 
108 STAT. 3002 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(C) Points at the rate of 15 a year for membership— 
"(i) in a reserve component of an armed force, 
"(ii) in the Army or the Air Force without compo-
nent, or 
"(iii) in any other category covered by subsection 
(a)(1) except a regular component. 
For the purpose of clauses (A), (B), and (C), service in the 
National Guard shall be treated as if it were service in a 
reserve component, if the person concerned was later appointed 
in the National Guard of the United States, the Army National 
Guard of the United States, the Air National Guard of the 
United States, or as a Reserve of the Army or the Air Force, 
and served continuously in the National Guard from the date 
of his Federal recognition to the date of that appointment. 
"(3) The person's years of active service in the Commis-
/ 
sioned Corps of the Public Health Service. 
/ 
"(4) The person's years of active commissioned service in 
the National Oceanic and Atmospheric Administration (includ-
ing active commissioned service in the Environmental Science 
Services Administration and in the Coast and Geodetic Survey). 
"(b) The following service may not be counted under subsection 
(a): 
"(1) Service (other than active service) in an inactive section 
of the Organized Reserve Corps or of the Army Reserve, or 
in an inactive section of the officers' section of the Air Force 
Reserve. 
"(2) Service (other than active service) after June 30, 1949, 
while on the Honorary Retired List of the Naval Reserve or 
of the Marine Corps Reserve. 
"(3) Service in the inactive National Guard. 
"(4) Service in a non-federally recognized status in the 
National Guard. 
"(5) Service in the Fleet Reserve or the Fleet Marine Corps 
Reserve. 
"(6) Service as an inactive Reserve nurse of the Army 
Nurse Corps established by the Act of February 2, 1901 (ch. 
192, 31 Stat. 753), as amended, and service before July 1, 
1938, as an inactive Reserve nurse of the Navy Nurse Corps 
estabhshed by the Act of May 13, 1908 (ch. 166, 35 Stat. 
146). 
"(7) Service in any status other than that as commissioned 
officer, warrant officer, nurse, ffight officer, aviation mid-
shipman, appointed aviation cadet, or enlisted member, and 
that described in clauses (I) and (J) of subsection (a)(1). 
*'§ 12733. Computation of retired pay: computation of years 
of service 
"For the purpose of computing the retired pay of a person 
under this chapter, the person's years of service and any fraction 
of such a year are computed by dividing 360 into the sum of 
the following: 
"(1) The person's days of active service. 
"(2) The person's days of full-time service under sections 
316, 502, 503, 504, and 505 of title 32 while performing annual 
training duty or while attending a prescribed course of instruc-
tion at a school designated as a service school by law or by 
the Secretary concerned. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3003 
"(3) One day for each point credited to the person under 
clause (B) or (C) of section 12732(a)(2) of this title, but not 
more than 60 days in any one year. 
"(4) 50 days for each year before July 1, 1949, and propor-
tionately for each fraction of a year, of service (other than 
active service) in a reserve component of an armed force, in 
the Army or the Air Force without component, or in any other 
category covered by section 12732(a)(1) of this title, except 
a regular component. 
"§ 12734. Time not creditable toward years of service 
"(a) Service in an inactive status may not be counted in any 
computation of years of service under this chapter. 
"(b) Time spent after retirement (without pay) for failure to 
conform to standards and qualifications prescribed under section 
12641 of this title may not be credited in a computation of years 
of service under this chapter. 
''§ 12735. Inactive status list 
"(a) A member who would be eligible for retired pay under 
this chapter but for the fact that that member is under 60 years 
of age may be transferred, at his request and by direction of 
the Secretary concerned, to such inactive status list as may be 
established for members of his armed force, other than members 
of a regular component. 
"(b) While on £in inactive status list under subsection (a), a 
member is not required to participate in any training or other 
program prescribed for his component. 
"(c) The Secretary may at any time recall to active status 
a member who is on an inactive status list under subsection (a). 
*
*
§ 12736. Service 
credited for retired pay benefits 
not 
excluded for other benefits 
"No period of service included wholly or partly in determining 
a person's right to, or the amount of, retired pay under this chapter 
may be excluded in determining his eligibility for any annuity, 
pension, or old-age benefit, under any other law, on account of 
civilian employment by the United States or otherwise, or in deter-
mining the amount payable under that law, if that service is other-
wise properly credited under it. 
"§ 12737. Limitation on active duty 
"A member of the armed forces may not be ordered to active 
duty solely for the purpose of qualifying the member for retired 
pay under this chapter. 
"§ 12738. Limitations on revocation of retired pay 
"(a) After a person is granted retired pay under this chapter, 
or is notified in accordance with section 12731(d) of this title that 
the person has completed the years of service required for eligibility 
for retired pay under this chapter, the person's eligibility for retired 
pay may not be denied or revoked on the basis of any error, 
miscalculation, misinformation, or administrative determination of 
years of service performed as required by section 12731(a)(2) of 
this title, unless it resulted directly from the fraud or misrepresenta-
tion of the person. 
108 STAT. 3004 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(b) The number of years of creditable service upon which 
retired pay is computed may be adjusted to correct any error, 
miscalculation, misinformation, or administrative determination 
and when such a correction is made the person is entitled to 
retired pay in accordance with the number of years of creditable 
service, as corrected, from the date the person is granted retired 
pay. 
"§ 12739. Computation of retired pay 
"(a) The monthly retired pay of a person entitled to that pay 
under this chapter is the product o
f
— 
"(1) the retired pay base for that person as computed under 
section 1406(b)(2) or 1407 of this title; and 
"(2) 2V2 percent of the years of service credited to that 
person under section 12733 of this title. 
"(b) The amount computed under subsection (a) may not exceed 
75 percent of the retired pay base upon which the computation 
is based. 
"(c) Amounts computed under this section, if not a multiple 
of $1, shall be rounded down to the next lower multiple of $1.". 
10 use 1401. 
(2) Section 1401(a) is amended by striking out formula number 
3 in the table set forth in that section. 
10 use 1405. 
(3) Section 1405(a)(3) is amended by striking out "section 1333" 
and "section 1331" and inserting in lieu thereof "section 12733" 
and "section 12731", respectively. 
10 use 1406. 
(4) Section 1406(b) is amended— 
(A) by striking out the matter preceding the table and 
inserting in lieu thereof the following: 
"(b) RETIREMENT UNDER SUBTITLE A OR E.— 
"(1) 
DISABILITY, WARRANT OFFICER, AND DOPMA RETIRE-
MENT.—In the case of a person whose retired pay is computed 
under this subtitle, the retired pay base is determined in accord-
ance with the following table."; 
(B) in the table— 
(i) by striking out the entry relating to section 1331 
(including the matter relating to that entry in the column 
under the heading "The retired pay base is:"); and 
(ii) by redesignating the references to footnotes 3 and 
4 so as to refer to footnotes 2 and 3, respectively; 
(C) by striking out footnote 2 to the table and redesignating 
footnotes 3 and 4 as footnotes 2 and 3, respectively; and 
(D) by adding at the end the following: 
"(2) NON-REGULAR SERVICE RETIREMENT.—In the case of 
a person who is entitled to retired pay under section 12731 
of this title, the retired pay base is the monthly basic pay, 
determined at the rates applicable on the date when retired 
pay is granted, of the highest grade held satisfactorily by the 
person at any time in the armed forces. For purposes of the 
preceding sentence, the highest grade in which a person served 
satisfactorily as an officer shall be determined in accordance 
with section 1370(d) of this title.". 
10 use 1407. 
(5) Section 1407 is amended— 
(A) in subsection (c)(2)(B), by striking out "chapter 67" 
and inserting in lieu thereof "chapter 1223"; and 
(B) in subsection (f)(2)— 
(i) by striking out "CHAPTER 67" in the heading and 
inserting in lieu thereof "CHAPTER 1223"; and 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3005 
(ii) by striking out "section 1331" and inserting in 
lieu thereof "section 12731". 
(6) Section 1409(a)(1)(B) is amended by striking out "chapter lo use 1409. 
67" and inserting in lieu thereof "chapter 1223". 
(7) Part II of subtitle A is amended by inserting after chapter 
65 the following: 
"CHAPTER 67—RETIRED PAY FOR 
NONREGULAR SERVICE 
"Sec. 
"1331. Reference to chapter 1223. 
"§ 1331. Reference to chapter 1223 
"Provisions of law relating to retired pay for nonregular service 
are set forth in chapter 1223 of this title (beginning with section 
12731).". 
Repeal. 
(8) Section 6034 is repealed. 
(k) RETIRED GRADE.—(1) Part II of subtitle E, as added by 
subsection (a), is further amended by adding after chapter 1223 
(as added by subsection (j)) the following: 
"CHAPTER 1225—RETIRED GRADE 
"Sec. 
"12771. Reserve officers: grade on transfer to Retired Reserve. 
"12772. Reserve commissioned officers who have served as Attending Physician to 
the Congress: grade on transfer to Retired Reserve. 
"12773. Limitation on accrual of increased pay or benefits. 
"12774. Retired hsts. 
"§ 12771. Reserve officers: grade on transfer to Retired 
Reserve 
"Unless entitled to a higher grade under another provision 
of law, a reserve commissioned officer, other than a commissioned 
warrant officer, who is transferred to the Retired Reserve is entitled 
to be placed on the retired list established by section 12774(a) 
of this title in the highest grade in which he served satisfactorily, 
as determined by the Secretary concerned and in accordance with 
section 1370(d), in the armed force in which he is serving on 
the date of transfer. 
"§ 12772. Reserve commissioned officers who have served as 
Attending Physician to the Congress: grade on 
transfer to Retired Reserve 
"Unless entitled to a higher grade under another provision 
of law, a reserve commissioned officer who is transferred to the 
Retired Reserve after having served in the position of Attending 
Physician to the Congress is entitled to be placed on the retired 
list established by section 12774(a) of this title in the grade held 
by the officer while serving in that position. 
"§ 12773. Limitation on accrual of increased pay or benefits 
"Unless otherwise provided by law, no person is entitled to 
increased pay or other benefits because of sections 12771 and 12772 
of this title. 
108 STAT. 3006 
PUBLIC LAW 103-337-OCT. 5, 1994 
"§12774. Retired lists 
Regulations. 
"(a) Under regulations prescribed by the Secretary concerned, 
there shall be maintained retired lists containing the names of 
the Reserves of the armed forces under the Secretary's jurisdiction 
who are in the Retired Reserve. 
"(b) The Secretary of the Navy shall maintain a United States 
Naval Reserve Retired List containing the names of members of 
the Naval Reserve and the Marine Corps Reserve entitled to retired 
pay.". 
Repeal. 
(2) Sections 1374 and 6017 are repealed. 
(3)(A) Section 1376 is amended— 
(i) by striking out subsection (a); and 
(ii) by striking out "(b)" before "The Secretary concerned". 
(B) The heading of that section is amended to read as follows: 
"§ 1376. Temporary disability retired lists". 
SEC. 1663. LAWS RELATING TO RESERVE COMPONENT TRAINING AND 
EDUCATIONAL ASSISTANCE PROGRAMS. 
(a) TRAINING GENERALLY.—Subtitle E, as added by section 1611, 
is amended by adding after part III of such subtitle (as added 
by that section) the following: 
"PART IV—TRAINING FOR RESERVE COMPONENTS AND 
EDUCATIONAL ASSISTANCE PROGRAMS 
"Chap. 
Sec. 
"1601. Training Generally 
[No present 
sections] 
"1606. Educational Assistance for Members of the Selected Reserve 
16131 
"1608. Health Professions Stipend Program 
16201 
"1609. Education Loan Repayments 
16301 
"CHAPTER 1601—TRAINING GENERALLY 
"[No present sections]". 
(b) MONTGOMERY GI BILL FOR SELECTED RESERVE.—(1) Part 
IV of subtitle E (as added by subsection (a)) is amended by adding 
at the end the following: 
"CHAPTER 1606—EDUCATIONAL ASSISTANCE 
FOR MEMBERS OF THE SELECTED RESERVE 
"Sec. 
"16131. Educational assistance program: establishment; amount. 
"16132. Eligibility for educational assistance. 
"16133. Time limitations for use of entitlement. 
"16134. Termination of assistance. 
"16135. Failure to participate satisfactorily; penalties. 
"16136. Administration of program. 
"16137. Reports to Congress.". 
(2) Sections 2131 through 2137 are transferred to chapter 1606, 
as added by paragraph (1), inserted after the table of sections, 
and redesignated as follows: 
Redesignated 
Section 
section 
2131 
16131 
2132 
16132 
2133 
16133 
2134 
16134 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3007 
2135 
16135 
2136 
16136 
2137 
16137 
(3) Section 16131 (as so redesignated) is amended— 
^nte, p. 300G. 
(A) in subsection (c)(3)(B)(i), by striking out "section 672 
(a), (d), or (g), 673, or 673b" and inserting in lieu thereof 
"section 12301(a), 12301(d), 12301(g), 12302, or 12304"; and 
(B) in subsection (g)(1), by striking out "section 2136(c)" 
and inserting in lieu thereof "section 16136(c)". 
(4) Section 16132 (as so redesignated) is amended— 
(A) in subsection (a), by striking out "section 2131" and 
inserting in lieu thereof "section 16131"; and 
(B) in subsection (c), by striking out "sections 2134 and 
2135" and inserting in lieu thereof "section 16134 and 16135". 
(5) Section 16133 (as so redesignated) is amended— 
(A) in subsection (b)(1)(B), by striking out "section 268(b)" 
and inserting in lieu thereof "section 10143(a)"; and 
(B) in subsection (b)(4)(A), by striking out "section 672 
(a), (d), or (g), 673, or 673b" and inserting in lieu thereof 
"section 12301(a), 12301(d), 12301(g), 12302, or 12304". 
(6) Section 16135 (as so redesignated) is amended— 
(A) by striking out "section 2132" in subsection (a)(1)(A) 
and inserting in lieu thereof "section 16132"; and 
(B) by striking out "section 2132(a)" in subsection (b)(1)(A) 
and inserting in lieu thereof "section 16132(a)". 
(7) Chapter 106 is amended by striking out the table of sections 
at the beginning £md inserting in lieu thereof the following: 
"Sec. 
"2131. Reference to chapter 1606. 
"2138. Savings provision. 
"§ 2131. Reference to chapter 1606 
"Provisions of law relating to educational assistance for mem-
bers of the Selected Reserve under the Montgomery GI Bill program 
are set forth in chapter 1606 of this title (beginning with section 
16131).". 
(c) HEALTH PROFESSIONS STIPEND PROGRAM.—(1) Part IV of 
subtitle E (as added by subsection (a)) is Eunended by adding after 
chapter 1606 (as added by subsection (b)) the following: 
"CHAPTER 1608—HEALTH PROFESSIONS 
STIPEND PROGRAM 
"Sec. 
"16201. Financial assistance: health-care professionals in reserve components. 
"16202. Reserve service: required active duty for training. 
"16203. Penalties and limitations. 
"16204. Regulations. 
j 
'<§ 16204. Regulations 
"This chapter shall be administered under regulations pre-
scribed by the Secretary of Defense.". 
(2) Section 2128 is transferred to chapter 1608, as added by 
paragraph (1), inserted after the table of sections, redesignated 
as section 16201, and amended by striking out subsection (f). 
(3) Section 2129 is transferred to chapter 1608, as added by 
paragraph (1), inserted after section 16201 (as transferred and 
redesignated Jby paragraph (2)), and redesignated as section 16202. 
108 STAT. 3008 
PUBLIC LAW 103-337—OCT. 5, 1994 
(4)(A) Section 2130 is transferred to chapter 1608, as added 
by paragraph (1), inserted after section 16202 (as transferred and 
redesignated by paragraph (3)), redesignated as section 16203, and 
amended by striking out subsection (c). 
(B) The heading of that section is amended to read as follows: 
'<§ 16203. Penalties and limitations". 
(5) Section 16201, as so redesignated, is amended by striking 
out "subchapter" each place it appears and inserting in lieu thereof 
"chapter". 
(6) Section 16202, as so redesignated, is amended by striking 
out "section 2128" both places it appears and inserting in lieu 
thereof "section 16201". 
(7) Chapter 105 is amended— 
(A) in the table of subchapters before subchapter I— 
(i) by striking out the item relating to subchapter 
II; and 
(ii) by redesignating the item relating to subchapter 
III so as to refer to subchapter II; 
(B) by striking out the heading for subchapter II and the 
table of sections following that heading; and 
(C) by redesignating subchapter III as subchapter II, 
(d) EDUCATION LOAN REPAYMENT PROGRAMS.—(1) Part rv of 
subtitle E (as added by subsection (a)) is amended by adding after 
chapter 1608 (as added by subsection (c)) the following: 
"CHAPTER 1609—EDUCATION LOAN 
REPAYMENT PROGRAMS 
"Sec. 
"16301. Education loan repayment program: enlisted members of Selected Reserve 
with critical specialties. 
"16302. Education loan repa3mient program: health professions officers serving in 
Selected Reserve with wartime critical medical skill shortages. 
"§ 16301. Education loan repayment program: enlisted mem-
bers of Selected Reserve with critical specialties 
"(a)(1) Subject to the provisions of this section, the Secretary 
of Defense may repay— 
"(A) any loan made, insured, or guaranteed under part 
B of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1071 et seq.); or 
"(B) any loan made under part E of such title (20 U.S.C. 
1087aa et seq.). 
Repayment of any such loan shall be made on the basis of each 
complete year of service performed by the borrower. 
"(2) The Secretary may repay loans described in paragraph 
(1) in the case of any person for service performed as an enlisted 
member of the Selected Reserve of the Ready Reserve of an armed 
force in a reserve component and military specialty specified by 
the Secretary of Defense. The Secretary may repay such a loan 
only if the person to whom the loan was made performed such 
service after the loan was made. 
"(b) The portion or amount of a loan that may be repaid 
under subsection (a) is 15 percent or $500, whichever is greater, 
for each year of service. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3009 
"(c) If a portion of a loan is repaid under this section for 
any year, interest on the remainder of the loan shall accrue and 
be paid in the same manner as is otherwise required. 
"(d) Nothing in this section shall be construed to authorize 
refunding any repayment of a loan. 
"(e) A person who trgmsfers from service making the person 
eligible for repayment of loans under this section (as described 
in subsection (a)(2)) to service making the person eligible for repay-
ment of loans under section 2171 of this title (as described in 
subsection (a)(2) of that section) during a year shall be eligible 
to have repaid a portion of such loan determined by giving appro-
priate fractional credit for each portion of the year so served, 
in accordance with regulations of the Secretary concerned. 
"(f) The Secretary of Defense shall, by regulation, prescribe Regulations, 
a schedule for the allocation of fiinds made available to carry 
out the provisions of this section and section 2171 of this title 
during any year for which fiinds are not sufficient to pay the 
sum of the amounts eligible for repajonent under subsection (a) 
and section 2171(a) of this title.". 
(2)(A) Section 2172 is transferred to the end of chapter 1609, 
as added by paragraph (1), and redesignated as section 16302. 
(B) The heading of such section is amended to read as follows: 
*
^
§ 16302. Education loan repayment program: health profes-
sions officers serving in Selected Reserve with 
wartime critical medical skill shortages". 
(e) CONFORMING AMENDMENTS.—Section 2171 is amended as iousc2i7i. 
follows: 
(1) Subsection (a)(1)(B) is amended by striking out "or" 
after "(B)". 
(2) Subsection (a)(2) is amended— 
(A) in the first sentence, by striking out "person for— 
" and all that follows through "(B) service performed" and 
inserting in lieu thereof "person for service performed"; 
and 
(B) by striking out the second sentence. 
(3) Subsection (b) is amended to read as follows: 
"(b) The portion or amount of a lo£in that may be repaid 
under subsection (a) is 33V3 percent or $1,500, whichever is greater, 
for each year of service.". 
(4) Subsection (e) is amended by striking out "Any individ-
ual who transfers from service described in clause (A) or (B) 
of subsection (a)(2) to service described in the other clause 
of such subsection" and inserting in lieu thereof "A person 
who transfers from service making the person eligible for repay-
ment of loans under this section (as described in subsection 
(a)(2)) to service making the person eligible for repayment 
of loans under section 16301 of this title (as described in sub-
section (a)(2) of that section)". 
(5) Subsection (f) is amended— 
(A) by inserting "and section 16301 of this title" after 
"this section"; and 
(B) by inserting "and section 16301(a) of this title" 
after "subsection (a)". 
(6) The heading of such section is amended to read as 
follows: 
108 STAT. 3010 
PUBLIC LAW 103-337—OCT. 5, 1994 
''§2171. Education loan repayment program: enlisted mem-
bers on active duty in specified military special-
ties". 
SEC. 1664. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT 
AND EQUIPMENT. 
(a) ADDITION OF NEW PART.—(1) Subtitle E, as added by section 
1611, is amended by adding after part IV of such subtitle (as 
added by section 1663) the following: 
"PART V—SERVICE, SUPPLY, AND PROCUREMENT 
"Chap. 
Sec. 
"1801. Issue of Serviceable Material to Reserve Components 
[No present 
_, 
sections] 
"1803. Facilities for Reserve Components 
18231 
"1805. Miscellaneous Provisions 
18501 
"CHAPTER 1801—ISSUE OF SERVICEABLE 
MATERIAL TO RESERVE COMPONENTS 
"[No present sections]". 
(b) FACILITIES FOR RESERVE COMPONENTS.—(1) Chapter 
133 
is transferred to the end of part V of subtitle E, as added by 
subsection (a), and redesignated as chapter 1803. 
(2) The sections of that chapter are redesignated as follows: 
Redesignated 
Section 
section 
2231 
18231 
2232 
18232 
2233 
18233 
2233a 
18233a 
2234 
18234 
2235 
18235 
2236 
18236 
2237 
18237 
2238 
18238 
2239 
18239 
(3) The items in the table of sections at the beginning of 
such chapter are revised to reflect the redesignations made by 
paragraph (2). 
(4) Section 18233 (as redesignated by paragraph (2)) is amended 
by striking out "sections 2233a, 2234, 2235, 2236, and 2238" in 
subsection (a) and inserting in lieu thereof "sections 18233a, 18234, 
18235, 18236, and 18238". 
(5) Section 18233a (as redesignated by paragraph (2)) is 
amended— 
(A) in subsection (a), by striking out "section 2233" and 
inserting in lieu thereof "section 18233"; and 
(B) in subsection (b), by striking out "section 2233(a)" and 
\ 
inserting in lieu thereof "section 18233(a)". 
(6) Section 18234 (as redesignated by paragraph (2)) is amended 
by striking out "section 2233" and inserting in lieu thereof "section 
18233". 
(7) Section 18235 (as redesignated by paragraph (2)) is amended 
by striking out "section 2233(a)(1)" in subsection (a)(1) and inserting 
in heu thereof "section 18233". 
(8) Section 18236 (as redesignated by paragraph (2)) is 
amended— 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3011 
(A) in subsection (a)— 
(i) by striking out "section 2233" in the first sentence 
and inserting in lieu thereof "section 18233"; and 
(ii) by striking out "section 2233(a)(3) or (4)" in the 
second sentence and inserting in lieu thereof "paragraph 
(3) or (4) of section 18233(a)"; 
(B) in subsection (b)— 
(i) by striking out "clause (4) or (5) of section 2233(a)" 
in the matter preceding paragraph (1) and inserting in 
lieu thereof "paragraph (4) or (5) of section 18233(a)"; and 
(ii) by striking out "section 2233(e)" in paragraph (2) 
and inserting in lieu thereof "section 18233(e)"; and 
(C) in subsection (c), by striking out "section 2233" and 
inserting in lieu thereof "section 18233". 
(9) Section 18237 (as redesignated by paragraph (2)) is 
amended— 
(A) in subsection (a), by striking out "section 2233(a)(2), 
(3) and (4)" and inserting in lieu thereof "paragraph (2), (3), 
or (4) of section 18233(a)"; and 
(B) in subsection (b), by striking out "section 2233(a)(2), 
(3) or (4)" and inserting in lieu thereof "paragraph (2), (3), 
or (4) of section 18233(a)". 
(10) Section 18239 (as redesignated by paragraph (2)) is amend-
ed by striking out "section 2233" both places it appears and insert-
ing in lieu thereof "section 18233". 
(11) Part IV of subtitle A is amended by inserting after chapter 
131 the following: 
"CHAPTER 133—FACILITIES FOR RESERVE 
COMPONENTS 
"Sec 
"2231. Reference to chapter 1803. 
"§ 2231. Reference to chapter 1803 
"Provisions of law relating to facilities for reserve components 
are set forth in chapter 1803 of this title (beginning with section 
18231).". 
(c) MISCELLANEOUS PROVISIONS.—(1) Part V of subtitle E, as 
added by subsection (a), is amended by adding after chapter 1803, 
as transferred by subsection (b), the following: 
"CHAPTER 1805—MISCELLANEOUS 
PROVISIONS 
"Sec. 
"18501. Reserve components: personnel and logistic support by military depart-
ments. 
"18502. Reserve components: supplies, services, and facilities. 
*'§ 18501. Reserve components: personnel and logistic support 
by military departments 
"The Secretary concerned is responsible for providing the 
personnel, equipment, facilities, and other general logistic support 
necessary to enable units and Reserves in the Ready Reserve of 
the reserve components under his jurisdiction to satisfy the training 
requirements and mobilization readiness requirements for those 
units and Reserves as recommended by the Secretary concerned 
108 STAT. 3012 
PUBLIC LAW 103-337—OCT. 5, 1994 
and by the Chairman of the Joint Chiefs of Staff and approved 
by the Secretary of Defense, and as recommended by the Com-
mandant of the Coast Guard and approved by the Secretary of 
Transportation when the Coast Guard is not operated as a service 
of the Navy. 
''§18502. Reserve components: supplies, services, and facili-
ties 
"(a) The Secretary concerned shall make available to the reserve 
components under his jurisdiction the supplies, services, and facili-
ties of the armed forces under his jurisdiction that he considers 
necessary to support and develop those components. 
"(b) Whenever he finds it to be in the best interest of the 
United States, the Secretary concerned may issue supplies of the 
armed forces under his jurisdiction to the reserve components under 
his jurisdiction, without charge to the appropriations for those 
components for the cost or value of the supplies or for any related 
expense. 
"(c) Whenever he finds it to be in the best interest of the 
United States, the Secretary of the Army or the Secretary of the 
Air Force may issue to the Army National Guard or the Air National 
Guard, as the case may be, supplies of the armed forces under 
his jurisdiction that are in addition to supplies issued to that 
National Guard under section 702 of title 32 or charged against 
its appropriations under section 106 or 107 of title 32, without 
charge to the appropriations for those components for the cost 
or value of the supplies or for any related expense. 
"(d) Supplies issued under subsection (b) or (c) may be 
repossessed or redistributed as prescribed by the Secretary con-
cerned.". 
(2) Section 2540 is repealed. 
10 u s e note 
SEC. 1665. LEGISLATIVE CONSTRUCTION. 
^^^' 
(a) REFERENCES TO TRANSFERRED OR REPLACED PROVISIONS.— 
A reference to a provision of title 10, United States Code, trans-
ferred or replaced by the provisions of sections 1661 through 1664 
(including a reference in a regulation, order, or other law) shall 
be treated as referring to that provision as transferred or to the 
corresponding provision as so enacted by this subtitle. 
(b) SAVINGS PROVISION FOR REGULATIONS.—A regulation, rule, 
or order in effect under a provision of title 10, United States 
Code, replaced by a provision of that title enacted by sections 
1661 through 1664 shall continue in effect under the corresponding 
provision so enacted until repealed, amended, or superseded. 
(c) GENERAL SAVINGS PROVISION.—An action taken, or a right 
that matured, under a provision of title 10, United States Code, 
replaced by a provision of that title enacted by sections 1661 through 
1664 shall be treated as having been taken, or having matured, 
under the corresponding provision so enacted. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3013 
Subtitle D—^Technical and Clerical 
Amendments 
SEC. 1671. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES 
CODE. 
(a) TABLE OF SUBTITLES.—The table of subtitles preceding sub-
title A is amended by adding at the end the following new item: 
"E. Reserve Components 
10001". 
(b) TABLES OF SECTIONS.— 
(1) The table of sections at the beginning of chapter 2 
is amended by striking out the item relating to section 115b. 
(2) The table of sections at the beginning of chapter 3 
is amended by striking out the item relating to section 123 
and inserting in lieu thereof the following: 
"123. Authority to suspend officer personnel laws during war or national emer-
gency.". 
(3) The table of sections at the beginning of chapter 31 
is amended by striking out the items relating to sections 510, 
511, 512, and 517. 
(4) The table of sections at the beginning of chapter 32 
is amended— 
(A) by striking out the item relating to section 524; 
and 
(B) by striking out "524," in the item relating to section 
527. 
(5) The table of sections at the beginning of subchapter 
V of chapter 36 is amended by striking out the item relating 
to section 644. 
(6) The table of sections at the beginning of chapter 37 
is amended by striking out the item relating to section 652. 
(7) The table of sections at the beginning of chapter 39 
is amended— 
(A) by striking out the item relating to section 672 
and inserting in lieu thereof the following: 
"672. Reference to chapter 1209."; 
and 
(B) by striking out the items relating to sections 673 
through 686 and section 689. 
(8) The table of sections at the beginning of chapter 41 
is amended by striking out the item relating to section 715. 
(9) The table of sections at the beginning of chapter 53 
is amended by striking out the item relating to section 1033. 
(10) The table of sections at the beginning of chapter 59 
is amended by striking out the items relating to sections 1162 
and 1163. 
(11) The table of sections at the beginning of chapter 69 
is amended— 
(A) by striking out the item relating to section 1374; 
and 
(B) by striking out the item relating to section 1376 
and inserting in lieu thereof the following: 
"1376. Temporary disability retired lists.". 
108 STAT. 3014 
PUBLIC LAW 103-337—OCT. 5, 1994 
(12) The table of sections at the beginning of chapter 101 
is amended by striking out the item relating to section 2001. 
(13) The table of sections at the beginning of chapter 109 
is amended by striking out the items relating to sections 2171 
and 2172 and inserting in lieu thereof the following: 
"2171. Education loan repayment program: enlisted members on active duty in spec-
ified military specialties.". 
(14) The table of sections at the beginning of subchapter 
I of chapter 152 is amended by striking out the item relating 
to section 2540. 
(c) CROSS-REFERENCE AMENDMENTS.— 
(1) Section 101(a)(13) is amended by striking out "672(a), 
673, 673b, 673c, 688, 3500, or 8500" and inserting in heu 
thereof "688, 12301(a), 12302, 12304, 12305, or 12406". 
(2) Section 113(c)(3) is amended by striking out "chapters 
51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title, 
as far as they apply to reserve officers" and inserting in lieu 
thereof "chapters 1219 and 1401 through 1411 of this title". 
(3) Section 523(b)(1) is amended— 
(A) in subparagraph (B), by striking out "section 265" 
and all that follows through "of this title" and inserting 
in heu thereof "section 10211, 10302 through 10305, or 
12402 of this title"; 
(B) in subparagraph (C), by striking out "section 
672(d)" and inserting in heu thereof "section 12301(d)"; 
and 
(C) in subparagraph (E), by striking out "section 673b" 
and inserting in lieu thereof "section 12304". 
(4) Section 527 is amended by striking out "524," in the 
text and in the heading. 
(5) Section 641(1) is amended— 
(A) in subparagraph (B), by striking out "section 175" 
and all that follows through "of this title" and inserting 
in lieu thereof "section 3038, 8038, 10211, 10301 through 
10305, 10501, or 12402 of this title"; 
(B) in subparagraph (C), by striking out "section 
672(d)" and inserting in heu thereof "section 12301(d)"; 
and 
(C) in subparagraph (E), by striking out "section 673b" 
and inserting in lieu thereof "section 12304". 
(6) Sections 1201, 1202, and 1203 are each amended by 
striking out "section 270(b)" and inserting in lieu thereof "sec-
tion 10148(a)". 
(7)(A) Section 1076(b)(2)(A) is amended by striking out 
"under chapter 67 of this title" and inserting in lieu thereof 
"under chapter 1223 of this title (or under chapter 67 of this 
title as in effect before the effective date of the Reserve Officer 
Personnel Management Act)". 
(B) Section 1370(a)(1) is amended by striking out "chapter 
67" and inserting in lieu thereof "chapter 1223". 
(8) Section 1482(f)(2) is amended by striking out "section 
1332" and "section 1331" and inserting in lieu thereof "section 
12732" and "12731", respectively. 
(d) SURVIVOR BENEFIT PLAN.—Subchapter II of chapter 73 is 
amended as follows: 
(1) Section 1447(14) is amended by striking out "chapter 
67 of this title" and inserting in lieu thereof "chapter 1223 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3015 
of this title (or under chapter 67 of this title as in effect 
before the effective date of the Reserve Officer Personnel 
Management Act)". 
(2) The following provisions are amended by striking out 
"section 
1331(d)" and inserting in lieu thereof 
"section 
12731(d)": sections 1447(2)(C), 1448(a)(2)(B), 1448(f)(1)(A), and 
1448(f)(1)(B). 
SEC. 1672. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNITED STATES 
CODE. 
(a) TABLES OF CHAPTERS.—The table of chapters at the begin-
ning of subtitle B, and the table of chapters at the beginning 
of part II of that subtitle, are each amended by striking out the 
items relating to chapters 337, 361, and 363. 
(b) TABLES OF SECTIONS.— 
(1) The table of sections at the beginning of chapter 307 
is amended by striking out the items relating to section 3076 
through 3080 and section 3082. 
(2) The table of sections at the beginning of chapter 331 
is amended by striking out the items relating to section 3212 
and sections 3217 through 3225. 
(3) The table of sections at the beginning of chapter 333 
is amended by striking out the items relating to sections 3259, 
3260, and 3261. 
(4) The table of sections at the beginning of chapter 341 
is amended by striking out the items relating to sections 3495 
through 3502. 
(5) The table of sections at the beginning of chapter 343 
is amended by striking out the items relating to sections 3541 
and 3542. 
(6) The table of sections at the beginning of chapter 353 
is amended by striking out the item relating to section 3686. 
(c) CROSS REFERENCE AMENDMENTS.— 
(1) Section 3038(b) is amended by striking out "section 
265" and inserting in lieu thereof "section 10211". 
(2) Section 3961(a) is amended by striking out "chapter 
67" £ind inserting in lieu thereof "chapter 1223". 
(3) Section 4342(b)(1)(B) is amended by striking out "section 
1331 of this title" and inserting in lieu thereof "section 12731 
of this title (or under section 1331 of this title as in effect 
before the effective date of the Reserve Officer Personnel 
Management Act)". 
SEC. 1673. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED STATES 
CODE. 
(a) TABLES OF CHAPTERS.— 
(1) The table of chapters at the beginning of subtitle C 
is amended by striking out the items relating to chapters 519, 
531, 541, and 549. 
(2) The table of chapters at the beginning of part I of 
subtitle C is amended by striking out the item relating to 
chapter 519. 
(3) The table of chapters at the beginning of part II of 
subtitle C is amended by striking out the items relating to 
chapters 531, 541, and 549. 
(b) TABLES OF SECTIONS.— 
108 STAT. 3016 
PUBLIC LAW 103-337—OCT. 5, 1994 
(1) The table of sections at the beginning of chapter 533 
is amended by striking out the items relating to sections 5456, 
5457, and 5458. 
(2) The table of sections at the beginning of chapter 539 
is amended by striking out the item relating to section 5600. 
(3) The table of sections at the beginning of chapter 555 
is amended by striking out the items relating to sections 6017 
and 6034. 
(4) The table of sections at the beginning of chapter 573 
is amended by striking out the items relating to sections 6391, 
6392, 6397, 6403, and 6410. 
(c) CROSS REFERENCE AMENDMENTS.— 
(1) Section 6389(a) is amended by striking out "section 
1005" and inserting in lieu thereof "section 12645". 
(2) Section 6954(b)(1)(B) is amended by striking out "section 
1331 of this title" and inserting in lieu thereof "section 12731 
of this title (or under section 1331 of this title as in effect 
before the effective date of the Reserve Officer Personnel 
Management Act)". 
(d) REPEAL OF SECTION REDUNDANT WITH SECTION 741.— 
(1) Section 5506 is repealed. 
(2) The table of sections at the beginning of chapter 535 
is amended by striking out the item relating to section 5506. 
SEC. 1674. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED STATES 
CODE. 
(a) TABLES OF CHAPTERS.—The table of chapters at the begin-
ning of subtitle D, and the table of chapters at the beginning 
of part II of that subtitle, are each amended by striking out the 
items relating to chapters 837 and 863. 
(b) TABLES OF SECTIONS.— 
(1) The table of sections at the beginning of chapter 807 
is amended by striking out the items relating to sections 8076 
through 8080. 
(2) The table of sections at the beginning of chapter 831 
is amended by striking out the items relating to section 8212 
and sections 8217 through 8225. 
(3) The table of sections at the beginning of chapter 833 
is amended by striking out the items relating to sections 8259, 
8260, and 8261. 
(4) The table of sections at the beginning of chapter 841 
is amended by striking out the items relating to sections 8495 
through 8502. 
(5) The table of sections at the beginning of chapter 843 
is amended by striking out the items relating to sections 8541 
and 8542. 
(6) The table of sections at the beginning of chapter 853 
is amended by striking out the item relating to section 8686. 
(7) The table of sections at the beginning of chapter 861 
is amended by striking out the items relating to sections 8819 
and 8820. 
(c) CROSS REFERENCE AMENDMENTS.— 
(1) Section 8038(b) is amended by striking out "section 
265" and inserting in lieu thereof "section 10211". 
(2) Section 8961(a) is amended by striking out "chapter 
67" and inserting in lieu thereof "chapter 1223". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3017 
(3) Section 9342(b)(1)(B) is amended by striking out "section 
1331 of this title" and inserting in lieu thereof "section 12731 
of this title (or under section 1331 of this title as in effect 
before the effective date of the Reserve Officer Personnel 
Management Act)". 
SEC. 1675. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED STATES 
CODE. 
(a) CHAPTER 1203.—Section 12102 (as transferred and redesig-
nated by section 1662(b)(2)) is amended by striking out "section 
3261 or 8261" in subsection (a) and inserting in lieu thereof "section 
12107". 
(b) CHAPTER 1205.—Sections of chapter 1205 (as transferred 
and redesignated by section 1662(c)(2)) are amended as follows: 
(1) Section 12203 is amended by striking out "3352, or 
8352" in subsection (a) and inserting in lieu thereof "12213, 
or 12214". 
(2) Sections 12213 and 12214 are amended by striking 
out "or Territory, Puerto Rico, or the District of Columbia, 
whichever is" in subsection (a). 
(c) CHAPTER 1209.—Sections of chapter 1209 (as transferred 
and redesignated by section 1662(e)(2)) are amended as follows: 
(1) Section 12301 is amended— 
(A) in subsection (b), by striking out "or Territory" 
and all that follows through the period at the end and 
' 
inserting in lieu thereof "(or, in the case of the District 
of Columbia National Guard, the commanding general of 
the District of Columbia National Guard)."; and 
(B) in subsection (d), by striking out "or Territory, 
Puerto Rico, or the District of Columbia, whichever is". 
(2) Section 12304 is amended— 
(A) by striking out "section 673(a)" in subsection (a) 
and inserting in lieu thereof "section 12302(a)"; 
(B) by striking out "section 268(b)" in subsection (a) 
and inserting in lieu thereof "section 10143(a)"; and 
(C) by striking out "section 3500 or 8500" in subsection 
(b) and inserting in lieu thereof "section 12406". 
(3) Section 12305 is amended by striking out "section 672, 
673, or 673b" in subsections (a) and (b) and inserting in lieu 
thereof "section 12301, 12302, or 12304". 
(4) Section 12306 is amended by striking out "section 672" 
in subsection (a) and inserting in lieu thereof "section 12301". 
(5) Section 12307 is amended by striking out "section 672(a) 
or 688", "section 1001(b)", and "chapter 67" and inserting in 
lieu thereof "section 688 or 12301(a)", "section 12641(b)", and 
"chapter 1223", respectively. 
(6) Section 12308 is amended by striking out "chapter 
67" and "section 1332(b)" and inserting in lieu thereof "chapter 
1223" and "section 12732(b)", respectively. 
(7) Section 12310 is amended by striking out "section 
672(d)" in subsection (a) and inserting in lieu thereof "section 
12301(d)". 
(8) Section 12312 is amended by striking out "section 
679(a)" in subsections (a) and (b) and inserting in lieu thereof 
"section 12311(a)". 
(9) Section 12318 is amended— 
108 STAT. 3018 
PUBLIC LAW 103-337—OCT. 5, 1994 
(A) by striking out "section 673 or 673b" in subsections 
(a) and (b) and inserting in lieu thereof "section 12302 
or 12304"; and 
(B) by striking out "section 678" in subsection (b) and 
inserting in lieu thereof "section 12310". 
(10) Section 12319(d) is amended by striking out "chapter 
67" and inserting in lieu thereof "chapter 1223". 
(11) Section 12320 is amended by striking out "section 
3353, 5600, or 8353" and inserting in lieu thereof "section 
12207". 
(d) CHAPTER 1219.—Sections of chapter 1219 (as transferred 
and redesignated by section 1662(h)) are amended as follows: 
(1) Section 12642 is amended— 
(A) by striking out "section 1332(a)(2)" in subsection 
(a) and inserting in lieu thereof "section 12732(a)(2)"; and 
(B) by striking out "section 1005" in subsection (b) 
and inserting in lieu thereof "section 12645". 
(2) Section 12645 is amended by striking out "chapter 
337, 361, 363, 573, 837, 861, or 863" in subsection (a) and 
inserting in lieu thereof "chapter 573, 1407, 1409, or 1411". 
(3) Section 12646 is amended— 
(A) by striking out "section 1332" each place it appears 
in subsections (a) and (b) and inserting in lieu thereof 
"section 12732"; 
(B) by striking out "chapter 337, 361, 363, 573, 837, 
861, or 863" in subsections (a) and (b) and inserting in 
Heu thereof "chapter 573, 1407, or 1409"; and 
(C) by striking out subsection (e) and inserting in lieu 
thereof the following: 
"(e)(1) A reserve commissioned officer on active duty (other 
than for training) or full-time National Guard duty (other than 
full-time National Guard duty for training only) who, on the date 
on which the officer would otherwise be removed from an active 
status under section 6389, 14513, or 14514 of this title or section 
740 of title 14, is within two years of qualifying for retirement 
under section 3911, 6323, or 8911 of this title may, in the discretion 
of the Secretary concerned and subject to paragraph (2), be retained 
on that duty for a period of not more than two years. 
"(2) An officer may be retained on active duty or full-time 
National Guard duty under paragraph (1) only if— 
"(A) at the end of the period for which the officer is retained 
the officer will be qualified for retirement under section 3911, 
6323, or 8911 of this title; and 
"(B) the officer will not, before the end of that period, 
reach the age at which transfer from an active status or dis-
charge is required by this title or title 14. 
"(3) An officer who is retained on active duty or full-time 
National Guard duty imder this section may not be removed from 
an active status while on that duty.". 
(4) Section 12647 is amended by striking out "chapters 
337, 363, 573, 837, and 863" and inserting in lieu thereof 
"chapters 573, 1407, and 1409". 
SEC. 1676. AMENDMENTS TO TITLES 32 AND 37, UNITED STATES CODE. 
(a) TITLE 32, UNITED STATES CODE.—Title 32, United States 
Code, is amended as follows: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3019 
(1) Section 107(c) is amended by striking out "section 3496 
or 8496" and inserting in lieu thereof "section 12402". 
(2) Section 307(a)(3) is amended by striking out "and sec-
tions 8365 and 8366 of title 10". 
(3) Section 323(c) is amended by striking out "section 3259, 
3352(a), 8259, or 8352(a)" and inserting in lieu thereof "section 
12105, 12213(a), or 12214(a)". 
(4) The items relating to sections 309 and 310 in the 
table of sections at the beginning of chapter 3 are amended 
to read as follows: 
"309. Federal recognition of National Guard officers: officers promoted to fill vacan-
cies. 
"310. Federal recognition of National Guard officers: automatic recognition.". 
(b) TITLE 37, UNITED STATES CODE.—Title 37, United States 
-
Code, is amended as follows: 
(1) Section 204(a)(2) is amended by striking out "section 
3021, 3496, 3541, 8021, 8496, or 8541" and inserting in lieu 
thereof "section 10302, 10305, 10502, or 12402". 
(2) Section 205(e)(2) is amended— 
(A) by striking out "section 511(b) or 511(d)" in 
subparagraph (A) and inserting in lieu thereof "section 
12103(b) or 12103(d)"; and 
(B) by striking out "chapter 39" in subparagraph (B) 
and inserting in lieu thereof "chapter 1209". 
(3) Section 905 is amended— 
(A) by striking out "chapter 549" in subsection (a) 
and inserting in lieu thereof "chapter 1405"; and 
(B) by striking out "section 5908" in subsection (b) 
and inserting in lieu thereof "section 14308(b)". 
SEC. 1677. AMENDMENTS TO OTHER LAWS. 
(a) TITLE 5, UNITED STATES CODE.—Title 5, United States 
Code, is amended as follows: 
(1) Section 5517(d)(2) is amended by striking out "section 
270(a) of title 10" £ind inserting in lieu thereof "section 10147 
of title 10". 
(2) Section 6323(b) is amended— 
(A) in paragraph (1), by striking out "section 261 of 
title 10" and inserting in lieu thereof "section 10101 of 
title 10"; and 
(B) in paragraph (2)(A), by striking out "3500, or 8500 
of title 10" and inserting in lieu thereof "or 12406 of title 
10". 
(3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are amended 
by striking out "chapter 67 of title 10" and inserting in lieu 
thereof "chapter 1223 of title 10 (or under chapter 67 of that 
title as in effect before the effective date of the Reserve Officer 
Personnel Msmagement Act)". 
(4) Sections 8401(30) and 8456(a)(1)(A) are amended by 
striking out "section 261(a) of title 10" and inserting in lieu 
thereof "section 10101 of title 10". 
(b) TITLE 14, UNITED STATES CODE.—Title 14, United States 
Code, is amended as follows: 
(1) Section 41a(a) is amended by striking out "section 679 
of title 10" and inserting in lieu thereof "section 12311 of 
title 10". 
79-194 O—95—13 : QL3Part4 
108 STAT. 3020 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) Section 271(e) is amended by striking out "section 593 
of title 10" and inserting in lieu thereof "section 12203 of 
title 10". 
(3) Section 712(c)(1) is amended by striking out "section 
270 of title 10" and inserting in lieu thereof "section 10147 
of title 10". 
(4) Section 713 is amended by striking out "section 511(d) 
of title 10" and inserting in lieu thereof "section 12103(d) of 
title 10". 
(5) Sections 740(c) and 741(b) are amended by striking 
out "section 1006 of title 10" and inserting in lieu thereof 
"section 12646 of title 10". 
(c) INTERNAL REVENUE CODE OF 1986.—Section 219(g)(6)(A) 
26 use 219. 
of the Internal Revenue Code of 1986 is amended by striking 
out "section 261(a) of title 10" and inserting in lieu thereof "section 
10101 of title 10". 
(d) TITLE 38, UNITED STATES CODE.—Title 38, United States 
Code, is amended as follows: 
(1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are 
amended by striking out "chapter 67 of title 10" £ind inserting 
in lieu thereof "chapter 1223 of title 10 (or under chapter 
67 of that title as in effect before the effective date of the 
Reserve Officer Personnel Management Act)". 
(2) Section 3002 is amended— 
(A) in paragraph (4), by striking out "section 268(b) 
of title 10" and inserting in lieu thereof "section 10143(a) 
of title 10"; and 
(B) in paragraph (6), by striking out "section 511(d) 
of title 10" and inserting in lieu thereof "section 12103(d) 
of title 10". 
(e) PUBLIC LAW 99-661.—Section 403(b)(1) of PubHc Law 99-
661 (10 U.S.C. 521 note) is amended— 
(1) in subparagraph (B), by striking out "section 265" and 
all that follows through "of title 10" and inserting in lieu 
thereof "section 
10148(a), 
10211, 
10302 through 
10305, 
12301(a), or 12402 of title 10"; 
(2) in subparagraph (C), by striking out "section 672(d)" 
and inserting in lieu thereof "section 12301(d)"; and 
(3) in subparagraph (E), by striking out "section 673b" 
and inserting in lieu thereof "section 12304". 
(f) MILITARY SELECTIVE SERVICE ACT.—Section 6 of the Military 
Selective Service Act (50 U.S.C. App. 456) is amended— 
(1) in subsection (c)(2)(A), by striking out "section 270 
of title 10" and inserting in lieu thereof "section 10147 of 
title 10"; 
(2) in subsection (c)(2)(D), by striking out "section 511(b) 
of title 10" and inserting in lieu thereof "section 12103 of 
title 10"; and 
(3) in subsection (d)(1), by striking out "section 270(a) of 
title 10" and inserting in lieu thereof "section 10147 of title 
10". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3021 
Subtitle E—Transition Provisions 
SEC. 1681. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF 10 USC 14501 
CERTAIN RESERVE COLONELS OF THE ARMY AND AIR note. 
FORCE. 
(a) CONTINUATION UNDER OLD LAW.—Except as provided in 
subsection (b), a reserve officer of the Army or the Air Force 
who, on the effective date of this title— 
(1) is subject to placement on the reserve active-status 
list of the Army or the Air Force; and 
(2)(A) holds the reserve grade of colonel, (B) is on a list 
of officers recommended for promotion to the reserve grade 
of colonel, or (C) has been nominated by the President for 
appointment in the reserve grade of colonel, 
shall continue to be subject to mandatory transfer to the Retired 
Reserve or discharge from the officer's reserve appointment under 
section 3851 or 8851 of title 10, United States Code, as in effect 
on the day before the effective date of this title. 
(b) EXEMPTION.—This section does not apply to an officer who 
is— 
(1) sooner transferred from an active status or discharged 
under some other provision of law; 
(2) promoted to a higher grade, unless the officer was 
on a list of officers recommended for promotion to the reserve 
grade of colonel before the effective date of this title; or 
(3) continued on the reserve active-status list under section 
14701 of title 10, United States Code, as added by this title. 
SEC. 1682. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE 
10 USC 14001 
OF SELECTION FOR ARMY AND AIR FORCE OFFICERS, note. 
(a) PROMOTIONS TO FILL VACANCIES.—A reserve commissioned 
officer of the Army or Air Force (other than a commissioned warrant 
officer) who, on the day before the effective date of this title, 
is recommended for promotion to fill a vacancy in the Army Reserve 
or the Air Force Reserve under section 3383, 3384, 8372, or 8373 
of title 10, United States Code, as in effect on the day before 
the effective date of this title, in the next higher reserve grade 
shall be considered to have been recommended for promotion to 
that grade by a vacancy promotion board under section 14101(a)(2) 
of title 10, United States Code, as added by this title. 
(b) PROMOTIONS OTHER THAN TO FILL VACANCIES.—A reserve 
officer of the Army or Air Force who, on the day before the effective 
date of this title, is recommended for promotion under section 
3366, 3367, 3370, 3371, 8366, or 8371 of title 10, United States 
Code, as in effect on the day before the effective date of this 
title, to a reserve grade higher than the grade in which the officer 
is serving shall be considered to have been recommended for pro-
motion by a mandatory promotion board convened under section 
14101(a)(1) of title 10, United States Code, as added by this title. 
(c) OFFICERS FOUND QUALIFIED FOR PROMOTION TO FIRST 
LIEUTENANT.—^A reserve officer of the Army or Air Force who, 
on the effective date of this title, holds the grade of second lieuten-
ant and has been found qualified for promotion to the grade of 
first lieutenant in accordance with section 3365, 3382, or 8365 
of title 10, United States Code, as in effect on the day before 
the effective date of this title, shall be promoted to that grade 
108 STAT. 3022 
PUBLIC LAW 103-337—OCT. 5, 1994 
on the date on which the officer would have been promoted under 
the provisions of chapter 337 or 837 of such title, as in effect 
on the day before the effective date of this title, unless sooner 
promoted under regulations prescribed by the Secretary of the 
Army or the Secretary of the Air Force under section 14308(b) 
of title 10, United States Code, as added by this title. 
(d) OFFICERS ONCE FAILED OF SELECTION.—(1) A reserve officer 
of the Army in the grade of first lieutenant, captain, or major 
who, on the day before the effective date of this title, has been 
considered once but not recommended for promotion to the next 
higher reserve grade under section 3366 or 3367 of title 10, United 
States Code, or a reserve officer of the Air Force in the grade 
of first lieutenant, captain, or major who, on the day before the 
effective date of this title, is a deferred officer within the meaning 
of section 8368 of such title, shall be considered to have been 
considered once but not selected for promotion by a board convened 
under section 14101(a)(1) of title 10, United States Code, as added 
by this title. If the officer is later considered for promotion by 
a selection board convened under that section and is not selected 
for promotion (or is selected for promotion but declines to accept 
the promotion), the officer shall be considered for all purposes 
to have twice failed of selection for promotion. 
(2) In the case of a reserve officer of the Army or Air Force 
in an active status who, on the day before the effective date of 
this title, is in the grade of first lieutenant, captain, or major 
and whose name has been removed, under the provisions of section 
3363(f) of title 10, United States Code, from a list of officers rec-
ommended for promotion or who has previously not been promoted 
because the President declined to appoint the officer in the next 
higher grade under section 8377 of such title as in effect on the 
day before the effective date of this title, or whose name was 
removed from a list of officers recommended for promotion to the 
next higher grade because the Senate did not consent to the officer's 
appointment, if the officer is later considered for promotion by 
a selection board convened by section 14101(a)(1) of title 10, United 
States Code, as added by this title, and (A) is not selected for 
promotion, (B) is selected for promotion but removed from the 
list of officers recommended or approved for promotion, or (C) 
is selected for promotion but declines to accept the promotion, 
the officer shall be considered for all purposes to have twice failed 
of selection for promotion. 
(e) OFFICERS TWICE FAILED OF SELECTION.—A reserve officer 
of the Army or Air Force in an active status who, on the day 
before the effective date of this title, is in the grade of first lieuten-
ant, captain, or major and on that date is subject to be treated 
as prescribed in section 3846 or 8846 of title 10, United States 
Code, shall continue to be governed by that section as in effect 
on the day before the effective date of this title. 
(f) 
OFFICERS WITH APPROVED PROMOTION DECLINATIONS IN 
EFFECT.—^A reserve officer of the Army who, on the day before 
the effective date of this title, has declined a promotion under 
subsection (f) or (g) of section 3364 of title 10, United States Code, 
shall while carried on the reserve active status list be subject 
to the provisions of subsections (h), (i), and (j) of such section, 
as in effect on the day before the effective date of this title, except 
that the name of an officer to whom this section applies shall 
be placed on a promotion list under section 14308(a) of title 10, 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3023 
United States Code (as added by this title), and, at the end of 
the approved period of decHnation, shall be considered to have 
failed of promotion if the officer again declines to accept the 
promotion. 
(g) COVERED OFFICERS.—This section applies to reserve officers 
of the Army and Air Force who— 
(1) on the day before the effective date of this title are 
in an active status; and 
(2) on the effective date of this title are subject to placement 
on the reserve active-status list of the Army or the Air Force. 
SEC. 1683. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE 10 USC 14001 
OF SELECTION FOR NAVY AND MARINE CORPS OFFICERS, note. 
(a) RECOMMENDATIONS FOR PROMOTION.—^An officer covered by 
this section who, on the day before the effective date of this title, 
has been recommended for promotion to a reserve grade higher 
than the grade in which the officer is serving shall be considered 
to have been recommended for promotion to that grade under 
section 14101(a) of title 10, United States Code, as added by this 
title. 
(b) FAILURES OF SELECTION.—^An officer covered by this section 
who, on the day before the effective date of this title is considered 
to have failed of selection for promotion one or more times under 
chapter 549 of title 10, United States Code, to a grade below 
captain, in the case of a reserve officer of the Navy, or to a grade 
below colonel, in the case of a reserve officer of the Marine Corps, 
shall be subject to chapters 1405 and 1407 of title 10, United 
States Code, as added by this title, as if such failure or failures 
had occurred under the provisions of those chapters. 
(c) OFFICERS OTHER THAN COVERED OFFICERS RECOMMENDED 
FOR PROMOTION.—A reserve officer of the Navy or Marine Corps 
who on the day before the effective date of this title (1) has been 
recommended for promotion in the approved report of a selection 
board convened under chapter 549 of title 10, United States Code, 
and (2) was on the active-duty list of the Navy or Marine Corps 
may be promoted under that chapter, as in effect on the day 
before the effective date of this title. 
(d) OFFICERS FOUND QUALIFIED FOR PROMOTION TO LIEUTENANT 
(JUNIOR GRADE) OR FIRST LIEUTENANT.—^A covered officer who, 
on the effective date of this title, holds the grade of second lieuten-
ant and has been found qualified for promotion in accordance with 
section 5908 or 5910 of title 10, United States Code, as in effect 
on the day before the effective date of this title, shall be promoted 
on the date on which the officer would have been promoted under 
the provisions of chapter 549 of such title, as in effect on the 
day before the effective date of this title, unless sooner promoted 
under regulations prescribed by the Secretary of the Navy under 
section 14307(b) of such title, as added by this title. 
(e) OFFICERS WHOSE NAMES HAVE BEEN OMITTED FROM A 
LIST FURNISHED TO A SELECTION BOARD.—^A covered officer whose 
name, as of the effective date of this title, had been omitted by 
administrative error from the list of officers furnished the most 
recent selection board to consider officers of the same grade and 
component, shall be considered by a special selection board estab-
lished under section 14502 of title 10, United States Code, as 
added by this title. If the officer is selected for promotion by that 
board, the officer shall be promoted as specified in section 5904 
108 STAT. 3024 
PUBLIC LAW 103-337—OCT. 5, 1994 
10 use 14311 
note. 
10 use 14310 
note. 
10 use 14304 
note. 
10 use 14002 
note. 
of title 10, United States Code, as in effect on the day before 
the effective date of this title. 
if) COVERED OFFICERS.—Except as provided in subsection (c), 
this section applies to any reserve officer of the Navy or Marine 
Corps who (1) before the effective date of this title is in an active 
status, and (2) on the effective date of this title is subject to 
placement on the reserve active-status list of the Navy or Marine 
Corps. 
SEC. 1684. DELAYS IN PROMOTIONS AND REMOVALS FROM PRO-
MOTION LIST. 
(a) DELAYS IN PROMOTIONS.—(1) A delay in a promotion that 
is in effect on the day before the effective date of this title under 
the laws and regulations in effect on that date shall continue 
in effect on and after that date as if the promotion had been 
delayed under section 14311 of title 10, United States Code, as 
added by this title. 
(2) The delay of the promotion of a reserve officer of the Army 
or the Air Force which was in effect solely to achieve compliance 
with limitations set out in section 524 of title 10, United States 
Code, or with regulations prescribed by the Secretary of Defense 
with respect to sections 3380(c) and 8380(c) of title 10, United 
States Code, as in effect on the day before the effective date of 
this title, shall continue in effect as if the promotion had been 
delayed under section 14311(e) of such title, as added by this 
title. 
(b) REMOVALS FROM LIST.—^An action that was initiated before 
the effective date of this title under the laws and regulations 
in effect before that date to remove the name of an officer from 
a promotion list or from a list of officers recommended or approved 
for promotion shall continue on and after such date as if such 
action had been initiated under section 14110(d) or 14310, as appro-
priate, of title 10, United States Code, as added by this title. 
SEC. 1685. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION. 
During the five-year period beginning on the effective date 
of this title, the Secretary of the Army and the Secretary of the 
Air Force may waive the provisions of section 14304 of title 10, 
United States Code, as added by this title. The Secretary may, 
in addition, during any period in which such a waiver is in effect, 
establish minimum periods of total years of commissioned service 
an officer must have served to be eligible for consideration for 
promotion to the grade of captain, major, or lieutenant colonel 
by boards convened under section 14101(a) of title 10, United States 
Code, as added by this title. 
SEC. 1686. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST. 
(a) SK-MONTH DEADLINE.—Not later than six months after 
the effective date of this title, the Secretary of the military depart-
ment concerned shall ensure that— 
(1) all officers of the Army, Navy, Air Force, and Marine 
Corps who are required to be placed on the reserve active-
status list of their Armed Force under section 14002 of title 
10, United States Code, as added by this title, shall be placed 
on the list for their armed force and in their competitive cat-
egory; and 
(2) the relative seniority of those officers on each such 
list shall be established. 
PUBLIC LAW 103-337-OCT. 5, 1994 
108 STAT. 3025 
(b) REGULATIONS.—The Secretary concerned shall prescribe 
regulations for the establishment of relative seniority. The Secretary 
of the Army and the Secretary of the Air Force shall, in prescribing 
such regulations, provide for the consideration of both promotion 
service established under section 3360(b) or 8360(e) of title 10, 
United States Code, as in effect on the day before the effective 
date of this title, and total commissioned service established under 
section 3360(c) or 8366(e) of such title, as in effect on the day 
before the effective date of this title. An officer placed on a reserve 
active-status list in accordance with this section shall be considered 
to have been on the list as of the effective date of this title. 
SEC. 1687. PRESERVATION OF RELATIVE SENIORITY UNDER THE INI-
TLAL ESTABLISHMENT OF THE RESERVE ACTIVE-STATUS 
LIST. 
In order to maintain the relative seniority among reserve offi-
cers of the Army, Navy, Air Force, or Marine Corps as determined 
under section l'o86, the Secretary of the military department con-
cerned may, during the one-year period beginning on the effective 
date of this title, adjust the date of rank of any reserve officer 
of such Armed Force who was in an active status but not on 
the active-duty list on such effective date. 
SEC. 1688. GRADE ON TRANSFER TO THE RETIRED RESERVE. 
In determining the highest grade held satisfactorily by a person 
at any time in the Armed Forces for the purposes of paragraph 
(2) of section 1406(b) of title 10, United States Code, as added 
by this title, the requirement for satisfactory service on the reserve 
active-status list contained in section 1370(d) of title 10, United 
States Code, as added by this title, shall apply only to reserve 
commissioned officers who are promoted to a higher grade as a 
result of selection for promotion under chapter 36 of that title 
or under chapter 1405 of that title, as added by this title, or 
having been found qualified for Federal recognition in a higher 
grade under chapter 3 of title 32, United States Code, after the 
effective date of this title. 
SEC. 1689. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE. 
A reserve officer of the Army, Navy, Air Force, or Marine 
Corps who was in an active status on the day before the effective 
date of this title and who was subject to placement of the reserve 
active-status list on the effective date of this title may not be 
discharged under section 14503 of title 10, United States Code, 
as added by this title, until on or after the day on which that 
officer completes three years of continuous service as a reserve 
commissioned officer. 
SEC. 1690. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE 
OFFICERS OF THE NAVY AND MARINE CORPS. 
(a) SAVINGS PROVISIONS FOR REQUIRED SEPARATION AGE.—-A 
reserve officer of the Navy or the Marine Corps— 
(1) who— 
(A) on the effective date of this title is in an active 
status, and 
(B) on the day before the effective date of this title 
was an officer described in section 6389(e), 6397(a), 6403(a), 
or 6403(b) of title 10, United States Code; and 
10 use 14002 
note. 
10 use 1406 
note. 
10 use 14503 
note. 
108 STAT. 3026 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) who, on or after the effective date of this title is subject 
to elimination from an active status under any provision of 
such title, 
is entitled to be treated as that officer would have been treated 
under section 6397 or 6403 as applicable, as in effect on the day 
before the effective date of this title, if that treatment would result 
in the date for the officer's separation from an active status being 
a later date than the date established under the law in effect 
on or after the effective date of this title. 
(b) 
SAVINGS PROVISIONS FOR MANDATORY SEPARATION FOR 
AGE.—^An officer who was initially appointed in the Naval Reserve 
or the Marine Corps Reserve before January 1, 1953, and who 
cannot complete 20 years of service computed under section 12732 
of this title before he becomes 62 years of age, but can complete 
this service by the time he becomes 64 years of age, may be 
retained in an active status not later than the date he becomes 
64 years of age. 
(c) An officer who was initially appointed in the Naval Reserve 
or the Marine Corps Reserve before the effective date of this title, 
and who cannot complete 20 years of service computed under section 
12732 of this title before he becomes 60 years of age, but can 
complete this service by the time he becomes 62 years of age, 
may be retained in an active status not later than the date he 
becomes 62 years of age. 
Subtitle F—Effective Dates and General 
Savings Provisions 
10 u s e 10001 
SEC. 1691. EFFECTIVE DATES. 
(a) EFFECTIVE DATE FOR AMENDMENTS.—Except as provided 
in subsection (b), the amendment made by section 1611 and the 
amendments made by subtitles C and D shall take effect on Decem-
ber 1, 1994. 
(b) EFFECTIVE DATE FOR NEW RESERVE OFFICER PERSONNEL 
POLICIES.—(1) The provisions of part III of subtitle E of title 10, 
United States Code, as added by section 1611, shall become effective 
on October 1, 1996. The amendments made by part II of subtitle 
A, by subtitle B, and by section 1671(c)(2) and paragraphs (2), 
(3)(B), (3)(C), and (4) of section 1675(d) shall take effect on October 
1,1996. 
(2) Any reference in subtitle E of this title to the effective 
date of this title is a reference to the effective date prescribed 
in paragraph (1). 
(3) The personnel policies applicable to Reserve officers under 
the provisions of law in effect on the day before the date prescribed 
in subsection (a) and replaced by the Reserve officer personnel 
policies prescribed in part III of subtitle E of title 10, United 
States Code, as added by section 1611, shall, notwithstanding the 
provisions of subsection (a), continue in effect until the effective 
date prescribed in paragraph (1). 
(4) The authority to prescribe regulations under the provisions 
of part III of subtitle E of title 10, United States Code, as added 
by section 1611, shall take effect on the date of the enactment 
of this Act. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3027 
SEC. 1692. PRESERVATION OF SUSPENDED STATUS OF LAWS SUS-
PENDED AS OF EFFECTIVE DATE. 
If a provision of law that is in a suspended status on the 
day before the effective date of this title under section 1691(b)(1) 
is transferred or amended by this title, the suspended status of 
that provision is not affected by that transfer or amendment. 
SEC. 1693. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES, PEN-
ALTIES, AND PROCEEDINGS. 
Except as otherwise provided in this title, the provisions of 
this title and the amendments made by this title do not affect 
rights and duties that matured, penalties that were incurred, or 
proceedings that were begun before the effective date of this title 
under section 1691(b)(1). 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SECTION 2001. SHORT TITLE. 
This division may be cited as the "Military Construction 
Authorization Act for Fiscal Year 1995". 
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 
2104(a)(1), and, in the case of the project described in section 
2104(b)(2), other amounts appropriated pursuant to authorizations 
enacted after this Act for that project, the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the installations £md locations inside the United States, 
and in the amounts, set forth in the following table: 
Army: Inside the United States 
10 use 10001 
note. 
10 use 10001 
note. 
Military 
Construction 
Authorization 
Act for 
Fiscal Year 1995. 
State 
Alabama 
California 
Georgia 
Hawaii 
Kentucky 
Maryland 
New Jersey 
New York 
Installation or location 
Redstone Arsenal 
Fort Irwin 
Fort Benning 
Fort Gordon 
Schofield Barracks 
Fort Campbell 
Fort Knox 
Edgewood Arsenal 
Adelphi Laboratory Center 
Bayonne Military Ocean Terminal 
Fort Drum 
United States Military Academy, West 
Point 
Amount 
$2,600,000 
$10,000,000 
$6,550,000 
$44,750,000 
$20,700,000 
$52,500,000 
$8,500,000 
$2,600,000 
$6,600,000 
$4,050,000 
$12,600,000 
$28,000,000 
108 STAT. 3028 
PUBLIC LAW 103-337—OCT. 5, 1994 
Army: Inside the United States—Continued 
State 
North Carolina 
Oklahoma 
Pennsylvania 
South Carolina 
Texas 
Virginia 
Washington 
CONUS Classified 
Installation or location 
Fort Bragg 
Sunny Point Military Ocean Terminal 
Fort Sill 
Tobyhanna Depot 
Charleston Naval Weapons Station .... 
Fort Bliss 
Fort Hood 
Fort Sam Houston 
Fort Lee 
Fort Myer 
Fort Lewis 
Classified Location 
Amount 
$29,000,000 
$22,200,000 
$18,000,000 
$17,000,000 
$20,000,000 
$16,800,000 
$45,800,000 
$4,300,000 
$15,600,000 
$7,300,000 
$64,000,000 
$1,900,000 
(b) OUTSIDE THE UNITED STATES,—Using amounts appropriated 
pursuant to the authorization 
of appropriations 
in section 
2104(a)(2), the Secretary of the Army 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: 
Army: Outside the United States 
Country 
Korea 
Kwajalein Atoll 
Worldwide 
Installation or location 
Camp Casey 
Camp Red Cloud 
Kwajalein 
Host Nation Support 
Amount 
$29,200,000 
$5,400,000 
$6,400,000 
$10,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including leind acquisition) at the installa-
tions, for the purposes, and in the amoimts set forth in the following 
table: 
Army: Family Housing 
State 
Alaska ... 
Colorado 
Georgia .. 
Hawaii ... 
Installation 
Fort Richardson ..... 
Fort Carson 
Fort Stewart 
Schofield Barracks 
Purpose 
72 units .. 
145 units 
128 units 
190 units 
Amount 
$5,000,000 
$16,500,000 
$10,600,000 
$26,000,000 
PUBLIC LAW 103-337-OCT. 5, 1994 
Army: Family Housing—Continued 
state 
Kansas 
Massachusetts . 
New York 
Texas 
Installation 
Fort Riley 
Natick Research Cen-
ter 
United States Military 
Academy, 
West 
Point 
Fort Bliss 
Fort Sam Houston 
Purpose 
126 units 
35 units 
56 units 
215 units 
100 units 
108 STAT. 3029 
Amount 
$12,600,000 
$4,150,000 
$8,000,000 
$21,400,000 
$10,000,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2104(a)(5)(A), 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 $5,992,000. 
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(a)(5)(A), the Secretary of the Army may 
improve existing military family housing in an amount not to exceed 
$49,760,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Subject to subsection (c), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 1994, for military construction, land acquisition, 
and military family housing functions of the Department of the 
Army in the total amount of $1,736,686,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $447,350,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $51,000,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$12,000,000. 
(4) For architectural and engineering services and construc-
tion design imder section 2807 of title 10, United States Code, 
$66,126,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvements of military family housing and 
facilities, $170,002,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $1,013,708,000, of which not more than 
$243,442,000 may be obligated or expended for the leasing 
of military family housing 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-
108 STAT. 3030 
PUBLIC LAW 103-337—OCT. 5, 1994 
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a) (as reduced by operation 
of subsection (c)); and 
(2) $14,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction and renovation of 
a food processing facility at the United States Military Acad-
emy, West Point, New York). 
(c) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $23,500,000, which represents the combina-
tion of project savings resulting from favorable bids, reduced over-
head costs, cancellations due to force structure changes, and can-
cellations due to 1995 base closure and realignment decisions. 
SEC. 2105. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT 
AT FORT BRAGG, NORTH CAROLINA, FOR WHICH FUNDS 
HAVE BEEN APPROPRIATED. 
Using amounts previously appropriated for such purpose, the 
Secretary of the Army may carry out a military construction project 
for the construction of a library at Fort Bragg, North Carolina, 
in the total amount of $5,500,000. 
SEC. 2106. RELOCATION OF ARMY FAMILY HOUSING UNITS FROM FORT 
HUNTER LIGGETT, CALIFORNIA, TO FORT STEWART, 
GEORGIA 
Section 2102(a) of the Military Construction Authorization Act 
for Fiscal Year 1992 (division B of PubUc Law 102-190; 105 Stat. 
1511) is amended— 
(1) by striking out paragraph (1) and inserting in lieu 
thereof the following new paragraph: 
"(1) Fort Himter Liggett, California, one hundred fifty-
four units, $12,300,000."; and 
(2) by striking out paragraph (5) and inserting in lieu 
thereof the following new paragraph: 
"(5) Fort Stewart, Georgia, one hundred twenty-one units, 
$9,890,000.". 
SEC. 2107. HIGHWAY SAFETY AT HAWTHORNE ARMY AMMUNITION 
PLANT, NEVADA. 
(a) STUDY.—The Secretary of the Army shall carry out a study 
of traffic safety on the highway at the Hawthorne Araiy Ammuni-
tion Plant, Nevada. In carrying out the study, the Secretary shall— 
(1) evaluate traffic safety on the highway, including traffic 
safety with respect to the rail and truck crossing of the highway 
at the Plant; 
(2) evaluate the feasibility and desirability of constructing 
a vehicle bridge over the rail and truck crossing; and 
(3) determine whether any construction required to improve 
traffic safety on the highway should be funded as a military 
construction project or as a defense access road construction 
project. 
(b) 
ARCHITECTURAL 
AND 
ENGINEERING 
SERVICES 
AND 
CONSTRUCTION DESIGN.—If the Secretary determines as a result 
of the study under subsection (a) that construction of a vehicle 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3031 
bridge over the rail and truck crossing of the highway at the 
Plant is feasible and desirable, the Secretary may— 
(1) obtain architectural and engineering activities and carry 
out construction design with respect to the construction of 
the bridge; or 
(2) request that the Secretary of Transportation carry out 
the construction of the bridge as a project for the construction 
of a defense access road under section 210 of title 23, United 
States Code. 
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(a)(1), and, in the case of the project described in section 
2204(bX2), other amounts appropriated pursuant to authorizations 
enacted after this Act for that project, 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 
California 
Florida 
Illinois 
Indiana 
Maryland 
New Jersey 
North Carolina 
Installation or location 
Camp Pendleton Amphibious Task Force 
Camp Pendleton Marine Corp Base 
China Lake Naval Air Warfare Center ... 
El Centro Naval Air Facility 
Lemoore Naval Air Station 
North Island Naval Air Station 
Port Hueneme Construction Battalion 
Center 
San Diego Marine Corps Recruit Depot .. 
San Diego Naval Station 
Twentynine Palms, Marine Corps Air-
Ground Combat Center 
Jacksonville Fleet and Industrial Supply 
Center 
Pensacola Naval Air Station 
Kaneohe Bay Marine Corps Air Station . 
Great Lakes Navy Public Works Center . 
Crane Naval Surface Warfare Center 
Indian Head Naval Surface 
Warfare 
Center 
Patuxent River Naval Air Warfare Cen-
United States Naval Academy 
Lakehurst Naval Air Warfare Center 
White Sands Naval Ordnance Missile 
Test Station 
Camp Lejeune Marine Corp Base 
Amount 
$10,700,000 
$6,860,000 
$6,000,000 
$3,000,000 
$7,000,000 
$18,830,000 
$9,650,000 
$1,090,000 
$4,100,000 
$2,900,000 
$2,200,000 
$2,100,000 
$4,900,000 
$13,000,000 
$7,970,000 
$10,400,000 
$4,200,000 
$1,900,000 
$2,950,000 
$1,390,000 
$14,850,000 
108 STAT. 3032 
PUBLIC LAW 103-337—OCT. 5, 1994 
Navy: Inside the United States—Continued 
State 
Pennsylvania ... 
Rhode Island .. 
South Carolina 
Texas 
Virginia 
Washington 
CONUS Classified 
Installation or location 
Cherry Point Marine Corps Air Station .. 
Philadelphia Naval Shipyard 
Newport Naval Education and Training 
Center 
Newport Naval War College 
Beaufort Marine Corps Air Station 
Parris 
Island 
Marine 
Corps 
Recruit 
Depot 
Ingleside Naval Station 
Kingsville Naval Air Station 
Chesapeake Naval Secuiity Group Activ-
ity 
Dam Neck Fleet Combat Training Cen-
ter 
Little Creek Amphibious Base 
Norfolk Marine Corps Security Force 
Battalion Atlantic 
Norfolk Naval Base 
Norfolk Naval Station 
Quantico Marine Corps Combat Develop-
ment Command 
Bremerton Puget Sound Naval Shipyard 
Everett Naval Station 
Whidbey Island Naval Air Station 
Aircraft Fire Rescue and Vehicle Mainte-
nance Facilities 
Amount 
$2,100,000 
$10,500,000 
$14,500,000 
$28,000,000 
$10,800,000 
$8,350,000 
$14,110,000 
$1,530,000 
$1,150,000 
$7,000,000 
$5,000,000 
$6,480,000 
$5,100,000 
$16,430,000 
$19,900,000 
$11,040,000 
$21,690,000 
$5,200,000 
$2,200,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out mihtary construction projects for the installations 
and locations outside the United States, and in the amoxmts set 
forth in the following table: 
Navy: Outside the United States 
Country 
Greece 
Italy 
Puerto Rico 
United Kingdom . 
Installation or location 
Souda Bay, Crete Naval Support Activ-
ity 
Naples Naval Support Activity 
Sigonella Naval Air Station 
Sabana Seca Naval Security Group Ac-
tivity 
Saint 
Mawgan 
Joint 
Communication 
Center 
Amount 
$3,050,000 
$28,460,000 
$13,750,000 
$1,650,000 
$3,900,000 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3033 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amoimts set forth in the following 
table: 
Navy: Family Housing 
State 
California 
Hawaii 
Maryland 
Mississippi 
Texas 
Virginia 
Washington 
Installation 
Camp Pendleton Ma-
rine Corps Base ,, 
San Diego Navy Public 
Works Center 
Moanalua Terrace 
Patuxent River Naval 
Air Station 
Gulfport 
Construction 
Battalion Center 
Corpus Christi Naval 
Air Station 
Norfolk 
Navy 
Public 
Works Center 
Everett Naval Station . 
Purpose 
196 units 
136 units 
100 units (replace-
Housing Office 
120 units 
100 units 
Warehouse and Self 
Help Center 
Housing Office 
Amount 
$28,552,000 
$18,262,000 
$16,000,000 
$863,000 
$10,370,000 
$11,800,000 
$555,000 
$780,000 
(b) 
PLANNING AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the authorization of appropriations in section 
2204(a)(5)(A), 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 $24,681,000. 
SEC. 2203. 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 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in the amount of 
$155,602,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Subject to subsection (c), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 1994, for military construction, land acquisition, 
and military family housing functions of the Department of the 
Navy in the total amount of $1,591,824,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $309,070,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $50,810,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $7,000,000. 
108 STAT. 3034 
PUBLIC LAW 103-337—OCT. 5, 1994 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$43,380,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvements of military family housing and 
facilities, $267,465,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$937,599,000, of which not more than $114,336,000 may 
be obligated 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 variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a) (as reduced by operation 
of subsection (c)); and 
(2) $18,000,000 (the balance of the amount authorized 
under section 2201(a) for the construction of a Strategic Mari-
time Research Center at the Naval War College, Newport, 
Rhode Island). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $23,500,000, which represents the combina-
tion of project savings resulting from favorable bids, reduced over-
head costs, cancellations due to force structure changes, and can-
cellations due to 1995 base closure and realignment decisions. 
SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT MILITARY 
CONSTRUCTION PROJECT AT NAVAL SUPPLY CENTER, 
PENSACOLA, FLORIDA. 
(a) 
REAUTHORIZATION.—Notwithstanding 
section 
2205(b)(l)(D)(ii) of the Military Construction Authorization Act for 
Fiscal Year 1994 (division B of PubHc Law 103-160; 107 Stat. 
1865), the Secretary of the Navy may carry out the military 
construction project at the Naval Supply Center, Pensacola, Florida, 
which involves construction of a cold storage facility at the installa-
tion and was originally authorized by section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 1992 (division B 
of Public Law 102-190; 105 Stat. 1514). 
(b) CONFORMING AMENDMENT.—Section 2205(a) of the Military 
Construction Authorization Act for Fiscal Year 1992 (division B 
of Public Law 102-190; 105 Stat. 1518), as amended by section 
2205(b)(2) of the Military Construction Authorization Act for Fiscal 
Year 1994 (division B of Pubhc Law 103-160; 107 Stat. 1865), 
is further amended— 
(A) in the matter preceding the paragraphs, by striking 
out 
"$1,759,990,000" 
and 
inserting 
in 
Heu 
thereof 
"$1,765,690,000"; and 
(B) in paragraph (1), by striking out "$667,700,000" and 
inserting in heu thereof "$673,400,000". 
^^i^ 
^"' ' ^ % % ^ ' ^ « I ^ ^ 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3035 
SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT NAVAL 
STATION, FLORIDA. 
(a) COMMENCEMENT OF DESIGN ACTIVITIES.—^At the conclusion 
of the facihties study prepared by the Secretary of the Navy to 
identify infrastructure improvements that would be necessary to 
provide Mayport Naval Station, Florida, with the capability to serve 
as a homeport for a nuclear powered aircraft carrier and the pro-
grammatic environmental impact study to identify environmental 
issues associated with such improvements, the Secretary shall begin 
design activities for such military construction projects as may 
be necessary to provide for such a capability. 
(b) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall 
be construed as an authorization to the Secretary to proceed with 
the construction of facilities specifically designed to make Mayport 
Naval Station capable of serving as a homeport for a nuclear pow-
ered aircraft carrier. 
SEC. 2207. RELOCATION OF PASCAGOULA COAST GUARD STATION, MIS-
SISSIPPI. 
(a) AGREEMENT ON RELOCATION.—Subject to subsection (c), the 
Secretary of the Navy and the Secretary of Transportation may 
enter into an agreement that provides for the relocation of the 
activities and functions of Pascagoula Coast Guard Station to 
Pascagoula Naval Station, Pascagoula, Mississippi. 
(b) PROHIBITION ON RELOCATION OR CONSTRUCTION COSTS.— 
The Navy may not incur any construction costs relating to the 
relocation. The Coast Guard may not incur any construction costs 
or relocation costs relating to the relocation. 
(c) CONDITION ON RELOCATION.—The activities and functions 
of Pascagoula Coast Guard Station may not be relocated to 
Pascagoula Naval Station if either— 
(1) the Secretary of the Navy determines that the relocation 
of the Coast Guard facility would interfere with the performance 
of the mission of the Navy at Pascagoula Naval Station; or 
(2) the Secretary of Transportation determines that the 
relocation of the Coast Guard facility would be incompatible 
with Coast Guard operations in the Pascagoula area. 
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(a)(1), 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: 
Air Force: Inside the United States 
State 
Alabama 
Alaska 
Installation or location 
Maxwell Air Force Base 
Cape Lisbume Long Range Radar Site .. 
Amount 
$9,600,000 
$2,800,000 
108 STAT. 3036 
PUBLIC LAW 103-337—OCT. 5, 1994 
Air Force: Inside the United States—Continued 
State 
Arizona 
, 
Arkansas 
California 
Colorado 
Delaware 
Florida 
Georgia 
Idaho 
Illinois 
Kansas 
Louisiana 
Maryland 
Mississippi 
Missouri 
Montana 
Nebraska 
Nevada 
New Jersey 
New Mexico 
North Carolina 
North Dakota ., 
Ohio 
Oklahoma 
South Carolina 
South Dakota .. 
Tennessee 
Texas 
Virginia 
Washington 
Installation or location 
Elmendorf Air Force Base 
Luke Air Force Base 
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 
Peterson Air Force Base 
Dover Air Force Base 
Cape Canaveral Air Force Station 
Moody Air Force Base 
Robins Air Force Base 
Mountain Home Air Force Base ... 
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 
McGuire Air Force Base 
Holloman Air Force Base 
Kirtland Air Force Base 
Pope Air Force Base 
Grand Forks Air Force Base 
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 
Ellsworth Air Force Base 
Arnold Air Force Base 
Brooks Air Force Base 
Kelly Air Force Base 
Lackland Air Force Base 
Sheppard Air Force Base 
Langley Air Force Base 
Fairchild Air Force Base 
A m o u n t 
$5,000,000 
$4,900,000 
$4,800,000 
$11,850,000 
$7,050,000 
$8,500,000 
$3,600,000 
$6,550,000 
$1,750,000 
$10,500,000 
$10,450,000 
$13,400,000 
$21,200,000 
$15,950,000 
$2,700,000 
$500,000 
$15,700,000 
$6,300,000 
$13,200,000 
$11,240,000 
$24,290,000 
$7,200,000 
$2,260,000 
$600,000 
$17,000,000 
$10,950,000 
$28,000,000 
$5,050,000 
$5,200,000 
$5,850,000 
$26,550,000 
$3,750,000 
$20,443,000 
$11,680,000 
$11,400,000 
$5,950,000 
$1,900,000 
$6,500,000 
$8,950,000 
$5,200,000 
$3,300,000 
$5,500,000 
$17,900,000 
PUBLIC LAW 103-337—OCT. 5, 1994 
Air Force: Inside the United States—Continued 
108 STAT. 3037 
state 
Wyoming 
CONUS Classified 
Installation or location 
McChord Air Force Base 
F.E. Warren Air Force Base 
Classified Location 
Amount 
$10,400,000 
$2,650,000 
$2,141,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2304(a)(2), 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 
Germany 
Greenland 
Portugal 
United Kingdom 
Overseas Classified 
Installation or location 
Ramstein Air Base 
Spangdahlem Air Base 
Thule Air Base 
Lajes Field, Azores 
Lakenheath Royal Air Force Base 
Classified Locations 
Amount 
$12,350,000 
$9,473,000 
$2,450,000 
$2,850,000 
$7,100,000 
$4,050,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuEuit to the authorization of appropriations in section 
2304(a)(6)(A), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition) at the 
installations, for the purposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State 
Arizona 
California 
District of Columbia 
Installation 
Maxwell 
Air 
Force 
Base 
Davis 
Monthan 
Air 
Force Base 
Beale Air Force Base .. 
Edwards 
Air 
Force 
Base 
Los Angeles Air Force 
Station 
Vandenberg Air Force 
Base 
Boiling Air Force Base 
Purpose 
25 units 
110 units 
76 units 
34 units 
50 units 
128 units 
100 units 
Amount 
$2,100,000 
$10,029,000 
$8,842,000 
$4,629,000 
$8,962,000 
$16,460,000 
$9,000,000 
108 STAT. 3038 
PUBLIC LAW 103-337—OCT. 5, 1994 
Air Force: Family Housing—Continued 
State 
Florida 
Idaho 
Kansas 
Louisiana 
Missouri 
New Mexico .... 
Nori;h Carolina 
North Dakota . 
South Carolina 
Texas 
Utah 
Virginia 
Washington 
Wyoming 
Installation 
Patrick Air Force Base 
Mountain 
Home 
Air 
Force Base 
Mountain 
Home 
Air 
Force Base 
McConnell Air 
Force 
Base 
Barksdale 
Air 
Force 
Base 
Whiteman 
Air 
Force 
Base 
Cannon 
Air 
Force 
Base 
Holloman 
Air 
Force 
Base 
Kirtland 
Air 
Force 
Base 
Pope Air Force Base .... 
Seymour Johnson Air 
Force Base 
Grand Forks Air Force 
Base 
Shaw Air Force Base .. 
Dyess Air Force Base .. 
Hill Air Force Base 
Langley 
Air 
Force 
Base 
Fairchild 
Air 
Force 
Base 
F.E. Warren Air Force 
Base 
Purpose 
75 units 
4 units 
60 units 
70 units 
82 units 
Housing Office 
1 unit 
76 units 
106 units 
120 units 
74 units 
Housing Office 
3 units 
59 units 
138 units 
148 units 
6 units 
106 units 
Amount 
$7,145,000 
$881,000 
$5,712,000 
$8,322,000 
$8,236,000 
$567,000 
$230,000 
$7,733,000 
$10,058,000 
$14,874,000 
$6,025,000 
$709,000 
$631,000 
$7,077,000 
$11,400,000 
$14,421,000 
$1,035,000 
$11,321,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing units in an amount not to exceed $9,275,000. 
SEC. 2303. 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 2304(a)(6)(A), the Secretary of the Air Force 
may improve existing military family housing units in an amount 
not to exceed $61,770,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Subject to subsection (c), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3039 
September 30, 1994, for military construction, land acquisition, 
and military family housing functions of the Department of the 
Air Force in the total amount of $1,601,602,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $438,154,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $38,273,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $7,000,000. 
(4) For architectural and engineering services and construc-
tion design imder section 2807 of title 10, United States Code, 
$49,386,000. 
(5) For the construction of the climatic test chamber at 
Eglin Air Force Base, Florida, authorized by section 2301(a) 
of the Military Construction Authorization Act for Fiscal Year 
1993 (division B of Public Law 102-484; 106 Stat. 2594), 
$20,000,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvements of military family housing and 
facilities, $247,444,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$824,845,000, of which not more than $112,757,000 may 
be obligated or expended for leasing of military family 
housing units worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstsinding 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 
2301 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a) 
(as reduced by operation of subsection (c)). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $23,500,000, which represents the combina-
tion of project savings resulting from favorable bids, reduced over-
head costs, cancellations due to force structure changes, and can-
cellations due to 1995 base closure and realignment decisions. 
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS 
AT TYNDALL AIR FORCE BASE, FLORIDA, FOR WfflCH 
FUNDS HAVE BEEN APPROPRIATED. 
(a) AUTHORIZATION.—The table in section 2301(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 1994 (division 
B of PubHc Law 103-160; 107 Stat. 1867) is amended in the item 
relating to Tyndall Air Force Base, Florida, by striking out 
"$2,600,000" in the amount column and inserting in lieu thereof 
"$8,200,000". 
(b) CONFORMING AMENDMENT.—Section 2304(a) of such Act (107 
Stat. 1870) is amended— 
(1) in the matter preceding the paragraphs, by striking 
out 
"$2,040,031,000" 
and 
inserting 
in 
Heu 
thereof 
"$2,045,631,000"; and 
(2) in paragraph (1) by striking out "$877,539,000" and 
inserting in lieu thereof "$883,139,000". 
108 STAT. 3040 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING PROJECT AT 
TYNDALL AIR FORCE BASE, FLORIDA. 
The table in section 2302(a) of the MiUtary Construction 
Authorization Act for Fiscal Year 1994 (division B of Public Law 
103-160; 107 Stat. 1869) is amended in the item relating to TVndall 
Air Force Base, Florida, by striking out "Infrastructure" in the 
purpose column and inserting in lieu thereof "45 units". 
SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3, TULSA, OKLA-
HOMA 
(a) MODIFICATION AUTHORIZED.—Subject to subsection (b), of 
the amount authorized to be appropriated under section 301(4), 
not more than $10,000,000 shall be available to the Secretary 
of the Air Force to carry out the modification of Air Force Plant 
No. 3, Tulsa, Oklahoma. 
(b) CONDITION.—The Secretary of the Air Force may not obligate 
any of the funds made available under subsection (a) until after 
the end of a period of 30 legislative days (as defined in section 
2687(e)(4) of title 10, United States Code) beginning on the date 
the Secretary submits to the congressional defense committees a 
report certifying that the modification is consistent with the long 
term national security mission of Air Force Plant No. 3. 
SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIREMENT OF 
MINUTEMANII MISSILES. 
Section 2307 of the Military Construction Authorization Act 
for Fiscal Year 1991 (division B of Pubhc Law 101-510; 104 Stat. 
1775) is repealed. 
TITLE XXIV—DEFENSE AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(1), 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 amounts, set forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Installation or location 
Amount 
Chemical Agents and Mu-
nitions Destruction 
Defense 
Agency 
Intelligence 
Defense Logistics Agency 
Anniston Army Depot, Alabama 
Pine Bluff Arsenal, Arkansas 
Tooele Army Depot, Utah 
Umatilla Army Depot, Oregon 
Boiling Air Force Base, Washington, 
District of Columbia 
Defense Construction Supply Center, Co-
lumbus, Ohio 
Defense Contract Management Area Of-
fice, El Segundo, California 
$5,000,000 
$3,000,000 
$4,000,000 
$12,000,000 
$600,000 
$2,200,000 
$5,100,000 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3041 
Defense Agencies: Inside the United States—Continued 
Agency 
Defense Medical Facility 
Office 
National Security Agency 
Office Secretary of De-
fense 
Section 6 Schools 
Special Operations Forces 
Installation or location 
Defense Fuel Support Point, Craney Is-
land, Virginia 
Headquarters, Defense Logistics Agency, 
Ft. Belvoir, Virginia 
Fort Dix, New Jersey 
Fort McPherson, Georgia 
McClellan Air Force Base, California 
Fort Meade, Maryland 
CONUS Classified Location 
Naval Surface Warfare Center, Virginia 
Eglin Auxiliary Field No. 9, Florida 
Fort Bragg, North Carolina 
Kirtland Air Force Base, New Mexico 
Naval Base Coronado, San Diego, Cali-
fornia 
Amount 
$3,652,000 
$4,600,000 
$2,000,000 
$13,300,000 
$10,280,000 
$5,458,000 
$5,300,000 
$1,560,000 
$20,200,000 
$8,000,000 
$9,600,000 
$3,400,000 
SEC. 2402. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(ll)(A), the Secretary of Defense 
may construct or acquire family housing units (including land 
acquisition) at the location, for the purpose, and in the amount 
set forth in the following table: 
Defense Agencies: Family Housing 
Country 
Agency 
National Security Agency 
Purpose 
1 unit 
Amount 
$300,000 
SEC. 2403. IMPROVEMENT 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 2405(a)(ll)(A), the Secretary of Defense may 
improve existing military family housing units in £in amount not 
to exceed $50,000. 
SEC. 2404. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(8), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 
10, United States Code. 
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1994, for 
military construction, land acquisition, and military family housing 
108 STAT. 3042 
PUBLIC LAW 103-337—OCT. 5, 1994 
functions of the Department of Defense (other than the mihtary 
departments), in the total amount of $3,213,608,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $119,250,000. 
(2) 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), 
$120,000,000. 
(3) 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), $66,000,000. 
(4) 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 Pubhc Law 102-484; 106 Stat. 2599), 
$75,000,000. 
(5) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $22,348,000. 
(6) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$3,511,000. 
(7) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$51,960,000. 
(8) For energy conservation projects authorized by section 
2404, $50,000,000. 
(9) 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), $87,600,000. 
(10) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Pubhc Law 101-510; 10 U.S.C. 
2687 note), $2,588,558,000. 
(11) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvements of military family housing and 
facilities, $350,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$29,031,000, of which not more than $24,051,000 may be 
obligated 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 variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the total amount authorized to 
be appropriated under subsection (a)(1). 
SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL 
WEAPONS STATION, CHARLESTON, SOUTH CAROLINA. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(10), the Secretary of the Navy 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3043 
shall transfer $3,000,000 to the South Carolina Department of 
Highways and Public Transportation to be used for improvements 
to North Rhett Avenue, which provides access to the Naval Weapons 
Station, Charleston, South Carolina, to help alleviate the adverse 
effects of the closure of the Charleston Naval Station and Charleston 
Naval Shipyard, South Carolina, on the surrounding communities. 
SEC. 2407. PLANNING AND DESIGN FOR CONSTRUCTION IN SUPPORT 
OF CONSOLIDATION OF OPERATIONS OF THE DEFENSE 
FINANCE AND ACCOUNTING SERVICE. 
Of the amount authorized to be appropriated by section 
2405(a)(7), $6,000,000 shall be available for planning and design 
activities relating to military construction in support of the consoli-
dation of operations of the Defense Finance and Accounting Service. 
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
1993 PROJECT. 
(a) MODIFICATION OF AUTHORITY.—(1) The table in section 
2401(a) of the Military Construction Authorization Act for Fiscal 
Year 1993 (division B of Pubhc Law 102-484; 106 Stat. 2599) 
is amended in the item relating to Fitzsimons Army Medical Center, 
Colorado, by striking out "$390,000,000" in the amoimt column 
and inserting in heu thereof "$225,000,000". 
(2) Section 2403(c)(6) of such Act (106 Stat. 2600) is amended 
by striking out "$388,000,000" and inserting in heu thereof 
"$223,000,000". 
(b) CERTIFICATION.—(1) If the budget for fiscal year 1996 that 
is submitted to Congress under section 1105 of title 31, United 
States Code, includes a request for funds for the construction of 
a replacement facility at Fitzsimons Army Medical Center, Colorado, 
then not later than March 15, 1995, the Secretary of Defense 
shall submit to the congressional defense committees a certification 
that the replacement facility is needed to meet military health 
care requirements. 
(2) In making the certification, the Secretary of Defense shall 
address the issues raised in the Audit Report of the Inspector 
General of the Department of Defense dated March 21, 1994, and 
entitled "Medical Treatment Facility 
Requirements-Fitzsimons 
Army Medical Center", including— 
(A) the cost-effectiveness of building a replacement facility; 
(B) the Department of Defense policy on construction of 
new military medical treatment facilities in areas in which 
the majority of the patient population is military retirees and 
their dependents; 
(C) the percentage of the patient population in the 
catchment area of Fitzsimons Army Medical Center and in 
the Region 8 area that consists o
f
— 
(i) active duty personnel; 
(ii) dependents of active duty personnel; 
(iii) military retirees; and 
(iv) dependents of military retirees; 
(D) the availability to and cost for the patient population 
in the catchment area of medical care provided by civilian 
medical facilities located in that area; 
(E) the occupancy rates of civilian medical facilities in 
the catchment area; 
(F) the nature and extent of advanced medical procedures 
provided by civilian medical facilities in the catchment area; 
108 STAT. 3044 
PUBLIC LAW 103-337—OCT. 5, 1994 
(G) the ability of and cost to other Department of Defense 
medical facilities and civilian medical facilities located in the 
Region 8 area of providing medical care to patients in that 
area that are currently served by Fitzsimons Army Medical 
Center; 
(H) the projected occupancy rates at Fitzsimons Army Medi-
cal Center with and without patients from outside the 
catchment area and the Reg^'on 8 area; and 
(I) the cost-effectiveneF 3 and contribution of the Graduate 
Medical Education program at Fitzsimons Army Medical Center 
to meeting the training requirements of the Army for military 
medical personnel. 
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 amount 
not to exceed the sum 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. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1994, 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 amount of $119,000,000. 
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, 1994, 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, 
$188,062,000; and 
(B) for the Army Reserve, $57,370,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $22,748,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$249,053,000; and 
^y^%f^-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3045 
(B) 
for 
the 
Air 
Force 
Reserve, 
$57,066,000. 
SEC. 2602. PROHIBITION ON USE OF FUNDS FOR UNAUTHORIZED 
GUARD AND RESERVE PROJECTS. 
(a) PROHIBITION OF UNAUTHORIZED PROJECTS.—Except as pro-
vided in subsection (b), funds appropriated pursuant to the 
authorization of appropriations in section 2601 may only be used 
for the purpose of pajdng for the costs of acquisition, architectural 
and engineering services, £ind construction of facilities for the Guard 
and Reserve Forces (and for contributions for such purposes) under 
chapter 133 of title 10, United States Code, in the case of projects 
for the Guard and Reserve Forces specified in the joint explanatory 
statement of the committee of conference to accompany the bill 
S. 2182 of the One Hundred and Third Congress. 
(b) EXCEPTIONS.—Subsection (a) shall not apply with respect 
to funds authorized to be appropriated in section 2601 for unspec-
ified planning and design and for unspecified minor construction. 
Such subsection shall also not apply in the case of a project for 
the Guard and Reserve Forces— 
(1) specifically authorized by a law enacted after the date 
of the enactment of this Act; 
(2) designated as emergency construction, in the same man-
ner as provided for military construction projects under section 
2803 of title 10, United States Code; 
(3) designated as contingency construction, in the same 
manner as provided for military construction projects under 
section 2804 of such title; 
(4) designated as a construction project required to carry 
out an environmental response action, in the same manner 
as provided for military construction projects under section 
2810 of such title; 
(5) designated as a construction project required to repair, 
restore, or replace a damaged or destroyed facility, in the 
same manner as provided for military construction projects 
under section 2854 of such title; or 
(6) specified in the joint explanatory statement of the 
committee of conference to accompany any Act, enacted before 
the date of enactment of this Act, authorizing funds for military 
construction projects if the authorization for the project has 
not expired by the time the expenditure is to be made. 
SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE 
BEEN APPROPRIATED. 
(a) FISCAL YEAR 1994 GUARD AND RESERVE PROJECTS.—Section 
2601 of the Military Construction Authorization Act for Fiscal Year 
1994 (division B of Public Law 103-160; 107 Stat. 1878) is 
amended— 
(1) in paragraph (1) by striking out "$283,483,000" and 
inserting in lieu thereof "$299,223,000"; and 
(2) in paragraph (2), by striking out "$25,013,000" and 
inserting in heu thereof "$33,713,000". 
(b) FISCAL YEAR 1993 AIR NATIONAL GUARD PROJECT.—Section 
2601(3)(A) of the Military Construction Authorization Act for Fiscal 
Year 1993 (division B of Public Law 102-484; 106 Stat. 2602) 
is amended by striking out "$305,759,000" and inserting in lieu 
thereof "$306,959,000". 
(c) FISCAL YEAR 1992 ARMY NATIONAL GUARD PROJECT.—Sec-
tion 2601(1)(A) of the Military Construction Authorization Act for 
108 STAT. 3046 
PUBLIC LAW 103-337—OCT. 5, 1994 
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 
1534) is amended by striking out "$210,745,000" and inserting 
in lieu thereof "$211,759,000". 
SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT DD^ NEW 
JERSEY. 
Funds appropriated pursuant to the authorization of appropria-
tions in section 2601(1)(A) of the Military Construction Authoriza-
tion Act for Fiscal Year 1993 (division B of Public Law 102-484; 
106 Stat. 2602) for the renovation of facilities at Fort Dix, New 
Jersey, for the purpose of accommodating a consolidated New Jersey 
National Guard headquarters may also be used for additions and 
alterations to such facilities for the same purpose. 
SEC. 2605. COLORADO STATE AREA COMMAND ARMORY, ENGLEWOOD, 
COLORADO. 
(a) CONTRIBUTION AUTHORIZED.—Using amounts appropriated 
for this purpose pursuant to the authorization of appropriations 
in section 2601(1)(A), the Secretary of Defense may make a contribu-
tion to the State of Colorado under paragraph (4) or (5) of section 
2233(a) of title 10, United States Code, in connection with the 
relocation of the Colorado State Area Command Armory to Engle-
wood, Colorado, and the improvement of such relocated armory. 
(b) COMPUTATION OF AMOUNT OF CONTRIBUTION.—Notwith-
standing section 2236(b) of title 10, United States Code, in comput-
ing the cost of construction imder such section for purposes of 
making the contribution authorized under subsection (a), the Sec-
retary of Defense may consider the cost or market value of the 
buildings and other improvements contributed by the State of Colo-
rado in connection with the relocation of the Colorado State Area 
Command Armory. The amount of the Federal contribution for 
such armory under paragraph (4) or (5) of section 2233(a) of such 
title, as authorized by subsection (a), may not exceed $2,725,000. 
TITLE XXVII—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, 1997; or 
(2) the date of the enactment of an Act authorizing fiinds 
for military construction for fiscal year 1998. 
(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 of— 
(1) October 1, 1997; or 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3047 
(2) the date of the enactment of an Act authorizing fiinds 
for fiscal year 1998 for military 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 
1992 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1992 (division B 
of PubHc Law 102-190; 105 Stat. 1535), authorizations for the 
projects set forth in the tables in subsection (b), as provided in 
section 2101, 2102, 2201, 2301, or 2601 of that Act, shall remain 
in effect until October 1, 1995, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
1996, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Army: Extension of 1992 Project Authorizations 
State 
Colorado 
Georgia 
Oregon 
Installation 
or location 
Fort Carson 
Fort Benning 
Fort Stewart 
Umatilla Depot Activity 
Project 
Family 
Housing New 
Construction (1 Unit) 
Greneral Instruction Fa-
cility 
Family 
Housing New 
Construction 
(120 
Units) 
Ammunition 
Demili-
tarization 
Support 
Facility 
Ammunition 
Demili-
tarization Utilities .... 
Amount 
$150,000 
$2,150,000 
$9,700,000 
$3,600,000 
$7,500,000 
Navy: Extension of 1992 Project Authorizations 
State 
Mississippi 
West Virginia ... 
Italy 
Outside United 
States 
Installation 
or location 
Gulfport 
Naval 
Con-
struction 
Battalion 
Center 
Green Bank Naval Ob-
servatory 
Sigonella 
Naval 
Air 
Station 
Sicily Naval 
Commu-
nications Station 
Various locations 
Project 
Controlled 
Humidity 
Warehouse 
Alternate 
Operations 
Center 
Operations 
Control 
Center 
Satellite terminal 
Satellite terminals 
Amount 
$7,000,000 
$5,400,000 
$9,850,000 
$2,750,000 
$10,570,000 
108 STAT. 3048 
PUBLIC LAW 103-337—OCT. 5, 1994 
Air Force: Extension of 1992 Project Authorization 
State 
Alaska 
Arizona .... 
California 
Delaware , 
Kansas 
Maryland 
North Carolina 
Installation 
or location 
Eareckson 
(formerly 
Shemya) 
Air Force 
Station 
Davis 
Monthan 
Air 
Force Base 
Beale Air Force Base .... 
Dover Air Force Base 
McConnell 
Air 
Force 
Base 
Andrews 
Air 
Force 
Base 
Pope Air Force Base 
Project 
Hazardous 
Storage .. 
Materials 
Wastewater Treatment 
Facility 
Munitions Maintenance 
Facility 
Additions 
and 
Alter-
ations Child Develop-
ment Center 
Temporary Lodging Fa-
cility 
Upgrade Mystic Star .... 
Child 
Development 
Center 
Amount 
$4,000,000 
$4,100,000 
$2,700,000 
$2,600,000 
$2,700,000 
$2,700,000 
$2,050,000 
Army National Guard: Extension of 1992 Project 
Authorizations 
State 
Location 
Project 
Amount 
California 
District of Co-
lumbia 
Maryland 
Mississippi 
Nevada 
North Carolina . 
Ohio 
Rhode Island .... 
West Virginia ... 
Stockton 
Fort Belvoir 
Cheltenham 
Towson 
West Point 
Tupelo 
Senatobia . 
Washoe County 
Camp Butner ... 
Toledo 
Camp Varnum . 
Camp Fogarty .. 
Huntington 
Additions 
and 
Alter-
ations Combined Sup-
port 
Maintenance 
Shop 
Army Aviation Support 
Facility 
Armory/Maintenance 
Shop 
Direct Logistics Ware-
house 
Maintenance Shop 
Maintenance Shop 
Maintenance Shop 
Maintenance Shop 
Range 
Armory 
Sewer and Water Sys-
tem 
Armory 
Guard 
and Reserve 
Center 
$1,613,000 
$2,765,000 
$3,300,000 
$373,000 
$1,270,000 
$992,000 
$723,000 
$1,050,000 
$986,000 
$3,183,000 
$578,000 
$5,151,000 
$2,983,000 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3049 
Army Reserve: Extension of 1992 Project Authorizations 
State 
Massachusetts . 
Ohio 
Pennsylvania .... 
Tennessee 
West Virginia ... 
Location 
Taunton 
Perrysburg 
Johnstown 
Jackson 
Huntington 
Project 
Reserve Center 
Reserve Center Addi-
tion 
Army 
and 
Marine 
Corps Aviation Facil-
ity 
Joint Training Facility . 
Guard 
and 
Reserve 
Center 
Amount 
$3,526,000 
$2,749,000 
$30,224,000 
$1,537,000 
$6,617,000 
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1991 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B 
of Public Law 101-510; 104 Stat. 1782), the authorizations for 
the projects set forth in the tables in subsection (b), as provided 
in section 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 PubUc Law 102-190; 105 Stat. 1535) 
and section 2702 of the Military Construction Authorization Act 
for Fiscal Year 1994 (division B of PubUc Law 103-160; 107 Stat. 
1880), shall remain in effect until October 1, 1995, or the date 
of the enactment of an Act authorizing funds for military construc-
tion for 
fisc£d 
year 1996, whichever is later. 
(b) TABLE.—^The tables referred to in subsection (a) is as follows: 
Navy: Extension of 1991 Project Authorization 
State 
Connecticut 
... 
Installation 
or location 
New 
London 
Naval 
Submarine Base 
Project 
Thames River Dredging 
Amount 
$5,300,000 
Air Force: Extension of 1991 Project Authorizations 
State 
California 
Colorado 
Hawaii 
Installation 
or location 
Beale Air Force Base .... 
Buckley Air 
National 
Guard Base 
Schofield Barracks 
Project 
Student Dormitory 
Child 
Development 
Center 
Combat Arms Training/ 
Maintenance Facility 
Amount 
$3,650,000 
$4,550,000 
$1,400,000 
108 STAT. 3050 
PUBLIC LAW 103-337—OCT. 5, 1994 
Defense Agencies: Extension of 1991 Project Authorization 
State 
Location 
Defense Logistics Agen-
cy, 
Defense 
Reutilization 
and 
Marketing 
Office, 
Fort Meade 
Project 
Covered Storage 
Amount 
$9,500,000 
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later o
f
— 
(1) October 1, 1994; or 
(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. LIMITATION ON REPAIR OF EXISTING FACILITIES. 
(a) APPLICATION OF LIMITATION TO MAJOR REPAIRS.—Section 
2811 of title 10, United States Code, is amended to read as follows: 
"§2811. Repair of facilities 
"(a) REPAIRS USING OPERATIONS AND MAINTENANCE FUNDS.— 
Using funds available to the Secretary concerned for operation 
and maintenance, the Secretary concerned may carry out repair 
projects for an entire single-purpose facility or one or more func-
tional areas of a multipurpose facility. 
"(b) APPROVAL REQUIRED FOR MAJOR REPAIRS.—A repair project 
costing more than $5,000,000 may not be carried out under this 
section unless approved in advance by the Secretary concerned. 
In determining the total cost of a repair project, the Secretary 
shall include all phases of a multi-year repair project to a single 
facility. In considering a repair project for approval, the Secretary 
shall ensure that the project is consistent with force structure 
plans, that repair of the facility is more cost effective than replace-
ment, and that the project is an appropriate use of operation and 
maintenance funds. 
"(c) 
PROHIBITION ON NEW CONSTRUCTION OR ADDITIONS.— 
Construction of new facilities or additions to existing facilities may 
not be carried out under the authority of this section.". 
(b) CLERICAL AMENDMENT.—The item relating to such section 
in the table of sections at the beginning of subchapter I of chapter 
169 of title 10, United States Code, is amended to read as follows: 
"2811. Repair of facilities". 
SEC. 2802. CLARIFICATION OF REQUIREMENT FOR NOTIFICATION OF 
CONGRESS OF IMPROVEMENTS IN FAMILY HOUSING 
UNITS. 
Section 2825(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3051 
"(3) The limitation contained in the first sentence of paragraph 
(1) does not apply to a project for the improvement of a family 
housing unit or units referred to in that sentence if the project 
(including the amount requested for the project) is identified in 
the budget materials submitted to Congress by the Secretary of 
Defense in connection with the submission to Congress of the budget 
for a fiscal year pursuant to section 1105 of title 31.". 
SEC. 2803. LIMITED PARTNERSHIPS FOR NAVY HOUSING. 
(a) AUTHORITY FOR HOUSING PARTNERSHIPS.—Subchapter II of 
chapter 169 of title 10, United States Code, is amended by adding 
at the end the following new section: 
"§2837. Limited partnerships with private developers of 
housing 
"(a) LIMITED PARTNERSHIPS.—(1) In order to meet the housing 
requirements of members of the naval service, and the dependents 
of such members, at a military installation described in paragraph 
(2), the Secretary of the Navy may enter into a limited partnership 
with one or more private developers to encourage the construction 
of housing and accessory structures within commuting distance 
of the installation. The Secretary may contribute not less than 
five percent, but not more than 35 percent, of the development 
costs under a limited partnership. 
"(2) Paragraph (1) applies to a military installation under the 
jurisdiction of the Secretary at which there is a shortage of suitable 
housing to meet the requirements of members and dependents 
referred to in such paragraph. 
"(b) COLLATERAL INCENTIVE AGREEMENTS.—The Secretary may 
also enter into collateral incentive agreements with private devel-
opers who enter into a limited partnership under subsection (a) 
to ensure that, where appropriate— 
"(1) a suitable preference will be afforded members of the 
naval service in the lease or purchase, as the case may be, 
of a reasonable number of the housing units covered by the 
limited partnership; or 
"(2) the rental rates or sale prices, as the case may be, 
for some or all of such units will be affordable for such members. 
"(c) SELECTION OF INVESTMENT OPPORTUNITIES.—(1) The Sec-
retary shall use publicly advertised, competitively bid or competi-
tively negotiated, contracting procedures, as provided in chapter 
137 of this title, to enter into limited partnerships under subsection 
c 
(a). 
"(2) When a decision is made to enter into a limited partnership 
under subsection (a), the Secretary shall submit a report in writing 
to the appropriate committees of Congress on that decision. Each 
such report shall include the justification for the limited partner-
ship, the terms and conditions of the limited partnership, a descrip-
tion of the development costs for projects under the limited partner-
ship, and a description of the share of such costs to be incurred 
by the Secretary. The Secretary may then enter into the limited 
partnership only after the end of the 21-day period beginning on 
the date the report is received by such committees. 
"(d) ACCOUNT.—(1) There is hereby established on the books 
of the Treasury an account to be known as the 'Navy Housing 
Investment Account'. 
"(2) There shall be deposited into the Account— 
79-194 O—95—14 : QL 3 Part 4 
108 STAT. 3052 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(A) such fiinds as may be authorized for and appropriated 
to the Account; and 
"(B) any proceeds received by the Secretsiry from the repay-
ment of investments or profits on investments of the Secretary 
under subsection (a). 
"(3) In such amounts as is provided in advance in appropriation 
Acts, the Account shall be available for contracts, investments, 
and expenses necessary for the implementation of this section. 
"(4) The Secretary may not enter into a contract in connection 
with a limited partnership under subsection (a) or a collateral 
incentive agreement under subsection (b) unless the Account con-
tains sufficient funds, as of the time the contract is entered into, 
to satisfy the total obligations to be incurred by the United States 
under the contract. 
Establishment. 
"(e) NAVY HOUSING I>fVESTMENT BoARD.—(1) The Secretary 
of the Navy shall establish a board to be known as the 'Navy 
Housing Investment Board', which shall have the duties— 
"(A) of advising the Secretary regarding those proposed 
limited partnerships under subsection (a), if any, that are finan-
cially £ind otherwise sound investments for meeting the objec-
tives of this section; 
"(B) of administering the Account established under sub-
section (d); and 
"(C) of assisting the Secretary in such other ways as the 
Secretary determines to be necessary and appropriate to carry 
out this section. 
"(2) The Navy Housing Investment Board shall be composed 
of seven members appointed for a two-year term by the Secretary. 
Among such members, the Secretary may appoint two persons 
from the private sector who have knowledge and experience in 
the financing and the construction of housing. The Secretary shall 
designate one of the members as chairperson of the Board. 
"(3) Members of the Navy Housing Investment Board, other 
than those members regularly employed by the Federal Govern-
ment, may be paid while attending meetings of the Board or other-
wise serving at the request of the Secretary, compensation 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 for each day (including travel time) during 
which the member is engaged in the actual performance of duties 
vested in the Board. Members shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance with section 
5702 and 5703 of title 5. 
"(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Navy Housing Investment Board. 
"(f) REPORT.—Not later than 60 days after the end of each 
fiscal year in which the Secretary carries out activities under this 
section, the Secretary shall transmit to Congress a report specifying 
the amount and nature of the deposits into, and the expenditures 
from, the Account during such fiscal year and of the amount and 
nature of all other expenditures made pursuant to such section 
during such fiscal year. 
"(g) TRANSFER OF NAVY LANDS PROHIBITED.—Nothing in this 
section shall be construed to permit the Secretary, as part of a 
limited partnership entered into under this section, to transfer 
the right, title, or interest of the United States in any real property 
under the jurisdiction of the Secretary. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3053 
"(h) EXPIRATION AND TERMINATION OF AUTHORITIES.—(1) 
The 
authority of the Secretary to enter into a hmited partnership under 
this section shall expire on September 30, 1999. 
"(2) The Navy Housing Investment Board shall terminate on Termination 
November 30, 1999.". 
date. 
(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: 
"2837. Limited partnerships with private developers of housing.". 
SEC. 2804. REIMBURSEMENT FOR SERVICES PROVIDED BY THE 
DEPARTMENT OF DEFENSE INCIDENT TO CONSTRUC-
TION, MAINTENANCE, OR REPAIR PROJECTS TO REAL 
PROPERTY. 
(a) FIXED RATE FOR REIMBURSEMENT FOR CERTAIN SERVICES.— 
Section 2205 of title 10, United States Code, is amended— 
(1) by inserting "(a) AVAILABILITY OF REIMBURSEMENTS.— 
" before the first sentence; and 
(2) by adding at the end the following new subsection: 
"(b) FIXED RATE FOR REIMBURSEMENT FOR CERTAIN SERVICES.— 
The Secretary of Defense and the Secretaries of the military depart-
ments may charge a fixed rate for reimbursement of the costs 
of providing planning, supervision, administrative, or overhead serv-
ices incident to any construction, maintenance, or repair project 
to real property or for providing facility services, irrespective of 
the appropriation financing the project or facility services.". 
(b) CONFORMING AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§ 2205. Reimbursements". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 131 of title 10, United States Code, 
is amended to read as follows: 
"2205. Reimbursements.". 
SEC. 2805. AUTHORITY TO PAY CLOSING COSTS UNDER HOMEOWNERS 
ASSISTANCE PROGRAM. 
Section 1013(c) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3374(c)) is amended by insert-
ing after the first sentence the following new sentence: "The Sec-
retary may also pay a person who elects to receive a cash pa3mient 
under clause (1) of the preceding sentence an amount that the 
Secretary determines appropriate to reimburse the person for the 
costs incurred by the person in the sale of the property if the 
Secretary determines that such payment will benefit the person 
and is in the best interest of the Federal Government.". 
Subtitle B—^Defense Base Closure and 
Realignment 
SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE 
PROCESS OF ADVANCE CONVERSION PLANNING UNDER-
TAKEN BY POTENTIAL AFFECTED COMMUNITIES. 
(a) DEPARTMENT OF DEFENSE RECOMMENDATIONS.—Subsection 
(c)(3) of section 2903 of the Defense Base Closure and Realignment 
108 STAT. 3054 
PUBLIC LAW 103-337—OCT. 5, 1994 
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)" before "In considering"; and 
(2) by adding at the end the following new subparagraphs: 
"(B) In considering military installations for closure or realign-
ment, the Secretary may not take into account for any purpose 
any advance conversion planning undertaken by an affected commu-
nity with respect to the anticipated closure or realignment of an 
installation. 
"(C) For purposes of subparagraph (B), in the case of a commu-
nity anticipating the economic effects of a closure or realignment 
of a military installation, advance conversion planning— 
"(i) shall include community adjustment and economic 
diversification planning undertaken by the community before 
an anticipated selection of a military installation in or near 
the community for closure or realignment; and 
"(ii) may include the development of contingency redevelop-
ment plans, plans for economic development and diversification, 
and plans for the joint use (including civilian and military 
use, public and private use, civilian dual use, and civilian 
shared use) of the property or facilities of the installation 
after the anticipated closure or realignment.", 
(b) COMMISSION RECOMMENDATIONS.—Subsection (d)(2) of such 
section is amended by adding at the end the following new subpara-
graph: 
"(E) In making recommendations under this paragraph, the 
Commission may not take into account for any purpose any advance 
conversion planning undertaken by an affected community with 
respect to the anticipated closure or realignment of a military 
installation.". 
SEC. 
2812. CONSULTATION REGARDING PERSONAL PROPERTY 
LOCATED AT MILITARY INSTALLATIONS TO BE CLOSED. 
(a) CLOSURES UNDER 1988 ACT.—(1) Section 204(b)(3)(D) of 
the Defense Authorization Amendments and Base Closure and 
ReaHgnment Act (Public Law 100-526; 10 U.S.C. 2687 note) is 
amended by adding at the end the following new sentence: "In 
connection with the development of the redevelopment plan for 
the installation, the Secretary shall consult with the entity respon-
sible for developing the redevelopment plan to identify the items 
of personal property located at the installation, if any, that the 
entity desires to be retained at the installation for reuse or redevel-
opment of the installation.". 
(b) CLOSURES UNDER 1990 ACT.—Section 2905(b)(3)(D) of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Pubhc Law 101-510; 10 U.S.C. 2687 note) is amended 
by adding at the end the following new sentence: "In connection 
with the development of the redevelopment plan for the installation, 
the Secretary shall consult with the entity responsible for develop-
ing the redevelopment plan to identify the items of personal prop-
erty located at the installation, if any, that the entity desires 
to be retained at the installation for reuse or redevelopment of 
the installation.". 
SEC. 2813. CLARIFYING AND TECHNICAL AMENDMENTS TO BASE CLO-
SURE LAWS. 
(a) CLARIFICATION OF SCOPE OF TERMINATION OF AUTHORITY 
UNDER 1988 ACT.—Section 202(c) of the Defense Authorization 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3055 
Amendments and Base Closure and Realignment Act (Public Law 
100-526; 10 U.S.C. 2687 note) is amended— 
(1) by striking out "The authority and inserting in lieu 
thereof "(1) Except as provided in paragraph (2), the authority"; 
and 
(2) by adding at the end the following new paragraph: 
"(2) The termination of authority set forth in paragraph (1) 
shall not apply to the authority of the Secretary to carry out 
environmental restoration and waste management at, or disposal 
of property of, military installations closed or realigned under this 
title.". 
(b) 
USE OF UNOBLIGATED 
FUNDS IN 1988 
ACCOUNT FOR 
ENVIRONMENTAL RESTORATION AND PROPERTY DISPOSAL.—Section 
, 
207(a)(5) of such Act is amended— 
10 USC 2687 
(1) by striking out "Unobligated funds" and inserting in ^°^-
lieu thereof "(A) Except as provided in subparagraph (B), unobli-
gated funds"; and 
(2) by adding at the end the following new subparagraph: 
"(B) The Secretary may, after the termination of authority 
referred to in subparagraph (A), use any unobligated funds referred 
to in that subparagraph that are not transferred in accordance 
with that subparagraph to carry out environmental restoration 
£ind waste management at, or disposal of property of, military 
installations closed or realigned under this title.". 
(c) CLARIFICATION OF DISPOSAL AUTHORITY.— 
(1) UNDER 1988 ACT.—Section 204(b)(1) of such Act is 10 USC 2687 
amended in the matter above paragraph (1) by striking out "
^
o
*
®
-
"real property and facilities" and inserting in lieu thereof "real 
property, facilities, and personal propert}^'. 
(2) UNDER 1990 ACT.—Section 2905(b)(1) 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) is amended 
in the matter above paragraph (1) by striking out "real property 
and facilities" and inserting in lieu thereof "real property, facili-
ties, and personal property. 
(d) DEFINITION OF REDEVELOPMENT AUTHORITY.— 
(1) UNDER 1988 ACT.—Section 209(10) of the Defense 
Authorization Amendments and Base Closure and Realignment 
Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended 
by striking out "and for" and inserting in lieu thereof "or 
for". 
(2) UNDER 1990 ACT.—Section 2910(9) of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX 
of Pubhc Law 101-510; 10 U.S.C. 2687 note) is amended by 
striking out "and for" and inserting in lieu thereof "or for". 
(3) EFFECTIVE DATE.—The amendments made by para- 10USC2687 
graphs (1) and (2) shall take effect as if included in the amend- note, 
ments made by section 2918 of the National Defense Authoriza-
tion Act for Fiscal Year 1994 (Pubhc Law 103-160; 107 Stat. 
1927). 
(e) CROSS REFERENCE.— 
(1) UNDER 1988 ACT.—Section 204(b)(5)(A) of the Defense 
Authorization Amendments and Base Closure and Realignment 
Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended 
by striking out "subsection (b)(1)" and inserting in lieu thereof 
"paragraph (1)". 
108 STAT. 3056 
PUBLIC LAW 103-337—OCT. 5, 1994 
(2) UNDER 1990 ACT.—Section 2905(b)(5)(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) is amended 
by striking out "subsection (b)(1)" and inserting in lieu thereof 
"paragraph (1)". 
10 use 2687 
SEC. 2814. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED 
no^ 
MILITARY INSTALLATIONS. 
(a) AUTHORIZATION TO RENT BASE CLOSURE PROPERTIES.—To 
promote the rapid conversion of military installations that are closed 
pursuant to a base closure law, the Administrator of the General 
Services may give priority consideration, when leasing space in 
accordance with the Pubhc Buildings Act of 1959 (40 U.S.C. 601 
et seq.) and the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.), to facilities of such an installation 
that have been acquired by a non-Federal entity. 
(b) BASE CLOSURE LAW DEFINED.—For purposes of 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 Pubhc 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). 
10 use 2687 
SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FUTURE 
^°^- 
MOBILIZATION OPTIONS. 
(a) REPORT REQUIRED.—The Secretary of Defense shall prepare 
a report evaluating the effect of base closures and realignments 
conducted since January 1, 1987, on the ability of the Armed 
Forces to remobilize to the end strength levels authorized for fiscal 
year 1987 by sections 401, 403, 411, 412, and 421 of the National 
Defense Authorization Act for Fiscal Year 1987 (Public Law 99-
661; 100 Stat. 3859). The report shall identify those military 
construction projects, if any, that would be necessary to facilitate 
such remobilization and £iny defense assets disposed of under a 
base closure or realignment, such as air space, that would be 
difficult to reacquire in the event of such remobilization. 
(b) TIME FOR SUBMISSION.—Not later than January 31, 1996, 
the Secretary shall submit to the congressional defense committees 
the report required by this section. 
SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN EMPLOY-
EES 
IN 
CONNECTION 
WITH 
CERTAIN 
BASE 
REALIGNMENTS. 
(a) RESTORATION REQUIRED.—Section 6304(d)(3) of title 5, 
United States Code, is amended— 
(1) by striking "(3)" and inserting "(3)(A)"; 
(2) by striking "closure of and inserting "closure of, and 
any realignment with respect to,"; and 
(3) by adding at the end the following new subparagraph: 
"(B) For the purpose of subparagraph (A), the term 'realign-
ment' means a base realignment (as defined in subsection (e)(3) 
of section 2687 of title 10) that meets the requirements of subsection 
(a)(2) of such section.". 
5 use 6304 note. 
(b) APPLICATION OF AMENDMENTS.—^The amendments made by 
subsection (a) shall apply only with respect to the restoration of 
annual leave of employees at military installations undergoing 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3057 
realignment if such leave is lost by operation of section 6304 of 
title 5, United States Code, on or after the date of the enactment 
of this Act. 
SEC. 2817. AGREEMENTS OF SETTLEMENT FOR RELEASE OF IMPROVE-
MENTS AT OVERSEAS MILITARY INSTALLATIONS. 
(a) AGREEMENTS SUBJECT TO O M B REVIEW.—Subsection (g) 
of section 2921 of the Military Construction Authorization Act for 
Fiscal Year 1991 (division B of Pubhc Law 101-510; 10 U.S.C. 
2687 note) is amended by inserting after the first sentence the 
following: "The prohibition set forth in the preceding sentence shall 
apply only to agreements of settlement for improvements having 
a value in excess of $10,000,000.". 
(b) 
REPORTS 
TO CONGRESS.—Such subsection is 
further 
amended— 
(1) by inserting "(1)" before "The Secretary of Defense"; 
and 
(2) by adding at the end the following: 
"(2) Each year, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report on each proposed agreement of settlement that was not 
submitted by the Secretary to the Director of the Office of Manage-
ment and Budget in the previous year under paragraph (1) because 
the value of the improvements to be released pursuant to the 
proposed agreement did not exceed $10,000,000.". 
Subtitle C—Changes to Existing Land 
Conveyance Authority 
SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL SUPPLY CEN-
TER, OAKLAND, CALIFORNIA. 
Section 2834(b) the Military Construction Authorization Act 
for Fiscal Year 1993 (division B of Pubhc Law 102-484; 106 Stat. 
2614) is amended— 
(1) in paragraph (1)— 
(A) by striking out "City" the second place it appears 
and inserting in lieu thereof "Cities"; and 
(B) by inserting "the City of Alameda, California," after 
"California," the first place it appears; and 
(2) in paragraphs (2) and (3), by striking out "City" each 
place it appears and inserting in lieu thereof "Cities". 
SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL 
MILITARY RESERVATION, VIRGINIA. 
(a) PARTICIPATION OF ADDITIONAL POLITICAL SUBDIVISIONS IN 
REGIONAL CORRECTIONAL FACILITY.—Subparagraph (B) of sub-
section (c)(3) of section 603 of the Persian Gulf Conflict Supple-
mental Authorization and Personnel Benefits Act of 1991 (Public 
Law 102-25; 105 Stat. 108) is amended to read as follows: 
"(B) Subparagraph (A) shall not be construed to prohibit any 
political subdivision not named in such subparagraph fi-om— 
"(i) participating initially in the written agreement referred 
to in paragraph (2); or 
"(ii) agreeing at a later date to participate as a member 
of the governmental entity referred to in paragraph (2)(A), 
or by contract with such entity, in the construction or operation 
108 STAT. 3058 
PUBLIC LAW 103-337—OCT. 5, 1994 
of the regional facility to be constructed on the parcel of land 
conveyed under this section.". 
(b) TIME FOR CONSTRUCTION AND OPERATION OF CORRECTIONAL 
FACILITY.—(1) Subsection (d)(l)(A)(i) of such section is amended 
by striking out "not later than 24 months after the date of the 
enactment of this Act" and inserting in lieu thereof "not later 
than April 1, 1997". 
(2) The Secretary of the Army shall provide the recipient of 
the conveyance of property under section 603 of such Act with 
such legal instrument as is appropriate to modify, in accordance 
with the amendment made by paragraph (1), any statement of 
conditions contained in any existing instrument which conveyed 
the property to that recipient. The Secretary shall record the 
instrument in the appropriate office or offices of the Commonwealth 
of Virginia or political subdivision within the Commonwealth, 
SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS, NAVAL 
WEAPONS INDUSTRIAL RESERVE PLANT, NEW YORK, AS 
NATURE PRESERVE. 
(a) PRESERVATION AS NATURE PRESERVE REQUIRED.—Section 
2854 of the Military Construction Authorization Act for Fiscal Year 
1993 (division B of PubHc Law 102-484; 106 Stat. 2626) is 
amended— 
(1) by redesignating subsections (a) and (b) as subsections 
(c) and (d), respectively; and 
(2) by inserting before subsection (c), as so redesignated, 
the following new subsections: 
"(a) PURPOSE.—It is the purpose of this section to ensure that 
the Calverton Pine Barrens is maintained and preserved, in 
perpetuity, as a nature preserve in its current undeveloped state. 
"(b) PROHIBITION ON INCONSISTENT DEVELOPMENT.—The Sec-
retary of the Navy shall not carry out or permit any development, 
commercial or residential, at the Calverton Pine Barrens that is 
inconsistent with the purpose specified in subsection (a).". 
(b) CONFORMING AMENDMENTS.—Subsection (c) of such section, 
as redesignated by subsection (a)(1), is amended— 
(1) by striking out "PROHIBITION.—" and inserting in lieu 
therefore "REVERSIONARY INTEREST.—"; and 
(2) by striking out "for commercial purposes" and all that 
follows through the period and inserting in lieu thereof "in 
a manner inconsistent with the purpose specified in subsection 
(a) (as determined by the head of the department or agency 
making the conveyance).". 
SEC. 2824. RELEASE OF REVERSIONARY INTEREST RETAINED AS PART 
OF CONVEYANCE OF ELECTRICITY DISTRIBUTION SYS-
TEM, FORT DIX, NEW JERSEY. 
Section 2846 of the Military Construction Authorization Act 
for Fiscal Year 1994 (division B of PubHc Law 103-160; 107 Stat. 
j 
1904) is amended— 
(1) by striking out subsection (f); and 
(2) by redesignating subsections (g) and (h) as subsections 
(f) and (g), respectively. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3059 
SEC. 2825. MODIFICATION OF LAND CONVEYANCE, F(»RT KNOX, KEN-
TUCKY. 
Section 2816 of the Military Construction Authorization Act 
for Fiscal Years 1990 and 1991 (division B of Pubhc Law 101-
189; 103 Stat. 1655) is amended— 
(1) in subsection (c)(1), by striking out "for the construction 
of up to four units of military family housing at Fort Knox, 
Kentucky" and inserting in lieu thereof "for improvements to 
military family housing at Fort Knox, Kentucky, in an amount 
not to exceed $255,000"; 
(2) by striking out subsection (d); and 
(3) by redesignating subsections (e) and (f) as subsections 
(d) and (e), respectively. 
SEC. 2826. REVISIONS TO RELEASE OF REVERSIONARY INTEREST, OLD 
SPANISH TRAIL ARMORY, HARRIS COUNTY, TEXAS. 
(a) CLERICAL AMENDMENTS.—Section 2820 of the Military 
Construction Authorization Act for Fiscal Year 1994 (division B 
of Pubhc Law 103-160; 107 Stat. 1894) is amended— 
(1) in subsection (a), by striking out "1936" and inserting 
in heu thereof "1956"; and 
(2) in subsection (b)(1), by striking out "value" and inserting 
in lieu thereof "size". 
(b) PAYMENT FOR SURVEY.—Subsection (c) of such section is 
amended by adding at the end the following new sentence: "The 
cost of the survey shall be borne by the State of Texas.". 
SEC. 2827. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION 
EASEMENT. 
(a) MODIFICATION.—Section 6 of the Act of July 2, 1948 (62 
Stat. 1229), as added by section 2862 of the Military Construction 
Authorization Act for Fiscal Year 1991 (division B of Public Law 
101-510; 104 Stat. 1805), is amended by adding at the end the 
following new sentence: "In addition, such height restriction shall 
not apply to the structure proposed to be constructed on a parcel 
of real property that is within the area conveyed under this Act 
and is identified as 1110 Santa Rosa Boulevard, Fort Walton Beach, 
Florida, so long as the proposed structure upon completion does 
not exceed a height of 155 feet above mean low-water level.". 
(b) INSTRUMENT OF RELEASE.—The Secretary of the Air Force 
shall execute and file in the appropriate office any instrument 
necessary to effect the modification of the avigation easement 
referred to in the amendment made by subsection (a). 
SEC. 2828. TECHNICAL AMENDMENT TO CORRECT REFERENCE IN American 
LAND TRANSACTION. 
Water Company. 
Section 2842(c) of the Military Construction Authorization Act 
for Fiscal Year 1994 (division B of Pubhc Law 103-160; 107 Stat. 
1898) is amended by striking out "Washington Gas Company" and 
inserting in lieu thereof "American Water Company". 
Subtitle D—^Land Conveyances 
SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3, TULSA, OKLA-
HOMA-
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the City of Tulsa, Oklahoma 
108 STAT. 3060 
PUBLIC LAW 103-337—OCT. 5, 1994 
(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 
any improvements thereon, which consists of approximately 337 
acres located in Tulsa, Oklahoma, and is known as Air Force 
Plant No. 3. The Secretary may also convey facilities, equipment, 
and fixtures (including special tooling and special test equipment) 
located on the parcel to be conveyed if the Secretary determines 
that manufacturing activities requiring the use of such facilities, 
equipment, and fixtures are likely to continue or be reinstated 
on the parcel after conveyance of the parcel. 
(b) LEASE AUTHORITY.—Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary may 
lease the property, along with improvements thereon, to the City 
in exchange for security services, fire protection, and maintenance 
provided by the City for the property. 
(c) CONDITION OF CONVEYANCE.—^The conveyance authorized 
under subsection (a) shall be subject to the condition that the 
City, directly or through an agreement with a public or private 
entity, use the conveyed property (or offer the conveyed property 
for use) for economic redevelopment to replace all or a psirt of 
the economic activity being lost at the parcel. 
(d) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with subsection (c), 
all right, title, £ind interest in and to the property (including any 
facilities, equipment, or fixtures conveyed) shall revert to the United 
States, ancl the United States shall have the right of immediate 
entry onto the property. Any determination of the Secretary under 
this subsection shall be made on the record after an opportunity 
for a hearing. 
(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 the City. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms Eind conditions in connection with 
the conveyance under subsection (a) or a lease under subsection 
(b) as the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59, JOHNSON 
CITY (WESTOVER), NEW YORK. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the Broome County Industrial 
Development Agency (in this section referred to as the "Agency"), 
all right, title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon, containing 
Air Force Plant No. 59, Johnson City (Westover), New York. The 
Secretary may also convey facilities, equipment, and fixtures 
(including special tooling and special test equipment) located on 
the parcel to be conveyed if the Secretary determines that manufac-
turing activities requiring the use of such facilities, equipment, 
and fixtures are likely to continue or be reinstituted on the parcel 
after conveyance of the parcel. 
(b) LEASE AUTHORITY.—^Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary may 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3061 
lease the property, along with improvements thereon, to the Agency 
in exchange for security services, fire protection, and maintenance 
provided by the Agency for the property. 
(c) CONDITION OF CONVEYANCE.—The conveyance authorized 
under subsection (a) shall be subject to the condition that the 
Agency, directly or through an agreement with another public or 
private entity, use the conveyed property (or offer the conveyed 
property for use) for economic redevelopment to replace all or a 
part of the economic activity being lost at Air Force Plant No. 
59. 
(d) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with subsection (c), 
all right, title, and interest in and to the property (including any 
facilities, equipment, or fixtures conveyed) shall revert to the United 
States, and the United States shall have the right of immediate 
entry onto the property. Any determination of the Secretary under 
this subsection shall be made on the record after an opportunity 
for a hearing. 
(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 the Agency. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) or a lease under subsection 
(b) as the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2833. LAND CONVEYANCE, NAVAL WEAPONS 
INDUSTRIAL 
RESERVE PLANT, CALVERTON, NEW YORK. 
(a) IN GENERAL.—The Secretary of the Navy may convey, with-
out consideration, to the Community Development Agency of the 
Town of Riverhead, New York (in this section referred to as the 
"Community Development Agency"), all right, title and interest 
of the United States in and to a parcel of land, and improvements 
thereon, consisting of approximately 2,900 acres and comprising 
a portion of the Naval Weapons Industrial Reserve Plant, Calverton, 
New York. 
(b) CONDITION OF CONVEYANCE.—(1) The conveyance authorized 
under subsection (a) shall be subject to the condition that the 
Community Development Agency, directly or through an agreement 
with another public or private entity, use the conveyed property 
(or offer the conveyed property for use) for economic redevelopment 
to replace all or a part of the economic activity lost at the Naval 
Weapons Industrial Reserve Plant. 
(2) The Community Development Agency shall carry out eco-
nomic redevelopment under paragraph (1) in accordance with any 
redevelopment plan or plans prepared with respect to the Naval 
Weapons Industrial Reserve Plant by a planning commission that 
represents entities or organizations having an interest in land use 
in the region in which the plant is located. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with subsection (b)(1). 
108 STAT. 3062 
PUBLIC LAW 103-337—OCT. 5, 1994 
all right, title and interest in and to the property, including improve-
ments thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection shall 
be made on the record after an opportunity for a hearing, 
(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 Community Develop-
ment Agency. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance authorized by subsection (a) as the Secretary consid-
ers to be necessary to protect the interests of the United States. 
SEC. 2834. LAND CONVEYANCE, RADAR BOMB SCORING SITE, DICKIN-
SON, NORTH DAKOTA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the North Dakota Board 
of Higher Education (in this section referred to as the "Board") 
all right, title, and interest of the United States in and to a parcel 
of real property (including any improvements thereon) consisting 
of approximately 4 acres located in Dickinson, North Dakota, which 
has served as the location of a support complex, recreational facili-
ties, and housing facilities for the Radar Bomb Scoring Site, Dickin-
son, North Dakota. 
(b) CONDITION OF CONVEYANCE.—The conveyance authorized 
under subsection (a) shall be subject to the condition that the 
Board— 
(1) use the property, recreational facilities, and housing 
facilities conveyed under such subsection for housing, recre-
ation, and other purposes that, as determined by the Secretary, 
will promote and enhance educational opportunities provided 
by Dickinson State University; 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. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
property is not being used in accordance with subsection (b), all 
right, title, and interest in and to the conveyed property, including 
£iny improvements thereon, shall revert to the United States, and 
the United States shall have the right of immediate entry onto 
the property. Any determination of the Secretary under this sub-
section shall be made on the record after an opportunity for a 
hearing. 
(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 Board. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
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. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3063 
SEC. 2835. LAND CONVEYANCE, FINLEY AIR FORCE STATION, FINLEY 
NORTH DAKOTA. 
(a) CONVEYANCE AUTHORIZED.—(1) Subject to subsection (c), 
the Secretary of the Air Force may convey, without consideration, 
to the City of Finley, North Dakota (in this section referred to 
as the "City"), with the consent of the City, all right, title, and 
interest of the United States in and to a parcel of real property 
consisting of approximately 12 acres, including improvements 
thereon, located 1.5 miles west of Finley, North Dakota, which 
has served as a support complex, recreational facilities, and housing 
facilities for the Finley Air Force Station and Radar Site, Finley, 
North Dakota. 
(2) The parcel of property to be conveyed under paragraph 
(1) shall include real property referred to in that paragraph that 
is the location of a housing complex, the location of a waste water 
treatment system, and the former site of a trailer court. 
(3) The purpose of the conveyance authorized under paragraph 
(1) is to encourage and facilitate economic redevelopment of Finley, 
North Dakota, following the closure of the Air Force Station and 
Radar Site. 
(b) CONDITION OF CONVEYANCE.—The conveyance required 
under subsection (a)(1) shall be subject to the condition that the 
City— 
(1) use 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 or person to sell or lease the property and 
facilities to that entity or person for such uses. 
(c) EFFECTIVE DATE OF CONVEYANCE.—The conveyance required 
under subsection (a)(1) shall occur, if at all, not earlier than January 
1, 1995, and not later than June 30,1995. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a)(1) 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 may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a)(1) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2836. LAND CONVEYANCE, CORNHUSKER ARMY AMMUNITION 
PLANT, HALL COUNTY, NEBRASKA. 
(a) CONVEYANCE AUTHORIZED.—Subject to subsection (b), the 
Secretary of the Army may convey to the Hall County, NelDraska, 
Board of Supervisors (in this section referred to as the "Board"), 
or the designee of the Board, all right, title and interest of the 
United States in and to the real property, together with any 
improvements thereon, located in Hall County, Nebraska, that is 
the site of the Comhusker Army Ammunition Plant. 
(b) REQUIREMENT RELATING TO CONVEYANCE.—The Secretary 
may not carry out the conveyance authorized under subsection 
(a) until the Secretary completes any environmental restoration 
required with respect to the property to be conveyed. 
(c) UTILIZATION OF PROPERTY.—The Board or its designee, as 
the case may be, shall utilize the real property conveyed under 
108 STAT. 3064 
PUBLIC LAW 103-337—OCT. 5, 1994 
subsection (a) in a manner consistent with the Comhusker Army 
Ammunition Plant Reuse Committee Comprehensive Reuse Plan. 
(d) CONSIDERATION.—In consideration for the conveyance under 
subsection (a), the Board or its designee, as the case may be, 
shall pay to the United States an amount equal to the fair market 
value of the real property to be conveyed, as determined by the 
Secretary. 
(e) USE OF PROCEEDS.—(1) The Secretary shall deposit in the 
special account established under section 204(h)(2) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 
485(h)(2)) the amount received from the Board or its designee 
under subsection (d). 
(2) Notwithstanding subparagraph (A) of such section 204(h)(2), 
the Secretary may use the entire amount deposited in the special 
account under paragraph (1) for the purposes set forth in subpara-
graph (B) of such section 204(h)(2). 
if) 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 the survey shall be borne by the Board or its designee, as 
the case may be. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
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. 2837. LAND CONVEYANCE, HAWTHORNE ARMY AMMUNITIGN 
PLANT, MINERAL COUNTY, NEVADA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to Mineral County, Nevada, all right, 
title, and interest of the United States in and to a parcel consisting 
of approximately 440 acres located at the Hawthorne Army 
Ammunition Plant, Mineral County, Nevada, and 
commonly 
referred to as the Babbitt Housing Site. 
(b) 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 the survey shall be borne by Mineral County, Nevada. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
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. 2838. LAND CONVEYANCE, FORT DD^ NEW JERSEY. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the City of Edison, New Jersey 
(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) included on the real property inventory 
of Fort Dix, New Jersey, which consists of approximately 10 acres 
and contains recreational fields and an unused garage identified 
as building 1072 on the real property inventory. 
(b) CONDITION OF CONVEYANCE.—The conveyance required by 
subsection (a) shall be subject to the condition that the City— 
(1) maintain and use the recreational fields conveyed under 
such subsection for recreational purposes; and 
(2) permit the women's Softball team known as the Edison 
Angels (and any successor to such team) to continue to use 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3065 
such recreational fields on the same terms and conditions as 
contained in the agreement between the team and the Sec-
retary, in existence on the date of the enactment of this Act. 
(c) REVERSIONARY INTEREST.—If the Secretary determines that 
the City is not compl)dng with the conditions specified in subsection 
(b), all right, title, and interest of the City in and to the property 
conveyed under subsection (a) (including improvements thereon) 
shall revert to the United States, and the United States shall 
have the right of immediate reentry on the property. 
(d) 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 such survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
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. 2839. LAND CONVEYANCE, DEFENSE FUEL SUPPLY POINT, CASCO 
BAY, MAINE. 
(a) CONVEYANCE AUTHORIZED.—Subject to subsection (b), the 
Secretary of the Navy may convey, without consideration, to the 
Town of Harpswell, Maine (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, together with any improvements (other than under-
ground fuel storage facilities and above-ground fuel storage facili-
ties) thereon and the pier associated therewith, consisting of 
approximately 118 acres and located in Harpswell, Maine, the loca-
tion of the Defense Fuel Supply Point, Casco Bay, Maine. 
(b) REQUIREMENTS RELATING TO CONVEYANCE.—The Secretary 
may not make the conveyance authorized under subsection (a) 
until the Secretary of Defense— 
(1) completes the removal from the parcel of all under-
ground fuel storage facilities and above-ground fuel storage 
facilities; and 
(2) notifies the Secretary of the Navy that the Secretary 
of Defense has carried out the requirements set forth in section 
120(h) of the Comprehensive Environmental Response, Com-
pensation and Liability Act of 1980 (42 U.S.C. 9620(h)) with 
respect to the parcel. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary of the 
Navy. The cost of the survey shall be borne by the Town. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Navy may require such additional terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2840. LAND CONVEYANCE, ARMY RESERVE FACILITY, RIO VISTA, 
CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to the City of Rio Vista, California (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) 
containing the Reserve training facility located in Rio Vista, Califor-
nia. 
108 STAT. 3066 
PUBLIC LAW 103-337—OCT. 5, 1994 
(b) CONDITION OF CONVEYANCE.—The conveyance authorized 
under subsection (a) shall be subject to the condition that the 
City use the property for recreational purposes. 
(c) CONSIDERATION.—In recognition of the public use to which 
the conveyed property will be devoted, the Secretary may require 
the City to pay to the United States an amount equal to less 
than the fair market value of the property, as determined by the 
Secretary, as consideration for the conveyance under subsection 
(a). 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey that is satisfactory to the Secretary. 
The cost of such survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
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. 2841. LEASE OF PROPERTY, 
NAVAL SHIPYARD, VALLEJO, 
CALIFORNM. 
(a) LEASE AUTHORIZED.—The Secretary of the Navy may lease, 
without consideration, to the City of Vallejo, California (in this 
section referred to as the "City"), the real property (including 
improvements thereon) described in subsection (b), which is located 
on Mare Island in Vallejo, California, and is currently under the 
control of Mare Island Naval Shipyard Command. 
(b) COVERED PROPERTY.—The parcel of real property to be 
leased under subsection (a) shall consist of all existing active dredge 
ponds and nontidal areas on Mare Island under the jurisdiction 
of the Navy, except that the parcel shall not include the nontidal 
areas identified in figure 3 of the Memorandum of Understanding 
between the United States Fish and Wildlife Service and Mare 
Island Naval Shipyard, dated July 28,1988. 
(c) LEASE TERMS.—The lease authorized under subsection (a)— 
(1) may be for a period of not more than 15 years; and 
(2) shall provide that the City— 
(A) retain environmental responsibility for all actions 
of the City on the property subject to the lease; and 
(B) hold harmless, indemnify, and defend the United 
States from and against any suit, claim, demand or action, 
liability, judgment, cost or other fee arising out of any 
claim for injury or damage that results from, or is in 
any manner predicated upon activities of the City on the 
leased property during the term of the lease. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
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. 
SEC. 2842. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY, 
IMPERIAL BEACH, CORONADO, CALIFORNIA. 
(a) LEASE AUTHORIZED.—The Secretary of the Navy may lease 
to the Young Men's Christian Association of San Diego County, 
a California nonprofit public benefit corporation (in this section 
referred to as the 'TMCA"), such interests in a parcel of real 
property (including any improvements thereon) consisting of 
approximately 45 acres at the Naval Radio Receiving Facility, Impe-
rial Beach, Coronado, California, as the Secretary considers appro-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3067 
priate for the YMCA to operate and maintain a summer youth 
residence camp known as the YMCA San Diego Unified Recreational 
Facihty (Camp SURF). Pursuant to the lease, the Secretary may 
authorize the YMCA to construct facilities on the parcel. 
(b) LEASE TERMS.—The lease authorized in subsection (a) shall 
be for a period of 50 years, or such longer period as the Secretary 
determines to be in the best interests of the United States. 
(c) CONSIDERATION.—^As consideration for the lease of real prop-
erty under subsection (a), the YMCA shall— 
(1) agree to maintain and enhance the natural resources 
of the leased premises; and 
(2) pay to the United States an amount in cash equal 
to the difference between the rental price prescribed by the 
Secretary under subsection (d) and the value of natural 
resources maintenance and enhancements performed by the 
YMCA, as determined by the Secretary. 
(d) DETERMINATION OF RENTAL PRICE.—^Acknowledging the 
benefits the YMCA has provided to the Armed Forces and the 
specific benefits Camp SURF provides to the children of San Diego, 
the Secretary may prescribe a rental price for the real property 
leased under subsection (a) that is less than fair market rental 
value. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the lease under subsection (a) as the Secretary considers appro-
priate to protect the operation of the Naval Radio Receiving Facility, 
Imperial Beach, and to protect the interests of the United States. 
SEC. 2843. AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT HUE-
NEME, CALIFORNIA, TO USE CERTAIN NAVY PROPERTY. 
(a) JOINT USE AGREEMENT AUTHORIZED.—The Secretary of the 
Navy may enter into an agreement with the Oxnard Harbor District, 
Port Hueneme, California, a special district of the State of California 
(in this section referred to as the "District"), under which the 
District may use United States Navy Wharf Number 3 and associ-
ated real property comprising up to 25 acres located at the Naval 
Construction Battalion Center, Port Hueneme, California (in this 
section referred to as the "Center"). 
(b) TERM OF AGREEMENT.—The agreement authorized under 
subsection (a) may be for an initial period of not more than 15 
years. Under the agreement, the Secretary shall provide the District 
with an option to extend the agreement for three additional periods 
of 5 years each. 
(c) RESTRICTIONS ON USE.—The agreement authorized under 
subsection (a) shall require the District— 
(1) to suspend operations under the agreement in the event 
Navy contingency operations are conducted at the Center; and 
(2) to use the property covered by the agreement in a 
manner consistent with Navy operations conducted at the Cen-
ter. 
(d) CONSIDERATION.—(1) As consideration for the use of the 
property covered by the agreement under subsection (a), the District 
shall pay to the Navy an amount equal to the fair market rental 
value of the property, as determined by the Secretary taking into 
consideration the District's use of the property. 
(2) The Secretary may include a provision in the agreement 
requiring the District— 
108 STAT. 3068 
PUBLIC LAW 103-337—OCT. 5, 1994 
(A) to pay the Navy an amount (as determined by the 
Secretary) to cover the costs of replacing at the Center any 
facihties vacated by the Navy on account of the agreement 
or to construct suitable replacement facilities for the Navy; 
and 
(B) to pay the Navy an amount (as determined by the 
Secretary) for the costs of relocating Navy operations from 
the vacated facilities to the replacement facilities. 
Reports. 
(e) CONGRESSIONAL NOTIFICATION.—The Secretary may not 
enter into the agreement authorized by subsection (a) until the 
end of the 21-day period beginning on the date on which the 
Secretary submits to Congress a report containing an explanation 
of the terms of the proposed agreement and a description of the 
consideration that the Secretary expects to receive under the agree-
ment. 
(f) USE OF PAYMENT.—(1) In such amounts as is provided in 
advance in appropriation Acts, the Secretary may use amounts 
paid under subsection (d)(1) to pay for general supervision, adminis-
tration, and overhead expenses and for improvement, maintenance, 
repair, construction, or restoration to the port operations area (or 
to roads and railways serving the area) at the Center. 
(2) In such amounts as is provided in advance in appropriation 
Acts, the Secretary may use amounts paid under subsection (d)(2) 
to pay for constructing new facilities, or making modifications to 
existing facilities, that are necessary to replace facilities vacated 
by the Navy on account of the agreement under subsection (a) 
and for relocating operations of the Navy from the vacated facilities 
to replacement facilities. 
(g) CONSTRUCTION BY DISTRICT.—The Secretary may authorize 
the District to demolish existing facilities located on the property 
covered by the agreement under subsection (a) and, consistent 
with the restriction specified in subsection (c)(2), construct new 
facilities on the property for joint use by the District and the 
Navy. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the agreement authorized under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
16USC119note. 
SEC. 2844. TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT 
RADAR BOMB SCORING SITE, HOLBROOK, ARIZONA. 
(a) TRANSFER AUTHORIZED.—^As part of the closure of an Air 
Force Radar Bomb Scoring Site located near Holbrook, Arizona, 
the Secretary of the Air Force may transfer, without reimbursement, 
the administrative jurisdiction, accountability, and control of the 
housing units and associated support facilities used in connection 
with the site to the Secretary of the Interior for use in connection 
with Petrified Forest National Park. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be transferred under subsection 
(a) shall be determined by a survey satisfactory to the Secretary 
of the Air Force and the Secretary of the Interior. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Air Force may require such additional terms and conditions in 
connection with the transfer of real property under subsection (a) 
as the Secretary considers appropriate. 
SV2 NVz: 
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All that part north of New Mexico 
Highway 70 except for the EV2 
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160 acres 
20 acres 
40 acres 
320 acres 
160 acres 
192 acres 
more or 
less 
160 acres 
80 acres 
40 acres 
20 acres 
40 acres 
10 acres 
20 acres 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3069 
SEC. 2845. TRANSFER OF JURISDICTION, HOLLOMAN AIR FORCE BASE, 
NEW MEXICO. 
(a) IN GENERAL.—Subject to subsections (c) through (g), not 
later than 90 days after the date of enactment of this Act, the 
Secretary of the Interior shall transfer to the Department of the 
Air Force, without reimbursement, jurisdiction and control of 
approximately 1,262 acres of public lands described in subsection 
(b). Such public lands are located in Otero County, New Mexico, 
and are contiguous to HoUoman Air Force Base. 
(b) DESCRIPTION OF LANDS TRANSFERRED.—The lands described 
in this subsection are as follows: 
(1) T17S, R8E, Section 21: 
(2) T17S, R8E, Section 22: 
(3) T17S, R8E, Section 27: 
(4) T17S, R8E, Section 28: 
(5) T17S, R8E, Section 33: 
(c) USE OF TRANSFERRED LAND.—The lands transferred to the 
Department of the Air Force under subsection (a) shall be used 
by the Secretary of the Air Force for the construction of new 
evaporation ponds to support a wastewater treatment facility that 
the Secretary shall construct at Holloman Air Force Base. 
(d) CATTLE GRAZING RIGHTS.— 
(1) IN GENERAL.—The United States recognizes a grazing 
preference on the lands transferred to the Department of the 
Air Force under subsection (a). 
(2) ADJUSTMENT OF GRAZING ALLOTMENT.—(A) The Sec-
retary of the Air Force shall take such action as is necessary 
to ensure that— 
(i) the boundary of the grazing allotment that contains 
the lands transferred to the Department of the Air Force 
is adjusted in such manner as to retain the portion of 
the allotment located south of United States Highway 70 
in New Mexico and remove the portion of the lands that 
is located north of such highway; and 
(ii) the grazing preference referr(3d to in paragraph 
(1) is retained by means of transferring the preference 
for the area removed from the allotment under subpara-
graph (A) to public lands located south of such highway. 
(B) The Secretary of the Air Force shall offer to enter Contracts, 
into an agreement with each person who holds a permit for 
grazing on the lands transferred to the Department of the 
Air Force at the time of the transfer to provide for the continued 
grazing by livestock on the portion of the lands located south 
of such highway. 
(e) ADDITIONAL REQUIREMENTS.— 
(1) NATIONAL ENVIRONMENTAL POLICY ACT OF IQBQ.—The 
Secretary of the Air Force shall ensure that the transfer made 
pursuant to subsection (a) £ind the use specified in subsection 
108 STAT. 3070 
PUBLIC LAW 103-337—OCT. 5, 1994 
(c) meet any applicable requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) ENVIRONMENTAL LAWS.—The Secretary of the Air Force 
shall use and manage the lands transferred under the authority 
in subsection (a) in such manner as to ensure compliance with 
applicable environmental laws (including regulations) of the 
Federal Government and State of New Mexico, and political 
subdivisions thereof. 
(3) RESPONSIBILITY FOR CLEANUP OF HAZARDOUS SUB-
STANCES.—Upon the transfer of the lands under subsection 
(a), the Secretary of the Air Force shall assume any existing 
or subsequent responsibility for the cost of response for release 
of hazardous substances (as defined in section 101(14) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601(14))) located on or within 
the lands transferred. 
(4) MINING.—The transfer of lands luider subsection (a) 
shall be made in such manner as to ensure the continuation 
of valid, existing rights under the mining laws and the mineral 
leasing and geothermal leasing laws of the United States. Sub-
ject to the preceding sentence, upon the transfer of the lands, 
mining and mineral management activities shall be carried 
out in the lands in a manner consistent with the policies 
of the Department of Defense concerning mineral exploration 
and extraction on lands under the jurisdiction of the Depart-
ment. 
(f) RIGHTS-OF-WAY.—The transfer of lands under subsection 
(a) shall not affect the following rights-of-way: 
(1) The right-of-way granted to the Otero County Elec-
tric Cooperative, numbered NMNM 58293. 
(2) The right-of-way granted to U.S. West Corporation, 
numbered NMNM 59261. 
(3) The right-of-way granted to the Highway Depart-
ment of the State of New Mexico, numbered LCO 54403. 
(g) PUBLIC ACCESS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary of the Air Force shall permit public access to the 
lands transferred under subsection (a). 
(2) CONSTRUCTION SITE.—The Secretary of the Air Force 
may not permit public access to the immediate area affected 
by the construction of a wastewater treatment facility in the 
area with the legal description of T17S, R8E, Section 22, except 
that the Secretary of the Air Force shall permit public access 
on an adjoining unfenced parcel of land— 
(A) located along the west boundary of such area; and 
(B) that is 50 feet in width. 
(3) PUBLIC USES.—Except as provided in paragraph (2), 
the Secretary of the Air Force shall permit, on the lands trans-
ferred under subsection (a), public uses that are consistent 
with the public uses on adjacent lands under the jurisdiction 
of the Secretary of the Interior. 
(4) PERMIT NOT REQUIRED.—The Secretary of the Air Force 
may not require a permit for access authorized under this 
subsection to the lands transferred under subsection (a). 
(5) ENTRY GATE.—The Secretary of the Air Force shall 
ensure that the entry gate to the lands transferred under 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3071 
subsection (a) that is located along United States Highway 
70 shall be open to the public. 
SEC. 2846. TRANSFER OF JURISDICTION, FORT DEVENS, MASSACHU- 
16 USC 668dd 
SETTS. 
note. 
(a) TRANSFER AUTHORIZED.—The Secretary of the Army may 
transfer, without reimbursement, administrative jurisdiction of 
approximately 800 acres of land at Fort Devens, Massachusetts, 
to the Secretary of the Interior for inclusion in the Oxbow National 
Wildlife Refuge, Massachusetts. The exact acreage of the land sub-
ject to the transfer shall be jointly determined by the Secretary 
of the Army and the Secretary of the Interior, in consultation 
with the Joint Boards of Selectmen of the towns of Harvard, Ayer, 
Shirley, and Lancaster in the State of Massachusetts and the 
Massachusetts Land Bank. 
(b) ADMINISTRATION OF LAND.—The Secretary of the Interior 
shall administer the land transferred under this section in accord-
ance with all laws applicable to areas in the National Wildlife 
Refuge System. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be transferred under this section 
shall be determined by a survey satisfactory to the Secretary of 
the Army and the Secretary of the Interior. 
SEC. 
2847. 
RELEASE 
OF REQUIREMENTS 
AND 
REVERSIONARY 
INTEREST ON CERTAIN PROPERTY IN BALTIMORE, MARY-
LAND. 
(a) RELEASE AUTHORIZED.—The Secretary of Defense may 
release, without consideration, the requirements and the reversion-
ary interest of the United States that are described in section 
2 of the Act entitled "An Act granting a site for a dry-dock in 
the city of Baltimore upon certain conditions", approved June 19, 
1878 (Chapter 310; 20 Stat. 167). 
(b) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms or conditions in connection with the 
release required under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
(c) INSTRUMENT OF RELEASE.—The Secretary may execute and 
file in the appropriate office a deed of release, amended deed, 
or other appropriate instrument effectuating the release of the 
reversionary interest under this section. 
SEC. 2848. RELEASE OF REVERSIONARY INTEREST ON CERTAIN PROP-
ERTY IN YORK COUNTY AND JAMES CITY COUNTY, VIR-
GINIA, AND NEWPORT NEWS, VIRGINIA. 
(a) RELEASE AUTHORIZED.—The Secretary of the Navy may 
release, without consideration, the reversionary interest of the 
United States in the real property conveyed by the deed described 
in subsection (b). 
(b) DEED DESCRIPTION.—The deed referred to in subsection 
(a) is a deed between the United States and the Commonwealth 
of Virginia dated August 17, 1966, which conveyed to the Common-
wealth of Virginia certain parcels of land located in York County 
and James City County, Virginia, and the city of Newport News, 
Virginia. 
(c) ADDITIONAL TERMS.—The Secretary may require such terms 
or conditions in connection with the release under this section 
as the Secretary considers appropriate to protect the interests of 
108 STAT. 3072 
PUBLIC LAW 103-337—OCT. 5, 1994 
the United States and to ensure that the real property will continue 
to be used for public purposes. 
(d) INSTRUMENT OF RELEASE.—The Secretary may execute and 
file in the appropriate office or offices a deed of release, amended 
deed, or other appropriate instrument effectuating the release of 
the reversionary interest under this section. 
Subtitle E—Other Matters 
SEC. 2851. JOINT CONSTRUCTION CONTRACTING FOR COMMISSARIES 
AND 
NONAPPROPRIATED 
FUND 
INSTRUMENTALITY 
FACILITIES. 
(a) SINGLE CONTRACT CONSTRUCTION.—Section 2685 of title 
10, United States Code, is amended by adding at the end the 
following new subsection: 
"(d)(1) The Secretary of a military department may authorize 
a nonappropriated fund instrumentality of the United States to 
enter into a contract for construction of a shopping mall or similar 
facility for a commissary store and one or more nonappropriated 
fund instrumentality activities. The Secretary may use the proceeds 
of adjustments or surcharges authorized by subsection (a) to 
reimburse the nonappropriated fund instrumentality for the portion 
of the cost of the contract that is attributable to construction of 
the commissary store or to pay the contractor directly for that 
portion of such cost. 
"(2) In paragraph (1), the term 'construction', with respect 
to a facility, includes acquisition, conversion, expansion, installation, 
or other improvement of the facility.". 
(b) OBLIGATION OF ANTICIPATED PROCEEDS.—Subsection (c) of 
such section is amended by inserting "or (d)" after "subsection 
(b)" both places it appears. 
SEC. 2852. NATIONAL GUARD FACILITY CONTRACTS SUBJECT TO 
PERFORMANCE SUPERVISION BY ARMY OR NAVY. 
(a) CONTRACTS SUBJECT TO SUPERVISION.—Subsection (a) of 
section 2237 of title 10, United States Code, is amended by striking 
out "under £iny provision" and all that follows through "and (4)" 
and inserting in lieu thereof "under section 2233(a)(1)". 
(b) CONFORMING AMENDMENT.—Subsection (b) of such section 
is amended by striking out "section 2233(a)(2), (3), or (4)" and 
inserting in lieu thereof "paragraph (2), (3), (4), (5), or (6) of section 
2233(a)". 
SEC. 2853. REPEAL OF RESTRICTIONS ON LAND TRANSACTIONS RELAT-
ING TO PRESIDIO OF SAN FRANCISCO, CALIFORNIA. 
Section 2856 of the Military Construction Authorization Act 
for Fiscal Year 1994 (division B of Pubhc Law 103-160; 107 Stat. 
1908) is repealed. 
SEC. 2854. REPORT ON USE OF FUNDS FOR ENVIRONMENTAL RESTORA-
TION AT CORNHUSKER ARMY AMMUNITION PLANT, HALL 
COUNTY, NEBRASKA. 
\ 
(a) REPORT REQUIRED.—The Secretary of the Army shall submit 
, 
to Congress a report describing the manner in which funds available 
\ 
to the Army for operation and maintenance (including funds in 
the Defense Environmental Restoration Account established under 
section 2703(a)(1) of title 10, United States Code) will be used 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3073 
by the Secretary for environmental restoration and maintenance 
of the real property that comprises the Comhusker Army Ammuni-
tion Plant, Hall County, Nebraska. 
(b) CONTENTS.—The report shall include the following: 
, 
(1) The funding plan for environmental restoration at the 
i 
Comhusker Army Ammimition Plant. 
1 
(2) A legal opinion stating whether gmy portion of the 
funds to be used for such environmental restoration may be 
used for the repair of the roads at the Plant in order to 
bring such roads into compliance with applicable State and 
local public works codes. 
' 
(3) A survey of the roads at the Plant that identifies which 
roads, if any, are in need of repair in order to bring the 
roads at the Plant into compliance with such codes. 
(4) An estimate of the cost of the repair of the roads 
referred to in paragraph (3) in order to bring the roads into 
compliance. 
(5) AQ explanation of the purpose, cost, and source of 
funds for any proposed preservation of documents or other 
materials relating to the cultural, historical, and natural 
resources associated with the Plant. 
(c) SUBMISSION OF REPORT.—The Secretary shall submit the 
report required by this section not later than May 1, 1995. 
SEC. 2855. ENGINEERING, DESIGN, CONSTRUCTION, AND RELATED 
40 USC1003 
SERVICES FOR WOMEN IN MILITARY SERVICE FOR AMER- note. 
ICA MEMORIAL. 
The Secretary of the Army is authorized, upon request by 
the Women in Military Service for America Memorial Foundation, 
Inc., to provide engineering, design, construction management, and 
related services, directly or by contract, to the Women in Military 
Service for America Memorial Foundation, Inc., on a reimbursable 
basis, for the purpose of repair, restoration, and preservation of 
the main gate structures, center plaza, and hemicycle of the 
Arlington National Cemetery, Arlington, Virginia, and the construc-
tion of the Women in Military Service for America Memorial. 
SEC. 2856. SENSE OF THE SENATE ON AUTHORIZATION OF FUNDS FOR 
MILITARY CONSTRUCTION PROJECTS NOT REQUESTED 
IN THE PRESIDENT'S ANNUAL BUDGET REQUEST. 
(a) SENSE OF THE SENATE.—It is the sense of the Senate that, 
to the maximum extent practicable, the Senate should consider 
the authorization for appropriation of funds for a military construc-
tion project not included in the annual budget request of the Depart-
ment of Defense only if— 
(1) the project is consistent with past actions under the 
base closure laws; 
(2) the project is included in the military construction plan 
of the military department concerned incorporated in the 
Future Years Defense Program; 
(3) the project is necessary for reasons of the national 
security of the United States; and 
(4) a contract for construction of the project can be awarded 
in that fiscal year. 
(b) VIEWS OF THE SECRETARY OF DEFENSE.—In considering 
these criteria, the Senate should obtain the views of the Secretary 
of Defense. These views should include whether funds for a military 
construction project not included in the budget request can be 
108 STAT. 3074 
PUBLIC LAW 103-337—OCT. 5, 1994 
offset by funds for other programs, projects, or activities, including 
military construction projects, in the budget request and, if so, 
the specific offsetting reductions recommended by the Secretary 
of Defense. 
(c) BASE CLOSURE LAWS DEFINED.—For purposes of this section, 
the term "base closure laws" 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 title 10, United States Code. 
(4) Any other similar law enacted after the date of the 
enactment of this Act. 
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) RESEARCH AND DEVELOPMENT.—Subject to subsection (e), 
funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1995 for research and development in 
carrying out weapons activities necessary for national security pro-
grams in the amount of $1,321,937,000, to be allocated as follows: 
(1) For core research and development, $777,251,000, to 
be allocated as follows: 
(A) For operating expenses, $649,341,000. 
(B) For capital equipment, $59,420,000. 
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$68,490,000, to be allocated as follows: 
Project GPD-101, general plant projects, various 
locations, $4,500,000. 
Project 
95-D-102, 
Chemical 
and 
Metallurgy 
Research Building upgrades, Los Alamos National Lab-
oratory, New Mexico, $3,300,000. 
Project 
94^D-102, nuclear weapons 
research, 
development, and testing facilities revitalization. Phase 
V, various locations, $13,000,000. 
Project 
92-D-102, nuclear weapons 
research, 
development, and testing facilities revitalization. Phase 
IV, various locations, $21,810,000. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3075 
Project 
90-D-102, nuclear weapons 
research, 
development, and testing facilities revitalization. Phase 
III, various locations, $4,900,000. 
Project 
88-D-106, nuclear weapons 
research, 
development, and testing facilities revitalization. Phase 
II, various locations, $20,980,000. 
(2) For operating expenses for stockpile stewardship, 
$152,419,000. 
(3) For inertial fusion, $176,473,000, to be allocated as 
follows: 
(A) For operating expenses, $166,755,000. 
(B) For capital equipment. $9,718,000. 
(4) For technology transfer, $215,794,000, to be allocated 
as follows: 
(A) For operating expenses, $209,794,000. 
(B) For capital equipment, $6,000,000. 
(b) TESTING.—Subject to subsection (e), funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for testing in carrying out weapons activities nec-
essary 
for 
national 
security 
programs 
in 
the 
amount 
of 
$208,000,000, to be allocated as follows: 
(1) For weapons programs, $201,000,000, to be allocated 
as follows: 
(A) 
For 
testing 
capabilities 
and 
readiness, 
$165,000,000. 
(B) For capital equipment, $15,000,000. 
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$21,000,000, to be allocated as follows: 
Project GPD-101, general plant projects, various 
locations, $4,000,000. 
Project 93-D-102, Nevada support facility, North 
Las Vegas, Nevada, $17,000,000. 
(2) For Marshall Islands dose reconstruction, $7,000,000, 
to be allocated as follows: 
(A) For operating expenses, $6,530,000. 
(B) For capital equipment, $470,000. 
(c) STOCKPILE SUPPORT.—Subject to subsection (e), funds are 
hereljy authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for stockpile support in carrying out weapons 
activities necessary for national security programs in the amount 
of $1,698,556,000, to be allocated as follows: 
(1) 
For 
operating 
expenses 
for 
stockpile 
support, 
$1,476,785,000. 
(2) For operating expenses for reconfiguration, $94,271,000. 
(3) For capital equipment, $20,180,000. 
(4) 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), $107,320,000, to be allocated 
as follows: 
Project 88-D-122, facilities capability assurance pro-
gram, various locations, $14,820,000. 
Project GPD-121, general plant projects, various loca-
tions, $1,000,000. 
108 STAT. 3076 
PUBLIC LAW 103-337—OCT. 5, 1994 
Project 95-D-123, replacement transportation safe-
f
uards division aviation facility, Albuquerque, New Mexico, 
2,000,000. 
Project 95-D-122, sanitary sewer upgrade Y-12 Plant, 
Oak Ridge, Tennessee, $2,200,000. 
Project 94-D-124, hydrogen fluoride supply system, 
Y-12 Plant, Oak Ridge, Tennessee, $6,300,000. 
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 
anal5i;ical laboratory, Pantex Plant, Amarillo, Texas, 
$1,000,000. 
Project 93-D-122, life safety upgrades, Y-12 Plant, 
Oak Ridge, Tennessee, $5,000,000. 
Project 88-D-123, security enhancements, 
Pantex 
Plant, Amarillo, Texas, $15,000,000. 
Project 
93-D-123, complex-21, various 
locations, 
$58,000,000. 
(d) PROGRAM DIRECTION.—Subject to subsection (e), funds are 
hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for program direction in carrying out weapons 
activities necessary for national security programs in the amount 
of $159,852,000, to be allocated as follows: 
(1) For operating expenses for weapons program direction, 
$157,498,000. 
(2) For capital equipment, $2,354,000. 
(e) 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 (d) reduced 
by the sum o
f
— 
(1) $143,276,000, for use of prior year balances; and 
(2) $11,000,000, for savings resulting from procurement 
reform. 
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGE-
MENT. 
(a) CORRECTIVE ACTIVITIES.—Subject to subsection (h), funds 
are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1995 for corrective activities in carr5dng 
out environmental restoration and waste management activities 
necessary for national security programs in the amount of $512,000, 
all of which shall be available for the following plant project (includ-
ing maintenance, restoration, planning, construction, acquisition, 
modification of facilities, and land acquisition related thereto): 
Project 92-D-403, tank upgrades project, Lawrence Liver-
more National Laboratory, California. 
(b) ENVIRONMENTAL RESTORATION.—(1) Subject to paragraph 
(2), funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1995 for environmental restoration 
for operating expenses in carrying out environmental restoration 
and waste management activities necessary for national security 
programs in the amount of $1,518,549,000. 
(2) Subject to subsection (h), the amount authorized to be 
appropriated pursuant to this subsection is the amount authorized 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3077 
to be appropriated in paragraph (1) reduced by $133,900,000, as 
a result of the productivity savings initiative. 
(c) WASTE MANAGEMENT.—(1) Subject to paragraph (2), funds 
are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1995 for waste management in carrying 
out environmental restoration and waste management activities 
necessary for national security programs in the amount of 
$2,855,772,000, to be allocated as follows: 
(A) For operating expenses, $2,390,066,000. 
(B) For capital equipment, $90,790,000. 
(C) 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), $374,916,000, to be allocated 
as follows: 
Project GPD-171, general plant projects, various loca-
tions, $16,832,000. 
Project 95-E-600, hazardous materials training center, 
Richland, Washington, $7,000,000. 
Project 95-D-401, radiological support facilities, Rich-
land, Washington, $1,585,000. 
Project 95-D-402, install permanent electrical service, 
Waste Isolation Pilot Plant, New Mexico, $700,000. 
Project 95-D-403, hazardous waste storage facility. 
Mound Plant, Miamisburg, Ohio, $597,000. 
Project 95-D-405, industrial landfill V and construc-
tion demolition landfill VII, Y-12 Plant, Oak Ridge, Ten-
nessee, $1,000,000. 
Project 95-D-406, road 5-01 reconstruction, area 5, 
Nevada Test Site, Nevada, $2,338,000. 
Project 
95-D-407, 
219-S 
secondary 
containment 
upgrade, Richland, Washington, $2,000,000. 
Project 95-D-408, Phase II liquid effluent treatment 
and disposal, Richland, Washington, $7,100,000. 
Project 94-D-400, high explosive wastewater treat-
ment system, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $1,000,000. 
Project 94-D-402, liquid waste treatment system, 
Nevada Test Site, Nevada, $3,292,000. 
Project 94-D-404, Melton Valley storage tank capacity 
increase. Oak Ridge National Laboratory, Oak Ridge, Ten-
nessee, $21,373,000. 
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, Rich-
land, Washington, $17,700,000. 
Project 94-D-408, office facilities—200 East, Richland, 
Washington, $4,000,000. 
Project 94-D-411, solid waste operation complex, Rich-
land, Washington, $42,200,000. 
Project 94-D-416, solvent storage tanks installation, 
Savannah River, South Carolina, $1,700,000. 
Project 94-D-417, intermediate-level and low-activity 
waste vaults. Savannah River, South Carolina, $300,000. 
Project 93-D-174, plant drain waste water treatment 
upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000. 
108 STAT. 3078 
PUBLIC LAW 103-337—OCT. 5, 1994 
Project 93-D-178, building 374 liquid waste treatment 
facility, Rocky Flats, Golden, Colorado, $3,300,000. 
Project 93-D-181, radioactive liquid waste line replace-
ment, Richland, Washington, $3,300,000. 
Project 93-D-182, replacement of cross-site transfer 
system, Richland, Washington, $14,810,000. 
Project 93-D-183, multi-tank waste storage facility, 
Richland, Washington, $88,605,000. 
Project 93-D-187, high-level waste removal from filled 
waste tanks, Savannah River, South Carolina, $26,525,000. 
Project 92-D-177, tank 101-AZ waste retrieval system, 
Richland, Washington, $5,000,000. 
Project 92-D-188, waste management ES&H, and 
compliance activities, various locations, $2,846,000. 
Project 91-D-171, waste receiving and processing facil-
ity, module 1, Richland, Washington, $3,995,000. 
Project 90-D-172, aging waste transfer line, Richland, 
Washington, $3,819,000. 
Project 90-D-177, RWMC transuranic (TRU) waste 
characterization 
and 
storage facility, 
Idaho 
National 
Engineering Laboratory, Idaho, $1,747,000. 
Project 90-D-178, TSA retrieval containment building, 
Idaho National Engineering Laboratory, Idaho, $7,594,000. 
Project 89-D-173, tank farm ventilation upgrade, Rich-
land, Washington, $300,000. 
Project 89-D-174, replacement high-level waste evapo-
rator. Savannah River, South Carolina, $18,000,000. 
Project 86-D-103, decontamination and waste treat-
ment facility, Lawrence Livermore National Laboratory, 
California, $5,900,000. 
Project 83-D-148, nonradioactive hazardous waste 
management, Savannah River, South Carolina, $6,000,000. 
Project 81-T-105, defense waste processing facility. 
Savannah River, South Carolina, $45,058,000. 
(2) Subject to subsection (h), the total amount authorized to 
be appropriated pursuant to this subsection is the sum of the 
amounts authorized to be appropriated in paragraph (1) reduced 
by $160,800,000, as a result of the productivity savings initiative. 
(d) TECHNOLOGY DEVELOPMENT.—Subject to subsection (h), 
funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1995 for technology development in carry-
ing out environmental restoration and waste management activities 
necessary for national security programs in the amount of 
$405,759,000, to be allocated as follows: 
(1) For operating expenses, $380,974,000. 
(2) For capital equipment, $24,785,000. 
(e) TRANSPORTATION MANAGEMENT.—Subject to subsection (h), 
funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1995 for transportation management in 
carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount 
of $20,684,000, to be allocated as follows: 
(1) For operating expenses, $20,240,000. 
(2) For capital equipment, $444,000. 
(f) PROGRAM DIRECTION.—Subject to subsection (h), funds are 
herelby authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for program direction in carrying out environ-
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3079 
mental restoration and waste management activities necessary for 
national security programs in the amount of $84,948,000, to be 
allocated as follows: 
(1) For operating expenses, $83,748,000. 
(2) For capital equipment, $1,200,000. 
(g) FACILITY TRANSITION AND MANAGEMENT.—(1) Subject to 
paragraph (2), funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 1995 for facility transition 
and management in carrying out environmental restoration and 
waste management activities necessary for national security pro-
grams in the amount of $772,967,000, to be allocated as follows: 
(A) For operating expenses, $676,884,000. 
(B) For capital equipment, $18,947,000. 
(C) 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), $77,136,000, to be allocated 
as follows: 
Project GPD-171, general plant projects, various loca-
tions, $15,211,000. 
Project 95-D-454, 324 facility compliance/renovation, 
Richland, Washington, $1,500,000. 
Project 95-D-456, security facilities upgrade, Idaho 
Chemical Processing Plant, Idaho National Engineering 
Laboratory, Idaho, $986,000. 
Project 94-D-122, underground storage tanks, Rocky 
Flats, Golden, Colorado, $2,500,000. 
Project 94-D-401, emergency response facility, Idaho 
National Engineering Laboratory, Idaho, $5,219,000. 
Project 94-D-412, 300 area process sewer piping sys-
tem upgrade, Richland, Washington, $7,800,000. 
Project 94-D-415, medical facilities, Idaho National 
Engineering Laboratory, Idaho, $4,920,000. 
Project 94-D-451, infrastructure replacement, Rocky 
Flats Plant, Golden, Colorado, $10,600,000. 
Project 93-D-172, electrical upgrade, Idaho National 
Engineering Laboratory, Idaho, $7,800,000. 
Project 93-D-184, 325 facility compliance/renovation, 
Richland, Washington, $1,000,000. 
Project 93-D-186, 200 area unsecured core area fab-
rication shop, Richland, Washington, $4,000,000. 
Project 92-D-125, master safeguards and security 
agreement/materials 
surveillance 
task 
force 
security 
upgrades. Rocky Flats Plant, Golden, Colorado, $2,100,000. 
Project 92-D-181, INEL fire and life safety improve-
ments, Idaho National Engineering Laboratory, Idaho, 
$6,000,000. 
• ':»' 
Project 92-D-182, INEL sewer system upgrade, Idaho 
National Engineering Laboratory, Idaho, $1,900,000. 
Project 92-D-186, steam system rehabilitation. Phase 
II, Richland, Washington, $5,600,000. 
(2) Subject to subsection (h), the total amount authorized to 
be appropriated pursuant to this subsection is the sum of the 
amounts authorized to be appropriated in paragraph (1) reduced 
by $5,000,000, as a result of the productivity savings initiative, 
(h) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
108 STAT. 3080 
PUBLIC LAW 103-337—OCT. 5, 1994 
ized to be appropriated in subsections (a), (b)(2), (c)(2), (d), (e), 
(f), and (g)(2) reduced by the sum of— 
(1) $249,300,000, for use of prior year balances; and 
(2) $17,500,000, for savings resulting from procurement 
reform. 
SEC. 
3103. 
NUCLEAR 
MATERIALS 
SUPPORT 
AND 
OTHER 
DEFENSE 
PRO-
GRAMS. 
(a) MATERIALS SUPPORT.—Subject to subsection (d), funds are 
hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for materials support in canying out nuclear 
materials support necessary for national security programs in the 
amount of $902,255,000, to be allocated as follows: 
(1) For reactor operations, $163,634,000. 
(2) For processing of nuclear materials, $410,468,000. 
(3) For support services, $167,776,000. 
(4) For capital equipment, $39,427,000. 
(5) 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), $64,950,000, to be allocated 
as follows: 
Project GPD-146, general plant projects, various loca-
tions, $15,000,000. 
Project 95-D-155, upgrade site road infrastructure, 
Savannah River, South Carolina, $750,000. 
Project 95-D-156, radio trunking system. Savannah 
River, South Carolina, $2,100,000. 
Project 95-D-157, D-area powerhouse life extension. 
Savannah River, South Carolina, $4,000,000. 
Project 95-D-158, disassembly basin upgrades K, L, 
and P, Savannah River, South Carolina, $13,000,000. 
Project 93-D-147, domestic water system upgrade. 
Phases I and II, Savannah 
River, South 
Carolina, 
$11,300,000. 
Project 93-D-148, replace high-level drain lines. 
Savannah River, South Carolina, $2,700,000. 
Project 93-D-152, environmental modification 
for 
production facilities. Savannah River, South Carolina, 
$2,900,000. 
Project 
92-D-143, 
health 
protection 
instrument 
calibration facility. Savannah River, South 
Carolina, 
$3,000,000. 
Project 90-D-149, plantwide fire protection. Phases 
I and II, Savannah River, South Carolina, $5,000,000. 
Project 92-D-150, operations support facilities. Savan-
nah River, South Carolina, $2,000,000. 
Project 92-D-153, engineering support facility. Savan-
nah River, South Carolina, $3,200,000. 
(6) For program direction, $56,000,000. 
(b) OTHER DEFENSE PROGRAMS.—Subject to subsection (d), 
funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1995 for other defense programs in carrying 
out defense programs necessary for national security programs in 
the amoiuit of $669,657,000, to be allocated as follows: 
(1) For verification and control technology, $348,555,000, 
to be allocated as follows: 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3081 
(A) For operating expenses, $332,682,000. 
(B) For capital equipment, $15,873,000. 
(2) For nuclear safeguards and security, $85,816,000, to 
be allocated as follows: 
(A) For operating expenses, $82,421,000. 
(B) For capital equipment, $3,395,000. 
(3) For security investigations, $33,827,000. 
(4) For security evaluations, $14,780,000. 
(5) For the Office of Nuclear Safety, $21,679,000, to be 
allocated as follows: 
(A) For operating expenses, $21,629,000. 
(B) For capital equipment, $50,000. 
(6) For worker and commimity transition, $115,000,000. 
(7) For fissile material control and disposition, $50,000,000. 
(c) NAVAL REACTORS.—Subject to subsection (d), funds are 
hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for naval reactors in carrying out nuclear 
materials support and other defense programs necessary for 
national security programs in the amount of $725,651,000, to be 
allocated as follows: 
(1) For naval reactors development, $693,651,000, to be 
allocated as follows: 
(A) For operating expenses: 
(i) For plant development, $146,700,000. 
(ii) For reactor development, $348,951,000. 
(iii) 
For reactor 
operation 
and 
evaluation, 
$131,000,000. 
(iv) For program direction, $18,800,000. 
(B) For capital equipment, $28,200,000. 
(C) For plant projects (including maintensmce, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and land 
acquisition 
related 
thereto), 
$20,000,000, to be allocated as follows: 
Project GPN-101, general plant projects, various 
locations, $6,200,000. 
Project 95-D-200, laboratory systems and hot cell 
upgrades, various locations, $2,400,000. 
Project 95-D-201, advanced test reactor radio-
active 
waste 
system 
upgrades, 
Idaho 
National 
Engineering Laboratory, Idaho, $700,000. 
^ 
Project 93-D-200, engineering services facilities. 
Knolls Atomic Power Laboratory, Niskayuna, New 
York, $7,900,000. 
Project 92-D-200, laboratories facilities upgrades, 
various locations, $2,800,000. 
(2) For operating expenses for enrichment materials, 
$32,000,000. 
(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), (b), £ind (c) reduced by the 
sum of— 
(1) $40,000,000, for recovery of overpayment to the Savan-
nah River Pension Fund; 
(2) $6,500,000, for savings resulting from procurement 
reform; and 
108 STAT. 3082 
PUBLIC LAW 103-337—OCT. 5, 1994 
Reports. 
(3) $401,406,000, for use of prior year balances for materials 
support and other defense programs. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1995 for payment to the Nuclear 
Waste Fund established in section 302(c) of the Nuclear Waste 
PoHcy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$129,430,000. 
Subtitle B—^Recurring General Provisions 
SEC. 3121. REPROGRAMMING. 
(a) IN GENERAL.—Until the Secretary of Energy submits to 
the congressional defense committees the report referred to in sub-
section (b) and 30 days has elapsed after the date on which such 
committees receive the report, the Secretary may not use amounts 
appropriated pursuant to this title for any program— 
(1) in amounts that exceed, in a fiscal year— 
(A) 110 percent of the amount authorized for that 
program by this title; or 
(B) $1,000,000 more than the amount authorized for 
that program by this title; or 
(2) which has not been presented to, or requested of. Con-
gress. 
(b) REPORT.—(1) The report referred to in subsection (a) is 
a report containing a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied upon 
in support of such proposed action. 
(2) In the computation of the 30-day period under subsection 
(a), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 days to a day certain. 
(c) LIMITATIONS.—(1) In no event may the total amount of 
funds obligated pursuant to this title exceed the total amount 
authorized to be appropriated by this title. 
(2) Funds appropriated pursuant to this title may not be used 
for an item for which Congress has specifically denied mnds. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS. 
(a) IN GENERAL.—^The Secretary of Energy may carry out any 
construction project under the general plant projects authorized 
by this title if the total estimated cost of the construction project 
does not exceed $2,000,000. 
(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 Secretary 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 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3083 
the construction project, which is authorized by section 3101, 3102, 
or 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 amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to 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 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. TRANSFER AUTHORITY. 
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary 
of Energy may transfer funds authorized to be appropriated to 
the Department of Energy pursuant to this title to other Federal 
agencies for the performance of work for which the funds were 
authorized. Funds so transferred may be merged with and be avail-
able for the same purposes and for the same time period as the 
authorizations of the Federal agency to which the amounts are 
transferred. 
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY; LIMITATIONS.— 
(1) Subject to paragraph (2), the Secretary of Energy may transfer 
funds authorized to be appropriated to the Department of Energy 
pursuant to this title between any such authorizations. Amounts 
of authorizations so transferred may be merged with and be avail-
able for the same purposes and for the same time period as the 
authorization to which the amounts are transferred. 
(2) Not more than five percent of any such authorization may 
be transferred between authorizations under paragraph (1). No 
such authorization may be increased or decreased by more than 
five percent by a transfer under such paragraph. 
(3) The authority provided by this section to 
transfer 
authorizations— 
(A) may only be used to provide funds for items that 
have a higher priority than the items from which the funds 
are transferred; and 
(B) may not be used to provide authority for an item 
that has been denied funds by Congress. 
(c) NOTICE TO CONGRESS.—The Secretary of Energy shall 
promptly notify the Committees on Armed Services of the Senate 
and House of Representatives of any transfer of funds to or from 
authorizations under this title. 
SEC. 3125. CONSTRUCTION DESIGN AND CONCEPTUAL DESIGN FOR 
CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—(1) Within the amounts authorized by this 
title, the Secretary of Energy may carry out advance planning 
79-194 O—95—15 : QL 3 Part 4 
108 STAT. 3084 
PUBLIC LAW 103-337—OCT. 5, 1994 
and construction design (including architectural and engineering 
services) in connection with any proposed construction project if 
the total estimated cost for such planning and design does not 
exceed $3,000,000. 
(2) In the case of any project in which the total estimated 
cost for advance planning and construction design exceeds $600,000, 
the Secretary shall notify the congressional defense committees 
in writing of the details of such project at least 30 days before 
any funds are obligated for advance planning and construction 
design 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 proposed construction project exceeds 
$3,000,000, funds for such planning and design must be specifically 
authorized by law. 
(c) REQUIREMENT OF CONCEPTUAL DESIGN.—(1) Subject to para-
graph (2) and except as provided in paragraph (3), before submitting 
to Congress a request for funds for a construction project that 
is in support of a national security program of the Department 
of Energy, the Secretary of Energy shall complete a conceptual 
design for that project. 
(2) In any case in which the total estimated cost of completing 
a conceptual design for a construction project exceeds $3,000,000, 
the Secretary shall submit to Congress a request for funds for 
the conceptual design before the Secretary submits a request for 
fiinds for the construction project. 
(3) The requirement in paragraph (1) does not apply to a 
request for funds— 
(A) for a construction project the total estimated cost of 
which is less than $2,000,000; or 
(B) for emergency planning, design, and construction activi-
ties under section 3126. 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—The Secretary of Energy may use siny funds 
available to the Department of Energy under sections 3101, 3102, 
and 3103, including those funds authorized to be appropriated 
for advance planning and construction design, to perform planning, 
design, and construction activities for any Department of Energy 
national security program 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 
under 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 maMng such activities 
necessary. 
(c) SPECIFIC AUTHORITY.—The requirements of subsections (b) 
and (c) of section 3125 do not apply to emergency planning, design, 
and construction activities conducted under 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 that are made 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3085 
available 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. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING 
PROGRAM. 
(a) CONDUCT OF PROGRAM.—(1) As part of the stockpile steward-
ship program established pursuant to section 3138 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1946; 42 U.S.C. 2121 note), the Secretary of Energy 
shall conduct a stockpile stewardship recruitment and training 
program at the Sandia National Laboratories, the Lawrence Liver-
more National Laboratory, and the Los Alamos National Labora-
tory. 
(2) The recruitment and training program shall be conducted 
in coordination with the Chairman of the Joint Nuclear Weapons 
Council established by section 179 of title 10, United States Code, 
and the directors of the laboratories referred to in paragraph (1). 
(b) SUPPORT OF DUAL-USE PROGRAMS.—(1) As part of the 
recruitment and training program, the directors of the laboratories 
referred to in subsection (a)(1) may employ undergraduate students, 
graduate students, and postdoctoral fellows to carry out research 
sponsored by such laboratories for military or nonmilitary dual-
use programs related to nuclear weapons stockpile stewardship. 
(2) Of the amounts authorized to be appropriated to the Sec-
retary of Energy in section 3101(a)(1) for weapons activities for 
core research and development and allocated by the Secretary for 
education initiatives, $5,000,000 shall be available for employing 
students and fellows to carry out research referred to in paragraph 
(1). The amount available under this paragraph shall be allocated 
equally among the laboratories referred to in subsection (a)(1). 
(c) ESTABLISHMENT OF RETIREE CORPS.—AS part of the training 
and recruitment program, the Secretary, in coordination with the 
directors of the laboratories referred to in subsection (a)(1), shall 
establish for the laboratories a retiree corps of retired scientists 
who have expertise in research and development of nuclear weap-
ons. The directors may employ the retired scientists on a part-
time basis to provide appropriate assistance on nuclear weapons 
issues, to contribute relevant information to be archived, and to 
help to provide training to other scientists. 
(d) REPORT.—(1) 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 demographic trends 
of the personnel of the laboratories referred to in subsection (a)(1) 
and on actions taken by the Department of Energy to remedy 
identified deficiencies in various skill areas. 
(2) The report shall be prepared in coordination with the Chair-
man of the Joint Nuclear Weapons Council and the directors of 
108 STAT. 3086 
PUBLIC LAW 103-337—OCT. 5, 1994 
the laboratories. Information included in the report shall be aggre-
gated and compiled into statistical categories. 
(3) The report shall include the following: 
(A) An inventory of the weapons-related tasks that the 
laboratories need to perform to support their nuclear weapons 
responsibilities. 
(B) An inventory of the skills necessary to complete the 
weapons-related tasks referred to in subparagraph (A). 
(C) For each laboratory, the number oi scientists needed 
in each skill area to perform such tasks. 
(D) The number of the scientists providing services in each 
skill area at each laboratory, stated by age. 
(E) An assessment of which skill areas are understaffed. 
(F) The number of scientists entering the weapons program 
at each laboratory, and their skill areas. 
(G) The number of full-time equivalent personnel with 
weapon skills, their distribution by skill and, for each such 
skill, their distribution by age. 
(H) The number of scientists retiring from the weapons 
program in the five-year period ending on the date of the 
report and the skill areas in which they worked in the year 
preceding their retirement. 
(I) Based on the information contained in subparagraphs 
(A) through (H), a projection of the skills areas that will become 
understaffed in the five years following the date of the report. 
(J) A statement of alternative actions that may be taken 
to retain and recruit scientists for the weapons programs at 
the laboratories in order to preserve a sufficient skill base 
and to fulfill stockpile stewardship responsibilities. 
(K) Any plans of the Secretary to take any of the alternative 
actions referred to in subparagraph (J). 
SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM. 
Of the funds authorized to be appropriated by this title to 
the Department of Energy for fiscal year 1995, $176,473,000 shall 
be available for the defense inertial confinement fusion program. 
SEC. 3133. PAYMENT OF PENALTIES. 
The Secretary of Energy may pay to the Hazardous Substsmce 
Superfund established under section 9507 of the Internal Revenue 
Code of 1986 (26 U.S.C. 9507), from funds appropriated to the 
Department of Energy for environmental restoration and waste 
management activities pursuant to section 3102, stipulated civil 
penalties 
assessed 
under 
the 
Comprehensive 
Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) in amounts as follows: 
(1) $50,000, assessed against the Femald Environmental 
Management Project, Ohio, under such Act. 
(2) $50,000, assessed against the Portsmouth Gaseous 
Diffusion Plant, Ohio, under such Act. 
SEC. 
3134. 
WATER 
MANAGEMENT 
PROGRAMS. 
From funds authorized to be appropriated pursuant to section 
3102 to the Department of Energy for environmental restoration 
and waste management activities, the Secretary of Energy may 
reimburse the cities of Westminster, Broomfield, Thornton, and 
Northglenn, in the State of Colorado, $11,415,000 for the cost of 
implementing water management programs. Reimbursements for 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3087 
the water management programs shall 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. 3135. PROTECTION OF WORKERS AT NUCLEAR WEAPONS FACDLI-
TEES. 
Of the funds authorized to be appropriated by section 3102 
for environmental restoration and waste management activities, 
$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; 105 Stat. 1571; 
42 U.S.C. 7274d), relating to worker protection at nuclear weapons 
facilities. 
SEC. 3136. LIMITATION ON USE OF PROGRAM DIRECTION FUNDS. 
The Secretary of Energy may not obligate more than 80 percent 
of the funds appropriated pursuant to this title for fiscal year 
1995 for operating expenses for program direction in carr3dng out 
environmental restoration and waste management activities nec-
essary for national security programs until the Secretary submits 
to Congress the reports required to be submitted in 1995 under 
subsections (a) ana (d) of section 3153 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1950; 42 U.S.C. 7274k). 
SEC. 3137. NATIONAL SECURITY PROGRAMS. 
Notwithstanding any other provision of law, not more than 
80 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 1996 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. 3138. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED 
TO RADIATION RELEASED FROM HANFORD NUCLEAR 
RESERVATION. 
(a) FUNDING.—(1) Of the funds authorized to be appropriated 
to the Department of Energy under section 3101 for fiscal year 
1995, $2,500,000 shall be available for activities relating to the 
Hanford Health Information Network established pursuant to the 
authority provided in section 3138 of the National Defense 
Authorization Act for Fiscal Year 1991 (PubHc Law 101-510; 104 
Stat. 1834). 
(2) The Secretary of Energy may not obligate more than 50 
percent of the amount made available under paragraph (1) for 
activities relating to the Hanford Health Information Network until 
the States of Washington, Oregon, and Idaho establish the uniform 
procedures required by section 3138(d)(3)(D) of such Act, as added 
by subsection (b). 
(b) PROHIBITION ON DISCLOSURE OF EXPOSURE INFORMATION.— 
Section 3138 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1834) is amended by 
adding at the end the following new subsection: 
"(d) PROHIBITION ON DISCLOSURE OF EXPOSURE INFORMATION.— 
(1) Except as provided in paragraph (2), a person may not disclose 
to the public the following: 
108 STAT. 3088 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(A) Any information obtained through a program that 
identifies a person who may have been exposed to radiation 
released from the Hanford Nuclear Reservation. 
"(B) Any information obtained through a program that 
identifies a person participating in any of the programs devel-
oped under this section. 
"(C) The name, address, and telephone number of a person 
requesting information referred to in subsection (b)(1). 
"(D) The name, address, and telephone number of a person 
who has been referred to a health care professional under 
subsection (b)(2). 
"(E) The name, address, and telephone number of a person 
who has been registered and monitored pursuant to subsection 
(b)(3). 
"(F) Information that identifies the person from whom 
information referred to in this paragraph was obtained under 
a program or any other third party involved with, or identified 
by, any such information so obtained. 
"(G) Any other personal or medical information that identi-
fies a person or party referred to in subparagraphs (A) through 
(F). 
"(H) Such other information or categories of information 
as the chief officers of the health departments of the States 
of Washington, Oregon, and Idaho jointly designate as informa-
tion covered by this subsection. 
"(2) Information referred to in paragraph (1) may be disclosed 
to the public if the person identified by the information, or the 
legal representative of that person, has consented in writing to 
the disclosure. 
Washington. 
"(3) The States of Washington, Oregon, and Idaho shall estab-
9l^^°^' 
1^^^ uniform procedures for carrying out this subsection, including 
procedures governing the following: 
"(A) The disclosure of information under paragraph (2). 
"(B) The use of the Hanford Health Information Network 
database. 
"(C) The future disposition of the database. 
"(D) Enforcement of the prohibition provided in paragraph 
(1) on the disclosure of information described in that para-
graph.". 
SEC. 3139. LIMITATION ON STUDY OR RELOCATION OF TRITIUM-
RELATED ACTIVITIES AND OPERATIONS. 
None of the funds appropriated or otherwise made available 
to the Department of Energy for fiscal year 1995 pursuant to 
this title may be used to study or relocate tritium-related activities 
and operations from the Mound Plant, Ohio, to a facility other 
than a Department of Energy weapons production facility that 
has demonstrated tritium production and handling capabilities, as 
determined by independent consultants pursuant to a review of 
the June 1993 report of the Department entitled "Nonnuclear 
Reconfiguration Cost Effectiveness Report". 
SEC. 3140. HAZARDOUS MATERIALS MANAGEMENT AND HAZARDOUS 
MATERIALS EMERGENCY RESPONSE TRAINING PRO-
GRAM. 
(a) USE OF FUNDS.—Of the funds authorized to be appropriated 
to the Department of Energy for fiscal year 1995 under section 
3102(c), not more than $6,000,000 shall be available for operating 
Idaho. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3089 
expenses to carry out a hazardous materials management and 
hazardous materials emergency response training program at Han-
ford Nuclear Reservation, Richland, Washington. 
(b) REQUIREMENT OF CONCEPTUAL DESIGN.—None of the funds 
authorized to be appropriated under section 3102(c) for project 
95-E-600 may be obligated or expended until the Secretary of 
Energy completes a conceptual design for the project. 
SEC. 3141. INTERNATIONAL CENTER FOR APPLIED RESEARCH. 
(a) ESTABLISHMENT.—(1) The Secretary of Energy shall estab-
lish an International Center for Applied Research at the Savannah 
River Site, South Carolina. The purpose of the Center is to promote 
the following activities: 
(A) The application in the United States of hydrogen tech-
nology research derived from tritium production. 
(B) The development of beneficial uses of nuclear materials. 
(C) The research and development of innovative methods 
for the treatment and disposal of nuclear waste. 
(D) The development of specifications for the decommission-
ing of nuclear facilities and the disposition of nuclear materials. 
(E) The research and development of any technologies that 
the Secretary considers appropriate and that are likely to be 
commercialized. 
(2) The Secretary shall enter into an arrangement to provide Contracts, 
for the location of the Center at a suitable facility at, or adjacent 
to, the Savannah River Site. 
(3) The Secretary shall, using competitive procedures, select 
a nonprofit entity or a group of nonprofit entities to operate the 
Center. The Center shall promote activities under paragraph (1) 
in a manner that accomplishes regional development tlu-ough 
applied science and technology. 
(b) AVAILABILITY OF FUNDS.—Of amounts authorized to be 
appropriated in section 3101(c), $12,000,000 shall be available to 
establish the Center referred to in subsection (a). 
Subtitle D—Other Matters 
SEC. 
3151. 
ACCOUNTING 
PROCEDURES 
FOR 
DEPARTMENT 
OF 
ENERGY 
FUNDS. 
(a) IN GENERAL.—The Secretary of Energy shall prescribe proce-
dures to account for the use of funds for the performance of the 
programs and activities of the Department of Energy for which 
funds are appropriated pursuant to this title for national security 
programs of the Department of Energy. The procedures shall pro-
vide for such accounting for fiscal years beginning after fiscal year 
1996. 
(b) COVERED MATTERS.—The Secretary shall prescribe proce-
dures under subsection (a)— 
(1) to accoimt for the funds appropriated to the Department 
pursuant to this title for national security programs and activi-
ties of the Department that are not used for the purpose for 
which such funds were appropriated; and 
(2) to provide an accounting for all encumbered funds, 
unencumbered funds, unobligated funds, costed funds, and 
uncosted obligations of the national security programs of the 
Department in that fiscal year. 
108 STAT. 3090 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIYITIES. 
(a) APPROVAL BY JOINT NUCLEAR WEAPONS COUNCIL.—Sub-
section (d) of section 179 of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (8) and (9) as paragraphs 
(9) and (10), respectively; and 
(2) by inserting after paragraph (7) the following new para-
graph (8): 
"(8) Coordinating £ind approving activities conducted by 
the Department of Energy for the study, development, produc-
tion, and retirement of nuclear warheads, including concept 
definition studies, feasibility studies, engineering development, 
hardware component fabrication, warhead production, and war-
head retirement.". 
(b) REPORT.—Such section is further amended by adding at 
the end the following new subsection: 
"(e) Each fiscal year, at the same time the President submits 
the budget pursuant to section 1105 of title 31, the Chairman 
of the Council, through the Secretary of Energy, shall submit to 
the Committees on Armed Services and Appropriations of the Sen-
ate and House of Representatives a report, in classified form, on 
the following: 
"(1) The effectiveness and efficiency of the Council, and 
of the deliberative and decisionmaking processes used by the 
Council, in carrying out the responsibilities described in sub-
section (d). 
"(2) A description of all activities conducted by the Depart-
ment of Energy during that fiscal year, or planned to be con-
ducted by the Department of Energy during the next fiscal 
year, for the study, development, production, and retirement 
of nuclear warheads and that have been approved by the Coun-
cil, including a description o
f
— 
"(A) the concept definition activities and feasibility 
studies conducted or planned to be conducted by the 
Department of Energy; 
"(B) the schedule for completion of each such activity 
or study; and 
"(C) the degree to which each such activity or study 
is consistent with United States policy for new nuclear 
warhead development or warhead modification and with 
established or projected military requirements.". 
(c) TECHNICAL AMENDMENT.—Subsections (a)(3) and (b) of such 
section are amended by striking out "appointed" each place it 
appears and inserting in lieu thereof "designated". 
SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN ACTIVI-
TIES AT THE NEVADA TEST SITE, NEVADA. 
Reports. 
Not later than April 1, 1995, the Secretary of Energy shall 
submit to Congress a report on the feasibility of conducting the 
following activities at the Nevada Test Site, Nevada: 
(1) The demilitarization of large rocket motors, high ener-
getic explosives, and conventional ordnance. 
(2) Disarmament and demilitarization of conventional 
weapons and components. 
(3) Experiments that assist in monitoring compliance with 
international agreements on the nonproliferation of nuclear 
weapons. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3091 
(4) Programs for the Department of Energy and the Depart-
ment of Defense to develop simulator technologies for nuclear 
weapons design and effects, including advanced hydrodynamic 
simulators, fusion test facilities, and nuclear weapons effects 
simulators. 
(5) The stockpile stewardship program established pursu-
ant to section 3138 of the National Defense Authorization Act 
for Fiscal Year 1994 (Pubhc Law 103-160; 107 Stat. 1946; 
42 U.S.C. 2121 note). 
(6) Experiments related to the nonproliferation of nuclear 
weapons, including experiments with respect to disablement 
of such weapons, nuclear forensics, sensors, and verification 
and monitoring. 
SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR 42 USC 2121 
WEAPONS PRODUCTION CYCLE. 
note. 
(a) REPORT.—Not later than March 31, 1996, the Secretary 
of Energy shall submit to Congress a report that contains a descrip-
tion of all waste streams generated before 1992 during each step 
of the complete cycle of production and disposition of nuclear 
weapon components by the Department of Energy. The description 
for each such step shall be based on a unit of analysis that is 
appropriate for that step. The report shall include an estimate 
' =
•
* 
of the volume of waste generated per unit of analysis and an 
analysis of the characteristics of each waste stream. 
(b) DEFINITIONS.—In this section: 
(1) The term "waste stream" means waste materials the 
storage, treatment, or disposition of which is regulated under 
Federal law, except that such term does not include usable 
source materials, usable byproduct materials, and usable spe-
cial nuclear materials. 
(2) The terms "byproduct material", "source material", and 
"special nuclear material" have the meaning given such terms 
in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 
2014). 
SEC. 3155. COMMUNICATION OF RESTRICTED DATA AND FORMERLY 
* 
RESTRICTED DATA. 
(a) COMMUNICATION OF DATA.—Section 144 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2164) is amended— 
(1) by redesignating subsection d. as subsection e.; and 
(2) by inserting after subsection c. the following new sub-
section d.: 
"d. (1) In addition to the cooperation authorized in subsections 
a., b., and c, the President may, upon making a determination 
described in paragraph (2), authorize the Department of Energy, 
with the assistance of the Department of Defense, to cooperate 
with another nation to communicate to that nation such Restricted 
Data, and the President may, upon making such determination, 
authorize the Department of Defense, with the assistance of the 
Department of Energy, to cooperate with another nation to commu-
nicate to that nation such data removed from the Restricted Data 
category under section 142, as is necessary for— 
"(A) the support of a program for the control of and account-
ing for fissile material and other weapons material; 
"(B) the support of the control of and accounting for atomic 
weapons; 
"(C) the verification of a treaty; and 
108 STAT. 3092 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(D) the establishment of international standards for the 
classification of data on atomic weapons, data on fissile mate-
rial, and related data. 
"(2) A determination referred to in paragraph (1) is a determina-
tion that the proposed cooperation and proposed commimication 
referred to in that paragraph— 
"(A) will promote the common defense and security 
interests of the United States and the nation concerned; and 
"(B) will not constitute an unreasonable risk to such com-
mon defense and security interests. 
"(3) Cooperation imder this subsection shall be undertaken 
pursuant to an agreement for cooperation entered into in accordance 
with section 123.". 
(b) APPLICABILITY OF NOTICE AND WAIT PROVISIONS.—Section 
123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)), 
as amended by subsection (c), shall not apply to a proposed agree-
ment for cooperation under section 144 d. of such Act, as inserted 
by subsection (a), until December 31,1995. 
(c) CONFORMING AMENDMENTS.—The Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.) is amended as follows: 
42 use 2153. 
(1) Section 123 is amended— 
(A) by striking out "or 144 c." each place it appears 
and inserting in lieu thereof "144 c, or 144 d."; 
(B) in subsection a., by striking out "or 144 b." and 
inserting in lieu thereof "144 b., or 144 d."; and 
(C) in subsection b., by inserting "(except an agreement 
arranged pursuant to section 91 c, 144 b., 144 c, or 144 
d.)" after "the President has submitted text of the proposed 
agreement for cooperation". 
42 use 2162. 
(2) Section 142 d. is amended by striking out "subsection 
144 b." and inserting in lieu thereof "subsection b. or d. of 
section 144.". 
Repeal. 
(3) Section 142 f. is repealed. 
42 use 2164. 
(4) Section 144 e., as redesignated by subsection (a)(1), 
is £imended by striking out "or c." and inserting in lieu thereof 
"c.,ord.". 
SEC. 3156. SCHOLARSHIP AND FELLOWSHD* PROGRAM FOR ENVmON-
MENTAL RESTORATION AND WASTE MANAGEMENT. 
(a) USE OF FUNDS.—Of the fimds authorized to be appropriated 
to the Department of Energy in section 3102 for fiscal year 1995 
for environmental restoration and waste management, $1,000,000 
shall be available for the scholarship 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 (Pubhc Law 102-190; 105 Stat. 1572; 42 
U.S.C. 7274e). 
(b) DESIGNATION AS MARILYN LLOYD SCHOLARSHIP AND FELLOW-
SHIP PROGRAM.—(1) Section 3132(a) of such Act (42 U.S.C. 7274e(a)) 
is amended by adding at the end the following: "The scholarship 
and fellowship program shall be known as the 'Marilyn Lloyd Schol-
arship and Fellowship Program'.". 
Effective date. 
(2) The amendment made by paragraph (1) shall take effect 
42 use 7274e 
on January 3, 1995. 
note. 
"
^ 
PUBLIC LAW 103--337—OCT. 5, 1994 
108 STAT. 3093 
SEC. 3157. REPORT ON ECONOMIC REDEVELOPMENT AND CONVER-
SION ACTIVITIES RESULTING FROM RECONFIGURATION 
OF DEPARTMENT OF ENERGY NUCLEAR WEAPONS COM-
PLEX. 
(a) IN GENERAL.—Not later than May 1, 1995, the Secretary 
of Energy shall submit to Congress information on economic redevel-
opment and conversion activities that, in the determination of the 
Secretary, may result from the reconfiguration of the Department 
of Energy nuclear weapons complex. The Secretary may submit 
the information in a report or submit the programmatic environ-
mental impact statement referred to in section 3145(c) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1949) and include the information in that 
statement. 
(b) CONTENTS.—The information referred to in subsection (a) 
shall include the following: 
(1) An analysis of the existing condition and capabilities 
of the facilities of the nuclear weapons complex. 
(2) A description of the technologies and processes at such 
facilities that have the potential to be developed in collaboration 
with private industry. State, local, or tribal governments, 
institutions of higher education, or non-profit organizations. 
(3) An estimate of the costs associated with economic 
redevelopment and conversion activities as a result of the 
reconfiguration of the nuclear weapons complex. 
(4) A description of how the Secretary will coordinate with 
local interests regarding such activities. 
SEC. 3158. OFFICE OF FISSILE MATERIALS DISPOSITION. 
(a) ESTABLISHMENT.—Title II of the Department of Energy 
Organization Act (42 U.S.C. 7131 et seq.) is amended by adding 
at the end the following: 
"OFFICE OF FISSILE MATERIALS DISPOSITION 
"SEC. 212. (a) There shall be within the Department an Office 
42 USC 7143. 
of Fissile Materials Disposition. 
"(b) The Secretary shall designate the head of the Office. The 
head of the Office shall report to the Under Secretary. 
"(c) The head of the Office shall be responsible for all activities 
of the Department relating to the management, storage, and disposi-
tion of fissile materials from weapons and weapons systems that 
are excess to the national security needs of the United States.". 
(b) CONFORMING AMENDMENT.—The table of contents in the 
first section of such Act is amended by inserting after the item 
relating to section 210 the following new items: 
"Sec. 211. Office of Minority Economic Impact. 
"Sec. 212. Office of Fissile Materials Disposition.". 
SEC. 3159. EXTENSION OF AUTHORITY TO LOAN PERSONNEL AND 
FAdLITIES AT IDAHO NATIONAL ENGINEERING LABORA-
TORY. 
Section 1434 of the National Defense Authorization Act, Fiscal 
Year 1989 (PuWic Law 100-456; 102 Stat. 2074), as amended by 
section 3136 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2641), is further 
amended— 
108 STAT. 3094 
PUBLIC LAW 103-337—OCT. 5, 1994 
(1) in the third sentence of subsection (a)(3), by striking 
out "fiscal years 1993 Eind 1994" and inserting in Ueu thereof 
"fiscal years 1993, 1994,1995,1996, and 1997"; and 
(2) in subsection (c), by striking out "September 30, 1994, 
with respect to the Idaho National Engineering Laboratory' 
and inserting in lieu thereof "September 30, 1997, with respect 
to the Idaho National Engineering Laboratory". 
SEC. 3160. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR PLAN FOR 
DEFENSE NUCLEAR FACIUTIES. 
(a) ELIMINATION OF REQUIREMENT.—Section 3135(a) of 
the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 
(PubHc Law 102-190; 105 Stat. 1575; 42 U.S.C. 7274g(a)) is 
amended— 
(1) in paragraph (1)— 
(A) by striking out "(A) defense nuclear facilities and 
(B) all other facilities owned or operated by the Department 
of Energ3^' in the first sentence and inserting in lieu thereof 
"all facilities owned or operated by the Department of 
Energy except defense nuclear facilities"; and 
(B) by inserting "such" in the third sentence after 
"restoration at all"; 
(2) in paragraph (4), by striking out "The plan shall contain 
the following matters:" and inserting in lieu thereof "The plan 
shall include, with respect to the Department of Energy facili-
ties required by paragraph (1) to be covered by the plan, the 
following matters:"; 
(3) by striking out paragraph (6); and 
(4) by redesignating paragraph (7) as paragraph (6). 
(b) ANNUAL WASTE MANAGEMENT REPORTS.—Section 3153(b)(1) 
of the National Defense Authorization Act for Fiscal Year 1994 
(Public Law 103-160; 107 Stat. 1950; 42 U.S.C. 7274k(b)(l)) is 
amended— 
(1) by inserting "including pollution prevention and" after 
"waste management,"; and 
(2) by striking out "and technology research and develop-
ment related to such activities and projects". 
(c) CONTENTS OF ENVIRONMENTAL RESTORATION AND WASTE 
MANAGEMENT REPORTS.—Section 3153(c) of such Act (42 U.S.C. 
7274k(c)) is amended— 
(1) by striking out "and" at the end of paragraph (1); 
(2) by striking out "and" at the end of paragraph (2)(D); 
(3) by striking out the period at the end of paragraph 
(2)(E) and inserting in lieu thereof "; and"; 
(4) by adding at the end of paragraph (2) the following 
new subparagraph: 
"(F) a description of the personnel and facilities 
required to complete the activity or project; and"; and 
(5) by adding at the end the following new paragraph: 
"(3) contain a description of the research £ind development 
necessary to develop the technology to conduct the activities 
and projects covered by the report.". 
(d) PUBLIC PARTICIPATION IN DEVELOPMENT OF INFORMATION.— 
Section 3153 of such Act (42 U.S.C. 7274k) is further amended 
by adding at the end the following new subsection: 
"(f) PUBLIC PARTICIPATION IN DEVELOPMENT OF INFORMATION.— 
(1) The Secretary of Energy shall consult with the Administrator 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3095 
of the Environmental Protection Agency, the Attorney General, 
Governors and Attorneys General of affected States, appropriate 
representatives of affected Indi£in tribes, and interested members 
of the public in the development of information necessary to com-
plete the reports required by subsections (a), (b), and (d). 
"(2) Consultation under paragraph (1) shall not interfere with 
the timely submission to Congress of the budget for a fiscal year. 
"(3) The Secretary may award grants to, and enter into coopera-
tive agreements with, affected States and affected Indian tribes 
to facilitate the participation of such entities in the development 
of information under this subsection. The Secretary may also take 
appropriate action to facilitate the participation of interested mem-
bers of the public in such development under this subsection.". 
(e) PUBLIC PARTICIPATION IN PLANNING.—The Secretary of 42USC7274g 
Energy shall consult with the Administrator of the Environmental note-
Protection Agency, the Attorney General, Governors and Attorneys 
General of affected States, appropriate representatives of affected 
Indian tribes, and interested members of the public in any planning 
conducted by the Secretary for environmental restoration and waste 
msmagement at Department of Energy defense nuclear facilities. 
SEC. 3161. AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, 42 USC 7231 
ENGINEERING, AND TECHNICAL PERSONNEL. 
note. 
(a) AUTHORITY.—(1) Notwithstanding any provision of title 5, 
United States Code, governing appointments in the competitive 
service and General Schedule classification and pay rates, the Sec-
retary of Energy may— 
(A) establish and set the rates of pay for not more than 
200 positions in the Department of Energy for scientific, 
engineering, and technical personnel whose duties will relate 
to safety at defense nuclear facilities of the Department; and 
(B) appoint persons to such positions. 
(2) The rate of pay for a position established under paragraph 
(1) may not exceed the rate of pay payable for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code. 
(3) To the maximum extent practicable, the Secretary shall 
appoint persons under paragraph (1)(B) to the positions established 
under paragraph (1)(A) in accordance with the merit system prin-
ciples set forth in section 2301 of such title. 
(4) The Secretary may not appoint more than 100 persons 
during fiscal year 1995 under the authority provided in this sub-
section. 
(b) 0PM REVIEW.—(1) The Secretary shall enter into an agree- Contracts, 
ment with the Director of the Office of Personnel Management 
under which agreement the Director shall periodically evaluate 
the use of the authority set forth in subsection (a)(1). The Secretary 
shall reimburse the Director for evaluations conducted by the Direc-
tor pursuant to the agreement. Any such reimbursement shall 
be credited to the revolving fund referred to in section 1304(e) 
of title 5, United States Code. 
(2) If the Director determines as a result of such evaluation 
that the Secretary of Energy is not appointing persons to positions 
under such authority in a manner consistent with the merit system 
principles set forth in section 2301 of title 5, United States Code, 
or is setting rates of pay at levels that are not appropriate for 
the qualifications and experience of the persons appointed and 
108 STAT. 3096 
PUBLIC LAW 103-337—OCT. 5, 1994 
Reports. 
the duties of the positions involved, the Director shall notify the 
Secretary and Congress of that determination. 
(3) Upon receipt of a notification under paragraph (2), the 
Secretary shall— 
(A) take appropriate actions to appoint persons to positions 
under such authority in a manner consistent with such prin-
ciples or to set rates of pay at levels that are appropriate 
for the qualifications and experience of the persons appointed 
and the duties of the positions involved; or 
(B) cease appointment of persons under such authority, 
(c) EPA STUDY.—(1) Upon the 50th appointment made by the 
Secretary pursuant to subsection (a)(1)(B), the Administrator of 
the Environmental Protection Agency, in consultation with the Sec-
retary, shall conduct a study of the effects of the implementation 
of such subsection on the conduct of remedial actions at sites 
on the National Priorities List. 
(2) The study shall assess whether serious problems have 
resulted at any site on the National Priorities List from appoint-
ments made pursuant to subsection (a)(1)(B) of persons whose 
emplojnment, at the time of the appointment, involved remedial 
actions or other similar activities at the site. 
(3) For purposes of this subsection, a serious problem includes 
£iny of the following occurrences: 
(A) A significant delay or significant disruption of a sched-
ule for completion of a remedial action at the site. 
(B) A significant escalation of the personnel costs for the 
remedial action. 
(C) A significant exacerbation of any shortage in the num-
ber of critical personnel at the site. 
(4) The Administrator, in consultation with the Secretary, shall 
submit to Congress a report on the study conducted under para-
graph (1). The report shall be submitted not later than 30 days 
after the date upon which the Secretary has made the 50th appoint-
ment pursuant to subsection (a)(1)(B), The Secretary may not make 
more than 50 such appointments until the submission of the report. 
(5) If, as a result of the study conducted under paragraph 
(1), the Administrator, in consultation with the Secretary, deter-
mines that serious problems have resulted at any site on the 
National Priorities List from appointments made pursuant to sub-
section (a)(1)(B), the Administrator and the Secretary shall jointly 
submit to Congress, together with the report referred to in para-
graph (4), a plan to ameliorate the effects of those serious problems. 
Under the plan, the Administrator and the Secretary shall provide 
for— 
(A) a reduction in the rate at which persons are appointed 
pursuant to such subsection; 
(B) the making of appointments pursuant to such sub-
section of persons other than persons whose emplojmaent, at 
the time of the appointment, involved remedial actions or other 
similar activities at sites on the National Priorities List; or 
(C) any other effective alternative to appointing persons 
described in subparagraph (B) that the Administrator and the 
Secretary consider appropriate. 
(6) To carry out this section, the Secretary shall regularly 
provide to the Administrator the following information: 
(A) The relevant previous places of employment of each 
person appointed pursuant to subsection (a)(1)(B). 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3097 
(B) The site on the National Priorities List, if the employ-
ment of such person, at the time of the appointment of that 
person pursuant to such subsection, involved remedial actions 
or other similar activities at the site, 
(d) TERMINATION.—(1) The authority provided under subsection 
(a)(1) shall terminate on September 30, 1997. 
(2) An employee may not be separated from employment with 
the Department of Energy or receive a reduction in pay by reason 
of the termination of authority under paragraph (1). 
SEC. 3162. USE OF FUNDS FOR COMPUTER DECLASSIFICATION SYS-
TEM. 
Of the funds authorized to be appropriated to the Department 
of Energy imder section 3103, $3,000,000 shall be available for 
a computer system for declassification purposes. 
SEC. 3163. SAFETY OVERSIGHT AND ENFORCEMENT AT DEFENSE 
42 USC 7274m. 
NUCLEAR FACILITIES. 
(a) SAFETY AT DEFENSE NUCLEAR FACILITIES.—The Secretary 
of Energy shall take appropriate actions to ensure that— 
(1) officials of the Department of Energy who are respon-
sible for independent oversight of matters relating to nuclear 
safety at defense nuclear facilities and enforcement of nuclear 
safety standards at such facilities maintain independence from 
officials who are engaged in, or who are advising persons who 
are engaged in, management of such facilities; 
(2) the independent, internal oversight fiinctions carried 
out by the Department include activities relating to— 
(A) the assessment of the safety of defense nuclear 
facilities; 
(B) the assessment of the effectiveness of Department 
program offices in carrying out programs relating to the 
environment, safety, health, and security at defense nuclear 
facilities; 
(C) the provision to the Secretary of oversight reports 
t h a i ^ 
(i) contain validated technical informs.tion; and 
(ii) provide a clear analysis of the extent to which 
line programs governing defense nuclear facilities meet 
applicable goals for the environment, safety, health, 
and security at such facilities; and 
(D) the development of clear performance standards 
to be used in assessing the adequacy of the programs 
referred to in subparagraph (C)(ii); 
(3) the Department has a system for bringing issues relat-
ing to nuclear safety at defense nuclear facilities to the atten-
tion of the officials of the Department (including the Secretary 
of Energy) who have authority to resolve such issues in an 
adequate and timely manner; and 
(4) an adequate number of qualified personnel of the 
Department are assigned to oversee matters relating to nuclear 
safety at defense nuclear facilities and enforce nuclear safety 
standards at such facilities. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress 
a report describing the following: 
108 STAT. 3098 
PUBLIC LAW 103-337—OCT. 5, 1994 
(1) The actions that the Secretary has taken or will take 
to fulfill the requirements set forth in paragraphs (1), (2), 
and (3) of subsection (a). 
(2) The actions in addition to the actions described under 
paragraph (1) that the Secretary could take in order to fulfill 
such requirements. 
(3) The respective roles with regard to nuclear safety at 
defense nuclear facilities of the following officials: 
(A) The Associate Deputy Secretary of Energy for Field 
Management. 
(B) The Assistant Secretary of Energy for Defense Pro-
grams. 
(C) The Assistant Secretary of Energy for Environ-
mental Restoration and Waste Management. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 1995, 
$17,933,000 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.). 
TITLE XXXIII—NATIONAL DEFENSE 
STOCKPILE 
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS. 
Subject to such limitations as may be provided in appropriations 
Acts, during fiscal year 1995, the National Defense Stockpile Man-
ager may obligate up to $54,200,000 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 
Act (50 U.S.C. 98h) for the authorized uses of such funds under 
subsection (b)(2) of such section. 
SEC. 3302. ROTATION OF MATERIALS TO PREVENT TECHNOLOGICAL 
OBSOLESCENCE. 
Section 6(a)(4) of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98e(a)(4)) is amended by inserting "or techno-
logical obsolescence" after "deterioration". 
50 use 98d note. SEC. 3303. EXTENSION OF LIMITATION ON AUTHORITY TO DISPOSE 
OF CHROMIUM FERRO AND MANGANESE FERRO. 
Section 3302(f) of the National Defense Authorization Act for 
Fiscal Year 1993 (PubHc Law 102-484; 106 Stat. 2651), as amended 
by section 3303(b) of the National Defense Authorization Act for 
Fiscal Year 1994 (Pubhc Law 103-160; 107 Stat. 1961), is further 
amended by striking out "October 1, 1994" and inserting in lieu 
thereof "October 1, 1995". 
50 use 98d note. SEC. 3304. LIMITATION ON AUTHORITY TO DISPOSE OF ZINC. 
(a) LIMITATION ON DISPOSAL AUTHORITY.—The disposal of zinc 
from the National Defense Stockpile pursuant to any disposal 
authority provided by law may not commence before April 1, 1995. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3099 
(b) CONDITION ON DISPOSAL AFTER EXPIRATION OF LIMITA-
TION.—If any quantity of zinc is proposed for disposal from the 
National Defense Stockpile during fiscal year 1995 upon the expira-
tion of the limitation prescribed under subsection (a), the President 
shall submit to Congress not later than February 15, 1995, a 
revised annual materials plan under section 11(b) of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98h-2) that 
specifically describes the proposed disposals. The revised plan shall 
include the views of the Market Impact Committee regarding the 
market impact of the disposals, as required under section 10(c) 
of such Act (50 U.S.C. 98h-l(c)). 
(c) EFFECT ON TRANSFERS OF ZINC TO OTHER FEDERAL AGEN-
CIES.—Nothing in this section shall limit the authority of the 
National Defense Stockpile Manager to transfer zinc in the National 
Defense Stockpile to the jurisdiction and control of £m.other Federal 
agency for official Government use. 
(d) 
NATIONAL 
DEFENSE 
STOCKPILE 
DEFINED.—The 
term 
"National Defense Stockpile" means the stockpile provided for in 
section 4 of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98c). 
SEC. 3305. LIMITATIONS ON DISPOSAL OF CHROMITE AND MANGANESE 
ORES. 
(a) PREFERENCE FOR DOMESTIC UPGRADING.—In offering to 
enter into agreements pursuant to any provision of law for the 
disposal of chromite and manganese ores of metallurgical grade 
fi*om the National Defense Stockpile provided for in section 4 of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98c), the President shall give a right of first refiisal on all such 
offers to domestic ferroalloy upgraders. 
(b) DOMESTIC FERROALLOY UPGRADER DEFINED.—For purposes 
of this section, the term "domestic ferroalloy upgrader" means a 
company or other business entity that, as determined by the 
President— 
(1) is engaged in operations to upgrade chromite or man-
ganese ores of metallurgical grade or is capable of engaging 
in such operations; and 
(2) conducts a significant level of its research, development, 
engineering, and upgrading operations in the United States. 
(c) APPLICATION OF SECTION.—The requirements specified in 
subsection (a) shall apply during fiscal year 1995. 
SEC. 3306. REPORT ON DOMESTIC PRODUCTION OF HIGH PURITY 
ELECTROLYTIC CHROMIUM METAL. 
(a) AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.—Not 
later than 60 days after the date of the enactment of this Act, 
the Secretary of Defense shall enter into an agreement with the 
President of the National Academy of Sciences, under which the 
Academy will prepare a report regarding the production of high 
purity electrolytic chromium metal in the United States. 
(b) ELEMENTS OF REPORT.—In preparing the report under sub-
section (a), the National Academy of Sciences shall evaluate— 
(1) the capability of industrial facilities in the United States 
to produce high purity electrolytic chromium metal; 
(2) the need to maintain a domestic source for the produc-
tion of high purity electrolj^ic chromium metal; 
108 STAT. 3100 
PUBLIC LAW 103-337—OCT. 5, 1994 
(3) the potential adverse effects on the United States econ-
omy and defense capabilities if domestic sources for the produc-
tion of high purity electrolytic chromium metal are lost; 
(4) the availability of high purity electrolytic chromium 
metal from sources outside the United States; and 
(5) the capability and reliability of such foreign sources 
for the production of high purity electrolytic chromium metal. 
(c) SUBMISSION OF REPORT.—Not later than 120 days after 
the date on which the agreement is entered into under subsection 
(a), the National Academy of Sciences shall submit to the Secretary 
of Defense and Congress the report required under such agreement. 
TITLE XXXIV—CIVIL DEFENSE 
Subtitle A—^Authorization of 
Appropriations 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
There is hereby authorized to be appropriated $129,658,000 
for fiscal year 1995 for the purpose of carrying out title Vl of 
The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, as added by section 3411. 
Subtitle B—^Reenactment of Federal Civil 
Defense Act of 1950 in the Robert T. Staf-
ford Disaster Relief and Emergency As-
sistance Act 
SEC. 3411. RESTATEMENT OF FEDERAL CIVIL DEFENSE AUTHORITIES 
IN THE ROBERT T. STAFFORD DISASTER RELIEF AND 
EMERGENCY ASSISTANCE ACT. 
(a) RESTATEMENT AS NEW TITLE.—The Robert T. Stafford Disas-
ter Relief and Emergency Assistance Act (42 U.S.C. 5121 at seq.) 
is amended— 
(1) by redesignating title VI as title VTI; 
42 use 501. 
(2) by redesignating sections 601, 602, 603, and 604 as 
sections 701, 702, 703, and 704, respectively; and 
(3) by inserting after title V the following new title VI: 
"TITLE VI—EMERGENCY 
PREPAREDNESS 
42 use 5195. 
"SEC. 601. DECLARATION OF POLICY. 
"The purpose of this title is to provide a system of emergency 
preparedness for the protection of life and property in the United 
States from hazards and to vest responsibility for emergency 
preparedness jointly in the Federal Government and the States 
and their political subdivisions. The Congress recognizes that the 
organizational structure established jointly by the Federal Govern-
ment and the States and their political subdivisions for emergency 
preparedness purposes can be effectively utilized to provide relief 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3101 
and assistance to people in areas of the United States struck 
by a hazard. The Federal Government shall provide necessary direc-
tion, coordination, and guidance, and shall provide necessary assist-
ance, as authorized in this title so that a comprehensive emergency 
preparedness system exists for all hazards. 
"SEC. 602. DEFINITIONS. 
42 USC 5195a. 
"(a) DEFINITIONS.—For purposes of this title only: 
"(1) HAZARD.—The term 'hazard' means an emergency or 
disaster resulting from— 
"(A) a natural disaster; or 
"(B) an accidental or man-caused event. 
"(2) NATURAL DISASTER.—The term 'natural disaster' means 
any hurricane, tornado, storm, flood, high water, wind-driven 
water, tidal wave, tsunami, earthquake, volcanic eruption, land-
slide, mudslide, snowstorm, drought, fire, or other catastrophe 
in any part of the United States which causes, or which may 
cause, substantial damage or injury to civilian property or 
persons. 
"(3) EMERGENCY PREPAREDNESS.—The term 'emergency 
preparedness' means all those activities and measures designed 
or undertaken to prepare for or minimize the effects of a hazard 
upon the civilian population, to deal with the immediate emer-
gency 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 includes the following: 
"(A) Measures to be undertaken in preparation for 
anticipated hazards (including the establishment of appro-
priate organizations, operational plans, and supporting 
agreements, the recruitment and training of personnel, 
the conduct of research, the procurement and stockpiling 
of necessary materials and supplies, the provision of suit-
able warning systems, the construction or preparation of 
shelters, shelter areas, and control centers, and, when 
appropriate, the non-military evacuation of the civilian 
population). 
"(B) 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). 
"(C) Measures to be undertaken following a hazard 
N 
(including activities for fire fighting, rescue, emergency 
medical, health and sanitation services, monitoring for spe-
cific dangers of special weapons, unexploded bomb recon-
naissance, essential debris clearance, emergency welfare 
measures, and immediately essential emergency repair or 
restoration of damaged vital facilities). 
"(4) ORGANIZATIONAL EQUIPMENT.—The term 'organiza-
tional equipment' meains equipment determined by the Director 
to be necessary to an emergency preparedness organization, 
as distinguished from personal equipment, and of such a type 
or nature as to require it to be financed in whole or in part 
by the Federal Government. Such term does not include those 
items which the local community normally uses in combating 
108 STAT. 3102 
PUBLIC LAW 103-337—OCT. 5, 1994 
local disasters, except when required in unusual quantities 
dictated by the requirements of the emergency preparedness 
plans. 
"(5) MATERIALS.—The term 'materials' includes raw mate-
rials, supplies, medicines, equipment, component parts and 
technical information and processes necessary for emergency 
preparedness. 
"(6) FACILITIES.—The term 'facilities', except as otherwise 
provided in this title, includes buildings, shelters, utilities, and 
land. 
"(7) DIRECTOR.—The term 'Director' means the Director 
of the Federal Emergency Management Agency. 
"(8) 
NEIGHBORING cou^rTRIES.—The term 'neighboring 
countries' includes Canada and Mexico. 
"(9) UNITED STATES AND STATES.—The terms 'United States' 
and 'States' includes the several States, the District of Colum-
bia, and territories and possessions of the United States. 
"(10) STATE.—The term 'State' includes interstate emer-
gency preparedness authorities established under 
section 
611(h). 
"(b) CROSS REFERENCE.—The terms 'national defense' and 
'defense,' as used in the Defense Production Act of 1950 (50 U.S.C. 
App. 2061 et seq.), includes emergency preparedness activities con-
ducted pursuant to this title. 
42 u s e 5195b. 
"SEC. 603. ADMINISTRATION OF TITLE. 
"This title shall be carried out by the Director of the Federal 
Emergency Msmagement Agency. 
"Subtitle A—Powers and Duties 
/ 
42 use 5196. 
"SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION. 
"(a) IN GENERAL.—In order to carry out the policy described 
in section 601, the Director shall have the authorities provided 
in this section. 
"(b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS.— 
The Director may prepare Federal response plans smd programs 
for the emergency preparedness of the United States and sponsor 
and direct such plans and programs. To prepare such plans and 
programs and coordinate such plans and programs with State 
efforts, the Director may request such reports on State plans and 
operations for emergency preparedness as may be necessary to 
keep the President, Congress, and the States advised of the status 
of emergency preparedness in the United States. 
"(c) DELEGATION OF EMERGENCY PREPAREDNESS RESPONSIBIL-
ITIES.—^With the approval of the President, the Director may dele-
gate to other departments and agencies of the Federal Government 
appropriate emergency preparedness responsibilities and review 
and coordinate the emergency preparedness activities of the depart-
ments and agencies with each other and with the activities of 
the States and neighboring countries. 
"(d) COMMUNICATIONS AND WARNINGS.—The Director may make 
appropriate 
provision for necessary 
emergency 
preparedness 
communications and for dissemination of warnings to the civilian 
population of a hazard. 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3103 
"(e) EMERGENCY PREPAREDNESS MEASURES.—The Director may 
study and develop emergency preparedness measures designed to 
afford adequate protection of life and property, including— 
"(1) research and studies as to the best methods of treating 
the effects of hazards; 
"(2) developing shelter designs and materials for protective 
covering or construction; and 
"(3) developing equipment or facilities and effecting the 
standardization 
thereof to meet emergency 
preparedness 
requirements. 
"(f) TRAINING PROGRAMS.—(1) The Director may— 
"(A) conduct or arrange, by contract or otherwise, for train-
ing programs for the instruction of emergency preparedness 
officials and other persons in the organization, operation, and 
techniques of emergency preparedness; 
"(B) conduct or operate schools or including the payment 
of travel expenses, in accordance with subchapter I of chapter 
57 of title 5, United States Code, and the Standardized Govern-
ment Travel Regulations, and per diem allowances, in lieu 
of subsistence for trainees in attendance or the furnishing 
of subsistence and quarters for trainees and instructors on 
terms prescribed by the Director; and 
"(C) provide instructors and training aids as necessary, 
"(2) The terms prescribed by the Director for the payment 
of travel expenses and per diem allowances authorized by this 
subsection shall include a provision that such payment shall not 
exceed one-half of the total cost of such expenses. 
"(3) The Director may lease real property required for the 
purpose of carrying out this subsection, but may not acquire fee 
title to property unless specifically authorized by law. 
"(g) 
PUBLIC 
DISSEMINATION OF EMERGENCY PREPAREDNESS 
INFORMATION.—The Director may publicly disseminate appropriate 
emergency preparedness information by all appropriate means. 
"(h) 
INTERSTATE EMERGENCY PREPAREDNESS COMPACTS.—(1) 
The Director may— 
"(A) assist and encourage the States to negotiate and enter 
into interstate emergency preparedness compacts; 
"(B) review the terms and conditions of such proposed 
compacts in order to assist, to the extent feasible, in obtaining 
uniformity between such compacts and consistency with Federal 
emergency response plans and programs; 
"(C) assist and coordinate the activities under such com-
pacts; and 
"(D) aid and assist in encouraging reciprocal emergency 
prepgiredness legislation by the States which will permit the 
furnishing of mutual aid for emergency preparedness purposes 
in the event of a hazard which cannot be adequately met 
or controlled by a State or political subdivision thereof threat-
ened with or experiencing a hazard. 
"(2) A copy of each interstate emergency preparedness compact 
shall be transmitted promptly to the Senate and the House of 
Representatives. The consent of Congress is deemed to be granted 
to each such compact upon the expiration of the 60-day period 
beginning on the date on which the compact is transmitted to 
Congress. 
108 STAT. 3104 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(3) Nothing in this subsection shall be construed as preventing 
Congress from disapproving, or withdrawing at any time its consent 
to, any interstate emergency preparedness compact. 
"(i) MATERIALS AND FACILITIES.—(1) The Director may procure 
by condemnation or otherwise, construct, lease, transport, store, 
maintain, renovate or distribute materials and facilities for emer-
gency preparedness, with the right to take immediate possession 
thereof. 
"(2) Facilities acquired by purchase, donation, or other means 
of transfer may be occupied, used, and improved for the purposes 
of this title before the approval of title by the Attorney General 
as required by section 355 of the Revised Statutes (40 U.S.C. 
255). 
Reports. 
"(3) The Director shall submit to Congress a report, at least 
quarterly, describing all property acquisitions made pursuant to 
this subsection. 
"(4) The Director may lease real property required for the 
purpose of carrying out the provisions of this subsection, but shall 
not acquire fee title to property unless specifically authorized by 
law. 
"(5) The Director may procure and maintain under this sub-
section radiological, chemical, bacteriological, and biological agent 
monitoring and decontamination devices and distribute such devices 
by loan or grant to the States for emergency preparedness purposes, 
under such terms and conditions as the Director shall prescribe. 
"(j) FINANCIAL CONTRIBUTIONS.—(1) The Director may make 
financial 
contributions, on the basis of programs or projects 
approved by the Director, to the States for emergency preparedness 
purposes, including the procurement, construction, leasing, or ren-
ovating of materials and facilities. Such contributions shall be made 
on such terms or conditions as the Director shall prescribe, including 
the method of purchase, the quantity, quality, or specifications 
of the materials or facilities, and such other factors or care or 
treatment to assure the uniformity, availability, and good condition 
of such materials or facilities. 
"(2) No contribution may be made under this subsection for 
the procurement of land or for the purchase of personal equipment 
for State or local emergency preparedness workers. 
"(3) The amounts authorized to be contributed by the Director 
to each State for organizational equipment shall be equally matched 
by such State from any source it determines is consistent with 
its laws. 
"(4) Financial contributions to the States for shelters and other 
protective facilities shall be determined by taking the amount of 
fiinds appropriated or available to the Director for such facilities 
in each fiscal year and apportioning such funds among the States 
in the ratio which the urban population of the critical target areas 
(as determined by the Director) in each State, at the time of the 
determination, bears to the total urban population of the critical 
target areas of all of the States. 
"(5) The amounts authorized to be contributed by the Director 
to each State for such shelters and protective facilities shall be 
equally matched by such State from any source it determines is 
consistent with its laws and, if not matched within a reasonable 
time, the Director may reallocate such amounts to other States 
under the formula described in paragraph (4). The value of any 
land contributed by any State or political subdivision thereof shall 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3105 
be excluded from the computation of the State share under this 
subsection. 
"(6) The amounts paid to any State under this subsection 
shall be expended solely in carrying out the purposes set forth 
herein and in accordance with State emergency preparedness pro-
grams or projects approved by the Director. Tne Director shall 
make no contribution toward the cost of any program or project 
for the procurement, construction, or leasing of any facility which 
(A) is intended for use, in whole or in part, for any purpose other 
than emergency preparedness, and (B) is of such kind that upon 
completion it will, in the judgment of the Director, be capable 
of producing sufficient revenue to provide reasonable assurance 
of the retirement or repayment of such cost; except that (subject 
to the preceding provisions of this subsection) the Director may 
make a contribution to any State toward that portion of the cost 
of the construction, reconstruction, or enlargement of any facility 
which the Director determines to be directly attributable to the 
incorporation in such facility of any feature of construction or design 
not necessary for the principal intended purpose thereof but which 
is, in the judgment of the Director necessary for the use of such 
facility for emergency preparedness purposes. 
"(7) The Director shall submit to Congress a report, at least Reports, 
annually, regeirding all contributions made pursuant to this sub-
section. 
"(8) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed 
with the assistance of any contribution of Federal funds made 
by the Director under this subsection shall be paid wages at rates 
not less than those prevailing on similar construction in the locality 
as determined by the Secretary of Labor in accordance with the 
Act of March 3, 1931 (commonly known as the Davis-Bacon Act 
(40 U.S.C. 276a-276a-5)), and every such employee shall receive 
compensation at a rate not less than one and V^ times the basic 
rate of pay of the employee for all hours worked in any workweek 
in excess of eight hours in any workday or 40 hours in the work-
week, as the case may be. The Director shall ma^e no contribution 
of Federal funds without first obtaining adequate assurance that 
these labor standards will be maintained upon the construction 
work. The Secretary of Labor shall have, with respect to the labor 
standards specified in this subsection, the authority and functions 
set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 
App.) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276(c)). 
"(k) SALE OR DISPOSAL OF CERTAIN MATERIALS AND FACILI-
TIES.—The Director may arrange for the sale or disposal of materials 
and facilities found by the Director to be imnecessary or unsuitable 
for emergency preparedness purposes in the same manner as pro-
vided for excess property under the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 471 et seq.). Any funds 
received as proceeds from the sale or other disposition of such 
materials and facilities shall be deposited into the Treasury as 
miscellaneous receipts. 
"SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING 
COUNTRIES. 
"The Director shall give all practicable assistance to States 
in arranging, through the Department of State, mutual emergency 
preparedness aid between the States and neighboring countries. 
42 use 5196a. 
108 STAT. 3106 
PUBLIC LAW 103-337—OCT. 5, 1994 
42 use 5196b. 
"SEC. 613. CONTRmUTIONS FOR PERSONNEL AND ADMINISTRATIVE 
EXPENSES. 
"(a) GENERAL AUTHORITY.—To further assist in carrying out 
the purposes of this title, the Director may make financial contribu-
tions to the States (including interstate emergency preparedness 
authorities established pursuant to section 611(h)) for necessary 
and essential State and local emergency preparedness personnel 
and administrative expenses, on the basis of approved plans (which 
shall be consistent with the Federal emergency response plans 
for emergency preparedness) for the emergency preparedness of 
the States. The financial contributions to the States under this 
section may not exceed one-half of the total cost of such necessary 
and essential State and local emergency preparedness personnel 
and administrative expenses. 
"(b) PLAN REQUIREMENTS.—A plan submitted under this section 
shall— 
"(1) provide, pursuant to State law, that the plan shall 
be in effect in all political subdivisions of the State and be 
mandatory on them and be administered or supervised by a 
single State agency; 
"(2) provide that the State shall share the financial assist-
ance with that provided by the Federal Government under 
this section from any source determined by it to be consistent 
with State law; 
"(3) provide for the development of State and local emer-
gency preparedness operational plans, pursuant to standards 
approved by the Director; 
"(4) provide for the employment of a full-time emergency 
preparedness director, or deputy director, by the State; 
"(5) provide that the State shall make such reports in 
such form and content as the Director may require; and 
"(6) make available to duly authorized representatives of 
the Director and the Comptroller General, books, records, and 
papers necessary to conduct audits for the purposes of this 
section. 
"(c) TERMS AND CONDITIONS.—The Director shall establish such 
other terms and conditions as the Director considers necessary 
and proper to carry out this section. 
"(d) APPLICATION OF OTHER PROVISIONS.—In carrying out this 
section, the provisions of section 611(h) and 621(h) shall apply. 
"(e) ALLOCATION OF FUNDS.—For each fiscal year concerned, 
the Director shall allocate to each State, in accordance with regula-
tions and the total sum appropriated under this title, amounts 
to be made available to the States for the purposes of this section. 
Regulations governing allocations to the States under this sub-
section shall give due regard to (1) the criticality of the areas 
which may be affected by hazards with respect to the development 
of the total emergency preparedness readiness of the United States, 
(2) the relative state of development of emergency preparedness 
readiness of the State, (3) population, and (4) such other factors 
as the Director shall prescribe. The Director may reallocate the 
excess of any allocation not used by a State in a plan submitted 
under this section. Amounts paid to any State or political subdivi-
sion under this section shall be expended solely for the purposes 
set forth in this section. 
"(f) SUBMISSION OF PLAN.—If a State fails to submit a plan 
for approval as required by this section within 60 days after the 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3107 
Director notifies the States of the allocations under this section, 
the Director may reallocate such funds, or portions thereof, among 
the other States in such amounts as, in the judgment of the Director, 
will best assure the adequate development of the emergency 
preparedness capability of the United States. 
"(g) ANNUAL REPORTS.—The Director shall report annually to 
the Congress all contributions made pursuant to this section. 
"SEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR 42 USC 5196c. 
CONSTRUCTION OF EMERGENCY OPERATING CENTERS. 
"Notwithstanding any other provision of this title, funds appro-
priated to carry out this title may not be used for the purpose 
of constructing emergency operating centers (or similar facilities) 
in any State unless such State matches in an equal amount the 
amount made available to such State under this title for such 
purpose. 
"SEC. 615. 
USE 
OF 
FUNDS 
TO 
PREPARE 
FOR 
AND 
RESPOND 
TO 
HAZ-
ARDS. 
"Funds made available to the States under this title may be 
used by the States for the purposes of preparing for hazards and 
providing emergency assistance in response to hazards. Regulations 
prescribed to carry out this section shall authorize the use of emer-
gency preparedness personnel, materials, and facilities supported 
in whole or in part through contributions under this title for emer-
gency preparedness activities and measures related to hazards. 
"Subtitle B—General Provisions 
42 USC 5196d. 
"SEC. 621. ADMINISTRATIVE AUTHORITY. 
"(a) IN GENERAL.—For the purpose of carrying out the powers 42 USC 5197. 
and duties assigned to the Director under this title, the Director 
may exercise the administrative authorities provided under this 
section. 
"(b) ADVISORY PERSONNEL.—(1) The Director may employ not 
more than 100 part-time or temporary advisory personnel (including 
not to exceed 25 subjects of the United Kingdom or citizens of 
Canada) as the Director considers to be necessary in carrjdng out 
the provisions of this title. 
"(2) Persons holding other offices or positions under the United 
States for which they receive compensation, while serving as 
advisory personnel, shall receive no additional compensation for 
such service. Other part-time or temporary advisory personnel so 
employed may serve without compensation or may receive com-
pensation at a rate not to exceed $180 for each day of service, 
plus authorized subsistence and travel, as determined by the Direc-
tor. 
"(c) 
SERVICES OF OTHER AGENCY PERSONNEL AND VOLUN-
TEERS.—The Director may— 
"(1) use the services of Federal agencies and, with the 
consent of any State or local government, accept and use the 
services of State and local agencies; 
"(2) establish and use such regional and other offices as 
may be necessary; and 
"(3) use such voluntary and uncompensated services by 
individuals or organizations as may from time to time be 
needed. 
108 STAT. 3108 
PUBLIC LAW 103-337—OCT. 5, 1994 
"(d) GIFTS.—Notwithstanding any other provision of law, the 
Director may accept gifts of suppHes, equipment, and facilities 
and may use or distribute such gifts for emergency preparedness 
purposes in accordance with the provisions of this title. 
"(e) REIMBURSEMENT.—The Director may reimburse any Fed-
eral agency for any of its expenditures or for compensation of 
its personnel and use or consumption of its materials and facilities 
under this title to the extent funds are available. 
"(f) PRINTING.—The Directt r may purchase such printing, bind-
ing, and blank-book work from public, commercial, or private print-
ing establishments or binderies as the Director considers necessary 
upon orders placed by the Public Printer or upon waivers issued 
in accordance with section 504 of title 44, United States Code. 
"(g) RULES AND REGULATIONS.—The Director may prescribe 
such rules and regulations as may be necessary and proper to 
carry out any of the provisions of this title and perform any of 
the powers and duties provided by this title. The Director may 
perform any of the powers and duties provided by this title through 
or with the aid of such officials of the Federal Emergency Manage-
ment Agency as the Director may designate. 
"(h) FAILURE TO EXPEND 
CONTRIBUTIONS CORRECTLY.—(1) 
When, after reasonable notice and opportunity for hearing to the 
State or other person involved, the Director finds that there is 
a failure to expend funds in accordance with the regulations, terms, 
and conditions established under this title for approved emergency 
preparedness plans, programs, or projects, the Director may notify 
such State or person that further payments will not be made 
to the State or person from appropriations under this title (or 
from funds otherwise available for the purposes of this title for 
any approved plan, program, or project with respect to which there 
is such failure to comply) until the Director is satisfied that there 
will no longer be any such failure. 
"(2) Until so satisfied, the Director shall either withhold the 
payment of any financial contribution to such State or person or 
limit payments to those programs or projects with respect to which 
there is substantial compliance with the regulations, terms, and 
conditi* ns governing plans, programs, or projects hereunder. 
"(3) As used in this subsection, the term 'person' means the 
political subdivision of any State or combination or group thereof 
or any person, corporation, association, or other entity of any nature 
whatsoever, including instrumentalities of States and political sub-
divisions. 
42 u s e 5197a. 
«SEC. 622. SECURITY REGULATIONS. 
"(a) ESTABLISHMENT.—The Director shall establish such secu-
rity requirements and safeguards, including restrictions with 
respect to access to information and property as the Director consid-
ers necessary. 
"(b) LIMITATIONS ON EMPLOYEE ACCESS TO INFORMATION.—No 
employee of the Federal Emergency Management Agency shall be 
permitted to have access to information or property with respect 
to which access restrictions have been established under this sec-
tion, until it shall have been determined that no information is 
contained in the files of the Federal Bureau of Investigation or 
any other investigative agency of the Government indicating that 
such employee is of questionable loyalty or reliability for security 
purposes, or if any such information is so disclosed, until the Federal 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3109 
Bureau of Investigation shall have conducted a full field investiga-
tion concerning such person and a report thereon shall have been 
evaluated in writing by the Director. 
"(c) NATIONAL SECURITY POSITIONS.—No employee of the Fed-
eral Emergency Management Agency shall occupy any position 
determined by the Director to be of critical importance from the 
staindpoint of national security until a full field investigation 
concerning such employee shall have been conducted by the Director 
of the Office of Personnel Management and a report thereon shall 
have been evaluated in writing by the Director of the Federal 
Emergency Management Agency. In the event such full field inves-
tigation by the Director of the Office of Personnel Management 
develops any data reflecting that such applicant for a position 
of critical importance is of questionable loyalty or reliability for 
security purposes, or if the Director of the Federal Emergency 
Management Agency for any other reason considers it to be advis-
able, such investigation shall be discontinued and a report thereon 
shall be referred to the Director of the Federal Emergency Manage-
ment Agency for evaluation in writing. Thereafter, the Director 
of the Federal Emergency Management Agency may refer the mat-
ter to the Federal Bureau of Investigation for the conduct of a 
full field investigation by such Bureau. The result of such latter 
investigation by such Bureau shall be furnished to the Director 
of the Federal Emergency Management Agency for action. 
"(d) EMPLOYEE OATHS.—Each Federal employee of the Federal 
Emergency Management Agency acting under the authority of this 
title, except the subjects of the United Kingdom and citizens of 
Canada specified in section 621(b), shall execute the loyalty oath 
or appointment affidavits prescribed by the Director of the Office 
of Personnel Management. Each person other than a Federal 
employee who is appointed to serve in a State or local organization 
for emergency preparedness shall before entering upon duties, take 
an oath in writing before a person authorized to administer oaths, 
which oath shall be substantially as follows: 
"*I, 
, do solemnly swear (or affirm) that I will 
support and defend the Constitution of the United States 
against all enemies, foreign and domestic; that I will bear 
true faith and allegiance to the same; that I take this obligation 
freely, without any mental reservation or purpose of evasion; 
and that I will well and faithfully discharge the duties upon 
which I am about to enter. 
"'And I do further swear (or affirm) that I do not advocate, 
nor am I a member or an affiliate of any organization, group, 
or combination of persons that advocates the overthrow of the 
Government of the United States by force or violence; and 
that during such time as I am a member of 
(name 
of emergency preparedness organization), I will not advocate 
nor become a member or an affiliate of any organization, group, 
or combination of persons that advocates the overthrow of the 
Government of the United States by force or violence.' 
After appointment and qualification for office, the director of emer-
gency preparedness of any State, and any subordinate emergency 
preparedness officer within such State designated by the director 
in writing, shall be qualified to administer any such oath within 
such State under such regulations as the director shall prescribe. 
Any person who shall be found guilty of having falsely taken such 
108 STAT. 3110 
PUBLIC LAW 103-337—OCT. 5, 1994 
oath shall be punished as provided in section 1621 of title 18, 
United States Code. 
42 use 5197b. 
"SEC. 623. USE OF EXISTING FACILITIES. 
"In performing duties under this title, the Director— 
"(1) shall cooperate with the various departments and agen-
cies of the Federal Government; 
"(2) shall use, to the maximum extent, the existing facilities 
and resources of the Federal Government and, with their con-
sent, the facilities and resources of the States and political 
subdivisions thereof, and of other organizations and agencies; 
and 
"(3) shall refrain from engaging in any form of activity 
which would duplicate or parallel activity of any other Federal 
department or agency unless the Director, with the written 
approval of the President, shall determine that such duplication 
is necessary to accomplish the purposes of this title. 
42 use 5197c. 
"SEC. 624. ANNUAL REPORT TO CONGRESS. 
"The Director shall annually submit a written report to the 
President and Congress covering expenditures, contributions, work, 
and accomplishments of the Federal Emergency Management 
Agency pursuant to this title, accompanied by such recommenda-
tions as the Director considers appropriate. 
42 use 5197d. 
"SEC. 625. APPLICABILITY OF TITLE. 
"The provisions of this title shall be applicable to the United 
States, its States, Territories and possessions, and the District 
of Columbia, and their political subdivisions. 
42 use 5197e. 
"SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF 
FUNDS. 
"(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
the provisions of this title. 
"(b) TRANSFER AUTHORITY.—Funds made available for the pur-
poses of this title may be allocated or transferred for any of the 
purposes of this title, with the approval of the Director of the 
Office of Management and Budget, to any agency or government 
corporation designated to assist in carrying out this title. Each 
such allocation or transfer shall be reported in full detail to the 
Congress within 30 days after such allocation or transfer. 
42 use 5197f. 
"SEC. 627. RELATION TO ATOMIC ENERGY ACT OF 1954. 
"Nothing in this title shall be construed to alter or modify 
the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
et seq.). 
42 use 5197g. 
"SEC. 628. FEDERAL BUREAU OF INVESTIGATION. 
"Nothing in this title shall be construed to authorize investiga-
tions of espionage, sabotage, or subversive acts by any persons 
other than personnel of the Federal Bureau of Investigation.". 
(b) 
CONFORMING 
AMENDMENT 
REGARDING 
DEFINITION 
OF 
NATIONAL DEFENSE.—Section 702(13) of the Defense Production 
Act of 1950 (50 U.S.C. App. 2152(13)) is amended by adding at 
the end the following new sentence: "Such term includes emergency 
preparedness activities conducted pursuant to title VI of The Robert 
T. Stafford Disaster Relief and Emergency Assistance Act.". 
PUBLIC LAW 103-337—OCT. 5, 1994 
108 STAT. 3111 
SEC. 3412. REPEAL OF FEDERAL CIVIL DEFENSE ACT OF 1950. 
(a) REPEAL.—The Federal Civil Defense Act of 1950 (50 U.S.C. 
App. 2251 et seq.) is repealed. 
(b) CONFORMING AMENDMENTS.—(1) Section 202(c) of The Rob-
ert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5132(c)) is amended by striking out "section 201(c) of the 
Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 
2281(c))," and inserting in lieu thereof "section 611(c) of this Act". 
(2) The paragraph under the heading "CIVIL DEFENSE PROCURE-
MENT FUND" in chapter XI of the Third Supplemental Appropriation 
Act, 1951 (50 U.S.C. App. 2264), is repealed. 
(3) Section 813(d) of the Agricultural Act of 1970 (7 U.S.C. 
1427a(d)) is amended by striking out "the provisions of the Federal 
Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251-
2297)." and inserting in Heu thereof "title VI of The Robert T. 
Stafford Disaster Relief and Emergency Assistance Act.". 
50 u s e app. 
2251 et seq. 
TITLE 
XXXV—NAVAL PETROLEUM 
RESERVES 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS. 
There is hereby authorized to be appropriated to the Secretary 
of Energy $199,456,000 for fiscal year 1995 for the purpose of 
carr3ring out activities imder chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves (as defined in section 
7420(2) of such title). Funds appropriated pursuant to such 
authorization shall remain available until expended. 
SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM 
DURING FISCAL YEAR 1995, 
Notwithstanding section 7430(b)(2) of title 10, United States 
Code, during fiscal year 1995, any sale of any part of the United 
States share of petroleum produced from Naval Petroleum Reserves 
Numbered 1, 2, and 3 shall be made at a price not less than 
90 percent of the current sales price, as estimated by the Secretary 
of Energy, of comparable petroleum in the same area. 
SEC. 3503. EXTENSION OF OPERATING CONTRACT FOR NAVAL PETRO-
LEUM RESERVE NUMBERED 1. 
Notwithstanding section 7432(b) of title 10, United States Code, 
the Secretary of Energy may extend the operating contract for 
Naval Petroleum Reserve Numbered 1, in effect on the date of 
the enactment of this Act, for an additional two years effective 
on the expiration date of the contract. However, the contract may 
obligate funds only to the extent that such fiinds are made available 
in appropriation Acts. 
TITLE XXXVI—PANAMA CANAL 
COMMISSION 
SEC. 3601. SHORT TITLE. 
This title may be cited as the "Panama Canal Commission 
Authorization Act for Fiscal Year 1995". 
Panama 
Canal 
Commission 
Authorization 
Act for Fiscal 
Year 1995. 
108 STAT. 3112 
PUBLIC LAW 103-337—OCT. 5, 1994 
SEC. 3602. AUTHORIZATION OF EXPENDITURES. 
(a) IN GENERAL.—Subject to subsection (b), the Panama Canal 
Commission is authorized to make such expenditures within the 
Hmits of funds and borrowing authority available to it in accordance 
with law, and to make such contracts and commitments without 
regard to fiscal year limitations, as may be necessary under the 
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, 
maintenance, and improvement of the Panama Canal for fiscal 
year 1995. 
(b) LIMITATIONS.—For fiscal year 1995, the Panama Canal 
Commission may expend from funds in the Panama Canal Revolving 
Fund not more than $50,030,000 for administrative expenses, of 
which not more than— 
(1) $11,000 may be used for official reception and represen-
tation expenses of the Supervisory Board of the Commission; 
(2) $5,000 may be used for official reception and representa-
tion expenses of the Secretary of the Commission; and 
(3) $30,000 may be used for official reception and represen-
tation expenses of the Administrator of the Commission. 
(c) REPLACEMENT VEHICLES.—Funds available to the Panama 
Canal Commission shall be available for the purchase of not to 
exceed 43 passenger motor vehicles (including large heavy-duty 
vehicles to be used to transport Commission personnel across the 
isthmus of Panama). A vehicle may be purchased with such funds 
only as necessary to replace another passenger motor vehicle of 
the Commission. The purchase price of each vehicle may not exceed 
$19,500. 
SEC. 3603. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS. 
Expenditures authorized under this title may be made only 
in accordance with the Panama Canal Treaties of 1977 and any 
law of the United States implementing those treaties. 
SEC. 3604. COSTS OF EDUCATIONAL SERVICES OBTAINED IN THE 
UNITED STATES. 
Section 1321(e)(2) of the Panama Canal Act of 1979 (22 U.S.C. 
3731(e)(2)) is amended by inserting "or the United States" after 
"schools in the Republic of Panama". 
PUBLIC LAW 103-337—OCT. 5,1994 
108 STAT. 3113 
SEC. 3605. SPECIAL IMMIGRANT STATUS OF PANAMANIANS EMPLOYED 
BY THE UNITED STATES IN THE FORMER CANAL ZONE. 
Section 101(a)(27)(F) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(F)) is amended in clause (ii) by inserting 
"or continues to be employed by the United States Government 
in an area of the former Canal Zone" after "emplo5rment''. 
Approved October 5,1994. 
LEGISLATIVE HISTORY—S. 2182 (H.R. 4301) (S. 2208) (S. 2209) (S. 2211): 
HOUSE REPORTS: Nos. 103-499 accompanying H.R. 4301 (Comm. on Armed 
Services) and 103-701 (Comm. of Conference). 
SENATE REPORTS: No. 103-2S2 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
May 18-20, 23, 24, June 8, 9, H.R. 4301 considered and passed House. 
June 22-24, 30, S. 2182 considered in Senate. 
July 1, S. 2182, S. 2208, S. 2209, S. 2211 considered and passed Senate; 
H.R. 4301, amended, passed. 
July 25, S. 2182 considered and passed House, amended. 
Aug. 17, House agreed to conference report. 
Sept. 12, 13, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Oct. 5, Presidential statement.