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H.R.2401
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To authorize appropriations for fiscal year 1994 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1994''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
Sec. 108. National Shipbuilding Initiative.
Sec. 109. Denial of multiyear procurement authorization.
Subtitle B--Army Programs
Sec. 111. Procurement of helicopters.
Sec. 112. Light utility helicopter modernization.
Sec. 113. Nuclear, biological, and chemical protective masks.
Sec. 114. Chemical agent monitoring program.
Sec. 115. Close Combat Tactical Trainer Quickstart program.
Subtitle C--Navy Programs
Sec. 121. Seawolf attack submarine program.
Sec. 122. Trident II (D-5) missile procurement.
Sec. 123. Study of Trident missile submarine program.
Sec. 124. MK-48 ADCAP torpedo program.
Sec. 125. SSN acoustics master plan.
Sec. 126. Long-term lease or charter authority for certain double-hull
tankers and oceanographic vessels.
Sec. 127. Long-term lease or charter authority for certain Roll-On/Roll-
Off vessels.
Sec. 128. F-14 aircraft upgrade program.
Subtitle D--Air Force Programs
Sec. 131. B-2 bomber aircraft program.
Sec. 132. B-1B bomber aircraft program.
Sec. 133. Full and prompt access by Comptroller General to information
on heavy bomber programs.
Sec. 134. C-17 aircraft program progress payments and reports.
Sec. 135. Live-fire survivability testing of the C-17 aircraft.
Sec. 136. Intertheater airlift program.
Sec. 137. Use of F-16 aircraft advance procurement funds for program
termination costs.
Sec. 138. Tactical signals intelligence aircraft.
Sec. 139. C-135 aircraft program.
Subtitle E--Other Matters
Sec. 151. ALQ-135 jammer device.
Sec. 152. Global Positioning System.
Sec. 153. Ring laser gyro navigation systems.
Sec. 154. Operational support aircraft.
Sec. 155. Administration of chemical demilitarization program.
Sec. 156. Chemical munitions disposal facilities, Tooele Army Depot,
Utah.
Sec. 157. Authority to convey Los Alamos dry dock.
Sec. 158. Sales authority of certain working-capital funded industrial
facilities of the Army.
Sec. 159. Space-based missile warning and surveillance programs.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Strategic Environmental Research and Development Program.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Kinetic Energy Antisatellite Program.
Sec. 212. B-1B bomber program.
Sec. 213. Space launch modernization plan.
Sec. 214. Medical countermeasures against biowarfare threats.
Sec. 215. Federally funded research and development centers.
Sec. 216. Demonstration program for ballistic missile post-launch
destruct mechanism.
Sec. 217. High Performance Computing and Communication Initiative.
Sec. 218. Superconducting Magnetic Energy Storage (SMES) program.
Sec. 219. Advanced Self Protection Jammer (ASPJ) Program.
Sec. 220. Electronic combat systems testing.
Sec. 221. Limitation on flight tests of certain missiles.
Sec. 222. Joint Advanced Rocket System.
Sec. 223. Standoff Air-to-Surface munitions technology demonstration.
Sec. 224. Standard extremely high frequency waveform.
Sec. 225. Extension of prohibition on testing Mid-Infrared Advanced
Chemical Laser against an object in space.
Subtitle C--Missile Defense Programs
Sec. 231. Funding for ballistic missile defense programs for fiscal year
1994.
Sec. 232. Revisions to Missile Defense Act of 1991.
Sec. 233. Patriot Advanced Capability-3 theater missile defense system.
Sec. 234. Compliance of ballistic missile defense systems and components
with ABM Treaty.
Sec. 235. Theater missile defense master plan.
Sec. 236. Limited Defense System development plan.
Sec. 237. Theater and Limited Defense System testing.
Sec. 238. Arrow Tactical Anti-Missile program.
Sec. 239. Report on Arrow Tactical Anti-Missile program.
Sec. 240. Technical amendments to annual report requirement to reflect
creation of Ballistic Missile Defense Organization.
Sec. 241. Clementine satellite program.
Sec. 242. Cooperation of United States allies on development of tactical
and theater missile defenses.
Sec. 243. Transfer of follow-on technology programs.
Subtitle D--Women's Health Research
Sec. 251. Defense Women's Health Research Center.
Sec. 252. Inclusion of women and minorities in clinical research
projects.
Subtitle E--Other Matters
Sec. 261. Nuclear weapons effects testing by Department of Defense.
Sec. 262. One-year delay in transfer of management responsibility for
Navy mine countermeasures program to the Director, Defense Research and
Engineering.
Sec. 263. Termination, reestablishment, and reconstitution of an
Advisory Council on Semiconductor Technology.
Sec. 264. Navy large cavitation channel, Memphis, Tennessee.
Sec. 265. Strategic Environmental Research Council.
Sec. 266. Repeal of requirement for study by Office of Technology
Assessment.
Sec. 267. Comprehensive independent study of national cryptography
policy.
Sec. 268. Review of assignment of defense research and development
categories.
Sec. 269. Authorized use for facility constructed with prior defense
grant funds.
Sec. 270. Grant to support research on exposure to hazardous agents and
materials by military personnel who served in the Persian Gulf War.
Sec. 271. Research on exposure to depleted uranium by military personnel
who served in the Persian Gulf War.
Sec. 272. Sense of Congress on metalcasting and ceramic semiconductor
package industries.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. National Security Education Trust Fund obligations.
Sec. 305. Transfer from National Defense Stockpile Fund.
Sec. 306. Funds for clearing landmines.
Subtitle B--Limitations
Sec. 311. Prohibition on operation of Naval Air Station, Bermuda.
Sec. 312. Limitation on the use of appropriated funds for Department of
Defense golf courses.
Sec. 313. Prohibition on the use of certain cost comparison studies.
Sec. 314. Limitation
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on contracts with certain ship repair companies for
ship repair.
Sec. 315. Requirement of performance in the United States of certain
reflagging or repair work.
Sec. 316. Prohibition on joint civil aviation use of Selfridge Air
National Guard Base, Michigan.
Sec. 317. Location of certain prepositioning facilities.
Subtitle C--Defense Business Operations Fund
Sec. 331. Extension of authority for use of the Defense Business
Operations Fund.
Sec. 332. Implementation of the Defense Business Operations Fund.
Sec. 333. Charges for goods and services provided through the Defense
Business Operations Fund.
Sec. 334. Limitation on obligations against the Defense Business
Operations Fund.
Subtitle D--Depot-Level Activities
Sec. 341. Department of Defense depot task force.
Sec. 342. Limitation on consolidation of management of depot-level
maintenance workload.
Sec. 343. Continuation of certain percentage limitations on the
performance of depot-level maintenance.
Sec. 344. Sense of Congress on the performance of certain depot-level
work by foreign contractors.
Sec. 345. Sense of Congress on the role of depot-level activities of the
Department of Defense.
Sec. 346. Contracts to perform workloads previously performed by depot-
level activities of the Department of Defense.
Sec. 347. Authority to waive certain claims of the United States.
Subtitle E--Commissaries and Military Exchanges
Sec. 351. Prohibition on operation of commissary stores by active duty
members of the Armed Forces.
Sec. 352. Modernization of automated data processing capability of the
Defense Commissary Agency.
Sec. 353. Operation of Stars and Stripes bookstores overseas by the
military exchanges.
Sec. 354. Availability of funds for relocation expenses of the Navy
Exchange Service Command.
Subtitle F--Other Matters
Sec. 361. Emergency and extraordinary expense authority for the
Inspector General of the Department of Defense.
Sec. 362. Authority for civilian employees of the Army to act on reports
of survey.
Sec. 363. Extension of guidelines for reductions in civilian positions.
Sec. 364. Authority to extend mailing privileges.
Sec. 365. Extension and modification of pilot program to use National
Guard personnel in medically underserved communities.
Sec. 366. Amendments to the Armed Forces Retirement Home Act of 1991.
Sec. 367. Modification of restriction on repair of certain vessels the
homeport of which is planned for reassignment.
Sec. 368. Escorts and flags for civilian employees who die while serving
in an armed conflict with the Armed Forces.
Sec. 369. Maintenance and repair of Pacific battle monuments.
Sec. 370. One-year extension of certain programs.
Sec. 371. Ships' stores.
Sec. 372. Promotion of civilian marksmanship.
Sec. 373. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 374. Budget information on Department of Defense recruiting
expenditures.
Sec. 375. Revision of authorities on National Security Education Trust
Fund.
Sec. 376. Annual assessment of force readiness.
Sec. 377. Reports on transfers of certain funds.
Sec. 378. Report on replacement sites for Army Reserve Facility in
Marcus Hook, Pennsylvania.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation of end strength limitations for Marine
Corps majors and lieutenant colonels.
Sec. 403. Army end strength.
Sec. 404. Report on end strengths necessary to meet levels assumed in
Bottom Up Review.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. Increase in number of members in certain grades authorized to
be on active duty in support of the Reserves.
Sec. 414. Force structure allowance for Army National Guard.
Sec. 415. Personnel level for Navy Craft of Opportunity (COOP) Program.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Active Components
Sec. 501. Years of service for eligibility for separation pay for
regular officers involuntarily discharged.
Sec. 502. Expansion of eligibility for Voluntary Separation Incentive
and Special Separation Benefits programs.
Sec. 503. Members eligibile for involuntary separation benefits.
Sec. 504. Temporary authority for involuntary separation of certain
regular warrant officers.
Sec. 505. Determination of service for warrant officer retirement
sanctuary.
Sec. 506. Officers ineligible for consideration by early retirement
boards.
Sec. 507. Remedy for ineffective counseling of officers discharged
following selection by early discharge boards.
Sec. 508. Two-year extension of authority for temporary promotions of
certain Navy lieutenants.
Sec. 509. Award of constructive service credit for advanced education in
a health profession upon original appointment as an officer.
Sec. 510. Original appointment as regular officers of certain reserve
officers in health professions.
Subtitle B--Reserve Components
Sec. 511. Exception for health care providers to requirement for 12
weeks of basic training before assignment outside United States.
Sec. 512. Number of full-time reserve personnel who may be assigned to
ROTC duty.
Sec. 513. Repeal of mandated reduction in Army Reserve component full-
time manning end strength.
Sec. 514. Two-year extension of certain reserve officer management
authorities.
Sec. 515. Active component support for reserve training.
Sec. 516. Test program for Reserve Combat Maneuver Unit integration.
Sec. 517. Revisions to pilot program for active component support of the
reserves.
Sec. 518. Educational assistance for graduate programs for members of
the Selected Reserve.
Sec. 519. Frequency of physical examinations of members of the Ready
Reserve.
Sec. 520. Revision of certain deadlines under Army National Guard Combat
Readiness Reform Act.
Sec. 521. Annual report on implementation of Army National Guard Combat
Readiness Reform Act.
Sec. 522. FFRDC study of State and Federal missions of the National
Guard.
Sec. 523. Consistency of treatment of National Guard technicians and
other members of the National Guard.
Sec. 524. National Guard management initiatives.
Subtitle C--Service Academies
Sec. 531. Congressional nominations.
Sec. 532. Technical amendment related to change in nature of commission
of service academy graduates.
Sec. 533. Management of civilian faculty at Military and Air Force
Academies.
Sec. 534. Evaluation of requirement that officers and civilian faculty
members report violations of Naval Academy regulations.
Sec. 535. Prohibition of transfer of Naval Academy Preparatory School.
Sec. 536. Test program to evaluate use of private preparatory schools
for service academy preparatory school mission.
Subtitle D--Women in the Service
Sec. 541. Repeal of the statutory restriction on the assignment of women
in the Navy and Marine Corps.
Sec. 542. Notice to Congress of proposed changes in combat assignments
to which female members may be assigned.
Sec. 543. Gender-neutral occupational performance standards.
Subtitle E--Victims' Rights and Family Advocacy
Sec. 551. Responsibilities of military law enforcement officials at
scenes of domestic violence.
Sec. 552. Improved procedures for notification of victims and witnesses
of status of prisoners in military correctional facilities.
Sec. 553. Study of stalking by persons subject to UCMJ.
Sec. 554. Transitional compensation for dependents of members of the
Armed Forces discharged for dependent abuse.
Sec. 555. Clarification of eligibility for benefits for dependent
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ctims of abuse by members of the Armed Forces pending loss of retired
pay.
Subtitle F--Force Reduction Transition
Sec. 561. Extension through fiscal year 1999 of certain force draw-down
transition authorities relating to personnel management and benefits.
Sec. 562. Retention in an active status of enlisted Reserves with
between 18 and 20 years of service.
Sec. 563. Authority to order early Reserve retirees to active duty.
Sec. 564. Applicability to Coast Guard Reserve of certain reserve
components transition initiatives.
Subtitle G--Other Matters
Sec. 571. Policy concerning homosexuality in the Armed Forces.
Sec. 572. Change in timing of required drug and alcohol testing and
evaluationP of applicants for appointment as cadet or midshipman and for
ROTC graduates.
Sec. 573. Reimbursement requirements for advanced education assistance.
Sec. 574. Recognition by States of military powers of attorney.
Sec. 575. Foreign language proficiency test program.
Sec. 576. Clarification of punitive UCMJ article regarding drunken
driving.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1994.
Sec. 602. Continuation of rate of basic pay applicable to certain
members with over 24 years of service.
Sec. 603. Pay for students at service academy preparatory schools.
Sec. 604. Variable housing allowance for certain members who are
required to pay child support and who are assigned to sea duty.
Sec. 605. Evacuation advance pay.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of authority for bonuses and special pay for nurse
officer candidates, registered nurses, and nurse anesthetists.
Sec. 612. Extension and modification of certain bonuses for reserve
forces.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Reimbursement of temporary lodging expenses.
Sec. 622. Payment of losses incurred or collection of gains realized due
to fluctuations in foreign currency in connection with housing members
in private housing abroad.
Subtitle D--Other Matters
Sec. 631. Revision of definition of dependents for purposes of
allowances.
Sec. 632. Clarification of eligibility for tuition assistance.
Sec. 633. Sense of Congress regarding the provision of excess leave and
permissive temporary duty for members from outside the continental
United States.
Sec. 634. Special pay for certain disabled members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Primary and preventive health care services for women.
Sec. 702. Revision of definition of dependents for purposes of health
benefits.
Sec. 703. Authorization to expand enrollment in the dependents' dental
program to certain members returning from overseas assignments.
Sec. 704. Authorization to apply section 1079 payment rules for the
spouse and children of a member who dies while on active duty.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
Sec. 711. Codification of CHAMPUS Peer Review Organization program
procedures.
Sec. 712. Increased flexibility for personal service contracts in
military medical treatment facilities.
Sec. 713. Expansion of the program for the collection of health care
costs from third-party payers.
Sec. 714. Alternative resource allocation method for medical facilities
of the uniformed services.
Sec. 715. Federal preemption regarding contracts for medical and dental
care.
Sec. 716. Specialized treatment facility program authority and issuance
of nonavailability of health care statements.
Sec. 717. Delay of termination authority regarding status of certain
facilities as Uniformed Services Treatment Facilities.
Sec. 718. Managed-care delivery and reimbursement model for the
Uniformed Services Treatment Facilities.
Sec. 719. Flexible deadline for continuation of CHAMPUS reform
initiative in Hawaii and California.
Sec. 720. Clarification of conditions on expansion of CHAMPUS reform
initiative to other locations.
Sec. 721. Report regarding demonstration programs for the sale of
pharmaceuticals.
Subtitle C--Other Matters
Sec. 731. Use of health maintenance organization model as option for
military health care.
Sec. 732. Clarification of authority for graduate student program of the
Uniformed Services University of the Health Sciences.
Sec. 733. Authority for the Armed Forces Institute of Pathology to
obtain additional distinguished pathologists and scientists.
Sec. 734. Authorization for automated medical record capability to be
included in medical information system.
Sec. 735. Report on the provision of primary and preventive health care
services for women.
Sec. 736. Independent study of conduct of medical study by Arctic
Aeromedical Laboratory, Ladd Air Force Base, Alaska.
Sec. 737. Availability of report regarding the CHAMPUS chiropractic
demonstration.
Sec. 738. Sense of Congress regarding the provision of adequate medical
care to covered beneficiaries under the military medical system.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Defense Technology and Industrial Base, Reinvestment, and
Conversion
Sec. 801. Industrial Preparedness Manufacturing Technology Program.
Sec. 802. University Research Initiative Support Program.
Sec. 803. Operating Committee of the Critical Technologies Institute.
Subtitle B--Acquisition Assistance Programs
Sec. 811. Contract goal for disadvantaged small businesses and certain
institutions of higher education.
Sec. 812. Procurement technical assistance programs.
Sec. 813. Pilot Mentor-Protege Program funding and improvements.
Subtitle C--Provisions to Revise and Consolidate Certain Defense
Acquisition Laws
Sec. 821. Repeal and amendment of obsolete, redundant, or otherwise
unnecessary laws applicable to Department of Defense generally.
Sec. 822. Extension to Department of Defense generally of certain
acquisition laws applicable to the Army and Air Force.
Sec. 823. Repeal of certain acquisition laws applicable to the Army and
Air Force.
Sec. 824. Consolidation, repeal, and amendment of certain acquisition
laws applicable to the Navy.
Sec. 825. Additional authority to contract for fuel storage and
management.
Sec. 826. Additional authority relating to the acquisition of petroleum
and natural gas.
Sec. 827. Amendment of research authorities.
Sec. 828. Technical and clerical amendments relating to acquisition
laws.
Subtitle D--Defense Acquisition Pilot Programs
Sec. 831. Reference to Defense Acquisition Pilot Program.
Sec. 832. Defense Acquisition Pilot Program amendments.
Sec. 833. Mission oriented program management.
Sec. 834. Savings objectives.
Sec. 835. Program phases and phase funding.
Sec. 836. Program work force policies.
Sec. 837. Efficient contracting processes.
Sec. 838. Contract administration: performance based contract
management.
Sec. 839. Contractor performance assessment.
Subtitle E--Other Matters
Sec. 841. Reimbursement of indirect costs of institutions of higher
education under Department of Defense contracts.
Sec. 842. Prohibition on award of certain Department of Defense and
Department of Energy contracts to entities controlled by a foreign
government.
Sec. 843. Reports by defense contractors of dealings with terrorist
countries.
Sec. 844. Department of Defense purchases through other agencies.
Sec. 845. Authority of the Advanced Research Projects Agency to carry
out certain prototype projects.
Sec. 846. Improvement of pricing policies for use of major range and
test facility installations of the military departments.
Sec. 847. Contract bundling.
Sec. 848. Prohibition on competition between Department of Defense and
small businesses for certain maintenance contr
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acts.
Sec. 849. Buy American provisions.
Sec. 850. Clarification to Small Business Competitiveness Demonstration
Program Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense
Sec. 901. Enhanced position for Comptroller of Department of Defense.
Sec. 902. Additional responsibilities of the Comptroller.
Sec. 903. New position of Under Secretary of Defense for Personnel and
Readiness.
Sec. 904. Redesignation of positions of Under Secretary and Deputy Under
Secretary of Defense for Acquisition.
Sec. 905. Assistant Secretary of Defense for Legislative Affairs.
Sec. 906. Further conforming amendments to chapter 4 of title 10, United
States Code.
Sec. 907. Director of Operational Test and Evaluation.
Subtitle B--Professional Military Education
Sec. 921. Congressional findings concerning professional military
education schools.
Sec. 922. Authority for award by National Defense University of certain
master of science degrees.
Sec. 923. Authority to employ civilian faculty members at George C.
Marshall European Center for Security Studies.
Subtitle C--Joint Officer Personnel Policy
Sec. 931. Revision of Goldwater-Nichols requirement of service in a
joint duty assignment before promotion to general or flag grade.
Sec. 932. Joint duty credit for certain duty performed during Operations
Desert Shield and Desert Storm.
Sec. 933. Flexibility for required post-education joint duty assignment.
Subtitle D--Other Matters
Sec. 941. Army Reserve Command.
Sec. 942. Flexibility in administering requirement for annual four
percent reduction in number of personnel assigned to headquarters and
headquarters support activities.
Sec. 943. Report on Department of Defense Bottom Up Review.
Sec. 944. Repeal of termination of requirement for a Director of
Expeditionary Warfare in the Office of the Chief of Naval Operations.
Sec. 945. CINC Initiative Fund.
Subtitle E--Commission on Roles and Missions of the Armed Forces
Sec. 951. Findings.
Sec. 952. Establishment of Commission.
Sec. 953. Duties of Commission.
Sec. 954. Reports.
Sec. 955. Powers.
Sec. 956. Commission procedures.
Sec. 957. Personnel matters.
Sec. 958. Miscellaneous administrative provisions.
Sec. 959. Payment of Commission expenses.
Sec. 960. Termination of the Commission.
TITLE X--ENVIRONMENTAL PROVISIONS
Sec. 1001. Annual environmental reports.
Sec. 1002. Indemnification of transferees of closing defense property
for releases of petroleum and petroleum derivatives.
Sec. 1003. Shipboard plastic and solid waste control.
Sec. 1004. Extension of applicability period for reimbursement for
certain liabilities arising under hazardous waste contracts.
Sec. 1005. Prohibition on the purchase of surety bonds and other
guaranties for the Department of Defense.
TITLE XI--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1101. Transfer authority.
Sec. 1102. Clarification of scope of authorizations.
Sec. 1103. Incorporation of classified annex.
Sec. 1104. Revision of date for submittal of joint report on scoring of
budget outlays.
Sec. 1105. Comptroller General audits of acceptance by Department of
Defense of property, services, and contributions.
Sec. 1106. Limitation on transferring defense funds to other departments
and agencies.
Sec. 1107. Sense of Congress concerning defense budget process.
Sec. 1108. Funding structure for contingency operations.
Subtitle B--Fiscal Year 1993 Authorization Matters
Sec. 1111. Authority for obligation of certain unauthorized fiscal year
1993 defense appropriations.
Sec. 1112. Obligation of certain appropriations.
Sec. 1113. Supplemental authorization of appropriations for fiscal year
1993.
Subtitle C--Counter-Drug Activities
Sec. 1121. Department of Defense support for counter-drug activities of
other agencies.
Sec. 1122. Requirement to establish procedures for State and local
governments to buy law enforcement equipment suitable for counter-drug
activities through the Department of Defense.
Subtitle D--Matters Relating to Reserve Components
Sec. 1131. Review of Air Force plans to transfer heavy bombers to
reserve components units.
Subtitle E--Awards and Decorations
Sec. 1141. Award of purple heart to members killed or wounded in action
by friendly fire.
Sec. 1142. Sense of Congress relating to award of the Navy Expeditionary
Medal to Navy members supporting Doolittle Raid on Tokyo.
Sec. 1143. Award of gold star lapel buttons to survivors of service
members killed by terrorist acts.
Subtitle F--Recordkeeping and Reporting Requirements
Sec. 1151. Termination of Department of Defense reporting requirements
determined by Secretary of Defense to be unnecessary or incompatible
with efficient management of the Department of Defense.
Sec. 1152. Reports relating to certain special access programs and
similar programs.
Sec. 1153. Identification of service in Vietnam in the computerized
index of the National Personnel Records Center.
Sec. 1154. Report on personnel requirements for control of transfer of
certain weapons.
Sec. 1155. Report on food supply and distribution practices of the
Department of Defense.
Subtitle G--Congressional Findings, Policies, Commendations, and
Commemorations
Sec. 1161. Sense of Congress regarding justification for continuing the
Extremely Low Frequency (ELF) communication system.
Sec. 1162. Sense of Congress regarding the importance of naval
oceanographic survey and research in the post-cold war period.
Sec. 1163. Sense of Congress regarding United States policy on
plutonium.
Sec. 1164. Sense of Senate on entry into the United States of certain
former members of the Iraqi armed forces.
Sec. 1165. U.S.S. Indianapolis Memorial, Indianapolis, Indiana.
Subtitle H--Other Matters
Sec. 1171. Procedures for handling war booty.
Sec. 1172. Basing for C-130 aircraft.
Sec. 1173. Transportation of cargoes by water.
Sec. 1174. Modification of authority to conduct National Guard Civilian
Youth Opportunities Program.
Sec. 1175. Effective date for changes in Servicemen's Group Life
Insurance Program.
Sec. 1176. Eligibility of former prisoners of war for burial in
Arlington National Cemetery.
Sec. 1177. Redesignation of Hanford Arid Lands Ecology Reserve.
Sec. 1178. Aviation Leadership Program.
Sec. 1179. Administrative improvements in the Goldwater Scholarship and
Excellence in Education Program.
Sec. 1180. Transfer of obsolete destroyer tender Yosemite.
Sec. 1181. Transfer of obsolete heavy cruiser U.S.S. Salem.
Sec. 1182. Technical and clerical amendments.
Sec. 1183. Security clearances for civilian employees.
Sec. 1184. Videotaping of investigative interviews.
Sec. 1185. Investigations of deaths of members of the Armed Forces from
self-inflicted causes.
Sec. 1186. Export loan guarantees.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1201. Short title.
Sec. 1202. Findings on cooperative threat reduction.
Sec. 1203. Authority for programs to facilitate cooperative threat
reduction.
Sec. 1204. Demilitarization Enterprise Fund.
Sec. 1205. Funding for fiscal year 1994.
Sec. 1206. Prior notice to Congress of obligation of funds.
Sec. 1207. Semiannual report.
Sec. 1208. Appropriate congressional committees defined.
Sec. 1209. Authorization for additional fiscal year 1993 assistance to
the independent states of the former Soviet Union.
TITLE XIII--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
Sec. 1301. Short title.
Sec. 1302. Funding of defense conversion, reinvestment, and transition
assistance programs for fiscal year 1994.
Sec. 1303. Reports on defense conversion, reinvestment, and transition
assistance programs.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
Sec. 1311. Funding of defense dual-use partnerships program
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for fiscal
year 1994.
Sec. 1312. Defense technology and industrial base, reinvestment, and
conversion planning.
Sec. 1313. Congressional defense policy concerning defense technology
and industrial base, reinvestment, and conversion.
Sec. 1314. Expansion of businesses eligible for loan guarantees under
the defense dual-use assistance extension program.
Sec. 1315. Consistency in financial commitment requirements of non-
Federal Government participants in technology reinvestment projects.
Sec. 1316. Additional criteria for the selection of regional technology
alliances.
Sec. 1317. Conditions on funding of defense technology reinvestment
projects.
Subtitle B--Community Adjustment and Assistance Programs
Sec. 1321. Adjustment and diversification assistance for States and
local governments from the Office of Economic Adjustment.
Sec. 1322. Assistance for communities adversely affected by catastrophic
or multiple base closures or realignments.
Sec. 1323. Continuation of pilot project to improve economic adjustment
planning.
Subtitle C--Personnel Adjustment, Education, and Training Programs
Sec. 1331. Continuation of teacher and teacher's aide placement
programs.
Sec. 1332. Programs to place separated members in employment positions
with law enforcement agencies and health care providers.
Sec. 1333. Grants to institutions of higher education to provide
education and training in environmental restoration to dislocated
defense workers and young adults.
Sec. 1334. Environmental education opportunities program.
Sec. 1335. Training and employment of Department of Defense employees to
carry out environmental restoration at military installations to be
closed.
Sec. 1336. Revision to improvements to employment and training
assistance for dislocated workers.
Sec. 1337. Demonstration program for the training of recently discharged
veterans for employment in construction and in hazardous waste
remediation.
Sec. 1338. Service members occupational conversion and training.
Sec. 1339. Amendments to defense diversification program under Job
Training Partnership Act.
Subtitle D--National Shipbuilding Initiative
Sec. 1351. Short title.
Sec. 1352. National Shipbuilding Initiative.
Sec. 1353. Department of Defense program management through Advanced
Research Projects Agency.
Sec. 1354. Advanced Research Projects Agency functions and minimum
financial commitment of non-Federal Government participants.
Sec. 1355. Authority for Secretary of Transportation to make loan
guarantees.
Sec. 1356. Loan guarantees for export vessels.
Sec. 1357. Loan guarantees for shipyard modernization and improvement.
Sec. 1358. Eligible shipyards.
Sec. 1359. Funding for certain loan guarantee commitments for fiscal
year 1994.
Sec. 1360. Court sale to enforce preferred mortgage liens for export
vessels.
Sec. 1361. Authorizations of appropriations.
Sec. 1362. Regulations.
Sec. 1363. Shipyard conversion and reuse studies.
Subtitle E--Other Matters
Sec. 1371. Encouragement of the purchase or lease of vehicles producing
zero or very low exhaust emissions.
Sec. 1372. Revision to requirements for notice to contractors upon
pending or actual termination of defense programs.
Sec. 1373. Regional retraining services clearinghouses.
Sec. 1374. Use of naval installations to provide employment training to
nonviolent offenders in State penal systems.
TITLE XIV--MATTERS RELATING TO ALLIES AND OTHER NATIONS
Subtitle A--Defense Burden Sharing
Sec. 1401. Defense burdens and responsibilities.
Sec. 1402. Burden sharing contributions from designated countries and
regional organizations.
Subtitle B--North Atlantic Treaty Organization
Sec. 1411. Findings, sense of Congress, and report requirement
concerning North Atlantic Treaty Organization.
Sec. 1412. Modification of certain report requirements.
Sec. 1413. Permanent authority to carry out AWACS memoranda of
understanding.
Subtitle C--Export of Defense Articles
Sec. 1421. Extension of authority for certain foreign governments to
receive excess defense articles.
Sec. 1422. Report on effect of increased use of dual-use technologies on
ability to control exports.
Sec. 1423. Extension of landmine export moratorium.
Subtitle D--Other Matters
Sec. 1431. Codification of provision relating to Overseas Workload
Program.
Sec. 1432. American diplomatic facilities in Germany.
Sec. 1433. Consent of Congress to service by retired members in military
forces of newly democratic nations.
Sec. 1434. Semiannual report on efforts to seek compensation from
Government of Peru for death and wounding of certain United States
servicemen.
TITLE XV--INTERNATIONAL PEACEKEEPING AND HUMANITARIAN ACTIVITIES
Subtitle A--Assistance Activities
Sec. 1501. General authorization of support for international
peacekeeping activities.
Sec. 1502. Report on multinational peacekeeping and peace enforcement.
Sec. 1503. Military-to-military contact.
Sec. 1504. Humanitarian and civic assistance.
Subtitle B--Policies Regarding Specific Countries
Sec. 1511. Sanctions against Serbia and Montenegro.
Sec. 1512. Involvement of Armed Forces in Somalia.
TITLE XVI--ARMS CONTROL MATTERS
Subtitle A--Programs in Support of the Prevention and Control of
Proliferation of Weapons of Mass Destruction
Sec. 1601. Study of global proliferation of strategic and advanced
conventional military weapons and related equipment and technology.
Sec. 1602. Extension of existing authorities.
Sec. 1603. Studies relating to United States counterproliferation
policy.
Sec. 1604. Sense of Congress regarding United States capabilities to
prevent and counter weapons proliferation.
Sec. 1605. Joint Committee for Review of Proliferation Programs of the
United States.
Sec. 1606. Report on nonproliferation and counterproliferation
activities and programs.
Sec. 1607. Definitions.
Subtitle B--International Nonproliferation Activities
Sec. 1611. Nuclear nonproliferation.
Sec. 1612. Condition on assistance to Russia for construction of
plutonium storage facility.
Sec. 1613. North Korea and the Treaty on the Non-Proliferation of
Nuclear Weapons.
Sec. 1614. Sense of Congress relating to the proliferation of space
launch vehicle technologies.
TITLE XVII--CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE
Sec. 1701. Conduct of the chemical and biological defense program.
Sec. 1702. Consolidation of chemical and biological defense training
activities.
Sec. 1703. Annual report on chemical and biological warfare defense.
Sec. 1704. Sense of Congress concerning Federal emergency planning for
response to terrorist threats.
Sec. 1705. Agreements to provide support to vaccination programs of
Department of Health and Human Services.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out certain projects.
Sec. 2106. Construction of chemical munitions disposal facilities.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out certain projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out certain projects.
Sec. 2306. Relocation of Air Force activities from Sierra Army Depot,
California, to Beale Air Force Base, California.
Sec. 2307. Comba
2000
t arms training and maintenance facility relocation from
Wheeler Air Force Base, Hawaii, to United States Army Schofield Barracks
Open Range, Hawaii.
Sec. 2308. Authority to transfer funds as part of the improvement of
Dysart Channel, Luke Air Force Base, Arizona.
Sec. 2309. Authority to transfer funds for school construction for
Lackland Air Force Base, Texas.
Sec. 2310. Transfer of funds for construction of family housing, Scott
Air Force Base, Illinois.
Sec. 2311. Increase in authorized unit cost for certain family housing,
Randolph Air Force Base, Texas.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination of authority to carry out certain projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Reduction in amounts authorized to be appropriated for
Reserve military construction projects.
Sec. 2603. United States Army Reserve Command headquarters facility.
Sec. 2604. Limitation on total cost of construction projects.
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 1991
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1990
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Military family housing leasing programs.
Sec. 2802. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 2803. Authority for military departments to participate in water
conservation programs.
Sec. 2804. Clarification of energy conservation measures for the
Department of Defense.
Sec. 2805. Authority to acquire existing facilities in lieu of carrying
out construction authorized by law.
Sec. 2806. Clarification of participation in Department of State housing
pools.
Sec. 2807. Extension of authority to lease real property for special
operations activities.
Subtitle B--Land Transactions Generally
Sec. 2811. Land conveyance, Broward County, Florida.
Sec. 2812. Land conveyance, Naval Air Station Oceana, Virginia.
Sec. 2813. Land conveyance, Craney Island Fuel Depot, Naval Supply
Center, Virginia.
Sec. 2814. Land conveyance, Portsmouth, Virginia.
Sec. 2815. Land conveyance, Iowa Army Ammunition Plant, Iowa.
Sec. 2816. Land conveyance, Radar Bomb Scoring Site, Conrad, Montana.
Sec. 2817. Land conveyance, Charleston, South Carolina.
Sec. 2818. Land conveyance, Fort Missoula, Montana.
Sec. 2819. Land acquisition, Navy Large Cavitation Channel, Memphis,
Tennessee.
Sec. 2820. Release of reversionary interest, Old Spanish Trail Armory,
Harris County, Texas.
Sec. 2821. Grant of easement, West Loch Branch, Naval Magazine
Lualualei, Hawaii.
Sec. 2822. Review of proposed land exchange, Fort Sheridan, Illinois,
and Arlington County, Virginia.
Subtitle C--Changes to Existing Land Transaction Authority
Sec. 2831. Modification of land conveyance, New London, Connecticut.
Sec. 2832. Modification of termination of lease and sale of facilities,
Naval Reserve Center, Atlanta, Georgia.
Sec. 2833. Modification of lease authority, Naval Supply Center,
Oakland, California.
Sec. 2834. Expansion of land transaction authority involving Hunters
Point Naval Shipyard, San Francisco, California.
Subtitle D--Land Transactions Involving Utilities
Sec. 2841. Conveyance of natural gas distribution system, Fort Belvoir,
Virginia.
Sec. 2842. Conveyance of water distribution system, Fort Lee, Virginia.
Sec. 2843. Conveyance of waste water treatment facility, Fort Pickett,
Virginia.
Sec. 2844. Conveyance of water distribution system and reservoir,
Stewart Army Subpost, New York.
Sec. 2845. Conveyance of electric power distribution system, Naval Air
Station, Alameda, California.
Sec. 2846. Conveyance of electricity distribution system, Fort Dix, New
Jersey.
Sec. 2847. Lease and joint use of certain real property, Marine Corps
Base, Camp Pendleton, California.
Subtitle E--Other Matters
Sec. 2851. Conveyance of real property at missile sites to adjacent
landowners.
Sec. 2852. Prohibition on use of funds for planning and design of
Department of Defense vaccine production facility.
Sec. 2853. Grant relating to elementary school for dependents of
Department of Defense personnel, Fort Belvoir, Virginia.
Sec. 2854. Allotment of space in Federal buildings to credit unions.
Sec. 2855. Flood control project for Coyote and Berryessa Creeks,
California.
Sec. 2856. Restrictions on land transactions relating to the Presidio of
San Francisco, California.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
Subtitle A--Base Closure Community Assistance
Sec. 2901. Findings.
Sec. 2902. Prohibition on transfer of certain property located at
military installations to be closed.
Sec. 2903. Authority to transfer property at closed installations to
affected communities and States.
Sec. 2904. Expedited determination of transferability of excess property
of installations to be closed.
Sec. 2905. Availability of property for assisting the homeless.
Sec. 2906. Authority to lease certain property at installations to be
closed.
Sec. 2907. Authority to contract for certain services at installations
being closed.
Sec. 2908. Authority to transfer property at military installations to
be closed to persons paying the cost of environmental restoration
activities on the property.
Sec. 2909. Sense of Congress on availability of surplus military
equipment.
Sec. 2910. Identification of uncontaminated property at installations to
be closed.
Sec. 2911. Compliance with certain environmental requirements relating
to closure of installations.
Sec. 2912. Preference for local and small businesses.
Sec. 2913. Consideration of applications of affected States and
communities for assistance.
Sec. 2914. Clarification of utilization of funds for community economic
adjustment assistance.
Sec. 2915. Transition coordinators for assistance to communities
affected by the closure of installations.
Sec. 2916. Sense of Congress on seminars on reuse or redevelopment of
property at installations to be closed.
Sec. 2917. Feasibility study on assisting local communities affected by
the closure or realignment of military installations.
Sec. 2918. Definitions.
Subtitle B--Other Matters
Sec. 2921. Base closure account management flexibility.
Sec. 2922. Limitation on expenditure of funds from the Defense Base
Closure Account 1990 for military construction in support of transfers
of functions.
Sec. 2923. Modification of requirement for reports on activities under
the Defense Base Closure Account 1990.
Sec. 2924. Residual value of overseas installations being closed.
Sec. 2925. Sense of Congress on development of base closure criteria.
Sec. 2926. Information relating to recommendations for the closure or
realignment of military installations.
Sec. 2927. Public purpose extensions.
Sec. 2928. Expansion of conveyance authority regarding financial
facilities on closed military installations to include all depository
institutions.
Sec. 2929. Electric power allocation and economic development at certain
military installations to be closed in the State of California.
Sec. 2930. Testimony before Defense Base Closure and Realignment
Commission.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGR
2000
AMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Defense inertial confinement fusion program.
Sec. 3132. Payment of penalty assessed against Hanford project.
Sec. 3133. Water management programs.
Sec. 3134. Technology transfer.
Sec. 3135. Technology transfer and economic development activities for
communities surrounding Savannah River Site.
Sec. 3136. Prohibition on research and development of low-yield nuclear
weapons.
Sec. 3137. Testing of nuclear weapons.
Sec. 3138. Stockpile stewardship program.
Sec. 3139. National security programs.
Sec. 3140. Expended core facility dry cell.
Sec. 3141. Scholarship and fellowship program for environmental
restoration and waste management.
Sec. 3142. Hazardous materials management and hazardous materials
emergency response training program.
Sec. 3143. Worker health and protection.
Sec. 3144. Verification and control technology.
Sec. 3145. Tritium production requirements.
Subtitle D--Other Matters
Sec. 3151. Limitations on the receipt and storage of spent nuclear fuel
from foreign research reactors.
Sec. 3152. Extension of review of waste isolation pilot plant in New
Mexico.
Sec. 3153. Baseline environmental management reports.
Sec. 3154. Lease of property at Department of Energy weapon production
facilities.
Sec. 3155. Authority to transfer certain Department of Energy property.
Sec. 3156. Improved congressional oversight of Department of Energy
special access programs.
Sec. 3157. Reauthorization and expansion of authority to loan personnel
and facilities.
Sec. 3158. Modification of payment provision.
Sec. 3159. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 3160. Amendments to Stevenson-Wydler Technology Innovation Act of
1980.
Sec. 3161. Conflict of interest provisions for Department of Energy
employees.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Requirement for transmittal to Congress of certain
information prepared by Defense Nuclear Facilities Safety Board.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorizations of Disposals and Use of Funds
Sec. 3301. Disposal of obsolete and excess materials contained in the
National Defense Stockpile.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Revision of authority to dispose of certain materials
authorized for disposal in fiscal year 1993.
Sec. 3304. Conversion of chromium ore to high purity chromium metal.
Subtitle B--Programmatic Changes
Sec. 3311. Stockpiling principles.
Sec. 3312. Modification of notice and wait requirements for deviations
from annual materials plan.
Sec. 3313. Additional authorized uses of the National Defense Stockpile
Transaction Fund.
Sec. 3314. National emergency planning assumptions for biennial report
on stockpile requirements.
TITLE XXXIV--CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Modernization of the civil defense system.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Sec. 3504. Employment of commission employees by the Government of
Panama.
Sec. 3505. Labor-management relations.
Sec. 3506. Effective date.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means the Committees on Armed Services and the Committees
on Appropriations of the Senate and House of Representatives.
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 1994
for procurement for the Army as follows:
(1) For aircraft, $1,338,351,000.
(2) For missiles, $1,081,515,000.
(3) For weapons and tracked combat vehicles, $886,717,000.
(4) For ammunition, $619,668,000.
(5) For other procurement, $2,992,077,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 1994 for procurement for the Navy as follows:
(1) For aircraft, $5,793,157,000.
(2) For weapons, including missiles and torpedoes,
$2,986,965,000.
(3) For shipbuilding and conversion, $4,265,102,000.
(4) For other procurement, $2,953,605,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1994 for procurement for the Marine Corps in the amount
of $483,621,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1994
for procurement for the Air Force as follows:
(1) For aircraft, $7,013,938,000.
(2) For missiles, $3,582,743,000.
(3) For other procurement, $7,524,608,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1994
for Defense-wide procurement in the amount of $3,050,748,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1994
for procurement for the Inspector General of the Department of Defense
in the amount of $800,000.
SEC. 106. RESERVE COMPONENTS.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 1994 for procurement of aircraft,
vehicles, communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $210,000,000.
(2) For the Air National Guard, $260,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $60,000,000.
(5) For the Air Force Reserve, $250,000,000.
(6) For the Marine Corps Reserve, $35,000,000.
(7) For reserve components simulation equipment, $75,000,000.
(8) For National Guard aircraft replacement and modernization,
$50,000,000.
(b) Multiple-Launch Rocket System.--Of the total number of Multiple-
Launch Rocket System units acquired with funds appropriated pursuant to
the authorization of appropriations in section 101 for the Army, the
Secretary of the Army shall ensure that one battalion set shall be
authorized for and made available to the Army National Guard.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) Authorization.--There is hereby authorized to be appropriated
for fiscal year 1994 the amount of $379,561,000 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) $280,361,000 is for operations and maintenance;
(2) $72,600,000 is for procurement; and
(3) $26,600,000 is for research and development efforts in
support of the nonstockpile chemical weapons program.
(c) Clarification of Cooperative Agreement Authority.--Subsection
(c)(3) of section 1412 of the Department of Defense Authorization Act,
198
2000
6 (50 U.S.C. 1521), is amended by striking out ``and approving'' in
the third sentence and inserting in lieu thereof ``, approving, and
overseeing''.
SEC. 108. NATIONAL SHIPBUILDING INITIATIVE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 1994 for the National Shipbuilding
Initiative under subtitle D of title XIII in the amount of $147,000,000.
(b) Availability for Obligation.--Funds appropriated pursuant to
subsection (a) shall not be available for obligation for loan guarantees
after September 30, 1997.
SEC. 109. DENIAL OF MULTIYEAR PROCUREMENT AUTHORIZATION.
The Secretary of the Navy may not enter into a multiyear procurement
contract under section 2306(h) of title 10, United States Code, for the
F/A-18C/D aircraft program.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF 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 $150,000,000 for the procurement of not
more than 10 AH-64 aircraft from funds appropriated for fiscal year 1994
pursuant to section 101.
(b) OH-58D AHIP Aircraft.--The prohibition in section 133(a)(2) of
the National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1383) does not apply to the obligation of
funds in amounts not to exceed $112,500,000 for the procurement of not
more than 18 OH-58D AHIP Scout aircraft from funds appropriated for
fiscal year 1994 pursuant to section 101.
SEC. 112. LIGHT UTILITY HELICOPTER MODERNIZATION.
(a) Program Study.--The Secretary of the Army, in coordination with
the Chief of the National Guard Bureau, shall conduct a thorough study
of the requirements of the Army for light utility helicopter
modernization. The study shall include considerations of life-cycle
costs, capability requirements, and, if acquisition of new light
helicopters is determined to be needed, an appropriate acquisition
strategy, including full and open competition.
(b) Requirement for Use of Competitive Procedures.--Funds may not be
obligated for a light utility helicopter modernization program for a
contractor selected through the use of acquisition procedures other than
competitive procedures.
(c) Limitation on Obligations.--No funds may be obligated for such a
program until 30 days after the date on which the Secretary of Defense
submits to the congressional defense committees a report setting forth
the recommendations of the Secretary for a light helicopter
modernization program for the Army based upon the Secretary's review of
the results of the study under subsection (a).
SEC. 113. NUCLEAR, BIOLOGICAL, AND CHEMICAL PROTECTIVE MASKS.
Of the unobligated balance of the funds appropriated for the Army
for fiscal year 1993 for other procurement, $9,300,000 shall be
available, to the extent provided in appropriations Acts, for
procurement of M40/M42 nuclear, biological, and chemical protective
masks.
SEC. 114. CHEMICAL AGENT MONITORING PROGRAM.
Funds appropriated for the Army for fiscal year 1993 for other
procurement may not be obligated after the date of the enactment of this
Act for the Improved Chemical Agent Monitor (ICAM) program.
SEC. 115. CLOSE COMBAT TACTICAL TRAINER QUICKSTART PROGRAM.
Funds authorized to be appropriated for the Army for procurement for
fiscal year 1994 by section 101 may be used for long lead procurement of
component hardware items to accelerate the Close Combat Tactical Trainer
Quickstart program.
Subtitle C--Navy Programs
SEC. 121. SEAWOLF ATTACK SUBMARINE PROGRAM.
(a) Limitation on Use of Certain Funds.--Except as provided in
subsection (c), none of the funds described in subsection (b) may be
obligated for Seawolf-class attack submarines other than for long-lead
components for the vessel designated as SSN-23.
(b) Funds Subject to Limitation.--Subsection (a) applies to any
unobligated funds remaining on the date of the enactment of this Act
from the amount of $540,200,000 originally appropriated for fiscal year
1992 for the Seawolf-class attack submarine program and made available
under Public Law 102-298 for the purposes of preserving the industrial
base for submarine construction (as specified at page 27 of the report
of the committee of conference to accompany the conference report on
H.R. 4990 of the 102d Congress (House Report 102-530)).
(c) Exception.--Subsection (a) does not prohibit the obligation of
funds for settlement of claims arising from the termination for the
convenience of the Government during fiscal year 1992 of contracts for
Seawolf-class submarines or components of Seawolf-class submarines.
SEC. 122. TRIDENT II (D-5) MISSILE PROCUREMENT.
(a) Production.--Of amounts appropriated pursuant to section 102 for
procurement of weapons (including missiles and torpedoes) for the Navy
for fiscal year 1994--
(1) not more than $983,345,000 may be obligated for procurement
of Trident II (D-5) missiles; and
(2) not more than $145,251,000 may be obligated for advance
procurement for production of D-5 missiles for a fiscal year after
fiscal year 1994.
(b) Options for Achieving SLBM Warhead Limitations.--Not later than
April 1, 1994, the Secretary of Defense shall submit to Congress a
report on options available for achieving the limitations on submarine-
launched ballistic missile (SLBM) warheads imposed by the START II
treaty at significantly reduced costs from the costs planned for fiscal
year 1994. The report shall include an examination of the implications
for those options of further reductions in the number of such warheads
under further strategic arms reduction treaties.
SEC. 123. STUDY OF TRIDENT MISSILE SUBMARINE PROGRAM.
The Secretary of Defense shall submit to the congressional defense
committees, not later than April 1, 1994, a report comparing (1)
modifying Trident I submarines to enable those submarines to be deployed
with D-5 missiles, with (2) retaining the Trident I (C-4) missile on the
Trident I submarine. In preparing the report, the Secretary shall
include considerations of cost effectiveness, force structure
requirements, and future strategic flexibility of the Trident I and
Trident II submarine programs.
SEC. 124. MK-48 ADCAP TORPEDO PROGRAM.
(a) In General.--(1) The Secretary of Defense shall terminate the
MK-48 ADCAP torpedo program in accordance with this section.
(2) Except as provided in subsection (b), funds appropriated or
otherwise made available to the Department of Defense pursuant to this
or any other Act may not be obligated for the procurement of MK-48 ADCAP
torpedoes.
(b) Exceptions.--(1) The prohibition in subsection (a)(2) does not
apply to--
(A) the modification of, or the acquisition of, spare or repair
parts for MK-48 ADCAP torpedoes described in paragraph (2);
(B) completion of the procurement of MK-48 ADCAP torpedoes
described in paragraph (2)(B); and
(C) the obligation of not more than $100,125,000 from funds made
available pursuant to section 102(a) for the procurement of 108 MK-
48 ADCAP torpedoes and for payment of costs necessary to terminate
the MK-48 ADCAP procurement program.
(2) The MK-48 ADCAP torpedoes referred to in paragraph (1)(A) are--
(A) MK-48 ADCAP torpedoes acquired by the Navy on or before the
date of the enactment of this Act;
(B) MK-48 ADCAP torpedoes for which funds, other than funds for
the procurement of long lead items and other advance procurement,
were obligated before the date of the enactment of this Act and
which are delivered to the Navy on or after that date; and
(C) 108 MK-48 ADCAP torpedoes for which funds are available in
accordance with paragraph (1)(C).
SEC. 125. SSN ACOUSTICS MASTER PLAN.
(a) Master Plan.--The funds described in subsection (b)
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may not be
obligated until the Secretary of the Navy submits to the congressional
defense committees a submarine acoustics master plan. The master plan
shall include--
(1) current requirements for submarine acoustic sensors and
combat systems based on existing and future evolving missions and
environment considerations;
(2) a catalogue of existing and future sensors, technologies,
and programs and a description of their shortcomings relative to
current requirements;
(3) technology application, program plans, and costs for
remedying shortcomings in submarine acoustic sensors and combat
systems identified under paragraph (2); and
(4) a statement of the specific purposes for which the Navy
intends to obligate the funds described in subsection (b).
(b) Funds Subject to Limitation.--Subsection (a) applies to
$13,000,000 of the amount appropriated pursuant to section 102 for other
procurement for the Navy that is available for submarine acoustics.
SEC. 126. LONG-TERM LEASE OR CHARTER AUTHORITY FOR CERTAIN DOUBLE-
HULL TANKERS AND OCEANOGRAPHIC VESSELS.
(a) Authority.--The Secretary of the Navy may enter into a long-term
lease or charter for any double-hull tanker or oceanographic vessel
constructed in a United States shipyard after the date of the enactment
of this Act using assistance provided under the National Shipbuilding
Initiative.
(b) Conditions on Obligation of Funds.--Unless budget authority is
specifically provided in an appropriations Act for the lease or charter
of vessels pursuant to subsection (a), the Secretary may not enter into
a contract for a lease or charter pursuant to that subsection unless the
contract includes the following provisions:
(1) A statement that the obligation of the United States to make
payments under the contract in any fiscal year is subject to
appropriations being provided specifically for that fiscal year and
specifically for that lease or charter or that kind of vessel lease
or charter.
(2) A commitment to obligate the necessary amount for each
fiscal year covered by the contract when and to the extent that
funds are appropriated for that lease or charter, or that kind of
lease or charter, for that fiscal year.
(3) A statement that such a commitment given under paragraph (2)
does not constitute an obligation of the United States.
(c) Inapplicability of Certain Laws.--A long-term lease or charter
authorized by subsection (a) may be entered into without regard to the
provisions of section 2401 of title 10, United States Code, or section
9081 of the Department of Defense Appropriations Act, 1990 (10 U.S.C.
2401 note).
(d) Definition.--For purposes of subsection (a), the term ``long-
term lease or charter'' has the meaning given that term in subparagraph
(A) of section 2401(d)(1) of title 10, United States Code.
SEC. 127. LONG-TERM LEASE OR CHARTER AUTHORITY FOR CERTAIN ROLL-ON/
ROLL-OFF VESSELS.
(a) Authority.--The Secretary of the Navy may enter into a long-term
lease or charter for vessels described in subsection (b) without regard
to the provisions of section 2401 of title 10, United States Code, or
section 9081 of the Department of Defense Appropriations Act, 1990 (10
U.S.C. 2401 note). The authority provided in the preceding sentence may
not be exercised after June 15, 1995, to enter into a long-term lease or
charter for a vessel described in subsection (b)(1).
(b) Vessels Covered.--Subsection (a) applies to the following
vessels which are required by the Department of the Navy for
prepositioning aboard ship or related point-to-point service as follows:
(1) Not more than five roll-on/roll-off (RO/RO) vessels which
were constructed before the date of the enactment of this Act and on
which, in the case of a vessel for which work is required to make
the vessel eligible for such service and for documentation under the
laws of the United States, such work is performed in a United States
shipyard.
(2) Any roll-on/roll-off (RO/RO) vessel built after the date of
the enactment of this Act in a shipyard located in the United
States.
(c) Limitation on Source of Funds.--The Secretary may not use funds
appropriated for the National Defense Sealift program that are available
for construction of vessels to enter into a contract for a lease or
charter pursuant to subsection (a).
(d) Conditions on Obligation of Funds.--Unless budget authority is
specifically provided in an appropriations Act for the lease or charter
of vessels pursuant to subsection (a), the Secretary may not enter into
a contract for a lease or charter pursuant to that subsection unless the
contract includes the following provisions:
(1) A statement that the obligation of the United States to make
payments under the contract in any fiscal year is subject to
appropriations being provided specifically for that fiscal year and
specifically for that lease or charter or that kind of vessel lease
or charter.
(2) A commitment to obligate the necessary amount for each
fiscal year covered by the contract when and to the extent that
funds are appropriated for that lease or charter, or that kind of
lease or charter, for that fiscal year.
(3) A statement that such a commitment given under paragraph (2)
does not constitute an obligation of the United States.
(e) Renewal of Charters.--A long-term lease or charter under
subsection (a) for a vessel described in subsection (b)(1) may not be
entered into for a term of more than five years. Such a lease or charter
may only be renewed or extended subject to the restrictions and
authority provided in section 9081 of the Department of Defense
Appropriations Act, 1990 (10 U.S.C. 2401 note).
(f) Definition.--For purposes of this section, the term ``long-term
lease or charter'' has the meaning given that term in subparagraph (A)
of section 2401(d)(1) of title 10, United States Code.
SEC. 128. F-14 AIRCRAFT UPGRADE PROGRAM.
None of the funds appropriated or otherwise made available to the
Department of Defense for procurement for fiscal year 1994 may be
obligated for the F-14 aircraft upgrade program until 30 days after the
date on which the Secretary of the Navy submits to the congressional
defense committees a report on that upgrade program that includes the
following information:
(1) A description of the F-15E equivalent strike upgrade
configuration selected for the F-14D upgrade program.
(2) A schedule for conversion of the F-14D fleet to the upgraded
configuration.
(3) A description of the F-14D strike upgrade derivative
configuration selected for the F-14A or F-14B upgrade program.
(4) A schedule for conversion of the F-14A and F-14B fleet to an
upgraded configuration.
(5) The total number of F-14A and F-14B aircraft to be
converted.
(6) A funding plan for implementing the upgrade programs.
Subtitle D--Air Force Programs
SEC. 131. B-2 BOMBER AIRCRAFT PROGRAM.
(a) Amount for Program.--Of the amount appropriated pursuant to
section 103 for the Air Force for fiscal year 1994 for procurement of
aircraft, not more than $911,300,000 may be obligated for the B-2 bomber
aircraft program. Of that amount, not more than $285,100,000 may be
obligated for initial spares.
(b) Limitation on Obligation of Funds.--None of the unobligated
balances of funds appropriated for procurement of B-2 aircraft for
fiscal year 1992, fiscal year 1993, or fiscal year 1994 may be obligated
for the B-2 bomber aircraft program until--
(1) the Secretary of the Air Force--
(A) enters into a definitized production contract with the
prime contractor for air vehicles 17 through 21; or
(B) submits to the congressional defense committees a report
setting forth the reasons that such a contract cannot be entered
into; and
(2) the
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Secretary of Defense submits to those committees a
certification that the Department of the Air Force is in full
compliance with the B-2 correction-of-deficiency requirements set
forth in section 117(d) of Public Law 101-189 (103 Stat. 1376) in
all aspects of deficiency correction.
(c) Reaffirmation of Limitation on Number of B-2 Aircraft.--As
provided in section 151(c) of Public Law 102-484 (106 Stat. 2339), the
Secretary of the Air Force may not procure more than 20 deployable B-2
bomber aircraft (plus one test aircraft which may not be made
operational).
(d) Limitation on Total Program Cost.--The total amount obligated on
or after the date of the enactment of this Act (1) for research,
development, test, and evaluation for, and acquisition, modification and
retrofitting of, the B-2 bomber aircraft referred to in subsection (c),
and (2) for paying the costs associated with termination of the B-2
bomber aircraft program upon completion of the acquisition of those
aircraft may not exceed $28,968,000,000 (in fiscal year 1981 constant
dollars).
(e) Release of Prior Year Funds.--Funds previously authorized and
appropriated for procurement of the B-2 bomber aircraft program, the
obligation of which was limited by section 131(b) of Public Law 102-190
(105 Stat. 1306) or by section 151(d) of Public Law 102-484 (106 Stat.
2339), may be obligated for that program.
SEC. 132. B-1B BOMBER AIRCRAFT PROGRAM.
(a) Amount for Procurement.--Of the amount authorized to be
appropriated pursuant to section 103(1) for the Air Force for fiscal
year 1994 for procurement of aircraft, not more than $272,300,000 shall
be available for the B-1B bomber program.
(b) Requirement for Test Plan.--(1) The Secretary of the Air Force
shall develop a plan to test the operational readiness rate of one B-1B
bomber wing that could be sustained if that wing were provided the
planned complement of base-level spare parts, maintenance equipment,
maintenance manpower, and logistic support equipment.
(2) The plan shall also test the operational readiness rates of one
squadron of that wing operating at a remote operating location, for a
period of not less than two weeks, in a manner consistent with Air Force
plans for the use of B-1B bombers in a conventional conflict.
(3) The remote operating location selected for purposes of paragraph
(2) shall be at a base other than a base containing or servicing heavy
bomber aircraft.
(4) The test plan under paragraph (1) shall be designed to be
carried out over a period of not less than six months ending not later
than December 1, 1995.
(c) Report on the Test Plan.--(1) The Secretary shall submit to the
congressional defense committees a report on the proposed test plan not
later than March 31, 1994. The report shall include a copy of the
proposed test plan.
(2) The report on the test plan shall include the following
elements:
(A) A description of the plans of the Air Force for meeting the
test requirements specified in subsection (b), including the period
during which the test is proposed to be conducted under this
section.
(B) A description of the predicted contribution to mission
capable rates that planned reliability and maintenance improvements
are expected to make.
(C) A description of the predicted effects of the test on the
readiness rates of the B-1B wings not participating in the test if
the test is initiated between the date of the enactment of this Act
and June 1, 1995.
(D) The earliest date feasible for the implementation of the
test plan if a test within the period specified in the description
under subparagraph (A) is predicted under subparagraph (C) to have
an adverse effect on B-1B fleet readiness.
(d) Implementation of Test Plan.--(1) The Secretary shall notify the
congressional defense committees of the start of the test period.
(2) The Secretary shall complete the implementation of the test plan
required under subsection (b) not later than December 1, 1995.
(e) Waiver Authority.--(1)(A) The Secretary of the Air Force may
postpone implementation of the test plan to a period ending after
December 1, 1995, if the Secretary determines that, as a result of
implementing the planned test within the period specified in subsection
(b)(4), the ability of the Air Force to meet operational readiness rates
for B-1B units not participating in the test would be reduced to
unacceptable levels.
(B) If the Secretary of the Air Force proposes to use the authority
provided in subparagraph (A), the Secretary shall, before using that
authority, submit to the congressional defense committees notice in
writing of the proposed postponement of the test plan. If the test plan
report required under subsection (c) has not been submitted as of the
time of the decision to postpone implementation of the test plan, that
notice shall be submitted as part of the submission of the test plan
report.
(2)(A) The Secretary of Defense may waive implementation of the test
plan if the Secretary determines that implementing the test plan would
not be in the national security interest of the United States.
(B) If the Secretary of Defense proposes to use the waiver authority
provided in subparagraph (A), the Secretary shall, before using that
authority, submit to the congressional defense committees notice in
writing of the proposed waiver. Upon using that waiver authority, the
Secretary shall, not later than 30 days after the date on which the
waiver authority is used, submit to the congressional defense committees
a report setting forth a detailed explanation of the reasons for the
waiver.
(f) Report on Test Results.--(1) Unless the Secretary exercises the
waiver authority provided in subsection (e)(1)(B), the Secretary shall
submit to the congressional defense committees, and to the Comptroller
General of the United States, a report on the results obtained from
implementation of the test. The report shall be submitted within 90 days
after the completion of the test.
(2) The report required under paragraph (1) shall include an
assessment of--
(A) the extent to which the provision of planned spares,
maintenance manpower, and logistics support will enable the B-1B
force to achieve the planned operational readiness rate; and
(B) if the planned readiness rate cannot be achieved with the
planned level of spares, maintenance manpower, and logistics
support--
(i) an estimate of the operational readiness rate that can
be achieved with the planned level of spares, maintenance
manpower, and logistics support;
(ii) an estimate of the additional amounts of spares,
maintenance manpower, and logistics support and the added costs
thereof, to achieve the planned operational readiness rate; and
(iii) an enumeration of those specific factors limiting the
achievable operational readiness rate which it would be cost-
effective to mitigate, and the increase in operational readiness
that would result therefrom.
SEC. 133. FULL AND PROMPT ACCESS BY COMPTROLLER GENERAL TO
INFORMATION ON HEAVY BOMBER PROGRAMS.
(a) Duty of Secretary of Defense.--The Secretary of Defense shall
take all actions necessary to ensure that all components of the
Department of Defense, in providing to the Comptroller General of the
United States such access to information described in subsection (b) as
the Comptroller General may require in order to carry out the functions
of the Comptroller General, provide such access on a full and prompt
basis.
(b) Information Covered.--Subsection (a) refers to all information
(including reports and analyses) generated by or on behalf of the
Department of the Air Force (including by Air Force contractors) that
relates to (1) operation, maintenance, repair, and modernization of
heavy bombers, or (2) the plans of the Air Force for operation,
maintenance, repair, and modernization of
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heavy bombers in the future.
SEC. 134. C-17 AIRCRAFT PROGRAM PROGRESS PAYMENTS AND REPORTS.
(a) Withholding of Payments for Software Noncompliance.--In
accepting further delivery of C-17 aircraft that in accordance with
existing C-17 contracts require a waiver for software noncompliance, the
Secretary of Defense shall withhold from the unliquidated portion of the
progress payments for such aircraft an amount not less than 1 percent of
the total cost of such aircraft. The withholding shall continue until
the Secretary submits to each of the congressional committees named in
subsection (e) a report in which the Secretary certifies each of the
following:
(1) That C-17 software testing and avionics integration have
been completed.
(2) That the costs of waivers for software noncompliance have
been identified and are in accordance with the terms of existing C-
17 contracts.
(b) Correction of Wing Defects.--Within 120 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to each
of the congressional committees named in subsection (e) a report in
which the Secretary certifies that, in accordance with the terms of
existing C-17 contracts, the contractor has identified and is bearing
each of the following:
(1) The costs related to wing structural deficiencies (including
the costs of redesign, static wing failure repair, and retrofit for
existing wing sets).
(2) The costs for required redesign, retesting, and manufacture
of C-17 slats and flaps to correct identified deficiencies.
(c) Analysis of Range/Payload Deficiency.--Within 180 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to each of the congressional committees named in subsection (e) a report
containing the following:
(1) An analysis of the operational impacts caused by
deficiencies in the range/payload specification, as defined by the
C-17 Lot III production contract, including projected operational
and maintenance costs, such as the costs of required airborne
refueling due to range shortfalls.
(2) A schedule for securing from the contractor, in accordance
with the terms of existing C-17 contracts, an equitable recovery for
the operational impacts caused by deficiencies in the range/payload
specification identified in the analysis required by this section.
(d) Report Contents.--Each report required by this section shall
include an itemization of the estimated effect on total production costs
caused by software noncompliance, wing defects, or range/payload
deficiency, as applicable.
(e) Congressional Committees.--The committees of Congress to which a
report required by this section is to be submitted are the following:
(1) The Committees on Armed Services of the Senate and the House
of Representatives.
(2) The Committees on Appropriations of the Senate and the House
of Representatives.
(3) The Committee on Governmental Affairs of the Senate and the
Committee on Government Operations of the House of Representatives.
SEC. 135. LIVE-FIRE SURVIVABILITY TESTING OF THE C-17 AIRCRAFT.
Section 132(d) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2335) is amended by striking
out ``for fiscal year 1993''.
SEC. 136. INTERTHEATER AIRLIFT PROGRAM.
(a) Funding for Program.--Of the amount appropriated under section
103 for procurement of aircraft for the Air Force (or otherwise made
available for procurement of aircraft for the Air Force for fiscal year
1994), not more than $2,318,000,000 (hereinafter in this section
referred to as ``fiscal year 1994 intertheater airlift funds'') may be
made available for the Intertheater Airlift Program, including the C-17
aircraft program. Of that amount--
(1) not more than $1,730,000,000 may be made available for
procurement for the C-17 aircraft program (other than for advanced
procurement and procurement of spare parts), except as such amount
may be increased pursuant to paragraph (4);
(2) not more than $188,000,000 may be made available for
advanced procurement for the C-17 aircraft program;
(3) not more than $100,000,000 may be made available for
procurement of nondevelopmental wide-body military or commercial
cargo variant aircraft as a complement to the C-17 aircraft, except
as such amount may be increased pursuant to paragraph (4); and
(4) subject to subsection (h), not more than $300,000,000 may be
made available for procurement either as specified in paragraph (1)
or as specified in paragraph (3), in addition to the amount
specified in that paragraph.
(b) Use of Funds.--(1) Using fiscal year 1994 intertheater airlift
funds and subject to the limitations in subsection (a), the Secretary of
Defense shall do the following:
(A) Procure C-17 aircraft.
(B) Initiate procurement of nondevelopmental aircraft as a
complement to the C-17 aircraft, selected as provided in paragraph
(3).
(2) Using fiscal year 1994 intertheater airlift funds and subject to
the limitations in subsection (a), the Secretary shall develop an
acquisition plan leading to procurement as an airlift aircraft
complementary to the C-17 aircraft of either--
(A) a nondevelopmental, wide-body military airlift aircraft; or
(B) a nondevelopmental commercial wide-body cargo variant
aircraft.
(3) The Secretary shall choose which, or what mix, of the options
specified in paragraph (2) best supports intertheater airlift
requirements.
(c) Fiscal Year 1994 Limitation.--Amounts appropriated under section
103 for procurement of aircraft for the Air Force (or otherwise made
available for procurement of aircraft for the Air Force for fiscal year
1994) may not be obligated for procurement of C-17 aircraft (other than
for advanced procurement) until--
(1) each limitation and requirement set forth in subsections
(b), (c), (d), and (f) of section 134 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2335) has been satisfied; and
(2) the Secretary of Defense submits to the congressional
defense committees a report on the C-17 acquisition program that
contains--
(A) the results of the special Defense Acquisition Board
review of the program, to include specific changes to
requirements recommended by the Joint Requirements Oversight
Council (JROC);
(B) a discussion of the corrective actions to be taken by
the Air Force with regard to such program;
(C) a proposed resolution of outstanding contractor claims
and any requested legislation relating to those claims;
(D) a discussion of the corrective actions to be taken by
the contractor with regard to such program; and
(E) the findings and recommendations of the special Defense
Science Board group resulting from the investigation of the
program by that group.
(d) Fiscal Year 1995 Limitation.--The Secretary of Defense may not
obligate any funds that may be appropriated for the Department of
Defense for fiscal year 1995 that are made available for the C-17
aircraft program (other than funds made available for advanced
procurement) until the Secretary submits to the congressional defense
committees a report containing a review (based on an analysis by a
federally funded research and development center) of the airlift
requirements of the Armed Forces. The review shall reflect consideration
of each of the following:
(1) The changes in total airlift requirements of the Armed
Forces resulting from the disintegration of the Warsaw Pact and
Soviet Union that eliminate any major trans-Atlantic airlift
requirement for Europe.
(2) The change in airlift requirements of the Armed Forces from
requirements for airlift of large quantities of outsize
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cargo for
reenforcement of North Atlantic Treaty Organization forces to
requirements for airlift in connection with such lesser regional
contingencies and humanitarian operations as Operation Desert
Shield, Operation Desert Storm, and Operation Restore Hope.
(3) The potential contribution that planned strategic sealift
improvements can make toward--
(A) reducing the total demand for airlift; and
(B) changing the type of cargo that airlift aircraft must
carry.
(4) The declining demand for the conduct of airlift operations
in austere airfield environments.
(5) The trade-off between purchasing the type of additional
capability that the C-17 aircraft can provide and purchasing and
using additional support equipment that would increase the cargo
airlift capacity of alternative cargo aircraft.
(e) Limitation on Acquisition of More Than Four C-17 Aircraft.--The
Secretary of Defense may not obligate C-17 production funds (as defined
in subsection (i)) to produce more than four C-17 aircraft until the
program meets the following milestones:
(1) Clearance of flight envelope with respect to altitude and
speed.
(2) Takeoff of aircraft at gross weight of 580,000 pounds and
160,000 pounds payload within a critical field length of 8,500 feet
at sea level and 90 degrees Fahrenheit day conditions (or equivalent
results under other conditions).
(3) Backing aircraft up a two degree slope with a gross weight
of 510,000 pounds.
(4) Unassisted 180 degree turn of aircraft on paved runway of
load classification group IV in less than 90 feet, using three
maneuvers.
(5) Completion of static article ultimate load (150 percent of
design limit load) test condition S.P. 5030 for wing up bending.
(6) Completion of electromagnetic radiation, electromagnetic
compatibility, and lightening tests.
(7) Low velocity air drop of 5,000-pound, 8-foot length
platform.
(8) Sequential air drop of multiple simulated paratroop dummies
from both paratroop doors.
(9) A minimum unit equivalent assembly rate of 6.0 assemblies
per year, as measured by the ratio of annualized standard hours
earned to that required to assemble one aircraft from beginning of
assembly to the completion of assembly before movement to the ramp
at the prime contractor's facilities.
(10) For all aircraft scheduled for delivery in the prior six-
month period, delivery of each aircraft within one month of
scheduled delivery date.
(f) Limitation on Acquisition of More Than Six C-17 Aircraft.--The
Secretary of Defense may not obligate C-17 production funds (as defined
in subsection (i)) to produce more than six aircraft for a fiscal year
after fiscal year 1995 until the program meets the following milestones
(in addition to the milestones specified in subsection (e)):
(1) Clearance of flight envelope with respect to loads.
(2) Estimate of payload meets 95 percent of the requirement
provided in the full-scale development contract for the key
performance parameters for payload-to-range systems performance.
(3) Operational clearance for aircraft to be air refueled from
operational KC-10 and KC-135 aircraft at standard Air Force
refueling speeds for the specific tanker in a single receiver
formation.
(4) Demonstration of combat offload with two 463L pallets using
the air delivery system rails.
(5) Airdrop of 70 paratroopers on one pass, using both paratroop
doors.
(6) Low velocity air drop of 30,000-pound, 24-foot length
platform.
(g) Limitation on Acquisition of More Than Six C-17 Aircraft.--The
Secretary of Defense may not obligate C-17 production funds (as defined
in subsection (i)) to produce more than six C-17 aircraft for a fiscal
year after fiscal year 1996 until the program meets the following
milestones (in addition to the milestones specified in subsections (e)
and (f)):
(1) Estimate of payload meets 97.5 percent of the requirement
provided in the full-scale development contract for the key
performance parameters for payload-to-range systems performance.
(2) Landing of aircraft with a payload of 160,000 pounds and
fuel necessary to fly 300 nautical miles on a 3,000-foot long, 90-
foot wide, and load classification group IV runway at sea level, 90
degrees Fahrenheit day conditions (or equivalent results under other
conditions).
(3) Low altitude parachute extraction system delivery of a
20,000-pound cargo.
(4) Simultaneous and sequential container delivery system
airdrop of 30 bundles.
(5) Low velocity air drop of 42,000-pound platform.
(6) Satisfactory completion of one lifetime of testing of
durability article.
(7) Air vehicle mean time between removal at cumulative flying
hours to date of measurement indicates that the mature requirement
established in the full-scale development contract will be met.
(h) Funding Out of Intertheater Airlift Program.--Fiscal year 1994
intertheater airlift funds that are referred to in paragraph (4) of
subsection (a) may be made available by the Secretary of Defense for
procurement for the C-17 program, or for procurement for the
complementary nondevelopmental wide-body aircraft, only after--
(1) the Secretary of Defense--
(A) submits the report on the C-17 program specified in
subsection (c)(2);
(B) determines whether procurement of two additional C-17
aircraft would contribute more to intertheater lift
modernization than procurement of additional complementary
nondevelopment wide-body aircraft at the same funding level; and
(C) submits to the congressional defense committees notice
of the determination described in subparagraph (B) along with
notification of the Secretary's intent to transfer up to
$300,000,000 as provided in subsection (a)(4) either to the C-17
program or to the nondevelopmental aircraft program specified in
subsection (a)(3); and
(2) a period of 30 days has elapsed after the submission of the
report referred to in paragraph (1)(A) and the notification required
by paragraph (1)(C).
(i) C-17 Production Funds Defined.--For purposes of this section,
the term ``C-17 production funds'' means funds appropriated for the
Department of Defense for a fiscal year after fiscal year 1993 that are
made available for the intertheater airlift program, including the C-17
aircraft program (other than funds made available for advanced
procurement).
SEC. 137. USE OF F-16 AIRCRAFT ADVANCE PROCUREMENT FUNDS FOR PROGRAM
TERMINATION COSTS.
(a) Funds for Program Termination Costs.--Of the amount provided in
section 103 for procurement of aircraft for the Air Force, the amount of
$70,800,000 shall be available only for program termination costs for
the F-16 aircraft program.
(b) Prohibition of Funds for Advance Procurement.--None of the funds
appropriated pursuant to section 103 for procurement of aircraft for the
Air Force shall be available for advance procurement of F-16 aircraft
for fiscal year 1995.
SEC. 138. TACTICAL SIGNALS INTELLIGENCE AIRCRAFT.
(a) Fiscal Year 1994 Funding.--Of the amount authorized to be
appropriated for procurement for Defense-wide activities in section 104,
$161,225,000 shall be available for tactical signals intelligence
aircraft programs as follows:
(1) $34,225,000 for the EP-3 Aries II Phase I modification
program.
(2) $33,800,000 for the RC-135 Rivet Joint Block III Baseline
Six modification program.
(3) $93,200,000 for a nondevelopmental testbed aircraft
incorporating ARSP SIGINT upgrade program architecture.
(b) Prior Year Funds.--(1) Section 141 of Public Law 102-484 (106
Stat. 2338) is repealed.
(2) Amounts made available pursuant
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to section 141 of Public Law
102-484 that remain available for obligation shall be available for the
fiscal year 1993 EP-3 Aries II Phase I modification program and the RC-
135 Rivet Joint Block III Baseline Six modification program as provided
for in the budget for fiscal year 1993 submitted to Congress pursuant to
section 1105 of title 31, United States Code.
(c) Limitation.--None of the funds referred to in subsection (a) or
(b) may be used for any purpose other than the EP-3 and RC-135 aircraft
upgrade programs identified in those subsections.
SEC. 139. C-135 AIRCRAFT PROGRAM.
(a) Fiscal Year 1994 Funds.--Of the funds authorized to be
appropriated in section 103 for procurement of aircraft for the Air
Force for fiscal year 1994, $48,000,000 shall be available for
reengining two KC-135E aircraft.
(b) Fiscal Year 1993 Funds.--Of the funds available for C-135 series
aircraft modifications for fiscal year 1993 that remain available for
obligation, $100,900,000 shall be available for reengining four KC-135E
aircraft.
Subtitle E--Other Matters
SEC. 151. ALQ-135 JAMMER DEVICE.
Section 182(b)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1508) isP amended by
striking out ``meets or exceeds all operational criteria established for
the program'' and inserting in lieu thereof ``is operationally effective
and suitable''.
SEC. 152. GLOBAL POSITIONING SYSTEM.
(a) Program Study Required.--(1) The Secretary of Defense shall
provide for an independent study to be conducted on the management and
funding of the Global Positioning System program for the future.
(2) With the agreement of the National Academy of Sciences and the
National Academy of Public Administration, the study shall be conducted
jointly by those organizations.
(3) Of the amounts authorized to be appropriated to the Department
of Defense for fiscal year 1994 and made available for procurement of
Global Positioning System user equipment, for procurement of spacecraft,
or for operations and maintenance, up to $3,000,000 may be used for
carrying out the study required by paragraph (1).
(b) Limitation on Procurement of Systems Not GPS-Equipped.--After
September 30, 2000, funds may not be obligated to modify or procure any
Department of Defense aircraft, ship, armored vehicle, or indirect-fire
weapon system that is not equipped with a Global Positioning System
receiver.
(c) Report.--(1) Not later than May 1, 1994, the Secretary of
Defense shall submit to the committees specified in paragraph (3) a
report on the Global Positioning System. The report shall include a
description of each of the following:
(A) The threats, if any, to the health and safety of United
States military forces, allied military forces, and the United
States and allied civilian populations, and the threats, if any, of
damage to property within the United States and allied countries,
that will result by the year 2000 from Global Positioning System
navigation signals, local and wide-area differential navigation
correction signals, kinematic differential correction signals, and
commercially available map products based on the Global Positioning
System.
(B) The threat, if any, to civil aviation and other
transportation operations that will result by the year 2000 from the
signal jamming, deception, and other disruptive effects of Global
Positioning System navigation signals.
(C) The actions, if any, that can be taken to eliminate or
mitigate such threats.
(D) The modifications, if any, of the Global Positioning System
and derivative systems that can be made to eliminate or
significantly reduce such threats, or to increase the ability of the
Department of Defense to mitigate such threats, without interfering
with authorized and peaceful uses of the Global Positioning System.
(2) The report under paragraph (1) shall be prepared in coordination
with the Director of Central Intelligence.
(3) The committees referred to in paragraph (1) are--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate.
SEC. 153. RING LASER GYRO NAVIGATION SYSTEMS.
None of the funds appropriated for fiscal year 1993 or fiscal year
1994 for procurement for the Navy may be obligated or expended for the
procurement of ring laser gyro navigation systems for surface ships
under a sole-source contract.
SEC. 154. OPERATIONAL SUPPORT AIRCRAFT.
(a) Limitation.--None of the funds appropriated for the Department
of Defense for fiscal year 1994 may be obligated for a procurement of
any operational support aircraft without full and open competition (as
defined in section 2302(3) of title 10, United States Code) unless the
Under Secretary of Defense for Acquisition and Technology certifies to
the congressional defense committees that the procurement is within an
exception set forth in section 2304(c) of title 10, United States Code.
(b) Airlift Study.--Of the funds appropriated pursuant to section
106, not more than $50,000,000 may be obligated to procure operational
support airlift aircraft. None of those funds may be obligated until 60
days after the date on which the study required by subsection (c) is
transmitted to the congressional defense committees.
(c) Study Required.--The Secretary of Defense shall undertake a
study of operational support airlift aircraft and administrative
transport airlift aircraft operated by reserve components of the
Department of Defense.
(d) Study Requirements.--The study required by subsection (c) shall
include the following:
(1) An inventory of all operational support airlift aircraft and
administrative transport airlift aircraft.
(2) The peacetime utilization rate of such aircraft.
(3) The wartime mission of such aircraft.
(4) The need for such aircraft for the future base force.
(5) The current age, projected service life, and programmed
retirement date for such aircraft.
(6) A list of aircraft programmed in the current future-years
defense program to be purchased or to be transferred from the active
components to the reserve components.
(7) The funds programmed in the current future-years defense
program for procurement of replacement operational support and
administrative transport airlift aircraft, and the acquisition
strategy proposed for each type of replacement aircraft so
programmed.
(e) Definition.--For purposes of this section, the term ``future-
years defense program'' means the future-years defense program submitted
to Congress pursuant to section 221 of title 10, United States Code.
SEC. 155. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PROGRAM.
(a) Submission of Reports on Alternative Technologies.--Section
173(b)(1) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2343) is amended by striking out the
period at the end and inserting in lieu thereof ``and a period of 60
days has passed following the submission of the report. During such 60-
day period, each Chemical Demilitarization Citizens' Advisory Commission
in existence on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1994 may submit such comments on the
report as it considers appropriate to the Committees on Armed Services
of the Senate and House of Representatives.''.
(b) Extension of Deadline for Submission of Revised Concept Plan.--
Section 175(d) of such Act (106 Stat. 2344) is amended by striking out
``not later than 180 days'' and all that follows and inserting in lieu
thereof ``during the 120-day period beginning at the end of the 60-day
period following the submission of the report of th
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e Secretary required
under section 173.''.
SEC. 156. CHEMICAL MUNITIONS DISPOSAL FACILITIES, TOOELE ARMY DEPOT,
UTAH.
(a) Limitation Pending Certification.--After January 1, 1994, none
of the funds appropriated to the Department of Defense for fiscal year
1993 or 1994 may be obligated for the systemization of chemical
munitions disposal facilities at Tooele Army Depot, Utah, until the
Secretary of Defense submits to Congress a certification described in
subsection (b).
(b) Certification Requirement.--A certification referred to in
subsection (a) is a certification submitted by the Secretary of Defense
to Congress that--
(1) the operation of the chemical munitions disposal facilities
at Tooele Army Depot will not jeopardize the health, safety, or
welfare of the community surrounding Tooele Army Depot; and
(2) adequate base support, management, oversight, and security
personnel to ensure the public safety in the operation of chemical
munitions disposal facilities constructed and operated at Tooele
Army Depot will remain at that depot while chemical munitions
storage or disposal activities continue.
(c) Supporting Report.--The Secretary of Defense shall include with
a certification under this section a report specifying all base support,
management, oversight, and security personnel to be retained at Tooele
Army Depot after the realignment of that depot is completed.
SEC. 157. AUTHORITY TO CONVEY LOS ALAMOS DRY DOCK.
(a) Authority.--The Secretary of the Navy may convey to the
Brownsville Navigation District of Brownsville, Texas, all right, title,
and interest of the United States in and to the dry dock designated as
Los Alamos (AFDB7).
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Brownsville Navigation District shall permit the
Secretary of the Navy--
(1) to use real property which is (A) located on and near a ship
channel, (B) under the ownership or control of the Brownsville
Navigation District, and (C) not used by the Brownsville Navigation
District, except that such use shall be only for training purposes
and shall be permitted for a five-year period beginning on the date
of the transfer;
(2) to use such property under paragraph (1) without
reimbursement from the Secretary of the Navy; and
(3) to use the dock for dockage services, without reimbursement
from the Secretary of the Navy, except that such use shall be for
not more than 45 days each year during the period referred to in
paragraph (1) and shall be subject to all applicable Federal and
State laws, including laws on maintenance and dredging.
(c) Extension of Use.--At the end of the five-year period referred
to in subsection (b)(1), the Secretary of the Navy and the chief
executive officer of the Brownsville Navigation District may enter into
an agreement to extend the period during which the Secretary may use
real property and dockage under subsection (b).
(d) Condition.--As a condition of the conveyance authorized by
subsection (a), the Secretary shall enter into an agreement with the
Brownsville Navigation District under which the Brownsville Navigation
District agrees to hold the United States harmless for any claim arising
with respect to the drydock after the conveyance of the drydock other
than as a result of use of the dock by the Navy pursuant to subsection
(b) or an agreement under subsection (c).
SEC. 158. SALES AUTHORITY OF CERTAIN WORKING-CAPITAL FUNDED
INDUSTRIAL FACILITIES OF THE ARMY.
(a) In General.--(1) Chapter 433 of title 10, United States Code, is
amended by adding at the end the following new section:
``§4543. Army industrial facilities: sales of manufactured articles
or services outside Department of Defense
``(a) Authority To Sell Outside DOD.--Regulations under section
2208(h) of this title shall authorize a working-capital funded Army
industrial facility (including a Department of the Army arsenal) that
manufactures large caliber cannons, gun mounts, recoil mechanisms,
ammunition, munitions, or components thereof to sell manufactured
nondefense-related commercial articles or services to a person outside
the Department of Defense if--
``(1) in the case of an article, the article is sold to a United
States manufacturer, assembler, developer, or other concern--
``(A) for use in developing new products;
``(B) for incorporation into items to be sold to, or to be
used in a contract with, an agency of the United States;
``(C) for incorporation into items to be sold to, or to be
used in a contract with, or to be used for purposes of
soliciting a contract with, a friendly foreign government; or
``(D) for use in commercial products;
``(2) in the case of an article, the purchaser is determined by
the Department of Defense to be qualified to carry out the proposed
work involving the article to be purchased;
``(3) the sale is to be made on a basis that does not interfere
with performance of work by the facility for the Department of
Defense or for a contractor of the Department of Defense; and
``(4) in the case of services, the services are related to an
article authorized to be sold under this section and are to be
performed in the United States for the purchaser.
``(b) Additional Requirements.--The regulations shall also--
``(1) require that the authority to sell articles or services
under the regulations be exercised at the level of the commander of
the major subordinate command of the Army with responsibility over
the facility concerned;
``(2) authorize a purchaser of articles or services to use
advance incremental funding to pay for the articles or services; and
``(3) in the case of a sale of commercial articles or commercial
services in accordance with subsection (a) by a facility that
manufactures large caliber cannons, gun mounts, or recoil
mechanisms, or components thereof, authorize such facility--
``(A) to charge the buyer, at a minimum, the variable costs
that are associated with the commercial articles or commercial
services sold;
``(B) to enter into a firm, fixed-price contract or, if
agreed by the buyer, a cost reimbursement contract for the sale;
and
``(C) to develop and maintain (from sources other than
appropriated funds) working capital to be available for paying
design costs, planning costs, procurement costs, and other costs
associated with the commercial articles or commercial services
sold.
``(c) Relationship to Arms Export Control Act.--Nothing in this
section shall be construed to affect the application of the export
controls provided for in section 38 of the Arms Export Control Act (22
U.S.C. 2778) to items which incorporate or are produced through the use
of an article sold under this section.
``(d) Definitions.--In this section:
``(1) The term `commercial article' means an article that is
usable for a nondefense purpose.
``(2) The term `commercial service' means a service that is
usable for a nondefense purpose.
``(3) The term `advance incremental funding', with respect to a
sale of articles or services, means a series of partial payments for
the articles or services that includes--
``(A) one or more partial payments before the commencement
of work or the incurring of costs in connection with the
production of the articles or the performance of the services,
as the case may be; and
``(B) subsequent progress payments that result in full
payment being completed as the required work is being completed.
``(4) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to fluctuate
directly with t
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he volume of sales and--
``(A) in the case of articles, the volume of production
necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the services
sold.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4543. Army industrial facilities: sales of manufactured articles or
services outside Department of Defense.''.
(b) Conforming Amendment.--Subsection (i) of section 2208 of such
title is amended to read as follows:
``(i) For provisions relating to sales outside the Department of
Defense of manufactured articles and services by a working-capital
funded Army industrial facility (including a Department of the Army
arsenal) that manufactures large caliber cannons, gun mounts, recoil
mechanisms, ammunition, munitions, or components thereof, see section
4543 of this title.''.
(c) Deadline for Regulations.--Regulations under subsection (b) of
section 4543 of title 10, United States Code, as added by subsection
(a), shall be prescribed not later than 30 days after the date of the
enactment of this Act.
SEC. 159. SPACE-BASED MISSILE WARNING AND SURVEILLANCE PROGRAMS.
(a) Amount for Programs.--Of the amounts authorized to be
appropriated by section 104, not to exceed $801,900,000 shall be
available for space-based missile warning and surveillance programs.
(b) Transfer Authority.--To the extent provided in appropriations
Acts, during fiscal year 1994 funds may be transferred from the amount
available for space-based missile warning and surveillance programs
pursuant to subsection (a) to programs specified in subsection (c) as
follows:
(1) Before March 1, 1994, up to $250,000,000.
(2) On or after March 1, 1994, any unobligated amount remaining
for space-based missile warning and surveillance programs pursuant
to subsection (a).
(c) Programs To Which Transferred.--A transfer under subsection (b)
may be made to any of the following programs:
(1) The Follow-on Early Warning System.
(2) The Defense Support Program.
(3) The Brilliant Eyes Program.
(4) The Cobra Ball Upgrade Program.
(d) Relationship to Other Transfer Authority.--The authority to make
transfers under subsection (b) is in addition to the authority provided
in section 1101.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the use of the Department of Defense for research, development,
test, and evaluation, as follows:
(1) For the Army, $5,197,467,000.
(2) For the Navy, $8,376,737,000.
(3) For the Air Force, $12,289,211,000.
(4) For Defense-wide activities, $9,042,949,000, of which--
(A) $242,592,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $12,650,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1994.--Of the amounts authorized to be appropriated
by section 201, $4,283,935,000 shall be available for basic research and
exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--For
purposes of this section, the term ``basic research and exploratory
development'' means work funded in program elements for defense research
and development under Department of Defense category 6.1 or 6.2.
SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.
Of the amounts authorized to be appropriated by section 201,
$150,000,000 shall be available for the Strategic Environmental Research
and Development Program.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. KINETIC ENERGY ANTISATELLITE PROGRAM.
(a) Conversion of Program.--The Secretary of Defense shall convert
the Kinetic Energy Antisatellite (KE-ASAT) Program to a tactical
antisatellite technologies program.
(b) Level Funding.--Of the amounts authorized to be appropriated in
this title, $10,000,000 shall be available for fiscal year 1994 for
engineering development under the program.
(c) Development of Most Critical Technologies.--The amount referred
to in subsection (b) shall be available for engineering development of
the most critical antisatellite technologies.
(d) Limitation Pending Submission of Report.--No funds appropriated
to the Department of Defense for fiscal year 1994 may be obligated for
the Kinetic Energy Antisatillite (KE-ASAT) program until the Secretary
of Defense submits to Congress the report required by section 1363 of
the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2560) that contains, in addition to the matter
required by such section, the Secretary's certification that there is a
requirement for an antisatellite program.
SEC. 212. B-1B BOMBER PROGRAM.
Of the amount authorized to be appropriated pursuant to section 201
for the Air Force for fiscal year 1994, not more than $49,000,000 shall
be available for the B-1B bomber program.
SEC. 213. SPACE LAUNCH MODERNIZATION PLAN.
(a) Plan Required.--(1) The Secretary of Defense shall develop a
plan that establishes and clearly defines priorities, goals, and
milestones regarding modernization of space launch capabilities for the
Department of Defense or, if appropriate, for the Government as a whole.
The plan shall specify whether the Secretary intends to allocate funds
for a new space launch vehicle or other major space launch development
initiative in the next future-years defense program submitted pursuant
to section 221 of title 10, United States Code.
(2) The plan shall be developed in consultation with the Director of
the Office of Science and Technology Policy.
(3) The Secretary shall submit the plan to Congress at the same time
in 1994 that the Secretary submits to Congress the next future-years
defense program.
(b) Allocation of Funds.--Of the amount authorized to be
appropriated in section 201, $35,000,000 shall be available through the
Office of the Undersecretary of Defense for Acquisition and Technology
for research, development, test, and evaluation of new non-man-rated
space launch systems and technologies. None of that amount may be
obligated or expended for any operational United States space launch
vehicle system in existence as of the date of the enactment of this Act.
Of that amount--
(1) $17,000,000 shall be available for the single-stage rocket
technology (SSRT) program, including--
(A) completion of phase one of the SSRT program begun in the
Ballistic Missile Defense Office;
(B) concept studies for new reusable space launch vehicles;
(C) data base development on domestic and foreign launch
systems to support design-to-cost, engine development, and
reduced life-cycle costs; and
(D) examination of reusable engine thrust chamber component
applications to achieve advanced producibility, cost, and
durability information needed for improved designs; and
(2) $18,000,000 shall be available for similar tasks related to
expendable launch vehicles, including--
(A) concept studies for new expendable space launch
vehicles;
(B) data base development on domestic and foreign launch
systems to support design-to-cost, engine development, and
reduced life-cycle costs; and
(C) examination of expendable engine thrust chamber
component applications to achieve advanced producibility, cost,
and durability information needed for improved designs.
(c) Requirements Regarding Development of New Launch Vehicles.--If
the space launch plan under subsection (a) identifies a new, non-man-
rated expendable or reusable
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launch vehicle technology for development
or acquisition, the Secretary shall explore innovative government-
industry funding, management, and acquisition strategies to minimize the
cost and time involved.
(d) Cost Reduction Requirement.--The plan shall provide for a means
of reducing the cost of producing existing launch vehicles at current
and projected production rates below the current estimates of the costs
for those production rates.
(e) Study of Differences Between United States and Foreign Space
Launch Vehicles.--(1) The Secretary of Defense shall conduct a
comprehensive study of the differences between existing United States
and foreign expendable space launch vehicles in order--
(A) to identify specific differences in the design, manufacture,
processing, and overall management and infrastructure of such space
launch vehicles; and
(B) to determine the approximate effect of the differences on
the relative cost, reliability, and operational efficiency of such
space launch vehicles.
(2) The Secretary shall consult with the Administrator of the
National Aeronautics and Space Administration and, as appropriate, the
heads of other Federal agencies and appropriate personnel of United
States industries and academic institutions in carrying out the study.
(3) The Secretary shall submit to Congress a report of the results
of the study no later than October 1, 1994.
SEC. 214. MEDICAL COUNTERMEASURES AGAINST BIOWARFARE THREATS.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2370 the following new section:
``§2370a. Medical countermeasures against biowarfare threats:
allocation of funding between near-term and other threats
``(a) Allocation Between Near-Term and Other Threats.--Of the funds
appropriated or otherwise made available for any fiscal year for the
medical component of the Biological Defense Research Program (BDRP) of
the Department of Defense --
``(1) not more than 80 percent may be obligated and expended for
product development, or for research, development, test, or
evaluation, of medical countermeasures against near-term validated
biowarfare threat agents; and
``(2) not more than 20 percent may be obligated or expended for
product development, or for research, development, test, or
evaluation, of medical countermeasures against mid-term or far-term
validated biowarfare threat agents.
``(b) Definitions.--In this section:
``(1) The term `validated biowarfare threat agent' means a
biological agent that--
``(A) is named in the biological warfare threat list
published by the Defense Intelligence Agency; and
``(B) is identified as a biowarfare threat by the Deputy
Chief of Staff of the Army for Intelligence in accordance with
Army regulations applicable to intelligence support for the
medical component of the Biological Defense Research Program.
``(2) The term `near-term validated biowarfare threat agent'
means a validated biowarfare threat agent that has been, or is
being, developed or produced for weaponization within 5 years, as
assessed and determined by the Defense Intelligence Agency.
``(3) The term `mid-term validated biowarfare threat agent'
means a validated biowarfare threat agent that is an emerging
biowarfare threat, is the object of research by a foreign threat
country, and will be ready for weaponization in more than 5 years
and less than 10 years, as assessed and determined by the Defense
Intelligence Agency.
``(4) The term `far-term validated biowarfare threat agent'
means a validated biowarfare threat agent that is a future
biowarfare threat, is the object of research by a foreign threat
country, and could be ready for weaponization in more than 10 years
and less than 20 years, as assessed and determined by the Defense
Intelligence Agency.
``(5) The term `weaponization' means incorporation into usable
ordnance or other militarily useful means of delivery.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2370 the following new item:
``2370a. Medical countermeasures against biowarfare threats: allocation
of funding between near-term and other threats.''.
SEC. 215. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Centers Covered.--Funds appropriated or otherwise made available
for the Department of Defense for fiscal year 1994 pursuant to an
authorization of appropriations in section 201 may be obligated to
procure work from a federally funded research and development center
only in the case of a center named in the report required by subsection
(b) and, in the case of such a center, only in an amount not in excess
of the amount of the proposed funding level set forth for that center in
such report.
(b) Report on Allocations for Centers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report containing--
(1) the name of each federally funded research and development
center from which work is proposed to be procured for the Department
of Defense for fiscal year 1994; and
(2) for each such center, the proposed funding level and the
estimated personnel level for fiscal year 1994.
The total of the proposed funding levels set forth in the report for all
federally funded research and development centers may not exceed the
amount set forth in subsection (d).
(c) Limitation Pending Submission of Report.--No funds appropriated
or otherwise made available for the Department of Defense for fiscal
year 1994 may be obligated to obtain work from a federally funded
research and development center until the Secretary of Defense submits
the report required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated to the
Department of Defense for research, development, test, and evaluation
for fiscal year 1994 pursuant to section 201, not more than a total of
$1,352,650,000 may be obligated to procure services from the federally
funded research and development centers named in the report required by
subsection (b).
(e) Authority To Waive Funding Limitation.--The Secretary of Defense
may waive the limitation regarding the maximum funding 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 congressional defense
committees notice of the proposed waiver and the reasons for the waiver.
The waiver may then be made only after the end of the 60-day period that
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 period and notifies the
congressional defense committees of that determination and the reasons
for the determination.
(f) Undistributed Reduction.--The total amount authorized to be
appropriated for research, development, test, and evaluation in section
201 is hereby reduced by $200,000,000.
SEC. 216. DEMONSTRATION PROGRAM FOR BALLISTIC MISSILE POST-LAUNCH
DESTRUCT MECHANISM.
(a) Demonstration Program.--The Secretary of Defense shall conduct a
demonstration program to develop and test a ballistic missile post-
launch destruct mechanism. The program shall be carried out through the
Advanced Research Projects Agency.
(b) Funding.--The amount expended for the demonstration program may
not exceed $15,000,000. Subject to the provisions of appropriations
Acts, the Secretary may provide $5,000,000 for the program from
unexpended balances remaining available for obligation from funds
appropriated to the
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Department of Defense for fiscal year 1993.
(c) Waiver.--The Secretary of Defense may waive the requirement to
conduct a demonstration program under subsection (a) if the Secretary
certifies to the congressional defense committees that conducting such a
program is not in the national security interest of the United States.
SEC. 217. HIGH PERFORMANCE COMPUTING AND COMMUNICATION INITIATIVE.
(a) Independent Study.--Within 30 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Director of the Office of Science and Technology Policy, shall
request the National Research Council (NRC) to conduct a comprehensive
study of the inter-agency High Performance Computing and Communications
Initiative (HPCCI).
(b) Matters To Be Included.--The study shall address (at a minimum)
the following aspects of the High Performance Computing and
Communications Initiative:
(1) The basic underlying rationale for the program, including
the appropriate balance between Federal efforts and private sector
efforts.
(2) The appropriateness of the goals and directions of the
program.
(3) The balance between various elements of the program.
(4) The likelihood that the various goals of the program will be
achieved.
(5) The effectiveness of the mechanisms for obtaining the views
of industry and the views of users for the planning and
implementation of the program.
(6) The management and coordination of the program.
(7) The relationship of the program to other Federal support of
high performance computing and communications, including acquisition
of high performance computers by Federal departments and agencies in
support of the mission needs of such departments and agencies.
(c) Cooperation With Study.--The Director of the Office of Science
and Technology Policy shall direct all relevant Federal agencies to
cooperate fully with the National Research Council in all aspects of
this study. The heads of Federal agencies receiving the directive shall
cooperate in accordance with the provisions of the directive.
(d) Funding.--The Secretary shall make available from funds
available for the High Performance Computing and Communications Program
of the Department of Defense amounts not to exceed $500,000 for the
National Research Council to conduct the study under subsection (a).
(e) Reports.--The Secretary of Defense shall include in an agreement
with the National Academy of Sciences that provides for the study, a
requirement that the National Research Council submit an interim report
and a final report on the results of the study to the Secretary of
Defense and to the Director of the Office of Science and Technology
Policy. The interim report shall be submitted not later than July 1,
1994, and the final report shall be submitted not later than February 1,
1995. Promptly after receiving the reports, the Director of the Office
of Science and Technology Policy shall submit the reports to Congress
and may submit with the reports such additional comments as the Director
considers appropriate. The reports shall be submitted to Congress in
unclassified form with classified annexes as necessary.
SEC. 218. SUPERCONDUCTING MAGNETIC ENERGY STORAGE (SMES) PROGRAM.
(a) Program Office.--The Secretary of Defense shall establish within
the Department of the Navy a program office to facilitate research and
design studies leading to possible construction of Superconducting
Magnetic Energy Storage (SMES) test models.
(b) Funding.--Immediately upon enactment of this Act, the Secretary
of Defense shall transfer from the Defense Nuclear Agency to the
Department of the Navy any funds appropriated for fiscal years before
fiscal year 1994 that were designated for the Superconducting Magnetic
Energy Storage Project that remain available for obligation. Those funds
shall be obligated for (1) continued work for experiments and studies
described in section 218(b)(4) of the National Defense Authorization Act
of 1993 (Public Law 102-484; 106 Stat. 2353), and (2) study of
alternative SMES designs.
(c) Coordination With Department of Energy.--Research work of the
Department of the Navy described in subsection (a) shall be coordinated
with emerging Superconducting Magnetic Energy Storage research being
carried out within the Department of Energy.
(d) Deadline.--The office referred to in subsection (a) shall be
created and staffed not later than 30 days after the date of the
enactment of this Act.
SEC. 219. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.
Notwithstanding section 122 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2334), the
Secretary of Defense may carry out material procurement, logistics
support, and integration of existing Advanced Self Protection Jammer
systems from Department of Defense inventory into the F-14D aircraft for
testing and evaluation using funds appropriated to the Department of
Defense for fiscal year 1993 and prior years.
SEC. 220. ELECTRONIC COMBAT SYSTEMS TESTING.
(a) Detailed Test and Evaluation Before Initial Low-Rate
Production.--The Secretary of Defense shall ensure that any electronic
combat system and any command, control, and communications
countermeasure system is authorized to proceed into the low-rate initial
production stage only upon the completion of an appropriate, rigorous,
and structured test and evaluation regime. Such a regime shall include
testing and evaluation at each of the following types of facilities:
computer simulation and modeling facilities, measurement facilities,
system integration laboratories, simulated threat hardware-in-the-loop
test facilities, installed system test facilities, and open air ranges.
(b) Timely Test and Evaluation Required.--The Secretary shall ensure
that test and evaluation of a system as required by subsection (a) is
conducted sufficiently early in the development phase to allow--
(1) a correction-of-deficiency plan to be developed and in place
for deficiencies identified by the testing before the system
proceeds into low-rate initial production; and
(2) the deficiencies identified by test and evaluation to be
corrected before the system proceeds beyond low-rate initial
production.
(c) Annual Report on Compliance.--The Secretary of Defense shall
include in the annual Department of Defense Electronic Warfare Plan
report a description of compliance with this section during the
preceding year. Such a report shall include a description of the test
and evaluation process applied to each system, the results of that
process, and the adequacy of test and evaluation resources to carry out
that process.
(d) Funds Used for Testing.--The costs of the testing necessary to
carry out this section with respect to any system shall be paid from
funds available for that system.
(e) Applicability.--The provisions of subsections (a) and (b) shall
apply to any ACAT I level electronic combat system milestone I program
and to any command, control, and communications countermeasure system
milestone I program that is initiated after the date of the enactment of
this Act.
SEC. 221. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.
(a) Limitation.--During the one-year period beginning on the date of
the enactment of this Act, the Secretary of Defense may not conduct a
flight test program of theater missile defense interceptors and sensors
if an anticipated result of the launch of a missile under that test
program would be release of debris within 50 miles of the Canyonlands
National Park, Utah.
(b) Definition of Debris.--For purposes of subsection (a), the term
``debris'' does not include particulate matter that is regulated for
considerations of air quality.
SEC. 222. JOINT ADVANCED ROCKET SYSTEM.
(a) Program Requirement.--None of the funds appropriated pursuant to
authorizations in section 201 or otherwise made available for fiscal
year 1994 for research
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, development, test, and evaluation for the
Department of Defense may be obligated for any technology for a 2.75-
inch rocket or missile program that is inconsistent with the goals and
objectives of the joint Advanced Rocket System program or that would
otherwise not result in the use of a common 2.75-inch rocket motor by
all components of the Department of Defense.
(b) Army Program.--Of the amount authorized for the Army under
section 201, $5,500,000 shall be available for participation by the
Department of the Army in the Advanced Rocket System program.
(c) Funding Limitation Pending Report.--Of the amount appropriated
pursuant to section 201 for the Department of the Navy for the Advanced
Rocket System (program element 604603N) and for the Department of the
Army for program element 603313A, not more than 75 percent may be
obligated until the end of the 30-day period beginning on the date on
which the Secretary of Defense submits to the congressional defense
committees a report on the matters specified in subsection (d).
(d) Report Contents.--The matters referred to in subsection (c) are
the following:
(1) A cost and operational effectiveness analysis (COEA) of
2.75-inch hypervelocity rockets, jointly developed by the military
services.
(2) If the analysis referred to in paragraph (1) validates the
requirement for such hypervelocity rockets, an evaluation (prepared
jointly by the Army and the Navy) of the feasibility of
incorporating hypervelocity rocket technology into the Advanced
Rocket System.
(3) A plan (prepared jointly by the Army and the Navy) for the
transition of total responsibility for 2.75-inch rocket systems to
the Rocket Management Office of the Army.
SEC. 223. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY
DEMONSTRATION.
(a) In General.--(1) Of the amounts authorized to be appropriated
pursuant to section 201, up to $2,000,000 of the amount for the Navy and
up to $2,000,000 of the amount for the Air Force may be used for the
conduct of a demonstration of nondevelopmental technology that would
enable the use of a single adaptor kit for munitions described in
paragraph (2) in order to give those munitions a standoff, near-
precision guided capability.
(2) Paragraph (1) applies to unguided, in-inventory munitions of the
class of 1,000 pounds and below.
(b) Request for Information.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall issue a
request for information for nondevelopmental munitions adaptor kits for
the purpose described in subsection (a).
(c) Contractor Selection.--Not later than 30 days after the closing
date of the request for information under subsection (b), the Secretary
of the Navy shall determine whether any of the responses received have
sufficient technical merit to justify the conduct of a technology
demonstration. If the Secretary determines that the conduct of such a
technology demonstration is justified, the Secretary shall select the
single most promising technology offered, if applicable, for that
demonstration.
(d) Technology Demonstration.--If the Secretary determines under
subsection (c) that a technology demonstration is warranted, the
Secretary shall require the contractor selected to complete a suitable
nondevelopmental item demonstration of the contractor's adaptor kit
proposal.
(e) Report.--If a contractor is selected in accordance with
subsection (c) and a demonstration is accomplished in accordance with
subsection (d), the Secretary of the Navy shall submit to the
congressional defense committees a report detailing the results and
costs of the demonstration and the applicability of the technology
demonstrated in providing the Armed Forces with an inexpensive solution
to providing near-precision guided munition capability to in-inventory
munitions.
SEC. 224. STANDARD EXTREMELY HIGH FREQUENCY WAVEFORM.
The Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition and Technology, shall establish a single
standard for all components of the Department of Defense for the set of
waveforms to be used for medium data rate (MDR) communications using an
extremely high frequency (EHF) band. The standard shall be established
not later than June 1, 1994.
SEC. 225. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED ADVANCED
CHEMICAL LASER AGAINST AN OBJECT IN SPACE.
The Secretary of Defense may not carry out a test of the Mid-
Infrared Advanced Chemical Laser (MIRACL) transmitter and associated
optics against an object in space during 1994 unless such testing is
specifically authorized by law.
Subtitle C--Missile Defense Programs
SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR FISCAL
YEAR 1994.
(a) Total Amount.--Of the amounts appropriated pursuant to section
201 for fiscal year 1994 or otherwise made available to the Department
of Defense for research, development, test, and evaluation for fiscal
year 1994, not more than $2,638,992,000 may be obligated for programs
managed by the Ballistic Missile Defense Organization.
(b) Allocation to Program Elements.--Of the amount specified in
subsection (a)--
(1) not more than $1,450,992,000 shall be available for
programs, projects, and activities within the Theater Missile
Defense program element;
(2) not more than $650,000,000 shall be available for programs,
projects, and activities within the Limited Defense System program
element; and
(3) a total of not more than $538,000,000 shall be available for
programs, projects, and activities within the Research and Support
Activities program element, including funding for the Small Business
Innovation Research Program and the Small Business Technology
Transfer Program.
(c) Transfer Authorities.--(1) Notwithstanding the limitations set
forth in paragraphs (1) through (3) of subsection (b), the Secretary of
Defense may transfer funds among the program elements managed by the
Ballistic Missile Defense Organization. The total amount that may be
transferred pursuant to the preceding sentence--
(A) from any program element named in subsection (b) may not
exceed 10 percent of the amount specified for that program element
in subsection (b); and
(B) to any program element named in subsection (b) may not
result in an increase by more than 10 percent of the amount
specified for that program element in that subsection.
(2) The authority under paragraph (1) may not be used to transfer
funds from the Theater Missile Defense program element.
(3) The authority under paragraph (1) may not be used to transfer
funds from the Limited Defense System program element to the program
element for Research and Support Activities.
(4) Amounts transferred pursuant to paragraph (1) shall be merged
with and be available for the same purposes as the amounts to which
transferred.
(d) Limitations.--None of the funds authorized to be obligated under
subsection (a) may be obligated for the Brilliant Eyes space-based
sensor program. Such funds may be obligated for the Brilliant Pebbles
program only within the Research and Support Activities program element
and in an amount not in excess of $35,000,000.
(e) Report on Allocation of Funds.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the allocation of
funds appropriated for the ballistic missile defense program for fiscal
year 1994. The report--
(1) shall specify the amount of such funds allocated for each
program, project, and activity managed by the Ballistic Missile
Defense Organization; and
(2) shall list each ballistic missile defense program, project,
and activity under the appropriate program element.
SEC. 232. REVISIONS TO MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (part C of title II of Pu
2000
blic Law
102-190; 10 U.S.C. 2431 note) is amended as follows:
(1) Section 232(a) is amended--
(A) in paragraph (1), by striking out ``while deploying''
and inserting in lieu thereof ``while developing, and
maintaining the option to deploy,''; and
(B) in paragraph (3), by inserting ``, as appropriate,''
before ``to friends and allies of the United States''.
(2) Section 232(b) is amended--
(A) in paragraph (1), by striking out ``the Soviet Union''
and inserting in lieu thereof ``other nuclear weapons states'';
and
(B) in paragraph (2)--
(i) by striking out ``the Soviet Union'' and inserting
in lieu thereof ``Russia''; and
(ii) by striking out ``Treaty, to include the down-
loading of multiple warhead ballistic missiles'' and
inserting in lieu thereof ``Treaties, to include the down-
loading of multiple warhead ballistic missiles, as
appropriate''.
(3) Section 233(b) is amended--
(A) in paragraph (1), by inserting ``in compliance with the
ABM Treaty, including any protocol or amendment thereto'' after
``for deployment'';
(B) in paragraph (2), by striking out ``develop for
deployment'' and inserting in lieu thereof ``conduct a research
and development program to develop and maintain the option to
deploy''; and
(C) by striking out paragraph (3).
(4) Subsection (c) of section 233 is amended to read as follows:
``(c) Presidential Actions.--Congress urges the President to pursue
immediate discussions with Russia and other successor states of the
former Soviet Union, as appropriate, on the feasibility of, and mutual
interest in, amendments to the ABM Treaty to permit--
``(1) clarification of the distinctions for the purposes of the
ABM Treaty between theater missile defenses and anti-ballistic
missile defenses, including interceptors, radars, and other sensors;
and
``(2) increased use of space-based sensors for direct battle
management.''.
(5) Section 235 is amended--
(A) in the section heading, by striking out ``strategic
defense initiative'' and inserting in lieu thereof ``ballistic
missile defense program'';
(B) in subsection (a)--
(i) by striking out ``Strategic Defense Initiative'' and
inserting in lieu thereof ``Ballistic Missile Defense
program''; and
(ii) by striking out paragraphs (2) and (3) and
redesignating paragraph (4) as paragraph (2); and
(C) in subsection (b), by striking out ``Strategic Defense
Initiative'' and inserting in lieu thereof ``Ballistic Missile
Defense program''.
(6) Section 236 is amended--
(A) in the section heading, by striking out ``sdi'' and
inserting in lieu thereof ``bmd'';
(B) by striking out subsections (b) and (c); and
(C) by redesignating subsection (d) as subsection (b) and in
paragraph (1) of that subsection by striking out ``within the''
and all that follows in that paragraph and inserting in lieu
thereof ``within the Limited Defense System program element.''.
(7) Section 238 is amended by striking out ``As deployment'' and
all that follows through ``deployment date,'' and inserting in lieu
thereof ``Once development testing of components for a Limited
Defense System has begun,''.
SEC. 233. PATRIOT ADVANCED CAPABILITY-3 THEATER MISSILE DEFENSE
SYSTEM.
(a) Competition for Missile Selection.--The Secretary of Defense
shall continue the strategy being carried out by the Ballistic Missile
Defense Organization as of October 1, 1993, for selection of the best
technology (in terms of cost, schedule, risk, and performance) to meet
the missile requirements for the Patriot Advanced Capability-3 (PAC-3)
theater missile defense system. That strategy, consisting of flight
testing, ground testing, simulations, and other analyses of the weapon
systems referred to in subsection (d), shall be continued until the
Secretary determines that the Ballistic Missile Defense Organization has
adequate information upon which to base a decision as to which missile
will be selected to proceed into the Engineering and Manufacturing
Development stage.
(b) Implications of Delay.--If there is a delay (based upon the
schedule in effect in October 1993) in the selection described in
subsection (a) of the missile for the Patriot Advanced Capability-3
system, the Secretary of Defense shall ensure that demonstration and
validation of both competing systems can continue as needed to support
an informed decision for such selection.
(c) Funding for Certain Ballistic Missile RDT&E.--If a decision is
not made before February 28, 1994, to proceed into the Engineering and
Manufacturing Development stage under a weapon system program referred
to in subsection (d), the funds appropriated pursuant to the
authorization of appropriations in section 201 that are available for
engineering and manufacturing development for such a program shall be
available for research, development, test, and evaluation of the Patriot
PAC-3 Missile program.
(d) Covered Weapon System Programs.--For purposes of subsections (a)
and (c), the weapon system programs referred to in this subsection are
as follows:
(1) The Patriot Multimode Missile Program.
(2) The Extended Range Interceptor (ERINT) missile program.
SEC. 234. COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND
COMPONENTS WITH ABM TREATY.
(a) Findings.--Congress makes the following findings:
(1) Section 232(a)(1) of the Missile Defense Act of 1991 (10
U.S.C. 2431 note) establishes a goal for the United States to comply
with the ABM Treaty (including any protocol or amendment thereto)
and not develop, test, or deploy any ballistic missile defense
system, or component thereof, in violation of that treaty (as
modified by any protocol or amendment thereto) while deploying an
anti-ballistic missile system capable of providing a highly
effective defense of the United States against limited attacks of
ballistic missiles.
(2) The Department of Defense has conducted no formal compliance
review of any of the components or systems scheduled for early
deployment as part of either the Theater Missile Defense Initiative
or the initial limited defense system to be located at Grand Forks,
North Dakota.
(3) The Department of Defense is continuing to obligate hundreds
of millions of dollars for the development and testing of systems or
components of ballistic missile defense systems before a
determination has been made that, if successfully developed, tested,
or deployed, those systems and components would be in compliance
with the ABM Treaty.
(4) The President requested the authorization and appropriation
of additional funds for continued development of such systems and
components during fiscal year 1994.
(5) The United States and its allies face existing and expanding
threats from ballistic missiles capable of being used as theater
weapon systems that are presently possessed by, being developed by,
or being acquired by a number of countries, including Iraq, Iran,
and North Korea.
(6) Some theater ballistic missiles presently deployed or being
developed (such as the Chinese-made CSS-2) have capabilities equal
to or greater than the capabilities of missiles which were
determined to be strategic missiles more than 20 years ago under the
SALT I Interim Agreement of 1972 entered into between the United
States and the Soviet Union.
(7) The ABM Treaty was not intended to, and does not, apply to
or limit research, development, testing, or deployment of missile
de
2000
fense systems, system upgrades, or system components that are
designed to counter modern theater ballistic missiles, regardless of
the capabilities of such missiles, unless those systems, system
upgrades, or system components are tested against or have
demonstrated capabilities to counter modern strategic ballistic
missiles.
(8) It is a national security priority of the United States to
develop and deploy highly effective theater missile defense systems
capable of countering the existing and expanding threats posed by
modern theater ballistic missiles as soon as is technically
possible.
(9) It is essential that the Secretary of Defense immediately
undertake and complete a review for compliance with the ABM Treaty
of proposed theater missile defense systems, system upgrades, and
system components so as to not delay the development and deployment
of such highly effective theater missile defense systems.
(b) Required Compliance Review.--(1) The Secretary of Defense shall
review the current baseline configuration of each system or system
upgrade specified in paragraph (2), and the system components, to
determine whether the development, testing, or deployment of that system
or system upgrade 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) The systems and system upgrades to be reviewed pursuant to
paragraph (1) are the following:
(A) The Patriot Multimode Missile.
(B) The Extended Range Interceptor (ERINT).
(C) The Ground-Based Radar for theater missile defenses (GBR-T).
(D) The Theater High Altitude Area Defense interceptor missile
(THAAD).
(E) The Brilliant Eyes space-based sensor system.
(F) Upgrades to the AEGIS/SPY radar system of the Navy.
(G) Upgrades to the Standard Missile-2 (SM-2) interceptor of the
Navy.
(3) If during the course of the compliance review under paragraph
(1) (or any other such compliance review of a ballistic missile system
or system upgrade), an issue arises that appears to indicate that a
provision of the ABM Treaty may limit research, development, testing, or
deployment by the United States of highly effective theater missile
defense systems capable of countering modern theater ballistic missiles,
the Secretary of Defense shall immediately submit to the appropriate
congressional committees a report on that issue.
(c) Report.--(1) For each system and system upgrade specified in
paragraph (2) of subsection (b), the Secretary shall submit to the
appropriate congressional committees a report on the results of the
review required by that subsection. A report may include the results of
the reviews of more than one system and system upgrade. For any system
or system upgrade determined not to be in compliance with the ABM
Treaty, the Secretary shall indicate (A) what changes to the ABM Treaty
would be required for the system to be deemed compliant with such
modified ABM Treaty, and (B) what changes to the performance capability
of the system or system upgrade would be required in order for it to
become compliant with the existing Treaty, together with the effect of
those performance capability changes on the effectiveness of the planned
missile defense architecture.
(2) With regard to the Brilliant Eyes space-based sensor system, the
Secretary shall include in the report findings on each of the following
issues:
(A) Whether the current baseline configuration of the Brilliant
Eyes space-based sensor system would comply with the ABM Treaty if
the system were used in conjunction with the planned ground-based
radar system and its ground-based interceptors at Grand Forks, North
Dakota.
(B) If not, whether design changes or operational changes can be
made to the Brilliant Eyes space-based sensor system that--
(i) will result in the sensor system, when employed in
conjunction with the planned ground-based radar system and its
ground-based interceptors, being in compliance with the ABM
Treaty; and
(ii) will not prevent the sensor system from performing its
strategic defense missions with a high degree of effectiveness.
(C) If not, whether the Brilliant Eyes space-based sensor system
can be made, through design changes or operational changes, for use
only with theater missile defense systems and be in compliance with
the ABM Treaty.
(D) If so, the extent to which deployment of the Brilliant Eyes
space-based sensor system would enhance the capability of upper-tier
theater defense systems and lower-tier theater defense systems,
respectively.
(d) Limitations on Funding Pending Submission of Report.--(1) Not
more than 50 percent of the funds reported pursuant to section 231(e) to
be allocated for fiscal year 1994 for a system or system upgrade
specified in subsection (b)(2) may be obligated for that system or
system upgrade, or any of its components, until the Secretary completes
the compliance review of such system or system upgrade required by
subsection (b) and submits to the appropriate congressional committees
the report on the results of the compliance review of that system or
system upgrade as required by subsection (c).
(2) Funds appropriated to the Department of Defense for fiscal year
1994, or otherwise made available to the Department of Defense from any
funds appropriated for fiscal year 1994 or for any fiscal year before
1994, may not be obligated or expended--
(A) 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
(B) for the acquisition of any material or equipment (including
long lead materials, components, piece parts, or test equipment, or
any modified space launch vehicle) required or to be used for the
development or testing of anti-ballistic missile systems or
components, except for material or equipment required for
development or testing consistent with the interpretation of the ABM
Treaty set forth in the enclosure to the July 13, 1993, ACDA letter.
(e) Definitions.--In this section:
(1) The term ``July 13, 1993, ACDA letter'' means the letter
dated July 13, 1993, from the Acting Director of the Arms Control
and Disarmament Agency to the chairman of the Committee on Foreign
Relations of the Senate relating to the correct interpretation of
the ABM Treaty and accompanied 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. 235. THEATER MISSILE DEFENSE MASTER PLAN.
(a) Integration and Compatibility.--In carrying out the Theater
Missile Defense Initiative, the Secretary of Defense shall--
(1) seek to maximize the use of existing systems and
technologies; and
(2) seek to promote joint use by the military departments of
existing and future ballistic missile defense equipment (rather than
each military department developing its own systems that would
largely overlap in their capabilities).
The Secretaries of the military departments shall seek the maximum
integration and compatibility of their ballistic missile defense system
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s
as well as of the respective roles and missions of those systems.
(b) TMD Master Plan.--The Secretary of Defense shall submit to
Congress a report (which shall constitute the TMD master plan)
containing a thorough and complete analysis of the future of theater
missile defense programs. The report shall include the following:
(1) A description of the mission and scope of Theater Missile
Defense.
(2) A description of the role of each of the Armed Forces in
Theater Missile Defense.
(3) A description of how those roles interact and complement
each other.
(4) An evaluation of the cost and relative effectiveness of each
interceptor and sensor under development as part of a Theater
Missile Defense system by the Ballistic Missile Defense
Organization.
(5) A detailed acquisition strategy which includes an analysis
and comparison of the projected acquisition and life-cycle costs of
each Theater Missile Defense system intended for production (shown
separately for research, development, test, and evaluation, for
procurement, for operation and maintenance, and for personnel costs
for each system).
(6) Specification of the baseline production rate for each year
of the program through completion of procurement.
(7) An estimate of the unit cost and capabilities of each
system.
(8) A description of plans for theater and tactical missile
defense doctrine, training, tactics, and force structure.
(c) Description of Testing Program.--The Secretary of Defense shall
include in the report under subsection (b)--
(1) a description of the current and projected testing program
for Theater Missile Defense systems and major components; and
(2) an evaluation of the adequacy of the testing program to
simulate conditions similar to those the systems and components
would actually be expected to encounter if and when deployed (such
as the ability to track and engage multiple targets with multiple
interceptors, to discriminate targets from decoys and other incoming
objects, and to be employed in a shoot-look-shoot firing mode).
(d) Relationship to Arms Control Treaties.--The Secretary shall
include in the report under subsection (b) a statement of how production
and deployment of any projected Theater Missile Defense program will
conform to all relevant arms control agreements. The report shall
describe any potential noncompliance with any such agreement, when such
noncompliance is expected to occur, and whether provisions need to be
renegotiated within that agreement to address future contingencies.
(e) Submission of Report.--The report required by subsection (b)
shall be submitted as part of the next annual report of the Secretary
submitted to Congress under section 224 of Public Law 101-189 (10 U.S.C.
2431 note).
(f) Objectives of Plan.--In preparing the master plan, the Secretary
shall--
(1) seek to maximize the use of existing technologies (such as
SM-2, AEGIS, Patriot, and THAAD) rather than develop new systems;
(2) seek to maximize integration and compatibility among the
systems, roles, and missions of the military departments; and
(3) seek to promote cross-service use of existing equipment
(such as development of Army equipment for the Marine Corps or
ground utilization of an air or sea system).
(g) Review and Report on Deployment of Ballistic Missile Defenses.--
(1) The Secretary of Defense shall conduct an intensive and extensive
review of opportunities to streamline the weapon systems acquisition
process applicable to the development, testing, and deployment of
theater ballistic missile defenses with the objective of reducing the
cost of deployment and accelerating the schedule for deployment without
significantly increasing programmatic risk or concurrency.
(2) In conducting the review, the Secretary shall obtain
recommendations and advice from--
(A) the Defense Science Board;
(B) the faculty of the Industrial College of the Armed Forces;
and
(C) federally funded research and development centers supporting
the Office of the Secretary of Defense.
(3) Not later than May 1, 1994, the Secretary shall submit to the
congressional defense committees a report on the Secretary's findings
resulting from the review under paragraph (1), together with any
recommendations of the Secretary for legislation. The Secretary shall
submit the report in unclassified form, but may submit a classified
version of the report if necessary to clarify any of the information in
the findings or recommendations or any related information. The report
may be submitted as part of the next annual report of the Secretary
submitted to Congress under section 224 of Public Law 101-189 (10 U.S.C.
2431 note).
SEC. 236. LIMITED DEFENSE SYSTEM DEVELOPMENT PLAN.
(a) Requirement for Report.--(1) The Secretary of Defense shall
submit to the congressional defense committees a report on the
development plan for a Limited Defense System covering the period of
fiscal years 1994 through 1999.
(2) The report under paragraph (1) shall be submitted not later than
May 30, 1994, and may be included in the next annual report on ballistic
missile defenses submitted to Congress under section 224 of Public Law
101-189 (10 U.S.C. 2431 note).
(b) Issues To Be Addressed in Report.--The report under subsection
(a) shall include discussion of the following matters:
(1) The proposed Limited Defense System architecture.
(2) The systems and components to be developed to implement that
architecture.
(3) The extent to which those systems and components can be
developed during the period referred to in subsection (a), assuming
annual funding for the Limited Defense System averaging $600,000,000
per year.
(4) The additional funding required and the additional time
required after fiscal year 1999 in order for initial deployment of a
limited, ABM-Treaty-compliant capability at a single site to be
implemented.
(5) The variations in both required funding and required time
after fiscal year 1999 for the same initial deployment to be
implemented--
(A) if funding for a Limited Defense System during fiscal
years 1995 through 1999 averages $750,000,000 per year; and
(B) if funding for a Limited Defense System during fiscal
years 1995 through 1999 averages $450,000,000 per year.
(6) The extent to which missile defense technologies and
components that are developed for Theater Missile Defense systems to
be deployed before fiscal year 2000 can reduce the development costs
and lead-times for development and deployment of a Limited Defense
System.
(7) The extent to which acquisition streamlining can be applied
to the development of a Limited Defense System.
(8) The extent to which the testing and simulation
infrastructure, the level of engineering and technical support, the
extensive reliance on studies and analyses by contractors, and the
substantial use of outside contractors for systems engineering and
technical analysis which the Ballistic Missile Defense Organization
has inherited from the Strategic Defense Initiative Organization can
be reduced given the re-evaluation of the Ballistic Missile Defense
program that has emerged from the Bottom-Up Review of the Secretary
of Defense which was conducted during 1993.
(9) Such other matters as the Secretary considers important.
SEC. 237. THEATER AND LIMITED DEFENSE SYSTEM TESTING.
(a) Testing of Theater Missile Defense Interceptors.--Except for the
acquisition of those production representative missiles required for the
completion of developmental and operational testing, the Secretary of
Defense may not approve a theater missile defense interceptor program
proceeding into the Low-Rate Initial Production (Milestone IIIA)
acquisiti
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on stage until the Secretary certifies to the congressional
defense committees that more than two realistic live-fire tests,
consistent with section 2366 of title 10, United States Code, have been
conducted, the results of which demonstrate the achievement by the
interceptors of the weapons systems performance goals specified in the
system baseline document established pursuant to section 2435(a)(1)(A)
of title 10, United States Code, before the program entered engineering
and manufacturing systems development. The live-fire tests demonstrating
such results shall involve multiple interceptors and multiple targets in
the presence of realistic countermeasures.
(b) Advance Review and Approval of Proposed Developmental Tests of
Limited Defense System Program Projects.--A developmental test may not
be conducted under the Limited Defense System program element of the
Ballistic Missile Defense Program until the Secretary of Defense reviews
and approves (or approves with changes) the test plan for such
developmental test.
(c) Independent Monitoring of Tests.--(1) The Secretary shall
provide for monitoring of the implementation of each test plan referred
to in subsection (b) by a group composed of persons who--
(A) by reason of education, training, or experience are
qualified to monitor the testing covered by the plan; and
(B) are not assigned or detailed to, or otherwise performing
duties of, the Ballistic Missile Defense Organization and are
otherwise independent of such organization.
(2) The monitoring group shall submit to the Secretary its analysis
of, and conclusions regarding, the conduct and results of each test
monitored by the group.
SEC. 238. ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) Endorsement of Cooperative Research and Development.--Congress
reiterates its endorsement (previously stated in section 225(a)(5) of
Public Law 101-510 (104 Stat. 1515) and section 241(a) of Public Law
102-190 (105 Stat. 1326)) of a continuing program of cooperative
research and development, jointly funded by the United States and
Israel, on the Arrow Tactical Anti-Missile program.
(b) Program Goal.--The goal of the cooperative program is to
demonstrate the feasibility and practicality of the Arrow system and to
permit the government of Israel to make a decision on its own initiative
regarding deployment of that system without financial participation by
the United States beyond the research and development stage.
(c) Arrow Continuing Experiments.--The Secretary of Defense, from
amounts appropriated to the Department of Defense pursuant to section
201 for Defense-wide activities and available for the Ballistic Missile
Defense Organization, shall fund the United States contribution to the
fiscal year 1994 Arrow Continuing Experiments program in an amount not
to exceed $56,400,000.
(d) Arrow Deployability Initiative.--(1) Subject to paragraph (2),
the Secretary of Defense may obligate funds appropriated pursuant to
section 201 in an amount not to exceed $25,000,000 for the purpose of
research and development of technologies associated with deploying the
Arrow missile in the future (including technologies associated with
battle management, lethality, system integration, and test bed systems).
(2) Funds may not be obligated for the purpose stated in paragraph
(1) (other than as required to satisfy the conditions set forth in this
paragraph) unless the President certifies to Congress that--
(A) the United States and the government of Israel have entered
into an agreement governing the conduct and funding of research and
development projects for the purpose stated in paragraph (1);
(B) each project in which the United States will join under that
agreement (i) will have a benefit for the United States, and (ii)
has not been barred by other congressional direction;
(C) the Arrow missile has successfully completed a flight test
in which it intercepted a target missile under realistic test
conditions; and
(D) the government of Israel is continuing, in accordance with
its previous public commitments, to adhere to export controls
pursuant to the Guidelines and Annex of the Missile Technology
Control Regime.
(e) Sense of Congress on Expediting Test Program.--It is the sense
of Congress that, in order to expedite the test program for the Arrow
missile, the United States should seek to initiate with the government
of Israel discussions on the agreement referred to in subsection
(d)(2)(A) without waiting for the condition specified in subsection
(d)(2)(C) to be met first.
SEC. 239. REPORT ON ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) Report Required.--Not later than April 1, 1994, the Secretary of
Defense shall submit to the congressional defense committees a report on
the Arrow Tactical Anti-Missile program. The Secretary shall design the
report to provide those committees with the information they need in
order to perform their oversight function. The Secretary shall obtain
the information for the report from actual program data to which the
United States Government has access, to the extent possible, or, if
necessary, from the best estimates available to the United States
Government.
(b) Content of Report.--The report shall include (at a minimum) the
following:
(1) The development and procurement schedules for the program.
(2) The estimated annual and total cost of the program.
(3) The estimated total cost to the United States of involvement
in the program, including funding provided through foreign military
sales financing under the Arms Export Control Act.
(4) A detailed description of the contract types and cost
estimating data for the program.
(5) An assessment of the performance of the Arrow interceptor
and the Arrow system.
(6) An evaluation of the development and production risks under
the program.
(7) Alternatives to the Arrow interceptor and Arrow system for
meeting the tactical ballistic missile defense needs of Israel,
including providing Israel with an existing or planned United States
weapon system.
(8) For each such alternative--
(A) an assessment of the cost effectiveness of undertaking
the alternative;
(B) the technology transfer implications; and
(C) the weapon proliferation implications.
(c) Form of Report.--The Secretary shall submit the report in
classified and unclassified versions.
(d) Construction of Section.--Nothing in this section shall be
construed to endorse United States participation in any aspect of the
Arrow program beyond the research and development programs authorized by
law.
SEC. 240. TECHNICAL AMENDMENTS TO ANNUAL REPORT REQUIREMENT TO
REFLECT CREATION OF BALLISTIC MISSILE DEFENSE ORGANIZATION.
Section 224 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (10 U.S.C. 2431 note) is amended--
(1) by striking out ``Strategic Defense Initiative'' each place
it appears (other than in subsection (b)(5)) and inserting in lieu
thereof ``Ballistic Missile Defense program'';
(2) by striking out ``Strategic Defense Initiative'' in
subsection (b)(5) and inserting in lieu thereof ``Ballistic Missile
Defense'';
(3) by striking out ``SDI'' each place it appears and inserting
in lieu thereof ``BMD''; and
(4) by striking out the section heading and inserting in lieu
thereof the following:
``SEC. 224. ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE PROGRAM.''.
SEC. 241. CLEMENTINE SATELLITE PROGRAM.
(a) Finding.--The Congress finds that the program of the Ballistic
Missile Defense Organization that is known as the ``Clementine''
program, consisting of a satellite space project that will, among other
matters, provide valuable information about asteroids in the vicinity of
Earth, represents an important opportunity for transfer of Department of
Defense technology for civilian purposes and
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should be supported.
(b) Congressional Views.--The Congress urges the Secretary of
Defense--
(1) to identify an appropriate management structure within
either the Advanced Research Projects Agency or one of the military
departments to which the Clementine program and related programs of
general applicability to civilian, commercial, and military space
programs might be transferred; and
(2) to consider funding for the Clementine program to be a
priority within whatever agency or department is identified as
described in paragraph (1) and to provide funds for that program at
an appropriate level.
SEC. 242. COOPERATION OF UNITED STATES ALLIES ON DEVELOPMENT OF
TACTICAL AND THEATER MISSILE DEFENSES.
(a) Findings.--Congress makes the following findings:
(1) Systems to provide effective defense against theater and
tactical ballistic missiles that may be developed and deployed by
the United States have the potential to make contributions to the
national security interests of nations that are allies of the United
States that would be equal to or greater than the contributions such
systems would make to the national security interests of the United
States.
(2) The cost of developing and deploying a broad spectrum of
such systems will be several tens of billions of dollars.
(3) A truly cooperative multinational approach to the
development and deployment of such systems could substantially
reduce the financial burden of such an undertaking on any one
country and would involve additional sources of technological
expertise.
(4) While leaders of nations that are allies of the United
States have stated an interest in becoming involved, or increasing
involvement, in United States tactical missile defense programs, the
governments of those nations are unlikely to support programs for
theater missile defense development and deployment unless, at a
minimum, they can participate in meaningful ways in the planning and
execution of such programs, including active participation in
research and development and production of the systems involved.
(5) Given the high cost of developing theater ballistic missile
defense systems, the participation of United States allies in the
efforts to develop tactical missile defenses would result in
substantial savings to the United States.
(b) Plan and Reports.--(1) The Secretary of Defense shall develop a
plan to coordinate development and implementation of Theater Missile
Defense programs of the United States with theater missile defense
programs of United States allies, with the goal of avoiding duplication
of effort, increasing interoperability, and reducing costs. The plan
shall set forth in detail any financial, in-kind, or other form of
participation by each nation in cooperative efforts to plan, develop,
produce, and deploy theater ballistic missile defenses for the mutual
benefit of the countries involved.
(2) The Secretary shall submit to Congress a report on the plan
developed under paragraph (1). The report shall be submitted in both
classified and unclassified versions, as appropriate, and may be
submitted as a component of the next Theater Missile Defense Initiative
report to Congress.
(3) The Secretary shall include in each annual Theater Missile
Defense Initiative report to Congress a report on actions taken to
implement the plan developed under paragraph (1). Each such report shall
set forth the status of discussions between the United States and United
States allies for the purposes stated in that paragraph and shall state
the status of contributions by those allies to the Theater Missile
Defense Cooperation Account, shown separately for each allied country
covered by the plan.
(c) Restriction on Funds.--Of the total amount appropriated pursuant
to authorizations in this Act for theater ballistic missile defense
programs, not more than 80 percent may be obligated until--
(1) the report under subsection (b)(2) is submitted to Congress;
and
(2) the President certifies in writing to Congress that
representatives of the United States have formally submitted to each
of the member nations of the North Atlantic Treaty Organization and
to Japan, Israel, and South Korea a proposal concerning the matters
described in the report.
The President may submit with such certification a report of similar
formal contacts with any other country that the President considers
appropriate.
(d) Sense of Congress.--It is the sense of Congress that whenever
the United States deploys theater ballistic missile defenses to protect
another country, or the military forces of another country, that has not
provided financial or in-kind support for development of theater
ballistic missile defenses, the United States should consider whether it
is appropriate to seek reimbursement from that country to cover at least
the incremental cost to the United States of such deployment.
(e) Allied Participation in TMD Programs.--Congress encourages
allies of the United States, and particularly those allies that would
benefit most from deployment of Theater Missile Defense systems, to
participate in, or to increase participation in, cooperative Theater
Missile Defense programs of the United States. Congress also encourages
participation by the United States in cooperative theater missile
defense efforts of allied nations as such programs emerge.
(f) Fund for Allied Contributions.--(1) Chapter 155 of title 10,
United States Code, is amended by adding at the end the following new
section:
``§2609. Theater Missile Defense: acceptance of contributions from
allies; Theater Missile Defense Cooperation Account
``(a) Acceptance Authority.--The Secretary of Defense may accept
from any allied foreign government or any international organization any
contribution of money made by such foreign government or international
organization for use by the Department of Defense for Theater Missile
Defense programs.
``(b) Establishment of Theater Missile Defense Cooperation
Account.--(1) There is established in the Treasury a special account to
be known as the `Theater Missile Defense Cooperation Account'.
``(2) Contributions accepted by the Secretary of Defense under
subsection (a) shall be credited to the Account.
``(c) Use of the Account.--Funds in the Account are hereby made
available for obligation for research, development, test, and
evaluation, and for procurement, for Theater Missile Defense programs of
the Department of Defense.
``(d) Investment of Money.--(1) Upon request by the Secretary of
Defense, the Secretary of the Treasury may invest money in the Account
in securities of the United States or in securities guaranteed as to
principal and interest by the United States.
``(2) Any interest or other income that accrues from investment in
securities referred to in paragraph (1) shall be deposited to the credit
of the Account.
``(e) Notification of Conditions.--The Secretary of Defense shall
notify Congress of any condition imposed by the donor on the use of any
contribution accepted by the Secretary under the authority of this
section.
``(f) Annual Audit by GAO.--The Comptroller General of the United
States shall conduct an annual audit of money accepted by the Secretary
of Defense under this section and shall submit a copy of the results of
each such audit to Congress.
``(g) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2609. Theater Missile Defense: acceptance of contributions from
allies; Theater Missile Defense Cooperation Account.''.
SEC. 243. TRANSFER OF FOLLOW-ON TECHNOLOGY PROGRAMS.
(a) Management Responsibility.--Except as provided in subsection
(b), the Secretary of Defense shall provide tha
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t management and budget
responsibility for research and development of any program, project, or
activity to develop far-term follow-on technology relating to ballistic
missile defense shall be provided through the Advanced Research Projects
Agency or the appropriate military department.
(b) Waiver Authority.--The Secretary may waive the provisions of
subsection (a) in the case of a particular program, project, or activity
if the Secretary certifies to the congressional defense committees that
it is in the national security interest of the United States to provide
management and budget responsibility for that program, project, or
activity through the Ballistic Missile Defense Organization.
(c) Report Required.--As a part of the report required by section
231(e), the Secretary shall submit to the congressional defense
committees a report identifying--
(1) each program, project, and activity with respect to which
the Secretary has transferred management and budget responsibility
from the Ballistic Missile Defense Organization in accordance with
subsection (a);
(2) the agency or military department to which each such
transfer was made; and
(3) the date on which each such transfer was made.
(d) Definition.--For the purposes of this section, the term ``far-
term follow-on technology'' means a technology that is not incorporated
into a ballistic missile defense architecture and is not likely to be
incorporated within 15 years into a weapon system for ballistic missile
defense.
(e) Conforming Amendment.--Section 234 of the Missile Defense Act of
1991 is repealed.
Subtitle D--Women's Health Research
SEC. 251. DEFENSE WOMEN'S HEALTH RESEARCH CENTER.
(a) Authority To Establish Center.--The Secretary of Defense may
establish a Defense Women's Health Research Center (hereinafter in this
section referred to as the ``Center'') at an existing Department of
Defense medical center to serve as the coordinating agent for
multidisciplinary and multi-institutional research within the Department
of Defense on women's health issues related to service in the Armed
Forces. The Secretary shall determine whether or not to establish the
Center not later than May 1, 1994. If established, the Center shall also
coordinate with research supported by the Department of Health and Human
Services and other agencies that is aimed at improving the health of
women.
(b) Support of Research.--The Center shall support health research
into matters relating to the service of women in the military, including
the following matters:
(1) Combat stress and trauma.
(2) Exposure to toxins and other environmental hazards
associated with military equipment.
(3) Psychology related stress in warfare situations.
(4) Mental health, including post-traumatic stress disorder and
depression.
(5) Human factor studies related to women in combat areas.
(c) Competition Requirement Relating to Establishment of Center.--
The Center may be established only pursuant to a competition among
existing Department of Defense medical centers.
(d) Implementation Plan.--The Secretary of Defense shall prepare a
plan for the implementation of subsection (a). The plan shall be
submitted to the Committees on Armed Services of the Senate and House of
Representatives before May 1, 1994.
(e) Activities for Fiscal Year 1994.--During fiscal year 1994, the
Center may address the following:
(1) Program planning, infrastructure development, baseline
information gathering, technology infusion, and connectivity.
(2) Management and technical staffing.
(3) Data base development of health issues related to service by
women on active duty as compared to service by women in the National
Guard or Reserves.
(4) Research protocols, cohort development, health surveillance,
and epidemiologic studies, to be developed in coordination with the
Centers for Disease Control and the National Institutes of Health
whenever possible.
(f) Funding.--Of the funds authorized to be appropriated pursuant to
section 201, $20,000,000 shall be available for the establishment of the
Center or for medical research at existing Department of Defense medical
centers into matters relating to service by women in the military.
(g) Report.--(1) If the Secretary of Defense determines not to
establish a women's health center under subsection (a), the Secretary
shall submit to the Committees on Armed Services of the Senate and House
of Representatives, not later than May 1, 1994, a report on the plans of
the Secretary for the use of the funds described in subsection (f).
(2) If the Secretary determines to establish the Center, the
Secretary shall, not less than 60 days before the establishment of the
Center, submit to those committees a report describing the planned
location for the Center and the competitive process used in the
selection of that location.
SEC. 252. INCLUSION OF WOMEN AND MINORITIES IN CLINICAL RESEARCH
PROJECTS.
(a) General Rule.--In conducting or supporting clinical research,
the Secretary of Defense shall ensure that--
(1) women who are members of the Armed Forces are included as
subjects in each project of such research; and
(2) members of minority groups who are members of the Armed
Forces are included as subjects of such research.
(b) Waiver Authority.--The requirement in subsection (a) regarding
women and members of minority groups who are members of the Armed Forces
may be waived by the Secretary of Defense with respect to a project of
clinical research if the Secretary determines that the inclusion, as
subjects in the project, of women and members of minority groups,
respectively--
(1) is inappropriate with respect to the health of the subjects;
(2) is inappropriate with respect to the purpose of the
research; or
(3) is inappropriate under such other circumstances as the
Secretary of Defense may designate.
(c) Requirement for Analysis of Research.--In the case of a project
of clinical research in which women or members of minority groups will
under subsection (a) be included as subjects of the research, the
Secretary of Defense shall ensure that the project is designed and
carried out so as to provide for a valid analysis of whether the
variables being tested in the research affect women or members of
minority groups, as the case may be, differently than other persons who
are subjects of the research.
Subtitle E--Other Matters
SEC. 261. NUCLEAR WEAPONS EFFECTS TESTING BY DEPARTMENT OF DEFENSE.
(a) Limitation on Obligation of Funds.--The Secretary of Defense may
not obligate funds in preparation for any activity of the Department of
Defense, including the so-called ``Mighty Uncle'' test, to study the
effects of a nuclear weapon explosion through underground nuclear
weapons testing unless that test is permitted in accordance with the
provisions of section 507 of Public Law 102-377 (106 Stat. 1343).
(b) Certain Actions Not Prohibited.--Subsection (a) does not
preclude the Secretary of Defense, acting through the Director of the
Defense Nuclear Agency, from--
(1) proceeding with underground nuclear test tunnel deactivation
and environmental cleanup; or
(2) expending funds for infrastructure activities not covered by
the limitation in subsection (a).
(c) Funding.--Of the funds authorized to be appropriated pursuant to
section 201 for Defense-wide activities, not more than $38,000,000 may
be used for activities described in subsection (b).
SEC. 262. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT RESPONSIBILITY
FOR NAVY MINE COUNTERMEASURES PROGRAM TO THE DIRECTOR, DEFENSE
RESEARCH AND ENGINEERING.
Section 216(a) of the National Defense Authorization for Fiscal
Years 1992 and 1993 (Public Law 102-190) is amended by striking out
``fiscal years 1994 through 1997'' and inserting in lieu thereof
``fiscal
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years 1995 through 1999''.
SEC. 263. TERMINATION, REESTABLISHMENT, AND RECONSTITUTION OF AN
ADVISORY COUNCIL ON SEMICONDUCTOR TECHNOLOGY.
(a) Termination of Advisory Council on Federal Participation in
Sematech.--The advisory council known as the Advisory Council on Federal
Participation in Sematech, established by section 273 of the National
Defense Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603), is hereby terminated.
(b) Semiconductor Technology Council.--Section 273 of the National
Defense Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603) is amended by striking out the heading and subsections (a) through
(c) and inserting in lieu thereof the following:
``SEC. 273. SEMICONDUCTOR TECHNOLOGY COUNCIL.
``(a) Establishment.--There is established the Semiconductor
Technology Council.
``(b) Purposes and Functions.--(1) The purposes of the Council are
the following:
``(A) To link assessment by the semiconductor industry of future
market and national security needs to opportunities for technology
development through cooperative public and private investment.
``(B) To seek ways to respond to the technology challenges for
semiconductors by fostering precompetitive cooperation among
industry, the Federal Government, and institutions of higher
education.
``(C) To make available judgments, assessments, insights, and
recommendations that relate to the opportunities for new research
and development efforts and the potential to better rationalize and
align industry and government contributions to semiconductor
research and development.
``(2) The Council shall carry out the following functions:
``(A) Advise Sematech and the Secretary of Defense on
appropriate technology goals and appropriate level of effort for the
research and development activities of Sematech.
``(B) Review the emerging markets, technology developments, and
core technology challenges for semiconductor research and
development and semiconductor manufacturing and explore
opportunities for improved coordination among industry, the Federal
Government, and institutions of higher education regarding such
developments and challenges.
``(C) Assess the effect on the appropriate role of Sematech of
public and private sector international agreements in semiconductor
research and development.
``(D) Exchange views regarding the competitiveness of United
States semiconductor technology and new or emerging semiconductor
technologies that could affect national economic and security
interests.
``(E) Exchange and update information and identify overlaps and
gaps regarding the efforts of industry, the Federal Government, and
institutions of higher education in semiconductor research and
development.
``(F) Assess technology progress relative to industry
requirements and Federal Government requirements, responding as
appropriate to the challenges in the national semiconductor
technology roadmap developed by representatives of industry, the
Federal Government, and institutions of higher education.
``(G) Make recommendations regarding the semiconductor
technology development efforts that should be supported by Federal
agencies and industry.
``(H) Appoint subgroups as appropriate in connection with the
updating of the semiconductor technology roadmap.
``(I) Publish an annual report addressing the semiconductor
technology challenges and developments for industry, government, and
institutions of higher education and the relationship among the
challenges and developments for each, including an evaluation of the
role of Sematech.
``(c) Membership.--The Council shall be composed of 16 members as
follows:
``(1) The Under Secretary of Defense for Acquisition and
Technology, who shall be Cochairman of the Council.
``(2) The Under Secretary of Energy responsible for science and
technology matters.
``(3) The Under Secretary of Commerce for Technology.
``(4) The Director of the Office of Science and Technology
Policy.
``(5) The Assistant to the President for Economic Policy.
``(6) The Director of the National Science Foundation.
``(7) Ten members appointed by the President as follows:
``(A) Four individuals who are eminent in the semiconductor
device industry, one of whom shall be Cochairman of the Council.
``(B) Two individuals who are eminent in the semiconductor
equipment and materials industry.
``(C) Three individuals who are eminent in the semiconductor
user industry, including representatives from the
telecommunications and computer industries.
``(D) One individual who is eminent in an academic
institution.''.
(c) Conforming Amendments.--Part F of title II of such Act (15
U.S.C. 4601 et seq.) is amended as follows:
(1) Section 271(c)(1) (15 U.S.C. 4601(c)(1)) is amended by
striking out ``Advisory Council on Federal Participation in
Sematech'' and inserting in lieu thereof ``Semiconductor Technology
Council''.
(2) Section 272(b)(1)(B) (15 U.S.C. 4602(b)(1)(B)) isP amended
by striking out ``Advisory Council on Federal Participation in
Sematech'' and inserting in lieu thereof ``Semiconductor Technology
Council''.
(3) Section 273 (15 U.S.C. 4603) is amended--
(A) in the first sentence of subsection (d)--
(i) by striking out ``(c)(6)'' and inserting in lieu
thereof ``(c)(7)''; and
(ii) by striking out ``two shall be appointed for a term
of two years'' and inserting in lieu thereof ``five shall be
appointed for a term of two years'';
(B) in the first sentence of subsection (e), by striking out
``(c)(6)'' and inserting in lieu thereof ``(c)(7)''; and
(C) in subsection (f), by striking out ``Seven members'' and
inserting in lieu thereof ``Eleven members''.
(d) Authority To Call Meetings.--Section 273(g) of such Act (15
U.S.C. 4603(g)) is amended by striking out ``the Chairman or a majority
of its members'' and inserting in lieu thereof ``a Cochairman''.
(e) Source of Support for Sematech.--Section 273 of such Act (22
U.S.C. 4603) is further amended by adding at the end the following new
subsection:
``(j) Support for Council.--The Council shall use Federal funds made
available to Sematech as needed for general and administrative support
in accomplishing the Council's purposes.''.
(f) First Meeting of New Council.--The first meeting of the
Semiconductor Technology Council shall be held not later than 45 days
after the date of the enactment of this Act.
(g) References to Terminated Council.--A reference in any provision
of law to the Advisory Council on Federal Participation in Sematech
shall be deemed to refer to the Semiconductor Technology Council
established by section 273 of the National Defense Authorization Act for
Fiscal Years 1988 and 1989, as amended by subsection (b).
SEC. 264. NAVY LARGE CAVITATION CHANNEL, MEMPHIS, TENNESSEE.
Amounts authorized to be appropriated pursuant to section 201 for
the Navy shall be available to the Secretary of the Navy for the
acquisition of real property under section 2819 of this Act (related to
the Navy Large Cavitation Channel, Memphis, Tennessee).
SEC. 265. STRATEGIC ENVIRONMENTAL RESEARCH COUNCIL.
(a) Membership.--Section 2902(b) of title 10, United States Code, is
amended--
(1) by striking out paragraph (1);
(2) by redesignating paragraphs (2), (3), and (4), as paragraphs
(1), (2), and (3), respectively;
(3) by inserting after paragraph (3), as so redesignated, the
following new paragraph (4):
``(4) The Deputy Under Secretary of Defense responsible for
environmental security.''; and
(4)
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by striking out paragraph (6) and inserting in lieu thereof
the following new paragraph (6):
``(6) The Assistant Secretary of Energy responsible for
environmental restoration and waste management.''.
(b) Extension of Authority To Establish Employee Pay Rates.--Section
2903(d)(2) of title 10, United States Code, is amended by striking out
``November 5, 1992'' and inserting in lieu thereof ``September 30,
1995''.
SEC. 266. REPEAL OF REQUIREMENT FOR STUDY BY OFFICE OF TECHNOLOGY
ASSESSMENT.
Section 802(c) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1414; 10 U.S.C. 2372
note) is repealed.
SEC. 267. COMPREHENSIVE INDEPENDENT STUDY OF NATIONAL CRYPTOGRAPHY
POLICY.
(a) Study by National Research Council.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall request the National Research Council of the National Academy of
Sciences to conduct a comprehensive study of cryptographic technologies
and national cryptography policy.
(b) Matters To Be Assessed in Study.--The study shall assess--
(1) the effect of cryptographic technologies on--
(A) national security interests of the United States
Government;
(B) law enforcement interests of the United States
Government;
(C) commercial interests of United States industry; and
(D) privacy interests of United States citizens; and
(2) the effect on commercial interests of United States industry
of export controls on cryptographic technologies.
(c) Interagency Cooperation With Study.--The Secretary of Defense
shall direct the National Security Agency, the Advanced Research
Projects Agency, and other appropriate agencies of the Department of
Defense to cooperate fully with the National Research Council in its
activities in carrying out the study under this section. The Secretary
shall request all other appropriate Federal departments and agencies to
provide similar cooperation to the National Research Council.
(d) Funding.--Of the amount authorized to be appropriated in section
201 for Defense-wide activities, $800,000 shall be available for the
study under this section.
(e) Report.--(1) The National Research Council shall complete the
study and submit to the Secretary of Defense a report on the study
within approximately two years after full processing of security
clearances under subsection (f). The report on the study shall set forth
the Council's findings and conclusions and the recommendations of the
Council for improvements in cryptography policy and procedures.
(2) The Secretary shall submit the report to the Committee on Armed
Services, the Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate and to the Committee on Armed Services, the
Committee on the Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives not later than 120 days
after the day on which the report is submitted to the Secretary. The
report shall be submitted to those committees in unclassified form, with
classified annexes as necessary.
(f) Expedited Processing of Security Clearances for Study.--For the
purpose of facilitating the commencement of the study under this
section, the Secretary of Defense shall expedite to the fullest degree
possible the processing of security clearances that are necessary for
the National Research Council to conduct the study.
SEC. 268. REVIEW OF ASSIGNMENT OF DEFENSE RESEARCH AND DEVELOPMENT
CATEGORIES.
(a) Responsible Official.--The Secretary of Defense shall designate
an official within the Office of the Secretary of Defense to be
responsible for conducting an annual review of program elements for
proper categorization to the research and development categories of the
Department of Defense designated as 6.1, 6.2, 6.3, 6.4, 6.5, and 6.6.
(b) Review Required.--The Secretary of Defense shall carry out a
review of the general content of the research and development categories
specified in subsection (a), including a review of the criteria for
assigning programs to those categories. The review shall examine the
assignment of current programs to those categories for the purpose of
ensuring that those programs are correctly categorized and assigned
program element numbers in accordance with existing Department of
Defense policy.
(c) Report.--The Secretary shall include with the budget
justification materials for fiscal year 1995 submitted to Congress by
the Secretary in support of the President's budget for that year a
report on the implementation of this section. The report--
(1) shall specify the official designated under subsection (a);
and
(2) shall include a certification (or an explanation of why the
Secretary cannot certify) that current research and development
programs are correctly categorized as described in subsection (b).
SEC. 269. AUTHORIZED USE FOR FACILITY CONSTRUCTED WITH PRIOR DEFENSE
GRANT FUNDS.
The plasma arc facilities constructed using funds provided under
grants made to the South Carolina Research Authority from amounts
appropriated in the Department of Defense Appropriations Act, 1988
(Public Law 100-463), and the Department of Defense Appropriations Act,
1991 (Public Law 101-511), may be equipped and operated as prototype
materials processing facilities.
SEC. 270. GRANT TO SUPPORT RESEARCH ON EXPOSURE TO HAZARDOUS AGENTS
AND MATERIALS BY MILITARY PERSONNEL WHO SERVED IN THE PERSIAN GULF
WAR.
(a) Findings.--Congress makes the following findings:
(1) A number of veterans of the Persian Gulf War have reported
unexplained illnesses and claim that such illnesses are a
consequence of exposure to hazardous agents or materials as a result
of service in Southwest Asia during the Persian Gulf War.
(2) Reports indicate that members of the Armed Forces who served
in Southwest Asia during the Persian Gulf War may have been exposed
to hazardous agents, including chemical warfare agents, biotoxins,
and other substances during such service.
(3) It is in the interest of the United States that medical
professionals providing care to members of the Armed Forces and to
veterans understand the nature of the illnesses that such members
and veterans may contract in order to ensure that such professionals
have sufficient information to provide proper care to such members
and veterans.
(b) Grant To Support Establishment of Research Facility To Study
Low-Level Chemical Sensitivities.--The Secretary of Defense is
authorized to make a grant in the amount of $1,200,000 to a medical
research institution for the purpose of constructing and equipping a
specialized environmental medical facility at that institution for the
conduct of research into the possible health effect of exposure to low
levels of hazardous chemicals, including chemical warfare agents and
other substances and the individual susceptibility of humans to such
exposure under environmentally controlled conditions, and for the
conduct of such research, especially among persons who served on active
duty in the Southwest Asia theater of operations during the Persian Gulf
War. The grant shall be made in consultation with the Secretary of
Veterans Affairs and the Secretary of Health and Human Services. The
institution to which the grant is to be made shall be selected through
established acquisition procedures.
(c) Funding Source.--Funds for the grant under subsection (b) shall
be made from amounts appropriated to the Department of Defense for
fiscal year 1994 for research, development, test, and evaluation.
(d) Selection Criteria.--To be eligible to be selected for a grant
under subsection (b), an institution must meet each of the following
requirements:
(1) Be affiliated with an accredited hospital and be affiliated
with, and in close proximity to, a Department
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of Defense medical and
a Department of Veterans Affairs medical center.
(2) Enter into an agreement with the Secretary of Defense to
ensure that research personnel of those affiliated medical
facilities and other relevant Federal personnel may have access to
the facility to carry out research.
(3) Have demonstrated potential or ability to ensure the
participation of scientific personnel with expertise in research on
possible chemical sensitivities to low-level exposure to hazardous
chemicals and other substances.
(4) Have immediate access to sophisticated physiological imaging
(including functional brain imaging) and other innovative research
technology that could better define the possible health effects of
low-level exposure to hazardous chemicals and other substances and
lead to new therapies.
(e) Participation by the Department of Defense.--The Secretary of
Defense shall ensure that each element of the Department of Defense
provides to the medical research institution that is awarded the grant
under subsection (b) any information possessed by that element on
hazardous agents and materials to which members of the Armed Forces may
have been exposed as a result of service in Southwest Asia during the
Persian Gulf War and on the effects upon humans of such exposure. To the
extent available, the information provided shall include unit
designations, locations, and times for those instances in which such
exposure is alleged to have occurred.
(f) Reports to Congress.--Not later than October 1, 1994, and
annually thereafter for the period that research described in subsection
(b) is being carried out at the facility constructed with the grant made
under this section, the Secretary shall submit to the congressional
defense committees a report on the results during the year preceding the
report of the research and studies carried out under the grant.
SEC. 271. RESEARCH ON EXPOSURE TO DEPLETED URANIUM BY MILITARY
PERSONNEL WHO SERVED IN THE PERSIAN GULF WAR.
(a) Grant To Support Research On The Effects Of Depleted Uranium.--
From the funds appropriated or otherwise made available in fiscal year
1994 for research, development, test, and evaluation for the Department
of Defense, the Secretary of Defense is authorized to make a competitive
award of a grant in the amount of $1,700,000 to a medical research
institution for the purpose of studying the possible health effects of
battlefield exposure to depleted uranium, including exposure through
ingestion, inhalation, or bodily injury. The selection of the
institution to which the grant is awarded shall be made in accordance
with established defense acquisition procedures.
(b) Research Program.--The research to be conducted at the facility
for which a grant is made under subsection (a) shall explore the
possible short-term and long-term health effects of exposure to depleted
uranium, including exposure through ingestion, inhalation, or bodily
injury, and the individual susceptibility of service personnel to such
exposure. Such research shall focus on (but not be limited to) persons
who may have been exposed to depleted uranium while serving on active
duty in the theater of operations during the Persian Gulf War. The
specific objectives of the study shall include investigation of the
pathology of depleted uranium fragments under controlled conditions,
including--
(1) assessment of the toxico-kinetic properties of the various
chemical forms of depleted uranium that could be inhaled, ingested,
or imbedded;
(2) examination of whether there are depleted uranium cancer
induction mechanisms similar to those observed in Thorotrast-
specific liver cancers;
(3) determination of whether the radiogenic effects described in
paragraphs (1) and (2) occur and, if so, at what fragment densities
and latent periods;
(4) assessment of long-term, low-dose-rate irradiation of
specific tissues, such as those of the nervous system;
(5) determination of the potential for chronic nephrotoxicity as
a function of the organ exposed to depleted uranium; and
(6) conduct of pathological studies of tissue surrounding
depleted uranium particles.
(c) Reports To Congress.--Not later than October 1, 1994, and
annually thereafter for the period that research described in subsection
(a) is being carried out under the grant made under this section, the
Secretary shall submit to the congressional defense committees a report
on the results of such research during the year preceding the report.
SEC. 272. SENSE OF CONGRESS ON METALCASTING AND CERAMIC
SEMICONDUCTOR PACKAGE INDUSTRIES.
(a) Metalcasting Industry.--It is the sense of Congress that--
(1) the health and viability of the metalcasting industry of the
United States are at serious risk; and
(2) the Secretary of Defense should seriously consider providing
funds, from the funds made available pursuant to section 201, for
research and development activities of the metalcasting industry,
including the following activities:
(A) Development of casting technologies and techniques.
(B) Improvement of technology transfer within the
metalcasting industry in the United States.
(C) Improvement of training for the metalcasting industry
workforce.
(b) Ceramic Semiconductor Package Industry.--It is the sense of
Congress that--
(1) the health and viability of the ceramic semiconductor
package industry of the United States are at serious risk, as
demonstrated by the action plan relating to the ceramic
semiconductor package industry issued by the Secretary of Commerce
on August 15, 1993;
(2) advanced ceramic semiconductor packages are critical
components under section 107 of the Defense Production Act (50
U.S.C. App. 2077);
(3) the technologies used in producing ceramic and advanced
ceramic semiconductor packages are dual-use technologies; and
(4) the Secretary of Defense should provide funds for support of
the domestic ceramic semiconductor package industry through the
following types of activities:
(A) Research and development.
(B) Procurement by the Department of Defense of ceramic
semiconductor packages made in the United States.
(C) Assistance to the industry in meeting qualification
specifications of the Department of Defense for procurement
solicitations.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance in amounts as follows:
(1) For the Army, $15,907,246,000.
(2) For the Navy, $20,076,440,000.
(3) For the Marine Corps, $1,860,056,000.
(4) For the Air Force, $19,330,109,000.
(5) For Defense-wide activities, $9,235,461,000.
(6) For Medical Programs, Defense, $9,379,447,000.
(7) For the Army Reserve, $1,095,590,000.
(8) For the Naval Reserve, $772,706,000.
(9) For the Marine Corps Reserve, $82,950,000.
(10) For the Air Force Reserve, $1,346,292,000.
(11) For the Army National Guard, $2,216,544,000.
(12) For the Air National Guard, $2,639,204,000.
(13) For the National Board for the Promotion of Rifle Practice,
$2,483,000.
(14) For the Defense Inspector General, $161,001,000.
(15) For Drug Interdiction and Counter-drug Activities, Defense-
wide, $868,200,000.
(16) For the Court of Military Appeals, $6,055,000.
(17) For Environmental Restoration, Defense, $1,962,400,000.
(18) For Humanitarian Assistance, $48,000,000.
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(19) For support for the 1996 Summer Olympics, $2,000,000.
(20) For support for the 1994 World Cup Games, $12,000,000.
(21) For Former Soviet Union Threat Reduction, $400,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund, $1,116,095,000.
(2) For the National Defense Sealift Fund, $290,800,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1994
from the Armed Forces Retirement Home Trust Fund the sum of $61,918,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND OBLIGATIONS.
During fiscal year 1994, $24,000,000 is authorized to be obligated
from the National Security Education Trust Fund established by section
804(a) of the David L. Boren National Security Education Act of 1991
(Public Law 102-183; 50 U.S.C. 1904(a)).
SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCKPILE FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $500,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1994 in amounts as follows:
(1) For the Army, $150,000,000.
(2) For the Navy, $150,000,000.
(3) For the Air Force, $200,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with and be available for the same purposes
and the same period as the amounts in the accounts to which
transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1101.
SEC. 306. FUNDS FOR CLEARING LANDMINES.
(a) Limitation.--Of the funds authorized to be appropriated in
section 301, not more than $10,000,000 shall be available for activities
to support the clearing of landmines for humanitarian purposes (as
determined by the Secretary of Defense), including the clearing of
landmines in areas in which refugee repatriation programs are on-going.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of subsection (a). The
report shall specify the following:
(1) The amount of the funds made available under subsection (a)
that are to be expended.
(2) The purposes for which the funds are to be expended.
(3) The location of the landmine clearing activity.
(4) Any use of United States military personnel or employees of
the Department of Defense in the activity.
(5) Any use of non-Federal Government organizations in the
activity.
(6) The relationship between the activity and the missions of
the Department of Defense.
Subtitle B--Limitations
SEC. 311. PROHIBITION ON OPERATION OF NAVAL AIR STATION, BERMUDA.
(a) Prohibition.--No funds available to the Department of Defense
for operation and maintenance may be used to operate Naval Air Station,
Bermuda after September 1, 1995.
(b) Report.--Not later than March 1, 1994, the Secretary of Defense
shall submit to the Congress a report that contains a plan for the
termination of the operation of Naval Air Station, Bermuda.
(c) Operation on Reimbursable Basis.--The Secretary of Defense may
provide support for airfield operations at Naval Air Station, Bermuda
after September 1, 1995, except that any such support shall be provided
only on a reimbursable basis.
SEC. 312. LIMITATION ON THE USE OF APPROPRIATED FUNDS FOR DEPARTMENT
OF DEFENSE GOLF COURSES.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``§2246. Department of Defense golf courses: limitation on use of
appropriated funds
``(a) Limitation.--Except as provided in subsection (b), funds
appropriated to the Department of Defense may not be used to equip,
operate, or maintain a golf course at a facility or installation of the
Department of Defense.
``(b) Exceptions.--(1) Subsection (a) does not apply to a golf
course at a facility or installation outside the United States or at a
facility or installation inside the United States at a location
designated by the Secretary of Defense as a remote and isolated
location.
``(2) The Secretary of Defense shall prescribe regulations governing
the use of appropriated funds under this subsection.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2246. Department of Defense golf courses: limitation on use of
appropriated funds.''.
SEC. 313. PROHIBITION ON THE USE OF CERTAIN COST COMPARISON STUDIES.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of Defense may not, during the period beginning on the date of
the enactment of this Act and ending on April 1, 1994, enter into a
contract for the performance of a commercial activity if the contract
results from a cost comparison study conducted by the Department of
Defense under Office of Management and Budget Circular A-76 (or any
successor administrative regulation or policy).
(b) Exceptions for Certain Contracts.--Subsection (a) does not apply
to--
(1) a contract to be carried out at a location outside the
United States at which members of the Armed Forces would otherwise
have to be used for the performance of an activity described in
subsection (a) at the expense of unit readiness; or
(2) a contract (or the renewal of a contract) for the
performance of an activity under contract on September 30, 1992.
SEC. 314. LIMITATION ON CONTRACTS WITH CERTAIN SHIP REPAIR COMPANIES
FOR SHIP REPAIR.
(a) Limitation.--The Secretary of the Navy may not enter into a
contract having a value greater than $250,000 with a ship repair company
referred to in subsection (b) for the overhaul, repair, or maintenance
of a naval vessel until the Secretary submits to the Committees on Armed
Services of the Senate and House of Representatives the certification
referred to in subsection (c).
(b) Covered Ship Repair Company.--A ship repair company referred to
in subsection (a) is a ship repair company located outside the United
States that was the subject of a court inquiry into fatalities resulting
from ship repairs performed by that company in fiscal year 1990, 1991,
1992, or 1993.
(c) Certification.--The certification referred to in subsection (a)
is a certification that a ship repair company referred to in subsection
(b) has initiated legal proceedings, or other proceedings, to compensate
the survivors of each member of the Navy killed as a result of faulty
ship repair performed by that company during a fiscal year referred to
in such subsection.
(d) Waiver.--A contract referred to in subsection (a) may be entered
into pursuant to a waiver of the limitation in such subsection only
after the Secretary of the Navy submits to the Committees on Armed
Services of the Senate and House of Representatives a certification
that--
(1) the work is for voyage repairs; or
(2) there is a compelling national security reason for the work
to be done by the ship repair company.
SEC. 315. REQUIREMENT OF PERFORMANCE IN THE UNITED STATES OF CERTAIN
REFLAGGING OR REPAIR WORK.
(a) Requirement.--Section 2631 of title 10, United
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States Code, is
amended--
(1) by inserting ``(a)'' before ``Only vessels''; and
(2) by adding at the end the following new subsection:
``(b)(1) In each request for proposals to enter into a time-charter
contract for the use of a vessel for the transportation of supplies
under this section, the Secretary of Defense shall require that any
reflagging or repair work on a vessel for which a proposal is submitted
in response to the request for proposals be performed in the United
States (including any territory of the United States).
``(2) In paragraph (1), the term `reflagging or repair work' means
work performed on a vessel--
``(A) to enable the vessel to meet applicable standards to
become a vessel of the United States; or
``(B) to convert the vessel to a more useful military
configuration.
``(3) The Secretary of Defense may waive the requirement described
in paragraph (1) if the Secretary determines that such waiver is
critical to the national security of the United States. The Secretary
shall immediately notify the Congress of any such waiver and the reasons
for such waiver.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
to a vessel for which reflagging or repair work is necessary to be
performed after the date of the enactment of this Act.
SEC. 316. PROHIBITION ON JOINT CIVIL AVIATION USE OF SELFRIDGE AIR
NATIONAL GUARD BASE, MICHIGAN.
The Secretary of the Air Force may not enter into any agreement that
would provide for or permit civil aircraft to regularly use Selfridge
Air National Guard Base, Michigan.
SEC. 317. LOCATION OF CERTAIN PREPOSITIONING FACILITIES.
(a) Site for Army Prepositioning Maintenance Facility.--The
Secretary of the Army shall establish the Army Prepositioning
Maintenance Facility at Charleston, South Carolina.
(b) Limitation.--During the two-year period beginning on the date of
the enactment of this Act, the Secretary of Defense shall ensure that
separate but complementary prepositioning facilities are maintained in
Charleston, South Carolina, and Blount Island, Jacksonville, Florida,
for the Army and Marine Corps, respectively.
(c) Report Before Subsequent Relocation.--After the end of such two-
year period, the Secretary of the Navy may not relocate the Marine
Prepositioning Forces from Blount Island, Jacksonville, Florida, until
the Secretary of Defense has submitted to the Committees on Armed
Services of the Senate and House of Representatives a detailed cost
analysis and operational analysis explaining the basis of the decision
for such relocation.
Subtitle C--Defense Business Operations Fund
SEC. 331. EXTENSION OF AUTHORITY FOR USE OF THE DEFENSE BUSINESS
OPERATIONS FUND.
Section 316(a) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 2208 note) is amended by striking out
``April 15, 1994'' and inserting in lieu thereof ``December 31, 1994''.
SEC. 332. IMPLEMENTATION OF THE DEFENSE BUSINESS OPERATIONS FUND.
Section 316 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 2208 note) is amended by striking out
subsections (d), (e), and (f) and inserting in lieu thereof the
following new subsections (d), (e), and (f):
``(d) Comprehensive Management Plan.--(1) Not later than 30 days
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 1994, the Secretary of Defense shall submit to the
congressional defense committees a comprehensive management plan for the
Defense Business Operations Fund. The Secretary shall identify in the
plan the actions the Secretary will take to improve the implementation
and operation of the Defense Business Operations Fund.
``(2)(A) The plan shall also include the following matters:
``(i) The specific tasks to be performed to address the serious
shortcomings that exist in the Fund's implementation and operation.
``(ii) Milestones for starting and completing each task.
``(iii) A statement of the resources needed to complete each
task.
``(iv) The specific organizations within the Department of
Defense that are responsible for accomplishing each task.
``(v) Department of Defense plans to monitor the implementation
of all corrective actions.
``(B) The plan shall also address the following specific areas:
``(i) The management and organizational structure of the Fund.
``(ii) The development and implementation of the policies and
procedures, including cash management and internal controls,
applicable to the Fund.
``(iii) Management reporting, including financial and
operational reporting.
``(iv) Accuracy and reliability of cost accounting data.
``(v) Development and use of performance indicators to measure
the efficiency and effectiveness of Fund operations.
``(vi) The status of efforts to develop and implement new
financial systems for the Fund.
``(e) Progress Report on Implementation.--Not later than February 1,
1994, the Secretary of Defense shall submit to the congressional defense
committees a report on the progress made in implementing the
comprehensive management plan required by subsection (d). The report
shall describe the progress made in reaching the milestones established
in the plan and provide an explanation for the failure to meet any of
the milestones. The Secretary shall submit a copy of the report to the
Comptroller General of the United States at the same time the Secretary
submits the report to the congressional defense committees.
``(f) Responsibilities of the Comptroller General.--(1) The
Comptroller General shall monitor and evaluate the progress of the
Department of Defense in developing and implementing the comprehensive
management plan required by subsection (d).
``(2) Not later than March 1, 1994, the Comptroller General shall
submit to the congressional defense committees a report containing the
following:
``(A) The findings and conclusions of the Comptroller General
resulting from the monitoring and evaluation conducted under
paragraph (1).
``(B) An evaluation of the progress report submitted to the
congressional defense committees by the Secretary of Defense
pursuant to subsection (e).
``(C) Any recommendations for legislation or administrative
action concerning the Fund that the Comptroller General considers
appropriate.''.
SEC. 333. CHARGES FOR GOODS AND SERVICES PROVIDED THROUGH THE
DEFENSE BUSINESS OPERATIONS FUND.
(a) In General.--Charges for goods and services provided through the
Defense Business Operations Fund--
(1) shall include amounts necessary to recover the full costs
of--
(A) the development, implementation, operation, and
maintenance of systems supporting the wholesale supply and
maintenance activities of the Department of Defense; and
(B) the use of military personnel in the provision of the
goods and services, as computed by calculating, to the maximum
extent practicable, such costs if employees of the Department of
Defense were used in the provision of the goods and services;
and
(2) shall not include amounts necessary to recover the costs of
a military construction project (as such term is defined in section
2801(b) of title 10, United States Code), other than a minor
construction project financed by the Defense Business Operations
Fund pursuant to section 2805(c)(1) of such title.
(b) Defense Finance Accounting Services.--The full cost of the
operation of the Defense Finance Accounting Service shall be financed
within the Defense Business Operations Fund through charges for goods
and services provided through the Fund.
(c) Modification of Capital Asset Subaccount.--Section 342 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 2208 note) is amended--
2000
(1) in subsection (a), by striking out the third sentence;
(2) in subsection (b), by striking out ``, to the extent
provided for in appropriations Acts''; and
(3) in subsection (d), by striking out ``, during fiscal year
1993 and until April 15, 1994,''.
SEC. 334. LIMITATION ON OBLIGATIONS AGAINST THE DEFENSE BUSINESS
OPERATIONS FUND.
(a) Limitation.--(1) The Secretary of Defense may not incur
obligations against the supply management divisions of the Defense
Business Operations Fund during fiscal year 1994 in a total amount in
excess of 65 percent of the total amount derived from sales from such
divisions during that fiscal year.
(2) For purposes of determining the amount of obligations incurred
against, and sales from, such divisions during fiscal year 1994, the
Secretary shall exclude obligations and sales for fuel, commissary and
subsistence items, retail operations, repair of equipment and spare
parts in support of repair, direct vendor deliveries, foreign military
sales, initial outfitting requiring equipment furnished by the Federal
Government, and the cost of operations.
(b) Exception.--The Secretary of Defense may waive the limitation
described in subsection (a) if the Secretary determines that such waiver
is necessary in order to maintain the readiness and combat effectiveness
of the Armed Forces. The Secretary shall immediately notify Congress of
any such waiver and the reasons for such waiver.
Subtitle D--Depot-Level Activities
SEC. 341. DEPARTMENT OF DEFENSE DEPOT TASK FORCE.
(a) Establishment.--The Secretary of Defense shall establish a task
force to assess the overall performance and management of depot-level
activities of the Department of Defense. The assessment shall include
the following:
(1) The identification of the depot-level maintenance workloads
that were performed during each of fiscal years 1990 through 1993
for the military departments and the Defense Agencies by employees
of the Department of Defense and by non-Federal Government
personnel.
(2) An estimate of the current capacity to carry out the
performance of depot-level maintenance workloads by employees of the
Department of Defense and by non-Federal Government personnel.
(3) An identification of the rationale used by the Department of
Defense to support a decision to provide for the performance of a
depot-level maintenance workload by employees of the Department of
Defense or by non-Federal Government personnel.
(4) An evaluation of the cost, manner, and quality of
performance of the depot-level maintenance workload by employees of
the Department of Defense and by non-Federal Government personnel.
(5) An evaluation of the manner of determining the core workload
requirements for depot-level maintenance workloads performed by
employees of the Department of Defense.
(6) A comparison of the methods by which the rates and prices
for depot-level maintenance workloads performed by employees of the
Department of Defense are determined with the methods by which such
rates and prices are determined for depot-level maintenance
workloads performed by non-Federal Government personnel.
(7) A discussion of the issues involved in determining the
balance between the amount of depot-level maintenance workloads
assigned for performance by employees of the Department of Defense
and the amount of depot-level maintenance workloads assigned for
performance by non-Federal Government personnel, including the
preservation of surge capabilities and essential industrial base
capabilities needed in the event of mobilization.
(8) An identification of the depot-level functions and
activities that are suitable for performance by employees of the
Department of Defense and the depot-level functions and activities
that are suitable for performance by non-Federal Government
personnel.
(9) An identification of the management and organizational
structure of the Department of Defense necessary for the Department
to provide the optimal management of depot-level maintenance and the
allocation of related resources.
(b) Membership.--The task force established pursuant to subsection
(a) shall be composed of individuals from the Department of Defense and
the private sector who--
(1) have expertise in the management of depot-level activities;
(2) have expertise in acquisition;
(3) have expertise in the management of relevant items and
weapon systems; and
(4) are or have been users of depot-level maintenance products
produced by employees of the Department of Defense and by non-
Federal Government personnel.
(c) Pay and Travel Expenses.--(1) Except as provided in paragraph
(3), each member of the task force shall be paid at a rate equal to the
daily equivalent of the minimum annual rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which the
member is engaged in the actual performance of the duties of the task
force.
(2) Each member of the task force shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(3) Except as provided in paragraph (2), a member of the task force
who is an employee of the Department of Defense or a member of the Armed
Forces may not receive additional pay, allowances, or benefits by reason
of such individual's service on the task force.
(d) Administrative Support.--The Secretary of Defense shall provide
the task force with the administrative, professional, and technical
support required by the task force to carry out its duties under this
section.
(e) Report.--Not later than April 1, 1994, the task force shall
submit to the Secretary of Defense and the congressional defense
committees a report on the results of the assessment conducted under
subsection (a) and the recommendations of the task force for any
legislative and administrative action the task force considers to be
appropriate.
(f) Termination.--The task force shall terminate not later than 60
days after submitting its report pursuant to subsection (e).
SEC. 342. LIMITATION ON CONSOLIDATION OF MANAGEMENT OF DEPOT-LEVEL
MAINTENANCE WORKLOAD.
The Secretary of Defense may not, during fiscal year 1994,
consolidate the management of the depot-level maintenance workload of
the Department of Defense under a single Defense-wide entity.
SEC. 343. CONTINUATION OF CERTAIN PERCENTAGE LIMITATIONS ON THE
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
The Secretary of Defense shall ensure that the percentage
limitations applicable to the depot-level maintenance workload performed
by non-Federal Government personnel set forth in section 2466 of title
10, United States Code, are adhered to.
SEC. 344. SENSE OF CONGRESS ON THE PERFORMANCE OF CERTAIN DEPOT-
LEVEL WORK BY FOREIGN CONTRACTORS.
(a) Sense of Congress.--It is the sense of the Congress that the
Secretary of Defense should not contract for the performance by a person
or organization described in subsection (b) of any depot-level
maintenance work on equipment located in the United States if the
Secretary determines that the work could be performed in the United
States on a cost-effective basis and without significant adverse effect
on the readiness of the Armed Forces.
(b) Covered Persons and Organizations.--A person or organization
referred to in subsection (a) is a person or organization which is not
part of the national technology and industrial base, as such term is
defined in section 2491(1) of title 10, United States Code.
SEC. 345. SENSE OF CONGRESS ON THE ROLE OF DEPOT-LEVEL ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
(a) Findings.--The Congress makes the following findings:
(1) The depot-le
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vel maintenance and repair activities of the
Department of Defense provide the Armed Forces with a critical
capacity to respond to the needs of the Armed Forces for depot-level
maintenance and repair of weapon systems and equipment.
(2) The depot-level maintenance and repair activities of the
Department of Defense provide the Department with capabilities that
are uniquely suited to responding to the increased need for repair
and maintenance of weapon systems and equipment which may arise in
times of national crisis.
(3) The skilled employees and equipment of the depot-level
maintenance and repair activities of the Department of Defense are
an essential component of the overall defense industrial base of the
United States.
(4) The critical role of the depot-level maintenance and repair
activities of the Department of Defense is recognized in section
2466 of title 10, United States Code, which provides that the
Secretary of a military department and, with respect to a Defense
Agency, the Secretary of Defense, may not contract for the
performance by non-Federal Government personnel of more than 40
percent of the depot-level maintenance workload for the military
department or the Defense Agency.
(5) Maintenance of this critical industrial capability in the
Department of Defense requires that an appropriate level of the
depot-level maintenance and repair of new weapon systems be assigned
to depot-level maintenance and repair activities of the Department
of Defense.
(b) Sense of Congress.--It is the sense of the Congress that, in
order to maintain the critical depot-level maintenance and repair
capability for military weapon systems and equipment, the Secretary of
Defense shall, to the maximum extent practicable, ensure that a
sufficient amount of the depot-level maintenance and repair of new
weapon systems and equipment is assigned to depot-level maintenance and
repair activities of the Department of Defense, consistent with the
requirements of section 2466 of title 10, United States Code.
SEC. 346. CONTRACTS TO PERFORM WORKLOADS PREVIOUSLY PERFORMED BY
DEPOT-LEVEL ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
Section 2469 of title 10, United States Code, is amended--
(1) by inserting ``(a) Requirement for Competition.--''P before
``The Secretary of Defense'';
(2) by striking out ``threshold'';
(3) by striking out ``unless'' and all that follows and
inserting in lieu thereof ``to performance by a contractor unless
the Secretary uses competitive procedures for the selection of the
contractor to perform such workload.''; and
(4) by adding at the end the following new subsection:
``(b) Inapplicability of OMB Circular A-76.--The use of Office of
Management and Budget Circular A-76 shall not apply to a performance
change under subsection (a).''.
SEC. 347. AUTHORITY TO WAIVE CERTAIN CLAIMS OF THE UNITED STATES.
(a) Description of Claims Involved.--This section applies with
respect to any claim of the United States against an individual which
relates to a bonus or other payment awarded to such individual under a
productivity gainsharing program based on work performed by such
individual as an employee of Naval Aviation Depot, Norfolk, Virginia, or
as an employee of Naval Aviation Depot, Jacksonville, Florida, after
September 30, 1988, and before October 1, 1992.
(b) Waiver Authority Available Without Regard to Amount Involved.--
Notwithstanding the limitation set forth in section 2774(a)(2)(A) of
title 10, United States Code, any waiver authority under section
2774(a)(2) of such title may be exercised, with respect to any claim
described in subsection (a) of this section, without regard to the
amount involved.
(c) Report.--Not later than March 1, 1994, the Secretary of the Navy
shall submit to the congressional defense committees a report that
specifies--
(1) the circumstances under which each overpayment of a bonus or
other payment referred to in subsection (a) was made;
(2) the number of individuals to whom such an overpayment was
made;
(3) the total amount of such overpayments; and
(4) any action planned or initiated by the Secretary to prevent
the occurrence of similar overpayments in the future.
(d) Definition.--In this section, the term ``productivity
gainsharing program'' means a productivity gainsharing program
established under chapter 45 or section 5407 of title 5, United States
Code, or Executive Order No. 12637 (31 U.S.C. 501 note).
Subtitle E--Commissaries and Military Exchanges
SEC. 351. PROHIBITION ON OPERATION OF COMMISSARY STORES BY ACTIVE
DUTY MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by inserting after section 976 the following new section:
``§977. Operation of commissary stores: assignment of active duty
members generally prohibited
``(a) General Rule.--A member of the armed forces on active duty may
not be assigned to the operation of a commissary store.
``(b) Exception for DCA Director.--The Secretary of Defense may
assign an officer on the active-duty list to serve as the Director of
the Defense Commissary Agency.
``(c) Exception for Certain Additional Members.--Beginning on
October 1, 1996, not more than 18 members (in addition to the officer
referred to in subsection (b)) of the armed forces on active duty may be
assigned to the Defense Commissary Agency. Members who may be assigned
under this subsection to regional headquarters of the agency shall be
limited to enlisted members assigned to duty as advisors in the regional
headquarters responsible for overseas commissaries and to veterinary
specialists.
``(d) Exception for Certain Navy Personnel.--(1) The Secretary of
the Navy may assign to the Defense Commissary Agency a member of the
Navy on active duty whose assignment afloat is part of the operation of
a ship's food service or a ship's store. Any such assignment shall be on
a nonreimbursable basis.
``(2) The number of such members assigned to the Defense Commissary
Agency during any period before October 1, 1996, may not exceed the
number of such members so assigned on October 1, 1993. After September
30, 1996, the number of such members so assigned may not exceed the
lesser of (A) the number of members so assigned on October 1, 1993, and
(B) 400.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
976 the following new item:
``977. Operation of commissary stores: assignment of active duty members
generally prohibited.''.
SEC. 352. MODERNIZATION OF AUTOMATED DATA PROCESSING CAPABILITY OF
THE DEFENSE COMMISSARY AGENCY.
In order to perform inside the Defense Commissary Agency all
automated data processing functions of the Agency as soon as possible,
the Secretary of Defense shall, consistent with other applicable law,
take any action necessary to expedite the modernization of the automated
data processing capability of the Agency, including the adoption of the
use of commercial grocery industry practices and financial management
programs with respect to such processing.
SEC. 353. OPERATION OF STARS AND STRIPES BOOKSTORES OVERSEAS BY THE
MILITARY EXCHANGES.
(a) Requirement.--The Secretary of Defense shall provide for the
commencement, not later than October 1, 1994, of the operation of Stars
and Stripes bookstores outside of the United States by the military
exchanges.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out subsection (a).
SEC. 354. AVAILABILITY OF FUNDS FOR RELOCATION EXPENSES OF THE NAVY
EXCHANGE SERVICE COMMAND.
Of funds authorized to be appropriated under section 301(2), not
more than $10,000,000 shall be available to provide for the payment of
expenses incurred by the Navy Exch
2000
ange Service Command to relocate
functions and activities from Naval Station, Staten Island, New York, to
Norfolk, Virginia.
Subtitle F--Other Matters
SEC. 361. EMERGENCY AND EXTRAORDINARY EXPENSE AUTHORITY FOR THE
INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.
Section 127 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``, the Inspector
General of the Department of Defense,'' after ``the Secretary of
Defense'';
(B) in the second sentence, by inserting ``or the Inspector
General'' after ``the Secretary concerned''; and
(C) in the third sentence, by inserting ``or the Inspector
General'' after ``The Secretary concerned'';
(2) in subsection (b), by inserting ``, by the Inspector General
to any person in the Office of the Inspector General,'' after ``the
Department of Defense''; and
(3) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following new paragraph:
``(2) The amount of funds expended by the Inspector General of the
Department of Defense under subsections (a) and (b) during a fiscal year
may not exceed $400,000.''.
SEC. 362. AUTHORITY FOR CIVILIAN EMPLOYEES OF THE ARMY TO ACT ON
REPORTS OF SURVEY.
Section 4835 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or any civilian employee
of the Department of the Army'' after ``any officer of the Army'';
and
(2) in subsection (b), by striking out ``an officer of the Army
designated by him.'' and inserting in lieu thereof ``the Secretary's
designee. The Secretary may designate officers of the Army or
civilian employees of the Department of the Army to approve such
action.''.
SEC. 363. EXTENSION OF GUIDELINES FOR REDUCTIONS IN CIVILIAN
POSITIONS.
(a) Extension of Guidelines.--Section 1597 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking out ``during fiscal year
1993'' and inserting in lieu thereof ``during a fiscal year''; and
(2) in subsection (b), by striking out ``for fiscal year 1993''.
(b) Update of Master Plan.--Section 1597(c) of such title is
amended--
(1) in paragraph (1), by striking out ``for fiscal year 1994''
and inserting in lieu thereof ``for each fiscal year'';
(2) in subparagraph (A) of paragraph (3), by adding at the end
the following new clause:
``(vii) The total number of individuals employed by
contractors and subcontractors of the Department of Defense
under a contract or subcontract entered into pursuant to Office
of Management and Budget Circular A-76 to perform commercial
activities for the Department of Defense, a military department,
a defense agency, or other component.''; and
(3) by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall include in the materials
referred to in paragraph (1) a report on the implementation of the
master plan for the fiscal year immediately preceding the fiscal year
for which such materials are submitted.''.
SEC. 364. AUTHORITY TO EXTEND MAILING PRIVILEGES.
Paragraph (1) of section 3401(a) of title 39, United States Code, is
amended--
(1) in the matter before subparagraph (A)--
(A) by inserting ``an individual who is'' before ``a
member''; and
(B) by inserting ``or a civilian, otherwise authorized to
use postal services at Armed Forces installations, who holds a
position or performs one or more functions in support of
military operations, as designated by the military theater
commander,'' after ``section 101 of title 10,''; and
(2) in subparagraphs (A) and (B), by striking ``the member'' and
inserting ``such individual''.
SEC. 365. EXTENSION AND MODIFICATION OF PILOT PROGRAM TO USE
NATIONAL GUARD PERSONNEL IN MEDICALLY UNDERSERVED COMMUNITIES.
(a) Pilot Program.--Subsection (a) of section 376 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 501 note) is amended--
(1) by striking out ``Under regulations prescribed by the
Secretary of Defense, the'' and inserting in lieu thereof ``The'';
(2) by inserting ``, approved by the Secretary of Defense,''
after ``enter into an agreement''; and
(3) by striking out ``fiscal years 1993 and 1994'' and inserting
in lieu thereof ``fiscal years 1993, 1994, and 1995''.
(b) Funding Assistance.--Subsection (b) of such section is amended
to read as follows:
``(b) Funding Assistance.--Amounts made available from Department of
Defense accounts for operation and maintenance and for pay and
allowances to carry out the pilot program shall be apportioned by the
Chief of the National Guard Bureau among those States with which the
Chief has entered into approved agreements. In addition to such amounts,
the Chief of the National Guard Bureau may authorize any such State, in
order to carry out the pilot program during a fiscal year, to use funds
received as part of the operation and maintenance allotments and the pay
and allowances allotments for the National Guard of the State for that
fiscal year.''.
(c) Supplies and Equipment.--Such section is further 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
subsection (c):
``(c) Supplies and Equipment.--(1) Funds made available from
Department of Defense operation and maintenance accounts to carry out
the pilot program may be used for the purchase of supplies and equipment
necessary for the provision of health care under the pilot program.
``(2) In addition to supplies and equipment provided through the use
of funds under paragraph (1), supplies and equipment described in such
paragraph that are furnished by a State, a Federal agency, a private
agency, or an individual may be used to carry out the pilot program.''.
(d) Service of Participants.--Subsection (f) of such section, as
redesignated by subsection (c)(1), is amended to read as follows:
``(f) Service of Participants.--Service in the pilot program by a
member of the National Guard shall be considered training in the
member's Federal status as a member of the National Guard of a State
under section 270 of title 10, United States Code, and section 502 of
title 32, United States Code.''.
(e) Report.--Subsection (g) of such section, as redesignated by
subsection (c)(1), is amended by striking out ``January 1, 1994'' and
inserting in lieu thereof ``January 1, 1995''.
(f) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(h) Definitions.--In this section:
``(1) The term `health care' includes medical care services and
dental care services.
``(2) The term `Governor', with respect to the District of
Columbia, means the commanding general of the District of Columbia
National Guard.
``(3) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''.
SEC. 366. AMENDMENTS TO THE ARMED FORCES RETIREMENT HOME ACT OF
1991.
(a) Support for Home by Department of Defense.--Section 1511 of the
Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101-
510; 24 U.S.C. 411) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Department of Defense Support.--The Secretary of Defense may
make available to the Retirement Home, on a nonreimbursable basis,
administrative support and office services, legal and policy planning
assistance, access to investigative f
2000
acilities of the Inspector General
of the Department of Defense and of the military departments, and any
other support necessary to enable the Retirement Home to carry out its
functions under this Act.''.
(b) Authority of Retirement Home Chairman.--Paragraph (1) of section
1515(d) of such Act (24 U.S.C. 415(d)) is amended to read as follows:
``(1)(A) The Secretary of Defense shall select one of the members of
the Retirement Home Board to serve as chairman. The term of office of
the chairman shall be five years. At the discretion of the Secretary a
chairman may serve a second five-year term of office as chairman.
``(B) The chairman shall act as the chief executive officer of the
Armed Forces Retirement Home and while so acting shall not be
responsible to the Secretary of Defense or to the Secretaries of the
military departments for direction and management of the Retirement Home
or each facility maintained as a separate facility of the Retirement
Home.
``(C) The chairman may appoint, in addition to such ad hoc
committees as the chairman determines to be appropriate, a standing
executive committee to act for, and in the name of, the Retirement Home
Board at such times and on such matters as the chairman considers
necessary to expedite the efficient and timely management of each
facility maintained as a separate facility of the Retirement Home.
``(D) The chairman may appoint an administrative staff to assist the
chairman in the performance of the duties of the chairman. The chairman
shall determine the rates of pay applicable to such staff, except that a
staff member who is a member of the Armed Forces on active duty or who
is a full-time officer or employee of the United States shall receive no
additional pay by reason of service on the administrative staff.''.
(c) Hospital Care for Home Residents.--Section 1513(b) of such Act
(24 U.S.C. 413(b)) is amended by striking out the second sentence and
inserting in lieu thereof the following: ``Secondary and tertiary
hospital care for residents that is not available at a facility
maintained as a separate establishment of the Retirement Home shall, to
the extent available, be obtained by agreement with the Secretary of
Veterans Affairs or the Secretary of Defense in a facility administered
by such Secretary. The Retirement Home shall not be responsible for the
costs incurred for such care by a resident of the Retirement Home who
uses a private medical facility for such care.''.
(d) Disposition of Estates of Deceased Persons.--Subsection (a) of
section 1520 of such Act (24 U.S.C. 420) is amended to read as follows:
``(a) Disposition of Effects of Deceased Persons.--The Director of
each facility that is maintained as a separate establishment of the
Retirement Home shall safeguard and dispose of the estate and personal
effects of deceased residents, including effects delivered to such
facility under sections 4712(f) and 9712(f) of title 10, United States
Code, and shall ensure the following:
``(1) A will or other instrument of a testamentary nature
involving property rights executed by a resident shall be promptly
delivered, upon the death of the resident, to the proper court of
record.
``(2) If a resident dies intestate and the heirs or legal
representative of the deceased cannot be immediately ascertained,
the Director shall retain all property left by the decedent for a
three-year period beginning on the date of the death. If entitlement
to such property is established to the satisfaction of the Director
at any time during the three-year period, the Director shall
distribute the decedent's property, in equal pro-rata shares when
multiple beneficiaries have been identified, to the highest
following categories of identified survivors (listed in the order of
precedence indicated):
``(A) The surviving spouse or legal representative.
``(B) The children of the deceased.
``(C) The parents of the deceased.
``(D) The siblings of the deceased.
``(E) The next-of-kin of the deceased.''.
(e) Sale of Effects.--Subsection (b) of such section 1520 is amended
to read as follows:
``(b) Sale of Effects.--(1)(A) If the disposition of the estate of a
resident of the Retirement Home cannot be accomplished under subsection
(a)(2) or if a resident dies testate and the nominated fiduciary,
legatees, or heirs of the resident cannot be immediately ascertained,
the entirety of the deceased resident's domiciliary estate and the
entirety of any ancillary estate that is unclaimed at the end of the
three-year period beginning on the date of the death of the resident
shall escheat to the Retirement Home.
``(B) Upon the sale of any such unclaimed estate property, the
proceeds of the sale shall be deposited in the Retirement Home Trust
Fund.
``(C) If a personal representative or other fiduciary is appointed
to administer a deceased resident's estate and the administration is
completed before the end of such three-year period, the balance of the
entire net proceeds of the estate, less expenses, shall be deposited
directly in the Retirement Home Trust Fund. The heirs or legatees of the
deceased resident may file a claim made with the Comptroller General of
the United States to reclaim such proceeds. A determination of the claim
by the Comptroller General shall be subject to judicial review
exclusively by the United States Court of Federal Claims.
``(2)(A) The Director of a facility maintained as a separate
establishment of the Retirement Home may designate an attorney to serve
as attorney or agent for the facility in any probate proceeding in which
the Retirement Home may have a legal interest as nominated fiduciary,
testamentary legatee, escheat legatee, or in any other capacity.
``(B) An attorney designated under this paragraph may, in the
domiciliary jurisdiction of the deceased resident and in any ancillary
jurisdiction, petition for appointment as fiduciary. The attorney shall
have priority over any petitioners (other than the deceased resident's
nominated fiduciary, named legatees, or heirs) to serve as fiduciary. In
a probate proceeding in which the heirs of an intestate deceased
resident cannot be located and in a probate proceeding in which the
nominated fiduciary, legatees, or heirs of a testate deceased resident
cannot be located, the attorney shall be appointed as the fiduciary of
the deceased resident's estate.
``(3) The designation of an employee or representative of a facility
of the Retirement Home as personal representative of the estate of a
resident of the Retirement Home or as a legatee under the will or
codicil of the resident shall not disqualify an employee or staff member
of that facility from serving as a competent witness to a will or
codicil of the resident.
``(4) After the end of the three-year period beginning on the date
of the death of a resident of a facility, the Director of the facility
shall dispose of all property of the deceased resident that is not
otherwise disposed of under this subsection, including personal effects
such as decorations, medals, and citations to which a right has not been
established under subsection (a). Disposal may be made within the
discretion of the Director by--
``(A) retaining such property or effects for the facility;
``(B) offering such items to the Secretary of Veterans Affairs,
a State, another military home, a museum, or any other institution
having an interest in such items; or
``(C) destroying any items determined by the Director to be
valueless.''.
(f) Applicability.--Section 1541 of such Act (24 U.S.C. 401 note) is
amended by adding at the end the following new subsection:
``(d) Applicability.--Section 1520 of this Act shall apply to the
estate of each resident of the Armed Forces Retirement Home, including
the United States Soldiers' and Airmen's Home and the Naval Home, who
dies after November 29, 1989.''.
SEC. 367. MODIFICATION OF
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RESTRICTION ON REPAIR OF CERTAIN VESSELS
THE HOMEPORT OF WHICH IS PLANNED FOR REASSIGNMENT.
Subsection (b) of section 7310 of title 10, United States Code, as
inserted by section 824(b), is amended to read as follows:
``(b) Vessel Changing Homeports.--(1) In the case of a naval vessel
the homeport of which is not in the United States (or a territory of the
United States), the Secretary of the Navy may not during the 15-month
period preceding the planned reassignment of the vessel to a homeport in
the United States (or a territory of the United States) begin any work
for the overhaul, repair, or maintenance of the vessel that is scheduled
to be for a period of more than six months.
``(2) In the case of a naval vessel the homeport of which is in the
United States (or a territory of the United States), the Secretary of
the Navy shall during the 15-month period preceding the planned
reassignment of the vessel to a homeport not in the United States (or a
territory of the United States) perform in the United States (or a
territory of the United States) any work for the overhaul, repair, or
maintenance of the vessel that is scheduled--
``(A) to begin during the 15-month period; and
``(B) to be for a period of more than six months.''.
SEC. 368. ESCORTS AND FLAGS FOR CIVILIAN EMPLOYEES WHO DIE WHILE
SERVING IN AN ARMED CONFLICT WITH THE ARMED FORCES.
(a) In General.--Chapter 75 of title 10, United States Code, is
amended by inserting after section 1482 the following new section:
``§1482a. Expenses incident to death: Civilian employees serving
with an armed force
``(a) Payment of Expenses.--The Secretary concerned may pay the
expenses incident to the death of a civilian employee who dies of
injuries incurred in connection with the employee's service with an
armed force in a contingency operation, or who dies of injuries incurred
in connection with a terrorist incident occurring during the employee's
service with an armed force, as follows:
``(1) Round-trip transportation and prescribed allowances for
one person to escort the remains of the employee to the place
authorized under section 5742(b)(1) of title 5.
``(2) Presentation of a flag of the United States to the next of
kin of the employee.
``(3) Presentation of a flag of equal size to the flag presented
under paragraph (2) to the parents or parent of the employee, if the
person to be presented a flag under paragraph (2) is other than the
parent of the employee.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section. The Secretary of Transportation
shall prescribe regulations to implement this section with regard to
civilian employees of the Department of Transportation. Regulations
under this subsection shall be uniform to the extent possible and shall
provide for the Secretary's consideration of the conditions and
circumstances surrounding the death of an employee and the nature of the
employee's service with the armed force.
``(c) Definitions.--In this section:
``(1) The term `civilian employee' means a person employed by
the Federal Government, including a person entitled to basic pay in
accordance with the General Schedule provided in section 5332 of
title 5 or a similar basic pay schedule of the Federal Government.
``(2) The term `contingency operation' includes humanitarian
operations, peacekeeping operations, and similar operations.
``(3) The term `parent' has the meaning given such term in
section 1482(a)(11) of this title.
``(4) The term `Secretary concerned' includes the Secretary of
Defense with respect to employees of the Department of Defense who
are not employees of a military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 75 of such title is amended by inserting after the item relating
to section 1482 the following new item:
``1482a. Expenses incident to death: Civilian employees serving with an
armed force.''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to the payment of incidental expenses for civilian
employees who die while serving in a contingency operation that occurs
after the date of the enactment of this Act.
SEC. 369. MAINTENANCE AND REPAIR OF PACIFIC BATTLE MONUMENTS.
(a) Authority.--The Commandant of the Marine Corps may provide
necessary minor maintenance and repairs to the Pacific battle monuments
until such time as the Secretary of the American Battle Monuments
Commission and the Commandant of the Marine Corps agree that the repair
and maintenance will be performed by the American Battle Monuments
Commission.
(b) Funding.--Of the amounts authorized to be appropriated to the
Marine Corps for operation and maintenance in a fiscal year, not more
than $15,000 may be made available to repair and maintain Pacific battle
monuments, except that of the amounts available to the Marine Corps for
operation and maintenance in fiscal year 1994, $150,000 may be made
available to repair and relocate a monument located on Iwo Jima
commemorating the heroic efforts of United States military personnel
during World War II.
SEC. 370. 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 at the end of the
two-year period beginning on the date of the enactment of this Act'' and
inserting in lieu thereof ``terminate on December 5, 1994''.
(2) Section 343(e) of such Act is amended by striking out ``60 days
after the end of the two-year period described in subsection (d)'' and
inserting in lieu thereof ``February 3, 1995''.
(b) Authority for Aviation Depots and Naval Shipyards To Engage in
Defense-Related Production and Services.--Section 1425(e) of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1684) is amended by striking out ``September 30, 1993''
and inserting in lieu thereof ``September 30, 1994''.
(c) Authority of Base Commanders Over Contracting for Commercial
Activities.--Section 2468(f) of title 10, United States Code, is amended
by striking out ``September 30, 1993'' and inserting in lieu thereof
``September 30, 1994''.
SEC. 371. SHIPS' STORES.
(a) Conversion to Operation as Nonappropriated Fund
Instrumentalities.--Not later than October 1, 1994, the Secretary of the
Navy shall convert the operation of all ships' stores from operation as
an activity funded by direct appropriations to operation by the Navy
Exchange Service Command as an activity funded from sources other than
appropriated funds.
(b) Transfer of Funds.--To facilitate the conversion required under
subsection (a), the Secretary of the Navy shall transfer to the Navy
Exchange Service Command, without cost to the Navy Exchange Service
Command, from--
(1) the Navy Stock Fund, an amount equal to the value of
existing ships' stores assets in that Fund; and
(2) the Ships' Stores Profits, Navy Fund, residual cash in that
Fund.
(c) Codification.--Section 7604 of title 10, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before ``Under such
regulations''; and
(2) by adding at the end the following new subsections:
``(b) Incidental Services.--The Secretary of the Navy may provide
financial services, space, utilities, and labor to ships' stores on a
nonreimbursable basis.
``(c) Items Sold.--Merchandise sold by ship stores afloat shall
include items in the following categories:
``(1) Health, beauty, and barber items.
``(2) Prerecorded music and videos.
``(3) Photographic batteries and related supplies.
``(4) Appliances and accessories.
``(5) Uniform items, emblematic and athletic clothi
2000
ng, and
equipment.
``(6) Luggage and leather goods.
``(7) Stationery, magazines, books, and supplies.
``(8) Sundry, games, and souvenirs.
``(9) Beverages and related food and snacks.
``(10) Laundry, tailor, and cleaning supplies.
``(11) Tobacco products.''.
(d) Effective Date.--Subsections (b) and (c) of section 7604 of
title 10, United States Code, as added by subsection (c), shall take
effect on the date on which the Secretary of the Navy completes the
conversion referred to in subsection (a).
SEC. 372. PROMOTION OF CIVILIAN MARKSMANSHIP.
Section 4308(c) of title 10, United States Code, is amended by
adding at the end the following: ``Notwithstanding any other provision
of law, such amounts shall remain available until expended.''.
SEC. 373. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Eligible Local Educational Agencies.--Section 386(c) of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 238 note) is amended--
(1) by striking out ``or'' at the end of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new paragraph
(2):
``(2) there has been a significant increase, as determined by
the Secretary of Defense, in the number of military dependent
students in average daily attendance in the schools of that agency
as a result of a relocation of Armed Forces personnel or civilian
employees of the Department of Defense or as a result of a
realignment of one or more military installations; or''; and
(4) in paragraph (3), as redesignated by paragraph (2), by
inserting ``or (2)'' before the period at the end.
(b) Technical Correction.--Section 386 of such Act is amended--
(1) by redesignating the second subsection (e), relating to
definitions, as subsection (h); and
(2) by transferring such subsection, as so redesignated, to the
end of such section.
(c) Effective Date of Amendments.--The amendments made by
subsections (a) and (b) shall take effect as of October 23, 1992, as if
section 386 of Public Law 102-484 had been enacted as amended by such
subsections.
(d) Availability of Funds.--Of the amounts authorized to be
appropriated pursuant to section 301(5)--
(1) $50,000,000 shall be available for providing assistance to
local educational agencies under subsection (b) of section 386 of
Public Law 102-484; and
(2) $8,000,000 shall be available for making payments to local
educational agencies under subsection (d) of such section.
(e) Notification and Disbursal.--(1) On or before June 30, 1994, the
Secretary of Defense (with respect to assistance provided in subsection
(b) of section 386 of Public Law 102-484) and the Secretary of Education
(with respect to payments made under subsection (d) of such section)
shall notify each local educational agency eligible for assistance under
subsections (b) and (d) of such section, respectively, for fiscal year
1994 of such agency's eligibility for such assistance and the amount of
such assistance.
(2) The Secretary of Defense (with respect to funds made available
under subsection (d)(1)) and the Secretary of Education (with respect to
funds made available under subsection (d)(2)) shall disburse such funds
not later than 30 days after notification to eligible local education
agencies.
SEC. 374. BUDGET INFORMATION ON DEPARTMENT OF DEFENSE RECRUITING
EXPENDITURES.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``§227. Recruiting costs
``The Secretary of Defense shall include in the budget justification
documents submitted to Congress each year in connection with the
submission of the budget pursuant to section 1105 of title 31 the
following matters:
``(1) The amount requested for the recruitment of persons for
enlistment or appointment into the armed forces, including--
``(A) the personnel costs for Department of Defense
personnel whose duties include--
``(i) recruitment;
``(ii) the management of Department of Defense personnel
performing recruitment duties; or
``(iii) supporting Department of Defense personnel in
the performance of duties referred to in clause (i) or (ii);
``(B) the cost of providing support for such personnel for
the performance of those duties;
``(C) operation and maintenance costs associated with
recruitment, including the costs of paid advertising and
facilities;
``(D) the costs of incentives, including--
``(i) amounts paid under sections 302d, 308a, 308c,
308f, 308g, 308h (for a first enlistment), and 308i of title
37, relating to bonuses and other incentives;
``(ii) amounts deposited in the Department of Defense
Education Benefits Fund pursuant to section 2006(g) of this
title; and
``(iii) payments under the provisions of chapters 105,
107, and 109 of this title and chapter 30 of title 38; and
``(E) costs associated with military entrance processing.
``(2) The appropriation accounts from which such costs are to be
paid.
``(3) The estimated average total annual cost of recruiting a
person for enlistment or appointment into the armed forces for the
fiscal year covered by the budget, determined and shown separately
for--
``(A) each armed force;
``(B) the active component of each armed force;
``(C) each of the reserve components of each armed force;
and
``(D) for all of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``227. Recruiting costs.''.
SEC. 375. REVISION OF AUTHORITIES ON NATIONAL SECURITY EDUCATION
TRUST FUND.
(a) Crediting of Gifts to the National Security Education Trust
Fund.--Section 804(e) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1904(e)) is amended by adding at the end the
following:
``(3) Any gifts of money shall be credited to and form a part of the
Fund.''.
(b) Repeal of Authorization Requirement.--Section 804(b) of such Act
is amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs (1)
and (2), respectively.
SEC. 376. ANNUAL ASSESSMENT OF FORCE READINESS.
(a) Annual Assessment Required.--Not later than March 1 of each of
1994, 1995, and 1996, the Chairman of the Joint Chiefs of Staff shall
submit to the Congress an assessment of--
(1) the readiness and capability of the Armed Forces to carry
out the full range of the missions assigned to the Armed Forces; and
(2) the associated level or degree of risk for the Armed Forces
in responding to current and anticipated threats to national
security interests of the United States.
(b) Content of Assessment.--Each assessment shall include, for the
five-year period described in subsection (c), the following matters:
(1) An unclassified description of the current and projected
readiness and capability of the Armed Forces taking into
consideration each of the following areas:
(A) Personnel.
(B) Training and exercises.
(C) Logistics, including equipment maintenance and supply
availability.
(D) Equipment modernization.
(E) Installations, real property, and facilities.
(F) Munitions.
(G) Mobility.
(H) Wartime sustainability.
(2) The persona
2000
l assessment of the Chairman of the Joint Chiefs
of Staff regarding the readiness and capabilities of the Armed
Forces, together with the Chairman's personal judgment on whether
there are significant problems or risks regarding the readiness and
capabilities of the Armed Forces.
(3) Any factors that the Chairman or any other member of the
Joint Chiefs of Staff believes may lead to a decrease in force
readiness or a degradation in the overall capability of the Armed
Forces.
(4) Any recommended actions that the Chairman of the Joint
Chiefs of Staff considers appropriate.
(5) Any classified annexes that the Chairman of the Joint Chiefs
of Staff considers appropriate.
(c) Period Assessed.--The assessment shall include information for
the fiscal year in which the assessment is submitted, the three
preceding fiscal years, and projections for the subsequent fiscal year.
(d) Interim Assessments.--If, at any time between submissions of
assessments to the Congress under subsection (a), the Chairman of the
Joint Chiefs of Staff determines that there is a significant change in
the projected readiness or capability of the Armed Forces from the
readiness or capability projected in the most recent annual assessment,
the Chairman shall submit to the Congress a revised assessment that
reflects each such significant change.
SEC. 377. REPORTS ON TRANSFERS OF CERTAIN FUNDS.
(a) Annual Reports.--In each of 1994, 1995, and 1996, the Secretary
of Defense shall submit to the congressional defense committees, not
later than the date on which the President submits the budget pursuant
to section 1105 of title 31, United States Code, in that year, a report
on each transfer of funds that was made from an operation and
maintenance account of the Department of Defense for operating forces
during the preceding fiscal year. The report shall include the reason
for the transfer.
(b) Midyear Reports.--On May 1 of each of 1994, 1995, and 1996, the
Secretary of Defense shall submit to the congressional defense
committees a report on each transfer of funds that was made from an
operation and maintenance account of the Department of Defense for
operating forces during the first six months of the fiscal year in which
such report is submitted. The report shall include the reason for the
transfer.
SEC. 378. REPORT ON REPLACEMENT SITES FOR ARMY RESERVE FACILITY IN
MARCUS HOOK, PENNSYLVANIA.
Not later than March 1, 1994, the Secretary of the Army shall submit
to the Congress a report evaluating the suitability of each site within
a 100-mile radius of the Army Reserve Facility in Marcus Hook,
Pennsylvania, that may be considered by the Secretary as a replacement
facility for the Army Reserve Facility. The report shall include a
detailed accounting of--
(1) the pier and building space required at the replacement
facility and the pier and building space available at each
alternative site;
(2) the cost of operating a facility comparable to the Army
Reserve Facility at each alternative site;
(3) the other entities, if any, carrying out activities at each
alternative site and the pier and building space required by such
entities at each alternative site; and
(4) the advantages and disadvantages of locating the facility at
each alternative site.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1994, as follows:
(1) The Army, 540,000.
(2) The Navy, 480,800.
(3) The Marine Corps, 177,000.
(4) The Air Force, 425,700.
SEC. 402. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR MARINE
CORPS 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 1994 and 1995, the numbers applicable to officers of the Marine
Corps serving on active duty in the grades of major and lieutenant
colonel shall be the numbers set forth for that fiscal year in
subsection (b) (rather than the numbers determined in accordance with
the table in that section).
(b) Numbers for Fiscal Years 1994 and 1995.--The numbers referred to
in subsection (a) are as follows:
---------------------------------------------------------------------------
------------------------------------------------------------------------------
Number of officers who may be
serving on active duty in the
grade of:
Fiscal year: -----------------------------------
Lieutenant
Major colonel
------------------------------------------------------------------------------
1994...................................... 3,023 1,578
1995...................................... 3,157 1,634.
------------------------------------------------------------------------------
---------------------------------------------------------------------------
SEC. 403. ARMY END STRENGTH.
(a) Timing of Reduction.--The number of active duty members of the
Army may not be reduced (from the number as of the date of the enactment
of this Act) to a number below 555,000 until after April 30, 1994.
(b) Conditions on Reduction.--After April 30, 1994, the number of
active duty members of the Army may be reduced below 555,000 only if--
(1) the Secretary of Defense has submitted to Congress a report
setting forth in detail--
(A) the method by which the force structure of the Army in
the Bottom Up Review was derived and the projected active duty
end strength for the Army for each of fiscal years 1995 through
1999;
(B) how the forces recommended in the Bottom Up Review for
the Army for future fiscal years will be able to carry out the
two major regional conflicts strategy; and
(C) what effect peacekeeping operations, peace making
operations, peace enforcing operations, disaster relief
operations, and other operations other than war have on the
ability of the Army to carry out the two major regional
conflicts strategy;
(2) the President (after receiving a report from the Secretary
of the Army containing the assessment of the Secretary on the
capabilities of the Army) has submitted to Congress a report--
(A) containing a certification that the Army is capable of
providing sufficient forces (excluding forces engaged in
peacekeeping operations and other operations other than war) to
carry out two major regional conflicts nearly simultaneously, in
accordance with the National Military Strategy;
(B) specifying the active Army units anticipated to deploy
within the first 75 days in response to a major regional
conflict that are at the time of the submission of the report
engaged in peacekeeping operations and other operations other
than war; and
(C) containing the President's estimate of the time required
to redeploy and retrain the forces specified in subparagraph (B)
and subsequently to commit them to combat in a major regional
contingency; and
(3) the President has submitted the report on multinational
peacekeeping and peace enforcement required by section 1502.
(c) Limitation on Reductions.--If the conditions specified in
subsection (b) are met, the number of active duty members of the Army
may not during fiscal year 1994 be reduced below the end strength for
the
2000
Army specified in section 401.
(d) Certification Upon Participation in Peacetime Contingency
Operations.--Whenever, at a time when the number of active duty members
of the Army is below 555,000, the President makes a decision to commit
elements of the Army to (1) a peacekeeping operation, a peace making
operation, or a peace enforcing operation, or (2) any other operation
during peacetime that would require assignment of a large contingent of
personnel or that would consume significant resources, the President
shall submit to Congress a report containing a certification specified
in subsection (b)(2)(A). Any such report shall be submitted not later
than the date on which the execution of the operation begins.
(e) End Strength Without Certification.--If the conditions specified
in subsection (b) have not been met as of September 30, 1994, the
limitation as of that date for the Army under section 401 shall be
555,000 (rather than the number specified in that section for the Army).
(f) Active Duty Members of the Army.--For purposes of this section,
active duty members of the Army are those members of the Army who are on
active duty and are counted for purposes of the active duty end strength
limitation under section 401.
(g) Bottom Up Review.--For purposes of this section, the term
``Bottom Up Review'' means the internal study of the Department of
Defense conducted during 1993 at the direction of the Secretary of
Defense, the results of which were published in October 1993 in the
report entitled ``Report on the Bottom-Up Review''.
SEC. 404. REPORT ON END STRENGTHS NECESSARY TO MEET LEVELS ASSUMED
IN BOTTOM UP REVIEW.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the personnel management actions programmed to be carried
out in order to reach the military force strength levels assumed as of
the end of fiscal year 1999 in the Bottom Up Review study carried out in
the Department of Defense during 1993.
(b) Matters To Be Included.--The report under subsection (a) shall
include the following, shown separately for each of the Army, Navy, Air
Force, and Marine Corps:
(1) The active-duty and Selected Reserve end strengths
programmed for each fiscal year through fiscal year 1999.
(2) The number of accessions (shown by type of accession)
programmed for each fiscal year through fiscal year 1999.
(3) The number of separations, shown by category of separation
for both voluntary and involuntary separations, and shown separately
for officers and enlisted personnel, programmed for each fiscal year
through fiscal year 1999.
(4) A description of any other personnel management action
programmed for the purpose stated in subsection (a).
(c) Deadline for Report.--The report under subsection (a) shall be
submitted not later than February 15, 1994.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
1994, as follows:
(1) The Army National Guard of the United States, 410,000.
(2) The Army Reserve, 260,000.
(3) The Naval Reserve, 118,000.
(4) The Marine Corps Reserve, 42,200.
(5) The Air National Guard of the United States, 117,700.
(6) The Air Force Reserve, 81,500.
(7) The Coast Guard Reserve, 10,000.
(b) Waiver Authority.--The Secretary of Defense may increase the end
strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be reduced
proportionately by--
(1) the total authorized strength of units organized to serve as
units of the Selected Reserve of such component which are on active
duty (other than for training) at the end of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component 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 SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 1994,
the following number of Reserves to be serving on full-time active duty
or, in the case of members of the National Guard, full-time National
Guard duty for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 24,180.
(2) The Army Reserve, 12,542.
(3) The Naval Reserve, 19,718.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,389.
(6) The Air Force Reserve, 648.
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED
TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Senior Enlisted Members.--The table in section 517(b) of title
10, United States Code, is amended to read as follows:
---------------------------------------------------------------------------
------------------------------------------------------------------------------
Marine
``Grade Army Navy Air Force Corps
------------------------------------------------------------------------------
E-9............................... 569 202 328 14
E-8............................... 2,585 429 840 74''.
------------------------------------------------------------------------------
---------------------------------------------------------------------------
(b) Officers.--The table in section 524(a) of such title is amended
to read as follows:
---------------------------------------------------------------------------
Marine
``Grade Army Navy Air Force Corps
Major or Lieutenant Commander..... 3,219 1,071 575 110
------------------------------------------------------------------------------
Marine
``Grade Army Navy Air Force Corps
------------------------------------------------------------------------------
Lieutenant Colonel or Commander... 1,524 520 636 75
Colonel or Navy Captain........... 372 188 274 25''.
------------------------------------------------------------------------------
SEC. 414. FORCE STRUCTURE ALLOWANCE FOR ARMY NATIONAL GUARD.
(a) Minimum Force Structure Level.--The force structure allowance
for the Army National Guard of the United States for fiscal year 1994
shall be not less than 420,000.
(b) Force Structure Allowance Defined.--For purposes of this
section, the force structure allowance for a reserve component is the
allowance prescribed for that reserve component by the Secretary of the
military department concerned pursuant to section 413 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2400).
SEC. 41
2000
5. PERSONNEL LEVEL FOR NAVY CRAFT OF OPPORTUNITY (COOP)
PROGRAM.
(a) Fiscal Year 1994.--The Secretary of the Navy shall ensure that
none of the end strength reduction projected for the Naval Reserve in
this Act shall be derived from personnel authorizations assigned to the
Craft of Opportunity mission.
(b) Permanent Staffing Level.--The number of personnel
authorizations assigned to the Craft of Opportunity mission shall be
maintained during fiscal year 1994 and thereafter at not less than the
level in effect on September 30, 1991.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1994, the Armed Forces are
authorized average military training student loads as follows:
(1) The Army, 75,220.
(2) The Navy, 45,269.
(3) The Marine Corps, 22,753.
(4) The Air Force, 33,439.
(b) Scope.--The average military training student load authorized
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 Department of
Defense for military personnel for fiscal year 1994 a total of
$70,183,770,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1994.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. YEARS OF SERVICE FOR ELIGIBILITY FOR SEPARATION PAY FOR
REGULAR OFFICERS INVOLUNTARILY DISCHARGED.
(a) Period of Service Required for Eligibility.--Section 1174(a)(1)
of title 10, United States Code, is amended by striking out ``five'' and
inserting in lieu thereof ``six''.
(b) Effective Date.--(1) Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply with respect to any regular
officer who is discharged after the date of the enactment of this Act.
(2) The amendment made by subsection (a) shall not apply with
respect to an officer who on the date of the enactment of this Act has
five or more, but less than six, years of active service in the Armed
Forces.
SEC. 502. EXPANSION OF ELIGIBILITY FOR VOLUNTARY SEPARATION
INCENTIVE AND SPECIAL SEPARATION BENEFITS PROGRAMS.
Sections 1174a(c)(2) and 1175(d)(1) of title 10, United States Code,
are amended by striking out ``before December 5, 1991''.
SEC. 503. MEMBERS ELIGIBILE FOR INVOLUNTARY SEPARATION BENEFITS.
Section 1141 of title 10, United States Code, is amended by
inserting ``or on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1994'' after ``September 30,
1990,''.
SEC. 504. TEMPORARY AUTHORITY FOR INVOLUNTARY SEPARATION OF CERTAIN
REGULAR WARRANT OFFICERS.
(a) In General.--Chapter 33A of title 10, United States Code, is
amended by inserting after section 580 the following new section:
``§580a. Enhanced authority for selective early discharges
``(a) The Secretary of Defense may authorize the Secretary of a
military department, during the period beginning on the date of the
enactment of this section and ending on October 1, 1999, to take the
action set forth in subsection (b) with respect to regular warrant
officers of an armed force under the jurisdiction of that Secretary.
``(b) The Secretary of a military department may, with respect to
regular warrant officers of an armed force, when authorized to do so
under subsection (a), convene selection boards under section 573(c) of
this title to consider for discharge regular warrant officers on the
warrant officer active-duty list--
``(1) who have served at least one year of active duty in the
grade currently held;
``(2) whose names are not on a list of warrant officers
recommended for promotion; and
``(3) who are not eligible to be retired under any provision of
law and are not within two years of becoming so eligible.
``(c)(1) In the case of an action under subsection (b), the
Secretary of the military department concerned may submit to a selection
board convened pursuant to that subsection--
``(A) the names of all regular warrant officers described in
that subsection in a particular grade and competitive category; or
``(B) the names of all regular warrant officers described in
that subsection in a particular grade and competitive category who
also are in particular year groups or specialties, or both, within
that competitive category.
``(2) The Secretary concerned shall specify the total number of
warrant officers to be recommended for discharge by a selection board
convened pursuant to subsection (b). That number may not be more than 30
percent of the number of officers considered--
``(A) in each grade in each competitive category; or
``(B) in each grade, year group, or specialty (or combination
thereof) in each competitive category.
``(3) The total number of regular warrant officers described in
subsection (b) from any of the armed forces (or from any of the armed
forces in a particular grade) who may be recommended during a fiscal
year for discharge by a selection board convened pursuant to the
authority of that subsection may not exceed 70 percent of the decrease,
as compared to the preceding fiscal year, in the number of warrant
officers of that armed force (or the number of warrant officers of that
armed force in that grade) authorized to be serving on active duty as of
the end of that fiscal year.
``(4) A warrant officer who is recommended for discharge by a
selection board convened pursuant to subsection (b) and whose discharge
is approved by the Secretary concerned shall be discharged on a date
specified by the Secretary concerned.
``(5) Selection of warrant officers for discharge under this
subsection shall be based on the needs of the service.
``(d) The discharge of any warrant officer pursuant to this section
shall be considered involuntary for purposes of any other provision of
law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
580 the following new item:
``580a. Enhanced authority for selective early discharges.''.
SEC. 505. DETERMINATION OF SERVICE FOR WARRANT OFFICER RETIREMENT
SANCTUARY.
(a) Equity With Other Members.--Section 580(a)(4) of title 10,
United States Code, is amended--
(1) by inserting ``(except as provided in subparagraph (C))'' in
subparagraph (A) after ``shall be separated''; and
(2) by adding at the end the following new subparagraph:
``(C) If on the date on which a warrant officer is to be separated
under subparagraph (A) the warrant officer has at least 18 years of
creditable active service, the warrant officer shall be retained on
active duty until retired under paragraph (3) in the same manner as if
the warrant officer had had at least 18 years of service on the
applicable date under subparagraph (A) or (B) of that paragraph.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to warrant officers who have not been separated pursuant to
section 580(a)(4) of title 10, United States Code, before the date of
enactment of this Act.
SEC. 506. OFFICERS INELIGIBLE FOR CONSIDERATION BY EARLY RETIREMENT
BOARDS.
Section 638(e)(2)(B) of title 10, United States Code, is amended--
(1) by inserting ``(i)'' after ``grade and competitive
category'';
(2) by inserting ``(ii)'' after
2000
``of this title, or''; and
(3) by striking out the comma after ``any provision of law''.
SEC. 507. REMEDY FOR INEFFECTIVE COUNSELING OF OFFICERS DISCHARGED
FOLLOWING SELECTION BY EARLY DISCHARGE BOARDS.
(a) Procedure for Review.--(1) The Secretary of each military
department shall establish a procedure for the review of the individual
circumstances of an officer described in paragraph (2) who is
discharged, or who the Secretary concerned approves for discharge,
following the report of a selection board convened by the Secretary to
select officers for separation. The procedure established by the
Secretary of a military department under this section shall provide that
each review under that procedure be carried out by the Board for the
Correction of Military Records of that military department.
(2) This section applies in the case of any officer (including a
warrant officer) who, having been offered the opportunity to be
discharged or otherwise separated from active duty through the programs
provided under section 1174a and 1175 of title 10, United States Code--
(A) elected not to accept such discharge or separation; and
(B) submits an application under subsection (b) during the two-
year period beginning on the later of the date of the enactment of
this Act and the date of such discharge or separation.
(b) Application.--A review under this section shall be conducted in
any case submitted to the Secretary concerned by application from the
officer or former officer under regulations prescribed by the Secretary.
(c) Purpose of Review.--(1) The review under this section shall be
designed to evaluate the effectiveness of the counseling of the officer
before the convening of the board to ensure that the officer was
properly informed that selection for discharge or other separation from
active duty was a potential result of being within the group of officers
to be considered by the board and that the officer was not improperly
informed that such selection in that officer's personal case was
unlikely.
(2) The Board for the Correction of Military Records of a military
department shall render a decision in each case under this section not
later than 60 days after receipt by the Secretary concerned of an
application under subsection (b).
(d) Remedy.--Upon a finding of ineffective counseling under
subsection (c), the Secretary shall provide the officer the opportunity
to participate, at the officer's option, in any one of the following
programs for which the officer meets all eligibility criteria:
(1) The Special Separation Benefits program under section 1174a
of title 10, United States Code.
(2) The Voluntary Separation Incentive program under section
1175 of such title.
(3) Retirement under the authority provided by section 4403 of
the National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293).
(e) Effective Date.--This section shall apply with respect to
officers separated after September 30, 1990.
SEC. 508. TWO-YEAR EXTENSION OF AUTHORITY FOR TEMPORARY PROMOTION OF
CERTAIN NAVY LIEUTENANTS.
(a) Extension.--Section 5721(f) of title 10, United States Code, is
amended by striking out ``September 30, 1993'' and inserting in lieu
thereof ``September 30, 1995''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect as of September 30, 1993.
SEC. 509. AWARD OF CONSTRUCTIVE SERVICE CREDIT FOR ADVANCED
EDUCATION IN A HEALTH PROFESSION UPON ORIGINAL APPOINTMENT AS AN
OFFICER.
(a) Credit Upon Appointment in a Regular Component.--Section
533(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``Except as provided in clause (E), in''
at the beginning of the second sentence and inserting in lieu
thereof ``In''; and
(B) by striking out ``postsecondary education in excess of
four that are'' in the second sentence and inserting in lieu
thereof ``advanced education'';
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph (E).
(b) Credit Upon Appointment as Reserve Officer in the Army.--Section
3353(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``Except as provided in clause (E), in''
at the beginning of the second sentence and inserting in lieu
thereof ``In''; and
(B) by striking out ``postsecondary education in excess of
four that are'' in the second sentence and inserting in lieu
thereof ``advanced education'';
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph (E).
(c) Credit Upon Appointment as Officer in Naval Reserve or Marine
Corps Reserve.--Section 5600(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (A)--
(A) by striking out ``Except as provided in clause (E), in''
at the beginning of the second sentence and inserting in lieu
thereof ``In''; and
(B) by striking out ``postsecondary education in excess of
four that are'' in the second sentence and inserting in lieu
thereof ``advanced education'';
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph (E).
(d) Credit Upon Appointment as Reserve Officer in the Air Force.--
Section 8353(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``Except as provided in clause (E), in''
at the beginning of the second sentence and inserting in lieu
thereof ``In''; and
(B) by striking out ``postsecondary education in excess of
four that are'' in the second sentence and inserting in lieu
thereof ``advanced education'';
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph (E).
(e) Ratification of Prior Credit.--To the extent that service credit
awarded before the date of the enactment of this Act under section 533,
3353, 5600, or 8353 of title 10, United States Code, based on advanced
education in medicine or dentistry was awarded consistent with that
section as amended by this section (whether or not properly awarded
under that section as in effect before such amendment), the awarding of
that service credit is hereby ratified.
SEC. 510. ORIGINAL APPOINTMENT AS REGULAR OFFICERS OF CERTAIN
RESERVE OFFICERS IN HEALTH PROFESSIONS.
Section 532(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following:
``(2) A reserve commissioned officer appointed in a medical skill
other than as a medical officer or dental officer (as defined in
regulations prescribed by the Secretary of Defense) is not subject to
clause (2) of subsection (a).''.
Subtitle B--Reserve Components
SEC. 511. EXCEPTION FOR HEALTH CARE PROVIDERS TO REQUIREMENT FOR 12
WEEKS OF BASIC TRAINING BEFORE ASSIGNMENT OUTSIDE UNITED STATES.
Section 671 of title 10, United States Code, is amended--
(1) by inserting ``(except as provided in subsection (c))'' in
subsection (b) after ``may not''; and
(2) by adding at the end the following new subsection:
``(c)(1) A period of basic training (or equivalent training) shorter
than 12 weeks may be established by the Secretary concerned for members
of the armed forces who have been credentialed in a medical profession
or occupation and are serving in a health-care occupational specialty,
as determined under regulations prescribed under paragraph (2). Any such
period shall be established under regulations prescribed under paragraph
(2) and may be established notwithstanding section 4(a) of the Military
Selective Serv
2000
ice Act (50 U.S.C. App. 454(a)).
``(2) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy, shall prescribe regulations for the purposes of paragraph (1).
The regulations prescribed by the Secretary of Defense shall apply
uniformly to the military departments.''.
SEC. 512. NUMBER OF FULL-TIME RESERVE PERSONNEL WHO MAY BE ASSIGNED
TO ROTC DUTY.
Section 690 of title 10, United States Code, is amended by striking
out ``may not exceed 200'' and inserting in lieu thereof ``may not
exceed 275''.
SEC. 513. REPEAL OF MANDATED REDUCTION IN ARMY RESERVE COMPONENT
FULL-TIME MANNING END STRENGTH.
Section 412 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 261 note) is amended by
striking out subsections (b) and (c).
SEC. 514. TWO-YEAR EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT
AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve Medical
Officers.--Sections 3359(b) and 8359(b) of title 10, United States Code,
are each amended by striking out ``September 30, 1993'' and inserting in
lieu thereof ``September 30, 1995''.
(b) Promotion Authority for Certain Reserve Officers Serving on
Active Duty.--Sections 3380(d) and 8380(d) of such title are each
amended by striking out ``September 30, 1993'' and inserting in lieu
thereof ``September 30, 1995''.
(c) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense Authorization
Act, 1984 (10 U.S.C. 3360 note) is amended by striking out ``September
30, 1993'' and inserting in lieu thereof ``September 30, 1995''.
(d) Effective Date.--(1) The amendments made by this section shall
take effect as of September 30, 1993.
(2) The Secretary of the Army or the Secretary of the Air Force, as
appropriate, shall provide, in the case of a Reserve officer appointed
to a higher grade on or after the date of the enactment of this Act
under an appointment described in paragraph (3), that the date of rank
of such officer under that appointment shall be the date of rank that
would have applied to the appointment had the authority referred to in
that paragraph not lapsed.
(3) An appointment referred to in paragraph (2) is an appointment
under section 3380 or 8380 of title 10, United States Code, that (as
determined by the Secretary concerned) would have been made during the
period beginning on October 1, 1993, and ending on the date of the
enactment of this Act had the authority to make appointments under that
section not lapsed during such period.
SEC. 515. ACTIVE COMPONENT SUPPORT FOR RESERVE TRAINING.
(a) Requirement To Establish.--The Secretary of the Army shall, not
later than September 30, 1995, establish one or more active-component
units of the Army with the primary mission of providing training support
to reserve units. Each such unit shall be part of the active Army force
structure and shall have a commander who is on the active-duty list of
the Army.
(b) Implementation Plan.--The Secretary of the Army shall during
fiscal year 1994 submit to the Committees on Armed Services of the
Senate and House of Representatives a plan to meet the requirement in
subsection (a). The plan shall include a proposal for any statutory
changes that the Secretary considers to be necessary for the
implementation of the plan.
SEC. 516. TEST PROGRAM FOR RESERVE COMBAT MANEUVER UNIT INTEGRATION.
(a) Plan for Test Program.--The Secretary of the Army shall prepare
a plan for carrying out a test program to determine the feasibility and
advisability of applying the roundout and roundup models for integration
of active and reserve component Army units at the battalion and company
levels.
(b) Purpose of Test Program.--The purpose of the test program shall
be to evaluate whether the roundout and roundup concepts if applied at
the battalion and company levels would--
(1) decrease post-mobilization training time;
(2) increase the capabilities of reserve component leaders;
(3) improve the integration of the active and reserve
components; and
(4) provide a more efficient means for future expansion of the
Army in a period of emergency or increasing international threats to
the vital interests of the United States.
(c) Report on Plan.--The Secretary of the Army shall submit to
Congress not later than March 31, 1994, a report that includes the plan
for the test program required under subsection (a).
(d) Definitions.--For purposes of this section, the terms
``roundout'' and ``roundup'' refer to two approaches for integrating
Army National Guard and Army Reserve combat units into active Army
corps, divisions, brigades, and battalions after mobilization. The
roundout approach is the method of bringing an incomplete active unit up
to full strength by assigning one or more reserve component units to it.
The roundup approach is the use of reserve component units to augment or
expand active units that are already at full strength.
SEC. 517. REVISIONS TO PILOT PROGRAM FOR ACTIVE COMPONENT SUPPORT OF
THE RESERVES.
(a) Active Component Advisers.--(1) Subsection (c) of section 414 of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 261 note) is amended to read as follows:
``(c) Personnel To Be Assigned.--The Secretary shall assign not less
than 2,000 active component personnel to serve as advisers under the
program. After September 30, 1994, the number under the preceding
sentence shall be increased to not less than 5,000.''.
(2) Subsection (d) of such section is amended by striking out the
period at the end of the second sentence and inserting in lieu thereof
``, together with a proposal for any statutory changes that the
Secretary considers necessary to implement the program on a permanent
basis.''.
(b) Annual Report on Implementation.--(1) The Secretary of the Army
shall include in the annual report of the Secretary to Congress known as
the Army Posture Statement a presentation relating to the implementation
of the Pilot Program for Active Component Support of the Reserves under
section 414 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 10 U.S.C. 261 note), as amended by
subsection (a).
(2) Each such presentation shall include, with respect to the period
covered by the report, the following information:
(A) The promotion rate for officers considered for promotion
from within the promotion zone who are serving as active component
advisers to units of the Selected Reserve of the Ready Reserve (in
accordance with that program) compared with the promotion rate for
other officers considered for promotion from within the promotion
zone in the same pay grade and the same competitive category, shown
for all officers of the Army.
(B) The promotion rate for officers considered for promotion
from below the promotion zone who are serving as active component
advisers to units of the Selected Reserve of the Ready Reserve (in
accordance with that program) compared in the same manner as
specified in subparagraph (A).
SEC. 518. EDUCATIONAL ASSISTANCE FOR GRADUATE PROGRAMS FOR MEMBERS
OF THE SELECTED RESERVE.
Section 2131 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by striking out ``other than'' and all
that follows through ``level.'' and inserting in lieu thereof a
period; and
(2) by adding at the end the following new subsection:
``(i) A program of education in a course of instruction beyond the
baccalaureate degree level shall be provided under this chapter, subject
to the availability of appropriations.''.
SEC. 519. FREQUENCY OF PHYSICAL EXAMINATIONS OF MEMBERS OF THE READY
RESERVE.
Section 1004(a)(1) of title 10, United States Code, is amended by
striking out ``four years'' and in
2000
serting in lieu thereof ``five
years''.
SEC. 520. REVISION OF CERTAIN DEADLINES UNDER ARMY NATIONAL GUARD
COMBAT READINESS REFORM ACT.
(a) Delay in Minimum Percentage of Prior Active-Duty Personnel.--(1)
Subsection (b) of section 1111 of the Army National Guard Combat
Readiness Reform Act of 1992 (title XI of Public Law 102-484; 10 U.S.C.
3077 note; 106 Stat. 2537) is amended by striking out ``fiscal years
1993 through 1997'' and inserting in lieu thereof ``fiscal years 1994
through 1997''.
(2) Subsection (d) of such section is amended by striking out
``March 15, 1993'' and ``April 1, 1993'' and inserting in lieu thereof
``December 15, 1993'' and ``January 15, 1994'', respectively.
(b) Report on Dental Readiness of Members of Early Deploying
Units.--Section 1118(b) of such Act (106 Stat. 2539) is amended by
striking out ``February 15, 1993'' and inserting in lieu thereof
``December 1, 1993''.
SEC. 521. ANNUAL REPORT ON IMPLEMENTATION OF ARMY NATIONAL GUARD
COMBAT READINESS REFORM ACT.
(a) In General.--Chapter 307 of title 10, United States Code, is
amended by adding at the end the following new section:
``§3082. Army National Guard combat readiness reform: annual report
``(a) In General.--The Secretary of the Army shall include in the
annual report of the Secretary to Congress known as the Army Posture
Statement a detailed presentation concerning the Army National Guard,
including particularly information relating to the implementation of the
Army National Guard Combat Readiness Reform Act of 1992 (title XI of
Public Law 102-484; 106 Stat. 2536) (hereinafter in this section
referred to as `ANGCRRA').
``(b) Matters To Be Included in Report.--Each presentation under
subsection (a) shall include, with respect to the period covered by the
report, the following information concerning the Army National Guard:
``(1) The number and percentage of officers with at least two
years of active-duty before becoming a member of the Army National
Guard.
``(2) The number and percentage of enlisted personnel with at
least two years of active-duty before becoming a member of the Army
National Guard.
``(3) The number of officers who are graduates of one of the
service academies and were released from active duty before the
completion of their active-duty service obligation and, of those
officers--
``(A) the number who are serving the remaining period of
their active-duty service obligation as a member of the Selected
Reserve pursuant to section 1112(a)(1) of ANGCRRA; and
``(B) the number for whom waivers were granted by the
Secretary under section 1112(a)(2) of ANGCRRA, together with the
reason for each waiver.
``(4) The number of officers who were commissioned as
distinguished Reserve Officers' Training Corps graduates and were
released from active duty before the completion of their active-duty
service obligation and, of those officers--
``(A) the number who are serving the remaining period of
their active-duty service obligation as a member of the Selected
Reserve pursuant to section 1112(a)(1) of ANGCRRA; and
``(B) the number for whom waivers were granted by the
Secretary under section 1112(a)(2) of ANGCRRA, together with the
reason for each waiver.
``(5) The number of officers who are graduates of the Reserve
Officers' Training Corps program and who are performing their
minimum period of obligated service in accordance with section
1112(b) of ANGCRRA by a combination of (A) two years of active duty,
and (B) such additional period of service as is necessary to
complete the remainder of such obligation served in the National
Guard and, of those officers, the number for whom permission to
perform their minimum period of obligated service in accordance with
that section was granted during the preceding fiscal year.
``(6) The number of officers for whom recommendations were made
during the preceding fiscal year for a unit vacancy promotion to a
grade above first lieutenant and, of those recommendations, the
number and percentage that were concurred in by an active-duty
officer under section 1113(a) of ANGCRRA, shown separately for each
of the three categories of officers set forth in section 1113(b) of
ANGCRRA.
``(7) The number of waivers during the preceding fiscal year
under section 1114(a) of ANGCRRA of any standard prescribed by the
Secretary establishing a military education requirement for
noncommissioned officers and the reason for each such waiver.
``(8) The number and distribution by grade, shown for each
State, of personnel in the initial entry training and
nondeployability personnel accounting category established under
section 1115 of ANGCRRA for members of the Army National Guard who
have not completed the minimum training required for deployment or
who are otherwise not available for deployment.
``(9) The number of members of the Army National Guard, shown
for each State, that were discharged during the previous fiscal year
pursuant to section 1115(c)(1) of ANGCRRA for not completing the
minimum training required for deployment within 24 months after
entering the National Guard.
``(10) The number of waivers, shown for each State, that were
granted by the Secretary during the previous fiscal year under
section 1115(c)(2) of ANGCRRA of the requirement in section
1115(c)(1) of ANGCRRA described in paragraph (9), together with the
reason for each waiver.
``(11) The number of members, shown for each State, who were
screened during the preceding fiscal year to determine whether they
meet minimum physical profile standards required for deployment and,
of those members--
``(A) the number and percentage who did not meet minimum
physical profile standards required for deployment; and
``(B) the number and percentage who were transferred
pursuant to section 1116 of ANGCRRA to the personnel accounting
category described in paragraph (8).
``(12) The number of members, and the percentage of the total
membership, of the Army National Guard, shown for each State, who
underwent a medical screening during the previous fiscal year as
provided in section 1117 of ANGCRRA.
``(13) The number of members, and the percentage of the total
membership, of the Army National Guard, shown for each State, who
underwent a dental screening during the previous fiscal year as
provided in section 1117 of ANGCRRA.
``(14) The number of members, and the percentage of the total
membership, of the Army National Guard, shown for each State, over
the age of 40 who underwent a full physical examination during the
previous fiscal year for purposes of section 1117 of ANGCRRA.
``(15) The number of units of the Army National Guard that are
scheduled for early deployment in the event of a mobilization and,
of those units, the number that are dentally ready for deployment in
accordance with section 1118 of ANGCRRA.
``(16) The estimated post-mobilization training time for each
Army National Guard combat unit, and a description, displayed in
broad categories and by State, of what training would need to be
accomplished for Army National Guard combat units in a post-
mobilization period for purposes of section 1119 of ANGCRRA.
``(17) A description of the measures taken during the preceding
fiscal year to comply with the requirement in section 1120 of
ANGCRRA to expand the use of simulations, simulators, and advanced
training devices and technologies for members and units of the Army
National Guard.
``(18) Summary tables of unit readiness, shown for each State,
and drawn from the unit readiness rating sys
2000
tem as required by
section 1121 of ANGCRRA, including the personnel readiness rating
information and the equipment readiness assessment information
required by that section, together with--
``(A) explanations of the information shown in the table;
and
``(B) based on the information shown in the tables, the
Secretary's overall assessment of the deployability of units of
the Army National Guard, including a discussion of personnel
deficiencies and equipment shortfalls in accordance with such
section 1121.
``(19) Summary tables, shown for each State, of the results of
inspections of units of the Army National Guard by inspectors
general or other commissioned officers of the Regular Army under the
provisions of section 105 of title 32, together with explanations of
the information shown in the tables, and including display of--
``(A) the number of such inspections;
``(B) identification of the entity conducting each
inspection;
``(C) the number of units inspected; and
``(D) the overall results of such inspections, including the
inspector's determination for each inspected unit of whether the
unit met deployability standards and, for those units not
meeting deployability standards, the reasons for such failure
and the status of corrective actions.
``(20) A listing, for each Army National Guard combat unit, of
the active-duty combat unit associated with that Army National Guard
unit in accordance with section 1131(a) of ANGCRRA, shown by State
and to be accompanied, for each such National Guard unit, by--
``(A) the assessment of the commander of that associated
active-duty unit of the manpower, equipment, and training
resource requirements of that National Guard unit in accordance
with section 1131(b)(3) of ANGCRRA; and
``(B) the results of the validation by the commander of that
associated active-duty unit of the compatibility of that
National Guard unit with active duty forces in accordance with
section 1131(b)(4) of ANGCRRA.
``(21) A specification of the active-duty personnel assigned to
units of the Selected Reserve pursuant to section 414(c) of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(10 U.S.C. 261 note), shown (A) by State, (B) by rank of officers,
warrant officers, and enlisted members assigned, and (C) by unit or
other organizational entity of assignment.
``(c) Implementation.--The requirement to include in a presentation
required by subsection (a) information under any paragraph of subsection
(b) shall take effect with respect to the year following the year in
which the provision of ANGCRRA to which that paragraph pertains has
taken effect. Before then, in the case of any such paragraph, the
Secretary shall include any information that may be available concerning
the topic covered by that paragraph.
``(d) Definition.--In this section, the term `State' includes the
District of Columbia, Puerto Rico, Guam, and the Virgin Islands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3082. Army National Guard combat readiness reform: annual report.''.
SEC. 522. FFRDC STUDY OF STATE AND FEDERAL MISSIONS OF THE NATIONAL
GUARD.
(a) Study Required.--The Secretary of Defense shall provide for a
study of the State and Federal missions of the National Guard to be
carried out by a federally funded research and development center. The
study shall consider both the separate and integrated requirements
(including requirements pertaining to personnel, weapons, equipment, and
facilities) that derive from those missions.
(b) Matters To Be Included.--The Secretary shall require that the
matters to be considered under the study include the following:
(1) Whether the currently projected size for the National Guard
after the completion of the reductions in the national defense
structure planned through fiscal year 1999 will be adequate for the
National Guard to fulfill both its State and Federal missions.
(2) Whether the system of assigning Federal missions to State
Guard units could be altered to optimize the Federal as well as the
State capabilities of the National Guard.
(3) Whether alternative arrangements, such as cooperative
development of National Guard capabilities among the States grouped
as regions, are advisable and feasible.
(4) Whether alternative Federal-State cost-sharing arrangements
should be implemented for National Guard units whose principal
function is to support State missions.
(5) Such other matters related to the missions of the National
Guard and the corresponding requirements related to those missions
as the Secretary may specify or the center carrying out the study
may determine necessary.
(c) FFRDC Reports.--(1) The Secretary shall require the center
carrying out the study to submit an interim report not later than May 1,
1994, and a final report not later than November 15, 1994. Each report
shall include the findings, conclusions, and recommendations of the
center concerning each of the matters referred to in subsection (b).
(2) The Secretary shall submit each such report to the Committees on
Armed Services of the Senate and House of Representatives not later than
15 days after the date on which it is received by the Secretary.
(d) Evaluation and Report of Final FFRDC Report.--(1) After the
center carrying out the study submits its final report, the Secretary of
Defense, together with the Secretary of the Army and the Secretary of
the Air Force, shall conduct an evaluation of the assumptions, analysis,
findings, and recommendations of that study.
(2) Not later than February 1, 1995, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the evaluation under paragraph (1). The
report shall be accompanied by any recommendations for legislative
action that the Secretary considers necessary as a result of the study
and evaluation required by this section.
(e) Cooperation.--The Secretary shall ensure that the center
carrying out the study under this section has full access to such
information as the center requires for the purposes of the study and
that the center otherwise receives full cooperation from all officials
and entities of the Department of Defense, including the National Guard,
in carrying out the study.
SEC. 523. CONSISTENCY OF TREATMENT OF NATIONAL GUARD TECHNICIANS AND
OTHER MEMBERS OF THE NATIONAL GUARD.
(a) Federal Recognition Qualifications for Technicians.--Section 709
of title 32, United States Code, is amended by adding at the end the
following new subsection:
``(i) The Secretary concerned may not prescribe for purposes of
eligibility for Federal recognition under section 301 of this title a
qualification applicable to technicians employed under subsection (a)
that is not applicable pursuant to that section to the other members of
the National Guard in the same grade, branch, position, and type of unit
or organization involved.''.
(b) Military Education.--The following provisions of law are
repealed:
(1) Section 523 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1974; 32 U.S.C. 709
note).
(2) Section 506 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1438; 32
U.S.C. 709 note).
(c) Savings Provision.--A civilian technician of the Army National
Guard serving in an active status on the date of the enactment of this
Act who under the provisions of law repealed by subsection (b) (or under
other Department of the Army policy in effect on the day before s
2000
uch
date of enactment) was granted credit on the technician's military
record for the completion of certain education and training courses
shall retain such credit, notwithstanding the provisions of subsections
(a) and (b), for a period determined by the Secretary of the Army. Such
a period may not terminate, in the case of any such civilian technician,
before the effective date of such civilian technician's next mililitary
promotion.
SEC. 524. NATIONAL GUARD MANAGEMENT INITIATIVES.
(a) Clarification Regarding Female Members of the National Guard as
Members of the Militia.--Section 311(a) of title 10, United States Code,
is amended by striking out ``commissioned officers'' and inserting in
lieu thereof ``members''.
(b) Increased Period for Completion of Unit Training.--Section
502(b) of title 32, United States Code, is amended by striking out ``30
consecutive days'' in the second sentence and inserting in lieu thereof
``90 consecutive days''.
(c) Exceptions to 30-Day Notice for Termination of Employment of
Technicians.--Section 709(e)(6) of title 32, United States Code, is
amended by inserting after ``termination of employment as a technician
and'' the following: ``, unless the technician is serving under a
temporary appointment, is serving in a trial or probationary period, or
has voluntarily ceased to be a member of the National Guard when such
membership is a condition of employment,''.
(d) Repeal of Limit on Number of Technicians Employed
Concurrently.--Section 709(h) of title 32, United States Code, is
repealed.
(e) Personnel Authorized To Make Unserviceability Findings.--Section
710(f) of title 32, United States Code, is amended--
(1) by inserting ``(1)'' after ``(f)'';
(2) by striking out ``subsections (b)-(d)'' and inserting in
lieu thereof ``subsections (b), (c), and (d)'';
(3) by striking out ``of the Regular Army or the Regular Air
Force, as the case may be,''; and
(4) by adding at the end the following:
``(2) In designating an officer to conduct inspections and make
findings for purposes of paragraph (1), the Secretary concerned shall
designate--
``(A) in the case of the Army National Guard, a commissioned
officer of the Regular Army or a commissioned officer of the Army
National Guard who is also a commissioned officer of the Army
National Guard of the United States; and
``(B) in the case of the Air National Guard, a commissioned
officer of the Regular Air Force or a commissioned officer of the
Air National Guard who is also a commissioned officer of the Air
National Guard of the United States.''.
Subtitle C--Service Academies
SEC. 531. CONGRESSIONAL NOMINATIONS.
Sections 4342(a), 6954(a), and 9342(a) of title 10, United States
Code, are each amended--
(1) in the sentence following paragraph (9), by striking out ``a
principal candidate and nine alternates'' and inserting in lieu
thereof ``10 persons''; and
(2) by inserting after such sentence the following: ``Nominees
may be submitted without ranking or with a principal candidate and 9
ranked or unranked alternates. Qualified nominees not selected for
appointment under this subsection shall be considered qualified
alternates for the purposes of selection under other provisions of
this chapter.''.
SEC. 532. TECHNICAL AMENDMENT RELATED TO CHANGE IN NATURE OF
COMMISSION OF SERVICE ACADEMY GRADUATES.
Section 702(a) of title 10, United States Code, is amended by
striking out ``regular'' in the first sentence.
SEC. 533. MANAGEMENT OF CIVILIAN FACULTY AT MILITARY AND AIR FORCE
ACADEMIES.
(a) Recodification of Military Academy Authority.--(1) Chapter 403
of title 10, United States Code, is amended by inserting after section
4337 the following new section:
``§4338. Civilian faculty: number; compensation
``(a) The Secretary of the Army may employ as many civilians as
professors, instructors, and lecturers at the Academy as the Secretary
considers necessary.
``(b) The compensation of persons employed under this section is as
prescribed by the Secretary.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 4337 the
following new item:
``4338. Civilian faculty: number; compensation.''.
(3) Section 4331 of such title is amended by striking out subsection
(c).
(b) Recodification of Air Force Academy Authority.--(1) Chapter 903
of title 10, United States Code, is amended by inserting after section
9337 the following new section:
``§9338. Civilian faculty: number; compensation
``(a) The Secretary of the Air Force may employ as many civilians as
professors, instructors, and lecturers at the Academy as the Secretary
considers necessary.
``(b) The compensation of persons employed under this section is as
prescribed by the Secretary.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 9337 the
following new item:
``9338. Civilian faculty: number; compensation.''.
(3) Section 9331 of such title is amended by striking out subsection
(c).
(c) Conforming Amendment.--Section 5102(c)(10) of title 5, United
States Code, is amended by striking out ``at the Naval Academy whose pay
is fixed under section 6952 of title 10'' and inserting in lieu thereof
``at the Military Academy, the Naval Academy, and the Air Force Academy
whose pay is fixed under sections 4338, 6952, and 9338, respectively, of
title 10''.
SEC. 534. EVALUATION OF REQUIREMENT THAT OFFICERS AND CIVILIAN
FACULTY MEMBERS REPORT VIOLATIONS OF NAVAL ACADEMY REGULATIONS.
(a) Report Requirement.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report evaluating the administration of section 6965
of title 10, United States Code. The report shall include any
recommendations of the Secretary as to amendments or repeal of that
section or whether the provisions of that section should be applied to
the United States Military Academy and the United States Air Force
Academy.
(b) Submission of Report.--The report shall be submitted not later
than 90 days after the date of the enactment of this Act.
SEC. 535. PROHIBITION OF TRANSFER OF NAVAL ACADEMY PREPARATORY
SCHOOL.
During fiscal year 1994, the Secretary of the Navy may not transfer
the Naval Academy Preparatory School from Newport, Rhode Island, to
Annapolis, Maryland, or expend any funds for any work (including
preparation of an architectural engineering study, design work, or
construction or modification of any structure) in preparation for such a
transfer.
SEC. 536. TEST PROGRAM TO EVALUATE USE OF PRIVATE PREPARATORY
SCHOOLS FOR SERVICE ACADEMY PREPARATORY SCHOOL MISSION.
(a) Test Program.--The Secretary of Defense shall conduct a test
program to determine the efficiency and cost effectiveness of using
schools in the private sector as an alternative to the existing schools
used for the mission of operating a military preparatory school program
for one or more of the service academies. The Secretary shall carry out
the test program through the Under Secretary of Defense for Personnel
and Readiness.
(b) Priority.--The test program shall be carried out so as to give
priority to the goal of enhancing opportunities for minorities, women,
and prior enlisted personnel to attend service academies.
(c) Exclusion From Academy Strength Limitations.--Any individual who
is admitted to one of the three service academies following completion
of a program of instruction at a private sector preparatory school under
the test program shall be excluded from the computation of the size of
the corps of cadets or brigade of midshipmen, as the case may be, for
purposes of strength ceilings imposed by law.
Subtitle D--Women in the Service
SEC. 541. REPEAL OF THE STATUTORY RESTRICTION ON
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THE ASSIGNMENT OF
WOMEN IN THE NAVY AND MARINE CORPS.
(a) In General.--Section 6015 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 555 of such title is amended by striking out the item relating
to section 6015.
SEC. 542. NOTICE TO CONGRESS OF PROPOSED CHANGES IN COMBAT
ASSIGNMENTS TO WHICH FEMALE MEMBERS MAY BE ASSIGNED.
(a) In General.--(1) Except in a case covered by subsection (b),
whenever the Secretary of Defense proposes to change military personnel
policies in order to make available to female members of the Armed
Forces assignment to any type of combat unit, class of combat vessel, or
type of combat platform that is not open to such assignments, the
Secretary shall, not less than 30 days before such change is
implemented, transmit to the Committees on Armed Services of the Senate
and House of Representatives notice of the proposed change in personnel
policy.
(2) If before the date of the enactment of this Act the Secretary
made any change to military personnel policies in order to make
available to female members of the Armed Forces assignment to any type
of combat unit, class of combat vessel, or type of combat platform that
was not previously open to such assignments, the Secretary shall, not
later than 30 days after the date of the enactment of this Act, transmit
to the Committees on Armed Services of the Senate and House of
Representatives notice of that change in personnel policy.
(b) Special Rule for Ground Combat Exclusion Policy.--(1) If the
Secretary of Defense proposes to make any change described in paragraph
(2) to the ground combat exclusion policy, the Secretary shall, not less
than 90 days before any such change is implemented, submit to Congress a
report providing notice of the proposed change.
(2) A change referred to in paragraph (1) is a change that either--
(A) closes to female members of the Armed Forces any category of
unit or position that at that time is open to service by such
members; or
(B) opens to service by such members any category of unit or
position that at that time is closed to service by such members.
(3) The Secretary shall include in any report under paragraph (1)--
(A) a detailed description of, and justification for, the
proposed change to the ground combat exclusion policy; and
(B) a detailed analysis of legal implication of the proposed
change with respect to the constitutionality of the application of
the Military Selective Service Act to males only.
(4) For purposes of this subsection, the term ``ground combat
exclusion policy'' means the military personnel policies of the
Department of Defense and the military departments, as in effect on
January 1, 1993, by which female members of the Armed Forces are
restricted from assignment to units and positions whose mission requires
routine engagement in direct combat on the ground.
SEC. 543. GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STANDARDS.
(a) Gender Neutrality Requirement.--In the case of any military
occupational career field that is open to both male and female members
of the Armed Forces, the Secretary of Defense--
(1) shall ensure that qualification of members of the Armed
Forces for, and continuance of members of the Armed Forces in, that
occupational career field is evaluated on the basis of common,
relevant performance standards, without differential standards or
evaluation on the basis of gender;
(2) may not use any gender quota, goal, or ceiling except as
specifically authorized by law; and
(3) may not change an occupational performance standard for the
purpose of increasing or decreasing the number of women in that
occupational career field.
(b) Requirements Relating To Use of Specific Physical
Requirements.--(1) For any military occupational specialty for which the
Secretary of Defense determines that specific physical requirements for
muscular strength and endurance and cardiovascular capacity are
essential to the performance of duties, the Secretary shall prescribe
specific physical requirements for members in that specialty and shall
ensure (in the case of an occupational specialty that is open to both
male and female members of the Armed Forces) that those requirements are
applied on a gender-neutral basis.
(2) Whenever the Secretary establishes or revises a physical
requirement for an occupational specialty, a member serving in that
occupational specialty when the new requirement becomes effective, who
is otherwise considered to be a satisfactory performer, shall be
provided a reasonable period, as determined under regulations prescribed
by the Secretary, to meet the standard established by the new
requirement. During that period, the new physical requirement may not be
used to disqualify the member from continued service in that specialty.
(c) Notice to Congress of Changes.--Whenever the Secretary of
Defense proposes to implement changes to the occupational standards for
a military occupational field that are expected to result in an
increase, or in a decrease, of at least 10 percent in the number of
female members of the Armed Forces who enter, or are assigned to, that
occupational field, the Secretary of Defense shall submit to Congress a
report providing notice of the change and the justification and
rationale for the change. Such changes may then be implemented only
after the end of the 60-day period beginning on the date on which such
report is submitted.
Subtitle E--Victims' Rights and Family Advocacy
SEC. 551. RESPONSIBILITIES OF MILITARY LAW ENFORCEMENT OFFICIALS AT
SCENES OF DOMESTIC VIOLENCE.
(a) In General.--(1) Section 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``§1058. Responsibilities of military law enforcement officials at
scenes of domestic violence
``(a) Immediate Actions Required.--Under regulations prescribed
pursuant to subsection (c), the Secretary concerned shall ensure, in any
case of domestic violence in which a military law enforcement official
at the scene determines that physical injury has been inflicted or a
deadly weapon or dangerous instrument has been used, that military law
enforcement officials--
``(1) take immediate measures to reduce the potential for
further violence at the scene; and
``(2) within 24 hours of the incident, provide a report of the
domestic violence to the appropriate commander and to a local
military family advocacy representative exercising responsibility
over the area in which the incident took place.
``(b) Family Advocacy Committee.--Under regulations prescribed
pursuant to subsection (c), the Secretary concerned shall ensure that,
whenever a report is provided to a commander under subsection (a)(2), a
multidisciplinary family advocacy committee meets, with all due
practicable speed, to review the situation and to make recommendations
to the commander for appropriate action.
``(c) Regulations.--The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy, shall prescribe by regulation the definition
of `domestic violence' for purposes of this section and such other
regulations as may be necessary for purposes of this section.
``(d) Military Law Enforcement Official.--In this section, the term
`military law enforcement official' means a person authorized under
regulations governing the armed forces to apprehend persons subject to
this chapter or to trial thereunder.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1058. Responsibilities of military law enforcement officials at scenes
of domestic violence.''.
(b) Deadline for Prescribing Procedures.--The Secretary of Defense
shall prescribe procedures to carry out section
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1058 of title 10, United
States Code, as added by subsection (a), not later than six months after
the date of the enactment of this Act.
SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF VICTIMS AND
WITNESSES OF STATUS OF PRISONERS IN MILITARY CORRECTIONAL
FACILITIES.
(a) In General.--The Secretary of Defense shall prescribe procedures
and implement a centralized system for notice of the status of offenders
confined in military correctional facilities to be provided to victims
and witnesses. Such procedures shall, to the maximum extent practicable,
be consistent with procedures of the Federal Bureau of Prisons for
victim and witness notification.
(b) Deadline for Prescribing Procedures.--The Secretary of Defense--
(1) shall prescribe the procedures required by subsection (a)
not later than six months after the date of the enactment of this
Act; and
(2) shall implement the centralized system required by that
section not later than six months after those procedures are
prescribed.
(c) Notification and Reporting Requirement.--(1) Upon implementation
of the centralized system of notice under subsection (a), the Secretary
shall notify Congress of such implementation.
(2) After such system has been in operation for one year, the
Secretary shall submit to Congress a report detailing the lessons
learned during the first year of operation.
(d) Termination of Requirement.--The requirement to establish
procedures and implement a centralized system of notice under subsection
(a) shall expire 90 days after the receipt of the report required by
subsection (c)(2).
SEC. 553. STUDY OF STALKING BY PERSONS SUBJECT TO UCMJ.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the problem of stalking by persons subject to the Uniform
Code of Military Justice (chapter 47 of title 10, United States Code).
In the report, the Secretary shall describe the scope of the problem of
stalking within the Armed Forces and shall address whether existing
procedures and punitive articles under the Uniform Code of Military
Justice adequately protect members of the Armed Forces, and dependents
of members of the Armed Forces, who are threatened with stalking. The
Secretary shall include in the report such recommendations for changes
to law and regulations as the Secretary determines to be necessary.
(b) Stalking.--For purposes of the report under subsection (a),
stalking shall be considered to include actions of a person in
repeatedly following or harassing another person in a manner to induce
in a reasonable person a fear of sexual battery, bodily injury, or death
of that person or a member of that person's immediate family.
SEC. 554. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE
ARMED FORCES SEPARATED FOR DEPENDENT ABUSE.
(a) In General.--(1) Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``§1058. Dependents of members separated for dependent abuse:
transitional compensation
``(a) Authority To Pay Compensation.--The Secretary of Defense, with
respect to the armed forces (other than the Coast Guard when it is not
operating as a service in the Navy), and the Secretary of
Transportation, with respect to the Coast Guard when it is not operating
as a service in the Navy, may each establish a program to pay monthly
transitional compensation in accordance with this section to dependents
or former dependents of a member of the armed forces described in
subsection (b).
``(b) Punitive and Other Adverse Actions Covered.--This section
applies in the case of a member of the armed forces on active duty for a
period of more than 30 days--
``(1) who is convicted of a dependent-abuse offense (as defined
in subsection (c)) and whose conviction results in the member--
``(A) being separated from active duty pursuant to a
sentence of a court-martial; or
``(B) forfeiting all pay and allowances pursuant to a
sentence of a court-martial; or
``(2) who is administratively separated from active duty in
accordance with applicable regulations if the basis for the
separation includes a dependent-abuse offense.
``(c) Dependent-Abuse Offenses.--For purposes of this section, a
dependent-abuse offense is conduct by an individual while a member of
the armed forces on active duty for a period of more than 30 days--
``(1) that involves abuse of the spouse or a dependent child of
the member; and
``(2) that is a criminal offense specified in regulations
prescribed by the Secretary of Defense under subsection (j).
``(d) Recipients of Payments.--In any case of a separation from
active duty as described in subsection (b), the Secretary shall pay such
compensation to dependents or former dependents of the former member as
follows:
``(1) If the former member was married at the time of the
commission of the dependent-abuse offense resulting in the
separation, such compensation shall (except as otherwise provided in
this subsection) be paid to the spouse or former spouse to whom the
member was married at that time.
``(2) If there is a spouse or former spouse who (but for
subsection (g)) would be eligible for compensation under this
section and if there is a dependent child of the former member who
does not reside in the same household as that spouse or former
spouse, such compensation shall be paid to each such dependent child
of the former member who does not reside in that household.
``(3) If there is no spouse or former spouse who is (or but for
subsection (g) would be) eligible under paragraph (1), such
compensation shall be paid to the dependent children of the former
member.
``(4) For purposes of paragraphs (2) and (3), an individual's
status as a `dependent child' shall be determined as of the date on
which the member is convicted of the dependent-abuse offense or, in
a case described in subsection (b)(2), as of the date on which the
member is separated from active duty.
``(e) Commencement and Duration of Payment.--(1) Payment of
transitional compensation under this section shall commence as of the
date of the discontinuance of the member's pay and allowances pursuant
to the separation or sentencing of the member and, except as provided in
paragraph (2), shall be paid for a period of 36 months.
``(2) If as of the date on which payment of transitional
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
of--
``(A) the unserved portion of the member's period of obligated
active duty service; or
``(B) 12 months.
``(f) Amount of Payment.--(1) Payment to a spouse or former spouse
under this section for any month shall be at the rate in effect for that
month for the payment of dependency and indemnity compensation under
section 1311(a)(1) of title 38.
``(2) If a spouse or former spouse to whom compensation is paid
under this section has custody of a dependent child or children of the
member, the amount of such compensation paid for any month shall be
increased for each such dependent child by the amount in effect for that
month under section 1311(b) of title 38.
``(3) If compensation is paid under this section to a child or
children pursuant to subsection (d)(2) or (d)(3), such compensation
shall be paid in equal shares, with the amount of such compensation for
any month determined in accordance with the rates in effect for that
month under section 1313 of title 38.
``(g) Spouse and Former Spouse Forfeiture Provisions.--(1) If a
former spouse receiving compensation under this section remar
2000
ries, the
Secretary shall terminate payment of such compensation, effective as of
the date of such marriage. The Secretary may not renew payment of
compensation under this section to such former spouse in the event of
the termination of such subsequent marriage.
``(2) If after a punitive or other adverse action is executed in the
case of a former member as described in subsection (b) the former member
resides in the same household as the spouse or former spouse, or
dependent child, to whom compensation is otherwise payable under this
section, the Secretary shall terminate payment of such compensation,
effective as of the time the former member begins residing in such
household. Compensation paid for a period after the former member's
separation, but before the former member resides in the household, shall
not be recouped. If the former member subsequently ceases to reside in
such household before the end of the period of eligibility for such
payments, the Secretary may not resume such payments.
``(3) In a case in which the victim of the dependent-abuse offense
resulting in a punitive or other adverse action described in subsection
(b) was a dependent child, the Secretary concerned may not pay
compensation under this section to a spouse or former spouse who would
otherwise be eligible to receive such compensation if the Secretary
determines (under regulations prescribed under subsection (j)) that the
spouse or former spouse was an active participant in the conduct
constituting the dependent-abuse offense.
``(h) Effect of Continuation of Military Pay.--In the case of
payment of transitional compensation by reason of a total forfeiture of
pay and allowances pursuant to a sentence of a court-martial, payment of
transitional compensation shall not be made for any period for which an
order--
``(1) suspends, in whole or in part, that part of a sentence
that includes forfeiture of the member's pay and allowance; or
``(2) otherwise results in continuation, in whole or in part, of
the member's pay and allowances.
``(i) Coordination of Benefits.--The Secretary concerned may not
make payments to a spouse or former spouse under both this section and
section 1408(h)(1) of this title. In the case of a spouse or former
spouse for whom a court order provides for payments by the Secretary
pursuant to section 1408(h)(1) of this title and to whom the Secretary
offers payments under this section, the spouse or former spouse shall
elect which to receive.
``(j) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section with respect to the armed forces
(other than the Coast Guard when it is not operating as a service in the
Navy). The Secretary of Transportation shall prescribe regulations to
carry out this section with respect to the Coast Guard when it is not
operating as a service in the Navy.
``(2) Regulations prescribed under paragraph (1) shall include the
criminal offenses, or categories of offenses, under the Uniform Code of
Military Justice (chapter 47 of this title), Federal criminal law, the
criminal laws of the States and other jurisdictions of the United
States, and the laws of other nations that are to be considered to be
dependent-abuse offenses for the purposes of this section.
``(k) Dependent Child Defined.--In this section, the term `dependent
child', with respect to a member or former member of the armed forces
referred to in subsection (b), means an unmarried child, including an
adopted child or a stepchild, who was residing with the member at the
time of the dependent-abuse offense resulting in the separation of the
former member and--
``(1) who is under 18 years of age;
``(2) who is 18 years of age or older and is incapable of self-
support because of a mental or physical incapacity that existed
before the age of 18 and who is (or, at the time a punitive or other
adverse action was executed in the case of the former member as
described in subsection (b), was) dependent on the former member for
over one-half of the child's support; or
``(3) who is 18 years of age or older but less than 23 years of
age, is enrolled in a full-time course of study in an institution of
higher learning approved by the Secretary of Defense and who is (or,
at the time a punitive or other adverse action was executed in the
case of the former member as described in subsection (b), was)
dependent on the former member for over one-half of the child's
support.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1056 the
following new item:
``1058. Dependents of members separated for dependent abuse:
transitional compensation.''.
(b) Effective Date.--(1) Section 1058 of title 10, United States
Code, as added by subsection (a), shall apply with respect to a member
of the Armed Forces who, on or after the date of the enactment of this
Act--
(A) is separated from active duty as described in subsection (b)
of such section; or
(B) forfeits all pay and allowances as described in such
subsection.
(2) Notwithstanding paragraph (1), no payment may be made under such
section 1058 with respect to any period before April 1, 1994.
SEC. 555. CLARIFICATION OF ELIGIBILITY FOR BENEFITS FOR DEPENDENT
VICTIMS OF ABUSE BY MEMBERS OF THE ARMED FORCES PENDING LOSS OF
RETIRED PAY.
(a) Payment Required.--Subsection (h) of section 1408 of title 10,
United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new paragraph
(10):
``(10)(A) For purposes of this subsection, in the case of a member
of the armed forces who has been sentenced by a court-martial to receive
a punishment that will terminate the eligibility of that member to
receive retired pay if executed, the eligibility of that member to
receive retired pay may, as determined by the Secretary concerned, be
considered terminated effective upon the approval of that sentence by
the person acting under section 860(c) of this title (article 60(c) of
the Uniform Code of Military Justice).
``(B) If each form of the punishment that would result in the
termination of eligibility to receive retired pay is later remitted, set
aside, or mitigated to a punishment that does not result in the
termination of that eligibility, a payment of benefits to the eligible
recipient under this subsection that is based on the punishment so
vacated, set aside, or mitigated shall cease. The cessation of payments
shall be effective as of the first day of the first month following the
month in which the Secretary concerned notifies the recipient of such
benefits in writing that payment of the benefits will cease. The
recipient may not be required to repay the benefits received before that
effective date (except to the extent necessary to recoup any amount that
was erroneous when paid).''.
(b) Administration for the Coast Guard.--Such subsection is further
amended--
(1) in paragraph (2)(A), by inserting after ``Secretary of
Defense'' the following: ``or, for the Coast Guard when it is not
operating as a service in the Navy, by the Secretary of
Transportation''; and
(2) in paragraph (8), by inserting before the period at the end
the following: ``or, in the case of the Coast Guard, out of funds
appropriated to the Department of Transportation for payment of
retired pay for the Coast Guard''.
(c) Effective Date.--The amendments made by this section shall take
effect as of October 23, 1992, and shall apply as if the provisions of
the paragraph (10) of section 1408(h) of title 10, United States Code,
added by such subsection were included in the amendment made by section
653(a)(2) of Public Law 102-484 (106 Stat. 2426).
Subtitle F--Force Reduction Transition
SEC. 561. EXTENSION THROUGH FISCAL YEAR 1999 OF CER
2000
TAIN FORCE DRAW-
DOWN TRANSITION AUTHORITIES RELATING TO PERSONNEL MANAGEMENT AND
BENEFITS.
(a) Early Retirement Authority for Active Duty Members.--Section
4403(i) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2704; 10 U.S.C. 1293 note) is amended by
striking out ``October 1, 1995'' and inserting in lieu thereof ``October
1, 1999''.
(b) Selective Early Retirement Boards.--Section 638a(a) of title 10,
United States Code, is amended by striking out ``five-year period'' and
inserting in lieu thereof ``nine-year period''.
(c) Required Length of Commissioned Service for Voluntary Retirement
as an Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of title 10,
United States Code, are each amended by striking out ``five-year
period'' and inserting in lieu thereof ``nine-year period''.
(d) Reduction of Time-in-Grade Requirement for Retention of Grade
Upon Voluntary Retirement.--Section 1370(a)(2)(A) of title 10, United
States Code, is amended by striking out ``five-year period'' and
inserting in lieu thereof ``nine-year period''.
(e) Retirement of Certain Limited Duty Officers of the Navy.--
Sections 633 and 634, and subsection (a)(5) and (i) of section 6383, of
title 10, United States Code, are each amended by striking out ``October
1, 1995'' and inserting in lieu thereof ``October 1, 1999''.
(f) Guard and Reserve Transition Initiatives.--(1) Section 4411 of
the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2712; 10 U.S.C. 1162 note) is amended by striking out
``September 30, 1995'' and inserting in lieu thereof ``September 30,
1999''.
(2) Section 4416 of such Act (106 Stat. 2714; 10 U.S.C. 1162 note)
is amended--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking out
``the period referred to in subsection (c)'' and inserting in
lieu thereof ``the force reduction transition period'';
(ii) in paragraph (1), by striking out ``October 1, 1995,''
and inserting in lieu thereof ``October 1, 1999,''; and
(iii) in paragraph (3), by striking out ``Retired Reserve--
'' and all that follows in that paragraph and inserting in lieu
thereof ``Retired Reserve.''; and
(B) by striking out subsection (c).
(3) Section 4418(a) of such Act (106 Stat. 2717; 10 U.S.C. 1162
note) is amended by inserting ``during the force reduction transition
period'' before ``is entitled to separation pay''.
(4) Section 1331a of title 10, United States Code, is amended--
(A) in subsection (a)(1)(B), by striking out ``October 1, 1995''
and inserting in lieu thereof ``October 1, 1999'';
(B) in subsection (a)(2), by striking out ``within one year
after the date of the notification referred to in paragraph (1)'';
and
(C) in subsection (b), by striking out ``October 1, 1995'' and
inserting in lieu thereof ``October 1, 1999''.
(g) Special Separation Benefit.--Section 1174a(h) of title 10,
United States Code, is amended by striking out ``September 30, 1995''
and inserting in lieu thereof ``September 30, 1999''.
(h) Voluntary Separation Incentive.--Section 1175 of title 10,
United States Code, is amended--
(1) in subsections (d)(3) and (h)(6), by striking out
``September 30, 1995'' each place it appears and inserting in lieu
thereof ``September 30, 1999''; and
(2) in subsection (h)(7)(A), by striking out ``fiscal year
1996'' and inserting in lieu thereof ``fiscal year 1999''.
(i) Health, Commissary, and Family Housing Benefits.--Sections
1145(a)(1), 1145(c)(1), 1146, and 1147(a) of title 10, United States
Code, are each amended by striking out ``five-year period'' and
inserting in lieu thereof ``nine-year period''.
(j) Guard and Reserve Affiliation Preference.--Section 1150(a) of
title 10, United States Code, is amended by striking out ``five-year
period'' and inserting in lieu thereof ``nine-year period''.
(k) Assistance To Obtain Employment as Teacher.--Section
1151(c)(1)(A) of title 10, United States Code, is amended by striking
out ``five-year period'' and inserting in lieu thereof ``seven-year
period''.
(l) Travel and Transportation Allowances and Storage of Baggage and
Household Effects for Certain Members Being Involuntarily Separated.--
(1) Sections 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and
406(g)(1)(C) of title 37, United States Code, are each amended by
striking out ``five-year period'' and inserting in lieu thereof ``nine-
year period''.
(2) Section 503(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 37 U.S.C. 406 note) is amended by
striking out ``five-year period'' and inserting in lieu thereof ``nine-
year period''.
(m) Waiver of Service Requirement for Certain Reservists Under
Montgomery GI Bill.--Section 2133(b)(1)(B) of title 10, United States
Code, and section 3012(b)(1)(B)(iii) of title 38, United States Code,
are each amended by striking out ``September 30, 1995,'' and inserting
in lieu thereof ``September 30, 1999,''.
(n) Continued Enrollment of Dependents in Defense Dependents'
Education System.--Section 1407(c)(1) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 926(c)(1)) is amended by striking out
``five-year period'' and inserting in lieu thereof ``nine-year period''.
(o) Program of Educational Leave Relating to Continuing Public and
Community Service.--Section 4463(f) of the National Defense
Authorization Act for Fiscal Year 1993 (106 Stat. 2741; 10 U.S.C. 1143a
note) is amended by striking out ``September 30, 1995'' and inserting in
lieu thereof ``September 30, 1999''.
SEC. 562. RETENTION IN AN ACTIVE STATUS OF ENLISTED RESERVES WITH
BETWEEN 18 AND 20 YEARS OF SERVICE.
(a) Sanctuary for Reserve Members.--Section 1176 of title 10, United
States Code, is amended by striking out subsection (b) and inserting in
lieu thereof the following:
``(b) Reserve Members in Active Status.--A reserve enlisted member
serving in an active status who is selected to be involuntarily
separated (other than for physical disability or for cause), or whose
term of enlistment expires and who is denied reenlistment (other than
for physical disability or for cause), and who on the date on which the
member is to be discharged or transferred from an active status is
entitled to be credited with at least 18 but less than 20 years of
service computed under section 1332 of this title, may not be
discharged, denied reenlistment, or transferred from an active status
without the member's consent before the earlier of the following:
``(1) If as of the date on which the member is to be discharged
or transferred from an active status the member has at least 18, but
less than 19, years of service computed under section 1332 of this
title--
``(A) the date on which the member is entitled to be
credited with 20 years of service computed under section 1332 of
this title; or
``(B) the third anniversary of the date on which the member
would otherwise be discharged or transferred from an active
status.
``(2) If as of the date on which the member is to be discharged
or transferred from an active status the member has at least 19, but
less than 20, years of service computed under section 1332 of this
title--
``(A) the date on which the member is entitled to be
credited with 20 years of service computed under section 1332 of
this title; or
``(B) the second anniversary of the date on which the member
would otherwise be discharged or transferred from an active
status.''.
(b) Effective Date.--Subsection (b) of section 1176 of title 10,
United States Code, as added by subsection (a), shall take effect as of
October 23, 1992.
SEC. 563. AUTHORITY TO ORDER EARLY RESERVE RETIREES TO ACTIVE DUTY.
Section 688(a) of title 10, United States
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Code, is amended by
striking out ``who has completed at least 20 years of active service''
and inserting in lieu thereof ``who was retired under section 1293,
3911, 3914, 6323, 8911, or 8914 of this title''.
SEC. 564. APPLICABILITY TO COAST GUARD RESERVE OF CERTAIN RESERVE
COMPONENTS TRANSITION INITIATIVES.
(a) Applicability of Certain Benefits.--The Secretary of
Transportation shall prescribe such regulations as necessary so as to
apply to the members of the Coast Guard Reserve the provisions of
subtitle B of title XLIV of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (division D of Public Law 102-484; 106
Stat. 2712), including the amendments made by those provisions. For
purposes of the application of any of such provisions to the Coast Guard
Reserve, any reference in those provisions to the Secretary of Defense
or Secretary of a military department shall be treated as referring to
the Secretary of Transportation.
(b) Regulations.--Regulations prescribed for the purposes of this
section shall to the extent practicable be identical to the regulations
prescribed by the Secretary of Defense under those provisions.
(c) Temporary Special Retirement Authority.--Section 1331a of title
10, United States Code, is amended--
(1) in subsection (a), by striking out ``Secretary of a military
department'' and inserting in lieu thereof ``Secretary concerned'';
and
(2) in subsection (c), by striking out ``of the military
department''; and
(3) in subsection (e), by striking out the period at the end and
inserting in lieu thereof ``and by the Secretary of Transportation
with respect to the Coast Guard.''.
Subtitle G--Other Matters
SEC. 571. POLICY CONCERNING HOMOSEXUALITY IN THE ARMED FORCES.
(a) Codification.--(1) Chapter 37 of title 10, United States Code,
is amended by adding at the end the following new section:
``§654. Policy concerning homosexuality in the armed forces
``(a) Findings.--Congress makes the following findings:
``(1) Section 8 of article I of the Constitution of the United
States commits exclusively to the Congress the powers to raise and
support armies, provide and maintain a Navy, and make rules for the
government and regulation of the land and naval forces.
``(2) There is no constitutional right to serve in the armed
forces.
``(3) Pursuant to the powers conferred by section 8 of article I
of the Constitution of the United States, it lies within the
discretion of the Congress to establish qualifications for and
conditions of service in the armed forces.
``(4) The primary purpose of the armed forces is to prepare for
and to prevail in combat should the need arise.
``(5) The conduct of military operations requires members of the
armed forces to make extraordinary sacrifices, including the
ultimate sacrifice, in order to provide for the common defense.
``(6) Success in combat requires military units that are
characterized by high morale, good order and discipline, and unit
cohesion.
``(7) One of the most critical elements in combat capability is
unit cohesion, that is, the bonds of trust among individual service
members that make the combat effectiveness of a military unit
greater than the sum of the combat effectiveness of the individual
unit members.
``(8) Military life is fundamentally different from civilian
life in that--
``(A) the extraordinary responsibilities of the armed
forces, the unique conditions of military service, and the
critical role of unit cohesion, require that the military
community, while subject to civilian control, exist as a
specialized society; and
``(B) the military society is characterized by its own laws,
rules, customs, and traditions, including numerous restrictions
on personal behavior, that would not be acceptable in civilian
society.
``(9) The standards of conduct for members of the armed forces
regulate a member's life for 24 hours each day beginning at the
moment the member enters military status and not ending until that
person is discharged or otherwise separated from the armed forces.
``(10) Those standards of conduct, including the Uniform Code of
Military Justice, apply to a member of the armed forces at all times
that the member has a military status, whether the member is on base
or off base, and whether the member is on duty or off duty.
``(11) The pervasive application of the standards of conduct is
necessary because members of the armed forces must be ready at all
times for worldwide deployment to a combat environment.
``(12) The worldwide deployment of United States military
forces, the international responsibilities of the United States, and
the potential for involvement of the armed forces in actual combat
routinely make it necessary for members of the armed forces
involuntarily to accept living conditions and working conditions
that are often spartan, primitive, and characterized by forced
intimacy with little or no privacy.
``(13) The prohibition against homosexual conduct is a
longstanding element of military law that continues to be necessary
in the unique circumstances of military service.
``(14) The armed forces must maintain personnel policies that
exclude persons whose presence in the armed forces would create an
unacceptable risk to the armed forces' high standards of morale,
good order and discipline, and unit cohesion that are the essence of
military capability.
``(15) The presence in the armed forces of persons who
demonstrate a propensity or intent to engage in homosexual acts
would create an unacceptable risk to the high standards of morale,
good order and discipline, and unit cohesion that are the essence of
military capability.
``(b) Policy.--A member of the armed forces shall be separated from
the armed forces under regulations prescribed by the Secretary of
Defense if one or more of the following findings is made and approved in
accordance with procedures set forth in such regulations:
``(1) That the member has engaged in, attempted to engage in, or
solicited another to engage in a homosexual act or acts unless there
are further findings, made and approved in accordance with
procedures set forth in such regulations, that the member has
demonstrated that--
``(A) such conduct is a departure from the member's usual
and customary behavior;
``(B) such conduct, under all the circumstances, is unlikely
to recur;
``(C) such conduct was not accomplished by use of force,
coercion, or intimidation;
``(D) under the particular circumstances of the case, the
member's continued presence in the armed forces is consistent
with the interests of the armed forces in proper discipline,
good order, and morale; and
``(E) the member does not have a propensity or intent to
engage in homosexual acts.
``(2) That the member has stated that he or she is a homosexual
or bisexual, or words to that effect, unless there is a further
finding, made and approved in accordance with procedures set forth
in the regulations, that the member has demonstrated that he or she
is not a person who engages in, attempts to engage in, has a
propensity to engage in, or intends to engage in homosexual acts.
``(3) That the member has married or attempted to marry a person
known to be of the same biological sex.
``(c) Entry Standards and Documents.--(1) The Secretary of Defense
shall ensure that the standards for enlistment and appointment of
members of the armed forces reflect the policies set forth in subsection
(b).
``(2) The documents used
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to effectuate the enlistment or appointment
of a person as a member of the armed forces shall set forth the
provisions of subsection (b).
``(d) Required Briefings.--The briefings that members of the armed
forces receive upon entry into the armed forces and periodically
thereafter under section 937 of this title (article 137 of the Uniform
Code of Military Justice) shall include a detailed explanation of the
applicable laws and regulations governing sexual conduct by members of
the armed forces, including the policies prescribed under subsection
(b).
``(e) Rule of Construction.--Nothing in subsection (b) shall be
construed to require that a member of the armed forces be processed for
separation from the armed forces when a determination is made in
accordance with regulations prescribed by the Secretary of Defense
that--
``(1) the member engaged in conduct or made statements for the
purpose of avoiding or terminating military service; and
``(2) separation of the member would not be in the best interest
of the armed forces.
``(f) Definitions.--In this section:
``(1) The term `homosexual' means a person, regardless of sex,
who engages in, attempts to engage in, has a propensity to engage
in, or intends to engage in homosexual acts, and includes the terms
`gay' and `lesbian'.
``(2) The term `bisexual' means a person who engages in,
attempts to engage in, has a propensity to engage in, or intends to
engage in homosexual and heterosexual acts.
``(3) The term `homosexual act' means--
``(A) any bodily contact, actively undertaken or passively
permitted, between members of the same sex for the purpose of
satisfying sexual desires; and
``(B) any bodily contact which a reasonable person would
understand to demonstrate a propensity or intent to engage in an
act described in subparagraph (A).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``654. Policy concerning homosexuality in the armed forces.''.
(b) Regulations.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Defense shall revise Department of Defense
regulations, and issue such new regulations as may be necessary, to
implement section 654 of title 10, United States Code, as added by
subsection (a).
(c) Savings Provision.--Nothing in this section or section 654 of
title 10, United States Code, as added by subsection (a), may be
construed to invalidate any inquiry, investigation, administrative
action or proceeding, court-martial, or judicial proceeding conducted
before the effective date of regulations issued by the Secretary of
Defense to implement such section 654.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the suspension of questioning concerning homosexuality as
part of the processing of individuals for accession into the Armed
Forces under the interim policy of January 29, 1993, should be
continued, but the Secretary of Defense may reinstate that
questioning with such questions or such revised questions as he
considers appropriate if the Secretary determines that it is
necessary to do so in order to effectuate the policy set forth in
section 654 of title 10, United States Code, as added by subsection
(a); and
(2) the Secretary of Defense should consider issuing guidance
governing the circumstances under which members of the Armed Forces
questioned about homosexuality for administrative purposes should be
afforded warnings similar to the warnings under section 831(b) of
title 10, United States Code (article 31(b) of the Uniform Code of
Military Justice).
SEC. 572. CHANGE IN TIMING OF REQUIRED DRUG AND ALCOHOL TESTING AND
EVALUATION OF APPLICANTS FOR APPOINTMENT AS CADET OR MIDSHIPMAN
AND FOR ROTC GRADUATES.
Section 978(a)(3) of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``during the physical
examination given the applicant before such appointment'' and
inserting in lieu thereof ``within 72 hours of such appointment'';
and
(2) in the second sentence, by striking out ``during the
precommissioning physical examination given such person'' and
inserting in lieu thereof ``before such an appointment is
executed''.
SEC. 573. REIMBURSEMENT REQUIREMENTS FOR ADVANCED EDUCATION
ASSISTANCE.
(a) In General.--Section 2005 of title 10, United States Code, is
amended by adding at the end the following new subsections:
``(g)(1) In any case in which the Secretary concerned determines
that a person who entered into an agreement under this section failed to
complete the period of active duty specified in the agreement (or failed
to fulfill any other term or condition prescribed in the agreement) and,
by reason of the provision of the agreement required under subsection
(a)(3), may owe a debt to the United States and in which that person
disputes that such a debt is owed, the Secretary shall designate a
member of the armed forces or a civilian employee under the jurisdiction
of the Secretary to investigate the facts of the case and hear evidence
presented by the person who may owe the debt and other parties, as
appropriate, in order to determine the validity of the debt. That
official shall report the official's findings and recommendations to the
Secretary concerned. If the justification for the debt investigated
includes an allegation of misconduct, the investigating official shall
state in the report the official's assessment as to whether the
individual behavior that resulted in the separation of the person who
may owe the debt qualifies as misconduct under subsection (a)(3).
``(2) The Secretary of each military department shall ensure that a
member of the armed forces who may be subject to a reimbursement
requirement under this section is advised of such requirement before (1)
submitting a request for voluntary separation, or (2) making a decision
on a course of action regarding personal involvement in administrative,
nonjudicial, and judicial action resulting from alleged misconduct.
``(h) The Secretary concerned may, at any time before October 1,
1998, modify an agreement described in subsection (a) to reduce the
active duty service obligation specified in the agreement if the
Secretary determines that it is in the best interests of the United
States to do so. In such a case, the Secretary shall reduce the amount
required to be reimbursed to the United States proportionately with the
reduction in the period of obligated active duty service.''.
(b) Effective Dates.--(1) Subsection (g) of section 2005 of title
10, United States Code, as added by subsection (a), shall apply with
respect to persons separated from the Armed Forces after the end of the
six-month period beginning on the date of the enactment of this Act.
(2) Subsection (h) of such section, as added by subsection (a),
shall apply with respect to persons separated from the Armed Forces
after the date of the enactment of this Act.
SEC. 574. RECOGNITION BY STATES OF MILITARY POWERS OF ATTORNEY.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044a the following new section:
``§1044b. Military powers of attorney: requirement for recognition
by States
``(a) Instruments To Be Given Legal Effect Without Regard to State
Law.--A military power of attorney--
``(1) is exempt from any requirement of form, substance,
formality, or recording that is provided for powers of attorney
under the laws of a State; and
``(2) shall be given the same legal effect as a power of
attorney prepared and executed in accordance with the laws of the
State concerned.
``(b) Military Power of Attorney.--For purposes of this section, a
military power of attorney is any general or special power of attorney
that
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is notarized in accordance with section 1044a of this title or
other applicable State or Federal law.
``(c) Statement To Be Included.--(1) Under regulations prescribed by
the Secretary concerned, each military power of attorney shall contain a
statement that sets forth the provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make inapplicable the
provisions of subsection (a) to a military power of attorney that does
not include a statement described in that paragraph.
``(d) State Defined.--In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, and a possession
of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044a the following:
``1044b. Military powers of attorney: requirement for recognition by
States.''.
SEC. 575. FOREIGN LANGUAGE PROFICIENCY TEST PROGRAM.
(a) Test Program.--The Secretary of Defense shall develop and carry
out a test program for improving foreign language proficiency in the
Department of Defense through improved management and other measures.
The test program shall be designed to evaluate the findings and
recommendations of--
(1) the June 1993 inspection report of the Inspector General of
the Department of Defense on the Defense Foreign Language Program
(report numbered 93-INS-10);
(2) the report of the Sixth Quadrennial Review of Military
Compensation (August 1988); and
(3) any other recent study of the foreign language proficiency
program of the Department of Defense.
(b) Evaluation of Prior Recommendations.--The test program shall
include an evaluation of the following possible changes to current
practice identified in the reports referred to in subsec-P tion (a):
(1) Management of linguist billets and personnel for the active
and reserve components from a Total Force perspective.
(2) Improvement of linguist training programs, both resident and
nonresident, to provide greater flexibility, to accommodate missions
other than signals intelligence, and to improve the provision of
resources for nonresident programs.
(3) Centralized responsibility within the Office of the
Secretary of Defense to provide coordinated oversight of all foreign
language issues and programs, including a centralized process for
determination, validation, and documentation of foreign language
requirements for different services and missions.
(4) Revised policies of each of the military departments to
foster maintenance of highly perishable linguistic skills through
improved management of the careers of language-trained personnel,
including more effective use of language skills, improved career
opportunities within the linguistics field, and specific linkage of
language proficiency to promotions.
(5) In the case of language-trained members of the reserve
components--
(A) the use of additional training assemblies (ATAs) as a
means of sustaining linguistic proficiency and enhancing
retention; and
(B) the use of larger enlistment and reenlistment bonuses,
Special Duty Assignment Pay, and educational incentives.
(6) Such other management changes as the Secretary may consider
necessary.
(c) Evaluation of Adjustment in Foreign Language Proficiency Pay.--
(1) The Secretary shall include in the test program an evaluation of
adjustments in foreign language proficiency pay for active and reserve
component personnel (which may be adjusted for purposes of the test
program without regard to section 316(b) of title 37, United States
Code).
(2) Before any adjustment in foreign language proficiency pay is
included in the test program as authorized by paragraph (1), the
Secretary shall submit to the committees named in subsection (d)(2) the
following information related to proficiency pay adjustments:
(A) The response of the Secretary to the findings of the
Inspector General in the report on the Defense Foreign Language
Program referred to in subsection (a)(1), specifically including the
following matters raised in that report:
(i) Inadequate centralized oversight of planning, policy,
roles, responsibilities, and funding for foreign language
programs.
(ii) Inadequate management and validation of the
requirements process for foreign language programs.
(iii) Inadequate uniform career management of language-
trained personnel, including failure to take sufficient
advantage of language skills and to recoup investment of
training dollars.
(iv) Inadequate training programs, both resident and
nonresident.
(B) The current manning of linguistic billets (shown by service,
by active or reserve component, and by career field).
(C) The rates of retention in the service for language-trained
personnel (shown by service, by active or reserve component, and by
career field).
(D) The rates of retention by career field for language-trained
personnel (shown by service and by active or reserve component).
(E) The rates of language proficiency for personnel serving in
linguistic billets (shown by service, by active or reserve
component, and by career field).
(F) Trends in performance ratings for personnel serving in
linguistic billets (shown by service, by active or reserve
component, and by career field).
(G) Promotion rates for personnel serving in linguistic billets
(shown by service, by active or reserve component, and by career
field).
(H) The estimated cost of foreign language proficiency pay as
proposed to be paid at the adjusted rates for the test program under
paragraph (1)--
(i) for each year of the test program; and
(ii) for five years, if those rates are subsequently applied
to the entire Department of Defense.
(3) The rates for adjusted foreign language proficiency pay as
proposed to be paid for the test program under paragraph (1) may not
take effect for the test program unless the senior official responsible
for personnel matters in the Office of the Secretary of Defense
determines that--
(A) the foreign language proficiency pay levels established for
the test program are consistent with proficiency pay levels for
other functions throughout the Department of Defense; and
(B) the terms and conditions for receiving foreign language
proficiency pay conform to current policies and practices within the
Department of Defense.
(d) Report on Plan for Test Program.--(1) The Secretary of Defense
shall submit to the committees named in paragraph (2) a report
containing a plan for the test program required in subsection (a), an
explanation of the plan, and a discussion of the matters stated in
subsection (c)(2). The report shall be submitted not later than April 1,
1994.
(2) The committees referred to in paragraph (1) are--
(A) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services and the Select Committee on
Intelligence of the Senate.
(e) Period of Test Program.--(1) The test program required by
subsection (a) shall begin on October 1, 1994. However, if the report
required by subsection (d) is not submitted by the date specified in
that subsection for the submission of the report, the test program shall
begin at the end of a period of 180 days (as computed under paragraph
(2)) beginning on the date on which such report is submitted.
(2) For purposes of paragraph (1), days on which either House is not
in session because of an adjournment of more than 3 days to a day
certain or because of an adjournment sine die shall be excluded in the
computatio
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n of such 180-day period.
(3) The test program shall terminate two years after it begins.
SEC. 576. CLARIFICATION OF PUNITIVE UCMJ ARTICLE REGARDING DRUNKEN
DRIVING.
(a) Clarification.--Paragraph (2) of section 911 of title 10, United
States Code (article 111 of the Uniform Code of Military Justice), is
amended by inserting ``or more'' after ``0.10 grams'' both places such
term appears.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the amendment to section 911 of title 10,
United States Code, made by section 1066(a)(1) of Public Law 102-484 on
October 23, 1992.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1994.
(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 1994 shall not be made.
(b) Increase in Basic Pay, BAS, and BAQ.--Effective on January 1,
1994, the rates of basic pay, basic allowance for subsistence, and basic
allowance for quarters of members of the uniformed services are
increased by 2.2 percent.
SEC. 602. CONTINUATION OF RATE OF BASIC PAY APPLICABLE TO CERTAIN
MEMBERS WITH OVER 24 YEARS OF SERVICE.
(a) Continuation of Rate.--Section 4402 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2701; 37 U.S.C. 1009 note) is amended--
(1) in subsection (a)--
(A) by striking out ``Temporary'' in the subsection heading;
and
(B) by striking out ``Temporary'' in the heading of the
table; and
(2) in subsection (b)--
(A) by striking out ``Temporary'' in the subsection heading;
and
(B) by striking out ``December 31, 1992,'' and all that
follows through the period at the end and inserting in lieu
thereof ``December 31, 1992.''.
(b) Conforming Amendments.--(1) The heading of such section is
amended to read as follows:
``SEC. 4402. RATE OF BASIC PAY APPLICABLE TO CERTAIN MEMBERS WITH OVER
24 YEARS OF SERVICE.''.
(2) The item relating to such section in the table of contents in
section 2(b) of such Act (Public Law 102-484; 106 Stat. 2329) is amended
to read as follows:
``Sec. 4402. Rate of basic pay applicable to certain members with over
24 years of service.''.
SEC. 603. PAY FOR STUDENTS AT SERVICE ACADEMY PREPARATORY SCHOOLS.
(a) Rates of Pay.--Section 203 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) A student at the United States Military Academy Preparatory
School, the United States Naval Academy Preparatory School, or the
United States Air Force Academy Preparatory School who was selected to
attend the preparatory school from civilian life is entitled to monthly
student pay at the same rate as provided for cadets and midshipmen under
subsection (c).
``(2) A student at a preparatory school referred to in paragraph (1)
who, at the time of the student's selection to attend the preparatory
school, was an enlisted member of the uniformed services on active duty
for a period of more than 30 days shall continue to receive monthly
basic pay at the rate prescribed for the student's pay grade and years
of service as an enlisted member.
``(3) The monthly student pay of a student described in paragraph
(1) shall be treated for purposes of the accrual charge for the
Department of Defense Military Retirement Fund established under section
1461 of title 10 in the same manner as monthly cadet pay or midshipman
pay under subsection (c).''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall apply with respect to students entering the United States Military
Academy Preparatory School, the United States Naval Academy Preparatory
School, or the United States Air Force Academy Preparatory School on or
after the date of the enactment of this Act.
SEC. 604. VARIABLE HOUSING ALLOWANCE FOR CERTAIN MEMBERS WHO ARE
REQUIRED TO PAY CHILD SUPPORT AND WHO ARE ASSIGNED TO SEA DUTY.
Section 403a(b)(2) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking out ``or''; and
(2) in subparagraph (B), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following new subparagraph:
``(C) the member is assigned to sea duty and elects not to
occupy assigned quarters for unaccompanied personnel, unless the
member is in a pay grade above E-6;''.
SEC. 605. EVACUATION ADVANCE PAY.
(a) Designation of Evacuation Location.--Section 1006(c) of title
37, United States Code, is amended by striking out ``the President'' in
the first sentence and inserting in lieu thereof ``the Secretary of
Defense''.
(b) Treatment of Homestead Air Force Base Evacuation.--The advance
payments of pay for permanent change of station that were received by
members of the uniformed services who were evacuated in August 1992 from
Homestead Air Force Base, Florida, because of Hurricane Andrew, shall be
treated as having been paid as evacuation advance pay under the
authority of section 1006(c) of title 37, United States Code.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF AUTHORITY FOR BONUSES AND SPECIAL PAY FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1993,'' and inserting in lieu thereof ``Septem-P ber 30, 1995,''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September 30,
1993,'' and inserting in lieu thereof ``Septem-P ber 30, 1995,''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1993,'' and inserting in lieu thereof ``Septem-P ber 30,
1995,''.
(d) Coverage of Period of Lapsed Agreement Authority.--(1) In the
case of a person described in paragraph (2) who executes an agreement
described in paragraph (3) during the 90-day period beginning on the
date of the enactment of this Act, the Secretary concerned may treat the
agreement for purposes of the accession bonus, monthly stipend, or
special pay authorized under the agreement as having been executed and
accepted on the first date on which the person would have qualified for
such an agreement had the amendments made by this section taken effect
on Octo-P ber 1, 1993.
(2) A person referred to in paragraph (1) is a person described in
section 2130a(b) of title 10, United States Code, or section 302d(a)(1)
or 302e(b) of title 37, United States Code, who, during the period
beginning on October 1, 1993, and ending on the date of the enactment of
this Act, would have qualified for an agreement described in paragraph
(3) had the amendments made by this section taken effect on October 1,
1993.
(3) An agreement referred to in this subsection is an agreement with
the Secretary concerned that is a condition for the payment of an
accession bonus and monthly stipend under section 2130a of title 10,
United States Code, an accession bonus under section 302d of title 37,
United States Code, or incentive special pay under section 302e of title
37, United States Code.
(4) For purposes of this subsection, the term ``Secretary
concerned'' has the meaning given that term in section 101(5) of title
37, United States Code.
SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BONUSES FOR RESERVE
FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1993'' and inserting in lieu thereof ``September 30, 1995''.
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(b) Selected Reserve Enlistment Bonus.--Section 308c of title 37,
United States Code, is amended--
(1) in subsection (b)--
(A) by striking out ``$2,000'' in the material preceding
paragraph (1) and inserting in lieu thereof ``$5,000''; and
(B) in paragraph (1), by striking out ``one-half of the
bonus shall be paid'' and inserting in lieu thereof ``an amount
not to exceed one-half of the bonus may be paid'';
(2) in subsection (e), by striking out ``September 30, 1993''
and inserting in lieu thereof ``September 30, 1995''; and
(3) by adding at the end the following new subsection:
``(f) The total amount of expenditures under this section may not
exceed $37,024,000 during fiscal year 1994.''.
(c) Selected Reserve Affiliation Bonus.--Section 308e of title 37,
United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking out ``fifth anniversary''
in the second sentence and inserting in lieu thereof ``sixth
anniversary''; and
(B) by adding at the end the following new paragraph:
``(3) In lieu of the procedures set out in paragraph (2), the
Secretary concerned may pay the bonus in monthly installments in such
amounts as may be determined by the Secretary. Monthly payments under
this paragraph shall begin after the first month of satisfactory service
of the person and are payable only for those months in which the person
serves satisfactorily. Satisfactory service shall be determined under
regulations prescribed by the Secretary of Defense.''; and
(2) in subsection (e), by striking out ``September 30, 1993''
and inserting in lieu thereof ``September 30, 1995''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking out
``September 30, 1993'' and inserting in lieu thereof ``September 30,
1995''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of title 37,
United States Code, is amended by striking out ``September 30, 1993''
and inserting in lieu thereof ``September 30, 1995''.
(f) Application of Certain Amendments.--The amendments made by
subsections (a), (b), (d), and (e) shall take effect as of September 30,
1993, and shall apply with respect to an enlistment, reenlistment, or
extension of an enlistment described in section 308b, 308c, 308h, or
308i of title 37, United States Code, occurring on or after that date.
(g) Coverage of Period of Lapsed Agreement Authority.--(1) In the
case of a person described in paragraph (2) who executes a reserve
affiliation agreement under section 308e of title 37, United States
Code, during the 90-day period beginning on the date of the enactment of
this Act, the Secretary of the military department concerned may treat
the agreement for purposes of the bonus authorized under such section as
having been executed and accepted on the first date on which the person
would have qualified for such an agreement had the amendment made by
subsection (c)(2) taken effect on October 1, 1993.
(2) A person referred to in paragraph (1) is a person described in
section 308e(a) of title 37, United States Code, who, during the period
beginning on October 1, 1993, and ending on the date of the enactment of
this Act, would have qualified for a reserve affiliation agreement under
such section had the amendment made by subsection (c)(2) taken effect on
October 1, 1993.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER
BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``Septem-P ber 30, 1993''
and inserting in lieu thereof ``September 30, 1994''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1993'' and inserting in lieu thereof ``Septem-P ber 30, 1995''.
(c) Enlistment Bonus for Critical Skills.--Section 308a(c) of title
37, United States Code, is amended by striking out ``September 30,
1993'' and inserting in lieu thereof ``September 30, 1995''.
(d) Special Pay for Enlisted Members of the Selected Reserve
Assigned To Certain High Priority Units.--Section 308d(c) of title 37,
United States Code, is amended by striking out ``September 30, 1993''
and inserting in lieu thereof ``Septem-P ber 30, 1995''.
(e) Army Enlistment Bonus.--Section 308f(c) of title 37, United
States Code, is amended by striking out ``September 30, 1992'' and
inserting in lieu thereof ``September 30, 1995''.
(f) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 2172(d) of title 10, United
States Code, is amended by striking out ``October 1, 1993'' and
inserting in lieu thereof ``October 1, 1995''.
(g) Special Pay for Critically Short Wartime Health 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, 1993'' and inserting in lieu thereof
``September 30, 1995''.
(h) Application of Certain Amendments.--(1) The amendments made by
subsections (b) and (c) shall take effect as of Sep-P tember 30, 1993,
and shall apply with respect to an enlistment, reenlistment, or
extension of an enlistment described in section 308 or 308a of title 37,
United States Code, occurring on or after that date.
(2) The amendment made by subsection (d) shall take effect as of
September 30, 1993, and shall apply with respect to inactive duty for
training performed after that date for which special pay is authorized
under section 308d of title 37, United States Code.
(3) The amendment made by subsection (e) shall take effect as of
September 30, 1992, and shall apply with respect to an enlistment in the
Army described in section 308f of title 37, United States Code,
occurring on or after that date.
(i) Coverage of Period of Lapsed Agreement Authority.--(1) In the
case of an officer described in paragraph (2) who executes an agreement
described in paragraph (3) during the 90-day period beginning on the
date of the enactment of this Act, the Secretary concerned may treat the
agreement for purposes of the retention bonus or special pay authorized
under the agreement as having been executed and accepted on the first
date on which the officer would have qualified for such an agreement had
the amendments made by subsections (a) and (g) taken effect on October
1, 1993.
(2) An officer referred to in paragraph (1) is an officer described
in section 301b(b) of title 37, United States Code, or in section
613(a)(2) of the National Defense Authorization Act, Fiscal Year 1989
(37 U.S.C. 302 note), who, during the period beginning on October 1,
1993, and ending on the date of the enactment of this Act, would have
qualified for an agreement described in paragraph (3) had the amendments
made by subsections (a) and (g) taken effect on October 1, 1993.
(3) An agreement referred to in this subsection is a service
agreement with the Secretary concerned that is a condition for the
payment of a retention bonus under section 301b of title 37, United
States Code, or special pay under section 613 of the National Defense
Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note).
(4) For purposes of this subsection, the term ``Secretary
concerned'' has the meaning given that term in section 101(5) of title
37, United States Code.
Subtitle C--Travel and Transportation Allowances
SEC. 621. REIMBURSEMENT OF TEMPORARY LODGING EXPENSES.
(a) Periods Covered.--Subsection (a) of section 404a of title 37,
United States Code, is amended--
(1) in the second sentence, by striking out ``four days'' and
inserting in lieu thereof ``10 days''; and
(2) in the third sentence, by striking out ``two days'' and
inserting in lieu thereof ``five days''.
(b) Repeal of Superseded Authority.--Subsection (d) of such sec
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tion
is repealed.
(c) Effective Date.--The amendments made by this section shall take
effect on April 1, 1994.
SEC. 622. PAYMENT OF LOSSES INCURRED OR COLLECTION OF GAINS REALIZED
DUE TO FLUCTUATIONS IN FOREIGN CURRENCY IN CONNECTION WITH HOUSING
MEMBERS IN PRIVATE HOUSING ABROAD.
(a) Payment or Collection Authorized.--Section 405(d) of title 37,
United States Code, is amended to read as follows:
``(d)(1) In the case of a member of the uniformed services
authorized to receive a per diem allowance under subsection (a), the
Secretary concerned may make a lump-sum payment for nonrecurring
expenses--
``(A) incurred by the member in occupying private housing
outside of the United States; and
``(B) authorized or approved under regulations prescribed by the
Secretary concerned.
``(2) Nonrecurring expenses for which a member may be reimbursed
under paragraph (1) may include losses sustained by the member on the
refund of a rental deposit (or other deposit made by the member to
secure housing) as a result of fluctuations in the relative value of the
currencies of the United States and the foreign country in which such
housing is located.
``(3) The Secretary concerned shall recoup the full amount of a
refunded deposit referred to in paragraph (2) that was paid by the
United States, including any gain resulting from a fluctuation in
currency values referred to in that paragraph.
``(4) Expenses for which payments are made under this subsection may
not be considered for purposes of determining the per diem allowance of
the member under subsection (a).''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall apply with respect to nonrecurring expenses and currency
fluctuation gains described in section 405(d) of title 37, United States
Code, that are incurred by members of the uniformed services on or after
October 1, 1993.
Subtitle D--Other Matters
SEC. 631. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES OF
ALLOWANCES.
(a) Expansion of Definition.--Section 401(a) of title 37, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) An unmarried person who--
``(A) is placed in the legal custody of the member as a
result of an order of a court of competent jurisdiction in the
United States (or Puerto Rico or a possession of the United
States) for a period of at least 12 consecutive months;
``(B) either--
``(i) has not attained the age of 21;
``(ii) has not attained the age of 23 years and is
enrolled in a full time course of study at an institution of
higher learning approved by the Secretary concerned; or
``(iii) is incapable of self support because of a mental
or physical incapacity that occurred while the person was
considered a dependent of the member or former member under
this paragraph pursuant to clause (i) or (ii);
``(C) is dependent on the member for over one-half of the
person's support;
``(D) resides with the member unless separated by the
necessity of military service or to receive institutional care
as a result of disability or incapacitation or under such other
circumstances as the Secretary concerned may by regulation
prescribe; and
``(E) is not a dependent of a member under any other
paragraph.''.
(b) Application of Amendment.--Section 401(a)(4) of title 37, United
States Code, as added by subsection (a), shall apply with respect to
determinations of dependency made on or after July 1, 1994.
SEC. 632. CLARIFICATION OF ELIGIBILITY FOR TUITION ASSISTANCE.
Section 2007 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Subsection (c)(3) may not be construed to prohibit the
Secretary of a military department from exercising any authority that
the Secretary may have to pay charges of an educational institution
(within the limits set forth in subsection (a)) in the case of--
``(1) a warrant officer on active duty or full-time National
Guard duty;
``(2) a commissioned officer on full-time National Guard duty;
or
``(3) a commissioned officer on active duty who satisfies the
condition in subsection (a)(3) relating to an agreement to remain on
active duty.''.
SEC. 633. SENSE OF CONGRESS REGARDING THE PROVISION OF EXCESS LEAVE
AND PERMISSIVE TEMPORARY DUTY FOR MEMBERS FROM OUTSIDE THE
CONTINENTAL UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should ensure that a member of the Armed Forces
whose home of record is outside the continental United States and who is
stationed inside the continental United States at the time of the
separation of the member will be eligible to receive the same amount of
excess leave or permissive temporary duty under section 1149 of title
10, United States Code, as a member who is stationed overseas.
(b) Definition.--For purposes of this section, the term
``continental United States'' means the 48 contiguous States and the
District of Columbia.
SEC. 634. SPECIAL PAY FOR CERTAIN DISABLED MEMBERS.
(a) Special Pay for Certain Disabled Members.--A person who has a
service-connected disability rated as total may be paid special pay
under this section if the person is entitled to emergency officers',
regular, or reserve retirement pay based solely on--
(1) the person's age;
(2) the length of the person's service in the uniformed
services; or
(3) both the person's age and the length of such service.
(b) Amount of Special Pay.--The amount of special pay that may be
paid a person under subsection (a) for any month may not exceed the
monthly amount of the compensation that is paid such person under laws
administered by the Secretary of Veterans Affairs.
(c) Funding.--The cost of the special pay authorized to be paid
under this section shall be paid out of funds available to the
Department of Defense for travel of personnel of the Department of
Defense in positions within the Office of the Secretary of Defense, the
Office of the Secretary of the Army, the Office of the Secretary of the
Navy, and the Office of the Secretary of the Air Force.
(d) Definitions.--In this section, the terms ``compensation'' and
``service-connected'' have the meanings given such terms in section 101
of title 38, United States Code.
(e) Effective Date.--(1) Except as provided in paragraph (2), this
section shall take effect on January 1, 1994.
(2) This section shall not take effect if, before January 1, 1994,
the Secretary of Defense submits to the Committees on Armed Services of
the Senate and House of Representatives the report required by section
641 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2424).
(f) Applicability.--(1) Except as provided in paragraph (2), this
section shall apply to months that begin on or after the effective date
of this section.
(2) This section shall not be effective for months that begin after
September 30, 1994.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. PRIMARY AND PREVENTIVE HEALTH CARE SERVICES FOR WOMEN.
(a) Female Members and Retirees of the Uniformed Services.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1074c the following new section:
``§1074d. Primary and preventive health care services for women
``(a) Services Available.--Female members and former members of the
uniformed services entitled to medical care under section 1074 or 1074a
of this title shall also be entitled to primary and preventive health
care services for women as part of such medical care.
``(b) Definition.--In this section, the term `primary
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and preventive
health care services for women' means health care services, including
related counseling services, provided to women with respect to the
following:
``(1) Papanicolaou tests (pap smear).
``(2) Breast examinations and mammography.
``(3) Comprehensive obstetrical and gynecological care,
including care related to pregnancy and the prevention of pregnancy.
``(4) Infertility and sexually transmitted diseases, including
prevention.
``(5) Menopause, including hormone replacement therapy and
counseling regarding the benefits and risks of hormone replacement
therapy.
``(6) Physical or psychological conditions arising out of acts
of sexual violence.
``(7) Gynecological cancers.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074c the
following new item:
``1074d. Primary and preventive health care services for women.''.
(b) Female Dependents.--Section 1077(a) of such title is amended by
adding at the end the following new paragraph:
``(13) Primary and preventive health care services for women (as
defined in section 1074d(b) of this title).''.
SEC. 702. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES OF
HEALTH BENEFITS.
(a) Expansion of Definition.--Section 1072(2) of title 10, United
States Code, is amended--
(1) in subparagraph (G), by striking out ``; and'' and inserting
in lieu thereof a semicolon;
(2) in subparagraph (H), by striking out the period and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) an unmarried person who--
``(i) is placed in the legal custody of the member or
former member as a result of an order of a court of
competent jurisdiction in the United States (or a Territory
or possession of the United States) for a period of at least
12 consecutive months;
``(ii) either--
``(I) has not attained the age of 21;
``(II) has not attained the age of 23 and is
enrolled in a full time course of study at an
institution of higher learning approved by the
administering Secretary; or
``(III) is incapable of self support because of a
mental or physical incapacity that occurred while the
person was considered a dependent of the member or
former member under this subparagraph pursuant to
subclause (I) or (II);
``(iii) is dependent on the member or former member for
over one-half of the person's support;
``(iv) resides with the member or former member unless
separated by the necessity of military service or to receive
institutional care as a result of disability or
incapacitation or under such other circumstances as the
administering Secretary may by regulation prescribe; and
``(v) is not a dependent of a member or a former member
under any other subparagraph.''.
(b) Application of Amendment.--Section 1072(2)(I) of title 10,
United States Code, as added by subsection (a), shall apply with respect
to determinations of dependency made on or after July 1, 1994.
SEC. 703. AUTHORIZATION TO EXPAND ENROLLMENT IN THE DEPENDENTS'
DENTAL PROGRAM TO CERTAIN MEMBERS RETURNING FROM OVERSEAS
ASSIGNMENTS.
(a) Authority To Expand Program.--After March 31, 1994, the
Secretary of Defense may expand the dependents' dental program
established under section 1076a of title 10, United States Code, to
permit a member of the uniformed services described in subsection (b) to
enroll dependents described in subsection (a) of such section in a
dental benefits plan under the program without regard to the length of
the uncompleted portion of the member's period of obligated service.
(b) Covered Members.--A member referred to in subsection (a) is a
member of the uniformed services who is--
(1) on active duty for a period of more than 30 days (as defined
in section 101(d)(2) of title 10, United States Code); and
(2) reassigned from a permanent duty station where a dental
benefits plan under the dependents' dental program is not available
to a permanent duty station where such a plan is available.
(c) Report on Advisability of Expansion.--Not later than February
28, 1994, the Secretary shall submit to Congress a report evaluating the
advisability of expanding the enrollment eligibility of members of the
uniformed services in the dependents' dental program in the manner
authorized in subsection (a). The report shall include an analysis of
the cost implications for such an expansion to the Federal Government,
beneficiaries under the dependents' dental program, and contractors
under the program.
(d) Notification of Exercise of Authority.--The Secretary shall
notify Congress of any decision to expand the enrollment eligibility of
dependents in the dependents' dental program as provided in subsection
(a) not later than 30 days before such expansion takes effect.
SEC. 704. AUTHORIZATION TO APPLY SECTION 1079 PAYMENT RULES FOR THE
SPOUSE AND CHILDREN OF A MEMBER WHO DIES WHILE ON ACTIVE DUTY.
(a) Authority To Use Section 1079 Payment Rules.--In the case of a
dependent described in subsection (b) of a member of a uniformed service
who died while on active duty for a period of more than 30 days, the
administering Secretary may apply the payment provisions set forth in
section 1079(b) of title 10, United States Code (in lieu of the payment
provisions set forth in section 1086(b) of such title), with respect to
health benefits received by the dependent under section 1086 of such
title in connection with an illness or medical condition for which the
dependent was receiving treatment under chapter 55 of such title at the
time of the death of the member.
(b) Eligible Dependents Described.--A dependent referred to in this
section is a dependent who--
(1) is the unremarried widow, unremarried widower, or child of a
member of a uniformed service who died on or after January 1, 1993,
while on active duty for a period of more than 30 days; and
(2) was a covered beneficiary under chapter 55 of title 10,
United States Code, at the time of the death of the member by reason
of being the spouse or child of the member.
(c) Period of Application of Special Payment Rule.--The special
payment rule authorized by subsection (a) for a dependent described in
subsection (b) shall expire upon the earlier of--
(1) the end of the one-year period beginning on the date of the
death of the member; and
(2) the termination of the illness or condition for which the
dependent was receiving treatment under chapter 55 of title 10,
United States Code, at the time of the death of the member.
(d) Definitions.--For purposes of this section, the term
``administering Secretary'' means--
(1) the Secretary of Defense, with respect to the Armed Forces
under the jurisdiction of the Secretary;
(2) the Secretary of Transportation, with respect to the Coast
Guard when the Coast Guard is not operating as a service in the
Navy; and
(3) the Secretary of Health and Human Services with respect to
the National Oceanic and Atmospheric Administration and the Public
Health Service.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
SEC. 711. CODIFICATION OF CHAMPUS PEER REVIEW ORGANIZATION PROGRAM
PROCEDURES.
Section 1079 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(o)(1) Health care services provided pursuant to this section or
section 1086 of this title (or pursuant to any other contract or project
under the Civil
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ian Health and Medical Program of the Uniformed Services)
may not include services determined under the CHAMPUS Peer Review
Organization program to be not medically or psychologically necessary.
``(2) The Secretary of Defense, after consulting with the other
administering Secretaries, may adopt or adapt for use under the CHAMPUS
Peer Review Organization program, as the Secretary considers
appropriate, any of the quality and utilization review requirements and
procedures that are used by the Peer Review Organization program under
part B of title XI of the Social Security Act (42 U.S.C. 1320c et
seq.).''.
SEC. 712. INCREASED FLEXIBILITY FOR PERSONAL SERVICE CONTRACTS IN
MILITARY MEDICAL TREATMENT FACILITIES.
(a) Personal Services Contracts Authorized.--(1) Section 1091 of
title 10, United States Code, is amended to read as follows:
``§1091. Personal services contracts
``(a) Authority.--The Secretary of Defense may enter into personal
services contracts to carry out health care responsibilities in medical
treatment facilities of the Department of Defense, as determined to be
necessary by the Secretary. The authority provided in this subsection is
in addition to any other contract authorities of the Secretary,
including authorities relating to the management of such facilities and
the administration of this chapter.
``(b) Limitation on Amount of Compensation.--In no case may the
total amount of compensation paid to an individual in any year under a
personal services contract entered into under subsection (a) exceed the
amount of annual compensation (excluding the allowances for expenses)
specified in section 102 of title 3.
``(c) Procedures.--(1) The Secretary shall establish by regulation
procedures for entering into personal services contracts with
individuals under subsection (a). At a minimum, such procedures shall
assure--
``(A) the provision of adequate notice of contract opportunities
to individuals residing in the area of the medical treatment
facility involved; and
``(B) consideration of interested individuals solely on the
basis of the qualifications established for the contract and the
proposed contract price.
``(2) Upon the establishment of the procedures under paragraph (1),
the Secretary may exempt contracts covered by this section from the
competitive contracting requirements specified in section 2304 of this
title or any other similar requirements of law.
``(d) Exceptions.--The procedures and exemptions provided under
subsection (c) shall not apply to personal services contracts entered
into under subsection (a) with entities other than individuals or to any
contract that is not an authorized personal services contract under
subsection (a).''.
(2) The item relating to section 1091 in the table of sections at
the beginning of chapter 55 of title 10, United States Code, is amended
to read as follows:
``1091. Personal services contracts.''.
(b) Report Required.--Not later than 30 days after the end of the
180-day period beginning on the date on which the Secretary of Defense
first uses the authority provided under section 1091 of title 10, United
States Code (as amended by subsection (a)(1)), the Secretary shall
submit to Congress a report specifying--
(1) the compensation, by medical specialty, provided by the
Secretary to individuals agreeing to enter into a personal services
contract under such section during that period;
(2) the extent to which the amounts of such compensation exceed
the amounts previously provided by the Secretary for individuals in
such medical specialties;
(3) the total number and medical specialties of individuals
serving in military medical treatment facilities during that period
pursuant to such a contract; and
(4) the number of such individuals (and their medical
specialties) who are receiving compensation under such a contract in
an amount in excess of the maximum amount authorized under such
section, as such section was in effect on the day before the date of
the enactment of this Act.
SEC. 713. EXPANSION OF THE PROGRAM FOR THE COLLECTION OF HEALTH CARE
COSTS FROM THIRD-PARTY PAYERS.
(a) Collection Changes.--Subsection (g) of section 1095 of title 10,
United States Code, is amended--
(1) by inserting after ``collected under this section from a
third party payer'' the following: ``or under any other provision of
law from any other payer''; and
(2) by inserting before the period the following: ``and shall
not be taken into consideration in establishing the operating budget
of the facility''.
(b) Definitions.--Subsection (h) of such section is amended--
(1) in paragraph (2), by inserting after ``includes'' the
following: ``a preferred provider organization and''; and
(2) by adding at the end the following new paragraph:
``(3) The term `health care services' includes products provided
or purchased through a facility of the uniformed services.''.
(c) Report on Collections.--Subsection (g) of such section (as
amended by subsection (a)) is further amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than February 15 of each year, the Secretary of
Defense shall submit to Congress a report specifying for each facility
of the uniformed services the amount credited to the facility under this
subsection during the preceding fiscal year.''.
SEC. 714. ALTERNATIVE RESOURCE ALLOCATION METHOD FOR MEDICAL
FACILITIES OF THE UNIFORMED SERVICES.
(a) Inclusion of Capitation Method.--Section 1101 of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``DRGs'' in the subsection heading and
inserting in lieu thereof ``Capitation or DRG Method''; and
(B) by inserting ``capitation or'' before ``diagnosis-
related groups'';
(2) in subsection (b), by striking out ``Diagnosis-related
groups'' and inserting in lieu thereof ``Capitation or diagnosis-
related groups''; and
(3) in subsection (c)--
(A) by striking out ``shall'' both places it appears and
inserting in lieu thereof ``may''; and
(B) by adding at the end the following new paragraph:
``(4) An appropriate method for calculating or estimating the
annual per capita costs of providing comprehensive health care
services to members of the uniformed services on active duty and
covered beneficiaries.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``§1101. Resource allocation methods: capitation or diagnosis-
related groups''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 55 of such title is amended to read as follows:
``1101. Resource allocation methods: capitation or diagnosis-related
groups.''.
SEC. 715. FEDERAL PREEMPTION REGARDING CONTRACTS FOR MEDICAL AND
DENTAL CARE.
(a) Preemption.--Section 1103 of title 10, United States Code, is
amended to read as follows:
``§1103. Contracts for medical and dental care: State and local
preemption
``(a) Occurrence of Preemption.--A law or regulation of a State or
local government relating to health insurance, prepaid health plans, or
other health care delivery or financing methods shall not apply to any
contract entered into pursuant to this chapter by the Secretary of
Defense or the administering Secretaries to the extent that the
Secretary of Defense or the administering Secretaries determine that--
``(1) the State or local law or regulation is inconsistent with
a specific provision of the contract or a regulation promulgated by
the Secretary of Defense or the administering Secretaries pursuant
to this chapter; or
``(2) the preemption of the State or local law or regulati
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on is
necessary to implement or administer the provisions of the contract
or to achieve any other important Federal interest.
``(b) Effect of Preemption.--In the case of the preemption under
subsection (a) of a State or local law or regulation regarding financial
solvency, the Secretary of Defense or the administering Secretaries
shall require an independent audit of the prime contractor of each
contract that is entered into pursuant to this chapter and covered by
the preemption. The audit shall be performed by the Defense Contract
Audit Agency.
``(c) State Defined.--In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and each Territory and possession of
the United States.''.
(b) Application of Amendment.--Section 1103 of title 10, United
States Code, as amended by subsection (a), shall apply with respect to
any contract entered into under chapter 55 of such title before, on, or
after the date of the enactment of this Act.
SEC. 716. SPECIALIZED TREATMENT FACILITY PROGRAM AUTHORITY AND
ISSUANCE OF NONAVAILABILITY OF HEALTH CARE STATEMENTS.
(a) Authority.--(1) Section 1105 of title 10, United States Code, is
amended to read as follows:
``§1105. Specialized treatment facility program
``(a) Program Authorized.--The Secretary of Defense may conduct a
specialized treatment facility program pursuant to regulations
prescribed by the Secretary of Defense. The Secretary shall consult with
the other administering Secretaries in prescribing regulations for the
program and in conducting the program.
``(b) Facilities Authorized To Be Used.--Under the specialized
treatment facility program, the Secretary may designate health care
facilities of the uniformed services and civilian health care facilities
as specialized treatment facilities.
``(c) Waiver of Nonemergency Health Care Restriction.--Under the
specialized treatment facility program, the Secretary may waive, with
regard to the provision of a particular service, the 40-mile radius
restriction set forth in section 1079(a)(7) of this title if the
Secretary determines that the use of a different geographical area
restriction will result in a more cost-effective provision of the
service.
``(d) Civilian Facility Service Area.--For purposes of the
specialized treatment facility program, the service area of a civilian
health care facility designated pursuant to subsection (b) shall be
comparable in size to the service areas of facilities of the uniformed
services.
``(e) Issuance of Nonavailability of Health Care Statements.--A
covered beneficiary who resides within the service area of a specialized
treatment facility designated under the specialized treatment facility
program may be required to obtain a nonavailability of health care
statement in the case of a specialized service offered by the facility
in order for the covered beneficiary to receive the service outside of
the program.
``(f) Payment of Costs Related to Care in Specialized Treatment
Facilities.--(1) Subject to paragraph (2), in connection with the
treatment of a covered beneficiary under the specialized treatment
facility program, the Secretary may provide the following benefits:
``(A) Full or partial reimbursement of a member of the uniformed
services for the reasonable expenses incurred by the member in
transporting a covered beneficiary to or from a health care facility
of the uniformed services or a civilian health care facility at
which specialized health care services are provided pursuant to this
chapter.
``(B) Full or partial reimbursement of a person (including a
member of the uniformed services) for the reasonable expenses of
transportation, temporary lodging, and meals (not to exceed a per
diem rate determined in accordance with implementing regulations)
incurred by such person in accompanying a covered beneficiary as a
nonmedical attendant to a health care facility referred to in
subparagraph (A).
``(C) In-kind transportation, lodging, or meals instead of
reimbursements under subparagraph (A) or (B) for transportation,
lodging, or meals, respectively.
``(2) The Secretary may make reimbursements for or provide
transportation, lodging, and meals under paragraph (1) in the case of a
covered beneficiary only if the total cost to the Department of Defense
of doing so and of providing the health care in such case is less than
the cost to the Department of providing the health care to the covered
beneficiary by other means authorized under this chapter.
``(g) Covered Beneficiary Defined.--In this section, the term
`covered beneficiary' means a person covered under section 1079 or 1086
of this title.
``(h) Expiration of Program.--The Secretary may not carry out the
specialized treatment facility program authorized by this section after
September 30, 1995.''.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by striking out the item relating to section 1105 and
inserting in lieu thereof the following:
``1105. Specialized treatment facility program.''.
(b) Clarification of Determination To Issue Nonavailability of
Health Care Statements.--(1) Section 1080 of title 10, United States
Code, is amended--
(A) by inserting ``(a) Election.--'' before ``A dependent''; and
(B) by adding at the end the following new subsection:
``(b) Issuance of Nonavailability of Health Care Statements.--In
determining whether to issue a nonavailability of health care statement
for a dependent described in subsection (a), the commanding officer of a
facility of the uniformed services may consider the availability of
health care services for the dependent pursuant to any contract or
agreement entered into under this chapter for the provision of health
care services.''.
(2) Section 1086(e) of such title is amended by adding at the end
the following new sentence: ``In addition, section 1080(b) of this title
shall apply in making the determination whether to issue a
nonavailability of health care statement for a person covered by this
section.''.
(c) Conforming Amendment.--Section 1079(a)(7) of title 10, United
States Code, is amended by striking out ``except that--'' and all
that follows through the semicolon at the end of subparagraph (B) and
inserting in lieu thereof the following: ``except that those services
may be provided in any case in which another insurance plan or program
provides primary coverage for those services;''.
SEC. 717. DELAY OF TERMINATION AUTHORITY REGARDING STATUS OF CERTAIN
FACILITIES AS UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Termination Authority.--Section 1252(e) of the Department of
Defense Authorization Act, 1984 (42 U.S.C. 248d(e)) is amended by
striking out ``December 31, 1993'' in the first sentence and inserting
in lieu thereof ``December 31, 1996''.
(b) Evaluation of DOD-USTF Participation Agreements.--(1) The
Comptroller General of the United States and the Director of the
Congressional Budget Office shall jointly prepare a report evaluating
the participation agreements entered into between Uniformed Services
Treatment Facilities and the Secretary of Defense under the authority of
section 718(c) of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1587).
(2) The report required under this subsection shall include an
evaluation of the following:
(A) The cost-effectiveness of the agreements compared to other
components of the military health care delivery system, including
the Civilian Health and Medical Program of the Uniformed Services.
(B) The impact of the agreements, during the four-year term of
the agreements, on the budget and expenditures of the Department of
Defense for health care programs.
(C) The cost and other implications of terminating the
agreements before their expiration.
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(D) The health care services available through the Uniformed
Services Treatment Facilities under the agreements compared to the
health care services available through other components of the
military health care delivery system.
(E) The beneficiary cost-sharing requirements of the Uniformed
Services Treatment Facilities under the agreements compared to the
beneficiary cost-sharing requirements of other components of the
military health care delivery system.
(3) The report required under this subsection shall be submitted to
Congress not later than six months after the date of the enactment of
this Act.
(4) For purposes of this subsection:
(A) The term ``Uniformed Services Treatment Facilities'' means
those facilities described in section 911(a) of the Military
Construction Authorization Act, 1982 (42 U.S.C. 248c(a)).
(B) The term ``Civilian Health and Medical Program of the
Uniformed Services'' has the meaning given that term in section
1072(4) of title 10, United States Code.
SEC. 718. MANAGED-CARE DELIVERY AND REIMBURSEMENT MODEL FOR THE
UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Time for Operation of Managed-Care Delivery and Reimbursement
Model.--Subsection (c) of section 718 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1587) is amended--
(1) by striking out the first sentence; and
(2) by inserting before the second sentence the following:
``(1) Time for operation.--Not later than the date of the
enactment of this Act, the Secretary of Defense shall begin
operation of a managed-care delivery and reimbursement model that
will continue to utilize the Uniformed Services Treatment Facilities
in the military health services system.''.
(b) Copayments, Evaluation, and Definition.--Such subsection is
further amended by adding at the end the following new paragraphs:
``(2) Copayments.--A Uniformed Services Treatment Facility for
which there exists a managed-care plan developed as part of the
model required by this subsection may impose reasonable charges for
inpatient and outpatient care provided to all categories of
beneficiaries enrolled in the plan. The schedule and application of
such charges shall be in accordance with the terms and conditions
specified in the plan.
``(3) Evaluation of performance under the model.--(A) The
Secretary of Defense shall utilize a federally funded research and
development center to conduct an independent evaluation of the
performance of each Uniformed Services Treatment Facility operating
under a managed-care plan developed as part of the model required by
this subsection. The evaluation shall include an assessment of the
efficiency of the Uniformed Services Treatment Facility in providing
health care under the plan. The assessment shall be made in the same
manner as provided in section 712(a) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1073 note) for
expansion of the CHAMPUS reform initiative.
``(B) Not later than December 31, 1995, the center conducting
the evaluation and assessment shall submit to the Secretary of
Defense and to Congress a report on the results of the evaluation
and assessment. The report shall include such recommendations
regarding the managed-care delivery and reimbursement model under
this subsection as the entity considers to be appropriate.
``(4) Definition.--For purposes of this subsection, the term
`Uniformed Services Treatment Facility' means a facility described
in section 911(a) of the Military Construction Authorization Act,
1982 (42 U.S.C. 248c(a)).''.
SEC. 719. FLEXIBLE DEADLINE FOR CONTINUATION OF CHAMPUS REFORM
INITIATIVE IN HAWAII AND CALIFORNIA.
Section 713(b)(1) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is amended by
striking out ``not later than August 1, 1993.'' and inserting in lieu
thereof ``as soon as practicable after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1994.''.
SEC. 720. CLARIFICATION OF CONDITIONS ON EXPANSION OF CHAMPUS REFORM
INITIATIVE TO OTHER LOCATIONS.
(a) In General.--Subsection (a) of section 712 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 1073 note) is amended--
(1) by inserting ``(1)'' after ``Condition.--'';
(2) in the second sentence, by inserting after ``cost-
effectiveness of the initiative'' the following: ``(while assuring
that the combined cost of care in military treatment facilities and
under the Civilian Health and Medical Program of the Uniformed
Services will not be increased as a result of the expansion)''; and
(3) by adding at the end the following new paragraph:
``(2) To the extent any revision of the CHAMPUS reform initiative is
necessary in order to make the certification required by this
subsection, the Secretary shall assure that enrolled covered
beneficiaries may obtain health care services with reduced out-of-pocket
costs, as compared to standard CHAMPUS.''.
(b) Definition.--Subsection (d) of such section is amended by adding
at the end the following new paragraph:
``(3) The terms `Civilian Health and Medical Program of the
Uniformed Services' and `CHAMPUS' have the meaning given the term
`Civilian Health and Medical Program of the Uniformed Services' in
section 1072(4) of title 10, United States Code.''.
SEC. 721. REPORT REGARDING DEMONSTRATION PROGRAMS FOR THE SALE OF
PHARMACEUTICALS.
Section 702 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 10 U.S.C. 1079 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Additional Report Regarding Programs.--Not later than January
1, 1994, the Secretary of Defense shall submit to Congress a report
containing--
``(1) an evaluation of the feasibility and advisability of
increasing the size of those areas determined by the Secretary under
subsection (c)(2) to be adversely affected by the closure of a
health care facility of the uniformed services in order to increase
the number of persons described in such subsection who will be
eligible to participate in the demonstration project for
pharmaceuticals by mail or in the retail pharmacy network under this
section;
``(2) an evaluation of the feasibility and advisability of
expanding the demonstration project and the retail pharmacy network
under this section to include all covered beneficiaries under
chapter 55 of title 10, United States Code, including those persons
currently excluded from participation in the Civilian Health and
Medical Program of the Uniformed Services by operation of section
1086(d)(1) of such title;
``(3) an estimation of the costs that would be incurred, and any
savings that would be achieved by improving efficiencies of
operation, as a result of undertaking the increase or expansion
described in paragraph (1) or (2); and
``(4) such recommendations as the Secretary considers to be
appropriate.''.
Subtitle C--Other Matters
SEC. 731. USE OF HEALTH MAINTENANCE ORGANIZATION MODEL AS OPTION FOR
MILITARY HEALTH CARE.
(a) Use of Model.--The Secretary of Defense shall prescribe and
implement a health benefit option (and accompanying cost-sharing
requirements) for covered beneficiaries eligible for health care under
chapter 55 of title 10, United States Code, that is modelled on health
maintenance organization plans offered in the private sector and other
similar Government health insurance programs. The Secretary shall
include, to the maximum extent
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practicable, the health benefit option
required under this subsection as one of the options available to
covered beneficiaries in all managed health care initiatives undertaken
by the Secretary after the date of the enactment of this Act.
(b) Elements of Option.--The Secretary shall offer covered
beneficiaries who enroll in the health benefit option required under
subsection (a) reduced out-of-pocket costs and a benefit structure that
is as uniform as possible throughout the United States. The Secretary
shall allow enrollees to seek health care outside of the option, except
that the Secretary may prescribe higher out-of-pocket costs than are
provided under section 1079 or 1086 of title 10, United States Code, for
enrollees who obtain health care outside of the option.
(c) Government Costs.--The health benefit option required under
subsection (a) shall be administered so that the costs incurred by the
Secretary under each managed health care initiative that includes the
option are no greater than the costs that would otherwise be incurred to
provide health care to the covered beneficiaries who enroll in the
option.
(d) Covered Beneficiary Defined.--For purposes of this section, the
term ``covered beneficiary'' means a beneficiary under chapter 55 of
title 10, United States Code, other than a beneficiary under section
1074(a) of such title.
(e) Regulations.--Not later than February 1, 1994, the Secretary
shall prescribe final regulations to implement the health benefit option
required by subsection (a).
SEC. 732. CLARIFICATION OF AUTHORITY FOR GRADUATE STUDENT PROGRAM OF
THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
(a) Distinction Between Medical and Graduate Students.--Section 2114
of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``Students'' in the first
sentence and inserting in lieu thereof ``Medical students'';
(2) in subsection (b), by striking out ``Students'' both places
it appears and inserting in lieu thereof ``Medical students'';
(3) in subsection (d)--
(A) by striking out ``member of the program'' in the first
sentence and inserting in lieu thereof ``medical student''; and
(B) by striking out ``any such member'' in the second
sentence both places it appears and inserting in lieu thereof
``any such student''; and
(4) by adding at the end the following new subsection:
``(g) The Secretary of Defense shall establish such selection
procedures, service obligations, and other requirements as the Secretary
considers appropriate for graduate students (other than medical
students) in a postdoctoral, postgraduate, or technological institute
established pursuant to section 2113(h) of this title.''.
(b) Application of Amendments.--The amendments made by subsection
(a) shall apply with respect to students attending the Uniformed
Services University of the Health Sciences on or after the date of the
enactment of this Act.
SEC. 733. AUTHORITY FOR THE ARMED FORCES INSTITUTE OF PATHOLOGY TO
OBTAIN ADDITIONAL DISTINGUISHED PATHOLOGISTS AND SCIENTISTS.
Section 176(c) of title 10, United States Code, is amended by adding
at the end the following new sentence: ``The Secretary of Defense, on a
case-by-case basis, may waive the limitation on the number of
distinguished pathologists or scientists with whom agreements may be
entered into under this subsection if the Secretary determines that such
waiver is in the best interest of the Department of Defense.''.
SEC. 734. AUTHORIZATION FOR AUTOMATED MEDICAL RECORD CAPABILITY TO
BE INCLUDED IN MEDICAL INFORMATION SYSTEM.
(a) Automated Medical Record Capability.--In carrying out the
acquisition of the Department of Defense medical information system
referred to in section 704 of the National Defense Authorization Act for
Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3900), the Secretary of
Defense may permit an automated medical record capability to be included
in the system. The Secretary may make such modifications to existing
contracts, and include such specifications in future contracts, as the
Secretary considers necessary to include such a capability in the
system.
(b) Plan.--The Secretary of Defense shall develop a plan to test the
use of automated medical records at one or more military medical
treatment facilities. Not later than January 15, 1994, the Secretary
shall submit the plan to the Committees on Armed Services of the Senate
and House of Representatives.
(c) Definitions.--For purposes of this section:
(1) The term ``medical information system'' means a computer-
based information system that--
(A) receives data normally recorded concerning patients;
(B) creates and maintains from such data a computerized
medical record for each patient; and
(C) provides access to data for patient care, hospital
administration, research, and medical care resource planning.
(2) The term ``automated medical record'' means a computer-based
information system that--
(A) is available at the time and place of interaction
between a patient and a health care provider;
(B) receives, stores, and provides access to relevant
patient and other medical information in a single, logical
patient record that is appropriately organized for clinical
decisionmaking; and
(C) maintains patient confidentiality in conformance with
all applicable laws and regulations.
SEC. 735. REPORT ON THE PROVISION OF PRIMARY AND PREVENTIVE HEALTH
CARE SERVICES FOR WOMEN.
(a) Report Required.--The Secretary of Defense shall prepare a
report evaluating the provision of primary and preventive health care
services through military medical treatment facilities and the Civilian
Health and Medical Program of the Uniformed Services to female members
of the uniformed services and female covered beneficiaries eligible for
health care under chapter 55 of title 10, United States Code.
(b) Contents.--The report required by subsection (a) shall contain
the following:
(1) A description of the number and types of health care
providers who are providing health care services in military medical
treatment facilities or through the Civilian Health and Medical
Program of the Uniformed Services to female members and female
covered beneficiaries.
(2) A description of the health care programs implemented (or
planned) by the administering Secretaries to assess the health needs
of women or to meet the special health needs of women.
(3) A description of the demographics of the population of
female members and female covered beneficiaries and the leading
categories of morbidity and mortality among such members and
beneficiaries.
(4) A description of any actions, including the use of special
pays and incentives, undertaken by the Secretary during fiscal year
1993--
(A) to ensure the retention of health care providers who are
providing health care services to female members and female
covered beneficiaries;
(B) to recruit additional health care providers to provide
such health care services; and
(C) to replace departing health care providers who provided
such health care services.
(5) A description of any existing or proposed programs to
encourage specialization of health care providers in fields related
to primary and preventive health care services for women.
(6) An assessment of any difficulties experienced by military
medical treatment facilities or health care providers under the
Civilian Health and Medical Program of the Uniformed Services in
furnishing primary and preventive health care services for women and
a description of the actions taken by the Secretary to resolve such
difficulties.
(7) A description of the
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actions taken by the Secretary to
foster and encourage the expansion of research relating to health
care issues of concern to female members of the uniformed services
and female covered beneficiaries.
(c) Study of the Needs of Female Members and Female Covered
Beneficiaries for Health Care Services.--(1) As part of the report
required by subsection (a), the Secretary shall conduct a study to
determine the needs of female members of the uniformed services and
female covered beneficiaries for health care services, including primary
and preventive health care services for women.
(2) The study shall examine the health care needs of current female
members and female covered beneficiaries and anticipated future female
members and female covered beneficiaries, taking into consideration the
anticipated size and composition of the Armed Forces in the year 2000
and the demographics of the entire United States.
(d) Submission and Revision.--The Secretary shall submit to Congress
the report required by subsection (a) not later than October 1, 1994.
The Secretary shall revise and resubmit the report to Congress not later
than October 1, 1999.
(e) Definitions.--For purposes of this section:
(1) The term ``primary and preventive health care services for
women'' has the meaning given that term in section 1074d(b) of title
10, United States Code, as added by section 701(a)).
(2) The term ``covered beneficiary'' has the meaning given that
term in section 1072(5) of such title.
SEC. 736. INDEPENDENT STUDY OF CONDUCT OF MEDICAL STUDY BY ARCTIC
AEROMEDICAL LABORATORY, LADD AIR FORCE BASE, ALASKA.
(a) Requirement for Study.--The Secretary of Defense shall provide,
in accordance with this section, for an independent study of the conduct
of a series of medical studies performed during or prior to 1957 by the
Air Force Arctic Aeromedical Laboratory, Ladd Air Force Base, Alaska.
The series of medical studies referred to in the preceding sentence was
designed to study thyroid activity in men exposed to cold and involved
the administration of a radioactive isotope (Iodine 131) to certain
Alaska Natives.
(b) Conduct of Required Study.--The independent study required by
subsection (a) shall be conducted by the Institute of Medicine of the
National Academy of Sciences or a similar organization. The study shall,
at a minimum, include the consideration of the following matters:
(1) Whether the series of medical studies referred to in
subsection (a) was conducted in accordance with generally accepted
guidelines for the use of human participants in medical
experimentation.
(2) Whether Iodine 131 dosages in the series of medical studies
were administered in accordance with radiation exposure standards
generally accepted as of 1957 and with radiation exposure standards
generally accepted as of 1993.
(3) The guidelines that should have been followed in the conduct
of the series of medical studies, including guidelines regarding
notification of participants about any possible risks.
(4) Whether subsequent studies of the participants should have
been provided for and conducted to determine whether any
participants suffered long term ill effects of the administration of
Iodine 131 and, in the case of such ill effects, needed medical care
for such effects.
(c) Direct or Indirect DOD Involvement.--The Secretary may provide
for the conduct of the independent study required by subsection (a)
either--
(1) by entering into an agreement with an independent
organization referred to in subsection (b) to conduct the study; or
(2) by transferring to the Secretary of the Interior, the
Secretary of Health and Human Services, or the head of another
department or agency of the Federal Government the funds necessary
to carry out the study in accordance with subsection (b).
(d) Report.--The Secretary of Defense or the head of the department
or agency of the Federal Government who provides for carrying out the
independent study required by subsection (a), as the case may be, shall
submit to Congress a report on the results of the study, including the
matters referred to in subsection (b).
SEC. 737. AVAILABILITY OF REPORT REGARDING THE CHAMPUS CHIROPRACTIC
DEMONSTRATION.
(a) Availability of Report.--Subject to subsection (b), the
Secretary of Defense shall make available to interested persons upon
request the report prepared by the Secretary evaluating the chiropractic
demonstration that was conducted under the Civilian Health and Medical
Program of the Uniformed Services and completed on March 31, 1992. The
Secretary shall include with the report all data and analyses related to
the demonstration.
(b) Charges.--The cost of making the report and related information
available under subsection (a) shall be borne by the recipients at the
discretion of the Secretary.
SEC. 738. SENSE OF CONGRESS REGARDING THE PROVISION OF ADEQUATE
MEDICAL CARE TO COVERED BENEFICIARIES UNDER THE MILITARY MEDICAL
SYSTEM.
(a) Sense of Congress.--In order to provide covered beneficiaries
under chapter 55 of title 10, United States Code, especially retired
military personnel, with greater access to health care in medical
facilities of the uniformed services, it is the sense of Congress that
the Secretary of Defense should encourage the increased use in such
facilities of physicians, dentists, or other health care professionals
who are members of the reserve components of the Armed Forces and who
are performing active duty, full-time National Guard duty, or inactive-
duty training, if service in such facilities is consistent with the
other military training requirements of these members.
(b) Definitions.--For purposes of this section:
(1) The term ``retired military personnel'' means persons who
are eligible for health care in medical facilities of the uniformed
services under section 1074(b) of title 10, United States Code.
(2) The terms ``active duty'', ``full-time National Guard
duty'', and ``inactive-duty training'' have the meanings given such
terms in section 101(d) of such title.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Defense Technology and Industrial Base, Reinvestment and
Conversion
SEC. 801. INDUSTRIAL PREPAREDNESS MANUFACTURING TECHNOLOGY PROGRAM.
(a) Program Authorized.--(1) Subchapter IV of chapter 148 of title
10, United States Code, is amended by adding at the end the following
new section:
``§2525. Industrial Preparedness Manufacturing Technology Program
``The Secretary of Defense shall establish an Industrial
Preparedness Manufacturing Technology program to enhance the capability
of industry to meet the manufacturing needs of the Department of
Defense.''.
(2) The table of sections at the beginning of subchapter IV of such
chapter is amended by adding at the end the following:
``2525. Industrial Preparedness Manufacturing Technology Program.''.
(b) Funding.--Of the amounts authorized to be appropriated under
section 201(d), $112,500,000 shall be available for the Industrial
Preparedness Manufacturing Technology Program under section 2525 of
title 10, United States Code, as added by subsection (a).
SEC. 802. UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM.
(a) Establishment.--The Secretary of Defense, through the Director
of Defense Research and Engineering, shall establish a University
Research Initiative Support Program.
(b) Purpose.--Under the program, the Director shall award grants and
contracts to eligible institutions of higher education to support the
conduct of research and development relevant to requirements of the
Department of Defense.
(c) Eligibility.--An institution of higher education is eligible for
a grant or contract under the program if the institution has received
less than a
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total of $2,000,000 in grants and contracts from the
Department of Defense in the two fiscal years before the fiscal year in
which the institution submits a proposal for such grant or contract.
(d) Competition Required.--The Director shall use competitive
procedures in awarding grants and contracts under the program.
(e) Selection Process.--In awarding grants and contracts under the
program, the Director shall use a merit-based selection process that is
consistent with the provisions of section 2361(a) of title 10, United
States Code. Such selection process shall require that each person
selected to participate in such a merit-based selection process be a
member of the faculty or staff of an institution of higher education
that is a member of the National Association of State Universities and
Land Grant Colleges or the American Association of State Colleges and
Universities.
(f) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Director shall prescribe regulations for
carrying out the program.
(g) Funding.--Of the amounts authorized to be appropriated under
section 201, $20,000,000 shall be available for the University Research
Initiative Support Program.
SEC. 803. OPERATING COMMITTEE OF THE CRITICAL TECHNOLOGIES
INSTITUTE.
Section 822(c) of the National Defense Authorization Act for Fiscal
Year 1991 (42 U.S.C. 6686(c)) is amended to read as follows:
``(c) Operating Committee.--(1) The Institute shall have an
Operating Committee composed of six members as follows:
``(A) The Director of the Office of Science and Technology
Policy, who shall chair the committee.
``(B) The Director of the National Institutes of Health.
``(C) The Under Secretary of Commerce for Technology.
``(D) The Director of the Advanced Research Projects Agency.
``(E) The Director of the National Science Foundation.
``(F) The Under Secretary of Energy having responsibility for
science and technology matters.
``(2) The Operating Committee shall meet not less than four times
each year.''.
Subtitle B--Acquisition Assistance Programs
SEC. 811. CONTRACT GOAL FOR DISADVANTAGED SMALL BUSINESSES AND
CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
(a) Scope of Reference to Historically Black Colleges and
Universities.--Subparagraph (B) of section 2323(a)(1) of title 10,
United States Code, is amended to read as follows:
``(B) historically Black colleges and universities, including
any nonprofit research institution that was an integral part of such
a college or university before November 14, 1986;''.
(b) Definition of Minority Institution.--Subparagraph (C) of section
2323(a)(1) of title 10, United States Code, is amended to read as
follows:
``(C) minority institutions (as defined in section 1046(3) of
the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)), which, for
the purposes of this section, shall include Hispanic-serving
institutions (as defined in section 316(b)(1) of such Act (20 U.S.C.
1059c(b)(1)).''.
(c) Award Eligibility.--Section 2323(f)(2) of title 10, United
States Code, is amended to read as follows:
``(2) The Secretary of Defense shall prescribe regulations that
prohibit awarding a contract under this section to an entity described
in subsection (a)(1) unless the entity agrees to comply with the
requirements of section 15(o)(1) of the Small Business Act (15 U.S.C.
644(o)(1)).''.
(d) Implementing Regulations.--(1) The Secretary of Defense shall
propose amendments to the Department of Defense Supplement to the
Federal Acquisition Regulation that address the matters described in
subsection (g) and subsection (h)(2) of section 2323 of title 10, United
States Code.
(2) Not later than 15 days after the date of the enactment of this
Act, the Secretary shall publish such proposed amendments in accordance
with section 22 of the Office of Federal Procurement Policy Act (41
U.S.C. 418b). The Secretary shall provide a period of at least 60 days
for public comment on the proposed amendments.
(3) The Secretary shall publish the final regulations not later than
120 days after the date of the enactment of this Act.
(e) Information on Progress in Providing Infrastructure Assistance
Required in Annual Report.--Section 2323(i)(3) of title 10, United
States Code, is amended by adding at the end the following:
``(D) A detailed description of the infrastructure assistance
provided under subsection (c) during the preceding fiscal year and
of the plans for providing such assistance during the fiscal year in
which the report is submitted.''.
(f) Funding.--Of the amounts authorized to be appropriated for
fiscal year 1994 pursuant to title II of this Act, $15,000,000 shall be
available for such fiscal year for infrastructure assistance to
historically Black colleges and universities and minority institutions
under section 2323(c)(3) of title 10, United States Code.
SEC. 812. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Procurement Technical Assistance Program Funding.--Of the amount
authorized to be appropriated in 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 amount made available pursuant to
subsection (a), $600,000 shall be available for fiscal year 1994 for the
purpose of carrying out programs sponsored by eligible entities referred
to in subparagraph (D) of section 2411(1) of title 10, United States
Code, that provide procurement technical assistance in distressed areas
referred to in subparagraph (B) of section 2411(2) of such title. If
there is an insufficient number of satisfactory proposals for
cooperative agreements in such distressed areas to allow for effective
use of the funds made available in accordance with this subsection in
such areas, the funds shall be allocated among the Defense Contract
Administration Services regions in accordance with section 2415 of such
title.
SEC. 813. PILOT MENTOR-PROTEGE PROGRAM FUNDING AND IMPROVEMENTS.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal year 1994 pursuant to title I of this Act, $50,000,000 shall be
available for conducting the pilot Mentor-Protege Program established
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note).
(b) Regulations.--(1) The fifth sentence of section 831(k) of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301
note) is amended to read as follows: ``The Department of Defense policy
regarding the pilot Mentor-Protege Program shall be published and
maintained as an appendix to the Department of Defense Supplement to the
Federal Acquisition Regulation.''.
(2) The Secretary of Defense shall ensure that, within 30 days after
the date of the enactment of this Act, the Department of Defense policy
regarding the pilot Mentor-Protege Program, as in effect on September
30, 1993, is incorporated into the Department of Defense Supplement to
the Federal Acquisition Regulation as an appendix. Revisions to such
policy (or any successor policy) shall be published and maintained in
such supplement as an appendix.
(c) Extension of Program Admissions.--Section 831(j)(1) of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301
note) is amended by striking out ``September 30, 1994'' and inserting in
lieu thereof ``September 30, 1995''.
Subtitle C--Provisions to Revise and Consolidate Certain Defense
Acquisition Laws
SEC. 821. REPEAL AND AMENDMENT OF OBSOLETE, REDUNDANT, OR OTHERWISE
UNNECESSARY LAWS APPLICABLE TO DEPARTMENT OF DEFENSE GENERALLY.
(a) Repeals.--The following provisions of law are repealed:
(1) Chapter 135 of title 10, United States Code (relating to
encouragement of aviation).
(2) Section 2317 of title 10, United States Code (relating
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to
encouragement of competition and cost savings).
(3) Section 2362 of title 10, United States Code (relating to
testing requirements for wheeled or tracked vehicles).
(4) Section 2389 of title 10, United States Code (relating to
purchases from the Commodity Credit Corporation and price
adjustments for contracts for procurement of milk).
(5) Sections 2436 and 2437 of title 10, United States Code
(relating to defense enterprise programs).
(6) Section 821 of Public Law 101-189 (103 Stat. 1503) (relating
to certificate of independent price determination in certain
Department of Defense contract solicitations).
(b) Deletion of Expiring Report Requirement.--Effective February 1,
1994, section 2361 of title 10, United States Code, is amended by
striking out subsection (c).
SEC. 822. EXTENSION TO DEPARTMENT OF DEFENSE GENERALLY OF CERTAIN
ACQUISITION LAWS APPLICABLE TO THE ARMY AND AIR FORCE.
(a) Industrial Mobilization.--(1) Subchapter V of chapter 148 of
title 10, United States Code, is amended by adding at the end the
following new sections:
``§2538. Industrial mobilization: orders; priorities; possession of
manufacturing plants; violations
``(a) Ordering Authority.--In time of war or when war is imminent,
the President, through the Secretary of Defense, may order from any
person or organized manufacturing industry necessary products or
materials of the type usually produced or capable of being produced by
that person or industry.
``(b) Compliance With Order Required.--A person or industry with
whom an order is placed under subsection (a), or the responsible head
thereof, shall comply with that order and give it precedence over all
orders not placed under that subsection.
``(c) Seizure of Manufacturing Plants Upon Noncompliance.--In time
of war or when war is imminent, the President, through the Secretary of
Defense, may take immediate possession of any plant that is equipped to
manufacture, or that in the opinion of the Secretary of Defense is
capable of being readily transformed into a plant for manufacturing,
arms or ammunition, parts thereof, or necessary supplies for the armed
forces if the person or industry owning or operating the plant, or the
responsible head thereof, refuses--
``(1) to give precedence to the order as prescribed in
subsection (b);
``(2) to manufacture the kind, quantity, or quality of arms or
ammunition, parts thereof, or necessary supplies, as ordered by the
Secretary; or
``(3) to furnish them at a reasonable price as determined by the
Secretary.
``(d) Use of Seized Plant.--The President, through the Secretary of
Defense, may manufacture products that are needed in time of war or when
war is imminent, in any plant that is seized under subsection (c).
``(e) Compensation Required.--Each person or industry from whom
products or materials are ordered under subsection (a) is entitled to
fair and just compensation. Each person or industry whose plant is
seized under subsection (c) is entitled to a fair and just rental.
``(f) Criminal Penalty.--Whoever fails to comply with this section
shall be imprisoned for not more than three years and fined under title
18.
``§2539. Industrial mobilization: plants; lists
``(a) List of Plants Equipped to Manufacture Arms or Ammunition.--
The Secretary of Defense may maintain a list of all privately owned
plants in the United States, and the territories, Commonwealths, and
possessions of the United States, that are equipped to manufacture for
the armed forces arms or ammunition, or parts thereof, and may obtain
complete information of the kinds of those products manufactured or
capable of being manufactured by each of those plants, and of the
equipment and capacity of each of those plants.
``(b) List of Plants Convertible Into Ammunition Factories.--The
Secretary of Defense may maintain a list of privately owned plants in
the United States, and the territories, Commonwealths, and possessions
of the United States, that are capable of being readily transformed into
factories for the manufacture of ammunition for the armed forces and
that have a capacity sufficient to warrant conversion into ammunition
plants in time of war or when war is imminent, and may obtain complete
information as to the equipment of each of those plants.
``(c) Conversion Plans.--The Secretary of Defense may prepare
comprehensive plans for converting each plant listed pursuant to
subsection (b) into a factory for the manufacture of ammunition or parts
thereof.
``§2540. Industrial mobilization: Board on Mobilization of
Industries Essential for Military Preparedness
``The President may appoint a nonpartisan Board on Mobilization of
Industries Essential for Military Preparedness, and may provide
necessary clerical assistance, to organize and coordinate operations
under sections 2538 and 2539 of this title.''.
(2) Sections 4501, 4502, 9501, and 9502 of title 10, United States
Code, are repealed.
(b) Availability of Samples, Drawings, Information, Equipment,
Materials, and Certain Services.--(1) Subchapter V of chapter 148 of
title 10, United States Code, is further amended by adding at the end
the following:
``§2541. Availability of samples, drawings, information, equipment,
materials, and certain services
``(a) Authority.--The Secretary of Defense and the secretaries of
the military departments, under regulations prescribed by the Secretary
of Defense and when determined by the Secretary of Defense or the
Secretary concerned to be in the interest of national defense, may
each--
``(1) sell, lend, or give samples, drawings, and manufacturing
or other information (subject to the rights of third parties) to any
person or entity;
``(2) sell or lend government equipment or materials to any
person or entity--
``(A) for use in independent research and development
programs, subject to the condition that the equipment or
material be used exclusively for such research and development;
or
``(B) for use in demonstrations to a friendly foreign
government; and
``(3) make available to any person or entity, at an appropriate
fee, the services of any government laboratory, center, range, or
other testing facility for the testing of materials, equipment,
models, computer software, and other items.
``(b) Confidentiality of Test Results.--The results of tests
performed with services made available under subsection (a)(3) are
confidential and may not be disclosed outside the Federal Government
without the consent of the persons for whom the tests are performed.
``(c) Fees.--Fees for services made available under subsection
(a)(3) shall be established in the regulations prescribed pursuant to
subsection (a). Such fees may not exceed the amount necessary to recoup
the direct costs involved, such as direct costs of utilities, contractor
support, and salaries of personnel that are incurred by the United
States to provide for the testing.
``(d) Use of Fees.--Fees received for services made available under
subsection (a)(3) may be credited to the appropriations or other funds
of the activity making such services available.''.
(2) Section 2314 of title 10, United States Code, is amended by
inserting ``or sale'' after ``procurement''.
(3) Sections 4506, 4507, 4508, 9506, and 9507 of title 10, United
States Code, are repealed.
(c) Procurement for Experimental Purposes.--(1) Chapter 139 of title
10, United States Code, is amended by adding at the end the following
new section:
``§2373. Procurement for experimental purposes
``(a) Authority.--The Secretary of Defense and the Secretaries of
the military departments may each buy ordnance, signal, and chemical
activity supplies, including parts and accessories, and designs thereof,
that the Secretary of Defense or the Secretary concerned considers
neces
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sary for experimental or test purposes in the development of the
best supplies that are needed for the national defense.
``(b) Procedures.--Purchases under this section may be made inside
or outside the United States and by contract or otherwise. Chapter 137
of this title applies when such purchases are made in quantity.''.
(2) Sections 4504 and 9504 of title 10, United States Code, are
repealed.
(d) Acceptance of Gratuitous Services of Certain Reserve Officers.--
(1) Chapter 11 of title 10, United States Code, is amended by inserting
after section 278 the following new section:
``§279. Authority to accept certain gratuitous services of officers
``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.''.
(2) Sections 4541 and 9541 of title 10, United States Code, are
repealed.
SEC. 823. REPEAL OF CERTAIN ACQUISITION LAWS APPLICABLE TO THE ARMY
AND AIR FORCE.
The following provisions of subtitles B and D of title 10, United
States Code, are repealed:
(1) Sections 4505 and 9505 (relating to procurement of
production equipment).
(2) Sections 4531 and 9531 (relating to procurement
authorization).
(3) Section 4533 (relating to Army rations).
(4) Sections 4534 and 9534 (relating to subsistence supplies,
contract stipulations, and place of delivery on inspection).
(5) Sections 4535 and 9535 (relating to purchase of exceptional
subsistence supplies without advertising).
(6) Sections 4537 and 9537 (relating to assistance of United
States mapping agencies with military surveys and maps).
(7) Sections 4538 and 9538 (relating to exchange and reclamation
of unserviceable ammunition).
SEC. 824. CONSOLIDATION, REPEAL, AND AMENDMENT OF CERTAIN
ACQUISITION LAWS APPLICABLE TO THE NAVY.
(a) Repeals.--The following provisions of subtitle C of title 10,
United States Code, are repealed:
(1) Section 7201 (relating to research and development,
procurement, and construction of guided missiles).
(2) Section 7210 (relating to purchase of patents, patent
applications, and licenses).
(3) Section 7213 (relating to relief of contractors and their
employees from losses by enemy action).
(4) Section 7230 (relating to sale of degaussing equipment).
(5) Section 7296 (relating to availability of appropriations for
other purposes).
(6) Section 7298 (relating to conversion of combatants and
auxiliaries).
(7) Section 7301 (relating to estimates required for bids on
construction).
(8) Section 7310 (relating to constructing combatant vessels).
(9) Chapter 635 (relating to naval aircraft).
(10) Section 7366 (relating to limitation on appropriations for
naval salvage facilities).
(b) Revision and Streamlining of Certain Provisions Relating to
Naval Vessels.--Chapter 633 of such title is amended by striking out
sections 7304, 7305, 7306, 7307, 7308, and 7309 and inserting in lieu
thereof the following:
``§7304. Examination of vessels; striking of vessels from Naval
Vessel Register
``(a) Boards of Officers To Examine Naval Vessels.--The Secretary of
the Navy shall designate boards of naval officers to examine naval
vessels, including unfinished vessels, for the purpose of making a
recommendation to the Secretary as to which vessels, if any, should be
stricken from the Naval Vessel Register. Each vessel shall be examined
at least once every three years if practicable.
``(b) Actions by Board.--A board designated under subsection (a)
shall submit to the Secretary in writing its recommendations as to which
vessels, if any, among those it examined should be stricken from the
Naval Vessel Register.
``(c) Action by Secretary.--If the Secretary concurs with a
recommendation by a board that a vessel should be stricken from the
Naval Vessel Register, the Secretary shall strike the name of that
vessel from the Naval Vessel Register.
``§7305. Vessels stricken from Naval Vessel Register: sale
``(a) Appraisal of Vessels Stricken From Naval Vessel Register.--The
Secretary of the Navy shall appraise each vessel stricken from the Naval
Vessel Register under section 7304 of this title.
``(b) Authority To Sell Vessel.--If the Secretary considers that the
sale of the vessel is in the national interest, the Secretary may sell
the vessel. Any such sale shall be in accordance with regulations
prescribed by the Secretary for the purposes of this section.
``(c) Procedures for Sale.--(1) A vessel stricken from the Naval
Vessel Register and not subject to disposal under any other law may be
sold under this section. In such a case, the Secretary may sell the
vessel to the highest acceptable bidder, regardless of the appraised
value of the vessel, after the vessel is publicly advertised for sale
for a period of not less than 30 days.
``(2) If the Secretary determines that the bid prices for a vessel
received after advertising under paragraph (1) are not acceptable and
that readvertising will serve no useful purpose, the Secretary may sell
the vessel by negotiation to the highest acceptable bidder if--
``(A) each responsible bidder has been notified of intent to
negotiate and has been given a reasonable opportunity to negotiate;
and
``(B) the negotiated price is--
``(i) higher than the highest rejected price of any
responsible bidder; or
``(ii) reasonable and in the national interest.
``(d) Applicability.--This section does not apply to a vessel the
disposal of which is authorized by the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), if it is to
be disposed of under that Act.
``§7306. Vessels stricken from Naval Vessel Register; captured
vessels: transfer by gift or otherwise
``(a) Authority To Make Transfer.--Subject to subsections (c) and
(d) of section 602 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 474), the Secretary of the Navy may transfer, by
gift or otherwise, any vessel stricken from the Naval Vessel Register,
or any captured vessel, to--
``(1) any State, Commonwealth, or possession of the United
States or any municipal corporation or political subdivision
thereof;
``(2) the District of Columbia; or
``(3) any not-for-profit or nonprofit entity.
``(b) Vessel To Be Maintained in Condition Satisfactory to
Secretary.--An agreement for the transfer of a vessel under subsection
(a) shall include a requirement that the transferee will maintain the
vessel in a condition satisfactory to the Secretary.
``(c) Transfers To Be at No Cost to United States.--Any transfer of
a vessel under this section shall be made at no cost to the United
States.
``(d) Notice to Congress.--(1) No transfer under this section takes
effect unless--
``(A) notice of the proposal to make the transfer is sent to
Congress; and
``(B) 60 days of continuous session of Congress have expired
following the date on which such notice is sent to Congress.
``(2) For purposes of paragraph (1)(B), the continuity of a session
of Congress is broken only by an adjournment of the Congress sine die,
and the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain are excluded in the
computation of such 60-day period.
``§7306a. Vessels stricken from Naval Vessel Register: use for
experimental purposes
``(a)
2000
Authority.--The Secretary of the Navy may use for experimental
purposes any vessel stricken from the Naval Vessel Register.
``(b) Stripping Vessel.--(1) Before using a vessel for an
experimental purpose pursuant to subsection (a), the Secretary shall
carry out such stripping of the vessel as is practicable.
``(2) Amounts received as proceeds from the stripping of a vessel
pursuant to this subsection shall be credited to appropriations
available for the procurement of scrapping services needed for such
stripping. Amounts received which are in excess of amounts needed for
procuring such services shall be deposited into the general fund of the
Treasury.
``§7307. Disposals to foreign nations
``(a) Larger or Newer Vessels.--A naval vessel that is in excess of
3,000 tons or that is less than 20 years of age may not be disposed of
to another nation (whether by sale, lease, grant, loan, barter,
transfer, or otherwise) unless the disposition of that vessel is
approved by law enacted after August 5, 1974. A lease or loan of such a
vessel under such a law may be made only in accordance with the
provisions of chapter 6 of the Arms Export Control Act (22 U.S.C. 2796
et seq.) or chapter 2 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2311 et seq.).
``(b) Other Vessels.--(1) A naval vessel not subject to subsection
(a) may be disposed of to another nation (whether by sale, lease, grant,
loan, barter, transfer, or otherwise) in accordance with applicable
provisions of law, but only after--
``(A) the Secretary of the Navy notifies the Committees on Armed
Services of the Senate and House of Representatives in writing of
the proposed disposition; and
``(B) 30 days of continuous session of Congress have expired
following the date on which such notice is sent to those committees.
``(2) For purposes of paragraph (1)(B), the continuity of a session
of Congress is broken only by an adjournment of the Congress sine die,
and the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain are excluded in the
computation of such 30-day period.
``§7308. Chief of Naval Operations: certification required for
disposal of combatant vessels
``Notwithstanding any other provision of law, no combatant vessel of
the Navy may be sold, transferred, or otherwise disposed of unless the
Chief of Naval Operations certifies that it is not essential to the
defense of the United States.
``§7309. Construction of vessels in foreign shipyards: prohibition
``(a) Prohibition.--Except as provided in subsection (b), no vessel
to be constructed for any of the armed forces, and no major component of
the hull or superstructure of any such vessel, may be constructed in a
foreign shipyard.
``(b) Presidential Waiver for National Security Interest.--(1) The
President may authorize exceptions to the prohibition in subsection (a)
when the President determines that it is in the national security
interest of the United States to do so.
``(2) The President shall transmit notice to Congress of any such
determination, and no contract may be made pursuant to the exception
authorized until the end of the 30-day period beginning on the date on
which the notice of the determination is received by Congress.
``(c) Exception for Inflatable Boats.--An inflatable boat or a rigid
inflatable boat, as defined by the Secretary of the Navy, is not a
vessel for the purpose of the restriction in subsection (a).
``§7310. Overhaul, repair, etc. of vessels in foreign shipyards:
restrictions
``(a) Vessels With Homeport in United States.--A naval vessel (or
any other vessel under the jurisdiction of the Secretary of the Navy)
the homeport of which is in the United States may not be overhauled,
repaired, or maintained in a shipyard outside the United States, other
than in the case of voyage repairs.
``(b) Vessel Changing Homeports.--In the case of a naval vessel the
homeport of which is not in the United States (or a territory of the
United States), the Secretary of the Navy may not during the 15-month
period preceding the planned reassignment of the vessel to a homeport in
the United States (or a territory of the United States) begin any work
for the overhaul, repair, or maintenance of the vessel that is scheduled
to be for a period of more than six months.''.
SEC. 825. ADDITIONAL AUTHORITY TO CONTRACT FOR FUEL STORAGE AND
MANAGEMENT.
(a) Revision of Authority.--Section 2388 of title 10, United States
Code, is amended--
(1) by striking out subsections (a) and (b) and inserting in
lieu thereof the following:
``(a) Authority To Contract.--The Secretary of Defense and the
Secretary of a military department may each contract for storage
facilities for, or the storage, handling, or distribution of, liquid
fuels and natural gas.
``(b) Period of Contract.--The period of a contract entered into
under subsection (a) may not exceed 5 years. However, the contract may
provide options for the Secretary to renew the contract for additional
periods of not more than 5 years each, but not for more than a total of
20 years.''; and
(2) in subsection (c), by inserting ``Option To Purchase
Facility.--'' after ``(c)''.
(b) Section Heading Amendment.--The heading of section 2388 of such
title is amended to read as follows:
``§2388. Liquid fuels and natural gas: contracts for storage,
handling, or distribution''.
SEC. 826. ADDITIONAL AUTHORITY RELATING TO THE ACQUISITION OF
PETROLEUM AND NATURAL GAS.
(a) Acquisition, Sale, and Exchange of Natural Gas.--Section 2404 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter above paragraph (1), by inserting ``or
natural gas'' after ``petroleum'';
(B) in paragraph (1)--
(i) by inserting ``or natural gas market conditions, as
the case may be,'' after ``petroleum market conditions'';
and
(ii) by inserting ``or acquisition of natural gas,
respectively,'' after ``acquisition of petroleum''; and
(C) in paragraph (2), by inserting ``or natural gas, as the
case may be,'' after ``petroleum''; and
(2) in subsection (b), by inserting ``or natural gas'' in the
second sentence after ``petroleum''.
(b) Expansion of Exchange Authority.--Subsection (c) of such section
is amended to read as follows:
``(c) Exchange Authority.--The Secretary of Defense may acquire
petroleum, petroleum-related services, natural gas, or natural gas-
related services by exchange of petroleum, petroleum-related services,
natural gas, or natural gas-related services.''.
(c) Sale of Petroleum and Natural Gas.--Such section is further
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Authority To Sell.--The Secretary of Defense may sell
petroleum or natural gas of the Department of Defense if the Secretary
determines that the sale would be in the public interest. The proceeds
of such a sale shall be credited to appropriations of the Department of
Defense for the acquisition of petroleum, petroleum-related services,
natural gas, or natural gas-related services. Amounts so credited shall
be available for obligation for the same period as the appropriations to
which the amounts are credited.''.
(d) Technical and Clerical Amendments.--
(1) Subsection captions.--Section 2404 of title 10, United
States Code, is amended--
(A) in subsection (a), by inserting ``Waiver Authority.--''
after ``(a)'';
(B) in subsection (b), by inserting ``Scope of Waiver.--''
after ``(b)''; and
(C) in subsection (e), as redesignated by subsection (c)(1),
by inserting ``Petroleum Defined.--'' after ``(e)''.
(2) Section heading.--The heading of s
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uch section is amended to
read as follows:
``§2404. Acquisition of petroleum and natural gas: authority to
waive contract procedures; acquisition by exchange; sales
authority''.
SEC. 827. AMENDMENT OF RESEARCH AUTHORITIES.
(a) Authority To Conduct Basic, Advanced, and Applied Research.--
Section 2358 of title 10, United States Code, is amended to read as
follows:
``§2358. Research projects
``(a) Authority.--The Secretary of Defense or the Secretary of a
military department may engage in basic, advanced, and applied research
and development projects that--
``(1) are necessary to the responsibilities of such Secretary's
department in the field of basic, advanced, and applied research and
development; and
``(2) either--
``(A) relate to weapons systems and other military needs; or
``(B) are of potential interest to such department.
``(b) Authorized Means.--The Secretary of Defense or the Secretary
of a military department may perform research and development projects--
``(1) by contract, cooperative agreement, or other transaction
with, or by grant to, educational or research institutions, private
businesses, or other agencies of the United States;
``(2) by using employees and consultants of the Department of
Defense; or
``(3) through one or more of the military departments.
``(c) Requirement of Potential Military Interest.--Funds
appropriated to the Department of Defense or to a military department
may not be used to finance any research project or study unless the
project or study is, in the opinion of the Secretary of Defense or the
Secretary of that military department, respectively, of potential
interest to the Department of Defense or to such military department,
respectively.''.
(b) Authority Related to Advanced Research Projects.--
(1) Repeal of redundant authority.--Section 2371 of such title
is amended--
(A) by striking out subsection (a);
(B) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (a), (b), (c), (d), (e), and (f),
respectively;
(C) in subsection (a), as redesignated by subparagraph (B)--
(i) in paragraph (1), by striking out ``subsection (a)''
and inserting in lieu thereof ``section 2358 of this
title''; and
(ii) in paragraph (2), by striking out ``subsection
(e)'' and inserting in lieu thereof ``subsection (d)'';
(D) in subsection (d), as redesignated by subparagraph (B),
by striking out ``subsection (a)'' and inserting in lieu thereof
``section 2358 of this title''; and
(E) in subsection (e), as redesignated by subparagraph (B)--
(i) in paragraph (4), by striking out ``subsection (b)''
and inserting in lieu thereof ``subsection (a)''; and
(ii) in paragraph (5), by striking out ``subsection
(e)'' and inserting in lieu thereof ``subsection (d)''.
(2) Consistency of terminology.--Such section, as amended by
paragraph (1), is further amended--
(A) in subsection (c)(1), by inserting ``and development''
after ``research'' both places it appears;
(B) in subsections (d) and (e)(3), by striking out
``advanced research'' and inserting in lieu thereof ``research
and development''; and
(C) in subsection (e)(1), by striking out ``advanced
research is'' and inserting in lieu thereof ``research and
development are''.
(c) Redundant and Obsolete Authority for the Army and the Air
Force.--Sections 4503 and 9503 of title 10, United States Code, are
repealed.
SEC. 828. TECHNICAL AND CLERICAL AMENDMENTS RELATING TO ACQUISITION
LAWS.
(a) Amendments to Tables of Sections.--The table of sections at the
beginning of each chapter of title 10, United States Code, listed in the
following paragraphs is amended by striking out the items relating to
the sections listed in such paragraphs:
(1) Chapter 137: section 2317.
(2) Chapter 139: section 2362.
(3) Chapter 141: section 2389.
(4) Chapter 144: sections 2436 and 2437.
(5) Chapter 433: sections 4531, 4533, 4534, 4535, 4537, 4538,
and 4541.
(6) Chapter 631: sections 7201, 7210, 7213, and 7230.
(7) Chapter 633: sections 7296, 7298, and 7301.
(8) Chapter 637: section 7366.
(9) Chapter 933: sections 9531, 9534, 9535, 9537, 9538, and
9541.
(b) Amendments to Tables of Chapters.--
(1) The tables of chapters at the beginning of subtitle A, and
part IV of subtitle A, of title 10, United States Code, are amended
by striking out the item relating to chapter 135.
(2) The tables of chapters at the beginning of subtitle B, and
part IV of subtitle B, of such title are amended by striking out the
item relating to chapter 431.
(3) The tables of chapters at the beginning of subtitle C, and
part IV of subtitle C, of such title are amended by striking out the
item relating to chapter 635.
(c) Additional Amendments.--
(1) The table of sections at the beginning of chapter 11 of
title 10, United States Code, is amended by inserting after the item
relating to section 278 the following new item:
``279. Authority to accept certain gratuitous services of officers.''.
(2) The table of sections at the beginning of chapter 139 of
such title is amended by adding at the end the following new item:
``2373. Procurement for experimental purposes.''.
(3) The table of sections at the beginning of chapter 141 of
such title is amended by striking out the item relating to section
2388 and inserting in lieu thereof the following:
``2388. Liquid fuels and natural gas: contracts for storage, handling,
or distribution.''.
(4) The table of sections at the beginning of chapter 141 of
title 10, United States Code, is amended by striking out the item
relating to section 2404 and inserting in lieu thereof the
following:
``2404. Acquisition of petroleum and natural gas: authority to waive
contract procedures; acquisition by exchange; sales authority.''.
(5) The table of sections at the beginning of subchapter V of
chapter 148 of such title is amended by adding at the end the
following new items:
``2538. Industrial mobilization: orders; priorities; possession of
manufacturing plants; violations.
``2539. Industrial mobilization: plants; lists.
``2540. Industrial mobilization: Board on Mobilization of Industries
Essential for Military Preparedness.
``2541. Availability of samples, drawings, information, equipment,
materials, and certain services.''.
(6) Chapter 431 of such title is amended by striking out the
chapter heading and the table of sections.
(7) The table of sections at the beginning of chapter 633 of
such title is amended by striking out the items relating to sections
7304, 7305, 7306, 7307, 7308, 7309, and 7310 and inserting in lieu
thereof the following:
``7304. Examination of vessels; striking of vessels from Naval Vessel
Register.
``7305. Vessels stricken from Naval Vessel Register: sale.
``7306. Vessels stricken from Naval Vessel Register; captured vessels:
transfer by gift or otherwise.
``7306a. Vessels stricken from Naval Vessel Register: use for
experimental purposes.
``7307. Disposals to foreign nations.
``7308. Chief of Naval Operations: certification required for disposal
of combatant vessels.
``7309. Construction of vessels in foreign shipyards: prohibition.
``7310. Overhaul, repair, etc. of vessels in foreign shipyards:
restrictions.''.
(8)(A) Chapter 931 of such title is amended--
(i) by striking out the table of sections for subchapter I;
(ii) by striking out the headings for subchapters I and II;
(iii) by striking out the table of subchapters; and
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(iv) by amending the chapter heading to read as follows:
``CHAPTER 931--CIVIL RESERVE AIR FLEET''.
(B) The tables of chapters at the beginning of subtitle D, and
part IV of subtitle D, of such title are amended by striking out the
item relating to chapter 931 and inserting in lieu thereof the
following:
``931. Civil Reserve Air Fleet....................................
9511''.
(d) Cross-Reference Amendments.--(1) Section 505(a)(2)(B)(i) of the
National Security Act of 1947 (50 U.S.C. 415(a)(2)(B)(i)) is amended by
striking out ``section 7307(b)(1)'' and inserting in lieu thereof
``section 7307(a)''.
(2) Section 2366(d) of title 10, United States Code, is amended by
striking out ``to the defense committees of Congress (as defined in
section 2362(e)(3) of this title).'' and inserting in lieu thereof ``to
the Committees on Armed Services and on Appropriations of the Senate and
House of Representatives.''.
Subtitle D--Defense Acquisition Pilot Programs
SEC. 831. REFERENCE TO DEFENSE ACQUISITION PILOT PROGRAM.
A reference in this subtitle to the Defense Acquisition Pilot
Program is a reference to the defense acquisition pilot program
authorized by section 809 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2430 note).
SEC. 832. DEFENSE ACQUISITION PILOT PROGRAM AMENDMENTS.
(a) Repeal of Limitation on Number of Participating Defense
Acquisition Programs.--Section 809(b)(1) of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 note) is amended
by striking out ``not more than six''.
(b) Repeal of Requirement To Designate Participating Programs as
Defense Enterprise Programs.--Section 809 of such Act is amended by
striking out subsection (d).
(c) Publication of Policies and Guidelines for Public Comment.--
Section 809 of such Act is amended by striking out subsection (e) and
inserting in lieu thereof the following:
``(d) Publication of Policies and Guidelines.--The Secretary shall
publish in the Federal Register a proposed memorandum setting forth
policies and guidelines for implementation of the pilot program under
this section and provide an opportunity for public comment on the
proposed memorandum for a period of 60 days after the date of
publication. The Secretary shall publish in the Federal Register any
subsequent proposed change to the memorandum and provide an opportunity
for public comment on each such proposed change for a period of 60 days
after the date of publication.''.
(d) Congressional Notification Requirements.--Section 809 of such
Act is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively; and
(2) in paragraph (2)(D) of subsection (e), as so redesignated,
by striking out ``specific budgetary and personnel savings'' and
inserting in lieu thereof ``a discussion of the efficiencies or
savings''.
SEC. 833. MISSION ORIENTED PROGRAM MANAGEMENT.
It is the sense of Congress that--
(1) in the exercise of the authority provided in section 809 of
the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2430 note), the Secretary of Defense should propose for one
or more of the defense acquisition programs covered by the Defense
Acquisition Pilot Program to utilize the concept of mission oriented
program management that includes--
(A) establishing a mission oriented program executive
office; and
(B) designating a lead agency for the mission oriented
program executive office;
(2) the duties of the program executive officer for each of one
or more of such programs should include--
(A) planning, programming, and carrying out research,
development, and acquisition activities;
(B) providing advice regarding the preparation and
integration of budgets for research, development, and
acquisition activities;
(C) informing the operational commands of alternative
technology solutions to fulfill emerging requirements;
(D) ensuring that the acquisition plan for the program
realistically reflects the budget and related decisions made for
that program;
(E) managing related technical support resources;
(F) conducting integrated decision team meetings; and
(G) providing technological advice to users of program
products and to the officials within the military departments
who prepare plans, programs, and budgets;
(3) the Chairman of the Joint Chiefs of Staff, in consultation
with the Under Secretary of Defense for Acquisition and Technology,
should prescribe policies and procedures for the interaction of the
commanders of the unified and specified combatant commands with the
mission oriented program executive officers, and such policies and
procedures should include provisions for enabling the user commands
to perform acceptance testing; and
(4) the management functions of a program manager should not
duplicate the management functions of the mission oriented program
executive officer.
SEC. 834. SAVINGS OBJECTIVES.
It is the sense of Congress that the Secretary of Defense, on the
basis of the experience under the Defense Acquisition Pilot Program,
should seek personnel reductions and other management and administrative
savings that, by September 30, 1998, will achieve at least a 25-percent
reduction in defense acquisition management costs below the costs of
defense acquisition management during fiscal year 1993.
SEC. 835. PROGRAM PHASES AND PHASE FUNDING.
(a) Acquisition Program Phases.--It is the sense of Congress that--
(1) the Secretary of Defense should propose that one or more
defense acquisition programs proposed for participation in the
Defense Acquisition Pilot Program be exempted from acquisition
regulations regarding program phases that are applicable to other
Department of Defense acquisition programs; and
(2) a program so exempted should follow a simplified acquisition
program cycle that is results oriented and consists of--
(A) an integrated decision team meeting phase which--
(i) could be requested by a potential user of the system
or component to be acquired, the head of a laboratory, or a
program office on such bases as the emergence of a new
military requirement, cost savings opportunity, or new
technology opportunity;
(ii) should be conducted by a program executive officer;
and
(iii) should usually be completed within 1 to 3 months;
(B) a prototype development and testing phase which should
include operational tests and concerns relating to manufacturing
operations and life cycle support, should usually be completed
within 6 to 36 months, and should produce sufficient numbers of
prototypes to assess operational utility;
(C) a product integration, development, and testing phase
which--
(i) should include full-scale development, integration
of components, and operational testing; and
(ii) should usually be completed within 1 to 5 years;
and
(D) a phase for production, integration into existing
systems, or production and integration into existing systems.
(b) Phase Funding.--To the extent specific authorization is provided
for any defense acquisition program designated for participation in the
Defense Acquisition Pilot Program, as required by section 809(b)(1) of
the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
2430 note), in a law authorizing appropriations for such program enacted
after the date of the enactment of this Act, and to the extent prov
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ided
in appropriations Acts, the Secretary of Defense is authorized to expend
for such defense acquisition program such sums as are necessary to carry
out the next phase of the acquisition program cycle after the Secretary
determines that objective quantifiable performance expectations relating
to the execution of that phase have been identified.
(c) Major Program Decision.--It is the sense of Congress that the
Secretary of Defense should establish for one or more defense
acquisition programs participating in the Defense Acquisition Pilot
Program an approval process having one major decision point.
SEC. 836. PROGRAM WORK FORCE POLICIES.
(a) Encouragement of Excellence.--The Secretary of Defense shall
review the incentives and personnel actions available to the Secretary
for encouraging excellence in the acquisition work force of the
Department of Defense and should provide an enhanced system of
incentives, in accordance with the Defense Acquisition Workforce
Improvement Act (title XII of Public Law 101-510) and other applicable
law, for the encouragement of excellence in the work force of a program
participating in the Defense Acquisition Pilot Program.
(b) Incentives.--The Secretary of Defense may consider providing for
program executive officers, program managers, and other acquisition
personnel of defense acquisition programs participating in the Defense
Acquisition Pilot Program an enhanced system of incentives which--
(1) in accordance with applicable law, relates pay to
performance; and
(2) provides for consideration of the extent to which the
performance of such personnel contributes to the achievement of cost
goals, schedule goals, and performance goals established for such
programs.
SEC. 837. EFFICIENT CONTRACTING PROCESSES.
It is the sense of Congress that the Secretary of Defense, in
exercising the authority provided in section 809 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 note), should
seek to simplify the procurement process, streamline the period for
entering into contracts, and simplify specifications and requirements.
SEC. 838. CONTRACT ADMINISTRATION: PERFORMANCE BASED CONTRACT
MANAGEMENT.
It is the sense of Congress that the Secretary of Defense should
propose under section 809 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2430 note) that, for one or more defense
acquisition programs participating in the Defense Acquisition Pilot
Program, payments under section 2307(a) of title 10, United States Code,
be made on any of the following bases:
(1) Performance measured by statistical process controls.
(2) Event accomplishment.
(3) Other quantifiable measures of results.
SEC. 839. CONTRACTOR PERFORMANCE ASSESSMENT.
(a) Collection and Analysis of Performance Information.--The
Secretary of Defense shall collect and analyze information on contractor
performance under the Defense Acquisition Pilot Program.
(b) Information To Be Included.--Information collected under
subsection (a) shall include the history of the performance of each
contractor under the Defense Acquisition Pilot Program contracts and,
for each such contract performed by the contractor, a technical
evaluation of the contractor's performance prepared by the program
manager responsible for the contract.
Subtitle E--Other Matters
SEC. 841. REIMBURSEMENT OF INDIRECT COSTS OF INSTITUTIONS OF HIGHER
EDUCATION UNDER DEPARTMENT OF DEFENSE CONTRACTS.
(a) Prohibition.--The Secretary of Defense may not by regulation
place a limitation on the amount that the Department of Defense may
reimburse an institution of higher education for allowable indirect
costs incurred by the institution for work performed for the Department
of Defense under a Department of Defense contract unless that same
limitation is applied uniformly to all other organizations performing
similar work for the Department of Defense under Department of Defense
contracts.
(b) Waiver.--The Secretary of Defense may waive the application of
the prohibition in subsection (a) in the case of a particular
institution of higher education if the governing body of the institution
requests the waiver in order to simplify the overall management by that
institution of cost reimbursements by the Department of Defense for
contracts awarded by the Department to the institution.
(c) Definitions.--In this section:
(1) The term ``allowable indirect costs'' means costs that are
generally considered allowable as indirect costs under regulations
that establish the cost reimbursement principles applicable to an
institution of higher education for purposes of Department of
Defense contracts.
(2) The term ``institution of higher education'' has the meaning
given such term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
SEC. 842. PROHIBITION ON AWARD OF CERTAIN DEPARTMENT OF DEFENSE AND
DEPARTMENT OF ENERGY CONTRACTS TO ENTITIES CONTROLLED BY A FOREIGN
GOVERNMENT.
(a) Terminology Amendment.--Subsection (a) of section 2536 of title
10, United States Code, is amended--
(1) by striking out ``a company owned by''; and
(2) by striking out ``that company'' and inserting in lieu
thereof ``that entity''.
(b) Exclusion From Definition of Entity Controlled by Foreign
Government.--Subsection (c)(1) of such section is amended by adding at
the end the following: ``Such term does not include an organization or
corporation that is owned, but is not controlled, either directly or
indirectly, by a foreign government if the ownership of that
organization or corporation by that foreign government was effective
before October 23, 1992.''.
(c) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``§2536. Award of certain contracts to entities controlled by a
foreign government: prohibition''.
(2) The item relating to such section in the table of sections at
the beginning of subchapter V of chapter 148 of such title is amended to
read as follows:
``2536. Award of certain contracts to entities controlled by a foreign
government: prohibition.''.
SEC. 843. REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH TERRORIST
COUNTRIES.
(a) Report Requirement.--(1) Whenever the Secretary of Defense
proposes to enter into a contract with any person for an amount in
excess of $5,000,000 for the provision of goods or services to the
Department of Defense, the Secretary shall require that person--
(A) before entering into the contract, to report to the
Secretary each commercial transaction which that person has
conducted with the government of any terrorist country during the
preceding three years or the period since the effective date of this
section, whichever is shorter; and
(B) to report to the Secretary each such commercial transaction
which that person conducts during the course of the contract (but
not after the date specified in subsection (h)) with the government
of any terrorist country.
(2) The requirement contained in paragraph (1)(B) shall be included
in the contract with the Department of Defense.
(b) Regulations.--The Secretary of Defense shall prescribe such
regulations as may be necessary to carry out this section.
(c) Annual Report to Congress.--The Secretary of Defense shall
submit to the Congress each year by December 1 a report setting forth
those persons conducting commercial transactions with terrorist
countries that are included in the reports made pursuant to subsection
(a) during the preceding fiscal year, the terrorist countries with which
those transactions were conducted, and the nature of those transactions.
The version of the report made available for public release shall
exclude information exempt from public disclosure under section 552 of
title 5, United States Code (commonly known as the Freedom of
Information
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Act).
(d) Liability.--This section shall not be interpreted as imposing
any liability on a person for failure to comply with the reporting
requirement of subsection (a) if the failure to comply is caused solely
by an act or omission of a third party.
(e) Person Defined.--For purposes of this section, the term
``person'' means a corporate or other business entity proposing to enter
or entering into a contract covered by this section. The term does not
include an affiliate or subsidiary of the entity.
(f) Terrorist Country Defined.--A country shall be considered to be
a terrorist country for purposes of a contract covered by this section
if the Secretary of State has determined pursuant to law, as of the date
that is 60 days before the date on which the contract is signed, that
the government of that country is a government that has repeatedly
provided support for acts of international terrorism.
(g) Effective Date.--This section shall apply with respect to
contracts entered into after the expiration of the 90-day period
beginning on the date of the enactment of this Act, or after the
expiration of the 30-day period beginning on the date of publication in
the Federal Register of the final regulations referred to in subsection
(b), whichever is earlier.
(h) Termination.--This section expires on September 30, 1996.
SEC. 844. DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER AGENCIES.
(a) Regulations Required.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall prescribe
regulations governing the exercise by the Department of Defense of the
authority under section 1535 of title 31, United States Code, to
purchase goods and services under contracts entered into or administered
by another agency.
(b) Content of Regulations.--The regulations prescribed pursuant to
subsection (a) shall--
(1) require that each purchase described in subsection (a) be
approved in advance by a contracting officer of the Department of
Defense with authority to contract for the goods or services to be
purchased or by another official in a position specifically
designated by regulation to approve such purchase;
(2) provide that such a purchase of goods or services may be
made only if--
(A) the purchase is appropriately made under a contract that
the agency filling the purchase order entered into, before the
purchase order, in order to meet the requirements of such agency
for the same or similar goods or services;
(B) the agency filling the purchase order is better
qualified to enter into or administer the contract for such
goods or services by reason of capabilities or expertise that is
not available within the Department;
(C) the agency or unit filling the order is specifically
authorized by law or regulations to purchase such goods or
services on behalf of other agencies; or
(D) the purchase is authorized by an Executive order or a
revision to the Federal Acquisition Regulation setting forth
specific additional circumstances in which purchases referred to
in subsection (a) are authorized;
(3) prohibit any such purchase under a contract or other
agreement entered into or administered by an agency not covered by
the provisions of chapter 137 of title 10, United States Code, or
title III of the Federal Property and Administrative Services Act of
1949 and not covered by the Federal Acquisition Regulation unless
the purchase is approved in advance by the Senior Acquisition
Executive responsible for purchasing by the ordering agency or unit;
and
(4) prohibit any payment to the agency filling a purchase order
of any fee that exceeds the actual cost or, if the actual cost is
not known, the estimated cost of entering into and administering the
contract or other agreement under which the order is filled.
(c) Monitoring System Required.--The Secretary of Defense shall
ensure that, not later than one year after the date of the enactment of
this Act, systems of the Department of Defense for collecting and
evaluating procurement data are capable of collecting and evaluating
appropriate data on procurements conducted under the regulations
prescribed pursuant to subsection (a).
(d) Termination.--This section shall cease to be effective one year
after the date on which final regulations prescribed pursuant to
subsection (a) take effect.
SEC. 845. AUTHORITY OF THE ADVANCED RESEARCH PROJECTS AGENCY TO
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
(a) Authority.--The Director of the Advanced Research Projects
Agency may, under the authority of section 2371 of title 10, United
States Code, carry out prototype projects that are directly relevant to
weapons or weapon systems proposed to be acquired or developed by the
Department of Defense.
(b) Exercise of Authority.--(1) Subsections (c)(2) and (c)(3) of
such section 2371, as redesignated by section 827(b)(1)(B), shall not
apply to projects carried out under subsection (a).
(2) The Director shall, to the maximum extent practicable, use
competitive procedures when entering into agreements to carry out
projects under subsection (a).
(c) Period of Authority.--The authority of the Director to carry out
projects under subsection (a) shall terminate 3 years after the date of
the enactment of this Act.
SEC. 846. IMPROVEMENT OF PRICING POLICIES FOR USE OF MAJOR RANGE AND
TEST FACILITY INSTALLATIONS OF THE MILITARY DEPARTMENTS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2680 the following new section:
``§2681. Use of test and evaluation installations by commercial
entities
``(a) Contract Authority.--The Secretary of Defense may enter into
contracts with commercial entities that desire to conduct commercial
test and evaluation activities at a Major Range and Test Facility
Installation.
``(b) Termination or Limitation of Contract Under Certain
Circumstances.--A contract entered into under subsection (a) shall
contain a provision that the Secretary of Defense may terminate,
prohibit, or suspend immediately any commercial test or evaluation
activity to be conducted at the Major Range and Test Facility
Installation under the contract if the Secretary of Defense certifies in
writing that the test or evaluation activity is or would be
detrimental--
``(1) to the public health and safety;
``(2) to property (either public or private); or
``(3) to any national security interest or foreign policy
interest of the United States.
``(c) Contract Price.--A contract entered into under subsection (a)
shall include a provision that requires a commercial entity using a
Major Range and Test Facility Installation under the contract to
reimburse the Department of Defense for all direct costs to the United
States that are associated with the test and evaluation activities
conducted by the commercial entity under the contract. In addition, the
contract may include a provision that requires the commercial entity to
reimburse the Department of Defense for such indirect costs related to
the use of the installation as the Secretary of Defense considers to be
appropriate. The Secretary may delegate to the commander of the Major
Range and Test Facility Installation the authority to determine the
appropriateness of the amount of indirect costs included in such a
contract provision.
``(d) Retention of Funds Collected From Commercial Users.--Amounts
collected under subsection (c) from a commercial entity conducting test
and evaluation activities at a Major Range and Test Facility
Installation shall be credited to the appropriation accounts under which
the costs associated with the test and evaluation activities of the
commercial entity were incurred.
``(e) Regulations and Limitations.--The Secretary of Defense shall
prescribe re
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gulations to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `Major Range and Test Facility Installation'
means a test and evaluation installation under the jurisdiction of
the Department of Defense and designated as a Major Range and Test
Facility Installation by the Secretary.
``(2) The term `direct costs' includes the cost of--
``(A) labor, material, facilities, utilities, equipment,
supplies, and any other resources damaged or consumed during
test or evaluation activities or maintained for a particular
commercial entity; and
``(B) construction specifically performed for a commercial
entity to conduct test and evaluation activities.
``(g) Termination of Authority.--The authority provided to the
Secretary of Defense by subsection (a) shall terminate on September 30,
1998.
``(h) Report.--Not later than January 1, 1998, the Secretary of
Defense shall submit to Congress a report describing the number and
purposes of contracts entered into under subsection (a) and evaluating
the extent to which the authority under this section is exercised to
open Major Range and Test Facility Installations to commercial test and
evaluation activities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
2680 the following new item:
``2681. Use of test and evaluation installations by commercial
entities.''.
SEC. 847. CONTRACT BUNDLING.
(a) Study Required.--The Comptroller General shall conduct a study
regarding the impact of contract bundling on the participation of small
business concerns (including small business concerns owned and
controlled by socially and economically disadvantaged individuals) in
procurement by the Department of Defense.
(b) Purposes of Study.--In addition to such other matters as the
Comptroller General considers appropriate, the study required by
subsection (a) shall--
(1) catalog the benefits and adverse effects of contract
bundling on Department of Defense contracting activities;
(2) catalog the benefits and adverse effects of contract
bundling on small business concerns seeking to sell goods or
services to the Department of Defense;
(3) catalog and assess the adequacy of the policy guidance
applicable to procurement personnel of the Department of Defense
regarding the bundling of contract requirements;
(4) review and analyze the data compiled pursuant to subsection
(c) regarding the extent to which procuring activities of the
Department of Defense have been bundling their requirements for the
procurement of goods and services (including construction);
(5) review and assess the adequacy of the statements submitted
by procuring activities of the Department of Defense pursuant to
section 15(a) of the Small Business Act (15 U.S.C. 644(a)) regarding
bundling of contract requirements; and
(6) assess whether small business specialists of the Department
of Defense or procurement center representatives of the Small
Business Administration have adequate policy guidance and effective
authority to make an independent assessment regarding proposed
bundling of contract requirements.
(c) Data on Contract Bundling.--
(1) Data to be compiled.--For purposes of conducting the study
required by subsection (a), the Secretary of Defense shall compile
and furnish to the Comptroller General data regarding contracts
awarded during fiscal years 1988, 1992, and 1993 that reflect the
bundling of the types of contract requirements that were previously
solicited and awarded as separate contract actions. With respect to
such bundled contracts, the Secretary shall seek to furnish data
regarding--
(A) the number and dollar value of such contract awards and
the types of goods or services (including construction) that
were procured;
(B) the number and estimated dollar value of requirements
previously procured through separate contract actions which were
included in each of the contract actions identified under
subparagraph (A);
(C) any justifications (including estimates of cost savings)
for the bundled contract actions identified under subparagraph
(A); and
(D) the extent of participation by small business concerns
and small business concerns owned and controlled by socially and
economically disadvantaged individuals under subcontracting
plans pursuant to section 8(d) of the Small Business Act (15
U.S.C. 637(d)).
(2) Submission to the comptroller general.--The Secretary of
Defense shall furnish the data described in paragraph (1) to the
Comptroller General not later than February 1, 1994.
(d) Report.--Not later than April 1, 1994, the Comptroller General
shall submit to the Committees on Armed Services and Small Business of
the Senate and House of Representatives a report containing the results
of the study required by subsection (a). The report shall include
recommendations for appropriate changes to statutes, regulations,
policy, or practices that would ameliorate any identified adverse
effects of contract bundling on the participation of small business
concerns in procurements by the Department of Defense.
(e) Definition.--For the purposes of this section, the terms
``contract bundling'' and ``bundling of contract requirements'' means
the practice of consolidating two or more procurement requirements of
the type that were previously solicited and awarded as separate smaller
contracts into a single large contract solicitation likely to be
unsuitable for award to a small business concern due to--
(1) the diversity and size of the elements of performance
specified;
(2) the aggregate dollar value of the anticipated award;
(3) the geographical dispersion of the contract performance
sites; or
(4) any combination of the factors described in paragraphs (1),
(2), and (3).
SEC. 848. PROHIBITION ON COMPETITION BETWEEN DEPARTMENT OF DEFENSE
AND SMALL BUSINESSES FOR CERTAIN MAINTENANCE CONTRACTS.
(a) In General.--(1) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2304 the following new section:
``§2304a. Contracts: prohibition on competition between Department
of Defense and small businesses and certain other entities
``(a) Exclusion.--In any case in which the Secretary of Defense
plans to use competitive procedures for a procurement, if the
procurement is to be conducted as described in subsection (b), then the
Secretary shall exclude the Department of Defense from competing in the
procurement.
``(b) Procurement Description.--The requirement to exclude the
Department of Defense under subsection (a) applies in the case of a
procurement to be conducted by excluding from competition entities in
the private sector other than--
``(1) small business concerns in furtherance of section 8 or 15
of the Small Business Act (15 U.S.C. 637 or 644); or
``(2) entities described in subsection (a)(1) of section 2323 of
this title in furtherance of the goal specified in that
subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2304 the
following new item:
``2304a. Contracts: prohibition on competition between Department of
Defense and small businesses and certain other entities.''.
(b) Effective Date.--Section 2304a of title 10, United States Code,
as added by subsection (a), shall take effect on the date of the
enactment of this Act.
SEC. 849. BUY AMERICAN PROVISIONS.
(a) Compliance with Buy American Act.--No funds authorized to be
appropriated pursuant to this Act may be expended by an entity of the
Department of Defense unle
2000
ss the entity, in expending the funds,
complies with the Buy American Act.
(b) Prohibition of Contracts.--If the Secretary of Defense
determines that a person has been convicted of intentionally affixing a
label bearing a ``Made in America'' inscription to any product sold in
or shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of title 10,
United States Code, whether the person should be debarred from
contracting with the Department of Defense.
(c) Buy American Act Waiver Rescissions.--(1) If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(d) Definition.--For purposes of this section, the term ``Buy
American Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for the
fiscal year ending June 30, 1934, and for other purposes'', approved
March 3, 1933 (41 U.S.C. 10a et seq.).
SEC. 850. CLARIFICATION TO SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PROGRAM ACT.
The Small Business Competitiveness Demonstration Program Act of 1988
(15 U.S.C. 644 note) is amended--
(1) in section 732, by striking out the second sentence; and
(2) in section 717, by adding at the end the following new
subsection:
``(f) Size Standards.--
``(1) In general.--Any numerical size standard that is assigned
to a standard industrial classification code (or a subdivision of
such a code) for any of the designated industry groups described in
subsections (b), (c), and (d) of this section and that was in effect
on September 30, 1988, shall remain in effect for the duration of
the Program (as specified in section 711(c)).
``(2) Engineering services other than architectural and
engineering services.--The limitation imposed by paragraph (1) does
not preclude modification to the numerical size standard assigned to
those subdivisions of standard industrial classification code 8711
that are not subject to the Program, including--
``(A) engineering services--military and aerospace equipment
and military weapons;
``(B) engineering services--marine engineering and naval
architecture; or
``(C) any successor to a subdivision described in
subparagraph (A) or (B).''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense
SEC. 901. ENHANCED POSITION FOR COMPTROLLER OF DEPARTMENT OF
DEFENSE.
(a) In General.--Chapter 4 of title 10, United States Code, is
amended--
(1) by redesignating sections 135, 136, 138, 139, 140, and 141
as sections 137, 138, 139, 140, 141, and 142, respectively; and
(2) by transferring section 137 (relating to the Comptroller) so
as to appear after section 134a, redesignating that section as
section 135, and amending that section by adding at the end the
following new subsection:
``(d) The Comptroller takes precedence in the Department of Defense
after the Under Secretary of Defense for Policy.''.
(b) Executive Schedule III Pay Level.--Section 5314 of title 5,
United States Code, is amended by inserting after the item relating to
the Under Secretary of Defense for Policy the following:
``Comptroller of the Department of Defense.''.
(c) Conforming Amendment.--Subsection (d) of section 138 of title
10, United States Code, as redesignated by subsection (a), is amended by
inserting ``and Comptroller'' after ``Under Secretaries of Defense''.
SEC. 902. ADDITIONAL RESPONSIBILITIES OF THE COMPTROLLER.
(a) Chief Financial Officer.--(1) Section 135 of title 10, United
States Code, as redesignated and amended by section 901, is further
amended in subsection (b)--
(A) by inserting after ``(b)'' the following: ``The Comptroller
is the agency Chief Financial Officer of the Department of Defense
for the purposes of chapter 9 of title 31.''; and
(B) by inserting ``additional'' after ``shall perform such''.
(2) Section 5315 of title 5, United States Code, is amended by
striking out the following:
``Chief Financial Officer, Department of Defense.''.
(b) Congressional Information Responsibilities.--Such section is
further amended by adding after subsection (d), as added by section
901(a)(2), the following new subsection:
``(e) The Comptroller shall ensure that the Committees on Armed
Services and the Committees on Appropriations of the Senate and House of
Representatives are each informed, in a timely manner, regarding all
matters relating to the budgetary, fiscal, and analytic activities of
the Department of Defense that are under the supervision of the
Comptroller.''.
SEC. 903. NEW POSITION OF UNDER SECRETARY OF DEFENSE FOR PERSONNEL
AND READINESS.
(a) In General.--Chapter 4 of title 10, United States Code, is
amended by inserting after section 135, as transferred and redesignated
by section 901(a), the following new section:
``§136. Under Secretary of Defense for Personnel and Readiness
``(a) There is an Under Secretary of Defense for Personnel and
Readiness, appointed from civilian life by the President, by and with
the consent of the Senate.
``(b) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Personnel and
Readiness shall perform such duties and exercise such powers as the
Secretary of Defense may prescribe in the areas of military readiness,
total force management, military and civilian personnel requirements,
military and civilian personnel training, military and civilian family
matters, exchange, commissary, and nonappropriated fund activities,
personnel requirements for weapons support, National Guard and reserve
components, and health affairs.
``(c) The Under Secretary of Defense for Personnel and Readiness
takes precedence in the Department of Defense after the Comptroller.''.
(b) Executive Schedule III Pay Level.--Section 5314 of title 5,
United States Code, is amended by inserting after the item relating to
the Comptroller of the Department of Defense, as added by section
901(b), the following:
``Under Secretary of Defense for Personnel and Readiness.''.
(c) Offsetting Reduction in Number of Assistant Secretary of Defense
Positions.--(1) Subsection (a) of section 138 of title 10, United States
Code, as redesignated by section 901(a), is amended by striking out
``eleven'' and inserting in lieu thereof ``ten''.
(2) Section 5315 of title 5, United States Code, is amended by
striking out ``Assistant Secretaries of Defense (11)'' and inserting in
lieu thereof ``Assistant Secretaries of Defense (10)''.
SEC. 904. REDESIGNATION OF POSITIONS OF UNDER SECRETARYP AND DEPUTY
UNDER SECRETARY OF DEFENSE FOR ACQUISITION.
(a) Redesignations.--The office of Under Secretary of Defense for
Acquisition in the Department of Defense is hereby redesignated as Under
Secretary of Defense for Acquisition and Technology. The office of
Deputy Under Secretary of Defense for Acquisition in the Department of
Defense is hereby redesignated as Deputy Under Secretary of Defense for
Acquisition and Technology.
(b) USD Charter Amendments.--(1) Section 133 of title 10, Uni
2000
ted
States Code, is amended by striking out ``Under Secretary of Defense for
Acquisition'' in subsections (a), (b), and (e)(1) and inserting in lieu
thereof ``Under Secretary of Defense for Acquisition and Technology''.
(2) The heading for such section is amended to read as follows:
``§133. Under Secretary of Defense for Acquisition and
Technology''.
(c) DUSD Charter Amendments.--(1) Section 133a of such title is
amended by striking out ``Deputy Under Secretary of Defense for
Acquisition'' in subsections (a) and (b) and inserting in lieu thereof
``Deputy Under Secretary of Defense for Acquisition and Technology''.
(2) The heading for such section is amended to read as follows:
``§133a. Deputy Under Secretary of Defense for Acquisition and
Technology''.
(d) Conforming Amendments to Title 10, United States Code.--(1) The
following sections of title 10, United States Code, are amended by
striking out ``Under Secretary of Defense for Acquisition'' each place
such term appears (including section headings) and inserting in lieu
thereof ``Under Secretary of Defense for Acquisition and Technology'':
sections 134(c), 137(b) (as redesignated by section 901(a)), 139 (as
redesignated by section 901(a)), 171(a)(3), 179(a), 1702, 1703, 1707(a),
1722, 1735(c), 1737(c), 1741(b), 1746(a), 1761(b)(4), 1762(a), 1763,
2304(f), 2308(b), 2325(b), 2329, 2350a, 2369, 2399(b)(3), 2435(b)(2)(B),
2438(c), 2523(a), and 2534(b)(2).
(2) The item relating to section 1702 in the table of sections at
the beginning of subchapter I of chapter 87 of such title is amended to
read as follows:
``1702. Under Secretary of Defense for Acquisition and Technology:
authorities and responsibilities.''.
(3) Section 171(a)(8) of such title is amended by striking out
``Deputy Under Secretary of Defense for Acquisition'' and inserting in
lieu thereof ``Deputy Under Secretary of Defense for Acquisition and
Technology''.
(e) Conforming Amendments to Title 5, United States Code.--(1)
Section 5313 of title 5, United States Code, is amended by striking out
``Under Secretary of Defense for Acquisition'' and inserting in lieu
thereof ``Under Secretary of Defense for Acquisition and Technology''.
(2) Section 5314 of such title is amended by striking out ``Deputy
Under Secretary of Defense for Acquisition'' and inserting in lieu
thereof ``Deputy Under Secretary of Defense for Acquisition and
Technology''.
(f) References in Other Laws.--Any reference to the Under Secretary
of Defense for Acquisition or the Deputy Under Secretary of Defense for
Acquisition in any provision of law other than title 10, United States
Code, or in any rule, regulation, or other paper of the United States
shall be treated as referring to the Under Secretary of Defense for
Acquisition and Technology or the Deputy Under Secretary of Defense for
Acquisition and Technology, respectively.
SEC. 905. ASSISTANT SECRETARY OF DEFENSE FOR LEGISLATIVE AFFAIRS.
Section 138(b) of title 10, United States Code, as redesignated by
section 901(a)(1), is amended by adding at the end the following new
paragraph:
``(5) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Legislative Affairs. He shall have as his
principal duty the overall supervision of legislative affairs of the
Department of Defense.''.
SEC. 906. FURTHER CONFORMING AMENDMENTS TO CHAPTER 4 OF TITLE 10,
UNITED STATES CODE.
(a) Composition of OSD.--Subsection (b) of section 131 of title 10,
United States Code, is amended to read as follows:
``(b) The Office of the Secretary of Defense is composed of the
following:
``(1) The Deputy Secretary of Defense.
``(2) The Under Secretary of Defense for Acquisition and
Technology.
``(3) The Under Secretary of Defense for Policy.
``(4) The Comptroller.
``(5) The Under Secretary of Defense for Personnel and
Readiness.
``(6) The Director of Defense Research and Engineering.
``(7) The Assistant Secretaries of Defense.
``(8) The Director of Operational Test and Evaluation.
``(9) The General Counsel of the Department of Defense.
``(10) The Inspector General of the Department of Defense.
``(11) Such other offices and officials as may be established by
law or the Secretary of Defense may establish or designate in the
Office.''.
(b) Table of Sections.--The table of sections at the beginning of
chapter 4 of such title is amended to read as follows:
``Sec.
``131. Office of the Secretary of Defense.
``132. Deputy Secretary of Defense.
``133. Under Secretary of Defense for Acquisition and Technology.
``133a. Deputy Under Secretary of Defense for Acquisition and
Technology.
``134. Under Secretary of Defense for Policy.
``134a. Deputy Under Secretary of Defense for Policy.
``135. Comptroller.
``136. Under Secretary of Defense for Personnel and Readiness.
``137. Director of Defense Research and Engineering.
``138. Assistant Secretaries of Defense.
``139. Director of Operational Test and Evaluation.
``140. General Counsel.
``141. Inspector General.
``142. Assistant to the Secretary of Defense for Atomic Energy.''.
SEC. 907. DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
Subsection (c) of section 139 of title 10, United States Code, as
redesignated by section 901(a)(1), is amended--
(1) by striking out the first sentence;
(2) by striking out ``Director of Defense Research and
Engineering'' and inserting in lieu thereof ``Under Secretary of
Defense for Acquisition and Technology''; and
(3) by striking out ``research and development'' and inserting
in lieu thereof ``acquisition''.
Subtitle B--Professional Military Education
SEC. 921. CONGRESSIONAL FINDINGS CONCERNING PROFESSIONAL MILITARY
EDUCATION SCHOOLS.
The Congress finds that--
(1) the primary mission of the professional military education
schools of the Army, Navy, Air Force, and Marine Corps is to provide
military officers with expertise in their particular warfare
specialties and a broad and deep understanding of the major elements
of their own service;
(2) the primary mission of the joint professional military
education schools is to provide military officers with expertise in
the integrated employment of land, sea, and air forces, including
matters relating to national security strategy, national military
strategy, strategic planning and contingency planning, and command
and control of combat operations under unified command; and
(3) there is a continuing need to maintain professional military
education schools for the Armed Forces and separate joint
professional military education schools.
SEC. 922. AUTHORITY FOR AWARD BY NATIONAL DEFENSE UNIVERSITY OF
CERTAIN MASTER OF SCIENCE DEGREES.
(a) In General.--Chapter 108 of title 10, United States Code, is
amended by adding at the end the following new section:
``§2163. National Defense University: masters of science in
national security strategy and in national resource strategy
``(a) National War College Degree.--The President of the National
Defense University, upon the recommendation of the faculty and
commandant of the National War College, may confer the degree of master
of science of national security strategy upon graduates of the National
War College who fulfill the requirements for the degree.
``(b) ICAF Degree.--The President of the National Defense
University, upon the recommendation of the faculty and commandant of the
Industrial College of the Armed Forces, may confer the degree of master
of science of national resource strategy upon graduates of the
Industrial College of the Armed Forces who fulfill the requirements for
the degree.
``(c) Regulations.--The authority provided by subsections (a) and
(b) shall be exercised under regulations prescribed by the Secretary of
Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning o
2000
f
such chapter is amended by adding at the end the following new item:
``2163. National Defense University: masters of science in national
security strategy and in national resource strategy.''.
SEC. 923. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT GEORGE C.
MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.
(a) In General.--(1) Section 1595 of title 10, United States Code,
is amended to read as follows:
``§1595. Civilian faculty members at certain Department of Defense
schools: employment and compensation
``(a) Authority of Secretary.--The Secretary of Defense may employ
as many civilians as professors, instructors, and lecturers at the
institutions specified in subsection (c) as the Secretary considers
necessary.
``(b) Compensation of Faculty Members.--The compensation of persons
employed under this section shall be as prescribed by the Secretary.
``(c) Covered Institutions.--This section applies with respect to
the following institutions of the Department of Defense:
``(1) The National Defense University.
``(2) The Foreign Language Center of the Defense Language
Institute.
``(3) The George C. Marshall European Center for Security
Studies.
``(d) Application to Faculty Members at NDU.--(1) In the case of the
National Defense University, this section applies with respect to
persons selected by the Secretary for employment as professors,
instructors, and lecturers at the National Defense University after
February 27, 1990.
``(2) For purposes of this section, the National Defense University
includes the National War College, the Armed Forces Staff College, the
Institute for National Strategic Study, and the Industrial College of
the Armed Forces.
``(e) Application to Director and Deputy Director at George C.
Marshall Center.--In the case of the George C. Marshall European Center
for Security Studies, this section also applies with respect to the
Director and the Deputy Director.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 81 of such title is amended to read as follows:
``1595. Civilian faculty members at certain Department of Defense
schools: employment and compensation.''.
(b) Conforming Amendment.--Section 5102(c)(10) of title 5, United
States Code, as amended by section 533(c), is amended by inserting
``(and, in the case of the George C. Marshall European Center for
Security Studies, the Director and the Deputy Director)'' after
``professional military education school''.
Subtitle C--Joint Officer Personnel Policy
SEC. 931. REVISION OF GOLDWATER-NICHOLS REQUIREMENT OF SERVICE IN A
JOINT DUTY ASSIGNMENT BEFORE PROMOTION TO GENERAL OR FLAG GRADE.
(a) In General.--Chapter 36 of title 10, United States Code, is
amended by inserting after section 619 the following new section:
``§619a. Eligibility for consideration for promotion: joint duty
assignment required before promotion to general or flag grade;
exceptions
``(a) General Rule.--An officer on the active-duty list of the Army,
Navy, Air Force, or Marine Corps may not be appointed to the grade of
brigadier general or rear admiral (lower half) unless the officer has
completed a full tour of duty in a joint duty assignment (as described
in section 664(f) of this title).
``(b) Exceptions.--Subject to subsection (c), the Secretary of
Defense may waive subsection (a) in the following circumstances:
``(1) When necessary for the good of the service.
``(2) In the case of an officer whose proposed selection for
promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist.
``(3) In the case of--
``(A) a medical officer, dental officer, veterinary officer,
medical service officer, nurse, or biomedical science officer;
``(B) a chaplain; or
``(C) a judge advocate.
``(4) In the case of an officer selected by a promotion board
for appointment to the grade of brigadier general or rear admiral
(lower half) while serving in a joint duty assignment if--
``(A) at least 180 days of that joint duty assignment have
been completed on the date of the convening of that selection
board; and
``(B) the officer's total consecutive service in joint duty
assignments within that immediate organization is not less than
two years.
``(5) In the case of an officer who served in a joint duty
assignment that began before January 1, 1987, if the officer served
in that assignment for a period of sufficient duration (which may
not be less than 12 months) for the officer's service to have been
considered a full tour of duty under the policies and regulations in
effect on September 30, 1986.
``(c) Waiver To Be Individual.--A waiver may be granted under
subsection (b) only on a case-by-case basis in the case of an individual
officer.
``(d) Special Rule for Good-of-the-Service Waiver.--In the case of a
waiver under subsection (b)(1), the Secretary shall provide that the
first duty assignment as a general or flag officer of the officer for
whom the waiver is granted shall be in a joint duty assignment.
``(e) Limitation on Delegation of Waiver Authority.--The authority
of the Secretary of Defense to grant a waiver under subsection (b)
(other than under paragraph (1) of that subsection) may be delegated
only to the Deputy Secretary of Defense, an Under Secretary of Defense,
or an Assistant Secretary of Defense.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section. The regulations shall
specifically identify for purposes of subsection (b)(2) those categories
of officers for which selection for promotion to brigadier general or,
in the case of the Navy, rear admiral (lower half) is based primarily
upon scientific and technical qualifications for which joint
requirements do not exist.
``(g) Transition Waiver Authorities.--(1)(A) Until January 1, 1999,
the Secretary of Defense may waive subsection (a) in the case of an
officer who served in an assignment (other than a joint duty assignment)
that began before October 1, 1986, and that involved significant
experience in joint matters (as determined by the Secretary) if the
officer served in that assignment for a period of sufficient duration
(which may not be less than 12 months) for the officer's service to have
been considered a full tour of duty under the policies and regulations
in effect on September 30, 1986.
``(B) Of the total number of appointments to the grades of brigadier
general and rear admiral (lower half) for officers on the active-duty
lists of the Army, Navy, Air Force, and Marine Corps during each of the
years 1995 through 1999, the number in any such year that are made using
a waiver under subparagraph (A) may not exceed the applicable percentage
of such total determined as follows:
Applicable
``Year:
Percentage:
1995......................................................
205
1996......................................................
155
1997......................................................
105
1998......................................................
5.
``(C) The provisions of subsections (c) and (e) apply to waivers
under this paragraph in the same manner as to waivers under subsection
(b).
``(2) Until January 1, 1999, the Secretary of Defense may waive
subsection (d) in the case of an officer granted a waiver of subsection
(a) under the authority of subsection (b
2000
)(1).
``(3)(A) An officer described in subparagraph (B) may not be
appointed to the grade of lieutenant general or vice admiral until the
officer completes a full tour of duty in a joint duty assignment.
``(B) Subparagraph (A) applies to an officer--
``(i) who is promoted after January 1, 1994, to the grade of
brigadier general or rear admiral (lower half) and who receives a
waiver of subsection (a) under the authority of paragraph (1) of
this subsection; or
``(ii) who receives a waiver of subsection (d) under the
authority of paragraph (2) of this subsection.
``(h) Special Transition Rules for Nuclear Propulsion Officers.--(1)
Until January 1, 1997, an officer of the Navy designated as a qualified
nuclear propulsion officer may be appointed to the grade of rear admiral
(lower half) without regard to subsection (a). An officer so appointed
may not be appointed to the grade of rear admiral until the officer
completes a full tour of duty in a joint duty assignment.
``(2) Not later than March 1 of each year from 1994 through 1997,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
implementation during the preceding calendar year of the transition plan
developed by the Secretary pursuant to section 1305(b) of Public Law
100-180 (10 U.S.C. 619a note) with respect to service by qualified
nuclear propulsion officers in joint duty assignments.''.
(b) Conforming Repeal.--Section 619 of title 10, United States Code,
is amended by striking out subsection (e).
(c) Clerical Amendments.--(1) The heading of section 619 is amended
to read as follows:
``§619. Eligibility for consideration for promotion: time-in-grade
and other requirements.
(2) The table of sections at the beginning of subchapter II of
chapter 36 of such title is amended by striking out the item relating to
section 619 and inserting in lieu thereof the following new items:
``619. Eligibility for consideration for promotion: time-in-grade and
other requirements.
``619a. Eligibility for consideration for promotion: joint duty
assignment required before promotion to general or flag grade;
exceptions.''.
(d) Report on Plans for Compliance With Section 619a.--Not later
than February 1, 1994, the Secretary of Defense shall certify to
Congress that the Army, Navy, Air Force, and Marine Corps have each
developed and implemented a plan for their officer personnel assignment
and promotion policies so as to ensure compliance with the requirements
of section 619a of title 10, United States Code, as added by subsection
(a). Each such plan should particularly ensure that by January 1, 1999,
the service covered by the plan shall have enough officers who have
completed a full tour of duty in a joint duty assignment so as to permit
the orderly promotion of officers to brigadier general or, in the case
of the Navy, rear admiral (lower half) pursuant to the requirements of
chapter 38 of title 10, United States Code.
(e) Additional Information To Be Included in Next Five Annual Joint
Officer Policy Reports.--The Secretary of Defense shall include as part
of the information submitted to Congress pursuant to section 667 of
title 10, United States Code, for each of the next five years after the
date of the enactment of this Act the following:
(1) The degree of progress made toward meeting the requirements
of section 619a of title 10, United States Code.
(2) The compliance achieved with each of the plans developed
pursuant to subsection (d).
(f) Extension of Transition Plan for Nuclear Propulsion Officers.--
(1) Section 1305(b) of Public Law 101-180 (10 U.S.C. 619a note) is
amended by striking out ``January 1, 1994'' each place it appears and
inserting in lieu thereof ``January 1, 1997''.
(2) The Secretary of Defense, after consultation with the Chairman
of the Joint Chiefs of Staff, shall revise the transition plan developed
pursuant to section 1305(b) of Public Law 101-180 to take account of the
amendments made by subsection (a) and by paragraph (1) of this
subsection. The Secretary shall include with the next report of the
Secretary after the date of the enactment of this Act under section
619a(h)(2) of title 10, United States Code, as added by subsection (a),
a report on the actions of the Secretary in revising such transition
plan.
(3) Such section is further amended by striking out ``nuclear
populsion'' in paragraph (1)(B) and inserting in lieu thereof ``nuclear
propulsion''.
SEC. 932. JOINT DUTY CREDIT FOR CERTAIN DUTY PERFORMED DURING
OPERATIONS DESERT SHIELD AND DESERT STORM.
(a) Authority To Give Joint Duty Credit.--(1) An officer described
in paragraph (2) may (subject to paragraph (3)) be given credit for
service in a joint duty assignment pursuant to the provisions of section
933 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2476; 10 U.S.C. 664 note),
notwithstanding the expiration (under subsection (e) of that section) of
authority to give such credit under that section.
(2) Paragraph (1) applies--
(A) in the case of an officer who was recommended for such
credit under subsection (a)(3) of that section before the expiration
(under subsection (e) of that section) of authority to give such
credit, but for whom such credit either was denied or was granted as
credit for less than a full tour of duty in a joint duty assignment;
and
(B) in the case of an officer who did not submit a timely
request for consideration for such credit.
(3)(A) In the case of an officer described in paragraph (2)(A),
joint duty credit may be granted by reason of this subsection only if
the Secretary determines that the decision not to give the credit or not
to give greater credit, as the case may be, to that officer was
incorrect.
(B) In the case of an officer described in paragraph (2)(B), joint
duty credit may be granted by reason of this subsection only if the
Secretary determines that the officer's ability to submit a timely
request was impaired by involvement of the officer in an operational
assignment and, as a result of the failure to submit such a timely
request, the officer was not recommended for such credit.
(b) Duration of Authority.--Subsection (a) expires at the end of the
90-day period beginning on the date of the enactment of this Act.
(c) Clarification of Intended Relationship Between Credit and
Promotions.--(1) Section 933(a)(1) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2476; 10 U.S.C.
644 note) is amended by striking out ``chapter 38 of'' and inserting in
lieu thereof ``any provision of''.
(2) Any joint duty service credit given to an officer under section
933(a)(1) of the National Defense Authorization Act for Fiscal Year 1993
before the date of the enactment of this Act may be applied to any
provision of title 10, United States Code.
SEC. 933. FLEXIBILITY FOR REQUIRED POST-EDUCATION JOINT DUTY
ASSIGNMENT.
(a) In General.--Subsection (d) of section 663 of title 10, United
States Code, is amended to read as follows:
``(d) Post-Education Joint Duty Assignments.--(1) The Secretary of
Defense shall ensure that each officer with the joint specialty who
graduates from a joint professional military education school shall be
assigned to a joint duty assignment for that officer's next duty
assignment after such graduation (unless the officer receives a waiver
of that requirement by the Secretary in an individual case).
``(2)(A) The Secretary of Defense shall ensure that a high
proportion (which shall be greater than 50 percent) of the officers
graduating from a joint professional military education school who do
not have the joint specialty shall receive assignments to a joint duty
assignment as their next duty assignment after such graduation or, to
the extent authorized in subparagraph (B), as t
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heir second duty
assignment after such graduation.
``(B) The Secretary may, if the Secretary determines that it is
necessary to do so for the efficient management of officer personnel,
establish procedures to allow up to one-half of the officers subject to
the joint duty assignment requirement in subparagraph (A) to be assigned
to a joint duty assignment as their second (rather than first)
assignment after such graduation from a joint professional military
education school.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to officers graduating from joint professional
military education schools after the date of the enactment of this Act.
Subtitle D--Other Matters
SEC. 941. ARMY RESERVE COMMAND.
Section 903 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1620; 10 U.S.C. 3074 note) is
amended--
(1) in subsection (a), by striking out ``shall be a major
subordinate command of Forces Command'' and inserting in lieu
thereof ``shall be a separate command of the Army commanded by the
Chief, Army Reserve'';
(2) in subsection (b)(2), by striking out ``Commander-in-Chief,
Forces Command'' and inserting in lieu thereof ``Commander-in-Chief,
United States Atlantic Command''; and
(3) by striking out subsections (c) through (e).
SEC. 942. FLEXIBILITY IN ADMINISTERING REQUIREMENT FOR ANNUAL FOUR
PERCENT REDUCTION IN NUMBER OF PERSONNEL ASSIGNED TO HEADQUARTERS
AND HEADQUARTERS SUPPORT ACTIVITIES.
Section 906(a) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1622) is amended by adding at
the end the following: ``If the number by which the number of such
personnel is reduced during any of fiscal years 1991, 1992, 1993, or
1994 is greater than the number required under the preceding sentence,
the excess number from that fiscal year may be applied by the Secretary
toward the required reduction during a subsequent fiscal year (so that
the total reduction under this section need not exceed the number equal
to five times the required reduction number specified under the
preceding sentence).''.
SEC. 943. REPORT ON DEPARTMENT OF DEFENSE BOTTOM UP REVIEW.
(a) Report Required.--The Secretary of Defense shall submit, in
classified and unclassified forms, to the Committees on Armed Services
of the Senate and House of Representatives a report on aspects of the
comprehensive review of Department of Defense activities ordered by the
Secretary of Defense and identified as the ``Bottom Up Review''
(hereinafter in this section referred to as the ``Review'') that were
not included in the October 1993 Department of Defense report entitled
``Report on the Bottom-Up Review''. The report shall include the
following information:
(1) A presentation of the process, structure, and scope of the
Review, including all programs and policies examined by the Review.
(2) The various force structure, strategy, budgetary, and
programmatic options considered as part of the Review.
(3) A description of any threat assessment or defense planning
scenario used in conducting the Review.
(4) The criteria used in the development, review, and selection
of the alternative strategy, force structure, programmatic,
budgetary, and other options considered in the Review.
(5) A detailed description and break out of the resource savings
and costs resulting from the recommendations stated in the October
1993 Department of Defense report entitled ``Report on the Bottom-Up
Review''.
(6) Presentation of changes as a result of the Review in each of
the following:
(A) The National Security Strategy of the United States, as
described in the January 1993 report entitled ``National
Security Strategy of the United States'', issued by former
President Bush.
(B) The National Military Strategy of the United States, as
described in the January 1993 report entitled ``Annual Report to
the President and the Congress'' from former Secretary of
Defense Cheney.
(C) The military force structure and active and reserve
personnel end strength, as described in the January 1993 report
entitled ``Annual Report to the President and the Congress''
from former Secretary of Defense Cheney.
(D) The roles and functions of the military departments and
the roles and functions of the unified commands as set out in
the Unified Command Plan.
(E) Cost, schedule, and inventory objectives for major
defense acquisition programs (as defined in section 2430 of
title 10, United States Code) altered as a result of the Review.
(b) Deadline.--The report required by subsection (a) shall be
submitted not later than the date on which the budget for fiscal year
1995 is submitted to Congress pursuant to section 1105 of title 31,
United States Code.
SEC. 944. REPEAL OF TERMINATION OF REQUIREMENT FOR A DIRECTOR OF
EXPEDITIONARY WARFARE IN THE OFFICE OF THE CHIEF OF NAVAL
OPERATIONS.
Subsection (e) of section 5038 of title 10, United States Code, is
repealed.
SEC. 945. CINC INITIATIVE FUND.
Of the amounts authorized to be appropriated pursuant to section 301
for Defense-wide activities, $30,000,000 shall be made available for the
CINC Initiative Fund.
Subtitle E--Commission on Roles and Missions of the Armed Forces
SEC. 951. FINDINGS.
Congress makes the following findings:
(1) The current allocation of roles and missions among the Armed
Forces evolved from the practice during World War II to meet the
Cold War threat and may no longer be appropriate for the post-Cold
War era.
(2) Many analysts believe that a realignment of those roles and
mission is essential for the efficiency and effectiveness of the
Armed Forces, particularly in light of lower budgetary resources
that will be available to the Department of Defense in the future.
(3) The existing process of a triennial review of roles and
missions by the Chairman of the Joint Chiefs of Staff pursuant to
provisions of law enacted by the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 has not produced the
comprehensive review envisioned by Congress.
(4) It is difficult for any organization, and may be
particularly difficult for the Department of Defense, to reform
itself without the benefit and authority provided by external
perspectives and analysis.
SEC. 952. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the Commission on Roles and Missions of the Armed Forces
(hereinafter in this subtitle referred to as the ``Commission'').
(b) Composition and Qualifications.--(1) The Commission shall be
composed of seven members. Members of the Commission shall be appointed
by the Secretary of Defense.
(2) The Commission shall be appointed from among private United
States citizens with appropriate and diverse military, organizational,
and management experiences and historical perspectives.
(3) The Secretary shall designate one of the members as chairman of
the Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Organizational Requirements.--(1) The Secretary shall
make all appointments to the Commission within 45 days after the date of
the enactment of this Act.
(2) The Commission shall convene its first meeting within 30 days
after the first date on which all members of the Commission have been
appointed. At that meeting, the Commission shall develop an agenda and a
schedule for carrying out its duties.
SEC. 953. DUTIES OF COMMIS
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SION.
(a) In General.--The Commission shall--
(1) review the efficacy and appropriateness for the post-Cold
War era of the current allocations among the Armed Forces of roles,
missions, and functions;
(2) evaluate and report on alternative allocations of those
roles, missions, and functions; and
(3) make recommendations for changes in the current definition
and distribution of those roles, missions, and functions.
(b) Review of Potential Military Operations.--The Commission shall
review the types of military operations that may be required in the
post-Cold War era, taking into account the requirements for success in
various types of operations. As part of such review, the Commission
shall take into consideration the official strategic planning of the
Department of Defense. The types of operations to be considered by the
Commission as part of such review shall include the following:
(1) Defense of the United States.
(2) Warfare against other national military forces.
(3) Participation in peacekeeping, peace enforcement, and other
nontraditional activities.
(4) Action against nuclear, chemical, and biological weapons
capabilities in hostile hands.
(5) Support of law enforcement.
(6) Other types of operations as specified by the chairman of
the Commission.
(c) Commission To Define Broad Mission Areas and Key Support
Requirements.--As a result of the review under subsection (b), the
Commission shall define broad mission areas and key support requirements
for the United States military establishment as a whole.
(d) Development of Conceptual Framework for Organizational
Allocations.--The Commission shall develop a conceptual framework for
the review of the organizational allocation among the Armed Forces of
military roles, missions, and functions. In developing that framework,
the Commission shall consider--
(1) static efficiency (such as duplicative overhead and
economies of scale);
(2) dynamic effectiveness (including the benefits of competition
and the effect on innovation);
(3) interoperability, responsiveness, and other aspects of
military effectiveness in the field;
(4) gaps in mission coverage and so-called orphan missions that
are inadequately served by existing organizational entities;
(5) division of responsibility on the battlefield;
(6) exploitation of new technology and operational concepts;
(7) the degree of disruption that a change in roles and missions
would entail; and
(8) the experience of other nations.
(e) Recommendations Concerning Military Roles and Missions.--Based
upon the conceptual framework developed under subsection (d) to evaluate
possible changes to the existing allocation among the Armed Forces of
military roles, missions, and functions, the Commission shall
recommend--
(1) the functions for which each military department should
organize, train, and equip forces;
(2) the missions of combatant commands; and
(3) the roles that Congress should assign to the various
military elements of the Department of Defense.
(f) Recommendations Concerning Civilian Elements of Department of
Defense.--The Commission may address the roles, missions, and functions
of civilian portions of the Department of Defense and other national
security agencies to the extent that changes in these areas are
collateral to changes considered in military roles, missions, and
functions.
(g) Recommendations Concerning Process for Future Changes.--The
Commission shall also recommend a process for continuing to adapt the
roles, missions, and functions of the Armed Forces to future changes in
technology and in the international security environment.
SEC. 954. REPORTS.
(a) Implementation Plan.--Not later than three months after the date
on which all members of the Commission have been appointed, the
Commission shall transmit to the Committees on Armed Services of the
Senate and House of Representatives a report setting forth its plan for
the work of the Commission. The plan shall be developed following
discussions with the Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, and the chairmen of those committees.
(b) Commission Report.--The Commission shall, not later than one
year after the date of its first meeting, submit to the committees named
in subsection (a) and to the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff a report setting forth the activities,
findings, and recommendations of the Commission, including any
recommendations for legislation that the Commission considers advisable.
(c) Action by Secretary of Defense.--The Secretary of Defense, after
consultation with the Chairman of the Joint Chiefs of Staff, shall
submit comments on the Commission's report to the committees referred to
in subsection (b) not later than 90 days following receipt of the
report.
SEC. 955. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this subtitle, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense and any other Federal department or agency any
information that the Commission considers necessary to enable the
Commission to carry out its responsibilities under this subtitle. Upon
request of the chairman of the Commission, the head of such department
or agency shall furnish such information expeditiously to the
Commission.
SEC. 956. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
chairman.
(b) Quorum.--(1) Four members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(2) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(c) Panels.--The Commission may establish panels composed of less
than the full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the findings
and determinations of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this subtitle.
SEC. 957. PERSONNEL MATTERS.
(a) Pay of Members.--Each member of the Commission shall be paid at
a rate equal to the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section 5316 of
title 5, United States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or employees
of the United States shall serve without pay in addition to that
received for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing appointments
in the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties. The appointment of a staff director shall be subject to the
ap
2000
proval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for the staff
director may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay for other
personnel may not exceed the maximum rate payable for grade GS-15 of the
General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman of
the Commission, the head of any Federal department or agency may detail,
on a nonreimbursable basis, any personnel of that department or agency
to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 958. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the United
States mails and obtain printing and binding services in the same manner
and under the same conditions as other departments and agencies of the
Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a reimbursable
basis, any administrative and support services requested by the
Commission.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(d) Travel.--To the maximum extent practicable, the members and
employees of the Commission shall travel on military aircraft, military
ships, military vehicles, or other military conveyances when travel is
necessary in the performance of a responsibility of the Commission,
except that no such aircraft, ship, vehicle, or other conveyance may be
scheduled primarily for the transportation of any such member or
employee when the cost of commercial transportation is less expensive.
SEC. 959. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, and per diem allowances of
members and employees of the Commission shall be paid out of funds
available to the Department of Defense for the payment of compensation,
travel allowances, and per diem allowances, respectively, of civilian
employees of the Department of Defense. The other expenses of the
Commission shall be paid out of funds available to the Department of
Defense for the payment of similar expenses incurred by that Department.
SEC. 960. TERMINATION OF THE COMMISSION.
The Commission shall terminate on the last day of the sixteenth
month that begins after the date of its first meeting, but not earlier
than 30 days after the date of the Secretary of Defense's submission of
comments on the Commission's report.
TITLE X--ENVIRONMENTAL PROVISIONS
SEC. 1001. ANNUAL ENVIRONMENTAL REPORTS.
(a) Report on Environmental Restoration Activities.--Subsection (a)
of section 2706 of title 10, United States Code, is amended to read as
follows:
``(a) Report on Environmental Restoration Activities.--(1) The
Secretary of Defense shall submit to the Congress each year, not later
than 30 days after the date on which the President submits to the
Congress the budget for a fiscal year, a report on the progress made by
the Secretary in carrying out environmental restoration activities at
military installations.
``(2) Each such report shall include, with respect to environmental
restoration activities for each military installation, the following:
``(A) A statement of the number of sites at which a hazardous
substance has been identified.
``(B) A statement of the status of response actions proposed for
or initiated at the military installation.
``(C) A statement of the total cost estimated for such response
actions.
``(D) A statement of the amount of funds obligated by the
Secretary for such response actions, and the progress made in
implementing the response actions during the fiscal year preceding
the year in which the report is submitted, including an explanation
of--
``(i) any cost overruns for such response actions, if the
amount of funds obligated for those response actions exceeds the
estimated cost for those response actions by the greater of 15
percent of the estimated cost or $10,000,000; and
``(ii) any deviation in the schedule (including a milestone
schedule specified in an agreement, order, or mandate) for such
response actions of more than 180 days.
``(E) A statement of the amount of funds allocated by the
Secretary for, and the anticipated progress in implementing, such
response actions during the fiscal year in which the report is
submitted.
``(F) A statement of the amount of funds requested for such
response actions for the five fiscal years following the fiscal year
in which the report is submitted, and the anticipated progress in
implementing such response actions for the fiscal year for which the
budget is submitted.
``(G) A statement of the total costs incurred for such response
actions as of the date of the submission of the report.
``(H) A statement of the estimated cost of completing all
environmental restoration activities required with respect to the
military installation, including, where relevant, the estimated cost
of such activities in each of the five fiscal years following the
fiscal year in which the report is submitted.
``(I) A statement of the estimated schedule for com-P pleting
all environmental restoration activities at the military
installation.
(b) Report on Environmental Compliance Activities.--Subsection (b)
of section 2706 of such title is amended to read as follows:
``(b) Report on Environmental Compliance Activities.--(1) The
Secretary of Defense shall submit to the Congress each year, not later
than 30 days after the date on which the President submits to the
Congress the budget for a fiscal year, a report on the progress made by
the Secretary in carrying out environmental compliance activities at
military installations.
``(2) Each such report shall include the following:
``(A) A statement of the funding levels and full-time personnel
required for the Department of Defense to comply with applicable
environmental laws during the fiscal year for which the budget is
submitted, setting forth separately the funding levels and personnel
required for the Department of Defense as a whole and for each
military installation.
``(B) A statement of the funding levels and full-time personnel
requested for such purposes in the budget submitted by the President
at the same time as the report, including--
``(i) an explanation of any differences between the funding
level and personnel requirements and the funding level and
personnel requests in the budget; and
``(ii) a statement setting forth separately the funding
levels and full-time personnel requested for the Department of
Defense as a whole and for each military installation.
``(C) A projection of the funding levels and the number of full-
time personnel that will be required over the five fiscal years
following the fiscal year in which the report is submitted for the
Department of Defense to comply with applicable environmental laws,
setting forth separately such projections for the Department of
Defense as a whole and for each military installation.
``(D) An analysis of the effect that compl
2000
iance with such
environmental laws may have on the operations and mission
capabilities of the Department of Defense as a whole and of each
military installation.
``(E) A statement of the funding levels requested in the budget
submitted by the President at the same time as the report for
carrying out research, development, testing, and evaluation for
environmental purposes or environmental activities of the Department
of Defense. The statement shall set forth separately the funding
levels requested for the Department of Defense as a whole and for
each military department and Defense Agency.
``(F) A description of the number and duties of all current
full-time civilian and military personnel who carry out
environmental activities (including research) for the Department of
Defense, including a description of the organizational structure of
such personnel from the Secretary of Defense down to the military
installation level.
``(G) A statement of the funding levels and personnel required
for the Department of Defense to comply with applicable
environmental requirements for military installations located
outside the United States during the fiscal year for which the
budget is submitted.''.
(c) Report on Contractor Reimbursement Costs.--Section 2706 of such
title is amended by adding at the end the following new subsection:
``(c) Report on Contractor Reimbursement Costs.--(1) The Secretary
of Defense shall submit to the Congress each year, not later than 30
days after the date on which the President submits to the Congress the
budget for a fiscal year, a report on payments made by the Secretary to
defense contractors for the costs of environmental response actions.
``(2) Each such report shall include, for the fiscal year preceding
the year in which the report is submitted, the following:
``(A) An estimate of the payments made by the Secretary to any
defense contractor (other than a response action contractor) for the
costs of environmental response actions at facilities owned or
operated by the defense contractor or at which the defense
contractor is liable in whole or in part for the environmental
response action.
``(B) A statement of the amount and current status of any
pending requests by any defense contractor (other than a response
action contractor) for payment of the costs of environmental
response actions at facilities owned or operated by the defense
contractor or at which the defense contractor is liable in whole or
in part for the environmental response action.''.
(d) Definitions.--Section 2706 of such title, as amended by
subsection (c), is further amended by adding at the end the following
new subsection:
``(d) Definitions.--In this section:
``(1) The term `defense contractor'--
``(A) means an entity (other than an entity referred to in
subparagraph (B)) that is one of the top 100 entities receiving
the largest dollar volume of prime contract awards by the
Department of Defense during the fiscal year covered by the
report; and
``(B) does not include small business concerns, commercial
companies (or segments of commercial companies) providing
commercial items to the Department of Defense.
``(2) The term `military installation' has the meaning given
such term in section 2687(e) of this title, except that such term
does not include a homeport facility for any ship and includes--
``(A) each facility or site owned by, leased to, or
otherwise possessed by the United States and under the
jurisdiction of the Secretary of Defense;
``(B) each facility or site which was under the jurisdiction
of the Secretary and owned by, leased to, or otherwise possessed
by the United States at the time of actions leading to
contamination by hazardous substances; and
``(C) each facility or site at which the Secretary is
conducting environmental restoration activities.
``(3) The term `response action contractor' has the meaning
given such term in section 119(e)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9619(e)(2)).''.
(e) Time of Submission of Certain Reports.--(1) A report submitted
in 1994 under subsection (a) of section 2706 of title 10, United States
Code, as amended by subsection (a), and under subsection (b) of such
section, as amended by subsection (b), shall be submitted not later than
March 31, 1994.
(2) A report under subsection (c) of section 2706 of such title, as
added by subsection (c), shall be submitted for fiscal years beginning
with fiscal year 1993. Any such report that is submitted for fiscal year
1993 or fiscal year 1994 shall be submitted not later than February 1,
1995.
SEC. 1002. INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTY
FOR RELEASES OF PETROLEUM AND PETROLEUM DERIVATIVES.
Section 330 of the National Defense Authorization Act for Fiscal
Year 1993 (10 U.S.C. 2687 note) is amended by striking out ``hazardous
substance or pollutant or contaminant'' in subsections (a) and (d) and
inserting in lieu thereof ``hazardous substance, pollutant or
contaminant, or petroleum or petroleum derivative''.
SEC. 1003. SHIPBOARD PLASTIC AND SOLID WASTE CONTROL.
(a) Compliance by Navy Ships with Certain Pollution Control
Conventions.--Subsection (b)(2)(A) of section 3 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902) is amended by striking out ``after
5 years'' and all that follows and inserting in lieu thereof ``as
follows:
``(i) After December 31, 1993, to all ships referred to in
paragraph (1)(A) of this subsection other than those owned or
operated by the Department of the Navy.
``(ii) Except as provided in subsection (c) of this section,
after December 31, 1998, to all ships referred to in paragraph
(1)(A) of this subsection other than submersibles owned or operated
by the Department of the Navy.
``(iii) Except as provided in subsection (c) of this section,
after December 31, 2008, to all ships referred to in paragraph
(1)(A) of this subsection.''.
(b) Special Area Discharges.--Section 3 of such Act is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Discharges in Special Areas.--(1) Not later than December 31,
2000, all surface ships owned or operated by the Department of the Navy,
and not later than December 31, 2008, all submersibles owned or operated
by the Department of the Navy, shall comply with the special area
requirements of Regulation 5 of Annex V to the Convention.
``(2) Not later than 3 years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1994, the Secretary
of the Navy shall, in consultation with the Secretary of State, the
Secretary of Commerce, the Secretary of Transportation, and the
Administrator of the Environmental Protection Agency, submit to the
Congress a plan for the compliance by all ships owned or operated by the
Department of the Navy with the requirements set forth in paragraph (1)
of this subsection. Such plan shall be submitted after opportunity for
public participation in its preparation, and for public review and
comment.
``(3) If the Navy plan for compliance demonstrates that compliance
with the requirements set forth in paragraph (1) of this subsection is
not technologically feasible in the case of certain ships under certain
circumstances, the plan shall include information describing--
``(A) the ships for which full compliance with the requirements
of paragraph (1) of this subsection is not technologically feasible;
``(B) the technical and operational impediments to achievin
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g
such compliance;
``(C) a proposed alternative schedule for achieving such
compliance as rapidly as is technologically feasible; and
``(D) such other information as the Secretary of the Navy
considers relevant and appropriate.
``(4) Upon receipt of the compliance plan under paragraph (2) of
this subsection, the Congress may modify the applicability of paragraph
(1) of this subsection, as appropriate.''.
(c) Compliance Measures.--Section 3 of such Act is amended by
inserting after subsection (d), as redesignated by subsection (b)(1),
the following new subsection:
``(e) Compliance by Excluded Vessels.--(1) The Secretary of the Navy
shall develop and, as appropriate, support the development of
technologies and practices for solid waste management aboard ships owned
or operated by the Department of the Navy, including technologies and
practices for the reduction of the waste stream generated aboard such
ships, that are necessary to ensure the compliance of such ships with
Annex V to the Convention on or before the dates referred to in
subsections (b)(2)(A) and (c)(1) of this section.
``(2) Notwithstanding any effective date of the application of this
section to a ship, the provisions of Annex V to the Convention with
respect to the disposal of plastic shall apply to ships equipped with
plastic processors required for the long-term collection and storage of
plastic aboard ships of the Navy upon the installation of such
processors in such ships.
``(3) Except when necessary for the purpose of securing the safety
of the ship, the health of the ship's personnel, or saving life at sea,
it shall be a violation of this Act for a ship referred to in subsection
(b)(1)(A) of this section that is owned or operated by the Department of
the Navy:
``(A) With regard to a submersible, to discharge buoyant garbage
or garbage that contains more than the minimum amount practicable of
plastic.
``(B) With regard to a surface ship, to discharge plastic
contaminated by food during the last 3 days before the ship enters
port.
``(C) With regard to a surface ship, to discharge plastic,
except plastic that is contaminated by food, during the last 20 days
before the ship enters port.
``(4) The Secretary of Defense shall publish in the Federal
Register:
``(A) Beginning on October 1, 1994, and each year thereafter
until October 1, 2000, the amount and nature of the discharges in
special areas, not otherwise authorized under Annex V to the
Convention, during the preceding year from ships referred to in
subsection (b)(1)(A) of this section owned or operated by the
Department of the Navy.
``(B) Beginning on October 1, 1996, and each year thereafter
until October 1, 1998, a list of the names of such ships equipped
with plastic processors pursuant to section 1003(e) of the National
Defense Authorization Act for Fiscal Year 1994.''.
(d) Waiver Authority.--Section 3 of such Act, as amended by
subsection (c), is further amended by inserting after subsection (e) the
following new subsection:
``(f) Waiver Authority.--The President may waive the effective dates
of the requirements set forth in subsection (c) of this section and in
subsection 1003(e) of the National Defense Authorization Act for Fiscal
Year 1994 if the President determines it to be in the paramount interest
of the United States to do so. Any such waiver shall be for a period not
in excess of one year. The President shall submit to the Congress each
January a report on all waivers from the requirements of this section
granted during the preceding calendar year, together with the reasons
for granting such waivers.''.
(e) Other Actions.--(1) Not later than October 1, 1994, the
Secretary of the Navy shall release a request for proposals for
equipment (hereinafter in this subsection referred to as ``plastics
processor'') required for the long-term collection and storage of
plastic aboard ships owned or operated by the Navy.
(2) Not later than July 1, 1996, the Secretary shall install the
first production unit of the plastics processor on board a ship owned or
operated by the Navy.
(3) Not later than March 1, 1997, the Secretary shall complete the
installation of plastics processors on board not less than 25 percent of
the ships owned or operated by the Navy that require plastics processors
to comply with section 3 of the Act to Prevent Pollution from Ships, as
amended by subsections (a), (b), and (c) of this section.
(4) Not later than July 1, 1997, the Secretary shall complete the
installation of plastics processors on board not less than 50 percent of
the ships owned or operated by the Navy that require processors to
comply with section 3 of such Act, as amended by subsections (a), (b),
and (c) of this section.
(5) Not later than July 1, 1998, the Secretary shall complete the
installation of plastics processors on board not less than 75 percent of
the ships owned or operated by the Navy that require processors to
comply with section 3 of such Act, as amended by subsections (a), (b),
and (c) of this section.
(6) Not later than December 31, 1998, the Secretary shall complete
the installation of plastics processors on board all ships owned or
operated by the Navy that require processors to comply with section 3 of
such Act, as amended by subsections (a), (b), and (c) of this section.
(f) Definition.--Section 2(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901(a)) is amended--
(1) by striking out ``and'' at the end of paragraph (8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new paragraph
(9):
``(9) `submersible' means a submarine, or any other vessel
designed to operate under water; and''.
SEC. 1004. EXTENSION OF APPLICABILITY PERIOD FOR REIMBURSEMENT FOR
CERTAIN LIABILITIES ARISING UNDER HAZARDOUS WASTE CONTRACTS.
Section 2708(b)(1) of title 10, United States Code, is amended by
striking out ``and 1993'' and inserting in lieu thereof ``through
1996''.
SEC. 1005. PROHIBITION ON THE PURCHASE OF SURETY BONDS AND OTHER
GUARANTIES FOR THE DEPARTMENT OF DEFENSE.
No funds appropriated or otherwise made available to the Department
of Defense for fiscal year 1994 may be obligated or expended for the
purchase of surety bonds or other guaranties of financial responsibility
in order to guarantee the performance of any direct function of the
Department of Defense.
TITLE XI--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1101. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) 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
1994 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations that the Secretary of Defense
may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary of Defense shall promptly
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notify Congress of transfers made under the authority of this section.
SEC. 1102. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.
No funds are authorized to be appropriated under this Act for the
Department of Justice.
SEC. 1103. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee of conference to accompany the bill H.R. 2401 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 pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for that program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1104. REVISION OF DATE FOR SUBMITTAL OF JOINT REPORT ON SCORING OF
BUDGET OUTLAYS.
Section 226(a) of title 10, United States Code, is amended--
(1) by striking out ``Not later than'' and all that follows
through ``section 1105 of title 31'', and inserting in lieu thereof
``Not later than December 15 of each year''; and
(2) in paragraph (1), by striking out ``that budget'' and
inserting in lieu thereof ``the budget to be submitted to Congress
in the following year pursuant to section 1105 of title 31''.
SEC. 1105. COMPTROLLER GENERAL AUDITS OF ACCEPTANCE BY DEPARTMENT OF
DEFENSE OF PROPERTY, SERVICES, AND CONTRIBUTIONS.
(a) Property and Services From Foreign Countries in Connection With
Certain Agreements.--Subsection (d) of section 2350g of title 10, United
States Code, is amended to read as follows:
``(d) Periodic Audits by GAO.--The Comptroller General of the United
States shall make periodic audits of money and property accepted under
this section, at such intervals as the Comptroller General determines to
be warranted. The Comptroller General shall submit to Congress a report
on the results of each such audit.''.
(b) Defense Cooperation Account.--(1) Subsection (i) of section 2608
of such title is amended to read as follows:
``(i) Periodic Audits by GAO.--The Comptroller General of the United
States shall make periodic audits of money and property accepted under
this section, at such intervals as the Comptroller General determines to
be warranted. The Comptroller General shall submit to Congress a report
on the results of each such audit.''.
(2) The heading of such section is amended to read as follows:
``§2608. Acceptance of contributions for defense programs,
projects, and activities; Defense Cooperation Account''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 155 of such title is amended to read as
follows:
``2608. Acceptance of contributions for defense programs, projects, and
activities; Defense Cooperation Account.''.
SEC. 1106. LIMITATION ON TRANSFERRING DEFENSE FUNDS TO OTHER DEPARTMENTS
AND AGENCIES.
(a) In General.--(1) Chapter 131 of title 10, United States Code, is
amended by inserting after section 2214 the following new section:
``§2215. Transfer of funds to other departments and agencies:
limitation
``Funds available for military functions of the Department of
Defense may not be made available to any other department or agency of
the Federal Government pursuant to a provision of law enacted after
November 29, 1989, unless, not less than 30 days before such funds are
made available to such other department or agency, the Secretary of
Defense submits to the Committees on Armed Services and the Committees
on Appropriations of the Senate and House of Representatives a
certification that making those funds available to such other department
or agency is in the national security interest of the United States.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2214 the
following new item:
``2215. Transfer of funds to other departments and agencies:
limitation.''.
(b) Conforming Repeal.--Section 1604 of Public Law 101-189 (103
Stat. 1598) is repealed.
SEC. 1107. SENSE OF CONGRESS CONCERNING DEFENSE BUDGET PROCESS.
It is the sense of Congress that any future-years defense plan
prepared after the date of the enactment of this Act--
(1) should be based on an objective assessment of United States
national security requirements and include funding proposals at a
level capable of protecting and promoting the Nation's interests;
and
(2) should be based on financial integrity and accountability to
ensure a fully funded defense program necessary to maintain a ready
and capable force.
SEC. 1108. FUNDING STRUCTURE FOR CONTINGENCY OPERATIONS.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by inserting after section 127 the following new section:
``§127a. Expenses for contingency operations
``(a) Designation of National Contingency Operations.--The funding
procedures prescribed by this section apply with respect to any
operation involving the armed forces that is designated by the Secretary
of Defense as a National Contingency Operation. Whenever the Secretary
designates an operation as a National Contingency Operation, the
Secretary shall promptly transmit notice of that designation in writing
to Congress. This section does not provide authority for the President
or the Secretary of Defense to carry out an operation, but applies to
the Department of Defense mechanisms by which funds are provided for
operations that the armed forces are required to carry out under some
other authority.
``(b) Waiver of Requirement To Reimburse Support Units.--(1) When an
operating unit of the armed forces participating in a National
Contingency Operation receives support services from a support unit of
the armed forces that operates through the Defense Business Operations
Fund (or a successor fund), that operating unit need not reimburse that
support unit for the incremental costs incurred by the support unit in
providing such support, notwithstanding any other provision of law or
Government accounting practice.
``(2) The amounts which but for paragraph (1) would be required to
be reimbursed to a support unit shall be recorded as an expense
attributable to the operation and shall be accounted for separately.
``(3) The total of the unreimbursed sums for all National
Contingency Operations may not exceed $300,000,000 at any one time.
``(c) Financial Plan for Contingency Operations.--(1) Within two
months of the beginning of any National Contingency Operation, the
Secretary of Defense shall submit to Congress a financial plan for the
operation that sets forth the manner by which the Secretary proposes to
obtain funds for the full cost to the United States of the operation.
``(2) The plan shall specify in detail how the Secretary proposes to
make the Defense Business Operations Fund (or a successor fund) whole
again.
``(d) Incremental Costs.--For purposes of this section, incremental
costs of the Department of Defense with respect to an operation are the
costs that are directly attributable to the operation and that are
otherwise chargeable to accounts available for operation and maintenance
or for military personnel. Any costs which are otherwise chargeable to
accounts available for procurement may not be considered to be
incremental costs for purposes of this section.
``(e) Incremental Personnel Costs Account.--The
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re is hereby
established in the Department of Defense a reserve fund to be known as
the `National Contingency Operation Personnel Fund'. Amounts in the fund
shall be available for incremental military personnel costs attributable
to a National Contingency Operation. Amounts in the fund remain
available until expended.
``(f) Coordination With War Powers Resolution.--This section may not
be construed as altering or superseding the War Powers Resolution. This
section does not provide authority to conduct a National Contingency
Operation or any other operation.
``(g) GAO Compliance Reviews.--The Comptroller General of the United
States shall from time to time, and when requested by a committee of
Congress, conduct a review of the defense contingency funding structure
under this section to determine whether the Department of Defense is
complying with the requirements and limitations of this section.
``(h) Definition.-- In this section, the term `National Contingency
Operation' means a military operation that is designated by the
Secretary of Defense as an operation the cost of which, when considered
with the cost of other ongoing or potential military operations, is
expected to have a negative effect on training and readiness.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 127 the
following new item:
``127a. Expenses for contingency operations.''.
(b) First Year Funding.--There is hereby authorized to be
appropriated for fiscal year 1994 to the fund established under section
127a(e) of title 10, United States Code, as added by subsection (a), the
sum of $10,000,000.
Subtitle B--Fiscal Year 1993 Authorization Matters
SEC. 1111. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR
1993 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b), totaling
$5,148,730,000 may be obligated and expended for programs, projects, and
activities of the Department of Defense in accordance with fiscal year
1993 defense appropriations.
(b) Covered Amounts.--The amounts referred to in subsection (a) are
the amounts provided for programs, projects, and activities of the
Department of Defense in fiscal year 1993 defense appropriations that
are in excess of the amounts provided for such programs, projects, and
activities in fiscal year 1993 defense authorizations.
(c) Definitions.--For the purposes of this subtitle:
(1) Fiscal year 1993 defense appropriations.--The term ``fiscal
year 1993 defense appropriations'' means amounts appropriated or
otherwise made available to the Department of Defense for fiscal
year 1993 in the Department of Defense Appropriations Act, 1993
(Public Law 102-396).
(2) Fiscal year 1993 defense authorizations.--The term ``fiscal
year 1993 defense authorizations'' means amounts authorized to be
appropriated for the Department of Defense for fiscal year 1993 in
the National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484).
SEC. 1112. OBLIGATION OF CERTAIN APPROPRIATIONS.
In obligating amounts for fiscal year 1993 defense appropriations
that were provided for specific non-Federal government entities (in the
total amount of $176,450,000) for the University Research Initiatives
program under research, development, test, and evaluation for Defense
Agencies, the Secretary of Defense shall have the discretion to make the
award of any grant or contract from those amounts under that program
using merit-based selection procedures.
SEC. 1113. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
1993.
(a) Authorization of Supplemental Appropriations.--There is
authorized to be appropriated for fiscal year 1993 for covering the
incremental costs arising from Operation Restore Hope, Operation Provide
Comfort, and Operation Southern Watch, and deficiencies in funding of
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS), and for repairing flood damage at Camp Pendleton, California,
$1,246,928 as follows:
(1) For Military Personnel:
For the Navy, $7,100,000.
(2) For Operation and Maintenance:
(A) For the Army, $149,800,000.
(B) For the Navy, $46,356,000.
(C) For the Marine Corps, $122,192,000.
(D) For the Air Force, $226,400,000.
(E) For the Defense Agencies, $2,000,000.
(F) For the Naval Reserve, $237,000.
(G) For Humanitarian Assistance, $23,000,000.
(H) For Real Property Maintenance, Defense, $29,098,000.
(I) For the Defense Health Program, $299,900,000.
(3) For Military Construction:
(A) For the Navy inside the United States, $3,000,000.
(B) For the Navy for family housing inside the United
States, $4,345,000.
(4) For Working Capital Funds:
For the Defense Business Operations Fund, $293,500,000.
(b) National Security Education Trust Fund Obligations.--There is
authorized to be appropriated for fiscal year 1993 from the National
Security Education Trust Fund the amount of $10,000,000.
Subtitle C--Counter-Drug Activities
SEC. 1121. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF
OTHER AGENCIES.
(a) Extension of Support Authorization.--Subsection (a) of section
1004 of the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 374 note) is amended by striking out ``fiscal years 1991, 1992,
1993, and 1994,'' and inserting in lieu thereof ``fiscal years 1991
through 1995,''.
(b) Additional Type of Support Authorized.--Subsection (b) of such
section is amended by adding at the end the following new paragraph:
``(10) Aerial and ground reconnaissance.''.
(c) Funding of Support Activities.--Of the amount authorized to be
appropriated for fiscal year 1994 under section 301(15) for operation
and maintenance with respect to drug interdiction and counter-drug
activities, $40,000,000 shall be available to the Secretary of Defense
for the purposes of carrying out section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).
SEC. 1122. REQUIREMENT TO ESTABLISH PROCEDURES FOR STATE AND LOCAL
GOVERNMENTS TO BUY LAW ENFORCEMENT EQUIPMENT SUITABLE FOR COUNTER-DRUG
ACTIVITIES THROUGH THE DEPARTMENT OF DEFENSE.
(a) In General.--(1) Chapter 18 of title 10, United States Code, is
amended by adding at the end the following new section:
``§381. Procurement by State and local governments of law
enforcement equipment suitable for counter-drug activities through
the Department of Defense
``(a) Procedures.--(1) The Secretary of Defense shall establish
procedures in accordance with this subsection under which States and
units of local government may purchase law enforcement equipment
suitable for counter-drug activities through the Department of Defense.
The procedures shall require the following:
``(A) Each State desiring to participate in a procurement of
equipment suitable for counter-drug activities through the
Department of Defense shall submit to the Department, in such form
and manner and at such times as the Secretary prescribes, the
following:
``(i) A request for law enforcement equipment.
``(ii) Advance payment for such equipment, in an amount
determined by the Secretary based on estimated or actual costs
of the equipment and administrative costs incurred by the
Department.
``(B) A State may include in a request submitted under
subparagraph (A) only the type of equipment listed in the catalog
produced under subsection (c).
``(C) A request for law enforcement equipment shall consist of
an enumeration of the law enforcement equipment that is desired by
the State and units of local government within the State. The
Governor of a State may establish such procedures as the Governor
considers appropriate for ad
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ministering and coordinating requests
for law enforcement equipment from units of local government within
the State.
``(D) A State requesting law enforcement equipment shall be
responsible for arranging and paying for shipment of the equipment
to the State and localities within the State.
``(2) In establishing the procedures, the Secretary of Defense shall
coordinate with the General Services Administration and other Federal
agencies for purposes of avoiding duplication of effort.
``(b) Reimbursement of Administrative Costs.--In the case of any
purchase made by a State or unit of local government under the
procedures established under subsection (a), the Secretary of Defense
shall require the State or unit of local government to reimburse the
Department of Defense for the administrative costs to the Department of
such purchase.
``(c) GSA Catalog.--The Administrator of General Services, in
coordination with the Secretary of Defense, shall produce and maintain a
catalog of law enforcement equipment suitable for counter-drug
activities for purchase by States and units of local government under
the procedures established by the Secretary under this section.
``(d) Definitions.--In this section:
``(1) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and any territory or possession of the United
States.
``(2) The term `unit of local government' means any city,
county, township, town, borough, parish, village, or other general
purpose political subdivision of a State; an Indian tribe which
performs law enforcement functions as determined by the Secretary of
the Interior; or any agency of the District of Columbia government
or the United States Government performing law enforcement functions
in and for the District of Columbia or the Trust Territory of the
Pacific Islands.
``(3) The term `law enforcement equipment suitable for counter-
drug activities' has the meaning given such term in regulations
prescribed by the Secretary of Defense. In prescribing the meaning
of the term, the Secretary may not include any equipment that the
Department of Defense does not procure for its own purposes.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``381. Procurement by State and local governments of law enforcement
equipment suitable for counter-drug activities through the
Department of Defense.''.
(b) Deadline.--The Secretary of Defense shall establish procedures
under section 381(a) of title 10, United States Code, as added by
subsection (a), not later than six months after the date of the
enactment of this Act.
(c) Report.--Not later than 6 months after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Congress a
report on the procedures established pursuant to section 381 of title
10, United States Code, as added by subsection (a). The report shall
include, at a minimum, a list of the law enforcement equipment that will
be covered under such procedures.
Subtitle D--Matters Relating to Reserve Components
SEC. 1131. REVIEW OF AIR FORCE PLANS TO TRANSFER HEAVY BOMBERS TO
RESERVE COMPONENTS UNITS.
(a) Review of Air Force Plans.--(1) The Secretary of Defense shall
review Air Force plans to transfer certain heavy bomber units from the
active component of the Air Force to the reserve components of the Air
Force.
(2) In carrying out the review, the Secretary shall consider the
following matters:
(A) The compatibility of Air Force plans with the relevant
results of the internal review of the Department of Defense (known
as the ``Bottom-Up Review'') being conducted during 1993 by
direction of the Secretary of Defense.
(B) The effect that the transfer will have on the immediate
availability of substantial numbers of heavy bombers for combat
operations.
(C) The levels of full-time and part-time employees that will be
necessary at reserve components units in order to provide adequate
logistics and maintenance support for intensive and sustained heavy
bomber operations.
(D) The requirements for additional military construction
funding that will result from the transfer and relocation of heavy
bomber operations.
(b) Secretary of Defense Plan Required.--(1) The Secretary of
Defense, in consultation with the Secretary of the Air Force, shall
develop a comprehensive plan for proposed transfers of heavy bomber
units from the active component of the Air Force to the reserve
components of the Air Force. The plan shall cover the period beginning
on the date of the enactment of this Act and ending January 1, 2000.
(2) The plan shall include the following matters:
(A) The unit designation of each active component unit from
which heavy bombers are to be transferred.
(B) The unit designation of each reserve component unit to which
such heavy bombers are to be transferred.
(C) The proposed date of inactivation of each active component
unit transferring heavy bombers.
(D) The proposed date of activation of each reserve component
unit receiving heavy bombers.
(E) The requirements at each reserve component unit receiving
heavy bombers for additional Armed Forces personnel and civilian
personnel, additional facilities for the bomber aircraft, additional
military construction funds other than for facilities construction,
additional spare parts, and additional logistics, maintenance, and
test equipment beyond such resources that become available by reason
of the inactivation of the active component unit.
(c) Reporting Requirements.--Not later than March 31, 1994, the
Secretary shall submit to the congressional defense committees--
(1) a report on the results of the review required under
subsection (a), and
(2) the plan required under subsection (b).
Subtitle E--Awards and Decorations
SEC. 1141. AWARD OF PURPLE HEART TO MEMBERS KILLED OR WOUNDED IN ACTION
BY FRIENDLY FIRE.
(a) In General.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``§1129. Purple Heart: members killed or wounded in action by
friendly fire
``(a) For purposes of the award of the Purple Heart, the Secretary
concerned shall treat a member of the armed forces described in
subsection (b) in the same manner as a member who is killed or wounded
in action as the result of an act of an enemy of the United States.
``(b) A member described in this subsection is a member who is
killed or wounded in action by weapon fire while directly engaged in
armed conflict, other than as the result of an act of an enemy of the
United States, unless (in the case of a wound) the wound is the result
of willful misconduct of the member.
``(c) This section applies to members of the armed forces who are
killed or wounded on or after December 7, 1941. In the case of a member
killed or wounded as described in subsection (b) on or after December 7,
1941, and before the date of the enactment of this section, the
Secretary concerned shall award the Purple Heart under subsection (a) in
each case which is known to the Secretary before the date of the
enactment of this section or for which an application is made to the
Secretary in such manner as the Secretary requires.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1129. Purple Heart: members killed or wounded in action by friendly
fire.''.
SEC. 1142. SENSE OF CONGRESS RELATING TO AWARD OF THE NAVY EXPEDITIONARY
MEDAL TO NAVY MEMBERS SUPPORTING DOOLITTLE RAID ON TOKYO.
Congress hereby reaffirms the sense of Congress (previously
expressed in section 1084 of the Nat
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ional Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2517)) that individuals
who served in the naval service during April 1942 in Task Force 16,
culminating in the air-raid commonly known as the ``Doolittle Raid on
Tokyo'', should be awarded the Navy Expeditionary Medal for such service
and urges the President or the Secretary of the Navy, as appropriate, to
award such medal to those individuals.
SEC. 1143. AWARD OF GOLD STAR LAPEL BUTTONS TO SURVIVORS OF SERVICE
MEMBERS KILLED BY TERRORIST ACTS.
(a) Eligibility.--Subsection (a) of section 1126 of title 10, United
States Code, is amended--
(1) by striking out ``of the United States'' in the matter
preceding paragraph (1);
(2) by striking out ``or'' at the end of paragraph (1);
(3) in paragraph (2)--
(A) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively; and
(B) by striking out the period at the end and inserting in
lieu thereof ``; or''; and
(4) by adding at the end the following new paragraph:
``(3) who lost or lose their lives after March 28, 1973, as a
result of--
``(A) an international terrorist attack against the United
States or a foreign nation friendly to the United States,
recognized as such an attack by the Secretary of Defense; or
``(B) military operations while serving outside the United
States (including the commonwealths, territories, and
possessions of the United States) as part of a peacekeeping
force.''.
(b) Definitions.--Subsection (d) of such section is amended by
adding at the end the following new paragraphs:
``(7) The term `military operations' includes those operations
involving members of the armed forces assisting in United States
Government sponsored training of military personnel of a foreign
nation.
``(8) The term `peacekeeping force' includes those personnel
assigned to a force engaged in a peacekeeping operation authorized
by the United Nations Security Council.''.
Subtitle F--Recordkeeping and Reporting Requirements
SEC. 1151. TERMINATION OF DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS
DETERMINED BY SECRETARY OF DEFENSE TO BE UNNECESSARY OR INCOMPATIBLE
WITH EFFICIENT MANAGEMENT OF THE DEPARTMENT OF DEFENSE.
(a) Termination of Report Requirements.--Unless otherwise provided
by a law enacted after the date of the enactment of this Act, each
provision of law requiring the submittal to Congress (or any committee
of Congress) of any report specified in the list submitted under
subsection (b) shall, with respect to that requirement, cease to be
effective on October 30, 1995.
(b) Preparation of List.--(1) The Secretary of Defense shall submit
to Congress a list of each provision of law that, as of the date
specified in subsection (c), imposes upon the Secretary of Defense (or
any other officer of the Department of Defense) a reporting requirement
described in paragraph (2). The list of provisions of law shall include
a statement or description of the report required under each such
provision of law.
(2) Paragraph (1) applies to a requirement imposed by law to submit
to Congress (or specified committees of Congress) a report on a
recurring basis, or upon the occurrence of specified events, if the
Secretary determines that the continued requirement to submit that
report is unnecessary or incompatible with the efficient management of
the Department of Defense.
(3) The Secretary shall submit with the list an explanation, for
each report specified in the list, of the reasons why the Secretary
considers the continued requirement to submit the report to be
unnecessary or incompatible with the efficient management of the
Department of Defense.
(c) Submission of List.--The list under subsection (a) shall be
submitted not later than April 30, 1994.
(d) Scope of Section.--For purposes of this section, the term
``report'' includes a certification, notification, or other
characterization of a communication.
(e) Interpretation of Section.--This section does not require the
Secretary of Defense to review each report required of the Department of
Defense by law.
SEC. 1152. REPORTS RELATING TO CERTAIN SPECIAL ACCESS PROGRAMS AND
SIMILAR PROGRAMS.
(a) In General.--(1) Not later than February 1 of each year, the
head of each covered department or agency shall submit to Congress a
report on each special access program carried out in the department or
agency.
(2) Each such report shall set forth--
(A) the total amount requested by the department or agency for
special access programs within the budget submitted under section
1105 of title 31, United States Code, for the fiscal year following
the fiscal year in which the report is submitted; and
(B) for each program in such budget that is a special access
program--
(i) a brief description of the program;
(ii) in the case of a procurement program, a brief
discussion of the major milestones established for the program;
(iii) the actual cost of the program for each fiscal year
during which the program has been conducted before the fiscal
year during which that budget is submitted; and
(iv) the estimated total cost of the program and the
estimated cost of the program for (I) the current fiscal year,
(II) the fiscal year for which the budget is submitted, and
(III) each of the four succeeding fiscal years during which the
program is expected to be conducted.
(b) Newly Designated Programs.--(1) Not later than February 1 of
each year, the head of each covered department or agency shall submit to
Congress a report that, with respect to each new special access program
of that department or agency, provides--
(A) notice of the designation of the program as a special access
program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program shall
include--
(A) the current estimate of the total program cost for the
program; and
(B) an identification, as applicable, of existing programs or
technologies that are similar to the technology, or that have a
mission similar to the technology, or that have a mission similar to
the mission, of the program that is the subject of the notice.
(3) In this subsection, the term ``new special access program''
means a special access program that has not previously been covered in a
notice and justification under this subsection.
(c) Revision in Classification of Programs.--(1) Whenever a change
in the classification of a special access program of a covered
department or agency is planned to be made or whenever classified
information concerning a special access program of a covered department
or agency is to be declassified and made public, the head of the
department or agency shall submit to Congress a report containing a
description of the proposed change or the information to be
declassified, the reasons for the proposed change or declassification,
and notice of any public announcement planned to be made with respect to
the proposed change or declassification.
(2) Except as provided in paragraph (3), a report referred to in
paragraph (1) shall be submitted not less than 14 days before the date
on which the proposed change, declassification, or public announcement
is to occur.
(3) If the head of the department or agency determines that because
of exceptional circumstances the requirement of paragraph (2) cannot be
met with respect to a proposed change, declassification, or public
announcement concerning a special access program of the department or
agency, the head of the department or agency may submit the report
required by paragraph (1) regarding the proposed change,
declassification, or public announcement at any time before the proposed
change, declas
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sification, or public announcement is made and shall
include in the report an explanation of the exceptional circumstances.
(d) Revision of Criteria for Designating Programs.--Whenever there
is a modification or termination of the policy and criteria used for
designating a program of a covered department or agency as a special
access program, the head of the department or agency shall promptly
notify Congress of such modification or termination. Any such
notification shall contain the reasons for the modification or
termination and, in the case of a modification, the provisions of the
policy as modified.
(e) Waiver of Reporting Requirement.--(1) The head of a covered
department or agency may waive any requirement under subsection (a),
(b), or (c) that certain information be included in a report under that
subsection if the head of the department or agency determines that
inclusion of that information in the report would adversely affect the
national security. Any such waiver shall be made on a case-by-case
basis.
(2) If the head of a department or agency exercises the authority
provided under paragraph (1), the head of the department or agency shall
provide the information described in that subsection with respect to the
special access program concerned, and the justification for the waiver,
to Congress.
(f) Initiation of Programs.--A special access program may not be
initiated by a covered department or agency until--
(1) the appropriate oversight committees are notified of the
program; and
(2) a period of 30 days elapses after such notification is
received.
(g) Definitions.--For purposes of this section:
(1) Covered department or agency.--(A) Except as provided in
subparagraph (B), the term ``covered department or agency'' means
any department or agency of the Federal Government that carries out
a special access program.
(B) Such term does not include--
(i) the Department of Defense (which is required to submit
reports on special access programs under section 119 of title
10, United States Code);
(ii) the Department of Energy, with respect to special
access programs carried out under the atomic energy defense
activities of that department (for which the Secretary of Energy
is required to submit reports under section 93 of the Atomic
Energy Act of 1954); or
(iii) an agency in the Intelligence Community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a)).
(2) Special access program.--The term ``special access program''
means any program that, under the authority of Executive Order 12356
(or any successor Executive order), is established by the head of a
department or agency whom the President has designated in the
Federal Register as an original ``secret'' or ``top secret''
classification authority that imposes ``need-to-know'' controls or
access controls beyond those controls normally required (by
regulations applicable to such department or agency) for access to
information classified as ``confidential'', ``secret'', or ``top
secret''.
SEC. 1153. IDENTIFICATION OF SERVICE IN VIETNAM IN THE COMPUTERIZED
INDEX OF THE NATIONAL PERSONNEL RECORDS CENTER.
(a) Assistance.--The Secretary of Defense shall provide to the
National Personnel Records Center in St. Louis, Missouri, such
information and technical assistance as the Secretary considers to be
appropriate to assist the Center in establishing an indicator in the
computerized index of the Center that will facilitate searches for, and
the selection of, military records of military personnel based upon
service in a theater of operations during the Vietnam conflict.
(b) Report on Implementation.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report containing a plan to establish the indicator
described in subsection (a). The Secretary shall prepare the report in
consultation with the Secretary of Veterans Affairs and the Archivist of
the United States.
(c) Vietnam Conflict Defined.--For purposes of this section, the
term ``Vietnam conflict'' has the meaning given that term in section
1035(g)(2) of title 10, United States Code.
SEC. 1154. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL OF TRANSFER OF
CERTAIN WEAPONS.
(a) Report on Manpower Required To Implement Export Controls on
Certain Weapons Transfers.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the Secretary of
Energy shall submit to the committees of Congress named in subsection
(c) a joint report on manpower required to implement export controls on
certain weapons transfers.
(b) Content of Report.--The report shall include the following
matters:
(1) A statement of the role of the Department of Defense, and a
statement of the role of the Department of Energy, in implementing
export controls on goods and technology related to nuclear,
chemical, and biological weapons.
(2) A discussion of the number and skills of personnel currently
available in the Department of Defense and in the Department of
Energy to perform the respective roles of those departments.
(3) An assessment of the adequacy of the number and skills of
those personnel for the effective performance of those roles.
(4) For each of fiscal years 1988, 1989, 1990, 1991, 1992, 1993,
and 1994, the total number of Department of Defense and Department
of Energy full-time employees and military personnel who, in the
implementation of export controls on goods and technology related to
nuclear, chemical, and biological weapons, carry out the following
activities of such department:
(A) Review of private sector export license applications and
government-to-government cooperative activities.
(B) Intelligence analysis and activities.
(C) Policy coordination.
(D) International liaison activity.
(E) Technical review.
(5) For each fiscal year referred to in paragraph (4), the
grades of the personnel referred to in that paragraph and the
special knowledge, experience, and expertise of those personnel that
enable them to carry out the activities referred to in that
paragraph.
(6) An assessment of the adequacy of the staffing in each of the
categories specified in subparagraphs (A) through (E) of paragraph
(4).
(7) Recommendations concerning measures, including any
legislation necessary, to eliminate any identified staffing
deficiencies and to improve interagency coordination with respect to
implementing export controls on goods and technology related to
nuclear, chemical, and biological weapons.
(8) All Department of Defense activities undertaken during
fiscal years 1989, 1990, 1991, 1992, and 1993 in fulfillment of the
responsibilities of the Department of Defense under section 602(c)
of the Nuclear Non-Proliferation Act of 1978 (Public Law 96-280; 22
U.S.C. 3282(c)) with respect to nuclear weapons proliferation
threats and the role of the department in addressing such threats.
(c) Submission of Report.--The committees to which the report is to
be submitted are--
(1) the Committee on Armed Services and the Committee on
Governmental Affairs of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.
(d) Form of Report.--The report shall be submitted in unclassified
form but may also be submitted in classified form if the Secretary of
Defense and the Secretary of Energy consider it necessary to include
classified information in order to satisfy fully the requirements of
this section.
SEC. 1155. REPORT ON FOOD SUPPLY AND DISTRIBUTION PRACTICES OF THE
DEPARTMENT OF DEFENSE.
(a) Findings.--The Congress makes the following
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findings:
(1) The Defense Personnel Support Center, a component of the
Defense Logistics Agency, purchases more than 90 percent of the food
supplied to military end-users, including dining halls, hospitals,
and other facilities that feed troops.
(2) Semiperishable items, such as canned goods, are stored in
four depots of the Defense Logistics Agency, and perishable items,
including fresh and frozen vegetables, fruits, and meats, are stored
in 21 contractor-operated Defense Subsistence Offices.
(3) Private sector end-users, including independent restaurants,
hospitals, and hotels, obtain food through direct delivery from
commercial distributors of food.
(4) In a comprehensive inventory reduction plan issued in May
1990, the Secretary of Defense concluded that there was no benefit
to using the food supply system of the Department of Defense in
circumstances in which the food requirements of the Department could
be met through the use of commercial distributors of food.
(5) In a report published in June 1993, the General Accounting
Office determined that the Department of Defense could achieve
substantial cost savings by expanding the use of commercial
distributors of food and related commercial practices in the food
supply system of the Department.
(b) Review.--The Secretary of Defense shall conduct a review of the
food supply and distribution practices of the Department of Defense. The
review shall include the following:
(1) An evaluation of the feasibility of, and the economic
advantages and disadvantages of, the expanded use of full-line
commercial distributors of food to deliver food directly to military
end-users.
(2) An evaluation of the potential for the expanded use of such
commercial distributors to reduce the need for the storage of food
(except for war reserve stocks and items bound for overseas)
directly by the Department of Defense and to eliminate the
requirement for Defense Subsistence Offices and certain warehouse
activities at military installations.
(3) A comparison of the cost of using the Department of Defense
food supply and distribution system to meet the Department of
Defense food requirements with the cost of using commercial
distributors of food to meet such requirements.
(4) A consideration of any obstacles that would hinder the
ability of the Department of Defense to procure commercial food
items and to institute commercial practices with respect to food
supply and distribution.
(c) Report.--Not later than March 1, 1994, the Secretary shall
submit to the congressional defense committees a report on the findings,
conclusions, and recommendations of the Secretary as a result of the
review conducted under subsection (b).
Subtitle G--Congressional Findings, Policies, Commendations, and
Commemorations
SEC. 1161. SENSE OF CONGRESS REGARDING JUSTIFICATION FOR CONTINUING THE
EXTREMELY LOW FREQUENCY (ELF) COMMUNICATION SYSTEM.
(a) Findings.--The Congress makes the following findings:
(1) There is a need to re-evaluate all defense spending in light
of the changed circumstances of the post-Cold War era and budget and
fiscal constraints.
(2) The Extremely Low Frequency Communications System (ELF
System) was originally designed to play a role in the strategic
deterrence mission against the former Soviet Union.
(3) The threat of nuclear war has greatly diminished since the
collapse of the Soviet Union.
(4) The ELF System is increasingly in use for communications
with attack submarines in addition to ballistic missile submarines.
(5) There have been questions raised about the effects of ELF
operations on human health and the environment and ongoing studies
of those effects are due to be concluded during 1994.
(b) Evaluation and Report by Secretary of Defense.--The Secretary of
Defense shall submit to the congressional defense committees, before
consideration by Congress of the fiscal year 1995 defense budget, a
report containing the results of an evaluation of the benefits and costs
of continued operation of the Extremely Low Frequency Communications
System and the benefits and costs of any alternatives to that system.
The report shall be based upon an evaluation conducted by the Secretary
after the date of the enactment of this Act.
(c) Sense of Congress.--It is the sense of Congress that the bases
at which the Extremely Low Frequency Communication System is located,
having been considered for closure or realignment in the 1993 base
closure process, should again be considered for closure or realignment
in the round of military base closures to take place in 1995.
SEC. 1162. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF NAVAL
OCEANOGRAPHIC SURVEY AND RESEARCH IN THE POST-COLD WAR PERIOD.
(a) Findings.--Congress makes the following findings:
(1) Oceanographic research and survey work is a critical element
to the ability of the Navy to conduct successful operations in
littoral waters of the world.
(2) Over the five-year period of fiscal years 1989 through 1993,
the Navy experienced a significant diminution in its oceanographic
research and survey capability due to budget reductions that
resulted in (A) a reduction in the level of effort for Navy
oceanographic research and survey activities by almost 50 percent,
and (B) a reduction from 12 to 7 in the number of Navy ships
dedicated to oceanographic survey and research activities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) reductions in the funding, activities, and capability of the
Navy to conduct oceanographic survey and research work, in addition
to the reductions referred to in subsection (a)(2), would further
reduce the level of oceanographic survey and research work of the
Navy and should be avoided; and
(2) funding for oceanographic survey and research activities of
the Navy should be maintained at levels sufficient to ensure that
the Navy can exploit every opportunity to survey and research
littoral waters critical to the operational needs of the Navy.
SEC. 1163. SENSE OF CONGRESS REGARDING UNITED STATES POLICY ON
PLUTONIUM.
(a) Finding.--The Congress finds that reprocessing spent nuclear
fuel referred to in subsection (c) to recover plutonium may pose serious
environmental hazards and increase the risk of proliferation of weapons-
usable plutonium.
(b) Sense of Congress.--It is the sense of the Congress that the
President should take action to encourage the reduction or cessation of
the reprocessing of spent nuclear fuel referred to in subsection (c) to
recover plutonium until the environmental and proliferation concerns
related to such reprocessing are resolved.
(c) Covered Spent Nuclear Fuel.--The spent nuclear fuel referred to
in subsections (a) and (b) is spent nuclear fuel used in a commercial
nuclear power reactor by the Government of a foreign country or by a
foreign-owned or foreign-controlled entity.
SEC. 1164. SENSE OF SENATE ON ENTRY INTO THE UNITED STATES OF CERTAIN
FORMER MEMBERS OF THE IRAQI ARMED FORCES.
It is the sense of the Senate that no person who was a member of the
armed forces of Iraq during the period from August 2, 1990, through
February 28, 1991, and who is in a refugee camp in Saudi Arabia as of
the date of enactment of this Act should be granted entry into the
United States under the Immigration and Nationality Act unless the
President certifies to Congress before such entry that such person--
(1) assisted the United States or coalition armed forces after
defection from the armed forces of Iraq or after capture by the
United States or coalition armed forces; and
(2) did not commit or assist in the commission of war crimes.
SEC. 1165. U.S.S. INDIANAPOLIS MEMORIAL, INDIANAPOLIS, INDIANA.
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(a) Findings.--Congress makes the following findings:
(1) On July 30, 1945, during the closing days of World War II,
the U.S.S. Indianapolis (CA-35) was sunk as a result of a torpedo
attack on that ship.
(2) The memorial to the U.S.S. Indianapolis (CA-35) to be
located on the east bank of the Indianapolis water canal in downtown
Indianapolis, Indiana, will honor the personal sacrifice of the
1,197 servicemen who were aboard the U.S.S. Indianapolis (CA-35) on
that day, 881 of whom died as one of the greatest single combat
losses suffered by the United States Navy in World War II.
(3) The memorial will pay fitting tribute to that gallant ship
and her final crew and will forever commemorate the place of the
U.S.S. Indianapolis in United States Navy history as the last major
ship lost in World War II.
(4) The memorial to the U.S.S. Indianapolis symbolizes the
devoted service of the United States Navy and Marine Corps
personnel, particularly those who lost their lives at sea in the
Pacific Theater during World War II, whose dedication and sacrifice
in the cause of liberty and freedom were instrumental in the triumph
of the United States and its allies in that war.
(5) The citizens of the United States have a continuing
obligation to educate future generations about the military and
other historic endeavors of the United States.
(b) Recognition as a National Memorial.--The memorial to the U.S.S.
Indianapolis (CA-35) in Indianapolis, Indiana, is hereby recognized as
the national memorial to the U.S.S. Indianapolis (CA-35) and to the
final crew of that historic warship.
Subtitle H--Other Matters
SEC. 1171. PROCEDURES FOR HANDLING WAR BOOTY.
(a) In General.--(1) Chapter 153 of title 10, United States Code, is
amended by adding at the end the following new section:
``§2579. War booty: procedures for handling and retaining
battlefield objects
``(a) Policy.--The United States recognizes that battlefield
souvenirs have traditionally provided military personnel with a valued
memento of service in a national cause. At the same time, it is the
policy and tradition of the United States that the desire for souvenirs
in a combat theater not blemish the conduct of combat operations or
result in the mistreatment of enemy personnel, the dishonoring of the
dead, distraction from the conduct of operations, or other unbecoming
activities.
``(b) Regulations.--(1) The Secretary of Defense shall prescribe
regulations for the handling of battlefield objects that are consistent
with the policies expressed in subsection (a) and the requirements of
this section.
``(2) When forces of the United States are operating in a theater of
operations, enemy material captured or found abandoned shall be turned
over to appropriate United States or allied military personnel except as
otherwise provided in such regulations. A member of the armed forces (or
other person under the authority of the armed forces in a theater of
operations) may not (except in accordance with such regulations) take
from a theater of operations as a souvenir an object formerly in the
possession of the enemy.
``(3) Such regulations shall provide that a member of the armed
forces who wishes to retain as a souvenir an object covered by paragraph
(2) may so request at the time the object is turned over pursuant to
paragraph (2).
``(4) Such regulations shall provide for an officer to be designated
to review requests under paragraph (3). If the officer determines that
the object may be appropriately retained as a war souvenir, the object
shall be turned over to the member who requested the right to retain it.
``(5) Such regulations shall provide for captured weaponry to be
retained as souvenirs, as follows:
``(A) The only weapons that may be retained are those in
categories to be agreed upon jointly by the Secretary of Defense and
the Secretary of the Treasury.
``(B) Before a weapon is turned over to a member, the weapon
shall be rendered unserviceable.
``(C) A charge may be assessed in connection with each weapon in
an amount sufficient to cover the full cost of rendering the weapon
unserviceable.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2579. War booty: procedures for handling and retaining battlefield
objects.''.
(b) Initial Regulations.--The initial regulations required by
section 2579 of title 10, United States Code, as added by subsection
(a), shall be prescribed not later than 270 days after the date of
enactment of this Act. Such regulations shall specifically address the
following, consistent with section 2579 of title 10, United States Code,
as added by subsection (a):
(1) The general procedures for collection and disposition of
weapons and other enemy material.
(2) The criteria and procedures for evaluation and disposition
of enemy material for intelligence, testing, or other military
purposes.
(3) The criteria and procedures for determining when retention
of enemy material by an individual or a unit in the theater of
operations may be appropriate.
(4) The criteria and procedures for disposition of enemy
material to a unit or other Department of Defense entity as a
souvenir.
(5) The criteria and procedures for disposition of enemy
material to an individual as an individual souvenir.
(6) The criteria and procedures for determining when
demilitarization or the rendering unserviceable of firearms is
appropriate.
(7) The criteria and procedures necessary to ensure that
servicemembers who have obtained battlefield souvenirs in a manner
consistent with military customs, traditions, and regulations have a
reasonable opportunity to obtain possession of such souvenirs,
consistent with the needs of the service.
SEC. 1172. BASING FOR C-130 AIRCRAFT.
The Secretary of the Air Force shall determine the unit assignment
and basing location for any C-130 aircraft procured for the Air Force
Reserve from funds appropriated for National Guard and Reserve Equipment
procurement for fiscal year 1992 or 1993 in such manner as the Secretary
determines to be in the best interest of the Air Force.
SEC. 1173. TRANSPORTATION OF CARGOES BY WATER.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by inserting after section 2631 the following new section:
``§2631a. Contingency planning: sealift and related intermodal
transportation requirements
``(a) Consideration of Private Capabilities.--The Secretary of
Defense shall ensure that all studies and reports of the Department of
Defense, and all actions taken in the Department of Defense, concerning
sealift and related intermodal transportation requirements take into
consideration the full range of the transportation and distribution
capabilities that are available from operators of privately owned United
States flag merchant vessels.
``(b) Private Capacities Presentations.--The Secretary shall afford
each operator of a vessel referred to in subsection (a), not less often
than annually, an opportunity to present to the Department of Defense
information on its port-to-port and intermodal transportation
capacities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2631 the following new item:
``2631a. Contingency planning: sealift and related intermodal
transportation requirements.''.
SEC. 1174. MODIFICATION OF AUTHORITY TO CONDUCT NATIONAL GUARD CIVILIAN
YOUTH OPPORTUNITIES PROGRAM.
(a) Location of Program.--Subsection (c) of section 1091 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 32 U.S.C. 501 note) is amended to read as follows:
``(c) Conduct of the Program.--The
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Secretary of Defense may provide
for the conduct of the pilot program in such States as the Secretary
considers to be appropriate.''.
(b) Definition of State.--Subsection (l) of such section is amended
by striking out paragraph (2) and inserting in lieu thereof the
following new paragraph:
``(2) The term `State' includes the Commonwealth of Puerto Rico,
the territories (as defined in section 101(1) of title 32, United
States Code), and the District of Columbia.''.
(c) Program Agreements.--Subsection (d)(3) of such section is
amended by striking out ``reimburse'' and inserting in lieu thereof
``provide funds to''.
SEC. 1175. EFFECTIVE DATE FOR CHANGES IN SERVICEMEN'S GROUP LIFE
INSURANCE PROGRAM.
(a) Use of International Date Line.--Section 1967 of title 38,
United States Code, is amended by adding at the end the following new
subsection:
``(f) The effective date and time for any change in benefits under
the Servicemen's Group Life Insurance Program shall be based on the date
and time according to the time zone immediately west of the
International Date Line.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to amendments to chapter 19 of title 38, United
States Code, that take effect after November 29, 1992.
SEC. 1176. ELIGIBILITY OF FORMER PRISONERS OF WAR FOR BURIAL IN
ARLINGTON NATIONAL CEMETERY.
(a) Eligibility for Burial.--Former prisoners of war described in
subsection (b) are eligible for burial in Arlington National Cemetery,
Arlington, Virginia.
(b) Eligible Former POWs.--A former prisoner of war referred to in
subsection (a) is a former prisoner of war--
(1) who dies on or after the date of the enactment of this Act;
and
(2) who, while a prisoner of war, served honorably in the active
military, naval, or air service, as determined under regulations
prescribed by the Secretary of the military department concerned.
(c) Savings Provision.--This section may not be construed to make
ineligible for burial in Arlington National Cemetery a former prisoner
of war who is eligible to be buried in that cemetery under another
provision of law.
(d) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary of the Army. Those regulations
may prescribe a minimum period of internment as a prisoner of war for
purposes of eligibility under this section for burial in Arlington
National Cemetery.
(e) Definitions.--For purposes of this section:
(1) The term ``former prisoner of war'' has the meaning given
such term in section 101(32) of title 38, United States Code.
(2) The term ``active military, naval, or air service'' has the
meaning given such term in section 101(24) of such title.
SEC. 1177. REDESIGNATION OF HANFORD ARID LANDS ECOLOGY RESERVE.
(a) Redesignation.--The Hanford Arid Lands Ecology Reserve in
Richland, Washington, is redesignated as the ``Fitzner/Eberhardt Arid
Lands Ecology Reserve''.
(b) Legal References.--Any reference in any law, regulation,
document, record, map, or other paper of the United States to the
ecology reserve referred to in subsection (a) is deemed to be a
reference to the ``Fitzner/Eberhardt Arid Lands Ecology Reserve''.
SEC. 1178. AVIATION LEADERSHIP PROGRAM.
(a) Findings.--The Congress finds the following:
(1) The training in the United States of pilots from the air
forces of friendly foreign nations furthers the interests of the
United States, promotes closer relations with such nations, and
advances the national security.
(2) Many friendly foreign nations cannot afford to reimburse the
United States for the cost of such training.
(3) It is in the interest of the United States that the
Secretary of the Air Force establish a program to train in the
United States pilots from the air forces of friendly, less developed
foreign nations.
(b) Establishment of Program.--Part III of subtitle D of title 10,
United States Code, is amended by inserting after chapter 903 the
following new chapter:
``CHAPTER 905--AVIATION LEADERSHIP PROGRAM
``Sec.
``9381. Establishment of program.
``9382. Supplies and clothing.
``9383. Allowances.
``§9381. Establishment of program
``Under regulations prescribed by the Secretary of Defense, the
Secretary of the Air Force may establish and maintain an Aviation
Leadership Program to provide undergraduate pilot training and necessary
related training to personnel of the air forces of friendly, less-
developed foreign nations. Training under this chapter shall include
language training and programs to promote better awareness and
understanding of the democratic institutions and social framework of the
United States.
``§9382. Supplies and clothing
``(a) The Secretary of the Air Force may, under such conditions as
the Secretary may prescribe, provide to a person receiving training
under this chapter--
``(1) transportation incident to the training;
``(2) supplies and equipment to be used during the training;
``(3) flight clothing and other special clothing required for
the training; and
``(4) billeting, food, and health services.
``(b) The Secretary of the Air Force may authorize such expenditures
from the appropriations of the Air Force as the Secretary considers
necessary for the efficient and effective maintenance of the Program in
accordance with this chapter.
``§9383. Allowances
``The Secretary of the Air Force may pay to a person receiving
training under this chapter a living allowance at a rate to be
prescribed by the Secretary, taking into account the amount of living
allowances authorized for a member of the armed forces under similar
circumstances.''.
(c) Clerical Amendment.--The tables of chapters at the beginning of
subtitle D of title 10, United States Code, and at the beginning of part
III of such subtitle are each amended by inserting after the item
relating to chapter 903 the following new item:
``905. Aviation Leadership Program................................
9381''.
SEC. 1179. ADMINISTRATIVE IMPROVEMENTS IN THE GOLDWATER SCHOLARSHIP AND
EXCELLENCE IN EDUCATION PROGRAM.
(a) Terms of Office of Foundation Members.--Section 1404(c)(1) of
the Barry Goldwater Scholarship and Excellence in Education Act (20
U.S.C. 4703(c)(1)) is amended--
(1) by striking out ``, and'' at the end of subparagraph (A) and
inserting in lieu thereof a semicolon;
(2) by striking out the period at the end of subparagraph (B)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) notwithstanding the term limitation provided for under
this paragraph, a member appointed under subsection (b) may continue
to serve under such appointment until the successor to the member is
appointed.''.
(b) Lease Authority.--Section 1411(a)(7) of such Act (20 U.S.C.
4710(a)(7)) is amended by striking out ``the District of Columbia'' and
inserting in lieu thereof ``the Washington, District of Columbia,
metropolitan area''.
SEC. 1180. TRANSFER OF OBSOLETE DESTROYER TENDER YOSEMITE.
(a) Authority.--Notwithstanding subsections (a) and (c) of section
7308 of title 10, United States Code, but subject to subsection (b) of
that section, the Secretary of the Navy may transfer the obsolete
destroyer tender Yosemite to the nonprofit organization Ships at Sea for
education and drug rehabilitation purposes.
(b) Limitations.--The transfer authorized by section (a) may be made
only if the Secretary determines that the vessel Yosemite is of no
further use to the United States for national security purposes.
(c) Terms and Conditions.--The Secretary may require such terms and
conditions in connection with the transfer authorized by this section as
the Secretary considers appropriate.
SEC. 1181. TRANSFER OF OBSOLETE HEAVY CRUISER
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U.S.S. SALEM.
(a) Transfer Without Regard to Notice and Wait Requirements.--
Notwithstanding subsections (a) and (c) of section 7308 of title 10,
United States Code, but subject to subsection (b) of that section, the
Secretary of the Navy, upon making the determinations described in
subsection (b) of this section, may transfer the obsolete heavy cruiser
U.S.S. Salem (CA-139) to the United States Naval Shipbuilding Museum,
Quincy, Massachusetts.
(b) Determinations Required.--The transfer referred to in subsection
(a) may be made only if the Secretary of the Navy determines--
(1) by appropriate tests, including tests administered by the
Environmental Protection Agency, that the U.S.S. Salem is in
environmentally safe condition;
(2) that the museum referred to in subsection (a) has adequate
financial resources to maintain the cruiser in a condition
satisfactory to the Secretary; and
(3) the U.S.S. Salem is of no further use to the United States
for national security purposes.
(c) Terms and Conditions.--(1) In exercising the authority provided
in subsection (a), the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of the
conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States.
(2) The Secretary may require such additional terms and conditions
in connection with the transfer authorized by this section as the
Secretary considers appropriate.
SEC. 1182. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Miscellaneous Amendments To Title 10, United States Code.--Title
10, United States Code, is amended as follows:
(1) Section 401 is amended by striking out subsection (f).
(2) Section 1408 is amended--
(A) in subsections (b)(1)(A), (f)(1), and (f)(2), by
striking out ``subsection (h)'' and inserting in lieu thereof
``subsection (i)''; and
(B) in subsection (h)(4)(B), by inserting ``of'' after ``of
that termination''.
(3) Section 1605(a) is amended by striking out ``(50 U.S.C. 403
note)'' and inserting in lieu thereof ``(50 U.S.C. 2153)''.
(4) Section 1804(b)(1) is amended by striking out ``his or her''
and inserting in lieu thereof ``the volunteer's''.
(5) Section 2305(b)(4)(A) is amended by realigning clauses (i)
and (ii) so that they are indented two ems from the left margin.
(6) Subsections (a), (e), and (g) of section 2371 are amended by
striking out ``Defense Advanced Research Projects Agency'' and
inserting in lieu thereof ``Advanced Research Projects Agency''.
(7) Section 2469 is amended by striking out ``, prior to any
such change,''.
(8)(A) Section 2490a is transferred to the end of chapter 165,
redesignated as section 2783, and amended--
(i) in subsection (b)(2)--
(I) by striking out ``title 10, United States Code'' and
inserting in lieu thereof ``this title'';
(II) by striking out the comma after ``Justice)''; and
(III) by striking out ``of such title'' and inserting in
lieu thereof ``of this title''; and
(ii) in subsection (c)(1), by striking out ``Armed Forces''
and inserting in lieu thereof ``armed forces''.
(B) The table of sections at the beginning of chapter 147 is
amended by striking out the item relating to section 2490a.
(C) The table of sections at the beginning of chapter 165 is
amended by adding at the end the following new item:
``2783. Nonappropriated fund instrumentalities: financial management and
use of nonappropriated funds.''.
(9) Section 2491 is amended--
(A) in paragraph (2), by striking out ``nonmilitary
application'' and inserting in lieu thereof ``nonmilitary
applications''; and
(B) in paragraph (8), by striking out ``subsection (f)'' and
inserting in lieu thereof ``subsection (b)(4)''.
(10) Section 2501(b)(2) is amended by striking out ``and thereby
free up capital'' and inserting in lieu thereof ``that, by reducing
the public sector demand for capital, increases the amount of
capital available''.
(11) Section 2771 is amended--
(A) in subsection (a), by striking out ``who dies after
December 31, 1955''; and
(B) in subsection (b), by striking out ``for the'' in the
second sentence and all that follows through the period and
inserting in lieu thereof ``for the uniformed services.''.
(12) Section 9315 is amended--
(A) in subsection (b), by striking out ``Air Training
Command'' and inserting in lieu thereof ``Air Education and
Training Command''; and
(B) in subsection (c), by striking out ``Air Force Training
Command'' and inserting in lieu thereof ``Air Education and
Training Command of the Air Force''.
(b) Subsection Headings.--
(1) Section 2507 of title 10, United States Code, is amended--
(A) in subsection (a), by inserting ``Authority.--'' after
``(a)'';
(B) in subsection (b), by inserting ``Condition for Use of
Authority.--'' after ``(b)'';
(C) in subsection (c), by inserting ``Penalty for
Noncompliance.--'' after ``(c)'';
(D) in subsection (d), by inserting ``Limitations on
Disclosure of Information.--'' after ``(d)'';
(E) in subsection (e), by inserting ``Regulations.--'' after
``(e)''; and
(F) in subsection (f), by inserting ``Definitions.--'' after
``(f)''.
(2) Section 2523 of such title is amended--
(A) in subsection (a), by inserting ``Use of Programs.--''
after ``(a)''; and
(B) in subsection (b), by striking out ``(b)(1)'' and
inserting in lieu thereof ``(b) Program Requirements.--(1)''.
(c) Amendments to Public Law 102-484.--Public Law 102-484 is amended
as follows:
(1) Section 1051(b)(2) (106 Stat. 2498) is amended--
(A) by striking out ```section 101(47) of title 10,''' and
inserting in lieu thereof ```section 101(47) of title 10'''; and
(B) by striking out ```section 101 of title 10,''' and
inserting in lieu thereof ```section 101 of title 10'''.
(2) Section 1313(2) (106 Stat. 2548) is amended, effective as of
October 23, 1992, by striking out ```structure and''' and inserting
in lieu thereof ```structure, and'''.
(3) Section 1365 (106 Stat. 2561) is amended by striking out
``(e) Definition.--'' and inserting in lieu thereof ``(d)
Definition.--''.
(4) Section 1441 (106 Stat. 2566) is amended in the matter
preceding paragraph (1) by striking out ``the FREEDOM Support Act of
1992'' and inserting in lieu thereof ``the Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support Act of 1992
(Public Law 102-511; 106 Stat. 3345; 22 U.S.C. 5861)''.
(5) Section 1505(e)(2) (106 Stat. 2571) is amended by striking
out ``(d)(2)'' in the matter preceding subparagraph (A) and
inserting in lieu thereof ``(d)(4)''.
(6) Section 1828 (106 Stat. 2585; 36 U.S.C. 5108) is amended by
striking out ``board of the directors'' and inserting in lieu
thereof ``board of directors''.
(d) Cross Reference Amendments in Other Laws.--
(1) Effective as of December 19, 1991, section 12 of the Coast
Guard Authorization Act of 1991 (Public Law 102-241; 105 Stat. 2213)
is amended by striking out ``Section 406(b)(2)(E) of title 37,'' and
inserting in lieu thereof ``Section 406(b)(1)(E) of title 37,''.
(2) Section 3(c)(2) of Public Law 101-533 (22 U.S.C. 3142) is
amended by striking out ``section 2522 of title 10'' and inserting
in lieu thereof ``section 2506 of title 10''.
(3) Section 109(17) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by striking
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out ``section 101(8) of title
10'' and inserting in lieu thereof ``section 101(a)(9) of title
10''.
(4) Section 179(a)(2)(B) of the National and Community Service
Act of 1990 (42 U.S.C. 12639(a)(4)) is amended by striking out
``section 101(4) of title 10,'' and inserting in lieu thereof
``section 101(a)(4) of title 10,''.
(e) Reorganization of Title 10 Provision.--Section 1401a(b) of title
10, United States Code, is amended--
(1) by striking out paragraph (2) and inserting in lieu thereof
the following:
``(2) Pre-august 1, 1986 members.--
``(A) General rule.--The Secretary shall increase the
retired pay of each member and former member who first became a
member of a uniformed service before August 1, 1986, by the
percent (adjusted to the nearest one-tenth of 1 percent) by
which--
``(i) the price index for the base quarter of that year,
exceeds
``(ii) the base index.
``(B) Special rules for fiscal years 1994 through 1998.--
``(i) Fiscal year 1994.--In the case of an increase in
retired pay that, pursuant to paragraph (1), becomes
effective on December 1, 1993, the initial month for which
such increase is payable as part of such retired pay shall
(notwithstanding such December 1 effective date) be March
1994.
``(ii) Fiscal years 1995 through 1998.--In the case of
an increase in retired pay that, pursuant to paragraph (1),
becomes effective on December 1 of 1994, 1995, 1996, or
1997, the initial month for which such increase is payable
as part of such retired pay shall (notwithstanding such
December 1 effective date) be September of the following
year.
``(C) Inapplicability to disability retirees.--Subparagraph
(B) does not apply with respect to the retired pay of a member
retired under chapter 61 of this title.''; and
(2) by striking out paragraph (6).
(f) Extension of Authority for Payments for Leave Accrued and Lost
by Korean Conflict Prisoners of War.--Section 554 of Public Law 102-190
(105 Stat. 1371) is amended--
(1) in subsection (a)--
(A) by inserting ``and who submits a request for such
payment to the Secretary not later than September 30, 1993'' in
the first sentence after ``prisoner of war''; and
(B) by inserting ``or fiscal year 1994'' in the second
sentence after ``fiscal year 1993''; and
(2) in subsection (d), by striking out ``not later than
September 30, 1993'' and inserting in lieu thereof ``not later than
September 30, 1994''.
(g) Corrections of Amendments Made by Public Law 102-484.--Title 10,
United States Code, is amended as follows:
(1) Section 2031(a)(1) is amended by striking out ``Not more
than 200 units may be established by all of the military departments
each year, and the'' in the second sentence and inserting in lieu
thereof ``The''.
(2) Section 2513(c)(2)(B)(ii) is amended by striking out ``two''
and inserting in lieu thereof ``one'';
(h) Coordination With Other Provisions of Act.--For purposes of
applying the amendments made by provisions of this Act other than this
section, this section shall be treated as having been enacted
immediately before the other provisions of this Act.
SEC. 1183. SECURITY CLEARANCES FOR CIVILIAN EMPLOYEES.
(a) Review of Security Clearance Procedures.--(1) The Secretary of
Defense shall conduct a review of the procedural safeguards available to
Department of Defense civilian employees who are facing denial or
revocation of security clearances.
(2) Such review shall specifically consider--
(A) whether the procedural rights provided to Department of
Defense civilian employees should be enhanced to include the
procedural rights available to Department of Defense contractor
employees;
(B) whether the procedural rights provided to Department of
Defense civilian employees should be enhanced to include the
procedural rights available to similarly situated employees in those
Government agencies that provide greater rights than the Department
of Defense; and
(C) whether there should be a difference between the rights
provided to both Department of Defense civilian and contractor
employees with respect to security clearances and the rights
provided with respect to sensitive compartmented information and
special access programs.
(b) Report.--The Secretary shall submit to Congress a report on the
results of the review required by subsection (a) not later than March 1,
1994.
(c) Regulations.--The Secretary shall revise the regulations
governing security clearance procedures for Department of Defense
civilian employees not later than May 15, 1994.
SEC. 1184. VIDEOTAPING OF INVESTIGATIVE INTERVIEWS.
Of the amounts authorized to be appropriated pursuant to section 301
of this Act, $2,500,000 shall be available for use in connection with
videotaping of interviews conducted in the course of Department of
Defense investigations.
SEC. 1185. INVESTIGATIONS OF DEATHS OF MEMBERS OF THE ARMED FORCES FROM
SELF-INFLICTED CAUSES.
(a) Secretary of Defense To Review Death Investigation Procedures.--
(1) The Secretary of Defense shall review the procedures of the military
departments for investigating deaths of members of the Armed Forces that
may have resulted from self-inflicted causes. The Secretary shall
complete the review not later than June 30, 1994.
(2) Not later than July 15, 1994, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the results of such review. The report may include any
recommendations for legislation that the Secretary considers
appropriate.
(3) Not later than October 1, 1994, the Secretary shall prescribe
regulations governing the investigation of deaths of members of the
Armed Forces that may have resulted from self-inflicted causes. The
regulations shall include a date by which the Secretaries of the
military departments are required to implement the regulations.
(b) Inspector General To Review Certain Death Investigations.--(1)
Upon a request that meets the requirements of paragraph (3), the
Inspector General of the Department of Defense shall review each
investigation conducted by a Department of Defense investigative
organization of the death of a member of the Armed Forces who, while
serving on active duty during the period described in paragraph (2),
died from a cause determined to be self-inflicted.
(2) The period referred to in paragraph (1) is the period that--
(A) begins on January 1, 1982; and
(B) ends on the date specified in the regulations prescribed
under subsection (a)(3) as the deadline for the implementation of
such regulations by the Secretaries of the military departments.
(3) Any of the family members of a member of the Armed Forces
referred to in paragraph (1) may request a review under paragraph (1).
The request must be received by the Secretary of the military department
concerned not later than one year after the date referred to in
paragraph (2)(B) and shall contain or describe specific evidence of a
material deficiency in the previous investigation.
(4) If the Inspector General determines that a previous
investigation of a death was deficient in a material respect, the
Inspector General shall conduct any additional investigation that the
Inspector General considers necessary to determine the cause of that
death.
(5) The Inspector General shall submit to the Secretary of the
military department concerned a report on the results of each review
conducted under paragraph (1) and each additional investigation
conducted under paragraph (4) as a result of that review.
(6) The Secretary of the military
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department concerned, consistent
with other applicable law, shall take such corrective actions with
regard to matters contained in the report as the Secretary considers
appropriate.
(7) To the same extent that fatality reports may be furnished to
family members under section 1072 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2508; 10 U.S.C.
113 note), the Inspector General, after consultation with the Secretary
of the military department concerned, shall provide a copy of the
Inspector General's report on the review of a death investigation to
each of the family members who requested the review.
(c) Definitions.--In this section:
(1) The term ``active duty'' has the meaning given such term in
section 101(d)(1) of title 10, United States Code.
(2) The term ``family members'' has the meaning given such term
in section 1072(c)(2) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2510; 10 U.S.C. 133
note).
(d) Applicability to Coast Guard.--The Secretary of Transportation
shall implement with respect to the Coast Guard the requirements that
are imposed by this section on the Secretary of Defense and the
Inspector General of the Department of Defense.
SEC. 1186. EXPORT LOAN GUARANTEES.
(a) Authority to Provide Loan Guarantees.--Subject to subsection (b)
and subject to the availability of appropriations for this purpose, the
President may carry out a program to issue guarantees during fiscal year
1994 against the risk of nonpayment arising out of loan financing of the
sale of defense articles and defense services to any member nation of
the North Atlantic Treaty Organization (other than the United States),
Israel, Australia, Japan, or the Republic of Korea. The aggregate amount
guaranteed under this section in such fiscal year may not exceed
$1,000,000,000.
(b) Certification of Intent to Use Authority.--The President may not
issue guarantees under the loan guarantee program unless, not later than
the end of the 180-day period beginning on the date of the enactment of
this Act, the President certifies to Congress that--
(1) the President intends to issue loan guarantees under the
loan guarantee program;
(2) the exercise of the authority provided under the program is
consistent with the objectives of the Arms Export Control Act (22
U.S.C. 2751 et seq.); and
(3) the exercise of the authority provided under the program is
consistent with the policy of the United States regarding
conventional arms sales and nonproliferation goals.
(c) Prohibition on Use of Certain Funds.--None of the funds
authorized to be appropriated in this Act and made available for defense
conversion, reinvestment, and transition assistance programs (as defined
in section 1302(c)) may be used to finance the subsidy cost of loan
guarantees issued under this section.
(d) Terms and Conditions.--(1) In issuing guarantees under the loan
guarantee program for medium- and long-term loans for sales of defense
articles or defense services, the President may not offer terms and
conditions more beneficial than would be provided by the Export-Import
Bank of the United States under similar circumstances in conjunction
with the provision of guarantees for nondefense articles and services.
(2) The issuance of loan guarantees for exports under the loan
guarantee program shall be subject to all United States Government
review procedures for arms sales to foreign governments and shall be
consistent with United States policy on arms sales to those nations
referred to in subsection (a).
(e) Subsidy Cost and Funding.--(1) There is authorized to be
appropriated for fiscal year 1994, $25,000,000 for the subsidy cost of
the loan guarantees issued under this section.
(2) Funds authorized to be available for the Export-Import Bank of
the United States may not be used for the execution of the loan
guarantee program.
(f) Executive Agency.--The Department of Defense shall be the
executive agency responsible for administration of the loan guarantee
program unless the President, in consultation with Congress, designates
another department or agency to implement the program. Applications for
guarantees issued under this section shall be submitted to the Secretary
of Defense, who may make such arrangements as are necessary with other
departments or agencies to process the applications and otherwise to
implement the loan guarantee program.
(g) Fees Charged and Collected.--A fee shall be charged for each
guarantee issued under the loan guarantee program. All fees collected in
connection with guarantees issued under the program under this section
shall be available to offset the cost of guarantee obligations under the
program. All of the fees collected under this subsection, together with
earnings on those fees and other income arising from guarantee
operations under the program, shall be held in a financing account
maintained in the Treasury of the United States. All funds in such
account may be invested in obligations of the United States. Any
interest or other receipts derived from such investments shall be
credited to such account and may be used for the purposes of the
program.
(h) National Security Council Review Process.--In addition to the
interagency review process for arms sales to foreign governments
referred to in subsection (d)(2), the National Security Council shall
review each proposed sale for which a guarantee is proposed to be issued
under the loan guarantee program to determine whether the sale is in
accord with United States security interests, that it contributes to
collective defense burden sharing, and that it is consistent with United
States nonproliferation goals.
(i) Definitions.--For purposes of this section, the terms ``defense
article'', ``defense service'', and ``defense articles and defense
services'' have the meanings given those terms in section 47 of the Arms
Export Control Act (22 U.S.C. 2794).
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Cooperative Threat Reduction Act of
1993''.
SEC. 1202. FINDINGS ON COOPERATIVE THREAT REDUCTION.
The Congress finds that it is in the national security interest of
the United States for the United States to do the following:
(1) Facilitate, on a priority basis, the transportation,
storage, safeguarding, and elimination of nuclear and other weapons
of the independent states of the former Soviet Union, including--
(A) the safe and secure storage of fissile materials derived
from the elimination of nuclear weapons;
(B) the dismantlement of (i) intercontinental ballistic
missiles and launchers for such missiles, (ii) submarine-
launched ballistic missiles and launchers for such missiles, and
(iii) heavy bombers; and
(C) the elimination of chemical, biological and other
weapons capabilities.
(2) Facilitate, on a priority basis, the prevention of
proliferation of weapons (and components of weapons) of mass
destruction and destabilizing conventional weapons of the
independent states of the former Soviet Union and the establishment
of verifiable safeguards against the proliferation of such weapons
and components.
(3) Facilitate, on a priority basis, the prevention of diversion
of weapons-related scientific expertise of the independent states of
the former Soviet Union to terrorist groups or third world
countries.
(4) Support (A) the demilitarization of the defense-related
industry and equipment of the independent states of the former
Soviet Union, and (B) the conversion of such industry and equipment
to civilian purposes and uses.
(5) Expand military-to-military and defense contacts between the
United States and the independent st
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ates of the former Soviet Union.
SEC. 1203. AUTHORITY FOR PROGRAMS TO FACILITATE COOPERATIVE THREAT
REDUCTION.
(a) In General.--Notwithstanding any other provision of law, the
President may conduct programs described in subsection (b) to assist the
independent states of the former Soviet Union in the demilitarization of
the former Soviet Union. Any such program may be carried out only to the
extent that the President determines that the program will directly
contribute to the national security interests of the United States.
(b) Authorized Programs.--The programs referred to in subsection (a)
are the following:
(1) Programs to facilitate the elimination, and the safe and
secure transportation and storage, of nuclear, chemical, and other
weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons, weapons
components, and weapons-related technology and expertise.
(4) Programs to expand military-to-military and defense
contacts.
(5) Programs to facilitate the demilitarization of defense
industries and the conversion of military technologies and
capabilities into civilian activities.
(6) Programs to assist in the environmental restoration of
former military sites and installations when such restoration is
necessary to the demilitarization or conversion programs authorized
in paragraph (5).
(7) Programs to provide housing for former military personnel of
the former Soviet Union released from military service in connection
with the dismantlement of strategic nuclear weapons, when provision
of such housing is necessary for dismantlement of strategic nuclear
weapons and when no other funds are available for such housing.
(8) Other programs as described in section 212(b) of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-
228; 22 U.S.C. 2551 note) and section 1412(b) of the Former Soviet
Union Demilitarization Act of 1992 (title XIV of Public Law 102-484;
22 U.S.C. 5901 et seq.).
(c) United States Participation.--The programs described in
subsection (b) should, to the extent feasible, draw upon United States
technology and expertise, especially from the private sector of the
United States.
(d) Restrictions.--Assistance authorized by subsection (a) may not
be provided to any independent state of the former Soviet Union for any
year unless the President certifies to Congress for that year that the
proposed recipient state is committed to each of the following:
(1) Making substantial investment of its resources for
dismantling or destroying its weapons of mass destruction, if such
state has an obligation under a treaty or other agreement to destroy
or dismantle any such weapons.
(2) Foregoing any military modernization program that exceeds
legitimate defense requirements and foregoing the replacement of
destroyed weapons of mass destruction.
(3) Foregoing any use in new nuclear weapons of fissionable or
other components of destroyed nuclear weapons.
(4) Facilitating United States verification of any weapons
destruction carried out under this title, section 1412(b) of the
Former Soviet Union Demilitarization Act of 1992 (title XIV of
Public Law 102-484; 22 U.S.C. 590(b)), or section 212(b) of the
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law
102-228; 22 U.S.C. 2551 note).
(5) Complying with all relevant arms control agreements.
(6) Observing internationally recognized human rights, including
the protection of minorities.
SEC. 1204. DEMILITARIZATION ENTERPRISE FUND.
(a) Designation of Fund.--The President is authorized to designate a
Demilitarization Enterprise Fund for the purposes of this section. The
President may designate as the Demilitarization Enterprise Fund any
organization that satisfies the requirements of subsection (e).
(b) Purpose of Fund.--The purpose of the Demilitarization Enterprise
Fund is to receive grants pursuant to this section and to use the grant
proceeds to provide financial support under programs described in
subsection (b)(5) for demilitarization of industries and conversion of
military technologies and capabilities into civilian activities.
(c) Grant Authority.--The President may make one or more grants to
the Demilitarization Enterprise Fund.
(d) Risk Capital Funding of Demilitarization.--The Demilitarization
Enterprise Fund shall use the proceeds of grants received under this
section to provide financial support in accordance with subsection (b)
through transactions as follows:
(1) Making loans.
(2) Making grants.
(3) Providing collateral for loan guaranties by the Export-
Import Bank of the United States.
(4) Taking equity positions.
(5) Providing venture capital in joint ventures with United
States industry.
(6) Providing risk capital through any other form of transaction
that the President considers appropriate for supporting programs
described in subsection (b)(5).
(e) Eligible Organization.--An organization is eligible for
designation as the Demilitarization Enterprise Fund if the
organization--
(1) is a private, nonprofit organization;
(2) is governed by a board of directors consisting of private
citizens of the United States; and
(3) provides assurances acceptable to the President that it will
use grants received under this section to provide financial support
in accordance with this section.
(f) Operational Provisions.--The following provisions of section 201
of the Support for East European Democracy (SEED) Act of 1989 (Public
Law 101-179; 22 U.S.C. 5421) shall apply with respect to the
Demilitarization Enterprise Fund in the same manner as such provisions
apply to Enterprise Funds designated pursuant to subsection (d) of such
section:
(1) Subsection (d)(5), relating to the private character of
Enterprise Funds.
(2) Subsection (h), relating to retention of interest earned in
interest bearing accounts.
(3) Subsection (i), relating to use of United States private
venture capital.
(4) Subsection (k), relating to support from Executive agencies.
(5) Subsection (l), relating to limitation on payments to Fund
personnel.
(6) Subsections (m) and (n), relating to audits.
(7) Subsection (o), relating to record keeping requirements.
(8) Subsection (p), relating to annual reports.
In addition, returns on investments of the Demilitarization Enterprise
Fund and other payments to the Fund may be reinvested in projects of the
Fund.
(g) Experience of Other Enterprise Funds.--To the maximum extent
practicable, the Board of Directors of the Demilitarization Enterprise
Fund should adopt for that Fund practices and procedures that have been
developed by Enterprise Funds for which funding has been made available
pursuant to section 201 of the Support for East European Democracy
(SEED) Act of 1989 (Public Law 101-179; 22 U.S.C. 5421).
(h) Consultation Requirement.--In the implementation of this
section, the Secretary of State and the Administrator of the Agency for
International Development shall be consulted to ensure that the Articles
of Incorporation of the Fund (including provisions specifying the
responsibilities of the Board of Directors of the Fund), the terms of
United States Government grant agreements with the Fund, and United
States Government oversight of the Fund are, to the maximum extent
practicable, consistent with the Articles of Incorporation of, the terms
of grant agreements with, and the oversight of the Enterprise Funds
established pursuant to section 201 of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions
of law.
(i
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) Initial Implementation.--The Board of Directors of the
Demilitarization Enterprise Fund shall publish the first annual report
of the Fund not later than January 31, 1995.
(j) Termination of Designation.--A designation of an organization as
the Demilitarization Enterprise Fund under subsection (a) shall be
temporary. When making the designation, the President shall provide for
the eventual termination of the designation.
SEC. 1205. FUNDING FOR FISCAL YEAR 1994.
(a) Authorization of Appropriations.--Funds authorized to be
appropriated under section 301(21) shall be available for cooperative
threat reduction with states of the former Soviet Union under this
title.
(b) Limitations.--(1) Not more than $15,000,000 of the funds
referred to in subsection (a) may be made available for programs
authorized in subsection (b)(6) of section 1203.
(2) Not more than $20,000,000 of such funds may be made available
for programs authorized in subsection (b)(7) of section 1203.
(3) Not more than $40,000,000 of such funds may be made available
for grants to the Demilitarization Enterprise Fund designated pursuant
to section 1204 and for related administrative expenses.
(c) Authorization of Extension of Availability of Prior Year
Funds.--To the extent provided in appropriations Acts, the authority to
transfer funds of the Department of Defense provided in section 9110(a)
of the Department of Defense Appropriations Act, 1993 (Public Law 102-
396; 106 Stat. 1928), and in section 108 of Public Law 102-229 (105
Stat. 1708) shall continue to be in effect during fiscal year 1994.
SEC. 1206. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Notice of Proposed Obligation.--Not less than 15 days before
obligation of any funds for programs under section 1203, the President
shall transmit to the appropriate congressional committees as defined in
section 1208 a report on the proposed obligation. Each such report shall
specify--
(1) the activities and forms of assistance for which the
President plans to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement of the departments and agencies of
the United States Government and the private sector of the United
States.
(b) Reports on Demilitarization or Conversion Projects.--Any report
under subsection (a) that covers proposed demilitarization or conversion
projects under paragraph (5) or (6) of section 1203(b) shall contain
additional information to assist the Congress in determining the merits
of the proposed projects. Such information shall include descriptions
of--
(1) the facilities to be demilitarized;
(2) the types of activities conducted at those facilities and of
the types of nonmilitary activities planned for those facilities;
(3) the forms of assistance to be provided by the United States
Government and by the private sector of the United States;
(4) the extent to which military activities and production
capability will consequently be eliminated at those facilities; and
(5) the mechanisms to be established for monitoring progress on
those projects.
SEC. 1207. SEMIANNUAL REPORT.
Not later than April 30, 1994, and not later than October 30, 1994,
the President shall transmit to the appropriate congressional committees
a report on the activities carried out under this title. Each such
report shall set forth, for the preceding six-month period and
cumulatively, the following:
(1) The amounts obligated and expended for such activities and
the purposes for which they were obligated and expended.
(2) A description of the participation, if any, of each
department and agency of the United States Government in such
activities.
(3) A description of the activities carried out and the forms of
assistance provided, and a description of the extent to which the
private sector of the United States has participated in the
activities for which amounts were obligated and expended under this
title.
(4) Such other information as the President considers
appropriate to fully inform the Congress concerning the operation of
the programs and activities carried out under this title, including,
with respect to proposed demilitarization or conversion projects,
additional information on the progress toward demilitarization of
facilities and the conversion of the demilitarized facilities to
civilian activities.
SEC. 1208. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate, the
Committee on Foreign Affairs of the House of Representatives, and
the Committees on Appropriations of the House and the Senate,
wherever the account, budget activity, or program is funded from
appropriations made under the international affairs budget function
(150);
(2) the Committees on Armed Services and the Committees on
Appropriations of the Senate and the House of Representatives,
wherever the account, budget activity, or program is funded from
appropriations made under the national defense budget function
(050); and
(3) the committee to which the specified activities of section
1203, if the subject of separate legislation, would be referred
under the rules of the respective House of Congress.
SEC. 1209. AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 ASSISTANCE TO
THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal year 1993 for ``Operation and Maintenance,
Defense Agencies'' the additional sum of $979,000,000, to be available
for the purposes of providing assistance to the independent states of
the former Soviet Union.
(b) Authorization of Transfer of Funds.--The Secretary of Defense
may, to the extent provided in appropriations Acts, transfer from the
account ``Operation and Maintenance, Defense Agencies'' for fiscal year
1993 a sum not to exceed the amount appropriated pursuant to the
authorization in subsection (a) to--
(1) other accounts of the Department of Defense for the purpose
of providing assistance to the independent states of the former
Soviet Union; or
(2) appropriations available to the Department of State and
other agencies of the United States Government for the purpose of
providing assistance to the independent states of the former Soviet
Union for programs that the President determines will increase the
national security of the United States.
(c) Administrative Provisions.--(1) Amounts transferred under
subsection (b) shall be available subject to the same terms and
conditions as the appropriations to which transferred.
(2) The authority to make transfers pursuant to this section is in
addition to any other transfer authority of the Department of Defense.
(d) Coordination of Programs.--The President shall coordinate the
programs described in subsection (b) with those authorized in the other
provisions of this title and in the provisions of the Freedom for Russia
and Emerging Eurasian Democracies and Open Markets Support Act of 1992
(Public Law 102-511) so as to optimize the contribution such programs
make to the national interests of the United States.
TITLE XIII--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Defense Conversion, Reinvestment,
and Transition Assistance Amendments of 1993''.
SEC. 1302. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION
ASSISTANCE PROGRAMS FOR FISCAL YEAR 1994.
(a) Funding.--Of the amounts authorized to be appropriated pursuant
to this Act for the Department of Defense for fiscal year 1994, the sum
of $2,553,315,000 shall be available from the sources specified in
subsection (b) for defense conversion, reinvestment, and transition
assist
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ance programs.
(b) Sources of Funds.--The amount set forth in subsection (a) shall
be derived from the following sources in amounts as follows:
(1) $147,000,000 of the amounts authorized to be appropriated
pursuant to section 108 to carry out subtitle D.
(2) $2,071,315,000 of the amounts authorized to be appropriated
pursuant to title II.
(3) $335,000,000 of the amounts authorized to be appropriated
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 Public Law 102-484; 106 Stat. 2658) and the
amendments made by that Act.
(2) The programs and activities authorized by this title and the
amendments made by this title.
SEC. 1303. REPORTS ON DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION
ASSISTANCE PROGRAMS.
(a) Report Required.--During each of the fiscal years 1994, 1995,
and 1996, the Secretary of Defense shall prepare a report that assesses
the effectiveness of all defense conversion, reinvestment, and
transition assistance programs (as defined in section 1302) during the
preceding fiscal year.
(b) Contents of Report.--To the maximum extent practicable, each
report required under subsection (a) shall include an assessment of each
of the following:
(1) The status of the obligation of appropriated funds for each
defense conversion, reinvestment, and transition assistance program.
(2) With respect to each component of the dual-use partnership
program element specified in paragraphs (1) through (10) of section
1311(b)--
(A) the extent to which the component meets the objectives
set forth in section 2501 of title 10, United States Code;
(B) the technology benefits of the component to the national
technology and industrial base;
(C) any evidence of commercialization of technologies
developed under the component;
(D) the extent to which the investments under the component
have affected levels of employment;
(E) the number of defense firms participating in cooperative
agreements or other arrangements under the component;
(F) the extent to which matching fund requirements of the
component were met by cash contributions by the non-Federal
Government participants;
(G) the extent to which defense technology reinvestment
projects under the component have met milestones and financial
and technical requirements;
(H) the extent to which the component is integrated with
technology programs conducted by other Federal agencies; and
(I) the number of proposals under the component that were
received from small business concerns and the number of awards
made to small business concerns.
(3) With respect to each personnel assistance program conducted
under subtitle C of this title, title XLIV of the Defense
Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 106 Stat. 2701), and the
amendments made by that subtitle or title--
(A) the extent to which the program meets the objectives set
forth in section 2501(b) of title 10, United States Code;
(B) the number of individuals eligible for transition
assistance under the program;
(C) the number of individuals directly receiving transition
assistance under the program and the projected number of
individuals who will directly receive transition assistance;
(D) in the case of a job training program, an estimate of
the number of individuals who have secured permanent employment
as a result of participation in the program; and
(E) the extent to which the transition assistance activities
under the program duplicated other transition assistance
provided or administered outside the Department of Defense.
(c) Submission of Report.--The report required under subsection (a)
for a particular fiscal year shall be submitted to Congress at the same
time that the Secretary of Defense submits the annual report required
under section 113(c) of title 10, United States Code, for that fiscal
year.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
SEC. 1311. FUNDING OF DEFENSE DUAL-USE PARTNERSHIPS PROGRAM FOR FISCAL
YEAR 1994.
(a) Funds Available.--Of the amount authorized to be appropriated
under section 201 for Defense-wide activities and specified in section
1302(b) as a source of funds for defense conversion, reinvestment, and
transition assistance programs, $624,000,000 shall be available for
activities described in the dual-use partnerships program element of the
budget of the Department of Defense for fiscal year 1994.
(b) Allocation of Funds.--The funds made available under subsection
(a) shall be allocated as follows:
(1) $250,000,000 shall be available for defense dual-use
critical technology partnerships under section 2511 of title 10,
United States Code.
(2) $75,000,000 shall be available for commercial-military
integration partnerships under section 2512 of such title.
(3) $75,000,000 shall be available for defense regional
technology alliances under section 2513 of such title.
(4) $50,000,000 shall be available for defense advanced
manufacturing technology partnerships under section 2522 of such
title.
(5) $30,000,000 shall be available for support of manufacturing
extension programs under section 2523 of such title;
(6) $30,000,000 shall be available for the defense dual-use
extension program under section 2524 of such title, of which--
(A) not more than $15,000,000 shall be available for
assistance pursuant to subsection (c)(3) of such section; and
(B) not more than $15,000,000 shall be available for loan
guarantees pursuant to subsection (b)(3) of such section.
(7) $24,000,000 shall be available for defense manufacturing
engineering education grants under section 2196 of such title.
(8) $10,000,000 shall be available for grants under section 2198
of such title to United States institutions of higher education and
other United States not-for-profit organizations to support the
management training program in Japanese language and culture.
(9) $30,000,000 shall be available for the advanced materials
synthesis and processing partnership program.
(10) $50,000,000 shall be available for the agile manufacturing/
enterprise integration program.
(c) Availability of Funds for Fiscal Year 1993 Projects.--Funds made
available under subsection (a) may also be used to make awards to
projects of the types described in subsection (b) that were solicited in
fiscal year 1993.
SEC. 1312. DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, REINVESTMENT, AND
CONVERSION PLANNING.
(a) Abolishment of Defense Economic Adjustment Center.--(1) Section
2504 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of subchapter II of
chapter 148 of such title is amended by striking out the item relating
to section 2504.
(b) National Defense Technology and Industrial Base Council.--
Section 2502 of such title is amended by adding at the end the following
new subsection:
``(d) Alternative Performance of Responsibilities.--Notwithstanding
subsection (c), the President may assign the responsibilities of the
Council to another interagency organization of the Executive branch that
includes among its members the officials specified in paragraphs (1)
through (4) of subs
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ection (b).''.
SEC. 1313. CONGRESSIONAL DEFENSE POLICY CONCERNING DEFENSE TECHNOLOGY
AND INDUSTRIAL BASE, REINVESTMENT, AND CONVERSION.
Section 2501(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) Furthering the missions of the Department of Defense
through the support of policy objectives and programs relating to
the defense reinvestment, diversification, and conversion objectives
specified in subsection (b).''.
SEC. 1314. EXPANSION OF BUSINESSES ELIGIBLE FOR LOAN GUARANTEES UNDER
THE DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM.
Section 2524 of title 10, United States Code, is amended--
(1) in subsection (b)(3), by striking out ``small businesses''
and inserting in lieu thereof ``small business concerns and medium-
sized business concerns'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by adding at the end the following new subsection:
``(g) Definition.--In this section, the `medium-sized business
concern' means a business concern that is not more than two times the
maximum size specified by the Administrator of the Small Business
Administration for purposes of determining whether a business concern
furnishing a product or service is a small business concern.''.
SEC. 1315. CONSISTENCY IN FINANCIAL COMMITMENT REQUIREMENTS OF NON-
FEDERAL GOVERNMENT PARTICIPANTS IN TECHNOLOGY REINVESTMENT PROJECTS.
(a) Defense Dual-Use Critical Technology Partnerships.--Section
2511(c) of title 10, United States Code, is amended to read as follows:
``(c) Financial Commitment of Non-Federal Government Participants.--
(1) The Secretary of Defense shall ensure that the amount of funds
provided by the Federal Government to a partnership does not exceed 50
percent of the total cost of partnership activities.
``(2) The Secretary may prescribe regulations to provide for
consideration of in-kind contributions by non-Federal Government
participants in a partnership for the purpose of calculating the share
of the partnership costs that has been or is being undertaken by such
participants. In such regulations, the Secretary may authorize a
participant that is a small business concern to use funds received under
the Small Business Innovation Research Program or the Small Business
Technology Transfer Program to help pay the costs of partnership
activities. Any such funds so used may be considered in calculating the
amount of the financial commitment undertaken by the non-Federal
Government participants unless the Secretary determines that the small
business concern has not made a significant equity percentage
contribution in the partnership from non-Federal sources.''.
(b) Commercial-Military Integration Partnerships.--Section
2512(c)(3) of such title is amended by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph:
``(B) In such regulations, the Secretary may authorize a participant
that is a small business concern to use funds received under the Small
Business Innovation Research Program or the Small Business Technology
Transfer Program to help pay the costs of partnership activities. Any
such funds so used may be considered in calculating the amount of the
financial commitment undertaken by the non-Federal Government
participants unless the Secretary determines that the small business
concern has not made a significant equity percentage contribution in the
partnership from non-Federal sources.''.
(c) Regional Technology Alliances Assistance Program.--Section
2513(e) of such title is amended by adding at the end the following new
paragraph:
``(3) The Secretary may prescribe regulations to provide for
consideration of in-kind contributions by non-Federal Government
participants in a regional technology alliance for the purpose of
calculating the share of the costs that has been or is being undertaken
by such participants. In such regulations, the Secretary may authorize a
participant that is a small business concern to use funds received under
the Small Business Innovation Research Program or the Small Business
Technology Transfer Program to help pay the costs of a regional
technology alliance. Any such funds so used may be considered in
calculating the amount of the financial commitment undertaken by the
non-Federal Government participants unless the Secretary determines that
the small business concern has not made a significant equity percentage
contribution in the regional technology alliance from non-Federal
sources.''.
(d) Manufacturing Extension Programs.--Section 2523(b)(3) of such
title is amended--
(1) in subparagraph (A), by striking out the first sentence and
inserting in lieu thereof the following: ``The Secretary shall
ensure that the amount of financial assistance furnished by the
Federal Government to a manufacturing extension program under this
subsection may not exceed 50 percent of the total cost of the
program.''; and
(2) by adding at the end the following new subparagraph:
``(D) The Secretary may prescribe regulations to provide for
consideration of in-kind contributions by non-Federal Government
participants in a manufacturing extension program for the purpose of
calculating the share of the costs that has been or is being undertaken
by such participants. In such regulations, the Secretary may authorize a
participant that is a small business concern to use funds received under
the Small Business Innovation Research Program or the Small Business
Technology Transfer Program to help pay the costs of the program. Any
such funds so used may be considered in calculating the amount of the
financial commitment undertaken by the non-Federal Government
participants unless the Secretary determines that the small business
concern has not made a significant equity percentage contribution in the
program from non-Federal sources.''.
(e) Defense Dual-Use Assistance Extension Program.--Section 2524(d)
of such title is amended to read as follows:
``(d) Financial Commitment of Non-Federal Government Participants.--
(1) The Secretary shall ensure that the amount of funds provided by the
Secretary to a program under this section does not exceed 50 percent of
the total cost of the program.
``(2) The Secretary may prescribe regulations to provide for
consideration of in-kind contributions by non-Federal Government
participants in a program under this section for the purpose of
calculating the share of the costs that has been or is being undertaken
by such participants. In such regulations, the Secretary may authorize a
participant that is a small business concern to use funds received under
the Small Business Innovation Research Program or the Small Business
Technology Transfer Program to help pay the costs of the program. Any
such funds so used may be considered in calculating the amount of the
financial commitment undertaken by the non-Federal Government
participants unless the Secretary determines that the small business
concern has not made a significant equity percentage contribution in the
program from non-Federal sources.''.
(f) Definitions.--Section 2491 of such title is amended by adding at
the end the following new paragraphs:
``(13) The term `Small Business Innovation Research Program'
means the program established under the following provisions of
section 9 of the Small Business Act (15 U.S.C. 638):
``(A) Paragraphs (4) through (7) of subsection (b).
``(B) Subsections (e) through (l).
``(14) The term `Small Business Technology Transfer Program'
means the program established under the following provisions of such
section:
``(A) Paragraphs (4) through (7) of subsection (b).
``(B) Subsections (e) and (n) through (p).
``(15) The term `significant equity percentage' means--
``(A) a level of contribution and participation sufficient,
when compared to the other non-Federal participants in the
partn
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ership or other cooperative arrangement involved, to
demonstrate a comparable long-term financial commitment to the
product or process development involved; and
``(B) any other criteria the Secretary may consider
necessary to ensure an appropriate equity mix among the
participants.''.
(g) Application of Amendments to Existing Projects.--In the case of
a project funded under section 2511, 2512, 2513, 2523, or 2524 of title
10, United States Code, using funds appropriated for a fiscal year
beginning before October 1, 1993, the amendments made by this section
shall not alter the financial commitment requirements in effect on the
day before the date of the enactment of this Act for the non-Federal
Government participants in the project.
SEC. 1316. ADDITIONAL CRITERIA FOR THE SELECTION OF REGIONAL TECHNOLOGY
ALLIANCES.
Section 2513(h) of title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (7); and
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) The potential for the regional technology alliance to
increase industrial competitiveness.
``(6) The potential for the regional technology alliance to meet
the needs of small- and medium-sized defense-dependent companies
across multiple activity areas including--
``(A) outreach;
``(B) manufacturing education and training;
``(C) technology development;
``(D) technology deployment; and
``(E) business counseling.''.
SEC. 1317. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT
PROJECTS.
(a) Benefits to United States Economy.--In providing for the
establishment or financial support of partnerships or other cooperative
arrangements under chapter 148 of title 10, United States Code, using
funds made available under section 1311(a), the Secretary of Defense
shall ensure that the principal economic benefits of such partnerships
and other arrangements accrue to the economy of the United States.
(b) Use of Competitive Selection Procedures.--Funds made available
under subsection (a) of section 1311 for programs of the type described
in subsection (b) of such section shall only be provided to projects
selected using competitive procedures pursuant to a solicitation
incorporating cost-sharing requirements for the non-Federal Government
participants in the projects.
(c) Conforming Amendment.--Section 2511(e) of title 10, United
States Code, is amended by striking out ``, except that'' and all that
follows through ``applies''.
Subtitle B--Community Adjustment and Assistance Programs
SEC. 1321. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR STATES AND
LOCAL GOVERNMENTS FROM THE OFFICE OF ECONOMIC ADJUSTMENT.
(a) Funding For Fiscal Year 1994.--Of the amount made available
pursuant to section 1302(a), $69,000,000 shall be available as community
adjustment and economic diversification assistance under section 2391(b)
of title 10, United States Code.
(b) Preparation Assistance.--The Secretary of Defense may use up to
five percent of the amount specified in subsection (a) for the purpose
of providing preparation assistance to those States intending to
establish the types of programs for which assistance is authorized under
section 2391(b) of title 10, United States Code.
SEC. 1322. ASSISTANCE FOR COMMUNITIES ADVERSELY AFFECTED BY CATASTROPHIC
OR MULTIPLE BASE CLOSURES OR REALIGNMENTS.
(a) Assistance Available.--Not less than 25 percent of the funds
made available for fiscal year 1994 to carry out subsection (b) of
section 2391 of title 10, United States Code, but not to exceed 50
percent of such funds, shall be used by the Secretary of Defense under
paragraphs (1) and (4) of such subsection to make grants, conclude
cooperative agreements, and supplement funds available under other
Federal programs in order to assist State and local governments in
planning and carrying out community adjustments and economic
diversification in any community determined by the Secretary--
(1) to be likely to experience a loss of not less than five
percent of the total number of civilian jobs in the community as a
result of the realignment or closure of a military installation; or
(2) to be adversely affected by the realignment or closure of
more than one military installation.
(b) Amount of Planning Assistance.--In providing assistance on
behalf of communities described in subsection (a) under section
2391(b)(1) of title 10, United States Code, the Secretary of Defense
shall ensure, to the greatest extent practicable, that the amount of
such assistance provided on behalf of each such community for planning
community adjustments and economic diversification is not less than
$1,000,000 during fiscal year 1994.
(c) Additional Adjustment Assistance.--In providing adjustment
assistance (in addition to the planning assistance provided under
subsection (b)) on behalf of communities described in subsection (a), to
the maximum extent practicable, favorable consideration shall be given
to proposals for economic adjustment implementation assistance of not
more than $5,000,000 to be provided in accordance with established
criteria, programs, and procedures governing the provision of such
assistance.
SEC. 1323. CONTINUATION OF PILOT PROJECT TO IMPROVE ECONOMIC ADJUSTMENT
PLANNING.
(a) Continuation of Program.--Subsection (a) of section 4302 of the
Defense Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 10 U.S.C. 2391 note) is amended by
striking out ``fiscal year 1993'' and inserting in lieu thereof ``fiscal
years 1993 and 1994''.
(b) Funding For Fiscal Year 1994.--Of the amount made available
pursuant to section 1302(a) for defense conversion, reinvestment, and
transitional assistance programs, not more than $1,000,000 shall be made
available to continue the pilot project required under section 4302 of
the Defense Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 10 U.S.C. 2391 note) with
respect to those projects involving relieving the adverse effects upon a
community from a combination of the closure or realignment of a military
installation and changes in the mission of a national laboratory.
Subtitle C--Personnel Adjustment, Education, and Training Programs
SEC. 1331. CONTINUATION OF TEACHER AND TEACHER'S AIDE PLACEMENT
PROGRAMS.
(a) Expanded Coverage of Certain Members of the Armed Forces.--
Subsection (e)(1) of section 1151 of title 10, United States Code, is
amended by striking out ``before the date of the discharge or release''
in the first sentence and inserting in lieu thereof ``not later than one
year after the date of the discharge or release''.
(b) Eligibility of Members Not Educationally Qualified for Teacher
Placement Assistance.--(1) Subsection (c) of such section is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) For purposes of this section, a former member of the armed
forces who did not meet the minimum educational qualification criterion
set forth in paragraph (1)(B)(i) for teacher placement assistance before
discharge or release from active duty shall be considered to be a member
satisfying such educational qualification criterion upon satisfying that
criterion within five years after discharge or release from active
duty.''.
(2) Subsection (e) of such section is amended--
(A) in paragraph (1), as amended by subsection (a), by inserting
before the period at the end of the first sentence the following:
``or, in the case of an applicant becoming educationally qualified
for teacher placement assistance in accordance with subsection
(c)(2), not later than one year after the date on which the
applicant becomes educationally qualified''; and
(B) by add
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ing at the end the following new paragraph:
``(4)(A) The Secretary shall provide under the program for
identifying, during each fiscal year in the period referred to in
subsection (c)(1)(A), noncommissioned officers who, on or before the end
of such fiscal year, will have completed 10 or more years of continuous
active duty, who have the potential to perform competently as elementary
or secondary school teachers, but who do not satisfy the minimum
educational qualification criterion under subsection (c)(1)(B)(i) for
teacher placement assistance.
``(B) The Secretary shall inform noncommissioned officers identified
under subparagraph (A) of the opportunity to qualify in accordance with
subsection (c)(2) for teacher placement assistance under the program.''.
(c) Extension of Period of Required Service.--(1) Section 1151 of
such title is further amended--
(A) in subsection (f)(2), by striking out ``two school years''
both places it appears and inserting in lieu thereof ``five school
years'';
(B) in subsection (h)(3)(A), by striking out ``two consecutive
school years'' and inserting in lieu thereof ``five consecutive
school years'';
(C) in subsection (h)(5), by striking out ``two years'' both
places it appears and inserting in lieu thereof ``five years''; and
(D) in subsection (i)(1), by striking out ``two years'' both
places it appears and inserting in lieu thereof ``five years''.
(2) Section 1598(d)(2) of such title is amended by striking out
``two school years'' both places it appears and inserting in lieu
thereof ``five school years''.
(3) Section 2410j(f)(2) of such title is amended by striking out
``two school years'' both places it appears and inserting in lieu
thereof ``five school years''.
(d) Grant Payments.--Subsection (h)(3)(B) of section 1151 of such
title is amended by striking out ``equal to the lesser of--'' and all
that follows through ``$50,000.'' and inserting in lieu thereof the
following: ``based upon the basic salary paid by the local educational
agency to the participant as a teacher or teacher's aide. The rate of
payment by the Secretary shall be as follows:
``(i) For the first school year of employment, 50 percent of
the basic salary, except that the payment may not exceed
$25,000.
``(ii) For the second school year of employment, 40 percent
of the basic salary, except that the payment may not exceed
$10,000.
``(iii) For the third school year of employment, 30 percent
of the basic salary, except that the payment may not exceed
$7,500.
``(iv) For the fourth school year of employment, 20 percent
of the basic salary, except that the payment may not exceed
$5,000.
``(v) For the fifth year of employment, 10 percent of the
basic salary, except that the payment may not exceed $2,500.''.
(e) Increased Flexibility in Providing Stipends and Placement
Grants.--Subsection (h) of such section is amended in paragraphs (1) and
(2) by striking out ``shall'' both places it appears and inserting in
lieu thereof ``may''.
(f) Agreements with States.--Subsection (h) of such section is
further amended by adding at the end the following new paragraph:
``(7)(A) In addition to the agreements referred to in paragraphs (1)
and (2), the Secretary may enter into an agreement directly with a State
identified pursuant to subsection (b)(1) to allow the State to arrange
the placement of participants in the placement program with local
educational agencies identified pursuant to subsection (b)(2) or (b)(3).
The Secretary shall consult with the Secretary of Education in entering
into agreements with States under this paragraph.
``(B) With respect to an agreement under this paragraph with a
State, nothing in this paragraph shall be construed to negate or
supersede the authority of any appropriate official or entity of the
State to approve those portions of the agreement that are not under the
jurisdiction of the chief executive officer of the State.
``(C) The Secretary may reserve up to 10 percent of the funds made
available to carry out the placement program for a fiscal year for the
placement of participants through agreements entered into under this
paragraph. Paragraphs (3) through (6) shall apply with respect to any
placement made through such an agreement.''.
(g) Clarification of Stipend Exception.--Subsection (g) of such
section is amended by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph:
``(2) A member who is separated under the special separation
benefits program under section 1174a of this title, receives voluntary
separation payments under section 1175 of this title, or retires
pursuant to the authority provided in section 4403 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 1293 note) shall not be paid a stipend under paragraph (1).''.
(h) Application of Certain Amendments.--The amendments made by
subsections (c) and (d) shall not apply with respect to--
(1) persons selected by the Secretary of Defense before the date
of the enactment of this Act to participate in the teacher and
teacher's aide placement programs established pursuant to sections
1151, 1598, and 2410j of title 10, United States Code; or
(2) agreements entered into by the Secretary before such date
with local educational agencies under such sections.
SEC. 1332. PROGRAMS TO PLACE SEPARATED MEMBERS IN EMPLOYMENT POSITIONS
WITH LAW ENFORCEMENT AGENCIES AND HEALTH CARE PROVIDERS.
(a) Placement Program With Law Enforcement Agencies.--Chapter 58 of
title 10, United States Code, is amended by adding at the end the
following new section:
``§1152. Assistance to separated members to obtain employment with
law enforcement agencies
``(a) Placement Program.--The Secretary of Defense may establish a
program to assist eligible members of the armed forces to obtain
employment as law enforcement officers with State and local law
enforcement agencies upon their discharge or release from active duty.
``(b) Eligible Members.--(1) Except as provided in paragraph (2), a
member of the armed forces may apply to participate in the program
established under subsection (a) if the member--
``(A) is selected for involuntary separation, is approved for
separation under section 1174a or 1175 of this title, or retires
pursuant to the authority provided in section 4403 of the Defense
Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 10 U.S.C. 1293 note) during the
six-year period beginning on October 1, 1993; and
``(B) has a military occupational specialty, training, or
experience related to law enforcement (such as service as a member
of the military police) or satisfies such other criteria for
selection as the Secretary of Defense may prescribe.
``(2) A member who is discharged or released from service under
other than honorable conditions shall not be eligible to participate in
the program.
``(c) Selection of Participants.--(1) The Secretary of Defense shall
select members to participate in the program established under
subsection (a) on the basis of applications submitted to the Secretary
not later than one year after the date of the discharge or release of
the members from active duty. An application shall be in such form and
contain such information as the Secretary may require.
``(2) The Secretary may not select a member to participate in the
program unless the Secretary has sufficient appropriations for the
placement program available at the time of the selection to satisfy the
obligations to be incurred by the United States under subsection (d)
with respect to that member.
``(d) Grants to Facilitate Employment.--(1) The Secretary of Defense
may enter into agreements with State and local law enforcement agencies
to assi
2000
st eligible members selected under subsection (c) to obtain
suitable employment as law enforcement officers with these agencies.
Under such an agreement, a law enforcement agency shall agree to employ
a participant in the program on a full-time basis for at least five
years.
``(2) Under an agreement referred to in paragraph (1), the Secretary
shall agree to pay to the law enforcement agency involved an amount
based upon the basic salary paid by the law enforcement agency to the
participant as a law enforcement officer. The rate of payment by the
Secretary shall be as follows:
``(A) For the first year of employment, 50 percent of the basic
salary, except that the payment may not exceed $25,000.
``(B) For the second year of employment, 40 percent of the basic
salary, except that the payment may not exceed $10,000.
``(C) For the third year of employment, 30 percent of the basic
salary, except that the payment may not exceed $7,500.
``(D) For the fourth year of employment, 20 percent of the basic
salary, except that the payment may not exceed $5,000.
``(E) For the fifth year of employment, 10 percent of the basic
salary, except that the payment may not exceed $2,500.
``(3) Payments required under paragraph (2) may be made by the
Secretary in such installments as the Secretary may determine.
``(4) If a participant who is placed under this program leaves the
employment of the law enforcement agency before the end of the five
years of required employment service, the agency shall reimburse the
Secretary in an amount that bears the same ratio to the total amount
already paid under the agreement as the unserved portion bears to the
five years of required service.
``(5) The Secretary may not make a grant under this subsection to a
law enforcement agency if the Secretary determines that the law
enforcement agency terminated the employment of another employee in
order to fill the vacancy so created with a participant in this program.
``(e) Agreements With States.--(1) In addition to the agreements
referred to in subsection (d)(1), the Secretary of Defense may enter
into an agreement directly with a State to allow the State to arrange
the placement of participants in the program with State and local law
enforcement agencies. Paragraphs (2) through (5) of subsection (d) shall
apply with respect to any placement made through such an agreement.
``(2) The Secretary may reserve up to 10 percent of the funds made
available to carry out the program for a fiscal year for the placement
of participants through agreements entered into under paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `State' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam, the
Republic of the Marshall Islands, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the
Virgin Islands.
``(2) The term `law enforcement officer' means an individual
involved in crime and juvenile delinquency control or reduction, or
enforcement of the laws, including police, corrections, probation,
parole, and judicial officers.''.
(b) Placement Program With Health Care Providers.--Chapter 58 of
title 10, United States Code, is amended by adding after section 1152,
as added by subsection (a), the following new section:
``§1153. Assistance to separated members to obtain employment with
health care providers
``(a) Placement Program.--The Secretary of Defense may establish a
program to assist eligible members of the armed forces to obtain
employment with health care providers upon their discharge or release
from active duty.
``(b) Eligible Members.--(1) Except as provided in paragraph (2), a
member shall be eligible for selection by the Secretary of Defense to
participate in the program established under subsection (a) if the
member--
``(A) is selected for involuntary separation, is approved for
separation under section 1174a or 1175 of this title, or retires
pursuant to the authority provided in section 4403 of the Defense
Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 10 U.S.C. 1293 note) during the
six-year period beginning on October 1, 1993;
``(B) has received an associate degree, baccalaureate, or
advanced degree from an accredited institution of higher education
or a junior or community college; and
``(C) has a military occupational specialty, training, or
experience related to health care, is likely to be able to obtain
such training in a short period of time (as determined by the
Secretary), or satisfies such other criteria for selection as the
Secretary may prescribe.
``(2) For purposes of this section, a former member of the armed
forces who did not meet the minimum educational qualification criterion
set forth in paragraph (1)(B) for placement assistance before discharge
or release from active duty shall be considered to be a member
satisfying such educational qualification criterion upon satisfying that
criterion within five years after discharge or release from active duty.
``(3) A member who is discharged or released from service under
other than honorable conditions shall not be eligible to participate in
the program.
``(c) Selection of Participants.--(1) The Secretary of Defense shall
select members to participate in the program established under
subsection (a) on the basis of applications submitted to the Secretary
not later than one year after the date of the discharge or release of
the members from active duty or, in the case of an applicant becoming
educationally qualified for teacher placement assistance in accordance
with subsection (b)(2), not later than one year after the date on which
the applicant becomes educationally qualified. An application shall be
in such form and contain such information as the Secretary may require.
``(2) The Secretary may not select a member to participate in the
program unless the Secretary has sufficient appropriations for the
placement program available at the time of the selection to satisfy the
obligations to be incurred by the United States under subsection (d)
with respect to that member.
``(3)(A) The Secretary shall provide under the program for
identifying, during each fiscal year in the period referred to in
subsection (b)(1)(A), noncommissioned officers who, on or before the end
of such fiscal year, will have completed 10 or more years of continuous
active duty, who have the potential to perform competently in employment
positions with health care providers, but who do not satisfy the minimum
educational qualification criterion under subsection (b)(1)(B) for
placement assistance.
``(B) The Secretary shall inform noncommissioned officers identified
under subparagraph (A) of the opportunity to qualify in accordance with
subsection (b)(2) for placement assistance under the program.
``(d) Grants to Facilitate Employment.--(1) The Secretary of Defense
may enter into an agreement with a health care provider to assist
eligible members selected under subsection (c) to obtain suitable
employment with the health care provider. Under such an agreement, a
health care provider shall agree to employ a participant in the program
on a full-time basis for at least five years.
``(2) Under an agreement referred to in paragraph (1), the Secretary
shall agree to pay to the health care provider involved an amount based
upon the basic salary paid by the health care provider to the
participant. The rate of payment by the Secretary shall be as follows:
``(A) For the first year of employment, 50 percent of the basic
salary, except that the payment may not exceed $25,000.
``(B) For the second year of employment, 40 percent of the basic
salary, except that the payment may not exceed $10,000.
``(C) For the third year of employment, 30 percent of the bas
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ic
salary, except that the payment may not exceed $7,500.
``(D) For the fourth year of employment, 20 percent of the basic
salary, except that the payment may not exceed $5,000.
``(E) For the fifth year of employment, 10 percent of the basic
salary, except that the payment may not exceed $2,500.
``(3) Payments required under paragraph (2) may be made by the
Secretary in such installments as the Secretary may determine.
``(4) If a participant who is placed under this program leaves the
employment of the health care provider before the end of the five years
of required employment service, the provider shall reimburse the
Secretary in an amount that bears the same ratio to the total amount
already paid under the agreement as the unserved portion bears to the
five years of required service.
``(5) The Secretary may not make a grant under this subsection to a
health care provider if the Secretary determines that the provider
terminated the employment of another employee in order to fill the
vacancy so created with a participant in this program.
``(e) Agreements With States.--(1) In addition to the agreements
referred to in subsection (d)(1), the Secretary of Defense may enter
into an agreement directly with a State to allow the State to arrange
the placement of participants in the program with health care providers.
Paragraphs (2) through (5) of subsection (d) shall apply with respect to
any placement made through such an agreement.
``(2) The Secretary may reserve up to 10 percent of the funds made
available to carry out the program for a fiscal year for the placement
of participants through agreements entered into under paragraph (1).
``(f) Definitions.--In this section, 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.''.
(c) Preseparation Counseling.--Section 1142(b)(4) of title 10,
United States Code, is amended by striking out ``program established
under section 1151 of this title to assist members to obtain employment
as elementary or secondary school teachers or teachers' aides.'' and
inserting in lieu thereof ``programs established under sections 1151,
1152, and 1153 of this title.''.
(d) Study on Expansion of the Law Enforcement Placement Program to
Include the Border Patrol.--(1) The Secretary of Defense, in
consultation with the Commissioner of the Immigration and Naturalization
Service, shall conduct a study regarding the feasibility of expanding
the law enforcement placement program established under section 1152 of
title 10, United States Code, as added by subsection (a), to include the
placement of members of the Armed Forces who are discharged or released
from active duty with the Border Patrol of the Immigration and
Naturalization Service.
(2) Not later than March 1, 1994, the Secretary shall submit a
report to Congress containing the results of the study required by this
subsection.
(e) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``1152. Assistance to separated members to obtain employment with law
enforcement agencies.
``1153. Assistance to separated members to obtain employment with health
care providers.''.
SEC. 1333. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION TO PROVIDE
EDUCATION AND TRAINING IN ENVIRONMENTAL RESTORATION TO DISLOCATED
DEFENSE WORKERS AND YOUNG ADULTS.
(a) Grant Program Authorized.--(1) The Secretary of Defense may
establish a program to provide demonstration grants to institutions of
higher education to assist such institutions in providing education and
training in environmental restoration and hazardous waste management to
eligible dislocated defense workers and young adults described in
subsection (d). The Secretary shall award the grants pursuant to a
merit-based selection process.
(2) A grant provided under this subsection may cover a period of not
more than three fiscal years, except that the payments under the grant
for the second and third fiscal year shall be subject to the approval of
the Secretary and to the availability of appropriations to carry out
this section in that fiscal year.
(b) Application.--To be eligible for a grant under subsection (a),
an institution of higher education shall submit an application to the
Secretary at such time, in such form, and containing such information as
the Secretary may require. The application shall include the following:
(1) An assurance by the institution of higher education that it
will use the grant to supplement and not supplant non-Federal funds
that would otherwise be available for the education and training
activities funded by the grant.
(2) A proposal by the institution of higher education to provide
expertise, training, and education in hazardous materials and waste
management and other environmental fields applicable to defense
manufacturing sites and Department of Defense and Department of
Energy defense facilities.
(c) Use of Grant Funds.--(1) An institution of higher education
receiving a grant under subsection (a) shall use the grant to establish
a consortium consisting of the institution and one or more of each of
the entities described in paragraph (2) for the purpose of establishing
and conducting a program to provide education and training in
environmental restoration and waste management to eligible individuals
described in subsection (d). To the extent practicable, the Secretary
shall authorize the consortium to use a military installation closed or
selected to be closed under a base closure law in providing on-site
basic skills training to participants in the program.
(2) The entities referred to in paragraph (1) are the following:
(A) Appropriate State and local agencies.
(B) Private industry councils (as described in section 102 of
the Job Training Partnership Act (29 U.S.C. 1512)).
(C) Community-based organizations (as defined in section 4(5) of
such Act (29 U.S.C. 1503(5)).
(D) Businesses.
(E) Organized labor.
(F) Other appropriate educational institutions.
(d) Eligible Individuals.--A program established or conducted using
funds provided under subsection (a) may provide education and training
in environmental restoration and waste management to--
(1) individuals who have been terminated or laid off from
employment (or have received notice of termination or lay off) as a
consequence of reductions in expenditures by the United States for
defense, the cancellation, termination, or completion of a defense
contract, or the closure or realignment of a military installation
under a base closure law, as determined in accordance with
regulations prescribed by the Secretary; or
(2) individuals who have attained the age of 16 but not the age
of 25.
(e) Elements of Education and Training Program.--In establishing or
conducting an education and training program using funds provided under
subsection (a), the institution of higher education shall meet the
following requirements:
(1) The institution of higher education shall establish and
provide a work-based learning system consisting of education and
training in environmental restoration--
(A) which may include basic educational courses, on-site
basic skills training, and mentor assistance to individuals
described in subsection (d) who are participating in the
program; and
(B) which may lead to the awarding of a certificate or
degree at the institution of higher education.
(2) The institution of higher education shall undertake outreach
and recruitment efforts to encourage participation by eligible
individuals in the education and training program.
(3)
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The institution of higher education shall select
participants for the education and training program from among
eligible individuals described in paragraph (1) or (2) of subsection
(d).
(4) To the extent practicable, in the selection of young adults
described in subsection (d)(2) to participate in the education and
training program, the institution of higher education shall give
priority to those young adults who--
(A) have not attended and are otherwise unlikely to be able
to attend an institution of higher education; or
(B) have, or are members of families who have, received a
total family income that, in relation to family size, is not in
excess of the higher of--
(i) the official poverty line (as defined by the Office
of Management and Budget, and revised annually in accordance
with section 673(2) of the Omnibus Budget Reconciliation Act
of 1981 (42 U.S.C. 9902(2)); or
(ii) 70 percent of the lower living standard income
level.
(5) To the extent practicable, the institution of higher
education shall select instructors for the education and training
program from institutions of higher education, appropriate community
programs, and industry and labor.
(6) To the extent practicable, the institution of higher
education shall consult with appropriate Federal, State, and local
agencies carrying out environmental restoration programs for the
purpose of achieving coordination between such programs and the
education and training program conducted by the consortium.
(f) Selection of Grant Recipients.--To the extent practicable, the
Secretary shall provide grants to institutions of higher education under
subsection (a) in a manner which will equitably distribute such grants
among the various regions of the United States.
(g) Limitation on Amount of Grant to a Single Recipient.--The amount
of a grant under subsection (a) that may be made to a single institution
of higher education in a fiscal year may not exceed \1/3\ of the amount
made available to provide grants under such subsection for that fiscal
year.
(h) Reporting Requirements.--(1) The Secretary may provide a grant
to an institution of higher education under subsection (a) only if the
institution agrees to submit to the Secretary, in each fiscal year in
which the Secretary makes payments under the grant to the institution, a
report containing--
(A) a description and evaluation of the education and training
program established by the consortium formed by the institution
under subsection (c); and
(B) such other information as the Secretary may reasonably
require.
(2) Not later than 18 months after the date of the enactment of this
Act, the Secretary shall submit to the President and Congress an interim
report containing--
(A) a compilation of the information contained in the reports
received by the Secretary from each institution of higher education
under paragraph (1); and
(B) an evaluation of the effectiveness of the demonstration
grant program authorized by this section.
(3) Not later than January 1, 1997, the Secretary shall submit to
the President and Congress a final report containing--
(A) a compilation of the information described in the interim
report; and
(B) a final evaluation of the effectiveness of the demonstration
grant program authorized by this section, including a recommendation
as to the feasibility of continuing the program.
(i) Definitions.--For purposes of this section:
(1) Base closure law.--The term ``base closure law'' means the
following:
(A) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
(C) Section 2687 of title 10, United States Code.
(D) Any other similar law enacted after the date of the
enactment of this Act.
(2) Environmental restoration.--The term ``environmental
restoration'' means actions taken consistent with a permanent remedy
to prevent or minimize the release of hazardous substances into the
environment so that such substances do not migrate to cause
substantial danger to present or future public health or welfare or
the environment.
(3) Institution of higher education.--The term ``institution of
higher education'' has the meaning given such term in section
1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Defense.
(j) Conforming Repeal.--Section 4452 of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (division D of
Public Law 102-484; 10 U.S.C. 2701 note) is repealed.
SEC. 1334. ENVIRONMENTAL EDUCATION OPPORTUNITIES PROGRAM.
(a) Authority.--The Secretary of Defense, in consultation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency, may establish a scholarship program in order to
enable eligible individuals described in subsection (d) to undertake the
educational training or activities relating to environmental
engineering, environmental sciences, or environmental project management
in fields related to hazardous waste management and cleanup described in
subsection (b) at the institutions of higher education described in
subsection (c).
(b) Educational Training or Activities.--(1) The program established
under subsection (a) shall be limited to educational training or
activities related to--
(A) site remediation;
(B) site characterization;
(C) hazardous waste management;
(D) hazardous waste reduction;
(E) recycling;
(F) process and materials engineering;
(G) training for positions related to environmental engineering,
environmental sciences, or environmental project management
(including training for management positions); and
(H) environmental engineering with respect to the construction
of facilities to address the items described in subparagraphs (A)
through (G).
(2) The program established under subsection (a) shall be limited to
educational training or activities designed to enable individuals to
achieve specialization in the following fields:
(A) Earth sciences.
(B) Chemistry.
(C) Chemical Engineering.
(D) Environmental engineering.
(E) Statistics.
(F) Toxicology.
(G) Industrial hygiene.
(H) Health physics.
(I) Environmental project management.
(c) Eligible Institutions of Higher Education.--Scholarship funds
awarded under this section shall be used by individuals awarded
scholarships to enable such individuals to attend institutions of higher
education associated with hazardous substance research centers to enable
such individuals to undertake a program of educational training or
activities described in subsection (b) that leads to an undergraduate
degree, a graduate degree, or a degree or certificate that is
supplemental to an academic degree.
(d) Eligible Individuals.--Individuals eligible for scholarships
under the program established under subsection (a) are the following:
(1) Any member of the Armed Forces who--
(A) was on active duty or full-time National Guard duty on
September 30, 1990;
(B) during the 5-year period beginning on that date--
(i) is involuntarily separated (as defined in section
1141 of title 10, United States Code) from active duty or
full-time National Guard duty; or
(ii) is separated from active duty or full-time National
Guard duty pursuant to a spe
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cial separation benefits program
under section 1174a of title 10, United States Code, or the
voluntary separation incentive program under section 1175 of
that title; and
(C) is not entitled to retired or retainer pay incident to
that separation.
(2) Any civilian employee of the Department of Energy or the
Department of Defense (other than an employee referred to in
paragraph (3)) who--
(A) is terminated or laid off from such employment during
the five-year period beginning on September 30, 1990, as a
result of reductions in defense-related spending (as determined
by the appropriate Secretary); and
(B) is not entitled to retired or retainer pay incident to
that termination or lay off.
(3) Any civilian employee of the Department of Defense whose
employment at a military installation approved for closure or
realignment under a base closure law is terminated as a result of
such closure or realignment.
(e) Award of Scholarship.--(1)(A) The Secretary of Defense shall
award scholarships under this section to such eligible individuals as
the Secretary determines appropriate pursuant to regulations or policies
promulgated by the Secretary.
(B) In awarding a scholarship under this section, the Secretary
shall--
(i) take into consideration the extent to which the
qualifications and experience of the individual applying for the
scholarship prepared such individual for the educational training or
activities to be undertaken; and
(ii) award a scholarship only to an eligible individual who has
been accepted for enrollment in the institution of higher education
described in subsection (c) and providing the educational training
or activities for which the scholarship assistance is sought.
(2) The Secretary of Defense shall determine the amount of the
scholarships awarded under this section, except that the amount of
scholarship assistance awarded to any individual under this section may
not exceed--
(A) $10,000 in any 12-month period; and
(B) a total of $20,000.
(f) Application; Period for Submission.--(1) Each individual
desiring a scholarship under this section shall submit an application to
the Secretary of Defense in such manner and containing or accompanied by
such information as the Secretary may reasonably require.
(2) A member of the Armed Forces described in subsection (d)(1) who
desires to apply for a scholarship under this section shall submit an
application under this subsection not later than 180 days after the date
of the separation of the member. In the case of members described in
subsection (d)(1) who were separated before the date of the enactment of
this Act, the Secretary shall accept applications from these members
submitted during the 180-day period beginning on the date of the
enactment of this Act.
(3) A civilian employee described in paragraph (2) or (3) of
subsection (d) who desires to apply for a scholarship under this
section, but who receives no prior notice of such termination or lay
off, may submit an application under this subsection at any time after
such termination or lay off. A civilian employee described in paragraph
(1) or (2) of subsection (d) who receives a notice of termination or lay
off shall submit an application not later than 180 days before the
effective date of the termination or lay off. In the case of employees
described in such paragraphs who were terminated or laid off before the
date of the enactment of this Act, the Secretary shall accept
applications from these employees submitted during the 180-day period
beginning on the date of the enactment of this Act.
(g) Repayment.--(1) Any individual receiving scholarship assistance
from the Secretary of Defense under this section shall enter into an
agreement with the Secretary under which the individual agrees to pay to
the United States the total amount of the scholarship assistance
provided to the individual by the Secretary under this section, plus
interest at the rate prescribed in paragraph (4), if the individual does
not complete the educational training or activities for which such
assistance is provided.
(2) If an individual fails to pay to the United States the total
amount required pursuant to paragraph (1), including the interest, at
the rate prescribed in paragraph (4), the unpaid amount shall be
recoverable by the United States from the individual or such
individual's estate by--
(A) in the case of an individual who is an employee of the
United States, set off against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the United
States; and
(B) such other method as is provided by law for the recovery of
amounts owing to the United States.
(3) The Secretary of Defense may waive in whole or in part a
required repayment under this subsection if the Secretary determines
that the recovery would be against equity and good conscience or would
be contrary to the best interests of the United States.
(4) The total amount of scholarship assistance provided to an
individual under this section, for purposes of repayment under this
subsection, shall bear interest at the applicable rate of interest under
section 427A(c) of the Higher Education Act of 1965 (20 U.S.C.
1077a(c)).
(h) Coordination of Benefits.--Any scholarship assistance provided
to an individual under this section shall be taken into account in
determining the eligibility of the individual for Federal student
financial assistance provided under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.).
(i) Report to Congress.--Not later than January 1, 1995, the
Secretary of Defense, in consultation with the Secretary of Energy and
the Administrator of the Environmental Protection Agency, shall submit
to the Congress a report describing the activities undertaken under the
program authorized by subsection (a) and containing recommendations for
future activities under the program.
(j) Funding.--(1) To carry out the scholarship program authorized by
subsection (a), the Secretary of Defense may use the unobligated balance
of funds made available pursuant to section 4451(k) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 2701 note) for fiscal year 1993 for environmental scholarship and
fellowship programs for the Department of Defense.
(2) The cost of carrying out the program authorized by subsection
(a) may not exceed $8,000,000 in any fiscal year.
(k) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means the following:
(A) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
(B) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) The term ``hazardous substance research centers'' means the
hazardous substance research centers described in section 311(d) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(d)). Such term includes the
Great Plains and Rocky Mountain Hazardous Substance Research Center,
the Northeast Hazardous Substance Research Center, the Great Lakes
and Mid-Atlantic Hazardous Substance Research Center, the South and
Southwest Hazardous Substance Research Center, and the Western
Region Hazardous Substance Research Center.
(3) The term ``institution of higher education'' has the same
meaning given such term in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)).
SEC. 1335. TRAINING AND EMPLOYMENT OF DEPARTMENT OF DEFENSE EMPLOYEES TO
CARRY OUT ENVIRONMENTAL RESTORATION AT MILITARY INSTALLATIONS TO BE
CLOSED.
(a) Training Program.--Th
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e Secretary of Defense may establish a
program to provide such training to eligible civilian employees of the
Department of Defense as the Secretary considers to be necessary to
qualify such employees to carry out environmental assessment,
remediation, and restoration activities (including asbestos abatement)
at military installations closed or to be closed.
(b) Employment of Graduates.--In the case of eligible civilian
employees of the Department of Defense who successfully complete the
training program established pursuant to subsection (a), the Secretary
may--
(1) employ such employees to carry out environmental assessment,
remediation, and restoration activities at military installations
referred to in subsection (a); or
(2) require, as a condition of a contract for the private
performance of such activities at such an installation, the
contractor to be engaged in carrying out such activities to employ
such employees.
(c) Eligible Employees.--Eligibility for selection to participate in
the training program under subsection (a) shall be limited to those
civilian employees of the Department of Defense whose employment would
be terminated by reason of the closure of a military installation if not
for the selection of the employees to participate in the training
program.
(d) Priority in Training and Employment.--The Secretary shall give
priority in providing training and employment under this section to
eligible civilian employees employed at a military installation the
closure of which will directly result in the termination of the
employment of at least 1,000 civilian employees of the Department of
Defense.
(e) Effect on Other Environmental Requirements.--Nothing in this
section shall be construed to revise or modify any requirement
established under Federal or State law relating to environmental
assessment, remediation, or restoration activities at military
installations closed or to be closed.
SEC. 1336. REVISION TO IMPROVEMENTS TO EMPLOYMENT AND TRAINING
ASSISTANCE FOR DISLOCATED WORKERS.
Section 141(s) of the Job Training Partnership Act (29 U.S.C.
1551(s)) is amended to read as follows:
``(s)(1) Notwithstanding title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and any
other provision of law, the Secretary and the Secretary of Education
shall receive priority by the Secretary of Defense for the direct
transfer, on a nonreimbursable basis, of the property described in
paragraph (2) for use in carrying out programs under this Act or under
any other Act.
``(2) The property described in this paragraph is both real and
personal property under the control of the Department of Defense that is
not used by such Department, including property that the Secretary of
Defense determines is in excess of current and projected requirements of
such Department.''.
SEC. 1337. DEMONSTRATION PROGRAM FOR THE TRAINING OF RECENTLY DISCHARGED
VETERANS FOR EMPLOYMENT IN CONSTRUCTION AND IN HAZARDOUS WASTE
REMEDIATION.
(a) Establishment.--The Secretary of Defense may establish a
demonstration program to promote the training and employment of veterans
in the construction and hazardous waste remediation industries. Using
funds made available to carry out this section the Secretary shall make
grants under the demonstration program to organizations that meet the
eligibility criteria specified in subsection (b).
(b) Grant Eligibility Criteria.--An organization is eligible to
receive a grant from the Secretary under subsection (a) if it--
(1) demonstrates, to the satisfaction of the Secretary, an
ability to recruit and counsel veterans for participation in the
demonstration program under this section;
(2) has entered into an agreement with a joint labor-management
training fund established consistent with section 8(f) of the
National Labor Relations Act (29 U.S.C. 158(f)) to implement and
operate a training and employment program for veterans;
(3) agrees under the agreement referred to in paragraph (2) to
use grant funds to carry out a program that will provide eligible
veterans with training for employment in the construction and
hazardous waste remediation industries;
(4) provides such training for an eligible veteran for not more
than 18 months;
(5) demonstrates actual experience in providing training for
veterans under an agreement referred to in paragraph (2);
(6) agrees to make, along with all subgrantees, a substantial
in-kind contribution (as determined by the Secretary of Defense)
from non-Federal sources to the demonstration program under this
section; and
(7) gives its assurances, to the satisfaction of the Secretary,
that full time, permanent jobs will be available for individuals
successfully completing the training program, with a special
emphasis on jobs with employers in construction and hazardous waste
remediation on Department of Defense facilities.
(c) Eligible Veterans.--An individual is an eligible veteran for the
purposes of this section if the individual--
(1)(A) served in the active military, naval, or air service for
a period of at least two years;
(B) was discharged or released from active duty because of a
service-connected disability; or
(C) is entitled to compensation (or who but for the receipt of
military retired pay would be entitled to compensation) under the
laws administered by the Secretary of Veterans Affairs for a
disability rated at 30 percent or more; and
(2) was discharged or released on or after August 2, 1990, under
conditions other than dishonorable.
(d) Preference.--In carrying out the demonstration program under
this section, the Secretary shall ensure that a preference is given to
eligible veterans who had a primary or secondary occupational specialty
in the Armed Forces that (as determined under regulations prescribed by
the Secretary and in effect before the date of such separation) is not
readily transferable to the civilian work force.
(e) Hazardous Waste Operations Training Goal.--It is the sense of
Congress that at least 20 percent of the total number of veterans
completing training under the demonstration program under this section
should complete the training required--
(1) for certification under section 126 of the Superfund
Amendments and Reauthorization Act of 1986 (29 U.S.C. 655 note); and
(2) under any other Federal law which requires certification for
employees engaged in hazardous waste remediation operations.
(f) Use of Funds.--Funds made available to carry out this section
may only be used for tuition and stipends to cover the living and travel
expenses of participants, except that the Secretary may provide that not
more than a total of four percent of all the funds made available under
this section may be used for administrative expenses of grantees and
subgrantees.
(g) Limitation on Tuition Charged.--The amount of tuition charged
eligible veterans participating in a training program funded under the
demonstration program may not exceed the amount of tuition charged to
nonveterans participating in programs substantially similar to that
training program.
(h) Limitation on Expenditures Per Participant.--Of the funds made
available to carry out this section--
(1) not more than $1,000 may be expended with respect to each
veteran participating in the construction phase of the demonstration
program; and
(2) not more than an additional $1,000 may be expended with
respect to each veteran participating in the hazardous waste
remediation phase of the demonstration program, except that the
Secretary may authorize an additional $300 for the training of a
veteran participating in such phase if the Secretary determines that
such additional amount is necessary because of the type of training
needed for the particular kind of hazar
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dous waste remediation
involved.
(i) Reports.--(1) Not later than November 1, 1994, the Secretary
shall submit to Congress an interim report describing the manner in
which the demonstration program under this section is being carried out,
including a detailed description of the number of grants made, the
number of veterans involved, the kinds of training received, and any job
placements that have occurred or that are anticipated.
(2) Not later than December 31, 1995, the Secretary shall submit to
Congress a final report containing a description of the results of the
demonstration program with a detailed description of the number of
grants made, the number of veterans involved, the number of veterans who
completed the program, the number of veterans who were placed in jobs,
the number of veterans who failed to complete the program along with the
reasons for such failure, and any recommendations the Secretary
considers to be appropriate.
(j) Definitions.--For purposes of this section, the terms
``veteran'', ``service-connected'', ``active duty'', and ``active
military, naval, or air service'' have the meanings given such terms in
paragraphs (2), (16), (21), and (24), respectively, of section 101 of
title 38, United States Code.
(k) Termination.--Not later than October 1, 1994, the Secretary
shall obligate, in accordance with the provisions of this section, the
funds made available to carry out the demonstration program under this
section.
SEC. 1338. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING.
(a) Authorization for Fiscal Year 1994.--Section 4495(a)(1) of the
Service Members Occupational Conversion and Training Act of 1992
(subtitle G of title XLIV of Public Law 102-484; 106 Stat. 2768; 10
U.S.C. 1143 note) is amended by inserting after the first sentence the
following: ``Of the amounts made available pursuant to section 1302(a)
of the National Defense Authorization Act for Fiscal Year 1994,
$25,000,000 shall be made available for the purpose of making payments
to employers under this subtitle.''.
(b) Time Period for Application and Initiation of Training.--Section
4496 of such Act (106 Stat. 2769) is amended--
(1) in paragraph (1), by striking out ``September 30, 1995'' and
inserting in lieu thereof ``September 30, 1996''; and
(2) in paragraph (2), by striking out ``March 31, 1996'' and
inserting in lieu thereof ``March 31, 1997''.
(c) Provision of Training Through Educational Institutions.--Section
4489 of such Act (106 Stat. 2764) is amended in the first sentence by
inserting ``or any other institution offering a program of job training,
as approved by the Secretary of Veterans Affairs,'' after ``United
States Code,''.
SEC. 1339. AMENDMENTS TO DEFENSE DIVERSIFICATION PROGRAM UNDER JOB
TRAINING PARTNERSHIP ACT.
(a) Expanded Eligibility for Civilian Employees of the Department of
Defense Employed at Certain Military Installations.--Section
325A(b)(2)(B)(ii) of the Job Training Partnership Act (29 U.S.C. 1662d-
1(b)(2)(B)(ii)) is amended--
(1) in subclause (I), by striking out ``and'' after the
semicolon;
(2) in subclause (II), by striking out the period at the end and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new subclauses:
``(III) section 2687 of title 10, United States
Code; and
``(IV) any other similar law enacted after the date
of the enactment of the National Defense Authorization
Act for Fiscal Year 1994.''.
(b) Demonstration Projects.--Section 325A(k)(1) of the Job Training
Partnership Act (29 U.S.C. 1662d-1(k)(1)) is amended--
(1) in subparagraph (B), by striking out ``and'' after the
semicolon;
(2) in subparagraph (C), by striking out the period and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) projects involving teams of transition assistance
specialists from Federal, State, and local agencies to provide
onsite services, including assisting affected communities in
short-term and long-term planning and assisting affected
individuals through counseling and referrals to appropriate
services, at the site of such reductions or closures within 60
days of the announcement of such reductions or closures;
``(E) projects to assist in establishing transition
assistance centers at the installations where large dislocations
occur to provide comprehensive services to individuals affected
by such dislocations;
``(F) projects involving the joint efforts of Federal
agencies, such as the Department of Labor, the Department of
Defense, the Department of Commerce, and the Small Business
Administration, to assist communities affected by such
reductions or closures in developing integrated community
planning processes to facilitate the retraining of affected
individuals and the conversion of installations to commercial
uses;
``(G) projects to develop new information and data systems
to assist individuals and communities affected by such
reductions or closures, including the development of data bases
with the capability to provide an affected individual with a
civilian economy skills profile which takes into account the
skills acquired while working on defense-related matters; and
``(H) projects to assist small and medium-sized firms
affected by such reductions or closures in the formation of
learning consortia, which will promote joint efforts for staff
training, human resource development, product development, and
the marketing of products.''.
(c) Staff Training, Administration, and Coordination.--Section 325A
of the Job Training Partnership Act (29 U.S.C. 1662d-1) is amended--
(1) by redesignating subsection (l) as subsection (o); and
(2) by adding the following new subsections after subsection
(k):
``(l) Staff Training and Technical Assistance.--In carrying out the
grant program established under subsection (a), the Secretary of Defense
may provide staff training and technical assistance services to States,
communities, businesses, and labor organizations, and other entities
involved in providing adjustment assistance to workers.
``(m) Administrative Expenses.--Not more than 2 percent of the funds
available to the Secretary of Defense to carry out this section for any
fiscal year may be retained by the Secretary of Defense for the
administration of activities authorized under this section.
``(n) Coordination With Technology Reinvestment Projects.--The
Secretary of Defense, in consultation with the Secretary of Labor, shall
ensure that activities carried out under this section are coordinated
with relevant activities carried out pursuant to title IV of the
Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106
Stat. 1890).''.
Subtitle D--National Shipbuilding Initiative
SEC. 1351. SHORT TITLE.
This subtitle may be cited as the ``National Shipbuilding and
Shipyard Conversion Act of 1993''.
SEC. 1352. NATIONAL SHIPBUILDING INITIATIVE.
(a) Establishment of Program.--There shall be a National
Shipbuilding Initiative program, to be carried out to support the
industrial base for national security objectives by assisting in the
reestablishment of the United States shipbuilding industry as a self-
sufficient, internationally competitive industry.
(b) Administering Departments.--The program shall be carried out--
(1) by the Secretary of Defense, with respect to programs under
the jurisdiction of the Secretary of Defense; and
(2) by the Secretary of Transportation, with respect to programs
under the jurisdiction of the Secretary of Transportation.
(c) Program Elements.--The National
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Shipbuilding Initiative shall
consist of the following program elements:
(1) Financial incentives program.--A financial incentives
program to provide loan guarantees to initiate commercial ship
construction for domestic and export sales, encourage shipyard
modernization, and support increased productivity.
(2) Technology development program.--A technology development
program, to be carried out within the Department of Defense by the
Advanced Research Projects Agency, to improve the technology base
for advanced shipbuilding technologies and related dual-use
technologies through activities including a development program for
innovative commercial ship design and production processes and
technologies.
(3) Navy's affordability through commonality program.--Enhanced
support by the Secretary of Defense for the shipbuilding program of
the Department of the Navy known as the Affordability Through
Commonality (ATC) program, to include enhanced support (A) for the
development of common modules for military and commercial ships, and
(B) to foster civil-military integration into the next generation of
Naval surface combatants.
(4) Navy's manufacturing technology and technology base
programs.--Enhanced support by the Secretary of Defense for, and
strengthened funding for, that portion of the Manufacturing
Technology program of the Navy, and that portion of the Technology
Base program of the Navy, that are in the areas of shipbuilding
technologies and ship repair technologies.
SEC. 1353. DEPARTMENT OF DEFENSE PROGRAM MANAGEMENT THROUGH ADVANCED
RESEARCH PROJECTS AGENCY.
The Secretary of Defense shall designate the Advanced Research
Projects Agency of the Department of Defense as the lead agency of the
Department of Defense for activities of the Department of Defense which
are part of the National Shipbuilding Initiative program. Those
activities shall be carried out as part of defense conversion activities
of the Department of Defense.
SEC. 1354. ADVANCED RESEARCH PROJECTS AGENCY FUNCTIONS AND MINIMUM
FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.
(a) ARPA Functions.--The Secretary of Defense, acting through the
Director of the Advanced Research Projects Agency, shall carry out the
following functions with respect to the National Shipbuilding Initiative
program:
(1) Consultation with the Maritime Administration, the Office of
Economic Adjustment, the National Economic Council, the National
Shipbuilding Research Project, the Coast Guard, the National Oceanic
and Atmospheric Administration, appropriate naval commands and
activities, and other appropriate Federal agencies on--
(A) development and transfer to the private sector of dual-
use shipbuilding technologies, ship repair technologies, and
shipbuilding management technologies;
(B) assessments of potential markets for maritime products;
and
(C) recommendation of industrial entities, partnerships,
joint ventures, or consortia for short- and long-term
manufacturing technology investment strategies.
(2) Funding and program management activities to develop
innovative design and production processes and the technologies
required to implement those processes.
(3) Facilitation of industry and Government technology
development and technology transfer activities (including education
and training, market assessments, simulations, hardware models and
prototypes, and national and regional industrial base studies).
(4) Integration of promising technology advances made in the
Technology Reinvestment Program of the Advanced Research Projects
Agency into the National Shipbuilding Initiative to effect full
defense conversion potential.
(b) Financial Commitment of Non-Federal Government Participants.--
(1) Maximum department of defense share.--The Secretary of
Defense shall ensure that the amount of funds provided by the
Secretary to a non-Federal government participant does not exceed 50
percent of the total cost of technology development and technology
transfer activities.
(2) Regulations.--The Secretary may prescribe regulations to
provide for consideration of in-kind contributions by non-Federal
Government participants in a partnership for the purpose of
calculating the share of the partnership costs that has been or is
being undertaken by such participants. In prescribing the
regulations, the Secretary may determine that a participant that is
a small business concern may use funds received under the Small
Business Innovation Research Program or the Small Business
Technology Transfer Program to help pay the costs of partnership
activities. Any such funds so used may be included in calculating
the amount of the financial commitment undertaken by the non-Federal
Government participants unless the Secretary determines that the
small business concern has not made a significant equity
contribution in the program from non-Federal sources.
SEC. 1355. AUTHORITY FOR SECRETARY OF TRANSPORTATION TO MAKE LOAN
GUARANTEES.
(a) In General.--Title XI of the Merchant Marine Act, 1936, is
further amended by adding at the end the following new section:
``Sec. 1111. (a) Authority To Guarantee Obligations for Eligible
Export Vessels.--The Secretary may guarantee obligations for eligible
export vessels--
``(1) in accordance with the terms and conditions of this title
applicable to loan guarantees in the case of vessels documented
under the laws of the United States; or
``(2) in accordance with such other terms as the Secretary
determines to be more favorable than the terms otherwise provided in
this title and to be compatible with export credit terms offered by
foreign governments for the sale of vessels built in foreign
shipyards.
``(b) Interagency Council.--
``(1) Establishment; composition.--There is hereby established
an interagency council for the purposes of this section. The council
shall be composed of the Secretary of Transportation, who shall be
chairman of the Council, the Secretary of the Treasury, the
Secretary of State, the Assistant to the President for Economic
Policy, the United States Trade Representative, and the President
and Chairman of the United States Export-Import Bank, or their
designees.
``(2) Purpose of the council.--The council shall--
``(A) obtain information on shipbuilding loan guarantees, on
direct and indirect subsidies, and on other favorable treatment of
shipyards provided by foreign governments to shipyards in
competition with United States shipyards; and
``(B) provide guidance to the Secretary in establishing terms
for loan guarantees for eligible export vessels under subsection
(a)(2).
``(3) Consultation with u.s. shipbuilders.--The council shall
consult regularly with United States shipbuilders to obtain the
essential information concerning international shipbuilding competition
on which to set terms and conditions for loan guarantees under
subsection (a)(2).
``(4) Annual Report.--Not later than January 31 of each year
(beginning in 1995), the Secretary of Transportation shall submit to
Congress a report on the activities of the Secretary under this section
during the preceding year. Each report shall include documentation of
sources of information on assistance provided by the governments of
other nations to shipyards in those nations and a summary of
recommendations made to the Secretary during the preceding year
regarding applications submitted to the Secretary during that year for
loan guarantees under this title for construction of eligible export
vessels.''.
(b) Implementation.--
(1) Initial designation of council members.--Each member of the
council established under s
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ection 1111(b) of the Merchant Marine
Act, 1936, as added by subsection (a), shall name a designee for
service on the council not later than 30 days after the date of the
enactment of this Act. Each such member shall promptly notify the
Secretary of Transportation of that designation.
(2) Designation of senior marad official.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Transportation shall designate a senior official within the Maritime
Administration to have the responsibility and authority to carry out
the terms and conditions set forth under section 1111 of title XI
the Merchant Marine Act, 1936, as added by subsection (a). The
Secretary shall make the designation of that official known through
a public announcement in a national periodical.
SEC. 1356. LOAN GUARANTEES FOR EXPORT VESSELS.
Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.) is amended as follows:
(1) Eligible export vessel defined.--Section 1101 is amended by
adding at the end the following new subsection:
``(o) The term `eligible export vessel' means a vessel constructed,
reconstructed, or reconditioned in the United States for use in world-
wide trade which will, upon delivery or redelivery, be placed under or
continued to be documented under the laws of a country other than the
United States.''.
(2) Limitations on guarantee obligations.--Section 1103 is
amended--
(A) by amending the first sentence of subsection (f) to read
as follows: ``The aggregate unpaid principal amount of the
obligations guaranteed under this section and outstanding at any
one time shall not exceed $12,000,000,000, of which (1)
$850,000,000 shall be limited to obligations pertaining to
guarantees of obligations for fishing vessels and fishery
facilities made under this title, and (2) $3,000,000,000 shall
be limited to obligations pertaining to guarantees of
obligations for eligible export vessels.''; and
(B) by adding at the end the following new subsection:
``(g)(1) The Secretary may not issue a commitment to guarantee
obligations for an eligible export vessel unless, after considering--
``(A) the status of pending applications for commitments to
guarantee obligations for vessels documented under the laws of the
United States and operating or to be operated in the domestic or
foreign commerce of the United States,
``(B) the economic soundness of the applications referred to in
subparagraph (A), and
``(C) the amount of guarantee authority available,
the Secretary determines, in the sole discretion of the Secretary, that
the issuance of a commitment to guarantee obligations for an eligible
export vessel will not result in the denial of an economically sound
application to issue a commitment to guarantee obligations for vessels
documented under the laws of the United States operating in the domestic
or foreign commerce of the United States.
``(2) The Secretary may not issue commitments to guarantee
obligations for eligible export vessels under this section after the
later of--
``(A) the 5th anniversary of the date on which the Secretary
publishes final regulations setting forth the application procedures
for the issuance of commitments to guarantee obligations for
eligible export vessels,
``(B) the last day of any 5-year period in which funding and
guarantee authority for obligations for eligible export vessels have
been continuously available, or
``(C) the last date on which those commitments may be issued
under any treaty or convention entered into after the date of the
enactment of the National Shipbuilding and Shipyard Conversion Act
of 1993 that prohibits guarantee of those obligations.''.
(3) Authority to guarantee obligations for eligible export
vessels.--Section 1104A is amended--
(A) by amending so much of subsection (a)(1) as precedes the
proviso to read as follows:
``(1) financing, including reimbursement of an obligor for
expenditures previously made for, construction, reconstruction, or
reconditioning of a vessel (including an eligible export vessel),
which is designed principally for research, or for commercial use
(A) in the coastwise or intercoastal trade; (B) on the Great Lakes,
or on bays, sounds, rivers, harbors, or inland lakes of the United
States; (C) in foreign trade as defined in section 905 of this Act
for purposes of title V of this Act; or (D) as an ocean thermal
energy conversion facility or plantship; (E) with respect to
floating drydocks in the construction, reconstruction,
reconditioning, or repair of vessels; or (F) with respect to an
eligible export vessel, in world-wide trade;'';
(B) by amending subsection (b)(2)--
(i) by striking ``subject to the provisions of paragraph
(1) of subsection (c) of this section,'' and inserting
``subject to the provisions of subsection (c)(1) and
subsection (i),'', and
(ii) by inserting before the semicolon at the end the
following: ``: Provided further, That in the case of an
eligible export vessel, such obligations may be in an
aggregate principal amount which does not exceed 87\1/2\ of
the actual cost or depreciated actual cost of the eligible
export vessel'';
(C) by amending subsection (b)(6) by inserting after
``United States Coast Guard'' the following: ``or, in the case
of an eligible export vessel, of the appropriate national flag
authorities under a treaty, convention, or other international
agreement to which the United States is a party'';
(D) in subsection (d), by adding at the end the following
new paragraph:
``(3) No commitment to guarantee, or guarantee of an obligation
may be made by the Secretary under this title for the construction,
reconstruction, or reconditioning of an eligible export vessel
unless--
``(A) the Secretary finds that the construction,
reconstruction, or reconditioning of that vessel will aid in the
transition of United States shipyards to commercial activities
or will preserve shipbuilding assets that would be essential in
time of war or national emergency, and
``(B) the owner of the vessel agrees with the Secretary of
Transportation that the vessel shall not be transferred to any
country designated by the Secretary of Defense as a country
whose interests are hostile to the interests of the United
States.''; and
(E) by adding at the end the following new subsections:
``(i) The Secretary may not, with respect to--
``(1) the general 75 percent or less limitation in subsection
(b)(2);
``(2) the 87\1/2\ percent or less limitation in the 1st, 2nd,
4th, or 5th proviso to subsection (b)(2) or section 1112(b); or
``(3) the 80 percent or less limitation in the 3rd proviso to
such subsection;
establish by rule, regulation, or procedure any percentage within any
such limitation that is, or is intended to be, applied uniformly to all
guarantees or commitments to guarantee made under this section that are
subject to the limitation.
``(j)(1) Upon receiving an application for a loan guarantee for an
eligible export vessel, the Secretary shall promptly provide to the
Secretary of Defense notice of the receipt of the application. During
the 30-day period beginning on the date on which the Secretary of
Defense receives such notice, the Secretary of Defense may disapprove
the loan guarantee based on the assessment of the Secretary of the
potential use of the vessel in a manner that may cause harm to United
States national security interests. The
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Secretary of Defense may not
disapprove a loan guarantee under this section solely on the basis of
the type of vessel to be constructed with the loan guarantee. The
authority of the Secretary to disapprove a loan guarantee under this
section may not be delegated to any official other than a civilian
officer of the Department of Defense appointed by the President, by and
with the advice and consent of the Senate.
``(2) The Secretary of Transportation may not make a loan guarantee
disapproved by the Secretary of Defense under paragraph (1).''.
(4) Limitation on authority to establish uniform percentage
limitation.--Section 1104B is amended by adding at the end of
subsection (b) the following flush sentence:
``The Secretary may not by rule, regulation, or procedure establish any
percentage within the 87\1/2\ percent or less limitation in paragraph
(2) that is, or is intended to be, applied uniformly to all guarantees
or commitments to guarantee made under this section.''.
(5) Conforming amendment.--Section 1103(a) is amended in the
first sentence by striking ``, upon application by a citizen of the
United States,''.
SEC. 1357. LOAN GUARANTEES FOR SHIPYARD MODERNIZATION AND IMPROVEMENT.
(a) In General.--Title XI of the Merchant Marine Act, 1936, is
further amended by adding at the end the following new section:
``Sec. 1112. (a) The Secretary, under section 1103(a) and subject to
the terms the Secretary shall prescribe, may guarantee or make a
commitment to guarantee the payment of the principal of, and the
interest on, an obligation for advanced shipbuilding technology and
modern shipbuilding technology of a general shipyard facility located in
the United States.
``(b) Guarantees or commitments to guarantee under this section are
subject to the extent applicable to all the laws, requirements,
regulations, and procedures that apply to guarantees or commitments to
guarantee made under this title, except that guarantees or commitments
to guarantee made under this section may be in the aggregate principal
amount that does not exceed 87\1/2\ percent of the actual cost of the
advanced shipbuilding technology or modern shipbuilding technology.
``(c) The Secretary may accept the transfer of funds from any other
department, agency, or instrumentality of the United States Government
and may use those funds to cover the cost (as defined in section 502 of
the Federal Credit Reform Act of 1990) of making guarantees or
commitments to guarantee loans entered into under this section.
``(d) For purposes of this section:
``(1) The term `advanced shipbuilding technology' includes--
``(A) numerically controlled machine tools, robots,
automated process control equipment, computerized flexible
manufacturing systems, associated computer software, and other
technology for improving shipbuilding and related industrial
production which advance the state-of-the-art; and
``(B) novel techniques and processes designed to improve
shipbuilding quality, productivity, and practice, and to promote
sustainable development, including engineering design, quality
assurance, concurrent engineering, continuous process production
technology, energy efficiency, waste minimization, design for
recyclability or parts reuse, inventory management, upgraded
worker skills, and communications with customers and suppliers.
``(2) The term `modern shipbuilding technology' means the best
available proven technology, techniques, and processes appropriate
to enhancing the productivity of shipyards.
``(3) The term `general shipyard facility' means--
``(A) for operations on land--
``(i) any structure or appurtenance thereto designed for
the construction, repair, rehabilitation, refurbishment or
rebuilding of any vessel (as defined in title 1, United
States Code) and including graving docks, building ways,
ship lifts, wharves, and pier cranes;
``(ii) the land necessary for any structure or
appurtenance described in clause (i); and
``(iii) equipment that is for the use in connection with
any structure or appurtenance and that is necessary for the
performance of any function referred to in subparagraph (A);
``(B) for operations other than on land, any vessel,
floating drydock or barge built in the United States and used
for, equipped to be used for, or of a type that is normally used
for activities referred to in subparagraph (A)(i) of this
paragraph.''.
(b) Conforming Amendment.--Section 1101(n) of that Act (46 App.
U.S.C. 1271(n)) is amended by striking ``vessels.'' and inserting
``vessels and general shipyard facilities (as defined in section
1112(d)(3)).''.
SEC. 1358. ELIGIBLE SHIPYARDS.
To be eligible to receive loan guarantee assistance under title XI
of the Merchant Marine Act, 1936, a shipyard must be a private shipyard
located in the United States.
SEC. 1359. FUNDING FOR CERTAIN LOAN GUARANTEE COMMITMENTS FOR FISCAL
YEAR 1994.
(a) Funding.--(1) The amount appropriated to the Secretary of
Defense pursuant to the authorization of appropriations in section 108
shall be available only for transfer to the Secretary of Transportation
and shall be available only for costs (as defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of new loan guarantee
commitments under (A) section 1104A(a)(1) of the Merchant Marine Act,
1936 (46 App. U.S.C. 1274(a)(1)), as amended by section 1356, or section
1111(a)(2) of such Act, as added by section 1355, for vessels of at
least 5,000 gross tons that are commercially marketable on the
international market (including eligible export vessels), and (B)
section 1112 of the Merchant Marine Act, 1936, as added by section 1357.
(2) Of the amount referred to in paragraph (1) that is obligated in
any year, not more than 12\1/2\ percent may be obligated for costs of
new loan guarantee commitments under section 1112 of the Merchant Marine
Act, 1936, as added by section 1357.
(3) In making loan guarantee commitments using funds referred to in
paragraph (1) for the purpose described in paragraph (2), the Secretary
of Transportation shall give priority to applications from shipyards
that have engaged in naval vessel construction.
(b) Transfer to Secretary of Transportation.--Subject to the
provisions of appropriations Acts, amounts made available under
subsection (a) shall be transferred to the Secretary of Transportation
for use as described in that subsection. Any such transfer shall be made
not later than 90 days after the date of the enactment of an Act
appropriating the funds to be transferred.
(c) Limitations on the Use of Department of Defense Funds.--(1)
Funds available to the Secretary of Transportation from the Department
of Defense under this section may be obligated only to the extent that
an equal amount of funds is available for purposes of this section from
non-Department of Defense sources.
(2) Funds available as of the date of the enactment of this Act
under loan guarantee programs under title XI of the Merchant Marine Act,
1936, are considered non-Department of Defense funds for purposes of
paragraph (1).
SEC. 1360. COURT SALE TO ENFORCE PREFERRED MORTGAGE LIENS FOR EXPORT
VESSELS.
Section 31326(b) of title 46, United States Code, is amended--
(1) in paragraph (1), by inserting ``, including a preferred
mortgage lien on a foreign vessel whose mortgage has been guaranteed
under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1101
et seq.)'' after ``preferred mortgage lien'', and
(2) in paragraph (2), by inserting ``whose mortgage has not been
guaranteed under title XI of that Act'' after ``foreign vessel''.
SEC. 1361. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorizations for Department of
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Transportation.--There is
authorized to be appropriated to the Secretary of Transportation for
fiscal year 1994 the sum of $10,000,000 to pay administrative costs
related to new loan guarantee commitments described in subsection (a) of
section 1359.
(b) Availability of Amounts.--Amounts appropriated under the
authority of this section shall remain available until expended.
SEC. 1362. REGULATIONS.
(a) In General.--Within 90 days after the date of the enactment of
this Act, the Secretary of Transportation shall prescribe regulations as
necessary to carry out the Secretary's responsibilities under this title
(including the amendments made by this title).
(b) Interim Regulations.--The Secretary of Transportation may
prescribe interim regulations necessary to carry out this title and for
accepting applications under title XI of the Merchant Marine Act, 1936,
as amended by this title. For that purpose, the Secretary is excepted
from compliance with the notice and comment requirements of section 553
of title 5, United States Code. All regulations prescribed under this
subsection that are not earlier superseded by final rules shall expire
270 days after the date of the enactment of this Act.
SEC. 1363. SHIPYARD CONVERSION AND REUSE STUDIES.
(a) Studies Required.--The Secretary of Defense shall make community
adjustment and diversification assistance available under section
2391(b) of title 10, United States Code, for the purpose of--
(1) conducting a study regarding the feasibility of converting
and reutilizing the Charleston Naval Shipyard, South Carolina, as a
facility primarily oriented toward commercial use; and
(2) conducting a study regarding the feasibility of converting
and reutilizing the Mare Island Naval Shipyard, California, as a
facility primarily oriented toward commercial use.
(b) Funding.--Of the amount made available pursuant to section
1302(a), $500,000 shall be available to carry out each of the studies
required by subsection (a).
Subtitle E--Other Matters
SEC. 1371. ENCOURAGEMENT OF THE PURCHASE OR LEASE OF VEHICLES PRODUCING
ZERO OR VERY LOW EXHAUST EMISSIONS.
From funds authorized to be appropriated in subtitle A of title I
and section 301 for the purchase or lease of non-tactical administrative
vehicles (such as automobiles, utility trucks, buses, and vans), the
Secretary of Defense is encouraged to expend not less than 10 percent of
such funds for the purchase or lease of vehicles producing zero or very
low exhaust emissions.
SEC. 1372. REVISION TO REQUIREMENTS FOR NOTICE TO CONTRACTORS UPON
PENDING OR ACTUAL TERMINATION OF DEFENSE PROGRAMS.
Section 4471 of the Defense Conversion, Reinvestment, and Transition
Assistance Act of 1992 (division D of Public Law 102-484; 106 Stat.
2753; 10 U.S.C. 2501 note) is amended to read as follows:
``SEC. 4471. NOTICE TO CONTRACTORS AND EMPLOYEES UPON PROPOSED AND
ACTUAL TERMINATION OR SUBSTANTIAL REDUCTION IN MAJOR DEFENSE PROGRAMS.
``(a) Notice Requirement After Submission of President's Budget to
Congress.--Each year, in conjunction with the preparation of the budget
for the next fiscal year to be submitted to Congress under section 1105
of title 31, United States Code, the Secretary of Defense shall
determine which major defense programs (if any) are proposed to be
terminated or substantially reduced under the budget. As soon as
reasonably practicable after the date on which the budget is submitted
to Congress under such section, and not more than 180 days after such
date, the Secretary, in accordance with regulations prescribed by the
Secretary, shall provide notice of the proposed termination of, or
substantial reduction in, each such program--
``(1) directly to each prime contractor under that program; and
``(2) by general notice through publication in the Federal
Register.
``(b) Notice Requirement After Enactment of Appropriations Act.--
Each year, as soon as reasonably practicable after the date of the
enactment of an Act appropriating funds for the military functions of
the Department of Defense, and not more than 180 days after such date,
the Secretary of Defense, in accordance with regulations prescribed by
the Secretary--
``(1) shall determine which major defense programs (if any) of
the Department of Defense that were not previously identified under
subsection (a) are likely to be terminated or substantially reduced
as a result of the funding levels provided in that Act; and
``(2) shall provide notice of the anticipated termination of, or
substantial reduction in, that program--
``(A) directly to each prime contractor under that program;
``(B) directly to the Secretary of Labor; and
``(C) by general notice through publication in the Federal
Register.
``(c) Notice to Subcontractors.--As soon as reasonably practicable
after the date on which the prime contractor for a major defense program
receives notice under subsection (a) or (b) of the termination of, or
substantial reduction in, that program, and not more than 45 days after
such date, the prime contractor shall--
``(1) provide notice of that termination or substantial
reduction to each person that is a first-tier subcontractor for that
program under a contract in an amount not less than $500,000 for the
program; and
``(2) require that each such subcontractor--
``(A) provide such notice to each of its subcontractors for
the program under a contract in an amount in excess of $100,000;
and
``(B) impose a similar notice and pass through requirement
to subcontractors in an amount in excess of $100,000 at all
tiers.
``(d) Contractor Notice to Employees and State Dislocated Worker
Unit.--Not later than two weeks after a defense contractor receives
notice under subsection (a)(1) or (b)(1), as the case may be, of the
termination of, or substantial reduction in, a defense program, the
contractor shall provide notice of such termination or substantial
reduction to--
``(1)(A) each representative of employees whose work is directly
related to the defense contract under such program and who are
employed by the defense contractor; or
``(B) if there is no such representative at that time, each such
employee; and
``(2) the State dislocated worker unit or office described in
section 311(b)(2) of the Job Training Partnership Act (29 U.S.C.
1661(b)(2)) and the chief elected official of the unit of general
local government within which the adverse effect may occur.
``(e) Constructive Notice.--The notice of termination of, or
substantial reduction in, a major defense program provided under
subsection (d)(1) to an employee of a contractor shall have the same
effect as a notice of termination to such employee for the purposes of
determining whether such employee is eligible for training, adjustment
assistance, and employment services under section 325 or 325A of the Job
Training Partnership Act (29 U.S.C. 1662d, 1662d-1), except where the
employer has specified that the termination of, or substantial reduction
in, the program is not likely to result in plant closure or mass layoff.
Any employee considered to have received such notice under the preceding
sentence shall only be eligible to receive services under section 314(b)
of such Act (29 U.S.C. 1661c(b)) and under paragraphs (1) through (14),
(16), and (18) of section 314(c) of such Act (29 U.S.C. 1661c(c)).
``(f) Withdrawal of Notification Upon Sufficient Funding for Program
To Continue.--
``(1) Notice to prime contractor.--If the Secretary of Defense
provides a notification under subsection (a) for a fiscal year with
respect to a major defense program and the Secretary subsequently
determines, upon enactment of an Act appropriating funds for the
military functions of the Department of Defense for that fiscal year
that due to a sufficie
2000
nt level of funding for the program having
been provided in that Act there will not be a termination of, or
substantial reduction in, that program, then the Secretary shall
provide notice of withdrawal of the notification provided under
subsection (a) to each prime contractor that received that notice
under such subsection. Any such notice of withdrawal shall be
provided as soon as reasonably practicable after the date of the
enactment of the appropriations Act concerned. In any such case, the
Secretary shall at the same time provide general notice of such
withdrawal by publication in the Federal Register.
``(2) Notice to subcontractors.--As soon as reasonably
practicable after the date on which the prime contractor for a major
defense program receives notice under paragraph (1) of the
withdrawal of a notification previously provided to the contractor
under subsection (a), and not more than 45 days after that date, the
prime contractor shall provide notice of such withdrawal to each
person that is a first-tier subcontractor for the program under a
contract in an amount not less than $500,000 for the program and
shall require that each such subcontractor provide such notice to
each subcontractor for the program under a contract in an amount not
less than $100,000 at any tier.
``(3) Notice to employees.--As soon as reasonably practicable
after the date on which a prime contractor receives notice of
withdrawal under paragraph (1) or a subcontractor receives such a
notice under paragraph (2), and not more than two weeks after that
date, the contractor or subcontractor shall provide notice of such
withdrawal--
``(A) to each representative of employees whose work is
directly related to the defense contract under the program and
who are employed by the contractor or subcontractor or, if there
is no such representative at that time, each such employee;
``(B) to the State dislocated worker unit or office
described in section 311(b)(2) of the Job Training Partnership
Act (29 U.S.C. 1661(b)(2)) and the chief elected official of the
unit of general local government within which the adverse effect
may occur; and
``(C) to each grantee under section 325(a) or 325A(a) of the
Job Training Partnership Act (29 U.S.C. 1662d, 1662d-1)
providing training, adjustment assistance, and employment
services to an employee described in this paragraph.
``(4) Loss of eligibility.--An employee who receives a notice of
withdrawal under paragraph (3) shall not be eligible for training,
adjustment assistance, and employment services under section 325 or
325A of the Job Training Partnership Act (29 U.S.C. 1662d, 1662d-1)
beginning on the date on which the employee receives the notice.
``(g) Definitions.--For purposes of this section:
``(1) The term `major defense program' means a program that is
carried out to produce or acquire a major system (as defined in
section 2302(5) of title 10, United States Code).
``(2) The terms `substantial reduction' and `substantially
reduced', with respect to a major defense program, mean a reduction
of 25 percent or more in the total dollar value of contracts under
the program.''.
SEC. 1373. REGIONAL RETRAINING SERVICES CLEARINGHOUSES.
(a) Establishment Required.--The Secretary of Labor, in consultation
with the Secretary of Defense, may carry out a demonstration project to
establish one or more regional retraining services clearinghouses to
serve eligible persons described in subsection (b).
(b) Persons Eligible for Clearinghouse Services.--The following
persons shall be eligible to receive services through the
clearinghouses:
(1) Members of the Armed Forces who are discharged or released
from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in defense
spending or the closure or realignment of a military installation,
as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or laid
off (or receive a notice of termination or lay off) as a result of
the completion or termination of a defense contract or program or
reductions in defense spending, as determined by the Secretary of
Defense.
(c) Informational Activities of Clearinghouses.--The clearinghouses
shall--
(1) collect educational materials that have been prepared for
the purpose of providing information regarding available retraining
programs, in particular those programs dealing with critical skills
needed in advanced manufacturing and skill areas in which shortages
of skilled employees exist;
(2) establish and maintain a data base for the purpose of
storing and categorizing such materials based on the different needs
of eligible persons; and
(3) furnish such materials, upon request, to educational
institutions and other interested persons.
(d) Funding.--From the unobligated balance of funds made available
pursuant to section 4465(c) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 29 U.S.C. 1662d-1 note) to
carry out section 325A of the Job Training Partnership Act (29 U.S.C.
1662d-1), not more than $10,000,000 shall be available to the Secretary
of Labor to carry out this section during fiscal year 1994. Funds made
available under section 1302 for defense conversion, reinvestment, and
transition assistance programs shall not be used to carry out this
section.
SEC. 1374. USE OF NAVAL INSTALLATIONS TO PROVIDE EMPLOYMENT TRAINING TO
NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS.
(a) Demonstration Project Authorized.--The Secretary of the Navy may
conduct a demonstration project to test the feasibility of using Navy
facilities to provide employment training to nonviolent offenders in a
State penal system prior to their release from incarceration. The
demonstration project shall be limited to not more than three military
installations under the jurisdiction of the Secretary.
(b) Agreements With Nonprofit Organizations.--The Secretary may
enter into a cooperative agreement with one or more private, nonprofit
organizations for purposes of providing at the military installations
included in the demonstration project the prerelease employment training
authorized under subsection (a).
(c) Use of Facilities.--Under a cooperative agreement entered into
under subsection (b), the Secretary may lease or otherwise make
available to a nonprofit organization participating in the demonstration
project at a military installation included in the demonstration project
any real property or facilities at the installation that the Secretary
considers to be appropriate for use to provide the prerelease employment
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 employment training
authorized under subsection (a).
(e) Liability and Indemnification.--A nonprofit organization
participating in the demonstration project shall be liable for any loss
or damage to Government property that may result from, or in connection
with, the provision of prerelease employment training by the
organization under demonstration project. The nonprofit organization
also shall 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.
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(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 Secretary considers to be
appropriate.
TITLE XIV--MATTERS RELATING TO ALLIES AND OTHER NATIONS
Subtitle A--Defense Burden Sharing
SEC. 1401. DEFENSE BURDENS AND RESPONSIBILITIES.
(a) Findings.--Congress makes the following findings:
(1) Since fiscal year 1985, the budget of the Department of
Defense has declined by 34 percent in constant fiscal year 1985
dollars.
(2) During the past few years, the United States military
presence overseas has declined significantly in the following ways:
(A) Since fiscal year 1986, the number of United States
military personnel permanently stationed overseas has declined
by almost 200,000.
(B) From fiscal year 1989 to fiscal year 1994, spending by
the United States to support the stationing of United States
military forces overseas will have declined by 36 percent.
(C) Since January 1990, the Department of Defense has
announced the closure, reduction, or transfer to standby status
of 840 United States military facilities overseas, which is
approximately a 50 percent reduction in the number of such
facilities.
(3) The United States military presence overseas will continue
to decline as a result of actions by the executive branch and as a
result of the following provisions of law:
(A) Section 1302 of the National Defense Authorization Act
for Fiscal Year 1993, which requires a 40 percent reduction by
September 30, 1996, in the number of United States military
personnel permanently stationed ashore in overseas locations.
(B) Section 1303 of the National Defense Authorization Act
for Fiscal Year 1993, which provides that no more than 100,000
United States military personnel may be permanently stationed
ashore in NATO member countries after September 30, 1996.
(C) Section 1301 of the National Defense Authorization Act
for Fiscal Year 1993, which reduced the spending proposed by the
Department of Defense for overseas basing activities during
fiscal year 1993 by $500,000,000.
(D) Sections 913 and 915 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991, which directed
the President to develop a plan to gradually reduce the United
States military force structure in East Asia.
(4) The East Asia Strategy Initiative, which was developed in
response to sections 913 and 915 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991, has resulted in
the withdrawal of 12,000 United States military personnel from Japan
and the Republic of Korea since fiscal year 1990.
(5) In response to actions by the executive branch and the
Congress, allied countries in which United States military personnel
are stationed and alliances in which the United States participates
have agreed to reduce the costs incurred by the United States in
basing military forces overseas in the following ways:
(A) Under the 1991 Special Measures Agreement between Japan
and the United States, Japan will pay by 1995 almost all yen-
denominated costs of stationing United States military personnel
in Japan.
(B) The Republic of Korea has agreed to pay by 1995 one-
third of the won-based costs incurred by the United States in
stationing United States military personnel in the Republic of
Korea.
(C) The North Atlantic Treaty Organization (NATO) has agreed
that the NATO Infrastructure Program will adapt to support post-
Cold War strategy and could pay the annual operation and
maintenance costs of facilities in Europe and the United States
that would support the reinforcement of Europe by United States
military forces and the participation of United States military
forces in peacekeeping and conflict prevention operations.
(D) Such allied countries and alliances have agreed to share
more fully the responsibilities and burdens of providing for
mutual security and stability through steps such as the
following:
(i) The Republic of Korea has assumed the leadership
role regarding ground combat forces for the defense of the
Republic of Korea.
(ii) NATO has adopted the new mission of conducting
peacekeeping operations and is, for example, providing land,
sea, and air forces for United Nations efforts in the former
Yugoslavia.
(iii) The countries of western Europe are contributing
substantially to the development of democracy, stability,
and open market societies in eastern Europe and the former
Soviet Union.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the forward presence of United States military personnel
stationed overseas continues to be important to United States
security interests;
(2) that forward presence facilitates efforts to pursue United
States security interests on a collective basis rather than pursuing
them on a far more costly unilateral basis or receding into
isolationism;
(3) the bilateral and multilateral arrangements and alliances in
which that forward presence plays a part must be further adapted to
the security environment of the post-Cold War period;
(4) the cost-sharing percentages for the NATO Infrastructure
Program should be reviewed with the aim of reflecting current
economic, political, and military realities and thus reducing the
United States cost-sharing percentage; and
(5) the amounts obligated to conduct United States overseas
basing activities should decline significantly in fiscal year 1994
and in future fiscal years as--
(A) the number of United States military personnel stationed
overseas continues to decline; and
(B) the countries in which United States military personnel
are stationed and the alliances in which the United States
participates assume an increased share of United States overseas
basing costs.
(c) Reducing United States Overseas Basing Costs.--(1) In order to
achieve additional savings in overseas basing costs, the President
should--
(A) continue with the reductions in United States military
presence overseas as required by sections 1302 and 1303 of the
National Defense Authorization Act for Fiscal Year 1993; and
(B) intensify efforts to negotiate a more favorable host-nation
agreement with each foreign country to which this paragraph applies
under paragraph (3)(A).
(2) For purposes of paragraph (1)(B), a more favorable host-nation
agreement is an agreement under which such foreign country--
(A) assumes an increased share of the costs of United States
military installations in that country, including the costs of--
(i) labor, utilities, and services;
(ii) military construction projects and real property
maintenance;
(iii) leasing requirements associated with the United States
military presence; and
(iv) actions necessary to meet local environmental
standards;
(B) relieves the United States of all tax liability that, with
respect to forces located in that country, is incurred by the Armed
Forces of the United States under the laws of that country and the
laws of the community where those forces are located; and
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(C) ensures that goods and services furnished in that country to
the Armed Forces of the United States are provided at minimum cost
and without imposition of user fees.
(3)(A) Except as provided in subparagraph (B), paragraph (1)(B)
applies with respect to--
(i) each country of the North Atlantic Treaty Organization
(other than the United States); and
(ii) each other foreign country with which the United States has
a bilateral or multilateral defense agreement that provides for the
assignment of combat units of the Armed Forces of the United States
to permanent duty in that country or the placement of combat
equipment of the United States in that country.
(B) Paragraph (1) does not apply with respect to--
(i) a foreign country that receives assistance under section 23
of the Arms Export Control Act (22 U.S.C. 2763) (relating to the
foreign military financing program) or under the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2346 et seq.); or
(ii) a foreign country that has agreed to assume, not later than
September 30, 1996, at least 75 percent of the nonpersonnel costs of
United States military installations in the country.
(d) Obligational Limitation.--(1) The total amount appropriated to
the Department of Defense for Military Personnel, for Operation and
Maintenance, and for military construction (including construction and
improvement of military family housing) that is obligated to conduct
overseas basing activities during fiscal year 1994 may not exceed
$16,915,400,000 (such amount being the amount appropriated for such
purposes for fiscal year 1993 reduced by $3,300,000,000), except to the
extent provided by the Secretary of Defense under paragraph (3).
(2) For purposes of this subsection, the term ``overseas basing
activities'' means the activities of the Department of Defense for which
funds are provided through appropriations for Military Personnel, for
Operation and Maintenance (including appropriations for family housing
operations), and for military construction (including construction and
improvement of military family housing) for the payment of costs for
Department of Defense overseas military units and the costs for all
dependents who accompany Department of Defense personnel outside the
United States.
(3) The Secretary of Defense may increase the amount of the
limitation under paragraph (1) by such amount or amounts as the
Secretary determines to be necessary in the national interest, but not
to exceed a total increase of $582,700,000. The Secretary may not
increase the amount of such limitation under the preceding sentence
until the Secretary provides notice to Congress of the Secretary's
intent to authorize such an increase and a period of 15 days elapses
after the day on which such notice is provided.
(e) Allocations of Savings.--Any amounts appropriated to the
Department of Defense for fiscal year 1994 for the purposes covered by
subsection (d)(1) that are not available to be used for those purposes
by reason of the limitation in that subsection shall be allocated by the
Secretary of Defense for operation and maintenance and for military
construction activities of the Department of Defense at military
installations and facilities located inside the United States.
SEC. 1402. BURDEN SHARING CONTRIBUTIONS FROM DESIGNATED COUNTRIES AND
REGIONAL ORGANIZATIONS.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end a new section 2350j
consisting of--
(1) a heading as follows:
``§2350j. Burden sharing contributions by designated countries and
regional organizations'';
and
(2) a text consisting of the text of section 1045 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1465), revised--
(A) in subsection (a)--
(i) by replacing ``During fiscal years 1992 and 1993,
the Secretary'' with ``The Secretary'';
(ii) by inserting ``, after consultation with the
Secretary of State,'' after ``Secretary of Defense'';
(iii) by deleting ``from Japan, Kuwait, and the Republic
of Korea''; and
(iv) by inserting ``from any country or regional
organization designated for purposes of this section by the
Secretary of Defense, in consultation with the Secretary of
State''; and
(B) in subsection (f)--
(i) by replacing ``each quarter of fiscal years 1992 and
1993'' with ``each fiscal year'';
(ii) by replacing ``congressional defense committees''
with ``Congress'';
(iii) by striking out ``Japan, Kuwait, and the Republic
of Korea'' and inserting in lieu thereof ``each country and
regional organization from which contributions have been
accepted by the Secretary under subsection (a)''; and
(iv) by replacing ``the preceding quarter'' in
paragraphs (1) and (2) with ``the preceding fiscal year''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of such chapter is amended by adding at the end the
following new item:
``2350j. Burden sharing contributions by designated countries and
regional organizations.''.
Subtitle B--North Atlantic Treaty Organization
SEC. 1411. FINDINGS, SENSE OF CONGRESS, AND REPORT REQUIREMENT
CONCERNING NORTH ATLANTIC TREATY ORGANIZATION.
(a) Findings.--The Congress makes the following findings:
(1) The North Atlantic Treaty Organization (NATO) has
successfully met the challenge of helping to maintain the peace,
security, and freedom of the United States and its NATO allies for
more than 40 years.
(2) The national security interests of the United States have
been well served by the process of consultation, coordination, and
military cooperation in the NATO framework.
(3) Recent history has witnessed radical changes in the
international security environment, including the fall of the Berlin
Wall, the unification of Germany, the disbanding of the Warsaw Pact
and the disintegration of the Soviet Union.
(4) The military threats which NATO was established to deter
have greatly diminished with the end of the Cold War.
(5) The post-Cold War security situation continues to present a
wide array of challenges to United States national interests, many
of which interests the United States shares with its allies in
Europe and Canada.
(6) The international community may prove capable of deterring
many threats to the common peace if it can respond decisively to
aggression.
(7) The United States must share the responsibilities and the
burdens of pursuing international security and stability with other
nations.
(8) Several of the newly democratic nations of Central and
Eastern Europe and the former Soviet Union have expressed interest
in seeking membership in NATO.
(9) Many of the security challenges facing the post-Cold War
world would be best handled through coherent multilateral responses.
(10) The United States should never send its military forces
into combat unless they are provided with the best opportunity to
accomplish their objectives with as little risk as possible.
(11) Military interventions against antagonistic armed forces
cannot be conducted safely or effectively on a multilateral basis
unless such operations are jointly planned in advance and are
executed by units which have trained together and are familiar with
each others' operational procedures.
(12) NATO is currently the only organization with the
experience, trained staff, and infrastructure necessary to support
military coo
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peration with the major military allies of the United
States.
(13) The NATO allies already have volunteered to consider
requests from the United Nations and the Conference on Security and
Cooperation in Europe for assistance in maintaining the peace.
(14) Justification of the relevance of NATO in the post-Cold War
world will depend largely upon the alliance's ability to adapt its
mission, area of responsibility, and procedures to the new security
environment.
(15) Justification of future United States support for the
alliance and for a United States military presence in Europe will
depend upon NATO's ability to address those security interests which
the United States shares with its allies in Europe and Canada.
(16) The meeting of the NATO heads of state scheduled for
January 1994, presents an excellent opportunity for the President to
articulate a new, broader security mission for the alliance in the
post-Cold War world, one which will enable it to address a wider
array of threats to its members' interests and which will help to
share more effectively the burden of international security
requirements.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) old threats to the security of the United States and its
allies in the North Atlantic Treaty Organization having greatly
diminished, and new, more diverse challenges having arisen
(including ethno-religious conflict in Central and Eastern Europe
and the former Soviet Union and the proliferation of weapons of mass
destruction in regions proximate to alliance territory), NATO's
mission must be redefined so that it may respond to such challenges
to its members' security even when those challenges emanate from
beyond the geographic boundaries of its members' territories;
(2) NATO should review its consultative mechanisms in order to
maximize its ability to marshal political, diplomatic, social, and
economic solidarity, buttressed by credible military capability, and
to bring the full weight and scope of its cooperative efforts to
bear in addressing the new challenges; and
(3) future United States military involvement in, and
contributions to, NATO should be determined in relation to the
alliance's success or failure in adapting itself to confronting the
challenges of the post-Cold War world.
(c) Report.--Not later than 30 days after the date of the enactment
of this Act, the President shall transmit a report to the Committee on
Armed Services and the Committee on Foreign Relations of the Senate and
the Committee on Armed Services and the Committee on Foreign Affairs of
the House of Representatives. The report shall contain recommendations
on the following:
(1) The manner in which NATO can formulate and implement a
strategy to address the new, more disparate threats to the security
of its members.
(2) The manner in which NATO should continue to adapt its
consultative process, including efforts to extend that process to
the new democracies of Central and Eastern Europe and the former
Soviet Union, so as to enhance its political, diplomatic, social,
economic, and military efforts to project stability eastward and
maximize its capabilities in crisis prevention and crisis
management.
(3) The feasibility of having NATO conduct security operations
beyond the geographic boundaries of the alliance.
(4) The manner in which NATO should restructure its forces,
training and equipment for the new security environment, including
with regard to multinational peacekeeping activities.
(5) The desirability of expanding the alliance to include
traditionally neutral nations or the new democratic nations of
Central and Eastern Europe and the former Soviet Union that wish to
join NATO.
(6) The proper size and composition of United States forces to
be deployed in Europe to assist in the implementation of NATO's new
mandate and possible reduction in United States military deployments
in Europe in the event of the alliance's failure to adopt a new
mandate.
(7) The structure and organization of NATO headquarters, with
particular attention to the need to reinvigorate the NATO Military
Committee.
(8) The extent to which NATO liaison teams should be assigned to
the United Nations and the Conference on Security and Cooperation in
Europe so as to facilitate better coordination among these
organizations, especially in regard to crisis prevention and crisis
management.
(9) The desirability of having additional NATO forces train in
North America in a manner supportive of NATO's proposed new
strategy.
(10) The structure of NATO's military command, with particular
attention to the need to make NATO's Rapid Reaction Force a credible
deterrent to regional aggression.
(11) The levels of United States, European, and Canadian defense
budgets and their ability to finance forces consistent with the
implementation of NATO's new mandate.
SEC. 1412. MODIFICATION OF CERTAIN REPORT REQUIREMENTS.
(a) Biennial NATO Report.--Section 1002(d) of the Department of
Defense Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928
note), is amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1) Not later than April 1, 1990, and
biennially each year thereafter'' and inserting in lieu thereof
``Not later than April 1 of each even-numbered year''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs (1)
and (2).
(b) Report on Allied Contributions.--Section 1046(e) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 105 Stat. 1467; 22 U.S.C. 1928 note) is amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) specifying the incremental costs to the United States
associated with the permanent stationing ashore of United States
forces in foreign nations.''.
(c) Finding and Sense of Congress.--(1) The Congress finds that the
Secretary of Defense did not submit to Congress in a timely manner the
report on allied contributions to the common defense required under
section 1003(c) of the National Defense Authorization Act, 1985 (Public
Law 98-525; 22 U.S.C. 1928 note), to be submitted not later than April
1, 1993.
(2) It is the sense of Congress that the timely submission of such
report to Congress each year is essential to the deliberation by
Congress concerning the annual defense program.
SEC. 1413. PERMANENT AUTHORITY TO CARRY OUT AWACS MEMORANDA OF
UNDERSTANDING.
Section 2350e of title 10, United States Code, is amended by
striking out subsection (d).
Subtitle C--Export of Defense Articles
SEC. 1421. EXTENSION OF AUTHORITY FOR CERTAIN FOREIGN GOVERNMENTS TO
RECEIVE EXCESS DEFENSE ARTICLES.
Section 516(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(a)(3)) is amended by inserting ``or fiscal year 1992'' after
``fiscal year 1991''.
SEC. 1422. REPORT ON EFFECT OF INCREASED USE OF DUAL-USE TECHNOLOGIES ON
ABILITY TO CONTROL EXPORTS.
(a) Report Requirement.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report assessing what effect the increased use of dual-use
and commercial technologies and items by the Department of Defense could
have on the ability of the United States to control adequately the
export of sensitive dual-use and military technologies and items to
nations to whom the receipt of such technologies is contrary to United
States national security interests.
(b) Effect on Defense Programs.--The r
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eport required by subsection
(a) shall include--
(1) an assessment of the national security implications of any
lowering of licensing controls on the export of dual-use items and
technology, to include an assessment of the effect such lowering of
controls could have on operational United States defense programs
and capabilities and planned United States defense programs and
capabilities;
(2) a description of the steps the Secretary of Defense intends
to take to ensure that any decontrol of dual-use items and
technology does not place at risk the technology and defense
capability lead that the United States currently enjoys; and
(3) a description of the steps the Department of Defense intends
to take to mitigate any possible increase in the proliferation
threat resulting from decontrol of dual-use items and technology.
(c) Consultation.--The report required by subsection (a) shall be
prepared in consultation with the Director of Central Intelligence.
SEC. 1423. EXTENSION OF LANDMINE EXPORT MORATORIUM.
(a) Findings.--The Congress makes the following findings:
(1) Anti-personnel landmines, which are designed to maim and
kill people, have been used indiscriminately in dramatically
increasing numbers around the world. Hundreds of thousands of
noncombatant civilians, including children, have been the primary
victims. Unlike other military weapons, landmines often remain
implanted and undiscovered after conflict has ended, causing massive
suffering to civilian populations.
(2) Tens of millions of landmines have been strewn in at least
62 countries, often making whole areas uninhabitable. The Department
of State estimates that there are more than 10,000,000 landmines in
Afghanistan, 9,000,000 in Angola, 4,000,000 in Cambodia, 3,000,000
in Iraqi Kurdistan, and 2,000,000 each in Somalia, Mozambique, and
the former Yugoslavia. Hundreds of thousands of landmines were used
in conflicts in Central America in the 1980s.
(3) Advanced technologies are being used to manufacture
sophisticated mines which can be scattered remotely at a rate of
1,000 per hour. These mines, which are being produced by many
industrialized countries, were found in Iraqi arsenals after the
Persian Gulf War.
(4) At least 300 types of anti-personnel landmines have been
manufactured by at least 44 countries, including the United States.
However, the United States is not a major exporter of landmines.
During the 10 years from 1983 through 1992, the United States
approved 10 licenses for the commercial export of anti-personnel
landmines with a total value of $980,000 and the sale under the
Foreign Military Sales program of 108,852 anti-personnel landmines.
(5) The United States signed, but has not ratified, the 1980
Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed To Be Excessively Injurious
or To Have Indiscriminate Effects. Protocol II of the Convention,
otherwise known as the Landmine Protocol, prohibits the
indiscriminate use of landmines.
(6) When it signed the 1980 Convention, the United States
stated: ``We believe that the Convention represents a positive step
forward in efforts to minimize injury or damage to the civilian
population in time of armed conflict. Our signature of the
Convention reflects the general willingness of the United States to
adopt practical and reasonable provisions concerning the conduct of
military operations, for the purpose of protecting noncombatants.''.
(7) The United States also indicated that it had supported
procedures to enforce compliance, which were omitted from the
Convention's final draft. The United States stated: ``The United
States strongly supported proposals by other countries during the
Conference to include special procedures for dealing with compliance
matters, and reserves the right to propose at a later date
additional procedures and remedies, should this prove necessary, to
deal with such problems.''.
(8) The lack of compliance procedures and other weaknesses have
significantly undermined the effectiveness of the Landmine Protocol.
Since it entered into force on December 2, 1983, the number of
civilians maimed and killed by anti-personnel landmines has
multiplied.
(9) Since October 23, 1992, when a one-year moratorium on sales,
transfers, and exports by the United States of anti-personnel
landmines was enacted into law (in section 1365 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484;
22 U.S.C. 2778 note)), the European Parliament has issued a
resolution calling for a five year moratorium on sales, transfers,
and exports of anti-personnel landmines and the Government of France
has announced that it has ceased all sales, transfers, and exports
of anti-personnel landmines.
(10) On December 2, 1993, 10 years will have elapsed since the
1980 Convention entered into force, triggering the right of any
party to request a United Nations conference to review the
Convention. Amendments to the Landmine Protocol may be considered at
that time. A formal request has been made to the United Nations
Secretary General for a review conference. With necessary
preparations and consultations among governments, a review
conference is not expected to be convened before late 1994 or early
1995.
(11) The United States should continue to set an example for
other countries in such negotiations by extending the moratorium on
sales, transfers, and exports of anti-personnel landmines for an
additional three years. A moratorium of that duration would extend
the prohibition on the sale, transfer, and export of anti-personnel
landmines a sufficient time to take into account the results of a
United Nations review conference.
(b) Statement of Policy.--
(1) It is the policy of the United States to seek verifiable
international agreements prohibiting the sale, transfer or export,
and further limiting the manufacture, possession and use, of anti-
personnel landmines.
(2) It is the sense of the Congress that--
(A) the President should submit the 1980 Convention on
Certain Conventional Weapons to the Senate for ratification; and
(B) the United States should--
(i) participate in a United Nations conference to review
the Landmine Protocol; and
(ii) actively seek to negotiate under United Nations
auspices a modification of the Landmine Protocol, or another
international agreement, to prohibit the sale, transfer, or
export of anti-personnel landmines and to further limit the
manufacture, possession, and use of anti-personnel
landmines.
(c) Three-Year Extension of Landmine Moratorium.--Section 1365(c) of
the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 22 U.S.C. 2778 note) is amended by striking out ``For a period
of one year beginning on the date of the enactment of this Act'' and
inserting in lieu thereof ``During the four-year period beginning on
October 23, 1992''.
(d) Definition.--For purposes of this section, the term ``anti-
personnel landmine'' means any of the following:
(1) Any munition placed under, on, or near the ground or other
surface area, or delivered by artillery, rocket, mortar, or similar
means or dropped from an aircraft and which is designed to be
detonated or exploded by the presence, proximity, or contact of a
person.
(2) Any device or material which is designed, constructed, or
adapted to kill or injure and which functions unexpectedly when a
person disturbs or approaches an apparently harmless object
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or
performs an apparently safe act.
(3) Any manually-emplaced munition or device designed to kill,
injure, or damage and which is actuated by remote control or
automatically after a lapse of time.
Subtitle D--Other Matters
SEC. 1431. CODIFICATION OF PROVISION RELATING TO OVERSEAS WORKLOAD
PROGRAM.
(a) Codification.--(1) Chapter 138 of title 10, United States Code,
is amended by inserting after section 2348 the following new section:
``§2349. Overseas Workload Program
``(a) In General.--A firm of any member nation of the North Atlantic
Treaty Organization or of any major non-NATO ally shall be eligible to
bid on any contract for the maintenance, repair, or overhaul of
equipment of the Department of Defense located outside the United States
to be awarded under competitive procedures as part of the program of the
Department of Defense known as the Overseas Workload Program.
``(b) Site of Performance.--A contract awarded to a firm described
in subsection (a) may be performed in the theater in which the equipment
is normally located or in the country in which the firm is located.
``(c) Exceptions.--The Secretary of a military department may
restrict the geographic region in which a contract referred to in
subsection (a) may be performed if the Secretary determines that
performance of the contract outside that specific region--
``(1) could adversely affect the military preparedness of the
armed forces; or
``(2) would violate the terms of an international agreement to
which the United States is a party.
``(d) Definition.--In this section, the term `major non-NATO ally'
has the meaning given that term in section 2350a(i)(3) of this title.''.
(2) The table of sections at the beginning of subchapter I of such
chapter is amended by inserting after the item relating to section 2348
the following new item:
``2349. Overseas Workload Program.''.
(b) Conforming Amendments.--(1) Section 1465 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1700) is repealed.
(2) Section 9130 of the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1935), is amended--
(A) in subsection (b), by striking out ``, or thereafter,''; and
(B) in subsection (d), by striking out ``or thereafter'' each
place it appears.
SEC. 1432. AMERICAN DIPLOMATIC FACILITIES IN GERMANY.
(a) Limitation on Source of Funds for New United States Diplomatic
Facilities.--(1) As of January 1, 1995, the United States may not
purchase, construct, lease, or otherwise occupy any facility as an
embassy, chancery, or consular facility in Germany unless that facility
is purchased, constructed, modified, or leased with funds provided by
the Government of Germany as an offset for the value of facilities
returned by the United States Government to the Government of Germany
pursuant to Article 52 of the Status-of-Forces Agreement with the
Government of Germany in effect on the date of the enactment of this
Act.
(2) The limitation in paragraph (1) does not apply with respect to
any facility occupied as of January 1, 1995, by United States diplomatic
personnel.
(b) Certification.--As of January 1, 1995, the Secretary of State
(and any representative of the Secretary of State) may not enter into
any legal instrument to purchase, construct, modify, or lease any
facility described in subsection (a) until the Secretary of Defense
certifies to the appropriate committees of Congress that the United
States has received (or is scheduled to receive) cash payments or
offsets-in-kind of a value not less than 50 percent of the value of the
facilities returned by the United States Government to the Government of
Germany pursuant to Article 52 of the Status-of-Forces Agreement with
the Government of Germany in effect on the date of the enactment of this
Act.
(c) Definition.--For purposes of this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign
Relations of the Senate.
SEC. 1433. CONSENT OF CONGRESS TO SERVICE BY RETIRED MEMBERS IN MILITARY
FORCES OF NEWLY DEMOCRATIC NATIONS.
(a) Findings.--The Congress makes the following findings:
(1) It is in the national security interest of the United States
to promote democracy throughout the world.
(2) The armed forces of newly democratic nations often lack the
democratic traditions that are a hallmark of the Armed Forces of the
United States.
(3) The understanding of military roles and missions in a
democracy is essential for the development and preservation of
democratic forms of government.
(4) The service of retired members of the Armed Forces of the
United States in the armed forces of newly democratic nations could
lead to a better understanding of military roles and missions in a
democracy.
(b) Consent of Congress.--(1) Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new section:
``§1058. Military service of retired members with newly democratic
nations: consent of Congress
``(a) Consent of Congress.--Subject to subsection (b), Congress
consents to a retired member of the uniformed services--
``(1) accepting employment by, or holding an office or position
in, the military forces of a newly democratic nation; and
``(2) accepting compensation associated with such employment,
office, or position.
``(b) Approval Required.--The consent provided in subsection (a) for
a retired member of the uniformed services to accept employment or hold
an office or position shall apply to a retired member only if the
Secretary concerned and the Secretary of State jointly approve the
employment or the holding of such office or position.
``(c) Determination of Newly Democratic Nations.--The Secretary
concerned and the Secretary of State shall jointly determine whether a
nation is a newly democratic nation for the purposes of this section.
``(d) Reports to Congressional Committees.--The Secretary concerned
and the Secretary of State shall notify the Committee on Armed Services
and the Committee on Foreign Relations of the Senate and the Committee
on Armed Services and the Committee on Foreign Affairs of the House of
Representatives of each approval under subsection (b) and each
determination under subsection (c).
``(e) Continued Entitlement to Retired Pay and Benefits.--The
eligibility of a retired member to receive retired or retainer pay and
other benefits arising from the retired member's status as a retired
member of the uniformed services, and the eligibility of dependents of
such retired member to receive benefits on the basis of such retired
member's status as a retired member of the uniformed services, may not
be terminated by reason of employment or holding of an office or
position consented to in subsection (a).
``(f) Retired Member Defined.--In this section, the term `retired
member' means a member or former member of the uniformed services who is
entitled to receive retired or retainer pay.
``(g) Civil Employment by Foreign Governments.--For a provision of
law providing the consent of Congress to civil employment by foreign
governments, see section 908 of title 37.''.
(2) The table of sections at the beginning of chapter 53 of such
title is amended by adding at the end the following:
``1058. Military service of retired members with newly democratic
nations: consent of Congress.''.
(c) Conforming Cross Reference.--Section 908 of title 37, United
States Code, is amended--
(1) in subsection (a), by inserting ``Congressional Consent.--''
after ``(a)'';
(2) in subsection (b), by inserting ``Approval Required.--''
after ``(b)''; and
(3) by adding at the e
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nd the following:
``(c) Military Service in Foreign Armed Forces.--For a provision of
law providing the consent of Congress to service in the military forces
of certain foreign nations, see section 1058 of title 10.''.
(d) Effective Date.--Section 1058 of title 10, United States Code,
as added by subsection (a), shall take effect as of January 1, 1993.
SEC. 1434. SEMIANNUAL REPORT ON EFFORTS TO SEEK COMPENSATION FROM
GOVERNMENT OF PERU FOR DEATH AND WOUNDING OF CERTAIN UNITED STATES
SERVICEMEN.
(a) Findings.--The Congress finds that--
(1) the United States Government has not made adequate efforts
to seek the payment of compensation by the Government of Peru for
the death and injuries to United States military personnel resulting
from the attack by aircraft of the military forces of Peru on April
24, 1992, against a United States Air Force C-130 aircraft operating
off the coast of Peru; and
(2) in failing to make such efforts adequately, the United
States Government has failed in its obligation to support the
servicemen and their families involved in the incident and generally
to support members of the Armed Forces carrying out missions on
behalf of the United States.
(b) Semiannual Report.--Not later than December 1 and June 1 of each
year, the Secretary of Defense shall submit to the Committees on Armed
Services and Foreign Affairs of the House of Representatives and the
Committees on Armed Services and Foreign Relations of the Senate a
report on the efforts made by the Government of the United States during
the preceding six-month period to seek the payment of fair and equitable
compensation by the Government of Peru (1) to the survivors of Master
Sergeant Joseph Beard, Jr., United States Air Force, who was killed in
the attack described in subsection (a), and (2) to the other crew
members who were wounded in the attack and survived.
(c) Termination of Report Requirement.--The requirement in
subsection (b) shall terminate upon certification by the Secretary of
Defense to Congress that the Government of Peru has paid fair and
equitable compensation as described in subsection (b).
TITLE XV--INTERNATIONAL PEACEKEEPING AND HUMANITARIAN ACTIVITIES
Subtitle A--Assistance Activities
SEC. 1501. GENERAL AUTHORIZATION OF SUPPORT FOR INTERNATIONAL
PEACEKEEPING ACTIVITIES.
(a) Authorized Support for Fiscal Year 1994.--The Secretary of
Defense may provide assistance for international peacekeeping activities
during fiscal year 1994, in accordance with section 403 of title 10,
United States Code, in an amount not to exceed $300,000,000. Any
assistance so provided may be derived from funds appropriated to the
Department of Defense for fiscal year 1994 for operation and maintenance
or (notwithstanding the second sentence of subsection (b) of that
section) from balances in working capital funds.
(b) Additional Limitations.--Subsection (c) of section 403 of title
10, United States Code, is amended--
(1) by striking out ``Related to Availability of State
Department Funds'' in the subsection heading;
(2) by striking out ``and'' at the end of paragraphs (1) and
(2);
(3) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof a semicolon; and
(4) by adding at the end the following new paragraphs:
``(4) only if the United States has received written commitments
that the United States will be fully and promptly reimbursed by the
United Nations or the regional organization involved for outstanding
obligations incurred through an arrangement designated under United
Nations practices as a `letter of assist' or a similar arrangement
for logistics support, supplies, services, and equipment provided by
the Department of Defense on a contract basis to the United Nations
or the regional organization involved; and
``(5) only if the Department of Defense will receive any
reimbursement to the United States from the United Nations or a
regional organization for outstanding obligations incurred through
an arrangement designated under United Nations practices as a
`letter of assist' or a similar arrangement for logistics support,
supplies, services, and equipment provided by the Department of
Defense on a contract basis to the United Nations or the regional
organization involved, unless such reimbursement to the Department
of Defense is otherwise precluded by law.''.
(c) Extension of Authority.--Subsection (h) of such section is
amended by striking out ``September 30, 1993'' and inserting in lieu
thereof ``September 30, 1994''.
SEC. 1502. REPORT ON MULTINATIONAL PEACEKEEPING AND PEACE ENFORCEMENT.
(a) Report Required.--Not later than April 1, 1994, the President,
after seeking the views of the Secretary of State and the Secretary of
Defense, shall submit to the committees specified in subsection (c) a
report on United States policy on multinational peacekeeping and peace
enforcement.
(b) Content of Report.--The report shall contain a comprehensive
analysis and discussion of the following matters:
(1) Criteria for participation by the United States in
multinational missions through the United Nations, the North
Atlantic Treaty Organization, or other regional alliances and
international organizations.
(2) Proposals for expanding peacekeeping activities by the North
Atlantic Treaty Organization and the North Atlantic Cooperation
Council, including multinational operations, multinational training,
and multinational doctrine development.
(3) Proposals for establishing regional entities, on an ad hoc
basis or a permanent basis, to conduct peacekeeping or peace
enforcement operations under a United Nations mandate as an
alternative to direct United Nations involvement in such operations.
(4) A summary of progress made by the United States, in
consultation with other nations, to develop doctrine for
peacekeeping and peace enforcement operations and plans to conduct
exercises with other nations for such purposes.
(5) Proposals for criteria for determining whether to commence
new peacekeeping missions, including, in the case of any such
mission, criteria for determining the threat to international peace
to be addressed by the mission, the precise objectives of the
mission, the costs of the mission, and the proposed endpoint of the
mission.
(6) The principles, criteria, or considerations guiding
decisions to place United States forces under foreign command or to
decline to put United States forces under foreign command.
(7) Proposals to establish opportunities within the Armed Forces
for voluntary assignment to duty in units designated for assignment
to multinational peacekeeping and peace enforcement missions.
(8) Proposals to modify the budgetary and financial policies of
the United Nations for peacekeeping and peace enforcement missions,
including--
(A) proposals regarding the structure and control of
budgetary procedures;
(B) proposals regarding United Nations accounting
procedures; and
(C) specific proposals--
(i) to establish a revolving capital fund to finance the
costs of starting new United Nations operations approved by
the Security Council;
(ii) to establish a requirement that United Nations
member nations pay one-third of the anticipated first-year
costs of a new operation immediately upon Security Council
approval of that operation;
(iii) to establish a requirement that United Nations
member nations be charged interest penalties on late payment
of their assessments for peacekeeping or peace enforcement
missions;
(iv) regarding possible sources of internationa
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l revenue
for United Nations peacekeeping and peace enforcement
missions;
(v) regarding the need to lower the United States
peacekeeping assessment to the same percentage as the United
States assessment to the regular United Nations budget; and
(vi) regarding a revision of the current schedule of
payments per servicemember assigned to a peacekeeping
mission in order to bring payments more in line with costs.
(9) Proposals to establish a small United Nations Rapid
Deployment Force under the direction of the United Nations Security
Council in order to provide for quick intervention in disputes for
the purpose of preventing a larger outbreak of hostilities.
(10) Proposals for reorganization of the United Nations
Secretariat to provide improved management of peacekeeping
operations, including the establishment of a Department of Peace
Operations (DPO) and the transfer of the Operations Division from
Field Operations into such a department.
(11) Requirement of congressional approval for participation of
United States Armed Forces in multinational peacekeeping and peace
enforcement missions, including the applicability of the War Powers
Resolution and the United Nations Participation Act.
(12) Proposals that the United States and other United Nations
member nations negotiate special agreements under article 43 of the
United Nations Charter to provide for those states to make armed
forces, assistance, and facilities available to the United Nations
Security Council for the purposes stated in article 42 of that
charter, not only on an ad hoc basis, but also on a permanent on-
call basis for rapid deployment under Security Council
authorization.
(13) A proposal that member nations of the United Nations commit
to keep equipment specified by the Secretary General of the United
Nations available for immediate sale, loan, or donation to the
United Nations when required.
(14) A proposal that member nations of the United Nations make
airlift and sealift capacity available to the United Nations without
charge or at lower than commercial rates.
(15) An evaluation of the current capabilities and future needs
of the United Nations for improved command, control, communications,
and intelligence infrastructure, including facilities, equipment,
procedures, training, and personnel, and an analysis of United
States capabilities and experience in such matters that could be
applied or offered directly to the United Nations.
(16) An evaluation of the potential role of the Military Staff
Committee of the United Nations Security Council.
(17) Training requirements for foreign military personnel
designated to participate in peacekeeping operations, including an
assessment of the nation, nations, or organizations that might best
provide such training and at what cost.
(18) Any other information that may be useful to inform Congress
on matters relating to United States policy and proposals on
peacekeeping and peace enforcement missions.
(c) Committees To Receive Report.--The committees to which the
report under this section are to be submitted are--
(1) the Committee on Armed Services and the Committee on Foreign
Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives.
SEC. 1503. MILITARY-TO-MILITARY CONTACT.
(a) Continuation of Certain Military-to-Military Programs.--Of the
amounts authorized to be appropriated pursuant to section 301 for
Defense-wide activities, $10,000,000 shall be made available to continue
efforts that were initiated by the commander of a United States unified
command and approved by the chairman of the Joint Chiefs of Staff for
military-to-military contacts and comparable activities that are
designed to assist the military forces of other countries in
understanding the appropriate role of military forces in a democratic
society.
(b) Limitation.--Subsection (a) applies only to activities initiated
by September 30, 1993, and only in the case of countries with which
those activities had been initiated by that date.
SEC. 1504. HUMANITARIAN AND CIVIC ASSISTANCE.
(a) Regulations.--The regulations required to be prescribed under
section 401 of title 10, United States Code, shall be prescribed not
later than March 1, 1994. In prescribing such regulations, the Secretary
of Defense shall consult with the Secretary of State.
(b) Limitation on Use of Funds.--Section 401(c)(2) of title 10,
United States Code, is amended by inserting before the period the
following: ``, except that funds appropriated to the Department of
Defense for operation and maintenance (other than funds appropriated
pursuant to such paragraph) may be obligated for humanitarian and civic
assistance under this section only for incidental costs of carrying out
such assistance''.
(c) Notifications Regarding Humanitarian Relief.--Any notification
provided to the appropriate congressional committees with respect to
assistance activities under section 2551 of title 10, United States
Code, shall include a detailed description of any items for which
transportation is provided that are excess nonlethal supplies of the
Department of Defense, including the quantity, acquisition value, and
value at the time of the transportation of such items.
(d) Report on Humanitarian Assistance Activities.--(1) The Secretary
of Defense shall submit to the appropriate congressional committees a
report on the activities planned to be carried out by the Department of
Defense during fiscal year 1995 under sections 401, 402, 2547, and 2551
of title 10, United States Code. The report shall include information,
developed after consultation with the Secretary of State, on the
distribution of excess nonlethal supplies transferred to the Secretary
of State during fiscal year 1993 pursuant to section 2547 of that title.
(2) The report shall be submitted at the same time that the
President submits the budget for fiscal year 1995 to Congress pursuant
to section 1105 of title 31, United States Code.
(e) Authorization of Appropriations.--The funds authorized to be
appropriated by section 301(18) shall be available to carry out
humanitarian and civic assistance activities under sections 401, 402,
and 2551 of title 10, United States Code.
(f) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate.
Subtitle B--Policies Regarding Specific Countries
SEC. 1511. SANCTIONS AGAINST SERBIA AND MONTENEGRO.
(a) Codification of Executive Branch Sanctions.--The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act, that were imposed by or pursuant to the following
directives of the executive branch shall (except as provided under
subsections (d) and (e)) remain in effect until changed by law:
(1) Executive Order 12808 of May 30, 1992, as continued in
effect on May 25, 1993.
(2) Executive Order 12810 of June 5, 1992.
(3) Executive Order 12831 of January 15, 1993.
(4) Executive Order 12846 of April 25, 1993.
(5) Department of State Public Notice 1427, effective July 11,
1991.
(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
(7) Department of Transportation Order 92-5-38 of May 20, 1992.
(8) Federal Aviation Administration action of June 19, 1992 (14
C.F.R. Part 91).
(b) Prohibition on Assistanc
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e.--No funds appropriated or otherwise
made available by law may be obligated or expended on behalf of the
government of Serbia or the government of Montenegro.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance from that institution to the
government of Serbia or the government of Montenegro, except for basic
human needs.
(d) Exception.--Notwithstanding any other provision of law, the
President is authorized and encouraged to exempt from sanctions imposed
against Serbia and Montenegro that are described in subsection (a) those
United States-supported programs, projects, or activities that involve
reform of the electoral process, the development of democratic
institutions or democratic political parties, or humanitarian assistance
(including refugee care and human rights observation).
(e) Waiver Authority.--(1) The President may waive or modify the
application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the requirement in
subsection (c).
(2) Such a waiver or modification may only be effective upon
certification by the President to Congress that the President has
determined that the waiver or modification is necessary (A) to meet
emergency humanitarian needs, or (B) to achieve a negotiated settlement
of the conflict in Bosnia-Herzegovina that is acceptable to the parties.
SEC. 1512. INVOLVEMENT OF ARMED FORCES IN SOMALIA.
(a) Sense of Congress Regarding United States Policy Toward
Somalia.--
(1) Since United States Armed Forces made significant
contributions under Operation Restore Hope towards the establishment
of a secure environment for humanitarian relief operations and
restoration of peace in the region to end the humanitarian disaster
that had claimed more than 300,000 lives.
(2) Since the mission of United States forces in support of the
United Nations appears to be evolving from the establishment of ``a
secure environment for humanitarian relief operations,'' as set out
in United Nations Security Council Resolution 794 of December 3,
1992, to one of internal security and nation building.
(b) Statement of Congressional Policy.--
(1) Consultation with the congress.--The President should
consult closely with the Congress regarding United States policy
with respect to Somalia, including in particular the deployment of
United States Armed Forces in that country, whether under United
Nations or United States command.
(2) Planning.--The United States shall facilitate the assumption
of the functions of United States forces by the United Nations.
(3) Reporting requirement.--
(A) The President shall ensure that the goals and objectives
supporting deployment of United States forces to Somalia and a
description of the mission, command arrangements, size,
functions, location, and anticipated duration in Somalia of
those forces are clearly articulated and provided in a detailed
report to the Congress by October 15, 1993.
(B) Such report shall include the status of planning to
transfer the function contained in paragraph (2).
(4) Congressional approval.--Upon reporting under the
requirements of paragraph (3) Congress believes the President should
by November 15, 1993, seek and receive congressional authorization
in order for the deployment of United States forces to Somalia to
continue.
TITLE XVI--ARMS CONTROL MATTERS
Subtitle A--Programs in Support of the Prevention and Control of
Proliferation of Weapons of Mass Destruction
SEC. 1601. STUDY OF GLOBAL PROLIFERATION OF STRATEGIC AND ADVANCED
CONVENTIONAL MILITARY WEAPONS AND RELATED EQUIPMENT AND TECHNOLOGY.
(a) Study.--The President shall conduct a study of (1) the factors
that contribute to the proliferation of strategic and advanced
conventional military weapons and related equipment and technologies,
and (2) the policy options that are available to the United States to
inhibit such proliferation.
(b) Conduct of Study.--In carrying out the study the President shall
do the following:
(1) Identify those factors contributing to global weapons
proliferation which can be most effectively regulated.
(2) Identify and assess policy approaches available to the
United States to discourage the transfer of strategic and advanced
conventional military weapons and related equipment and technology.
(3) Assess the effectiveness of current multilateral efforts to
control the transfer of such military weapons and equipment and such
technology.
(4) Identify and examine methods by which the United States
could reinforce these multilateral efforts to discourage the
transfer of such weapons and equipment and such technology,
including placing conditions on assistance provided by the United
States to other nations.
(5) Identify the circumstances under which United States
national security interests might best be served by a transfer of
conventional military weapons and related equipment and technology,
and specifically assess whether such circumstances exist when such a
transfer is made to an allied country which, with the United States,
has mutual national security interests to be served by such a
transfer.
(6) Assess the effect on the United States economy and the
national technology and industrial base (as defined by section
2491(1) of title 10, United States Code) which might result from
potential changes in United States policy controlling the transfer
of such military weapons and related equipment and technology.
(c) Advisory Board.--(1) Within 15 days after the date of the
enactment of this Act, the President shall establish an Advisory Board
on Arms Proliferation Policy. The advisory board shall be composed of 5
members. The President shall appoint the members from among persons in
private life who are noted for their stature and expertise in matters
covered by the study required under subsection (a) and shall ensure, in
making the appointments, that the advisory board is composed of members
from diverse backgrounds. The President shall designate one of the
members as chairman of the advisory board.
(2) The President is encouraged--
(A) to obtain the advice of the advisory board regarding the
matters studied pursuant to subsection (a) and to consider that
advice in carrying out the study; and
(B) to ensure that the advisory board is informed in a timely
manner and on a continuing basis of the results of policy reviews
carried out under the study by persons outside the board.
(3) The members of the advisory board shall receive no pay for
serving on the advisory board. However, the members shall be allowed
travel expenses and per diem in accordance with the regulations referred
to in paragraph (6).
(4) Upon request of the chairman of the advisory board, the
Secretary of Defense or the head of any other Federal department or
agency may detail, without reimbursement for costs, any of the personnel
of the department or agency to the advisory board to assist the board in
carrying out its duties.
(5) The Secretary of Defense shall designate a federally funded
research and development center with expertise in the matters covered by
the study required under subsection (a) to provide the advisory board
with such support services as the advisory board may need to carry out
its duties.
(6) Except as otherwise provided in this section, the provisions of
the Federal Advisory Committee Act (5 U.S.C. App.), and the regulations
prescribed by the Administrator of General Services pursuant to that
Act, shall apply to the advisory board. Subsections (e)
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and (f) of
section 10 of such Act do not apply to the advisory board.
(7) The advisory board shall terminate 30 days after the date on
which the President submits the final report of the advisory board to
Congress pursuant to subsection (d)(2)(B).
(d) Reports.--(1) The Advisory Board on Arms Proliferation Policy
shall submit to the President, not later than May 15, 1994, a report
containing its findings, conclusions, and recommendations on the matters
covered by the study carried out pursuant to subsection (a).
(2) The President shall submit to Congress, not later than June 1,
1994--
(A) a report on the study carried out pursuant to subsection
(a), including the President's findings and conclusions regarding
the matters considered in the study; and
(B) the report of the Advisory Board on Arms Proliferation
Policy received under paragraph (1), together with the comments, if
any, of the President on that report.
SEC. 1602. EXTENSION OF EXISTING AUTHORITIES.
(a) Extension to Fiscal Year 1994.--Section 1505 of the National
Defense Authorization Act for Fiscal Year 1993 (22 U.S.C. 5859a) is
amended by striking out ``fiscal year 1993'' in subsections (a), (d)(1),
and (e) and inserting in lieu thereof ``fiscal year 1994''.
(b) Funding.--Subsection (d)(3) of such section is amended--
(1) by striking out ``40,000,000'' and inserting in lieu thereof
``$25,000,000, including funds used for activities of the On-Site
Inspection Agency in support of the United Nations Special
Commission on Iraq''; and
(2) by striking out the second sentence.
(c) Repeal of Notice-and-Wait Requirement.--Subsection (d) of such
section is further amended by striking out paragraph (4).
SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION
POLICY.
(a) Authorization To Conduct Studies.--During fiscal year 1994, the
Secretary of Defense may conduct studies and analysis programs in
support of the counterproliferation policy of the United States.
(b) Counterproliferation Studies.--Studies and analysis programs
under this section may include programs intended to explore defense
policy issues that might be involved in efforts to prevent and counter
the proliferation of weapons of mass destruction and their delivery
systems. Such efforts include--
(1) enhancing United States military capabilities to deter and
respond to terrorism, theft, and proliferation involving weapons of
mass destruction;
(2) cooperating in international programs to enhance military
capabilities to deter and respond to terrorism, theft, and
proliferation involving weapons of mass destruction; and
(3) otherwise contributing to Department of Defense capabilities
to deter, identify, monitor, and respond to such terrorism, theft,
and proliferation involving weapons of mass destruction.
(c) Designation of Coordinator.--The Under Secretary of Defense for
Policy, subject to the supervision and control of the Secretary of
Defense, shall coordinate the policy studies and analysis of the
Department of Defense on countering proliferation of weapons of mass
destruction and their delivery systems.
(d) Funds.--Funds for programs authorized in this section shall be
derived from amounts made available to the Department of Defense for
fiscal year 1994 or from balances in working capital accounts of the
Department of Defense. The total amount expended for fiscal year 1994 to
carry out studies and analysis programs under subsection (a) may not
exceed $6,000,000.
(e) Restriction.--None of the funds referred to in subsection (d)
shall be available for the purposes stated in this section until 15 days
after the date on which the Secretary of Defense submits to the
appropriate congressional committees a report setting forth--
(1) a description of all of the activities within the Department
of Defense that are being carried out or are to be carried out for
the purposes stated in this section;
(2) the plan for coordinating and integrating those activities
within the Department of Defense;
(3) the plan for coordinating and integrating those activities
with those of other Federal agencies; and
(4) the sources of the funds to be used for such purposes.
(f) Report.--Not later than April 30 of each year, and not later
than October 30 of each year, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the activities
carried out under subsection (a). Each report shall set forth for the
six-month period ending on the last day of the month preceding the month
in which the report is due the following:
(1) A description of the studies and analysis carried out.
(2) The amounts spent for such studies and analysis.
(3) The organizations that conducted the studies and analysis.
(4) An explanation of the extent to which such studies and
analysis contributes to the counterproliferation policy of the
United States and United States military capabilities to deter and
respond to terrorism, theft, and proliferation involving weapons of
mass destruction.
(5) A description of the measures being taken to ensure that
such studies and analysis within the Department of Defense is
managed effectively and coordinated comprehensively.
SEC. 1604. SENSE OF CONGRESS REGARDING UNITED STATES CAPABILITIES TO
PREVENT AND COUNTER WEAPONS PROLIFERATION.
It is the sense of Congress that--
(1) the United States should have the ability to counter
effectively potential threats to United States interests that arise
from the proliferation of such weapons;
(2) the Department of Defense, the Department of State, the
Department of Energy, the Arms Control and Disarmament Agency, and
the intelligence community have important roles, as well as unique
capabilities and expertise, in preventing the proliferation of
weapons of mass destruction and dealing with the consequences of any
proliferation of such weapons, including capabilities and expertise
regarding--
(A) detection and monitoring of proliferation of weapons of
mass destruction;
(B) development of effective export control regimes;
(C) interdiction and destruction of weapons of mass
destruction and related weapons material; and
(D) carrying out international monitoring and inspection
regimes that relate to proliferation of such weapons and
material;
(3) the Department of Defense, the Department of Energy, and the
intelligence community have unique capabilities and expertise that
contribute directly to the ability of the United States to implement
United States policy to counter effectively the threats that arise
from the proliferation of weapons of mass destruction, including
capabilities and expertise regarding--
(A) responses to terrorism, theft, or accidents involving
weapons of mass destruction;
(B) conduct of intrusive international inspections for
verification of arms control treaties;
(C) direct and discrete counterproliferation actions that
require use of force; and
(D) development and deployment of active military
countermeasures and protective measures against threats
resulting from arms proliferation, including defenses against
ballistic missile attacks; and
(4) the United States should continue to maintain and improve
its capabilities to identify, monitor, and respond to the
proliferation of weapons of mass destruction and delivery systems
for such weapons.
SEC. 1605. JOINT COMMITTEE FOR REVIEW OF PROLIFERATION PROGRAMS OF THE
UNITED STATES.
(a) Establishment.--(1) There is hereby established a Non-
Proliferation Program Review Committee composed of the following
members:
(A) The Secretary of Defense.
(B) The Secretary of
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State.
(C) The Secretary of Energy.
(D) The Director of Central Intelligence.
(E) The Director of the United States Arms Control and
Disarmament Agency.
(F) The Chairman of the Joint Chiefs of Staff.
(2) The Secretary of Defense shall chair the committee.
(3) A member of the committee may designate a representative to
perform routinely the duties of the member. A representative shall be in
a position of Deputy Assistant Secretary or a position equivalent to or
above the level of Deputy Assistant Secretary. A representative of the
Chairman of the Joint Chiefs of Staff shall be a person in a grade
equivalent to that of Deputy Assistant Secretary of Defense.
(4) The Secretary of Defense may delegate to the Under Secretary of
Defense for Acquisition and Technology the performance of the duties of
the Chairman of the committee.
(5) The members of the committee shall first meet not later than 30
days after the date of the enactment of this Act. Upon designation of
working level officials and representatives, the members of the
committee shall jointly notify the appropriate committees of Congress
that the committee has been constituted. The notification shall identify
the representatives designated pursuant to paragraph (3) and the working
level officials of the committee.
(b) Purposes of the Committee.--The purposes of the committee are as
follows:
(1) To optimize funding for, and ensure the development and
deployment of--
(A) highly effective technologies and capabilities for the
detection, monitoring, collection, processing, analysis, and
dissemination of information in support of United States
nonproliferation policy; and
(B) disabling technologies in support of such policy.
(2) To identify and eliminate undesirable redundancies or
uncoordinated efforts in the development and deployment of such
technologies and capabilities.
(c) Duties.--The committee shall--
(1) identify and review existing and proposed capabilities
(including counterproliferation capabilities) and technologies for
support of United States nonproliferation policy with regard to--
(A) intelligence;
(B) battlefield surveillance;
(C) passive defenses;
(D) active defenses;
(E) counterforce capabilities;
(F) inspection support; and
(G) support of export control programs;
(2) as part of the review pursuant to paragraph (1), review all
directed energy and laser programs for detecting, characterizing, or
interdicting weapons of mass destruction, their delivery platforms,
or other orbiting platforms with a view to the elimination of
redundancy and the optimization of funding for the systems not
eliminated;
(3) review the programs (including the crisis management
program) developed by the Department of State to counter terrorism
involving weapons of mass destruction and their delivery systems;
(4) prescribe requirements and priorities for the development
and deployment of highly effective capabilities and technologies to
support fully the nonproliferation policy of the United States;
(5) identify deficiencies in existing capabilities and
technologies;
(6) formulate near-term, mid-term, and long-term programmatic
options for meeting requirements established by the committee and
eliminating deficiencies identified by the committee; and
(7) in carrying out the other duties of the committee, ensure
that all types of counterproliferation actions are considered.
(d) Access to Information.--The committee shall have access to
information on all programs, projects, and activities of the Department
of Defense, the Department of State, the Department of Energy, the
intelligence community, and the Arms Control and Disarmament Agency that
are pertinent to the purposes and duties of the committee.
(e) Budget Recommendations.--The committee may submit to the
officials referred to in subsection (a) any recommendation regarding
existing or planned budgets as the committee considers appropriate to
encourage funding for capabilities and technologies at the level
necessary to support United States nonproliferation policy.
(f) Termination of Committee.--The committee shall cease to exist
six months after the date on which the report of the Secretary of
Defense under section 1606 is submitted to Congress.
SEC. 1606. REPORT ON NONPROLIFERATION AND COUNTERPRO- LIFERATION
ACTIVITIES AND PROGRAMS.
(a) Report Required.--Not later than May 1, 1994, the Secretary of
Defense shall submit to Congress a report on the findings of the
committee on nonproliferation activities established by section 1605.
(b) Content of Report.--The report shall include the following
matters:
(1) A complete list, by program, of the existing, planned, and
proposed capabilities and technologies reviewed by the committee,
including all directed energy and laser programs reviewed pursuant
to section 1605(c)(2).
(2) A complete description of the requirements and priorities
established by the committee.
(3) A comprehensive discussion of the near-term, mid-term, and
long-term programmatic options formulated by the committee for
meeting requirements prescribed by the committee and eliminating
deficiencies identified by the committee, including the annual
funding requirements and completion dates established for each such
option.
(4) An explanation of the recommendations made pursuant to
section 1605(e) and a full discussion of the actions taken on such
recommendations, including the actions taken to implement the
recommendations.
(5) A discussion of the existing and planned capabilities of the
Department of Defense--
(A) to detect and monitor clandestine programs for the
acquisition or production of weapons of mass destruction;
(B) to respond to terrorism or accidents involving such
weapons and thefts of materials related to any weapon of mass
destruction; and
(C) to assist in the interdiction and destruction of weapons
of mass destruction, related weapons materials, and advanced
conventional weapons.
(6) A description of--
(A) the extent to which the Secretary of Defense has
incorporated nonproliferation and counterproliferation missions
into the overall missions of the unified combatant commands; and
(B) how the special operations command established pursuant
to section 167(a) of title 10, United States Code, might support
the commanders of the other unified combatant commands and the
commanders of the specified combatant commands in the
performance of such overall missions.
(c) Forms of Report.--The report shall be submitted in both
unclassified and classified forms, as appropriate.
SEC. 1607. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) The term ``intelligence community'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 401a).
Subtitle B--International Nonproliferation Activities
SEC. 1611. NUCLEAR NONPROLIFERATION.
(a) Findings.--The Congress finds the following:
(1) The United States has been seeking to contain the spread of
nuclear weapons technology and materials.
(2) With t
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he end of the Cold War and the breakup of the Soviet
Union, the proliferation of nuclear weapons is now a leading
military threat to the national security of the United States and
its allies.
(3) The United Nations Security Council declared on January 31,
1992, that ``proliferation of all weapons of mass destruction
constitutes a threat to international peace and security'' and
committed to taking appropriate action to prevent proliferation from
occurring.
(4) Aside from the five declared nuclear weapon states, a number
of other nations have or are pursuing nuclear weapons capabilities.
(5) The IAEA is a valuable international institution to counter
proliferation, but the effectiveness of its system to safeguard
nuclear materials may be adversely affected by financial
constraints.
(6) The Nuclear Non-Proliferation Treaty codifies world
consensus against further nuclear proliferation and is scheduled for
review and extension in 1995.
(7) The Nuclear Nonproliferation Act of 1978 declared that the
United States is committed to continued strong support for the
Nuclear Non-Proliferation Treaty and to a strengthened and more
effective IAEA, and established that it is United States policy to
establish more effective controls over the transfer of nuclear
equipment, materials, and technology.
(b) Comprehensive Nuclear Nonproliferation Policy.--In order to end
nuclear proliferation and reduce current nuclear arsenals and supplies
of weapons-usable nuclear materials, it should be the policy of the
United States to pursue a comprehensive policy to end the further spread
of nuclear weapons capability, roll back nuclear proliferation where it
has occurred, and prevent the use of nuclear weapons anywhere in the
world, with the following additional objectives:
(1) Successful conclusion of all pending nuclear arms control
and disarmament agreements with all the republics of the former
Soviet Union and their secure implementation.
(2) Full participation by all the republics of the former Soviet
Union in all multilateral nuclear nonproliferation efforts and
acceptance of IAEA safeguards on all their nuclear facilities.
(3) Strengthening of United States and international support to
the IAEA so that the IAEA has the technical, financial, and
political resources to verify that countries are complying with
their nonproliferation commitments.
(4) Strengthening of nuclear export controls in the United
States and other nuclear supplier nations, impose sanctions on
individuals, companies, and countries which contribute to nuclear
proliferation, and provide increased public information on nuclear
export licenses approved in the United States.
(5) Reduction in incentives for countries to pursue the
acquisition of nuclear weapons by seeking to reduce regional
tensions and to strengthen regional security agreements, and
encourage the United Nations Security Council to increase its role
in enforcing international nuclear nonproliferation agreements.
(6) Support for the indefinite extension of the Nuclear Non-
Proliferation Treaty at the 1995 conference to review and extend
that treaty and seek to ensure that all countries sign the treaty or
participate in a comparable international regime for monitoring and
safeguarding nuclear facilities and materials.
(7) Reaching agreement with the Russian Federation to end the
production of new types of nuclear warheads.
(8) Pursuing, once the START I treaty and the START II treaty
are ratified by all parties, a multilateral agreement to
significantly reduce the strategic nuclear arsenals of the United
States and the Russian Federation to below the levels of the START
II treaty, with lower levels for the United Kingdom, France, and the
People's Republic of China.
(9) Reaching immediate agreement with the Russian Federation to
halt permanently the production of fissile material for weapons
purposes, and working to achieve worldwide agreements to--
(A) end in the shortest possible time the production of
weapons-usable fissile material;
(B) place existing stockpiles of such materials under
bilateral or international controls; and
(C) require countries to place all of their nuclear
facilities dedicated to peaceful purposes under IAEA safeguards.
(10) Strengthening IAEA safeguards to more effectively verify
that countries are complying with their nonproliferation commitments
and provide the IAEA with the political, technical, and financial
support necessary to implement the necessary safeguard reforms.
(11) Conclusion of a multilateral comprehensive nuclear test ban
treaty.
(c) Requirements for Implementation of Policy.--(1) Not later than
180 days after the date of the enactment of this Act, the President
shall submit to the Congress a report, in unclassified form, with a
classified appendix if necessary, on the actions the United States has
taken and the actions the United States plans to take during the
succeeding 12-month period to implement each of the policy objectives
set forth in this section.
(2) Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Congress a report in unclassified
form, with a classified appendix if necessary, which--
(A) addresses the implications of the adoption by the United
States of a policy of no-first-use of nuclear weapons;
(B) addresses the implications of an agreement with the other
nuclear weapons states to adopt such a policy; and
(C) addresses the implications of a verifiable bilateral
agreement with the Russian Federation under which both countries
withdraw from their arsenals and dismantle all tactical nuclear
weapons, and seek to extend to all nuclear weapons states this zero
option for tactical nuclear weapons.
(d) Definitions.--For purposes of this section:
(1) The term ``IAEA'' means the International Atomic Energy
Agency.
(2) The term ``IAEA safeguards'' means the safeguards set forth
in an agreement between a country and the IAEA, as authorized by
Article III(A)(5) of the Statute of the International Atomic Energy
Agency.
(3) The term ``non-nuclear weapon state'' means any country that
is not a nuclear weapon state.
(4) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, signed at
Washington, London, and Moscow on July 1, 1968.
(5) The term ``nuclear weapon state'' means any country that is
a nuclear-weapon state, as defined by Article IX(3) of the Treaty on
the Non-Proliferation of Nuclear Weapons, signed at Washington,
London, and Moscow on July 1, 1968.
(6) The term ``weapons-usable fissile materials'' means highly
enriched uranium and separated or reprocessed plutonium.
(7) The term ``policy of no first use of nuclear weapons'' means
a commitment not to initiate the use of nuclear weapons.
(8) The term ``START II treaty'' means the Treaty on Further
Reductions and Limitations of Strategic Offensive Arms, signed by
the United States and the Russian Federation on January 3, 1993.
SEC. 1612. CONDITION ON ASSISTANCE TO RUSSIA FOR CONSTRUCTION OF
PLUTONIUM STORAGE FACILITY.
(a) Limitation.--Until a certification under subsection (b) is made,
no funds may be obligated or expended by the United States for the
purpose of assisting the Ministry of Atomic Energy of Russia to
construct a storage facility for surplus plutonium from dismantled
weapons.
(b) Certification of Russia's Commitment to Halt Chemical Separation
of Weapon-Grade Plutonium.--The prohibition in subsection (a) shall
cease to apply upon a certification by the Presiden
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t to Congress that
Russia--
(1) is committed to halting the chemical separation of weapon-
grade plutonium from spent nuclear fuel; and
(2) is taking all practical steps to halt such separation at the
earliest possible date.
(c) Sense of Congress on Plutonium Policy.--It is the sense of
Congress that a key objective of the United States with respect to the
nonproliferation of nuclear weapons should be to obtain a clear and
unequivocal commitment from the Government of Russia that it will (1)
cease all production and separation of weapon-grade plutonium, and (2)
halt chemical separation of plutonium produced in civil nuclear power
reactors.
(d) Report.--Not later than June 1, 1994, the President shall submit
to Congress a report on the status of efforts by the United States to
secure the commitments and achieve the objective described in
subsections (b) and (c). The President shall include in the report a
discussion of the status of joint efforts by the United States and
Russia to replace any remaining Russian plutonium production reactors
with alternative power sources or to convert such reactors to operation
with alternative fuels that would permit their operation without
generating weapon-grade plutonium.
SEC. 1613. NORTH KOREA AND THE TREATY ON THE NON-PROLIFERATION OF
NUCLEAR WEAPONS.
(a) Findings.--The Congress finds the following:
(1) The Treaty on the Non-Proliferation of Nuclear Weapons, to
which 156 states are party, is the cornerstone of the international
nuclear nonproliferation regime.
(2) Any nonnuclear weapon state that is a party to the Treaty on
the Non-Proliferation of Nuclear Weapons is obligated to accept
International Atomic Energy Agency safeguards on all source or
special fissionable material that is within its territory, under its
jurisdiction, or carried out under its control anywhere.
(3) The International Atomic Energy Agency is permitted to
conduct inspections in a nonnuclear weapon state that is a party to
the Treaty at any site, whether or not declared by that state, to
ensure that all source or special fissionable material in that state
is under safeguards.
(4) North Korea acceded to the Treaty on the Non-Proliferation
of Nuclear Weapons as a nonnuclear weapons state in December 1985.
(5) North Korea, after acceding to that Treaty, refused until
1992 to accept International Atomic Energy Agency safeguards as
required under the Treaty.
(6) Inspections of North Korea's nuclear materials by the
International Atomic Energy Agency suggested discrepancies in North
Korea's declarations regarding special nuclear materials.
(7) North Korea has not given a scientifically satisfactory
explanation for those discrepancies.
(8) North Korea refused to provide International Atomic Energy
Agency inspectors with full access to two sites for the purposes of
verifying its compliance with the Treaty on the Non-Proliferation of
Nuclear Weapons.
(9) When called upon by the International Atomic Energy Agency
to provide such full access as required by the Treaty, North Korea
announced its intention to withdraw from the Treaty, effective after
the required three months notice.
(10) After intensive negotiations with the United States, North
Korea agreed to suspend its intention to withdraw from the Treaty on
the Non-Proliferation of Nuclear Weapons and begin consultations
with the International Atomic Energy Agency on providing access to
its suspect sites.
(11) In an attempt to persuade North Korea to abandon its
nuclear weapons program, the United States has offered to discuss
with North Korea specific incentives that could be provided for
North Korea once (A) outstanding inspection issues between North
Korea and the International Atomic Energy Agency are resolved, and
(B) progress is made in bilateral talks between North Korea and
South Korea.
(b) Congressional Statements.--The Congress--
(1) notes that the continued refusal of North Korea nearly eight
years after ratification of the Treaty on the Non-Proliferation of
Nuclear Weapons to fully accept International Atomic Energy Agency
safeguards raises serious questions regarding a possible North
Korean nuclear weapons program;
(2) notes that possession by North Korea of nuclear weapons (A)
would threaten peace and stability in Asia, (B) would jeopardize the
existing nuclear non-proliferation regime, and (C) would undermine
the goal of the United States to extend the Treaty on the Non-
Proliferation of Nuclear Weapons at the 1995 review conference;
(3) urges continued pressure from the President, United States
allies, and the United Nations Security Council on North Korea to
adhere to the Treaty and provide full access to the International
Atomic Energy Agency in the shortest time possible;
(4) urges the President, United States allies, and the United
Nations Security Council to press for continued talks between North
Korea and South Korea on denuclearization of the Korean peninsula;
(5) urges that no trade, financial, or other economic benefits
be provided to North Korea by the United States or United States
allies until North Korea has (A) provided full access to the
International Atomic Energy Agency, (B) satisfactorily explained any
discrepancies in its declarations of bomb-grade material, and (C)
fully demonstrated that it does not have or seek a nuclear weapons
capability; and
(6) calls on the President and the international community to
take steps to strengthen the international nuclear nonproliferation
regime.
SEC. 1614. SENSE OF CONGRESS RELATING TO THE PROLIFERATION OF SPACE
LAUNCH VEHICLE TECHNOLOGIES.
(a) Findings.--The Congress finds the following:
(1) The United States has joined with other nations in the
Missile Technology Control Regime (MTCR), which restricts the
transfer of missiles or equipment or technology that could
contribute to the design, development, or production of missiles
capable of delivering weapons of mass destruction.
(2) Missile technology is indistinguishable from, and
interchangeable with, space launch vehicle technology.
(3) Transfers of missile technology or space launch vehicle
technology cannot be safeguarded in a manner that would provide
timely warning of diversion for military purposes.
(4) It has been United States policy since agreeing to the
guidelines of the Missile Technology Control Regime to treat the
sale or transfer of space launch vehicle technology as restrictively
as the sale or transfer of missile technology.
(5) Previous congressional action on missile proliferation,
notably title XVII of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1738), has
explicitly supported the policy described in paragraph (4) through
such actions as the statutory definition of the term ``missile'' to
mean ``a category I system as defined in the MTCR Annex, and any
other unmanned delivery system of similar capability, as well as the
specially designed production facilities for these systems''.
(6) There is strong evidence that emerging national space launch
programs in the Third World are not economically viable.
(7) The United States has been successful in dissuading other
countries from pursuing space launch vehicle programs in part by
offering to cooperate with those countries in other areas of space
science and technology.
(8) The United States has successfully dissuaded other MTCR
adherents, and countries who have agreed to abide by MTCR
guidelines, from providing assistance to emerging national space
launch programs in the Third World.
(b) Strict Interpretation o
2000
f MTCR.--The Congress supports the strict
interpretation by the United States of the Missile Technology Control
Regime concerning--
(1) the inability to distinguish space launch vehicle technology
from missile technology under the regime; and
(2) the inability to safeguard space launch vehicle technology
in a manner that would provide timely warning of the diversion of
such technology to military purposes.
(c) Sense of Congress.--It is the sense of Congress that the United
States Government and the governments of other nations adhering to the
Missile Technology Control Regime should be recognized by the
international community for--
(1) the success of those governments in restricting the export
of space launch vehicle technology and of missile technology; and
(2) the significant contribution made by the imposition of such
restrictions to reducing the proliferation of missile technology
capable of being used to deliver weapons of mass destruction.
(d) Definition.--For purposes of this section, the term ``Missile
Technology Control Regime'' or ``MTCR'' means the policy statement,
between the United States, the United Kingdom, the Federal Republic of
Germany, France, Italy, Canada, and Japan, announced on April 16, 1987,
to restrict sensitive missile-relevant transfers based on the MTCR
Annex, and any amendments thereto.
TITLE XVII--CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE
SEC. 1701. CONDUCT OF THE CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.
(a) General.--The Secretary of Defense shall carry out the chemical
and biological defense program of the United States in accordance with
the provisions of this section.
(b) Management and Oversight.--In carrying out his responsibilities
under this section, the Secretary of Defense shall do the following:
(1) Assign responsibility for overall coordination and
integration of the chemical and biological warfare defense program
and the chemical and biological medical defense program to a single
office within the Office of the Secretary of Defense.
(2) Take those actions necessary to ensure close and continuous
coordination between (A) the chemical and biological warfare defense
program, and (B) the chemical and biological medical defense
program.
(3) Exercise oversight over the chemical and biological defense
program through the Defense Acquisition Board process.
(c) Coordination of the Program.--The Secretary of Defense shall
designate the Army as executive agent for the Department of Defense to
coordinate and integrate research, development, test, and evaluation,
and acquisition, requirements of the military departments for chemical
and biological warfare defense programs of the Department of Defense.
(d) Funding.--(1) The budget for the Department of Defense for each
fiscal year after fiscal year 1994 shall reflect a coordinated and
integrated chemical and biological defense program for the military
departments.
(2) Funding requests for the program shall be set forth in the
budget of the Department of Defense for each fiscal year as a separate
account, with a single program element for each of the categories of
research, development, test, and evaluation, acquisition, and military
construction. Amounts for military construction projects may be set
forth in the annual military construction budget. Funds for military
construction for the program in the military construction budget shall
be set forth separately from other funds for military construction
projects. Funding requests for the program may not be included in the
budget accounts of the military departments.
(3) All funding requirements for the chemical and biological defense
program shall be reviewed by the Secretary of the Army as executive
agent pursuant to subsection (c).
(e) Management Review and Report.--(1) The Secretary of Defense
shall conduct a review of the management structure of the Department of
Defense chemical and biological warfare defense program, including--
(A) research, development, test, and evaluation;
(B) procurement;
(C) doctrine development;
(D) policy;
(E) training;
(F) development of requirements;
(G) readiness; and
(H) risk assessment.
(2) Not later than May 1, 1994, the Secretary shall submit to
Congress a report that describes the details of measures being taken to
improve joint coordination and oversight of the program and ensure a
coherent and effective approach to its management.
SEC. 1702. CONSOLIDATION OF CHEMICAL AND BIOLOGICAL DEFENSE TRAINING
ACTIVITIES.
The Secretary of Defense shall consolidate all chemical and
biological warfare defense training activities of the Department of
Defense at the United States Army Chemical School.
SEC. 1703. ANNUAL REPORT ON CHEMICAL AND BIOLOGICAL WARFARE DEFENSE.
(a) Report Required.--The Secretary of Defense shall include in the
annual report of the Secretary under section 113(c) of title 10, United
States Code, a report on chemical and biological warfare defense. The
report shall assess--
(1) the overall readiness of the Armed Forces to fight in a
chemical-biological warfare environment and shall describe steps
taken and planned to be taken to improve such readiness; and
(2) requirements for the chemical and biological warfare defense
program, including requirements for training, detection, and
protective equipment, for medical prophylaxis, and for treatment of
casualties resulting from use of chemical or biological weapons.
(b) Matters To Be Included.--The report shall include information on
the following:
(1) The quantities, characteristics, and capabilities of fielded
chemical and biological defense equipment to meet wartime and
peacetime requirements for support of the Armed Forces, including
individual protective items.
(2) The status of research and development programs, and
acquisition programs, for required improvements in chemical and
biological defense equipment and medical treatment, including an
assessment of the ability of the Department of Defense and the
industrial base to meet those requirements.
(3) Measures taken to ensure the integration of requirements for
chemical and biological defense equipment and material among the
Armed Forces.
(4) The status of nuclear, biological, and chemical (NBC)
warfare defense training and readiness among the Armed Forces and
measures being taken to include realistic nuclear, biological, and
chemical warfare simulations in war games, battle simulations, and
training exercises.
(5) Measures taken to improve overall management and
coordination of the chemical and biological defense program.
(6) Problems encountered in the chemical and biological warfare
defense program during the past year and recommended solutions to
those problems for which additional resources or actions by the
Congress are required.
(7) A description of the chemical warfare defense preparations
that have been and are being undertaken by the Department of Defense
to address needs which may arise under article X of the Chemical
Weapons Convention.
(8) A summary of other preparations undertaken by the Department
of Defense and the On-Site Inspection Agency to prepare for and to
assist in the implementation of the convention, including activities
such as training for inspectors, preparation of defense
installations for inspections under the convention using the Defense
Treaty Inspection Readiness Program, provision of chemical weapons
detection equipment, and assistance in the safe transportation,
storage, and destruction of chemical weapons in other signatory
nations to the convention.
SEC. 1704. SENSE OF CONGRESS CONCERNING FEDERAL EMERGENCY PLANNING FOR
RESPONSE TO TERRORIST THREATS.
It is the sense of Congress that the Presiden
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t should strengthen
Federal interagency emergency planning by the Federal Emergency
Management Agency and other appropriate Federal, State, and local
agencies for development of a capability for early detection and warning
of and response to--
(1) potential terrorist use of chemical or biological agents or
weapons; and
(2) emergencies or natural disasters involving industrial
chemicals or the widespread outbreak of disease.
SEC. 1705. AGREEMENTS TO PROVIDE SUPPORT TO VACCINATION PROGRAMS OF
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(a) Agreements Authorized.--The Secretary of Defense may enter into
agreements with the Secretary of Health and Human Services to provide
support for vaccination programs of the Secretary of Health and Human
Services in the United States through use of the excess peacetime
biological weapons defense capability of the Department of Defense.
(b) Report.--Not later than February 1, 1994, the Secretary of
Defense shall submit to the congressional defense committees a report on
the feasibility of providing Department of Defense support for
vaccination programs under subsection (a) and shall identify resource
requirements that are not within the Department's capability.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1994''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
---------------------------------------------------------------------------
Army: Inside the United States
<!!> State Installation or location Amount <!!>
<!!> Alabama....................... Fort Rucker................... $42,650,000 ...............................
<!!> Alaska........................ Fort Wainwright............... $740,000 ...............................
<!!> Fort Richardson............... $10,000,000 ...............................
<!!> Arizona....................... Fort Huachuca................. $8,850,000 ...............................
<!!> California.................... Fort Irwin.................... $5,900,000 ...............................
<!!> Colorado...................... Fort Carson................... $4,050,000 ...............................
<!!> Fitzsimons Medical Center..... $4,400,000 ...............................
<!!> Georgia....................... Fort Benning.................. $37,650,000 ...............................
<!!> Fort Stewart.................. $20,300,000 ...............................
<!!> Fort Gillem................... $2,600,000 ...............................
<!!> Hawaii........................ Schofield Barracks............ $18,600,000 ...............................
<!!> Kansas........................ Fort Riley.................... $14,642,000 ...............................
<!!> Kentucky...................... Fort Campbell................. $40,300,000 ...............................
<!!> Fort Knox..................... $41,350,000 ...............................
<!!> Maryland...................... Aberdeen Proving Ground....... $21,700,000 ...............................
<!!> Missouri...................... Fort Leonard Wood............. $1,000,000 ...............................
<!!> Nevada........................ Hawthorne Army Ammunition ...............................
Plant......................... $11,700,000
<!!> New Jersey.................... Fort Monmouth................. $7,500,000 ...............................
<!!> Picatinny Arsenal............. $10,500,000 ...............................
<!!> New Mexico.................... White Sands Missile Range..... $6,200,000 ...............................
2000
<!!> New York...................... Fort Drum..................... $2,950,000 ...............................
<!!> United States Military ...............................
Academy, West Point........... $13,800,000
<!!> North Carolina................ Fort Bragg.................... $118,690,000 ...............................
<!!> Oklahoma...................... Fort Sill..................... $27,000,000 ...............................
<!!> Pennsylvania.................. Tobyhanna Army Depot.......... $750,000 ...............................
<!!> South Carolina................ Fort Jackson.................. $2,700,000 ...............................
<!!> Texas......................... Fort Bliss.................... $29,600,000 ...............................
<!!> Fort Hood..................... $56,500,000 ...............................
<!!> Fort Sam Houston.............. $5,651,000 ...............................
<!!> Utah.......................... Dugway Proving Ground......... $16,500,000 ...............................
<!!> Tooele Army Depot............. $1,500,000 ...............................
<!!> Virginia...................... Fort Belvoir.................. $8,860,000 ...............................
<!!> Fort Lee...................... $32,600,000 ...............................
<!!> Fort Myer..................... $6,800,000 ...............................
<!!> Washington.................... Fort Lewis.................... $14,200,000 ...............................
<!!> CONUS Various................. Classified Locations.......... $1,852,000 <!!>
<!!>
----------------------------------------------------------------------------------
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(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 military
construction projects for the location outside the United States, and in
the amount, set forth in the following table:
---------------------------------------------------------------------------
Army: Outside the United States
<!!> Country Installation or location Amount <!!>
<!!> Kwajalein Atoll............... Kwajalein..................... $21,200,000 ...............................
<!!>
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SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army 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:
---------------------------------------------------------------------------
Army: Family Housing
<!!> State Installation Purpose Amount <!!>
<!!> <!!>California......... <!!>Fort Irwin......... <!!>220 units.......... $25,000,000 ......................
<!!> <!!>Hawaii............. <!!>Schofield Barracks. <!!>348 units.......... $52,000,000 ......................
<!!>
2000
<!!>Maryland........... <!!>Fort Meade......... <!!>275 units.......... $26,000,000 ......................
<!!> <!!>Nevada............. <!!>Hawthorne Army $500,000 ......................
Ammunition Plant...... <!!>Demolition.........
<!!> <!!>New York........... <!!>U.S. Military $15,000,000 ......................
Academy, West Point... <!!>100 units..........
<!!> <!!>North Carolina..... <!!>Fort Bragg......... <!!>224 units.......... $18,000,000 ......................
<!!> <!!>Wisconsin.......... <!!>Fort McCoy......... <!!>16 units........... $2,950,000 ......................
<!!>
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(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(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
$11,805,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing in an amount not to exceed $77,630,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1993, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $2,378,919,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $650,585,000.
(2) For military construction projects outside the United States
authorized by section 2101(b), $21,200,000.
(3) For the construction of the Chemical Demilitarization
Facility, Anniston Army Depot, Alabama, authorized in section
2101(a) of the Military Construction Authorization Act for Fiscal
Year 1991 (division B of Public Law 101-510; 104 Stat. 1758),
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1508),
and section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2586), $95,300,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$109,441,000.
(6) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $228,885,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), $1,110,108,000 of which not more than $268,139,000 may be
obligated or expended for the leasing of military family housing
worldwide.
(7) For the Homeowners Assistance Program as authorized by
section 2832 of title 10, United States Code, $151,400,000, to
remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN PROJECTS.
(a) Fiscal Year 1993 Construction Project.--(1) The table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102-484; 106 Stat. 2587) is amended by
striking out the item relating to Tooele Army Depot, Utah.
(2) Section 2105(a) of such Act (106 Stat. 2588) is amended--
(A) by striking out ``$2,127,397,000'' and inserting in lieu
thereof ``$2,118,197,000''; and
(B) in paragraph (1), by striking out ``$338,860,000'' and
inserting in lieu thereof ``$329,660,000''.
(b) Fiscal Year 1992 Construction Projects.--(1) Section 2101(a) of
the Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1508) is amended--
(A) under the heading ``new york'', by striking out the item
relating to Seneca Army Depot; and
(B) under the heading ``virginia'', by striking out the item
relating to Vint Hill Farms Station.
(2) Section 2105(a) of such Act (105 Stat. 1511) is amended--
(A) by striking out ``$2,576,674,000'' and inserting in lieu
thereof ``$2,571,974,000''; and
(B) in paragraph (1), by striking out ``$718,829,000'' and
inserting in lieu thereof ``$714,129,000''.
SEC. 2106. CONSTRUCTION OF CHEMICAL MUNITIONS DISPOSAL FACILITIES.
(a) Limitation on Construction.--None of the amounts appropriated
pursuant to the authorization of appropriations in section 2104(a) may
be obligated for the construction of a new chemical munitions disposal
facility at Anniston Army Depot, Alabama, until the Secretary of Defense
submits a certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a) is
a certification submitted by the Secretary of Defense to Congress that--
(1) the Johnston Atoll Chemical Agent Disposal System has
operated successfully for a period of six months, has met all
required environmental and safety standards, and has proven to be
operationally effective; and
(2) if the Secretary of the Army awards a construction contract
for the chemical munitions disposal facility at Anniston Army Depot,
Alabama, the Secretary of the Army will schedule the award of a
construction contract for a chemical munitions disposal facility at
another non-low-volume chemical weapons storage site in the
continental United States during the same 12-month period in which
the construction contract for the facility at the Anniston Army
Depot is awarded.
TITLE XXII--NAVY
SEC. 2201. AUTHOR
2000
IZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
---------------------------------------------------------------------------
Navy: Inside the United States
<!!> State Installation or location Amount <!!>
<!!> California.................... Barstow Marine Corps Logistics ...............................
<!!> Camp Pendleton Marine Corps ...............................
Air Station................... $3,850,000
<!!> Camp Pendleton Marine Corps ...............................
Base.......................... $11,130,000
<!!> Fallbrook Naval Weapons ...............................
Station Annex................. $4,630,000
<!!> Lemoore Naval Air Station..... $1,930,000 ...............................
<!!> San Diego Naval Hospital...... $2,700,000 ...............................
<!!> San Diego Fleet Industrial ...............................
Supply Center................. $2,270,000
<!!> San Diego Marine Corps Recruit ...............................
Depot......................... $1,130,000
<!!> Twentynine Palms, Marine Corps ...............................
Air-Ground Combat Center...... $7,900,000
<!!> Connecticut................... New London Naval Submarine ...............................
Base.......................... $40,940,000
<!!> District of Columbia.......... Washington, Commandant, Naval ...............................
District...................... $3,110,000
<!!> Naval Research Laboratory..... $2,380,000 ...............................
<!!> Florida....................... Jacksonville Naval Air Station $14,420,000 ...............................
<!!> Mayport Naval Station......... $3,260,000 ...............................
<!!> Pensacola Naval Air Station... $6,420,000 ...............................
<!!> Georgia....................... Albany Marine Corps Logistics ...............................
Base.......................... $940,000
<!!> Kings Bay Naval Submarine Base $10,920,000 ...............................
<!!> Kings Bay Trident Training ...............................
Facility...................... $3,870,000
<!!> Hawaii........................ Barbers Point Naval Air ...............................
Station....................... $2,700,000
<!!> Honolulu, Naval Communications ...............................
and Telecommunications Area
Master Station, Eastern
Pacific....................... $9,120,000
<!!> Pearl Harbor Naval Inactive ...............................
Ship Maintenance Facility..... $2,620,000
<!!> Pearl Harbor Naval Submarine ...............................
Base.......................... $54,140,000
<!!> Pearl
2000
Harbor Public Works ...............................
Center........................ $27,540,000
<!!> Pearl Harbor, Commander, ...............................
Oceanographic System Pacific,
Berthing Pier................. $16,780,000
<!!> Indiana....................... Crane Naval Surface Warfare ...............................
Center........................ $9,600,000
<!!> Maine......................... Kittery Portsmouth Naval ...............................
Shipyard...................... $4,780,000
<!!> Maryland...................... Bethesda National Naval ...............................
Medical Center................ $3,090,000
<!!> Indian Head, Naval Surface ...............................
Weapons Center................ $3,400,000
<!!> Patuxent River Naval Air ...............................
Warfare Center................ $9,300,000
<!!> Mississippi................... Gulfport Naval Construction ...............................
Battalion Center.............. $4,400,000
<!!> Nevada........................ Fallon Naval Air Station...... $1,600,000 ...............................
<!!> New Jersey.................... Earle Naval Weapons Station... $2,580,000 ...............................
<!!> North Carolina................ Camp Lejeune Marine Corps Base $41,290,000 ...............................
<!!> Camp Lejeune Naval Hospital... $2,370,000 ...............................
<!!> Cherry Point Marine Corps Air ...............................
Station....................... $7,500,000
<!!> Pennsylvania.................. Philadelphia Aviation Supply ...............................
Office........................ $1,900,000
<!!> Philadelphia Naval Inactive ...............................
Ship Maintenance Facility..... $8,660,000
<!!> Philadelphia Naval Shipyard... $13,500,000 ...............................
<!!> Rhode Island.................. Newport Naval Education and ...............................
Training Center............... $11,300,000
<!!> South Carolina................ Beaufort Marine Corps Air ...............................
Station....................... $10,900,000
<!!> Charleston Naval Weapons ...............................
Station....................... $580,000
<!!> Tennessee..................... Memphis Naval Air Station..... $1,450,000 ...............................
<!!> Texas......................... Corpus Christi Naval Air ...............................
Station....................... $1,670,000
<!!> Virginia...................... Chesapeake, Marine Corps ...............................
2000
Security Battalion............ $5,380,000
<!!> Craney Island Fleet and ...............................
Industrial Supply Center Annex $11,740,000
<!!> Norfolk, Commander, ...............................
Operational Test and
Evaluation Force.............. $8,100,000
<!!> Norfolk Naval Air Station..... $12,270,000 ...............................
<!!> Norfolk Public Works Center... $5,330,000 ...............................
<!!> Oceana Naval Air Station...... $7,100,000 ...............................
<!!> Portsmouth, Norfolk Naval ...............................
Shipyard...................... $13,420,000
<!!> Quantico, Combat Development ...............................
Command....................... $7,450,000
<!!> Wallops Island, Naval Surface ...............................
Weapons Center Detachment..... $10,170,000
<!!> Washington.................... Bangor Naval Submarine Base... $3,100,000 ...............................
<!!> Everett Naval Station......... $34,000,000 ...............................
<!!> Keyport, Naval Undersea ...............................
Warfare Center Division....... $8,980,000
<!!> Various Locations............. Wastewater Collection and ...............................
Treatment Facilities.......... $3,260,000
<!!> Land Acquisition.............. $540,000 ...............................
<!!>
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(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 military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
---------------------------------------------------------------------------
Navy: Outside the United States
Country Installation or location Amount
Guam...................... Naval Hospital........... $2,460,000
<!!> Anderson Air Force Base
Naval Air Facility....... $7,310,000
<!!> Naval Station............ $14,520,000
<!!> Fleet/Industrial Supply
Center................... $21,200,000
<!!> Public Works Center...... $7,230,000
<!!> Italy..................... Naples Naval Support $11,740,000
Activity.
<!!> Sigonella Naval Air $3,460,000
Station.
<!!> Spain..................... Rota Naval Station....... $2,670,000
<!!> Various Locations......... Host Nation
Infrastructure Support... $2,960,000
<!!> Land Acquisition......... $800,000
<
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SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
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 installations, for the
purposes, and in the amounts set forth in the following table:
---------------------------------------------------------------------------
2000
Navy: Family Housing
<!!> State Installation Purpose Amount <!!>
<!!> California............. San Diego Navy Public $36,571,000
<!!> District of Columbia... Washington Navy Public $21,556,000
Works Center.......... 188 units..............
<!!> Florida................ Pensacola Navy Public
Works Center.......... Housing Self Help/
Warehouse............. $300,000
<!!> Georgia................ Kings Bay Naval
Submarine Base........ Housing Office/Self
Help/Warehouse........ $790,000
<!!> Maine.................. Brunswick Naval Air
Station............... Mobile Home Spaces..... $490,000
<!!> Virginia............... Norfolk, Naval Public $50,674,000
Works Center/Naval
Amphibious Base Little
Creek................. 392 units..............
<!!> Oceana Naval Air
Station............... Community Center....... $860,000
<!!> Washington............. Bangor Naval Submarine $27,438,000
Base.................. 290 units..............
<!!> Whidbey Island, Naval $10,000,000
Air Station........... 106 units..............
<!!> United Kingdom......... London Naval Activities $15,470,000
Support............... 81 units...............
<!!>
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(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 housing units in an amount not to exceed
$22,924,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in the amount of $183,135,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1993, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $1,858,505,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $514,100,000.
(2) For military construction projects outside the United States
authorized by section 2201(b), $74,350,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $5,500,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$64,373,000.
(5) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $370,208,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$819,974,000, of which not more than $113,308,000 may be
obligated or expended for the leasing of military family housing
units worldwide.
(6) For the construction of the large anachoic chamber facility
at the Patuxent River Naval Warfare Center, Aircraft Division,
Maryland, authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2590), $10,000,000.
(b) Lim
2000
itation 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 authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN PROJECTS.
(a) Fiscal Year 1993 Construction and Family Housing Projects.--(1)
The table in section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2589) is amended by striking out the items relating to the following
installations:
(A) Mare Island Naval Shipyard, California.
(B) Miramar Naval Air Station, California.
(C) Cecil Field, Naval Air Station, Florida.
(D) Memphis, Naval Air Station, Tennessee.
(2) Section 2204(a) of such Act (106 Stat. 2592) is amended--
(A) by striking out ``$1,450,529,000'' and inserting in lieu
thereof ``$1,411,616,000'';
(B) in paragraph (1), by striking out ``$312,557,000'' and
inserting in lieu thereof ``$274,897,000''; and
(C) in paragraph (5)(B), by striking out ``$661,246,000'' and
inserting in lieu thereof ``$659,993,000''.
(b) Fiscal Year 1992 Construction Projects.--(1) Section 2201(a) of
the Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1514) is amended--
(A) under the heading ``alaska'', by striking out the item
relating to Adak, Naval Security Group Activity;
(B) under the heading ``california''--
(i) by striking out the item relating to Concord, Naval
Weapons Station; and
(ii) by striking out the item relating to Vallejo, Mare
Island Naval Shipyard;
(C) under the heading ``district of columbia'', in the item
relating to Commandant Naval District Washington, by striking out
``$5,570,000'' and inserting in lieu thereof ``$3,520,000'';
(D) under the heading ``florida''--
(i) in the item relating to Orlando, Naval Training Center,
by striking out ``$21,430,000'' and inserting in lieu thereof
``$13,450,000''; and
(ii) by striking out the item relating to Pensacola, Naval
Supply Center;
(E) under the heading ``georgia'', in the item relating to Kings
Bay, Naval Submarine Base, by striking out ``$9,780,000'' and
inserting in lieu thereof ``$580,000'';
(F) under the heading ``maryland'', in the item relating to
Annapolis, Naval Radio Transmitting Facility, by striking out
``$5,220,000'' and inserting in lieu thereof ``$2,820,000'';
(G) under the heading ``south carolina'', by striking out the
item relating to Charleston, Fleet and Mine Warfare Training Center;
(H) under the heading ``virginia'', by striking out the item
relating to Norfolk, Naval Station; and
(I) under the heading ``washington'', in the item relating to
Whidbey Island, Naval Air Station, by striking out ``$6,800,000''
and inserting in lieu thereof ``$3,451,000''.
(2) Section 2205(a) of such Act (105 Stat. 1518) is amended--
(A) by striking out ``$1,832,149,000'' and inserting in lieu
thereof ``$1,759,990,000''; and
(B) in paragraph (1), by striking out ``$739,859,000'' and
inserting in lieu thereof ``$667,700,000''.
(c) Fiscal Year 1991 Construction and Family Housing Projects.--(1)
Section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1763) is
amended--
(A) under the heading ``alaska'', in the item relating to
Amchitka, Fleet Surveillance Support Command, by striking out
``$31,000,000'' and inserting in lieu thereof ``$25,344,000'';
(B) under the heading ``California'', by striking out the item
relating to Point Mugu, Pacific Missile Test Center;
(C) under the heading ``Florida'', in the item relating to Key
West Naval Air Station, by striking out ``$7,030,000'' and inserting
in lieu thereof ``$4,020,000''; and
(D) under the heading ``Virginia'', by striking out the item
relating to Oceana, Naval Air Station.
(2) Section 2202(a) of such Act (104 Stat. 1767) is amended by
striking out the item relating to Long Beach, Naval Station, California.
(3) Section 2205(a) of such Act (104 Stat. 1767), as amended by
section 2209(a)(2) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1520), is
amended--
(A) by striking out ``$1,954,513,000'' and inserting in lieu
thereof ``$1,915,179,000'';
(B) in paragraph (1), by striking out ``$900,092,000'' and
inserting in lieu thereof ``$885,686,000''; and
(C) in paragraph (7)(A), by striking out ``$174,827,000'' and
inserting in lieu thereof ``$149,899,000''.
(d) Fiscal Year 1990 Construction and Family Housing Projects;
Defense Access Roads.--(1) Section 2201(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B of Public
Law 101-189; 103 Stat. 1621) is amended under the heading ``new york'',
in the item relating to New York, Naval Station, by striking out
``$25,640,000'' and inserting in lieu thereof ``$20,978,000''.
(2) Section 2202(a) of such Act (103 Stat. 1626) is amended by
striking out the item relating to El Toro, Marine Corps Air Station,
California.
(3) Section 2204(a) of the Military Construction Authorization Act
for Fiscal Years 1990 and 1991 (103 Stat. 1627), as amended by section
2209(b)(3) of the Military Construction Authorization Act for Fiscal
Year 1992 (division B of Public Law 102-190; 105 Stat. 1521), is
amended--
(A) by striking out ``$1,939,375,000'' and inserting in lieu
thereof ``$1,917,613,000'';
(B) in paragraph (1), by striking out ``$892,561,000'' and
inserting in lieu thereof ``$883,237,000'';
(C) in paragraph (5), by striking out ``$5,810,000'' and
inserting in lieu thereof ``$2,810,000''; and
(D) in paragraph (6)(A), by striking out ``$191,290,000'' and
inserting in lieu thereof ``$177,190,000''.
(e) Fiscal Year 1989 Project.--(1) Section 2202(a) of the Military
Construction Authorization Act, 1989 (division B of Public Law 100-456;
102 Stat. 2098), is amended in the item relating to Naval Station, Long
Beach, California, by striking out ``$26,110,000'' and inserting in lieu
thereof ``$17,038,000''.
(2) Section 2205(a) of such Act (102 Stat. 2099), as amended by
section 2206(b) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2593), is
amended--
(A) by striking out ``$2,361,555,000'' and inserting in lieu
thereof ``$2,352,483,000'';
(B) in paragraph (6)(A), by striking out ``$250,770,000'' and
inserting in lieu thereof ``$241,698,000''.
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 Installation or location Amount
Alabama................... Gun
2000
ter Air Force Base $4,680,000
Annex.
Maxwell Air Force Base.... $16,170,000
Alaska.................... Eielson Air Force Base.... $13,300,000
Elmendorf Air Force Base.. $33,305,000
Cape Roman Air Force $3,350,000
Station.
Fort Richardson........... $5,500,000
Arizona................... Davis Monthan Air Force $6,150,000
Base.
Luke Air Force Base....... $12,750,000
Navajo Army Depot......... $7,250,000
Arkansas.................. Little Rock Air Force Base $4,500,000
California................ Beale Air Force Base...... $3,150,000
Edwards Air Force Base.... $11,300,000
McClellan Air Force Base.. $10,200,000
Travis Air Force Base..... $19,140,000
Vandenberg Air Force Base. $20,728,000
Colorado.................. Buckley Air National Guard $39,000,000
Base.
<!!> Cheyenne Mountain Air
Force Base............... $4,450,000
<!!> Peterson Air Force Base... $21,030,000
United States Air Force $11,680,000
Academy.
Delaware.................. Dover Air Force Base...... $7,760,000
District of Columbia...... Bolling Air Force Base.... $2,000,000
Florida................... Cape Canaveral Air Force $19,200,000
Station.
Eglin Air Force Base...... $12,050,000
Eglin Auxiliary Field No. $7,829,000
9.
<!!> Patrick Air Force Base.... $3,850,000
<!!> Tyndall Air Force Base.... $2,600,000
Georgia................... Moody Air Force Base...... $13,700,000
<!!> Robins Air Force Base..... $43,370,000
Hawaii.................... Hickam Air Force Base..... $13,800,000
<!!> Kaena Point............... $7,350,000
Illinois.................. Scott Air Force Base...... $7,450,000
Kansas.................... McConnell Air Force Base.. $1,900,000
Louisiana................. Barksdale Air Force Base.. $13,860,000
Maryland.................. Andrews Air Force Base.... $17,990,000
Mississippi............... Columbus Air Force Base... $2,900,000
<!!> Keesler Air Force Base.... $8,710,000
Missouri.................. Whiteman Air Force Base... $36,388,000
Montana................... Malmstrom Air Force Base.. $7,700,000
Nebraska.................. Offutt Air Force Base..... $11,000,000
Nevada.................... Nellis Air Force Base..... $10,100,000
New Mexico................ Cannon Air Force Base..... $11,915,000
2000
Holloman Air Force Base... $11,100,000
<!!> Kirtland Air Force Base... $35,061,000
North Carolina............ Pope Air Force Base....... $8,600,000
Seymour Johnson Air Force $5,380,000
Base.
North Dakota.............. Grand Forks Air Force Base $16,050,000
Minot Air Force Base...... $10,500,000
Ohio...................... Wright-Patterson Air Force $44,680,000
Base.
Oklahoma.................. Altus Air Force Base...... $7,710,000
Tinker Air Force Base..... $20,749,000
Vance Air Force Base...... $11,000,000
South Carolina............ Charleston Air Force Base. $1,100,000
Shaw Air Force Base....... $5,870,000
South Dakota.............. Ellsworth Air Force Base.. $6,830,000
Tennessee................. Arnold Air Force Base..... $1,500,000
Texas..................... Brooks Air Force Base..... $8,400,000
Dyess Air Force Base...... $15,590,000
Goodfellow Air Force Base. $3,700,000
Kelly Air Force Base...... $27,481,000
Lackland Air Force Base... $30,093,000
Laughlin Air Force Base... $8,650,000
Randolph Air Force Base... $5,300,000
Reese Air Force Base...... $900,000
Sheppard Air Force Base... $18,030,000
Utah...................... Hill Air Force Base....... $14,580,000
Virginia.................. Langley Air Force Base.... $12,450,000
Washington................ Fairchild Air Force Base.. $3,500,000
McChord Air Force Base.... $10,900,000
Wyoming................... F.E. Warren Air Force Base $12,640,000
Various Locations......... Classified................ $8,140,000
<
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(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
military 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 Installation or location Amount
Antigua Island............ Antigua Air Station....... $1,000,000
Ascension Island.......... Ascension Auxiliary Air $3,400,000
Field.
Germany................... Ramstein Air Base......... $3,100,000
Greenland................. Thule Air Base............ $5,492,000
Indian Ocean.............. Diego Garcia Air Base..... $2,260,000
Turkey.................... Incirlik Air Base......... $2,400,000
United Kingdom............ RAF Mildenhall............ $4,800,000
2000
<
!
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SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(8)(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 or Country Installation Purpose Amount <!!>
<!!> Alabama................ Maxwell Air Force Base. 55 units............... $4,080,000
<!!> Arkansas............... Little Rock Air Force
Base.................. Housing Office/
Maintenance Facility.. $980,000
<!!> California............. Vandenberg Air Force $21,907,000
Base.................. 166 units..............
<!!> Florida................ Patrick Air Force Base. 155 units.............. $15,388,000
<!!> Tyndall Air Force Base. Infrastructure......... $5,732,000
<!!> Georgia................ Robins Air Force Base.. 117 units.............. $7,424,000
<!!> Louisiana.............. Barksdale Air Force $8,578,000
Base.................. 118 units..............
<!!> Massachusetts.......... Hanscom Air Force Base. 48 units............... $5,135,000
<!!> Montana................ Malmstrom Air Force $581,000
Base.................. Housing Office.........
<!!> Texas.................. Dyess Air Force Base... Housing Maintenance
Facility.............. $281,000
<!!> Lackland Air Force Base 111 units.............. $8,770,000
<!!> Virginia............... Langley Air Force Base. Housing Office......... $452,000
<!!> Washington............. Fairchild Air Force $184,000
Base.................. 1 unit.................
<!!> Wyoming................ F.E. Warren Air Force $10,572,000
Base.................. 104 units..............
<!!>
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---------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(8)(A), the Secretary
of the Air Force may carry out architectural 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
$11,901,000.
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 appropriations in
section 2304(a)(8)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$75,070,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1993, for military
construction, land acquisition, and military family hous
2000
ing functions of
the Department of the Air Force in the total amount of $2,040,031,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $877,539,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $22,452,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $6,844,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$63,180,000.
(5) For advances to the Secretary of Transportation for
construction of defense access roads under section 210 of title 23,
United States Code, $7,150,000.
(6) For the balance of the amount authorized under section
2301(a) of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2594) for the
construction of the climatic test chamber at Eglin Air Force Base,
Florida, $37,000,000.
(7) For phase II of the relocation and construction of up to
1,068 family housing units at Scott Air Force Base, Illinois,
authorized by section 2302(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2596), $10,000,000.
(8) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $177,035,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$838,831,000 of which not more than $118,266,000 may be
obligated or expended for leasing of military family housing
units worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized 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).
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN PROJECTS.
(a) Fiscal Year 1993 Construction and Family Housing Projects.--(1)
The table in section 2302(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2595) is amended by striking out the item relating to March Air Force
Base, California.
(2) Section 2303 of such Act (106 Stat. 2596) is amended by striking
out ``$150,000,000'' and inserting in lieu thereof ``$139,649,000''.
(3) Section 2304(a) of such Act (106 Stat. 2596) is amended--
(A) by striking out ``$2,062,707,000'' and inserting in lieu
thereof ``$2,014,005,000''; and
(B) in paragraph (5)(A), by striking out ``$283,786,000'' and
inserting in lieu thereof ``$235,084,000''.
(b) Fiscal Year 1992 Construction and Family Housing Projects.--(1)
Section 2301(a) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1521) is
amended--
(A) under the heading ``florida'', by striking out the item
relating to Homestead Air Force Base; and
(B) under the heading ``new york''--
(i) in the item relating to Griffiss Air Force Base, by
striking out ``$2,700,000'' and inserting in lieu thereof
``$1,200,000''; and
(ii) in the item relating to Plattsburgh Air Force Base, by
striking out ``$9,040,000'' and inserting in lieu thereof
``$960,000.''.
(2) Section 2303 of such Act (105 Stat. 1525) is amended by striking
out ``$141,236,000'' and inserting in lieu thereof ``$134,836,000''.
(3) Section 2305(a) of such Act (105 Stat. 1525), as amended by
section 2308(a)(2) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2598), is
amended--
(A) by striking out ``$2,054,713,000'' and inserting in lieu
thereof ``$2,033,833,000'';
(B) in paragraph (1), by striking out ``$744,380,000'' and
inserting in lieu thereof ``$729,900,000''; and
(C) in paragraph (8)(A), by striking out ``$161,538,000'' and
inserting in lieu thereof ``$155,138,000''.
(c) Fiscal Year 1991 Construction Projects.--(1) Section 2301(a) of
the Military Construction Authorization Act for Fiscal Year 1991
(division B of Public Law 101-510; 104 Stat. 1769) is amended--
(A) under the heading ``california'', by striking out the item
relating to March Air Force Base;
(B) under the heading ``florida''--
(i) by striking out the item relating to Avon Park Range;
and
(ii) in the item relating to Homestead Air Force Base, by
striking out ``$7,900,000'' and inserting in lieu thereof
``$2,400,000'';
(C) under the heading ``idaho'', by striking out the item
relating to Mountain Home Air Force Base;
(D) under the heading ``maine'', by striking out the item
relating to Bangor Air National Guard Base; and
(E) under the heading ``new york'', by striking out the item
relating to Griffiss Air Force Base.
(2) Section 2304(a) of such Act (104 Stat. 1773), as amended by
section 2308(b)(3) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2598) and
section 2310(a)(2) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1527), is
amended--
(A) by striking out ``$1,905,075,000'' and inserting in lieu
thereof ``$1,891,005,000''; and
(B) in paragraph (1), by striking out ``$724,855,000'' and
inserting in lieu thereof ``$710,785,000''.
(d) Fiscal Year 1990 Construction Projects.--(1) Section 2301(a) of
the Military Construction Authorization Act for Fiscal Years 1990 and
1991 (division B of Public Law 101-189; 103 Stat. 1630) is amended--
(A) under the heading ``florida'', by striking out the item
relating to Homestead Air Force Base; and
(B) under the heading ``ohio'', in the item relating to Newark
Air Force Base, by striking out ``$2,980,000'' and inserting in lieu
thereof ``$2,300,000''.
(2) Section 2304(a) of such Act (103 Stat. 1636), as amended by
section 2310(b)(2) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1528) and
section 2306(b) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1774) is
amended--
(A) by striking out ``the total amount'' and all that follows
through ``as follows:'' and inserting in lieu thereof ``the total
amount of $2,057,118,000, as follows:''; and
(B) in paragraph (1), by striking out ``section 2301(a)'' and
all that follows through the period and inserting in lieu thereof
``section 2301(a), $809,316,000''.
SEC. 2306. RELOCATION OF AIR FORCE ACTIVITIES FROM SIERRA ARMY DEPOT,
CALIFORNIA, TO BEALE AIR FORCE BASE, CALIFORNIA.
(a) Student Dormitory.--Section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 1991 (division B of Public Law 101-
510; 104 Stat. 1769) is amended in the matter under the heading
``california''--
(1) by striking out ``Sierra Army Depot, $3,650,000.''; and
(2) by striking out ``Beale Air Force Base, $6,300,000.'' and
inserting in lieu thereof the following: ``Beale Air Force Base,
$9,950,000.''.
(b) Munition Maintenance Facility.--Section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190; 105 Stat. 1521) is amended in the matter under the
heading ``california''--
(1) by striking out ``Sierra Army Depot, $2,700,000.''; and
(2) by striking out ``Beale Air Fo
2000
rce Base, $2,250,000.'' and
inserting in lieu thereof the following: ``Beale Air Force Base,
$4,950,000.''.
SEC. 2307. COMBAT ARMS TRAINING AND MAINTENANCE FACILITY RELOCATION FROM
WHEELER AIR FORCE BASE, HAWAII, TO UNITED STATES ARMY SCHOFIELD BARRACKS
OPEN RANGE, HAWAII.
Section 2301(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1770) is
amended in the matter under the heading ``hawaii''--
(1) by striking out ``Wheeler Air Force Base, $3,500,000.'' and
inserting in lieu thereof the following: ``Wheeler Air Force Base,
$2,100,000.''; and
(2) by inserting after the item relating to Hickam Air Force
Base the following new item:
``United States Army Schofield Barracks Open Range, $1,400,000.''.
SEC. 2308. AUTHORITY TO TRANSFER FUNDS AS PART OF THE IMPROVEMENT OF
DYSART CHANNEL, LUKE AIR FORCE BASE, ARIZONA.
(a) Transfer Authority.--The Secretary of the Air Force may transfer
to the Flood Control District of Maricopa County, Arizona (in this
section referred to as the ``District''), funds appropriated for fiscal
years beginning after September 30, 1993, for a project, authorized in
section 2301(a), to widen and make other improvements to Dysart Channel.
Such improvements may include the construction of necessary detention
basins and other features that are needed to prevent flooding of Luke
Air Force Base, Arizona.
(b) Use of Funds.--All funds transferred pursuant to subsection (a)
shall be used by the District only for the purpose of conducting the
project described in such subsection.
(c) Conditions on Transfer.--Funds may not be transferred pursuant
to subsection (a) until after the date on which the Secretary and the
District enter into an agreement that addresses cost sharing for the
widening and other improvements to be made to Dysart Channel and such
other matters associated with the project as the Secretary considers to
be appropriate.
(d) Limitation on Air Force Cost Share.--The Air Force share of the
costs of the project described in subsection (a) may not exceed the
lesser of--
(1) 50 percent of the total project cost; or
(2) $6,000,000.
(e) Consideration.--As consideration for the financial assistance
provided pursuant to subsection (a), the District shall convey to the
United States all right, title, and interest of the District in and to
the real property, if any, acquired by the District in widening Dysart
Channel and making the other improvements, such as detention basins as
referred to in subsection (a).
SEC. 2309. AUTHORITY TO TRANSFER FUNDS FOR SCHOOL CONSTRUCTION FOR
LACKLAND AIR FORCE BASE, TEXAS.
(a) Transfer Authority.--Subject to subsection (b), the Secretary of
the Air Force may transfer to the Lackland Independent School District,
Texas, not more than $8,000,000 of the funds appropriated by the
Military Construction Appropriations Act, 1993 (Public Law 102-380; 106
Stat. 1366), pursuant to the authorization of appropriations in section
2304(a)(1) of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2596) for
military construction relating to Lackland Air Force Base, Texas, as
authorized in section 2301(a) of the Military Construction Authorization
Act for Fiscal Year 1993.
(b) Use of Funds.--All funds transferred pursuant to subsection (a)
shall be used by the Lackland Independent School District to pay for the
design and construction of a new secondary school, the renovation of an
elementary school, and the design and construction of a new kindergarten
and special education facility.
SEC. 2310. TRANSFER OF FUNDS FOR CONSTRUCTION OF FAMILY HOUSING, SCOTT
AIR FORCE BASE, ILLINOIS.
(a) Transfer Required.--The Secretary of the Air Force shall
transfer to the County of St. Clair, Illinois (in this section referred
to as the ``County''), all funds made available for the construction of
military family housing at Scott Air Force Base, Illinois, as authorized
in section 2302(a) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2595).
(b) Use of Funds.--All funds transferred pursuant to subsection (a)
shall be used by the County for the construction, at a location
acceptable to the Secretary, of a family housing complex to replace the
Cardinal Creek Housing Complex at Scott Air Force Base.
SEC. 2311. INCREASE IN AUTHORIZED UNIT COST FOR CERTAIN FAMILY HOUSING,
RANDOLPH AIR FORCE BASE, TEXAS.
Section 2303(b) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1635) is amended in
the item relating to Randolph Air Force Base, Texas, by striking out
``$78,000'' and inserting in lieu thereof ``$95,000''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(1) and, in the
case of the project described in section 2403(b)(2), other amounts
appropriated pursuant to authorizations enacted after this Act for that
project, the Secretary of Defense may acquire real property and carry
out military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the following
table:
---------------------------------------------------------------------------
Defense Agencies: Inside the United States
<!!> Agency Installation or location Amount <!!>
<!!> <!!>Defense Logistics Agency... <!!>Defense Reutilization and ...............................
<!!> <!!>Defense Reutilization and ...............................
Marketing Office, March Air
Force Base, California........ $630,000
<!!> <!!>Defense Fuel Support Point, ...............................
Pearl Harbor, Hawaii.......... $2,250,000
<!!> <!!>Defense Construction Supply ...............................
Center, Columbia, Ohio........ $3,100,000
<!!> <!!>Defense Reutilization and ...............................
Marketing Office, Hill Air
Force Base, Utah.............. $1,700,000
<!!> <!!>Defense
2000
General Supply ...............................
Center, Richmond, Virginia.... $17,000,000
<!!> <!!>Fort Belvoir, Virginia..... $5,200,000 ...............................
<!!> <!!>Defense Medical Facility ...............................
Office........................ <!!>Cannon Air Force Base, New
Mexico........................ $13,600,000
<!!> <!!>Edwards Air Force Base, ...............................
California.................... $1,700,000
<!!> <!!>Ellsworth Air Force Base, ...............................
South Dakota.................. $1,400,000
<!!> <!!>Fairchild Air Force Base, ...............................
Washington.................... $8,250,000
<!!> <!!>Fort Detrick, Maryland..... $4,300,000 ...............................
<!!> <!!>Fort Eustis, Virginia...... $3,650,000 ...............................
<!!> <!!>Fort Sam Houston, Texas.... $4,800,000 ...............................
<!!> <!!>Grand Forks Air Force Base, ...............................
North Dakota.................. $860,000
<!!> <!!>Marine Corps Air Station, ...............................
Yuma, Arizona................. $6,000,000
<!!> <!!>Naval Education Training ...............................
Center, Rhode Island.......... $4,000,000
<!!> <!!>Offutt Air Force Base, ...............................
Nebraska...................... $1,100,000
<!!> <!!>National Security Agency... <!!>Fort Meade, Maryland....... $58,630,000 ...............................
<!!> <!!>Office Secretary of
<!!>Defense.................. <!!>CONUS Classified........... $5,600,000 ...............................
<!!> <!!>Section 6 Schools.......... <!!>Camp Lejeune, North $1,793,000 ...............................
Carolina.
<!!> <!!>Fort Bragg, North Carolina. $8,838,000 ...............................
<!!> <!!>Fort Campbell, Kentucky.... $13,182,000 ...............................
<!!> <!!>Fort Knox, Kentucky........ $7,707,000 ...............................
<!!> <!!>Fort McClellan, Alabama.... $2,798,000 ...............................
<!!> <!!>Fort Polk, Louisiana....... $4,950,000 ...............................
<!!> <!!>Quantico Marine Corps Base, ...............................
Virginia...................... $422,000
<!!> <!!>Robins Air Force Base, ...............................
Georgia....................... $3,160,000
<!!> <!!>Special Operations
<!!>Force.................... <!!>Eglin Auxiliary Field No. ...............................
9, Florida.................... $19,582,000
<!!> <!!>Fort Campbell, Kentucky.... $6,950,000 ...............................
<!!> <!!>Fort Bragg, North Carolina. $38,450,000 ...............................
<!!> <!!>Little Creek Naval ...............................
Amphibious Base, Virginia..... $7,500,000
<!!> <!!>Olmstead Field,
2000
...............................
Pennsylvania.................. $1,300,000
<!!>
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(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
---------------------------------------------------------------------------
Defense Agencies: Outside the United States
<!!> Agency Installation or location Amount <!!>
<!!> <!!>Defense Logistics Agency... <!!>Diego Garcia............... $9,558,000 ...............................
<!!> <!!>Office Secretary of Defense <!!>Classified location........ $10,755,000 ...............................
<!!>
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SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(12), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1993, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments), in the
total amount of $3,268,394,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $266,902,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $20,313,000.
(3) For military construction projects at Fort Sam Houston,
Texas, hospital replacement, authorized by section 2401(a) of the
Military Construction Authorization Act, 1987 (division B of Public
Law 99-661; 100 Stat. 4035), $50,000,000.
(4) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101-189; 103 Stat. 1640), $20,000,000.
(5) For military construction projects at Walter Reed Institute
of Research, Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2599), $15,000,000.
(6) For military construction projects at Elmendorf Air Force
Base, Alaska, hospital replacement, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2599), $37,000,000.
(7) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2599), $35,000,000.
(8) For military construction projects at Millington Naval Air
Station, Tennessee, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2599), $5,000,000.
(9) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $21,658,000.
(10) For contingency construction projects of the Secretary of
Defense under section 2804 of title 10, United States Code,
$12,200,000.
(11) For architectural and engineering services and for
construction design under section 2807 of title 10, United States
Code, $42,405,000.
(12) For energy conservation projects authorized by section
2402, $50,000,000.
(13) For base closure and realignment activities as authorized
by title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note),
$12,830,000.
(14) For base closure and realignment activities as authorized
by 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):
(A) For military installations approved for closure or
realignment in 1991, $1,526,310,000.
(B) For military installations approved for closure or
realignment in 1993, $1,144,000,000.
(15) For military family housing functions (including functions
described in section 2833 of title 10, United States Code),
$27,496,000, of which not more than $22,882,000 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 variations authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $17,720,000 (the balance of the amount authorized under
section 2401(a) for the construction of a supercomputer facility at
Fort Meade, Maryland).
SEC. 2404. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN PROJECTS.
(a) Fiscal Year 1992 Construction Projects.--Section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1992 (division B
of Public Law 102-190; 105 Stat. 1528) is amended by striking out the
following items:
(1) Under the heading ``defense logistics agency'', the item
relating to Dayton Defense Electronics Supply Station, Ohio.
(2) Under the heading ``defense medical facilities office'', the
items relating to--
(A) Homestead Air Force Base, Florida; and
(B) Dallas Naval Air Station, Texas.
(b) Conforming Amendments.--Section 2404 of such Act (105 Stat.
1531) is amended--
(1) in subsection (a)--
(A) by striking out ``$1,680,940,000'' and inserting in lieu
thereof ``$1,665,440,000''; and
(B) by striking out ``$434,500,000'' in paragraph (1) and
inserting in lieu thereof ``$419,000,
2000
000''; and
(2) in subsection (c)--
(A) by inserting ``and'' in paragraph (1) after the
semicolon;
(B) by striking out ``; and'' at the end of paragraph (2)
and inserting in lieu thereof a period; and
(C) by striking out paragraph (3).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 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, 1993, for contributions by the Secretary
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 $140,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1993, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 133 of
title 10, United States Code (including the cost of acquisition of land
for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$283,483,000; and
(B) for the Army Reserve, $101,433,000.
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $25,013,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$236,341,000; and
(B) for the Air Force Reserve, $73,927,000.
SEC. 2602. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR
RESERVE MILITARY CONSTRUCTION PROJECTS.
(a) Fiscal Year 1993 Authorizations.--Section 2601 of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2602) is amended--
(1) in paragraph (2), by striking out ``$17,200,000'' and
inserting in lieu thereof ``$10,700,000''; and
(2) in paragraph (3)(B), by striking out ``36,580,000'' and
inserting in lieu thereof ``34,880,000''.
(b) Fiscal Year 1992 Authorization.--Section 2601(2) of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190; 105 Stat. 1534) is amended by striking out
``$56,900,000'' and inserting in lieu thereof ``$31,800,000''.
(c) Fiscal Year 1991 Authorizations.--Section 2601 of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of
Public Law 101-510; 104 Stat. 1781) is amended--
(1) in paragraph (2), by striking out ``$80,307,000'' and
inserting in lieu thereof ``$78,667,000'';
(2) in paragraph (3)(A), as amended by section 2602(a)(2) of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535), by striking out
``$176,290,000'' and inserting in lieu thereof ``$171,090,000''; and
(3) in paragraph (3)(B), as amended by section 2602(a)(3) of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535) and section
2602(c) of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2602), by
striking out ``(B)'' and all that follows through the period and
inserting in lieu thereof ``(B) for the Air Force Reserve,
$32,350,000''.
(d) Fiscal Year 1990 Authorizations.--Section 2601 of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991 (division
B of Public Law 101-189; 103 Stat. 1645) is amended--
(1) in paragraph (2), by striking out ``$56,600,000'' and
inserting in lieu thereof ``$54,250,000''; and
(2) in paragraph (3)(A), as amended by section 2602(b)(1) of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535), by striking out
``$195,628,000'' and inserting in lieu thereof ``$195,088,000''.
SEC. 2603. UNITED STATES ARMY RESERVE COMMAND HEADQUARTERS FACILITY.
(a) Project Authorized.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2601(1)(B), and other amounts
appropriated pursuant to authorizations enacted after this Act for this
project, the Secretary of the Army may construct at Fort McPherson,
Georgia, a headquarters facility for the United States Army Reserve
Command and may contract for architectural and engineering services and
construction design services in connection with such construction
project.
(b) Limitation on Total Cost of Project.--The cost of the
construction project authorized by subsection (a) may not exceed
$36,400,000.
(c) Multiyear Contract Authorized.--In order to carry out the
construction project authorized in subsection (a), the Secretary may
enter into a multiyear contract in advance of appropriations therefor.
(d) Funding.--Of the amount authorized to be appropriated pursuant
to section 2601(1)(B), $15,000,000 shall be available to carry out the
project authorized by subsection (a).
SEC. 2604. LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.
Notwithstanding the cost variations authorized by section 2853 of
title 10, United States Code, and any other cost variation authorized by
law, the total amount of all projects carried out under section
2601(1)(B) may not exceed the total amount authorized to be appropriated
under such section and $21,400,000 (the balance of the amount authorized
for the construction of a command headquarters facility at Fort
McPherson, Georgia).
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, 1996; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 1997.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 1996; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 1997 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1991
PROJECTS.
(a) Extensions.--Notwithstanding section 2701(b) of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of
Public Law 101-510, 104 Stat. 1782), authorizations for the projects set
forth in the tables in subsection (b
2000
), as provided in section 2101,
2201, 2301, or 2401 of that Act and extended by section 2702(a) of the
Military Construction Authorization Act for Fiscal Year 1992 (division B
of Public Law 102-190; 105 Stat. 1535), shall remain in effect until
October 1, 1994, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1995, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
---------------------------------------------------------------------------
Army: Extension of 1991 Project Authorizations
Installation or
<!!> State location Project Amount <!!>
<!!> <!!>Colorado........... <!!>Falcon Air Force
<!!> Base............. <!!>Satellite Control <!!>
Certification Facility <!!>$1,450,000
<!!> <!!>Missouri........... <!!>Fort Leonard Wood.. <!!>Child Development <!!>
Center................ <!!>$3,050,000
<!!> <!!>Virginia........... <!!>Fort Myer.......... <!!>Child Development <!!>
Center................ <!!>$2,150,000
<!!>
-------------------------------------------------------------------------------------------
Navy: Extension of 1991 Project Authorization
Installation or
<!!> State location Project Amount <!!>
<!!> <!!>Connecticut........ <!!>New London Naval
<!!> Submarine Base... <!!>Thames River <!!>
Dredging.............. <!!>$5,300,000
<!!>
-------------------------------------------------------------------------------------------
Air Force: Extension of 1991 Project Authorizations
Installation or
<!!> State location Project Amount <!!>
<!!> <!!>Alaska............. <!!>Clear Air Force
<!!> Station.......... <!!>Alter Dormitory <!!>
(Phase II)............ <!!>$5,000,000
<!!> <!!>King Salmon Air-
<!!> port............. <!!>Vehicle Refuel <!!>
Maintenance Shop...... <!!>$2,500,000
<!!> <!!>California......... <!!>Sierra Army Depot.. <!!>Dormitory.......... <!!>$3,650,000 <!!>
<!!> <!!>Colorado........... <!!>Buckley Air Na-
<!!> tional Guard
<!!> Base............. <!!>Child Development <!!>
Center................ <!!>$4,550,000
<!!> <!!>United States Air
2000
<!!> Force Academy.... <!!>Consolidated <!!>
Education & Training
Facility.............. <!!>$15,000,00
0
<!!> <!!>Hawaii............. <!!>Hickam Air Force <!!>$6,100,000 <!!>
Base.................. <!!>Dormitory..........
<!!> <!!>Wheeler Air Force
<!!> Base............. <!!>Combat Arms <!!>
Training & Maintenance
Facility.............. <!!>$1,400,000
Air Force: Extension of 1991 Project Authorizations
Installation or
<!!> State location Project Amount <!!>
<!!> <!!>Oklahoma........... <!!>Tinker Air Force
<!!> Base............. <!!>AWACS Aircraft Fire <!!>
Protection............ <!!>$2,750,000
<!!> <!!>Texas.............. <!!>Dyess Air Force
<!!> Base............. <!!>Corrosion Control <!!>
Facility.............. <!!>$4,100,000
<!!> <!!>Utah............... <!!>Hill Air Force Base <!!>Depot Warehouse.... <!!>$16,000,00 <!!>
0
<!!>
-------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1991 Project Authorization
Installation or
<!!> State location Project Amount <!!>
<!!> <!!>Maryland........... <!!>Defense Logistics <!!>$9,500,000 <!!>
<!!>
-------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1990
PROJECTS.
(a) Extensions.--Notwithstanding section 2701(b) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991 (division
B of Public Law 101-189; 103 Stat. 1645), authorizations for the
projects set forth in the table in subsection (b), as provided in
section 2301 of that Act (103 Stat. 1631) and extended by section
2702(b) of the Military Construction Authorization Act for Fiscal Year
1992 (division B of Public Law 102-190; 105 Stat. 1535) and section 2702
of the Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2604), shall remain in
effect until October 1, 1994, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 1995,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
---------------------------------------------------------------------------
Air Force: Extension of 1990 Project Authorizations
<!!> State Installation Project Amount <!!>
<!!> <!!>Colorado........... <!!>Lowry Air Force
<!!> Base............. <!!>Computer operations <!!>
facility.............. <!!>$15,500,00
2000
0
<!!> <!!>Logistics support <!!>
facility.............. <!!>$3,500,000
<!!>
-------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1993; and
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. MILITARY FAMILY HOUSING LEASING PROGRAMS.
(a) Leases in United States, Puerto Rico, or Guam.--Subsection (b)
of section 2828 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(4) At the beginning of each fiscal year, the Secretary concerned
shall adjust the maximum lease amount provided for under paragraphs (2)
and (3) for the previous fiscal year by the percentage (if any) by which
the Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, during the preceding fiscal year exceeds
such Consumer Price Index for the fiscal year before such preceding
fiscal year.''.
(b) Leases in Foreign Countries.--Subsection (e) of such section is
amended--
(1) in the first sentence of paragraph (1), by striking out ``as
adjusted for foreign currency fluctuation from October 1, 1987.''
and inserting in lieu thereof ``, except that 300 units may be
leased in foreign countries for not more than $25,000 per unit per
year.'';
(2) in the second sentence of paragraph (1), by striking out
``That maximum lease amount'' and inserting in lieu thereof ``These
maximum lease amounts''; and
(3) by redesignating paragraph (2) as paragraph (4); and
(4) by inserting after paragraph (1) the following new
paragraphs:
``(2) In addition to the 300 units of family housing referred to in
paragraph (1) for which the maximum lease amount is $25,000 per unit per
year, the Secretary of the Navy may lease not more than 2,000 units of
family housing in Italy subject to that maximum lease amount.
``(3) The Secretary concerned shall adjust the maximum lease amounts
provided for under paragraphs (1) and (2) for the previous fiscal year--
``(A) for foreign currency fluctuations from October 1, 1987;
and
``(B) at the beginning of each fiscal year, by the percentage
(if any) by which the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics, during the preceding
fiscal year exceeds such Consumer Price Index for the fiscal year
before such preceding fiscal year.''.
SEC. 2802. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND COGENERATION
PRODUCTION FACILITIES.
(a) Availability of Proceeds for Certain Construction Projects.--
Subsection (b) of section 2483 of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Subject to the availability of appropriations for this
purpose, proceeds credited under paragraph (1) may be used to carry out
military construction projects under the energy performance plan
developed by the Secretary of Defense under section 2865(a) of this
title, including minor military construction projects authorized under
section 2805 of this title that are designed to increase energy
conservation.''.
(b) Notification Regarding Projects.--Such section is further
amended by adding at the end the following new subsection:
``(c) Before carrying out a military construction project described
in subsection (b) using proceeds from sales under subsection (a), the
Secretary concerned shall notify Congress in writing of the project, the
justification for the project, and the estimated cost of the project.
The project may be carried out only after the end of the 21-day period
beginning on the date the notification is received by Congress.''.
SEC. 2803. AUTHORITY FOR MILITARY DEPARTMENTS TO PARTICIPATE IN WATER
CONSERVATION PROGRAMS.
(a) Authority.--Subchapter III of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``§2866. Water conservation at military installations
``(a) Water Conservation Activities.--(1) The Secretary of Defense
shall permit and encourage each military department, Defense Agency, and
other instrumentality of the Department of Defense to participate in
programs conducted by a utility for the management of water demand or
for water conservation.
``(2) The Secretary of Defense may authorize a military installation
to accept a financial incentive (including an agreement to reduce the
amount of a future water bill), goods, or services generally available
from a utility, for the purpose of adopting technologies and practices
that--
``(A) relate to the management of water demand or to water
conservation; and
``(B) as determined by the Secretary, are cost effective for the
Federal Government.
``(3) Subject to paragraph (4), the Secretary of Defense may
authorize the Secretary of a military department having jurisdiction
over a military installation to enter into an agreement with a utility
to design and implement a cost-effective program that provides
incentives for the management of water demand and for water conservation
and that addresses the requirements and circumstances of the
installation. Activities under the program may include the provision of
water management services, the alteration of a facility, and the
installation and maintenance by the utility of a water-saving device or
technology.
``(4)(A) If an agreement under paragraph (3) provides for a utility
to pay in advance the financing costs for the design or implementation
of a program referred to in that paragraph and for such advance payment
to be repayed by the United States, the cost of such advance payment may
be recovered by the utility under terms that are not less favorable than
the terms applicable to the most favored customer of the utility.
``(B) Subject to the availability of appropriations, a repayment of
an advance payment under subparagraph (A) shall be made from funds
available to a military department for the purchase of utility services.
``(C) An agreement under paragraph (3) shall provide that title to a
water-saving device or technology installed at a military installation
pursuant to the agreement shall vest in the United States. Such title
may vest at such time during the term of the agreement, or upon
expiration of the agreement, as determined to be in the best interests
of the United States.
``(b) Use of Water Cost Savings.--Water cost savings realized under
this section shall be used as provided in section 2865(b)(2) of this
title.
``(c) Water Conservation Construction Projects.--(1) The Secretary
of Defense may carry out a military construction project for water
conservation, not previously authorized, using funds appropriated or
otherwise made available to the Secretary for water conservation.
``(2) When a decision is made to carry out a project under paragraph
(1), the Secretary of Defense shall notify the Committees on Armed
Services and Appropriations of the Senate and House of Re
2000
presentatives
of that decision. Such project may be carried out only after the end of
the 21-day period beginning on the date the notification is received by
such committees.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2866. Water conservation at military installations.''.
SEC. 2804. CLARIFICATION OF ENERGY CONSERVATION MEASURES FOR THE
DEPARTMENT OF DEFENSE.
(a) Energy Efficient Maintenance.--Subsection (a) of section 2865 of
title 10, United States Code, is amended--
(1) in paragraph (3), by inserting ``, including energy
efficient maintenance,'' after ``conservation measures''; and
(2) by adding at the end the following new paragraph:
``(4) In paragraph (3), the term `energy efficient maintenance'
includes--
``(A) the repair by replacement of equipment or systems, such as
lighting, heating, or cooling equipment or systems or industrial
processes, with technology that--
``(i) will achieve the most cost-effective energy savings
over the life-cycle of the equipment or system being repaired;
and
``(ii) will meet the same end needs as the equipment or
system being repaired; and
``(B) improvements in an operation or maintenance process, such
as improved training or improved controls, that result in reduced
costs through energy savings''.
(b) Use of Savings and Use of Proceeds From Electricity Sales.--
Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) by striking out ``The Secretary shall provide that two-
thirds'' and inserting in lieu thereof ``Two-thirds''; and
(B) by striking out ``for any fiscal year beginning after
fiscal year 1990''; and
(2) in paragraph (2), by striking out ``(2) The amount'' and all
that follows through ``the Secretary of Defense.'' and inserting in
lieu thereof the following:
``(2) The Secretary shall provide that the amount that remains
available for obligation under paragraph (1) and section 2866(b) of this
title, and the funds made available under section 2483(b)(2) of this
title, shall be used as follows:
``(A) One-half of the amount shall be used for the
implementation of additional energy conservation measures and for
water conservation activities at such buildings, facilities, or
installations of the Department of Defense as may be designated (in
accordance with regulations prescribed by the Secretary of Defense)
by the head of the department, agency, or instrumentality that
realized the savings referred to in paragraph (1) or in section
2866(b) of this title.''.
(c) Covered Utilities.--Subsection (d)(1) of such section is amended
by adding before the period the following: ``or by any utility for water
conservation activities''.
SEC. 2805. AUTHORITY TO ACQUIRE EXISTING FACILITIES IN LIEU OF CARRYING
OUT CONSTRUCTION AUTHORIZED BY LAW.
(a) Acquisition Authority.--(1) Subchapter I of chapter 169 of title
10, United States Code, is amended by adding at the end the following:
``§2813. Acquisition of existing facilities in lieu of authorized
construction
``(a) Acquisition Authority.--Using funds appropriated for a
military construction project authorized by law for a military
installation, the Secretary of the military department concerned may
acquire an existing facility (including the real property on which the
facility is located) at or near the military installation instead of
carrying out the authorized military construction project if the
Secretary determines that--
``(1) the acquisition of the facility satisfies the requirements
of the military department concerned for the authorized military
construction project; and
``(2) it is in the best interests of the United States to
acquire the facility instead of carrying out the authorized military
construction project.
``(b) Modification or Conversion of Acquired Facility.--(1) As part
of the acquisition of an existing facility under subsection (a), the
Secretary of the military department concerned may carry out such
modifications, repairs, or conversions of the facility as the Secretary
considers to be necessary so that the facility satisfies the
requirements for which the military construction project was authorized.
``(2) The costs of anticipated modifications, repairs, or
conversions under paragraph (1) are required to remain within the
authorized amount of the military construction project. The Secretary
concerned shall consider such costs in determining whether the
acquisition of an existing facility is--
``(A) more cost effective than carrying out the authorized
military construction project; and
``(B) in the best interests of the United States.
``(c) Notice and Wait Requirements.--A contract may not be entered
into for the acquisition of a facility under subsection (a) until the
end of the 30-day period beginning on the date the Secretary concerned
transmits to the Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives a written
notification of the determination to acquire an existing facility
instead of carrying out the authorized military construction project.
The notification shall include the reasons for acquiring the
facility.''.
(2) The table of sections at the beginning of subchapter I of such
chapter is amended by adding at the end the following:
``2813. Acquisition of existing facilities in lieu of authorized
construction.''.
(b) Applicability of Section.--Section 2813 of title 10, United
States Code, as added by subsection (a), shall apply with respect to
military construction projects authorized on or after the date of the
enactment of this Act.
SEC. 2806. CLARIFICATION OF PARTICIPATION IN DEPARTMENT OF STATE HOUSING
POOLS.
Section 2834(b) of title 10, United States Code, is amended to read
as follows:
``(b) The maximum lease amounts specified in section 2828(e)(1) of
this title for the rental of family housing in foreign countries shall
not apply to housing made available to the Department of Defense under
this section. To the extent that the lease amount for units of housing
made available under this subsection exceeds such maximum lease amounts,
such units shall not be counted in applying the limitation contained in
such section on the number of units of family housing for which the
Secretary concerned may waive such maximum lease amounts.''.
SEC. 2807. EXTENSION OF AUTHORITY TO LEASE REAL PROPERTY FOR SPECIAL
OPERATIONS ACTIVITIES.
(a) Extension of Authority.--Section 2680(d) of title 10, United
States Code, is amended by striking out ``September 30, 1993.'' and
inserting in lieu thereof ``September 30, 1995.''.
(b) Extension of Reporting Requirement.--Section 2863(b) of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 2680 note) is amended by striking out
``March 1, 1993, and March 1, 1994,'' and inserting in lieu thereof
``March 1 of each of the years 1994, 1995, and 1996,''.
Subtitle B--Land Transactions Generally
SEC. 2811. LAND CONVEYANCE, BROWARD COUNTY, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
Broward County, Florida (in this section referred to as the ``County''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 18.45 acres and comprising a portion of Fort Lauderdale-
Hollywood International Airport, Florida.
(b) Consideration.--The County shall provide the United States with
consideration for the real property conveyed under subsection (a) that
is equal to at least the fair market value of the property conveyed. The
County shall provide consideration by one of the following methods, to
be selected by the Secretary:
2000
(1) Constructing (or paying the costs of constructing) at a
location selected by the Secretary within Broward County, Florida, a
suitable facility to replace the improvements conveyed under
subsection (a).
(2) Paying to the United States an amount equal to the fair
market value of the real property conveyed under subsection (a).
(c) Requirement Relating to Construction.--If the County constructs
(or pays the costs of constructing) a replacement facility under
subsection (b)(1), the County shall pay to the United States the amount,
if any, by which the fair market value of the property conveyed under
subsection (a) exceeds the fair market value of the replacement
facility.
(d) Replacement Facility.--If the County pays the fair market value
of the real property under subsection (b)(2) as consideration for the
conveyance authorized under subsection (a), the Secretary shall use the
amount paid by the County to construct a suitable facility to replace
the improvements conveyed under subsection (a).
(e) Deposit of Proceeds.--The Secretary shall deposit in the account
established under section 204(h) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)) any amount paid
to the United States under this section that is not used for the purpose
of constructing a replacement facility under subsection (d).
(f) Determination of Fair Market Value.--The Secretary shall
determine the fair market value of the real property to be conveyed
under subsection (a) and of the improvements, if any, constructed under
subsection (b)(1). Such determination shall be final.
(g) 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 that is satisfactory to the Secretary.
The cost of the survey shall be borne by the County.
(h) 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. 2812. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Virginia Beach, Virginia (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property included on the real property inventory of
Naval Air Station Oceana in Virginia Beach, Virginia, and consisting of
approximately 3.5 acres. As part of the conveyance of such parcel, the
Secretary shall grant the City an easement on such additional acreage as
may be necessary to provide adequate ingress and egress to the parcel.
(b) Consideration.--As consideration for the conveyance and easement
under subsection (a), the City shall pay to the United States an amount
equal to the fair market value of the property to be conveyed and the
fair market value of the easement to be granted. The Secretary shall
determine the fair market value of the property and easement, and such
determination shall be final.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the City may use
the property conveyed only for the following purposes:
(1) The maintenance, repair, storage, and berthing of erosion
control and beach replenishment equipment and materiel, including a
dredge.
(2) The berthing of police boats.
(3) The provision of operational and administrative personnel
space related to the purposes specified in paragraphs (1) and (2).
(d) Reversion.--All right, title, and interest of the City in and to
the property conveyed under subsection (a) (including any improvements
thereon) and the easement granted under such subsection shall revert to
the United States, and the United States shall have the right of
immediate reentry on the property, if the Secretary determines--
(1) at any time, that the property conveyed under subsection (a)
is not being used for the purposes specified in subsection (c); or
(2) at the end of the 10-year period beginning on the date of
the conveyance, that no significant improvements associated with the
purposes specified in subsection (c) have been constructed on the
property.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) and the
easement to be granted under such subsection 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 and conditions in connection with the conveyance and
easement under subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2813. LAND CONVEYANCE, CRANEY ISLAND FUEL DEPOT, NAVAL SUPPLY
CENTER, VIRGINIA.
(a) Conveyance Required.--The Secretary of the Navy shall convey to
the City of Portsmouth, Virginia, all right, title, and interest of the
United States in and to a parcel of real property consisting of
approximately 135.7 acres, including improvements thereon, comprising a
portion of the Craney Island Fuel Depot, Naval Supply Center, Norfolk,
Virginia. However, the parcel of real property to be conveyed under this
section shall not include sites 3 and 12, as defined in Item 6 of the
General Lease No. LO-267 N62470-89-RP-00156 between the City and the
United States, dated December 15, 1992.
(b) Definitions.--For purposes of this section:
(1) The term ``City'' means the City of Portsmouth, Virginia.
(2) The term ``Craney Island parcel'' means the real property
described in subsection (a) that is required to be conveyed under
this section.
(3) The term ``sites 3 and 12'' means the parcels specifically
excluded by subsection (a) from the conveyance.
(c) Conditions of Conveyance.--(1) The City shall accept conveyance
of the Craney Island parcel under subsection (a) as a potentially
responsible party with respect to such parcel pursuant to section
120(h)(3) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9260(h)(3)).
(2) Nothing in this section shall alter any liability of the United
States under section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)), section
7003 of the Solid Waste Disposal Act (42 U.S.C. 6973), or any similar
State or local environmental law or regulation with respect to--
(A) the Craney Island parcel; or
(B) sites 3 and 12.
(d) Consideration.--As consideration for the conveyance of the
Craney Island parcel under subsection (a), the City shall pay to the
United States an amount equal to the fair market value of the Craney
Island parcel. Using normal and customary procedures for determining the
fair market value of real property, the Secretary shall determine the
fair market value of the Craney Island parcel in consultation with the
City Manager of the City. Such determination shall be final.
(e) Deposit of Proceeds.--The Secretary shall deposit amounts
received as consideration for the conveyance under subsection (a) in the
special account established pursuant to section 204(h) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)).
(f) Description of Property.--The exact acreage and legal
description of the Craney Island parcel and sites 3 and 12 shall be
determined by a survey satisfactory to the Secretary and the City
Manager of the City. The cost of each survey shall be borne by the City.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance of the
Craney Island parcel as the Secretary considers appropriate to protect
the interests of the United States and are agreed to by the
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City.
SEC. 2814. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
Peck Iron and Metal Company, Inc. (in this section referred to as
``Peck''), all right, title, and interest of the United States in and to
a parcel of real property consisting of approximately 1.45 acres,
including improvements thereon, located in Portsmouth, Virginia, that,
on the date of the enactment of this Act, is leased to Peck pursuant to
Department of the Navy lease N62470-91-RP-00261, effective August 1,
1991.
(b) Consideration.--As consideration for the conveyance under
subsection (a), Peck shall pay to the United States an amount equal to
the fair market value of the property to be conveyed, as determined by
the Secretary.
(c) Deposit of Proceeds.--The Secretary shall deposit in the special
account established under section 204(h) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)) the amount
received from Peck under subsection (b).
(d) Conditions of Conveyance.--(1) The conveyance authorized by
subsection (a) shall be subject to the condition that Peck accept
conveyance of the property as a potentially responsible party with
respect to the property pursuant to section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9260(h)(3)).
(2) Nothing in this section shall alter any liability of the United
States under section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)), section
7003 of the Solid Waste Disposal Act (42 U.S.C. 6973), or any similar
State or local environmental law or regulation with respect to the
property conveyed under subsection (a).
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of such survey shall be borne by Peck.
(f) Additional Terms and Conditions.--The Secretary 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. 2815. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, IOWA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Middletown, Iowa (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property (including improvements thereon) consisting of
approximately 127 acres at the Iowa Army Ammunition Plant, Iowa.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount equal
to the fair market value of the property to be conveyed. The Secretary
shall determine the fair market value of the property, and such
determination shall be final.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey that is satisfactory to the Secretary.
(d) 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. 2816. LAND CONVEYANCE, RADAR BOMB SCORING SITE, CONRAD, MONTANA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the City of Conrad, Montana (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to the parcel of real property consisting of
approximately 42 acres located in Conrad, Montana, which has served as
the location of a support complex, recreational facilities, and family
housing for the Radar Bomb Scoring Site, Conrad, Montana, together with
any improvements thereon.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the City--
(1) utilize the property and recreational facilities conveyed
under that subsection for housing and recreation purposes; or
(2) enter into an agreement with an appropriate public or
private entity to lease such property and facilities to that entity
for such uses.
(c) Reversion.--If the Secretary determines at any time that the
property conveyed under subsection (a) is not being utilized in
accordance with subsection (b) all right, title, and interest in and to
the property conveyed pursuant to such subsection, including any
improvements thereon, shall revert to the United States and the United
States shall have the right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall be
determined by a survey satisfactory to the Secretary. The cost of such
survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2817. LAND CONVEYANCE, CHARLESTON, SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Division of Public Railways, South Carolina Department of Commerce
(in this section referred to as the ``Railway'') all right, title, and
interest of the United States in and to a parcel of real property
consisting of approximately 10.9 acres and comprising a portion of the
Charleston Naval Weapons Station South Annex, North Charleston, South
Carolina.
(b) Consideration.--As consideration for the conveyance of the real
property under subsection (a), the Railway shall pay to the United
States an amount equal to the fair market value of the conveyed
property, as determined by the Secretary.
(c) Use and Deposit of Proceeds.--The Secretary may use the proceeds
received from the sale of property authorized by this section to pay for
the cost of any environmental restoration of the property being
conveyed. Any proceeds which remain after any necessary environmental
restoration has been completed shall be deposited in the special account
established under section 204(h) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)).
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of such survey shall be borne by the Railway.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2818. LAND CONVEYANCE, FORT MISSOULA, MONTANA.
(a) Land Use Determination.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of the Army shall determine
whether a parcel of land consisting of approximately 11 acres, and
improvements thereon, located in Fort Missoula, Missoula County,
Montana, is excess to the needs of the Department of the Army.
(b) Conveyance Authorized.--If the Secretary determines that the
property identified in subsection (a) is excess to the needs of the
Department of the Army, the Secretary may convey all right, title, and
interest of the United States in and to the property to the Northern
Rockies Heritage Center, a nonprofit corporation incorporated in the
State of Montana and held to be exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986.
(c) Conditions.--The conveyance authorized in subsection (b) shall
be subject to the conditions that--
(1) the property conveyed may be used only for historic,
cultural, or educational purposes;
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(2) the Northern Rockies Heritage Center shall enter into an
agreement with the Secretary of Agriculture concerning the use of
the property by the Department of Agriculture;
(3) the Northern Rockies Heritage Center shall indemnify the
United States against all liability in connection with any hazardous
materials, substances, or conditions that may be found on the
property; and
(4) the Northern Rockies Heritage Center shall, prior to the
conveyance and for the first year of operation of the Northern
Rockies Heritage Center after the conveyance, establish, to the
satisfaction of the Secretary of the Army, that it has the ability
to maintain the property described in subsection (a) for the
purposes described in paragraph (1).
(d) Reversionary Interest.--If the property conveyed pursuant to
subsection (b) is used for purposes other than those specified in
subsection (c)(1), all right, title, and interest to and in the property
shall revert to the United States at no cost to the United States, which
shall have immediate right of entry on the land.
(e) Description.--The exact acreage and legal description of the
property conveyed under subsection (b) shall be determined by surveys
that the Secretary determines are satisfactory. The Northern Rockies
Heritage Center shall pay the cost of any survey required by the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may establish
such additional terms and conditions in connection with the conveyance
under subsection (b) as the Secretary considers appropriate to protect
the interests of the United States.
(g) Congressional Notification.--If the Secretary determines that
the property identified in subsection (a) is not excess to the needs of
the Department of the Army, the Secretary shall notify Congress in
writing of the plans of the Department of the Army for maintaining and
utilizing the property. Such notification shall be made not later than
60 days after the date of the enactment of this Act.
SEC. 2819. LAND ACQUISITION, NAVY LARGE CAVITATION CHANNEL, MEMPHIS,
TENNESSEE.
(a) Authority To Acquire.--The Secretary of the Navy may acquire all
right, title, and interest of any party in and to a parcel of real
property, including improvements thereon, consisting of approximately 88
acres and located on President's Island, Memphis, Tennessee, the site of
the Navy Large Cavitation Channel.
(b) Cost of Acquisition.--In acquiring the real property authorized
to be acquired under subsection (a), the Secretary shall pay no more
than the fair market value of the property, as determined by an
appraisal satisfactory to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property authorized to be acquired under
subsection (a) shall be determined by a survey that is satisfactory to
the Secretary. The cost of the survey shall be borne by the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the acquisition under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
(e) Source of Funds for Acquisition.--Funds for the acquisition of
the real property authorized to be acquired under subsection (a) shall
be available to the Secretary as provided in section 264.
SEC. 2820. RELEASE OF REVERSIONARY INTEREST, OLD SPANISH TRAIL ARMORY,
HARRIS COUNTY, TEXAS.
(a) Authority To Release.--The Secretary of the Army may release the
reversionary interest of the United States in and to approximately 6.89
acres of real property, including improvements thereon, containing the
Old Spanish Trail Armory in Harris County, Texas. The United States
acquired the reversionary interest by virtue of a quitclaim deed dated
June 18, 1936.
(b) Condition.--The Secretary may effectuate the release authorized
in subsection (a) only after obtaining satisfactory assurances that the
State of Texas shall obtain, in exchange for the real property referred
to in subsection (a), a parcel of real property that--
(1) is at least equal in value to the real property referred to
in subsection (a), and
(2) beginning on the date on which the State first obtains the
new parcel of real property, is subject to the same restrictions and
covenants with respect to the United States as are applicable on the
date of the enactment of this Act to the real property referred to
in subsection (a).
(c) Legal Description of Real Property.--The exact acreage and legal
descriptions of the real property referred to in subsection (a) shall be
determined by a survey satisfactory to the Secretary.
SEC. 2821. GRANT OF EASEMENT, WEST LOCH BRANCH, NAVAL MAGAZINE
LUALUALEI, HAWAII.
(a) In General.--The Secretary of the Navy may grant to the City and
County of Honolulu, Hawaii (in this section referred to as
``Honolulu''), an easement on a parcel of real property consisting of
not more than approximately 70 acres and located at West Loch Branch,
Naval Magazine Lualualei, Hawaii. The purpose of the easement is to
permit Honolulu to carry out drainage activities on such real property,
and for other public purposes (as determined by the Secretary).
(b) Consideration.--(1) As consideration for the grant of an
easement to Honolulu under subsection (a), Honolulu shall pay to the
United States an amount equal to the fair market value of that easement,
as determined by the Secretary.
(2) The Secretary may accept from Honolulu, in lieu of payment under
paragraph (1), such improvements (including road, fencing, property
security, and other improvements) to West Loch Branch, Naval Magazine
Lualualei, Hawaii, as the Secretary determines to be equal in fair
market value to the easement granted under subsection (a).
(c) Use of Proceeds.--The Secretary shall utilize any funds paid to
the United States under subsection (b)(1) for the construction of
improvements referred to in subsection (b)(2).
(d) Description of Property.--The exact acreage and legal
description of the real property subject to the easement granted under
this section shall be determined by a survey that is satisfactory to the
Secretary. The cost of the survey shall be borne by Honolulu.
(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. 2822. REVIEW OF PROPOSED LAND EXCHANGE, FORT SHERIDAN, ILLINOIS,
AND ARLINGTON COUNTY, VIRGINIA.
(a) Review Required.--The Secretary of Defense shall review a
proposed exchange of lands under the control of the Secretary of the
Army, and lands under the control of the Secretary of the Navy, located
at Fort Sheridan, Illinois, for a parcel of real property, consisting of
approximately 7.1 acres, located in Arlington County, Virginia, and
commonly known as the ``Twin Bridges'' parcel. The review shall include
an evaluation of the use of the ``Twin Bridges'' parcel for the location
of the National Museum of the United States Army, which is proposed to
be constructed and operated on the parcel using only donated funds.
(b) Report.--Not later than September 24, 1993, the Secretary shall
submit to Congress a report describing the results of the review
required under subsection (a).
Subtitle C--Changes to Existing Land Transaction Authority
SEC. 2831. MODIFICATION OF LAND CONVEYANCE, NEW LONDON, CONNECTICUT.
(a) Conveyance Without Consideration.--Subsection (a) of section
2841 of the Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1557) is amended by
inserting after ``convey'' the following: ``, without consideration,''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking out paragraph (4);
(2) by striking out subsection (c); and
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(3) by redesignating subsections (d) and (e) as subsections (c)
and (d), respectively.
SEC. 2832. MODIFICATION OF TERMINATION OF LEASE AND SALE OF FACILITIES,
NAVAL RESERVE CENTER, ATLANTA, GEORGIA.
(a) Consideration.--Subsection (b) of section 2846 of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2623) is amended by striking out
``aggregate'' and all that follows through ``subsection (a)(2)'' and
inserting in lieu thereof ``lesser of the cost of expanding the Marine
Corps Reserve Center to be constructed at Dobbins Air Force Base,
Georgia, in accordance with subsection (c)(1), or $3,000,000''.
(b) Use of Funds.--Subsection (c) of such section is amended--
(1) by striking out paragraph (2);
(2) in paragraph (1)--
(A) by striking out ``(A)'';
(B) by striking out ``subparagraph (B)'' and inserting in
lieu thereof ``paragraph (2)''; and
(C) by redesignating subparagraph (B) as paragraph (2); and
(3) in paragraph (2), as so redesignated, by striking out
``subparagraph (A)'' and inserting in lieu thereof ``paragraph
(1)''.
(c) Leaseback of Facilities.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Leaseback of Facilities.--The Secretary may lease from the
Institute, at fair market rental value, the facilities referred to in
subsection (a)(2) after the sale of such facilities referred to in that
subsection. The term of such lease may not exceed 2 years.''.
SEC. 2833. MODIFICATION OF LEASE AUTHORITY, NAVAL SUPPLY CENTER,
OAKLAND, CALIFORNIA.
(a) Expansion of Lease Authority.--Paragraph (1) of subsection (b)
of section 2834 of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2614) is
amended by striking out ``not more than 195 acres of real property'' and
all that follows through the period and inserting in lieu thereof
``those portions of the Naval Supply Center, Oakland, California, that
the Secretary determines to be available for lease.''.
(b) Consideration.--Paragraph (2) of such subsection is amended--
(1) by striking out ``and'' at the end of subparagraph (A);
(2) by striking out the period at the end of subparagraph (B)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) be for nominal consideration.''.
(c) Conforming Amendments.--Such subsection is further amended--
(1) in paragraph (2)(B), by striking out ``shall'';
(2) by striking out paragraphs (3), (4), and (5); and
(3) by redesignating paragraph (6) as paragraph (3).
SEC. 2834. EXPANSION OF LAND TRANSACTION AUTHORITY INVOLVING HUNTERS
POINT NAVAL SHIPYARD, SAN FRANCISCO, CALIFORNIA.
Section 2824(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1790) is
amended by adding at the end the following new paragraph:
``(3) In lieu of entering into a lease under paragraph (1), the
Secretary may convey the property described in such paragraph to the
City (or a local reuse organization approved by the City) for such
consideration and under such terms as the Secretary considers
appropriate.''.
Subtitle D--Land Transactions Involving Utilities
SEC. 2841. CONVEYANCE OF NATURAL GAS DISTRIBUTION SYSTEM, FORT BELVOIR,
VIRGINIA.
(a) Authority To Convey.--(1) The Secretary of the Army may convey
to the Washington Gas Company, Virginia (in this section referred to as
``Washington Gas Company''), all right, title, and interest of the
United States in and to the natural gas distribution system described in
paragraph (2).
(2) The natural distribution gas system referred to in paragraph (1)
is the natural gas distribution system located at Fort Belvoir,
Virginia, consisting of approximately 15.6 miles of natural gas
distribution lines and the equipment, fixtures, structures, and other
improvements owned and utilized by the Federal Government at Fort
Belvoir in order to provide natural gas to and distribute natural gas at
Fort Belvoir. The natural gas distribution system does not include any
real property.
(b) Related Easements.--The Secretary may grant to Washington Gas
Company the following easements relating to the conveyance of the
natural gas distribution system authorized by subsection (a):
(1) Such easements, if any, as the Secretary and Washington Gas
Company jointly determine are necessary in order to provide access
to the natural gas distribution system for maintenance, safety, and
other purposes.
(2) Such rights of way appurtenant, if any, as the Secretary and
Washington Gas Company jointly determine are necessary in order to
satisfy requirements imposed by any Federal or State agency relating
to the maintenance of a buffer zone around the natural gas
distribution system.
(c) Requirement Relating to Conveyance.--The Secretary may not carry
out the conveyance of the natural gas distribution system authorized in
subsection (a) unless Washington Gas Company agrees to accept the system
in its existing condition at the time of the conveyance.
(d) Conditions.--The conveyance of the natural gas distribution
system authorized by subsection (a) is subject to the following
conditions:
(1) That Washington Gas Company provide natural gas to and
distribute natural gas at Fort Belvoir at a rate that is no less
favorable than the rate Washington Gas Company would charge a public
or private consumer of natural gas similar to Fort Belvoir for the
provision and distribution of natural gas.
(2) That Washington Gas Company maintain, repair, conduct safety
inspections, and conduct leak test surveys required for the natural
gas distribution system.
(3) That Washington Gas Company, at no cost to the Federal
Government, expand and upgrade the natural gas distribution system
as necessary to meet the increasing needs of Fort Belvoir for
natural gas that will result from conversion, to the extent
anticipated by the Secretary at the time of conveyance, of oil-
burning utilities at Fort Belvoir to natural gas-burning utilities.
(4) That Washington Gas Company comply with all applicable
environmental laws and regulations (including any permit or license
requirements) in providing and distributing natural gas to Fort
Belvoir through the natural gas distribution system.
(5) That Washington Gas Company not commence any expansion of
the natural gas distribution system without approval of such
expansion by the commander of Fort Belvoir.
(e) Fair Market Value.--The Secretary shall ensure that the value to
the Army of the actions taken by Washington Gas Company in accordance
with subsection (d) is at least equal to the fair market value of the
natural gas distribution system conveyed pursuant to subsection (a).
(f) Reversion.--If the Secretary determines at any time that
Washington Gas Company is not complying with the conditions set forth in
subsection (d), all right, title, and interest of Washington Gas Company
in and to the natural gas distribution system conveyed pursuant to
subsection (a), including improvements thereto and any modifications
made to the system by Washington Gas Company after such conveyance, and
any easements granted under subsection (b), shall revert to the United
States and the United States shall have the right of immediate
possession, including the right to operate the system.
(g) Description of Property.--The exact legal description of the
equipment, fixtures, structures, and improvements to be conveyed under
subsection (a), and of any easements granted under subsection (b), shall
be determined in a manner, including by survey, satisfactory to the
Secretary. The cost of an
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y survey or other services performed at the
direction of the Secretary pursuant to the authority in the preceding
sentence shall be borne by Washington Gas Company.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) and the grant of any easement under subsection (b) as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2842. CONVEYANCE OF WATER DISTRIBUTION SYSTEM, FORT LEE, VIRGINIA.
(a) Authority To Convey.--(1) The Secretary of the Army may convey
to the American Water Company, Virginia (in this section referred to as
``American Water Company''), all right, title, and interest of the
United States in and to the water distribution system described in
paragraph (2).
(2) The water distribution system described in paragraph (1) is the
water distribution system located at Fort Lee, Virginia, consisting of
approximately 7 miles of transmission lines, 85 miles of distribution
and service lines, fire hydrants, elevated storage tanks, pumping
stations, and other improvements, owned and utilized by the Federal
Government in order to provide water to and distribute water at Fort
Lee. The water distribution system does not include any real property.
(b) Related Easements.--The Secretary may grant to American Water
Company the following easements relating to the conveyance of the water
distribution system authorized by subsection (a):
(1) Such easements, if any, as the Secretary and American Water
Company jointly determine are necessary in order to provide for
access by American Water Company to the water distribution system
for maintenance, safety, and related purposes.
(2) Such rights of way appurtenant, if any, as the Secretary and
American Water Company jointly determine are necessary in order to
satisfy requirements imposed by any Federal or State agency relating
to the maintenance of a buffer zone around the water distribution
system.
(c) Requirement Relating to Conveyance.--The Secretary may not carry
out the conveyance of the water distribution system authorized by
subsection (a) unless Washington Gas Company agrees to accept the system
in its existing condition at the time of the conveyance.
(d) Conditions.--The conveyance of the water distribution system
authorized in subsection (a) shall be subject to the following
conditions:
(1) That American Water Company provide water to and distribute
water at Fort Lee at a rate that is no less favorable than the rate
American Water Company would charge a public or private consumer of
water similar to Fort Lee for the provision and distribution of
water.
(2) That American Water Company maintain, repair, and conduct
safety inspections of the water distribution system.
(3) That American Water Company comply with all applicable
environmental laws and regulations (including any permit or license
requirements) in providing and distributing water at Fort Lee
through the water distribution system.
(4) That American Water Company not commence any expansion of
the water distribution system without approval of such expansion by
the commander of Fort Lee.
(e) Fair Market Value.--The Secretary shall ensure that the value to
the Army of the actions taken by American Water Company in accordance
with subsection (d) is at least equal to the fair market value of the
water distribution system conveyed pursuant to subsection (a).
(f) Reversion.--If the Secretary determines at any time that
American Water Company is not complying with the conditions specified in
subsection (d), all right, title, and interest of American Water Company
in and to the water distribution system conveyed pursuant to subsection
(a), including any improvements thereto and any modifications made to
the system by American Water Company after such conveyance, and any
easements granted under subsection (b), shall revert to the United
States and the United States shall have the immediate right of
possession, including the right to operate the water distribution
system.
(g) Description of Property.--The exact legal description of the
water distribution system to be conveyed pursuant to subsection (a),
including any easements granted with respect to such system under
subsection (b), shall be determined in a manner, including by survey,
satisfactory to the Secretary. The cost of any survey or other services
performed at the direction of the Secretary pursuant to the authority in
the preceding sentence shall be borne by American Water Company.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) and the grant of any easement under subsection (b) as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2843. CONVEYANCE OF WASTE WATER TREATMENT FACILITY, FORT PICKETT,
VIRGINIA.
(a) Authority To Convey.--The Secretary of the Army may convey to
the Town of Blackstone, Virginia (in this section referred to as the
``Town''), all right, title, and interest of the United States in and to
a parcel of real property consisting of approximately 11.5 acres,
including a waste water treatment facility and other improvements
thereon, located at Fort Pickett, Virginia.
(b) Conditions.--The conveyance authorized in subsection (a) shall
be subject to the following conditions:
(1) That the Town design and carry out such expansion or
improvement of the waste water treatment facility as the Secretary
and the Town jointly determine necessary in order to ensure
operation of the facility in compliance with all applicable Federal
and State environmental laws (including any permit or license
requirements).
(2) That the Town operate the waste water treatment facility in
compliance with such laws.
(3) That the Town provide disposal services, waste water
treatment services, and other related services to Fort Pickett at a
rate that is no less favorable than the rate the Town would charge a
public or private entity similar to Fort Pickett for the provision
of such services.
(4) That the Town reserve 75 percent of the operating capacity
of the waste water treatment facility for use by the Army in the
event that such use is necessitated by a realignment or change in
the operations of Fort Pickett.
(5) That the Town accept liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) for any environmental restoration or
remediation required at the facility by reason of the provision of
waste water treatment services at the facility to entities other
than the Army.
(c) Fair Market Value.--The Secretary shall ensure that the value to
the Army of the actions taken by the Town in accordance with subsection
(b) is at least equal to the fair market value of the waste water
treatment facility conveyed pursuant to subsection (a).
(d) Reversion.--If the Secretary determines at any time that the
Town is not complying with the conditions specified in subsection (b),
all right, title, and interest of the Town in and to the real property
(including the waste water treatment system) conveyed under subsection
(a), including any improvements thereto and any modifications made to
the system by the Town after such conveyance, shall revert to the United
States and the United States shall have the right of immediate entry
thereon, including the right of access to and operation of the waste
water treatment system.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Town.
(f) Environmental Compliance.--(1) The To
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wn shall be responsible for
compliance with all applicable environmental laws and regulations,
including any permit or license requirements, relating to the real
property (and any facilities thereon) conveyed under subsection (a). The
Town shall also be responsible for executing and constructing
environmental improvements to the plant as required by applicable law.
(2) The Secretary, subject to the availability of appropriated funds
for this purpose, and the Town shall share future environmental
compliance costs based on a pro rata share of reserved plant capacity,
as determined by the Secretary.
(3) The Secretary shall complete any environmental removal or
remediation required under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) with
respect to the real property conveyed under this section before carrying
out the conveyance.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
authorized under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2844. CONVEYANCE OF WATER DISTRIBUTION SYSTEM AND RESERVOIR,
STEWART ARMY SUBPOST, NEW YORK.
(a) Authority To Convey.--(1) The Secretary of the Army may convey
to the Town of New Windsor, New York (in this section referred to as the
``Town''), all right, title, and interest of the United States in and to
the property described in paragraph (2).
(2) The property referred to in paragraph (1) is the following
property located at the Stewart Army Subpost, New York:
(A) A parcel of real property consisting of approximately 7
acres, including a reservoir and improvements thereon, the site of
the Stewart Army Subpost water distribution system.
(B) Any equipment, fixtures, structures, or other improvements
(including any water transmission lines, water distribution and
service lines, fire hydrants, water pumping stations, and other
improvements) not located on the parcel described in subparagraph
(A) that are owned and utilized by the Federal Government in order
to provide water to and distribute water at Stewart Army Subpost.
(b) Related Easements.--The Secretary may grant to the Town the
following easements relating to the conveyance of the property
authorized by subsection (a):
(1) Such easements, if any, as the Secretary and the Town
jointly determine are necessary in order to provide access to the
water distribution system referred to in paragraph (2) of such
subsection for maintenance, safety, and other purposes.
(2) Such rights of way appurtenant, if any, as the Secretary and
the Town jointly determine are necessary in order to satisfy
requirements imposed by any Federal or State agency relating to the
maintenance of a buffer zone around the water distribution system.
(c) Requirements Relating to Conveyance.--(1) The Secretary may not
carry out the conveyance of the water distribution system authorized in
subsection (a) unless the Town agrees to accept the system in its
existing condition at the time of the conveyance.
(2) The Secretary shall complete any environmental removal or
remediation required under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) with
respect to the facility conveyed under this section before carrying out
the conveyance.
(d) Conditions.--The conveyance authorized in subsection (a) shall
be subject to the following conditions:
(1) That the Town provide water to and distribute water at
Stewart Army Subpost at a rate that is no less favorable than the
rate the Town would charge a public or private entity similar to
Stewart Army Subpost for the provision and distribution of water.
(2) That the Town operate the water distribution system in
compliance with all applicable Federal and State environmental laws
and regulations (including any permit and license requirements).
(3) That the Town not commence any expansion of the water
distribution system without approval of such expansion by the
commander of Stewart Army Subpost.
(e) Fair Market Value.--The Secretary shall ensure that the value to
the Army of the actions taken by the Town in accordance with subsection
(d) is at least equal to the fair market value of the water distribution
system conveyed pursuant to subsection (a).
(f) Reversion.--If the Secretary determines at any time that the
Town is not complying with the conditions specified in subsection (d),
all right, title, and interest of the Town in and to the property
(including the water distribution system) conveyed pursuant to
subsection (a), including any improvements thereto and any modifications
made to the water distribution system by the Town after such conveyance,
shall revert to the United States and the United States shall have the
right of immediate entry thereon, including the right of access to and
operation of the water distribution system.
(g) Description of Property.--The exact legal description of the
property to be conveyed under subsection (a), and of any easements
granted under subsection (b), shall be determined in a manner, including
by survey, satisfactory to the Secretary. The cost of any survey or
other services performed at the direction of the Secretary pursuant to
the authority in the preceding sentence, shall be borne by the Town.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
authorized under subsection (a) and the easements granted under
subsection (b) that the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2845. CONVEYANCE OF ELECTRIC POWER DISTRIBUTION SYSTEM, NAVAL AIR
STATION, ALAMEDA, CALIFORNIA.
(a) Authority To Convey.--(1) The Secretary of the Navy may convey
to the Bureau of Electricity of the City of Alameda, California (in this
section referred to as the ``Bureau''), all right, title, and interest
of the United States in and to the electric power distribution system
described in paragraph (2). The actual conveyance of the system shall be
subject to negotiation by and approval of the Secretary.
(2) The electric power distribution system referred to in paragraph
(1) is the electric power distribution system located at the Naval Air
Station, Alameda, California, including such utility easements and right
of ways as the Secretary and the Bureau consider to be necessary or
appropriate to provide for ingress to and egress from the electric power
distribution system.
(b) Requirement Relating to Conveyance.--The Secretary may not carry
out the conveyance of the electric power distribution system authorized
by subsection (a) unless the Bureau agrees to accept the system in its
existing condition at the time of the conveyance.
(c) Conditions.--The conveyance of the electric power distribution
system authorized in subsection (a) shall be subject to the following
conditions:
(1) That the Bureau provide electric power to the Naval Air
Station at a rate that is no less favorable than the rate the Bureau
would charge a public or private consumer of electricity similar to
the Naval Air Station for the provision and distribution of
electricity.
(2) That the Bureau comply with all applicable environmental
laws and regulations, including any permit or license requirements,
in providing and distributing electricity at the Naval Air Station
through the electric power distribution system.
(3) That the Bureau not commence any expansion of the electric
power distribution system without the approval of the expansion by
the Secretary.
(4) That the Bureau assume the responsibility for ownership,
operation, maintenance, repair, and safety inspections for the
electric power distribution system.
(d
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) Fair Market Value.--The Secretary shall ensure that the value to
the Navy of the actions taken by the Bureau in accordance with
subsection (c) is at least equal to the fair market value of the
electric power distribution system conveyed pursuant to subsection (a).
(e) Reversion.--If the Secretary determines at any time that the
Bureau is not complying with the conditions specified in subsection (c),
all right, title, and interest of the Bureau in and to the electric
power distribution system conveyed pursuant to subsection (a), including
any improvements or modifications to the system, shall revert to the
United States and the United States shall have the right of immediate
access to the system, including the right to operate the system.
(f) Description of Property.--The exact legal description of the
electric power distribution system to be conveyed pursuant to subsection
(a), including any easements granted as part of the conveyance, shall be
determined in a manner, including by survey, satisfactory to the
Secretary. The cost of any survey or other services performed at the
direction of the Secretary pursuant to the authority in the preceding
sentence shall be borne by the Bureau.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) and the grant of any easement as part of the conveyance
as the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2846. CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM, FORT DIX, NEW
JERSEY.
(a) Authority To Convey.--(1) The Secretary of the Army may convey
to the Jersey Central Power and Light Company, New Jersey (in this
section referred to as ``Jersey Central''), all right, title, and
interest of the United States in and to the electricity distribution
system described in paragraph (2).
(2) The electricity distribution system referred to in paragraph (1)
is the electricity distribution system located at Fort Dix, New Jersey,
consisting of approximately 145.6 miles of electricity distribution
lines, as well as electricity poles, transformers, electricity
substations, and other electricity distribution improvements owned and
utilized by the Federal Government in order to provide electricity to
and distribute electricity at Fort Dix. The electricity distribution
system does not include any real property.
(b) Related Easements.--The Secretary may grant to Jersey Central
the following easements relating to the conveyance of the electricity
distribution system authorized by subsection (a):
(1) Such easements, if any, as the Secretary and Jersey Central
jointly determine are necessary in order to provide for the access
by Jersey Central to the electricity distribution system for
maintenance, safety, and related purposes.
(2) Such rights of way appurtenant, if any, as the Secretary and
Jersey Central jointly determine are necessary in order to satisfy
the requirements imposed by any Federal or State agency relating to
the maintenance of a buffer zone around the electricity distribution
system.
(c) Requirement Relating to Conveyance.--The Secretary may not carry
out the conveyance of the electricity distribution system authorized by
subsection (a) unless Jersey Central agrees to accept the system in its
existing condition at the time of the conveyance.
(d) Conditions.--The conveyance of the electricity distribution
system authorized in subsection (a) shall be subject to the following
conditions:
(1) That Jersey Central provide electricity to and distribute
electricity at Fort Dix at a rate that is no less favorable than the
rate Jersey Central would charge a public or private consumer of
electricity similar to Fort Dix for the provision and distribution
of electricity.
(2) That Jersey Central carry out safety upgrades to permit the
distribution system to carry electricity at up to 13,800 volts.
(3) That Jersey Central improve the electricity distribution
system by installing additional lightning protection devices in such
a manner as to permit the installation of air conditioning in family
housing units.
(4) That Jersey Central maintain and repair, and conduct safety
inspections and power factor surveys, of the electricity
distribution system.
(5) That Jersey Central comply with all applicable environmental
laws and regulations (including any permit or license requirements)
in providing and distributing electricity at Fort Dix through the
electricity distribution system.
(6) That Jersey Central not commence any expansion of the
electricity distribution system without approval of such expansion
by the commander of Fort Dix.
(e) Fair Market Value.--The Secretary shall ensure that the value to
the Army of the actions taken by Jersey Central in accordance with
subsection (d) is at least equal to the fair market value of the
electricity distribution system conveyed pursuant to subsection (a).
(f) Reversion.--If the Secretary determines at any time that Jersey
Central is not complying with the conditions specified in subsection
(d), all right, title, and interest of Jersey Central in and to the
electrical distribution system conveyed pursuant to subsection (a),
including any improvements thereto and any modifications made to the
system by Jersey Central after such conveyance, and any easements
granted under subsection (b), shall revert to the United States and the
United States shall have the right of immediate entry thereon, including
the right to operate the electricity distribution system.
(g) Description of Property.--The exact legal description of the
electricity distribution system to be conveyed pursuant to subsection
(a), and of any easements granted under subsection (b), shall be
determined in a manner, including by survey, satisfactory to the
Secretary. The cost of any survey or other services performed at the
direction of the Secretary pursuant to the authority in the preceding
sentence shall be borne by Jersey Central.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) and the grant of any easement under subsection (b) as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2847. LEASE AND JOINT USE OF CERTAIN REAL PROPERTY, MARINE CORPS
BASE, CAMP PENDLETON, CALIFORNIA.
(a) Lease Authorized.--The Secretary of the Navy may lease to Tri-
Cities Municipal Water District, a special governmental district of the
State of California (in the section referred to as the ``District''),
such interests in real property located on, under, and within the
northern portion of the Marine Corps Base, Camp Pendleton, California,
as the Secretary determines to be necessary for the District to develop,
operate, and maintain water extraction and distribution facilities for
the mutual benefit of the District and Camp Pendleton. The lease may be
for a period of up to 50 years, or such additional period as the
Secretary determines to be in the interests of the United States.
(b) Consideration.--As consideration for the lease of real property
under subsection (a), the District shall--
(1) construct, operate, and maintain such improvements as are
necessary to fully develop the potential of the lower San Mateo
Water Basin for sustained yield and storage of imported water for
the joint benefit of the District and Camp Pendleton;
(2) assume operating and maintenance responsibilities for the
existing water extraction, storage, distribution, and related
infrastructure within the northern portion of Camp Pendleton; and
(3) pay to the United States, in the form of cash or additional
services, an amount equal to the amount, if any, by which the fair
market value of the real property interests leased under subsection
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(a) exceeds the fair market value of the services provided under
paragraphs (1) and (2).
(c) Determination of Fair Market Value.--The Secretary shall
establish a system of accounts to establish the relative costs and
benefits accruing to the District and the United States under the lease
under subsection (a) and to ensure that the United States receives at
least fair market value for such lease, as determined by an independent
appraisal acceptable to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the lease under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle E--Other Matters
SEC. 2851. CONVEYANCE OF REAL PROPERTY AT MISSILE SITES TO ADJACENT
LANDOWNERS.
(a) Exercise of Authority by Administrator of GSA.--Section 9781 of
title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking out ``Secretary of the Air
Force'' and inserting in lieu thereof ``Administrator of General
Services'';
(2) in subsection (c), by striking out ``Secretary'' and
inserting in lieu thereof ``Administrator'';
(3) in subsection (e)--
(A) by striking out ``Secretary'' the first place it appears
and inserting in lieu thereof ``Secretary of the Air Force'';
and
(B) by striking out ``Secretary'' the second place it
appears and inserting in lieu thereof ``Administrator''; and
(4) in subsection (f), by striking out ``Secretary'' and
inserting in lieu thereof ``Administrator''.
(b) Eligible Lands.--Subsection (a)(2) of such section is amended by
striking out subparagraph (D) and inserting in lieu thereof the
following new subparagraph:
``(D) is surrounded by lands that are adjacent to such tract and
that--
``(i) are owned in fee simple by one owner, either
individually or by more than one person jointly, in common, or
by the entirety; or
``(ii) are owned separately by two or more owners.''.
(c) Disposition.--Subsection (b) of such section is amended to read
as follows:
``(b)(1)(A) Whenever the interest of the United States in a tract of
real property or easement referred to in subsection (a) is available for
disposition under this section, the Administrator shall transmit a
notice of the availability of the real property or easement to each
person described in subsection (a)(2)(D)(i) who owns lands adjacent to
that real property or easement.
``(B) The Administrator shall convey, for fair market value, the
interest of the United States in a tract of land referred to in
subsection (a), or in any easement in connection with such a tract of
land, to any person or persons described in subsection (a)(2)(D)(i) who,
with respect to such land, are ready, willing, and able to purchase such
interest for the fair market value of such interest.
``(2)(A) In the case of a tract of real property referred to in
subsection (a) that is surrounded by adjacent lands that are owned
separately by two or more owners, the Administrator shall dispose of
that tract of real property in accordance with this paragraph. In
disposing of the real property, the Administrator shall satisfy the
requirements specified in paragraph (1) regarding notice to owners, sale
at fair market value, and the determination of the qualifications of the
purchaser.
``(B) The Administrator shall dispose of such a tract of real
property through a sealed bid competitive sale. The Administrator shall
afford an opportunity to compete to acquire the interest of the United
States in the real property to all of the persons described in
subsection (a)(2)(D)(ii) who own lands adjacent to that real property.
The Administrator shall restrict to these persons the opportunity to
compete in the sealed bid competitive sale.
``(C) Subject to subparagraph (D), the Administrator shall convey
the interest of the United States in the tract of real property to the
highest bidder.
``(D) If all of the bids received by the Administrator in the sealed
bid competitive sale of the tract of real property are less than the
fair market value of the real property, the Administrator shall dispose
of the real property in accordance with the provisions of title II of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
481 et seq.).''.
SEC. 2852. PROHIBITION ON USE OF FUNDS FOR PLANNING AND DESIGN OF
DEPARTMENT OF DEFENSE VACCINE PRODUCTION FACILITY.
(a) Prohibition.--None of the funds authorized to be appropriated
for the Department of Defense for fiscal year 1994 may be obligated for
architectural and engineering services or for construction design in
connection with the Department of Defense vaccine production facility.
(b) Report.--Not later than February 1, 1994, the Secretary of
Defense, in consultation with the Secretary of the Army, shall submit to
the congressional defense committees a report containing a complete
explanation of the necessity for constructing within the United States a
Department of Defense facility for the production of vaccine for the
Department of Defense.
SEC. 2853. GRANT RELATING TO ELEMENTARY SCHOOL FOR DEPENDENTS OF
DEPARTMENT OF DEFENSE PERSONNEL, FORT BELVOIR, VIRGINIA.
(a) Grant Authorized.--The Secretary of the Army may make a grant to
the Fairfax County School Board, Virginia, in order to assist the School
Board in constructing a public elementary school facility, to be owned
and operated by the School Board, in the vicinity of Fort Belvoir,
Virginia.
(b) Capacity Requirement.--The school facility constructed with the
grant made under subsection (a) shall be sufficient (as determined by
the Secretary) to accommodate the dependents of members of the Armed
Forces assigned to duty at Fort Belvoir and the dependents of employees
of the Department of Defense employed at Fort Belvoir.
(c) Maximum Amount of Grant.--The amount of the grant under this
section may not exceed $8,000,000.
(d) Requirements Relating to Construction of School.--(1) The
Fairfax County School Board shall establish the design and function
specifications applicable to the elementary school facility constructed
with the grant made under this section.
(2) The Fairfax County School Board shall be responsible for
soliciting bids and awarding contracts for the construction of the
school facility and shall undertake responsibility for the timely
construction of the school facility under such contracts.
(e) Additional Terms and Conditions.--The Secretary may require any
additional terms and conditions in connection with the grant authorized
under subsection (a) that the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2854. ALLOTMENT OF SPACE IN FEDERAL BUILDINGS TO CREDIT UNIONS.
Section 124 of the Federal Credit Union Act (12 U.S.C. 1770) is
amended in the first sentence--
(1) by striking out ``at least 95 per centum'' and all that
follows through ``and the members of their families,''; and
(2) by striking out ``allot space to such credit union'' and all
that follows through the period and inserting in lieu thereof
``allot space to such credit union without charge for rent or
services if at least 95 percent of the membership of the credit
union to be served by the allotment of space is composed of persons
who either are presently Federal employees or were Federal employees
at the time of admission into the credit union, and members of their
families, and if space is available.''.
SEC. 2855. FLOOD CONTROL PROJECT FOR COYOTE AND BERRYESSA CREEKS,
CALIFORNIA.
(a) Coyote and Berryessa Creeks, Santa Clara County, California.--
The Secretary of the Army is directed to construct a flood control
project for Coyote and Berryessa Creeks in Santa Clara County,
California, using amounts appropriated for civil works activities of the
Corps of Engineers fo
2000
r fiscal year 1994.
(b) Maximum Cost Requirement.--Section 902 of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat. 4183) shall not
apply with respect to the project described in subsection (a).
SEC. 2856. RESTRICTIONS ON LAND TRANSACTIONS RELATING TO THE PRESIDIO OF
SAN FRANCISCO, CALIFORNIA.
The Secretary of Defense (or the Secretary of the Army as the
designee of the Secretary of Defense) may not transfer any parcel of
real property (or any improvement thereon) located at the Presidio of
San Francisco, California, from the jurisdiction and control of the
Department of the Army to the jurisdiction and control of the Department
of the Interior unless and until--
(1) the Secretary of the Army determines that the parcel
proposed for transfer is excess to the needs of the Army; and
(2) the Secretary of Defense submits to the Committees on Armed
Services of the Senate and House of Representatives a report
describing the terms and conditions--
(A) under which transfers of real property at the Presidio
will take place; and
(B) under which the Army will continue to use facilities at
the Presidio after such transfers.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
Subtitle A--Base Closure Community Assistance
SEC. 2901. FINDINGS.
Congress makes the following findings:
(1) The closure and realignment of military installations within
the United States is a necessary consequence of the end of the Cold
War and of changed United States national security requirements.
(2) A military installation is a significant source of
employment for many communities, and the closure or realignment of
an installation may cause economic hardship for such communities.
(3) It is in the interest of the United States that the Federal
Government facilitate the economic recovery of communities that
experience adverse economic circumstances as a result of the closure
or realignment of a military installation.
(4) It is in the interest of the United States that the Federal
Government assist communities that experience adverse economic
circumstances as a result of the closure of military installations
by working with such communities to identify and implement means of
reutilizing or redeveloping such installations in a beneficial
manner or of otherwise revitalizing such communities and the
economies of such communities.
(5) The Federal Government may best identify and implement such
means by requiring that the head of each department or agency of the
Federal Government having jurisdiction over a matter arising out of
the closure of a military installation under a base closure law, or
the reutilization and redevelopment of such an installation,
designate for each installation to be closed an individual in such
department or agency who shall provide information and assistance to
the transition coordinator for the installation designated under
section 2915 on the assistance, programs, or other activities of
such department or agency with respect to the closure or
reutilization and redevelopment of the installation.
(6) The Federal Government may also provide such assistance by
accelerating environmental restoration at military installations to
be closed, and by closing such installations, in a manner that best
ensures the beneficial reutilization and redevelopment of such
installations by such communities.
(7) The Federal Government may best contribute to such
reutilization and redevelopment by making available real and
personal property at military installations to be closed to
communities affected by such closures on a timely basis, and, if
appropriate, at less than fair market value.
SEC. 2902. PROHIBITION ON TRANSFER OF CERTAIN PROPERTY LOCATED AT
MILITARY INSTALLATIONS TO BE CLOSED.
(a) Closures Under 1988 Act.--(1) Section 204(b) of the Defense
Authorization Amendments and Base Closure and Realignment Act (title II
of Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(A) in paragraph (2)(E), by striking out ``paragraphs (3) and
(4)'' and inserting in lieu thereof ``paragraphs (3) through (6)'';
(B) by redesignating paragraph (4) as paragraph (7); and
(C) by striking out paragraph (3) and inserting in lieu thereof
the following new paragraph (3):
``(3)(A) Not later than 6 months after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 1994, the
Secretary, in consultation with the redevelopment authority with respect
to each military installation to be closed under this title after such
date of enactment, shall--
``(i) inventory the personal property located at the
installation; and
``(ii) identify the items (or categories of items) of such
personal property that the Secretary determines to be related to
real property and anticipates will support the implementation of the
redevelopment plan with respect to the installation.
``(B) If no redevelopment authority referred to in subparagraph (A)
exists with respect to an installation, the Secretary shall consult
with--
``(i) the local government in whose jurisdiction the
installation is wholly located; or
``(ii) a local government agency or State government agency
designated for the purpose of such consultation by the chief
executive officer of the State in which the installation is located.
``(C)(i) Except as provided in subparagraphs (E) and (F), the
Secretary may not carry out any of the activities referred to in clause
(ii) with respect to an installation referred to in that clause until
the earlier of--
``(I) one week after the date on which the redevelopment plan
for the installation is submitted to the Secretary;
``(II) the date on which the redevelopment authority notifies
the Secretary that it will not submit such a plan;
``(III) twenty-four months after the date referred to in
subparagraph (A); or
``(IV) ninety days before the date of the closure of the
installation.
``(ii) The activities referred to in clause (i) are activities
relating to the closure of an installation to be closed under this title
as follows:
``(I) The transfer from the installation of items of personal
property at the installation identified in accordance with
subparagraph (A).
``(II) The reduction in maintenance and repair of facilities or
equipment located at the installation below the minimum levels
required to support the use of such facilities or equipment for
nonmilitary purposes.
``(D) Except as provided in paragraph (4), the Secretary may not
transfer items of personal property located at an installation to be
closed under this title to another installation, or dispose of such
items, if such items are identified in the redevelopment plan for the
installation as items essential to the reuse or redevelopment of the
installation.
``(E) This paragraph shall not apply to any related personal
property located at an installation to be closed under this title if the
property--
``(i) is required for the operation of a unit, function,
component, weapon, or weapons system at another installation;
``(ii) is uniquely military in character, and is likely to have
no civilian use (other than use for its material content or as a
source of commonly used components);
``(iii) is not required for the reutilization or redevelopment
of the installation (as jointly determined by the Secretary and the
redevelopment authority);
``(iv) is stored at the installation for purposes of
distribution (including spare parts or stock items); or
``(v)(I) meets known requirements of an authorized program of
another Federal department or agency for which expenditures for
s
2000
imilar property would be necessary, and (II) is the subject of a
written request by the head of the department or agency.
``(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary
may carry out any activity referred to in subparagraph (C)(ii) or (D) if
the Secretary determines that the carrying out of such activity is in
the national security interest of the United States.''.
(2) Section 204(b)(7)(A)(ii) of such Act, as redesignated by
paragraph (1)(B), is amended by striking out ``paragraph (3)'' and
inserting in lieu thereof ``paragraphs (3) through (6)''.
(b) Closures Under 1990 Act.--Section 2905(b) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) in paragraph (2)(A), by inserting ``and paragraphs (3), (4),
(5), and (6)'' after ``Subject to subparagraph (C)''; and
(2) by adding at the end the following:
``(3)(A) Not later than 6 months after the date of approval of the
closure of a military installation under this part, the Secretary, in
consultation with the redevelopment authority with respect to the
installation, shall--
``(i) inventory the personal property located at the
installation; and
``(ii) identify the items (or categories of items) of such
personal property that the Secretary determines to be related to
real property and anticipates will support the implementation of the
redevelopment plan with respect to the installation.
``(B) If no redevelopment authority referred to in subparagraph (A)
exists with respect to an installation, the Secretary shall consult
with--
``(i) the local government in whose jurisdiction the
installation is wholly located; or
``(ii) a local government agency or State government agency
designated for the purpose of such consultation by the chief
executive officer of the State in which the installation is located.
``(C)(i) Except as provided in subparagraphs (E) and (F), the
Secretary may not carry out any of the activities referred to in clause
(ii) with respect to an installation referred to in that clause until
the earlier of--
``(I) one week after the date on which the redevelopment plan
for the installation is submitted to the Secretary;
``(II) the date on which the redevelopment authority notifies
the Secretary that it will not submit such a plan;
``(III) twenty-four months after the date of approval of the
closure of the installation; or
``(IV) ninety days before the date of the closure of the
installation.
``(ii) The activities referred to in clause (i) are activities
relating to the closure of an installation to be closed under this part
as follows:
``(I) The transfer from the installation of items of personal
property at the installation identified in accordance with
subparagraph (A).
``(II) The reduction in maintenance and repair of facilities or
equipment located at the installation below the minimum levels
required to support the use of such facilities or equipment for
nonmilitary purposes.
``(D) Except as provided in paragraph (4), the Secretary may not
transfer items of personal property located at an installation to be
closed under this part to another installation, or dispose of such
items, if such items are identified in the redevelopment plan for the
installation as items essential to the reuse or redevelopment of the
installation.
``(E) This paragraph shall not apply to any personal property
located at an installation to be closed under this part if the
property--
``(i) is required for the operation of a unit, function,
component, weapon, or weapons system at another installation;
``(ii) is uniquely military in character, and is likely to have
no civilian use (other than use for its material content or as a
source of commonly used components);
``(iii) is not required for the reutilization or redevelopment
of the installation (as jointly determined by the Secretary and the
redevelopment authority);
``(iv) is stored at the installation for purposes of
distribution (including spare parts or stock items); or
``(v)(I) meets known requirements of an authorized program of
another Federal department or agency for which expenditures for
similar property would be necessary, and (II) is the subject of a
written request by the head of the department or agency.
``(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary
may carry out any activity referred to in subparagraph (C)(ii) or (D) if
the Secretary determines that the carrying out of such activity is in
the national security interest of the United States.''.
(c) Applicability.--For the purposes of section 2905(b)(3) of the
Defense Base Closure and Realignment Act of 1990, as added by subsection
(b), the date of approval of closure of any installation approved for
closure before the date of the enactment of this Act shall be deemed to
be the date of the enactment of this Act.
SEC. 2903. AUTHORITY TO TRANSFER PROPERTY AT CLOSED INSTALLATIONS TO
AFFECTED COMMUNITIES AND STATES.
(a) Authority Under 1988 Act.--Section 204(b) of the Defense
Authorization Amendments and Base Closure and Realignment Act (title II
of Public Law 100-526; 10 U.S.C. 2687 note), as amended by section
2902(a), is further amended by adding after paragraph (3), as so added,
the following:
``(4)(A) The Secretary may transfer real property and personal
property located at a military installation to be closed under this
title to the redevelopment authority with respect to the installation.
``(B)(i)(I) Except as provided in clause (ii), the transfer of
property under subparagraph (A) may be for consideration at or below the
estimated fair market value of the property transferred or without
consideration. Such consideration may include consideration in kind
(including goods and services), real property and improvements, or such
other consideration as the Secretary considers appropriate. The
Secretary shall determine the estimated fair market value of the
property to be transferred under this subparagraph before carrying out
such transfer.
``(II) The Secretary shall prescribe regulations that set forth
guidelines for determining the amount, if any, of consideration required
for a transfer under this paragraph. Such regulations shall include a
requirement that, in the case of each transfer under this paragraph for
consideration below the estimated fair market value of the property
transferred, the Secretary provide an explanation why the transfer is
not for the estimated fair market value of the property transferred
(including an explanation why the transfer cannot be carried out in
accordance with the authority provided to the Secretary pursuant to
paragraph (1) or (2)).
``(ii) The transfer of property under subparagraph (A) shall be
without consideration in the case of any installation located in a rural
area whose closure under this title will have a substantial adverse
impact (as determined by the Secretary) on the economy of the
communities in the vicinity of the installation and on the prospect for
the economic recovery of such communities from such closure. The
Secretary shall prescribe in the regulations under clause (i)(II) the
manner of determining whether communities are eligible for the transfer
of property under this clause.
``(iii) In the case of a transfer under subparagraph (A) for
consideration below the fair market value of the property transferred,
the Secretary may recoup from the transferee of such property such
portion as the Secretary determines appropriate of the amount, if any,
by which the sale or lease of such property by such transferee exceeds
the amount of consideration paid to the Secretary for such property by
such transferee. The Secretary shall prescribe regulations for
determining the amount of recoupment under this clause.
``(C)(i)
2000
The transfer of personal property under subparagraph (A)
shall not be subject to the provisions of sections 202 and 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483,
484) if the Secretary determines that the transfer of such property is
necessary for the effective implementation of a redevelopment plan with
respect to the installation at which such property is located.
``(ii) The Secretary may, in lieu of the transfer of property
referred to in subparagraph (A), transfer personal property similar to
such property (including property not located at the installation) if
the Secretary determines that the transfer of such similar property is
in the interest of the United States.
``(D) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to any transfer of real property under this
paragraph.
``(E) The Secretary may require any additional terms and conditions
in connection with a transfer under this paragraph as such Secretary
considers appropriate to protect the interests of the United States.''.
(b) Authority Under 1990 Act.--Section 2905(b) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), as amended by section 2902(b), is further
amended by adding at the end the following:
``(4)(A) The Secretary may transfer real property and personal
property located at a military installation to be closed under this part
to the redevelopment authority with respect to the installation.
``(B)(i)(I) Except as provided in clause (ii), the transfer of
property under subparagraph (A) may be for consideration at or below the
estimated fair market value of the property transferred or without
consideration. Such consideration may include consideration in kind
(including goods and services), real property and improvements, or such
other consideration as the Secretary considers appropriate. The
Secretary shall determine the estimated fair market value of the
property to be transferred under this subparagraph before carrying out
such transfer.
``(II) The Secretary shall prescribe regulations that set forth
guidelines for determining the amount, if any, of consideration required
for a transfer under this paragraph. Such regulations shall include a
requirement that, in the case of each transfer under this paragraph for
consideration below the estimated fair market value of the property
transferred, the Secretary provide an explanation why the transfer is
not for the estimated fair market value of the property transferred
(including an explanation why the transfer cannot be carried out in
accordance with the authority provided to the Secretary pursuant to
paragraph (1) or (2)).
``(ii) The transfer of property under subparagraph (A) shall be
without consideration in the case of any installation located in a rural
area whose closure under this part will have a substantial adverse
impact (as determined by the Secretary) on the economy of the
communities in the vicinity of the installation and on the prospect for
the economic recovery of such communities from such closure. The
Secretary shall prescribe in the regulations under clause (i)(II) the
manner of determining whether communities are eligible for the transfer
of property under this clause.
``(iii) In the case of a transfer under subparagraph (A) for
consideration below the fair market value of the property transferred,
the Secretary may recoup from the transferee of such property such
portion as the Secretary determines appropriate of the amount, if any,
by which the sale or lease of such property by such transferee exceeds
the amount of consideration paid to the Secretary for such property by
such transferee. The Secretary shall prescribe regulations for
determining the amount of recoupment under this clause.
``(C)(i) The transfer of personal property under subparagraph (A)
shall not be subject to the provisions of sections 202 and 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483,
484) if the Secretary determines that the transfer of such property is
necessary for the effective implementation of a redevelopment plan with
respect to the installation at which such property is located.
``(ii) The Secretary may, in lieu of the transfer of property
referred to in subparagraph (A), transfer property similar to such
property (including property not located at the installation) if the
Secretary determines that the transfer of such similar property is in
the interest of the United States.
``(D) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to any transfer of real property under this
paragraph.
``(E) The Secretary may require any additional terms and conditions
in connection with a transfer under this paragraph as such Secretary
considers appropriate to protect the interests of the United States.''.
(c) Consideration of Economic Needs.--In order to maximize the local
and regional benefit from the reutilization and redevelopment of
military installations that are closed, or approved for closure,
pursuant to the operation of a base closure law, the Secretary of
Defense shall consider locally and regionally delineated economic
development needs and priorities into the process by which the Secretary
disposes of real property and personal property as part of the closure
of a military installation under a base closure law. In determining such
needs and priorities, the Secretary shall take into account the
redevelopment plan developed for the military installation involved. The
Secretary shall ensure that the needs of the homeless in the communities
affected by the closure of such installations are taken into
consideration in the redevelopment plan with respect to such
installations.
(d) Cooperation.--The Secretary of Defense shall cooperate with the
State in which a military installation referred to in subsection (c) is
located, with the redevelopment authority with respect to the
installation, and with local governments and other interested persons in
communities located near the installation in implementing the entire
process of disposal of the real property and personal property at the
installation.
SEC. 2904. EXPEDITED DETERMINATION OF TRANSFERABILITY OF EXCESS PROPERTY
OF INSTALLATIONS TO BE CLOSED.
(a) Determinations Under 1988 Act.--Section 204(b) of the Defense
Authorization Amendments and Base Closure and Realignment Act (title II
of Public Law 100-526; 10 U.S.C. 2687 note), as amended by section
2903(a), is further amended by adding after paragraph (4), as so added,
the following:
``(5)(A) Except as provided in subparagraph (B), the Secretary shall
take such actions as the Secretary determines necessary to ensure that
final determinations under subsection (b)(1) regarding whether another
department or agency of the Federal Government has identified a use for
any portion of a military installation to be closed under this title
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 1994, or will accept transfer of any portion of such
installation, are made not later than 6 months after such date of
enactment.
``(B) The Secretary may, in consultation with the redevelopment
authority with respect to an installation, postpone making the final
determinations referred to in subparagraph (A) with respect to the
installation for such period as the Secretary determines appropriate if
the Secretary determines that such postponement is in the best interests
of the communities affected by the closure of the installation.''.
(b) Determinations Under 1990 Act.--Section 2905(b) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note), as amended by section 2903(b), is
further amended by adding at the end the following:
2000
``(5)(A) Except as provided in subparagraph (B), the Secretary shall
take such actions as the Secretary determines necessary to ensure that
final determinations under subsection (b)(1) regarding whether another
department or agency of the Federal Government has identified a use for
any portion of a military installation to be closed under this part, or
will accept transfer of any portion of such installation, are made not
later than 6 months after the date of approval of closure of that
installation.
``(B) The Secretary may, in consultation with the redevelopment
authority with respect to an installation, postpone making the final
determinations referred to in subparagraph (A) with respect to the
installation for such period as the Secretary determines appropriate if
the Secretary determines that such postponement is in the best interests
of the communities affected by the closure of the installation.''.
(c) Applicability.--The Secretary of Defense shall make the
determinations required under section 2905(b)(5) of the Defense Base
Closure and Realignment Act of 1990, as added by subsection (b), in the
case of installations approved for closure under such Act before the
date of the enactment of this Act, not later than 6 months after the
date of the enactment of this Act.
SEC. 2905. AVAILABILITY OF PROPERTY FOR ASSISTING THE HOMELESS.
(a) Availability of Property Under 1988 Act.--Section 204(b) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100-526; 10 U.S.C. 2687 note), as amended by
section 2904(a), is further amended by adding after paragraph (5), as so
added, the following:
``(6)(A) Except as provided in this paragraph, nothing in this
section shall limit or otherwise affect the application of the
provisions of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11301 et seq.) to military installations closed under this title.
``(B)(i) Not later than the date on which the Secretary of Defense
completes the determination under paragraph (5) of the transferability
of any portion of an installation to be closed under this title, the
Secretary shall--
``(I) complete any determinations or surveys necessary to
determine whether any building or property referred to in clause
(ii) is excess property, surplus property, or unutilized or
underutilized property for the purpose of the information referred
to in section 501(a) of such Act (42 U.S.C. 11411(a)); and
``(II) submit to the Secretary of Housing and Urban Development
information on any building or property that is so determined.
``(ii) The buildings and property referred to in clause (i) are any
buildings or property located at an installation referred to in that
clause for which no use is identified, or of which no Federal department
or agency will accept transfer, pursuant to the determination of
transferability referred to in that clause.
``(C) Not later than 60 days after the date on which the Secretary
of Defense submits information to the Secretary of Housing and Urban
Development under subparagraph (B)(ii), the Secretary of Housing and
Urban Development shall--
``(i) identify the buildings and property described in such
information that are suitable for use to assist the homeless;
``(ii) notify the Secretary of Defense of the buildings and
property that are so identified;
``(iii) publish in the Federal Register a list of the buildings
and property that are so identified, including with respect to each
building or property the information referred to in section
501(c)(1)(B) of such Act; and
``(iv) make available with respect to each building and property
the information referred to in section 501(c)(1)(C) of such Act in
accordance with such section 501(c)(1)(C).
``(D) Any buildings and property included in a list published under
subparagraph (C)(iii) shall be treated as property available for
application for use to assist the homeless under section 501(d) of such
Act.
``(E) The Secretary of Defense shall make available in accordance
with section 501(f) of such Act any buildings or property referred to in
subparagraph (D) for which--
``(i) a written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act;
``(ii) an application for use of such buildings or property for
such purpose is submitted to the Secretary of Health and Human
Services in accordance with section 501(e)(2) of such Act; and
``(iii) the Secretary of Health and Human Services--
``(I) completes all actions on the application in accordance
with section 501(e)(3) of such Act; and
``(II) approves the application under section 501(e) of such
Act.
``(F)(i) Subject to clause (ii), a redevelopment authority may
express in writing an interest in using buildings and property referred
to in subparagraph (D), or use such buildings and property, in
accordance with the redevelopment plan with respect to the installation
at which such buildings and property are located as follows:
``(I) If no written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act during the 60-day period beginning on the date of the
publication of the buildings and property under subparagraph
(C)(iii).
``(II) In the case of buildings and property for which such
notice is so received, if no completed application for use of the
buildings or property for such purpose is received by the Secretary
of Health and Human Services in accordance with section 501(e)(2) of
such Act during the 90-day period beginning on the date of the
receipt of such notice.
``(III) In the case of building and property for which such
application is so received, if the Secretary of Health and Human
Services rejects the application under section 501(e) of such Act.
``(ii) Buildings and property shall be available only for the
purpose of permitting a redevelopment authority to express in writing an
interest in the use of such buildings and property, or to use such
buildings and property, under clause (i) as follows:
``(I) In the case of buildings and property referred to in
clause (i)(I), during the one-year period beginning on the first day
after the 60-day period referred to in that clause.
``(II) In the case of buildings and property referred to in
clause (i)(II), during the one-year period beginning on the first
day after the 90-day period referred to in that clause.
``(III) In the case of buildings and property referred to in
clause (i)(III), during the one-year period beginning on the date of
the rejection of the application referred to in that clause.
``(iii) A redevelopment authority shall express an interest in the
use of buildings and property under this subparagraph by notifying the
Secretary of Defense, in writing, of such an interest.
``(G)(i) Buildings and property available for a redevelopment
authority under subparagraph (F) shall not be available for use to
assist the homeless under section 501 of such Act while so available for
a redevelopment authority.
``(ii) If a redevelopment authority does not express an interest in
the use of buildings or property, or commence the use of buildings or
property, under subparagraph (F) within the applicable time periods
specified in clause (ii) of such subparagraph, such buildings or
property shall be treated as property available for use to assist the
homeless under section 501(a) of such Act.''.
(b) Availability of Property Under 1990 Act.--Section 2905(b) of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note)
2000
, as amended by section
2904(b), is further amended by adding at the end the following:
``(6)(A) Except as provided in this paragraph, nothing in this
section shall limit or otherwise affect the application of the
provisions of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11301 et seq.) to military installations closed under this part.
``(B)(i) Not later than the date on which the Secretary of Defense
completes the determination under paragraph (5) of the transferability
of any portion of an installation to be closed under this part, the
Secretary shall--
``(I) complete any determinations or surveys necessary to
determine whether any building or property referred to in clause
(ii) is excess property, surplus property, or unutilized or
underutilized property for the purpose of the information referred
to in section 501(a) of such Act (42 U.S.C. 11411(a)); and
``(II) submit to the Secretary of Housing and Urban Development
information on any building or property that is so determined.
``(ii) The buildings and property referred to in clause (i) are any
buildings or property located at an installation referred to in that
clause for which no use is identified, or of which no Federal department
or agency will accept transfer, pursuant to the determination of
transferability referred to in that clause.
``(C) Not later than 60 days after the date on which the Secretary
of Defense submits information to the Secretary of Housing and Urban
Development under subparagraph (B)(ii), the Secretary of Housing and
Urban Development shall--
``(i) identify the buildings and property described in such
information that are suitable for use to assist the homeless;
``(ii) notify the Secretary of Defense of the buildings and
property that are so identified;
``(iii) publish in the Federal Register a list of the buildings
and property that are so identified, including with respect to each
building or property the information referred to in section
501(c)(1)(B) of such Act; and
``(iv) make available with respect to each building and property
the information referred to in section 501(c)(1)(C) of such Act in
accordance with such section 501(c)(1)(C).
``(D) Any buildings and property included in a list published under
subparagraph (C)(iii) shall be treated as property available for
application for use to assist the homeless under section 501(d) of such
Act.
``(E) The Secretary of Defense shall make available in accordance
with section 501(f) of such Act any buildings or property referred to in
subparagraph (D) for which--
``(i) a written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act;
``(ii) an application for use of such buildings or property for
such purpose is submitted to the Secretary of Health and Human
Services in accordance with section 501(e)(2) of such Act; and
``(iii) the Secretary of Health and Human Services--
``(I) completes all actions on the application in accordance
with section 501(e)(3) of such Act; and
``(II) approves the application under section 501(e) of such
Act.
``(F)(i) Subject to clause (ii), a redevelopment authority may
express in writing an interest in using buildings and property referred
to subparagraph (D), or use such buildings and property, in accordance
with the redevelopment plan with respect to the installation at which
such buildings and property are located as follows:
``(I) If no written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act during the 60-day period beginning on the date of the
publication of the buildings and property under subparagraph
(C)(iii).
``(II) In the case of buildings and property for which such
notice is so received, if no completed application for use of the
buildings or property for such purpose is received by the Secretary
of Health and Human Services in accordance with section 501(e)(2) of
such Act during the 90-day period beginning on the date of the
receipt of such notice.
``(III) In the case of buildings and property for which such
application is so received, if the Secretary of Health and Human
Services rejects the application under section 501(e) of such Act.
``(ii) Buildings and property shall be available only for the
purpose of permitting a redevelopment authority to express in writing an
interest in the use of such buildings and property, or to use such
buildings and property, under clause (i) as follows:
``(I) In the case of buildings and property referred to in
clause (i)(I), during the one-year period beginning on the first day
after the 60-day period referred to in that clause.
``(II) In the case of buildings and property referred to in
clause (i)(II), during the one-year period beginning on the first
day after the 90-day period referred to in that clause.
``(III) In the case of buildings and property referred to in
clause (i)(III), during the one-year period beginning on the date of
the rejection of the application referred to in that clause.
``(iii) A redevelopment authority shall express an interest in the
use of buildings and property under this subparagraph by notifying the
Secretary of Defense, in writing, of such an interest.
``(G)(i) Buildings and property available for a redevelopment
authority under subparagraph (F) shall not be available for use to
assist the homeless under section 501 of such Act while so available for
a redevelopment authority.
``(ii) If a redevelopment authority does not express an interest in
the use of buildings or property, or commence the use of buildings or
property, under subparagraph (F) within the applicable time periods
specified in clause (ii) of such subparagraph, such buildings or
property shall be treated as property available for use to assist the
homeless under section 501(a) of such Act.''.
SEC. 2906. AUTHORITY TO LEASE CERTAIN PROPERTY AT INSTALLATIONS TO BE
CLOSED.
(a) Lease Authority.--Subsection (f) of section 2667 of title 10,
United States Code, is amended to read as follows:
``(f)(1) Notwithstanding subsection (a)(3), pending the final
disposition of real property and personal property located at a military
installation to be closed or realigned under a base closure law, the
Secretary of the military department concerned may lease the property to
any individual or entity under this subsection if the Secretary
determines that such a lease would facilitate State or local economic
adjustment efforts.
``(2) Notwithstanding subsection (b)(4), the Secretary concerned may
accept consideration in an amount that is less than the fair market
value of the lease interest if the Secretary concerned determines that--
``(A) a public interest will be served as a result of the lease;
and
``(B) the fair market value of the lease is (i) unobtainable, or
(ii) not compatible with such public benefit.
``(3) Before entering into any lease under this subsection, the
Secretary shall consult with the Administrator of the Environmental
Protection Agency in order to determine whether the environmental
condition of the property proposed for leasing is such that the lease of
the property is advisable. The Secretary and the Administrator shall
enter into a memorandum of understanding setting forth procedures for
carrying out the determinations under this paragraph.''.
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(g) In this section, the term `base closure law' means each of the
following:
``(1) The Defense Base Closure and Realignment Act of 19
2000
90 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(2) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
``(3) Section 2687 of this title.''.
SEC. 2907. AUTHORITY TO CONTRACT FOR CERTAIN SERVICES AT INSTALLATIONS
BEING CLOSED.
(a) Base Closures Under 1988 Act.--Section 204(b) of the Defense
Authorization Amendments and Base Closure and Realignment Act (title II
of Public Law 100-526; 10 U.S.C. 2687 note), as amended by section
2902(a)(1)(B), is further amended by adding at the end the following:
``(8)(A) Subject to subparagraph (C), the Secretary may contract
with local governments for the provision of police services, fire
protection services, airfield operation services, or other community
services by such governments at military installations to be closed
under this title if the Secretary determines that the provision of such
services under such contracts is in the best interests of the Department
of Defense.
``(B) The Secretary may exercise the authority provided under this
paragraph without regard to the provisions of chapter 146 of title 10,
United States Code.
``(C) The Secretary may not exercise the authority under
subparagraph (A) with respect to an installation earlier than 180 days
before the date on which the installation is to be closed.
``(D) The Secretary shall include in a contract for services entered
into with a local government under this paragraph a clause that requires
the use of professionals to furnish the services to the extent that
professionals are available in the area under the jurisdiction of such
government.''.
(b) Base Closures Under 1990 Act.--Section 2905(b) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note), as amended by section 2905(b) of this
Act, is further amended by adding at the end the following:
``(7)(A) Subject to subparagraph (C), the Secretary may contract
with local governments for the provision of police services, fire
protection services, airfield operation services, or other community
services by such governments at military installations to be closed
under this part if the Secretary determines that the provision of such
services under such contracts is in the best interests of the Department
of Defense.
``(B) The Secretary may exercise the authority provided under this
paragraph without regard to the provisions of chapter 146 of title 10,
United States Code.
``(C) The Secretary may not exercise the authority under
subparagraph (A) with respect to an installation earlier than 180 days
before the date on which the installation is to be closed.
``(D) The Secretary shall include in a contract for services entered
into with a local government under this paragraph a clause that requires
the use of professionals to furnish the services to the extent that
professionals are available in the area under the jurisdiction of such
government.''.
SEC. 2908. AUTHORITY TO TRANSFER PROPERTY AT MILITARY INSTALLATIONS TO
BE CLOSED TO PERSONS PAYING THE COST OF ENVIRONMENTAL RESTORATION
ACTIVITIES ON THE PROPERTY.
(a) Base Closures Under 1988 Act.--Section 204 of the Defense
Authorization Amendments and Base Closure and Realignment Act (title II
of Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding at the
end the following new subsection:
``(d) Transfer Authority in Connection With Payment of Environmental
Remediation Costs.--(1)(A) Subject to paragraph (2) of this subsection
and section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the
Secretary may enter into an agreement to transfer by deed real property
or facilities referred to in subparagraph (B) with any person who agrees
to perform all environmental restoration, waste management, and
environmental compliance activities that are required for the property
or facilities under Federal and State laws, administrative decisions,
agreements (including schedules and milestones), and concurrences.
``(B) The real property and facilities referred to in subparagraph
(A) are the real property and facilities located at an installation
closed or to be closed under this title that are available exclusively
for the use, or expression of an interest in a use, of a redevelopment
authority under subsection (b)(6)(F) during the period provided for that
use, or expression of interest in use, under that subsection.
``(C) The Secretary may require any additional terms and conditions
in connection with an agreement authorized by subparagraph (A) as the
Secretary considers appropriate to protect the interests of the United
States.
``(2) A transfer of real property or facilities may be made under
paragraph (1) only if the Secretary certifies to Congress that--
``(A) the costs of all environmental restoration, waste
management, and environmental compliance activities to be paid by
the recipient of the property or facilities are equal to or greater
than the fair market value of the property or facilities to be
transferred, as determined by the Secretary; or
``(B) if such costs are lower than the fair market value of the
property or facilities, the recipient of the property or facilities
agrees to pay the difference between the fair market value and such
costs.
``(3) As part of an agreement under paragraph (1), the Secretary
shall disclose to the person to whom the property or facilities will be
transferred any information of the Secretary regarding the environmental
restoration, waste management, and environmental compliance activities
described in paragraph (1) that relate to the property or facilities.
The Secretary shall provide such information before entering into the
agreement.
``(4) Nothing in this subsection shall be construed to modify,
alter, or amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
``(5) Section 330 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall not
apply to any transfer under this subsection to persons or entities
described in subsection (a)(2) of such section 330.
``(6) The Secretary may not enter into an agreement to transfer
property or facilities under this subsection after the expiration of the
five-year period beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1994.''.
(b) Base Closures Under 1990 Act.--Section 2905 of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end the
following new subsection:
``(e) Transfer Authority in Connection With Payment of Environmental
Remediation Costs.--(1)(A) Subject to paragraph (2) of this subsection
and section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the
Secretary may enter into an agreement to transfer by deed real property
or facilities referred to in subparagraph (B) with any person who agrees
to perform all environmental restoration, waste management, and
environmental compliance activities that are required for the property
or facilities under Federal and State laws, administrative decisions,
agreements (including schedules and milestones), and concurrences.
``(B) The real property and facilities referred to in subparagraph
(A) are the real property and facilities located at an installation
closed or to be closed under this part that are available exclusively
for the use, or expression of an interest in a use, of a redevelopment
authority under subsection (b)(6)(F) during the period provided for that
use, or expression of interest in use, under that subsection.
``(C) The Secretary may require any additional
2000
terms and conditions
in connection with an agreement authorized by subparagraph (A) as the
Secretary considers appropriate to protect the interests of the United
States.
``(2) A transfer of real property or facilities may be made under
paragraph (1) only if the Secretary certifies to Congress that--
``(A) the costs of all environmental restoration, waste
management, and environmental compliance activities to be paid by
the recipient of the property or facilities are equal to or greater
than the fair market value of the property or facilities to be
transferred, as determined by the Secretary; or
``(B) if such costs are lower than the fair market value of the
property or facilities, the recipient of the property or facilities
agrees to pay the difference between the fair market value and such
costs.
``(3) As part of an agreement under paragraph (1), the Secretary
shall disclose to the person to whom the property or facilities will be
transferred any information of the Secretary regarding the environmental
restoration, waste management, and environmental compliance activities
described in paragraph (1) that relate to the property or facilities.
The Secretary shall provide such information before entering into the
agreement.
``(4) Nothing in this subsection shall be construed to modify,
alter, or amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
``(5) Section 330 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall not
apply to any transfer under this subsection to persons or entities
described in subsection (a)(2) of such section 330.
``(6) The Secretary may not enter into an agreement to transfer
property or facilities under this subsection after the expiration of the
five-year period beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1994.''.
(c) Regulations.--Not later than nine months after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Administrator of the Environmental Protection Agency, shall
prescribe any regulations necessary to carry out subsection (d) of
section 204 of the Defense Authorization Amendments and Base Closure and
Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note),
as added by subsection (a), and subsection (e) of section 2905 of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), as added by subsection (b).
SEC. 2909. SENSE OF CONGRESS ON AVAILABILITY OF SURPLUS MILITARY
EQUIPMENT.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense take all actions that the Secretary determines
practicable to make available the military equipment referred to in
subsection (b) to communities suffering significant adverse economic
circumstances as a result of the closure of military installations.
(b) Covered Equipment.--The equipment referred to in subsection (a)
is surplus military equipment that--
(1) is scheduled for retirement or disposal as a result of
reductions in the size of the Armed Forces or the closure or
realignment of a military installation under a base closure law;
(2) is important (as determined by the Secretary) to the
economic development efforts of the communities referred to in
subsection (a); and
(3) has no other military uses (as so determined).
SEC. 2910. IDENTIFICATION OF UNCONTAMINATED PROPERTY AT INSTALLATIONS TO
BE CLOSED.
The identification by the Secretary of Defense required under
section 120(h)(4)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)), and
the concurrence required under section 120(h)(4)(B) of such Act, shall
be made not later than the earlier of--
(1) the date that is 9 months after the date of the submittal,
if any, to the transition coordinator for the installation concerned
of a specific use proposed for all or a portion of the real property
of the installation; or
(2) the date specified in section 120(h)(4)(C)(iii) of such Act.
SEC. 2911. COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIREMENTS RELATING
TO CLOSURE OF INSTALLATIONS.
Not later than 12 months after the date of the submittal to the
Secretary of Defense of a redevelopment plan for an installation
approved for closure under a base closure law, the Secretary of Defense
shall, to the extent practicable, complete any environmental impact
analyses required with respect to the installation, and with respect to
the redevelopment plan, if any, for the installation, pursuant to the
base closure law under which the installation is closed, and pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 2912. PREFERENCE FOR LOCAL AND SMALL BUSINESSES.
(a) Preference Required.--In entering into contracts with private
entities as part of the closure or realignment of a military
installation under a base closure law, the Secretary of Defense shall
give preference, to the greatest extent practicable, to qualified
businesses located in the vicinity of the installation and to small
business concerns and small disadvantaged business concerns. Contracts
for which this preference shall be given shall include contracts to
carry out activities for the environmental restoration and mitigation at
military installations to be closed or realigned.
(b) Definitions.--In this section:
(1) The term ``small business concern'' means a business concern
meeting the requirements of section 3 of the Small Business Act (15
U.S.C. 632).
(2) The term ``small disadvantaged business concern'' means the
business concerns referred to in section 637(d)(1) of such Act (15
U.S.C. 637(d)(1)).
(3) The term ``base closure law'' includes section 2687 of title
10, United States Code.
SEC. 2913. CONSIDERATION OF APPLICATIONS OF AFFECTED STATES AND
COMMUNITIES FOR ASSISTANCE.
Section 2391(b) of title 10, United States Code, is amended by
adding at the end the following:
``(6) To the extent practicable, the Secretary of Defense shall
inform a State or local government applying for assistance under this
subsection of the approval or rejection by the Secretary of the
application for such assistance as follows:
``(A) Before the end of the 7-day period beginning on the date
on which the Secretary receives the application, in the case of an
application for a planning grant.
``(B) Before the end of the 30-day period beginning on such
date, in the case of an application for assistance to carry out a
community adjustments and economic diversifications program.
``(7)(A) In attempting to complete consideration of applications
within the time period specified in paragraph (6), the Secretary of
Defense shall give priority to those applications requesting assistance
for a community described in subsection (f)(1).
``(B) If an application under paragraph (6) is rejected by the
Secretary, the Secretary shall promptly inform the State or local
government of the reasons for the rejection of the application.''.
SEC. 2914. CLARIFICATION OF UTILIZATION OF FUNDS FOR COMMUNITY ECONOMIC
ADJUSTMENT ASSISTANCE.
(a) Utilization of Funds.--Subject to subsection (b), funds made
available to the Economic Development Administration for economic
adjustment assistance under section 4305 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2700) may by utilized by the administration for administrative
activities in support of the provision of such assistance.
(b) Limitation.--Not more than three percent of the funds referred
to in subsection (a) may be utilized by the administration for the
administrative activities referred to in such subsection.
SEC. 2915
2000
. TRANSITION COORDINATORS FOR ASSISTANCE TO COMMUNITIES
AFFECTED BY THE CLOSURE OF INSTALLATIONS.
(a) In General.--The Secretary of Defense shall designate a
transition coordinator for each military installation to be closed under
a base closure law. The transition coordinator shall carry out the
activities for such coordinator set forth in subsection (c).
(b) Timing of Designation.--A transition coordinator shall be
designated for an installation under subsection (a) as follows:
(1) Not later than 15 days after the date of approval of closure
of the installation.
(2) In the case of installations approved for closure under a
base closure law before the date of the enactment of this Act, not
later than 15 days after such date of enactment.
(c) Responsibilities.--A transition coordinator designated with
respect to an installation shall--
(1) encourage, after consultation with officials of Federal and
State departments and agencies concerned, the development of
strategies for the expeditious environmental cleanup and restoration
of the installation by the Department of Defense;
(2) assist the Secretary of the military department concerned in
designating real property at the installation that has the potential
for rapid and beneficial reuse or redevelopment in accordance with
the redevelopment plan for the installation;
(3) assist such Secretary in identifying strategies for
accelerating completion of environmental cleanup and restoration of
the real property designated under paragraph (2);
(4) assist such Secretary in developing plans for the closure of
the installation that take into account the goals set forth in the
redevelopment plan for the installation;
(5) assist such Secretary in developing plans for ensuring that,
to the maximum extent practicable, the Department of Defense carries
out any activities at the installation after the closure of the
installation in a manner that takes into account, and supports, the
redevelopment plan for the installation;
(6) assist the Secretary of Defense in making determinations
with respect to the transferability of property at the installation
under section 204(b)(5) of the Defense Authorization Amendments and
Base Closure and Realignment Act (title II of Public Law 100-526; 10
U.S.C. 2687 note), as added by section 2904(a) of this Act, and
under section 2905(b)(5) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), as added by section 2904(b) of this Act, as the case may
be;
(7) assist the local redevelopment authority with respect to the
installation in identifying real property or personal property at
the installation that may have significant potential for reuse or
redevelopment in accordance with the redevelopment plan for the
installation;
(8) assist the Office of Economic Adjustment of the Department
of Defense and other departments and agencies of the Federal
Government in coordinating the provision of assistance under
transition assistance and transition mitigation programs with
community redevelopment activities with respect to the installation;
(9) assist the Secretary of the military department concerned in
identifying property located at the installation that may be leased
in a manner consistent with the redevelopment plan for the
installation; and
(10) assist the Secretary of Defense in identifying real
property or personal property at the installation that may be
utilized to meet the needs of the homeless by consulting with the
Secretary of Housing and Urban Development and the local lead agency
of the homeless, if any, referred to in section 210(b) of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11320(b)) for
the State in which the installation is located.
SEC. 2916. SENSE OF CONGRESS ON SEMINARS ON REUSE OR REDEVELOPMENT OF
PROPERTY AT INSTALLATIONS TO BE CLOSED.
It is the sense of Congress that the Secretary of Defense conduct
seminars for each community in which is located a military installation
to be closed under a base closure law. Any such seminar shall--
(1) be conducted within 6 months after the date of approval of
closure of the installation concerned;
(2) address the various Federal programs for the reuse and
redevelopment of the installation; and
(3) provide information about employment assistance (including
employment assistance under Federal programs) available to members
of such communities.
SEC. 2917. FEASIBILITY STUDY ON ASSISTING LOCAL COMMUNITIES AFFECTED BY
THE CLOSURE OR REALIGNMENT OF MILITARY INSTALLATIONS.
(a) Study.--The Secretary of Defense shall conduct a study to
determine the feasibility of assisting local communities recovering from
the adverse economic impact of the closure or major realignment of a
military installation under a base closure law by reserving for grants
to the communities under section 2391(b) of title 10, United States
Code, an amount equal to not less than 10 percent of the total projected
savings to be realized by the Department of Defense in the first 10
years after the closure or major realignment of the installation as a
result of the closure or realignment.
(b) Report.--Not later than March 1, 1994, the Secretary shall
submit to Congress a report containing the results of the study required
by this subsection. The report shall include--
(1) an estimate of the amount of the projected savings described
in subsection (a) to be realized by the Department of Defense as a
result of each base closure or major realignment approved before the
date of the enactment of this Act; and
(2) a recommendation regarding the funding sources within the
budget for the Department of Defense from which amounts for the
grants described in subsection (a) could be derived.
SEC. 2918. DEFINITIONS.
(a) Subtitle A of Title XXIX.--In this subtitle:
(1) The term ``base closure law'' means the following:
(A) The provisions of title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note).
(B) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) The term ``date of approval'', with respect to a closure or
realignment of an installation, means the date on which the
authority of Congress to disapprove a recommendation of closure or
realignment, as the case may be, of such installation under the
applicable base closure law expires.
(3) The term ``redevelopment authority'', in the case of an
installation to be closed under a base closure law, means any entity
(including an entity established by a State or local government)
recognized by the Secretary of Defense as the entity responsible for
developing the redevelopment plan with respect to the installation
and for directing the implementation of such plan.
(4) The term ``redevelopment plan'', in the case of an
installation to be closed under a base closure law, means a plan
that--
(A) is agreed to by the redevelopment authority with respect
to the installation; and
(B) provides for the reuse or redevelopment of the real
property and personal property of the installation that is
available for such reuse and redevelopment as a result of the
closure of the installation.
(b) Base Closure Act 1988.--Section 209 of the Defense Authorization
Amendments and Base Closure and Realignment Act (title II of Public Law
100-526; 10 U.S.C. 2687 note) is amended by adding at the end the
following:
``(10) The term `redevelopment authority', in the case of an
in
2000
stallation to be closed under this title, means any entity
(including an entity established by a State or local government)
recognized by the Secretary of Defense as the entity responsible for
developing the redevelopment plan with respect to the installation
and for directing the implementation of such plan.
``(11) The term `redevelopment plan' in the case of an
installation to be closed under this title, means a plan that--
``(A) is agreed to by the redevelopment authority with
respect to the installation; and
``(B) provides for the reuse or redevelopment of the real
property and personal property of the installation that is
available for such reuse or redevelopment as a result of the
closure of the installation.''.
(c) Base Closure Act 1990.--Section 2910 of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510;
10 U.S.C. 2687 note) is amended by adding at the end the following new
paragraph:
``(8) The term `date of approval', with respect to a closure or
realignment of an installation, means the date on which the
authority of Congress to disapprove a recommendation of closure or
realignment, as the case may be, of such installation under this
part expires.
``(9) The term `redevelopment authority', in the case of an
installation to be closed under this part, means any entity
(including an entity established by a State or local government)
recognized by the Secretary of Defense as the entity responsible for
developing the redevelopment plan with respect to the installation
and for directing the implementation of such plan.
``(10) The term `redevelopment plan' in the case of an
installation to be closed under this part, means a plan that--
``(A) is agreed to by the local redevelopment authority with
respect to the installation; and
``(B) provides for the reuse or redevelopment of the real
property and personal property of the installation that is
available for such reuse and redevelopment as a result of the
closure of the installation.''.
Subtitle B--Other Matters
SEC. 2921. BASE CLOSURE ACCOUNT MANAGEMENT FLEXIBILITY.
(a) Base Closures Under 1988 Act.--Section 207(a) of the Defense
Authorization Amendments and Base Closure and Realignment Act (title II
of Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding at the
end the following new paragraph:
``(7) Proceeds received after September 30, 1995, from the transfer
or disposal of any property at a military installation closed or
realigned under this title shall be deposited directly into the
Department of Defense Base Closure Account 1990 established by section
2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).''.
(b) Base Closures Under 1990 Act.--Section 2906 of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) in subsection (a)(2)--
(A) by striking out ``and'' at the end of subparagraph (B);
(B) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) proceeds received after September 30, 1995, from the
transfer or disposal of any property at a military installation
closed or realigned under title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526;
10 U.S.C. 2687 note).''; and
(2) in subsection (b), by striking out paragraph (1) and
inserting in lieu thereof the following new paragraph:
``(1) The Secretary may use the funds in the Account only for the
purposes described in section 2905 or, after September 30, 1995, for
environmental restoration and property management and disposal at
installations closed or realigned under title II of the Defense
Authorization Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).''.
(c) Technical Correction.--Paragraphs (2) and (3) of section 2906(c)
of the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) are each amended by
striking out ``after the termination of the Commission'' and inserting
in lieu thereof ``after the termination of the authority of the
Secretary to carry out a closure or realignment under this part''.
SEC. 2922. LIMITATION ON EXPENDITURE OF FUNDS FROM THE DEFENSE BASE
CLOSURE ACCOUNT 1990 FOR MILITARY CONSTRUCTION IN SUPPORT OF TRANSFERS
OF FUNCTIONS.
(a) Limitation.--If the Secretary of Defense recommends to the
Defense Base Closure and Realignment Commission pursuant to section
2903(c) of the 1990 base closure Act that an installation be closed or
realigned, the Secretary identifies in documents submitted to the
Commission one or more installations to which a function performed at
the recommended installation would be transferred, and the recommended
installation is closed or realigned pursuant to such Act, then, except
as provided in subsection (b), funds in the Defense Base Closure Account
1990 may not be used for military construction in support of the
transfer of that function to any installation other than an installation
so identified in such documents.
(b) Exception.--The limitation in subsection (a) ceases to be
applicable to military construction in support of the transfer of a
function to an installation on the 60th day following the date on which
the Secretary submits to the Committees on Armed Services of the Senate
and House of Representatives a notification of the proposed transfer
that--
(1) identifies the installation to which the function is to be
transferred; and
(2) includes the justification for the transfer to such
installation.
(c) Definitions.--In this section:
(1) The term ``1990 base closure Act'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note).
(2) The term ``Defense Base Closure Account 1990'' means the
account established under section 2906 of the 1990 base closure Act.
SEC. 2923. MODIFICATION OF REQUIREMENT FOR REPORTS ON ACTIVITIES UNDER
THE DEFENSE BASE CLOSURE ACCOUNT 1990.
Section 2906(c)(1) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) The report for a fiscal year shall include the following:
``(i) The obligations and expenditures from the Account during
the fiscal year, identified by subaccount, for each military
department and Defense Agency.
``(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds were
obligated for such expenditures.
``(iii) Each military construction project for which such
obligations and expenditures were made, identified by installation
and project title.
``(iv) A description and explanation of the extent, if any, to
which expenditures for military construction projects for the fiscal
year differed from proposals for projects and funding levels that
were included in the justification transmitted to Congress under
section 2907(1), or otherwise, for the funding proposals for the
Account for such fiscal year, including an explanation of--
``(I) any failure to carry out military construction
projects that were so proposed; and
``(II) any expenditures for military construction projects
that were not so proposed.''.
SEC. 2924. RESIDUAL VALUE OF OVERSEAS INSTALLATIONS BEING CL
2000
OSED.
(a) Annual Reports.--Section 1304(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C.
113 note) is amended--
(1) in paragraph (1), by inserting ``by installation'' after
``basing plan'';
(2) by striking out paragraph (3) and inserting in lieu thereof
the following:
``(3) both--
``(A) the status of negotiations, if any, between the United
States and the host government as to (i) United States claims
for compensation for the fair market value of the improvements
made by the United States at each installation referred to in
paragraph (2), and (ii) any claims of the host government for
damages or restoration of the installation; and
``(B) the representative of the United States in any such
negotiations;'';
(3) by redesignating paragraph (6) as paragraph (7); and
(4) by striking out paragraph (5) and inserting in lieu thereof
the following new paragraphs (5) and (6):
``(5) the cost to the United States of any improvements made at
each installation referred to in paragraph (2) and the fair market
value of such improvements, expressed in constant dollars based on
the date of completion of the improvements;
``(6) in each case in which negotiations between the United
States and a host government have resulted in an agreement for the
payment to the United States by the host government of the value of
improvements to an installation made by the United States, the
amount of such payment, the form of such payment, and the expected
date of such payment; and''.
(b) OMB Review of Proposed Settlements.--Section 2921 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 10 U.S.C. 2687 note) is amended by adding at the end the following:
``(g) OMB Review of Proposed Settlements.--The Secretary of Defense
may not enter into an agreement of settlement with a host country
regarding the release to the host country of improvements made by the
United States to facilities at an installation located in the host
country until 30 days after the date on which the Secretary submits the
proposed settlement to the Director of the Office of Management and
Budget. The Director shall evaluate the overall equity of the proposed
settlement. In evaluating the proposed settlement, the Director shall
consider such factors as the extent of the United States capital
investment in the improvements being released to the host country, the
depreciation of the improvements, the condition of the improvements, and
any applicable requirements for environmental remediation or restoration
at the installation.''.
SEC. 2925. SENSE OF CONGRESS ON DEVELOPMENT OF BASE CLOSURE CRITERIA.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense consider, in developing in accordance with section
2903(b)(2)(B) of the Defense Base Closure and Realignment Act of 1990
(Public Law 101-510; 10 U.S.C. 2687 note) amended criteria, whether such
criteria should include the direct costs of such closures and
realignments to other Federal departments and agencies.
(b) Report on Amendment.--(1) The Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on any amended criteria developed by the Secretary under
section 2903(b)(2)(B) of the Defense Base Closure and Realignment Act of
1990 after the date of the enactment of this Act. Such report shall
include a discussion of the amended criteria and include a justification
for any decision not to propose a criterion regarding the direct costs
of base closures and realignments to other Federal agencies and
departments.
(2) The Secretary shall submit the report upon publication of the
amended criteria in accordance with section 2903(b)(2)(B) of the Defense
Base Closure and Realignment Act of 1990.
SEC. 2926. INFORMATION RELATING TO RECOMMENDATIONS FOR THE CLOSURE OR
REALIGNMENT OF MILITARY INSTALLATIONS.
(a) Submittal of Report to Commission.--Subsection (c)(1) of section
2903 of the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
striking out ``March 15, 1995,'' and inserting in lieu thereof ``March
1, 1995,''.
(b) Summary of Selection Process and Justification of
Recommendations.--Subsection (c)(2) of such section is amended by adding
at the end the following: ``The Secretary shall transmit the matters
referred to in the preceding sentence not later than 7 days after the
date of the transmittal to the congressional defense committees and the
Commission of the list referred to in paragraph (1).''.
(c) Submittal of Information to Congress.--Subsection (c)(6) of such
section is amended to read as follows:
``(6) Any information provided to the Commission by a person
described in paragraph (5)(B) shall also be submitted to the Senate and
the House or Representatives to be made available to the Members of the
House concerned in accordance with the rules of that House. The
information shall be submitted to the Senate and House of
Representatives within 24 hours after the submission of the information
to the Commission.''.
(d) Publication of Information on Changes Recommended by
Commission.--Subsection (d)(1)(2)(C)(iii) of such section is amended by
striking out ``30 days'' and inserting in lieu thereof ``45 days''.
SEC. 2927. PUBLIC PURPOSE EXTENSIONS.
Section 203 of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 484) is amended--
(1) in subsection (o) in the first sentence by inserting ``or
(q)'' after ``subsection (p)''; and
(2) by adding at the end the following:
``(q)(1) Under such regulations as the Administrator, after
consultation with the Secretary of Defense, may prescribe, the
Administrator, or the Secretary of Defense, in the case of property
located at a military installation closed or realigned pursuant to a
base closure law, may, in his or her discretion, assign to the Secretary
of Transportation for disposal such surplus real property, including
buildings, fixtures, and equipment situated thereon, as is recommended
by the Secretary of Transportation as being needed for the development
or operation of a port facility.
``(2) Subject to the disapproval of the Administrator or the
Secretary of Defense within 30 days after notice by the Secretary of
Transportation of a proposed conveyance of property for any of the
purposes described in paragraph (1), the Secretary of Transportation,
through such officers or employees of the Department of Transportation
as he or she may designate, may convey, at no consideration to the
United States, such surplus real property, including buildings,
fixtures, and equipment situated thereon, for use in the development or
operation of a port facility to any State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands,
the Trust Territory of the Pacific Islands, the Commonwealth of the
Northern Mariana Islands, or any political subdivision, municipality, or
instrumentality thereof.
``(3) No transfer of property may be made under this subsection
until the Secretary of Transportation has--
``(A) determined, after consultation with the Secretary of
Labor, that the property to be conveyed is located in an area of
serious economic disruption;
``(B) received and, after consultation with the Secretary of
Commerce, approved an economic development plan submitted by an
eligible grantee and based on assured use of the property to be
conveyed as part of a necessary economic development program; and
``(C) transmitted to Congress an explanatory statement that
contains information substantially similar to the information
contained in statements prepared under subsection (e)(6).
``(4) The instrument of conveyance of any surplus real property
2000
and
related personal property disposed of under this subsection shall--
``(A) provide that all such property shall be used and
maintained in perpetuity for the purpose for which it was conveyed,
and that if the property ceases to be used or maintained for that
purpose, all or any portion of the property shall, in its then
existing condition, at the option of the United States, revert to
the United States; and
``(B) contain such additional terms, reservations, restrictions,
and conditions as the Secretary of Transportation shall by
regulation require to assure use of the property for the purposes
for which it was conveyed and to safeguard the interests of the
United States.
``(5) With respect to surplus real property and related personal
property conveyed pursuant to this subsection, the Secretary of
Transportation shall--
``(A) determine and enforce compliance with the terms,
conditions, reservations, and restrictions contained in any
instrument by which such conveyance was made;
``(B) reform, correct, or amend any such instrument by the
execution of a corrective, reformative, or amendatory instrument if
necessary to correct such instrument or to conform such conveyance
to the requirements of applicable law; and
``(C)(i) grant releases from any of the terms, conditions,
reservations, and restrictions contained in, and (ii) convey,
quitclaim, or release to the grantee any right or interest reserved
to the United States by, any instrument by which such conveyance was
made, if the Secretary of Transportation determines that the
property so conveyed no longer serves the purpose for which it was
conveyed, or that such release, conveyance, or quitclaim deed will
not prevent accomplishment of the purpose for which such property
was so conveyed, except that any such release, conveyance, or
quitclaim deed may be granted on, or made subject to, such terms and
conditions as the Secretary of Transportation considers necessary to
protect or advance the interests of the United States.
``(6) In this section, the term `base closure law' means the
following:
``(A) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
``(B) The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(C) Section 2687 of title 10, United States Code.''.
SEC. 2928. EXPANSION OF CONVEYANCE AUTHORITY REGARDING FINANCIAL
FACILITIES ON CLOSED MILITARY INSTALLATIONS TO INCLUDE ALL DEPOSITORY
INSTITUTIONS.
(a) Inclusion of Other Depository Institutions with Credit Unions.--
Section 2825 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 10 U.S.C. 2687 note) is amended--
(1) by striking ``credit union'' each place it appears and
inserting in lieu thereof ``depository institution'';
(2) in subsection (c), by striking ``business''; and
(3) by adding at the end the following new subsection:
``(e) Depository Institution Defined.--For purposes of this section,
the term `depository institution' has the meaning given that term in
section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C.
461(b)(1)(A)).''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``SEC. 2825. DISPOSITION OF FACILITIES OF DEPOSITORY INSTITUTIONS ON
MILITARY INSTALLATIONS TO BE CLOSED.''.
(2) The table of contents in section 2(b) of such Act is amended by
striking out the item relating to section 2825 and inserting in lieu
thereof the following:
``2825. Disposition of facilities of depository institutions on military
installations to be closed.''.
(c) Amendment for Stylistic Consistency.--Subsection (c) of such
section 2825 is amended by striking out ``plan for the reuse of the
installation developed in coordination with the community in which the
facility is located'' and inserting in lieu thereof ``redevelopment plan
with respect to the installation''.
SEC. 2929. ELECTRIC POWER ALLOCATION AND ECONOMIC DEVELOPMENT AT CERTAIN
MILITARY INSTALLATIONS TO BE CLOSED IN THE STATE OF CALIFORNIA.
For a 10-year period beginning on the date of the enactment of this
Act, the electric power allocations provided as of that date by the
Western Area Power Administration from the Central Valley Project to
military installations in the State of California approved for closure
pursuant to the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) shall be
reserved for sale through long-term contracts to preference entities
that agree to use such power to promote economic development at a
military installation that is closed or selected for closure pursuant to
that Act. To the extent power reserved by this section is not disposed
of pursuant to this section, it shall be made available on a temporary
basis during such period to military installations in the State of
California through short-term contracts. Within one year of the date of
the enactment of this Act, the Secretary of Energy shall, in
consultation with the Secretary of Defense, submit to Congress a report
with recommendations regarding the disposition of electric power
allocations provided by the Federal Power Marketing Administrations to
other military installations closed or approved for closure. The report
shall consider the option of using such power to promote economic
development at closed military installations.
SEC. 2930. TESTIMONY BEFORE DEFENSE BASE CLOSURE AND REALIGNMENT
COMMISSION.
(a) Oaths Required.--Section 2903(d)(1) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510;
10 U.S.C. 2687 note) is amended by adding at the end the following new
sentence: ``All testimony before the Commission at a public hearing
conducted under this paragraph shall be presented under oath.''.
(b) Application of Amendment.--The amendment made by this section
shall apply with respect to all public hearings conducted by the Defense
Base Closure and Realignment Commission after the date of the enactment
of this Act.
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.
(a) Operating Expenses.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1994 for
operating expenses incurred in carrying out weapons activities necessary
for national security programs in the amount of $3,642,297,000, to be
allocated as follows:
(1) For research and development, $1,129,325,000.
(2) For testing, $217,326,000.
(3) For stockpile support, $1,792,280,000.
(4) For program direction, $177,466,000.
(5) For complex reconfiguration, $168,500,000.
(6) For stockpile stewardship, $157,400,000.
(b) Plant Projects.--Funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1994 for plant projects
(including maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition related
thereto) in carrying out weapons activities necessary for national
security programs as follows:
Project GPD-101, general plant projects, various locations,
$16,500,000.
Project GPD-121, general plant projects, various locations,
$7,700,000.
Project 94-D-102, nuclear weapons research, development, and
testing facilities revitalization, Phase V, various locations,
$4,000,000.
Project 94-D-124, hydrogen fluoride supply system, Oak Ridge Y-
12 Plant, Oak Ridge, Tennessee, $5,
2000
000,000.
Project 94-D-125, upgrade life safety, Kansas City Plant, Kansas
City, Missouri, $1,000,000.
Project 94-D-127, emergency notification system, Pantex Plant,
Amarillo, Texas, $1,000,000.
Project 94-D-128, environmental safety and health analytical
laboratory, Pantex Plant, Amarillo, Texas, $800,000.
Project 93-D-102, Nevada support facility, North Las Vegas,
Nevada, $4,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak Ridge,
Tennessee, $5,000,000.
Project 93-D-123, complex-21, various locations, $25,000,000.
Project 92-D-102, nuclear weapons research, development, and
testing facilities revitalization, Phase IV, various locations,
$27,479,000.
Project 92-D-126, replace emergency notification systems,
various locations, $10,500,000.
Project 90-D-102, nuclear weapons research, development, and
testing facilities revitalization, Phase III, various locations,
$30,805,000.
Project 88-D-106, nuclear weapons research, development, and
testing facilities revitalization, Phase II, various locations,
$39,624,000.
Project 88-D-122, facilities capability assurance program,
various locations, $27,100,000.
Project 88-D-123, security enhancements, Pantex Plant, Amarillo,
Texas, $20,000,000.
Project 85-D-121, air and water pollution control facilities, Y-
12 Plant, Oak Ridge, Tennessee, $3,000,000.
(c) Capital Equipment.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1994 for
capital equipment not related to construction in carrying out weapons
activities necessary for national security programs in the amount of
$118,034,000, to be allocated as follows:
(1) For research and development, $82,879,000.
(2) For testing, $19,400,000.
(3) For stockpile support, $12,136,000.
(4) For program direction, $3,619,000.
(d) Adjustments.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a) through (c)--
(1) reduced by--
(A) $443,641,000, for use of prior year balances; and
(B) $50,000,000, for salary reductions; and
(2) increased by $100,000,000, for contractor employment
transition.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Operating Expenses.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1994 for
operating expenses incurred in carrying out environmental restoration
and waste management activities necessary for national security programs
in the amount of $4,918,878,000, to be allocated as follows:
(1) For corrective activities, $2,170,000.
(2) For environmental restoration, $1,536,027,000.
(3) For waste management, $2,362,106,000.
(4) For technology development, $371,150,000.
(5) For transportation management, $19,730,000.
(6) For program direction, $82,427,000.
(7) For facility transition, $545,268,000.
(b) Plant Projects.--Funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1994 for plant projects
(including maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition related
thereto) in carrying out environmental restoration and waste management
activities necessary for national security programs as follows:
Project GPD-171, general plant projects, various locations,
$48,180,000.
Project 94-D-122, underground storage tanks, Rocky Flats,
Colorado, $700,000.
Project 94-D-400, high explosive wastewater treatment system,
Los Alamos National Laboratory, Los Alamos, New Mexico, $1,000,000.
Project 94-D-401, emergency response facility, Idaho National
Engineering Laboratory, Idaho, $600,000.
Project 94-D-402, liquid waste treatment system, Nevada Test
Site, Nevada, $2,114,000.
Project 94-D-404, Melton Valley storage tank capacity increase,
Oak Ridge National Laboratory, Oak Ridge, Tennessee, $9,400,000.
Project 94-D-405, central neutralization facility pipeline
extension project, K-25, Oak Ridge, Tennessee, $1,714,000.
Project 94-D-406, low-level waste disposal facilities, K-25, Oak
Ridge, Tennessee, $6,000,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $7,000,000.
Project 94-D-408, office facilities--200 East, Richland,
Washington, $1,200,000.
Project 94-D-411, solid waste operation complex, Richland,
Washington, $7,100,000.
Project 94-D-412, 300 area process sewer piping upgrade,
Richland, Washington, $1,100,000.
Project 94-D-414, site 300 explosive waste storage facility,
Lawrence Livermore National Laboratory, Livermore, California,
$370,000.
Project 94-D-415, medical facilities, Idaho National Engineering
Laboratory, Idaho, $1,110,000.
Project 94-D-416, solvent storage tanks installation, Savannah
River, South Carolina, $1,500,000.
Project 94-D-451, infrastructure replacement, Rocky Flats Plant,
Golden, Colorado, $6,600,000.
Project 93-D-172, electrical upgrade, Idaho National Engineering
Laboratory, Idaho, $9,600,000.
Project 93-D-174, plant drain waste water treatment upgrades, Y-
12 Plant, Oak Ridge, Tennessee, $3,500,000.
Project 93-D-175, industrial waste compaction facility, Y-12
Plant, Oak Ridge, Tennessee, $1,800,000.
Project 93-D-176, Oak Ridge reservation storage facility, K-25
Plant, Oak Ridge, Tennessee, $6,039,000.
Project 93-D-177, disposal of K-1515 sanitary water treatment
plant waste, K-25 Plant, Oak Ridge, Tennessee, $7,100,000.
Project 93-D-178, building 374 liquid waste treatment facility,
Rocky Flats, Golden, Colorado, $1,000,000.
Project 93-D-181, radioactive liquid waste line replacement,
Richland, Washington, $6,000,000.
Project 93-D-182, replacement of cross-site transfer system,
Richland, Washington, $6,500,000.
Project 93-D-183, multi-tank waste storage facility, Richland,
Washington, $45,660,000.
Project 93-D-184, 325 facility compliance/renovation, Richland,
Washington, $3,500,000.
Project 93-D-185, landlord program safety compliance, Phase II,
Richland, Washington, $1,351,000.
Project 93-D-187, high-level waste removal from filled waste
tanks, Savannah River, Aiken, South Carolina, $3,000,000.
Project 93-D-188, new sanitary landfill, Savannah River, Aiken,
South Carolina, $1,020,000.
Project 92-D-125, master safeguards and security agreement/
materials surveillance task force security upgrades, Rocky Flats
Plant, Golden, Colorado, $3,900,000.
Project 92-D-172, hazardous waste treatment and processing
facility, Pantex Plant, Amarillo, Texas, $300,000.
Project 92-D-173, nitrogen oxide abatement facility, Idaho
Chemical Processing Plant, Idaho National Engineering Laboratory,
Idaho, $10,000,000.
Project 92-D-177, tank 101-AZ waste retrieval system, Richland,
Washington, $7,000,000.
Project 92-D-181, INEL fire and life safety improvements, Idaho
National Engineering Laboratory, Idaho, $5,000,000.
Project 92-D-182, INEL sewer system upgrade, Idaho National
Engineering Laboratory, Idaho, $1,450,000.
Project 92-D-183, INEL transportation complex, Idaho National
Engineering Laboratory, Idaho, $7,198,000.
Project 92-D-184, Hanford infrastructure underground storage
tanks, Richland, Washington, $300,000.
Project 92-D-186, steam system rehabilitation, Phase II,
Richland, Washington, $4,300,000.
Project 92-D-187, 300 area electrical distribution, conversion,
and safety improvements, Phase II, Richlan
2000
d, Washington,
$10,276,000.
Project 92-D-188, waste management ES&H, and compliance
activities, various locations, $8,568,000.
Project 92-D-403, tank upgrade project, Lawrence Livermore
National Laboratory, California, $3,888,000.
Project 91-D-171, waste receiving and processing facility,
module 1, Richland, Washington, $17,700,000.
Project 91-D-175, 300 area electrical distribution, conversion,
and safety improvements, Phase I, Richland, Washington, $1,500,000.
Project 90-D-172, aging waste transfer line, Richland,
Washington, $5,000,000.
Project 90-D-175, landlord program safety compliance-I,
Richland, Washington, $1,800,000.
Project 90-D-177, RWMC transuranic (TRU) waste characterization
and storage facility, Idaho National Engineering Laboratory, Idaho,
$21,700,000.
Project 89-D-172, Hanford environmental compliance, Richland,
Washington, $11,700,000.
Project 89-D-173, tank farm ventilation upgrade, Richland,
Washington, $1,000,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River, South Carolina, $12,974,000.
Project 88-D-173, Hanford waste vitrification plant, Richland,
Washington, $40,000,000.
Project 87-D-181, diversion box and pump pit containment
buildings, Savannah River, South Carolina, $2,137,000.
Project 86-D-103, decontamination and waste treatment facility,
Lawrence Livermore National Laboratory, California, $10,260,000.
Project 83-D-148, nonradioactive hazardous waste management,
Savannah River, South Carolina, $2,169,000.
Project 81-T-105, defense waste processing facility, Savannah
River, South Carolina, $43,873,000.
(c) Capital Equipment.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1994 for
capital equipment not related to construction in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $203,826,000, to be
allocated as follows:
(1) For corrective activities, $600,000.
(2) For waste management, $138,781,000.
(3) For technology development, $29,850,000.
(4) For transportation management, $400,000.
(5) For program direction, $9,469,000.
(6) For facility transition and management, $24,726,000.
(d) General Reduction in Operating Expenses.--The amount authorized
to be appropriated for operating expenses pursuant to subsection (a) is
the amount authorized to be appropriated in that subsection reduced by
$280,000,000.
(e) Prior Year Balances.--The total amount authorized to be
appropriated pursuant to this section is the sum of the amounts
authorized to be appropriated in subsections (a), (b), and (c) reduced
by $86,600,000. In determining the amount authorized to be appropriated
pursuant to subsection (a) for the purposes of this subsection,
subsection (d) shall be taken into account.
SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS.
(a) Operating Expenses.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1994 for
operating expenses incurred in carrying out nuclear materials support
and other defense programs necessary for national security programs in
the amount of $2,182,315,000, to be allocated as follows:
(1) For nuclear materials support, $873,123,000.
(2) For verification and control technology, $341,941,000.
(3) For nuclear safeguards and security, $82,700,000.
(4) For security investigations, $49,000,000.
(5) For security evaluations, $14,961,000.
(6) For nuclear safety, $24,859,000.
(7) For worker training and adjustment, $100,000,000.
(8) For naval reactors, including enrichment materials,
$695,731,000.
(b) Plant Projects.--Funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1994 for plant projects
(including maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition related
thereto) in carrying out nuclear materials support and other defense
programs necessary for national security programs as follows:
(1) For materials support:
Project GPD-146, general plant projects, various locations,
$23,000,000.
Project 93-D-147, domestic water system upgrade, Phases I
and II, Savannah River, South Carolina, $7,720,000.
Project 93-D-148, replace high-level drain lines, Savannah
River, South Carolina, $1,800,000.
Project 93-D-152, environmental modification for production
facilities, Savannah River, South Carolina, $20,000,000.
Project 92-D-140, F&H canyon exhaust upgrades, Savannah
River, South Carolina, $15,000,000.
Project 92-D-142, nuclear material processing training
center, Savannah River, South Carolina, $8,900,000.
Project 92-D-143, health protection instrument calibration
facility, Savannah River, South Carolina, $9,600,000.
Project 92-D-150, operations support facilities, Savannah
River, South Carolina, $26,900,000.
Project 92-D-153, engineering support facility, Savannah
River, South Carolina, $9,500,000.
Project 90-D-149, plantwide fire protection, Phases I and
II, Savannah River, South Carolina, $25,950,000.
Project 86-D-149, productivity retention program, Phases I,
II, III, IV, V, and VI, various locations, $3,700,000.
(2) For verification and control technology:
Project 90-D-186, center for national security and arms
control, Sandia National Laboratories, Albuquerque, New Mexico,
$8,515,000.
(3) For naval reactors development:
Project GPN-101, general plant projects, various locations,
$7,500,000.
Project 93-D-200, engineering services facilities, Knolls
Atomic Power Laboratory, Niskayuna, New York, $7,000,000.
Project 92-D-200, laboratories facilities upgrades, various
locations, $2,800,000.
(c) Capital Equipment.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1994 for
capital equipment not related to construction in carrying out nuclear
materials support and other defense programs necessary for national
security programs as follows:
(1) For materials support, $65,000,000.
(2) For verification and control technology, $15,573,000.
(3) For nuclear safeguards and security, $4,101,000.
(4) For nuclear safety, $50,000.
(5) For naval reactors, $46,900,000.
(d) Adjustments.--The total amount that may be appropriated pursuant
to this section is the sum of the amounts authorized to be appropriated
in subsections (a) through (c) reduced by--
(1) $100,000,000, for recovery of overpayment to the Savannah
River Pension Fund;
(2) $409,132,000, for use of prior year balances for materials
support and other defense programs; and
(3) $18,937,000, for salary reductions.
(e) Economic Adjustment Assistance.--Of the amount provided under
subsection (a)(7) for worker training and adjustment, $6,000,000 shall
be available for providing economic assistance and development funding
for local counties or localities surrounding the property of the
Department of Energy defense nuclear facility at the Savannah River
Site, South Carolina. To the extent practicable, the amount of
assistance to be provided should be distributed as follows:
(1) $1,000,000 to plan community adjustments and economic
diversification.
(2) $5,000,000 to carry out a community adjustments and economic
diversification program.
(f) Use of Technology Transfer Funds at the Savannah River Site.--Of
amounts authorized to be appropriated i
2000
n subsection (a)(1) for nuclear
materials support, there are hereby authorized to be appropriated
$4,000,000 for technology transfer activities at the Department of
Energy defense production facility at the Savannah River Site, South
Carolina.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1994 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $120,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) Notice to Congress.--(1) Except as otherwise provided in this
title--
(A) no amount appropriated pursuant to this title may be used
for any program in excess of the lesser of--
(i) 105 percent of the amount authorized for that program by
this title; or
(ii) $10,000,000 more than the amount authorized for that
program by this title; and
(B) no amount appropriated pursuant to this title may be used
for any program which has not been presented to, or requested of,
the Congress.
(2) An action described in paragraph (1) may not be taken until--
(A) the Secretary of Energy has submitted to the congressional
defense committees 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; and
(B) a period of 30 days has elapsed after the date on which the
report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 calendar days to a
day certain.
(b) Limitation on Amount Obligated.--In no event may the total
amount of funds obligated pursuant to this title exceed the total amount
authorized to be appropriated by this title.
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 provisions
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 construction of
any general plant project authorized by this title, the estimated 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 additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by sections 3101, 3102, and 3103, or which
is in support of national security programs of the Department of Energy
and was authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project as
shown in the most recent budget justification data submitted to the
Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the congressional
defense committees a report on the action and the circumstances
making such action necessary; and
(B) a period of 30 days has elapsed after the date on which the
report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 calendar days to a
day certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
Funds appropriated pursuant to this title may be transferred to
other agencies of the Federal Government for the performance of the work
for which the funds were appropriated, and funds so transferred may be
merged with the appropriations of the agency to which the funds are
transferred.
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.
(a) In General.--(1) Within the amounts authorized by this title for
plant engineering and design, the Secretary of Energy may carry out
advance planning and construction design (including architectural and
engineering services) in connection with any proposed construction
project if the total estimated cost for such planning and design does
not exceed $2,000,000.
(2) In the case of any project in which the total estimated cost for
advance planning and design exceeds $300,000, the 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 design
services for such project.
(b) Specific Authority Required.--In any case in which the total
estimated cost for advance planning and construction design in
connection with any construction project exceeds $2,000,000, funds for
such planning and design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy, including those funds authorized to be
appropriated for advance planning and construction design under sections
3101, 3102, and 3103, to perform planning, design, and construction
activities for any Department of Energy defense activity construction
project that, as determined by the Secretary, must proceed expeditiously
in order to protect public health and safety, meet the needs of national
defense, or protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a report
on the activities that the Secretary intends to carry out under this
section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b) does not
apply to emergency planning, design, and construction activities
conducted under this section.
(d) Report.--The Secretary of Energy shall promptly report to the
congressional defense committees any exercise of authority under this
section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts appropriated for
operating expenses, plant projects, and capital equipment may remain
available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.
Of the funds authorized to be appropriated to the Department of
Energy for fiscal year 1994 for operating expenses and plant and capital
equipment, $188,413,000 shall be available for the defense inertial
confinement fusion program.
SEC. 3132. PAYMENT OF PENALTY ASSESSED AGAINST HANFORD PROJECT.
The Secretary of Energy may pay to the Hazardous Substances Response
Trust, from funds appropriated to the Department of Energy for
environmental restoration and waste management activities pursuant to
section 3102, a stipulated civil penalty in
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the amount of $100,000
assessed under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Hanford
Consent Agreement and Compliance Order for Department of Energy Hanford.
SEC. 3133. WATER MANAGEMENT PROGRAMS.
From funds authorized to be appropriated pursuant to section 3102(a)
to the Department of Energy for environmental restoration and waste
management activities, the Secretary of Energy may reimburse the cities
of Westminster, Broomfield, Thornton, and Northglenn, in the State of
Colorado, $11,300,000 for the cost of implementing water management
programs. Reimbursements for the water management programs 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. 3134. TECHNOLOGY TRANSFER.
(a) In General.--(1) The Secretary of Energy may use for technology
transfer activities described in paragraph (2), and for cooperative
research and development agreements and partnerships to carry out such
activities, funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1994 under sections 3101 and 3103.
(2) The activities that may be funded under this paragraph are those
activities determined by the Secretary of Energy to facilitate the
maintenance and enhancement of critical skills required for research on,
and development of, any dual-use critical technology.
(b) Applicability of Certain Laws.--The Secretary of Energy shall
conduct the activities funded under subsection (a) in accordance with
applicable laws and regulations relating to grants, contracts, and
cooperative agreements of the Department of Energy, including the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.), the National Competitiveness Technology Transfer Act of 1989 (15
U.S.C. 3701 note), and section 3136 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C. 2123).
(c) Definition.--For purposes of this section, the term ``dual-use
critical technology'' has the meaning given such term by section 3136(b)
of the National Defense Authorization Act for Fiscal Years 1992 and 1993
(42 U.S.C. 2123(b)).
SEC. 3135. TECHNOLOGY TRANSFER AND ECONOMIC DEVELOPMENT ACTIVITIES FOR
COMMUNITIES SURROUNDING SAVANNAH RIVER SITE.
(a) Plan.--(1) The Secretary of Energy shall submit to the Congress
a plan for the expenditure of funds in an equitable manner to foster
technology transfer to, and economic development activities in, the
communities surrounding the Savannah River Site, South Carolina.
(2) The plan required under paragraph (1)--
(A) shall be based on a report on the matters referred to in
that paragraph that is prepared by the appropriate official of the
Department of Energy at the Savannah River Site and submitted to the
Secretary; and
(B) shall be submitted to the Congress by the Secretary within
30 days after the date on which the report referred to in
subparagraph (A) is submitted to the Secretary.
(b) Limitation.--The Secretary of Energy may not, for the purpose of
fostering technology transfer to, and economic development activities
in, the communities referred to in subsection (a)(1), obligate more than
$5,000,000 of the $30,000,000 appropriated to the Department of Energy
for such purpose pursuant to the authorization of appropriations in
section 3102 until 30 days after the date on which the Secretary submits
to the Congress the plan required under that subsection.
SEC. 3136. PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-YIELD NUCLEAR
WEAPONS.
(a) United States Policy.--It shall be the policy of the United
States not to conduct research and development which could lead to the
production by the United States of a new low-yield nuclear weapon,
including a precision low-yield warhead.
(b) Limitation.--The Secretary of Energy may not conduct, or provide
for the conduct of, research and development which could lead to the
production by the United States of a low-yield nuclear weapon which, as
of the date of the enactment of this Act, has not entered production.
(c) Effect on Other Research and Development.--Nothing in this
section shall prohibit the Secretary of Energy from conducting, or
providing for the conduct of, research and development necessary--
(1) to design a testing device that has a yield of less than
five kilotons;
(2) to modify an existing weapon for the purpose of addressing
safety and reliability concerns; or
(3) to address proliferation concerns.
(d) Definition.--In this section, the term ``low-yield nuclear
weapon'' means a nuclear weapon that has a yield of less than five
kilotons.
SEC. 3137. TESTING OF NUCLEAR WEAPONS.
(a) In General.--Of the funds authorized to be appropriated under
section 3101(a)(2) for the Department of Energy for fiscal year 1994 for
weapons testing, $211,326,000 shall be available for infrastructure
maintenance at the Nevada Test Site, and for maintaining the technical
capability to resume underground nuclear testing at the Nevada Test
Site.
(b) Atmospheric Testing of Nuclear Weapons.--None of the funds
appropriated pursuant to this Act or any other Act for any fiscal year
may be available to maintain the capability of the United States to
conduct atmospheric testing of a nuclear weapon.
SEC. 3138. STOCKPILE STEWARDSHIP PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a
stewardship program to ensure the preservation of the core intellectual
and technical competencies of the United States in nuclear weapons,
including weapons design, system integration, manufacturing, security,
use control, reliability assessment, and certification.
(b) Program Elements.--The program shall include the following:
(1) An increased level of effort for advanced computational
capabilities to enhance the simulation and modeling capabilities of
the United States with respect to the detonation of nuclear weapons.
(2) An increased level of effort for above-ground experimental
programs, such as hydrotesting, high-energy lasers, inertial
confinement fusion, plasma physics, and materials research.
(3) Support for new facilities construction projects that
contribute to the experimental capabilities of the United States,
such as an advanced hydrodynamics facility, the National Ignition
Facility, and other facilities for above-ground experiments to
assess nuclear weapons effects.
(c) Authorization of Appropriations.--Of funds authorized to be
appropriated to the Secretary of Energy for fiscal year 1994 for weapons
activities, $157,400,000 shall be available for the stewardship program
established under subsection (a).
(d) Report.--Each year, at the same time the President submits the
budget under section 1105 of title 31, United States Code, the President
shall submit to the Congress a report covering the most recently
completed calendar year which sets forth--
(1) any concerns with respect to the safety, security,
effectiveness, or reliability of existing United States nuclear
weapons raised by the Stockpile Surveillance Program of the
Department of Energy, and the calculations and experiments performed
by Sandia National Laboratories, Lawrence Livermore National
Laboratory, or Los Alamos National Laboratory; and
(2) if such concerns have been raised, the President's
evaluation of each concern and a report on what actions are being or
will be taken to address that concern.
SEC. 3139. NATIONAL SECURITY PROGRAMS.
Notwithstanding any other provision of law, not more than 95 percent
of the funds appropriated to the Department of Energy for national
security programs under this title may be obligated for such programs
until the Secretary of Energy submits to the congressional defense
committees the five-year budget plan with respect to fiscal year 1994
required under sectio
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n 3144 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1681; 42
U.S.C. 7271b).
SEC. 3140. EXPENDED CORE FACILITY DRY CELL.
None of the funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1994 may be obligated for project
90-N-102, expended core facility dry cell project, Naval Reactors
Facility, Idaho, until shipment of spent naval nuclear fuel from United
States naval surface ships and submarines to the Idaho Engineering
Laboratory, Idaho, is resumed.
SEC. 3141. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR ENVIRONMENTAL
RESTORATION AND WASTE MANAGEMENT.
Of the funds authorized to be appropriated to the Department of
Energy for fiscal year 1994 for environmental restoration and waste
management, $1,000,000 shall be available for the 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 (42 U.S.C. 7274e).
SEC. 3142. HAZARDOUS MATERIALS MANAGEMENT AND HAZARDOUS MATERIALS
EMERGENCY RESPONSE TRAINING PROGRAM.
Of the funds authorized to be appropriated to the Department of
Energy for fiscal year 1994 under section 3102, not more than
$10,000,000 shall be available to carry out a hazardous materials
management and hazardous materials emergency response training program.
SEC. 3143. WORKER HEALTH AND PROTECTION.
(a) Hanford Health Information Network.--Of the funds authorized to
be appropriated to the Department of Energy for fiscal year 1994 under
section 3101(a), $1,750,000 shall be available for activities relating
to the Hanford health information network established pursuant to the
authority set forth in section 3138 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1834).
(b) Protection of Nuclear Weapons Facilities Workers.--Of the funds
authorized to be appropriated to the Department of Energy for fiscal
year 1994 for environmental restoration and waste management,
$11,000,000 shall be available to carry out activities authorized under
section 3131 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 42 U.S.C. 7274d), relating to worker
protection at nuclear weapons facilities.
SEC. 3144. VERIFICATION AND CONTROL TECHNOLOGY.
Of the funds authorized to be appropriated to the Department of
Energy for fiscal year 1994 for operating expenses for activities
relating to verification and control technology, not more than
$334,441,000 may be obligated until the Secretary of Defense submits the
report required by section 1606.
SEC. 3145. TRITIUM PRODUCTION REQUIREMENTS.
(a) Evaluation.--(1) The Secretary of Energy shall evaluate--
(A) a range of contingency options for meeting potential tritium
requirements of the United States before 2008; and
(B) long-term options for the production of tritium to meet the
tritium requirements of the United States after 2008.
(2) Among the long-term options evaluated under paragraph (1)(B),
the Secretary of Energy shall consider--
(A) those technologies and reactors that are evaluated by the
Secretary for plutonium disposition and are appropriate for the
production of tritium, for the feasibility and cost-effectiveness of
using such technologies and reactors for the production of tritium;
and
(B) any proposals for the private financing of tritium
production facilities or for the commercial production of tritium
that the Secretary considers promising.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
Congress a report on the contingency options evaluated under subsection
(a)(1)(A) which sets forth the Secretary's plan for meeting, through
2008, the requirements of the United States for tritium for national
security purposes. The report shall include an assessment of the effect
of the closing of the K reactor at the Savannah River Site, South
Carolina, on the ability of the Department of Energy to meet such
requirements. The report shall be submitted in unclassified form, with a
classified appendix if necessary.
(c) Environmental Impact Statement.--The Secretary of Energy shall
include an assessment of the capacity of the Department of Energy to
produce tritium after 2008 in the Secretary's programmatic environmental
impact statement under 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)) on the reconfiguration of the
Department of Energy nuclear weapons complex. The Secretary shall issue
the programmatic environmental impact statement not later than March 1,
1995.
Subtitle D--Other Matters
SEC. 3151. LIMITATIONS ON THE RECEIPT AND STORAGE OF SPENT NUCLEAR FUEL
FROM FOREIGN RESEARCH REACTORS.
(a) Purpose.--It is the purpose of this section to regulate the
receipt and storage of spent nuclear fuel at the Department of Energy
defense nuclear facility located at the Savannah River Site, South
Carolina (in this section referred to as the ``Savannah River Site'').
(b) Receipt in Emergency Circumstances.--When the Secretary of
Energy determines that emergency circumstances make it necessary to
receive spent nuclear fuel, the Secretary shall submit a notification of
that determination to the Congress. The Secretary may not receive spent
nuclear fuel at the Savannah River Site until the expiration of the 30-
day period beginning on the date on which the Congress receives the
notification.
(c) Limitation on Storage in Non-emergency Circumstances.--The
Secretary of Energy may not, under other than emergency circumstances,
receive and store at the Savannah River Site any spent nuclear fuel in
excess of the amount that (as of the date of the enactment of this Act)
the Savannah River Site is capable of receiving and storing, until, with
respect to the receipt and storage of any such spent nuclear fuel--
(1) the completion of an environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C));
(2) the expiration of the 90-day period (as prescribed by
regulation pursuant to such Act) beginning on the date of such
completion; and
(3) the signing by the Secretary of a record of decision
following such completion.
(d) Limitations on Receipt.--The Secretary of Energy may not, under
emergency or non-emergency circumstances, receive spent nuclear fuel if
the spent nuclear fuel--
(1) cannot be transferred in an expeditious manner from its port
of entry in the United States to a storage facility that is located
at a Department of Energy facility and is capable of receiving and
storing the spent nuclear fuel; or
(2) will remain on a vessel in the port of entry for a period
that exceeds the period necessary to unload the fuel from the vessel
pursuant to routine unloading procedures.
(e) Criteria for Port of Entry.--The Secretary of Energy shall, if
economically feasible and to the maximum extent practicable, provide for
the receipt of spent nuclear fuel under this section at a port of entry
in the United States which, as determined by the Secretary and compared
to each other port of entry in the United States that is capable of
receiving the spent nuclear fuel--
(1) has the lowest human population in the area surrounding the
port of entry;
(2) is closest in proximity to the facility which will store the
spent nuclear fuel; and
(3) has the most appropriate facilities for, and experience in,
receiving spent nuclear fuel.
(f) Definition.--In this section, the term ``spent nuclear fuel''
means nuclear fuel that--
(1) was originally exported to a foreign country from the United
States in the form of highly enriched uranium; and
(2) was used in a research reactor by the Government of a
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foreign country or by a foreign-owned or foreign-controlled entity.
SEC. 3152. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT IN NEW
MEXICO.
Section 1433(a) of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 2073) is amended in the second
sentence by striking out ``four additional one-year periods'' and
inserting in lieu thereof ``nine additional one-year periods''.
SEC. 3153. BASELINE ENVIRONMENTAL MANAGEMENT REPORTS.
(a) Annual Environmental Restoration Reports.--(1) The Secretary of
Energy shall (in the years and at the times specified in paragraph (2))
submit to the Congress a report on the activities and projects necessary
to carry out the environmental restoration of all Department of Energy
defense nuclear facilities.
(2) Reports under paragraph (1) shall be submitted as follows:
(A) The initial report shall be submitted not later than March
1, 1995.
(B) A report after the initial report shall be submitted in each
year after 1995 during which the Secretary of Energy conducts, or
plans to conduct, environmental restoration activities and projects,
not later than 30 days after the date on which the President submits
to the Congress the budget for the fiscal year beginning in that
year.
(b) Annual Waste Management Reports.--(1) The Secretary of Energy
shall (in the years and at the times specified in paragraph (2)) submit
to the Congress a report on all activities and projects for waste
management, transition of operational facilities to safe shutdown
status, and technology research and development related to such
activities and projects that are necessary for Department of Energy
defense nuclear facilities.
(2) Reports required under paragraph (1) shall be submitted as
follows:
(A) The initial report shall be submitted not later than June 1,
1995.
(B) A report after the initial report shall be submitted in each
year after 1995, not later than 30 days after the date on which the
President submits to the Congress the budget for the fiscal year
beginning in that year.
(c) Contents of Reports.--A report required under subsection (a) or
(b) shall be based on compliance with all applicable provisions of law,
permits, regulations, orders, and agreements, and shall--
(1) provide the estimated total cost of, and the complete
schedule for, the activities and projects covered by the report; and
(2) with respect to each such activity and project, contain--
(A) a description of the activity or project;
(B) a description of the problem addressed by the activity
or project;
(C) the proposed remediation of the problem, if the
remediation is known or decided;
(D) the estimated cost to complete the activity or project,
including, where appropriate, the cost for every five-year
increment; and
(E) the estimated date for completion of the activity or
project, including, where appropriate, progress milestones for
every five-year increment.
(d) Annual Status and Variance Reports.--(1)(A) The Secretary of
Energy shall (in the years and at the time specified in subparagraph
(B)) submit to the Congress a status and variance report on
environmental restoration and waste management activities and projects
at Department of Energy defense nuclear facilities.
(B) A report under subparagraph (A) shall be submitted in 1995 and
in each year thereafter during which the Secretary of Energy conducts
environmental restoration and waste management activities, not later
than 30 days after the date on which the President submits to the
Congress the budget for the fiscal year beginning in that year.
(2) Each status and variance report under paragraph (1) shall
contain the following:
(A) Information on each such activity and project for which
funds were appropriated for the fiscal year immediately before the
fiscal year during which the report is submitted, including the
following:
(i) Information on whether or not the activity or project
has been completed, and information on the estimated date of
completion for activities or projects that have not been
completed.
(ii) The total amount of funds expended for the activity or
project during such prior fiscal year, including the amount of
funds expended from amounts made available as the result of
supplemental appropriations or a transfer of funds, and an
estimate of the total amount of funds required to complete the
activity or project.
(iii) Information on whether the President requested an
amount of funds for the activity or project in the budget for
the fiscal year during which the report is submitted, and
whether such funds were appropriated or transferred.
(iv) An explanation of the reasons for any projected cost
variance between actual and estimated expenditures of more than
15 percent or $10,000,000, or any schedule delay of more than
six months, for the activity or project.
(B) For the fiscal year during which the report is submitted, a
disaggregation of the funds appropriated for Department of Energy
defense environmental restoration and waste management into the
activities and projects (including discrete parts of multiyear
activities and projects) that the Secretary of Energy expects to
accomplish during that fiscal year.
(C) For the fiscal year for which the budget is submitted, a
disaggregation of the Department of Energy defense environmental
restoration and waste management budget request into the activities
and projects (including discrete parts of multiyear activities and
projects) that the Secretary of Energy expects to accomplish during
that fiscal year.
(e) Compliance Tracking.--In preparing a report under this section,
the Secretary of Energy shall provide, with respect to each activity and
project identified in the report, information which is sufficient to
track the Department of Energy's compliance with relevant Federal and
State regulatory milestones.
SEC. 3154. LEASE OF PROPERTY AT DEPARTMENT OF ENERGY WEAPON PRODUCTION
FACILITIES.
Section 646 of the Department of Energy Organization Act (42 U.S.C.
7256) is amended by adding at the end the following new subsections:
``(c) The Secretary may lease, upon terms and conditions the
Secretary considers appropriate to promote national security or the
public interest, acquired real property and related personal property
that--
``(1) is located at a facility of the Department of Energy to be
closed or reconfigured;
``(2) at the time the lease is entered into, is not needed by
the Department of Energy; and
``(3) is under the control of the Department of Energy.
``(d)(1) A lease entered into under subsection (c) may not be for a
term of more than 10 years, except that the Secretary may enter into a
lease that includes an option to renew for a term of more than 10 years
if the Secretary determines that entering into such a lease will promote
the national security or be in the public interest.
``(2) A lease entered into under subsection (c) may provide for the
payment (in cash or in kind) by the lessee of consideration in an amount
that is less than the fair market rental value of the leasehold
interest. Services relating to the protection and maintenance of the
leased property may constitute all or part of such consideration.
``(e)(1) Before entering into a lease under subsection (c), the
Secretary shall consult with the Administrator of the Environmental
Protection Agency (with respect to property located on a site on the
National Priorities List) or the appropriate State official (with
respect to property located on a site that is not listed on the National
Priorities List) to determine whether the envi
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ronmental conditions of
the property are such that leasing the property, and the terms and
conditions of the lease agreement, are consistent with safety and the
protection of public health and the environment.
``(2) Before entering into a lease under subsection (c), the
Secretary shall obtain the concurrence of the Administrator of the
Environmental Protection Agency or the appropriate State official, as
the case may be, in the determination required under paragraph (1). The
Secretary may enter into a lease under subsection (c) without obtaining
such concurrence if, within 60 days after the Secretary requests the
concurrence, the Administrator or appropriate State official, as the
case may be, fails to submit to the Secretary a notice of such
individual's concurrence with, or rejection of, the determination.
``(f) To the extent provided in advance in appropriations Acts, the
Secretary may retain and use money rentals received by the Secretary
directly from a lease entered into under subsection (c) in any amount
the Secretary considers necessary to cover the administrative expenses
of the lease, the maintenance and repair of the leased property, or
environmental restoration activities at the facility where the leased
property is located. Amounts retained under this subsection shall be
retained in a separate fund established in the Treasury for such
purpose. The Secretary shall annually submit to the Congress a report on
amounts retained and amounts used under this subsection.''.
SEC. 3155. AUTHORITY TO TRANSFER CERTAIN DEPARTMENT OF ENERGY PROPERTY.
(a) Authority To Transfer.--(1) Notwithstanding any other provision
of law, the Secretary of Energy may transfer, for consideration, all
right, title, and interest of the United States in and to the property
referred to in subsection (b) to any person if the Secretary determines
that such transfer will mitigate the adverse economic consequences that
might otherwise arise from the closure of a Department of Energy
facility.
(2) The amount of consideration received by the United States for a
transfer under paragraph (1) may be less than the fair market value of
the property transferred if the Secretary determines that the receipt of
such lesser amount by the United States is in accordance with the
purpose of such transfer under this section.
(3) The Secretary may require any additional terms and conditions
with respect to a transfer of property under paragraph (1) that the
Secretary determines appropriate to protect the interests of the United
States.
(b) Covered Property.--Property referred to in subsection (a) is the
following property of the Department of Energy that is located at a
Department of Energy facility to be closed or reconfigured:
(1) The personal property and equipment at the facility that the
Secretary determines to be excess to the needs of the Department of
Energy.
(2) Any personal property and equipment at the facility (other
than the property and equipment referred to in paragraph (1)) the
replacement cost of which does not exceed an amount equal to 110
percent of the costs of relocating the property or equipment to
another facility of the Department of Energy.
SEC. 3156. IMPROVED CONGRESSIONAL OVERSIGHT OF DEPARTMENT OF ENERGY
SPECIAL ACCESS PROGRAMS.
(a) In General.--Chapter 9 of the Atomic Energy Act of 1954 (42
U.S.C. 2121 et seq.) is amended by adding at the end the following new
section:
``SEC. 93. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS.
``(a) Annual Report on Special Access Programs.--
``(1) In general.--Not later than February 1 of each year, the
Secretary of Energy shall submit to the congressional defense
committees a report on special access programs of the Department of
Energy carried out under the atomic energy defense activities of the
Department.
``(2) Matters to be included.--Each such report shall set
forth--
``(A) the total amount requested for such programs in the
President's budget for the next fiscal year submitted under
section 1105 of title 31, United States Code; and
``(B) for each such program in that budget, the following:
``(i) A brief description of the program.
``(ii) A brief discussion of the major milestones
established for the program.
``(iii) The actual cost of the program for each fiscal
year during which the program has been conducted before the
fiscal year during which that budget is submitted.
``(iv) The estimated total cost of the program and the
estimated cost of the program for (I) the current fiscal
year, (II) the fiscal year for which the budget is
submitted, and (III) each of the four succeeding fiscal
years during which the program is expected to be conducted.
``(b) Annual Report on New Special Access Programs.--
``(1) In general.--Not later than February 1 of each year, the
Secretary of Energy shall submit to the congressional defense
committees a report that, with respect to each new special access
program, provides--
``(A) notice of the designation of the program as a special
access program; and
``(B) justification for such designation.
``(2) Matters to be included.--A report under paragraph (1) with
respect to a program shall include--
``(A) the current estimate of the total program cost for the
program; and
``(B) an identification of existing programs or technologies
that are similar to the technology, or that have a mission
similar to the mission, of the program that is the subject of
the notice.
``(3) New special access program defined.--In this subsection,
the term `new special access program' means a special access program
that has not previously been covered in a notice and justification
under this subsection.
``(c) Reports on Changes in Classification of Special Access
Programs.--
``(1) Notice to congressional committees.--Whenever a change in
the classification of a special access program of the Department of
Energy is planned to be made or whenever classified information
concerning a special access program of the Department of Energy is
to be declassified and made public, the Secretary of Energy shall
submit to the congressional defense committees a report containing a
description of the proposed change, the reasons for the proposed
change, and notice of any public announcement planned to be made
with respect to the proposed change.
``(2) Time for notice.--Except as provided in paragraph (3), any
report referred to in paragraph (1) shall be submitted not less than
14 days before the date on which the proposed change or public
announcement is to occur.
``(3) Time waiver for exceptional circumstances.--If the
Secretary determines that because of exceptional circumstances the
requirement of paragraph (2) cannot be met with respect to a
proposed change or public announcement concerning a special access
program of the Department of Energy, the Secretary may submit the
report required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change or public
announcement is made and shall include in the report an explanation
of the exceptional circumstances.
``(d) Notice of Change in SAP Designation Criteria.--Whenever there
is a modification or termination of the policy and criteria used for
designating a program of the Department of Energy as a special access
program, the Secretary of Energy shall promptly notify the congressional
defense committees of such modification or termination. Any such
notification shall contain the reasons for the modification or
termination and, in the case of a modification, the provisions of the
policy
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as modified.
``(e) Waiver Authority.--
``(1) In general.--The Secretary of Energy may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if the
Secretary determines that inclusion of that information in the
report would adversely affect the national security. The Secretary
may waive the report-and-wait requirement in subsection (f) if the
Secretary determines that compliance with such requirement would
adversely affect the national security. Any waiver under this
paragraph shall be made on a case-by-case basis.
``(2) Limited notice required.--If the Secretary exercises the
authority provided under paragraph (1), the Secretary shall provide
the information described in that subsection with respect to the
special access program concerned, and the justification for the
waiver, jointly to the chairman and rank-ing minority member of each
of the congressional defense committees.
``(f) Report and Wait for Initiating New Programs.--A special access
program may not be initiated until--
``(1) the congressional defense committees are notified of the
program; and
``(2) a period of 30 days elapses after such notification is
received.
``(g) Congressional Defense Committees Defined.--In this section,
the term `congressional defense committees' means the Committees on
Armed Services and the Committees on Appropriations of the Senate and
House of Representatives.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Atomic Energy Act of 1954 is amended by inserting after the item
relating to section 92 the following new item:
``Sec. 93. Congressional oversight of special access programs.''.
SEC. 3157. REAUTHORIZATION AND EXPANSION OF AUTHORITY TO LOAN PERSONNEL
AND FACILITIES.
(a) Authority To Loan Personnel.--Subsection (a)(1) of section 1434
of the National Defense Authorization Act, Fiscal Year 1989 (Public Law
100-456; 102 Stat. 2074) is amended--
(1) in subparagraph (A)--
(A) by striking out ``and'' at the end of clause (i);
(B) by striking out the period at the end of clause (ii) and
inserting in lieu thereof a semicolon; and
(C) by adding at the end the following:
``(iii) at the Savannah River Site, South Carolina, to loan
personnel in accordance with this section to any community-based
organization; and
``(iv) at the Oak Ridge Reservation, Tennessee, to loan
personnel in accordance with this section to any community-based
organization.''; and
(2) in subparagraph (B)--
(A) by striking out ``and the Idaho'' and inserting in lieu
thereof ``, the Idaho''; and
(B) by adding before the period at the end the following:
``, the Savannah River Site, and the Oak Ridge Reservation''.
(b) Authority To Loan Facilities.--Subsection (b) of such Act is
amended--
(1) by striking out ``or the Idaho'' and inserting in lieu
thereof ``the Idaho''; and
(2) by inserting ``the Savannah River Site, South Carolina, or
the Oak Ridge Reservation, Tennessee,'' before ``to any community-
based organization''.
(c) Duration of Program.--Subsection (c) of such section is
amended--
(1) by striking out ``Reservation, and'' and inserting in lieu
thereof ``Reservation,''; and
(2) by inserting after ``Idaho National Engineering Laboratory''
the following: ``, and September 30, 1995, with respect to the
Savannah River Site, and to the Oak Ridge Reservation''.
SEC. 3158. MODIFICATION OF PAYMENT PROVISION.
Section 1532(a) of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 42 U.S.C. 2391 note) is amended by striking out
``1996'' and inserting in lieu thereof ``1995''.
SEC. 3159. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
(a) Goal.--Except as provided in subsection (c), a goal of 5 percent
of the amount described in subsection (b) shall be the objective of the
Department of Energy in carrying out national security programs of the
Department in each of fiscal years 1994 through 2000 for the total
combined amount obligated for contracts and subcontracts entered into
with--
(1) small business concerns, including mass media and
advertising firms, owned and controlled by socially and economically
disadvantaged individuals (as such term is used in section 8(d) of
the Small Business Act (15 U.S.C. 637(d) and regulations issued
under that section), the majority of the earnings of which directly
accrue to such individuals;
(2) historically Black colleges and universities, including any
nonprofit research institution that was an integral part of such a
college or university before November 14, 1986; and
(3) minority institutions (as defined in section 1046(3) of the
Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)), which, for the
purposes of this section, shall include Hispanic-serving
institutions (as defined in section 316(b)(1) of such Act (20 U.S.C.
1059c(b)(1)).
(b) Amount.--(1) Except as provided in paragraph (2), the
requirements of subsection (a) for any fiscal year apply to the combined
total of the funds obligated for contracts entered into by the
Department of Energy pursuant to competitive procedures for such fiscal
year for purposes of carrying out national security programs of the
Department.
(2) In computing the combined total of funds under paragraph (1) for
a fiscal year, funds obligated for such fiscal year for contracts for
naval reactor programs shall not be included.
(c) Applicability.--Subsection (a) does not apply--
(1) to the extent to which the Secretary of Energy determines
that compelling national security considerations require otherwise;
and
(2) if the Secretary notifies the Congress of such a
determination and the reasons for the determination.
SEC. 3160. AMENDMENTS TO STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF
1980.
Section 12(d) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a(d)) is amended--
(1) in paragraph (2)(B)--
(A) by inserting ``(including a weapon production facility
of the Department of Energy)'' after ``facilities''; and
(B) by inserting ``, or the production, maintenance,
testing, or dismantlement of a nuclear weapon or its
components,'' after ``research and development'';
(2) in paragraph (2)(C)--
(A) by inserting ``(including a weapon production facility
of the Department of Energy)'' after ``facility''; and
(B) by inserting ``, or the production, maintenance,
testing, or dismantlement of a nuclear weapon or its
components,'' after ``research and development'';
(3) in paragraph (2), by striking out ``propulsion program;
and'' in the matter following subparagraph (C) and inserting in lieu
thereof ``propulsion program;'';
(4) in paragraph (3), by striking out the period and inserting
in lieu thereof ``; and''; and
(5) by adding at the end the following new paragraph:
``(4) the term `weapon production facility of the Department of
Energy' means a facility under the control or jurisdiction of the
Secretary of Energy that is operated for national security purposes
and is engaged in the production, maintenance, testing, or
dismantlement of a nuclear weapon or its components.''.
SEC. 3161. CONFLICT OF INTEREST PROVISIONS FOR DEPARTMENT OF ENERGY
EMPLOYEES.
(a) Repeal.--Sections 603, 604, 605, 606, and 607 of the Department
of Energy Organization Act (42 U.S.C. 7213 through 7217) are repealed.
(b) Waiver.--Subsection (c) of section 602 of such Act (42 U.S.C.
7212) is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by redesignating paragraphs (1), (2), and
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(3), as
subparagraphs (A), (B), and (C), respectively; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Secretary may, on a case-by-case basis, waive the
requirements of this section for a supervisory employee covered if the
Secretary finds that the waiver is in the best interests of the
Department. A waiver under this paragraph is effective for that
supervisory employee only if that supervisory employee establishes a
qualified trust as provided in subparts D and E of 5 Code of Federal
Regulations part 2634, as in effect on the date of the enactment of this
provision. The provisions of section 2634.403(b)(3) of such part shall
not apply to this paragraph.
``(B) A waiver under this paragraph shall be published in the
Federal Register and shall contain the basis for the finding required by
this paragraph. The waiver shall be for such period as the Secretary
shall prescribe and may be renewed by the Secretary.''.
(c) Conforming Amendments.--(1) Part A of title VI of such Act (42
U.S.C. 7211 et seq.) is amended--
(A) in section 601(c)(1), by striking out ``sections 602 through
606'' and inserting in lieu thereof ``section 602'';
(B) in section 601(d)--
(i) by striking out ``sections 602(a), 603(a), 605(a), and
606'' and inserting in lieu thereof ``section 602(a)''; and
(ii) by striking out the third sentence;
(C) in section 602(d), by striking out ``pursuant to section
603'' and inserting in lieu thereof ``to the extent known'';
(D) by redesignating section 608 as section 603; and
(E) in section 603, as redesignated by subparagraph (D)--
(i) by striking out subsections (a) and (c);
(ii) by redesignating subsections (b) and (d) as subsections
(a) and (b), respectively; and
(iii) in subsection (a), as redesignated by clause (ii), by
striking out ``section 602, 603, 604, 605, or 606'' and
inserting in lieu thereof ``section 602''.
(2) The table of contents at the beginning of such Act is amended by
striking out the items relating to sections 603, 604, 605, 606, 607, and
608 and inserting in lieu thereof the following:
``Sec. 603. Sanctions.''.
(d) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Energy shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on the application
of part A of title VI of the Department of Energy Organization Act (42
U.S.C 7211 et seq.) to the Department of Energy and its officers and
employees. The report shall--
(1) take into consideration the amendments to part A of title VI
of such Act made by subsections (a), (b), and (c) of this section;
(2) examine whether the provisions of part A of title VI of such
Act are necessary, taking into consideration other provisions of law
regarding conflicts of interest and other statutes and requirements
similar to part A that are applicable to other Federal agencies,
including offices and bureaus of the Department of the Interior and
the Federal Communications Commission;
(3) examine the scope of coverage under the provisions of part A
of title VI of such Act for supervisory employees of the Department
of Energy, and the definition of the term `energy concern' under
section 601(b) of such Act, taking into consideration changes in
responsibilities and duties of the Department of Energy under the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) and
under other laws enacted after the establishment of the Department,
and advise whether such provisions are adequate, overly broad, or
too limiting, as applied to the Department;
(4) examine whether the divestiture provisions of part A of
title VI of such Act are needed, in addition to other applicable
provisions of law and regulations relating to divestiture, to
protect the public interest;
(5) identify the provisions of law and regulations referred to
in paragraph (4) and explain the manner and extent to which such
provisions are adequate for all of the employees covered by part A
of title VI of such Act; and
(6) include any recommendations that the Secretary considers
appropriate.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1994,
$16,560,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. REQUIREMENT FOR TRANSMITTAL TO CONGRESS OF CERTAIN
INFORMATION PREPARED BY DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) Requirement.--Chapter 21 of the Atomic Energy Act of 1954 (42
U.S.C. 2286 et seq.) is amended--
(1) by redesignating section 320 as section 321; and
(2) by inserting after section 319 the following new section
320:
``SEC. 320. TRANSMITTAL OF CERTAIN INFORMATION TO CONGRESS.
``Whenever the Board submits or transmits to the President or the
Director of the Office of Management and Budget any legislative
recommendation, or any statement or information in preparation of a
report to be submitted to the Congress pursuant to section 316(a), the
Board shall submit at the same time a copy thereof to the Congress.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by
striking out the item relating to section 320 and inserting in lieu
thereof the following:
``Sec. 320. Transmittal of certain information to Congress.
``Sec. 321. Annual authorization of appropriations.''.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorizations of Disposals and Use of Funds
SEC. 3301. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS CONTAINED IN THE
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorized.--Subject to the conditions specified in
subsection (b), the President may dispose of obsolete and excess
materials currently contained in the National Defense Stockpile provided
for in section 4 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98c) in order to modernize the stockpile. The materials
subject to disposal under this subsection and the quantity of each
material authorized to be disposed of by the President are set forth in
the following table:
---------------------------------------------------------------------------
Authorized Stockpile Disposals
------------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------------
Analgesics.............................. 53,525 pounds of anhydrous morphine
alkaloid
Antimony................................ 32,140 short tons
Diamond Dies, Small..................... 25,473 pieces
Manganese, Electrolytic................. 14,172 short tons
Mica, Muscovite Block, Stained and 1,866,166 pounds
Better.
Mica, Muscovite Film, 1st & 2d quality.. 158,440 pounds
Mica, Muscovite Splittings.............. 12,540,382 pounds
Quinidine............................... 2,471,287 avoirdupois ounces
Quinidine, Non-Stockpile Grade.......... 1,691 avoirdupois ounces
Quinine................................. 2,770,091 avoirdupois ounces
Quinine, Non-Stockpile Grade............ 475,950 avoirdupois ounces
Rare Earths............................. 504 short dry tons
Vanadium
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Pentoxide...................... 718 short tons of contained vanadium
------------------------------------------------------------------------------
---------------------------------------------------------------------------
(b) Conditions on Disposal.--The authority of the President under
subsection (a) to dispose of materials stored in the National Defense
Stockpile may not be used unless and until the Secretary of Defense
certifies to Congress that the disposal of such materials will not
adversely affect the capability of the stockpile to supply the strategic
and critical materials necessary to meet the needs of the United States
during a period of national emergency that requires a significant level
of mobilization of the economy of the United States, including any
reconstitution of the military and industrial capabilities necessary to
meet the planning assumptions used by the Secretary of Defense under
section 14(b) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-5(b)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
Subject to such limitations as may be provided in appropriations
Acts, during fiscal year 1994, the National Defense Stockpile Manager
may obligate up to $67,300,000 of the funds in the National Defense
Stockpile Transaction Fund established under subsection (a) of section 9
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)
for the authorized uses of such funds under subsection (b)(2) of such
section.
SEC. 3303. REVISION OF AUTHORITY TO DISPOSE OF CERTAIN MATERIALS
AUTHORIZED FOR DISPOSAL IN FISCAL YEAR 1993.
(a) Chromite and Manganese Ores.--During fiscal year 1994, the
disposal of chromite and manganese ores of metallurgical grade under the
authority of section 3302(a) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2649; 50 U.S.C. 98d
note) may be made only for processing within the United States and the
territories and possessions of the United States.
(b) Chromium and Manganese Ferro.--Section 3302(f) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2651; 50 U.S.C. 98d note) is amended by striking out ``October 1,
1993'' and inserting in lieu thereof ``October 1, 1994''.
SEC. 3304. CONVERSION OF CHROMIUM ORE TO HIGH PURITY CHROMIUM METAL.
(a) Upgrade Program Authorized.--Subject to subsection (b), the
National Defense Stockpile Manager may carry out a program to upgrade to
high purity chromium metal any stocks of chromium ore held in the
National Defense Stockpile provided for in section 4 of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98c) if the National
Defense Stockpile Manager determines that additional quantities of high
purity chromium metal are needed in the stockpile.
(b) Inclusion in Annual Materials Plan.--Before entering into any
contract in connection with the upgrade program authorized under
subsection (a), the National Defense Stockpile Manager shall include a
description of the upgrade program in the report containing the annual
materials plan for the operation of the National Defense Stockpile
required to be submitted to Congress under section 11(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2(b))
or in a revision of the report made in the manner provided by section
5(a)(2) of such Act (50 U.S.C. 98d(a)(2)).
Subtitle B--Programmatic Changes
SEC. 3311. STOCKPILING PRINCIPLES.
Section 2(c) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98a(c)) is amended--
(1) in paragraph (2), by striking out ``The quantities'' and
inserting in lieu thereof ``Before October 1, 1994, the
quantities''; and
(2) by adding at the end the following new paragraph:
``(3) On and after October 1, 1994, the quantities of materials
stockpiled under this Act should be sufficient to meet the needs of
the United States during a period of a national emergency that would
necessitate an expansion of the Armed Forces together with a
significant mobilization of the economy of the United States under
planning guidance issued by the Secretary of Defense.''.
SEC. 3312. MODIFICATION OF NOTICE AND WAIT REQUIREMENTS FOR DEVIATIONS
FROM ANNUAL MATERIALS PLAN.
Section 5(a)(2) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98d(a)(2)) is amended by striking out ``and a period of
30 days'' and all that follows through ``more than three days to a day
certain.'' and inserting in lieu thereof ``and a period of 45 days has
passed from the date of the receipt of such statement by such
committees.''.
SEC. 3313. ADDITIONAL AUTHORIZED USES OF THE NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) Employee Pay and Other Expenses.--Section 9(b)(2) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2))
is amended by adding at the end the following new subparagraphs:
``(J) Pay of employees of the National Defense Stockpile
program.
``(K) Other expenses of the National Defense Stockpile
program.''.
(b) Conforming Amendment.--Section 9(b) of such Act (50 U.S.C.
98h(b)) is amended by striking out paragraph (4).
SEC. 3314. NATIONAL EMERGENCY PLANNING ASSUMPTIONS FOR BIENNIAL REPORT
ON STOCKPILE REQUIREMENTS.
Section 14(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-5(b)) is amended--
(1) in the first sentence, by striking out ``, based upon'' and
all that follows through ``three years.'' and inserting in lieu
thereof a period; and
(2) by inserting after the first sentence the following new
sentences: ``Before October 1, 1994, such assumptions shall be based
upon the total mobilization of the economy of the United States for
a sustained conventional global war for a period of not less than
three years. On and after October 1, 1994, such assumptions shall be
based on an assumed national emergency involving military conflict
that necessitates an expansion of the Armed Forces together with a
significant mobilization of the economy of the United States.''.
TITLE XXXIV--CIVIL DEFENSE
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated $146,391,000 for
fiscal year 1994 for the purpose of carrying out the Federal Civil
Defense Act of 1950 (50 U.S.C. App. 2251 et seq.).
SEC. 3402. MODERNIZATION OF THE CIVIL DEFENSE SYSTEM.
(a) Declaration of Policy.--Section 2 of the Federal Civil Defense
Act of 1950 (50 U.S.C. App. 2251) is amended to read as follows:
``SEC. 2. DECLARATION OF POLICY.
``The purpose of this Act is to provide a system of civil defense
for the protection of life and property in the United States from
hazards and to vest responsibility for civil defense jointly in the
Federal Government and the several States and their political
subdivisions. The Congress recognizes that the organizational structure
established jointly by the Federal Government and the several States and
their political subdivisions for civil defense purposes can be
effectively utilized to provide relief and assistance to people in areas
of the United States struck by a hazard. The Federal Government shall
provide necessary direction, coordination, and guidance and shall
provide necessary assistance as authorized in this Act.''.
(b) Definition of Hazard.--Section 3 of the Federal Civil Defense
Act of 1950 (50 U.S.C. App. 2252) is amended--
(1) by redesignating subsections (a) through (h) as subsections
(b) through (i), respectively;
(2) by inserting before subsection (b), as so redesignated, the
following new subsection (a):
``(a) The term `hazard' means an emergency or disaster resulting
from--
``(1) a natural disaster; or
``(2) an accidental or man-caused event, including a civil
disturbance and an attack-related disaster.'';
(3) in subsection (b), as so redesignated--
(A) by striki
2000
ng out ``attack'' the first place it appears
and inserting in lieu thereof ``attack-related disaster''; and
(B) by striking out ``atomic'' and inserting in lieu thereof
``nuclear'';
(4) in subsection (c), as so redesignated, by striking out
``and, for the purposes of this Act'' and all that follows through
``natural disaster;'' and inserting in lieu thereof a period; and
(5) by striking out subsection (d), as so redesignated, and
inserting in lieu thereof the following new subsection:
``(d) The term `civil defense' means all those activities and
measures designed or undertaken to minimize the effects of a hazard upon
the civilian population, to deal with the immediate emergency conditions
which would be created by the hazard, and to effectuate emergency
repairs to, or the emergency restoration of, vital utilities and
facilities destroyed or damaged by the hazard. Such term shall include
the following:
``(1) Measures to be undertaken in preparation for anticipated
hazards (including the establishment of appropriate organizations,
operational plans, and supporting agreements, the recruitment and
training of personnel, the conduct of research, the procurement and
stockpiling of necessary materials and supplies, the provision of
suitable warning systems, the construction or preparation of
shelters, shelter areas, and control centers, and, when appropriate,
the non-military evacuation of civil population).
``(2) Measures to be undertaken during a hazard (including the
enforcement of passive defense regulations prescribed by duly
established military or civil authorities, the evacuation of
personnel to shelter areas, the control of traffic and panic, and
the control and use of lighting and civil communications).
``(3) Measures to be undertaken following a hazard (including
activities for fire fighting, rescue, emergency medical, health and
sanitation services, monitoring for specific dangers of special
weapons, unexploded bomb reconnaissance, essential debris clearance,
emergency welfare measures, and immediately essential emergency
repair or restoration of damaged vital facilities).''.
(c) Conforming Amendments to Reflect Definition of Hazard.--(1)
Section 201 of the Federal Civil Defense Act of 1950 (50 U.S.C. App.
2281) is amended--
(A) in subsection (c), by striking out ``an attack or natural
disaster'' and inserting in lieu thereof ``a hazard'';
(B) in subsection (d), by striking out ``attacks and natural
disasters'' and inserting in lieu thereof ``hazards''; and
(C) in subsection (g)--
(i) by striking out ``an attack or natural disaster'' the
first place it appears and inserting in lieu thereof ``a
hazard''; and
(ii) by striking out ``undergoing an attack or natural
disaster'' and inserting in lieu thereof ``experiencing a
hazard''.
(2) Section 205(d)(1) of such Act (50 U.S.C. App. 2286(d)(1)) is
amended by striking out ``natural disasters'' and inserting in lieu
thereof ``hazards''.
(d) State Use of Funds for Preparation and Response.--(1) Section
207 of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2289) is
amended to read as follows:
``SEC. 207. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZARDS.
``Funds made available to the States under this Act may be used by
the States for the purposes of preparing for, and providing emergency
assistance in response to hazards. Regulations prescribed to carry out
this section shall authorize the use of civil defense personnel,
materials, and facilities supported in whole or in part through
contributions under this Act for civil defense activities and measures
related to hazards.''.
(2) The item relating to section 207 in the table of contents in the
first section of such Act is amended to read as follows:
``Sec. 207. Use of funds to prepare for and respond to hazards.''.
(e) Repeal of Obsolete Provisions.--(1) Title V of the Federal Civil
Defense Act of 1950 (50 U.S.C. App. 2301-2303) is repealed.
(2) The table of contents in the first section of such Act is
amended by striking out the items related to title V.
(f) Technical and Conforming Amendments.--(1) The table of contents
in the first section of the Federal Civil Defense Act of 1950 is
amended--
(A) by inserting after the item relating to section 204 the
following new item:
``Sec. 205. Contributions for personnel and administrative expenses.'';
and
(B) by inserting after the item relating to section 412 the
following new item:
``Sec. 413. Applicability of Reorganization Plan Numbered 1.''.
(2) Section 3 of such Act (50 U.S.C. App. 2252), as amended by
subsection (b) of this section, is further amended--
(A) in each of subsections (b), (e), (f), and (g), as
redesignated by subsection (b)(1) of this section, by striking out
the semicolon at the end and inserting in lieu thereof a period; and
(B) in subsection (h), as so redesignated, by striking out ``;
and'' and inserting in lieu thereof a period.
(3) Section 205 of such Act (50 U.S.C. App. 2286) is amended by
striking out ``Sec. 205.'' and inserting in lieu thereof the following:
``SEC. 205. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.''.
(g) Amendment for Stylistic Consistency.--The Federal Civil Defense
Act of 1950 (50 U.S.C. App. 2251 et seq.) is further amended so that the
section designation and section heading of each section of such Act
shall be in the same form and typeface as the section designation and
heading of section 2 of such Act, as amended by subsection (a) of this
section.
TITLE XXXV--PANAMA CANAL COMMISSION
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1994''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--The Panama Canal Commission is authorized to make
such expenditures within the limits 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 1994.
(b) Limitations.--Expenditures under subsection (a) for
administrative expenses may not exceed $51,742,000, of which not more
than--
(1) $11,000 may be expended for official reception and
representation expenses of the Supervisory Board of the Commission;
(2) $5,000 may be expended for official reception and
representation expenses of the Secretary of the Commission; and
(3) $30,000 may be expended for official reception and
representation expenses of the Administrator of the Commission.
(c) Replacement Vehicles.--Available funds may be used, under the
authority of subsection (a), for the purchase of not more than 35
passenger motor vehicles (including large heavy-duty vehicles used to
transport Commission personnel across the Isthmus of Panama). A vehicle
may be purchased under the authority of the preceding sentence only as
necessary to replace a passenger motor vehicle of the Commission that is
disposed of by the Commission. The purchase price of each vehicle may
not exceed $18,000.
SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.
Expenditures authorized under this Act may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
SEC. 3504. EMPLOYMENT OF COMMISSION EMPLOYEES BY THE GOVERNMENT OF
PANAMA.
(a) Consent of Congress.--Subject to subsection (b), the Congress
consents to employees of the Panama Canal Commission who are not
citizens of the United States accepting civil employment with agencies
and organizations affiliated with the Government of Panama (and
compensation f
887
or that employment) for which the consent of Congress is
required by the 8th clause of section 9 of article I of the Constitution
of the United States, relating to acceptance of emolument, office, or
title from a foreign State.
(b) Condition.--Employees described in subsection (a) may accept
employment described in such subsection (and compensation for that
employment) only if the employment is approved by the designated agency
ethics official of the Panama Canal Commission designated pursuant to
the Ethics in Government Act of 1978 (5 U.S.C. App.), and by the
Administrator of the Panama Canal Commission.
SEC. 3505. LABOR-MANAGEMENT RELATIONS.
Section 1271(a) of the Panama Canal Act of 1979 (22 U.S.C. 3701(a))
is amended--
(1) in paragraph (1), by striking out ``and'' after the
semicolon;
(2) in paragraph (2), by striking out ``supervisors.'' and
inserting in lieu thereof ``supervisors; and''; and
(3) by adding at the end the following:
``(3) any negotiated grievance procedures under section 7121 of
title 5, United States Code, including any provisions relating to
binding arbitration, shall, with respect to any personnel action to
which subchapter II of chapter 75 of such title applies (as
determined under section 7512 of such title), be available to the
same extent and in the same manner as if employees of the Panama
Canal Commission were not excluded from such subchapter under
section 7511(b)(8) of such title.''.
SEC. 3506. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
shall take effect as of October 1, 1993.
(b) Special Rule.--Paragraph (3) of section 1271(a) of the Panama
Canal Act of 1979 (22 U.S.C. 3701(a)), as added by section 3505(3),
shall take effect on the date of the enactment of this Act and shall
apply with respect to grievances arising on or after such date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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