[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2401 Engrossed in House (EH)]
103d CONGRESS
1st Session
H. R. 2401
_______________________________________________________________________
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.
103d CONGRESS
1st Session
H. R. 2401
_______________________________________________________________________
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. Defense Health Program.
Sec. 107. Reserve components.
Sec. 108. Chemical demilitarization program.
Sec. 109. National Shipbuilding Initiative.
Sec. 110. Denial of multiyear procurement authorization.
Subtitle B--Army Programs
Sec. 111. Procurement of helicopters.
Sec. 112. TOW missile program.
Subtitle C--Navy Programs
Sec. 121. DDG-51 destroyer and fast sealift programs.
Sec. 122. Attack submarine programs.
Sec. 123. Long-term lease authority for certain vessels.
Sec. 124. Long-term lease authority for certain roll-on/roll-off
vessels.
Subtitle D--Air Force Programs (Nonstrategic)
Sec. 131. Intertheater airlift program.
Sec. 132. RC-135 aircraft program.
Sec. 133. Use of F-16 aircraft advance procurement funds for program
termination costs.
Sec. 134. C-17 aircraft program.
Subtitle E--Strategic Programs
Sec. 151. B-2 bomber aircraft program.
Sec. 152. B-1 bomber aircraft program.
Sec. 153. Trident II (D-5) missile procurement.
Sec. 154. Study of Trident missile submarine program.
Subtitle F--Other Matters
Sec. 171. Chemical munitions disposal facilities, Tooele Army Depot,
Utah.
Sec. 172. Authority to convey Los Alamos dry dock.
Sec. 173. Sales authority of certain working-capital funded industrial
facilities of the Army.
Sec. 174. Conveyance of observation aircraft.
Sec. 175. Chemical demilitarization program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorizations
Sec. 201. Authorization of appropriations.
Sec. 202. Manufacturing technology development.
Sec. 203. Reentry vehicle industrial base.
Sec. 204. Reallocation of certain R&D funds.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Demonstration program for ballistic missile post-launch
destruct mechanism.
Sec. 212. Funding for certain tactical intelligence programs.
Sec. 213. Federally funded research and development centers.
Sec. 214. High Performance Computer Modernization Program.
Sec. 215. High Performance Computing and Communication Initiative.
Sec. 216. Superconducting Magnetic Energy Storage (SMES) program.
Sec. 217. Single Stage Rocket Technology.
Sec. 218. Advanced anti-radiation guided missile.
Sec. 219. DP-2 Vectored Thrust Technology Demonstration Project.
Sec. 220. Advanced Self Protection Jammer (ASPJ) Program.
Sec. 221. Electronic combat systems testing.
Sec. 222. Limitation on Department of Defense missile launches for test
purposes.
Sec. 223. B-1 bomber aircraft program.
Subtitle C--Missile Defense Programs
Sec. 231. Funding for fiscal year 1994.
Sec. 232. Report on allocation of funds.
Sec. 233. Transfer authorities for ballistic missile defense.
Sec. 234. Revisions to Missile Defense Act of 1991.
Sec. 235. Patriot Advanced Capability-3 theater missile defense system.
Sec. 236. Development and testing of anti-ballistic missile systems or
components to be carried out in accordance
with traditional interpretation of Anti-
Ballistic Missile Treaty.
Sec. 237. Theater missile defense road map.
Sec. 238. Additional BMD programs.
Sec. 239. Report on national missile defense cost.
Sec. 240. Theater missile defense interceptor testing.
Sec. 241. Arrow Tactical Anti-Missile program.
Sec. 242. Extension of prohibition on testing Mid-Infrared Advanced
Chemical Laser against an object in space.
Sec. 243. Technical amendments to reflect redesignation of Strategic
Defense Initiative Organization.
Sec. 244. Clementine satellite program.
Sec. 245. Tactical and theater missile defenses.
Subtitle D--Women's Health Research
Sec. 251. Defense Women's Health Research Center.
Sec. 252. Continuation of army breast cancer research program.
Sec. 253. Inclusion of women and minorities in clinical research
projects.
Sec. 254. Report on research relating to female members of the
uniformed services and female covered
beneficiaries.
Subtitle E--Other Matters
Sec. 261. Repeal of requirement for study by Office of Technology
Assessment.
Sec. 262. Comprehensive independent study of national cryptography
policy.
Sec. 263. Review of assignment of defense research and development
categories.
Sec. 264. One-year delay in transfer of management responsibility for
Navy mine countermeasures program.
Sec. 265. Strategic Environmental Research and Development Program.
Sec. 266. Authorized use for facility constructed with prior defense
grant funds.
Sec. 267. Grant to support establishment of research facility to study
low-level chemical sensitivities.
Sec. 268. Lyme disease program.
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. Transfer from National Defense Stockpile Fund.
Subtitle B--Limitations
Sec. 311. Notification requirement prior to transfer of certain funds.
Sec. 312. Extension of limitation on the use of certain funds for
Pentagon Reservation.
Sec. 313. Prohibition on operation of the Naval Air Station, Bermuda.
Sec. 314. Limitation on the use of appropriated funds for Department of
Defense golf courses.
Sec. 315. Codification of prohibition on the use of certain cost
comparison studies.
Sec. 316. Location of certain prepositioning facilities.
Sec. 317. Use of funds for Navy depot backlog.
Sec. 318. Limitation on use of funds for Trident submarine force.
Sec. 319. Limitation on obligation of funds in connection with upgrades
or repairs at the Army Reserve Facility in
Marcus Hook, Pennsylvania.
Sec. 320. Prohibition on contracts with the Bahrain Ship Repairing and
Engineering Company for ship repair.
Sec. 321. Limitation on chartering of vessels on which reflagging or
conversion work has been performed in a
foreign shipyard.
Sec. 322. One-year prohibition on reduction of force structure for
reserve component special operations
forces.
Sec. 323. Prohibition on joint use of Selfridge Air National Guard
Base, Michigan, with civil aviation.
Sec. 324. Limitation on use of Government facilities for certain master
ship repair agreements.
Subtitle C--Defense-Wide Funds
Sec. 331. Prohibition on use of Defense Business Operations Fund.
Sec. 332. Classification of certain competitive and noncompetitive
activities of the Department of Defense;
Noncompetitive Rates Board.
Sec. 333. Competitive and Regulated Business Operations Funds.
Sec. 334. Extension of limitation on obligation against Defense
Business Operations Fund.
Subtitle D--Depot-Level Activities
Sec. 341. Department of Defense depot task force.
Sec. 342. Retention of depot-level maintenance workload management by
the military departments.
Sec. 343. Continuation of certain percentage limitations on the
performance of depot-level maintenance.
Sec. 344. Prohibition on performance of certain depot-level work by
foreign contractors.
Sec. 345. Modification of limitation on the performance of depot-level
maintenance of materiel.
Sec. 346. Clarification of limitation on the performance of depot-level
maintenance of materiel for new weapon
systems.
Sec. 347. Authority to waive certain claims of the United States.
Subtitle E--Commissaries and Military Exchanges
Sec. 351. Expansion and clarification of commissary and exchange
benefits.
Sec. 352. Prohibition on operation of commissary stores by active duty
members of the Armed Forces.
Sec. 353. Modernization of automated data processing capability of the
Defense Commissary Agency.
Sec. 354. Operation of Stars and Stripes bookstores by the military
exchanges.
Sec. 355. Availability of funds for Nexcom relocation expenses.
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 Army employees 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. Required payment date under Prompt Payment Act for
procurement of baked goods.
Sec. 368. Provision of facilities and services of the Department of
Defense to certain educational entities.
Sec. 369. Modification of restriction on repair of certain vessels the
homeport of which is planned for
reassignment.
Sec. 370. Escorts and flags for civilian employees who die while
serving in an armed conflict with the Armed
Forces.
Sec. 371. Maintenance of Pacific battle monuments.
Sec. 372. Exclusive use of aircraft carrier for full-time training.
Sec. 373. Report on certain educational arrangements for children
residing on military installations in the
United States.
Sec. 374. One-year extension of certain programs.
Sec. 375. Ships' stores.
Subtitle G--Environmental Provisions
Sec. 381. Modification of annual report on environmental restoration
and compliance by the Department of
Defense. -
Sec. 382. Indemnification of transferees of closing defense property.
Sec. 383. Annual report on reimbursement of contractor environmental
response costs for other than response
action contractors.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
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.
Sec. 422. Student loads at war colleges and at command and general
staff colleges.
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. Extension of eligibility for voluntary separation incentive
and special separation benefits programs.
Sec. 503. Eligibility for involuntary separation benefits.
Sec. 504. Two-year extension of authority for temporary promotion of
certain Navy lieutenants.
Sec. 505. Officers ineligible for consideration by early retirement
boards.
Sec. 506. Remedy for ineffective counseling of officers discharged
following selection by early discharge
boards.
Subtitle B--Reserve Components
Sec. 511. Expansion of Selected Reserve call-up period from 90 days to
180 days.
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
Programs.
Sec. 515. Cadre divisions.
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. Revision of certain deadlines under Army Guard combat reform
initiative.
Sec. 519. Annual report on implementation of Army National Guard reform
initiative.
Sec. 520. FFRDC study of State and Federal missions of the National
Guard.
Sec. 521. Educational assistance for graduate programs for members of
the Selected Reserve.
Sec. 522. Transition benefits for Coast Guard Reserve.
Subtitle C--Warrant Officers
Sec. 531. Authorization for involuntary separation of certain regular
warrant officers.
Sec. 532. Determination of service for warrant officer retirement
sanctuary.
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. Gender-neutral occupational performance standards.
Sec. 543. Notice to Congress of changes to ground combat exclusion
policy.
Subtitle E--Victims' Rights and Family Advocacy
Sec. 551. Mandatory arrests by military law enforcement officials when
called to 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.
Subtitle F--Matters Relating to Military Justice
Sec. 561. Improved right of appeal in court-martial cases.
Sec. 562. Clarification of punitive UCMJ article regarding drunken
driving.
Subtitle G--Other Matters
Sec. 571. Change in timing of required drug and alcohol testing and
evaluation of applicants for appointment as
cadet or midshipman and for ROTC graduates.
Sec. 572. Reimbursement requirements for advanced education assistance.
Sec. 573. Recognition of powers of attorney notarized by defense notary
public.
Sec. 574. Policy concerning homosexuality in the Armed Forces.
Sec. 575. Foreign language proficiency test program.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1994.
Sec. 602. Variable housing allowance for certain members who are
required to pay child support and who are
assigned to sea duty.
Sec. 603. Pay for students at service academy preparatory schools.
Sec. 604. Advance payments in connection with the evacuation of members
and dependents of members from designated
places.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Permanent authority for certain bonuses and special pay for
nurse officer candidates, registered nurses
and nurse anesthetists.
Sec. 612. Extension and modification of certain Selected Reserve
bonuses.
Sec. 613. Extensions of authorities relating to payment of other
bonuses and special pays.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Authorization of payment or collection due to fluctuations of
foreign currency incurred by certain
military members.
Subtitle D--Other Matters
Sec. 631. Definition of dependent for purposes of allowances to include
certain unmarried persons in the legal
custody of a member or former member.
Sec. 632. Clarification of eligibility for tuition assistance.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Primary and preventive health-care services for women.
Sec. 702. Definition of dependent for purposes of medical and dental
coverage to include certain unmarried
persons in the legal custody of a member or
former member.
Subtitle B--Health Care Management
Sec. 711. Extension and revision of specialized treatment services
program.
Sec. 712. Codification of CHAMPUS Peer Review Organization program
procedures.
Sec. 713. Federal preemption regarding contracts for medical and dental
care.
Sec. 714. Delay of termination effective date for Uniformed Services
Treatment Facilities.
Sec. 715. Managed-care delivery and reimbursement model for the
Uniformed Services Treatment Facilities.
Sec. 716. Clarification of conditions on expansion of CHAMPUS reform
initiative to other locations.
Sec. 717. Increased flexibility for personal service contracts in
military medical treatment facilities.
Sec. 718. Expansion of the program for the collection of health care
costs from third-party payers.
Sec. 719. Alternative resource allocation method for medical facilities
of the uniformed services.
Sec. 720. Use of health maintenance organization model as option for
military health care.
Sec. 721. Authorization for automated medical record capability to be
included in medical information system.
Subtitle C--Other Matters
Sec. 731. Award of constructive service credit for advanced health
professional degrees.
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. Report on the provision of health-care services to women.
Sec. 735. Sense of Congress regarding the inclusion of chiropractic
care as a type of health care authorized
under CHAMPUS.
Sec. 736. Report regarding demonstration programs for the sale of
pharmaceuticals.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
Sec. 801. Defense Procurement Technical Assistance Program.
Sec. 802. Historically Black colleges and universities.
Subtitle B--Provisions to Streamline Defense Acquisition Laws
Sec. 811. Repeal and amendment of obsolete, redundant, or otherwise
unnecessary laws applicable to Department
of Defense generally.
Sec. 812. Extension to Department of Defense generally of certain
acquisition laws applicable to the Army and
Air Force.
Sec. 813. Repeal and amendment of certain acquisition laws applicable
to the Army and Air Force.
Sec. 814. Consolidation, repeal, and amendment of certain acquisition
laws applicable to the Navy.
Sec. 815. Additional authority to contract for fuel storage and
management.
Sec. 816. Additional authority relating to the acquisition of
petroleum.
Sec. 817. Simplified acquisition threshold.
Sec. 818. Procurement of commercial and nondevelopmental items.
Sec. 819. Technical and clerical amendments.
Subtitle C--Other Matters
Sec. 821. Reports on contract bundling.
Sec. 822. Prohibition on competition between depot maintenance
activities and small businesses for certain
maintenance contracts.
Sec. 823. Clarification of requirement for domestic manufacture of
propellers for ships funded under the Fast
Sealift Program.
Sec. 824. Pilot program to improve pricing policies for use of major
range and test facility installations of
the Air Force.
Sec. 825. Compliance with Buy American Act.
Sec. 826. Sense of Congress; requirement regarding notice.
Sec. 827. Prohibition of contracts.
Sec. 828. Reciprocity.
Sec. 829. Clarification of exclusion of military architectural and
engineering contracts under Small Business
Competitiveness Demonstration program.
Sec. 830. Authority to dispose of equipment whose operation and support
costs exceed costs of procuring replacement
equipment.
Sec. 831. Reports by defense contractors of dealings with terrorist
countries.
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. New position of Under Secretary of Defense for Personnel and
Readiness.
Sec. 903. Redesignation of positions of Under Secretary and Deputy
Under Secretary of Defense for Acquisition.
Sec. 904. Further conforming amendments to chapter 4 of title 10,
United States Code.
Sec. 905. Director of Operational Test and Evaluation.
Subtitle B--Reserve Commands
Sec. 921. Army Reserve Command.
Sec. 922. Naval Reserve Command.
Sec. 923. Marine Corps Reserve Command.
Sec. 924. Air Force Reserve Command.
Subtitle C--Professional Military Education
Sec. 931. Authority for award by National Defense University of certain
master of science degrees.
Sec. 932. Redesignation of Armed Forces Staff College.
Sec. 933. Location for new Joint Warfighting Center.
Sec. 934. Authority to employ civilian faculty members at George C.
Marshall European Center for Security
Studies.
Subtitle D--Other Matters
Sec. 941. Assignment of reserve forces.
Sec. 942. Moratorium on merger of Space Command and Strategic Command.
Sec. 943. Security clearances for civilian employees.
Sec. 944. Program for videotaping of investigative interviews.
Sec. 945. Flexibility in administering requirement for annual four
percent reduction in number of personnel
assigned to headquarters and headquarters
support activities.
Sec. 946. Enhanced flexibility relating to requirements for service in
a joint duty assignment.
Sec. 947. Flexibility for required post-education joint duty
assignment.
Sec. 948. Report on options for organizational structure for imagery
collection functions.
Sec. 949. Report on Department of Defense Bottom Up Review.
Sec. 950. Reinvestigation by Defense Inspector General of certain cases
of death of members of the Armed Forces by
self-inflicted wounds.
Sec. 951. Prohibition of transfer of Naval Academy Preparatory School.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Defense cooperation account.
Sec. 1005. Humanitarian and civic assistance.
Sec. 1006. Limitation on transferring defense funds to other
departments and agencies.
Sec. 1007. Sense of Congress concerning defense budget process.
Sec. 1008. Funding structure for contingency operations.
Sec. 1009. Increase in amount for CINC Initiative Fund.
Sec. 1010. Report on humanitarian assistance activities.
Subtitle B--Counter-Drug Activities
Sec. 1021. Department of Defense support for counter-drug activities of
other agencies.
Sec. 1022. Report on defense counter-drug program.
Sec. 1023. Requirement to establish procedures for State and local
governments to buy law enforcement
equipment in conjunction with Department of
Defense.
Subtitle C--Other Matters
Sec. 1031. Procedures for handling war booty.
Sec. 1032. Award of purple heart to members killed or wounded in action
by friendly fire.
Sec. 1033. Award of gold star lapel buttons to survivors of service
members killed by terrorist acts.
Sec. 1034. Extension of authority for certain foreign governments to
receive excess defense articles.
Sec. 1035. Codification of provision relating to Overseas Workload
Program.
Sec. 1036. Modification of authority to conduct National Guard Civilian
Youth Opportunities Program.
Sec. 1037. Sense of Congress concerning meeting of interallied
confederation of reserve officers.
Sec. 1038. Semiannual report on efforts to seek compensation from
Government of Peru for death and wounding
of certain United States servicemen.
Sec. 1039. Basing for C-130 aircraft.
Sec. 1040. Memorial to U.S.S. Indianapolis.
Sec. 1041. Congressional notification when United States forces are
placed under operational control of a
foreign nation.
Sec. 1042. Identification of service in Vietnam in the computerized
index of the National Personnel Records
Center.
Sec. 1043. Sharing defense burdens and responsibilities.
Sec. 1044. Burdensharing contributions from designated countries and
regional organizations.
Sec. 1045. Modification of certain report requirements.
Sec. 1046. Redesignation of Hanford Arid Lands Ecology Reserve.
Sec. 1047. Sense of Congress regarding United States policy on
plutonium.
Sec. 1048. North Korea and the Treaty on the Non-Proliferation of
Nuclear Weapons.
Sec. 1049. Aviation Leadership Program.
Sec. 1050. Public purpose extensions.
Sec. 1051. Involvement of armed forces in Somalia.
Sec. 1052. Nuclear nonproliferation.
Sec. 1053. Sense of Congress relating to the proliferation of space
launch vehicle technologies.
Sec. 1054. Limitation on use of funds for certain plutonium storage by
Russia.
Sec. 1055. Counterproliferation.
Sec. 1056. Report requirement.
TITLE XI--CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE
Sec. 1101. Designation of Army as executive agent for chemical and
biological warfare defense programs.
Sec. 1102. Requirement for single oversight office for chemical-
biological defense programs within the
Office of the Secretary of Defense.
Sec. 1103. Consolidation of chemical and biological defense training
activities.
Sec. 1104. Annual report on chemical and biological warfare defense.
Sec. 1105. Preparations for implementation of the Chemical Weapons
Convention.
Sec. 1106. Sense of Congress concerning response to terrorist threats.
Sec. 1107. Sense of Congress concerning other chemical and biological
defense matters.
Sec. 1108. International cooperation program.
Sec. 1109. Agreements to provide support to vaccination programs of
Department of Health and Human Services.
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. Funding for fiscal year 1994.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Authorization for additional fiscal year 1993 assistance to
the independent states of the former Soviet
Union.
Sec. 1207. Semiannual report.
Sec. 1208. Definition.
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. Annual report on defense conversion, reinvestment, and
transition assistance programs.
Sec. 1304. Dissemination of list of conversion, reinvestment, and
transition programs.
Subtitle A--Defense Technology Reinvestment Projects
Sec. 1311. Funding of defense technology reinvestment projects for
fiscal year 1994.
Sec. 1312. Repeal and amendment of certain provisions relating to
defense technology and industrial base,
reinvestment, and conversion.
Sec. 1313. Expansion of objectives of defense technology reinvestment
projects.
Sec. 1314. Defense technology reinvestment projects for fiscal year
1994.
Sec. 1315. Expansion of purposes of defense advanced manufacturing
technology partnerships.
Sec. 1316. Defense dual-use assistance extension program.
Sec. 1317. Consistency in financial commitment requirements of non-
Federal government participants in
technology reinvestment projects.
Sec. 1318. Additional criteria for the selection of regional technology
alliances.
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.
Sec. 1324. Consideration of local and regional economic needs as part
of the disposition of real property and
facilities under base closure laws.
Sec. 1325. Shipyard conversion and reuse studies.
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 of the Armed Forces 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. Revision to improvements to employment and training
assistance for dislocated workers.
Sec. 1335. Demonstration program for the training of recently
discharged veterans for employment in
construction and in hazardous waste
remediation.
Sec. 1336. Service members occupational conversion and training.
Sec. 1337. Amendments to defense diversification program under Job
Training Partnership Act.
Subtitle D--Other Matters
Sec. 1341. Encouragement of industrial diversification planning for
certain defense contractors.
Sec. 1342. Encouragement for the purchase or lease of vehicles
producing zero or very low exhaust
emissions.
Sec. 1343. Revision to requirements for notice to contractors upon
proposed or actual termination of defense
programs.
Sec. 1344. Regional retraining services clearinghouses.
Subtitle E--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.
Sec. 1355. Eligible shipyards.
Sec. 1356. Loan guarantees for export vessels.
Sec. 1357. Loan guarantees for shipyard modernization and improvement.
Sec. 1358. Funding for certain loan guarantee commitments for fiscal
year 1994.
Sec. 1359. Authorizations of appropriations.
Sec. 1360. Restriction on use of defense conversion funds for the sale
or transfer of defense articles or defense
services.
TITLE XIV--NATIONAL COMMISSION ON ROLES AND MISSIONS OF THE ARMED
FORCES
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Establishment of Commission.
Sec. 1404. Duties of Commission.
Sec. 1405. Reports.
Sec. 1406. Powers.
Sec. 1407. Commission procedures.
Sec. 1408. Personnel matters.
Sec. 1409. Miscellaneous administrative provisions.
Sec. 1410. Payment of Commission expenses.
Sec. 1411. Termination of the Commission.
TITLE XV--NATIONAL COMMISSION ON ARMS CONTROL
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment.
Sec. 1504. Duties.
Sec. 1505. Membership.
Sec. 1506. Director and staff; experts and consultants.
Sec. 1507. Powers.
Sec. 1508. Report.
Sec. 1509. Termination.
Sec. 1510. Authorization of appropriations.
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. 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.
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. Relocation of Air Force activities from Sierra Army Depot,
California, to Beale Air Force Base,
California.
Sec. 2306. Combat arms training and maintenance facility relocation
from Wheeler Air Force Base, Hawaii, to
United States Army Schofield Barracks Open
Range, Hawaii.
Sec. 2307. Authority to transfer funds as part of the improvement of
Dysart Channel, Luke Air Force Base,
Arizona.
Sec. 2308. Authority to transfer funds for school construction for
Lackland Air Force Base, Texas.
Sec. 2309. Authority to transfer funds as part of the replacement
family housing project at Scott Air Force
Base, Illinois.
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.
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. Termination of authority to carry out land acquisition for
Army National Guard Training Area in
Muskingum County, Ohio.
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. Increase in the maximum amount authorized to be obligated
for emergency construction in a fiscal
year.
Sec. 2802. Military family housing leasing programs.
Sec. 2803. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 2804. Energy savings at military installations.
Sec. 2805. Authorization 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. Navy housing investment agreements and Housing Investment
Board.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Base closure account management flexibility.
Sec. 2812. Authority to contract for certain functions at installations
being closed or realigned.
Sec. 2813. Increased funding sources for environmental restoration at
military installations to be closed.
Sec. 2814. Testimony before Defense Base Closure and Realignment
Commission.
Sec. 2815. Expansion of conveyance authority regarding financial
facilities on closed military installations
to include all depository institutions.
Sec. 2816. Authority to transfer property at military installations to
be closed to persons paying the cost of
environmental restoration activities on the
property.
Sec. 2817. Authority to lease property pending final disposition.
Sec. 2818. Electric power allocation and economic development at
certain military installations to be closed
in the State of California.
Sec. 2819. Expansion of base closure law to include consideration of
military installations outside the United
States for closure and realignment.
Sec. 2820. Limitations on the removal or disposal of personal property
and equipment in connection with the
closure or major realignment of military
installations.
Sec. 2821. Preference for local and small businesses.
Sec. 2822. Pilot program to convey closed military installations to
neighboring communities.
Sec. 2823. Base disposal management cooperative agreement.
Subtitle C--Land Transactions
Sec. 2824. Modification of land conveyance, New London, Connecticut.
Sec. 2825. Land conveyance, Broward County, Florida.
Sec. 2826. Land conveyance, Naval Air Station, Oceana, Virginia.
Sec. 2827. Release of reversionary interest, Old Spanish Trail Armory,
Harris County, Texas.
Sec. 2828. Lease and joint use of certain real property, Marine Corps
Base, Camp Pendleton, California.
Sec. 2829. Land conveyance, Craney Island Fuel Depot, Naval Supply
Center, Virginia.
Sec. 2830. Land conveyance, Portsmouth, Virginia.
Sec. 2831. Transfer of natural gas distribution system at Fort Belvoir,
Virginia, to the Washington Gas Company.
Sec. 2832. Transfer of water distribution system at Fort Lee, Virginia,
to the American Water Company.
Sec. 2833. Transfer of waste water treatment facility at Fort Pickett,
Virginia, to Blackstone, Virginia.
Sec. 2834. Transfer of water distribution system and reservoir at
Stewart Army Subpost to New Windsor, New
York.
Sec. 2835. Expansion of land transaction authority involving Hunters
Point Naval Shipyard, San Francisco,
California.
Sec. 2836 Modification of lease authority, Naval Supply Center,
Oakland, California.
Sec. 2837. Land conveyance, Iowa Army Ammunition Plant, Iowa.
Sec. 2838. Transfer of electric power distribution system at Naval Air
Station, Alameda, California, to the City
of Alameda Bureau of Electricity.
Sec. 2839. Conveyance of surplus real property, Fort Ord, California.
Subtitle D--Other Matters
Sec. 2841. Flood control project.
Sec. 2842. Use of Army Corps of Engineers to manage military
construction projects in Hawaii.
Sec. 2843. Special rule for military construction on certain lands in
the State of Hawaii.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Funding uses and limitations.
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--Other Provisions
Sec. 3131. Improved congressional oversight of Department of Energy
special access programs.
Sec. 3132. Baseline environmental management reports.
Sec. 3133. Expansion of authority to loan personnel and facilities.
Sec. 3134. Modification of payment provision.
Sec. 3135. Stockpile stewardship program.
Sec. 3136. Counter-proliferation program.
Sec. 3137. Limitations on the receipt and storage of spent nuclear fuel
from foreign research reactors.
Sec. 3138. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 3139. Prohibition on conduct of Safeguard C program.
Sec. 3140. Transfer or lease of property at Department of Energy weapon
production facilities.
Sec. 3141. Prohibition on use of funds for advanced liquid metal
reactor.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Disposal of obsolete and excess materials contained in the
National Defense Stockpile.
Sec. 3303. Modification of notice and wait requirements for deviations
from annual materials plan.
Sec. 3304. Continuation of limitations on the disposal of chromite and
manganese ores and chromium and manganese
ferro.
Sec. 3305. Conversion of chromium ore to high purity electrolytic
chromium metal.
TITLE XXXIV--CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Modernization of the civil defense system.
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, $1,506,537,000.
(2) For missiles, $1,084,315,000.
(3) For weapons and tracked combat vehicles, $876,997,000.
(4) For ammunition, $665,466,000.
(5) For other procurement, $2,946,362,000.
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, $5,759,827,000.
(2) For weapons, including missiles and torpedoes,
$2,764,824,000.
(3) For shipbuilding and conversion, $4,160,188,000.
(4) For other procurement, $2,861,480,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1994 for procurement for the Marine Corps in the amount
of $471,021,000.
(c) Additional Amount for Production Design Support for DDG-51
Program.--Within the amount provided in subsection (a)(3) for
shipbuilding and conversion--
(1) the amount available for Production Design Support for
the DDG-51 program is hereby increased by $38,459,000; and
(2) the amount available for Outfitting is hereby reduced
by $38,459,000.
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, $7,223,502,000.
(2) For missiles, $3,620,871,000.
(3) For other procurement, $7,621,793,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1994
for defense-wide procurement in the amount of $2,177,082,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1994
for procurement for the Defense Inspector General in the amount of
$800,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1994
for procurement for the Defense Health Program in the amount of
$272,762,000.
SEC. 107. 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, $289,675,000.
(2) For the Air National Guard, $170,000,000.
(3) For the Army Reserve, $81,300,000.
(4) For the Naval Reserve, $156,800,000.
(5) For the Air Force Reserve, $230,000,000.
(6) For the Marine Corps Reserve, $65,500,000.
(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. 108. CHEMICAL DEMILITARIZATION PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the destruction of lethal chemical weapons in accordance with
section 1412 of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapons stockpile in the amount
of $114,500,000.
SEC. 109. NATIONAL SHIPBUILDING INITIATIVE.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the National Shipbuilding Initiative under subtitle F of title XIII
of this Act in the amount of $200,000,000.
SEC. 110. 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 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 $225,000,000 for the procurement of
not more than 36 OH-58D AHIP Scout aircraft from funds appropriated for
fiscal year 1994 pursuant to section 101.
SEC. 112. TOW MISSILE PROGRAM.
(a) In General.--(1) The Secretary of Defense shall terminate the
TOW missile 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 TOW
missiles.
(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, TOW missiles described in paragraph (2);
(B) completion of new production missiles described in
paragraph (2)(B); and
(C) the obligation of not more than $75,282,000 from funds
made available pursuant to section 101(2) for the procurement
of not more than 2,000 missiles and for payment of costs
necessary to terminate the TOW program.
(2) The missiles referred to in paragraph (1)(A) are--
(A) TOW missiles acquired by the Department of Defense on
or before the date of the enactment of this Act;
(B) TOW new production missiles 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 Department of Defense
on or after that date; and
(C) 2,000 new production missiles for which funds are
available in accordance with subsection (b)(1)(C).
Subtitle C--Navy Programs
SEC. 121. DDG-51 DESTROYER AND FAST SEALIFT PROGRAMS.
None of the funds appropriated pursuant to section 102 for
shipbuilding and conversion for the Navy for fiscal year 1994 may be
obligated for the DDG-51 guided missile destroyer program until--
(1) contracts for conversion of seven cargo vessels
specified under the National Sealift Program have been awarded;
and
(2) the Secretary of the Navy has transmitted to the
congressional defense committees notice that those contracts
have been awarded.
SEC. 122. ATTACK SUBMARINE PROGRAMS.
(a) Seawolf Submarine Program Costs.--(1) None of the funds
described in subsection (b) may be obligated until the Secretary of
Defense submits to the congressional defense committees a report
concerning the latest and best estimated cost of producing the SSN-21
and SSN-22 Seawolf attack submarines, determined as of the date of the
enactment of this Act. The report shall state the full cost for
production of each vessel and shall identify the amount and source of
funds available to the Navy for each such vessel from funds
appropriated for fiscal years before fiscal year 1994.
(2) If the report under paragraph (1) discloses a shortfall of
available funds for either or both of the SSN-21 and SSN-22 vessels
that is not funded by another source identified by the Secretary of
Defense, the Secretary of Defense shall, subject to the provisions of
appropriations Acts, use the funds described in subsection (b)(1) to
the extent necessary to complete production of those two vessels.
(b) Funds Subject to Limitation.--Funds subject to the limitation
under subsection (a) are the following:
(1) Any unobligated funds remaining from the amount of
$540,200,000 originally appropriated for fiscal year 1992 for
the SSN-21 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)).
(2) Funds appropriated pursuant to section 201 for
research, development, test, and evaluation for the Navy for
fiscal year 1994 that are available for the new SSN (attack
submarine) program for the research and development stages
designated as 6.3 and 6.4.
(c) New Attack Submarine Program.--In addition to the limitation
under subsection (a)(1), the funds described in subsection (b)(2) may
not be obligated until the Secretary of Defense submits to the
congressional defense committees a certification that the Cost and
Operational Effectiveness Analysis (COEA) process for the new SSN
(attack submarine) program has been completed. The Secretary shall
include with such certification a copy of the analysis.
(d) Report on Proposed Use of Fiscal Year 1992 Funds.--(1) In
addition to the limitation under subsection (a)(1), funds described in
subsection (b)(1) that remain available after any use of such funds
under subsection (a)(2) may not be obligated until the Secretary of
Defense submits to the congressional defense committees a report
describing the Secretary's plan for the use of those funds and 30 days
of continuous session of Congress have expired following the date on
which that report is transmitted to Congress.
(2) For purposes of paragraph (1), 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.
(e) Retroactive Authorization.--The amount referred to in
subsection (b)(1) shall be treated for all purposes as having been
authorized by law for fiscal year 1992 in accordance with section
114(a) of title 10, United States Code.
SEC. 123. LONG-TERM LEASE AUTHORITY FOR CERTAIN VESSELS.
(a) Authority.--The Secretary of the Navy may enter into a long-
term lease or charter for a vessel 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).
(b) Covered Vessels.--Subsection (a) applies to 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.
(c) Conditions on Obligation of Funds.--A contract entered into for
a lease or charter pursuant to subsection (a) shall include 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 project.
(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 for that
fiscal year.
(3) A statement that such a commitment given under the
authority of this section does not constitute an obligation of
the United States.
(d) Definition.--For purposes of subsection (a), the term ``long-
term lease or charter'' has the meaning given that term in section
2401(d)(1)(A) of title 10, United States Code (without regard to
subparagraph (B) of that section).
SEC. 124. LONG-TERM LEASE 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 not more than five 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).
(b) Covered Vessels.--Subsection (a) applies to roll-on/roll-off
(RO/RO) vessels which are required by the Department of Defense for
prepositioning or related point-to-point service and which, in the case
of vessels for which work is required to make the vessel eligible for
such service and for documentation under the laws of the United States,
have such work performed in a United States shipyard.
(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.--The Secretary may not enter
into a contract for a lease or charter pursuant to subsection (a)
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.
(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 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) Definition.--For purposes of subsection (a), the term ``long-
term lease or charter'' has the meaning given that term in section
2401(d)(1)(A) of title 10, United States Code (without regard to
subparagraph (B) of that section).
Subtitle D--Air Force Programs (Nonstrategic)
SEC. 131. INTERTHEATER AIRLIFT PROGRAM.
(a) Limitation.--None of the funds appropriated pursuant to section
103 for procurement of airlift aircraft for the Air Force for fiscal
year 1994 may be obligated until 45 days after the date on which the
Secretary of Defense submits to the congressional defense committees
the report referred to in subsection (b).
(b) Report Requirement.--A report under subsection (a) is a report
in which the Secretary of Defense provides--
(1) the Secretary's recommendation for the aircraft or mix
of aircraft to be procured for the intertheater airlift
mission; and
(2) the results of the activities under subsections (c),
(d), and (e).
(c) Establishment of Intertheater Airlift Requirements.--The
Secretary of Defense, after the date of the enactment of this Act,
shall establish the qualitative and quantitative intertheater airlift
requirements of the Department of Defense.
(d) Cost and Operational Effectiveness Analysis.--The Secretary of
Defense, after the date of the enactment of this Act, shall conduct a
Cost and Operational Effectiveness Analysis to determine the most cost
effective intertheater airlift alternative to satisfy the requirements
established pursuant to subsection (c). In carrying out such analysis,
the Secretary--
(1) shall consider all reasonable aircraft and mixes of
aircraft for the intertheater airlift mission, including
procurement of additional C-17 aircraft, procurement of
additional C-5 aircraft, procurement of additional C-141
aircraft, carrying out a Service-Life Extension Program (SLEP)
for existing C-141 aircraft, and procurement of commercial
wide-body aircraft; and
(2) for the C-17 program, shall include appropriate
restructure (or ``work out'') costs and the expected cost of
claims against the Government.
(e) DAB Review.--After the activities described in subsections (c)
and (d) have been completed, the Secretary shall conduct a Defense
Acquisition Board review based on the results under those subsections.
SEC. 132. RC-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, $93,200,000 shall be available for
reengining and modifying two existing C-135 aircraft to the latest RC-
135 Rivet Joint configuration plus improvements necessary to support
unique Navy requirements.
(b) Fiscal Year 1993 Funds.--(1) The amount of $56,962,000 made
available under section 141 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2338) for
modernizing either Navy EP-3 aircraft or Air Force RC-135 aircraft
shall be made available for improvements to existing RC-135 aircraft as
though that aircraft had been selected by the Secretary of Defense
under section 141(b)(2) of such Act.
(2) The amount of $65,700,000 made available under section 131(3)
of the National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2334) to reengine three existing RC-135
aircraft, if the RC-135 was selected by the Secretary of Defense under
section 141(b)(2) of such Act, shall be made available for RC-135
reengining as though that aircraft had been so selected.
SEC. 133. 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 procurment 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
amount provided in 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. 134. C-17 AIRCRAFT PROGRAM.
(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.
Subtitle E--Strategic Programs
SEC. 151. 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 procurement
for the B-2 bomber aircraft program.
(b) B-2 Buyout and Termination.--The funds referred to in
subsection (a) may be obligated only for the purpose of procurement
associated with closing out the B-2 bomber aircraft program, including
amounts for procurement of spares and parts for that aircraft.
(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
aircraft (plus one test aircraft which may not be made operational).
(d) Limitation on Obligation of FY94 Funds.--None of the funds
appropriated pursuant to section 103 for the Air Force for fiscal year
1994 may be obligated for the B-2 bomber aircraft program until each of
the conditions specified in paragraphs (1), (2), and (3) of section
151(d) of Public Law 102-484 (106 Stat. 2339), including the condition
requiring the enactment of an Act which permits the obligation of
certain funds for the procurement of B-2 bomber aircraft, has been
satisfied.
(e) Denial of Interim Near-Precise Munitions Program.--(1) The
Secretary of the Air Force may not use any funds appropriated for
fiscal year 1994 or any prior fiscal year for the development,
integration, or acquisition of an interim near-precise munitions
capability for the B-2 aircraft.
(2) For the purposes of paragraph (1):
(A) The term ``near-precise munitions capability'' means
the capability that the Secretary of the Air Force has proposed
for the B-2 aircraft to be produced by the Global Positioning
System-aided targeting system and Global Positioning System-
aided munitions.
(B) The term ``interim'', with respect to a munitions
capability for the B-2 aircraft, means a capability proposed
for the period before the availability of the Joint Direct
Attack Munition for that aircraft.
SEC. 152. B-1 BOMBER AIRCRAFT PROGRAM.
(a) Interim Near-Precise Munitions Program.--The Secretary of the
Air Force shall initiate a program for the production of Global
Positioning System-aided munitions (GAM) for 10 B-1 bomber aircraft. It
shall be the goal of the program to achieve an interim near-precise
munitions capability on 10 B-1 aircraft by 1996.
(b) Amount For Program.--Of the amount authorized to be
appropriated pursuant to section 103 for the Air Force for fiscal year
1994 for procurement of aircraft, $263,355,000 shall be available for
procurement for B-1B aircraft, of which $100,808,000 shall be available
for modification of inservice aircraft. Of the amount available for
modification of inservice aircraft, $50,000,000 shall be available for
the purchase of GAM kits to achieve the munitions capability described
in subsection (a).
SEC. 153. TRIDENT II (D-5) MISSILE PROCUREMENT.
(a) Final 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 $983,300,000 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 during
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. 154. 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.
Subtitle F--Other Matters
SEC. 171. 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 recommendations for the realignment of Tooele Army
Depot contained in the recommendations of the Defense Base
Closure and Realignment Commission approved by the President on
July 6, 1993, 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 after
the completion of the realignment of that depot in accordance
with those recommendations.
(c) Supporting Report.--The Secretary of Defense shall include with
a certification under this section a report specifying by job title and
category all base support, management, oversight, and security
personnel to be retained at Tooele Army Depot after the realignment of
that depot is completed in accordance with the recommendations of the
Defense Base Closure and Realignment Commission referred to in
subsection (b)(1).
(d) Exception.--Subsection (a) shall not apply if the
recommendations of the Defense Base Closure and Realignment Commission
approved by the President on July 6, 1993, are disapproved by law
enacted in accordance with section 2904(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).
SEC. 172. 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. 173. 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:
``Sec. 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 the volume of sales and--
``(A) in the case of articles, the volume of
production necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the
services sold.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4543. Army industrial facilities: sales of manufactured articles or
services outside Department of Defense.''.
(b) Conforming Amendment.--Subsection (i) of section 2208 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. 174. CONVEYANCE OF OBSERVATION AIRCRAFT.
(a) Authority To Convey.--(1) The Secretary of Defense may convey
without consideration all right, title, and interest of the United
States in not more than four light observation aircraft to the
organization known as Hermanos al Rescate, a nonprofit organization in
the State of Florida consisting of volunteer pilots who fly search and
rescue missions from southern Florida over the Florida Straits
(hereinafter in this section referred to as the ``recipient'').
(2) For purposes of paragraph (1), light observation aircraft are
the OV-2, the OV-10, or any comparable observation aircraft.
(b) Condition.--As a condition of conveying an aircraft to the
recipient pursuant to the authority provided in subsection (a), the
Secretary shall enter into an agreement with the recipient under which
the recipient agrees--
(1) to use that aircraft solely for search and rescue
missions and related activities;
(2) to use that aircraft solely for nonprofit activities;
and
(3) to hold the United States harmless for any claim
arising with respect to that aircraft after the conveyance of
that aircraft.
(c) Limitation on Future Transfers.--In the case of an aircraft
conveyed under the authority provided in subsection (a), the
instruments provided for the conveyance shall require that any further
conveyance of an interest in that aircraft may not be made without the
approval in advance of the Secretary of Defense. If the Secretary
determines that an interest in an aircraft was conveyed without such
approval, then all right, title, and interest in that aircraft shall
revert to the United States and the United States shall have the right
to immediate possession of the aircraft. The recipient shall pay the
United States for its costs incurred in recovering the aircraft for
such a violation.
(d) Forfeiture Upon Violation of Terms.--If the Secretary
determines that the recipient violated subsection (b)(1) or (b)(2) with
respect to any aircraft conveyed under subsection (a), then all right,
title, and interest in each such aircraft shall revert to the United
States and the United States shall have the right to immediate
possession of all of the aircraft. The recipient shall pay the United
States for its costs incurred in recovering the aircraft for a
violation of those conditions.
(e) Delivery of Aircraft.--The Secretary shall deliver each
aircraft conveyed under subsection (a)--
(1) at the place where the aircraft is located on the date
of the conveyance;
(2) in its condition on that date; and
(3) without cost to the United States.
(f) Expiration of Authority To Convey.--The authority of the
Secretary under subsection (a) to convey aircraft shall expire on the
date that is two years after the date of the enactment of this Act.
SEC. 175. 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
90 days has passed following the submission of the report. During such
90-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 180-day period beginning at the end of the 90-day
period following the submission of the report of the Secretary required
under section 173.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorizations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the use of the Department of Defense for research, development,
test, and evaluation, as follows:
(1) For the Army, $5,417,141,000.
(2) For the Navy, $8,736,970,000.
(3) For the Air Force, $13,446,635,000.
(4) For Defense-wide activities, $10,284,652,000, of
which--
(A) $232,592,000 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. MANUFACTURING TECHNOLOGY DEVELOPMENT.
(a) Fiscal Year 1994.--Of the amounts authorized to be appropriated
by section 201, $315,000,000 shall be available for, and may be
obligated only for, manufacturing technology development as follows:
(1) For the Army: $50,000,000.
(2) For the Navy, $120,000,000.
(3) For the Air Force, $110,000,000.
(4) For the Defense Logistics Agency, $35,000,000, of which
$15,000,000 is available only for the establishment of a pilot
program for the metalcasting industry.
(b) Industrial Modernization Improvement Program.--The Secretary
shall reestablish the Industrial Modernization Improvement Program
(IMIP) of the Department of Defense carried out through the
Manufacturing Technology programs and shall provide sufficient funding
for that program for fiscal year 1994 from funds referred to in
subsection (a).
(c) Worker Skills.--Manufacturing technology development programs
conducted by or for the Department of Defense, including those programs
for which funds are made available pursuant to subsection (a), shall
include a focus on production technologies designed to build on and
expand existing worker skills and experience in manufacturing
production.
SEC. 203. REENTRY VEHICLE INDUSTRIAL BASE.
Of the amount authorized to be appropriated pursuant to section 201
for the Navy, $5,000,000 shall be available for the contribution of the
Navy for fiscal year 1994 to the Reentry Vehicle industrial base.
SEC. 204. REALLOCATION OF CERTAIN R&D FUNDS.
(a) Increase in Amount for Army.--The amount provided in section
201 for the Army is hereby increased by $10,000,000, of which--
(1) $2,000,000 is for a study of the requirements for the
incorporation of an electronics software upgrade into the M1A2
tank; and
(2) $8,000,000 is for Horizontal Battlefield Integration to
expand the demonstration of technology interfaces needed to
verify the compatibility of digital electronics in various Army
Combat Systems.
(b) Limitation.--None of the funds described in subsection (a)(2)
or otherwise made available to the Department of Defense for fiscal
year 1994 may be obligated for Horizontal Battlefield Integration until
the Secretary of the Army submits to the congressional defense
committees a report containing a revised demonstration plan for that
program. The revised plan shall include program milestones and funding
requirements.
(c) Reduction in Amount for Defense-Wide Activities.--The amount
provided in section 201 for Defense-wide activities is hereby reduced
by $10,000,000, to be derived from amounts for acquisition of foreign
equipment for test and analysis purposes.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. 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 Department of Defense for fiscal year 1993.
SEC. 212. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE PROGRAMS.
(a) Authorization.--Of the funds appropriated pursuant to section
201 for Defense-wide activities, $288,518,000 shall be available for
airborne reconnaissance programs.
(b) Limitation.--None of the funds referred to in subsection (a) or
funds appropriated for fiscal year 1994 for the Navy for research,
development, test, and evaluation may be obligated for Navy EP-3
aircraft modifications.
SEC. 213. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Limitation.--During each of fiscal year 1994 and fiscal year
1995, the Secretary of Defense may not obligate funds for expenditure
at a federally funded research and development center described in
subsection (b) in excess of 90 percent of the amount obligated by the
Secretary for expenditure at that center during fiscal year 1993.
(b) Covered Entities.--Subsection (a) applies with respect to any
federally funded research and development center (other than a center
that performs applied scientific research under laboratory conditions)
that during fiscal years 1991 through 1993 had average annual
expenditures of funds derived from the Department of Defense in excess
of $25,000,000.
SEC. 214. HIGH PERFORMANCE COMPUTER MODERNIZATION PROGRAM.
Funds made available for fiscal year 1994 for the Department of
Defense High Performance Computer (HPC) Modernization Program for
Department of Defense research centers and laboratories may be used
only for--
(1) the execution of upgrade options under an existing
contract for installed supercomputer facilities that have not
kept technically current; or
(2) the conduct of competitive procurement for
supercomputers that are architecturally stable and production
compatible and that can be successfully demonstrated using
statistically valid samples of the current workloads of the
research centers and laboratories that will be using the
supercomputers without substantive reprogramming or program
conversion.
SEC. 215. HIGH PERFORMANCE COMPUTING AND COMMUNICATION INITIATIVE.
(a) Independent Study.--The Secretary of Defense shall request the
National Research Council (NRC) of the National Academy of Sciences to
conduct a comprehensive study of the inter-agency High Performance
Computing and Communications Initiative (HPCCI), with emphasis on the
elements of the program supported by the Department of Defense and the
relationship of those elements to other elements of the program.
(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 initiative.
(2) The appropriateness of the goals and directions of the
initiative.
(3) The balance between various elements of the initiative.
(4) The likelihood that the various goals of the initiative
will be achieved.
(5) The management and coordination of the initiative.
(c) Cooperation With Study.--The Secretary of Defense shall direct
all relevant defense agencies to cooperate fully with the National
Research Council in all aspects of this study, and shall request
similar cooperation from the heads of all other appropriate Federal
agencies.
(d) Funding.--The sum of $800,000 shall be made available from the
Department's High Performance Computing and Communications Program to
provide funds for the National Research Council to conduct the study
under subsection (a).
(e) Report.--A report on the results of the study under subsection
(a) shall be submitted to the Secretary of Defense not later than July
1, 1995. The Secretary shall promptly submit the report of the study to
the Committees on Armed Services of the Senate and House of
Representatives. The report shall be submitted to the committees in
unclassified form with classified annexes as necessary.
SEC. 216. 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) Science Advisory Group.--(1) The Secretary of Defense shall
establish an advisory committee in the Department of Defense for
Superconducting Magnetic Energy Storage activities. The advisory
committee shall be established as a science advisory group and shall be
independent of the Department of the Navy.
(2) The membership of the advisory committee shall include
representatives from the President's Office of Science and Technology
Policy, the Department of Defense, the Department of Energy, the
Environmental Protection Agency, the Army Corps of Engineers, and
private industry.
(3) The advisory committee shall conduct a review every two years
of the progress of the Department of Defense program for
Superconducting Magnetic Energy Storage development. The advisory
committee shall submit a report on each such review to the Secretary as
directed by the Secretary. Such report shall include the advisory
committee's recommendations for outyear program options and funding.
The Secretary shall transmit each such report to Congress.
(4) The advisory committee shall continue in existence until
terminated by law.
(c) 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 experimental work (as
defined in section 218(b)(4) of the National Defense Authorization Act
of 1993 (Public Law 102-484; 106 Stat. 2353)), (2) operation of the
advisory group, and (3) study of alternative SMES designs.
(d) Deadline.--The office referred to in subsection (a) shall be
created and staffed not later than 30 days after the date of the
enactment of this Act.
SEC. 217. SINGLE STAGE ROCKET TECHNOLOGY.
(a) Program Funding.--The Secretary of Defense shall establish a
Single Stage Rocket Technology program and shall provide funds for that
program within funds available for the Advanced Research Projects
Agency. That program shall be managed within the Office of the Under
Secretary of Defense for Acquisition.
(b) Funding.--Of the amount appropriated pursuant to section 201
for Defense-wide activities, $79,880,000 shall be available for, and
may be obligated only for, Single Stage Rocket Technology.
SEC. 218. ADVANCED ANTI-RADIATION GUIDED MISSILE.
Of the funds appropriated for research, development, test, and
evaluation for the Department of the Navy for fiscal year 1993 that
remain available for obligation for Air Systems Advanced Technology
Development programs, $10,077,000 shall be obligated and expended only
for testing, design, and fabrication of a dual-mode seeker for the
Advanced Anti-Radiation Guided Missile using technology that is derived
from work done with funding provided through the Small Business
Innovative Research (SBIR) program.
SEC. 219. DP-2 VECTORED THRUST TECHNOLOGY DEMONSTRATION PROJECT.
Of the funds appropriated for research, development, test, and
evaluation for the Defense Agencies for fiscal year 1993 that remain
available for obligation for Tactical Technology programs within the
Advanced Research Projects Agency, $15,000,000 shall be obligated and
expended only for testing of the DP-2 Vectored Thrust Technology
Demonstration project for Special Operations Forces (SOF) applications.
SEC. 220. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.
Notwithstanding section 122 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2334), the
Secretary of Defense may carry out material procurement, logistics
support, and 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. 221. 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 be corrected before the system leaves 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 electronic combat system program and any command, control,
and communications countermeasure system program that is initiated
after the date of the enactment of this Act.
SEC. 222. LIMITATION ON DEPARTMENT OF DEFENSE MISSILE LAUNCHES FOR TEST
PURPOSES.
(a) Limitation.--The Secretary of Defense may not conduct a launch
of a missile as part of a test program in any case in which an
anticipated result of the launch would be the release of debris in an
area over land of the United States outside a designated Department of
Defense test range.
(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. 223. B-1 BOMBER AIRCRAFT PROGRAM.
(a) Interim Near Precise Munitions and Targeting Program.--The
Secretary of the Air Force shall initiate a program for the development
and production of a Global Positioning System-aided relative targeting
(GATS) system and Global Positioning System-aided munitions (GAM) for
10 B-1 bomber aircraft. It shall be the goal of the program to achieve
an interim near precise weapons capability on 10 B-1 aircraft by 1996.
(b) Defensive Avionics Upgrade Program.--The Secretary of the Air
Force shall continue efforts associated with upgrades to the defensive
avionics system of the B-1B aircraft, including studies, analyses, and
tests required for a risk reduction program for a minimum of three, and
up to four, defensive avionics participants.
(c) Amount For Program.--Of the amount authorized to be
appropriated pursuant to section 201 for the Air Force for fiscal year
1994, $180,543,000 shall be available for the B-1B aircraft program, of
which--
(1) $57,000,000 shall be made available for development and
integration of a GPS-aided relative targeting system and
development of GPS-aided munitions as provided in subsection
(a); and
(2) $37,200,000 shall be made available for upgrades to the
B-1 defensive avionics system as provided in subsection (b).
Subtitle C--Missile Defense Programs
SEC. 231. FUNDING FOR FISCAL YEAR 1994.
Of the amounts appropriated pursuant to section 201 or otherwise
made available to the Department of Defense for research, development,
test, and evaluation for fiscal year 1994, not more than a total of
$2,617,448,000 may be obligated for ballistic missile defense. None of
such amount is available for the Brilliant Pebbles program.
SEC. 232. REPORT ON ALLOCATION OF FUNDS.
When the President's budget for fiscal year 1995 is submitted to
Congress pursuant to section 1105 of title 31, United States Code, the
Secretary of Defense shall submit to the congressional defense
committees a report--
(1) setting forth the allocation by the Secretary of funds
appropriated for ballistic missile defense for fiscal year
1994, and the proposed allocation of funds for ballistic
missile defense for fiscal year 1995, shown for Theater Missile
Defense, Limited Defense System, Other Follow-On Systems,
Research and Support, and the Small Business Innovation
Research and Small Business Technology Transfer programs of the
Small Business Administration, for each program, project, and
activity; and
(2) describing an updated master plan for the Theater
Missile Defense Initiative that includes (A) a detailed
consideration of plans for theater and tactical missile defense
doctrine, training, tactics, and force structure, and (B) a
detailed acquisition strategy which includes a consideration of
acquisition and life-cycle costs through the year 2006 for the
programs, projects, and activities associated with the Theater
Missile Defense Initiative.
SEC. 233. TRANSFER AUTHORITIES FOR BALLISTIC MISSILE DEFENSE.
(a) In General.--After the submission of the report required under
section 232, the Secretary of Defense may transfer funds among the
ballistic missile defense program elements named in section 232 of this
Act.
(b) Limitation.--The total amount that may be transferred to or
from any program element named in section 232--
(1) may not exceed 10 percent of the amount provided in the
report for the program element from which the transfer is made;
and
(2) may not result in an increase of more than 10 percent
of the amount provided in the report for the program element to
which the transfer is made.
(c) Restriction.--Transfer authority under subsection (a) may not
be used for a decrease in funds identified in section 231(a) for the
Theater Missile Defense Initiative.
(d) Merger and Availability.--Amounts transferred pursuant to
subsection (a) shall be merged with and be available for the same
purposes as the amounts to which transferred.
SEC. 234. REVISIONS TO MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (part C of title II of Public Law
102-190; 10 U.S.C. 2431 note) is amended as follows:
(1) Section 232(a) is amended--
(A) in paragraph (1), by striking out ``while
deploying'' and inserting in lieu thereof ``while
developing the option to deploy''; and
(B) in paragraph (3), by inserting ``, as
appropriate,'' before ``to friends and allies of the
United States''.
(2) Section 232(b) is amended--
(A) in paragraphs (1) and (2), by striking out
``the Soviet Union'' and inserting in lieu thereof
``Russia''; and
(B) in paragraph (2), by striking out ``Treaty, to
include the down-loading of 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'' after ``for deployment'';
(B) by striking out paragraph (2) and inserting in
lieu thereof the following:
``(2) Initial abm deployment.--The Secretary shall develop,
at an appropriate pace, a cost-effective, operationally
effective, and ABM Treaty-compliant anti-ballistic missile
system for potential deployment at a single site. The Secretary
shall ensure that components of such system are themselves in
compliance with the ABM Treaty.''; and
(C) by striking out paragraph (3).
(4) Subsection (c) of section 233 is amended to read as
follows:
``(c) Presidential Actions.--Congress urges the President to pursue
immediate discussions with Russia on the feasibility and mutual
interest of amendments to the ABM Treaty to permit clarification of the
distinctions for the purposes of the ABM Treaty between theater missile
defenses and anti-ballistic missile defenses, including interceptors
and radars.''.
(5) Section 234 is amended to read as follows:
``SEC. 234. MANAGEMENT RESPONSIBILITY FOR RESEARCH AND DEVELOPMENT OF
FAR-TERM FOLLOW-ON TECHNOLOGIES.
``(a) Management Responsibility.--The Secretary of Defense shall
provide that management and budget responsibility for research and
development of any far-term follow-on technology relating to ballistic
missile defense shall be provided through the Advanced Research
Projects Agency or the appropriate military department.
``(b) Waiver Authority.--The Secretary may waive the provisions of
subsection (a) in the case of a particular far-term follow-on
technology that on December 5, 1991, was under the Strategic Defense
Initiative Organization and provide that management and budget
responsibility for research and development of that technology shall be
provided through the Ballistic Missile Defense Organization if the
Secretary determines, and certifies to the congressional defense
committees, that providing management and budget responsibility for
research and development of that technology as provided in subsection
(a) would not be in the national security interests of the United
States.
``(c) Definition.--For purposes of this section, the term `far-term
follow-on technology' means a technology that is not likely to be
incorporated into a weapon system before 2008.''.
(6) Section 235 is amended--
(A) by striking out ``Strategic Defense
Initiative'' in subsections (a) and (b) and inserting
in lieu thereof ``Ballistic Missile Defense program'';
and
(B) by striking out the section heading and
inserting in lieu thereof the following:
``SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE PROGRAM.''.
(7) Section 236(c) is amended by striking out ``Strategic
Defense Initiative Organization'' and inserting in lieu thereof
``Ballistic Missile Defense Organization''.
(8) Section 238 is amended--
(A) by striking out ``As deployment'' and inserting
in lieu thereof ``As time for a decision concerning
exercising the option for deployment''; and
(B) by striking out ``to the deployment date''.
SEC. 235. PATRIOT ADVANCED CAPABILITY-3 THEATER MISSILE DEFENSE SYSTEM.
(a) Competition for Missile Selection.--The Secretary of Defense
shall continue the strategy being carried out by the Ballistic Missile
Defense Organization as of July 1, 1993, for selection of the best
technology (in terms of cost, schedule, risk, and performance) to meet
the missile requirements for the Patriot Advanced Capability-3 (PAC-3)
theater missile defense system. That strategy, consisting of flight
testing, ground testing, simulations, and other analyses of the two
competing missiles (the Patriot Multimode Missile and the Extended
Range Interceptor (ERINT) missile), shall be continued until the
Secretary determines that the Ballistic Missile Defense Organization
has adequate information upon which to base a decision as to which
missile will be selected to proceed into the Engineering and
Manufacturing Development stage.
(b) Funds for Demonstration and Validation.--Of the funds
authorized to be appropriated by section 201 for the Ballistic Missile
Defense Organization--
(1) not less than $44,100,000 shall be available for
demonstration and validation purposes for the Patriot Multimode
Missile program;
(2) not less than $55,900,000 shall be available for
demonstration and validation purposes for the Extended Range
Interceptor program; and
(3) not less than $52,700,000 shall be available for
demonstration and validation and for the Engineering and
Manufacturing Development stage for the system selected and for
appropriate risk mitigation activities.
(c) Implications of Delay.--If there is a delay (based upon the
schedule in effect in mid-1993) in the selection described in
subsection (a) of the missile for the Patriot Advanced Capability-3
system, the Secretary of Defense shall ensure that demonstration and
validation of both competing systems can continue as needed to support
an informed decision for such selection.
SEC. 236. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR
COMPONENTS TO BE CARRIED OUT IN ACCORDANCE WITH
TRADITIONAL INTERPRETATION OF ANTI-BALLISTIC MISSILE
TREATY.
(a) Limitation.--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--
(1) for any development or testing of anti-ballistic
missile systems or components except for development and
testing consistent with the interpretation of the 1972 ABM
Treaty set forth in the enclosure to the July 13, 1993, ACDA
letter; or
(2) for the acquisition of any material or equipment
(including any long lead materials, components, piece parts,
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 1972 ABM Treaty set forth in the
enclosure to the July 13, 1993, ACDA letter.
(b) Exception.--The limitation under subsection (a) shall not apply
to funds transferred to or for the use of the Ballistic Missile Defense
Organization for fiscal year 1994 if the transfer is made in accordance
with section 1001 of this Act.
(c) Definition.--In this section, 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 1972 ABM Treaty and accompanied by an enclosure
setting forth such interpretation.
SEC. 237. THEATER MISSILE DEFENSE ROAD MAP.
(a) Integration and Compatibility.--In carrying out the Theater
Missile Defense Initiative, the Secretary of Defense shall--
(1) seek to maximize the use of existing 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
systems as well as of the respective roles and missions of those
systems.
(b) TMD Analysis.--The Secretary of Defense shall submit to
Congress a report containing a thorough and complete analysis of the
future of theater missile defense programs. The analysis shall include
the following:
(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) An analysis and comparison of the projected 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 element).
(6) Specification of the baseline production rate for each
year of the program through completion of procurement.
(7) Estimation of the unit cost and capabilities of each
element.
(c) Description of Testing Program.--The Secretary of Defense shall
include in the report under subsection (b) a description of the current
and projected testing program for theater missile defense systems and
major components. The report shall include an evaluation of the
adequacy of the testing program to simulate conditions similar to those
the systems and components would 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 Program will
conform to existing Anti-Ballistic Missile Treaty and Intermediate
Nuclear Forces Treaty Regimes. The report shall describe any potential
noncompliance with either Regime, when such noncompliance is expected
to occur, and whether provisions need to be renegotiated within that
Regime 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).
SEC. 238. ADDITIONAL BMD PROGRAMS.
(a) Naval Theater Missile Defense.--Of the amount provided under
section 201 for Theater Missile Defense, $102,000,000 shall be
available to support the aggressive exploration of the Navy Upper Tier
concept for Naval Theater Missile Defense, including cost-effective
systems and upgrades to existing systems that can be fielded more
quickly than new systems.
(b) Accelerated Advanced Technology Demonstration Program.--The
Secretary of Defense, acting through the Director of the Theater
Missile Defense Initiative, shall initiate during fiscal year 1994 an
accelerated Advanced Technology Demonstration program to demonstrate
the technical feasibility of using the Navy's Standard Missile combined
with a kickstage rocket motor and Lightweight Exoatmospheric Projectile
(LEAP) as a near-term option for cost-effective wide-area Theater
Missile Defense.
SEC. 239. REPORT ON NATIONAL MISSILE DEFENSE COST.
(a) Report Required.--The Secretary of Defense shall submit to
Congress a report setting forth a full and thorough estimation of the
cost of deploying a National Defense System at Grand Forks, North
Dakota. The Secretary shall include in the report--
(1) the projected life-cycle costs of each system intended
for production as part of such National Defense System,
including a ground-based radar system, the system known as
``Brilliant Eyes'', and a ground-based interceptor system; and
(2) with respect to each such system, a separate statement
of those costs for (A) research, development, test, and
evaluation, (B) procurement, (C) deployment and launch
activities, (D) operation and maintenance, and (E) personnel.
(b) Submission.--The report required under subsection (a) shall be
submitted as part of the next annual report of the Secretary submitted
to Congress under section 224 of Public Law 101-189 (10 U.S.C. 2431
note).
SEC. 240. THEATER MISSILE DEFENSE INTERCEPTOR TESTING.
The Secretary of Defense may not approve a theater missile defense
interceptor program proceeding into the Low-Rate Initial Production
(Milestone III) acquisition stage until the Secretary certifies to the
congressional defense committees in writing that the Secretary has
conducted more than two realistic live-fire tests, consistent with
section 2366 of title 10, United States Code, involving multiple
interceptors and multiple targets in the presence of realistic
countermeasures the results of which demonstrate the achievement by the
interceptors of the single-shot probability-of-kill specified in the
system baseline description established pursuant to section
2435(a)(1)(A) of title 10, United States Code, before the program
entered full-scale engineering development.
SEC. 241. ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) Endorsement of Cooperative Research and Development.--Congress
reiterates its 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 fully fund the United States contribution
to the fiscal year 1994 Arrow Continuing Experiments program at the
level of $56,400,000.
(d) Arrow Deployability Initiative.--(1) Subject to paragraph (2),
the Secretary of Defense may obligate from funds appropriated pursuant
to section 201 up to $25,000,000 for the purpose of research and
development of technologies associated with deploying the Arrow missile
in the future (including technologies associated with battle
management, lethality, system integration, and test bed systems).
(2) Funds may not be obligated for the purpose stated in paragraph
(1) unless the President certifies to Congress that--
(A) the United States and the government of 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. 242. 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.
SEC. 243. TECHNICAL AMENDMENTS TO REFLECT REDESIGNATION OF STRATEGIC
DEFENSE INITIATIVE ORGANIZATION.
Section 224 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (10 U.S.C. 2431 note) is amended--
(1) by striking out ``Strategic Defense Initiative'' each
place it appears (other than in subsection (b)(5)) and
inserting in lieu thereof ``Ballistic Missile 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. 244. CLEMENTINE SATELLITE PROGRAM.
(a) Finding.--The Congress finds that the program of the Ballistic
Missile Defense Organization within the Follow-on programs program
element 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 should be supported.
(b) Congressional Views.--The Congress urges the Secretary of
Defense--
(1) to consider funding for the Clementine program to be a
priority within the Ballistic Missile Defense Organization
Follow-on programs program element and to provide funds for
that program at appropriate levels; and
(2) to identify an appropriate management structure within
either the Advanced Research Projects Agency or one of the
military departments to which the Clementine program and
related programs of general applicability to civilian,
commercial, and military space programs might be transferred.
SEC. 245. 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 equal
or greater contributions to the national security interests of
nations that are allies of the United States as they do to the
national security interests of the United States.
(2) The cost of developing and deploying a broad spectrum
of such systems will be several tens of billions of dollars.
(3) A truly cooperative approach to the development and
deployment of such systems could substantially reduce the
financial burden of such an undertaking to any one country and
would tap additional sources of technological expertise.
(4) While recent statements of nations that are allies of
the United States have expressed a desire for greater
involvement in United States tactical missile defense efforts,
those nations are unlikely to support programs for theater
missile defense development and deployment unless, at a
minimum, they can play a meaningful role 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, allied participation in tactical
missile defense efforts 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 that of its allies, in order
to avoid duplication of effort, to increase interoperability, and to
reduce costs. The plan shall set forth in detail any financial, in-
kind, or other form of participation 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 annual Ballistic Missile Defense
Organization report to Congress.
(3) The Secretary shall include in each annual Ballistic Missile
Defense Organization report to Congress a report on steps taken to
implement the plan developed under paragraph (1). Each such report
shall set forth the status of discussions with United States allies for
the purposes stated in that paragraph and the status of contributions
by those allies to the Theater Missile Defense Cooperation Account,
shown separately for each allied country covered by the plan.
(c) Restriction on Funds.--Of the total amount appropriated
pursuant to authorizations in this Act for theater ballistic missile
defenses programs, not more than 80 percent may be obligated until--
(1) the report under subsection (b)(2) is submitted to
Congress; and
(2) the President certifies in writing to Congress that
each of the NATO allies, Japan, Israel, South Korea, and any
other country that the President considers appropriate have
been formally contacted concerning the matters described in the
report.
(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 of such deployment.
(e) Requirement To Establish Annual TMD Level.--The Congress shall
establish by law for each fiscal year (beginning with fiscal year 1995)
the level of new obligational authority (stated as a single dollar
amount) for research, development, test, and evaluation and for
procurement for theater missile defense programs of the Department of
Defense for that fiscal year.
(f) Allied Participation in TMD.--Congress encourages greater
participation by United States allies, and particularly by those
nations that would benefit most from Theater Missile Defense systems,
in cooperative Theater Missile Defense efforts with the United States.
(g) Fund for Allied Contributions.--(1) Chapter 155 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 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.--(1) 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.''.
Subtitle D--Women's Health Research
SEC. 251. DEFENSE WOMEN'S HEALTH RESEARCH CENTER.
(a) Establishment of Center.--(1) Chapter 139 of title 10, United
States Code, is amended by inserting after section 2358 the following
new section:
``Sec. 2359. Defense Women's Health Research Center
``(a) Establishment of the Center.--The Secretary of Defense shall
establish a Defense Women's Health Research Center (hereinafter in this
section referred to as the `Center') in the Department of the Army. The
Center shall be under the authority of the Army Health Services
Command.
``(b) Purposes.--(1) The Center shall be the coordinating agent for
multidisciplinary and multiinstitutional research within the Department
of Defense on women's health issues related to service in the armed
forces. The Center shall be dedicated to development and application of
new knowledge, procedures, techniques, training, and equipment for the
improvement of the health of women in the armed forces.
``(2) In carrying out or sponsoring research studies, the Center
shall provide that the cohort of women in the armed forces shall be
considered as control groups.
``(3) The Center shall support the goals and objectives recognized
by the Department of Defense under the plan of the Department of Health
and Human Services designated as `Healthy People 2000'.
``(4) The Center shall support initiation and expansion of research
into matters relating to women's health in the military, including the
following matters as they relate to women in the military:
``(A) Combat stress and trauma.
``(B) Exposure to toxins and other environmental hazards
associated with military hardware.
``(C) Psychology related stresses in warfare situations.
``(D) Breast cancer.
``(E) Reproductive health, including pregnancy.
``(F) Gynecological cancers.
``(G) Infertility and sexually transmitted diseases.
``(H) HIV and AIDS.
``(I) Mental health, including post-traumatic stress
disorder and depression.
``(J) Menopause, osteoporosis, Alzheimer's disease, and
other conditions and diseases related to aging.
``(K) Substance abuse.
``(L) Sexual violence and related trauma.
``(M) Human factor studies related to women in combat.
``(c) Requirements Relating to Establishment of Center.--The Center
may be established only at a facility of the Army in existence on July
1, 1993, having the following characteristics:
``(1) A physical plant immediately available to serve as
headquarters for the medical activities to be carried out by
the Center.
``(2) Ongoing fellowship and residency programs colocated
with ongoing collaborative health-related and interdisciplinary
research of (A) a facility of the Department of Veterans
Affairs, (B) an accredited university with specialties in
medical research and clinical diagnostics, and (C) a hospital
owned and operated by a municipality.
``(3) A technologically modern laboratory capability at the
site and at the affiliated sites referred to in paragraph (2),
with the capability to include state-of-the-art clinical
diagnostic instrumentation, data processing, telecommunication,
and data storage systems.
``(4) Compatibility with and capability to effectively
expand its existing mission in accordance with the mission of
the Center under this section.
``(5) Maximum multi-State geographic jurisdiction to permit
regional health-related issues to be researched and integrated
into national military databases.
``(6) An existing relationship for the provision of
services to Native Americans through the Indian Health
Service.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2358 the
following new item:
``2359. Defense Women's Health Research Center.''.
(b) Implementation Plan.--The Secretary of Defense, acting through
the Secretary of the Army and in coordination with the other military
departments, shall prepare a plan for the implementation of section
2359 of title 10, United States Code, as added by subsection (a). The
plan shall be submitted to the Committees on Armed Services of the
Senate and House of Representatives before May 1, 1994.
(c) Activities for Fiscal Year 1994.--During fiscal year 1994, the
Center established under section 2359 of title 10, United States Code,
as added by subsection (a), shall address the following:
(1) Program planning, infrastructure development, baseline
information gathering, technology infusion, and connectivity.
(2) Management and technical staffing.
(3) Data base development of health issues related to
service on active duty as compared to service in the National
Guard or Reserves.
(4) Research protocols, cohort development, health
surveillance and epidemiologic studies.
(d) Funding.--Of the funds authorized to be appropriated in section
201, $40,000,000 shall be available only for the establishment of the
Center and to complete the planning, staffing, and infrastructure
development leading to full operation of the Center by 1995.
SEC. 252. CONTINUATION OF ARMY BREAST CANCER RESEARCH PROGRAM.
During fiscal year 1994, the Secretary of the Army shall continue
the breast cancer research program established in the second and third
provisos in the paragraph in title IV of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1890) under the
heading ``Research, Development, Test, and Evaluation, Army''.
SEC. 253. 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.
SEC. 254. REPORT ON RESEARCH RELATING TO FEMALE MEMBERS OF THE
UNIFORMED SERVICES AND FEMALE COVERED BENEFICIARIES.
Not later than July 1 of each of 1995, 1996, and 1997, the
Secretary of Defense shall submit to Congress a report containing--
(1) a description (as of May 31 of the year in which the
report is submitted) of the status of any health research that
is being carried out by or under the jurisdiction of the
Secretary relating to female members of the uniformed services
and female covered beneficiaries under chapter 55 of title 10,
United States Code; and
(2) recommendations of the Secretary as to future health
research (including a proposal for any legislation relating to
such research) relating to such female members and covered
beneficiaries.
Subtitle E--Other Matters
SEC. 261. REPEAL OF REQUIREMENT FOR STUDY BY OFFICE OF TECHNOLOGY
ASSESSMENT.
Section 802(c) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1414; 10 U.S.C. 2372
note) is repealed.
SEC. 262. 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. The study shall assess the effect of
cryptographic technologies on national security interests of the United
States Government, on commercial interests of United States industry,
and on privacy interests of United States citizens.
(b) Interagency Cooperation With Study.--The Secretary of Defense
shall direct the National Security Agency, the Advanced Research
Projects Agency, and other appropriate agencies of the Department of
Defense to cooperate fully with the National Research Council in its
activities in carrying out the study under this section. The Secretary
shall request all other appropriate Federal departments and agencies to
provide similar cooperation to the National Research Council.
(c) Funding.--Of the amount authorized to be appropriated in
section 201 for Defense-wide activities, $800,000 shall be available
for the study under this section.
(d) Report.--The National Research Council shall complete the study
and submit to the Secretary of Defense a report on the study within
approximately two years after full processing of security clearances
under subsection (e). The report on the study shall set forth the
Council's findings and conclusions and the recommendations of the
Council for improvements in cryptography policy and procedures. The
Secretary shall submit the report to the Committees on Armed Services
of the Senate and House of Representatives in unclassified form, with
classified annexes as necessary, not later than 120 days after the day
on which the report is submitted to the Secretary.
(e) Expedited Processing of Security 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. 263. REVIEW OF ASSIGNMENT OF DEFENSE RESEARCH AND DEVELOPMENT
CATEGORIES.
(a) Review Required.--The Secretary of Defense shall carry out a
review of the general content of the research and development
categories of the Department of Defense designated as 6.3, 6.4, 6.5,
and 6.6, including a review of the criteria for assigning programs to
those 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.
(b) Responsible Official.--The Secretary of Defense shall designate
an official within the Office of the Secretary of Defense to be
responsible for monitoring and periodically reviewing program elements
for proper categorization to the categories specified in subsection
(a).
(c) Report.--The Secretary shall include with the budget materials
for fiscal year 1995 submitted to Congress by the Secretary in support
of the President's budget for that year a report on the implementation
of this section. The report (1) shall include a certification (or an
explanation of why the Secretary cannot certify) that current research
and development programs are correctly categorized as described in
subsection (a), and (2) shall specify the official designated under
subsection (b).
SEC. 264. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT RESPONSIBILITY FOR
NAVY MINE COUNTERMEASURES PROGRAM.
Section 216 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317) is amended by
striking out ``during fiscal years 1994 through 1997'' in subsection
(a) and inserting in lieu thereof ``during fiscal years 1995 through
1997''.
SEC. 265. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.
(a) Composition of Council.--Section 2902(b) of title 10, United
States Code, is amended--
(1) by striking out ``thirteen members'' and inserting in
lieu thereof ``fourteen members'';
(2) in paragraph (1), by striking out ``Assistant Secretary
of Defense responsible for matters relating to production and
logistics'' and inserting in lieu thereof ``Deputy Under
Secretary of Defense for Environmental Security'';
(3) by redesignating paragraphs (9) and (10) as paragraphs
(10) and (11), respectively; and
(4) by inserting after paragraph (8) the following new
paragraph (9):
``(9) The Administrator of the National Oceanic and
Atmospheric Administration.''.
(b) Joint Projects.--Section 2902(e)(6) of such title is amended by
striking out ``and the Administrator of the Environmental Protection
Agency,'' and inserting ``the Administrator of the Environmental
Protection Agency, and the Administrator of the National Oceanic and
Atmospheric Administration,''.
SEC. 266. AUTHORIZED USE FOR FACILITY CONSTRUCTED WITH PRIOR DEFENSE
GRANT FUNDS.
The plasma are facilities constructed using funds 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. 267. GRANT TO SUPPORT ESTABLISHMENT OF RESEARCH FACILITY TO STUDY
LOW-LEVEL CHEMICAL SENSITIVITIES.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of Health and Human Services, shall make a grant in the
amount of $1,200,000 to a medical research institution selected through
established acquisition procedures for the purpose of constructing and
equipping a specialized environmental medical facility at that
institution with the purpose of studying the possible health effects of
exposure to low levels of volatile organic chemicals and other
substances and the individual susceptibility of humans to such exposure
under environmentally controlled conditions, especially among persons
who served on active duty in the Southwest Asia theater of operation
during the Persian Gulf War.
(b) Funding Source.--Funds for the grant under subsection (a) shall
be made from amounts appropriated to the Department of Defense for
fiscal year 1994 for research, development, test, and evaluation.
(c) Selection Criteria.--To be eligible to be selected for a grant
under subsection (a), an institution--
(1) must be affiliated with an accredited hospital and be
affiliated with, and in close proximity to, a Department of
Defense medical center and a Department of Veterans Affairs
medical center;
(2) must enter into an agreement with the 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) must 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 volatile organic chemicals and other substances;
and
(4) must 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 volatile
organic chemicals and other substances and lead to new
therapies.
SEC. 268. LYME DISEASE PROGRAM.
(a) Program.--The Secretary of Defense shall carry out a program
relating to Lyme disease. The program shall be carried out through the
Environmental Hygiene Agency of the Department of the Army. The
Secretary shall provide that information relating to prevention,
detection, or treatment of Lyme disease that is developed under the
program and that may be applicable to the general public shall be
provided to the Secretary of Health and Human Services for
dissemination to appropriate public health authorities through the
Public Health Service.
(b) Funding.--From funds made available to the Army for fiscal year
1994 for research, development, test, and evaluation pursuant to
section 201, the sum of $1,000,000 shall be available for the program
under subsection (a), of which $500,000 shall be for one-time startup
costs for equipment, facilities, and software development and $500,000
shall be for fiscal year 1994 labor and operating expenses.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance in amounts as follows:
(1) For the Army, $16,462,610,000.
(2) For the Navy, $20,102,493,000.
(3) For the Marine Corps, $1,990,139,000.
(4) For the Air Force, $19,788,648,000.
(5) For Defense-wide activities, $9,069,428,000.
(6) For Medical Programs, Defense, $9,106,685,000.
(7) For the Army Reserve, $1,095,590,000.
(8) For the Naval Reserve, $775,800,000.
(9) For the Marine Corps Reserve, $75,050,000.
(10) For the Air Force Reserve, $1,354,578,000.
(11) For the Army National Guard, $2,223,255,000.
(12) For the Air National Guard, $2,665,233,000.
(13) For the National Board for the Promotion of Rifle
Practice, $2,483,000.
(14) For the Defense Inspector General, $169,001,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $1,109,439,000.
(16) For the Court of Military Appeals, $5,610,000.
(17) For Environmental Restoration, Defense,
$2,309,400,000.
(18) For Chemical Agents and Munitions Destruction,
Defense-wide, $308,161,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund,
$1,091,095,000.
(2) For the National Defense Sealift Fund, $290,800,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1994
from the Armed Forces Retirement Home Trust Fund the sum of $61,890,000
for operation of the Armed Forces Retirement Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE FUND.
(a) Authority To Transfer Funds.--From amounts in the National
Defense Stockpile Transaction Fund that the Secretary of Defense
determines are not needed to meet current and estimated future
obligations under the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98a et seq.), as described in the annual materials plan
submitted on May 28, 1993, for the five-year period beginning October
1, 1993, the Secretary of Defense may, to the extent provided in
appropriations Acts, transfer not more than $500,000,000 from the Fund
to appropriations for operation and maintenance for fiscal year 1994 to
be used only for the purpose of reducing the backlog of maintenance and
repair (BMAR).
(b) Availability.--Amounts transferred pursuant to subsection (a)
shall be available for obligation until expended and shall be in
addition to any other funds available for the purpose described in such
subsection.
(c) Treatment of Transfer.--Amounts transferred pursuant to this
section shall not increase the amount authorized to be appropriated in
section 301 for the account to which the amount is transferred.
Subtitle B--Limitations
SEC. 311. NOTIFICATION REQUIREMENT PRIOR TO TRANSFER OF CERTAIN FUNDS.
The Secretary of Defense may not transfer funds appropriated to
operation and maintenance accounts of the Department of Defense for air
operations, ship operations, land forces, and combat operations,
unless, before the transfer, the Secretary notifies the Congress of the
transfer and the reasons for the transfer.
SEC. 312. EXTENSION OF LIMITATION ON THE USE OF CERTAIN FUNDS FOR
PENTAGON RESERVATION.
Section 311(a) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2364) is amended by striking
out ``fiscal year 1993'' in paragraphs (1) and (3) and inserting in
lieu thereof ``fiscal years 1993 and 1994''.
SEC. 313. PROHIBITION ON OPERATION OF THE NAVAL AIR STATION, BERMUDA.
(a) Prohibition.--No funds available to the Department of Defense
for operation and maintenance may be used to operate the Naval Air
Station, Bermuda.
(b) Effective Date.--Subsection (a) shall take effect 90 days after
the date of the enactment of this Act.
SEC. 314. LIMITATION ON THE USE OF APPROPRIATED FUNDS FOR DEPARTMENT OF
DEFENSE GOLF COURSES.
(a) In General.--(1) Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 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.''.
(2) 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. 315. CODIFICATION OF PROHIBITION ON THE USE OF CERTAIN COST
COMPARISON STUDIES.
(a) In General.--Section 2467 of title 10, United States Code, is
amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d), respectively;
(2) by inserting before subsection (c), as redesignated by
paragraph (1), the following new subsections:
``(a) Prohibition.--Except as provided in subsection (b), the
Secretary of Defense may not enter into a contract for the performance
of a commercial activity in any case in which the contract results from
a cost comparison study conducted by the Department of Defense under
Office of Management and Budget Circular A-76 (or any successor
administrative regulation or policy).
``(b) Exceptions for Certain Contracts.--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
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.''; and
(3) in subsection (d)(1), as redesignated by paragraph (1),
by striking out ``Each officer'' and inserting in lieu thereof
``In any case in which a comparison referred to in subsection
(c) is conducted, the officer''.
(b) Conforming Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2467. Prohibition on the use of certain cost comparison
studies''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 146 of such title is amended to read as
follows:
``2467. Prohibition on the use of certain cost comparison studies.''.
(c) Repeal.--Section 312 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2365) is repealed.
(d) Effective Date.--This section, and the amendments made by this
section, shall take effect on September 30, 1993.
SEC. 316. 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, Florida,
for the Army and Marine Corps, respectively.
(c) Report Before Subsequent Relocation.--After the end of such
two-year period, any decision by the Secretary of the Navy to relocate
the Marine Prepositioning Forces (MPF) from Blount Island,
Jacksonville, Florida, may be made only after the Secretary of Defense
has submitted to the Committees on Armed Services of the Senate and
House of Representatives a detailed cost and operational analysis
explaining the basis of the decision for such relocation.
SEC. 317. USE OF FUNDS FOR NAVY DEPOT BACKLOG.
Of the funds authorized to be appropriated under section 301(2) for
operation and maintenance for the Navy, $200,000,000 (representing the
amount by which the amount of such funds exceeds the amount specified
in the budget of the President for operation and maintenance for the
Navy for fiscal year 1994) may be used only to decrease the backlog of
depot-level maintenance and repair.
SEC. 318. LIMITATION ON USE OF FUNDS FOR TRIDENT SUBMARINE FORCE.
Amounts authorized to be appropriated under section 301(2) that are
made available for operation and support of the trident submarine force
may not exceed an amount that equals the difference between--
(1) the amount in the budget submitted by the President for
fiscal year 1994 (pursuant to section 1105 of title 31, United
States Code) for operation and support of the trident submarine
force; and
(2) $100,000,000.
SEC. 319. LIMITATION ON OBLIGATION OF FUNDS IN CONNECTION WITH UPGRADES
OR REPAIRS AT THE ARMY RESERVE FACILITY IN MARCUS HOOK,
PENNSYLVANIA.
(a) Limitation on Obligation of Funds.--Except as provided in
subsection (b), none of the funds appropriated for fiscal year 1994
pursuant to an authorization of appropriations contained in this Act
may be obligated or expended to plan or carry out any upgrade, repair,
or other construction at the Army Reserve Facility in Marcus Hook,
Pennsylvania (in this section referred to as the ``Marcus Hook
facility''), until after the end of the 30 day-period beginning on the
date the Secretary of the Army submits to the congressional defense
committees the report required by subsection (c).
(b) Exception.--Subsection (a) shall not prohibit obligations or
expenditures of funds in connection with construction at the Marcus
Hook facility if the Secretary certifies to the congressional defense
committees in advance that the construction is limited to emergency
repairs necessary to continue operations of water craft support at the
Marcus Hook facility.
(c) Report Required.--The Secretary shall prepare a report
evaluating the suitability of alternative sites within a 100 mile
radius of the Marcus Hook facility to replace the facility. The report
shall contain, at a minimum, a detailed accounting of--
(1) required pier and building space and available building
and pier space at each alternative site;
(2) the costs required to operate comparable spaces at each
alternative site;
(3) other users at each alternative site and their space
requirements; and
(4) the assets and liabilities at each alternative site.
SEC. 320. PROHIBITION ON CONTRACTS WITH THE BAHRAIN SHIP REPAIRING AND
ENGINEERING COMPANY FOR SHIP REPAIR.
(a) Prohibition.--Notwithstanding section 7299a of title 10, United
States Code, the Secretary of Defense may not enter into a contract
with the Bahrain Ship Repairing and Engineering Company for the
overhaul, repair, or maintenance of naval vessels until the Secretary
certifies to the Committees on Armed Services of the Senate and House
of Representatives that at least one of the following conditions
exists:
(1) The work was unplanned and is of an emergency nature.
(2) There is a compelling national security reason for the
work to be done by the Bahrain Ship Repairing and Engineering
Company.
(3) The Bahrain Ship Repairing and Engineering Company
initiates legal proceedings, or other proceedings, to
compensate the members of the Navy killed as a result of the
explosion in the engine room of the U.S.S. Iwo Jima that
occurred after the repair of the U.S.S. Iwo Jima by that
company.
(b) Applicability.--Subsection (a) applies with respect to
contracts for the overhaul, repair, or maintenance of a naval vessel
entered into after the date of enactment of this Act.
SEC. 321. LIMITATION ON CHARTERING OF VESSELS ON WHICH REFLAGGING OR
CONVERSION WORK HAS BEEN PERFORMED IN A FOREIGN SHIPYARD.
Section 2631 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``Only vessels''; and
(2) by adding at the end the following new subsection:
``(b)(1) The Secretary of Defense may enter into a time-charter
contract for the use of a vessel for the transportation of supplies, in
the case of a vessel on which reflagging or repair work was performed
during the two-year period preceding the date of the award of the
proposed charter, only if such work was performed at a shipyard in the
United States (including any territory of the United States).
``(2) In paragraph (1), the term `reflagging or repair work' means
work performed on a vessel--
``(A) to enable the vessel to meet applicable standards to
become a vessel of the United States; or
``(B) to convert the vessel to a more useful military
configuration.''.
SEC. 322. ONE-YEAR PROHIBITION ON REDUCTION OF FORCE STRUCTURE FOR
RESERVE COMPONENT SPECIAL OPERATIONS FORCES.
(a) Prohibition.--During fiscal year 1994, the Secretary of Defense
may not reduce the force structure of the special operations forces of
the reserve components below the force structure of those forces as of
September 30, 1993.
(b) Definition.--In this section, the term ``force structure''
means the number and types of units and organizations, and the number
of authorized personnel spaces allocated to those units and
organizations, in a military force.
SEC. 323. PROHIBITION ON JOINT USE OF SELFRIDGE AIR NATIONAL GUARD
BASE, MICHIGAN, WITH CIVIL AVIATION.
The Secretary of the Air Force may not enter into any agreement
that would provide for or permit civil aircraft to regularly use
Selfridge Air National Guard Base in Harrison Township, Michigan.
SEC. 324. LIMITATION ON USE OF GOVERNMENT FACILITIES FOR CERTAIN MASTER
SHIP REPAIR AGREEMENTS.
(a) Limitation.--The only non-Federal Government entity who may
include the use of facilities owned, operated, or under the
jurisdiction of the Department of Defense in a bid or solicitation for
ship repair activities with the Department of Defense is an entity
referred to in subsection (b).
(b) Covered Entities.--An entity referred to in subsection (a) is a
person who, on or after the date of the enactment of this Act, holds a
master ship repair agreement with the Department of Defense in the
relevant homeport area.
Subtitle C--Defense-Wide Funds
SEC. 331. PROHIBITION ON USE OF DEFENSE BUSINESS OPERATIONS FUND.
The Secretary of Defense shall not, after April 15, 1994, manage
the performance of any function, activity, fund, or account of the
Department of Defense through the Defense Business Operations Fund
established by section 316 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1338)).
After April 15, 1994, any management through a defense-wide fund of
functions, activities, funds, and accounts that were managed through
the Defense Business Operations Fund may be only as provided in section
333.
SEC. 332. CLASSIFICATION OF CERTAIN COMPETITIVE AND NONCOMPETITIVE
ACTIVITIES OF THE DEPARTMENT OF DEFENSE; NONCOMPETITIVE
RATES BOARD.
(a) Classification According to Competitiveness.--Not later than
April 15, 1994, the Secretary of Defense shall classify each function,
fund, activity, and account that is managed by the Secretary under a
single, defense-wide fund (including the Defense Business Operations
Fund established in section 316 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1338)) according to whether or not the function, fund, activity, or
account is suitable for provision and purchase by the Department of
Defense in a competitive market. The Secretary of Defense shall revise
a classification under this subsection whenever the Secretary considers
it to be appropriate.
(b) Pricing and Performance of Competitive Activities.--The
Secretary of Defense shall take any action necessary to provide for
competitive pricing and active competition among suppliers for the
operation of each function, fund, activity, or account classified as
suitable for competition under subsection (a).
(c) Rates for Noncompetitive Activities.--The Secretary of Defense
shall establish rates and prices, and standards for the rates and
prices, for each function, fund, activity, or account classified as not
suitable for competition under subsection (a).
(d) Noncompetitive Rates Board.--(1) The Secretary of Defense shall
appoint a Noncompetitive Rates Board (in this section referred to as
the ``Board'') to regularly review the rates, prices, and standards
established under subsection (c).
(2) The Board shall be composed of 3 individuals, at least one of
whom shall have experience in the private-sector performance of
functions, funds, activities, and accounts classified as not suitable
for competition under subsection (a).
(3)(A) Each member of the Board shall be paid at a rate equal to
the daily equivalent of the minimum annual rate of basic pay payable
for level IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during which
the member is engaged in the actual performance of the duties of the
Board.
(B) Each member of the Board shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(4) The Secretary of Defense shall provide the Board with the
information and the administrative, professional, and technical support
required by the Board to carry out its duties under this section.
(5) The Board shall annually submit to the congressional defense
committees, at the same time as the report required to be submitted
under section 333(i), the results of reviews conducted under paragraph
(1) and the recommendations of the Board for any legislative and
administrative action the Board considers to be appropriate.
SEC. 333. COMPETITIVE AND REGULATED BUSINESS OPERATIONS FUNDS.
(a) Authority To Borrow From General Fund.--To the extent provided
in appropriations Acts, the Secretary of Defense may borrow from the
General Fund of the Treasury such sums as may be necessary to purchase
the assets of the Defense Business Operations Fund (in this section
referred to as the ``DBOF'') and to provide for the management of
functions, funds, activities, and accounts referred to in subsection
(b).
(b) Purchase of DBOF Assets.--With amounts borrowed under
subsection (a), the Secretary of Defense shall purchase from the DBOF
at fair market value--
(1) all assets of each function, fund, activity, or account
managed through the DBOF and classified under section 332 as
suitable to competition; and
(2) all assets of each function, fund, activity, or account
managed through the DBOF and classified under section 332 as
not suitable to competition.
(c) Payment of DBOF Purchase Amounts to the General Fund.--Amounts
received by the DBOF from the sale of DBOF assets under subsection (b)
shall be deposited in the General Fund of the Treasury.
(d) Establishment of CBOF and RBOF.--(1) There are established in
the Treasury of the United States the following revolving funds:
(A) The ``Competitive Business Operations Fund'' (in this
section referred to as the ``CBOF'').
(B) The ``Regulated Business Operations Fund'' (in this
section referred to as the ``RBOF'').
(2) The Secretary of Defense may manage the performance of any
function, fund, activity, or account referred to in subsection (b)(1)
through the CBOF. The assets of each such fund, function, activity, or
account purchased from the DBOF under such subsection shall be
transferred to and accounted for in the CBOF.
(3) The Secretary of Defense may manage the performance of any
function, fund, activity, or account referred to in subsection (b)(2)
through the RBOF. The assets of each such function, fund, activity, or
account purchased from the DBOF under such subsection shall be
transferred to and accounted for in the RBOF.
(e) Repayment to the General Fund.--The Secretary of Defense shall
repay, out of the CBOF, the amount of any sums borrowed under
subsection (a) and used to purchase assets for the CBOF. The Secretary
of Defense shall repay, out of the RBOF, the amount of any sums
borrowed under subsection (a) and used to purchase assets for the RBOF.
Interest on the amount borrowed shall be paid quarterly and shall equal
the average quarterly rate of interest for funds borrowed by the
Treasury. The amount of the repayment and interest shall be deposited
in the General Fund of the Treasury.
(f) Treatment of Net Gains and Losses.--(1) The amount of any net
gain from the operation of a function, fund, activity, or account
managed through the CBOF or the RBOF shall be deposited in the General
Fund of the Treasury.
(2) There are authorized to be appropriated to the CBOF or the
RBOF, as the case may be, such sums as may be necessary to make up a
net loss from the performance of a function, fund, activity, or account
managed through the CBOF or the RBOF, as the case may be.
(g) Separate Accounting, Reporting, and Auditing.--For purposes of
reporting and auditing, the Secretary of Defense shall maintain the
separate identity and separate records (including separate records on
net gains and losses) for each function, fund, activity, or account
managed through the CBOF and the RBOF.
(h) Inclusion of Other Functions in CBOF and RBOF.--The Secretary
shall notify the Congress of any proposal by the Secretary to manage
through the CBOF or the RBOF any function, fund, activity, or account
that is in addition to the functions, fund, activities, and accounts
referred to in subsection (b).
(i) Report.--The Secretary of Defense shall submit to the
congressional defense committees, at the same time the Secretary
submits the report required under section 113 of title 10, United
States Code, a report on the management of functions, funds,
activities, and accounts under the CBOF and the RBOF. The report shall
include--
(1) an identification of each function, fund, activity, and
account that is classified as suitable for competition under
section 332 and managed through the CBOF;
(2) an identification of each function, fund, activity, and
account that is classified as not suitable for competition
under section 332 and managed through the RBOF; and
(3) detailed information on the financial performance and
condition of each function, fund, activity, and account
identified under paragraphs (1) and (2), including information
on net gains and losses.
(j) Effective Date.--This section shall take effect on October 1,
1994.
SEC. 334. EXTENSION OF LIMITATION ON OBLIGATION AGAINST DEFENSE
BUSINESS OPERATIONS FUND.
Section 343(a) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2377) is amended by striking
out ``fiscal year 1993'' both places it appears and inserting in lieu
thereof ``a fiscal year''.
Subtitle D--Depot-Level Activities
SEC. 341. DEPARTMENT OF DEFENSE DEPOT TASK FORCE.
(a) Establishment.--The Secretary of Defense shall appoint a task
force to assess the overall performance and management of depot-level
activities of the Department of Defense. The assessment shall include--
(1) an identification of the functions and activities that
are suitable for performance by depot-level activities of the
Department of Defense;
(2) an identification of the functions and activities that
are suitable for performance by non-Government personnel;
(3) an evaluation of the manner and level of performance of
such work; and
(4) an evaluation of how rates, prices, and the core
workload requirements are determined for work performed by the
depot-level activities.
(b) Membership.--The task force shall be composed of individuals
who are representatives of the Department of Defense and the private
sector and who have expertise in the management and performance of
depot-level activities.
(c) Pay and Travel Expenses.--(1) Each member of the task force
shall be paid at a rate equal to the daily equivalent of the minimum
annual rate of basic pay 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.
(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 congressional defense committees the results of the
assessment conducted under subsection (a) and the recommendations of
the task for any legislative and administrative action the task force
considers to be appropriate.
(f) Termination.--The task force shall terminate not later than 60
days after submitting its report pursuant to subsection (e).
SEC. 342. RETENTION OF DEPOT-LEVEL MAINTENANCE WORKLOAD MANAGEMENT BY
THE MILITARY DEPARTMENTS.
(a) Management of Depot-level Maintenance Workload by the Military
Departments.--Chapter 146 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 2470. Depot-level maintenance workload: management by the
military departments
``The Secretary of Defense may not consolidate the management of
the depot-level maintenance workload of the Department of Defense under
a single defense-wide entity. The management of any such workload for a
military department shall continue to be carried out by the Secretary
of the military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2470. Depot-level maintenance workload: management by the military
departments.''.
SEC. 343. CONTINUATION OF CERTAIN PERCENTAGE LIMITATIONS ON THE
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
The Secretary of Defense shall ensure that the percentage
limitations on the performance of depot-level maintenance of material
set forth in section 2466 of title 10, United States Code, are adhered
to. The Secretary of Defense may not enter into a contract for the
performance exclusively by non-Federal Government personnel of any
depot-level maintenance that is not required to be performed by
employees of the Department of Defense under such section unless, prior
to selecting the entity to perform the depot-level maintenance--
(1) the Secretary uses competitive procedures for the
selection; and
(2) where appropriate, depot-level activities of the
Department of Defense are eligible to compete for the depot-
level maintenance.
SEC. 344. PROHIBITION ON PERFORMANCE OF CERTAIN DEPOT-LEVEL WORK BY
FOREIGN CONTRACTORS.
(a) In General.--(1) Chapter 146 of title 10, United States Code,
as amended by section 342, is amended by adding at the end the
following new section:
``Sec. 2471. Prohibition on performance of certain depot-level work by
foreign contractors
``(a) Prohibition.--The Secretary of Defense may not contract for
the performance by a person or organization described in subsection (b)
of any depot-level maintenance work that, in the determination of the
Secretary, could be performed in the United States on a cost-effective
basis and without significant adverse effect on the readiness of the
armed forces.
``(b) Covered Persons and Organizations.--A person or organization
referred to in subsection (a) is a person or organization--
``(1) which does not perform substantially all of its
activities as part of the `national technology and industrial
base', as such term is defined in paragraph (1) of section
2491; and
``(2) which is not a citizen or permanent resident of a
country referred to in such paragraph, or, if applicable, the
majority of which is owned or controlled by citizens or
permanent residents of any such country.''.
(2) The table of sections at the beginning of such chapter, as
amended by section 342, is amended by adding at the end the following
new item:
``2471. Prohibition on performance of certain depot-level work by
foreign contractors.''.
(b) Effective Date.--Section 2471 of title 10, United States Code,
as added by subsection (a), shall apply with respect to contracts
entered into after the expiration of the 90-day period beginning on the
date of the enactment of this Act.
SEC. 345. MODIFICATION OF LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL.
(a) Modification of Limitation.--Subsection (a)(1) of section 2466
of title 10, United States Code, is amended by striking out ``for the
military department or the Defense Agency'' and inserting in lieu
thereof ``with respect to each type of materiel or equipment, including
ships, aircraft, ordinance, supply, and land forces, for the military
department and the Defense Agency''.
(b) Report.--Subsection (e) of such section is amended to read as
follows:
``(e) Report.--Not later than January 15, 1995, the Secretary of
each military department and, with respect to the Defense Agencies, the
Secretary of Defense shall jointly submit to the Congress a report
describing the progress during the preceding fiscal year to achieve and
maintain the percentage of depot-level maintenance required to be
performed by employees of the Department of Defense pursuant to
subsection (a).''.
SEC. 346. CLARIFICATION OF LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL FOR NEW WEAPON SYSTEMS.
(a) Clarification of Limitation.--Subsection (a) of section 2466 of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) The Secretary concerned shall, within 5 years after the
initial delivery of a weapon system to the Department of Defense,
provide for the performance by employees of the Department of Defense
of not less than 60 percent of the depot-level maintenance of the
weapon system.''.
(b) Conforming Amendment.--Paragraph (1) of such subsection, as
amended by section 345(a), is further amended by striking out
``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and
(3)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to a weapon system delivered after the date of the
enactment of this Act.
SEC. 347. AUTHORITY TO WAIVE CERTAIN CLAIMS OF THE UNITED STATES.
(a) Description of the Claims Involved.--This section applies with
respect to any claim of the United States against an individual which
relates to a bonus or other payment awarded to such individual under a
productivity gainsharing program based on work performed by such
individual as an employee of the Naval Aviation Depot, Norfolk,
Virginia, after September 30, 1988, and before October 1, 1992.
(b) Waiver Authority Available Without Regard to the Amount
Involved.--Notwithstanding the limitation set forth in section
2774(a)(2)(A) of title 10, United States Code, any waiver authority
under section 2774(a)(2) of such title may be exercised, with respect
to any claim described in subsection (a) of this section, without
regard to the amount involved.
(c) Definition.--For the purpose of this section, the term
``productivity gainsharing program'' means a productivity gainsharing
program established under chapter 45 or section 5407 of title 5, United
States Code, or Executive Order 12637 (31 U.S.C. 501 note).
Subtitle E--Commissaries and Military Exchanges
SEC. 351. EXPANSION AND CLARIFICATION OF COMMISSARY AND EXCHANGE
BENEFITS.
(a) Expansion of Former Spouses' Eligibility.--Section 1062 of
title 10, United States Code, is amended to read as follows:
``Sec. 1062. Certain former spouses
``(a) Eligibility.--The Secretary of Defense shall prescribe such
regulations as may be necessary to provide that a former spouse
described in subsection (b) is entitled to commissary and exchange
privileges to the same extent and on the same basis as the surviving
spouse of a retired member of the uniformed services.
``(b) Covered Former Spouses.--Subsection (a) applies to any person
who--
``(1) is an unremarried former spouse of a member or former
member who performed at least 20 years of service which is
creditable in determining the member or former member's
eligibility for retired or retainer pay; and
``(2) on the date of the final decree of divorce,
dissolution, or annulment had been married to the member or
former member for a period of at least 20 years, at least 12 of
which were during the period the member or former member
performed service creditable in determining the member or
former member's eligibility for retired or retainer pay.''.
(b) Expansion of Reserve Members' Eligibility.--(1) Section 1063 of
such title is amended--
(A) in subsection (a)(1)--
(i) by inserting ``for such calendar year on the
same basis as members on active duty'' before the
period in the first sentence; and
(ii) by striking out the second sentence;
(B) by striking out subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(2) The heading of such section is amended to read as follows:
``Sec. 1063. Members of the Ready Reserve''.
(c) Expansion of Eligibility for Persons Qualified for Certain
Retired Pay but Under Age 60.--(1) Section 1064 of such title is
amended by striking out ``for 12 days each calendar year'' and
inserting in lieu thereof ``on the same basis as a person who is
eligible for such retired pay''.
(2) The heading of such section is amended to read as follows:
``Sec. 1064. Persons qualified for retired pay under chapter 67 but
under age 60''.
(d) Extension of Benefits to Certain Former Enlisted Members.--(1)
The Secretary of Defense shall prescribe regulations to allow a person
described in paragraph (2), and the survivors of such person, to use
commissary and exchange stores of the Department of Defense on the same
basis as officers retired for disability under chapter 61 of title 10,
United States Code, and the survivors of such officers, respectively.
(2) Paragraph (1) applies to any person who was discharged with a
disability from the Armed Forces on or before October 1, 1949, and--
(A) who at the time of such discharge was an enlisted
member who had completed less than 20 years of active service;
and
(B) who, if such person had been an officer at the time of
such discharge, would have been eligible for disability
retirement under the Career Compensation Act of 1949.
(e) Clarification of Use of Certain Facilities by Certain
Persons.--Section 1065(a) of such title is amended--
(1) in the first sentence, by striking out ``Armed Forces''
and inserting in lieu thereof ``armed forces''; and
(2) by striking out the second sentence and inserting in
lieu thereof the following: ``For a member of the Selected
Reserve, and the dependents of such member, such use shall be
permitted on the same basis as a member on active duty. For a
member who would be eligible for retired pay under chapter 67
but for the fact that the member is under 60 years of age, and
the dependents of such member, such use shall be on the same
basis as a member eligible for such retired pay.''.
(f) Clerical Amendment.--The table of sections at the beginning of
chapter 54 of such title is amended by striking out the items relating
to sections 1063 and 1064 and inserting in lieu thereof the following
items:
``1063. Members of the Ready Reserve.
``1064. Persons qualified for retired pay under chapter 67 but under
age 60.''.
SEC. 352. PROHIBITION ON OPERATION OF COMMISSARY STORES BY ACTIVE DUTY
MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by inserting after section 976 the following new section:
``Sec. 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 additional members of the armed
forces on active duty may be assigned to the Defense Commissary Agency.
Assignment of such member to regional headquarters of that Agency shall
be limited to enlisted advisors for those regions 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 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. 353. MODERNIZATION OF AUTOMATED DATA PROCESSING CAPABILITY OF THE
DEFENSE COMMISSARY AGENCY.
In order to perform inside the Defense Commissary Agency (in this
section referred to as the ``Agency'') all automated data processing
functions of the Agency as soon as possible, the Secretary of Defense
shall take any action necessary to expedite the modernization of the
automated data processing capability of the Agency. Such action may
include the modification of existing contracts with contractors
supplying automated data processing services to the Agency.
SEC. 354. OPERATION OF STARS AND STRIPES BOOKSTORES BY THE MILITARY
EXCHANGES.
The Secretary of Defense shall prescribe regulations providing for
the operation, not later than April 15, 1994, of Stars and Stripes
bookstores outside of the United States by the military exchanges.
SEC. 355. AVAILABILITY OF FUNDS FOR NEXCOM RELOCATION EXPENSES.
Of funds authorized to be appropriated under section 301(2),
$10,000,000 shall be available to provide for the payment of expenses
incurred by the Navy Exchange Service Command to relocate functions and
activities from the Naval Station, Staten Island, to the Naval Base,
Norfolk.
Subtitle F--Other Matters
SEC. 361. EMERGENCY AND EXTRAORDINARY EXPENSE 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 of the Department of Defense'' after
``the Secretary concerned''; and
(C) in the third sentence, by inserting ``or the
Inspector General of the Department of Defense'' after
``The Secretary concerned'';
(2) in subsection (b), by inserting ``, by the Inspector
General of the Department of Defense to a person in the Office
of the Inspector General,'' after ``the Department of
Defense''; and
(3) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding after paragraph (1), as so designated
by subparagraph (A), the following new paragraph:
``(2) The amount of funds expended by the Inspector General of the
Department of Defense under subsections (a) and (b) during a fiscal
year may not exceed $400,000.''.
SEC. 362. AUTHORITY FOR CIVILIAN ARMY EMPLOYEES TO ACT ON REPORTS OF
SURVEY.
Section 4835 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or any 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 a fiscal year''; and
(2) by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall include in the materials
referred in paragraph (1), a report on the implementation of the master
plan for the fiscal year immediately preceding the fiscal year for
which such materials were submitted.''.
SEC. 364. AUTHORITY TO EXTEND MAILING PRIVILEGES.
Paragraph (1) of section 3401(a) of title 39, United States Code,
is amended--
(1) in the matter before subparagraph (A)--
(A) by inserting ``an individual who is'' 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 (P.L. 102-484; 106 Stat.
2385) is amended--
(1) by striking out ``Under regulations prescribed by the
Secretary of Defense, the'' and inserting in lieu thereof
``The'';
(2) by inserting ``, approved by the Secretary of
Defense,'' after ``enter into an agreement''; and
(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 and pay and
allowances allotments for the National Guard of the State for that
fiscal year. The amount of such funds that may be used to carry out the
pilot program during that fiscal year may not exceed 25 percent of the
amount used for medical training of the National Guard of the State
during the fiscal year immediately before that fiscal year.''.
(c) Supplies and Equipment.--Such section is further amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (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, or any
other person may be used to carry out the pilot program.''.
(d) Service of Participants.--Subsection (f) of such section, as
redesignated by subsection (c)(1), is amended to read as follows:
``(f) Service of Participants.--Service in the pilot program by a
member of the National Guard is training in the member's Federal status
as a member of the 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.--For purposes of this section:
``(1) The term `health care' includes medical and dental
care services.
``(2) The term `Governor' means, with respect to the
District of Columbia, the commanding general of the District of
Columbia National Guard.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, and the Virgin
Islands.''.
SEC. 366. AMENDMENTS TO THE ARMED FORCES RETIREMENT HOME ACT OF 1991.
(a) Relationship to Department of Defense.--Section 1511 of the
Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101-
510; 104 Stat. 1723) is amended--
(1) by redesignating subsection (e) as 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 facilities of the Inspector General
of the Department of Defense and of the military departments, and any
other support necessary to enable the Retirement Home to carry out its
functions under this Act.''.
(b) Authority of Retirement Home Chairman.--Subsection (d)(1) of
section 1515 of such Act (104 Stat. 1727) is amended to read as
follows:
``(d) Chairmen.--(1)(A) The Secretary of Defense shall select one
of the members of the Retirement Home Board to serve as chairman. The
term of office of the chairman shall be five years with eligibility for
selection to serve a second five-year term at the discretion of the
Secretary. The chairman shall act as the chief executive officer of the
Retirement Home, and shall not be responsible to the Secretary of
Defense or to the Secretaries of the military departments for overall
direction and management of the Retirement Home and each facility
maintained as a separate facility of the Retirement Home.
``(B) The chairman may appoint, in addition to such ad hoc
committees as the chairman determines to be 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.
``(C) The chairman may appoint an administrative staff to assist
the chairman in the performance of such individual's duties as the
chairman of the Retirement Board and chief executive officer of the
Retirement Home. The chairman shall determine the rate of pay for such
staff, except that a staff member who is a member of the Armed Forces
on active duty or who is a full-time officer or employee of the United
States shall receive no additional pay by reason of service on the
administrative staff.''.
(c) Hospital Care for Home Residents.--The second sentence of
section 1513(b) of such Act (104 Stat. 1725) is amended to read as
follows: ``Secondary and 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 Residents.--Section 1520(a)
of such Act (104 Stat. 1731) is amended to read as follows:
``(a) Effects of Deceased Persons.--The Director of a facility
maintained as a separate establishment of the Retirement Home shall
safeguard and dispose of the estate and personal effects of deceased
residents, including effects delivered to the Retirement Home under
subsections 4712(f) and 9712(f) of title 10, United States Code, and
shall ensure the following:
``(1) A will or other instrument of a 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. All property left by the deceased
resident shall be held for disposition as directed by the
court.
``(2) In the event a resident dies intestate and the heirs
or legal representative of the deceased 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 is amended to
read as follows:
``(b) Sale of Effects.--(1) In the event the disposition of the
estate of a resident of the Retirement Home cannot be accomplished
under subsection (a)(2), the entirety of the deceased resident's
domiciliary estate and the entirety of any ancillary estate that are
unclaimed at the end of the three-year period beginning on the date of
the death of the resident shall escheat to the Retirement Home. Upon
the sale of any such unclaimed estate property, the proceeds of the
sale shall be deposited in the Retirement Home Trust Fund. In the event
a personal representative or other fiduciary is appointed to administer
a deceased resident's unclaimed estate before the end of such three-
year period, the balance of the entire net proceeds of the estate, less
estate expenses, shall be directly deposited to any local court fund,
subject to a claim by the Comptroller General of the United States.
This paragraph shall apply to the estate of a resident of the Soldiers'
and Airmen's Home or of the Naval Home who dies after November 29,
1989.
``(2) The Director of a facility maintained as a separate
establishment of the Retirement Home may designate an attorney to serve
as attorney-general for the facility in any probate proceeding in which
the Retirement Home may have a legal interest as nominated fiduciary,
testamentary legatee, escheat legatee, or in any other capacity. The
attorney-general may, in the domiciliary jurisdiction of the deceased
resident and in any ancillary jurisdictions, petition for appointment
as fiduciary under any resulting court appointment. In a probate
proceeding in which the heirs of an intestate deceased resident cannot
be located, the attorney-agent shall be appointed as the fiduciary of
the estate of the decedent.
``(3) The designation of a facility of the Retirement Home as
personal representative of the estate of a resident of the Retirement
Home or as a legatee under the will or codicil of the resident shall
not disqualify an employee or staff member of that facility from
serving as an eligible witness to a will or codicil of the resident.
``(4) After the expiration of the three-year period beginning on
the date of the death of a resident of the facility, the Director of
the facility shall dispose of all property of the deceased resident
that is not otherwise disposed of as provided for in this subsection,
including personal effects such as decorations, medals, and citations
to which a right 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; or
``(C) destroying any items the Director concerned considers
to be valueless.''.
SEC. 367. REQUIRED PAYMENT DATE UNDER PROMPT PAYMENT ACT FOR
PROCUREMENT OF BAKED GOODS.
In the case of the acquisition of baked goods by the Department of
Defense, the required payment date for purposes of section 3902 of
title 31, United States Code (relating to interest penalties for
failure to pay contractors by the required payment date), shall be the
same as applies under the regulations prescribed under section
3903(a)(4) of such title in the case of the acquisition of edible oils
or fats by the Department of Defense.
SEC. 368. PROVISION OF FACILITIES AND SERVICES OF THE DEPARTMENT OF
DEFENSE TO CERTAIN EDUCATIONAL ENTITIES.
(a) Provision of Facilities and Services.--Chapter 152 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2553. Facilities and services: certain educational entities
``(a) Use of Facilities.--The Secretary may permit an entity
referred to in subsection (c) to use, on a reimbursable or
nonreimbursable basis, any facility of the Department of Defense that
the Secretary determines will assist that entity in achieving its
educational goals.
``(b) Use of Services.--The Secretary may make available to an
entity referred to in subsection (c), on a reimbursable or
nonreimbursable basis, the services of any member of the armed forces
or employee of the Department of Defense who the Secretary determines
will assist that entity in achieving its education goals.
``(c) Covered Entities.--The entities referred to in subsections
(a) and (b) are the following:
``(1) The United States Space Camp.
``(2) The United States Space Academy.
``(3) The Aviation Challenge.
``(4) The National Flight Academy.
``(d) Operation of the National Flight Academy.--After the
completion of the facilities of the National Flight Academy, the
Secretary of the Navy may accept the donation of such facilities from
the Naval Aviation Museum Foundation (or a successor entity of the
Foundation). If the donation occurs, the Secretary of the Navy may, by
regulations prescribed under subsection (f), permit the Naval Aviation
Museum Foundation (or any successor entity) to operate and maintain
such facilities.
``(e) Noninterference With Armed Forces Operations.--The provision
of facilities and services under subsections (a) and (b) may not
interfere with the normal operations and missions of the armed forces.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including regulations establishing reasonable
rates for a reimbursement under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of such chapter is amended by adding at the end the
following new item:
``2553. Facilities and services: certain educational entities.''.
SEC. 369. MODIFICATION OF RESTRICTION ON REPAIR OF CERTAIN VESSELS THE
HOMEPORT OF WHICH IS PLANNED FOR REASSIGNMENT.
Section 7310(b) of title 10, United States Code, as inserted by
section 814(b), is amended to read as follows:
``(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 to be for a period of more
than six months.''.
SEC. 370. ESCORTS AND FLAGS FOR CIVILIAN EMPLOYEES WHO DIE WHILE
SERVING IN AN ARMED 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:
``Sec. 1482a. Expenses incident to death: civilian employees serving in
a contingency operation
``(a) Payment of Expenses.--The Secretary concerned may pay the
following expenses incident to the death of a civilian employee who
dies while serving with an armed force in a contingency operation:
``(1) Round-trip transportation and prescribed allowances
for one person to escort the remains of the employee to the
place authorized under section 5742(b)(1) of title 5.
``(2) Presentation of a flag of the United States to the
next of kin of the employee.
``(3) Presentation of a flag of equal size to the flag
presented under paragraph (2) to the parents or parent of the
employee, if the person to be presented a flag under paragraph
(2) is other than the parent of the employee.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section. The Secretary of Transportation
shall prescribe regulations to implement this section with regard to
civilian employees of the Department of Transportation. Such
regulations shall be uniform to the extent possible.
``(c) Definitions.--In this section:
``(1) The term `parent' has the meaning given such term in
section 1482(a)(11) of this title.
``(2) The term `Secretary concerned' includes the Secretary
of Defense with respect to employees of the Department of
Defense who are not employees of a military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 75 of such title is amended by inserting after the item
relating to section 1482 the following new item:
``1482a. Expenses incident to death: civilian employees serving in a
contingency operation.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the payment of 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. 371. MAINTENANCE 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 made available to the Marine Corps for
operation and maintenance in a fiscal year, not more than $15,000 shall
be 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 shall be available to repair
and relocate a monument located on Iwo Jima commemorating the heroic
efforts of American military personnel during World War II.
SEC. 372. EXCLUSIVE USE OF AIRCRAFT CARRIER FOR FULL-TIME TRAINING.
(a) Sense of Congress.--It is the sense of the Congress that the
aviation training requirements of the Navy can be adequately achieved
in a safe and cost-effective manner only if an aircraft carrier is used
exclusively and on a full-time basis to meet such requirements.
(b) Use of Carrier.--The Secretary of the Navy shall use the U.S.S.
Forestall (or another aircraft carrier designated by the Secretary)
exclusively and on a full-time basis to meet the aviation training
requirements of the Navy.
SEC. 373. REPORT ON CERTAIN EDUCATIONAL ARRANGEMENTS FOR CHILDREN
RESIDING ON MILITARY INSTALLATIONS IN THE UNITED STATES.
(a) Report.--Not later than February 28, 1994, the Secretary of
Defense shall submit to the congressional committees referred to in
paragraph (2) a report on any educational arrangement referred to in
subsection (b) that is made by the Secretary of Defense for children
residing on military installations in the United States. The report
shall include the following:
(A) The assessment and recommendations of the Secretary of
Defense regarding the justification of the continuing need for
school facilities under any such educational arrangement.
(B) A comprehensive review of the Department of Education
Impact Aid program to determine whether the program is meeting
its objectives with regard to militarily impacted school
districts. The review shall address structural as well as
funding concerns.
(C) A review of all militarily-impacted school districts
which are experiencing financial difficulties to determine
whether those districts are experiencing financial difficulty
in whole or in part as a result of their responsibility for
educating military dependents. The study should focus on
students under section 3(a) of the Act of September 30, 1950
(20 U.S.C. 238) and include, at a minimum, a review of all
militarily-impacted school districts which are on a State's
financial watch list. The study should specifically analyze the
effect of the financial difficulty on the students served,
including social and educational impacts.
(D) An analysis of, and recommendations regarding, how the
Impact Aid program may be structurally improved to better meet
the educational needs of military dependents and the schools
that serve them. The analysis should specifically address
whether the Department of Defense should assume a larger
responsibility for the education of military dependents.
(2) The congressional committees referred to in paragraph (1) are
the Committees on Armed Services of the Senate and House of
Representatives, the Committee on Labor and Human Resources of the
Senate, and the Committee on Education and Labor of the House of
Representatives.
(b) Covered Arrangements.--An educational arrangement referred to
in subsection (a) is an arrangement of the kind that may be made under
section 6 of the Act of September 30, 1950 (20 U.S.C. 241).
SEC. 374. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.
(a) Demonstration Project for Use of 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. 375. SHIPS' STORES.
(a) Conversion to Operation as Nonappropriated Fund
Instrumentalities.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall convert the
operation of all ships' stores from operation as an activity funded by
direct appropriations to operation by the Navy Exchange Command as an
activity funded from sources other than appropriated funds.
(b) Transfer of Funds.--To facilitate the conversion required under
subsection (a), the Secretary of the Navy shall transfer to the Navy
Exchange Command from--
(1) the Navy Stock Fund, an amount equal to the value of
existing ships' stores assets in that Fund; and
(2) the Ships' Stores Profits, Navy Fund, residual cash in
that Fund.
(c) Codification.--Section 7604 of title 10, United States Code, is
amended--
(A) by inserting ``(a) In General.--'' before ``Under such
regulations''; and
(B) by adding at the end the following new 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 clothing, and
equipment.
``(6) Luggage and leather goods.
``(7) Stationery, magazines, books, and supplies.
``(8) Sundry, games, and souvenirs.
``(9) Beverages and related food and snacks.
``(10) Laundry, tailor, and cleaning supplies.
``(11) Tobacco products.''.
(d) Effective Date.--Subsections (b) and (c) of section 7604 of
title 10, United States Code, as added by subsection (c), shall take
effect on the date on which the Secretary of the Navy completes the
conversion referred to in subsection (a).
Subtitle G--Environmental Provisions
SEC. 381. MODIFICATION OF ANNUAL REPORT ON ENVIRONMENTAL RESTORATION
AND COMPLIANCE BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 2706 of title 10, United States Code, is
amended to read as follows:
``Sec. 2706. Annual report to Congress
``(a) Report.--Each year, at the same time the President submits to
the Congress the budget for a fiscal year (pursuant to section 1105 of
title 31), the Secretary of Defense shall submit to the Congress a
report that describes the progress made by the Secretary of Defense in
implementing environmental restoration and compliance activities at
military installations.
``(b) Contents of Report.--Each such report shall include the
following:
``(1) With respect to environmental restoration activities
for each military installation, the following:
``(A) A statement of the number of individual
facilities at which a hazardous substance has been
identified.
``(B) The status of response actions contemplated
or undertaken at each such facility.
``(C) The specific cost estimates and budgetary
proposals involving response actions contemplated or
undertaken at each such facility.
``(D) The amount of funds obligated for each
response action, and the progress made on implementing
the response action, during the previous fiscal year,
with explanations for any cost variance from such
previous year's estimates of more than 15 percent or
$10,000,000 (whichever is greater), or any schedule
slippage of more than 180 days.
``(E) The amount allocated for, and the progress
the Department expects to make in implementing, each
response action during the current fiscal year.
``(F) The amount requested for each response action
for the fiscal year for which the President's budget is
submitted, and the progress the Secretary expects to
make during that fiscal year in implementing the
response action. If such information is not available
at the time of the submission of the report, the
Secretary shall, to the maximum extent possible,
provide the information in a supplemental report not
later than 30 days after submission of the report.
``(G) The costs incurred to date for each response
action.
``(H) The estimated cost to complete the
environmental restoration activities, including, where
relevant, the estimated cost in five-year increments.
``(I) The estimated final date for completion of
the environmental restoration activities, including,
where relevant, the estimated progress, in five-year
increments, toward completion.
``(2) With respect to compliance activities, the following:
``(A) A statement of the funding levels and full-
time personnel required for the Department of Defense
to comply with applicable environmental laws during the
fiscal year for which the budget is submitted. The
statement shall set 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 as submitted by the President, together with an
explanation of any differences between the funding
level and personnel requirements and the funding level
and personnel requests in the budget. The statement
shall set forth separately the funding levels and full-
time personnel requested for the Department of Defense
as a whole and for each military installation.
``(C) A projection of the funding levels and full-
time personnel that will be required over the next five
fiscal years for the Department of Defense to comply
with applicable environmental laws, set forth
separately for the Department of Defense as a whole and
for each military installation.
``(D) An analysis of the effect that compliance
with such environmental laws may have on the operations
and mission capabilities of the Department of Defense
as a whole and of each military installation.
``(E) A statement of the funding levels requested
in the budget 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
current full-time personnel, both civilian and
military, 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) Definitions.--In this section:
``(1) The term `military installation'--
``(A) includes--
``(i) each facility or site owned by,
leased to, or otherwise possessed by the United
States and under the jurisdiction of the
Secretary;
``(ii) each facility or site which was
under the jurisdiction of the Secretary and
owned by, leased to, or otherwise possessed by
the United States at the time of actions
leading to contamination by hazardous
substances; and
``(iii) each facility or site at which the
Secretary is conducting environmental
restoration activities funded through the
Defense Environmental Restoration Account
established under section 2703, the Department
of Defense Base Closure Account 1990
established under section 2906 of the Defense
Base Closure and Realignment Act of 1990 (title
XXIX of Public Law 101-510; 10 U.S.C. 2687
note), the Department of Defense Base Closure
Account established under section 207 of the
Defense Authorization Amendments and Base
Closure and Realignment Act (10 U.S.C. note), a
successor account to any such accounts, or any
other account established in connection with
the closing or realigning of a military
installation;
``(B) means a base, camp, post, station, yard,
center, or other activity under the jurisdiction of the
Department of Defense, including any leased facility,
which is located within any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, or Guam; and
``(C) does not include any facility used primarily
for civil works, rivers and harbors projects, or flood
control projects.
``(2) The term `response' has the same meaning given such
term in section 101(25) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(25)).''.
(b) Clerical Amendment.--The item relating to section 2706 in the
table of sections at the beginning of chapter 160 of such title is
amended to read as follows:
``2706. Annual report to Congress.''.
SEC. 382. INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTY.
Section 330 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2371) is amended--
(1) in subsection (a)(1)--
(A) by striking out ``hazardous substance or
pollutant or contaminant'' and inserting in lieu
thereof ``hazardous substance, pollutant or
contaminant, or petroleum or its derivatives''; and
(B) by inserting ``(including the activities of any
contractor or subcontractor of the Department of
Defense other than a response action contractor)''
after ``Department of Defense activities'';
(2) in subsection (a)(2), by striking out ``described in
this paragraph'' and inserting in lieu thereof ``referred to in
paragraph (1)'';
(3) in subsection (a)(3)--
(A) by striking out ``the persons and entities
described in paragraph (2)'' and inserting in lieu
thereof ``a person or entity described in paragraph
(2)''; and
(B) by inserting ``to that person or entity''
before the period;
(4) in subsection (b)--
(A) in paragraph (2), by inserting ``person or''
before ``entity''; and
(B) in paragraph (4), by inserting ``person or''
before ``entity'';
(5) in subsection (c), by inserting ``or entity'' after
``person'' each place it appears;
(6) in subsection (d)--
(A) by striking out ``plaintiff'' and inserting in
lieu thereof ``person or entity seeking indemnification
under this section''; and
(B) by striking out ``hazardous substance or
pollutant or contaminant'' and inserting in lieu
thereof ``hazardous substance, a pollutant or
contaminant, or petroleum or its derivatives''; and
(7) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ```remedial action',
`response','' after ```release',''; and
(ii) by inserting ``(24), (25),'' after
``(22),'' each place it appears; and
(B) by adding after paragraph (3) the following new
paragraph:
``(4) 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)), except that such term includes a person
who enters into, and is carrying out, a contract to provide at
a facility (including a facility not listed on the National
Priorities List) a response action with respect to any release
or threatened release from the facility of a hazardous
substance or pollutant or contaminant, or a similar action with
respect to petroleum or its derivatives.''.
SEC. 383. ANNUAL REPORT ON REIMBURSEMENT OF CONTRACTOR ENVIRONMENTAL
RESPONSE COSTS FOR OTHER THAN RESPONSE ACTION
CONTRACTORS.
(a) Annual Report.--Section 2706 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(c) Report on Reimbursement of Contractor Costs.--(1) Each year,
at the same time the President submits to the Congress the budget for a
fiscal year (pursuant to section 1105 of title 31), the Secretary of
Defense shall submit to the committees named in paragraph (3) a report
on payments made by the Secretary of Defense for defense contractor
environmental response costs.
``(2) Each report required by paragraph (1) shall include, for the
recently completed fiscal year--
``(A) estimated payments made by the Secretary of Defense
to a defense contractor (other than a response action
contractor) for environmental response costs at facilities
owned or operated by the defense contractor or at which the
defense contractor is liable in whole or in part for the
environmental response action; and
``(B) the amount and current status of any pending requests
by a defense contractor (other than a response action
contractor) for payment of environmental response costs 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.
``(3) The committees of Congress to which a report under paragraph
(1) is to be submitted are the following:
``(A) The Committee on Armed Services of the House of
Representatives.
``(B) The Committee on Armed Services of the Senate.
``(C) The Committee on Appropriations of the House of
Representatives.
``(D) The Committee on Appropriations of the Senate.
``(E) The Committee on Government Operations of the House
of Representatives.
``(F) The Committee on Governmental Affairs of the
Senate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal years beginning with fiscal year 1992,
except that for fiscal years 1992 and 1993, the Secretary of Defense
shall submit a report required by such amendment to the committees
named in subsection (c) not later than 180 days after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``defense contractor''--
(A) means a company that is one of the top 100
companies receiving the largest dollar volume of prime
contract awards by the Department of Defense during the
fiscal year covered by the report required by section
2706(c) of title 10, United States Code, as amended by
subsection (a); and
(B) does not include small business concerns,
commercial companies providing commercial items to the
Department of Defense, or segments of commercial
companies providing commercial items to the Department
of Defense.
(2) The terms ``facility'', ``response'', and ``response
action contractor'' have the meaning given such terms in
paragraphs (9) and (25) of section 101, and in section
119(e)(2), respectively, of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(9) and (25), 9619(e)(2)).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1994, as follows:
(1) The Army, 540,000.
(2) The Navy, 480,800.
(3) The Marine Corps, 174,100.
(4) The Air Force, 425,700.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 1994, as follows:
(1) The Army National Guard of the United States, 410,000.
(2) The Army Reserve, 260,000.
(3) The Naval Reserve, 113,400.
(4) The Marine Corps Reserve, 36,900.
(5) The Air National Guard of the United States, 117,700.
(6) The Air Force Reserve, 81,500.
(7) The Coast Guard Reserve, 10,000.
(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 402(b), the reserve
components of the Armed Forces are authorized, as of September 30,
1994, the following number of Reserves to be serving on full-time
active duty or, in the case of 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, 19,369.
(4) The Marine Corps Reserve, 2,119.
(5) The Air National Guard of the United States, 9,389.
(6) The Air Force Reserve, 648.
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Senior Enlisted Members.--Effective on October 1, 1993, 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.--Effective on October 1, 1993, 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
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. 415. PERSONNEL LEVEL FOR NAVY CRAFT OF OPPORTUNITY (COOP) PROGRAM.
(a) Fiscal Year 1994.--The Secretary of the Navy shall ensure that
none of the end strength reduction projected for the Naval Reserve in
this Act shall be derived from personnel authorizations assigned to the
Craft of 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 components of the active
and reserve 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) Adjustments.--The average military training student loads
authorized in subsection (a) shall be adjusted consistent with the end
strengths authorized in subtitles A and B. The Secretary of Defense
shall prescribe the manner in which such adjustments shall be
apportioned.
SEC. 422. STUDENT LOADS AT WAR COLLEGES AND AT COMMAND AND GENERAL
STAFF COLLEGES.
(a) Required Student Levels.--The Secretary of Defense shall ensure
that the number of students at each of the war colleges and at each of
the command and general staff colleges is maintained during fiscal year
1994 at the same level as was in effect on October 1, 1992, for each
such college.
(b) Covered Schools.--For purposes of subsection (a)--
(1) the war colleges are the National War College, the
Industrial College of the Armed Forces, the Army War College,
the College of Naval Warfare, and the Air War College; and
(2) the command and general staff colleges are the Armed
Forces Staff College, the Army Command and General Staff
Course, the College of Naval Command and Staff, the Air Command
and Staff College, and the Marine Corps Command and Staff
College.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1994 a total of
$70,671,147,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1994.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Active Components
SEC. 501. YEARS OF SERVICE FOR ELIGIBILITY FOR 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. EXTENSION 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 ``December 5, 1991'' and inserting in
lieu thereof ``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1994''.
SEC. 503. ELIGIBILITY FOR INVOLUNTARY SEPARATION BENEFITS.
Section 1141 of title 10, United States Code, is amended by
striking out ``September 30, 1990'' and inserting in lieu thereof
``September 30, 1991''.
SEC. 504. 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. 505. OFFICERS INELIGIBLE FOR CONSIDERATION BY EARLY RETIREMENT
BOARDS.
Section 638(e)(2)(B) of title 10, United States Code, is amended--
(1) by inserting ``(i)'' after ``grade and competitive
category'';
(2) by inserting ``(ii)'' after ``of this title, or''; and
(3) by striking out the comma after ``any provision of
law''.
SEC. 506. 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.
(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,
elected not to accept such discharge or separation.
(b) Application.--A review under this section shall be conducted in
any case submitted to the Secretary 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 Secretary shall consider each case on its merits, but shall
make a finding of ineffective counseling if an individual was
instructed by an official source before the convening of the board that
the officer's risk of discharge was reduced by the quality of the
officer's record or by an expected limitation on the number of
discharges from the officer's occupational skill category, branch,
corps, or other administrative grouping of officers.
(3) For purposes of this subsection, the term ``official source''
means any office or individual within a military department that could
reasonably be expected to provide information on an individual
personnel record or personnel policy.
(d) Remedy.--Upon a finding of ineffective counseling under
subsection (c), the Secretary shall provide the officer the opportunity
to participate, at the officer's option, in any one of the following
programs:
(1) The Special Separation Benefits Programs under section
1174a of title 10, United States Code.
(2) The Voluntary Separation Incentive program under
section 1175 of such title.
(3) The Temporary Early Retirement Authority as authorized
by section 4403 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484, October 23, 1992).
The officer must meet all eligibility criteria for the program
selected.
(e) Effective Date.--This section shall apply with respect to
officers separated after September 30, 1990.
Subtitle B--Reserve Components
SEC. 511. EXPANSION OF SELECTED RESERVE CALL-UP PERIOD FROM 90 DAYS TO
180 DAYS.
Section 673b of title 10, United States Code, is amended--
(1) by striking out ``90 days'' in subsection (a) and
inserting in lieu thereof ``180 days''; and
(2) by striking out ``90 additional days'' in subsection
(i) and inserting in lieu thereof ``180 additional days''.
SEC. 512. NUMBER OF FULL-TIME RESERVE PERSONNEL WHO MAY BE ASSIGNED TO
ROTC DUTY.
Section 690 of title 10, United States Code, is amended by striking
out ``may not exceed 200'' and inserting in lieu thereof ``may not
exceed 275''.
SEC. 513. REPEAL OF MANDATED REDUCTION IN ARMY 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
PROGRAMS.
(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 ``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) If the date of the enactment of this Act is after September 30,
1993, the Secretary of the Army or the Secretary of the Air Force, as
appropriate, shall provide, in the case of a Reserve officer appointed
to a higher grade on or after the date of the enactment of this Act
under an appointment described in paragraph (3), that the date 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. CADRE DIVISIONS.
(a) Requirement To Establish.--The Secretary of the Army shall, not
later than September 30, 1995, establish one or more active cadre
divisions of the Army as reserve component training divisions. Each
such active cadre division 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 reserve component (Army National Guard and Army Reserve) combat
units into active Army corps, divisions, brigades, and battalions after
mobilization. The roundout approach is the method of bringing an
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. REVISION OF CERTAIN DEADLINES UNDER ARMY GUARD COMBAT REFORM
INITIATIVE.
(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
``October 1, 1993''.
SEC. 519. ANNUAL REPORT ON IMPLEMENTATION OF ARMY NATIONAL GUARD REFORM
INITIATIVE.
(a) In General.--Chapter 307 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3083. Army National Guard Reform Initiative: 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 et seq.) (hereinafter in this
section referred to as `ANGCRRA').
``(b) Matters To Be Included in Report.--Each presentation under
subsection (a) shall include, with respect to the period covered by the
report, the following 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 and
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 and
the reason for each waiver.
``(5) The number of officers who are graduates of the
Reserve Officers' Training Corps program and who are performing
their minimum period of 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 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 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 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 granted by the Secretary
during the previous fiscal year under section 1115(c)(2) of
ANGCRRA, shown for each State, of the requirement in section
1115(c)(1) of ANGCRRA described in paragraph (9), and the
reason for each waiver.
``(11) The number of members, shown for each State, who
were screened during the preceding fiscal year to determine
whether they meet minimum 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 system as
required by section 1121 of ANGCRRA, including the personnel
readiness rating information and the equipment readiness
assessment information required by that section, together
with--
``(A) explanations of the information shown in the
table; and
``(B) based on the information shown in the tables,
the Secretary's overall assessment of the deployability
of units of the Army National Guard, including a
discussion of personnel 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 it in accordance
with section 1131(a) of ANGCRRA identification of each Army
National Guard unit, to be 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)(4) 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 an
presentation required by subsection (a) information under any paragraph
of subsection (b) shall take effect the year following the year in
which the provision of ANGCRRA to which that paragraph pertains has
taken effect. Before then, in the case of any such paragraph, the
Secretary shall include any information that may be available
concerning the topic covered by that paragraph.
``(d) Definition.--In this section, the term `State' includes the
District of Columbia, Puerto Rico, Guam, and the Virgin Islands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3083. Army National Guard Reform Initiative: annual report.''.
SEC. 520. FFRDC STUDY OF STATE AND FEDERAL MISSIONS OF THE NATIONAL
GUARD.
(a) Study Required.--The Secretary of Defense shall provide for a
study of the State and Federal missions of the National Guard to be
carried out by a federally funded research and development center. The
study shall consider both the separate and integrated requirements
(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 1998 will be
adequate for the National Guard to fulfill both its State and
Federal missions.
(2) Whether the system of assigning Federal missions to
State Guard units could be altered to optimize the Federal as
well as the State capabilities of the National Guard.
(3) Whether alternative arrangements, such as cooperative
development of National Guard 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. 521. 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. 522. TRANSITION BENEFITS FOR COAST GUARD RESERVE.
(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 C--Warrant Officers
SEC. 531. AUTHORIZATION FOR INVOLUNTARY SEPARATION OF CERTAIN REGULAR
WARRANT OFFICERS.
(a) In General.--Chapter 33A of title 10, United States Code, is
amended by inserting after section 580 the following new section:
``Sec. 580a. Enhanced authority for selective early discharges
``(a) The Secretary of Defense may authorize the Secretary of a
military department, during the two-year period beginning on October 1,
1993, to take the action set forth in subsection (b) with respect to
regular warrant officers of an armed force under the jurisdiction of
that Secretary.
``(b) The Secretary of a military department may, with respect to
regular warrant officers of an armed force, when authorized to do so
under subsection (a), convene 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 the authority of subsection (b)
and whose discharge is approved by the Secretary concerned shall be
discharged on a date specified by the Secretary concerned.
``(5) Selection of warrant officers for discharge under this
subsection shall be based on the needs of the service.
``(d) The discharge of any warrant officer pursuant to this section
shall be considered involuntary for purposes of any other provision of
law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33A is amended by inserting after the item relating to section
580 the following new item:
``580a. Enhanced authority for selective early discharges.''.
SEC. 532. DETERMINATION OF SERVICE FOR WARRANT 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.
Subtitle D--Women in the Service
SEC. 541. REPEAL OF THE STATUTORY RESTRICTION ON THE ASSIGNMENT OF
WOMEN IN THE NAVY AND MARINE CORPS.
(a) In General.--Section 6015 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 555 of this title is amended by striking out the item relating
to section 6015.
SEC. 542. GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STANDARDS.
(a) General Requirement.--In the case of any military occupational
career field that is open to both male and female members of the Armed
Forces, the Secretary of Defense--
(1) shall ensure that qualification of members of the Armed
Forces for, and continuance of 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) Requirement for Use of Specific Physical Requirements.--For any
military occupational field that is open to both male and female
members of the Armed Forces for which (as determined by the Secretary
of Defense) muscular strength and endurance and cardiovascular capacity
are relevant to the performance of duties in that field, the Secretary
shall prescribe specific physical requirements for members of the Armed
Forces in that field and shall apply those physical requirements on a
gender-neutral basis.
(c) Notice to Congress of Changes.--At least 60 days before
implementing any changes to occupational standards for a military
occupational field which are 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.
SEC. 543. NOTICE TO CONGRESS OF CHANGES TO GROUND COMBAT EXCLUSION
POLICY.
(a) Requirement.--(1) If the Secretary of Defense proposes to make
any change described in paragraph (2) to the ground combat exclusion
policy, the Secretary shall, not less than 90 days before any such
change is 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.
(b) Report Contents.--The Secretary shall include in any report
under subsection (a)--
(1) a detailed description of, and justification for, the
proposed change to the ground combat exclusion policy; and
(2) a detailed analysis of legal implication of the
proposed change with respect to the constitutionality of the
application of the Military Selective Service Act to males
only.
(c) Ground Combat Exclusion Policy.--For purposes of this section,
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.
Subtitle E--Victims' Rights and Family Advocacy
SEC. 551. MANDATORY ARRESTS BY MILITARY LAW ENFORCEMENT OFFICIALS WHEN
CALLED TO SCENES OF DOMESTIC VIOLENCE.
(a) In General.--Section 807 of title 10, United States Code
(article 7 of the Uniform Code of Military Justice), is amended by
adding at the end the following new subsection:
``(d)(1) In a case of domestic violence in which a military law
enforcement official at the scene determines that physical injury has
been inflicted or a deadly weapon or dangerous instrument has been
used, the military law enforcement official, upon reasonable belief
that an offense has been committed by a person at the scene, shall
apprehend that person, if the person is subject to this chapter, or
detain that person and remove that person from the scene, if that
person is not subject to this chapter.
``(2) The Secretary of Defense shall prescribe by regulation the
definition of `domestic violence' for purposes of this subsection.
``(3) In this subsection, 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.''.
(b) Deadline for Prescribing Procedures.--The Secretary of Defense
shall prescribe procedures to carry out section 807(d) of title 10,
United States Code, as added by subsection (a), not later than six
months after the date of the enactment of this Act.
SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF VICTIMS AND WITNESSES
OF STATUS OF PRISONERS IN MILITARY CORRECTIONAL
FACILITIES.
(a) In General.--(1) Chapter 48 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 957. Status of prisoners: procedures for notifying victims and
witnesses
``The Secretary of Defense shall prescribe procedures and implement
a centralized system for notice of the status of offenders confined in
military correctional facilities to be provided to victims and
witnesses. Such procedures shall, to the maximum extent practicable, be
consistent with procedures of the Federal Bureau of Prisons for victim
and witness notification.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``957. Status of prisoners: procedures for notifying victims and
witnesses.''.
(b) Deadline for Prescribing Procedures.--The Secretary of Defense
shall prescribe the procedures required by section 957 of title 10,
United States Code, as added by subsection (a), not later than six
months after the date of the enactment of this Act and shall implement
the centralized system required by that section not later than six
months after those procedures are prescribed.
SEC. 553. STUDY OF STALKING BY PERSONS SUBJECT TO UCMJ.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed 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 with the intent of
placing that person in reasonable fear of sexual battery, bodily
injury, or death in such a way that a reasonable person would be caused
to suffer substantial emotional distress and which cause that person to
suffer emotional distress.
SEC. 554. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE
ARMED FORCES DISCHARGED FOR DEPENDENT ABUSE.
(a) In General.--(1) Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1058. Abused dependents: payment of transitional compensation
``(a) Authority To Pay Compensation.--If a member of the armed
forces is separated from the armed forces as described in subsection
(b), the Secretary of the military department concerned may pay monthly
transitional compensation in accordance with this section to dependents
or former dependents of the member as specified in subsection (d).
``(b) Separations Covered.--(1) This section applies in the case of
a member of the armed forces on active duty for a period of more than
30 days--
``(A) who is convicted of a dependent-abuse offense (as
defined in subsection (c)) and whose conviction results in the
member being--
``(i) administratively discharged with a general
discharge or under other than honorable conditions; or
``(ii) discharged or dismissed from the armed
forces by sentence of a court-martial; or
``(B) against whom court-martial charges were preferred for
a dependent-abuse offense and who is discharged in lieu of
trial by court-martial in that case upon approval of the
member's request or application for discharge or, in the case
of an officer, for resignation.
``(2) For purposes of this section, a member of the armed forces
who is incarcerated by sentence of a court-martial with total
forfeiture of pay and allowances shall be treated as a former member
dismissed or discharged by sentence of a court-martial.
``(c) Dependent-Abuse Offenses.--(1) For 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--
``(A) that involves abuse of the spouse or a dependent
child of the member; and
``(B) that is a criminal offense specified in regulations
prescribed by the Secretary of Defense under paragraph (2).
``(2) The Secretary of Defense shall prescribe by regulation the
criminal offenses, or categories of offenses, under the Uniform Code of
Military Justice (chapter 47 of this title), Federal criminal law, the
criminal laws of the States and other jurisdictions of the United
States, and the laws of other nations that are to be considered to be
dependent-abuse offenses for the purposes of this section.
``(d) Recipients of Payments.--In any case of a separation from
active duty as described in subsection (b) in which the Secretary of
the military department concerned determines that transitional
compensation should be paid under this section, 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)(1)(B), as of the date on which the member is discharged.
``(e) Commencement and Duration of Payment.--(1) Payment of
transitional compensation under this 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.
``(2) Payment of such compensation shall terminate at the end of
the dependents' transitional period. The dependents' transitional
period is the period (A) beginning on the date on which the member is
convicted of the dependent-abuse offense or, in a case described in
subsection (b)(1)(B), on the date on which the member is discharged,
and (B) ending at the end of the transitional period determined by the
Secretary concerned. Such transitional period may not exceed 36 months,
except that if the length of the member's service on active duty was
less than 36 months, the transitional period may not exceed the length
of such service.
``(f) Amount of Payment.--(1) Payment to a spouse or former spouse
under this section for any month shall be at the rate in effect for
that month for the 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) Forfeiture Provisions.--(1) If a former spouse receiving
compensation under this section remarries, 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 the separation of the former member as described in
subsection (b) the former member resides in the same household as the
spouse or former spouse, or dependent child, to whom compensation is
otherwise payable under this section, the Secretary shall terminate
payment of such compensation, effective as of the time the 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 the separation of the former member was a dependent child,
the Secretary concerned may not pay compensation under this section to
a spouse or former spouse who would otherwise be eligible to receive
such compensation if the Secretary determines (under regulations
prescribed under subsection (i)) that the spouse or former spouse was
an active participant in the conduct constituting the dependent-abuse
offense.
``(h) Coordination of Benefits.--The Secretary concerned may not
make payments to a spouse or former spouse under both this section and
section 1408(h)(1) of this title. In the case of a spouse or former
spouse for whom a court order provides for payments by the 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.
``(i) Regulations.--The Secretary of each military department shall
prescribe regulations to carry out this section with respect to members
of the armed forces under the jurisdiction of that Secretary. Such
regulations shall be as uniform as practicable and shall be subject to
the approval of the Secretary of Defense.
``(j) Dependent Child Defined.--In this section, the term
`dependent child', with respect to a member or former member of the
armed forces separated as described in subsection (b), means an
unmarried child, including an adopted child or a stepchild, who was
residing with the member at the time of the dependent-abuse offense
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 was at the time of
the former member's separation) dependent on the former member
for over one-half of the child's support; or
``(3) who is 18 years of age or older but less than 23
years of age, is enrolled in a full-time course of study in an
institution of higher learning approved by the Secretary of
Defense and who is (or was at the time of the former member's
separation) dependent on the former member for over one-half of
the child's support.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1056 the
following new item:
``1058. Abused dependents: payment of transitional compensation.''.
(b) Effective Date.--(1) Section 1058 of title 10, United States
Code, as added by subsection (a), shall apply with respect to former
members of the Armed Forces discharged or dismissed as described in
subsection (b) of such section after the date that is three years
before the date of the enactment of this Act.
(2) Notwithstanding paragraph (1), no payment may be made under
such section 1058 with respect to any period before April 1, 1994.
Subtitle F--Matters Relating to Military Justice
SEC. 561. IMPROVED RIGHT OF APPEAL IN COURT-MARTIAL CASES.
(a) Right of Accused To Petition for Review by Courts of Military
Review.--Section 869 of title 10, United States Code (article 69 of the
Uniform Code of Military Justice), is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) A Court of Military Review, upon petition of the accused
and for good cause shown, may review, under section 866 of this title
(article 66)--
``(A) any court-martial case which is subject to action by
the Judge Advocate General under this section (i) in which the
Judge Advocate General determines not to modify or set aside
the findings or sentence, in whole or in part, in accordance
with the application of the accused, and (ii) which is not sent
to the Court of Military Review by order of the Judge Advocate
General; and
``(B) any action taken by the Judge Advocate General under
this section in that case.
``(2) A petition by the accused under paragraph (1) must be filed
with the Court of Military Review within 60 days of the date on which
the accused is notified of the decision of the Judge Advocate
General.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any case reviewed by a Judge Advocate General
under section 869 of title 10, United States Code, in which an
application is filed under subsection (b) of that section after the
date of the enactment of this Act.
SEC. 562. CLARIFICATION OF PUNITIVE UCMJ ARTICLE 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.
Subtitle G--Other Matters
SEC. 571. 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. 572. 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 an official (who may be a member of the armed forces or
a civilian employee under the jurisdiction of the Secretary) to
investigate the facts of the case and hear evidence presented by the
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. The
report shall include the official's assessment as to whether the
individual behavior that resulted in the separation of the person who
may owe the debt qualifies as misconduct under subsection (a)(3), if
the justification for the debt to the Government includes an allegation
of misconduct.
``(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 of a military department may waive any
requirement for reimbursement under this section at the Secretary's
discretion.''.
(b) Effective Dates.--(1) Subsection (g) of section 2005 of title
10, United States Code, as added by subsection (a), shall apply with
respect to persons separated from the Armed Forces after the end of the
six-month period 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 September 30, 1993.
SEC. 573. RECOGNITION OF POWERS OF ATTORNEY NOTARIZED BY DEFENSE NOTARY
PUBLIC.
Section 1044a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) A power of attorney signed by a person authorized to receive
legal assistance under section 1044 of this title and notarized by a
person authorized to do so under this section shall be recognized as
lawful and given full effect by any person to whom it is presented,
notwithstanding any provision of law regulating the granting of a power
of attorney in any State, territory, or other jurisdiction of the
United States.''.
SEC. 574. 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:
``Sec. 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 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. 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 subsection (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 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.
(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, by active or reserve
component, and by career field).
(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
computation of such 180-day period.
(3) The test program shall terminate two years after it begins.
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.
(c) Uniformed Services Defined.--For purposes of this section, the
term ``uniformed services'' does not include the National Oceanic and
Atmospheric Administration.
SEC. 602. 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 unaccompanied quarters, unless
the member is in a pay grade above E-6;''.
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)(1).
``(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 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, United States Code, in the same manner as
monthly cadet pay or midshipman pay under subsection (c)(1).''.
(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. ADVANCE PAYMENTS IN CONNECTION WITH THE EVACUATION OF MEMBERS
AND DEPENDENTS OF MEMBERS FROM DESIGNATED PLACES.
(a) Time of Designation.--Section 1006(c) of title 37, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) The actual designation of a place under this subsection as a
place for which an advance of pay will be made under this subsection in
connection with the ordered evacuation of members or dependents of
members may be made by the President before, during, or after the
evacuation.''.
(b) Application of Amendment.--Section 1006(c) of title 37, United
States Code, as amended by subsection (a), shall apply with respect to
evacuations occurring on or after the date of the enactment of this
Act. Subject to the availability of appropriations for the purpose of
providing an advance of pay under such section, such section shall also
apply with respect to evacuations occurring during the period beginning
on June 1, 1991, and ending on the date of the enactment of this Act.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. PERMANENT AUTHORITY FOR CERTAIN 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 ``, during
the period beginning on November 29, 1989, and ending on September 30,
1993,''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a) of
title 37, United States Code, is amended by striking out ``, during the
period beginning on November 29, 1989, and ending on September 30,
1993,''.
(c) Special Pay for Nurse Anesthetists.--Section 302e(a) of title
37, United States Code, is amended by striking out ``, during the
period beginning on November 29, 1989, and ending on September 30,
1993,''.
(d) Effective Date.--The amendments made by this section shall take
effect as of October 1, 1993.
SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN SELECTED RESERVE
BONUSES.
(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''.
(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'' 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) 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''.
SEC. 613. EXTENSIONS OF AUTHORITIES RELATING TO PAYMENT OF OTHER
BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1993''
and inserting in lieu thereof ``September 30, 1994''.
(b) 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 ``September 30, 1995''.
(c) 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''.
(d) 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 ``September 30, 1995''.
(e) 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''.
(f) 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''.
(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''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. AUTHORIZATION OF PAYMENT OR COLLECTION DUE TO FLUCTUATIONS OF
FOREIGN CURRENCY INCURRED BY CERTAIN MILITARY MEMBERS.
(a) Payment or Collection Authorized.--Subsection (d) of section
405 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 incurred by the member in occupying a private household
outside of the United States if the expenses are authorized or approved
under regulations prescribed by the Secretary concerned. Such
nonrecurring expenses may include losses experienced by a member upon
the return of refundable housing related deposits or as a result of
other transactions necessary to secure housing where losses are
incurred solely as the result of fluctuation in the relative values of
United States and foreign currencies.
``(2) Any currency fluctuation gains made by the member upon the
return of a refundable housing-related deposit shall be recouped by the
Secretary concerned.
``(3) 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.--Section 405(d) of title 37, United
States Code, as amended by subsection (a), shall apply with respect to
nonrecurring expenses and currency fluctuation gains described in such
section that are incurred by members of the uniformed services on or
after the later of--
(1) October 1, 1993; and
(2) the date of the enactment of this Act.
Subtitle D--Other Matters
SEC. 631. DEFINITION OF DEPENDENT FOR PURPOSES OF ALLOWANCES TO INCLUDE
CERTAIN UNMARRIED PERSONS IN THE LEGAL CUSTODY OF A
MEMBER OR FORMER MEMBER.
(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 a Territory or
possession of the United States) for a period of at
least 12 consecutive months;
``(B)(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, as prescribed in regulations
of the Secretary concerned;
``(D) resides with the member unless separated by
the necessity of military service or to receive
institutional care as a result of disability,
incapacitation, or 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(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The restrictions in paragraph (3) shall not apply in the case
of officers and warrant officers on active duty or full-time National
Guard duty who are eligible to receive assistance under subsection
(a).''.
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:
``Sec. 1074d. Primary and preventive health-care services for women
``Female members and former members of the uniformed services who
are entitled to medical care under section 1074 or 1074a of this title
shall be furnished with primary and preventive health-care services for
women as part of such medical care.''.
(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.''.
(c) Definition.--Section 1072 of such title is amended by adding at
the end the following new paragraph:
``(6) The term `primary and preventive health-care services
for women' means health-care services provided to women,
including counseling, relating to the following:
``(A) Papanicolaou tests (pap smear).
``(B) Breast examinations and mammography.
``(C) Comprehensive gynecological and obstetric
care.
``(D) Infertility and sexually transmitted
diseases, including prevention.
``(E) Menopause.
``(F) Physical or psychological conditions arising
out of acts of sexual violence.''.
SEC. 702. DEFINITION OF DEPENDENT FOR PURPOSES OF MEDICAL AND DENTAL
COVERAGE TO INCLUDE CERTAIN UNMARRIED PERSONS IN THE
LEGAL CUSTODY OF A MEMBER OR FORMER MEMBER.
(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)(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, as prescribed in regulations of the
administering Secretary;
``(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, incapacitation,
or 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.
Subtitle B--Health Care Management
SEC. 711. EXTENSION AND REVISION OF SPECIALIZED TREATMENT SERVICES
PROGRAM.
(a) Extension of Waiver Authority Regarding 40-Mile Radius
Restriction.--Section 1079(a)(7)(B) of title 10, United States Code, is
amended by striking out ``October 1, 1993'' and inserting in lieu
thereof, ``October 1, 1995''.
(b) Inclusion of Facilities Pursuant to Contract or Agreement.--
Section 1105 of such title is amended--
(1) by inserting ``(a) Determination.--'' before ``In
determining'';
(2) by striking out ``within the area served by that
facility''; and
(3) by adding at the end the following new subsections:
``(b) Regulations.--The Secretary of Defense, after consulting with
the other administering Secretaries, shall prescribe regulations to
implement this section. Such regulations shall include standards for
the designation of service areas comparable in size to service areas
designated for facilities of the uniformed services pursuant to
sections 1079(a)(7), 1080, and 1086(e) of this title.
``(c) Reimbursement of Transportation and Subsistence Expenses.--
(1) Subject to paragraph (2), the regulations required by subsection
(b) also may provide for the full or partial reimbursement of
reasonable expenses for--
``(A) the long-distance transportation for a covered
beneficiary to or from a health care facility at which
specialized health care services are provided pursuant to this
chapter; and
``(B) the long-distance transportation, temporary lodging,
and meals (not to exceed the applicable per diem rate) for a
non-medical attendant (including a member of the uniformed
services on active duty) who accompanies the covered
beneficiary.
``(2) Reimbursement of expenses may be made under paragraph (1)
only if the Secretary of Defense determines that such reimbursement
will permit the health care services to be provided at less total cost
to the Department of Defense than if the services were otherwise
provided pursuant to this chapter. In lieu of reimbursement for such
expenses, the Secretary may authorize the provision of transportation,
meals, and lodging by the Department of Defense when reasonably
available.''.
SEC. 712. 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 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--
``(A) adopt by regulation any quality and utilization
review requirements and procedures in effect for the Peer
Review Organization program under title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.) that the Secretary
determines to be necessary to carry out this subsection; and
``(B) adapt such requirements and procedures to the
circumstances of the CHAMPUS Peer Review Organization program
as the Secretary determines to be appropriate.''.
SEC. 713. 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:
``Sec. 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 and 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) preemption of the State or local law or regulation is
necessary to implement or operate the contract or to achieve
some 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 entered into pursuant to this chapter 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. 714. DELAY OF TERMINATION EFFECTIVE DATE FOR UNIFORMED SERVICES
TREATMENT FACILITIES.
Subsection (e) of section 1252 of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d) is amended by striking out
``1993'' and inserting in lieu thereof ``1995''.
SEC. 715. 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 by striking out the first sentence and inserting in
lieu thereof the following:
``(1) Time for operation.--Not later than October 1, 1993,
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 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 Uniformed Services Treatment
Facilities Managed-Care Plan may impose nominal 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) 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. 716. 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 (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. 717. 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:
``Sec. 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 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 such 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
such subsection.''.
(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 salaries, by medical specialty, offered by the
Secretary to individuals agreeing to enter into a personal
services contract under such section during that period;
(2) the extent to which those salaries exceed the salaries
previously offered 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. 718. EXPANSION OF THE PROGRAM FOR THE COLLECTION OF HEALTH CARE
COSTS FROM THIRD-PARTY PAYERS.
(a) Collection Changes.--Section 1095 of title 10, United States
Code, is amended--
(1) in subsection (g)--
(A) 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
(B) by inserting before the period the following:
``and shall not be taken into consideration in
establishing the operating budget of the facility'';
and
(2) in subsection (h)(2), by inserting after ``includes''
the following: ``a preferred provider organization and''.
(b) Report on Collections.--Not later than February 15 of each
year, the Secretary of Defense shall submit to Congress a report
specifying for each medical treatment facility of the uniformed
services--
(1) the amount collected during the preceding fiscal year
under section 1095 of title 10, United States Code, from third-
party payers for the costs of health care provided at the
facility; and
(2) the amount requested for operation and maintenance of
the facility for the preceding fiscal year, the fiscal year in
which the report is submitted, and the next fiscal year.
SEC. 719. 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 ``DRGs'' in the subsection heading
and inserting in lieu thereof ``Capitation or DRG
Method'';
(B) by inserting ``capitation or'' before
``diagnosis-related groups'';
(2) in subsection (b), by striking ``Diagnosis-related
groups'' and inserting in lieu thereof ``Capitation or
diagnosis-related groups''; and
(3) in subsection (c)--
(A) by striking ``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:
``Sec. 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. 720. USE OF HEALTH MAINTENANCE ORGANIZATION MODEL AS OPTION FOR
MILITARY HEALTH CARE.
(a) Use of Model.--Not later than December 15, 1993, 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
practicable, the health benefit option required under this subsection
as one of the options available to covered beneficiaries in all future
managed health care initiatives undertaken by the Secretary.
(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 the option, except
that the Secretary may prescribe higher out-of-pocket costs than
authorized under section 1079 or 1086 of title 10, United States Code,
for enrollees who do so.
(c) Government Costs.--The health benefit option required under
subsection (a) shall be administered so that the costs incurred by the
Secretary to provide 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.
SEC. 721. 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. 704), 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.--In 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.
Subtitle C--Other Matters
SEC. 731. AWARD OF CONSTRUCTIVE SERVICE CREDIT FOR ADVANCED HEALTH
PROFESSIONAL DEGREES.
(a) Credit on Original Appointment.--Section 533(b)(1) of title 10,
United States Code, is amended--
(1) in subparagraph (A)--
(A) by inserting ``professional'' in the first
sentence after ``One year for each year of advanced'';
(B) by striking out ``Except as provided in clause
(E), in'' at the beginning of the second sentence and
inserting in lieu thereof ``In''; and
(C) 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 as Reserve of the Army.--Section 3353(b)(1) of such
title is amended--
(1) in subparagraph (A)--
(A) by inserting ``professional'' in the first
sentence after ``One year for each year of advanced'';
(B) by striking out ``Except as provided in clause
(E), in '' at the beginning of the second sentence and
inserting in lieu thereof ``In''; and
(C) 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 in the Naval Reserve and Marine Corps Reserve.--Section
5600(b)(1) of such title is amended--
(1) in subparagraph (A)--
(A) by inserting ``professional'' in the first
sentence after ``One year for each year of advanced'';
(B) by striking out ``Except as provided in clause
(E), in'' at the beginning of the second sentence and
inserting in lieu thereof ``In''; and
(C) 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 as Reserve of the Air Force.--Section 8353(b)(1) of such
title is amended--
(1) in subparagraph (A)--
(A) by inserting ``professional'' in the first
sentence after ``One year for each year of advanced'';
(B) by striking out ``Except as provided in clause
(E), in'' at the beginning of the second sentence and
inserting in lieu thereof ``In''; and
(C) 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) Application of Amendments.--The amendments made by this section
shall apply with respect to determining the constructive service credit
of persons receiving an original appointment as commissioned officers
in regular components of the Armed Forces, an original appointment as
reserve commissioned officers, or an assignment or designation to
certain officer categories described in such sections whether such
appointment, assignment, or designation occurred before the date of the
enactment of this Act or occurs on or after such date.
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'' in the
first and fourth sentences and inserting in lieu thereof in
each instance ``Medical students'';
(3) in subsection (d), by striking out ``member'' in the
first sentence and inserting in lieu thereof ``commissioned
member''; and
(4) by adding at the end the following new subsection:
``(g) The Secretary of Defense shall establish selection
procedures, service obligations (if any), and such other requirements
as the Secretary determines to be appropriate for students in any
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. REPORT ON THE PROVISION OF HEALTH-CARE SERVICES TO WOMEN.
(a) Report Required.--The Secretary of Defense shall prepare a
report evaluating the provision of 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 medical personnel of the
Department of Defense who provided health-care services during
fiscal year 1993 to female members and covered beneficiaries,
including--
(A) the number of such personnel (including both
the number of individual employees and the number of
full-time employee equivalents);
(B) the professional qualifications or specialty
training of such personnel; and
(C) the medical facilities to which such personnel
were assigned.
(2) A description of any actions, including the use of
special pays and incentives, taken by the Secretary during
fiscal year 1993--
(A) to ensure the retention of the medical
personnel described in paragraph (1);
(B) to recruit additional personnel to provide
health-care services to female members and female
covered beneficiaries; and
(C) to replace departing personnel who provided
such services.
(3) A description of any existing or proposed programs to
encourage specialization of health care professionals in fields
related to primary and preventive health-care services for
women.
(4) An assessment of any difficulties experienced by
military medical treatment facilities or the Civilian Health
and Medical Program of the Uniformed Services in furnishing
primary and preventive health-care services for women and a
description of those actions taken by the Secretary to resolve
such difficulties.
(5) An assessment of the extent to which gender-related
factors impede or complicate diagnoses (such as inappropriate
psychiatric referrals and admissions) made by medical personnel
described in paragraph (1).
(6) A description of the actions taken by the Secretary to
foster and encourage the expansion of research relating to
health care issues of concern to female members of the
uniformed services and female covered beneficiaries.
(c) Population Study of the Need 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 needs of current members and
covered beneficiaries and future members and covered beneficiaries
based upon the anticipated size and composition of the Armed Forces in
the year 2000 and should be based on the demographics of society as a
whole.
(d) Submission and Revision.--The Secretary of Defense shall submit
the report required by subsection (a) to Congress not later than April
1, 1994. The Secretary shall revise and resubmit the report to Congress
not later than April 1, 1999.
(e) Definitions.--For purposes of this section:
(1) The term ``primary and preventive health care services
for women'' has the meaning given such term in paragraph (6) of
section 1072 of title 10, United States Code, as added by
section 701(c)).
(2) The term ``covered beneficiary'' has the meaning given
such term in paragraph (5) of such section.
SEC. 735. SENSE OF CONGRESS REGARDING THE INCLUSION OF CHIROPRACTIC
CARE AS A TYPE OF HEALTH CARE AUTHORIZED UNDER CHAMPUS.
(a) Findings.--Congress finds the following:
(1) Chiropractors are currently prohibited from receiving
reimbursement under the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS).
(2) Chiropractors offer cost-effective care that is desired
by covered beneficiaries under CHAMPUS.
(3) On March 1, 1992, the Department of Defense concluded a
two-year demonstration project to test the participation of
chiropractors under CHAMPUS.
(4) The demonstration project included over 1,100
chiropractors in the States of Colorado and Washington and
generated over 50,000 claims from 5,700 covered beneficiaries.
(5) A final report from the Department of Defense on the
demonstration project was expected in December 1992, but
analysis of data derived from the project was delayed due to
the late filing of claims.
(b) Sense of Congress.--In light of the findings in subsection (a),
it is the sense of Congress that the Secretary of Defense should--
(1) designate the analysis referred to in subsection (a)(5)
of the demonstration project to test the participation of
chiropractors under CHAMPUS as a priority matter to be
completed as expeditiously as possible, and not later than
October 1, 1993;
(2) submit that analysis, together with such conclusions as
the Secretary considers to be appropriate, to the congressional
defense committees at the earliest possible date, and not later
than October 1, 1993;
(3) provide Congress (including the General Accounting
Office or other designated representative of Congress) access
to all data resulting from the demonstration project; and
(4) proceed immediately with any preliminary staff work
(such as development of procedures and regulations) that may be
required to comply with the findings and recommendations
resulting from the analysis of the demonstration project.
SEC. 736. 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 Reports 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
military medical system 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.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
SEC. 801. DEFENSE PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.
(a) Availability of Authorized Appropriations.--Of the amounts
authorized to be appropriated in section 301(5) for Defense-wide
activities for fiscal year 1994, $12,000,000 shall be available for
such fiscal year for carrying out the provisions of chapter 142 of
title 10, United States Code.
(b) Specific Programs.--Of the amounts referred to in 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. 802. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) 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.
(b) Information on Progress in Providing Infrastructure Assistance
Required in Annual Report.--Effective October 1, 1993, 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.''.
Subtitle B--Provisions to Streamline Defense Acquisition Laws
SEC. 811. 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
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. 812. 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:
``Sec. 2538. Industrial mobilization: orders; priorities; possession of
manufacturing plants; violations
``(a) Orders.--In time of war or when war is imminent, the
President, through the head of any department, 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) Priorities.--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) Possession of Manufacturing Plants.--In time of war or when
war is imminent, the President, through the head of any department, 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) Manufacture of Products in Seized Plants.--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 and Rental.--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) Violations.--Whoever fails to comply with this section shall
be imprisoned for not more than three years and fined under title 18.
``Sec. 2539. Industrial mobilization: plants; lists
``(a) List of Plants Equipped to Manufacture Arms or Ammunition.--
The Secretary of Defense shall maintain a list of all privately owned
plants in the United States, and the territories, commonwealths, and
possessions, that are equipped to manufacture for the armed forces arms
or ammunition, or parts thereof, and shall 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 Capable of Being Transformed Into Ammunition
Factories.--The Secretary of Defense shall maintain a list of privately
owned plants in the United States, and the territories, commonwealths,
and possessions, 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 shall obtain
complete information as to the equipment of each of those plants.
``(c) Conversion Plans.--The Secretary of Defense shall prepare
comprehensive plans for converting each plant listed pursuant to
subsection (b) into a factory for the manufacture of ammunition or
parts thereof.
``Sec. 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) Chapter 148 of title 10, United
States Code, is further amended by adding at the end the following:
``Sec. 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 to be prescribed by the
Secretary of Defense and when determined to be in the interest of
national defense, may--
``(1) sell, lend, or give samples, drawings, and
manufacturing or other information (subject to the rights of
third parties) to any United States person or entity;
``(2) sell or lend government equipment or materials to any
United States person or entity--
``(A) for use in independent research and
development programs, if the equipment or material will
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 United States person or entity,
for appropriate fees, 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) Fees.--Fees for services made available under subsection
(a)(3) shall be established by regulations prescribed pursuant to
subsection (a). Such fees may not exceed the amount necessary to recoup
the direct costs involved, such as utilities, contractor support, and
salaries of personnel incurred by the United States to provide such
testing.
``(c) Confidentiality.--The results of tests performed pursuant to
subsection (a)(3) are confidential and may not be divulged outside the
government without the consent of the persons for whom the tests are
performed.
``(d) Use of Fees.-- Fees received for services made available
under subsection (a)(3) may be credited to the appropriations or funds
of the selling activity.''.
(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:
``Sec. 2373. Procurement for experimental purposes
``(a) Authority.--The Secretary of a military department may buy
ordnance, signal, and chemical activity supplies, including parts and
accessories, and designs thereof, that the Secretary concerned
considers necessary for experimental or test purposes in the
development of the best supplies that are needed for the national
defense.
``(b) Procedures.--Purchases under this section may be made inside
or outside the United States, with or without competitive bidding, 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:
``Sec. 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. 813. REPEAL AND AMENDMENT OF CERTAIN ACQUISITION LAWS APPLICABLE
TO THE ARMY AND AIR FORCE.
(a) Repeals.--The following provisions of subtitles B and D of
title 10, United States Code, are repealed:
(1) Sections 4503 and 9503 (relating to research and
development programs).
(2) Sections 4505 and 9505 (relating to procurement of
production equipment).
(3) Sections 4531 and 9531 (relating to procurement
authorization).
(4) Section 4533 (relating to Army rations).
(5) Sections 4534 and 9534 (relating to subsistence
supplies, contract stipulations, and place of delivery on
inspection).
(6) Sections 4535 and 9535 (relating to purchase of
exceptional subsistence supplies without advertising).
(7) Sections 4537 and 9537 (relating to assistance of U.S.
mapping agencies with military surveys and maps).
(8) Sections 4538 and 9538 (relating to exchange and
reclamation of unserviceable ammunition).
(b) Amendments.--(1) Section 2358(a) of title 10, United States
Code, is amended--
(A) in the first sentence, by striking out ``Subject to
approval by the President, the Secretary of Defense'' and
inserting in lieu thereof ``The Secretary of Defense and the
Secretaries of the military departments'';
(B) in the first sentence, by inserting after ``other
military'' the following: ``or department''; and
(C) in the second sentence, by striking out ``Subject to
approval by the President, the Secretary'' and inserting in
lieu thereof ``The Secretary concerned''.
(2) Section 2358(b) of such title is amended--
(A) by inserting after ``Secretary of Defense'' the
following: ``or the Secretary of the military department
concerned''; and
(B) by inserting after ``relationship to a military'' the
following: ``or department''.
SEC. 814. 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 guided missiles, research and
development, procurement, and construction).
(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:
``Sec. 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.
``Sec. 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.
``Sec. 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 calendar days of continuous session of Congress
have expired after the 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.
``Sec. 7306a. Vessels stricken from Naval Vessel Register: use for
experimental purposes
``(a) 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.
``Sec. 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 was transmitted
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.
``Sec. 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.
``Sec. 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).
``Sec. 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. 815. ADDITIONAL AUTHORITY TO CONTRACT FOR FUEL STORAGE AND
MANAGEMENT.
(a) Additional Authority.--Section 2388 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking out ``The'' and inserting ``The
Secretary of Defense or the''; and
(B) by striking out ``the storage, handling, and
distribution of liquid fuels'' and inserting in lieu
thereof the following: ``storage facilities for, or the
storage, handling, or distribution of, liquid fuels or
natural gas. Any such contract may be entered into'';
(2) by striking out subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Section Heading Amendment.--The heading of section 2388 of such
title is amended to read as follows:
``Sec. 2388. Liquid fuels and natural gas: contracts for storage,
handling, or distribution''.
SEC. 816. ADDITIONAL AUTHORITY RELATING TO THE ACQUISITION OF
PETROLEUM.
Section 2404 of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) by inserting ``or petroleum-related services''
after ``petroleum'' the first place it appears; and
(B) by striking out ``petroleum derivatives'' and
inserting in lieu thereof ``petroleum-related
services'';
(2) in subsection (d)--
(A) by striking out ``and products'' and inserting
in lieu thereof ``products''; and
(B) by striking out the period at the end and
inserting in lieu thereof ``, and natural gas.''; and
(3) by adding at the end the following new subsection:
``(e) The Secretary of Defense may sell petroleum that is in
inventory if the Secretary determines that the sale would be in the
public interest. Amounts received from such a sale shall be credited to
appropriations available for the acquisition of petroleum. Amounts so
credited shall be available for obligation for the same period as the
appropriations to which the amounts are credited.''.
SEC. 817. SIMPLIFIED ACQUISITION THRESHOLD.
(a) Simplified Acquisition Threshold.--Section 2302 of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(8) The term `simplified acquisition threshold' means
$100,000, adjusted on October 1 of each year divisible by 5 to
the amount equal to $100,000 in constant fiscal year 1990
dollars (rounded to the nearest $1,000).''.
(b) Conforming Amendments.--(1) Title 10, United States Code, is
amended by striking out ``small purchase threshold'' each place it
appears other than sections 2410i(b)(1), 2304(g)(2), and 2304(g)(3) and
inserting in lieu thereof ``simplified acquisition threshold''.
(2) Section 2304(g)(1) is amended by adding at the end the
following: ``Any such simplified procedures shall maintain the notice
requirements under section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and subsections (e), (f), and (g) of section
8 of the Small Business Act (15 U.S.C. 637) for any purchase or
contract for an amount in excess of the small purchase threshold, as
that term is used in those Acts.''.
(3) Section 2384(b) of title 10, United States Code, is amended--
(A) in paragraph (1), by inserting ``or in paragraph (3)''
after ``in paragraph (2)''; and
(B) by adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a contract in an amount equal
to or less than the simplified acquisition threshold (as defined in
section 2302(7) of this title).''.
(4) Section 2397c(a)(1) of title 10, United States Code, is amended
by striking out ``in excess of $100,000'' and inserting in lieu thereof
``in an amount in excess of the simplified acquisition threshold (as
defined in section 2302(7) of this title)''.
(5) Section 2408(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) In this subsection, the term `defense contract' means a
contract in an amount in excess of the simplified acquisition threshold
(as defined in section 2302(7) of this title).''.
SEC. 818. PROCUREMENT OF COMMERCIAL AND NONDEVELOPMENTAL ITEMS.
(a) Policy.--Section 2301(a) of title 10, United States Code, is
amended--
(1) by striking out ``and'' at the end of paragraph (6);
(2) by striking out the period at the end of paragraph (7)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new paragraphs:
``(8) to the maximum extent practicable, and consistent
with the objectives set forth in section 2501(c) of this title,
the Department of Defense shall acquire commercial items to
meet its needs and shall require prime contractors and
subcontractors, at all levels, which furnish other than
commercial items, to incorporate to the maximum extent
practicable commercial items as components of items being
supplied to the Department; and
``(9) when commercial items and components are not
available, practicable, or cost effective, the Department shall
acquire, and shall require prime contractors and subcontractors
to incorporate, other nondevelopmental items and components to
the maximum extent practicable.''.
(b) Commercial Item Defined.--Section 2302 of title 10, United
States Code, as amended by section 817, is further amended by adding at
the end the following new paragraph:
``(8) The term `commercial item' means any item regularly
used in the course of normal business operations for other than
Government purposes that--
``(A) has been sold, leased, or licensed to the
general public;
``(B) has been offered for sale, lease, or license
to the general public;
``(C) is not yet available in the commercial
marketplace, but will be available in time to satisfy
the delivery requirements under a Government
solicitation; or
``(D) is an item that, but for minor modifications
made to meet Government requirements, would satisfy the
criteria set forth in subparagraph (A), (B), or (C).''.
(c) Cost or Pricing Data.--Section 2306a(b) of title 10, United
States Code, is amended--
(1) by redesignating subparagraphs (A), (B), and (C) of
paragraph (1) as clauses (i), (ii), and (iii), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``(1)'' before ``This section need not'';
and
(4) by adding at the end the following:
``(2) This section does not apply to a contract or subcontract for
commercial items unless the head of the agency determines that cost or
pricing data are necessary for the evaluation by the agency of the
reasonableness of the price of the contract or subcontract. In any case
in which the head of the agency requires such data to be submitted
under this section, the head of the agency shall document in writing
the reasons for such requirement.''.
(d) Procurement Planning.--(1) Subsection (a) of section 2325 of
title 10, United States Code, is amended by inserting ``commercial or''
before ``nondevelopmental items'' each place it appears in paragraphs
(2), (3), and (4).
(2) The heading of section 2325 of such title is amended to read as
follows:
``Sec. 2325. Preference for commercial and nondevelopmental items''.
(3) The table of sections at the beginning of chapter 137 of such
title is amended by striking out the item relating to section 2325 and
inserting in lieu thereof the following:
``2325. Preference for commercial and nondevelopmental items.''.
(e) Procurement of Commercial Items.--(1) Chapter 137 of title 10,
United States Code, is amended by inserting after section 2325 the
following new section:
``Sec. 2325a. Procurement of commercial items
``(a) Regulations; Uniform Terms and Conditions.--(1) The Secretary
of Defense shall prescribe regulations implementing this section and
paragraphs (8) and (9) of section 2301(a) of this title. The
regulations shall contain a set or sets of uniform terms and conditions
to be included in contracts for the acquisition of commercial end
items. Such uniform terms and conditions shall be modeled to the
maximum extent practicable on commercial terms and conditions and shall
include only those contract clauses, including clauses requiring terms
and conditions to be flowed down to subcontractors, that are--
``(A) required to implement provisions of law applicable to
commercial item acquisitions;
``(B) essential for the protection of the Federal
Government's interest in an acquisition; or
``(C) determined by the Secretary to be consistent with
standard commercial practice.
``(2) The regulations prescribed under paragraph (1) shall provide
that prime contractors and subcontractors furnishing other than
commercial items as end items or components may not require suppliers
furnishing commercial items as components to comply with any clause,
term, or condition except those--
``(A) required to implement provisions of law applicable to
subcontractors furnishing commercial items;
``(B) essential for the protection of the prime contractor
or higher tier subcontractor in a particular acquisition; or
``(C) determined to be consistent with standard commercial
practice.
``(b) Definitions.--In this section:
``(1) The term `component' means any item supplied to the
Government as part of an end item or of another component.
``(2) The term `nondevelopmental item' has the meaning
given that term in section 2325 of this title.
``(c) Exemptions From Present Law.--Procurements of commercial
items shall not be subject to the following provisions of this title:
``(1) Section 2324.
``(2) Section 2384.
``(3) Section 2393.
``(4) Section 2397.
``(5) Section 2397a.
``(6) Section 2397b.
``(7) Section 2397c.
``(8) Section 2402.
``(9) Section 2406.
``(10) Section 2408.
``(d) Set-Asides Preserved.--Nothing in this section shall prevent
the Secretary of Defense from restricting the award of prime contracts
for commercial items to any source as may from time to time be
prescribed or permitted by law.
``(e) Restriction to Firm, Fixed Price Contracts.--Except where
commercial items are to be provided as a portion of a contract that
also provides for the delivery of other than commercial items, only
firm, fixed price contracts or fixed price contracts with economic
price adjustment provisions shall be used to acquire commercial end
items under this section.''.
(2) The table of sections at the beginning of chapter 137 of such
title is amended by inserting after the item relating to section 2325
the following new item:
``2325a. Procurement of commercial items.''.
SEC. 819. TECHNICAL AND CLERICAL AMENDMENTS.
(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: sections 2384a and 2389.
(4) Chapter 144: sections 2436 and 2437.
(5) Chapter 433: sections 4531, 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 table 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 table 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 table 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 subchapter I
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 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.''.
(5) Chapter 431 of such title is amended by striking out
the chapter heading and the table of sections.
(6) 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.''.
(7)(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
(iv) by amending the chapter heading to read as
follows:
``CHAPTER 931--CIVIL RESERVE AIR FLEET''.
(B) The table of chapters at the beginning of subtitle D,
and part IV of subtitle D, of such title are amended by
striking out the items 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 C--Other Matters
SEC. 821. REPORTS ON CONTRACT BUNDLING.
(a) Reports.--Not later than April 1, 1994, the Secretary of
Defense and the Comptroller General shall each submit to the Committees
on Armed Services and on Small Business of the Senate and House of
Representatives a report on the effects of contract bundling on the
participation by small business concerns and small disadvantaged
business concerns in procurement by the Department of Defense. The
report shall contain the findings and conclusions of the Secretary or
the Comptroller General, as the case may be, regarding such effects,
based on the data collected under subsection (b). The report also shall
contain such recommendations for administrative or legislative action
as the Secretary or Comptroller General considers appropriate to
maintain and increase participation by small business concerns and
small disadvantaged business concerns in procurement by the Department
of Defense.
(b) Data Collection.--For purposes of carrying out the report
requirement of subsection (a), the Secretary of Defense shall collect
data on the effect of contract bundling on the participation by small
business concerns and small disadvantaged business concerns in
procurement by the Department of Defense. At a minimum, the Secretary
shall collect data on the following:
(1) The number and types of bundled contracts awarded
during fiscal years 1992 and 1993 and expected to be awarded
during fiscal year 1994, together with the reasons for the
bundling of such contracts.
(2) The cost effectiveness of bundling such contracts
compared to awarding the contracts in separate, smaller
contracts.
(3) The number of smaller contracts that would have been
awarded if such contracts were not bundled, and the types of
contractors (such as small business concerns and small
disadvantaged business concerns) that could have been expected
to perform the smaller contracts.
(4) The extent to which small businesses and small
disadvantaged businesses participate as subcontractors on
bundled contracts.
(c) Transmission of Data to Comptroller General.--Not later than
February 1, 1994, the Secretary of Defense shall transmit to the
Comptroller General a copy of the data collected under subsection (b)
for use by the Comptroller General in carrying out the report
requirement of subsection (a).
(d) Definition.--For purposes of this section, the term ``contract
bundling'' means the consolidation of two or more requirements,
descriptions, specifications, line items, or statements of work that
individually were or could be performed by a small business concern,
resulting in a contract opportunity for supplies, services, or
construction that may 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 paragraphs (1), (2), and (3).
SEC. 822. PROHIBITION ON COMPETITION BETWEEN DEPOT MAINTENANCE
ACTIVITIES 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:
``Sec. 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. 823. CLARIFICATION OF REQUIREMENT FOR DOMESTIC MANUFACTURE OF
PROPELLERS FOR SHIPS FUNDED UNDER THE FAST SEALIFT
PROGRAM.
Section 1424(b) of Public Law 101-510 (10 U.S.C. 7291 note) is
amended--
(1) in paragraph (6), by striking out ``paragraph (5)'' and
inserting in lieu thereof ``paragraph (6)'';
(2) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(3) by adding after paragraph (4) the following new
paragraph (5):
``(5) The propellers for vessels constructed under the
program shall incorporate only castings poured and finished in
the United States and forgings manufactured in the United
States. The Secretary of Defense may waive the requirement of
this paragraph if adhering to the requirement would result in
the existence of only one United States source for such
castings and forgings.''.
SEC. 824. PILOT PROGRAM TO IMPROVE PRICING POLICIES FOR USE OF MAJOR
RANGE AND TEST FACILITY INSTALLATIONS OF THE AIR FORCE.
(a) Pilot Program to Establish Competitive Prices.--(1) Chapter 949
of title 10, United States Code, is amended by inserting after section
9781 the following new section:
``Sec. 9782. Use of test and evaluation installations by commercial
entities
``(a) Contract Authority.--The Secretary of the Air Force, in
consultation with 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
under the jurisdiction of the Secretary.
``(b) Termination or Limitation of Contract Under Certain
Circumstances.--A contract entered into under subsection (a) shall
contain a provision that the installation commander 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 installation commander 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.--The installation commander shall require a
commercial entity using a Major Range and Test Facility Installation
under a contract entered into under subsection (a) to reimburse the
installation for all direct costs associated with the test and
evaluation activities conducted by the commercial entity under the
contract. In addition, the contract may require the commercial entity
to reimburse the installation for such indirect costs related to the
use of the installation as the installation commander considers to be
appropriate and competitive.
``(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 the Air Force,
in consultation with the Secretary of Defense, shall prescribe
regulations to carry out this section. The authority of installation
commanders under subsections (b) and (c) shall be subject to the
authority, direction, and control of the Secretary of the Air Force.
``(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 Secretary of the Air Force and designated as such 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 the test or evaluation activities or
maintained for a particular commercial entity; and
``(B) construction specifically performed for the
commercial entity to conduct test and evaluation
activities.
``(3) The term `installation commander' means the commander
of a Major Range and Test Facility Installation.
``(g) Termination of Authority.--The authority provided to the
Secretary of the Air Force by subsection (a) shall terminate on
September 30, 1998.
``(h) Report.--Not later than January 1, 1999, the Secretary of the
Air Force shall submit a report to the Secretary of Defense and
Congress describing the number and purposes of contracts entered into
under subsection (a) and evaluating the success of this section in
opening 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
9781 the following new item:
``9782. Use of test and evaluation installations by commercial
entities.''.
SEC. 825. COMPLIANCE WITH BUY AMERICAN ACT.
No funds authorized pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 826. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized under this Act, it
is the sense of the Congress that entities receiving such assistance
should, in expending the assistance, purchase only American-made
equipment and products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of Defense shall provide to
each recipient of the assistance a notice describing the statement made
in subsection (a) by the Congress.
SEC. 827. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a fraudulent label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States, that was not made in
the United States, such person shall be ineligible to receive any
contract or subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in section 9.400 through 9.409 of title 48, Code of Federal
Regulations.
SEC. 828. RECIPROCITY.
(a) General Rule.--Except as provided in subsection (b), no
contract or subcontract may be made with funds authorized under this
Act to a company organized under the laws of a foreign country unless
the Administrator finds that such country affords comparable
opportunities to companies organized under the laws of the United
States.
(b) Exception.--(1) The Administrator may waive the rule stated
under subsection (a) if the products or services required are not
reasonably available from companies organized under the laws of the
United States. Any such waiver shall be reported to the Congress.
(2) Subsection (a) shall not apply to the extent that to do so
would violate the General Agreement on Tariffs and Trade or any other
international agreement to which the United States is a party.
SEC. 829. CLARIFICATION OF EXCLUSION OF MILITARY ARCHITECTURAL AND
ENGINEERING CONTRACTS UNDER SMALL BUSINESS
COMPETITIVENESS DEMONSTRATION PROGRAM.
(a) Clarification of Exclusion.--Section 717(d) of the Small
Business Competitiveness Demonstration Program Act of 1988 (title VII
of Public Law 100-656) is amended by striking out ``and such contract
was'' and inserting in lieu thereof ``but only if such contracts
were''.
(b) Clarification of Applicability of Freeze on Numerical Size
Standard.--Section 732 of such Act (15 U.S.C. 632 note) is amended by
adding at the end the following: ``As provided in section 717(d), the
preceding sentence does not apply to architectural and engineering
services assigned to standard industrial classification code 8711 and
performed under contracts awarded under the qualification-based
selection procedures required by title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)''.
(c) Requirement To Lift Freeze on Numerical Size Standard for
Military Architectural and Engineering Services Contracts.--Not later
than 60 days after the date of the enactment of this Act, the
Administrator of the Small Business Administration shall remove any
numerical size standard pertaining to contract awards assigned to
standard industrial classification code 8711 that are made by the
Department of Defense, in conformance with section 732 of the Small
Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
632 note), as amended by subsection (b).
SEC. 830. AUTHORITY TO DISPOSE OF EQUIPMENT WHOSE OPERATION AND SUPPORT
COSTS EXCEED COSTS OF PROCURING REPLACEMENT EQUIPMENT.
(a) Authority.--(1) Chapter 433 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4543. Disposal of property: authority to dispose of certain
equipment
``(a) Authority.--The Secretary of the Army may dispose of
equipment that--
``(1) at the discretion of the Secretary, is needed, but
whose continued operation and support costs exceed costs of
procuring approved replacement equipment; or
``(2) is a major end item and still has commercial utility,
such as trucks, trailers, and communications equipment.
``(b) Readiness Requirements.--In disposing of equipment under this
section, the Secretary shall not compromise the readiness requirements
of the Army.
``(c) Sense of Congress Regarding Procurement of Replacement
Equipment.--It is the sense of Congress that the Secretary of the Army
should make every effort to increase the procurement of equipment of
the type needed to replace the equipment disposed of under the
authority provided by this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4543. Disposal of property: authority to dispose of certain
equipment.''.
SEC. 831. REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH TERRORIST
COUNTRIES.
(a) Report Requirement.--Whenever the Secretary of Defense proposes
to enter into a contract with any person for an amount in excess of
$500,000 for the provision of goods or services to the Department of
Defense, the Secretary shall require that person--
(1) before entering into the contract, to report to the
Secretary each commercial transaction which that person has
conducted with any terrorist country during the preceding three
years; and
(2) to report to the Secretary each commercial transaction
which that person conducts during the course of the contract
(but not after the date specified in subsection (f)) with any
terrorist country.
The requirement contained in paragraph (2) shall be included in the
contract with the Department of Defense.
(b) Regulations.--The Secretary of Defense shall issue 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 a report setting forth those persons
conducting commercial transactions with terrorist countries as 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.
(d) 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.
(e) Effective Date.--This section shall apply with respect to
contracts entered into after the end of the 60-day period beginning on
the date of the enactment of this Act.
(f) Termination.--This section expires on September 30, 1996.
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. 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:
``Sec. 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. 903. REDESIGNATION OF POSITIONS OF UNDER SECRETARY 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, United
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:
``Sec. 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:
``Sec. 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), 1762(a),
1763, 2304(f), 2308(b), 2325(b), 2329, 2350a, 2369, 2399(b), 2435(b),
2438(c), 2523(a), and 2534(b).
(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. 904. 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. 905. 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--Reserve Commands
SEC. 921. ARMY RESERVE COMMAND.
(a) Establishment as a Permanent Separate Army Command.--(1)
Chapter 307 of title 10, United States Code, as amended by section
519(a), is further amended by inserting after section 3081 the
following new section:
``Sec. 3082. Army Reserve command
``(a) Establishment of Command.--There is in the Army an Army
Reserve command, which shall be a separate command of the Army. The
Secretary of the Army shall maintain that command with the advice and
assistance of the Chief of Staff of the Army.
``(b) Commander.--The Chief of Army Reserve is the commander of the
Army Reserve command. The commander of the Army Reserve command reports
directly to the Chief of Staff of the Army.
``(c) Assignment of Forces.--The Secretary of the Army shall assign
to the Army Reserve command all forces of the Army Reserve.
``(d) Establishment of Responsibility.--(1) The Chief of Staff of
the Army shall establish standards, evaluate units, validate units, and
provide training assistance for the Army Reserve in the areas of unit
training, readiness, and mobilization.
``(2) The Chief of Staff shall establish training doctrine, with
associated tasks, conditions, and standards, for individual and unit
training and shall establish standards, control of certification, and
validation for all courses, instructors, and students for the Army
Reserve.
``(3) The commander of the Army Reserve command shall be
responsible for meeting the standards, and for successfully complying
with the evaluation, certification, and validation requirements,
established by the Chief of Staff of the Army pursuant to paragraphs
(1) and (2).''.
(2) The table of sections at the beginning of such chapter, as
amended by section 519(b), is further amended by inserting after the
item relating to section 3081 the following new item:
``3082. Army Reserve command.''.
(b) Conforming Repeal.--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 repealed.
(c) Transition Provision.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army, in consultation
with the Chief of Staff of the Army, shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the plans of the Secretary of the Army for implementation of section
3082 of title 10, United States Code, as added by subsection (a). Such
implementation shall begin not later than 90 days after the date of the
enactment of this Act and shall be completed not later than one year
after such date.
SEC. 922. NAVAL RESERVE COMMAND.
(a) Establishment as Permanent Separate Naval Command.--Chapter 519
of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 5253. Naval Reserve command
``(a) Establishment of Command.--There is in the Navy a Naval
Reserve command, which shall be a separate command of the Navy. The
Secretary of the Navy shall maintain that command with the advice and
assistance of the Chief of Naval Operations.
``(b) Commander.--The Chief of Naval Reserve is the commander of
the Naval Reserve command. The commander of the Naval Reserve command
reports directly to the Chief of Naval Operations.
``(c) Assignment of Forces.--The Secretary of the Navy shall assign
to the Naval Reserve command all forces of the Naval Reserve other than
those Naval Reserve forces specifically assigned by the Secretary to
the active component of the Navy.
``(d) Establishment of Responsibility.--(1) The Chief of Naval
Operations shall establish standards, evaluate units, validate units,
and provide training assistance for the Naval Reserve in the areas of
unit training, readiness, and mobilization.
``(2) The Chief of Naval Operations shall establish training
doctrine, with associated tasks, conditions, and standards, for
individual and unit training and shall establish standards, control of
certification, and validation for all courses, instructors, and
students for the Naval Reserve.
``(3) The commander of the Naval Reserve command shall be
responsible for meeting the standards, and for successfully complying
with the evaluation, certification, and validation requirements,
established by the Chief of Naval Operations pursuant to paragraphs (1)
and (2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5253. Naval Reserve command.''.
SEC. 923. MARINE CORPS RESERVE COMMAND.
(a) Establishment as Permanent Separate Marine Corps Command.--
Chapter 519 of title 10, United States Code (as amended by section
922(a)), is further amended by adding at the end the following new
section:
``Sec. 5254. Marine Corps Reserve command
``(a) Establishment of Command.--There is in the Marine Corps a
Marine Corps Reserve command, which shall be a separate command of the
Marine Corps. The Secretary of the Navy shall maintain that command
with the advice and assistance of the Commandant of the Marine Corps.
``(b) Commander.--The commander of the Marine Corps Reserve command
reports directly to the Commandant of the Marine Corps.
``(c) Assignment of Forces.--The Secretary of the Navy shall assign
to the Marine Corps Reserve command all forces of the Marine Corps
Reserve.
``(d) Establishment of Responsibility.--(1) The Commandant shall
establish standards, evaluate units, validate units, and provide
training assistance for the Marine Corps Reserve in the areas of unit
training, readiness, and mobilization.
``(2) The Commandant shall establish training doctrine, with
associated tasks, conditions, and standards, for individual and unit
training and shall establish standards, control of certification, and
validation for all courses, instructors, and students for the Marine
Corps Reserve.
``(3) The commander of the Marine Corps Reserve command shall be
responsible for meeting the standards, and for successfully complying
with the evaluation, certification, and validation requirements,
established by the Commandant to paragraphs (1) and (2).''.
(2) The table of sections at the beginning of such chapter (as
amended by section 925(b)) is amended by adding at the end the
following new item:
``5254. United States Marine Corps Reserve command.''.
SEC. 924. AIR FORCE RESERVE COMMAND.
(a) Establishment as Permanent Separate Air Force Command.--(1)
Chapter 807 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 8082. Air Force Reserve command
``(a) Establishment of Command.--There is in the Air Force an Air
Force Reserve command, which shall be a separate command of the Air
Force. The Secretary of the Air Force shall maintain that command with
the advice and assistance of the Chief of Staff of the Air Force.
``(b) Commander.--The Chief of Air Force Reserve is the commander
of the Air Force Reserve command. The commander of the Air Force
Reserve command reports directly to the Chief of Staff of the Air
Force.
``(c) Assignment of Forces.--The Secretary of the Air Force shall
assign to the Air Force Reserve command all forces of the Air Force
Reserve.
``(d) Establishment of Responsibility.--(1) The Chief of Staff of
the Air Force shall establish standards, evaluate units, validate
units, and provide training assistance for the Air Force Reserve in the
areas of unit training, readiness, and mobilization.
``(2) The Chief of Staff shall establish training doctrine, with
associated tasks, conditions, and standards, for individual and unit
training and shall establish standards, control of certification, and
validation for all courses, instructors, and students for the Air Force
Reserve.
``(3) The commander of the Air Force Reserve command shall be
responsible for meeting the standards, and for successfully complying
with the evaluation, certification, and validation requirements,
established by the Chief of Staff of the Air Force pursuant to
paragraphs (1) and (2).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8082. Air Force Reserve command.''.
Subtitle C--Professional Military Education
SEC. 931. 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:
``Sec. 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 of
such chapter is amended by adding at the end the following new item:
``2163. National Defense University: masters of science in national
security strategy and in national resource
strategy.''.
SEC. 932. REDESIGNATION OF ARMED FORCES STAFF COLLEGE.
The Armed Forces Staff College at Norfolk, Virginia, shall after
the date of the enactment of this Act be known and designated as the
``Joint Armed Forces Staff College''.
SEC. 933. LOCATION FOR NEW JOINT WARFIGHTING CENTER.
The Secretary of Defense shall provide for the Joint Warfighting
Center (established by the Secretary on July 1, 1993, to assist the
Chairman of the Joint Chiefs of Staff and other senior military
officers in the preparation for joint warfare) to be located at the
Joint Armed Forces Staff College in Norfolk, Virginia.
SEC. 934. 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:
``Sec. 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.--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.
``(e) Composition of National Defense University.--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.''.
(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) Effective Date.--The amendments made by subsection (a) take
effect on October 1, 1993.
Subtitle D--Other Matters
SEC. 941. ASSIGNMENT OF RESERVE FORCES.
(a) Unified Commands.--Section 162(a) of title 10, United States
Code, is amended by inserting ``(other than forces of the reserve
components)'' after ``all forces under their jurisdiction''.
(b) Special Operations Command.--Section 167(b) of such title is
amended by striking out ``and reserve''.
SEC. 942. MORATORIUM ON MERGER OF SPACE COMMAND AND STRATEGIC COMMAND.
(a) Moratorium.--During the period beginning on the date of the
enactment of this Act and ending on December 1, 1994--
(1) the United States Space Command may not be merged with
the United States Strategic Command; and
(2) no element or component of the United States Space
Command (as constituted on the date of the enactment of this
Act) may be transferred to the United States Strategic Command.
(b) GAO Report.--Not later than March 1, 1994, the Comptroller
General of the United States shall submit to Congress a report on the
costs and benefits of merging the United States Space Command with the
United States Strategic Command. The matters to be addressed by the
Comptroller General in the report shall include (1) cost savings and
other efficiencies which could be achieved through such a merger, as
well as any disadvantages of such a merger, (2) the record of any
problems associated with the performance of the functions of the Space
Command and of the Strategic Command when those functions have been
vested in the same organization in the past, and (3) the degree to
which any such proposed merger decreases the organizational visibility
and priority of space-related issues within the Department of Defense.
SEC. 943. SECURITY CLEARANCES FOR CIVILIAN EMPLOYEES.
(a) In General.--(1) Chapter 81 of title 10, United States Code, is
amended by inserting after section 1581 the following new section:
``Sec. 1582. Security clearances: procedural safeguards for denial or
revocation
``Under regulations to be prescribed by the Secretary of Defense,
civilian employees of the Department of Defense shall be entitled to
the same procedural safeguards with respect to the denial or revocation
of security clearances as are afforded to employees of defense
contractors under Executive Order 10865 (50 U.S.C. 401 note), entitled
`Safeguarding Classified Information Within Industry', as in effect on
July 1, 1993.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1581 the
following new item:
``1582. Security clearances: procedural safeguards for denial or
revocation.''.
(b) Effective Date.--Section 1582 of title 10, United States Code,
as added by subsection (a), shall apply with respect to the denial or
revocation of a security clearance after the date of the enactment of
this Act.
(c) Deadline.--The regulations required by section 1582 of title
10, United States Code, as added by subsection (a), shall be prescribed
not later than 180 days after the date of the enactment of this Act.
SEC. 944. PROGRAM FOR VIDEOTAPING OF INVESTIGATIVE INTERVIEWS.
(a) In General.--The Secretary of Defense shall carry out a program
for the videotaping of subject and witness interviews by military
criminal investigative organizations, as determined appropriate by the
Secretary.
(b) Startup Costs.--The Secretary shall direct that, of amounts
available to the Department of Defense for fiscal year 1994 for
operations and maintenance, $2,500,000 shall be allocated for the
purchase of video equipment for use in the program under subsection (a)
and for necessary modifications to interrogation facilities to
accommodate that equipment.
(b) Military Criminal Investigative Organizations.--For purposes of
subsection (a), the military criminal investigative organizations are
the following:
(1) The Defense Criminal Investigative Service.
(2) The Criminal Investigative Division of the Department
of the Army.
(3) The Naval Criminal Investigative Service of the
Department of the Navy.
(4) The Office of Special Investigations of the Department
of the Air Force.
SEC. 945. 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. 946. ENHANCED FLEXIBILITY RELATING TO REQUIREMENTS FOR SERVICE IN
A JOINT DUTY ASSIGNMENT.
(a) Extension of Authority for Joint Duty Equivalency Waiver.--
Section 619(e)(2) of title 10, United States Code, is amended--
(1) by striking out ``paragraph (1)--'' and inserting in
lieu thereof ``paragraph (1) in the following circumstances:'';
(2) by capitalizing the first letter of the first word in
each of subparagraphs (A) through (D);
(3) by striking out the semicolon at the end of
subparagraphs (A), (B), and (C) and inserting in lieu thereof a
period;
(4) by striking out ``; and'' at the end of subparagraph
(D) and inserting in lieu thereof a period; and
(5) by striking out subparagraph (E) and inserting in lieu
thereof the following:
``(E) Until January 1, 1998, 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) Requirement for Joint Duty Assignment for General and Flag
Officers Receiving Joint Duty Equivalency Waiver.--Section 619 of such
title is further amended by adding at the end the following new
subsection:
``(f)(1) An officer who receives a waiver under paragraph (2)(E) of
subsection (e) by reason of service described in that paragraph that
began before October 1, 1986, may not (except as provided in paragraph
(2)) be appointed to the grade of major general or rear admiral until
the officer completes a full tour of duty in a joint duty assignment.
``(2) The Secretary of Defense may on a case-by-case basis delay
the requirement under paragraph (1) for completion of a full tour of
duty in a joint duty assignment in the case of an officer selected for
promotion to the grade of major general or rear admiral so that such a
tour of duty is completed while the officer is serving in that grade.
Any such delay may be granted only in a case in which the Secretary
determines, and certifies to Congress, that it is necessary that the
requirement for service by general and flag officers in a joint duty
assignment be deferred in the case of that particular officer because
of a lack of available billets for officers in the grade of brigadier
general or rear admiral (lower half) that are joint duty assignment
positions.
``(3) The delegation limitations in paragraph (3)(C) of subsection
(e) shall apply to the authority provided in paragraph (2).''.
(c) Report on Plans for Compliance With Section 619(e).--(1) Not
later than January 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 619(e) of title 10, United States Code, as amended by
subsection (a). Each such plan should particularly ensure that by
January 1, 1998, 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).
(2) 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:
(A) The degree of progress made toward meeting the
requirements of section 619(e) of title 10, United States Code.
(B) The compliance achieved with each of the plans
developed pursuant to paragraph (1).
(d) Revision of Serving-In Waiver.--Section 619(e)(2) of title 10,
United States Code, as amended by subsection (a), is further amended by
adding at the end the following:
``(F) 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,
of which no less than six months have been completed on the
date on which the officer is selected by that selection board,
and who subsequently completes no less than two years in that
joint duty assignment.''.
(e) Desert Storm Joint Duty Credit.--(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.
(f) Correction of Spelling Mistake.--Section 1305(b)(1)(B) of
Public Law 100-180 (10 U.S.C. 619 note) is amended by striking out
``nuclear populsion'' and inserting in lieu thereof ``nuclear
propulsion''.
SEC. 947. 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 their second duty
assignment after such graduation.
``(B) The Secretary may, if the Secretary determines that it is
necessary to do so for the efficient management of officer personnel,
establish procedures to allow up to one-half of the officers subject to
the 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.
SEC. 948. REPORT ON OPTIONS FOR ORGANIZATIONAL STRUCTURE FOR IMAGERY
COLLECTION FUNCTIONS.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the committees
specified in subsection (e) a report containing an assessment of
options for the organization of intelligence elements of the Government
for the management of central imagery functions. The report shall be
prepared in consultation with the Director of Central Intelligence.
(b) Options To Be Considered.--Options considered for the purposes
of the assessment under subsection (a) shall include the following:
(1) Carrying out the management of central imagery
functions through the Central Imagery Office of the Department
of Defense as constituted on the date of the enactment of this
Act.
(2) Consolidation within the Defense Intelligence Agency of
the central imagery functions carried out as of the date of the
enactment of this Act through the Central Imagery Office of the
Department of Defense (as constituted on the date of the
enactment of this Act).
(3) Any other option identified by the Secretary of Defense
and the Director of Central Intelligence.
(c) Basis for Evaluation of Options.--Each option identified under
subsection (b) shall be evaluated on the basis of--
(1) organizational efficiency;
(2) cost savings that could be realized through
consolidation and through sharing of overhead resources; and
(3) any other criteria determined by the Secretary of
Defense and the Director of Central Intelligence.
(d) Restriction Pending Submission of Report.--Unless otherwise
directed by law, neither the Secretary of Defense nor the Director of
Central Intelligence may take any action to carry out the elimination,
consolidation, or restructuring of the Central Imagery Office of the
Department of Defense (as constituted on the date of the enactment of
this Act) before the report under subsection (a) is submitted.
(e) Committees To Which Report Is To Be Submitted.--The report
required by subsection (a) shall be submitted to the Committees on
Armed Services of the Senate and House of Representatives and to the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
(f) Definition.--For purposes of this section, the term ``imagery
collection functions'' means the intelligence functions of tasking
imagery collection, production of imagery analysis, and dissemination
of imagery analysis.
SEC. 949. 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 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''). The report
shall include the following information:
(1) A statement of the goals and objectives of the Review.
(2) The principal findings and recommendations of the
Review.
(3) A presentation of the process, structure, and scope of
the Review, including all programs and policies examined by the
Review.
(4) The various force structure, strategy, budgetary and
programmatic options considered as part of the Review.
(5) A description of any threat assessment or defense
planning scenario used in conducting the Review.
(6) The criteria used in the development, review, and
selection of the alternative strategy, force structure,
programmatic, budgetary, and other options considered in the
Review.
(7) 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, including changes in the four key elements of
the new National Military Strategy announced by former
President Bush on August 2, 1990, and described in the
January 1993 report entitled, ``Annual Report to the
President and the Congress'' from former Secretary of
Defense Dick Cheney, namely, strategic deterrence and
defense, forward presence, crisis response, and
reconstitution.
(C) Alliance structures or overseas force presence
and commitments and any changes in the level of support
by the United States Armed Forces for peacekeeping and
peacemaking missions, humanitarian activities, domestic
civil functions, drug interdiction, support to
international organizations such as the United Nations,
and other areas such as conversion and reinvestment.
(D) The military force structure, as described in
the January 1993 report entitled ``Annual Report to the
President and the Congress'' from former Secretary of
Defense Dick Cheney.
(E) 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.
(F) 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.
(G) The defense industrial base of the United
States, including the effect on key defense industrial
sectors such as the nuclear propulsion industrial base,
the armored vehicle industrial base, tactical aviation,
and shipyards for both conventional-powered and
nuclear-powered vessels.
(b) Deadline.--The report required by subsection (a) shall be
submitted not later than the earlier of (1) the date on which the
President's budget for fiscal year 1995 budget is submitted to Congress
pursuant to section 1105 of title 31, United States Code, and (2) the
end of the 90-day period beginning on the date of the enactment of this
Act.
SEC. 950. REINVESTIGATION BY DEFENSE INSPECTOR GENERAL OF CERTAIN CASES
OF DEATH OF MEMBERS OF THE ARMED FORCES BY SELF-INFLICTED
WOUNDS.
(a) In General.--The Inspector General of the Department of Defense
shall conduct a reinvestigation of the death of any member of the Armed
Forces who died while on active duty after January 1, 1982, from a
wound determined to be self-inflicted (whether by accident or
intention) in any case in which the immediate family members of the
deceased servicemember request the reinvestigation based upon
allegations grounded in new evidence or well-founded suspicions of an
incomplete or inadequate previous investigation.
(b) Expert Services.--In carrying out any such reinvestigation, the
Inspector General may obtain necessary expert services (such as the
services of pathologists and ballistics experts) from sources outside
the Department of Defense.
(c) Findings and Recommendations.--The Inspector General shall
prepare a report on each case investigated under this section. Based
upon the findings and conclusions in such report, the Secretary of the
military department concerned shall take such actions as the Secretary
determines to be appropriate, including actions to correct the record
of the deceased servicemember and actions to institute disciplinary
proceedings against other servicemembers relating to the circumstances
of the death investigated or to the conduct of earlier investigations
of that death.
(d) Furnishing of Report to Family.--In each case of an
investigation under this section, the Inspector General shall furnish a
copy of the report on the investigation to the family members of the
individual whose death was investigated in accordance with section 1072
of the National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2508).
SEC. 951. 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.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. 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
notify Congress of transfers made under the authority of this section.
SEC. 1002. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.
No funds are authorized to be appropriated under this Act for the
Federal Bureau of Investigation.
SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Committee on Armed Services 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 such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1004. DEFENSE COOPERATION ACCOUNT.
(a) Revision in Audit Requirement.--Subsection (i) of section 2608
of title 10, United States Code, 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.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2608. Acceptance of contributions for defense programs,
projects, and activities; Defense Cooperation Account''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 155 of such title is amended to read as
follows:
``2608. Acceptance of contributions for defense programs, projects, and
activities; Defense Cooperation Account.''.
SEC. 1005. 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) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to carry out humanitarian and civic assistance
activities under sections 401, 402, and 2551 of title 10, United States
Code, in the amount of $58,000,000 for fiscal year 1994.
(e) 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.
SEC. 1006. LIMITATION ON TRANSFERRING DEFENSE FUNDS TO OTHER
DEPARTMENTS AND AGENCIES.
Section 1604 of Public Law 101-189 (103 Stat. 1598) is amended by
striking out ``a report'' and all that follows and inserting in lieu
thereof ``a certification that making those funds available to such
other department or agency is in the national security interest of the
United States.''.
SEC. 1007. SENSE OF CONGRESS CONCERNING DEFENSE BUDGET PROCESS.
It is the sense of Congress that any future five-year defense
plan--
(1) should be based on an objective assessment of United
States national security requirements and be resourced at a
level capable of protecting and promoting our 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. 1008. FUNDING STRUCTURE FOR CONTINGENCY OPERATIONS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127 the following new section:
``Sec. 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.
``(c) Obligational Limitations.--(1) Obligations attributable to a
National Contingency Operation for which customary reimbursement
requirements are not applicable by reason of subsection (b) may not be
made in excess of $20,000,000 until the President submits to Congress
notice of the intention to make such obligations in excess of
$20,000,000.
``(2) Upon such notification under paragraph (1), an additional
$20,000,000 in obligations attributable to that operation for which
customary reimbursement requirements are not applicable by reason of
subsection (b) may be made.
``(3) Obligations attributable to a National Contingency Operation
for which customary reimbursement requirements are not applicable by
reason of subsection (b) may be made in excess of $40,000,000--
``(A) only after the end of the 30-day period beginning on
the date on which a presidential notification is submitted
under paragraph (2); and
``(B) only if during that 30-day period a joint resolution
described in subsection (i) is not enacted into law.
``(4) The President may waive the limitation in paragraph (3) in
the case of any National Contingency Operation with respect to which
the President has declared a national emergency.
``(d) Notification and Plan for Large-Scale Operations.--(1) Within
two months of the beginning of any large-scale or long-term National
Contingency Operation, the President shall submit to Congress a
financial plan for the operation that sets forth the manner by which
the President proposes to obtain funds for the full cost to the United
States of the operation.
``(2) For purposes of this subsection, a large-scale or long-term
National Contingency Operation is an operation designated as a National
Contingency Operation that was not anticipated and programmed for in
the budget for the current fiscal year and which is expected--
``(A) to have a duration in excess of three months; or
``(B) to have an incremental cost to the Department of
Defense in excess of $100,000,000.
``(e) 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.
``(f) Incremental Personnel Costs Account.--(1) There is hereby
established in the Department of Defense a reserve fund to be known as
the `National Contingency Operation Personnel Fund'. Amounts in the
fund shall be available for incremental military personnel costs
attributable to a National Contingency Operation. Amounts in the fund
remain available until expended.
``(2) There is hereby authorized to be appropriated for fiscal year
1994 to the fund established under paragraph (2) the sum of
$10,000,000.
``(g) 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.
``(h) 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.
``(i) Procedures for Considering Resolution of Disapproval.--(1)
For purposes of subsection (c)(3), the term `joint resolution' means
only a joint resolution that is introduced within the 10-day period
beginning on the date on which the President transmits to Congress the
notification under that subsection and--
``(A) that does not have a preamble;
``(B) the matter after the resolving clause of which is as
follows: `That the President may not incur obligations in
excess of $40,000,000 as proposed in the notice of the
President of ____________', the blank space being filled in
with the appropriate date; and
``(C) the title of which is as follows: `Joint resolution
limiting obligations by the President.'.
``(2) A resolution described in paragraph (1) that is introduced in
the House of Representatives shall be referred jointly to the Committee
on Foreign Relations and the Committee on Armed Services of the House
of Representatives. A resolution described in paragraph (1) that is
introduced in the Senate shall be referred to the Committee on Foreign
Relations of the Senate and the Committee on Armed Services of the
Senate.
``(3) If the committees to which a resolution described in
paragraph (1) is referred have not reported such resolution (or an
identical resolution) by the end of the 15-day period beginning on the
date on which the President transmits the applicable notice to Congress
under subsection (c), such committees shall be, at the end of such
period, discharged from further consideration of such resolution, and
such resolution shall be placed on the appropriate calendar of the
House involved.
``(4)(A) On or after the third day after the date on which the
committees to which such a resolution is referred have reported, or
have been discharged (under paragraph (3)) from further consideration
of, such a resolution, it is in order (even though a previous motion to
the same effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the resolution. A
Member may make the motion only on the day after the calendar day on
which the Member announces to the House concerned the Member's
intention to make the motion, except that, in the case of the House of
Representatives, the motion may be made without such prior announcement
if the motion is made by direction of the committee to which the
resolution was referred. All points of order against the resolution
(and against consideration of the resolution) are waived. The motion is
highly privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the resolution is agreed
to, the respective House shall immediately proceed to consideration of
the joint resolution without intervening motion, order, or other
business, and the resolution shall remain the unfinished business of
the respective House until disposed of.
``(B) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 10
hours, which shall be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution is not in
order. A motion further to limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not in order.
A motion to reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
``(C) Immediately following the conclusion of the debate on a
resolution described in paragraph (1) and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the resolution
shall occur.
``(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in subsection (a) shall be decided without debate.
``(5)(A) If, before the passage by one House of a resolution of
that House described in subsection (a), that House receives from the
other House a resolution described in subsection (a), then the
following procedures shall apply:
``(i) The resolution of the other House shall not be
referred to a committee and may not be considered in the House
receiving it except in the case of final passage as provided in
clause (ii)(II).
``(ii) With respect to a resolution described in paragraph
(1) of the House receiving the resolution--
``(I) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
``(II) the vote on final passage shall be on the
resolution of the other House.
``(B) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.
``(6) This subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in paragraph
(1), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
``(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Clerical Amendment.--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.''.
SEC. 1008. INCREASE IN AMOUNT FOR CINC INITIATIVE FUND.
The amount provided in section 301 for Defense-wide activities for
fiscal year 1994 is hereby increased by $5,000,000, to be an additional
amount for the CINC Initiative Fund.
SEC. 1009. REPORT ON HUMANITARIAN ASSISTANCE ACTIVITIES
The Secretary of Defense shall include in the next annual report of
the Secretary under section 113 of title 10, United States Code, a
report on the activities of the Department of Defense under sections
401, 402, 2547, and 2551 of that title. The report shall describe
activities under those sections that have been carried out during
fiscal year 1994 to the date of the report and planned activities under
those sections for the remainder of fiscal year 1994 and for fiscal
year 1995.
Subtitle B--Counter-Drug Activities
SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF
OTHER AGENCIES.
(a) Extension of Support Authorization.--Section 1004(a) 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) Funding of Support Activities.--Of the amount authorized to be
appropriated for fiscal year 1994 under section 301(14) 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. 1022. REPORT ON DEFENSE COUNTER-DRUG PROGRAM.
(a) Report Required.--The Secretary of Defense shall submit to
Congress a report evaluating the consistency of--
(1) all drug interdiction and counter-drug activities
undertaken or supported by the Department of Defense using
funds appropriated pursuant to the authorization of
appropriations in section 301(14); with
(2) the goals, objectives, and resource balance contained
in the National Drug Control Strategy required to be submitted
to Congress in 1994 under section 1005 of the Anti-Drug Abuse
Act of 1988 (21 U.S.C. 1504).
(b) Recommendations.--The report required under subsection (a)
shall include such recommendations as the Secretary considers to be
necessary to more closely conform defense drug interdiction and
counter-drug activities to the National Drug Control Strategy. The
recommendations may include a request for the reprogramming of funds
appropriated or otherwise made available to the Department of Defense
for drug interdiction and counter-drug activities if the Secretary
determines that such a request is necessary.
(c) Limitation on Obligation of Funds Pending Report.--(1) Except
as provided in paragraph (2), no more than 75 percent of the funds
appropriated for fiscal year 1994 pursuant to the authorization of
appropriations in section 301(14) for drug interdiction and counter-
drug activities undertaken or supported by the Department of Defense
may be obligated or expended before the date on which the Secretary of
Defense submits to Congress the report required under subsection (a).
(2) Paragraph (1) shall not prohibit obligations or expenditures of
funds for personnel expenses, including pay and allowances of members
of the Armed Forces, incurred in connection with defense drug
interdiction and counter-drug activities.
SEC. 1023. REQUIREMENT TO ESTABLISH PROCEDURES FOR STATE AND LOCAL
GOVERNMENTS TO BUY LAW ENFORCEMENT EQUIPMENT IN
CONJUNCTION WITH 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:
``Sec. 381. Procurement by State and local governments of law
enforcement equipment in conjunction with 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 certain equipment in conjunction
with the Department of Defense. The procedures shall require the
following:
``(A) Each State desiring to participate in a procurement
of equipment in conjunction with the Department of Defense
shall submit to the Department, in such form and manner and at
such times as the Secretary prescribes (i) a request for law
enforcement equipment, and (ii) advance payment for such
equipment, in an amount determined by the Secretary based on
estimated or actual costs of the equipment. Requests shall be
submitted annually or at another frequency determined
appropriate by the Secretary.
``(B) 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.
``(C) 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 shall
produce and maintain a catalog of law enforcement equipment suitable
for purchase by States and units of local government under the
procedures established by the Secretary under this section.
``(d) Definitions.--For purposes of this section:
``(1) The term `State' means any State of the United
States, 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' has the meaning
given such term in regulations prescribed by the Secretary of
Defense. Such term includes, at a minimum, handguns,
bulletproof vests, and communication equipment.''.
(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 in conjunction with 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 C--Other Matters
SEC. 1031. 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:
``Sec. 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) Purpose.--The purpose of this section is to provide a
procedure for the handling of battlefield objects that is consistent
with the policies expressed in subsection (a).
``(c) General Rule.--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. 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 this section) take from a theater of
operations as a souvenir an object formerly in the possession of the
enemy.
``(d) Procedures for Obtaining Battlefield Souvenirs.--(1) A member
of the armed forces who wishes to retain as a souvenir an object
covered by subsection (c) that was retrieved personally by that member
may so request at the time the object is turned over pursuant to
subsection (c).
``(2) The Secretary concerned shall designate an officer to review
requests under paragraph (1). 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.
``(3) The Secretary concerned may charge a processing fee to each
member making a request under paragraph (1). The amount of any such fee
may not exceed the amount necessary to recoup the costs of handling and
reviewing the objects for which requests are made under paragraph (1).
``(e) Furnishing of Captured Items.--(1) The Secretary concerned
shall make available to members of the armed forces who served in a
theater of operations items of enemy material other than weapons and
explosives that are no longer required for military use, intelligence
exploitation, or other purpose determined by the Secretary. A
processing fee as described in subsection (d)(3) may be charged.
``(2) The Secretary concerned shall make available for sale to
members of the armed forces who served in a theater of operations items
of captured weaponry as follows:
``(A) The only weapons that may be sold are those in
categories to be agreed upon jointly by the Secretary of
Defense and the Secretary of the Treasury.
``(B) Not more than one weapon may be sold to any member.
``(C) Before a weapon is turned over to a member following
such a sale, the weapon shall be rendered unserviceable.
``(D) The Secretary concerned shall assess a charge in
connection with each such sale (in addition to any processing
fee) 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) Effective Date.--Section 2579 title 10, United States Code, as
added by subsection (a), shall apply with respect to objects taken in a
theater of operations after the date of the enactment of this Act.
SEC. 1032. 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:
``Sec. 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. 1033. 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.''.
SEC. 1034. 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. 1035. 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:
``Sec. 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.--For purposes of this section, the term `major
non-NATO ally' has the meaning given such 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; 102 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.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1993.
SEC. 1036. MODIFICATION OF AUTHORITY TO CONDUCT NATIONAL GUARD CIVILIAN
YOUTH OPPORTUNITIES PROGRAM.
(a) Location of Program.--Subsection (c) of section 1091 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 32 U.S.C. 501 note) is amended to read as follows:
``(c) Conduct of the Program.--The Secretary of Defense may provide
for the conduct of the pilot program in such States as the Secretary
considers to be appropriate, except that the Secretary may not enter
into agreements under subsection (d) with more than 10 States to
provide for a program curriculum in excess of 6 weeks for any
participant.''.
(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. 1037. SENSE OF CONGRESS CONCERNING MEETING OF INTERALLIED
CONFEDERATION OF RESERVE OFFICERS.
(a) Findings.--The Congress finds that--
(1) the Interallied Confederation of Reserve Officers
(CIOR), an association of reserve officers from thirteen of the
nations comprising the North Atlantic Treaty Organization, will
hold its XLIV Congress at Washington, District of Columbia,
during the period August 1 through 6, 1993; and
(2) the United States, through the Department of Defense,
will conduct military competitions in conjunction with and as a
constituent part of that Congress of that organization.
(b) Extension of Welcome.--The Congress--
(1) extends to the Interallied Confederation of Reserve
Officers (CIOR) a cordial welcome to the United States on the
occasion of the XLVI Congress of that organization to be held
in Washington, District of Columbia, during the period August 1
through 6, 1993;
(2) commends the joint effort of the Department of Defense
and the Reserve Officers Association of the United States in
hosting the XLVI Congress of that organization; and
(3) urges all departments and agencies of the Federal
Government to cooperate with and assist the XLVI Congress of
that organization in carrying out its activities and programs
during that period.
SEC. 1038. 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).
SEC. 1039. 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. 1040. MEMORIAL TO U.S.S. INDIANAPOLIS.
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, is hereby designated as the national memorial to the U.S.S.
Indianapolis and her final crew.
SEC. 1041. CONGRESSIONAL NOTIFICATION WHEN UNITED STATES FORCES ARE
PLACED UNDER OPERATIONAL CONTROL OF A FOREIGN NATION.
(a) Notice Requirement.--(1) Whenever the President places elements
of the Armed Forces under the operational control of a foreign national
acting on behalf of the United Nations, the Secretary of Defense shall
submit to Congress a report described in subsection (b).
(2) Except as provided in paragraph (3), a report under paragraph
(1) shall be submitted not less than 30 days before the date on which
such operational control becomes effective.
(3) A report under paragraph (1) may be submitted less than 30 days
before the date on which such operational control becomes effective (or
after such date) if the President certifies to Congress that the
requirement for the commitment of forces for such purpose is of such an
emergency nature that delaying such commitment in order to provide such
30 days prior notice is not possible. Any such certification shall be
submitted promptly upon the commitment of such forces.
(b) Contents of Report.--A report under subsection (a) shall set
forth the following:
(1) The mission of the United States forces involved.
(2) The expected size and composition of the United States
forces involved.
(3) The incremental cost to the United States associated
with the proposed operation.
(4) The precise command and control relationship between
the United States forces involved and the international
organization.
(5) The precise command and control relationship between
the United States forces involved and the commander of the
United States unified command for the region in which the
operation is proposed.
(6) The extent to which the United States forces involved
will rely on non-United States forces for security and self-
defense and an assessment on the ability of those non-United
States forces to provide adequate security to the United States
forces involved.
(7) The conditions under which the United States forces
involved can and would be withdrawn.
(8) The timetable for complete withdrawal of the United
States forces involved.
(c) Classification of Report.--A report required by this section
shall be submitted in both classified and unclassified form, if
necessary.
(d) Exception for Small Forces.--This section does not apply in the
case of elements of the Armed Forces involving fewer than 100 members
of the Armed Forces.
(e) Interpretation.--Nothing in this section may be construed as
authority for the President to use United States Armed Forces in any
operation.
SEC. 1042. IDENTIFICATION OF SERVICE IN VIETNAM IN THE COMPUTERIZED
INDEX OF THE NATIONAL PERSONNEL RECORDS CENTER.
The Secretary of Defense shall include in the computerized index of
the National Personnel Records Center in St. Louis, Missouri, an
indicator to allow for searches or selection of military records of
military personnel based upon service in the Southeast Asia theater of
operations during the Vietnam conflict (as defined in section
1035(g)(2) of title 10, United States Code).
SEC. 1043. SHARING 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 real terms.
(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 personnel.
(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 the following initiatives of the Congress:
(A) Section 1302 of the National Defense
Authorization Act for Fiscal Year 1993, which required
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 specified
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 in the following ways to reduce
the costs incurred by the United States in basing military
forces overseas:
(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 on-base 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 more fully share 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 his 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 Armed Forces of the United States of all
tax liability that, with respect to forces located in such
country, is incurred by the Armed Forces under the laws of that
country and the laws of the community where those forces are
located; and
(C) ensures that goods and services furnished in that
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. 2673)
(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 NATO
Infrastructure) 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).
(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 family
housing construction and NATO Infrastructure) 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.
(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. 1044. BURDENSHARING CONTRIBUTIONS FROM DESIGNATED COUNTRIES AND
REGIONAL ORGANIZATIONS.
(a) In General.--Section 1045 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1465)
is amended--
(1) in subsection (a)--
(A) by striking out ``During fiscal years 1992 and
1993, the Secretary'' and inserting in lieu thereof
``The Secretary''; and
(B) by striking out ``Japan, Kuwait, and the
Republic of Korea'' and inserting in lieu thereof ``any
country or regional organization designated for
purposes of this section by the Secretary of Defense'';
and
(2) in subsection (f)--
(A) by striking out ``each quarter of fiscal years
1992 and 1993'' and inserting in lieu thereof ``each
fiscal-year quarter'';
(B) by striking out ``congressional defense
committees'' and inserting in lieu thereof
``Congress''; and
(C) 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)''.
(b) Clerical Amendment.--The heading of such section is amended to
read as follows:
``SEC. 1045. BURDENSHARING CONTRIBUTIONS FROM DESIGNATED COUNTRIES AND
REGIONAL ORGANIZATIONS.''.
SEC. 1045. 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 ``(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'';
(2) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2); and
(3) by striking out paragraph (2) (following the paragraph
(2) designated by paragraph (2) of this subsection).
(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) 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
of the National Defense Authorization Act, 1985 (Public Law 98-525; 98
Stat. 2577), 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. 1046. 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. 1047. SENSE OF CONGRESS REGARDING UNITED STATES POLICY ON
PLUTONIUM.
It is the sense of the Congress that the start-up or continued
operation of any plutonium separation plant presents serious
environmental hazards and increases the risk of proliferation of
weapons-usable plutonium and therefore should be suspended until the
related environmental and proliferation concerns have been addressed
and resolved.
SEC. 1048. 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.
(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 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
(5) calls on the President and the international community
to take steps to strengthen the international nuclear
nonproliferation regime.
SEC. 1049. AVIATION LEADERSHIP PROGRAM.
(a) Findings.--The Congress finds the following:
(1) The training of pilots from the air forces of friendly
foreign nations in the United States furthers United States
interests, promotes closer relations, and advances the national
security.
(2) Many friendly foreign nations cannot afford to
reimburse the United States for the cost of such training
provided.
(3) It is in the national interest to authorize the
Secretary of the Air Force to establish a program of pilot
training for personnel of 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.
``Sec. 9381. Establishment of program
``The Secretary of the Air Force may establish and maintain an
Aviation Leadership Program which will provide undergraduate pilot
training and necessary related training (including, but not limited to,
language training and programs to promote better awareness and
understanding of the democratic institutions and social framework of
the United States) to selected personnel of the air forces of friendly,
less-developed foreign nations.
``Sec. 9382. Supplies and clothing
``(a) The Secretary of the Air Force may, under such conditions as
the Secretary may prescribe, provide to persons receiving training
under this chapter--
``(1) transportation incident to such training;
``(2) supplies and equipment for the use of such persons
during training;
``(3) flight clothing and other special clothing required
for training; and
``(4) billeting, food, and health services.
``(b) The Secretary 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.
``Sec. 9383. Allowances
``The Secretary of the Air Force may pay to persons 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 members of the armed forces under similar
circumstances.''.
(c) Clerical Amendment.--The table of chapters at the beginning of
subtitle D of title 10, United States Code, and part III of such
subtitle are amended by inserting after the items relating to chapter
903 the following new item:
``905. Aviation Leadership Program.......................... 9381''.
SEC. 1050. 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 the
Defense Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526), the Defense Base Closure and Realignment Act of
1990 (Public Law 101-510), or section 2687 of title 10, United States
Code, 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 paragraph
until the Secretary of Transportation has--
``(A) determined, after consultation with the Secretary of
Labor, that the surplus real 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) provided an explanatory statement as specified in
subsection (e)(6).
``(4) The instrument of conveyance of any surplus real property and
related personal property disposed of under this subsection shall--
``(A) provide that all such property shall be used and
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.''.
SEC. 1051. 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.
SEC. 1052. NUCLEAR NONPROLIFERATION.
(a) Findings.--The Congress finds the following:
(1) The United States has been seeking to contain the
spread of nuclear weapons technology and materials.
(2) With the end of the Cold War and the breakup of the
Soviet Union, the proliferation of nuclear weapons is now a
leading military threat to the national security of the United
States and its allies.
(3) The United Nations Security Council declared on 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. 1053. 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 this policy 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 successfully dissuaded countries
from pursuing space launch vehicle programs in part by offering
to cooperate with them 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) Sense of Congress.--It is the sense of Congress that--
(1) the Congress supports the strict interpretation by the
United States of the Missile Technology Control Regime
concerning--
(A) the inability to distinguish space launch
vehicle technology from missile technology under the
regime; and
(B) the inability to safeguard space launch vehicle
technology in a manner that would provide timely
warning of its diversion to military purposes; and
(2) the United States and the governments of other nations
adhering to the Missile Technology Control Regime should be
recognized for--
(A) the success of such governments in restricting
the export of space launch vehicle technology and of
missile technology; and
(B) 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.
(c) Definitions.--In this section:
(1) 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.
(2) The term ``MTCR Annex'' means the Guidelines and
Equipment and Technology Annex of the Missile Technology
Control Regime, and any amendments thereto.
SEC. 1054. LIMITATION ON USE OF FUNDS FOR CERTAIN PLUTONIUM STORAGE BY
RUSSIA.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or any other Act for any fiscal year may be obligated or
expended for the purpose of assisting the Ministry of Atomic Energy of
Russia to construct a storage facility for surplus plutonium from
dismantled weapons, unless the President certifies to the Congress--
(1) that Russia is committed to halting the chemical
separation of weapon-grade plutonium from spent nuclear fuel;
and
(2) that Russia is taking all practical steps to halt such
separation at the earliest possible date.
(b) Sense of Congress on Plutonium Policy.--It is the sense of the
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 cease
all production and separation of weapon-grade plutonium and halt
chemical separation of plutonium produced in civil nuclear power
reactors.
(c) Report.--Not later than June 1, 1994, the President shall
submit to the Congress a report on the status of efforts by the United
States to secure the commitments and achieve the objectives described
in subsections (a) and (b), including 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. 1055. COUNTERPROLIFERATION.
(a) In General.--Chapter 20 of title 10, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--COUNTERPROLIFERATION
``Sec.
``415. International counterproliferation activities.
``416. Counterproliferation policy.
``417. Semiannual report.
``Sec. 415. International counterproliferation activities
``(a) Assistance for International Counterproliferation
Activities.--Subject to the limitations and requirements provided in
this section, in order to support international activities with respect
to the nonproliferation of weapons of mass destruction and their
delivery systems, the Secretary of Defense, under the guidance of the
President, may provide the assistance specified in subsection (b).
``(b) Activities for Which Assistance May Be Provided.--The
following activities are authorized under this section:
``(1) Support of nonproliferation monitoring programs,
nonproliferation inspection programs, and nonproliferation
compliance programs, to include--
``(A) support of the United Nations Special
Commission on Iraq for its inspection and long-term
monitoring activities; and
``(B) support of activities of the International
Atomic Energy Agency that are designed to ensure more
effective safeguards against nuclear proliferation and
more aggressive verification of compliance with the
Treaty on the Non-Proliferation of Nuclear Weapons of
July 1, 1968.
``(2) Monitoring and control of transfers of weapons of
mass destruction, related technologies, and other sensitive
goods and technologies.
``(3) Efforts to improve international cooperation in
monitoring of nuclear weapons proliferation, nuclear security,
and nuclear safety projects to combat the threat of nuclear
theft, terrorism, or accidents, to include--
``(A) collaborative activities such as joint
emergency response exercises, technical assistance, and
training; and
``(B) joint technical projects and improved
intelligence sharing.
``(4) Efforts to improve international capabilities and
cooperation in deterring and responding to terrorism, theft,
and proliferation involving weapons of mass destruction.
``(c) Coordination.--The President shall coordinate the activities
described in subsection (b) with those authorized in section 504 of the
Freedom for Russia and Emerging Eurasian Democracies and Open Markets
Support Act (Public Law 102-511; 22 U.S.C. 5854).
``(d) Sources of Assistance.--Supplies and equipment provided as
assistance under this section may be provided, by loan or donation,
from existing stocks of the Department of Defense and the Department of
Energy.
``(e) Prior Notice To Congress.--Not less than 15 days before
providing assistance under this section, the Secretary of Defense shall
transmit to the appropriate congressional committees a report on the
proposed assistance. Each report shall specify--
``(1) the forms of assistance the Secretary of Defense
proposes to provide;
``(2) the recipient of the proposed assistance;
``(3) the proposed involvement of United States Government
departments and agencies in providing such assistance; and
``(4) the amount of funds proposed to be obligated by the
Department of Defense in order to provide such assistance.
``(f) Definitions.--In this section:
``(1) The term `weapons of mass destruction' includes
nuclear, radiological, chemical, and biological weapons.
``(2) The term `delivery system' means a ballistic missile,
manned or unmanned air vehicle, or cruise missile that (A) is
capable of delivering a 500 kilogram payload to a range of 300
kilometers, or (B) is intended to deliver weapons of mass
destruction regardless of range or payload.
``Sec. 416. Counterproliferation policy
``(a) Programs.--The Secretary of Defense may conduct
counterproliferation policy research and analysis programs as described
in subsection (b) to support the counterproliferation activities of the
Department of Defense.
``(b) Counterproliferation Efforts.--Such counterproliferation
policy research and analysis 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 Secretary of Defense shall
designate the Under Secretary of Defense for Policy to coordinate the
research of the Department of Defense on countering proliferation of
weapons of mass destruction and their delivery systems.
``Sec. 417. Semiannual report
``(a) 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 committees of Congress named in subsection (b) a report on the
activities carried out under sections 415 and 416 of this title. Each
report shall set forth for the preceding six-month period the
following:
``(1) For activities carried out under section 415 of this
title--
``(A) a description of the assistance provided;
``(B) the recipients of that assistance; and
``(C) a description of the participation of the
Department of Defense and other Federal agencies in
providing the assistance.
``(2) For activities carried out under section 416 of this
title--
``(A) a description of the research and analysis
carried out;
``(B) the amounts spent for such research and
analysis;
``(C) the organizations that conducted the research
and analysis;
``(D) an explanation of the extent to which such
research and analysis contributes to enhancing United
States military capabilities to deter and respond to
terrorism, theft, and proliferation involving weapons
of mass destruction; and
``(E) a description of the measures being taken to
ensure that such research and analysis within the
Department of Defense is effectively managed and
comprehensively coordinated.
``(b) Congressional Committees.--The committees of Congress to
which reports under subsection (a) are to be submitted are--
``(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
``(2) The Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Select Committee on Intelligence of the House of
Representatives.''.
(b) Fiscal Year 1994 Funding.--(1) In addition to funds otherwise
available, funds for assistance authorized under section 415 of title
10, United States Code (as added by subsection (a)), for fiscal year
1994 shall be derived from amounts authorized in section 301(5) and
shall not exceed $25,000,000. None of such assistance for fiscal year
1994 may be provided in the form of cash contributions.
(2) Funds for counterproliferation policy research and analysis
programs for fiscal year 1994 under section 416 of title 10, United
States Code (as added by subsection (a)), shall be derived from amounts
appropriated in fiscal year 1994 for Defense-wide Activities and shall
not exceed $6,000,000.
(c) Restriction.--Note of the funds authorized in section 301(5)
shall be available for the purposes stated in sections 415 or 416 of
title 10, United States Code (as added by subsection (a)), until 15
days after the date on which the Secretary of Defense has submitted to
the appropriate congressional committees a report setting forth--
(1) a description of all the activities within the
Department of Defense that are being carried out or are to be
carried out with the purposes described in sections 415 and 416
of title 10, United States Code (as added by subsection (a));
(2) the plan for coordinating and integrating these
activities within the Department of Defense; and
(3) the plan for coordinating and integrating these
activities with those of other Federal agencies.
(d) Clerical Amendment.--The table of subchapters at the beginning
of chapter 20 of title 10, United States Code, is amended by adding at
the end the following new item:
``III. Counterproliferation................................. 415''.
SEC. 1056. REPORT REQUIREMENT.
(a) Effect of Increased Use of Dual-Use Technologies on Ability To
Control Exports.--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) Consultation.--The report required by subsection (a) shall be
prepared in consultation with the Director of Central Intelligence.
TITLE XI--CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE
SEC. 1101. DESIGNATION OF ARMY AS EXECUTIVE AGENT FOR CHEMICAL AND
BIOLOGICAL WARFARE DEFENSE PROGRAMS.
(a) Designation.--The Secretary of Defense shall designate the Army
as executive agent for the Department of Defense for the chemical and
biological warfare defense programs of the Department of Defense,
including (1) research, development, test, and evaluation, and (2)
procurement.
(b) Oversight.--It is the sense of Congress that the Defense
Acquisition Board should exercise oversight over the chemical and
biological warfare defense program.
SEC. 1102. REQUIREMENT FOR SINGLE OVERSIGHT OFFICE FOR CHEMICAL-
BIOLOGICAL DEFENSE PROGRAMS WITHIN THE OFFICE OF THE
SECRETARY OF DEFENSE.
The Secretary of Defense shall assign responsibility for overall
defense policy coordination and integration of the chemical and
biological defense program and the chemical and biological medical
defense program to a single office within the Office of the Secretary
of Defense.
SEC. 1103. 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. 1104. 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 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.
SEC. 1105. PREPARATIONS FOR IMPLEMENTATION OF THE CHEMICAL WEAPONS
CONVENTION.
(a) Sense of Congress.--It is the sense of Congress that the
President should--
(1) seek early ratification of the 1993 Chemical Weapons
Convention and establish a coordinated and authoritative
interagency program to develop measures for implementation of
the convention, including improvements in appropriate export
controls, the training of international inspectors and other
members of Chemical Weapons Convention inspection and
verification teams, and plans for assistance to states
requesting assistance under article X of the convention; and
(2) develop a policy that addresses the manner in which the
United States provides support under the 1993 Chemical Weapons
Convention to protect signatories of that convention against
chemical warfare.
(b) Support for Preparatory Commission.--It is the sense of
Congress that the United States should provide full funding and support
for the United States portion of the expenses of the Chemical Weapons
Convention Preparatory Commission created under the 1993 Chemical
Weapons Convention.
(c) Report.--Not later than February 1, 1994, the Secretary of
Defense shall submit to Congress a report on preparations for
implementation of the 1993 Chemical Weapons Convention. The report
shall include (1) 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, and (2) a summary of other preparations
undertaken by the Department of Defense 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, 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. 1106. SENSE OF CONGRESS CONCERNING RESPONSE TO TERRORIST THREATS.
It is the sense of Congress that the President should strengthen
emergency planning by the Federal Emergency Management Agency, in
coordination with other appropriate Federal and State agencies, for
development of early detection and warning capability of and response
to (1) potential terrorist use of chemical or biological agents or
weapons, and (2) natural disasters involving industrial chemicals or
the widespread outbreak of naturally occurring disease.
SEC. 1107. SENSE OF CONGRESS CONCERNING OTHER CHEMICAL AND BIOLOGICAL
DEFENSE MATTERS.
It is the sense of Congress that--
(1) the President should establish appropriate strategies
(A) to integrate chemical-related intelligence and biological-
related intelligence, (B) to integrate chemical-related arms
control agreements and biological-related arms control
agreements, and (C) to integrate chemical-related research and
development and biological-related research and development
programs;
(2) the President should strengthen United States
capabilities for intelligence collection and analysis
concerning the chemical warfare threat, the biological warfare
threat, and the biological terrorist threat; and
(3) the President should seek to strengthen the 1972
Biological Weapons Convention by seeking international adoption
of a regime designed to raise the economic and political costs
to any nation that pursues a biological warfare program.
SEC. 1108. INTERNATIONAL COOPERATION PROGRAM.
(a) Program.--The Secretary of Defense shall establish a program to
promote greater international cooperation for research and development
and training for chemical and biological weapons defense.
(b) Funding.--Of the amounts authorized to be appropriated by
section 201, $10,000,000 shall be available for the establishment of
the program under subsection (a).
SEC. 1109. AGREEMENTS TO PROVIDE SUPPORT TO VACCINATION PROGRAMS OF
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
The Secretary of the Army 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.
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 of mass destruction and their
components 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.
(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 countries.
(4) Support (A) the demilitarization of the defense-related
industry and equipment of the independent states of the former
Soviet Union, and (B) the conversion of such industry and
equipment to civilian purposes and uses.
(5) Expand military-to-military and defense contacts
between the United States and the independent states of the
former Soviet Union.
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) Other programs as described in section 212(b) of the
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public
Law 102-228) and section 1412(b) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484).
(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 United States private
sector.
(d) Restrictions.--Assistance authorized by subsection (a) may not
be provided for any year to any country which is an independent state
of the former Soviet Union unless the President certifies to Congress
for that year that the proposed recipient country is committed to each
of the following:
(1) Making substantial investment of its resources for
dismantling or destroying such weapons of mass destruction, if
such country 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 section, section 1412(b) of
the Former Soviet Union Demilitarization Act of 1992 (title XIV
of Public Law 102-484), or section 212(b) of the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law 102-228).
(5) Complying with all relevant arms control agreements.
(6) Observing internationally recognized human rights,
including the protection of minorities.
SEC. 1204. FUNDING FOR FISCAL YEAR 1994.
(a) Authorization of New Appropriations.--There is hereby
authorized to be appropriated for fiscal year 1994 for the purposes
authorized in section 1203 the sum of $400,000,000.
(b) 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. 1205. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Notice of Proposed Obligation.--Not less than 15 days before
obligation of any funds 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 United States
Government departments and agencies and the United States
private sector.
(b) Industrial Demilitarization.--Any report under subsection (a)
that covers proposed industrial demilitarization projects 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 United States private sector;
(4) the extent to which military production capability will
consequently be eliminated at those facilities; and
(5) the mechanisms to be established for monitoring
progress on those projects.
SEC. 1206. 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 the account ``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.
(e) Removal of Russian Forces From the Baltic States.--(1)
Paragraph (5) of section 498A(b) of the Foreign Assistance Act of 1961
is amended to read as follows:
``(5) for the Government of Russia until the President
certifies to the Congress that the Government of Russia--
``(A) has made further significant progress since
the President's certification to the Congress on May
31, 1993, on the removal of all of the armed forces of
Russia and the Commonwealth of Independent States from
Estonia, Latvia, and Lithuania (including any units of
such forces that are demobilized), or has completed
with the governments of such countries negotiated
agreements that include timetables for such removal;
and
``(B) has undertaken good faith efforts, such as
negotiations, to end other military practices by Russia
and the Commonwealth of Independent States that violate
the sovereignty of Estonia, Latvia, or Lithuania,
including--
``(i) artillery or similar armed forces
training operations on the territories of
Estonia, Latvia, or Lithuania without the
permission of their governments;
``(ii) interference in the air space or
territorial waters of Estonia, Latvia, or
Lithuania;
``(iii) the introduction of additional
armed forces, military equipment, or related
civilian personnel onto the territories of
Estonia, Latvia, or Lithuania without the
permission of their governments; or
``(iv) the imposition of an economic
blockade or interruption of energy supplies
upon Estonia, Latvia, or Lithuania;
except that this paragraph does not apply with respect to (I)
housing assistance for officers of the armed forces of Russia
and the Commonwealth of Independent States who are withdrawn
from the territories of Estonia, Latvia, and Lithuania, or (II)
food, clothing, medicine, or other humanitarian assistance.''.
(2) The amendment made by paragraph (1) shall take effect on the
later of (A) October 1, 1993, or (B) the date of the enactment of this
Act.
(3) The provisions of paragraph (1) shall not apply if an identical
amendment to the Foreign Assistance Act of 1961 is enacted in the
Foreign Assistance Act of 1993.
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 section 1203.
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 of all United States
Government departments and agencies 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 United States private sector has participated in
the activities for which amounts were obligated and expended
under section 1203.
(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
section 1203, including, with respect to proposed industrial
demilitarization projects, additional information on the
progress toward demilitarization of facilities and the
conversion of the demilitarized facilities to civilian
activities.
SEC. 1208. DEFINITION.
As used in this title, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
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 $2,735,000,000 shall be available from the sources and in the
amounts specified in subsection (b) for defense conversion,
reinvestment, and transition assistance programs. Amounts made
available pursuant to this subsection shall remain available until
expended.
(b) Sources of Funds.--The amounts and sources referred to in
subsection (a) are as follows:
(1) $200,000,000 of the amounts authorized to be
appropriated pursuant to section 109 to carry out subtitle E.
(2) $2,200,000,000 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 activities of the Department of Defense:
(1) The 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 activities authorized by this title and the
amendments made by this title.
SEC. 1303. ANNUAL REPORT ON DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE PROGRAMS.
(a) Report Required.--The Secretary of Defense shall prepare an
annual 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.--Each report required under subsection (a)
shall include a consideration of the following:
(1) For each of the conversion programs, the status of
obligation of appropriated funds.
(2) For each defense technology reinvestment project (or
other technology project conducted as part of a defense
conversion, reinvestment, and transition assistance program)--
(A) the extent to which the project meets the
objectives set forth in subsections (a) and (b) of
section 2501 of title 10, United States Code;
(B) the technology benefits of the project to the
defense technology and industrial base;
(C) any increased affordability of defense programs
linked to the project;
(D) any evidence of commercialization of technology
due to the project;
(E) any employment created as a result of the
project;
(F) the number and name of defense firms
participating in the project;
(G) the number of defense firms that have been able
to expand or retain their business base as a result of
the project;
(H) in the case of a project requiring matching
funds, whether or not the matching requirements were
met in cash;
(I) the extent to which the project has met agreed-
upon milestones, and financial and technical
requirements; and
(J) the extent to which it was determined whether
or not the project duplicates or parallels technology
programs in other agencies;
(3) For each personnel assistance program--
(A) the extent to which the program meets
objectives set forth in section 2501(b) of title 10,
United States Code;
(B) the number of individuals eligible for program
participation;
(C) the number of individuals directly
participating in the program (actual and projected);
(D) in the case of a training and jobs program, the
number of individuals who have secured permanent
employment as a result of program participation, and
(E) the extent to which it was determined whether
or not the program duplicates programs conducted by
other agencies.
(4) For each community assistance program--
(A) the extent to which the program meets
objectives laid out in section 2501(b) of title 10,
United States Code; and
(B) the number of short- and long-term jobs created
in a community receiving adjustment and diversification
assistance under section 2391(b) of title 10, United
States Code.
(c) Submission of Report.--The report required by this section for
a particular year shall be submitted to Congress at the same time that
the Secretary of Defense submits the report required under section
113(c) of title 10, United States Code, for that year.
SEC. 1304. DISSEMINATION OF LIST OF CONVERSION, REINVESTMENT, AND
TRANSITION PROGRAMS.
Section 4004(c) of the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990 (division D
of Public Law 101-510; 104 Stat. 1849) 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)(C) and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph :
``(4) ensure that adequate means are available to
disseminate to interested communities, businesses, and defense
workers and members of the Armed Forces a list of the Federal
economic adjustment programs described in the reports required
under paragraph (3).''.
Subtitle A--Defense Technology Reinvestment Projects
SEC. 1311. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT PROJECTS FOR
FISCAL YEAR 1994.
Of the amount made available pursuant to section 1302(a),
$575,000,000 shall be available for activities of the Department of
Defense under chapter 148 of title 10, United States Code, and section
2197 of such title, of which--
(1) $105,000,000 shall be available for defense dual-use
critical technology partnerships under section 2511 of such
title;
(2) $35,000,000 shall be available for commercial-military
integration partnerships under section 2512 of such title;
(3) $85,000,000 shall be available for defense regional
technology alliances under section 2513 of such title;
(4) $30,000,000 shall be available for defense advanced
manufacturing technology partnerships under section 2522 of
such title;
(5) $50,000,000 shall be available for support of
manufacturing extension programs under section 2523 of such
title;
(6) $50,000,000 shall be available for the defense dual-use
extension program under section 2524 of such title, of which--
(A) not less than 30 percent of such amount shall
be available for assistance pursuant to subsection
(c)(3) of such section; and
(B) not less than 30 percent of such amount shall
be available for loan guarantees pursuant to subsection
(b)(3) of such section; and
(7) $20,000,000 shall be available to conduct the program
established pursuant to section 2197 of such title to support
the activities of manufacturing experts at institutions of
higher education.
SEC. 1312. REPEAL AND AMENDMENT OF CERTAIN PROVISIONS RELATING TO
DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, REINVESTMENT, AND
CONVERSION.
(a) Repeals.--The following sections of title 10, United States
Code, are repealed: sections 2502, 2503, 2504, 2506, 2515, and 2518.
(b) Amendment.--Section 2505 of such title is amended--
(1) in subsection (a), by striking out ``National Defense
Technology and Industrial Base Council'' and inserting in lieu
thereof ``Secretary of Defense''; and
(2) in subsection (c), by striking out ``Council'' and
inserting in lieu thereof ``Secretary''.
(c) Conforming Repeals.--The following sections of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) are
repealed: sections 4218, 4219, and 4220.
(d) Clerical Amendments.--(1) The table of sections at the
beginning of subchapter II of chapter 148 of such title is amended by
striking out the items relating to sections 2502, 2503, 2504, and 2506.
(2) The table of sections at the beginning of subchapter III of
chapter 148 of such title is amended by striking out the items relating
to sections 2515 and 2518.
SEC. 1313. EXPANSION OF OBJECTIVES OF DEFENSE TECHNOLOGY REINVESTMENT
PROJECTS.
(a) Restatement of Existing Provision in Terms of Objectives.--
Section 2501(b) of title 10, United States Code, is amended by striking
out ``defense resources that--'' and all that follows through the
period and inserting in lieu thereof ``defense resources capable of
meeting the following objectives:
``(1) Promoting economic growth in high-wage, high-
technology industries and preserving the industrial and
technical skill base.
``(2) Promoting economic growth through further reduction
of the Federal budget deficit that, by reducing the public
sector demand for capital, increases the amount of capital
available for private investment and job creation in the
civilian sector.
``(3) Bolstering the national technology base, including
supporting and exploiting critical technologies with both
military and civilian application.
``(4) Supporting retraining of separated military, defense
civilian, and defense industrial personnel for jobs in
activities important to national economic growth and security.
``(5) Assisting those activities being undertaken at the
State and local levels to support defense economic
reinvestment, conversion, adjustment, and diversification
activities.
``(6) Assisting small businesses adversely affected by
reductions in defense expenditures.''.
(b) Consideration of Defense Reinvestment, Diversification, and
Conversion Objectives.--Chapter 148 of title 10, United States Code, is
amended--
(1) in sections 2505(a), 2505(b), 2511(a), 2511(f)(1),
2512(a), 2512(e)(1), 2513(a), 2516(b), 2522(a), and 2523(b)(1),
by striking out ``national security objectives set forth in
section 2501(a)'' each place it appears and inserting in lieu
thereof ``objectives set forth in subsections (a) and (b) of
section 2501'';
(2) in section 2505(b)(1), by striking out ``section
2501(a)'' and inserting in lieu thereof ``section 2501''; and
(3) in section 2514(a), by striking out ``section 2501(a)''
and inserting in lieu thereof ``subsections (a) and (b) of
section 2501''.
SEC. 1314. DEFENSE TECHNOLOGY REINVESTMENT PROJECTS FOR FISCAL YEAR
1994.
(a) Projects for Fiscal Year 1994.--Using funds made available
pursuant to section 1302(a), the Secretary of Defense shall carry out
during fiscal year 1994 defense technology reinvestment projects in
cooperation with partnerships and other cooperative arrangements
established pursuant to chapter 148 of title 10, United States Code, in
the technology focus areas described in subsection (b) or involving
technologies that otherwise meet the objectives set forth in section
2501 of this title. Nothing in this section shall be construed to
preclude continued support for defense technology reinvestment projects
in technology focus areas identified during the solicitation conducted
during fiscal year 1993.
(b) Description of Technology Focus Areas.--The technology focus
areas referred to in subsection (a) are the following:
(1) Ocean thermal energy conversion.
(2) Advanced antenna technology.
(3) Noncooled, pyroelectric thermal imaging systems.
(4) Advanced wind power systems.
(5) Parallel processing technologies.
(6) Photovoltaic energy storage systems.
(7) Direct satellite radio broadcasting.
(8) Solar furnace environmental remediation technologies.
(9) Robotic excavation and tunnelling technologies.
(10) Marine biotechnology.
(11) Automated manufacturing technology for composites.
(12) Earthquake-resistant bridge composites.
(13) Advanced automatic train control systems technologies.
(14) Statewide defense conversion economic development
networks for transition services, retraining, and business
diversification.
(15) Other technology areas that would further the
objectives set forth in section 2501 of title 10, United States
Code.
(c) Consultation.--In carrying out defense technology reinvestment
projects during fiscal year 1994, the Secretary of Defense shall
consult with the heads of other Federal agencies conducting similar
projects in the technology focus areas described in subsection (b).
(d) Made-in-America Requirement.--The Secretary of Defense shall
ensure that each partnership or other cooperative arrangement
established pursuant to chapter 148 of title 10, United States Code, to
carry out a defense technology reinvestment project during fiscal year
1994 includes an agreement that any manufacturing resulting from the
project shall occur in the United States and benefit workers in the
United States.
(e) Acceptable Standards of Quality.--If the Secretary of Defense
determines that the proposals received as a result of a solicitation
for defense technology reinvestment projects in a technology focus area
described in subsection (b) do not meet an acceptable standard of
quality established by the Secretary, nothing in this section shall be
construed to require the Secretary to carry out projects in that
technology focus area. The Secretary shall make a determination under
this subsection after consultation with the Defense Technology
Conversion Council. The Secretary shall promptly notify Congress of
each determination not to carry out projects in a particular technology
focus area.
(f) Use of Competitive Selection Procedures.--Funds authorized to
be made available for defense technology reinvestment projects selected
as a result of the authority provided by subsection (a) shall be made
available to those projects only if a competitive selection process was
used to select the projects.
SEC. 1315. EXPANSION OF PURPOSES OF DEFENSE ADVANCED MANUFACTURING
TECHNOLOGY PARTNERSHIPS.
Section 2522 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``research and development''
and inserting in lieu thereof ``research, development,
or deployment''; and
(B) by adding at the end the following new
sentence: ``The cooperative arrangements authorized by
this section may include a cooperative arrangement with
an industry-led, large-scale research and development
consortium to establish and administer long-term
partnerships under this section.''; and
(2) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) The extent to which the partnerships provide for the
large-scale deployment of advanced manufacturing
technologies.''.
SEC. 1316. DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM.
(a) Expansion of Businesses Eligible for Loan Guarantees.--
Subsection (b)(3) of section 2524 of title 10, United States Code, is
amended--
(1) by striking out ``small businesses'' and inserting in
lieu thereof ``small- and medium-sized business concerns''; and
(2) by inserting ``subsection (e) and'' before ``other
applicable law''.
(b) Special Rules for Loan Guarantees.--Subsection (e) of such
section is amended to read as follows:
``(e) Terms and Conditions For Loan Guarantees.--(1) The Secretary
shall carry out subsection (b)(3) through the Under Secretary of
Defense for Acquisition and Technology, who may consult with and seek
technical assistance from other Federal agencies in order to
effectively issue loan guarantees under such subsection. Such loan
guarantees shall be issued for the purpose of assisting small- and
medium-sized business concerns that are economically dependent on
defense expenditures to secure financing for projects--
``(A) to achieve the final development and
commercialization of defense-oriented technologies for
nonmilitary use by the business concern; and
``(B) to diversify the operations of the business concern
toward greater emphasis on production or services for
nonmilitary use.
``(2) A business concern shall be considered to be a small- or
medium-sized business concern for purposes of this subsection and
subsection (b)(3) if the business concern has not more than 2,500 full-
time employees or their equivalent. A business concern shall be
considered to be economically dependent on defense expenditures for
purposes of this subsection and subsection (b)(3) if the business
concern--
``(A) has a substantial prior history of conducting much of
its sales and business with Department of Defense over the
life, or a substantial portion of the life, of the business
concern; and
``(B) can reasonably demonstrate that it, in at least two
of the last seven years immediately preceding the application
for a loan guarantee--
``(i) obtained at least 50 percent of its gross
income from contracts or subcontracts to provide
material or services to the Department of Defense; or
``(ii) incurred a significant reduction in its
gross income as a result the termination or completion
of contracts or subcontracts to provide material or
services to the Department of Defense.
``(3) The maximum amount of loan principal that the Secretary may
guarantee under subsection (b)(3) with respect to any loan may not
exceed $10,000,000. The maximum percentage of the loan principal that
the Secretary may guarantee with respect to any loan shall be
established by the Secretary, except that the percentage established
may not exceed 85 percent of the principal.
``(4) Loan guarantees shall be issued under subsection (b)(3) on a
competitive basis after consideration of the following criteria:
``(A) Whether credit is not otherwise commercially
available under reasonable terms and conditions.
``(B) The applicability of the program to be funded by the
loan to the technology areas outlined in the Technology
Reinvestment Project proposed by the President on March 10,
1993.
``(C) The ability of the program to preserve or enhance
critical technology and national technology and industrial base
skills.
``(D) The market potential of any product or technology to
be developed using the loan.
``(E) The importance of the program to future United States
economic competitiveness and the economic strength of the
United States.
``(F) The economic viability and perceived ability of the
business concern to repay the loan.
``(G) The technical soundness of the proposal.
``(H) The selection criteria specified in subsection (f).
``(5) The Secretary shall give a preference in issuing loan
guarantees under subsection (b)(3) to an application by a business
concern to carry out a program to commercialize a product or technology
that is already developed or proven at the time the application is
submitted over programs to carry out solely research and development
activities.
``(6) The provisions of law relating to default on loans guaranteed
by the Administrator of the Small Business Administration under the
Small Business Act (15 U.S.C. 631 et seq.) shall apply if the United
States is obligated to make reimbursing payments to a commercial
creditor under a loan guarantee issued to a business concern under
subsection (b)(3). In addition, the President shall prohibit the
business concern involved in the default, and any successor of the
business concern, from bidding on or receiving for a 3-year period any
contract or subcontract to provide material or services to the Federal
Government.''.
(c) Conforming Amendment.--Subsection (f) of such section is
amended by inserting after ``Selection Criteria.--'' the following new
sentence: ``Competitive procedures shall be used in the selection of
programs to receive assistance under this section.''.
SEC. 1317. 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) Except as provided in paragraph (2), the Secretary
of Defense shall ensure that the amount of funds provided by the
Secretary to a partnership does not exceed 50 percent of the total cost
of partnership activities.
``(2) The Secretary may increase the Federal share of the costs of
partnership activities to not more than 70 percent of such costs in the
case of a partnership in which the entity proposing the partnership and
a majority of the non-Government participants--
``(A) are small business concerns; and
``(B) are determined by the Secretary to have individually
contributed a significant equity percentage toward the non-
Federal contribution in relation, if applicable, to the
participants that are not small business concerns.
``(3) The Secretary shall 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. 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, and any such funds so used shall be included in
calculating the non-Federal Government share of such costs, unless the
small business concern is participating in a partnership receiving the
financial commitment arrangement authorized in paragraph (2) and 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)
of such title is amended to read as follows:
``(c) Financial Commitment of Non-Federal Government
Participants.--(1) Except as provided in paragraph (2), the Secretary
shall ensure that the amount of funds provided by the Secretary to a
partnership does not exceed 50 percent of the total cost of partnership
activities.
``(2) The Secretary may increase the Federal share of the costs of
partnership activities to not more than 70 percent of such costs in the
case of a partnership in which the entity proposing the partnership and
a majority of the non-Government participants--
``(A) are small business concerns; and
``(B) are determined by the Secretary to have individually
contributed a significant equity percentage toward the non-
Federal contribution in relation, if applicable, to the
participants that are not small business concerns.
``(3) The Secretary shall 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. 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, and any such funds so used shall be included in
calculating the non-Federal Government share of such costs, unless the
small business concern is participating in a partnership receiving the
financial commitment arrangement authorized in paragraph (2) and 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
of such title is amended--
(1) by adding at the end of subsection (d) the following
new paragraph:
``(4) The Secretary may increase the amount of assistance provided
under paragraph (1) up to an amount not exceeding 70 percent of the
cost of the activities of a regional technology alliance in the case of
a regional technology alliance in which the entity proposing the
alliance and a majority of the non-Government participants--
``(A) are small business concerns; and
``(B) are determined by the Secretary to have individually
contributed a significant equity percentage toward the non-
Federal contribution in relation, if applicable, to the
participants that are not small business concerns.''; and
(2) in subsection (e)--
(A) by inserting after ``50 percent'' the
following: ``(or 30 percent if additional assistance is
provided under subsection (d)(4))''; and
(B) by adding at the end the following new
paragraph:
``(3) The Secretary shall 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. 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 a regional technology alliance, and any such funds so used
shall be included in calculating the non-Federal Government share of
such costs, unless the small business concern is participating in a
alliance receiving the financial commitment arrangement authorized in
subsection (d)(4) and the Secretary determines that the small business
concern has not made a significant equity percentage contribution in
the alliance from non-Federal sources.
(d) Manufacturing Extension Programs.--Section 2523(b)(3) of such
title is amended--
(1) by striking out subparagraph (A) and inserting in lieu
thereof the following new subparagraph:
``(A) The amount of financial assistance furnished to a
manufacturing extension program under this subsection may not exceed 50
percent of the total cost of the program, except that the Secretary may
increase the Federal share to not more than 70 percent of such costs in
the case of a program in which the entity proposing the program and a
majority of the non-Government participants are small business concerns
and are determined by the Secretary to have individually contributed a
significant equity percentage toward the non-Federal contribution in
relation, if applicable, to the participants that are not small
business concerns. Financial assistance shall be provided to a
recipient program for a period of five years unless such financial
assistance is earlier terminated for good cause. Recipients of such
financial assistance shall be required to report to the Secretary
annually beginning one year after the date that such financial
assistance is initiated. Such report shall include a description of the
progress of the recipient program in meeting the objectives set out in
paragraph (1).''; and
(2) by adding at the end the following new subparagraph:
``(D) The Secretary shall 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. 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 the program, and any such funds so used shall be included
in calculating the non-Federal Government share of such costs, unless
the small business concern is participating in a program receiving the
increased Federal share arrangement authorized in subparagraph (A) and
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) Except as provided in paragraph (2), 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 increase the Federal share of the costs of
a program under this section to not more than 70 percent of such costs
in the case of a program in which the entity proposing the program and
a majority of the non-Government participants--
``(A) are small business concerns; and
``(B) are determined by the Secretary to have individually
contributed a significant equity percentage toward the non-
Federal contribution in relation, if applicable, to the
participants that are not small business concerns.
``(3) The Secretary shall 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. 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 the program, and any such funds so used shall be included
in calculating the non-Federal Government share of such costs, unless
the small business concern is participating in a program receiving the
financial commitment arrangement authorized in paragraph (2) and 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 (k).
``(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
determined, when compared to the other non-Federal
participants, 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.''.
SEC. 1318. 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 striking out paragraph (4) and inserting in lieu
thereof the following new paragraphs:
``(4) The potential for the regional technology alliance to
combine financial assistance provided under this section with
assistance available from other Federal, State, or local
agencies, institutions of higher education, and private
nonprofit entities.
``(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.''.
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.
(c) Feasibility Study to Guarantee Assistance to Adversely Affected
Communities.--(1) 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.
(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. The report shall include--
(A) an estimate of the amount of the projected savings
described in paragraph (1) to be realized by the Department of
Defense as a result of each base closure or major realignment
underway or announced as of the date of the enactment of this
Act; and
(B) a recommendation regarding the funding sources within
the budget for the Department of Defense from which amounts for
the grants described in paragraph (1) could be derived.
(3) For purposes of this subsection, the term ``base closure law''
means each of 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).
SEC. 1322. ASSISTANCE FOR COMMUNITIES ADVERSELY AFFECTED BY
CATASTROPHIC OR MULTIPLE BASE CLOSURES OR REALIGNMENTS.
(a) Assistance.--Section 2391 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(f) Emphasis on Communities with Catastrophic or Multiple Base
Closures or Realignments.--(1) Not less than 50 percent of the funds
made available for a fiscal year to carry out subsection (b) 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--
``(A) 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 under the base closure laws; or
``(B) to be adversely affected by the realignment or
closure of more than one military installation under the base
closure laws.
``(2) To the extent practicable, the amount of assistance provided
under subsection (b) in a fiscal year to assist a community described
in paragraph (1) that is selected to receive such assistance in that
fiscal year should be not less than--
``(A) $1,000,000 to plan community adjustments and economic
diversification; and
``(B) $5,000,000 to carry out a community adjustments and
economic diversification program.''.
(b) Time for Consideration of Applications.--Subsection (b) of such
section is amended by adding at the end the following new paragraphs:
``(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 before the end of--
``(A) 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; and
``(B) the 30-day period beginning on such date, in the case
of an application for assistance to carry out a community
adjustments and economic diversification program.
``(7) In attempting to complete consideration of applications
within the time periods specified in paragraph (6), the Secretary shall
give priority to those applications requesting assistance for a
community described in subsection (f)(1). If an application is rejected
by the Secretary, the Secretary shall promptly inform the State or
local government of the reasons for the rejection of the
application.''.
(c) Definition.--Subsection (d) of such section is amended by
adding at the end the following new paragraph:
``(3) The term `base closure laws' means--
``(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 this title; and
``(D) any other similar law enacted after October
1, 1993.''.
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. 1091 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), $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. 1091 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.
SEC. 1324. CONSIDERATION OF LOCAL AND REGIONAL ECONOMIC NEEDS AS PART
OF THE DISPOSITION OF REAL PROPERTY AND FACILITIES UNDER
BASE CLOSURE LAWS.
(a) Consideration of Economic Needs.--In order to maximize local
and regional benefit from the reuse of military installations that are
closed or realigned, or selected for closure or realignment, pursuant
to the operation of a base closure law, the Secretary of Defense shall
incorporate locally and regionally delineated economic development
needs and priorities into the disposition process by which the
Secretary disposes of real property and facilities as part of the
closure or realignment of a military installation under a base closure
law. In determining such needs and priorities, the Secretary shall use
the community base reuse plan developed for the military installation
involved.
(b) Cooperation.--The Secretary shall cooperate with the State in
which a military installation referred to in subsection (a) is located,
with the entity established to develop a community base reuse plan for
the installation, and with local governments and other interested
persons in communities located near the installation to implement the
entire disposition process of real property and facilities at the
installation.
(c) Economic Development Criteria.--In evaluating the highest and
best reuse options for real property and facilities at a military
installation referred to in subsection (a), the Secretary shall employ
the following economic development criteria:
(1) The creation of jobs, including manufacturing and other
primary labor market jobs.
(2) A significant economic multiplier effect on the local
and regional economies.
(3) A significant direct economic impact on the local and
regional economies through future contracting for goods and
services, and construction activities.
(4) New tax revenue generated to the State and locality.
(5) The creation, rehabilitation, operation, and
maintenance of local infrastructure.
(6) The incorporation of local and regional economic
development needs and priorities into the reuse plan.
(7) The economic viability of the proposed development.
(8) The timely economic impact of the proposed development.
(9) Need for public financial assistance to acquire or
develop the property.
(d) Priorities.--The criteria specified in subsection (d) shall be
prioritized at the local and regional level for each military
installation referred to in subsection (a) to establish a site specific
weighting system for individual objectives. These criteria shall be
considered to be costs or benefits depending upon the degree to which
priorities are met. The highest and best use for real property and
facilities at the installation shall be considered to be the reuse
option that produces the greatest benefit according to these criteria.
(e) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means each of 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) The term ``disposition process'' includes scheduling,
planning, economic, environmental, and infrastructure
assessments, market research, marketing programs, permit
procedures, and transfers of real and personal property carried
out as part of the disposition of real property and facilities
at a military installation closed or realigned under a base
closure law.
SEC. 1325. 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
conducting studies regarding the feasibility of converting and
reutilizing the following military shipyards as facilities primarily
oriented toward commercial use:
(1) Charleston Naval Shipyard, South Carolina.
(2) Mare Island Naval Shipyard, California.
(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 C--Personnel Adjustment, Education, and Training Programs
SEC. 1331. CONTINUATION OF TEACHER AND TEACHER'S AIDE PLACEMENT
PROGRAMS.
(a) Placement Programs Required.--(1) Section 1151 of title 10,
United States Code, is amended--
(A) in subsection (a), by striking out ``may'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``shall'' and;
(B) in subsections (b), (c)(1), (e)(1), and (f), by
striking out ``program authorized'' each place it appears and
inserting in lieu thereof ``program required''.
(2) Section 1598 of such title is amended--
(A) in subsection (a), by striking out ``may'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``shall''; and
(B) in subsections (b)(1) and (f), by striking out
``program authorized'' both places it appears and inserting in
lieu thereof ``program required''.
(3) Section 2410j of such title is amended--
(A) in subsection (a), by striking out ``may'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``shall offer to''; and
(B) in subsection (b)(1), by striking out ``agreement
authorized'' and inserting in lieu thereof ``agreement entered
into''.
(b) Coverage of Certain Members Inadvertently Excluded.--Section
1151(e)(1) of such title, as amended by subsection (a)(1)(B), is
further amended by inserting before the period at the end of the first
sentence the following: ``or within one year after the date of the
discharge or release''.
(c) Extension of Period of Required Service.--(1) Section 1151 of
such title, as amended by subsection (a)(1), 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.--Section 1151(h)(3)(B) 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.--Section 1151(h)(1) of such is amended by striking out
``shall'' and inserting in lieu thereof ``may''.
(f) 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 required by 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 OF THE ARMED FORCES 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:
``Sec. 1152. Assistance to separated members to obtain employment with
law enforcement agencies
``(a) Placement Program.--The Secretary of Defense shall establish
a program to assist eligible members of the armed forces to obtain
employment by 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 is
given early retirement under 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 four-year period beginning on October 1, 1993;
``(B) has a military occupational specialty, training, or
experience related to law enforcement, such as service as a
member of the military police; and
``(C) 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
before 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 assist eligible members selected under subsection (c) to
obtain suitable employment with these agencies. Under the agreement,
the law enforcement agency shall agree to employ a participant in the
program on a full-time basis for at least a five-year period.
``(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.''.
(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:
``Sec. 1153. Assistance to separated members to obtain employment with
health care providers
``(a) Placement Program.--The Secretary of Defense shall establish
a program to assist eligible members of the armed forces to obtain
employment by 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 is
given early retirement under 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 four-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;
``(C) has a military occupational specialty, training, or
experience related to health care or is likely to be able to
obtain such training in a short period of time, as determined
by the Secretary; and
``(D) satisfies such other criteria for selection as the
Secretary 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
before 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 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 the agreement,
the provider shall agree to employ a participant in the program on a
full-time basis for at least a five-year period.
``(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
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 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.''.
(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 Required.--(1) The Secretary of Defense shall
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) Representatives of 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. 103(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) 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; 104
Stat. 1808; 10 U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 102 Stat. 2627; 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. REVISION TO IMPROVEMENTS TO EMPLOYMENT AND TRAINING
ASSISTANCE FOR DISLOCATED WORKERS.
The matter inserted by the amendment made by section 4467(f)(1) of
the Defense Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 106 Stat. 2751) is amended to
read as follows:
``(s)(1) Notwithstanding title II of the Federal Property and
Administrative Services Act of 1949 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. 1335. DEMONSTRATION PROGRAM FOR THE TRAINING OF RECENTLY
DISCHARGED VETERANS FOR EMPLOYMENT IN CONSTRUCTION AND IN
HAZARDOUS WASTE REMEDIATION.
(a) Establishment.--The Secretary of Defense shall 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 pursuant to 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 eligible veterans during a
period that does not exceed 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 subsection (b)(3) 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 whose primary or secondary occupational specialty in
the Armed Forces is (as determined under regulations prescribed by the
Secretary and in effect before the date of such separation) 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
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
with respect to veterans participating in the demonstration program
under this section may not exceed the amount of tuition charged to
nonveterans participating in programs substantially similar to such
demonstration program.
(h) Cap 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
hazardous waste remediation involved.
(i) Reports.--(1) Not later than November 1, 1994, the Secretary
shall submit an interim report to the Congress describing the manner in
which the demonstration program is being carried out under this
section, 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 a
final report to the Congress 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 deems appropriate.
(j) 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. 1336. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING.
(a) Authorization for Fiscal Year 1994.--(1) 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) 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.''.
(2) Section 4496 of such Act (106 Stat. 2769) is amended--
(A) in paragraph (1), by striking ``September 30, 1995''
and inserting ``September 30, 1996''; and
(B) in paragraph (2), by striking ``March 31, 1996'' and
inserting ``March 31, 1997''.
(b) Provision of Training Through Educational Institutions.--
Section 4489 of such Act (106 Stat. 2764) is amended 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. 1337. AMENDMENTS TO DEFENSE DIVERSIFICATION PROGRAM UNDER JOB
TRAINING PARTNERSHIP ACT.
(a) Demonstration Projects.--Section 325A(k)(1) of the Job Training
Partnership Act 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.''.
(b) Staff Training, Administration, and Coordination.--Section 325A
of the Job Training Partnership Act 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--Other Matters
SEC. 1341. ENCOURAGEMENT OF INDUSTRIAL DIVERSIFICATION PLANNING FOR
CERTAIN DEFENSE CONTRACTORS.
(a) Diversification Planning.--As part of each major defense
contract entered into by the Secretary of Defense, the Secretary shall
encourage that the contractor prepare an industrial diversification
plan for the defense-related operations of the contractor.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations to
carry out this section. With respect to major defense contracts, the
regulations required by this subsection shall supersede any regulations
prescribed by the Secretary pursuant to section 4239 of the Defense
Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 10 U.S.C. 2501 note).
(c) Major Defense Contractor Defined.--For purposes of this
section, the term ``major defense contract'' means any contract for
goods or services for the Department of Defense in an amount equal to
or greater than $5,000,000.
(d) Application of Planning Requirements.--Subsection (a) shall
apply with respect to major defense contracts entered into by the
Secretary on or after the date of the enactment of this Act.
(e) Studies Regarding Defense Conversion Market Creation.--(1) To
assist the defense diversification planning undertaken pursuant to
subsection (a), the Secretary shall sponsor not more than five studies
to identify economic sectors and strategies that will best facilitate
the process of defense conversion, diversification, and reinvestment.
The studies shall be conducted by nongovernmental entities selected
pursuant to a contract with the Secretary. An entity selected to
conduct a study under this subsection shall consult with
representatives of both management and employees of defense contractors
participating in industrial diversification planning pursuant to
subsection (a).
(2) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report describing the
results of the studies conducted pursuant to this subsection.
SEC. 1342. ENCOURAGEMENT FOR 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. 1343. REVISION TO REQUIREMENTS FOR NOTICE TO CONTRACTORS UPON
PROPOSED OR ACTUAL TERMINATION OF DEFENSE PROGRAMS.
Section 4471 of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (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
President's budget for the next fiscal year, the Secretary of Defense
and the Secretary of Energy shall each assess which major defense
programs (if any) under their respective jurisdictions are proposed to
be terminated or substantially reduced under the budget of the
President for the next fiscal year. As soon as reasonably practicable
after the date on which that budget is submitted to Congress pursuant
to section 1105 of title 31, United States Code, and not more than 180
days after such date, each such Secretary, in accordance with
regulations prescribed by that 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.--
``(1) Department of defense.--As soon as reasonably
practicable after 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--
``(A) 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
``(B) shall provide notice of the anticipated
termination of, or substantial reduction in, that
program--
``(i) directly to each prime contractor
under that program;
``(ii) directly to the Secretary of Labor;
and
``(iii) by general notice through
publication in the Federal Register.
``(2) Department of energy.--As soon as reasonably
practicable after the enactment of an Act appropriating funds
for national defense programs of the Department of Energy, and
not more than 180 days after such date, the Secretary of
Energy, in accordance with regulations prescribed by the
Secretary--
``(A) shall determine which major defense programs
(if any) of the Department of Energy 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
``(B) shall provide notice of the anticipated
termination of, or substantial reduction in, that
program--
``(i) directly to each prime contractor
under that program;
``(ii) directly to the Secretary of Labor;
and
``(iii) 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
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 in an amount in excess of
$100,000 under the contract, and (B) impose a similar notice
and pass through requirement to subcontractors in an amount in
excess of $100,000 at all tiers.
``(d) Six-Month Contractor Notice to Employees and Local Government
Before Layoffs.--A prime contractor receiving notice under subsection
(a) or (b) or a subcontractor receiving notice under subsection (c)
relating to a major defense program may not terminate the employment of
an individual as a result of the actual termination or substantial
reduction of that program until six months after the date on which the
contractor or subcontractor provides notice in writing of such
contractor or subcontractor's intent to terminate the employment of
such individual--
``(1) to that employee and, if there is a labor
representative of that employee, to that labor representative;
``(2) 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)) for the State within which that
individual resides; and
``(3) to the chief elected official of the unit of general
local government within which that individual resides.
``(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 or subcontractor 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, except where the
employer has specified that the termination of, or 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 and under paragraphs (1) through (14), (16), and
(18) of section 314(c) of such Act.
``(f) Withdrawal of Notification Upon Sufficient Funding for
Program To Continue.--
``(1) Notice to prime contractor.--In any case in which--
``(A) the Secretary of Defense or Secretary of
Energy has provided a notification under subsection (a)
with respect to a major defense program based upon the
budget of the President for any fiscal year; and
``(B) that Secretary determines, upon enactment of
an Act appropriating funds for the military functions
of the Department of Defense or for national defense
programs of the Department of Energy for that fiscal
year, as the case may be, that due to a sufficient
level of funding for the program having been provided
in that Act there will not be a termination of, or
substantial reduction in, that program,
that Secretary shall provide notice of withdrawal of the
notification provided under subsection (a) to each prime
contractor that received that notice under subsection (a). 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 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 in an
amount not less than $100,000 at any tier in a contract.
``(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 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 providing
training, adjustment assistance, and employment
services to an employee described in this paragraph.
``(4) Loss of eligibility.--An employee who receives notice
of withdrawal under paragraph (2) shall not be eligible for
training, adjustment assistance, and employment services under
section 325 or 325A of the Job Training Partnership Act
beginning on the date on which the employee receives the
notice.
``(g) Termination and Other Remedies for Failure To Give Required
Notice.--A contractor that willfully fails to provide notice as
required by any provision of this section may be subject to termination
for default of the instant contract, suspension, or debarment, or other
remedies as determined by the Secretary of Defense or Secretary of
Energy, as appropriate.
``(h) Definitions.--For purposes of this section:
``(1) Major defense program.--The term `major defense
program' means--
``(A) in the case of the Department of Defense, 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); and
``(B) in the case of the Department of Energy, a
program that meets the dollar threshold criteria for
treatment of a Department of Defense program as a major
system.
``(2) Substantial reduction.--The term `substantial
reduction', with respect to a major defense program, means a
reduction of 25 percent or more in the total dollar value of
contracts under the program.''.
SEC. 1344. REGIONAL RETRAINING SERVICES CLEARINGHOUSES.
(a) Establishment Required.--The Secretary of Labor, in
consultation with the Secretary of Defense, shall 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 have been
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 which have been prepared
for the purpose of providing information to eligible persons
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 such
educational institutions and other interested persons.
(d) Funding.--From funds made available under 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.
Subtitle E--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 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, as provided
in title XI of the Merchant Marine Act, 1936 (as amended by
this subtitle).
(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.
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.
SEC. 1355. ELIGIBLE SHIPYARDS.
(a) Eligibility.--To be eligible to receive any assistance or
otherwise to participate in any program carried out under the National
Shipbuilding Initiative, a shipyard must be located in the United
States and, in the case of a private shipyard, must be owned and
operated by a United States company.
(b) Definition of United States Company.--For purposes of this
section, the term ``United States company'' means a company that is not
owned or controlled, directly or indirectly, by citizens or nationals
of a foreign country. For purposes of the preceding sentence, a company
is owned or controlled directly or indirectly by citizens or nationals
of a foreign country if--
(1) 50 percent or more of the voting stock of the company
is owned by one or more citizens or nationals of the foreign
country;
(2) the title to 50 percent or more of the stock of the
company is held subject to trust or fiduciary obligations in
favor of one or more citizens or nationals of the foreign
country;
(3) 50 percent or more of the voting stock of the company
is vested in or exercisable on behalf of one or more citizens
or nationals of the foreign country; or
(4) in the case of a corporation--
(A) the number of its directors necessary to
constitute a quorum are citizens or national of the
foreign country; or
(B) the corporation is organized under the laws of
the foreign country or any subdivision, territory, or
possession thereof.
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, convention, or other international
agreement entered into after the date of the enactment of the
Shipbuilding 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 such eligible
export 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 eligible export vessel
agrees with the Secretary that the vessel shall not be
transferred to any country designated by the Secretary
as a country whose interests are hostile to the
interests of the United States.''; and
(E) by adding at the end the following new
subsection:
``(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
1111(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.''.
(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. 1111. (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
1111(d)(3)).''.
SEC. 1358. FUNDING FOR CERTAIN LOAN GUARANTEE COMMITMENTS FOR FISCAL
YEAR 1994.
(a) Funding.--Amounts appropriated to the Secretary of Defense
pursuant to the authorization of appropriations in section 109 shall be
available only for transfer to the Secretary of Transportation. Of such
amounts--
(1) $175,000,000 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
section 1104A(a)(1) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1274(a)(1)), as amended by section 1356, for vessels of
at least 10,000 gross tons that are commercially marketable on
the international market (including eligible export vessels);
and
(2) $25,000,000 shall be available only for costs (as
defined in section 502 of the Federal Credit Reform Act of
1990) of new loan guarantee commitments under section 1111 of
the Merchant Marine Act, 1936, as added by section 1357.
(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.
SEC. 1359. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorizations for Department of 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 1358, of which--
(1) $8,000,000 shall be for administrative costs related to
new loan guarantee commitments described in paragraph (1) of
that subsection; and
(2) $2,000,000 shall be for administrative costs related to
new loan guarantee commitments described in paragraph (2) of
that subsection.
(b) Availability of Amounts.--Amounts appropriated under the
authority of this section shall remain available until expended.
SEC. 1360. RESTRICTION ON USE OF DEFENSE CONVERSION FUNDS FOR THE SALE
OR TRANSFER OF DEFENSE ARTICLES OR DEFENSE SERVICES.
(a) Restriction.--Except as provided in subsection (b), none of the
funds appropriated pursuant to an authorization of appropriations in
this Act and made available for defense conversion programs may be used
to finance (whether directly or through the use of loan guarantees) the
sale or transfer to foreign countries or foreign entities of any
defense article or defense service, including defense articles and
defense services subject to section 38 of the Arms Export Control Act
(22 U.S.C. 2778).
(b) Civilian-End Use.--The Secretary of Defense may grant
exemptions from the restriction of subsection (a) with respect to sales
or transfers of defense articles or defense services for civilian end-
use.
(c) Definitions.--For purposes of this section:
(1) The term ``defense article'' has the meaning given that
term in paragraph (3) of section 47 of the Arms Export Control
Act (22 U.S.C. 2794).
(2) The term ``defense service'' has the meaning given that
term in paragraph (4) of such section.
TITLE XIV--NATIONAL COMMISSION ON ROLES AND MISSIONS OF THE ARMED
FORCES
SEC. 1401. SHORT TITLE.
This title may be cited as the ``National Commission on Roles and
Missions of the Armed Forces Act''.
SEC. 1402. 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 Reauthorization 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. 1403. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established in the executive
branch of the Government a commission to be known as the National
Commission on Roles and Missions of the Armed Forces (hereinafter in
this title 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 President.
(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 President 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 President 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. 1404. DUTIES OF COMMISSION.
(a) In General.--Over the period of fiscal years 1994 through 1998,
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 assignments of those
roles, missions and functions; and
(3) make recommendations for changes in the current
definition and distribution of those roles, functions, and
missions.
(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) Limited military action for political effect.
(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) Definition of 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 determine 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) civilian control of the military;
(8) the degree of disruption that a change in roles and
missions would entail; and
(9) the experience of other nations.
The Commission shall evaluate the costs and benefits of unifying the
Armed Forces into a single military service as a baseline for assessing
the maximum benefits that may be achieved from less sweeping reforms.
(e) Recommendations Concerning Military Roles and Missions.--Using
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, functions, and
mission.
(g) Recommendations Concerning Process for Future Changes.--The
Commission shall also recommend a process for maintaining roles,
missions, and functions in congruence with the strategic environment as
it changes in the future.
SEC. 1405. REPORTS.
(a) Implementation Plan.--Not later than three months after the
date on which the Commission is established, the Commission shall
transmit to the Committees on Armed Services of the Senate and House of
Representatives a report setting forth a multiyear plan for the work of
the Commission, including the subjects to be addressed in the program
of the Commission for each year of its existence. 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) Annual Report.--The Commission shall, not later than March 1 of
each year from 1995 through 1999, submit to the committees named in
subsection (a) a report setting forth the activities of the Commission
during the preceding year and any recommendations for legislation that
the Commission considers advisable. The Commission shall submit a
preliminary version of each such annual report to the Secretary of
Defense and Chairman of the Joint Chiefs of Staff not later than
December 25 of the preceding year, and the Secretary and Chairman shall
submit comments thereon to the Commission not later than the following
February 1.
(c) Assessment of Implementation.--In each report under subsection
(b) after the first, the Commission shall include its assessment of the
performance of the Department of Defense to that date in carrying out
any recommendations made by the Commission in any previous reports
under this section.
(d) Coordination with Triennial JCS Roles and Missions Report.--Any
report of the Chairman of the Joint Chiefs of Staff under section
153(b) of title 10, United States Code, that is submitted to the
Secretary of Defense during the period of the existence of the
Commission shall also be submitted to the Commission. In its next
report under subsection (b) after receiving any such report of the
Chairman of the Joint Chiefs of Staff, the Commission shall provide its
assessment of the Chairman's report.
SEC. 1406. 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 title, 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 subpart. Upon
request of the chairman of the Commission, the head of such department
or agency shall furnish such information expeditiously to the
Commission.
SEC. 1407. 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 title.
SEC. 1408. 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 approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule pay
rates, except that the rate of pay fixed under this paragraph for the
staff 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. 1409. 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. 1410. 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. 1411. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which it
submits its final report under section 1405.
TITLE XV--NATIONAL COMMISSION ON ARMS CONTROL
SEC. 1501. SHORT TITLE.
This title may be cited as the ``National Commission on Arms
Control Act''.
SEC. 1502. FINDINGS.
Congress finds that--
(1) the global proliferation of strategic and conventional
military weapons and related equipment and the technology
necessary to produce such weapons and equipment undermines
regional security and international stability;
(2) regional arms races involving such military weapons and
related equipment diverts vital resources from economic
development and increases the risk of aggressive and preemptive
war;
(3) national self-restraint in the export of such military
weapons and related equipment requires multilateral
cooperation; and
(4) as a world leader, the United States has a
responsibility to help stop such global proliferation and guide
all countries toward a safer world.
SEC. 1503. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on Arms Control'' (in this title referred to as the
``Commission'').
SEC. 1504. DUTIES.
(a) Study.--The Commission shall conduct a study of the factors
which contribute to the global proliferation of strategic and
conventional military weapons and related equipment and the technology
necessary to produce such weapons and equipment.
(b) Conduct of Study.--In carrying out the study under subsection
(a), the Commission shall--
(1) identify those factors contributing to global weapons
proliferation which can be most effectively regulated;
(2) study the factors essential to promoting and
implementing a policy of redirecting and converting existing
foreign and domestic defense industries from the production of
strategic and conventional military weapons and related
equipment to the production and distribution of non-military
goods and services;
(3) examine the training program options required for
defense industry personnel likely to be directly affected by
any program aimed at conversion of defense industries to
civilian purposes;
(4) identify and assess policy approaches the United States
could utilize to discourage transfers of strategic and
conventional military weapons and related equipment and the
technology necessary to produce such weapons and equipment to
developing nations;
(5) assess the effectiveness of current multilateral
efforts to control transfers of such military weapons and
related equipment and the technology necessary to produce such
weapons and equipment to developing nations; and
(6) identify and examine methods by which the United States
could independently discourage transfers of such military
weapons and related equipment and the technology necessary to
produce such weapons and equipment to developing nations,
including placing conditions on assistance provided by the
United States to such developing nations.
SEC. 1505. MEMBERSHIP.
(a) Voting Members.--
(1) Number and appointment.--The Commission may be composed
of 12 voting members, to be appointed not later than 60 days
after the date of the enactment of this Act, as follows:
(A) 4 members appointed by the President.
(B) 2 members appointed by the majority leader of
the Senate.
(C) 2 members appointed by the minority leader of
the Senate.
(D) 2 members appointed by the Speaker of the House
of Representatives.
(E) 2 members appointed by the minority leader of
the House of Representatives.
(2) Qualifications.--The voting members shall be chosen
from among individuals with expertise in defense issues,
defense conversion, worker training, arms control, diplomacy or
international affairs, business, and international economics.
(b) Nonvoting Members.--The Commission may appoint not more than 6
nonvoting members who shall be chosen from among--
(1) individuals with expertise in defense conversion and
worker training; and
(2) executives from the defense industry, financial
institutions, and entities organized for the purpose of
conducting interdisciplinary research in political, economic,
and social issues.
(c) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member may be paid at a rate not to exceed the daily
equivalent of the annual rate of basic pay payable for grade
GS-17 of the General Schedule under section 5332 of title 5,
United States Code, for each day during which such member is
engaged in the actual performance of duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Except as provided in subsection (e), members of the Commission
who are full-time officers or employees of the United States
may not receive additional pay, allowances, or benefits, by
reason of their service on the Commission.
(e) Travel Expenses.--Each member may receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(f) Quorum.--A majority of the voting members of the Commission
shall constitute a quorum, but a lesser number may hold hearings.
(g) Chairperson.--The Chairperson of the Commission shall be
elected by a majority of the voting members.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 1506. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission may have a Director, who shall be
appointed by the Chairperson. The Director may be paid at a rate not to
exceed the maximum rate of basic pay payable for GS-16 of the General
Schedule under section 5332 of title 5, United States Code.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of additional personnel as the
Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the annual
rate of basic pay payable for GS-16 of the General Schedule.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum annual
rate of basic pay payable for GS-17 of the General Schedule.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency may detail, on a reimbursable basis, any of
the personnel of the agency to the Commission to assist the Commission
in carrying out its duties under section 1504.
SEC. 1507. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out section 1504, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate. The Commission may administer oaths or
affirmations to witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any Federal agency any information necessary to enable the
Commission to carry out section 1504. Upon request of the Chairperson
of the Commission, the head of the agency shall furnish such
information to the Commission to the extent such information is not
prohibited from disclosure by law.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for the purpose
of conducting research or surveys necessary to enable the Commission to
carry out its duties under section 1504, and for other services.
SEC. 1508. REPORT.
Not later than 18 months after the date on which the initial
members of the Commission have been appointed under section 1505(a),
the Commission shall submit a report to the President and the Congress
which shall contain--
(1) a detailed statement of the findings and conclusions of
the study conducted under section 1504; and
(2) recommendations to support and undertake both
unilateral and multilateral initiatives to--
(A) stop the global proliferation of strategic and
conventional military weapons and related equipment and
the technology necessary to produce such weapons and
equipment; and
(B) promote and implement the conversion of
existing foreign and domestic defense industries from
the production of strategic and conventional military
weapons and related equipment to the production of non-
military goods and services.
SEC. 1509. TERMINATION.
The Commission shall terminate 30 days after submitting its report
pursuant to section 1508.
SEC. 1510. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal years 1993 and
1994 such sums as may be necessary to carry out this title.
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 ...........................
Arizona.................... Fort Huachuca.................... $8,850,000 ...........................
California................. Fort Irwin....................... $5,900,000 ...........................
Colorado................... Fort Carson...................... $4,050,000 ...........................
Fitzsimons Medical Center........ $10,000,000 ...........................
Georgia.................... Fort Benning..................... $37,650,000 ...........................
Fort Stewart..................... $18,800,000 ...........................
Hawaii..................... Schofield Barracks............... $18,600,000 ...........................
Kentucky................... Fort Campbell.................... $40,300,000 ...........................
Fort Knox........................ $41,350,000 ...........................
Maryland................... Aberdeen Proving Ground.......... $21,700,000 ...........................
Fort Detrick..................... $2,000,000 ...........................
Missouri................... Fort Leonard Wood................ $1,000,000 ...........................
Nevada..................... Hawthorne Army Ammunition Plant.. $7,000,000 ...........................
New Jersey................. Fort Monmouth.................... $7,500,000 ...........................
Picatinny Arsenal................ $11,050,000 ...........................
New Mexico................. White Sands Missile Range........ $3,300,000 ...........................
New York................... Fort Drum........................ $4,500,000 ...........................
United States Military Academy, ...........................
West Point....................... $13,800,000
North Carolina............. Fort Bragg....................... $118,690,000 ...........................
Oklahoma................... Fort Sill........................ $27,200,000 ...........................
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..................... $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
----------------------------------------------------------------------------------
(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 installations and locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
Country Installation or location Amount
Johnston Island............ Johnston Island................. $1,700,000 ............................
Kwajalein Atoll............ Kwajalein....................... $21,200,000 ............................
OCONUS Classified.......... Classified Locations............ $3,600,000 ............................
---------------------------------------------------------------------------------
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 .....................
Maryland.............. Fort Meade............ 275 units............. $26,000,000 .....................
Nevada................ Hawthorne Army $500,000 .....................
Ammunition Plant..... Demolition............
New York.............. U.S. Military Academy, $15,000,000 .....................
West Point........... 100 units.............
North Carolina........ Fort Bragg............ 224 units............. $18,000,000 .....................
Wisconsin............. Fort McCoy............ 16 units.............. $2,950,000 .....................
----------------------------------------------------------------------------------------
(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 $69,630,000.
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 $2,402,338,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $615,403,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $26,500,000.
(3) For the construction of the Ammunition 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),
$110,900,000.
(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, $115,161,000.
(6) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $220,885,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,150,089,000 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. 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
been fully operational for a period of six consecutive 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. AUTHORIZED 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................. Alameda Naval Air Station........ $4,700,000 ..........................
Barstow Marine Corps Logistics ..........................
Base............................ $8,690,000
Camp Pendleton Marine Corps Air ..........................
Station......................... $3,850,000
Camp Pendleton Marine Corps Base. $11,130,000 ..........................
El Toro Marine Corps Air Station. $1,950,000 ..........................
Fallbrook Naval Weapons Station ..........................
Annex........................... $4,630,000
Lemoore Naval Air Station........ $1,930,000 ..........................
Oakland Naval Supply Center...... $10,000,000 ..........................
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
San Diego Naval Training Center.. $700,000 ..........................
Twentynine Palms, Marine Corps ..........................
Air-Ground Combat Center........ $7,900,000
Connecticut................ New London Naval Submarine Base.. $40,940,000 ..........................
District of Columbia....... Washington COMNAVDIST............ $3,110,000 ..........................
Washington NRL................... $2,380,000 ..........................
Florida.................... Cecil Field, Naval Air Station... $1,500,000 ..........................
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 Tri-Training Facility.. $3,870,000 ..........................
Hawaii..................... Barbers Point Naval Air Station.. $4,050,000 ..........................
Honolulu NCTAMS EPAC............. $9,120,000 ..........................
Pearl Harbor NISMF............... $2,620,000 ..........................
Pearl Harbor Naval Submarine Base $54,140,000 ..........................
Pearl Harbor Public Works Center. $27,540,000 ..........................
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 Warfare ..........................
Center.......................... $3,400,000
Patuxent River Naval Air Warfare ..........................
Center.......................... $9,300,000
New Jersey................. Earle Naval Weapons Station...... $2,580,000 ..........................
Nevada..................... Fallon Naval Air Station......... $1,600,000 ..........................
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 ASO................. $1,900,000 ..........................
Philadelphia NISMF............... $8,660,000 ..........................
Philadelphia Naval Shipyard...... $13,500,000 ..........................
Rhode Island............... Newport Naval Education and ..........................
Training Center................. $18,300,000
South Carolina............. Beaufort Marine Corps Air Station $10,900,000 ..........................
Charleston Naval Weapons Station. $580,000 ..........................
Tennessee.................. Memphis Naval Air Station........ $2,050,000 ..........................
Texas...................... Corpus Christi Naval Air Station. $1,670,000 ..........................
Virginia................... Chesapeake MCSFBN NW............. $5,380,000 ..........................
Craney Island FISC Annex......... $11,740,000 ..........................
Norfolk Armed Forces College..... $8,800,000 ..........................
Norfolk COMOPTEVFOR.............. $8,100,000 ..........................
Norfolk NADEP.................... $17,800,000 ..........................
Norfolk Naval Air Station........ $12,270,000 ..........................
Norfolk Naval Station............ $3,000,000 ..........................
Norfolk Public Works Center...... $5,330,000 ..........................
Oceana Naval Air Station......... $7,100,000 ..........................
Portsmouth Norfolk Naval Shipyard $13,420,000 ..........................
Quantico MCCOMBDEV CMD........... $7,450,000 ..........................
Wallops Island NSURFWPN CND...... $10,170,000 ..........................
Washington................. Bangor Naval Submarine Base...... $3,100,000 ..........................
Everett Naval Station............ $34,000,000 ..........................
Keyport NUWC Division............ $8,980,000 ..........................
Various Locations.......... Wastewater Collection and ..........................
Treatment Facilities............ $3,260,000
Land Acquisition................. $540,000 ..........................
--------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out 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
MSCO......................................... $2,170,000
Anderson Air Force Base NAF.................. $7,310,000
Naval Magazine............................... $3,750,000
Naval Ocean Communication Center............. $690,000
Naval Station................................ $14,520,000
Fleet/Industrial Supply Center............... $22,440,000
Public Works Center.......................... $20,680,000
Italy................................... Naples NSA................................... $11,740,000
Sigonella Naval Air Station.................. $13,760,000
Spain................................... Rota Naval Station........................... $2,670,000
Various Locations....................... Host Nation Infrastructure Support........... $2,960,000
Land Acquisition............................. $800,000
---------------------------------------------------------------------------------------------------------
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:
Navy: Family Housing
State Installation
California.......................... San Diego Navy Public Works Center..
District of Columbia................ Washington Navy Public Works Center.
Florida............................. Pensacola Navy Public Works Center..
Georgia............................. Kings Bay NSB.......................
Maine............................... Brunswick NAS.......................
Virginia............................ Norfolk PWC/NAB Little Creek........
Oceana NAS..........................
Washington.......................... Bangor NAVSUBASE....................
United Kingdom...................... London NAVACTS......................
-----------------------------------------------------------------------
(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 $190,696,000.
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 $1,978,167,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $550,320,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $105,950,000.
(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, $78,573,000.
(5) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $367,769,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $860,055,000, 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) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation 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).
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................................. Gunter Air Force Base Annex.................. $4,680,000
Maxwell Air Force Base....................... $16,170,000
Alaska.................................. Eielson Air Force Base....................... $7,800,000
Elmendorf Air Force Base..................... $30,805,000
Arizona................................. Davis Monthan Air Force Base................. $7,350,000
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 Base.............. $21,500,000
Cheyenne Mountain Air Force Base............. $4,450,000
Peterson Air Force Base...................... $21,030,000
United States Air Force Academy.............. $11,680,000
Delaware................................ Dover Air Force Base......................... $7,760,000
District of Columbia.................... Bolling Air Force Base....................... $2,000,000
Florida................................. Cape Canaveral Air Force Station............. $19,200,000
Eglin Air Force Base......................... $12,050,000
Eglin Auxiliary Field No. 9.................. $7,829,000
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........................ $40,370,000
Hawaii.................................. Hickam Air Force Base........................ $10,250,000
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..................... $2,560,000
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 Jersey.............................. McGuire Air Force Base....................... $4,000,000
New Mexico.............................. Cannon Air Force Base........................ $11,915,000
Holloman Air Force Base...................... $9,200,000
Kirtland Air Force Base...................... $11,944,000
New York................................ Plattsburg Air Force Base.................... $5,100,000
North Carolina.......................... Pope Air Force Base.......................... $8,600,000
Seymour Johnson Air Force Base............... $5,380,000
North Dakota............................ Grand Forks Air Force Base................... $5,850,000
Minot Air Force Base......................... $2,000,000
Ohio.................................... Wright-Patterson Air Force Base.............. $27,650,000
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
Memphis Naval Air Station.................... $6,200,000
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.......................... $27,980,000
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
---------------------------------------------------------------------------------------------------------
(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 Field................ $3,400,000
Germany................................. Ramstein Air Base............................ $3,100,000
Greenland............................... Thule Air Base............................... $5,492,000
Guam.................................... Andersen Air Force Base...................... $4,100,000
Indian Ocean............................ Diego Garcia Air Base........................ $2,260,000
Oman.................................... Thumrait Air Base............................ $1,800,000
Turkey.................................. Incirlik Air Base............................ $2,400,000
United Kingdom.......................... RAF Mildenhall............................... $4,800,000
Classified.............................. Classified Location.......................... $5,500,000
---------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(7)(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
Alabama............................. Maxwell Air Force Base..............
Arkansas............................ Little Rock Air Force Base..........
California.......................... Vandenberg Air Force Base...........
Florida............................. Patrick Air Force Base..............
Tyndall Air Force Base..............
Georgia............................. Robins Air Force Base...............
Louisiana........................... Barksdale Air Force Base............
Massachusetts....................... Hanscom Air Force Base..............
Montana............................. Malmstrom Air Force Base............
Texas............................... Dyess Air Force Base................
Lackland Air Force Base.............
Virginia............................ Langley Air Force Base..............
Washington.......................... Fairchild Air Force Base............
Wyoming............................. F.E. Warren Air Force Base..........
Italy............................... Comiso Air Base.....................
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(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(7)(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)(7)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$61,181,000.
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 housing functions
of the Department of the Air Force in the total amount of
$2,031,428,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $794,492,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $33,852,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,844,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $63,882,000.
(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, $57,000,000.
(7) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $183,346,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $869,862,000 of which not more than
$118,266,000 may be obligated or expended for leasing
of military family housing units worldwide.
(8) 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. 2590), $10,000,000.
(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. RELOCATION OF AIR FORCE ACTIVITIES FROM SIERRA ARMY DEPOT,
CALIFORNIA, TO BEALE AIR FORCE BASE, CALIFORNIA.
(a) Student Dormitory.--Section 2301(a) of the National Defense
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 Force Base, $2,250,000.''
and inserting in lieu thereof the following: ``Beale Air Force
Base, $4,950,000.''.
SEC. 2306. 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. 2307. AUTHORITY TO TRANSFER FUNDS AS PART OF THE IMPROVEMENT OF
DYSART CHANNEL, LUKE AIR FORCE BASE, ARIZONA.
(a) Transfer Authority.--Subject to subsections (b) and (c), the
Secretary of the Air Force may transfer to Maricopa County, Arizona (in
this section referred to as the ``County''), funds appropriated for
fiscal years beginning after September 30, 1993, for a project,
authorized in section 2301(a) of this Act, to widen and make other
improvements to the Dysart Channel 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 County 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
County enter into an agreement that addresses cost sharing for the
widening and other improvements to be made to the 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) Acquisition of Real Property.--Any acquisition of real property
for the project described in subsection (a) by the County on behalf of
the Air Force shall require the approval of the Secretary of the Air
Force. Upon completion of the project, all right, title, and interest
in real property contiguous to the existing right-of-way so acquired
shall be transferred to the United States.
SEC. 2308. 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 such Act.
(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 high school, the renovation of an
elementary school, and the design and construction of a new
kindergarten and special education facility.
SEC. 2309. AUTHORITY TO TRANSFER FUNDS AS PART OF THE REPLACEMENT
FAMILY HOUSING PROJECT AT SCOTT AIR FORCE BASE, ILLINOIS.
(a) Transfer Authority.--Subject to subsection (b), the Secretary
of the Air Force may transfer to the County of St. Clair, Illinois (in
this section referred to as the ``County''), funds appropriated for the
construction of 1,068 units 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 to pay for the construction of a
replacement family housing complex for Scott Air Force Base at a
location acceptable to the Secretary of the Air Force.
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), 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
Defense Logistics Agency.................. Defense Reutilization and Marketing Office,
Defense Reutilization and Marketing Office,
March Air Force Base, California..............
Defense Fuel Support Point, Pearl Harbor,
Hawaii........................................
Defense Construction Supply Center, Columbia,
Ohio..........................................
Defense Electronic Supply Center, Dayton, Ohio.
Defense Reutilization and Marketing Office,
Hill Air Force Base, Utah.....................
Defense General Supply Center, Richmond,
Virginia......................................
Fort Belvoir, Virginia.........................
Marine Corps Air Station, Yuma, Arizona........
Defense Medical Facility Office........... Cannon Air Force Base, New Mexico..............
Edwards Air Force Base, California.............
Ellsworth Air Force Base, South Dakota.........
Fairchild Air Force Base, Washington...........
Fort Detrick, Maryland.........................
Fort Eustis, Virginia..........................
Fort Sam Houston, Texas........................
Grand Forks Air Force Base, North Dakota.......
Naval Education Training Center, Rhode Island..
Offutt Air Force Base, Nebraska................
National Security Agency.................. Fort Meade, Maryland...........................
Office Secretary of Defense............... Various Locations, Special Activities, Air
Force.........................................
Section 6 Schools......................... Camp Lejeune, North Carolina...................
Fort Bragg, North Carolina.....................
Fort Campbell, Kentucky........................
Fort Knox, Kentucky............................
Fort McClellan, Alabama........................
Quantico Marine Corps Base, Virginia...........
Robins Air Force Base, Georgia.................
Special Operations Force.................. Eglin Auxiliary Field No. 9, Florida...........
Fort Campbell, Kentucky........................
Fort Bragg, North Carolina.....................
Little Creek Naval Amphibious Base, Virginia...
Olmstead Field, Pennsylvania...................
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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
Defense Logistics Agency.................. Diego Garcia...................................
Roosevelt Roads, Puerto Rico...................
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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 $4,198,684,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $271,057,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $15,358,000.
(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), $75,000,000.
(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),
$48,140,000.
(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, $60,000,000.
(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), $127,870,000.
(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 selected for closure
or realignment in 1991, $2,200,500,000.
(B) For military installations selected for closure
or realignment in 1993, $1,306,000,000.
(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 the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a) and subsection (b).
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 $240,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Authorization of Appropriations.--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, $229,023,000; and
(B) for the Army Reserve, $88,433,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $20,591,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $218,114,000; and
(B) for the Air Force Reserve, $84,004,000.
(b) Increase in Army National Guard Authorization.--The amount
provided in subsection (a)(1)(A) for the Army National Guard of the
United States is hereby increased by $4,867,000.
(c) Offsetting Reduction.--The amount provided in section 2104(a)
for military construction, land acquisition, and military family
housing functions of the Department of the Army, and the amount
provided in paragraph (3) of such section for construction of the
Chemical Demilitarization Facility, Anniston Army Depot, Alabama, are
each hereby reduced by $4,867,000.
SEC. 2602. TERMINATION OF AUTHORITY TO CARRY OUT LAND ACQUISITION FOR
ARMY NATIONAL GUARD TRAINING AREA IN MUSKINGUM COUNTY,
OHIO.
(a) Reduction in Fiscal Year 1991 Authorization.--Section
2601(1)(A) of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1781), as amended by section
2602(a)(1) of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 105 Stat. 1535), is further amended
by striking out ``$314,887,000'' and inserting in lieu thereof
``$309,217,000''.
(b) Purpose of Reduction.--The amount of the reduction in the
amount authorized to be appropriated for the Army National Guard of the
United States under section 2601(1)(A) of the National Defense
Authorization Act for Fiscal Year 1991 corresponds to the amount
authorized to be appropriated by such section for land acquisition to
establish an Army National Guard Training Area in Muskingum County,
Ohio, and the authority of the Secretary of Defense or the Secretary of
the Army to carry out such land acquisition is hereby terminated.
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. 1758), authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101,
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
State Installation or location
Maryland............................ Aberdeen Proving Ground.............
Missouri............................ Fort Leonard Wood...................
Virginia............................ Fort Myer...........................
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Air Force: Extension of 1991 Project Authorizations
State Installation or location
Alaska.............................. Clear Air Force Station.............
California.......................... Sierra Army Depot...................
Colorado............................ Buckley Air National Guard Base.....
United States Air Force Academy.....
Hawaii.............................. Hickam Air Force Base...............
Wheeler Air Force Base..............
Oklahoma............................ Tinker Air Force Base...............
Texas............................... Dyess Air Force Base................
Utah................................ Hill Air Force Base.................
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Defense Agencies: Extension of 1991 Project Authorizations
State Installation or location
Maryland............................ DLA, Defense Reutilization and
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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
Colorado............................ Lowry Air Force Base................
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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. INCREASE IN THE MAXIMUM AMOUNT AUTHORIZED TO BE OBLIGATED
FOR EMERGENCY CONSTRUCTION IN A FISCAL YEAR.
Section 2803(c)(1) of title 10, United States Code, is amended by
striking out ``$30,000,000'' and inserting in lieu thereof
``$50,000,000''.
SEC. 2802. 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) The maximum rental amount under paragraphs (2) and (3) shall
be adjusted annually at the beginning of each fiscal year by an amount
which corresponds to the change in the Consumer Price Index for all
Urban Consumers, published by the Bureau of Labor Statistics of the
Department of Labor, for the previous one-year period ending on
September 30.''.
(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 for not more than $25,000 per unit per year.'';
and
(2) by adding at the end the following new paragraph:
``(3) The dollar limitations contained in paragraph (1) shall be
adjusted--
``(A) for foreign currency fluctuation from October 1,
1987; and
``(B) annually at the beginning of each fiscal year by an
amount which corresponds to the change in the Consumer Price
Index for all Urban Consumers, published by the Bureau of Labor
Statistics for the Department of Labor, for the previous one-
year period ending on September 30.''.
SEC. 2803. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND COGENERATION
PRODUCTION FACILITIES.
Section 2483 of title 10, United States Code, is amended--
(1) in subsection (b), by inserting before the period the
following: ``and may be used, subject to the availability of
appropriations for this purpose, to carry out energy-related
military construction projects as authorized in sections
2805(a)(1) and 2865(a)(3) of this title''; and
(2) by adding at the end the following new subsection:
``(c) When a decision is made to carry out an energy-related
military construction project under section 2805(a)(1) or 2865(a)(3) of
this title using proceeds from sales under subsection (a), the
Secretary concerned shall notify Congress in writing of that decision,
of the justification for the project, and of the estimated cost of the
project. The project may then be carried out only after the end of the
21-day period beginning on the date the notification is received by
Congress.''.
SEC. 2804. ENERGY SAVINGS AT MILITARY INSTALLATIONS.
(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) For purposes of paragraph (3), the term `energy efficient
maintenance' includes--
``(A) the repair by replacement of equipment or systems
with the best available technology to meet the same end needs,
such as lighting, heating, cooling, or industrial process; and
``(B) improvements in the operation and maintenance process
that result in energy cost savings, such as training or
improved controls.''.
(b) Use of Amounts From Sales of Electricity.--Subsection (b)(2) of
such section is amended by inserting ``and pursuant to section 2483(b)
of this title'' after ``under paragraph (1)''.
SEC. 2805. AUTHORIZATION TO ACQUIRE EXISTING FACILITIES IN LIEU OF
CARRYING OUT CONSTRUCTION AUTHORIZED BY LAW.
(a) Establishment of Authority.--Subchapter I of chapter 169 of
title 10, United States Code, is amended by adding at the end the
following new section:
``SEC. 2813. ACQUISITION OF EXISTING FACILITIES IN LIEU OF
CONSTRUCTION.
``(a) Acquisition Authority.--Subject to subsections (b) and (c),
if the Secretary concerned determines that an existing facility at or
near a military installation would satisfy the requirements of a
military construction project authorized by law, the Secretary may
acquire that facility, including real property, using the funds
appropriated for the authorized construction project in lieu of
carrying out the authorized construction project.
``(b) Required Determination.--The authority provided by this
section may only be exercised if the Secretary concerned makes a
determination that the acquisition of an existing facility in lieu of
new construction is in the best interests of the Government.
``(c) Notice and Wait Requirements.--A contract may not be entered
into under this section until the end of the 21-day period beginning on
the date the Secretary concerned notifies Congress in writing of the
transaction proposed in the contract, the justification for the
transaction, and the estimated cost of the transaction.''.
(b) Application of Section.--Section 2813 of title 10, United
States Code, as added by subsection (a), shall apply with respect to--
(1) projects authorized on or after the date of the
enactment of this Act; and
(2) projects authorized before that date for which
construction contracts have not been awarded.
(c) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2813. Acquisition of existing facilities in lieu of construction.''.
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 amount 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 amount,
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 amount.''.
SEC. 2807. NAVY HOUSING INVESTMENT AGREEMENTS AND HOUSING INVESTMENT
BOARD.
(a) In General.--Chapter 649 of title 10, United States Code, is
amended by inserting after section 7573 the following new sections:
``Sec. 7574. Investment agreements with private developers of housing
``(a) Investment Agreements.--The Secretary of the Navy may enter
into investment agreements with private developers to encourage the
construction of housing and accessory structures within commuting
distance of a military installation under the jurisdiction of the
Secretary at which there is a shortage of suitable housing to meet the
requirements of members of the naval service with or without
dependents.
``(b) Collateral Incentive Agreements.--The Secretary may also
enter into collateral incentive agreements with private developers who
enter into an investment agreement under subsection (a) to ensure that,
where appropriate--
``(1) members of the naval service will have priority for a
fair share of any housing within the scope of the investment
contract; or
``(2) rental rates or sale prices, as appropriate, for some
or all of the units will be affordable for such members.
``(c) Transfer of Navy Lands Prohibited.--Nothing in this section
shall be construed to permit the Secretary, as part of an agreement
entered into under this section, to transfer the right, title, or
interest of the United States in any real property under the
jurisdiction of the Secretary.
``(d) Expiration of Authority.--The authority of the Secretary to
enter into an agreement under this section shall expire on September
30, 1998.
``Sec. 7575. Navy Housing Investment Board
``(a) Establishment.--The Secretary of the Navy may establish a
board to be known as the `Navy Housing Investment Board'.
``(b) Members.--(1) The Navy Housing Investment Board shall be
composed of seven members appointed for a two-year term by the
Secretary. The Secretary may appoint to the Board, without regard to
the civil service laws, two persons from the private sector who have
knowledge and experience in the financing and the construction of
housing.
``(2) The Secretary shall designate one of the members as
chairperson of the Board.
``(3) Members of the Board, other than those members regularly
employed by the Federal Government, may be paid while attending
meetings of the Board or otherwise serving at the request of the
Secretary, compensation at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
actual performance of duties vested in the Board. Members shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
``(c) Duties.--The Navy Housing Investment Board shall--
``(1) advise the Secretary regarding which proposed
investment agreements under section 7574 of this title, if any,
are financially and otherwise sound investments for meeting the
objectives of such section; and
``(2) assist the Secretary in such other ways as the
Secretary determines to be necessary and appropriate.
``(d) Selection of Investment Opportunities.--Any investment
agreement under section 7574 of this title may be made through the use
of publicly advertised, competitively bid or competitively negotiated,
contracting procedures, as provided in chapter 137 of this title, or
such other contracting procedures as the Secretary considers to be
appropriate.
``(e) Account.--(1) There is hereby established on the books of the
Treasury an account to be known as the `Navy Housing Investment
Account', which shall be administered by the Navy Housing Investment
Board.
``(2) There shall be deposited into the Account--
``(A) such funds as may be authorized for and appropriated
to the Account; and
``(B) any proceeds received from the repayment of
investments or profits on investments under section 7574 of
this title.
``(3) The Account shall be available without fiscal year limitation
for contracts, investments, and expenses necessary for the
implementation of this section and section 7574 of this title.
``(f) Report.--Not later than 60 days after the end of each fiscal
year in which the Secretary and Navy Housing Investment Board carry out
activities under section 7574 of this title, the Secretary shall
transmit a report to Congress specifying the amount and nature of the
deposits into, and the expenditures from, the Account during such
fiscal year and of the amount and nature of all other expenditures made
pursuant to such section during such fiscal year.
``(g) Termination of Board.--The Navy Housing Investment Board
shall terminate on November 30, 1998.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7573 the following new items:
``7574. Investment agreements with private developers of housing.
``7575. Navy Housing Investment Board.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. 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, as 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 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. 2812. AUTHORITY TO CONTRACT FOR CERTAIN FUNCTIONS AT INSTALLATIONS
BEING CLOSED OR REALIGNED.
(a) Base 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 by
adding at the end the following new paragraph:
``(5) The Secretary of Defense may contract with local governments
for community services, including police and fire protection, at those
military installations to be closed under this title if the Secretary
determines that it is in the best interest of the Department to have
these services provided by local governmental entities.''.
(2) Section 205 of such Act is amended--
(A) by striking out ``and'' at the end of paragraph (1);
(B) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) chapter 146 of title 10, United States Code.''.
(b) Base Closures Under 1990 Act.--(1) Subsection (b)(2) 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) is amended--
(A) by redesignating subparagraph (E) as subparagraph (F);
and
(B) by inserting after subparagraph (D) the following new
subparagraph:
``(E) The Secretary of Defense may contract with local governments
for community services, including police and fire protection, at those
military installations to be closed under this part if the Secretary
determines that it is in the best interest of the Department to have
these services provided by local governmental entities.''.
(2) Subsection (d) of such section is amended--
(A) by striking out ``and'' at the end of paragraph (1);
(B) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) chapter 146 of title 10, United States Code.''.
SEC. 2813. INCREASED FUNDING SOURCES FOR ENVIRONMENTAL RESTORATION AT
MILITARY INSTALLATIONS TO BE CLOSED.
(a) Base Closures Under 1988 Act.--(1) Section 207 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 striking out
subsection (b).
(b) Base Closures Under 1990 Act.--(1) 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 by striking out
subsection (e).
(2) Section 2905(a)(1)(C) of such Act is amended by inserting after
``the Account'' the following: ``and, in addition, may use for such
purposes other funds appropriated to the Department of Defense and
available for environmental restoration and mitigation''.
SEC. 2814. 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.
SEC. 2815. EXPANSION OF CONVEYANCE AUTHORITY REGARDING FINANCIAL
FACILITIES ON CLOSED MILITARY INSTALLATIONS TO INCLUDE
ALL DEPOSITORY INSTITUTIONS.
(a) Inclusion of Other Depository Institutions in Addition to
Credit Unions.--Section 2825 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (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 Amendment.--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.''.
SEC. 2816. 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) Subject to paragraph (2) and the requirements
specified in 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
real property or facilities located at a military installation
closed or to be closed under this title with any person who
agrees to pay all costs in connection with all environmental
restoration, waste management, and environmental compliance
activities that--
``(A) are required for the property or facilities
under Federal and State laws, administrative decisions,
agreements, and concurrences; and
``(B) are known to be necessary on the date of the
agreement, or reasonably could have been known or
foreseen to be necessary as a result of Department of
Defense activities at the military installation.
``(2) Relation of costs to fair market value.--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) Disclosure.--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 this information as soon as possible
before entering into the agreement.
``(4) Application of cercla.--Nothing in this subsection
shall be construed to modify or remove the environmental
restoration, waste management, and environmental compliance
requirements imposed by section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)).''.
(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) Subject to paragraph (2) and the requirements
specified in 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
real property or facilities located at a military installation
closed or to be closed under this title with any person who
agrees to pay all costs in connection with all environmental
restoration, waste management, and environmental compliance
activities that--
``(A) are required for the property or facilities
under Federal and State laws, administrative decisions,
agreements, and concurrences; and
``(B) are known to be necessary on the date of the
agreement, or reasonably could have been known or
foreseen to be necessary as a result of Department of
Defense activities at the military installation.
``(2) Relation of costs to fair market value.--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) Disclosure.--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 this information as soon as possible
before entering into the agreement.
``(4) Application of cercla.--Nothing in this subsection
shall be construed to modify or remove the environmental
restoration, waste management, and environmental compliance
requirements imposed by section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)).''.
SEC. 2817. AUTHORITY TO LEASE PROPERTY PENDING FINAL DISPOSITION.
(a) Lease Authority.--Subsection (f) of section 2667 of title 10,
United States Code, is amended to read as follows:
``(f)(1) Pending the final disposition of real property (and
associated 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 public or
private entities under this subsection if the Secretary determines that
such a lease would facilitate State or local economic adjustment
efforts.
``(2) Notwithstanding subsection (b)(4), in the case of a lease
under this subsection to a State or local government, 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 there is a public benefit accruing as a result of the
lease.
``(3) The limitation contained in subsection (a)(3) shall not apply
in selecting real or personal property to be leased under this
subsection.''.
(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 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
``(3) Section 2687 of this title.''.
SEC. 2818. 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 selected 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.
SEC. 2819. EXPANSION OF BASE CLOSURE LAW TO INCLUDE CONSIDERATION OF
MILITARY INSTALLATIONS OUTSIDE THE UNITED STATES FOR
CLOSURE AND REALIGNMENT.
(a) Expansion of Scope of Base Closure Law.--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 redesignating sections 2910 and 2911 as sections
2911 and 2912, respectively; and
(2) by inserting after section 2909 the following new
section:
``SEC. 2910. CONSIDERATION OF MILITARY INSTALLATIONS OUTSIDE THE UNITED
STATES.
``(a) Recommendations for Termination and Reductions of Military
Operations Outside the United States.--With respect to recommendations
made in 1995 for the closure and realignment of military installations
under this part, the Secretary and the Commission shall include
recommendations for the termination and reduction of military
operations carried out by the United States at military installations
outside the United States.
``(b) Selection Criteria.--(1) Not later than December 31, 1993,
the Secretary shall publish in the Federal Register and transmit to the
congressional defense committees the criteria proposed to be used by
the Department of Defense in making recommendations for terminating and
reducing military operations carried out by the United States at
military installations outside the United States. The Secretary shall
provide an opportunity for public comment on the proposed criteria for
a period of at least 30 days and shall include notice of that
opportunity in the publication required under the preceding sentence.
``(2) Not later than February 15, 1994, the Secretary shall publish
in the Federal Register and transmit to the congressional defense
committees the final criteria to be used in making recommendations for
terminating and reducing military operations carried out by the United
States at military installations outside the United States.
``(3) The criteria developed under this subsection, along with the
force-structure plan referred to in section 2903(a), shall be the final
criteria to be used in making recommendations for terminating and
reducing military operations carried out by the United States at
military installations outside the United States, unless the criteria
are--
``(A) disapproved by a joint resolution of Congress enacted
on or before March 15, 1994; or
``(B) amended by the Secretary in the manner described in
section 2903(b)(2)(B).
``(c) Recommendations of the Secretary.--The Secretary shall
transmit recommendations to the Commission for the termination and
reduction of military operations of the United States at specified
military installations outside the United States. The recommendations
shall be included in the recommendations transmitted to the Commission
with respect to the closure and realignment of military installations
inside the United States under section 2903(c).
``(d) Review and Recommendations by Commission.--The Commission
shall review the recommendations transmitted by the Secretary under
subsection (c). The Commission may make changes in the recommendations
made by the Secretary only in the manner provided in subparagraphs (B),
(C), and (D) of section 2903(d)(2). The Commission shall include, in
its recommendations to the President under section 2903(d), its
recommendations for the termination and reduction of military
operations of the United States at specified military installations
outside the United States.
``(e) Review and Transmittal by the President.--The recommendations
transmitted by the President under section 2903(e) shall contain the
recommendations of the Commission for the termination and reduction of
military operations of the United States at specified military
installations outside the United States.''.
(b) Effect of Failure to Include Sufficient Overseas
Installations.--Section 2903 of such Act is amended by adding at the
end the following new subsection:
``(f) Failure To Include Sufficient Overseas Installations.--(1) In
the case of the recommendations of the Commission required to be
transmitted to the Congress in 1995 pursuant to subsection (e), if the
closure or realignment of military installations outside the United
States does not account for at least 25 percent of the closure and
realignment recommendations of the Commission, as certified by the
Commission under paragraph (2), then the process by which military
installations may be selected for closure or realignment under this
part with respect to that year shall be terminated.
``(2) In determining whether the percentage specified in paragraph
(1) is satisfied, the Commission shall calculate such percentage both
in terms of--
``(A) the number of military installations outside the
United States recommended for closure or realignment as a
percentage of the total number of military installations
recommended for closure or realignment that year; and
``(B) the number of military personnel and civilian
employees of the Department of Defense stationed or employed
outside the United States directly affected by the
recommendations as a percentage of the total number of military
personnel and civilian employees of the Department of Defense
directly affected by the recommendations.''.
(c) Conforming Amendments.--(1) Subsection (b) of section 2901 of
such Act is amended to read as follows:
``(b) Purpose.--The purpose of this part is to provide a fair
process that will result in the timely closure and realignment of
military installations inside and outside the United States.''.
(2) Section 2911 of such Act, as redesignated by subsection (a)(1),
is amended--
(A) in paragraph (4), by inserting after the first sentence
the following new sentence: ``With respect to military
operations carried out by the United States outside the United
States, such term includes the sites and facilities at which
such operations are carried out without regard to whether the
sites and facilities are owned by the United States.''; and
(B) by adding at the end the following new paragraph:
``(8) The terms `closure' and `realignment' include, with
respect to military operations carried out by the United States
outside the United States, the termination or reduction of such
operations.''.
SEC. 2820. LIMITATIONS ON THE REMOVAL OR DISPOSAL OF PERSONAL PROPERTY
AND EQUIPMENT IN CONNECTION WITH THE CLOSURE OR MAJOR
REALIGNMENT OF MILITARY INSTALLATIONS.
(a) Limitation.--Except as provided in this section, in connection
with the closure or major realignment of a military installation
pursuant to a base closure law, the Secretary of Defense shall not
permit the removal or disposal of any related personal property that--
(1) is located at the installation; and
(2) would be suitable for use by a governmental or private
entity obtaining real property at the installation.
(b) Authorized Removals and Disposals.--The limitation specified in
subsection (a) shall not apply with respect to the removal or disposal
of related personal property from a military installation if--
(1) the property is regularly transferred or removed from
the installation, such as in the case of military vehicles and
aircraft;
(2) the property is unique to the military and its removal
is required to support a specific mission of the Armed Forces;
or
(3) the removal or disposal is pursuant to a reuse plan for
the installation that is approved by the Secretary and
consistent with the inventory requirements specified in
subsections (c) and (d).
(c) Inventory of Related Personal Property.--As soon as practicable
following the selection of a military installation for closure or major
realignment pursuant to a base closure law, the Secretary of the
military department exercising jurisdiction over the installation shall
order an inventory to be taken of related personal property at the
installation.
(d) Selection of Personal Property for Retention at Installation.--
Upon completion of the inventory under subsection (c) for a military
installation, the entity recognized by the Secretary of Defense as
developing the community base reuse plan for the installation shall be
given not less than 12 months within which to decide whether or not to
retain all or a portion of the related personal property at the
installation.
(e) Disposal Authority.--As consideration for the property selected
by the entity under subsection (d) to be retained at the installation,
the Secretary of Defense may require the entity to pay to the United
States such amount, not to exceed the fair market value of the retained
property, as the Secretary considers to be appropriate. Related
personal property that is not retained by the entity at the
installation shall be removed or disposed of by the Secretary pursuant
to subsection (b)(3).
(f) Definitions.--For purposes of this section:
(1) Base closure law defined.--The term ``base closure
law'' means each of 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) Related personal property defined.--The term ``related
personal property'' means any personal property owned by the
United States that--
(A) is an integral part of real property at a
military installation or is related to, designed for,
or specially adapted to the functional or productive
capacity of the real property, and the removal of this
personal property would significantly diminish the
economic value of the real property; or
(B) is essential to implement a community base
reuse plan and to make the installation fully
functional for civilian operations, including such
personal property as office furniture and equipment,
machine tools and industrial production equipment,
dormitory and food service equipment, airport operating
equipment, educational and instructional equipment, and
spare parts for such personal property sufficient to
cover the initial three years of civilian operations.
(3) Major realignment.--The term ``major realignment''
means any action under a base closure law that--
(A) reduces and relocates functions and civilian
personnel positions at a military installation; and
(B) affects 500 or more employees at the
installation.
SEC. 2821. 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 small
business concerns. Contracts for which this preference shall be given
shall include contracts to carry out activities for the environmental
restoration and mitigation at a military installation to be closed or
realigned.
(b) Definitions.--For purposes of this section:
(1) The term ``small business concern'' has the meaning
given such term in section 3 of the Small Business Act (15
U.S.C. 632).
(2) 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; 104
Stat. 1808; 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.
SEC. 2822. PILOT PROGRAM TO CONVEY CLOSED MILITARY INSTALLATIONS TO
NEIGHBORING COMMUNITIES.
(a) Pilot Program Required.--The Secretary of Defense shall
establish a pilot program to develop, and evaluate the adequacy of,
economic revitalization criteria to govern the conveyance of surplus
real property and related personal property at closed military
installations to local redevelopment authorities in order to assist the
communities adjacent to these installations recover from the adverse
consequences of the closure of military installations pursuant to the
base closure laws.
(b) Military Installations in the Pilot Program.--The pilot program
required by this section shall be conducted at Naval Air Station
Alameda, California, Naval Depot Alameda, California, Loring Air Force
Base, Maine, Gentile Air Force Station, Ohio, and military
installations in Charleston, South Carolina, to be closed.
(c) Conveyance.--Subject to subsection (f), in the case of each
military installation included in the pilot program, the Secretary
shall convey all right, title, and interest of the United States in all
surplus real property and related personal property at the installation
to the local redevelopment authority for that installation. If a local
redevelopment authority is in existence for such an installation on the
date of the enactment of this Act, the conveyance shall be made to that
local redevelopment authority.
(d) Consideration Not To Be Required.--No consideration may be
required for a conveyance of property pursuant to this section.
(e) Economic Revitalization Criteria.--As part of the pilot
program, the Secretary shall develop economic revitalization criteria
to be used as the basis for reviewing redevelopment plans submitted
under subsection (f) to ensure that the plans promote the economic
revitalization of areas within, and surrounding, closed military
installations. Such criteria shall emphasize such factors as job
creation, training, technology development, small business concerns,
land use planning, and appropriate public purposes.
(f) Redevelopment Plan Required.--To be eligible to receive
property under subsection (c), the local redevelopment authority for a
military installation included in the pilot project shall submit to the
Secretary a redevelopment plan for the installation not later than 120
days after the date on which the installation is first included in the
pilot program. Not later than 120 days after the submission of the
redevelopment plan, the Secretary shall complete a review of the
redevelopment plan using the economic revitalization criteria developed
under subsection (e) and either approve the plan or reject the plan as
incomplete or inadequate. If the Secretary determines that the
redevelopment plan is incomplete or does not adequately address the
redevelopment and reuse of the installation, the Secretary shall inform
the local redevelopment authority involved of the reasons for the
determination and shall give the local development authority a
sufficient period within which to resubmit an adequate redevelopment
plan.
(g) Time for Conveyance.--The conveyance of all surplus real
property and related personal property at a military installation
included in the pilot program shall be completed pursuant to the terms
of the approved redevelopment plan for the installation, but not later
than the date the Secretary officially closes the installation.
(h) Relationship to CERCLA.--Nothing in this section shall be
construed as superseding section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980.
(i) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary shall submit a report to Congress
evaluating the success of the pilot program and containing such
recommendations as the Secretary considers to be appropriate.
(j) Definitions.--For purposes of the section:
(1) The term ``military installation'' has the meaning
given such term in section 2687(e)(1) of title 10, United
States Code.
(2) 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.
SEC. 2823. BASE DISPOSAL MANAGEMENT COOPERATIVE AGREEMENT.
(a) Use of Independent Site Manager.--(1) In order to fulfill the
responsibilities of the Secretary of Defense under a base closure law,
the Secretary may enter into not less than one and not more than 10
cooperative agreements described in section 6305 of title 31, United
States Code, with independent entities (in this section referred to as
a ``Site Manager'') to assist the Secretary in managing the site
planning, approval, preparation, and disposal of excess and surplus
real property under the authority delegated to the Secretary for
military installations to be closed or realigned under a base closure
law. The selection of a Site Manager under this subsection for a
military installation shall be made by the Secretary, after suitable
public notice, through the good faith exercise of the Secretary's
discretion and in consultation with the affected local community in
which the military installation is located.
(2) During the term of a cooperative agreement entered under this
subsection and the five-year period beginning on the termination date
of the cooperative agreement, the Site Manager subject to that
cooperative agreement (and its affiliates) shall be barred from bidding
for or acquiring any interest in real property or facilities located at
any of the military installations to be managed by the Site Manager,
unless such acquisition is necessary to execute the terms of the
cooperative agreement.
(b) Qualifications.--In selecting a Site Manager under subsection
(a), the Secretary of Defense shall ensure that the Site Manager,
either directly or through its principals, has had prior experience--
(1) in the site planning of properties located at Federal
facilities;
(2) in dealing with local land use authorities in the
States in which the military installations to be managed are
located;
(3) in managing the cleanup of hazardous waste
contamination;
(4) in resolving land use issues under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the National Historic Preservation Act of 1966 (16 U.S.C. 470
et. seq.); and
(5) in meeting such other qualifications as the Secretary
considers to be necessary to perform the tasks set forth in
this section.
(c) Duties Generally.--Under the cooperative agreement entered into
under subsection (a), a Site Manager shall--
(1) analyze the land use potential of the military
installations to be managed by the Site Manager;
(2) coordinate with the applicable State and local
authorities to develop reuse options and obtain necessary
zoning and infrastructure approvals with respect to these
installations;
(3) manage the remediation of any adverse environmental
conditions on these installations in accordance with
remediation plans prepared and approved pursuant to applicable
laws;
(4) coordinate with State and Federal agencies to complete
all reports and analyses required under applicable law with
respect to these installations;
(5) initiate and coordinate the notices and consultations
with Federal, State, regional, and local agencies contemplated
under the authority delegated to the Secretary of Defense under
a base closure law and the procedures contemplated under
section 501 of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411);
(6) manage through the use of community assets the
maintenance and interim use of these installations pending
final disposition;
(7) prepare real property and facilities at these
installations for disposal; and
(8) manage the competitive public sale of sale parcels in
accordance with subsection (f).
(d) Budget and Subcontracts.--(1) A Site Manager and the Secretary
of Defense shall jointly develop a detailed budget for each phase of
the site preparation and approval process for each military
installation to be managed by the Site Manager.
(2) The cooperative agreement entered into under subsection (a)
shall authorize the Site Manager, through the sole exercise of its
reasonable business judgment and in accordance with the approved
budget, to engage contractors and other professionals to complete all
aspects of the site preparation and approval process, including
environmental remediation. A Site Manager shall enter into such
contracts in accordance with such contracting guidelines as the
Secretary may reasonably require in the cooperative agreement to
promote fair competition, fair labor practices, and good faith
commercially reasonable efforts to afford contracting opportunities to
small business concerns owned by socially- or economically-
disadvantaged persons.
(3) The Secretary shall reimburse the Site Manager for the
reasonable overhead costs incurred by the Site Manager and shall make
funds available for the timely payment of amounts due under the
contracts and subcontracts entered into in accordance with the
cooperative agreement and the approved budget.
(e) Continued Liability for Environmental Remediation.--Nothing in
this section shall be considered to diminish the liability of the
Federal Government with respect to environmental conditions existing on
a military installation managed by a Site Manager pursuant to a
cooperative agreement entered into under subsection (a).
(f) Sale Procedures.--After a sale parcel managed by a Site Manager
has received all necessary approvals and is otherwise ready for
competitive public sale, the Site Manager shall sell the parcel, as an
agent for the Secretary of Defense, in one or more transactions. Each
sale shall be on terms acceptable to the Secretary, determined in
consultation with the Site Manager and appropriate local authorities.
(g) Disposition of Proceeds.--The proceeds from each sale under
subsection (f) shall be divided among the Department of Defense, the
Site Manager involved, and appropriate local authorities as follows:
(1) The Secretary of Defense shall receive an amount equal
to--
(A) the costs incurred by the Secretary under the
cooperative agreement with the Site Manager and under
applicable contracts and subcontracts entered into by
the Site Manager pursuant to the cooperative agreement
(other than environmental analysis and remediation
costs, costs of preparing or conducting reports,
analyses, notices, and consultations required under
applicable law, property maintenance costs, and all
other costs that the Secretary would be required to
incur if the cooperative agreement with the Site
Manager did not exist) and the reasonable costs of
conducting the sale; and
(B) \1/3\ of the remainder of the proceeds.
(2) From amounts remaining after operation of paragraph
(1), the applicable local authorities, as determined by the
Secretary, shall receive \1/2\ of the remainder. If the
appropriate local authorities cannot be determined
satisfactorily to the Secretary, the State in which the
military installation involved is located shall receive the
amount that would be distributed pursuant to this paragraph.
(3) From amounts remaining after operation of paragraph
(1), the Site Manager involved shall receive \1/2\ of the
remainder.
(h) Reports.--(1) At such intervals as the Secretary of Defense may
prescribe, each Site Manager shall submit to the Secretary reports
describing the activities of the Site Manager under a cooperative
agreement entered into under subsection (a) and such other information
as the Secretary may require.
(2) Not later than May 31, 1994, and May 31, 1995, the Secretary of
Defense shall submit to Congress a report regarding all military
installations covered by a cooperative agreement under this section and
the status of the site preparation and disposal process at the
installations.
(i) Base Closure Law Defined.--For purposes of this section, the
term ``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of the
enactment of this Act.
Subtitle C--Land Transactions
SEC. 2824. MODIFICATION OF LAND CONVEYANCE, NEW LONDON, CONNECTICUT.
(a) Conveyance Without Consideration.--Subsection (a) of section
2841 of the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 102 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
(3) redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 2825. LAND CONVEYANCE, BROWARD COUNTY, FLORIDA.
(a) Land Conveyance.--Subject to subsection (b), 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.--As consideration for the conveyance by the
Secretary of the parcel of real property under subsection (a), the
County shall elect either--
(1) to construct (or pay the costs of constructing) at a
location selected by the Secretary within the County a suitable
replacement facility for the improvements conveyed as part of
such conveyance; or
(2) to pay to the United States an amount equal to the fair
market value of the parcel conveyed under subsection (a),
including improvements thereon.
(c) Replacement Facility.--If the County elects to pay the fair
market value of the real property under subsection (b)(2), the
Secretary shall use the amount paid by the County, subject to the
availability of appropriations for this purpose, to construct a
suitable facility to replace the improvements conveyed under subsection
(a).
(d) Determination of Fair Market Value.--The Secretary shall
determine the fair market value of the parcel of real property to be
conveyed under subsection (a). Such determination shall be final.
(e) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by surveys that are satisfactory to
the Secretary. The cost of the surveys shall be borne by the County.
(f) Additional Terms and Conditions.--The Secretary may require any
additional terms and conditions in connection with the conveyance under
subsection (a) that the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2826. 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 fair market value, 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 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 such purposes 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 determines are
appropriate to protect the interests of the United States.
SEC. 2827. 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. 2828. 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 the base. 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 the base;
(2) assume operating and maintenance responsibilities for
the existing water extraction, storage, distribution, and
related infrastructure within the northern portion of the base;
and
(3) pay to the United States, in the form of cash or
additional required services, an amount equal to the amount, if
any, by which the fair market value of the real property
interests leased under subsection (a) exceeds the fair market
value of the services provided under paragraphs (1) and (2).
(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, 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 determines are appropriate to protect
the interests of the United States.
SEC. 2829. LAND CONVEYANCE, CRANEY ISLAND FUEL DEPOT, NAVAL SUPPLY
CENTER, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Portsmouth, 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 consisting of approximately 135.7 acres,
including improvements thereon, comprising a portion of the Craney
Island Fuel Depot, Naval Supply Center, Norfolk, Virginia.
(b) Conditions of Conveyance.--(1) Inasmuch as the City has used
the real property referred to in subsection (a) as a landfill while the
property has been in the ownership of the United States, the conveyance
authorized by subsection (a) shall be subject to the condition that the
City of Portsmouth accept the property as is, notwithstanding the
requirements specified in section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9260(h)).
(2) Except as provided in paragraph (4), with respect to the real
property to be conveyed under subsection (a), the United States shall
not be subject to liability as a prior owner or operator under section
107(a)(2) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607(a)(2)), section 7003 of the
Solid Waste Disposal Act (42 U.S.C. 6973), or any similar State or
local environmental liability law or regulation with respect to any
release of hazardous substances or petroleum products from the landfill
situated on such property or arising out of the City's use of the
property to operate a landfill.
(3) Except as provided in paragraph (4), the indemnification
provisions contained in the third proviso in the undesignated paragraph
under the heading ``Environmental Restoration, Defense'' in title II of
the Department of Defense Appropriations Act, 1993 (Public Law 102-396;
106 Stat. 1883) shall not apply with respect to the presence, release,
or threatened release of hazardous substances, pollutants, or
contaminants resulting from the use of the real property to be conveyed
under subsection (a) by the City as a landfill.
(4) Nothing in paragraph (2) or (3) alters any liability of the
United States with respect to--
(A) releases of hazardous substances or petroleum products
from properties other than the real property to be conveyed
under subsection (a); or
(2) sites 3 and 12 located within the real property to be
conveyed under subsection (a).
(c) 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 real property to be conveyed. The
Secretary shall determine the fair market value of the property. Such
determination shall be final.
(d) 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)).
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of such survey shall be borne by the City.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers to be necessary to
protect the interests of the United States and are agreed to by the
City.
SEC. 2830. 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) Use of Proceeds.--The Secretary shall deposit the amount
received from Peck under subsection (b) 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)).
(d) Conditions.--Inasmuch as Peck has been the only occupant of the
property referred to in subsection (a) while the property has been in
the ownership of the United States, the conveyance authorized by
subsection (a) shall be subject to the conditions that--
(1) Peck accept the property as is, notwithstanding section
120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h));
and
(2) Peck indemnify the United States against all liability
in connection with any hazardous materials, substances, or
conditions which may be found on the property.
(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 determines appropriate to protect
the interests of the United States.
SEC. 2834. TRANSFER OF NATURAL GAS DISTRIBUTION SYSTEM AT FORT BELVOIR,
VIRGINIA, TO THE WASHINGTON GAS COMPANY.
(a) Conveyance.--Subject to subsection (b), the Secretary of the
Army may convey to the Washington Gas Company, Virginia, all right,
title, and interest of the United States in the following real property
natural gas system:
(1) All Government-owned utility fixtures, structures, and
improvements used to provide natural gas service to Fort
Belvoir, Virginia, without the underlying fee (land).
(2) Transfer includes a natural gas distribution system
consisting of approximately 15.6 miles of natural gas
distribution lines and other improvements thereon and
appurtenances thereto at Fort Belvoir, Virginia.
(3) A utility easement and right of way appurtenant which
may be necessary or appropriate to provide for ingress and
egress to and from the natural gas system and to satisfy any
buffer zone requirements imposed by any Federal or State
agency.
(b) Consideration.--In consideration for the conveyance authorized
in subsection (a), the Washington Gas Company, shall--
(1) accept the natural gas system to be conveyed under this
section in its existing condition;
(2) provide natural gas service to Fort Belvoir, Virginia,
at a beneficial rate to the Government;
(3) comply with all applicable environmental laws and
regulations including any permit or license requirements;
(4) not expand the existing on-post natural gas
distribution system unless approved by the Installation
Commander or his or her designee;
(5) take over the responsibility for ownership,
maintenance, repair, safety inspections, and leak test surveys
for the entire Fort Belvoir natural gas distribution system;
and
(6) upgrade natural gas system at no cost to the Government
based on anticipated fuel oil conversions to natural gas.
(c) Terms.--Conveyance specified in subsection (a) shall be subject
to negotiation by and approval of the Secretary of the Army as
determined by him to be in the best interests of the United States.
(d) Reversion.--If the Secretary of the Army determines at any time
that the Washington Gas Company is not complying with the conditions
specified in this section, all right, title, and interest in and to the
natural gas system conveyed pursuant to subsection (a), including
improvements to the natural gas system, shall revert to the United
States and the United States shall have the right to access and
operation of the natural gas system.
(e) Determination of Fair Market Value.--The aggregate value of
this transfer (value defined as benefits to the Army), shall be
certified by the Secretary to be of equal or greater value than the
fair market value of the facility.
(f) Description of Property.--The exact legal description of the
equipment and facilities to be conveyed pursuant to this section shall
be determined by surveys satisfactory to the Secretary. The cost of
such surveys shall be borne by the Washington Gas Company.
(g) Environmental Compliance.--The Washington Gas Company,
Virginia, shall be responsible for owning, operating and installing
natural gas distribution lines. The Secretary of the Army will be
responsible for clean-up of any contaminated property prior to transfer
pursuant to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 2832. TRANSFER OF WATER DISTRIBUTION SYSTEM AT FORT LEE, VIRGINIA,
TO THE AMERICAN WATER COMPANY.
(a) Conveyance.--Subject to subsection (b), the Secretary of the
Army may convey to the American Water Company, Virginia, all right,
title, and interest of the United States in the following real property
water system:
(1) All Government-owned utility fixtures, structures, and
improvements used to provide water service and water
distribution service to Fort Lee, Virginia, without the
underlying fee (land).
(2) Water system includes approximately 7 miles of
transmission mains, 85 miles of distribution and service lines,
416 fire hydrants, 3 elevated storage tanks, 2 pumping stations
and other improvements thereon and appurtenances thereto at
Fort Lee, Virginia.
(3) A utility easement and right-of-way appurtenant which
may be necessary or appropriate to provide for ingress and
egress to and from the water system and to satisfy any buffer
zone requirements imposed by any Federal or State agency.
(b) Consideration.--In consideration for the conveyance authorized
in subsection (a), the American Water Company shall--
(1) accept the water system to be conveyed under this
section in its existing condition;
(2) provide water service to Fort Lee, Virginia, at a
beneficial rate to the Government;
(3) comply with all applicable environmental laws and
regulations including any permit or license requirements; and
(4) not expand the existing onpost water distribution
system unless approved by the Installation Commander or his or
her designee.
(c) Terms.--Conveyance specified in subsection (a) shall be subject
to negotiation by and approval of the Secretary of the Army as
determined by him to be in the best interests of the United States.
(d) Reversion.--If the Secretary of the Army determines at any time
that the American Water Company is not complying with the conditions
specified in this section, all right, title, and interest in and to the
water system conveyed pursuant to subsection (a), including
improvements to the water system, shall revert to the United States and
the United States shall have the right of access and operation of the
water system.
(e) Determination of Fair Market Value.--The aggregate value of
this transfer (value defined as benefits to the Army), shall be
certified by the Secretary to be of equal or greater value than the
fair market value of the facility.
(f) Description of Property.--The exact legal description of the
equipment and facilities to be conveyed pursuant to this section shall
be determined by surveys satisfactory to the Secretary. The cost of
such surveys will be borne by the American Water Company.
(g) Environmental Compliance.--The American Water Company will be
responsible for compliance with all applicable environmental laws and
regulations including any permit or license requirements. The American
Water Company will be responsible for executing and constructing
environmental betterments to the water system as required by applicable
law. The United States Army, based on the availability of appropriated
funding, will share future environmental compliance costs based on a
pro rata share of the water distribution system as determined by the
Secretary under subsection (c). The Army will be responsible for
cleanup of any contaminated property prior to transfer pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
SEC. 2833. TRANSFER OF WASTE WATER TREATMENT FACILITY AT FORT PICKETT,
VIRGINIA, TO BLACKSTONE, VIRGINIA.
(a) Conveyance.--Subject to subsection (b), 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 the following real property waste water treatment
facility:
(1) A parcel of real property consisting of approximately
11.5 acres, including a waste water treatment facility and
other improvements thereon and appurtenances thereto at Fort
Pickett, Virginia.
(2) All utility easements and right-of-way appurtenant
which may be necessary or appropriate to provide for ingress
and egress to and from the facility and to satisfy any buffer
zone requirements imposed by any Federal or State agency.
(b) Consideration.--In consideration for the conveyance authorized
in subsection (a), the town shall--
(1) design and construct an environmental upgrade to the
existing plant to meet environmental standards;
(2) provide waste water treatment service to Fort Pickett,
Virginia, at a beneficial rate to the Government;
(3) comply with all applicable environmental laws and
regulations, including any permit or license requirements;
(4) reserve 75 percent of the existing Fort Pickett,
Virginia, waste water plant capacity for the Army's use at Fort
Pickett, Virginia, should a future need arise due to force
realignment and mission requirements; and
(5) become responsible for future environmental cleanup of
the facility in accordance with the Comprehensive Environmental
Response, Compensation and Liability Act resulting from
customers other than the United States Army.
(c) Terms.--Conveyance specified in subsection (a) shall be subject
to negotiation by and approval of the Secretary of the Army as
determined by him to be in the best interests of the United States.
(d) Reversion.--If the Secretary of the Army determines at any time
that the town is not complying with the conditions specified in this
section, all right, title, and interest in and to the waste water
treatment system conveyed pursuant to subsection (a), including
improvements to the waste water treatment system, shall revert to the
United States and the United States shall have the right of access and
operation of the waste water treatment system.
(e) Determination of Fair Market Value.--The aggregate value of
this transfer (value defined as benefits to the Army), shall be
certified by the Secretary to be of equal or greater value than the
fair market value of the facility.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed pursuant to this section
shall be determined by surveys satisfactory to the Secretary. The cost
of such surveys shall be borne by the town.
(g) Environmental Compliance.--The town shall be responsible for
compliance with all applicable environmental laws and regulations
including any permit or license requirements. The town shall also be
responsible for executing and constructing environmental betterments to
the plan as required by applicable law. The United States Army based on
the availability of appropriated funding and the town will share future
environmental compliance costs based on a pro rata share of reserved
plant capacity as determined by the Secretary under subsection (c). The
Army will be responsible for cleanup of any contaminated property prior
to transfer pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 2834. TRANSFER OF WATER DISTRIBUTION SYSTEM AND RESERVOIR AT
STEWART ARMY SUBPOST TO NEW WINDSOR, NEW YORK.
(a) Conveyance.--Subject to subsection (b), 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 the following real property water system:
(1) All Government-owned utility fixtures, structures,
water reservoir, distribution plant, and improvements currently
used to provide water service and water distribution service to
Stewart Army Subpost, New York, and the surrounding area, to
include the underlying fee (land) of the reservoir and the
water treatment plan.
(2) Transfer also includes all water transmission mains,
water distribution and service lines, fire hydrants, water
pumping stations, and other improvements thereon and
appurtenances thereto at Stewart Army Subpost, New York.
(3) A utility easement and right-of-way appurtenant which
may be necessary or appropriate to provide for ingress and
egress to and from the water system and to satisfy any buffer
zone requirements imposed by any Federal or State agency.
(b) Consideration.--In consideration for the conveyance authorized
in subsection (a), the town shall--
(1) accept the water system to be conveyed under this
section in its existing conditions;
(2) provide water service to Stewart Army Subpost, New
York, at a beneficial rate to the Government;
(3) comply with all applicable environmental laws and
regulations including any permit or license requirements; and
(4) not expand the existing on-post water service system
unless approved by the Installation Commander or his or her
designee.
(c) Terms.--Conveyance specified in subsection (a) shall be subject
to negotiation by and approval of the Secretary of the Army as
determined by him to be in the best interests of the United States.
(d) Reversion.--If the Secretary of the Army determines at any time
that the town is not complying with the conditions specified in this
section, all right, title, and interest in and to the water system
conveyed pursuant to subsection (a), including improvements to the
water system, shall revert to the United States and the United States
shall have the right of access and operation of the water system.
(e) Determination of Fair Market Value.--The aggregate value of
this transfer (value defined as benefits to the Army), shall be
certified by the Secretary to be of equal or greater value than the
fair market value of the facility.
(f) Description of Property.--The exact legal description of the
equipment and facilities to be conveyed pursuant to this section shall
be determined by surveys satisfactory to the Secretary. The cost of
such surveys will be borne by the town.
(g) Environmental Compliance.--The town will be responsible for
compliance with all applicable environmental laws and regulations
including any permit or license requirements. The town will be
responsible for executing and constructing environmental betterments to
the water system as required by applicable law. The United States Army,
based on the availability of appropriated funding, will share future
environmental compliance costs based on a pro rata share of the water
distribution system as determined by the Secretary under subsection
(c). The Army will be responsible for cleanup of any contaminated
property prior to transfer pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
SEC. 2835. 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 to be
appropriate.''.
SEC. 2836. 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) by striking out paragraphs (3), (4), and (5); and
(2) by redesignating paragraph (6) as paragraph (3).
SEC. 2837. 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 tract of real property (including improvements thereon) consisting
of approximately 127 acres at the Iowa Army Ammunition Plant, Iowa. The
conveyance shall be made at the request of the City.
(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 fair market value, and such determination shall be
final.
(c) Legal Description and Survey.--The exact acreage and legal
description of the property authorized to be conveyed under subsection
(a) shall be determined by a survey that is satisfactory to the
Secretary.
(d) Other Terms and Conditions.--The Secretary may require such
other terms and conditions with respect to the conveyance as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2838. TRANSFER OF ELECTRIC POWER DISTRIBUTION SYSTEM AT NAVAL AIR
STATION, ALAMEDA, CALIFORNIA, TO THE CITY OF ALAMEDA
BUREAU OF ELECTRICITY.
(a) Conveyance.--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 located
at the Naval Air Station, Alameda, California, including such utility
easements and right of ways as may be necessary or appropriate to
provide for ingress and egress to and from the system.
(b) Consideration.--(1) As consideration for the conveyance
authorized in subsection (a), the Bureau shall--
(A) accept the system to be conveyed under this section in
its existing condition;
(B) provide electric power to the Naval Air Station at a
beneficial rate to the Government;
(C) comply with all applicable environmental laws and
regulations, including any permit or license requirements;
(D) not expand the existing system without the approval of
the Secretary; and
(E) take over the responsibility for ownership, operation,
maintenance, repair, and safety inspections for the system.
(c) Terms.--Conveyance specified in subsection (a) shall be subject
to negotiation by and approval of the Secretary.
(d) Reversion.--If the Secretary determines at any time that the
Bureau is not complying with the conditions specified in this section,
all right, title, and interest in and to the system conveyed pursuant
to subsection (a), including improvements to the system, shall revert
to the United States and the United States shall have the right to
access and operation of the system.
(e) Determination of Fair Market Value.--The aggregate value of
this conveyance (value defined as benefits to the Navy), shall be
certified by the Secretary to be of equal or greater value than the
fair market value of the system.
(f) Description of Property.--The exact legal description of the
equipment and facilities to be conveyed under this section shall be
determined by surveys satisfactory to the Secretary. The cost of such
surveys 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) as the Secretary considers to be necessary to
protect the interests of the United States.
SEC. 2839. CONVEYANCE OF SURPLUS REAL PROPERTY, FORT ORD, CALIFORNIA.
(a) Conveyance.--The Secretary of the Army shall convey to the
Regents of the University of California and the Trustees of the
California State University (in this section referred to as the
``recipient institutions'') all right, title, and interest of the
United States in and to certain parcels of real property located at
Ford Ord, California, and described in subsection (b). The conveyance
shall include all land and water rights applicable to the parcels, all
air quality permits to operate facilities and air emission reduction
credits applicable to the parcels, and all infrastructure and
improvements on the parcels.
(b) Description of Parcels.--The parcels to be conveyed under
subsection (a) shall either--
(1) substantially conform to the description of the land
and facilities in the Educational Public Benefit Transfer
Applications submitted by the recipient institutions with
regard to Fort Ord on or before March 8, 1993, as supplemented
or amended through September 30, 1993; or
(2) consist of such alternative parcels as shall, after
negotiation, be mutually acceptable to the Secretary and the
recipient institutions.
(c) Conditions.--The conveyance required by subsection (a) shall be
subject to the following conditions:
(1) The recipient institutions shall accept the conveyed
parcels as is.
(2) The recipient institutions shall agree to provide the
United States, its agents and assigns, access to Fort Ord in
order to conduct the ongoing Fort Ord Installation Restoration
Program and to comply with the responsibilities of the United
States under the amendments enacted by the Federal Facility
Compliance Act of 1992 (Public Law 102-386; 106 Stat. 1505).
(3) The recipient institutions shall agree to ensure that
they and their successors, agents, and assigns do not disrupt,
destroy, or impede the remedial actions performed at Fort Ord
by the United States, its agents or assigns.
(d) Legal Descriptions and Surveys.--The exact acreage and legal
description of the parcels to be conveyed under subsection (a) shall be
determined by surveys satisfactory to the Secretary. The cost of such
surveys shall be borne by the recipient institutions.
(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 determines appropriate to protect
the interests of the United States.
Subtitle D--Other Matters
SEC. 2841. FLOOD CONTROL PROJECT.
(a) Coyote and Berryessa Creeks, Santa Clara County, California.--
The Secretary of the Army is directed to construct a flood control
project for Coyote and Berryessa Creeks in Santa Clara County,
California, using amounts appropriated for civil works activities of
the Corps of Engineers for fiscal year 1994.
(b) Maximum Cost Requirement.--Section 902 of the Water Resources
Development Act of 1986 (100 Stat. 4183) shall not apply with respect
to the project described in subsection (a).
SEC. 2842. USE OF ARMY CORPS OF ENGINEERS TO MANAGE MILITARY
CONSTRUCTION PROJECTS IN HAWAII.
All military construction and military family housing carried out
in the State of Hawaii for the Armed Forces and Defense Agencies using
funds appropriated pursuant to an authorization of appropriations
contained in this division shall be designed and conducted through the
use of the Army Corps of Engineers.
SEC. 2843. SPECIAL RULE FOR MILITARY CONSTRUCTION ON CERTAIN LANDS IN
THE STATE OF HAWAII.
(a) Consultation and Concurrence.--In the case of any military
construction project in the State of Hawaii to be carried out at a
military installation located on public lands that were ceded to the
United States by the Republic of Hawaii under the joint resolution of
annexation approved July 7, 1898 (30 Stat. 750), or that have been
acquired in exchange for such lands, the Secretary concerned may not
enter into any obligation or make any expenditure in connection with
the project until the Secretary concerned has--
(1) consulted with the Governor of the State of Hawaii
regarding the purpose and extent of the project; and
(2) obtained the written concurrence of the Governor to
proceed with the project.
(b) Definitions.--For purposes of this section:
(1) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, in the case of
military construction functions (including military
family housing functions) of the Department of Defense,
other than the military departments; and
(B) the Secretary of a military department, in the
case of military construction functions (including
military family housing functions) of that department.
(2) The term ``military installation'' means any base,
camp, post, station, yard, center, homeport facility for any
ship, or other activity under the jurisdiction of the
Department of Defense.
(3) The term ``military construction'' has the meaning
given that term in section 2801(a) of title 10, United States
Code.
(c) Application.--This section shall apply with respect to military
construction projects described in subsection (a) for which
appropriated funds are first obligated 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
$3,662,954,000, to be allocated as follows:
(1) For research and development, $1,119,325,000.
(2) For testing, $222,383,000.
(3) For stockpile support, $1,802,280,000.
(4) For program direction, $280,466,000.
(5) For complex reconfiguration, $138,500,000.
(6) For stockpile stewardship, $100,000,000.
(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, $11,500,000.
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, $11,110,000.
Project 94-D-124, hydrogen fluoride supply system,
Oak Ridge Y-12 Plant, Oak Ridge, Tennessee, $5,000,000.
Project 94-D-125, upgrade life safety, Kansas City
Plant, Kansas City, Missouri, $1,000,000.
Project 94-D-127, emergency notification system,
Pantex Plant, Amarillo, Texas, $1,000,000.
Project 94-D-128, environmental safety and health
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.
(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
$123,034,000, to be allocated as follows:
(1) For research and development, $82,879,000.
(2) For testing, $24,400,000.
(3) For stockpile support, $12,136,000.
(4) For program direction, $3,619,000.
(d) Adjustments for Savings.--The total amount authorized to be
appropriated pursuant to this section is the sum of the amounts
specified in subsections (a) through (c) reduced by $420,641,000 for
use of prior year balances.
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 $4,832,213,000, to be allocated as follows:
(1) For corrective activities, $2,170,000.
(2) For environmental restoration, $1,536,027,000.
(3) For waste management, $2,275,441,000.
(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,
$49,015,000.
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, $1,190,000.
Project 94-D-402, liquid waste treatment system, Nevada
Test Site, Nevada, $491,000.
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-417, intermediate level and low activity waste
vaults, Savannah River Site, Aiken, South Carolina, $1,000,000.
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, $6,700,000.
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, $52,615,000.
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,
$13,230,000.
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, Richland,
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, $5,600,000.
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, $1,800,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River, South Carolina, $23,974,000.
Project 89-D-175, hazardous waste/mixed waste disposal
facility, Savannah River, South Carolina, $7,000,000.
Project 88-D-173, Hanford waste vitrification plant,
Richland, Washington, $85,000,000.
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, $9,769,000.
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) Adjustments.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts specified in
subsections (a) through (c) reduced by $299,100,000 for use of prior
year balances and for a general reduction.
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 $2,226,039,000, to be allocated as follows:
(1) For nuclear materials support, $901,166,000.
(2) For verification and control technology, $349,741,000.
(3) For nuclear safeguards and security, $86,246,000.
(4) For security investigations, $53,335,000.
(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 production and other defense
programs necessary for national security programs as follows:
(1) For materials support:
Project GPD-146, general plant projects, various
locations, $31,760,000.
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.
Project 90-N-102, expended core facility dry cell
project, Naval Reactors Facility, Idaho, $7,800,000.
(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 production and other defense programs necessary for national
security programs as follows:
(1) For materials support, $75,209,000.
(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 specified in
subsections (a) through (c)--
(1) reduced by--
(A) $100,000,000, for recovery of overpayment to
the Savannah River Pension Fund;
(B) $251,065,000, for use of prior year balances
for materials support and other defense programs;
(C) $100,067,000, for use of prior year balances
for the new production reactor; and
(D) $110,000,000, for a general reduction; and
(2) increased by $58,000,000 for education programs.
(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 containing the property of the
Department of Energy defense nuclear facility known as the Savannah
River Site. 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 in section 3101 for research
and development and in this section for nuclear materials support and
other defense programs, 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 authorized to be appropriated to the Department of Energy
for fiscal year 1994 for operating expenses incurred in carrying out
the nuclear waste fund program in the amount of $120,000,000.
SEC. 3105. FUNDING USES AND LIMITATIONS.
(a) 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.
(b) Payment of Penalty.--The Secretary of Energy may pay to the
Hazardous Substance Superfund, from funds appropriated to the
Department of Energy for environmental restoration and waste management
activities pursuant to section 3102, a stipulated civil penalty in the
amount of $100,000 assessed in accordance with Article XIX of the
Hanford Consent Agreement and Compliance Order.
(c) Certain Water Management Programs.--From funds authorized to be
appropriated pursuant to section 3102 to the Department of Energy for
environmental restoration and waste management activities, the
Secretary of Energy may reimburse the cities of Westminster,
Broomfield, Thornton, and Northglen, in the State of Colorado,
$11,300,000 for the cost of implementing water management programs.
(d) Technology Transfer Activities.--(1)(A) The Secretary of Energy
may use for technology transfer activities described in subparagraph
(B) funds appropriated or otherwise made available to the Department of
Energy for fiscal year 1994 for stockpile support under section 3101
and for nuclear materials support and other defense programs under
section 3103.
(B) The technology transfer activities that may be funded under
this paragraph are those that are 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.
(2) The Secretary of Energy shall conduct the technology transfer
activities funded under paragraph (1) 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 (Public Law
101-189; 103 Stat. 1674), and section 3136 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
105 Stat. 1577).
(3) For purposes of this subsection, the term ``dual-use critical
technology'' has the meaning given that term by section 3136(b) of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1577).
(4) Section 12(d) of the Stevenson-Wydler Act of 1980 (15 U.S.C.
3710a(d)) is amended--
(A) in paragraph (2)(B)--
(i) by inserting ``(including a weapon production
facility of the Department of Energy)'' after
``facilities under a common contract''; and
(ii) by inserting ``and production'' after
``research and development'';
(B) in paragraph (2), by striking out ``propulsion program;
and'' and inserting in lieu thereof ``propulsion program;'';
(C) in paragraph (3), by striking out the period and
inserting in lieu thereof ``; and''; and
(D) 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 of
a nuclear weapon or its components.''.
(e) Prohibition on Research and Development of Low-Yield Nuclear
Weapons.--(1) The Congress finds the following:
(A) Section 507 of the Energy and Water Development
Appropriations Act, 1993 (Public Law 102-377; 106 Stat. 1345)
places severe restrictions on the underground testing of a
nuclear weapon by the United States.
(B) The use of low-yield nuclear weapons threatens to blur
the distinction between nuclear and non-nuclear conflict.
(2) It shall be the policy of the United States not to conduct
research and development of new low-yield nuclear weapons, including
the precision low-yield warhead.
(3) No funds appropriated pursuant to this Act or any other Act in
any fiscal year may be used to conduct or provide for the research and
development of any low-yield nuclear weapon which, as of the date of
the enactment of this Act, has not entered production.
(4) In this subsection, the term ``low-yield nuclear weapon'' means
a nuclear weapon that has a yield of less than five kilotons.
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 $1,200,000.
(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 $1,200,000, 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, 3103, and 3104 of this title, or which is in support of
national security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget
justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the
actions and the circumstances making such actions
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 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 a
proposed construction project for a national security program
if the total estimated cost for such planning and design does
not exceed $2,000,000.
(2) In the case of any such 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 such 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, 3103, 3104, 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 or for plant and capital equipment may remain
available until expended.
Subtitle C--Other Provisions
SEC. 3131. 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 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. Any
such waiver 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
ranking 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. 3132. BASELINE ENVIRONMENTAL MANAGEMENT REPORTS.
(a) Environmental Restoration Report.--At the same time the
President submits to the Congress the budget for each fiscal year, the
Secretary of Energy shall submit to the Congress a report on the
activities and projects necessary to complete the environmental
restoration of all Department of Energy defense nuclear facilities not
later than the year 2019.
(b) Waste Management Report.--Not later than 30 days after the date
on which the President submits to the Congress the budget for each
fiscal year, the Secretary of Energy shall submit to the Congress a
report on all activities and projects for waste management,
decontamination and decommissioning, and technology research and
development that are necessary for Department of Energy defense nuclear
facilities through the year 2019.
(c) Contents of Reports.--A report required under subsection (a) or
(b) shall be based on compliance with all applicable provisions of law
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
project or activity, including, where appropriate,
progress milestones for every five-year increment.
(d) Annual Status and Variance Report.--(1) The Secretary of Energy
shall annually submit to the Congress, at the same time the President
submits to the Congress the budget for a fiscal year (pursuant to
section 1105 of title 31, United States Code), a status and variance
report on environmental restoration and waste management activities and
projects at Department of Energy defense nuclear facilities. The status
and variance report shall contain the following:
(A) Information on each such activity and project for which
funds were appropriated for the fiscal year immediately prior
to the fiscal year during which the status 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, 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 in the budget an amount of funds for the
activity or project for the fiscal year during which
the status report is submitted, and whether such funds
were appropriated or transferred.
(iv) An explanation of the reasons for any
projected cost variance of more than 10 percent or
$10,000,000, or any schedule delay of more than six
months, for the activity or project.
(B) A disaggregation of the funds appropriated for
Department of Energy defense environmental restoration and
waste management, for the fiscal year during which the status
report is submitted, into the activities and projects
(including discrete parts of multi-year activities and
projects) that the Secretary of Energy expects to accomplish
during that fiscal year.
(C) A disaggregation of the Department of Energy defense
environmental restoration and waste management budget request
for the fiscal year for which the budget is submitted into the
activities and projects (including discrete parts of multi-year
activities and projects) that the Secretary of Energy expects
to accomplish during that fiscal year.
(2) The first annual report required under paragraph (1) shall be
submitted at the same time the President submits to the Congress the
budget for fiscal year 1995. A subsequent annual report under this
subsection shall be submitted for each fiscal year following fiscal
year 1995 during which the Secretary of Energy conducts environmental
restoration activities and projects.
(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. 3133. EXPANSION OF AUTHORITY TO LOAN PERSONNEL AND FACILITIES.
(a) Authority to Loan Personnel.--Subsection (a)(1)(A) of section
1434 of the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456; 102 Stat. 2074) is amended--
(1) in clause (i), by striking out ``and'' after the
semicolon;
(2) in clause (ii), by striking out the period and
inserting in lieu thereof ``; and''; and
(3) by adding after clause (ii) the following new clause:
``(iii) at the Savannah River Site, South Carolina, to loan
personnel in accordance with this section to the community
development organization known as the Savannah River Regional
Diversification Initiative.''.
(b) Purpose.--Subsection (a)(1)(B) of such section is amended by
striking out ``the Hanford Reservation and the Idaho National
Engineering Laboratory'' and inserting in lieu thereof ``the Hanford
Reservation, the Idaho National Engineering Laboratory, and the
Savannah River Site''.
(c) Authority to Loan Facilities.--Subsection (b) of such section
is amended by striking out ``or the Idaho National Engineering
Laboratory, Idaho,'' and inserting in lieu thereof ``the Idaho National
Engineering Laboratory, Idaho, and the Savannah River Site, South
Carolina,''.
(d) Duration of Program.--Subsection (c) of such program is amended
by striking out ``terminate on'' and all that follows through the
period and inserting in lieu thereof the following: ``terminate on--
``(1) September 30, 1993, with respect to the Hanford
Reservation;
``(2) September 30, 1994, with respect to the Idaho
National Engineering Laboratory; and
``(3) September 30, 1995, with respect to the Savannah
River Site.''.
SEC. 3134. MODIFICATION OF PAYMENT PROVISION.
Section 1532(a) of the Department of Defense Authorization Act,
1986 (42 U.S.C. 2391 note), is amended by striking out ``1996'' and
inserting in lieu thereof ``1995''.
SEC. 3135. 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.
(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 weapon effects.
(c) Authorization of Appropriations.--Of funds authorized to be
appropriated to the Secretary of Energy for fiscal year 1994 for
weapons activities, $100,000,000 shall be available for the stewardship
program established in subsection (a).
SEC. 3136. COUNTER-PROLIFERATION PROGRAM.
(a) Establishment.--The Secretary of Energy, with the concurrence
of the Secretary of Defense and the Secretary of State, shall establish
a program to counter the increasing threat of nuclear weapons
proliferation.
(b) Program Elements.--The program established pursuant to
subsection (a) shall include the following:
(1) Ongoing counter-proliferation efforts within the
national security programs of the Department of Energy.
(2) The establishment of a database and tracking system to
account for production, storage, and usage of weapons-grade
plutonium, uranium, and tritium in the newly independent states
of the former Soviet Union and in other states, as appropriate.
(3) Increased research and development with respect to the
detection and disablement of terrorist weapons.
(4) Increased support for--
(A) weapons dismantlement and storage; and
(B) information and intelligence gathering on
world-wide nuclear arsenals, nuclear weapons
development programs, and related nuclear programs.
(c) Authorization of Appropriations.--Of funds authorized to be
appropriated to the Secretary of Energy for fiscal year 1994 for
operating expenses for verification and control technology, $5,000,000
shall be available for the establishment of the database and tracking
system referred to in subsection (b)(2).
SEC. 3137. 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.
(b) Receipt in Emergency Situations.--(1) When the Secretary of
Energy determines that emergency circumstances make it necessary to
receive spent nuclear fuel referred to in paragraph (2), the Secretary
shall submit a notification of that determination to the Committees on
Armed Services of the Senate and House of Representatives. The
Secretary may not receive the spent nuclear fuel at the Savannah River
Site until 30 days (as computed in paragraph (3)) have expired
following the date on which the notification is received by such
committees.
(2) The spent nuclear fuel referred to in paragraph (1) is nuclear
fuel that--
(A) is originally exported to a foreign country from the
United States in the form of highly enriched uranium; and
(B) is used in a research reactor by the Government of a
foreign country or by a foreign-owned or foreign-controlled
entity.
(3) 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
computation of such 30-day period.
(c) Limitation on Storage.--The Secretary of Energy may not receive
and store at the Department of Energy defense nuclear facility located
at Savannah River Site, South Carolina any spent nuclear fuel referred
to in subsection (b)(2) in excess of the amount that is the capacity of
such fuel that may be received and stored at such facility, until the
completion of an environmental impact statement (and the signing by the
Secretary of a record of decision following such completion) under
section 102(2)(c) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(c)) with respect to the receipt and storage of spent
nuclear fuel from foreign research reactors.
SEC. 3138. 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; and
(3) minority institutions (as defined in paragraphs (3),
(4), and (5) of section 312(b) of the Higher Education Act of
1965 (20 U.S.C. 1058)), including any nonprofit research
institution that was an integral part of a historically Black
college or university before November 14, 1986.
(b) Amount.--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 military
applications of nuclear energy and other national security programs of
the Department.
(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 Congress of such a
determination and the reasons for the determination.
SEC. 3139. PROHIBITION ON CONDUCT OF SAFEGUARD C PROGRAM.
None of the funds appropriated pursuant to this Act or any other
Act for any fiscal year may be available to conduct the Safeguard C
program or any other program to maintain the capability of the United
States to conduct atmospheric testing of a nuclear weapon.
SEC. 3140. TRANSFER OR LEASE OF PROPERTY AT DEPARTMENT OF ENERGY WEAPON
PRODUCTION FACILITIES.
(a) Findings.--Congress makes the following findings:
(1) The termination or reconfiguration of weapon production
activities at facilities of the Department of Energy 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 facility of the Department of Energy is a significant
source of employment for many communities, and the closure or
reconfiguration of such a facility may cause economic hardship
for the workers and the 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
the result of the closure or reconfiguration of a Department of
Energy facility and, where possible, prevent the occurrence of
adverse economic circumstances.
(4) It is in the interest of the United States that the
Federal Government work with communities that experience
adverse economic circumstances as the result of the closure or
reconfiguration of Department of Energy facilities to identify
and implement means of reutilizing or redeveloping such
facilities in a beneficial manner.
(5) The Federal Government may provide such assistance by
closing or reconfiguring such facilities and conveying the real
property in a manner that best ensures environmental protection
and the beneficial reutilization or redevelopment of such
facilities by such communities.
(6) The Federal Government may best ensure such
reutilization and redevelopment by making available real and
personal property of the closing or reconfigured Department of
Energy facilities to communities affected by such closures or
reconfigurations on a timely basis, and, if appropriate, at
less than fair market value.
(7) Preservation of the national technology and industrial
base could be assisted by the appropriate transfer, lease, or
reutilization of property, facilities, and equipment which
currently are not needed for the Department of Energy weapon
production mission.
(8) A delay in the transfer, lease, or reutilization of
such property, facilities, and equipment for commercial use
will reduce the national technology and industrial base because
of lost skilled personnel and lost business opportunities.
(b) Management and Disposal of Property.--(1) The Administrator of
General Services shall delegate to the Secretary of Energy, with
respect to property covered under subsection (d)--
(A) the authority of the Administrator to utilize excess
property under section 202 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483);
(B) the authority of the Administrator to dispose of
surplus property under section 203 of that Act (40 U.S.C. 484);
and
(C) the authority of the Administrator to grant approvals
and make determinations under section 13(g) of the Surplus
Property Act of 1944 (50 U.S.C. App. 1622(g)).
(2)(A) Subject to subparagraph (C), the Secretary of Energy shall
exercise the authority delegated to the Secretary pursuant to paragraph
(1) in accordance with--
(i) all regulations in effect on the date of the enactment
of this Act governing the utilization of excess property and
the disposal of surplus property under the Federal Property and
Administrative Services Act of 1949; and
(ii) all regulations in effect on the date of the enactment
of this Act governing the conveyance and disposal of property
under section 13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g)).
(B) The Secretary, after consulting with the Administrator of
General Services, may issue regulations that are necessary to carry out
the delegation of authority required by paragraph (1).
(C) The authority required to be delegated by paragraph (1) to the
Secretary by the Administrator of General Services shall not include
the authority to prescribe general policies and methods for utilizing
excess property and disposing of surplus property.
(c) Additional Authority To Transfer and Lease.--(1) The Secretary
of Energy may transfer or lease any or all right, title, and interest
of the United States in and to the property referred to in subsection
(d) to any public agency if the Secretary determines that such transfer
or lease will mitigate the adverse economic consequences that might
otherwise arise from the closure or reconfiguration of a Department of
Energy facility.
(2)(A) The consideration to be paid to the United States for any
transfer or lease under paragraph (1) shall be for the estimated fair
market value of such property or leasehold interest, as determined by
the Secretary of Energy, except that the Secretary may accept
consideration for an amount that is not less than 50 percent of the
estimated fair market value of such property if the Secretary
determines that--
(i) the discount is required to implement the plans
established in the report under subsection (i); and
(ii) 30 days after published notice, no private or public
party has made a bona fide offer for such property at the
estimated fair market value.
(B) The instrument transferring or leasing property for less than
the estimated fair market value under this paragraph--
(i) shall contain a condition that all such property shall
be used and maintained for the purpose for which it was
transferred in perpetuity in accordance with the plans
described in the report under subsection (i) or, in the case of
a lease, for the term of the lease; and
(ii) may contain such additional terms, conditions,
reservations, and restrictions as the Secretary determines to
be necessary to safeguard the interests of the United States.
(C) The Secretary may--
(i) determine compliance with the terms, conditions,
reservations, and restrictions contained in any instrument by
which a transfer or lease of property is made;
(ii) reform, correct, or amend any such instrument by the
execution of a corrective, reformative, or amendatory
instrument where necessary to correct such instrument or to
conform such transfer or lease to the requirements of
applicable law; and
(iii)(I) grant releases from any of the terms, conditions,
reservations, and restrictions contained in, and (II) convey,
quitclaim, or release to the transferee any right or interest
reserved to the United States by, any instrument by which such
transfer or lease is made, if the Secretary determines that the
property transferred no longer serves the purpose for which it
was transferred, or that such release, conveyance, or quitclaim
will not prevent accomplishment of the purpose for which such
property was so transferred.
Any such releases, conveyance, or quitclaim may be granted on, or made
subject to, such terms and conditions as the Secretary considers
necessary to protect or advance the interests of the United States.
(d) Covered Property.--Property that may be transferred or leased
under subsections (c) and (g) is the related personal property and
acquired real property at a facility of the Department of Energy to be
closed or reconfigured that the Secretary of Energy determines to be no
longer necessary for weapon production or other missions of the
Department.
(e) Applicability of Other Laws.--Property transferred or leased
under subsections (c) and (g) shall be transferred or leased in
accordance with--
(1) the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.), to the extent not inconsistent
with this section; and
(2) all applicable environmental laws, including the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(f) Limitation on Relocation of Equipment.--The Secretary shall not
relocate equipment from a facility, such as machine tools that could be
useful in converting the facility, except in cases where buying new
equipment would be significantly more costly or significantly more
time-consuming than moving the equipment. The Secretary shall establish
guidelines for determining costs under this subsection.
(g) Reutilization.--To the extent practicable, the Secretary of
Energy may make available for reutilization a facility or property of
the Department of Energy that is not required for weapon production
work in any case in which the Secretary determines that such
reutilization will--
(1) reduce the long-term cost to the Government, including
the cost of worker displacement and retraining in the community
in which the facility or property is located;
(2) contribute to the preservation of the national
technology and industrial base by using the equipment at the
facility or property; or
(3) assist the economic development in the community in
which the facility or property is located.
(h) Other Terms and Conditions.--The Secretary may require such
additional terms and conditions with respect to a transfer or lease of
property under subsection (c) as the Secretary determines appropriate
to protect the interests of the United States.
(i) Report.--Not later than February 1, 1994, the Secretary of
Energy shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, the Committee on Governmental Affairs
of the Senate, the Committee on Government Operations of the House of
Representatives, and the Committee on Energy and Commerce of the House
of Representatives a report on the plans of the Secretary in accordance
with applicable law for the reutilization of real property, facilities,
equipment, and supplies at weapon production facilities of the
Department of Energy that are planned or scheduled for the termination
of weapon production activities.
(j) Definition.--For purposes of this section, the term
``reutilization'' means the development of sites previously used in the
nuclear weapons complex of the Department of Energy for private
commercial work or non-weapon production-related Government work. Such
development may consist of--
(1) conversion of the site or portions of it to exclusively
private or local government use;
(2) leasing of facilities or equipment to non-Department of
Energy sources;
(3) use of Department of Energy facilities to enhance the
national technology and industrial base through technology
transfer and commercial work by Department of Energy
contractors;
(4) development of a financial assistance arrangement with
local communities to seek other uses for vacated or
underutilized facilities;
(5) sale of all or portions of certain facilities to
commercial concerns under terms that dictate economic
development of the site; or
(6) any combination of paragraphs (1) through (5).
SEC. 3141. PROHIBITION ON USE OF FUNDS FOR ADVANCED LIQUID METAL
REACTOR.
No funds authorized pursuant to this title or otherwise available
for fiscal year 1994 or any previous fiscal year for the national
security programs of the Department of Energy shall be used for the
support of the advanced liquid metal reactor.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1994,
$15,060,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
For purposes of this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund established under section 9(a) of such
Act (50 U.S.C. 98h(a)).
(3) The term ``annual materials plan'' means the report
containing an annual materials plan for the operation of the
National Defense Stockpile required to be submitted to Congress
each year under section 11(b) of such Act (50 U.S.C. 98h-2(b)).
SEC. 3302. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS CONTAINED IN THE
NATIONAL DEFENSE STOCKPILE.
The President may dispose of obsolete and excess materials in the
National Defense Stockpile, except that the amount of funds received
from the sale of such materials may not exceed $500,000,000 in any
fiscal year. All funds received from the sale of materials under this
section shall be deposited in the National Defense Stockpile
Transaction Fund.
SEC. 3303. 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. 3304. CONTINUATION OF LIMITATIONS ON THE DISPOSAL OF CHROMITE AND
MANGANESE ORES AND CHROMIUM AND MANGANESE FERRO.
(a) Limitation Regarding Chromite and Manganese Ores.--During
fiscal year 1994, the disposal of chromite and manganese ores of
metallurgical grade from the National Defense Stockpile pursuant to any
provision of law may be made only for processing within the United
States and the territories and possessions of the United States.
(b) Limitation Regarding Chromium and Manganese Ferro.--The
disposal of chromium ferro and manganese ferro from the National
Defense Stockpile pursuant to any provision of law may not commence
before October 1, 1994.
SEC. 3305. CONVERSION OF CHROMIUM ORE TO HIGH PURITY ELECTROLYTIC
CHROMIUM METAL.
(a) Required Upgrading.--During each of fiscal years 1994 through
1996, the President shall--
(1) obtain bids from domestic producers of high purity
electrolytic chromium metal; and
(2) award contracts for the conversion of chromium ores
held in the National Defense Stockpile into high purity
electrolytic chromium metal.
(b) Quantities To Be Upgraded.--(1) Contracts awarded under
subsection (a) shall provide for the addition of not less than 800
short tons of high purity electrolytic chromium metal to the National
Defense Stockpile during each of the fiscal years covered by subsection
(a).
(2) If, during any fiscal year referred to in subsection (a), the
minimum quantity of high purity electrolytic chromium metal to be added
to the National Defense Stockpile, as required by paragraph (1), is not
met, the quantity of such material to be added to the stockpile in the
next fiscal year shall be increased by the quantity of the deficiency.
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 striking out ``attack'' the first place it
appears and inserting in lieu thereof ``attack-related
disaster''; and
(B) by striking out ``atomic'' and inserting in
lieu thereof ``nuclear'';
(4) in subsection (c), as so redesignated, by striking out
``and, for the purposes of this Act'' and all that follows
through ``natural disaster;'' and inserting in lieu thereof a
period; and
(5) by striking out subsection (d), as so redesignated, and
inserting in lieu thereof the following new subsection:
``(d) The term `civil defense' means all those activities and
measures designed or 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.
Passed the House of Representatives September 29, 1993.
Attest:
Clerk.
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