[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4301 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 467
103d CONGRESS
  2d Session
                                H. R. 4301


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 15 (legislative day, June 7), 1994

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
     To authorize appropriations for fiscal year 1995 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 1995''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
                       Subtitle B--Army Programs

Sec. 111. Procurement of helicopters.
                       Subtitle C--Navy Programs

Sec. 121. Termination of Navy F-14A/B upgrade program.
Sec. 122. Limitation on acquisition of guidance systems for Trident II 
                            missiles.
Sec. 123. Prohibition on Trident II backfit.
Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.
Sec. 125. Limitation on cost of Seawolf submarine program.
Sec. 126. Limitation on procurement of TAGS vessels.
Sec. 127. Advanced Capability (ADCAP) modification program for the MK-
                            48 torpedo.
                     Subtitle D--Air Force Programs

Sec. 131. Intertheater airlift programs.
Sec. 132. B-2 bomber program cost limitation.
Sec. 133. Bomber force upgrade program.
Sec. 134. Evaluation of restart of C-5B aircraft procurement.
                  Subtitle E--Defense-Wide Activities

Sec. 141. Ballistic missile early warning programs.
               Subtitle F--National Defense Sealift Fund

Sec. 161. Prohibition of transfer of fiscal year 1994 funds to CVN-76 
                            construction.
Sec. 162. Fiscal year 1995 National Defense Sealift fund program.
Sec. 163. Transfer of excess amount to BRAC III account.
Sec. 164. Fiscal year 1994 unauthorized sealift appropriation defined.
Sec. 165. Operation of sealift vessels for which assistance is provided 
                            through National Defense Sealift Fund.
                       Subtitle G--Other Matters

Sec. 171. Transfer of USNS Maury.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Taconite processing technology.
    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization.
Sec. 212. Standoff air-to-surface munitions technology demonstration.
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced 
                            Chemical Laser against an object in space.
Sec. 214. Applicability of certain electronic combat systems testing 
                            requirements.
Sec. 215. Advanced Self Protection Jammer (ASPJ) program.
Sec. 216. Advanced lithography program.
Sec. 217. Federally funded research and development centers.
Sec. 218. Defense experimental program to stimulate competitive 
                            research.
Sec. 219. Digital battlefield program.
Sec. 220. Mobile Off-Shore Base and Landing Ship Quay Causeway program.
Sec. 221. Arrow/ACES program.
Sec. 222. Army helicopter engine upgrade program.
Sec. 223. Research and development for strategic metals.
                  Subtitle C--Missile Defense Programs

Sec. 231. Ballistic Missile Defense Organization budget presentation.
Sec. 232. Theater Missile Defense programs.
Sec. 233. Theater Missile Defense risk reduction activities.
Sec. 234. Military satellite communications.
Sec. 235. Limitation on flight tests of certain missiles.
Sec. 236. Compliance with the ABM Treaty.
                  Subtitle D--Women's Health Research

Sec. 241. Defense women's health research program.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Defense Business Operations Fund.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Funds for depot-level maintenance and repair work.
Sec. 305. Support for the 1996 Olympics.
Sec. 306. Funds for clearing landmines.
Sec. 307. Support for the 1995 Special Olympics World Games.
                        Subtitle B--Limitations

Sec. 311. Reports and limitation on transfer of certain operation and 
                            maintenance funds.
Sec. 312. Limitation on retention of morale, welfare, and recreation 
                            funds by military installations.
Sec. 313. Prohibition on use of appropriated funds for operation of 
                            Armed Forces Recreation Center, Europe.
Sec. 314. Limitation on use of specifications for procurement of 
                            subsistence items.
                   Subtitle C--Depot-Level Activities

Sec. 321. Findings.
Sec. 322. Modification of limitation on performance of depot-level 
                            maintenance.
Sec. 323. Limitation on the performance of depot-level maintenance of 
                            materiel for new weapon systems.
Sec. 324. Audits to monitor cost growth of contracts to perform depot-
                            level maintenance and repair.
Sec. 325. Consideration of costs of closing Department of Defense 
                            depots in certain cost comparisons.
Sec. 326. Authority for depot-level activities of the Department of 
                            Defense to compete for maintenance and 
                            repair workloads of other Federal agencies.
Sec. 327. Authority of depots to provide services outside of the 
                            Department of Defense.
Sec. 328. Maintenance of sufficient depot-level facilities, activities, 
                            and employees of the Department of Defense.
Sec. 329. Reutilization initiative for depot-level activities.
              Subtitle D--Defense Business Operations Fund

Sec. 341. Oversight of Defense Business Operations Fund.
Sec. 342. Review by Comptroller General of charges imposed by Defense 
                            Business Operations Fund.
    Subtitle E--Department of Defense Domestic and Overseas Schools

Sec. 351. Reauthorization of Department of Defense domestic elementary 
                            and secondary schools for military 
                            dependents.
Sec. 352. Survey and pilot program for the transfer of Department of 
                            Defense domestic dependent elementary and 
                            secondary schools to appropriate local 
                            educational agencies.
Sec. 353. Report on calculation and recovery of tuition costs of 
                            certain students enrolled in schools of the 
                            defense dependents' education system.
Sec. 354. Authority to accept gifts for Department of Defense domestic 
                            elementary and secondary schools.
                       Subtitle F--Other Matters

Sec. 361. Modification of fees paid by residents of Armed Forces 
                            Retirement Home.
Sec. 362. National Guard youth program.
Sec. 363. Department of Defense food inventory program.
Sec. 364. Department of Defense special supplemental food program.
Sec. 365. Transportation of the remains of deceased retired members who 
                            die outside of the United States.
Sec. 366. Authority to transport the remains of certain deceased 
                            veterans on Department of Defense 
                            aeromedical evacuation aircraft.
Sec. 367. Modification of Air Force support for the Civil Air Patrol.
Sec. 368. Review and report on use of operations and maintenance funds 
                            by the Department of Defense.
Sec. 369. Requirement of comparative report on operations and 
                            maintenance funding.
Sec. 370. Automated data processing programs of the Department of 
                            Defense.
Sec. 371. Review by Defense Inspector General of cost growth in certain 
                            contracts.
Sec. 372. Cost comparison studies for contracts for advisory and 
                            assistance services.
Sec. 373. Requirement and plan for converting performance of certain 
                            positions to performance by Department of 
                            Defense employees.
Sec. 374. Use of service contract funds for separation incentive 
                            programs for Department of Defense 
                            employees.
Sec. 375. Non-Federal employment incentive pilot program.
Sec. 376. Uniform health benefits program for employees of the 
                            Department of Defense assigned to 
                            nonappropriated fund instrumentalities.
Sec. 377. Operation of military exchange and commissary store at Naval 
                            Air Station Fort Worth, Joint Reserve 
                            Center, Carswell Field.
Sec. 378. Ships' stores.
Sec. 379. Program to commemorate World War II.
Sec. 380. One-year extension of certain programs.
Sec. 381. Clarification and codification of overseas military end 
                            strength limitation.
Sec. 382. Authority to issue military identification cards to so-called 
                            honorary retirees of the Naval and Marine 
                            Corps Reserves.
Sec. 383. Modification of statute of limitations for certain claims for 
                            personal property damage or loss.
Sec. 384. Operation of overseas facilities of the Department of Defense 
                            by United States firms.
Sec. 385. Exclusion of certain troops in calculation of authorized and 
                            strength for military personnel in Europe.
Sec. 386. Authority to transfer certain excess property to educational 
                            institutions and training schools.
Sec. 387. Priority to States for transfer of nonlethal excess supplies 
                            of the Department of Defense.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Limitation on deployment of divisions constituting Army 
                            contingency force.
                       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. Active component members to be assigned for training 
                            compatibilty with guard units.
              Subtitle C--Military Training Student Loads

Sec. 421. Authorization of training student loads.
              Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Authority for officers to serve on successive promotion 
                            boards.
Sec. 502. Army field grade officer strength limitations.
Sec. 503. Technical changes to provisions enacted by Warrant Officer 
                            Management Act.
Sec. 504. Navy and Marine Corps limited duty officers.
Sec. 505. Retirement or enlistment of certain limited duty officers of 
                            the Navy and Marine Corps.
Sec. 506. Temporary exclusion of Superintendent of Naval Academy from 
                            counting toward number of senior admirals 
                            authorized to be on active duty.
Sec. 507. Grade of heads of certain professional military education 
                            schools.
                 Subtitle B--Reserve Component Matters

Sec. 511. Selected Reserve activation authority.
Sec. 512. Reserve general and flag officers on active duty.
Sec. 513. Definition of active guard and reserve duty.
Sec. 514. Repeal of obsolete provisions pertaining to transfer of 
                            regular enlisted members to the Retired 
                            Reserve.
Sec. 515. Guard and reserve transition initiatives.
Sec. 516. Semiannual report on separations of active Army officers.
                       Subtitle C--Other Matters

Sec. 521. Repeal of required reduction in recruiting personnel.
Sec. 522. Coast Guard force reduction transition benefits.
Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.
Sec. 524. Authorized active duty strengths for Army enlisted members in 
                            pay grade E-8.
Sec. 525. Reimbursement for certain losses of household effects during 
                            PCS moves.
Sec. 526. Victims' advocates programs in Department of Defense.
Sec. 527. Prohibition of retaliatory actions against members of the 
                            Armed Forces making allegations of sexual 
                            harassment or unlawful discrimination.
Sec. 528. Annual report on personnel readiness.
Sec. 529. Programs related to Desert Storm mystery illness.
Sec. 530. Upgrade of Armed Forces Staff College wargaming and other 
                            capabilities.
Sec. 531. Prohibition on imposition of additional charges or fees for 
                            attendance at certain academies.
Sec. 532. Authorization for instruction of civilian students at Foreign 
                            Language Center of the Defense Language 
                            Institute.
Sec. 533. Sense of Congress concerning appropriate Department of 
                            Defense force structure through 1997.
Sec. 534. Discharge of members who are permanently nonworldwide 
                            assignable.
Sec. 535. Military recruiting on campus.
Sec. 536. Survey on the state of race and ethnic issues in the 
                            military.
Sec. 537. Request for posthumous commissioning in the Army of two 
                            African Americans discharged from West 
                            Point due to racial prejudice during post-
                            Civil War period.
Sec. 538. Detail of Department of Defense personnel to assist 
                            Immigration and Naturalization Service, 
                            Border Patrol and Customs Service.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1995.
Sec. 602. Cost-of-living allowance for members of the uniformed 
                            services assigned to high cost areas in the 
                            continental United States.
Sec. 603. Increase in subsistence allowance payable to members of 
                            Senior Reserve Officers' Training Corps.
           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Increase in authorized incentive special pay for certified 
                            registered nurse anesthetists.
Sec. 612. Extension of authority for payment of aviation officer 
                            retention bonus
            Subtitle C--Travel and Transportation Allowances

Sec. 621. Change in provision of transportation incident to personal 
                            emergencies for members stationed outside 
                            the continental United States.
Sec. 622. Clarification of travel and transportation allowance of 
                            family members incident to the serious 
                            illness or injury of members.
             Subtitle D--Retired Pay and Survivor Benefits

Sec. 631. Elimination of disparity between effective dates for military 
                            and civilian retiree cost-of-living 
                            adjustments for fiscal year 1995.
Sec. 632. Clarification of calculation of retired pay for officers who 
                            retire in a grade lower than the grade held 
                            at retirement.
Sec. 633. Crediting of reserve service of enlisted members for 
                            computation of retired pay.
Sec. 634. Minimum required reserve service for eligibility for retired 
                            pay for nonregular service during force 
                            drawdown period.
Sec. 635. SBP premiums for reserve-component child-only coverage.
Sec. 636. Discontinuation of insurable interest coverage under survivor 
                            benefit plan.
                       Subtitle E--Other Matters

Sec. 641. Authority for survivors to receive payment for all leave 
                            accrued by deceased members.
                   TITLE VII--HEALTH CARE PROVISIONS

                    Subtitle A--Health Care Services

Sec. 701. Revision of definition of dependents to include young people 
                            being adopted by members or former members.
Sec. 702. Treatment of certain dependents as children for purposes of 
                            CHAMPUS, dependents' dental program, and 
                            continued health benefits coverage.
Sec. 703. Authorization for medical and dental care of abused 
                            dependents of certain members.
Sec. 704. Additional authorized health care service available through 
                            military health care system.
 Subtitle B--Changes to Existing Laws Regarding Health Care Management

Sec. 711. Expanded use of partnership and resource sharing programs for 
                            improved cost-effectiveness.
Sec. 712. Imposition of enrollment fees for managed care plans.
Sec. 713. Strengthening managed health care authorities.
Sec. 714. Delay in deadline for use of health maintenance organization 
                            model as option for military health care.
Sec. 715. Limitation on reduction in number of reserve component 
                            medical personnel.
                       Subtitle C--Other Matters

Sec. 721. Delay in closure of army hospital at Vicenza, Italy.
Sec. 722. Demonstration program for admission of civilians as physician 
                            assistant students at Academy of Health 
                            Sciences, Fort Sam Houston, Texas.
Sec. 723. Report on expanded use of nonavailability of health care 
                            statements.
Sec. 724. Sense of Congress on continuity of health care services for 
                            covered beneficiaries in certain areas 
                            affected by base closures.
Sec. 725. Oral typhoid vaccine inventory of Department of Defense.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

              Subtitle A--Acquisition Assistance Programs

Sec. 801. Procurement technical assistance programs.
                  Subtitle B--Acquisition Improvement

                      Part I--General Improvements

Sec. 811. Congressional defense procurement policy.
Sec. 812. Repeal of requirement relating to production special tooling 
                            and production special test equipment.
Sec. 813. Repeal of vouchering procedures section.
Sec. 814. Clarification of provision relating to quality control of 
                            certain spare parts.
Sec. 815. Contractor guarantees regarding weapon systems.
                    Part II--Major Systems Statutes

Sec. 821. Weapon development and procurement schedules.
Sec. 822. Selected Acquisition Report requirement.
Sec. 823. Unit cost report requirement.
Sec. 824. Requirement for independent cost estimates and manpower 
                            estimates before development or production.
Sec. 825. Baseline description.
Sec. 826. Repeal of requirement for competitive prototyping in major 
                            programs.
Sec. 827. Repeal of requirement for competitive alternative sources in 
                            major programs.
                       Part III--Testing Statutes

Sec. 831. Authorization of less than full-up testing.
Sec. 832. Limitation on quantities to be procured for low-rate initial 
                            production.
Sec. 833. Operational test and evaluation of defense acquisition 
                            programs.
                    Part IV--Civil Reserve Air Fleet

Sec. 841. Definition of contractor.
Sec. 842. Consolidation of provisions relating to contractual 
                            commitment of aircraft.
Sec. 843. Use of military installations by contractors.
                         Part V--Miscellaneous

Sec. 851. Regulations on procurement, production, warehousing, and 
                            supply distribution functions.
Sec. 852. Repeal of requirements regarding product evaluation 
                            activities.
Sec. 853. Codification and revision of limitation on lease of vessels, 
                            aircraft, and vehicles.
Sec. 854. Repeal of application of Public Contracts Act to certain 
                            Naval vessel contracts.
Sec. 855. Consolidation of limitations on procurement of goods other 
                            than American goods.
Sec. 856. Department of Defense acquisition of intellectual property 
                            rights.
Sec. 857. Department of Defense review of antitrust cases with national 
                            security implications.
Sec. 858. Extension of test program for negotiation of comprehensive 
                            small business subcontracting plans.
                       Subtitle C--Other Matters

Sec. 871. Environmental consequence analysis of major defense 
                            acquisition programs.
Sec. 872. Award of contracts and grants on the basis of competition.
Sec. 873. Shipbuilding claims.
Sec. 874. Demonstration project on purchase of fire, security, police, 
                            public works, and utility services from 
                            local government agencies.
Sec. 875. Defense acquisition pilot program.
Sec. 876. Preference for local residents.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT

Sec. 901. Revision of National Guard Bureau charter.
Sec. 902. Army Reserve Command.
Sec. 903. Assignment of reserve forces to combatant commands.
Sec. 904. Budget support for reserve elements of Special Operations 
                            Command.
Sec. 905. Change of title of Comptroller of the Department of Defense 
                            to Under Secretary of Defense 
                            (Comptroller).
Sec. 906. Reclarification of independent status of Director of 
                            Operational Test and Evaluation.
                      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. Date for submission of future-years mission budget.
Sec. 1005. Identification and reporting of unauthorized appropriations.
                  Subtitle B--Counter-Drug Activities

Sec. 1011. Department of Defense support for counter-drug activities of 
                            other agencies.
                   Subtitle C--Contingency Operations

Sec. 1021. Funding for contingency operations.
Sec. 1022. Extension of authority to enter into certain cooperative 
                            agreement authorities to include the United 
                            Nations and regional organizations of which 
                            the United States is a member.
Sec. 1023. Overseas Humanitarian, Disaster, and Civic Aid.
Sec. 1024. Disaster relief.
Sec. 1025. Humanitarian assistance program for clearing landmines.
                       Subtitle D--Other Matters

Sec. 1031. Annual report on denial, revocation, and suspension of 
                            security clearances.
Sec. 1032. Commission on Roles and Missions of the Armed Forces.
Sec. 1033. Prohibition on authorization of payment of costs under 
                            defense contracts for restructuring costs 
                            of a merger or acquisition.
Sec. 1034. Transfer of certain B-17G aircraft.
Sec. 1035. USS Indianapolis (CA-35): gallantry, sacrifice and a 
                            decisive mission to end WW II.
Sec. 1036. Sense of Congress concerning commendation of individuals 
                            exposed to mustard agents during World War 
                            II testing activities.
Sec. 1037. Sense of Congress concerning eligibility for Armed Forces 
                            Expeditionary Medal based upon service in 
                            El Salvador.
Sec. 1038. Military-to-military contact program.
Sec. 1039. Limitation on obligation of funds for overseas basing 
                            activities.
Sec. 1040. Transportation of chemical munitions.
Sec. 1041. Findings and sense of Congress concerning the North Atlantic 
                            Treaty Organization.
Sec. 1042. Report on status of defense random drug testing program.
Sec. 1043. Reduction of United States military forces in Europe.
Sec. 1044. Report on military readiness implications of Bosnia 
                            peacekeeping deployment.
Sec. 1045. Report on lessons learned from United States activities in 
                            Somalia.
Sec. 1046. Sense of Congress concerning safe, secure dismantlement of 
                            Soviet nuclear arsenal.
Sec. 1047. Coordination of military-to-military contact programs.
Sec. 1048. Extension of semiannual report on Cooperative Threat 
                            Reduction programs.
Sec. 1049. Limitation on Cooperative Threat Reduction program relating 
                            to offensive biological weapons program of 
                            Russia.
Sec. 1050. Prohibition on use of Department of Defense funds for United 
                            States share of costs of United Nations 
                            peacekeeping operations.
Sec. 1051. Assistance to family members of Korean Conflict POW/MIAs who 
                            remain unaccounted for.
Sec. 1052. Report assessing the regional security consequences of 
                            United States military cooperation 
                            programs.
Sec. 1053. Study on use of low-enriched uranium to fuel naval reactors.
Sec. 1054. Sense of Congress concerning Nuclear Nonproliferation Treaty 
                            Review Conference.
Sec. 1055. Assistance for public participation in defense environmental 
                            restoration activities.
Sec. 1056. Authorization to exchange certain items for transportation 
                            services.
Sec. 1057. Authorization for industrial facilities of the Armed Forces 
                            to sell articles and services to persons 
                            outside Department of Defense.
Sec. 1058. Sense of the Congress concerning the North Korean nuclear 
                            weapons development program.
Sec. 1059. Congressional action on negotiation of limitations on 
                            nuclear weapons testing.
Sec. 1060. Sense of Congress and report on readiness of military forces 
                            of the Republic of Korea.
 TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

Sec. 1101. Short title.
Sec. 1102. Funding of defense conversion, reinvestment, and transition 
                            assistance programs for fiscal year 1995.
      Subtitle A--Defense Technology and Industrial Base, Defense 
                  Reinvestment, and Defense Conversion

Sec. 1111. Funding of defense technology reinvestment programs for 
                            fiscal year 1995.
Sec. 1112. Clarification of eligible non-Department of Defense 
                            participants in technology reinvestment 
                            projects.
Sec. 1113. Additional criteria for loan guarantees under the defense 
                            dual-use assistance extension program.
Sec. 1114. Financial commitment requirements for small business 
                            concerns for participation in technology 
                            reinvestment projects.
Sec. 1115. Conditions on funding of defense technology reinvestment 
                            projects.
        Subtitle B--Community Adjustment and Assistance Programs

Sec. 1121. Funds for adjustment and diversification assistance for 
                            States and local governments from Office of 
                            Economic Adjustment.
Sec. 1122. Studies and plans for market diversification.
Sec. 1123. Advance community adjustment and economic diversification 
                            planning.
   Subtitle C--Personnel Adjustment, Education, and Training Programs

Sec. 1131. Continuation of teacher and teacher's aide placement 
                            programs.
Sec. 1132. Programs to place separated members and terminated defense 
                            employees in employment positions as public 
                            safety officers.
Sec. 1133. Pilot program to place separated members and terminated 
                            defense employees in teaching positions as 
                            bilingual math and science teachers.
Sec. 1134. Demonstration project to assist separated members and 
                            terminated defense workers to become 
                            business owners.
Sec. 1135. Demonstration project to promote ship recycling as a method 
                            to assist separated members and terminated 
                            defense workers.
Sec. 1136. Administration and funding of Defense Diversification 
                            Program and Defense Conversion Adjustment 
                            Program under Job Training Partnership Act.
Sec. 1137. Expansion of personnel adjustment, education, and training 
                            programs to include Coast Guard.
Sec. 1138. Assistance for certain workers dislocated due to reductions 
                            by the United States in the export of 
                            defense articles and services.
                      Subtitle D--ARMS Initiative

Sec. 1141. Extension of Armament Retooling and Manufacturing Support 
                            Initiative.
Sec. 1142. Loan guarantees under Armament Retooling and Manufacturing 
                            Support Initiative.
                       Subtitle E--Other Matters

Sec. 1151. Changes in notice requirements upon pending or actual 
                            termination of defense programs.
Sec. 1152. Plan for deployment of defense environmental technologies 
                            for dredging of dual-use ports.
Sec. 1153. Pilot program to develop and demonstrate environmental 
                            remediation technologies.
  TITLE XII--COOPERATIVE THREAT REDUCTION, COUNTERPROLIFERATION, AND 
                            RELATED MATTERS

                Subtitle A--Cooperative Threat Reduction

Sec. 1201. Report on accounting for United States assistance.
Sec. 1202. Report on control and accountability of material relating to 
                            weapons of mass destruction.
Sec. 1203. Cooperative threat reduction.
Sec. 1204. Limitations on Cooperative Threat Reduction Program.
              Subtitle B--Counterproliferation Activities

Sec. 1211. Extension and revision of counterproliferation authorities.
Sec. 1212. Studies relating to United States counterproliferation 
                            policy.
Sec. 1213. Fiscal year 1995 amount.
Sec. 1214. Limitation on funds for studies pending receipt of 
                            previously required report.
      TITLE XIII--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)

Sec. 1301. Short title; table of contents.
Sec. 1302. References to title 10, United States Code.
            Subtitle A--Reserve Officer Personnel Management

   Part I--Revised and Standardized Reserve Officer Personnel System

Sec. 1311. Promotion and retention of reserve officers.
                     Part II--Conforming Amendments

Sec. 1321. Definition of reserve active-status list.
Sec. 1322. Authority to suspend officer personnel laws during war or 
                            national emergency.
Sec. 1323. Active-duty list promotion boards to have authority to 
                            recommend that reserve officers considered 
                            for promotion be required to show cause for 
                            retention on active duty.
Sec. 1324. Applicability of chapter 36 to reserve officers during war 
                            or national emergency.
Sec. 1325. Grade in which reserve officers are ordered to active duty.
Sec. 1326. Date of rank.
Sec. 1327. Discharge before completion of required service in case of 
                            officers having twice failed of selection 
                            for captain or navy lieutenant.
Sec. 1328. Conforming amendments relating to Navy and Marine Corps 
                            officers.
Sec. 1329. Repeal of reserve officer personnel policy laws.
Sec. 1330. Amendments to title 32, United States Code.
             Subtitle B--Other Personnel Policy Amendments

                          Part I--Appointments

Sec. 1331. Repeal of separate authority for accession of women in 
                            reserve components.
Sec. 1332. Appointment authority for reserve grades of lieutenant 
                            colonel and commander.
Sec. 1333. Appointment of former commissioned officers in reserve 
                            components.
Sec. 1334. Constructive credit for appointment of officers in reserve 
                            components with qualifying education or 
                            experience.
Sec. 1335. Computation of years of service for transfer of Army 
                            officers to Retired Reserve.
Sec. 1336. Repeal of miscellaneous obsolete appointment authorities.
                   Part II--Retirement and Separation

Sec. 1341. Computation of highest grade in which satisfactorily served 
                            for reserve commissioned officers and 
                            former officers.
                       Part III--Other Amendments

Sec. 1351. Tenure in office of Chief of National Guard Bureau.
Sec. 1352. Right to reenlist in Regular Army or Regular Air Force after 
                            service as an officer.
   Subtitle C--Reorganization and Consolidation of Laws Relating to 
                           Reserve Components

Sec. 1361. Laws relating to organization and administration of reserve 
                            components.
Sec. 1362. Laws relating to reserve component personnel policy.
Sec. 1363. Laws relating to reserve component training and educational 
                            assistance programs.
Sec. 1364. Laws relating to reserve component procurement and 
                            equipment.
Sec. 1365. Legislative construction.
             Subtitle D--Technical and Clerical Amendments

Sec. 1371. Amendments to subtitle A of title 10, United States Code.
Sec. 1372. Amendments to subtitle B of title 10, United States Code.
Sec. 1373. Amendments to subtitle C of title 10, United States Code.
Sec. 1374. Amendments to subtitle D of title 10, United States Code.
Sec. 1375. Amendments to subtitle E of title 10, United States Code.
Sec. 1376. Amendments to titles 32 and 37, United States Code.
Sec. 1377. Amendments to other laws.
                   Subtitle E--Transition Provisions

Sec. 1381. Continuation on the reserve active-status list of certain 
                            reserve colonels of the Army and Air Force.
Sec. 1382. Effects of selection for promotion and failure of selection 
                            for Army and Air Force officers.
Sec. 1383. Effects of selection for promotion and failure of selection 
                            for Navy and Marine Corps officers.
Sec. 1384. Delays in promotions and removals from promotion list.
Sec. 1385. Minimum service qualifications for promotion.
Sec. 1386. Establishment of reserve active-status list.
Sec. 1387. Preservation of relative seniority under the initial 
                            establishment of the reserve active-status 
                            list.
Sec. 1388. Grade on transfer to the Retired Reserve.
Sec. 1389. Rights for officers with over three years service.
Sec. 1390. Mandatory separation for age for certain reserve officers of 
                            the Navy and Marine Corps.
       Subtitle F--Effective Dates and General Savings Provisions

Sec. 1391. Effective dates.
Sec. 1392. Preservation of suspended status of laws suspended as of 
                            effective date.
Sec. 1393. Preservation of preexisting rights, duties, penalties, and 
                            proceedings.
             TITLE XIV--BOSNIA AND HERZEGOVINA SELF-DEFENSE

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Termination of arms embargo.
Sec. 1404. Provision of United States military assistance.
            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authorization of military construction project at Fort 
                            Bragg, North Carolina, for which funds have 
                            been appropriated.
                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Restoration of authority to carry out military construction 
                            project at Naval Supply Center, Pensacola, 
                            Florida.
Sec. 2206. Design activities for upgrade of Mayport Naval Station, 
                            Florida.
                         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. Revision of family housing project at Tyndall Air Force 
                            Base, Florida.
Sec. 2306. Authorization of military construction projects at Tyndall 
                            Air Force Base, Florida, for which funds 
                            have been appropriated.
Sec. 2307. Modification of Air Force Plant No. 3.
Sec. 2308. Repeal of limitation on order of retirement of Minuteman II 
                            missiles.
                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
                            acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvement to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Community impact assistance with regard to Naval Weapons 
                            Station, Charleston, South Carolina.
      TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
                            acquisition projects.
Sec. 2602. Prohibition on using funds for unauthorized Guard and 
                            Reserve projects.
Sec. 2603. Authorization of projects for which funds have been 
                            appropriated.
Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.
        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
                            specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1992 
                            projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1991 
                            projects.
Sec. 2704. Effective date.
                    TITLE XXVIII--GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

Sec. 2801. Strengthening monetary limitation on renovation of 
                            facilities.
Sec. 2802. Navy housing investment agreements.
Sec. 2803. Navy Housing Investment Board.
            Subtitle B--Defense Base Closure and Realignment

Sec. 2811. Prohibition against consideration in base closure process of 
                            advance economic planning undertaken by 
                            communities adjacent to military 
                            installations.
Sec. 2812. Repayment of State and local costs incurred in connection 
                            with establishment of certain military 
                            installations selected for closure.
Sec. 2813. Limitation on sources of funds available to implement base 
                            closures and realignments.
Sec. 2814. Prohibition on transfer of certain property located at 
                            military installations to be closed pending 
                            completion of redevelopment plans.
Sec. 2815. Report of effect of base closures on future mobilization 
                            options.
Sec. 2816. Restoration of annual leave for civilian employees in 
                            connection with certain base realignments.
Sec. 2817. Government rental of facilities located on closed military 
                            installations.
       Subtitle C--Changes to Existing Land Conveyance Authority

Sec. 2821. Additional lessee of property at Naval Supply Center, 
                            Oakland, California.
Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military 
                            Reservation, Virginia.
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons 
                            Industrial Reserve Plant, New York, as 
                            nature preserve.
Sec. 2824. Release of reversionary interest retained as part of 
                            conveyance of electricity distribution 
                            system, Fort Dix, New Jersey.
                      Subtitle D--Land Conveyances

Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City 
                            (Westover), New York.
Sec. 2833. Land conveyance, Radar Bomb Scoring Site, Dickinson, North 
                            Dakota.
Sec. 2834. Land conveyance, Army Reserve Facility, Rio Vista, 
                            California.
Sec. 2835. Land conveyance, Naval Weapons Industrial Reserve Plant, 
                            Calverton, New York.
Sec. 2836. Lease of property, Naval Radio Receiving Facility, Imperial 
                            Beach, Coronado, California.
Sec. 2837. Release of requirements and reversionary interest on certain 
                            property in Baltimore, Maryland.
Sec. 2838. Release of reversionary interest on certain property in York 
                            County, James City County, and Newport 
                            News, Virginia.
Sec. 2839. Transfer of jurisdiction, Air Force housing at radar site, 
                            Holbrook, Arizona.
Sec. 2840. Land conveyance, Fort Dix, New Jersey.
Sec. 2841. Land conveyance, naval shipyard, Vallejo, California.
                       Subtitle E--Other Matters

Sec. 2851. Authority for Oxnard Harbor District, Port Hueneme, 
                            California, to use certain navy property.
Sec. 2852. Environmental education and training program for defense 
                            personnel.
Sec. 2853. Repeal of restriction on land transactions relating to 
                            Presidio of San Francisco, California.
Sec. 2854. Report on use of military installations in Okinawa.
Sec. 2855. Modification of height restriction in avigation easement.
Sec. 2856. Continued operation of military medical treatment facility 
                            at K. I. Sawyer Air Force Base, Michigan.
Sec. 2857. Technical amendment to correct reference in land 
                            transaction.
Sec. 2858. Additional exception to prohibition on storage and disposal 
                            of nondefense toxic and hazardous materials 
                            at military installations.
 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement of conceptual design for request of construction 
                            funds.
Sec. 3127. Authority for emergency planning, design, and construction 
                            activities.
Sec. 3128. Funds available for all national security programs of the 
                            Department of Energy.
Sec. 3129. Availability of funds.
   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Worker protection at nuclear weapons facilities.
Sec. 3136. Worker health and protection.
Sec. 3137. Limitation on use of program direction funds.
Sec. 3138. Limitation on use of funds for new construction projects.
Sec. 3139. Limitation on use of funds for special access programs.
Sec. 3140. Prohibition on prefinancing.
Sec. 3141. International Center for Applied Research.
Sec. 3142. Limitation on study or relocation of tritium-related 
                            activities and operations.
                       Subtitle D--Other Matters

Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the 
                            Nevada Test Site, Nevada.
Sec. 3154. Report on waste streams generated by nuclear weapons 
                            production cycle.
Sec. 3155. Release of certain restricted data.
Sec. 3156. Designation of Marilyn Lloyd Scholarship and Fellowship 
                            Program.
Sec. 3157. Report on economic redevelopment and conversion activities 
                            resulting from reconfiguration of 
                            Department of Energy nuclear weapons 
                            complex.
Sec. 3158. Prohibition on disclosure of certain information on exposure 
                            to radiation released from Hanford Nuclear 
                            Reservation.
   TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION

Sec. 3201. Authorization.
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Conditions on authority to dispose of certain strategic and 
                            critical materials.
Sec. 3302. Rejection of change in stockpiling principles.
Sec. 3303. Limitations on the disposal of chromite and manganese ores.
Sec. 3304. Conditional prohibition on proposed disposal of zinc from 
                            National Defense Stockpile.
Sec. 3305. Special program for conversion of low carbon ferro chromium 
                            to high purity electrolytic chromium metal.
                       TITLE XXXIV--CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.
Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert 
                            T. Stafford Disaster Relief and Emergency 
                            Assistance Act.
                  TITLE XXXV--NAVAL PETROLEUM RESERVES

Sec. 3501. Authorization of appropriations.
Sec. 3502. Price requirement on sale of certain petroleum during fiscal 
                            year 1995.

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 1995 
for procurement for the Army as follows:
            (1) For aircraft, $1,301,452,000.
            (2) For missiles, $685,136,000.
            (3) For weapons and tracked combat vehicles, $942,886,000.
            (4) For ammunition, $854,883,000.
            (5) For other procurement, $2,651,233,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 1995 for procurement for the Navy as follows:
            (1) For aircraft, $4,588,007,000.
            (2) For weapons, including missiles and torpedoes, 
        $2,223,246,000.
            (3) For shipbuilding and conversion, $6,869,897,000.
            (4) For other procurement, $3,241,611,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 1995 for procurement for the Marine Corps in the amount 
of $528,352,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for procurement for the Air Force as follows:
            (1) For aircraft, $6,101,767,000.
            (2) For weapons including missiles, $3,953,232,000.
            (3) For other procurement, $6,855,423,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for defense-wide procurement in the amount of $2,066,694,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for procurement for the Inspector General of the Department of Defense 
in the amount of $1,000,000.

SEC. 106. RESERVE COMPONENTS.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
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, $262,000,000.
            (2) For the Air National Guard, $176,000,000.
            (3) For the Army Reserve, $50,000,000.
            (4) For the Naval Reserve, $183,000,000.
            (5) For the Air Force Reserve, $68,900,000.
            (6) For the Marine Corps Reserve, $47,300,000.

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    (a) Authorization.--There is hereby authorized to be appropriated 
for fiscal year 1995 the amount of $670,349,000 for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare material of the 
        United States that is not covered by section 1412 of such Act.
    (b) Allocation.--Of the funds specified in subsection (a)--
            (1) $365,084,000 is for operations and maintenance;
            (2) $284,465,000 is for procurement; and
            (3) $20,800,000 is for research and development efforts in 
        support of the nonstockpile chemical weapons program.

                       Subtitle B--Army Programs

SEC. 111. PROCUREMENT OF HELICOPTERS.

    Sections 132 and 133 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189) are repealed.

                       Subtitle C--Navy Programs

SEC. 121. TERMINATION OF NAVY F-14A/B UPGRADE PROGRAM.

    (a) Termination.--The Secretary of Defense shall terminate the F-
14A/B aircraft upgrade program.
    (b) Limitation on Funds.--None of the funds appropriated or 
otherwise made available to the Department of Defense for procurement 
for fiscal year 1995 or a later fiscal year may be obligated for the F-
14A/B aircraft upgrade program.

SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYSTEMS FOR TRIDENT II 
              MISSILES.

    No funds authorized to be appropriated for fiscal year 1995 for 
Mark 6 guidance systems for Trident II (D-5) missiles may be obligated 
until the Secretary of Defense certifies to the congressional defense 
committees that, based upon a review by the Secretary of the readiness, 
testing, spares, and logistics requirements for the guidance system, 
the inventory objective of 562 units of the guidance system is required 
to support the inventory objective for Trident II (D-5) missiles.

SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.

    (a) Limitation.--The Secretary of the Navy may not modify any 
Trident I submarine to enable that submarine to be deployed with 
Trident II (D-5) missiles.
    (b) Waiver Authority.--If the Secretary of Defense determines that 
adherence to the prohibition in subsection (a) would result in a 
significant national security risk to the United States, the Secretary 
may waive that prohibition. Such a waiver may not take effect until the 
Secretary submits to Congress a certification of that determination and 
of the reasons for that determination.

SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT PROGRAM.

    Section 1424(b) of the National Defense Authorization Act for 
Fiscal Year 1991 (10 U.S.C. 7291 note) is amended--
            (1) by inserting ``or converted'' after ``constructed'' 
        each place it appears; and
            (2) by inserting ``or conversion'' after ``construction'' 
        each place it appears.

SEC. 125. LIMITATION ON COST OF SEAWOLF SUBMARINE PROGRAM.

    No more than $4,673,371,000 nay be obligated or expended for 
procurement of the SSN-21 and SSN-22 Seawolf submarines.

SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VESSELS.

    (a) Limitation.--The Secretary of the Navy may not obligate funds 
for any of the vessels designated as TAGS-63, TAGS-64, or TAGS-65 
unless the Secretary certifies to the congressional defense committees 
that the multibeam sonars to be used on those vessels (whether new or 
remanufactured) have been obtained through the use of competitive 
acquisition procedures.
    (b) National Security Waiver.--The Secretary of the Navy may waive 
the limitation in subsection (a) for reasons of national security. Such 
a waiver may not take effect until the Secretary submits to the 
Committees on Armed Services of the Senate and House of Representatives 
a report giving notice of the waiver and an explanation of the national 
security reasons for the waiver.

SEC. 127. ADVANCED CAPABILITY (ADCAP) MODIFICATION PROGRAM FOR THE MK-
              48 TORPEDO.

    Within the amount provided in section 102(a)(2) for procurement of 
weapons, including missiles and torpedoes, for the Navy--
            (1) the amount provided for the Advanced Capability (ADCAP) 
        modification program for the MK-48 torpedo is hereby increased 
        by $52,300,000; and
            (2) the amount provided for the Fleet Satellite 
        Communications program is hereby reduced by $52,300,000.

                     Subtitle D--Air Force Programs

SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.

    (a) Authorization.--Of the amount provided in section 103 for 
procurement of aircraft for the Air Force--
            (1) $103,000,000 shall be available for Non-Developmental 
        Alternative Aircraft procurement; and
            (2) $2,303,402,000 shall be available for the C-17 aircraft 
        program, of which--
                    (A) $2,249,819,000 is for procurement of six C-17 
                aircraft;
                    (B) $47,475,000 is for advance procurement of up to 
                eight C-17 aircraft for fiscal year 1996; and
                    (C) $6,108,000 is for C-17 modifications.
    (b) Requirement for Competition.--The Secretary of Defense shall 
use competitive procedures in selecting a source for the aircraft to be 
procured as Non-Developmental Alternative Aircraft under subsection 
(a).
    (c) Notice to Congress.--Funds described in subsection (a) may not 
be obligated for procurement under subsection (a) until 60 days after 
the date which the Secretary of Defense submits to the congressional 
defense committees a report describing the Secretary's plan for the 
obligation of those funds.
    (d) Preservation of Intertheater Airlift Capacity.--In acquiring 
aircraft under subsection (a), the Secretary of Defense shall structure 
the acquisition of those aircraft so as to preserve the aggregate 
intertheater airlift capacity of the Air Force (measured in millions of 
ton-miles per day) as of the date of the enactment of this Act.

SEC. 132. B-2 BOMBER PROGRAM COST LIMITATION.

    In determining the expenditures to be applied against the total 
program cost limitation of $28,968,000,000 (in fiscal year 1981 
constant dollars) specified by law for the B-2 bomber program, 
expenditures by the Department of Defense associated with preserving 
the industrial facilities used to produce that aircraft shall be 
included in that total program cost.

SEC. 133. BOMBER FORCE UPGRADE PROGRAM.

    (a) Heavy Bomber Force Upgrade Fund.--From funds authorized by 
section 104 for defense-wide procurement activities, $100,000,000 shall 
be for a heavy bomber force upgrade fund. The Secretary of Defense may 
obligate amounts in the fund for--
            (1) long-range heavy bombers that would otherwise become 
        attrition reserve aircraft;
            (2) accelerating conventional mission upgrades for the B-1 
        bomber; or
            (3) a combination of expenditures under paragraphs (1) and 
        (2).
    (b) Notice to Congress.--Funds described in subsection (a) may not 
be obligated until 30 days after the date on which the Secretary of 
Defense submits to the congressional defense committees notice of the 
Secretary's proposed expenditures from that fund for the purposes 
specified in subsection (a).

SEC. 134. EVALUATION OF RESTART OF C-5B AIRCRAFT PROCUREMENT.

    (a) Evaluation.--The Secretary of the Air Force shall conduct an 
evaluation of the costs of restarting production of C-5B aircraft for 
the strategic airlift mission. The evaluation shall include startup 
costs and production costs for a production run of from 30 to 70 units.
    (b) Report.--The Secretary shall submit to the congressional 
defense committees a report on the evaluation under subsection (a). The 
report may be submitted as part of any other required report to those 
committees relating to intertheater airlift.

                  Subtitle E--Defense-Wide Activities

SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.

    (a) Risk Mitigation Fund.--From funds authorized by section 104 for 
defense-wide procurement, $300,000,000 shall be for a satellite early-
warning assurance fund. The Secretary of Defense may obligate amounts 
in the fund for--
            (1) continued procurement of Defense Support Program (DSP) 
        satellite number 24;
            (2) accelerated development of the Alert, Locate, and 
        Report Missiles (ALARM) satellite program leading to launch of 
        the first satellite under that program no later than the first 
        quarter of 2002;
            (3) development of the Brilliant Eyes satellite sensor 
        system;
            (4) acquisition of up to three additional interim theater 
        missile sensors; or
            (5) a combination of expenditures under paragraphs (1), 
        (2), (3), and (4).
    (b) Notice to Congress.--Funds described in subsection (a) may not 
be obligated until after the date on which the Secretary of Defense 
submits to the congressional defense committees notice of the 
Secretary's proposed expenditures from that fund for the purposes 
specified in subsection (a).

               Subtitle F--National Defense Sealift Fund

SEC. 161. PROHIBITION OF TRANSFER OF FISCAL YEAR 1994 FUNDS TO CVN-76 
              CONSTRUCTION.

    None of the fiscal year 1994 unauthorized sealift appropriation (as 
defined in section 164) may be transferred (pursuant to the provisions 
of an Act making appropriations for a fiscal year after fiscal year 
1994 or to authority provided under such an Act) to funds appropriated 
for fiscal year 1994 or a later fiscal year for Shipbuilding and 
Conversion, Navy, to be available for CVN-76 construction.

SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT FUND PROGRAM.

    (a) Use of Fiscal Year 1994 Unauthorized Sealift Appropriation.--
From the fiscal year 1994 unauthorized sealift appropriation (as 
defined in section 164), the amount of $608,600,000 shall, to the 
extent provided in appropriations Acts making appropriations for a 
fiscal year after fiscal year 1994, be available for fiscal year 1995 
programs to be carried out through the National Defense Sealift Fund, 
of which--
            (1) $546,400,000 is for the execution of new ship 
        construction contract options for construction of two 
        prepositioning surge ships;
            (2) $43,000,000 is for procurement and installation of 
        national defense sealift features on privately owned, United 
        States documented commercial roll-on/roll-off vessels that are 
        constructed after the date of the enactment of this Act by a 
        shipyard located in the United States; and
            (3) $19,200,000 is for research and development of 
        strategic sealift technology.
    (b) Denial of Authorization of Appropriations for Fiscal Year 
1995.--No funds are authorized to be appropriated to the National 
Defense Sealift Fund for fiscal year 1995.

SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III ACCOUNT.

    From the fiscal year 1994 unauthorized sealift appropriation (as 
defined in section 164), the amount of $591,400,000 shall, to the 
extent provided in appropriations Acts, be transferred to, and 
deposited in, the account ``Base Realignment and Closure Account, Part 
III'', to be available for the same purposes, and subject to the same 
limitations, as other funds in that account.

SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT APPROPRIATION DEFINED.

    For purposes of this subtitle, the term ``fiscal year 1994 
unauthorized sealift appropriation'' means $1,200,000,000 of the amount 
appropriated for fiscal year 1994 to the National Defense Sealift Fund 
(in title V of the Department of Defense Appropriations Act, 1994 
(Public Law 103-139; 107 Stat. 1435)).

SEC. 165. OPERATION OF SEALIFT VESSELS FOR WHICH ASSISTANCE IS PROVIDED 
              THROUGH NATIONAL DEFENSE SEALIFT FUND.

    Section 2218(f) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) A vessel that is constructed, altered, converted, 
purchased, operated, maintained, leased, or chartered with funds in the 
National Defense Sealift Fund pursuant to subsection (c)(1)--
            ``(i) may not be operated or maintained directly by the 
        Department of Defense or Department of Transportation; and
            ``(ii) may not be crewed by employees of the United States.
    ``(B) Operation and maintenance of any such vessel with funds in 
the National Defense Sealift Fund (including retention of the vessel in 
reduced operating status) shall be conducted using private operating 
companies employing only merchant mariners on board such vessel who are 
United States citizens. To the extent possible, preference in employing 
such mariners shall be given to otherwise qualified former or retired 
military personnel who are released from active duty as a result of the 
downsizing of the armed forces.
    ``(C) Subparagraphs (A) and (B) do not apply during time of war or 
national emergency declared by the President or the Congress if the 
Secretary of Defense certifies that no qualified private contractor or 
private sector merchant mariners are available to operate the vessel.
    ``(D) Nothing in this paragraph shall be construed to--
            ``(i) require the separation by reduction in force of any 
        employee of the United States who, on the date of the enactment 
        of this paragraph, is employed as a crewmember on a vessel 
        described in subparagraph (A); or
            ``(ii) restrict the ability to embark military detachments 
        to operate special equipment.''.

                       Subtitle G--Other Matters

SEC. 171. TRANSFER OF USNS MAURY.

    (a) In General.--The Secretary of the Navy shall transfer the USNS 
Maury (TAGS-39) to the Department of Transportation for assignment as a 
training ship to the California Maritime Academy at Vallejo, 
California. The transfer shall be made on the date of the 
decommissioning of that vessel.
    (b)  Terms and Conditions.--(1) In carrying out subsection (a), the 
Secretary shall deliver the vessel--
            (A) at the place where the vessel is located on the date of 
        the conveyance;
            (B) in its condition on that date; and
            (C) at no cost to the United States.
    (2) The Secretary may require such additional terms and conditions 
in connection with the transfer authorized by this section as the 
Secretary considers appropriate.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1)For the Army $5,425,303,000.
            (2)For the Navy, $8,913,963,000.
            (3)For the Air Force, $12,318,766,000.
            (4)ForDefense-wideactivities,$9,325,708,000, of which--
                    (A) $254,995,000 is authorized for the activities 
                of the Director, Test and Evaluation; and
                    (B) $12,501,000 is authorized for the Director of 
                Operational Test and Evaluation.

SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.

    (a) Fiscal Year 1995.--Of the amounts authorized to be appropriated 
by section 201, $4,288,064,000 shall be available for basic research 
and exploratory development projects.
    (b) Basic Research and Exploratory Development Defined.--For 
purposes of this section, the term ``basic research and exploratory 
development'' means work funded in program elements for defense 
research and development under Department of Defense category 6.1 or 
6.2.

SEC. 203. TACONITE PROCESSING TECHNOLOGY.

    Of the amount provided in section 201 for the Navy, the sum of 
$500,000 shall be available for the purpose of initiating and carrying 
out a manufacturing technology program for taconite processing 
technology.

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. SPACE LAUNCH MODERNIZATION.

    (a) Policy.--(1) It is in the Nation's long-term national security 
and economic interests to regain preeminence in the area of space 
launch technology and operations.
    (2) Access to space at affordable costs is fundamental to 
maintaining required command, control, communications, intelligence, 
navigation, weather, and early warning support to United States and 
coalition forces.
    (3) Encouragement of privately financed, cost effective expendable 
and reusable launch vehicles is in the economic interest of the 
Department of Defense and the United States Government.
    (b) Required Actions.--The Secretary of Defense shall take the 
following actions in pursuance of the space launch modernization policy 
set forth in subsection (a):
            (1) Begin and complete a program to replace or consolidate 
        the current fleet of medium and heavy expendable launch 
        vehicles with new or upgraded expendable launch vehicles or 
        with a combination of expendable and reusable launch vehicles. 
        The Secretary shall initiate flight tests of new or upgraded 
        expendable launch vehicles and of reusable launch vehicles not 
        later than 1998 to achieve an initial launch capability for 
        selected replacement vehicles not later than July 1, 2002. The 
        program shall include a fly-before-buy acquisition strategy 
        with both advanced concept technology demonstrations of 
        expendable launch vehicles and advanced technology 
        demonstrations of reusable launch vehicles.
            (2) For purposes of paragraph (1), initiate a competitive 
        Advanced Concept Technology Demonstration program to achieve a 
        cost reduction over current medium and heavy expendable launch 
        vehicles of at least 15 percent in flyaway cost per pound (in 
        fiscal year 1994 dollars) and at least 25 percent reduction in 
        launch operations costs per launch (in fiscal year 1994 
        dollars).
            (3) Encourage and evaluate innovative acquisition, 
        technical, and financing (including best commercial practices) 
        solutions for providing affordable, operable, reliable, and 
        responsive access to space.
            (4) Centralize oversight of launch requirements of the 
        Department of Defense and other users to preclude inflated 
        requirements from escalating current and future launch costs.
            (5) Encourage and provide incentives for the use of 
        commercial practices in the acquisition, operation, and support 
        of Department of Defense space operations.
            (6) Establish effective suitable coordination among 
        military, civilian, and commercial launch developers and users.
    (c) Allocation of Funds.--Of the amount authorized to be 
appropriated in section 201(3), $200,000,000 shall be available for 
research, development, test, and evaluation of non-man-rated space 
launch systems and technologies. Of that amount--
            (1) $100,000,000 shall be available only for a competitive 
        reusable rocket technology demonstration program, including--
                    (A) use of at least 90 percent of such amount for 
                development and flight testing of one or more 
                technology demonstration vehicles, and
                    (B) further development of reusable rocket 
                technologies; and
            (2) $100,000,000 shall be available only for an Advanced 
        Concept Technology Demonstration program for expendable launch 
        vehicles, including--
                    (A) competitive development and flight testing of 
                advanced concept technology demonstration vehicles, and
                    (B) further development of enhanced technologies 
                related to expendable launch vehicles, including 
                Russian rocket propulsion technology.
    (d) Limitations.--(1) Not more than 2 percent of the funds made 
available by subsection (c) may be used for direct and indirect 
Department of Defense-related program office, contractor support, and 
management overhead costs.
    (2) Program office staff may not exceed 10 individuals, including 
contractor support.
    (3) None of the funds authorized in this section may be released or 
otherwise transferred for execution or obligation to any Government 
department, agency, or organization outside the Department of Defense.

SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY DEMONSTRATION.

    (a) In General.--(1) Of the amounts authorized to be appropriated 
pursuant to section 201, up to $2,000,000 of the amount for the Navy 
and up to $2,000,000 of the amount for the Air Force shall be used for 
the conduct of a demonstration of nondevelopmental technology that 
would enable the use of a single adaptor kit for munitions described in 
paragraph (2) in order to give those munitions a standoff and near-
precision guided capability. Such amounts shall be obligated not later 
than nine months after the date of the enactment of this Act.
    (2) Paragraph (1) applies to guided and unguided in-inventory 
munitions of the class of 1,000 pounds and below.
    (b) Report.--The Secretary of the Defense shall submit to the 
congressional defense committees a report setting forth in detail the 
results and costs of the demonstration and the applicability of the 
technology demonstrated in providing the Armed Forces with an 
inexpensive solution to providing both range extension and near-
precision guided capability to in-inventory munitions.

SEC. 213. 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 fiscal year 1995 unless such 
testing is specifically authorized by law.

SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COMBAT SYSTEMS TESTING 
              REQUIREMENTS.

    (a) Covered Systems.--Subsection (a) of section 220 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1589) is amended--
            (1) by inserting ``ACAT I level integrated or stand-alone'' 
        before ``electronic combat system''; and
            (2) by inserting ``ACAT I level integrated or stand-alone'' 
        before ``command, control, and communications countermeasure 
        system''.
    (b) Applicability.--Subsection (e) of section 220 of such Act is 
amended to read as follows:
    ``(e) Applicability.--The provisions of subsections (a) and (b) 
shall apply to an ACAT I level integrated or stand-alone electronic 
combat system and to an ACAT I level integrated or stand-alone command, 
control, and communications countermeasure system regardless of whether 
development of the electronic combat system or the command, control, 
and communications countermeasure system, as the case may be, began 
before, on, or after the date of the enactment of this Act.''.

SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.

    (a) Subject to subsection (b), the Secretary of the Navy shall, not 
later than September 30, 1994, obligate funds appropriated to the 
Department of Defense for fiscal year 1994 and prior years to carry out 
logistics support, maintenance, and integration of existing Advanced 
Self Protection Jammer systems from the Navy inventory into the F-14D 
aircraft for testing and evaluation. The Secretary may acquire 
sufficient racks, spares, and logistic support, including hardware and 
software, necessary to maintain the existing ASPJ systems in the Navy 
inventory.
    (b) The Secretary of the Navy may obligate funds under subsection 
(a) only to the extent provided in appropriations Acts.
    (c) The Secretary of the Navy shall carry out subsection (a) 
notwithstanding section 122 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2334).

SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.

    (a) Purpose.--The purpose of the Advanced Lithography Program 
(hereinafter in this section referred to as the ``ALP'') is to fund 
goal-oriented research and development to be conducted in both the 
public and private sectors to help achieve a competitive position for 
American lithography tool manufacturers in the international market 
place.
    (b) Conduct of Program.--(1) The program shall be conducted in 
accordance with research and development plans (including an interim 
plan) developed by the Semiconductor Technology Council, established in 
section 273 of the National Defense Authorization Act for Fiscal Years 
1988 and 1989 (15 U.S.C. 4603) (as amended by section 263 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1608)).
    (2) The interim plan referred to in paragraph (1) shall be the 
Semiconductor Industry Association (SIA) 1994 development plan for 
lithography.
    (c) Program Management.--The Advanced Research Projects Agency 
(ARPA) shall be the executive agent for the ALP and shall ensure 
seamless program planning of the ALP into the full range of ARPA core 
electronics development programs.
    (d) Funding.--Of the funds authorized to be appropriated in section 
201, $100,000,000 shall be available for the advanced lithography 
program. Of that amount--
            (1) $75,000,000 shall be available to conduct research and 
        development activities in accordance with subsection (b); and
            (2) $25,000,000 shall be available to procure advanced 
        American-manufactured lithography tools for evaluation at 
        Government-owned or Government-sponsored research facilities 
        engaged in advanced lithography.
    (e) Requirements.--Not later than January 1, 1995--
            (1) the President shall appoint to the Semiconductor 
        Technology Council, referred to in subsection (a), the members 
        listed in section 273(c) of the National Defense Authorization 
        Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603);
            (2) the Under Secretary of Defense for Acquisition and 
        Technology, in his capacity as Cochairman of the Council, shall 
        call a meeting of the Council for the purpose of developing a 
        national strategy for lithography;
            (3) the Council shall issue a Department of Defense 
        instruction for the operation of the Council; and
            (4) the Council shall develop and submit to the Secretary 
        of Defense a plan for achieving the national strategy for 
        lithography.
    (f) Restriction.--After January 1, 1995, no funds may be obligated 
by the Department of Defense for the High Performance Computing Program 
(PE 602301E), Sematech (PE 603745E), or Warbreaker (PE 603226E; Project 
EE40) unless the events listed in subsection (e) have occurred.

SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    (a) Authority.--A Federally Funded Research and Development Center 
(FFRDC) of the Department of Defense that functions primarily as a 
research laboratory may respond to solicitations and announcements 
under programs authorized by the Federal Government for the purpose of 
promoting the development and transfer of dual-use technology to the 
United States industrial sector if such FFRDC meets the following 
conditions:
            (1) The FFRDC is a collaborating member of a United States 
        industry-led team.
            (2) The nature of such collaboration is that of a 
        precompetitive research and technology development effort.
    (b) Use of Cooperative Agreements.--An FFRDC described in 
subsection (a) that responds to a solicitation or announcement 
described in such subsection shall not be considered to be engaging in 
a competitive procedure and may use a cooperative research and 
development agreement (as defined in section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a)) or other 
cooperative agreement as the instrument of participation in the 
solicitation or announcement.

SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
              RESEARCH.

    (a) In General.--(1) The Secretary, through the Director of Defense 
Research and Engineering, shall operate a Defense Experimental Program 
to Stimulate Competitive Research (hereinafter in this section referred 
to as ``DEPSCoR'') as part of the university research programs of the 
Department of Defense.
    (2) The objectives of DEPSCoR shall be--
            (A) to enhance the competitiveness within the peer-review 
        system of investigators from academic institutions in eligible 
        States; and
            (B) to increase the probability of long-term growth of 
        competitive funding to investigators at institutions from 
        eligible States.
    (3) In order to carry out the objectives stated in paragraph (2), 
DEPSCoR shall provide for activities which may include competitive 
research awards, research infrastructure support, and graduate 
traineeships.
    (4) DEPSCoR shall assist those States that--
            (A) historically have received relatively little Federal 
        research and development funding; and
            (B) have demonstrated a commitment to develop their 
        research bases and improve science and engineering research and 
        education programs at their universities and colleges.
    (b) Definition.--The term ``eligible States'' means States that 
have been designated by the Director of the National Science Foundation 
as eligible to participate in the Experimental Program to Stimulate 
Competitive Research.
    (c) Coordination.--The Secretary shall consult with the Director of 
the National Science Foundation and the Director of the Office of 
Science and Technology Policy in the planning, development, and 
execution of DEPSCoR and shall coordinate the Department's program with 
similar programs sponsored by other Federal agencies. All solicitations 
shall be made to, and all awards shall be made through, the State 
committees established by the National Science Foundation for the 
purpose of administering the Experimental Program to Stimulate 
Competitive Research. The State committees shall ensure that the 
DEPSCoR program is coordinated with other Federal Experimental Program 
to Stimulate Competitive Research initiatives in their respective 
States.

SEC. 219. DIGITAL BATTLEFIELD PROGRAM.

    (a) Establishment of Program.--The Secretary of the Army shall 
establish a Digital Battlefield program to provide enhancements 
required to field components for a digitalized battlefield by 1996. 
These enhancements shall include electronics, second-generation 
forward-looking infrared technology, and communications for major 
platforms and development of applique packages for platforms without 
embedded digital systems.
    (b) Funding.--Of the amounts authorized to be appropriated pursuant 
to section 201, $50,000,000 shall be available for fiscal year 1995 for 
the digital battlefield program (PE 203758A).
    (c) Program Limitation.--None of the funds appropriated pursuant to 
section 201 for the digital battlefield program (PE 203758A) for the 
Army for fiscal year 1995 may be obligated for research and development 
activities for development or integration of such program until the 
Secretary of the Army--
            (1) establishes, and programs funds for, a research and 
        development program to enhance the processing and memory 
        capability of the electronic systems on the Abrams tank to make 
        the M1/M1A2 Abrams tank compatible and interoperable with the 
        digital battlefield, when placed into service;
            (2) restructures the M1 Abrams tank upgrade program to 
        incorporate the enhancements produced by the research and 
        development program established under paragraph (1);
            (3) transmits to the congressional defense committees a 
        report providing notice of the restructured M1A2 program under 
        paragraph (2) and a description of the program;
            (4) coordinates with the Secretary of the Navy to include 
        the Marine Corps in the Army's plans for the digital 
        battlefield; and
            (5) transmits to the congressional defense committees a 
        report describing--
                    (A) the Army's plan of actions and milestones for 
                defining the overall system architecture for the 
                digital battlefield, the standards and protocols for 
                the digital battlefield, and resulting requirements;
                    (B) how those requirements affect or will affect 
                the major platforms that will make up the digital 
                battlefield; and
                    (C) the manner in which coordination with the 
                Secretary of the Navy under paragraph (4) is being 
                carried out.

SEC. 220. MOBILE OFF-SHORE BASE AND LANDING SHIP QUAY CAUSEWAY PROGRAM.

    (a) Findings.--Congress makes the following findings:
            (1) The concepts of the sea-going Mobile Off-Shore Base and 
        the related Landing Ship Quay Causeway could result in 
        significant improvements in the capability for the Armed Forces 
        to respond to crises in those areas where land bases are not 
        available for use by those forces.
            (2) The potential development and acquisition costs of the 
        Mobile Off-Shore Base and the Landing Ship Quay Causeway are 
        such that any program for development of the Mobile Off-Shore 
        Base or the Landing Ship Quay Causeway should be designated as 
        a major defense acquisition program.
    (b) Limitation.--No funds are authorized for fiscal year 1995 for 
research and development for a Mobile Off-Shore Base or a Landing Ship 
Quay Causeway program. The Secretary of Defense may not develop or 
acquire a Mobile Off-Shore Base or a Landing Ship Quay Causeway until 
both of the following occur:
            (1) The military requirement for a Mobile Off-Shore Base 
        and a Landing Ship Quay Causeway, as reflected in operational 
        requirements documents, is approved by the Joint Requirements 
        Oversight Council.
            (2) The Secretary of Defense certifies to the congressional 
        defense committees that--
                    (A) there is a validated requirement for the Mobile 
                Off-Shore Base or the Landing Ship Quay Causeway; and
                    (B) the acquisition plan and program to fulfill the 
                requirement are established and are funded to the end 
                of the current future-years defense program submitted 
                pursuant to section 221 of title 10, United States 
                Code.

SEC. 221. ARROW/ACES PROGRAM.

    Of the amount provided in section 201 for Defense-wide activities, 
$52,400,000 is available for the Arrow/ACES program.

SEC. 222. ARMY HELICOPTER ENGINE UPGRADE PROGRAM.

    The amount authorized in section 201 for the Army is hereby reduced 
by $4,500,000, to be derived from the amount provided for development 
of an electronic fuel control to upgrade the hydromechanical unit for 
the T53-series helicopter engine.

SEC. 223. RESEARCH AND DEVELOPMENT FOR STRATEGIC METALS.

    (a) Research and Development.--The Secretary of Defense, in 
consultation with the Secretary of Commerce, shall give consideration 
to acceleration of research and development projects for strategic 
metals and alloys to support the objectives of section 2501(c) of title 
10, United States Code. In carrying out the preceding sentence, the 
Secretary of Defense shall begin by conducting a project for the 
acceleration of research in aluminum beryllium alloys to meet military 
and commercial standards for emerging applications.
    (b) Funding.--Of the amounts authorized in section 201(4) for 
materials and electronic technology carried out by the Advanced 
Research Projects Agency, $2,000,000 is authorized for the project for 
acceleration of research in aluminum beryllium alloys described in 
subsection (a).

                  Subtitle C--Missile Defense Programs

SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION BUDGET PRESENTATION.

    In the budget of the President for any fiscal year, amounts 
requested for the Ballistic Missile Defense Organization shall be set 
forth showing the amounts requested for each individual program, 
project, and activity of that organization as well as the total amount 
requested for the organization.

SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.

    (a) Naval Theater Missile Defense.--Of the amount provided for the 
Ballistic Missile Defense Organization under section 201 for Theater 
Missile Defense, not less than $40,000,000 shall be available to 
support the aggressive exploration of the Navy Upper Tier Program for 
Naval Theater Missile Defense.
    (b) Accelerated Advanced Concept Technology Demonstration 
Program.--The Secretary of Defense, acting through the Director of the 
Ballistic Missile Defense Organization, shall initiate during fiscal 
year 1995 an accelerated Advanced Concept Technology Demonstration 
Program to demonstrate the technical feasibility of using the Navy's 
Block IV Standard Missile combined with a kick stage rocket motor and 
the lightweight Exoatmospheric Projectile (LEAP) as a near-term option 
for cost-effective wide-area Theater Missile Defense.
    (c) Theater Missile Defense Program Priorities.--(1) The Secretary 
of Defense, acting through the Director of the Ballistic Missile 
Defense Organization, shall establish as the first priority of the 
Theater Missile Defense Program the deployment of--
            (A) a layered land-based Theater Missile Defense capability 
        consisting of the Patriot Advanced Capability (PAC-3) system 
        and the Theater High-Altitude Area Defense (THAAD) system; and
            (B) a layered sea-based Theater Missile Defense capability 
        consisting of the Navy Lower Tier theater missile defense 
        program and the Navy Upper Tier theater missile defense 
        program.
    (2) Each program referred to in paragraph (1) shall be treated by 
the Department of Defense as a major acquisition program for funding 
purposes for fiscal years 1995 through 1999, as prescribed in the 
October 1993 report of the Secretary of Defense entitled ``Report on 
the Bottom Up Review'' and in Defense Planning Guidance.

SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION ACTIVITIES.

    (a) In General.--Of the amount provided in section 201 for Defense-
wide Activities, $210,000,000 is for theater missile defense risk 
reduction activities of the Ballistic Missile Defense Organization. 
None of such amount may be obligated for a program specified in 
subsection (b) until 30 days after the date on which the Secretary of 
Defense submits to the congressional defense committees notice of the 
Secretary's plans to obligate funds for such program.
    (b) Programs.--The programs referred to in subsection (a) are the 
following:
            (1) The Extended-Range Interceptor (ERINT) program.
            (2) The Multi-Mode Missile.
            (3) Sea-based lower tier systems.
            (4) Sea-based upper tier systems.

SEC. 234. MILITARY SATELLITE COMMUNICATIONS.

    (a) MILSTAR Limitation.--Of the amount authorized in section 201 
for the MILSTAR satellite communications program, $50,000,000 may not 
be obligated until a report setting forth the plan described in 
subsection (b) has been received by the congressional defense 
committees.
    (b) Military Communications Master Plan.--The Secretary of Defense 
shall develop a military communications master plan that addresses--
            (1) the projected military communications requirements of 
        the Department of Defense;
            (2) alternate and innovative ways of meeting those 
        requirements (including greater reliance on the commercial 
        sector); and
            (3) methods to ensure that those elements of the Department 
        of Defense that create the demand for such communications 
        services are required to have an important role in paying for 
        the provision of those services.

SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.

    (a) Limitation.--The Secretary of Defense may not conduct a flight 
test program of theater missile defense interceptors and sensors if an 
anticipated result of the launch of a missile under that test program 
would be release of debris in a land area 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.
    (c) Certain Testing Unaffected.--Nothing in this section shall be 
construed as prohibiting or limiting testing of cruise missiles, 
unmanned aerial vehicles (UAVs), or precision-guided munitions.

SEC. 236. COMPLIANCE WITH THE ABM TREATY.

    (a) Limitation.--Funds appropriated to the Department of Defense 
for fiscal year 1995, or otherwise made available to the Department of 
Defense from any funds appropriated for fiscal year 1995 or for any 
fiscal year before 1995, may not be obligated or expended--
            (1) for any development or testing of anti-ballistic 
        missile systems or components except for development and 
        testing consistent with the interpretation of the ABM Treaty 
        set forth in the enclosure to the July 13, 1993, ACDA letter; 
        or
            (2) for the acquisition of any material or equipment 
        (including long lead materials, components, piece parts, or 
        test equipment, or any modified space launch vehicle) required 
        or to be used for the development or testing of anti-ballistic 
        missile systems or components, except for material or equipment 
        required for development or testing consistent with the 
        interpretation of the ABM Treaty set forth in the enclosure to 
        the July 13, 1993, ACDA letter.
    (b) Definitions.--In this section:
            (1) The term ``July 13, 1993, ACDA letter'' means the 
        letter dated July 13, 1993, from the Acting Director of the 
        Arms Control and Disarmament Agency to the chairman of the 
        Committee on Foreign Relations of the Senate relating to the 
        correct interpretation of the ABM Treaty and accompanied by an 
        enclosure setting forth such interpretation.
            (2) The term ``ABM Treaty'' means the Treaty between the 
        United States of America and the Union of Soviet Socialist 
        Republics on the Limitation of Anti-Ballistic Missiles, signed 
        in Moscow on May 26, 1972.

                  Subtitle D--Women's Health Research

SEC. 241. DEFENSE WOMEN'S HEALTH RESEARCH PROGRAM.

    (a) Continuation of the Program.--The Secretary of Defense shall 
continue the Defense Women's Health Research Program (hereinafter in 
this section referred to as the ``Program'') established in fiscal year 
1994 pursuant to the authority in section 251 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1606). The Program shall continue under an Army executive agency or 
agent and shall serve as the coordinating agent for multidisciplinary 
and multi-institutional research within the Department of Defense on 
women's health issues related to service in the Armed Forces. The 
Program also shall coordinate with research supported by the Department 
of Health and Human Services and other agencies that is aimed at 
improving the health of women.
    (b) Implementation Plan.--If the Secretary of Defense intends to 
change the plan for the implementation of the Program previously 
submitted to the Committees on Armed Services of the Senate and House 
of Representatives, the amended plan shall be submitted to such 
committees before implementation.
    (c) Program Activities.--The Program shall support health research 
into matters relating to the service of women in the military, 
including the following matters:
            (1) Epidemiologic research, including health care needs of 
        deployed women, patterns of illness and injury, environmental 
        and occupational hazards, side-effects of pharmaceuticals and 
        biologicals, and psychological stress associated with military 
        training, deployment, traumatic incidents, and other military 
        life conditions.
            (2) Data base development designed to facilitate long-term 
        research studies of women's health issues, and continued 
        development and support of a military women's health 
        information clearinghouse to serve as an information resource 
        for clinical, research, and policy issues affecting women in 
        the Armed Forces.
            (3) Policies and standards issues, including research 
        supporting development of military standards related to 
        training, operations, deployment, and retention and their 
        relationship to factors affecting women's health.
            (4) Research emphasizing interventions that have a 
        potential for affecting health issues associated with women's 
        military service.
    (d) Funding.--Of the amount authorized to be appropriated pursuant 
to section 201, $40,000,000 shall be available for the Program.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance in amounts as follows:
            (1) For the Army, $17,362,741,000.
            (2) For the Navy, $20,110,196,000.
            (3) For the Marine Corps, $1,997,095,000.
            (4) For the Air Force, $18,733,458,000.
            (5) For Defense-wide activities, $9,513,523,000.
            (6) For the Army Reserve, $1,255,057,000.
            (7) For the Naval Reserve, $827,819,000.
            (8) For the Marine Corps Reserve, $81,462,000.
            (9) For the Air Force Reserve, $1,481,332,000.
            (10) For the Army National Guard, $2,448,615,000.
            (11) For the Air National Guard, $2,780,178,000.
            (12) For the National Board for the Promotion of Rifle 
        Practice, $2,544,000.
            (13) For the Defense Inspector General, $147,172,000.
            (14) For the Court of Military Appeals, $6,152,000.
            (15) For Environmental Restoration, Defense, 
        $2,180,200,000.
            (16) For Drug Interdiction and Counter-drug Activities, 
        Defense-wide, $714,200,000.
            (17) For Medical Programs, Defense, $9,613,331,000.
            (18) For the National Contingency Operation Non-DBOF Costs 
        Fund, $300,000,000.
            (19) For Department of Defense World War II 50th 
        Anniversary Program, $500,000.
            (20) For Project Peace, $15,000,000.
            (21) For Former Soviet Union Threat Reduction, 
        $400,000,000.
            (22) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $60,000,000.

SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for the Defense Business Operations Fund in 
the amount of $1,212,038,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

    There is hereby authorized to be appropriated for fiscal year 1995 
from the Armed Forces Retirement Home Trust Fund the sum of $59,317,000 
for the operation of the Armed Forces Retirement Home, including the 
United States Soldiers' and Airmen's Home and the Naval Home.

SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR WORK.

    (a) Increased Funding for Department of Defense Depot-Level 
Activities.--Of amounts authorized to be appropriated for fiscal year 
1995 under section 301, the amount that shall be available for the 
performance of depot-level maintenance and repair work by depot-level 
activities of the Department of Defense is the amount equal to the sum 
of--
            (1) the total amount requested in the President's budget 
        for that fiscal year for the Department of Defense for the 
        performance of depot-level maintenance and repair work; and
            (2) $600,000,000, of which--
                    (A) $300,000,000 shall be available for the Army;
                    (B) $100,000,000 shall be available for the Navy;
                    (C) $150,000,000 shall be available for the Air 
                Force; and
                    (D) $50,000,000 shall be available for the Marine 
                Corps.
    (b) Decreased Funding for Contractors.--Of amounts appropriated for 
fiscal year 1995 pursuant to section 301, the amount that shall be 
available for the performance of depot-level maintenance and repair 
work by non-Federal Government personnel is not more than the amount 
equal to 40 percent of the total amount requested in the President's 
budget for that fiscal year for the Department of Defense for the 
performance of depot-level maintenance and repair work.

SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.

    (a) Authority To Provide Support.--The Secretary of Defense may 
provide logistical support and personnel services in connection with 
the 1996 games of the XXVI Olympiad to be held in Atlanta, Georgia.
    (b) Pay and Nontravel-Related Allowances.--(1) Except as provided 
in paragraph (2), the costs for pay and nontravel-related allowances of 
members of the Armed Forces for the support and services referred to in 
subsection (a) may not be charged to appropriations made pursuant to 
the authorization of appropriations in subsection (c).
    (2) Paragraph (1) does not apply in the case of members of a 
reserve component called or ordered to active duty to provide 
logistical support and personnel services for the games of the XXVI 
Olympiad.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $4,000,000 for the Department of Defense for fiscal year 
1995 to carry out subsection (a).

SEC. 306. FUNDS FOR CLEARING LANDMINES.

    Of the funds authorized to be appropriated in section 301, not more 
than $25,000,000 shall be available for activities to support the 
clearing of landmines for humanitarian purposes, as determined by the 
Secretary of Defense.

SEC. 307. SUPPORT FOR THE 1995 SPECIAL OLYMPICS WORLD GAMES.

        (a) Authority To Provide Support.--The Secretary of Defense may 
provide logistical support and personnel services in connection with 
the 1995 Special Olympics World Games to be held in the State of 
Connecticut.
        (b) Pay and Nontravel-Related Allowances.--(1) Except as 
provided in paragraph (2), the costs for pay and nontravel-related 
allowances of members of the Armed Forces for the support and services 
referred to in subsection (a) may not be charged to appropriations made 
pursuant to the authorization in subsection (c).
        (2) Paragraph (1) does not apply in the case of members of a 
reserve component called or ordered to active duty to provide 
logistical support and personnel services for the 1995 Special Olympics 
World Games.
        (c) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Defense for fiscal year 1995 the sum 
of $2,000,000 to carry out subsection (a).

                        Subtitle B--Limitations

SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF CERTAIN OPERATION AND 
              MAINTENANCE FUNDS.

    (a) Limitation on Transfer.--Section 116 of title 10, United States 
Code, is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following:
    ``(b) Reports on Transfers of Certain Funds.--(1) Each report 
required by subsection (a) shall include a report on the following:
            ``(A) Each transfer of amounts provided in an appropriation 
        Act to the Department of Defense for the activities referred to 
        in paragraph (3) between appropriations during the preceding 
        fiscal year, including the reason for the transfer.
            ``(B) Each transfer of amounts provided in an appropriation 
        Act to the Department of Defense for an activity referred to in 
        paragraph (3) within that appropriation for any other such 
        activity during the preceding fiscal year, including the reason 
        for the transfer.
    ``(2) On May 1 of each year, the Secretary of Defense shall submit 
to the Congress a report on the following:
            ``(A) Each transfer during the first six months of the 
        fiscal year in which the report is submitted of amounts 
        provided in an appropriation Act to the Department of Defense 
        for the activities referred to in paragraph (3) between 
        appropriations, including the reason for the transfer.
            ``(B) Each transfer during the first six months of the 
        fiscal year in which the report is submitted of amounts 
        provided in an appropriation Act to the Department of Defense 
        for an activity referred to in paragraph (3) within that 
        appropriation for any other such activity, including the reason 
        for the transfer.
    ``(3) The activities referred to in paragraphs (1) and (2) are the 
following:
            ``(A) Activities for which amounts are appropriated for the 
        Army for operations and maintenance for operating forces for 
        (i) combat units, (ii) tactical support, and (iii) force-
        related training/special activities.
            ``(B) Activities for which amounts are appropriated for the 
        Navy for operations and maintenance for operating forces for 
        (i) mission and other flight operations, (ii) mission and other 
        ship operations, (iii) fleet air training, and (iv) ship 
        operational support and training.
            ``(C) Activities for which amounts are appropriated for the 
        Air Force for operations and maintenance for operating forces 
        for (i) primary combat forces, (ii) primary combat weapons, 
        (iii) global and early warning, and (iv) air operations 
        training.
    ``(c) Limitation.--The Secretary of Defense may not transfer an 
amount that exceeds $20,000,000 of amounts provided in an appropriation 
Act to the Department of Defense for the activities referred to in 
subsection (b)(3) between appropriations or within that appropriation 
for any other such activity until--
            ``(1) the Congress is notified of the transfer; and
            ``(2) a period of 30 days elapses after such notification 
        is received.''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:
``Sec. 116. Operations and maintenance activities: congressional 
              oversight''.
    (2) The item relating to such section in the table of sections at 
the beginning of chapter 2 of such title is amended to read as follows:

``116. Operations and maintenance activities: congressional 
                            oversight.''.
    (c) Conforming Repeal.--Section 377 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1638) is repealed.

SEC. 312. LIMITATION ON RETENTION OF MORALE, WELFARE, AND RECREATION 
              FUNDS BY MILITARY INSTALLATIONS.

    (a) Limitation.--Chapter 131 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2219. Retention of morale, welfare, and recreation funds by 
              military installations: limitation
    ``Amounts may not be retained in a nonappropriated morale, welfare, 
and recreation account of a military installation of a military 
department in excess of the amount necessary to meet working capital 
requirements of that installation. Amounts in excess of that amount 
shall be transferred to a single, department-wide nonappropriated 
morale, welfare, and recreation account of the military 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:

``2219. Retention of morale, welfare, and recreation funds by military 
                            installations: limitation.''.

SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR OPERATION OF 
              ARMED FORCES RECREATION CENTER, EUROPE.

    No funds appropriated to the Department of Defense for any fiscal 
year may be used to operate the Armed Forces Recreation Center, Europe, 
except that such funds may be used for the payment of utilities, 
emergency repairs, and transportation of United States products for the 
Center.

SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR PROCUREMENT OF 
              SUBSISTENCE ITEMS.

    (a) In General.--Chapter 137 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2332. Subsistence items: limitation on use of specifications and 
              restrictions in procurement of
    ``(a) Limitation.--Except as provided in subsection (b), the 
Secretary of Defense may not use specifications or restrictions in the 
procurement of subsistence items for use at military installations.
    ``(b) Exception.--The Secretary of Defense may use specifications 
and restrictions in the procurement of field rations and shipboard 
rations (including tray packs and meals ready-to-eat), except that any 
such specifications and restrictions shall be developed consistent with 
the preference of the Department of Defense for commercial items.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2332. Subsistence items: limitation on use of specifications and 
                            restrictions in procurement of.''.

                   Subtitle C--Depot-Level Activities

SEC. 321. FINDINGS.

    The Congress finds the following:
            (1) By providing the Armed Forces with a critical capacity 
        to respond to the needs of the Armed Forces for depot-level 
        maintenance and repair of weapon systems and equipment, the 
        depot-level maintenance and repair activities of the Department 
        of Defense play an essential role in maintaining the readiness 
        of the Armed Forces.
            (2) The consolidation of entities within the defense 
        industry has jeopardized the capability of the defense industry 
        to perform maintenance and repair of weapon systems and 
        equipment.
            (3) The defense industry maintains not less than 60 percent 
        of the total capability to perform maintenance and repair of 
        weapon systems and equipment.
            (4) The capability of the depot-level maintenance and 
        repair activities of the Department of Defense to perform 
        maintenance and repair of weapon systems and equipment should 
        not be determined by policies established by the defense 
        industry.
            (5) Reductions in the number of civilian employees of the 
        depot-level maintenance and repair activities of the Department 
        of Defense may account for approximately 80 percent of all 
        reductions in the coming years in the number of civilian 
        employees of the Department.
            (6) An increase from one fiscal year to the next in the 
        amount of funds available for the maintenance and repair of 
        weapon systems and equipment does not necessarily result in a 
        corresponding increase in the performance of such maintenance 
        and repair.

SEC. 322. MODIFICATION OF LIMITATION ON PERFORMANCE OF DEPOT-LEVEL 
              MAINTENANCE.

    (a) Modification.--Subsection (a) of section 2466 of title 10, 
United States Code, is amended to read as follows:
    ``(a) Percentage Limitation.--Not more than 40 percent of the funds 
made available in a fiscal year to a military department or a Defense 
Agency for depot-level maintenance and repair workload may be used to 
contract for the performance by non-Federal Government personnel of 
such workload for the military department or the Defense Agency. Any 
such funds that are not used for such a contract shall be used for the 
performance of depot-level maintenance and repair workload by employees 
of the Department of Defense.''.
    (b) Inclusion of Repair Activities.--Subsection (b) of such section 
is amended by inserting ``and repair'' after ``maintenance'' each place 
it appears.
    (c) Computation of Percentage.--Such section is further amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Computation of Percentage.--In computing for purposes of 
subsection (a) the percentage of funds referred to in that subsection 
that are used to contract for the performance of depot-level 
maintenance and repair workload, the Secretary of the military 
department, or in the case of a Defense Agency, the Secretary of 
Defense shall include in the computation any funds provided for the 
performance by such personnel of the following:
            ``(1) Interim contractor support.
            ``(2) Contract logistic support.
            ``(3) Maintenance and repair workload above the unit level.
            ``(4) The provision of materials and parts.''.
    (d) Report.--Subsection (f) of such section, as redesignated by 
subsection (c)(1), is amended to read as follows:
    ``(f) Report.--Not later than January 15, 1995, the Secretary of 
Defense shall submit to the Congress a report describing the progress 
during the preceding fiscal year by each military department and 
Defense Agency to achieve and maintain the percentage of depot-level 
maintenance and repair required to be performed by employees of the 
Department of Defense pursuant to subsection (a).''.

SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE OF 
              MATERIEL FOR NEW WEAPON SYSTEMS.

    (a) Limitation.--Subsection (a) of section 2466 of title 10, United 
States Code, as amended by section 322 of this Act, is amended--
            (1) by inserting ``(1)'' before ``Not more than 40 
        percent''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Secretary concerned shall, within 5 years after the 
initial delivery of a weapon system by a contractor 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) Effective Date.--The amendments made by this section shall 
apply only with respect to a weapon system initially delivered after 
the date of the enactment of this Act.

SEC. 324. AUDITS TO MONITOR COST GROWTH OF CONTRACTS TO PERFORM DEPOT-
              LEVEL MAINTENANCE AND REPAIR.

    (a) Requirement.--Chapter 146 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2470. Audits of cost growth in contracts to perform depot-level 
              maintenance and repair
    ``The Secretary of Defense shall audit contracts entered into by 
the Department of Defense for the performance of depot-level 
maintenance and repair to monitor the costs incurred by the contractor 
to perform the contract. An audit of a contract under this section 
shall be performed at least once during the period in which the 
contract is performed and shall take account of any costs incurred by 
the contract in excess of the amount proposed by the contractor to 
perform the contract or in excess of costs incurred by the contractor 
during the previous year.''.
    (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. Audits of cost growth in contracts to perform depot-level 
                            maintenance and repair.''.

SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPARTMENT OF DEFENSE 
              DEPOTS IN CERTAIN COST COMPARISONS.

    Section 2467 of title 10, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Requirement To Consider Costs of Closing Depots.--In any 
comparison conducted by the Department of Defense of the cost of 
performing depot-level maintenance and repair work by non-Federal 
Government personnel and the cost of performing such work by employees 
of the Department of Defense, the Secretary of Defense shall, to the 
maximum extent practicable, consider the estimated cost (including the 
cost to perform any necessary environmental restoration of the 
facility) that would be incurred if the Department of Defense were 
required to close a Department of Defense defense depot-level facility 
as a result of awarding the contract to non-Federal Government 
personnel to perform such work.''.

SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF THE DEPARTMENT OF 
              DEFENSE TO COMPETE FOR MAINTENANCE AND REPAIR WORKLOADS 
              OF OTHER FEDERAL AGENCIES.

    (a) In General.--Chapter 146 of title 10, United States Code, as 
amended by section 324 of this Act, is further amended by adding at the 
end the following new section:
``Sec. 2471. Depot-level activities of the Department of Defense: 
              authority to compete for maintenance and repair workloads 
              of other Federal agencies
    ``A depot-level activity of the Department of Defense shall be 
eligible to compete for the performance of any depot-level maintenance 
and repair workload of a Federal agency for which competitive 
procedures are used to select the entity to perform the workload.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2471. Depot-level activities of the Department of Defense: authority 
                            to compete for maintenance and repair 
                            workloads of other Federal agencies.''.

SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES OUTSIDE OF THE 
              DEPARTMENT OF DEFENSE.

    (a) In General.--Chapter 146 of title 10, United States Code, as 
amended by section 326 of this Act, is further amended by adding at the 
end the following new section:
``Sec. 2472. Persons outside the Department of Defense: lease of excess 
              depot-level equipment and facilities by
    ``(a) Authority To Lease Excess Equipment and Facilities.--Subject 
to subsection (b), the Secretary of a military department and, with 
respect to a Defense Agency, the Secretary of Defense, may lease excess 
equipment and facilities of a depot-level activity of the military 
department, or the Defense Agency, to a person outside the Department 
of Defense for the performance of depot-level maintenance and repair 
work by such person.
    ``(b) Limitations.--A lease under subsection (a) may be entered 
into only if--
            ``(1) the lease of any such equipment or facilities will 
        not have a significant adverse effect on the readiness of the 
        armed forces, as determined by the Secretary concerned;
            ``(2) the person leasing such equipment or facilities 
        agrees to reimburse the Department of Defense for the costs 
        (both direct and indirect costs, including any rental costs, as 
        determined the Secretary concerned) attributable to the lease 
        of such equipment or facilities;
            ``(3) the person leasing such equipment or facilities 
        agrees to hold harmless and indemnify the United States, except 
        in cases of willful conduct or extreme negligence, from any 
        claim for damages or injury to any person or property arising 
        out the lease of such equipment or facilities; and
            ``(4) the person leasing such equipment or facilities 
        agrees to hold harmless and indemnify the United States from 
        any liability or claim for damages or injury to any person or 
        property arising out of a decision by the Secretary concerned 
        to suspend or terminate the lease in times of war or national 
        emergency.
    ``(c) Credit to General Fund.--Any reimbursement received under 
this section shall be credited to the General Fund of the Treasury.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2472. Persons outside the Department of Defense: lease of excess 
                            depot-level equipment and facilities by.''.

SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FACILITIES, ACTIVITIES, 
              AND EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

    The Secretary of Defense shall maintain sufficient depot-level 
activities and facilities of the Department of Defense and a sufficient 
number of employees of the Department that are assigned to the 
performance of depot-level maintenance and repair to carry out this 
subtitle and the amendments made by this subtitle. The Secretary of 
Defense should seek to ensure that the military departments maintain 
depot-level maintenance and repair capabilities necessary to ensure 
their critical readiness requirements.

SEC. 329. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL ACTIVITIES.

    (a) Pilot Program Authorized.--During fiscal year 1995, the 
Secretary of Defense shall carry out a pilot program to encourage 
commercial firms to enter into partnerships with depot-level activities 
of the military departments for the purpose of--
            (1) demonstrating commercial uses of such depot-level 
        activities that are related to the principal mission of such 
        depot-level activities;
            (2) preserving employment and skills of employees currently 
        employed by such depot-level activities or providing for the 
        reemployment and retraining of employees who, as the result of 
        the closure, realignment, or reduced in-house workload of such 
        activities, may become unemployed; and
            (3) supporting the goals of other defense conversion, 
        reinvestment, and transition assistance programs while also 
        allowing such depot-level activities to remain in operation to 
        continue to perform their defense readiness mission.
    (b) Participants in Pilot Program.--The Secretary shall designate 
not less than six depot-level activities of the military departments to 
participate in the pilot program under this section. Of these depot-
level activities, at least two shall be depot-level activities of the 
Department of the Army, at least two shall be depot-level activities of 
the Department of the Navy, and at least two shall be depot-level 
activities of Department of the Air Force.
    (c) Conditions on Pilot Program.--In carrying out the pilot program 
under this section, the Secretary shall ensure that the program--
            (1) does not interfere with the closure or realignment of a 
        depot-level activity of the military departments under a base 
        closure law; and
            (2) does not adversely affect the readiness or primary 
        mission of a participating depot-level activity.
    (d) Funding for Fiscal Year 1995.--Of the amounts authorized to be 
appropriated under section 301, $100,000,000 shall be available only to 
carry out the pilot program under this section.

              Subtitle D--Defense Business Operations Fund

SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND.

    (a) Extension of Authority.--Section 316(a) of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2208 note) 
is amended by striking out ``During the period'' and all that follows 
through ``December 31, 1994, the'' and inserting in lieu thereof 
``The''.
    (b) Limitation on Transfers.--Except as otherwise provided in this 
Act, the Secretary of Defense may not transfer amounts to or from the 
Defense Business Operations Fund from or to any other account or source 
until after the expiration of 30 days from the date on which the 
Secretary transmits to the Congress a notification of the Secretary's 
intent to make the transfer.
    (c) Prohibition on Advance Charges.--(1) After September 30, 1995, 
the Secretary of Defense may not charge for goods and services provided 
through the Defense Business Operations Fund in advance of the 
provision of such goods and services.
    (2) The payment of amounts to the Defense Business Operations Fund 
from another fund or activity of the Department of the Defense may be 
made only for goods or services actually provided by the Defense 
Business Operations Fund.
    (d) Purchase From Other Sources.--The Secretary of Defense or the 
Secretary of a military department may purchase goods and services that 
are available for purchase from the Defense Business Operations Fund 
from a source other than the Defense Business Operations Fund if the 
Secretary determines that such source offers a more competitive rate 
for the goods and services than the Defense Business Operations Fund 
offers.
    (e) Annual Reports and Budget.--(1) The Secretary of Defense shall 
annually submit to the Congress, at the same time that the President 
submits the budget under section 1105 of title 31, United States Code, 
the following:
            (A) A detailed report that contains a statement of all 
        receipts and disbursements of the Defense Business Operations 
        Fund (including such a statement for each subaccount of the 
        Fund) for the year for which the report is submitted.
            (B) A detailed proposed budget for the operation of the 
        Defense Business Operations Fund for the fiscal year for which 
        the budget is submitted.
    (2) Not later than September 30 each year, the Secretary of Defense 
shall submit to the Congress a report that contains a comparison of the 
amounts actually expended for the operation of the Defense Business 
Operations Fund for the fiscal year ending on that September 30 with 
the amount proposed for the operation of the Defense Business 
Operations Fund for that fiscal year in the President's budget.
    (f) Limitation on Inclusion of Certain Costs in DBOF Charges.--A 
charge for a good or service provided through the Defense Business 
Operations Fund may not include amounts necessary to recover losses 
incurred by the Defense Business Operations Fund that are unrelated to 
the good or service or amounts to cover costs incurred in connection 
with the closure or realignment of a military installation.
    (g) Limitation on Accumulation of Funds.--(1) The Secretary of 
Defense shall establish billing procedures to ensure that the balance 
in the Defense Business Operations Fund does not exceed $300,000,000 
more than amount necessary to provide for the working capital 
requirements of the Defense Business Operations Fund, as determined by 
the Secretary.
    (2) The Secretary may waive the limitation described in this 
subsection if the Secretary determines that such waiver is critical to 
the national security of the United States. The Secretary shall 
immediately notify the Congress of any such waiver and the reasons for 
the waiver.

SEC. 342. REVIEW BY COMPTROLLER GENERAL OF CHARGES IMPOSED BY DEFENSE 
              BUSINESS OPERATIONS FUND.

    (a) Review.--The Comptroller General of the United States shall 
review the charges for goods and services provided by the Defense 
Business Operations Fund, including a review of--
            (1) charges for goods and services provided by the Defense 
        Business Operations Fund, including a comparison of charges 
        imposed for the provision of goods and services to the military 
        departments and Defense Agencies with charges imposed for the 
        provision of goods and services to persons outside the 
        Department of Defense;
            (2) charges imposed by the Defense Business Operations Fund 
        for overhead costs and service charges; and
            (3) the extent to which charges imposed by the Defense 
        Business Operations Fund provide an advantage or disadvantage 
        for the military departments and Defense Agencies or for 
        persons outside the Department of Defense for whom such goods 
        and services are provided.
    (b) Report.--Not later than April 15, 1995, the Comptroller General 
of the United States shall submit to the Congress a report on the 
results of the review conducted under subsection (a) and the 
recommendations of the Comptroller General for any legislative and 
administrative action the Comptroller General considers to be 
appropriate.

    Subtitle E--Department of Defense Domestic and Overseas Schools

SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DEFENSE DOMESTIC ELEMENTARY 
              AND SECONDARY SCHOOLS FOR MILITARY DEPENDENTS.

    (a) Continued Authority To Provide for Education of Military 
Dependents When Local Agencies are Unable to.--Chapter 108 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 2164. Department of Defense domestic dependent elementary and 
              secondary schools
    ``(a) Authority of Secretary.--If the Secretary of Defense makes a 
determination that appropriate educational programs are not available 
through a local educational agency for dependents of members of the 
armed forces residing on or near a military installation in the United 
States (including territories, commonwealths, and possessions of the 
United States), the Secretary may provide for the elementary or 
secondary education of such dependents.
    ``(b) Factors To Be Considered.--Factors to be considered by the 
Secretary of Defense in making a determination under subsection (a) 
shall include the following:
            ``(1) The extent to which such dependents are eligible for 
        free public education in the local area adjacent to the 
        military installation.
            ``(2) The extent to which the local educational agency is 
        able to provide an appropriate educational program for such 
        dependents. For purposes of this section, an appropriate 
        educational program, as determined by the Secretary, is a 
        program comparable to a program of free public education 
        provided for children--
                    ``(A) in similar communities in the State, in the 
                case of a military installation located in a State;
                    ``(B) in similar communities in adjacent States, in 
                the case of a military installation adjacent to or 
                located in more than one State; and
                    ``(C) in the District of Columbia, in the case of a 
                military installation located in a territory, 
                commonwealth, or possession, except that an appropriate 
                educational program under this subparagraph is also a 
                program of education conducted in the English language.
    ``(c) Education for Dependents of Federal Employees.--(1) An 
individual who is a dependent of a Federal employee residing at any 
such military installation at any time during the school year may 
enroll in an educational program provided by the Secretary of Defense 
pursuant to subsection (a).
    ``(2)(A) Except as provided in subparagraph (B), an individual who 
is a dependent of a Federal employee, who is enrolled in an educational 
program provided by the Secretary pursuant to subsection (a), and who 
is not living on the military installation may be enrolled in the 
program for not more than five consecutive school years.
    ``(B) An individual referred to in subparagraph (A) may be enrolled 
in the program for more than five consecutive school years if the 
Secretary determines, after consideration of the individual's 
educational well-being, that good cause exists to extend the enrollment 
for more than the five-year period described in such subparagraph. Any 
such extension may be made for only one school year at a time.
    ``(C) For purposes of this paragraph, the five-year period 
described in subparagraph (A) begins on the date the individual enrolls 
in the program pursuant to this section or pursuant to any provision of 
law enacted before the date of the enactment of this section that 
provided eligibility to the individual for enrollment in a similar 
program.
    ``(3) An individual enrolled in a program under this subsection may 
participate in the program for the remainder of the school year 
notwithstanding a change in status of the Federal employee with respect 
to whom the individual is a dependent, except that any such individual 
may be removed from enrollment in the program at any time for good 
cause, as determined by the Secretary.
    ``(d) Establishment of School Boards.--(1) The Secretary of Defense 
shall provide for the establishment of a school board for each 
Department of Defense elementary or secondary school established for a 
military installation under this section.
    ``(2) Each school board established for a school under paragraph 
(1) shall be elected by the parents of individuals attending the 
school. Meetings conducted by the school board shall be open to the 
public.
    ``(3)(A) A school board elected for a school under this subsection 
may develop fiscal, personnel, and educational policies and procedures 
for the school, including fiscal, personnel, and educational program 
management, except that the Secretary may issue any directive to the 
school board and school administrative officials the Secretary 
considers necessary for the effective operation of the school or the 
entire school system.
    ``(B) Any directive referred to in subparagraph (A) shall, to the 
maximum extent practicable, be issued only after consultation with 
appropriate school boards elected under this subsection. The Secretary 
shall establish a process by which a school board or school 
administrative officials may formally appeal such directives directly 
to the Secretary. Consideration of such appeals may not be delegated 
below the Secretary of Defense.
    ``(e) Staff.--(1) The Secretary of Defense, in coordination with 
the school board established for a school under subsection (d), may 
enter into such arrangements as may be necessary to provide educational 
programs under this section.
    ``(2) The Secretary may, without regard to the provisions of any 
other law relating to the number, classification, or compensation of 
employees--
            ``(A) establish such positions for civilian employees in 
        schools established under this section;
            ``(B) appoint individuals to such positions; and
            ``(C) fix the compensation of such individuals for service 
        in such positions.
    ``(3)(A) Except as provided in subparagraph (B), in fixing the 
compensation of employees appointed under paragraph (2), the Secretary, 
in coordination with the school board established for a school under 
subsection (d), shall consider--
            ``(i) the compensation of comparable employees of the local 
        educational agency in the capital of the State where the 
        military installation is located;
            ``(ii) the compensation of comparable employees in the 
        local educational agency that provides public education to 
        students who live adjacent to the military installation; or
            ``(iii) the average compensation for similar positions in 
        not more than three other local educational agencies, as 
        determined by the Secretary and the appropriate local school 
        boards in the State in which the military installation is 
        located.
    ``(B) In fixing the compensation of employees in schools 
established in the territories, commonwealths, and possessions under 
this section or any other provision of law enacted before the date of 
the enactment of this section that provided for similar schools, the 
Secretary shall determine the level of compensation required to attract 
qualified employees. For employees in such schools, the Secretary, in 
coordination with the local school boards and without regard to the 
provisions of title 5, may arrange for the tenure, leave, hours of 
work, and other incidents of employment on a similar basis as is 
provided for comparable positions in the public schools of the District 
of Columbia.
    ``(f) Reimbursement.--When the Secretary of Defense provides 
educational services under this section to an individual who is a 
dependent of an employee of another Federal agency, the head of the 
other Federal agency shall, upon request of the Secretary of Defense, 
reimburse the Secretary of Defense for those services at rates 
routinely prescribed by the Secretary of Defense for those services. 
Any payments received by the Secretary of Defense under this section 
shall be credited to the account designated by the Secretary for the 
operation of educational programs under 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:

``2164. Department of Defense domestic dependent elementary and 
                            secondary schools.''.
    (c) Savings Provision.--Nothing in section 2164 of title 10, United 
States Code, as added by subsection (a), shall be construed as 
affecting the rights in existence on the date of the enactment of this 
Act of an employee of any school established under such section (or any 
other provision of law enacted before the date of the enactment of this 
Act that established a similar school) to negotiate or bargain 
collectively with the Secretary with respect to wages, hours, and other 
terms and conditions of employment.

SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANSFER OF DEPARTMENT OF 
              DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY 
              SCHOOLS TO APPROPRIATE LOCAL EDUCATIONAL AGENCIES.

    (a) Survey.--(1) The Secretary of Defense shall conduct a survey of 
each Department of Defense domestic dependent elementary and secondary 
school operated by the Department of Defense to determine the 
feasibility of, and actions necessary to be taken to provide for, the 
transfer of that school to the appropriate local educational agency.
    (2) The Secretary of Defense shall coordinate the conduct of the 
survey of each such school with representatives of the local 
educational agency referred to in paragraph (1) and of parent 
organizations representing parents of students enrolled in the school.
    (3) Issues addressed by the survey shall include--
            (A) the opinions and attitudes of such parents with respect 
        to the appropriate entity to operate the school;
            (B) the position of the local educational agency and the 
        appropriate education officials of the State in which the 
        school is located regarding the extent to which the transfer of 
        the school to the local educational agency is feasible and 
        desirable, including the financial and legal justifications for 
        that position; and
            (C) the requirements, as specified by the local educational 
        agency and the appropriate education officials of the State in 
        which the school is located, for financial support, military 
        construction, and any other support provided by the Department 
        of Defense in order to complete the transfer of the school to 
        the local educational agency.
    (4) Not later than June 30, 1995, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the results of the survey. The report 
shall include the recommendations of the Secretary with respect to the 
transfer of each such school.
    (b) Pilot Program.--(1) The Secretary of Defense shall conduct a 
pilot program to assess the potential for the transfer of Department of 
Defense domestic dependent elementary and secondary schools to 
appropriate local educational agencies.
    (2) The Secretary of Defense shall select two schools for 
participation in the pilot program based on the results of the survey 
conducted by the Secretary under subsection (a). The Secretary shall 
provide for the transfer of each such school to the appropriate local 
educational agency not later than the date on which the 1995 school 
year begins for that school.
    (3) Not later than March 31, 1996, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the results of the pilot program. The 
report shall include the recommendation of the Secretary with respect 
to the extent to which other Department of Defense domestic dependent 
elementary and secondary schools should be transferred to appropriate 
local educational agencies.
    (c) Limitation.--A Department of Defense domestic dependent 
elementary or secondary school may not be transferred to a local 
educational agency under this section except on terms that are 
agreeable to the local educational agency.

SEC. 353. REPORT ON CALCULATION AND RECOVERY OF TUITION COSTS OF 
              CERTAIN STUDENTS ENROLLED IN SCHOOLS OF THE DEFENSE 
              DEPENDENTS' EDUCATION SYSTEM.

    (a) Report.--Not later than March 31, 1995, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives and the Committee on Education and Labor 
of the House of Representatives a report on the calculation and 
application of the tuition rate required to be determined under section 
1404(b) of the Defense Dependents' Education Act of 1978 (20 U.S.C. 
923(b)).
    (b) Contents of Report.--The report required by subsection (a) 
shall contain the following:
            (1) A description of--
                    (A) the costs included in the tuition rate;
                    (B) the method by which the tuition rate is 
                determined; and
                    (C) the method by which any increase in the tuition 
                rate is determined.
            (2) An analysis of--
                    (A) the variation in the cost of providing 
                educational services in the defense dependents' 
                education system in different geographic locations; and
                    (B) the extent to which the imposition of a uniform 
                tuition rate enables the system to receive adequate 
                funds to defray the cost of providing educational 
                services to tuition-paying students.
            (3) Recommendations of the Secretary with respect to 
        improvements that may be made in the determination and 
        application of the tuition rate.

SEC. 354. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT OF DEFENSE DOMESTIC 
              ELEMENTARY AND SECONDARY SCHOOLS.

    (a) Authority.--Section 2605 of title 10, United States Code, is 
amended--
            (1) by striking out ``the defense dependents' education 
        system provided for under the Defense Dependents' Education Act 
        of 1978 (20 U.S.C. 921 et seq.)'' in subsection (a) and 
        inserting in lieu thereof ``a defense dependents' school''; and
            (2) by striking out ``the defense dependent's education 
        system'' in subsection (b) and inserting in lieu thereof 
        ``defense dependents' schools''.
    (b) Definition.--Such section is further amended by adding at the 
end the following new subsection:
    ``(g) In this section, the term `defense dependents' school' means 
the following:
            ``(1) A school established as part of the defense 
        dependents' education system provided for under the Defense 
        Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).
            ``(2) An elementary or secondary school established 
        pursuant to section 2164 of this title.''.
    (c) Clerical Amendment.--(1) The heading of such section is amended 
to read as follows:
``Sec. 2605. Acceptance of gifts for defense dependents' schools''.
    (2) The item relating to such section in the table of sections at 
the beginning of chapter 155 of such title is amended to read as 
follows:

``2605. Acceptance of gifts for defense dependents' schools.''.

                       Subtitle F--Other Matters

SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF ARMED FORCES 
              RETIREMENT HOME.

    (a) In General.--Paragraph (2) of section 1514(c) of the Armed 
Forces Retirement Home Act of 1991 (24 U.S.C. 414(c)(2)) is amended to 
read as follows:
    ``(2) The fee shall be fixed as a percentage of the monthly income 
and monthly payments (including Federal payments) received by a 
resident, subject to such adjustments in the fee as the Retirement Home 
Board may make under paragraph (1). The percentage shall be the same 
for each establishment of the Retirement Home.''.
    (b) Application of Modified Fees to All Residents.--(1) Subsections 
(d) and (e) of section 1514 of such Act are repealed.
    (2) Such section is further amended by adding after subsection (c) 
the following new subsection (d):
    ``(d) Application of Fees.--Subject to such adjustments in the fee 
as the Retirement Home Board may make under subsection (c), each 
resident of the Retirement Home shall be required to pay a monthly fee 
equal to--
            ``(1) in the case of a resident who is receiving assisted-
        living services at the Retirement Home, 65 percent of all 
        monthly income and monthly payments (including Federal 
        payments) received by the resident; and
            ``(2) in the case of a resident who is not receiving 
        assisted-living services at the Retirement Home, 40 percent of 
        all such monthly income and monthly payments.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect one year after the date of the enactment of this Act.

SEC. 362. NATIONAL GUARD YOUTH PROGRAM.

    (a) Authority.--Chapter 5 of title 32, United States Code, is 
amended by adding at the end the following new section:
``Sec. 508. Assistance to certain youth organizations
    ``(a) Members or units of the National Guard may provide the 
services described in subsection (b) to an organization described in 
subsection (c) in conjunction with training required under this chapter 
if--
            ``(1) the provision of such services does not degrade the 
        quality of the training or otherwise interfere with the ability 
        of any unit to perform its military functions;
            ``(2) the services provided are not commercially available 
        or affected commercial entities have agreed in writing not to 
        object to the provision of the services;
            ``(3) members of the National Guard providing the services 
        perform activities which enhance their skills in their military 
        specialties; and
            ``(4) such assistance does not materially increase the cost 
        of training activities under this chapter.
    ``(b) Services which may be provided under this section are the 
following:
            ``(1) Ground transportation.
            ``(2) Limited air transportation, but only in the case of 
        the Special Olympics.
            ``(3) Administrative support.
            ``(4) Technical training.
            ``(5) Emergency medical assistance.
            ``(6) Communications.
    ``(c) The organizations which may be assisted under this section 
are the following:
            ``(1) The Boy Scouts of America.
            ``(2) The Girl Scouts of America.
            ``(3) The Boys and Girls Clubs of America.
            ``(4) The YMCA.
            ``(5) The YWCA.
            ``(6) The Civil Air Patrol.
            ``(7) The Special Olympics.
            ``(8) Campfire Boys and Girls.
            ``(9) The 4-H Club.
            ``(10) The Police Athletic League.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 32, United States Code, is amended by adding at the 
end the following item:

``508. Assistance to certain youth organizations.''.

SEC. 363. DEPARTMENT OF DEFENSE FOOD INVENTORY PROGRAM.

    (a) Demonstration Project.--The Department of Defense Food 
Inventory Demonstration Project (the implementation of which was 
requested of the military departments and the Defense Logistics Agency 
by the Deputy Under Secretary of Defense, Logistics, in a memorandum 
dated August 16, 1993) shall be completed by the Department of Defense 
not later than September 30, 1995 and shall be expanded to cover two 
geographic areas, as designated by the Secretary of Defense.
    (b) Report.--Not later than October 1, 1995, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the implementation of the 
demonstration project referred to in subsection (a).
    (c) Implementation of Program Throughout United States.--Not later 
than October 1, 1996, the Secretary of Defense shall provide for the 
expanded use throughout the United States of full-line commercial food 
distributors to meet the food requirements of the Department of 
Defense.

SEC. 364. DEPARTMENT OF DEFENSE SPECIAL SUPPLEMENTAL FOOD PROGRAM.

    (a) In General.--Chapter 53 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1060a. Special supplemental food program
    ``(a) Authority.--The Secretary of Defense may carry out a program 
to provide special supplemental food benefits to members of the armed 
forces on duty at stations outside the United States (and its 
territories and possessions) and to eligible civilians serving with, 
employed by, or accompanying the armed forces outside the United States 
(and its territories and possessions).
    ``(b) Federal Payments and Commodities.--For the purpose of 
obtaining Federal payments and commodities in order to carry out the 
program referred to in subsection (a), the Secretary of Defense shall 
make available, from funds appropriated for such purpose, the same 
payments and commodities as are made for the special supplemental food 
program in the United States under section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786).
    ``(c) Program Administration.--(1)(A) The Secretary of Defense 
shall administer the program referred to in subsection (a) and, except 
as provided in subparagraph (B), shall determine eligibility for 
program benefits under the criteria published by the Secretary of 
Agriculture under section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786).
    ``(B) The Secretary of Defense shall prescribe regulations 
governing computation of income eligibility standards for families of 
individuals participating in the program under this section.
    ``(2) The program benefits provided under the program shall be 
similar to benefits provided by State and local agencies in the United 
States.
    ``(d) Departures from Standards.--The Secretary of Defense may 
authorize departures from standards prescribed by the Secretary of 
Agriculture regarding the supplemental foods to be made available in 
the program when local conditions preclude strict compliance or when 
such compliance is highly impracticable.
    ``(e) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Defense for operations and 
maintenance for any fiscal year in such amounts as may be necessary for 
the administrative expenses of the Department of Defense under this 
section.
    ``(f) Regulations.--The Secretary of Defense shall prescribe 
regulations to administer the program authorized by this section.
    ``(g) Definitions.--In this section:
            ``(1) The term `eligible civilian' means--
                    ``(A) a dependent of a member of the armed forces 
                residing with the member outside the United States;
                    ``(B) a employee of a military department who is a 
                national of the United States and is residing outside 
                the United States in connection with such individual's 
                employment or a dependent of such individual residing 
                with the employee outside the United States; or
                    ``(C) an employee of a Department of Defense 
                contractor who is a national of the United States and 
                is residing outside the United States in connection 
                with such individual's employment or a dependent of 
                such individual residing with the employee outside the 
                United States.
            ``(2) The term `national of the United States' means--
                    ``(A) a citizen of the United States; or
                    ``(B) a person who, though not a citizen of the 
                United States, owes permanent allegiance to the United 
                States (as defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22))).
            ``(3) The term `dependent' has the meaning given such term 
        in subparagraphs (A), (D), (E), and (I) of section 1072(2) of 
        this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of title 10, United States Code, is amended by adding at the 
end the following new item:

``1060a. Special supplemental food program.''.

SEC. 365. TRANSPORTATION OF THE REMAINS OF DECEASED RETIRED MEMBERS WHO 
              DIE OUTSIDE OF THE UNITED STATES.

    (a) Authority.--Section 1481 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking out ``the remains of--'' and 
                inserting in lieu thereof ``the remains of the 
                following:'';
                    (B) by amending the first word in each paragraph by 
                capitalizing the first letter of that first word;
                    (C) by striking out ``and'' after the semicolon in 
                paragraph (7);
                    (D) by striking out the semicolon at the end of 
                each paragraph and inserting in lieu thereof a period; 
                and
                    (E) by inserting after paragraph (8) the following 
                new paragraph:
            ``(9) To the extent authorized under section 1482(g) of 
        this title, any retired member of an armed force or a dependent 
        of such a member who dies while outside the United States.''; 
        and
            (2) by adding at the end the following new subsection:
    ``(c) In this section, the term `dependent' has the meaning given 
such term in section 1072(2) of this title.''.
    (b) Expenses Incident to Death.--Section 1482 of such title is 
amended by adding at the end the following new subsection:
    ``(g) The payment of expenses incident to the recovery, care, and 
disposition of a decedent covered by section 1481(a)(9) of this title 
is limited to the payment of expenses described in paragraphs (1) 
through (5) of subsection (a) and air transportation of the remains 
from a location outside the United States to a point of entry in the 
United States. Such air transportation may be provided without 
reimbursement on a space-available basis in military or military-
chartered aircraft. The Secretary concerned shall pay all other 
expenses authorized to be paid under this subsection only on a 
reimbursable basis. Amounts reimbursed to the Secretary concerned under 
this subsection shall be credited to appropriations available, at the 
time of reimbursement, for the payment of such expenses.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the remains of, and incidental expenses incident 
to the recovery, care, and disposition of, an individual who dies after 
the date of the enactment of this Act.

SEC. 366. AUTHORITY TO TRANSPORT THE REMAINS OF CERTAIN DECEASED 
              VETERANS ON DEPARTMENT OF DEFENSE AEROMEDICAL EVACUATION 
              AIRCRAFT.

    (a) Transportation Authorized.--Subsection (a) of section 2641 of 
title 10, United States Code, is amended by inserting before the period 
the following: ``or of transporting the remains of a deceased veteran 
who died at the facility after being transported to the facility under 
this subsection. Transportation of the remains of a deceased veteran 
under this subsection may be provided to the place from which the 
veteran was transported to the facility or to any other destination 
which is not farther away from the facility than such place''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subsection (b)--
                    (A) by inserting ``or for the remains of a 
                veteran'' after ``furnished to a veteran'';
                    (B) in paragraph (1), by inserting ``or of the 
                remains of such veteran'' after ``of such veteran''; 
                and
                    (C) in paragraph (2), by inserting ``or the remains 
                of the veteran'' after ``for the veteran'';
            (2) in subsection (d)(1)--
                    (A) by inserting ``or on the survivors of a 
                veteran'' after ``on a veteran''; and
                    (B) by inserting ``or for the remains of the 
                veteran'' after ``to the veteran''; and
            (3) in subsection (d)(2), by inserting ``or for the remains 
        of veterans'' after ``to veterans''.
    (c) Cross Reference Amendment.--Subsection (c) of such section is 
amended by striking out ``5011(g)(5)'' and inserting in lieu thereof 
``8111(g)(5)''.

SEC. 367. MODIFICATION OF AIR FORCE SUPPORT FOR THE CIVIL AIR PATROL.

    (a) Provision of Funds.--Subsection (b) of section 9441 of title 
10, United States Code, is amended--
            (1) by redesignating paragraphs (8), (9), (10), and (11) as 
        paragraphs (9), (10), (11), and (12), respectively; and
            (2) by inserting after paragraph (7) the following new 
        paragraph (8):
            ``(8) provide funds for the national headquarters of the 
        Civil Air Patrol, including the provision (in advance of 
        payment) of funds for the payment of staff compensation and 
        benefits, administrative expenses, travel, per diem and 
        allowances, rent and utilities, and other operational 
        expenses;''.
    (b) Liaisons.--Such section is further amended by adding at the end 
the following new subsection:
    ``(d)(1) The Secretary of the Air Force may authorize the Civil Air 
Patrol to employ, as administrators and liaison officers, retired 
members of the Air Force whose qualifications are approved under 
regulations prescribed by the Secretary and who request such 
employment.
    ``(2) A retired member employed pursuant to paragraph (1) may 
receive the member's retired pay and an additional amount that is not 
more than the difference between the member's retired pay and the pay 
and allowances the member would be entitled to receive if ordered to 
active duty in the grade in which the member retired. The additional 
amount shall be paid to the Civil Air Patrol by the Secretary from 
funds generally available to the Air Force for civil air assistance.
    ``(3) A retired member employed pursuant to paragraph (1) shall 
not, while so employed, be considered to be on active duty or inactive-
duty training for any purpose.''.

SEC. 368. REVIEW AND REPORT ON USE OF OPERATIONS AND MAINTENANCE FUNDS 
              BY THE DEPARTMENT OF DEFENSE.

    (a) Review.--The Secretary of Defense shall conduct a review of 
each operations and maintenance account of the Department of Defense to 
determine the extent to which funds appropriated to the Department for 
operations and maintenance accounts are used for an activity for which 
funds have been appropriated to, or are more appropriately made 
available from, accounts of the Department for procurement, research, 
development, test, and evaluation, or military construction.
    (b) Report.--Not later than March 31, 1995, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report that contains the result of the 
review conducted by the Secretary under subsection (a) and a report on 
the extent to which funds appropriated to the Department of Defense for 
operations and maintenance accounts are being used for an activity for 
which funds have been appropriated to, or are more appropriately made 
available from, accounts of the Department for procurement, research, 
development, test, and evaluation, or military construction.

SEC. 369. REQUIREMENT OF COMPARATIVE REPORT ON OPERATIONS AND 
              MAINTENANCE FUNDING.

    (a) Requirement.--Subsection (a) of section 116 of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
    ``(3) The Secretary shall include in each such report a comparison 
of the level of funding for operations and maintenance for the next 
fiscal year with the level of operations and maintenance funding for 
each previous fiscal year beginning with fiscal year 1975, using 
constant dollars and the same standard of comparison for each such 
fiscal year.''.
    (b) Development of Comparative Method.--Not later than February 1, 
1995, the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
development by the Secretary of a method to make the comparison 
required under paragraph (3) of section 116(a) of title 10, United 
States Code, as added by subsection (a).

SEC. 370. AUTOMATED DATA PROCESSING PROGRAMS OF THE DEPARTMENT OF 
              DEFENSE.

    (a) Limitation.--Of amounts authorized to be appropriated under 
section 301, not more than $2,575,000,000 shall be available for new 
development and modernization of automated data processing programs of 
the Department of Defense. The Secretary of Defense may not obligate or 
expend amounts in excess of $2,000,000,000 for any such new development 
or modernization until the Secretary--
            (1) makes a determination that any such new development or 
        modernization is based on--
                    (A) a sound functional economic analysis;
                    (B) objectives of the defense information 
                infrastructure;
                    (C) migratory assessment guidance provided by the 
                Defense Information Systems Agency; and
                    (D) Department of Defense directives on life cycle 
                management; and
            (2) establishes performance measures and management 
        controls to oversee and manage the accelerated implementation 
        of migration systems, data standards, and process improvement.
    (b) Reports.--(1) Not later than December 15, 1994, the Secretary 
of Defense shall submit to the Congress a report on the establishment 
by the Secretary of performance measures and management controls to 
ensure, to the maximum extent practicable, the best possible return on 
investment for any funds used by the Secretary for new development and 
modernization of automated data processing programs of the Department 
of Defense.
    (2) Not later than March 15 and December 15 of each year, the 
Secretary of Defense shall submit to the Congress a report on the 
progress made by the Secretary in improving the defense information 
infrastructure, realizing a reduction in the overall support 
infrastructure of the Department of Defense, selecting and converting 
to migration systems, establishing data standards, and improving the 
functional business process for the automated data processing programs 
of the Department. The report shall include information (by functional 
area) on--
            (A) the migration systems selected for the programs;
            (B) the systems that will be migrated or eliminated;
            (C) the total cost of migration, including conversion and 
        interface costs;
            (D) the number of corporate data elements that have been 
        standardized; and
            (E) the improvements that have been made to any such 
        process, including the savings that have been achieved by such 
        improvements.
    (c) Review by the Comptroller General.--Not later than March 1, 
1995, the Comptroller General of the United States shall submit to the 
Congress a report that contains an evaluation of the performance 
measures and management controls established by the Secretary of 
Defense to manage and oversee the implementation of migration systems, 
data standards, and process improvements for the automated data 
processing programs of the Department of Defense.

SEC. 371. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH IN CERTAIN 
              CONTRACTS.

    (a) In General.--(1) Chapter 146 of title 10, United States Code, 
as amended by section 327, is further amended by adding at the end the 
following new section:
``Sec. 2473. Cost growth in commercial contracts: review by Inspector 
              General
    ``(a) Review.--Each fiscal year, the Inspector General of the 
Department of Defense shall conduct a review of not less than 20 
percent of existing contracts for the performance of commercial 
activities which resulted from a cost comparison study conducted by the 
Department of Defense under Office of Management and Budget Circular A-
76 (or any other successor administrative regulation or policy) to 
determine the extent to which the costs incurred by a contractor under 
any such contract has exceeded the cost of the contract at the time the 
contract was entered into.
    ``(b) Report.--Each year, not later than 30 days after the day on 
which the President submits to the Congress the budget for a fiscal 
year under section 1105 of title 31, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report containing the results of the most recently 
conducted review under subsection (a).''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2473. Cost growth in commercial contracts: review by Inspector 
                            General.''.
    (b) Use of Funds.--Of amounts authorized to be appropriated 
pursuant to section 301(12) for the Inspector General of the Department 
of Defense, $10,000,000 shall be available to conduct a review under 
subsection (a) for fiscal year 1995.

SEC. 372. COST COMPARISON STUDIES FOR CONTRACTS FOR ADVISORY AND 
              ASSISTANCE SERVICES.

    (a) In General.--(1) Chapter 141 of title 10, United States Code, 
is amended by adding at the end the following new section:
``Sec. 2410l. Contracts for advisory and assistance services: cost 
              comparison studies
    ``(a) Requirement.--Before the Secretary of Defense enters into a 
contract for the performance of advisory and assistance services, the 
Secretary of Defense shall conduct a comparison study of the cost of 
performing the services by Department of Defense personnel and the cost 
of performing the services by contractor personnel.
    ``(b) Waiver.--The Secretary of Defense may, pursuant to guidelines 
established by the Secretary, waive the requirement under subsection 
(a) to perform a cost comparison study based on factors that are not 
related to cost.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2410l. Contracts for advisory and assistance services: cost 
                            comparison studies.''.
    (b) Procedures for Conduct of Studies.--The Secretary of Defense 
shall establish the following procedures:
            (1) Procedures to carry out a cost comparison study under 
        section 2410l of title 10, United States Code, as added by 
        subsection (a). Such procedures may contain a requirement that 
        the cost comparison study include consideration of factors that 
        are not related to cost, including the quality of the service 
        required to be performed, the availability of Department of 
        Defense personnel, the duration and recurring nature of the 
        services to be performed, and the consistency of the workload.
            (2) Procedures to review contracts entered into after a 
        waiver under subsection (b) of such section to determine 
        whether the contract is justified and sufficiently documented.
    (c) Effective Date.--Section 2410l of title 10, United States Code, 
as added by subsection (a), shall take effect six months after the date 
of the enactment of this Act.

SEC. 373. REQUIREMENT AND PLAN FOR CONVERTING PERFORMANCE OF CERTAIN 
              POSITIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE 
              EMPLOYEES.

    (a) Conversion to Performance by Employees.--In each of fiscal 
years 1995, 1996, and 1997, the Secretary of Defense shall change the 
performance of not less than 10,000 positions that, as of September 30, 
1994, were designated to be performed by members of the Armed Forces on 
active duty to performance by employees of the Department of Defense.
    (b) Plan.--Not later than March 31, 1995, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a plan for the implementation of subsection 
(a).

SEC. 374. USE OF SERVICE CONTRACT FUNDS FOR SEPARATION INCENTIVE 
              PROGRAMS FOR DEPARTMENT OF DEFENSE EMPLOYEES.

    During fiscal year 1995, any separation pay paid to an employee of 
the Department of Defense pursuant to section 5597 of title 5, United 
States Code, or any other separation incentive program shall be paid 
from funds appropriated to the Department of Defense for operation and 
maintenance for the purpose of entering into service contracts.

SEC. 375. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM.

    (a) Authority.--The Secretary of Defense may establish a pilot 
program for employees (as defined in subsection (g)) at military 
installations scheduled for closure or realignment under which 
retraining and relocation incentives may be paid to encourage non-
Federal employers to hire or retain such employees.
    (b) Retraining Incentive.--(1) As part of the pilot program, the 
Secretary may enter into an agreement with a non-Federal employer under 
which the non-Federal employer agrees to hire an employee for a 
mutually agreeable salary for a minimum twelve-month period and to 
certify to the Secretary the employer's cost to train the employee.
    (2) The Secretary shall pay a retraining incentive to the non-
Federal employer upon the employee's completion of employment for the 
twelve-month period referred to in paragraph (1). The Secretary shall 
prorate the amount of the retraining incentive paid to the non-Federal 
employer for an employee who does not complete such employment for that 
twelve-month period.
    (c) Relocation Incentive.--An employee employed by a non-Federal 
employer under the pilot program shall be eligible to receive from the 
Secretary a relocation incentive for such period of employment equal to 
the travel, transportation, and subsistence expenses that would be 
authorized to be paid to the employee under chapter 57 of title 5, 
United States Code (including the reimbursement payment authorized 
under section 5724b of such title) if the employee were traveling on 
official business away from the employee's designated post of duty or 
away from the employee's home or regular place of business during such 
period.
    (d) Limitations.--A military department or a Defense Agency may 
offer an incentive under the pilot program only with the prior consent, 
or on the authority, of the Secretary. Any such incentive may be paid 
for retraining, relocation, or a combination of retraining and 
relocation, except that the maximum amount that may be paid to a non-
Federal employer to hire an employee under the pilot program may not 
exceed $10,000.
    (e) Duration.--The pilot program shall terminate not later than 
September 30, 1999.
    (f) Definitions.--In this section:
            (1) The term ``employee'' means an employee of a military 
        department or a Defense Agency, serving under an appointment 
        without time limitation, who has been currently employed by the 
        military department or Defense Agency for a continuous period 
        of at least 12 months and who has been given specific notice of 
        separation by reduction in force, except that such term does 
        not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 of title 5, United States Code, chapter 84 
                of such title, or another retirement system for 
                employees of the Government;
                    (B) an employee who is subject to subchapter III of 
                chapter 83 of title 5, United States Code, or chapter 
                84 of such title and who, at the time of separation 
                from service, has fulfilled the requirements for 
                immediate annuity under such subchapter or chapter; or
                    (C) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under any of the retirement 
                systems referred to in subparagraph (A).
            (2) The term ``non-Federal employer'' means an employer 
        that is not the Federal Government.

SEC. 376. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF THE 
              DEPARTMENT OF DEFENSE ASSIGNED TO NONAPPROPRIATED FUND 
              INSTRUMENTALITIES.

    (a) In General.--Not later than October 1, 1995, the Secretary of 
Defense shall take such steps as may be necessary to provide a uniform 
health benefits program for employees of the Department of Defense 
assigned to a nonappropriated fund instrumentality of the Department.
    (b) Report.--The Secretary of Defense shall submit a report on the 
implementation of subsection (a) to the Committees on Armed Services of 
the Senate and House of Representatives not later than March 15, 1995.

SEC. 377. OPERATION OF MILITARY EXCHANGE AND COMMISSARY STORE AT NAVAL 
              AIR STATION FORT WORTH, JOINT RESERVE CENTER, CARSWELL 
              FIELD.

    The Secretary of Defense shall provide for the operation by the 
Army and Air Force Exchange Service, until December 31, 1995, of any 
military exchange and commissary store located at the Naval Air Station 
Fort Worth, Joint Reserve Center, Carswell Field.

SEC. 378. SHIPS' STORES.

    (a) Extension of Deadline for Conversion.--Section 371(a) of the 
National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 7604 
note) is amended by striking out ``October 1, 1994'' and inserting in 
lieu thereof ``October 1, 1995''.
    (b) Modification of Effective Date.--Section 371(d) of such Act is 
amended by striking out ``shall take effect on the date on which the 
Secretary of the Navy completes the conversion referred to in 
subsection (a)'' and inserting in lieu thereof ``shall take effect on 
October 1, 1994''.

SEC. 379. PROGRAM TO COMMEMORATE WORLD WAR II.

    (a) Extension.--Section 378 of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2387) is 
amended by striking out ``1995'' in subsections (a) and (b) and 
inserting in lieu thereof ``1996''.
    (b) Reimbursement of Certain Costs.--Such section is further 
amended by adding at the end the following new subsection:
    ``(g) Reimbursement for Certain Expenses.--The Secretary of Defense 
may provide for reimbursement of expenses incurred by a person to 
provide for the participation of the S.S. Jeremiah O'Brien in programs 
and activities to commemorate the 50th anniversary of World War II.''.

SEC. 380. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.

    (a) Demonstration Project for Use of Proceeds From the Sale of 
Certain Property.--(1) Section 343(d)(1) of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1344) is amended by striking out ``terminate on December 5, 
1994'' and inserting in lieu thereof ``terminate on December 5, 1995''.
    (2) Section 343(e) of such Act is amended by striking out 
``February 3, 1995'' and inserting in lieu thereof ``February 3, 
1996''.
    (b) Authority for Aviation Depots and Naval Shipyards To Engage in 
Defense-Related Production and Services.--Section 1425(e) of the 
National Defense Authorization Act for Fiscal Year 1991 (Public Law 
101-510; 104 Stat. 1684) is amended by striking out ``September 30, 
1994'' and inserting in lieu thereof ``September 30, 1995''.
    (c) Authority of Base Commanders Over Contracting for Commercial 
Activities.--Section 2468(f) of title 10, United States Code, is 
amended by striking out ``September 30, 1994'' and inserting in lieu 
thereof ``September 30, 1995''.

SEC. 381. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY END 
              STRENGTH LIMITATION.

    (a) In General.--(1) Chapter 3 of title 10, United States Code, is 
amended by inserting after section 123a the following new section:
``Sec. 123b. Forces stationed abroad: limitation on number
    ``(a) End-Strength Limitation.--No funds appropriated to the 
Department of Defense may be used to support a strength level of 
members of the armed forces assigned to permanent duty ashore in 
nations outside the United States at the end of any fiscal year at a 
level in excess of 200,000.
    ``(b) Exception for Wartime.--Subsection (a) does not apply in the 
event of a declaration of war or an armed attack on any member nation 
of the North Atlantic Treaty Organization, Japan, the Republic of 
Korea, or any other ally of the United States.
    ``(c) Presidential Waiver.--The President may waive the operation 
of subsection (a) if the President declares an emergency. The President 
shall immediately notify Congress of any such waiver.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``123b. Forces stationed abroad: limitation on number.''.
    (b) Effective Date.--Section 123b of title 10, United States Code, 
as added by subsection (a), does not apply with respect to a fiscal 
year before fiscal year 1996.
    (c) Conforming Repeal.--Section 1302 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2545) is repealed.

SEC. 382. AUTHORITY TO ISSUE MILITARY IDENTIFICATION CARDS TO SO-CALLED 
              HONORARY RETIREES OF THE NAVAL AND MARINE CORPS RESERVES.

    (a) Authority.--The Secretary of the Navy may issue a military 
identification card to a member of the Retired Reserve described in 
subsection (b).
    (b) Covered Members.--A member of the Retired Reserve referred to 
in subsection (a) is a member of the Naval Reserve or Marine Corps 
Reserve who transferred to the Retired Reserve under section 274(2) of 
title 10, United States Code, without having completed the years of 
service required under section 1331(a)(2) of such title for eligibility 
for retired pay under chapter 67 of that title.
    (c) Effect on Commissary and Exchange Benefits.--The issuance of a 
military identification card under subsection (a) to a member of the 
Retired Reserve does not confer eligibility for commissary and exchange 
benefits on that member.

SEC. 383. MODIFICATION OF STATUTE OF LIMITATIONS FOR CERTAIN CLAIMS FOR 
              PERSONAL PROPERTY DAMAGE OR LOSS.

    (a) Modification.--Subsection (g) of section 3721 of title 31, 
United States Code, is amended--
            (1) by striking out ``. However, if'' and inserting in lieu 
        thereof ``, except that in the case of a member of the 
        uniformed services, the claim must be presented in writing 
        within 1 year after the claim accrues. If''; and
            (2) in the second sentence, by inserting ``(or, in the case 
        of a member of the uniformed services, within 1 year)'' after 
        ``presented within 2 years''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to a claim under section 3721 of title 31, United States Code, 
that accrues on or after the date of the enactment of this Act.

SEC. 384. OPERATION OF OVERSEAS FACILITIES OF THE DEPARTMENT OF DEFENSE 
              BY UNITED STATES FIRMS.

    (a) Operation of Facilities.--(1) Subchapter V of chapter 148 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 2542. Operation of overseas facilities of the Department of 
              Defense by United States firms
    ``(a) Operation of Overseas Facilities.--A contract to operate a 
Department of Defense facility not in the United States (or its 
territories or possessions) for the production or distribution of 
subsistence items may be awarded only to a United States firm. The 
facility shall be operated in accordance with Federal law governing the 
production or distribution of such items.
    ``(b) Definition.--In this section, the term `United States firm' 
has the meaning given such term in section 2532(d)(1) of this title.''.
    (2) The table of sections at the beginning of such subchapter is 
amended by adding at the end the following new item:

``2542. Operation of overseas facilities of the Department of Defense 
                            by United States firms.''.
    (b) Effective Date.--Section 2542 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to solicitations 
issued, contracts awarded or extended, or subcontracts approved, after 
January 1, 1995.

SEC. 385. EXCLUSION OF CERTAIN TROOPS IN CALCULATION OF AUTHORIZED END 
              STRENGTH FOR MILITARY PERSONNEL IN EUROPE.

    Subsection (c)(1) of section 1002 of the Department of Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note), is amended by adding at 
the end the following: ``For purposes of this paragraph, members of the 
Armed Forces of the United States assigned to permanent duty ashore in 
Iceland, Greenland, and the Azores are excluded in calculating the end 
strength level of members of the Armed Forces assigned to permanent 
duty ashore in European member nations of NATO.''.

SEC. 386. AUTHORITY TO TRANSFER CERTAIN EXCESS PROPERTY TO EDUCATIONAL 
              INSTITUTIONS AND TRAINING SCHOOLS.

    Notwithstanding title II of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 481 et seq.) and any other provision of 
law, the Secretary of Defense may, until January 1, 1997, authorize the 
transfer, on a nonreimbursable basis, of any property described in 
section 2535 of title 10, United States Code, to any nonprofit 
educational institution or training school whenever the program 
proposed by such institution or school for the use of such property is 
in the public interest.

SEC. 387. PRIORITY TO STATES FOR THE TRANSFER OF NONLETHAL EXCESS 
              SUPPLIES OF THE DEPARTMENT OF DEFENSE.

    Section 2547 of title 10, United States Code, is amended--
    (1) in subsection (a), by striking out ``The Secretary of Defense'' 
and inserting in lieu thereof ``Subject to subsection (d), the 
Secretary of Defense'';
    (2) by redesignating subsection (d) as subsection (e); and
    (3) by inserting after subsection (c) the following new subsection 
(d):
    ``(d) Nonlethal excess supplies of the Department of Defense shall 
be made available to a State, a local government of a State, a 
Territory, or a possession, upon the request of the State, local 
government, Territory, or possession pursuant to authority provided in 
another provision of law, before such supplies are made available for 
humanitarian relief purposes under this section. The President may make 
such supplies available for humanitarian purposes before such supplies 
are made available to a State, local government, Territory, or 
possession under this subsection in order to respond to an emergency 
for which such supplies are especially suited.''.

              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, 1995, as follows:
            (1) The Army, 510,000.
            (2) The Navy, 441,641.
            (3) The Marine Corps, 174,000.
            (4) The Air Force, 400,051.

SEC. 402. LIMITATION ON DEPLOYMENT OF DIVISIONS CONSTITUTING ARMY 
              CONTINGENCY FORCE.

    (a) In General.--Whenever practicable, in assigning forces of the 
Army for operations other than war, the President shall seek to use 
elements of divisions that are not part of the contingency force, and 
the President may not at any one time use elements of more than one 
division of the contingency force for such operations (except for 
domestic humanitarian or disaster relief missions) unless elements of 
all divisions that are not part of the contingency force are currently 
deployed for such operations.
    (b) Contingency Force Defined.--For purposes of this section, the 
term ``contingency force'' means the set of four or five Army divisions 
that is designated as the Army contingency force by the Secretary of 
the Army, such force consisting of those divisions that are assigned to 
be the initial Army divisions to be deployed to respond to a regional 
conflict.

                       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, 1995, as follows:
            (1) The Army National Guard of the United States, 400,000.
            (2) The Army Reserve, 242,000.
            (3) The Naval Reserve, 100,710.
            (4) The Marine Corps Reserve, 42,000.
            (5) The Air National Guard of the United States, 115,581.
            (6) The Air Force Reserve, 78,706.
            (7) The Coast Guard Reserve, 8,000.
    (b) Waiver Authority.--The Secretary of Defense may increase the 
end strength authorized by subsection (a) by not more than 2 percent.
    (c) Adjustments.--The end strengths prescribed by subsection (a) 
for the Selected Reserve of any reserve component shall be reduced 
proportionately by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year, and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
Whenever such units or such individual members are released from active 
duty during any fiscal year, the end strength prescribed for such 
fiscal year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
1995, 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, 23,650.
            (2) The Army Reserve, 11,940.
            (3) The Naval Reserve, 17,510.
            (4) The Marine Corps Reserve, 2,285.
            (5) The Air National Guard of the United States, 9,098.
            (6) The Air Force Reserve, 648.

SEC. 413. ACTIVE COMPONENT MEMBERS TO BE ASSIGNED FOR TRAINING 
              COMPATIBILTY WITH GUARD UNITS.

    Section 414(c) of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (10 U.S.C. 261 note) is amended by striking out 
``September 30, 1994'' and inserting in lieu thereof ``September 30, 
1996''.

              Subtitle C--Military Training Student Loads

SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

    (a) In General.--For fiscal year 1995, the Armed Forces are 
authorized average military training student loads as follows:
            (1) The Army, 69,420.
            (2) The Navy, 43,064.
            (3) The Marine Corps, 25,377.
            (4) The Air Force, 36,840.
    (b) Scope.--The average military training student load authorized 
for an armed force under subsection (a) applies to the active and 
reserve components of that armed force.
    (c) Adjustments.--The average military training student loads 
authorized in subsection (a) shall be adjusted consistent with the end 
strengths authorized in subtitles A and B. The Secretary of Defense 
shall prescribe the manner in which such adjustments shall be 
apportioned.

              Subtitle D--Authorization of Appropriations

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel for fiscal year 1995 a total of 
$71,086,397,000. The authorization in the preceding sentence supersedes 
any other authorization of appropriations (definite or indefinite) for 
such purpose for fiscal year 1995.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

SEC. 501. AUTHORITY FOR OFFICERS TO SERVE ON SUCCESSIVE PROMOTION 
              BOARDS.

    Section 612(b) of title 10, United States Code, is amended--
            (1) by striking out ``No officer may be'' and inserting in 
        lieu thereof ``(1) Except as provided in paragraph (2), an 
        officer may not be''; and
            (2) by adding at the end the following:
    ``(2) With the approval of the Secretary of the military department 
concerned, an officer may serve as a member on successive consideration 
of officers of the same competitive category and grade if the second 
board does not consider the same officer or officers as the first 
board.''.

SEC. 502. ARMY FIELD GRADE OFFICER STRENGTH LIMITATIONS.

    (a) Revisions to Authorized Active Duty Numbers.--The table in 
section 523(a)(1) of title 10, United States Code, is amended by 
striking out all of the table preceding ``Air Force:'' and inserting in 
lieu thereof the following:


------------------------------------------------------------------------
                                   Number of officers who may be serving
 ``Total number of commissioned      on active duty in the grade of:    
 officers (excluding officers in ---------------------------------------
     categories specified in                    Lieutenant              
subsection (b)) on active duty:      Major       colonel       Colonel  
------------------------------------------------------------------------
``Army:                                                                 
  60,000........................       12,380         8,361      3,080
  65,000........................       13,071         8,750      3,264
  70,000........................       13,763         9,138      3,447
  75,000........................       14,454         9,527      3,631
  80,000........................       15,146         9,915      3,814
  85,000........................       15,837        10,304      3,997
  90,000........................       16,529        10,692      4,181
  95,000........................       17,220        11,081      4,364
  100,000.......................       17,912        11,469      4,548
  110,000.......................       19,295        12,246      4,915
  120,000.......................       20,678        13,023      5,281
  130,000.......................       22,061        13,800      5,648
  170,000.......................       27,593        16,908    7,116''. 
------------------------------------------------------------------------


    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1994.

SEC. 503. TECHNICAL CHANGES TO PROVISIONS ENACTED BY WARRANT OFFICER 
              MANAGEMENT ACT.

    Chapter 33A of title 10, United States Code, is amended--
            (1) in section 578, by adding at the end the following new 
        subsections:
    ``(e) An officer who is appointed to a higher grade under this 
section is considered to have accepted such appointment on the date on 
which the appointment is made unless the officer expressly declines the 
appointment.
    ``(f) An officer who has served continuously since the officer 
subscribed to the oath of office prescribed in section 3331 of title 5 
is not required to take a new oath upon appointment to a higher grade 
under this section.'';
            (2) in sections 573(a)(2) and 574(e), by striking out ``on 
        active duty'';
            (3) in section 575(d), by inserting before the period at 
        the end ``, except for those officers precluded from 
        consideration under regulations prescribed by the Secretary 
        concerned under section 577 of this title'';
            (4) in section 576(f)(1), by striking out the last 
        sentence; and
            (5) in section 582(2), by inserting before the period at 
        the end ``(except those retired warrant officers who were 
        recalled to active duty before February 1, 1992)''.

SEC. 504. NAVY AND MARINE CORPS LIMITED DUTY OFFICERS.

    Section 5589 of title 10, United States Code, is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following 
        subsection:
    ``(c) An officer designated for limited duty who is serving on 
active duty pursuant to a temporary appointment under section 5596 of 
this title may be given an original appointment under this section with 
the same grade and date of rank as the officer held pursuant to the 
temporary appointment.''.

SEC. 505. RETIREMENT OR ENLISTMENT OF CERTAIN LIMITED DUTY OFFICERS OF 
              THE NAVY AND MARINE CORPS.

    Section 6383 of title 10, United States Code, is amended--
            (1) in subsections (a)(1), (a)(2), (a)(3), (a)(4), (b), and 
        (d), by striking out ``Except as provided in subsection (i),'' 
        and inserting in lieu thereof ``Except as provided in 
        subsections (f) and (h),'';
            (2) by striking out subsection (f) and inserting in lieu 
        thereof the following:
    ``(f)(1) An officer subject to discharge under subsection (b), (d), 
or (e) who is not eligible for retirement and to whom paragraph (2) 
does not apply may, upon the officer's request and in the discretion of 
the Secretary of the Navy, be enlisted in the grade prescribed by the 
Secretary.
    ``(2) If an officer subject to discharge under subsection (b) or 
(d) is, on the date on which the officer is to be discharged, within 
two years of qualifying for retirement under section 6323 of this 
title, the officer shall be retained on active duty until qualified for 
retirement and shall then be retired under that section, unless the 
officer is sooner retired or discharged under another provision of 
law.'';
            (3) by striking out subsection (g);
            (4) by redesignating subsections (h), (i), and (j) as 
        subsections (g), (h), and (i) respectively; and
            (5) in subsection (h) (as so redesignated), by striking out 
        ``or the discharge under subsection (d)'' and inserting in lieu 
        thereof ``or the discharge under subsection (b) or (d)''.

SEC. 506. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL ACADEMY FROM 
              COUNTING TOWARD NUMBER OF SENIOR ADMIRALS AUTHORIZED TO 
              BE ON ACTIVE DUTY.

    (a) Grade Relief.--If the next officer appointed to serve as 
Superintendent of the United States Naval Academy after April 1, 1994, 
is an officer described in subsection (b), that officer, while so 
serving, shall not be counted for purposes of the limitations contained 
in section 525(b)(2) of title 10, United States Code.
    (b) Qualifying Officer.--Subsection (a) applies in the case of a 
retired officer who--
            (1) holds the grade of admiral on the retired list;
            (2) is ordered to active duty pursuant to section 688 of 
        title 10, United States Code, to serve as Superintendent of the 
        United States Naval Academy; and
            (3) is appointed pursuant to section 601 of that title to 
        have the grade of admiral while serving on active duty in that 
        position.

SEC. 507. GRADE OF HEADS OF CERTAIN PROFESSIONAL MILITARY EDUCATION 
              SCHOOLS.

    (a) National Defense University.--The president of the National 
Defense University, if a member of the Armed Forces on active duty, has 
the grade of lieutenant general or vice admiral while so serving, if 
appointed to that grade for service in that position.
    (b) Component Schools of NDU.--The commandant of each of the 
following Department of Defense schools shall be selected from among 
officers on the active-duty list who have the grade of major general or 
rear admiral:
            (1) The National War College.
            (2) The Industrial College of the Armed Forces.
            (3) The Armed Forces Staff College.
    (c) Service Schools.--The following positions may be held only by 
officers on the active-duty list serving in the grade of major general 
or rear admiral or a higher grade:
            (1) The commandant of the Army War College.
            (2) The president of the Naval War College.
            (3) The commandant of the Air University.

                 Subtitle B--Reserve Component Matters

SEC. 511. SELECTED RESERVE ACTIVATION AUTHORITY.

    (a) Enhanced Activation Authority.--Subsection (a) of section 673b 
of title 10, United States Code, is amended to read as follows:
    ``(a)(1) If the President determines that augmentation of the 
active forces is necessary for an operational mission, the President 
may provide Reserve activation authority. The period for which a unit 
or member is ordered to active duty pursuant to Reserve activation 
authority provided under this paragraph may not be more than 180 days 
(and is subject to extension under subsection (i)).
    ``(2) If the President determines that augmentation of the active 
forces may be necessary for an operational mission that the President 
authorizes to be carried out, the President may, on or after the date 
on which the President authorizes that mission to be carried out, 
provide Reserve activation authority with respect to a total of not 
more than 25,000 members of the Selected Reserve. The period for which 
a unit or member is ordered to active duty pursuant to Reserve 
activation authority provided under this paragraph may not be more than 
90 days.
    ``(3) The term `Reserve activation authority' means authority 
provided by the President to the Secretary of Defense and the Secretary 
of Transportation with respect to the Coast Guard when it is not 
operating as a service of the Navy to order to active duty (other than 
for training) without the consent of the members concerned (A) any unit 
of the Selected Reserve, and (B) any member of the Selected Reserve not 
assigned to a unit organized to serve as a unit.
    ``(4) This section applies notwithstanding the provisions of 
section 673(a) of this title or any other provision of law.''.
    (b) Period of Extension of Active Duty.--Subsection (i) of such 
section is amended in the first sentence--
            (1) by striking out ``is ordered to active duty under this 
        section'' and inserting in lieu thereof ``is ordered to active 
        duty under authority provided under subsection (a)(1)''; and
            (2) by striking out ``90 additional days'' and inserting in 
        lieu thereof ``180 additional days''.
    (c) Conforming Amendment Concerning Notice to Congress of Use of 
Activation Authority.--Subsection (f) of such section is amended--
            (1) by inserting ``(1)'' after ``(f)''; and
            (2) by adding at the end the following:
    ``(2) Whenever a unit or member of the Selected Reserve is ordered 
to active duty under authority provided under subsection (a)(2), the 
Secretary of Defense or the Secretary of Transportation, as the case 
may be, shall submit, within 24 hours after issuing such order, a 
report to Congress, in writing, setting forth the circumstances 
necessitating the action taken and describing the anticipated use of 
the units or members ordered to active duty.''.

SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

    (a) In General.--Section 526 of title 10, United States Code, is 
amended by adding at the end the following:
    ``(d)(1) Within the numbers authorized under subsections (a) and 
(b), there shall be, at a minimum, the following Reserve general and 
flag officers serving in the National Guard Bureau, the Office of a 
Chief of a reserve component, or the headquarters of a reserve 
component command:


                                                                        
                                                                        
                                                                        
    Army National Guard of the United                                   
     States................................  3 general officers.        
    Army Reserve...........................  3 general officers.        
    Naval Reserve..........................  3 flag officers.           
    Air National Guard of the United States  3 general officers.        
    Air Force Reserve......................  3 general officers.        
                                                                        

    ``(2) Within the numbers authorized under subsections (a) and (b), 
there shall be (in addition to the officers specified in paragraph (1)) 
a Reserve general or flag officer who is assigned as the Military 
Executive to the Reserve Forces Policy Board.
    ``(e) The limitation of this section does not apply to a reserve 
general or flag officer who is on active duty for training or who is on 
active duty under a call or order specifying a period of less than 180 
days.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect at the end of the 90-day period beginning on the date of 
the enactment of this Act.

SEC. 513. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.

    Section 101(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(7)(A) The term `active Guard and Reserve duty' means 
        active duty or full-time National Guard duty performed by a 
        member of a reserve component of the Army, Navy, Air Force, or 
        Marine Corps or of the National Guard pursuant to an order to 
        active duty or full-time National Guard duty for a period of 
        more than 180 consecutive days for the purpose of organizing, 
        administering, recruiting, instructing, or training the reserve 
        components.
            ``(B) Such term does not include the following:
                    ``(i) Duty performed as a member of the Reserve 
                Forces Policy Board provided for under section 175 of 
                this title.
                    ``(ii) Duty performed as a property and fiscal 
                officer under section 708 of title 32.
                    ``(iii) Duty performed in connection with drug 
                interdiction and counter-drug activities under section 
                112 of title 32.
                    ``(iv) Duty performed as a general or flag officer.
                    ``(v) Service as a State director of the Selective 
                Service System under section 10(b)(2) of the Military 
                Selective Service Act (50 U.S.C. App. 460(b)(2)).''.

SEC. 514. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO TRANSFER OF 
              REGULAR ENLISTED MEMBERS TO THE RETIRED RESERVE.

    (a) Army.--Section 3914 of title 10, United States Code, is amended 
by striking out the second and third sentences.
    (b) Air Force.--Section 8914 of such title, is amended by striking 
out the second and third sentences.

SEC. 515. GUARD AND RESERVE TRANSITION INITIATIVES.

    (a) Section 1331a(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) Notwithstanding the provisions of section 4415(2) of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2714), the Secretary concerned may, consistent with 
the other provisions of this section, provide the notification required 
by section 1331(d) of this title to a member who no longer meets the 
qualifications for membership in the Selected Reserve solely because 
the member is unfit because of physical disability. Such notification 
may not be made if the disability is the result of the member's 
intentional misconduct, willful neglect, or willful failure to comply 
with standards and qualifications for retention established by the 
Secretary concerned or was incurred during a period of unauthorized 
absence.''.
    (b) Section 4416 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended--
            (1) by striking out subsection (d) and inserting in lieu 
        thereof the following:
    ``(d) Annual Payment Period.--An annual payment granted to a member 
under this section shall be paid for the number of years specified by 
the Secretary concerned. Such number shall be one or more but not more 
than five, except that the entitlement to the annual payment shall 
terminate on the member's 60th birthday.'';
            (2) by adding at the end of subsection (e) the following 
        new paragraph:
    ``(3) In the case of a member who will attain 60 years of age 
during the 12-month period following the date on which an annual 
payment is due, the payment shall be paid on a prorated basis of one-
twelfth of the annual payment for each full month between the date on 
which the payment is due and the date on which the member attains age 
60.''; and
            (3) by adding at the end the following new subsection:
    ``(i) Coordination With Retired Pay.--A member who has received one 
or more annual payments under this section shall, upon entitlement to 
retired pay under chapter 67 of this title, have deducted from each 
payment of such retired pay 50 percent of such payment until the total 
amount deducted is equal to the total amount of payments received under 
this section.''.

SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF ACTIVE ARMY OFFICERS.

    Section 1111 of the Army National Guard Combat Readiness Reform Act 
of 1992 (title XI of Public Law 102-484; 106 Stat. 2536) is amended by 
adding at the end the following new subsection:
    ``(e) On a semiannual basis, the Secretary of the Army shall 
furnish to the Chief of the National Guard Bureau a list containing the 
name, home of record, and last-known mailing address of each officer of 
the Army who during the previous six months was honorably separated 
from active service in the grade of major or below.''.

                       Subtitle C--Other Matters

SEC. 521. REPEAL OF REQUIRED REDUCTION IN RECRUITING PERSONNEL.

    Section 431 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2400) is repealed.

SEC. 522. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS.

    (a) Involuntary Separation Benefits and Services.--Chapter 58 of 
title 10, United States Code, is amended as follows:
            (1) Section 1141 is amended in the matter preceding 
        paragraph (1)--
                    (A) by striking out ``Army, Navy, Air Force, or 
                Marine Corps'' and inserting in lieu thereof ``armed 
                forces''; and
                    (B) by striking out ``or on or after the date of 
                the enactment of the National Defense Authorization Act 
                for Fiscal Year 1994'' and inserting in lieu thereof 
                ``or after November 29, 1993, or, with respect to a 
                member of the Coast Guard, if the member was on active 
                duty in the Coast Guard after September 30, 1994,''.
            (2) Section 1143 is amended--
                    (A) in the heading, by striking out ``: Department 
                of Defense'';
                    (B) in subsection (a), by inserting ``and the 
                Secretary of Transportation with respect to the Coast 
                Guard'' after ``Secretary of Defense'' and by striking 
                out ``under the jurisdiction of the Secretary'';
                    (C) in subsection (b), by adding at the end the 
                following new sentence: ``The Secretary of 
                Transportation shall establish permanent employment 
                assistance centers at appropriate Coast Guard 
                installations.'';
                    (D) in subsection (c), by inserting ``and the 
                Secretary of Transportation'' after ``Secretary of 
                Defense''; and
                    (E) in subsection (d), by adding at the end the 
                following new sentence: ``The Secretary of 
                Transportation shall provide the same preference in 
                hiring to involuntarily separated members of the Coast 
                Guard, and the dependents of such members, in Coast 
                Guard nonappropriated fund instrumentalities.''.
            (3) Section 1143a is amended--
                    (A) in the heading by striking out ``: Department 
                of Defense''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(h) This section shall apply to the Coast Guard in the same 
manner and to the same extent as it applies to the Department of 
Defense. The Secretary of Transportation shall implement the 
requirements of this section for the Coast Guard.''.
            (4) Section 1145 is amended by adding at the end the 
        following new subsection:
    ``(e) The provisions of this section shall apply to members of the 
Coast Guard (and their dependents) involuntarily separated from active 
duty during the five-year period beginning on October 1, 1994. The 
Secretary of Transportation shall implement this section for the Coast 
Guard.''.
            (5) Section 1146 is amended by adding at the end the 
        following new sentence: ``The Secretary of Transportation shall 
        implement this provision for Coast Guard members involuntarily 
        separated during the five-year period beginning October 1, 
        1994.''.
            (6) Section 1147(a) is amended--
                    (A) by inserting ``(1)'' before ``The Secretary of 
                a military department''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) The Secretary of Transportation may prescribe regulations to 
permit members of the Coast Guard who are involuntarily separated 
during the five-year period beginning October 1, 1994, to continue for 
not more than 180 days after the date of such separation to reside 
(along with others of the member's household) in military family 
housing provided or leased by the Coast Guard to the individual as a 
member of the armed forces.''.
            (7) Section 1148 is amended by inserting ``and the 
        Secretary of Transportation'' after ``Secretary of Defense''.
            (8) Section 1149 is amended--
                    (A) by inserting ``or the Secretary of 
                Transportation with respect to the Coast Guard'' after 
                ``Secretary of Defense''; and
                    (B) by striking out ``of the military department''.
            (9) Section 1150 is amended by adding at the end the 
        following new subsection:
    ``(c) Coast Guard.--This section shall apply to the Coast Guard in 
the same manner and to the same extent as it applies to the Department 
of Defense. The Secretary of Transportation shall prescribe regulations 
to implement this section for the Coast Guard.''.
            (10) The table of sections at the beginning of the chapter 
        is amended by striking out ``: Department of Defense'' in the 
        items relating to section 1143 and 1143a.
    (b) Special Separation Benefit.--Section 1174a of title 10, United 
States Code, is amended--
            (1) in subsection (a), by striking out ``of each military 
        department'' and inserting in lieu thereof ``concerned'';
            (2) in subsection (d), by striking out ``of a military 
        department'' and inserting in lieu thereof ``concerned'';
            (3) in subsection (e)(3), by striking out ``of the military 
        department''; and
            (4) in subsection (h), by striking out ``of a military 
        department'' and inserting in lieu thereof ``concerned''.
    (c) Voluntary Separation Incentive.--Section 1175 of title 10, 
United States Code, is amended--
            (1) in subsections (a) and (b), by inserting ``and the 
        Secretary of Transportation'' after ``Secretary of Defense'';
            (2) in subsection (c), by striking out ``of the military 
        department'';
            (3) in subsection (g), by inserting ``and the Department of 
        Transportation for the Coast Guard'' before the period at the 
        end;
            (4) in subsection (h)(3), by inserting ``except for 
        payments to members of the Coast Guard'' after ``under this 
        section''; and
            (5) in subsection (i), by inserting ``and the Secretary of 
        Transportation'' after ``Secretary of Defense''.
    (d) Temporary Early Retirement Authority.--Section 4403 of the 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484, 106 
Stat. 2702, 10 U.S.C. 1293 note) shall apply to the Coast Guard in the 
same manner and to the same extent as that provision applies to the 
Department of Defense. The Secretary of Transportation shall implement 
the provisions of that section with respect to the Coast Guard and 
apply the applicable provisions of title 14, United States Code, 
relating to retirement of Coast Guard personnel.
    (e) Effective Date.--This section and the amendments made by this 
section shall apply only to members of the Coast Guard who are 
involuntarily separated after September 30, 1994.

SEC. 523. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT TO COAST GUARD.

    (a) Establishment of Permanent Grade of Chief Warrant Officer, W-
5.--(1) The grade of chief warrant officer, W-5, is hereby established 
in the Coast Guard.
    (2) Section 571(a) of title 10, United States Code, is amended by 
striking out ``Army, Navy, Air Force, and Marine Corps'' and inserting 
in lieu thereof ``armed forces''.
    (b) Extension of Warrant Officer Management Act Provisions to Coast 
Guard Warrant Officers.--Chapter 33A of title 10, United States Code, 
is amended as follows:
            (1) Section 573(a) is amended--
                    (A) by striking out ``Secretary of a military 
                department'' in paragraph (1) and inserting in lieu 
                thereof ``Secretary concerned''; and
                    (B) by striking out ``of the military department'' 
                in paragraph (2).
            (2) Section 574 is amended by striking out ``Secretary of 
        each military department'' in subsections (a) and (b) and 
        inserting in lieu thereof ``Secretary concerned''.
            (3) Section 575(b)(2) is amended by inserting ``and the 
        Secretary of Transportation, when the Coast Guard is not 
        operating as a service in the Navy,'' after ``Secretary of 
        Defense''.
            (4) Section 576 is amended--
                    (A) in subsection (a), by striking out ``of the 
                military department'' in the matter preceding paragraph 
                (1);
                    (B) in subsection (e), by striking out ``of the 
                military department''; and
                    (C) in subsection (f)(2), by striking out ``of the 
                military department''.
            (5) Section 580 is amended--
                    (A) in subsection (a)(4)(B), by inserting ``, or 
                severance pay computed under section 286a of title 14, 
                as appropriate,'' after ``section 1174 of this title''; 
                and
                    (B) in subsection (e)(6), by inserting ``and the 
                Secretary of Transportation when the Coast Guard is not 
                operating as a service in the Navy,'' after ``Secretary 
                of Defense''.
            (6) Section 581(a) is amended by striking out ``in the 
        Army, Navy, Air Force, or Marine Corps''.
    (c) Transition for Certain Regular Warrant Officers Serving in a 
Higher Temporary Grade Below Chief Warrant Officer, W-5.--(1) A regular 
warrant officer of the Coast Guard who on the effective date of this 
section is on active duty and--
            (A) is serving in a temporary grade below chief warrant 
        officer, W-5, that is higher than that warrant officer's 
        permanent grade;
            (B) is on a list of officers recommended for promotion to a 
        temporary grade below chief warrant officer W-5; or
            (C) is on a list of officers recommended for promotion to a 
        permanent grade higher than the grade in which that warrant 
        officer is serving;
shall be considered to have been recommended by a board convened under 
section 573 of title 10, United States Code, as amended by this 
subsection (b), for promotion to the permanent grade equivalent to the 
grade in which that warrant officer is serving or for which that 
warrant officer has been recommended for promotion, as the case may be.
    (2) An officer referred to in subparagraph (A) of paragraph (1) who 
is not promoted to the grade to which that warrant officer is 
considered under such subsection to have been recommended for promotion 
because that officer's name is removed from a list of officers who are 
considered under such paragraph to have been recommended for promotion 
shall be considered by a board convened under section 573 of title 10, 
United States Code, as amended by subsection (b), for promotion to the 
permanent grade equivalent to the temporary grade in which that warrant 
officer was serving on the effective date of this section as if that 
warrant officer were serving in the permanent grade.
    (3) The date of rank of an officer referred to in paragraph (1)(A) 
who is promoted to the grade in which that warrant officer is serving 
on the effective date of this section is the date of that officer's 
temporary appointment in that grade.
    (d) Transition for Certain Reserve Warrant Officers Serving in a 
Higher Temporary Grade Below Chief Warrant Officer, W-5.--(1)(A) Except 
as provided in paragraph (2), a reserve warrant officer of the Coast 
Guard who on the effective date of this section is subject to placement 
on the warrant officer active-duty list and who--
            (i) is serving in a temporary grade below chief warrant 
        officer, W-5, that is higher than that warrant officer's 
        permanent grade; or
            (ii) is on a list of warrant officers recommended for 
        promotion to a temporary grade below chief warrant officer, W-
        5, that is the same as or higher than that warrant officer's 
        permanent grade;
shall be considered to have been recommended by a board convened under 
section 598 of title 10, United States Code, for promotion to the 
permanent grade equivalent to the grade in which the warrant officer is 
serving or for which that warrant officer has been recommended for 
promotion, as the case may be.
    (B) The date of rank of a warrant officer referred to in 
subparagraph (A)(i) who is promoted to the grade in which that warrant 
officer is considered under such subparagraph to have been recommended 
for promotion is the date of the temporary appointment of that warrant 
officer in that grade.
    (2) A reserve warrant officer of the Coast Guard who on the 
effective date of this section--
            (A) is subject to placement on the warrant officer active-
        duty list;
            (B) is serving on active duty in a temporary grade; and
            (C) holds a permanent grade higher than the temporary grade 
        in which that warrant officer is serving;
shall while continuing on active duty retain such temporary grade and 
shall be considered for promotion to a grade equal to or lower than the 
permanent grade as if such temporary grade is a permanent grade. If 
such warrant officer is recommended for promotion, the appointment of 
that warrant officer to such grade shall be a temporary appointment.
    (e) Rank of Coast Guard Warrant Officers.--(1) Subchapter A of 
chapter 11 of title 14, United States Code, is amended by adding at the 
end the following new section:
``Sec. 215. Rank of warrant officers
    ``(a) Among warrant officer grades, warrant officers of a higher 
numerical designation are senior to warrant officer grades of a lower 
numerical designation.
    ``(b) Warrant officers shall take precedence in the grade to which 
appointed in accordance with the dates of their commissions as 
commissioned officers in the Coast Guard in such grade. Precedence 
among warrant officers of the same grade who have the same date of 
commission shall be determined by regulations prescribed by the 
Secretary.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 214 the 
following new item:

``215. Rank of warrant officers.''.
    (f) Technical and Conforming Amendments.--(1) Section 1125(a) of 
the National Defense Authorization Act for Fiscal Years 1992 and 1993 
(10 U.S.C. 555 note) is repealed.
    (2) Section 286a(a) of title 14, United States Code, is amended by 
striking out ``section 564(a)(3) of title 10 (as in effect on the day 
before the effective date of the Warrant Officer Management Act)'' and 
inserting in lieu thereof ``section 580(a)(4)(A) of title 10''.
    (3) Section 334(b) of such title is amended by striking out 
``section 564 of title 10 (as in effect on the day before the effective 
date of the Warrant Officer Management Act) or'' and inserting in lieu 
thereof ``section 580,''.
    (4) Section 41 of such title is amended by striking out ``chief 
warrant officers, W-4; chief warrant officers, W-3; chief warrant 
officers, W-2; cadets; warrant officers, W-1;'' and inserting in lieu 
thereof ``chief warrant officers; cadets; warrant officers;''.
    (5)(A) Sections 212 and 213 of such title are repealed.
    (B) The table of sections at the beginning of chapter 11 of such 
title is amended by striking out the items relating to section 212 and 
213.
    (6) Section 214 of such title is amended by striking out 
subsections (b) and (c).
    (7) Section 583 of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(4) The active-duty list referred to in section 573(b) of 
        this title includes the active-duty promotion list established 
        by section 41a of title 14.''.
    (g) Temporary Authority for Involuntary Separation of Certain 
Warrant Officers.--Section 580a of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e) This section applies to the Secretary of Transportation in 
the same manner and to the same extent as it applies to the Secretary 
of Defense. The Commandant of the Coast Guard shall take the action set 
forth in subsection (b) with respect to regular warrant officers of the 
Coast Guard.''.
    (h) Effective Date.--This section and the amendments made by this 
section shall take effect on the later of--
            (1) October 1, 1994; or
            (2) the first day of the fourth month beginning after the 
        date of the enactment of this Act.

SEC. 524. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY ENLISTED MEMBERS IN 
              PAY GRADE E-8.

    (a) In General.--Section 517(a) of title 10, United States Code, is 
amended by inserting ``(or, in the case of the Army, 2.5 percent)'' 
after ``may not be more than 2 percent''.
    (b) Special Rule for 1995.--The percentage applicable to enlisted 
members of the Army in pay grade E-8 under section 517(a) of title 10, 
United States Code, during 1995 shall be 2.3 percent (rather than the 
percentage provided by the amendment made by subsection (a)).
    (c) Effective Date.--The amendment made by subsection (a) shall not 
apply with respect to the number of enlisted members of the Army on 
active duty in pay grade E-8 during 1994.

SEC. 525. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD EFFECTS DURING 
              PCS MOVES.

    (a) Authority To Reimburse.--The Secretary of the military 
department concerned may reimburse a member of the Armed Forces under 
the Secretary's jurisdiction for a loss described in subsection (b).
    (b) Covered Losses.--This section applies with respect to a loss of 
household effects sustained during a move made incident to a change of 
permanent station when, as determined by the Secretary, the loss was 
caused by a hostile action incident to war or a warlike action by a 
military force.
    (c) Limitation.--The Secretary may provide reimbursement under this 
section for a loss described in subsection (b) only to the extent that 
the loss is not reimbursed under insurance or under the authority of 
another provision of law.
    (d) Effective Date.--The authority provided by this section applies 
with respect to losses incurred after June 30, 1990.

SEC. 526. VICTIMS' ADVOCATES PROGRAMS IN DEPARTMENT OF DEFENSE.

    (a) Establishment.--The Secretary of Defense, acting through the 
Under Secretary of Defense for Personnel and Readiness, shall establish 
within each of the military departments a victims' advocates program to 
provide assistance to members of the Armed Forces and their dependents 
who are victims of sexual and physical abuse, unlawful discrimination, 
or sexual harassment.
    (b) Implementation Through Family Advocacy Program.--The programs 
under subsection (a) shall, to the extent practicable, be carried out 
through Family Advocacy Programs in the military departments.
    (c) Victims Advocate Defined.--For purposes of the programs under 
subsection (a), a victims advocate program is a program in which 
individuals working in the program serve the interests of a victim of 
sexual and physical abuse, unlawful discrimination, or sexual 
harassment by providing information on available benefits and services, 
assistance in obtaining those benefits and services, and other 
appropriate assistance.
    (d) Implementation Report.--The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report on the implementation of this section. The 
report shall be submitted not later than six months after the date of 
the enactment of this Act.

SEC. 527. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS OF THE 
              ARMED FORCES MAKING ALLEGATIONS OF SEXUAL HARASSMENT OR 
              UNLAWFUL DISCRIMINATION.

    (a) In General.--(1) Chapter 49 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 983. Retaliatory personnel actions prohibited against members 
              alleging sexual harassment or unlawful discrimination
    ``(a) Prohibition of Retaliatory Personnel Actions.--(1) No person 
may take (or threaten to take) an unfavorable personnel action, or 
withhold (or threaten to withhold) a favorable personnel action, as a 
reprisal against a member of the armed forces for making or preparing a 
communication described in subsection (b)(2) to--
            ``(A) a Member of Congress;
            ``(B) an Inspector General (as defined in subsection (g));
            ``(C) a member of a Department of Defense audit, 
        inspection, investigation, or law enforcement organization; or
            ``(D) any other person or organization (including any 
        person or organization in the chain of command) designated 
        pursuant to regulations or other established administrative 
        procedures for such communications.
    ``(2) Any action prohibited by paragraph (1) (including the threat 
to take any action and the withholding or threat to withhold any 
favorable action) shall be considered for the purposes of this section 
to be a personnel action prohibited by this subsection.
    ``(b) Inspector General Investigation of Allegations of Prohibited 
Personnel Actions.--(1) If a member of the armed forces submits to the 
Department of Defense Inspector General (or to the Inspector General of 
the Department of Transportation, in the case of a member of the Coast 
Guard when the Coast Guard is not operating as a service in the Navy) 
an allegation that a personnel action prohibited by subsection (a) has 
been taken (or threatened) against the member with respect to a 
communication described in paragraph (2), the Inspector General shall 
expeditiously investigate the allegation. The Inspector General of the 
Department of Defense may not delegate or assign any such investigation 
to an office or organization within a military department.
    ``(2) A communication described in this paragraph is a 
communication in which a member of the armed forces complains of, or 
discloses information that the member reasonably believes constitutes 
evidence of, sexual harassment or unlawful discrimination.
    ``(3) The Inspector General is not required to make an 
investigation under paragraph (1) in the case of an allegation made 
more than 60 days after the date on which the member becomes aware of 
the personnel action that is subject of the allegation.
    ``(c) Inspector General Investigation of Allegations of Sexual 
Harassment or Unlawful Discrimination.--If the Inspector General 
considers it necessary, due to evidence of a biased or inadequate 
investigation of the underlying allegation of sexual harassment or 
unlawful discrimination, the Inspector General may initiate a separate 
investigation of that allegation.
    ``(d) Reports on Investigations.--(1) Not later than 30 days after 
completion of an investigation under subsection (b) or (c), the 
Inspector General shall submit a report on the results of the 
investigation to the Secretary of Defense (or to the Secretary of 
Transportation in the case of a member of the Coast Guard when the 
Coast Guard is not operating as a service in the Navy) and the member 
of the armed forces who made the allegation.
    ``(2) In the copy of the report submitted to the member, the 
Inspector General shall ensure the maximum disclosure of information 
possible, with the exception of information that is not required to be 
disclosed under section 552 of title 5.
    ``(3) If, in the course of an investigation of an allegation under 
this section, the Inspector General determines that it is not possible 
to submit the report required by paragraph (1) within 120 days after 
the date of receipt of the allegation being investigated, the Inspector 
General shall provide to the Secretary of Defense (or to the Secretary 
of Transportation in the case of a member of the Coast Guard when the 
Coast Guard is not operating as a service in the Navy) and to the 
member making the allegation a notice--
            ``(A) of that determination (including the reasons why the 
        report may not be submitted within that time); and
            ``(B) of the time when the report will be submitted.
    ``(4) The report on the results of the investigation shall contain 
a thorough review of the facts and circumstances relevant to the 
allegation and the complaint or disclosure and shall include documents 
acquired during the course of the investigation, including summaries of 
interviews conducted. The report may include a recommendation as to the 
disposition of the complaint.
    ``(e) Correction of Records When Prohibited Action Taken.--(1) A 
board for the correction of military records acting under section 1552 
of this title, in resolving an application for the correction of 
records made by a member or former member of the armed forces who has 
alleged a personnel action prohibited by subsection (a), on the request 
of the member or former member or otherwise, may review the matter.
    ``(2) In resolving an application described in paragraph (1), a 
correction board--
            ``(A) shall review the report of the Inspector General 
        submitted under subsection (d);
            ``(B) may request the Inspector General to gather further 
        evidence; and
            ``(C) may receive oral argument, examine and cross-examine 
        witnesses, take depositions, and, if appropriate, conduct an 
        evidentiary hearing.
    ``(3) If the board elects to hold an administrative hearing, the 
member or former member who filed the application described in paragaph 
(1)--
            ``(A) may be provided with representation by a judge 
        advocate if--
                    ``(i) the Inspector General, in the report under 
                subsection (d), finds that there is probable cause to 
                believe that a personnnel action prohibited by 
                subsection (a) has been taken (or threatened) against 
                the member with respect to a communication described in 
                subsection (b)(2);
                    ``(ii) the Judge Advocate General concerned 
                determines that the case is unusually complex or 
                otherwise requires judge advocate assistance to ensure 
                proper presentation of the legal issues in the case; 
                and
                    ``(iii) the member is not represented by outside 
                counsel chosen by the member; and
            ``(B) may examine witnesses through deposition, serve 
        interrogatories, and request the production of evidence, 
        including evidence contained in the investigatory record of the 
        Inspector General but not included in the report submitted 
        under subsection (d).
    ``(4) The Secretary concerned shall issue a final decision with 
respect to an application described in paragraph (1) within 180 days 
after the application is filed. If the Secretary fails to issue such a 
final decision within that time, the member or former member shall be 
deemed to have exhausted the member's or former member's administrative 
remedies under section 1552 of this title.
    ``(5) The Secretary concerned shall order such action, consistent 
with the limitations contained in sections 1552 and 1553 of this title, 
as is necessary to correct the record of a personnel action prohibited 
by subsection (a).
    ``(6) If the Board determines that a personnel action prohibited by 
subsection (a) has occurred, the Board may recommend to the Secretary 
concerned that the Secretary take appropriate disciplinary action 
against the individual who committed such personnel action.
    ``(f) Review by Secretary of Defense.--Upon the completion of all 
administrative review under subsection (e), the member or former member 
of the armed forces (except for a member or former member of the Coast 
Guard when the Coast Guard is not operating as a service in the Navy) 
who made the allegation referred to in subsection (b)(1), if not 
satisfied with the disposition of the matter, may submit the matter to 
the Secretary of Defense. The Secretary shall make a decision to 
reverse or uphold the decision of the Secretary of the military 
department concerned in the matter within 90 days after receipt of such 
a submittal.
    ``(g) Post-Disposition Interviews.--After disposition of any case 
under this section, the Inspector General shall, whenever possible, 
conduct an interview with the person making the allegation to determine 
the views of that person on the disposition of the matter.
    ``(h) Regulations.--The Secretary of Defense, and the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy, shall prescribe regulations to carry out this 
section.
    ``(i) Definitions.--In this section:
            ``(1) The term `unlawful discrimination' means 
        discrimination on the basis of race, color, religion, sex, or 
        national origin.
            ``(2) The term `Member of Congress' includes any Delegate 
        or Resident Commissioner to Congress.
            ``(3) The term `Inspector General' means--
                    ``(A) an Inspector General appointed under the 
                Inspector General Act of 1978; and
                    ``(B) an officer of the armed forces assigned or 
                detailed under regulations of the Secretary concerned 
                to serve as an Inspector General at any command level 
                in one of the armed forces.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``983. Retaliatory personnel actions prohibited against members 
                            alleging sexual harassment or unlawful 
                            discrimination.''.
    (b) Deadline for Regulations.--The Secretary of Defense and the 
Secretary of Transportation shall prescribe the regulations required by 
subsection (g) of section 983 of title 10, United States Code, as added 
by subsection (a), not later than 120 days after the date of the 
enactment of this Act.
    (c) Content of Regulations.--In prescribing regulations under 
section 983 of title 10, United States Code, as added by subsection 
(a), the Secretary of Defense and the Secretary of Transportation shall 
provide for due process procedures for the subject of any investigation 
carried out under the provisions of that section, including a process 
for appeal and review of investigative findings.
    (d) Effective Date.--Section 983 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to any personnel 
action taken (or threatened to be taken) on or after the date of the 
enactment of this Act as a reprisal prohibited by subsection (a) of 
that section.

SEC. 528. ANNUAL REPORT ON PERSONNEL READINESS.

    (a) Required Assessment.--The Secretary of Defense shall submit to 
Congress an annual report on trends in recruiting, retention, and 
personnel readiness.
    (b) Data To Be Collected.--Each annual report under subsection (a) 
shall include the following information with respect to the preceding 
fiscal year for the active components of each of the Armed Forces under 
the jurisdiction of the Secretary (as well as such additional 
information as the Secretary considers appropriate):
            (1) The numbers and rates of temporary and permanent 
        nondeployability of members of the Armed Forces, displayed by 
        cause of nondeployability, rank, and gender.
            (2) The numbers and rates of complaints and allegations 
        involving gender and other unlawful discrimination and sexual 
        harassment, and the rates of substantiation for those 
        complaints and allegations.
            (3) The numbers and rates of disciplinary proceedings, 
        displayed (A) by offense or infraction committed, (B) by 
        gender, rank, and race, and (C) by the categories specified in 
        paragraph (2).
            (4) The retention rates, by gender, rank, and race, with an 
        analysis of factors influencing those rates.
            (5) The propensity of persons to enlist, displayed by 
        gender and race, with an analysis of the factors influencing 
        those propensities.
    (c) Submission to Congress.--The Secretary shall submit the report 
under this section for any fiscal year as part of the annual Department 
of Defense posture statement provided to Congress in connection with 
the Department of Defense budget request for that fiscal year.
    (d) Initial Submission.--The first report under this section shall 
be submitted in connection with the Department of Defense budget 
request for fiscal year 1996 and shall include data, to the degree such 
data already exists, for fiscal years after fiscal year 1991.

SEC. 529. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS.

    (a) Outreach Program to Persian Gulf Veterans and Families.--The 
Secretary of Defense shall institute a comprehensive outreach program 
to inform members of the Armed Forces who served in the Southwest Asia 
theater of operations during the Persian Gulf Conflict, and the 
families of such members, of illnesses that may result from such 
service. The program shall be carried out through both medical and 
command channels, as well as any other means the Secretary considers 
appropriate. Under the program, the Secretary shall--
            (1) inform such individuals regarding--
                    (A) common disease symptoms reported by Persian 
                Gulf veterans that may be due to service in the 
                Southwest Asia theater of operations;
                    (B) blood donation policy;
                    (C) available counseling and medical care for such 
                members; and
                    (D) possible health risks to children of Persian 
                Gulf veterans;
            (2) inform such individuals of the procedures for 
        registering in either the Persian Gulf Veterans Health 
        Surveillance System of the Department of Defense or the Persian 
        Gulf War Health Registry of the Department of Veterans Affairs; 
        and
            (3) encourage such members to report any symptoms they may 
        have and to register in the appropriate health surveillance 
        registry.
    (b) Incentives to Persian Gulf Veterans To Register.--In order to 
encourage Persian Gulf veterans to register any symptoms they may have 
in one of the existing health registries, the Secretary of Defense 
shall provide the following:
            (1) For any Persian Gulf veteran who is on active duty and 
        who registers with the Department of Defense's Persian Gulf War 
        Veterans Health Surveillance System, a full medical evaluation 
        and any required medical care.
            (2) For any Persian Gulf War veteran who is, as of the date 
        of the enactment of this Act, a member of a reserve component, 
        opportunity to register at a military medical facility in the 
        Persian Gulf Veterans Health Care Surveillance System and, in 
        the case of a Reserve who registers in that registry, a full 
        medical evaluation by the Department of Defense. Depending on 
        the results of the evaluation and on eligibility status, 
        reserve personnel may be provided medical care by the 
        Department of Defense.
            (3) For a Persian Gulf veteran who is not, as of the date 
        of the enactment of this Act, on active duty or a member of a 
        reserve component, assistance and information at a military 
        medical facility on registering with the Persian Gulf War 
        Registry of the Department of Veterans Affairs and information 
        related to support services provided by the Department of 
        Veterans Affairs.
    (c) Compatability of Department of Defense and Department of 
Veterans Affairs Registries.--The Secretary of Defense shall ensure 
that the Department of Defense Persian Gulf Veterans Health 
Surveillance System register is compatible with the Persian Gulf War 
Registry maintained by the Department of Veterans Affairs and that all 
information on individuals who register with the Department of Defense 
system is provided to the Department of Veterans Affairs for 
incorporation into the Persian Gulf War Registry.
    (d) Presumptions on Behalf of Service Member.--(1) A member of the 
Armed Forces who is a Persian Gulf veteran, who has symptoms of 
illness, and who the Secretary concerned finds may have become ill as a 
result of serving on active duty in the Southwest Asia theater of 
operations during the Persian Gulf War shall be considered for 
Department of Defense purposes to have become ill as a result of 
serving in that theater of operations.
    (2) A member of the Armed Forces who is a Persian Gulf veteran and 
who reports being ill as a result of serving on active duty in the 
Southwest Asia theater of operations during the Persian Gulf War shall 
be considered for Department of Defense purposes to have become ill as 
a result of serving in that theater of operations until such time as 
the weight of medical evidence establishes other cause or causes of the 
member's illness.
    (3) The Secretary concerned shall ensure that, for the purposes of 
health care treatment by the Department of Defense, health care and 
personnel administration, and disability evaluation by the Department 
of Defense, the symptoms of any member of the Armed Forces covered by 
paragraph (1) or (2) are examined in light of the member's service in 
the Persian Gulf War and in light of the reported symptoms of other 
Persian Gulf veterans. The Secretary shall ensure that, in providing 
health care diagnosis and treatment of the member, a broad range of 
potential causes of the member's symptoms are considered and that the 
member's symptoms are considered collectively, as well as by type of 
symptom or medical speciality, and that treatment across medical 
specialties is coordinated appropriately.
    (4) The Secretary of Defense shall ensure that the presumptions of 
service connection and illness specified in paragraphs (1) and (2) are 
incorporated in appropriate service medical and personnel regulations 
and are widely disseminated throughout the Department of Defense.
    (e) Revision of the Physical Evaluation Board Criteria.--(1) The 
Secretary of Defense, in consultation with the Secretary of Veterans 
Affairs and the Secretary of Health and Human Services, shall ensure 
that case definitions of Persian Gulf related illnesses, as well as the 
Physical Evaluation Board criteria used to set disability ratings for 
members no longer medically qualified for continuation on active duty, 
are established as soon as possible to permit accurate disability 
ratings related to a diagnosis of Persian Gulf illnesses.
    (2) Until revised disability criteria can be implemented and 
members of the Armed Forces can be rated against those criteria, the 
Secretary of Defense shall ensure--
            (A) that any member of the Armed Forces on active duty who 
        may be suffering from a Persian Gulf-related illness is 
        afforded continued military medical care; and
            (B) that any member of the Armed Forces on active duty who 
        is found by a Physical Evaluation Board to be unfit for 
        continuation on active duty as a result of a Persian Gulf-
        related illness for which the board has no rating criteria (or 
        inadequate rating criteria) for the illness or condition from 
        which the member suffers is placed on the temporary disability 
        retired list.
    (f) Review of Records and Rerating of Previously Discharged Gulf 
War Veterans.--(1) The Secretary of Defense, in consultation with the 
Secretary of Veterans Affairs, shall ensure that a review is made of 
the health and personnel records of each Persian Gulf veteran who 
before the date of the enactment of this Act was discharged from active 
duty, or was medically retired, as a result of a Physical Evaluation 
Board process.
    (2) The review under paragraph (1) shall be carried out to ensure 
that former Persian Gulf veterans who may have been suffering from a 
Persian Gulf-related illness at the time of discharge or retirement 
from active duty as a result of the Physical Evaluation Board process 
are revaluated in accordance with the criteria established in 
subsection (c)(1) and, if appropriate, are rerated.
    (g) Persian Gulf Illness Medical Referral Centers.--The Secretary 
of Defense shall evaluate the feasibility of establishing one or more 
medical referral centers to provide uniform, coordinated medical care 
for Persian Gulf veterans on active duty who are or may be suffering 
from a Persian Gulf-related illness. The Secretary shall submit a 
report on such feasibility to the Committees on Armed Services of the 
Senate and House of Representatives not later than six months after the 
date of the enactment of this Act.
    (h) Annual Report to Congress.--(1) The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives an annual report on--
            (A) efforts taken and results achieved in notifying members 
        of the Armed Forces and their families as part of the outreach 
        program required by subsection (a);
            (B) efforts taken to revise the Physical Evaluation Board 
        disability rating and interim efforts to adjudicate cases 
        before the revision of the criteria; and
            (C) results of the review and rerating of previously 
        separated servicemembers.
    (2) The first report under paragraph (1) shall be submitted not 
later than 120 days after the date of the enactment of this Act.
    (i) Persian Gulf Veteran.--For purposes of this section, a Persian 
Gulf veteran is an individual who served on active duty in the Armed 
Forces in the Southwest Asia theater of operations during the Persian 
Gulf Conflict.

SEC. 530. UPGRADE OF ARMED FORCES STAFF COLLEGE WARGAMING AND OTHER 
              CAPABILITIES.

    (a) Findings.--The Congress makes the following findings:
            (1) The Congress and the Department of Defense have 
        envisioned the Armed Forces Staff College as the premier 
        educational institution for joint operational planning and 
        warfighting.
            (2) The mission of the college is to educate staff officers 
        and other leaders in joint and combined operational planning 
        and warfighting in order to instill a primary commitment to 
        joint teamwork, attitudes, and perspective.
            (3) The intention of the Congress and the Department of 
        Defense is that the college be a ``hands-on'' school, preparing 
        officers for joint duty assignments through extensive use of 
        case studies and war games that focus on the specifics of joint 
        warfare and involve theaters of war set in both developed and 
        underdeveloped regions.
            (4) The inadequate wargaming capability at the college does 
        not allow for a hands-on approach, nor does the current 
        capability and associated facilities, in particular, the 
        antiquated and decaying library, support an atmosphere in which 
        students are able to develop critical thinking skills and 
        problem-solving abilities as they pertain to joint operational 
        planning and warfighting.
            (5) In order for the college to fulfill its mission to 
        educate officers in joint matters with a curriculum that is 
        hands-on from the first day of school until the last, the 
        college must be able to run war games and practical exercises 
        simultaneously whenever the curriculum dictates. To meet this 
        requirement, the college must have its own wargaming facility.
            (6) Neither the Joint Warfighting Center, which Congress 
        strongly supported in Public Law 103-160, nor a proposed 
        wargaming facility for the United States Atlantic Command (both 
        of which will be located miles from the college), can fulfill 
        the unique, continuous, on-campus educational requirements of 
        the college.
            (7) Off-site facilities cannot sustain the evolution of the 
        college to fulfill its potential as a research center for joint 
        operational excellence whose faculty and advanced students 
        achieve the highest levels of ability in critical thinking and 
        problem solving regarding joint matters and, as a consequence, 
        are capable of using wargaming, simulation, and other 
        analytical techniques to develop and evaluate advanced 
        warfighting and campaign concepts and doctrine for the future 
        employment of joint forces.
            (8) The Congress, in the joint statement of managers to 
        accompany the bill H.R. 2401 of the 103d Congress--
                    (A) noted that there were ``no current Department 
                of Defense plans to upgrade the wargaming capability at 
                the Armed Forces Staff College'';
                    (B) urged ``that this situation be corrected and 
                that the Department of Defense, particularly the 
                Chairman of the Joint Chiefs of Staff and the Secretary 
                of the Navy, develop plans for a wargaming capability 
                at AFSC comparable to those at the Army, Navy, and Air 
                Force professional military education schools''; and
                    (C) stated that the conferees ``expect the 
                Department of Defense budget for fiscal year 1995 to 
                contain a request for funding to upgrade the wargaming 
                capability at AFSC.''.
            (9) The Department of Defense budget request for fiscal 
        year 1995 did not contain a request for funding to upgrade the 
        Armed Forces Staff College wargaming capability.
    (b) Required Actions.--The Secretary of Defense shall--
            (1) upgrade the wargaming capability at the Armed Forces 
        Staff College to make that capability, at a minimum, comparable 
        to the wargaming capability at the Army, Navy, and Air Force 
        professional military education schools;
            (2) survey the other facilities and capabilities of the 
        college (in particular, the library and the classroom 
        instruction facilities) and upgrade them to make them 
        comparable to the facilities and capabilities at the Army, 
        Navy, and Air Force professional military education schools;
            (3) include a request for funding the upgrades under 
        paragraphs (1) and (2) in the Department of Defense budget for 
        fiscal year 1996; and
            (4) submit to the congressional defense committees, not 
        later than January 15, 1995, a plan for executing those 
        upgrades.

SEC. 531. PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR FEES FOR 
              ATTENDANCE AT CERTAIN ACADEMIES.

    (a) Prohibition.--Except as provided in subsection (b), no charge 
or fee for tuition, room, or board for attendance at an academy named 
in subsection (c) may be imposed unless the charge or fee is 
specifically authorized by a law enacted after the date of the 
enactment of this Act.
    (b) Exception.--The prohibition specified in subsection (a) shall 
not apply with respect to any item or service provided to cadets or 
midshipmen at an academy named in subsection (c) for which a charge or 
fee is imposed as of the date of the enactment of this Act. The 
Secretary of Defense or the Secretary of Transportation, as the case 
shall be, shall notify the Congress of any change made by an academy in 
the amount of a charge or fee authorized under this subsection.
    (c) Covered Academies.--This section applies to the following:
            (1) The United States Military Academy.
            (2) The United States Naval Academy.
            (3) The United States Air Force Academy.
            (4) The United States Coast Guard Academy.
            (5) The United States Merchant Marine Academy.

SEC. 532. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN STUDENTS AT FOREIGN 
              LANGUAGE CENTER OF THE DEFENSE LANGUAGE INSTITUTE.

    (a) Admission of Civilians as Students.--(1) The Secretary of the 
Army may enter into an agreement with an accredited institution of 
higher education (or a consortium of such institutions) under which 
students enrolled at an institution of higher education that is a party 
to the agreement may receive instruction at the Foreign Language Center 
of the Defense Language Institute on a cost-reimbursable, space-
available basis.
    (2) The Secretary may also permit other persons who would benefit 
from the instruction provided at the Center, as determined by the 
Secretary, to receive instruction at the Center on a cost-reimbursable, 
space-available basis.
    (b) Selection and Attendance.--(1) The Secretary shall select the 
persons who will be permitted to receive instruction at the Center 
pursuant to subsection (a). In the case of agreements under subsection 
(a)(1), the Secretary shall consult with the other parties to the 
agreements to establish qualifications and methods of selection for 
persons to receive instruction at the Center.
    (2) Except as the Secretary determines necessary, a person who 
receives instruction at the Center pursuant to subsection (a) shall be 
subject to the same regulations governing attendance, discipline, 
discharge, and dismissal as apply to other persons attending the 
Center.
    (c) Retention of Funds.--Amounts collected under subsection (a) to 
reimburse the Center for the costs of providing instruction to students 
under subsection (a) shall be credited to funds available for 
compensation of instructors at the Center and to defray direct civilian 
student costs to the school.
    (d) Center Defined.--For purposes of this section, the term 
``Center'' means the Foreign Language Center of the Defense Language 
Institute.
    (e) Expiration of Authority.--No student may be admitted to the 
Center under subsection (a) to commence classes beginning after 
September 30, 1997.

SEC. 533. SENSE OF CONGRESS CONCERNING APPROPRIATE DEPARTMENT OF 
              DEFENSE FORCE STRUCTURE THROUGH 1997.

    (a) Findings.--The Congress makes the following findings:
            (1) The United States has commited itself to fight and win 
        two Persian Gulf-type regional wars almost simultaneously. Both 
        the Bush and Clinton administrations have embraced the so-
        called ``win/win'' strategy which requires sizing the military 
        for two major regional conflicts.
            (2) The involvement of the United States in relief efforts 
        in Somalia, the continued involvement of the United States in 
        Bosnia, and the possible need for military action in Korea 
        reaffirm the importance of a sufficient-sized military to deter 
        aggression and enforce America's interests abroad.
            (3) The United States military will be called upon in the 
        future to perform an increasing number of humanitarian and 
        relief missions, causing increased strain on the resources of 
        the Armed Forces.
            (4) The United States military force structure has shrunk 
        dramatically since the Persian Gulf War in 1991. Critical force 
        enhancements which will not be deployed for several years are 
        needed to achieve decisive victory in major regional conflicts.
    (b) Sense of Congress.--In light of the findings in subsection (a), 
it is the sense of Congress that--
            (1) through 1997 the United States should have--
                    (A) not less than 520,000 personnel in the active 
                forces of the Army;
                    (B) not less than 11 active aircraft carriers and 
                one reserve aircraft carrier in the Navy;
                    (C) not less than 20 active and reserve fighter 
                wings in the Air Force; and
                    (D) not less than 174,000 personnel in the active 
                forces of the Marine Corps;
            (2) funding for national defense for fiscal years 1995 
        through 1997 should be established at a level sufficient to 
        support the force structure described in paragraph (1) and to 
        ensure that the United States does not have a hollow force; and
            (3) the force structure described in paragraph (1) 
        represents the minimum level which should be maintained, but 
        the President should be willing to increase defense spending to 
        meet new or existing threats.

SEC. 534. DISCHARGE OF MEMBERS WHO ARE PERMANENTLY NONWORLDWIDE 
              ASSIGNABLE.

    (a) In General.--(1) Chapter 59 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1177. Members who are permanently nonworldwide assignable: 
              mandatory discharge or retirement; counseling
    ``(a) Required Separation.--A member of the armed forces who is 
classified as permanently nonworldwide assignable due to a medical 
condition shall (except as provided in subsection (c)) be separated 
unless the Secretary concerned determines that the retention of 
permanently nonworldwide assignable service members would not adversely 
affect the ability of the service to carry out its mission. Such 
separation shall be made on a date determined by the Secretary 
concerned, which (except as provided in subsection (b)(2)) shall be as 
soon as practicable after the date on which the determination is made 
that the member should be so classified and not later than the last day 
of the twelfth month beginning after that date.
    ``(b) Form of Separation.--(1) If a member to be separated under 
this section is eligible to retire under any provision of law or to be 
transferred to the Fleet Reserve or Fleet Marine Corps Reserve, the 
member shall be so retired or so transferred. Otherwise, the member 
shall be discharged.
    ``(2) In the case of a member to be discharged under this section 
who on the date on which the member is to be discharged is within two 
years of qualifying for retirement under any provison of law, or of 
qualifying for transfer to the Fleet Reserve or Fleet Marine Corps 
Reserve under section 6330 of this title, the member may, as determined 
by the Secretary concerned, be retained on active duty until the member 
is qualified for retirement or transfer to the Fleet Reserve or Fleet 
Marine Corps Reserve, as the case may be, and then be so retired or 
transferred, unless the member is sooner retired or discharged under 
any other provision of law.
    ``(c) Exceptions.--The Secretary concerned may waive subsection (a) 
with respect to an individual member of the armed forces under the 
jurisdiction of that Secretary if the Secretary determines that there 
are circumstances that warrant the retention of that member. Such 
circumstances may include--
            ``(1) consideration that the medical condition making the 
        member permanently nonworldwide assignable was incurred in 
        combat or otherwise as the result of an action of the member 
        for which the member received a decoration or other recognition 
        for personal bravery;
            ``(2) consideration that the member has a specific 
        proficiency or skill that is vital to the national security; 
        and
            ``(3) any other circumstance that the Secretary considers 
        to be for the good of the service.
    ``(d) Counseling About Available Medical Care.--A member to be 
separated under this section shall be provided information, in writing, 
before such separation of the available medical care (through the 
Department of Veterans Affairs and otherwise) to treat the member's 
condition. Such information shall include identification of specific 
medical locations near the member's home of record or point of 
discharge at which the member may seek necessary medical care.
    ``(e) Separation To Be Considered Involuntary.--A separation under 
this section shall be considered to be an involuntary separation for 
purposes of any other provision of law.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1177. Members who are permanently nonworldwide assignable: mandatory 
                            discharge or retirement; counseling.''.
    (b) Effective Date.--Section 1177 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to members 
determined to be permanently nonworldwide assignable by reason of a 
medical condition before, on, or after the date of the enactment of 
this Act. In the case of such a determination made before the date of 
the enactment of this Act, the period for the separation of the member 
specified in subsection (a) of such section shall be treated as 
beginning on the date of the enactment of this Act.
    (c) Conforming Amendment.--Section 1174(a)(1) of title 10, United 
States Code, is amended by striking out ``section 580'' and inserting 
in lieu thereof ``section 580, 1177,''.

SEC. 535. MILITARY RECRUITING ON CAMPUS.

    (a) Denial of Funds.--(1) No funds available to the Department of 
Defense may be provided by grant or contract to any educational 
institution that has a policy of denying, or which effectively 
prevents, the Secretary of Defense from obtaining for military 
recruiting purposes--
            (A) entry to campuses or access to students on campuses; or
            (B) access to directory information pertaining to students.
    (2) Students referred to in paragraph (1) are individuals who are 
17 years of age or older.
    (b) Procedures for Determination.--The Secretary of Defense, in 
consultation with the Secretary of Education, shall prescribe 
regulations that contain procedures for determining if and when an 
educational institution has denied or prevented access to students or 
information described in subsection (a).
    (c) Definition.--For purposes of this section, the term ``directory 
information'' means, with respect to a student, the student's name, 
address, telephone listing, date and place of birth, level of 
education, degrees received, and the most recent previous educational 
institution enrolled in by the student.

SEC. 536. SURVEY ON THE STATE OF RACE AND ETHNIC ISSUES IN THE 
              MILITARY.

    (a) Requirement for Survey.--The Secretary of Defense, acting 
through the Armed Forces Survey on Race/Ethnic Issues, shall carry out 
a biennial survey to measure the state of racial and ethnic issues and 
discrimination among active-duty military personnel. The survey shall 
solicit information on the race relations climate in the services, 
including--
            (1) indicators of positive and negative trends of relations 
        between all racial and ethnic groups; and
            (2) the effectiveness of Department of Defense policies 
        designed to improve race and ethnic relations; and
            (3) the effectiveness of current complaints and 
        investigations processes.
    (b) Report to Congress.--The Secretary shall submit to Congress the 
results from the first survey under subsection (a) not later than 
February 15, 1995, and report the results of future surveys biennially, 
thereafter.

SEC. 537. REQUEST FOR POSTHUMOUS COMMISSIONING IN THE ARMY OF TWO 
              AFRICAN AMERICANS DISCHARGED FROM WEST POINT DUE TO 
              RACIAL PREJUDICE DURING POST-CIVIL WAR PERIOD.

    (a) Request.--The President is authorized and requested to issue, 
or have issued, posthumous commissions in the grade of second 
lieutenant in the Regular Army--
            (1) in the name of James Webster Smith of South Carolina, 
        the first African American appointed to the United States 
        Military Academy, who was appointed to the Academy in 1870 and 
        was subsequently discharged from the Corps of Cadets of the 
        Academy and from the Army due to extreme racial prejudice; and
            (2) in the name of Johnson Chesnut Whittaker of South 
        Carolina, the third African American appointed to the United 
        States Military Academy, who was appointed to the Academy in 
        1876 and was subsequently discharged from the Corps of Cadets 
        of the Academy and from the Army shortly before his graduation 
        and commissioning as a second lieutenant due to extreme racial 
        prejudice.
    (b) Treatment of Benefits.--The provisions of section 1523 of title 
10, United States Code, apply in the case of a commission issued as 
requested in subsection (a).

SEC. 538. DETAIL OF DEPARTMENT OF DEFENSE PERSONNEL TO ASSIST 
              IMMIGRATION AND NATURALIZATION SERVICE, BORDER PATROL AND 
              CUSTOMS SERVICE.

    (a) Authority of Secretary of Defense.--Section 374 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(d)(1) During each fiscal year, the Secretary of Defense may make 
Department of Defense personnel currently stationed in Europe available 
to assist--
            ``(A) at the request of the Attorney General, the 
        Immigration and Naturalization Service and the United States 
        Border Patrol in preventing the entry of terrorists, drug 
        traffickers, and illegal aliens into the United States; and
            ``(B) at the request of the Secretary of the Treasury, the 
        United States Customs Service in the inspection of cargo, 
        vehicles, and aircraft at points of entry into the United 
        States.''.
    (b) Effective Date.--This section shall take effect on October 1, 
1994.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.

    (a) Waiver of Section 1009 Adjustment.--Any adjustment required by 
section 1009 of title 37, United States Code, in elements of 
compensation of members of the uniformed services to become effective 
during fiscal year 1995 shall not be made.
    (b) Increase in Basic Pay, BAS, and BAQ.--Effective on January 1, 
1995, the rates of basic pay, basic allowance for subsistence, and 
basic allowance for quarters of members of the uniformed services are 
increased by 2.6 percent.
    (c) Increase in Cadet and Midshipman Pay.--Effective on January 1, 
1995, section 203(c)(1) of title 37, United States Code, is amended by 
striking out ``$543.90'' and inserting in lieu thereof ``$558.04''.

SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE UNIFORMED 
              SERVICES ASSIGNED TO HIGH COST AREAS IN THE CONTINENTAL 
              UNITED STATES.

    (a) Allowance Required.--(1) Chapter 7 of title 37 is amended by 
inserting after section 403a the following new section:
``Sec. 403b. Cost-of-living allowance in the continental United States
    ``(a) Members Eligible.--(1) A member of the uniformed services who 
is assigned to a high cost area in the continental United States is 
entitled to a cost-of-living allowance under this section.
    ``(2) A member who is assigned to an unaccompanied tour of duty 
outside the continental United States is entitled to a cost-of-living 
allowance under this section if the dependents of the member reside in 
a high cost area in the continental United States.
    ``(3) A member who is assigned to duty in the continental United 
States and whose dependents, due to the duty location or other 
circumstances, must reside in a high cost area in the continental 
United States, may be paid a cost-of-living allowance under this 
section based on the area where the dependents reside if it would be 
inequitable to base the allowance on the duty location of the member.
    ``(b) Exceptions or Conditions.--(1) A member of the uniformed 
services who is otherwise entitled to a cost-of-living allowance under 
this section is not entitled to the allowance for the number of days 
during which travel is authorized while changing permanent duty 
stations.
    ``(2) A member of a reserve component is not entitled to a cost-of-
living allowance under this section unless the member is on active duty 
under a call or order that specifies a tour of active duty of 140 days 
or more or states that the active duty is in support of a contingency 
operation.
    ``(c) Annual Allowance Threshold.--Based on the amount of funds 
available for a fiscal year to provide cost-of-living allowances under 
this section, the Secretary of Defense shall establish annually an 
allowance threshold to represent the percentage by which the cost of 
living of an area must exceed the national average cost of living in 
order to qualify the area as a high cost area for payment of the cost-
of-living allowance to members of the uniformed services described in 
subsection (a). However, the allowance threshold for a fiscal year may 
not be less than 1.05 nor more than 1.08.
    ``(d) Determination of National and Area Cost of Livings.--(1) The 
Secretary of Defense shall establish the cost-of-living allowance for a 
fiscal year by using the Consumer Price Index (as determined by the 
Bureau of Labor Statistics of the Department of Labor) or by using a 
comparable index developed in the private sector to determine a 
national average cost of living and the cost of living for various 
areas in the continental United States. To determine the cost of living 
of members of the uniformed services, the Secretary shall consider 
nonhousing costs (such as transportation, goods, and services) incurred 
by members of the uniformed services and average income tax paid by 
such members. The Secretary shall reduce the amounts determined to 
exclude cost savings attributable to military facilities (such as 
commissary, military exchange, and military health care benefits) and 
any military subsistence allowance.
    ``(e) Allowance Factor.--The factor used in a particular high cost 
area to calculate the amount of the cost-of-living allowance for a 
fiscal year for members of the uniformed services described in 
subsection (a) shall be equal to the difference between--
            ``(1) the cost of living for the high cost area divided by 
        the national average cost of living; and
            ``(2) the allowance threshold established under subsection 
        (c) for that year.
    ``(f) Amount of Allowance.--The cost-of-living allowance of a 
member of the uniformed services described in subsection (a) who is 
covered by a particular high cost area is equal to the product of the 
basic pay of the member and the allowance factor for that high cost 
area determined under subsection (e). The Secretary shall adjust the 
amount determined to maintain after-tax purchasing power of the 
allowance.
    ``(g) Definitions.--In this section--
            ``(1) the term `high cost area' means an area in the 
        continental United States in which the cost of living, with 
        respect to a particular fiscal year, exceeds the national 
        average cost of living by a percentage greater than the 
        allowance threshold established for that fiscal year under 
        subsection (c); and
            ``(2) the term `continental United States' means the 48 
        contiguous States and the District of Columbia.''.
    (2) The table of sections at the beginning of chapter 7 of title 
37, United States Code, is amended by inserting after the item relating 
to section 403a the following new item:

``403b. Cost-of-living allowance in the continental United States.''.
    (b) Application of Amendment.--The Secretary of Defense may not 
provide a cost-of-living allowance under section 403b of title 37, 
United States Code, as added by subsection (a), before July 1, 1995.

SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE TO MEMBERS OF 
              SENIOR RESERVE OFFICERS' TRAINING CORPS.

    (a) Increase.--Section 209(a) of title 37, United States Code, is 
amended by striking out ``$100 a month'' in the first sentence and 
inserting in lieu thereof ``$150 a month''.
    (b) Application of Increase.--(1) Except as provided in paragraph 
(2), the amendments made by subsection (a) shall apply with respect to 
months beginning after August 31, 1995.
    (2) Upon the approval of the Secretary of Defense, the Secretary of 
a military department may implement such amendments at an earlier date 
with respect to members of the Senior Reserve Officers' Training Corps 
under the jurisdiction of the Secretary if funds are available for the 
monthly subsistence allowances authorized by such amendments.

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. INCREASE IN AUTHORIZED INCENTIVE SPECIAL PAY FOR CERTIFIED 
              REGISTERED NURSE ANESTHETISTS.

    Section 302e(a)(1) of title 37, United States Code, is amended by 
striking out ``$6,000'' and inserting in lieu thereof ``$15,000''.

SEC. 612. EXTENSION OF AUTHORITY FOR PAYMENT OF AVIATION OFFICER 
              RETENTION BONUS

    Section 301b(a) of title 37, United States Code, is amended by 
striking out ``September 30, 1994'' and inserting in lieu thereof 
``September 30, 1995''.

            Subtitle C--Travel and Transportation Allowances

SEC. 621. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO PERSONAL 
              EMERGENCIES FOR MEMBERS STATIONED OUTSIDE THE CONTINENTAL 
              UNITED STATES.

    Section 411d(b) of title 37, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding the subparagraphs, by 
                striking ``from the international airport'' and all 
                that follows through ``or the international airport 
                nearest'' and inserting in lieu thereof ``from the 
                location of the member or dependents, at the time 
                notification of the personal emergency is received, 
                or''; and
                    (B) in subparagraph (A), by striking ``closest to 
                the international airport'' and inserting in lieu 
                thereof ``closest to the location''; and
            (2) in paragraph (4), by striking ``to the international 
        airport'' and all that follows through the period and inserting 
        in lieu thereof ``to the location from which the member or 
        dependent departed or the member's duty station.''.

SEC. 622. CLARIFICATION OF TRAVEL AND TRANSPORTATION ALLOWANCE OF 
              FAMILY MEMBERS INCIDENT TO THE SERIOUS ILLNESS OR INJURY 
              OF MEMBERS.

    (a) Allowance in Cases of Brain Death.--Subsection (a) of section 
411h of title 37, United States Code, is amended--
            (1) in paragraph (1), by striking out ``is necessary for'' 
        and inserting in lieu thereof ``may contribute to''; and
            (2) in paragraph (2), by striking out subparagraph (B) and 
        inserting in lieu thereof the following new subparagraph:
            ``(B) is seriously ill, seriously injured, or in a 
        situation of imminent death, whether or not electrical brain 
        activity still exists or brain death is declared; and''.
    (b) Definition of Health and Welfare.--Subsection (b) of such 
section is amended by adding at the end the following new paragraph:
    ``(3) In this section, the term `health and welfare', with respect 
to a member, includes a situation in which a decision must be made by 
family members regarding the termination of artificial life support 
being provided to the member.''.

             Subtitle D--Retired Pay and Survivor Benefits

SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES FOR MILITARY 
              AND CIVILIAN RETIREE COST-OF-LIVING ADJUSTMENTS FOR 
              FISCAL YEAR 1995.

    (a) In General.--The fiscal year 1995 increase in military retired 
pay shall (notwithstanding subparagraph (B) of section 1401a(b)(2) of 
title 10, United States Code) first be payable as part of such retired 
pay for the month of March 1995.
    (b) Definitions.--For the purposes of subsection (a):
            (1) The term ``fiscal year 1995 increase in military 
        retired pay'' means the increase in retired pay that, pursuant 
        to paragraph (1) of section 1401a(b) of title 10, United States 
        Code, becomes effective on December 1, 1994.
            (2) The term ``retired pay'' includes retainer pay.
    (c) Limitation.--Subsection (a) shall be effective only if there is 
appropriated to the Department of Defense Military Retirement Fund (in 
an Act making appropriations for the Department of Defense for fiscal 
year 1995 that is enacted before March 1, 1995) such amount as is 
necessary to offset increased outlays to be made from that fund during 
fiscal year 1995 by reason of the provisions of subsection (a).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 1995 to the Department of Defense Military 
Retirement Fund the sum of $376,000,000 to offset increased outlays to 
be made from that fund during fiscal year 1995 by reason of the 
provisions of subsection (a).

SEC. 632. CLARIFICATION OF CALCULATION OF RETIRED PAY FOR OFFICERS WHO 
              RETIRE IN A GRADE LOWER THAN THE GRADE HELD AT 
              RETIREMENT.

    (a) Prevention of Retired Pay Based on Grade Higher Than Retired 
Grade.--Section 1401a(f) of title 10, United States Code, is amended--
            (1) in the first sentence, by inserting ``based on the 
        grade in which the member is retired'' after ``at an earlier 
        date'';
            (2) in the second sentence, by inserting ``, except that 
        such computation may not be based on a rate of basic pay for a 
        grade higher than the grade in which the member is retired'' 
        before the period at the end; and
            (3) by striking out the third sentence.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to the computation of the retired pay of a member of 
the armed forces who retires on or after the date of the enactment of 
this Act.

SEC. 633. CREDITING OF RESERVE SERVICE OF ENLISTED MEMBERS FOR 
              COMPUTATION OF RETIRED PAY.

    (a) Army.--(1) Section 3925 of title 10, United States Code, is 
amended--
            (A) in subsection (a), by striking out ``and of computing 
        his retired pay under section 3991 of this title,''; and
            (B) by striking out subsection (c).
    (2) The table in section 3991(a)(1) of such title is amended by 
striking out ``section 3925'' in formula B under the column designated 
``Column 2'' and inserting in lieu thereof ``section 1405''.
    (3) The table in section 3992 of such title is amended by striking 
out ``section 3925'' in formula A under the column designated ``Column 
2'' and inserting in lieu thereof ``section 1405''.
    (b) Navy and Marine Corps.--The table in section 6333(a) of title 
10, United States Code, is amended by striking out ``his years of 
active service in the armed forces'' in formula C under the column 
designated ``Column 2'' and inserting in lieu thereof ``the years of 
service that may be credited to him under section 1405.''.
    (c) Air Force.--(1) Section 8925 of title 10, United States Code, 
is amended--
            (A) in subsection (a), by striking out ``and of computing 
        his retired pay under section 8991 of this title,''; and
            (B) by striking out subsection (c).
    (2) The table in section 8991(a)(1) of such title is amended by 
striking out ``section 8925'' in formula B under the column designated 
``Column 2'' and inserting in lieu thereof ``section 1405''.
    (3) The table in section 8992 of such title is amended by striking 
out ``section 8925'' in formula A under the column designated ``Column 
2'' and inserting in lieu thereof ``section 1405''.
    (d) Conforming Amendment.--Section 1405 of such title is amended by 
adding at the end the following new subsection:
    ``(c) Exclusion of Time Required To Be Made Up.--Time required to 
be made up by an enlisted member of the Army or Air Force under section 
972 of this title may not be counted in determining years of service 
under subsection (a).''.
    (e) Effective Date.--This section shall apply to the computation of 
the retired or retainer pay of any enlisted member who retires or is 
transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on 
or after the date of the enactment of this Act.

SEC. 634. MINIMUM REQUIRED RESERVE SERVICE FOR ELIGIBILITY FOR RETIRED 
              PAY FOR NONREGULAR SERVICE DURING FORCE DRAWDOWN PERIOD.

    Section 1331 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) In the case of a person who completes the service 
requirements of subsection (a)(2) during the period beginning on the 
date of the enactment of this subsection and ending on September 30, 
1999, the entitlement of that person, upon application, to retired pay 
under this section shall be determined, in the case of the requirement 
specified in subsection (a)(3), by substituting `the last six years' 
for `the last eight years'.''.

SEC. 635. SBP PREMIUMS FOR RESERVE-COMPONENT CHILD-ONLY COVERAGE.

    (a) Determination of Premiums.--Subsection (b) of section 1452 of 
title 10, United States Code, is amended to read as follows:
    ``(b) Child-Only Annuities.--
            ``(1) Required reduction in retired pay.--The retired pay 
        of a participant in the Plan who is providing child-only 
        coverage (as described in paragraph (4)) shall be reduced by an 
        amount prescribed under regulations by the Secretary of 
        Defense.
            ``(2) No reduction when no child.--There shall be no 
        reduction in retired pay under paragraph (1) for any month 
        during which the participant has no eligible dependent child.
            ``(3) Special rule for certain rcsbp participants.--In the 
        case of a participant in the Plan who is participating in the 
        Plan under an election under section 1448(a)(2)(B) of this 
        title and who provided child-only coverage during a period 
        before the participant becomes entitled to receive retired pay, 
        the retired pay of the participant shall be reduced by an 
        amount prescribed under regulations by the Secretary of Defense 
        to reflect the coverage provided under the Plan during the 
        period before the participant became entitled to receive 
        retired pay. A reduction under this paragraph is in addition to 
        any reduction under paragraph (1) and is made without regard to 
        whether there is an eligible dependent child during a month for 
        which the reduction is made.
            ``(4) Child-only coverage defined.--For the purposes of 
        this subsection, a participant in the Plan who is providing 
        child-only coverage is a participant who has a dependent child 
        and who--
                    ``(A) does not have an eligible spouse or former 
                spouse; or
                    ``(B) has a spouse or former spouse but has elected 
                to provide an annuity for dependent children only.''.
    (b) Effective Date.--(1) Except as provided in paragraph (2), the 
amendment made by subsection (a) applies to any election for child-only 
coverage under a reserve-component annuity under the Survivor Benefit 
Plan, whether made before, on, or after the date of the enactment of 
this Act.
    (2) Paragraph (1) does not apply in a case of an election referred 
to in that paragraph that was made before the date of the enactment of 
this Act if the participant was informed, in writing, before the date 
of the enactment of this Act that no reduction in the participant's 
retired pay for child-only coverage would be made during a period when 
there was no eligible dependent child.

SEC. 636. DISCONTINUATION OF INSURABLE INTEREST COVERAGE UNDER SURVIVOR 
              BENEFIT PLAN.

    Paragraph (1) of section 1448(b) of title 10, United States Code, 
is amended--
            (1) by inserting ``(A)'' after ``(1)''; and
            (2) by adding at the end the following:
    ``(B) An election under subparagraph (A) for a beneficiary who is 
not the former spouse of the person providing the annuity may be 
terminated. Any such termination shall be made by a participant by the 
submission to the Secretary concerned of a request to discontinue 
participation in the Plan, and such participation in the Plan shall be 
discontinued effective on the first day of the first month following 
the month in which the request is received by the Secretary concerned. 
Effective on such date, the Secretary concerned shall discontinue the 
reduction being made in such person's retired pay on account of 
participation in the Plan or, in the case of a person who has been 
required to make deposits in the Treasury on account of participation 
in the Plan, such person may discontinue making such deposits effective 
on such date.
    ``(C) A request under subparagraph (B) to discontinue participation 
in the Plan shall be in such form and shall contain such information as 
may be required under regulations prescribed by the Secretary of 
Defense.
    ``(D) The Secretary concerned shall furnish promptly to each person 
who submits a request under subparagraph (B) to discontinue 
participation in the Plan a written statement of the advantages and 
disadvantages of participating in the Plan and the possible 
disadvantages of discontinuing participation. A person may withdraw the 
request to discontinue participation if withdrawn within 30 days after 
having been submitted to the Secretary concerned.
    ``(E) Once participation is discontinued, benefits may not be paid 
in conjunction with the earlier participation in the Plan and premiums 
paid may not be refunded. Participation in the Plan may not later be 
resumed except through a qualified election under paragraph (5) of 
subsection (a).''.

                       Subtitle E--Other Matters

SEC. 641. AUTHORITY FOR SURVIVORS TO RECEIVE PAYMENT FOR ALL LEAVE 
              ACCRUED BY DECEASED MEMBERS.

    (a) Removal of 60-Day Limitation.--Subsection (d) of section 501 of 
title 37, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``(1)'' after ``(d)''; and
                    (B) by striking out the last sentence and inserting 
                in lieu thereof the following: ``The limitations 
                contained in the second sentence of subsection (b)(3), 
                subsection (f), and the second sentence of subsection 
                (g) on the number of days of leave for which payment 
                may be made shall not apply with respect to payments 
                made under this subsection.''; and
            (2) by striking out paragraph (2).
    (b) Conforming Amendment.--Subsection (f) of such section is 
amended by striking out ``, (d),'' in the first sentence.

                   TITLE VII--HEALTH CARE PROVISIONS

                    Subtitle A--Health Care Services

SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO INCLUDE YOUNG PEOPLE 
              BEING ADOPTED BY MEMBERS OR FORMER MEMBERS.

    (a) Eligibility for Health Benefits.--Section 1072 of title 10, 
United States Code, is amended--
            (1) in paragraph (2)(D), by striking out ``, including an 
        adopted child or stepchild,''; and
            (2) by adding at the end the following new paragraph:
            ``(6) The term `child' includes an adopted child, a 
        stepchild, or an unmarried person placed in the home of a 
        member or former member of a uniformed service by a State 
        licensed placement agency (recognized by the Secretary of 
        Defense) in anticipation of the legal adoption of the person by 
        the member or former member, who otherwise meets the 
        requirements specified in paragraph (2)(D).''.
    (b) Conforming Amendment.--Section 401(b)(1)(B) of title 37, United 
States Code, is amended by striking out ``placement agency for the 
purpose of adoption'' and inserting in lieu thereof ``State licensed 
placement agency (recognized by the Secretary of Defense) in 
anticipation of the legal adoption of the child by the member''.

SEC. 702. TREATMENT OF CERTAIN DEPENDENTS AS CHILDREN FOR PURPOSES OF 
              CHAMPUS, DEPENDENTS' DENTAL PROGRAM, AND CONTINUED HEALTH 
              BENEFITS COVERAGE.

    (a) CHAMPUS.--Section 1079(a) of title 10, United States Code, is 
amended in the first sentence by striking out ``and children'' and 
inserting in lieu thereof ``, children, and dependents described in 
section 1072(2)(I) of this title''.
    (b) Dependents' Dental Program.--Section 1076a of such title is 
amended--
            (1) in subsection (a)(1), by striking out ``spouses and 
        children (as described in section 1072(2)(D) of this title)'' 
        and inserting in lieu thereof ``eligible dependents'';
            (2) in subsection (e), by striking out ``spouse or child'' 
        and inserting in lieu thereof ``eligible dependent'';
            (3) in subsection (f), by striking out ``spouse or 
        children'' both places it appears and inserting in lieu thereof 
        ``eligible dependents''; and
            (4) by adding at the end the following new subsection:
    ``(h) Eligible Dependent Defined.--In this section, the term 
`eligible dependent' means a spouse, child, or dependent described in 
section 1072(2)(I) of this title of a member of the uniformed services 
who is on active duty for a period of more than 30 days.''.
    (c) Continued Health Benefits Coverage.--Section 1078a of such 
title is amended--
            (1) in subsection (b)(2)(A), by inserting before the 
        semicolon the following: ``or ceases to meet the requirements 
        for being considered an unmarried dependent under section 
        1072(2)(I) of this title'';
            (2) in subsection (c)(3)--
                    (A) by striking out ``child'' both places it 
                appears and inserting in lieu thereof ``dependent''; 
                and
                    (B) by striking out ``child's'' each place it 
                appears and inserting in lieu thereof ``dependent's'';
            (3) in subsection (d)(2)(A)--
                    (A) by striking out ``child'' the first, second, 
                and fourth places it appears and inserting in lieu 
                thereof ``dependent''; and
                    (B) by striking out ``an unmarried dependent child 
                under section 1072(2)(D) of this title,'' and inserting 
                in lieu thereof ``a dependent under subparagraph (D) or 
                (I) of section 1072(2) of this title;'';
            (4) in subsection (d)(2)(B)--
                    (A) by striking out ``child'' and inserting in lieu 
                thereof ``dependent''; and
                    (B) by striking out ``child's'' and inserting in 
                lieu thereof ``dependent's'';
            (5) in subsection (g)(1)(B), by striking out ``an unmarried 
        dependent child under section 1072(2)(D) of this title'' and 
        inserting in lieu thereof ``a dependent under subparagraph (D) 
        or (I) of section 1072(2) of this title''; and
            (6) in subsection (g)(2), by striking out ``child'' both 
        places it appears and inserting in lieu thereof ``dependent''.

SEC. 703. AUTHORIZATION FOR MEDICAL AND DENTAL CARE OF ABUSED 
              DEPENDENTS OF CERTAIN MEMBERS.

    (a) Additional Basis for Care.--Subsection (e) of section 1076 of 
title 10, United States Code, is amended--
            (1) by striking out paragraph (1) and inserting in lieu 
        thereof the following new paragraph:
    ``(1) Subject to paragraph (3), if an abused dependent of a member 
of a uniformed service described in paragraph (4) needs medical or 
dental care for an injury or illness resulting from the abuse, the 
administering Secretary may, upon request of the abused dependent, 
furnish medical or dental care to the dependent for the treatment of 
such injury or illness in facilities of the uniformed services.''; and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) A member of a uniformed service referred to in paragraph 
(1) is a member who--
            ``(i) receives a dishonorable or bad-conduct discharge or 
        is dismissed from a uniformed service as a result of a court-
        martial conviction for a criminal offense, under either 
        military or civil law, involving abuse of a dependent of the 
        member; or
            ``(ii) is administratively discharged from a uniformed 
        service as a result of such an offense.
    ``(B) Whether an offense involved abuse of a dependent of the 
member shall be determined in accordance with regulations prescribed by 
the administering Secretary for such uniformed service.''.
    (b) Conforming Amendments.--Such subsection is further amended--
            (1) in paragraph (2), by striking out ``paragraph (1)(A)'' 
        and inserting in lieu thereof ``paragraph (4)''; and
            (2) in paragraph (3)(C), by striking out ``paragraph 
        (1)(A)'' and inserting in lieu thereof ``paragraph (4)''.

SEC. 704. ADDITIONAL AUTHORIZED HEALTH CARE SERVICE AVAILABLE THROUGH 
              MILITARY HEALTH CARE SYSTEM.

    Section 1077(b)(2)(B) of title 10, United States Code, is amended 
by inserting after ``artificial limbs'' the following: ``, voice 
prostheses,''.

 Subtitle B--Changes to Existing Laws Regarding Health Care Management

SEC. 711. EXPANDED USE OF PARTNERSHIP AND RESOURCE SHARING PROGRAMS FOR 
              IMPROVED COST-EFFECTIVENESS.

    Section 1096 of title 10, United States Code, is amended by 
inserting at the end the following new subsections:
    ``(d) Payments by Non-Federal Parties.--An agreement entered into 
under subsection (a) may require a civilian health care provider that 
is a party to the agreement to make payments to a facility of the 
uniformed services in connection with resources specified in subsection 
(b) that are provided by the facility under the agreement. Amounts 
received by the facility under this subsection shall be credited to the 
appropriation supporting the maintenance and operation of the facility 
and shall not be taken into consideration in establishing the operating 
budget of the facility.
    ``(e) Reimbursement for License Fees.--In the case of an agreement 
entered into under subsection (a) under which personnel of the 
uniformed services who are assigned to a facility of the uniformed 
services will provide health care services at a facility of a civilian 
health care provider, the Secretary of Defense may reimburse the 
personnel for any professional license fee that is required by the 
governmental jurisdiction in which the civilian health care facility is 
located and is paid by the personnel if the Secretary determines that 
such reimbursement is necessary to effectively implement the agreement. 
The amount of such reimbursement may not exceed $500 per person.''.

SEC. 712. IMPOSITION OF ENROLLMENT FEES FOR MANAGED CARE PLANS.

    Section 1097(c) of title 10, United States Code, is amended by 
adding at the end the following new sentence: ``In the case of 
contracts for health care services under this section or health care 
plans offered under section 1099 of this title for which the Secretary 
permits covered beneficiaries who are covered by section 1086 of this 
title and who participate in such contracts or plans to pay an 
enrollment fee in lieu of meeting the deductible amount specified in 
section 1086(b) of this title, the Secretary may establish the same (or 
a lower) enrollment fee for covered beneficiaries described in section 
1086(d)(1) of this title who also participate in such contracts or 
plans.''.

SEC. 713. STRENGTHENING MANAGED HEALTH CARE AUTHORITIES.

    (a) Amendments to Alternative Health Care Delivery Contracts 
Authority.--Section 1097 of title 10, United States Code, is amended--
            (1) by redesignating subsection (c) (as amended by section 
        712) as subsection (e); and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Coordination With Facilities of the Uniformed Services.--The 
Secretary of Defense may provide for the coordination of health care 
services provided pursuant to any contract or agreement under this 
section with those services provided in medical treatment facilities of 
the uniformed services. Subject to the availability of space and 
facilities and the capabilities of the medical or dental staff, the 
Secretary may not deny access to facilities of the uniformed services 
to covered beneficiaries based on enrollment or declination of 
enrollment in any program established under, or operating in connection 
with, any contract under this section. However, the Secretary may, as 
an incentive for enrollment, establish reasonable preferences for 
services in facilities of the uniformed services for covered 
beneficiaries enrolled in any program established under, or operating 
in connection with, any contract under this section.
    ``(d) Coordination With Other Health Care Programs.--In the case of 
a covered beneficiary who has enrolled in a managed health care program 
not operated under the authority of this chapter, the Secretary may 
contract under this section with such other managed health care program 
for the purpose of coordinating the beneficiary's dual entitlements 
under such program and this chapter. A managed health care program with 
which arrangements may be made under this subsection includes any 
health maintenance organization, competitive medical plan, health care 
prepayment plan, or other managed care program recognized pursuant to 
regulations issued by the Secretary.''.
    (b) Amendments to Third Party Collections Program Authority.--
Section 1095 of title 10, United States Code, is amended--
            (1) in subsection (b), by striking out ``if that care'' and 
        all that follows through the period and inserting in lieu 
        thereof the following: ``shall operate to prevent collection by 
        the United States under subsection (a) if that care is 
        provided--
            ``(1) through a facility of the uniformed services;
            ``(2) directly or indirectly by a governmental entity;
            ``(3) to an individual who has no obligation to pay for 
        that care or for whom no other person has a legal obligation to 
        pay; or
            ``(4) by a provider with which the third party payer has no 
        participation agreement.'';
            (2) in subsection (d), by inserting ``and except as 
        provided in subsection (j),'' after ``(b),'';
            (3) in subsection (h)(1), by adding at the end the 
        following new sentence: ``Such term also includes entities 
        described in subsection (j) under the terms and to the extent 
        provided in such subsection.''; and
            (4) by adding at the end the following new subsection:
    ``(j) The Secretary of Defense may enter into an agreement with any 
health maintenance organization, competitive medical plan, health care 
prepayment plan, or other similar plan (pursuant to regulations issued 
by the Secretary) providing for collection under this section from such 
organization or plan for services provided to a covered beneficiary who 
is an enrollee in such organization or plan.''.

SEC. 714. DELAY IN DEADLINE FOR USE OF HEALTH MAINTENANCE ORGANIZATION 
              MODEL AS OPTION FOR MILITARY HEALTH CARE.

    Section 731 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1696; 10 U.S.C. 1073 note) is 
amended--
            (1) in subsection (a), by striking out ``after the date of 
        the enactment of this Act'' and inserting in lieu thereof 
        ``after December 31, 1994'';
            (2) in subsection (e), by striking out ``February 1, 1994'' 
        and inserting in lieu thereof ``December 31, 1994''; and
            (3) by adding at the end the following new subsection (f):
    ``(f) Modification of Existing Contracts.--In the case of managed 
health care contracts in effect or in final stages of acquisition as of 
December 31, 1994, the Secretary may modify such contracts to 
incorporate the health benefit option required under subsection (a).''.

SEC. 715. LIMITATION ON REDUCTION IN NUMBER OF RESERVE COMPONENT 
              MEDICAL PERSONNEL.

    Section 518(a) of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2407) is amended--
            (1) by inserting before the period at the end the 
        following: ``, unless the Secretary certifies to Congress that 
        the number of such personnel to be reduced in a particular 
        military department is excess to the current and projected 
        needs for personnel in the Selected Reserve of that military 
        department''; and
            (2) by adding at the end the following new sentence: ``The 
        assessment of current and projected personnel needs under this 
        subsection shall be consistent with the wartime requirements 
        for Selected Reserve personnel identified in the final report 
        on the comprehensive study of the military medical care system 
        prepared pursuant to section 733 of the National Defense 
        Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
        102-190; 10 U.S.C. 1071 note).''.

                       Subtitle C--Other Matters

SEC. 721. DELAY IN CLOSURE OF ARMY HOSPITAL AT VICENZA, ITALY.

    (a) Closure Delay.--During fiscal year 1995, the Secretary of the 
Army may not reduce the level of medical care services provided by the 
United States Army Hospital at Vicenza, Italy.
    (b) Report on Hospital.--Not later than March 1, 1995, the 
Secretary of Defense shall submit to Congress a report regarding the 
operation of the Army Hospital at Vicenza, Italy. The report shall 
contain the following:
            (1) A description of the number and demographic 
        characteristics of members of the Armed Forces on active duty 
        and covered beneficiaries under chapter 55 of title 10, United 
        States Code, who typically receive medical care services at the 
        hospital, including those members and covered beneficiaries 
        stationed or residing at (or in the immediate vicinity of) 
        Aviano Air Force Base and Camp Darby.
            (2) An analysis of the projected costs or savings, 
        including the cost of CHAMPUS benefits, resulting from the 
        programmed closure of the hospital.
            (3) A description of the differences in practice patterns 
        between American and Italian doctors, such as differences in 
        the normal lengths of stay for the most frequent inpatient 
        admissions (including childbirth) and the availability of 
        alternative methods of providing anesthesia during childbirth.
            (4) An analysis of the feasibility of establishing a 
        birthing center for the area and patients currently served by 
        the hospital, to be staffed primarily by American nurse-
        midwives.
            (5) A detailed plan for ensuring the availability of 
        quality medical care, consistent with American medical practice 
        patterns, for covered beneficiaries residing in Northern Italy.

SEC. 722. DEMONSTRATION PROGRAM FOR ADMISSION OF CIVILIANS AS PHYSICIAN 
              ASSISTANT STUDENTS AT ACADEMY OF HEALTH SCIENCES, FORT 
              SAM HOUSTON, TEXAS.

    (a) Civilian Attendance.--The Secretary of the Army may enter into 
a reciprocal agreement with an accredited institution of higher 
education under which students of the institution may attend the 
didactic portion of the physician assistant training program conducted 
by the Army Medical Department at the Academy of Health Sciences at 
Fort Sam Houston, Texas, in exchange for the provision of such academic 
services by the institution as the Secretary and the institution 
consider to be appropriate to support the physician assistant training 
program. The Secretary shall ensure that the Army Medical Department 
does not incur any additional costs as a result of the agreement than 
the Department would incur to obtain academic services for the 
physician assistant training program in the absence of the agreement.
    (b) Selection of Students.--(1) Subject to paragraph (2), not more 
than 20 civilian students per year may receive instruction at the 
Academy pursuant to the agreement under subsection (a). In consultation 
with the institution of higher education that is a party to the 
agreement, the Secretary shall establish qualifications and methods of 
selection for civilian students to receive instruction at the Academy. 
The qualifications established shall be comparable to those generally 
required for admission to the physician assistant training program at 
the Academy.
    (2) The Secretary shall ensure that members of the Armed Forces are 
not denied enrollment in the physician assistant training program in 
order to permit the attendance of civilian students. The maximum annual 
enrollment for the program may not be increased solely for the purpose 
of permitting civilian students to attend the program.
    (c) Rules of Attendance.--Except as the Secretary determines 
necessary, a civilian student who receives instruction at the Academy 
pursuant to the agreement under subsection (a) shall be subject to the 
same regulations governing attendance, discipline, discharge, and 
dismissal as apply to military students attending the Academy.
    (d) Term and Termination of Agreement.--The term of the agreement 
entered into under subsection (a) may not extend beyond September 30, 
1997. Either party to the agreement may terminate the agreement at any 
time before that date.
    (e) Report.--For each year in which the agreement under subsection 
(a) is in effect, the Secretary shall submit to Congress a report 
specifying the number of civilian students who received instruction at 
the Academy under the agreement during the period covered by the report 
and accessing the benefits to the United States of the agreement.
    (f) Academy Defined.--For purposes of this section, the term 
``Academy'' means the Academy of Health Sciences of the Army Medical 
Department at Fort Sam Houston, Texas.

SEC. 723. REPORT ON EXPANDED USE OF NONAVAILABILITY OF HEALTH CARE 
              STATEMENTS.

    (a) Report Required.--Not later than December 31, 1994, the 
Secretary of Defense shall submit to Congress a report describing the 
plans (if any) of the Department of Defense to use the authority 
provided in sections 1080(b) and 1086(e) of title 10, United States 
Code, regarding making a determination whether to issue a 
nonavailability of health care statement. The report shall include an 
analysis of the impact of such plans on--
            (1) the freedom of choice of covered beneficiaries in 
        selecting their health care providers;
            (2) the access of covered beneficiaries to health care 
        services;
            (3) the quality and continuity of health care services;
            (4) the clarity and understandability of the applicable 
        requirements regarding issuance nonavailability of health care 
        statements; and
            (5) the health care costs incurred by the United States and 
        covered beneficiaries.
    (b) Use of Authority.--During the period beginning on the date of 
the enactment of this Act and ending 90 days after the date the 
Secretary submits the report required by subsection (a), the Secretary 
may not--
            (1) expand the number or size of the geographical areas in 
        which the Secretary is currently using the authority provided 
        by sections 1080(b) and 1086(e) of title 10, United States 
        Code; or
            (2) implement or use such authority in a manner 
        inconsistent with the manner in which such authority was 
        implemented or used as of February 1, 1994.

SEC. 724. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES FOR 
              COVERED BENEFICIARIES IN CERTAIN AREAS AFFECTED BY BASE 
              CLOSURES.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should take all appropriate steps, including a 
limited continuation of services for managed health care currently 
provided to covered beneficiaries described in subsection (b) who are 
eligible for such services, to ensure the continuity of health care 
services for such beneficiaries during the procurement, transition, and 
initial implementation phases of the TRICARE managed care support 
contract for Health Services Region Six of the Military Health Services 
System of Department of Defense.
    (b) Covered Beneficiaries Described.--The covered beneficiaries 
referred to in subsection (a) are covered beneficiaries under chapter 
55, United States Code, who reside in areas adversely affected by the 
closure of England Air Force Base, Louisiana, Bergstrom Air Force Base, 
Texas, or Carswell Air Force Base, Texas, and for whom the Secretary of 
Defense established a contracted managed health care program, as 
required by section 9032 of the Department of Defense Appropriations 
Act, 1993 (P.L. 102-396; 106 Stat. 1907).

SEC. 725. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF DEFENSE.

    (a) Number of Doses Maintained in Inventory.--The Secretary of 
Defense shall direct that the number of doses of oral typhoid vaccine 
maintained in inventory by the Department of Defense during a fiscal 
year is not less than the number of doses of parenteral injection 
typhoid vaccine maintained in inventory by the Department during that 
fiscal year.
    (b) Waiver.--The Secretary of Defense may waive the applicability 
of subsection (a) for a fiscal year if the Secretary determines that 
the waiver is necessary for reasons of national security and notifies 
Congress of the reasons for the waiver.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

              Subtitle A--Acquisition Assistance Programs

SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

    Of the amount authorized to be appropriated in section 301(5), 
$12,000,000 shall be available for carrying out the provisions of 
chapter 142 of title 10, United States Code.

                  Subtitle B--Acquisition Improvement

                      PART I--GENERAL IMPROVEMENTS

SEC. 811. CONGRESSIONAL DEFENSE PROCUREMENT POLICY.

    Section 2301 of title 10, United States Code, is amended to read as 
follows:
``Sec. 2301. Congressional defense procurement policy
    ``(a) The Congress finds that in order to ensure national defense 
preparedness; conserve fiscal resources; enhance science and 
technology, research and development, and production capability; 
provide for continued development and preservation of an efficient and 
responsive defense industrial base; and ensure the financial and 
ethical integrity of defense procurement programs, it is in the 
interest of the United States that property and services be acquired 
for the Department of Defense in the most timely, economic, and 
efficient manner consistent with achieving an optimum balance among 
efficient processes, full and open access to the procurement system, 
and sound implementation of socioeconomic policies. It is therefore the 
policy of Congress that--
            ``(1) full and open competitive procedures shall be used by 
        the Department of Defense in accordance with the requirements 
        of this chapter;
            ``(2) to the maximum extent practicable, 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;
            ``(3) when commercial items and components are not 
        available, practicable, or cost effective, the Department of 
        Defense shall acquire, and shall require prime contractors and 
        subcontractors to incorporate, nondevelopmental items and 
        components to the maximum extent practicable;
            ``(4) property and services for the Department of Defense 
        may be acquired by any kind of contract, other than cost-plus-
        a-percentage-of-cost contracts, but including multiyear 
        contracts, that will promote the interest of the United States 
        and will provide for appropriate allocation of risk between the 
        Government and the contractor with due regard to the nature of 
        the property or services to be acquired;
            ``(5) contracts, when appropriate, shall provide incentives 
        to contractors to improve productivity through investment in 
        capital facilities, equipment, flexible manufacturing 
        processes, and advanced and dual-use technology;
            ``(6) contracts for advance procurement of components, 
        parts, and materials necessary for manufacture or for logistics 
        support of a weapon system should, if practicable, be entered 
        into in a manner to achieve economic-lot purchases and more 
        efficient production rates;
            ``(7) procurement protests and disputes shall be fairly and 
        expeditiously resolved through uniform interpretation of 
        relevant laws and regulations;
            ``(8) the head of an agency shall use advance procurement 
        planning and market research and develop contract requirements 
        in such a manner as is necessary to obtain full and open 
        competition with due regard to the nature of the property or 
        services to be acquired; but may restrict competitions to 
        suppliers of commercial items to foster accomplishment of the 
        above objective; and
            ``(9) the head of an agency shall develop and maintain an 
        acquisition career management program to ensure a professional 
        acquisition work force in accordance with the requirements of 
        chapter 87 of this title.
    ``(b) Further, it is the policy of Congress that procurement 
policies and procedures for the agencies named in section 2303 of this 
title shall, in accordance with the requirements of this title--
            ``(1) be issued in accordance with and conform to the 
        requirements of sections 22 and 25 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 418b and 421);
            ``(2) promote and implement the Congressional policies in 
        subsection (a) of this section and section 2 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 401);
            ``(3) be implemented to support the requirements of such 
        agencies in time of war or national emergency as well as in 
        peacetime;
            ``(4) promote responsiveness of the procurement system to 
        agency needs by--
                    ``(A) simplifying and streamlining procurement 
                processes; and
                    ``(B) providing incentives to encourage contractors 
                to take actions and make recommendations that would 
                reduce the costs of property or services to be 
                acquired;
            ``(5) facilitate the acquisition of commercial items and 
        commercial components at or based on commercial market prices, 
        without requiring contractors to change their business 
        practices; and
            ``(6) promote the acquisition and use of commercial items, 
        commercial components, and nondevelopmental items by requiring 
        descriptions of agency requirements, whenever practicable, in 
        terms of functions to be performed or performance required.
    ``(c) Further, it is the policy of Congress that 20 percent of the 
purchases and contracts entered into under this chapter should be 
placed with small business concerns and that 5 percent of the purchases 
and contracts entered into under this chapter should be placed with 
concerns that are small disadvantaged businesses.
    ``(d) It is also the policy of Congress that qualified nonprofit 
agencies for the blind or severely handicapped (as defined in section 
2410d(b) of this title) shall be afforded the maximum practicable 
opportunity to provide approved commodities and services (as defined in 
such section) as subcontractors and suppliers under contracts awarded 
by the Department of Defense.''.

SEC. 812. REPEAL OF REQUIREMENT RELATING TO PRODUCTION SPECIAL TOOLING 
              AND PRODUCTION SPECIAL TEST EQUIPMENT.

    (a) Repeal.--Section 2329 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 137 of such title is amended by striking out the item related 
to section 2329.

SEC. 813. REPEAL OF VOUCHERING PROCEDURES SECTION.

    (a) Repeal.--Section 2355 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 139 of such title is amended by striking out the item relating 
to section 2355.

SEC. 814. CLARIFICATION OF PROVISION RELATING TO QUALITY CONTROL OF 
              CERTAIN SPARE PARTS.

    The second sentence of subsection (a) of section 2383 of title 10, 
United States Code, is amended to read as follows: ``In establishing 
the appropriate qualification requirements, the Secretary of Defense 
shall use the Department of Defense qualification requirements that 
were used to qualify the original production part, unless the Secretary 
determines in writing--
            ``(A) that there are other requirements sufficiently 
        similar to those requirements that should be used instead; or
            ``(B) that any or all such requirements are unnecessary.''.

SEC. 815. CONTRACTOR GUARANTEES REGARDING WEAPON SYSTEMS.

    (a) Repeal of Requirement for Report on Waivers.--Subsection (e) of 
section 2403 of title 10, United States Code, is amended--
            (1) by striking out ``(1)''; and
            (2) by striking out paragraph (2).
    (b) Provisions To Be Addressed by Regulations.--Subsection (h) of 
such section is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) The regulations shall include the following:
            ``(A) Guidelines for negotiating contractor guarantees that 
        are reasonable and cost effective, as determined on the basis 
        of the likelihood of defects and the estimated cost of 
        correcting such defects.
            ``(B) Procedures for administering contractor guarantees.
            ``(C) Guidelines for determining the cases in which it may 
        be appropriate to waive the requirements of this section.''.

                    PART II--MAJOR SYSTEMS STATUTES

SEC. 821. WEAPON DEVELOPMENT AND PROCUREMENT SCHEDULES.

    (a) Deadline and Purpose.--Subsection (a) of section 2431 of title 
10, United States Code, is amended--
            (1) in the first sentence--
                    (A) by striking out ``at the same time'' and 
                inserting in lieu thereof ``not later than 45 days 
                after''; and
                    (B) by striking out ``a written report'' and 
                inserting in lieu thereof ``budget justification 
                documents''; and
            (2) in the second and third sentences, by striking out 
        ``report'' and inserting in lieu thereof ``documents''.
    (b) Additional Matters To Be Included.--Subsection (b) of such 
section is amended--
            (1) by striking out ``include--'' and inserting in lieu 
        thereof ``include each of the following:'';
            (2) by capitalizing the first word in each of paragraphs 
        (1), (2), and (3);
            (3) by striking out the semicolon at the end of paragraphs 
        (1) and (2) and inserting in lieu thereof a period;
            (4) by striking out ``; and'' at the end of paragraph (3) 
        and inserting in lieu thereof a period; and
            (5) by amending paragraph (4) to read as follows:
            ``(4)(A) The most efficient production rate, the most 
        efficient acquisition rate, and the minimum sustaining rate, 
        consistent with the program priority established for such 
        weapon system by the Secretary concerned.
            ``(B) In this paragraph:
                    ``(i) The term `most efficient production rate' 
                means the maximum rate for each budget year at which 
                the weapon system can be produced with existing or 
                planned plant capacity and tooling, with one shift a 
                day running for eight hours a day and five days a week.
                    ``(ii) The term `minimum sustaining rate' means the 
                production rate for each budget year that is necessary 
                to keep production lines open while maintaining a base 
                of responsive vendors and suppliers.''.

SEC. 822. SELECTED ACQUISITION REPORT REQUIREMENT.

    (a) Definition of Procurement Unit Cost.--
            (1) Definition.--Paragraph (2) of section 2432(a) of title 
        10, United States Code, is amended--
                    (A) in clause (A), by striking out ``for a fiscal 
                year'' and all that follows through ``such program in 
                such fiscal year'';
                    (B) in clause (B), by striking out ``with such 
                funds during such fiscal year.'' and inserting in lieu 
                thereof a period; and
                    (C) by striking out the last sentence.
            (2) Conforming amendments.--Section 2433 of such title is 
        amended--
                    (A) in subparagraph (B) of subsection (c)(1), by 
                striking out ``current'' before ``procurement unit 
                cost'';
                    (B) in subsection (d), by striking out ``current'' 
                before ``procurement unit cost'' each place it appears; 
                and
                    (C) in subsection (e), by striking out ``current'' 
                before ``procurement unit cost'' both places it 
                appears.
    (b) Exclusion of Firm, Fixed-Price Contracts.--Subsection (a) of 
section 2432 of such title is amended in paragraph (3) by inserting 
before the period at the end the following: ``and that is not a firm, 
fixed price contract''.
    (c) Definition of Full Life-Cycle Cost.--Such subsection is further 
amended in paragraph (4) by striking out ``has the meaning'' and all 
that follows through the end of the paragraph and inserting in lieu 
thereof the following: ``means all costs of development, procurement, 
military construction, and operations and support, without regard to 
funding source or management control.''.
    (d) Notice of Proposed Changes in SAR.--Subsection (c) of such 
section is amended in paragraph (2) by striking out the second sentence 
and inserting in lieu thereof the following: ``Whenever the Secretary 
of Defense proposes to make changes in the content of a Selected 
Acquisition Report, the Secretary shall submit a notice of the proposed 
changes to such committees. The changes shall be considered approved by 
the Secretary, and may be incorporated into the report, only after the 
end of the 60-day period beginning on the date on which the notice is 
received by those committees.''.
    (e) Elimination of Certain SAR Requirements.--Such subsection is 
further amended in paragraph (3) by striking out subparagraph (C).
    (f) Uniform Implementation of Life-Cycle Cost Analysis.--Such 
subsection is further amended--
            (1) by striking out paragraph (5); and
            (2) by adding at the end of subparagraph (A) of paragraph 
        (3) the following: ``The Secretary of Defense shall ensure that 
        this subparagraph is implemented in a uniform manner, to the 
        extent practicable, throughout the Department of Defense.''.
    (g) Deadline Revision.--Subsection (f) of such section is amended 
by striking out ``60 days'' in the first sentence and inserting in lieu 
thereof ``45 days''.
    (h) Elimination of Preliminary Report.--Such subsection is further 
amended by striking out the second sentence.
    (i) Terminology Corrections.--Such section is further amended as 
follows:
            (1) Subsection (b)(3)(A) is amended by striking out ``full-
        scale development or'' in clause (i).
            (2) Subsection (c)(3) is amended by striking out ``full-
        scale engineering'' in subparagraph (A) and inserting in lieu 
        thereof ``engineering and manufacturing''.
            (3) Subsection (h)(1) is amended by striking out ``full-
        scale engineering'' both places it appears and inserting in 
        lieu thereof ``engineering and manufacturing''.

SEC. 823. UNIT COST REPORT REQUIREMENT.

    (a) Revision of Baseline Report Definitions.--
            (1) Revision.--Section 2433(a) of title 10, United States 
        Code, is amended--
                    (A) in paragraph (2)--
                            (i) by striking out ``Baseline Selected 
                        Acquisition Report'' and inserting in lieu 
                        thereof ``Baseline Estimate''; and
                            (ii) by striking out ``Selected Acquisition 
                        Report in which'' and all that follows through 
                        the end of the paragraph and inserting in lieu 
                        thereof ``cost estimate included in the 
                        baseline description for the program under 
                        section 2435 of this title.''; and
                    (B) by striking out paragraph (4).
            (2) Conforming amendments.--Section 2433 of such title is 
        further amended--
                    (A) in subsection (c)(1), by striking out 
                ``Baseline Report'' in subparagraphs (A) and (B) and 
                inserting in lieu thereof ``Baseline Estimate''; and
                    (B) in subsection (d), by striking out ``Baseline 
                Report'' in paragraphs (1) and (2) and inserting in 
                lieu thereof ``Baseline Estimate''.
    (b) Contents of Unit Cost Report.--Section 2433(b) of such title is 
amended in paragraph (3) by striking out ``Baseline Report was 
submitted.'' and inserting in lieu thereof ``contract was entered 
into.''.
    (c) Elimination of Certain Unit Cost Report Requirement.--Section 
2433(c) of such title, as amended by subsection (a), is further 
amended--
            (1) by striking out paragraph (2);
            (2) by striking out ``(1)'' after ``(c)''; and
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively.
    (d) Constant Base Year Dollars.--Section 2433(f) of such title is 
amended by striking out ``include expected inflation'' and inserting in 
lieu thereof ``be stated in terms of constant base year dollars (as 
described in section 2430 of this title)''.
    (e) Contents of SAR.--Subparagraph (I) of section 2433(g)(1) of 
such title is amended to read as follows:
            ``(I) The type of the Baseline Estimate that was included 
        in the baseline description under section 2435 of this title 
        and the date of the Baseline Estimate.''.

SEC. 824. REQUIREMENT FOR INDEPENDENT COST ESTIMATES AND MANPOWER 
              ESTIMATES BEFORE DEVELOPMENT OR PRODUCTION.

    (a) Content and Submission of Estimates.--Section 2434 of title 10, 
United States Code, is amended by striking out subsection (b) and 
inserting in lieu thereof the following:
    ``(b) Regulations.--The Secretary of Defense shall prescribe 
regulations governing the content and submission of the estimates 
required by subsection (a). The regulations shall require--
            ``(1) that the independent estimate of the full life-cycle 
        cost of a program--
                    ``(A) be prepared by an office or other entity that 
                is not directly responsible for carrying out the 
                development or acquisition of the program; and
                    ``(B) include all costs of development, 
                procurement, military construction, and operations and 
                support, without regard to funding source or management 
                control; and
            ``(2) that the manpower estimate include the total 
        personnel required--
                    ``(A) to operate, maintain, and support the program 
                upon full operational deployment; and
                    ``(B) to train personnel to carry out the 
                activities referred to in subparagraph (A).''.
    (b) Terminology Correction and Other Amendment.--Subsection (a) of 
such section is amended--
            (1) by striking out ``full-scale engineering development'' 
        and inserting in lieu thereof ``engineering and manufacturing 
        development''; and
            (2) by striking out ``cost of the program, together with'' 
        and inserting in lieu thereof ``full life-cycle cost of the 
        program, and''.

SEC. 825. BASELINE DESCRIPTION.

    (a) In General.--Section 2435 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2435. Baseline description
    ``(a) Baseline Description Requirement.--(1) The Secretary of a 
military department shall establish a baseline description for each 
major defense acquisition program under the jurisdiction of such 
Secretary.
    ``(2) The baseline shall include sufficient parameters to describe 
the cost estimate (referred to as the `Baseline Estimate' in section 
2433 of this title), schedule, and performance of such major defense 
acquisition program.
    ``(3) No amount appropriated or otherwise made available to the 
Department of Defense for carrying out a major defense acquisition 
program may be obligated without an approved baseline description 
unless such obligation is specifically approved by the Under Secretary 
of Defense for Acquisition and Technology.
    ``(4) A baseline description for a major defense acquisition 
program shall be established--
            ``(A) before the program enters engineering and 
        manufacturing development; and
            ``(B) before the program enters production and deployment.
    ``(b) Regulations.--The Secretary of Defense shall prescribe 
regulations governing--
            ``(1) the content of baseline descriptions;
            ``(2) the submission of reports on deviations of a program 
        from the baseline description by the program manager to the 
        Secretary of the military department concerned and the Under 
        Secretary of Defense for Acquisition and Technology;
            ``(3) procedures for review of such deviation reports 
        within the Department of Defense; and
            ``(4) procedures for submission to, and approval by, the 
        Secretary of Defense of revised baseline descriptions.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 144 of such title is amended by amending the item relating to 
section 2435 to read as follows:

``2435. Baseline description.''.

SEC. 826. REPEAL OF REQUIREMENT FOR COMPETITIVE PROTOTYPING IN MAJOR 
              PROGRAMS.

    (a) Repeal.--Section 2438 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 144 of such title is amended by striking out the item relating 
to section 2438.

SEC. 827. REPEAL OF REQUIREMENT FOR COMPETITIVE ALTERNATIVE SOURCES IN 
              MAJOR PROGRAMS.

    (a) Repeal.--Section 2439 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 144 of such title is amended by striking out the item relating 
to section 2439.

                       PART III--TESTING STATUTES

SEC. 831. AUTHORIZATION OF LESS THAN FULL-UP TESTING.

    Section 2366(c) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) by designating the second sentence of paragraph (1) as 
        paragraph (3) and in that paragraph by striking out ``such 
        certification'' and inserting in lieu thereof ``certification 
        under paragraph (1) or (2)''; and
            (3) by inserting before paragraph (3) (as so designated) 
        the following new paragraph:
    ``(2) In the case of a covered system (or covered product 
improvement program for a covered system), the Secretary may waive the 
application of the survivability and lethality tests of this section to 
such system or program and instead allow testing of the system or 
program in combat by firing munitions likely to be encountered in 
combat at components, subsystems, and subassemblies, together with 
performing design analyses, modeling and simulation, and analysis of 
combat data, if the Secretary certifies to Congress that the 
survivability and lethality testing of such system or program otherwise 
required by this section would be unreasonably expensive and 
impracticable.''.

SEC. 832. LIMITATION ON QUANTITIES TO BE PROCURED FOR LOW-RATE INITIAL 
              PRODUCTION.

    Section 2400(a) of title 10, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking out ``paragraph (1)'' and inserting 
                in lieu thereof ``this section''; and
                    (B) by striking out ``full-scale engineering 
                development'' and inserting in lieu thereof 
                ``engineering and manufacturing development'';
            (2) by redesignating paragraph (4) as paragraph (5) and in 
        that paragraph by inserting after the first sentence the 
        following: ``If the quantity exceeds 10 percent of the total 
        number of articles to be produced, as determined at the 
        milestone II decision with respect to that system, the 
        Secretary shall include in the statement the reasons for such 
        quantity.''; and
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
    ``(4) The quantity of articles of a major system that may be 
procured for low-rate initial production may not be less than one 
operationally configured production unit unless another quantity is 
established at the milestone II decision.''.

SEC. 833. OPERATIONAL TEST AND EVALUATION OF DEFENSE ACQUISITION 
              PROGRAMS.

    (a) Authority To Use Different Procedures.--Section 2399(b) of 
title 10, United States Code, is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
    ``(5) The Secretary of Defense may, for a particular major defense 
acquisition program, prescribe and apply operational test and 
evaluation procedures other than those provided under subsection (a) 
and paragraphs (1) through (3) of this subsection if the Secretary 
transmits to Congress, before the Milestone II decision is made with 
respect to that program--
            ``(A) a certification that such testing would be 
        unreasonably expensive and impracticable; and
            ``(B) a description of the actions taken to ensure that the 
        system will be operationally effective and suitable when the 
        system meets initial operational capability requirements.''.
    (b) Cross Reference Corrections.--Section 2399 of such title is 
further amended--
            (1) in subsection (b)(6) (as redesignated by subsection 
        (a)(1)) and subsection (c)(1), by striking out ``section 
        138(a)(2)(B)'' and inserting in lieu thereof ``section 
        139(a)(2)(B)''; and
            (2) in subsection (h)(1), by striking out ``section 
        138(a)(2)(A)'' and inserting in lieu thereof ``section 
        139(a)(2)(A)''.

                    PART IV--CIVIL RESERVE AIR FLEET

SEC. 841. DEFINITION OF CONTRACTOR.

    Section 9511(8) of title 10, United States Code, is amended--
            (1) by striking out ``or'' at the end of clause (A); and
            (2) by inserting before the period at the end the 
        following: ``, or (C) who owns or controls, or will own or 
        control, new or existing aircraft and who, by contract, commits 
        some or all of such aircraft to the Civil Reserve Air Fleet''.

SEC. 842. CONSOLIDATION OF PROVISIONS RELATING TO CONTRACTUAL 
              COMMITMENT OF AIRCRAFT.

    Chapter 931 of title 10, United States Code, is amended--
            (1) in subsection (a) of section 9512, by inserting 
        ``Authority to Contract.--'' after ``(a)'';
            (2) in subsection (c) of section 9512, by striking out 
        ``(c)'' and inserting in lieu thereof ``(d) Authority To 
        Contract and Pay Directly.--'';
            (3) in subsection (b) of section 9512, by striking out 
        ``(b)'' and inserting in lieu thereof ``(c) Terms and Required 
        Repayment.--'';
            (4) by redesignating subsection (a) of section 9513 as 
        subsection (b) and transferring such subsection (as so 
        redesignated) to section 9512 and inserting such subsection 
        after subsection (a);
            (5) by redesignating subsection (b) of section 9513 as 
        subsection (e) and transferring such subsection (as so 
        redesignated) to the end of section 9512;
            (6) in subsection (b) of section 9512, as redesignated and 
        transferred to such section by paragraph (4)--
                    (A) by striking out ``under section 9512 of this 
                title'' and inserting in lieu thereof ``entered into 
                under this section'', and
                    (B) by inserting ``Contract Requirements.--'' after 
                ``(b)'';
            (7) in subsection (c) of section 9512, as redesignated by 
        paragraph (3), by striking out ``the terms required by section 
        9513 of this title and'';
            (8) in subsection (e) of section 9512, as redesignated and 
        transferred to such section by paragraph (5)--
                    (A) by striking out ``under section 9512 of this 
                title'' and inserting in lieu thereof ``entered into 
                under this section'', and
                    (B) by inserting ``Commitment to Civil Reserve Air 
                Fleet.--'' after ``(e)''; and
            (9) by striking out the heading of section 9513.

SEC. 843. USE OF MILITARY INSTALLATIONS BY CONTRACTORS.

    (a) Authority.--Chapter 931 of title 10, United States Code, as 
amended by section 842, is further amended by adding at the end the 
following new section 9513:
``Sec. 9513. Use of military installations by Civil Reserve Air Fleet 
              contractors
    ``(a) Contract Authority.--(1) The Secretary of the Air Force--
            ``(A) may, by contract entered into with any contractor, 
        authorize such contractor to use one or more Air Force 
        installations designated by the Secretary; and
            ``(B) with the consent of the Secretary of another military 
        department, may, by contract entered into with any contractor, 
        authorize the contractor to use one or more installations, 
        designated by the Secretary of the Air Force, that is under the 
        jurisdiction of the Secretary of such other military 
        department.
    ``(2) The Secretary of the Air Force may include in the contract 
such terms and conditions as the Secretary determines appropriate to 
promote the national defense or to protect the interests of the United 
States.
    ``(b) Purposes of Use.--A contract entered into under subsection 
(a) may authorize use of a designated installation as a weather 
alternate, a technical stop not involving the enplaning or deplaning of 
passengers or cargo, or, in the case of an installation within the 
United States, for other commercial purposes. Notwithstanding any other 
provision of the law, the Secretary may establish different levels and 
types of uses for different installations and may provide in contracts 
under subsection (a) for different levels and types of uses by 
different contractors.
    ``(c) Hold Harmless Requirement.--A contract entered into under 
subsection (a) shall provide that the contractor agrees to indemnify 
and hold harmless the Air Force (and any other armed force having 
jurisdiction over any installation covered by the contract) from all 
actions, suits, or claims of any sort resulting from, relating to, or 
arising out of any activities conducted, or services or supplies 
furnished, in connection with the contract.
    ``(d) Reservation of Right To Exclude Contractor.--A contract 
entered into under subsection (a) shall provide that the Secretary 
concerned may, without providing prior notice, deny access to an 
installation designated under the contract when the Secretary 
determines that it is necessary to do so in order to meet military 
exigencies.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by striking out the item relating to section 
9513 and inserting in lieu thereof the following:

``9513. Use of military installations by Civil Reserve Air Fleet 
                            contractors.''.

                         PART V--MISCELLANEOUS

SEC. 851. REGULATIONS ON PROCUREMENT, PRODUCTION, WAREHOUSING, AND 
              SUPPLY DISTRIBUTION FUNCTIONS.

    (a) In General.--Section 2202 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2202. Regulations on procurement, production, warehousing, and 
              supply distribution functions
    ``The Secretary of Defense shall prescribe regulations governing 
the performance within the Department of Defense of the procurement, 
production, warehousing, and supply distribution functions, and related 
functions, of the Department of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 131 of such title is amended by striking out the item related 
to section 2202 and inserting in lieu thereof the following:

``2202. Regulations on procurement, production, warehousing, and supply 
                            distribution functions.''.

SEC. 852. REPEAL OF REQUIREMENTS REGARDING PRODUCT EVALUATION 
              ACTIVITIES.

    (a) Repeal.--Section 2369 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 139 of such title is amended by striking out the item related 
to section 2369.

SEC. 853. CODIFICATION AND REVISION OF LIMITATION ON LEASE OF VESSELS, 
              AIRCRAFT, AND VEHICLES.

    (a) Limitation.--(1) Chapter 141 of title 10, United States Code, 
is amended by inserting after section 2401 the following new section:
``Sec. 2401a. Lease of vessels, aircraft, and vehicles
    ``The Secretary of Defense or the Secretary of a military 
department may not enter into any contract with a term of 18 months or 
more, or extend or renew any contract for a term of 18 months or more, 
for any vessel, aircraft, or vehicle, through a lease, charter, or 
similar agreement, unless the Secretary has considered all costs of 
such contract (including estimated termination liability) and has 
determined in writing that the contract is in the best interest of the 
Government.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2401 the 
following new item:

``2401a. Lease of vessels, aircraft, and vehicles.''.
    (b) Repeal of Superseded Provision.--Section 9081 of Public Law 
101-165 (103 Stat. 1147; 10 U.S.C. 2401 note) is repealed.

SEC. 854. REPEAL OF APPLICATION OF PUBLIC CONTRACTS ACT TO CERTAIN 
              NAVAL VESSEL CONTRACTS.

    (a) Repeal.--Section 7299 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 633 of such title is amended by striking out the item relating 
to section 7299.

SEC. 855. CONSOLIDATION OF LIMITATIONS ON PROCUREMENT OF GOODS OTHER 
              THAN AMERICAN GOODS.

    Section 2534 of title 10, United States Code, is amended--
            (1) by striking out subsections (a) through (f); and
            (2) by inserting after the section heading the following:
    ``(a) Limitation on Certain Procurements.--The Secretary of Defense 
may procure the following items only if they are manufactured by an 
entity that is part of the national technology and industrial base (as 
defined in section 2491(1) of this title):
            ``(1) Buses.--Multipassenger motor vehicles (buses).
            ``(2) Chemical weapons antidote.--Chemical weapons antidote 
        contained in automatic injectors (or components for such 
        injectors), but only if the company that manufactures the item 
        not only manufactures it in the United States but also meets 
        the following requirements:
                    ``(A) The company is an existing producer under the 
                industrial preparedness program at the time the 
                contract is awarded.
                    ``(B) The company has received all required 
                regulatory approvals.
                    ``(C) The company has the plant, equipment, and 
                personnel to perform the contract in existence in the 
                United States at the time the contract is awarded.
            ``(3) Valves and machine tools.--(A) Items in the following 
        categories:
                    ``(i) Powered and non-powered valves in Federal 
                Supply Classes 4810 and 4820 used in piping for naval 
                surface ships and submarines.
                    ``(ii) Machine tools in the Federal Supply Classes 
                for metal-working machinery numbered 3405, 3408, 3410 
                through 3419, 3426, 3433, 3438, 3441 through 3443, 
                3445, 3446, 3448, 3449, 3460, and 3461.
            ``(B) Contracts for the procurement of items described in 
        subparagraph (A) include contracts--
                    ``(i) for the use of such items in any property 
                under the control of the Department of Defense, 
                including Government-owned, contractor-operated 
                facilities; and
                    ``(ii) entered into by contractors on behalf of the 
                Department of Defense for the purposes of providing 
                such items to other contractors as Government-furnished 
                equipment.
            ``(C) In any case in which a contract for items described 
        in subparagraph (A) includes the procurement of more than one 
        Federal Supply Class of machine tools or machine tools and 
        accessories, each supply class shall be evaluated separately 
        for purposes of determining whether the limitation in this 
        subsection applies.
            ``(D) This paragraph is effective through fiscal year 1996.
            ``(4) Air circuit breakers.--Air circuit breakers for naval 
        vessels.
            ``(5) Sonobuoys.--Sonobuoys.
            ``(6) Ball bearings and roller bearings.--Ball bearings and 
        roller bearings, in accordance with subpart 225.71 of part 225 
        of the Defense Federal Acquisition Regulation Supplement, as in 
        effect on October 23, 1992. This paragraph is effective through 
        fiscal year 1995.
    ``(b) Exceptions.--The Secretary of Defense may waive the 
limitation in subsection (a) with respect to the procurement of an item 
listed in that subsection if the Secretary determines that any of the 
following apply:
            ``(1) Application of the limitation would cause 
        unreasonable costs or delays to be incurred.
            ``(2) United States producers of the item would not be 
        jeopardized by competition from a foreign country and that 
        country does not discriminate against defense items produced in 
        the United States to a greater degree than the United States 
        discriminates against defense items produced in that country.
            ``(3) Application of the limitation would impede 
        cooperative programs entered into between the Department of 
        Defense and a foreign country and that country does not 
        discriminate against defense items produced in the United 
        States to a greater degree than the United States discriminates 
        against defense items produced in that country.
            ``(4) Satisfactory quality items manufactured by an entity 
        that is part of the national technology and industrial base (as 
        defined in section 2491(1) of this title) are not available.
            ``(5) Application of the limitation would result in the 
        existence of only one source for the item that is an entity 
        that is part of the national technology and industrial base (as 
        defined in section 2491(1) of this title).
            ``(6) The procurement is for an amount less than the 
        simplified acquisition threshold and simplified purchase 
        procedures are being used.
            ``(7) Application of the limitation is not in the national 
        security interests of the United States.
            ``(8) Application of the limitation would adversely affect 
        a United States company.
    ``(c) Principle of Construction With Future Laws.--A provision of 
law may not be construed as modifying or superseding the provisions of 
this section, or as requiring funds to be limited, or made available, 
by the Secretary of Defense to a particular domestic source by 
contract, unless that provision of law--
            ``(1) specifically refers to this section;
            ``(2) specifically states that such provision of law 
        modifies or supersedes the provisions of this section; and
            ``(3) specifically identifies the particular domestic 
        source involved and states that the contract to be awarded 
        pursuant to such provision of law is being awarded in 
        contravention of this section.''.

SEC. 856. DEPARTMENT OF DEFENSE ACQUISITION OF INTELLECTUAL PROPERTY 
              RIGHTS.

    Section 2386 of title 10, United States Code, is amended by 
striking out paragraphs (3) and (4) and inserting in lieu thereof the 
following:
            ``(3) Technical data and computer software.
            ``(4) Releases for past infringement of patents or 
        copyrights or for unauthorized use of technical data or 
        computer software.''.

SEC. 857. DEPARTMENT OF DEFENSE REVIEW OF ANTITRUST CASES WITH NATIONAL 
              SECURITY IMPLICATIONS.

    (a) In General.--Subchapter II of chapter 148 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2508. Antitrust cases with national security implications: 
              Secretary of Defense review
    ``(a) Review.--The Secretary of Defense shall conduct a review of 
any proposed acquisition of a business concern that is a critical 
United States defense supplier with respect to which the Attorney 
General or the Federal Trade Commission receives notice under the 
antitrust laws. In conducting such review, the Secretary shall assess 
the likely effect of the proposed acquisition (if carried out) on the 
policy objectives for the national technology and industrial base (as 
set forth in section 2501(a) of this title) and on such other 
considerations relating to national security as the Secretary considers 
appropriate.
    ``(b) Communication of Views of Secretary.--In any case in which 
the Secretary determines, as the result of a review and assessment 
under subsection (a), that a proposed acquisition is likely to have an 
appreciable effect (whether positive or negative) on the policy 
objectives for the national technology and industrial base or on other 
considerations relevant to national security (as determined by the 
Secretary), the Secretary shall immediately communicate that 
determination, in writing, to the Attorney General and the Federal 
Trade Commission. The Secretary shall include in such communication the 
Secretary's evaluation concerning the proposed acquisition.
    ``(c) Definition.--In this section, the term `critical United 
States defense supplier' means a company organized under the laws of 
the United States that is--
            ``(1) a contractor or critical subcontractor for a major 
        system, as defined in section 2302(9) of this title;
            ``(2) a contractor for a contract awarded to a particular 
        source pursuant to paragraph (3) of section 2304(c) of this 
        title for the reasons described in clause (A) of that 
        paragraph; or
            ``(3) in such other category as the Secretary of Defense 
        may prescribe by regulation as being critical to the national 
        technology and industrial base.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2508. Antitrust cases with national security implications: Secretary 
                            of Defense review.''.

SEC. 858. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE 
              SMALL BUSINESS SUBCONTRACTING PLANS.

    Section 834(e) of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended 
by striking out ``September 30, 1994.'' in the second sentence and 
inserting in lieu thereof ``September 30, 1997.''.

                       Subtitle C--Other Matters

SEC. 871. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR DEFENSE 
              ACQUISITION PROGRAMS.

    (a) Analysis.--Before development under a major defense acquisition 
program begins, the Secretary of Defense shall analyze the life-cycle 
environmental costs of such program.
    (b) Guidance.--The Secretary of Defense shall issue guidance, to 
apply uniformly throughout the Department of Defense, regarding--
            (1) how to ensure timely compliance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        respect to major defense acquisition programs (as defined in 
        section 2430 of title 10, United States Code); and
            (2) how to analyze the life-cycle environmental costs for 
        such major defense acquisition program.
    (c) Data Base for NEPA Documentation.--The Secretary of Defense 
shall establish and maintain a data base for documents prepared by the 
Department of Defense in complying with the National Environmental 
Policy Act of 1969 with respect to major defense acquisition programs. 
Any such document relating to a major defense acquisition program shall 
be maintained in the data base for 5 years after commencement of low-
rate initial production of the program.

SEC. 872. AWARD OF CONTRACTS AND GRANTS ON THE BASIS OF COMPETITION.

    (a) Policy.--Section 2301 of title 10, United States Code (as 
amended by section 811) is further amended by adding at the end the 
following new subsection:
    ``(e)(1) It is the policy of Congress that the Department of 
Defense should not be required by legislation to award a new contract 
or grant to a specific non-Federal Government entity (a practice 
commonly known as earmarking) for basic research, exploratory 
development, advanced technology development, and manufacturing 
technology activities. It is further the policy of Congress that any 
program, project, or technology identified in legislation be procured 
through competitive procedures, and that any such program, project, or 
technology not be so narrowly described in legislation that only one 
institution qualifies for competition.
    ``(2) A provision of law may not be construed as requiring the 
Department of Defense to award a new contract or grant to a specific 
non-Federal Government entity unless that provision of law--
            ``(A) specifically refers to this subsection;
            ``(B) specifically identifies the particular non-Federal 
        Government entity to be awarded the contract or grant; and
            ``(C) sets forth the national defense purpose to be 
        fulfilled by requiring the department to award a new contract 
        or grant to the specified non-Federal Government entity.
    ``(3) For purposes of this subsection--
            ``(A) a contract is a new contract unless the work provided 
        for in the contract is a continuation of the work provided for 
        in a preceding contract; and
            ``(B) a grant is a new grant unless the work funded by the 
        grant is substantially a continuation of the work for which 
        funding is provided in a preceding grant.''.

SEC. 873. SHIPBUILDING CLAIMS.

    (a) Increase in Time Period During Which Adjustments to 
Shipbuilding Claims May Be Made.--Section 2405 of title 10, United 
States Code, is amended--
            (1) in subsection (a), by striking out ``18 months'' and 
        inserting in lieu thereof ``six years''; and
            (2) by striking out subsection (c).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply only with respect to contracts entered into after the date of the 
enactment of this Act.

SEC. 874. DEMONSTRATION PROJECT ON PURCHASE OF FIRE, SECURITY, POLICE, 
              PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL GOVERNMENT 
              AGENCIES.

    (a) Demonstration Project.--The Secretary of Defense shall conduct 
a demonstration project, beginning October 1, 1994, at Monterey, 
California, under which any fire-fighting, security-guard, police, 
public works, utility, or other municipal services needed for operation 
of any Department of Defense asset in Monterey County, California, may 
be purchased from government agencies located within the county of 
Monterey. The purchase of such services for the demonstration project 
may be made notwithstanding section 2465 of title 10, United States 
Code.
    (b) Evaluation of Project.--Not later than December 31, 1995, the 
Secretary of Defense shall submit to Congress a report evaluating the 
results of the project and making any recommendations the Secretary 
considers appropriate, including recommendations on whether the 
purchase authorities used in conducting the project could be used to 
provide similar services at other locations.

SEC. 875. DEFENSE ACQUISITION PILOT PROGRAM.

    (a) Designations.--Pursuant to section 809(b) of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1485, 1593; 10 U.S.C. 2430 note), as amended by section 811 of 
the National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2315, 2450), the following defense acquisition 
programs are authorized to be designated for participation in the 
Defense Acquisition Pilot Program:
            (1) Fire support combined arms tactical trainer (fscatt).--
        All contracts directly relating to the procurement of a 
        training simulation system, including related hardware, 
        software, and subsystems, to perform collective training of 
        field artillery gunnery teams, with development of software as 
        required to generate the training exercises.
            (2) Joint direct attack munition (jdam i).--All contracts 
        directly relating to the development and procurement of a 
        strap-on guidance kit, using an inertially guided, Global 
        Positioning System updated guidance kit to enhance the delivery 
        accuracy of 1000 and 2000 pound bombs in inventory.
            (3) Commercial-derivative aircraft (cda).--(A) All 
        contracts related to acquisition or upgrading of commercial-
        derivative aircraft for use in future Air Force airlift, 
        tanker, and airborne warning and control system requirements.
            (B) For purposes of this paragraph, the term ``commercial-
        derivative aircraft'' means any of the following:
                    (i) Any aircraft that is of a type customarily used 
                in the course of normal business operations for other 
                than Federal Government purposes, that has been issued 
                a type certificate by the Administrator of the Federal 
                Aviation Administration, and--
                            (I) that has been sold or leased for use in 
                        the commercial marketplace; or
                            (II) that has been offered for sale or 
                        lease for use in the commercial marketplace.
                    (ii) Any aircraft that, but for--
                            (I) modifications of a type customarily 
                        available in the commercial marketplace; or
                            (II) minor modifications made to meet 
                        Federal Government requirements;
                would satisfy the criteria in clause (i).
    (b) Authorization for Waivers.--With respect to the programs 
described in subsection (a), the Secretary of Defense is authorized to 
waive or limit the applicability of the following provisions of law:
            (1) Section 2306(b) of title 10, United States Code 
        (relating to prohibition against contingent fees).
            (2) Section 2320 of such title (relating to requirements 
        pertaining to technical data).
            (3) Section 2321 of such title (relating to validation of 
        proprietary data restrictions).
            (4) Section 2324 of such title (relating to requirement for 
        the disclosure of the identity of suppliers and sources of 
        supplies).
            (5) Section 2393(d) of such title (relating to prohibition 
        against doing business with certain offerors or contractors).
            (6) Section 2402 of such title (relating to prohibition on 
        limitation of subcontractor direct sales).
            (7) Section 2408(a) of such title (relating to prohibition 
        on certain involvement with persons convicted of defense 
        contract-related felonies).
            (8) Section 2410b of such title (relating to contractor 
        inventory accounting system standards).
            (9) Section 843 of Public Law 103-160 (107 Stat. 1720) 
        (relating to reports on defense contractors dealings with 
        terrorist countries).
    (c) Conduct of Defense Acquisition Programs.--In the case of each 
defense acquisition program designated under subsection (a) for 
participation in the Defense Acquisition Pilot Program, the Secretary 
of Defense shall--
            (1) develop guidelines and procedures for carrying out the 
        program and the criteria to be used in measuring the success of 
        the program;
            (2) evaluate the potential costs and benefits which may be 
        derived from the innovative procurement methods and procedures 
        tested under the program; and
            (3) develop the methods to be used to analyze the results 
        of the program.
    (d) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed as authorizing the appropriation or 
obligation of funds for the programs designated as defense acquisition 
pilot programs under subsection (a).

SEC. 876. PREFERENCE FOR LOCAL RESIDENTS.

    (a) Preference Allowed.--In entering into contracts with private 
entities for services to be performed at a military installation that 
is affected by closure or alignment under a base closure law, the 
Secretary of Defense may give preference, consistent with Federal, 
State, and local laws and regulations, to entities that plan to hire, 
to the maximum extent practicable, residents of the vicinity of such 
military installation. Contracts for which the preference may be given 
include contracts to carry out environmental restoration activities or 
construction work at such military installations.
    (b) Definition.--In this section, the term ``base closure law'' 
means the following:
            (1) The provisions of title II of the Defense Authorization 
        Amendments and Base Closure and Realignment Act (Public Law 
        100-526; 10 U.S.C. 2687 note).
            (2) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
    (c) Applicability.--Any preference given under subsection (a) shall 
apply only with respect to contracts entered into after the date of the 
enactment of this Act.
    (d) Termination.--This section shall cease to be effective on 
September 30, 1997.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT

SEC. 901. REVISION OF NATIONAL GUARD BUREAU CHARTER.

    (a) In General.--(1) Subtitle A of title 10, United States Code, is 
amended by inserting after chapter 11 the following new chapter:

                  ``CHAPTER 12--NATIONAL GUARD BUREAU

``291. National Guard Bureau.
``292. Chief of the National Guard Bureau: appointment; adviser on 
                            National Guard matters; grade.
``293. Functions of National Guard Bureau: charter from Secretaries of 
                            the Army and Air Force.
``294. Chief of National Guard Bureau: annual report.
``295. Vice Chief of the National Guard Bureau.
``296. Other senior National Guard Bureau officers.
``297.  Definition.
``Sec. 291. National Guard Bureau
    ``(a) National Guard Bureau.--There is in the Department of Defense 
the National Guard Bureau, which is a joint bureau of the Department of 
the Army and the Department of the Air Force.
    ``(b) Purposes.--The National Guard Bureau is the channel of 
communications on all matters pertaining to the National Guard, the 
Army National Guard of the United States, and the Air National Guard of 
the United States between (1) the Department of the Army and Department 
of the Air Force, and (2) the several States.
``Sec. 292. Chief of the National Guard Bureau: appointment; adviser on 
              National Guard matters; grade
    ``(a) Appointment.--There is a Chief of the National Guard Bureau, 
who is responsible for the organization and operations of the National 
Guard Bureau. The Chief of the National Guard Bureau is appointed by 
the President, by and with the advice and consent of the Senate. Such 
appointment shall be made from officers of the Army National Guard of 
the United States or the Air National Guard of the United States who--
            ``(1) are recommended for such appointment by their 
        respective Governors or, in the case of the District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(2) have had at least 10 years of federally recognized 
        commissioned service in an active status in the National Guard; 
        and
            ``(3) are in a grade above the grade of brigadier general.
    ``(b) Term of Office.--An officer appointed as Chief of the 
National Guard Bureau serves at the pleasure of the President for a 
term of four years. An officer may not hold that office after becoming 
64 years of age. An officer may be reappointed as Chief of the National 
Guard Bureau.
    ``(c) Adviser on National Guard Matters.--The Chief of the National 
Guard Bureau is the principal adviser to the Secretary of the Army and 
the Chief of Staff of the Army, and to the Secretary of the Air Force 
and the Chief of Staff of the Air Force, on matters relating to the 
National Guard, the Army National Guard of the United States, and the 
Air National Guard of the United States.
    ``(d) Grade.--The Chief of the National Guard Bureau shall be 
appointed to serve in a grade above major general.
``Sec. 293. Functions of National Guard Bureau: charter from 
              Secretaries of the Army and Air Force
    ``The Secretary of the Army and the Secretary of the Air Force 
shall jointly develop and prescribe a charter for the National Guard 
Bureau. The charter shall cover the following matters:
            ``(1) Allocating unit structure, strength authorizations, 
        and other resources to the Army National Guard of the United 
        States and the Air National Guard of the United States.
            ``(2) Prescribing the training discipline and training 
        requirements for the Army National Guard and the Air National 
        Guard and the allocation of Federal funds for the training of 
        the Army National Guard and the Air National Guard.
            ``(3) Ensuring that units and members of the Army National 
        Guard and the Air National Guard are trained by the States in 
        accordance with approved programs and policies of, and guidance 
        from, the Chief, the Secretary of the Army, and the Secretary 
        of the Air Force.
            ``(4) Monitoring and assisting the States in the 
        organization, maintenance, and operation of National Guard 
        units so as to provide well-trained and well-equipped units 
        capable of augmenting the active forces in time of war or 
        national emergency.
            ``(5) Planning and administering the budget for the Army 
        National Guard of the United States and the Air National Guard 
        of the United States.
            ``(6) Supervising the acquisition and supply of, and 
        accountability of the States for, Federal property issued to 
        the National Guard through the property and fiscal officers 
        designated, detailed, or appointed under section 708 of title 
        32.
            ``(7) Granting and withdrawing, in accordance with 
        applicable laws and regulations, Federal recognition of (A) 
        National Guard units, and (B) officers of the National Guard.
            ``(8) Establishing policies and programs for the employment 
        and use of National Guard technicians under section 709 of 
        title 32.
            ``(9) Supervising and administering the Active Guard and 
        Reserve program as it pertains to the National Guard.
            ``(10) Issuing directives, regulations, and publications 
        consistent with approved policies of the Army and Air Force, as 
        appropriate.
            ``(11) Facilitating and supporting the training of members 
        and units of the National Guard to meet State requirements.
            ``(12) Such other functions as the Secretaries may 
        prescribe.
``Sec. 294. Chief of National Guard Bureau: annual report
    ``(a) Annual Report.--The Chief of the National Guard Bureau shall 
submit to the Secretary of Defense an annual report on the state of the 
National Guard and the ability of the National Guard to meet its 
missions. The report shall be prepared in conjunction with the 
Secretary of the Army and the Secretary of the Air Force and may be 
submitted in classified and unclassified versions.
    ``(b) Submission of Report to Congress.--The Secretary of Defense 
shall transmit the annual report of the Chief of the National Guard 
Bureau to Congress, together with such comments on the report as the 
Secretary considers appropriate. The report shall be transmitted at the 
same time each year that the annual report of the Secretary under 
section 113(c) of this title is submitted to Congress.
``Sec. 295. Vice Chief of the National Guard Bureau
    ``(a) Appointment.--(1) There is a Vice Chief of the National Guard 
Bureau, selected by the Secretary of Defense from officers of the Army 
National Guard of the United States or the Air National Guard of the 
United States who--
            ``(A) are recommended for such appointment by their 
        respective Governors or, in the case of the District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(B) have had at least 10 years of federally recognized 
        commissioned service in an active status in the National Guard; 
        and
            ``(C) are in a grade above the grade of colonel.
    ``(2) The Chief and Vice Chief of the National Guard Bureau may not 
both be members of the Army or of the Air Force.
    ``(3)(A) Except as provided in subparagraph (B), an officer 
appointed as Vice Chief of the National Guard Bureau serves for a term 
of four years, but may be removed from office at any time for cause.
    ``(B) The term of the Vice Chief of the National Guard Bureau shall 
end upon the appointment of a Chief of the National Guard Bureau who is 
a member of the same armed force as the Vice Chief.
    ``(4) The Secretary of Defense may waive the restrictions in 
paragraph (2) and the provisions of paragraph (3)(B) for a limited 
period of time to provide for the orderly transition of officers 
appointed to serve in the positions of Chief and Vice Chief of the 
National Guard Bureau.
    ``(b) Duties.--The Vice Chief of the National Guard Bureau performs 
such duties as may be prescribed by the Chief of the National Guard 
Bureau.
    ``(c) Grade.--The Vice Chief of the National Guard Bureau shall be 
appointed to serve in a grade above brigadier general.
    ``(d) Functions as Acting Chief.--When there is a vacancy in the 
office of the Chief of the National Guard Bureau or in the absence or 
disability of the Chief, the Vice Chief of the National Guard Bureau 
acts as Chief and performs the duties of the Chief until a successor is 
appointed or the absence or disability ceases.
    ``(e) Succession After Chief and Vice Chief.--When there is a 
vacancy in the offices of both Chief and Vice Chief of the National 
Guard Bureau or in the absence or disability of both the Chief and Vice 
Chief of the National Guard Bureau, or when there is a vacancy in one 
such office and in the absence or disability of the officer holding the 
other, the senior officer of the Army National Guard of the United 
States or the Air National Guard of the United States on duty with the 
National Guard Bureau shall perform the duties of the Chief until a 
successor to the Chief or Vice Chief is appointed or the absence or 
disability of the Chief or Vice Chief ceases, as the case may be.
``Sec. 296. Other senior National Guard Bureau officers
    ``(a) Additional General Officers.--(1) In addition to the Chief 
and Vice Chief of the National Guard Bureau, there shall be assigned to 
the National Guard Bureau--
            ``(A) two general officers selected by the Secretary of the 
        Army from officers of the Army National Guard of the United 
        States who have been nominated by their respective Governors 
        or, in the case of the District of Columbia, the commanding 
        general of the District of Columbia National Guard, the senior 
        of whom while so serving shall hold the grade of major general 
        and serve as Director, Army National Guard, with the other 
        serving as Deputy Director, Army National Guard; and
            ``(B) two general officers selected by the Secretary of the 
        Air Force from officers of the Air National Guard of the United 
        States who have been nominated by their respective Governors 
        or, in the case of the District of Columbia, the commanding 
        general of the District of Columbia National Guard, the senior 
        of whom while so serving shall hold the grade of major general 
        and serve as Director, Air National Guard, with the other 
        serving as Deputy Director, Air National Guard.
    ``(2) The officers so selected shall assist the Chief of the 
National Guard Bureau in carrying out the functions of the National 
Guard Bureau as they relate to their respective branches.
    ``(b) Other Officers.--There are in the National Guard Bureau a 
legal counsel, a comptroller, and an inspector general, each of whom 
shall be appointed by the Chief of the National Guard Bureau. They 
shall perform such duties as the Chief may prescribe.
``Sec. 297. Definition
    ``In this chapter, the term `State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin 
Islands.''.
    (2) The table of chapters at the beginning of subtitle A of title 
10, United States Code, and at the beginning of part I of such 
subtitle, are each amended by inserting after the item relating to 
chapter 11 the following:

 ``12.  National Guard Bureau                                    291''.
    (b) Conforming Repeal.--(1) Section 3040 of title 10, United States 
Code, is repealed.
    (2) The table of sections at the beginning of chapter 305 of such 
title is amended by striking out the item relating to section 3040.
    (c) Conforming Amendment.--The text of section 108 of title 32, 
United States Code, is amended to read as follows:
    ``If, within a time fixed by the President, a State fails to comply 
with a requirement of this title, or a regulation prescribed under this 
title, the National Guard of that State is barred, in whole or in part, 
as the President may prescribe, from receiving money or any other aid, 
benefit, or privilege authorized by law.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect at the end of the 90-day period beginning on the date of the 
enactment of this Act.

SEC. 902. ARMY RESERVE COMMAND.

    (a) In General.--(1) Chapter 307 of title 10, United States Code, 
is amended by adding at the end the following new section:
``Sec. 3083. Army Reserve Command
    ``(a) Establishment of Command.--There is in the Army a United 
States Army Reserve Command, which shall be maintained as a separate 
command of the Army. The Army Reserve Command shall be established and 
maintained by the Secretary of the Army with the advice and assistance 
of the Chief of Staff of the Army.
    ``(b) Supervision By Chief of Staff.--The Secretary of the Army 
shall provide for the Chief of Staff of the Army to exercise 
supervision over the Army Reserve Command and to perform all other 
responsibilities and functions with respect to such command as are 
specified or authorized in subsections (c), (d), and (e) of section 
3033 of this title.
    ``(c) Commander.--Unless otherwise directed by the Secretary, the 
Chief of the Army Reserve shall be the commander of the Army Reserve 
Command. The commander of the Army Reserve Command reports directly to 
the Chief of Staff of the Army.
    ``(d) Assignment of Forces.--The Secretary of the Army shall assign 
to the Army Reserve Command all forces of the Army Reserve.
    ``(e) Functions of Chief of Staff.--The Chief of Staff of the Army, 
acting through the active component command structure, shall--
            ``(1) be responsible for establishing standards, evaluating 
        units, validating units, and providing training assistance for 
        the Army Reserve in the areas of unit training, readiness, and 
        mobilization;
            ``(2) establish procedures for the evaluation of reserve 
        component units by active component units for the purpose of 
        determining whether, or to what extent, they meet the standards 
        established under paragraph (1);
            ``(3) establish policies for acceptance of premobilization 
        readiness evaluation results where appropriate during a 
        mobilization in order to minimize the time required to certify 
        reserve units as ready for combat operations and to avoid 
        unnecessary duplicative training;
            ``(4) validate and certify the readiness of reserve 
        component units after they are mobilized; and
            ``(5) establish training doctrine (with associated tasks, 
        conditions, and standards) for individual and unit training and 
        standards, control of certification, and validation for all 
        courses, instructors, and students for the Army Reserve.
    ``(f) Responsibility.--The commander of the Army Reserve Command is 
responsible for meeting the standards and complying with the 
evaluation, certification, and validation requirements established by 
the Chief of Staff pursuant to paragraphs (1) and (2) of subsection 
(e).''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``3083. Army Reserve Command.''.
    (b) Conforming Repeal.--Section 903 of Public Law 101-510 (10 
U.S.C. 3074 note) is repealed.
    (c) Implementation Report.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary 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 for implementing 
of section 3082 of title 10, United States Code, as added by subsection 
(a).
    (d) Schedule for Implementation.--Implementation of section 3082 of 
title 10, United States Code, as added by subsection (a), 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. 903. ASSIGNMENT OF RESERVE FORCES TO COMBATANT COMMANDS.

    Section 162 of title 10, United States Code, is amended by adding 
at the end the following new subsections:
    ``(c) Assignment of Reserve Forces.--(1) Except as provided in 
subsection (d), reserve component forces shall be subject to paragraphs 
(1) and (2) of subsection (a) only after being called or ordered to 
active duty (other than for training) in accordance with chapter 39 and 
sections 3013, 5013, and 8013 of this title, as applicable.
    ``(2) The Secretary of each military department, in accordance with 
directives issued by the Secretary of Defense, shall allocate reserve 
component units under the Secretary's jurisdiction to the combatant 
command or commands to which it is expected that they may be assigned 
after being called or ordered to active duty (other than for training).
    ``(3) The commanders of the combatant commands to which a reserve 
component unit may be assigned after being called or ordered to active 
duty (other than for training) shall establish standards in the areas 
of (A) joint training, and (B) readiness to carry out missions assigned 
to the commanders. The Secretaries of the military departments, in 
accordance with their responsibilities under chapters 303, 503, and 803 
of this title, shall prepare reserve component units to meet the 
standards established by the commanders of the combatant commands.
    ``(4) As directed by the Secretary of Defense, and notwithstanding 
paragraphs (1), (2), and (3), reserve component special operations 
units and personnel designated under section 167(b) of this title may 
be treated in the same manner as active forces under paragraph (1) of 
subsection (a).
    ``(d) Authority of Governors Over National Guard.--Nothing in this 
section shall be construed to limit or otherwise modify the authorities 
reserved to the Governors of the several States over forces of the 
National Guard when those forces are not in Federal service.
    ``(e) Definition.--In this section, the term `forces' refers to 
military units and personnel that the Secretary of a military 
department has determined, in accordance with the Secretary's 
responsibilities under chapter 303, 505, or 803 of this title, as 
applicable, to be prepared for the effective prosecution of war, in 
accordance with section 3062, 5062, 5063, or 8062 of this title and, 
therefore, capable of carrying out missions assigned to the commander 
of a combatant command.''.

SEC. 904. BUDGET SUPPORT FOR RESERVE ELEMENTS OF SPECIAL OPERATIONS 
              COMMAND.

    Section 167 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(k) Budget Support for Reserve Elements.--The budget proposal for 
the special operations command that is submitted to the Secretary of 
Defense for any fiscal year may not, without the concurrence of the 
Secretary of the military department concerned, propose to eliminate, 
or to significantly reduce the level of funding for, a reserve 
component special operations unit. The budget proposal for a military 
department that is submitted to the Secretary of Defense for any fiscal 
year may not, without the concurrence of the commander of the special 
operations command, propose funding for special operations forces in 
the military personnel budget for a reserve component in that military 
department that has the effect of proposing to eliminate, or to 
significantly reduce the level of funding for, a reserve component 
special operations unit.''.

SEC. 905. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT OF DEFENSE 
              TO UNDER SECRETARY OF DEFENSE (COMPTROLLER).

    (a) In General.--(1) Section 135 of title 10, United States Code, 
is amended--
            (A) in subsection (a), by striking out ``Comptroller of the 
        Department of Defense'' and inserting in lieu thereof ``Under 
        Secretary of Defense (Comptroller)''; and
            (B) in subsections (b), (c), (d), and (e), by striking out 
        ``Comptroller'' each place it appears and inserting in lieu 
        thereof ``Under Secretary of Defense (Comptroller)''.
    (2) The heading for such section is amended to read as follows:
``Sec. 135. Under Secretary of Defense (Comptroller)''.
    (3) The item relating to such section in the table of sections at 
the beginning of chapter 4 of such title is amended to read as follows:

``135. Under Secretary of Defense (Comptroller).''.
    (b) Conforming Amendments to Title 10, United States Code.--(1) 
Section 131(b)(4) of title 10, United States Code, is amended by 
striking out ``Comptroller'' and inserting in lieu thereof ``Under 
Secretary of Defense (Comptroller)''.
    (2) Section 138(d) of such title is amended by striking out ``and 
Comptroller''.
    (c) Conforming Amendment to Title 5, United States Code.--Section 
5314 of title 5, United States Code, is amended by striking out 
``Comptroller of the Department of Defense'' and inserting in lieu 
thereof ``Under Secretary of Defense (Comptroller).''.
    (d) References in Other Laws.--Any reference to the Comptroller of 
the Department of Defense in any provision of law other than title 10, 
United States Code, or in any rule, regulation, or other paper of the 
United States shall be treated as referring to the Under Secretary of 
Defense (Comptroller).

SEC. 906. RECLARIFICATION OF INDEPENDENT STATUS OF DIRECTOR OF 
              OPERATIONAL TEST AND EVALUATION.

    Section 139(c) of title 10, United States Code, is amended by 
inserting after ``(c)'' the following: ``Within the Office of the 
Secretary of Defense, the Director reports to the Under Secretary of 
Defense (Comptroller).''.

                      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 1995 between any such authorizations for that fiscal year (or any 
subdivisions thereof). Amounts of authorizations so transferred shall 
be merged with and be available for the same purposes as the 
authorization to which transferred.
    (2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not exceed 
$2,000,000,000.
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.
    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another 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 
Department of Justice.

SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.

    (a) Status of Classified Annex.--The Classified Annex prepared by 
the Committee on Armed Services of the House of Representatives to 
accompany the bill H.R. 4301 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. DATE FOR SUBMISSION OF FUTURE-YEARS MISSION BUDGET.

    Section 222(a) of title 10, United States Code, is amended by 
striking out ``at the same time that'' in the second sentence and 
inserting in lieu thereof ``within 30 days after the date on which''.

SEC. 1005. IDENTIFICATION AND REPORTING OF UNAUTHORIZED APPROPRIATIONS.

    (a) In General.--(1) Chapter 9 of title 10, United States Code, is 
amended by inserting after section 222 the following new section:
``Sec. 223. Identification of unauthorized appropriations
    ``(a) Identification.--(1) Upon the enactment of a law making a 
defense appropriation, the Secretary of Defense shall determine, with 
respect to each defense appropriation provided in that law--
            ``(A) whether any part of such appropriation provides funds 
        for an unauthorized program element (as defined in subsection 
        (c)); and
            ``(B) if there are funds provided as part of any such 
        appropriation for an unauthorized program element, the total 
        amount of funds provided under that appropriation for all such 
        unauthorized program elements.
    ``(2) A determination under paragraph (1) shall be made with 
respect to a defense appropriation for a fiscal year immediately upon 
enactment of the law making that appropriation. However, if as of the 
enactment of such law there has not been enacted a law specifically 
authorizing appropriations for that fiscal year for the purposes named 
in section 114(a) of this title, such determination shall be made 
immediately after enactment of such an authorization law.
    ``(3) Not later than 30 days after the enactment of such an 
appropriation or authorization law (whichever is enacted later), the 
Secretary shall submit to Congress a report identifying--
            ``(A) any unauthorized program element; and
            ``(B) any amount determined under paragraph (1)(B).
    ``(b) Comptroller General Review and Report.--(1) The Comptroller 
General shall promptly review each report of the Secretary under 
subsection (a). The Comptroller General shall submit a report to 
Congress if the Comptroller General determines--
            ``(A) that the law with respect to which the Secretary 
        submitted a report provides appropriations for an unauthorized 
        program element in addition to those identified in the report 
        of the Secretary; or
            ``(B) that a program element identified in that report as 
        an unauthorized program element is not unauthorized.
    ``(2) A report under paragraph (1)--
            ``(A) shall identify those defense appropriations, and 
        program elements under appropriations, with respect to which 
        the Comptroller General made determinations under subparagraphs 
        (A) and (B), respectively, of such paragraph; and
            ``(B) shall include such comments and recommendations as 
        the Comptroller General considers appropriate.
    ``(3) Such a report shall be submitted not later than 30 days after 
the date on which the report of the Secretary under subsection (a) is 
received by Congress.
    ``(c) Definitions.--In this section:
            ``(1) The term `defense appropriation' means an amount 
        appropriated or otherwise made available by Congress in an 
        appropriation law for one of the purposes stated in section 
        114(a) of this title.
            ``(2) The term `unauthorized program element' means a 
        program element of a program, project, or activity of the 
        Department of Defense (as identified in budget documents of the 
        Department of Defense or in congressional budget documents) for 
        which an amount is provided under a defense appropriation 
        (whether or not specified in the appropriation Act concerned) 
        in an amount greater than the amount authorized by law to be 
        appropriated for such program element (whether or not such 
        authorized amount is specified by law), determined by taking 
        into consideration statutory language, legislative history, and 
        budget documents submitted to Congress by the Department of 
        Defense.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``223. Identification of unauthorized appropriations.''.
    (b) Effective Date.--Section 223 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to amounts 
appropriated for fiscal years after fiscal year 1994.

                  Subtitle B--Counter-Drug Activities

SEC. 1011. 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 ``through 1995'' and inserting in lieu 
thereof ``through 1997''.
    (b) Funding of Support Activities.--Of the amount authorized to be 
appropriated for fiscal year 1995 under section 301 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).

                   Subtitle C--Contingency Operations

SEC. 1021. FUNDING FOR CONTINGENCY OPERATIONS.

    (a) Restriction.--Section 127a of title 10, United States Code, is 
amended--
            (1) by striking out paragraph (3) of subsection (b);
            (2) by transferring subsection (d) to the end of the 
        section and redesignating that subsection as subsection (j);
            (3) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Limitation on Source of Funds for Contingency Operations.--
The Secretary of Defense may not use amounts in an operation and 
maintenance operating forces account (known as a budget activity 1 
account) in fully reimbursing the Defense Business Operations Fund 
under a plan referred to in subsection (c).'';
            (4) by redesignating subsections (f), (g), and (h) as 
        subsections (g), (h), and (i), respectively; and
            (5) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Restriction.--(1) When an operating unit of the armed forces 
is assigned to carry out an operational mission for which funds were 
not specifically provided in the budget for the then-current fiscal 
year, otherwise applicable funding procedures described in paragraph 
(2) may not be waived unless the operational mission is designated as a 
National Contingency Operation under subsection (a).
    ``(2) Paragraph (1) applies to a provision of law or a Government 
accounting practice that requires (or that has the effect of requiring) 
that when an operating unit of the armed forces 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 shall reimburse that support unit (or that fund) for the 
costs incurred by the support unit (or the fund) in providing such 
support.''.
    (b) Extension of Uses of Appropriated Fund.--Subsection (e) of such 
section is amended--
            (1) in the subsection heading, by striking out 
        ``Incremental Personnel Costs Account'' and inserting in lieu 
        thereof ``National Contingency Operation Non-DBOF Costs Fund'';
            (2) in the first sentence, by striking out ``Personnel'' 
        and inserting in lieu thereof ``Non-DBOF Costs''; and
            (3) in the second sentence, by inserting before the period 
        the following: ``and for other costs attributable to a National 
        Contingency Operation for which funds cannot be provided 
        through the Defense Business Operations Fund (or a successor 
        fund), and for no other purpose''.

SEC. 1022. EXTENSION OF AUTHORITY TO ENTER INTO CERTAIN COOPERATIVE 
              AGREEMENT AUTHORITIES TO INCLUDE THE UNITED NATIONS AND 
              REGIONAL ORGANIZATIONS OF WHICH THE UNITED STATES IS A 
              MEMBER.

    (a) Logistics Agreements.--Section 2341 of title 10, United States 
Code, is amended--
            (1) by striking out ``and'' the first place it appears in 
        paragraph (1) and inserting in lieu thereof a comma, and
            (2) by inserting after ``from North Atlantic subsidiary 
        bodies'' the following: ``, and from the United Nations 
        Organization or any regional international organization of 
        which the United States is a member''.
    (b) Cross-Servicing Agreements.--Section 2342(a) of such title is 
amended--
            (1) in paragraph (1)--
                    (A) by striking out ``or'' at the end of 
                subparagraph (B);
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph (C):
            ``(C) the United Nations Organization or any regional 
        international organization of which the United States is a 
        member; or''; and
            (2) in paragraph (2), by striking out ``subsidiary body'' 
        both places it appears and inserting in lieu thereof 
        ``organization''.
    (c) Method of Payment for Acquisitions and Transfers.--Section 
2344(b)(4) of such title is amended by adding at the end the following 
new sentence: ``The pricing principles set forth in paragraphs (1) and 
(2) shall also apply to agreements under this subchapter with the 
United Nations Organization or any regional international organization 
of which the United States is a member.''.
    (d) Definitions.--Section 2350 of such title is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``(including airlift)'' after 
                ``transportation'';
                    (B) by inserting ``calibration services,'' after 
                ``maintenance services,''; and
                    (C) by adding at the end the following new 
                sentence: ``Such term includes temporary use of general 
                purpose vehicles and other items of military equipment 
                not designated as part of the United States Munitions 
                List pursuant to section 38(a)(1) of the Arms Export 
                Control Act.''; and
            (2) by adding at the end the following new paragraph:
            ``(4) The term `transfer' means loaning, or otherwise 
        temporarily providing, logistic support, supplies, and services 
        under the terms of a cross-servicing agreement.''.
    (e) Effective Date.--The amendments made by this section shall 
apply with regard to any acquisition or transfer of logistic support, 
supplies, and services under the authority of subchapter I of chapter 
138 of title 10, United States Code, that is initiated after the date 
of the enactment of this Act.

SEC. 1023. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.

    (a) OHDACA Programs.--For purposes of section 301 and other 
provisions of this Act, programs of the Department of Defense 
designated as Oversesas Humanitarian, Disaster, and Civic Aid (OHDACA) 
programs are the programs provided by sections 401, 402, 2547, and 2551 
of title 10, United States Code, by section 2219 of title 10, United 
States Code, as added by section 1024, and by section 1025.
    (b) Limitation.--Not more than one-half of the amount authorized to 
be appropriated in section 301 for those programs may be obligated 
until--
            (1) the regulations required to be prescribed by subsection 
        (a) of section 1504 of the National Defense Authorization Act 
        for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1839) have 
        been prescribed; and
            (2) the report required to be submitted by subsection (d) 
        of that section has been submitted.

SEC. 1024. DISASTER RELIEF.

    (a) In General.--Chapter 131 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2219. Disaster relief; Defense Emergency Response Fund
    ``(a) Domestic Disaster Relief.--The Defense Emergency Response 
Fund (established by title V of Public Law 101-165 (103 Stat. 1126)) is 
available only for assistance in the case of disasters occurring in the 
United States.
    ``(b) Overseas Disaster Relief.--The Secretary of Defense shall 
carry out such foreign disaster assistance as the President may direct 
the Secretary to provide. Whenever the Secretary of Defense is directed 
to provide disaster relief assistance in the case of a natural or 
manmade disaster occurring outside the United States, the Secretary 
shall designate the activity of the Department of Defense to provide 
that assistance to be a National Contingency Operation under section 
127a of this title.
    ``(c) Organizing Policies and Programs.--Amounts appropriated for 
any fiscal year for Oversesas Humanitarian, Disaster, and Civic Aid 
(OHDACA) programs of the Department of Defense shall be available for 
organizing general policies and programs for disaster relief programs 
for disasters occurring outside the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2219. Disaster relief; Defense Emergency Response Fund.''.

SEC. 1025. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING LANDMINES.

    (a) Program.--The Secretary of Defense shall carry out a program to 
assist other nations in clearing landmines for humanitarian purposes. 
Such assistance may be provided in the form of financial assistance, 
in-kind or personnel assistance, or both.
    (b) Limitation on Actions of United States Personnel.--The 
Secretary of Defense shall ensure that United States military personnel 
are not engaged in the physical lifting or destroying of landmines 
except in support of United States military operations.
    (c) Source of Funds.--Of the funds authorized to be appropriated by 
section 301 for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) 
programs of the Department of Defense, such sums as determined by the 
Secretary of Defense shall be available for the program under 
subsection (a) and may be used for--
            (1) activities to support the clearing of landmines for 
        humanitarian purposes, including activities relating to the 
        furnishing of education, training, technical assistance, 
        equipment, and technology; and
            (2) contributions to nongovernmental organizations that 
        have experience in landmine clearance to support activities 
        described in paragraph (1).

                       Subtitle D--Other Matters

SEC. 1031. ANNUAL REPORT ON DENIAL, REVOCATION, AND SUSPENSION OF 
              SECURITY CLEARANCES.

    (a) In General.--The Secretary of Defense shall submit to Congress, 
not later than 90 days after the close of each of fiscal years 1995 
through 2000, a report concerning the denial, revocation, or suspension 
of security clearances for Department of Defense military and civilian 
personnel, and for Department of Defense contractor employees, for that 
fiscal year.
    (b) Matter To Be Included in Report.--The Secretary shall include 
in each such report the following information with respect to the 
fiscal year preceding the fiscal year during which the report is 
submitted (shown separately for members of the Armed Forces, civilian 
officers and employees of the Department of Defense, and employees of 
contractors of the Department of Defense):
            (1) The number of denials, revocations, and suspensions of 
        a security clearance, including clearance for special access 
        programs and for sensitive compartmented information.
            (2) For cases involving the denial of a security clearance, 
        the average time period from the date of the initial 
        determination and notification to the individual concerned of 
        the denial of the clearance to the date of the final 
        determination of the denial, as well as the shortest and 
        longest time period in such cases.
            (3) For cases involving the suspension of a security 
        clearance, the average time period from the date of the initial 
        determination and notification to the individual concerned of 
        the suspension of the clearance to the date of the final 
        determination of the suspension, as well as the shortest and 
        longest time period of such cases.
            (4) The number of cases in which a security clearance was 
        suspended in which the resolution of the matter was the 
        restoration of the security clearance, and the average period 
        of time for such suspensions.
            (5) The number of cases in which an individual who had a 
        security clearance denied or revoked remained employed with the 
        employing contractor or agency, or remained a member of the 
        Armed Forces, for three months, for six months, and for twelve 
        months after the date of the final determination to deny or 
        revoke the clearance.
            (6) The number of cases in which an individual who had a 
        security clearance suspended, and in which no final 
        determination had been made, remained employed with the 
        employing contractor or agency, or remained a member of the 
        Armed Forces, for three months, for six months, and for twelve 
        months after the date of the suspension.
            (7) The number of cases in which an appeal was made from a 
        final determination to deny or revoke a security clearance and, 
        of those, the number in which the appeal resulted in the 
        granting or restoration of the security clearance.

SEC. 1032. COMMISSION ON ROLES AND MISSIONS OF THE ARMED FORCES.

    (a) Size of Commission.--Section 952(b)(1) of the National Defense 
Authorization Act for Fiscal Year 1994 (107 Stat. 1738) is amended by 
striking out ``seven members'' and inserting in lieu thereof ``ten 
members''.
    (b) Conforming Amendment.--Section 956(b)(1) of such Act (107 Stat. 
1740) is amended by striking out ``Four members'' and inserting in lieu 
thereof ``Six members''.
    (c) Deadline for Appointment of Additional Members of Commission.--
The additional members of the Commission on Roles and Missions of the 
Armed Forces authorized by the amendment made by subsection (a) shall 
be appointed by the Secretary of Defense within 45 days after the date 
of the enactment of this Act.

SEC. 1033. PROHIBITION ON AUTHORIZATION OF PAYMENT OF COSTS UNDER 
              DEFENSE CONTRACTS FOR RESTRUCTURING COSTS OF A MERGER OR 
              ACQUISITION.

    On and after May 4, 1994, the Secretary of Defense may not 
authorize payment of any restructuring costs associated with a merger 
or acquisition that are incurred by a contractor under contract with 
the Department of Defense.

SEC. 1034. TRANSFER OF CERTAIN B-17G AIRCRAFT.

    The Secretary of the Air Force shall transfer all right, title, and 
interest of the Air Force in a B-17G aircraft, serial number 44-83684, 
to the organization known as Planes of Fame, Chino, California.

SEC. 1035. USS INDIANAPOLIS (CA-35): GALLANTRY, SACRIFICE AND A 
              DECISIVE MISSION TO END WW II.

    (a) The Congress finds that--
            (1) the USS INDIANAPOLIS served the people of the United 
        States with valor and distinction throughout World War Two in 
        action against enemy forces in the Pacific Theater of 
        operations from 7 December 1941 to 29 July 1945,
            (2) the fast and powerful heavy cruiser with its courageous 
        and capable crew, compiled an impressive combat record during 
        her victorious forays across the battle-torn reaches of the 
        Pacific, receiving in the process ten hard-earned Battle Stars 
        from the Aleutians to Okinawa,
            (3) this mighty ship repeatedly proved herself a swift, 
        hard-hitting weapon of our Pacific Fleet, rendering invaluable 
        service in anti-shipping, shore bombardments, anti-air and 
        invasion support roles, serving with honor and great 
        distinction as Fifth Fleet Flagship under Adm. Raymond 
        Spruance, USN, and Third Fleet Flagship under Adm. William F. 
        Halsey, USN,
             (4) this gallant ship, owing to her superior speed and 
        record of accomplishment, transported the world's first 
        operational atomic bomb to the Island of Tinian, accomplishing 
        her mission at a record average speed of 29 knots,
             (5) following the accomplishment of her mission, the 
        INDIANAPOLIS departed Tinian for Guam. And from Guam she 
        embarked for the Leyte Gulf where she would join with the fleet 
        assembling for the invasion of Japan. And at 0014 hours on 30 
        July 1945, the USS INDIANAPOLIS was sunk by enemy torpedo 
        action,
            (6) of her crew of 1,198 officers and men, approximately 
        900 survived the initial torpedo attack. And, owing to the fact 
        that her communication ability had been destroyed in the 
        attack, INDIANAPOLIS' sinking was not discovered for 5 fateful 
        days, during which the survivors suffered incessant shark 
        attacks, starvation, desperate thirst, and exposure. Only 319 
        were rescued, and
            (7) from her participation in the earliest offensive 
        actions in the Pacific in World War II to becoming the last 
        capital ship lost in that conflict, the USS INDIANAPOLIS, and 
        her crew left an indelible imprint on our nation's struggle to 
        eventual victory. And this selfless and outstanding performance 
        of duty reflects great credit upon the ship and her crew, thus 
        upholding the very highest traditions of the United States 
        Naval Service.
    (b) Therefore, the Congress of the United States, acting on behalf 
of the grateful people of the United States, hereby recognizes the 
invaluable contributions of the USS INDIANAPOLIS to the ending of WW 
II. And on the occasion of the 50th Anniversary of her tragic sinking, 
and the dedication of her National Memorial in Indianapolis on July 
30th, 1995, the Congress hereby commends this gallant ship and her crew 
for selfless and heroic service to the United States of America.

SEC. 1036. SENSE OF CONGRESS CONCERNING COMMENDATION OF INDIVIDUALS 
              EXPOSED TO MUSTARD AGENTS DURING WORLD WAR II TESTING 
              ACTIVITIES.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should issue to each individual described in 
subsection (b) a commendation in honorary recognition of the 
individual's special service, loyalty, and contribution to the United 
States.
    (b) Covered Individuals.--Individuals referred to in subsection (a) 
are those individuals who, as members of the Armed Forces or employees 
of the Department of War during World War II, were exposed (without 
their knowledge or consent) to mustard agents in connection with 
testing performed by the Department of War during that war.
    (c) Notification of Exposure.--The Secretary of Defense shall 
notify each surviving individual described in subsection (b) of--
            (1) the exposure described in subsection (a);
            (2) the possible health effects of the exposure that are 
        known to the Secretary; and
            (3) the likely options available to the individual for 
        medical treatment for any adverse health effects resulting from 
        the exposure.
    (d) Furnishing of Information to Secretary of Veterans Affairs.--
The Secretary of Defense shall provide to the Secretary of Veterans 
Affairs any information of the Department of Defense regarding the 
exposure described in subsection (a), including the names of the 
individuals described in subsection (b).

SEC. 1037. SENSE OF CONGRESS CONCERNING ELIGIBILITY FOR ARMED FORCES 
              EXPEDITIONARY MEDAL BASED UPON SERVICE IN EL SALVADOR.

    (a) Sense of Congress.--It is the sense of Congress that, for the 
purpose of determining eligibility of members and former members of the 
Armed Forces for the Armed Forces Expeditionary Medal, the country of 
El Salvador during the period beginning on January 1, 1981, and ending 
on February 1, 1992, should be treated as having been designated as an 
area and a period of time in which members of the Armed Forces 
participated in operations in significant numbers and otherwise met the 
general requirements for the award of that medal.
    (b) Individual Determination.--The Secretary of the military 
department concerned should determine whether individual members or 
former members of the Armed Forces who served in El Salvador during the 
period beginning on January 1, 1981, and ending on February 1, 1992, 
meet the individual service requirements for award of the Armed Forces 
Expeditionary Medal as established in applicable regulations. Such 
determinations should be made as expeditiously as possible after the 
date of the enactment of this Act.

SEC. 1038. MILITARY-TO-MILITARY CONTACT PROGRAM.

    (a) Authorization.--Of amounts appropriated pursuant to section 
301(5) for Defense-wide activities, $45,800,000 shall be available to 
continue efforts that were initiated by the commander of a United 
States unified command and approved by the chairman of the Joint Chiefs 
of Staff for military-to-military contacts and comparable activities 
that are designed to assist the military forces of other countries in 
understanding the appropriate role of military forces in a democratic 
society.
    (b) Report to Congress.--Not more than $10,000,000 of the funds 
authorized by subsection (a) may be obligated until the Secretary of 
Defense submits to Congress a report describing in detail how the 
military-to-military contact program will be executed during fiscal 
year 1995.

SEC. 1039. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS BASING 
              ACTIVITIES.

    (a) Limitation.--The total amount authorized to be appropriated to 
the Department of Defense for operation and maintenance and for 
military construction (including construction and improvement of 
military family housing) that is obligated to conduct overseas basing 
activities during fiscal year 1995 may not exceed $8,181,000,000, 
except to the extent provided by the Secretary of Defense under 
subsection (b).
    (b) Exception.--The Secretary of Defense may increase the amount of 
the limitation under subsection (a) by such amount as the Secretary 
determines to be necessary in the national interest, except that such 
increase may not exceed $400,000,000. The Secretary may not make any 
such increase until the Secretary notifies the Congress of the 
Secretary's intent to make such an increase and a period of 15 days 
elapses after the day on which the notification is received by the 
Congress.
    (c) Allocations of Savings.--Any amounts appropriated to the 
Department of Defense for fiscal year 1995 for the purposes covered by 
subsection (a) that are not available to be used for those purposes by 
reason of the limitation in that subsection shall be allocated by the 
Secretary of Defense for operation and maintenance and for military 
construction activities of the Department of Defense at military 
installations and facilities located inside the United States.
    (d) Definition.--In this section, the term ``overseas basing 
activities'' has the meaning given such term in section 1401(d)(2) of 
the National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1825), except that such term does not include 
activities of the Department of Defense for which funds are provided 
through appropriations for Military Personnel.

SEC. 1040. TRANSPORTATION OF CHEMICAL MUNITIONS.

    (a) Prohibition of Transportation Across State Lines.--The 
Secretary of Defense may not transport any chemical munition that 
constitutes part of the chemical weapons stockpile out of the State in 
which that munition is located on the date of the enactment of this Act 
and, in the case of any such chemical munition not located in a State 
on the date of the enactment of this Act, may not transport any such 
munition into a State.
    (b) Transportation of Chemical Munitions Not in Chemical Weapons 
Stockpile.--If it is considered necessary, the Secretary of Defense may 
transport to the nearest chemical munitions stockpile storage facility 
that has necessary permits for receiving and storing such items any 
chemical munitions that are discovered or otherwise come within the 
control of the Department of Defense and that do not constitute part of 
the chemical weapons stockpile, if the transportation of those 
munitions to that facility can be accomplished while protecting public 
health and safety.

SEC. 1041. FINDINGS AND SENSE OF CONGRESS CONCERNING THE NORTH ATLANTIC 
              TREATY ORGANIZATION.

    (a) Findings.--The Congress makes the following findings:
            (1) The North Atlantic Treaty Organization has served as a 
        bulwark of peace, security, and democracy for the United States 
        and the members of the alliance since 1949.
            (2) The unswerving resolve of the member states of the 
        North Atlantic Treaty Organization to mutual defense against 
        the threat of communist aggression was central to the demise of 
        the Warsaw Pact.
            (3) The North Atlantic Treaty Organization is the most 
        successful international security organization in history, and 
        is well suited to help marshal our cooperative political, 
        diplomatic, economic, and humanitarian efforts, buttressed by 
        credible military capability aimed at deterring conflict, and 
        thus contributing to international peace and security.
            (4) The threat of instability in Eastern and Central 
        Europe, as well as in the Southern and Eastern Mediterranean, 
        continues to pose a fundamental challenge to the interests of 
        the member states of the North Atlantic Treaty Organization.
            (5) North Atlantic Treaty Organization assets have been 
        deployed in recent years for more than the territorial defense 
        of alliance members; and the Rome Summit of October 1991 
        adopted a new strategic concept for the North Atlantic Treaty 
        Organization that entertained the possibility of operations 
        beyond the alliance's self-defense area.
            (6) In Oslo in July 1992, and in Brussels in December 1992, 
        the alliance embraced the deployment of North Atlantic Treaty 
        Organization forces to peacekeeping operations under the 
        auspices of the United Nations or the Conference on Security 
        and Cooperation in Europe.
            (7) The North Atlantic Treaty Organization should attempt 
        to cooperate with and seek a mandate from international 
        organizations such as the United Nations when considering 
        responses to out of area crises.
            (8) Not all members of the international community share a 
        commonality of interests that would ensure timely action by the 
        United Nations Security Council.
            (9) The security interests of the member countries of the 
        North Atlantic Treaty Organization must not be held hostage to 
        indecision at the United Nations or a veto by a permanent 
        member of the Security Council.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) it should be the policy of the United States that the 
        North Atlantic Treaty Organization retains the right of 
        autonomy of action regarding missions in addition to collective 
        defense should the United Nations Security Council or the 
        Conference on Security and Cooperation in Europe fail to act;
            (2) while it is desirable to work with other international 
        organizations and arrangements where feasible in dealing with 
        threats to the peace, the North Atlantic Treaty Organization is 
        not an auxiliary to the United Nations or other organization; 
        and
            (3) ultimately the member states of the North Atlantic 
        Treaty Organization reserve the right to act in defense of 
        their vital interests independent of decisions by any 
        international organization or arrangement.

SEC. 1042. REPORT ON STATUS OF DEFENSE RANDOM DRUG TESTING PROGRAM.

    Not later than six months after the date of the enactment of this 
Act, the Secretary of Defense shall submit a report to Congress 
describing the policy and procedures under which the Armed Forces 
conduct random drug testing of members of the Armed Forces, the 
frequency of such testing, and the number of members annually required 
to submit to such testing. The report shall describe any changes that 
were made or proposed to be made to such policy or procedures or to the 
frequency of such testing during the one-year period ending on the date 
of the enactment of this Act.

SEC. 1043. REDUCTION OF UNITED STATES MILITARY FORCES IN EUROPE.

    (a) End Strength Reductions for Military Personnel in Europe.--
Notwithstanding section 1002(c)(1) of the National Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note), but subject to 
subsection (d), for each of fiscal years 1996, 1997, 1998, and 1999, 
the Secretary of Defense shall reduce the end strength level of members 
of the Armed Forces of the United States assigned to permanent duty 
ashore in European member nations of the North Atlantic Treaty 
Organization in accordance with subsection (b).
    (b) Reduction Formula.--
            (1) Application of formula.--For each percentage point that 
        the allied contribution level determined under paragraph (2) is 
        below the goal specified in subsection (c) as of the end of a 
        fiscal year, the Secretary of Defense shall reduce the end 
        strength level of members of the Armed Forces of the United 
        States assigned to permanent duty ashore in European member 
        nations of NATO by 1,000 for the next fiscal year. The 
        reduction shall be made from the end strength level in effect, 
        pursuant to section 1002(c)(1) of the National Defense 
        Authorization Act, 1985 (22 U.S.C. 1928 note), and subsection 
        (a) of this section (if applicable), for the fiscal year in 
        which the allied contribution level is below the goal specified 
        in subsection (c).
            (2) Allied contribution level.--To determine the allied 
        contribution level with respect to a fiscal year, the Secretary 
        of Defense shall calculate the aggregate amount of nonpersonnel 
        costs for United States military installations in European 
        member nations of NATO that are assumed during that fiscal year 
        by such nations, except that the Secretary may consider only 
        those cash and in-kind contributions by such nations that 
        replace expenditures that would otherwise be made by the 
        Secretary using funds appropriated or otherwise made available 
        in defense appropriations Acts.
    (c) Annual Goals for Force Reduction.--In continuing efforts to 
enter into revised host-nation agreements as described in section 
1301(e) of National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1824), the President is urged to seek to have 
European member nations of NATO assume an increased share of the 
nonpersonnel costs of United States military installations in those 
nations in accordance with the following timetable:
            (1) By September 30, 1995, 18.75 percent of such costs 
        should be assumed by those nations.
            (2) By September 30, 1996, 37.5 percent of such costs 
        should be assumed by those nations.
            (3) By September 30, 1997, 56.25 percent of such costs 
        should be assumed by those nations.
            (4) By September 30, 1998, 75 percent of such costs should 
        be assumed by those nations.
    (d) Exceptions.--
            (1) Minimum end strength authority.--Notwithstanding 
        reductions required pursuant to subsection (a), the Secretary 
        of Defense may maintain an end strength of at least 25,000 
        members of the Armed Forces of the United States assigned to 
        permanent duty ashore in European member nations of NATO.
            (2) Waiver authority.--The President may waive operation of 
        this section if the President declares an emergency and 
        immediately informs the Congress of the waiver and the reasons 
        for the waiver.
    (e) Allocation of Force Reductions.--To the extent that there is a 
reduction in end strength level for any of the Armed Forces in European 
member nations of NATO in a fiscal year pursuant to subsection (a)--
            (1) half of the reduction shall be used to make a 
        corresponding reduction in the authorized end strength level 
        for active duty personnel for such Armed Force for that fiscal 
        year; and
            (2) half of the reduction shall be used to make a 
        corresponding increase in permanent assignments or deployments 
        of forces in the United States or other nations (other than 
        European member nations of NATO) for each such Armed Force for 
        that fiscal year, as determined by the Secretary of Defense.
    (f) Nonpersonnel Costs Defined.--For purposes of this section, the 
term ``nonpersonnel costs'', with respect to United States military 
installations in European member nations of NATO, means costs for those 
installations other than costs paid from military personnel accounts.

SEC. 1044. REPORT ON MILITARY READINESS IMPLICATIONS OF BOSNIA 
              PEACEKEEPING DEPLOYMENT.

    (a) Report.--(1) The Secretary of Defense shall submit to the 
congressional defense committees a report assessing the implications 
for United States military readiness of the participation of United 
States ground combat forces in peacekeeping operations within Bosnia-
Hercegovina.
    (2) The report shall be submitted not later than 90 days after the 
date of the enactment of this Act or 30 days following the deployment 
of United States ground forces to Bosnia-Hercegovina, whichever occurs 
sooner.
    (b) Matters To Be Included.--The report under subsection (a) shall 
include the following:
            (1) An estimate of the total number of forces required to 
        carry out such an operation, including forces required for a 
        rotation base.
            (2) An estimate of the expected duration of such an 
        operation.
            (3) An estimate of the cost of such an operation, together 
        with an explanation of how the Secretary proposes to provide 
        funds for such an operation and an assessment of how such 
        proposed funding plan would affect overall military readiness.
            (4) An assessment of the effect such an operation would 
        have on the ability of the United States Armed Forces to 
        execute successfully the two nearly-simultaneous major regional 
        conflict strategy articulated in the Bottom-Up Review.
            (5) An assessment of how readily forces participating in 
        such an operation could be redeployed to a major regional 
        conflict, including an analysis of the availability of 
        strategic lift, the likely condition of equipment, and the 
        extent of retraining necessary to facilitate such a 
        redeployment.
            (6) An assessment of the effect such an operation would 
        have on the general combat readiness and deployability of 
        combat units designated to be part of the contingency force, 
        including the extent to which contingency force combat units 
        would support the initial deployment and subsequent rotations.
            (7) An assessment of the effect such an operation would 
        have on the general combat readiness and deployability of 
        combat units not designated to be part of the contingency 
        force, including the extent to which non-contingency force 
        combat units would support the initial deployment and 
        subsequent rotations.
            (8) For the initial deployment and subsequent rotations, an 
        assessment of the number and type of combat support and combat 
        service support units required from active forces, including 
        how many of such units are designated to support the deployment 
        of the contingency force.
            (9) An assessment of the degree to which such an operation 
        would require the use of reserve component units and personnel 
        and the use and timing of involuntary Selected Reserve call-up 
        authority as provided by section 673b of title 10, United 
        States Code.
            (10) An assessment of the anticipated cost of equipment 
        refurbishment resulting from such an operation.
            (11) An assessment of how the increased operational tempo 
        associated with such an operation would affect the mission 
        capable readiness rates and overall health of both strategic 
        and theater airlift assets.
    (c) Definitions.--For purposes of this section:
            (1) The term ``contingency force'' includes--
                    (A) the set of four or five Army divisions that is 
                designated as the Army contingency force by the 
                Secretary of the Army, as well as Army active duty and 
                reserve component combat, combat support, and combat 
                service support units designated to respond to a 
                regional conflict within the first 75 days of such 
                conflict; and
                    (B) Air Force, Navy, and Marine Corps active duty 
                and reserve component combat, combat support, and 
                combat service support units designated to respond to a 
                regional conflict within the first 75 days of such 
                conflict.
            (2) The term ``Bottom-Up Review'' means the October 1993 
        Department of Defense report entitled ``Report on the Bottom-Up 
        Review''.
    (d) Classification of Report.--The report required by subsection 
(a) shall be submitted in unclassified form and, if necessary, in 
classified form.

SEC. 1045. REPORT ON LESSONS LEARNED FROM UNITED STATES ACTIVITIES IN 
              SOMALIA.

    (a) Report.--The Secretary of Defense shall submit to Congress a 
report on the lessons learned from the United States participation in 
United Nations activities in Somalia.
    (b) Matters To Be Included.--The report shall--
            (1) specifically describe the availability of intelligence 
        on forces of other nations and of indiginous forces operating 
        in Somalia before, during, and after the insertion of United 
        States forces; and
            (2) set forth a complete review of any intelligence 
        failures, any equipment failures, and any equipment 
        unavailability in the theater.
    (c) Submission of Report.--The report shall be submitted not later 
than 180 days after the date of the enactment of this Act.

SEC. 1046. SENSE OF CONGRESS CONCERNING SAFE, SECURE DISMANTLEMENT OF 
              SOVIET NUCLEAR ARSENAL.

    (a) Findings.--Congress makes the following findings:
            (1) It is a pressing national security challenge for the 
        United States to expedite the safe, secure dismantlement of the 
        nuclear arsenal of the former Soviet Union.
            (2) In particular, it is essential to expedite the return 
        of strategic nuclear warheads from Ukraine, Belarus, and 
        Kazakhstan and to expedite the safe, secure dismantlement of 
        the nuclear delivery vehicles of Ukraine, Belarus, and 
        Kazakhstan.
            (3) Leakage of nuclear materials and technology, and the 
        continuing threat of emigration of scientists and technicians 
        from the former Soviet nuclear weapons complex, pose a grave 
        threat to United States national security and to international 
        stability.
            (4) Congress has authorized so-called ``Nunn-Lugar'' funds 
        to enable the Department of Defense to carry out cooperative 
        activities with states of the former Soviet Union to address 
        these threats.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of Defense and and the Secretary of State 
        should continue to give their serious attention to carrying out 
        a coordinated strategy for addressing this urgent national 
        security issue;
            (2) the United States should expedite the availability and 
        effective application of so-called ``Nunn-Lugar'' funds;
            (3) when possible, the United States should work with local 
        contractors in Ukraine, Belarus, Kazakhstan, and Russia to 
        expedite effective use of such funds; and
            (4) efforts should be made to make the Science and 
        Technology Centers in Moscow and Kiev, designed to slow the 
        emigration of scientists and technicians from the former Soviet 
        weapons complex, fully operational on an expedited basis.

SEC. 1047. COORDINATION OF MILITARY-TO-MILTIARY CONTACT PROGRAMS.

    (a) Limitation.--None of the amount authorized in this Act for 
Cooperative Threat Reduction programs may be obligated for a military-
to-military contact program until the Secretary of Defense and the 
Secretary of State submit to Congress a joint report on the 
coordination of military-to-military contact programs under their 
respective jurisdictions.
    (b) Covered Programs.--Programs to be covered in the report under 
subsection (a) are the following:
            (1) Military-to-miltiary contact programs to be carried out 
        using funds authorized in this Act for Cooperative Threat 
        Reduction programs.
            (2) Military-to-military contact programs authorized under 
        other provisions of this Act.
            (3) Military-to-military contact programs authorized under 
        chapter 5 of part II of the Foreign Assistance Act of 1961.
    (c) Matters To Be Included.--The report shall include discussion of 
how those programs are carried out to maximize their effect in 
enhancing United States foreign policy objectives and how they are 
carried out to maximize their cost-efficiency.

SEC. 1048. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE THREAT 
              REDUCTION PROGRAMS.

    Section 1207 of the Cooperative Threat Reduction Act of 1993 (title 
XII of Public Law 103-60; 107 Stat. 1782) is amended--
            (1) by striking out ``Not later than April 30, 1994, and 
        not later than October 30, 1994,'' and inserting in lieu 
        thereof ``Not later than April 30 and not later than October 30 
        of each year,'';
            (2) by striking out ``under this title'' and inserting in 
        lieu thereof ``under programs described in section 1203(b)''; 
        and
            (3) in paragraph (3), by striking out ``this title'' and 
        inserting in lieu thereof ``the programs described in section 
        1203(b)''.

SEC. 1049. LIMITATION ON COOPERATIVE THREAT REDUCTION PROGRAM RELATING 
              TO OFFENSIVE BIOLOGICAL WEAPONS PROGRAM OF RUSSIA.

    None of the amount authorized to be appropriated by this Act for 
Cooperative Threat Reduction programs may be obligated until the 
President certifies to Congress that Russia has terminated its 
offensive biological weapons program.

SEC. 1050. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED 
              STATES SHARE OF COSTS OF UNITED NATIONS PEACEKEEPING 
              OPERATIONS.

    No funds authorized to be appropriated by this Act may be 
transferred or obligated for the payment of the assessed share of the 
United States for costs of United Nations peacekeeping operations or 
for any arrearages derived therefrom.

SEC. 1051. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT POW/MIAS WHO 
              REMAIN UNACCOUNTED FOR.

    (a) Single Point of Contact.--The Secretary of Defense shall 
designate an official of the Department of Defense to serve as a single 
point of contact within the department for the immediate family members 
(or their designees) of any unaccounted-for Korean Conflict POW/MIA.
    (b) Unaccounted-For Korean Conflict POW/MIA Defined.--For purposes 
of this section, the term ``unaccounted-for Korean Conflict POW/MIA'' 
means a member of the Armed Forces or civilian employee of the United 
States who, as a result of service during the Korean Conflict, was at 
any time classified as a prisoner of war or missing-in-action or 
otherwise as unaccounted for and whose person or remains have not been 
returned to United States control and who remains unaccounted for.
    (c) Functions.--The official designated under subsection (a) shall 
serve as a liaison between the family members of unaccounted-for Korean 
Conflict POW/MIAs and the Department of Defense and other Federal 
departments and agencies that may hold information that may relate to 
unaccounted-for Korean Conflict POW/MIAs. The functions of that 
official shall include assisting family members--
            (1) with procedures the family may follow in their search 
        for information about the unaccounted-for Korean Conflict POW/
        MIA;
            (2) in learning where they might locate information about 
        the unaccounted-for Korean Conflict POW/MIA; and
            (3) in learning how and where to identify classified 
        records that contain pertinent information and that will be 
        declassified.
    (d) Assistance In Obtaining Declassification.--The official 
designated under subsection (a) shall seek to obtain the rapid 
declassification of any relevant classified records that are 
identified.
    (e) Repository.--The official designated under subsection (a) shall 
provide for a centralized repository for all documents relating to 
unaccounted-for Korean Conflict POW/MIAs that are located as a result 
of the official's efforts.

SEC. 1052. REPORT ASSESSING THE REGIONAL SECURITY CONSEQUENCES OF 
              UNITED STATES MILITARY COOPERATION PROGRAMS.

    (a) Report.--On or before the date of the submission to Congress of 
the next annual report of the Secretary of Defense submitted after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report assessing the national security 
consequences of United States military cooperation programs. The report 
shall be organized into separate sections for each region of the world 
(as defined by the Secretary) in which there is a significant degree of 
internal political instability or possibility of changes in the 
external policies of countries with which the United States has 
significant military cooperation relationships.
    (b) Matters To Be Included.--Each regional section of the report 
required under subsection (a) shall include the following:
            (1) A description of cooperative military relationships in 
        effect between the United States and the countries of the 
        region.
            (2) A description of how these activities are intended to 
        improve regional security.
            (3) An assessment of the risks associated with engaging in 
        military cooperation programs with countries in the region 
        should the government of any of such country change its 
        political orientation in a manner hostile to United States 
        interests.
            (4) An analysis of the effect on regional security of 
        possible multilateral actions to reduce the military capability 
        of governments and military forces in the region that could 
        pose a future threat to United States interests.
    (c) Classified and Unclassified Form of Report.--The report under 
subsection (a) shall be submitted in unclassified form and, to the 
extent necessary, in classified form.

SEC. 1053. STUDY ON USE OF LOW-ENRICHED URANIUM TO FUEL NAVAL REACTORS.

    Not later than June 1, 1995, the Secretary of Defense and the 
Secretary of Energy shall jointly submit to the Congress a report on 
the costs, advantages, and disadvantages of using low-enriched uranium 
to fuel naval reactors. The report shall include the following:
            (1) An examination of the implications of using low-
        enriched uranium to fuel naval reactors for current and future 
        United States nuclear-powered naval vessels.
            (2) An assessment of the effects of such use on--
                    (A) the factors of operating performance, ship 
                displacement, and reactor core life, including the full 
                range of plausible trade-offs between such factors;
                    (B) construction and operating costs; and
                    (C) naval fuel cycle impacts.
            (3) An assessment of the effect on United States nuclear 
        nonproliferation policies if such use were established, under 
        the leadership of the United States, as the future global norm.
            (4) An assessment of the relative complexity, 
        effectiveness, and risks of safeguards as applied to low-
        enriched uranium and highly-enriched uranium naval fuel cycles 
        under the President's proposal for a global cutoff in the 
        production of fissile material or outside of safeguards.
            (5) An assessment of the potential Federal budget savings 
        that would result from such use.

SEC. 1054. SENSE OF CONGRESS CONCERNING NUCLEAR NONPROLIFERATION TREATY 
              REVIEW CONFERENCE.

        (a) Findings.--Congress makes the following findings:
          (1) The Treaty on the Non-Proliferation of Nuclear Weapons, 
signed at Washington, D.C., London, and Moscow on July 1, 1968, is the 
centerpiece of global efforts to prevent the spread of nuclear weapons.
          (2) The United States has demonstrated longstanding support 
for that treaty and related efforts to prevent the spread of nuclear 
weapons.
          (3) President Clinton has declared that preventing the spread 
of nuclear weapons is one of the highest priorities of his 
Administration.
          (4) In April 1995, the parties to the Treaty on the Non-
Proliferation of Nuclear Weapons will convene a Review Conference in 
New York City to discuss the indefinite extension of the treaty.
          (5) The policy of the President is to seek at the Review 
Conference the indefinite and unconditional extension of that treaty.
        (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President has the full support of Congress in 
        seeking the indefinite and unconditional extension of the 
        Treaty on the Non-Proliferation of Nuclear Weapons;
            (2) the President should as soon as possible fill those 
        positions at the United States Arms Control and Disarmament 
        Agency and other departments and agencies with responsibility 
        for nonproliferation and the 1995 Review Conference for the 
        Treaty on the Non-Proliferation of Nuclear Weapons;
            (3) the President, when formulating and implementing other 
        elements of nonproliferation policy of the United States 
        (including United States counter proliferation doctrine, the 
        nuclear Posture Review, and nuclear testing policy), should 
        take into account the objectives of the United States at the 
        1995 Review Conference for the Treaty on the Non-Proliferation 
        of Nuclear Weapons; and
            (4) the President and the President's senior national 
        security advisers should dedicate themselves to ensuring the 
        indefinite and unconditional extension of the Treaty on the 
        Non-Proliferation of Nuclear Weapons at the 1995 Review 
        Conference for that treaty.

SEC. 1055. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL 
              RESTORATION ACTIVITIES.

    (a) Establishment of Restoration Advisory Boards.--Section 2705 of 
title 10, United States Code, is amended by adding after subsection (c) 
the following new subsection:
    ``(d) Restoration Advisory Board.--In lieu of establishing a 
technical review committee under subsection (c), the Secretary may 
permit the establishment of a restoration advisory board in connection 
with any installation (or group of nearby installations) where the 
Secretary is planning or implementing environmental remediation 
activities. The Secretary shall prescribe regulations regarding the 
duties, composition, and establishment of, and the payment of routine 
administrative expenses of, restoration advisory boards to be 
established pursuant to this subsection.''.
    (b) Assistance for Citizen Participation on Technical Review Boards 
and Restoration Advisory Boards.--Such section is further amended by 
adding after subsection (d) (as added by subsection (a)) the following 
new subsection:
    ``(e) Assistance for Citizen Participation.--(1) Using such amounts 
as may be made available under paragraph (3), and pursuant to 
regulations prescribed by the Secretary for this purpose, the Secretary 
shall provide funds to facilitate the participation of private 
individuals on technical review committees and restoration advisory 
boards for the purpose of ensuring public input into the planning and 
implementation of environmental remediation activities at installations 
where such committees and boards are in operation.
    ``(2) Funds provided under this subsection may be used only--
            ``(A) to obtain technical assistance in interpreting 
        scientific and engineering issues with regard to the nature of 
        environmental hazards at an installation and the remedial 
        activities proposed or conducted at the installation; and
            ``(B) to assist such members and affected citizens to more 
        effectively participate in the environmental restoration 
        process at the installation.
    ``(3) To provide funds under this subsection for a fiscal year, 
there shall be available an amount up to \1/4\ of one percent of the 
appropriated funds (but not to exceed $7,500,000 for fiscal year 1995) 
available to the Secretary for that year for environmental restoration 
through--
            ``(A) the Defense Environmental Restoration Account; and
            ``(B) with respect to defense facilities to be closed or 
        realigned, the Department of Defense Base Closure Account 
        1990.''.
    (c) Involvement of Committees and Boards in Defense Environmental 
Restoration Program.--Such section is further amended by adding after 
subsection (e) (as added by subsection (b)) the following new 
subsection:
    ``(f) Involvement in Defense Environmental Restoration Program.--
Consistent with regulations prescribed by the Secretary, the Secretary 
shall consult with, and seek the advice of, the technical review 
committee or restoration advisory board established for an installation 
(if any) on the following issues:
            ``(1) Identifying environmental remediation activities and 
        projects at the installation.
            ``(2) Tracking progress on these activities and projects.
            ``(3) Collecting information regarding remediation 
        priorities for the installation.
            ``(4) Addressing land use, level of remediation, acceptable 
        risk, and waste management and technology development issues 
        related to remediation at the installation.
            ``(5) Developing remediation strategies.''.
    (d) Report on Effect of Implementation.--Not later than December 1, 
1994, the Secretary of Defense shall submit a report to Congress 
describing the manner in which the Secretary will implement the 
amendments made by this section. The report shall include--
            (1) an estimate of the total amount of funds to be provided 
        to technical review committees and restoration advisory boards 
        under subsection (e) of section 2705 of title 10, United States 
        Code (as added by subsection (b)), during the five-fiscal year 
        period beginning on October 1, 1994, and the cost to be 
        incurred by the Secretary during such period to carry out such 
        amendments;
            (2) an analysis of whether the establishment of restoration 
        advisory boards under subsection (d) of such section (as added 
        by subsection (a)) could delay or disrupt defense environmental 
        restoration activities; and
            (3) an analysis of whether the funding mechanism provided 
        in subsection (e)(3) of such section (as added by subsection 
        (b)) could result in funding shortfalls for defense 
        environmental restoration activities.
    (e) Condition on Implementation.--Until the Secretary of Defense 
submits the report required by subsection (d), the Secretary may not 
obligate or expend any of the funds made available under subsection 
(e)(3) of section 2705 of title 10, United States Code (as added by 
subsection (b)) to provide funds to technical review committees and 
restoration advisory boards.
    (f) Time for Regulations.--Not later than March 1, 1995, the 
Secretary of Defense shall prescribe the regulations required by the 
amendments made by this section.

SEC. 1056. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR TRANSPORTATION 
              SERVICES.

    Paragraph (1) of section 2572(b) of title 10, United States Code, 
is amended by inserting ``transportation,'' after ``salvage,''.

SEC. 1057. AUTHORIZATION FOR INDUSTRIAL FACILITIES OF THE ARMED FORCES 
              TO SELL ARTICLES AND SERVICES TO PERSONS OUTSIDE 
              DEPARTMENT OF DEFENSE.

    (a) Army Sales Authority.--(1) Section 4543 of title 10, United 
States Code, is amended to read as follows:
``Sec. 4543. Army industrial facilities: sales of manufactured articles 
              or services outside Department of Defense
    ``(a) Authority To Sell Outside DOD.--(1) Subject to paragraph (2), 
the Secretary of the Army may sell to eligible persons outside the 
Department of Defense articles and services produced by a working-
capital funded Army industrial facility, including a Department of the 
Army arsenal.
    ``(2) The Secretary may not exercise the authority provided by this 
section until after the Secretary certifies to Congress that a cost 
accounting system has been developed--
            ``(A) to keep track of the costs associated with making 
        sales of articles and services under this section; and
            ``(B) to ensure that expenditures made and revenues 
        generated in such sales are not intermingled with funds 
        authorized and appropriated for the military mission of the 
        industrial facilities involved.
    ``(b) Eligible Purchasers.--Under such regulations as the Secretary 
may prescribe, the following persons shall be eligible to purchase 
articles and services under this section:
            ``(1) State and local governments.
            ``(2) Citizens of the United States and persons lawfully 
        admitted for permanent residence in the United States.
            ``(3) Business entities that conduct a significant level of 
        their research, development, engineering, and manufacturing 
        activities in the United States and the majority ownership or 
        control of which is by United States citizens.
    ``(c) Conditions on Sales.--The Secretary may make a sale under 
this section only if--
            ``(1) the purchaser agrees to hold harmless and indemnify 
        the United States, except in cases of willful conduct or 
        extreme negligence, from any claim for damages or injury to any 
        person or property arising out of the articles or services 
        purchased;
            ``(2) the Secretary determines that the requested articles 
        or services can be substantially performed by the Army 
        industrial facility concerned with only incidental 
        subcontracting and that performance is in the public interest;
            ``(3) the Secretary determines that the sale of the 
        requested articles or services will not interfere with the 
        military mission of the Army industrial facility concerned; and
            ``(4) the sale of the goods and services is made on the 
        basis that it will not interfere with performance of work by 
        the Army industrial facility concerned for the Department of 
        Defense.
    ``(d) Methods of Sale.--(1) The Secretary shall permit a purchaser 
of articles or services under this section to use advance incremental 
funding to pay for the articles or services.
    ``(2) In the sale of articles and services under this section, the 
Secretary shall--
            ``(A) charge the purchaser, at a minimum, the variable 
        costs, capital improvement costs, and equipment depreciation 
        costs that are associated with the articles or services sold;
            ``(B) enter into a firm, fixed-price contract or, if agreed 
        by the purchaser, a cost reimbursement contract for the sale; 
        and
            ``(C) develop and maintain (from sources other than 
        appropriated funds) working capital to be available for paying 
        design costs, planning costs, procurement costs, and other 
        costs associated with the articles or services sold.
    ``(e) Deposit of Proceeds.--Proceeds from sales of articles and 
services under this section shall be deposited into the Defense 
Business Operations Fund.
    ``(f) Relationship to Arms Export Control Act.--Nothing in this 
section shall be construed to affect the application of the export 
controls provided for in section 38 of the Arms Export Control Act (22 
U.S.C. 2778) to items which incorporate or are produced through the use 
of an article sold under this section.
    ``(g) Definitions.--In this section:
            ``(1) the term `advance incremental funding', with respect 
        to a sale of articles of 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.
            ``(2) 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) Section 2208(i) of such title is amended by striking out ``that 
manufactures large caliber cannons, gun mounts, recoil mechanisms, 
ammunition, munitions, or components thereof''.
    (b) Navy Sales Authority.--(1) Chapter 645 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7525. Navy industrial facilities: sales of manufactured articles 
              or services outside Department of Defense
    ``(a) Authority To Sell Outside DOD.--(1) Subject to paragraph (2) 
the Secretary of the Navy may sell to eligible persons outside the 
Department of Defense articles and services produced by a working-
capital funded Navy industrial facility.
    ``(2) The Secretary may not exercise the authority provided by this 
section until after the Secretary certifies to Congress that a cost 
accounting system has been developed--
                    ``(A) to keep track of the costs associated with 
                making sales of articles and services under this 
                section; and
                    ``(B) to ensure that expenditures made and revenues 
                generated in such sales are not intermingled with funds 
                authorized and appropriated for the military mission of 
                the industrial facilities involved.
    ``(b) Eligible Purchasers.--Under such regulations as the Secretary 
may prescribed, the following persons shall be eligible to purchase 
articles and services under this section:
            ``(1) State and local governments.
            ``(2) Citizens of the United States and persons lawfully 
        admitted for permanent residence in the United States.
            ``(3) Business entities that conduct a significant level of 
        their research, development, engineering, and manufacturing 
        activities in the United States and the majority ownership or 
        control of which is by United States citizens.
    ``(c) Conditions on Sales.--The Secretary may make a sale under 
this section only if--
            ``(1) the purchaser agrees to hold harmless and indemnify 
        the United States, except in cases of willful conduct or 
        extreme negligence, from any claim for damages or injury to any 
        person or property arising out of the articles or services 
        purchased;
            ``(2) the Secretary determines that the requested articles 
        or services can be substantially performed by the Navy 
        industrial facility concerned with only incidental 
        subcontracting and that performance is in the public interest;
            ``(3) the Secretary determines that the sale of the 
        requested articles or services will not interfere with the 
        military mission of the Navy industrial facility concerned; and
            ``(4) the sale of the goods and services is made on the 
        basis that it will not interfere with performance of work by 
        the Navy industrial facility concerned for the Department of 
        Defense.
    ``(d) Methods of Sale.--(1) The Secretary shall permit a purchaser 
of articles or services under this section to use advance incremental 
funding to pay for the articles or services.
    ``(2) In the sale of articles and services under this section, the 
Secretary shall--
            ``(A) charge the purchaser, at a minimum, the variable 
        costs, capital improvement costs, and equipment depreciation 
        costs that are associated with the articles or services sold;
            ``(B) enter into a firm, fixed-price contract or, if agreed 
        by the purchaser, a cost reimbursement contract for the sale; 
        and
            ``(C) development 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 articles or sevices sold.
    ``(e) Deposit of Proceeds.--Proceeds from sales of articles and 
services under this section shall be deposited into the Defense 
Business Operations Fund.
    ``(f) Relationship to Arms Export Control Act.--Nothing in this 
section shall be construed to affect the application of the export 
controls provided for in section 38 of the Arms Export Control Act (22 
U.S.C. 2778) to items which incorporate or are produced through the use 
of an article sold under this section.
    ``(g) Definitions.--In this section:
            ``(1) 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.
            ``(2) 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:

``7525. Navy industrial facilities: sales of manufactured articles or 
                            services outside Department of Defense.''.
    (c) Air Force Sales Authority.--(1) Chapter 933 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 9541. Air Force industrial facilities: sales of manufactured 
              articles or services outside Department of Defense
    ``(a) Authority To Sell Outside DOD.--Subject to paragraph (2), the 
Secretary of the Air Force may sell to eligible persons outside the 
Department of Defense articles and services produced by a working-
capital funded Air Force industrial facility.
    ``(2) The Secretary may not exercise the authority provided by this 
section until after the Secretary certifies to Congress that a cost 
accounting system has been developed--
            ``(A) to keep track of the costs associated with making 
        sales of articles and services under this section; and
            ``(B) to ensure that expenditures made and revenues 
        generated in such sales are not intermingled with funds 
        authorized and appropriated for the military mission of the 
        industrial facilities involved.
    ``(b) Eligible Purchasers.--Under such regulations as the Secretary 
may prescribe, the following persons shall be eligible to purchase 
articles and services under this section:
            ``(1) State and local governments.
            ``(2) Citizens of the United States and persons lawfully 
        admitted for permanent residence in the United States.
            ``(3) Business entities that conduct a significant level of 
        their research, development, engineering, and manufacturing 
        activities in the United States and the majority ownership or 
        control of which is by United States citizens.
    ``(c) Conditions on Sales.--The Secretary may make a sale under 
this section only if--
            ``(1) the purchaser agrees to hold harmless and indemnify 
        the United States, except in cases of willful conduct or 
        extreme negligence, from any claim for damages or injury to any 
        person or property arising out of the articles or services 
        purchased;
            ``(2) the Secretary determines that the requested articles 
        or services can be substantially performed by the Air Force 
        industrial facility concerned with only incidental 
        subcontracting and that performance is in the public interest;
            ``(3) the Secretary determines that the sale of the 
        requested articles or services will not interfere with the 
        military mission of the Air Force industrial facility 
        concerned; and
            ``(4) the sale of the goods and services is made on the 
        basis that it will not interfere with performance of work by 
        the Air Force industrial facility concerned for the Department 
        of Defense.
    ``(d) Methods of Sale.--(1) The Secretary shall permit a purchaser 
of articles or services under this section to use advance incremental 
funding to pay for the articles or services.
    ``(2) In the sale of articles and services under this section, the 
Secretary shall--
            ``(A) charge the purchaser, at a minimum, the variable 
        costs, capital improvement costs, and equipment depreciation 
        costs that are associated with the articles or services sold;
            ``(B) enter into a firm, fixed-price contract or, if agreed 
        by the purchaser, a cost reimbursement contract for the sale; 
        and
            ``(C) develop and maintain (from sources other than 
        appropriated funds) working capital to be available for paying 
        design costs, planning costs, procurement costs, and other 
        costs associated with the articles or services sold.
    ``(e) Deposit of Proceeds.--Proceeds from sales of articles and 
services under this section shall be deposited into the Defense 
Business Operations Fund.
    ``(f) Relationship to Arms Export Control Act.--Nothing in this 
section shall be construed to affect the application of the export 
controls provided for in section 38 of the Arms Export Control Act (22 
U.S.C. 2778) to items which incorporate or are produced through the use 
of an article sold under this section.
    ``(g) Definitions.--In this section:
            ``(1) 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.
            ``(2) 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:

``9541. Air Force industrial facilities: sales of manufactured articles 
                            or services outside Department of 
                            Defense.''.
    (d) Control Effect of Sales Authority on Base Closure Process.--
Section 2903 of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
amended--
            (1) in subsection (c)(2)--
                    (A) by inserting after the first sentence the 
                following new sentence: ``The Secretary shall also 
                include a certification that the authorities provided 
                in sections 4543, 7525, and 9541 of title 10, United 
                States Code, for the sale outside the Department of 
                Defense of articles and services produced by working-
                capital funded industrial facilities (and any sales, 
                workloads, revenues, or other information resulting 
                from the use or availability of such authorities) were 
                not considered in preparing the list of recommendations 
                referred to in paragraph (1).''; and
                    (B) by striking out ``preceding sentence'' and 
                inserting in lieu thereof ``preceding sentences''; and
            (2) in subsection (d)(3), by inserting after the first 
        sentence the following new sentence: ``The Commission shall 
        also include in its report a certification that the authorities 
        provided in sections 4543, 7525, and 9541 of title 10, United 
        States Code, for the sale outside the Department of Defense of 
        articles and services produced by working-capital funded 
        industrial facilities (and any sales, workloads, revenues, or 
        other information resulting from the use or availability of 
        such authorities) were not considered in making its 
        recommendations for closures and realignments of military 
        installations.''.
    (e) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall take effect on June 1, 1995.

SEC. 1058. SENSE OF THE CONGRESS CONCERNING THE NORTH KOREAN NUCLEAR 
              WEAPONS DEVELOPMENT PROGRAM.

    (a) Findings.--The Congress finds that--
            (1) between 1950 and 1953, the United States led a military 
        coalition that successfully repelled an invasion of the 
        Republic of Korea by the Communist regime in North Korea, at a 
        cost of more than 54,000 American lives;
            (2) the United States and the Republic of Korea ratified a 
        Mutual Security Treaty in 1954 that commits the United States 
        to helping the Republic of Korea defend itself against external 
        aggression;
            (3) approximately 37,000 United States military personnel 
        are presently stationed in the Republic of Korea;
            (4) the United States and the Republic of Korea have 
        conducted joint military exercises, code named ``Team Spirit'', 
        regularly since 1976;
            (5) the Communist regime in North Korea has built up an 
        armed force nearly twice the size of that in the Republic of 
        Korea and has never renounced the active and ongoing use of 
        force, terrorism, and subversion in its attempts to subdue and 
        subjugate the Republic of Korea;
            (6) although the North Korean regime signed the Treaty on 
        the Non-Proliferation of Nuclear Weapons in 1985, it has never 
        permitted the unfettered international inspection of its 
        nuclear facilities that is required of all signatories of that 
        Treaty;
            (7) the Secretary of Defense has stated publicly that 
        efforts by the North Korean regime to develop enough plutonium 
        to permit the manufacture of 10 to 12 nuclear weapons per year, 
        and to develop the ballistic missile capacity of delivering 
        these and other weapons over a wide area, represent a grave 
        threat to the security of the Korean peninsula and the entire 
        world;
            (8) the North Korean regime continues to resist efforts by 
        the United States to reduce tensions on the Korean peninsula;
            (9) efforts in recent years by the United States to reduce 
        tensions on the Korean peninsula have included the withdrawal 
        of all nuclear weapons from the territory of the Republic of 
        Korea and a reduction in the number of United States military 
        personnel stationed there, the postponement of the 1994 ``Team 
        Spirit'' exercises, the establishment of direct diplomatic 
        contacts with the North Korean regime, and the offer of 
        expanded diplomatic and economic contacts with North Korea;
            (10) weapons-grade plutonium can be extracted from the fuel 
        rods in the type of nuclear facilities North Korea is known to 
        possess;
            (11) international inspectors must be permitted to examine 
        all spent fuel rods removed from North Korea's principal 
        nuclear reactor at Yongbyon and to carry out tests necessary to 
        ensure compliance with the 1992 safeguards agreement; and
            (12) the diplomatic impasse concerning the North Korean 
        nuclear program has clearly reached a critical juncture, the 
        unsatisfactory resolution of which would place the 
        international nonproliferation regime in jeopardy and threaten 
        the peace and security of the Korean peninsula, the Northeast 
        Asia region, and, by extension, the rest of the world.
    (b) Sense of the Congress.--It is the sense of the Congress that--
            (1) the North Korean regime should take an initial step 
        toward cooperation with the international nonproliferation 
        regime by permitting the unfettered international inspection of 
        the removal and eventual disposal of all spent fuel rods from 
        the Yongbyon nuclear complex, followed by a comprehensive 
        inspection process as required by the Treaty on the Non-
        Proliferation of Nuclear Weapons:
            (2) an unsatisfactory resolution of the inspection 
        controversy at Yongbyon that allows for anything less than 
        unfettered international inspection of facilities in that 
        complex should prompt the Government of the United States to 
        take such action as would indicate the severity with which it 
        views this provocation against international norms; and
            (3) such action should include, but not necessarily be 
        limited to, the seeking of international sanctions against the 
        North Korean regime and the rescheduling of the ``Team Spirit'' 
        exercises for 1994.

SEC. 1059. CONGRESSIONAL ACTION ON NEGOTIATION OF LIMITATIONS ON 
              NUCLEAR WEAPONS TESTING.

    (a) Findings.--The Congress finds the following:
            (1) On January 25, 1994, the United States joined with 37 
        other nations to begin negotiations for a comprehensive treaty 
        to ban permanently all nuclear weapons testing.
            (2) On March 14, 1994, the President decided to extend the 
        current United States nuclear testing moratorium at least 
        through September 1995.
            (3) The United States is seeking to extend indefinitely the 
        Non-Proliferation Treaty at the April 1995 NPT Extension 
        Conference.
            (4) Conclusion of a comprehensive test ban treaty could 
        contribute toward successful negotiations to extend the Non-
        Proliferation Treaty.
            (5) Agreements to eliminate nuclear testing and control the 
        spread of nuclear weapons could contribute to the national 
        security of the United States, its allies, and other nations 
        around the world.
    (b) Congressional Action.--In view of the findings set forth in 
subsection (a), the Congress--
            (1) applauds the President for maintaining the United 
        States nuclear testing moratorium and for taking a leadership 
        role toward negotiation of a comprehensive test ban treaty;
            (2) encourages all nuclear powers to refrain from 
        conducting nuclear explosions, prior to conclusion of a 
        comprehensive test ban treaty; and
            (3) urges the Conference on Disarmament to make all 
        possible progress toward a comprehensive test ban treaty by the 
        end of 1994.

SEC. 1060. SENSE OF CONGRESS AND REPORT ON READINESS OF MILITARY FORCES 
              OF THE REPUBLIC OF KOREA.

    (a) Findings.--The Congress finds the following:
            (1) Under existing treaties and security arrangements 
        between the United States and the Republic of Korea, 
        responsibility for the defense of the territory of the Republic 
        of Korea is allocated so that the Republic of Korea has primary 
        responsibility for the ground defense of its territory and the 
        United States has primary responsibility for air and sea 
        defense of the Korean peninsula and for reinforcement.
            (2) The Force Improvement Program of the Republic of Korea 
        has not addressed critical shortfalls in its ground force 
        capability which continue to exist even though the Republic of 
        Korea spends approximately $12,000,000,000 annually on defense 
        while the Democratic People's Republic of Korea spends 
        approximately $4,000,000,000 annually on defense. The Republic 
        of Korea has diverted substantial defense resources to 
        procuring submarines, destroyers, advanced aircraft, and other 
        military systems that are marginal to its primary ground 
        defense responsibility.
            (3) The defense acquisition decisions of the Republic of 
        Korea have had the effect of not allowing the Republic of Korea 
        to attain self-sufficiency in its ground defense 
        responsibility. As a result, there exists an undue burden on 
        the United States for the ground defense of the Korean 
        peninsula.
            (4) The lack of intelligence capability to forecast the 
        military intentions of the Democratic People's Republic of 
        Korea represents a major deficiency of the combined United 
        States-Republic of Korea military force.
            (5) A short-warning attack by the Democratic People's 
        Republic of Korea would cause major losses to the combined 
        United States-Republic of Korea ground force.
    (b) Sense of Congress.--It is the sense of the Congress that the 
President should urge the Republic of Korea to improve its military 
ground forces with emphasis on counterartillery capabilities, defense 
against ballistic missiles and weapons of mass destruction, combined 
United States-Republic of Korea logistics capabilities, combined United 
States-Republic of Korea medical support, and combined United States-
Republic of Korea strategic and tactical intelligence capabilities.
    (c) Report.--Not later than December 1, 1994, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report, in classified form, on--
            (1) the readiness of the military forces of the Republic of 
        Korea to defeat an attack by the military forces of the 
        Democratic People's Republic of Korea; and
            (2) the adequacy of the defense acquisition strategy of the 
        Republic of Korea to meet its primary ground defense mission.

 TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Defense Conversion, Reinvestment, 
and Transition Assistance Amendments of 1994''.

SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION 
              ASSISTANCE PROGRAMS FOR FISCAL YEAR 1995.

    (a) Funding.--Of the amounts authorized to be appropriated pursuant 
to this Act for the Department of Defense for fiscal year 1995, the sum 
of $3,256,400,000 shall be available from the sources specified in 
subsection (b) for defense conversion, reinvestment, and transition 
assistance programs.
    (b) Sources of Funds.--The amount set forth in subsection (a) shall 
be derived from the following sources in amounts as follows:
            (1) $15,000,000 of the amounts authorized to be 
        appropriated pursuant to title I.
            (2) $2,375,000,000 of the amounts authorized to be 
        appropriated pursuant to title II.
            (3) $866,400,000 of the amounts authorized to be 
        appropriated pursuant to title III.
    (c) Definition.--For purposes of this section, the term ``defense 
conversion, reinvestment, and transition assistance programs'' includes 
the following programs and activities of the Department of Defense:
            (1) The programs and activities authorized by the Defense 
        Conversion, Reinvestment, and Transition Assistance Act of 1992 
        (division D of Public Law 102-484; 106 Stat. 2658) and the 
        amendments made by that Act.
            (2) The programs and activities authorized by the Defense 
        Conversion, Reinvestment, and Transition Assistance Amendments 
        of 1993 (title XIII of Public Law 103-160; 107 Stat. 1783) and 
        the amendments made by that Act.
            (3) The programs and activities authorized by this title 
        and the amendments made by this title.

      Subtitle A--Defense Technology and Industrial Base, Defense 
                  Reinvestment, and Defense Conversion

SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT PROGRAMS FOR 
              FISCAL YEAR 1995.

    (a) Funds Available.--Of the amount authorized to be appropriated 
under section 201 for Defense-wide activities and specified in section 
1102(b) as a source of funds for defense conversion, reinvestment, and 
transition assistance programs, $771,600,000 shall be available for 
activities described in the defense reinvestment program element of the 
budget of the Department of Defense for fiscal year 1995.
    (b) Allocation of Funds.--The funds made available under subsection 
(a) shall be allocated as follows:
            (1) $295,600,000 shall be available for defense dual-use 
        critical technology partnerships under section 2511 of title 
        10, United States Code.
            (2) $80,000,000 shall be available for commercial-military 
        integration partnerships under section 2512 of such title.
            (3) $80,000,000 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) $45,000,000 shall be available for support of 
        manufacturing extension programs under section 2523 of such 
        title.
            (6) $65,000,000 shall be available for the defense dual-use 
        extension program under section 2524 of such title, of which--
                    (A) $15,000,000 shall be used for assistance 
                pursuant to subsection (c)(3) of such section; and
                    (B) $50,000,000 shall be available to cover the 
                costs (as defined in section 502(5) of the Federal 
                Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
                guarantees issued pursuant to subsection (b)(3) of such 
                section.
            (7) $24,000,000 shall be available for defense 
        manufacturing engineering education grants under section 2196 
        of such title.
            (8) $30,000,000 shall be available for the advanced 
        materials synthesis and processing partnership program.
            (9) $35,000,000 shall be available for the agile 
        manufacturing/enterprise integration program.
            (10) $50,000,000 shall be available for the maritime 
        technology program, as provided for in section 1352(c)(2) of 
        the National Shipbuilding and Shipyard Conversion Act of 1993 
        (subtitle D of title XIII of Public Law 103-160; 10 U.S.C. 2501 
        note).
            (11) $37,000,000 shall be available to the Secretary of 
        Defense to support the activities of the Department of Defense 
        and Department of Justice Dual-Use Technology Research and 
        Development Center.
    (c) Availability of Funds for Fiscal Year 1994 Technology 
Reinvestment Projects.--Funds allocated under paragraphs (1) through 
(7) of subsection (b) to the defense reinvestment programs described in 
such paragraphs may also be used to make awards to technology 
reinvestment projects that were solicited under such programs in fiscal 
year 1994.

SEC. 1112. CLARIFICATION OF ELIGIBLE NON-DEPARTMENT OF DEFENSE 
              PARTICIPANTS IN TECHNOLOGY REINVESTMENT PROJECTS.

    (a) Definition of Eligible Entities.--Section 2491 of title 10, 
United States Code, is amended--
            (1) by redesignating paragraphs (9) through (15) as 
        paragraphs (10) through (16), respectively; and
            (2) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) The term `eligible entity' means an eligible firm or 
        a labor organization (as defined in section 2(5) of the 
        National Labor Relations Act (29 U.S.C. 152(5))).''.
    (b) Conforming Amendments.--(1) Section 2511 of title 10, United 
States Code, is amended--
            (A) in subsection (b)--
                    (i) by striking out ``eligible firms'' both places 
                it appears and inserting in lieu thereof ``eligible 
                entities''; and
                    (ii) by striking out ``such firms'' and inserting 
                in lieu thereof ``such eligible entities''; and
            (B) in subsection (f)(6), by striking out ``eligible 
        firms'' and inserting in lieu thereof ``eligible entities''.
    (2) Section 2512 of such title is amended--
            (A) in subsection (a)--
                    (i) by striking out ``eligible firms'' and 
                inserting in lieu thereof ``eligible entities''; and
                    (ii) by striking out ``such firms'' and inserting 
                in lieu thereof ``such eligible entities''; and
            (B) in subsection (e)(6), by striking out ``eligible 
        firms'' and inserting in lieu thereof ``eligible entities''.
    (3) Section 2513 of such title is amended--
            (A) in subsection (c)(1)(A)(i), by inserting before the 
        semicolon the following: ``or other eligible entities operating 
        in such region'';
            (B) in subsection (e), by striking out ``eligible firms'' 
        both places it appears and inserting in lieu thereof ``eligible 
        entities''; and
            (C) in subsection (f)--
                    (i) by striking out ``eligible firms'' and 
                inserting in lieu thereof ``eligible entities''; and
                    (ii) by striking out ``such firms'' and inserting 
                in lieu thereof ``such eligible entities''.
    (4) Section 2522(b) of such title is amended--
            (A) by striking out ``eligible firms'' both places it 
        appears and inserting in lieu thereof ``eligible entities''; 
        and
            (B) by striking out ``such firms'' and inserting in lieu 
        thereof ``such eligible entities''.

SEC. 1113. ADDITIONAL CRITERIA FOR LOAN GUARANTEES UNDER THE DEFENSE 
              DUAL-USE ASSISTANCE EXTENSION PROGRAM.

    Section 2524(f) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) In the case of loan guarantees under subsection 
        (b)(3), the extent to which the loans to be guaranteed would 
        support the retention of defense workers whose employment would 
        otherwise be permanently or temporarily terminated as a result 
        of reductions in expenditures by the United States for defense, 
        the termination or cancellation of a defense contract, the 
        failure to proceed with an approved major weapon system, the 
        merger or consolidation of the operations of a defense 
        contractor, or the closure or realignment of a military 
        installation.''.

SEC. 1114. FINANCIAL COMMITMENT REQUIREMENTS FOR SMALL BUSINESS 
              CONCERNS FOR PARTICIPATION IN TECHNOLOGY REINVESTMENT 
              PROJECTS.

    (a) Defense Dual-Use Critical Technology Partnerships.--Section 
2511(c) of title 10, United States Code, is amended by adding at the 
end the following new paragraph:
    ``(3) The Secretary shall consider a partnership proposal submitted 
by a small business concern without regard to the ability of the small 
business concern to immediately meet its share of the anticipated 
partnership costs. Upon the selection of a partnership proposal 
submitted by a small business concern, the Secretary shall extend to 
the small business concern a period of not less than 90 days within 
which to arrange to meet its financial commitment requirements under 
the partnership from sources other than a person of a foreign country. 
If the Secretary determines upon the expiration of that period that the 
small business concern will be unable to meet its share of the 
anticipated partnership costs, the Secretary may revoke the selection 
of the partnership proposal submitted by the small business concern.''.
    (b) Commercial-Military Integration Partnerships.--Section 
2512(c)(3) of such title is amended by adding at the end the following 
new subparagraph:
    ``(C) The Secretary shall consider a partnership proposal submitted 
by a small business concern without regard to the ability of the small 
business concern to immediately meet its share of the anticipated 
partnership costs. Upon the selection of a partnership proposal 
submitted by a small business concern, the Secretary shall extend to 
the small business concern a period of not less than 90 days within 
which to arrange to meet its financial commitment requirements under 
the partnership from sources other than a person of a foreign country. 
If the Secretary determines upon the expiration of that period that the 
small business concern will be unable to meet its share of the 
anticipated partnership costs, the Secretary may revoke the selection 
of the partnership proposal submitted by the small business concern.''.
    (c) Regional Technology Alliances Assistance Program.--Section 
2513(e) of such title is amended by adding at the end the following new 
paragraph:
    ``(4) The Secretary shall consider a proposal for a regional 
technology alliance that is submitted by a small business concern 
without regard to the ability of the small business concern to 
immediately meet its share of the anticipated costs of the alliance. 
Upon the selection of a proposal submitted by a small business concern, 
the Secretary shall extend to the small business concern a period of 
not less than 90 days within which to arrange to meet its financial 
commitment requirements under the regional technology alliance from 
sources other than a person of a foreign country. If the Secretary 
determines upon the expiration of that period that the small business 
concern will be unable to meet its share of the anticipated costs, the 
Secretary may revoke the selection of the proposal submitted by the 
small business concern.''.
    (d) Manufacturing Extension Programs.--Section 2523(b)(3) of such 
title is amended by adding at the end the following new subparagraph:
    ``(E) The Secretary shall consider a proposal for a manufacturing 
extension program that is submitted by a small business concern without 
regard to the ability of the small business concern to immediately meet 
its share of the anticipated costs of the program. Upon the selection 
of a proposal submitted by a small business concern, the Secretary 
shall extend to the small business concern a period of not less than 90 
days within which to arrange to meet its financial commitment 
requirements under the manufacturing extension program from sources 
other than a person of a foreign country. If the Secretary determines 
upon the expiration of that period that the small business concern will 
be unable to meet its share of the anticipated costs, the Secretary may 
revoke the selection of the partnership proposal submitted by the small 
business concern.''.
    (e) Defense Dual-Use Assistance Extension Program.--Section 2524(d) 
of such title is amended by adding at the end the following new 
paragraph:
    ``(3) The Secretary shall consider a program proposal submitted by 
a small business concern without regard to the ability of the small 
business concern to immediately meet its share of the anticipated 
partnership costs. Upon the selection of a proposal submitted by a 
small business concern, the Secretary shall extend to the small 
business concern a period of not less than 90 days within which to 
arrange to meet its financial commitment requirements under the program 
from sources other than a person of a foreign country. If the Secretary 
determines upon the expiration of that period that the small business 
concern will be unable to meet its share of the anticipated program 
costs, the Secretary may revoke the selection of the program proposal 
submitted by the small business concern.''.
    (f) Definition of Person of a Foreign Country.--Section 2491 of 
such title, as amended by section 1112(a) of this Act, is further 
amended by adding at the end the following new paragraph:
            ``(17) The term `person of a foreign country' has the 
        meaning given such term in section 3502(d) of the Primary 
        Dealers Act of 1988 (22 U.S.C. 5342(d)).''.

SEC. 1115. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT 
              PROJECTS.

    (a) Benefits to United States Economy.--In providing for the 
establishment or financial support of partnerships and other 
cooperative arrangements under chapter 148 of title 10, United States 
Code, using funds made available under section 1111(a), the Secretary 
of Defense shall ensure that the principal economic benefits of, and 
the job creation resulting from, such arrangements accrue to the 
economy of the United States.
    (b) Use of Competitive Selection Procedures.--Funds made available 
under subsection (a) of section 1111 for defense reinvestment programs 
described in subsection (b) of such section shall only be provided to 
projects selected using competitive procedures pursuant to a 
solicitation incorporating cost-sharing requirements for the non-
Federal Government participants in the projects.

        Subtitle B--Community Adjustment and Assistance Programs

SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR 
              STATES AND LOCAL GOVERNMENTS FROM OFFICE OF ECONOMIC 
              ADJUSTMENT.

    Of the amount made available pursuant to section 1102(a), 
$54,100,000 shall be available to provide community adjustment and 
economic diversification assistance under section 2391(b) of title 10, 
United States Code.

SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICATION.

    (a) Form of Community Adjustment and Economic Diversification.--
Section 2391(d) of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(3) The terms `community adjustment' and `economic 
        diversification' include the development of feasibility studies 
        and business plans for market diversification by businesses and 
        labor organizations located in a community adversely affected 
        by an action described in clause (A), (B), (C), or (E) of 
        subsection (b)(1).''.
    (b) Funding for Fiscal Year 1995.--Of the amount made available 
under section 1121, $10,000,000 shall be available only to provide 
community adjustment and economic diversification assistance under 
section 2391(b) of title 10, United States Code, for the purpose of 
developing feasibility studies and business plans for market 
diversification by businesses and labor organizations located in 
communities adversely affected by an action described in clause (A), 
(B), (C), or (E) of paragraph (1) of such section. The funds provided 
to a particular State or local government under this subsection in 
fiscal year 1995 may not exceed $50,000.

SEC. 1123. ADVANCE COMMUNITY ADJUSTMENT AND ECONOMIC DIVERSIFICATION 
              PLANNING.

    (a) Assistance Authorized.--Section 2391(b) of title 10, United 
States Code, is amended--
            (1) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
    ``(5) The Secretary of Defense may also make grants, conclude 
cooperative agreements, and supplement other Federal funds in order to 
assist a State or local government in planning community adjustments 
and economic diversification even though the State or local government 
is not currently eligible for assistance under paragraph (1) if the 
Secretary determines that a substantial portion of the economic 
activity or population of the geographic area to be subject to the 
advance planning is dependent on defense expenditures.''.
    (b) Conforming Amendments.--Paragraph (8) of such section, as 
redesignated by subsection (a)(1), is amended by striking out 
``paragraph (6)'' both places it appears and inserting in lieu thereof 
``paragraph (7)''.
    (c) Funding for Fiscal Year 1995.--Of the amount made available 
under section 1121, $5,000,000 shall be available only to provide 
advance adjustment planning under paragraph (5) of section 2391(b) of 
title 10, United States Code, as added by subsection (a)(2). The funds 
provided to a particular State or local government under such paragraph 
in fiscal year 1995 may not exceed $1,000,000.

   Subtitle C--Personnel Adjustment, Education, and Training Programs

SEC. 1131. CONTINUATION OF TEACHER AND TEACHER'S AIDE PLACEMENT 
              PROGRAMS.

    Of the amount made available pursuant to section 1102(a), 
$65,000,000 shall be available for the teacher and teacher's aide 
placement programs authorized by sections 1151, 1598, and 2410j of 
title 10, United States Code.

SEC. 1132. PROGRAMS TO PLACE SEPARATED MEMBERS AND TERMINATED DEFENSE 
              EMPLOYEES IN EMPLOYMENT POSITIONS AS PUBLIC SAFETY 
              OFFICERS.

    (a) Separated Members.--Section 1152 of title 10, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking out ``law enforcement officers'' 
                and inserting in lieu thereof ``public safety 
                officers''; and
                    (B) by inserting ``or fire departments'' after 
                ``agencies'';
            (2) in subsection (b)(1)(B), by inserting ``or fire 
        fighting,'' after ``police)'';
            (3) in subsection (d)(1)--
                    (A) by striking out ``law enforcement officers'' 
                and inserting in lieu thereof ``public safety 
                officers'';
                    (B) by inserting ``and fire departments'' after 
                ``law enforcement agencies'';
                    (C) by striking out ``with these agencies''; and
                    (D) by striking out ``a law enforcement agency'' 
                and inserting in lieu thereof ``the agency or 
                department'';
            (4) in subsection (d)(2)--
                    (A) by striking out ``law enforcement officer'' and 
                inserting in lieu thereof ``public safety officer'';
                    (B) by inserting ``or fire department'' after ``law 
                enforcement agency'' the first place it appears; and
                    (C) by striking out ``law enforcement agency'' the 
                second place it appears and inserting in lieu thereof 
                ``agency or department'';
            (5) in subsection (d)(4)--
                    (A) by inserting ``or fire department'' after ``law 
                enforcement agency'' the first place it appears; and
                    (B) by inserting ``or department'' after ``the 
                agency'';
            (6) in subsection (d)(5)--
                    (A) by inserting ``or fire department'' after ``law 
                enforcement agency'' the first place it appears; and
                    (B) by striking out ``law enforcement agency'' the 
                second place it appears and inserting in lieu thereof 
                ``agency or department'';
            (7) in subsection (e)(1), by inserting ``and fire 
        departments'' after ``law enforcement agencies''; and
            (8) in subsection (f)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) The term `public safety officer' means a law 
        enforcement officer or a firefighter.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) The term `firefighter' includes a public employee 
        member of a rescue squad or ambulance crew.''.
    (b) Terminated Employees.--Chapter 81 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 1598a. Assistance to terminated employees to obtain employment 
              as public safety officers
    ``(a) Placement Program.--The Secretary of Defense may establish a 
program to assist eligible civilian employees of the Department of 
Defense after the termination of their employment to obtain employment 
as public safety officers with State and local law enforcement agencies 
or fire departments.
    ``(b) Eligible Employees.--(1) A civilian employee of the 
Department of Defense shall be eligible for selection by the Secretary 
of Defense to participate in the placement program authorized by 
subsection (a) if the employee--
            ``(A) during the five-year period beginning October 1, 
        1994, is 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; or
            ``(B) has occupational training or experience related to 
        law enforcement or fire fighting or satisfies such other 
        criteria for selection as the Secretary of Defense may 
        prescribe.
    ``(2) The Secretary of Defense may accept an application from a 
civilian employee referred to in paragraph (1) who was terminated 
during the period beginning on October 1, 1990, and ending on October 
1, 1994, if the employee otherwise satisfies the eligibility criteria 
specified in that paragraph.
    ``(c) Selection of Participants.--(1) The Secretary of Defense 
shall select civilian employees to participate in the placement program 
on the basis of applications submitted to the Secretary not later than 
one year after the date the employees receive a notice of termination. 
An application shall be in such form and contain such information as 
the Secretary may require.
    ``(2) The Secretary may not select a civilian employee 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 the program with respect to that participant.
    ``(d) Placement of Participants as Public Safety Officers.--
Subsections (d), (e), and (f) of section 1152 of this title shall apply 
with respect to the placement program authorized by this section.''.
    (c) Clerical Amendments.--(1) The heading of section 1152 of title 
10, United States Code, is amended to read as follows:
``Sec. 1152. Assistance to separated members to obtain employment as 
              public safety officers''.
    (2) The table of sections at the beginning of chapter 58 of such 
title is amended by striking out the item relating to section 1152 and 
inserting in lieu thereof the following new item:

``1152. Assistance to separated members to obtain employment as public 
                            safety officers.''.
    (3) The table of sections at the beginning of chapter 81 of such 
title is amended by adding at the end the following new item:

``1598a. Assistance to terminated employees to obtain employment as 
                            public safety officers.''.
    (d) Funding for Fiscal Year 1995.--Of the amount made available 
pursuant to section 1102(a), $25,000,000 shall be available for the 
public safety officer placement programs authorized by sections 1152 
and 1598a of title 10, United States Code.

SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEMBERS AND TERMINATED 
              DEFENSE EMPLOYEES IN TEACHING POSITIONS AS BILINGUAL MATH 
              AND SCIENCE TEACHERS.

    (a) Cooperative Arrangements.--During fiscal year 1995, the 
Secretary of Defense shall carry out a pilot program to establish 
cooperative arrangements between the Department of Defense and a 
consortium of two or more entities described in subsection (b) for the 
purpose of assisting bilingual members of the Armed Forces after their 
separation from active duty, and bilingual civilian employees of the 
Department of Defense after the termination of their employment, to 
obtain certification and employment as bilingual elementary or 
secondary school teachers in mathematics or science.
    (b) Eligible Entities.--The entities with which the Secretary of 
Defense may enter into a cooperative arrangement under the pilot 
program are as follows:
            (1) Local governments of States that contain military 
        installations and a high concentration of residents of Hispanic 
        descent.
            (2) A consortium of two or more Hispanic-serving 
        institutions of higher education (as defined in section 
        316(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)(1))) that have a solid background, expertise, and 
        experience in operating bilingual teacher training programs in 
        mathematics and science with an emphasis in English as a second 
        language.
    (c) Eligible Members and Employees.--(1) A member of the Armed 
Forces shall be eligible to participate in a cooperative arrangement 
established under the pilot program if the member--
            (A) during the seven-year period beginning on October 1, 
        1992, is discharged or released from active duty after six or 
        more years of continuous active duty immediately before the 
        discharge or release;
            (B) has received a baccalaureate or advanced degree from an 
        accredited institution of higher education;
            (C) is bilingual; and
            (D) satisfies such other criteria for selection as the 
        Secretary of Defense may prescribe.
    (2) A civilian employee of the Department of Defense shall be 
eligible to participate in a cooperative arrangement established under 
the pilot program if the employee--
            (A) during the five-year period beginning October 1, 1992, 
        is terminated 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;
            (B) has received a baccalaureate or advanced degree from an 
        accredited institution of higher education;
            (C) is bilingual; and
            (D) satisfies such other criteria for selection as the 
        Secretary of Defense may prescribe.
    (d) Stipend for Participants.--A member of the Armed Forces or a 
civilian employee of the Department of Defense who participates in a 
cooperative arrangement established under the pilot program shall be 
eligible to receive an educational stipend in the same amount as 
provided under paragraph (1) of subsection (g) of section 1151 of title 
10, United States Code, subject to the conditions specified in 
paragraphs (2) and (3) of such subsection and section 1598(e)(2) of 
such title.
    (e) Administrative Costs.--The Secretary of Defense shall cover the 
reasonable management costs of the pilot program incurred by the non-
Federal entities participating in the cooperative arrangements 
established under the pilot program.
    (f) Definitions.--For purposes of this section:
            (1) The term ``bilingual'' means the ability to communicate 
        in both the English and Spanish languages.
            (2) The term ``State'' includes the District of Columbia, 
        American Samoa, the Federated States of Micronesia, Guam, the 
        Republic of the Marshall Islands, the Commonwealth of the 
        Northern Mariana Islands, the Commonwealth of Puerto Rico, 
        Palau, and the Virgin Islands.
    (g) Funding for Fiscal Year 1995.--Of the amount made available 
pursuant to section 1102(a), $3,000,000 shall be available to the 
Secretary of Defense to carry out this section.

SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPARATED MEMBERS AND 
              TERMINATED DEFENSE WORKERS TO BECOME BUSINESS OWNERS.

    (a) Business Ownership Demonstration Project.--During fiscal year 
1995, the Secretary of Defense may carry out a demonstration project in 
not more than two eligible communities to assist separated members of 
the Armed Forces and terminated defense workers described in subsection 
(c) who reside in the community to own their own businesses. The 
Secretary shall carry out the demonstration project in consultation 
with the Secretary of Commerce.
    (b) Eligible Communities.--To be eligible for selection by the 
Secretary of Defense as a site for the demonstration project, a 
community shall be required to meet two of the following conditions:
            (1) The local economy is heavily dependent on a defense 
        contractor that is in the process of terminating a major 
        defense contract (or having such contract terminated by the 
        Department of Defense) or closing a major facility.
            (2) The local economy may be adversely affected by changes 
        in the use of a national laboratory previously needed for the 
        testing of nuclear weapons.
            (3) The local economy would be adversely affected by the 
        closing of two or more military installations.
    (c) Members and Defense Workers To Be Assisted.--The purpose of the 
demonstration project is to assist the following persons to own their 
own businesses:
            (1) Members of the Armed Forces who are discharged or 
        released from active duty.
            (2) Civilian employees of the Department of Defense who are 
        terminated from such employment as a result of reductions in 
        defense spending or the closure or realignment of a military 
        installation, as determined by the Secretary of Defense.
            (3) Employees of defense contractors who are terminated or 
        laid off (or receive a notice of termination or layoff) as a 
        result of the completion or termination of a defense contract 
        or program or reductions in defense spending, as determined by 
        the Secretary of Defense.
    (d) Activities Under Demonstration Project.--Under the 
demonstration project, the Secretary of Defense shall--
            (1) develop a business plan to establish a facility in each 
        community in which the demonstration project is conducted to 
        assist persons described in subsection (c) to own their own 
        businesses;
            (2) conduct a market study to identify markets for the 
        facility;
            (3) develop innovative approaches to capital formation for 
        the facility and persons described in subsection (c);
            (4) conduct a skills assessment study to determine the 
        number and type of employees needed to operate the facility; 
        and
            (5) analyze the potential to use persons described in 
        subsection (c) as employees of the facility.

SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP RECYCLING AS A METHOD 
              TO ASSIST SEPARATED MEMBERS AND TERMINATED DEFENSE 
              WORKERS.

    (a) Ship Recycling Demonstration Project.--The Secretary of Defense 
may carry out a demonstration project in not more than three eligible 
locations to assist separated members of the Armed Forces and 
terminated defense workers described in subsection (c) to obtain 
employment by participating in the establishment and operation of ship 
recycling facilities.
    (b) Eligible Locations.--A location shall be eligible for selection 
by the Secretary of Defense as a site for the demonstration project if 
the location contains one or more military installations that have been 
selected for closure or realignment pursuant to a base closure law and 
such installations include naval and port facilities. Competitive 
procedures shall be used in the selection of locations in which to 
conduct the demonstration project.
    (c) Members and Defense Workers To Be Assisted.--The purpose of the 
demonstration project is to promote the establishment and operation of 
ship recycling facilities that will provide employment for the 
following persons:
            (1) Members of the Armed Forces who are discharged or 
        released from active duty.
            (2) Civilian employees of the Department of Defense who are 
        terminated from such employment as a result of reductions in 
        defense spending or the closure or realignment of a military 
        installation, as determined by the Secretary of Defense.
            (3) Employees of defense contractors who are terminated or 
        laid off (or receive a notice of termination or layoff) as a 
        result of the completion or termination of a defense contract 
        or program or reductions in defense spending, as determined by 
        the Secretary of Defense.
    (d) Assistance Authorized.--To carry out the demonstration project 
in an eligible location selected by the Secretary, the Secretary may 
make grants to, and enter into contracts and cooperative agreements 
with, State governments, local governments, private entities, nonprofit 
organizations, and institutions of higher education operating in that 
location.
    (e) Activities Supported.--An entity (or group of such entities) 
receiving assistance under the demonstration project shall use the 
assistance to perform, or support the performance of, any of the 
following:
            (1) Develop a business plan to establish a ship recycling 
        facility for military and commercial ships currently in service 
        and projected for future scrapping.
            (2) In consultation with the private sector, conduct a 
        market study of--
                    (A) the existing private sector capacity to perform 
                ship recycling;
                    (B) the utilization of existing ship recycling 
                capacity;
                    (C) the regional impact on markets for scrap 
                generated from ship recycling;
                    (D) the environmental remediation requirements 
                associated with ship recycling;
                    (E) the ability to incorporate the private sector 
                into the ship recycling facilities established pursuant 
                to the demonstration; and
                    (F) such other issues related to ship recycling as 
                the Secretary considers appropriate.
            (3) Conduct a skills assessment study to determine the 
        number and type of employees needed to operate a ship recycling 
        facility.
            (4) Develop plans for the cost effective environmental 
        remediation of ships to be recycled at the facility.
            (5) Demonstrate the feasibility of a ship recycling 
        facility to become financially self-sustaining or project a 
        reasonable timetable for the completion of the demonstration 
        project, in which case the entity shall develop training, 
        skills enhancement, and career placement programs to assist 
        employees involved in ship recycling to secure new occupations 
        and careers.
            (6) Support regional ship recycling start-up activities.
            (7) Analyze the potential to use persons described in 
        subsection (c) as employees at a ship recycling facility.
    (f) Transfer of Excess Naval Vessels.--The Secretary of Defense may 
allocate among the ship recycling facilities established under the 
demonstration project excess naval vessels of the United States for 
recycling.
    (g) Funding for Fiscal Year 1995.--Of the amount made available 
pursuant to section 1102(a), $15,000,000 shall be available to the 
Secretary of Defense to carry out the demonstration project.

SEC. 1136. ADMINISTRATION AND FUNDING OF DEFENSE DIVERSIFICATION 
              PROGRAM AND DEFENSE CONVERSION ADJUSTMENT PROGRAM UNDER 
              JOB TRAINING PARTNERSHIP ACT.

    (a) Defense Diversification Program.--Section 325A of the Job 
Training Partnership Act (29 U.S.C. 1662d-1) is amended--
            (1) in subsection (a), by striking out ``From the amount'' 
        and all that follows through ``Labor,'' and inserting in lieu 
        thereof ``From funds made available to carry out this section, 
        the Secretary, in consultation with the Secretary of 
        Defense,'';
            (2) in subsections (c), (d), (e), (i), (k)(2), (l), and 
        (m), by striking out ``Secretary of Defense'' each place it 
        appears and inserting in lieu thereof ``Secretary'';
            (3) in subsection (d)(1)(A), by striking out ``in 
        consultation with the Secretary of Labor,'';
            (4) in the heading of subsection (e), by striking out ``by 
        Secretary of Defense'';
            (5) in subsection (k)(1), by striking out ``Secretary of 
        Defense, in consultation with the Secretary of Labor,'' and 
        inserting in lieu thereof ``Secretary, in consultation with the 
        Secretary of Defense,''; and
            (6) in subsection (n), by striking out ``Secretary of 
        Defense, in consultation with the Secretary of Labor,'' and 
        inserting in lieu thereof ``Secretary, in consultation with the 
        Secretary of Defense,''.
    (b) Defense Conversion Adjustment Program.--Section 325(a) of the 
Job Training Partnership Act (29 U.S.C. 1662d(a)) is amended by 
striking out ``From the amount appropriated pursuant to section 4203 of 
the Defense Economic Adjustment, Diversification, Conversion, and 
Stabilization Act of 1990,'' and inserting in lieu thereof ``From funds 
made available to carry out this section,''.

SEC. 1137. EXPANSION OF PERSONNEL ADJUSTMENT, EDUCATION, AND TRAINING 
              PROGRAMS TO INCLUDE COAST GUARD.

    (a) Preseparation Counseling.--As soon as possible after the date 
of the enactment of this Act, the Secretary of Transportation shall 
implement the requirements of section 1142 of title 10, United States 
Code, for the Coast Guard.
    (b) Employment Assistance, Job Training Assistance, and Other 
Transitional Assistance.--Section 1144 of title 10, United States Code, 
is amended--
            (1) in subsection (a)(1)--
                    (A) by inserting ``, the Secretary of 
                Transportation,'' after ``Secretary of Defense''; and
                    (B) by striking out ``of a military department'' 
                and inserting in lieu thereof ``concerned'';
            (2) in subsection (a)(2), by inserting ``, the Secretary of 
        Transportation,'' after ``Secretary of Defense'';
            (3) in subsection (b)(4), by striking out ``Department of 
        Defense is'' and inserting in lieu thereof ``Department of 
        Defense and the Department of Transportation are'';
            (4) in subsection (c), by inserting ``and the Secretary of 
        Transportation'' after ``Secretary of Defense''; and
            (5) in subsection (d)(2), by inserting ``and the Department 
        of Transportation'' after ``Department of Defense''.
    (c) Teacher and Teacher's Aide Placement Program.--Section 1151 of 
such title is amended--
            (1) in subsection (a), by inserting ``, and the Secretary 
        of Transportation with respect to the Coast Guard,'' after 
        ``Secretary of Defense'';
            (2) in subsection (b), by inserting ``and the Secretary of 
        Transportation'' after ``Secretary of Defense'' in the matter 
        preceding the paragraphs;
            (3) in subsection (c)(1)--
                    (A) by striking out ``by the Secretary of Defense'' 
                in the matter preceding the subparagraphs; and
                    (B) in subparagraph (C), by inserting ``of Defense, 
                or the Secretary of Transportation with respect to the 
                Coast Guard,'' after ``Secretary'';
            (4) in subsection (c)(4), by striking out ``Secretary'' and 
        inserting in lieu thereof ``Secretaries'';
            (5) in subsection (d), by inserting ``and the Secretary of 
        Transportation'' after ``Secretary of Defense'';
            (6) in subsection (e)(1)--
                    (A) by inserting ``, and the Secretary of 
                Transportation with respect to the Coast Guard,'' after 
                ``Secretary of Defense'';
                    (B) by striking out ``subsection (c)(3), the 
                Secretary'' and inserting in lieu thereof ``subsection 
                (c)(4), the Secretaries''; and
                    (C) by striking out ``Secretary may'' and inserting 
                in lieu thereof ``Secretaries may'';
            (7) in subsection (e)(2), by striking out ``Secretary'' the 
        first two places it appears and inserting in lieu thereof 
        ``Secretaries'';
            (8) in subsection (e)(3)--
                    (A) by inserting ``of Defense, and the Secretary of 
                Transportation with respect to the Coast Guard,'' after 
                ``The Secretary''; and
                    (B) by inserting ``involved'' after ``unless the 
                Secretary'';
            (9) in subsection (e)(4), by striking out ``Secretary'' 
        both places it appears and inserting in lieu thereof 
        ``Secretaries'';
            (10) in subsection (f)--
                    (A) by inserting ``, or the Secretary of 
                Transportation with respect to the Coast Guard,'' after 
                ``Secretary of Defense'' in the matter preceding the 
                paragraphs; and
                    (B) in paragraph (1), by inserting ``involved'' 
                after ``the Secretary'';
            (11) in subsection (g)(1), by inserting ``, and the 
        Secretary of Transportation with respect to the Coast Guard,'' 
        after ``Secretary of Defense'' in the matter preceding the 
        subparagraphs;
            (12) in subsection (h)--
                    (A) in paragraph (1), by inserting ``and the 
                Secretary of Transportation'' after ``Secretary of 
                Defense''; and
                    (B) by inserting ``involved'' after ``Secretary'' 
                each place it appears in paragraphs (2) through (6);
            (13) in subsection (h)(7)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``of Defense, and the 
                        Secretary of Transportation with respect to the 
                        Coast Guard,'' after ``the Secretary'' in the 
                        first sentence; and
                            (ii) by inserting ``involved'' after ``The 
                        Secretary'' in the second sentence; and
                    (B) in subparagraph (C), by inserting ``involved'' 
                after ``The Secretary'';
            (14) in subsection (i)--
                    (A) in paragraph (1), by inserting ``, or the 
                Secretary of Transportation with respect to the Coast 
                Guard,'' after ``Secretary of Defense''; and
                    (B) in paragraph (2), by striking out ``Secretary'' 
                both places it appears and inserting in lieu thereof 
                ``Secretaries''; and
            (15) in subsection (j)--
                    (A) in paragraph (1)(F), by inserting ``, or the 
                Secretary of Transportation with respect to the Coast 
                Guard'' after ``Secretary of Defense''; and
                    (B) in paragraph (2), by inserting ``involved'' 
                after ``Secretary'' both places it appears.
    (d) Public Safety Officer Placement Program.--Section 1152 of such 
title, as amended by section 1132(a), is further amended--
            (1) in subsection (a), by inserting ``, and the Secretary 
        of Transportation with respect to the Coast Guard,'' after 
        ``Secretary of Defense'';
            (2) in subsection (b)(1)(B), by inserting ``, or the 
        Secretary of Transportation with respect to the Coast Guard,'' 
        after ``Secretary of Defense'';
            (3) in subsection (c)(1)--
                    (A) by inserting ``, and the Secretary of 
                Transportation with respect to the Coast Guard,'' after 
                ``Secretary of Defense'';
                    (B) by striking out ``to the Secretary'' and 
                inserting in lieu thereof ``to the Secretaries''; and
                    (C) by striking out ``Secretary may'' and inserting 
                in lieu thereof ``Secretaries may'';
            (4) in subsection (c)(2)--
                    (A) by inserting ``of Defense, and the Secretary of 
                Transportation with respect to the Coast Guard,'' after 
                ``The Secretary''; and
                    (B) by inserting ``involved'' after ``unless the 
                Secretary'';
            (5) in subsection (d)--
                    (A) in paragraph (1) by inserting ``and the 
                Secretary of Transportation'' after ``Secretary of 
                Defense''; and
                    (B) by inserting ``involved'' after ``Secretary'' 
                each place it appears in paragraphs (2) through (5); 
                and
            (6) in subsection (e)--
                    (A) in paragraph (1), by inserting ``, and the 
                Secretary of Transportation with respect to the Coast 
                Guard,'' after ``the Secretary of Defense''; and
                    (B) in paragraph (2), by inserting ``involved'' 
                after ``The Secretary''.
    (e) Health Care Placement Program.--Section 1153 of such title is 
amended--
            (1) in subsection (a), by inserting ``, and the Secretary 
        of Transportation with respect to the Coast Guard,'' after 
        ``Secretary of Defense'';
            (2) in subsection (b)(1)--
                    (A) by striking out ``by the Secretary of Defense'' 
                in the matter preceding the subparagraphs; and
                    (B) in subparagraph (C), by inserting ``of Defense, 
                or the Secretary of Transportation with respect to the 
                Coast Guard,'' after ``Secretary'';
            (3) in subsection (c)(1)--
                    (A) by inserting ``, and the Secretary of 
                Transportation with respect to the Coast Guard,'' after 
                ``Secretary of Defense'';
                    (B) by striking out ``to the Secretary'' and 
                inserting in lieu thereof ``to the Secretaries''; and
                    (C) by striking out ``Secretary may'' and inserting 
                in lieu thereof ``Secretaries may'';
            (4) in subsection (c)(2)--
                    (A) by inserting ``of Defense, and the Secretary of 
                Transportation with respect to the Coast Guard,'' after 
                ``The Secretary''; and
                    (B) by inserting ``involved'' after ``unless the 
                Secretary'';
            (5) in subsection (c)(3), by striking out ``Secretary'' 
        both places it appears and inserting in lieu thereof 
        ``Secretaries'';
            (6) in subsection (d)--
                    (A) in paragraph (1) by inserting ``and the 
                Secretary of Transportation'' after ``Secretary of 
                Defense''; and
                    (B) by inserting ``involved'' after ``Secretary'' 
                each place it appears in paragraphs (2) through (5); 
                and
            (7) in subsection (e)--
                    (A) in paragraph (1), by inserting ``, and the 
                Secretary of Transportation with respect to the Coast 
                Guard,'' after ``the Secretary of Defense''; and
                    (B) in paragraph (2), by inserting ``involved'' 
                after ``The Secretary''.
    (f) Upward Bound.--Section 4466 of the Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992 (division D of 
Public Law 102-484; 10 U.S.C. 1143 note) is amended by adding at the 
end the following new subsection:
    ``(h) Application to Coast Guard.--The Secretary of Transportation 
may implement the provisions of this section for the Coast Guard in the 
same manner and to the same extent as such section applies to the 
Department of Defense.''.
    (g) Service Members Occupational Conversion and Training.--(1) 
Section 4483(1) of the Service Members Occupational Conversion and 
Training Act of 1992 (subtitle G of title XLIV of Public Law 102-484; 
10 U.S.C. 1143 note) is amended by inserting before the period the 
following: ``and the Secretary of Transportation with respect to the 
Coast Guard''.
    (2) As soon as possible after the date of the enactment of this 
Act, the Secretary of Transportation shall implement the requirements 
of the Service Members Occupational Conversion and Training Act of 1992 
(subtitle G of title XLIV of Public Law 102-484; 10 U.S.C. 1143 note) 
for the Coast Guard.
    (h) Limitations on Funding.--Funds appropriated or otherwise made 
available to the Department of Defense, the Department of Education, 
the Department of Labor, or the Department of Veterans Affairs may not 
be used to carry out subsection (a) or the amendments made by this 
section.

SEC. 1138. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO REDUCTIONS 
              BY THE UNITED STATES IN THE EXPORT OF DEFENSE ARTICLES 
              AND SERVICES.

    (a) Assistance Under the Defense Conversion Adjustment Program.--
Section 325 of the Job Training Partnership Act (29 U.S.C. 1662d) is 
amended--
            (1) in subsection (a), by striking out ``or by closures of 
        United States military facilities'' each place it appears and 
        inserting in lieu thereof ``, by closures of United States 
        military facilities, or by reductions in the export of defense 
        articles and defense services as a result of United States 
        policy, including reductions in the amount of defense articles 
        and defense services under agreements to provide such articles 
        or services or through termination or completion of any such 
        agreements'';
            (2) in subsection (d), by striking out ``or by the closure 
        of United States military installations'' and inserting in lieu 
        thereof ``, by closures of United States military facilities, 
        or by reductions in the export of defense articles and defense 
        services as a result of United States policy, including 
        reductions in the amount of defense articles and defense 
        services under agreements to provide such articles or services 
        or through termination or completion of any such agreements''; 
        and
            (3) by adding at the end the following new subsection:
    ``(f) Definition.--For purposes of this section, the term `defense 
articles and defense services' means defense articles, defense 
services, or design and construction services under the Arms Export 
Control Act, including defense articles and defense services licensed 
or approved for export under section 38 of that Act.''.
    (b) Assistance Under the Defense Diversification Program.--Section 
325A of the Job Training Partnership Act (29 U.S.C. 1662d-1) is 
amended--
            (1) in subsection (b)(3)(A), by striking out ``or the 
        closure or realignment of a military installation'' and 
        inserting in lieu thereof ``, the closure or realignment of a 
        military installation, or reductions in the export of defense 
        articles and defense services as a result of United States 
        policy, including reductions in the amount of defense articles 
        and defense services under agreements to provide such articles 
        or services or through termination or completion of any such 
        agreements'';
            (2) in subsection (k)(1), by striking out ``or by the 
        closure of United States military installations'' and inserting 
        in lieu thereof ``, the closure of United States military 
        installations, or reductions in the export of defense articles 
        and defense services as a result of United States policy, 
        including reductions in the amount of defense articles and 
        defense services under agreements to provide such articles or 
        services or through termination or completion of any such 
        agreements''; and
            (3) in subsection (o), by adding at the end the following 
        new paragraph:
            ``(3) Defense articles and defense services.--The term 
        `defense articles and defense services' means defense articles, 
        defense services, or design and construction services under the 
        Arms Export Control Act, including defense articles and defense 
        services licensed or approved for export under section 38 of 
        that Act.''.

                      Subtitle D--ARMS Initiative

SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTURING SUPPORT 
              INITIATIVE.

    Section 193(a) of the Armament Retooling and Manufacturing Support 
Act of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 
2501 note) is amended by striking out ``fiscal years 1993 and 1994'' 
and inserting in lieu thereof ``fiscal years 1993 through 1995''.

SEC. 1142. LOAN GUARANTEES UNDER ARMAMENT RETOOLING AND MANUFACTURING 
              SUPPORT INITIATIVE.

    Section 193 of the Armament Retooling and Manufacturing Support Act 
of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 2501 
note) is amended by adding at the end the following new subsection:
    ``(d) Loan Guarantees To Support ARMS Initiative.--(1) Subject to 
the availability of appropriations for this purpose, the Secretary of 
the Army may support the purposes of the ARMS Initiative by conducting 
a program to issue guarantees during fiscal year 1995 against the risk 
of nonpayment arising out of loans provided to businesses establishing 
commercial activities on inactive and active ammunition manufacturing 
facilities of the Department of the Army. During fiscal year 1995, the 
subsidy cost of loan guarantees issued under the loan guarantee program 
may not exceed $43,000,000.
    ``(2) Applications for guarantees under the loan guarantee program 
shall be submitted to the Secretary of the Army. The maximum amount of 
loan principal that the Secretary may guarantee under loan guarantee 
program with respect to any loan may not exceed $20,000,000. Any such 
loan shall provide for repayment over a period not to exceed 10 years.
    ``(3) The Secretary of the Army may enter into a cooperative 
agreement with an appropriate Federal agency, under which such agency 
will process applications submitted under paragraph (2) and otherwise 
operate the loan guarantee program on behalf of the Secretary of the 
Army. From funds made available for the loan guarantee program, the 
Secretary of the Army may transfer to such agency pursuant to the 
agreement such sums as may be necessary for such agency to carry out 
its activities under the loan guarantee program.''.

                       Subtitle E--Other Matters

SEC. 1151. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR ACTUAL 
              TERMINATION OF DEFENSE PROGRAMS.

    (a) Time for Notice Requirement After Submission of Budget.--
Subsection (a) of section 4471 of the Defense Conversion, Reinvestment, 
and Transition Assistance Act of 1992 (division D of Public Law 102-
484; 106 Stat. 2753; 10 U.S.C. 2501 note) is amended--
            (1) by striking out ``As soon as reasonably practicable'' 
        and inserting in lieu thereof ``Not later than 30 days''; and
            (2) by striking out ``and not more than 180 days after such 
        date,''.
    (b) Time for Notice Requirement After Enactment of Appropriations 
Act.--Subsection (b) of such section is amended--
            (1) by striking out ``as soon as reasonably practicable'' 
        and inserting in lieu thereof ``not later than 30 days''; and
            (2) by striking out ``and not more than 180 days after such 
        date,''.
    (c) Time for Notice Requirement on Withdrawal of Notification.--
Subsection (f) of such section is amended--
            (1) by striking out ``as soon as reasonably practicable'' 
        and inserting in lieu thereof ``not later than 30 days''; and
            (2) by striking out ``and not more than 45 days after such 
        date,''.

SEC. 1152. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRONMENTAL TECHNOLOGIES 
              FOR DREDGING OF DUAL-USE PORTS.

    (a) Establishment.--The Secretary of Defense shall establish a plan 
for the Department of Defense to encourage the further development and 
deployment of existing defense environmental technologies in support of 
the dredging requirements of dual-use ports, including--
            (1) the environmentally secure containment and management 
        of contaminated dredged materials; and
            (2) the decontamination of dredged materials.
    (b) Matters To Be Included.--The plan to be established pursuant to 
subsection (a) shall include the following:
            (1) A description of defense reinvestment and defense 
        conversion programs under chapter 148 of title 10, United 
        States Code, that are available to facilitate the deployment of 
        defense environmental technologies in support of the dredging 
        requirements of dual-use ports.
            (2) A description of existing defense environmental 
        technologies and processes that are available to support the 
        objectives of the plan to be established pursuant to subsection 
        (a).
            (3) Recommendations for strategies to deploy such 
        technologies and processes to ports of various sizes, 
        including--
                    (A) ports with projects requiring more than 
                5,000,000 cubic yards of sediment to be dredged 
                annually;
                    (B) ports with projects requiring more than 
                1,000,000 cubic yards of sediment to be dredged 
                annually;
                    (C) ports that have been affected by, or are likely 
                to be affected by, the closure of one or more major 
                military installations and that, as a result thereof, 
                require substantial environmental remediation; and
                    (D) military port installations that have 
                experienced significant delays in advancing dredging 
                projects because of environmental compliance or dredged 
                material disposal problems.
            (4) After consultation with the heads of other appropriate 
        Federal agencies, an assessment of other available technologies 
        and processes that may be used in support of the plan to be 
        established pursuant to subsection (a).
            (5) An assessment of the potential benefits and methods of 
        transfer of technologies and processes for use in connection 
        with dredging processes in commercial ports and waterways.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall transmit to 
Congress a report containing the plan to be established pursuant to 
subsection (a).

SEC. 1153. PILOT PROGRAM TO DEVELOP AND DEMONSTRATE ENVIRONMENTAL 
              REMEDIATION TECHNOLOGIES.

    (a) Cooperative Agreement for Pilot Program.--(1) The Secretary of 
Defense may enter into a cooperative agreement with an institution of 
higher education for the purpose of facilitating the development and 
demonstration of new methods and technologies for more effective and 
expedient environmental remediation at military installations by 
engaging in a pilot demonstration project as provided in subsection 
(b).
    (2) If the Secretary enters into a cooperative agreement under 
paragraph (1), the agreement shall authorize the institution of higher 
education to enter into partnerships or other relationships with 
private and public entities for purposes of conducting activities under 
the cooperative agreement.
    (b) Pilot Project at Defense Landfill.--(1) If the Secretary enters 
into a cooperative agreement under subsection (a)(1), the agreement 
shall authorize the institution of higher education to participate in a 
cooperative pilot demonstration project at a Government landfill 
described in paragraph (2) if such demonstration project can be carried 
out in a manner that is consistent with all other actions at such 
landfill that the Secretary is legally required to undertake. The 
institution of higher education may engage in such project on a long-
term basis to address the broader issues of environmental remediation 
and conversion of facilities of the Department of Defense.
    (2) The Government landfill referred to in paragraph (1) is a 
Government landfill that--
            (A) is listed on the National Priorities List pursuant to 
        section 105(a)(8)(B) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9605(a)(8)(B)); and
            (B) is located on a military installation to be closed 
        pursuant to a base closure law.
    (c) Funding.--(1) There is authorized to be appropriated to the 
Secretary of Defense for fiscal year 1995 $4,000,000 for the 
establishment of the cooperative agreement and the activities necessary 
to conduct the pilot project.
    (2) The amount authorized in section 201 for the joint Department 
of Defense and Department of Energy munitions technology development 
program for fiscal year 1995 is hereby reduced by $4,000,000.

  TITLE XII--COOPERATIVE THREAT REDUCTION, COUNTERPROLIFERATION, AND 
                            RELATED MATTERS

                Subtitle A--Cooperative Threat Reduction

SEC. 1201. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.

    (a) Required Report.--Of the amount authorized to be appropriated 
in section 301 for Cooperative Threat Reduction programs, not more than 
10 percent may be obligated until the Secretary of Defense submits to 
Congress a report on the efforts made by the United States Government 
(including the use of audits, examinations, and on-site inspections) to 
ensure that United States assistance provided under the Cooperative 
Threat Reduction program in fiscal year 1994 and prior years is fully 
accounted for and is being used for its intended purposes.
    (b) Information To Be Included.--The report--
            (1) shall include--
                    (A) a listing of United States Cooperative Threat 
                Reduction assistance provided as of the time the report 
                is submitted;
                    (B) a description of the whereabouts and conditions 
                of the aid; and
                    (C) a determination of whether the aid in question 
                has been used for its intended purpose; and
            (2) shall describe the activities planned in fiscal year 
        1995 to ensure that United States assistance provided that 
        fiscal year is fully accounted for and is used for its intended 
        purpose.
    (c) Comptroller General Assessment.--Not later than 30 days after 
the date on which the report described in subsection (a) is submitted 
to Congress, the Comptroller General of the United States shall submit 
to Congress a report giving the Comptroller General's assessing the 
Secretary's report and making any recommendations the Comptroller 
General considers appropriate.

SEC. 1202. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL RELATING TO 
              WEAPONS OF MASS DESTRUCTION.

    The Secretary of Defense shall submit to Congress a report on 
progress being made in each state of the former Soviet Union that is a 
recipient of assistance under Cooperative Threat Reduction programs 
toward the development of an effective system of control and 
accountability for material related to weapons of mass destruction in 
that country. Under such a system, officials of the United States and 
of the recipient country should have an accurate accounting of the 
weapons of mass destruction in that country and the fissile and 
chemical materials from those weapons. The report shall be submitted 
not later than three months after the date of the enactment of this 
Act.

SEC. 1203. COOPERATIVE THREAT REDUCTION.

    (a) Funding Report to Congress.--The Secretary of Defense shall 
submit to Congress a report as described in subsection (b) on funding 
for programs of cooperative threat reduction with states of the former 
Soviet Union. The report shall be submitted at the time of the 
transmission to Congress of the budget justification materials for the 
funding request in the fiscal year 1996 budget for such cooperative 
threat reduction programs.
    (b) Matters To Be Included in Annual Report.--The Secretary of 
Defense shall include in the report under subsection (a) the following:
            (1) An estimate of the total amount that will be required 
        to be expended by the United States in order to achieve the 
        objectives of cooperative threat reduction programs.
            (2) A multiyear plan for the use of amounts and other 
        resources provided by the United States for cooperative threat 
        reduction programs and to provide guidance for preparation of 
        annual budget submissions.
    (c) Subsequent Revisions to Report.--The Secretary of Defense shall 
submit an updated version of the report under subsection (a) for any 
fiscal year after fiscal year 1996 for which the budget of the 
President proposes that funds be appropriated to the Department of 
Defense for cooperative threat reduction programs.
    (d) Fiscal Year 1995 Limitation.--Of the amount authorized in this 
Act for cooperative threat reduction programs, the sum of $50,000,000 
may not be obligated until the President certifies to Congress that the 
United States is making a concerted effort to ensure that allies of the 
United States are increasing their levels of support for activities 
that will aid in accomplishing the objectives of the cooperative threat 
reduction programs.
    (e) Cooperative Threat Reduction Programs.--For purposes of this 
section, cooperative threat reduction programs are those programs 
described in section 1203(b) of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1778).

SEC. 1204. LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM.

    Of the amount authorized to be appropriated in section 301(21) for 
Former Soviet Union Threat Reduction programs--
            (1) none of such amounts may be obligated for environmental 
        restoration or for housing of former or retired military 
        personnel of the Soviet Union;
            (2) not more than $60,000,000 may be obligated for the 
        demilitarization of defense industries and the conversion of 
        military technologies and capabilities into civilian 
        activities;
            (3) not more than $200,000,000 may be obligated for Weapons 
        Dismantlement, Destruction, and Denuclearization;
            (4) not more than $60,000,000 may be obligated for Safety 
        and Security, Transportation, and Storage;
            (5) not more than $40,000,000 may be obligated for 
        Nonproliferation;
            (6) not more than $20,000,000 may be obligated for Defense 
        and Military-to-Military Contacts; and
            (7) not more than $20,000,000 may be obligated for 
        Research, Support, and Overhead.

              Subtitle B--Counterproliferation Activities

SEC. 1211. EXTENSION AND REVISION OF COUNTERPROLIFERATION AUTHORITIES.

    (a) Extension of International Nonproliferation Authorities.--
Section 1505 of the National Defense Authorization Act for Fiscal Year 
1993 (22 U.S.C. 5859a) is amended--
            (1) in subsection (a), by striking out ``during fiscal year 
        1994''; and
            (2) in subsection (e), by striking out ``of fiscal year 
        1994'' and inserting in lieu thereof ``of a fiscal year''.
    (b) Additional Nonproliferation Authorities.--Subsection (b) of 
such section is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``the International Atomic 
                Energy Agency (IAEA)'' and inserting in lieu thereof 
                ``international organizations'';
                    (B) by striking out ``nuclear'';
                    (C) by striking out ``aggressive'' and inserting in 
                lieu thereof ``effective''; and
                    (D) by striking out ``the Treaty on'' and all that 
                follows in such paragraph and inserting in lieu thereof 
                ``international agreements on nonproliferation.'';
            (2) in paragraph (2), by striking out ``the On-Site 
        Inspection Agency'' and inserting in lieu thereof ``the 
        Department of Defense'';
            (3) in paragraph (4), by striking out ``nuclear 
        proliferation'' and all that follows in such paragraph and 
        inserting in lieu thereof ``proliferation of nuclear, 
        biological, and chemical weapons, their delivery systems, 
        related technologies, and other weapons.''; and
            (4) by adding at the end the following new paragraph:
            ``(5) Activities supporting the dismantlement and 
        destruction of nuclear, biological, and chemical weapons, their 
        delivery systems, related technologies, and other weapons.''.
    (c) Repeal of Funding Limitations.--Subsection (d) of such section 
is amended--
            (1) by striking out paragraphs (1) and (3); and
            (2) by striking out ``(2)''.
    (d) Cross Reference Amendment.--Subsection (e)(2) of such section 
is amended by striking out ``and under subsection (d)(4)''.

SEC. 1212. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION 
              POLICY.

    (a) Extension of Authority.--Subsection (a) of section 1603 of the 
National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 
5859a; 107 Stat. 1843) is amended by striking out ``During fiscal year 
1994, the Secretary'' and inserting in lieu thereof ``The Secretary'';
    (b) Repeal of Reporting Requirement.--Such section is further 
amended--
            (1) by striking out subsections (d) and (e); and
            (2) by redesignating subsection (f) as subsection (d).

SEC. 1213. FISCAL YEAR 1995 AMOUNT.

    (a) Fiscal Year 1995 Amount.--Of the total amount authorized to be 
appropriated in section 301 for Defense-wide activities, $30,159,000 is 
available for the purposes of conducting counterproliferation 
activities.
    (b) Restriction.--None of the amount specified in subsection (a) 
may be obligated until 15 days after the date on which the Secretary of 
Defense submits to the congressional committees named in section 
1607(1) of Public Law 103-160 a report setting forth--
            (1) a description of all of the activities within the 
        Department of Defense that are being carried out or are to be 
        carried out for the purposes stated in section 1603 of the 
        National Defense Authorization Act for Fiscal Year 1994 (22 
        U.S.C. 5859a; 107 Stat. 1843);
            (2) the plan for coordinating and integrating those 
        activities within the Department of Defense;
            (3) the plan for coordinating and integrating those 
        activities with those of other Federal agencies; and
            (4) the sources of the funds to be used for such purposes.

SEC. 1214. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF 
              PREVIOUSLY REQUIRED REPORT.

    (a) Limitation.--Of the total amount specified in section 1213(a) 
for counterproliferation activities for fiscal year 1995, $2,000,000 
shall be withheld from obligation until the report described in 
subsection (b) has been submitted to Congress.
    (b) Report.--The report referred to in subsection (a) is the report 
required to be submitted to Congress not later than May 30, 1994, 
pursuant to section 1422 of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1829).

      TITLE XIII--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Reserve Officer Personnel 
Management Act''.

SEC. 1302. REFERENCES TO TITLE 10, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 10, United States 
Code.

            Subtitle A--Reserve Officer Personnel Management

   PART I--REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM

SEC. 1311. PROMOTION AND RETENTION OF RESERVE OFFICERS.

    Title 10, United States Code, is amended by adding at the end the 
following new subtitle:

                    ``Subtitle E--Reserve Components

               ``PART I--ORGANIZATION AND ADMINISTRATION

``Chap.                                                            Sec.
``1001. Definitions.........................................      10001
``1003. Reserve Components Generally........................      10101
``1005. Elements of Reserve Components......................      10141
``1007. Administration of Reserve Components................      10201
``1009. Reserve Forces Policy Boards and Committees.........      10301
``1011. National Guard Bureau...............................      10501
``1013. Budget Information and Annual Reports to Congress...      10541
                     ``PART II--PERSONNEL GENERALLY

``1201. Authorized Strengths and Distribution in Grade......      12001
``1203. Enlisted Members....................................      12101
``1205. Appointment of Reserve Officers.....................      12201
``1207. Warrant Officers....................................      12241
``1209. Active Duty.........................................      12301
``1211. National Guard Members in Federal Service...........      12401
``1213. Special Appointments, Assignments, Details, and           12501
                            Duties.
``1215. Miscellaneous Prohibitions and Penalties 
                                                  [No present sections]
``1217. Miscellaneous Rights and Benefits...................      12601
``1219. Standards and Procedures for Retention and Promotion      12641
``1221. Separation..........................................      12681
``1223. Retired Pay for Non-Regular Service.................      12731
``1225. Retired Grade.......................................      12771
 ``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                              STATUS LIST

``1401. Applicability and Reserve Active-Status Lists.......      14001
``1403. Selection Boards....................................      14101
``1405. Promotions..........................................      14301
``1407. Failure of Selection for Promotion and Involuntary        14501
                            Separation.
``1409. Continuation of Officers on the Reserve-Active            14701
                            Status List and Selective Early 
                            Removal.
``1411. Additional Provisions Relating to Involuntary             14901
                            Separation.
 ``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS

``1601. Training Generally........................[No present sections]
``1606. Educational Assistance for Members of the Selected        16131
                            Reserve.
``1608. Health Professions Stipend Program..................      16201
``1609. Education Loan Repayments...........................      16301
               ``PART V--SERVICE, SUPPLY, AND PROCUREMENT

``1801. Issue of Serviceable Material to Reserve  [No present sections]
Components.
``1803. Facilities for Reserve Components...................      18231
``1805. Miscellaneous Provisions............................      18501

 ``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                              STATUS LIST

``Chap.                                                            Sec.
``1401. Applicability and Reserve Active-Status Lists.......      14001
``1403. Selection Boards....................................      14101
``1405. Promotions..........................................      14301
``1407. Failure of Selection for Promotion and Involuntary        14501
                            Separation.
``1409. Continuation of Officers on the Reserve Active-           14701
                            Status List and Selective Early 
                            Removal.
``1411. Additional Provisions Relating to Involuntary             14901
                            Separation.

     ``CHAPTER 1401--APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

``Sec.
``14001. Applicability of this part.
``14002. Reserve active-status lists: requirement for each armed force.
``14003. Reserve active-status lists: position of officers on the list.
``14004. Reserve active-status lists: eligibility for Reserve 
                            promotion.
``14005. Competitive categories.
``14006. Determination of years in grade.
``Sec. 14001. Applicability of this part
    ``This chapter and chapters 1403 through 1411 of this title apply, 
as appropriate, to all reserve officers of the Army, Navy, Air Force, 
and Marine Corps except warrant officers.
``Sec. 14002. Reserve active-status lists: requirement for each armed 
              force
    ``(a) The Secretary of each military department shall maintain a 
single list, to be known as the reserve active-status list, for each 
armed force under the Secretary's jurisdiction. That list shall include 
the names of all reserve officers of that armed force who are in an 
active status other than those on an active-duty list described in 
section 620 of this title or warrant officers (including commissioned 
warrant officers).
    ``(b) The reserve active-status list for the Army shall include 
officers in the Army Reserve and the Army National Guard of the United 
States. The reserve active-status list for the Air Force shall include 
officers in the Air Force Reserve and the Air National Guard of the 
United States. The Secretary of the Navy shall maintain separate lists 
for the Naval Reserve and the Marine Corps Reserve.
``Sec. 14003. Reserve active-status: position of officers on the list
    ``(a) Position on List.--Officers shall be carried on the reserve 
active-status list of the armed force of which they are members in the 
order of seniority of the grade in which they are serving in an active 
status. Officers serving in the same grade shall be carried in the 
order of their rank in that grade.
    ``(b) Effect on Position Held by Reason of Temporary Appointment or 
Assignment.--An officer whose position on the reserve active-status 
list results from service under a temporary appointment or in a grade 
held by reason of assignment to a position has, when that appointment 
or assignment ends, the grade and position on that list that the 
officer would have held if the officer had not received that 
appointment or assignment.
``Sec. 14004. Reserve active-status lists: eligibility for Reserve 
              promotion
    ``Except as otherwise provided by law, an officer must be on a 
reserve active-status list to be eligible under chapter 1405 of this 
title for consideration for selection for promotion or for promotion.
``Sec. 14005. Competitive categories
    ``Each officer whose name appears on a reserve active-status list 
shall be placed in a competitive category. The competitive categories 
for each armed force shall be specified by the Secretary of the 
military department concerned under regulations prescribed by the 
Secretary of Defense. Officers in the same competitive category shall 
compete among themselves for promotion.
``Sec. 14006. Determination of years in grade
    ``For the purpose of chapters 1403 through 1411 of this title, an 
officer's years of service in a grade are computed from the officer's 
date of rank in grade as determined under section 741(d) of this title.

                    ``CHAPTER 1403--SELECTION BOARDS

``Sec.
``14101. Convening of selection boards.
``14102. Selection boards: appointment and composition.
``14103. Oath of members.
``14104. Confidentiality of board proceedings.
``14105. Notice of convening of selection board.
``14106. Communication with board by officers under consideration.
``14107. Information furnished by the Secretary concerned to promotion 
                            boards.
``14108. Recommendations by promotion boards.
``14109. Reports of promotion boards: in general.
``14110. Reports of promotion boards: review by Secretary.
``14111. Reports of selection boards: transmittal to President.
``14112. Dissemination of names of officers selected.
``Sec. 14101. Convening of selection boards
    ``(a) Promotion Boards.--(1) Whenever the needs of the Army, Navy, 
Air Force, or Marine Corps require, the Secretary concerned shall 
convene a selection board to recommend for promotion to the next higher 
grade, under chapter 1405 of this title, officers on the reserve 
active-status list of that armed force in a permanent grade from first 
lieutenant through brigadier general or, in the case of the Naval 
Reserve, lieutenant (junior grade) through rear admiral (lower half). A 
selection board convened under this subsection shall be known as a 
`promotion board'.
    ``(2) A promotion board convened to recommend reserve officers of 
the Army or reserve officers of the Air Force for promotion (A) to fill 
a position vacancy under section 14315 of this title, or (B) to the 
grade of brigadier general or major general, shall (except in the case 
of a board convened to consider officers as provided in section 
14301(e) of this title) be known as a `vacancy promotion board'. Any 
other promotion board convened under this subsection shall be known as 
a `mandatory promotion board'.
    ``(b) Continuation Boards.--Whenever the needs of the Army, Navy, 
Air Force, or Marine Corps require, the Secretary concerned may convene 
a selection board to recommend officers of that armed force--
            ``(1) for continuation on the reserve active-status list 
        under section 14701 of this title;
            ``(2) for selective early removal from the reserve active-
        status list under section 14704 of this title; or
            ``(3) for selective early retirement under section 14705 of 
        this title.
A selection board convened under this subsection shall be known as a 
`continuation board'.
``Sec. 14102. Selection boards: appointment and composition
    ``(a) Appointment.--Members of selection boards convened under 
section 14101 of this title shall be appointed by the Secretary of the 
military department concerned in accordance with this section. 
Promotion boards and special selection boards shall consist of five or 
more officers. Continuation boards shall consist of three or more 
officers. All of the officers of any such selection board shall be of 
the same armed force as the officers under consideration by the board.
    ``(b) Composition.--At least one-half of the members of such a 
selection board shall be reserve officers, to include at least one 
reserve officer from each reserve component from which officers are to 
be considered by the board. Each member of a selection board must hold 
a permanent grade higher than the grade of the officers under 
consideration by the board, and no member of a board may hold a grade 
below major or lieutenant commander.
    ``(c) Representation of Competitive Categories.--(1) Except as 
provided in paragraph (2), a selection board shall include at least one 
officer from each competitive category of officers to be considered by 
the board.
    ``(2) A selection board need not include an officer from a 
competitive category to be considered by the board if there is no 
officer of that competitive category on the reserve active-status list 
or the active-duty list in a permanent grade higher than the grade of 
the officers to be considered by the board and otherwise eligible to 
serve on the board. However, in such a case, the Secretary of the 
military department concerned, in his discretion, may appoint as a 
member of the board a retired officer of that competitive category who 
is in the same armed force as the officers under consideration by the 
board who holds a higher grade than the grade of the officers under 
consideration.
    ``(d) Prohibition of Service on Consecutive Promotion Boards.--No 
officer may be a member of two successive promotion boards convened 
under section 14101(a) of this title for the consideration of officers 
of the same competitive category and grade if the second of the two 
boards is to consider any officer who was considered and not 
recommended for promotion to the next higher grade by the first of the 
two boards.
``Sec. 14103. Oath of members
    ``Each member of a selection board convened under section 14101 of 
this title shall take an oath to perform the duties of a member of the 
board without prejudice or partiality, having in view both the special 
fitness of officers and the efficiency of the member's armed force.
``Sec. 14104. Confidentiality of board proceedings
    ``Except as otherwise authorized or required by law, the 
proceedings of a selection board convened under section 14101 of this 
title may not be disclosed to any person not a member of the board.
``Sec. 14105. Notice of convening of promotion board
    ``(a) Required Notice.--At least 30 days before a promotion board 
is convened under section 14101(a) of this title to consider officers 
in a grade and competitive category for promotion to the next higher 
grade, the Secretary concerned shall either (1) notify in writing the 
officers eligible for consideration by the board for promotion 
regarding the convening of the board, or (2) issue a general written 
notice to the armed force concerned regarding the convening of the 
board.
    ``(b) Content of Notice.--A notice under subsection (a) shall 
include the date on which the board is to convene and (except in the 
case of a vacancy promotion board) the name and date of rank of the 
junior officer, and of the senior officer, in the promotion zone as of 
the date of the notice.
``Sec. 14106. Communication with board by officers under consideration
    ``Subject to regulations prescribed by the Secretary of the 
military department concerned, an officer eligible for consideration by 
a promotion board convened under section 14101(a) of this title who is 
in the promotion zone or above the promotion zone, or who is to be 
considered by a vacancy promotion board, may send a written 
communication to the board calling attention to any matter concerning 
the officer which the officer considers important to the officer's 
case. Any such communication shall be sent so as to arrive not later 
than the date on which the board convenes. The board shall give 
consideration to any timely communication under this section.
``Sec. 14107. Information furnished by the Secretary concerned to 
              promotion boards
    ``(a) Integrity of the Promotion Selection Board Process.--(1) The 
Secretary of Defense shall prescribe regulations governing information 
furnished to selection boards convened under section 14101(a) of this 
title. Those regulations shall apply uniformly among the military 
departments. Any regulations prescribed by the Secretary of a military 
department to supplement those regulations may not take effect without 
the approval of the Secretary of Defense in writing.
    ``(2) No information concerning a particular eligible officer may 
be furnished to a selection board except for the following:
            ``(A) Information that is in the officer's official 
        military personnel file and that is provided to the selection 
        board in accordance with the regulations prescribed by the 
        Secretary of Defense pursuant to paragraph (1).
            ``(B) Other information that is determined by the Secretary 
        of the military department concerned, after review by that 
        Secretary in accordance with standards and procedures set out 
        in the regulations prescribed by the Secretary of Defense 
        pursuant to paragraph (1), to be substantiated, relevant 
        information that could reasonably and materially affect the 
        deliberations of the promotion board.
            ``(C) Subject to such limitations as may be prescribed in 
        those regulations, information communicated to the board by the 
        officer in accordance with this section, section 14106 of this 
        title (including any comment on information referred to in 
        subparagraph (A) regarding that officer), or other applicable 
        law.
            ``(D) A factual summary of the information described in 
        subparagraphs (A), (B), and (C) that, in accordance with the 
        regulations prescribed pursuant to paragraph (1) is prepared by 
        administrative personnel for the purpose of facilitating the 
        work of the selection board.
    ``(3) Information provided to a promotion board in accordance with 
paragraph (2) shall be made available to all members of the board and 
shall be made a part of the record of the board. Communication of such 
information shall be in a written form or in the form of an audio or 
video recording. If a communication is in the form of an audio or video 
recording, a written transcription of the recording shall also be made 
a part of the record of the promotion board.
    ``(4) Paragraphs (2) and (3) do not apply to the furnishing of 
appropriate administrative processing information to the promotion 
board by an administrative staff designated to assist the board, but 
only to the extent that oral communications are necessary to facilitate 
the work of the board.
    ``(5) Information furnished to a promotion board that is described 
in subparagraph (B), (C), or (D) of paragraph (2) may not be furnished 
to a later promotion board unless--
            ``(A) the information has been properly placed in the 
        official military personnel file of the officer concerned; or
            ``(B) the information is provided to the later selection 
        board in accordance with paragraph (2).
    ``(6)(A) Before information described in paragraph (2)(B) regarding 
an eligible officer is furnished to a selection board, the Secretary of 
the military department concerned shall ensure--
            ``(i) that such information is made available to such 
        officer; and
            ``(ii) that the officer is afforded a reasonable 
        opportunity to submit comments on that information to the 
        promotion board.
    ``(B) If an officer cannot be given access to the information 
referred to in subparagraph (A) because of its classification status, 
the officer shall, to the maximum extent practicable, be furnished an 
appropriate summary of the information.
    ``(b) Information To Be Furnished.--The Secretary of the military 
department concerned shall furnish to a promotion board convened under 
section 14101(a) of this title the following:
            ``(1) In the case of a mandatory promotion board, the 
        maximum number (as determined in accordance with section 14307 
        of this title) of officers in each competitive category under 
        consideration that the board is authorized to recommend for 
        promotion to the next higher grade.
            ``(2) The name of each officer in each competitive category 
        under consideration who is to be considered by the board for 
        promotion.
            ``(3) The pertinent records (as determined by the 
        Secretary) of each officer whose name is furnished to the 
        board.
            ``(4) Information or guidelines relating to the needs of 
        the armed force concerned for officers having particular 
        skills, including (except in the case of a vacancy promotion 
        board) guidelines or information relating to either a minimum 
        number or a maximum number of officers with particular skills 
        within a competitive category.
            ``(5) Such other information or guidelines as the Secretary 
        concerned may determine to be necessary to enable the board to 
        perform its functions.
    ``(c) Limitation on Modifying Furnished Information.--Information 
or guidelines furnished to a selection board under subsection (a) may 
not be modified, withdrawn, or supplemented after the board submits its 
report to the Secretary of the military department concerned pursuant 
to section 14109(a) of this title. However, in the case of a report 
returned to a board pursuant to section 14110(a) of this title for 
further proceedings because of a determination by the Secretary of the 
military department concerned that the board acted contrary to law, 
regulation, or guidelines, the Secretary may modify, withdraw, or 
supplement such information or guidelines as part of a written 
explanation to the board as provided in that section.
    ``(d) Officers in Health-Professions Competitive Categories.--The 
Secretary of each military department, under uniform regulations 
prescribed by the Secretary of Defense, shall include in guidelines 
furnished to a promotion board convened under section 14101(a) of this 
title that is considering officers in a health-professions competitive 
category for promotion to a grade below colonel or, in the case of 
officers of the Naval Reserve, captain, a direction that the board give 
consideration to an officer's clinical proficiency and skill as a 
health professional to at least as great an extent as the board gives 
to the officer's administrative and management skills.
``Sec. 14108. Recommendations by promotion boards
    ``(a) Recommendation of Best Qualified Officers.--A promotion board 
convened under section 14101(a) of this title shall recommend for 
promotion to the next higher grade those officers considered by the 
board whom the board considers best qualified for promotion within each 
competitive category considered by the board or, in the case of a 
vacancy promotion board, among those officers considered to fill a 
vacancy. In determining those officers who are best qualified for 
promotion, the board shall give due consideration to the needs of the 
armed force concerned for officers with particular skills (as noted in 
the guidelines or information furnished the board under sections 14107 
of this title).
    ``(b) Majority Required.--A promotion board convened under section 
14101(a) of this title may not recommend an officer for promotion 
unless--
            ``(1) the officer receives the recommendation of a majority 
        of the members of the board; and
            ``(2) a majority of the members of the board finds that the 
        officer is fully qualified for promotion.
    ``(c) Board Recommendation Required for Promotion.--Except as 
otherwise provided by law, an officer on the reserve active-status list 
may not be promoted to a higher grade under chapter 1405 of this title 
unless the officer is considered and recommended for promotion to that 
grade by a promotion board convened under section 14101(a) of this 
title (or by a special selection board convened under section 14502 of 
this title).
    ``(d) Disclosure of Board Recommendations.--The recommendations of 
a promotion board may be disclosed only in accordance with regulations 
prescribed by the Secretary of Defense. Those recommendations may not 
be disclosed to a person not a member of the board (or a member of the 
administrative staff designated by the Secretary concerned to assist 
the board) until the written report of the recommendations of the 
board, required by section 14109 of this title, is signed by each 
member of the board.
    ``(e) Prohibition of Coercion and Unauthorized Influence of Actions 
of Board Members.--The Secretary convening a promotion board under 
section 14101(a) of this title, and an officer or other official 
exercising authority over any member of a selection board, may not--
            ``(1) censure, reprimand, or admonish the selection board 
        or any member of the board with respect to the recommendations 
        of the board or the exercise of any lawful function within the 
        authorized discretion of the board; or
            ``(2) attempt to coerce or, by any unauthorized means, 
        influence any action of a promotion board or any member of a 
        promotion board in the formulation of the board's 
        recommendations.
``Sec. 14109. Reports of promotion boards: in general
    ``(a) Report of Officers Recommended for Promotion.--Each promotion 
board convened under section 14101(a) of this title shall submit to the 
Secretary of the military department concerned a report in writing 
containing a list of the names of the officers recommended by the board 
for promotion. The report shall be signed by each member of the board.
    ``(b) Certification.--Each report under subsection (a) shall 
include a certification--
            ``(1) that the board has carefully considered the record of 
        each officer whose name was furnished to the board; and
            ``(2) that, in the case of a promotion board convened under 
        section 14101(a) of this title, in the opinion of a majority of 
        the members of the board, the officers recommended for 
        promotion by the board are best qualified for promotion to meet 
        the needs of the armed force concerned (as noted in the 
        guidelines or information furnished the board under section 
        14107 of this title) among those officers whose names were 
        furnished to the selection board.
    ``(c) Show-Cause Recommendations.--(1) A promotion board convened 
under section 14101(a) of this title shall include in its report to the 
Secretary concerned the name of any reserve officer before it for 
consideration for promotion whose record, in the opinion of a majority 
of the members of the board, indicates that the officer should be 
required to show cause for retention in an active status.
    ``(2) If such a report names an officer as having a record which 
indicates that the officer should be required to show cause for 
retention, the Secretary concerned may provide for the review of the 
record of that officer as provided under regulations prescribed under 
section 14902 of this title.
``Sec. 14110. Reports of promotion boards: review by Secretary
    ``(a) Review of Report.--Upon receipt of the report of a promotion 
board submitted under section 14109(a) of this title, the Secretary of 
the military department concerned shall review the report to determine 
whether the board has acted contrary to law or regulation or to 
guidelines furnished the board under section 14107(a) of this title. 
Following that review, unless the Secretary concerned makes a 
determination as described in subsection (b), the Secretary shall 
submit the report as required by section 14111 of this title.
    ``(b) Return of Report for Further Proceedings.--If, on the basis 
of a review of the report under subsection (a), the Secretary of the 
military department concerned determines that the board acted contrary 
to law or regulation or to guidelines furnished the board under section 
14107(a) of this title, the Secretary shall return the report, together 
with a written explanation of the basis for such determination, to the 
board for further proceedings. Upon receipt of a report returned by the 
Secretary concerned under this subsection, the selection board (or a 
subsequent selection board convened under section 14101(a) of this 
title for the same grade and competitive category) shall conduct such 
proceedings as may be necessary in order to revise the report to be 
consistent with law, regulation, and such guidelines and shall resubmit 
the report, as revised, to the Secretary in accordance with section 
14109 of this title.
``Sec. 14111. Reports of selection boards: transmittal to President
    ``(a) Transmittal to President.--The Secretary concerned, after 
final review of the report of a selection board under section 14110 of 
this title, shall submit the report with the Secretary's 
recommendations, to the Secretary of Defense for transmittal by the 
Secretary to the President for approval or disapproval. If the 
authority of the President to approve or disapprove the report of a 
promotion board is delegated to the Secretary of Defense, that 
authority may not be redelegated except to an official in the Office of 
the Secretary of Defense.
    ``(b) Removal of Name From Board Report.--The name of an officer 
recommended for promotion by a selection board may be removed from the 
report of the selection board only by the President.
    ``(c) Recommendations for Removal of Selected Officers From 
Report.--If the Secretary of a military department or the Secretary of 
Defense makes a recommendation under this section that the name of an 
officer be removed from the report of a promotion board and the 
recommendation is accompanied by information that was not presented to 
that promotion board, that information shall be made available to that 
officer. The officer shall then be afforded a reasonable opportunity to 
submit comments on that information to the officials making the 
recommendation and the officials reviewing the recommendation. If an 
eligible officer cannot be given access to such information because of 
its classification status, the officer shall, to the maximum extent 
practicable, be provided with an appropriate summary of the 
information.
``Sec. 14112. Dissemination of names of officers selected
    ``Upon approval by the President of the report of a promotion 
board, the names of the officers recommended for promotion by the 
promotion board (other than any name removed by the President) may be 
disseminated to the armed force concerned. If those names have not been 
sooner disseminated, those names (other than the name of any officer 
whose promotion the Senate failed to confirm) shall be promptly 
disseminated to the armed force concerned upon confirmation by the 
Senate.

                       ``CHAPTER 1405--PROMOTIONS

``Sec.
``14301. Eligibility for consideration for promotion: general rules.
``14302. Promotion zones.
``14303. Eligibility for consideration for promotion: minimum years of 
                            service in grade.
``14304. Eligibility for consideration for promotion: maximum years of 
                            service in grade.
``14305. Establishment of promotion zones: mandatory consideration for 
                            promotion.
``14306. Establishment of promotion zones: Naval Reserve and Marine 
                            Corps Reserve running mate system.
``14307. Numbers of officers to be recommended for promotion.
``14308. Promotions: how made.
``14309. Acceptance of promotion: oath of office.
``14310. Removal of officers from a list of officers recommended for 
                            promotion.
``14311. Delay of promotion: involuntary.
``14312. Delay of promotion: voluntary.
``14313. Authority to vacate promotions to grade of brigadier general 
                            or rear admiral (lower half).
``14314. Army and Air Force commissioned officers: generals ceasing to 
                            occupy positions commensurate with grade; 
                            state adjutants general.
``14315. Position vacancy promotions: Army and Air Force officers.
``14316. Army National Guard and Air National Guard: appointment to and 
                            Federal recognition in a higher reserve 
                            grade after selection for promotion.
``14317. Officers in transition to and from the active-status list or 
                            active-duty list.
``Sec. 14301. Eligibility for consideration for promotion: general 
              rules
    ``(a) One-Year Rule.--An officer is eligible under this chapter for 
consideration for promotion by a promotion board convened under section 
14101(a) of this title only if--
            ``(1) the officer is on the reserve active-status list of 
        the Army, Navy, Air Force, or Marine Corps; and
            ``(2) during the one-year period ending on the date of the 
        convening of the promotion board the officer has continuously 
        performed service on either the reserve active-status list or 
        the active-duty list (or on a combination of both lists).
    ``(b) Requirement for Consideration of All Officers In and Above 
the Zone.--Whenever a promotion board (other than a vacancy promotion 
board) is convened under section 14101(a) of this title for 
consideration of officers in a competitive category who are eligible 
under this chapter for consideration for promotion to the next higher 
grade, each officer in the promotion zone, and each officer above the 
promotion zone, for that grade and competitive category shall be 
considered for promotion.
    ``(c) Previously Selected Officers Not Eligible To Be Considered.--
A promotion board convened under section 14101(a) of this title may not 
consider for promotion to the next higher grade--
            ``(1) an officer whose name is on a promotion list for that 
        grade as a result of recommendation for promotion to that grade 
        by an earlier selection board convened under that section or 
        section 14502 of this title or under chapter 36 of this title;
            ``(2) an officer who has been approved for Federal 
        recognition by a board convened under section 307 of title 32 
        and nominated by the President for promotion to the next higher 
        grade as a reserve of the Army or of the Air Force as the case 
        may be; or
            ``(3) an officer who has been nominated by the President 
        for promotion to the next higher grade under any other 
        provision of law.
    ``(d) Officers Below the Zone.--The Secretary of the military 
department concerned may, by regulation, prescribe procedures to limit 
the officers to be considered by a selection board from below the 
promotion zone to those officers who are determined to be exceptionally 
well qualified for promotion. The regulations shall include criteria 
for determining which officers below the promotion zone are 
exceptionally well qualified for promotion.
    ``(e) Reserve Officers of the Army; Consideration for Brigadier 
General and Major General.--In the case of officers of the Army, if the 
Secretary of the Army determines that vacancies are authorized or 
anticipated in the reserve grades of major general or brigadier general 
for officers who are on the reserve active-status list and who are not 
assigned to units organized to serve as a unit and the Secretary 
convenes a mandatory promotion board under section 14101(a) of this 
title to consider officers for promotion to fill such vacancies, the 
Secretary may limit the officers to be considered by that board to 
those determined to be exceptionally well qualified for promotion under 
such criteria and procedures as the Secretary may by regulation 
prescribe.
    ``(f) Certain Reserve Officers of the Air Force.--A reserve officer 
of the Air Force who (1) is in the Air National Guard of the United 
States and holds the grade of lieutenant colonel, colonel, or brigadier 
general, or (2) is in the Air Force Reserve and holds the grade of 
colonel or brigadier general, is not eligible for consideration for 
promotion by a mandatory promotion board convened under section 
14101(a) of this title.
    ``(g) Nonconsideration of Officers Scheduled for Removal From 
Reserve Active-Status List.--The Secretary of the military department 
concerned may, by regulation, provide for the exclusion from 
consideration for promotion by a promotion board of any officer 
otherwise eligible to be considered by the board who has an established 
date for removal from the reserve active-status list that is not more 
than 90 days after the date on which the selection board for which the 
officer would otherwise be eligible is to be convened.
``Sec. 14302. Promotion zones
    ``(a) Promotion Zones Generally.--For purposes of this chapter, a 
promotion zone is an eligibility category for the consideration of 
officers by a mandatory promotion board. A promotion zone consists of 
those officers on the reserve active-status list who are in the same 
grade and competitive category and who meet the requirements of both 
paragraphs (1) and (2) or the requirements of paragraph (3), as 
follows:
            ``(1)(A) In the case of officers in grades below colonel, 
        for reserve officers of the Army, Air Force, and Marine Corps, 
        or captain, for officers of the Naval Reserve, those who have 
        neither (i) failed of selection for promotion to the next 
        higher grade, nor (ii) been removed from a list of officers 
        recommended for promotion to that grade.
            ``(B) In the case of officers in the grade of colonel or 
        brigadier general, for reserve officers of the Army and Marine 
        Corps, or in the grade of captain or rear admiral (lower half), 
        for reserve officers of the Navy, those who have neither (i) 
        been recommended for promotion to the next higher grade when 
        considered in the promotion zone, nor (ii) been removed from a 
        list of officers recommended for promotion to that grade.
            ``(2) Those officers who are senior to the officer 
        designated by the Secretary of the military department 
        concerned to be the junior officer in the promotion zone 
        eligible for consideration for promotion to the next higher 
        grade and the officer so designated.
            ``(3) Those officers who--
                    ``(A) have been selected from below the zone for 
                promotion to the next higher grade or by a vacancy 
                promotion board, but whose names were removed from the 
                list of officers recommended for promotion to that next 
                higher grade resulting from that selection;
                    ``(B) have not failed of selection for promotion to 
                that next higher grade; and
                    ``(C) are senior to the officer designated by the 
                Secretary of the military department concerned to be 
                the junior officer in the promotion zone eligible for 
                consideration for promotion to that next higher grade 
                and the officer so designated.
    ``(b) Officers Above the Zone.--Officers on the reserve active-
status list are considered to be above the promotion zone for a grade 
and competitive category if they--
            ``(1) are eligible for consideration for promotion to the 
        next higher grade;
            ``(2) are in the same grade as those officers in the 
        promotion zone for that competitive category; and
            ``(3) are senior to the senior officer in the promotion 
        zone for that competitive category.
    ``(c) Officers Below the Zone.--Officers on the reserve active-
status list are considered to be below the promotion zone for a grade 
and competitive category if they--
            ``(1) are eligible for consideration for promotion to the 
        next higher grade;
            ``(2) are in the same grade as those officers in the 
        promotion zone for that competitive category; and
            ``(3) are junior to the junior officer in the promotion 
        zone for that competitive category.
``Sec. 14303. Eligibility for consideration for promotion: minimum 
              years of service in grade
    ``(a) Officers in Pay Grades O-1 and O-2.--An officer who is on the 
reserve active-status list of the Army, Navy, Air Force, or Marine 
Corps and holds a permanent appointment in the grade of second 
lieutenant or first lieutenant as a reserve officer of the Army, Air 
Force, or Marine Corps, or in the grade of ensign or lieutenant (junior 
grade) as a reserve officer of the Navy, may not be promoted to the 
next higher grade, or granted Federal recognition in that grade, until 
the officer has completed the following years of service in grade:
            ``(1) Eighteen months, in the case of an officer holding a 
        permanent appointment in the grade of second lieutenant or 
        ensign.
            ``(2) Two years, in the case of an officer holding a 
        permanent appointment in the grade of first lieutenant or 
        lieutenant (junior grade).
    ``(b) Officers in Pay Grades O-3 and Above.--Subject to subsection 
(d), an officer who is on the reserve active-status list of the Army, 
Air Force, or Marine Corps and holds a permanent appointment in a grade 
above first lieutenant, or who is on the reserve active-status list of 
the Navy in a grade above lieutenant (junior grade), may not be 
considered for selection for promotion to the next higher grade, or 
examined for Federal recognition in the next higher grade, until the 
officer has completed the following years of service in grade:
            ``(1) Three years, in the case of an officer of the Army, 
        Air Force, or Marine Corps holding a permanent appointment in 
        the grade of captain, major, or lieutenant colonel or in the 
        case of a reserve officer of the Navy holding a permanent 
        appointment in the grade of lieutenant, lieutenant commander, 
        or commander.
            ``(2) One year, in the case of an officer of the Army, Air 
        Force, or Marine Corps holding a permanent appointment in the 
        grade of colonel or brigadier general or in the case of a 
        reserve officer of the Navy holding a permanent appointment in 
        the grade of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or assistant 
adjutant general of a State or to an appointment in a higher grade 
which is based upon a specific provision of law.
    ``(c) Authority To Lengthen Minimum Period in Grade.--The Secretary 
concerned may prescribe a period of service in grade for eligibility 
for promotion, in the case of officers to whom subsection (a) applies, 
or for eligibility for consideration for promotion, in the case of 
officers to whom subsection (b) applies, that is longer than the 
applicable period specified in that subsection.
    ``(d) Waivers To Ensure Two Below-the-Zone Considerations.--Subject 
to section 14307(b) of this title, the Secretary of the military 
department concerned may waive subsection (b) to the extent necessary 
to ensure that officers described in paragraph (1) of that subsection 
have at least two opportunities for consideration for promotion to the 
next higher grade as officers below the promotion zone.
``Sec. 14304. Eligibility for consideration for promotion: maximum 
              years of service in grade
    ``(a) Consideration for Promotion Within Specified Times.--(1) 
Officers described in paragraph (3) shall be placed in the promotion 
zone for that officer's grade and competitive category, and shall be 
considered for promotion to the next higher grade by a promotion board 
convened under section 14101(a) of this title, far enough in advance of 
completing the years of service in grade specified in the following 
table so that, if the officer is recommended for promotion, the 
promotion may be effective on or before the date on which the officer 
will complete those years of service.

  
                                                       Maximum years of
``Current Grade
                                                       service in grade
        ``First lieutenant or Lieutenant (junior            5 years    
            grade).
        ``Captain or Navy Lieutenant.................       7 years    
        ``Major or Lieutenant commander..............       7 years    
    ``(2) Paragraph (1) is subject to subsections (a), (b), and (c) of 
section 14301 of this title and applies without regard to vacancies.
    ``(3) Paragraph (1) applies to an officer who is on the reserve 
active-status list of the Army, Navy, Air Force, or Marine Corps and 
who holds a permanent appointment in the grade of first lieutenant, 
captain, or major as a reserve of the Army, Air Force, or Marine Corps, 
or to an officer on the reserve active-status list of the Navy in the 
grade of lieutenant (junior grade), lieutenant, or lieutenant commander 
as a reserve of the Navy, and who, while holding that appointment, has 
not been considered by a selection board convened under section 
14101(a) or 14502 of this title for promotion to the next higher grade.
    ``(b) Promotion Date.--An officer holding a permanent grade 
specified in the table in subsection (a) who is recommended for 
promotion to the next higher grade by a selection board the first time 
the officer is considered for promotion while in or above the promotion 
zone and who is placed on an approved promotion list established under 
section 14308(a) of this title shall (if not promoted sooner or removed 
from that list by the President or by reason of declination) be 
promoted, without regard to the existence of a vacancy, on the date on 
which the officer completes the maximum years of service in grade 
specified in subsection (a). The preceding sentence is subject to the 
limitations of section 12011 of this title.
    ``(c) Waiver Authority for Navy and Marine Corps Running Mate 
System.--If the Secretary of the Navy establishes promotion zones for 
officers on the reserve active-status list of the Navy or the Marine 
Corps Reserve in accordance with a running mate system under section 
14306 of this title, the Secretary may waive the requirements of 
subsection (a) to the extent the Secretary considers necessary in any 
case in which the years of service for promotion, or for consideration 
for promotion, within those zones will exceed the maximum years of 
service in grade specified in subsection (a).
``Sec. 14305. Establishment of promotion zones: mandatory consideration 
              for promotion
    ``(a) Establishment of Zone.--Before convening a mandatory 
promotion board under section 14101(a) of this title, the Secretary of 
the military department concerned shall establish a promotion zone for 
officers serving in each grade and competitive category to be 
considered by the board.
    ``(b) Number in the Zone.--The Secretary concerned shall determine 
the number of officers in the promotion zone for officers serving in 
any grade and competitive category from among officers who are eligible 
for promotion in that grade and competitive category under the 
provisions of sections 14303 and 14304 of this title and who are 
otherwise eligible for promotion.
    ``(c) Factors in Determining Number in the Zone.--The Secretary's 
determination under subsection (b) shall be made on the basis of an 
estimate of the following:
            ``(1) The number of officers needed in that competitive 
        category in the next higher grade in each of the next five 
        years.
            ``(2) In the case of a promotion zone for officers to be 
        promoted to a grade to which the maximum years of in grade 
        criteria established in section 14304 of this title apply, the 
        number of officers in that competitive category who are 
        required to be considered for selection for promotion to the 
        next higher grade under that section.
            ``(3) The number of officers that should be placed in the 
        promotion zone in each of the next five years to provide to 
        officers in those years relatively similar opportunities for 
        promotion.
``Sec. 14306. Establishment of promotion zones: Naval Reserve and 
              Marine Corps Reserve running mate system
    ``(a) Authority of Secretary of the Navy.--The Secretary of the 
Navy may by regulation implement section 14305 of this title by 
requiring that the promotion zone for consideration of officers on the 
reserve active-status list of the Navy or the Marine Corps for 
promotion to the next higher grade be determined in accordance with a 
running mate system as provided in subsection (b).
    ``(b) Assignment of Running Mates.--An officer to whom a running 
mate system applies shall be assigned as a running mate an officer of 
the same grade on the active-duty list of the same armed force. The 
officer on the reserve active-status list is in the promotion zone and 
is eligible for consideration for promotion to the next higher grade by 
a selection board convened under section 14101(a) of this title when 
that officer's running mate is in or above the promotion zone 
established for that officer's grade under chapter 36 of this title.
    ``(c) Consideration of Officers Below the Zone Under a Running Mate 
System.--If the Secretary of the Navy authorizes the selection of 
officers for promotion from below the promotion zone in accordance with 
section 14307 of this title, the number of officers to be considered 
from below the zone may be established through the application of the 
running mate system or otherwise as the Secretary determines to be 
appropriate to meet the needs of the Navy or Marine Corps.
``Sec. 14307. Number of officers to be recommended for promotion
    ``(a) Determination of Maximum Number.--Before convening a 
promotion board under section 14101(a) of this title for a grade and 
competitive category (other than a vacancy promotion board), the 
Secretary of the military department concerned, under regulations 
prescribed by the Secretary of Defense, shall determine the maximum 
number of officers in that grade and competitive category that the 
board may recommend for promotion. The Secretary shall make the 
determination under the preceding sentence of the maximum number that 
may be recommended with a view to having on the reserve active-status 
list a sufficient number of officers in each grade and competitive 
category to meet the needs of the armed force concerned for officers on 
that list. In order to make that determination, the Secretary shall 
determine (1) the number of positions needed to accomplish mission 
objectives which require officers of such competitive category in the 
grade to which the board will recommend officers for promotion, (2) the 
estimated number of officers needed to fill vacancies in such positions 
during the period in which it is anticipated that officers selected for 
promotion will be promoted, (3) the number of officers authorized by 
the Secretary of the military department concerned to serve on the 
reserve active-status list in the grade and competitive category under 
consideration, and (4) any statutory limitation on the number of 
officers in any grade or category (or combination thereof) authorized 
to be on the reserve active-status list.
    ``(b) Below-the-Zone Selections.--(1) The Secretary of the military 
department concerned may, when the needs of the armed force concerned 
require, authorize the consideration of officers in the grade of 
captain, major, or lieutenant colonel on the reserve active-status list 
of the Army or Air Force, in a grade above first lieutenant on the 
reserve active-status list of the Marine Corps, or in a grade above 
lieutenant (junior grade) on the reserve active-status list of the 
Navy, for promotion to the next higher grade from below the promotion 
zone.
    ``(2) When selection from below the promotion zone is authorized, 
the Secretary shall establish the number of officers that may be 
recommended for promotion from below the promotion zone in each 
competitive category to be considered. That number may not exceed the 
number equal to 10 percent of the maximum number of officers that the 
board is authorized to recommend for promotion in such competitive 
category, except that the Secretary of Defense may authorize a greater 
number, not to exceed 15 percent of the total number of officers that 
the board is authorized to recommend for promotion, if the Secretary of 
Defense determines that the needs of the armed force concerned so 
require. If the maximum number determined under this paragraph is less 
than one, the board may recommend one officer for promotion from below 
the promotion zone.
    ``(3) The number of officers recommended for promotion from below 
the promotion zone does not increase the maximum number of officers 
that the board is authorized to recommend for promotion under 
subsection (a).
``Sec. 14308. Promotions: how made
    ``(a) Promotion List.--When the report of a selection board 
convened under section 14101(a) or 14502 of this title is approved by 
the President, the Secretary of the military department concerned shall 
place the names of all officers selected for promotion within a 
competitive category on a single list for that competitive category, to 
be known as a promotion list, in the order of seniority of those 
officers on the reserve active-status list.
    ``(b) Promotion; How Made; Order.--(1) Officers on a promotion list 
for a competitive category shall be promoted in the manner specified in 
section 12203 of this title.
    ``(2) Officers on a promotion list for a competitive category shall 
be promoted to the next higher grade in accordance with regulations 
prescribed by the Secretary of the military department concerned. 
Except as provided in section 14311, 14312, or 14502(e) of this title 
or in subsection (d) or (e), promotions shall be made in the order in 
which the names of officers appear on the promotion list and after 
officers previously selected for promotion in that competitive category 
have been promoted.
    ``(3) Officers to be promoted to the grade of first lieutenant or 
lieutenant (junior grade) shall be promoted in accordance with 
regulations prescribed by the Secretary of the military department 
concerned.
    ``(c) Date of Rank.--(1) The date of rank of an officer appointed 
to a higher grade under this section is determined under section 
741(d)(2) of this title.
    ``(2) Except as specifically authorized by law, a reserve officer 
is not entitled to additional pay or allowances if the effective date 
of the officer's promotion is adjusted to reflect a date earlier than 
the actual date of the officer's promotion.
    ``(d) Officers With Running Mates.--An officer to whom a running 
mate system applies under section 14306 of this title and who is 
selected for promotion is eligible for promotion to the grade for which 
selected when the officer who is that officer's running mate becomes 
eligible for promotion under chapter 36 of this title. The effective 
date of the promotion of that officer shall be the same as that of the 
officer's running mate in the grade to which the running mate is 
promoted.
    ``(e) Army Reserve and Air Force Reserve Promotions To Fill 
Vacancies.--Subject to this section and to section 14311(e) of this 
title, and under regulations prescribed by the Secretary of the 
military department concerned--
            ``(1) an officer in the Army Reserve or the Air Force 
        Reserve who is on a promotion list as a result of selection for 
        promotion by a mandatory promotion board convened under section 
        14101(a) of this title or a board convened under section 14502 
        or chapter 36 of this title may be promoted at any time to fill 
        a vacancy in a position to which the officer is assigned; and
            ``(2) an officer in the Army Reserve or the Air Force 
        Reserve who is on a promotion list as a result of selection for 
        promotion by a vacancy promotion board convened under section 
        14101(a) of this title may be promoted at any time to fill the 
        vacancy for which the officer was selected.
    ``(f) Effective Date of Promotion After Federal Recognition.--The 
effective date of a promotion of a reserve commissioned officer of the 
Army or the Air Force who is extended Federal recognition in the next 
higher grade in the Army National Guard or the Air National Guard under 
section 307 or 310 of title 32 shall be the date on which such Federal 
recognition in that grade is so extended.
    ``(g) Army and Air Force General Officer Promotions.--A reserve 
officer of the Army who is on a promotion list for promotion to the 
grade of brigadier general or major general as a result of selection by 
a vacancy promotion board may be promoted to that grade only to fill a 
vacancy in that grade in a unit of the Army Reserve that is organized 
to serve as a unit and that has attained the strength prescribed by the 
Secretary of the Army. A reserve officer of the Air Force who is on a 
promotion list for promotion to the grade of brigadier general or major 
general as a result of selection by a vacancy promotion board may be 
promoted to that grade only to fill a vacancy in the Air Force Reserve 
in that grade.
``Sec. 14309. Acceptance of promotion; oath of office
    ``(a) Acceptance.--An officer who is appointed to a higher grade 
under this chapter shall be considered to have accepted the appointment 
on the date on which the appointment is made unless the officer 
expressly declines the appointment or is granted a delay of promotion 
under section 14312 of this title.
    ``(b) Oath.--An officer who has served continuously since taking 
the oath of office prescribed in section 3331 of title 5 is not 
required to take a new oath upon appointment to a higher grade under 
this chapter.
``Sec. 14310. Removal of officers from a list of officers recommended 
              for promotion
    ``(a) Removal by President.--The President may remove the name of 
any officer from a promotion list at any time before the date on which 
the officer is promoted.
    ``(b) Removal for Withholding of Senate Advice and Consent.--If the 
Senate does not give its advice and consent to the appointment to the 
next higher grade of an officer whose name is on a list of officers 
approved by the President for promotion (except in the case of 
promotions to a reserve grade to which appointments may be made by the 
President alone), the name of that officer shall be removed from the 
list.
    ``(c) Continued Eligibility for Promotion.--An officer whose name 
is removed from a list under subsection (a) or (b) continues to be 
eligible for consideration for promotion. If that officer is 
recommended for promotion by the next selection board convened for that 
officer's grade and competitive category and the officer is promoted, 
the Secretary of the military department concerned may, upon the 
promotion, grant the officer the same date of rank, the same effective 
date for the pay and allowances of the grade to which promoted, and the 
same position on the reserve active-status list, as the officer would 
have had if the officer's name had not been removed from the list.
``Sec. 14311. Delay of promotion: involuntary
    ``(a) Delay During Investigations and Proceedings.--(1) Under 
regulations prescribed by the Secretary of the military department 
concerned, the appointment of an officer to a higher grade may be 
delayed if any of the following applies before the date on which the 
appointment would otherwise be made:
            ``(A) Sworn charges against the officer have been received 
        by an officer exercising general court-martial jurisdiction 
        over the officer and the charges have not been disposed of.
            ``(B) An investigation is being conducted to determine 
        whether disciplinary action of any kind should be brought 
        against the officer.
            ``(C) A board of officers has been convened under section 
        14903 of this title to review the record of the officer.
            ``(D) A criminal proceeding in a Federal or State court of 
        competent jurisdiction is pending against the officer.
    ``(2) If disciplinary action is not taken against the officer, if 
the charges against the officer are withdrawn or dismissed, if the 
officer is not separated by the Secretary of the military department 
concerned as the result of having been required to show cause for 
retention, or if the officer is acquitted of the charges, as the case 
may be, then (unless action to delay the officer's appointment to the 
higher grade has been taken under subsection (b)) the officer shall be 
retained on the promotion list, list of officers found qualified for 
Federal recognition, or list of officers nominated by the President to 
the Senate for appointment in a higher reserve grade and shall, upon 
promotion to the next higher grade, have the same date of rank, the 
same effective date for the pay and allowances of the grade to which 
promoted, and the same position on the reserve active-status list as 
the officer would have had if no delay had intervened, unless the 
Secretary concerned determines that the officer was unqualified for 
promotion for any part of the delay. If the Secretary makes such a 
determination, the Secretary may adjust such date of rank, effective 
date of pay and allowances, and position on the reserve active-status 
list as the Secretary considers appropriate under the circumstances.
    ``(b) Delay for Lack of Qualifications.--Under regulations 
prescribed by the Secretary of the military department concerned, the 
appointment of an officer to a higher grade may also be delayed if 
there is cause to believe that the officer is mentally, physically, 
morally, or professionally unqualified to perform the duties of the 
grade to which selected. If the Secretary concerned later determines 
that the officer is qualified for promotion to the higher grade, the 
officer shall be retained on the promotion list, the list of officers 
found qualified for Federal recognition, or list of officers nominated 
by the President to the Senate for appointment in a higher reserve 
grade, and shall, upon promotion to that grade, have the same date of 
rank, the same effective date for pay and allowances of that grade, and 
the same position on the reserve active-status list as the officer 
would have had if no delay had intervened, unless the Secretary 
concerned determines that the officer was unqualified for promotion for 
any part of the delay. If the Secretary makes such a determination, the 
Secretary may adjust such date of rank, effective date of pay and 
allowances, and position on the reserve active-status list as the 
Secretary considers appropriate under the circumstances.
    ``(c) Notice to Officer.--(1) The appointment of an officer to a 
higher grade may not be delayed under subsection (a) or (b) unless the 
officer is given written notice of the grounds for the delay. The 
preceding sentence does not apply if it is impracticable to give the 
officer written notice before the date on which the appointment to the 
higher grade would otherwise take effect, but in such a case the 
written notice shall be given as soon as practicable.
    ``(2) An officer whose promotion is delayed under subsection (a) or 
(b) shall be given an opportunity to make a written statement to the 
Secretary of the military department concerned in response to the 
action taken. The Secretary shall give consideration to any such 
statement.
    ``(d) Maximum Length of Delay in Promotion.--The appointment of an 
officer to a higher grade may not be delayed under subsection (a) or 
(b) for more than six months after the date on which the officer would 
otherwise have been promoted unless the Secretary concerned specifies a 
further period of delay. An officer's appointment may not be delayed 
more than 90 days after final action has been taken in any criminal 
case against the officer in a Federal or State court of competent 
jurisdiction or more than 90 days after final action has been taken in 
any court-martial case against the officer. Except for court action, a 
promotion may not be delayed more than 18 months after the date on 
which the officer would otherwise have been promoted.
    ``(e) Delay Because of Limitations on Officer Strength in Grade or 
Duties to Which Assigned.--(1) Under regulations prescribed by the 
Secretary of Defense, the promotion of a reserve officer on the reserve 
active-status list who is serving on active duty, or who is on full-
time National Guard duty for administration of the reserves or the 
National Guard, to a grade to which the strength limitations of section 
12011 of this title apply shall be delayed if necessary to ensure 
compliance with those strength limitations. The delay shall expire when 
the Secretary determines that the delay is no longer required to ensure 
such compliance.
    ``(2) The promotion of an officer described in paragraph (1) shall 
also be delayed while the officer is on duty described in that 
paragraph unless the Secretary of the military department concerned, 
under regulations prescribed by the Secretary of Defense, determines 
that the duty assignment of the officer requires a higher grade than 
the grade currently held by the officer.
    ``(3) The date of rank and position on the reserve active-status 
list of a reserve officer whose promotion to or Federal recognition in 
the next higher grade was delayed under paragraph (1) or (2) solely as 
the result of the limitations imposed under the regulations prescribed 
by the Secretary of Defense or contained in section 12011 of this title 
shall be the date on which the officer would have been promoted to or 
recognized in the higher grade had such limitations not existed.
    ``(4) If an officer whose promotion is delayed under paragraph (1) 
or (2) completes the period of active duty or full-time National Guard 
duty that the officer is required by law or regulation to perform as a 
member of a reserve component, the officer may request release from 
active duty or full-time National Guard duty. If the request is 
granted, the officer's promotion shall be effective upon the officer's 
release from such duty. The date of rank and position on the reserve 
active-status list of the officer shall be the date the officer would 
have been promoted to or recognized in the higher grade had the 
limitations imposed under regulations prescribed by the Secretary of 
Defense contained in section 12011 of this title not existed. If an 
officer whose promotion is delayed under paragraph (1) or (2) has not 
completed the period of active duty or full-time National Guard duty 
that the officer is required by law or regulation to perform as a 
member of a reserve component, the officer may be retained on active 
duty or on full-time National Guard duty in the grade in which the 
officer was serving before the officer's being found qualified for 
Federal recognition or the officer's selection for the promotion until 
the officer completes that required period of duty.
``Sec. 14312. Delay of promotion: voluntary
    ``(a) Authority for Voluntary Delays.--(1) The Secretary of the 
military department concerned may, by regulation, permit delays of a 
promotion of an officer who is recommended for promotion by a mandatory 
selection board convened under section 14101(a) or a special selection 
board convened under section 14502 of this title at the request of the 
officer concerned. Such delays, in the case of any promotion, may 
extend for any period not to exceed three years from the date on which 
the officer would otherwise be promoted.
    ``(2) Regulations under this section shall provide that--
            ``(A) a request for such a delay of promotion must be 
        submitted by the officer concerned before the delay may be 
        approved; and
            ``(B) denial of such a request shall not be considered to 
        be a failure of selection for promotion unless the officer 
        declines to accept a promotion under circumstances set forth in 
        subsection (c).
    ``(b) Effect of Approval of Request.--If a request for delay of a 
promotion under subsection (a) is approved, the officer's name shall 
remain on the promotion list during the authorized period of delay 
(unless removed under any other provision of law). Upon the end of the 
period of the authorized delay, or at any time during such period, the 
officer may accept the promotion, which shall be effective on the date 
of acceptance. Such an acceptance of a promotion shall be made in 
accordance with regulations prescribed under this section.
    ``(c) Effect of Declining a Promotion.--An officer's name shall be 
removed from the promotion list and, if the officer is serving in a 
grade below colonel or, in the case of the Navy, captain, the officer 
shall be considered to have failed of selection for promotion if any of 
the following applies:
            ``(1) The Secretary concerned has not authorized voluntary 
        delays of promotion under subsection (a) to the grade concerned 
        and the officer declines to accept an appointment to a higher 
        grade.
            ``(2) The Secretary concerned has authorized voluntary 
        delays of promotion under subsection (a), but has denied the 
        request of the officer for a delay of promotion and the officer 
        then declines to accept an appointment to a higher grade.
            ``(3) The Secretary concerned has approved the request of 
        an officer for a delay of promotion and, upon the end of the 
        period of delay authorized in accordance with regulations 
        prescribed under subsection (a), the officer then declines to 
        accept an appointment to a higher grade.
``Sec. 14313. Authority to vacate promotions to grade of brigadier 
              general or rear admiral (lower half)
    ``(a) Authority.--The President may vacate the appointment of a 
reserve officer to the grade of brigadier general or rear admiral 
(lower half) if the period of time during which the officer has served 
in that grade after promotion to that grade is less than 18 months.
    ``(b) Effect of Promotion Being Vacated.--Except as provided in 
subsection (c), an officer whose promotion to the grade of brigadier 
general is vacated under this section holds the grade of colonel as a 
reserve of the armed force of which the officer is a member. An officer 
whose promotion to the grade of rear admiral (lower half) is vacated 
under this section holds the grade of captain in the Naval Reserve. 
Upon assuming the lower grade, the officer shall have the same position 
on the reserve active-status list as the officer would have had if the 
officer had not served in the higher grade.
    ``(c) Special Rule for Officers Serving as Adjutant General.--In 
the case of an officer serving as an adjutant general or assistant 
adjutant general whose promotion to the grade of brigadier general is 
vacated under this section, the officer then holds the reserve grade 
held by that officer immediately before the officer's appointment as 
adjutant general or assistant adjutant general.
``Sec. 14314. Army and Air Force commissioned officers: generals 
              ceasing to occupy positions commensurate with grade; 
              State adjutants general
    ``(a) General Officers.--Within 30 days after a reserve officer of 
the Army or the Air Force on the reserve active-status list in a 
general officer grade ceases to occupy a position commensurate with 
that grade (or commensurate with a higher grade), the Secretary 
concerned shall transfer or discharge the officer in accordance with 
whichever of the following the officer elects:
            ``(1) Transfer the officer in grade to the Retired Reserve, 
        if the officer is qualified and applies for the transfer.
            ``(2) Transfer the officer in grade to the inactive status 
        list of the Standby Reserve, if the officer is qualified.
            ``(3) Discharge the officer from the officer's reserve 
        appointment and, if the officer is qualified and applies 
        therefor, appoint the officer in the reserve grade held by the 
        officer as a reserve officer before the officer's appointment 
        in a general officer grade.
            ``(4) Discharge the officer from the officer's reserve 
        appointment.
    ``(b) Adjutants General.--If a reserve officer who is federally 
recognized in the Army National Guard or the Air National Guard solely 
because of the officer's appointment as adjutant general or assistant 
adjutant general of a State ceases to occupy that position, the 
Secretary concerned, not later than 30 days after the date on which the 
officer ceases to occupy that position, shall--
            ``(1) withdraw that officer's Federal recognition; and
            ``(2) require that the officer--
                    ``(A) be transferred in grade to the Retired 
                Reserve, if the officer is qualified and applies for 
                the transfer;
                    ``(B) be discharged from the officer's reserve 
                appointment and appointed in the reserve grade held by 
                the officer as a reserve officer of the Air Force 
                immediately before the appointment of that officer as 
                adjutant general or assistant adjutant general, if the 
                officer is qualified and applies for that appointment; 
                or
                    ``(C) be discharged from the officer's reserve 
                appointment.
    ``(c) Credit for Service in Grade.--An officer who is appointed 
under subsection (a)(3) or (b)(2)(B) shall be credited with an amount 
of service in the grade in which appointed that is equal to the amount 
of prior service in an active status in that grade and in any higher 
grade.
``Sec. 14315. Position vacancy promotions: Army and Air Force officers
    ``(a) Officers Eligible for Consideration For Vacancy Promotions 
Below Brigadier General.--
A reserve officer of the Army who is in the Army Reserve, or a Reserve 
officer of the Air Force who is in the Air Force Reserve, who is on the 
reserve active-status list in the grade of first lieutenant, captain, 
major, or lieutenant colonel is eligible for consideration for 
promotion to the next higher grade under this section if each of the 
following applies:
            ``(1) The officer is occupying or, as determined by the 
        Secretary concerned, is available to occupy a position in the 
        same competitive category as the officer and for which a grade 
        higher than the one held by that officer is authorized.
            ``(2) The officer is fully qualified to meet all 
        requirements for the position as established by the Secretary 
        of the military department concerned.
            ``(3) The officer has held the officer's present grade for 
        the minimum period of service prescribed in section 14303 of 
        this title for eligibility for consideration for promotion to 
        the higher grade.
    ``(b) Consideration for Vacancy Promotion to Brigadier General or 
Major General.--(1) A reserve officer of the Army who is in the Army 
Reserve and on the reserve active-status list in the grade of colonel 
or brigadier general may be considered for promotion to the next higher 
grade under this section if the officer (A) is assigned to the duties 
of a general officer of the next higher reserve grade in a unit of the 
Army Reserve organized to serve as a unit, (B) has held the officer's 
present grade for the minimum period of service prescribed in section 
14303 of this title for eligibility for consideration for promotion to 
the higher grade, and (C) meets the standards for consideration 
prescribed by the Secretary of the Army.
    ``(2) A reserve officer of the Air Force who is in the Air Force 
Reserve and on the reserve active-status list in the grade of colonel 
or brigadier general may be considered for promotion to the next higher 
grade under this section if the officer (A) is assigned to the duties 
of a general officer of the next higher reserve grade, and (B) meets 
the standards for consideration prescribed by the Secretary of the Air 
Force.
    ``(c) Vacancy Promotion Boards.--Consideration for promotion under 
this section shall be by a vacancy promotion board convened under 
section 14101(a) of this title.
    ``(d) Effect of Nonselection.--An officer who is considered for 
promotion under this section and is not selected shall not be 
considered to have failed of selection for promotion.
    ``(e) Special Rule for Officers Failed of Selection.--A reserve 
officer of the Army or the Air Force who is considered as failed of 
selection for promotion under section 14501 of this title to a grade 
may be considered for promotion under this section or, if selected, 
promoted to that grade only if the Secretary of the military department 
concerned finds that the officer is the only qualified officer 
available to fill the vacancy. The Secretary concerned may not delegate 
the authority under the preceding sentence.
``Sec. 14316. Army National Guard and Air National Guard: appointment 
              to and Federal recognition in a higher reserve grade 
              after selection for promotion
    ``(a) Opportunity for Promotion To Fill a Vacancy in the Guard.--If 
an officer of the Army National Guard of the United States or the Air 
National Guard of the United States is recommended by a mandatory 
selection board convened under section 14101(a) or a special selection 
board convened under section 14502 of this title for promotion to the 
next higher grade, an opportunity shall be given to the appropriate 
authority of the State to promote that officer to fill a vacancy in the 
Army National Guard or the Air National Guard of that jurisdiction.
    ``(b) Automatic Federal Recognition.--An officer of the Army 
National Guard of the United States or the Air National Guard of the 
United States who is on a promotion list for promotion to the next 
higher grade as a result of selection for promotion as described in 
subsection (a) and who before the date of promotion is appointed in 
that higher grade to fill a vacancy in the Army National Guard or Air 
National Guard shall--
            ``(1) be extended Federal recognition in that grade, 
        without the examination prescribed in section 307 of title 32; 
        and
            ``(2) subject to section 14311(e) of this title, be 
        promoted to that reserve grade effective on the date of the 
        officer's appointment in that grade in the Army National Guard 
        or Air National Guard.
    ``(c) National Guard Officers Failed of Selection.--An officer who 
is considered as failed of selection for promotion under section 14501 
of this title to a grade may be extended Federal recognition in that 
grade only if the Secretary of the military department concerned finds 
that the officer is the only qualified officer available to fill a 
vacancy. The Secretary concerned may not delegate the authority under 
the preceding sentence.
    ``(d) Transfer to Army Reserve or Air Force Reserve.--If, on the 
date on which an officer of the Army National Guard of the United 
States or of the Air National Guard of the United States who is on a 
promotion list as described in subsection (a) is to be promoted, the 
officer has not been promoted to fill a vacancy in the higher grade in 
the Army National Guard or the Air National Guard, the officer's 
Federal recognition in the officer's reserve grade shall be withdrawn 
and the officer shall be promoted and transferred to the Army Reserve 
or the Air Force Reserve as appropriate.
``Sec. 14317. Officers in transition to and from the active-status list 
              or active-duty list
    ``(a) Effect of Transfer to Inactive Status or Retired Status.--If 
a reserve officer on the reserve active-status list is transferred to 
an inactive status or to a retired status after having been recommended 
for promotion to a higher grade under this chapter or chapter 36 of 
this title, or after having been found qualified for Federal 
recognition in the higher grade under title 32, but before being 
promoted, the officer--
            ``(1) shall be treated as if the officer had not been 
        considered and recommended for promotion by the selection board 
        or examined and been found qualified for Federal recognition; 
        and
            ``(2) may not be placed on a promotion list or promoted to 
        the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a selection 
board convened under chapter 36 of this title or section 14101(a) or 
14502 of this title or examined for Federal recognition under title 32.
    ``(b) Effect of Placement on Active-Duty List.--A reserve officer 
who is on a promotion list as a result of selection for promotion by a 
mandatory promotion board convened under section 14101(a) or a special 
selection board convened under section 14502 of this title and who 
before being promoted is placed on the active-duty list of the same 
armed force and placed in the same competitive category shall, under 
regulations prescribed by the Secretary of Defense, be placed on an 
appropriate promotion list for officers on the active-duty list 
established under chapter 36 of this title.
    ``(c) Officers on a Promotion List Removed From Active-Duty List.--
An officer who is on the active-duty list and is on a promotion list as 
the result of selection for promotion by a selection board convened 
under chapter 36 of this title and who before being promoted is removed 
from the active-duty list and placed on the reserve active-status list 
of the same armed force and in the same competitive category (including 
a regular officer who on removal from the active-duty list is appointed 
as a reserve officer and placed on the reserve active-status list) 
shall, under regulations prescribed by the Secretary of Defense, be 
placed on an appropriate promotion list established under this chapter.
    ``(d) Officers Selected for Position Vacancies.--If a reserve 
officer is ordered to active duty (other than active duty for training) 
or full-time National Guard duty (other than full-time National Guard 
duty for training only) after being recommended for promotion under 
section 14314 of this title to fill a position vacancy or examined for 
Federal recognition under title 32, and before being promoted to fill 
that vacancy, the officer shall not be promoted while serving such 
active duty or full-time National Guard duty unless the officer is 
ordered to active duty as a member of the unit in which the vacancy 
exists when that unit is ordered to active duty. If, under this 
subsection, the name of an officer is removed from a list of officers 
recommended for promotion, the officer shall be treated as if the 
officer had not been considered for promotion or examined for Federal 
recognition.
    ``(e) Under regulations prescribed by the Secretary of the military 
department concerned, a reserve officer who is not on the active-duty 
list and who is ordered to active duty in time of war or national 
emergency may, if eligible, be considered for promotion by a mandatory 
promotion board convened under section 14101(a) or a special selection 
board convened under section 14502 of this title for not more than two 
years from the date the officer is ordered to active duty unless the 
President suspends the operation of this section under the provisions 
of section 10213 or 644 of this title.

  ``CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY 
                               SEPARATION

``Sec.
``14501. Failure of selection for promotion.
``14502. Special selection boards: correction of errors.
``14503. Discharge of officers with less than five years of 
                            commissioned service or found not qualified 
                            for promotion to first lieutenant or 
                            lieutenant (junior grade).
``14504. Effect of failure of selection for promotion: reserve first 
                            lieutenants of the Army, Air Force, and 
                            Marine Corps and reserve lieutenants 
                            (junior grade) of the Navy.
``14505. Effect of failure of selection for promotion: reserve captains 
                            of the Army, Air Force, and Marine Corps 
                            and reserve lieutenants of the Navy.
``14506. Effect of failure of selection for promotion: reserve majors 
                            of the Army, Air Force, and Marine Corps 
                            and lieutenant commanders of the Navy.
``14507. Removal from the active-status list for years of service: 
                            reserve lieutenant colonels and colonels of 
                            the Army, Air Force, and Marine Corps and 
                            reserve commanders and captains of the 
                            Navy.
``14508. Removal from the reserve active-status list for years of 
                            service: reserve general and flag officers.
``14509. Separation at age 60: reserve officers below brigadier general 
                            or rear admiral (lower half).
``14510. Separation at age 60: reserve brigadier generals and rear 
                            admirals (lower half).
``14511. Separation at age 62: major generals and rear admirals.
``14512. Separation at age 64: officers holding certain offices.
``14513. Separation for failure of selection of promotion.
``14514. Discharge or retirement for years of service or after 
                            selection for early removal.
``14515. Discharge or retirement for age.
``14516. Separation to be considered involuntary.
``14517. Entitlement of officers discharged under this chapter to 
                            separation pay.
``Sec. 14501. Failure of selection for promotion
    ``(a) An officer on the reserve active-status list in a grade below 
the grade of colonel or, in the case of an officer in the Naval 
Reserve, captain who is in or above the promotion zone established for 
that officer's grade and competitive category and who (1) is considered 
but not recommended for promotion (other than by a vacancy promotion 
board), or (2) declines to accept a promotion for which selected (other 
than by a vacancy promotion board), shall be considered to have failed 
of selection for promotion.
    ``(b) Officers Twice Failed of Selection.--An officer shall be 
considered for all purposes to have twice failed of selection for 
promotion if any of the following applies:
            ``(1) The officer is considered but not recommended for 
        promotion a second time by a mandatory promotion board convened 
        under section 14101(a) or a special selection board convened 
        under section 14502(a) of this title.
            ``(2) The officer declines to accept a promotion for which 
        recommended by a mandatory promotion board convened under 
        section 14101(a) or a special selection board convened under 
        section 14502(a) or 14502(b) of this title after previously 
        failing of selection or after the officer's name was removed 
        from the report of a selection board under section 14111(b) or 
        from a promotion list under section 14310 of this title after 
        recommendation for promotion by an earlier selection board 
        described in subsection (a).
            ``(3) The officer's name has been removed from the report 
        of a selection board under section 14111(b) or from a promotion 
        list under section 14310 of this title after recommendation by 
        a mandatory promotion board convened under section 14101(a) or 
        by a special selection board convened under section 14502(a) or 
        14502(b) of this title and--
                    ``(A) the officer is not recommended for promotion 
                by the next mandatory promotion board convened under 
                section 14101(a) or special selection board convened 
                under section 14502(a) of this title for that officer's 
                grade and competitive category; or
                    ``(B) the officer's name is again removed from the 
                report of a selection board under section 14111(b) or 
                from a promotion list under section 14310 of this 
                title.
``Sec. 14502. Special selection boards: correction of errors
    ``(a) Officers Not Considered Because of Administrative Error.--(1) 
In the case of an officer or former officer who the Secretary of the 
military department concerned determines was not considered for 
selection for promotion from in or above the promotion zone by a 
mandatory promotion board convened under section 14101(a) of this title 
because of administrative error, the Secretary concerned shall convene 
a special selection board under this subsection to determine whether 
such officer or former officer should be recommended for promotion. Any 
such board shall be convened under regulations prescribed by the 
Secretary of Defense and shall be appointed and composed in accordance 
with section 14102 of this title and shall include the representation 
of competitive categories required by that section. The members of a 
board convened under this subsection shall be required to take an oath 
in the same manner as prescribed in section 14103 of this title.
    ``(2) A special selection board convened under this subsection 
shall consider the record of the officer or former officer as that 
record would have appeared to the promotion board that should have 
considered the officer or former officer. That record shall be compared 
with a sampling of the records of those officers of the same grade and 
competitive category who were recommended for promotion and those 
officers of the same grade and competitive category who were not 
recommended for promotion by that board.
    ``(3) If a special selection board convened under paragraph (1) 
does not recommend for promotion an officer or former officer in a 
grade below the grade of colonel or, in the case of an officer or 
former officer of the Navy, captain, whose name was referred to it for 
consideration, the officer or former officer shall be considered to 
have failed of selection for promotion.
    ``(b) Officers Considered but Not Selected; Material Error.--(1) In 
the case of an officer or former officer who was eligible for promotion 
and was considered for selection for promotion from in or above the 
promotion zone under this chapter by a selection board but was not 
selected, the Secretary of the military department concerned may, under 
regulations prescribed by the Secretary of Defense, convene a special 
selection board under this subsection to determine whether the officer 
or former officer should be recommended for promotion, if the Secretary 
determines that--
            ``(A) the action of the selection board that considered the 
        officer or former officer was contrary to law or involved 
        material error of fact or material administrative error; or
            ``(B) the selection board did not have before it for its 
        consideration material information.
    ``(2) A special selection board convened under paragraph (1) shall 
be appointed and composed in accordance with section 14102 of this 
title (including the representation of competitive categories required 
by that section), and the members of such a board shall take an oath in 
the same manner as prescribed in section 14103 of this title.
    ``(3) Such board shall consider the record of the officer or former 
officer as that record, if corrected, would have appeared to the 
selection board that considered the officer or former officer. That 
record shall be compared with a sampling of the records of those 
officers of the same grade and competitive category who were 
recommended for promotion and those officers of the same grade and 
competitive category who were not recommended for promotion by that 
board.
    ``(4) If a special selection board convened under paragraph (1) 
does not recommend for promotion an officer or former officer in the 
grade of lieutenant colonel or commander or below whose name was 
referred to it for consideration, the officer or former officer shall 
be considered to have failed of selection for promotion by the board 
which did consider the officer but incurs no additional failure of 
selection for promotion from the action of the special selection board.
    ``(c) Report.--Each special selection board convened under this 
section shall submit to the Secretary of the military department 
concerned a written report, signed by each member of the board, 
containing the name of each officer it recommends for promotion and 
certifying that the board has considered carefully the record of each 
officer whose name was referred to it.
    ``(d) Applicable Provisions.--The provisions of sections 14104, 
14109, 14110, and 14111 of this title apply to the report and 
proceedings of a special selection board convened under this section in 
the same manner as they apply to the report and proceedings of a 
promotion board convened under section 14101(a) of this title.
    ``(e) Appointment of Officers Recommended for Promotion.--(1) An 
officer whose name is placed on a promotion list as a result of 
recommendation for promotion by a special selection board convened 
under this section, shall, as soon as practicable, be appointed to the 
next higher grade in accordance with the law and policies which would 
have been applicable had he been recommended for promotion by the board 
which should have considered or which did consider him.
    ``(2) An officer who is promoted to the next higher grade as the 
result of the recommendation of a special selection board convened 
under this section shall, upon such promotion, have the same date of 
rank, the same effective date for the pay and allowances of that grade, 
and the same position on the reserve active-status list as the officer 
would have had if the officer had been recommended for promotion to 
that grade by the selection board which should have considered, or 
which did consider, the officer.
    ``(3) If the report of a special selection board convened under 
this section, as approved by the President, recommends for promotion to 
the next higher grade an officer not currently eligible for promotion 
or a former officer whose name was referred to it for consideration, 
the Secretary concerned may act under section 1552 of this title to 
correct the military record of the officer or former officer to correct 
an error or remove an injustice resulting from not being selected for 
promotion by the board which should have considered, or which did 
consider, the officer.
    ``(f) Time Limits for Consideration.--The Secretary of Defense may 
prescribe by regulation the circumstances under which consideration by 
a special selection board is contingent upon application for 
consideration by an officer or former officer and time limits within 
which an officer or former officer must make such application in order 
to be considered by a special selection board under this section.
    ``(g) Limitation of Other Jurisdiction.--No official or court of 
the United States shall have power or jurisdiction--
            ``(1) over any claim based in any way on the failure of an 
        officer or former officer of the armed forces to be selected 
        for promotion by a selection board convened under chapter 1403 
        of this title until--
                    ``(A) the claim has been referred to a special 
                selection board by the Secretary concerned and acted 
                upon by that board; or
                    ``(B) the claim has been rejected by the Secretary 
                without consideration by a special selection board; or
            ``(2) to grant any relief on such a claim unless the 
        officer or former officer has been selected for promotion by a 
        special selection board convened under this section to consider 
        the officer's claim.
    ``(h) Judicial Review.--(1) A court of the United States may review 
a determination by the Secretary concerned under subsection (a)(1), 
(b)(1), or (e)(3) not to convene a special selection board. If a court 
finds the determination to be arbitrary or capricious, not based on 
substantial evidence, or otherwise contrary to law, it shall remand the 
case to the Secretary concerned, who shall provide for consideration of 
the officer or former officer by a special selection board under this 
section.
    ``(2) If a court finds that the action of a special selection board 
which considers an officer or former officer was contrary to law or 
involved material error of fact or material administrative error, it 
shall remand the case to the Secretary concerned, who shall provide the 
officer or former officer reconsideration by a new special selection 
board.
    ``(i) Designation of Boards.--The Secretary of the military 
department concerned may designate a promotion board convened under 
section 14101(a) of this title as a special selection board convened 
under this section. A board so designated may function in both 
capacities.
``Sec. 14503. Discharge of officers with less than five years of 
              commissioned service or found not qualified for promotion 
              to first lieutenant or lieutenant (junior grade)
    ``(a) Authorized Discharges.--The Secretary of the military 
department concerned may discharge any reserve officer who--
            ``(1) has less than five years of service in an active 
        status as a commissioned officer; or
            ``(2) is serving in the grade of second lieutenant or 
        ensign and has been found not qualified for promotion to the 
        grade of first lieutenant or lieutenant (junior grade).
    ``(b) Time for Discharge.--(1) An officer described in subsection 
(a)(2)--
            ``(A) may be discharged at any time after being found not 
        qualified for promotion; and
            ``(B) if not sooner discharged, shall be discharged at the 
        end of the 18-month period beginning on the date on which the 
        officer is first found not qualified for promotion.
    ``(2) Paragraph (1) shall not apply if the officer is sooner 
promoted.
    ``(c) Regulations.--Discharges under this section shall be made 
under regulations prescribed by the Secretary of Defense and may be 
made without regard to section 12645 of this title.
``Sec. 14504. Effect of failure of selection for promotion: reserve 
              first lieutenants of the Army, Air Force, and Marine 
              Corps and reserve lieutenants (junior grade) of the Navy
    ``(a) General Rule.--A first lieutenant on the reserve active-
status list of the Army, Air Force, or Marine Corps or a lieutenant 
(junior grade) on the reserve active-status list of the Navy who has 
failed of selection for promotion to the next higher grade for the 
second time and whose name is not on a list of officers recommended for 
promotion to the next higher grade shall be separated in accordance 
with section 14513 of this title not later than the first day of the 
seventh month after the month in which the President approves the 
report of the board which considered the officer for the second time.
    ``(b) Exceptions.--Subsection (a) does not apply (1) in the case of 
an officer retained as provided by regulation of the Secretary of the 
military department concerned in order to meet planned mobilization 
needs for a period not in excess of 24 months beginning with the date 
on which the President approves the report of the selection board which 
resulted in the second failure, or (2) as provided in section 12646 or 
12686 of this title.
``Sec. 14505. Effect of failure of selection for promotion: reserve 
              captains of the Army, Air Force, and Marine Corps and 
              reserve lieutenants of the Navy
    ``Unless retained as provided in section 12646 or 12686 of this 
title, a captain on the reserve active-status list of the Army, Air 
Force, or Marine Corps or a lieutenant on the reserve active-status 
list of the Navy who has failed of selection for promotion to the next 
higher grade for the second time and whose name is not on a list of 
officers recommended for promotion to the next higher grade and who has 
not been selected for continuation on the reserve active-status list 
under section 14701 of this title, shall be separated in accordance 
with section 14513 of this title not later than the first day of the 
seventh month after the month in which the President approves the 
report of the board which considered the officer for the second time.
``Sec. 14506. Effect of failure of selection for promotion: reserve 
              majors of the Army, Air Force and Marine Corps and 
              reserve lieutenant commanders of the Navy
    ``Unless retained as provided in section 12646, 12686, 14701, or 
14702 of this title, each reserve officer of the Army, Navy, Air Force, 
or Marine Corps who holds the grade of major or lieutenant commander 
who has failed of selection to the next higher grade for the second 
time and whose name is not on a list of officers recommended for 
promotion to the next higher grade shall, if not earlier removed from 
the reserve active-status list, be removed from that list in accordance 
with section 14513 of this title on the first day of the month after 
the month in which the officer completes 20 years of commissioned 
service.
``Sec. 14507. Removal from the reserve active-status list for years of 
              service: reserve lieutenant colonels and colonels of the 
              Army, Air Force, and Marine Corps and reserve commanders 
              and captains of the Navy
    ``(a) Lieutenant Colonels and Commanders.--Unless continued on the 
reserve active-status list under section 14701 or 14702 of this title 
or retained as provided in section 12646 or 12686 of this title, each 
reserve officer of the Army, Navy, Air Force, or Marine Corps who holds 
the grade of lieutenant colonel or commander and who is not on a list 
of officers recommended for promotion to the next higher grade shall 
(if not earlier removed from the reserve active-status list) be removed 
from that list under section 14514 of this title on the first day of 
the month after the month in which the officer completes 28 years of 
commissioned service.
    ``(b) Colonels and Navy Captains.--Unless continued on the reserve 
active-status list under section 14701 or 14702 of this title or 
retained as provided in section 12646 or 12686 of this title, each 
reserve officer of the Army, Air Force, or Marine Corps who holds the 
grade of colonel, and each reserve officer of the Navy who holds the 
grade of captain, and who is not on a list of officers recommended for 
promotion to the next higher grade shall (if not earlier removed from 
the reserve active-status list) be removed from that list under section 
14514 of this title on the first day of the month after the month in 
which the officer completes 30 years of commissioned service. This 
subsection does not apply to the adjutant general or assistant 
adjutants general of a State.
``Sec. 14508. Removal from the reserve active-status list for years of 
              service: reserve general and flag officers
    ``(a) Thirty Years Service or Five Years in Grade.--Unless retired, 
transferred to the Retired Reserve, or discharged at an earlier date, 
each reserve officer of the Army, Air Force, or Marine Corps in the 
grade of brigadier general who has not been recommended for promotion 
to the grade of major general, and each reserve officer of the Navy in 
the grade of rear admiral (lower half) who has not been recommended for 
promotion to rear admiral shall, 30 days after completion of 30 years 
of commissioned service or on the fifth anniversary of the date of the 
officer's appointment in the grade of brigadier general or rear admiral 
(lower half), whichever is later, be separated in accordance with 
section 14514 of this title.
    ``(b) Thirty-Five Years Service or Five Years in Grade.--Unless 
retired, transferred to the Retired Reserve, or discharged at an 
earlier date, each reserve officer of the Army, Air Force, or Marine 
Corps in the grade of major general, and each reserve officer of the 
Navy in the grade of rear admiral, shall, 30 days after completion of 
35 years of commissioned service or on the fifth anniversary of the 
date of the officer's appointment in the grade of major general or rear 
admiral, whichever is later, be separated in accordance with section 
14514 of this title.
    ``(c) Retention of Brigadier Generals.--A reserve officer of the 
Army or Air Force in the grade of brigadier general who would otherwise 
be removed from an active status under this subsection (a) may, in the 
discretion of the Secretary of the Army or the Secretary of the Air 
Force, as the case may be, be retained in an active status, but not 
later than the date on which the officer becomes 60 years of age. Not 
more than 10 officers of the Army and not more than 10 officers of the 
Air Force may be retained under this subsection at any one time.
    ``(d) Retention of Major Generals.--A reserve officer of the Army 
or Air Force in the grade of major general who would otherwise be 
removed from an active status under this subsection (b) may, in the 
discretion of the Secretary of the Army or the Secretary of the Air 
Force, as the case may be, be retained in an active status, but not 
later than the date on which the officer becomes 62 years of age. Not 
more than 10 officers of the Army and not more than 10 officers of the 
Air Force may be retained under this subsection at any one time.
    ``(e) Exception for State Adjutants General and Assistant Adjutants 
General.--This section does not apply to an officer who is the adjutant 
general or assistant adjutant general of a State.
``Sec. 14509. Separation at age 60: reserve officers in grades below 
              brigadier general or rear admiral (lower half)
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps in a grade below brigadier general or rear admiral (lower half) 
who has not been recommended for promotion to the grade of brigadier 
general or rear admiral (lower half) and is not a member of the Retired 
Reserve shall, on the last day of the month in which that officer 
becomes 60 years of age, be separated in accordance with section 14515 
of this title.
``Sec. 14510. Separation at age 60: reserve brigadier generals and rear 
              admirals (lower half)
    ``Unless retired, transferred to the Retired Reserve, or discharged 
at an earlier date, each reserve officer of the Army, Air Force, or 
Marine Corps in the grade of brigadier general who has not been 
recommended for promotion to the grade of major general, and each 
reserve rear admiral (lower half) of the Navy who has not been 
recommended for promotion to the grade of rear admiral, except an 
officer covered by section 14512 of this title, shall be separated in 
accordance with section 14515 of this title on the last day of the 
month in which the officer becomes 60 years of age.
``Sec. 14511. Separation at age 62: major generals and rear admirals
    ``Unless retired, transferred to the Retired Reserve, or discharged 
at an earlier date, each reserve officer of the Army, Air Force, or 
Marine Corps in the grade of major general and each reserve officer of 
the Navy in the grade of rear admiral, except an officer covered by 
section 14512 of this title, shall be separated in accordance with 
section 14515 of this title on the last day of the month in which the 
officer becomes 62 years of age.
``Sec. 14512. Separation at age 64: officers holding certain offices
    ``(a) Army and Air Force.--Unless retired, transferred to the 
Retired Reserve, or discharged at an earlier date, a reserve officer of 
the Army or Air Force who is Chief of the National Guard Bureau, an 
adjutant general, or if a reserve officer of the Army, commanding 
general of the troops of a State, shall on the last day of the month in 
which the officer becomes 64 years of age, be separated in accordance 
with section 14515 of this title.
    ``(b) Navy and Marine Corps.--The Secretary of the Navy may defer 
the retirement under section 14510 or 14511 of a reserve officer of the 
Navy in a grade above captain or a reserve officer of the Marine Corps 
in a grade above colonel and retain the officer in an active status 
until the officer becomes 64 years of age. Not more than 10 officers 
may be so deferred at any one time, distributed between the Naval 
Reserve and the Marine Corps Reserve as the Secretary determines.
``Sec. 14513. Separation for failure of selection of promotion
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status and whose removal from an active 
status or from a reserve active-status list is required by section 
14504, 14505, or 14506 of this title shall (unless the officer's 
separation is deferred or the officer is continued in an active status 
under another provision of law) not later than the date specified in 
those sections--
            ``(1) be transferred to an inactive status if the Secretary 
        concerned determines that the officer has skills which may be 
        required to meet the mobilization needs of the officer's armed 
        force;
            ``(2) be transferred to the Retired Reserve, if the officer 
        is qualified and applies for such transfer; or
            ``(3) if the officer is not transferred to an inactive 
        status or to the Retired Reserve, be discharged from the 
        officer's reserve appointment.
``Sec. 14514. Discharge or retirement for years of service or after 
              selection for early removal
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status and who is required to be removed from 
an active status or from a reserve active-status list, as the case may 
be, under section 14507, 14508, 14704, or 14705 of this title (unless 
the officer is sooner separated or the officer's separation is deferred 
or the officer is continued in an active status under another provision 
of law), in accordance with those sections, shall--
            ``(1) be transferred to the Retired Reserve, if the officer 
        is qualified and applies for such transfer; or
            ``(2) if the officer is not qualified or does not apply for 
        such transfer, be discharged from the officer's reserve 
        appointment.
``Sec. 14515. Discharge or retirement for age
    ``Each reserve officer of the Army, Navy, Air Force, or Marine 
Corps who is in an active status or on an inactive status list and who 
reaches the maximum age specified in section 14509, 14510, 14511, or 
14512 of this title for the officer's grade or position shall (unless 
the officer is sooner separated or the officer's separation is deferred 
or the officer is continued in an active status under another provision 
of law) not later than the last day of the month in which the officer 
reaches that maximum age--
            ``(1) be transferred to the Retired Reserve, if the officer 
        is qualified and applies for such transfer; or
            ``(2) if the officer is not qualified or does not apply for 
        transfer to the Retired Reserve, be discharged from the 
        officer's reserve appointment.
``Sec. 14516. Separation to be considered involuntary
    ``The separation of an officer pursuant to section 14513, 14514, or 
14515 of this title shall be considered to be an involuntary separation 
for purposes of any other provision of law.
``Sec. 14517. Entitlement of officers discharged under this chapter to 
              separation pay
    ``An officer who is discharged under section 14513, 14514, or 14515 
of this title is entitled to separation pay under section 1174 of this 
title if otherwise eligible under that section.

 ``CHAPTER 1409--CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS 
                    LIST AND SELECTIVE EARLY REMOVAL

``Sec.
``14701. Selection of officers for continuation on the reserve active-
                            status list.
``14702. Retention on reserve active-status list of certain officers 
                            until age 60.
``14703. Authority to retain chaplains and officers in medical 
                            specialties until specified age.
``14704. Selective early removal from the reserve active-status list.
``14705. Selective early retirement: reserve general and flag officers 
                            of the Navy and Marine Corps.
``14706. Computation of total years of service.
``Sec. 14701. Selection of officers for continuation on the reserve 
              active-status list
    ``(a) Consideration for Continuation.--(1) Upon application, a 
reserve officer of the Army, Navy, Air Force, or Marine Corps who is 
required to be removed from the reserve active-status list under 
section 14505, 14506, or 14507 of this title may, subject to the needs 
of the service and to section 14509 of this title, be considered for 
continuation on the reserve active-status list by a selection board 
convened under section 14101(b) of this title.
    ``(2) A reserve officer who holds the grade of captain in the Army, 
Air Force, or Marine Corps or the grade of lieutenant in the Navy and 
who is subject to separation under section 14513 of this title may not 
be continued on the reserve active-status list under this subsection 
for a period which extends beyond the last day of the month in which 
the officer completes 20 years of commissioned service.
    ``(3) A reserve officer who holds the grade of major or lieutenant 
commander and who is subject to separation under section 14513 of this 
title may not be continued on the reserve active-status list under this 
subsection for a period which extends beyond the last day of the month 
in which the officer completes 24 years of commissioned service.
    ``(4) A reserve officer who holds the grade of lieutenant colonel 
or commander and who is subject to separation under section 14514 of 
this title may not be continued on the reserve active-status list under 
this subsection for a period which extends beyond the last day of the 
month in which the officer completes 33 years of commissioned service.
    ``(5) A reserve officer who holds the grade of colonel in the Army, 
Air Force, or Marine Corps or the grade of captain in the Navy and who 
is subject to separation under section 14514 of this title may not be 
continued on the reserve active-status list under this subsection for a 
period which extends beyond the last day of the month in which the 
officer completes 35 years of commissioned service.
    ``(6) An officer who is selected for continuation on the reserve 
active-status list as a result of the convening of a selection board 
under section 14101(b) of this title but who declines to continue on 
that list shall be separated in accordance with section 14513 or 14514 
of this title, as the case may be.
    ``(7) Each officer who is continued on the reserve active-status 
list under this section, who is not subsequently promoted or continued 
on the active-status list, and whose name is not on a list of officers 
recommended for promotion to the next higher grade shall (unless sooner 
separated under another provision of law) be separated in accordance 
with section 14513 or 14514 of this title, as appropriate, upon the 
expiration of the period for which the officer was continued on the 
reserve active-status list.
    ``(b) Approval of Secretary Concerned.--Continuation of an officer 
on the reserve active-status list under this section pursuant to action 
of a continuation board convened under section 14101(b) of this title 
is subject to the approval of the Secretary of the military department 
concerned.
    ``(c) Instructions To Continuation Boards.--A continuation board 
convened under section 14101(b) of this title to consider officers for 
continuation on the reserve active-status list under this section shall 
act in accordance with the instructions and directions provided to the 
board by the Secretary of the military department concerned.
    ``(d) Regulations.--The Secretary of Defense shall prescribe 
regulations for the administration of this section.
``Sec. 14702. Retention on reserve active-status list of certain 
              officers until age 60
    ``(a) Retention.--Notwithstanding the provisions of section 14506 
or 14507 of this title, the Secretary of the military department 
concerned may, with the officer's consent, retain on the reserve 
active-status list an officer in the grade of major, lieutenant 
colonel, or colonel who is--
            ``(1) an officer of the Army National Guard of the United 
        States and assigned to a headquarters or headquarters 
        detachment of a State; or
            ``(2) a reserve officer of the Army or Air Force who, as a 
        condition of continued employment as a National Guard or 
        Reserve technician is required by the Secretary concerned to 
        maintain membership in a Selected Reserve unit or organization.
    ``(b) Separation at Age 60.--An officer may be retained under this 
section only so long as the officer continues to meet the conditions of 
subsection (a)(1) or (a)(2). An officer may not be retained under this 
section after the last day of the month in which the officer becomes 60 
years of age.
``Sec. 14703. Authority to retain chaplains and officers in medical 
              specialties until specified age
    ``(a) Retention.--Notwithstanding any provision of chapter 1407 of 
this title and except for officers referred to in sections 14503, 
14504, 14505, and 14506 of this title and under regulations prescribed 
by the Secretary of Defense--
            ``(1) the Secretary of the Army may, with the officer's 
        consent, retain in an active status any reserve officer 
        assigned to the Medical Corps, the Dental Corps, the Veterinary 
        Corps, the Medical Services Corps (if the officer has been 
        designated as allied health officer or biomedical sciences 
        officer in that Corps), the Optometry Section of the Medical 
        Services Corps, the Chaplains, the Army Nurse Corps, or the 
        Army Medical Specialists Corps;
            ``(2) the Secretary of the Navy may, with the officer's 
        consent, retain in an active status any reserve officer 
        appointed in the Medical Corps, Dental Corps, Nurse Corps, or 
        Chaplain Corps or appointed in the Medical Services Corps and 
        designated to perform as a veterinarian, optometrist, 
        podiatrist, allied health officer, or biomedical sciences 
        officer; and
            ``(3) the Secretary of the Air Force may, with the 
        officer's consent, retain in an active status any reserve 
        officer who is designated as a medical officer, dental officer, 
        veterinary officer, Air Force nurse, or chaplain or who is 
        designated as a biomedical sciences officer and is qualified 
        for service as a veterinarian, optometrist, or podiatrist.
    ``(b) Separation at Specified Age.--An officer may not be retained 
in active status under this section later than the date on which the 
officer becomes 67 years of age (or, in the case of a reserve officer 
of the Army in the Chaplains or a reserve officer of the Air Force 
designated as a chaplain, 60 years of age).
``Sec. 14704. Selective early removal from the reserve active-status 
              list
    ``(a) Boards To Recommend Officers for Removal From Reserve Active-
Status List.--Whenever the Secretary of the military department 
concerned determines that there are in any reserve component under the 
jurisdiction of the Secretary too many officers in any grade and 
competitive category who have at least 30 years of service computed 
under section 14706 of this title or at least 20 years of service 
computed under section 12732 of this title, the Secretary may convene a 
selection board under section 14101(b) of this title to consider all 
officers on that list who are in that grade and competitive category, 
and who have that amount of service, for the purpose of recommending 
officers by name for removal from the reserve active-status list, in 
the number specified by the Secretary by each grade and competitive 
category.
    ``(b) Separation of Officers Selected.--In the case of an officer 
recommended for separation in the report of a board under subsection 
(a), the Secretary may separate the officer in accordance with section 
14514 of this title.
    ``(c) Regulations.--The Secretary of the military department 
concerned shall prescribe regulations for the administration of this 
section.
``Sec. 14705. Selective early retirement: reserve general and flag 
              officers of the Navy and Marine Corps
    ``(a) Authority to Consider.--An officer in the Naval Reserve in an 
active status serving in the grade of rear admiral (lower half) or rear 
admiral and an officer in the Marine Corps Reserve in an active status 
serving in the grade of brigadier general or major general may be 
considered for early retirement whenever the Secretary of the Navy 
determines that such action is necessary.
    ``(b) Boards.--If the Secretary of the Navy determines that 
consideration for early retirement under this section is necessary, the 
Secretary shall convene a board under section 14101(b) of this title to 
recommend an appropriate number of officers for early retirement.
    ``(c) Separation Under Section 14514.--An officer selected for 
early retirement under this section shall be separated in accordance 
with section 14514 of this title.
``Sec. 14706. Computation of total years of service
    ``For the purpose of this chapter and chapter 1407 of this title, a 
reserve officer's years of service include all service, other than 
constructive service, of the officer as a commissioned officer of any 
uniformed service (other than service as a warrant officer).

     ``CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY 
                               SEPARATION

``Sec.
``14901. Separation of chaplains for loss of professional 
                            qualifications.
``14902. Separation for substandard performance and for certain other 
                            reasons.
``14903. Boards of inquiry.
``14904. Rights and procedures.
``14905. Officer considered for removal: retirement or discharge.
``14906. Officers eligible to serve on boards.
``14907. Army National Guard of the United States and Air National 
                            Guard of the United States: discharge and 
                            withdrawal of Federal recognition of 
                            officers absent without leave.
``Sec. 14901. Separation of chaplains for loss of professional 
              qualifications
    ``(a) Separation.--Under regulations prescribed by the Secretary of 
Defense, an officer on the reserve active-status list who is appointed 
or designated as a chaplain may, if the officer fails to maintain the 
qualifications needed to perform the professional function of a 
chaplain, be discharged. The authority under the preceding sentence 
applies without regard to the provisions of section 12645 of this 
title.
    ``(b) Effect of Separation.--If an officer separated under this 
section is eligible for retirement, the officer may be retired. If the 
officer has completed the years of service required for eligibility for 
retired pay under chapter 1223 of this title, the officer may be 
transferred to the Retired Reserve.
``Sec. 14902. Separation for substandard performance and for certain 
              other reasons
    ``(a) Substandard Performance of Duty.--The Secretary of the 
military department concerned shall prescribe, by regulation, 
procedures for the review at any time of the record of any reserve 
officer to determine whether that officer should be required, because 
that officer's performance has fallen below standards prescribed by the 
Secretary concerned, to show cause for retention in an active status.
    ``(b) Misconduct, Etc.--The Secretary of the military department 
concerned shall prescribe, by regulation, procedures for the review at 
any time of the record of any reserve officer to determine whether that 
officer should be required, because of misconduct, because of moral or 
professional dereliction, or because the officer's retention is not 
clearly consistent with the interests of national security, to show 
cause for retention in an active status.
    ``(c) Regulations.--The authority of the Secretary of a military 
department under this section shall be carried out subject to such 
limitations as the Secretary of Defense may prescribe by regulation.
``Sec. 14903. Boards of inquiry
    ``(a) Convening of Boards.--The Secretary of the military 
department concerned shall convene a board of inquiry at such time and 
place as the Secretary may prescribe to receive evidence and review the 
case of any officer who has been required to show cause for retention 
in an active status under section 14902 of this title. Each board of 
inquiry shall be composed of not less than three officers who have the 
qualifications prescribed in section 14906 of this title.
    ``(b) Right to Fair Hearing.--A board of inquiry shall give a fair 
and impartial hearing to each officer required under section 14902 of 
this chapter to show cause for retention in an active status.
    ``(c) Recommendations to Secretary.--If a board of inquiry 
determines that the officer has failed to establish that the officer 
should be retained in an active status, the board shall recommend to 
the Secretary concerned that the officer not be retained in an active 
status.
    ``(d) Action by Secretary.--After review of the recommendation of 
the board of inquiry, the Secretary may--
            ``(1) remove the officer from an active status; or
            ``(2) determine that the case be closed.
    ``(e) Action in Cases Where Cause for Retention Is Established.--
(1) If a board of inquiry determines that an officer has established 
that the officer should be retained in an active status or if the 
Secretary determines that the case be closed, the officer's case is 
closed.
    ``(2) An officer who is required to show cause for retention under 
section 14902(a) of this title and whose case is closed under paragraph 
(1) may not again be required to show cause for retention under such 
subsection during the one-year period beginning on the date of that 
determination.
    ``(3)(A) Subject to subparagraph (B), an officer who is required to 
show cause for retention under section 14902(b) of this title and whose 
case is closed under paragraph (1) may again be required to show cause 
for retention at any time.
    ``(B) An officer who has been required to show cause for retention 
under section 14902(b) of this title and who is thereafter retained in 
an active status may not again be required to show cause for retention 
under such section solely because of conduct which was the subject of 
the previous proceeding, unless the recommendations of the board of 
inquiry that considered the officer's case are determined to have been 
obtained by fraud or collusion.
``Sec. 14904. Rights and procedures
    ``(a) Procedural Rights.--Under regulations prescribed by the 
Secretary of Defense, an officer required under section 14902 of this 
title to show cause for retention in an active status--
            ``(1) shall be notified in writing, at least 30 days before 
        the hearing of the officer's case by a board of inquiry, of the 
        reasons for which the officer is being required to show cause 
        for retention in an active status;
            ``(2) shall be allowed a reasonable time, as determined by 
        the board of inquiry, to prepare for showing of cause for 
        retention in an active status;
            ``(3) shall be allowed to appear in person and to be 
        represented by counsel at proceedings before the board of 
        inquiry; and
            ``(4) shall be allowed full access to, and shall be 
        furnished copies of, records relevant to the case, except that 
        the board of inquiry shall withhold any record that the 
        Secretary concerned determines should be withheld in the 
        interest of national security.
    ``(b) Summary of Records Withheld.--When a record is withheld under 
subsection (a)(4), the officer whose case is under consideration shall, 
to the extent that the interest of national security permits, be 
furnished a summary of the record so withheld.
``Sec. 14905. Officer considered for removal: retirement or discharge
    ``(a) Voluntary Retirement or Discharge.--At any time during 
proceedings under this chapter with respect to the removal of an 
officer from an active status, the Secretary of the military department 
concerned may grant a request by the officer--
            ``(1) for voluntary retirement, if the officer is qualified 
        for retirement;
            ``(2) for transfer to the Retired Reserve if the officer 
        has completed the years of service required for eligibility for 
        retired pay under chapter 1223 of this title and is otherwise 
        eligible for transfer to the Retired Reserve; or
            ``(3) for discharge in accordance with subsection (b)(3).
    ``(b) Required Retirement or Discharge.--An officer removed from an 
active status under section 14903 of this title shall--
            ``(1) if eligible for voluntary retirement under any 
        provision of law on the date of such removal, be retired in the 
        grade and with the retired pay for which he would be eligible 
        if retired under that provision;
            ``(2) if eligible for transfer to the Retired Reserve and 
        has completed the years of service required for retired pay 
        under chapter 1223 of this title, be transferred to the Retired 
        Reserve; and
            ``(3) if ineligible for retirement or transfer to the 
        Retired Reserve under paragraph (1) or (2) on the date of such 
        removal--
                    ``(A) be honorably discharged in the grade then 
                held, in the case of an officer whose case was brought 
                under subsection (a) of section 14902 of this title; or
                    ``(B) be discharged in the grade then held, in the 
                case of an officer whose case was brought under 
                subsection (b) of section 14902 of this title.
    ``(c) Separation Pay.--An officer who is discharged under 
subsection (b)(3) is entitled, if eligible therefor, to separation pay 
under section 1174(c) of this title.
``Sec. 14906. Officers eligible to serve on boards
    ``(a) Composition of Boards.--(1) Each officer who serves on a 
board convened under this chapter shall be an officer of the same armed 
force as the officer being required to show cause for retention in an 
active status.
    ``(2) An officer may not serve on a board under this chapter unless 
the officer holds a grade above lieutenant colonel or commander and is 
senior in grade and rank to any officer considered by the board.
    ``(b) Limitation.--A person may not be a member of more than one 
board convened under this chapter to consider the same officer.
``Sec. 14907. Army National Guard of the United States and Air National 
              Guard of the United States: discharge and withdrawal of 
              Federal recognition of officers absent without leave
    ``(a) Authority To Withdraw Federal Recognition.--If an officer of 
the Army National Guard of the United States or the Air National Guard 
of the United States has been absent without leave for three months, 
the Secretary of the Army or the Secretary of the Air Force, as 
appropriate, may--
            ``(1) terminate the reserve appointment of the officer; and
            ``(2) withdraw the officer's Federal recognition as an 
        officer of the National Guard.
    ``(b) Discharge from Reserve Appointment.--An officer of the Army 
National Guard of the United States or the Air National Guard of the 
United States whose Federal recognition as an officer of the National 
Guard is withdrawn under section 323(b) of title 32 shall be discharged 
from the officer's appointment as a reserve officer of the Army or the 
Air Force, as the case may be.''.

                     PART II--CONFORMING AMENDMENTS

SEC. 1321. DEFINITION OF RESERVE ACTIVE-STATUS LIST.

    Section 101(c) is amended by adding at the end the following new 
paragraph:
            ``(7) The term `reserve active-status list' means a single 
        list for the Army, Navy, Air Force, or Marine Corps (required 
        to be maintained under section 14002 of this title) that 
        contains the names of all officers of that armed force except 
        warrant officers (including commissioned warrant officers) who 
        are in an active status in a reserve component of the Army, 
        Navy, Air Force, or Marine Corps and are not on an active-duty 
        list.''.

SEC. 1322. AUTHORITY TO SUSPEND OFFICER PERSONNEL LAWS DURING WAR OR 
              NATIONAL EMERGENCY.

    (a) Authority.--Section 123 is amended to read as follows:
``Sec. 123. Authority to suspend officer personnel laws during war or 
              national emergency
    ``(a) In time of war, or of national emergency declared by Congress 
or the President after November 30, 1980, the President may suspend the 
operation of any provision of law relating to the promotion, 
involuntary retirement, or separation of commissioned officers of the 
Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as 
such war or national emergency continues, any such suspension may be 
extended by the President.
    ``(b) Any such suspension shall, if not sooner ended, end on the 
last day of the two-year period beginning on the date on which the 
suspension (or the last extension thereof) takes effect or on the last 
day of the one-year period beginning on the date of the termination of 
the war or national emergency, whichever occurs first. With respect to 
the end of any such suspension, the preceding sentence supersedes the 
provisions of title II of the National Emergencies Act (50 U.S.C. 1621-
1622) which provide that powers or authorities exercised by reason of a 
national emergency shall cease to be exercised after the date of the 
termination of the emergency.
    ``(c) If a provision of law pertaining to the promotion of reserve 
officers is suspended under this section and if the Secretary of 
Defense submits to Congress proposed legislation to adjust the grades 
and dates of rank of reserve commissioned officers other than 
commissioned warrant officers, such proposed legislation shall, so far 
as practicable, be the same as that recommended for adjusting the 
grades and dates of rank of officers of the regular component of the 
armed force concerned.''.
    (b) Conforming Repeal.--Section 644 is repealed.

SEC. 1323. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE AUTHORITY TO 
              RECOMMEND THAT RESERVE OFFICERS CONSIDERED FOR PROMOTION 
              BE REQUIRED TO SHOW CAUSE FOR RETENTION ON ACTIVE DUTY.

    Section 617(b) is amended--
            (1) by inserting ``or reserve'' after ``any regular''; and
            (2) by inserting ``or 1411'' after ``chapter 60''.

SEC. 1324. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS DURING WAR 
              OR NATIONAL EMERGENCY.

    Section 641 is amended--
            (1) by inserting ``(a)'' before ``Officers in the 
        following''; and
            (2) by adding at the end the following:
    ``(b) Under regulations prescribed by the Secretary of the military 
department concerned, a reserve officer who is ordered to active duty 
(whether voluntarily or involuntarily) during a war or national 
emergency and who would otherwise be placed on the active-duty list may 
be excluded from that list as determined by the Secretary concerned. 
Exclusion of an officer from the active-duty list as the result of 
action by the Secretary concerned under the preceding sentence shall 
expire not later than 24 months after the date on which the officer 
enters active duty under an order to active duty covered by that 
sentence.''.

SEC. 1325. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO ACTIVE DUTY.

    Section 689 is amended--
            (1) by inserting ``or full-time National Guard duty'' after 
        ``active duty'' the first two places it appears; and
            (2) by inserting ``and placed on the active-duty list'' 
        after ``active duty'' the third place it appears.

SEC. 1326. DATE OF RANK.

    Section 741(d)(3) is amended--
            (1) by inserting ``or who is transferred from an inactive 
        status to an active status and placed on the active-duty list 
        or the reserve active-status list'' after ``warrant officer (W-
        5)'';
            (2) by inserting ``or reserve active-status list'' after 
        ``active-duty list'' the second place it appears; and
            (3) by adding at the end: ``The authority to change the 
        date of rank of a reserve officer who is placed on the active-
        duty list to a later date does not apply in the case of an 
        officer who (A) has served continuously in the Selected Reserve 
        of the Ready Reserve since the officer's last promotion, or (B) 
        is placed on the active-duty list while on a promotion list as 
        described in section 14317(b) of this title.''.

SEC. 1327. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE IN CASE OF 
              OFFICERS HAVING TWICE FAILED OF SELECTION FOR CAPTAIN OR 
              NAVY LIEUTENANT.

    Section 1005(b) is amended--
            (1) by striking out ``or'' at the end of paragraph (1);
            (2) by striking out the period at the end of paragraph (2) 
        and inserting in lieu thereof a semicolon; and
            (3) by adding at the end the following:
            ``(3) an officer on the active-duty list or reserve active-
        status list who has failed of selection for promotion for the 
        second time to the grade of captain, in the case of an officer 
        of the Army, Air Force, or Marine Corps, or to the grade of 
        lieutenant, in the case of an officer of the Navy; or
            ``(4) an officer whose discharge or transfer from an active 
        status is required by law.''.

SEC. 1328. CONFORMING AMENDMENTS RELATING TO NAVY AND MARINE CORPS 
              OFFICERS.

    Section 6389 is amended--
            (1) in subsection (a)--
                    (A) by inserting ``while on the active-duty list'' 
                after ``to the next higher grade''; and
                    (B) by striking out the period at the end and 
                inserting in lieu thereof ``or released from active 
                duty and placed on the reserve active-status list.'';
            (2) in subsection (b), by striking out ``or (f)'';
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' after ``(c)'';
                    (B) by striking out ``lieutenant commander or 
                above'' both places it appears and inserting in lieu 
                thereof ``lieutenant commander or commander'';
                    (C) by striking out ``major or above'' both places 
                it appears and inserting in lieu thereof ``major or 
                lieutenant colonel'';
                    (D) by inserting ``while on the active-duty list'' 
                after ``to the next higher grade'' in the first 
                sentence; and
                    (E) in the table--
                            (i) by striking out the line relating to 
                        the grades of captain in the Navy and colonel 
                        in the Marine Corps; and
                            (ii) by striking out ``26 years'' and 
                        inserting in lieu thereof ``28 years'';
                    (F) by designating the sentence after the table as 
                paragraph (2) and in that sentence striking out ``the 
                first sentence of this subsection'' and inserting in 
                lieu thereof ``the first sentence of paragraph (1)'';
                    (G) by designating the next sentence as paragraph 
                (3) and in that sentence striking out ``the first two 
                sentences of this subsection'' and inserting in lieu 
                thereof ``paragraph (1)''; and
                    (H) by designating the last sentence as paragraph 
                (4) and in that sentence--
                            (i) striking out ``the first two sentences 
                        of this subsection'' and inserting in lieu 
                        thereof ``paragraph (1)''; and
                            (ii) striking out ``captain or''; and
            (4) by striking out subsections (e), (f), and (g).

SEC. 1329. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS.

    (a) Army Provisions.--
            (1) Chapter 337, relating to appointments as reserve 
        officers (other than sections 3351 and 3352), is repealed.
            (2) Chapter 361, relating to separation for various 
        reasons, is repealed.
            (3) Chapter 363, relating to separation or transfer to the 
        Retired Reserve, is repealed.
    (b) Navy and Marine Corps Provisions.--
            (1) Chapter 541, relating to running mates as reserve 
        officers, is repealed.
            (2) Chapter 549, relating to reserve promotions, is 
        repealed.
            (3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed.
    (c) Air Force Provisions.--
            (1) Chapter 837, relating to appointments as reserve 
        officers (other than sections 8351 and 8352), is repealed.
            (2) Sections 8819 and 8820 are repealed.
            (3) Chapter 863, relating to separation or transfer to the 
        Retired Reserve, is repealed.

SEC. 1330. AMENDMENTS TO TITLE 32, UNITED STATES CODE.

    Title 32, United States Code, is amended as follows:
            (1) Sections 309 and 310 are amended to read as follows:
``Sec. 309. Federal recognition of National Guard officers: officers 
              promoted to fill vacancies
    ``Each officer of the National Guard who is promoted to fill a 
vacancy in a federally recognized unit of the National Guard, and who 
has been on the reserve active-status list or the active-duty list of 
the Army or the Air Force for at least one year and has completed the 
minimum years of service in grade specified in section 14303 of title 
10, shall be examined for Federal recognition in the grade to which the 
officer is promoted.
``Sec. 310. Federal recognition of National Guard officers: automatic 
              recognition
    ``(a) Notwithstanding sections 307 and 309 of this title, if a 
second lieutenant of the National Guard is promoted to the grade of 
first lieutenant to fill a vacancy in a federally recognized unit in 
the National Guard, Federal recognition is automatically extended to 
that officer in the grade of first lieutenant, effective as of the date 
on which that officer has completed the service in the grade specified 
in section 14303(a)(1) of title 10 and has met such other requirements 
as prescribed by the Secretary concerned under section 14308(b) of that 
title, if the officer has remained in an active status since the 
officer was so recommended.
    ``(b) Notwithstanding sections 307 and 309 of this title, if an 
officer of the Army Reserve or the Air Force Reserve in a reserve grade 
above second lieutenant is appointed in the next higher grade in the 
National Guard to fill a vacancy in a federally recognized unit in the 
National Guard, Federal recognition is automatically extended to that 
officer in the grade in which the officer is so appointed in the 
National Guard if the officer has been recommended for promotion under 
chapter 1405 of title 10 and has remained in an active status since the 
officer was so recommended. The extension of Federal recognition under 
this subsection is effective as of the date when the officer is 
appointed in the National Guard.''.
            (2) Section 323 is amended by striking out subsections (d) 
        and (e) and inserting in lieu thereof the following:
    ``(d) The Federal recognition of a reserve commissioned officer of 
the Army or the Air Force who is--
            ``(1) federally recognized as an officer of the National 
        Guard; and
            ``(2) subject to involuntary transfer to the Retired 
        Reserve, transfer to an inactive status list, or discharge 
        under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of such 
involuntary transfer or discharge.''.

             Subtitle B--Other Personnel Policy Amendments

                          PART I--APPOINTMENTS

SEC. 1331. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF WOMEN IN 
              RESERVE COMPONENTS.

    (a) Enlistments.--Section 510 is amended--
            (1) by striking out subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (b) Appointment of Officers.--Section 591 is amended--
            (1) by striking out subsection (c); and
            (2) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 1332. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF LIEUTENANT 
              COLONEL AND COMMANDER.

    Section 593(a) is amended--
            (1) in the first sentence, by striking out ``Reserves in 
        commissioned grades below lieutenant colonel and commander'' 
        and inserting in lieu thereof ``reserve officers in 
        commissioned grades of lieutenant colonel and commander or 
        below''; and
            (2) in the second sentence, by striking out ``Reserves in 
        commissioned grades above major and lieutenant commander'' and 
        inserting in lieu thereof ``reserve officers in commissioned 
        grades above lieutenant colonel and commander''.

SEC. 1333. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN RESERVE 
              COMPONENTS.

    Chapter 34 is amended by inserting after section 596 the following 
new section:
``Sec. 596a. Commissioned officers: appointment of former commissioned 
              officers
    ``Under regulations prescribed by the Secretary of Defense, a 
person who is a former commissioned officer may, if otherwise 
qualified, be appointed as a reserve officer of the Army, Navy, Air 
Force, or Marine Corps. A person so appointed--
            ``(1) may be placed on the reserve active-status list of 
        that armed force in the grade equivalent to the permanent 
        regular or reserve grade, and in the same competitive category, 
        in which the person previously served satisfactorily on active 
        duty or in an active status; and
            ``(2) may be credited for the purpose of determining date 
        of rank under section 741(d) of this title with service in 
        grade equal to that held by that person when discharged or 
        separated.''.

SEC. 1334. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS IN RESERVE 
              COMPONENTS WITH QUALIFYING EDUCATION OR EXPERIENCE.

    Chapter 34 is further amended by inserting after section 596a (as 
added by section 1333) the following new section:
``Sec. 596b. Commissioned officers: service credit upon original 
              appointment
    ``(a)(1) For the purpose of determining the grade and the rank 
within grade of a person receiving an original appointment as a reserve 
commissioned officer (other than a commissioned warrant officer) in the 
Army, Navy, Air Force, or Marine Corps, the person shall be credited at 
the time of the appointment with any commissioned service (other than 
service as a commissioned warrant officer) performed before such 
appointment as a regular officer, or as a reserve officer in an active 
status, in any armed force, the National Oceanic and Atmospheric 
Administration, or the Public Health Service.
    ``(2) The Secretary of Defense shall prescribe regulations, which 
shall apply uniformly among the Army, Navy, Air Force, and Marine 
Corps, to authorize the Secretary of the military department concerned 
to limit the amount of prior commissioned service with which a person 
receiving an original appointment may be credited under paragraph (1), 
or to deny any such credit, in the case of a person who at the time of 
such appointment is credited with constructive service under subsection 
(b).
    ``(b)(1) Under regulations prescribed by the Secretary of Defense, 
a person who is receiving an original appointment as a reserve 
commissioned officer (other than a commissioned warrant officer) of the 
Army, Navy, Air Force, or Marine Corps, or a designation in, or an 
assignment to, an officer category in which advanced education or 
training is required and who has advanced education or training, shall 
be credited with constructive service for such education, training, or 
experience, as follows:
            ``(A) One year for each year of advanced education beyond 
        the baccalaureate degree level, for persons appointed or 
        designated in, or assigned to, officer categories requiring 
        such advanced education or an advanced degree as a prerequisite 
        for such appointment, designation, or assignment. In 
        determining the number of years of constructive service to be 
        credited under this subparagraph to officers in any 
        professional field, the Secretary concerned shall credit an 
        officer with, but with not more than, the number of years of 
        advanced education required by a majority of institutions that 
        award degrees in that professional field for completion of the 
        advanced education or award of the advanced degree.
            ``(B)(i) Credit for any period of advanced education in a 
        health profession (other than medicine and dentistry) beyond 
        the baccalaureate degree level which exceeds the basic 
        education criteria for such appointment, designation, or 
        assignment, if such advanced education will be directly used by 
        the armed force concerned.
            ``(ii) Credit for experience in a health profession (other 
        than medicine or dentistry), if such experience will be 
        directly used by the armed force concerned.
            ``(C) Additional credit of (i) not more than one year for 
        internship or equivalent graduate medical, dental, or other 
        formal health professional training required by the armed 
        forces, and (ii) not more than one year for each additional 
        year of such graduate-level training or experience creditable 
        toward certification in a speciality required by the armed 
        force concerned.
            ``(D) Additional credit, in unusual cases, based on special 
        experience in a particular field.
            ``(E) Additional credit for experience as a physician or 
        dentist, if appointed, assigned, or designated as a medical or 
        dental officer.
    ``(2) If the Secretary of Defense determines that the number of 
medical or dental officers serving in an active status in a reserve 
component of the Army, Navy, or Air Force in grades below major or 
lieutenant commander is critically below the number needed by such 
reserve component in such grades, the Secretary of Defense may 
authorize the Secretary of the military department concerned to credit 
any person who is receiving an original appointment for service as a 
medical or dental officer with a period of constructive credit in such 
amount (in addition to any amount credited such person under subsection 
(b)) as will result in the grade of such person being that of captain 
or, in the case of the Naval Reserve, lieutenant.
    ``(3) Except as authorized by the Secretary concerned in individual 
cases and under regulations prescribed by the Secretary of Defense in 
the case of a medical or dental officer, the amount of constructive 
service credited an officer under this subsection may not exceed the 
amount required in order for the officer to be eligible for an original 
appointment as a reserve officer of the Army, Air Force, or Marine 
Corps in the grade of major or as a reserve officer of the Navy in the 
grade of lieutenant commander.
    ``(4) Constructive service credited an officer under this 
subsection is in addition to any service credited that officer under 
subsection (a) and shall be credited at the time of the original 
appointment of the officer or assignment to or designation in an 
officer category in which advanced education or training or special 
experience is required.
    ``(c) Constructive service may not be credited under subsection (b) 
for education, training, or experience obtained while serving as a 
commissioned officer (other than a warrant officer) on active duty or 
in an active status. However, in the case of an officer who completes 
advanced education or receives an advanced degree while on active duty 
or in an active status and in less than the number of years normally 
required to complete such advanced education or receive such advanced 
degree, constructive service may, subject to regulations prescribed 
under subsection (a)(2), be credited to the officer under subsection 
(b)(1)(A) to the extent that the number of years normally required to 
complete such advanced education or receive such advanced degree 
exceeds the actual number of years in which such advanced education or 
degree is obtained by the officer.
    ``(d) If the Secretary of Defense determines that the number of 
qualified judge advocates serving on the active-duty list of the Army, 
Navy, Air Force, or Marine Corps in grades below lieutenant commander 
or major is critically below the number needed by that armed force in 
those grades, the Secretary of Defense may authorize the Secretary of 
the military department concerned to credit any person who is receiving 
an original appointment with a view to assignment to the Judge Advocate 
General's Corps of the Army or appointment to the Judge Advocate 
General's Corps of the Navy, or who is receiving an original 
appointment in the Air Force or Marine Corps with a view to designation 
as a judge advocate, with a period of constructive service in such an 
amount (in addition to any amount credited such person under subsection 
(b)) as will result in the grade of such person being that of captain 
or, in the case of the Navy, lieutenant, and the date of rank of such 
person being junior to that of all other officers of the same grade 
serving on the active-duty list.
    ``(e) Constructive service credited an officer under subsection (b) 
or (d) shall be used only for determining the officer's--
            ``(1) initial grade as a reserve officer;
            ``(2) rank in grade; and
            ``(3) service in grade for promotion eligibility.
    ``(f) The grade and position on the reserve active-status list of a 
person receiving an appointment as a reserve officer who at the time of 
appointment is credited with service under this section shall be 
determined under regulations prescribed by the Secretary of Defense 
based upon the amount of service credited.''.

SEC. 1335. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF ARMY 
              OFFICERS TO RETIRED RESERVE.

    (a) Interim Repeal of Obsolete Provision.--Effective for the period 
beginning on the date of the enactment of this Act and ending on the 
effective date specified in section 1291, section 3853 is amended by 
striking out ``the greater of--'' and all that follows and inserting in 
lieu thereof ``the sum of the following:
            ``(1) The officer's years of service as a commissioned 
        officer of any component of the armed forces or of the Army 
        without specification of component.
            ``(2) The officer's years of service in a federally 
        recognized commissioned status in the National Guard if his 
        service in the National Guard was continuous from the date of 
        his Federal recognition as an officer in the National Guard to 
        the date of his appointment in the National Guard of the United 
        States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to transfers to the Retired Reserve and to 
discharges on or after the date of the enactment of this Act.

SEC. 1336. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT AUTHORITIES.

    (a) Army Reserve Officers Appointed in Temporary Grades.--Section 
3352(a) is amended by striking out the second sentence.
    (b) Air Force Aviation Cadets.--Section 8356 is repealed.
    (c) Redundant Statement of Authority.--Section 8379 is repealed.

                   PART II--SEPARATION AND RETIREMENT

SEC. 1341. COMPUTATION OF HIGHEST GRADE IN WHICH SATISFACTORILY SERVED 
              FOR RESERVE COMMISSIONED OFFICERS AND FORMER OFFICERS.

    Section 1370 is amended by adding at the end the following new 
subsection:
    ``(d)(1) Unless entitled to a higher grade, or to credit for 
satisfactory service in a higher grade, under some other provision of 
law, a person who is entitled to retired pay under chapter 1225 of this 
title shall, upon application under section 12731 of this title, be 
credited with satisfactory service in the highest grade in which that 
person served satisfactorily at any time in the armed forces, as 
determined by the Secretary concerned in accordance with this 
subsection.
    ``(2)(A) In order to be credited with satisfactory service in an 
officer grade (other than a warrant officer grade) below the grade of 
lieutenant colonel or commander, a person covered by paragraph (1) must 
have served satisfactorily in that grade (as determined by the 
Secretary of the military department concerned) as a reserve 
commissioned officer in an active status, or in a retired status on 
active duty, for not less than six months.
    ``(B) In order to be credited with satisfactory service in an 
officer grade above major or lieutenant commander and below lieutenant 
general or vice admiral, a person covered by paragraph (1) must have 
served satisfactorily in that grade (as determined by the Secretary of 
the military department concerned) as a reserve commissioned officer in 
an active status, or in a retired status on active duty, for not less 
than three years. A person covered by the preceding sentence who has 
completed at least six months of satisfactory service in grade and is 
transferred from an active status or discharged as a reserve 
commissioned officer solely due to the requirements of a 
nondiscretionary provision of law requiring that transfer or discharge 
due to the person's age or years of service may be credited with 
satisfactory service in the grade in which serving at the time of such 
transfer or discharge, notwithstanding failure of the person to 
complete three years of service in that grade.
    ``(3) A person whose length of service in the highest grade held 
does not meet the service in grade requirements specified in this 
subsection shall be credited with satisfactory service in the next 
lower grade in which that person served satisfactorily (as determined 
by the Secretary of the military department concerned) for not less 
than six months.''.

                       PART III--OTHER AMENDMENTS

SEC. 1351. TENURE IN OFFICE OF CHIEF OF NATIONAL GUARD BUREAU.

    Section 3040(c) is amended by adding at the end the following new 
sentence: ``While holding that office, the Chief of the National Guard 
Bureau may not be removed from the reserve active-status list, or from 
an active status, under any provision of law that otherwise would 
require such removal due to completion of a specified number of years 
of service or a specified number of years of service in grade.''.

SEC. 1352. RIGHT TO REENLIST IN REGULAR ARMY OR REGULAR AIR FORCE AFTER 
              SERVICE AS AN OFFICER.

    (a) Army.--Section 3258 is amended--
            (1) by striking out ``Any former enlisted member'' and 
        inserting in lieu thereof ``(a) Subject to subsections (b) and 
        (c), a former enlisted member'';
            (2) by striking out the last sentence; and
            (3) by adding at the end the following:
    ``(b) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person is discharged or 
released from active duty from service as an officer described in that 
subsection--
            ``(1) because that person's performance of duty while 
        serving as such an officer has fallen below standards 
        prescribed by the Secretary of Defense;
            ``(2) because of misconduct or moral or professional 
        dereliction; or
            ``(3) because retention of that person as an officer is not 
        clearly consistent with the interest of national security.
    ``(c) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person's status and grade as 
an enlisted member were only held during, and solely as a result of, 
participation in a precommissioning program after the effective date of 
the Reserve Officer Personnel Management Act.''.
    (b) Air Force.--Section 8258 is amended--
            (1) by striking out ``Any former enlisted member'' and 
        inserting in lieu thereof ``(a) Subject to subsections (b) and 
        (c), a former enlisted member'';
            (2) by striking out the last sentence; and
            (3) by adding at the end the following:
    ``(b) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person is discharged or 
released from active duty from service as an officer described in that 
subsection--
            ``(1) because that person's performance of duty while 
        serving as such an officer has fallen below standards 
        prescribed by the Secretary of Defense;
            ``(2) because of misconduct or moral or professional 
        dereliction; or
            ``(3) because retention of that person as an officer is not 
        clearly consistent with the interest of national security.
    ``(c) A person who is a former enlisted member is not entitled to 
be reenlisted under subsection (a) if that person's status and grade as 
an enlisted member were only held during, and solely as a result of, 
participation in a precommissioning program after the effective date of 
the Reserve Officer Personnel Management Act.''.

   Subtitle C--Reorganization and Consolidation of Laws Relating to 
                           Reserve Components

SEC. 1361. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION OF RESERVE 
              COMPONENTS.

    (a) Reserve Components Generally.--(1) Subtitle E, as added by 
section 1311, is amended by inserting after the table of chapters at 
the beginning of the subtitle the following:

               ``PART I--ORGANIZATION AND ADMINISTRATION

``Chap                                                             Sec.
``1001. Definitions.........................................      10001
``1003. Reserve Components Generally........................      10101
``1005. Elements of Reserve Components......................      10141
``1007. Administration of Reserve Components................      10201
``1009. Reserve Forces Policy Boards and Committees.........      10301
``1011. National Guard Bureau...............................      10501
``1013. Budget Information and Annual Reports to Congress...      10541

                      ``CHAPTER 1001--DEFINITIONS

``Sec.
``10001. Definition of State.
``Sec. 10001. Definition of State
    ``In this subtitle, the term `State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and 
Guam.

              ``CHAPTER 1003--RESERVE COMPONENTS GENERALLY

``Sec.
``10101. Reserve components named.
``10102. Purpose of reserve components.
``10103. Basic policy for order of National Guard into Federal service.
``10104. Army Reserve: composition.
``10105. Army National Guard of the United States: composition.
``10106. Army National Guard: when a component of the Army.
``10107. Army National Guard of the United States: status when not in 
                            Federal service.
``10108. Naval Reserve: administration.
``10109. Marine Corps Reserve: administration.
``10110. Air Force Reserve: composition.
``10111. Air National Guard of the United States: composition.
``10112. Air National Guard: when a component of the Air Force.
``10113. Air National Guard of the United States: status when not in 
                            Federal service.
``10114.  Coast Guard Reserve.
``Sec. 10101. Reserve components named
    ``The reserve components of the armed forces are:
            ``(1) The Army National Guard of the United States.
            ``(2) The Army Reserve.
            ``(3) The Naval Reserve.
            ``(4) The Marine Corps Reserve.
            ``(5) The Air National Guard of the United States.
            ``(6) The Air Force Reserve.
            ``(7) The Coast Guard Reserve.
``Sec. 10102. Purpose of reserve components
    ``The purpose of each reserve component is to provide trained units 
and qualified persons available for active duty in the armed forces, in 
time of war or national emergency, and at such other times as the 
national security may require, to fill the needs of the armed forces 
whenever, during and after the period needed to procure and train 
additional units and qualified persons to achieve the planned 
mobilization, more units and persons are needed than are in the regular 
components.
``Sec. 10103. Basic policy for order of the National Guard and reserve 
              components to active duty
    ``Whenever Congress determines that more units and organizations 
are needed for the national security than are in the regular components 
of the ground and air forces, the Army National Guard of the United 
States and the Air National Guard of the United States, or such parts 
of them as are needed, together with units of other reserve components 
necessary for a balanced force, shall be ordered to active duty and 
retained as long as so needed.
``Sec. 10104. Army Reserve: composition
    ``The Army Reserve includes all Reserves of the Army who are not 
members of the Army National Guard of the United States.
``Sec. 10105. Army National Guard of the United States: composition
    ``The Army National Guard of the United States is the reserve 
component of the Army that consists of--
            ``(1) federally recognized units and organizations of the 
        Army National Guard; and
            ``(2) members of the Army National Guard who are also 
        Reserves of the Army.
``Sec. 10106. Army National Guard: when a component of the Army
    ``The Army National Guard while in the service of the United States 
is a component of the Army.
``Sec. 10107. Army National Guard of the United States: status when not 
              in Federal service
    ``When not on active duty, members of the Army National Guard of 
the United States shall be administered, armed, equipped, and trained 
in their status as members of the Army National Guard.
``Sec. 10108. Naval Reserve: administration
    ``(a) The Naval Reserve is the reserve component of the Navy. It 
shall be organized, administered, trained, and supplied under the 
direction of the Chief of Naval Operations.
    ``(b) The bureaus and offices of the executive part of the 
Department of the Navy have the same relation and responsibility to the 
Naval Reserve as they do to the Regular Navy.
``Sec. 10109. Marine Corps Reserve: administration
    ``(a) The Marine Corps Reserve is the reserve component of the 
Marine Corps. It shall be organized, administered, trained, and 
supplied under the direction of the Commandant of the Marine Corps.
    ``(b) The departments and offices of Headquarters, Marine Corps 
have the same relation and responsibilities to the Marine Corps Reserve 
as they do to the Regular Marine Corps.
``Sec. 10110. Air Force Reserve: composition
    ``The Air Force Reserve is a reserve component of the Air Force to 
provide a reserve for active duty. It consists of the members of the 
officers' section of the Air Force Reserve and of the enlisted section 
of the Air Force Reserve. It includes all Reserves of the Air Force who 
are not members of the Air National Guard of the United States.
``Sec. 10111. Air National Guard of the United States: composition
    ``The Air National Guard of the United States is the reserve 
component of the Air Force that consists of--
            ``(1) federally recognized units and organizations of the 
        Air National Guard; and
            ``(2) members of the Air National Guard who are also 
        Reserves of the Air Force.
``Sec. 10112. Air National Guard: when a component of the Air Force
    ``The Air National Guard while in the service of the United States 
is a component of the Air Force.
``Sec. 10113. Air National Guard of the United States: status when not 
              in Federal service
    ``When not on active duty, members of the Air National Guard of the 
United States shall be administered, armed, equipped, and trained in 
their status as members of the Air National Guard.
``Sec. 10114. Coast Guard Reserve
    ``As provided in section 701 of title 14, the Coast Guard Reserve 
is a component of the Coast Guard and is organized, administered, 
trained, and supplied under the direction of the Commandant of the 
Coast Guard. Laws applicable to the Coast Guard Reserve are set forth 
in chapter 21 of title 14 (14 U.S.C. 701 et seq.).

             ``CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS

``Sec.
``10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and 
                            status of members; training categories.
``10142. Ready Reserve generally.
``10143. Ready Reserve: Selected Reserve.
``10144. Ready Reserve: Individual Ready Reserve.
``10145. Ready Reserve: placement in.
``10146. Ready Reserve: transfer from.
``10147. Ready Reserve: training requirements.
``10148. Ready Reserve: failure to satisfactorily perform prescribed 
                            training.
``10149. Ready Reserve: continuous screening.
``10150. Ready Reserve: transfer back from Standby Reserve.
``10151. Standby Reserve: composition.
``10152. Standby Reserve: inactive status list.
``10153. Standby Reserve: status of members.
``10154. Retired Reserve.
``Sec. 10141. Ready Reserve; Standby Reserve; Retired Reserve: 
              placement and status of members; training categories
    ``(a) There are in each armed force a Ready Reserve, a Standby 
Reserve, and a Retired Reserve. Each Reserve shall be placed in one of 
those categories.
    ``(b) Reserves who are on the inactive status list of a reserve 
component, or who are assigned to the inactive Army National Guard or 
the inactive Air National Guard, are in an inactive status. Members in 
the Retired Reserve are in a retired status. All other Reserves are in 
an active status.
    ``(c) As prescribed by the Secretary concerned, each reserve 
component except the Army National Guard of the United States and the 
Air National Guard of the United States shall be divided into training 
categories according to the degrees of training, including the number 
and duration of drills or equivalent duties to be completed in stated 
periods. The designation of training categories shall be the same for 
all armed forces and the same within the Ready Reserve and the Standby 
Reserve.
``Sec. 10142. Ready Reserve
    ``(a) The Ready Reserve consists of units or Reserves, or both, 
liable for active duty as provided in sections 12301 and 12302 of this 
title.
    ``(b) The authorized strength of the Ready Reserve is 2,900,000.
``Sec. 10143. Ready Reserve: Selected Reserve
    ``(a) Within the Ready Reserve of each of the reserve components 
there is a Selected Reserve. The Selected Reserve consists of units, 
and, as designated by the Secretary concerned, of Reserves, trained as 
prescribed in section 10147(a)(1) of this title or section 502(a) of 
title 32, as appropriate.
    ``(b) The organization and unit structure of the Selected Reserve 
shall be approved--
            ``(1) in the case of all reserve components other than the 
        Coast Guard Reserve, by the Secretary of Defense based upon 
        recommendations from the military departments as approved by 
        the Chairman of the Joint Chiefs of Staff in accordance with 
        contingency and war plans; and
            ``(2) in the case of the Coast Guard Reserve, by the 
        Secretary of Transportation upon the recommendation of the 
        Commandant of the Coast Guard.
``Sec. 10144. Ready Reserve: Individual Ready Reserve
    ``Within the Ready Reserve of each of the reserve components there 
is an Individual Ready Reserve. The Individual Ready Reserve consists 
of those members of the Ready Reserve who are not in the Selected 
Reserve or the inactive National Guard.
``Sec. 10145. Ready Reserve: placement in
    ``(a) Each person required under law to serve in a reserve 
component shall, upon becoming a member, be placed in the Ready Reserve 
of his armed force for his prescribed term of service, unless he is 
transferred to the Standby Reserve under section 10146(a) of this 
title.
    ``(b) The units and members of the Army National Guard of the 
United States and of the Air National Guard of the United States are in 
the Ready Reserve of the Army and the Ready Reserve of the Air Force, 
respectively.
    ``(c) All Reserves assigned to units organized to serve as units 
and designated as units in the Ready Reserve are in the Ready Reserve.
    ``(d) Under such regulations as the Secretary concerned may 
prescribe, any qualified member of a reserve component or any qualified 
retired enlisted member of a regular component may, upon his request, 
be placed in the Ready Reserve. However, a member of the Retired 
Reserve entitled to retired pay or a retired enlisted member of a 
regular component may not be placed in the Ready Reserve unless the 
Secretary concerned makes a special finding that the member's services 
in the Ready Reserve are indispensable. The Secretary concerned may not 
delegate his authority under the preceding sentence.
``Sec. 10146. Ready Reserve: transfer from
    ``(a) Subject to subsection (c) and under regulations prescribed by 
the Secretary of Defense, or by the Secretary of Transportation with 
respect to the Coast Guard when it is not operating as a service in the 
Navy, a member in the Ready Reserve may be transferred to the Standby 
Reserve.
    ``(b) A Reserve who is qualified and so requests may be transferred 
to the Retired Reserve under regulations prescribed by the Secretary 
concerned and, in the case of the Secretary of a military department, 
approved by the Secretary of Defense.
    ``(c) A member of the Army National Guard of the United States or 
the Air National Guard of the United States may be transferred to the 
Standby Reserve only with the consent of the governor or other 
appropriate authority of the State.
``Sec. 10147. Ready Reserve: training requirements
    ``(a) Except as specifically provided in regulations to be 
prescribed by the Secretary of Defense, or by the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy, each person who is enlisted, inducted, or 
appointed in an armed force, and who becomes a member of the Ready 
Reserve under any provision of law except section 513 or 10145(b) of 
this title, shall be required, while in the Ready Reserve, to--
            ``(1) participate in at least 48 scheduled drills or 
        training periods during each year and serve on active duty for 
        training of not less than 14 days (exclusive of traveltime) 
        during each year; or
            ``(2) serve on active duty for training not more than 30 
        days during each year.
    ``(b) A member who has served on active duty for one year or longer 
may not be required to perform a period of active duty for training if 
the first day of that period falls during the last 120 days of the 
member's required membership in the Ready Reserve.
``Sec. 10148. Ready Reserve: failure to satisfactorily perform 
              prescribed training
    ``(a) A member of the Ready Reserve covered by section 10147 of 
this title who fails in any year to perform satisfactorily the training 
duty prescribed in that section, as determined by the Secretary 
concerned under regulations prescribed by the Secretary of Defense, may 
be ordered without his consent to perform additional active duty for 
training for not more than 45 days. If the failure occurs during the 
last year of his required membership in the Ready Reserve, his 
membership is extended until he performs that additional active duty 
for training, but not for more than six months.
    ``(b) A member of the Army National Guard of the United States or 
the Air National Guard of the United States who fails in any year to 
perform satisfactorily the training duty prescribed by or under law for 
members of the Army National Guard or the Air National Guard, as the 
case may be, as determined by the Secretary concerned, may, upon the 
request of the Governor of the State (or, in the case of the District 
of Columbia, the commanding general of the District of Columbia 
National Guard) be ordered, without his consent, to perform additional 
active duty for training for not more than 45 days. A member ordered to 
active duty under this subsection shall be ordered to duty as a Reserve 
of the Army or as a Reserve of the Air Force, as the case may be.
``Sec. 10149. Ready Reserve: continuous screening
    ``(a) Under regulations to be prescribed by the President, the 
Secretary concerned shall provide a system of continuous screening of 
units and members of the Ready Reserve to ensure the following:
            ``(1) That there will be no significant attrition of those 
        members or units during a mobilization.
            ``(2) That there is a proper balance of military skills.
            ``(3) That except for those with military skills for which 
        there is an overriding requirement, members having critical 
        civilian skills are not retained in numbers beyond the need for 
        those skills.
            ``(4) That with due regard to national security and 
        military requirements, recognition will be given to 
        participation in combat.
            ``(5) That members whose mobilization in an emergency would 
        result in an extreme personal or community hardship are not 
        retained in the Ready Reserve.
    ``(b) Under regulations to be prescribed by the Secretary of 
Defense, and by the Secretary of Transportation with respect to the 
Coast Guard when it is not operating as a service in the Navy, a member 
of the Ready Reserve who is designated as a member not to be retained 
in the Ready Reserve as a result of screening under subsection (a) 
shall, as appropriate, be--
            ``(1) transferred to the Standby Reserve;
            ``(2) discharged; or
            ``(3) if the member is eligible and applies therefor, 
        transferred to the Retired Reserve.
``Sec. 10150. Ready Reserve: transfer back from Standby Reserve
    ``Under regulations to be prescribed by the Secretary of Defense, 
and by the Secretary of Transportation with respect to the Coast Guard 
when it is not operating as a service in the Navy, a member of the 
Standby Reserve who has not completed his required period of service in 
the Ready Reserve may be transferred to the Ready Reserve when the 
reason for his transfer to the Standby Reserve no longer exists.
``Sec. 10151. Standby Reserve: composition
    ``The Standby Reserve consists of those units or members, or both, 
of the reserve components, other than those in the Ready Reserve or 
Retired Reserve, who are liable for active duty only as provided in 
sections 12301 and 12306 of this title.
``Sec. 10152. Standby Reserve: inactive status list
    ``(a) An inactive status list shall be maintained in the Standby 
Reserve. Whenever an authority designated by the Secretary concerned 
considers that it is in the best interest of the armed force concerned, 
a member in the Standby Reserve who is not required to remain a 
Reserve, and who cannot participate in prescribed training, may, if 
qualified, be transferred to the inactive status list under regulations 
to be prescribed by the Secretary concerned. These regulations shall 
fix the conditions under which such a member is entitled to be returned 
to an active status.
``Sec. 10153. Standby Reserve: status of members
    ``While in an inactive status, a Reserve is not eligible for pay or 
promotion and (as provided in section 12734(a) of this title) does not 
accrue credit for years of service under chapter 1223 of this title.
``Sec. 10154. Retired Reserve
    ``The Retired Reserve consists of the following Reserves:
            ``(1) Reserves who are or have been retired under section 
        3911, 6323, or 8911 of this title or under section 291 of title 
        14.
            ``(2) Reserves who have been transferred to the Retired 
        Reserve upon their request, retain their status as Reserves, 
        and are otherwise qualified.

          ``CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS

``Sec.
``10201. Assistant Secretary of Defense for Reserve Affairs.
``10202. Regulations.
``10203. Reserve affairs: designation of general or flag officer of 
                            each armed force.
``10204. Personnel records.
``10205. Members of Individual Ready Reserve: requirement of 
                            notification of change of status.
``10206. Members: periodic physical examinations.
``10207. Mobilization forces: maintenance.
``10208. Annual mobilization exercise.
``10209. Regular and reserve components: discrimination prohibited.
``10210. Dissemination of information.
``10211. Policies and regulations: participation of reserve officers in 
                            preparation and administration.
``10212. Gratuitous services of officers: authority to accept.
``10213. Reserve components: dual membership prohibited.
``10214. Adjutants general and assistant adjutants general: reference 
                            to other officers of National Guard.
``10215. Officers of Army National Guard of the United States and Air 
                            National Guard of the United States: 
                            authority with respect to Federal status.
``Sec. 10201. Assistant Secretary of Defense for Reserve Affairs
    ``As provided in section 138(b)(2) of this title, the official in 
the Department of Defense with responsibility for overall supervision 
of reserve component affairs of the Department of Defense is the 
Assistant Secretary of Defense for Reserve Affairs.
``Sec. 10202. Regulations
    ``(a) Subject to standards, policies, and procedures prescribed by 
the Secretary of Defense, the Secretary of each military department 
shall prescribe such regulations as the Secretary considers necessary 
to carry out provisions of law relating to the reserve components under 
the Secretary's jurisdiction.
    ``(b) The Secretary of Transportation, with the concurrence of the 
Secretary of the Navy, shall prescribe such regulations as the 
Secretary considers necessary to carry out all provisions of law 
relating to the reserve components insofar as they relate to the Coast 
Guard, except when the Coast Guard is operating as a service in the 
Navy.
    ``(c) So far as practicable, regulations for all reserve components 
shall be uniform.
``Sec. 10203. Reserve affairs: designation of general or flag officer 
              of each armed force
    ``(a) The Secretary of the Army may designate a general officer of 
the Army to be directly responsible for reserve affairs to the Chief of 
Staff of the Army.
    ``(b) The Secretary of the Navy may designate a flag officer of the 
Navy to be directly responsible for reserve affairs to the Chief of 
Naval Operations and a general officer of the Marine Corps to be 
directly responsible for reserve affairs to the Commandant of the 
Marine Corps.
    ``(c) The Secretary of the Air Force may designate a general 
officer of the Air Force to be directly responsible for reserve affairs 
to the Chief of Staff of the Air Force.
    ``(d) The Secretary of Transportation may designate a flag officer 
of the Coast Guard to be directly responsible for reserve affairs to 
the Commandant of the Coast Guard.
    ``(e) This section does not affect the functions of the Chief of 
the National Guard Bureau, the Chief of Army Reserve, or the Chief of 
Air Force Reserve.
``Sec. 10204. Personnel records
    ``(a) The Secretary concerned shall maintain adequate and current 
personnel records of each member of the reserve components under the 
Secretary's jurisdiction showing the following with respect to the 
member:
            ``(1) Physical condition.
            ``(2) Dependency status.
            ``(3) Military qualifications.
            ``(4) Civilian occupational skills.
            ``(5) Availability for service.
            ``(6) Such other information as the Secretary concerned may 
        prescribe.
    ``(b) Under regulations to be prescribed by the Secretary of 
Defense, the Secretary of each military department shall maintain a 
record of the number of members of each class of each reserve component 
who, during each fiscal year, have participated satisfactorily in 
active duty for training and inactive duty training with pay.
``Sec. 10205. Members of Ready Reserve: requirement of notification of 
              change of status
    ``(a) Each member of the Ready Reserve shall notify the Secretary 
concerned of any change in the member's address, marital status, number 
of dependents, or civilian employment and of any change in the member's 
physical condition that would prevent the member from meeting the 
physical or mental standards prescribed for the member's armed force.
    ``(b) This section shall be administered under regulations 
prescribed by the Secretary of Defense and by the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy.
``Sec. 10206. Members: periodic physical examinations
    ``(a) Each member of the Ready Reserve who is not on active duty 
shall--
            ``(1) be examined as to his physical fitness every five 
        years, or more often as the Secretary concerned considers 
        necessary; and
            ``(2) execute and submit annually to the Secretary 
        concerned a certificate of physical condition.
Each Reserve in an active status, or on an inactive status list, who is 
not on active duty shall execute and submit annually to the Secretary 
concerned a certificate of physical condition.
    ``(b) The kind of duty to which a Reserve ordered to active duty 
may be assigned shall be considered in determining physical 
qualifications for active duty.
``Sec. 10207. Mobilization forces: maintenance
    ``(a) Whenever units or members of the reserve components are 
ordered to active duty (other than for training) during a period of 
partial mobilization, the Secretary concerned shall continue to 
maintain mobilization forces by planning and budgeting for the 
continued organization and training of the reserve components not 
mobilized, and make the fullest practicable use of the Federal 
facilities vacated by mobilized units, consistent with approved joint 
mobilization plans.
    ``(b) In this section, the term `partial mobilization' means the 
mobilization resulting from action by Congress or the President, under 
any law, to bring units of any reserve component, and members not 
assigned to units organized to serve as units, to active duty for a 
limited expansion of the active armed forces.
``Sec. 10208. Annual mobilization exercise
    ``(a) The Secretary of Defense shall conduct at least one major 
mobilization exercise each year. The exercise should be as 
comprehensive and as realistic as possible and should include the 
participation of associated active component and reserve component 
units.
    ``(b) The Secretary shall maintain a plan to test periodically each 
active component and reserve component unit based in the United States 
and all interactions of such units, as well as the sustainment of the 
forces mobilized as part of the exercise, with the objective of 
permitting an evaluation of the adequacy of resource allocation and 
planning.
``Sec. 10209. Regular and reserve components: discrimination prohibited
    ``Laws applying to both Regulars and Reserves shall be administered 
without discrimination--
            ``(1) among Regulars;
            ``(2) among Reserves; and
            ``(3) between Regulars and Reserves.
``Sec. 10210. Dissemination of information
    ``The Secretary of Defense shall require the complete and current 
dissemination, to all Reserves and to the public, of information of 
interest to the reserve components.
``Sec. 10211. Policies and regulations: participation of Reserve 
              officers in preparation and administration
    ``Within such numbers and in such grades and assignments as the 
Secretary concerned may prescribe, each armed force shall have officers 
of its reserve components on active duty (other than for training) at 
the seat of government, and at headquarters responsible for reserve 
affairs, to participate in preparing and administering the policies and 
regulations affecting those reserve components. While so serving, such 
an officer is an additional number of any staff with which he is 
serving.
``Sec. 10212. Gratuitous services of officers: authority to accept
    ``Notwithstanding section 1342 of title 31, the Secretary of a 
military department may accept the gratuitous services of an officer of 
a reserve component under the Secretary's jurisdiction (other than an 
officer of the Army National Guard of the United States or the Air 
National Guard of the United States)--
            ``(1) in the furtherance of the enrollment, organization, 
        and training of that officer's reserve component or the Reserve 
        Officers' Training Corps; or
            ``(2) in consultation upon matters relating to the armed 
        forces.
``Sec. 10213. Reserve components: dual membership prohibited
    ``Except as otherwise provided in this title, no person may be a 
member of more than one reserve component at the same time.
``Sec. 10214. Adjutants general and assistant adjutants general: 
              reference to other officers of National Guard
    ``In any case in which, under the laws of a State, an officer of 
the National Guard of that jurisdiction, other than the adjutant 
general or an assistant adjutant general, normally performs the duties 
of that office, the references in sections 12004(b)(1), 12215, 
12642(c), 14507(b), 14508(e), and 14512 of this title to the adjutant 
general or the assistant adjutant general shall be applied to that 
officer instead of to the adjutant general or assistant adjutant 
general.
``Sec. 10215. Officers of Army National Guard of the United States and 
              Air National Guard of the United States: authority with 
              respect to Federal status
    ``(a)(1) Officers of the Army National Guard of the United States 
who are not on active duty--
            ``(A) may order members of the Army National Guard of the 
        United States to active duty for training under section 
        12301(d) of this title; and
            ``(B) with the approval of the Secretary of the Air Force, 
        may order members of the Air National Guard of the United 
        States to active duty for training under that section.
    ``(2) Officers of the Air National Guard of the United States who 
are not on active duty--
            ``(A) may order members of the Air National Guard of the 
        United States to active duty for training under section 
        12301(d) of this title; and
            ``(B) with the approval of the Secretary of the Army, may 
        order members of the Army National Guard of the United States 
        to active duty for training under that section.
    ``(b) Officers of the Army National Guard of the United States or 
the Air National Guard of the United States who are not on active 
duty--
            ``(1) may enlist, reenlist, or extend the enlistments of 
        persons as Reserves of the Army or Reserves of the Air Force 
        for service in the Army National Guard of the United States or 
        the Air National Guard of the United States, as the case may 
        be; and
            ``(2) with respect to their Federal status, may promote or 
        discharge persons enlisted or reenlisted as Reserves of the 
        Army or Reserves of the Air Force for that service.
    ``(c) This section shall be carried out under regulations 
prescribed by the Secretary of the Army, with respect to matters 
concerning the Army, and by the Secretary of the Air Force, with 
respect to matters concerning the Air Force.''.
    (2)(A) Sections 261 through 265 and 267 through 281 are repealed.
    (B) Chapter 11 is amended by striking out the table of sections at 
the beginning and inserting in lieu thereof the following:

``Sec.
``261. Reference to chapters 1003, 1005, and 1007.
``Sec. 261. Reference to chapters 1003, 1005, and 1007
    ``Provisions of law relating to the reserve components generally, 
including provisions relating to the organization and administration of 
the reserve components, are set forth in chapter 1003 (beginning with 
section 10101), chapter 1005 (beginning with section 10141), and 
chapter 1007 (beginning with section 10201) of this title.''.
    (3)(A) Chapter 519 and sections 652, 2001, 3076 through 3080, and 
8076 through 8080 are repealed.
    (B) Section 552(e) of Public Law 98-525 is repealed.
    (4) Section 1004 is amended--
            (A) by striking out subsections (a) and (b); and
            (B) by striking out ``(c)'' before ``Except as otherwise 
        provided''.
    (5)(A) Section 10147(a), as added by paragraph (1), applies only to 
persons who were inducted, enlisted, or appointed in an armed force 
after August 9, 1955.
    (B) Section 10148(b), as added by paragraph (1), applies only to 
persons who became members of the Army National Guard of the United 
States or the Air National Guard of the United States after October 4, 
1961.
    (b) Boards and Committees.--(1) Part I of subtitle E (as added by 
subsection (a)) is amended by adding at the end the following:

      ``CHAPTER 1009--RESERVE FORCES POLICY BOARDS AND COMMITTEES

``Sec.
``10301. Reserve Forces Policy Board.
``10302. Army Reserve Forces Policy Committee.
``10303. Naval Reserve Policy Board.
``10304. Marine Corps Reserve Policy Board.
``10305. Air Force Reserve Forces Policy Committee.
``Sec. 10301. Reserve Forces Policy Board
    ``(a) There is in the Office of the Secretary of Defense a Reserve 
Forces Policy Board. The Board consists of the following:
            ``(1) A civilian chairman appointed by the Secretary of 
        Defense.
            ``(2) The Assistant Secretary of the Army for Manpower and 
        Reserve Affairs, the Assistant Secretary of the Navy for 
        Manpower and Reserve Affairs, and the Assistant Secretary of 
        the Air Force for Manpower and Reserve Affairs.
            ``(3) An officer of the Regular Army designated by the 
        Secretary of the Army.
            ``(4) An officer of the Regular Navy or Regular Marine 
        Corps designated by the Secretary of the Navy.
            ``(5) An officer of the Regular Air Force designated by the 
        Secretary of the Air Force.
            ``(6) Four reserve officers designated by the Secretary of 
        Defense upon the recommendation of the Secretary of the Army, 
        two of whom must be members of the Army National Guard of the 
        United States, and two of whom must be members of the Army 
        Reserve.
            ``(7) Four reserve officers designated by the Secretary of 
        Defense upon the recommendation of the Secretary of the Navy, 
        two of whom must be members of the Naval Reserve, and two of 
        whom must be members of the Marine Corps Reserve.
            ``(8) Four reserve officers designated by the Secretary of 
        Defense upon the recommendation of the Secretary of the Air 
        Force, two of whom must be members of the Air National Guard of 
        the United States, and two of whom must be members of the Air 
        Force Reserve.
            ``(9) A reserve officer of the Army, Navy, Air Force, or 
        Marine Corps who is a general officer or flag officer 
        designated by the Chairman of the Board with the approval of 
        the Secretary of Defense, and who serves without vote as 
        military adviser to the Chairman and as executive officer of 
        the Board.
    ``(b) Whenever the Coast Guard is not operating as a service in the 
Navy, the Secretary of Transportation may designate two officers of the 
Coast Guard, Regular or Reserve, to serve as voting members of the 
Board.
    ``(c) The Board, acting through the Assistant Secretary of Defense 
for Reserve Affairs, is the principal policy adviser to the Secretary 
of Defense on matters relating to the reserve components.
    ``(d) This section does not affect the committees on reserve 
policies prescribed within the military departments by sections 10302 
through 10305 of this title.
    ``(e) A member of a committee or board prescribed under a section 
listed in subsection (d) may, if otherwise eligible, be a member of the 
Reserve Forces Policy Board.
    ``(f) The Board shall act on those matters referred to it by the 
Chairman and, in addition, on any matter raised by a member of the 
Board.
``Sec. 10303. Naval Reserve Policy Board
    ``A Naval Reserve Policy Board shall be convened at least once 
annually at the seat of government to consider, recommend, and report 
to the Secretary of the Navy on reserve policy matters. At least half 
of the members of the Board must be officers of the Naval Reserve.
``Sec. 10304. Marine Corps Reserve Policy Board
    ``A Marine Corps Reserve Policy Board shall be convened at least 
once annually at the seat of government to consider, recommend, and 
report to the Secretary of the Navy on reserve policy matters. At least 
half of the members of the Board must be officers of the Marine Corps 
Reserve.''.
    (2)(A) Section 3021 is transferred to chapter 1009 (as added by 
paragraph (1)), inserted after section 10301, and redesignated as 
section 10302.
    (B) Section 8021 is transferred to chapter 1009 (as added by 
paragraph (1)), inserted after section 10304, and redesignated as 
section 10305.
    (3) The text of section 175 is amended to read as follows:
    ``There is in the Office of the Secretary of Defense a Reserve 
Forces Policy Board. The functions, membership, and organization of 
that board are set forth in section 10301 of this title.''.
    (4)(A) Chapter 303 (as amended by paragraph (2)(A)) is amended by 
adding at the end the following:
``Sec. 3021. Army Reserve Forces Policy Committee
    ``There is in the Office of the Secretary of the Army an Army 
Reserve Forces Policy Committee. The functions, membership, and 
organization of that committee are set forth in section 10302 of this 
title.''.
    (B) Chapter 803 (as amended by paragraph (2)(B)) is amended by 
adding at the end the following:
``Sec. 8021. Air Force Reserve Forces Policy Committee
    ``There is in the Office of the Secretary of the Air Force an Air 
Force Reserve Forces Policy Committee. The functions, membership, and 
organization of that committee are set forth in section 10305 of this 
title.''.
    (c) National Guard Bureau.--(1) Part I of subtitle E, as added by 
subsection (a), is amended by adding after chapter 1009, as added by 
subsection (b), the following:

                 ``CHAPTER 1011--NATIONAL GUARD BUREAU

``Sec.
``10501. National Guard Bureau: organization; function.
``10502. Chief of Bureau: appointment.
``10503. Chief of Bureau: term of office; grade; filling vacancy.
``10504. National Guard Bureau: assignment of officers of regular or 
                            reserve components.
``Sec. 10501. National Guard Bureau: organization; function
    ``There is a National Guard Bureau, which is a joint bureau of the 
Department of the Army and the Department of the Air Force. The 
National Guard Bureau is the channel of communication between the 
departments concerned and the several States, Territories, Puerto Rico, 
and the District of Columbia on all matters pertaining to the National 
Guard, the Army National Guard of the United States, and the Air 
National Guard of the United States.
``Sec. 10502. Chief of Bureau: appointment
    ``(a) Chief.--The National Guard Bureau is headed by a chief who is 
the adviser to the Army Chief of Staff and the Air Force Chief of Staff 
on National Guard matters.
    ``(b) Appointment.--The President, by and with the advice and 
consent of the Senate, shall appoint the Chief of the Bureau from 
officers of the Army National Guard of the United States or the Air 
National Guard of the United States who--
            ``(1) have been recommended by their respective governors;
            ``(2) have had at least 10 years of commissioned service in 
        the active National Guard; and
            ``(3) are in a grade above lieutenant colonel.
``Sec. 10503. Chief of Bureau: term of office; grade; filling vacancy
    ``(a) Term of Office.--The Chief of the National Guard Bureau holds 
office for four years, but may be removed for cause at any time. An 
officer may not hold the office of Chief of the Bureau after attaining 
64 years of age. He is eligible to succeed himself. While holding that 
office, the Chief of the Bureau may not be removed from the reserve 
active-status list, or from an active status, under any provision of 
law that otherwise would require such removal due to completion of a 
specified number of years of service or a specified number of years of 
service in grade.
    ``(b) Grade While Serving.--If an officer appointed as Chief of the 
National Guard Bureau holds a lower reserve grade, the officer shall be 
appointed as a Reserve in his armed force in the grade of major general 
for service in the Army National Guard of the United States or the Air 
National Guard of the United States, as the case may be, while serving 
as Chief of the Bureau.
    ``(c) Disability; Vacancy.--If the Chief of the Bureau is unable, 
because of disability, to perform the functions of his office, or if 
that office is vacant, the senior officer of the Army National Guard of 
the United States or the Air National Guard of the United States on 
duty in the Bureau shall act as its chief until the disability ceases 
or a successor is appointed.
``Sec. 10504. National Guard Bureau: assignment of officers of regular 
              or reserve components
    ``Except as provided in section 12402(b) of this title, the 
President may assign to duty in the National Guard Bureau as many 
regular or reserve officers of the Army and the Air Force as he 
considers necessary.''.
    (2) Section 3040 (as amended by section 1351) and sections 3541 and 
8541 are repealed.
    (d) Annual Reports to Congress.--(1) Part I of subtitle E, as added 
by subsection (a), is amended by adding after chapter 1011, as added by 
subsection (c), the following:

   ``CHAPTER 1013--BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS

``Sec.
``10541. National Guard and reserve component equipment: annual report 
                            to Congress.
``10542. Army National Guard combat readiness: annual report.''.
    (2)(A) Section 115b is transferred to chapter 1013, as added by 
paragraph (1), inserted after the table of sections, and redesignated 
as section 10541.
    (B) The heading of that section is amended to read as follows:
``Sec. 10541. National Guard and reserve component equipment: annual 
              report to Congress''.
    (3) Section 3082 is transferred to chapter 1013, as added by 
paragraph (1), inserted after section 10541 (as transferred and 
redesignated by paragraph (2)), redesignated as section 10542, and 
amended by striking out the word in the section heading before the 
colon and by striking out subsection (c).

SEC. 1362. LAWS RELATING TO RESERVE COMPONENT PERSONNEL POLICY.

    (a) Strength and Distribution in Grade.--(1) Subtitle E, as added 
by section 1311, is amended by inserting after part I of such subtitle, 
as added by section 1361, the following:

                     ``PART II--PERSONNEL GENERALLY

``Chap.                                                            Sec.
``1201. Authorized Strengths and Distribution in Grade......      12001
``1203. Enlisted Members....................................      12101
``1205. Appointment of Reserve Officers.....................      12201
``1207. Warrant Officers....................................      12241
``1209. Active Duty.........................................      12301
``1211. National Guard Members in Federal Service...........      12401
``1213. Special Appointments, Assignments, Details, and           12501
                            Duties.
``1215. Miscellaneous Prohibitions and Penalties 
                                                  [No present sections]
``1217. Miscellaneous Rights and Benefits...................      12601
``1219. Standards and Procedures for Retention and Promotion      12641
``1221. Separation..........................................      12681
``1223. Retired Pay for Non-Regular Service.................      12731
``1225. Retired Grade.......................................      12771

``CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

``Sec.
``12001. Authorized strengths: reserve components.
``12002. Authorized strengths: Army and Air Force reserve components, 
                            exclusive of members on active duty.
``12003. Authorized strengths: commissioned officers active status.
``12004. Strength in grade: reserve general and flag officers in an 
                            active status.
``12005. Strength in grade: commissioned officers in grades below 
                            brigadier general or rear admiral (lower 
                            half) in an active status.
``12006. Strength limitations: authority to waive in time of war or 
                            national emergency.
``12007. Reserve officers of the Army: distribution.
``12008. Army Reserve and Air Force Reserve: warrant officers.
``12009. Army and Air Force reserve components: temporary increases.
``12010. Computations for Naval Reserve and Marine Corps Reserve: rule 
                            when fraction occurs in final result.
``12011. Authorized strengths: reserve officers on active duty or on 
                            full-time National Guard duty for 
                            administration of the reserves or the 
                            National Guard.
``12012. Authorized strengths: senior enlisted members on active duty 
                            or on full-time National Guard duty for 
                            administration of the reserves or the 
                            National Guard.
``Sec. 12001. Authorized strengths: reserve components
    ``(a) Whenever the authorized strength of a reserve component 
(other than the Coast Guard Reserve) is not prescribed by law, it shall 
be prescribed by the President.
    ``(b) Subject to the authorized strength of the reserve component 
concerned, the authorized strength of each reserve component (other 
than the Coast Guard Reserve) in members in each grade is that which 
the Secretary concerned determines to be necessary to provide for 
mobilization requirements. The Secretary shall review these 
determinations at least once each year and revise them if he considers 
it necessary. However, a member of the reserve component concerned may 
not, as a result of such a determination, be reduced in the member's 
reserve grade without the member's consent.
``Sec. 12002. Authorized strengths: Army and Air Force reserve 
              components, exclusive of members on active duty
    ``(a) The authorized strengths of the National Guard and the 
reserve components of the Army and the Air Force, exclusive of members 
who are included in the strengths authorized for members of the Army 
and Air Force, respectively, on active duty, are as follows:

      ``Army National Guard and the Army National Guard of      600,000
the United States.
      ``Army Reserve.......................................     980,000
      ``Air National Guard and the Air National Guard of        150,000
the United States.
      ``Air Force Reserve..................................    500,000.
    ``(b) The strength authorized by this section for the Army National 
Guard and the Army National Guard of the United States, and the 
strength authorized by this section for the Air National Guard and the 
Air National Guard of the United States, shall be allocated among the 
States.
``Sec. 12003. Authorized strengths: commissioned officers in an active 
              status
    ``(a) The authorized strengths of the Army, Navy, Air Force, and 
Marine Corps in reserve commissioned officers, other than commissioned 
warrant officers and officers on an active-duty list, in an active 
status are as follows:

      ``Army...............................................     275,000
      ``Air Force..........................................     200,000
      ``Navy...............................................     150,000
      ``Marine Corps.......................................     24,500.
    ``(b) The authorized strengths prescribed by subsection (a) may not 
be exceeded unless--
            ``(1) the Secretary concerned determines that a greater 
        number is necessary for planned mobilization requirements; or
            ``(2) the excess results directly from the operation of a 
        nondiscretionary provision of law.
``Sec. 12004. Strength in grade: reserve general and flag officers in 
              an active status
    ``(a) The authorized strengths of the Army, Air Force, and Marine 
Corps in reserve general officers in an active status, and the 
authorized strength of the Navy in reserve officers in the grades of 
rear admiral (lower half) and rear admiral in an active-status, are as 
follows:

      ``Army...............................................         207
      ``Air Force..........................................         157
      ``Navy...............................................          48
      ``Marine Corps.......................................         10.
    ``(b) The following Army and Air Force reserve officers shall not 
be counted for purposes of this section:
            ``(1) Those serving as adjutants general or assistant 
        adjutants general of a State.
            ``(2) Those serving in the National Guard Bureau.
            ``(3) Those counted under section 526 of this title.
    ``(c)(1) The authorized strength of the Navy under subsection (a) 
is exclusive of officers counted under section 526 of this title. Of 
the number authorized under subsection (a), 39 are distributed among 
the line and the staff corps as follows:

      ``Line...................................................      28
      ``Medical Corps..........................................       5
      ``Chaplain Corps.........................................       1
      ``Judge Advocate General's Corps.........................       1
      ``Dental Corps...........................................       2
      ``Nurse Corps............................................       1
      ``Medical Service Corps..................................       1
    ``(2) The remaining authorizations for the Navy under subsection 
(a) shall be distributed among such other staff corps as are 
established by the Secretary of the Navy under the authority provided 
by section 5150(b) of this title, except that--
            ``(A) if the Secretary has established a Supply Corps, the 
        authorized strength for the Supply Corps shall be seven; and
            ``(B) if the Secretary has established a Civil Engineering 
        Corps, the authorized strength for the Civil Engineering Corps 
        shall be two.
    ``(3) Not more than 50 percent of the officers in an active status 
authorized under this section for the Navy may serve in the grade of 
rear admiral.
    ``(d) The authorized strength of the Marine Corps under subsection 
(a) is exclusive of those counted under section 526 of this title.
    ``(e)(1) A reserve general officer of the Army or Air Force may not 
be reduced in grade because of a reduction in the number of general 
officers authorized under subsection (a).
    ``(2) An officer of the Naval Reserve or the Marine Corps Reserve 
may not be reduced in permanent grade because of a reduction in the 
number authorized by this section for his grade.
``Sec. 12005. Strength in grade: commissioned officers in grades below 
              brigadier general or rear admiral (lower half) in an 
              active status
    ``(a)(1) Subject to paragraph (2), the authorized strength of the 
Army and the Air Force in reserve commissioned officers in an active 
status in each grade named in paragraph (2) is as prescribed by the 
Secretary of the Army or the Secretary of the Air Force, respectively. 
A vacancy in any grade may be filled by an authorized appointment in 
any lower grade.
    ``(2) A strength prescribed by the Secretary concerned under 
paragraph (1) for a grade may not be higher than the percentage of the 
strength authorized for the Army or the Air Force, as the case may be, 
under section 12003 of this title that is specified for that grade as 
follows:

      

------------------------------------------------------------------------
                                                            Air Force   
                  Grade               Army percentage      percentage   
------------------------------------------------------------------------
      Colonel.......................          2               1.8      
      Lieutenant colonel............          6               4.6      
      Major.........................         13               14.0      
      Captain.......................         35               32.0      
      First lieutenant and second                             47.6      
       lieutenant (when combined                                        
       with the number authorized                                       
       for general officer grades                                       
       under section 12004 of this                                      
       title).......................         44                         
------------------------------------------------------------------------

    ``(b)(1) The authorized strengths of the Naval Reserve in line 
officers in an active status in the grades of captain, commander, 
lieutenant commander, and lieutenant, and in the grades of lieutenant 
(junior grade) and ensign combined, are the following percentages of 
the total authorized number of those officers:

``Captain............................................       1.5 percent
``Commander..........................................         7 percent
``Lieutenant commander...............................        22 percent
``Lieutenant.........................................        37 percent
``Lieutenant (junior grade) and ensign (when combined     32.5 percent.
with the number authorized for flag officer grades 
under section 12004 of this title).
    ``(2) When the actual number of line officers in an active status 
in any grade is less than the number authorized by paragraph (1) for 
that grade, the difference may be applied to increase the number 
authorized by that paragraph for any lower grade or grades.
    ``(c)(1) The authorized strengths of the Marine Corps Reserve in 
officers in an active status in the grades of colonel, lieutenant 
colonel, major, and captain, and in the grades of first lieutenant and 
second lieutenant combined, are the following percentages of the total 
authorized number of those officers:


``Colonel............................................         2 percent
``Lieutenant colonel.................................         6 percent
``Major..............................................        12 percent
``Captain............................................        35 percent
``First lieutenant and second lieutenant (when            32.5 percent.
combined with the number authorized for general 
officer grades under section 12004 of this title).
    ``(2) When the actual number of officers in an active status in any 
grade is less than the number authorized by paragraph (1) for that 
grade, the difference may be applied to increase the number authorized 
by that paragraph for any lower grade or grades.
    ``(d)(1) An officer of the Army or Air Force may not be reduced in 
grade because of a reduction in the number of commissioned officers 
authorized for the officer's grade under this section.
    ``(2) An officer of the Naval Reserve or the Marine Corps Reserve 
may not be reduced in permanent grade because of a reduction in the 
number authorized by this section for his grade.
``Sec. 12006. Strength limitations: authority to waive in time of war 
              or national emergency
    ``(a) In time of war, or of national emergency declared by Congress 
or the President, the President may suspend the operation of any 
provision of section 12003, 12004, or 12005 of this title. So long as 
any such war or national emergency continues, any such suspension may 
be extended by the President.
    ``(b) Any suspension under subsection (a) shall, if not sooner 
ended, end on the last day of the two-year period beginning on the date 
on which the suspension (or the last extension thereof) takes effect or 
on the last day of the one-year period beginning on the date of the 
termination of the war or national emergency, whichever occurs first. 
With respect to the end of any such suspension, the preceding sentence 
supersedes the provisions of title II of the National Emergencies Act 
(50 U.S.C. 1621, 1622) which provide that powers or authorities 
exercised by reason of a national emergency shall cease to be exercised 
after the date of termination of the emergency.
``Sec. 12007. Reserve officers of the Army: distribution
    ``The Secretary of the Army shall distribute the number of reserve 
commissioned officers, other than commissioned warrant officers, 
authorized in each commissioned grade between those assigned to reserve 
units organized to serve as units and those not assigned to such units. 
The Secretary shall distribute the number who are assigned to reserve 
units organized to serve as units among the units of each reserve 
component by prescribing appropriate tables of organization and tables 
of distribution. The Secretary shall distribute the number who are not 
assigned to such units between--
            ``(1) each special branch; and
            ``(2) all other branches taken together.
``Sec. 12008. Army Reserve and Air Force Reserve: warrant officers
    ``The Secretary of the Army may prescribe the authorized strength 
of the Army Reserve in warrant officers. The Secretary of the Air Force 
may prescribe the authorized strength of the Air Force Reserve in 
warrant officers.
``Sec. 12009. Army and Air Force reserve components: temporary 
              increases
    ``(a) The authorized strength in any reserve grade, as prescribed 
under this chapter, for any reserve component under the jurisdiction of 
the Secretary of the Army or the Secretary of the Air Force is 
automatically increased to the minimum extent necessary to give effect 
to each appointment made in that grade under section 1211(a), 3036, 
14304(b), 14314, or 14317 of this title.
    ``(b) An authorized strength so increased is increased for no other 
purpose. While an officer holds that grade, the officer whose 
appointment caused the increase is counted for the purpose of 
determining when other appointments, not under those sections, may be 
made in that grade.
``Sec. 12010. Computations for Naval Reserve and Marine Corps Reserve: 
              rule when fraction occurs in final result
    ``When there is a fraction in the final result of any computation 
under this chapter for the Naval Reserve or the Marine Corps Reserve, a 
fraction of one-half or more is counted as one, and a fraction of less 
than one-half is disregarded.
``Sec. 12012. Authorized strengths: senior enlisted members on active 
              duty or on full-time National Guard duty for 
              administration of the reserves or National Guard
    ``(a) The number of enlisted members in pay grades E-8 and E-9 who 
may be on active duty (other than for training) or on full-time 
National Guard duty under the authority of section 502(f) of title 32 
(other than for training) as of the end of any fiscal year in 
connection with organizing, administering, recruiting, instructing, or 
training the reserve components or the National Guard may not exceed 
the number for that grade and armed force in the following table:

      

------------------------------------------------------------------------
                                                       Air      Marine  
            ``Grade            Army        Navy      Force       Corps  
------------------------------------------------------------------------
      E-9.................  569       202         328           14    
      E-8.................  2,585       429         840           74    
------------------------------------------------------------------------

    ``(b) Whenever the number of members serving in pay grade E-9 for 
duty described in subsection (a) is less than the number authorized for 
that grade under subsection (a), the difference between the two numbers 
may be applied to increase the number authorized under such subsection 
for pay grade E-8.''.
    (2)(A) Section 524 is transferred to chapter 1201, as added by 
paragraph (1), inserted after section 12010, and redesignated as 
section 12011.
    (B) The heading of that section is amended to read as follows:
``Sec. 12011. Authorized strengths: reserve officers on active duty or 
              on full-time National Guard duty for administration of 
              the reserves or the National Guard''.
    (3) Chapter 531 and sections 3212, 3217 through 3225, 5454, 5456, 
5457, 5458, 8212, and 8217 through 8225 are repealed.
    (4) Section 517 is amended--
            (A) by striking out subsection (b); and
            (B) by redesignating subsection (c) as subsection (b) and 
        in that subsection striking out ``or whenever'' and all that 
        follows through ``under subsection (b),''.
    (b) Enlistments.--(1) Part II of subtitle E, as added by subsection 
(a), is amended by adding after chapter 1201 (as added by subsection 
(a)), the following:

                    ``CHAPTER 1203--ENLISTED MEMBERS

``Sec.
``12101. Definition.
``12102. Reserve components: qualifications.
``12103. Reserve components: terms.
``12104. Reserve components: transfers.
``12105. Army Reserve and Air Force Reserve: transfer from Guard 
                            components.
``12106. Army and Air Force Reserve: transfer to upon withdrawal as 
                            member of National Guard.
``12107. Army National Guard of United States; Air National Guard of 
                            the United States: enlistment in.
``Sec. 12101. Definition
    ``In this chapter, the term `enlistment' means original enlistment 
or reenlistment.
``Sec. 12105. Army Reserve and Air Force Reserve: transfer from Guard 
              components
    ``(a) Under such regulations as the Secretary concerned may 
prescribe--
            ``(1) an enlisted member of the Army National Guard of the 
        United States may be transferred in grade to the Army Reserve; 
        and
            ``(2) an enlisted member of the Air National Guard of the 
        United States may be transferred in grade to the Air Force 
        Reserve.
    ``(b) Upon such a transfer, the member transferred is eligible for 
promotion to the highest regular or reserve grade ever held by him in 
the Army, if transferred under subsection (a)(1), or the Air Force, if 
transferred under subsection (a)(2), if his service has been honorable.
    ``(c) A transfer under this section may only be made with the 
consent of the governor or other appropriate authority of the State 
concerned.
``Sec. 12106. Army and Air Force Reserve: transfer to upon withdrawal 
              as member of National Guard
    ``(a) An enlisted member of the Army National Guard of the United 
States who ceases to be a member of the Army National Guard becomes a 
member of the Army Reserve unless he is also discharged from his 
enlistment as a Reserve.
    ``(b) An enlisted member of the Air National Guard of the United 
States who ceases to be a member of the Air National Guard becomes a 
member of the Air Force Reserve unless he is also discharged from his 
enlistment as a Reserve.
    ``(c) An enlisted member who becomes a member of the Army Reserve 
or the Air Force Reserve under this section ceases to be a member of 
the Army National Guard of the United States or the Air National Guard 
of the United States, as the case may be.
``Sec. 12107. Army National Guard of United States; Air National Guard 
              of the United States: enlistment in
    ``(a) Except as provided in subsection (c), to become an enlisted 
member of the Army National Guard of the United States or the Air 
National Guard of the United States, a person must--
            ``(1) be enlisted in the Army National Guard or the Air 
        National Guard, as the case may be;
            ``(2) subscribe to the oath set forth in section 304 of 
        title 32; and
            ``(3) be a member of a federally recognized unit or 
        organization of the Army National Guard or the Air National 
        Guard, as the case may be, in the grade in which he is to be 
        enlisted as a Reserve.
    ``(b)(1) Under regulations to be prescribed by the Secretary of the 
Army, a person who enlists in the Army National Guard, or whose term of 
enlistment in the Army National Guard is extended, shall be 
concurrently enlisted, or his term of enlistment shall be concurrently 
extended, as the case may be, as a Reserve of the Army for service in 
the Army National Guard of the United States.
    ``(2) Under regulations to be prescribed by the Secretary of the 
Air Force, a person who enlists in the Air National Guard, or whose 
term of enlistment in the Air National Guard is extended, shall be 
concurrently enlisted, or his term of enlistment shall be concurrently 
extended, as the case may be, as a Reserve of the Air Force for service 
in the Air National Guard of the United States.
    ``(c)(1) A member of the Army Reserve who enlists in the Army 
National Guard in his reserve grade, and is a member of a federally 
recognized unit or organization of the Army National Guard, becomes a 
member of the Army National Guard of the United States and ceases to be 
a member of the Army Reserve.
    ``(2) A member of the Air Force Reserve who enlists in the Air 
National Guard in his reserve grade, and is a member of a federally 
recognized unit or organization of the Air National Guard, becomes a 
member of the Air National Guard of the United States and ceases to be 
a member of the Air Force Reserve.''.
    (2) Sections 510 (as amended by section 1331(a)), 511, and 512 are 
transferred to chapter 1203, as added by paragraph (1), inserted after 
section 12101, and redesignated as follows:

  
                                                           Redesignated
Section
                                                            section    
        510..........................................         12102    
        511..........................................         12103    
        512..........................................         12104    
    (3) The following sections are repealed: sections 3259, 3260, 3261, 
8259, 8260, and 8261.
    (c) Appointment of Officers.--(1) Part II of subtitle E, as added 
by subsection (a), is further amended by adding after chapter 1203 (as 
added by subsection (b)) the following:

            ``CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS

``Sec.
``12201. Qualifications for appointment.
``12202. Commissioned officer grades.
``12203. Commissioned officers: appointment, how made; term.
``12204. Commissioned officers: original appointment; limitation.
``12205. Commissioned officers: appointment; educational requirement.
``12206. Commissioned officers: appointment of former commissioned 
                            officers.
``12207. Commissioned officers: service credit upon original 
                            appointment.
``12208. Officers: appointment upon transfer.
``12209. Officer candidates: enlisted Reserves.
``12210. Attending Physician to the Congress: reserve grade while so 
                            serving.
``12211. Officers: Army National Guard of United States.
``12212. Officers: Air National Guard of United States.
``12213. Officers; Army Reserve: transfer from Army National Guard of 
                            United States.
``12214. Officers; Air Force Reserve: transfer from Air National Guard 
                            of United States.
``12215. Commissioned officers: reserve grade of adjutants general and 
                            assistant adjutants general.  
``Sec. 12215. Commissioned officers: reserve grade of adjutants general 
              and assistant adjutants general
    ``(a) The adjutant general or an assistant adjutant general of the 
Army National Guard of a State may, upon being extended Federal 
recognition, be appointed as a reserve officer of the Army as of the 
date on which he is so recognized.
    ``(b) The adjutant general or an assistant adjutant general of the 
Air National Guard of a State may be appointed in the reserve 
commissioned grade in which Federal recognition in the Air National 
Guard is extended to him.''.
    (2) Sections 591 (as amended by section 1331(b)), 592, 593 (as 
amended by section 1332), 594, 596, 596a (as added by section 1333), 
596b (as added by section 1334), and 595 are transferred (in that 
order) to chapter 1205, as added by paragraph (1), inserted after the 
table of sections, and redesignated as follows:

  
                                                           Redesignated
Section
                                                            section    
        591..........................................       12201      
        592..........................................       12202      
        593..........................................       12203      
        594..........................................       12204      
        596..........................................       12205      
        596a (as added by section 1333)..............       12206      
        596b (as added by section 1334)..............       12207      
        595..........................................       12208      
    (3) Sections 600, 600a, 3351, 8351, 3352 (as amended by section 
1336(a)), and 8352 are transferred (in that order) to chapter 1205, as 
added by paragraph (1), inserted after section 12208, and redesignated 
as follows:

  
                                                           Redesignated
Section
                                                            section    
        600..........................................       12209      
        600a.........................................       12210      
        3351.........................................       12211      
        8351.........................................       12212      
        3352.........................................       12213      
        8352.........................................       12214      
    (d) Warrant Officers.--(1) Part II of subtitle E, as added by 
subsection (a), is further amended by adding after chapter 1205 (as 
added by subsection (c)) the following:

                    ``CHAPTER 1207--WARRANT OFFICERS

``Sec.
``12241. Warrant officers: grades; appointment, how made; term.
``12242. Warrant officers: promotion.
``12243. Warrant officers: suspension of laws for promotions or 
                            mandatory retirement or separation during 
                            war or emergency.''.
    (2) Sections 597, 598, and 599 are transferred to chapter 1207, as 
added by paragraph (1), inserted after the table of sections, and 
redesignated as follows:

  
                                                           Redesignated
Section
                                                            section    
        597..........................................       12241      
        598..........................................       12242      
        599..........................................       12243      
    (3) Chapter 34 is amended to read as follows:

             ``CHAPTER 34--APPOINTMENTS AS RESERVE OFFICERS

``Sec.
``591. Reference to chapters 1205 and 1207.
``Sec. 591. Reference to chapters 1205 and 1207
    ``Provisions of law relating to appointments of reserve officers 
other than warrant officers are set forth in chapter 1205 of this title 
(beginning with section 12201). Provisions of law relating to 
appointments and promotion of reserve warrant officers are set forth in 
chapter 1207 (beginning with section 12241).''.
    (e) Active Duty.--(1) Part II of subtitle E, as added by subsection 
(a), is further amended by adding after chapter 1207 (as added by 
subsection (d)) the following:

                      ``CHAPTER 1209--ACTIVE DUTY

``Sec.
``12301. Reserve components generally.
``12302. Ready Reserve.
``12303. Ready Reserve: members not assigned to, or participating 
                            satisfactorily in, units.
``12304. Selected Reserve: order to active duty other than during war 
                            or national emergency.
``12305. Authority of President to suspend certain laws relating to 
                            promotion, retirement, and separation.
``12306. Standby Reserve.
``12307. Retired Reserve.
``12308. Retention on active duty after becoming qualified for retired 
                            pay.
``12309. Reserve officers: use of in expansion of armed forces.
``12310. Reserves: for organizing, administering, etc., reserve 
                            components.
``12311. Active duty agreements.
``12312. Active duty agreements: release from duty.
``12313. Reserves: release from active duty.
``12314. Reserves: kinds of duty.
``12315. Reserves: duty with or without pay.
``12316. Payment of certain Reserves while on duty.
``12317. Reserves: theological students; limitations.
``12318. Reserves on active duty: duties; funding.
``12319. Ready Reserve: muster duty.
``12320. Reserve officers: grade in which ordered to active duty.
``12321. Reserve Officer Training Corps units: limitation on number of 
                            Reserves assigned.''.
    (2) Sections 672 through 687, section 689 (as amended by section 
1324), and section 690 are transferred to chapter 1209, as added by 
paragraph (1), inserted after the table of sections, and redesignated 
as follows:

  
                                                           Redesignated
Section
                                                            section    
        672..........................................       12301      
        673..........................................       12302      
        673a.........................................       12303      
        673b.........................................       12304      
        673c.........................................       12305      
        674..........................................       12306      
        675..........................................       12307      
        676..........................................       12308      
        677..........................................       12309      
        678..........................................       12310      
        679..........................................       12311      
        680..........................................       12312      
        681..........................................       12313      
        682..........................................       12314      
        683..........................................       12315      
        684..........................................       12316      
        685..........................................       12317      
        686..........................................       12318      
        687..........................................       12319      
        689..........................................       12320      
        690..........................................       12321      
    (3) The heading of section 12321 (as so redesignated) is amended to 
read as follows:
``Sec. 12321. Reserve Officer Training Corps units: limitation on 
              number of Reserves assigned''.
    (4) Chapter 39 is amended by inserting after section 671b the 
following:
``Sec. 672. Reference to chapter 1209
    ``Provisions of law relating to service of members of reserve 
components on active duty are set forth in chapter 1209 of this title 
(beginning with section 12301).''.
    (f) National Guard Members in Federal Service.--(1) Part II of 
subtitle E, as added by subsection (a), is further amended by adding 
after chapter 1209 (as added by subsection (e)) the following:

       ``CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

``Sec.
``12401. Army and Air National Guard of United States: status.
``12402. Army and Air National Guard of United States: commissioned 
                            officers; duty in National Guard Bureau.
``12403. Army and Air National Guard of United States: members; status 
                            in which ordered into Federal service.
``12404. Army and Air National Guard of United States: mobilization; 
                            maintenance of organization.
``12405. National Guard in Federal service: status.
``12406. National Guard in Federal service: call.
``12407. National Guard in Federal service: period of service; 
                            apportionment.
``12408. National Guard in Federal service: physical examination.
``Sec. 12401. Army and Air National Guard of the United States: status
    ``Members of the Army National Guard of the United States and the 
Air National Guard of the United States are not in active Federal 
service except when ordered thereto under law.
``Sec. 12402. Army and Air National Guard of United States: 
              commissioned officers; duty in National Guard Bureau
    ``(a) The President may, with their consent, order commissioned 
officers of the Army National Guard of the United States and the Air 
National Guard of the United States to active duty in the National 
Guard Bureau.
    ``(b)(1) The number of officers of the Army National Guard of the 
United States in grades below brigadier general who are ordered to 
active duty in the National Guard Bureau may not be more than 40 
percent of the number of officers of the Army authorized for duty in 
that Bureau and, to the extent practicable, shall not exceed 40 percent 
of the number of officers of the Army serving in that Bureau in any 
grade below brigadier general.
    ``(2) The number of officers of the Air National Guard of the 
United States in grades below brigadier general who are ordered to 
active duty in the National Guard Bureau may not be more than 40 
percent of the number of officers of the Air Force authorized for duty 
in that Bureau and, to the extent practicable, shall not exceed 40 
percent of the number of officers of the Air Force serving in that 
Bureau in any grade below brigadier general.
``Sec. 12403. Army and Air National Guard of United States: members; 
              status in which ordered into Federal service
    ``Members of the Army National Guard of the United States ordered 
to active duty shall be ordered to duty as Reserves of the Army. 
Members of the Air National Guard of the United States ordered to 
active duty shall be ordered to duty as Reserves of the Air Force.
``Sec. 12404. Army and Air National Guard of United States: 
              mobilization; maintenance of organization
    ``During an initial mobilization, the organization of a unit of the 
Army National Guard of the United States or of the Air National Guard 
of the United States ordered into active Federal service shall, so far 
as practicable, be maintained as it existed on the date of the order to 
duty.
``Sec. 12405. National Guard in Federal service: status
    ``Members of the National Guard called into Federal service are, 
from the time when they are required to respond to the call, subject to 
the laws and regulations governing the Army or the Air Force, as the 
case may be, except those applicable only to members of the Regular 
Army or Regular Air Force, as the case may be.
``Sec. 12406. National Guard in Federal service: call
    ``Whenever--
            ``(1) the United States, or any of the Territories, 
        Commonwealths, or possessions, is invaded or is in danger of 
        invasion by a foreign nation;
            ``(2) there is a rebellion or danger of a rebellion against 
        the authority of the Government of the United States; or
            ``(3) the President is unable with the regular forces to 
        execute the laws of the United States;
the President may call into Federal service members and units of the 
National Guard of any State in such numbers as he considers necessary 
to repel the invasion, suppress the rebellion, or execute those laws. 
Orders for these purposes shall be issued through the governors of the 
States or, in the case of the District of Columbia, through the 
commanding general of the National Guard of the District of Columbia.
``Sec. 12407. National Guard in Federal service: period of service; 
              apportionment
    ``(a) Whenever the President calls the National Guard of a State 
into Federal service, he may specify in the call the period of the 
service. Members and units called shall serve inside or outside the 
territory of the United States during the term specified, unless sooner 
relieved by the President. However, no member of the National Guard may 
be kept in Federal service beyond the term of his commission or 
enlistment.
    ``(b) When the National Guard of a State is called into Federal 
service with the National Guard of another of those jurisdictions, the 
President may apportion the total number called from the Army National 
Guard or from the Air National Guard, as the case may be, on the basis 
of the populations of the jurisdictions affected by the call.
``Sec. 12408. National Guard in Federal service: physical examination
    ``(a) Under regulations prescribed by the President, each member of 
the National Guard called into Federal service shall be examined as to 
physical fitness, without further commission or enlistment.
    ``(b) Immediately before such a member is mustered out of Federal 
service, he shall be examined as to physical fitness. The record of 
this examination shall be retained by the United States.''.
    (2) Sections 3495 through 3502 and 8495 through 8502 are repealed.
    (g) Miscellaneous Provisions.--(1) Part II of subtitle E, as added 
by subsection (a), is further amended by adding after chapter 1211 (as 
added by subsection (f)) the following:

 ``CHAPTER 1213--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

``Sec.
``12501. Reserve components: detail of members of regular and reserve 
                            components to assist.
``12502. Chief and assistant chief of staff of National Guard divisions 
                            and wings in Federal service: detail.
``Sec. 12501. Reserve components: detail of members of regular and 
              reserve components to assist
    ``The Secretary concerned shall detail such members of the regular 
and reserve components under his jurisdiction as are necessary to 
effectively develop, train, instruct, and administer those reserve 
components.
``Sec. 12502. Chief and assistant chief of staff of National Guard 
              divisions and wings in Federal service: detail
    ``(a) The President may detail a regular or reserve officer of the 
Army as chief of staff, and a regular or reserve officer or an officer 
of the Army National Guard as assistant to the chief of staff, of any 
division of the Army National Guard that is in Federal service as an 
Army National Guard organization.
    ``(b) The President may detail a regular or reserve officer of the 
Air Force as chief of staff, and a regular or reserve officer or an 
officer of the Air National Guard as assistant to the chief of staff, 
of any wing of the Air National Guard that is in Federal service as an 
Air National Guard organization.

        ``CHAPTER 1215--MISCELLANEOUS PROHIBITIONS AND PENALTIES

                        ``[No present sections]

           ``CHAPTER 1217--MISCELLANEOUS RIGHTS AND BENEFITS

``Sec.
``12601. Compensation: Reserve on active duty accepting from any 
                            person.
``12602. Members of Army National Guard of United States and Air 
                            National Guard of United States: credit for 
                            service as members of National Guard.
``Sec. 12601. Compensation: Reserve on active duty accepting from any 
              person
    ``Any Reserve who, before being ordered to active duty, was 
receiving compensation from any person may, while he is on that duty, 
receive compensation from that person.
``Sec. 12602. Members of Army National Guard of United States and Air 
              National Guard of United States: credit for service as 
              members of National Guard
    ``(a) For the purposes of laws providing benefits for members of 
the Army National Guard of the United States and their dependents and 
beneficiaries--
            ``(1) military training, duty, or other service performed 
        by a member of the Army National Guard of the United States in 
        his status as a member of the Army National Guard for which he 
        is entitled to pay from the United States shall be considered 
        military training, duty, or other service, as the case may be, 
        in Federal service as a Reserve of the Army;
            ``(2) full-time National Guard duty performed by a member 
        of the Army National Guard of the United States shall be 
        considered active duty in Federal service as a Reserve of the 
        Army; and
            ``(3) inactive-duty training performed by a member of the 
        Army National Guard of the United States in his status as a 
        member of the Army National Guard, in accordance with 
        regulations prescribed under section 502 of title 32 or other 
        express provision of law, shall be considered inactive-duty 
        training in Federal service as a Reserve of the Army.
    ``(b) For the purposes of laws providing benefits for members of 
the Air National Guard of the United States and their dependents and 
beneficiaries--
            ``(1) military training, duty, or other service performed 
        by a member of the Air National Guard of the United States in 
        his status as a member of the Air National Guard for which he 
        is entitled to pay from the United States shall be considered 
        military training, duty, or other service, as the case may be, 
        in Federal service as a Reserve of the Air Force;
            ``(2) full-time National Guard duty performed by a member 
        of the Air National Guard of the United States shall be 
        considered active duty in Federal service as a Reserve of the 
        Air Force; and
            ``(3) inactive-duty training performed by a member of the 
        Air National Guard of the United States in his status as a 
        member of the Air National Guard, in accordance with 
        regulations prescribed under section 502 of title 32 or other 
        express provision of law, shall be considered inactive-duty 
        training in Federal service as a Reserve of the Air Force.''.
    (2) Sections 715, 1033, 3542, 3686, 8542, and 8686 are repealed.
    (h) Standards and Procedures for Retention and Promotion.--(1) Part 
II of subtitle E, as added by subsection (a), is further amended by 
adding after chapter 1217 (as added by subsection (g)) the following:

  ``CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

``Sec.
``12641. Standards and procedures: Secretary to prescribe.
``12642. Standards and qualifications: result of failure to comply 
                            with.
``12643. Boards for appointment, promotion, and certain other purposes: 
                            composition.
``12644. Members physically not qualified for active duty: discharge or 
                            transfer to retired status.
``12645. Commissioned officers: retention until completion of required 
                            service.
``12646. Commissioned officers: retention of after completing 18 or 
                            more, but less than 20, years of service.
``12647. Commissioned officers: retention in active status while 
                            assigned to Selective Service System or 
                            serving as United States property and 
                            fiscal officers.''.
    (2) Sections 1001, 1002, 266, 1004 (as amended by section 
1361(b)(4)), and 1005 through 1007 are transferred (in that order) to 
chapter 1219, as added by paragraph (1), inserted after the table of 
sections, and redesignated as follows:

  
                                                           Redesignated
Section
                                                            section    
        1001.........................................       12641      
        1002.........................................       12642      
        266..........................................       12643      
        1004.........................................       12644      
        1005.........................................       12645      
        1006.........................................       12646      
        1007.........................................       12647      
    (3) Section 1003 is repealed.
    (4)(A) The heading of section 12641 (as so redesignated) is amended 
to read as follows:
``Sec. 12641. Standards and procedures: Secretary to prescribe''.
    (B) The heading of section 12644 (as so redesignated) is amended to 
read as follows:
``Sec. 12644. Members physically not qualified for active duty: 
              discharge or transfer to retired status''.
    (5) Chapter 51 is amended by striking out the table of sections at 
the beginning and inserting in lieu thereof the following:

``Sec.
``1001. Reference to chapter 1219.
``Sec. 1001. Reference to chapter 1219
    ``Provisions of law relating to standards and procedures for 
retention and promotion of members of reserve components are set forth 
in chapter 1219 of this title (beginning with section 12641).''.
    (i) Separation.--(1) Part II of subtitle E, as added by subsection 
(a), is further amended by adding after chapter 1219 (as added by 
subsection (h)) the following:

                       ``CHAPTER 1221--SEPARATION

``Sec.
``12681. Reserves: discharge authority.
``12682. Reserves: discharge upon becoming ordained minister of 
                            religion.
``12683. Reserve officers: limitation on involuntary separation.
``12684. Reserves: separation for absence without authority or sentence 
                            to imprisonment.
``12685. Reserves separated for cause: character of discharge.
``12686. Reserves on active duty within two years of retirement 
                            eligibility: limitation on release from 
                            active duty.
``Sec. 12681. Reserves: discharge authority
    ``Subject to other provisions of this title, reserve commissioned 
officers may be discharged at the pleasure of the President. Other 
Reserves may be discharged under regulations prescribed by the 
Secretary concerned.
``Sec. 12682. Reserves: discharge upon becoming ordained minister of 
              religion
    ``Under regulations to be prescribed by the Secretary of Defense, a 
Reserve who becomes a regular or ordained minister of religion is 
entitled upon his request to a discharge from his reserve enlistment or 
appointment.
``Sec. 12683. Reserve officers: limitation on involuntary separation
    ``(a) An officer of a reserve component who has at least five years 
of service as a commissioned officer may not be separated from that 
component without his consent except--
            ``(1) under an approved recommendation of a board of 
        officers convened by an authority designated by the Secretary 
        concerned; or
            ``(2) by the approved sentence of a court- martial.
    ``(b) Subsection (a) does not apply--
            ``(1) to a separation under section 12684, 14901, or 14907 
        of this title;
            ``(2) to a dismissal under section 1161(a) of this title; 
        or
            ``(3) to a transfer under section 12213, 12214, 14514, or 
        14515 of this title.
``Sec. 12684. Reserves: separation for absence without authority or 
              sentence to imprisonment
    ``The President or the Secretary concerned may drop from the rolls 
of the armed force concerned any Reserve--
            ``(1) who has been absent without authority for at least 
        three months; or
            ``(2) who is sentenced to confinement in a Federal or State 
        penitentiary or correctional institution after having been 
        found guilty of an offense by a court other than a court-
        martial or other military court, and whose sentence has become 
        final.
``Sec. 12685. Reserves separated for cause: character of discharge
    ``A member of a reserve component who is separated for cause, 
except under section 12684 of this title, is entitled to a discharge 
under honorable conditions unless--
            ``(1) the member is discharged under conditions other than 
        honorable under an approved sentence of a court-martial or 
        under the approved findings of a board of officers convened by 
        an authority designated by the Secretary concerned; or
            ``(2) the member consents to a discharge under conditions 
        other than honorable with a waiver of proceedings of a court-
        martial or a board.
``Sec. 12686. Reserves on active duty within two years of retirement 
              eligibility: limitation on release from active duty
    ``Under regulations to be prescribed by the Secretary concerned, 
which shall be as uniform as practicable, a member of a reserve 
component who is on active duty (other than for training) and is within 
two years of becoming eligible for retired pay or retainer pay under a 
purely military retirement system, may not be involuntarily released 
from that duty before he becomes eligible for that pay, unless the 
release is approved by the Secretary.''.
    (2) Sections 1162 and 1163 are repealed.
    (j) Retired Pay.--(1) Chapter 67 is transferred to part II of 
subtitle E, as added by subsection (a), inserted after chapter 1221 (as 
added by subsection (i)), and amended to read as follows:

          ``CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE

``Sec.
``12731. Age and service requirements.
``12731a. Temporary special retirement qualification authority.
``12732. Entitlement to retired pay: computation of years of service.
``12733. Computation of retired pay: computation of years of service.
``12734. Time not creditable toward years of service.
``12735. Inactive status list.
``12736. Service credited for retired pay benefits not excluded for 
                            other benefits.
``12737. Limitation on active duty.
``12738. Limitations on revocation of retired pay.
``12739. Computation of retired pay.
``Sec. 12731. Age and service requirements
    ``(a) Except as provided in subsection (c), a person is entitled, 
upon application, to retired pay computed under section 12739 of this 
title, if the person--
            ``(1) is at least 60 years of age;
            ``(2) has performed at least 20 years of service computed 
        under section 12732 of this title;
            ``(3) performed the last eight years of qualifying service 
        while a member of any category named in section 12732(a)(1) of 
        this title, but not while a member of a regular component, the 
        Fleet Reserve, or the Fleet Marine Corps Reserve; and
            ``(4) is not entitled, under any other provision of law, to 
        retired pay from an armed force or retainer pay as a member of 
        the Fleet Reserve or the Fleet Marine Corps Reserve.
    ``(b) Application for retired pay under this section must be made 
to the Secretary of the military department, or the Secretary of 
Transportation, as the case may be, having jurisdiction at the time of 
application over the armed force in which the applicant is serving or 
last served.
    ``(c)(1) A person who, before August 16, 1945, was a Reserve of an 
armed force, or a member of the Army without component or other 
category covered by section 12732(a)(1) of this title except a regular 
component, is not eligible for retired pay under this chapter unless--
            ``(A) the person performed active duty during World War I 
        or World War II; or
            ``(B) the person performed active duty (other than for 
        training) during the Korean conflict, the Berlin crisis, or the 
        Vietnam era.
    ``(2) In this subsection:
            ``(A) The term `World War I' means the period beginning on 
        April 6, 1917, and ending on November 11, 1918.
            ``(B) The term `World War II' means the period beginning on 
        September 9, 1940, and ending on December 31, 1946.
            ``(C) The term `Korean conflict' means the period beginning 
        on June 27, 1950, and ending on July 27, 1953.
            ``(D) The term `Berlin crisis' means the period beginning 
        on August 14, 1961, and ending on May 30, 1963.
            ``(E) The term `Vietnam era' means the period beginning on 
        August 5, 1964, and ending on March 27, 1973.
    ``(d) The Secretary concerned shall notify each person who has 
completed the years of service required for eligibility for retired pay 
under this chapter. The notice shall be sent, in writing, to the person 
concerned within one year after the person completes that service. The 
notice shall include notice of the elections available to such person 
under the Survivor Benefit Plan established under subchapter II of 
chapter 73 of this title and the Supplemental Survivor Benefit Plan 
established under subchapter III of that chapter, and the effects of 
such elections.
    ``(e) Notwithstanding section 8301 of title 5, the date of 
entitlement to retired pay under this section shall be the date on 
which the requirements of subsection (a) have been completed.
``Sec. 12731a. Temporary special retirement qualification authority
    ``(a) Retirement With At Least 15 Years of Service.--For the 
purposes of section 12731 of this title, the Secretary concerned may--
            ``(1) during the period described in subsection (b), 
        determine to treat a member of the Selected Reserve of a 
        reserve component of the armed force under the jurisdiction of 
        that Secretary as having met the service requirements of 
        subsection (a)(2) of that section and provide the member with 
        the notification required by subsection (d) of that section if 
        the member--
                    ``(A) as of October 1, 1991, has completed at least 
                15, and less than 20, years of service computed under 
                section 12732 of this title; or
                    ``(B) after that date and before October 1, 1999, 
                completes 15 years of service computed under that 
                section; and
            ``(2) upon the request of the member submitted to the 
        Secretary, transfer the member to the Retired Reserve.
    ``(b) Period of Authority.--The period referred to in subsection 
(a)(1) is the period beginning on October 23, 1992, and ending on 
October 1, 1999.
    ``(c) Applicability Subject to Needs of the Service.--(1) The 
Secretary concerned may limit the applicability of subsection (a) to 
any category of personnel defined by the Secretary in order to meet a 
need of the armed force under the jurisdiction of the Secretary to 
reduce the number of members in certain grades, the number of members 
who have completed a certain number of years of service, or the number 
of members who possess certain military skills or are serving in 
designated competitive categories.
    ``(2) A limitation under paragraph (1) shall be consistent with the 
purpose set forth in section 4414(a) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2713).
    ``(d) Exclusion.--This section does not apply to persons referred 
to in section 12731(c) of this title.
    ``(e) Regulations.--The authority provided in this section shall be 
subject to regulations prescribed by the Secretary of Defense and by 
the Secretary of Transportation with respect to the Coast Guard.
``Sec. 12732. Entitlement to retired pay: computation of years of 
              service
    ``(a) Except as provided in subsection (b), for the purpose of 
determining whether a person is entitled to retired pay under section 
12731 of this title, the person's years of service are computed by 
adding the following:
            ``(1) The person's years of service, before July 1, 1949, 
        in the following:
                    ``(A) The armed forces.
                    ``(B) The federally recognized National Guard 
                before June 15, 1933.
                    ``(C) A federally recognized status in the National 
                Guard before June 15, 1933.
                    ``(D) The National Guard after June 14, 1933, if 
                his service therein was continuous from the date of his 
                enlistment in the National Guard, or his Federal 
                recognition as an officer therein, to the date of his 
                enlistment or appointment, as the case may be, in the 
                National Guard of the United States, the Army National 
                Guard of the United States, or the Air National Guard 
                of the United States.
                    ``(E) The Naval Reserve Force.
                    ``(F) The Naval Militia that conformed to the 
                standards prescribed by the Secretary of the Navy.
                    ``(G) The National Naval Volunteers.
                    ``(H) The Army Nurse Corps, the Navy Nurse Corps, 
                the Nurse Corps Reserve of the Army, or the Nurse Corps 
                Reserve of the Navy, as it existed at any time after 
                February 2, 1901.
                    ``(I) The Army under an appointment under the Act 
                of December 22, 1942 (ch. 805, 56 Stat. 1072).
                    ``(J) An active full-time status, except as a 
                student or apprentice, with the Medical Department of 
                the Army as a civilian employee--
                            ``(i) in the dietetic or physical therapy 
                        categories, if the service was performed after 
                        April 6, 1917, and before April 1, 1943; or
                            ``(ii) in the occupational therapy 
                        category, if the service was performed before 
                        appointment in the Army Nurse Corps or the 
                        Women's Medical Specialist Corps and before 
                        January 1, 1949, or before appointment in the 
                        Air Force before January 1, 1949, with a view 
                        to designation as an Air Force nurse or medical 
                        specialist.
            ``(2) Each one-year period, after July 1, 1949, in which 
        the person has been credited with at least 50 points on the 
        following basis:
                    ``(A) One point for each day of--
                            ``(i) active service; or
                            ``(ii) full-time service under sections 
                        316, 502, 503, 504, and 505 of title 32 while 
                        performing annual training duty or while 
                        attending a prescribed course of instruction at 
                        a school designated as a service school by law 
                        or by the Secretary concerned;
                if that service conformed to required standards and 
                qualifications.
                    ``(B) One point for each attendance at a drill or 
                period of equivalent instruction that was prescribed 
                for that year by the Secretary concerned and conformed 
                to the requirements prescribed by law, including 
                attendance under section 502 of title 32.
                    ``(C) Points at the rate of 15 a year for 
                membership--
                            ``(i) in a reserve component of an armed 
                        force,
                            ``(ii) in the Army or the Air Force without 
                        component, or
                            ``(iii) in any other category covered by 
                        subsection (a)(1) except a regular component.
        For the purpose of clauses (A), (B), and (C), service in the 
        National Guard shall be treated as if it were service in a 
        reserve component, if the person concerned was later appointed 
        in the National Guard of the United States, the Army National 
        Guard of the United States, the Air National Guard of the 
        United States, or as a Reserve of the Army or the Air Force, 
        and served continuously in the National Guard from the date of 
        his Federal recognition to the date of that appointment.
            ``(3) The person's years of active service in the 
        Commissioned Corps of the Public Health Service.
            ``(4) The person's years of active commissioned service in 
        the National Oceanic and Atmospheric Administration (including 
        active commissioned service in the Environmental Science 
        Services Administration and in the Coast and Geodetic Survey).
    ``(b) The following service may not be counted under subsection 
(a):
            ``(1) Service (other than active service) in an inactive 
        section of the Organized Reserve Corps or of the Army Reserve, 
        or in an inactive section of the officers' section of the Air 
        Force Reserve.
            ``(2) Service (other than active service) after June 30, 
        1949, while on the Honorary Retired List of the Naval Reserve 
        or of the Marine Corps Reserve.
            ``(3) Service in the inactive National Guard.
            ``(4) Service in a non-federally recognized status in the 
        National Guard.
            ``(5) Service in the Fleet Reserve or the Fleet Marine 
        Corps Reserve.
            ``(6) Service as an inactive Reserve nurse of the Army 
        Nurse Corps established by the Act of February 2, 1901 (ch. 
        192, 31 Stat. 753), as amended, and service before July 1, 
        1938, as an inactive Reserve nurse of the Navy Nurse Corps 
        established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146).
            ``(7) Service in any status other than that as commissioned 
        officer, warrant officer, nurse, flight officer, aviation 
        midshipman, appointed aviation cadet, or enlisted member, and 
        that described in clauses (I) and (J) of subsection (a)(1).
``Sec. 12733. Computation of retired pay: computation of years of 
              service
    ``For the purpose of computing the retired pay of a person under 
this chapter, the person's years of service and any fraction of such a 
year are computed by dividing 360 into the sum of the following:
            ``(1) The person's days of active service.
            ``(2) The person's days of full-time service under sections 
        316, 502, 503, 504, and 505 of title 32 while performing annual 
        training duty or while attending a prescribed course of 
        instruction at a school designated as a service school by law 
        or by the Secretary concerned.
            ``(3) One day for each point credited to the person under 
        clause (B) or (C) of section 12732(a)(2) of this title, but not 
        more than 60 days in any one year.
            ``(4) 50 days for each year before July 1, 1949, and 
        proportionately for each fraction of a year, of service (other 
        than active service) in a reserve component of an armed force, 
        in the Army or the Air Force without component, or in any other 
        category covered by section 12732(a)(1) of this title, except a 
        regular component.
``Sec. 12734. Time not creditable toward years of service
    ``(a) Service in an inactive status may not be counted in any 
computation of years of service under this chapter.
    ``(b) Time spent after retirement (without pay) for failure to 
conform to standards and qualifications prescribed under section 12641 
of this title may not be credited in a computation of years of service 
under this chapter.
``Sec. 12735. Inactive status list
    ``(a) A member who would be eligible for retired pay under this 
chapter but for the fact that that member is under 60 years of age may 
be transferred, at his request and by direction of the Secretary 
concerned, to such inactive status list as may be established for 
members of his armed force, other than members of a regular component.
    ``(b) While on an inactive status list under subsection (a), a 
member is not required to participate in any training or other program 
prescribed for his component.
    ``(c) The Secretary may at any time recall to active status a 
member who is on an inactive status list under subsection (a).
``Sec. 12736. Service credited for retired pay benefits not excluded 
              for other benefits
    ``No period of service included wholly or partly in determining a 
person's right to, or the amount of, retired pay under this chapter may 
be excluded in determining his eligibility for any annuity, pension, or 
old-age benefit, under any other law, on account of civilian employment 
by the United States or otherwise, or in determining the amount payable 
under that law, if that service is otherwise properly credited under 
it.
``Sec. 12737. Limitation on active duty
    ``A member of the armed forces may not be ordered to active duty 
solely for the purpose of qualifying the member for retired pay under 
this chapter.
``Sec. 12738. Limitations on revocation of retired pay
    ``(a) After a person is granted retired pay under this chapter, or 
is notified in accordance with section 12731(d) of this title that the 
person has completed the years of service required for eligibility for 
retired pay under this chapter, the person's eligibility for retired 
pay may not be denied or revoked on the basis of any error, 
miscalculation, misinformation, or administrative determination of 
years of service performed as required by section 12731(a)(2) of this 
title, unless it resulted directly from the fraud or misrepresentation 
of the person.
    ``(b) The number of years of creditable service upon which retired 
pay is computed may be adjusted to correct any error, miscalculation, 
misinformation, or administrative determination and when such a 
correction is made the person is entitled to retired pay in accordance 
with the number of years of creditable service, as corrected, from the 
date the person is granted retired pay.
``Sec. 12739. Computation of retired pay
    ``(a) The monthly retired pay of a person entitled to that pay 
under this chapter is the product of--
            ``(1) the retired pay base for that person as computed 
        under section 1406(b)(2) or 1407 of this title; and
            ``(2) 2\1/2\ percent of the years of service credited to 
        that person under section 12733 of this title.
    ``(b) The amount computed under subsection (a) may not exceed 75 
percent of the retired pay base upon which the computation is based.
    ``(c) Amounts computed under this section, if not a multiple of $1, 
shall be rounded down to the next lower multiple of $1.''.
    (2) Section 1401(a) is amended by striking out formula number 3 in 
the table set forth in that section.
    (3) Section 1405(a)(3) is amended by striking out ``section 1333'' 
and ``section 1331'' and inserting in lieu thereof ``section 12733'' 
and ``section 12731'', respectively.
    (4) Section 1406(b) is amended--
            (A) by striking out the matter preceding the table and 
        inserting in lieu thereof the following:
    ``(b) Retirement Under Subtitle A or E.--
            ``(1) Disability, warrant officer, and dopma retirement.--
        In the case of a person whose retired pay is computed under 
        this subtitle, the retired pay base is determined in accordance 
        with the following table.'';
            (B) in the table--
                    (i) by striking out the entry relating to section 
                1331 (including the matter relating to that entry in 
                the column under the heading ``The retired pay base 
                is:''); and
                    (ii) by redesignating the references to footnotes 3 
                and 4 so as to refer to footnotes 2 and 3, 
                respectively;
            (C) by striking out footnote 2 to the table and 
        redesignating footnotes 3 and 4 as footnotes 2 and 3, 
        respectively; and
            (D) by adding at the end the following:
            ``(2) Non-regular service retirement.--In the case of a 
        person who is entitled to retired pay under section 12731 of 
        this title, the retired pay base is the monthly basic pay, 
        determined at the rates applicable on the date when retired pay 
        is granted, of the highest grade held satisfactorily by the 
        person at any time in the armed forces. For purposes of the 
        preceding sentence, the highest grade in which a person served 
        satisfactorily as an officer shall be determined in accordance 
        with section 1370(d) of this title.''.
    (5) Section 1407 is amended--
            (A) in subsection (c)(2)(B), by striking out ``chapter 67'' 
        and inserting in lieu thereof ``chapter 1223''; and
            (B) in subsection (f)(2)--
                    (i) by striking out ``Chapter 67'' in the heading 
                and inserting in lieu thereof ``Chapter 1223''; and
                    (ii) by striking out ``section 1331'' and inserting 
                in lieu thereof ``section 12731''.
    (6) Section 1409(a)(1)(B) is amended by striking out ``chapter 67'' 
and inserting in lieu thereof ``chapter 1223''.
    (7) Part II of subtitle A is amended by inserting after chapter 65 
the following:

            ``CHAPTER 67--RETIRED PAY FOR NONREGULAR SERVICE

``Sec.
``1331. Reference to chapter 1223.
``Sec. 1331. Reference to chapter 1223
    ``Provisions of law relating to retired pay for nonregular service 
are set forth in chapter 1223 of this title (beginning with section 
12731).''.
    (8) Section 6034 is repealed.
    (k) Retired Grade.--(1) Part II of subtitle E, as added by 
subsection (a), is further amended by adding after chapter 1223 (as 
added by subsection (j)) the following:

                     ``CHAPTER 1225--RETIRED GRADE

``Sec.
``12771. Reserve officers: grade on transfer to Retired Reserve.
``12772. Reserve commissioned officers who have served as Attending 
                            Physician to the Congress: grade on 
                            transfer to Retired Reserve.
``12773. Limitation on accrual of increased pay or benefits.
``12774. Retired lists.
``Sec. 12771. Reserve officers: grade on transfer to Retired Reserve
    ``Unless entitled to a higher grade under another provision of law, 
a reserve commissioned officer, other than a commissioned warrant 
officer, who is transferred to the Retired Reserve is entitled to be 
placed on the retired list established by section 12774(a) of this 
title in the highest grade in which he served satisfactorily, as 
determined by the Secretary concerned and in accordance with section 
1370(d), in the armed force in which he is serving on the date of 
transfer.
``Sec. 12772. Reserve commissioned officers who have served as 
              Attending Physician to the Congress: grade on transfer to 
              Retired Reserve
    ``Unless entitled to a higher grade under another provision of law, 
a reserve commissioned officer who is transferred to the Retired 
Reserve after having served in the position of Attending Physician to 
the Congress is entitled to be placed on the retired list established 
by section 12774(a) of this title in the grade held by the officer 
while serving in that position.
``Sec. 12773. Limitation on accrual of increased pay or benefits
    ``Unless otherwise provided by law, no person is entitled to 
increased pay or other benefits because of sections 12771 and 12772 of 
this title.
``Sec. 12774.  Retired lists
    ``(a) Under regulations prescribed by the Secretary concerned, 
there shall be maintained retired lists containing the names of the 
Reserves of the armed forces under the Secretary's jurisdiction who are 
in the Retired Reserve.
    ``(b) The Secretary of the Navy shall maintain a United States 
Naval Reserve Retired List containing the names of members of the Naval 
Reserve and the Marine Corps Reserve entitled to retired pay.''.
    (2) Sections 1374 and 6017 are repealed.
    (3)(A) Section 1376 is amended--
            (i) by striking out subsection (a); and
            (ii) by striking out ``(b)'' before ``The Secretary 
        concerned''.
    (B) The heading of that section is amended to read as follows:
``Sec. 1376. Temporary disability retired lists''.

SEC. 1363. LAWS RELATING TO RESERVE COMPONENT TRAINING AND EDUCATIONAL 
              ASSISTANCE PROGRAMS.

    (a) Training Generally.--Subtitle E, as added by section 1311, is 
amended by adding after part III of such subtitle (as added by that 
section) the following:

 ``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS

``Chap.                                                            Sec.
``1601. Training Generally...........................       [No present
  
                                                              sections]
``1606. Educational Assistance for Members of the Selected        16131
                            Reserve.
``1608. Health Professions Stipend Program..................      16201
``1609. Education Loan Repayments...........................      16301

                   ``CHAPTER 1601--TRAINING GENERALLY

                       ``[No present sections]''.

    (b) Montgomery GI Bill for Selected Reserve.--(1) Part IV of 
subtitle E (as added by subsection (a)) is amended by adding at the end 
the following:

  ``CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED 
                                RESERVE

``Sec.
``16131. Educational assistance program: establishment; amount.
``16132. Eligibility for educational assistance.
``16133. Time limitations for use of entitlement.
``16134. Termination of assistance.
``16135. Failure to participate satisfactorily; penalties.
``16136. Administration of program.
``16137. Reports to Congress.''.
    (2) Sections 2131 through 2137 are transferred to chapter 1606, as 
added by paragraph (1), inserted after the table of sections, and 
redesignated as follows:

  
                                                           Redesignated
Section
                                                            section    
        2131.........................................       16131      
        2132.........................................       16132      
        2133.........................................       16133      
        2134.........................................       16134      
        2135.........................................       16135      
        2136.........................................       16136      
        2137.........................................       16137      
    (3) Section 16131 (as so redesignated) is amended--
            (A) in subsection (c)(3)(B)(i), by striking out ``section 
        672 (a), (d), or (g), 673, or 673b'' and inserting in lieu 
        thereof ``section 12301(a), 12301(d), 12301(g), 12302, or 
        12304''; and
            (B) in subsection (g)(1), by striking out ``section 
        2136(c)'' and inserting in lieu thereof ``section 16136(c)''.
    (4) Section 16132 (as so redesignated) is amended--
            (A) in subsection (a), by striking out ``section 2131'' and 
        inserting in lieu thereof ``section 16131''; and
            (B) in subsection (c), by striking out ``sections 2134 and 
        2135'' and inserting in lieu thereof ``section 16134 and 
        16135''.
    (5) Section 16133 (as so redesignated) is amended--
            (A) in subsection (b)(1)(B), by striking out ``section 
        268(b)'' and inserting in lieu thereof ``section 10143(a)''; 
        and
            (B) in subsection (b)(4)(A), by striking out ``section 672 
        (a), (d), or (g), 673, or 673b'' and inserting in lieu thereof 
        ``section 12301(a), 12301(d), 12301(g), 12302, or 12304''.
    (6) Section 16135 (as so redesignated) is amended--
            (A) by striking out ``section 2132'' in subsection 
        (a)(1)(A) and inserting in lieu thereof ``section 16132''; and
            (B) by striking out ``section 2132(a)'' in subsection 
        (b)(1)(A) and inserting in lieu thereof ``section 16132(a)''.
    (7) Chapter 106 is amended by striking out the table of sections at 
the beginning and inserting in lieu thereof the following:

``Sec.
``2131. Reference to chapter 1606.
``2138. Savings provision.
``Sec. 2131. Reference to chapter 1606
    ``Provisions of law relating to educational assistance for members 
of the Selected Reserve under the Montgomery GI Bill program are set 
forth in chapter 1606 of this title (beginning with section 16131).''.
    (c) Health Professions Stipend Program.--(1) Part IV of subtitle E 
(as added by subsection (a)) is amended by adding after chapter 1606 
(as added by subsection (b)) the following:

           ``CHAPTER 1608--HEALTH PROFESSIONS STIPEND PROGRAM

``Sec.
``16201. Financial assistance: health-care professionals in reserve 
                            components.
``16202. Reserve service: required active duty for training.
``16203. Penalties and limitations.
``16204. Regulations.
``Sec. 16204. Regulations
    ``This chapter shall be administered under regulations prescribed 
by the Secretary of Defense.''.
    (2) Section 2128 is transferred to chapter 1608, as added by 
paragraph (1), inserted after the table of sections, redesignated as 
section 16201, and amended by striking out subsection (f).
    (3) Section 2129 is transferred to chapter 1608, as added by 
paragraph (1), inserted after section 16201 (as transferred and 
redesignated by paragraph (2)), and redesignated as section 16202.
    (4)(A) Section 2130 is transferred to chapter 1608, as added by 
paragraph (1), inserted after section 16202 (as transferred and 
redesignated by paragraph (3)), redesignated as section 16203, and 
amended by striking out subsection (c).
    (B) The heading of that section is amended to read as follows:
``Sec. 16203. Penalties and limitations''.
    (5) Section 16201, as so redesignated, is amended by striking out 
``subchapter'' each place it appears and inserting in lieu thereof 
``chapter''.
    (6) Section 16202, as so redesignated, is amended by striking out 
``section 2128'' both places it appears and inserting in lieu thereof 
``section 16201''.
    (7) Chapter 105 is amended--
            (A) in the table of subchapters before subchapter I--
                    (i) by striking out the item relating to subchapter 
                II; and
                    (ii) by redesignating the item relating to 
                subchapter III so as to refer to subchapter II;
            (B) by striking out the heading for subchapter II and the 
        table of sections following that heading; and
            (C) by redesignating subchapter III as subchapter II.
    (d) Education Loan Repayment Programs.--(1) Part IV of subtitle E 
(as added by subsection (a)) is amended by adding after chapter 1608 
(as added by subsection (c) the following:

           ``CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS

``Sec.
``16301. Education loan repayment program: enlisted members of Selected 
                            Reserve with critical specialties.
``16302. Education loan repayment program: health professions officers 
                            serving in Selected Reserve with wartime 
                            critical medical skill shortages.
``Sec. 16301. Education loan repayment program: enlisted members of 
              Selected Reserve with critical specialties
    ``(a)(1) Subject to the provisions of this section, the Secretary 
of Defense may repay--
            ``(A) any loan made, insured, or guaranteed under part B of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et 
        seq.); or
            ``(B) any loan made under part E of such title (20 U.S.C. 
        1087aa et seq.).
Repayment of any such loan shall be made on the basis of each complete 
year of service performed by the borrower.
    ``(2) The Secretary may repay loans described in paragraph (1) in 
the case of any person for service performed as an enlisted member of 
the Selected Reserve of the Ready Reserve of an armed force in a 
reserve component and military specialty specified by the Secretary of 
Defense. The Secretary may repay such a loan only if the person to whom 
the loan was made performed such service after the loan was made.
    ``(b) The portion or amount of a loan that may be repaid under 
subsection (a) is 15 percent or $500, whichever is greater, for each 
year of service.
    ``(c) If a portion of a loan is repaid under this section for any 
year, interest on the remainder of the loan shall accrue and be paid in 
the same manner as is otherwise required.
    ``(d) Nothing in this section shall be construed to authorize 
refunding any repayment of a loan.
    ``(e) A person who transfers from service making the person 
eligible for repayment of loans under this section (as described in 
subsection (a)(2)) to service making the person eligible for repayment 
of loans under section 2171 of this title (as described in subsection 
(a)(2) of that section) during a year shall be eligible to have repaid 
a portion of such loan determined by giving appropriate fractional 
credit for each portion of the year so served, in accordance with 
regulations of the Secretary concerned.
    ``(f) The Secretary of Defense shall, by regulation, prescribe a 
schedule for the allocation of funds made available to carry out the 
provisions of this section and section 2171 of this title during any 
year for which funds are not sufficient to pay the sum of the amounts 
eligible for repayment under subsection (a) and section 2171(a) of this 
title.''.
    (2)(A) Section 2172 is transferred to the end of chapter 1609, as 
added by paragraph (1), and redesignated as section 16302.
    (B) The heading of such section is amended to read as follows:
``Sec. 16302. Education loan repayment program: health professions 
              officers serving in Selected Reserve with wartime 
              critical medical skill shortages''.
    (e) Conforming Amendments.--Section 2171 is amended as follows:
            (1) Subsection (a)(1)(B) is amended by striking out ``or'' 
        after ``(B)''.
            (2) Subsection (a)(2) is amended--
                    (A) in the first sentence, by striking out ``person 
                for--'' and all that follows through ``(B) service 
                performed'' and inserting in lieu thereof ``person for 
                service performed''; and
                    (B) by striking out the second sentence.
            (3) Subsection (b) is amended to read as follows:
    ``(b) The portion or amount of a loan that may be repaid under 
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for 
each year of service.''.
            (4) Subsection (e) is amended by striking out ``Any 
        individual who transfers from service described in clause (A) 
        or (B) of subsection (a)(2) to service described in the other 
        clause of such subsection'' and inserting in lieu thereof ``A 
        person who transfers from service making the person eligible 
        for repayment of loans under this section (as described in 
        subsection (a)(2)) to service making the person eligible for 
        repayment of loans under section 16301 of this title (as 
        described in subsection (a)(2) of that section)''.
            (5) Subsection (f) is amended--
                    (A) by inserting ``and section 16301 of this 
                title'' after ``this section''; and
                    (B) by inserting ``and section 16301(a) of this 
                title'' after ``subsection (a)''.
            (6) The heading of such section is amended to read as 
        follows:
``Sec. 2171. Education loan repayment program: enlisted members on 
              active duty in specified military specialties''.

SEC. 1364. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT AND 
              EQUIPMENT.

    (a) Addition of New Part.--(1) Subtitle E, as added by section 
1311, is amended by adding after part IV of such subtitle (as added by 
section 1363) the following:

               ``PART V--SERVICE, SUPPLY, AND PROCUREMENT

``Chap.                                                            Sec.
``1801. Issue of Serviceable Material to Reserve            [No present
Components.
  
                                                              sections]
``1803. Facilities for Reserve Components...................      18231
``1805. Miscellaneous Provisions............................      18501

  ``CHAPTER 1801--ISSUE OF SERVICEABLE MATERIAL TO RESERVE COMPONENTS

                       ``[No present sections]''.

    (b) Facilities for Reserve Components.--(1) Chapter 133 is 
transferred to the end of part V of subtitle E, as added by subsection 
(a), and redesignated as chapter 1803.
    (2) The sections of that chapter are redesignated as follows:

  
                                                           Redesignated
Section
                                                            section    
        2231.........................................       18231      
        2232.........................................       18232      
        2233.........................................       18233      
        2233a........................................      18233a      
        2234.........................................       18234      
        2235.........................................       18235      
        2236.........................................       18236      
        2237.........................................       18237      
        2238.........................................       18238      
        2239.........................................       18239      
    (3) The items in the table of sections at the beginning of such 
chapter are revised to reflect the redesignations made by paragraph 
(2).
    (4) Section 18233 (as redesignated by paragraph (2)) is amended by 
striking out ``sections 2233a, 2234, 2235, 2236, and 2238'' in 
subsection (a) and inserting in lieu thereof ``sections 18233a, 18234, 
18235, 18236, and 18238''.
    (5) Section 18233a (as redesignated by paragraph (2)) is amended--
            (A) in subsection (a), by striking out ``section 2233'' and 
        inserting in lieu thereof ``section 18233''; and
            (B) in subsection (b), by striking out ``section 2233(a)'' 
        and inserting in lieu thereof ``section 18233(a)''.
    (6) Section 18234 (as redesignated by paragraph (2)) is amended by 
striking out ``section 2233'' and inserting in lieu thereof ``section 
18233''.
    (7) Section 18235 (as redesignated by paragraph (2)) is amended by 
striking out ``section 2233(a)(1)'' in subsection (a)(1) and inserting 
in lieu thereof ``section 18233''.
    (8) Section 18236 (as redesignated by paragraph (2)) is amended--
            (A) in subsection (a)--
                    (i) by striking out ``section 2233'' in the first 
                sentence and inserting in lieu thereof ``section 
                18233''; and
                    (ii) by striking out ``section 2233(a)(3) or (4)'' 
                in the second sentence and inserting in lieu thereof 
                ``paragraph (3) or (4) of section 18233(a)'';
            (B) in subsection (b)--
                    (i) by striking out ``clause (4) or (5) of section 
                2233(a)'' in the matter preceding paragraph (1) and 
                inserting in lieu thereof ``paragraph (4) or (5) of 
                section 18233(a)''; and
                    (ii) by striking out ``section 2233(e)'' in 
                paragraph (2) and inserting in lieu thereof ``section 
                18233(e)''; and
            (C) in subsection (c), by striking out ``section 2233'' and 
        inserting in lieu thereof ``section 18233''.
    (9) Section 18237 (as redesignated by paragraph (2)) is amended--
            (A) in subsection (a), by striking out ``section 
        2233(a)(2), (3) and (4)'' and inserting in lieu thereof 
        ``paragraph (2), (3), or (4) of section 18233(a)''; and
            (B) in subsection (b), by striking out ``section 
        2233(a)(2), (3) or (4)'' and inserting in lieu thereof 
        ``paragraph (2), (3), or (4) of section 18233(a)''.
    (10) Section 18239 (as redesignated by paragraph (2)) is amended by 
striking out ``section 2233'' both places it appears and inserting in 
lieu thereof ``section 18233''.
    (11) Part IV of subtitle A is amended by inserting after chapter 
131 the following:

            ``CHAPTER 133--FACILITIES FOR RESERVE COMPONENTS

``Sec.
``2231. Reference to chapter 1803.
``Sec. 2231. Reference to chapter 1803
    ``Provisions of law relating to facilities for reserve components 
are set forth in chapter 1803 of this title (beginning with section 
18231).''.
    (c) Miscellaneous Provisions.--(1) Part V of subtitle E, as added 
by subsection (a), is amended by adding after chapter 1803, as 
transferred by subsection (b), the following:

                ``CHAPTER 1805--MISCELLANEOUS PROVISIONS

``Sec.
``18501. Reserve components: personnel and logistic support by military 
                            departments.
``18502. Reserve components: supplies, services, and facilities.
``Sec. 18501. Reserve components: personnel and logistic support by 
              military departments
    ``The Secretary concerned is responsible for providing the 
personnel, equipment, facilities, and other general logistic support 
necessary to enable units and Reserves in the Ready Reserve of the 
reserve components under his jurisdiction to satisfy the training 
requirements and mobilization readiness requirements for those units 
and Reserves as recommended by the Secretary concerned and by the 
Chairman of the Joint Chiefs of Staff and approved by the Secretary of 
Defense, and as recommended by the Commandant of the Coast Guard and 
approved by the Secretary of Transportation when the Coast Guard is not 
operated as a service of the Navy.
``Sec. 18502. Reserve components: supplies, services, and facilities
    ``(a) The Secretary concerned shall make available to the reserve 
components under his jurisdiction the supplies, services, and 
facilities of the armed forces under his jurisdiction that he considers 
necessary to support and develop those components.
    ``(b) Whenever he finds it to be in the best interest of the United 
States, the Secretary concerned may issue supplies of the armed forces 
under his jurisdiction to the reserve components under his 
jurisdiction, without charge to the appropriations for those components 
for the cost or value of the supplies or for any related expense.
    ``(c) Whenever he finds it to be in the best interest of the United 
States, the Secretary of the Army or the Secretary of the Air Force may 
issue to the Army National Guard or the Air National Guard, as the case 
may be, supplies of the armed forces under his jurisdiction that are in 
addition to supplies issued to that National Guard under section 702 of 
title 32 or charged against its appropriations under section 106 or 107 
of title 32, without charge to the appropriations for those components 
for the cost or value of the supplies or for any related expense.
    ``(d) Supplies issued under subsection (b) or (c) may be 
repossessed or redistributed as prescribed by the Secretary 
concerned.''.
    (2) Section 2540 is repealed.

SEC. 1365. LEGISLATIVE CONSTRUCTION.

    (a) References to Transferred or Replaced Provisions.--A reference 
to a provision of title 10, United States Code, transferred or replaced 
by the provisions of sections 1361 through 1364 (including a reference 
in a regulation, order, or other law) shall be treated as referring to 
that provision as transferred or to the corresponding provision as so 
enacted by this subtitle.
    (b) Savings Provision for Regulations.--A regulation, rule, or 
order in effect under a provision of title 10, United States Code, 
replaced by a provision of that title enacted by sections 1361 through 
1364 shall continue in effect under the corresponding provision so 
enacted until repealed, amended, or superseded.
    (c) General Savings Provision.--An action taken, or a right that 
matured, under a provision of title 10, United States Code, replaced by 
a provision of that title enacted by sections 1361 through 1364 shall 
be treated as having been taken, or having matured, under the 
corresponding provision so enacted.

             Subtitle D--Technical and Clerical Amendments

SEC. 1371. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES CODE.

    (a) Table of Subtitles.--The table of subtitles preceding subtitle 
A is amended by adding at the end the following new item:

``E. Reserve Components.....................................   10001''.
    (b) Tables of Sections.--
            (1) The table of sections at the beginning of chapter 2 is 
        amended by striking out the item relating to section 115b.
            (2) The table of sections at the beginning of chapter 3 is 
        amended by striking out the item relating to section 123 and 
        inserting in lieu thereof the following:

``123. Authority to suspend officer personnel laws during war or 
                            national emergency.''.
            (3) The table of sections at the beginning of chapter 31 is 
        amended by striking out the items relating to sections 510, 
        511, 512, and 517.
            (4) The table of sections at the beginning of chapter 32 is 
        amended--
                    (A) by striking out the item relating to section 
                524; and
                    (B) by striking out ``524,'' in the item relating 
                to section 527.
            (5) The table of sections at the beginning of subchapter V 
        of chapter 36 is amended by striking out the item relating to 
        section 644.
            (6) The table of sections at the beginning of chapter 37 is 
        amended by striking out the item relating to section 652.
            (7) The table of sections at the beginning of chapter 39 is 
        amended--
                    (A) by striking out the item relating to section 
                672 and inserting in lieu thereof the following:

``672. Reference to chapter 1209.'';
                and
                    (B) by striking out the items relating to section 
                673 through 686 and section 689.
            (8) The table of sections at the beginning of chapter 41 is 
        amended by striking out the item relating to section 715.
            (9) The table of sections at the beginning of chapter 53 is 
        amended by striking out the item relating to section 1033.
            (10) The table of sections at the beginning of chapter 59 
        is amended by striking out the items relating to sections 1162 
        and 1163.
            (11) The table of sections at the beginning of chapter 69 
        is amended--
                    (A) by striking out the item relating to section 
                1374; and
                    (B) by striking out the item relating to section 
                1376 and inserting in lieu thereof the following:

``1376. Temporary disability retired lists.''.
            (12) The table of sections at the beginning of chapter 101 
        is amended by striking out the item relating to section 2001.
            (13) The table of sections at the beginning of chapter 109 
        is amended by striking out the items relating to sections 2171 
        and 2172 and inserting in lieu thereof the following:

``2171. Education loan repayment program: enlisted members on active 
                            duty in specified military specialties.''.
            (14) The table of sections at the beginning of subchapter I 
        of chapter 152 is amended by striking out the item relating to 
        section 2540.
    (c) Cross-Reference Amendments--
            (1) Section 101(a)(13) is amended by striking out ``672(a), 
        673, 673b, 673c, 688, 3500, or 8500'' and inserting in lieu 
        thereof ``688, 12301(a), 12302, 12304, 12305, or 12406''.
            (2) Section 113(c)(3) is amended by striking out ``chapters 
        51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title, 
        as far as they apply to reserve officers'' and inserting in 
        lieu thereof ``chapters 1219 and 1401 through 1411 of this 
        title ''.
            (3) Section 523(b)(1) is amended--
                    (A) in subparagraph (B), by striking out ``section 
                265'' and all that follows through ``of this title'' 
                and inserting in lieu thereof ``section 10211, 10302 
                through 10305, or 12402 of this title'';
                    (B) in subparagraph (C), by striking out ``section 
                672(d)'' and inserting in lieu thereof ``section 
                12301(d)''; and
                    (C) in subparagraph (E), by striking out ``section 
                673b'' and inserting in lieu thereof ``section 12304''.
            (4) Section 527 is amended by striking out ``524,'' in the 
        text and in the heading.
            (5) Section 641(1) is amended--
                    (A) in subparagraph (B), by striking out ``section 
                175'' and all that follows through ``of this title'' 
                and inserting in lieu thereof ``section 3038, 8038, 
                10211, 10301 through 10305, 10501, or 12402 of this 
                title'';
                    (B) in subparagraph (C), by striking out ``section 
                672(d)'' and inserting in lieu thereof ``section 
                12301(d)''; and
                    (C) in subparagraph (E), by striking out ``section 
                673b'' and inserting in lieu thereof ``section 12304''.
            (6) Sections 1201, 1202, and 1203 are each amended by 
        striking out ``section 270(b)'' and inserting in lieu thereof 
        ``section 10148(a)''.
            (7)(A) Section 1076(b)(2)(A) is amended by striking out 
        ``under chapter 67 of this title'' and inserting in lieu 
        thereof ``under chapter 1223 of this title (or under chapter 67 
        of this title as in effect before the effective date of the 
        Reserve Officer Personnel Management Act)''.
            (B) Section 1370(a)(1) is amended by striking out ``chapter 
        67'' and inserting in lieu thereof ``chapter 1223''.
            (8) Section 1482(f)(2) is amended by striking out ``section 
        1332'' and ``section 1331'' and inserting in lieu thereof 
        ``section 12732'' and ``12731'', respectively.
    (d) Survivor Benefit Plan.--Subchapter II of chapter 73 is amended 
as follows:
            (1) Section 1447(14) is amended by striking out ``chapter 
        67 of this title'' and inserting in lieu thereof ``chapter 1223 
        of this title (or under chapter 67 of this title as in effect 
        before the effective date of the Reserve Officer Personnel 
        Management Act)''.
            (2) The following provisions are amended by striking out 
        ``section 1331(d)'' and inserting in lieu thereof ``section 
        12731(d)'': sections 1447(2)(C), 1448(a)(2)(B), 1448(f)(1)(A), 
        and 1448(f)(1)(B).

SEC. 1372. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNITED STATES CODE.

    (a) Tables of Chapters.--The table of chapters at the beginning of 
subtitle B, and the table of chapters at the beginning of part II of 
that subtitle, are each amended by striking out the items relating to 
chapters 337, 361, and 363.
    (b) Tables of Sections.--
            (1) The table of sections at the beginning of chapter 305 
        is amended by striking out the item relating to section 3040.
            (2) The table of sections at the beginning of chapter 307 
        is amended by striking out the items relating to section 3076 
        through 3080 and section 3082.
            (3) The table of sections at the beginning of chapter 331 
        is amended by striking out the items relating to section 3212 
        and sections 3217 through 3225.
            (4) The table of sections at the beginning of chapter 333 
        is amended by striking out the items relating to sections 3259, 
        3260, and 3261.
            (5) The table of sections at the beginning of chapter 341 
        is amended by striking out the items relating to sections 3495 
        through 3502.
            (6) The table of sections at the beginning of chapter 343 
        is amended by striking out the items relating to sections 3541 
        and 3542.
            (7) The table of sections at the beginning of chapter 353 
        is amended by striking out the item relating to section 3686.
    (c) Cross Reference Amendments.--
            (1) Section 3038(b) is amended by striking out ``section 
        265'' and inserting in lieu thereof ``section 10211''.
            (2) Section 3961(a) is amended by striking out ``chapter 
        67'' and inserting in lieu thereof ``chapter 1223''.
            (3) Section 4342(b)(1)(B) is amended by striking out 
        ``section 1331 of this title'' and inserting in lieu thereof 
        ``section 12731 of this title (or under section 1331 of this 
        title as in effect before the effective date of the Reserve 
        Officer Personnel Management Act)''.

SEC. 1373. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED STATES CODE.

    (a) Tables of Chapters.--
            (1) The table of chapters at the beginning of subtitle C is 
        amended by striking out the items relating to chapters 519, 
        531, 541, and 549.
            (2) The table of chapters at the beginning of part I of 
        subtitle C is amended by striking out the item relating to 
        chapter 519.
            (3) The table of chapters at the beginning of part II of 
        subtitle C is amended by striking out the items relating to 
        chapters 531, 541, and 549.
    (b) Tables of Sections.--
            (1) The table of sections at the beginning of chapter 533 
        is amended by striking out the items relating to sections 5456, 
        5457, and 5458.
            (2) The table of sections at the beginning of chapter 539 
        is amended by striking out the item relating to section 5600.
            (3) The table of sections at the beginning of chapter 555 
        is amended by striking out the items relating to sections 6017 
        and 6034.
            (4) The table of sections at the beginning of chapter 573 
        is amended by striking out the items relating to sections 6391, 
        6392, 6397, 6403, and 6410.
    (c) Cross Reference Amendments.--
            (1) Section 6389(a) is amended by striking out ``section 
        1005'' and inserting in lieu thereof ``section 12645''.
            (2) Section 6954(b)(1)(B) is amended by striking out 
        ``section 1331 of this title'' and inserting in lieu thereof 
        ``section 12731 of this title (or under section 1331 of this 
        title as in effect before the effective date of the Reserve 
        Officer Personnel Management Act)''.
    (d) Repeal of Section Redundant with Section 741.--
            (1) Section 5506 is repealed.
            (2) The table of sections at the beginning of chapter 535 
        is amended by striking out the item relating to section 5506.

SEC. 1374. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED STATES CODE.

    (a) Tables of Chapters.--The table of chapters at the beginning of 
subtitle D, and the table of chapters at the beginning of part II of 
that subtitle, are each amended by striking out the items relating to 
chapters 837 and 863.
    (b) Tables of Sections.--
            (1) The table of sections at the beginning of chapter 807 
        is amended by striking out the items relating to sections 8076 
        through 8080.
            (2) The table of sections at the beginning of chapter 831 
        is amended by striking out the items relating to section 8212 
        and sections 8217 through 8225.
            (3) The table of sections at the beginning of chapter 833 
        is amended by striking out the items relating to sections 8259, 
        8260, and 8261.
            (4) The table of sections at the beginning of chapter 841 
        is amended by striking out the items relating to sections 8495 
        through 8502.
            (5) The table of sections at the beginning of chapter 843 
        is amended by striking out the items relating to sections 8541 
        and 8542.
            (6) The table of sections at the beginning of chapter 853 
        is amended by striking out the item relating to section 8686.
            (7) The table of sections at the beginning of chapter 861 
        is amended by striking out the items relating to sections 8819 
        and 8820.
    (c) Cross Reference Amendments.--
            (1) Section 8038(b) is amended by striking out ``section 
        265'' and inserting in lieu thereof ``section 10211''.
            (2) Section 8961(a) is amended by striking out ``chapter 
        67'' and inserting in lieu thereof ``chapter 1223''.
            (3) Section 9342(b)(1)(B) is amended by striking out 
        ``section 1331 of this title'' and inserting in lieu thereof 
        ``section 12731 of this title (or under section 1331 of this 
        title as in effect before the effective date of the Reserve 
        Officer Personnel Management Act)''.

SEC. 1375. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED STATES CODE.

    (a) Chapter 1203.--Section 12102 (as transferred and redesignated 
by section 1362(b)(2)) is amended by striking out ``section 3261 or 
8261'' in subsection (a) and inserting in lieu thereof ``section 
12107''.
    (b) Chapter 1205.--Sections of chapter 1205 (as transferred and 
redesignated by section 1362(c)(2)) are amended as follows:
            (1) Section 12203 is amended by striking out ``3352, or 
        8352'' in subsection (a) and inserting in lieu thereof ``12213, 
        or 12214''.
            (2) Sections 12213 and 12214 are amended by striking out 
        ``or Territory, Puerto Rico, or the District of Columbia, 
        whichever is'' in subsection (a).
    (c) Chapter 1209.--Sections of chapter 1209 (as transferred and 
redesignated by section 1362(e)(2)) are amended as follows:
            (1) Section 12301 is amended--
                    (A) in subsection (b), by striking out ``or 
                Territory'' and all that follows through the period at 
                the end and inserting in lieu thereof ``(or, in the 
                case of the District of Columbia National Guard, the 
                commanding general of the District of Columbia National 
                Guard).''; and
                    (B) in subsection (d), by striking out ``or 
                Territory, Puerto Rico, or the District of Columbia, 
                whichever is''.
            (2) Section 12304 is amended--
                    (A) by striking out ``section 673(a)'' in 
                subsection (a) and inserting in lieu thereof ``section 
                12302(a)'';
                    (B) by striking out ``section 268(b)'' in 
                subsection (a) and inserting in lieu thereof ``section 
                10143(a)''; and
                    (C) by striking out ``section 3500 or 8500'' in 
                subsection (b) and inserting in lieu thereof ``section 
                12406''.
            (3) Section 12305 is amended by striking out ``section 672, 
        673, or 673b'' in subsections (a) and (b) and inserting in lieu 
        thereof ``section 12301, 12302, or 12304''.
            (4) Section 12306 is amended by striking out ``section 
        672'' in subsection (a) and inserting in lieu thereof ``section 
        12301''.
            (5) Section 12307 is amended by striking out ``section 
        672(a) or 688'', ``section 1001(b)'', and ``chapter 67'' and 
        inserting in lieu thereof ``section 688 or 12301(a)'', 
        ``section 12641(b)'', and ``chapter 1223'', respectively.
            (6) Section 12308 is amended by striking out ``chapter 67'' 
        and ``section 1332(b)'' and inserting in lieu thereof ``chapter 
        1223'' and ``section 12732(b)'', respectively.
            (7) Section 12310 is amended by striking out ``section 
        672(d)'' in subsection (a) and inserting in lieu thereof 
        ``section 12301(d)''.
            (8) Section 12312 is amended by striking out ``section 
        679(a)'' in subsections (a) and (b) and inserting in lieu 
        thereof ``section 12311(a)''.
            (9) Section 12318 is amended--
                    (A) by striking out ``section 673 or 673b'' in 
                subsections (a) and (b) and inserting in lieu thereof 
                ``section 12302 or 12304''; and
                    (B) by striking out ``section 678'' in subsection 
                (b) and inserting in lieu thereof ``section 12310''.
            (10) Section 12319(d) is amended by striking out ``chapter 
        67'' and inserting in lieu thereof ``chapter 1223''.
            (11) Section 12320 is amended by striking out ``section 
        3353, 5600, or 8353'' and inserting in lieu thereof ``section 
        12207''.
    (d) Chapter 1219.--Sections of chapter 1219 (as transferred and 
redesignated by section 1362(h)) are amended as follows:
            (1) Section 12642 is amended--
                    (A) by striking out ``section 1332(a)(2)'' in 
                subsection (a) and inserting in lieu thereof ``section 
                12732(a)(2)''; and
                    (B) by striking out ``section 1005'' in subsection 
                (b) and inserting in lieu thereof ``section 12645''.
            (2) Section 12645 is amended by striking out ``chapter 337, 
        361, 363, 573, 837, 861, or 863'' in subsection (a) and 
        inserting in lieu thereof ``chapter 573, 1407, 1409, or 1411''.
            (3) Section 12646 is amended--
                    (A) by striking out ``section 1332'' each place it 
                appears in subsections (a) and (b) and inserting in 
                lieu thereof ``section 12732'';
                    (B) by striking out ``chapter 337, 361, 363, 573, 
                837, 861, or 863'' in subsections (a) and (b) and 
                inserting in lieu thereof ``chapter 573, 1407, or 
                1409''; and
                    (C) by striking out subsection (e) and inserting in 
                lieu thereof the following:
    ``(e)(1) A reserve commissioned officer on active duty (other than 
for training) or full-time National Guard duty (other than full-time 
National Guard duty for training only) who, on the date on which the 
officer would otherwise be removed from an active status under section 
6389, 14513, or 14514 of this title or section 740 of title 14, is 
within two years of qualifying for retirement under section 3911, 6323, 
or 8911 of this title may, in the discretion of the Secretary concerned 
and subject to paragraph (2), be retained on that duty for a period of 
not more than two years.
    ``(2) An officer may be retained on active duty or full-time 
National Guard duty under paragraph (1) only if--
            ``(A) at the end of the period for which the officer is 
        retained the officer will be qualified for retirement under 
        section 3911, 6323, or 8911 of this title; and
            ``(B) the officer will not, before the end of that period, 
        reach the age at which transfer from an active status or 
        discharge is required by this title or title 14.
    ``(3) An officer who is retained on active duty or full-time 
National Guard duty under this section may not be removed from an 
active status while on that duty.''.
            (4) Section 12647 is amended by striking out ``chapters 
        337, 363, 573, 837, and 863'' and inserting in lieu thereof 
        ``chapters 573, 1407, and 1409''.

SEC. 1376. AMENDMENTS TO TITLES 32 AND 37, UNITED STATES CODE.

    (a) Title 32, United States Code.--Title 32, United States Code, is 
amended as follows:
            (1) Section 107(c) is amended by striking out ``section 
        3496 or 8496'' and inserting in lieu thereof ``section 12402''.
            (2) Section 307(a)(3) is amended by striking out ``and 
        sections 8365 and 8366 of title 10''.
            (3) Section 323(c) is amended by striking out ``section 
        3259, 3352(a), 8259, or 8352(a)'' and inserting in lieu thereof 
        ``section 12105, 12213(a), or 12214(a)''.
            (4) The items relating to sections 309 and 310 in the table 
        of sections at the beginning of chapter 3 are amended to read 
        as follows:

``309. Federal recognition of National Guard officers: officers 
                            promoted to fill vacancies.
``310. Federal recognition of National Guard officers: automatic 
                            recognition.''.
    (b) Title 37, United States Code.--Title 37, United States Code, is 
amended as follows:
            (1) Section 204(a)(2) is amended by striking out ``section 
        3021, 3496, 3541, 8021, 8496, or 8541'' and inserting in lieu 
        thereof ``section 10302, 10305, 10502, or 12402''.
            (2) Section 205(e)(2) is amended--
                    (A) by striking out ``section 511(b) or 511(d)'' in 
                subparagraph (A) and inserting in lieu thereof 
                ``section 12103(b) or 12103(d)''; and
                    (B) by striking out ``chapter 39'' in subparagraph 
                (B) and inserting in lieu thereof ``chapter 1209''.
            (3) Section 905 is amended--
                    (A) by striking out ``chapter 549'' in subsection 
                (a) and inserting in lieu thereof ``chapter 1405''; and
                    (B) by striking out ``section 5908'' in subsection 
                (b) and inserting in lieu thereof ``section 14308(b)''.

SEC. 1377. AMENDMENTS TO OTHER LAWS.

    (a) Title 5, United States Code.--Title 5, United States Code, is 
amended as follows:
            (1) Section 5517(d)(2) is amended by striking out ``section 
        270(a) of title 10'' and inserting in lieu thereof ``section 
        10147 of title 10''.
            (2) Section 6323(b) is amended--
                    (A) in paragraph (1), by striking out ``section 261 
                of title 10'' and inserting in lieu thereof ``section 
                10101 of title 10''; and
                    (B) in paragraph (2)(A), by striking out ``3500, or 
                8500 of title 10'' and inserting in lieu thereof ``or 
                12406 of title 10''; and
            (3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are amended by 
        striking out ``chapter 67 of title 10'' and inserting in lieu 
        thereof ``chapter 1223 of title 10 (or under chapter 67 of that 
        title as in effect before the effective date of the Reserve 
        Officer Personnel Management Act)''.
            (4) Sections 8401(30) and 8456(a)(1)(A) are amended by 
        striking out ``section 261(a) of title 10'' and inserting in 
        lieu thereof ``section 10101 of title 10''.
    (b) Title 14, United States Code.--Title 14, United States Code, is 
amended as follows:
            (1) Section 41a(a) is amended by striking out ``section 679 
        of title 10'' and inserting in lieu thereof ``section 12311 of 
        title 10''.
            (2) Section 271(e) is amended by striking out ``section 593 
        of title 10'' and inserting in lieu thereof ``section 12203 of 
        title 10''.
            (3) Section 712(c)(1) is amended by striking out ``section 
        270 of title 10'' and inserting in lieu thereof ``section 10147 
        of title 10''.
            (4) Section 713 is amended by striking out ``section 511(d) 
        of title 10'' and inserting in lieu thereof ``section 12103(d) 
        of title 10''.
            (5) Sections 740(c) and 741(b) are amended by striking out 
        ``section 1006 of title 10'' and inserting in lieu thereof 
        ``section 12646 of title 10''.
    (c) Internal Revenue Code of 1986.--Section 219(g)(6)(A) of the 
Internal Revenue Code of 1986 is amended by striking out ``section 
261(a) of title 10'' and inserting in lieu thereof ``section 10101 of 
title 10''.
    (d) Title 38, United States Code.--Title 38, United States Code, is 
amended as follows:
            (1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are 
        amended by striking out ``chapter 67 of title 10'' and 
        inserting in lieu thereof ``chapter 1223 of title 10 (or under 
        chapter 67 of that title as in effect before the effective date 
        of the Reserve Officer Personnel Management Act)''.
            (2) Section 3002 is amended--
                    (A) in paragraph (4), by striking out ``section 
                268(b) of title 10'' and inserting in lieu thereof 
                ``section 10143(a) of title 10''; and
                    (B) in paragraph (6), by striking out ``section 
                511(d) of title 10'' and inserting in lieu thereof 
                ``section 12103(d) of title 10''.
    (e) Public Law 99-661.--Section 403(b)(1) of Public Law 99-661 (10 
U.S.C. 521 note) is amended--
            (1) in subparagraph (B), by striking out ``section 265'' 
        and all that follows through ``of title 10'' and inserting in 
        lieu thereof ``section 10148(a), 10211, 10302 through 10305, 
        12301(a), or 12402 of title 10'';
            (2) in subparagraph (C), by striking out ``section 672(d)'' 
        and inserting in lieu thereof ``section 12301(d)''; and
            (3) in subparagraph (E), by striking out ``section 673b'' 
        and inserting in lieu thereof ``section 12304''.
    (f) Military Selective Service Act.--Section 6 of the Military 
Selective Service Act (50 U.S.C. App. 456) is amended--
            (1) in subsection (c)(2)(A), by striking out ``section 270 
        of title 10'' and inserting in lieu thereof ``section 10147 of 
        title 10'';
            (2) in subsection (c)(2)(D), by striking out ``section 
        511(b) of title 10'' and inserting in lieu thereof ``section 
        12103 of title 10''; and
            (3) in subsection (d)(1), by striking out ``section 270(a) 
        of title 10'' and inserting in lieu thereof ``section 10147 of 
        title 10''.

                   Subtitle E--Transition Provisions

SEC. 1381. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF CERTAIN 
              RESERVE COLONELS OF THE ARMY AND AIR FORCE.

    (a) Continuation Under Old Law.--Except as provided in subsection 
(b), a reserve officer of the Army or the Air Force who, on the 
effective date of this title--
            (1) is subject to placement on the reserve active-status 
        list of the Army or the Air Force; and
            (2)(A) holds the reserve grade of colonel, (B) is on a list 
        of officers recommended for promotion to the reserve grade of 
        colonel, or (C) has been nominated by the President for 
        appointment in the reserve grade of colonel,
shall continue to be subject to mandatory transfer to the Retired 
Reserve or discharge from the officer's reserve appointment under 
section 3851 or 8851 of title 10, United States Code, as in effect on 
the day before the effective date of this title.
    (b) Exemption.--This section does not apply to an officer who is--
            (1) sooner transferred from an active status or discharged 
        under some other provision of law;
            (2) promoted to a higher grade, unless the officer was on a 
        list of officers recommended for promotion to the reserve grade 
        of colonel before the effective date of this title; or
            (3) continued on the reserve active-status list under 
        section 14701 of title 10, United States Code, as added by this 
        title.

SEC. 1382. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION 
              FOR ARMY AND AIR FORCE OFFICERS.

    (a) Promotions To Fill Vacancies.--A reserve commissioned officer 
of the Army or Air Force (other than a commissioned warrant officer) 
who, on the day before the effective date of this title, is recommended 
for promotion to fill a vacancy in the Army Reserve or the Air Force 
Reserve under section 3383, 3384, 8372, or 8373 of title 10, United 
States Code, as in effect on the day before the effective date of this 
title, in the next higher reserve grade shall be considered to have 
been recommended for promotion to that grade by a vacancy promotion 
board under section 14101(a)(2) of title 10, United States Code, as 
added by this title.
    (b) Promotions Other Than To Fill Vacancies.--A reserve officer of 
the Army or Air Force who, on the day before the effective date of this 
title, is recommended for promotion under section 3366, 3367, 3370, 
3371, 8366, or 8371 of title 10, United States Code, as in effect on 
the day before the effective date of this title, to a reserve grade 
higher than the grade in which the officer is serving shall be 
considered to have been recommended for promotion by a mandatory 
promotion board convened under section 14101(a)(1) of title 10, United 
States Code, as added by this title.
    (c) Officers Found Qualified for Promotion to First Lieutenant.--A 
reserve officer of the Army or Air Force who, on the effective date of 
the title, holds the grade of second lieutenant and has been found 
qualified for promotion to the grade of first lieutenant in accordance 
with section 3365, 3382, or 8365 of title 10, United States Code, as in 
effect on the day before the effective date of this title, shall be 
promoted to that grade on the date on which the officer would have been 
promoted under the provisions of chapter 337 or 837 of such title, as 
in effect on the day before the effective date of this title, unless 
sooner promoted under regulations prescribed by the Secretary of the 
Army or the Secretary of the Air Force under section 14308(b) of title 
10, United States Code, as added by this title.
    (d) Officers Once Failed of Selection.--(1) A reserve officer of 
the Army in the grade of first lieutenant, captain, or major who, on 
the day before the effective date of this title, has been considered 
once but not recommended for promotion to the next higher reserve grade 
under section 3366 or 3367 of title 10, United States Code, or a 
reserve officer of the Air Force in the grade of first lieutenant, 
captain, or major who, on the day before the effective date of this 
title, is a deferred officer within the meaning of section 8368 of such 
title, shall be considered to have been considered once but not 
selected for promotion by a board convened under section 14101(a)(1) of 
title 10, United States Code, as added by this title. If the officer is 
later considered for promotion by a selection board convened under that 
section and is not selected for promotion (or is selected for promotion 
but declines to accept the promotion), the officer shall be considered 
for all purposes to have twice failed of selection for promotion.
    (2) In the case of a reserve officer of the Army or Air Force in an 
active status who, on the day before the effective date of this title, 
is in the grade of first lieutenant, captain, or major and whose name 
has been removed, under the provisions of section 3363(f) of title 10, 
United States Code, from a list of officers recommended for promotion 
or who has previously not been promoted because the President declined 
to appoint the officer in the next higher grade under section 8377 of 
such title as in effect on the day before the effective date of this 
title, or whose name was removed from a list of officers recommended 
for promotion to the next higher grade because the Senate did not 
consent to the officer's appointment, if the officer is later 
considered for promotion by a selection board convened by section 
14101(a)(1) of title 10, United States Code, as added by this title, 
and (A) is not selected for promotion, (B) is selected for promotion 
but removed from the list of officers recommended or approved for 
promotion, or (C) is selected for promotion but declines to accept the 
promotion, the officer shall be considered for all purposes to have 
twice failed of selection for promotion.
    (e) Officers Twice Failed of Selection.--A reserve officer of the 
Army or Air Force in an active status who, on the day before the 
effective date of this title, is in the grade of first lieutenant, 
captain, or major and on that date is subject to be treated as 
prescribed in section 3846 or 8846 of title 10, United States Code, 
shall continue to be governed by that section as in effect on the day 
before the effective date of this title.
    (f) Officers With Approved Promotion Declinations in Effect.--A 
reserve officer of the Army who, on the day before the effective date 
of this title, has declined a promotion under subsection (f) or (g) of 
section 3364 of title 10, United States Code, shall while carried on 
the reserve active status list be subject to the provisions of 
subsections (h), (i), and (j) of such section, as in effect on the day 
before the effective date of this title, except that the name of an 
officer to whom this section applies shall be placed on a promotion 
list under section 14308(a) of title 10, United States Code (as added 
by this title), and, at the end of the approved period of declination, 
shall be considered to have failed of promotion if the officer again 
declines to accept the promotion.
    (g) Covered Officers.--This section applies to reserve officers of 
the Army and Air Force who--
            (1) on the day before the effective date of this title are 
        in an active status; and
            (2) on the effective date of this title are subject to 
        placement on the reserve active-status list of the Army or the 
        Air Force.

SEC. 1383. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION 
              FOR NAVY AND MARINE CORPS OFFICERS.

    (a) Recommendations for Promotion.--An officer covered by this 
section who, on the day before the effective date of this title, has 
been recommended for promotion to a reserve grade higher than the grade 
in which the officer is serving shall be considered to have been 
recommended for promotion to that grade under section 14101(a) of title 
10, United States Code, as added by this title.
    (b) Failures of Selection.--An officer covered by this section who, 
on the day before the effective date of this title is considered to 
have failed of selection for promotion one or more times under chapter 
549 of title 10, United States Code, to a grade below captain, in the 
case of a reserve officer of the Navy, or to a grade below colonel, in 
the case of a reserve officer of the Marine Corps, shall be subject to 
chapters 1405 and 1407 of title 10, United States Code, as added by 
this title, as if such failure or failures had occurred under the 
provisions of those chapters.
    (c) Officers Other Than Covered Officers Recommended for 
Promotion.--A reserve officer of the Navy or Marine Corps who on the 
day before the effective date of this title (1) has been recommended 
for promotion in the approved report of a selection board convened 
under chapter 549 of title 10, United States Code, and (2) was on the 
active-duty list of the Navy or Marine Corps may be promoted under that 
chapter, as in effect on the day before the effective date of this 
title.
    (d) Officers Found Qualified for Promotion to Lieutenant (Junior 
Grade) or First Lieutenant.--A covered officer who, on the effective 
date of this title, holds the grade of second lieutenant and has been 
found qualified for promotion in accordance with section 5908 or 5910 
of title 10, United States Code, as in effect on the day before the 
effective date of this title, shall be promoted on the date on which 
the officer would have been promoted under the provisions of chapter 
549 of such title, as in effect on the day before the effective date of 
this title, unless sooner promoted under regulations prescribed by the 
Secretary of the Navy under section 14307(b) of such title, as added by 
this title.
    (e) Officers Whose Names Have Been Omitted From a List Furnished to 
a Selection Board.--A covered officer whose name, as of the effective 
date of this title, had been omitted by administrative error from the 
list of officers furnished the most recent selection board to consider 
officers of the same grade and component, shall be considered by a 
special selection board established under section 14502 of title 10, 
United States Code, as added by this title. If the officer is selected 
for promotion by that board, the officer shall be promoted as specified 
in section 5904 of title 10, United States Code, as in effect on the 
day before the effective date of this title.
    (f) Covered Officers.--Except as provided in subsection (c), this 
section applies to any reserve officer of the Navy or Marine Corps who 
(1) before the effective date of this title is in an active status, and 
(2) on the effective date of this title is subject to placement on the 
reserve active-status list of the Navy or Marine Corps.

SEC. 1384. DELAYS IN PROMOTIONS AND REMOVALS FROM PROMOTION LIST.

    (a) Delays in Promotions.--(1) A delay in a promotion that is in 
effect on the day before the effective date of this title under the 
laws and regulations in effect on that date shall continue in effect on 
and after that date as if the promotion had been delayed under section 
14311 of title 10, United States Code, as added by this title.
    (2) The delay of the promotion of a reserve officer of the Army or 
the Air Force which was in effect solely to achieve compliance with 
limitations set out in section 524 of title 10, United States Code, or 
with regulations prescribed by the Secretary of Defense with respect to 
sections 3380(c) and 8380(c) of title 10, United States Code, as in 
effect on the day before the effective date of this title, shall 
continue in effect as if the promotion had been delayed under section 
14311(e) of such title, as added by this title.
    (b) Removals From List.--An action that was initiated before the 
effective date of this title under the laws and regulations in effect 
before that date to remove the name of an officer from a promotion list 
or from a list of officers recommended or approved for promotion shall 
continue on and after such date as if such action had been initiated 
under section 14110(d) or 14310, as appropriate, of title 10, United 
States Code, as added by this title.

SEC. 1385. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION.

    During the five-year period beginning on the effective date of this 
title, the Secretary of the Army and the Secretary of the Air Force may 
waive the provisions of section 14304 of title 10, United States Code, 
as added by this title. The Secretary may, in addition, during any 
period in which such a waiver is in effect, establish minimum periods 
of total years of commissioned service an officer must have served to 
be eligible for consideration for promotion to the grade of captain, 
major, or lieutenant colonel by boards convened under section 14101(a) 
of title 10, United States Code, as added by this title.

SEC. 1386. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST.

    (a) Six-Month Deadline.--Not later than six months after the 
effective date of this title, the Secretary of the military department 
concerned shall ensure that--
            (1) all officers of the Army, Navy, Air Force, and Marine 
        Corps who are required to be placed on the reserve active-
        status list of their Armed Force under section 14002 of title 
        10, United States Code, as added by this title, shall be placed 
        on the list for their armed force and in their competitive 
        category; and
            (2) the relative seniority of those officers on each such 
        list shall be established.
    (b) Regulations.--The Secretary concerned shall prescribe 
regulations for the establishment of relative seniority. The Secretary 
of the Army and the Secretary of the Air Force shall, in prescribing 
such regulations, provide for the consideration of both promotion 
service established under section 3360(b) or 8360(e) of title 10, 
United States Code, as in effect on the day before the effective date 
of this title, and total commissioned service established under section 
3360(c) or 8366(e) of such title, as in effect on the day before the 
effective date of this title. An officer placed on a reserve active-
status list in accordance with this section shall be considered to have 
been on the list as of the effective date of this title.

SEC. 1387. PRESERVATION OF RELATIVE SENIORITY UNDER THE INITIAL 
              ESTABLISHMENT OF THE RESERVE ACTIVE-STATUS LIST.

    In order to maintain the relative seniority among reserve officers 
of the Army, Navy, Air Force, or Marine Corps as determined under 
section 1386, the Secretary of the military department concerned may, 
during the one-year period beginning on the effective date of this 
title, adjust the date of rank of any reserve officer of such Armed 
Force who was in an active status but not on the active-duty list on 
such effective date.

SEC. 1388. GRADE ON TRANSFER TO THE RETIRED RESERVE.

    In determining the highest grade held satisfactorily by a person at 
any time in the Armed Forces for the purposes of paragraph (2) of 
section 1406(b) of title 10, United States Code, as added by this 
title, the requirement for satisfactory service on the reserve active-
status list contained in section 1370(d) of title 10, United States 
Code, as added by this title, shall apply only to reserve commissioned 
officers who are promoted to a higher grade as a result of selection 
for promotion under chapter 36 of that title or under chapter 1405 of 
that title, as added by this title, or having been found qualified for 
Federal recognition in a higher grade under chapter 3 of title 32, 
United States Code, after the effective date of this title.

SEC. 1389. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE.

    A reserve officer of the Army, Navy, Air Force, or Marine Corps who 
was in an active status on the day before the effective date of this 
title and who was subject to placement of the reserve active-status 
list on the effective date of this title may not be discharged under 
section 14503 of title 10, United States Code, as added by this title, 
until on or after the day on which that officer completes three years 
of continuous service as a reserve commissioned officer.

SEC. 1390. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE OFFICERS OF 
              THE NAVY AND MARINE CORPS.

    (a) Savings Provisions for Required Separation Age.--A reserve 
officer of the Navy or the Marine Corps--
            (1) who--
                    (A) on the effective date of this title is in an 
                active status, and
                    (B) on the day before the effective date of this 
                title was an officer described in section 6389(e), 
                6397(a), 6403(a), or 6403(b) of title 10, United States 
                Code; and
            (2) who, on or after the effective date of this title is 
        subject to elimination from an active status under any 
        provision of such title,
is entitled to be treated as that officer would have been treated under 
section 6397 or 6403 as applicable, as in effect on the day before the 
effective date of this title, if that treatment would result in the 
date for the officer's separation from an active status being a later 
date than the date established under the law in effect on or after the 
effective date of this title.
    (b) Savings Provisions for Mandatory Separation for Age.--An 
officer who was initially appointed in the Naval Reserve or the Marine 
Corps Reserve before January 1, 1953, and who cannot complete 20 years 
of service computed under section 12732 of this title before he becomes 
62 years of age, but can complete this service by the time he becomes 
64 years of age, may be retained in an active status not later than the 
date he becomes 64 years of age.
    (c) An officer who was initially appointed in the Naval Reserve or 
the Marine Corps Reserve before the effective date of this title, and 
who cannot complete 20 years of service computed under section 12732 of 
this title before he becomes 60 years of age, but can complete this 
service by the time he becomes 62 years of age, may be retained in an 
active status not later than the date he becomes 62 years of age.

       Subtitle F--Effective Dates and General Savings Provisions

SEC. 1391. EFFECTIVE DATE.

    (a) Effective Date for Amendments.--The amendments made by this 
title shall take effect on the date of the enactment of this Act.
    (b) Effective Date for New Reserve Officer Personnel Policies.--(1) 
The provisions of part III of subtitle E of title 10, United States 
Code, as added by section 1311, shall become effective on the first day 
of the ninth month that begins after the date of the enactment of this 
Act.
    (2) Any reference in subtitle E of this title to the effective date 
of this title is a reference to the effective date prescribed in 
paragraph (1).
    (3) The personnel policies applicable to Reserve officers under the 
provisions of law in effect on the day before the date of the enactment 
of this Act and replaced by the Reserve officer personnel policies 
prescribed in part III of subtitle E of title 10, United States Code, 
as added by section 1311, shall, notwithstanding the provisions of 
subsection (a), continue in effect until the effective date prescribed 
in paragraph (1).
    (4) The authority to prescribe regulations under the provisions of 
part III of subtitle E of title 10, United States Code, as added by 
section 1311, shall take effect on the date of the enactment of this 
Act.

SEC. 1392. PRESERVATION OF SUSPENDED STATUS OF LAWS SUSPENDED AS OF 
              EFFECTIVE DATE.

    If a provision of law that is in a suspended status on the day 
before the effective date of this title under section 1391(b)(1) is 
transferred or amended by this title, the suspended status of that 
provision is not affected by that transfer or amendment.

SEC. 1393. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES, PENALTIES, AND 
              PROCEEDINGS.

    Except as otherwise provided in this title, the provisions of this 
title and the amendments made by this title do not affect rights and 
duties that matured, penalties that were incurred, or proceedings that 
were begun before the effective date of this title under section 
1391(b)(1).

             TITLE XIV--BOSNIA AND HERZEGOVINA SELF-DEFENSE

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Bosnia and Herzegovina Self-
Defense Act of 1994''.

SEC. 1402. FINDINGS.

    The Congress makes the following findings:
            (1) For the reasons stated in section 520 of the Foreign 
        Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
        Law 103-236), the Congress has found that continued application 
        of an international arms embargo to the Government of Bosnia 
        and Herzegovina contravenes that Government's inherent right of 
        individual or collective self-defense under Article 51 of the 
        United Nations Charter and therefore is inconsistent with 
        international law.
            (2) Before deploying United States Armed Forces to defend 
        the territorial integrity and political independence of Bosnia 
        and Herzegovina, or to enforce United Nations mandates in 
        Bosnia and Herzegovina, the United States should seek to permit 
        the Government of Bosnia and Herzegovina to obtain the means 
        necessary to exercise its inherent right of self-defense.

SEC. 1403. TERMINATION OF ARMS EMBARGO.

    (a) Termination.--The President shall terminate the United States 
arms embargo of the Government of Bosnia and Herzegovina upon receipt 
from that Government of a request for assistance in exercising its 
right of self-defense under Article 51 of the United Nations Charter.
    (b) Definition.--As used in this section, the term ``United States 
arms embargo of the Government of Bosnia and Herzegovina'' means the 
application to the Government of Bosnia and Herzegovina of--
            (1) the policy adopted July 10, 1991, and published in the 
        Federal Register of July 19, 1991 (58 F.R. 33322) under the 
        heading ``Suspension of Munitions Export Licenses to 
        Yugoslavia''; and
            (2) any similar policy being applied by the United States 
        Government as of the date of receipt of the request described 
        in subsection (a) pursuant to which approval is denied for 
        transfers of defense articles and defense services to the 
        former Yugoslavia.

SEC. 1404. PROVISION OF UNITED STATES MILITARY ASSISTANCE.

    (a) Policy.--The President should provide appropriate military 
assistance to the Government of Bosnia and Herzegovina upon receipt 
from that Government of a request for assistance in exercising its 
right of self-defense under Article 51 of the United Nations Charter.
    (b) Authorization of Military Assistance.--
            (1) Drawdown authority.--If the Government of Bosnia and 
        Herzegovina requests United States assistance in exercising its 
        right of self-defense under Article 51 of the United Nations 
        Charter, the President is authorized to direct the drawdown of 
        defense articles from the stocks of the Department of Defense, 
        defense services of the Department of Defense, and military 
        education and training in order to provide assistance to the 
        Government of Bosnia and Herzegovina. Such assistance shall be 
        provided on such terms and conditions as the President may 
        determine.
            (2) Limitation on value of transfers.--The aggregate value 
        (as defined in section 664(m) of the Foreign Assistance Act of 
        1961) of defense articles, defense services, and military 
        education and training provided under this subsection may not 
        exceed $200,000,000.
            (3) Expiration of authorization.--The authority provided to 
        the President in paragraph (1) expires at the end of fiscal 
        year 1995.
            (4) Limitation on activities.--Members of the United States 
        Armed Forces who perform defense services or provide military 
        education and training outside the United States under this 
        subsection may not perform any duties of a combatant nature, 
        including any duties related to training and advising that may 
        engage them in combat activities.
            (5) Reports to congress.--Within 60 days after any exercise 
        of the authority of paragraph (1) and every 60 days thereafter, 
        the President shall report in writing to the Speaker of the 
        House of Representatives and the President pro tempore of the 
        Senate concerning the defense articles, defense services, and 
        military education and training being provided and the use made 
        of such articles, services, and education and training.
            (6) Reimbursement.--(A) Defense articles, defense services, 
        and military education and training provided under this 
        subsection shall be made available without reimbursement to the 
        Department of Defense except to the extent that funds are 
        appropriated pursuant to subparagraph (B).
            (B) There are authorized to be appropriated to the 
        President such sums as may be necessary to reimburse the 
        applicable appropriation, fund, or account for the value (as 
        defined in section 664(m) of the Foreign Assistance Act of 
        1961) of defense articles, defense services, or military 
        education and training provided under this subsection.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SECTION 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 1995''.

                            TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 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
                                                                        
  Arkansas..................................  Pine Bluff Arsenal.............................
                                                                        
  California................................  Fort Irwin.....................................
                                                                        
  Georgia...................................  Fort Benning...................................
                                              Fort Gordon....................................
                                                                        
  Hawaii....................................  Schofield Barracks.............................
                                                                        
  Kentucky..................................  Fort Campbell..................................
                                                                        
  Maryland..................................  Aberdeen Proving Grounds.......................
                                              Adelphi Laboratory Center......................
                                                                        
  New Jersey................................  Bayonne Military Ocean Terminal................
                                                                        
  New York..................................  Fort Drum......................................
                                              U.S. Military Academy, West Point..............
                                                                        
  North Carolina............................  Fort Bragg.....................................
                                              Sunny Point Military Ocean Terminal............
                                                                        
  Oregon....................................  Umatilla Depot Activity........................
                                                                        
  Oklahoma..................................  Fort Sill......................................
                                                                        
  Pennsylvania..............................  Tobyhanna Depot................................
                                                                        
  Texas.....................................  Fort Bliss.....................................
                                              Fort Hood......................................
                                              Fort Sam Houston...............................
                                                                        
  Virginia..................................  Fort Lee.......................................
                                              Fort Myer......................................
                                                                        
  Washington................................  Fort Lewis.....................................
                                                                        
  CONUS Classified..........................  Classified Location............................
                                                                        
 -----------------------------------------------------------------------

    (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 locations outside the United States, and 
in the amounts, set forth in the following table:
      


                     Army: Outside the United States                    
                                                                        
                    Country                                      Location
                                                                        
  Korea.....................................  Camp Casey....................................
                                                                        
  Kwajalein Atoll...........................  Kwajalein.....................................
                                                                        
  Worldwide.................................  Host Nation Support...........................
                                                                        
 -----------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition) at the installations, 
for the purposes, and in the amounts set forth in the following table:



                          Army: Family Housing                          
                                                                        
                  State                             Installation        
                                                                        
  Colorado............................  Fort Carson.........................
                                                                        
  Georgia.............................  Fort Stewart........................
                                                                        
  Hawaii..............................  Schofield Barracks..................
                                                                        
  Massachusetts.......................  Natic Research Center...............
                                                                        
  New York............................  U.S. Military Academy, West Point...
                                                                        
  South Carolina......................  Fort Jackson........................
                                                                        
  Texas...............................  Fort Bliss..........................
                                        Fort Sam Houston....................
                                                                        
 -----------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2104(a)(5)(A), the 
Secretary of the Army may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $5,992,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(6)(A), the Secretary of the Army may improve existing 
military family housing in an amount not to exceed $49,760,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 1994, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Army in the total amount of $2,139,036,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $703,100,000.
            (2) For the military construction projects outside the 
        United States authorized by section 2101(b), $72,200,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $12,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $66,126,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition of military 
                family housing and facilities, $164,402,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $1,121,208,000, of which 
                not more than $243,442,000 may be obligated or expended 
                for the leasing of military family housing worldwide.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation 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. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT FORT 
              BRAGG, NORTH CAROLINA, FOR WHICH FUNDS HAVE BEEN 
              APPROPRIATED.

    Using amounts previously appropriated for this purpose, the 
Secretary of the Army may carry out a military construction project for 
the construction of a library at Fort Bragg, North Carolina, in the 
total amount of $5,500,000.

                            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), and, in 
the case of the project described in section 2204(b)(2), other amounts 
appropriated pursuant to authorizations enacted after this Act for that 
project, the Secretary of the Navy may acquire real property and carry 
out military construction projects for the installations and locations 
inside the United States, and in the amounts, set forth in the 
following table:
      


                     Navy: Inside the United States                     
                                                                        
                     State                                Installation or location
                                                                        
  California................................  Camp Pendleton Amphibious Task Force...........
                                              Camp Pendleton Marine Corp Base................
                                              China Lake Naval Air Warfare Center............
                                              El Centro Naval Air Facility...................
                                              Lemoore Naval Air Station......................
                                              North Island Naval Air Station.................
                                              Port Hueneme Construction Battalion Center.....
                                              San Diego Marine Corps Recruit Depot...........
                                              San Diego Naval Station........................
                                              Twentynine Palms, Marine Corps Air-Ground
                                               Combat Center.................................
                                                                        
  Florida...................................  Blount Island..................................
                                              Jacksonville Fleet and Industrial Supply Center
                                              Pensacola Naval Air Station....................
                                                                        
  Hawaii....................................  Kaneohe Bay Marine Corps Air Station...........
                                                                        
  Illinois..................................  Great Lakes Navy Public Works Center...........
                                                                        
  Indiana...................................  Crane Naval Surface Warfare Center.............
                                                                        
  Maryland..................................  Indian Head Naval Surface Warfare Center.......
                                              Patuxent River Naval Air Warfare Center........
                                              United States Naval Academy....................
                                                                        
  New Jersey................................  Lakehurst Naval Air Warfare Center.............
                                                                        
  New Mexico................................  White Sands Naval Ordnance Missile Test Station
                                                                        
  North Carolina............................  Camp Lejeune Marine Corp Base..................
                                              Cherry Point Marine Corps Air Station..........
                                                                        
  Pennsylvania..............................  Philadelphia Naval Shipyard....................
                                                                        
  Rhode Island..............................  Newport Naval Education and Training Center....
                                              Newport Naval War College......................
                                                                        
  South Carolina............................  Beauford Marine Corps Air Station..............
                                              Parris Island Marine Corps Recruit Depot.......
                                                                        
  Texas.....................................  Ingleside Naval Station........................
                                              Kingsville Naval Air Station...................
                                                                        
  Virginia..................................  Chesapeake Naval Security Group Activity.......
                                              Dam Neck Fleet Combat Training Center..........
                                              Little Creek Amphibious Base...................
                                              Norfolk Marine Corps Security Force Battalion
                                               Atlantic......................................
                                              Norfolk Naval Base.............................
                                              Norfolk Naval Station..........................
                                              Oceana Naval Air Station.......................
                                              Quantico Marine Corps Combat Development
                                               Command.......................................
                                                                        
  Washington................................  Bremerton Puget Sound Naval Shipyard...........
                                              Everett Naval Station..........................
                                              Whidbey Island Naval Air Station...............
                                                                        
  Various Locations.........................  Aircraft Fire Rescue and Vehicle Maintenance
                                               Facilities....................................
                                                                        
 -----------------------------------------------------------------------

    (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       
    Greece...............  Souda Bay, Crete Naval                       
                            Support Activity.........     $3,050,000   
                                                                        
    Guam.................  Public Works Center.......    $21,600,000   
                                                                        
    Italy................  Naples Naval Support          $28,460,000   
                            Activity.                                   
                           Sigonella Naval Air           $13,750,000   
                            Station.                                    
                                                                        
    Puerto Rico..........  Sabana Seca Naval Security                   
                            Group Activity...........     $1,650,000   
                                                                        
    United Kingdom.......  Saint Mawgan Joint                           
                            Communication Center.....     $3,900,000   
                                                                        
   -------------------------------------------------------------------  

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..........................  Camp Pendleton Marine Corps Base....
                                        San Diego Navy Public Works Center..
                                                                        
  Hawaii..............................  Pearl Harbor Public Works Center....
                                                                        
  Maryland............................  Patuxent River Naval Air Station....
                                                                        
  Mississippi.........................  Gulfport Construction Battalion 
                                         Center.............................
                                                                        
  Texas...............................  Corpus Christi Naval Air Station....
                                                                        
  Virginia............................  Norfolk Navy Public Works Center....
                                                                        
  Washington..........................  Everett Naval Station...............
                                                                        
                                                                        
 -----------------------------------------------------------------------

    (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 $24,681,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(a)(5)(A), the Secretary of the Navy may improve existing 
military family housing units in the amount of $155,602,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 1994, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Navy in the total amount of $1,569,850,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $325,996,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $72,410,000.
            (3) For unspecified minor construction projects authorized 
        by section 2805 of title 10, United States Code, $7,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $43,380,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition of military 
                family housing and facilities, $267,465,000.
                    (B) For support of military housing (including 
                functions described in section 2833 of title 10, United 
                States Code), $853,599,000, of which not more than 
                $114,336,000 may be obligated or expended for the 
                leasing of military family housing units worldwide.
    (b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2201 of this 
Act may not exceed--
            (1) the total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a); and
            (2) $18,000,000 (the balance of the amount authorized under 
        section 2201(a) for the construction of a Strategic Maritime 
        Research Center at the Naval War College, Newport, Rhode 
        Island).

SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION 
              PROJECT AT NAVAL SUPPLY CENTER, PENSACOLA, FLORIDA.

    (a) Reauthorization.--Notwithstanding section 2205(b)(1)(D)(ii) of 
the Military Construction Authorization Act for Fiscal Year 1994 
(division B of Public Law 103-160; 107 Stat. 1865), the Secretary of 
the Navy may carry out the military construction project at the Naval 
Supply Center, Pensacola, Florida, which involves construction of a 
cold storage facility at the installation and was originally authorized 
by section 2201(a) of the Military Construction Authorization Act for 
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1514).
    (b) Conforming Amendment.--Section 2205(a) of the Military 
Construction Authorization Act for Fiscal Year 1992 (division B of 
Public Law 102-190; 105 Stat. 1518), as amended by section 2205(b)(2) 
of the Military Construction Authorization Act for Fiscal Year 1994 
(division B of Public Law 103-160; 107 Stat. 1865), is further 
amended--
            (A) in the matter preceding the paragraphs, by striking out 
        ``$1,759,990,000'' and inserting in lieu thereof 
        ``$1,765,690,000''; and
            (B) in paragraph (1), by striking out ``$667,700,000'' and 
        inserting in lieu thereof ``$673,400,000''.

SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT NAVAL STATION, 
              FLORIDA.

    (a) Commencement of Design Activities.--At the conclusion of the 
facilities study prepared by the Secretary of the Navy to identify 
infrastructure improvements that would be necessary to provide Mayport 
Naval Station, Florida, with the capability to serve as a homeport for 
a nuclear powered aircraft carrier and the programmatic environmental 
impact study to identify environmental issues associated with such 
improvements, the Secretary shall begin design work for such military 
construction projects as may be necessary to provide for such a 
capability.
    (b) Rule of Construction.--Nothing in subsection (a) shall be 
construed as an authorization to the Secretary to proceed with the 
construction of facilities specifically designed to make Mayport Naval 
Station capable of serving as a homeport for a nuclear powered aircraft 
carrier.

                         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..............  Maxwell Air Force Base....     $9,600,000   
                           Maxwell Air Force Base                       
                            Annex....................      3,700,000   
                                                                        
    Alaska...............  Cape Lisburne Long Range                     
                            Radar Site...............     $2,800,000   
                                                                        
    Arizona..............  Davis Monthan Air Force        $1,400,000   
                            Base.                                       
                                                                        
    California...........  Beale Air Force Base......    $11,850,000   
                           Edwards Air Force Base....    $14,850,000   
                           McClellan Air Force Base..    $10,150,000   
                           Travis Air Force Base.....    $12,600,000   
                           Vandenberg Air Force Base.     $6,550,000   
                                                                        
    Colorado.............  Peterson Air Force Base...     $1,750,000   
                                                                        
    Delaware.............  Dover Air Force Base......    $10,500,000   
                                                                        
    Florida..............  Cape Canaveral Air Force      $10,450,000   
                            Station.                                    
                                                                        
    Georgia..............  Moody Air Force Base......    $13,400,000   
                           Robins Air Force Base.....    $21,200,000   
                                                                        
    Idaho................  Mountain Home Air Force        $4,950,000   
                            Base.                                       
                                                                        
    Illinois.............  Scott Air Force Base......     $2,700,000   
                                                                        
    Kansas...............  McConnell Air Force Base..       $500,000   
                                                                        
    Louisiana............  Barksdale Air Force Base..     $1,500,000   
                                                                        
    Maryland.............  Andrews Air Force Base....     $6,300,000   
                                                                        
    Mississippi..........  Columbus Air Force Base...    $10,000,000   
                           Keesler Air Force Base....    $11,240,000   
                                                                        
    Missouri.............  Whiteman Air Force Base...    $24,290,000   
                                                                        
    Montana..............  Malstrom Air Force Base...     $7,200,000   
                                                                        
    Nebraska.............  Offutt Air Force Base.....     $2,260,000   
                                                                        
    New Jersey...........  McGuire Air Force Base....    $17,000,000   
                                                                        
    New Mexico...........  Holloman Air Force Base...    $10,950,000   
                           Kirtland Air Force Base...     $3,200,000   
                                                                        
    North Carolina.......  Pope Air Force Base.......     $4,750,000   
                                                                        
    North Dakota.........  Grand Forks Air Force Base     $5,200,000   
                           Minot Air Force Base......    $10,350,000   
                                                                        
    Ohio.................  Wright-Patterson Air Force     $8,250,000   
                            Base.                                       
                                                                        
    Oklahoma.............  Altus Air Force Base......     $3,750,000   
                           Tinker Air Force Base.....    $20,443,000   
                           Vance Air Force Base......    $11,680,000   
                                                                        
    South Carolina.......  Charleston Air Force Base.    $11,400,000   
                                                                        
    South Dakota.........  Ellsworth Air Force Base..     $5,950,000   
                                                                        
    Tennessee............  Arnold Air Force Base.....     $1,900,000   
                                                                        
    Texas................  Brooks Air Force Base.....     $6,500,000   
                           Dyess Air Force Base......     $5,400,000   
                           Kelly Air Force Base......    $16,550,000   
                           Lackland Air Force Base...     $5,200,000   
                           Sheppard Air Force Base...     $3,300,000   
                                                                        
    Virginia.............  Langley Air Force Base....     $5,500,000   
                                                                        
    Washington...........  Fairchild Air Force Base..    $14,350,000   
                           McChord Air Force Base....    $10,400,000   
                                                                        
    Wyoming..............  F.E. Warren Air Force Base     $2,650,000   
                                                                        
    CONUS Classified.....  Classified Location.......     $2,141,000   
                                                                        
   -------------------------------------------------------------------  

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(a)(2), the 
Secretary of the Air Force may acquire real property and may carry out 
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                                        
                                                                        
  Germany.............................................  Ramstein Air Base.........................................
                                                        Spangdahlem Air Base......................................
                                                                        
  Greenland...........................................  Thule Air Base............................................
                                                                        
  Portugal............................................  Lajes Field, Azores.......................................
                                                                        
  United Kingdom......................................  Lakenheath Royal Air Force Base...........................
                                                                        
  Overseas Classified.................................  Classified Location.......................................
                                                                        
 -----------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire 
family housing units (including land acquisition) at the installations, 
for the purposes, and in the amounts set forth in the following table:

      

                        Air Force: Family Housing                       
                                                                        
                  State                             Installation        
                                                                        
  Alabama.............................  Maxwell Air Force Base..............
                                                                        
  Arizona.............................  Davis-Monthan Air Force Base........
                                                                        
  California..........................  Beale Air Force Base................
                                        Edwards Air Force Base..............
                                        Los Angeles Air Force Station.......
                                        Vandenberg Air Force Base...........
                                                                        
  District of Columbia................  Bolling Air Force Base..............
                                                                        
  Florida.............................  Patrick Air Force Base..............
                                                                        
  Idaho...............................  Mountain Home Air Force Base........
                                        Mountain Home Air Force Base........
                                                                        
  Kansas..............................  McConnell Air Force Base............
                                                                        
  Louisiana...........................  Barksdale Air Force Base............
                                                                        
  Missouri............................  Whiteman Air Force Base.............
                                                                        
  New Mexico..........................  Cannon Air Force Base...............
                                        Holloman Air Force Base.............
                                        Kirtland Air Force Base.............
                                                                        
  North Carolina......................  Pope Air Force Base.................
                                        Seymour Johnson Air Force Base......
                                                                        
  North Dakota........................  Grand Forks Air Force Base..........
                                                                        
  South Carolina......................  Shaw Air Force Base.................
                                                                        
  Texas...............................  Dyess Air Force Base................
                                                                        
  Utah................................  Hill Air Force Base.................
                                                                        
  Virginia............................  Langley Air Force Base..............
                                                                        
  Washington..........................  Fairchild Air Force Base............
                                                                        
  Wyoming.............................  F.E. Warren Air Force Base..........
                                                                        
 -----------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(a)(6)(A), the 
Secretary of the Air Force may carry out 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 $9,275,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(a)(6)(A), the Secretary of the Air Force may improve 
existing military family housing units in an amount not to exceed 
$61,770,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 1994, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Air Force in the total amount of 
$1,548,040,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $388,554,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $38,273,000.
            (3) For unspecified minor construction projects authorized 
        by section 2805 of title 10, United States Code, $7,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $49,386,000.
            (5) For the construction of the climatic test chamber at 
        Eglin Air Force Base, Florida, authorized by section 2301(a) of 
        the Military Construction Authorization Act for Fiscal Year 
        1993 (division B of Public Law 102-484; 106 Stat. 2594), 
        $20,000,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition of military 
                family housing and facilities, $243,482,000.
                    (B) For support of military housing (including 
                functions described in section 2833 of title 10, United 
                States Code), $801,345,000, of which not more than 
                $112,757,000 may be obligated or expended for leasing 
                of military family housing units worldwide.
    (b) Limitation on Total Cost of Construction Projects.--
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. REVISION OF FAMILY HOUSING PROJECT AT TYNDALL AIR FORCE 
              BASE, FLORIDA.

    The table in section 2302(a) of the Military Construction 
Authorization Act for Fiscal Year 1994 (division B of Public Law 103-
160; 107 Stat. 1869) is amended in the item relating to Tyndall Air 
Force Base, Florida, by striking out ``Infrastructure'' and inserting 
in lieu thereof ``45 units''.

SEC. 2306. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS AT TYNDALL 
              AIR FORCE BASE, FLORIDA, FOR WHICH FUNDS HAVE BEEN 
              APPROPRIATED.

    (a) Authorization.--The table in section 2301(a) of the Military 
Construction Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1867) is amended in the item relating to Tyndall Air 
Force Base, Florida, by striking out ``$2,600,000'' and inserting in 
lieu thereof ``$8,200,000''.
    (b) Conforming Amendment.--Section 2304(a) of such Act (107 Stat. 
1870) is amended--
            (1) in the matter preceding the paragraphs, by striking out 
        ``$2,040,031,000'' and inserting in lieu thereof 
        ``$2,045,631,000''; and
            (2) in paragraph (1), by striking out ``$877,539,000'' and 
        inserting in lieu thereof ``$883,139,000''.

SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3.

    Of the amount authorized to be appropriated under section 301(4) 
for the Air Force (and made available for real property maintenance), 
$10,000,000 shall be available to the Secretary of the Air Force to 
proceed with the modification of Air Force Plant No. 3, Tulsa, 
Oklahoma.

SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIREMENT OF MINUTEMAN II 
              MISSILES.

    Section 2307 of the Military Construction Authorization Act for 
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1775) is 
repealed.

                      TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(1), the Secretary of Defense may 
acquire real property and carry out military construction projects for 
the installations and locations inside the United States, and in the 
amounts, set forth in the following table:
      


               Defense Agencies: Inside the United States               
                                                                        
                    Agency                                Installation or location
                                                                        
  Defense Intelligence Agency...............  Bolling Air Force Base, Washington, D.C........
                                                                        
  Defense Logistics Agency..................  Defense Construction Supply Center, Columbus,
                                               Ohio..........................................
                                              Defense Contract Management Area Office, El
                                               Segundo, California...........................
                                              Defense Fuel Support Point, Craney Island,
                                               Virginia......................................
                                              Headquarters, Defense Logistics Agency, Ft.
                                               Belvoir, Virginia.............................
                                                                        
  Defense Medical Facility Office...........  Fort Dix, New Jersey...........................
                                              Fort McPherson, Georgia........................
                                              McClellan Air Force Base, California...........
                                                                        
  National Security Agency..................  Fort Meade, Maryland...........................
                                                                        
  Office Secretary of Defense...............  CONUS Classified, Classified Location..........
                                                                        
  Section 6 Schools.........................  Naval Surface Warfare Center, Virginia.........
                                                                        
  Special Operations Force..................  Eglin Auxiliary Field No. 9, Florida...........
                                              Kirtland Air Force Base, New Mexico............
                                              Naval Base Coronado, San Diego, California.....
                                                                        
 -----------------------------------------------------------------------

SEC. 2402. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(11)(A), the Secretary of Defense may 
construct or acquire family housing units (including land acquisition) 
at the location, for the purpose, and in the amount set forth in the 
following table:

      

                        Air Force: Family Housing                       
                                                                        
                 Country                               Agency           
                                                                        
  Belgium.............................  National Security Agency............
                                                                        
 -----------------------------------------------------------------------

SEC. 2403. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2835 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2405(a)(11)(A), the Secretary of Defense may improve existing 
military family housing units in an amount not to exceed $50,000.

SEC. 2404. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(8), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 10, 
United States Code.

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 1994, 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 $2,999,138,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $77,190,000.
            (2) For military construction projects at Portsmouth Naval 
        Hospital, Virginia, authorized by section 2401(a) of the 
        Military Construction Authorization Act for Fiscal Years 1990 
        and 1991 (division B of Public Law 101-189; 103 Stat. 1640), 
        $120,000,000.
            (3) For military construction projects at Elmendorf Air 
        Force Base, Alaska, hospital replacement, authorized by section 
        2401(a) of the Military Construction Authorization Act for 
        Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 
        2599), $66,000,000.
            (4) For military construction projects at Fort Bragg, North 
        Carolina, hospital replacement, authorized by section 2401(a) 
        of the Military Construction Authorization Act for Fiscal Year 
        1993 (division B of Public Law 102-484; 106 Stat. 2599), 
        $75,000,000.
            (5) For unspecified minor construction projects under 
        section 2805 of title 10, United States Code, $22,348,000.
            (6) For contingency construction projects of the Secretary 
        of Defense under section 2804 of title 10, United States Code, 
        $8,501,000.
            (7) For architectural and engineering services and for 
        construction design under section 2807 of title 10, United 
        States Code, $45,960,000.
            (8) For energy conservation projects authorized by section 
        2404, $50,000,000.
            (9) 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), $87,600,000.
            (10) 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), $2,417,148,000.
            (11) For military family housing functions:
                    (A) For construction and acquisition of military 
                family housing and facilities, $350,000.
                    (B) For support of military housing (including 
                functions described in section 2833 of title 10, United 
                States Code), $29,031,000, of which not more than 
                $24,051,000 may be obligated or expended for the 
                leasing of military family housing units worldwide.
    (b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost 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 subsection (a)(1) of this section.

SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL WEAPONS 
              STATION, CHARLESTON, SOUTH CAROLINA.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(9), the Secretary of the Navy shall 
transfer $3,000,000 to the South Carolina Department of Highways and 
Public Transportation to be used for improvements to North Rhett 
Avenue, which provides access to the Naval Weapons Station, Charleston, 
South Carolina, to help alleviate the adverse effects of the closure of 
the Charleston Naval Station and Charleston Naval Shipyard, South 
Carolina, on the surrounding communities.

      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, 1994, 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 $119,000,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    There are authorized to be appropriated for fiscal years beginning 
after September 30, 1994, 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, $145,067,000; and
                    (B) for the Army Reserve, $37,410,000.
            (2) For the Department of the Navy, for the Naval and 
        Marine Corps Reserve, $11,905,000.
            (3) For the Department of the Air Force--
                    (A) for the Air National Guard of the United 
                States, $210,212,000; and
                    (B) for the Air Force Reserve, $55,516,000.

SEC. 2602. PROHIBITION ON USING FUNDS FOR UNAUTHORIZED GUARD AND 
              RESERVE PROJECTS.

    Unless otherwise specifically authorized by a law enacted after the 
date of the enactment of this Act, funds appropriated pursuant to the 
authorization of appropriations in section 2601 may only be used for 
the purpose of paying for the costs of acquisition, architectural and 
engineering services, and construction of facilities for the Guard and 
Reserve Forces (and for contributions for such purposes) under chapter 
133 of title 10, United States Code, in the case of projects for the 
Guard and Reserve Forces specified in the joint explanatory statement 
of the committee of conference to accompany the bill H.R. 4301 of the 
One Hundred and Third Congress.

SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN 
              APPROPRIATED.

    Section 2601 of the Military Construction Authorization Act for 
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1878) is 
amended--
            (1) in paragraph (1), by striking out ``$283,483,000'' and 
        inserting in lieu thereof ``$289,398,000''; and
            (2) in paragraph (2), by striking out ``$25,013,000'' and 
        inserting in lieu thereof ``$33,713,000''.

SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT DIX, NEW JERSEY.

    Funds appropriated pursuant to the authorization of appropriations 
in section 2601(1)(A) of the Military Construction Authorization Act 
for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2602) 
for the renovation of facilities at Fort Dix, New Jersey, for the 
purpose of accommodating a consolidated New Jersey National Guard 
headquarters may also be used for additions and alterations to such 
facilities for the same purpose.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
              SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVI for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to the North 
Atlantic Treaty Organization Infrastructure program (and authorizations 
of appropriations therefor) shall expire on the later of--
            (1) October 1, 1997; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 1998.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Infrastructure program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 1997; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 1998 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 1992 
              PROJECTS.

    (a) Extensions.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1992 (division B of 
Public Law 102-190, 105 Stat. 1535), authorizations for the projects 
set forth in the tables in subsection (b), as provided in section 2101, 
2102, 2201, 2301, or 2601 of that Act, shall remain in effect until 
October 1, 1995, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 1996, whichever is 
later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:
      


             Army: Extension of 1992 Project Authorizations             
                                                                        
                  State                       Installation or location  
                                                                        
  Colorado............................  Fort Carson.........................
                                                                        
  Georgia.............................  Camp Merrill........................
                                                                        
                                        Fort Benning........................
                                                                        
  Oregon..............................  Umatilla Depot Activity.............
                                                                        
                                                                        
                                                                        
                                                                        
 -----------------------------------------------------------------------

      


             Navy: Extension of 1992 Project Authorizations             
                                                                        
                  State                       Installation or location  
                                                                        
  Mississippi.........................  Gulfport Naval Construction     
                                                                        
  West Virginia.......................  Green Bank Naval Observatory........
                                                                        
  Italy...............................  Sigonella Naval Air Station.........
                                                                        
  Outside United States...............  Various locations...................
                                                                        
 -----------------------------------------------------------------------

      


           Air Force: Extension of 1992 Project Authorization           
                                                                        
                  State                       Installation or location  
                                                                        
  Alaska..............................  Eareckson Air Force Station     
                                                                        
 -----------------------------------------------------------------------

      


      Army National Guard: Extension of 1992 Project Authorizations     
                                                                        
                  State                               Location          
                                                                        
  California..........................  Stockton............................
                                                                        
  District of Columbia................  Fort Belvoir........................
                                                                        
  Maryland............................  Cheltenham..........................
                                        Towson..............................
                                                                        
  Mississippi.........................  West Point..........................
                                        Tupelo..............................
                                        Senatobia...........................
                                                                        
  Nevada..............................  Washoe County.......................
                                                                        
  North Carolina......................  Camp Butner.........................
                                                                        
  Ohio................................  Toledo..............................
                                                                        
  Rhode Island........................  Camp Varnum.........................
                                        Camp Fogarty........................
                                                                        
  West Virginia.......................  Huntington..........................
                                                                        
 -----------------------------------------------------------------------

      


         Army Reserve: Extension of 1992 Project Authorizations         
                                                                        
                  State                               Location          
                                                                        
  Massachusetts.......................  Taunton.............................
                                                                        
  Ohio................................  Perrysburg..........................
                                                                        
  Pennsylvania........................  Johnstown...........................
                                                                        
  Tennessee...........................  Jackson.............................
                                                                        
  West Virginia.......................  Huntington..........................
                                                                        
 -----------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1991 
              PROJECTS.

    (a) Extensions.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B of 
Public Law 101-510, 104 Stat. 1782), the authorizations for the 
projects set forth in the tables in subsection (b), as provided in 
section 2201 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) and section 2702 of the 
Military Construction Authorization Act for Fiscal Year 1994 (division 
B of Public Law 103-160; 107 Stat. 1880), shall remain in effect until 
October 1, 1995, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 1996, whichever is 
later.
    (b) Table.--The tables referred to in subsection (a) is as follows:
      


              Navy: Extension of 1991 Project Authorization             
                                                                        
                  State                       Installation or location  
                                                                        
  Connecticut.........................  New London Naval Submarine Base.....
                                                                        
                                                                        
 -----------------------------------------------------------------------

      


        Defense Agencies: Extension of 1991 Project Authorization       
                                                                        
                  State                               location          
                                                                        
  Maryland............................  Defense Logistics Agency, Defense
                                                                        
 -----------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on 
the later of--
            (1) October 1, 1994; 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. STRENGTHENING MONETARY LIMITATION ON RENOVATION OF 
              FACILITIES.

    (a) Application of Limitation to Repairs.--Section 2811 of title 
10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``repair projects and'' after 
                ``carry out'';
                    (B) by striking out ``that combine maintenance, 
                repair, and minor construction projects''; and
                    (C) by adding at the end the following new 
                sentence: ``For purposes of this section, a repair 
                project combines maintenance and repair for a facility 
                and a renovation project combines maintenance, repair, 
                and minor construction projects.''; and
            (2) in subsection (b), by inserting ``repair project or'' 
        after ``such a''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:
``Sec. 2811. Repair or renovation of facilities''.
    (2) The item related to such section in the table of sections at 
the beginning of subchapter I of chapter 169 of title 10, United States 
Code, is amended to read as follows:

``2811. Repair or renovation of facilities.''.

SEC. 2802. NAVY HOUSING INVESTMENT AGREEMENTS.

    (a) Investment Agreements Authorized.--Subchapter II of chapter 169 
of title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 2837. 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) Selection of Investment Opportunities.--Any investment 
agreement under subsection (a) shall be made through the use of 
publicly advertised, competitively bid or competitively negotiated, 
contracting procedures, as provided in chapter 137 of this title.
    ``(d) 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 established under section 2838 of this title.
    ``(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 subsection (a).
    ``(3) In such amounts as is provided in advance in appropriation 
Acts, the Account shall be available for contracts, investments, and 
expenses necessary for the implementation of this section and section 
2838 of this title.
    ``(e) Report.--Not later than 60 days after the end of each fiscal 
year in which the Secretary carries out activities under this section, 
the Secretary shall transmit 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.
    ``(f) 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.
    ``(g) Expiration of Authority.--The authority of the Secretary to 
enter into an agreement under this section shall expire on September 
30, 1999.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2837. Investment agreements with private developers of housing.''.

SEC. 2803. NAVY HOUSING INVESTMENT BOARD.

    (a) Investment Board Authorized.--Subchapter II of chapter 169 of 
title 10, United States Code, is amended by inserting after section 
2837 (as added by section 2802) the following new section:
``Sec. 2838. 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. Among such members, the Secretary may appoint two persons 
from the private sector who have knowledge and experience in the 
financing and the construction of housing.
    ``(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 section 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 2837 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) Termination of Board.--The Navy Housing Investment Board 
shall terminate on November 30, 1999.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 2837 (as added by section 2802) the following new item:

``2838. Navy Housing Investment Board.''.

            Subtitle B--Defense Base Closure and Realignment

SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE PROCESS OF 
              ADVANCE ECONOMIC PLANNING UNDERTAKEN BY COMMUNITIES 
              ADJACENT TO MILITARY INSTALLATIONS.

    Section 2903(c)(3) 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: ``However, in 
recommending military installations for closure or realignment, the 
Secretary (and the Commission in reviewing such recommendations) shall 
not--
            ``(A) in calculating the economic impact of the closure or 
        realignment of a military installation, consider advance 
        economic planning undertaken by a community as a precaution 
        against the possible closure or realignment of the military 
        installation; or
            ``(B) otherwise penalize communities that undertake such 
        advance economic planning.''.

SEC. 2812. REPAYMENT OF STATE AND LOCAL COSTS INCURRED IN CONNECTION 
              WITH ESTABLISHMENT OF CERTAIN MILITARY INSTALLATIONS 
              SELECTED FOR CLOSURE.

    (a) Repayment Required on Account of Closure.--In such aggregate 
amount as may be provided in advance in appropriation Acts to carry out 
this section, the Secretary of Defense shall repay a State, county, or 
municipal entity (or an agency or political subdivision of any such 
entity) for any funds described in subsection (b) that were expended or 
obligated by such entity to assist the United States in establishing a 
military installation described in subsection (e). The amount repaid 
shall include interest, calculated at a rate that is the greater of the 
interest rate of any bonds issued and the interest rate of Federal 
Treasury notes.
    (b) Description of Funds To Be Repaid.--The funds referred to in 
subsection (a) that are required to be repaid shall include funds 
raised and bonds issued for the purposes of military construction, pier 
construction and improvement, land purchase, and infrastructure and 
utility improvements in direct support of the military installation to 
be closed.
    (c) Base On-Time Cost Report.--Any payment required to be made 
under subsection (a) with respect to a military installation shall be 
used in the calculation of the Base On-Time Cost Report used to 
determine the cost of closing the installation. A possible sale of 
assets at the installation may not be included in such calculation.
    (d) Prohibition of Certain Required Payments.--An entity described 
in subsection (a), or an agency or political subdivision of such an 
entity, may not be required to pay for the cost of any improvement at 
the military installation.
    (e) Military Installations Covered.--This section shall apply with 
respect to military installations--
            (1) for which construction in connection with the 
        establishment of the installation began on or after January 1, 
        1985; and
            (2) which were selected for closure on or after January 1, 
        1993.

SEC. 2813. LIMITATION ON SOURCES OF FUNDS AVAILABLE TO IMPLEMENT BASE 
              CLOSURES AND REALIGNMENTS.

    Section 2905(a)(1)(A) of the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note) is amended by striking out ``and may use'' and all that follows 
through ``maintenance;'' and inserting in lieu thereof ``and shall use 
for such purposes funds in the Account;''.

SEC. 2814. PROHIBITION ON TRANSFER OF CERTAIN PROPERTY LOCATED AT 
              MILITARY INSTALLATIONS TO BE CLOSED PENDING COMPLETION OF 
              REDEVELOPMENT PLANS.

    (a) Closures Under 1988 Act.--(1) Section 204(b)(3)(D) 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 sentence: ``Subject to 
subparagraphs (E) and (F), pending the completion of the redevelopment 
plan for the installation and approval of the redevelopment plan by the 
Secretary, the Secretary shall ensure that all items of personal 
property located at the installation are retained at the installation 
unless the redevelopment authority identifies such items as unnecessary 
to the reuse or redevelopment of the installation.''.
    (b) Closures Under 1990 Act.--Section 2905(b)(3)(D) of the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX of 
Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the 
end the following new sentence: ``Subject to subparagraphs (E) and (F), 
pending the completion of the redevelopment plan for the installation 
and approval of the redevelopment plan by the Secretary, the Secretary 
shall ensure that all items of personal property located at the 
installation are retained at the installation unless the redevelopment 
authority identifies such items as unnecessary to the reuse or 
redevelopment of the installation.''.

SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FUTURE MOBILIZATION 
              OPTIONS

    (a) Report Required.--The Secretary of Defense shall prepare a 
report evaluating the effect of base closures and realignments 
conducted since January 1, 1987, on the ability of the Armed Forces to 
remobilize to the end strength levels authorized for fiscal year 1987 
by sections 401, 403, 411, 412, and 421 of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 
3859). The report shall identify those military construction projects, 
if any, that would be necessary to facilitate such remobilization and 
any defense assets disposed of under a base closure or realignment, 
such as air space, that would be difficult to reacquire in the event of 
such remobilization.
    (b) Time for Submission.--Not later than January 1, 1995, the 
Secretary shall submit the report required by this section to Congress. 
Not later than September 30, 1995, the Secretary shall revise and 
resubmit the report to Congress to reflect the consequences of the 
closure or realignment of military installations selected for closure 
or realignment in 1995.

SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN EMPLOYEES IN 
              CONNECTION WITH CERTAIN BASE REALIGNMENTS.

    (a) Restoration Required.--Section 6304(d)(3) of title 5, United 
States Code, is amended--
            (1) by striking ``closure of'' and inserting ``closure of, 
        and any realignment with respect to,'';
            (2) by striking ``(3)'' and inserting ``(3)(A)''; and
            (3) by adding at the end the following new subparagraph:
    ``(B) For the purpose of subparagraph (A), the term `realignment' 
has the meaning given such term in section 2687(a)(2) of title 10.''.
    (b) Application of Amendments.--The amendments made by subsection 
(a) shall apply only with respect to the restoration of annual leave of 
employees at military installations undergoing realignment if such 
leave is lost by operation of section 6304 of title 5, United States 
Code, on or after the date of the enactment of this Act.

SEC. 2817. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED MILITARY 
              INSTALLATIONS.

        (a) Authorization To Rent Base Closure Properties.--To promote 
the rapid conversion of military installations that are closed pursuant 
to a base closure law, the Administrator of the General Services may 
give priority consideration, when leasing space in accordance with the 
Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) and the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et 
seq.), to facilities of such an installation that have been acquired by 
a non-Federal entity.
        (b) Base Closure Law Defined.--For purposes of this section, 
the term ``base closure law'' means the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
2687 note).

       Subtitle C--Changes to Existing Land Conveyance Authority

SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL SUPPLY CENTER, 
              OAKLAND, CALIFORNIA.

    Section 2834(b) the Military Construction Authorization Act for 
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2614) is 
amended--
            (1) is paragraph (1)--
                    (A) by striking out ``City'' the second place it 
                appears and inserting in lieu thereof ``Cities''; and
                    (B) by inserting ``the City of Alameda, 
                California,'' after ``California,'' the first place it 
                appears; and
            (2) in paragraphs (2) and (3), by striking out ``City'' 
        each place it appears and inserting in lieu thereof ``Cities''.

SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL MILITARY 
              RESERVATION, VIRGINIA.

    (a) Participating Political Subdivisions.--Subsection (c)(3) of 
section 603 of the Persian Gulf Conflict Supplemental Authorization and 
Personnel Benefits Act of 1991 (Public Law 102-25, 105 Stat. 107) is 
amended by striking out subparagraph (B) and inserting in lieu thereof 
the following new subparagraph:
    ``(B) Subparagraph (A) shall not be construed to prohibit any 
political subdivision not named in such subparagraph--
            ``(i) from initially participating in the written agreement 
        referred to in paragraph (2); or
            ``(ii) from agreeing at a later date to participate in the 
        regional correctional facility to be constructed and operated 
        on the parcel of land conveyed pursuant to this section either 
        as a member of the government or by contract with such 
        governmental entity.''.
    (b) Time for Construction and Operation.--Subsection (d)(1)(A) of 
such section is amended--
            (1) by striking out clause (i) and inserting in lieu 
        thereof the following new clause:
            ``(i) construction of a regional correctional facility 
        pursuant to the agreement referred to in subsection (c)(2) 
        commence not later than April 1, 1997;''; and
            (2) in clause (ii), by striking out ``five years after such 
        date'' and inserting in lieu thereof ``April 1, 2002''.

SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS, NAVAL WEAPONS 
              INDUSTRIAL RESERVE PLANT, NEW YORK, AS NATURE PRESERVE.

    (a) Preservation as Nature Preserve Required.--Section 2854 of the 
Military Construction Authorization Act for Fiscal Year 1993 (division 
B of Public Law 102-484, 106 Stat. 2626) is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (c) and (d); and
            (2) by inserting before subsection (c), as so redesignated, 
        the following new subsections:
    ``(a) Purpose.--It is the purpose of this section to ensure that 
the Calverton Pine Barrens is maintained and preserved, in perpetuity, 
as a nature preserve in its current undeveloped state.
    ``(b) Prohibition on Inconsistent Development.--The Secretary of 
the Navy shall not carry out or permit any development, commercial or 
residential, at the Calverton Pine Barrens that is inconsistent with 
the purpose specified in subsection (a).''.
    (b) Conforming Amendment.--Subsection (c) of such section, as 
redesignated by subsection (a)(1), is amended--
            (1) by striking out ``Prohibition.--'' and inserting in 
        lieu therefore ``Reversionary Interest.--''; and
            (2) by striking out ``for commercial purposes'' and all 
        that follows through the period and inserting in lieu thereof 
        ``in a manner inconsistent with the purpose specified in 
        subsection (a) (as determined by the head of the department or 
        agency making the conveyance).''.

SEC. 2824. RELEASE OF REVERSIONARY INTEREST RETAINED AS PART OF 
              CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM, FORT DIX, 
              NEW JERSEY.

    Section 2846 of the Military Construction Authorization Act for 
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1904) is 
amended--
            (1) by striking out subsection (f); and
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively.

                      Subtitle D--Land Conveyances

SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3, TULSA, OKLAHOMA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey, without consideration, to the City of Tulsa, Oklahoma (in this 
section referred to as the ``City''), all right, title, and interest of 
the United States in and to a parcel of real property, including any 
improvements thereon, which consists of approximately 337 acres located 
in Tulsa, Oklahoma, and is known as Air Force Plant No. 3. The 
Secretary may also convey facilities, equipment and fixtures (including 
special tooling and special test equipment) located on the parcel to be 
conveyed if the Secretary determines that manufacturing activities 
requiring the use of such equipment are likely to continue or be 
reinstated on the parcel after conveyance of the parcel.
    (b) Lease Authority.--Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary may 
lease the property, along with improvements thereon, to the City in 
exchange for security services, fire protection, and maintenance 
provided by the City for the property.
    (c) Condition of Conveyance.--The conveyance authorized under 
subsection (a) shall be subject to the condition that the City, 
directly or through an agreement with a public or private entity, shall 
use the conveyed property (or offer the conveyed property for use) for 
economic redevelopment to replace all or a part of the economic 
activity being lost at the parcel.
    (d) Reversionary Interest.--During the five-year period beginning 
on the date the Secretary makes the conveyance authorized under 
subsection (a), if the Secretary determines that the conveyed real 
property is not being used in accordance with subsection (c), all 
right, title, and interest in and to the property (including any 
facilities, equipment, or fixtures conveyed) shall revert to the United 
States, and the United States shall have the right of immediate entry 
onto the property. Any determination of the Secretary under this 
section shall be made on the record after an opportunity for a hearing.
    (e) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of such survey shall be borne by the City.
    (f) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) or a lease under subsection (b) as the Secretary 
considers appropriate to protect the interests of the United States.

SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59, JOHNSON CITY 
              (WESTOVER), NEW YORK.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey, without consideration, to the Broome County Industrial 
Development Authority (in this section referred to as the 
``Authority''), all right, title, and interest of the United States in 
and to a parcel of real property, including any improvements thereon, 
containing Air Force Plant No. 59, Johnson City (Westover), New York. 
The Secretary may also convey facilities, equipment and fixtures 
(including special tooling and special test equipment) located on the 
parcel to be conveyed if the Secretary determines that manufacturing 
activities requiring the use of such equipment are likely to continue 
or be reinstituted on the parcel after conveyance of the parcel.
    (b) Lease Authority.--Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary may 
lease the property, along with improvements thereon, to the Authority 
in exchange for security services, fire protection, and maintenance 
provided by the Authority for the property.
    (c) Condition of Conveyance.--The conveyance authorized under 
subsection (a) shall be subject to the condition that the Authority, 
directly or through an agreement with another public or private entity, 
shall use the conveyed property (or offer the conveyed property for 
use) for economic redevelopment to replace all or a part of the 
economic activity being lost at Air Force Plant No. 59.
    (d) Reversionary Interest.--During the five-year period beginning 
on the date the Secretary makes the conveyance authorized under 
subsection (a), if the Secretary determines that the conveyed real 
property is not being used in accordance with subsection (c), all 
right, title, and interest in and to the property (including any 
facilities, equipment, or fixtures conveyed) shall revert to the United 
States, and the United States shall have the right of immediate entry 
onto the property. Any determination of the Secretary under this 
section shall be made on the record after an opportunity for a hearing.
    (e) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of such survey shall be borne by the Authority.
    (f) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) or a lease under subsection (b) as the Secretary 
considers appropriate to protect the interests of the United States.

SEC. 2833. LAND CONVEYANCE, RADAR BOMB SCORING SITE, DICKINSON, NORTH 
              DAKOTA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey, without consideration, to the North Dakota Board of Higher 
Education (in this section referred to as the ``Board'') all right, 
title, and interest of the United States in and to a parcel of real 
property (including any improvements thereon) consisting of 
approximately 4 acres located in Dickinson, North Dakota, which has 
served as the location of a support complex, recreational facilities, 
and housing facilities for the Radar Bomb Scoring Site, Dickinson, 
North Dakota.
    (b) Condition of Conveyance.--The conveyance authorized under 
subsection (a) shall be subject to the condition that the Board--
            (1) use the property, recreational facilities, and housing 
        facilities conveyed under such subsection for housing, 
        recreation, and other purposes that, as determined by the 
        Secretary, will promote and enhance educational opportunities 
        provided by Dickinson State University; or
            (2) enter into an agreement with an appropriate public or 
        private entity to lease such property and facilities to that 
        entity for such uses.
    (c) Reversionary Interest.--If the Secretary determines at any time 
that the property conveyed under subsection (a) is not being used in 
accordance with subsection (b), all right, title, and interest in and 
to the conveyed property, including any improvements thereon, shall 
revert to the United States, and the United States shall have the right 
of immediate entry onto the property.
    (d) Description of Property.--The exact acreage and legal 
description of the property conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of such 
survey shall be borne by the Board.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2834. LAND CONVEYANCE, ARMY RESERVE FACILITY, RIO VISTA, 
              CALIFORNIA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey to 
the City of Rio Vista, California (in this section referred to as the 
``City''), all right, title, and interest of the United States in and 
to a parcel of real property (including improvements thereon) 
containing the Reserve training facility located in Rio Vista, 
California.
    (b) Condition of Conveyance.--The conveyance authorized under 
subsection (a) shall be subject to the condition that the City use the 
property for recreational purposes.
    (c) Consideration.--In recognition of the public use to which the 
conveyed property will be devoted, the Secretary may require the City 
to pay to the United States an amount equal to less than the fair 
market value of the property, as determined by the Secretary, as 
consideration for the conveyance under subsection (a).
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey that is satisfactory to the Secretary. The 
cost of such survey shall be borne by the City.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2835. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT, 
              CALVERTON, NEW YORK.

    (a) Conveyance Authorized.--To facilitate the economic 
redevelopment of appropriate portions of the Naval Weapons Industrial 
Reserve Plant located in Calverton, New York, the Secretary of the Navy 
may convey to an appropriate redevelopment authority (designated by the 
Secretary) all right, title, and interest of the United States in and 
to a parcel of real property, including any improvements thereon, 
consisting of approximately 2,900 acres comprising the fenced-in 
portion of the Naval Weapons Industrial Reserve Plant. The conveyance 
authorized under this subsection shall be made without consideration.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. Cost of 
such survey shall be borne by the State of New York or the 
redevelopment authority to whom the property is conveyed.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
authorized by subsection (b) as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 2836. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY, IMPERIAL 
              BEACH, CORONADO, CALIFORNIA.

    (a) Lease Authorized.--The Secretary of the Navy may lease to the 
Young Men's Christian Association of San Diego County, a California 
nonprofit public benefit corporation (in this section referred to as 
the ``YMCA''), such interests in a parcel of real property (including 
any improvements thereon) consisting of approximately 45 acres at the 
Naval Radio Receiving Facility, Imperial Beach, Coronado, California, 
as the Secretary considers appropriate for the YMCA to operate and 
maintain a summer youth residence camp known as the YMCA San Diego 
Unified Recreational Facility (Camp SURF). Pursuant to the lease, the 
Secretary may authorize the YMCA to construct facilities on the parcel.
    (b) Lease Terms.--The lease authorized in subsection (a) shall be 
for a period of 50 years, or such longer period as the Secretary 
determines to be in the best interests of the United States.
    (c) Consideration.--As consideration for the lease of real property 
under subsection (a), the YMCA shall--
            (1) agree to maintain and enhance the natural resources of 
        the leased premises; and
            (2) pay to the United States an amount in cash equal to the 
        difference between the rental price prescribed by the Secretary 
        under subsection (d) and the value of natural resources 
        maintenance and enhancements performed by the YMCA, as 
        determined by the Secretary.
    (d) Determination of Rental Price.--Acknowledging the benefits the 
YMCA has provided to the Armed Forces and the specific benefits Camp 
Surf provides to the children of San Diego, the Secretary may prescribe 
a rental price for the real property leased under subsection (a) that 
is less than fair market value.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the lease under 
subsection (a) as the Secretary considers necessary to protect the 
operation of the Naval Radio Receiving Facility, Imperial Beach, and to 
protect the interests of the United States.

SEC. 2837. RELEASE OF REQUIREMENTS AND REVERSIONARY INTEREST ON CERTAIN 
              PROPERTY IN BALTIMORE, MARYLAND.

    (a) Release Required.--The Secretary of Defense may release the 
requirements and the reversionary interest of the United States that 
are described in section 2 of the Act entitled ``An Act granting a site 
for a dry-dock in the city of Baltimore upon certain conditions.'', 
approved June 19, 1878 (Chapter 310; 20 Stat. 167).
    (b) Additional Terms and Conditions.--The Secretary may require 
such additional terms or conditions in connection with the release 
required under this section as the Secretary considers appropriate to 
protect the interests of the United States.
    (c) Instrument of Release.--The Secretary may execute and file in 
the appropriate office a deed of release, amended deed, or other 
appropriate instrument effectuating the release of the reversionary 
interest under this section.

SEC. 2838. RELEASE OF REVERSIONARY INTEREST ON CERTAIN PROPERTY IN YORK 
              COUNTY, JAMES CITY COUNTY, AND NEWPORT NEWS, VIRGINIA.

    (a) Release Authorized.--The Secretary of the Navy may release the 
reversionary interest of the United States in the real property 
conveyed by the deed described in subsection (b).
    (b) Deed Description.--The deed referred to in subsection (a) is a 
deed between the United States and the Commonwealth of Virginia dated 
August 17, 1966, which conveyed to the Commonwealth of Virginia certain 
parcels of land located in York County, James City County, and the city 
of Newport News, Virginia.
    (c) Additional Terms.--The Secretary may require such additional 
terms or conditions in connection with the release under this section 
as the Secretary considers appropriate to protect the interests of the 
United States and to ensure that the real property will continue to be 
used for a public purpose.
    (d) Instrument of Release.--The Secretary may execute and file in 
the appropriate office a deed of release, amended deed, or other 
appropriate instrument effectuating the release of the reversionary 
interest under this section.

SEC. 2839. TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT RADAR SITE, 
              HOLBROOK, ARIZONA.

    (a) Transfer Authorized.--As part of the closure of an Air Force 
radar site located near Holbrook, Arizona, the Secretary of the Air 
Force may transfer administrative jurisdiction of housing units used in 
connection with the site to the Secretary of the Interior for use as 
employee housing for the Petrified Forest National Park.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be transferred under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of the 
Air Force and the Secretary of the Interior.
    (c) Additional Terms and Conditions.--The Secretary of the Air 
Force may require such additional terms and conditions in connection 
with the transfer under subsection (a) as the Secretary considers 
appropriate.

SEC. 2840. LAND CONVEYANCE, FORT DIX, NEW JERSEY.

    (a) Conveyance Authorized.--The Secretary of the Army shall convey, 
without consideration, to the City of Edison, New Jersey (in this 
section referred to as the ``City''), all right, title, and interest of 
the United States in and to a parcel of real property (including 
improvements thereon) included on the real property inventory of Fort 
Dix, New Jersey, which consists of approximately 10 acres and contains 
recreational fields and an unused garage identified as building 1072 on 
the real property inventory.
    (b) Condition of Conveyance.--The conveyance required by subsection 
(a) shall be subject to the condition that the City--
            (1) maintain and use the recreational fields conveyed under 
        such subsection for recreational purposes; and
            (2) permit the women's softball team known as the Edison 
        Angels (and any successor to such team) to continue to use such 
        recreational fields on the same terms and conditions as 
        contained in the agreement between the team and the Secretary, 
        in existence on the date of the enactment of this Act.
    (c) Reversionary Interest.--All right, title, and interest of the 
City in and to the property conveyed under subsection (a) (including 
improvements thereon) shall revert to the United States, and the United 
States shall have the right of immediate reentry on the property, if 
the Secretary determines that the City is not complying with the 
conditions specified in subsection (b).
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the City.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2841. LAND CONVEYANCE, NAVAL SHIPYARD, VALLEJO, CALIFORNIA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey, 
without consideration, to the City of Vallejo, California (in this 
section referred to as the ``City''), all right, title, and interest of 
the United States in and to a parcel of real property (including 
improvements thereon) described in subsection (b), which is located on 
Mare Island in Vallejo, California, and is currently under the control 
of Mare Island Naval Shipyard Command.
    (b) Description of Property.--The parcel of real property to be 
conveyed under subsection (a) shall consist of all existing active 
dredge ponds and nontidal areas on Mare Island under the jurisdiction 
of the Navy, except that the parcel shall not include the nontidal 
areas identified in figure 3 of the Memorandum of Understanding between 
the United States Fish and Wildlife Service and Mare Island Naval 
Shipyard, dated July 28, 1988. The exact acreage and legal description 
of the real property to be conveyed shall be determined by a survey 
satisfactory to the Secretary. The cost of such survey shall be borne 
by the City.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

                       Subtitle E--Other Matters

SEC. 2851. AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT HUENEME, 
              CALIFORNIA, TO USE CERTAIN NAVY PROPERTY.

    (a) Joint Use Agreement Authorized.--The Secretary of the Navy may 
enter into an agreement with the Oxnard Harbor District, Port Hueneme, 
California, a special district of the State of California (in this 
section referred to as the ``District''), under which the District may 
use United States Navy Wharf Number 3 and associated real property 
comprising up to 25 acres located at the Naval Construction Battalion 
Center, Port Hueneme, California (in this section referred to as the 
``Center'').
    (b) Term of Agreement.--The agreement authorized under subsection 
(a) may be for an initial period of not more than 15 years. Under the 
agreement, the Secretary shall provide the District with an option to 
extend the agreement for three additional periods of five years each.
    (c) Conditions on Use.--The agreement authorized under subsection 
(a) shall require the District--
            (1) to suspend operations under the agreement in the event 
        Navy contingency operations are conducted at the Center; and
            (2) to use the property covered by the agreement in a 
        manner consistent with Navy operations conducted at the Center.
    (d) Consideration.--(1) As consideration for the use of the 
property covered by the agreement under subsection (a), the District 
shall pay to the Navy an amount equal to the fair market rental value 
of the property, as determined by the Secretary taking into 
consideration the District's use of the property.
    (2) The Secretary may include a provision in the agreement 
requiring the District--
            (A) to pay the Navy an amount (as determined by the 
        Secretary) to cover the costs of replacing at the Center any 
        facilities vacated by the Navy on account of the agreement or 
        to construct suitable replacement facilities for the Navy; and
            (B) to pay the Navy an amount (as determined by the 
        Secretary) for the costs of relocating Navy operations from the 
        vacated facilities to the replacement facilities.
    (e) Congressional Notification.--The Secretary may not enter into 
the agreement authorized by subsection (a) until the end of the 21-day 
period beginning on the date on which the Secretary submits to Congress 
a report containing an explanation of the terms of the proposed 
agreement and a description of the consideration that the Secretary 
expects to receive under the agreement.
    (f) Use of Payment.--(1) In such amounts as is provided in advance 
in appropriation Acts, the Secretary may use amounts paid under 
subsection (d)(1) to pay for general supervision, administration, and 
overhead expenses and for improvement, maintenance, repair, 
construction, or restoration to the port operations area (or to roads 
and railways serving the area) at the Center.
    (2) In such amounts as is provided in advance in appropriation 
Acts, the Secretary may use amounts paid under subsection (d)(2) to pay 
for constructing new facilities, or making modifications to existing 
facilities, that are necessary to replace facilities vacated by the 
navy on account of the agreement under subsection (a) and for 
relocating operations of the Navy from the vacated facilities to 
replacement facilities.
    (g) Construction by District.--The Secretary may authorize the 
District to demolish existing facilities located on the property 
covered by the agreement under subsection (a) and, consistent with the 
restriction specified in subsection (c)(2), construct new facilities on 
the property for joint use by the District and the Navy.
    (h) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the agreement 
authorized under subsection (a) as the Secretary considers appropriate 
to protect the interests of the United States.

SEC. 2852. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR DEFENSE 
              PERSONNEL.

    (a) Establishment.--The Secretary of Defense shall establish and 
conduct an education and training program for members of the Armed 
Forces and civilian employees of the Department of Defense whose 
responsibilities include planning or executing the environmental 
mission of the Department. The Secretary shall conduct the program to 
ensure that such members and employees obtain and maintain the 
knowledge and skill required to comply with existing environmental laws 
and regulations.
    (b) Identifying Environmental Training Centers.--As part of the 
program, the Secretary shall identify military facilities that have 
existing expertise (or the capacity to develop such expertise) in 
conducting education and training activities in various environmental 
disciplines. The Secretary may designate such facilities as national 
environmental training centers and shall encourage the use of such a 
center by members and employees referred to in subsection (a) who are 
not under the jurisdiction of the military department operating the 
center.

SEC. 2853. REPEAL OF RESTRICTION ON LAND TRANSACTIONS RELATING TO 
              PRESIDIO OF SAN FRANCISCO, CALIFORNIA.

    Section 2856 of the Military Construction Authorization Act for 
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1908) is 
repealed.

SEC. 2854. REPORT ON USE OF MILITARY INSTALLATIONS IN OKINAWA.

    (a) Report Required.--Not later than October 15, 1994, the 
Secretary of Defense shall submit a report to Congress regarding the 
United States military presence in Okinawa.
    (b) Content of Report.--The report required by this section shall 
contain the following:
            (1) A description and evaluation of United States security 
        needs in Okinawa.
            (2) An infrastructure inventory and utilization rate of 
        defense facilities in Okinawa.
            (3) An evaluation of the economic and environmental impact 
        that these facilities have on the citizens of Okinawa.
            (4) A description of any action that the Secretary of 
        Defense can undertake to affirmatively respond to requests from 
        the Okinawan Prefectural Government for the exchange or return 
        of lands held by the Secretary.
            (5) An evaluation of the extent to which the assistance of 
        the Government of Japan is required in order to close United 
        States military installations in Okinawa or exchange or return 
        of lands held by the Secretary in Okinawa.

SEC. 2855. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION EASEMENT.

    (a) Modification.--Section 6 of the Act of July 2, 1948 (62 Stat. 
1229), as added by section 2862 of the Military Construction 
Authorization Act for Fiscal Year 1991 (division B of Public Law 101-
510; 104 Stat. 1805), is amended by adding at the end the following new 
sentence: ``In addition, such height restriction shall not apply to the 
structure proposed to be constructed on a parcel of real property that 
is within the area conveyed under this Act and is identified as 1110 
Santa Rosa Boulevard, Fort Walton Beach, Florida, so long as the 
proposed structure upon completion does not exceed a height of 155 feet 
above mean low-water level.''.
    (b) Instrument of Release.--The Secretary of the Air Force shall 
execute and file in the appropriate office any instrument necessary to 
effect the modification of the avigation easement referred to in the 
amendment made by subsection (a).

SEC. 2856. CONTINUED OPERATION OF MILITARY MEDICAL TREATMENT FACILITY 
              AT K. I. SAWYER AIR FORCE BASE, MICHIGAN.

    (a) Sense of Congress.--In light of the large number of retired 
military personnel and their dependents who currently receive health 
care services at the military medical treatment facility located at K. 
I. Sawyer Air Force Base, Michigan, which was selected to be closed 
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), it is the 
sense of Congress that the Secretary of Defense and the Secretary of 
the Air Force should pursue all practicable options (including transfer 
of the facility to the jurisdiction of the Department of Veterans 
Affairs) necessary to keep the facility in operation to serve the 
health care needs of retired military personnel and their dependents.
    (b) Retired Military Personnel Defined.--For purposes of this 
section, the term ``retired military personnel'' means members and 
former members of the uniformed services who--
            (1) are entitled to retired or retainer pay, or equivalent 
        pay; and
            (2) are eligible to receive medical and dental care in 
        facilities of the uniformed services under section 1074(b) of 
        title 10, United States Code.

SEC. 2857. TECHNICAL AMENDMENT TO CORRECT REFERENCE IN LAND 
              TRANSACTION.

    Section 2842(c) of the Military Construction Authorization Act for 
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1898) is 
amended by striking out ``Washington Gas Company'' and inserting in 
lieu thereof ``American Water Company''.

SEC. 2858. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND DISPOSAL 
              OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS AT MILITARY 
              INSTALLATIONS.

    Section 2692(b) of title 10, United States Code, is amended--
            (1) by striking out ``and'' at the end of paragraph (7);
            (2) by striking out the period at the end of paragraph (8) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) The treatment and disposal of any material that is 
        not owned by the Department of Defense if the Secretary of the 
        military department concerned determines that the material is 
        required or generated by a private person in connection with 
        the authorized and compatible use by that person of an 
        industrial-type facility of that military department and the 
        Secretary enters into a contract with that person that is 
        consistent with the best interest of national defense and 
        economic and environmental security and is based on mutually 
        agreeable terms.''.

 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) Research and Development.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
research and development in carrying out weapons activities necessary 
for national security programs in the amount of $1,339,937,000, to be 
allocated as follows:
            (1) For core research and development, $795,251,000, to be 
        allocated as follows:
                    (A) For operating expenses, $653,341,000.
                    (B) For capital equipment, $69,420,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $72,490,000, to be 
                allocated as follows:
                            Project GPD-101, general plant projects, 
                        various locations, $8,500,000.
                            Project 95-D-102, CMR upgrades, Los Alamos 
                        National Laboratory, New Mexico, $3,300,000.
                            Project 94-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase V, various locations, 
                        $13,000,000.
                            Project 92-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase IV, various locations, 
                        $21,810,000.
                            Project 90-D-102, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase III, various locations, 
                        $4,900,000.
                            Project 88-D-106, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase II, various locations, 
                        $20,980,000.
            (2) For stockpile stewardship for operating expenses, 
        $152,419,000.
            (3) For inertial fusion, $176,473,000, to be allocated as 
        follows:
                    (A) For operating expenses, $166,755,000.
                    (B) For capital equipment, $9,718,000.
            (4) For technology transfer, $215,794,000, to be allocated 
        as follows:
                    (A) For operating expenses, $209,794,000.
                    (B) For capital equipment, $6,000,000.
    (b) Testing.--Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 1995 for testing in carrying out 
weapons activities necessary for national security programs in the 
amount of $192,300,000, to be allocated as follows:
            (1) For testing capabilities and readiness $186,000,000, to 
        be allocated as follows:
                    (A) For operating expenses, $150,000,000.
                    (B) For capital equipment, $15,000,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $21,000,000, to be 
                allocated as follows:
                            Project GPD-101, general plant projects, 
                        various locations, $4,000,000.
                            Project 93-D-102, Nevada support facility, 
                        North Las Vegas, Nevada, $17,000,000.
            (2) For Marshall Islands dose reconstruction, $6,300,000, 
        to be allocated as follows:
                    (A) For operating expenses, $5,830,000.
                    (B) For capital equipment, $470,000.
    (c) Stockpile Support.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
stockpile support in carrying out weapons activities necessary for 
national security programs in the amount of $1,605,556,000 to be 
allocated as follows:
            (1) For operating expenses for stockpile support, 
        $1,393,085,000.
            (2) For operating expenses for reconfiguration, 
        $94,271,000.
            (3) For capital equipment, $12,880,000.
            (4) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $105,320,000, to be allocated as follows:
                    Project 88-D-122, facilities capability assurance 
                program, various locations, $14,820,000.
                    Project GPD-121, general plant projects, various 
                locations, $1,000,000.
                    Project 95-D-122, sanitary sewer upgrade Y-12 
                Plant, Oak Ridge, Tennessee, $2,200,000.
                    Project 94-D-124, hydrogen fluoride supply system, 
                Oak Ridge Y-12 Plant, Oak Ridge, Tennessee, $6,300,000.
                    Project 94-D-125, upgrade life safety, Kansas City 
                Plant, Kansas City, Missouri, $1,000,000.
                    Project 94-D-127, emergency notification system, 
                Pantex Plant, Amarillo, Texas, $1,000,000.
                    Project 94-D-128, environmental safety and health 
                analytical laboratory, Pantex Plant, Amarillo, Texas, 
                $1,000,000.
                    Project 93-D-122, life safety upgrades, Y-12 Plant, 
                Oak Ridge, Tennessee, $5,000,000.
                    Project 88-D-123, security enhancements, Pantex 
                Plant, Amarillo, Texas, $15,000,000.
                    Project 93-D-123, complex-21, various locations, 
                $58,000,000.
    (d) Program Direction.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
program direction in carrying out weapons activities necessary for 
national security programs in the amount of $154,852,000, to be 
allocated as follows:
            (1) For weapons program direction, operating expenses, 
        $152,498,000.
            (2) For capital equipment, $2,354,000.
    (e) Adjustments.--The total amount authorized to be appropriated 
pursuant to this section is the sum of the amounts authorized to be 
appropriated in subsections (a) through (d) reduced by $89,276,000, for 
use of prior year balances.

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) Corrective Activities.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
corrective activities in carrying out environmental restoration and 
waste management activities necessary for national security programs 
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) for Project 92-D-403, tank upgrades 
project, Lawrence Livermore National Laboratory, California, $512,000.
    (b) Environmental Restoration.--(1) Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 1995 for 
environmental restoration for operating expenses in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $1,527,469,000.
    (2) The amount authorized to be appropriated pursuant to this 
subsection is the amount authorized to be appropriated in paragraph (1) 
reduced by $133,900,000, as a result of the productivity savings 
initiative.
    (c) Waste Management.--(1) Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for waste 
management in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $2,852,682,000, to be allocated as follows:
            (A) For operating expenses, $2,384,066,000.
            (B) For capital equipment, $104,790,000.
            (C) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $363,826,000, to be allocated as follows:
                    Project GPD-171, general plant projects, various 
                locations, $23,542,000.
                    Project 95-D-401, radiological support facilities, 
                Richland, Washington, $1,585,000.
                    Project 95-D-402, install permanent electrical 
                service, WIPP, $700,000.
                    Project 95-D-403, hazardous waste storage facility, 
                AL, $597,000.
                    Project 95-D-405, industrial landfill V and 
                construction demolition landfill VII, Y12 Plant, 
                Oakridge, Tennessee, $1,000,000.
                    Project 95-D-406, road 5-01 reconstruction, area 5, 
                Nevada, $2,338,000.
                    Project 95-D-407, 219-S secondary containment 
                upgrade, Richland, Washington, $2,000,000.
                    Project 95-D-408, Phase II liquid effluent 
                treatment and disposal, RL, $7,100,000.
                    Project 94-D-400, high explosive wastewater 
                treatment system, Los Alamos National Laboratory, Los 
                Alamos, New Mexico, $1,000,000.
                    Project 94-D-402, liquid waste treatment system, 
                Nevada Test Site, Nevada, $3,292,000.
                    Project 94-D-404, Melton Valley storage tank 
                capacity increase, Oak Ridge National Laboratory, Oak 
                Ridge, Tennessee, $21,373,000.
                    Project 94-D-406, low-level waste disposal 
                facilities, K-25, Oak Ridge, Tennessee, $6,000,000.
                    Project 94-D-407, initial tank retrieval systems, 
                Richland, Washington, $17,700,000.
                    Project 94-D-408, office facilities--200 East, 
                Richland, Washington, $4,000,000.
                    Project 94-D-411, solid waste operation complex, 
                Richland, Washington, $42,200,000.
                    Project 94-D-416, solvent storage tanks 
                installation, Savannah River, South Carolina, 
                $1,700,000.
                    Project 94-D-417, intermediate-level and low-
                activity waste vaults, Savannah River, South Carolina, 
                $300,000.
                    Project 93-D-174, plant drain waste water treatment 
                upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000.
                    Project 93-D-178, building 374 liquid waste 
                treatment facility, Rocky Flats, Golden, Colorado, 
                $3,300,000.
                    Project 93-D-181, radioactive liquid waste line 
                replacement, Richland, Washington, $3,300,000.
                    Project 93-D-182, replacement of cross-site 
                transfer system, Richland, Washington, $14,810,000.
                    Project 93-D-183, multi-tank waste storage 
                facility, Richland, Washington, $88,605,000.
                    Project 93-D-187, high-level waste removal from 
                filled waste tanks, Savannah River, Aiken, South 
                Carolina, $26,525,000.
                    Project 92-D-177, tank 101-AZ waste retrieval 
                system, Richland, Washington, $5,000,000.
                    Project 92-D-188, waste management ES&H, and 
                compliance activities, various locations, $2,846,000.
                    Project 91-D-171, waste receiving and processing 
                facility, module 1, Richland, Washington, $3,995,000.
                    Project 90-D-172, aging waste transfer line, 
                Richland, Washington, $3,819,000.
                    Project 90-D-177, RWMC transuranic (TRU) waste 
                characterization and storage facility, Idaho National 
                Engineering Laboratory, Idaho, $1,747,000.
                    Project 90-D-178, TSA retrieval enclosure, ID, 
                $7,594,000.
                    Project 89-D-173, tank farm ventilation upgrade, 
                Richland, Washington, $300,000.
                    Project 89-D-174, replacement high-level waste 
                evaporator, Savannah River, South Carolina, 
                $18,000,000.
                    Project 86-D-103, decontamination and waste 
                treatment facility, Lawrence Livermore National 
                Laboratory, California, $5,900,000.
                    Project 83-D-148, nonradioactive hazardous waste 
                management, Savannah River, South Carolina, $6,000,000.
                    Project 81-T-105, defense waste processing 
                facility, Savannah River, South Carolina, $45,058,000.
    (2) The total amount authorized to be appropriated pursuant to this 
subsection is the sum of the amounts authorized to be appropriated in 
paragraph (1) reduced by $160,800,000, as a result of the productivity 
savings initiative.
    (d) Technology Development.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
technology development in carrying out environmental restoration and 
waste management activities necessary for national security programs in 
the amount of $426,409,000, to be allocated as follows:
            (1) For operating expenses, $386,974,000.
            (2) For capital equipment, $25,435,000.
            (3) 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), for Project 
        95-E-600, Hazardous materials training center, Richland, 
        Washington, $14,000,000.
    (e) Transportation Management.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
transportation management in carrying out environmental restoration and 
waste management activities necessary for national security programs in 
the amount of $20,684,000, to be allocated as follows:
            (1) For operating expenses, $20,240,000.
            (2) For capital equipment, $444,000.
    (f) Program Direction.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
program direction in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $84,948,000, to be allocated as follows:
            (1) For operating expenses, $83,748,000.
            (2) For capital equipment, $1,200,000.
    (g) Facility Transition and Management.--(1) Funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for facility transition and management in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $795,857,000, to be 
allocated as follows:
            (A) For operating expenses, $685,550,000.
            (B) For capital equipment, $23,947,000.
            (C) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $86,360,000, to be allocated as follows:
                    Project GPD-171, general plant projects, various 
                locations, $20,495,000.
                    Project 95-D-453, primary highway route north of 
                the Wye Barricade, Richland, Washington, $2,500,000.
                    Project 95-D-454, 324 facility compliance/
                renovation, Richland, Washington, $1,500,000.
                    Project 95-D-455, Idaho National Engineering 
                Laboratory radio communications upgrade, Idaho National 
                Engineering Laboratory, Idaho, $1,440,000.
                    Project 95-D-456, Security facilities upgrade, 
                Idaho chemical processing plant, Idaho National 
                Engineering Laboratory, Idaho, $986,000.
                    Project 94-D-122, underground storage tanks, Rocky 
                Flats, Colorado, $2,500,000.
                    Project 94-D-401, emergency response facility, 
                Idaho National Engineering Laboratory, Idaho, 
                $5,219,000.
                    Project 94-D-412, 300 area process sewer piping 
                system upgrade, Richland, Washington, $7,800,000.
                    Project 94-D-415, Idaho National Engineering 
                Laboratory medical facilities, Idaho National 
                Engineering Laboratory, Idaho, $4,920,000.
                    Project 94-D-451, infrastructure replacement, Rocky 
                Flats Plant, Golden, Colorado, $10,600,000.
                    Project 93-D-172, electrical upgrade, Idaho 
                National Engineering Laboratory, Idaho, $7,800,000.
                    Project 93-D-184, 325 facility compliance/
                renovation, Richland, Washington, $1,000,000.
                    Project 93-D-186, 200 area unsecured core area 
                fabrication shop, Richland, Washington, $4,000,000.
                    Project 92-D-125, Master safeguards and security 
                agreement/materials surveillance task force security 
                upgrades, Rocky Flats Plant, Golden, Colorado, 
                $2,100,000.
                    Project 92-D-181, INEL fire and life safety 
                improvements, Idaho National Engineering Laboratory, 
                Idaho, $6,000,000.
                    Project 92-D-182, INEL sewer system upgrade, Idaho 
                National Engineering Laboratory, Idaho, $1,900,000.
                    Project 92-D-186, steam system rehabilitation, 
                phase II, Richland, Washington, $5,600,000.
    (2) The total amount authorized to be appropriated pursuant to this 
subsection is the sum of the amounts authorized to be appropriated in 
paragraph (1) reduced by $5,000,000, as a result of the productivity 
savings initiative.
    (h) Prior Year Balances.--The total amount authorized to be 
appropriated pursuant to this section is the sum of the amounts 
authorized to be appropriated in subsections (a) through (g) reduced by 
$240,300,000, for use of prior year balances.

SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS.

    (a) Materials Support.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for 
materials support in carrying out nuclear materials support necessary 
for national security programs in the amount of $910,255,000, to be 
allocated as follows:
            (1) For reactor operations, $163,634,000.
            (2) For processsing of nuclear materials, $410,468,000.
            (3) For supporting services, $167,776,000.
            (4) For capital equipment, $52,427,000.
            (5) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $59,950,000, to be allocated as follows:
                    Project 95-D-154, Health physics site support 
                facility, Savannah River, South Carolina, $2,000,000.
                    Project 93-D-147, domestic water system upgrade, 
                Phases I and II, Savannah River, South Carolina, 
                $11,300,000.
                    Project 93-D-148, replace high-level drain lines, 
                Savannah River, South Carolina, $2,700,000.
                    Project 93-D-152, environmental modification for 
                production facilities, Savannah River, South Carolina, 
                $2,900,000.
                    Project 92-D-143, health protection instrument 
                calibration facility, Savannah River, South Carolina, 
                $3,000,000.
                    Project 90-D-149, plantwide fire protection, Phases 
                I and II, Savannah River, South Carolina, $5,000,000.
                    Project GPD-146, general plant projects, various 
                locations, $21,000,000.
                    Project 95-D-155, upgrade site road infrastructure, 
                Savannah River, South Carolina, $750,000.
                    Project 95-D-156, radio trunking system, Savannah 
                River, South Carolina, $2,100,000.
                    Project 95-D-157, D-area powerhouse life extension, 
                Savannah River, South Carolina, $4,000,000.
                    Project 92-D-150, operations support facilities, 
                Savannah River, South Carolina, $2,000,000.
                    Project 92-D-153, engineering support facility, 
                Savannah River, South Carolina, $3,200,000.
            (6) For program direction, $56,000,000.
    (b) Other Defense Programs.--Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1995 for other 
defense programs in carrying out nuclear materials support and other 
defense programs necessary for national security programs in the amount 
of $691,204,000, to be allocated as follows:
            (1) For verification and control technology, $352,102,000, 
        to be allocated as follows:
                    (A) For operating expenses, $336,229,000.
                    (B) For capital equipment, $15,873,000.
            (2) For nuclear safeguards and security, $85,816,000, to be 
        allocated as follows:
                    (A) For operating expenses, $82,421,000.
                    (B) For capital equipment, $3,395,000.
            (3) For security investigations, $38,827,000.
            (4) For security evaluations, $14,780,000.
            (5) For the Office of Nuclear Safety, $24,679,000, to be 
        allocated as follows:
                    (A) For operating expenses, $24,629,000.
                    (B) For capital equipment, $50,000.
            (6) For worker and community transition, $125,000,000.
            (7) For fissile material control and disposition, 
        $50,000,000.
    (c) Naval Reactors.--Funds are hereby authorized to be appropriated 
to the Department of Energy for fiscal year 1995 for naval reactors in 
carrying out nuclear materials support and other defense programs 
necessary for national security programs in the amount of $730,651,000, 
to be allocated as follows:
            (1) For naval reactors development, $698,651,000, to be 
        allocated as follows:
                    (A) For operating expenses:
                            (i) For plant development, $146,700,000.
                            (ii) For reactor development, $348,951,000.
                            (iii) For reactor operation and evaluation, 
                        $136,000,000.
                            (iv) For program direction, $18,800,000.
                    (B) For capital equipment, $28,200,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $20,000,000, to be 
                allocated as follows:
                            Project GPN-101, general plant projects, 
                        various locations, $6,200,000.
                            Project 95-D-200, laboratory systems and 
                        hot cell upgrades, various locations, 
                        $2,400,000.
                            Project 95-D-201, Advanced test reactor 
                        radioactive waste system upgrades, Idaho 
                        National Engineering Laboratory, Idaho, 
                        $700,000.
                            Project 93-D-200, Engineering services 
                        facilities, Knolls Atomic Power Laboratory, 
                        Niskayuna, New York, $7,900,000.
                            Project 92-D-200, laboratories facilities 
                        upgrades, various locations, $2,800,000.
            (2) For enrichment materials for operating expenses, 
        $32,000,000.
    (d) Adjustments.--The total amount that may be appropriated 
pursuant to this section is the sum of the amounts authorized to be 
appropriated in subsections (a), (b), and (c) reduced by--
            (1) $40,000,000, for recovery of overpayment to the 
        Savannah River Pension Fund; and
            (2) $343,406,000, for use of prior year balances for 
        materials support and other defense programs.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1995 for payment to the Nuclear Waste Fund 
established in section 302(c) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(c)) in the amount of $129,430,000.

                Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

    (a) In General.--Until the Secretary of Energy submits to the 
congressional defense committees the report referred to in subsection 
(b) and 30 days has elapsed after the date on which such committees 
receive the report, the Secretary may not use amounts appropriated 
pursuant to this title for any program--
            (1) in amounts that exceed, in a fiscal year--
                    (A) 102 percent of the amount authorized for that 
                program by this title; or
                    (B) $1,000,000 more than the amount authorized for 
                that program by this title; or
            (2) which has not been presented to, or requested of, the 
        Congress.
    (b) Report; Computation of Deadline for Submission.--(1) The report 
referred to in subsection (a) is a report containing a full and 
complete statement of the action proposed to be taken and the facts and 
circumstances relied upon in support of such proposed action.
    (2) In the computation of the 30-day period under subsection (a), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (c) Limitations.--(1) In no event may the total amount of funds 
obligated pursuant to this title exceed the total amount authorized to 
be appropriated by this title.
    (2) Funds appropriated pursuant to this title may not be used for 
an item for which the Congress has specifically denied funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

    (a) In General.--The Secretary of Energy may carry out any 
construction project under the general plant projects provisions 
authorized by this title if the total estimated cost of the 
construction project does not exceed $2,000,000.
    (b) Report to Congress.--If, at any time during the construction of 
any general plant project authorized by this title, the estimated cost 
of the project is revised because of unforeseen cost variations and the 
revised cost of the project exceeds $2,000,000, the Secretary shall 
immediately furnish a complete report to the congressional defense 
committees explaining the reasons for the cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

    (a) In General.--(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or additional 
obligations incurred in connection with the project above the total 
estimated cost, whenever the current estimated cost of the construction 
project, which is authorized by section 3101, 3102, or 3103, or which 
is in support of national security programs of the Department of Energy 
and was authorized by any previous Act, exceeds by more than 25 percent 
the higher of--
            (A) the amount authorized for the project; or
            (B) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to the Congress.
    (2) An action described in paragraph (1) may be taken if--
            (A) the Secretary of Energy has submitted to the 
        congressional defense committees a report on the action and the 
        circumstances making such action necessary; and
            (B) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (3) In the computation of the 30-day period under paragraph (2), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 calendar days 
to a day certain.
    (b) Exception.--Subsection (a) shall not apply to any construction 
project which has a current estimated cost of less than $5,000,000.

SEC. 3124. TRANSFER AUTHORITY.

    (a) Transfer to Other Federal Agencies.--The Secretary of Energy 
may transfer funds authorized to be appropriated to the Department of 
Energy pursuant to this title to other Federal agencies for the 
performance of work for which the funds were authorized. Funds so 
transferred may be merged with and be available for the same purposes 
and for the same time period as the authorizations of the Federal 
agency to which the amounts are transferred.
    (b) Transfer Within Department of Energy; Limitations.--(1) Except 
as provided in paragraph (2), the Secretary of Energy may transfer 
funds authorized to be appropriated to the Department of Energy 
pursuant to this title between any such authorizations. Amounts of 
authorizations so transferred may be merged with and be available for 
the same purposes and for the same time period as the authorization to 
which the amounts are transferred.
    (2) Not more than five percent of any such authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than five percent 
by a transfer under such paragraph.
    (3) The authority provided by this section to transfer 
authorizations--
            (A) may only be used to provide funds for items that have a 
        higher priority than the items from which the funds are 
        transferred; and
            (B) may not be used to provide authority for an item that 
        has been denied funds by the Congress.
    (c) Notice to Congress.--The Secretary of Energy shall promptly 
notify the Congress of transfers made under the authority of this 
section.

SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

    (a) In General.--(1) Within the amounts authorized by this title 
for plant engineering and design, the Secretary of Energy may carry out 
advance planning and construction design (including architectural and 
engineering services) in connection with any proposed construction 
project if the total estimated cost for such planning and design does 
not exceed $2,000,000.
    (2) In the case of any project in which the total estimated cost 
for advance planning and design exceeds $300,000, the Secretary shall 
notify the congressional defense committees in writing of the details 
of such project at least 30 days before any funds are obligated for 
design services for such project.
    (b) Specific Authority Required.--In any case in which the total 
estimated cost for advance planning and construction design in 
connection with any construction project exceeds $2,000,000, funds for 
such planning and design must be specifically authorized by law.

SEC. 3126. REQUIREMENT OF CONCEPTUAL DESIGN FOR REQUEST OF CONSTRUCTION 
              FUNDS.

    (a) Requirement of Conceptual Design.--The Secretary of Energy may 
not make a request to the Congress for funds for a construction project 
which is in support of national security programs of the Department of 
Energy until the Secretary submits to the congressional defense 
committees a conceptual design for that project.
    (b) Exception.--The requirement of subsection (a) does not apply to 
emergency planning, design, and construction activities under section 
3127.

SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION 
              ACTIVITIES.

    (a) Authority.--The Secretary of Energy may use any funds available 
to the Department of Energy, including those funds authorized to be 
appropriated for advance planning and construction design under 
sections 3101, 3102, and 3103, to perform planning, design, and 
construction activities for any Department of Energy defense activity 
construction project that, as determined by the Secretary, must proceed 
expeditiously in order to protect public health and safety, meet the 
needs of national defense, or protect property.
    (b) Limitation.--The Secretary may not exercise the authority under 
subsection (a) in the case of any construction project until the 
Secretary has submitted to the congressional defense committees a 
report on the activities that the Secretary intends to carry out under 
this section and the circumstances making such activities necessary.
    (c) Specific Authority.--The requirement of section 3125(b) does 
not apply to emergency planning, design, and construction activities 
conducted under this section.
    (d) Report.--The Secretary of Energy shall promptly report to the 
congressional defense committees any exercise of authority under this 
section.

SEC. 3128. 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. 3129. AVAILABILITY OF FUNDS.

    When so specified in an appropriation Act, amounts appropriated for 
operating expenses, plant projects, and capital equipment may remain 
available until expended.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING PROGRAM.

    (a) Conduct of Program.--(1) As part of the stockpile stewardship 
program established in section 3138 of the National Defense 
Authorization Act for Fiscal Year 1994 (42 U.S.C. 2121 note), the 
Secretary of Energy shall conduct a stockpile stewardship recruitment 
and training program at the Sandia National Laboratories, the Lawrence 
Livermore National Laboratory, and the Los Alamos National Laboratory.
    (2) The recruitment and training program shall be conducted in 
coordination with the Chairman of the Nuclear Weapons Council 
established in section 179 of title 10, United States Code, and the 
directors of the laboratories referred to in paragraph (1).
    (b) Support of Dual-Use Programs.--(1) As part of the recruitment 
and training program, the directors of the laboratories referred to in 
subsection (a)(1) may hire undergraduate students, graduate students, 
and postdoctoral fellows and sponsor research conducted by such 
individuals for military or nonmilitary dual-use programs related to 
nuclear weapons stockpile stewardship.
    (2) Of amounts appropriated to the Secretary of Energy pursuant to 
section 3101(a)(1) for weapons activities for core research and 
development and allocated by the Secretary for education initiatives, 
$5,000,000 shall be made available for carrying out paragraph (1). The 
amount made available under this paragraph shall be allocated equally 
among the laboratories referred to in subsection (a)(1).
    (c) Establishment of Retiree Corps.--As part of the training and 
recruitment program, the Secretary, in coordination with the directors 
of the laboratories referred to in subsection (a)(1), shall establish a 
retiree corps for the laboratories under which the directors shall hire 
on a part-time basis retired scientists who have expertise in the 
research and development of nuclear weapons to provide appropriate 
assistance on nuclear weapons issues, to contribute relevant 
information to be archived, and to help to provide training to other 
scientists.
    (d) Report.--(1) Not later than February 1, 1995, the Secretary of 
Energy shall submit to the congressional defense committees a report on 
the personnel demographic trends at the laboratories referred to in 
subsection (a)(1) and on actions taken by the Department of Energy to 
remedy identified shortfalls in various skill areas.
    (2) The report shall be prepared in coordination with the Chairman 
of the Nuclear Weapons Council and the directors of the laboratories. 
Information included in the report shall be aggregated and compiled 
into statistical categories.
    (3) The report shall include the following:
            (A) An inventory of the weapons-related tasks that the 
        laboratories need to perform to support their nuclear weapons 
        responsibilities.
            (B) An inventory of the skills necessary to complete the 
        weapons-related tasks referred to in subparagraph (A).
            (C) For each laboratory, a specification of the number of 
        scientists needed in each skill area to perform such tasks.
            (D) A statement of the number of scientists in each skill 
        area at each laboratory, by age.
            (E) An assessment of which skill areas are understaffed.
            (F) A statement of the number of scientists entering the 
        weapons program at each laboratory, and their skill areas.
            (G) A statement of the number of full-time equivalent 
        personnel with weapon skills, their distribution by skill and, 
        for each such skill, their distribution by age.
            (H) A statement of the number of scientists retiring from 
        the weapons program and the skill areas in which they worked in 
        the year preceding their retirement.
            (I) Based on the information contained in subparagraphs (A) 
        through (H), a projection of what areas will become 
        understaffed in the five years following the date of the 
        submission of the report.
            (J) A statement of alternatives for retaining and 
        recruiting scientists for the weapons programs at the 
        laboratories in order to preserve a sufficient skill base and 
        to fulfill stockpile stewardship responsibilities.
            (K) The recommendations of the Secretary for implementing 
        any of the alternatives referred to in subparagraph (J).

SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.

    Of the funds authorized to be appropriated by this title to the 
Department of Energy for fiscal year 1995, $176,473,000 shall be 
available for the defense inertial confinement fusion program, of 
which--
            (1) not less than $20,765,000 shall be available for 
        program activities at the University of Rochester, Rochester, 
        New York; and
            (2) not less than $8,750,000 shall be available for program 
        activities at the Naval Research Laboratory, Washington, 
        District of Columbia.

SEC. 3133. PAYMENT OF PENALTIES.

    The Secretary of Energy may pay to the Hazardous Substances 
Response Trust, from funds appropriated to the Department of Energy for 
environmental restoration and waste management activities pursuant to 
section 3102, stipulated civil penalties assessed under the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) in amounts as follows:
            (1) $50,000, assessed against the Fernald Environmental 
        Management Project, Ohio, under such Act.
            (2) $50,000, assessed against the Portsmouth Gaseous 
        Diffusion Plant, Ohio, under such Act.

SEC. 3134. WATER MANAGEMENT PROGRAMS.

    From funds authorized to be appropriated pursuant to section 3102 
to the Department of Energy for environmental restoration and waste 
management activities, the Secretary of Energy may reimburse the cities 
of Westminster, Broomfield, Thornton, and Northglenn, in the State of 
Colorado, $11,415,000 for the cost of implementing water management 
programs. Reimbursements for the water management programs shall not be 
considered a major Federal action for purposes of section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).

SEC. 3135. WORKER PROTECTION AT NUCLEAR WEAPONS FACILITIES.

    Of the funds authorized to be appropriated by this title to the 
Department of Energy for fiscal year 1995 for waste management 
activities for environmental restoration and waste management 
activities necessary for national security programs, $11,000,000 shall 
be available to carry out activities authorized under section 3131 of 
the National Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 42 U.S.C. 7274d), relating to worker protection at 
nuclear weapons facilities.

SEC. 3136. WORKER HEALTH AND PROTECTION.

    Of amounts appropriated to the Department of Energy for fiscal year 
1995 pursuant to section 3101 for weapons activities for operating 
expenses, $2,500,000 shall be available for activities relating to the 
Hanford health information network established pursuant to the 
authority set forth in section 3138 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1834).

SEC. 3137. LIMITATION ON USE OF PROGRAM DIRECTION FUNDS.

    The Secretary of Energy may not obligate more than 50 percent of 
the funds appropriated pursuant to this title for fiscal year 1995 for 
operating expenses for program direction in carrying out environmental 
restoration and waste management activities necessary for national 
security programs until the Secretary submits to the Congress the 
reports required to be submitted under subsections (a) and (d) of 
section 3153 of the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103-160; 107 Stat. 1950) in the year during which that 
fiscal year ends.

SEC. 3138. LIMITATION ON USE OF FUNDS FOR NEW CONSTRUCTION PROJECTS.

    The Secretary of Energy may not obligate or expend funds 
appropriated for a new construction project until the Secretary has 
approved a conceptual design for that project. In this section, the 
term ``new construction project'' means a construction project 
necessary for national security programs of the Department of Energy 
for which funds were initially requested for fiscal year 1995.

SEC. 3139. LIMITATION ON USE OF FUNDS FOR SPECIAL ACCESS PROGRAMS.

    None of the funds appropriated or otherwise made available to the 
Department of Energy for fiscal year 1995 pursuant to this title may be 
obligated for a limited access program or special access program until 
the Secretary of Energy submits to the congressional defense committees 
the report required under section 93 of the Atomic Energy Act of 1954 
(42 U.S.C. 2122a).

SEC. 3140. PROHIBITION ON PREFINANCING.

    The Secretary of Energy may not set aside funds appropriated to the 
Secretary for national security programs for any fiscal year for the 
purpose of retaining personnel of the Department of Energy in the event 
that there is a lapse of funds appropriated for such purpose for the 
following fiscal year.

SEC. 3141. INTERNATIONAL CENTER FOR APPLIED RESEARCH.

    (a) Establishment.--(1) The Secretary of Energy shall establish an 
International Center for Applied Research to promote the following 
activities:
            (A) The application in the United States of hydrogen 
        technology research derived from tritium production.
            (B) The development of beneficial uses of nuclear 
        materials.
            (C) The research and development of innovative methods for 
        the treatment and disposal of nuclear materials.
            (D) The development of specifications for the 
        decommissioning of nuclear materials.
            (E) The research and development of any technologies that 
        the Secretary considers appropriate and that are likely to be 
        commercialized.
    (2) The Center shall be established at a Department of Energy 
nuclear weapon production facility at which the Secretary has 
successfully demonstrated environmental technologies as part of the 
Integrated Demonstration for Volatile Organic Compounds Program 
conducted by the Secretary.
    (3) The Center shall be operated by a nonprofit entity established 
by State statute to accomplish economic development through applied 
science and technology that, as determined by the Secretary--
            (A) has demonstrated successful management of diverse teams 
        of organizations who have technical experience in industrial 
        research and development of high technology programs; and
            (B) has available facilities adjacent to the Department of 
        Energy nuclear weapon production facility to carry out the 
        activities of the Center.
    (b) Availability of Funds.--Of amounts authorized to be 
appropriated in section 3101(c), $12,000,000 shall be available to 
establish the Center referred to in subsection (a).

SEC. 3142. LIMITATION ON STUDY OR RELOCATION OF TRITIUM-RELATED 
              ACTIVITIES AND OPERATIONS.

    None of the funds appropriated or otherwise made available to the 
Department of Energy for fiscal year 1995 pursuant to this title may be 
used to study or relocate tritium-related activities and operations 
from the Mound Plant, Ohio, to a facility other than a weapons 
production facility having demonstrated tritium production and handling 
experience as recommended by the Department's independent consultants 
that reviewed the ``Nonnuclear Reconfiguration Cost Effectiveness 
Report'' of January 1993.

                       Subtitle D--Other Matters

SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY FUNDS.

    The Secretary of Energy shall establish procedures to account for 
the use of funds, in each fiscal year beginning with fiscal year 1995, 
for the performance of the programs and activities of the Department of 
Energy for which funds are appropriated for national security programs 
of the Department of Energy. The procedures shall account for funds 
appropriated for such programs and activities which are not used for 
the purpose for which such funds were appropriated. The procedures 
shall provide for an accounting of all encumbered funds, unencumbered 
funds, unobligated funds, costed funds, and uncosted obligations of the 
Department of Energy in each such fiscal year.

SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.

    (a) Approval by Nuclear Weapons Council.--Subsection (d) of section 
179 of title 10, United States Code, is amended--
            (1) by redesignating paragraphs (8) and (9) as paragraphs 
        (9) and (10); and
            (2) by inserting after paragraph (7) the following new 
        paragraph (8):
            ``(8) Coordinating and approving activities conducted by 
        the Department of Energy for the study, development, 
        production, and retirement of nuclear warheads, including 
        concept definition studies, feasibility studies, engineering 
        development, hardware component fabrication, warhead 
        production, and warhead retirement.''.
    (b) Report.--Such section is further amended by adding at the end 
the following new subsection:
    ``(e) Annual Report.--(1) Each fiscal year, before the preparation 
of the annual budget request of the Department of Energy, the Chairman 
of the Council shall submit to the Secretary of Energy a report on the 
following:
            ``(A) The effectiveness and efficiency of the Council, and 
        of the deliberative and decisionmaking processes used by the 
        Council, in carrying out the responsibilities described in 
        subsection (d).
            ``(B) A description of all activities conducted by the 
        Department of Energy during that fiscal year, or planned to be 
        conducted by the Department of Energy during the next fiscal 
        year, for the study, development, production, and retirement of 
        nuclear warheads and that have been approved by the Council, 
        including a description of--
                    ``(i) the concept definition activities and 
                feasibility studies conducted or planned to be 
                conducted by the Department of Energy;
                    ``(ii) the schedule for completion of each such 
                activity or study; and
                    ``(iii) the degree to which each such activity or 
                study is consistent with United States policy for new 
                nuclear warhead development or warhead modifications 
                and with established or projected military 
                requirements.
    ``(2) Each fiscal year, at the same time as the submission of the 
President's budget, the Secretary of Energy shall submit the report 
referred to in paragraph (1), in classified form, to the Committees on 
Armed Services and Appropriations of the Senate and House of 
Representatives.''.
    (c) Technical Amendment.--Subsections (a)(3) and (b) of such 
section are amended by striking out ``appointed'' each place it appears 
and inserting in lieu thereof ``designated''.

SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN ACTIVITIES AT THE 
              NEVADA TEST SITE, NEVADA.

    Not later than March 1, 1995, the Secretary of Energy shall submit 
to the Congress a report on the feasibility of conducting the following 
activities at the Nevada Test Site, Nevada:
            (1) The demilitarization of large rocket motor and 
        conventional ordnance.
            (2) Disarmament and demilitarization, generally.
            (3) The conduct of experiments that assist in monitoring 
        compliance with international agreements on the 
        nonproliferation of nuclear weapons.
            (4) The provision of support to the Department of Energy 
        nuclear weapons complex.
            (5) The conduct of programs for the Department of Energy 
        and the Department of Defense to develop simulator technologies 
        for nuclear weapons design and effects, including advanced 
        hydrodynamic simulators, inertial confinement fusion test 
        facilities, and nuclear weapons effects simulators (such as the 
        Decade and Jupiter simulators).
            (6) The conduct of the stockpile stewardship program 
        established pursuant to section 3138 of the National Defense 
        Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public 
        Law 103-160).
            (7) Experiments related to the non-proliferation of nuclear 
        weapons, including experiments with respect to disablement, 
        nuclear forensics, sensors, and verification and monitoring.

SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR WEAPONS 
              PRODUCTION CYCLE.

    (a) Report.--Not later than March 31, 1995, the Secretary of Energy 
shall submit to the Congress a report that contains a description of 
all waste streams generated during each step of the complete cycle of 
production and disposition of nuclear weapon components by the 
Department of Energy. The description for each such step shall be based 
on a unit of analysis that is appropriate for that step. The report 
shall include an estimate of the volume of waste generated per unit of 
analysis and an analysis of the toxicity of each waste stream.
    (b) Definitions.--In this section:
            (1) The term ``waste stream'' means waste materials the 
        storage, treatment, or disposition of which is regulated under 
        Federal law, except that such term does not include usable 
        source materials and usable special nuclear materials.
            (2) The terms ``source material'' and ``special nuclear 
        material'' have the meaning given such terms in section 11(z) 
        and (aa), respectively, of the Atomic Energy Act of 1954 (42 
        U.S.C. 2014(z), (aa)).

SEC. 3155. RELEASE OF CERTAIN RESTRICTED DATA.

    Subsection (f) of section 142 of the Atomic Energy Act of 1954 (42 
U.S.C. 2162(f)) is amended by adding at the end the following: ``This 
subsection does not preclude the President from releasing to a degree 
and in a manner which is more limited than a public release of such 
data any Restricted Data which is exchanged with a member state of the 
Commonwealth of Independent States pursuant to a bilateral exchange of 
such data.''.

SEC. 3156. DESIGNATION OF MARILYN LLOYD SCHOLARSHIP AND FELLOWSHIP 
              PROGRAM.

    (a) Designation.--Section 3132(a) of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7274e) is 
amended by adding at the end the following: ``The scholarship and 
fellowship program shall be known as the `Marilyn Lloyd Scholarship and 
Fellowship Program'.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 3, 1995.

SEC. 3157. REPORT ON ECONOMIC REDEVELOPMENT AND CONVERSION ACTIVITIES 
              RESULTING FROM RECONFIGURATION OF DEPARTMENT OF ENERGY 
              NUCLEAR WEAPONS COMPLEX.

    (a) In General.--Not later than March 1, 1995, the Secretary of 
Energy shall submit to the Congress information on economic 
redevelopment and conversion activities that, in the determination of 
the Secretary, may result from the reconfiguration of the Department of 
Energy nuclear weapons complex. The Secretary may submit the 
information in a report or submit the programmatic environmental impact 
statement referred to in section 3145(c) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1949) and include the information in that statement.
    (b) Contents.--The information referred to in subsection (a) shall 
include the following:
            (1) An analysis of the existing condition and capabilities 
        of the facilities of the nuclear weapons complex.
            (2) A description of the technologies and processes at such 
        facilities that have the potential to be developed in 
        collaboration with private industry, State, local, or tribal 
        governments, institutions of higher education, or non-profit 
        organizations.
            (3) An estimate of the costs associated with economic 
        redevelopment and conversion activities as a result of the 
        reconfiguration of the nuclear weapons complex.
            (4) A description of how the Secretary will coordinate with 
        local interests regarding such activities.

SEC. 3158. PROHIBITION ON DISCLOSURE OF CERTAIN INFORMATION ON EXPOSURE 
              TO RADIATION RELEASED FROM HANFORD NUCLEAR RESERVATION.

    Section 3138 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1834) is amended by adding at 
the end the following new subsection:
    ``(d) Prohibition on Disclosure of Exposure Information.--(1) 
Except as provided in paragraph (2), a person (including the Secretary 
of Energy, an officer or employee of a State, or any other person 
participating in or receiving assistance under a program established 
under this section) may not disclose to the public any information 
obtained through the program that identifies a person who may have been 
exposed to radiation released from the Hanford Nuclear Reservation or 
that identifies a person participating in any of the programs developed 
under this section. Information prohibited from disclosure under this 
subsection shall include--
            ``(A) the name, address, and telephone number of a person 
        requesting information referred to in subsection (b)(1);
            ``(B) the name, address, and telephone number of a person 
        who has been referred to a health care professional under 
        subsection (b)(2);
            ``(C) the name, address, and telephone number of a person 
        who has been registered and monitored pursuant to subsection 
        (b)(3);
            ``(D) information that identifies the person from whom 
        information referred to in this paragraph was obtained under 
        the program or any other third party involved with, or 
        identified, by any such information so obtained; and
            ``(E) any other personal or medical information that 
        identifies a person or party referred to in subparagraphs (A) 
        through (D).
    ``(2) Information referred to in paragraph (1) may be disclosed to 
the public if the person identified by the information, or the person's 
legal representative, has consented in writing to the disclosure.
    ``(3) The States of Washington, Oregon, and Idaho shall establish 
procedures for carrying out this subsection, including procedures 
governing the disclosure of information under paragraph (2).''.

   TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 1995, 
$18,000,000 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. CONDITIONS ON AUTHORITY TO DISPOSE OF CERTAIN STRATEGIC AND 
              CRITICAL MATERIALS.

    Section 3302(f) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2649) is amended by 
striking out ``before October 1, 1994.'' and inserting in lieu thereof 
the following: ``until after the President certifies to Congress that--
            ``(1) there is a reliable domestic source for the adequate 
        and timely production of these materials; and
            ``(2) such source can be called upon in times of a national 
        emergency or a significant mobilization of the Armed Forces.''.

SEC. 3302. REJECTION OF CHANGE IN STOCKPILING PRINCIPLES.

    (a) Establishment of Principles.--Section 2(c) of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98a(c)) is amended--
            (1) in paragraph (2), by striking out ``Before October 1, 
        1994, the quantities'' and inserting in lieu thereof ``The 
        quantities''; and
            (2) by striking out paragraph (3).
    (b) Biennial Report on Stockpile Requirements.--Section 14(b) of 
such Act (50 U.S.C. 98h-5(b)) is amended--
            (1) in the second sentence, by striking out ``Before 
        October 1, 1994, such assumptions'' and inserting in lieu 
        thereof ``Such assumptions''; and
            (2) by striking out the third sentence.

SEC. 3303. LIMITATIONS ON THE DISPOSAL OF CHROMITE AND MANGANESE ORES.

    (a) Preference for Domestic Upgrading.--In offering to enter into 
agreements pursuant to any provision of law for the disposal of 
chromite and manganese ores of metallurgical grade from the National 
Defense Stockpile provided for in section 4 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98c), the President 
shall give a right of first refusal on all such offers to domestic 
ferroalloy upgraders.
    (b) Domestic Ferroalloy Upgrader Defined.--For purposes of this 
section, the term ``domestic ferroalloy upgrader'' means a company or 
other business entity that, as determined by the President--
            (1) is engaged in operations to upgrade chromite or 
        manganese ores of metallurgical grade or is capable of engaging 
        in such operations; and
            (2) conducts a significant level of its research, 
        development, engineering, and upgrading operations in the 
        United States.
    (c) Application of Section.--The requirements specified in 
subsection (a) shall apply during fiscal year 1995.

SEC. 3304. CONDITIONAL PROHIBITION ON PROPOSED DISPOSAL OF ZINC FROM 
              NATIONAL DEFENSE STOCKPILE.

    (a) Prohibition.--Except as provided in subsection (b), the 
President may not proceed with the disposal from the National Defense 
Stockpile of any portion of the 75,000 short tons of zinc that was 
proposed for disposal in the annual materials plan submitted to 
Congress under section 11(b) of such Act (50 U.S.C. 98h-2) in March 
1994.
    (b) Exception.--Subsection (a) shall not apply to the disposal of 
zinc from the National Defense Stockpile if the President certifies to 
Congress before proceeding with such disposal that any such disposal 
would not cause any undue disruption of the usual markets of producers, 
processors, and consumers of zinc.
    (c) Definition.--For purposes of this section, the term ``National 
Defense Stockpile'' means the stockpile provided for in section 4 of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).

SEC. 3305. SPECIAL PROGRAM FOR CONVERSION OF LOW CARBON FERRO CHROMIUM 
              TO HIGH PURITY ELECTROLYTIC CHROMIUM METAL.

    (a) Required Upgrading.--During each of the fiscal years 1995 and 
1996, the President shall obtain bids from domestic producers of high 
purity electrolytic chromium metal for the conversion of low carbon 
ferro chromium held in the National Defense Stockpile. On the basis of 
such bids, the President shall award contracts for the conversion of 
such chromium into high purity electrolytic chromium metal for 
inclusion in the National Defense Stockpile.
    (b) Quantities To Be Upgraded.--Contracts awarded under subsection 
(a) shall provide for the addition of not less than 500 short tons of 
high purity electrolytic chromium metal to the National Defense 
Stockpile during each of the fiscal years covered by subsection (a).
    (c) Use of Barter.--The President shall carry out this section only 
through the use of the barter authority provided to the President under 
section 6(c) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98e(c)) for the management of the National Defense 
Stockpile.
    (d) Definition.--For purposes of this section, 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).

                       TITLE XXXIV--CIVIL DEFENSE

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated $129,658,000 for 
fiscal year 1995 for the purpose of carrying out title VI of The Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.), as added by section 3402.

SEC. 3402. TRANSFER OF FEDERAL CIVIL DEFENSE ACT OF 1950 TO THE ROBERT 
              T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT.

    (a) Inclusion as Additional Title.--The Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is 
amended--
            (1) by redesignating title VI as title VII;
            (2) by redesignating sections 601, 602, 603, and 604 as 
        sections 701, 702, 703, and 704, respectively; and
            (3) by inserting after title V the following new title VI:

                   ``TITLE VI--FEDERAL CIVIL DEFENSE

``SEC. 601. DECLARATION OF POLICY.

    ``The purpose of this title 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 title.

``SEC. 602. DEFINITIONS.

    ``In this title:
            ``(1) The term `hazard' means an emergency or disaster 
        resulting from--
                    ``(A) a natural disaster; or
                    ``(B) an accidental or man-caused event, including 
                a civil disturbance and an attack-related disaster.
            ``(2) The term `attack-related disaster' means any attack 
        or series of attacks by an enemy of the United States causing, 
        or which may cause, substantial damage or injury to civilian 
        property or persons in the United States in any manner by 
        sabotage or by the use of bombs, shellfire, or nuclear, 
        radiological, chemical, bacteriological, or biological means or 
        other weapons or processes.
            ``(3) The term `natural disaster' means any hurricane, 
        tornado, storm, flood, high water, wind-driven water, tidal 
        wave, tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, drought, fire, or other catastrophe in any 
        part of the United States which causes, or which may cause, 
        substantial damage or injury to civilian property or persons.
            ``(4) 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:
                    ``(A) 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).
                    ``(B) Measures to be undertaken during a hazard 
                (including the enforcement of passive defense 
                regulations prescribed by duly established military or 
                civil authorities, the evacuation of personnel to 
                shelter areas, the control of traffic and panic, and 
                the control and use of lighting and civil 
                communications).
                    ``(C) Measures to be undertaken following a hazard 
                (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).
            ``(5) The term `organizational equipment' means equipment 
        determined by the Director to be necessary to a civil defense 
        organization, as distinguished from personal equipment, and of 
        such a type or nature as to require it to be financed in whole 
        or in part by the Federal Government. Such term does not 
        include those items which the local community normally utilizes 
        in combating local disasters except when required in unusual 
        quantities dictated by the requirements of the civil defense 
        plans.
            ``(6) The term `materials' includes raw materials, 
        supplies, medicines, equipment, component parts and technical 
        information and processes necessary for civil defense.
            ``(7) The term `facilities', except as otherwise provided 
        in this title, includes buildings, shelters, utilities, and 
        land.
            ``(8) The term `Director' means the Director of the Federal 
        Emergency Management Agency.
            ``(9) The term `neighboring countries' includes Canada and 
        Mexico.
            ``(10) The term `State' includes interstate civil defense 
        authorities established under section 611(g).

``SEC. 603. ADMINISTRATION OF TITLE.

    ``This title shall be carried out by the Director of the Federal 
Emergency Management Agency.

                    ``Subtitle A--Powers and Duties

``SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.

    ``The Director is authorized, in order to carry out the policy 
described in section 601 to perform the following functions:
            ``(a) Prepare national plans and programs for the civil 
        defense of the United States, making such use of plans and 
        programs previously initiated by the National Security 
        Resources Board as is feasible; sponsor and direct such plans 
        and programs; and request such reports on State plans and 
        operations for civil defense as may be necessary to keep the 
        President, Congress, and the several States advised of the 
        status of civil defense in the United States.
            ``(b) Delegate, with the approval of the President, to the 
        several departments and agencies of the Federal Government 
        appropriate civil defense responsibilities and review and 
        coordinate the civil defense activities of the departments and 
        agencies with each other and with the activities of the States 
        and neighboring countries.
            ``(c) Make appropriate provision for necessary civil 
        defense communications and for dissemination of warnings to the 
        civilian population of a hazard.
            ``(d) Study and develop civil defense measures designed to 
        afford adequate protection of life and property, including 
        research and studies as to the best methods of treating the 
        effects of hazards, developing shelter designs and materials 
        for protective covering or construction, and developing 
        equipment or facilities and effecting the standardization 
        thereof to meet civil defense requirements.
            ``(e) Conduct or arrange, by contract or otherwise, for 
        training programs for the instruction of civil defense 
        officials and other persons in the organization, operation, and 
        techniques of civil defense; conduct or operate schools or 
        including the payment of travel expenses, in accordance with 
        subchapter I of chapter 57 of title 5, United States Code, and 
        the Standardized Government Travel Regulations, and per diem 
        allowances, in lieu of subsistence for trainees in attendance 
        or the furnishing of subsistence and quarters for trainees and 
        instructors on terms prescribed by the Director; and provide 
        instructors and training aids as deemed necessary. The terms 
        prescribed by the Director for the payment of travel expenses 
        and per diem allowances authorized by this subsection shall 
        include a provision that such payment shall not exceed \1/2\ of 
        the total cost of such expenses. Not more than one national 
        civil defense college and three civil defense technical 
        training schools shall be established under the authority of 
        this subsection. The Director is authorized to lease real 
        property required for the purpose of carrying out the 
        provisions of this subsection, but shall not acquire fee title 
        to property unless specifically authorized by law.
            ``(f) Publicly disseminate appropriate civil defense 
        information by all appropriate means.
            ``(g) Assist and encourage the States to negotiate and 
        enter into interstate civil defense compacts; review the terms 
        and conditions of such proposed compacts in order to assist, to 
        the extent feasible, in obtaining uniformity therein and 
        consistency with the national civil defense plans and programs; 
        assist and coordinate the activities thereunder; and aid and 
        assist in encouraging reciprocal civil defense legislation by 
        the States which will permit the furnishing of mutual aid for 
        civil defense purposes in the event of a hazard which cannot be 
        adequately met or controlled by a State or political 
        subdivision thereof threatened with or experiencing a hazard. A 
        copy of each such civil defense compact shall be transmitted 
        promptly to the Senate and the House of Representatives. The 
        consent of Congress shall be granted to each such compact, upon 
        the expiration of the first period of 60 calendar days of 
        continuous session of the Congress following the date on which 
        the compact is transmitted to it; but only if, between the date 
        of transmittal and expiration of such 60-day period, there has 
        not been passed a concurrent resolution stating in substance 
        that the Congress does not approve the compact. Nothing in this 
        subsection shall be construed as preventing Congress from 
        withdrawing at any time its consent to any such compact.
            ``(h) Procure by condemnation or otherwise, construct, 
        lease, transport, store, maintain, renovate or distribute 
        materials and facilities for civil defense, with the right to 
        take immediate possession thereof. Facilities acquired by 
        purchase, donation, or other means of transfer may be occupied, 
        used, and improved for the purposes of this title, prior to the 
        approval of title by the Attorney General as required by 
        section 355 of the Revised Statutes (40 U.S.C. 255). The 
        Director shall report not less often than quarterly to the 
        Congress all property acquisitions made pursuant to this 
        subsection. The Director is authorized to lease real property 
        required for the purpose of carrying out the provisions of this 
        subsection, but shall not acquire fee title to property unless 
        specifically authorized law. The Director is authorized to 
        procure and maintain under this subsection radiological 
        instruments and detection devices, protective masks, and gas 
        detection kits, and distribute the same by loan or grant to the 
        States for civil defense purposes, under such terms and 
        conditions as the Director shall prescribe.
            ``(i) Make financial contributions, on the basis of 
        programs or projects approved by the Director, to the States 
        for civil defense purposes, including the procurement, 
        construction, leasing, or renovating of materials and 
        facilities. Such contributions shall be made on such terms or 
        conditions as the Director shall prescribe, including the 
        method of purchase, the quantity, quality, or specifications of 
        the materials or facilities, and such other factors or care or 
        treatment to assure the uniformity, availability, and good 
        condition of such materials or facilities. No contributions 
        shall be made under this subsection for the procurement of land 
        or for the purchase of personal equipment for State or local 
        civil defense workers. The amounts authorized to be contributed 
        by the Director to each State for organizational equipment 
        shall be equally matched by such State from any source it 
        determines is consistent with its laws. Financial contributions 
        to the States for shelters and other protective facilities 
        shall be determined by taking the amount of funds appropriated 
        or available to the Director for such facilities in each fiscal 
        year and apportioning such funds among the States in the ratio 
        which the urban population of the critical target areas (as 
        determined by the Director, after consultation with the 
        Secretary of Defense) in each State, at the time of the 
        determination, bears to the total urban population of the 
        critical target areas of all of the States. The amounts 
        authorized to be contributed by the Director to each State for 
        such shelters and protective facilities shall be equally 
        matched by such State from any source it determines is 
        consistent with its laws and, if not matched within a 
        reasonable time, the Director may reallocate same to other 
        States under the formula described in the preceding sentence. 
        The value of any land contributed by any State or political 
        subdivision thereof shall be excluded from the computation of 
        the State share under this subsection. The amounts paid to any 
        State under this subsection shall be expended solely in 
        carrying out the purposes set forth herein and in accordance 
        with State civil defense programs or projects approved by the 
        Director. The Director shall make no contribution toward the 
        cost of any program or project for the procurement, 
        construction, or leasing of any facility which (1) is intended 
        for use, in whole or in part, for any purpose other than civil 
        defense, and (2) is of such kind that upon completion it will, 
        in the judgment of the Director, be capable of producing 
        sufficient revenue to provide reasonable assurance of the 
        retirement or repayment of such cost; except that (subject to 
        the preceding sentences of this subsection) the Director may 
        make a contribution to any State toward that portion of the 
        cost of the construction, reconstruction, or enlargement of any 
        facility which the Director determines to be directly 
        attributable to the incorporation in such facility of any 
        feature of construction or design not necessary for the 
        principal intended purpose thereof but which is, in the 
        judgment of the Director necessary for the use of such facility 
        for civil defense purposes. The Director shall report not less 
        often than annually to Congress all contributions made pursuant 
        to this subsection. All laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction work financed with the assistance of any 
        contribution of Federal funds made by the Director under this 
        subsection shall be paid wages at rates not less than those 
        prevailing on similar construction in the locality as 
        determined by the Secretary of Labor in accordance with the Act 
        of March 3, 1931 (commonly known as the Davis-Bacon Act (40 
        U.S.C. 276a-276a-5)), and every such employee shall receive 
        compensation at a rate not less than one and \1/2\ times the 
        basic rate of pay of the employee for all hours worked in any 
        workweek in excess of eight hours in any workday or 40 hours in 
        the workweek, as the case may be. The Director shall make no 
        contribution of Federal funds without first obtaining adequate 
        assurance that these labor standards will be maintained upon 
        the construction work. The Secretary of Labor shall have, with 
        respect to the labor standards specified in this subsection, 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (5 U.S.C. App.), and section 2 of the Act 
        of June 13, 1934 (40 U.S.C. 276(c)).
            ``(j) Arrange for the sale or disposal of materials and 
        facilities found by the Director to be unnecessary or 
        unsuitable for civil defense purposes in the same manner as 
        provided for excess property under the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). 
        Any funds received as proceeds from the sale or other 
        disposition of such materials and facilities shall be covered 
        into the Treasury as miscellaneous receipts.

``SEC. 612. MUTUAL AID PACTS BETWEEN SEVERAL STATES AND NEIGHBORING 
              COUNTRIES.

    ``The Director shall give all practicable assistance to States in 
arranging, through the Department of State, mutual civil defense aid 
between the States and neighboring countries.

``SEC. 613. IDENTITY INSIGNIA.

    ``The Director may prescribe insignia, arm bands, and other 
distinctive articles (including designs previously covered under 
Letters Patent which were assigned to the United States and held by the 
Office of Civilian Defense created by Executive Order Numbered 8757 
issued May 20, 1941) which may be manufactured for or possessed or worn 
by persons engaged in civil defense activities pursuant to rules and 
regulations for the manufacture, possession, or wearing thereof 
established by the Director. The manufacture, possession, or wearing of 
any such insignia, arm band, or other distinctive article otherwise 
than in accordance with such rules and regulations shall be unlawful 
and shall subject such person to a fine of not more than $1,000 or 
imprisonment of not more than one year, or both.

``SEC. 614.  CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.

    ``(a) General Authority.--To further assist in carrying out the 
purposes of this title, the Director may make financial contributions 
to the States (including interstate civil defense authorities 
established pursuant to section 611(g)) for necessary and essential 
State and local civil defense personnel and administrative expenses, on 
the basis of approved plans (which shall be consistent with the 
national plan for civil defense approved by the Director) for the civil 
defense of the States. The financial contributions to the States under 
this section shall not exceed \1/2\ of the total cost of such necessary 
and essential State and local civil defense personnel and 
administrative expenses.
    ``(b) Plan Requirements.--Plans submitted under this section 
shall--
            ``(1) provide, pursuant to State law, that the plan shall 
        be in effect in all political subdivisions of the State and be 
        mandatory on them and be administered or supervised by a single 
        State agency;
            ``(2) provide that the State shall share the financial 
        assistance with that provided by the Federal Government under 
        this section from any source determined by it to be consistent 
        with State law;
            ``(3) provide for the development of State and local civil 
        defense operational plans, pursuant to standards approved by 
        the Director;
            ``(4) provide for the employment of a full-time civil 
        defense director, or deputy director, by the State;
            ``(5) provide that the State shall make such reports in 
        such form and content as the Director may require; and
            ``(6) make available to duly authorized representatives of 
        the Director and the Comptroller General, books, records, and 
        papers necessary to conduct audits for the purposes of this 
        section.
    ``(c) Terms and Conditions.--The Director shall establish such 
other terms and conditions as the Director considers necessary and 
proper to carry out this section.
    ``(d) Application of Other Provisions.--In carrying out this 
section, the provisions of section 611(g) and 621(h) shall apply.
    ``(e) Allocation of Funds.--For each fiscal year concerned, the 
Director shall allocate to each State, in accordance with regulations 
and the total sum appropriated hereunder, amounts to be made available 
to the States for the purposes of this section. Regulations governing 
allocations to the States under this subsection shall give due regard 
to (1) the criticality of the target and support areas and the areas 
which may be affected by hazards with respect to the development of the 
total civil defense readiness of the Nation, (2) the relative state of 
development of civil defense readiness of the State, (3) population, 
and (4) such other factors as the Director shall prescribe. The 
Director may reallocate the excess of any allocation not utilized by a 
State in a plan submitted hereunder. Amounts paid to any State or 
political subdivision under this section shall be expended solely for 
the purposes set forth herein.
    ``(f) Submission of Plan.--In the event a State fails to submit a 
plan for approval as required by this section within 60 days after the 
Director notifies the States of the allocations hereunder, the Director 
may reallocate such funds, or portions thereof, among the other States 
in such amounts as, in the judgment of the Director will best assure 
the adequate development of the civil defense capability of the Nation.
    ``(g) Annual Reports.--The Director shall report annually to the 
Congress all contributions made pursuant to this section.

``SEC. 615. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF 
              EMERGENCY OPERATING CENTERS.

    ``Notwithstanding any other provision of this title, funds 
appropriated to carry out this title may not be used for the purpose of 
constructing emergency operating centers (or similar facilities) in any 
State unless such State matches in an equal amount the amount made 
available to such State under this title for such purpose.

``SEC. 616. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZARDS.

    ``Funds made available to the States under this title may be used 
by the States for the purposes of preparing for hazards and providing 
emergency assistance in response to hazards. Regulations prescribed to 
carry out this section shall authorize the use of civil defense 
personnel, materials, and facilities supported in whole or in part 
through contributions under this title for civil defense activities and 
measures related to hazards.

                    ``Subtitle B--General Provisions

``SEC. 621. ADMINISTRATIVE AUTHORITY.

    ``For the purpose of carrying out the powers and duties assigned to 
the Director under this title, the Director may exercise the following 
administrative authorities:
            ``(a) Employ civilian personnel for duty in the United 
        States, including the District of Columbia, or elsewhere, 
        subject to the civil-service laws, and to fix the compensation 
        of such personnel in accordance with subchapter III of chapter 
        51 and chapter 53 of title 5, United States Code.
            ``(b) Employ not more than 100 such part-time or temporary 
        advisory personnel (including not to exceed 25 subjects of the 
        United Kingdom and the Dominion of Canada) as are deemed 
        necessary in carrying out the provisions of this title. Persons 
        holding other offices or positions under the United States for 
        which they receive compensation, while serving as members of 
        such committees, shall receive no additional compensation for 
        such service. Other members of such committees and other part-
        time or temporary advisory personnel so employed may serve 
        without compensation or may receive compensation at a rate not 
        to exceed $50 for each day of service, as determined by the 
        Director.
            ``(c) Utilize the services of Federal agencies and, with 
        the consent of any State or local government, accept and 
        utilize the services of State and local civil agencies; 
        establish and utilize such regional and other offices as may be 
        necessary; utilize such voluntary and uncompensated services by 
        individuals or organizations as may from time to time be 
        needed; and authorize the States to establish and organize such 
        individuals and organizations into units to be known 
        collectively as the United States Civil Defense Corps. The 
        members of such corps shall not be deemed by reason of such 
        membership to be appointees or employees of the United States.
            ``(d) Notwithstanding any other provision of law, accept 
        gifts of supplies, equipment, and facilities and utilize or 
        distribute such gifts for civil defense purposes in accordance 
        with the provisions of this title.
            ``(e) Reimburse any Federal agency for any of its 
        expenditures or for compensation of its personnel and 
        utilization or consumption of its materials and facilities 
        under this title to the extent funds are available.
            ``(f) Purchase such printing, binding, and blank-book work 
        from public, commercial, or private printing establishments or 
        binderies as the Director considers necessary upon orders 
        placed by the Public Printer or upon waivers issued in 
        accordance with section 504 of title 44, United States Code.
            ``(g) Prescribe such rules and regulations as may be 
        necessary and proper to carry out any of the provisions of this 
        title and perform any of the powers and duties provided by this 
        title through or with the aid of such officials of the Federal 
        Emergency Management Agency as the Director may designate.
            ``(h) When, after reasonable notice and opportunity for 
        hearing to the State or other person, the Director finds that 
        there is a failure to expend funds in accordance with the 
        regulations, terms, and conditions established under this title 
        for approved civil defense plans, programs, or projects, notify 
        such State or person that further payments will not be made to 
        the State or person from appropriations under this title (or 
        from funds otherwise available for the purposes of this title 
        for any approved plan, program, or project with respect to 
        which there is such failure to comply) until the Director is 
        satisfied that there will no longer be any such failure. Until 
        so satisfied, the Director shall either withhold the payment of 
        any financial contribution to such State or person or limit 
        payments to those programs or projects with respect to which 
        there is substantial compliance with the regulations, terms, 
        and conditions governing plans, programs, or projects 
        hereunder. As used in this subsection, the term `person' means 
        the political subdivision of any State or combination or group 
        thereof, any interstate civil defense authority established 
        pursuant to subsection 611(g), or any person, corporation, 
        association, or other entity of any nature whatsoever, 
        including instrumentalities of States and political 
        subdivisions.

``SEC. 622. EXEMPTION FROM CERTAIN PROHIBITIONS.

    ``The authority granted in subsections (b) and (c) of section 621 
shall be exercised in accordance with regulations of the President, who 
may also provide by regulation for the exemption of persons employed or 
whose services are utilized under the authority of such subsections 
from the operation of sections 203, 205, 207, 208, and 209 of title 18 
of the United States Code.

``SEC. 623. SECURITY REGULATIONS.

    ``(a) Establishment.--The Director shall establish such security 
requirements and safeguards, including restrictions with respect to 
access to information and property as the Director considers necessary.
    ``(b) Limitations on Employee Access to Information.--No employee 
of the Federal Emergency Management Agency shall be permitted to have 
access to information or property with respect to which access 
restrictions have been established under this section, until it shall 
have been determined that no information is contained in the files of 
the Federal Bureau of Investigation or any other investigative agency 
of the Government indicating that such employee is of questionable 
loyalty or reliability for security purposes, or if any such 
information is so disclosed, until the Federal Bureau of Investigation 
shall have conducted a full field investigation concerning such person 
and a report thereon shall have been evaluated in writing by the 
Director.
    ``(c) National Security Positions.--No employee of the Federal 
Emergency Management Agency shall occupy any position determined by the 
Director to be of critical importance from the standpoint of national 
security until a full field investigation concerning such employee 
shall have been conducted by the Director of the Office of Personnel 
Management and a report thereon shall have been evaluated in writing by 
the Director. In the event such full field investigation by the 
Director of the Office of Personnel Management develops any data 
reflecting that such applicant for a position of critical importance is 
of questionable loyalty or reliability for security purposes, or if the 
Director for any other reason shall deem it to be advisable, such 
investigation shall be discontinued and a report thereon shall be 
referred to the Director for evaluation in writing. Thereafter the 
Director may refer the matter to the Federal Bureau of Investigation 
for the conduct of a full field investigation by such Bureau. The 
result of such latter investigation by such Bureau shall be furnished 
to the Director for action.
    ``(d) Employee Oaths.--Each Federal employee of the Federal 
Emergency Management Agency, except the subjects of the United Kingdom 
and the Dominion of Canada specified in section 621(b), shall execute 
the loyalty oath or appointment affidavits prescribed by the Director 
of the Office of Personnel Management. Each person other than a Federal 
employee who is appointed to serve in a State or local organization for 
civil defense shall before entering upon duties, take an oath in 
writing before a person authorized to administer oaths, which oath 
shall be substantially as follows:
            `I,             , do solemnly swear (or affirm) that I will 
        support and defend the Constitution of the United States 
        against all enemies, foreign and domestic; that I will bear 
        true faith and allegiance to the same; that I take this 
        obligation freely, without any mental reservation or purpose of 
        evasion; and that I will well and faithfully discharge the 
        duties upon which I am about to enter.
            `And I do further swear (or affirm) that I do not advocate, 
        nor am I a member or an affiliate of any organization, group, 
        or combination of persons that advocates the overthrow of the 
        Government of the United States by force or violence; and that 
        during such time as I am a member of              (name of 
        civil defense organization), I will not advocate nor become a 
        member or an affiliate of any organization, group, or 
        combination of persons that advocates the overthrow of the 
        Government of the United States by force or violence.'
After appointment and qualification for office, the director of civil 
defense of any State, and any subordinate civil defense officer within 
such State designated by the director in writing, shall be qualified to 
administer any such oath within such State under such regulations as 
the director shall prescribe. Any person who shall be found guilty of 
having falsely taken such oath shall be punished as provided in section 
1621 of title 18, United States Code.

``SEC. 624. UTILIZATION OF EXISTING FACILITIES.

    ``In performing duties under this title, the Director shall--
            ``(1) cooperate with the various departments and agencies 
        of the Federal Government;
            ``(2) utilize, to the maximum extent, the existing 
        facilities and resources of the Federal Government and, with 
        their consent, the facilities and resources of the States and 
        political subdivisions thereof, and of other organizations and 
        agencies; and
            ``(3) refrain from engaging in any form of activity which 
        would duplicate or parallel activity of any other Federal 
        department or agency unless the Director, with the written 
        approval of the President, shall determine that such 
        duplication is necessary to accomplish the purposes of this 
        title.

``SEC. 625. ANNUAL REPORT TO CONGRESS.

    ``The Director shall annually submit a written report to the 
President and Congress covering expenditures, contributions, work, and 
accomplishments of the Federal Emergency Management Agency pursuant to 
this title, accompanied by such recommendations as the Director shall 
deem appropriate.

``SEC. 626. APPLICABILITY OF TITLE.

    ``The provisions of this title shall be applicable to the United 
States, its States, Territories and possessions, and the District of 
Columbia, and their political subdivisions.

``SEC. 627. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF FUNDS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this title. Funds made 
available for the purposes of this title may be allocated or 
transferred for any of the purposes of this title, with the approval of 
the Bureau of the Budget, to any agency or government corporation 
designated to assist in carrying out this title. Each such allocation 
or transfer shall be reported in full detail to the Congress within 
thirty days after such allocation or transfer.

``SEC. 628. ATOMIC ENERGY ACT OF 1946.

    ``Nothing in this title shall be construed to amend or modify the 
provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

``SEC. 629. FEDERAL BUREAU OF INVESTIGATION.

    ``Nothing in this title shall be construed to authorize 
investigations of espionage, sabotage, or subversive acts by any 
persons other than personnel of the Federal Bureau of Investigation.

``SEC. 630. SEPARABILITY.

    ``If any provision of this title or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the title, and the application of such provisions to 
persons or circumstances other than those as to which it is held 
invalid, shall not be affected thereby.

``SEC. 631. APPLICABILITY OF REORGANIZATION PLAN NUMBERED 1.

    ``The applicability of Reorganization Plan Numbered 1 of 1958 (23 
F.R. 4991) shall extend to any amendment of this title except as 
otherwise expressly provided in such amendment.''.
    (b) Conforming Repeal.--The Act entitled ``An Act to authorize a 
Federal civil defense program, and for other purposes.'', approved 
January 12, 1951 (50 U.S.C. App. 2251 et seq.), is repealed.
    (c) Conforming Amendments.--(1) Section 202(c) of The Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5132(c)) is amended by striking ``section 201(c) of the Federal Civil 
Defense Act of 1950, as amended (50 U.S.C. App. 2281(c)),'' and 
inserting ``section 611(c) of this Act''.
    (2) The undesignated paragraph under the heading ``civil defense 
procurement fund'' in chapter XI of the Third Supplemental 
Appropriation Act, 1951 (50 U.S.C. App. 2264; 65 Stat. 61) is repealed.
    (3) Section 813(d) of the Agricultural Act of 1970 (7 U.S.C. 
1427a(d)) is amended by striking out ``the provisions of the Federal 
Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251-2297).'' and 
inserting in lieu thereof ``title VI of The Robert T. Stafford Disaster 
Relief and Emergency Assistance Act.''.

                  TITLE XXXV--NAVAL PETROLEUM RESERVES

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated to the Secretary of 
Energy $199,456,000 for fiscal year 1995 for the purpose of carry out 
activities under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves (as defined in section 7420(2) of such 
title). Funds appropriated pursuant to such authorization shall remain 
available until expended.

SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM DURING FISCAL 
              YEAR 1995.

    During fiscal year 1995, any sale of any part of the United States 
share of petroleum produced from Naval Petroleum Reserves Numbered 1, 
2, and 3 shall be made at the price prescribed by section 7430(b)(2)(A) 
of title 10, United States Code.

            Passed the House of Representatives June 9, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

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