[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2211 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2211

_______________________________________________________________________

                                 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; to 
 revise and streamline the acquisition laws of the Federal Government; 
                        and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2211

_______________________________________________________________________

                                 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; to 
 revise and streamline the acquisition laws of the Federal Government; 
                        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 ``Omnibus 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 four 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.
            (4) Division D--Federal Acquisition Streamlining.
    (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.
Sec. 4. General limitation.
            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. Reserve components.
Sec. 106. Chemical demilitarization program.
Sec. 107. Joint Training, Analysis and Simulation Center.
                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for M1A2 tank upgrades.
Sec. 112. Transfer of replacement Army tank to Marine Corps Reserve.
Sec. 113. Replacement surveillance system for Korea.
Sec. 114. Small arms industrial base.
Sec. 115. Bunker defeat munition missiles.
                       Subtitle C--Navy Programs

Sec. 121. Nuclear aircraft carrier program.
Sec. 122. Seawolf submarine program.
Sec. 123. Naval amphibious ready groups.
                     Subtitle D--Air Force Programs

Sec. 131. Settlement of claims under the C-17 aircraft program.
Sec. 132. Retirement of bomber aircraft.
                       Subtitle E--Other Matters

Sec. 141. Preserving the bomber industrial base.
Sec. 142. Dual-use electric and hybrid vehicles.
Sec. 143. Sales authority of working-capital funded Army industrial 
                            facilities.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Strategic environmental research and development program.
Sec. 204. High resolution imaging.
    Subtitle B--Programs Requirements, Restrictions, and Limitations

Sec. 211. Tactical antisatellite technologies program.
Sec. 212. Transfer of MILSTAR communications satellite program.
Sec. 213. Transfer of funds for single-stage to orbit rocket.
Sec. 214. Limitation on dismantlement of intercontinental ballistic 
                            missiles.
Sec. 215. Limitation on obligation of funds for seismic monitoring 
                            research.
Sec. 216. Federally funded research and development centers.
                  Subtitle C--Missile Defense Programs

Sec. 221. Compliance of ballistic missile defense systems and 
                            components with ABM treaty.
Sec. 222. Revisions to the Missile Defense Act of 1991.
Sec. 223. Limitation.
Sec. 224. Management and budget responsibility for space-based chemical 
                            laser program.
Sec. 225. Senate advice and consent on agreements that modify the Anti-
                            Ballistic Missile Treaty.
Subtitle D--Defense Conversion, Reinvestment, and Transition Assistance 
                                Matters

Sec. 231. Funding of defense technology reinvestment programs for 
                            fiscal year 1995.
Sec. 232. Financial commitment requirements for small business concerns 
                            for participation in technology 
                            reinvestment projects.
Sec. 233. Conditions on funding of defense technology reinvestment 
                            projects.
Sec. 234. Federal defense laboratory diversification and Navy 
                            reinvestment in the technology and 
                            industrial base.
Sec. 235. Small business defense conversion guaranteed loans.
                       Subtitle E--Other Matters

Sec. 241. Cooperative research and development agreements with NATO 
                            organizations.
Sec. 242. Defense women's health research program.
Sec. 243. Requirement for submission of annual report of the 
                            Semiconductor Technology Council to 
                            Congress.
Sec. 244. Report on oceanographic survey and research requirements to 
                            support littoral warfare.
Sec. 245. LANSCE/LAMPF upgrades.
Sec. 246. Study regarding live-fire survivability testing of F-22 
                            aircraft.
Sec. 247. University Research Initiative support program.
Sec. 248. Manufacturing science and technology program.
Sec. 249. Defense experimental program to stimulate competitive 
                            research.
Sec. 250. Study on beaming high power laser energy to satellites.
Sec. 251. Advanced threat radar jammer.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home funding.
Sec. 304. National Security Education Trust Fund obligations.
Sec. 305. Transfer from National Defense Stockpile Transaction Fund.
Sec. 306. Support for the 1995 Special Olympics World Games.
Sec. 307. Air National Guard fighter aircraft.
              Subtitle B--Defense Business Operations Fund

Sec. 311. Permanent authority for use of fund for managing working 
                            capital funds and certain activities.
Sec. 312. Implementation of improvement plan.
Sec. 313. Limitation on obligations against the capital asset fund.
Sec. 314. Limitation on obligations against the supply management 
                            divisions.
                   Subtitle C--Environmental Matters

Sec. 321. Prohibition on the purchase of surety bonds and other 
                            guarantees for the Department of Defense.
Sec. 322. Extension of prohibition on use of environmental restoration 
                            funds for payment of fines and penalties.
Sec. 323. Participation of Indian tribes in agreements for defense 
                            environmental restoration.
Sec. 324. Extension of authority to issue surety bonds for certain 
                            environmental programs.
    Subtitle D--Matters Relating to Department of Defense Civilian 
                               Employees

Sec. 331. Extension of certain transition assistance authorities.
Sec. 332. Extension and expansion of authority to conduct personnel 
                            demonstration projects.
Sec. 333. Limitation on payment of severance pay to certain employees 
                            transferring to employment positions in 
                            nonappropriated fund instrumentalities.
Sec. 334. Retirement credit for certain service in nonappropriated fund 
                            instrumentalities before January 1, 1987.
Sec. 335. Travel, transportation, and relocation expenses of employees 
                            transferring to the United States Postal 
                            Service.
Sec. 336. Foreign employees covered by the Foreign National Employees 
                            Separation Pay Account.
Sec. 337. Increased authority to accept voluntary services.
                       Subtitle E--Other Matters

Sec. 341. Change of source for performance of depot-level workloads.
Sec. 342. Civil Air Patrol.
Sec. 343. Armed Forces Retirement Home.
Sec. 344. Clarification of authority to provide medical transportation 
                            under National Guard pilot program.
Sec. 345. ARMS Initiative loan guarantee program.
Sec. 346. Reauthorization of Department of Defense domestic elementary 
                            and secondary schools for dependents.
Sec. 347. Assistance to local educational agencies that benefit 
                            dependents of members of the Armed Forces 
                            and Department of Defense civilian 
                            employees.
Sec. 348. Disposition of proceeds from operation of the Naval Academy 
                            laundry.
Sec. 349. Repeal of annual limitation on expenditures for emergency and 
                            extraordinary expenses of the Department of 
                            Defense Inspector General.
Sec. 350. Extension of authority for program to commemorate World War 
                            II.
Sec. 351. Extension of authority for aviation depots and naval 
                            shipyards to engage in defense-related 
                            production and services.
Sec. 352. Transfer of certain excess Department of Defense property to 
                            educational institutions and training 
                            schools.
Sec. 353. Ships' stores.
Sec. 354. Humanitarian program for clearing landmines.
Sec. 355. Assistance to Red Cross for emergency communications services 
                            for members of the Armed Forces and their 
                            families.
Sec. 356. Maritime prepositioning ship enhancement.
Sec. 357. Roll-on/roll-off vessels for the Ready Reserve force.
Sec. 358. Payment of certain stipulated civil penalties.
Sec. 359. Sale of articles and services of industrial facilities of the 
                            Armed Forces to persons outside Department 
                            of Defense.
Sec. 360. Study of establishment of Land Management and Training Center 
                            at Fort Riley, Kansas.
Sec. 361. Procurement of portable ventilators for the Defense Medical 
                            Facility Office, Fort Detrick, Maryland.
Sec. 362. Review by Defense Inspector General of cost growth in certain 
                            contracts.
Sec. 363. Cost comparison studies for contracts for advisory and 
                            assistance services.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Extension of temporary variation of end strength limitations 
                            for Marine Corps majors and lieutenant 
                            colonels.
Sec. 403. Retention of authorized strength of general officers on 
                            active duty in the Marine Corps for fiscal 
                            years after fiscal year 1995.
Sec. 404. Exception to limitation on number of general officers and 
                            flag officers serving on active duty.
Sec. 405. Temporary exclusion of Superintendent of Naval Academy from 
                            counting toward number of senior admirals 
                            authorized to be on active duty.
                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
                            reserves.
              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.
                       Subtitle E--Other Matters

Sec. 441. Repeal of required reduction in recruiting personnel.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Service on successive selection boards.
Sec. 502. Promotion and other career management matters relating to 
                            warrant officers on active-duty lists.
Sec. 503. Enlistment or retirement of Navy and Marine Corps limited 
                            duty officers having twice failed of 
                            selection for promotion.
Sec. 504. Educational requirements for appointment in reserve 
                            components in grades above first lieutenant 
                            or lieutenant (junior grade).
Sec. 505. Limited exception from baccalaureate degree requirement for 
                            Alaska scout officers.
Sec. 506. Original appointments of limited duty officers of the Navy 
                            and Marine Corps serving in temporary 
                            grades.
Sec. 507. Selection for designated judge advocate positions.
                 Subtitle B--Reserve Component Matters

Sec. 511. Review of opportunities for ordering individual reserves to 
                            active duty with consent.
Sec. 512. Increased period of active duty service for Selected Reserve 
                            forces mobilized other than during war or 
                            national emergency.
Sec. 513. Repeal of obsolete provisions pertaining to transfer of 
                            regular enlisted members to reserve 
                            components.
Sec. 514. Sense of the Senate concerning the training and modernization 
                            of the reserve components.
                       Subtitle C--Other Matters

Sec. 521. Review of certain dismissals from the United States Military 
                            Academy.
Sec. 522. Transitional compensation and other benefits for dependents 
                            of members separated for dependent abuse.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1995.
           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension and modification of certain bonuses and special pay 
                            for nurse officer candidates, registered 
                            nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses 
                            and special pays.
            Subtitle C--Travel and Transportation Allowances

Sec. 621. Responsibility for preparation of transportation mileage 
                            tables.
             Subtitle D--Retired Pay and Survivor Benefits

Sec. 631. Clarification of calculation of retired pay for officers who 
                            retire in a grade lower than the grade held 
                            at retirement.
Sec. 632. Crediting of reserve service of enlisted members for 
                            computation of retired pay.
Sec. 633. Forfeiture of annuity or retired pay of members convicted of 
                            espionage.
Sec. 634. Computation of retired pay to prevent pay inversions.
Sec. 635. Cost-of-living increases in SBP contributions to be effective 
                            concurrently with payment of related 
                            retired pay cost-of-living increases.
Sec. 636. Requirement for equal treatment of civilian and military 
                            retirees in the event of delays in cost-of-
                            living adjustments.
Subtitle E--Defense Conversion, Reinvestment, and Transition Assistance 
                                Matters

Sec. 641. Eligibility of members retired under temporary special 
                            retirement authority for Servicemen's Group 
                            Life Insurance.
Sec. 642. Annual payments for members retired under Guard and Reserve 
                            Transition Initiative.
Sec. 643. Increased eligibility and application periods for troops-to-
                            teachers program.
Sec. 644. Assistance for eligible members to obtain employment with law 
                            enforcement agencies.
Sec. 645. Treatment of retired and retainer pay of members of cadre of 
                            Civilian Community Corps.
                       Subtitle F--Other Matters

Sec. 651. Disability coverage for officer candidates granted excess 
                            leave.
Sec. 652. Use of morale, welfare, and recreation facilities by members 
                            of reserve components and dependents.
Sec. 653. Special supplemental food program for Department of Defense 
                            personnel outside the United States.
Sec. 654. Reimbursement for certain losses of household effects caused 
                            by hostile action.
Sec. 655. Payment for transient housing for reserves performing certain 
                            training duty.
Sec. 656. Study of offset of disability compensation by receipt of 
                            separation benefits and incentives..
                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. Revision of definition of dependents to include young people 
                            being adopted by members or former members.
Sec. 702. Availability of dependents' dental program outside the United 
                            States.
Sec. 703. Conditions under which medical and dental care of abused 
                            dependents is authorized.
Sec. 704. Coordination of benefits with medicare.
Sec. 705. Authority for reimbursement of professional license fees 
                            under resource sharing agreements.
Sec. 706. Chiropractic health care demonstration program.
Sec. 707. Implementation of annual health care survey requirement.
Sec. 708. Study and report on financial relief for certain medicare-
                            eligible military retirees who incur 
                            medicare late enrollment penalties.
Sec. 709. Eligibility for participation in demonstration programs for 
                            sale of pharmaceuticals.
Sec. 710. Cost analysis of tidewater tricare delivery of pediatric 
                            health care to military families.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          Subtitle A--Use of Merit Based Selection Procedures

Sec. 801. Policy for merit based award of contracts and grants.
Sec. 802. Continuation of expiring requirement for annual report on the 
                            use of competitive procedures for awarding 
                            certain contracts to colleges and 
                            universities.
              Subtitle B--Acquisition Assistance Programs

Sec. 811. Procurement technical assistance programs.
Sec. 812. Pilot Mentor-Protege Program.
Sec. 813. Infrastructure assistance for historically black colleges and 
                            other minority institutions of higher 
                            education.
Sec. 814. Extension of test program for negotiation of comprehensive 
                            small business subcontracting plans.
Sec. 815. Limitation regarding acquisition assistance regulations 
                            required by Public Law 103-160 but not 
                            issued.
Sec. 816. Treatment under subcontracting plans of purchases from 
                            qualified nonprofit agencies for the blind 
                            or severely disabled.
                       Subtitle C--Other Matters

Sec. 821. Use of certain funds pending submission of a national 
                            technology and industrial base periodic 
                            defense capability assessment and a 
                            periodic defense capability plan.
Sec. 822. Delegation of industrial mobilization authority.
Sec. 823. Permanent authority for the Department of Defense to share 
                            equitably the costs of claims under 
                            international armaments cooperative 
                            programs.
Sec. 824. Determinations of public interest under the Buy American Act.
Sec. 825. Documentation for awards for cooperative agreements or other 
                            transactions under the defense technology 
                            reinvestment program.
Sec. 826. Comptroller General assessment of extent to which technology 
                            and industrial base programs attain policy 
                            objectives.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                    Subtitle A--Secretarial Matters

Sec. 901. Additional Assistant Secretary of Defense.
Sec. 902. Order of succession to Secretaries of the military 
                            departments.
    Subtitle B--Commission on Roles and Missions of the Armed Forces

Sec. 911. Review of reserve components.
Sec. 912. Support by federally funded research and development centers.
Sec. 913. Revision in composition of Commission.
                       Subtitle C--Other Matters

Sec. 921. Composition of reserve forces policy board.
Sec. 922. Continuation of Uniformed Services University of the Health 
                            Sciences.
Sec. 923. Joint duty credit for certain duty performed during military 
                            operations in support of unified, combined, 
                            or United Nations military operations.
Sec. 924. Assistance for certain workers dislocated due to reductions 
                            by the United States in the export of 
                            defense articles and services.
              Subtitle D--Professional Military Education

Sec. 931. Authority for Marine Corps University to award the degree of 
                            master of military studies.
Sec. 932. Board of advisors of Marine Corps University.
Sec. 933. Authority for Air University to award the degree of master of 
                            airpower art and science.
                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Emergency supplemental authorization of appropriations for 
                            fiscal year 1994.
Sec. 1003. Date for submission of future-years mission budget.
Sec. 1004. Submission of future-years defense program in accordance 
                            with law.
        Subtitle B--Matters Relating to Allies and Other Nations

Sec. 1011. Repeal of limitation on overseas military end strength.
Sec. 1012. Authorized end strength for military personnel in Europe.
Sec. 1013. Extension and revision of authorities relating to 
                            cooperative threat reduction.
Sec. 1014. Defense cooperation between the United States and Israel.
Sec. 1015. Military-to-military contacts and comparable activities.
Sec. 1016. Foreign disaster relief.
Sec. 1017. Burdensharing policy and report.
Sec. 1018. Review and report regarding Department of Defense programs 
                            relating to regional security and host 
                            nation development in the Western 
                            Hemisphere.
Sec. 1019. Payments-in-kind for release of United States overseas 
                            military facilities to NATO host countries.
Subtitle C--Nonproliferation and Counterproliferation of Weapon Systems 
                          and Related Systems

Sec. 1021. Extension and revision of nonproliferation authorities.
Sec. 1022. Joint Committee for the Review of Counterproliferation 
                            Programs of the United States.
Sec. 1023. Report on counterproliferation activities and programs.
Sec. 1024. Amounts for counterproliferation activities.
Sec. 1025. Restriction relating to report on proliferation of foreign 
                            military satellites.
                      Subtitle D--Peace Operations

Sec. 1031. Reports on reforming multilateral peace operations.
Sec. 1032. Support for international peacekeeping and peace 
                            enforcement.
                   Subtitle E--Reporting Requirements

Sec. 1041. Report on offensive biological warfare program of the states 
                            of the former Soviet Union.
Sec. 1042. Termination of certain Department of Defense reporting 
                            requirements.
 Subtitle F--Acceptance of Pre-release Services of Nonviolent Offenders

Sec. 1051. Use of inmate labor at military installations.
Sec. 1052. Revision of authority for use of Navy installations to 
                            provide employment training to nonviolent 
                            offenders in State penal systems.
Sec. 1053. Use of Army installations to provide employment training to 
                            nonviolent offenders in State penal 
                            systems.
            Subtitle G--Discrimination and Sexual harassment

Sec. 1056. Department of Defense policies and procedures on 
                            discrimination and sexual harassment.
                       Subtitle H--Other Matters

Sec. 1061. Redesignation of United States Court of Military Appeals and 
                            the Courts of Military Review.
Sec. 1062. Assistance to family members of certain POW/MIAs who remain 
                            unaccounted for.
Sec. 1063. National Guard assistance for certain youth and charitable 
                            organizations.
Sec. 1064. Defense Mapping Agency.
Sec. 1065. Transfer of naval vessels to Brazil.
Sec. 1066. Transfers of M1A1 tanks to the Marine Corps.
Sec. 1067. Limitation regarding merger of telecommunications systems.
Sec. 1068. Acquisition of strategic sealift ships.
Sec. 1069. Requirement for Secretary of Defense to submit 
                            recommendations on certain provisions of 
                            law concerning missing persons.
Sec. 1070. Contact between the Department of Defense and the ministry 
                            of national defense of China on POW/MIA 
                            issues.
Sec. 1071. Disclosure of information concerning unaccounted for United 
                            States personnel from the Korean Conflict, 
                            and the Cold War.
Sec. 1072. Requirement for certification by Secretary of Defense 
                            concerning declassification of Vietnam-era 
                            POW/MIA records.
Sec. 1073. Information concerning unaccounted for United States 
                            personnel of the Vietnam conflict.
Sec. 1074. Report on POW/MIA matters concerning North Korea.
Sec. 1075. Elimination of disparity between effective dates for 
                            military and civilian retiree cost-of-
                            living adjustments for fiscal year 1995.
Sec. 1076. Military recruiting on campus.
Sec. 1077. Study on convergence of Geosat and EOS altimetry programs.
Sec. 1078. Visas for officials of Taiwan.
Sec. 1079. Sense of the Senate concerning participation in allied 
                            defense cooperation.
Sec. 1080. Interagency placement program for Federal employees affected 
                            by reduction in force actions.
Sec. 1081. George C. Marshall European Center for Security Studies.
Sec. 1082. Changes in notice requirements upon pending or actual 
                            termination of defense programs.
Sec. 1083. Transfer of obsolete vessel Guadalcanal.
Sec. 1084. Study of spousal abuse involving Armed Forces personnel.
Sec. 1085. Review of the procedures used by Department of Defense 
                            investigative organizations when conducting 
                            an investigation into the death of a member 
                            of the Armed Forces who, while serving on 
                            active duty, died from a cause determined 
                            to be self-inflicted.
Sec. 1086. Public education facility of the Armed Forces Institute of 
                            Pathology.
Sec. 1087. Assignments of employees between Federal agencies and 
                            federally funded research and development 
                            centers.
Sec. 1088. Bosnia and Herzegovina.
Sec. 1089. Provision of intelligence and other assistance where drug 
                            trafficking threatens national security.
Sec. 1090. Administration of athletics programs at the service 
                            academies.
Sec. 1091. Review of the bottom up review and the future year defense 
                            program and establishment of new funding 
                            requirements and priorities.
Sec. 1092. Genocide in Rwanda.
Sec. 1093. Studies of health consequences of military service or 
                            employment in Southwest Asia during the 
                            Persian Gulf War.
Sec. 1094. Grants for research into the health consequences of the 
                            Persian Gulf War.
Sec. 1095. Compatibility of health registries.
Sec. 1096. Technical amendments.
Sec. 1097. North Atlantic Treaty Organization.
Sec. 1098. Limitation on obligation of funds for Mark-6 guidance sets 
                            for Trident II missiles.
Sec. 1099. Military planning for the size and structure of a force 
                            required for a major regional contingency 
                            on the Korean Peninsula.
            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. Relocation of Army family housing units from Fort Hunter 
                            Liggett, California, to Fort Stewart, 
                            Georgia.
Sec. 2106. Highway safety at Hawthorne Army Ammunition Plant, Nevada.
                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authority to carry out construction project, Naval Supply 
                            Center, Pensacola, Florida.
Sec. 2206. Relocation of Pascagoula Coast Guard Station, Mississippi.
Sec. 2207. Authority to carry out construction design for 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. Authorization of military construction projects at Tyndall 
                            Air Force Base, Florida, for which funds 
                            have been appropriated.
Sec. 2306. Revision of authorized family housing project, Tyndall Air 
                            Force Base, Florida.
                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
                            acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Termination of authority to carry out fiscal year 1993 
                            project.
Sec. 2407. Community impact assistance with regard to Naval Weapons 
                            Station, Charleston, South Carolina.
Sec. 2408. Planning and design for construction in support of 
                            consolidation of operations of the Defense 
                            Finance and Accounting Service.
      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. Authorization of certain National Guard and Reserve projects 
                            for which funds have been appropriated.
               TITLE XXVII--EXPIRATION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
                            specified by law.
Sec. 2702. Extension of authorization of certain fiscal year 1992 
                            projects.
Sec. 2703. Clarification of extension of authorizations of certain 
                            fiscal year 1991 projects.
Sec. 2704. Extension of certain fiscal year 1991 projects.
Sec. 2705. Effective date.
                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Clarification of requirement for notification of Congress of 
                            improvements in family housing units.
Sec. 2802. Authority to pay closing costs under Homeowners Assistance 
                            Program.
                    Subtitle B--Base Closure Matters

Sec. 2811. Prohibition against consideration in base closure process of 
                            advance conversion planning undertaken by 
                            potential affected communities.
Sec. 2812. Clarifying and technical amendments to base closure laws.
Sec. 2813. Sense of Senate on the activities of the Secretary of 
                            Defense in support of communities affected 
                            by base closures.
                Subtitle C--Land Transactions Generally

Sec. 2821. Land transfer, Holloman Air Force Base, New Mexico.
Sec. 2822. Joint use of property, Port Hueneme, California.
Sec. 2823. Lease of property, Naval Radio Receiving Facility, Imperial 
                            Beach, Coronado, California.
Sec. 2824. Release of reversionary interest on certain property in York 
                            County and James City County, Virginia, and 
                            Newport News, Virginia.
Sec. 2825. Land transfer, Fort Devens, Massachusetts.
Sec. 2826. Land conveyance, Cornhusker Army Ammunition Plant, Hall 
                            County, Nebraska.
Sec. 2827. Transfer or conveyance of certain parcels of property 
                            through General Services Administration.
       Subtitle D--Changes to Existing Land Transaction Authority

Sec. 2831. Modifications of land conveyance, Fort A.P. Hill Military 
                            Reservation, Virginia.
Sec. 2832. Modification of conveyance of electricity distribution 
                            system, Fort Dix, New Jersey.
Sec. 2833. Modification of land conveyance, Fort Knox, Kentucky.
Sec. 2834. Preservation of Calverton Pine Barrens, Naval Weapons 
                            Industrial Reserve Plant, New York, as 
                            nature preserve.
                       Subtitle E--Other Matters

Sec. 2841. Joint construction contracting for commissaries and 
                            nonappropriated fund instrumentality 
                            facilities.
Sec. 2842. National Guard facility contracts subject to performance 
                            supervision by the Army or the Navy.
Sec. 2843. Waiver of reporting requirements for certain real property 
                            transactions in the event of war or 
                            national emergency.
Sec. 2844. Report on use of funds for environmental restoration at 
                            Cornhusker Army Ammunition Plant, Hall 
                            County, Nebraska.
Sec. 2845. Department of Defense laboratory revitalization 
                            demonstration program.
Sec. 2846. Agreements of settlement for release of improvements at 
                            overseas military installations.
Sec. 2847. Revisions to release of reversionary interest, Old Spanish 
                            Trail Armory, Harris County, Texas.
Sec. 2848. Transfer of jurisdiction, Air Force Housing at Radar Bomb 
                            Scoring Site, Holbrook, Arizona.
Sec. 2849. Assistance for public participation in defense environmental 
                            restoration activities.
Sec. 2850. Sense of the Senate on authoriaton of funds for military 
                            construction projects not requested in the 
                            President's annual budget request.
 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. General reduction in authorization of appropriations.
                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Funds transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement for completion of conceptual design to precede 
                            request for 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. Limitation on use of funds for special access programs.
Sec. 3136. Protection of nuclear weapons facilities workers.
Sec. 3137. National security programs.
Sec. 3138. Scholarship and Fellowship Program for Environmental 
                            Restoration and Waste Management.
Sec. 3139. Hazardous materials management and hazardous materials 
                            emergency response training program.
Sec. 3140. Programs for persons who may have been exposed to radiation 
                            released from Hanford Nuclear Reservation.
Sec. 3141. Solar energy activities at Nevada Test Site, Nevada,
                       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. Nuclear Weapons Council Membership.
Sec. 3155. Office of Fissile Materials Disposition.
Sec. 3156. Extension of authority to loan personnel and facilities at 
                            Idaho National Engineering Laboratory.
Sec. 3157. Elimination of requirement for five-year plan for defense 
                            nuclear facilities.
Sec. 3158. Authority for appointment of certain scientific, 
                            engineering, and technical personnel.
Sec. 3159. Department of Energy Declassification Productivity 
                            Initiative.
Sec. 3160. Safety oversight and enforcement at defense nuclear 
                            facilities.
Sec. 3161. Conditions on contracts between the Federal Government and 
                            certain lessees and transferees of 
                            Department of Energy property.
   TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION

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

Sec. 3301. Disposal of obsolete and excess materials contained in the 
                            National Defense Stockpile.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Repeal of advisory committee requirement.
Sec. 3304. Rotation of materials to prevent technological obsolescence.
                       TITLE XXXIV--CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.
                  TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Sec. 3504. Costs of educational services obtained in the United States.
Sec. 3505. Special immigrant status of Panamanians employed by the 
                            United States in the former Canal Zone.
               DIVISION D--FEDERAL ACQUISITION STREAMLING

Sec. 40001. Short title.
                     TITLE XLI--CONTRACT FORMATION

                    Subtitle A--Competition Statutes

                  subpart a--competition requirements
Sec. 41001. References to Federal Acquisition Regulation.
Sec. 41002. Establishment or maintenance of alternative sources of 
                            supply.
Sec. 41003. Clarification of approval authority for use of procedures 
                            other than full and open competition.
Sec. 41004. Task order contracts for advisory and assistance services.
Sec. 410subpart b--planning, solicitation, evaluation, and award
Sec. 41011. Source selection factors.
Sec. 41012. Solicitation provision regarding evaluation of purchase 
                            options.
Sec. 41013. Prompt notice of award.
Sec. 41014. Post-award debriefings.
Sec. 41015. Protest file.
Sec. 41016. Award of costs and fees in agency settlement of protests.
Sec. 41017. Two-phasesubpart c--kinds of contracts
Sec. 41021. Secretarial determination regarding use of cost type or 
                            incentive contract.
Sec. subpart d--miscellaneous provisions for the encouragement of 
                              competition
Sec. 41031. Repeal of requirement for annual report by advocates for 
                            competition.
                 Psubpart a--competition requirementss
Sec. 41051. References to Federal Acquisition Regulation.
Sec. 41052. Establishment or maintenance of alternative sources of 
                            supply.
Sec. 41053. Clarification of approval authority for use of procedures 
                            other than full and open competition.
Sec. 41054. Task order contracts for advisory and assistance services.
Sec. 41055. Acquisition of expert services.
Sec. 410subpart b--planning, solicitation, evaluation, and award
Sec. 41061. Solicitation, evaluation, and award.
Sec. 41062. Solicitation provision regarding evaluation of purchase 
                            options.
Sec. 41063. Prompt notice of award.
Sec. 41064. Post-award debriefings.
Sec. 41065. Protest file.
Sec. 41066. Award of costs and fees in agency settlement of protests.
Sec. 41067. Two-phasesubpart c--kinds of contracts
Sec. 41071. Agency head determination regarding use of cost type or 
                            incentive contract.
Sec. 41072. Multiyear contracting authority.
Sec. 41073. Severable services contracts crossing fiscal years.
Sec. 41074. Economy Act purchases.
                    Part III--Acquisitions Generally

Sec. 41091. Policy regarding consideration of contractor past 
                            performance.
Sec. 41092. Repeal of requirement for annual report on competition.
                   Subtitle B--Truth in Negotiations

                  Part I--Armed Services Acquisitions

Sec. 41101. Stabilization of dollar threshold of applicability.
Sec. 41102. Exceptions to cost or pricing data requirements.
Sec. 41103. Limitation on authority to require a submission not 
                            otherwise required.
Sec. 41104. Additional special rules for commercial items.
Sec. 41105. Right of United States to examine contractor records.
Sec. 41106. Required regulations.
Sec. 41107. Consistency of time references.
Sec. 41108. Exception for transfers between divisions, subsidiaries, 
                            and affiliates.
Sec. 41109. Repeal of superseded provision.
                 Part II--Civilian Agency Acquisitions

Sec. 41151. Revision of civilian agency provisions to ensure uniform 
                            treatment of cost or pricing data.
Sec. 41152. Repeal of obsolete provision.
                  Subtitle C--Research and Development

Sec. 41201. Research projects.
Sec. 41202. Elimination of inflexible terminology regarding 
                            coordination and communication of defense 
                            research activities.
                    Subtitle D--Procurement Protests

              Part I--Protests to the Comptroller General

Sec. 41301. Protest defined.
Sec. 41302. Review of protests and effect on contracts pending 
                            decision.
Sec. 41303. Decisions on protests.
Sec. 41304. Regulations.
                Part II--Protests in the Federal Courts

Sec. 41321. Nonexclusivity of remedies.
Sec. 41322. Jurisdiction of the United States Court of Federal Claims.
    Part III--Protests in Procurements of Automatic Data Processing

Sec. 41331. Revocation of delegations of procurement authority.
Sec. 41332. Authority of the General Services Administration Board of 
                            Contract Appeals.
Sec. 41333. Periods for certain actions.
Sec. 41334. Dismissals of protests.
Sec. 41335. Award of costs.
Sec. 41336. Dismissal agreements.
Sec. 41337. Jurisdiction of district courts.
Sec. 41338. Matters to be covered in regulations.
Sec. 41339. Definitions.
               Subtitle E--Definitions and Other Matters

                  Part I--Armed Services Acquisitions

Sec. 41401. Definitions.
Sec. 41402. Delegation of procurement functions.
Sec. 41403. Determinations and decisions.
Sec. 41404. Undefinitized contractual actions: restrictions.
Sec. 41405. Production special tooling and production special test 
                            equipment: contract terms and conditions.
Sec. 41406. Regulations for bids.
                 Part II--Civilian Agency Acquisitions

Sec. 41451. Definitions.
Sec. 41452. Delegation of procurement functions.
Sec. 41453. Determinations and decisions.
Sec. 41454. Cooperative purchasing.
                  TITLE XLII--CONTRACT ADMINISTRATION

                      Subtitle A--Contract Payment

                  Part I--Armed Services Acquisitions

Sec. 42001. Contract financing.
Sec. 42002. Contracts: vouchering procedures.
                 Part II--Civilian Agency Acquisitions

Sec. 42051. Contract financing.
                      Subtitle B--Cost Principles

                  Part I--Armed Services Acquisitions

Sec. 42101. Allowable contract costs.
Sec. 42102. Contract profit controls during emergency periods.
                 Part II--Civilian Agency Acquisitions

Sec. 42151. Allowable contract costs.
                    Part III--Acquisitions Generally

Sec. 42191. Travel expenses of government contractors.
Sec. 42192. Unallowability of entertainment costs under covered 
                            contracts.
                Subtitle C--Audit and Access to Records

                  Part I--Armed Services Acquisitions

Sec. 42201. Consolidation and revision of authority to examine records 
                            of contractors.
                 Part II--Civilian Agency Acquisitions

Sec. 42251. Authority to examine records of contractors.
                 Subtitle D--Cost Accounting Standards

Sec. 42301. Exceptions to coverage.
Sec. 42302. Repeal of obsolete deadline regarding procedural 
                            regulations for the Cost Accounting 
                            Standards Board.
 Subtitle E--Administration of Contract Provisions Relating to Price, 
                     Delivery, and Product Quality

                  Part I--Armed Services Acquisitions

Sec. 42401. Procurement of critical aircraft and ship spare parts; 
                            quality control.
Sec. 42402. Contractor guarantees regarding weapon systems.
                    Part II--Acquisitions Generally

Sec. 42451. Section 3737 of the Revised Statutes: expansion of 
                            authority to prohibit setoffs against 
                            assignees; reorganization of section; 
                            revision of obsolete provisions.
Sec. 42452. Repeal of requirement for deposit of contracts with GAO.
                    Subtitle F--Claims and Disputes

                  Part I--Armed Services Acquisitions

Sec. 42501. Certification of contract claims.
Sec. 42502. Shipbuilding claims.
                    Part II--Acquisitions Generally

Sec. 42551. Claims jurisdiction of United States district courts and 
                            the United States Court of Federal Claims.
Sec. 42552. Contract Disputes Act improvements.
Sec. 42553. Extension of alternative dispute resolution authority.
Sec. 42554. Expedited resolution of contract administration complaints.
Sec. 42555. Authority for District Courts to obtain advisory opinions 
                            from boards of contract appeals in certain 
                            cases.
        TITLE XLIII--SERVICE SPECIFIC AND MAJOR SYSTEMS STATUTES

                   Subtitle A--Major Systems Statutes

Sec. 43001. Requirement for independent cost estimates and manpower 
                            estimates before development or production.
Sec. 43002. Enhanced program stability.
Sec. 43003. Repeal of requirement to designate certain major defense 
                            acquisition programs as defense enterprise 
                            programs.
Sec. 43004. Repeal of requirement for competitive prototyping in major 
                            programs.
Sec. 43005. Repeal of requirement for competitive alternative sources 
                            in major programs.
                      Subtitle B--Testing Statutes

Sec. 43011. Director of Operational Test and Evaluation to report 
                            directly to Secretary of Defense.
Sec. 43012. Responsibility of Director of Operational Test and 
                            Evaluation for live fire testing.
Sec. 43013. Requirement for unclassified version of annual report on 
                            operational test and evaluation.
                   Subtitle C--Service Specific Laws

Sec. 43021. Gratuitous services of officers of certain reserve 
                            components.
Sec. 43022. Authority to rent samples, drawings, and other information 
                            to others.
Sec. 43023. Civil Reserve Air Fleet.
Sec. 43024. Exchange of personnel.
Sec. 43025. Scientific investigation and research for the Navy.
Sec. 43026. Construction of combatant and escort vessels and assignment 
                            of vessel projects.
Sec. 43027. Repeal of requirement for construction of vessels on 
                            Pacific coast.
Sec. 43028. Authority to transfer by gift a vessel stricken from Naval 
                            Vessel Register.
Sec. 43029. Naval salvage facilities.
 Subtitle D--Department of Defense Commercial and Industrial Activities

Sec. 43051. Accounting requirement for contracted advisory and 
                            assistance services.
               Subtitle E--Fuel- and Energy-Related Laws

Sec. 43061. Liquid fuels and natural gas: contracts for storage, 
                            handling, or distribution.
                      Subtitle F--Fiscal Statutes

Sec. 43071. Disbursement of funds of military department to cover 
                            obligations of another agency of Department 
                            of Defense.
                       Subtitle G--Miscellaneous

Sec. 43081. Obligation of funds: limitation.
Sec. 43082. Repeal of requirements regarding product evaluation 
                            activities.
Sec. 43083. Codification and revision of limitation on lease of 
                            vessels, aircraft, and vehicles.
Sec. 43084. Soft drink supplies for exchange stores.
Sec. 43085. Repeal of preference for recycled toner cartridges.
 TITLE XLIV--SIMPLIFIED ACQUISITION THRESHOLD AND SOCIOECONOMIC, SMALL 
                    BUSINESS, AND MISCELLANEOUS LAWS

              Subtitle A--Simplified Acquisition Threshold

                   Part I--Establishment of Threshold

Sec. 44001. Simplified acquisition threshold.
                 Part II--Simplification of Procedures

Sec. 44011. Simplified acquisition procedures.
Sec. 44012. Small business reservation.
Sec. 44013. Fast payment under simplified acquisition procedures.
Sec. 44014. Procurement notice.
Sec. 44015. Electronic commerce for Federal Government procurements.
   Part III--Applicability of Laws to Acquisitions Not in Excess of 
                    Simplified Acquisition Threshold

Sec. 44021. Future enacted procurement laws.
Sec. 44022. Armed services acquisitions.
Sec. 44023. Civilian agency acquisitions.
Sec. 44024. Acquisitions generally.
                     Part IV--Conforming Amendments

Sec. 44071. Armed services acquisitions.
Sec. 44072. Civilian agency acquisitions.
Sec. 44073. Office of Federal Procurement Policy Act.
Sec. 44074. Small Business Act.
                    Part V--Revision of Regulations

Sec. 44081. Revision required.
           Subtitle B--Socioeconomic and Small Business Laws

Sec. 44101. Acquisitions generally.
Sec. 44102. Acquisitions from small businesses.
Sec. 44103. Contracting program for certain small business concerns.
Sec. 44104. Procurement goals for small business concerns owned by 
                            women.
Sec. 44105. Development of definitions regarding certain small business 
                            concerns.
               Subtitle C--Miscellaneous Acquisition Laws

Sec. 44151. Prohibition on use of funds for documenting economic or 
                            employment impact of certain acquisition 
                            programs.
Sec. 44152. Restriction on use of noncompetitive procedures for 
                            procurement from a particular source.
                   TITLE XLV--ACQUISITION MANAGEMENT

                Subtitle A--Armed Services Acquisitions

Sec. 45001. Performance based management.
Sec. 45002. Results oriented acquisition program cycle.
Sec. 45003. Defense acquisition pilot program designations.
                Subtitle B--Civilian Agency Acquisitions

Sec. 45051. Performance based management.
Sec. 45052. Results-oriented acquisition process.
                       Subtitle C--Miscellaneous

Sec. 45091. Contractor exceptional performance awards.
Sec. 45092. Department of Defense acquisition of intellectual property 
                            rights.
                    TITLE XLVI--STANDARDS OF CONDUCT

                     Subtitle A--Ethics Provisions

Sec. 46001. Amendments to Office of Federal Procurement Policy Act.
Sec. 46002. Amendments to title 18, United States Code.
Sec. 46003. Repeal of superseded and obsolete laws.
Sec. 46004. Implementation.
                   Subtitle B--Additional Amendments

Sec. 46051. Contracting functions performed by Federal personnel.
Sec. 46052. Repeal of executed requirement for study and report.
Sec. 46053. Interests of Members of Congress.
Sec. 46054. Waiting period for significant changes proposed for 
                            acquisition regulations.
                  Subtitle C--Whistleblower Protection

Sec. 46101. Armed services procurements.
Sec. 46102. Governmentwide whistleblower protections for contractor 
                            employees.
               TITLE XLVII--DEFENSE TRADE AND COOPERATION

Sec. 47001. Purchases of foreign goods.
Sec. 47002. International cooperative agreements.
Sec. 47003. Acquisition, cross-servicing agreements, and 
                            standardization.
                     TITLE XLVIII--COMMERCIAL ITEMS

Sec. 48001. Definitions.
Sec. 48002. Preference for acquisition of commercial items and 
                            nondevelopmental items.
Sec. 48003. Acquisition of commercial items.
Sec. 48004. Class waiver of applicability of certain laws.
Sec. 48005. Inapplicability of certain provisions of law.
Sec. 48006. Flexible deadlines for submission of offers of commercial 
                            items.
Sec. 48007. Advocates for acquisition of commercial and 
                            nondevelopmental items.
Sec. 48008. Provisions not affected.
Sec. 48009. Comptroller General review of Federal Government use of 
                            market research.
                  TITLE XLIX--MISCELLANEOUS PROVISIONS

Sec. 49001. Comptroller General review of the provision of legal advice 
                            for inspectors general.
Sec. 49002. Cost savings for official travel.
Sec. 49003. Prompt resolution of audit recommendations.
Sec. 49004. Uniform suspension and debarment.
              TITLE L--EFFECTIVE DATES AND IMPLEMENTATION

Sec. 50001. Effective dates.
Sec. 50002. Implementing regulations.
Sec. 50003. Evaluation by the Comptroller General.
Sec. 50004. Data collection through the Federal procurement data 
                            system.
  TITLE LI--WAIVER OF THE APPLICATION OF THE PREVAILING WAGE-SETTING 
                       REQUIREMENTS TO VOLUNTEERS

Sec. 51001. Short title.
Sec. 51002. Purpose.
Sec. 51003. Waiver.
Sec. 51004. Report.

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.

SEC. 4. GENERAL LIMITATION.

    Notwithstanding any other provision of this Act, the total amount 
authorized to be appropriated for fiscal year 1995 under the provisions 
of this Act is $263,130,327,000, of which the total amount authorized 
to be appropriated for fiscal year 1995 under the provisions of--
            (1) division A is $244,063,401,000;
            (2) division B is $8,593,903,000; and
            (3) division C is $10,473,023,000.

            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, $1,073,781,000.
            (2) For missiles, $693,909,000.
            (3) For weapons and tracked combat vehicles, 
        $1,132,886,000.
            (4) For ammunition, $870,361,000.
            (5) For other procurement, $2,677,719,000.

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, $4,535,601,000.
            (2) For weapons, including missiles and torpedoes, 
        $2,428,539,000.
            (3) For shipbuilding and conversion, $6,132,807,000.
            (4) For other procurement, $3,310,217,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 1995 for procurement for the Marine Corps in the amount 
of $528,857,000.

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, $6,587,994,000.
            (2) For missiles, $4,330,473,000.
            (3) For other procurement, $6,961,153,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for Defense-wide procurement in the amount of $1,935,616,000.

SEC. 105. 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, $85,000,000.
            (2) For the Air National Guard, $270,000,000.
            (3) For the Army Reserve, $75,000,000.
            (4) For the Naval Reserve, $65,000,000.
            (5) For the Air Force Reserve, $60,000,000.
            (6) For the Marine Corps Reserve, $45,000,000.

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

    (a) Authorization.--There is hereby authorized to be appropriated 
for fiscal year 1995 the amount of $590,149,000 for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare material of the 
        United States that is not covered by section 1412 of such Act.
    (b) Limitation.--Of the funds specified in subsection (a)--
            (1) $363,584,000 is for operation and maintenance;
            (2) $215,265,000 is for procurement; and
            (3) $11,300,000 is for research and development efforts in 
        support of the nonstockpile chemical weapons program.
    (c) Authority for Obligation of Unauthorized Appropriations.--The 
Department of Defense may obligate and expend $25,000,000 of the funds 
appropriated for research, development, test, and evaluation under the 
heading ``Chemical Agents and Munitions Destruction, Defense'' in title 
VI of Public Law 103-139 (107 Stat. 1436) in accordance with the 
appropriation for such funds in that Act.
    (d) Identification of Funds for Program.--Section 1412(f) of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(f)) is 
amended by striking out the last sentence and inserting in lieu thereof 
the following: ``Funds for military construction projects necessary to 
carry out this section shall be set forth in the budget of the 
Department of Defense for any fiscal year as a separate account.''.

SEC. 107. JOINT TRAINING, ANALYSIS AND SIMULATION CENTER.

    Of the funds authorized to be appropriated for other procurement 
for the Navy, $10,500,000 shall be available for procurement of 
command, control, communications and computer equipment for a Joint 
Training, Analysis and Simulation Center for the United States Atlantic 
Command.

                       Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 TANK UPGRADES.

    The Secretary of the Army may enter into multiyear procurement 
contracts for procurement of M1A2 Abrams tank upgrades in accordance 
with section 2306(h) of title 10, United States Code.

SEC. 112. TRANSFER OF REPLACEMENT ARMY TANK TO MARINE CORPS RESERVE.

    The Secretary of the Army shall transfer one M1A1 common tank to 
the Marine Corps Reserve not later than the latest date on which any of 
the additional 24 M1A2 upgrades provided for under authorizations of 
appropriations in this Act is accepted by the Army.

SEC. 113. REPLACEMENT SURVEILLANCE SYSTEM FOR KOREA.

    (a) Lease Authorized.--Funds available to the Army for procurement 
of OV-1 aircraft that remain unobligated by reason of the early 
retirement of OV-1 aircraft deployed in Korea may be used for leasing a 
moving target indicator radar or another surveillance system to replace 
the surveillance capability of such aircraft in Korea if--
            (1) the lease provides for deployment of the system within 
        180 days after the date of the enactment of this Act;
            (2) the Republic of Korea pays 50 percent of the cost of 
        the lease;
            (3) the lease includes an option for the Republic of Korea 
        to purchase the leased system after the joint surveillance and 
        target attack radar surveillance system (JSTARS) program 
        attains initial operational capability; and
            (4) the lease expires within 180 days after the date on 
        which the JSTARS system is planned, as of the date of the 
        enactment of this Act, to attain initial operational 
        capability.
    (b) Waiver Authority.--Section 1024(b) of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1460) is amended by striking out ``section 1439(b)(2)'' and 
inserting in lieu thereof ``section 1439''.

SEC. 114. SMALL ARMS INDUSTRIAL BASE.

    (a) Funding for Procurement.--Of the funds authorized to be 
appropriated pursuant to section 101(3)--
            (1) $38,902,000 shall be available for procurement of MK19-
        3 grenade machine guns;
            (2) $13,000,000 shall be available for procurement of M16A2 
        rifles;
            (3) $24,016,000 shall be available for procurement of M249 
        squad automatic weapons; and
            (4) $13,165,000 shall be available for procurement of M4 
        carbines.
    (b) Multiyear Contracts Authorized.--(1) During fiscal year 1995, 
the Secretary of the Army may, in accordance with section 2306(h) of 
title 10, United States Code, enter into multiyear contracts to meet 
the following objectives for quantities of small arms weapons to be 
acquired for the Army:
            (A) 21,217 MK19-3 grenade machine guns;
            (B) 1,002,277 M16A2 rifles;
            (C) 71,769 M249 squad automatic weapons; and
            (D) 132,510 M4 carbines.
    (2) If the Army does not enter into contracts in fiscal year 1995 
that will meet all the objectives set forth in paragraph (1), the 
Secretary shall, to the extent provided for in appropriations Acts, 
enter into multiyear contracts on or after October 1, 1995, to meet 
such objectives.
    (3) Notwithstanding the first sentence of section 2306(h)(8) of 
title 10, United States Code, the period of a multiyear contract 
entered into under this subsection may not exceed 10 years.
    (c) Follow-On Weapons.--The Secretary of the Army shall provide for 
procurement of product improvements for existing small arms weapons and 
may do so within multiyear contracts entered into pursuant to 
subsection (b).
    (d) Joint Small Arms Master Plan.--(1) The Secretaries of the 
military departments shall jointly develop a master plan for meeting 
the immediate and future needs of the Armed Forces for small arms. The 
Secretary of the Army shall coordinate the development of the joint 
small arms master plan. The joint small arms master plan shall 
include--
            (A) an examination of the relative advantages and 
        disadvantages of improving existing small arms weapons as 
        compared to investing in new, advanced technology weapons; and
            (B) an analysis of the effects of each such approach on the 
        small arms industrial base.
    (2) Not later than April 1, 1995, the Under Secretary of Defense 
for Acquisition and Technology shall--
            (A) review the joint small arms master plan and the results 
        of the examination of relative advantages and disadvantages of 
        the two courses of action described in paragraph (1); and
            (B) transmit the plan, together with any comments that the 
        Under Secretary considers appropriate, to the congressional 
        defense committees.
    (e) Funding for RDT&E.--Of the funds authorized to be appropriated 
under section 201(1)--
            (1) $5,000,000 shall be available for the Objective Crew-
        Served Weapons System; and
            (2) $3,000,000 shall be available for product improvements 
        to existing small arms weapons.

SEC. 115. BUNKER DEFEAT MUNITION MISSILES.

    (a) Authority.--The Secretary of the Army may acquire up to 6,000 
type classified standard bunker defeat munition weapons.
    (b) Funding.--Funds authorized to be appropriated for the Army for 
fiscal year 1994 shall be available for acquisition of bunker defeat 
munition weapons in accordance with subsection (a) as follows:
            (1) Of the amount authorized to be appropriated by section 
        101(4), $7,761,000.
            (2) Of the amount authorized to be appropriated by section 
        201(1), $2,600,000.

                       Subtitle C--Navy Programs

SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.

    (a) Transfer of Fiscal Year 1994 Funds.--To the extent provided in 
appropriations Acts, $1,200,000,000 may be transferred from the 
National Defense Sealift Fund to the funds appropriated pursuant to the 
authorization in section 102(a)(3).
    (b) Availability for CVN-76.--The funds transferred shall be 
available for the CVN-76 nuclear aircraft carrier program.
    (c) Relationship to Other Authorization.--The amount of the funds 
transferred shall be in addition to the amount authorized to be 
appropriated in section 102(a)(3) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1563).
    (d) Relationship to Other Transfer Authority.--The transfer 
authority in paragraph (1) is in addition to any other transfer 
authority provided in this or any other Act.

SEC. 122. SEAWOLF SUBMARINE PROGRAM.

    (a) Limitation of Costs.--Except as provided in subsection (b), the 
total amount obligated or expended for procurement of the SSN-21 and 
SSN-22 Seawolf submarines may not exceed $4,759,571,000.
    (b) Automatic Increase of Limitation Amount.--The amount of the 
limitation set forth in subsection (a) is increased by the following 
amounts:
            (1) The amounts of outfitting costs and post-delivery costs 
        incurred for the submarines referred to in such subsection.
            (2) The amounts of increases in costs attributable to 
        economic inflation.
            (3) The amounts of increases in costs attributable to 
        compliance with changes in Federal, State, or local laws.

SEC. 123. NAVAL AMPHIBIOUS READY GROUPS.

    (a) Findings.--Congress makes the following findings:
            (1) Extensive and compelling testimony from uniformed 
        military and Department of Defense leadership has been received 
        which supports a military requirement for twelve Amphibious 
        Ready Groups.
            (2) An official Department of Navy report required by the 
        Fiscal Year 1993 National Defense Authorization Act clearly 
        stipulates that a seventh LHD is required in order for the Navy 
        to achieve a force structure of twelve Amphibious Ready Groups.
            (3) The Department of Navy has identified funds for the 
        purchase of LHD-7 in outyear budget projections.
            (4) A significant shortfall in amphibious shipping and 
        amphibious lift exists, both in the fiscal year 1995 budget 
        request and in outyear force structure projections.
            (5) Amphibious Assault Ships (LHDs) provide an important 
        contingency capability and are uniquely suited to respond to 
        world crises and to provide assistance after natural disasters.
            (6) Twelve Amphibious Ready Groups are the correct number 
        to sustain forward deployment and contingency requirements of 
        the Navy.
            (b) Sense of Congress.--It is the sense of Congress that 
        the Secretary of the Navy should, plan for, and budget to 
        provide for, the attainment of a twelfth Amphibious Ready Group 
        as soon as possible. Further, the Secretary of the Navy should 
        extend the existing contract option on the LHD-7 Amphibious 
        Assault Ship in order to achieve twelve Amphibious Ready 
        Groups.
    (c) LHD-7 Contract Option Extension.--
            (1) The Secretary of the Navy is authorized to extend the 
        existing contract option for the LHD-7 Amphibious Assault ship 
        if the Secretary determines that the extension would be in the 
        best interest of the United States.
            (2) The Secretary of the Navy shall immediately begin 
        negotiations to extend the existing contract option for the 
        LHD-7 Amphibious Assault Ship Program.
            (3) On and after the date that is 30 days after the date on 
        which the Secretary notifies Congress of an intention to do so, 
        the Secretary may use such program funds authorized to be 
        appropriated for other Navy programs for such contract. The 
        notification shall include a description of the intended use of 
        the funds.
    (d) Report Requirement.--The Secretary of the Navy shall report to 
the Congress, after December 31, 1994, but before March 31, 1995, 
Department of the Navy intentions related to contract execution of the 
existing contract option for the LHD-7 Amphibious Assault Ship. The 
report shall include an explanation of the Department's actions related 
to the attainment of a twelfth Amphibious Ready Group and the costs and 
benefits of extending the existing contract option on the LHD-7 
Amphibious Assault Ship.

                     Subtitle D--Air Force Programs

SEC. 131. SETTLEMENT OF CLAIMS UNDER THE C-17 AIRCRAFT PROGRAM.

    (a) Supplemental Agreements Authorized.--On or before September 30, 
1995, but subject to subsection (e), the Secretary of the Air Force may 
enter into supplemental agreements pertaining to Air Force prime 
contract F33657-81-C-2108 and such other Air Force contracts relating 
to the C-17 aircraft program in effect on the date of enactment of this 
Act as the Secretary determines appropriate--
            (1) to settle claims and disputes arising under such 
        contracts as provided in the C-17 settlement agreement letter;
            (2) to revise the delivery schedules under such contracts 
        as provided in the C-17 settlement agreement letter, for 
        aircraft T-1 and P-1 through P-6; and
            (3) to revise range specifications, payload specifications, 
        and other specifications under such contracts as provided in 
        Attachment B to the C-17 settlement agreement letter.
    (b) Further Consideration Not Required.--The supplemental 
agreements referred to in subsection (a) may be entered into without 
requiring further consideration from the contractor only to the extent 
provided for in the C-17 settlement agreement letter.
    (c) Release of Contractor Claims Required.--Each supplemental 
agreement referred to in subsection (a) shall require the prime 
contractor to release and forever discharge the Government from all 
contractual claims, demands, requests for equitable adjustment, and any 
other causes of action, known or unknown, that the prime contractor may 
have on or before January 6, 1994 arising out of the C-17 program 
contracts as provided in the C-17 settlement agreement letter.
    (d) Contract Modifications Regarding Contractor Commitments.--The 
Secretary of the Air Force shall incorporate in each appropriate C-17 
contract the prime contractor's commitment to extend the flight test 
program, redesign the wing, implement Computer Aided Design/Computer 
Aided Manufacturing System improvements, Management Information System 
improvements, and Advanced Quality System improvements, implement 
product improvement cost reduction projects, and resolve other C-17 
program issues on a nonreimbursable or cost-share basis as provided in 
the C-17 settlement agreement letter.
    (e) Notice-and-Wait Requirement.--The Secretary of the Air Force 
may not enter into a supplemental agreement referred to in subsection 
(a) until 30 days after the date on which the Secretary of Defense 
certifies to Congress that the terms and conditions set forth in the C-
17 settlement agreement letter, including the settlement of claims, are 
in the best interests of the Government.
    (f) Construction Regarding Other Contractor Obligations.--Nothing 
in this section shall be construed as relieving the contractor of any 
obligation provided for in the C-17 settlement agreement letter.
    (g) C-17 Settlement Agreement Letter.--The C-17 settlement 
agreement letter referred to in this section is the agreement that was 
proposed to the prime contractor for the C-17 aircraft program by the 
Under Secretary of Defense for Acquisition and Technology by letter 
dated January 3, 1994, and was accepted by the prime contractor on 
January 6, 1994.

SEC. 132. RETIREMENT OF BOMBER AIRCRAFT.

    No funds authorized to be appropriated by this Act or any other Act 
may be obligated or expended during fiscal year 1995 for retiring, or 
preparing to retire, any B-52H, B-1B, or F-111 bomber aircraft.

                       Subtitle E--Other Matters

SEC. 141. PRESERVING THE BOMBER INDUSTRIAL BASE.

    (a) Funds To Preserve the Bomber Industrial Base.--Of the funds 
authorized to be appropriated under section 103(1), not more than 
$150,000,000 shall be available only for the following purposes:
            (1) To retain B-2 bomber production tooling in ready 
        status.
            (2) To preserve a production capability for spare parts and 
        aircraft subsystems among lower-tier vendors.
            (3) To develop detailed production plans for a derivative 
        of the B-2 bomber that is not capable of delivering nuclear 
        weapons.
            (4) To carry out any other program, project, or activity, 
        not prohibited by subsection (b) or (c), that the Secretary 
        determines will help to preserve the bomber industrial base of 
        the United States.
    (b) Prohibition.--None of the funds made available pursuant to this 
section may be used to procure any major structural part for B-2 bomber 
aircraft or any other part for B-2 bomber aircraft that is not a part 
previously acquired or planned to be acquired for the B-2 bomber 
aircraft under the initial or sustaining spares program.
    (c) No Authorization of Advance Procurement.--Nothing in this 
section shall be construed as authorizing the procurement, including 
long-lead procurement, of a twenty-second B-2 bomber.
    (d) Exemption From Limitation on Total Program Cost.--Obligations 
of funds made available pursuant to this section for the purposes set 
forth in subsection (a) may not be counted for purposes of the 
limitation in section 131(d) of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1569).
    (e) Estimates of Total Cost Required--(1) Not later than January 
15, 1995, the Secretary of Defense shall submit to the congressional 
defense committees two estimates of the total cost of acquisition of 20 
additional B-2 bomber aircraft, including the cost of research, 
development, test and evaluation and the cost of related military 
construction.
    (2) The Secretary shall assume for purposes of making one of the 
estimates that such aircraft will be procured at the rate of 2 aircraft 
in each of fiscal years 1997 and 1998, 3 such aircraft in each of 
fiscal years 1999 through 2002, and 4 such aircraft in fiscal year 
2003. The Secretary shall assume for purposes of making the other 
estimate that such aircraft will be procured at an annual rate of 2.5 
aircraft beginning in fiscal year 1997.
    (3) In addition to stating the estimates in terms of estimated 
total actual cost, the Secretary shall state the estimates in terms of 
fiscal year 1995 constant dollars.

SEC. 142. DUAL-USE ELECTRIC AND HYBRID VEHICLES.

    (a) Funding.--Of the funds authorized to be appropriated by this 
title, $15,000,000 shall be available for procurement of electric and 
hybrid vehicles for military uses and for commercialization of such 
vehicles for nonmilitary uses.
    (b) Limitation.--(1) Funds made available pursuant to subsection 
(a) may not be expended until the Secretary of Defense and the 
Secretary of Energy enter into a memorandum of understanding that 
specifies the responsibilities of each Secretary for procurement and 
commercialization activities to be carried out with such funds.
    (2) The provisions of the memorandum of understanding shall be 
consistent with the missions of the Department of Defense and the 
Department of Energy and with the goals and requirements set forth in 
the Energy Policy Act of 1992 (Public Law 102-486; 42 U.S.C. 13271 et 
seq.) and the amendments made to the Clean Air Act (42 U.S.C. 7401 et 
seq.) by Public Law 101-549 (commonly known as the ``Clean Air Act 
Amendments of 1990''; 104 Stat. 2399).

SEC. 143. SALES AUTHORITY OF WORKING-CAPITAL FUNDED ARMY INDUSTRIAL 
              FACILITIES.

    Section 4543(a) of title 10, United States Code, is amended--
            (1) in the matter above paragraph (1), by striking out 
        ``nondefense-related commercial'';
            (2) by striking out ``and'' at the end of paragraph (3);
            (3) by striking out the period at the end of paragraph (4) 
        and inserting in lieu thereof a semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(5) the Secretary of the Army determines that the 
        articles or services are not available from a commercial source 
        located in the United States;
            ``(6) the purchaser of an article or service agrees to hold 
        harmless and indemnify the United States, except in cases of 
        willful misconduct or extreme negligence, from any claim for 
        damages or injury to any person or property arising out of the 
        article or service;
            ``(7) the article to be sold can be manufactured, or the 
        service to be sold can be substantially performed, by the 
        industrial facility with only incidental subcontracting and it 
        is in the public interest to manufacture such article or 
        perform such service; and
            ``(8) the sale will not interfere with performance of the 
        military mission of the industrial facility.''.

         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, $5,152,308,000.
            (2) For the Navy, $8,796,129,000.
            (3) For the Air Force, $12,329,796,000.
            (4) For Defense-wide activities, $9,565,299,000, of which--
                    (A) $230,495,000 is authorized for the activities 
                of the Director, Test and Evaluation; and
                    (B) $12,501,000 is authorized for the Director of 
                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, $4,210,356,000 shall be available for basic research 
and exploratory development projects.
    (b) Basic Research and Exploratory Development Defined.--For 
purposes of this section, the term ``basic research and exploratory 
development'' means work funded in program elements for defense 
research and development under Department of Defense category 6.1 or 
6.2.

SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.

    Of the amounts authorized to be appropriated by section 201, 
$170,000,000 shall be available for the Strategic Environmental 
Research and Development Program.

SEC. 204. HIGH RESOLUTION IMAGING.

    Of the funds authorized to be appropriated pursuant to section 
201(3), $10,000,000 shall be available for high resolution imaging of 
space objects using excimer lasers.

    Subtitle B--Programs Requirements, Restrictions, and Limitations

SEC. 211. TACTICAL ANTISATELLITE TECHNOLOGIES PROGRAM.

    (a) Demonstration and Validation Activities.--Subject to subsection 
(e), the Secretary of Defense shall continue the demonstration and 
validation of kinetic energy antisatellite technologies under the 
tactical antisatellite technologies program.
    (b) Level Funding.--Subject to subsection (e), of the amounts 
authorized to be appropriated in this title, $10,000,000 shall be 
available for fiscal year 1995 for engineering development under the 
tactical antisatellite technologies program.
    (c) Requirement of Obligation of Prior Year Funds.--To the extent 
provided in appropriations Acts, the Secretary shall obligate for 
engineering development under the tactical antisatellite technologies 
program all funds available for fiscal year 1993 and fiscal year 1994 
for the Kinetic Energy Antisatellite (KE-ASAT) program that remain 
available for obligation on the date of the enactment of this Act.
    (d) Report.--The Secretary shall submit to Congress the report 
required by section 1363 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2560).
    (e) Limitation.--No funds appropriated to the Department of Defense 
for fiscal year 1995 may be obligated for the tactical antisatellite 
technologies program until the Secretary of Defense certifies to 
Congress that there is a requirement for an antisatellite program.

SEC. 212. TRANSFER OF MILSTAR COMMUNICATIONS SATELLITE PROGRAM.

    (a) Transfer to Navy.--The Secretary of Defense shall transfer 
responsibility for program management and funding for the MILSTAR 
communications satellite program from the Secretary of the Air Force to 
the Secretary of the Navy before October 1, 1995.
    (b) Funding in Future Years Defense Program.--It is the sense of 
Congress that the Secretary should transfer from the Air Force to the 
Navy sufficient proposed funding in the Future Years Defense Program to 
cover all costs for the MILSTAR communications satellite program and 
related programs, projects, and activities.
    (c) Relationship to Other Transfer Authority.--The transfer 
authority in subsection (b) is in addition to the transfer authority 
provided in section 1001.

SEC. 213. TRANSFER OF FUNDS FOR SINGLE-STAGE TO ORBIT ROCKET.

    The Secretary of Defense shall, to the extent provided in 
appropriations Acts, transfer to the National Aeronautics and Space 
Administration the unobligated balance of funds appropriated to the 
Department of Defense for the Advanced Research Projects Agency for 
single-stage to orbit rocket research and development.

SEC. 214. LIMITATION ON DISMANTLEMENT OF INTERCONTINENTAL BALLISTIC 
              MISSILES.

    Funds authorized to be appropriated in this Act may not be 
obligated or expended for deactivating or dismantling United States 
intercontinental ballistic missiles (ICBMs) of the United States below 
that number of such missiles that is necessary to support 500 deployed 
intercontinental ballistic missiles until 180 days after the date on 
which the Secretary of Defense has delivered to the congressional 
defense committees a report on the results of a nuclear posture review 
being conducted by the Secretary.

SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR SEISMIC MONITORING 
              RESEARCH.

    Funds authorized to be appropriated by this Act that are made 
available for seismic monitoring of nuclear explosions may not be 
obligated for a project unless the project is authorized in a plan 
approved in advance by the Secretary of Defense and the Secretary of 
Energy.

SEC. 216. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    (a) Centers Covered.--Funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1995 pursuant 
to an authorization of appropriations in section 201 may be obligated 
to procure work from a federally funded research and development center 
only in the case of a center named in the report required by subsection 
(b) and, in the case of such a center, only in an amount not in excess 
of the amount of the proposed funding level set forth for that center 
in such report.
    (b) Report on Allocations for Centers.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
containing--
            (1) the name of each federally funded research and 
        development center from which work is proposed to be procured 
        for the Department of Defense for fiscal year 1995; and
            (2) for each such center, the proposed funding level and 
        the estimated personnel level for fiscal year 1995.
The total of the proposed funding levels set forth in the report for 
all federally funded research and development centers may not exceed 
the amount set forth in subsection (d).
    (c) Limitation Pending Submission of Report.--No funds appropriated 
or otherwise made available for the Department of Defense for fiscal 
year 1995 may be obligated to obtain work from a federally funded 
research and development center until the Secretary of Defense submits 
the report required by subsection (b).
    (d) Funding.--Of the amounts authorized to be appropriated to the 
Department of Defense for research, development, test, and evaluation 
for fiscal year 1995 pursuant to section 201, not more than a total of 
$1,300,000,000 may be obligated to procure services from the federally 
funded research and development centers named in the report required by 
subsection (b).
    (e) Authority To Waive Funding Limitation.--The Secretary of 
Defense may waive the limitation regarding the maximum funding amount 
that applies under subsection (a) to a federally funded research and 
development center. Whenever the Secretary proposes to make such a 
waiver, the Secretary shall submit to the congressional defense 
committees notice of the proposed waiver and the reasons for the 
waiver. The waiver may then be made only after the end of the 60-day 
period that begins on the date on which the notice is submitted to 
those committees, unless the Secretary determines that it is essential 
to the national security that funds be obligated for work at that 
center in excess of that limitation before the end of such period and 
notifies the congressional defense committees of that determination and 
the reasons for the determination.
    (f) Undistributed Reduction.--The total amount authorized to be 
appropriated for research, development, test, and evaluation in section 
201 is hereby reduced by $52,650,000.
    (g) Limitation on Compensation.--No employee or executive officer 
of a federally funded research and development center named in the 
report required by subsection (b) may be compensated at a rate 
exceeding Executive Schedule Level I by that federally funded research 
and development center.

                  Subtitle C--Missile Defense Programs

SEC. 221. COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND 
              COMPONENTS WITH ABM TREATY.

    (a) Required Compliance Review for Brilliant Eyes.--The Secretary 
of Defense shall review the space-based, midcourse missile tracking 
system known as Brilliant Eyes to determine whether, and under what 
conditions, the development, testing, and deployment of that system in 
conjunction with a theater ballistic missile defense system, with a 
limited national missile defense system, and with both such systems, 
would be in compliance with the ABM Treaty, including the 
interpretation of that treaty set forth in the enclosure to the July 
13, 1993, ACDA letter.
    (b) Limitation.--Of the funds appropriated pursuant to the 
authorizations of appropriations in section 201 that are made available 
for the Brilliant Eyes program, not more than $50,000,000 may be 
obligated until the Secretary of Defense submits to the appropriate 
congressional committees a report on the compliance of the Brilliant 
Eyes program with the ABM Treaty.
    (c) Compliance Review for Navy Upper Tier System.--(1) If the funds 
made available for fiscal year 1995 for the theater ballistic missile 
program known as the ``Navy Upper Tier'' program pursuant to the 
authorizations of appropriations in section 201 or otherwise exceed 
$17,725,000, the Secretary of Defense shall review the Navy Upper Tier 
program to determine whether the development, testing, and deployment 
of that system would be in compliance with the ABM Treaty, including 
the interpretation of the Treaty set forth in the enclosure to the July 
13, 1993, ACDA letter.
    (2) In the event a compliance review is necessary under paragraph 
(1), not more than $17,725,000 may be obligated for the Navy Upper Tier 
program before the date on which the Secretary submits to the 
appropriate congressional committees a report on the compliance of the 
Navy Upper Tier program with the ABM Treaty.
    (d) Definitions.--In this section:
            (1) The term ``July 13, 1993, ACDA letter'' means the 
        letter dated July 13, 1993, from the Acting Director of the 
        Arms Control and Disarmament Agency to the chairman of the 
        Committee on Foreign Relations of the Senate relating to the 
        correct interpretation of the ABM Treaty and accompanied by an 
        enclosure setting forth such interpretation.
            (2) The term ``ABM Treaty'' means the Treaty between the 
        United States of America and the Union of Soviet Socialist 
        Republics on the Limitation of Anti-Ballistic Missiles, signed 
        in Moscow on May 26, 1972.
            (3) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Appropriations 
                of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on 
                Appropriations of the Senate.

SEC. 222. REVISIONS TO THE MISSILE DEFENSE ACT OF 1991.

    The Missile Defense Act of 1991 (part C of title II of Public Law 
102-190; 10 U.S.C. 2431 note) is amended--
            (1) by striking out sections 235, 236, and 237;
            (2) in section 238, by inserting before the period at the 
        end of the second sentence the following: ``, and shall submit 
        to the Congress additional interim reports on the progress of 
        such negotiations at six-month intervals thereafter until such 
        time as the President notifies the congressional defense 
        committees that such negotiations have been concluded or 
        terminated''; and
            (3) by redesignating section 238, 239, and 240 as sections 
        234, 235, and 236, respectively.

SEC. 223. LIMITATION.

    No funds appropriated pursuant to an authorization of 
appropriations in this title or otherwise made available for fiscal 
year 1995 for programs managed by the Ballistic Missile Defense 
Organization may be obligated for such programs until the Secretary of 
Defense submits to Congress the report required by section 235(b) of 
the National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1598).

SEC. 224. MANAGEMENT AND BUDGET RESPONSIBILITY FOR SPACE-BASED CHEMICAL 
              LASER PROGRAM.

    (a) Findings.--Congress makes the following findings:
            (1) In section 243 of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1615) 
        Congress directed the Secretary of Defense to transfer 
        management and budget responsibility for research and 
        development regarding far-term follow-on technologies from the 
        Ballistic Missile Defense Organization unless the Secretary 
        certifies that it is in the national security interest of the 
        United States for the Ballistic Missile Defense Organization to 
        retain that responsibility.
            (2) For purposes of section 243 of such Act, a far-term 
        follow-on technology was defined as any technology that is not 
        incorporated into a ballistic missile defense architecture and 
        is not likely to be incorporated within 15 years into a weapon 
        system for ballistic missile defense.
            (3) The Secretary of Defense has recommended pursuant to 
        section 243 of such Act that management and budget 
        responsibility for chemical laser technology be retained in the 
        Ballistic Missile Defense Organization.
    (b) Assignment of Responsibility.--Subject to subsection (c), the 
Ballistic Missile Defense Organization is authorized to retain 
management and budget responsibility for chemical laser technology 
programs.
    (c) Requirements.--(1) The Director of the Ballistic Missile 
Defense Organization shall ensure that, to the extent practicable, the 
conduct of research and development related to space-based chemical 
lasers reflects appropriate consideration of a broad range of military 
missions and possible nonmilitary applications for such lasers.
    (2) If, as a result of budgetary limitations, the Director of the 
Ballistic Missile Defense Organization is unable to program sufficient 
funds to ensure that the space-based chemical laser program remains an 
option for the acquisition process within the next fifteen years, the 
Secretary of Defense shall--
            (A) establish a new high energy laser research and 
        development program outside of the Ballistic Missile Defense 
        Organization;
            (B) transfer $50,000,000 out of funds available for fiscal 
        year 1995 for programs administered by the Ballistic Missile 
        Defense Organization to the new high energy laser research and 
        development program; and
            (C) assign the duty to perform the management and budget 
        responsibilities for the new program to the Secretary of the 
        military department determined by the Secretary of Defense most 
        appropriate to perform such responsibilities or, if the 
        Secretary determines more appropriate, to the head of the 
        Defense Agency of the Department of Defense that the Secretary 
        determines most appropriate to perform such responsibilities.

SEC. 225. SENATE ADVICE AND CONSENT ON AGREEMENTS THAT MODIFY THE ANTI-
              BALLISTIC MISSILE TREATY.

    (a) Requirement for Advice and Consent of Senate.--Whenever the 
President negotiates an international agreement that would 
substantively modify the ABM Treaty, the United States shall not be 
bound by such agreement unless the agreement is entered into pursuant 
to the treaty making power of the President under the Constitution 
(which includes a requirement for advice and consent of the Senate).
    (b) ABM Treaty Defined.--In this section, the term ``ABM Treaty'' 
means the Treaty Between the United States of America and the Union of 
Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile 
Systems, signed in Moscow on May 26, 1972, with related protocol, 
signed in Moscow on July 3, 1974.

Subtitle D--Defense Conversion, Reinvestment, and Transition Assistance 
                                Matters

SEC. 231. 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, $625,000,000 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) $245,000,000 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) $50,000,000 shall be available for support of 
        manufacturing extension programs under section 2523 of such 
        title.
            (6) $25,000,000 shall be available for defense 
        manufacturing engineering education grants under section 2196 
        of such title.
            (7) $30,000,000 shall be available for the advanced 
        materials synthesis and processing partnership program.
            (8) $35,000,000 shall be available for the agile 
        manufacturing/enterprise integration program.
            (9) $40,000,000 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; 107 Stat. 
        1809; 10 U.S.C. 2501 note).
            (10) $10,000,000 shall be available for grants under 
        section 2198 of title 10, United States Code, to United States 
        institutions of higher education and other United States not-
        for-profit organizations to support the management training 
        program in Japanese language and culture.
    (c) Availability of Funds for Fiscal Year 1994 Projects.--Funds 
made available under subsection (a) may also be used to make awards to 
projects of the types that were solicited under programs referred to in 
subsection (b) in fiscal year 1994.

SEC. 232. 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 120 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 120 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 120 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) Definition of Person of a Foreign Country.--Section 2491 of 
such title is amended by adding at the end the following new paragraph:
            ``(16) The term `person of a foreign country' has the 
        meaning given such term in section 3502(d) of the Primary 
        Dealers Act of 1988 (22 U.S.C. 5342(d)).''.

SEC. 233. 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 231, the Secretary of 
Defense shall ensure that the principal economic benefits of such 
partnerships and other arrangements accrue to the economy of the United 
States.
    (b) Use of Competitive Selection Procedures.--Funds made available 
under subsection (a) of section 231 for defense reinvestment programs 
described in subsection (b) of such section shall be provided only to 
projects selected using competitive procedures pursuant to a 
solicitation incorporating cost-sharing requirements for the non-
Federal Government participants in the projects.

SEC. 234. FEDERAL DEFENSE LABORATORY DIVERSIFICATION AND NAVY 
              REINVESTMENT IN THE TECHNOLOGY AND INDUSTRIAL BASE.

    (a) Requirement for Programs.--(1) Subchapter III of chapter 148 of 
title 10 is amended by inserting at the end thereof the following:

``SEC. 2519. FEDERAL DEFENSE LABORATORY DIVERSI- FICATION PROGRAM.

    ``(a) Establishment of Program.--The Secretary of Defense shall 
conduct a program in accordance with this section for the purpose of 
promoting cooperation between Department of Defense laboratories and 
industry on research and development of dual-use technologies in order 
to further the national security objectives set forth in section 
2501(a) of this title.
    ``(b) Partnerships.--(1) The Secretary shall provide for the 
establishment under the program of cooperative arrangements 
(hereinafter in this section referred to as `partnerships') between a 
Department of Defense laboratory and eligible firms and nonprofit 
research corporations referred to in section 2511(b) of this title. A 
partnership may also include one or more additional Federal 
laboratories, institutions of higher education, agencies of State and 
local governments, and other entities, as determined appropriate by the 
Secretary.
    ``(2) For purposes of this section, a federally funded research and 
development center shall be considered a Department of Defense 
laboratory if the center is sponsored by the Department of Defense.
    ``(c) Assistance Authorized.--(1) The Secretary may make grants, 
enter into contracts, enter into cooperative agreements and other 
transactions pursuant to section 2371 of this title, and enter into 
cooperative research and development agreements under section 12 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) in 
order to establish partnerships.
    ``(2) Subject subsection (d), the Secretary may provide a 
partnership with technical and other assistance in order to facilitate 
the achievement of the purpose of this section.
    ``(d) Financial Commitment of Non-Federal Government 
Participants.--(1) The Secretary shall ensure that the non-Federal 
Government participants in a partnership make a substantial 
contribution to the total cost of partnership activities. The amount of 
the contribution shall be commensurate with the risk undertaken by such 
participants and the potential benefits of the activities for such 
participants.
    ``(2) The regulations prescribed pursuant to section 2511(c)(2) of 
this title shall apply to in-kind contributions made by non-Federal 
Government participants in a partnership.
    ``(e) Selection Process.--Competitive procedures shall be used in 
the establishment of partnerships.
    ``(f) Selection Criteria.--The criteria for the selection of a 
proposed partnership for establishment under this section shall include 
the criteria set forth in section 2511(f) of this title.
    ``(g) Regulations.--The Secretary shall prescribe regulations for 
the purposes of this section.

``SEC. 2520. NAVY REINVESTMENT PROGRAM.

    ``(a) Establishment of Program.--The Secretary of the Navy shall 
conduct a program in accordance with this section for the purpose of 
promoting cooperation between the Department of the Navy and industry 
on research and development of dual-use technologies in order to 
further the national security objectives set forth in section 2501(a) 
of this title.
    ``(b) Partnerships.--The Secretary shall provide for the 
establishment under the program of cooperative arrangements 
(hereinafter in this section referred to as `partnerships') between 
Department of the Navy entities and eligible firms and nonprofit 
research corporations referred to in section 2511(b) of this title. A 
partnership may also include one or more Federal laboratories, 
institutions of higher education, agencies of State and local 
governments, and other entities, as determined appropriate by the 
Secretary.
    ``(c) Program Requirements and Administration.--Subsections (c) 
through (f) of section 2519 of this title shall apply in the 
administration of the program.
    ``(d) Selection Criteria.--In addition to the selection criteria 
referred to in section 2519(f) of this title, the criteria for the 
selection of a proposed partnership for establishment under this 
section shall include the potential effectiveness of the partnership in 
the further development and application of each technology proposed to 
be developed by the partnership for Navy acquisition programs.
    ``(e) Regulations.--The Secretary shall prescribe regulations for 
the purposes of this section.''.
    (2) The table of sections at the beginning of such subchapter is 
amended by adding at the end the following:

2519. Federal Defense Laboratory Diversification Program.
2520. Navy Reinvestment Program.
    (b) Clarifying Amendment.--Section 2491(5) of title 10, United 
States Code, is amended by inserting before the period at the end the 
following: ``, and includes a federally funded research and development 
center sponsored by a Federal agency''.
    (c) Funding.--(1) Of the amount authorized to be appropriated in 
section 201(4), $56,600,000 shall be available for the Federal Defense 
Laboratory Diversification Program under section 2519 of title 10, as 
added by subsection (a)(1).
    (2) Of the amount authorized to be appropriated in section 201(2), 
$50,000,000 shall be available for the Navy Reinvestment Program under 
section 2520 of title 10, as added by subsection (a)(1).

SEC. 235. SMALL BUSINESS DEFENSE CONVERSION GUARANTEED LOANS.

    (a) Authorizations.--Section 20 of the Small Business Act (15 
U.S.C. 631 note) is amended--
            (1) in subsection (l), as added by section 405(3) of the 
        Small Business Credit and Business Opportunity Enhancement Act 
        of 1992--
                    (A) by striking ``(l) There'' and inserting ``(3) 
                There'' and indenting appropriately; and
                    (B) by striking ``subsection (k)'', and inserting 
                ``paragraphs (1) and (2)'';
            (2) by redesignating subsection (k), as added by section 
        405(3) of the Small Business Credit and Business Opportunity 
        Act of 1992, as subsection (l);
            (3) in subsection (l), as so redesignated, by inserting 
        after paragraph (1), the following new paragraph:
            ``(2) The Administration is authorized to make not more 
        than $1,000,000,000 in loans on a guaranteed basis, in 
        accordance with section 7(a)(21), such amount to remain 
        available until expended.'';
            (4) in subsection (n)--
                    (A) by striking ``(n) There'' and inserting ``(3) 
                There'' and indenting appropriately; and
                    (B) by striking ``subsection (m)'' and inserting 
                ``paragraphs (1) and (2)'';
            (5) in subsection (m), by inserting after paragraph (1), 
        the following new paragraph:
            ``(2) The Administration is authorized to make not more 
        than $1,000,000,000 in loans on a guaranteed basis, in 
        accordance with section 7(a)(21), such amount to remain 
        available until expended.'';
            (6) by redesignating subsection (o) as subsection (n); and
            (7) in subsection (p)--
                    (A) by striking ``(p) There'' and inserting ``(2) 
                There'', and indenting appropriately; and
                    (B) by striking ``subsection (o)'' and inserting 
                ``paragraph (1)''.
    (b) Technical Clarification.--Section 7(a)(21)(A) of the Small 
Business Act (15 U.S.C. 636(a)(21)(A)) is amended by striking ``under 
the'' and inserting ``on a guaranteed basis under the''.
    (c) Job Creation and Community Benefit.--Section 7(a)(21) of the 
Small Business Act (15 U.S.C. 636(a)(21)) is amended by adding at the 
end the following new subparagraph:
            ``(E) In providing assistance under this paragraph, the 
        Administration shall develop procedures to ensure, to the 
        maximum extent practicable, that such assistance is used for 
        projects that have substantial potential for stimulating new 
        economic activity in communities most impacted by reductions in 
        Federal defense expenditures.''.
    (d) Authority to Transfer Appropriations.--Of the amount authorized 
to be appropriated pursuant to section 201(4), $27,400,000 may be 
transferred by the Secretary of Defense, to the extent provided in an 
act appropriating funds for the Department of Defense, to the Small 
Business Administration for the purpose of providing loan guarantees 
under section 7(a)(21)(A) of the Small Business Act, such amount to 
remain available until expended.

                       Subtitle E--Other Matters

SEC. 241. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO 
              ORGANIZATIONS.

    (a) Applicability of Existing Authority to NATO Organizations.--
Section 2350a of title 10, United States Code, is amended in 
subsections (a), (e)(2), and (i)(1) by inserting ``or NATO 
organizations'' after ``major allies of the United States'' each place 
it appears.
    (b) NATO Organization Defined.--Subsection (i) of such section is 
amended by adding at the end the following new paragraph:
            ``(4) The term `NATO organization' means any North Atlantic 
        Treaty Organization subsidiary body referred to in section 
        2350(2) of this title and any other organization of the North 
        Atlantic Treaty Organization.''.

SEC. 242. DEFENSE WOMEN'S HEALTH RESEARCH PROGRAM.

    (a) Continuation of Program.--The Secretary of Defense shall 
continue the Defense Women's Health Research Program established in 
response to the enactment of section 251 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1606).
    (b) Participation by All Military Departments.--The Departments of 
the Army, Navy, and Air Force shall each participate in the activities 
under the program.
    (c) Army To Be Executive Agent.--The Secretary of Defense shall 
designate the Secretary of the Army to be the executive agent for 
administering the program.
    (d) Program Activities.--The program shall include the following 
activities regarding health risks and health care for women in the 
Armed Forces:
            (1) The coordination and support activities described in 
        section 251 of Public Law 103-160.
            (2) Epidemiologic research regarding women deployed for 
        military operations, including research on patterns of illness 
        and injury, environmental and occupational hazards (including 
        exposure to toxins), side-effects of pharmaceuticals used by 
        women so deployed, psychological stress associated with 
        military training, deployment, combat and other traumatic 
        incidents, and other conditions of life, and human factor 
        research regarding women so deployed.
            (3) Development of a data base to facilitate long-term 
        research studies on issues related to the health of women in 
        military service, and continued development and support of a 
        women's health information clearinghouse to serve as an 
        information resource for clinical, research, and policy issues 
        affecting women in the Armed Forces.
            (4) Research on policies and standards issues, including 
        research supporting the development of military standards 
        related to training, operations, deployment, and retention and 
        the relationship between such activities and factors affecting 
        women's health.
            (5) Research on interventions having a potential for 
        addressing conditions of military service that adversely affect 
        the health of women in the Armed Forces.
    (e) Implementation Plan.--If, before October 1, 1995, the Secretary 
of Defense changes the implementation plan for the program that the 
Secretary submitted to the Committees on Armed Services of the Senate 
and the House of Representatives on May 2, 1994, the Secretary shall 
submit the modified plan to such committees before executing the 
changes.
    (f) Funding.--Of the amount authorized to be appropriated pursuant 
to section 201, $40,000,000 shall be available for the Defense Women's 
Health Research Program referred to in subsection (a).

SEC. 243. REQUIREMENT FOR SUBMISSION OF ANNUAL REPORT OF THE 
              SEMICONDUCTOR TECHNOLOGY COUNCIL TO CONGRESS.

    Section 273(b)(2)(I) of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (15 U.S.C. 4603) is amended by inserting 
``and submit to Congress by March 31 of each year after ``Publish''.

SEC. 244. REPORT ON OCEANOGRAPHIC SURVEY AND RESEARCH REQUIREMENTS TO 
              SUPPORT LITTORAL WARFARE.

    (a) Report Required.--Not later than March 1, 1995, the Secretary 
of the Navy shall submit to Congress a report on the oceanographic 
survey and research and development requirements needed to support Navy 
operations in littoral regions.
    (b) Content of Report.--The report shall contain the following:
            (1) An identification of unique properties, including 
        acoustics, bathymetry, bottom type, and ocean dynamics that 
        affect shallow water operations in littoral regions.
            (2) A list of the principal littoral regions that--
                    (A) designates each region as high, medium, or low 
                priority based on the probable need for Navy operations 
                in such regions; and
                    (B) for each region, is annotated to identify--
                            (i) the date of the most recent detailed 
                        survey; and
                            (ii) the extent to which that survey 
                        provides insight into the region's properties 
                        identified pursuant to paragraph (1).
            (3) An assessment of the Navy's current and projected 
        access to each region for surveying purposes.
            (4) An assessment of the ability of current oceanographic 
        survey and research assets to develop the information 
        identified in paragraph (1).

SEC. 245. LANSCE/LAMPF UPGRADES.

    Of the amounts authorized to be appropriated by section 201(4), 
$20,000,000 shall be available to complete the Los Alamos Neutron 
Scattering Experiment/Los Alamos Meson Physics Facility upgrades at the 
Los Alamos National Laboratory, Los Alamos, New Mexico.

SEC. 246. STUDY REGARDING LIVE-FIRE SURVIVABILITY TESTING OF F-22 
              AIRCRAFT.

    (a) Requirement.--The Secretary of Defense shall request the 
National Research Council of the National Academy of Sciences to 
conduct a study regarding the desirability of waiving for the F-22 
aircraft program the survivability tests required by section 2366(c) of 
title 10, United States Code, and to submit to the Secretary and 
Congress, within 180 days after the date of the enactment of this Act, 
a report containing the conclusions of the Council regarding the 
desirability of waiving such tests.
    (b) Content of Report.--The report shall contain the following 
matters:
            (1) Conclusions regarding the practicality of full-scale, 
        full-up testing for the F-22 aircraft program.
            (2) A discussion of the implications regarding the 
        affordability of the F-22 aircraft program of conducting and of 
        not conducting the survivability tests, including an assessment 
        of the potential life cycle benefits that could be derived from 
        full-scale, full-up live fire testing in comparison to the 
        costs of such testing.
            (3) A discussion of what, if any, changes of circumstances 
        affecting the F-22 aircraft program have occurred since 
        completion of the milestone II program review to cause the 
        program manager to request a waiver of the survivability tests 
        for the F-22 aircraft program that was not requested at that 
        time.
            (4) The sufficiency of the F-22 aircraft program testing 
        plans to fulfill the same requirements and purposes as are 
        provided in subsection (e)(3) of section 2366 of title 10, 
        United States Code, for realistic survivability testing for 
        purposes of subsection (a)(1)(A) of such section.
            (5) Any recommendations regarding survivability testing for 
        the F-22 aircraft program that the Council considers 
        appropriate on the basis of the study.

SEC. 247. UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM.

    Of the amounts authorized to be appropriated under section 201, 
$10,000,000 shall be available for the University Research Initiative 
Support Program established pursuant to section 802 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1701; 10 U.S.C. 2358 note).

SEC. 248. MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.

    (a) Program Authorized.--(1) Section 2525 of title 10, United 
States Code, is amended to read as follows:

``SEC. 2525. MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.

    ``(a) Establishment.--The Secretary of Defense shall establish a 
Manufacturing Science and Technology Program to further the national 
security objectives of section 2501(a) of this title. The Under 
Secretary of Defense for Acquisition and Technology shall administer 
the program.
    ``(b) Purpose.--The purpose of the program is to enhance the 
capability of industry to meet the manufacturing needs of the 
Department of Defense.
    ``(c) Execution.--The Secretary may carry out projects under the 
program through the Secretaries of the military departments and the 
heads of Defense Agencies.
    ``(d) Competition and Cost Sharing.--(1) Competitive procedures 
shall be used for awarding all grants and entering into all contracts, 
cooperative agreements, and other transactions under the program.
    ``(2) A grant may not be awarded under the program, and a contract, 
cooperative agreement, or other transaction may not be entered into 
under the program, on any basis other than a cost-sharing basis unless 
the Secretary of Defense determines that the grant, contract, 
cooperative agreement, or other transaction, as the case may be, is for 
a program that--
            ``(A) is not likely to have any immediate and direct 
        commercial application; or
            ``(B) is of sufficiently high risk to discourage cost 
        sharing by non-Federal Government sources.''.
    (2) The item relating to section 2525 in the table of sections at 
the beginning of subchapter IV of chapter 148 of such title is amended 
to read as follows:

``2525. Manufacturing Science and Technology Program.''.
    (b) Funding.--Of the amounts appropriated pursuant to section 201, 
not more than $125,000,000 shall be available for the Manufacturing 
Science and Technology Program under section 2525 of title 10, United 
States Code (as amended by subsection (a)), of which--
            (1) not more than $30,000,000 shall be available for the 
        Army;
            (2) not more than $35,000,000 shall be available for the 
        Navy;
            (3) not more than $50,000,000 shall be available for the 
        Air Force; and
            (4) not more than $10,000,000 shall be available for the 
        Defense Logistics Agency.

SEC. 249. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
              RESEARCH.

    (a) Program Required.--The Secretary of Defense, acting through the 
Director of Defense Research and Engineering, shall carry out a Defense 
Experimental Program to Stimulate Competitive Research (DEPSCoR) as 
part of the university research programs of the Department of Defense.
    (b) Program Objectives.--The objectives of the program are as 
follows:
            (1) To enhance the capabilities of institutions of higher 
        education in eligible States to develop, plan, and execute 
        science and engineering research that is competitive under the 
        peer-review systems used for awarding Federal research 
        assistance.
            (2) To increase the probability of long-term growth in the 
        competitively awarded financial assistance that institutions of 
        higher education in eligible States receive from the Federal 
        Government for science and engineering research.
    (c) Program Activities.--In order to achieve the program 
objectives, the following activities are authorized under the program:
            (1) Competitive award of research grants.
            (2) Competitive award of financial assistance for graduate 
        students.
    (d) Eligible States.--(1) The Director of the National Science 
Foundation shall designate which States are eligible States for the 
purposes of this section and shall notify the Director of Defense 
Research and Engineering of the States so designated.
    (2) The Director of the National Science Foundation shall designate 
a State as an eligible State if, as determined by the Director--
            (A) the institutional average amount of Federal financial 
        assistance for research and development received by the 
        institutions of higher education in the State for the fiscal 
        year preceding the fiscal year for which the designation is 
        effective, or for the last fiscal year for which statistics are 
        available, is less than the amount equal to 50 percent of the 
        national institutional average amount of Federal financial 
        assistance for research and development received by the 
        institutions of higher education in the United States for such 
        preceding or last fiscal year, as the case may be;
            (B) the State has demonstrated a commitment to developing 
        research bases in the State and to improving science and 
        engineering research and education programs at institutions of 
        higher education in the State; and
            (C) the State is an eligible State for purposes of the 
        Experimental Program to Stimulate Competitive Research 
        conducted by the National Science Foundation.
    (e) Coordination With Similar Federal Programs.--(1) The Secretary 
shall consult with the Director of the National Science Foundation and 
the Director of the Office of Science and Technology Policy in the 
planning, development, and execution of the program and shall 
coordinate the program with the Experimental Program to Stimulate 
Competitive Research conducted by the National Science Foundation and 
with similar programs sponsored by other departments and agencies of 
the Federal Government.
    (2) All solicitations under the Defense Experimental Program to 
Stimulate Competitive Research shall be made to, and all awards shall 
be made through, the State committees established for purposes of the 
Experimental Program to Stimulate Competitive Research conducted by the 
National Science Foundation.
    (3) A State committee referred to in paragraph (2) shall ensure 
that activities carried out in the State of that committee under the 
Defense Experimental Program to Stimulate Competitive Research are 
coordinated with the activities carried out in the State under other 
similar initiatives of the Federal Government to stimulate competitive 
research.

SEC. 250. STUDY ON BEAMING HIGH POWER LASER ENERGY TO SATELLITES.

    (a) Study.--(1) The Secretary of Defense and the Administrator of 
the National Aeronautics and Space Administration shall jointly carry 
out a study to determine the cost, feasibility, and advisability of the 
development and utilization of a system to deliver energy to satellites 
by beaming high power laser energy from ground sources.
    (2) In determining the cost, feasibility, and advisability of the 
system referred to in paragraph (1), the Secretary and the 
Administrator shall take into account the impact on the environment of 
the development and utilization of the system and the effect, if any, 
of the development and utilization of the system on the arms control 
efforts or obligations of the United States.
    (3) In carrying out the study, the Secretary and the Administrator 
shall consider the development of a space energy laser (SELENE) system 
using a free electron laser at the Naval Air Weapons Station, China 
Lake, California.
    (b) Report.--The Secretary and the Administrator shall jointly 
submit to the congressional defense committees a report on the study 
required under subsection (a). The Secretary and the Administrator 
shall submit the report not later than July 1, 1995.

SEC. 251. ADVANCED THREAT RADAR JAMMER.

    (a) Limitation Regarding Joint Development Program With Certain 
Foreign Entities.--The Secretary of Defense may not negotiate or enter 
into any agreement with, nor accept funds from, a foreign government or 
an entity controlled by a foreign government for a joint program for 
the development of an advanced threat radar jammer for combat 
helicopters until 30 days after the Secretary, in consultation with the 
Secretary of State, the Secretary of the Army, and the Director of the 
Defense Security Assistance Agency, conducts a comprehensive review of 
the program and submits a report on the results of that review to the 
congressional defense committees.
    (b) Matters Covered by Review and Report.--The matters relating to 
the program referred to in subsection (a) that are required to be 
covered by the review and report are as follows:
            (1) The legal basis for seeking for the program funds that 
        are neither authorized to be appropriated nor appropriated.
            (2) The consistency of the program with the Department of 
        Defense policy that no foreign military sale of a defense 
        system, and no commitment to foreign military sale of a defense 
        system, be made before operational test and evaluation of the 
        system is successfully completed and the Under Secretary of 
        Defense for Acquisition and Technology has specifically 
        approved the system for sale to a foreign government.
            (3) The mission requirement for an advanced threat radar 
        jammer for combat helicopters.
            (4) An assessment of each threat for which an advanced 
        threat radar jammer would be developed, particularly with 
        regard to each threat to a foreign country with which the 
        United States would jointly develop an advanced threat radar 
        jammer.
            (5) The potential for sensitive electronic warfare 
        technology to be made available to potential adversaries of the 
        United States as a result of United States participation in the 
        program.
            (6) The availability of other nondevelopmental items and 
        less sophisticated technologies for countering the emerging 
        radar detection threats to United States combat helicopters and 
        combat helicopters of United States allies.
            (7) A capability assessment of similar technologies 
        available from other foreign countries and the consequences of 
        proliferation of such technologies in regions of potential 
        conflict.
    (c) Inapplicability to Major Allies of the United States.--This 
section does not apply with respect to a major ally of the United 
States.
    (d) Definitions.--In this section:
            (1) The term ``entity controlled by a foreign government'' 
        includes--
                    (A) any domestic or foreign organization or 
                corporation that is effectively owned or controlled by 
                a foreign government; and
                    (B) any individual acting on behalf of a foreign 
                government,
        as determined by the Secretary of Defense. Such term does not 
        include an organization or corporation that is owned, but is 
        not controlled, either directly or indirectly, by a foreign 
        government if the ownership of that organization or corporation 
        by that foreign government was effective before October 23, 
        1992.
            (2) The term ``major ally of the United States'' has the 
        meaning given such term in section 2350a(i)(2) of title 10, 
        United States Code.

                  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, $17,542,914,000.
            (2) For the Navy, $21,326,470,000.
            (3) For the Marine Corps, $2,096,695,000.
            (4) For the Air Force, $18,789,023,000.
            (5) For Defense-wide activities, $9,994,325,000.
            (6) For Medical Programs, Defense, $9,854,459,000.
            (7) For the Army Reserve, $1,253,709,000.
            (8) For the Naval Reserve, $828,319,000.
            (9) For the Marine Corps Reserve, $81,462,000.
            (10) For the Air Force Reserve, $1,478,990,000.
            (11) For the Army National Guard, $2,452,148,000.
            (12) For the Air National Guard, $2,780,178,000.
            (13) For the National Board for the Promotion of Rifle 
        Practice, $2,544,000.
            (14) For the Defense Inspector General, $140,798,000.
            (15) For Drug Interdiction and Counter-drug Activities, 
        Defense-wide, $714,200,000.
            (16) For the United States Court of Appeals for the Armed 
        Services, $6,126,000.
            (17) For Environmental Restoration, Defense, 
        $2,180,200,000.
            (18) For Humanitarian Assistance, $71,900,000.
            (19) For Former Soviet Union Threat Reduction, 
        $400,000,000.
            (20) For the Contributions for International Peacekeeping 
        and Peace Enforcement Activities Fund, $300,000,000.
            (21) For support for the 1996 Summer Olympics, $10,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Business Operations Fund, $798,400,000.
            (2) For the National Defense Sealift Fund, $227,800,000.

SEC. 303. ARMED FORCES RETIREMENT HOME FUNDING.

    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. NATIONAL SECURITY EDUCATION TRUST FUND OBLIGATIONS.

    During fiscal year 1995, $14,300,000 is authorized to be obligated 
from the National Security Education Trust Fund established by section 
804(a) of the David L. Boren National Security Education Act of 1991 
(50 U.S.C. 1904(a)).

SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.

    (a) Transfer Authority.--To the extent provided in appropriations 
Acts, not more than $250,000,000 is authorized to be transferred from 
the National Defense Stockpile Transaction Fund to operation and 
maintenance accounts for fiscal year 1995 in amounts as follows:
            (1) For the Army, $50,000,000.
            (2) For the Navy, $50,000,000.
            (3) For the Air Force, $50,000,000.
            (4) For Defense-wide activities, $100,000,000.
    (b) Treatment of Transfers.--Amounts transferred under this 
section--
            (1) shall be merged with, and be available for the same 
        purposes and the same period as, the amounts in the accounts to 
        which transferred; and
            (2) may not be expended for an item that has been denied 
        authorization of appropriations by Congress.
    (c) Relationship to Other Transfer Authority.--The transfer 
authority provided in this section is in addition to the transfer 
authority provided in section 1001.

SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS WORLD GAMES.

    (a) Authority To Provide Support.--The Secretary of Defense may 
provide logistical support and personnel services in connection with 
the 1995 Special Olympics World Games to be held in New Haven, 
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 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 1995 Special Olympics 
World Games.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 for the Department of Defense for fiscal year 
1995 to carry out subsection (a).

SEC. 307. AIR NATIONAL GUARD FIGHTER AIRCRAFT.

    (a) Findings.--Congress makes the following findings:
            (1) The Bottom-Up Review force structure proposal would 
        accomplish most of the remaining reductions in the total number 
        of Air Force general purpose fighter wings by reducing the Air 
        National Guard and Air Force Reserve fighter force from 10 
        wings to 7 wings.
            (2) The current plan for implementing the reduction 
        referred to in paragraph (1) is to reduce the number of fighter 
        aircraft in each Air National Guard fighter unit from 24 or 18 
        primary aircraft authorized to 15 primary aircraft authorized 
        and to convert some Air National Guard fighter units to other 
        purposes.
            (3) The number of Air National Guard Combat Readiness 
        Training Centers in operation during fiscal year 1995 should 
        not be less than the number of such centers in operation at the 
        end of fiscal year 1994.
            (4) The Commission on Roles and Missions of the Armed 
        Forces established by section 952 of the National Defense 
        Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 
        U.S.C. 111 note; 107 Stat. 1738) is required to submit to 
        Congress a report under section 954(b) of such Act on possible 
        changes to existing allocations among the Armed Forces of 
        military roles, missions, and functions.
            (5) The Commission is not expected to submit the report 
        until the middle of fiscal year 1995.
            (6) The report of the Commission should contain a review of 
        and recommendations on the assignment of roles and missions to 
        units of the Air National Guard and the Air Force Reserve in 
        relation to active component units that are the counterparts to 
        such units and on requirements for resources for training of 
        such units.
    (b) Requirement.--After submission of the report referred to in 
paragraph (3), the Secretary of Defense shall review its findings on 
the role and requirements for general purpose fighter units of the Air 
National Guard, and shall complete within 30 days a study which 
recommends the appropriate level of primary aircraft authorized (PAA) 
for such units, following which, if the Secretary determines changes in 
that level are appropriate, he may notify the Congress of his 
determination and he may seek any reprogramming of funds that he 
considers appropriate to ensure that such changes are implemented.

              Subtitle B--Defense Business Operations Fund

SEC. 311. PERMANENT AUTHORITY FOR USE OF FUND FOR MANAGING WORKING 
              CAPITAL FUNDS AND CERTAIN ACTIVITIES.

    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'' and all that follows through ``December 31, 1994, the'' and 
inserting in lieu thereof ``The''.

SEC. 312. IMPLEMENTATION OF IMPROVEMENT PLAN.

    (a) Progress Report on Implementation.--Not later than February 1, 
1995, the Secretary of Defense shall submit to the congressional 
defense committees a report on the progress made in implementing the 
Defense Business Operations Fund Improvement Plan, dated September, 
1993. The report shall describe the progress made in reaching the 
milestones established in the plan and provide an explanation for the 
failure to meet any of the milestones. The Secretary shall submit a 
copy of the report to the Comptroller General of the United States at 
the same time the Secretary submits the report to the congressional 
defense committees.
    (b) Responsibilities of the Comptroller General.--(1) The 
Comptroller General shall monitor and evaluate the progress of the 
Department of Defense in developing and implementing the improvement 
plan referred to in subsection (a).
    (2) Not later than March 1, 1995, the Comptroller General shall 
submit to the congressional defense committees a report containing the 
following:
            (A) The findings and conclusions of the Comptroller General 
        resulting from the monitoring and evaluation conducted under 
        paragraph (1).
            (B) An evaluation of the progress report submitted to the 
        congressional defense committees by the Secretary of Defense 
        pursuant to subsection (a).
            (C) Any recommendations for legislation or administrative 
        action concerning the Fund that the Comptroller General 
        considers appropriate.

SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAPITAL ASSET FUND.

    The Secretary of Defense may not incur obligations against funds in 
the capital asset subaccount of the Defense Business Operations Fund 
during fiscal year 1995 in a total amount in excess of $1,500,000.

SEC. 314. LIMITATION ON OBLIGATIONS AGAINST THE SUPPLY MANAGEMENT 
              DIVISIONS.

    (a) Limitation.--(1) The Secretary of Defense may not incur 
obligations against the supply management divisions of the Defense 
Business Operations Fund during fiscal year 1995 in a total amount in 
excess of 65 percent of the total amount derived from sales from such 
divisions during that fiscal year.
    (2) For purposes of determining the amount of obligations incurred 
against, and sales from, such divisions during fiscal year 1995, the 
Secretary shall exclude obligations and sales for fuel, commissary and 
subsistence items, retail operations, repair of equipment and spare 
parts in support of repair, direct vendor deliveries, foreign military 
sales, initial outfitting requiring equipment furnished by the Federal 
Government, and the cost of operations.
    (b) Waiver Authority.--The Secretary of Defense may waive the 
limitation in subsection (a) if the Secretary determines that such 
waiver is necessary in order to maintain the readiness and combat 
effectiveness of the Armed Forces. The Secretary shall immediately 
notify Congress of any such waiver and the reasons for such waiver.
    (c) Determinations of Effects of Limitation on Readiness and Combat 
Effectiveness.--Not later than 60 days after the date of the enactment 
of this Act, the secretaries of the military departments and the 
Director of the Defense Logistics Agency shall each submit to the 
Secretary of Defense a report containing the views of such official on 
the effects of the limitation in subsection (a) on the ability of the 
Department of Defense to maintain the readiness and combat 
effectiveness of the Armed Forces. If the Secretary of Defense 
determines, after considering the reports, that the limitation will 
impair the readiness and combat effectiveness of any of the Armed 
Forces, the Secretary shall exercise the waiver authority provided in 
subsection (b).

                   Subtitle C--Environmental Matters

SEC. 321. PROHIBITION ON THE PURCHASE OF SURETY BONDS AND OTHER 
              GUARANTEES FOR THE DEPARTMENT OF DEFENSE.

    No funds appropriated or otherwise made available to the Department 
of Defense for fiscal year 1995 may be obligated or expended for the 
purchase of surety bonds or other guarantees of financial 
responsibility in order to guarantee the performance of any direct 
function of the Department of Defense.

SEC. 322. EXTENSION OF PROHIBITION ON USE OF ENVIRONMENTAL RESTORATION 
              FUNDS FOR PAYMENT OF FINES AND PENALTIES.

    None of the funds appropriated for fiscal year 1995 pursuant to the 
authorization of appropriations provided in section 301(17) may be used 
for the payment of a fine or penalty imposed against the Department of 
Defense unless the act or omission for which the fine or penalty is 
imposed arises out of activities funded by the account.

SEC. 323. PARTICIPATION OF INDIAN TRIBES IN AGREEMENTS FOR DEFENSE 
              ENVIRONMENTAL RESTORATION.

    Section 2701(d) of title 10, United States Code, is amended--
            (1) by striking out ``Service of Other Agencies.--The 
        Secretary'' and inserting in lieu thereof the following: 
        ``Service of Other Agencies.--
            ``(1) In general.--The Secretary'';
            (2) in paragraph (1), as so designated, by inserting ``any 
        Federally recognized Indian tribe or'' before ``any State or 
        local government agency,''; and
            (3) by adding at the end the following:
            ``(2) Definition.--For purposes of this subsection, the 
        term `Indian tribe' has the meaning given such term in section 
        101(36) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 
        9701(36)).''.

SEC. 324. EXTENSION OF AUTHORITY TO ISSUE SURETY BONDS FOR CERTAIN 
              ENVIRONMENTAL PROGRAMS.

    Section 2701(j) of title 10, United States Code, is amended by 
striking out ``December 31, 1995'' and inserting in lieu thereof 
``December 31, 1999''.

    Subtitle D--Matters Relating to Department of Defense Civilian 
                               Employees

SEC. 331. EXTENSION OF CERTAIN TRANSITION ASSISTANCE AUTHORITIES.

    (a) Reduction-in-Force Notification Requirements.--Section 
4433(b)(2) of the Defense Conversion, Reinvestment, and Transition 
Assistance Act of 1992 (division D of Public Law 102-484; 106 Stat. 
2721; 5 U.S.C. 3502 note) is amended by striking out ``February 1, 
1998'' and inserting in lieu thereof ``February 1, 2000''.
    (b) Separation Pay.--(1) Section 5597(e) of title 5, United States 
Code, is amended by striking out ``September 30, 1997'' and inserting 
in lieu thereof ``September 30, 1999''.
    (2) Section 4436(d)(2) of the Defense Conversion, Reinvestment, and 
Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is amended by 
striking out ``January 1, 1998'' and inserting in lieu thereof 
``January 1, 2000''.
    (c) Restoration of Certain Leave.--Section 6304(d)(3) of title 5, 
United States Code, is amended by striking out ``the closure of an 
installation'' and inserting in lieu thereof ``the closure of an 
installation of the Department of Defense pursuant to the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) during any period, and the closure of any 
other installation''.
    (d) Continued Health Benefits.--Section 8905a(d)(4)(B) of title 5, 
United States Code, is amended--
            (1) by striking out ``October 1, 1997'' each place it 
        appears and inserting in lieu thereof ``October 1, 1999''; and
            (2) in clause (ii), by striking out ``February 1, 1998,'' 
        and inserting in lieu thereof ``February 1, 2000,''.

SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO CONDUCT PERSONNEL 
              DEMONSTRATION PROJECTS.

    (a) China Lake Demonstration Project.--(1) Section 6 of the Civil 
Service Miscellaneous Amendments Act of 1983 (Public Law 98-224; 98 
Stat. 49) is amended by striking out ``September 30, 1995,''.
    (2) In the event of a reorganization of the organization carrying 
out the personnel demonstration project referred to in section 6 of 
Public Law 98-224, such section shall apply with respect to the 
successor to that organization.
    (b) Defense Laboratories Personnel Demonstration Projects.--(1) The 
Secretary of Defense may carry out personnel demonstration projects at 
Department of Defense laboratories designated by the Secretary as 
Department of Defense science and technology reinvention laboratories.
    (2) Each personnel demonstration project carried out under the 
authority of paragraph (1) shall be similar to the personnel 
demonstration project that is authorized by section 6 of Public Law 98-
224 to be continued at the Naval Weapons Center, China Lake, 
California, and at the Naval Ocean Systems Center, San Diego, 
California.
    (3) If the Secretary carries out a demonstration project at a 
laboratory pursuant to paragraph (1), section 4703 (other than 
subsection (d)) of title 5, United States Code, shall apply to such 
demonstration project, except that the authority of the Secretary to 
carry out the demonstration project is that which is provided in 
paragraph (1) rather than the authority that is provided in such 
section 4703.

SEC. 333. LIMITATION ON PAYMENT OF SEVERANCE PAY TO CERTAIN EMPLOYEES 
              TRANSFERRING TO EMPLOYMENT POSITIONS IN NONAPPROPRIATED 
              FUND INSTRUMENTALITIES.

    (a) In General.--Section 5595 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(h)(1) Severance pay under this section may not be paid to--
            ``(A) a person described in paragraph (4)(A) during any 
        period in which the person is employed in a defense 
        nonappropriated fund instrumentality; or
            ``(B) a person described in paragraph (4)(B) during any 
        period in which the person is employed in a Coast Guard 
        nonappropriated fund instrumentality.
    ``(2)(A) Except as provided in subparagraph (B), payment of 
severance pay to a person referred to in paragraph (1) may be resumed 
upon any involuntary separation of the person from the position of 
employment in a nonappropriated fund instrumentality, not by removal 
for cause on charges of misconduct, delinquency, or inefficiency.
    ``(B) Payment of severance pay may not be resumed under 
subparagraph (A) in the case of a person who, upon separation, is 
entitled to immediate payment of retired or retainer pay as a member or 
former member of the uniformed services or to an immediate annuity 
under--
            ``(i) a retirement system for persons retiring from 
        employment by a nonappropriated fund instrumentality;
            ``(ii) subchapter III of chapter 83 of this title;
            ``(iii) subchapter II of chapter 84 of this title; or
            ``(iv) any other retirement system of the Federal 
        Government for persons retiring from employment by the Federal 
        Government.
    ``(3) Upon resumption of payment of severance pay under paragraph 
(2)(A) in the case of a person separated as described in such 
paragraph, the amount of the severance pay so payable for a period 
shall be reduced (but not below zero) by the portion (if any) of the 
amount of any severance pay payable for such period to the person by 
the nonappropriated fund instrumentality that is attributable to credit 
for service taken into account under subsection (c) in the computation 
of the amount of the severance pay so resumed.
    ``(4) Paragraph (1) applies to a person who, on or after January 1, 
1987, moves without a break in service--
            ``(A) from employment in the Department of Defense that is 
        not employment in a defense nonappropriated fund 
        instrumentality to employment in a defense nonappropriated fund 
        instrumentality; or
            ``(B) from employment in the Coast Guard that is not 
        employment in a Coast Guard nonappropriated fund 
        instrumentality to employment in a Coast Guard nonappropriated 
        fund instrumentality.
    ``(5) The Secretary of Defense, in consultation with the Secretary 
of Transportation, shall prescribe regulations to carry out this 
subsection.
    ``(6) In this subsection:
            ``(A) The term `defense nonappropriated fund 
        instrumentality' means a nonappropriated fund instrumentality 
        of the Department of Defense.
            ``(B) The term `Coast Guard nonappropriated fund 
        instrumentality' means a nonappropriated fund instrumentality 
        of the Coast Guard.
            ``(C) The term `nonappropriated fund instrumentality' means 
        a nonappropriated fund instrumentality described in section 
        2105(c) of this title.''.
    (b) Applicability.--Subsection (h) of section 5595 of title 5, 
United States Code, as added by subsection (a), shall take effect on 
the date of the enactment of this Act and apply with respect to pay 
periods that begin on or after such date.

SEC. 334. RETIREMENT CREDIT FOR CERTAIN SERVICE IN NONAPPROPRIATED FUND 
              INSTRUMENTALITIES BEFORE JANUARY 1, 1987.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
to determine the level of interest among employees of the Department of 
Defense referred to in subsection (b) in obtaining credit under the 
Civil Service Retirement and Disability System or the Federal 
Employees' Retirement System for former service described in such 
subsection as an employee of a nonappropriated fund instrumentality of 
the United States.
    (b) Employees Concerned.--The employees referred to in subsection 
(a) are employees who, for at least 12 months during the period 
beginning on January 1, 1966, and ending on December 31, 1986, 
performed service as an employee described in section 2105(c) of title 
5, United States Code, conducting a program described in section 
8332(b)(16)(A) of such title.
    (c) Conduct of Study.--In carrying out the study under subsection 
(a), the Secretary shall--
            (1) provide an opportunity for all employees referred to in 
        that subsection to express interest in obtaining retirement 
        credit for the former service in a nonappropriated fund 
        instrumentality of the United States; and
            (2) inform such employees that deposits to the Civil 
        Service Retirement and Disability Fund would be required of the 
        interested employees under section 8334(c) of title 5, United 
        States Code, or section 8411(f) of such title.
    (d) Report.--Not later than February 1, 1995, the Secretary shall 
submit to Congress a report on the results of the study required by 
subsection (a). The report shall contain the following matters:
            (1) An analysis of the issues, to include existing legal 
        rights of the employees described in paragraph (b) above under 
        the Civil Service Retirement Disability System or the Federal 
        Employees' Retirement System.
            (2) An Analysis of the inequities, if any, that may have 
        been caused by conversion from employment by nonappropriated 
        fund instrumentalities of the United States to employment by 
        the Department of Defense.
            (3) The number of full time and part time employees 
        described in paragraph (b) above that are affected by any 
        inequities described in paragraph (2).
            (4) The Department of Defense recommendations, if any, to 
        redress any inequities described in paragraph (2), and
            (5) The cost to the Federal Government of any 
        recommendation described in paragraph (4).

SEC. 335. TRAVEL, TRANSPORTATION, AND RELOCATION EXPENSES OF EMPLOYEES 
              TRANSFERRING TO THE UNITED STATES POSTAL SERVICE.

    (a) In General.--(1) Subchapter II of chapter 57 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 5735. Travel, transportation, and relocation expenses of 
              employees transferring to the United States Postal 
              Service
    ``(a) In General.--Notwithstanding any other provision of law, 
employees of the Department of Defense described in subsection (b) may 
be authorized travel, transportation, and relocation expenses and 
allowances in connection with appointments referred to in such 
subsection under the same conditions and to the same extent authorized 
by this subchapter for transferred employees.
    ``(b) Covered Employees.--Subsection (a) applies to any employee of 
the Department of Defense who--
            ``(1) is scheduled for separation from the Department, 
        other than for cause;
            ``(2) is selected for appointment to a continuing position 
        with the United States Postal Service; and
            ``(3) accepts the appointment.''.
    (2) The table of sections at the beginning of such subchapter is 
amended by adding at the end the following:

``5735. Travel, transportation, and relocation expenses of employees 
                            transferring to the United States Postal 
                            Service.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply to 
persons separated from employment by the Department of Defense on or 
after such date.

SEC. 336. FOREIGN EMPLOYEES COVERED BY THE FOREIGN NATIONAL EMPLOYEES 
              SEPARATION PAY ACCOUNT.

    Section 1581 of title 10, United States Code, is amended--
            (1) by striking out ``foreign national employees of the 
        Department of Defense'' each place it appears in subsections 
        (a) and (b) and inserting in lieu thereof ``foreign nationals 
        referred to in subsection (e)''; and
            (2) by striking out subsection (e) and inserting in lieu 
        thereof the following:
    ``(e) Employees Covered.--This section applies only with respect to 
separation pay of foreign nationals employed by the Department of 
Defense, and foreign nationals employed by a foreign government for the 
benefit of the Department of Defense, under any of the following 
agreements that provide for payment of separation pay:
            ``(1) A contract.
            ``(2) A treaty.
            ``(3) A memorandum of understanding with a foreign nation.

SEC. 337. INCREASED AUTHORITY TO ACCEPT VOLUNTARY SERVICES.

    (a) Expansion of Authority.--The text of section 1588 of title 10, 
United States Code, is amended to read as follows:
    ``(a) Authority To Accept Services.--Subject subsection (b) and 
notwithstanding section 1342 of title 31, the Secretary concerned may 
accept from any person the following services:
            ``(1) Voluntary medical services, dental services, nursing 
        services, or other health-care related services.
            ``(2) Voluntary services to be provided for a museum or a 
        natural resources program.
            ``(3) Voluntary services to be provided for programs 
        providing services to members of the armed forces and the 
        families of such members, including the following programs:
                    ``(A) Family support programs.
                    ``(B) Child development and youth services 
                programs.
                    ``(C) Library and education programs.
                    ``(D) Religious programs.
                    ``(E) Housing referral programs.
                    ``(F) Programs providing employment assistance to 
                spouses of such members.
    ``(b) Requirements and Limitations.--(1) The Secretary concerned 
shall notify the person of the scope of the services accepted.
    ``(2) With respect to a person providing voluntary services 
accepted under subsection (a), the Secretary concerned--
            ``(A) shall--
                    ``(i) supervise the person to the same extent as 
                the Secretary would supervise a compensated employee 
                providing similar services; and
                    ``(ii) ensure that the person is licensed, 
                privileged, has appropriate credentials, or is 
                otherwise qualified under applicable law or regulations 
                to provide such services; and
            ``(B) may not--
                    ``(i) place the person in a policy-making position; 
                or
                    ``(ii) except as provided subsection (e), 
                compensate the person for the provision of such 
                services.
    ``(c) Authority To Recruit and Train Persons Providing Services.--
The Secretary concerned may recruit and train persons to provide 
voluntary services accepted under subsection (a).
    ``(d) Status of Persons Providing Services.--(1) Subject to 
paragraph (3), while providing voluntary services accepted under 
subsection (a) or receiving training under subsection (c) a person, 
other than a person referred to in paragraph (2), shall be considered 
to be an employee of the Federal Government only for purposes of the 
following provisions of law:
            ``(A) Subchapter I of chapter 81 of title 5, relating to 
        compensation for work-related injuries.
            ``(B) Section 2733 of this title and section 2733 of title 
        28, relating to claims for damages or loss.
            ``(C) Section 522a of title 5, relating to maintenance of 
        records on individuals.
            ``(D) Chapter 11 of title 18, relating to conflicts of 
        interest.
    ``(2) Subject to paragraph (3), while providing a nonappropriated 
fund instrumentality of the United States with voluntary services 
accepted under subsection (a), or receiving training under subsection 
(c) to provide such an instrumentality with services accepted under 
subsection (a), a person shall be considered an employee of that 
instrumentality only for the following purposes:
            ``(A) Subchapter II of chapter 81 of title 5, relating to 
        compensation of nonappropriated fund employees for work-related 
        injuries.
            ``(B) Section 2733 of this title and section 2733 of title 
        28, relating to tort claims.
    ``(3) A person providing voluntary services accepted under 
subsection (a) shall be considered to be an employee of the Federal 
Government under paragraph (1) or (2) only with respect to services 
that are within the scope of the services so accepted.
    ``(4) For purposes of determining the compensation for work-related 
injuries payable under chapter 81 of title 5 (pursuant to this 
subsection) to a person providing voluntary services accepted under 
subsection (a), the monthly pay of the person for such services shall 
be deemed to be the amount determined by multiplying--
            ``(A) the average monthly number of hours that the person 
        provided the services, by
            ``(B) the minimum wage determined in accordance with 
        section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206(a)(1)).
    ``(e) Reimbursement of Incidental Expenses.--The Secretary 
concerned may provide for reimbursement of a person for incidental 
expenses incurred by the person in providing voluntary services 
accepted under subsection (a). The Secretary shall determine which 
expenses are eligible for reimbursement under this subsection. Any such 
reimbursement may be made from appropriated or nonappropriated 
funds.''.
    (b) Conforming and Technical Amendments.--(1) Section 8171(a) of 
title 5, United States Code, is amended by inserting ``, or to a 
volunteer providing such an instrumentality with services accepted 
under section 1588 of title 10,'' after ``described by section 2105(c) 
of this title''.
    (2) Subchapter II of chapter 81 of such title is amended--
            (A) in section 8171--
                    (i) in subsection (a)--
                            (I) by striking out ``Chapter 18 of title 
                        33'' in the first sentence and inserting in 
                        lieu thereof ``The Longshore and Harbor 
                        Workers' Compensation Act (33 U.S.C. 901 et 
                        seq.)'';
                            (II) by striking out ``section 902(2) of 
                        title 33'' in the first sentence and inserting 
                        in lieu thereof ``section 2(2) of such Act (33 
                        U.S.C. 902(2))''; and
                            (III) by striking out ``section 903(a) of 
                        title 33 which follows the first comma'' in the 
                        second sentence and inserting in lieu thereof 
                        ``section 3(a) of such Act (33 U.S.C. 903(3)) 
                        which follows the second comma'';
                    (ii) in subsection (b), by striking out ``section 
                902(4) of title 33'' and inserting in lieu thereof 
                ``section 2(4) of the Longshore and Harbor Workers' 
                Compensation Act (33 U.S.C. 902(4))'';
                    (iii) in subsection (c)(1), by striking out 
                ``section 939(b) of title 33'' and inserting in lieu 
                thereof ``39(b) of the Longshore and Harbor Workers' 
                Compensation Act (33 U.S.C. 939(b))''; and
                    (iv) in subsection (d), by striking out ``sections 
                918 and 921 of title 33'' and inserting in lieu thereof 
                ``sections 18 and 21 of the Longshore and Harbor 
                Workers' Compensation Act (33 U.S.C. 18 and 21, 
                respectively)''; and
            (B) by striking out ``section 902(2) of title 33'' in 
        sections 8172 and 8173 and inserting in lieu thereof ``section 
        2(2) of the Longshore and Harbor Workers' Compensation Act (33 
        U.S.C. 2(2))''.

                       Subtitle E--Other Matters

SEC. 341. CHANGE OF SOURCE FOR PERFORMANCE OF DEPOT-LEVEL WORKLOADS.

    The text of section 2469 of title 10, United States Code, is 
amended to read as follows:
    ``(a) Requirement for Competition.--The Secretary of Defense shall 
ensure that the performance of a depot-level maintenance workload 
described in subsection (b) is not changed to performance by a 
contractor or by another depot-level maintenance activity of the 
Department of Defense unless the change is made using--
            ``(1) merit-based selection procedures for competitions 
        among all depot-level maintenance activities of the Department 
        of Defense; or
            ``(2) competitive procedures for competitions among private 
        and public sector entities.
    ``(b) Scope.--Subsection (a) applies to any depot-level maintenance 
workload that has a value of not less than $3,000,000 and is being 
performed by a depot-level activity of the Department of Defense.
    ``(c) Inapplicability of OMB Circular A-76.--Office of Managment 
and Budget Circular A-76 does not apply to a performance change to 
which subsection (a) applies.''.

SEC. 342. 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 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, persons 
retired from service in the Air Force whose qualifications are approved 
under regulations prescribed by the Secretary and who request such 
employment.
    ``(2) A person employed pursuant to paragraph (1) may receive the 
person's retired pay and an additional amount for such employment that 
is not more than the difference between the person's retired pay and 
the pay and allowances the person would be entitled to receive if 
ordered to active duty in the grade in which the person retired from 
service in the Air Force. The additional amount shall be paid to the 
Civil Air Patrol by the Secretary from funds appropriated for that 
purpose.
    ``(3) A person employed pursuant to paragraph (1) may not, while so 
employed, be considered to be on active duty or inactive-duty training 
for any purpose.''.

SEC. 343. ARMED FORCES RETIREMENT HOME.

    (a) Increased Maximum Limitation on Deductions From Pay.--Section 
1007(i) of title 37, United States Code, is amended--
            (1) in paragraph (1), by striking out ``50 cents'' and 
        inserting in lieu thereof ``$2.00''; and
            (2) in paragraph (3), by adding at the end the following: 
        ``The amount fixed for a grade or length of service may not be 
        increased by more than 50 cents during any 12-month period.''.
    (b) Modification of Fees Paid by Residents.--(1) Paragraph (2) of 
section 1514(c) of the Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 414(c)) is amended to read as follows:
    ``(2) The fee shall be fixed as a percentage of the monthly income 
and monthly payments (including Federal 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.''.
    (2)(A) Subsections (d) and (e) of section 1514 of such Act are 
repealed.
    (B) Such section is further amended by adding after subsection (c) 
the following new subsection (d):
    ``(d) Application of Fees.--Subject to such adjustments in the fee 
as the Retirement Home Board may make under subsection (c), each 
resident of the Retirement Home shall be required to pay a monthly fee 
equal to the amount determined by multiplying the total amount of all 
monthly income and monthly payments (including Federal payments) 
received by the resident by a percentage as follows:
            ``(1) In the case of a permanent health care resident--
                    ``(A) in fiscal year 1998, 35 percent;
                    ``(B) in fiscal year 1999, 45 percent; and
                    ``(C) in fiscal year 2000, 65 percent.
            ``(2) In the case of a resident who is not a permanent 
        health care resident--
                    ``(A) in fiscal year 1998, 30 percent;
                    ``(B) in fiscal year 1999, 35 percent; and
                    ``(C) in fiscal year 2000, 40 percent.
    (c) Modernization of Facilities.--(1) The Chairman of the Armed 
Forces Retirement Home Board shall carry out a study to identify and 
evaluate alternatives for modernization of the facilities at the United 
States Soldiers' and Airmen's Home.
    (2) The Chairman shall submit an interim report and a final report 
on the results of the study to the Committees on Armed Services of the 
Senate and House of Representatives. The Chairman shall submit the 
interim report not later than April 1, 1995, and the final report not 
later than December 31, 1995.
    (d) Effective Dates.--(1) The amendments made by subsection (a) 
shall take effect on January 1, 1995, and apply to years that begin on 
or after that date.
    (2) The amendments made by subsection (b) shall take effect October 
1, 1997.

SEC. 344. CLARIFICATION OF AUTHORITY TO PROVIDE MEDICAL TRANSPORTATION 
              UNDER NATIONAL GUARD PILOT PROGRAM.

    Paragraph (1) of section 376(h) of the National Defense 
Authorization Act for Fiscal Year 1993 (32 U.S.C. 501 note) is amended 
to read as follows:
            ``(1) The term `health care' includes the following 
        services:
                    ``(A) Medical care services.
                    ``(B) Dental care services.
                    ``(C) Transportation, by air ambulance or other 
                means, for medical reasons.''.

SEC. 345. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.

    (a) Program Authorized.--Subject to subsection (b), the Secretary 
of the Army may carry out a loan guarantee program to encourage 
commercial firms to use ammunition manufacturing facilities pursuant to 
section 193 of the Armament Retooling and Manufacturing Support Act of 
1992 (subtitle H of title I of Public Law 102-484; 106 Stat. 2348). 
Under such program, the Secretary may guarantee the repayment of any 
loan made to a commercial firm to fund, in whole or in part, the 
establishment of a commercial activity under the Act.
    (b) Advanced Budget Authority.--Loan guarantees under this section 
may not be committed except to the extent that appropriations of budget 
authority to cover their costs are made in advance, as required by 
section 504 of the Federal Credit Reform Act of 1990 (title V of the 
Congressional Budget Act of 1974; 2 U.S.C. 661c).
    (c) Program Administration.--(1) The Secretary may enter into 
agreements with the Administrator of the Small Business Administration, 
the Administrator of the Farmers Home Administration, and the 
Administrator of the Rural Development Administration under which such 
Administrators may, under this section--
            (A) process applications for loan guarantees;
            (B) guarantee repayment of loans; and
            (C) provide any other services to the Secretary to 
        administer the loan guarantee program.
    (2) Each Administrator may guarantee loans under this section to 
commercial firms of any size, notwithstanding any size limitations 
imposed on other loan guarantee programs that the Administrator 
administers.
    (3) To the extent practicable, each Administrator shall use the 
same procedures for processing loan guarantee applications under this 
section as the Administrator uses for processing loan guarantee 
applications under other loan guarantee programs that the Administrator 
administers.
    (d) Loan Limits.--Loan guarantees under this section may not 
exceed--
            (1) $20,000,000 for any borrower; and
            (2) $65,000,000 for all borrowers.
    (e) Transfer of Funds.--The Secretary of the Army may transfer to 
an Administrator providing services under subsection (c), and an 
Administrator may accept, such funds as may be necessary to administer 
the loan guarantee program under this section.
    (f) Reporting Requirement.--Not later than July 1 of each year in 
which a guarantee issued under this section is in effect, the Secretary 
shall submit to the congressional defense committees a report 
containing the amounts of loans guaranteed under this section during 
the preceding calendar year. No report is required after fiscal year 
1997.
    (g) Authorization for Use of Existing Budget Authority.--Funds 
appropriated for the Armament Retooling and Manufacturing Support 
Initiative by title III of Public Law 102-396 under the heading 
``Procurement of Ammunition, Army'' (106 Stat. 1887) may be made 
available for loan guarantees under this section only to the extent 
provided in an appropriations Act enacted after the date of the 
enactment of this Act.
    (h) Extension of Authority.--Section 193(a) of the Armament 
Retooling and Manufacturing Support Act of 1992 (subtitle H of title I 
of Public Law 102-484; 106 Stat. 2348) is amended by striking out 
``During fiscal years 1993 and 1994,'' and inserting in lieu thereof 
``During fiscal years 1993 through 1996,''.

SEC. 346. REAUTHORIZATION OF DEPARTMENT OF DEFENSE DOMESTIC ELEMENTARY 
              AND SECONDARY SCHOOLS FOR DEPENDENTS.

    (a) Continued Authority.--Chapter 108 of title 10, United States 
Code, is amended by adding at the end the following new section:
``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 and dependents of civilian employees of the Federal 
Government residing on 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 the dependents of such members of the armed forces and, to 
the extent authorized in subsection (c), the dependents of such 
civilian employees.
    ``(b) Factors for Secretary To Consider.--(1) Factors to be 
considered by the Secretary of Defense in making a determination under 
subsection (a) shall include the following:
            ``(A) The extent to which such dependents are eligible for 
        free public education in the local area adjacent to the 
        military installation.
            ``(B) The extent to which the local educational agency is 
        able to provide a comparable educational program for such 
        dependents.
    ``(2) For purposes of paragraph (1)(B), an appropriate educational 
program is a program that, as determined by the Secretary, is 
comparable to a program of free public education provided for children 
in the following communities:
            ``(A) In the case of a military installation located in a 
        State (other than an installation referred to in subparagraph 
        (B)), similar communities in the State.
            ``(B) In the case of a military installation with 
        boundaries contiguous to two or more States, similar 
        communities in the contiguous States.
            ``(C) In the case of a military installation located in a 
        territory, commonwealth, or possession, the District of 
        Columbia, except that an educational program determined 
        comparable under this subparagraph may be considered 
        appropriate for the purposes of paragraph (1)(B) only if the 
        program is conducted in the English language.
    ``(c) Eligibility of Dependents of Federal Employees.--(1) A 
dependent of a Federal employee residing on a 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) for 
dependents residing on such installation.
    ``(2)(A) Except as provided in subparagraph (B), a dependent of a 
Federal employee who is enrolled in an educational program provided by 
the Secretary pursuant to subsection (a) and who is not residing on a 
military installation may be enrolled in the program for not more than 
five consecutive school years.
    ``(B) A dependent referred to in subparagraph (A) may be enrolled 
in the program for more than five consecutive school years if the 
Secretary determines that, in the interest of the dependent's 
educational well-being, there is good cause to extend the enrollment 
for more than the five-year period described in such subparagraph. Any 
such extension may be made for only one school year at a time.
    ``(3) A dependent of a Federal employee may continue enrollment in 
a program under this subsection for the remainder of a school year 
notwithstanding a change during such school year in the status of the 
Federal employee that, except for this paragraph, would otherwise 
terminate the eligibility of the dependent to be enrolled in the 
program. The preceding sentence does not limit the authority of the 
Secretary to remove the dependent from enrollment in the program at any 
time for good cause determined by the Secretary.
    ``(d) School Boards.--(1) The Secretary of Defense shall 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) The school board shall be composed of the number of members, 
not less than three, prescribed by the Secretary.
    ``(3) The parents of the students attending the school shall elect 
the school board in accordance with procedures which the Secretary 
shall prescribe.
    ``(4) The elected school board shall be considered a local civic 
group with a function of rendering a public service of providing 
counsel through oversight of school expenditures and operations. The 
Secretary shall prescribe the oversight procedures and audit standards 
applicable to the functions of the school board.
    ``(5) Meetings conducted by the school board shall be open to the 
public.
    ``(6) A school board need not comply with the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.), but may close meetings 
in accordance with such Act.
    ``(e) Administration and Staff.--(1) The Secretary of Defense may 
enter into such arrangements as may be necessary to provide educational 
programs at the school.
    ``(2) The Secretary may, without regard to the provisions of any 
other law relating to the number, classification, or compensation of 
employees--
            ``(A) establish 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 for a school pursuant to paragraph 
(2), the Secretary shall consider--
            ``(i) the compensation of comparable employees of the local 
        educational agency in the capital of the State where the 
        military installation is located;
            ``(ii) the compensation of comparable employees in the 
        local educational agency that provides public education to 
        students who reside adjacent to the military installation; or
            ``(iii) the average compensation for similar positions in 
        not more than three other local educational agencies in the 
        State in which the military installation is located.
    ``(B) In fixing the compensation of employees in schools 
established in the territories, commonwealths, and possessions pursuant 
to the authority of this section, the Secretary shall determine the 
level of compensation required to attract qualified employees. For 
employees in such schools, the Secretary, without regard to the 
provisions of title 5, may provide for the tenure, leave, hours of 
work, and other incidents of employment to be similar to that provided 
for comparable positions in the public schools of the District of 
Columbia. For purposes of the first sentence, a school shall be 
considered to have been established pursuant to the authority of this 
section if the school was established pursuant to other similar 
authority before the date on which this section takes effect.
    ``(f) Substantive and Procedural Rights and Protections for 
Children.--(1) The Secretary shall provide the following substantive 
rights, protections, and procedural safeguards (including due process 
procedures) in the educational programs provided for under this 
section:
            ``(A) In the case of children with disabilities aged 3 to 
        5, inclusive, all substantive rights, protections, and 
        procedural safeguards (including due process procedures) 
        available to children with disabilities aged 3 to 5, inclusive, 
        under part B of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1411 et seq.).
            ``(B) In the case of infants and toddlers with 
        disabilities, all substantive rights, protections, and 
        procedural safeguards (including due process procedures) 
        available to infants and toddlers with disabilities under part 
        H of such Act (20 U.S.C. 1471 et seq.).
            ``(C) In the case of all other children with disabilities, 
        all substantive rights, protections, and procedural safeguards 
        (including due process procedures) available to children with 
        disabilities who are 3 to 5 years old under part B of such Act.
    ``(2) Paragraph (1) may not be construed as diminishing for 
children with disabilities enrolled in day educational programs 
provided for under this section the extent of substantive rights, 
protections, and procedural safeguards that were available under 
section 6(a) of Public Law 81-874 (20 U.S.C. 241(a)) to children with 
disabilities as of October 7, 1991.
    ``(3) In this subsection:
            ``(A) The term `children with disabilities' has the meaning 
        given the term in section 602(a)(1) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401(a)(1)).
            ``(B) The term `children with disabilities aged 3 to 5, 
        inclusive' means such term as used in such Act (20 U.S.C. 1400 
        et seq.).
            ``(C) The term `infants and toddlers with disabilities' has 
        the meaning given the term in section 672(1) of such Act (20 
        U.S.C. 1472(1)).
    ``(g) Reimbursement.--When the Secretary of Defense provides 
educational services under this section to an individual who is a 
dependent of an employee of a Federal agency outside the Department of 
Defense, the head of the other Federal agency shall, upon request of 
the Secretary of Defense, reimburse the Secretary for those services at 
rates routinely prescribed by the Secretary for those services. Any 
payments received by the Secretary under this subsection shall be 
credited to the account designated by the 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.''.

SEC. 347. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT 
              DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
              OF DEFENSE CIVILIAN EMPLOYEES.

    (a) Availability of Funds.--Of the amounts authorized to be 
appropriated pursuant to section 301(5)--
            (1) $50,000,000 shall be available for providing assistance 
        to local educational agencies under subsection (b) of section 
        386 of Public Law 102-484; and
            (2) $8,000,000 shall be available for making payments to 
        local educational agencies under subsection (d) of such 
        section.
    (b) Notification and Disbursal.--(1) On or before June 30, 1995, 
the Secretary of Defense (with respect to assistance provided in 
subsection (b) of section 386 of Public Law 102-484) and the Secretary 
of Education (with respect to payments made under subsection (d) of 
such section) shall notify each local educational agency eligible for 
assistance under subsections (b) and (d) of such section, respectively, 
for fiscal year 1995 of such agency's eligibility for such assistance 
and the amount of such assistance.
    (2) The Secretary of Defense (with respect to funds made available 
under subsection (a)(1)) and the Secretary of Education (with respect 
to funds made available under subsection (a)(2)) shall disburse such 
funds not later than 30 days after notification to eligible local 
education agencies.

SEC. 348. DISPOSITION OF PROCEEDS FROM OPERATION OF THE NAVAL ACADEMY 
              LAUNDRY.

    Section 6971 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking out ``(a)''; and
                    (B) in the first sentence, by striking out ``and 
                the Academy dairy'' and inserting in lieu thereof ``the 
                Academy dairy, and the Academy laundry''; and
            (2) by striking out subsection (b).

SEC. 349. REPEAL OF ANNUAL LIMITATION ON EXPENDITURES FOR EMERGENCY AND 
              EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF DEFENSE 
              INSPECTOR GENERAL.

    Section 127(c) of title 10, United States Code, is amended--
            (1) by striking out ``(1)'' after ``(c)''; and
            (2) by striking out paragraph (2).

SEC. 350. EXTENSION OF AUTHORITY FOR PROGRAM TO COMMEMORATE WORLD WAR 
              II.

    Section 378 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2387; 10 U.S.C. 113 note) is 
amended by striking out ``1995'' each place it appears in subsections 
(a) and (b) and inserting in lieu thereof ``1996''.

SEC. 351. EXTENSION OF 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), as amended by section 370(b) of 
Public Law 103-160 (107 Stat. 1634), is further amended by striking out 
``September 30, 1994'' and inserting in lieu thereof ``September 30, 
1995''.

SEC. 352. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF DEFENSE PROPERTY TO 
              EDUCATIONAL INSTITUTIONS AND TRAINING SCHOOLS.

    (a) Authority To Transfer.--Subsection (b)(1) of section 2535 of 
title 10, United States Code, is amended by striking out subparagraph 
(G) and inserting in lieu thereof the following:
            ``(G) notwithstanding title II of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and 
        any other provision of law, authorize the transfer to a 
        nonprofit educational institution or training school, on a 
        nonreimbursable basis, of any such property already in the 
        possession of such institution or school whenever the program 
        proposed by such institution or school for the use of such 
        property will contribute materially to national defense; and''.
    (b) Treatment of Property Loaned Before December 31, 1993.--Except 
for property determined by the Secretary to be needed by the Department 
of Defense, property loaned before December 31, 1993, to an educational 
institution or training school under section 2535(b) of title 10, 
United States Code, or section 4(a)(7) of the Defense Industrial 
Reserve Act (as in effect before October 23, 1992) shall be regarded as 
surplus property. Upon certification by the Secretary to the 
Administrator of General Services that the property is being used by 
the borrowing educational institution or training school for a purpose 
consistent with that for which the property was loaned, the 
Administrator may authorize the conveyance of all right, title, and 
interest of the United States in such property to the borrower if the 
borrower agrees to accept the property. The Administrator may require 
any additional terms and conditions in connection with a conveyance so 
authorized that the Administrator considers appropriate to protect the 
interests of the United States.

SEC. 353. SHIPS' STORES.

    Section 371 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1634; 10 U.S.C. 7604 note) is 
amended--
            (1) by striking out subsections (a), (b), and (d); and
            (2) in subsection (c), by striking out ``(c) 
        Codification.--Section 7604'' and inserting in lieu thereof 
        ``Effective as of November 30, 1993, section 7604''.

SEC. 354. HUMANITARIAN PROGRAM FOR CLEARING LANDMINES.

    (a) Program Authorized.--The Secretary of Defense may carry out a 
program for humanitarian purposes to provide for the instruction, 
education, training, and advising of personnel of other nations in the 
various procedures that have been determined effective for detecting 
and clearing landmines.
    (b) Forms of Assistance.--Under the program the Secretary may 
provide personnel to conduct the instruction, education, or training or 
to furnish advice. In addition or alternatively, the Secretary may 
provide financial assistance or in-kind assistance in support of such 
instruction, education, or training.
    (c) Limitations on Actions of United States Personnel.--The 
Secretary of Defense shall ensure that no member of the Armed Forces of 
the United States--
            (1) while providing assistance under subsection (a), 
        engages in the physical detection, lifting, or destroying of 
        landmines unless the member does so for the concurrent purpose 
        of supporting a United States military operation; or
            (2) provides such assistance as part of a military 
        operation that does not involve the Armed Forces of the United 
        States.
    (d) Funding.--Of the funds authorized to be appropriated in section 
301, not more than $10,000,000 shall be available for a program carried 
out under subsection (a).

SEC. 355. ASSISTANCE TO RED CROSS FOR EMERGENCY COMMUNICATIONS SERVICES 
              FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.

    (a) Fiscal Year 1995.--Of the funds authorized to be appropriated 
by section 301(5), $14,500,000 shall be available for obtaining 
emergency communications services for members of the Armed Forces and 
their families from the American National Red Cross.
    (b) Fiscal Years 1996 and 1997.--Of the amounts authorized to be 
appropriated for the Department of Defense for fiscal years 1996 and 
1997 for operation and maintenance for Defense-wide activities, 
$14,500,000 shall be available for each such fiscal year for obtaining 
emergency communications services for members of the Armed Forces and 
their families from the American National Red Cross.

SEC. 356. MARITIME PREPOSITIONING SHIP ENHANCEMENT.

    Section 2218 of title 10, United States Code, is amended by adding 
at the end of subsection (f) the following new paragraph:
    ``(3) Not more than three vessels built in foreign shipyards may be 
purchased for the Marine Corps maritime prepositioning ship program 
with funds in the National Defense Sealift Fund. Vessels purchased 
under the authority of this paragraph may not be counted for purposes 
of the limitation in paragraph (1).''.

SEC. 357. ROLL-ON/ROLL-OFF VESSELS FOR THE READY RESERVE FORCE.

    (a) Transfer Authorized.--To the extent provided in appropriations 
Acts, in order to provide for purchase of up to seven roll-on/roll-off 
vessels for the Ready Reserve Force of the National Defense Reserve 
Fleet maintained under section 11 of the Merchant Ship Sales Act of 
1946 (50 U.S.C. App. 1744), the Secretary of Defense may transfer to 
the Maritime Administration not more than $43,000,000 out of funds 
authorized by this Act to be appropriated to the Department of Defense 
for fiscal year 1995, other than funds for procurement of national 
defense features for vessels.
    (b) Use by Maritime Administration.--Funds transferred to the 
Maritime Administration pursuant to subsection (a) shall be used only 
for the purpose set forth in such subsection.

SEC. 358. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES.

    Of the funds authorized to be appropriated by section 301(17), the 
Secretary of Defense may pay not more than $500,000 to the Hazardous 
Substance Superfund established under section 9507 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9507) as payment of stipulated civil 
penalties assessed under the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 359. SALE OF ARTICLES AND SERVICES OF INDUSTRIAL FACILITIES OF THE 
              ARMED FORCES TO PERSONS OUTSIDE DEPARTMENT OF DEFENSE.

    (a) Authority To Sell Outside DOD.--The Secretary of Defense may 
sell in accordance with this section to persons outside the Department 
of Defense articles and services produced in working-capital funded 
industrial facilities of the Armed Forces that are not available from 
any United States commercial source.
    (b) Designation of Participating Industrial Facilities.--The 
Secretary may designate up to three facilities referred to in 
subsection (a) as the facilities from which articles and services 
produced in such facilities may be sold under this section.
    (c) Conditions for Sales.--A sale of articles or services may be 
made under this section only if--
            (1) the Secretary of Defense determines that the articles 
        or services are not available from a commercial source in the 
        United States;
            (2) the purchaser agrees to hold harmless and indemnify the 
        United States, except in cases of willful misconduct or extreme 
        negligence, from any claim for damages or injury to any person 
        or property arising out of the articles or services;
            (3) the articles or services can be substantially performed 
        by the industrial facility concerned with only incidental 
        subcontracting and that performance is in the public interest;
            (4) the Secretary determines that the sale of the articles 
        or services will not interfere with the military mission of the 
        industrial facility concerned; and
            (5) the sale of the goods and services is made on the basis 
        that it will not interfere with performance of work by the 
        industrial facility concerned for the Department of Defense.
    (d) Methods of Sale.--(1) The Secretary shall permit a 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) Delegation of Authority.--The Secretary may delegate the 
authority to sell articles and services in accordance with this section 
to the commander of each industrial facility designated pursuant to 
subsection (b) in accordance with regulations prescribed by the 
Secretary.
    (f) Deposit of Proceeds.--Proceeds from sales of articles and 
services under this section shall be credited to the funds, including 
working capital funds and operation and maintenance funds, incurring 
the costs of performance.
    (g) 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.
    (h) 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.

SEC. 360. STUDY OF ESTABLISHMENT OF LAND MANAGEMENT AND TRAINING CENTER 
              AT FORT RILEY, KANSAS.

    (a) Study.--The Secretary of the Army shall carry out a study of 
the feasibility and advisability of establishing at Fort Riley, Kansas, 
a center for the land management activities and land management 
training activities of the Department of Defense.
    (b) Report.--The Secretary shall submit to the congressional 
defense committees a report on the study required under subsection (a). 
The Secretary shall submit the report not later than May 1, 1996.

SEC. 361. PROCUREMENT OF PORTABLE VENTILATORS FOR THE DEFENSE MEDICAL 
              FACILITY OFFICE, FORT DETRICK, MARYLAND.

    Of the funds authorized to be appropriated by section 301(5), 
$2,500,000 shall be available for the procurement of portable 
ventilators for the Defense Medical Facility Office, Fort Detrick, 
Maryland.

SEC. 362. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH IN CERTAIN 
              CONTRACTS.

    (a) Review.--The Inspector General of the Department of Defense 
shall carry out a review of a representative sample of existing 
contracts for the performance of commercial activities which resulted 
from a cost comparison study conducted by the Department of Defense 
under Office of Management and Budget Circular A-76 (or any other 
successor administrative regulation or policy) to determine the extent 
to which the cost incurred by a contractor under any such contract has 
exceeded the cost of the contract at the time the contract was entered 
into.
    (b) Report.--Not later than April 1, 1995, the Inspector General 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report containing the results of the review 
carried out under subsection (a).

SEC. 363. COST COMPARISON STUDIES FOR CONTRACTS FOR ADVISORY AND 
              ASSISTANCE SERVICES.

    (a) In General.--(1) Chapter 141 of title 10, United States Code, 
is amended by adding at the end the following new section:
``Sec. 2410l. Contracts for advisory and assistance services: cost 
              comparison studies
    ``(a) Requirement.--(1)(A) Before the Secretary of Defense enters 
into a contract described in subparagraph (B), the Secretary shall 
determine whether Department of Defense personnel have the capability 
to perform the services proposed to be covered by the contract.
    ``(B) Subparagraph (A) applies to any contract of the Department of 
Defense for advisory and assistance services which contract will have a 
value in excess of $100,000.
    ``(2) If the Secretary determines that such personnel have that 
capability, the Secretary shall conduct a study comparing the cost of 
performing the services with Department of Defense personnel and the 
cost of performing the services with contractor personnel.
    ``(b) Waiver.--The Secretary of Defense may, pursuant to guidelines 
prescribed by the Secretary, waive the requirement under subsection 
(a)(2) 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 prescribe the following procedures:
            (1) Procedures for carrying out a cost comparison study 
        under subsection (a)(2) of section 2410l of title 10, United 
        States Code, as added by subsection (a), which 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 for reviewing 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 180 days after the date 
of the enactment of this Act.

              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. EXTENSION OF TEMPORARY VARIATION OF END STRENGTH LIMITATIONS 
              FOR MARINE CORPS MAJORS AND LIEUTENANT COLONELS.

    (a) Extension of Authority.--Subsection (a) of section 402 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1639; 10 U.S.C. 523 note) is amended by striking out 
``and 1995'' and inserting in lieu thereof ``through 1997''
    (b) Limitation.--The table in subsection (b) of such section is 
amended to read as follows:

  

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                         Number of officers who may be  
                                                                                                                                                                                                         serving on active duty in the  
                                                                                                                                                                                                                   grade of:            
                                                                             ``Fiscal year:                                                                                                          -----------------------------------
                                                                                                                                                                                                                           Lieutenant   
                                                                                                                                                                                                            Major            colonel    
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1994................................................................................................................................................................................................        3,023            1,578    
1995........................................................................3,157............1,634................................................................................................                                    
1996........................................................................3,157............1,634................................................................................................                                    
1997........................................................................3,157...........1,634.''................................................................................................                                    
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

  
    (c) Clerical Amendment.--The caption of subsection (b) of such 
section is amended by striking out ``and 1995.--'' and inserting in 
lieu thereof ``Through 1997.--''.

SEC. 403. RETENTION OF AUTHORIZED STRENGTH OF GENERAL OFFICERS ON 
              ACTIVE DUTY IN THE MARINE CORPS FOR FISCAL YEARS AFTER 
              FISCAL YEAR 1995.

    Section 526(a)(4) of title 10, United States Code, is amended by 
striking out ``before October 1, 1995,'' and all that follows through 
``that date''.

SEC. 404. EXCEPTION TO LIMITATION ON NUMBER OF GENERAL OFFICERS AND 
              FLAG OFFICERS SERVING ON ACTIVE DUTY.

    Section 525(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(5)(A) Subject to subparagraph (C), an officer while serving in a 
position referred to in subparagraph (B), if serving in the grade of 
general or admiral, is in addition to the number that would otherwise 
be permitted for that officer's armed force for that grade under 
paragraph (1) or (2).
    ``(B) Subparagraph (A) applies to the following positions:
            ``(i) Commander in Chief of a combatant command.
            ``(ii) Commander, United States Forces, Korea.
            ``(iii) Deputy Commander in Chief, United States European 
        Command, but only while the Commander in Chief of such command 
        is also the Supreme Allied Commander Europe.
    ``(C) Subparagraph (A) does not apply to an officer serving in a 
position referred to in subparagraph (B) unless the Secretary of 
Defense, when considering that officer for recommendation to the 
President for appointment to such position, concurrently considered one 
officer from each of the other armed forces (other than the Coast 
Guard) for recommendation to the President for appointment to the 
position.
    ``(D) The Chairman of the Joint Chiefs of Staff may recommend 
officers to the Secretary of Defense for consideration by the President 
for appointment to any of the positions referred to in subparagraph 
(B).
    ``(E) This paragraph shall cease to be effective at the end of 
September 30, 1997.''.

SEC. 405. 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.

                       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, 109,000.
            (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.

              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 
$70,790,397,000. The authorization in the preceding sentence supersedes 
any other authorization of appropriations (definite or indefinite) for 
such purpose for fiscal year 1995.

                       Subtitle E--Other Matters

SEC. 441. 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.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

SEC. 501. SERVICE ON SUCCESSIVE SELECTION BOARDS.

    (a) Service on Successive Boards Authorized.--Section 628 of title 
10, United States Code, is amended by adding at the end the following 
new subsection:
    ``(f)(1) A special selection board convened under this section 
shall be composed in accordance with section 612 of this title or, in 
the case of a warrant officer, composed in accordance with section 573 
of this title and regulations prescribed by the Secretary of the 
military department concerned, except that the prohibitions on service 
on successive selection boards set forth in sections 612(b) and 573(e) 
of this title do not apply to service on successive selection boards 
authorized under paragraph (2).
    ``(2) An officer may serve on a selection board convened under 
section 611(a) of this title or, in the case of a warrant officer, 
section 573(a) of this title and on a successive special selection 
board convened under this section if the service on the successive 
board is approved by the Secretary of the military department concerned 
and the successive board does not consider any officer who was 
considered by the first board.''.
    (b) Conforming Amendment.--Subsections (a)(1) and (b)(1) of section 
628 of such title are amended by striking out ``(composed in accordance 
with'' and all that follows through ``concerned)'' and inserting in 
lieu thereof ``(composed as provided in subsection (f))''.

SEC. 502. PROMOTION AND OTHER CAREER MANAGEMENT MATTERS RELATING TO 
              WARRANT OFFICERS ON ACTIVE-DUTY LISTS.

    (a) Exception From Mandatory Consideration by Promotion Selection 
Board.--Section 575(d) of such title is amended by inserting ``(except 
for warrant officers precluded from consideration under regulations 
prescribed by the Secretary concerned under section 577 of this 
title)'' after ``under consideration''.
    (b) Secretarial Submission of Promotion Selection Board Report.--
Section 576(f)(1) of such title is amended by striking out the second 
sentence.
    (c) Promotion Formalities Deemed Completed.--Section 578 of such 
title is amended by adding at the end the following new subsections:
    ``(e) A warrant officer who is appointed to a higher grade under 
this section is considered to have accepted such appointment on the 
date on which the appointment is made unless the officer expressly 
declines the appointment.
    ``(f) A warrant who has served continuously as an officer since the 
officer took the oath of office set forth under section 3331 of title 5 
is not required to take a new oath upon appointment to a higher grade 
under this section.''.
    (d) Warrant Officers Subject to Management Authorities.--Section 
582(2) of such title is amended by inserting before the period at the 
end the following: ``(other than such officers recalled to active duty 
before February 1, 1992, who have served continuously on active duty 
since such date)''.

SEC. 503. ENLISTMENT OR RETIREMENT OF NAVY AND MARINE CORPS LIMITED 
              DUTY OFFICERS HAVING TWICE FAILED OF SELECTION FOR 
              PROMOTION.

    (a) Authority.--Subsection (f) of section 6383 of title 10, United 
States Code, is amended to read as follows:
    ``(f)(1) An officer subject to discharge under subsection (b), (d), 
or (e) who is not eligible for retirement or for retention under 
paragraph (2) 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 within two years of qualifying for retirement under section 6323 
of this title as of the date on which the officer is to be discharged, 
the officer shall be retained on active duty until becoming qualified 
for retirement under that section (unless sooner retired or discharged 
under another provision of law) and shall then be retired.''.
    (b) Conforming Amendments.--Section 6383 of such title is amended--
            (1) in subsection (i), by striking out ``or the discharge 
        under subsection (d)'' and inserting in lieu thereof ``or the 
        discharge under subsection (b) or (d)'';
            (2) by striking out subsection (g);
            (3) by redesignating subsections (h), (i), and (j) as 
        subsections (g), (h), and (i), respectively; and
            (4) in subsections (a), (b), and (d), by striking out 
        ``Except as provided in subsection (i),'' each place it appears 
        and inserting in lieu thereof ``Except as provided in 
        subsection (h),''.

SEC. 504. EDUCATIONAL REQUIREMENTS FOR APPOINTMENT IN RESERVE 
              COMPONENTS IN GRADES ABOVE FIRST LIEUTENANT OR LIEUTENANT 
              (JUNIOR GRADE).

    Section 596(a) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a) In General.--''; and
            (2) by striking out ``an accredited educational 
        institution'' and inserting in lieu thereof ``an educational 
        institution described in paragraph (2)''; and
            (3) by adding at the end the following new paragraph:
    ``(2) An educational institution referred to in paragraph (1) is--
            ``(A) an accredited educational institution; or
            ``(B) an unaccredited educational institution if at least 
        three accredited educational institutions generally grant 
        baccalaureate degree credit for completion of courses of the 
        unaccredited institution equivalent to the baccalaureate degree 
        credit granted by the unaccredited institution for the 
        completion of such courses.''.

SEC. 505. LIMITED EXCEPTION FROM BACCALAUREATE DEGREE REQUIREMENT FOR 
              ALASKA SCOUT OFFICERS.

    Section 596 of title 10, United States Code, is amended--
            (1) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(5) The appointment or recognition of an individual 
        referred to in subsection (c) in a higher grade (not above 
        major) of the Alaska Army National Guard while such individual 
        is serving in a Scout unit or a Scout supporting unit.''; and
            (2) by adding at the end the following new subsection:
    ``(c) Persons Covered by Alaska Scout Exception.--Subsection (b)(5) 
applies to a member of the Alaska Army National Guard who resides 
permanently at a location in Alaska that is more than 50 miles from the 
cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road.''.

SEC. 506. ORIGINAL APPOINTMENTS OF LIMITED DUTY OFFICERS OF THE NAVY 
              AND MARINE CORPS SERVING IN TEMPORARY GRADES.

    Section 5589 of title 10, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Original appointments as regular officers of the Navy or 
Marine Corps may be made from among officers serving on active duty in 
a higher grade pursuant to a temporary appointment in that grade under 
section 5596 of this title. The grade in which an officer is appointed 
under this subsection shall be the grade in which the officer is 
serving pursuant to the temporary appointment. The officer's date of 
rank for the grade of the original appointment shall be the same as the 
date of rank for the grade of the temporary appointment.''.

SEC. 507. SELECTION FOR DESIGNATED JUDGE ADVOCATE POSITIONS.

    (a) To the extent that selection for the positions described in 
subsection (b) is not governed by Chapter 36 of title 10, United States 
Code, the Secretary of Defense shall prescribe regulations to ensure 
that officers selected to serve in such positions are selected for such 
service by boards governed, insofar as practicable, by the procedures 
prescribed for selection boards under Chapter 36 of title 10, United 
States Code.
    (b) The positions referred to in subsection (a) are--
            (1) the Judge Advocate General and Assistant Judge Advocate 
        General of the Army,
            (2) the Judge Advocate General and Deputy Judge Advocate 
        General of the Navy,
            (3) the Staff Judge Advocate to the Commandant of the 
        Marine Corps, and
            (4) the Judge Advocate General and Deputy Judge Advocate 
        General of the Air Force.

                 Subtitle B--Reserve Component Matters

SEC. 511. REVIEW OF OPPORTUNITIES FOR ORDERING INDIVIDUAL RESERVES TO 
              ACTIVE DUTY WITH CONSENT.

    (a) Review Required.--The Secretary of Defense shall--
            (1) review the opportunities for individual members of the 
        reserve components of the Armed Forces to be ordered to active 
        duty, with the consent of the members concerned, during 
        peacetime in positions traditionally filled by active duty 
        personnel; and
            (2) identify and remove any impediments, in regulations or 
        other administrative rules, to increasing such opportunities.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
results of the review. The report shall contain--
            (1) a plan for increasing the opportunities for individual 
        members of the reserve components of the Armed Forces to be 
        ordered to active duty, with the consent of the members 
        concerned, during peacetime in positions traditionally filled 
        by active duty personnel; and
            (2) any additional legislation that the Secretary considers 
        necessary in order to increase such opportunities.

SEC. 512. INCREASED PERIOD OF ACTIVE DUTY SERVICE FOR SELECTED RESERVE 
              FORCES MOBILIZED OTHER THAN DURING WAR OR NATIONAL 
              EMERGENCY.

    (a) Revision to Period of Extension of Active Duty.--Section 673b 
of title 10, United States Code, is amended--
            (1) in subsection (a), by striking out ``90 days.'' and 
        inserting in lieu thereof ``180 days.''; and
            (2) by striking out subsection (i).
    (b) Report Required.--(1) Not later than April 1, 1995, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on increasing the authority of the President to 
order units and members of the reserve components to active duty 
without the consent of the members concerned.
    (2) The report shall include the following:
            (A) An analysis of options for increased presidential 
        authority.
            (B) An assessment of the effects of each option on 
        recruiting, retention, employer support for the reserve 
        components, and the families of members of the reserve 
        components.
            (C) Programs that the Secretary recommends to mitigate any 
        negative effects.
            (D) Any option that the Secretary recommends.
            (E) Any proposed legislation that the Secretary considers 
        necessary to implement any recommended option.

SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO TRANSFER OF 
              REGULAR ENLISTED MEMBERS TO RESERVE COMPONENTS.

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

SEC. 514. SENSE OF THE SENATE CONCERNING THE TRAINING AND MODERNIZATION 
              OF THE RESERVE COMPONENTS.

    (a) Findings.--(1) The force structure specified in the Pentagon's 
Bottom Up Review assumes increased reliance on the reserve components 
of the Armed Forces;
    (2) The mobilization of the reserve components for the Persian Gulf 
War was handicapped by training, readiness, and equipment shortfalls;
    (3) The mobilization of the Army reserve components for the Persian 
Gulf War was handicapped by lack of a standard readiness evaluation 
system, which resulted in a lengthy reevaluation of training and 
equipment readiness of Army National Guard and Reserve units before 
they could by deployed;
    (4) Funding and scheduling constraints continue to limit the 
opportunity for combat units of the Army National Guard to carry out 
adequate maneuver training;
    (5) Funding constraints continue to handicap the readiness and 
modernization of the reserve components and their interoperability with 
the active forces: Now, therefore
    (b) Purpose.--It is the sense of the Senate that the Department of 
Defense should establish a standard readiness and evaluation system and 
that it should provide in its annual budget submissions adequate 
resources to ensure that National Guard and reserve units are trained 
and modernized to the standards needed for them to carry out the full 
range of missions required of them under the Bottom Up Review.

                       Subtitle C--Other Matters

SEC. 521. REVIEW OF CERTAIN DISMISSALS FROM THE UNITED STATES MILITARY 
              ACADEMY.

    (a) Review Required.--The Secretary of the Army shall promptly 
carry out a thorough review of the dismissals from the Corps of Cadets 
of the United States Military Academy of James Webster Smith in 1874 
and Johnson Chesnut Whittaker in 1882.
    (b) Purposes of Review.--The purpose of each review shall be to 
determine the validity of the original proceedings and the extent, if 
any, to which racial prejudice or other improper factors now known may 
have tainted the original proceedings.
    (c) Correction of Records.--If the Secretary determines that the 
dismissal of James Webster Smith or Johnson Chesnut Whittaker was in 
error or an injustice, the Secretary may correct that person's military 
records (including the records of proceedings in such case).
    (d) Posthumous Commission.--Upon recommendation of the Secretary in 
the case of James Webster Smith or Johnson Chesnut Whittaker, the 
President may issue in the name of James Webster Smith or Johnson 
Chesnut Whittaker, as the case may be, a posthumous commission as an 
officer in the regular Army in the grade of second lieutenant. Sections 
1521(b) and 1523 of title 10, United States Code, shall apply with 
respect to a commission so issued.

SEC. 522. TRANSITIONAL COMPENSATION AND OTHER BENEFITS FOR DEPENDENTS 
              OF MEMBERS SEPARATED FOR DEPENDENT ABUSE.

    (a) Requirement.--Subsection (a) of section 1058 of title 10, 
United States Code, as added by section 554(a)(1) of Public Law 103-160 
(197 Stat. 1663), is amended by amending subsection (e) to read as 
follows:
    ``(e) Commencement and Duration of Payment.--(1) Payment of 
transitional compensation under this section--
            ``(A) in the case of a member convicted by a court-martial 
        for a dependent-abuse offense, may commence as of the date of 
        the approval of the court-martial sentence by the person acting 
        under section 860(c) of this title (article 60(c) of the 
        Uniform Code of Military Justice) if the sentence, as approved, 
        includes a dismissal, dishonorable discharge, bad conduct 
        discharge, or forfeiture of all pay and allowances; and
            ``(B) in the case of a member being considered under 
        applicable regulations for administrative separation from 
        active duty in accordance with such regulations (if the basis 
        for the separation includes a dependent-abuse offense), may 
        commence as of the date on which the separation action is 
        initiated by a commander of the member pursuant to such 
        regulations, as determined by the Secretary concerned.
    ``(2) Transitional compensation with respect to a member may be 
paid for a period of 36 months, except that, if as of the date on which 
payment of transitional compensation commences the unserved portion of 
the member's period of obligated active duty service is less than 36 
months, the period for which transitional compensation is paid shall be 
equal to the greater of--
            ``(A) the unserved portion of the member's period of 
        obligated active duty service; or
            ``(B) 12 months.
    ``(3)(A) If a member is sentenced by a court-martial to receive 
punishment that includes a dismissal, dishonorable discharge, bad 
conduct discharge, or forfeiture of all pay and allowances as a result 
of a conviction by a court-martial for a dependent-abuse offense and 
each such punishment applicable to the member under the sentence is 
remitted, set aside, or mitigated to a lesser punishment that does not 
include any such punishment, any payment of transitional compensation 
that has commenced under this section on the basis of such sentence in 
that case shall cease.
    ``(B) If administrative separation of a member from active duty is 
proposed on a basis that includes a dependent-abuse offense and the 
proposed administrative separation is disapproved by competent 
authority under applicable regulations, payment of transitional 
compensation in such case shall cease.
    ``(C) Cessation of payments under subparagraph (A) or (B) shall be 
effective as of the first day of the first month following the month in 
which the Secretary concerned notifies the recipient of such 
transitional compensation in writing that payment of the transitional 
compensation will cease. The recipient may not be required to repay 
amounts of transitional compensation received before that effective 
date (except to the extent necessary to recoup any amount that was 
erroneous when paid).''.
    (c) Health, Commissary, and Other Benefits.--Such section is 
further amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (k) and (l), respectively; and
            (2) by inserting after subsection (i) the following new 
        subsection (j):
    ``(j) Health, Commissary, and Other Benefits.--(1) A dependent or 
former dependent entitled to payment of monthly transitional 
compensation under this section shall, while receiving payments in 
accordance with this section, be entitled to receive medical and dental 
care, to use commissary and exchange stores, and to receive any other 
benefit that a dependent of a member of the armed forces is entitled to 
receive on the basis of being a dependent of a member of the armed 
forces to the same extent and in the same manner as a dependent of a 
member of the armed forces on active duty for a period of not more than 
30 days.
    ``(2) If a dependent or former dependent eligible or entitled to 
receive a particular benefit under this subsection is eligible or 
entitled to receive that benefit under another provision of law, the 
eligibility or entitlement of that dependent or former dependent to 
such benefit shall be determined under such other provision of law 
instead of this subsection.''.
    (c) Conforming Amendments.--(1) The heading for such section is 
amended to read as follows:
``Sec. 1058. Dependents of members separated for dependent abuse: 
              transitional compensation and other benefits''.
    (2) The table of sections at the beginning of chapter 53 of such 
title is amended by striking out the item relating to section 1058 (as 
added by section 554(a)(2) of Public Law 103-160 (107 Stat. 1066)) and 
inserting in lieu thereof the following:

``1058. Dependents of members separated for dependent abuse: 
                            transitional compensation and other 
                            benefits.''.

          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.

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.

    (a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title 
37, United States Code, is amended by striking out ``September 30, 
1995'' and inserting in lieu thereof ``September 30, 1996''.
    (b) Selected Reserve Enlistment Bonus.--Section 308c(e) of title 
37, United States Code, is amended by striking out ``September 30, 
1995'' and inserting in lieu thereof ``September 30, 1996''.
    (c) Selected Reserve Affiliation Bonus.--Section 308e(e) of title 
37, United States Code, is amended by striking out ``September 30, 
1995'' and inserting in lieu thereof ``September 30, 1996''.
    (d) Ready Reserve Enlistment and Reenlistment Bonus.--Section 
308h(g) of title 37, United States Code, is amended by striking out 
``September 30, 1995'' and inserting in lieu thereof ``September 30, 
1996''.
    (e) Prior Service Enlistment Bonus.--Section 308i(i) of title 37, 
United States Code, is amended by striking out ``September 30, 1995'' 
and inserting in lieu thereof ``September 30, 1996''.

SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BONUSES AND SPECIAL PAY 
              FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND 
              NURSE ANESTHETISTS.

    (a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) 
of title 10, United States Code, is amended by striking out ``September 
30, 1995,'' and inserting in lieu thereof ``September 30, 1998,''.
    (b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of 
title 37, United States Code, is amended by striking out ``September 
30, 1995,'' and inserting in lieu thereof ``September 30, 1998,''.
    (c) Incentive Special Pay for Nurse Anesthetists.--Section 
302e(a)(1) of title 37, United States Code, is amended--
            (1) by striking out ``September 30, 1995,'' and inserting 
        in lieu thereof ``September 30, 1998,''; and
            (2) by striking out ``$6,000'' and inserting in lieu 
        thereof ``$15,000''.

SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER BONUSES 
              AND SPECIAL PAYS.

    (a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37, 
United States Code, is amended by striking out ``September 30, 1994'' 
and inserting in lieu thereof ``September 30, 1995''.
    (b) Reenlistment Bonus for Active Members.--Section 308(g) of title 
37, United States Code, is amended by striking out ``September 30, 
1995'' and inserting in lieu thereof ``September 30, 1996''.
    (c) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and 
308f(c) of title 37, United States Code, are each amended by striking 
out ``September 30, 1995'' and inserting in lieu thereof ``September 
30, 1996''.
    (d) Special Pay for Enlisted Members of the Selected Reserve 
Assigned to Certain High Priority Units.--Section 308d(c) of title 37, 
United States Code, is amended by striking out ``September 30, 1995'' 
and inserting in lieu thereof ``September 30, 1996''.
    (e) Repayment of Education Loans for Certain Health Professionals 
who Serve in the Selected Reserve.--Section 2172(d) of title 10, United 
States Code, is amended by striking out ``October 1, 1995'' and 
inserting in lieu thereof ``October 1, 1996''.
    (f) Special Pay for Critically Short Wartime Health Specialists in 
the Selected Reserves.--Section 613(d) of the National Defense 
Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note) is amended by 
striking out ``September 30, 1995'' and inserting in lieu thereof 
``September 30, 1996''.
    (g) Special Pay for Nuclear-Qualified Officers Extending Period of 
Active Service.--Section 312(e) of title 37, United States Code, is 
amended by striking out ``September 30, 1995'' and inserting in lieu 
thereof ``September 30, 1996''.
    (h) Nuclear Career Accession Bonus.--Section 312b(c) of title 37, 
United States Code, is amended by striking out ``September 30, 1995,'' 
and inserting in lieu thereof ``September 30, 1996,''.
    (i) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of 
title 37, United States Code, is amended by striking out ``October 1, 
1995'' and inserting in lieu thereof ``October 1, 1996''.

            Subtitle C--Travel and Transportation Allowances

SEC. 621. RESPONSIBILITY FOR PREPARATION OF TRANSPORTATION MILEAGE 
              TABLES.

    Section 404(d)(1)(A) of title 37, United States Code, is amended by 
striking out ``the Secretary of the Army'' and inserting in lieu 
thereof ``the Secretary of Defense''.

             Subtitle D--Retired Pay and Survivor Benefits

SEC. 631. 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. 632. 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) Section 3991 of such title is amended--
            (A) in subsection (a)--
                    (i) by striking out paragraph (1) and inserting in 
                lieu thereof the following:
            ``(1) Formula.--The monthly retired pay of a member 
        entitled to such pay under this subtitle by reason of 
        retirement under a provision of law referred to in paragraph 
        (3) is computed by multiplying the retired pay base (as 
        computed under section 1406(c) or 1407 of this title) by the 
        retired pay multiplier prescribed in section 1409 of this title 
        for the number of years credited to the member under section 
        1405 of this title.''; and
                    (ii) by adding at the end the following new 
                paragraph:
            ``(3) Applicability.--Paragraph (1) applies to a member 
        retired under the authority of section 3911, 3914, 3917, 3918, 
        3920, or 3924 of this title.''; and
            (B) in subsection (b), by striking out paragraph (3).
    (3) The text of section 3992 of such title is amended to read as 
follows:
    ``(a) Recomputation Required.--An enlisted member or warrant 
officer of the Army who is advanced on the retired list under section 
3964 of this title is entitled to recompute the member's or officer's 
retired pay in accordance with this section.
    ``(b) Formula.--To recompute an enlisted member's retired pay or a 
warrant officer's retired pay, multiply the retired pay base (as 
computed under section 1406(c) or 1407 of this title) by the retired 
pay multiplier prescribed in section 1409 of this title for the number 
of years credited to the member or officer under section 1405 of this 
title.
    ``(c) Rounding to Next Lower Dollar.--The amount computed under 
subsection (b), if not a multiple of $1, shall be rounded to the next 
lower multiple of $1.''.
    (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 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) Section 8991 of such title is amended--
            (A) in subsection (a)--
                    (i) by striking out paragraph (1) and inserting in 
                lieu thereof the following:
            ``(1) Formula.--The monthly retired pay of a member 
        entitled to such pay under this subtitle by reason of 
        retirement under a provision of law referred to in paragraph 
        (3) is computed by multiplying the retired pay base (as 
        computed under section 1406(e) or 1407 of this title) by the 
        retired pay multiplier prescribed in section 1409 of this title 
        for the number of years credited to the member under section 
        1405 of this title.''; and
                    (ii) by adding at the end the following new 
                paragraph:
            ``(3) Applicability.--Paragraph (1) applies to a member 
        retired under the authority of section 8911, 8914, 8917, 8918, 
        8920, or 8924 of this title.''; and
            (B) in subsection (b), by striking out paragraph (3).
    (3) The text of section 8992 of such title is amended to read as 
follows:
    ``(a) Recomputation Required.--An enlisted member or warrant 
officer of the Air Force who is advanced on the retired list under 
section 8964 of this title is entitled to recompute the member's or 
officer's retired pay in accordance with this section.
    ``(b) Formula.--To recompute an enlisted member's retired pay or a 
warrant officer's retired pay, multiply the retired pay base (as 
computed under section 1406(e) or 1407 of this title) by the retired 
pay multiplier prescribed in section 1409 of this title for the number 
of years credited to the member or officer under section 1405 of this 
title.
    ``(c) Rounding to Next Lower Dollar.--The amount computed under 
subsection (b), if not a multiple of $1, shall be rounded to the next 
lower multiple of $1.''.
    (d) Conforming Amendment.--Section 1405 of 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. 633. FORFEITURE OF ANNUITY OR RETIRED PAY OF MEMBERS CONVICTED OF 
              ESPIONAGE.

    (a) Forfeiture.--Section 8312(b)(2)(A) of title 5, United States 
Code, is amended--
            (1) by striking out ``or article 106 (spies)'' and 
        inserting in lieu thereof ``, article 106 (spies), or article 
        106a (espionage)''; and
            (2) by striking out ``or article 106'' and inserting in 
        lieu thereof ``, article 106, or article 106a''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
persons convicted of espionage under section 906a of title 10, United 
States Code (article 106a of the Uniform Code of Military Justice), on 
or after the date of the enactment of this Act.

SEC. 634. COMPUTATION OF RETIRED PAY TO PREVENT PAY INVERSIONS.

    Section 1401a(f) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(f) Prevention of Pay 
        Inversions.--''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) Subject to subparagraph (B), for the purpose of computing 
the monthly retired pay of a member or former member of an armed force 
under paragraph (1), the Secretary concerned may waive any provision of 
a regulation that, as such provision was in effect on the earlier date 
applicable to the member or former member under paragraph (1), required 
a member to serve for a minimum period in a grade as a condition for 
retirement in that grade.
    ``(B) Any waiver under subparagraph (A) shall apply in the case of 
a member or former member only to that part of the minimum period of 
service provided for a grade in the regulation that exceeds the minimum 
period of service in such grade that was authorized by a provision of 
this title to be required as a condition for retirement in that grade 
(as such provision of this title was in effect on the earlier date 
applicable to the member or former member under paragraph (1)).
    ``(C) The Secretary concerned may waive the provision of a 
regulation under subparagraph (A) in the case of a particular member or 
former member or for any group of members or former members.''.

SEC. 635. COST-OF-LIVING INCREASES IN SBP CONTRIBUTIONS TO BE EFFECTIVE 
              CONCURRENTLY WITH PAYMENT OF RELATED RETIRED PAY COST-OF-
              LIVING INCREASES.

    (a) Survivor Benefit Plan.--Section 1452(h) of title 10, United 
States Code, is amended--
            (1) by inserting ``(1)'' after ``(h)''; and
            (2) by adding at the end the following new subsection:
    ``(2)(A) Notwithstanding paragraph (1), when the initial payment of 
an increase in retired pay under section 1401a of this title (or any 
other provision of law) to a person is later than the effective date of 
that increase by reason of the application of subsection (b)(2)(B) of 
such section, then the amount of the reduction in the person's retired 
pay shall be effective on the date of that initial payment of the 
increase in retired pay rather than the effective date of the increase 
in retired pay.
    ``(B) Subparagraph (A) may not be construed as delaying, for 
purposes of determining the amount of a monthly annuity under section 
1451 of this title, the effective date of an increase in a base amount 
under subsection (h) of such section from the effective date of an 
increase in retired pay under section 1401a of this title to the date 
on which the initial payment of that increase in retired pay is made in 
accordance with subsection (b)(2)(B) of such section 1401a.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to retired pay payable for months beginning on 
or after the date of the enactment of this Act.

SEC. 636. REQUIREMENT FOR EQUAL TREATMENT OF CIVILIAN AND MILITARY 
              RETIREES IN THE EVENT OF DELAYS IN COST-OF-LIVING 
              ADJUSTMENTS.

    (a) Civil Service Annuities.--(1) Section 8340 of title 5, United 
States Code, is amended--
            (A) in subsection (b), by striking out ``Except as provided 
        in subsection (c)'' and inserting in lieu thereof ``Except as 
        provided in subsections (c) and (h)''; and
            (B) by adding at the end the following new subsection:
    ``(h)(1) Whenever, by law, there is a difference between the date 
on which a cost-of-living adjustment under this section is to take 
effect and the date on which a corresponding cost-of-living adjustment 
of the retired pay of members and former members of the uniformed 
services under section 1401a of title 10 is to take effect, then, 
notwithstanding subsection (b) and any other provision of law, the date 
on which the cost-of-living adjustment under this section takes effect 
shall be the earlier of the two dates.
    ``(2) Whenever, by law, there is a difference between the first 
month for which a cost-of-living adjustment taking effect under this 
section is payable and the first month for which a corresponding cost-
of-living adjustment of the retired pay of members and former members 
of the uniformed services taking effect under section 1401a of title 10 
is payable, then the first month for which the cost-of-living 
adjustment under this section is first payable shall (notwithstanding 
the effective date provided for such adjustment in subsection (b) of 
this section or in any other law) be the earlier of the two months.
    ``(3) For purposes of this subsection, a cost-of-living adjustment 
of the retired pay of members and former members of the uniformed 
services under section 1401a of title 10 corresponds to a cost-of-
living adjustment under this section when, without regard to any 
provision of law other than subsection (b) of this section and section 
1401a(b)(1) of title 10, the cost-of-living adjustments under this 
section and under section 1401a of title 10 would take effect on the 
same date.''.
    (2) Section 8462 of title 5, United States Code, is amended--
            (A) in subsection (b)(1), by striking out ``Except as 
        provided in subsection (c)'' and inserting in lieu thereof 
        ``Except as provided in subsections (c) and (f)''; and
            (B) by adding at the end the following new subsection:
    ``(f)(1) Whenever, by law, there is a difference between the date 
on which a cost-of-living adjustment under this section is to take 
effect and the date on which a corresponding cost-of-living adjustment 
of the retired pay of members and former members of the uniformed 
services under section 1401a of title 10 is to take effect, then, 
notwithstanding subsection (b)(1) and any other provision of law, the 
date on which the cost-of-living adjustment under this section takes 
effect shall be the earlier of the two dates.
    ``(2) Whenever, by law, there is a difference between the first 
month for which a cost-of-living adjustment taking effect under this 
section is payable and the first month for which a corresponding cost-
of-living adjustment of the retired pay of members and former members 
of the uniformed services taking effect under section 1401a of title 10 
is payable, then the first month for which the cost-of-living 
adjustment under this section is first payable shall (notwithstanding 
the effective date provided for such adjustment in subsection (b)(1) of 
this section or in any other law) be the earlier of the two months.
    ``(3) For purposes of this subsection, a cost-of-living adjustment 
of the retired pay of members and former members of the uniformed 
services under section 1401a of title 10 corresponds to a cost-of-
living adjustment under this section when, without regard to any 
provision of law other than subsection (b)(1) of this section and 
section 1401a(b)(1) of title 10, the cost-of-living adjustments under 
this section and under section 1401a of title 10 would take effect on 
the same date.''.
    (b) Uniformed Services Retired Pay.--Section 1401a of title 10, 
United States Code, is amended--
            (1) in subsection (b)(1), by inserting (except as provided 
        in subsection (i))'' after ``Effective on December 1 of each 
        year''; and
            (2) by adding at the end the following new subsection:
    ``(i)(1) Whenever, by law, there is a difference between the date 
on which a cost-of-living adjustment under this section is to take 
effect and the date on which a corresponding cost-of-living adjustment 
of annuities of retired employees of the United States under section 
8340 or 8462 of title 5 is to take effect, then, notwithstanding 
subsection (b) and any other provision of law, the date on which the 
cost-of-living adjustment under this section takes effect shall be the 
earlier (or earliest) such date.
    ``(2) Whenever, by law, there is a difference between the first 
month for which a cost-of-living adjustment taking effect under this 
section is payable and the first month for which a corresponding cost-
of-living adjustment of annuities of retired employees of the United 
States taking effect under section 8340 or 8462 of title 5 is payable, 
then the first month for which the cost-of-living adjustment under this 
section is first payable shall (notwithstanding the effective date 
provided for such adjustment in subsection (b)(1) of this section or in 
any other law) be the earlier (or earliest) such month.
    ``(3) For purposes of this subsection, a cost-of-living adjustment 
of annuities of retired employees of the United States under section 
8340 or 8462 of title 5 corresponds to a cost-of-living adjustment 
under this section when, without regard to any provision of law other 
than subsection (b)(1) of this section and sections 8340(b) and 
8462(b)(1) of title 5, the cost-of-living adjustments under this 
section and under sections 8340 and 8462 of title 5 would take effect 
on the same date.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 1998.

Subtitle E--Defense Conversion, Reinvestment, and Transition Assistance 
                                Matters

SEC. 641. ELIGIBILITY OF MEMBERS RETIRED UNDER TEMPORARY SPECIAL 
              RETIREMENT AUTHORITY FOR SERVICEMEN'S GROUP LIFE 
              INSURANCE.

    (a) Eligibility.--Section 1965(5) of title 38, United States Code, 
is amended--
            (1) by striking out ``and'' at the end of subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph (D):
                    ``(D) a person transferred to the Retired Reserve 
                of a uniformed service under the temporary special 
                retirement authority provided in section 1331a of title 
                10 who has not received the first increment of 
                retirement pay or has not reached sixty-one years of 
                age; and''.
    (b) Insurance Coverage.--Section 1967(a) of such title is amended--
            (1) by striking out ``and'' at the end of paragraph (2);
            (2) by adding ``and'' at the end of paragraph (3);
            (3) by inserting after paragraph (3) the following:
            ``(4) any member assigned to the Retired Reserve of a 
        uniform service who meets the qualifications set forth in 
        section 1965(5)(D) of this title;''; and
            (4) in the second sentence, by inserting after ``section 
        1965(5)(C) of this title,'' the following: ``or the first day a 
        member of the Reserves meets the qualifications of section 
        1965(5)(D) of this title,''.
    (c) Duration of Coverage.--Section 1968(a) of such title is 
amended--
            (1) in the matter above paragraph (1), by striking out 
        ``section 1965(5)(B) or (C)'' and inserting in lieu thereof 
        ``subparagraphs (B), (C), or (D) of section 1965(5)'';
            (2) in paragraph (4)--
                    (A) by striking out ``or'' at the end of 
                subparagraph (A);
                    (B) by striking out the period at the end of 
                subparagraph (B) and inserting in lieu thereof ``; 
                or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) unless on the date of such separation or 
                release the member is transferred to the Retired 
                Reserve of a uniformed service under the temporary 
                special retirement authority provided in section 1331a 
                of title 10, in which event the insurance, unless 
                converted to an individual policy under terms and 
                conditions set forth in section 1977(e) of this title, 
                shall, upon timely payment of premiums under terms 
                prescribed by the Secretary directly to the 
                administrative office established under section 1966(b) 
                of this title, continue in force until receipt of the 
                first increment of retirement pay by the member or the 
                member's sixty-first birthday, whichever occurs 
                earlier.''; and
            (3) by adding at the end the following:
            ``(6) with respect to a member of the Retired Reserve who 
        meets the qualifications of section 1965(5)(D) of this title, 
        at such time as the member receives the first increment of 
        retirement pay, or the member's sixty-first birthday, whichever 
        occurs earlier, subject to the timely payment of the initial 
        and subsequent premiums, under terms prescribed by the 
        Secretary, directly to the administrative office established 
        under section 1966(b) of this title.''.
    (d) Deductions.--Section 1969 of such title is amended--
            (1) in subsection (a)(2)--
                    (A) by striking out ``or is assigned'' and 
                inserting in lieu thereof ``is assigned''; and
                    (B) by inserting after ``section 1965(5)(C) of this 
                title,'' the following: ``or is assigned to the Retired 
                Reserve and meets the qualifications of section 
                1965(5)(D) of this title,''; and
            (2) in subsection (e), by striking out ``section 
        1965(5)(C)'' in the first sentence and inserting in lieu 
        thereof ``subparagraph (C) or (D) of section 1965(5)''.

SEC. 642. ANNUAL PAYMENTS FOR MEMBERS RETIRED UNDER GUARD AND RESERVE 
              TRANSITION INITIATIVE.

    (a) Annual Payment for One to Five Years.--Subsection (d) of 
section 4416 of the Defense Conversion, Reinvestment, and Transition 
Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 
1162 note) is amended--
            (1) by striking out ``for 5 years'' and inserting in lieu 
        thereof ``for a period of years prescribed by the Secretary 
        concerned'';
            (2) by striking out ``5-year''; and
            (3) by adding at the end the following: ``A period 
        prescribed for purposes of this subsection may not be less than 
        one year nor more than five years.''.
    (b) Computation of Annual Payment.--Subsection (e) of such section 
is amended by adding at the end the following:
    ``(3) In the case of a member who will attain 60 years of age 
within one year after the date on which an annual payment would 
otherwise be made to the member under this section, the amount of the 
payment made on that date shall be computed under this paragraph 
instead of paragraph (1). The amount of such payment shall be equal to 
\1/12\ of the product of--
            ``(A) the amount computed for the member under paragraph 
        (1); and
            ``(B) the number equal to \1/30\ of the total number of 
        days in the period beginning on such date and ending on the day 
        before the date of the member's 60th birthday.''.
    (c) Coordination With Retired Pay.--Such section is further amended 
by adding at the end the following:
    ``(i) Coordination With Retired Pay.--Fifty percent of the monthly 
amount of retired pay payable under chapter 67 of this title to a 
member who receives one or more annual payments under this section 
shall be deducted and withheld from such monthly amount of retired pay. 
The deductions shall be terminated when the total amount so deducted 
and withheld equals the total amount paid to the member under this 
section. The amount deducted and withheld from the last monthly payment 
of retired pay before termination of deductions may be less than 50 
percent of the monthly amount.''.

SEC. 643. INCREASED ELIGIBILITY AND APPLICATION PERIODS FOR TROOPS-TO-
              TEACHERS PROGRAM.

    (a) Period of Eligibility.--Subsection (c) of section 1151 of title 
10, United States Code, is amended--
            (1) in paragraph (1)(A), by striking out ``seven-year 
        period beginning on October 1, 1992,'' and inserting in lieu 
        thereof ``nine-year period beginning on October 1, 1990,''; and
            (2) by striking out paragraph (4).
    (b) Application Period.--Subsection (e)(1) of such section is 
amended by striking out ``submitted'' in the first sentence and all 
that follows through the end of the second sentence and inserting in 
lieu thereof ``timely submitted to the Secretary of Defense. An 
application is timely submitted if the application is submitted not 
later than the latest date applicable to the applicant under this 
paragraph. An application shall be submitted not later than one year 
after the date of the discharge or release of the applicant from active 
duty. In the case of an applicant discharged or released from active 
duty before January 19, 1994, an application shall be submitted not 
later than one year after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1995. In the case of an 
applicant becoming educationally qualified for teacher placement 
assistance in accordance with subsection (c)(2), an application shall 
be submitted not later than one year after the date on which the 
applicant becomes educationally qualified.''.

SEC. 644. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN EMPLOYMENT WITH LAW 
              ENFORCEMENT AGENCIES.

    (a) Revised Program Authority.--Section 1152 of title 10, United 
States Code, is amended to read as follows:
``Sec. 1152. Assistance to eligible members and former members to 
              obtain employment with law enforcement agencies
    ``(a) Placement Program.--The Secretary of Defense may enter into 
an agreement with the Attorney General to establish or participate in a 
program to assist eligible members and former members of the armed 
forces to obtain employment as law enforcement officers with State law 
enforcement agencies, local law enforcement agencies, or Indian tribes 
that perform law enforcement functions (as determined by the Secretary 
of the Interior) following the discharge or release of such members or 
former members from active duty.
    ``(b) Eligible Members.--Any member or former member who, during 
the 6-year period beginning on October 1, 1993, is separated from the 
armed forces with an honorable discharge or is released from service on 
active duty characterized as honorable by the Secretary concerned shall 
be eligible to participate in a program covered by an agreement 
referred to in subsection (a).
    ``(c) Selection.--In the selection of applicants for participation 
in a program covered by an agreement referred to in subsection (a), 
preference shall be given to a member or former member who--
            ``(1) is selected for involuntary separation, is approved 
        for separation under section 1174a or 1175 of this title, or 
        retires pursuant to the authority provided in section 4403 of 
        Public Law 102-484 (10 U.S.C. 1293 note); and
            ``(2) has a military occupational specialty, training, or 
        experience related to law enforcement (such as service as a 
        member of the military police) or satisfies such other criteria 
        for selection as, in accordance with the agreement, the 
        Secretary, the Attorney General, or a participating State or 
        local law enforcement agency or participating Indian tribe may 
        prescribe.
    ``(d) Grants To Facilitate Employment.--(1) The Secretary may 
provide funds to the Attorney General for grants under this section to 
reimburse State law enforcement agencies, local law enforcement 
agencies, or Indian tribes that perform law enforcement functions (as 
determined by the Secretary of the Interior) for costs, including 
salary and fringe benefits, of employing members or former members 
pursuant to a program referred to in subsection (a).
    ``(2) No grant with respect to an eligible member or former member 
may exceed a total of $50,000.
    ``(3) Any grant with respect to an eligible member or former member 
shall be disbursed within 5 years after the date of the placement of a 
member or former member with a participating law enforcement agency or 
Indian tribe.
    ``(4) Preference in awarding grants through existing law 
enforcement hiring programs shall be given to State or local law 
enforcement agencies or Indian tribes that agree to hire eligible 
members and former members.
    ``(e) Administrative Expenses.--Ten percent of the amount, if any, 
appropriated for a fiscal year to carry out a program established 
pursuant to subsection (a) may be used to administer the program.
    ``(f) Requirement for Appropriation.--No member or former member 
may be selected to participate in the program established by this 
section unless a sufficient amount of appropriated funds are available 
at the time of the selection to satisfy the obligations to be incurred 
by the United States under an agreement referred to in subsection (a) 
that applies with respect to such member or former member.''.
    (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of chapter 58 of title 10, United 
States Code, is amended to read as follows:

``1152. Assistance to eligible members and former members to obtain 
                            employment with law enforcement 
                            agencies.''.

SEC. 645. TREATMENT OF RETIRED AND RETAINER PAY OF MEMBERS OF CADRE OF 
              CIVILIAN COMMUNITY CORPS.

    Section 159(c)(3) of the National and Community Service Act of 1990 
(42 U.S.C. 12619(c)(3)) is amended by adding at the end the following: 
``In the case of a member of the permanent cadre who was recommended 
for appointment in accordance with section 162(a)(2)(A) and is entitled 
to retired or retainer pay, section 5532 of title 5, United States 
Code, shall not apply to reduce the member's retired or retainer pay by 
reason of the member being paid as a member of the cadre.''.

                       Subtitle F--Other Matters

SEC. 651. DISABILITY COVERAGE FOR OFFICER CANDIDATES GRANTED EXCESS 
              LEAVE.

    (a) Eligibility for Retirement.--Section 1201 of title 10, United 
States Code, is amended--
            (1) by inserting ``(a) Members on Active Duty Entitled to 
        Pay.--'' before ``Upon a determination''; and
            (2) by adding at the end the following new subsection:
    ``(b) Members on Excess Leave.--(1) Upon a determination by the 
Secretary concerned that a member referred to in paragraph (2) is unfit 
to perform the duties of the member's office, grade, rank, or rating 
because of a physical disability incurred during a period described in 
such paragraph, the Secretary may retire the member, with retired pay 
computed under section 1401 of this title, if the Secretary also makes 
the determinations described in paragraphs (1), (2), and (3) of 
subsection (a) with regard to such member.
    ``(2) Paragraph (1) applies to a member of the armed forces who, 
during a period of authorized absence--
            ``(A) is participating in a program leading to appointment, 
        designation, or assignment in the armed forces in an officer 
        category; and
            ``(B) is not entitled to basic pay by reason of the 
        application of section 502(b) of title 37 to such absence.''.
    (b) Eligibility for Placement on Temporary Disability Retired 
List.--Section 1202 of such title is amended--
            (1) by striking out ``or any other members'' and inserting 
        in lieu thereof ``any other members''; and
            (2) by inserting after ``more than 30 days,'' the 
        following: ``or any member referred to in section 1201(b)(2) of 
        this title''.
    (c) Eligibility for Separation.--Section 1203 of such title is 
amended--
            (1) by inserting ``(a) Members on Active Duty Entitled to 
        Pay.--'' before ``Upon a determination'';
            (2) by striking out the second sentence (relating to 
        transfer to inactive status); and
            (3) by adding at the end the following new subsections:
    ``(b) Members on Excess Leave.--Upon a determination by the 
Secretary concerned that a member referred to in paragraph (2) of 
section 1201(b) of this title is unfit to perform the duties of the 
member's office, grade, rank, or rating because of a physical 
disability incurred during a period described in such paragraph, the 
Secretary may separate the member, with severance pay computed under 
section 1212 of this title, if the Secretary also makes the 
determinations described in paragraphs (1), (2), (3), and (4) of 
subsection (a) with regard to such member.
    ``(c) Transfer to Inactive Status List.--If a member authorized to 
be separated under subsection (a) or (b) is eligible for transfer to 
the inactive status list under section 1209 of this title, and so 
elects, the member shall be transferred to that list instead of being 
separated.''.
    (d) Conforming Amendments.--(1) Chapter 61 of title 10, United 
States Code, is amended--
            (A) by striking out the heading of section 1201 and 
        inserting in lieu thereof the following:
``Sec. 1201. Regulars, members on active duty for more than 30 days, 
              certain members on excess leave: retirement'';
            (B) by striking out the heading of section 1202 and 
        inserting in lieu thereof the following:
``Sec. 1202. Regulars, members on active duty for more than 30 days, 
              certain members on excess leave: temporary disability 
              retired list'';
        and
            (C) by striking out the heading of section 1203 and 
        inserting in lieu thereof the following:
``Sec. 1203. Regulars, members on active duty for more than 30 days, 
              certain members on excess leave: separation''.
    (2) The table of sections at the beginning of such chapter is 
amended by striking out the items relating to sections 1201, 1202, and 
1203 and inserting in lieu thereof the following:

``1201. Regulars, members on active duty for more than 30 days, certain 
                            members on excess leave: retirement
``1202. Regulars, members on active duty for more than 30 days, certain 
                            members on excess leave: temporary 
                            disability retired list.
``1203. Regulars, members on active duty for more than 30 days, certain 
                            members on excess leave: separation.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and apply with respect 
to physical disabilities incurred on or after such date.

SEC. 652. USE OF MORALE, WELFARE, AND RECREATION FACILITIES BY MEMBERS 
              OF RESERVE COMPONENTS AND DEPENDENTS.

    Section 1065 of title 10, United States Code, is amended to read as 
follows:
``Sec. 1065. Use of certain morale, welfare, and recreation facilities 
              by members of reserve components and dependents
    ``(a) Members of the Selected Reserve.--Members of the Selected 
Reserve in good standing (as determined by the Secretary concerned) 
shall be permitted to use MWR retail facilities on the same basis as 
members on active duty.
    ``(b) Retirees Under Age 60.--Members of the reserve components who 
would be eligible for retired pay under chapter 67 of this title but 
for the fact that the member is under 60 years of age shall be 
permitted to use MWR retail facilities on the same basis as retired 
members and retired former members of the Regular Army, Regular Navy, 
Regular Air Force, and Regular Marine Corps.
    ``(c) Members of Ready Reserve Not in Selected Reserve.--Subject to 
such regulations as the Secretary of Defense may prescribe, members of 
the Ready Reserve (other than members of the Selected Reserve) may be 
permitted to use MWR retail facilities on the same basis as members 
serving on active duty.
    ``(d) Dependents.--(1) Dependents of members referred to in 
subsection (a) shall be permitted to use MWR retail facilities on the 
same basis as dependents of members on active duty.
    ``(2) Dependents of members referred to in subsection (b) shall be 
permitted to use MWR retail facilities on the same basis as dependents 
of retired members and retired former members of the Regular Army, 
Regular Navy, Regular Air Force, and Regular Marine Corps.
    ``(e) MWR Retail Facility Defined.--In this section, the term `MWR 
retail facilities' means exchange stores and other revenue generating 
facilities operated by nonappropriated fund activities of the 
Department of Defense for the morale, welfare, and recreation of 
members of the armed forces.''.

SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR DEPARTMENT OF DEFENSE 
              PERSONNEL OUTSIDE THE UNITED STATES.

    (a) In General.--Chapter 53 of Title 10, United States Code, is 
amended by adding at the end the following new section:
``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 Agriculture 
shall make available to the Secretary of Defense 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 criterion published by the Secretary of 
Agriculture under section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786).
    ``(B) The Secretary of Defense shall prescribe regulations 
governing computation of income eligibility standards for families of 
individuals participating in the program under this section.
    ``(2) The program benefits provided under the program shall be 
similar to benefits provided by State and local agencies in the United 
States.
    ``(d) Departure From Standards.--The Secretary of Defense may 
authorize departures 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) Regulations.--The Secretary of Defense shall prescribe 
regulations to administer the program authorized by this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `eligible civilian' means--
                    ``(A) a dependent of a member of the armed forces 
                residing with the member outside the United States;
                    ``(B) an employee of a military department who is a 
                national of the United States and is residing outside 
                the United States in connection with such individual's 
                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 subparagraph (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. 654. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD EFFECTS CAUSED 
              BY HOSTILE ACTION.

    (a) Authority To Reimburse.--Chapter 163 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2738. Reimbursement for certain losses of household effects 
              caused by hostile action
    ``(a) Authority To Reimburse.--The Secretary concerned or, subject 
to appeal to the Secretary, the Judge Advocate General of an armed 
force under the Secretary's jurisdiction, or the Chief Counsel of the 
Coast Guard, as appropriate, if designated by the Secretary, may 
reimburse a member of the armed forces in an amount not more than 
$100,000 for a loss described in subsection (b).
    ``(b) Covered Losses.--This section applies with respect to a loss 
of household effects sustained during a move made incident to a change 
of permanent station when, as determined by the 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) Applicability of Other Authorities and Requirements.--
Subsections (b), (d), (e), (f), and (g) of section 2733 of this title 
shall apply to a request for a reimbursement under this section as if 
the request were a claim against the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``2738. Reimbursement for certain losses of household effects caused by 
                            hostile action.''.
    (c) Effective Date.--(1) Section 2738 of title 10, United States 
Code, as added by subsection (a), applies with respect to losses 
incurred after June 30, 1990.
    (2) In the case of a loss incurred after June 30, 1990, and before 
the date of the enactment of this Act, a request for reimbursement 
shall be filed with the Secretary of the military department concerned 
not later than two years after such date of enactment.

SEC. 655. PAYMENT FOR TRANSIENT HOUSING FOR RESERVES PERFORMING CERTAIN 
              TRAINING DUTY.

    Section 404 of title 37, United States Code, is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection (j):
    ``(j)(1) In the case of a member of a reserve component performing 
annual training duty or inactive-duty training who is not otherwise 
entitled to travel and transportation allowances in connection with 
such duty under subsection (a) of this section, the Secretary concerned 
may reimburse the member for housing service charge expenses incurred 
by the member in occupying transient government housing during the 
performance of such duty.
    ``(2) Any payment or other benefit under this section shall be 
provided in accordance with regulations prescribed by the Secretaries 
concerned.
    ``(3) The Secretary may pay service charge expenses under paragraph 
(1) out of funds appropriated for operation and maintenance for the 
reserve component concerned.''.

SEC. 656. STUDY OF OFFSET OF DISABILITY COMPENSATION BY RECEIPT OF 
              SEPARATION BENEFITS AND INCENTIVES.

    (a) Study.--(1) The Comptroller General shall carry out a study of 
the offset of the amount of disability compensation from the Department 
of Veterans Affairs that is received by an individual separated from 
the Armed Forces by the amount of any of the following benefits:
            (A) Separation pay under section 1174 of title 10, United 
        States Code.
            (B) A special separation benefit under a special separation 
        benefits program carried out under section 1174a(a) of such 
        title.
            (C) A voluntary separation incentive under section 1175 of 
        such title.
    (2) In carrying out the study, the Comptroller General shall--
            (A) determine the purposes for the availability of the 
        benefits referred to paragraph (1);
            (B) determine the justifications for the offset referred to 
        in that paragraph;
            (C) assess the effect of the offset by--
                    (i) determining the number of members of the Armed 
                Forces who will separate from the Armed Forces during 
                the period beginning on the date of the enactment of 
                this Act and ending on September 30, 1999;
                    (ii) determining the number of such members who 
                will be provided a benefit referred to in that 
                paragraph, and the average amount of the benefit to be 
                provided;
                    (iii) determining the number of such members who 
                will be entitled to disability compensation from the 
                Department of Veterans Affairs, and the average monthly 
                amount of the compensation to which the members will be 
                entitled; and
                    (iv) evaluating the extent, if any, to which the 
                offset affects the capacity of members who are 
                separated from the Armed Forces to meet financial 
                obligations (including obligations relating to housing 
                and medical care) of such members that arise as a 
                result of the service of the members in the Armed 
                Forces or the separation of such members from that 
                service;
            (D) determine the extent, if any, to which the offset of 
        disability compensation by the amount of a benefit referred to 
        in subparagraph (B) or (C) of paragraph (1) reduces the 
        effectiveness of the benefits in meeting the purposes 
        determined under subparagraph (A) of this paragraph; and
            (E) determine the cost of the repeal of the offset.
    (b) Report.--(1) The Comptroller General shall submit to the 
Committees on Armed Services and the Committees on Veterans' Affairs of 
the Senate and the House of Representatives a report on the results of 
the study required under subsection (a). The report shall include the 
recommendations of the Comptroller General on improvements to the 
provision of the benefits referred to in subsection (a)(1).
    (2) The Comptroller General shall submit the report not later than 
180 days after the date of the enactment of this Act.

                   TITLE VII--HEALTH CARE PROVISIONS

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

    (a) Eligibility for Health Benefits.--Section 1072 of title 10, 
United States Code, is amended--
            (1) in paragraph (2)(D), by striking out the matter above 
        clause (i) and inserting in lieu thereof the following:
                    ``(D) a child who--''; and
            (2) by adding at the end the following new paragraph:
            ``(6) The term `child', with respect to a member or former 
        member of a uniformed service, means the following:
                    ``(A) An unmarried natural child.
                    ``(B) An unmarried adopted child.
                    ``(C) An unmarried stepchild.
                    ``(D) An unmarried person--
                            ``(i) who is placed in the home of the 
                        member or former member by a placement agency 
                        (recognized by the Secretary of Defense) in 
                        anticipation of the legal adoption of the 
                        person by the member or former member; and
                            ``(ii) who otherwise meets the requirements 
                        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 ``placement agency 
(recognized by the Secretary of Defense) in anticipation of the legal 
adoption of the child by the member''.

SEC. 702. AVAILABILITY OF DEPENDENTS' DENTAL PROGRAM OUTSIDE THE UNITED 
              STATES.

    Section 1076a of title 10, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) Care Outside the United States.--The Secretary shall exercise 
the authority provided under subsection (a) to establish basic dental 
benefits plans for providing dental benefits outside the United States 
for spouses and children of members of the uniformed services 
accompanying the members on permanent assignments to duty outside the 
United States.''.

SEC. 703. CONDITIONS UNDER WHICH MEDICAL AND DENTAL CARE OF ABUSED 
              DEPENDENTS IS AUTHORIZED.

    Section 1076(e)(1)(A) of title 10, United States Code, is amended 
to read as follows:
            ``(A) a member of a uniformed service is convicted by a 
        court-martial or a civil court for an offense involving abuse 
        of a dependent of the member, as determined in accordance with 
        regulations prescribed by the administering Secretary for such 
        uniformed service, and--
                    ``(i) in the case of a court-martial conviction, 
                the member receives a dishonorable or bad-conduct 
                discharge or is dismissed or administratively 
                discharged from a uniformed service as a result of the 
                conviction; or
                    ``(ii) in the case of a civil court conviction, the 
                member is administratively discharged from a uniformed 
                service as a result of the conviction; and''.

SEC. 704. COORDINATION OF BENEFITS WITH MEDICARE.

    Section 1086(d) of title 10, United States Code, is amended by 
striking out paragraph (3) and inserting in lieu thereof the following:
    ``(3)(A) Subject to subparagraph (B), if a person described in 
paragraph (2) receives medical or dental care for which payment may be 
made under medicare and a plan contracted for under subsection (a), the 
amount payable for that care under the plan shall be the amount equal 
to the excess of the total amount of the charges imposed by the 
provider or providers of such care over the sum of--
            ``(i) the amount paid for that care under medicare; and
            ``(ii) the total of all amounts paid or payable by third 
        party payers other than medicare.
    ``(B) The amount payable for care under a plan pursuant to 
subparagraph (A) may not exceed the total amount that would be paid 
under the plan if payment for that care were made solely under the 
plan.
    ``(C) In this paragraph:
            ``(i) The term `medicare' means title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.).
            ``(ii) The term `third party payer' has the meaning given 
        such term in section 1095(h)(1) of this title.''.

SEC. 705. AUTHORITY FOR REIMBURSEMENT OF PROFESSIONAL LICENSE FEES 
              UNDER RESOURCE SHARING AGREEMENTS.

    Section 1096 of title 10, United States Code, is amended by adding 
at the end the following:
    ``(d) Reimbursement for License Fees.--In any case in which it is 
necessary for a member of the uniformed services to pay a professional 
license fee imposed by a government in order to provide health care 
services at a facility of a civilian health care provider pursuant to 
an agreement entered into under subsection (a), the Secretary of 
Defense may reimburse the member for up to $500 of the amount of the 
license fee paid by the member.''.

SEC. 706. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.

    (a) Requirement for Program.--(1) Not later than 120 days after the 
date of enactment of this Act, the Secretary of Defense, in 
consultation with the secretaries of the military departments, shall 
develop and carry out a demonstration program to evaluate the 
feasibility and advisability of furnishing chiropractic care through 
the medical care facilities of the Armed Forces.
    (2) In carrying out the program, the Secretary of Defense shall--
            (A) subject to paragraph (3), designate not less than 10 
        major military medical treatment facilities of the Department 
        of Defense to furnish chiropractic care under the program; and
            (B) enter into agreements with such number of chiropractors 
        as the Secretary determines sufficient for the purposes of the 
        program to furnish chiropractic care at such facilities under 
        the program.
    (3) The Secretary may not designate under paragraph (2) any 
treatment facility that is located on a military installation scheduled 
for closure or realignment under a base closure law.
    (b) Program Period.--The Secretary shall carry out the 
demonstration program in fiscal years 1995 through 1997.
    (c) Reporting Requirements.--(1) Not later than January 30, 1995, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
demonstration program. The report shall--
            (A) identify the treatment facilities designated pursuant 
        to subsection (a)(2)(A); and
            (B) include a discussion of the plan for the conduct of the 
        program.
    (2) Not later than May 1, 1995, the Secretary of Defense shall 
submit to the committees referred to in paragraph (1) a plan for 
evaluating the program, including a schedule for conducting progress 
reviews and for submitting a final report to the committees.
    (3) The Secretary shall submit to the committees referred to in 
paragraph (1) a final report in accordance with the plan submitted to 
such committees pursuant to paragraph (2).
    (d) Oversight Advisory Committee.--(1)(A) Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall establish an oversight advisory committee to assist and advise 
the Secretary with regard to the development and conduct of the 
demonstration program.
    (B) The oversight advisory committee shall include the following 
members:
            (i) The Comptroller General of the United States, or a 
        designee from within the General Accounting Office.
            (ii) The Assistant Secretary of Defense for Health Affairs, 
        or a designee.
            (iii) The Surgeon General of the Army, or a designee.
            (iv) The Surgeon General of the Navy, or a designee.
            (v) The Surgeon General of the Air Force, or a designee.
            (vi) Not fewer than four independent representatives of the 
        chiropractic health care profession, appointed by the Secretary 
        of Defense.
    (2) The oversight advisory committee shall assist the Secretary of 
Defense regarding--
            (A) issues involving the professional credentials of the 
        chiropractors participating in the program;
            (B) the granting of professional practice privileges for 
        the chiropractors at the treatment facilities participating in 
        the program;
            (C) the preparation of the reports required under 
        subsection (c); and
            (D) the evaluation of the program.
    (e) Definition.--For purposes of this section, the term ``base 
closure law'' means each of the following:
            (1) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (2) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            (3) Section 2687 of title 10, United States Code.

SEC. 707. IMPLEMENTATION OF ANNUAL HEALTH CARE SURVEY REQUIREMENT.

    Section 724 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2440; 10 U.S.C. 1071 note) is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Exemption.--An annual survey under subsection (a) shall be 
treated as not a collection of information for the purposes for which 
such term is defined in section 3502(4) of title 44.''.

SEC. 708. STUDY AND REPORT ON FINANCIAL RELIEF FOR CERTAIN MEDICARE-
              ELIGIBLE MILITARY RETIREES WHO INCUR MEDICARE LATE 
              ENROLLMENT PENALTIES.

    (a) Study.--The Secretary of Defense, in consultation with the 
Secretary of Health and Human Services, shall conduct a study regarding 
possible financial relief from late enrollment penalties for military 
retirees and dependents of such retirees who reside within the service 
area of a base closure site and who have failed to timely enroll in 
medicare part B due to reliance upon the military treatment facility 
located at such site.
    (b) Report.--Not later than March 31, 1995, the Secretary of 
Defense shall report to Congress the results of the study under 
paragraph (1). Such report shall also--
            (1) identify by base closure site the number of military 
        retirees within a 65 mile catchment area who have failed to 
        enroll in medicare part B and are subjected to late enrollment 
        penalties;
            (2) determine the estimated aggregate amount of the 
        penalties by base closure site;
            (3) describe the characteristics of the population that are 
        subject to the penalties, such as age and income level;
            (4) address the appropriateness of waiving such penalties;
            (5) identify the Department of Defense funds that should be 
        used to pay the penalties if waiving such penalties is not 
        recommended;
            (6) outline a program for a special medicare part B 
        enrollment period for affected retirees living near bases 
        already closed and bases which are designated for closure in 
        the future; and
            (7) include legislative recommendations for implementing a 
        program which removes the financial burden from the medicare-
        eligible beneficiaries who have been or will be adversely 
        impacted by base-closure actions.
    (c) Definitions.--For purposes of this section:
            (1) The term ``base closure'' means a base closure under a 
        base closure law (within the meaning given such term in section 
        2825(d) of the National Defense Authorization Act for Fiscal 
        Years 1992 and 1993 (10 U.S.C. 2687 note)).
            (2) The term ``medicare part B'' means the public health 
        insurance program under part B of title XVIII of the Social 
        Security Act.
            (3) The term ``military treatment facility'' means a 
        facility of a uniformed service referred to in section 1074(a) 
        of title 10, United States Code, in which health care is 
        provided.

SEC. 709. ELIGIBILITY FOR PARTICIPATION IN DEMONSTRATION PROGRAMS FOR 
              SALE OF PHARMACEUTICALS.

    Subparagraph (B) of section 702(c)(2) of the National Defense 
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1079 note) is amended 
to read as follows:
                    ``(B) either--
                            ``(i) resides in an area that is adversely 
                        affected (as determined by the Secretary) by 
                        the closure of a health care facility of the 
                        uniformed services as a result of the closure 
                        or realignment of the military installation at 
                        which such facility is located; or
                            ``(ii) can demonstrate to the satisfaction 
                        of the Secretary that the person obtained 
                        pharmaceuticals at a health care facility 
                        referred to in clause (i) before the closure of 
                        the facility.''.

SEC. 710. COST ANALYSIS OF TIDEWATER TRICARE DELIVERY OF PEDIATRIC 
              HEALTH CARE TO MILITARY FAMILIES.

    (a) Cost Analysis Required.--Not later than July 1, 1995, the 
Assistant Secretary of Defense (Health Affairs) shall determine the 
amount of the expenditures made by the Department of Defense for 
pediatric care for each of fiscal years 1992, 1993, and 1994 under the 
program for delivery of health care services in the Tidewater region of 
Virginia carried out pursuant to section 712(b) of Public Law 102-190 
(105 Stat. 1402). The Assistant Secretary shall determine the total 
amount of such expenditures and the amount of such expenditures for 
each case.
    (b) Use of Analysis.--In establishing any managed care system 
involving the furnishing of pediatric care by the Department of Defense 
(including the furnishing of pediatric care under the Civilian Health 
and Medical Program of the Uniformed Services), the Assistant Secretary 
shall consider the amounts determined under subsection (a) in 
determining the appropriate standards, limitations, and requirements to 
apply to the cost of pediatric care under the system.

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

          Subtitle A--Use of Merit Based Selection Procedures

SEC. 801. POLICY FOR MERIT BASED AWARD OF CONTRACTS AND GRANTS.

    (a) Policy.--Section 2301 of title 10, United States Code, is 
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. It is further the 
policy of Congress that any program, project, or technology identified 
in legislation be procured through merit-based selection procedures.
    ``(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) The head of an agency may not award a contract or make a 
grant pursuant to a provision of law that authorizes or requires the 
awarding of the contract or the making of the grant, as the case may 
be, in a manner that is inconsistent with the policy set forth in 
paragraph (1) until--
            ``(A) the Secretary of Defense submits to Congress a notice 
        in writing of the intent to award such contract or to make such 
        grant; and
            ``(B) a period of 180 days elapses after the date on which 
        the notice is received by Congress.
    ``(4) 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.
    ``(4) Paragraph (3) does not apply to the Secretary of 
Transportation or the Administrator of the National Space and 
Aeronautics Administration.''.

SEC. 802. CONTINUATION OF EXPIRING REQUIREMENT FOR ANNUAL REPORT ON THE 
              USE OF COMPETITIVE PROCEDURES FOR AWARDING CERTAIN 
              CONTRACTS TO COLLEGES AND UNIVERSITIES.

    Paragraph (3) of section 2361(c) of title 10, United States Code, 
is repealed.

              Subtitle B--Acquisition Assistance Programs

SEC. 811. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

    (a) Funding.--Of the amount authorized to be appropriated under 
section 301(5), $12,000,000 shall be available for carrying out the 
provisions of chapter 142 of title 10, United States Code.
    (b) Specific Programs.--Of the amounts made available pursuant to 
subsection (a), $600,000 shall be available for fiscal year 1995 for 
the purpose of carrying out programs sponsored by eligible entities 
referred to in subparagraph (D) of section 2411(1) of title 10, United 
States Code, that provide procurement technical assistance in 
distressed areas referred to in subparagraph (B) of section 2411(2) of 
such title. If there is an insufficient number of satisfactory 
proposals for cooperative agreements in such distressed areas to allow 
effective use of the funds made available in accordance with this 
subsection in such areas, the funds shall be allocated among the 
Defense Contract Administration Services regions in accordance with 
section 2415 of such title.

SEC. 812. PILOT MENTOR-PROTEGE PROGRAM.

    Of the amounts authorized to be appropriated for fiscal year 1995 
pursuant to title I of this Act, $50,000,000 shall be available for 
conducting the pilot Mentor-Protege Program established pursuant to 
section 831 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 10 U.S.C. 2301 note).

SEC. 813. INFRASTRUCTURE ASSISTANCE FOR HISTORICALLY BLACK COLLEGES AND 
              OTHER MINORITY INSTITUTIONS OF HIGHER EDUCATION.

    Of the amounts authorized to be appropriated for fiscal year 1995 
pursuant to title II of this Act, $35,000,000 shall be available for 
such fiscal year for infrastructure assistance to historically Black 
colleges and universities and minority institutions under section 
2323(c)(3) of title 10, United States Code.

SEC. 814. 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 (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, 1998''.

SEC. 815. LIMITATION REGARDING ACQUISITION ASSISTANCE REGULATIONS 
              REQUIRED BY PUBLIC LAW 103-160 BUT NOT ISSUED.

    (a) Limitation on the Use of Funds.--None of the funds authorized 
to be appropriated by this Act that are made available for program 
element 65104D activities may be expended until the Secretary of 
Defense takes the actions required by the following provisions of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160):
            (1) Section 811(d)(1), relating to regulations that address 
        the matters described in subsections (g) and (h)(2) of section 
        2323 of title 10, United States Code.
            (2) Section 813(b)(1), relating to the Department of 
        Defense policy regarding the pilot Mentor-Protege Program.
    (b) Actions Required.--(1) With respect to the regulations referred 
to in subsection (a)(1), the Secretary shall--
            (A) publish proposed regulations within 15 days after the 
        date of the enactment of this Act in accordance with section 22 
        of the Office of Federal Procurement Policy Act (41 U.S.C. 
        418b);
            (B) provide a period of not less than 60 days for public 
        comment on the proposed regulations; and
            (C) publish the final regulations not later than 120 days 
        after the date of the enactment of this Act.
    (2) With respect to the action referred to in subsection (a)(2), 
the Secretary shall ensure that--
            (A) within 30 days after the date of the enactment of this 
        Act, the Department of Defense policy regarding the pilot 
        Mentor-Protege Program is incorporated into the Department of 
        Defense Supplement to the Federal Acquisition Regulation as an 
        appendix; and
            (B) any subsequent revision to such policy (or any 
        successor to such policy) is published and maintained in such 
        supplement as an appendix.
    (c) Program Element 65104D Activities Defined.--For purposes of 
this section, the program element 65104D activities referred to in 
subsection (a) are the activities described as program element 65104D 
in the materials submitted to Congress by the Secretary of Defense in 
support of the budget for fiscal year 1995 that was submitted to 
Congress pursuant to section 1105(a) of title 31, United States Code.

SEC. 816. TREATMENT UNDER SUBCONTRACTING PLANS OF PURCHASES FROM 
              QUALIFIED NONPROFIT AGENCIES FOR THE BLIND OR SEVERELY 
              DISABLED.

    (a) Revision and Extension of Authority.--Section 2410d of title 
10, United States Code, relating to credit under small business 
subcontracting plans for certain purchases, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by striking out ``and'' at the end of 
                        subparagraph (A);
                            (ii) by striking out the period at the end 
                        of subparagraph (B) and inserting in lieu 
                        thereof ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) a central nonprofit agency designated by the 
                Committee for Purchase from People Who Are Blind or 
                Severely Disabled under section 2(c) of such Act (41 
                U.S.C. 47(c).'';
                    (B) by striking out paragraph (3); and
                    (C) by redesignating paragraph (4) as paragraph 
                (3); and
            (2) in subsection (c), by striking out ``September 30, 
        1994'' and inserting in lieu thereof ``September 30, 1997''.
    (b) Conforming Amendment.--Section 2301(d) of such title is amended 
by striking out ``approved commodities and services (as defined in such 
section)'' and inserting in lieu thereof ``commodities and services''.

                       Subtitle C--Other Matters

SEC. 821. USE OF CERTAIN FUNDS PENDING SUBMISSION OF A NATIONAL 
              TECHNOLOGY AND INDUSTRIAL BASE PERIODIC DEFENSE 
              CAPABILITY ASSESSMENT AND A PERIODIC DEFENSE CAPABILITY 
              PLAN.

    (a) Limitation.--None of the funds authorized to be appropriated by 
this Act that are made available for program element 65104D activities 
may be expended until the Secretary of Defense submits to Congress--
            (1) a national technology and industrial base periodic 
        defense capability assessment required by section 2505 of title 
        10, United States Code; and
            (2) and a periodic defense capability plan required by 
        section 2506 of such title.
    (b) Program Element 65104D Activities Defined.--For purposes of 
this section, the program element 65104D activities referred to in 
subsection (a) are the activities described as program element 65104D 
in the materials submitted to Congress by the Secretary of Defense in 
support of the budget for fiscal year 1995 that was submitted to 
Congress pursuant to section 1105(a) of title 31, United States Code.

SEC. 822. DELEGATION OF INDUSTRIAL MOBILIZATION AUTHORITY.

    Section 2538 of title 10, United States Code, is amended--
            (1) by striking out ``through the Secretary of Defense'' 
        each place it appears in subsections (a), (c), and (d) and 
        inserting in lieu thereof ``through the head of any 
        department''; and
            (2) in subsection (c)--
                    (A) by striking out ``in the opinion of the 
                Secretary of Defense'' in the matter above paragraph 
                (1) and inserting in lieu thereof ``in the opinion of 
                the head of any department''; and
                    (B) by striking out ``Secretary'' each place it 
                appears in paragraphs (2) and (3) and inserting in lieu 
                thereof ``head of the department''.

SEC. 823. PERMANENT AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO SHARE 
              EQUITABLY THE COSTS OF CLAIMS UNDER INTERNATIONAL 
              ARMAMENTS COOPERATIVE PROGRAMS.

    Subsection (c) of section 843 of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2469; 10 U.S.C. 
2350a note) is repealed.

SEC. 824. DETERMINATIONS OF PUBLIC INTEREST UNDER THE BUY AMERICAN ACT.

    (a) Considerations.--Section 2533 of title 10, United States Code, 
is amended--
            (1) by striking out subsections (a) and (b) and inserting 
        in lieu thereof the following:
    ``(a) In determining under section 2 of title III of the Act of 
March 3, 1993 (41 U.S.C. 10a), popularly known as the `Buy American 
Act', whether application of title III of such Act is inconsistent with 
the public interest, the Secretary of Defense shall consider the 
following:
            ``(1) The bids or proposals of small business firms in the 
        United States which have offered to furnish American goods.
            ``(2) The bids or proposals of all other firms in the 
        United States which have offered to furnish American goods.
            ``(3) The United States balance of payments.
            ``(4) The cost of shipping goods which are other than 
        American goods.
            ``(5) Any duty, tariff, or surcharge which may enter into 
        the cost of using goods which are other than American goods.
            ``(6) Any need to coordinate acquisition activities of the 
        Department of Defense with obligations contained in 
        international agreements and with the acquisition activities of 
        major United States allies.
            ``(7) A need to ensure that the Department of Defense has 
        access to advanced state-of-the-art commercial technology.
            ``(8) A need to protect the national technology and 
        industrial base and to provide for a defense mobilization base.
            ``(9) A need to ensure that application of different rules 
        of origin for United States end items and foreign end items 
        does not result in an award to a firm other than a firm 
        providing a product produced in the United States.
            ``(10) Any need--
                    ``(A) to maintain the same source of supply for 
                spare and replacement parts for an end item that 
                qualifies as an American good; or
                    ``(B) to maintain the same source of supply for 
                spare and replacement parts in order not to impair 
                integration of the military and commercial industrial 
                base.
            ``(11) The national security interests of the United 
        States.''; and
            (2) by redesignating subsection (c) as subsection (b).
    (b) Conforming and Clerical Amendments.--(1) The heading of section 
2533 of such title is amended to read as follows:
``Sec. 2533. Determinations of public interest under the Buy American 
              Act''.
    (2) The item relating to such section in the table of sections at 
the beginning of subchapter V of chapter 148 of such title is amended 
to read as follows:

``2533. Determinations of public interest under the Buy American 
                            Act.''.

SEC. 825. DOCUMENTATION FOR AWARDS FOR COOPERATIVE AGREEMENTS OR OTHER 
              TRANSACTIONS UNDER THE DEFENSE TECHNOLOGY REINVESTMENT 
              PROGRAM.

    At the time of the award for a cooperative agreement or other 
transaction under a program carried out under chapter 148 of title 10, 
United States Code, the head of the agency concerned shall include in 
the file pertaining to such agreement or transaction a brief 
explanation of the manner in which the award advances and enhances a 
particular national security objective set forth in section 2501(a) of 
such title or a particular policy objective set forth in section 
2501(b) of such title.

SEC. 826. COMPTROLLER GENERAL ASSESSMENT OF EXTENT TO WHICH TECHNOLOGY 
              AND INDUSTRIAL BASE PROGRAMS ATTAIN POLICY OBJECTIVES.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress an assessment of the extent to which awards for cooperative 
agreements and other transactions under programs carried out under 
chapter 148 of title 10, United States Code, have been made 
specifically to advance and enhance a particular national security 
objective set forth in section 2501(a) of such title or to achieve a 
particular policy objective set forth in section 2501(b) of such title.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                    Subtitle A--Secretarial Matters

SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DEFENSE.

    (a) Establishment of Position.--Section 138(a) of title 10, United 
States Code, is amended by striking out ``ten'' and inserting in lieu 
thereof ``eleven''.
    (b) Executive Level IV.--Section 5315 of title 5, United States 
Code, is amended by striking out ``Assistant Secretaries of Defense 
(10).'' and inserting in lieu thereof the following:
            ``Assistant Secretaries of Defense (11).''.

SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE MILITARY 
              DEPARTMENTS.

    (a) Army.--Section 3017 of title 10, United States Code, is 
amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) The General Counsel of the Department of the Army.''.
    (b) Navy.--Section 5017 of such title is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) The General Counsel of the Department of the Navy.''.
    (c) Air Force.--Section 8017 of such title is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) The General Counsel of the Department of the Air 
        Force.''.

    Subtitle B--Commission on Roles and Missions of the Armed Forces

SEC. 911. REVIEW OF RESERVE COMPONENTS.

    Section 953(d) of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1739) is amended--
            (1) in subsection (d)--
                    (A) by striking out ``and'' at the end of paragraph 
                (7);
                    (B) by striking out the period at the end of 
                paragraph (8) and inserting in lieu thereof ``; and''; 
                and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) the role of the National Guard and the other reserve 
        components.'';
            (2) in subsection (e)(3), by inserting after ``Department 
        of Defense'' the following: ``, including the National Guard 
        and the other reserve components''; and
            (3) by adding at the end the following new subsection:
    ``(h) Recommendations Concerning Reserve Components.--The 
Commission shall address the roles, missions, and functions of the 
reserve components within the total force of the armed forces, 
particularly in light of lower budgetary resources that will be 
available to the Department of Defense in the future. The Commission 
should employ or consult private citizens with extensive experience in 
matters concerning the National Guard and other reserve components.''.

SEC. 912. SUPPORT BY FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    Section 957 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1741; 10 U.S.C. 111 note) is 
amended--
            (1) by adding at the end the following new subsection:
    ``(f) Support From Federally Funded Research and Development 
Centers.--Upon the request of the chairman of the Commission, the 
Secretary of Defense shall make available to the Commission, without 
reimbursement, the services of one or more federally funded research 
and development centers covered by sponsoring agreements of the 
Department of Defense. The cost of the services made available pursuant 
to this subsection may not exceed $20,000,000.''; and
            (2) by striking out the section heading and inserting in 
        lieu thereof the following:

``SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.''.

SEC. 913. REVISION IN COMPOSITION OF COMMISSION.

    (a) Revision.--Section 952(b) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 111 note; 107 
Stat. 1738) is amended--
            (1) in the first sentence of paragraph (1), by striking out 
        ``seven'' and inserting in lieu thereof ``eight''; and
            (2) in paragraph (2)--
                    (A) by inserting ``(A)'' before ``The Commission''; 
                and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) The additional member of the Commission appointed under this 
paragraph after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1995 shall have previous military 
experience and management experience with the reserve components.''.
    (b) Appointment.--The Secretary of Defense shall make the 
appointment required as a result of the amendments made by subsection 
(a) not later than 15 days after the date of the enactment of this Act.

                       Subtitle C--Other Matters

SEC. 921. COMPOSITION OF RESERVE FORCES POLICY BOARD.

    Section 175(a) of title 10, United States Code, is amended--
            (1) in paragraph (4), by striking out ``or Regular Marine 
        Corps'' and inserting in lieu thereof ``and an officer of the 
        Regular Marine Corps each'';
            (2) by striking out ``and'' at the end of paragraph (8);
            (3) by striking out the period at the end of paragraph (9) 
        and inserting in lieu thereof ``; and''; and
            (4) by adding at the end the following:
            ``(10) an officer of the Regular Army, Regular Navy, 
        Regular Air Force, or Regular Marine Corps serving in a 
        position on the Joint Staff who is designated by the Chairman 
        of the Joint Chiefs of Staff.''.

SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF THE HEALTH 
              SCIENCES.

    (a) Closure Prohibited.--The Uniformed Services University of the 
Health Sciences may not be closed.
    (b) Budgetary Commitment to Continuation.--It is the sense of 
Congress that the Secretary of Defense should budget for the ongoing 
operation of the Uniformed Services University of the Health Sciences 
as an institution of professional education that is vital to the 
education and training each year of significant numbers of personnel of 
the uniformed services for careers as uniformed services health care 
providers.
    (c) Evaluation of the Uniformed Services University of the Health 
Sciences.--
            (1) GAO Report.--By June 1, 1995, the Comptroller General 
        of the United States shall submit to the appropriate Committees 
        of the Congress a detailed report that--
                    (A) compares the cost of obtaining physicians from 
                the Uniformed Services University of the Health 
                Sciences with other sources of military physicians;
                    (B) assesses the retention rate needs of the 
                military for physicians in relation to the respective 
                retention rates of Uniformed Services University of the 
                Health Sciences physicians and physicians obtained from 
                other sources and the factors which contribute to 
                retention rates among military physicians obtained from 
                all sources;
                    (C) reviews the quality of the medical education 
                provided at the Uniformed Services University of the 
                Health Sciences with the quality of medical education 
                provided by other sources of military physicians;
                    (D) reviews the overall issue of the special needs 
                of military medicine and how these special needs are 
                being met by Uniformed Services University of Health 
                Sciences physicians and physicians obtained from other 
                sources;
                    (E) assesses the extent to which the Uniformed 
                Services University of the Health Sciences has 
                responded to the 1990 report of the Inspector General 
                of the Department of Defense and make recommendations 
                as to resolution of any continuing issues relating to 
                management and internal fiscal controls of the 
                Uniformed Services University of the Health Sciences, 
                including issues relating to the Henry M. Jackson 
                Foundation for the Advancement of Military Medicine 
                identified in the 1990 report; and
                    (F) makes such recommendations as the Comptroller 
                General deems appropriate.

SEC. 923. JOINT DUTY CREDIT FOR CERTAIN DUTY PERFORMED DURING MILITARY 
              OPERATIONS IN SUPPORT OF UNIFIED, COMBINED, OR UNITED 
              NATIONS MILITARY OPERATIONS.

    (a) Credit Authorized.--Section 664 of title 10, United States 
Code, is amended by adding at the end the following new subsection:
    ``(i) Special Authority.--(1) The Secretary of Defense, in 
consultation with the Chairman of the Joint Chiefs of Staff, may give 
an officer who has completed service described in paragraph (2) credit 
for having completed a full tour of duty in a joint duty assignment, or 
credit countable for determining cumulative service in joint duty 
assignments, for the purposes of any provision of this title, 
notwithstanding the length of such service or whether such service is 
within the definition of the term `joint duty assignment' prescribed 
pursuant to section 668 of this title.
    ``(2) Service referred to in paragraph (1) is service performed by 
an officer in combat or combat related military operations, under the 
operational control of the commander of a unified combatant command, 
the commander of combined forces of allied nations, or the United 
Nations, in which the officer gained significant experience in joint 
matters, as determined by the Secretary.
    ``(3) Officers for whom joint duty credit is granted pursuant to 
this subsection--
            ``(A) shall not be counted for the purposes of paragraphs 
        (7), (8), (9), (11), or (12) of section 667 of this title and 
        subsections (a)(3) and (b) of section 662 of this title; and
            ``(B) are not subject to the requirements of section 661(c) 
        of this title relating to the sequence for completion of a 
        joint professional military education school, completion of a 
        full tour of duty in a joint duty assignment, and selection for 
        a joint specialty.''.
    (b) Applicability.--Subsection (i) of section 664 of title 10, 
United States Code, as added by subsection (a), shall apply with 
respect to military operations conducted after July 1, 1992.

SEC. 924. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO REDUCTIONS 
              BY THE UNITED STATES IN THE EXPORT OF DEFENSE ARTICLES 
              AND SERVICES.

    (a) Assistance Under Defense Conversion Adjustment Program.--
Section 325 of the Job Training Partnership Act (29 U.S.C. 1662d) is 
amended--
            (1) in subsection (a)--
                    (A) by striking out ``or by closures of United 
                States military facilities'' in the first sentence 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
                    (B) by striking out ``or by closures of United 
                States military facilities'' in the second sentence 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'';
            (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 (22 U.S.C. 2751 et seq.), including defense articles and 
defense services licensed or approved for export under section 38 of 
that Act (22 U.S.C. 2778).''.
    (b) Assistance Under Defense Diversification Program.--Section 325A 
of the Job Training Partnership Act (29 U.S.C. 1662d-1) 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 (22 U.S.C. 2751 et seq.), including 
        defense articles and defense services licensed or approved for 
        export under section 38 of that Act (22 U.S.C. 2778).''.

              Subtitle D--Professional Military Education

SEC. 931. AUTHORITY FOR MARINE CORPS UNIVERSITY TO AWARD THE DEGREE OF 
              MASTER OF MILITARY STUDIES.

    (a) Authority To Award.--(1) Chapter 609 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 7102. Marine Corps University: master of military studies
    ``(a) Authority.--Upon the recommendation of the Director and 
faculty of the Marine Corps Command and Staff College, the President of 
the Marine Corps University may confer the degree of master of military 
studies upon graduates of the college who fulfill the requirements for 
the degree.
    ``(b) Regulations.--The authority provided by subsection (a) shall 
be exercised under regulations prescribed by the Secretary of the 
Navy.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``7102. Marine Corps University: master of military studies.''.
    (b) Effective Date.--The authority provided by section 7102(a) of 
title 10, United States Code, as added by subsection (a), shall become 
effective on the date on which the Secretary of Education determines 
that the requirements established by the Command and Staff College of 
the Marine Corps University for the degree of master of military 
studies are in accordance with generally applicable requirements for a 
degree of master of arts.

SEC. 932. BOARD OF ADVISORS OF MARINE CORPS UNIVERSITY.

    (a) Board.--(1) Chapter 609 of title 10, United States Code, as 
amended by section 931, is further amended by adding at the end the 
following new section:
``Sec. 7103. Marine Corps University: Board of Advisors
    ``(a) In General.--A Board of Advisors to the President of the 
Marine Corps University is constituted annually of--
            ``(1) the chairman of the Committee on Armed Services of 
        the Senate, or the designee of the chairman; and
            ``(2) six persons designated by the Secretary of the Navy.
    ``(b) Terms.--(1) The persons designated by the Secretary of the 
Navy shall serve for 3 years each except that any member whose term of 
office has expired shall continue to serve until the successor to the 
member is designated.
    ``(2) Members may be reappointed for one or more successive terms.
    ``(3) If a member of the Board dies or resigns, the official who 
designated that member shall designate a successor to serve for the 
unexpired portion of the term of the member.
    ``(c) Visits.--The Board shall visit the Marine Corps University 
semiannually upon the call of the President of the Marine Corps 
University. With the approval of the President of the University, the 
Board, or any of its members, may make other visits to the University 
in connection with the duties of the Board or to consult with the 
President of the University.''.
    (2) The table of sections at the beginning of such chapter, as 
amended by section 931, is further amended by adding at the end the 
following new item:

``7103. Marine Corps University: Board of Advisors.''.
    (b) Initial Designations of Members.--Of the members of the Board 
of Advisors of the Marine Corps University initially designated under 
section 7103(a)(2) of title 10, United States Code, as added by 
subsection (a)--
            (1) two shall be designated for a term of 3 years;
            (2) two shall be designated for a term of 2 years; and
            (3) two shall be designated for a term of 1 year.

SEC. 933. AUTHORITY FOR AIR UNIVERSITY TO AWARD THE DEGREE OF MASTER OF 
              AIRPOWER ART AND SCIENCE.

    (a) Authority To Award.--(1) Chapter 901 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 9317. Air University: master of airpower art and science
    ``(a) Authority.--Upon the recommendation of the faculty of the 
School of Advanced Airpower Studies of the Air University, the 
Commander of the university may confer the degree of master of airpower 
art and science upon graduates of the school who fulfill the 
requirements for the degree.
    ``(b) Regulations.--The authority provided by subsection (a) shall 
be exercised under regulations prescribed by the Secretary of the Air 
Force.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``9317. Air University: master of airpower art and science.''.
    (b) Effective Date.--The authority provided by section 9317(a) of 
title 10, United States Code, as added by subsection (a), shall become 
effective on the date on which the Secretary of Education determines 
that the requirements established by the School of Advanced Airpower 
Studies of the Air University for the degree of master of airpower art 
and science are in accordance with generally applicable requirements 
for a degree of master of arts or a degree of master of science.

                      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. EMERGENCY SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR 
              FISCAL YEAR 1994.

    There is authorized to be appropriated as emergency supplemental 
appropriations for fiscal year 1994 for the incremental costs arising 
from ongoing United States operations in Somalia, Bosnia, Southwest 
Asia, and Haiti, $1,198,300,000 as follows:
            (1) For Military Personnel:
                    (A) For the Army, $6,600,000.
                    (B) For the Navy, $19,400,000.
                    (C) For the Air Force, $18,400,000.
            (2) For Operation and Maintenance:
                    (A) For the Army, $420,100,000.
                    (B) For the Navy, $104,800,000.
                    (C) For the Air Force, $560,100,000.
                    (D) For Defense-wide activities, $21,600,000.
            (3) For Procurement:
                    (A) For Aircraft Procurement, Army, $20,300,000.
                    (B) For Other Procurement, Army, $200,000.
                    (C) For Other Procurement, Air Force, $26,800,000.

SEC. 1003. 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'' in the second sentence and inserting 
in lieu thereof ``not later than 60 days after the date on which''.

SEC. 1004. SUBMISSION OF FUTURE-YEARS DEFENSE PROGRAM IN ACCORDANCE 
              WITH LAW.

    If, as of the end of the 90-day period beginning on the date on 
which the President's budget for fiscal year 1996 is submitted to 
Congress, the Secretary of Defense has not submitted to Congress the 
fiscal year 1996 future-years defense program and, after consultation 
with the Inspector General of the Department of Defense, a 
certification that such program satisfies the requirements of section 
221(b) of title 10, United States Code, then during the 30-day period 
beginning on the last day of such 90-day period the Secretary may not 
obligate more than 10 percent of the fiscal year 1995 advance 
procurement funds that are available for obligation as of the end of 
that 90-day period. If, as of the end of such 30-day period, the 
Secretary of Defense has not submitted to Congress the fiscal year 1996 
future-years defense program together with such a certification, then 
the Secretary may not make any further obligation of fiscal year 1995 
advance procurement funds until such program and certification are 
submitted to Congress. If the Secretary submits to Congress the fiscal 
year 1996 future-years defense program, together with such a 
certification, during the 30-day period described in the first 
sentence, the limitation on obligation of advance procurement funds 
prescribed in that sentence shall cease to apply effective as of the 
date of the submission of such program and certification.

        Subtitle B--Matters Relating to Allies and Other Nations

SEC. 1011. REPEAL OF LIMITATION ON OVERSEAS MILITARY END STRENGTH.

    Section 1302 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2545; 10 U.S.C. 113 note) is 
repealed.

SEC. 1012. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL IN EUROPE.

    (a) End Strength.--Paragraph (1) of section 1002(c) of the National 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note) is amended to 
read as follows:
    ``(1) The end strength level of members of the Armed Forces of the 
United States assigned to permanent duty ashore in European member 
nations of NATO may not exceed a permanent ceiling of approximately 
100,000 in any fiscal year.
    ``(2) Notwithstanding paragraph (1), 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 may exceed 100,000 in a 
fiscal year if, before September 1 of that fiscal year, the President 
certifies to Congress that it is essential for the end strength level 
to exceed 100,000 in that fiscal year in order to attain national 
security objectives of the United States in Europe and that the number 
of personnel in excess of 100,000 does not exceed the number of 
additional personnel necessary to attain such objectives. In no event 
may the end strength level exceed 113,000 in any fiscal year.''.
    (b) Conforming Amendment.--Section 1303 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2546) is repealed.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 1995.

SEC. 1013. EXTENSION AND REVISION OF AUTHORITIES RELATING TO 
              COOPERATIVE THREAT REDUCTION.

    (a) Funding for Fiscal Year 1995.--Funds authorized to be 
appropriated under section 301(19) shall be available for cooperative 
threat reduction with states of the former Soviet Union under the 
Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-
160; 22 U.S.C. 5951 et seq.).
    (b) Semi-Annual Reports.--Section 1207 of such Act (22 U.S.C. 5956) 
is amended by striking out ``and not later than October 30, 1994,'' and 
inserting in lieu thereof ``October 30, 1994, April 30, 1995, and 
October 30, 1995,''.

SEC. 1014. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND ISRAEL.

    (a) Findings.--Congress makes the following findings:
            (1) The President has made a commitment to maintaining the 
        qualitative superiority of the Israeli Defense Force over any 
        potential combination of potential adversaries.
            (2) Despite the peace process in which Israel is engaged, 
        Israel continues to face difficult threats to its national 
        security.
            (3) The threats are compounded by the proliferation of 
        weapons of mass destruction and ballistic missiles.
            (4) Congress recognizes the many benefits to the United 
        States resulting from the strategic relationship that exists 
        between the United States and Israel.
            (5) Congress is supportive of the objective of the 
        President to enhance United States-Israel military and 
        technical cooperation, particularly in the areas of missile 
        defense and counter-proliferation.
            (6) Congress is supportive of the establishment of the 
        United States-Israel Science and Technology Commission in 1993.
            (7) Maintaining the qualitative superiority of the Israeli 
        Defense Force and strengthening the defense ties and science 
        and technology cooperation between the United States and Israel 
        will help ensure that Israel has the military strength and 
        political support necessary to take risks for peace while 
        providing Arab states with an incentive to pursue negotiations 
        instead of war.
            (8) Israel continues to cooperate with the United States on 
        numerous theater missile defense programs, including the Arrow 
        Tactical Anti-Missile program and the boost phase intercept 
        technology program.
            (9) It is in the national interests of the United States 
        and Israel to strengthen existing mechanisms for cooperation 
        and to eliminate unnecessary barriers to further collaboration 
        between the United States and Israel.
    (b) Sense of Congress.--It is the sense of Congress that Congress--
            (1) encourages the President to ensure that any 
        conventional defense system or technology offered for release 
        to any NATO or other major non-NATO ally should concurrently be 
        available for purchase by Israel unless such action would 
        contravene United States national interests; and
            (2) urges the President to make available to Israel, within 
        existing technology transfer laws, regulations, and policies, 
        advanced United States technology necessary for continued 
        progress in cooperative United States-Israel research and 
        development of theater missile defenses.

SEC. 1015. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

    (a) Activities Authorized.--(1) Chapter 6 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 166b. Military-to-military contacts and comparable activities
    ``(a) Authority.--The Secretary of Defense may conduct military-to-
military contacts and comparable activities that are designed to 
encourage a democratic orientation of defense establishments and 
military forces of other countries.
    ``(b) Administration.--The Secretary may provide funds appropriated 
for carrying out subsection (a) to the following officials for use as 
provided in subsection (c):
            ``(1) The commander of a combatant command, upon the 
        request of the commander.
            ``(2) An officer designated by the Chairman of the Joint 
        Chiefs of Staff, with respect to an area or areas not under the 
        area of responsibility of a commander of a combatant command.
            ``(3) The head of any Department of Defense component.
    ``(c) Authorized Activities.--An official provided funds under 
subsection (b) may use such funds for the following activities and 
expenses:
            ``(1) The activities of traveling contact teams, including 
        any transportation expenses, translation services expenses, and 
        administrative expenses that are related to such activities.
            ``(2) The activities of military liaison teams.
            ``(3) Exchanges of--
                    ``(A) civilian or military personnel between the 
                Department of Defense and defense ministries of foreign 
                governments; and
                    ``(B) military personnel between units of the armed 
                forces and units of foreign armed forces.
            ``(4) Seminars and conferences held primarily in a theater 
        of operations.
            ``(5) Distribution of publications primarily in a theater 
        of operations.
            ``(6) Personnel expenses for Department of Defense civilian 
        and military personnel to the extent that such expenses relate 
        to participation in activities described in paragraphs (3), 
        (4), and (5).
            ``(7) Reimbursement of military personnel appropriations 
        accounts for the pay and allowances paid to National Guard 
        personnel and other reserve components personnel for service 
        while engaged in activities referred to in other paragraphs of 
        this subsection.
    ``(d) Relationship to Other Funding.--Any amount provided during 
any fiscal year to an official under subsection (b) for activities or 
expenses referred to in subsection (c) shall be in addition to amounts 
otherwise available for such activities and expenses for that fiscal 
year.
    ``(e) Limitations.--(1) Funds may not be provided under this 
section for a fiscal year for any activity for which--
            ``(A) funding was proposed in the budget submitted to 
        Congress for such fiscal year pursuant to section 1105(a) of 
        title 31; and
            ``(B) Congress did not authorize appropriations.
    ``(2) An activity may not be conducted under this section with a 
foreign country unless the Secretary of State approves the conduct of 
such activity in that foreign country.
    ``(3) Funds may not be provided under this section for a fiscal 
year for any country which was not eligible in that fiscal year for 
assistance under chapter 5 of part II of the Foreign Assistance Act of 
1961.
    ``(4) Funds may not be used under this section for the provision of 
military education or training, defense articles, or defense services 
to any country.
    ``(f) Military-to-Military Contacts Defined.--In this section, the 
term `military-to-military contacts' means contacts between members of 
the armed forces and members of foreign armed forces through activities 
described in subsection (c).''.
    (2) The table of sections at the beginning of chapter 6 of such 
title is amended by adding at the end the following new item:

``166b. Military-to-military contacts and comparable activities.''.
    (b) Funding.--Of the amount authorized to be appropriated under 
section 301(5) for operation and maintenance for Defense-wide 
activities, $46,300,000 shall be available to the Secretary of Defense 
for the purposes of carrying out activities under section 166b of title 
10, United States Code, as added by subsection (a).

SEC. 1016. FOREIGN DISASTER RELIEF.

    (a) Authority.--(1) Subchapter I of chapter 20 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 404. Foreign disaster relief
    ``(a) In General.--The President may conduct disaster relief 
activities outside the United States to respond to manmade or natural 
disasters when necessary to prevent loss of lives.
    ``(b) Forms of Assistance.--Assistance provided under this section 
may include transportation, supplies, services, and equipment.
    ``(c) Determination Required.--No assistance may be furnished 
pursuant to this section unless the President determines that the 
provision of disaster relief is in the national interest of the United 
States and is necessary to prevent loss of lives.
    ``(d) Report Required.--Not later than 48 hours after the 
commencement of disaster relief activities, the President shall 
transmit to the Congress a report containing the determination required 
by subsection (c) and a description of the following:
            ``(1) The manmade or natural disaster for which disaster 
        relief is necessary.
            ``(2) The threat to human lives presented by the disaster.
            ``(3) The United States military personnel and material 
        resources that are involved or expected to be involved.
            ``(4) The disaster relief that is being provided or is 
        expected to be provided by other nations or public or private 
        relief organizations.
            ``(5) The anticipated duration of the disaster relief 
        activities.''.
    (2) The table of sections at the beginning of such subchapter is 
amended by adding at the end the following:

``404. Foreign disaster relief.''.
    (b) Funding of Activities.--Of the amount authorized to be 
appropriated under subsection 301(5), $46,300,000 shall be available to 
the Secretary of Defense for the purpose of carrying out disaster 
relief activities under section 404 of title 10, United States Code, as 
added by subsection (a).

SEC. 1017. BURDENSHARING POLICY AND REPORT.

    (a) Policy.--It is the policy of the United States that the North 
Atlantic Treaty Organization (NATO) allies should assist the United 
States in paying the incremental cost incurred by the United States for 
maintaining members of the Armed Forces in assignments to permanent 
duty ashore in Europe solely for performing United States obligations 
for support of NATO.
    (b) Implementation.--The President shall take all necessary actions 
to ensure the effective implementation of the burdensharing policy set 
forth in subsection (a).
    (c) Report.--The Secretary of Defense shall include in the annual 
burdensharing report required by section 1002(d) of the Department of 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the following 
matters:
            (1) A specific enumeration and description of the United 
        States military resources and military personnel assigned to 
        permanent duty ashore in Europe primarily in support of NATO 
        and an analysis of the cost of providing and maintaining such 
        resources and personnel in such assignment primarily for that 
        purpose.
            (2) A specific enumeration and description of the United 
        States military resources and military personnel assigned to 
        permanent duty ashore in Europe primarily in support of other 
        United States interests in other regions of the world and an 
        analysis of the cost of providing and maintaining such 
        resources and personnel in such assignment primarily for that 
        purpose.
            (3) A specific enumeration and description of the offsets 
        to United States costs of providing and maintaining United 
        States military resources and military personnel in Europe that 
        the United States has previously received from other NATO 
        member nations, set out by country and by type of assistance, 
        including both ``in-kind'' assistance and direct cash 
        reimbursement, and the projected offsets for the five fiscal 
        years following the fiscal year in which the report is 
        submitted.
            (4) A detailed identification of the costs associated with 
        maintaining United States military personnel in assignments to 
        permanent duty ashore in Europe for NATO and the difference in 
        cost that would result from stationing such personnel at 
        military bases within the United States and continuing to 
        assign to such personnel the mission to perform United States 
        obligations under NATO.
            (5) A comparison of the defense spending by each NATO 
        member country as a percentage of Gross Domestic Product (GDP) 
        beginning in 1985 and the projected future defense spending as 
        a percentage of Gross Domestic Product through 2000.
            (6) A review of all actions taken by the United States to 
        ensure the effective implementation of the United States 
        burdensharing policy set forth in subsection (a).
    (d) Incremental Cost Defined.--In this section, the term 
``incremental cost'', with respect to maintaining members of the Armed 
Forces in assignments to permanent duty ashore in Europe, includes the 
cost of transportation to and from duty stations in Europe, any 
variation in the cost of housing and food as compared to the cost of 
housing and food for members of the Armed Forces stationed in the 
United States, and any additional expenditures associated with 
infrastructure necessary to support United States forces in Europe.

SEC. 1018. REVIEW AND REPORT REGARDING DEPARTMENT OF DEFENSE PROGRAMS 
              RELATING TO REGIONAL SECURITY AND HOST NATION DEVELOPMENT 
              IN THE WESTERN HEMISPHERE.

    (a) Findings.--Congress makes the following findings:
            (1) The political environment in the Western Hemisphere has 
        been characterized in recent years by significant democratic 
        advances and an absence of international strife; but democracy 
        is fragile in some nations of the region.
            (2) It is desirable for the Department of Defense to 
        perform a positive role in influencing regional armed forces to 
        make positive contributions to the democratic process and to 
        domestic development programs.
            (3) Congress receives a number of annual reports relating 
        to specific authorities granted to the Secretary of Defense 
        under title 10, United States Code, such as the authorities 
        relating to the conduct of bilateral or regional cooperation 
        programs under section 1051, participation of developing 
        countries in combined exercises under section 2110, and the 
        training of special operations forces with friendly forces 
        under section 2011.
            (4) The annual reports are replete with statistics and 
        dollar figures and generally lacking in substance.
            (5) Congress does not receive annual reports with respect 
        to other authorities of the Secretary of Defense, such as that 
        relating to Latin American cooperation under section 1050 of 
        title 10, United States Code.
            (6) Testimony before Congress, including in particular the 
        testimony of the Commander in Chief, United States Southern 
        Command, and the Commander in Chief, United States Atlantic 
        Command, has emphasized the conduct of a large number of 
        complementary programs under the leadership and supervision of 
        those two commanders to foster appropriate military roles in 
        democratic host nations and to assist countries in developing 
        forces properly trained to address their security needs, 
        including needs regarding illegal immigration, insurgencies, 
        smuggling of illegal arms, munitions, and explosives across 
        borders, and drug trafficking.
            (7) Most of the programs referred to in paragraph (6) 
        provide excellent and often unique training and experience to 
        the United States forces involved.
            (8) The expansion of the military-to-military contact 
        program to the Western Hemisphere will provide another tool to 
        encourage a democratic orientation of the defense 
        establishments and military forces of countries in the region.
            (9) There is a need to conduct a comprehensive review of 
        the several authorities in title 10, United States Code, for 
        the Secretary of Defense to engage in cooperative regional 
        security programs with other countries in the Western 
        Hemisphere in order to determine whether the authorities 
        continue to be appropriate and necessary, particularly in the 
        light of the changed circumstances in the region.
            (10) There is a need to conduct a comprehensive review of 
        the various programs carried out pursuant to such authorities 
        to ensure that such programs are designed to meet the needs of 
        the host nations involved and the regional objectives of the 
        United States.
            (11) There is a need to assess the strengths and weaknesses 
        of the various regional security organizations, defense forums, 
        and defense education institutions in the Western Hemisphere in 
        order to identify any improvements needed to harmonize the 
        defense policies of the United States and those of friendly 
        nations of the region.
    (b) Report Required.--Not later than May 1, 1995, the Secretary of 
Defense, shall--
            (1) carry out a comprehensive review and assessment of the 
        matters referred to in paragraphs (9), (10), and (11) of 
        subsection (a); and
            (2) after consultation with the Chairman of the Joint 
        Chiefs of Staff and the commanders of the combatant commands 
        responsible for regions in the Western Hemisphere, submit to 
        the Committees on Armed Services of the Senate and House of 
        Representatives a report on regional defense matters.
    (c) Content of Report.--The report shall contain a detailed and 
comprehensive description, discussion, and analysis of the following 
matters:
            (1) The Department of Defense plan to support United States 
        strategic objectives in the Western Hemisphere.
            (2) The external and internal threats to the national 
        security of the nations of the region.
            (3) The various regional security cooperative programs 
        carried out by the Department of Defense in the region in 1994, 
        including training and education programs in the host nations 
        and in the United States and defense contacts set forth on a 
        country-by-country basis, the statutory authority, if any, for 
        such programs, and the strategic objectives served.
            (4) The various regional security organizations, defense 
        forums, and defense education institutions that the United 
        States maintains or in which the United States participates.
            (5) An assessment of the contribution that such programs, 
        defense contacts, organizations, forums, and institutions make 
        to the advancement of regional security, host nation security 
        and national development, and the strategic objectives of the 
        United States.
            (6) The changes made or to be made in the programs, 
        organizations, forums, and institutions as a result of the 
        comprehensive review.
            (7) Any recommended legislation considered necessary to 
        improve the ability of the Department to achieve its strategic 
        objectives.
    (d) Classification of Report.--The report shall be submitted in an 
unclassified form and may, if necessary, have a classified supplement.

SEC. 1019. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES OVERSEAS 
              MILITARY FACILITIES TO NATO HOST COUNTRIES.

    (a) Findings.--Congress makes the following findings:
            (1) The United States has invested $6,500,000,000 in 
        military infrastructure in North Atlantic Treaty Organization 
        (NATO) countries.
            (2) As part of an overall plan to reduce United States 
        troop strength in Europe from 323,432 in 1987 to 100,000 by the 
        end of 1996, the Department of Defense plans to close or reduce 
        United States military presence at 867 military sites overseas.
            (3) Most of the overseas military sites announced for 
        closure are in Europe where the United States has already 
        closed 434 such sites.
            (4) When the United States closes military sites in Europe, 
        the United States brings the military personnel home but leaves 
        buildings, roads, sewers, and other real property improvements 
        behind.
            (5) Some allies have agreed to pay the United States for 
        the residual value of the real property improvements left 
        behind.
            (6) Although the United States military drawdown has been 
        rapid since 1990, European allies have been slow to pay the 
        United States the residual value of the sites released by the 
        United States.
            (7) As of 1994, the United States has recouped only 
        $33,300,000 in cash, and most of that was recovered in 1989.
            (8) Although the United States has released to Germany over 
        60 percent of the military sites planned for closure by the 
        United States in that country and the current value of United 
        States facilities to be returned to the German government is 
        estimated at approximately $2,700,000,000, the German 
        government has budgeted only $25,000,000 for fiscal year 1994 
        for payment of compensation for the United States investment in 
        such improvements.
    (b) Policy.--It is the sense of Congress that--
            (1) the President should redouble efforts to recover the 
        value of the United States investment in the military 
        infrastructure of NATO countries;
            (2) the President should enter into negotiations with the 
        government of each NATO host country with a presumption that 
        payments to compensate the United States for the negotiated 
        value of improvements will be made in cash and deposited in the 
        Department of Defense Overseas Military Facility Investment 
        Recovery Account;
            (3) the President should enter into negotiations for 
        payments-in-kind only as a last resort and only after informing 
        the Congress that negotiations for cash payments have not been 
        successful; and
            (4) to the extent that in-kind contributions are received 
        in lieu of cash payments in any fiscal year, the in-kind 
        contributions should be used for projects which are identified 
        priorities of the Department of Defense.
    (c) Requirements and Limitations Relating to Payments-in-Kind.--(1) 
Subsection (e) of section 2921 of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 2687 note) is amended--
            (A) by inserting ``(1)'' after ``Negotiations for Payments-
        in-Kind.--'';
            (B) by striking out ``a written notice'' and all that 
        follows and inserting in lieu thereof ``to the congressional 
        defense committees (and one additional copy to each of the 
        Subcommittees on Defense of the Committees on Appropriations of 
        the Senate and the House of Representatives) a written notice 
        regarding the intended negotiations.''; and
            (C) by adding at the end the following new paragraph:
    ``(2) The notice shall contain the following:
            ``(A) A justification for entering into negotiations for 
        payments-in-kind with the host country.
            ``(B) The types of benefit options to be pursued by the 
        Secretary in the negotiations.
            ``(C) A discussion of the adjustments that are intended to 
        be made in the future-years defense program or in the budget of 
        the Department of Defense for the fiscal year in which the 
        notice is submitted or the following fiscal year in order to 
        reflect costs that it may no longer be necessary for the United 
        States to incur as a result of the payments-in-kind to be 
        sought in the negotiations.''.
    (2) Such section is amended by adding at the end the following new 
subsection:
    ``(h) Congressional Oversight of Payments-In-Kind.--(1) Not less 
than 30 days before concluding an agreement for acceptance of military 
construction or facility improvements as a payment-in-kind, the 
Secretary of Defense shall submit to Congress a notification on the 
proposed agreement that contains the following matters:
            ``(A) A description of the military construction project or 
        facility improvement project, as the case may be.
            ``(B) A certification that the project is needed by United 
        States forces.
            ``(C) An explanation of how the project will aid in the 
        achievement of the mission of those forces.
            ``(D) A certification that, if the project were to be 
        carried out by the Department of Defense, appropriations would 
        be necessary for the project and it would be necessary to 
        provide for the project in the next future-years defense 
        program.
    ``(2) Not less than 30 days before concluding an agreement for 
acceptance of host nation support or host nation payment of operating 
costs of United States forces as a payment-in-kind, the Secretary of 
Defense shall submit to Congress a notification on the proposed 
agreement that contains the following matters:
            ``(A) A description of each activity to be covered by the 
        payment-in-kind.
            ``(B) A certification that the costs to be covered by the 
        payment-in-kind are included in the budget of one or more of 
        the military departments or that it will otherwise be necessary 
        to provide for payment of such costs in a budget of one or more 
        of the military departments.
            ``(C) A certification that, unless the payment-in-kind is 
        accepted or funds are appropriated for payment of such costs, 
        the military mission of the United States forces with respect 
        to the host nation concerned will be adversely affected.''.

Subtitle C--Nonproliferation and Counterproliferation of Weapon Systems 
                          and Related Systems

SEC. 1021. EXTENSION AND REVISION OF NONPROLIFERATION AUTHORITIES.

    (a) Extension of Nonproliferation Authorities.--Section 1505 of the 
National Defense Authorization Act for Fiscal Year 1993 (22 U.S.C. 
5859a) is amended--
            (1) in subsection (a), by striking out ``during fiscal year 
        1994'' and inserting in lieu thereof ``during fiscal years 1994 
        and 1995''; and
            (2) in subsection (e), by striking out ``fiscal year 1994'' 
        and inserting in lieu thereof ``fiscal years 1994 and 1995''.
    (b) Activities for Which Assistance May Be Provided.--Subsection 
(b)(4) of such section is amended by striking out ``nuclear 
proliferation through joint technical projects and improved 
intelligence sharing'' and inserting in lieu thereof ``nuclear, 
biological, chemical, and missile proliferation through technical 
projects and improved information sharing''.
    (c) Sources of Assistance.--Subsection (d) of such section is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``for fiscal year 1994'' after 
                ``under this section''; and
                    (B) by striking out ``fiscal year 1994 or'' and 
                inserting in lieu thereof ``fiscal year 1994. Funds 
                provided as assistance under this section for fiscal 
                year 1995 shall be derived from amounts made available 
                to the Department of Defense for fiscal year 1995. 
                Alternatively, funds provided as assistance under this 
                section for a fiscal year referred to in this paragraph 
                may be derived''; and
            (2) in paragraph (3), by inserting after ``$25,000,000'' 
        the following: ``for fiscal year 1994 or $15,000,000 for fiscal 
        year 1995''.

SEC. 1022. JOINT COMMITTEE FOR THE REVIEW OF COUNTERPROLIFERATION 
              PROGRAMS OF THE UNITED STATES.

    (a) Composition.--Subsection (a) of section 1605 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat 1845) is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``Non-Proliferation'' in the 
                matter above subparagraph (A) and inserting in lieu 
                thereof ``Counterproliferation'';
                    (B) by striking out subparagraphs (B) and (E); and
                    (C) by redesignating subparagraphs (C), (D), and 
                (F) as subparagraphs (B), (C), and (D), respectively;
            (2) in paragraph (2), by adding at the end the following: 
        ``The Secretary of Energy shall serve as the Vice Chairman of 
        the committee.'';
            (3) in paragraph (4), by adding at the end the following: 
        ``The Secretary of Energy may delegate to the Under Secretary 
        of Energy responsible for national security programs of the 
        Department of Energy the performance of the duties of the Vice 
        Chairman of the committee.''; and
            (4) by striking out paragraph (5).
    (b) Purposes of Committee.--Subsection (b) of such section is 
amended--
            (1) in paragraph (1)(A), by striking out ``nonproliferation 
        policy'' and inserting in lieu thereof ``counterproliferation 
        policy''; and
            (2) by adding at the end the following new paragraphs:
            ``(3) To prioritize programs and funding.
            ``(4) To encourage and facilitate interagency and 
        interdepartmental funding of programs in order to ensure 
        necessary levels of funding to develop, operate, and field 
        highly-capable systems.
            ``(5) To insure that Department of Energy programs are 
        integrated with the operational needs of other departments and 
        agencies of the Federal Government.
            ``(6) To ensure that Department of Energy national security 
        programs include development of systems for deployment as well 
        as research.''.
    (c) Duties.--Subsection (c) of such section is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``(including 
                counterproliferation capabilities) and technologies for 
                support of United States nonproliferation policy'' in 
                the matter above subparagraph (A) and inserting in lieu 
                thereof ``and technologies for support of United States 
                nonproliferation policy and counterproliferation 
                policy'';
                    (B) by inserting ``and'' at the end of subparagraph 
                (D); and
                    (C) by striking out subparagraphs (F) and (G);
            (2) by striking out paragraphs (2), (3), and (7);
            (3) in paragraph (4), by striking out ``to support fully 
        the nonproliferation policy of the United States'';
            (4) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (2), (3), and (4), respectively; and
            (5) by adding at the end the following new paragraph (5):
            ``(5) assess each fiscal year the effectiveness of the 
        committee actions during the preceding fiscal year, including, 
        particularly, the status of recommendations made during such 
        preceding fiscal year that were reflected in the budget 
        submitted to Congress pursuant to section 1105(a) of title 31, 
        United States Code, for the fiscal year following the fiscal 
        year in which the assessment is made.''.
    (d) Committee Recommendations.--Subsection (e) of such section is 
amended to read as follows:
    ``(e) Recommendations.--The committee shall submit to the President 
and the heads of all appropriate departments and agencies of the 
Federal Government such programmatic recommendations regarding 
existing, planned, or new programs as the committee considers 
appropriate to encourage funding for capabilities and technologies at 
the level necessary to support United States counterproliferation 
policy.''.
    (e) Extension of Committee.--Subsection (f) of such section is 
amended by striking out ``six months after the date on which the report 
of the Secretary of Defense under section 1606 is submitted to 
Congress'' and inserting in lieu thereof ``at the end of September 30, 
1996''.

SEC. 1023. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.

    (a) Report Required.--Not later than May 1, 1995, and not later 
than May 1 of each year thereafter, the Secretary of Defense shall 
submit to the appropriate committees of Congress a report of the 
findings of the Counterproliferation Program Review Committee 
established by section 1605 of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 107 Stat 1845). The Secretary 
shall submit any special annex of the report to the committees of 
Congress that traditionally receive information in the annex in the 
performance of oversight functions of such committees.
    (b) Content of the Report.--The report shall include the following 
matters:
            (1) A complete list, by specific program element, of the 
        existing, planned, or newly proposed capabilities and 
        technologies reviewed by the committee pursuant to section 
        1605(c) of Public Law 103-160.
            (2) A complete description of the requirements and 
        priorities established by the Counterproliferation Program 
        Review Committee.
            (3) A comprehensive discussion of the near-term, mid-term, 
        and long-term programmatic options formulated by the committee 
        for meeting requirements prescribed by the committee and for 
        eliminating deficiencies identified by the committee, including 
        the annual funding requirements and completion dates 
        established for each such option.
            (4) An explanation of the recommendations made pursuant to 
        section 1605(c) of Public Law 103-160, together with a full 
        discussion of the actions taken to implement such 
        recommendations or otherwise taken on the recommendations.
            (5) A discussion and assessment of the status of each 
        committee recommendation during the fiscal year preceding the 
        fiscal year in which the report is submitted, including, 
        particularly, the status of recommendations made during such 
        preceding fiscal year that were reflected in the budget 
        submitted to Congress pursuant to section 1105(a) of title 31, 
        United States Code, in the fiscal year of the report.
            (6) Each specific Department of Energy program that the 
        Secretary of Energy plans to develop to initial operating 
        capability and each such program that the Secretary does not 
        plan to develop to initial operating capability.
            (7) For each technology program scheduled to reach initial 
        operational capability, a recommendation from the Chairman of 
        the Joint Chiefs of Staff that represents the views of the 
        commanders of the unified and specified commands regarding the 
        utility and requirement of the program.
    (c) Forms of Report.--The report shall be submitted in both 
unclassified and classified forms, including an annex to the classified 
report for special compartmented information programs, special access 
programs, and special activities programs.
    (d) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the House of Representatives.
            (2) The term ``intelligence community'' has the meaning 
        given such term in section 3 of the National Security Act of 
        1947 (50 U.S.C. 401a).

SEC. 1024. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.

    (a) Counterproliferation Activities.--Of the amount authorized to 
be appropriated in section 201(4), $12,500,000 shall be available for 
counterproliferation activities.
    (b) Education in Support of Counterproliferation Activities.--Of 
the amount authorized to be appropriated in section 301(5), not more 
than $1,000,000 shall be available for providing education to members 
of the Armed Forces in matters relating to counterproliferation.
    (c) Additional Authority To Transfer Authorizations.--(1) In 
addition to the transfer authority provided in section 1001, upon 
determination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in this 
division for fiscal year 1995 to counterproliferation programs, 
projects, and activities identified as areas for progress by the Joint 
Committee for the Review of Counterproliferation Programs established 
by section 1605 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1845). 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 may 
transfer under the authority of this subsection may not exceed 
$100,000,000.
    (3) The authority provided by this subsection to transfer 
authorizations--
            (A) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (B) may not be used to provide authority for an item that 
        has been denied authorization by Congress.
    (4) A transfer made from one account to another under the authority 
of this subsection shall be deemed to increase the amount authorized 
for the account to which the amount is transferred by an amount equal 
to the amount transferred.
    (5) The Secretary of Defense shall promptly notify Congress of 
transfers made under the authority of this subsection.
    (d) Use of Funds for Technology Development.--(1) Of the funds 
authorized to be appropriated by section 201(4) for a 
counterproliferation technology project in Program Element 602301E--
            (A) $5,000,000 shall be available for a program to detect, 
        locate, and disarm weapons of mass destruction that are hidden 
        by a hostile state or terrorist or terrorist group in confined 
        area outside the United States; and
            (B) $10,000,000 shall be available for the training program 
        referred to in paragraph (3).
    (2) The Secretary of Defense shall make funds available for the 
program referred to in paragraph (1)(A) in a manner that, to the 
maximum extent practicable, ensures the effective utilization of 
existing resources of the national weapons laboratories.
    (3)(A) The training program referred to in paragraph (1)(B) is a 
training program carried out jointly by the Secretary of Defense and 
the Director of the Federal Bureau of Investigation in order to expand 
and improve United States efforts to deter the possible proliferation 
and acquisition weapons of mass destruction by organized crime 
organizations in Eastern Europe, the Baltic countries, and the former 
Soviet Union.
    (B) The funds available under paragraph (1)(B) for the program 
referred to in subparagraph (A) may not be obligated or expended for 
that program until the Secretary of Defense and the Director of the 
Federal Bureau of Investigation jointly submit to the congressional 
defense committees a report that--
            (i) identifies the nature and extent of the threat posed to 
        the United States by the possible proliferation and acquisition 
        of weapons of mass destruction by organized crime organizations 
        in Eastern Europe, the Baltic countries, and the former Soviet 
        Union;
            (ii) assesses the actions that the United States should 
        undertake in order to assist law enforcement agencies of 
        Eastern Europe, the Baltic countries, and the former Soviet 
        Union in the efforts of such agencies to prevent and deter the 
        theft of nuclear weapons material; and
            (iii) contains an estimate of--
                    (I) the cost of undertaking such actions, including 
                the costs of personnel, support equipment, and 
                training;
                    (II) the time required to commence the carrying out 
                of the program referred to in paragraph (1); and
                    (III) the amount of funds, if any, that will be 
                required in fiscal years after fiscal year 1995 in 
                order to carry out the program.

SEC. 1025. RESTRICTION RELATING TO REPORT ON PROLIFERATION OF FOREIGN 
              MILITARY SATELLITES.

    None of the funds available to the Department of Defense for travel 
may be expended for travel by the Assistant Secretary of Defense for 
International Security Policy until the Secretary of Defense submits to 
Congress the report required by section 1363 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2560) together with the certification required by section 211(d) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1584).

                      Subtitle D--Peace Operations

SEC. 1031. REPORTS ON REFORMING MULTILATERAL PEACE OPERATIONS.

    (a) Reports Required.--The Secretary of Defense shall submit to the 
congressional defense committees two reports on United States proposals 
for improving United Nations management of peace operations. The 
Secretary shall submit the first report not later than December 1, 
1994, and the second report not later than June 1, 1995.
    (b) Content of Reports.--(1) Each report shall contain--
            (A) a discussion of the status of implementation of United 
        States proposals contained in section IV (relating to 
        strengthening the United Nations) of the document entitled 
        ``The Clinton Administration's Policy on Reforming Multilateral 
        Peace Operations'' that was issued by the Executive Office of 
        the President in May 1994; and
            (B) an analysis of the results of such implementation.
    (2) Each report shall cover, at a minimum, the following matters:
            (A) The reconfiguration and expansion of the staff for the 
        United Nations Department of Peacekeeping Operations.
            (B) The elimination by the United Nations of lengthy, 
        potentially disastrous delays after a peace operation has been 
        authorized.
            (C) The establishment by the United Nations of a 
        professional peace operations training program for commanders 
        and other military and civilian personnel.
            (D) United States assistance to facilitate improvements by 
        the United Nations in the matters described in subparagraphs 
        (A) and (C) and the terms under which such assistance has been 
        or is being provided.
    (c) Definition.--Is this section, the term ``peace operation'' 
means an operation to maintain or restore international peace and 
security under chapter VI or chapter VII of the Charter of the United 
Nations.

SEC. 1032. SUPPORT FOR INTERNATIONAL PEACEKEEPING AND PEACE 
              ENFORCEMENT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the President should initiate consultations with the 
        bipartisan leadership of Congress, including the leadership of 
        the relevant committees, as far in advance as possible 
        regarding international peacekeeping or peace enforcement 
        activities of the United Nations that would involve the 
        participation of United States combat forces and such 
        consultations should continue throughout the duration of such 
        activities;
            (2) the consultations should take place prior to the vote 
        by the United States on United Nations Security Council 
        resolutions authorizing, extending, or revising the mandates 
        for these types of activities;
            (3) United Nations Security Council resolutions authorizing 
        peacekeeping or peace enforcement activities should clearly 
        state the threat to international peace and security presented 
        by the conflict in question, as well as the political and 
        military objectives, the anticipated duration, and an exit 
        strategy for each activity;
            (4) the United States should be fully reimbursed for troop 
        contributions and assistance provided to United Nations 
        peacekeeping and peace enforcement activities;
            (5) the United Nations should rarely conduct peace 
        enforcement operations in view of the complexity of such 
        operations and the difficulty of achieving unity of command and 
        expeditious decisionmaking through the United Nations;
            (6) United States combat forces should be under the 
        operational control of qualified commanders and should have 
        clear and effective command and control arrangements, 
        appropriate rules of engagement, and clear and unambiguous 
        mission statements;
            (7) United States combat forces should not be under the 
        command and control of foreign commanders in peace enforcement 
        operations conducted by the United Nations except in the most 
        extraordinary circumstances; and
            (8) the Secretary of Defense should have the lead 
        responsibility within the executive branch for the management 
        of peacekeeping and peace enforcement activities of the United 
        Nations in which United States combat forces participate.
    (b) Support Authorized.--(1) Section 403 of title 10, United States 
Code, is amended to read as follows:
``Sec. 403. International peacekeeping and international peace 
              enforcement: support involving United States combat 
              forces
    ``(a) Authority.--Notwithstanding any other provision of law, the 
Secretary of Defense may--
            ``(1) pay, out of funds in the Contributions for 
        International Peacekeeping and Peace Enforcement Activities 
        Fund established by subsection (g), the United States fair 
        share (as determined by the Secretary) of assessments for 
        international peacekeeping or international peace enforcement 
        activities of the United Nations in which United States combat 
        forces participate; and
            ``(2) furnish assistance, on a reimbursable basis, in 
        support of such activities.
    ``(b) Forms of Assistance.--Assistance provided under this section 
may include supplies, services, and equipment.
    ``(c) Determination Required.--No assessment may be paid and no 
assistance may be furnished pursuant to this section unless the 
President determines that the provision of assistance is in the 
national interest of the United States.
    ``(d) Advance Notice.--(1) In the case of any international 
peacekeeping or international peace enforcement operation of the United 
Nations in which United States combat forces are to participate, not 
less than 15 days before an initial deployment of United States combat 
forces, payment of a United Nations assessment, furnishing of 
assistance of a value in excess of $14,000,000, or waiver of 
reimbursement to the United States under subsection (e), the President 
shall transmit to the designated congressional committees a report, 
which may be classified in whole or in part, that contains the 
determination required by subsection (c) and the following matters:
            ``(A) A description of the threat to international peace 
        and security presented by the conflict involved.
            ``(B) The United States interests that will be advanced by 
        the operation and by the United States action.
            ``(C) The political and military objectives of the 
        operation.
            ``(D) The exit criteria and likely duration of the 
        operation.
            ``(E) The personnel and material resources that have been 
        pledged, or are otherwise expected to be made available, by 
        other nations to the United Nations for the operation.
            ``(F) The units of the armed forces that will participate.
            ``(G) The necessity for involvement of United States 
        forces.
            ``(H) The command arrangements for those forces and, if any 
        of the United States forces are to be placed under the 
        operational control of foreign commanders, the justification 
        for doing so.
            ``(I) The rules of engagement for the operation.
            ``(J) An assessment of the risks involved in the operation.
            ``(K) In the case of payment of an assessment, the amount 
        to be paid and the terms under which the payment is to be made.
            ``(L) In the case of assistance, the supplies, services, or 
        equipment to be provided by the United States and the terms 
        under which such supplies, services, or equipment are to be 
        provided.
            ``(M) In the case of a waiver of reimbursement, the 
        justification for the waiver.
    ``(2) If the President determines that an unforeseen emergency 
requires the immediate deployment of United States combat troops or the 
immediate furnishing of assistance of a value in excess of $14,000,000 
under this section, the President--
            ``(A) may waive the requirement of paragraph (1) that a 
        report be transmitted at least 15 days in advance of the 
        action; and
            ``(B) shall promptly notify the designated committees of 
        such waiver and such deployment or transfer.
    ``(e) Reimbursement.--(1) The President shall require reimbursement 
from the United Nations or from any other source for the participation 
of any force of the armed forces in support of international 
peacekeeping or international peace enforcement activities of the 
United Nations or for the provision of assistance by the Secretary of 
Defense in support of such activities.
    ``(2) Any funds received as reimbursements shall be used as 
follows:
            ``(A) As a first priority, for the payment of the 
        incremental costs of the military departments and Defense 
        Agencies providing the participating United States forces or 
        the supplies, services, or equipment involved.
            ``(B) As a second priority, for the payment of the 
        incremental costs of any other United States forces that are 
        operating in support of international peacekeeping or 
        international peace enforcement activities but for which 
        reimbursement is not possible.
    ``(3) After use of reimbursement funds for the purposes specified 
in paragraph (2), any remainder of such funds shall be credited to the 
Contributions for International Peacekeeping and Peace Enforcement 
Activities Fund established by subsection (g).
    ``(4) Reimbursements utilized for the payment of incremental costs 
shall be credited, at the option of the Secretary of the military 
department concerned or the head of the Defense Agency concerned, 
either to an appropriation, fund, or other account obligated to pay 
such costs or to an appropriate appropriation, fund, or other account 
available for paying such costs.
    ``(f) Waiver of Reimbursement.--The President may waive, in whole 
or in part, any reimbursement required under subsection (a)(2) or (e) 
in exceptional circumstances upon determining that such waiver is in 
the national interest of the United States.
    ``(g) Establishment of Account.--There is hereby established in the 
Treasury of the United States a fund to be known as the `Contributions 
for International Peacekeeping and Peace Enforcement Activities Fund'. 
Amounts appropriated or otherwise credited to the Fund shall be 
available until expended for, and shall be used for, paying assessments 
for United Nations operations under this section.
    ``(h) Authority Inapplicable When United States Combat Forces Not 
Involved.--The authority in subsection (a) to pay United Nations 
assessments for international peacekeeping and international peace 
enforcement activities of the United Nations may not be construed as 
authorizing payment of United Nations assessments for any such activity 
in which United States combat forces do not participate.
    ``(i) Coordination With Other Laws.--This section may not be 
construed as superseding any provision of the War Powers Resolution. 
This section does not provide authority for the participation of United 
States combat forces in any international peacekeeping or international 
peace enforcement operation.
    ``(j) Definitions.--In this section:
            ``(1) The term `designated congressional committees' means 
        the Committees on Armed Services, Appropriations, and Foreign 
        Relations of the Senate and the Committees on Armed Services, 
        Appropriations, and Foreign Affairs of the House of 
        Representatives.
            ``(2) The term `combat forces' means forces of the armed 
        forces that have combat missions as primary missions.
            ``(3) The term `international peacekeeping' means those 
        activities performed pursuant to Chapter VI of the United 
        Nations Charter.
            ``(4) The term `international peace enforcement' means 
        those activities performed pursuant to Chapter VII of the 
        United Nations Charter.''.
    (2) The item relating to section 403 in the table of sections at 
the beginning of subchapter I of chapter 20 of such title is amended to 
read as follows:

``403. International peacekeeping and international peace enforcement: 
                            support involving United States combat 
                            forces.''.
    (c) Authorized Support for Fiscal Year 1995.--Not more than 
$300,000,000 is authorized to be appropriated for fiscal year 1995 for 
the Contributions for International Peacekeeping and Peace Enforcement 
Activities Fund under section 301(20).

                   Subtitle E--Reporting Requirements

SEC. 1041. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF THE STATES 
              OF THE FORMER SOVIET UNION.

    (a) Findings.--Congress makes the following findings:
            (1) The United States has identified nonproliferation as a 
        high priority in the conduct of United States national security 
        policy.
            (2) The United States is seeking universal adherence to 
        global regimes that control nuclear, chemical, and biological 
        weapons and is promoting new measures that provide increased 
        transparency of biological weapons-related activities and 
        facilities in an effort to help deter violations of and enhance 
        compliance with the Biological Weapons Convention (BWC).
            (3) Questions continue to arise regarding offensive 
        biological weapons research, development, testing production, 
        and storage in the countries of the former Soviet Union as well 
        as in other countries.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President should continue to urge all signatories 
        to the Biological Weapons Convention to comply fully with the 
        terms of that convention and with other international 
        agreements relating to the control of biological weapons; and
            (2) as the President encourages increased transparency of 
        biological weapons-related activities and facilities to deter 
        violations of and enhance compliance with the Biological 
        Weapons Convention, the President should also take appropriate 
        actions to ensure that the United States is prepared to counter 
        the effects of use of biological weapons by others.
    (c) Report Required.--Not later than 120 days after the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the status of the offensive biological 
warfare program in the Russian Federation and the other independent 
states of the former Soviet Union.
    (d) Content of Report.--The report shall include the following 
matters:
            (1) An assessment of the extent of compliance of the 
        independent states of the former Soviet Union with the 
        Biological Weapons Convention and other international 
        agreements relating to the control of biological weapons.
            (2) An evaluation of the extent of control and oversight by 
        the government of the Russian Federation over the former Soviet 
        military and dual civilian-military biological warfare 
        programs.
            (3) The extent, if any, of the biological warfare agent 
        stockpile in any of the independent states of the former Soviet 
        Union.
            (4) The extent and scope, if any, of continued biological 
        warfare research, development, testing, and production by such 
        state, including the sites and types of activity at those 
        sites.
            (5) An evaluation of the effectiveness of possible delivery 
        systems of biological weapons, including tube and rocket 
        artillery, bomber aircraft, and ballistic missiles.
            (6) An evaluation of United States capabilities to detect 
        and monitor biological warfare research, development, testing, 
        production, and storage.
            (7) On the basis of the assessment and evaluations referred 
        to in other paragraphs of this subsection, recommendations by 
        the Secretary of Defense and Chairman of the Joint Chiefs of 
        Staff for the improvement of United States biological warfare 
        defense and counter-measures.
    (e) Form of Report.--The Secretary shall submit the report in 
classified and unclassified versions.
    (f) Definitions.--In this section:
            (1) The term ``Biological Weapons Convention'' means the 
        Convention on the Prohibition, Production, and Stockpiling of 
        Bacteriological (Biological) and Toxin Weapons and on Their 
        Destruction, done at Washington, London, and Moscow on April 
        10, 1972.
            (2) The term ``independent states of the former Soviet 
        Union'' has the same meaning given that term in section 3 of 
        the FREEDOM Support Act (22 U.S.C. 5801).

SEC. 1042. TERMINATION OF CERTAIN DEPARTMENT OF DEFENSE REPORTING 
              REQUIREMENTS.

    (a) Immediate Termination.--Except as provided in subsection (c), 
notwithstanding the date set forth in subsection (a) of section 1151 of 
the National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1758; 10 U.S.C. 113 note), the reporting 
requirements referred to in subsection (b) are terminated effective on 
the date of the enactment of this Act.
    (b) Applicability.--Subsection (a) applies to each reporting 
requirement specified in enclosures 1 and 2 of the letter, dated April 
29, 1994, by which the Director for Administration and Management, 
Office of the Secretary Defense, citing the authority of the provision 
of law referred to in subsection (a), submitted a list of reporting 
requirements recommended for termination by the Department of Defense.
    (c) Preservation of Requirements.--(1) The reporting requirements 
set forth in the provisions of law referred to in paragraph (2) shall 
not terminate under subsection (a) of section 1151 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1758; 10 U.S.C. 113 note).
    (2) Paragraph (1) applies to the following reports:
            (A) Reports required under the following provisions of 
        title 10, United States Code:
                    (i) Section 2662, relating to reports on real 
                property transactions.
                    (ii) Section 2672a(b), relating to reports on 
                urgent acquisitions of land.
                    (iii) Section 2687(b)(1), relating to notifications 
                of certain base closures and realignments.
                    (iv) Section 2690(b)(2), relating to notifications 
                of proposed conversions of heating facilities at United 
                States installations in Europe.
                    (v) Section 2804(b), relating to reports on 
                contingency military construction projects.
                    (vi) Section 2806(c)(2), relating to reports on 
                contributions for NATO infrastructure in excess of 
                amounts appropriated for such contributions.
                    (vii) Subsections (b) and (c) of section 2807, 
                relating to notifications and reports on architectural 
                and engineering services and construction design.
                    (viii) Section 2823(b), relating to notifications 
                regarding disagreements between certain officials on 
                the availability of locations for suitable alternative 
                housing for the Department of Defense.
                    (ix) Subsections (b) and (c) of section 2825, 
                relating to notifications regarding improvements of 
                family housing or construction of replacement family 
                housing.
                    (x) Section 2827(b), relating to notifications 
                regarding relocation of military family housing units.
                    (xi) Section 2835(g)(1), relating to economic 
                analyses on the cost effectiveness of leasing family 
                housing to be constructed or rehabilitated.
                    (xii) Section 2861(a), relating to the annual 
                report on military construction activities and family 
                housing activities.
                    (xiii) Subsections (e) and (f) of section 2865, 
                relating to notifications regarding unauthorized energy 
                conservation construction projects and an annual report 
                regarding energy conservation actions.
            (B) Reports required under the following provisions of 
        title 37, United States Code:
                    (i) Section 406(i), relating to the annual report 
                regarding dependents accompanying members stationed 
                outside the United States in relation to the 
                eligibility of such members to receive travel and 
                transportation allowances.
                    (ii) Section 1008(a), relating to the annual report 
                by the President on adjustments of rates of pay and 
                allowances for members of the uniformed services.
            (C) Reports required under the following provisions of law:
                    (i) Section 326(a)(5) of the National Defense 
                Authorization Act for Fiscal Year 1993 (Public Law 102-
                484; 106 Stat. 2368; 10 U.S.C. 2301 note), relating to 
                reports on use of certain ozone-depleting substances.
                    (ii) Subsections (e) and (f) of section 2921 of the 
                National Defense Authorization Act for Fiscal Year 1991 
                (10 U.S.C. 2687 note), relating to notifications 
                regarding negotiations for payments-in-kind for the 
                release of improvements at overseas military 
                installations to host countries and an annual report on 
                the status and use of the Department of Defense 
                Overseas Military Facility Investment Recovery Account.
                    (iii) Section 1505(f)(3) of the Military Child Care 
                Act of 1989 (title XV of Public Law 101-189; 103 Stat. 
                1594; 10 U.S.C. 113 note), relating to reports on 
                closures of military child development centers.
                    (iv) Subsections (a) and (d) of section 7 of the 
                Organotin Antifouling Paint Control Act of 1988 (Public 
                Law 100-133; 102 Stat. 607; 33 U.S.C. 2406), relating 
                to the annual report on the monitoring of estuaries and 
                near-coastal waters for concentrations of organotin.

 Subtitle F--Acceptance of Pre-release Services of Nonviolent Offenders

SEC. 1051. USE OF INMATE LABOR AT MILITARY INSTALLATIONS.

    (a) Use of Inmate Labor Authorized.--Chapter 155 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 2610. Acceptance of services of inmates of State and local 
              correctional facilities
    ``(a) Use of Inmate Labor.--Subject to subsection (c), the 
Secretary of a military department may accept in accordance with this 
section the services of nonviolent offenders incarcerated in a 
correctional facility of a State or local government. Services so 
accepted shall be performed at a military installation in the vicinity 
of the correctional facility pursuant to an agreement entered into by 
the Secretary and the chief executive of the State or local government.
    ``(b) Authorized Services.--The services authorized to be accepted 
are as follows:
            ``(1) Construction, maintenance, or repair of roads.
            ``(2) Construction of levees or other flood prevention 
        structures.
            ``(3) Construction, maintenance, or repair of any other 
        public ways or works.
            ``(4) Clearance, maintenance, or reforesting of public 
        lands.
            ``(5) Custodial services.
    ``(c) Conditions for Acceptance of Services.--The Secretary may 
accept the services of nonviolent offenders for a military installation 
under this section only if the Secretary finds that--
            ``(1) Federal Government employees and contractor employees 
        performing services at the installation will not be displaced;
            ``(2) no contract for the provision of services at the 
        installation will otherwise be impaired; and
            ``(3) in the case of services in any skill, craft, or 
        trade, there is no surplus of labor for hire in such skill, 
        craft, or trade in the vicinity of the installation.
    ``(d) Limitation on Payments to Custodial Governments.--(1) Except 
as provided in paragraph (2), the Secretary of a military department 
may not compensate a State or local government for the costs incurred 
by such government in the provision of services accepted under this 
section.
    ``(2) The Secretary may--
            ``(A) reimburse a State or local government for 
        administrative and other costs directly incurred by that 
        government in making available and supervising offenders as 
        they provide services accepted under this section; and
            ``(B) pay a nominal amount to the State or local government 
        in order to support any alcohol and drug abuse treatment 
        programs conducted by that government for the offenders who 
        provide such services.
    ``(e) Prohibition on Compensation of Inmates.--The Secretary may 
not compensate any offender for services accepted under this section.
    ``(f) Support Authorized.--The Secretary may provide equipment, 
supplies, or other materials to be used by offenders in the provision 
of services accepted under this section.
    ``(g) Inapplicability of Other Laws.--The following provisions of 
law shall not apply with respect to services accepted under this 
section:
            ``(1) Section 1342 of title 31.
            ``(2) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 
        et seq.).
            ``(3) The Act entitled `An Act relating to the rate of 
        wages for laborers and mechanics employed on public buildings 
        of the United States and the District of Columbia by 
        contractors and subcontractors, and for other purposes', 
        approved March 3, 1931 (46 Stat. 1494; 40 U.S.C. 276a et seq.), 
        commonly referred to as the `Davis-Bacon Act'.
            ``(4) The Act entitled `An Act to provide conditions for 
        the purchases of supplies and the making of contracts by the 
        United States, and for other purposes', approved June 30, 1936 
        (49 Stat. 2036; 41 U.S.C. 35 et seq.), commonly referred to as 
        the `Walsh-Healey Act'.
            ``(5) The Service Contract Act of 1965 (41 U.S.C. 351 et 
        seq.).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``2610. Acceptance of services of inmates of State and local 
                            correctional facilities.''.

SEC. 1052. REVISION OF AUTHORITY FOR USE OF NAVY INSTALLATIONS TO 
              PROVIDE EMPLOYMENT TRAINING TO NONVIOLENT OFFENDERS IN 
              STATE PENAL SYSTEMS.

    (a) Sources of Training.--Subsection (b) of section 1374 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1821; 10 U.S.C. 5013 note) is amended--
            (1) by striking out the subsection caption and inserting in 
        lieu thereof ``Sources of Training.--''; and
            (2) by inserting before the period at the end the 
        following: ``or may provide such training directly at such 
        installations by agreement with the State concerned''.
    (b) Liability and Indemnification.--Subsection (e) of such section 
is amended--
            (1) by inserting ``(1)'' before ``A nonprofit 
        organization''; and
            (2) by adding at the end the following:
    ``(2) In any case in which the Secretary provides prerelease 
employment training directly by agreement with the State concerned, the 
State shall--
            ``(A) be liable for any loss or damage to Federal 
        Government property that may result from, or in connection 
        with, the provision of the training except to the extent that 
        the loss or damage results from a wrongful act or omission of 
        Federal Government personnel; and
            ``(B) hold harmless and indemnify the United States from 
        and against any suit, claim, demand, action, or liability 
        arising out of any claim for personal injury or property damage 
        that may result from, or in connection with, the provision of 
        the training except to the extent that the personal injury or 
        property damage results from a wrongful act or omission of 
        Federal Government personnel.''.

SEC. 1053. USE OF ARMY INSTALLATIONS TO PROVIDE EMPLOYMENT TRAINING TO 
              NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS.

    (a) Demonstration Project Authorized.--The Secretary of the Army 
may conduct a demonstration project to test the feasibility of using 
Army facilities to provide employment training to nonviolent offenders 
in a State penal system prior to their release from incarceration. The 
demonstration project shall be limited to not more than three military 
installations under the jurisdiction of the Secretary.
    (b) Sources of Training.--The Secretary may enter into a 
cooperative agreement with one or more private, nonprofit organizations 
for purposes of providing at the military installations included in the 
demonstration project the prerelease employment training authorized 
under subsection (a) or may provide such training directly at such 
installations by agreement with the State concerned.
    (c) Use of Facilities.--Under a cooperative agreement entered into 
under subsection (b), the Secretary may lease or otherwise make 
available to a nonprofit organization participating in the 
demonstration project at a military installation included in the 
demonstration project any real property or facilities at the 
installation that the Secretary considers to be appropriate for use to 
provide the prerelease employment training authorized under subsection 
(a). Notwithstanding section 2667(b)(4) of title 10, United States 
Code, the use of such real property or facilities may be permitted with 
or without reimbursement.
    (d) Acceptance of Services.--Notwithstanding section 1342 of title 
31, United States Code, the Secretary may accept voluntary services 
provided by persons participating in the prerelease employment training 
authorized under subsection (a).
    (e) Liability and Indemnification.--(1) A nonprofit organization 
participating in the demonstration project shall--
            (A) be liable for any loss or damage to Federal Government 
        property that may result from, or in connection with, the 
        provision of prerelease employment training by the organization 
        under the demonstration project; and
            (B) hold harmless and indemnify the United States from and 
        against any suit, claim, demand, action, or liability arising 
        out of any claim for personal injury or property damage that 
        may result from or in connection with the demonstration 
        project.
    (2) In any case in which the Secretary provides prerelease 
employment training directly by agreement with the State concerned, the 
State shall--
            (A) be liable for any loss or damage to Federal Government 
        property that may result from, or in connection with, the 
        provision of the training except to the extent that the loss or 
        damage results from a wrongful act or omission of Federal 
        Government personnel; and
            (B) hold harmless and indemnify the United States from and 
        against any suit, claim, demand, action, or liability arising 
        out of any claim for personal injury or property damage that 
        may result from, or in connection with, the provision of the 
        training except to the extent that the personal injury or 
        property damage results from a wrongful act or omission of 
        Federal Government personnel.
    (f) Report.--Not later than two years after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
evaluating the success of the demonstration project and containing such 
recommendations with regard to the termination, continuation, or 
expansion of the demonstration project as the Secretary considers 
appropriate.

            Subtitle G--Discrimination and Sexual Harassment

SEC. 1056. DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON 
              DISCRIMINATION AND SEXUAL HARASSMENT.

    (a) Military Department Policies.--(1) Subject to paragraph (2), 
the Secretary of the Navy and the Secretary of the Air Force shall 
review and revise the regulations of the Department of the Navy and the 
Department of the Air Force, respectively, relating to equal 
opportunity policy and complaint procedures to ensure that the such 
regulations are substantially equivalent to the regulations of the Army 
on such matters.
    (2) In revising regulations pursuant to paragraph (1), the 
Secretary of the Navy or the Secretary of the Air Force, as the case 
may be, may make such additions and modifications as the Secretary of 
Defense determines appropriate to strengthen the regulations beyond the 
substantial equivalent of the Army regulations in accordance with--
            (A) the recommendations of the Department of Defense Task 
        Force on Discrimination and Sexual Harassment; and
            (B) the experience of the Army, Navy, Air Force, and Marine 
        Corps regarding equal opportunity cases.
    (3) The Secretary of the Army shall review the regulations of the 
Department of the Army relating to equal opportunity policy and 
complaint procedures and revise the regulations as the Secretary of 
Defense considers appropriate to strengthen the regulations in 
accordance with the recommendations and experience described in 
subparagraphs (A) and (B) of paragraph (2).
    (b) Requirements Regarding Report of Task Force on Discrimination 
and Sexual Harassment.--(1) The Department of Defense Task Force on 
Discrimination and Sexual Harassment shall transmit the report of the 
task force to the Secretary of Defense not later than October 1, 1994.
    (2) The Secretary of Defense shall transmit to Congress the report 
of the task force not later than October 10, 1994.
    (3) Not later than 45 days after receiving the report, the 
Secretary of Defense shall--
            (A) review the recommendations for action contained in such 
        report;
            (B) determine which recommendations the Secretary approves 
        for implementation and which recommendations the Secretary 
        disapproves; and
            (C) submit to Congress a report that--
                    (i) identifies the approved recommendations and the 
                disapproved recommendations; and
                    (ii) explains the reasons for each such approval 
                and disapproval.
    (4) The Secretary of Defense shall implement the approved 
recommendations not later than April 1, 1995.
    (c) The Advisory Board or the investigative capability of the 
Department of Defense should consider and include in its report--
            (1) whether the Department of Defense should establish a 
        separate unit to oversee all matters related to allegations of 
        discrimination or sexual misconduct in the Department of 
        Defense; and
            (2) whether additional data collection and reporting 
        procedures are needed to enhance the ability of the Department 
        of Defense to deal with sexual misconduct.
    (d) The Secretary of Defense shall ensure that regulations 
governing consideration of equal opportunity matters in performance 
evaluations include consideration of an individual's commitment to 
elimination of discrimination or of sexual harassment.

                       Subtitle H--Other Matters

SEC. 1061. REDESIGNATION OF UNITED STATES COURT OF MILITARY APPEALS AND 
              THE COURTS OF MILITARY REVIEW.

    (a) United States Court of Appeals for the Armed Services.--Section 
941 of title 10, United States Code (article 141 of the Uniform Code of 
Military Justice), is amended by striking out ``United States Court of 
Military Appeals'' and inserting in lieu thereof ``United States Court 
of Appeals for the Armed Services''.
    (b) Courts of Military Criminal Appeals.--Section 866 of title 10, 
United States Code (article 66 of the Uniform Code of Military 
Justice), is amended by striking out ``Court of Military Review'' each 
place it appears and inserting in lieu thereof ``Court of Military 
Criminal Appeals''.
    (c) Conforming Amendments to Title 10.--(1) The following sections 
of title 10, United States Code, are amended by striking out ``Court of 
Military Appeals'' each place it appears and inserting in lieu thereof 
``Court of Appeals for the Armed Services'': sections 707(a)(2), 
866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944, 945, and 
946(b)(1).
    (2) The following sections of title 10, United States Code, are 
amended by striking out ``Court of Military Review'' each place it 
appears and inserting in lieu thereof ``Court of Military Criminal 
Appeals'': sections 707(a)(2), 862(b), 867, 868, 869, 870, 871, and 
873.
    (3)(A) The heading of subchapter XII of chapter 47 of such title is 
amended to read as follows:

    ``SUBCHAPTER XII--UNITED STATES COURT OF APPEALS FOR THE ARMED 
                              SERVICES''.

    (B) The table of subchapters at the beginning of chapter 47 of such 
title is amended by striking out the item relating to subchapter XII 
and inserting in lieu thereof the following:

``XII. United States Court of Appeals for the Armed Services 
                            .......941141''.
    (4)(A) The heading of section 866 of such title is amended to read 
as follows:
``Sec. 867. Art. 66. Review by Court of Military Criminal Appeals''.
    (B) The heading of section 867 of such title is amended to read as 
follows:
``Sec. 867. Art. 67. Review by the Court of Appeals for the Armed 
              Services''.
    (C) The table of sections at the beginning of subchapter IX of 
chapter 47 of such title is amended by striking out the items relating 
to sections 866 and 867 (articles 66 and 67) and inserting in lieu 
thereof the following:

``866. 66. Review by Court of Military Criminal Appeals.
``867. 67. Review by the Court of Appeals for the Armed Services.''.
    (d) Conforming Amendments to Other United States Code Titles.--(1) 
The following provisions of the United States Code are amended by 
striking out ``Court of Military Appeals'' each place it appears and 
inserting in lieu thereof ``Court of Appeals for the Armed Services'':
            (A) In title 5, sections 8334(a)(1), 8336(l), 8337(a), 
        8338(c), 8339(d)(7), and 8339(h) and the table in 8334(c).
            (B) In title 18, sections 202(e)(2) and 6001(4).
            (C) In title 28, sections 1259 and 2101(g).
            (D) In title 44, section 906.
    (2)(A) The heading of section 1259 of title 28, United States Code, 
is amended to read as follows:
``Sec. 1259. Court of Appeals for the Armed Services; certiorari''.
    (B) The table of sections at the beginning of chapter 81 of such 
title is amended by striking out the item relating to section 1259 and 
inserting in lieu thereof the following:

``1259. Court of Appeals for the Armed Services; certiorari.''.
    (e) Conforming Amendment to Other Law.--Section 109 of the Ethics 
in Government Act of 1978 (5 U.S.C. App.) is amended by striking out 
``Court of Military Appeals'' each place it appears in paragraphs (8) 
and (10) and inserting in lieu thereof ``Court of Appeals for the Armed 
Services''.

SEC. 1062. ASSISTANCE TO FAMILY MEMBERS OF CERTAIN POW/MIAS WHO REMAIN 
              UNACCOUNTED FOR.

    (a) Single Point of Contact.--The Secretary of Defense shall 
designate an official of the Department of Defense to serve as a single 
point of contact within the department--
            (1) for the immediate family members (or their designees) 
        of any unaccounted-for Korean conflict POW/MIA; and
            (2) for the immediate family members (or their designees) 
        of any unaccounted-for Cold War POW/MIA.
    (b) Functions.--The official designated under subsection (a) shall 
serve as a liaison between the family members of unaccounted-for Korean 
conflict POW/MIAs and unaccounted-for Cold War POW/MIAs and the 
Department of Defense and other Federal departments and agencies that 
may hold information that may related to such POW/MIAs. The functions 
of that official shall include assisting family members--
            (1) with the procedures the family may follow in their 
        search for information about the unaccounted-for Korean 
        conflict POW/MIA or unaccounted-for Cold War POW/MIA, as the 
        case may be;
            (2) in learning where they may locate information about the 
        unaccounted-for POW/MIA; and
            (3) in learning how and where to identify classified 
        records that contain pertinent information and that will be 
        declassified.
    (c) Assistance in Obtaining Declassification.--The official 
designated under subsection (a) shall seek to obtain the rapid 
declassification of any relevant classified records that are 
identified.
    (d) Repository.--The official designated under subsection (a) shall 
provide for a centralized repository for all documents relating to 
unaccounted-for Korean conflict POW/MIAs and unaccounted-for Cold War 
POW/MIAs that are located as a result of the official's efforts.
    (e) Definitions.--For purposes of this section:
            (1) The term ``unaccounted-for Korean conflict POW/MIA'' 
        means a member of the Armed Forces or civilian employee of the 
        United States who, as a result of service during the Korean 
        conflict, was at any time classified as a prisoner of war or 
        missing-in-action or otherwise unaccounted for and whose person 
        or remains have not been returned to the United States and who 
        remains unaccounted for.
            (2) The term ``unaccounted-for Cold War POW/MIA'' means a 
        member of the Armed Forces or civilian employee of the United 
        States who, as a result of service during the period from 
        September 2, 1945, to August 21, 1991, was at any time 
        classified as a prisoner of war or missing-in-action or 
        otherwise unaccounted for and whose person or remains have not 
        been returned to the United States and who remains unaccounted 
        for.
            (3) The term ``Korean conflict'' has the meaning given such 
        term in section 101(9) of title 38, United States Code.

SEC. 1063. NATIONAL GUARD ASSISTANCE FOR CERTAIN YOUTH AND CHARITABLE 
              ORGANIZATIONS.

    (a) Authority To Provide Assistance.--Chapter 5 of title 32, United 
States Code, is amended by adding at the end the following:
``Sec. 508. Assistance for certain youth and charitable organizations
    ``(a) Authority To Provide Services.--Members and units of the 
National Guard may provide the services described in subsection (b) to 
an eligible organization in conjunction with training required under 
this chapter in any case in which--
            ``(1) the provision of such services does not adversely 
        affect the quality of that training or otherwise interfere with 
        the ability of a member or unit of the National Guard to 
        perform the military functions of the member or unit;
            ``(2) the services to be provided are not commercially 
        available, or any commercial entity that would otherwise 
        provide such services has approved, in writing, the provision 
        of such services by the National Guard;
            ``(3) National Guard personnel will enhance their military 
        skills as a result of providing such services; and
            ``(4) the provision of the services will not result in a 
        significant increase in the cost of the training.
    ``(b) Authorized Services.--The services authorized to be provided 
under subsection (a) are as follows:
            ``(1) Ground transportation.
            ``(2) Air transportation in support of Special Olympics.
            ``(3) Administrative support services.
            ``(4) Technical training services.
            ``(5) Emergency medical assistance and services.
            ``(6) Communications services.
            ``(7) Security services.
    ``(c) Other Authorized Assistance.--Facilities and equipment of the 
National Guard, including military property of the United States issued 
to the National Guard and General Services Administration vehicles 
leased to the National Guard, and General Services Administration 
vehicles leased to the Department of Defense, may be used in connection 
with providing services to any eligible organization under this 
section.
    ``(d) Eligible Organizations.--The organizations eligible to 
receive services under this section are as follows:
            ``(1) The Boy Scouts of America.
            ``(2) The Girl Scouts of America.
            ``(3) The Boys Clubs of America.
            ``(4) The Girls Clubs of America.
            ``(5) The Young Men's Christian Association.
            ``(6) The Young Women's Christian Association.
            ``(7) The Civil Air Patrol.
            ``(8) The United States Olympic Committee.
            ``(9) The Special Olympics.
            ``(10) The Campfire Boys.
            ``(11) The Campfire Girls.
            ``(12) The 4-H Club.
            ``(13) The Police Athletic League.
            ``(14) Any other youth or charitable organization 
        designated by the Secretary of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``508. Assistance for certain youth and charitable organizations.''.

SEC. 1064. DEFENSE MAPPING AGENCY.

    (a) Unauthorized Use of Name.--Chapter 167 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2798. Unauthorized use of Defense Mapping Agency name, initials, 
              or seal
    ``(a) No person may, except with the written permission of the 
Secretary of Defense, knowingly use the words `Defense Mapping Agency', 
the initials `DMA', the seal of the Defense Mapping Agency, or any 
colorable imitation of such words, initials, or seal in connection with 
any merchandise, retail product, impersonation, solicitation or 
commercial activity in a manner reasonably calculated to convey the 
impression that such use is approved, endorsed, or authorized by the 
Secretary of Defense.
    ``(b) Whenever it appears to the Attorney General that any person 
is engaged or about to engage in an act or practice which constitutes 
or will constitute conduct prohibited by subsection (a), the Attorney 
General may initiate a civil proceeding in a district court of the 
United States to enjoin such act or practice. Such court shall proceed 
as soon as practicable to hearing and determination of such action and 
may, at any time before such final determination, enter such 
restraining orders or prohibitions, or take such other action as is 
warranted, to prevent injury to the United States or to any person or 
class of persons for whose protection the action is brought.''.
    (b) Limitation on Liability Relating to Navigational Aids.--Chapter 
167 of such title, as amended by subsection (a), is further amended by 
adding at the end the following new section:
``Sec. 2799. Civil actions barred
    ``(a) Claims Barred.--No civil action may be brought against the 
United States on the basis of the content of a navigational aid 
prepared or disseminated by the Defense Mapping Agency.
    ``(b) Navigational Aids Covered.--Subsection (a) applies with 
respect to a navigational aid in the form of a map, a chart, or a 
publication and any other form or medium of product or information in 
which the Defense Mapping Agency prepares or disseminates navigational 
aids.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2798. Unauthorized use of Defense Mapping Agency name, initials, or 
                            seal.
``2799. Civil actions barred.''.
    (d) Effective Date.--Section 2799 of title 10, United States Code, 
as added by subsection (b), shall take effect on the date of the 
enactment of this Act and shall apply with respect to (1) civil actions 
brought before such date that are pending adjudication on such date, 
and (2) civil actions brought on or after such date.

SEC. 1065. TRANSFER OF NAVAL VESSELS TO BRAZIL.

    (a) Authority.--The Secretary of the Navy is authorized to transfer 
to the Government of Brazil the ``KNOX'' class frigates, MILLER (FF 
1091) and VALDEZ (FF 1096). Such transfers shall be on a lease basis 
under chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et 
seq.).
    (b) Waiver of Requirements for Notification to Congress.--Section 
62 of the Arms Export Control Act does not apply with respect to a 
lease authorized by subsection (a), except that section 62 of such Act 
shall apply to any renewal of the lease.
    (c) Costs of Transfers.--Any expense of the United States in 
connection with a transfer authorized by subsection (a) shall be 
charged to the Government of Brazil.
    (d) Expiration of Authority.--The authority granted by subsection 
(a) shall expire at the end of the 2-year period beginning on the date 
of the enactment of this Act, except that leases entered into during 
that period may be renewed.

SEC. 1066. TRANSFERS OF M1A1 TANKS TO THE MARINE CORPS.

    (a) Transfer Required.--Subject to subsection (b), as M1A1 tanks of 
the Army become excess to the requirements of the active component of 
the Army, the Secretary of the Army shall transfer to the Marine Corps, 
at no expense to the Army, as many of such tanks as are necessary to 
satisfy the requirements of the Marine Corps for tanks, as determined 
by the Secretary of Defense.
    (b) Transfer Limits.--The Secretary of the Army shall transfer 
under subsection (a) 84 M1A1 tanks selected by the Secretary of the 
Army.
    (c) Exclusion of Certain Transfers.--If any of the tanks 
transferred under subsection (a) are transferred to the Marine Corps 
Reserve, the number of tanks not in excess of 48 that are so 
transferred shall not be counted for purposes of subsection (b).
    (d) Limitation on Transfers to Army National Guard.--After the date 
of the enactment of this Act, the Secretary of the Army shall transfer 
not more than one M1A1 tank to the National Guard for each M1A1 tank 
transferred to the Marine Corps until the Secretary has transferred the 
total number of tanks required in subsection (b). The tanks transferred 
to the Marine Corps shall be in a material condition comparable to the 
material condition of the tanks transferred to the National Guard.
    (e) Treatment of Certain Transferred Tanks Under Limitations.--The 
transfer of a tank under section 112 shall not be counted for purposes 
of subsection (a), (b), (c), or (d).

SEC. 1067. LIMITATION REGARDING MERGER OF TELECOMMUNICATIONS SYSTEMS.

    (a) Limitation.--Funds available to the Department of Defense may 
not be expended to merge defense telecommunications systems with the 
telecommunications system known as ``FTS-2000'' or with any other civil 
telecommunications system until--
            (1) the Secretary of Defense submits to the congressional 
        defense committees a report containing--
                    (A) a certification by the Secretary that the 
                merged telecommunications systems, including the 
                associated services, will provide assured, secure 
                telecommunications support for Department of Defense 
                activities; and
                    (B) a description of how the merger of the systems 
                will be implemented and the merged systems will be 
                managed to meet defense information infrastructure 
                requirements, including requirements to support 
                deployed forces and intelligence activities; and
            (2) 30 days elapse after the date on which such report is 
        received by the committees.
    (b) Defense Telecommunications Activity Defined.--In this section, 
the term ``defense telecommunications system'' means a system of 
telecommunications equipment and services that, pursuant to section 
2315 of title 10, United States Code, is exempt from the requirements 
of section 111 of the Federal Property and Administrative Services Act 
of 1949.

SEC. 1068. ACQUISITION OF STRATEGIC SEALIFT SHIPS.

    (a) Amount for Shipbuilding and Conversion.--Notwithstanding 
section 102(3), there is hereby authorized to be appropriated for the 
Navy for fiscal year 1995, $5,532,007,000 for procurement for 
shipbuilding and conversion.
    (b) National Defense Sealift Fund.--Notwithstanding section 302(2), 
there is hereby authorized to be appropriated for the Armed Forces and 
other activities and agencies of the Department of Defense $828,600,000 
for providing capital for the National Defense Sealift Fund.

SEC. 1069. REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT 
              RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW CONCERNING 
              MISSING PERSONS.

    (a) Findings.--Congress makes the following findings:
            (1) The families of American personnel who became prisoners 
        of war or missing in action while serving in the Armed Forces 
        of the United States and national veterans organizations have 
        expressed concern to Congress for several years regarding 
        provisions of chapter 10 of title 37, United States Code, 
        relating to missing persons, that authorize the Secretaries of 
        the military departments to declare missing Armed Forces 
        personnel dead based solely on the passage of time.
            (2) Proposed legislation concerning revisions to those 
        provisions of law has been pending before Congress for several 
        years.
            (3) It is important for Congress to obtain the views of the 
        Secretary of Defense with respect to the appropriateness of 
        revising those provisions of law before acting further on 
        proposed amendments to such provisions.
    (b) Recommendations Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretaries of the military departments, the 
national POW/MIA family organizations, and the national veterans 
organizations, shall--
            (1) conduct a review of the provisions of chapter 10 of 
        title 37, United States Code, relating to missing persons; and
            (2) submit to Congress the Secretary's recommendations as 
        to whether those provisions of law should be amended.

SEC. 1070. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND THE MINISTRY 
              OF NATIONAL DEFENSE OF CHINA ON POW/MIA ISSUES.

    (a) Findings.--Congress makes the following findings:
            (1) The Select Committee on POW/MIA Affairs of the Senate 
        concluded in its final report, dated January 13, 1993, that 
        ``many American POW's had been held in China during the Korean 
        conflict and that foreign POW camps in both China and North 
        Korea were run by Chinese officials'' and, further, that 
        ``given the fact that only 26 Army and 15 Air Force personnel 
        returned from China following the war, the committee can now 
        firmly conclude that the People's Republic of China surely has 
        information on the fate of other unaccounted for American POW's 
        from the Korean conflict.''.
            (2) The Select Committee on POW/MIA Affairs recommended in 
        such report that ``the Department of State and Defense form a 
        POW/MIA task force on China similar to Task Force Russia.''.
            (3) Neither the Department of Defense nor the Department of 
        State has held substantive discussions with officials from the 
        People's Republic of China concerning unaccounted for American 
        prisoners of war of the Korean conflict.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should establish contact with officials of the 
Ministry of Defense of the People's Republic of China regarding 
unresolved issues relating to American prisoners of war and American 
personnel missing in action as a result of the Korean conflict.

SEC. 1071. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED 
              STATES PERSONNEL FROM THE KOREAN CONFLICT, AND THE COLD 
              WAR.

    Section 1082 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401 note) is 
amended--
            (1) in subsection (a), by striking out paragraph (2) and 
        inserting in lieu thereof the following:
    ``(2) Paragraph (1) applies to any record, live-sighting report, or 
other information in the custody of the official custodian referred to 
in subsection (d)(3) that may pertain to the location, treatment, or 
condition of (i) United States personnel who remain not accounted for 
as a result of service in the Armed Forces of the United States or 
other Federal Government service during the Korean conflict, the 
Vietnam era, or the Cold War, or (ii) their remains.'';
            (2) in subsection (c)--
                    (A) by striking out the first sentence in paragraph 
                (1) and inserting in lieu thereof the following: ``In 
                the case of records or other information originated by 
                the Department of Defense, the official custodian shall 
                make such records and other information available to 
                the public pursuant to this section not later than 
                September 30, 1995.'';
                    (B) in paragraph (2), by striking out ``after March 
                1, 1992,''; and
                    (C) in paragraph (3), by striking out ``a Vietnam-
                era POW/MIA who may still be alive in Southeast Asia,'' 
                and inserting in lieu thereof ``any United States 
                personnel referred to in subsection (a)(2) who remain 
                not accounted for but who may still be alive in 
                captivity,'';
            (3) by striking out subsection (d) and inserting in lieu 
        thereof the following:
    ``(d) Definitions.--For purposes of this section:
            ``(1) The terms `Korean conflict' and `Vietnam era' have 
        the meanings given those terms in section 101 of title 38, 
        United States Code.
            ``(2) The term `Cold War' shall have the meaning determined 
        by the Secretary of Defense.
            ``(3) The term `official custodian' means--
                    ``(A) in the case of records, reports, and 
                information relating to the Korean conflict or the Cold 
                War, the Archivist of the United States; and
                    ``(B) in the case of records, reports, and 
                information relating to the Vietnam era, the Secretary 
                of Defense.''; and
            (4) by striking out the section heading and inserting in 
        lieu thereof the following new section heading:

``SEC. 1082. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR 
              UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN 
              CONFLICT, AND THE VIETNAM ERA.''.

SEC. 1072. REQUIREMENT FOR CERTIFICATION BY SECRETARY OF DEFENSE 
              CONCERNING DECLASSIFICATION OF VIETNAM-ERA POW/MIA 
              RECORDS.

    (a) Findings.--Congress makes the following findings:
            (1) The Senate, by Senate Resolution 324, 102d Congress, 2d 
        session, agreed to on July 2, 1992, unanimously requested the 
        President to ``expeditiously issue an Executive Order requiring 
        all executive branch departments and agencies to declassify and 
        publicly release without compromising United States national 
        security all documents, files, and other materials pertaining 
        to POW's and MIA's.''.
            (2) The President, in an executive order dated July 22, 
        1992, ordered declassification of all United States Government 
        documents, files, and other materials pertaining to American 
        personnel who became prisoners of war or missing in action in 
        Southeast Asia.
            (3) The President stated on Memorial Day of 1993 that all 
        such documents, files, and other materials pertaining to the 
        personnel covered by that executive order should be 
        declassified by Veterans Day of 1993.
            (4) The President declared on Veterans Day of 1993 that all 
        such documents, files, and other materials had been 
        declassified.
            (5) Nonetheless, since that Veterans Day declaration in 
        1993, there have been found still classified more United States 
        Government documents, files, and other materials pertaining to 
        American personnel who became prisoners of war or missing in 
        action in Southeast Asia.
    (b) Review and Certification.--Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense shall--
            (1) conduct a review to determine whether there continue to 
        exist in classified form documents, files, or other materials 
        pertaining to American personnel who became prisoners of war or 
        missing in action in Southeast Asia that should be declassified 
        in accordance with Senate Resolution 324, 102d Congress, 2d 
        session, agreed to on July 2, 1992, and the executive order of 
        July 22, 1992; and
            (2) certify to Congress that all documents, files, and 
        other materials pertaining to such personnel have been 
        declassified and specify in the certification the date on which 
        the declassification was completed.

SEC. 1073. INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES 
              PERSONNEL OF THE VIETNAM CONFLICT.

    Not later than 45 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress the following 
information pertaining to United States personnel involved in the 
Vietnam conflict that remain not accounted for:
            (1) A complete listing by name of all such personnel about 
        whom it is possible that officials of the Socialist Republic of 
        Vietnam can produce additional information or remains that 
        could lead to the maximum possible accounting for those 
        personnel, as determined on the basis of all information 
        available to the United States Government.
            (2) A complete listing by name of all such personnel about 
        whom it is possible that officials of the Lao People's 
        Democratic Republic can produce additional information or 
        remains that could lead to the maximum possible accounting for 
        those personnel, as determined on the basis of all information 
        available to the United States Government.

SEC. 1074. REPORT ON POW/MIA MATTERS CONCERNING NORTH KOREA.

    (a) Findings.--Congress makes the following findings:
            (1) The Select Committee on POW/MIA Affairs of the Senate 
        concluded in its final report, dated January 13, 1994, that 
        ``it is likely that a large number of possible MIA remains can 
        be repatriated and several records and documents on unaccounted 
        for POW's and MIA's can be provided from North Korea once a 
        joint working level commission is set up under the leadership 
        of the United States.''.
            (2) The Select Committee recommended in such report that 
        ``the Departments of State and Defense take immediate steps to 
        form this commission through the United Nations Command at 
        Panmunjom, Korea'' and that the ``commission should have a 
        strictly humanitarian mission and should not be tied to 
        political developments on the Korean peninsula.''.
            (3) In August 1993, the United States and North Korea 
        entered into an agreement concerning the repatriation of 
        remains of United States personnel.
            (4) The establishment of a joint working level commission 
        with North Korea could enhance the prospects for results under 
        the August 1993 agreement.
    (b) Report.--The Secretary of Defense shall--
            (1) at the end of January, May, and September of 1995, 
        submit a report to Congress on the status of efforts to obtain 
        information from North Korea concerning United States personnel 
        involved in the Korean conflict who remain not accounted for 
        and to obtain from North Korea any remains of such personnel; 
        and
            (2) actively seek to establish a joint working level 
        commission with North Korea, consistent with the 
        recommendations of the Select Committee on POW/MIA Affairs of 
        the Senate set forth in the final report of the committee, 
        dated January 13, 1993, to resolve the remaining issues 
        relating to United States personnel who became prisoners of war 
        or missing in action during the Korean conflict.

SEC. 1075. 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. 1076. 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 institution of 
higher education 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. 1077. STUDY ON CONVERGENCE OF GEOSAT AND EOS ALTIMETRY PROGRAMS.

    (a) Requirement.--The Secretary of the Navy and the Administrator 
of the National Aeronautics and Space Administration shall jointly 
conduct a study on the convergence of the National Aeronautics and 
Space Administration Earth Observing System Altimetry mission with the 
Navy Geosat Follow-On program. The study shall assess whether a 
converged system, which may involve minor modifications to the Geosat 
Follow-On satellite, could--
            (1) satisfy the needs of the Earth Observing System program 
        for altimetry data;
            (2) reduce the expenses of the National Aeronautics and 
        Space Administration in satisfying such needs;
            (3) be available in time to serve as the follow-on to the 
        Topex/Poseidon mission; and
            (4) continue to meet the requirements of the Navy for 
        altimetry data at no additional cost to the Navy.
    (b) Consultation.--In concluding the study, the Secretary and the 
Administrator shall consult with appropriate members of the scientific 
community.
    (c) Report.--The Secretary and the Administrator shall submit to 
the Committees on Armed Services, Commerce, Science, and Transportation 
and the Committees on Armed Services and Science, Space, and Technology 
of the House of Representatives a report on the results of the study 
conducted under subsection (a), together with the recommendations of 
the Secretary and the Administrator thereon. The Secretary and the 
Administrator shall submit not later than February 15, 1995.

SEC. 1078. VISAS FOR OFFICIALS OF TAIWAN.

    Section 4(b)(6) of the Taiwan Relations Act (22 U.S.C. 3302(b)(6)) 
is amended--
            (1) by inserting ``(A)'' immediately after ``(6)''; and
            (2) by adding at the end the following:
            ``(B) Whenever the president of Taiwan or any other high-
        level official of Taiwan shall apply to visit the United States 
        for the purposes of discussions with United States Federal or 
        State government officials concerning:
                    ``(i) Trade or business with Taiwan that will 
                reduce the United States-Taiwan trade deficit;
                    ``(ii) Prevention of nuclear proliferation;
                    ``(iii) Threats to the national security of the 
                United States;
                    ``(iv) The protection of the global environment;
                    ``(v) The protection of endangered species; or
                    ``(vi) Regional humanitarian disasters.
        The official shall be admitted to the United States, unless the 
        official is otherwise excludable under the immigration laws of 
        the United States.''.

SEC. 1079. SENSE OF THE SENATE CONCERNING PARTICIPATION IN ALLIED 
              DEFENSE COOPERATION.

    It is the sense of the Senate that the President should use 
existing authorities to the greatest extent possible to authorize the 
provision of the following types of assistance and cooperation to 
countries like Poland, Hungary and the Czech Republic who are making 
significant progress in working with NATO--
            (1) Excess defense articles as defined in the Foreign 
        Assistance Act of 1961 and the Arms Control Export Act;
            (2) Loan materials, supplies and equipment for research and 
        development purposes;
            (3) Leases and loans of major defense equipment and other 
        defense articles;
            (4) Cooperative military airlift agreements;
            (5) The procurement of communications support and related 
        supplies and services;
            (6) Actions to standardize equipment with North Atlantic 
        Treaty Organization members.

SEC. 1080. INTERAGENCY PLACEMENT PROGRAM FOR FEDERAL EMPLOYEES AFFECTED 
              BY REDUCTION IN FORCE ACTIONS.

    (a) Study and Report.--(1) No later than 6 months after the date of 
the enactment of this Act, the Office of Personnel Management, in 
consultation with the Department of Defense, shall conduct a study and 
submit a report to the Congress on--
            (A) the feasibility of establishing a mandatory interagency 
        placement program for Federal employees affected by reduction 
        in force actions; and
            (B) any action taken by the Office of Personnel Management 
        under subsection (b).
    (2) In conducting the study under this section, the Office of 
Personnel Management, in consultation with the Department of Defense, 
shall seek comments from all Federal agencies.
    (b) Agreements To Establish Interagency Placement Program.--(1) If, 
during the 6-month period after the date of the enactment of this Act, 
the Office of Personnel Management, in consultation with the Department 
of Defense, determines that a Government-wide interagency placement 
program for Federal employees affected by reduction in force actions is 
feasible, the Office of Personnel Management may enter into an 
agreement with each agency that agrees to participate, to establish 
such a program. A program established under this subsection shall not 
be required to be an interagency placement program as defined under 
subsection (c)(3).
    (2) If the Office of Personnel Management makes a determination to 
establish a program as provided under paragraph (1), the Office shall 
include in the report submitted under subsection (a) each agency that 
decides not to participate in the program and the reasons of the agency 
for the decision.
    (c) Definitions.--For purposes of this section--
            (1) the term ``agency'' means an ``Executive agency'' as 
        defined under section 105 of title 5, United States Code, and--
                    (A) includes the United States Postal Service and 
                the Postal Rate Commission; and
                    (B) does not include the General Accounting Office;
            (2) the term ``Federal employees affected by reduction in 
        force actions'' means Federal employees who--
                    (A) are scheduled to be separated from service 
                under a reduction in force pursuant to--
                            (i) regulations prescribed under section 
                        3502 of title 5, United States Code; or
                            (ii) procedures established under section 
                        3595 of title 5, United States Code; or
                    (B) are separated from service under such a 
                reduction in force; and
            (3) the term ``interagency placement program'' means a 
        program that provides a system to require the offer of a 
        position in an agency to an employee of another agency affected 
        by a reduction in force action, if--
                    (A) the position cannot be filled through a 
                placement program of the agency in which the position 
                is located;
                    (B) the employee to whom the offer is made is well 
                qualified for the offered position;
                    (C)(i) the classification of the offered position 
                is equal to the classification of the employee's 
                present or last held position; or
                    (ii) the basic rate of pay of the offered position 
                is equal to the basic rate of pay of the employee's 
                present or last held position; and
                    (D) the geographic location of the offered position 
                is within the commuting area of--
                            (i) the residence of the employee; or
                            (ii) the location of the employee's present 
                        or last held position.

SEC. 1081. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.

    (a) Use of Contributions.--Funds received by the United States 
Government from the Federal Republic of Germany as its fair share of 
the costs of the George C. Marshall European Center for Security 
Studies shall be credited to appropriations available to the Department 
of Defense for the George C. Marshall European Center for Security 
Studies. Funds so credited shall be merged with the appropriations to 
which credited and shall be available for the Center for the same 
purposes and the same period as the appropriations with which merged.
    (b) Waiver of Charges.--(1) The Secretary of Defense may waive 
reimbursement of the costs of conferences, seminars, courses of 
instruction, or similar educational activities of the George C. 
Marshall European Center for Security Studies for military officers and 
civilian officials of cooperation partner states of the North Atlantic 
Cooperation Council or the Partnership for Peace if the Secretary 
determines that attendance by such personnel without reimbursement is 
in the national security interest of the United States.
    (2) Costs for which reimbursement is waived pursuant to paragraph 
(1) shall be paid from appropriations available for the Center.

SEC. 1082. 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 90 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 90 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)(1) of such section is amended in the second sentence by 
striking out ``as soon as reasonably practicable'' and inserting in 
lieu thereof ``not later than 90 days''.

SEC. 1083. TRANSFER OF OBSOLETE VESSEL GUADALCANAL.

    (a) Authority.--Notwithstanding subsections (a) and (d) of section 
7306 of title 10, United States Code, but subject to subsections (b) 
and (c) of that section, upon the decommissioning of the USS 
Guadalcanal (LPH 7), the Secretary of the Navy may transfer the 
Guadalcanal to the not-for-profit organization Intrepid Museum 
Foundation, New York, New York.
    (b) Limitations.--The transfer authorized by section (a) may be 
made only if the Secretary determines that the vessel Guadalcanal is of 
no further use to the United States for national security purposes.
    (c) Terms and Conditions.--The Secretary may require such terms and 
conditions in connection with the transfer authorized by this section 
as the Secretary considers appropriate.

SEC. 1084. STUDY OF SPOUSAL ABUSE INVOLVING ARMED FORCES PERSONNEL.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of Defense has sponsored several highly 
        successful programs designed to curtail spousal abuse.
            (2) The readiness of the Armed Forces would be enhanced by 
        eliminating all forms of spousal abuse involving members of the 
        Armed Forces.
            (3) Available data on the frequency and causes of spousal 
        abuse involving members of the Armed Forces is not 
        comprehensive for the Armed Forces.
    (b) Study and Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
conduct a study on spousal abuse involving members of the Armed Forces 
of the United States and submit to Congress a report on the results of 
the study.
    (c) Content of Report.--The report shall contain the following 
matters:
            (1) The frequency of spousal abuse involving members of the 
        Armed Forces.
            (2) A discussion of the possible causes of such spousal 
        abuse.
            (3) A discussion of the procedures followed in responding 
        to incidents of such spousal abuse.
            (4) An analysis of the effectiveness of those procedures.
            (5) A review of the existing programs for curtailing such 
        spousal abuse.
            (6) A strategy for the entire Armed Forces for curtailing 
        spousal abuse involving members of the Armed Forces.

SEC. 1085. REVIEW OF THE PROCEDURES USED BY DEPARTMENT OF DEFENSE 
              INVESTIGATIVE ORGANIZATIONS WHEN CONDUCTING AN 
              INVESTIGATION INTO THE DEATH OF A MEMBER OF THE ARMED 
              FORCES WHO, WHILE SERVING ON ACTIVE DUTY, DIED FROM A 
              CAUSE DETERMINED TO BE SELF-INFLICTED.

    Sense of Congress.--It is the Sense of Congress that, upon receipt 
of the report required by section 1185 of the National Defense 
Authorization Act for Fiscal Year 1994, the Senate Committee on Armed 
Services should review that report and hold hearings related to the 
procedures employed by Department of Defense investigative 
organizations when conducting an investigation into the death of a 
member of the Armed Services who, while serving on active duty, died 
from a cause determined to be self-inflicted.

SEC. 1086. PUBLIC EDUCATION FACILITY OF THE ARMED FORCES INSTITUTE OF 
              PATHOLOGY.

    (a) Purpose.--It is the purpose of this section to--
            (1) display and interpret the collections of the Armed 
        Forces Institute of Pathology currently located at Walter Reed 
        Medical Center; and
            (2) designate a site for the relocation of the public 
        education facility of the Armed Forces Institute of Pathology 
        so that it may serve as a central resource of instruction about 
        the critical health issues which confront all American 
        citizens.
    (b) Site of Facility.--The public education facility of Armed 
Forces Institute of Pathology shall be located on or near the Mall on 
land owned by the Federal Government or the District of Columbia in the 
District of Columbia.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as limiting the authority or responsibilities of the National 
Capital Planning Commission or the Commission of Fine Arts.
    (d) Definition.--As used in this section, the term ``the Mall'' 
means--
            (1) the land designated as ``Union Square'', United States 
        Reservation 6A; and
            (2) the land designated as the ``Mall'', United States 
        Reservations 3, 4, 5, and 6.
    (e) Sense of the Congress.--
            (1) Findings.--Congress finds that--
                    (A) the National Museum of Health and Medicine 
                Foundation, Inc. (a private, nonprofit organization 
                having for its primary purpose the relocation to the 
                Mall and revitalization of the National Museum of 
                Health and Medicine), the Armed Forces Institute of 
                Pathology, and the Public Health Service have jointly 
                supported planning to relocate the Museum to a site on 
                land that is located east of and adjacent to the Hubert 
                H. Humphrey Building (100 Independence Avenue, 
                Southwest, in the District of Columbia); and
                    (B) the National Museum of Health and Medicine 
                Foundation, Inc., is deserving of the encouragement and 
                support of the American people in its effort to 
                relocate the National Museum of Health and Medicine to 
                a site on land the is located east of and adjacent to 
                the Hubert H. Humphrey Building, and in its effort to 
                raise funds for a revitalized Museum to inspire 
                increasing numbers of Americans to lead healthy lives 
                through improved public understanding of health and the 
                medical sciences.
            (2) Location.--It is the sense of the Congress that, 
        subject to appropriate approvals by the National Capital 
        Planning Commission and the Commission of Fine Arts, the 
        National Museum of Health and Medicine should be relocated to a 
        site on land that is located east of and adjacent to the Hubert 
        H. Humphrey Building for the purpose of educating the American 
        public concerning health and the medical sciences.

SEC. 1087. ASSIGNMENTS OF EMPLOYEES BETWEEN FEDERAL AGENCIES AND 
              FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    (a) Authority.--Section 3371(4) of title 5, United States Code, is 
amended--
            (1) by striking out ``or'' at the end of subparagraph (B);
            (2) by striking out the period at the end of subparagraph 
        (C) and inserting in lieu thereof ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) a federally funded research and development 
                center.''.
    (b) Provisions Governing Assignments.--Section 3372 of title 5, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(e) Under regulations prescribed pursuant to section 3376 of this 
title--
            ``(1) an assignment of an employee of a Federal agency to 
        an other organization or an institution of higher education, 
        and an employee so assigned, shall be treated in the same way 
        as an assignment of an employee of a Federal agency to a State 
        or local government, and an employee so assigned, is treated 
        under the provisions of this subchapter governing an assignment 
        of an employee of a Federal agency to a State or local 
        government, except that the rate of pay of an employee assigned 
        to a federally funded research and development center may not 
        exceed the rate of pay that such employee would be paid for 
        continued service in the position in the Federal agency from 
        which assigned; and
            ``(2) an assignment of an employee of an other organization 
        or an institution of higher education to a Federal agency, and 
        an employee so assigned, shall be treated in the same way as an 
        assignment of an employee of a State or local government to a 
        Federal agency, and an employee so assigned, is treated under 
        the provisions of this subchapter governing an assignment of an 
        employee of a State or local government to a Federal agency.''.

SEC. 1088. BOSNIA AND HERZEGOVINA.

        (a) Purpose.--To express the sense of Congress concerning the 
international efforts to end the conflict in Bosnia and Hercegovina.
    (b) Statements.--The Congress makes the following statements of 
support:
            (1) The Congress supports the use of international 
        sanctions in the form of arms and economic embargoes imposed by 
        the United Nations Security Council in appropriate 
        circumstances.
            (2) The Congress supports the imposition of an arms and 
        economic embargo on the Government of Iraq by United Nations 
        Security Council resolution 661 of August 6, 1990 to bring 
        about compliance with a number of conditions, including in 
        particular an end to Iraq's nuclear weapons program.
            (3) The Congress supports the imposition of an arms, 
        petroleum and economic embargo on Haiti by United Nations 
        Security Council resolutions 875 of October 16, 1993 and 917 of 
        May 17, 1994 to bring about compliance with the Governors 
        Island Agreement.
            (4) The Congress supports the imposition of an arms and 
        civil aircraft embargo on Libya pursuant to United Nations 
        Security Council resolution 748 of March 31, 1992 in order to 
        convince Libya to renounce terrorism.
    (c) Findings.--The Congress makes the following findings:
            (1) The United States took the lead in the United Nations 
        Security Council to impose international sanctions in the form 
        of arms and economic embargoes on Iraq, Haiti, and Libya.
            (2) The security of the Republic of Korea with whom the 
        United States has a mutual defense treaty and on whose 
        territory there are more than 38,000 members of the United 
        States Armed Forces is a vital interest of the United States.
            (3) Should negotiations fail, the imposition of sanctions 
        by the United Nations Security Council on North Korea, which 
        would require the affirmative vote or abstention of China, 
        Russia, Britain, and France, may be essential to stop North 
        Korea's nuclear weapons development program and to end a 
        nuclear threat to the Republic of Korea and Southeast Asia.
            (4) The effective enforcement of sanctions on North Korea, 
        once imposed by the United Nations Security Council, would 
        require the cooperation of China, Russia, and Japan as well as 
        other allies, including Britain and France, both permanent 
        members of the United Nations Security Council.
            (5) The United States voted for the international arms 
        embargo imposed by United Nations Security Council resolution 
        713 of September 25, 1991 that was imposed on Yugoslavia.
            (6) The imposition of the United Nations arms embargo on 
        September 25, 1991 has not served to end the conflict in Bosnia 
        and Hercegovina, has provided a battlefield advantage to the 
        Bosnian Serbs, who possess artillery, tanks, and other weapons 
        left behind by the former Yugoslav Army or provided by Serbia 
        and Montenegro, and has deprived the Government of Bosnia and 
        Hercegovina from acquiring the adequate means of defending 
        itself and its citizens.
            (7) Our NATO allies have committed ground forces to the 
        United Nations Protection Force (UNPROFOR) in former 
        Yugoslavia. At the present time France has 5,518 troops, 
        Britain 3,435, the Netherlands 2,073, Canada 2,037, Turkey 
        1,696, Spain 1,417, and Belgium 1,000. Our NATO allies have 
        thus far sustained 49 deaths and 936 wounded as a result of 
        their participation in UNPROFOR.
            (8) For the first time the so-called ``contact group'' 
        composed of representatives of the United States, Russia, 
        France and Britain is moving toward a unified position of using 
        an incentives and disincentives ``carrot and stick'' strategy 
        to bring about a peaceful settlement of the conflict in Bosnia 
        and Hercegovina.
    (d) It is the sense of the Congress that the United States should 
work with the NATO Member nations and the other permanent members of 
the United Nations Security Council to endorse the efforts of the 
contact group to bring about a peaceful settlement of the conflict in 
Bosnia Hercegovina, including the following:
            (A) the preservation of an economically, politically and 
        militarily viable Bosnian state capable of exercising its 
        rights under the United Nations Charter as part of a peaceful 
        settlement, the lifting of the United Nations arms embargo on 
        the Government of Bosnia and Hercegovina so that it can 
        exercise the inherent right of a sovereign state to self-
        defense;
            (B) if the Bosnian Serbs, while the contact group's peace 
        proposal is being considered and discussed, attack the safe 
        areas designated by the United Nations Security Council, the 
        partial lifting of the arms embargo on the Government of Bosnia 
        and Hercegovina and the provision to that Government of 
        defensive weapons and equipment appropriate and necessary to 
        defend those safe areas;
            (C) if the Bosnian Serbs do not respond constructively to 
        the peace negotiations, the President or his representative 
        shall promptly propose or support a resolution in the United 
        Nations Security Council to terminate the intentional arms 
        embargo on Bosnia and Hercegovina (and the orderly withdrawal 
        of the United Nationals Protection Force and humanitarian 
        relief personnel). If the Security Council fails to pass such a 
        resolution, the President shall within 5 days consult with 
        Congress regarding unilateral termination of the arms embargo 
        on the Government of Bosnia and Hercegovina.

SEC. 1089. PROVISION OF INTELLIGENCE AND OTHER ASSISTANCE WHERE DRUG 
              TRAFFICKING THREATENS NATIONAL SECURITY.

    (a) Notwithstanding any other provision of law, it shall not be 
unlawful for authorized employees or agents of a foreign country to 
damage, render inoperative, or destroy an aircraft in that country's 
territory or airspace, or to attempt to do so, if that aircraft is 
reasonably suspected to be primarily engaged in illicit narcotics 
trafficking, provided that the President of the United States prior to 
the actions described in this subparagraph being taken has determined:
            (1) that such actions are necessary because of the 
        extraordinary threat posed by drug trafficking to the national 
        security of that country, and
            (2) that the country has appropriate procedures in place to 
        protect against innocent loss of life in the air and on the 
        ground, which shall at a minimum include effective means to 
        identify and warn aircraft prior to the use of force.
    (b) It shall not be unlawful for authorized employees or agents of 
the United States to provide assistance, including but not limited to 
operational, intelligence, logistical, technical and administration 
assistance, for the actions of foreign countries set forth in 
subsection (a), nor shall the provision of such assistance give rise to 
any civil action seeking money damages or any other form of relief 
against the United States or its agents or employees.

SEC. 1090. ADMINISTRATION OF ATHLETICS PROGRAMS AT THE SERVICE 
              ACADEMIES.

    (a) United States Military Academy.--(1) Chapter 403 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec.  4357. Administration of athletics program
    ``(a) The position of athletic director of the Academy shall be a 
position in the civil service (as defined in section 2101(1) of title 
5). However, a member of the armed forces may fill such position as an 
active duty assignment.
    ``(b) Under regulations prescribed by the Secretary of the Army, 
the Superintendent of the Academy shall establish and administer a 
nonappropriated fund account for the athletics program of the Academy. 
The Superintendent shall credit to such account all revenue received 
from the conduct of the athletics program of the Academy and all 
contributions received for such program.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``4357. Administration of athletics program.''.
    (b) United States Naval Academy.--(1) Chapter 603 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec.  6975. Administration of athletics program
    ``(a) The position of athletic director of the Naval Academy shall 
be a position in the civil service (as defined in section 2101(1) of 
title 5). However, a member of the armed forces may fill such position 
as an active duty assignment.
    ``(b) Under regulations prescribed by the Secretary of the Navy, 
the Superintendent of the Naval Academy shall establish and administer 
a nonappropriated fund account for the athletics program of the Naval 
Academy. The Superintendent shall credit to such account all revenue 
received from the conduct of the athletics program of the Naval Academy 
and all contributions received for such program.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``6975. Administration of athletics program.''.
    (c) United States Air Force Academy.--(1) Chapter 903 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec.  9356. Administration of athletics program
    ``(a) The position of athletic director of the Academy shall be a 
position in the civil service (as defined in section 2101(1) of title 
5). However, a member of the armed forces may fill such position as an 
active duty assignment.
    ``(b) Under regulations prescribed by the Secretary of the Air 
Force, the Superintendent of the Academy shall establish and administer 
a nonappropriated fund account for the athletics program of the 
Academy. The Superintendent shall credit to such account all revenue 
received from the conduct of the athletics program of the Academy and 
all contributions received for such program.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``9356. Administration of athletics program.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 240 days after the date of the enactment of this Act.

SEC. 1091. REVIEW OF THE BOTTOM UP REVIEW AND THE FUTURE YEAR DEFENSE 
              PROGRAM AND ESTABLISHMENT OF NEW FUNDING REQUIREMENTS AND 
              PRIORITIES.

    (a) Findings.--Congress finds as follows:
            (1) Whereas the Administration commissioned the Bottom Up 
        Review to properly structure the Armed Forces of the United 
        States for the Post-Cold War Era;
            (2) Whereas the Secretary of Defense has testified that the 
        Department of Defense's Future Years Defense Program includes 
        $20 billion more in program funding requests during fiscal 
        years 1996 through 1999 than the defense funding levels in the 
        Administration's budget can support;
            (3) Whereas, the Secretary of the Navy has testified that 
        the Department of the Navy will only operate 330 ships rather 
        than the 346 ships required by the Bottom Up Review;
            (4) Whereas, in January 1994, in his Annual Report to the 
        President and the Congress, the Secretary of Defense reported 
        that the Air Force will field approximately 100 heavy bombers 
        rather than the 184 required by the Bottom Up Review;
            (5) Whereas the Department of Defense's plans for a major 
        regional contingency in the Far East call for 5 Army divisions 
        and the plans for a major regional contingency in Southwest 
        Asia call for 7 Army divisions, while the Bottom Up Review 
        plans for an Army of only 10 active divisions;
            (6) Whereas the Administration's budget assumes the 
        Department of Defense will save at least $6 billion from 
        procurement reform;
            (7) Whereas the first and second rounds of the Base 
        Realignment and Closure Commission have not yet achieved the 
        level of savings initially estimated, and the 1995 base closure 
        round may cost significantly more than is assumed in the 
        Administration's budget.
    (b) Sense of Congress.--It is the Sense of Congress:
            (1) that within 30 days after enactment of this 
        legislation, the Secretary of Defense should initiate a review 
        of the assumptions and conclusions of the President's Budget, 
        the Bottom Up Review, and the Future Years Defense Program; and 
        that not more than 180 days after the review is initiated the 
        Secretary of Defense should submit to the President and to the 
        Congress a report detailing the force structure required for an 
        effective defense of the United States and its vital national 
        interests;
            (2) and that not more than 60 days after receipt of the 
        report described in subsection (b)(1), the President should 
        submit to the Congress a report detailing the steps the 
        President will take to meet the force structure described in 
        subsection (b)(1);
            (3) and that the fiscal year 1996 budget submitted to the 
        Congress by the President should reflect the funding level 
        necessary to support the force structure described in 
        subsection (b)(1).

SEC. 1092. GENOCIDE IN RWANDA.

    (a) Findings.--The Congress finds that--
            (1) since April 6, 1994, elements of the Rwandan government 
        forces, and their allied militias, have organized the massacres 
        of more than 200,000 Rwandan civilians, of both Tutsi and Hutu 
        ethnic origin;
            (2) an estimated 2 million Rwandans have been internally 
        displaced, and at least 500,000 have fled to neighboring 
        countries;
            (3) on April 26, 1994, the Senate agreed to Senate 
        Resolution 207, deploring the massacres and urging prompt 
        resolution of this crisis;
            (4) the potential exists for retaliatory acts to be 
        committed by elements within the Rwandan Patriotic Front 
        against civilians;
            (5) on June 8, 1994, the United Nations Security Council 
        expanded and reinforced the United Nations Assistance Mission 
        for Rwanda (UNAMIR) to 5,500 troops with a mandate to protect 
        civilians;
            (6) on June 22, 1994, the United Nations Security Council 
        voted unanimously to support the deployment of military forces 
        from France and Senegal for a temporary operation that would 
        contribute to the security and protection of populations at 
        risk in Rwanda.
    (b) Policy.--The Congress--
            (1) calls upon the President to acknowledge that acts of 
        genocide have been committed in Rwanda;
            (2) urges the President to support the establishment of an 
        impartial commission of experts to examine and analyze the 
        evidence submitted of breaches of the Convention on Genocide, 
        and other grave violations of international humanitarian law, 
        committed in Rwanda;
            (3) commends the Department of Defense for logistical help 
        already provided and urges the Secretary of Defense to further 
        expedite all United States military contributions to the 
        humanitarian effort in Rwanda.
            (4) implores the President to take the lead in the 
        international community to expedite commitments of the 
        necessary resources for, and to organize the speedy training 
        and deployment of, the reinforced UNAMIR operation, with the 
        mandate of protecting civilian populations at risk in Rwanda;
            (5) strongly urges the President and the international 
        community to expedite assistance needed for humanitarian 
        operations in Rwanda, and neighboring states, for the support 
        of Rwandan refugees;
            (6) commends France and Senegal for cooperating with the 
        Secretary General towards the fulfillment of the objectives of 
        the United Nations in Rwanda; and
            (7) urges France and Senegal pursuant to the United Nations 
        Security Council resolution of June 22, 1994, to maintain the 
        humanitarian character of their operation in Rwanda, with the 
        view towards impartiality and neutrality.

SEC. 1093. STUDIES OF HEALTH CONSEQUENCES OF MILITARY SERVICE OR 
              EMPLOYMENT IN SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.

    (a) Epidemiological Study.--
            (1) In general.--The Secretary of Defense shall award a 
        grant under this subsection to one or more non-Federal entities 
        selected for the award under subsection (c). The purpose of a 
        grant is to permit the entity receiving the award to carry out 
        the study described in paragraph (2).
            (2) Nature of study.--The purpose of the study referred to 
        in paragraph (1) is to determine the nature and scope of the 
        illnesses and symptoms suffered by the individuals referred in 
        paragraph (3) as a result of service or employment in the 
        Southwest Asia theater of operations during the Persian Gulf 
        War.
            (3) Individuals covered by study.--Paragraph (2) applies to 
        the following individuals:
                    (A) Individuals who served as members of the Armed 
                Forces in the Southwest Asia theater of operations 
                during the Persian Gulf War.
                    (B) Individuals who were civilian employees of the 
                Department of Defense in that theater during that 
                period.
                    (C) Where appropriate, individuals who were 
                employees of contractors of the Department in that 
                theater during that period.
                    (D) Where appropriate, the spouses and children of 
                individuals described in subparagraph (A).
            (4) Study design.--The study required under this subsection 
        shall be designed--
                    (A) to assess the extent, if any, of the 
                association between--
                            (i) the illnesses and symptoms suffered by 
                        individuals referred to in paragraph (3);
                            (ii) the exposure of the individuals 
                        referred to in subparagraphs (A), (B), and (C) 
                        of that paragraph to chemical and biological 
                        agents, drugs and vaccines, endemic biological 
                        diseases, pesticides, toxins, and other 
                        potentially hazardous materials; and
                            (iii) the experiences of such individuals 
                        with stress-producing battlefield and wartime 
                        conditions;
                    (B) to identify risk factors for predicting the 
                illnesses or symptoms relating to such exposure that 
                will arise within 3 years of the arrival of an 
                individual referred to in subparagraph (A), (B), or (C) 
                of paragraph (3) in the Southwest Asia theater of 
                operations;
                    (C) to determine--
                            (i) the incidence, prevalence, and nature 
                        of the illnesses and symptoms suffered by the 
                        individuals referred to in paragraph (3), 
                        including--
                                    (I) the incidence, prevalence, and 
                                nature of the illnesses and symptoms of 
                                such individuals before the 
                                commencement of the period of the 
                                Persian Gulf War and the incidence, 
                                prevalence, and nature of the illnesses 
                                of such individuals after the end of 
                                that period; and
                                    (II) the incidence, prevalence, and 
                                nature of the illnesses, symptoms, and 
                                birth defects of any children conceived 
                                by such individuals before the 
                                commencement of that period and of any 
                                children conceived by such individuals 
                                during or after the end of that period; 
                                and
                            (ii) the incidence, prevalence, and nature 
                        of illnesses and symptoms of other individuals 
                        or groups of individuals, if any, who may 
                        suffer from an illness or symptom as a result 
                        of the service or employment of any person or 
                        group of persons in the Southwest Asia theater 
                        of operations during the Persian Gulf War; and
                    (D) to evaluate a comparison sample or to 
                evaluation any other matter that the Secretary or the 
                entity determines appropriate to the purposes of the 
                study.
            (5) Reports.--
                    (A) Interim reports.--Not later than each of July 
                1, 1995, and July 1, 1996, the Secretary shall submit 
                to the congressional defense committees and the 
                Committees on Veterans' Affairs of the Senate and the 
                House of Representatives an interim report on the 
                results of the study carried out under this subsection.
                    (B) Final report.--Not later than January 1, 1998, 
                the Secretary shall submit to the committees referred 
                to in subparagraph (A) a final report on the results of 
                the study.
                    (C) Form of reports.--The reports submitted under 
                this paragraph shall be submitted in unclassified form.
    (b) Studies of Health Consequences of Administration of 
Pyridostigmine Bromide.--
            (1) In general.--The Secretary of Defense shall award a 
        grant under this subsection to one or more non-Federal entities 
        selected for the award under subsection (c). The purpose of a 
        grant is to permit the entity receiving the award to carry out 
        a study or studies to determine the following:
                    (A) The long-term health consequences of the 
                administration of pyridostigmine bromide as an antidote 
                enhancer for chemical nerve agent toxicity during the 
                Persian Gulf War.
                    (B) The short-term and long-term health 
                consequences of the administration of pyridostigmine 
                bromide under the chemical nerve agent pretreatment 
                program of the Department of Defense and exposure to 
                pesticides, environmental toxins, and other hazardous 
                substances during battlefield conditions that prevailed 
                in the Southwest Asia theater of operations during the 
                Persian Gulf War.
            (2) Studies.--The Secretary shall provide that an entity 
        awarded a grant under this subsection shall carry out a study 
        described in paragraph (3) or (4).
            (3) Retrospective study.--A study referred to in paragraph 
        (2) is a retrospective study on members of the Armed Forces who 
        served in the Southwest Asia theater of operations during the 
        Persian Gulf War in order to determine the following:
                    (A) The nature of the undiagnosed and chronic 
                illnesses suffered by such members.
                    (B) The degree of association between such 
                illnesses and--
                            (i) use of pyridostigmine bromide over a 
                        short period of time (as determined by the 
                        Secretary) during the Persian Gulf War;
                            (ii) use of pyridostigmine bromide over an 
                        extended period of time (as so determined) 
                        during that war; or
                            (iii) use of no pyridostigmine bromide.
                    (C) The degree of association between--
                            (i) such illnesses;
                            (ii) each extent of use of pyridostigmine 
                        bromide described in subparagraph (B);
                            (iii) receipt of other vaccinations or 
                        medications; and
                            (iv) exposure to pesticides, 
                        organophosphates, or carbamates.
            (4) Animal model study.--A study referred to in paragraph 
        (2) is also a study using appropriate animal research models in 
        order to determine whether use of pyridostigmine bromide in 
        combination with exposure to pesticides or other 
        organophosphates, carbamates, or relevant chemicals results in 
        increased toxicity in animals and is likely to have a similar 
        effect on humans.
            (5) Reports.--
                    (A) Animal study report.--Not later than January 1, 
                1996, the Secretary shall submit to the congressional 
                defense committees and the Committees on Veterans' 
                Affairs of the Senate and the House of Representatives 
                a report on the study carried out under paragraph (4).
                    (B) Interim reports on retrospective study.--Not 
                later than each of July 1, 1995, and July 1, 1996, the 
                Secretary shall submit to the committees referred to in 
                subparagraph (A) an interim report on the results of 
                the study carried out under paragraph (3).
                    (C) Final report on retrospective study.--Not later 
                than January 1, 1998, the Secretary shall submit to the 
                committees referred to in subparagraph (A) a final 
                report on the results of the study carried out under 
                paragraph (3).
                    (D) Form of reports.--The reports submitted under 
                this paragraph shall be submitted in unclassified form.
    (c) Selection of Study Entities.--
            (1) In general.--The Secretary of Defense shall select 
        entities to which to award grants for the studies described in 
        subsections (a) and (b) in accordance with this subsection.
            (2) Submittal of proposals.--An entity seeking to carry out 
        a study under a grant under subsection (a) or (b) shall submit 
        to the Secretary the following proposals:
                    (A) A proposal for a pilot study in order to 
                determine the research design and research instrument 
                to be used in the study.
                    (B) A proposal for the study.
            (3) Independent review.--The Secretary shall ensure that 
        individuals described in paragraph (4)--
                    (A) review each proposal submitted to the Secretary 
                under paragraph (2) for purposes of determining whether 
                or not the proposal--
                            (i) addresses adequately the purposes of 
                        the study; and
                            (ii) meets the technical, scientific, and 
                        peer review requirements that apply to similar 
                        studies carried out under the direction of the 
                        Secretary of Health and Human Services; and
                    (B) submit to the Secretary recommendations for the 
                selection by the Secretary of one or more entities to 
                carry out the study.
            (4) Reviewing individuals.--Individuals referred to in 
        paragraph (3) are any individuals who, as determined by the 
        Secretary--
                    (A) are not employees of the Federal Government;
                    (B) have an expertise in epidemiology, toxicology, 
                neurology, biology, biostatistics, post-traumatic 
                stress disorder, or public health; and
                    (C) have no financial relationship with the 
                Department of Defense or with any chemical company or 
                pharmaceutical company whose productions may be 
                addressed in the study.
            (5) Selection.--The Secretary shall--
                    (A) select the entities that will carry out the 
                studies described under subsections (a) and (b) from 
                among the entities recommended for such selection under 
                paragraph (3); and
                    (B) award such entities grants under the 
                appropriate subsection.
    (d) Performance of Studies.--
            (1) Pilot studies.--
                    (A) Implementation.--An entity to which the 
                Secretary awards a grant for a study under subsection 
                (a) or (b) shall carry out the pilot study for such 
                study in accordance with the proposal for the pilot 
                study submitted to the Secretary under subsection 
                (c)(2)(A).
                    (B) Response to results.--If an entity determines 
                as a result of a pilot study under subparagraph (A) 
                that revisions to the study proposed by the entity are 
                necessary in order to meet the purposes of the study 
                under this section, the entity shall submit to the 
                Secretary a proposal for such revisions to the study.
                    (C) Final approval.--The Secretary shall--
                            (i) review any revisions to a proposal to a 
                        study that are submitted to the Secretary under 
                        subparagraph (B); and
                            (ii) approve the proposal for the study, as 
                        so revised, if the Secretary determines that 
                        the proposal meets the purposes of the study 
                        under this section.
            (2) Studies.--An entity to which the Secretary awards a 
        grant for a study under subsection (a) or (b) shall carry out 
        the study in accordance the proposal for the study under this 
        section.
    (e) Consultation.--The Secretary of Defense shall carry out this 
section in consultation with the Secretary of Veterans Affairs, the 
Secretary of Health and Human Services, the Administrator of the 
Environmental Protection Agency, the head of the Medical Follow-Up 
Agency of the Institute of Medicine, and the heads of other appropriate 
departments and agencies of the Federal Government.
    (f) Funding.--Of the amount authorized to be appropriated pursuant 
to section 201, $10,000,000 shall be available for purposes of awarding 
grants for the studies described in subsections (a) and (b). Such funds 
shall be available for such purpose until expended.
    (g) Definition.--In this section, the term ``Persian Gulf War'' has 
the meaning given such term in section 101(33) of title 38, United 
States Code.

SEC. 1094. GRANTS FOR RESEARCH INTO THE HEALTH CONSEQUENCES OF THE 
              PERSIAN GULF WAR.

    (a) In General.--(1) The Secretary of Defense shall award grants to 
appropriate non-governmental entities for purposes of permitting such 
entities to carry out research to determine--
            (A) the nature and causes of any illnesses suffered by the 
        individuals referred to in paragraph (2) as a result of service 
        or employment in the Southwest Asia theater of operations 
        during the Persian Gulf War;
            (B) the methods of transmission, if any, of such illnesses 
        from such individuals to other individuals; and
            (C) the appropriate treatment for such illnesses.
    (2) The individuals referred to in paragraph (1)(A) are the 
following individuals:
            (i) Individuals who served as members of the Armed Forces 
        in the Southwest Asia theater of operations during the Persian 
        Gulf War.
            (ii) Civilian employees of the Department of Defense who 
        were employed by the Department in that theater of operations 
        during that period.
            (iii) Employees of contractors of the Department who were 
        employed in that theater of operations during that period.
            (iv) The spouses and children of the individuals referred 
        to in clauses (i) through (iii).
    (3) In carrying out research under this section, such entities 
shall give particular consideration to the following:
            (A) Illnesses or other effects associated with exposure to 
        depleted uranium particles, mycotoxins, genetically-altered 
        organisms, petrochemical toxicity, pesticide poisoning, anthrax 
        vaccines, botulinum toxoids, and other chemical hazards and 
        agents.
            (B) Endemic viral, fungal, bacterial, and rickettsial 
        diseases (including diseases arising from biological warfare 
        activities).
            (C) Illnesses or other effects associated with ingestion of 
        silica or sand.
            (D) Assessment of risks to reproductive capacity arising 
        from the illnesses and diseases referred to in subparagraphs 
        (A) through (C).
            (E) Pediatric disorders.
            (F) Birth deficiencies.
            (G) Post-traumatic stress disorder.
            (H) Somatoform disorders.
            (I) Chronic fatigue syndrome.
            (J) Multiple chemical sensitivities.
    (b) Award Process.--(1) The Secretary of Defense shall award grants 
under this section in consultation with the Secretary of Health and 
Human Services.
    (2) An entity seeking a grant under this section to carry out the 
research described in subsection (a)(1) shall submit to the Secretary a 
proposal for the research.
    (3) The Secretary shall ensure that appropriate individuals who are 
not employees of the Federal Government--
            (A) review each proposal submitted to the Secretary under 
        paragraph (2) for purposes of determining that the proposal--
                    (i) addresses adequately the purposes of the 
                research for which the proposal is submitted; and
                    (ii) meets the technical, scientific, and peer 
                review requirements that apply to similar research 
                carried out under the direction of the Secretary of 
                Health and Human Services; and
            (B) submit to the Secretary recommendations for the 
        selection by the Secretary of one or more entities so 
        determined as recipients of a grant under subsection (a).
    (4) The Secretary shall award grants under this section to entities 
selected by the Secretary for that purpose from among the entities 
identified in the recommendations under paragraph (3)(B).
    (5) In awarding an entity a grant under paragraph (4), the 
Secretary shall ensure that the entity--
            (A) carry out the research covered by the grant in 
        accordance with the proposal submitted to the Secretary under 
        paragraph (2); and
            (B) not expose human beings to hazardous agents or 
        materials as a result of the research.
    (c) Reports.--(1) The Secretary of Defense and the Secretary of 
Health and Human Services shall submit to the congressional defense 
committees and the Committees on Veterans' Affairs of the Senate and 
the House of Representatives a report on the results of any research 
carried out under a grant awarded under this section.
    (2) The Secretary of Defense and the Secretary of Health and Human 
Services shall submit a report under paragraph (1) on each of March 1, 
1995, October 1, 1995, October 1, 1996, and October 1, 1997.
    (3) Each report submitted under this subsection shall be submitted 
in unclassified form.
    (d) Funding.--(1) Of the amount authorized to be appropriated by 
section 201, $10,000,000 shall be available for purposes of awarding 
grants under this section. Such funds shall be available for such 
purpose until expended.
    (2) For each fiscal year in which activities under the study under 
this section will continue, the Secretary of Defense shall provide in 
the documents submitted to Congress in connection with the budget of 
the President for the fiscal year a request for such funds as the 
Secretary determines necessary in order to award grants under this 
section during that fiscal year.

SEC. 1095. COMPATABILITY OF HEALTH REGISTRIES.

    The Secretary of Defense shall take appropriate actions to ensure 
that--
            (1) the data collected by and the testing protocols of the 
        Persian Gulf War Health Surveillance System are compatible with 
        the data collected by and the testing protocols of the Persian 
        Gulf War Veterans Health Registry; and
            (2) information on individuals who register with the 
        Department of Defense is provided to the Department of Veterans 
        Affairs for incorporation into the Persian Gulf War Veterans 
        Health Registry.

SEC. 1096. TECHNICAL AMENDMENTS.

    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) Section 113(e)(2) is amended by striking out ``section 
        104'' and inserting in lieu thereof ``section 108''.
            (2) Section 133a(b) is amended by striking out ``Under 
        Secretary of Defense for Acquisition'' and inserting in lieu 
        thereof ``Under Secretary of Defense for Acquisition and 
        Technology''.
            (3) Section 580a(a) is amended by striking out ``the date 
        of the enactment of this section'' and inserting in lieu 
        thereof ``November 30, 1993,''.
            (4)(A) The section 1058 added by section 554(a) of Public 
        Law 103-160 (107 Stat. 1663) is redesignated as section 1059.
            (B) The item relating to that section in the table of 
        sections at the beginning of chapter 53 is revised to conform 
        to the redesignation made by subparagraph (A).
            (5)(A) The section 1058 added by section 1433(b) of Public 
        Law 103-160 (107 Stat. 1834) is redesignated as section 1060.
            (B) The item relating to that section in the table of 
        sections at the beginning of chapter 53 is revised to conform 
        to the redesignation made by subparagraph (A).
            (6) Section 1141 is amended by striking out ``on or after 
        the date of the enactment of the National Defense Authorization 
        Act for Fiscal Year 1994'' and inserting in lieu thereof 
        ``after November 29, 1993,''.
            (7) Section 1151(h)(3)(B)(v) is amended by inserting 
        ``school'' after ``For the fifth''.
            (8)(A) The heading of section 1482a is amended so that the 
        first letter of the fifth word is lower case.
            (B) The item relating to that section in the table of 
        sections at the beginning of chapter 75 is revised to conform 
        to the amendment made by subparagraph (A).
            (9) Section 2399 is amended--
                    (A) in subsections (b)(5) and (c)(1), by striking 
                out ``section 138(a)(2)(B)'' and inserting in lieu 
                thereof ``section 139(a)(2)(B)'';
                    (B) in subsection (e)(3)(B), by striking out 
                ``solely as a representative of'' and inserting in lieu 
                thereof ``solely in testing for'';
                    (C) in subsection (g), by striking out ``section 
                138'' and inserting in lieu thereof ``section 139''; 
                and
                    (D) in subsection (h)(1), by striking out ``section 
                138(a)(2)(A)'' and inserting in lieu thereof ``section 
                139(a)(2)(A)''.
            (10) Section 2502(d) is amended by striking out 
        ``Executive'' and inserting in lieu thereof ``executive''.
            (11)(A) Sections 2540 and 2541, as added by section 822(a) 
        of Public Law 103-160 (107 Stat. 1705), are redesignated as 
        sections 2539a and 2539b, respectively.
            (B) The items relating to those sections in the table of 
        sections at the beginning of subchapter V of chapter 148 are 
        revised to conform to the redesignations made by subparagraph 
        (A).
            (12) Section 2865(a)(4) is amended by adding a period at 
        the end.
            (13) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1) are 
        amended by striking out ``section 137(c)'' and inserting in 
        lieu thereof ``section 135(c)''.
            (14) Section 9511 is amended by striking out ``In this 
        subchapter'' and inserting in lieu thereof ``In this chapter''.
    (b) Public Law 103-160.--Effective as of November 30, 1993, and as 
if included therein as enacted, the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160) is amended as follows:
            (1) Section 507(d)(3) (107 Stat. 1647) is amended by 
        inserting ``note'' after ``10 U.S.C. 1293''.
            (2) Section 551(a)(1) (107 Stat. 1661) is amended by 
        striking out ``Section'' and inserting in lieu thereof 
        ``Chapter''.
            (3) Section 554(b) (107 Stat. 1666) is amended--
                    (A) in paragraph (1), by striking out ``Section 
                1058 of title 10, United States Code, as added by 
                subsection (a),'' and inserting in lieu thereof ``The 
                section of title 10, United States Code, added by 
                subsection (a)(1)''; and
                    (B) in paragraph (2), by striking out ``1058''.
            (4) Section 931(c)(1) (107 Stat. 1734) is amended by 
        inserting closing quotation marks before the period at the end.
            (5) Section 1314(3) (107 Stat. 1786) is amended by striking 
        out ``adding at the end'' and inserting in lieu thereof 
        ``inserting after subsection (f)''.
            (6) Section 1433(d) (107 Stat. 1835) is amended by striking 
        out ``Section 1058 of title 10, United States Code, as added by 
        subsection (a),'' and inserting in lieu thereof ``The section 
        of title 10, United States Code, added by subsection (b)(1)''.
            (7) Section 1606(b)(4) (107 Stat. 1847) is amended by 
        striking out ``section 1604(e)'' and inserting in lieu thereof 
        ``section 1605(e)''.
            (8) Section 2912(b)(2) (107 Stat. 1925) is amended by 
        striking out ``section 637(d)(1)'' and inserting in lieu 
        thereof ``section 8(d)(1)''.
            (9) Section 2926(d) (107 Stat. 1932) is amended by striking 
        out ``Subsection (d)(1)(2)(C)(iii)'' and inserting in lieu 
        thereof ``Subsection (d)(2)(C)(iii)''.
    (c) Other Laws.--(1) Section 921 of Public Law 102-190 (10 U.S.C. 
201 note; 105 Stat. 1452) is amended by striking out ``section 
136(b)(3)'' in subsection (a) and inserting in lieu thereof ``section 
138(b)(3)''.
    (2) Section 908(c) of title 37, United States Code, is amended by 
striking out ``section 1058'' and inserting in lieu thereof ``section 
1060''.

SEC. 1097. 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, in 
        accordance with article 53 of the United Nations Charter, 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 any other 
        organization; and
            (3) the member states of the North Atlantic Treaty 
        Organization reserve the right to act collectively in defense 
        of their vital interests.

SEC. 1098. LIMITATION ON OBLIGATION OF FUNDS FOR MARK-6 GUIDANCE SETS 
              FOR TRIDENT II MISSILES.

    (a) Limitation.--Until the certification in subsection (b) has been 
provided to the congressional defense committees, funds appropriated 
for fiscal year 1995 for the Navy may not be obligated to procure more 
than 14 Mark-6 guidance sets for Trident II missiles.
    (b) Certification.--Before the Secretary of Defense may obligate 
funds for Mark-6 guidance sets in addition to the 14 sets authorized in 
subsection (a), he shall certify to the congressional defense 
committees that failure to procure such additional units would pose an 
unacceptable risk to the long-term readiness and reliability of the 
Trident II missile program.

SEC. 1099. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF A FORCE 
              REQUIRED FOR A MAJOR REGIONAL CONTINGENCY ON THE KOREAN 
              PENINSULA.

    (a) Findings.--Congress finds as follows:
            (1) Whereas the Administration commissioned the Bottom-Up 
        Review to properly size and structure the Armed Forces of the 
        United States for the Post-Cold-War Era;
            (2) Whereas the Bottom-Up Review itself cites the need for 
        the Armed Forces of the United States to be large enough to 
        prevail in two major regional conflicts, similar in nature to 
        the 1991 war against Iraq, ``nearly simultaneously'';
            (3) Whereas the Bottom-Up Review gives special 
        consideration to a scenario that hypothesizes that the two 
        ``nearly simultaneous'' conflicts would occur in Korea and the 
        Persian Gulf;
            (4) Whereas the United States sent 7 Army divisions, the 
        equivalent of 10 Air Force tactical fighter wings, 70 heavy 
        bombers, 6 Navy aircraft carrier battle groups, and 5 Marine 
        Corps brigades to the Persian Gulf to fight the war against 
        Iraq;
            (5) Whereas the Bottom-Up Review asserts that the forces 
        needed to fight two conflicts similar to that with Iraq can be 
        drawn from a total military force of between 15 and 16 Army 
        divisions, 20 Air Force tactical fighter wings, 184 heavy 
        bombers, 11 active Navy aircraft carriers (along with one 
        reserve/training carrier), and the equivalent of 12 Marine Corp 
        brigades;
            (6) Whereas the Bottom-Up Review recognizes that 
        approximately 100,000 members of the United States Armed Forces 
        will be stationed in Europe;
            (7) Whereas the Bottom-Up Review recognizes that sizeable 
        numbers of United States forces could be involved in peace 
        enforcement and intervention operations at any one time;
            (8) Whereas the Bottom-Up Review makes no specific 
        recommendation as to the number of forces to be held in reserve 
        to provide a rotation base either to relieve troops in the 
        event one or both hypothetical conflicts result in lengthy 
        deployments or to replace combat losses;
            (9) Whereas military planners calculate that the number of 
        United States forces needed to help defeat an invasion of South 
        Korea by North Korea may exceed 430,000 United States military 
        personnel;
            (10) Whereas the size of the force military planners may 
        request to help defend South Korea could exceed the levels that 
        are consistent with the recommendations of Bottom-Up Review if 
        the existing and future force requirements for a presence in 
        Europe, possible peace enforcement operations, and an adequate 
        rotation base, as well as a second regional conflict, must be 
        fulfilled simultaneously.
    (b) Sense of Congress.--It is the Sense of Congress:
            (1) that the force structure identified in the Bottom-Up 
        Review may not be used to limit the size or structure of the 
        force United States military commanders may request in 
        preparation for a major regional contingency on the Korean 
        peninsula;
            (2) and that the Chairmen and Ranking Members of the House 
        and Senate Committees on Armed Services and Chairmen and 
        Ranking members of the House and Senate Appropriations 
        Subcommittees on Defense should receive regular briefings from 
        the Department of Defense of the situation on the Korean 
        peninsula;
            (3) and that the conclusions of the Bottom-Up Review should 
        be continuously examined in light of the lessons learned from 
        preparation for a major regional contingency on the Korean 
        peninsula and from other military operations.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 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 in the total amount of $396,750,000 for the 
installations and locations inside the United States, and in the 
amounts for such installations and locations, set forth in the 
following table:
      


                                         Army: Inside the United States                                         
                                                                                                                
               State                  Installation or location           Amount                                 
                                                                                                                
    Alabama....................   Redstone Arsenal.................     $2,600,000  ...........................
                                                                                                                
    Georgia....................   Fort Benning.....................     $6,550,000  ...........................
                                  Fort Gordon......................    $44,750,000  ...........................
                                                                                                                
    Hawaii.....................   Schofield Barracks...............    $25,000,000  ...........................
                                                                                                                
    Kentucky...................   Fort Campbell....................    $67,400,000  ...........................
                                  Fort Knox........................     $8,500,000  ...........................
                                                                                                                
    Maryland...................   Adelphi Laboratory Center........     $6,600,000  ...........................
                                  Fort Ritchie.....................     $3,600,000  ...........................
                                                                                                                
    New Jersey.................   Bayonne Military Ocean Terminal..     $4,050,000  ...........................
                                                                                                                
    New York...................   United States Military Academy,                    ...........................
                                  West Point.......................    $28,000,000                             
                                                                                                                
    North Carolina.............   Fort Bragg.......................    $29,000,000  ...........................
                                  Sunny Point Military Ocean                         ...........................
                                  Terminal.........................    $22,200,000                             
                                                                                                                
    Oklahoma...................   Fort Sill........................    $18,000,000  ...........................
                                                                                                                
    South Carolina.............   Charleston Naval Weapons Station.    $24,000,000  ...........................
                                                                                                                
    Texas......................   Fort Hood........................    $29,000,000  ...........................
                                  Fort Sam Houston.................     $4,300,000  ...........................
                                                                                                                
    Virginia...................   Fort Myer........................     $7,300,000  ...........................
                                                                                                                
    Washington.................   Fort Lewis.......................    $64,000,000  ...........................
                                                                                                                
    CONUS Classified...........   Classified Location..............     $1,900,000  ...........................
  ----------------------------------------------------------------------------------                            

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects in the total amount of $31,400,000 for the 
installation and location outside the United States, and in the amount, 
set forth in the following table:
      


                     Army: Outside the United States                    
                                                                        
               Country or other                          Installation or location
  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) in the total amount 
of $117,750,000 at the installations, for the purposes, and in the 
amounts for such installations set forth in the following table:



                                              Army: Family Housing                                              
                                                                                                                
            State               Installation               Purpose             Amount                           
                                                                                                                
   Alaska................  Fort Richardson.......  72 units..............     $5,000,000  .....................
                                                                                                                
   Colorado..............  Fort Carson...........  145 units.............    $16,500,000  .....................
                                                                                                                
   Georgia...............  Fort Stewart..........  128 units.............    $10,600,000  .....................
                                                                                                                
   Hawaii................  Helemano Military                                  $3,500,000  .....................
                            Reservation..........  Roadway improvements                                         
                                                    for family housing.                                         
                                                                                                                
                           Schofield Barracks....  190 units.............    $26,000,000  .....................
                                                                                                                
   Kansas................  Fort Riley............  126 units.............    $12,600,000  .....................
                                                                                                                
   Massachusetts.........  Natick Research Center  35 units..............     $4,150,000  .....................
                                                                                                                
   New York..............  United States Military  56 units..............     $8,000,000  .....................
                            Academy, West Point.                                                                
                                                                                                                
   Texas.................  Fort Bliss............  215 units.............    $21,400,000  .....................
                           Fort Sam Houston......  100 units.............    $10,000,000  .....................
  ----------------------------------------------------------------------------------------                      

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

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing in an amount not to exceed $49,760,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 1994, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Army in the total amount of $1,731,286,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $396,750,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $31,400,000.
            (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, $63,926,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition of military 
                family housing and facilities, $173,502,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $1,067,708,000, of which 
                not more than $243,442,000 may be obligated or expended 
                for the leasing of military family housing worldwide.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation 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. RELOCATION OF ARMY FAMILY HOUSING UNITS FROM FORT HUNTER 
              LIGGETT, CALIFORNIA, TO FORT STEWART, GEORGIA.

    Section 2102(a) of the Military Construction Authorization Act for 
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1511) is 
amended--
            (1) by striking out paragraph (1) and inserting in lieu 
        thereof the following new paragraph (1):
            ``(1) Fort Hunter Liggett, California, one hundred fifty-
        four units, $12,300,000.''; and
            (2) by striking out paragraph (5) and inserting in lieu 
        thereof the following new paragraph (5):
            ``(5) Fort Stewart, Georgia, one hundred twenty-one units, 
        $9,890,000.''.

SEC. 2016. HIGHWAY SAFETY AT HAWTHORNE ARMY AMMUNITION PLANT, NEVADA.

    (a) Study.--The Secretary of the Army shall carry out a study of 
traffic safety on the highway at the Hawthorne Army Ammunition Plant, 
Nevada. In carrying out the study, the Secretary shall--
            (1) evaluate traffic safety on the highway, including 
        traffic safety with respect to the rail and truck crossing of 
        the highway at the Plant;
            (2) evaluate the feasibility and desirability of 
        constructing a vehicle bridge over the rail and truck crossing; 
        and
            (3) determine whether any construction required to improve 
        traffic safety on the highway be funded as a military 
        construction project or as a defense access road construction 
        project.
    (b) Architectural and Engineering Services and Construction 
Design.--If the Secretary determines as a result of the study under 
subsection (a) that construction of a vehicle bridge over the rail and 
truck crossing referred to in paragraph (1) of that subsection is 
feasible and desirable, the Secretary should--
            (1) obtain architectural and engineering activities and 
        carry out construction design with respect to the construction 
        of the bridge; or
            (2) request that the Secretary of Transportation carry out 
        the construction of the bridge as project for the construction 
        of a defense access road under section 210 of title 23, United 
        States Code.

                            TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects in the total amount of $239,265,000 for the 
installations and locations inside the United States, and in the 
amounts for such installations and locations, set forth in the 
following table:
      


                     Navy: Inside the United States                     
                                                                        
                     State                                  Installation or location
                                                                        
  Arizona...................................  Yuma Marine Corps Air Station......................
  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 Naval Construction Battalion Center...
                                              San Diego Marine Corps Recruit Depot...............
                                              San Diego Naval Station............................
                                              Twentynine Palms Marine Corps Air-Ground Combat
                                               Center............................................
                                                                        
  Florida...................................  Jacksonville Fleet and Industrial Supply Center....
                                              Pensacola Naval Air Station........................
                                                                        
  Hawaii....................................  Kaneohe Bay........................................
                                                                        
  Illinois..................................  Great Lakes Navy Public Works Center...............
                                                                        
  New Jersey................................  Lakehurst Naval Air Warfare Center.................
                                                                        
  New Mexico................................  White Sands Naval Ordnance Missile Test Station....
                                                                        
  North Carolina............................  Cherry Point Marine Corps Air Station..............
                                              Camp Lejeune Marine Corp Base......................
                                                                        
  Rhode Island..............................  Newport Naval Education and Training Center........
                                                                        
  South Carolina............................  Parris Island Marine Corps Recruit Depot...........
                                                                        
  Texas.....................................  Ingleside Naval Station............................
                                                                        
  Virginia..................................  Chesapeake Naval Security Group Activity...........
                                              Dam Neck Fleet Combat Training Center..............
                                              Norfolk Marine Corps Security Force Battalion
                                               Atlantic..........................................
                                              Norfolk Naval 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 in the total amount of $50,810,000 for the 
installations and locations outside the United States, and in the 
amounts for such installations and locations, 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   
                                                                                                                
             Italy...............................   Naples Naval Support Activity............    $28,460,000   
                                                    Sigonella Naval Air Station..............    $13,750,000   
                                                                                                                
             Puerto Rico.........................   Sabana Seca Naval Security Group Activity     $1,650,000   
                                                                                                                
             United Kingdom......................   Saint Mawgan Joint Maritime                                 
                                                    Communications 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) in the total amount 
of $49,012,000 at the installations, for the purposes, and in the 
amounts for such installations and purposes set forth in the following 
table:

      


                                              Navy: Family Housing                                              
                                                                                                                
            State               Installation               Purpose             Amount                           
                                                                                                                
   California............  Camp Pendleton Marine                             $28,552,000                       
                           San Diego Naval Public                            $18,262,000                       
                            Works Center.........  136 units.............                                       
                                                                                                                
   Maryland..............  Patuxent River Naval                                 $863,000                       
                            Air Station..........  Housing Office........                                       
                                                                                                                
   Virginia..............  Norfolk Naval Public                                                                 
                            Works Center.........  Warehouse/Self Help          $555,000                       
                                                    Center.                                                     
                                                                                                                
   Washington............  Everett Naval Station.  Housing Office........       $780,000                       
  ----------------------------------------------------------------------------------------                      

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(a)(5)(A), the 
Secretary of the Navy may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of military family 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 $1,507,349,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $239,265,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $50,810,000.
            (3) For unspecified minor construction projects authorized 
        by section 2805 of title 10, United States Code, $7,000,000.
            (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, $229,295,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $937,599,000, of which not 
                more than $114,336,000 may be obligated or expended for 
                the leasing of military family housing units worldwide.
    (b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2201 of this 
Act may not exceed the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a).

SEC. 2205. AUTHORITY TO CARRY OUT CONSTRUCTION PROJECT, NAVAL SUPPLY 
              CENTER, PENSACOLA, FLORIDA.

    Funds appropriated by the Military Construction Appropriations Act, 
1994 (Public Law 103-110; 107 Stat. 1037) that are available for 
construction of a cold storage facility at Naval Supply Center, 
Pensacola, Florida, in accordance with authorizations provided in 
section 2201(a) of the Military Construction Authorization Act for 
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1514), as 
enacted, may be expended for the portion of the construction of such 
facility that is associated with Department of the Navy contract 
N62467-86-C-0421.

SEC. 2206. RELOCATION OF PASCAGOULA COAST GUARD STATION, MISSISSIPPI.

    (a) Agreement on Relocation.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the Navy and the 
Secretary of Transportation shall enter into an agreement that provides 
for the relocation of the activities and functions of Pascagoula Coast 
Guard Station to Pascagoula Naval Station, Pascagoula, Mississippi.
    (b) Conditions.--The agreement under subsection (a) shall include 
the following provisions:
            (1) That the Navy not incur any construction costs relating 
        to the relocation.
            (2) That the design, construction, and location of Coast 
        Guard facilities, and the conduct of activities by the Coast 
        Guard, at Pascagoula Naval Station not interfere with the 
        performance of the mission of the Navy.

SEC. 2207. AUTHORITY TO CARRY OUT CONSTRUCTION DESIGN FOR MAYPORT NAVAL 
              STATION, FLORIDA.

    (a) Authority To Carry Out Construction Design.--Subject to 
subsection (b), the Secretary of the Navy may carry out construction 
design activities in connection with the military construction projects 
that the Secretary identifies as necessary for the improvement of the 
facilities located at Mayport Naval Station, Florida, so that such 
facilities may be used as the homeport of a nuclear powered aircraft 
carrier.
    (b) Requirement Relating to Commencement of Design.--The Secretary 
may not carry out the construction design activities authorized under 
subsection (a) until the Secretary--
            (1) completes a study that identifies the improvements to 
        the facilities referred to in that subsection that are 
        necessary so that such facilities may be used as the homeport 
        of a nuclear powered aircraft carrier; and
            (2) completes a programmatic environmental impact study on 
        the effect of such improvements on the environment.
    (c) Construction of Authority.--This section may not be construed 
or interpreted as an authorization for the Secretary to commence or 
proceed with any military construction project relating to the 
improvement of the facilities of Mayport Naval Station, Florida, for 
the purpose referred to in subsection (a).

                         TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(a)(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects in the total amount of $412,004,000 for 
the installations and locations inside the United States, and in the 
amounts for such installations and locations, 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   
                                                                                                                
      Alaska..................................  Cape Lisburne Long Range Radar Site..........     $2,800,000   
                                                Eielson Air Force Base.......................     $3,300,000   
                                                Elmendorf Air Force Base.....................     $5,000,000   
                                                                                                                
      Arizona.................................  Luke Air Force Base..........................     $4,900,000   
                                                                                                                
      Arkansas................................  Little Rock Air Force Base...................     $4,800,000   
                                                                                                                
      California..............................  Beale Air Force Base.........................     $1,450,000   
                                                Edwards Air Force Base.......................     $7,050,000   
                                                Travis Air Force Base........................     $3,600,000   
                                                Vandenberg Air Force Base....................     $6,550,000   
                                                                                                                
      Colorado................................  Peterson Air Force Base......................     $1,750,000   
                                                United States Air Force Academy..............     $3,600,000   
                                                                                                                
      Delaware................................  Dover Air Force Base.........................    $10,500,000   
                                                                                                                
      Florida.................................  Cape Canaveral Air Force Station.............    $10,450,000   
                                                                                                                
      Georgia.................................  Moody Air Force Base.........................    $14,300,000   
                                                Robins Air Force Base........................    $21,200,000   
                                                                                                                
      Idaho...................................  Mountain Home Air Force Base.................    $15,950,000   
                                                                                                                
      Illinois................................  Scott Air Force Base.........................     $2,700,000   
                                                                                                                
      Kansas..................................  McConnell Air Force Base.....................       $500,000   
                                                                                                                
      Louisiana...............................  Barksdale Air Force Base.....................    $27,100,000   
                                                                                                                
      Maryland................................  Andrews Air Force Base.......................    $10,800,000   
                                                                                                                
      Mississippi.............................  Columbus Air Force Base......................     $3,400,000   
                                                Keesler Air Force Base.......................    $11,240,000   
                                                                                                                
      Missouri................................  Whiteman Air Force Base......................    $24,290,000   
                                                                                                                
      Montana.................................  Malmstrom Air Force Base.....................     $7,200,000   
                                                                                                                
      Nebraska................................  Offutt Air Force Base........................     $2,260,000   
                                                                                                                
      Nevada..................................  Nellis Air Force Base........................    $10,500,000   
                                                                                                                
      New Jersey..............................  McGuire Air Force Base.......................    $17,000,000   
                                                                                                                
      New Mexico..............................  Holloman Air Force Base......................    $10,950,000   
                                                Kirtland Air Force Base......................    $31,000,000   
                                                                                                                
      North Carolina..........................  Pope Air Force Base..........................     $2,600,000   
                                                                                                                
      North Dakota............................  Ellsworth Air Force Base.....................     $4,500,000   
                                                Grand Forks Air Force Base...................     $5,200,000   
                                                Minot Air Force Base.........................    $10,350,000   
                                                                                                                
      Ohio....................................  Wright-Patterson Air Force Base..............    $32,700,000   
                                                                                                                
      Oklahoma................................  Altus Air Force Base.........................     $3,750,000   
                                                Tinker Air Force Base........................     $9,643,000   
                                                Vance Air Force Base.........................    $11,680,000   
                                                                                                                
      South Carolina..........................  Charleston Air Force Base....................    $11,400,000   
                                                                                                                
      South Dakota............................  Ellsworth Air Force Base.....................     $1,450,000   
                                                                                                                
      Tennessee...............................  Arnold Air Force Base........................     $1,900,000   
                                                                                                                
      Texas...................................  Kelly Air Force Base.........................     $8,950,000   
                                                Lackland Air Force Base......................     $5,200,000   
                                                Sheppard Air Force Base......................     $3,300,000   
                                                                                                                
      Washington..............................  Fairchild Air Force Base.....................     $8,850,000   
                                                                                                                
      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 in the total amount of $38,273,000 for 
the installations and locations outside the United States, and in the 
amounts for such installations and locations, set forth in the 
following table:

      

                                      Air Force: Outside the United States                                      
                                                                                                                
                       Country                             Installation or location                Amount       
      Germany.................................  Ramstein Air Base............................    $12,350,000   
                                                Spangdahlem Air Base.........................     $9,473,000   
                                                                                                                
      Greenland...............................  Thule Air Base...............................     $2,450,000   
                                                                                                                
      Portugal................................  Lajes Field..................................     $2,850,000   
                                                                                                                
      United Kingdom..........................  RAF Lakenheath...............................     $7,100,000   
                                                                                                                
      Overseas Classified.....................  Classified Location..........................     $4,050,000   
     ---------------------------------------------------------------------------------------------------------  

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) in the total amount 
of $172,310,000 at the installations, for the purposes, and in the 
amounts for such installations and purposes set forth in the following 
table:

      

                        Air Force: Family Housing                       
                                                                        
            State or Country                        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 Base..........
                                        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 
$1,594,863,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $412,004,000.
            (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 balance of the amount authorized under section 
        2301(a) of the Military Construction Authorization Act for 
        Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 
        2593) for the construction of the climatic test chamber at 
        Eglin Air Force Base, Florida, $20,000,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition of military 
                family housing and facilities, $243,355,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $824,845,000 of which not more 
                than $112,757,000 may be obligated or expended for 
                leasing of military family housing units worldwide.
    (b) Limitation on Total Cost of Construction Projects.--
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. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS AT TYNDALL 
              AIR FORCE BASE, FLORIDA, FOR WHICH FUNDS HAVE BEEN 
              APPROPRIATED.

    The table in section 2301 of the Military Construction 
Authorization Act for Fiscal Year 1994 (division B of Public Law 103-
160; 107 Stat. 1866) is amended in the item relating to Tyndall Air 
Force Base, Florida, by striking out ``$2,600,000'' in the column under 
the heading ``Amount'' and inserting in lieu thereof ``$8,200,000''.

SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING PROJECT, 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'' in the third 
column and inserting in lieu thereof ``45 units''.

                      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 in 
the total amount of $413,700,000 for the installations and locations 
inside the United States, and in the amounts for such installations and 
locations, set forth in the following table:
      


                                   Defense Agencies: Inside the United States                                   
                                                                                                                
              Agency                  Installation or location           Amount                                 
                                                                                                                
   Chemical Agents and                                                               ...........................
                                 Pine Bluff Arsenal, Arkansas......   $102,000,000  ...........................
                                 Umatilla Army Depot, Oregon.......   $183,000,000  ...........................
                                 Tooele Army Depot, Utah...........     $4,000,000  ...........................
                                                                                                                
   Defense Intelligence Agency.  Bolling Air Force Base,                             ...........................
                                  Washington, District of Columbia.       $600,000                             
                                                                                                                
   Defense Logistics Agency....  Defense Contract Management                         ...........................
                                  Office, El Segundo, California...     $5,100,000                             
                                 Defense Construction Supply                         ...........................
                                  Center, Columbus, Ohio...........     $2,200,000                             
                                 Defense Fuel Support Point, Craney                  ...........................
                                  Island, Virginia.................     $3,652,000                             
                                 Headquarters, Defense Logistics                     ...........................
                                  Agency, Fort Belvoir, Virginia...     $4,600,000                             
                                                                                                                
   Defense Medical Facilities                                                        ...........................
    Office.....................  McClellan Air Force Base,                                                      
                                  California.......................    $10,280,000                             
                                 Fort McPherson, Georgia...........    $13,400,000  ...........................
                                 Fort Dix, New Jersey..............     $2,000,000  ...........................
                                                                                                                
   National Security Agency....  Fort Meade, Maryland..............    $20,258,000  ...........................
                                                                                                                
   Office of Secretary of                                                            ...........................
    Defense....................  Various Locations, Special                                                     
                                  Activities, Air Force............     $5,300,000                             
                                                                                                                
   Section 6 Schools...........  Naval Surface Warfare Center,                       ...........................
                                  Virginia.........................     $1,560,000                             
                                                                                                                
   Special Operations Force....  Eglin Auxiliary Field No. 9,                        ...........................
                                  Florida..........................    $21,750,000                             
                                 Fort Bragg, North Carolina........    $16,000,000  ...........................
                                 Kirtland Air Force Base, New                        ...........................
                                  Mexico...........................     $9,600,000                             
                                 Naval Amphibious Base, Coronado,                    ...........................
                                  San Diego, California............     $3,400,000                             
  ----------------------------------------------------------------------------------                            

SEC. 2402. FAMILY HOUSING.

    (a) Construction and Acquisition.--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 installation, 
for the purpose, and in the amount set forth in the following table:

      


                                        Defense Agencies: Family Housing                                        
                                                                                                                
          Location              Installation               Purpose             Amount                           
                                                                                                                
   Belgium...............  National Security                                    $300,000                       
  ----------------------------------------------------------------------------------------                      

SEC. 2403. 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 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 $3,252,058,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $152,700,000.
            (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, 
        $8,511,000.
            (7) For architectural and engineering services and for 
        construction design under section 2807 of title 10, United 
        States Code, $51,960,000.
            (8) For energy conservation projects authorized by section 
        2404, $50,000,000.
            (9) For base closure and realignment activities as 
        authorized by the Defense Authorization Amendments and Base 
        Closure and Realignment Act (title II of 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):
                    (A) For military installations approved for closure 
                or realignment in 1991, $398,700,000.
                    (B) For military installations approved for closure 
                or realignment in 1993, $2,189,858,000.
            (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--
            (1) the total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a) and subsection (b);
            (2) $94,000,000 (the balance of the amount authorized for 
        construction of a chemical munitions demilitarization facility 
        at Pine Bluff Arsenal, Arkansas); and
            (3) $167,000,000 (the balance of the amount authorized for 
        construction of a chemical munitions demilitarization facility 
        at Umatilla Army Depot, Oregon).

SEC. 2406. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1993 
              PROJECT.

    (a) Termination of Authority.--The table in section 2401(a) of the 
Military Construction Authorization Act for Fiscal Year 1993 (division 
B of Public Law 102-484; 106 Stat. 2599) is amended by striking out the 
item relating to Fitzsimons Army Medical Center, Colorado.
    (b) Conforming Amendments.--(1) Subsection (a) of section 2403 of 
such Act (106 Stat. 2600) is amended--
            (A) in the matter above paragraph (1), by striking out 
        ``$2,567,146,000'' and inserting in lieu thereof 
        ``$2,565,146,000''; and
            (B) in paragraph (1), by striking out ``$87,950,000'' and 
        inserting in lieu thereof ``$85,950,000''.
    (2) Subsection (c) of such section is amended--
            (A) by inserting ``and'' at the end of paragraph (4);
            (B) by striking out ``; and'' at the end of paragraph (5) 
        and inserting lieu thereof a period; and
            (C) by striking out paragraph (6).

SEC. 2407. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL WEAPONS 
              STATION, CHARLESTON, SOUTH CAROLINA.

    Of the amount appropriated pursuant to the authorization of 
appropriations in section 2405(a)(10)(B), the Secretary of the Navy 
shall transfer $3,000,000 to the South Carolina Department of Highways 
and Public Transportation. Funds transferred pursuant to this section 
shall be used for making improvements to North Rhett Avenue, 
Charleston, South Carolina.

SEC. 2408. PLANNING AND DESIGN FOR CONSTRUCTION IN SUPPORT OF 
              CONSOLIDATION OF OPERATIONS OF THE DEFENSE FINANCE AND 
              ACCOUNTING SERVICE.

    Of the amount authorized to be appropriated by section 2405(a)(7), 
$6,000,000 shall be available for planning and design activities 
relating to military construction in support of the consolidation of 
operations of the Defense Finance and Accounting Service.

      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 $219,000,000.

            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, $180,312,000; and
                    (B) for the Army Reserve, $37,870,000.
            (2) For the Department of the Navy, for the Naval and 
        Marine Corps Reserve, $17,355,000.
            (3) For the Department of the Air Force--
                    (A) for the Air National Guard of the United 
                States, $240,003,000; and
                    (B) for the Air Force Reserve, $43,840,000.

SEC. 2602. AUTHORIZATION OF CERTAIN NATIONAL GUARD AND RESERVE PROJECTS 
              FOR WHICH FUNDS HAVE BEEN APPROPRIATED.

    (a) Fiscal Year 1994 Guard and Reserve Projects.--Section 2601 of 
the Military Construction Authorization Act for Fiscal Year 1994 
(division B of Public Law 103-160; 107 Stat. 1878) is amended--
            (1) in paragraph (1)(A), by striking out ``$283,483,000'' 
        and inserting in lieu thereof ``$287,958,000''; and
            (2) in paragraph (2), by striking out ``$25,013,000'' and 
        inserting in lieu thereof ``$33,713,000''.
    (b) Fiscal Year 1993 Air National Guard Project.--Section 
2601(3)(A) of the Military Construction Authorization Act for Fiscal 
Year 1993 (division B of Public Law 102-484; 106 Stat. 2602) is amended 
by striking out ``$305,759,000'' and inserting in lieu thereof 
``$306,959,000''.

               TITLE XXVII--EXPIRATION 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 AUTHORIZATION OF CERTAIN FISCAL YEAR 1992 
              PROJECTS.

    (a) Extensions.--Notwithstanding section 2701(b) 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, 
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                                 
                                                                                                                
                               Installation or                                                                  
            State                 location                 Project             Amount                           
                                                                                                                
    Colorado.............   Fort Carson..........   Family Housing New                     .....................
                                                                                                                
    Georgia..............   Fort Benning.........   General Instruction                    .....................
                                                    Facility.............     $2,150,000                       
                                                                                                                
                            Camp Merrill.........   Family Housing New                     .....................
                                                    Construction (40                                            
                                                    units)...............     $4,550,000                       
                                                                                                                
                            Fort Stewart.........   Family Housing New                     .....................
                                                    Construction (120                                           
                                                    units)...............     $9,700,000                       
                                                                                                                
    Oregon...............  Umatilla Depot                                                  .....................
                            Activity.............   Ammunition                                                  
                                                    Demilitarization                                            
                                                    Support Facility.....     $3,600,000                       
                                                                                                                
                            Umatilla Depot                                                 .....................
                            Activity.............   Ammunition                                                  
                                                    Demilitarization                                            
                                                    Utilities............     $7,500,000                       
  ----------------------------------------------------------------------------------------                      



                               Air Force: Extension of 1992 Project Authorization                               
                                                                                                                
                               Installation or                                                                  
            State                 location                 Project             Amount                           
                                                                                                                
    Alaska...............   Eareckson Air Force                                            .....................
  ----------------------------------------------------------------------------------------                      



                          Army National Guard: Extension of 1992 Project Authorizations                         
                                                                                                                
                               Installation or                                                                  
            State                 location                 Project             Amount                           
                                                                                                                
    California...........   Stockton.............   Add/Alter Combined                     .....................
                                                                                                                
    District of Columbia.   Fort Belvoir.........   Army Aviation Support                  .....................
                                                    Facility.............     $2,765,000                       
                                                                                                                
    Maryland.............   Towson...............   Direct Logistics            $373,000  .....................
                                                    Warehouse.                                                  
                                                                                                                
                            Cheltenham...........   Armory...............     $3,300,000  .....................
                                                                                                                
    Mississippi..........   West Point...........   Organizational                         .....................
                                                    Maintenance Shop.....     $1,270,000                       
                            Tupelo...............   Organizational                         .....................
                                                    Maintenance Shop.....       $992,000                       
                            Senatobia............   Organizational                         .....................
                                                    Maintenance Shop.....       $723,000                       
                                                                                                                
    Nevada...............   Washoe County........   Organizational                         .....................
                                                    Maintenance Shop.....     $1,050,000                       
                                                                                                                
    North Carolina.......   Camp Butler..........   Range, Modified                        .....................
                                                    Record Fire..........       $986,000                       
                                                                                                                
    Rhode Island.........   Camp Varnum..........   Sewer and Water             $578,000  .....................
                                                    System.                                                     
                                                                                                                
                            Camp Fogarty.........   Armory...............     $5,151,000  .....................
                                                                                                                
    West Virginia........   Huntington...........   Guard/Reserve Center.     $2,983,000  .....................
  ----------------------------------------------------------------------------------------                      

  


                             Army Reserve: Extension of 1992 Project Authorizations                             
                                                                                                                
                               Installation or                                                                  
            State                 location                 Project             Amount                           
                                                                                                                
    Massachusetts........  Taunton...............   Reserve Center.......     $3,526,000  .....................
                                                                                                                
    Ohio.................   Perrysburg...........   Reserve Center                         .....................
                                                    Addition.............     $2,749,000                       
                                                                                                                
    Pennsylvania.........  Johnstown.............   Army/Marine Corps                      .....................
                                                    Aviation Facility....    $30,224,000                       
                                                                                                                
    Tennessee............   Jackson..............   Joint Training                         .....................
                                                    Facility.............     $1,537,000                       
                                                                                                                
    West Virginia........   Huntington...........   Guard and Reserve                      .....................
                                                    Center...............     $6,617,000                       
  ----------------------------------------------------------------------------------------                      

SEC. 2703. CLARIFICATION OF EXTENSION OF AUTHORIZATIONS OF CERTAIN 
              FISCAL YEAR 1991 PROJECTS.

    (a) Clarification.--The table relating to the extension of 
authorization of certain fiscal year 1991 projects of the Defense 
Agencies in section 2702(b) of the Military Construction Authorization 
Act for Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 
1882) is amended by inserting before the item relating to the Defense 
Logistics Agency, Defense Reutilization and Marketing Office, Fort 
Meade, Maryland, the following:
      

                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
    California...........   Defense Language                                  $2,322,000  .....................
                                                                                                                
                            Defense Language                                  $1,860,000  .....................
                            Institute, Monterey..   Print Plant..........                                       
  ----------------------------------------------------------------------------------------                      

    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the provisions of the Military 
Construction Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1822) to which such amendment relates.

SEC. 2704. EXTENSION OF CERTAIN FISCAL YEAR 1991 PROJECTS.

    (a) Extensions.--Notwithstanding section 2701(b) of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B of 
Public Law 101-510; 104 Stat. 1782), authorizations for the projects 
set forth in the table in subsection (b) as provided in section 2401(a) 
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), as amended by section 2703 of this 
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 1995, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:
      


                           Defense Agencies: Extension of 1991 Project Authorizations                           
                                                                                                                
                               Installation or                                                                  
            State                 location                 Project             Amount                           
                                                                                                                
    California...........   Defense Language        Audio Visual                           .....................
                                                                                                                
                            Defense Language        Print Plant..........     $1,860,000  .....................
                            Institute, Monterey.                                                                
                                                                                                                
    Maryland.............   Defense Logistics                                              .....................
                            Agency, Defense                                                                     
                            Reutilization and                                                                   
                            Marketing Office,                                                                   
                            Fort Meade...........   Covered Storage......     $9,500,000                       
  ----------------------------------------------------------------------------------------                      

SEC. 2705. EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on 
the later of--
            (1) October 1, 1994; or
            (2) the date of the enactment of this Act.

                    TITLE XXVIII--GENERAL PROVISIONS

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

SEC. 2801. CLARIFICATION OF REQUIREMENT FOR NOTIFICATION OF CONGRESS OF 
              IMPROVEMENTS IN FAMILY HOUSING UNITS.

    Section 2825(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) The limitation contained in the first sentence of paragraph 
(1) does not apply to a project for the improvement of a family housing 
unit or units referred to in that sentence if the project (including 
the amount requested for the project) is identified in the budget 
materials submitted to Congress by the Secretary of Defense in 
connection with the submission to Congress of the budget for a fiscal 
year pursuant to section 1105 of title 31.''.

SEC. 2802. AUTHORITY TO PAY CLOSING COSTS UNDER HOMEOWNERS ASSISTANCE 
              PROGRAM.

    Section 1013(c) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3374(c)) is amended by inserting 
after the first sentence the following: ``The Secretary may also pay a 
person who elects to receive a cash payment under clause (1) of the 
preceding sentence an amount that the Secretary determines appropriate 
to reimburse the person for the costs incurred by the person in the 
sale of the property if the Secretary determines that such payment will 
benefit the person and is in the best interest of the Federal 
Government.''.

                    Subtitle B--Base Closure Matters

SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE PROCESS OF 
              ADVANCE CONVERSION PLANNING UNDERTAKEN BY POTENTIAL 
              AFFECTED COMMUNITIES.

    (a) Department of Defense Recommendations.--Subsection (c)(3) of 
section 2903 of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
amended--
            (1) by inserting ``(A)'' before ``In considering''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) In considering military installations for closure or 
realignment, the Secretary may not take into account for any purpose 
any advance conversion planning undertaken by an affected community 
with respect to the anticipated closure or realignment of an 
installation.
    ``(C) For purposes of subparagraph (B), in the case of a community 
anticipating the economic effects of a closure or realignment of a 
military installation, advance conversion planning--
            ``(i) shall include community adjustment and economic 
        diversification planning undertaken by the community before an 
        anticipated selection of a military installation in or near the 
        community for closure or realignment; and
            ``(ii) may include the development of contingency 
        redevelopment plans, plans for economic development and 
        diversification, and plans for the joint use (including 
        civilian and military use, public and private use, civilian 
        dual use, and civilian shared use) of the property or 
        facilities of the installation after the anticipated closure or 
        realignment.''.
    (b) Commission Recommendations.--Subsection (d)(2) of such section 
is amended by adding at the end the following:
    ``(E) In making recommendations under this paragraph, the 
Commission may not take into account for any purpose any advance 
conversion planning undertaken by an affected community with respect to 
the anticipated closure or realignment of a military installation.''.

SEC. 2812. CLARIFYING AND TECHNICAL AMENDMENTS TO BASE CLOSURE LAWS.

    (a) Clarification of Scope of Termination of Authority Under 1988 
Act.--Section 202(c) of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) 
is amended--
            (1) by striking out ``The authority'' and inserting in lieu 
        thereof ``(1) Except as provided in paragraph (2), the 
        authority''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The termination of authority set forth in paragraph (1) shall 
not apply to the authority of the Secretary to carry out environmental 
restoration and waste management at, or disposal of property of, 
military installations closed or realigned under this title.''.
    (b) Use of Unobligated Funds in 1988 Account for Environmental 
Restoration and Property Disposal.--Section 207(a)(5) of such Act is 
amended--
            (1) by striking out ``Unobligated funds'' and inserting in 
        lieu thereof ``(A) Except as provided in subparagraph (B), 
        unobligated funds''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) The Secretary may, after the termination of authority 
referred to in subparagraph (A), use any unobligated funds referred to 
in that subparagraph that are not transferred in accordance with that 
subparagraph to carry out environmental restoration and waste 
management at, or disposal of property of, military installations 
closed or realigned under this title.''.
    (c) Clarification of Disposal Authority.--
            (1) Under 1988 act.--Section 204(b)(1) of such Act is 
        amended in the matter above paragraph (1) by striking out 
        ``real property and facilities'' and inserting in lieu thereof 
        ``real property, facilities, and personal property''.
            (2) Under 1990 act.--Section 2905(b)(1) of the Defense Base 
        Closure and Realignment Act of 1990 (part A of title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note) is amended in the 
        matter above paragraph (1) by striking out ``real property and 
        facilities'' and inserting in lieu thereof ``real property, 
        facilities, and personal property''.
    (d) Definition of Redevelopment Authority.--
            (1) Under 1988 act.--Section 209(10) of the Defense 
        Authorization Amendments and Base Closure and Realignment Act 
        (Public Law 100-526; 10 U.S.C. 2687 note) is amended by 
        striking out ``and for'' and inserting in lieu thereof ``or 
        for''.
            (2) Under 1990 act.--Section 2910(9) of the Defense Base 
        Closure and Realignment Act of 1990 (part A of title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note) is amended by striking 
        out ``and for'' and inserting in lieu thereof ``or for''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall take effect as if included in the amendments made 
        by 2918 of the National Defense Authorization Act for Fiscal 
        Year 1994 (Public Law 103-160; 107 Stat. 1927).
    (e) Technical Amendments for Internal Consistency.--
            (1) 1988 act.--Section 204(b)(3) of the Defense 
        Authorization Amendments and Base Closure and Realignment Act 
        (Public Law 100-526; 10 U.S.C. 2687 note) is amended--
                    (A) in subparagraph (A)(ii), by striking out 
                ``determines to be related to real property and''; and
                    (B) in subparagraph (E), by striking out 
                ``related'' in the matter above clause (i).
            (2) 1990 act.--Section 2905(b)(3)(A)(ii) 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 ``determines to be related to real property and''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall take effect as if included in the amendments made 
        by 2902 of the National Defense Authorization Act for Fiscal 
        Year 1994 (Public Law 103-160; 107 Stat. 1909).

SEC. 2813. SENSE OF SENATE ON THE ACTIVITIES OF THE SECRETARY OF 
              DEFENSE IN SUPPORT OF COMMUNITIES AFFECTED BY BASE 
              CLOSURES.

    (a) Findings.--The Senate makes the following findings:
            (1) The closure or realignment of a major military 
        installation can cause severe economic disruption to the host 
        community for the installation.
            (2) Communities affected by the closure of a major military 
        installation under a base closure law dedicate significant 
        time, effort, and resources to planning for the economic 
        redevelopment of the installation.
            (3) The Federal Government can ease the disruption caused 
        by the closure of a military installation by working 
        cooperatively with the host community for the installation to 
        implement the community's redevelopment plan for the 
        installation.
            (4) In recent years, the Federal Government has not always 
        provided sufficient assistance to communities affected by the 
        closure of a military installation under a base closure law in 
        the efforts of such communities to provide for the economic 
        redevelopment of the installation.
            (5) In July 1993, the President issued a five-point plan 
        for revitalizing base closure communities which emphasized the 
        economic recovery of communities affected by the closure of a 
        military installation under a base closure law.
            (6) In November 1993, Congress agreed to the provisions of 
        subtitle A of title XXIX of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1909), 
        and the amendments made thereunder, in order to implement the 
        plan referred to in paragraph (5) and to provide other 
        assistance to communities attempting to redevelop military 
        installations approved for closure under a base closure law.
            (7) The Secretary of Defense is accepting public comment on 
        the guidelines for implementation of the provisions of law 
        referred to in paragraph (6).
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Secretary of Defense should--
            (1) ensure that the regulations implementing the provisions 
        of subtitle A of title XXIX of the National Defense 
        Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
        Stat. 1909), and the amendments made thereunder, reflect the 
        intent of Congress that, to the maximum extent practicable, the 
        Secretary take into consideration the redevelopment plans of 
        affected communities when taking actions or implementing 
        decisions on the closure of a military installation approved 
        for closure under a base closure law;
            (2) ensure that the regulations implementing such 
        provisions reflect the intent of Congress to encourage and 
        promote cooperation and dialogue between the Federal Government 
        and communities affected by the closure of an installation 
        throughout the base closure process; and
            (3) develop a system of incentives or awards to encourage 
        Department of Defense personnel to provide greater assistance 
        to and cooperation with communities affected by the closure of 
        an installation during the ongoing effort of revitalizing the 
        economy of such communities.

                Subtitle C--Land Transactions Generally

SEC. 2821. LAND TRANSFER, HOLLOMAN AIR FORCE BASE, NEW MEXICO.

    (a) In General.--Subject to subsections (c) through (g), not later 
than 90 days after the date of enactment of this Act, the Secretary of 
the Interior shall transfer to the Department of the Air Force, without 
reimbursement, jurisdiction and control of approximately 1,262 acres of 
public lands described in subsection (b). Such public lands are located 
in Otero County, New Mexico, and are contiguous to Holloman Air Force 
Base.
    (b) Description of Lands Transferred.--The lands described in this 
subsection are as follows:
  

                                                                                                                
                   (1) T17S, R8E, Section 21:  S\1/2\ N\1/2\:                    160 acres                      
                                               E\1/2\ NW\1/4\ NE\1/4\:            20 acres                      
                                               NE\1/4\ NE\1/4\:                   40 acres                      
                   (2) T17S, R8E, Section 22:  W\1/2\:                           320 acres                      
                                               W\1/2\ E\1/2\:                    160 acres                      
                   (3) T17S, R8E, Section 27:  All that part north of New        192 acres more or less         
                                                Mexico Highway 70 except for                                    
                                                the E\1/2\ E\1/2\                                               
                   (4) T17S, R8E, Section 28:  NE\1/4\:                          160 acres                      
                                               N\1/2\ SE\1/4\:                    80 acres                      
                                               SW\1/4\ SE\1/4\:                   40 acres                      
                                               W\1/2\ SE\1/4\ SE\1/4\:            20 acres                      
                   (5) T17S, R8E, Section 33:  NW\1/4\ NE\1/4\:                   40 acres                      
                                               NW\1/4\ NE\1/4\ NE\1/4\:           10 acres                      
                                               W\1/2\ SW\1/4\ NE\1/4\:            20 acres                      
                                                                                                                

    (c) Use of Transferred Land.--The lands transferred to the 
Department of the Air Force under subsection (a) shall be used by the 
Secretary of the Air Force for the construction of new evaporation 
ponds to support a wastewater treatment facility that the Secretary 
shall construct at Holloman Air Force Base.
    (d) Cattle Grazing Rights.--
            (1) In general.--The United States recognizes a grazing 
        preference on the lands transferred to the Department of the 
        Air Force under subsection (a).
            (2) Adjustment of grazing allotment.--(A) The Secretary of 
        the Air Force shall take such action as is necessary to ensure 
        that--
                    (i) the boundary of the grazing allotment that 
                contains the lands transferred to the Department of the 
                Air Force is adjusted in such manner as to retain the 
                portion of the allotment located south of United States 
                Highway 70 in New Mexico and remove the portion of the 
                lands that is located north of such highway; and
                    (ii) the grazing preference referred to in 
                paragraph (1) is retained by means of transferring the 
                preference for the area removed from the allotment 
                under subparagraph (A) to public lands located south of 
                such highway.
            (B) The Secretary of the Air Force shall offer to enter 
        into an agreement with each person who holds a permit for 
        grazing on the lands transferred to the Department of the Air 
        Force at the time of the transfer to provide for the continued 
        grazing by livestock on the portion of the lands located south 
        of such highway.
    (e) Additional Requirements.--
            (1) National environmental policy act of 1969.--The 
        Secretary of the Air Force shall ensure that the transfer made 
        pursuant to subsection (a) and the use specified in subsection 
        (c) meet any applicable requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Environmental laws.--The Secretary of the Air Force 
        shall use and manage the lands transferred under the authority 
        in subsection (a) in such manner as to ensure compliance with 
        applicable environmental laws (including regulations) of the 
        Federal Government and State of New Mexico, and political 
        subdivisions thereof.
            (3) Responsibility for cleanup of hazardous substances.--
        Notwithstanding any other provision of law, the Secretary of 
        the Air Force shall, upon the transfer of the lands under 
        subsection (a), assume any existing or subsequent 
        responsibility and liability for the cleanup of hazardous 
        substances (as defined in section 101(14) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601(14))) located on or within the lands 
        transferred.
            (4) Mining.--The transfer of lands under subsection (a) 
        shall be made in such manner as to ensure the continuation of 
        valid, existing rights under the mining laws and the mineral 
        leasing and geothermal leasing laws of the United States. 
        Subject to the preceding sentence, upon the transfer of the 
        lands, mining and mineral management activities shall be 
        carried out in the lands in a manner consistent with the 
        policies of the Department of Defense concerning mineral 
        exploration and extraction on lands under the jurisdiction of 
        the Department.
    (f) Rights-Of-Way.--The transfer of lands under subsection (a) 
shall not affect the following rights-of-way:
                    (1) The right-of-way granted to the Otero County 
                Electric Cooperative, numbered NMNM 58293.
                    (2) The right-of-way granted to U.S. West 
                Corporation, numbered NMNM 59261.
                    (3) The right-of-way granted to the Highway 
                Department of the State of New Mexico, numbered LC0 
                54403.
    (g) Public Access.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Air Force shall permit public access to the 
        lands transferred under subsection (a).
            (2) Construction site.--The Secretary of the Air Force may 
        not permit public access to the immediate area affected by the 
        construction of a wastewater treatment facility in the area 
        with the legal description of T17S, R8E, Section 22, except 
        that the Secretary of the Air Force shall permit public access 
        on an adjoining unfenced parcel of land--
                    (A) located along the west boundary of such area; 
                and
                    (B) that is 50 feet in width.
            (3) Public uses.--Except as provided in paragraph (2), the 
        Secretary of the Air Force shall permit, on the lands 
        transferred under subsection (a), public uses that are 
        consistent with the public uses on adjacent lands under the 
        jurisdiction of the Secretary of the Interior.
            (4) Permit not required.--The Secretary of the Air Force 
        may not require a permit for access authorized under this 
        subsection to the lands transferred under subsection (a).
            (5) Entry gate.--The Secretary of the Air Force shall 
        ensure that the entry gate to the lands transferred under 
        subsection (a) that is located along United States Highway 70 
        shall be open to the public.

SEC. 2822. JOINT USE OF PROPERTY, PORT HUENEME, CALIFORNIA.

    (a) 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''), to provide for the joint use by Secretary and 
the District of a parcel of real property consisting of approximately 
25 acres, together with improvements thereto, that comprises United 
States Navy Wharf Number 3, the location of the Naval Construction 
Battalion Center, Port Hueneme, California.
    (b) Period.--The agreement authorized under subsection (a) shall--
            (1) be for an initial period of not more than 15 years; and
            (2) contain an option for the District to extend the 
        agreement for three additional periods of 5 years each.
    (c) Conditions.--The agreement authorized under subsection (a) 
shall be subject to the following conditions:
            (1) That the District suspend operations in the joint use 
        area during the periods when the Navy conducts operations at 
        the Naval Construction Battalion Center.
            (2) That the District carry out activities in the joint use 
        area in a manner that does not interfere with the capability of 
        the Secretary to carry out contingency operations at the Naval 
        Construction Battalion Center.
    (d) Consideration.--(1) As consideration for the use of the real 
property under subsection (a), the District--
            (A) shall pay to the Secretary the fair market rental value 
        (as determined by the Secretary) of the District's interest in 
        the property; and
            (B) may be required to furnish additional consideration as 
        provided in paragraph (2).
    (2) The Secretary may require that the agreement include a 
provision that the District--
            (A) either--
                    (i) pay the Secretary an amount (as determined by 
                the Secretary) equal to the cost to the Navy of 
                replacing at the Naval Construction Battalion Center 
                the facilities vacated by the Navy in the joint use 
                area; or
                    (ii) construct the replacement facilities for the 
                Navy; and
            (B) pay the Secretary an amount (as determined by the 
        Secretary) equal to the cost to the Navy of relocating Navy 
        operations from the vacated facilities to the replacement 
        facilities.
    (e) Notice and Wait Requirements.--The Secretary may not enter into 
the agreement authorized by subsection (a) until 21 days after the date 
on which the Secretary submits to the Committees on Armed Services of 
the Senate and the House of Representatives 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 Proceeds.--(1) The Secretary may use amounts received 
under subsection (d)(1)(A) to pay for general supervision, 
administration and overhead expenses incurred by the Secretary under 
the agreement and for improvement, maintenance, repair, construction, 
or restoration of the port operations area or of roads and railways 
serving the area at the Naval Construction Battalion Center.
    (2) The Secretary may use amounts received 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 in the joint use area and for relocating operations of the 
Navy from the vacated facilities to the replacement facilities.
    (g) Authority To Replace Facilities.--The Secretary may authorize 
the District to demolish existing facilities in the joint use area and, 
consistent with the restrictions required by subsection (c)(2), 
construct new facilities on the property for the joint use of the Navy 
and the District.
    (h) Description of Property.--The exact acreage and legal 
description of the real property subject to the agreement authorized 
under this section shall be determined by a survey that is satisfactory 
to the Secretary. The cost of the survey shall be borne by the 
District.
    (i) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the agreement 
authorized under this section as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 2823. 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.--The Secretary may prescribe a 
rental price for the real property leased under subsection (a) that is 
less than the fair market rental value of such property.
    (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, 
Coronado, California, and to protect the interests of the United 
States.

SEC. 2824. RELEASE OF REVERSIONARY INTEREST ON CERTAIN PROPERTY IN YORK 
              COUNTY AND JAMES CITY COUNTY, VIRGINIA, 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 and James City County, Virginia, 
and the city of Newport News, Virginia.
    (c) Additional Terms.--The Secretary may require such terms or 
conditions in connection with the release under this section as the 
Secretary considers appropriate to protect the interests of the United 
States and to ensure that the real property will continue to be used 
for public purposes.
    (d) Instrument of Release.--The Secretary may execute and file in 
the appropriate office or offices a deed of release, amended deed, or 
other appropriate instrument effectuating the release of the 
reversionary interest under this section.

SEC. 2825. LAND TRANSFER, FORT DEVENS, MASSACHUSETTS.

    (a) Transfer.--Notwithstanding any other provision of law and 
subject to subsection (b), the Secretary of the Army shall transfer 
administrative jurisdiction of approximately 800 acres of land at Fort 
Devens, Massachusetts, to the Secretary of the Interior for inclusion 
in the Oxbow National Wildlife Refuge, Massachusetts.
    (b) Limitation on Transfer.--The Secretary of the Army may not 
carry out the transfer referred to in subsection (a) unless the 
Secretary and the reuse authority for Fort Devens for the purposes 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), jointly determine 
that the transfer of the land under this section is consistent with the 
redevelopment plan prepared under section 2905(b) of such Act.
    (c) Administration of Land.--The Secretary of the Interior shall 
administer the land transferred under this section in accordance with 
all laws applicable to areas in the National Wildlife Refuge System.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be transferred under this section shall 
be determined by a survey satisfactory to the Secretary of the Army and 
the Secretary of the Interior.

SEC. 2826. LAND CONVEYANCE, CORNHUSKER ARMY AMMUNITION PLANT, HALL 
              COUNTY, NEBRASKA.

    (a) Conveyance Authorized.--Subject to subsection (b), the 
Secretary of the Army may convey to the Hall County, Nebraska, Board of 
Supervisors (in this section referred to as the ``Board''), or the 
designee of the Board, all right, title and interest of the United 
States in and to the real property, together with any improvements 
thereon, located in Hall County, Nebraska, the site of the Cornhusker 
Army Ammunition Plant.
    (b) Requirement Relating to Conveyance.--The Secretary may not 
carry out the conveyance authorized under subsection (a) until the 
Secretary completes any environmental restoration required with respect 
to the property to be conveyed.
    (c) Utilization of Property.--The Board or its designee, as the 
case may be, shall utilize the real property conveyed under subsection 
(a) in a manner consistent with the Cornhusker Army Ammunition Plant 
Reuse Committee Comprehensive Reuse Plan.
    (d) Consideration.--In consideration for the conveyance under 
subsection (a), the Board or its designee, as the case may be, shall 
pay to the United States an amount equal to the fair market value of 
the real property to be conveyed, as determined by the Secretary.
    (e) Use of Proceeds.--(1) The Secretary shall deposit in the 
special account established under section 204(h)(2) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)) the 
amount received from the Board or its designee under subsection (d).
    (2) Notwithstanding subparagraph (A) of such section 204(h)(2), the 
Secretary may use the entire amount deposited in the account under 
paragraph (1) for the purposes set forth in subparagraph (B) of such 
section 204(h)(2).
    (f) Description of Property.--The exact acreage and legal 
description of the property conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the Board or its designee, as the case may be.
    (g) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2827. TRANSFER OR CONVEYANCE OF CERTAIN PARCELS OF PROPERTY 
              THROUGH GENERAL SERVICES ADMINISTRATION.

    (a) In General.--(1) Subject to paragraph (2), the Administrator of 
General Services shall--
            (A) transfer jurisdiction over all or a portion of a parcel 
        of real property described in subsection (b) to another 
        executive agency if the Administrator determines under 
        subsection (c) that the transfer of jurisdiction to the agency 
        is appropriate;
            (B) convey all or a portion of such a parcel to a State or 
        local government or nonprofit organization if the Administrator 
        determines under subsection (d) that the conveyance to the 
        government or organization is appropriate; or
            (C) convey all or a portion of such a parcel to the entity 
        specified to receive the conveyance under subsection (e) in 
        accordance with that subsection.
    (2) The Administrator shall carry out an action referred to in 
subparagraph (A), (B), or (C) of paragraph (1) only upon direction by 
the Secretary of Defense. The Secretary shall make the direction, if at 
all, in accordance with subsection (g).
    (3) Upon the direction of the Secretary of Defense, the Secretary 
of the military department concerned shall transfer jurisdiction over 
an appropriate portion of a parcel of real property referred to in 
paragraph (1) to the Administrator in order to permit the Administrator 
to carry out the transfer of jurisdiction over or conveyance of the 
portion of the parcel under this section.
    (b) Covered Property.--(1) The parcels of real property referred to 
in subsection (a)(1) are the following:
            (A) A parcel of real property, including any improvements 
        thereon, consisting of approximately 337 acres and located in 
        Tulsa, Oklahoma, the location of Air Force Plant No. 3.
            (B) A parcel of real property, including any improvements 
        thereon, consisting of approximately 2,900 acres and located in 
        Calverton, New York, the location of the Naval Weapons 
        Industrial Reserve Plant.
            (C) A parcel of real property, including any improvements 
        thereon, located in Johnson City (Westover), New York, the 
        location of Air Force Plant No. 59.
            (D) A parcel of real property, including any improvements 
        thereon, consisting of approximately 4 acres and located in 
        Dickinson, North Dakota, the location of a support complex, 
        recreational facilities, and housing facilities for the Radar 
        Bomb Scoring Site, Dickinson, North Dakota.
            (E) A parcel of real property, including any improvements 
        thereon, consisting of approximately 12 acres and located west 
        of Finley, North Dakota, the location of a support complex, 
        recreational facilities, and housing facilities for the Finley 
        Air Force Station and Radar Bomb Scoring Site, Finley, North 
        Dakota.
            (F) A parcel of property, including any improvements 
        thereon, consisting of approximately 440 acres located at the 
        Hawthorne Army Ammunition Plant, Mineral County, Nevada, and 
        commonly referred to as the Babbitt Housing Site.
            (G) A parcel of real property, including any improvements 
        thereon and the pier associated therewith, consisting of 
        approximately 118 acres and located in Harpswell, Maine, the 
        location of the Defense Fuel Supply Point, Casco Bay, Maine.
    (2) The exact acreage and legal description of the real property 
referred to in paragraph (1) that is transferred or conveyed under this 
section shall be determined by a survey satisfactory to the Secretary 
of the military department concerned. The cost of the survey shall be 
borne by the Secretary concerned. The transferee or conveyee, if any, 
of the property under this section shall reimburse the Secretary 
concerned for the cost borne by that Secretary for the survey of the 
property.
    (c) Determination of Transferees.--(1) Subject to subsection 
(a)(2), the Administrator shall transfer jurisdiction over all or a 
portion of a parcel of real property referred to in subsection (b)(1) 
to an executive agency if the Administrator determines under this 
subsection that the transfer is appropriate.
    (2) Not later than 5 days after the date of the enactment of this 
Act, the Administrator shall inform the heads of the executive agencies 
of the availability of the parcels of real property referred to in 
subsection (b)(1).
    (3) The head of an executive agency having an interest in obtaining 
jurisdiction over any portion of a parcel of real property referred to 
in paragraph (2) shall notify the Administrator, in writing, of the 
interest within such time as the Administrator shall specify with 
respect to the parcel in order to permit the Administrator to determine 
under paragraph (4) whether the transfer of jurisdiction to the agency 
is appropriate.
    (4)(A) The Administrator shall--
            (i) evaluate in accordance with section 202(a) of the 
        Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 483(a)) the notifications of interest, if any, received 
        under paragraph (3) with respect to a parcel of real property; 
        and
            (ii) determine in accordance with that section the 
        executive agency, if any, to which the transfer of jurisdiction 
        is appropriate.
    (B) The Administrator shall complete the determination under 
subparagraph (A) with respect to a parcel not later than 30 days after 
informing the heads of the executive agencies of the availability of 
the parcel.
    (d) Determination of Conveyees.--(1) Subject to subsection (a)(2), 
the Administrator shall convey all right, title, and interest of the 
United States in and to all or a portion of a parcel of real property 
referred to in paragraph (2) to a government or organization referred 
to in paragraph (3) if the Administrator determines under this 
subsection that the conveyance is appropriate.
    (2) Paragraph (2) applies to any portion of a parcel of real 
property referred to in subsection (b)(1)--
            (A) for which the Administrator receives no notification of 
        interest from the head of an executive agency under subsection 
        (c); or
            (B) with respect to which the Administrator determines 
        under paragraph (4)(B) of that subsection that a transfer of 
        jurisdiction under this section would not be appropriate.
    (3)(A) In the case of the property referred to in paragraph (2), 
the governments and organizations referred to in that paragraph are the 
following:
            (i) The State government of the State in which the property 
        is located.
            (ii) Local governments affected (as determined by the 
        Administrator) by operations of the Department of Defense at 
        the property.
            (iii) Nonprofit organizations located in the vicinity of 
        the property and eligible under Federal law to be supported 
        through the use of Federal surplus real property.
    (B) In this paragraph, the term ``nonprofit organization'' means 
any organization listed in subsection (c)(3) of section 501 of the 
Internal Revenue Code of 1986 (26 U.S.C. 501) that is exempt from 
taxation under subsection (a) of that section.
    (4) Not later than 5 days after completing the determination under 
subsection (c)(4)(B), the Administrator shall determine what, if any, 
parcels of property referred to in subsection (b)(1) are available for 
conveyance under this subsection and shall inform the appropriate 
governments and organizations of the availability of the parcels for 
conveyance under this section.
    (5) A government or organization referred to in paragraph (4) shall 
notify the Administrator, in writing, of the interest of the government 
or organization, as the case may be, in the conveyance of all or a 
portion of the parcel of real property concerned to the government or 
organization. The government or organization shall notify the 
Administrator within such time as the Administrator shall specify with 
respect to the parcel in order to permit the Administrator to determine 
under paragraph (6) whether the conveyance of the parcel to the 
government or organization, as the case may be, is appropriate.
    (6)(A) The Administrator shall--
            (i) evaluate in accordance with section 203 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        484) the notifications, if any, received under paragraph (5) 
        with respect to a parcel of real property; and
            (ii) determine in accordance with that section the 
        government or organization, if any, to which the conveyance is 
        appropriate.
    (B) The Administrator shall complete the determination under 
subparagraph (A) with respect to a parcel not later than 70 days after 
notifying the governments and organizations concerned of the 
availability of the parcel for conveyance.
    (e) Additional Conveyance Authority.--(1) Subject to subsection 
(g)(2), the Administrator shall, in lieu of transferring jurisdiction 
over or conveying the parcels of real property referred to in 
subsection (b)(1) in accordance with subsections (c) and (d), convey 
all or a portion of such parcels as follows:
            (A) In the case of the parcel referred to in subparagraph 
        (A) of subsection (b)(1), by conveying without consideration 
        all right, title, and interest of the United States in and to 
        the parcel to the City of Tulsa, Oklahoma.
            (B) In the case of the parcel referred to in subparagraph 
        (B) of that subsection, by conveying without consideration all 
        right, title, and interest of the United States in and to the 
        parcel to any economic development authority that the Governor 
        of New York determines appropriate and identifies as such for 
        the Administrator.
            (C) In the case of the parcel referred to in subparagraph 
        (C) of that subsection, by conveying without consideration all 
        right, title, and interest of the United States in and to the 
        parcel to the Broome County Industrial Development Authority.
            (D) In the case of the parcel referred to in subparagraph 
        (D) of that subsection, by conveying without consideration all 
        right, title, and interest of the United States in and to the 
        parcel to the North Dakota Board of Higher Education.
            (E) In the case of the parcel referred to in subparagraph 
        (E) of that subsection, by conveying without consideration all 
        right, title, and interest of the United States in and to the 
        parcel to the City of Finley, North Dakota.
            (F) In the case of the parcel referred to in subparagraph 
        (F) of that subsection, by conveying without consideration all 
        right, title, and interest of the United States in and to the 
        parcel to the government of Mineral County, Nevada.
            (G) In the case of the parcel referred to in subparagraph 
        (F) of that subsection, by conveying without consideration all 
        right, title, and interest of the United States in and to the 
        parcel to the Town of Harpswell, Maine.
    (2) The Administrator may require such additional terms and 
conditions in connection with a conveyance under this subsection as the 
Administrator and the Secretary of Defense jointly consider appropriate 
to protect the interests of the United States.
    (f) Report by Administrator.--(1) Not later than 125 days after the 
date of the enactment of this Act, the Administrator shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives and to the Secretary of Defense a report on the 
activities of the Administrator under this section.
    (2) The report shall include with respect to each parcel of real 
property referred to in subsection (b)(1) the following information:
            (A) The interest, if any, for all or a portion of the 
        parcel that was expressed by executive agencies under 
        subsection (c) or by governments or nonprofit organizations 
        under subsection (d).
            (B) The use, if any, proposed for the portion of the parcel 
        under each expression of interest.
            (C) The determination of the Administrator whether a 
        transfer or conveyance of all or a portion of the parcel, as 
        the case may be, to the agency, government, or organization was 
        appropriate.
            (D) The other disposal options, if any, that the 
        Administrator has identified for the parcel.
            (E) Any other matters that the Administrator considers 
        appropriate.
    (g) Designation of Authority To Be Used.--(1) If the Administrator 
submits the report required under subsection (f) within the time 
specified in that subsection, the Secretary of Defense may direct the 
Administrator under subsection (a)(2) to carry out the transfer or 
conveyance under subsection (c) or (d) of all or a portion of a parcel 
of property referred to in subsection (b)(1) in accordance with the 
determinations made by the Administrator with respect to the transfer 
or conveyance of the parcel under subsection (c) or (d), respectively.
    (2) If the Administrator does not submit the report required under 
subsection (f) within the time specified in that subsection, the 
Secretary may direct the Administrator to carry out the conveyances of 
the parcels of property that are authorized under subsection (e) in 
accordance with such subsection (e).

       Subtitle D--Changes to Existing Land Transaction Authority

SEC. 2831. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL MILITARY 
              RESERVATION, VIRGINIA.

    (a) Participation of Additional Political Subdivisions in Regional 
Correctional Facility.--Subparagraph (B) of 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. 108) is 
amended to read as follows:
    ``(B) Subparagraph (A) shall not be construed to prohibit any 
political subdivision not named in such subparagraph from--
            ``(i) participating initially in the written agreement 
        referred to in paragraph (2); or
            ``(ii) agreeing at a later date to participate as a member 
        of the governmental entity referred to in paragraph (2)(A), or 
        by contract with such entity, in the construction or operation 
        of the regional facility to be constructed on the parcel of 
        land conveyed under this section.''.
    (b) Time for Construction and Operation of Correctional Facility.--
(1) Subsection (d)(1)(A)(i) of such section is amended by striking out 
``not later than 24 months after the date of the enactment of this 
Act'' and inserting in lieu thereof ``not later than April 1, 1997''.
    (2) The Secretary of the Army shall provide the recipient of the 
conveyance of property under section 603 of such Act with such legal 
instrument as is appropriate to modify, in accordance with the 
amendment made by paragraph (1), any statement of conditions contained 
in any existing instrument which conveyed the property to that 
recipient. The Secretary shall record the instrument in the appropriate 
office or officers of the Commonwealth of Virginia or political 
subdivision within the Commonwealth.

SEC. 2832. MODIFICATION 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.

SEC. 2833. MODIFICATION OF LAND CONVEYANCE, FORT KNOX, KENTUCKY.

    Section 2816 of the Military Construction Authorization Act for 
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat. 
1655) is amended--
            (1) in subsection (c), by striking out ``for the 
        construction of up to four units of military family housing at 
        Fort Knox, Kentucky'' and inserting in lieu thereof ``for 
        improvements to military family housing at Fort Knox, Kentucky, 
        in an amount not to exceed $255,000'';
            (2) by striking out subsection (d); and
            (3) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.

SEC. 2834. 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) and (b):
    ``(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.--(1) The Secretary 
of the Navy may not carry out or permit any commercial or residential 
development of the property referred to in paragraph (2) that is 
inconsistent with the purpose specified in subsection (a).
    ``(2) Paragraph (1) applies to any parcel of real property within 
the Calverton Pine Barrens that is under the jurisdiction of the 
Secretary.''.
    (b) Conforming Amendments.--Subsection (c) of such section, as 
redesignated by subsection (a)(1), is amended--
            (1) by striking out ``Prohibition.--'' and inserting in 
        lieu thereof ``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).''.

                       Subtitle E--Other Matters

SEC. 2841. JOINT CONSTRUCTION CONTRACTING FOR COMMISSARIES AND 
              NONAPPROPRIATED FUND INSTRUMENTALITY FACILITIES.

    (a) Single Contract Construction.--Section 2685 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(d)(1) The Secretary of a military department may authorize a 
nonappropriated fund instrumentality of the United States to enter into 
a contract for construction of a shopping mall or similar facility for 
a commissary store and one or more nonappropriated fund instrumentality 
activities. The Secretary may use the proceeds of adjustments or 
surcharges authorized by subsection (a) to reimburse the 
nonappropriated fund instrumentality for the portion of the cost of the 
contract that is attributable to construction of the commissary store 
or to pay the contractor directly for that portion of such cost.
    ``(2) In paragraph (1), the term `construction', with respect to a 
facility, includes acquisition, conversion, expansion, installation, or 
other improvement of the facility.''.
    (b) Obligation of Anticipated Proceeds.--Subsection (c) of such 
section is amended by inserting ``or (d)'' after ``subsection (b)'' 
both places it appears.

SEC. 2842. NATIONAL GUARD FACILITY CONTRACTS SUBJECT TO PERFORMANCE 
              SUPERVISION BY THE ARMY OR THE NAVY.

    (a) Contracts Subject To Supervision.--Subsection (a) of section 
2237 of title 10, United States Code, is amended by striking out 
``under any provision'' and all that follows through ``and (4)'' and 
inserting in lieu thereof ``under section 2233(a)(1)''.
    (b) Conforming Amendment.--Subsection (b) of such section is 
amended by striking out ``or (4)'' and inserting in lieu thereof ``(4), 
(5), or (6)''.

SEC. 2843. WAIVER OF REPORTING REQUIREMENTS FOR CERTAIN REAL PROPERTY 
              TRANSACTIONS IN THE EVENT OF WAR OR NATIONAL EMERGENCY.

    Section 2662 of title 10, United States Code, is amended by adding 
at the end the following:
    ``(g)(1) Subsections (a) and (e) do not apply--
            ``(A) during a period described in paragraph (2); or
            ``(B) to transactions described in such subsections that 
        are undertaken to restore Federal Government operations, to 
        provide public assistance or relief, or to restore public order 
        in relation to a major disaster declared in accordance with the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.).
    ``(2) The periods referred to in paragraph (1)(A) are as follows:
            ``(A) A period of war declared by Congress.
            ``(B) A period of national emergency declared by the 
        President in accordance with the National Emergencies Act (50 
        U.S.C. 1601 et seq.)
    ``(3) Not later than 30 days after taking an action for which prior 
notification would, except for this subsection, otherwise be required 
under subsection (a) or (e), the Secretary of the military department 
concerned or, in the case of an element of the Department of Defense 
not within a military department, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report on the action taken.''.

SEC. 2844. REPORT ON USE OF FUNDS FOR ENVIRONMENTAL RESTORATION AT 
              CORNHUSKER ARMY AMMUNITION PLANT, HALL COUNTY, NEBRASKA.

    (a) Report Required.--The Secretary of the Army shall submit to 
Congress a report describing the manner in which funds available to the 
Army for operation and maintenance (including funds in the Defense 
Environmental Restoration Account established under section 2703(a)(1) 
of title 10, United States Code) will be used by the Secretary for 
environmental restoration and maintenance of the real property that 
comprises the Cornhusker Army Ammunition Plant, Hall County, Nebraska.
    (b) Contents.--The report shall include the following:
            (1) The funding plan for environmental restoration at the 
        Cornhusker Army Ammunition Plant.
            (2) A legal opinion stating whether any portion of the 
        funds to be used for such environmental restoration may be used 
        for the repair of the roads at the Plant in order to bring such 
        roads into compliance with applicable State and local public 
        works codes.
            (3) A survey of the roads at the Plant that identifies 
        which roads, if any, are in need of repair in order to bring 
        the roads at the Plant into compliance with such codes.
            (4) An estimate of the cost of the repair of the roads 
        referred to in paragraph (3) in order to bring the roads into 
        compliance.
            (5) An explanation of the purpose, cost, and source of 
        funds for any proposed preservation of documents or other 
        materials relating to the cultural, historical, and natural 
        resources associated with the Plant.
    (c) Submission of Report.--The Secretary shall submit the report 
required by this section not later than May 1, 1995.

SEC. 2845. DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION 
              DEMONSTRATION PROGRAM.

    (a) Program Required.--The Secretary of Defense shall carry out a 
Department of Defense Laboratory Revitalization Demonstration Program. 
Under the program the Secretary may carry out minor military 
construction projects in accordance with subsection (b) and other 
applicable law to improve Department of Defense laboratories covered by 
the program.
    (b) Increased Maximum Amounts Applicable to Minor Construction 
Projects.--For purpose of any military construction project carried out 
under the program--
            (1) the amount provided in subsection (a)(1) of section 
        2805 of title 10, United States Code, shall be deemed to be 
        $3,000,000;
            (2) the amount provided in subsection (b)(1) of such 
        section shall be deemed to be $1,500,000; and
            (3) the amount provided in subsection (c)(1) of such 
        section shall be deemed to be $1,000,000.
    (c) Designation of Covered Laboratories.--Not later than 30 days 
before commencing the program, the Secretary shall designate the 
Department of Defense laboratories that are to be covered by the 
program and notify Congress of the laboratories so designated. Only the 
designated laboratories may be covered by the program.
    (d) Report.--Not later than September 30, 1998, the Secretary shall 
submit to Congress a report on the program. The report shall include 
the Secretary's conclusions and recommendations regarding the 
desirability and feasibility of extending the authority set forth in 
subsection (b) to cover all Department of Defense laboratories.
    (e) Exclusivity of Program.--Nothing in this section may be 
construed to limit any other authority provided by law for any military 
construction project at a Department of Defense laboratory covered by 
the program.
    (f) Definitions.--In this section:
            (1) The term ``laboratory'' includes--
                    (A) a research, engineering, and development 
                center;
                    (B) a test and evaluation activity owned, funded, 
                and operated by the Federal Government through the 
                Department of Defense; and
                    (C) a supporting facility of a laboratory.
            (2) The term ``supporting facility'', with respect to a 
        laboratory, means any building or structure that is used in 
        support of research, development, test, and evaluation at a 
        laboratory.
            (3) The term ``Department of Defense laboratory'' does not 
        include a contractor owned laboratory.
    (g) Expiration of Authority.--The Secretary may not carry out the 
program after September 30, 1999.

SEC. 2846. AGREEMENTS OF SETTLEMENT FOR RELEASE OF IMPROVEMENTS AT 
              OVERSEAS MILITARY INSTALLATIONS.

    (a) Agreements Subject to OMB Review.--Subsection (g) of section 
2921 of the Military Construction Authorization Act for Fiscal Year 
1991 (division B of Public Law 101-510; 10 U.S.C. 2687 note) is amended 
by inserting after the first sentence the following: ``The prohibition 
set forth in the preceding sentence shall apply only to agreements of 
settlement for improvements having a value in excess of $10,000,000.''.
    (b) Reports to Congress.--Such subsection, as amended by subsection 
(a), is further amended--
            (1) by inserting ``(1)'' before ``The Secretary of 
        Defense''; and
            (2) by adding at the end the following:
    ``(2) Each year, the Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on each proposed agreement of settlement that was not submitted by the 
Secretary to the Director of the Office of Management and Budget in the 
previous year under paragraph (1) because the value of the improvements 
to be released pursuant to the proposed agreement did not exceed 
$10,000,000.''.

SEC. 2847. REVISIONS TO RELEASE OF REVERSIONARY INTEREST, OLD SPANISH 
              TRAIL ARMORY, HARRIS COUNTY, TEXAS.

    (a) Clerical Amendments.--Section 2820 of the Military Construction 
Authorization Act for Fiscal Year 1994 (division B of Public Law 103-
160; 107 Stat. 1894) is amended--
            (1) in subsection (a), by striking out ``1936'' and 
        inserting in lieu thereof ``1956''; and
            (2) in subsection (b)(1), by striking out ``value'' and 
        inserting in lieu thereof ``size''.
    (b) Payment for Survey.--Subsection (c) of such section is amended 
by adding at the end the following: ``The cost of the survey shall be 
borne by the State of Texas.''.

SEC. 2848. TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT RADAR BOMB 
              SCORING SITE, HOLBROOK, ARIZONA.

    (a) Transfer Authorized.--As part of the closure of an Air Force 
Radar Bomb Scoring Site located near Holbrook, Arizona, the Secretary 
of the Air Force may transfer without reimbursement the administrative 
jurisdiction, accountability and control of the housing units and 
associated support facilities used in connection with the site to the 
Secretary of the Interior for use in connection with 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 of real property under subsection (a) as the 
Secretary considers appropriate.

SEC. 2849. 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:
    ``(d) Restoration Advisory Board.--(1) In lieu of establishing a 
technical review committee under subsection (c), the Secretary may 
permit the establishment of a restoration advisory board in connection 
with any installation (or group of nearby installations) where the 
Secretary is planning or implementing environmental restoration 
activities.
    ``(2) The Secretary shall prescribe regulations regarding the 
characteristics, composition, funding and establishment of restoration 
advisory boards pursuant to this subsection, if the Secretary decides 
to use this authority. Prescription of regulations shall not be a 
precondition to establishment of a restoration advisory board or impact 
restoration advisory board established prior to the date of enactment 
of this section.
    ``(3) The Secretary may provide for the payment of routine 
administrative expenses of a restoration advisory board from funds 
available for the operation and maintenance of the installation (or 
installations) for which the board is established or from the funds 
available under subsection (e)(4).''.
    (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:
    ``(e) Assistance for Citizen Participation.--(1)(A) Subject to 
subparagraph (B), the Secretary shall make available under paragraph 
(4) funds to facilitate the participation of individuals from the 
private sector on technical review committees and restoration advisory 
boards for the purpose of ensuring public input into the planning and 
implementation of environmental restoration activities at installations 
where such committees and boards are in operation.
    ``(B) A committee or advisory board for an installation is eligible 
for funding assistance under this subsection only if the committee or 
board is composed of individuals from the private sector who reside in 
a community in the vicinity of the installation and who are not 
potentially responsible parties with respect to environmental hazards 
at the installation.
    ``(2) Individuals who are local community members of a technical 
review committee or restoration advisory board may use funds made 
available under this subsection 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 restoration 
        activities proposed or conducted at the installation; and
            ``(B) to assist such members and affected citizens to 
        participate more effectively in environmental restoration 
        activities at the installation.
    ``(3) The members of a technical review committee or restoration 
advisory board may employ technical or other experts in accordance with 
regulations prescribed under subsections (d) and (e)(1) of title 10, 
United States Code as added by this section.
    ``(4)(A) Subject to subparagraph (B), the Secretary shall make 
funds available under this subsection using funds in the following 
accounts:
            ``(i) In the case of a military installation not closed 
        pursuant to a base closure law, the Defense Environmental 
        Restoration Account established in section 2703(a) of this 
        title .
            ``(ii) In the case of a technical review committee or 
        restoration advisory board established for a military 
        installation to be closed, the Department of Defense Base 
        Closure Account 1990 established under section 2906(a) of the 
        Defense Base Closure and Realignment Act of 1990 (part A of 
        title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
    ``(B) The total amount of funds available under this subsection for 
fiscal year 1995 may not exceed $7,500,000.''.
    (c) Involvement of Committees and Boards in Defense Environmental 
Restoration Program.--Such section is further amended by adding after 
subsection (e), as added by subsection (b), the following:
    ``(f) Involvement in Defense Environmental Restoration Program.--If 
a technical review committee or restoration advisory board is 
established with respect to an installation, the Secretary shall 
consult with and seek the advice of the committee or board on the 
following issues:
            ``(1) Identifying environmental restoration activities and 
        projects at the installation.
            ``(2) Monitoring progress on these activities and projects.
            ``(3) Collecting information regarding restoration 
        priorities for the installation.
            ``(4) Addressing land use, level of restoration, acceptable 
        risk, and waste management and technology development issues 
        related to environmental restoration at the installation.
            ``(5) Developing environmental restoration strategies for 
        the installation.''.
    (d) Implementation Requirements.--Not later than 180 days after the 
date on which the Secretary announces a decision to establish 
restoration advisory boards, the Secretary of Defense shall--
            (1) prescribe the regulations required under subsections 
        (d) and (e)(1) of title 10, United States Code, as added by 
        this section; and
            (2) take appropriate actions to notify the public of the 
        availability of funding under subsection (e) of such section, 
        as so added.
    ``(e) Report.--The Secretary shall report to the Committees on 
Armed Services of the Senate and the House of Representatives by May 1, 
1996, on the establishment of restoration advisory boards and funds 
expended for assistance for citizen participation.

SEC. 2850. SENSE OF THE SENATE ON AUTHORIZATION OF FUNDS FOR MILITARY 
              CONSTRUCTION PROJECTS NOT REQUESTED IN THE PRESIDENT'S 
              ANNUAL BUDGET REQUEST.

    (a) Sense of the Senate.--It is the sense of the Senate that, to 
the maximum extent practicable, the Senate should consider the 
authorization for appropriation of funds for a military construction 
project not included in the annual budget request of the Department of 
Defense only if:
            (1) the project is consistent with past actions of the Base 
        Realignment and Closure process;
            (2) the project is included in the military construction 
        plan of the military department concerned incorporated in the 
        Future Years Defense Program;
            (3) the project is necessary for reasons of the national 
        security of the United States; and
            (4) a contract for construction of the project can be 
        awarded in that fiscal year.
    (b) Views of the Secretary of Defense.--In considering these 
criteria, the Senate should obtain the views of the Secretary of 
Defense. These views should include whether funds for a military 
construction project not included in the budget request can be offset 
by funds for other programs, projects, or activities, including 
military construction projects, in the budget request and, if so, the 
specific offsetting reductions recommended by the Secretary of Defense.

 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.--Subject to subsection (f), 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 
$1,187,818,000, to be allocated as follows:
            (1) For core research and development, $795,551,000, to be 
        allocated as follows:
                    (A) For operating expenses, $649,341,000.
                    (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), $76,790,000, to be 
                allocated as follows:
                            Project GPD-101, general plant projects, 
                        various locations, $8,500,000.
                            Project 95-D-102, Chemical and Metallurgy 
                        Research Building 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, 
                        $7,700,000.
                            Project 88-D-106, nuclear weapons research, 
                        development, and testing facilities 
                        revitalization, Phase II, various locations, 
                        $22,480,000.
            (2) 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.
            (3) For technology transfer, $215,794,000, to be allocated 
        as follows:
                    (A) For operating expenses, $209,794,000.
                    (B) For capital equipment, $6,000,000.
    (b) Testing.--Subject to subsection (f), 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 $384,719,000, to be 
allocated as follows:
            (1) For testing capabilities and readiness $374,719,000, to 
        be allocated as follows:
                    (A) For operating expenses, $338,249,000.
                    (B) For capital equipment, $15,470,000.
                    (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 operating expenses for solar energy development, 
        $10,000,000.
    (c) Stockpile Support.--Subject to subsection (f), 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 
$1,557,085,000, to be allocated as follows:
            (1) For operating expenses for stockpile support, 
        $1,487,085,000.
            (2) For capital equipment, $15,880,000.
            (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), 
        $54,120,000, to be allocated as follows:
                    Project GPD-121, general plant projects, various 
                locations, $1,000,000.
                    Project 95-D-122, sanitary sewer upgrade Oak Ridge 
                Y-12 Plant, Oak Ridge, Tennessee, $2,200,000.
                    Project 95-D-123, replace transportation 
                safeguards, aviation facility, Albuquerque, New Mexico, 
                $2,000,000.
                    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-122, facilities capability assurance 
                program, various locations, $19,620,000.
                    Project 88-D-123, security enhancements, Pantex 
                Plant, Amarillo, Texas, $15,000,000.
    (d) Program Direction.--Subject to subsection (f), 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 $169,852,000, 
to be allocated as follows:
            (1) For operating expenses for weapons program direction, 
        $167,498,000.
            (2) For capital equipment, $2,354,000.
    (e) Reconfiguration.--Subject to subsection (f), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for nuclear weapons complex reconfiguration in carrying out 
weapons activities necessary for national security programs in the 
amount of $152,271,000, to be allocated as follows:
            (1) For operating expenses for reconfiguration, 
        $94,271,000.
            (2) 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), 
        $58,000,000, all of which to be allocated as follows:
                    Project 93-D-123, complex-21, various locations.
    (f) Adjustments.--Subject to section 3105, 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 
(e) reduced by the sum of--
            (1) $131,077,000, for use of prior year balances; and
            (2) $11,000,000, for savings resulting from procurement 
        reform.

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) Corrective Activities.--Subject to subsection (h), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for corrective activities in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $1,012,000, all of which to 
be allocated to a plant project (including maintenance, restoration, 
planning, construction, acquisition, modification of facilities, and 
the continuation of projects authorized in prior years, and land 
acquisition related thereto) as follows:
            Project 92-D-403, tank upgrades project, Lawrence Livermore 
        National Laboratory, California.
    (b) Environmental Restoration.--(1) Subject to paragraph (2), 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 
$1,531,969,000.
    (2) Subject to subsection (h), 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) Subject to paragraph (2), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for waste management in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $2,913,045,000, to be allocated as 
follows:
            (A) For operating expenses, $2,408,029,000.
            (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), 
        $400,226,000, to be allocated as follows:
                    Project GPD-171, general plant projects, various 
                locations, $23,742,000.
                    Project 95-D-401, radiological support facilities, 
                Richland, Washington, $1,585,000.
                    Project 95-D-402, install permanent electrical 
                service, Waste Isolation Pilot Plant, New Mexico, 
                $700,000.
                    Project 95-D-403, hazardous waste storage facility, 
                Mound Plant, Miamisburg, Ohio, $597,000.
                    Project 95-D-405, industrial landfill V and 
                construction demolition landfill VII, Oak Ridge Y-12 
                Plant, Oak Ridge, Tennessee, $1,000,000.
                    Project 95-D-406, road 5-01 reconstruction, area 5, 
                Nevada Test Site, Nevada, $2,338,000.
                    Project 95-D-407, 219-S secondary containment 
                upgrade, Richland, Washington, $2,000,000.
                    Project 95-D-408, Phase II liquid effluent 
                treatment and disposal, Richland, Washington, 
                $7,100,000.
                    Project 94-D-400, high explosive wastewater 
                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, $18,910,000.
                    Project 93-D-183, multi-tank waste storage 
                facility, Richland, Washington, $95,305,000.
                    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, $11,747,000.
                    Project 90-D-178, TSA retrieval containment 
                building, Idaho National Engineering Laboratory, Idaho, 
                $7,594,000.
                    Project 89-D-173, tank farm ventilation upgrade, 
                Richland, Washington, $800,000.
                    Project 89-D-174, replacement high-level waste 
                evaporator, Savannah River, South Carolina, 
                $18,000,000.
                    Project 89-D-175, hazardous waste/mixed waste 
                disposal facility, Savannah River, South Carolina, 
                $500,000.
                    Project 86-D-103, decontamination and waste 
                treatment facility, Lawrence Livermore National 
                Laboratory, California, $9,500,000.
                    Project 83-D-148, nonradioactive hazardous waste 
                management, Savannah River, South Carolina, $6,000,000.
                    Project 81-T-105, defense waste processing 
                facility, Savannah River, South Carolina, $45,058,000.
    (2) Subject to subsection (h), the total amount authorized to be 
appropriated pursuant to this subsection is the sum of the amounts 
authorized to be appropriated in paragraph (1) reduced by $160,800,000, 
as a result of the productivity savings initiative.
    (d) Technology Development.--Subject to subsection (h), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for technology development in 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, $400,974,000.
            (2) For capital equipment, $25,435,000.
    (e) Transportation Management.--Subject to subsection (h), funds 
are hereby authorized to be appropriated to the Department of Energy 
for fiscal year 1995 for transportation management in carrying out 
environmental restoration and waste management activities necessary for 
national security programs in the amount of $20,684,000, to be 
allocated as follows:
            (1) For operating expenses, $20,240,000.
            (2) For capital equipment, $444,000.
    (f) Program Direction.--Subject to subsection (h), funds are 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) Subject to paragraph 
(2), funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1995 for facility transition and management 
in carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount of 
$791,857,000, to be allocated as follows:
            (A) For operating expenses, $681,550,000.
            (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 
                upgrade, Richland, Washington, $7,800,000.
                    Project 94-D-415, medical facilities, Idaho 
                National Engineering Laboratory, Idaho, $4,920,000.
                    Project 94-D-451, infrastructure replacement, Rocky 
                Flats Plant, Golden, Colorado, $10,600,000.
                    Project 93-D-172, electrical upgrade, Idaho 
                National Engineering Laboratory, Idaho, $7,800,000.
                    Project 93-D-184, 325 facility compliance/
                renovation, Richland, Washington, $1,000,000.
                    Project 93-D-186, 200 area unsecured core area 
                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) Subject to subsection (h), the total amount authorized to be 
appropriated pursuant to this subsection is the sum of the amounts 
authorized to be appropriated in paragraph (1) reduced by $5,000,000, 
as a result of the productivity savings initiative.
    (h) Prior Year Balances.--Subject to section 3105, the total amount 
authorized to be appropriated pursuant to this section is the sum of 
the amounts authorized to be appropriated in subsections (a), (b)(2), 
(c)(2), (d), (e), (f), and (g)(2) reduced by the sum of--
            (1) $240,300,000 for use of prior year balances; and
            (2) $17,500,000 for savings resulting from procurement 
        reform.

SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS.

    (a) Materials Support.--Subject to subsection (d), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for materials support in carrying out nuclear materials 
support necessary for national security programs in the amount of 
$887,225,000, to be allocated as follows:
            (1) For reactor operations, $163,634,000.
            (2) For processing of nuclear materials, $369,468,000.
            (3) For support services, $167,776,000.
            (4) For capital equipment, $39,427,000.
            (5) For plant projects (including maintenance, restoration, 
        planning, construction, acquisition, modification of 
        facilities, and the continuation of projects authorized in 
        prior years, and land acquisition related thereto), 
        $88,950,000, to be allocated as follows:
                    Project GPD-146, general plant projects, various 
                locations, $21,000,000.
                    Project 95-D-154, health physics site support 
                facility, Savannah River, South Carolina, $2,000,000.
                    Project 95-D-155, upgrade site road infrastructure, 
                Savannah River, South Carolina, $750,000.
                    Project 95-D-156, radio trunking system, Savannah 
                River, South Carolina, $2,100,000.
                    Project 95-D-157, D-area powerhouse life extension, 
                Savannah River, South Carolina, $4,000,000.
                    Project 95-D-158, disassembly basin upgrades K, L, 
                and P, Savannah River, South Carolina, $13,000,000.
                    Project 93-D-147, domestic water system upgrade, 
                Phases I and II, Savannah River, South Carolina, 
                $11,300,000.
                    Project 93-D-148, replace high-level drain lines, 
                Savannah River, South Carolina, $2,700,000.
                    Project 93-D-152, environmental modification for 
                production facilities, Savannah River, South Carolina, 
                $2,900,000.
                    Project 92-D-143, health protection instrument 
                calibration facility, Savannah River, South Carolina, 
                $3,000,000.
                    Project 90-D-149, plantwide fire protection, Phases 
                I and II, Savannah River, South Carolina, $21,000,000.
                    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, $58,000,000.
    (b) Other Defense Programs.--Subject to subsection (d), funds are 
hereby authorized to be appropriated to the Department of Energy for 
fiscal year 1995 for other defense programs in carrying out defense 
programs necessary for national security programs in the amount of 
$692,204,000, to be allocated as follows:
            (1) For verification and control technology, $358,102,000, 
        to be allocated as follows:
                    (A) For operating expenses, $342,229,000.
                    (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, $120,000,000.
            (7) For fissile material control and disposition, 
        $50,000,000.
    (c) Naval Reactors.--Subject to subsection (d), funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 1995 for naval reactors in carrying out nuclear materials support 
and other defense programs necessary for national security programs in 
the amount of $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.--Subject to section 3105, 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 the sum of--
            (1) $40,000,000, for recovery of overpayment to the 
        Savannah River Pension Fund;
            (2) $6,500,000, for savings resulting from procurement 
        reform; and
            (3) $369,700,000, for transfer and 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.

SEC. 3105. GENERAL REDUCTION IN AUTHORIZATION OF APPROPRIATIONS.

    The total amount authorized to be appropriated pursuant to sections 
3101, 3102, 3103, and 3104 is the sum of the amounts authorized to be 
appropriated in such sections reduced by $220,000,000 for use of prior 
year balances from fiscal year 1994.

                Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

    (a) Notice to Congress.--(1) Except as otherwise provided in this 
title--
            (A) no amount appropriated pursuant to this title may be 
        used for any program in excess of the lesser of--
                    (i) 105 percent of the amount authorized for that 
                program by this title; or
                    (ii) $10,000,000 more than the amount authorized 
                for that program by this title; and
            (B) no amount appropriated pursuant to this title may be 
        used for any program which has not been presented to, or 
        requested of, the Congress.
    (2) An action described in paragraph (1) may not be taken until--
            (A) the Secretary of Energy has submitted to the 
        congressional defense committees a report containing a full and 
        complete statement of the action proposed to be taken and the 
        facts and circumstances relied upon in support of the proposed 
        action; and
            (B) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (3) In the computation of the 30-day period under paragraph (2), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 calendar days 
to a day certain.
    (b) Limitation on Amount Obligated.--In no event may the total 
amount of funds obligated pursuant to this title exceed the total 
amount authorized to be appropriated by this title.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

    (a) In General.--The Secretary of Energy may carry out any 
construction project under the general plant projects 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. FUNDS TRANSFER AUTHORITY.

    The Secretary of Energy may transfer funds appropriated pursuant to 
this title to other agencies of the Federal Government for the 
performance of the work for which the funds were appropriated, and 
funds so transferred may be merged with the appropriations of the 
agency to which the funds are transferred.

SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

    (a) In General.--(1) Within the amounts authorized by this title, 
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 $3,000,000.
    (2) In the case of any project in which the total estimated cost 
for advance planning and design exceeds $600,000, the Secretary shall 
notify the congressional defense committees in writing of the details 
of such project at least 30 days before any funds are obligated for 
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 $3,000,000, funds for 
such planning and design must be specifically authorized by law.

SEC. 3126. REQUIREMENT FOR COMPLETION OF CONCEPTUAL DESIGN TO PRECEDE 
              REQUEST FOR CONSTRUCTION FUNDS.

    (a) Requirement.--Before submitting to Congress a request for funds 
for a construction project that is in support of a national security 
program of the Department of Energy, the Secretary of Energy shall 
complete a conceptual design for that project.
    (b) Exceptions.--The requirement in subsection (a) does not apply 
to requests for funds--
            (1) for the costs of preparing a conceptual design for a 
        construction project referred to in that subsection; or
            (2) for 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 under sections 3101, 3102, and 3103, 
including those funds authorized to be appropriated for advance 
planning and construction design, to perform planning, design, and 
construction activities for any Department of Energy national security 
program construction project that, as determined by the Secretary, must 
proceed expeditiously in order to protect public health and safety, 
meet the needs of national defense, or protect property.
    (b) Limitation.--The Secretary may not exercise the authority under 
subsection (a) in the case of any construction project until the 
Secretary has submitted to the congressional defense 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 that are made available for 
management and support activities and for general plant projects are 
available for use, when necessary, in connection with all national 
security programs of the Department of Energy.

SEC. 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 pursuant to section 3138 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1946; 42 U.S.C. 2121 note), the Secretary of Energy shall conduct a 
stockpile stewardship recruitment and training program at the Sandia 
National Laboratories, the Lawrence 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 Joint Nuclear Weapons Council 
established by section 179 of title 10, United States Code, and the 
directors of the laboratories referred to in paragraph (1).
    (b) Support of Dual-Use Programs.--(1) As part of the recruitment 
and training program, the directors of the laboratories referred to in 
subsection (a)(1) may employ undergraduate students, graduate students, 
and postdoctoral fellows to carry out research sponsored by such 
laboratories for military or nonmilitary dual-use programs related to 
nuclear weapons stockpile stewardship.
    (2) Of the amounts authorized to be appropriated to the 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, $4,000,000 shall be available for carrying out 
paragraph (1). The amount available under this paragraph shall be 
allocated equally among the laboratories referred to in subsection 
(a)(1).
    (c) Establishment of Retiree Corps.--As part of the training and 
recruitment program, the Secretary, in coordination with the directors 
of the laboratories referred to in subsection (a)(1), shall establish 
for the laboratories a retiree corps of retired scientists who have 
expertise in research and development of nuclear weapons. The directors 
may employ the retired scientists on a part-time basis to provide 
appropriate assistance on nuclear weapons issues, to contribute 
relevant information to be archived, and to help to provide training to 
other scientists.
    (d) Report.--(1) Not later than February 1, 1995, the Secretary of 
Energy shall submit to the congressional defense committees a report on 
the demographic trends of the personnel of the laboratories referred to 
in subsection (a)(1) and on actions taken by the Department of Energy 
to remedy identified deficiencies in various skill areas.
    (2) The report shall be prepared in coordination with the Chairman 
of the Joint 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, the number of scientists needed in 
        each skill area to perform such tasks.
            (D) The number of the scientists providing services in each 
        skill area at each laboratory, stated by age.
            (E) An assessment of which skill areas are understaffed.
            (F) The number of scientists entering the weapons program 
        at each laboratory, and their skill areas.
            (G) The number of full-time equivalent personnel with 
        weapon skills, their distribution by skill and, for each such 
        skill, their distribution by age.
            (H) The number of scientists retiring from the weapons 
        program in the 5- year period ending on the date of the report 
        and the skill areas in which they worked in the year preceding 
        their retirement.
            (I) Based on the information contained in subparagraphs (A) 
        through (H), a projection of the skills areas that will become 
        understaffed in the five years following the date of the 
        report.
            (J) Alternative actions that may be taken to retain and 
        recruit scientists for the weapons programs at the laboratories 
        in order to preserve a sufficient skill base and to fulfill 
        stockpile stewardship responsibilities.
            (K) Any plans of the Secretary to take any of the 
        alternative actions referred to in subparagraph (J).

SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.

    Of the funds authorized to be appropriated by this title to the 
Department of Energy for fiscal year 1995, $176,473,000 shall be 
available for the defense inertial confinement fusion program.

SEC. 3133. PAYMENT OF PENALTIES.

    The Secretary of Energy may pay to the Hazardous Substance 
Superfund established under section 9507 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9507), from funds appropriated to the Department of 
Energy for environmental restoration and waste management activities 
pursuant to section 3102, stipulated civil penalties assessed under the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) in amounts as follows:
            (1) $50,000, assessed against the 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. LIMITATION ON USE OF FUNDS FOR SPECIAL ACCESS PROGRAMS.

    Not more than 20 percent of the funds appropriated or otherwise 
made available to the Department of Energy for fiscal year 1995 
pursuant to this title that are available for limited access programs 
and special access program may be obligated for a limited access 
program or special access program until the Secretary of Energy submits 
to the congressional defense committees the annual reports required to 
be submitted in that fiscal year under subsections (a) and (b) of 
section 93 of the Atomic Energy Act of 1954 (42 U.S.C. 2122a).

SEC. 3136. PROTECTION OF NUCLEAR WEAPONS FACILITIES WORKERS.

    Of the funds authorized to be appropriated by section 310(2) for 
environmental restoration and waste management activities, $11,000,000 
shall be available to carry out activities authorized under section 
3131 of the National Defense Authorization Act for Fiscal Years 1992 
and 1993 (Public Law 102-190; 105 Stat. 1571; 42 U.S.C. 7274d), 
relating to worker protection at nuclear weapons facilities.

SEC. 3137. NATIONAL SECURITY PROGRAMS.

    Notwithstanding any other provision of law, not more than 90 
percent of the funds appropriated to the Department of Energy for 
national security programs under this title may be obligated for such 
programs until the Secretary of Energy submits to the congressional 
defense committees the five-year budget plan with respect to fiscal 
year 1995 required under section 3144 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1681; 42 U.S.C. 7271b).

SEC. 3138. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR ENVIRONMENTAL 
              RESTORATION AND WASTE MANAGEMENT.

    Of the funds authorized to be appropriated to the Department of 
Energy for fiscal year 1995 for environmental restoration and waste 
management, $1,000,000 shall be available for the Scholarship and 
Fellowship Program for Environmental Restoration and Waste Management 
carried out under section 3123 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1572; 
42 U.S.C. 7274e).

SEC. 3139. HAZARDOUS MATERIALS MANAGEMENT AND HAZARDOUS MATERIALS 
              EMERGENCY RESPONSE TRAINING PROGRAM.

    Of the funds authorized to be appropriated to the Department of 
Energy for fiscal year 1995 under section 3102(d), not more than 
$14,000,000 shall be available to carry out a hazardous materials 
management and hazardous materials emergency response training program 
at Hanford Nuclear Reservation, Richland, Washington.

SEC. 3140. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED TO RADIATION 
              RELEASED FROM HANFORD NUCLEAR RESERVATION.

    (a) Funding.--Of the funds authorized to be appropriated to the 
Department of Energy under section 3101 for fiscal year 1995, 
$3,295,591 shall be available for activities relating to the Hanford 
Health Information Network established pursuant to the authority set 
forth in section 3138 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1834).
    (b) Limitation on Release of Certain Personal Information.--(1) 
Information referred to in paragraph (2) that is collected from an 
individual pursuant to operation of the Hanford Health Information 
Network shall be used only by the Network unless the individual, or a 
designated legal representative of the individual, authorizes in 
writing the use of the information for another purpose.
    (2) Paragraph (1) applies to the following information:
            (A) The name, address, telephone number, and medical 
        information and records of each individual requesting 
        assistance and information from the Network.
            (B) Such other information or categories of information as 
        the chief officers of the health departments of the States of 
        Washington, Oregon, and Idaho jointly designate as information 
        covered by this subsection.

SEC. 3141. SOLAR ENERGY ACTIVITIES AT NEVADA TEST SITE, NEVADA.

    Of the funds authorized to be appropriated to the Department of 
Energy under section 3101, $10,000,000 shall be available for 
development of solar energy at the Nevada Test Site, Nevada.

                       Subtitle D--Other Matters

SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY FUNDS.

    (a) In General.--The Secretary of Energy shall prescribe procedures 
to account for the use of funds for the performance of the programs and 
activities of the Department of Energy for which funds are appropriated 
for national security programs of the Department of Energy. The 
procedures shall provide for such accounting for fiscal years beginning 
after fiscal year 1996.
    (b) Covered Matters.--The Secretary shall prescribe procedures 
under subsection (a)--
            (1) to account for the funds appropriated to the Department 
        for national security programs and activities of the Department 
        that are not used for the purpose for which such funds were 
        appropriated; and
            (2) to provide an accounting for all encumbered funds, 
        unencumbered funds, unobligated funds, costed funds, and 
        uncosted obligations of the Department in that fiscal year.

SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.

    (a) Approval by Joint 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), respectively; and
            (2) by inserting after paragraph (7) the following new 
        paragraph (8):
            ``(8) Coordinating and approving activities initiated or 
        conducted by the Department of Energy for the study, 
        development, and production of nuclear warheads, including 
        concept definition studies, feasibility studies, engineering 
        development, hardware component fabrication, warhead 
        production, and warhead retirement.''.
    (b) Technical Amendments.--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 April 1, 1995, the Secretary of Energy shall submit 
to Congress a report on the feasibility of conducting the following 
activities at the Nevada Test Site, Nevada:
            (1) The demilitarization of large rocket motors, high 
        energetic explosives and conventional ordnance.
            (2) Disarmament and demilitarization of conventional 
        weapons and components, generally.
            (3) The conduct of experiments that assist in monitoring 
        compliance with international agreements on the 
        nonproliferation of nuclear weapons.
            (4) 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, fusion test facilities, and nuclear 
        weapons effects simulators (such as the Decade and Jupiter 
        simulators).
            (5) The conduct of the stockpile stewardship program 
        established pursuant to section 3138 of the National Defense 
        Authorization Act for Fiscal Year 1994 (42 U.S.C. 2121 note).
            (6) Experiments related to the nonproliferation of nuclear 
        weapons, including experiments with respect to disablement of 
        such weapons, nuclear forensics, sensors, and verification and 
        monitoring.

SEC. 3154. NUCLEAR WEAPONS COUNCIL MEMBERSHIP.

    Section 179(a)(1) title 10, United States Code, is amended to read 
as follows: ``(3) Two senior representatives of the Department of 
Energy appointed by the Secretary of Energy.''.

SEC. 3155. OFFICE OF FISSILE MATERIALS DISPOSITION.

    (a) Establishment.--Title II of the Department of Energy 
Organization Act (42 U.S.C. 7131 et seq.) is amended by adding at the 
end the following:

               ``office of fissile materials disposition

    ``Sec. 212. (a) There shall be within the Department an Office of 
Fissile Materials Disposition.
    ``(b) The Secretary shall designate the head of the Office. The 
head of the Office shall report to the Under Secretary.
    ``(c) The head of the Office shall be responsible for all 
activities of the Department relating to the management, storage, and 
disposition of fissile materials from weapons and weapons systems that 
are excess to the national security needs of the United States.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of such Act is amended by inserting after the item relating to 
section 210 the following new items:

``Sec. 211. Office of Minority Economic Impact.
``Sec. 212. Office of Fissile Materials Disposition.''.

SEC. 3156. EXTENSION OF AUTHORITY TO LOAN PERSONNEL AND FACILITIES AT 
              IDAHO NATIONAL ENGINEERING LABORATORY.

    Section 1434 of the National Defense Authorization Act, Fiscal Year 
1989 (Public Law 100-456; 102 Stat. 2074), as amended by section 3136 
of the National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 106 Stat. 2641), is further amended--
            (1) in the third sentence of subsection (a)(3), by striking 
        out ``fiscal years 1993 and 1994'' and inserting in lieu 
        thereof ``fiscal years 1993, 1994, 1995, 1996, and 1997''; and
            (2) in subsection (c), by striking out ``September 30, 
        1994, with respect to the Idaho National Engineering 
        Laboratory'' and inserting in lieu thereof ``September 30, 
        1997, with respect to the Idaho National Engineering 
        Laboratory''.

SEC. 3157. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR PLAN FOR DEFENSE 
              NUCLEAR FACILITIES.

    Subsection (a) section 3135 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1575; 
42 U.S.C. 7274g(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``(A) defense nuclear 
                facilities and (B) all other facilities owned or 
                operated by the Department of Energy'' in the first 
                sentence and inserting in lieu thereof ``all facilities 
                owned or operated by the Department of Energy except 
                defense nuclear facilities''; and
                    (B) by inserting ``such'' in the third sentence 
                after ``restoration at all'';
            (2) in paragraph (4), by striking out ``The plan shall 
        contain the following matter:'' and inserting in lieu thereof 
        ``The plan shall include, with respect to the Department of 
        Energy facilities required by paragraph (1) to be covered by 
        the plan, the following matters:'';
            (3) by striking out paragraph (6); and
            (4) by redesignating paragraph (7) as paragraph (6).

SEC. 3158. AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, 
              ENGINEERING, AND TECHNICAL PERSONNEL.

    (a) Authority.--(1) Notwithstanding any provision of title 5, 
United States Code, governing appointments in the competitive service 
and General Schedule classification and pay rates, or any other 
provision of law, the Secretary of Energy may--
            (A) establish and set the rates of pay for not more than 
        200 positions in the Department of Energy for scientific, 
        engineering, and technical personnel whose duties will relate 
        to safety at defense nuclear facilities of the Department; and
            (B) appoint persons to such positions.
    (2) The rate of pay for a position established under paragraph (1) 
may not exceed the rate of pay payable for Level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    (3) To the maximum extent practicable, the Secretary shall appoint 
persons under paragraph (1)(B) to the positions established under 
paragraph (1)(A) in accordance with the merit system principles set 
forth in section 2301 of such title.
    (b) OPM Review.--(1) The Secretary shall enter into an agreement 
with the Director of the Office of Personnel Management under which 
agreement the Director shall periodically evaluate the use of the 
authority set forth in subsection (a)(1).
    (2) If the Director determines as a result of such evaluation that 
the Secretary of Energy is not appointing persons to positions under 
such authority in a manner consistent with the merit system principles 
set forth in section 2301 of title 5, United States Code, the Director 
shall notify the Secretary of that determination.
    (3) Upon receipt of a notification under paragraph (2), the 
Secretary shall--
            (A) take appropriate actions to appoint persons to 
        positions under such authority in a manner consistent with such 
        principles; or
            (B) cease appointment of persons under such authority.
    (c) Termination.--(1) The authority provided under subsection 
(a)(1) shall terminate on September 30, 1997.
    (2) An employee may not be separated from employment with the 
Department of Energy or receive a reduction in pay by reason of the 
termination of authority under paragraph (1).

SEC. 3159. DEPARTMENT OF ENERGY DECLASSIFICATION PRODUCTIVITY 
              INITIATIVE.

    Of the funds autorized to be appropriated to the Department of 
Energy under section 3103, $3,000,000 shall be available for the 
Department of Energy's Declassification Productivity Initiative.

SEC. 3160. SAFETY OVERSIGHT AND ENFORCEMENT AT DEFENSE NUCLEAR 
              FACILITIES.

    (a) Findings.--Congress finds the following:
            (1) Effective oversight of matters relating to nuclear 
        safety at defense nuclear facilities and enforcement of nuclear 
        safety standards at such facilities are critical to ensuring 
        the safety of the public and the workers at such facilities.
            (2) The Department of Energy has not devoted adequate 
        attention historically to matters relating to nuclear safety at 
        defense nuclear facilities.
    (b) Safety at Defense Nuclear Facilities.--The Secretary of Energy 
shall take appropriate actions to ensure that--
            (1) officials of the Department of Energy who are 
        responsible for independent oversight of matters relating to 
        nuclear safety at defense nuclear facilities and enforcement of 
        nuclear safety standards at such facilities maintain 
        independence from officials who are engaged in management of 
        such facilities;
            (2) the independent, internal oversight functions carried 
        out by the Department include, at the minimum, activities 
        relating to--
                    (A) the assessment of the safety of defense nuclear 
                facilities;
                    (B) the assessment of the effectiveness of 
                Department program offices in carrying out programs 
                relating to the environment, safety, health, and 
                security at defense nuclear facilities;
                    (C) the provision to the Secretary of oversight 
                reports that--
                            (i) contain validated technical 
                        information; and
                            (ii) provide a clear analysis of the extent 
                        to which line programs governing defense 
                        nuclear facilities meet applicable goals for 
                        the environment, safety, health, and security 
                        at such facilities; and
                    (D) the development of clear performance standards 
                to be used in assessing the adequacy of the programs 
                referred to in subparagraph (C)(ii);
            (3) the Department has a system for bringing issues 
        relating to nuclear safety at defense nuclear facilities to the 
        attention of the officials of the Department (including the 
        Secretary of Energy) having authority to resolve such issues in 
        an adequate and timely manner; and
            (4) an adequate number of qualified personnel of the 
        Department are assigned to oversee matters relating to nuclear 
        safety at defense nuclear facilities and enforce nuclear safety 
        standards at such facilities.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Energy shall submit to the congressional 
defense committees a report describing--
            (1) the actions that the Secretary has taken or will take 
        to fulfill the requirements set forth in paragraphs (1), (2), 
        and (3) of subsection (b);
            (2) the actions in addition to the actions described under 
        paragraph (1) that the Secretary could take in order to fulfill 
        such requirements; and
            (3) the respective roles with regard to nuclear safety at 
        defense nuclear facilities of the following officials:
                    (A) The Associate Deputy Secretary of Energy for 
                Field Management.
                    (B) The Assistant Secretary of Energy for Defense 
                Programs.
                    (C) The Assistant Secretary of Energy for 
                Environmental Restoration and Waste Management.

SEC. 3161. CONDITIONS ON CONTRACTS BETWEEN THE FEDERAL GOVERNMENT AND 
              CERTAIN LESSEES AND TRANSFEREES OF DEPARTMENT OF ENERGY 
              PROPERTY.

    (a) Conditions.--Notwithstanding any other provision of law, the 
head of a department or agency of the United States may require as a 
condition of a contract with an entity described in subsection (b) that 
such entity certifies to the head of the department or agency the 
following:
            (1) That no officer, director, employee, or agent of the 
        entity has utilized in the preparation of the bid or 
        solicitation for the contract--
                    (A) any records or systems of records of the 
                Federal Government that are covered by section 552a of 
                title 5, United States Code;
                    (B) any information or data of the Federal 
                Government that has not been released or otherwise made 
                generally available for preparation of bids or 
                proposals on the contract; or
                    (C) any commercial information or data of another 
                entity that has not been released or otherwise made 
                generally available for that purpose.
            (2) That the entity has returned, destroyed, or otherwise 
        disposed of all documents received from the Federal Government 
        by reason of any earlier contract between the Federal 
        Government and the entity for the operation of the facility 
        which is leased, or with respect to which property is 
        transferred, to the entity pursuant to a provision of law 
        referred to in subsection (b).
    (b) Covered Entities.--Subsection (a) applies to any entity, or the 
affiliate, successor to, or assign of the entity, to which the 
Secretary of Energy leases a Department of Energy facility under 
section 646(c) of the Department of Energy Organization Act (42 U.S.C. 
7256(d)) or to which the Secretary transfers personal property of such 
a facility under section 3155(a) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1953; 42 U.S.C. 
7274l(c)).

   TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 1995, 
$17,933,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS CONTAINED IN THE 
              NATIONAL DEFENSE STOCKPILE.

    (a) Disposal Authorized.--Subject to the conditions specified in 
subsection (b), the President may dispose of obsolete and excess 
materials currently contained in the National Defense Stockpile in 
order to modernize the stockpile. The materials subject to disposal 
under this subsection and the quantity of each material authorized to 
be disposed of by the President are set forth in the following table:
      

                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
               Material for disposal                   Quantity         
------------------------------------------------------------------------
       Aluminum............................  62,843 short tons          
       Tungsten Group......................  51,336,478 pounds of       
                                              contained tungsten        
                                                                        
------------------------------------------------------------------------

    (b) Conditions on Disposal.--The authority of the President under 
subsection (a) to dispose of materials stored in the stockpile may not 
be used unless and until the Secretary of Defense certifies that the 
disposal of such materials will not adversely affect the capability of 
the National Defense Stockpile to supply the strategic and critical 
materials necessary to meet the needs of the United States during a 
period of national emergency that requires a significant level of 
mobilization of the economy of the United States, including any 
reconstitution of the military and industrial capabilities necessary to 
meet the planning assumptions used by the Secretary of Defense under 
section 14(b) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h-5(b)).

SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

    Subject to such limitations as may be provided in appropriations 
Acts, during fiscal year 1995, the National Defense Stockpile Manager 
may obligate up to $54,200,000 of the funds in the National Defense 
Stockpile Transaction Fund established under subsection (a) of section 
9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h) for the authorized uses of such funds under subsection (b)(2) of 
such section.

SEC. 3303. REPEAL OF ADVISORY COMMITTEE REQUIREMENT.

    Section 3306 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2652; 50 U.S.C. 98h-1 note) is 
repealed.

SEC. 3304. ROTATION OF MATERIALS TO PREVENT TECHNOLOGICAL OBSOLESCENCE.

    Section 6(a)(4) of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98e(a)(4)) is amended by inserting ``or 
technological obsolescence'' after ``deterioration''.

                       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 the Federal Civil 
Defense Act of 1950 (50 U.S.C. 2251 et seq.).

                  TITLE XXXV--PANAMA CANAL COMMISSION

SEC. 3501. SHORT TITLE.

    This title may be cited as the ``Panama Canal Commission 
Authorization Act for Fiscal Year 1995''.

SEC. 3502. AUTHORIZATION OF EXPENDITURES.

    (a) In General.--Subject to subsection (b), the Panama Canal 
Commission is authorized to make such expenditures within the limits of 
funds and borrowing authority available to it in accordance with law, 
and to make such contracts and commitments without regard to fiscal 
year limitations, as may be necessary under the Panama Canal Act of 
1979 (22 U.S.C. 3601) for the operation, maintenance, and improvement 
of the Panama Canal for fiscal year 1995.
    (b) Limitations.--For fiscal year 1995, the Panama Canal Commission 
may expend from funds in the Panama Canal Revolving Fund not more than 
$50,030,000 for administrative expenses, of which not more than--
            (1) $11,000 may be used for official reception and 
        representation expenses of the Supervisory Board of the 
        Commission;
            (2) $5,000 may be used for official reception and 
        representation expenses of the Secretary of the Commission; and
            (3) $30,000 may be used for official reception and 
        representation expenses of the Administrator of the Commission.
    (c) Replacement Vehicles.--Funds available to the Panama Canal 
Commission shall be available for the purchase of not to exceed 43 
passenger motor vehicles (including large heavy-duty vehicles to be 
used to transport Commission personnel across the isthmus of Panama). A 
vehicle may be purchased with such funds only as necessary to replace 
another passenger motor vehicle of the Commission. The purchase price 
of each vehicle may not exceed $19,500.

SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.

    Expenditures authorized under this Act may be made only in 
accordance with the Panama Canal Treaties of 1977 and any law of the 
United States implementing those treaties.

SEC. 3504. COSTS OF EDUCATIONAL SERVICES OBTAINED IN THE UNITED STATES.

    Section 1321(e)(2) of the Panama Canal Act of 1979 (22 U.S.C. 
3731(e)(2)) is amended by inserting ``or the United States'' after 
``schools in the Republic of Panama''.

SEC. 3505. SPECIAL IMMIGRANT STATUS OF PANAMANIANS EMPLOYED BY THE 
              UNITED STATES IN THE FORMER CANAL ZONE.

    Section 101(a)(27)(F) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(F)) is amended in clause (ii) by inserting ``or 
continues to be employed by the United States Government in an area of 
the former Canal Zone'' after ``employment''.

             DIVISION IV--FEDERAL ACQUISITION STREAMLINING

                     TITLE XLI--CONTRACT FORMATION

                    Subtitle A--Competition Statutes

                  PART I--ARMED SERVICES ACQUISITIONS

                  Subpart A--Competition Requirements

SEC. 41001. REFERENCES TO FEDERAL ACQUISITION REGULATION.

    Section 2304 of title 10, United States Code, is amended--
            (1) in subsection (a)(1)(A), by striking out 
        ``modifications'' and all that follows through ``note)'' and 
        inserting in lieu thereof ``Federal Acquisition Regulation''; 
        and
            (2) in subsection (g)(1), by striking out ``regulations 
        modified'' and all that follows through ``note)'' and inserting 
        in lieu thereof ``Federal Acquisition Regulation''.

SEC. 41002. ESTABLISHMENT OR MAINTENANCE OF ALTERNATIVE SOURCES OF 
              SUPPLY.

    Section 2304(b) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``or'' at the end of 
                subparagraph (B);
                    (B) by striking out the period at the end of 
                subparagraph (C) and inserting in lieu thereof a 
                semicolon; and
                    (C) by adding at the end the following new 
                subparagraphs:
            ``(D) would ensure the continuous availability of a 
        reliable source of supply of such property or service;
            ``(E) would satisfy projected needs for such property or 
        service determined on the basis of a history of high demand for 
        the property or service; or
            ``(F) in the case of medical supplies, safety supplies, or 
        emergency supplies, would satisfy a critical need for such 
        supplies.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) The determination required of the agency head in paragraph 
(1) may not be made for a class of purchases or contracts.''; and
            (4) in paragraph (4), as redesignated by paragraph (2), by 
        striking out ``paragraphs (1) and (2)'' and inserting in lieu 
        thereof ``paragraphs (1) and (3)''.

SEC. 41003. CLARIFICATION OF APPROVAL AUTHORITY FOR USE OF PROCEDURES 
              OTHER THAN FULL AND OPEN COMPETITION.

    Section 2304(f)(1)(B)(i) of title 10, United States Code, is 
amended by inserting before the semicolon at the end the following: 
``or by an official referred to in clause (ii), (iii), or (iv)''.

SEC. 41004. TASK ORDER CONTRACTS FOR ADVISORY AND ASSISTANCE SERVICES.

    (a) Authority.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by inserting after section 2304 the following 
        new section:
``Sec. 2304a. Task order contracts for advisory and assistance services
    ``(a) Authority To Award.--(1) Subject to the requirements of this 
section, the head of an agency may enter into a contract for advisory 
and assistance services that does not procure or specify a firm 
quantity of services (other than a minimum or maximum quantity) and 
that provides for the issuance of task orders during the specified 
period of the contract.
    ``(2) Except as provided in subsection (h), the head of an agency 
may enter into a contract described in paragraph (1) only under the 
authority of this section.
    ``(b) Limitation on Contract Period.--The period of a contract 
referred to in subsection (a), including all periods of extensions of 
the contract under options, modifications, or otherwise, may not exceed 
5 years unless a longer period is specifically authorized in a law that 
is applicable to such contract.
    ``(c) Contract Procedures.--(1) The head of an agency may use 
procedures other than competitive procedures to enter into a contract 
referred to in subsection (a) only if an exception in subsection (c) of 
section 2304 of this title applies to the contract and the use of such 
procedures is approved in accordance with subsection (f) of such 
section.
    ``(2) The notice required by section 18 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small 
Business Act (15 U.S.C. 637(e)) shall reasonably and fairly describe 
the general scope, magnitude, and duration of the proposed contract in 
a manner that would reasonably enable a potential offeror to decide 
whether to request the solicitation and consider submitting an offer.
    ``(3) The solicitation shall include the following:
            ``(A) The period of the contract, including the number of 
        options to extend the contract and the period for which the 
        contract may be extended under each option, if any.
            ``(B) The maximum quantity or dollar value of services to 
        be procured under the contract.
            ``(C) A statement of work, specifications, or other 
        description that reasonably describes the general scope, 
        nature, complexity, and purposes of the services to be procured 
        under the contract.
    ``(4)(A) The head of an agency may, on the basis of one 
solicitation, award separate contracts under this section for the same 
or similar services to two or more sources if the solicitation states 
that the head of the agency has the option to do so.
    ``(B) If, in the case of a contract for advisory and assistance 
services to be entered into under the authority of this section, the 
contract period is to exceed 3 years and the contract amount is 
estimated to exceed $10,000,000 (including all options), the 
solicitation shall--
            ``(i) provide for a multiple award authorized under 
        subparagraph (A); and
            ``(ii) include a statement that the head of the agency may 
        also elect to award only one contract if the head of the agency 
        determines in writing that only one of the offerers is capable 
        of providing the services required at the level of quality 
        required.
    ``(C) Subparagraph (B) does not apply in the case of a solicitation 
for which the head of an agency determines in writing that, because the 
services required under the contract are unique or highly specialized, 
it is not practicable to award more than one contract.
    ``(5) A contract referred to in subsection (a) shall contain the 
same information that is required by paragraph (3) to be included in 
the solicitation of offers for that contract.
    ``(d) Order Procedures.--(1) The following actions are not required 
for a task order issued under a contract entered into in accordance 
with this section:
            ``(A) A separate notice for such order under section 18 of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 416) or 
        section 8(e) of the Small Business Act (15 U.S.C. 637(e)).
            ``(B) Except as provided in paragraph (2), a competition 
        (or a waiver of competition approved in accordance with section 
        2304(f) of this title) that is separate from that used for 
        entering into the contract.
    ``(2)(A) When multiple contracts are awarded pursuant to subsection 
(c)(4), all contractors awarded such contracts shall be provided a fair 
opportunity to be considered, pursuant to procedures set forth in the 
contracts, for each task order in excess of $2,500 that is to be issued 
under any of the contracts unless--
            ``(i) the agency's need for the services ordered is of such 
        unusual urgency that competition would result in unacceptable 
        delays in fulfilling the agency's needs;
            ``(ii) only one such contractor is capable of providing the 
        services required at the level of quality required because the 
        services ordered are unique or so highly specialized;
            ``(iii) the task order should be issued on a sole-source 
        basis in the interest of economy and efficiency because it is a 
        logical follow-on to a task order already issued on a 
        competitive basis; or
            ``(iv) the order must be placed with a particular 
        contractor in order to satisfy a minimum guarantee.
    ``(B) When a task order is issued in accordance with subparagraph 
(A), the order shall include a statement of work that clearly specifies 
all tasks to be performed under the order.
    ``(3) A protest is not authorized in connection with the issuance 
or proposed issuance of a task order except for a protest on the ground 
that the order increases the scope, period, or maximum value of the 
contract under which the order is issued.
    ``(e) Increases in Scope, Period, or Maximum Value of Contract.--
(1) A task order may not increase the scope, period, or maximum value 
of the contract under which the order is issued. The scope, period, or 
maximum value of the contract may be increased only by modification of 
the contract.
    ``(2) Unless use of procedures other than competitive procedures is 
authorized by an exception in subsection (c) of section 2304 of this 
title and approved in accordance with subsection (f) of such section, 
competitive procedures shall be used for making such a modification.
    ``(3) Notice regarding the modification shall be provided in 
accordance with section 18 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 
U.S.C. 637(e)).
    ``(4)(A) Notwithstanding the limitation on the contract period set 
forth in subsection (b) or in a solicitation or contract pursuant to 
subsection (c), a contract entered into by the head of an agency under 
this section may be extended on a sole-source basis for a period not 
exceeding 6 months if the agency head determines that--
            ``(i) the award of a follow-on contract has been delayed by 
        circumstances that were not reasonably foreseeable at the time 
        the initial contract was entered into; and
            ``(ii) the extension is necessary in order to ensure 
        continuity of the receipt of services pending the award of, and 
        commencement of performance under, the follow-on contract.
    ``(B) A contract may be extended under the authority of 
subparagraph (A) only once and only in accordance with the limitations 
and requirements of this subsection.
    ``(f) Task Order Ombudsman.--Each head of an agency who awards 
multiple contracts pursuant to subsection (c)(4) shall appoint or 
designate a task order ombudsman who shall be responsible for reviewing 
complaints from the contractors on such contracts and ensuring that all 
of the contractors are afforded a fair opportunity to be considered for 
task orders when required under subsection (d)(2). The task order 
ombudsman shall be a senior agency official who is independent of the 
contracting officer for the contracts and may be the agency's 
competition advocate.
    ``(g) Inapplicability to Certain Contracts.--This section does not 
apply to a contract for the acquisition of property or services that 
includes acquisition of advisory and assistance services if the head of 
an agency entering into such contract determines that, under the 
contract, advisory and assistance services are necessarily incident to, 
and not a significant component of, the contract.
    ``(h) Relationship to Other Contracting Authority.--Nothing in this 
section may be construed to limit the authority of the head of an 
agency to enter into single or multiple task order contracts, or single 
or multiple delivery order contracts, for property or services (other 
than advisory and assistance services) under other provisions of this 
chapter or under any other provision of law.
    ``(i) Advisory and Assistance Services Defined.--In this section, 
the term `advisory and assistance services' has the meaning given such 
term in section 1105(g) of title 31.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 2304 the following new item:

``2304a. Task order contracts for advisory and assistance services.''.
    (b) Repeal of Superseded Provision.--Section 2304 of title 10, 
United States Code, is amended by striking out subsection (j).
    (c) Conforming Amendment for Professional and Technical Services.--
Section 2331 of title 10, United States Code, is amended by striking 
out subsection (c).

SEC. 41005. ACQUISITION OF EXPERT SERVICES.

    Section 2304(c)(3) of title 10, United States Code, is amended--
            (1) by striking out ``or (B)'' and inserting in lieu 
        thereof ``(B)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (C) to procure the services of an expert for 
        use, in any litigation or dispute (including any reasonably 
        foreseeable litigation or dispute) involving the Federal 
        Government, in any trial, hearing, or proceeding before any 
        court, administrative tribunal, or agency, or in any part of an 
        alternative dispute resolution process, whether or not the 
        expert is expected to testify''.

        Subpart B--Planning, Solicitation, Evaluation, and Award

SEC. 41011. SOURCE SELECTION FACTORS.

    Section 2305(a) of title 10, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)(i), by striking out 
                ``nonprice-related factors)'' and inserting in lieu 
                thereof ``nonprice-related factors and subfactors)''; 
                and
                    (B) in subparagraph (B)(ii), by striking out 
                subclause (I) and inserting in lieu thereof the 
                following:
                            ``(I) either a statement that the proposals 
                        are intended to be evaluated with, and award 
                        made after, discussions with the offerors, or a 
                        statement that the proposals are intended to be 
                        evaluated, and award made, without discussions 
                        with the offerors (other than discussions 
                        conducted for the purpose of minor 
                        clarification) unless discussions are 
                        determined to be necessary; and''; and
            (2) by striking out paragraph (3) and inserting in lieu 
        thereof the following:
    ``(3)(A) In prescribing the evaluation factors to be included in 
each solicitation for competitive proposals, the head of an agency--
            ``(i) shall clearly establish the relative importance 
        assigned to the evaluation factors and subfactors, including 
        the quality of the product or services to be provided 
        (including technical capability, management capability, prior 
        experience, and past performance of the offeror);
            ``(ii) shall include cost or price to the Government as an 
        evaluation factor that must be considered in the evaluation of 
        proposals; and
            ``(iii) shall disclose to offerors whether all evaluation 
        factors other than cost or price, when combined, are--
                    ``(I) significantly more important than cost or 
                price;
                    ``(II) approximately equal in importance to cost or 
                price; or
                    ``(III) significantly less important than cost or 
                price.
    ``(B) Nothing in this paragraph prohibits an agency from--
            ``(i) providing additional information in a solicitation, 
        including numeric weights for all evaluation factors; or
            ``(ii) stating in a solicitation that award will be made to 
        the offeror that meets the solicitation's mandatory 
        requirements at the lowest cost or price.''.

SEC. 41012. SOLICITATION PROVISION REGARDING EVALUATION OF PURCHASE 
              OPTIONS.

    (a) Options for Additional Purchases.--Subsection (a) of section 
2305 of title 10, United States Code, as amended by section 41011, is 
further amended by adding at the end the following new paragraph:
    ``(4) The head of an agency, in issuing a solicitation for a 
contract to be awarded using sealed bid procedures, may not include in 
such solicitation a clause providing for the evaluation of prices for 
options to purchase additional property or services under the contract 
unless the head of the agency has determined that there is a reasonable 
likelihood that the options will be exercised.''.
    (b) Repeal of Superseded Provision.--Section 2301(a) of such title 
is amended--
            (1) by striking out paragraph (7);
            (2) by inserting ``and'' at the end of paragraph (5); and
            (3) by striking out ``; and'' at the end of paragraph (6) 
        and inserting in lieu thereof a period.

SEC. 41013. PROMPT NOTICE OF AWARD.

    (a) Sealed Bid Procedures.--Section 2305(b)(3) of title 10, United 
States Code, is amended by adding at the end the following: ``As soon 
as practicable after the date of contract award, the head of the agency 
shall, in accordance with procedures prescribed in the Federal 
Acquisition Regulation, notify all offerors not awarded the contract 
that the contract has been awarded.''.
    (b) Competitive Proposals Procedures.--Section 2305(b)(4)(B) of 
title 10, United States Code, is amended in the second sentence by 
striking out ``source and shall promptly notify'' and inserting in lieu 
thereof ``source. As soon as practicable after the date of contract 
award, the head of the agency shall, in accordance with procedures 
prescribed in the Federal Acquisition Regulation, notify''.

SEC. 41014. POST-AWARD DEBRIEFINGS.

    Section 2305(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)(A) When a contract is awarded by the head of an agency on the 
basis of competitive proposals, an unsuccessful offeror, upon written 
request received by the agency within 3 days after the date on which 
the unsuccessful offeror receives the notification of the contract 
award, shall be debriefed and furnished the basis for the selection 
decision and contract award. An employee of the agency shall debrief 
the offeror promptly after receipt of the request by the agency.
    ``(B) The debriefing shall include, at a minimum--
            ``(i) the agency's evaluation of the significant weak or 
        deficient factors in the offeror's offer;
            ``(ii) the overall evaluated cost and technical rating of 
        the offer of the contractor awarded the contract and the 
        overall evaluated cost and technical rating of the offer of the 
        debriefed offeror;
            ``(iii) the overall ranking of all offers;
            ``(iv) a summary of the rationale for the award;
            ``(v) in the case of a proposal for a commercial item other 
        than a commercial component, the make and model of the item 
        being provided in accordance with the offer of the contractor 
        awarded the contract; and
            ``(vi) reasonable responses to questions posed by the 
        debriefed offeror as to whether source selection procedures set 
        forth in the solicitation, applicable regulations, and other 
        applicable authorities were followed by the agency.
    ``(C) The debriefing may not include point-by-point comparisons of 
the debriefed offeror's offer with other offers and may not disclose 
any information that is exempt from disclosure under section 552 of 
title 5, including information relating to--
            ``(i) trade secrets;
            ``(ii) privileged or confidential manufacturing processes 
        and techniques; and
            ``(iii) commercial and financial information that is 
        privileged or confidential, including cost breakdowns, profit, 
        indirect cost rates, and similar information.
    ``(D) Each solicitation for competitive proposals shall include a 
statement that information described in subparagraph (B) may be 
disclosed in post-award debriefings.
    ``(E) If, within one year after the date of the contract award and 
as a result of a successful procurement protest or otherwise, the 
agency seeks to fulfill the requirement under the contract either on 
the basis of a new solicitation of offers or on the basis of new best 
and final offers requested for that contract, the agency shall make 
available to all offerors--
            ``(i) the information provided in debriefings under this 
        paragraph regarding the offer of the contractor awarded the 
        contract; and
            ``(ii) the same information that would have been provided 
        to the original offerors.
    ``(F) The contracting officer shall include a summary of the 
debriefing in the contract file.''.

SEC. 41015. PROTEST FILE.

    Section 2305 of title 10, United States Code, is amended by adding 
at the end the following:
    ``(e)(1) If, in the case of a solicitation for a contract issued 
by, or an award or proposed award of a contract by, the head of an 
agency, a protest is filed pursuant to the procedures in subchapter V 
of chapter 35 of title 31 and an actual or prospective offeror so 
requests, a file of the protest shall be established by the procuring 
activity and reasonable access shall be provided to actual or 
prospective offerors.
    ``(2) Information exempt from disclosure under the section 552 of 
title 5 may be redacted in a file established pursuant to paragraph (1) 
unless an applicable protective order provides otherwise.
    ``(3) Regulations implementing this subsection shall be consistent 
with the regulations regarding the preparation and submission of an 
agency's protest file (the so-called `rule 4 file') for protests to the 
General Services Board of Contract Appeals under section 111 of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
759).''.

SEC. 41016. AWARD OF COSTS AND FEES IN AGENCY SETTLEMENT OF PROTESTS.

    Section 2305 of title 10, United States Code, as amended by section 
41015, is further amended by adding at the end the following new 
subsection:
    ``(f) If, in connection with a protest, the head of an agency 
determines that a solicitation, proposed award, or award does not 
comply with the requirements of law or regulation, the head of the 
agency may take--
            ``(1) any action set out in subparagraphs (A) through (F) 
        of subsection (b)(1) of section 3554 of title 31; and
            ``(2) may pay costs described in paragraph (1) of section 
        3554(c) of title 31 within the limits referred to in paragraph 
        (2) of such section.''.

SEC. 41017. TWO-PHASE SELECTION PROCEDURES.

    (a) Procedures Authorized.--Chapter 137 of title 10, United States 
Code, is amended by inserting after section 2305 the following new 
section:
``Sec. 2305a. Two-phase selection procedures
    ``(a) Procedures Authorized.--The head of an agency may use two-
phase selection procedures for entering into a contract for the 
acquisition of property or services (other than a construction 
contract) when the head of the agency determines that three or more 
offers will be received for such contract, substantial design work must 
be performed before an offeror can develop a price or cost proposal for 
such contract, and the offerors will incur a substantial amount of 
expenses in preparing the offers.
    ``(b) Procedures Described.--Two-phase selection procedures consist 
of the following:
            ``(1) The head of the agency solicits proposals that--
                    ``(A) include information on the offerors'--
                            ``(i) technical approach; and
                            ``(ii) technical qualifications; and
                    ``(B) do not include--
                            ``(i) detailed design information; or
                            ``(ii) cost or price information.
            ``(2) The head of the agency evaluates the proposals on the 
        basis of evaluation criteria set forth in the solicitation, 
        except that the head of the agency does not consider cost-
        related or price-related evaluation factors.
            ``(3) The head of the agency selects at least three 
        offerors as the most highly qualified to provide the property 
        or services under the contract and requests the selected 
        offerors to submit competitive proposals that include cost or 
        price information.
            ``(4) The head of the agency awards the contract in 
        accordance with section 2305(b)(4) of this title.
    ``(c) Solicitation To State Number of Offerors To Be Selected for 
Phase Two Requests for Competitive Proposals.--A solicitation issued 
pursuant to subsection (b)(1) shall state the maximum number of 
offerors that are to be selected to submit competitive proposals 
pursuant to subsection (b)(3).
    ``(d) Resource Comparison Criterion Required.--In using two-phase 
selection procedures for entering into a contract, the head of the 
agency shall establish a resource criterion or a financial criterion 
applicable to the contract in order to provide a consistent basis for 
comparing the offerors and their proposals.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2305 the following:

``2305a. Two-phase selection procedures.''.

                     Subpart C--Kinds of Contracts

SEC. 41021. SECRETARIAL DETERMINATION REGARDING USE OF COST TYPE OR 
              INCENTIVE CONTRACT.

    Subsection (c) of section 2306 of title 10, United States Code, is 
repealed.

SEC. 41022. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Repeal of Unnecessary Cross Reference.--Subsection (f) of 
section 2306 of title 10, United States Code, is repealed.
    (b) Conforming Amendment.--Such section is amended by redesignating 
subsections (d), (e), (g), and (h) as subsections (c), (d), (e), and 
(f), respectively.
    (c) Neuterization of Reference.--Subsection (e)(1) of such section, 
as redesignated by subsection (b), is amended in the matter above 
clause (i) by striking out ``whenever he finds'' and inserting in lieu 
thereof ``whenever the head of the agency finds''.

     Subpart D--Miscellaneous Provisions for the Encouragement of 
                              Competition

SEC. 41031. REPEAL OF REQUIREMENT FOR ANNUAL REPORT BY ADVOCATES FOR 
              COMPETITION.

    Subsection (c) of section 2318 of title 10, United States Code, is 
repealed.

                 PART II--CIVILIAN AGENCY ACQUISITIONS

                  Subpart A--Competition Requirements

SEC. 41051. REFERENCES TO FEDERAL ACQUISITION REGULATION.

    Section 303 of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253) is amended--
            (1) in subsection (a)(1)(A), by striking out 
        ``modifications'' and all that follows through ``of 1984'' and 
        inserting in lieu thereof ``Federal Acquisition Regulation''; 
        and
            (2) in subsection (g)(1), by striking out ``regulations 
        modified'' and all that follows through ``of 1984,'' and 
        inserting in lieu thereof ``Federal Acquisition Regulation''.

SEC. 41052. ESTABLISHMENT OR MAINTENANCE OF ALTERNATIVE SOURCES OF 
              SUPPLY.

    Section 303(b) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking out ``or'' at the end of 
                subparagraph (B);
                    (B) by striking out the period at the end of 
                subparagraph (C) and inserting in lieu thereof a 
                semicolon; and
                    (C) by adding at the end the following new 
                subparagraphs:
            ``(D) would ensure the continuous availability of a 
        reliable source of supply of such property or service;
            ``(E) would satisfy projected needs for such property or 
        service determined on the basis of a history of high demand for 
        the property or service; or
            ``(F) in the case of medical supplies, safety supplies, or 
        emergency supplies, would satisfy a critical need for such 
        supplies.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) The determination required of the agency head in paragraph 
(1) may not be made for a class of purchases or contracts.''; and
            (4) in paragraph (4), as redesignated by paragraph (2), by 
        striking out ``paragraphs (1) and (2)'' and inserting in lieu 
        thereof ``paragraphs (1) and (3)''.

SEC. 41053. CLARIFICATION OF APPROVAL AUTHORITY FOR USE OF PROCEDURES 
              OTHER THAN FULL AND OPEN COMPETITION.

    Section 303(f)(1)(B)(i) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(i)) is amended by 
inserting before the semicolon at the end the following: ``or by an 
official referred to in clause (ii), (iii), or (iv)''.

SEC. 41054. TASK ORDER CONTRACTS FOR ADVISORY AND ASSISTANCE SERVICES.

    (a) Authority.--Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended 
by inserting after section 303G the following new section:

      ``task order contracts for advisory and assistance services

    ``Sec. 303H. (a) Authority To Award.--(1) Subject to the 
requirements of this section, the head of an executive agency may enter 
into a contract for advisory and assistance services that does not 
procure or specify a firm quantity of services (other than a minimum or 
maximum quantity) and that provides for the issuance of task orders 
during the specified period of the contract.
    ``(2) Except as provided in subsection (h), the agency head may 
enter into a contract described in paragraph (1) only under the 
authority of this section.
    ``(b) Limitation on Contract Period.--The period of a contract 
referred to in subsection (a), including all periods of extensions of 
the contract under options, modifications, or otherwise, may not exceed 
5 years unless a longer period is specifically authorized in a law that 
is applicable to such contract.
    ``(c) Contract Procedures.--(1) An agency head may use procedures 
other than competitive procedures to enter into a contract referred to 
in subsection (a) only if an exception in subsection (c) of section 303 
applies to the contract and the use of such procedures is approved in 
accordance with subsection (f) of such section.
    ``(2) The notice required by section 18 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small 
Business Act (15 U.S.C. 637(e)) shall reasonably and fairly describe 
the general scope, magnitude, and duration of the proposed contract in 
a manner that would reasonably enable a potential offeror to decide 
whether to request the solicitation and consider submitting an offer.
    ``(3) The solicitation shall include the following:
            ``(A) The period of the contract, including the number of 
        options to extend the contract and the period for which the 
        contract may be extended under each option, if any.
            ``(B) The maximum quantity or dollar value of the services 
        to be procured under the contract.
            ``(C) A statement of work, specifications, or other 
        description that reasonably describes the general scope, 
        nature, complexity, and purposes of the services to be procured 
        under the contract.
    ``(4)(A) An agency head may, on the basis of one solicitation, 
award separate contracts under this section for the same or similar 
services to two or more sources if the solicitation states that the 
agency head has the option to do so.
    ``(B) If, in the case of a contract for advisory and assistance 
services to be entered into under the authority of this section, the 
contract period is to exceed 3 years and the contract amount is 
estimated to exceed $10,000,000 (including all options), the 
solicitation shall--
            ``(i) provide for a multiple award authorized under 
        subparagraph (A); and
            ``(ii) include a statement that the agency head may also 
        elect to award only one contract if the agency head determines 
        in writing that only one of the offerers is capable of 
        providing the services required at the level of quality 
        required.
    ``(C) Subparagraph (B) does not apply in the case of a solicitation 
for which the agency head determines in writing that, because the 
services required under the contract are unique or highly specialized, 
it is not practicable to award more than one contract.
    ``(5) A contract referred to in subsection (a) shall contain the 
same information that is required by paragraph (3) to be included in 
the solicitation of offers for that contract.
    ``(d) Order Procedures.--(1) The following actions are not required 
for a task order issued under a contract entered into in accordance 
with this section:
            ``(A) A separate notice for such order under section 18 of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 416)  
        or section 8(e) of the Small Business Act (15 U.S.C. 637(e)).
            ``(B) Except as provided in paragraph (2), a competition 
        (or a waiver of competition approved in accordance with section 
        303(f)) that is separate from that used for entering into the 
        contract.
    ``(2)(A) When multiple contracts are awarded pursuant to subsection 
(c)(4), all contractors awarded such contracts shall be provided a fair 
opportunity to be considered, pursuant to procedures set forth in the 
contracts, for each task order in excess of $2,500 that is to be issued 
under any of the contracts unless--
            ``(i) the agency's need for the services ordered is of such 
        unusual urgency that competition would result in unacceptable 
        delays in fulfilling the agency's needs;
            ``(ii) only one such contractor is capable of providing the 
        services required at the level of quality required because the 
        services ordered are unique or highly specialized;
            ``(iii) the task order should be issued on a sole-source 
        basis in the interest of economy and efficiency because it is a 
        logical follow-on to a task order already issued on a 
        competitive basis; or
            ``(iv) the order must be placed with a particular 
        contractor in order to satisfy a minimum guarantee.
    ``(B) When a task order is issued in accordance with subparagraph 
(A), the order shall include a statement of work that clearly specifies 
all tasks to be performed under the order.
    ``(3) A protest is not authorized in connection with the issuance 
or proposed issuance of a task order except for a protest on the ground 
that the order increases the scope, period, or maximum value of the 
contract under which the order is issued.
    ``(e) Increases in Scope, Period, or Maximum Value of Contract.--
(1) A task order may not increase the scope, period, or maximum value 
of the contract under which the order is issued. The scope, period, or 
maximum value of the contract may be increased only by modification of 
the contract.
    ``(2) Unless use of procedures other than competitive procedures is 
authorized by an exception in subsection (c) of section 303 and 
approved in accordance with subsection (f) of such section, competitive 
procedures shall be used for making such a modification.
    ``(3) Notice regarding the modification shall be provided in 
accordance with section 18 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 
U.S.C. 637(e)).
    ``(4)(A) Notwithstanding the limitation on the contract period set 
forth in subsection (b) or in a solicitation or contract pursuant to 
subsection (c), a contract entered into by the head of an agency under 
this section may be extended on a sole-source basis for a period not 
exceeding 6 months if the agency head determines that--
            ``(i) the award of a follow-on contract has been delayed by 
        circumstances that were not reasonably foreseeable at the time 
        the initial contract was entered into; and
            ``(ii) the extension is necessary in order to ensure 
        continuity of the receipt of services pending the award of, and 
        commencement of performance under, the follow-on contract.
    ``(B) A contract may be extended under the authority of 
subparagraph (A) only once and only in accordance with the limitations 
and requirements of this subsection.
    ``(f) Task Order Ombudsman.--Each agency head who awards multiple 
contracts pursuant to subsection (c)(4) shall appoint or designate a 
task order ombudsman who shall be responsible for reviewing complaints 
from the contractors on such contracts and ensuring that all of the 
contractors are afforded a fair opportunity to be considered for task 
orders when required under subsection (d)(2). The task order ombudsman 
shall be a senior agency official who is independent of the contracting 
officer for the contracts and may be the agency's competition advocate.
    ``(g) Inapplicability to Certain Contracts.--This section does not 
apply to a contract for the acquisition of property or services that 
includes acquisition of advisory and assistance services if the agency 
head entering into such contract determines that, under the contract, 
advisory and assistance services are necessarily incident to, and not a 
significant component of, the contract.
    ``(h) Relationship to Other Contracting Authority.--Nothing in this 
section may be construed to limit the authority of the head of an 
agency to enter into single or multiple task order contracts, or single 
or multiple delivery order contracts, for goods or services (other than 
advisory and assistance services) under other provisions of this title 
or under any other provision of law.
    ``(i) Advisory and Assistance Services Defined.--In this section, 
the term `advisory and assistance services' has the meaning given such 
term in section 1105(g) of title 31, United States Code.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 303G the 
following new item:

``Sec. 303H. Task order contracts for advisory and assistance 
                            services.''.

SEC. 41055. ACQUISITION OF EXPERT SERVICES.

    (a) Exception to Requirement for Use of Competitive Procedures.--
Section 303(c)(3) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253(c)) is amended--
            (1) by striking out ``or (B)'' and inserting in lieu 
        thereof ``(B)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (C) to procure the services of an expert for 
        use, in any litigation or dispute (including any reasonably 
        foreseeable litigation or dispute) involving the Federal 
        Government, in any trial, hearing, or proceeding before any 
        court, administrative tribunal, or agency, or in any part of an 
        alternative dispute resolution process, whether or not the 
        expert is expected to testify''.
    (b) Procurement Notice.--
            (1) Amendment of office of federal procurement policy 
        act.--Section 18(c) of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 416(c)) is amended--
                    (A) by striking out ``or'' at the end of 
                subparagraph (D);
                    (B) by striking out the period at the end of 
                subparagraph (E) and inserting in lieu thereof ``; 
                or''; and
                    (C) by adding at the end the following:
            ``(F) the procurement is for the services of an expert for 
        use in any litigation or dispute (including any reasonably 
        foreseeable litigation or dispute) involving the Federal 
        Government in any trial, hearing, or proceeding before any 
        court, administrative tribunal, or agency, or in any part of an 
        alternative dispute resolution process, whether or not the 
        expert is expected to testify.''.
            (2) Amendment of small business act.--Section 8(g) of the 
        Small Business Act (15 U.S.C. 637(c)) is amended--
                    (A) by striking out ``or'' at the end of 
                subparagraph (D);
                    (B) by striking out the period at the end of 
                subparagraph (E) and inserting in lieu thereof ``; 
                or''; and
                    (C) by adding at the end the following:
            ``(F) the procurement is for the services of an expert for 
        use in any litigation or dispute (including preparation for any 
        foreseeable litigation or dispute) that involves or could 
        involve the Federal Government in any trial, hearing, or 
        proceeding before any court, administrative tribunal, or 
        agency, or in any part of an alternative dispute resolution 
        process, whether or not the expert is expected to testify.''.
    (c) Repeal of Amendments to Uncodified Title.--The following 
provisions of law are repealed:
            (1) Section 532 of Public Law 101-509 (104 Stat. 1470) and 
        the provision of law set out in quotes in that section.
            (2) Section 529 of Public Law 102-393 (106 Stat. 1761) and 
        the matters inserted and added by that section.

SEC. 41056. CONTINUED OCCUPANCY OF LEASED SPACE.

    Section 303(d) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253(d)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2)(A) For the purposes of applying subsection (c)(1) in the case 
of a follow-on lease to be entered into for the purpose of providing 
for continued occupancy of particular space in leased real property by 
a Federal agency, space may be treated as being available only from the 
lessor of such space and may be acquired through the use of procedures 
other than competitive procedures (without the justification otherwise 
required by subsection (f)) if a written determination is made by the 
contracting officer that--
            ``(i) the occupying agency has a continuing need for the 
        space;
            ``(ii) the space meets the needs of the agency; and
            ``(iii) the lessor is willing to continue to provide the 
        space at a fair market price determined by the contracting 
        officer on the basis of a market survey or an appraisal 
        conducted in accordance with generally accepted real property 
        appraisal standards.
    ``(B) The authority under subparagraph (A) to use procedures other 
than competitive procedures to enter into a follow-on lease may be 
exercised not more than once to provide for continued occupancy of 
particular space in real property by a particular Federal agency. The 
period of such follow-on lease may not exceed 5 years.
    ``(C) Nothing in this paragraph may be construed to prohibit the 
use of procedures other than competitive procedures to enter into a 
follow-on lease of real property for continued occupancy of particular 
space in real property by a Federal agency when an exception set forth 
in subsection (c) applies and the use of such procedures is justified 
and approved in accordance with subsection (f).''.

        Subpart B--Planning, Solicitation, Evaluation, and Award

SEC. 41061. SOLICITATION, EVALUATION, AND AWARD.

    (a) Content of Solicitation.--Section 303A of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253a) is amended--
            (1) in subsection (b)(1)(A)--
                    (A) by inserting ``and significant subfactors'' 
                after ``all significant factors''; and
                    (B) by striking out ``(including price)'' and 
                inserting ``(including cost or price, cost-related or 
                price-related factors and subfactors, and noncost-
                related or nonprice-related factors and subfactors)'';
            (2) in subsection (b)(1)(B), by inserting ``and 
        subfactors'' after ``factors'';
            (3) in subsection (b)(2)(B), by striking out clause (i) and 
        inserting in lieu thereof the following:
                            ``(i) either a statement that the proposals 
                        are intended to be evaluated with, and award 
                        made after, discussions with the offerors, or a 
                        statement that the proposals are intended to be 
                        evaluated, and award made, without discussions 
                        with the offerors (other than discussions 
                        conducted for the purpose of minor 
                        clarification) unless discussions are 
                        determined to be necessary; and''; and
            (4) by adding at the end the following new subsection:
    ``(c)(1) In prescribing the evaluation factors to be included in 
each solicitation for competitive proposals, an agency head--
            ``(A) shall clearly establish the relative importance 
        assigned to the evaluation factors and subfactors, including 
        the quality of the product or services to be provided 
        (including technical capability, management capability, prior 
        experience, and past performance of the offeror);
            ``(B) shall include cost or price to the Government as an 
        evaluation factor that must be considered in the evaluation of 
        proposals; and
            ``(C) shall disclose to offerors whether all evaluation 
        factors other than cost or price, when combined, are--
                    ``(i) significantly more important than cost or 
                price;
                    ``(ii) approximately equal in importance to cost or 
                price; or
                    ``(iii) significantly less important than cost or 
                price.
    ``(2) Nothing in this subsection prohibits an agency from--
            ``(A) providing additional information in a solicitation, 
        including numeric weights for all evaluation factors; or
            ``(B) stating in a solicitation that award will be made to 
        the offeror that meets the solicitation's mandatory 
        requirements at the lowest price or cost.''.
    (b) Evaluation and Award.--Section 303B of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253b) is amended--
            (1) in subsection (a), by inserting ``, and award a 
        contract,'' after ``competitive proposals'';
            (2) in subsection (c), by inserting ``in accordance with 
        subsection (a)'' in the second sentence after ``shall evaluate 
        the bids''; and
            (3) in subsection (d)--
                    (A) by striking out paragraph (1) and inserting in 
                lieu thereof the following:
    ``(1) An agency head shall evaluate competitive proposals in 
accordance with subsection (a) and may award a contract--
            ``(A) after discussions with the offerors, provided that 
        written or oral discussions have been conducted with all 
        responsible offerors who submit proposals within the 
        competitive range; or
            ``(B) based on the proposals received and without 
        discussions with the offerors (other than discussions conducted 
        for the purpose of minor clarification), provided that, as 
        required by section 303A(b)(2)(B)(i), the solicitation included 
        a statement that proposals are intended to be evaluated, and 
        award made, without discussions, unless discussions are 
        determined to be necessary.'';
                    (B) by striking out paragraphs (2) and (3) and by 
                redesignating paragraph (4) as paragraph (2); and
                    (C) in paragraph (2), as redesignated by 
                subparagraph (B), by inserting ``cost or'' before 
                ``price'' in the first sentence.
    (c) Applicability.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to--
                    (A) solicitations for sealed bids or competitive 
                proposals issued after the end of the 180-day period 
                beginning on the date of the enactment of this 
                division; and
                    (B) contracts awarded pursuant to those 
                solicitations.
            (2) Authority to apply amendments early.--The head of an 
        executive agency may apply the amendments made by this section 
        to solicitations issued before the end of the period referred 
        to in paragraph (1). The head of the executive agency shall 
        publish in the Federal Register notice of any such earlier date 
        of application at least 10 days before that date.

SEC. 41062. SOLICITATION PROVISION REGARDING EVALUATION OF PURCHASE 
              OPTIONS.

    Section 303A of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253a), as amended by section 41061(a)(4), is 
further amended by adding at the end the following new subsection:
    ``(d) An agency head, in issuing a solicitation for a contract to 
be awarded using sealed bid procedures, may not include in such 
solicitation a clause providing for the evaluation of prices for 
options to purchase additional property or services under the contract 
unless the agency head has determined that there is a reasonable 
likelihood that the options will be exercised.''.

SEC. 41063. PROMPT NOTICE OF AWARD.

    (a) Sealed Bid Procedures.--Subsection (c) of section 303B of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253b) is amended by adding at the end the following: ``As soon as 
practicable after the date of contract award, the agency head shall, in 
accordance with procedures prescribed in the Federal Acquisition 
Regulation, notify all offerors not awarded the contract that the 
contract has been awarded.''.
    (b) Competitive Proposals Procedures.--Paragraph (2) of section 
303B(d) of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253b(d)), as redesignated by section 41061(b)(3)(B), is 
amended in the second sentence by striking out ``source and shall 
promptly notify'' and inserting in lieu thereof ``source. As soon as 
practicable after the date of contract award, the agency head shall, in 
accordance with procedures prescribed in the Federal Acquisition 
Regulation, notify''.

SEC. 41064. POST-AWARD DEBRIEFINGS.

    Section 303B of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253b) is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e)(1) When a contract is awarded by the head of an executive 
agency on the basis of competitive proposals, an unsuccessful offeror, 
upon written request received by the agency within 3 days after the 
date on which the unsuccessful offeror receives the notification of the 
contract award, shall be debriefed and furnished the basis for the 
selection decision and contract award. An employee of the executive 
agency shall debrief the offeror promptly after receipt of the request 
by the agency.
    ``(2) The debriefing shall include, at a minimum--
            ``(A) the executive agency's evaluation of the significant 
        weak or deficient factors in the offeror's offer;
            ``(B) the overall evaluated cost and technical rating of 
        the offer of the contractor awarded the contract and the 
        overall evaluated cost and technical rating of the offer of the 
        debriefed offeror;
            ``(C) the overall ranking of all offers;
            ``(D) a summary of the rationale for the award;
            ``(E) in the case of a proposal for a commercial item other 
        than a commercial component, the make and model of the item 
        being provided in accordance with the offer of the contractor 
        awarded the contract; and
            ``(F) reasonable responses to questions posed by the 
        debriefed offeror as to whether source selection procedures set 
        forth in the solicitation, applicable regulations, and other 
        applicable authorities were followed by the executive agency.
    ``(3) The debriefing may not include point-by-point comparisons of 
the debriefed offeror's offer with other offers and may not disclose 
any information that is exempt from disclosure under section 552 of 
title 5, United States Code, including information relating to--
            ``(A) trade secrets;
            ``(B) privileged or confidential manufacturing processes 
        and techniques; and
            ``(C) commercial and financial information that is 
        privileged or confidential, including cost breakdowns, profit, 
        indirect cost rates, and similar information.
    ``(4) Each solicitation for competitive proposals shall include a 
statement that information described in paragraph (2) may be disclosed 
in post-award debriefings.
    ``(5) If, within one year after the date of the contract award and 
as a result of a successful procurement protest or otherwise, the 
executive agency seeks to fulfill the requirement under the contract 
either on the basis of a new solicitation of offers or on the basis of 
new best and final offers requested for that contract, the agency head 
shall make available to all offerors--
            ``(A) the information provided in debriefings under this 
        subsection regarding the offer of the contractor awarded the 
        contract; and
            ``(B) the same information that would have been provided to 
        the original offerors.
    ``(6) The contracting officer shall include a summary of the 
debriefing in the contract file.''.

SEC. 41065. PROTEST FILE.

    Section 303B of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253b), as amended by section 41064(1), is 
further amended by adding at the end the following:
    ``(h)(1) If, in the case of a solicitation for a contract issued 
by, or an award or proposed award of a contract by, an agency head, a 
protest is filed pursuant to the procedures in subchapter V of chapter 
35 of title 31, United States Code, and an actual or prospective 
offeror so requests, a file of the protest shall be established by the 
procuring activity and reasonable access shall be provided to actual or 
prospective offerors.
    ``(2) Information exempt from disclosure under section 552 of title 
5, United States Code, may be redacted in a file established pursuant 
to paragraph (1) unless an applicable protective order provides 
otherwise.
    ``(3) Regulations implementing this subsection shall be consistent 
with the regulations regarding the preparation and submission of an 
agency's protest file (the so-called `rule 4 file') for protests to the 
General Services Board of Contract Appeals under section 111 of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
759).''.

SEC. 41066. AWARD OF COSTS AND FEES IN AGENCY SETTLEMENT OF PROTESTS.

    Section 303B of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253b), as amended by section 41065, is further 
amended by adding at the end the following new subsection:
    ``(i) If, in connection with a protest, an agency head determines 
that a solicitation, proposed award, or award does not comply with the 
requirements of law or regulation, the agency head may take--
            ``(1) any action set out in subparagraphs (A) through (F) 
        of subsection (b)(1) of section 3554 of title 31, United States 
        Code; and
            ``(2) may pay costs described in paragraph (1) of section 
        3554(c) of such title within the limits referred to in 
        paragraph (2) of such section.''.

SEC. 41067. TWO-PHASE SELECTION PROCEDURES.

    (a) Procedures Authorized.--Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), as amended 
by section 41054, is further amended by inserting after section 303H 
the following new section:

                    ``two-phase selection procedures

    ``Sec. 303I. (a) Procedures Authorized.--The head of an executive 
agency may use two-phase selection procedures for entering into a 
contract for the acquisition of property or services (other than a 
construction contract) when the agency head determines that three or 
more offers will be received for such contract, substantial design work 
must be performed before an offeror can develop a price or cost 
proposal for such contract, and the offerors will incur a substantial 
amount of expenses in preparing the offers.
    ``(b) Procedures Described.--Two-phase selection procedures consist 
of the following:
            ``(1) The agency head solicits proposals that--
                    ``(A) include information on the offerors'--
                            ``(i) technical approach; and
                            ``(ii) technical qualifications; and
                    ``(B) do not include--
                            ``(i) detailed design information; or
                            ``(ii) cost or price information.
            ``(2) The agency head evaluates the proposals on the basis 
        of evaluation criteria set forth in the solicitation, except 
        that the agency head does not consider cost-related or price-
        related evaluation factors.
            ``(3) The agency head selects at least three offerors as 
        the most highly qualified to provide the property or services 
        under the contract and requests the selected offerors to submit 
        competitive proposals that include cost or price information.
            ``(4) The agency head awards the contract in accordance 
        with section 303B(d).
    ``(c) Solicitation To State Number of Offerors To Be Selected for 
Phase Two Requests for Competitive Proposals.--A solicitation issued 
pursuant to subsection (b)(1) shall state the maximum number of 
offerors that are to be selected to submit competitive proposals 
pursuant to subsection (b)(3).
    ``(d) Resource Comparison Criterion Required.--In using two-phase 
selection procedures for entering into a contract, the agency head 
shall establish a resource criterion or a financial criterion 
applicable to the contract in order to provide a consistent basis for 
comparing the offerors and their proposals.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act, as amended by section 41054, is further amended by 
inserting after the item relating to section 303H the following new 
item:

``Sec. 303I. Two-phase selection procedures.''.

                     Subpart C--Kinds of Contracts

SEC. 41071. AGENCY HEAD DETERMINATION REGARDING USE OF COST TYPE OR 
              INCENTIVE CONTRACT.

    Section 304(b) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 254(b)) is amended by striking out the second 
sentence.

SEC. 41072. MULTIYEAR CONTRACTING AUTHORITY.

    (a) Authority.--Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), as amended 
by section 41067, is further amended by inserting after section 303I 
the following new section:

                         ``multiyear contracts

    ``Sec. 303J. (a) Authority.--The head of an executive agency may 
enter into a multiyear contract for the acquisition of property or 
services if--
            ``(1) funds are available and obligated for such contract, 
        for the full period of the contract or for the first fiscal 
        year in which the contract is in effect, and for the estimated 
        costs associated with any necessary termination of such 
        contract; and
            ``(2) the agency head determines that--
                    ``(A) the need for the property or services is 
                reasonably firm and continuing over the period of the 
                contract; and
                    ``(B) a multiyear contract will serve the best 
                interests of the United States by encouraging effective 
                competition or promoting economy in administration, 
                performance, and operation of the agency's programs.
    ``(b) Termination Clause.--A multiyear contract entered into under 
the authority of this section shall include a clause that provides that 
the contract shall be terminated if funds are not made available for 
the continuation of such contract in any fiscal year covered by the 
contract. Amounts available for paying termination costs shall remain 
available for such purpose until the costs associated with termination 
of the contract are paid.
    ``(c) Rule of Construction.--Nothing in this section is intended to 
modify or affect any other provision of law that authorizes multiyear 
contracts.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act, as amended by section 41067, is further amended by 
inserting after the item relating to section 303I the following new 
item:

``Sec. 303J. Multiyear contracts.''.

SEC. 41073. SEVERABLE SERVICES CONTRACTS CROSSING FISCAL YEARS.

    (a) Authority.--Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), as amended 
by section 41072, is further amended by inserting after section 303J 
the following new section:

    ``severable services contracts for periods crossing fiscal years

    ``Sec. 303K. (a) Authority.--The head of an executive agency may 
enter into a contract for procurement of severable services for a 
period that begins in one fiscal year and ends in the next fiscal year 
if (without regard to any option to extend the period of the contract) 
the contract period does not exceed one year.
    ``(b) Obligation of Funds.--Funds made available for a fiscal year 
may be obligated for the total amount of a contract entered into under 
the authority of subsection (a).''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act, as amended by section 41072, is further amended by 
inserting after the item relating to section 303J the following new 
item:

``Sec. 303K. Severable services contracts for periods crossing fiscal 
                            years.''.

SEC. 41074. ECONOMY ACT PURCHASES.

    (a) Regulations Required.--Not later than six months after the date 
of the enactment of this division, the Federal Acquisition Regulation 
shall be revised to include regulations governing the exercise of the 
authority under section 1535 of title 31, United States Code, for 
Federal agencies to purchase goods and services under contracts entered 
into or administered by other agencies.
    (b) Content of Regulations.--The regulations prescribed pursuant to 
subsection (a) shall--
            (1) require that each purchase described in subsection (a) 
        be approved in advance by a contracting officer of the ordering 
        agency with authority to contract for the goods or services to 
        be purchased or by another official in a position specifically 
        designated by regulation to approve such purchase;
            (2) provide that such a purchase of goods or services may 
        be made only if--
                    (A) the purchase is appropriately made under a 
                contract that the agency filling the purchase order 
                entered into, before the purchase order, in order to 
                meet the requirements of such agency for the same or 
                similar goods or services;
                    (B) the agency filling the purchase order is better 
                qualified to enter into or administer the contract for 
                such goods or services by reason of capabilities or 
                expertise that is not available within the ordering 
                agency; or
                    (C) the agency or unit filling the order is 
                specifically authorized by law or regulations to 
                purchase such goods or services on behalf of other 
                agencies;
            (3) prohibit any such purchase under a contract or other 
        agreement entered into or administered by an agency not covered 
        by the provisions of chapter 137 of title 10, United States 
        Code, or title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251 et seq.) and not covered by 
        the Federal Acquisition Regulation unless the purchase is 
        approved in advance by the senior procurement official 
        responsible for purchasing by the ordering agency; and
            (4) prohibit any payment to the agency filling a purchase 
        order of any fee that exceeds the actual cost or, if the actual 
        cost is not known, the estimated cost of entering into and 
        administering the contract or other agreement under which the 
        order is filled.
    (c) Monitoring System Required.--The Administrator for Federal 
Procurement Policy shall ensure that, not later than one year after the 
date of the enactment of this division, systems for collecting and 
evaluating procurement data are capable of collecting and evaluating 
appropriate data on procurements conducted under the regulations 
prescribed pursuant to subsection (a).
    (d) Termination.--This section shall cease to be effective one year 
after the date on which final regulations prescribed pursuant to 
subsection (a) take effect.

                    PART III--ACQUISITIONS GENERALLY

SEC. 41091. POLICY REGARDING CONSIDERATION OF CONTRACTOR PAST 
              PERFORMANCE.

    (a) Policy.--Section 2 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 401) is amended--
            (1) by striking out ``and'' at the end of paragraph (12);
            (2) by striking out the period at the end of paragraph (13) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(14) establishing policies and procedures that encourage 
        the consideration of contractors' past performance in the 
        selection of contractors.''.
    (b) Guidance Required.--Section 6 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 405) is amended by adding at the end 
the following:
    ``(j)(1) Congress makes the following findings:
            ``(A) Past contract performance of an offeror is one of the 
        relevant factors that contracting officials of executive 
        agencies should consider in entering into contracts.
            ``(B) It is appropriate for a contracting official to 
        consider past contract performance of an offeror as an 
        indicator of the likelihood that the offeror will successfully 
        perform a contract to be entered into by that official.
    ``(2) The Administrator shall prescribe for executive agencies 
guidance regarding consideration of the past contract performance of 
offerors in awarding contracts. The guidance shall include--
            ``(A) standards for evaluating past performance with 
        respect to cost (when appropriate), schedule, compliance with 
        technical or functional specifications, and other relevant 
        performance factors that facilitate consistent and fair 
        evaluation by all executive agencies;
            ``(B) policies for the collection and maintenance of 
        information on past contract performance that, to the maximum 
        extent practicable, facilitate automated collection, 
        maintenance, and dissemination of information and provide for 
        ease of collection, maintenance, and dissemination of 
        information by other methods, as necessary; and
            ``(C) policies for ensuring that--
                    ``(i) offerors are afforded an opportunity to 
                submit relevant information on past contract 
                performance, including performance under contracts 
                entered into by the executive agency concerned, 
                contracts entered into by other departments and 
                agencies of the Federal Government, contracts entered 
                into by agencies of State and local governments, and 
                contracts entered into by commercial customers; and
                    ``(ii) such information submitted by offerors is 
                considered.
    ``(3) The Administrator shall prescribe for all executive agencies 
guidance regarding the period for which information on past performance 
of offerors should be maintained and considered.
    ``(4) In the case of an offeror regarding whom there is no 
information on past contract performance or regarding whom information 
on past contract performance is not available, the offeror may not be 
evaluated favorably or unfavorably on the factor of past contract 
performance.''.

SEC. 41092. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON COMPETITION.

    Section 23 of the Office of Federal Procurement Policy Act (41 
U.S.C. 419) is repealed.

                   Subtitle B--Truth in Negotiations

                  PART I--ARMED SERVICES ACQUISITIONS

SEC. 41101. STABILIZATION OF DOLLAR THRESHOLD OF APPLICABILITY.

    (a) Repeal of Reversion to Lower Threshold.--Paragraph (1)(A) of 
section 2306a(a) of title 10, United States Code, is amended--
            (1) in clause (i), by striking out ``and before January 1, 
        1996,''; and
            (2) in clause (ii), by striking out ``or after December 31, 
        1995,''.
    (b) Adjustments for Changes in Dollar Values.--Section 2306a(a) of 
such title is amended by adding at the end the following new 
subparagraph:
    ``(7) Effective on October 1 of each year that is divisible by 5, 
each amount set forth in paragraph (1) shall be adjusted to the amount 
that is equal to the fiscal year 1994 constant dollar value of the 
amount set forth. Any amount, as so adjusted, that is not evenly 
divisible by $50,000 shall be rounded to the nearest multiple of 
$50,000. In the case of an amount that is evenly divisible by $25,000 
but not evenly divisible by $50,000, the amount shall be rounded to the 
next higher multiple of $50,000.''.

SEC. 41102. EXCEPTIONS TO COST OR PRICING DATA REQUIREMENTS.

    (a) Exceptions Stated.--Subsection (b) of section 2306a of title 
10, United States Code, is amended to read as follows:
    ``(b) Exceptions.--(1) Submission of cost and pricing data shall 
not be required under subsection (a)--
            ``(A) in the case of a contract, a subcontract, or a 
        contract or subcontract modification, for which the price 
        agreed upon is based on--
                    ``(i) adequate price competition;
                    ``(ii) established catalog or market prices of 
                commercial items or of services customarily used for 
                other than Government purposes, as the case may be, 
                that are sold in substantial quantities to the general 
                public; or
                    ``(iii) prices set by law or regulation; or
            ``(B) in an exceptional case when the head of the agency 
        concerned determines that the requirements of this section may 
        be waived and states in writing the reasons for such 
        determination.
    ``(2) Submission of cost and pricing data shall not be required 
under subsection (a) in the case of a modification of a contract or 
subcontract for a commercial item if--
            ``(A) the contract or subcontract being modified is a 
        contract or subcontract for which submission of cost and 
        pricing data may not be required by reason of paragraph (1)(A);
            ``(B) the modification is not a case in which paragraph 
        (1)(A) prohibits the head of an agency from requiring 
        submission of cost and pricing data; and
            ``(C) the modification would not change the contract or 
        subcontract, as the case may be, from a contract or subcontract 
        for the acquisition of a commercial item to a contract or 
        subcontract for the acquisition of a noncommercial item.''.
    (b) Conforming Amendment to Reference.--Subsection (a)(5) of such 
section is amended by striking out ``subsection (b)(2)'' and inserting 
in lieu thereof ``subsection (b)(1)(B)''.

SEC. 41103. LIMITATION ON AUTHORITY TO REQUIRE A SUBMISSION NOT 
              OTHERWISE REQUIRED.

    Subsection (c) of section 2306a of title 10, United States Code, is 
amended to read as follows:
    ``(c) Limitation on Authority To Require Cost or Pricing Data.--
When cost or pricing data are not required to be submitted under this 
section by reason of a $500,000 threshold set forth in subsection (a) 
(as adjusted pursuant to paragraph (7) of such subsection) or by reason 
of an exception set forth in paragraph (1)(A) or (2) of subsection (b), 
submission of such data may not be required unless the head of an 
agency concerned determines that such data are necessary for the 
evaluation by the agency of the reasonableness of the price of the 
contract or subcontract to which the data relate. In any case in which 
the head of an agency requires such data to be submitted in accordance 
with the preceding sentence, the agency head shall document in writing 
the reasons for such requirement.''.

SEC. 41104. ADDITIONAL SPECIAL RULES FOR COMMERCIAL ITEMS.

    Section 2306a of title 10, United States Code, is amended--
            (1) by redesignating subsections (d), (e), (f), and (g) as 
        subsections (e), (f), (g), and (i), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Additional Exception Provisions Regarding Commercial Items.--
(1) To the maximum extent practicable, the head of an agency shall 
conduct procurements of commercial items on a competitive basis.
    ``(2) In any case in which it is not practicable to conduct a 
procurement of a commercial item on a competitive basis and the 
procurement is not covered by an exception in subsection (b), the 
contracting officer shall nonetheless exempt a contract, subcontract, 
or modification of a contract or subcontract under the procurement from 
the requirements of subsection (a) if the contracting officer obtains, 
in accordance with standards and procedures set forth in the Federal 
Acquisition Regulation, information on prices at which the same or 
similar items have been sold in the commercial market that is adequate 
for evaluating the reasonableness of the price of the contract or 
subcontract for a commercial item, or the contract or subcontract 
modification, as the case may be. The contracting officer may obtain 
such information from the offeror or contractor or, when such 
information is not available from that source, from another source or 
sources.
    ``(3)(A) In accordance with procedures prescribed in the Federal 
Acquisition Regulation, the head of an agency shall have the right to 
examine all information provided by an offeror, contractor, or 
subcontractor pursuant to paragraph (2) and all books and records of 
such offeror, contractor, or subcontractor that directly relate to such 
information in order to determine whether the agency is receiving 
accurate information required under this section.
    ``(B) The right under subparagraph (A) shall expire 3 years after 
the date of award of the contract, or 3 years after the date of the 
modification of the contract, with respect to which the information was 
provided.''.

SEC. 41105. RIGHT OF UNITED STATES TO EXAMINE CONTRACTOR RECORDS.

    Section 2306a of title 10, United States Code, is amended by 
striking out subsection (g), as redesignated by section 41104(1), and 
inserting in lieu thereof the following:
    ``(g) Right of United States To Examine Contractor Records.--For 
the purpose of evaluating the accuracy, completeness, and currency of 
cost or pricing data required to be submitted by this section, the head 
of an agency shall have the rights provided by section 2313 of this 
title.''.

SEC. 41106. REQUIRED REGULATIONS.

    Section 2306a of title 10, United States Code, as amended by 
sections 41104 and 41105, is further amended by inserting after 
subsection (g) the following new subsection:
    ``(h) Required Regulations.--The Secretary shall prescribe 
regulations concerning the types of information that offerors must 
submit for a contracting officer to consider in determining whether the 
price of a procurement to the Government is fair and reasonable when 
certified cost or pricing data are not required to be submitted under 
this section because the price of the procurement to the United States 
is not expected to exceed an applicable $500,000 threshold set forth in 
subsection (a) (as adjusted pursuant to paragraph (7) of such 
subsection). Such information, at a minimum, shall include appropriate 
information on the prices at which the same or similar items have 
previously been sold that is adequate for evaluating the reasonableness 
of the price of the proposed contract or subcontract for the 
procurement.''.

SEC. 41107. CONSISTENCY OF TIME REFERENCES.

    Section 2306a of title 10, United States Code, as amended by 
section 41104(1), is further amended--
            (1) in subparagraphs (A)(ii) and (B)(ii) of subsection 
        (e)(4), by inserting ``or, if applicable consistent with 
        paragraph (1)(B), another date agreed upon between the 
        parties,'' after ``(or price of the modification)''; and
            (2) in subsection (i), by inserting ``or, if applicable 
        consistent with subsection (d)(1)(B), another date agreed upon 
        between the parties'' after ``(or the price of a contract 
        modification)''.

SEC. 41108. EXCEPTION FOR TRANSFERS BETWEEN DIVISIONS, SUBSIDIARIES, 
              AND AFFILIATES.

    Subsection (i) of section 2306a of title 10, United States Code, as 
redesignated by section 41104(1), is amended to read as follows:
    ``(i) Definitions.--In this section:
            ``(1) The term `cost or pricing data' means all facts that, 
        as of the date of agreement on the price of a contract (or the 
        price of a contract modification), a prudent buyer or seller 
        would reasonably expect to affect price negotiations 
        significantly. Such term does not include information that is 
        judgmental, but does include the factual information from which 
        a judgment was derived.
            ``(2) The term `subcontract' includes a transfer of 
        commercial items between divisions, subsidiaries, or affiliates 
        of a contractor.''.

SEC. 41109. REPEAL OF SUPERSEDED PROVISION.

    Subsections (b) and (c) of section 803 of Public Law 101-510 (10 
U.S.C. 2306a note) are repealed.

                 PART II--CIVILIAN AGENCY ACQUISITIONS

SEC. 41151. REVISION OF CIVILIAN AGENCY PROVISIONS TO ENSURE UNIFORM 
              TREATMENT OF COST OR PRICING DATA.

    (a) In General.--Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is 
amended--
            (1) in section 304, by striking out subsection (d); and
            (2) by inserting after section 304 the following new 
        section:

             ``cost or pricing data: truth in negotiations

    ``Sec. 304A. (a) Required Cost or Pricing Data and Certification.--
(1) An agency head shall require offerors, contractors, and 
subcontractors to make cost or pricing data available as follows:
            ``(A) An offeror for a prime contract under this title to 
        be entered into using procedures other than sealed-bid 
        procedures shall be required to submit cost or pricing data 
        before the award of a contract if--
                    ``(i) in the case of a prime contract entered into 
                after the date of the enactment of the Federal 
                Acquisition Streamlining Act of 1994, the price of the 
                contract to the United States is expected to exceed 
                $500,000; and
                    ``(ii) in the case of a prime contract entered into 
                on or before the date of the enactment of the Federal 
                Acquisition Streamlining Act of 1994, the price of the 
                contract to the United States is expected to exceed 
                $100,000.
            ``(B) The contractor for a prime contract under this 
        chapter shall be required to submit cost or pricing data before 
        the pricing of a change or modification to the contract if--
                    ``(i) in the case of a change or modification made 
                to a prime contract referred to in subparagraph (A)(i), 
                the price adjustment is expected to exceed $500,000;
                    ``(ii) in the case of a change or modification made 
                to a prime contract that was entered into on or before 
                the date of the enactment of the Federal Acquisition 
                Streamlining Act of 1994, and that has been modified 
                pursuant to paragraph (6), the price adjustment is 
                expected to exceed $500,000; and
                    ``(iii) in the case of a change or modification not 
                covered by clause (i) or (ii), the price adjustment is 
                expected to exceed $100,000.
            ``(C) An offeror for a subcontract (at any tier) of a 
        contract under this title shall be required to submit cost or 
        pricing data before the award of the subcontract if the prime 
        contractor and each higher-tier subcontractor have been 
        required to make available cost or pricing data under this 
        section and--
                    ``(i) in the case of a subcontract under a prime 
                contract referred to in subparagraph (A)(i), the price 
                of the subcontract is expected to exceed $500,000;
                    ``(ii) in the case of a subcontract entered into 
                under a prime contract that was entered into on or 
                before the date of the enactment of the Federal 
                Acquisition Streamlining Act of 1994, and that has been 
                modified pursuant to paragraph (6), the price of the 
                subcontract is expected to exceed $500,000; and
                    ``(iii) in the case of a subcontract not covered by 
                clause (i) or (ii), the price of the subcontract is 
                expected to exceed $100,000.
            ``(D) The subcontractor for a subcontract covered by 
        subparagraph (C) shall be required to submit cost or pricing 
        data before the pricing of a change or modification to the 
        subcontract if--
                    ``(i) in the case of a change or modification to a 
                subcontract referred to in subparagraph (C)(i) or 
                (C)(ii), the price adjustment is expected to exceed 
                $500,000; and
                    ``(ii) in the case of a change or modification to a 
                subcontract referred to in subparagraph (C)(iii), the 
                price adjustment is expected to exceed $100,000.
    ``(2) A person required, as an offeror, contractor, or 
subcontractor, to submit cost or pricing data under paragraph (1) (or 
required by the agency head concerned to submit such data in accordance 
with subsection (c)) shall be required to certify that, to the best of 
the person's knowledge and belief, the cost or pricing data submitted 
are accurate, complete, and current.
    ``(3) Cost or pricing data required to be submitted under paragraph 
(1) (or in accordance with subsection (c)), and a certification 
required to be submitted under paragraph (2), shall be submitted--
            ``(A) in the case of a submission by a prime contractor (or 
        an offeror for a prime contract), to the contracting officer 
        for the contract (or to a designated representative of the 
        contracting officer); or
            ``(B) in the case of a submission by a subcontractor (or an 
        offeror for a subcontract), to the prime contractor.
    ``(4) Except as provided under subsection (b), this section applies 
to contracts entered into by an agency head on behalf of a foreign 
government.
    ``(5) For purposes of paragraph (1)(C), a contractor or 
subcontractor granted a waiver under subsection (b)(1)(B) shall be 
considered as having been required to make available cost or pricing 
data under this section.
    ``(6)(A) Upon the request of a contractor that was required to 
submit cost or pricing data under paragraph (1) in connection with a 
prime contract entered into on or before the date of the enactment of 
the Federal Acquisition Streamlining Act of 1994, the agency head that 
entered into such contract shall modify the contract to reflect 
subparagraphs (B)(ii) and (C)(ii) of paragraph (1). All such 
modifications shall be made without requiring consideration.
    ``(B) An agency head is not required to modify a contract under 
subparagraph (A) if that agency head determines that the submission of 
cost or pricing data with respect to that contract should be required 
in accordance with subsection (c).
    ``(7) Effective on October 1 of each year that is divisible by 5, 
each amount set forth in paragraph (1) shall be adjusted to the amount 
that is equal to the fiscal year 1994 constant dollar value of the 
amount set forth. Any amount, as so adjusted, that is not evenly 
divisible by $50,000 shall be rounded to the nearest multiple of 
$50,000. In the case of an amount that is evenly divisible by $25,000 
but not evenly divisible by $50,000, the amount shall be rounded to the 
next higher multiple of $50,000.
    ``(b) Exceptions.--(1) Submission of cost and pricing data shall 
not be required under subsection (a)--
            ``(A) in the case of a contract, a subcontract, or a 
        contract or subcontract modification, for which the price 
        agreed upon is based on--
                    ``(i) adequate price competition;
                    ``(ii) established catalog or market prices of 
                commercial items or of services customarily used for 
                other than Government purposes, as the case may be, 
                that are sold in substantial quantities to the general 
                public; or
                    ``(iii) prices set by law or regulation; or
            ``(B) in an exceptional case when the agency head concerned 
        determines that the requirements of this section may be waived 
        and states in writing the reasons for such determination.
    ``(2) Submission of cost and pricing data shall not be required 
under subsection (a) in the case of a modification of a contract or 
subcontract for a commercial item if--
            ``(A) the contract or subcontract being modified is a 
        contract or subcontract for which submission of cost and 
        pricing data may not be required by reason of paragraph (1)(A);
            ``(B) the modification is not a case in which paragraph 
        (1)(A) prohibits the agency head from requiring submission of 
        cost and pricing data; and
            ``(C) the modification would not change the contract or 
        subcontract, as the case may be, from a contract or subcontract 
        for the acquisition of a commercial item to a contract or 
        subcontract for the acquisition of a noncommercial item.
    ``(c) Limitation on Authority To Require Cost or Pricing Data.--
When cost or pricing data are not required to be submitted under this 
section by reason of a $500,000 threshold set forth in subsection (a) 
(as adjusted pursuant to paragraph (7) of such subsection) or by reason 
of an exception in paragraph (1)(A) or (2) of subsection (b), 
submission of such data may not be required unless the agency head 
concerned determines that such data are necessary for the evaluation by 
the agency of the reasonableness of the price of the contract or 
subcontract to which the data relate. In any case in which the agency 
head requires such data to be submitted in accordance with the 
preceding sentence, the agency head shall document in writing the 
reasons for such requirement.
    ``(d) Additional Exception Provisions Regarding Commercial Items.--
(1) To the maximum extent practicable, an agency head shall conduct 
procurements of commercial items on a competitive basis.
    ``(2) In any case in which it is not practicable to conduct a 
procurement of a commercial item on a competitive basis and the 
procurement is not covered by an exception in subsection (b), the 
contracting officer shall nonetheless exempt a contract, subcontract, 
or modification of a contract or subcontract under the procurement from 
the requirements of subsection (a) if the contracting officer obtains, 
in accordance with standards and procedures set forth in the Federal 
Acquisition Regulation, information on prices at which the same or 
similar items have been sold in the commercial market that is adequate 
for evaluating the reasonableness of the price of the contract or 
subcontract for a commercial item, or the contract or subcontract 
modification, as the case may be. The contracting officer may obtain 
such information from the offeror or contractor or, when such 
information is not available from that source, from another source or 
sources.
    ``(3)(A) In accordance with procedures prescribed in the Federal 
Acquisition Regulation, an agency head shall have the right to examine 
all information provided by an offeror, contractor, or subcontractor 
pursuant to paragraph (2) and all books and records of such offeror, 
contractor, or subcontractor that directly relate to such information 
in order to determine whether the agency is receiving accurate 
information required under this section.
    ``(B) The right under subparagraph (A) shall expire 3 years after 
the date of award of the contract, or 3 years after the date of the 
modification of the contract, with respect to which the information was 
provided.
    ``(e) Price Reductions for Defective Cost or Pricing Data.--(1)(A) 
A prime contract (or change or modification to a prime contract) under 
which a certificate under subsection (a)(2) is required shall contain a 
provision that the price of the contract to the United States, 
including profit or fee, shall be adjusted to exclude any significant 
amount by which it may be determined by the agency head that such price 
was increased because the contractor (or any subcontractor required to 
make available such a certificate) submitted defective cost or pricing 
data.
    ``(B) For the purposes of this section, defective cost or pricing 
data are cost or pricing data which, as of the date of agreement on the 
price of the contract (or another date agreed upon between the 
parties), were inaccurate, incomplete, or noncurrent. If for purposes 
of the preceding sentence the parties agree upon a date other than the 
date of agreement on the price of the contract, the date agreed upon by 
the parties shall be as close to the date of agreement on the price of 
the contract as is practicable.
    ``(2) In determining for purposes of a contract price adjustment 
under a contract provision required by paragraph (1) whether, and to 
what extent, a contract price was increased because the contractor (or 
a subcontractor) submitted defective cost or pricing data, it shall be 
a defense that the United States did not rely on the defective data 
submitted by the contractor or subcontractor.
    ``(3) It is not a defense to an adjustment of the price of a 
contract under a contract provision required by paragraph (1) that--
            ``(A) the price of the contract would not have been 
        modified even if accurate, complete, and current cost or 
        pricing data had been submitted by the contractor or 
        subcontractor because the contractor or subcontractor--
                    ``(i) was the sole source of the property or 
                services procured; or
                    ``(ii) otherwise was in a superior bargaining 
                position with respect to the property or services 
                procured;
            ``(B) the contracting officer should have known that the 
        cost and pricing data in issue were defective even though the 
        contractor or subcontractor took no affirmative action to bring 
        the character of the data to the attention of the contracting 
        officer;
            ``(C) the contract was based on an agreement between the 
        contractor and the United States about the total cost of the 
        contract and there was no agreement about the cost of each item 
        procured under such contract; or
            ``(D) the prime contractor or subcontractor did not submit 
        a certification of cost and pricing data relating to the 
        contract as required under subsection (a)(2).
    ``(4)(A) A contractor shall be allowed to offset an amount against 
the amount of a contract price adjustment under a contract provision 
required by paragraph (1) if--
            ``(i) the contractor certifies to the contracting officer 
        (or to a designated representative of the contracting officer) 
        that, to the best of the contractor's knowledge and belief, the 
        contractor is entitled to the offset; and
            ``(ii) the contractor proves that the cost or pricing data 
        were available before the date of agreement on the price of the 
        contract (or price of the modification), or, if applicable 
        consistent with paragraph (1)(B), another date agreed upon 
        between the parties, and that the data were not submitted as 
        specified in subsection (a)(3) before such date.
    ``(B) A contractor shall not be allowed to offset an amount 
otherwise authorized to be offset under subparagraph (A) if--
            ``(i) the certification under subsection (a)(2) with 
        respect to the cost or pricing data involved was known to be 
        false when signed; or
            ``(ii) the United States proves that, had the cost or 
        pricing data referred to in subparagraph (A)(ii) been submitted 
        to the United States before the date of agreement on the price 
        of the contract (or price of the modification) or, if 
        applicable under paragraph (1)(B), another date agreed upon 
        between the parties, the submission of such cost or pricing 
        data would not have resulted in an increase in that price in 
        the amount to be offset.
    ``(f) Interest and Penalties for Certain Overpayments.--(1) If the 
United States makes an overpayment to a contractor under a contract 
with an executive agency subject to this section and the overpayment 
was due to the submission by the contractor of defective cost or 
pricing data, the contractor shall be liable to the United States--
            ``(A) for interest on the amount of such overpayment, to be 
        computed--
                    ``(i) for the period beginning on the date the 
                overpayment was made to the contractor and ending on 
                the date the contractor repays the amount of such 
                overpayment to the United States; and
                    ``(ii) at the current rate prescribed by the 
                Secretary of the Treasury under section 6621 of the 
                Internal Revenue Code of 1986; and
            ``(B) if the submission of such defective data was a 
        knowing submission, for an additional amount equal to the 
        amount of the overpayment.
    ``(2) Any liability under this subsection of a contractor that 
submits cost or pricing data but refuses to submit the certification 
required by subsection (a)(2) with respect to the cost or pricing data 
shall not be affected by the refusal to submit such certification.
    ``(g) Right of United States To Examine Contractor Records.--For 
the purpose of evaluating the accuracy, completeness, and currency of 
cost or pricing data required to be submitted by this section, the head 
of an agency shall have the rights provided by section 304B(a)(2).
    ``(h) Required Regulations.--The Federal Acquisition Regulation 
shall include regulations concerning the types of information that 
offerors must submit for a contracting officer to consider in 
determining whether the price of a procurement to the Government is 
fair and reasonable when certified cost or pricing data are not 
required to be submitted under this section because the price of the 
procurement to the United States is not expected to exceed an 
applicable $500,000 threshold set forth in subsection (a) (as adjusted 
pursuant to paragraph (7) of such subsection). Such information, at a 
minimum, shall include appropriate information on the prices at which 
the same or similar items have previously been sold that is adequate 
for evaluating the reasonableness of the price of a proposed contract 
or subcontract for the procurement.
    ``(i) Definitions.--In this section:
            ``(1) The term `cost or pricing data' means all facts that, 
        as of the date of agreement on the price of a contract (or the 
        price of a contract modification) or, if applicable consistent 
        with subsection (e)(1)(B), another date agreed upon between the 
        parties, a prudent buyer or seller would reasonably expect to 
        affect price negotiations significantly. Such term does not 
        include information that is judgmental, but does include the 
        factual information from which a judgment was derived.
            ``(2) The term `subcontract' includes a transfer of 
        commercial items between divisions, subsidiaries, or affiliates 
        of a contractor.''.
    (b) Table of Contents.--The table of contents in the first section 
of such Act is amended by inserting after the item relating to section 
304 the following:

``Sec. 304A. Cost or pricing data: truth in negotiations.''.

SEC. 41152. REPEAL OF OBSOLETE PROVISION.

    (a) Repeal.--Section 303E of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253e) is repealed.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by striking out the item relating to section 
303E.

                  Subtitle C--Research and Development

SEC. 41201. RESEARCH PROJECTS.

    (a) Authorized Means.--Subsection (b) of section 2358 of title 10, 
United States Code, is amended to read as follows:
    ``(b) Authorized Means.--The Secretary of Defense or the Secretary 
of a military department may perform research and development 
projects--
            ``(1) by contract entered into with, grant made to, or 
        cooperative agreement entered into with educational or research 
        institutions, private businesses, or other persons in 
        accordance with the provisions of chapter 63 of title 31;
            ``(2) through one or more military departments;
            ``(3) by using employees and consultants of the Department 
        of Defense; or
            ``(4) by mutual agreement with the head of any other 
        department or agency of the Federal Government.''.
    (b) Caption Amendment.--The caption of subsection (c) of such 
section is amended by striking out ``Military'' and inserting in lieu 
thereof ``Department of Defense''.
    (c) Advanced Research Projects.--
            (1) Restoration and revision of former statement of 
        authority.--Section 2371 of title 10, United States Code, is 
        amended--
                    (A) by redesignating subsections (a), (b), (c), 
                (d), (e), and (f) as subsections (b), (c), (d), (e), 
                (f), and (g), respectively; and
                    (B) by inserting before subsection (b), as so 
                redesignated, the following new subsection (a):
    ``(a) The Secretary of Defense, acting through the Advanced 
Research Projects Agency and such other elements of the Department of 
Defense as the Secretary may designate, and the Secretary of each 
military department, in carrying out basic, applied, and advanced 
research projects, may enter into other transactions, in addition to 
contracts, grants, and cooperative agreements authorized by section 
2358 of this title.''.
            (2) Conforming amendments.--Such section, as amended by 
        paragraph (1), is further amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by inserting ``or 
                        subsection (a)'' after ``section 2358 of this 
                        title''; and
                            (ii) in paragraph (2), by striking out 
                        ``subsection (d)'' and inserting in lieu 
                        thereof ``subsection (e)'';
                    (B) in subsection (c), by inserting ``section 2358 
                of this title or'' after ``under'';
                    (C) in subsection (d)--
                            (i) in paragraph (1), by striking out 
                        ``this section'' and inserting in lieu thereof 
                        ``section 2358 of this title or subsection 
                        (a)''; and
                            (ii) in paragraph (3), by striking out 
                        ``this section'' and inserting in lieu thereof 
                        ``section 2358 of this title or subsection 
                        (a)'';
                    (D) in subsection (e), by inserting ``or subsection 
                (a)'' in the first sentence after ``section 2358 of 
                this title''; and
                    (E) in subsection (f)--
                            (i) in the first sentence, by striking out 
                        ``under this section'' and inserting in lieu 
                        thereof ``under section 2358 of this title or 
                        subsection (a)'';
                            (ii) in paragraph (4), by striking out 
                        ``subsection (a)'' and inserting in lieu 
                        thereof ``subsection (b)''; and
                            (iii) in paragraph (5), by striking out 
                        ``subsection (d)'' and inserting in lieu 
                        thereof ``subsection (e)''.

SEC. 41202. ELIMINATION OF INFLEXIBLE TERMINOLOGY REGARDING 
              COORDINATION AND COMMUNICATION OF DEFENSE RESEARCH 
              ACTIVITIES.

    Section 2364 of title 10, United States Code, is amended--
            (1) in subsection (b)(5), by striking out ``milestone 0, 
        milestone I, and milestone II decisions'' and inserting in lieu 
        thereof ``acquisition program decisions''; and
            (2) in subsection (c), by striking out paragraphs (2), (3), 
        and (4) and inserting in lieu thereof the following:
            ``(2) The term `acquisition program decisions' has the 
        meaning given such term in regulations prescribed by the 
        Secretary of Defense for the purposes of this section.''.

                    Subtitle D--Procurement Protests

              PART I--PROTESTS TO THE COMPTROLLER GENERAL

SEC. 41301. PROTEST DEFINED.

    Paragraph (1) of section 3551 of title 31, United States Code, is 
amended to read as follows:
            ``(1) `protest' means a written objection by an interested 
        party--
                    ``(i) to a solicitation or other request by a 
                Federal agency for offers for a contract for the 
                procurement of property or services;
                    ``(ii) to the cancellation of such a solicitation 
                or other request;
                    ``(iii) to an award or proposed award of such a 
                contract; or
                    ``(iv) to a termination or cancellation of an award 
                of such a contract, if the written objection contains 
                an allegation that the termination or cancellation is 
                based in whole or in part on improprieties concerning 
                the award of the contract;''.

SEC. 41302. REVIEW OF PROTESTS AND EFFECT ON CONTRACTS PENDING 
              DECISION.

    (a) Periods for Certain Actions.--Section 3553 of title 31, United 
States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking out ``one working 
                day of'' and inserting in lieu thereof ``one day 
                after''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking out 
                        ``25 working days from'' and inserting in lieu 
                        thereof ``35 days after''; and
                            (ii) in subparagraph (C), by striking out 
                        ``10 working days from'' and inserting in lieu 
                        thereof ``25 days after''; and
            (2) in subsection (c)(3), by striking out ``thereafter'' 
        and inserting in lieu thereof ``after the making of such 
        finding''.
    (b) Suspension of Performance.--Subsection (d) of such section is 
amended to read as follows:
    ``(d)(1) A contractor awarded a Federal agency contract may, during 
the period described in paragraph (4), begin performance of the 
contract and engage in any related activities that result in 
obligations being incurred by the United States under the contract 
unless the contracting officer responsible for the award of the 
contract withholds authorization to proceed with performance of the 
contract.
    ``(2) The contracting officer may withhold an authorization to 
proceed with performance of the contract during the period described in 
paragraph (4) if the contracting officer determines in writing that--
            ``(A) a protest is likely to be filed; and
            ``(B) the immediate performance of the contract is not in 
        the best interests of the United States.
    ``(3)(A) If the Federal agency awarding the contract receives 
notice of a protest in accordance with this section during the period 
described in paragraph (4)--
            ``(i) the contracting officer may not authorize performance 
        of the contract to begin while the protest is pending; or
            ``(ii) if contract performance authorization to proceed was 
        not withheld in accordance with paragraph (2) before receipt of 
        the notice, the contracting officer shall immediately direct 
        the contractor to cease performance under the contract and to 
        suspend any related activities that may result in additional 
        obligations being incurred by the United States under that 
        contract.
    ``(B) Performance and related activities suspended pursuant to 
subparagraph (A)(ii) by reason of a protest may not be resumed while 
the protest is pending.
    ``(C) The head of the procuring activity may authorize the 
performance of the contract (notwithstanding a protest of which the 
Federal agency has notice under this section)--
            ``(i) upon a written finding that--
                    ``(I) performance of the contract is in the best 
                interests of the United States; or
                    ``(II) urgent and compelling circumstances that 
                significantly affect interests of the United States 
                will not permit waiting for the decision of the 
                Comptroller General concerning the protest; and
            ``(ii) after the Comptroller General is notified of that 
        finding.
    ``(4) The period referred to in paragraphs (2) and (3)(A), with 
respect to a contract, is the period beginning on the date of the 
contract award and ending on the later of--
            ``(A) the date that is 10 days after the date of the 
        contract award; or
            ``(B) the date that is 5 days after--
                    ``(i) the debriefing date offered to an 
                unsuccessful offeror for any debriefing that is 
                requested and, when requested, is required; or
                    ``(ii) in the case of a contract for which no 
                debriefing is required, the date on which the 
                unsuccessful offeror receives the notification of 
                contract award.''.

SEC. 41303. DECISIONS ON PROTESTS.

    (a) Periods for Certain Actions.--Section 3554(a) of title 31, 
United States Code, is amended--
            (1) in paragraph (1), by striking out ``90 working days 
        from'' and inserting in lieu thereof ``125 days after'';
            (2) in paragraph (2), by striking out ``45 calendar days 
        from'' and inserting ``65 days after'';
            (3) by redesignating paragraph (3) as paragraph (4); and
            (4) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(3) An amendment to a protest that adds a new ground of protest, 
if timely made, should be resolved, to the maximum extent practicable, 
within the time limit established under paragraph (1) of this 
subsection for final decision of the initial protest. If an amended 
protest cannot be resolved within such time limit, the Comptroller 
General may resolve the amended protest through the express option 
under paragraph (2) of this subsection.''.
    (b) GAO Recommendations on Protests.--
            (1) Implementation of recommendations.--Section 3554 of 
        title 31, United States Code, is amended--
                    (A) in subsection (b), by adding at the end the 
                following new paragraph:
    ``(3) If the Federal agency fails to implement fully the 
recommendations of the Comptroller General under this subsection with 
respect to a solicitation for a contract or an award or proposed award 
of a contract within 60 days after receiving the recommendations, the 
head of the procuring activity responsible for that contract shall 
report such failure to the Comptroller General not later than 5 working 
days after the end of such 60-day period.'';
                    (B) by striking out subsection (c) and inserting in 
                lieu thereof the following:
    ``(c)(1) If the Comptroller General determines that a solicitation 
for a contract or a proposed award or the award of a contract does not 
comply with a statute or regulation, the Comptroller General may 
recommend that the Federal agency conducting the procurement pay to an 
appropriate interested party the costs of--
            ``(A) filing and pursuing the protest, including reasonable 
        attorney's fees and consultant and expert witness fees; and
            ``(B) bid and proposal preparation.
    ``(2) No party (other than a small business concern (within the 
meaning of section 3(a) of the Small Business Act)) may be paid, 
pursuant to a recommendation made under the authority of paragraph 
(1)--
            ``(A) costs for consultant and expert witness fees that 
        exceed the rates provided under section 504(b)(1)(A) of title 5 
        for expert witnesses; or
            ``(B) costs for attorney's fees that exceed the rates 
        provided for attorneys under section 504(b)(1)(A) of title 5.
    ``(3) If the Comptroller General recommends under paragraph (1) 
that a Federal agency pay costs to an interested party, the Federal 
agency shall--
            ``(A) pay the costs promptly; or
            ``(B) if the Federal agency does not make such payment, 
        promptly report to the Comptroller General the reasons for the 
        failure to follow the Comptroller General's recommendation.
    ``(4) If the Comptroller General recommends under paragraph (1) 
that a Federal agency pay costs to an interested party, the Federal 
agency and the interested party shall attempt to reach an agreement on 
the amount of the costs to be paid. If the Federal agency and the 
interested party are unable to agree on the amount to be paid, the 
Comptroller General may, upon the request of the interested party, 
recommend to the Federal agency the amount of the costs that the 
Federal agency should pay.''; and
                    (C) by striking out subsection (e) and inserting in 
                lieu thereof the following:
    ``(e)(1) The Comptroller General shall report promptly to the 
Committee on Governmental Affairs and the Committee on Appropriations 
of the Senate and to the Committee on Government Operations and the 
Committee on Appropriations of the House of Representatives any case in 
which a Federal agency fails to implement fully a recommendation of the 
Comptroller General under subsection (b) or (c). The report shall 
include--
            ``(A) a comprehensive review of the pertinent procurement, 
        including the circumstances of the failure of the Federal 
        agency to implement a recommendation of the Comptroller 
        General; and
            ``(B) a recommendation regarding whether, in order to 
        correct an inequity or to preserve the integrity of the 
        procurement process, the Congress should consider--
                    ``(i) private relief legislation;
                    ``(ii) legislative rescission or cancellation of 
                funds;
                    ``(iii) further investigation by Congress; or
                    ``(iv) other action.
    ``(2) Not later than January 31 of each year, the Comptroller 
General shall transmit to the Congress a report containing a summary of 
each instance in which a Federal agency did not fully implement a 
recommendation of the Comptroller General under subsection (b) or (c) 
during the preceding year. The report shall also describe each instance 
in which a final decision in a protest was not rendered within 125 days 
after the date the protest is submitted to the Comptroller General.''.
            (2) Requirement for payment in accordance with prior gao 
        determinations.--Costs to which the Comptroller General 
        declared an interested party to be entitled under section 3554 
        of title 31, United States Code, as in effect immediately 
        before the enactment of this division, shall, if not paid or 
        otherwise satisfied by the Federal agency concerned before the 
        date of the enactment of this division, be paid promptly.

SEC. 41304. REGULATIONS.

    (a) Computation of Periods.--Section 3555 of title 31, United 
States Code, is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) The procedures shall provide that, in the computation of any 
period described in this subchapter--
            ``(1) the day of the act, event, or default from which the 
        designated period of time begins to run not be included; and
            ``(2) the last day after such act, event, or default be 
        included, unless--
                    ``(A) such last day is a Saturday, a Sunday, or a 
                legal holiday; or
                    ``(B) in the case of a filing of a paper at the 
                General Accounting Office or a Federal agency, such 
                last day is a day on which weather or other conditions 
                cause the closing of the General Accounting Office or 
                Federal agency, in which event the next day that is not 
                a Saturday, Sunday, or legal holiday shall be 
                included.''.
    (b) Electronic Filings and Disseminations.--Such section, as 
amended by subsection (a), is further amended by inserting after 
subsection (b) the following new subsection:
    ``(c) The Comptroller General may prescribe procedures for the 
electronic filing and dissemination of documents and information 
required under this subchapter. In prescribing such procedures, the 
Comptroller General shall consider the ability of all parties to 
achieve electronic access to such documents and records.''.
    (c) Repeal of Obsolete Deadline.--Subsection (a) of such section is 
amended by striking out ``Not later than January 15, 1985, the'' and 
inserting in lieu thereof ``The''.

                PART II--PROTESTS IN THE FEDERAL COURTS

SEC. 41321. NONEXCLUSIVITY OF REMEDIES.

    Section 3556 of title 31, United States Code, is amended by 
striking out ``a district court of the United States or the United 
States Claims Court'' in the first sentence and inserting in lieu 
thereof ``the United States Court of Federal Claims''.

SEC. 41322. JURISDICTION OF THE UNITED STATES COURT OF FEDERAL CLAIMS.

    (a) Claims Against the United States and Bid Protests.--Section 
1491 of title 28, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (e);
            (2) in subsection (a)--
                    (A) by striking out ``(a)(1)'' and inserting in 
                lieu thereof ``(a) Claims Against the United States.--
                '';
                    (B) in paragraph (2), by striking out ``(2) To'' 
                and inserting in lieu thereof ``(b) Remedy and 
                Relief.--To''; and
                    (C) by striking out paragraph (3); and
            (3) by inserting after subsection (b), as designated by 
        paragraph (2)(B), the following new subsection (c):
    ``(c) Bid Protests.--(1) The United States Court of Federal Claims 
has jurisdiction to render judgment on an action by an interested party 
objecting to a solicitation by a Federal agency for bids or proposals 
for a proposed contract or to a proposed award or the award of a 
contract. The court has jurisdiction to entertain such an action 
without regard to whether suit is instituted before or after the 
contract is awarded.
    ``(2) To afford relief in such an action, the court may award any 
relief that the court considers proper, including declaratory and 
injunctive relief.
    ``(3) In exercising jurisdiction under this subsection, the court 
shall give due regard to the interests of national defense and national 
security and the need for expeditious resolution of the action.
    ``(4) The district courts of the United States do not have 
jurisdiction of any action referred to in paragraph (1).''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended by inserting ``bid protests;'' after ``generally;''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 91 of title 28, United States Code, is 
        amended by striking out the item relating to section 1491 and 
        inserting in lieu thereof the following:

``1491. Claims against United States generally; bid protests; actions 
                            involving Tennessee Valley Authority.''.

    PART III--PROTESTS IN PROCUREMENTS OF AUTOMATIC DATA PROCESSING

SEC. 41331. REVOCATION OF DELEGATIONS OF PROCUREMENT AUTHORITY.

    Section 111(b)(3) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(b)(3)) is amended by inserting 
after the third sentence the following: ``The Administrator may revoke 
a delegation of authority with respect to a particular contract before 
or after award of the contract, except that the Administrator may 
revoke a delegation after the contract is awarded only when there is a 
finding of a violation of law or regulation in connection with the 
contract award.''.

SEC. 41332. AUTHORITY OF THE GENERAL SERVICES ADMINISTRATION BOARD OF 
              CONTRACT APPEALS.

    The first sentence of section 111(f)(1) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 759(f)(1)) is amended to 
read as follows: ``Upon request of an interested party in connection 
with any procurement that is subject to this section (including any 
such procurement that is subject to delegation of procurement 
authority), the board of contract appeals of the General Services 
Administration (hereafter in this subsection referred to as the 
`board') shall review, as provided in this subsection, any decision by 
a contracting officer that is alleged to violate a statute, a 
regulation, or the conditions of a delegation of procurement 
authority.''.

SEC. 41333. PERIODS FOR CERTAIN ACTIONS.

    (a) Suspension of Procurement Authority.--Section 111(f) of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
759(f)) is amended--
            (1) in paragraph (2) by adding at the end the following new 
        subparagraph:
    ``(C) If, in the case of a preaward protest, the board suspends the 
procurement authority of the Administrator or the Administrator's 
delegation of procurement authority, the Administrator or the delegate, 
as the case may be, may continue with the procurement action up to, but 
not including, the awarding of the contract if the Administrator or the 
delegate, as the case may be, determines that it is in the best 
interests of the United States to do so.''; and
            (2) in paragraph (3) by striking out subparagraph (A) and 
        inserting in lieu thereof the following:
    ``(A)(i) If, with respect to an award of a contract, the board 
receives notice of a protest under this subsection within the period 
described in clause (ii), the board shall, at the request of an 
interested party, hold a hearing to determine whether the board should 
suspend the procurement authority of the Administrator or the 
Administrator's delegation of procurement authority for the protested 
procurement on an interim basis until the board can decide the protest.
    ``(ii) The period referred to in clause (i) is the period beginning 
on the date on which the contract is awarded and ending on the date 
that is 10 days after the date of the contract award or, if later, the 
date that is 5 days after--
            ``(I) the debriefing date offered to an unsuccessful 
        offeror for any debriefing that is requested and, when 
        requested, is required; or
            ``(II) in the case of a contract for which no debriefing is 
        required, the date on which the unsuccessful offeror receives 
        the notification of contract award.
    ``(iii) The board shall hold the requested hearing within 5 days 
after the date of the filing of the protest or, in the case of a 
request for debriefing under the provisions of section 2305(b)(5) of 
title 10, United States Code, or section 303B(e) of this Act, within 5 
days after the later of the date of the filing of the protest or the 
date of the debriefing.''.
    (b) Final Decision.--Paragraph (4)(B) of such section 111(f) is 
amended--
            (1) by striking out ``45 working days'' and inserting in 
        lieu thereof ``65 days''; and
            (2) by adding at the end the following: ``An amendment 
        which adds a new ground of protest should be resolved, to the 
        maximum extent practicable, within the time limits established 
        for resolution of the initial protest.''.

SEC. 41334. DISMISSALS OF PROTESTS.

    Section 111(f)(4) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(f)(4)) is amended by striking out 
subparagraph (C) and inserting in lieu thereof the following:
    ``(C) The board may dismiss a protest that the board determines--
            ``(i) is frivolous;
            ``(ii) has been brought in bad faith; or
            ``(iii) does not state on its face a valid basis for 
        protest.''.

SEC. 41335. AWARD OF COSTS.

    Section 111(f)(5) is amended by striking out subparagraph (C) and 
inserting in lieu thereof the following:
    ``(C) Whenever the board makes such a determination, it may, in 
accordance with section 1304 of title 31, United States Code, further 
declare an appropriate prevailing party to be entitled to the cost of 
filing and pursuing the protest (including reasonable attorney's fees 
and consultant and expert witness fees), and bid and proposal 
preparation. However, no party (other than a small business concern 
(within the meaning of section 3(a) of the Small Business Act)) may be 
declared entitled to costs for consultant and expert witness fees that 
exceed the rates provided under section 504(b)(1)(A) of title 5, United 
States Code, for expert witnesses or to costs for attorney's fees that 
exceed the rates provided for attorneys under section 504(b)(1)(A) of 
title 5, United States Code.''.

SEC. 41336. DISMISSAL AGREEMENTS.

    Section 111(f)(5) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(f)(5)) is amended by adding at the 
end the following new subparagraphs:
    ``(D) Any agreement that provides for the dismissal of a protest 
and involves a direct or indirect expenditure of appropriated funds 
shall be submitted to the board and shall be made a part of the public 
record (subject to any protective order considered appropriate by the 
board) before dismissal of the protest. If a Federal agency is a party 
to a settlement agreement, the submission of the agreement submitted to 
the board shall include a memorandum, signed by the contracting officer 
concerned, that describes in detail the procurement, the grounds for 
protest, the Federal Government's position regarding the grounds for 
protest, the terms of the settlement, and the agency's position 
regarding the propriety of the award or proposed award of the contract 
at issue in the protest.
    ``(E) Payment of amounts due from an agency under subparagraph (C) 
or under the terms of a settlement agreement under subparagraph (D) 
shall be made from the appropriation made by section 1304 of title 31, 
United States Code, for the payment of judgments. The Federal agency 
concerned shall reimburse that appropriation account out of funds 
available for the procurement.''.

SEC. 41337. JURISDICTION OF DISTRICT COURTS.

    Section 111(f)(6)(C) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(f)(6)(C)) is amended by striking 
out ``a district court of the United States or''.

SEC. 41338. MATTERS TO BE COVERED IN REGULATIONS.

    Section 111(f) of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 759(f)) is amended by striking out paragraph (8) 
and inserting in lieu thereof the following:
    ``(7)(A) The board shall adopt and issue such rules and procedures 
as may be necessary to the expeditious disposition of protests filed 
under the authority of this subsection.
    ``(B) The procedures shall provide that, in the computation of any 
period described in this subsection--
            ``(i) the day of the act, event, or default from which the 
        designated period of time begins to run not be included; and
            ``(ii) the last day after such act, event, or default be 
        included, unless--
                    ``(I) such last day is a Saturday, a Sunday, or a 
                legal holiday; or
                    ``(II) in the case of a filing of a paper at the 
                board, such last day is a day on which weather or other 
                conditions cause the closing of the board or Federal 
                agency, in which event the next day that is not a 
                Saturday, Sunday, or legal holiday shall be included.
    ``(C) The procedures may provide for electronic filing and 
dissemination of documents and information required under this 
subsection and in so providing shall consider the ability of all 
parties to achieve electronic access to such documents and records.
    ``(D) The procedures shall provide that if the board expressly 
finds that a protest or a portion of a protest is frivolous or has not 
been brought or pursued in good faith, or that any person has willfully 
abused the board's process during the course of a protest, the board 
may impose appropriate procedural sanctions, including dismissal of the 
protest.''.

SEC. 41339. DEFINITIONS.

    (a) Protest.--Section 111(f)(9)(A) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)(A)) is amended 
to read as follows:
            ``(A) the term `protest' means a written objection by an 
        interested party--
                    ``(i) to a solicitation or other request by a 
                Federal agency for offers for a contract for the 
                procurement of property or services;
                    ``(ii) to the cancellation of such a solicitation 
                or other request;
                    ``(iii) to an award or proposed award of such a 
                contract; or
                    ``(iv) to a termination or cancellation of an award 
                of such a contract, if the written objection contains 
                an allegation that the termination or cancellation is 
                based in whole or in part on improprieties concerning 
                the award of the contract;''.
    (b) Prevailing Party.--Section 111(f)(9) of such Act is amended--
            (1) by striking out ``and'' at the end of subparagraph (A);
            (2) by striking out the period at the end of subparagraph 
        (B) and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) the term `prevailing party', with respect to a 
        determination of the board under paragraph (5)(B) that a 
        challenged action of a Federal agency violates a statute or 
        regulation or the conditions of a delegation of procurement 
        authority issued pursuant to this section, means a party that 
        demonstrated such violation.''.

               Subtitle E--Definitions and Other Matters

                  PART I--ARMED SERVICES ACQUISITIONS

SEC. 41401. DEFINITIONS.

    Section 2302 of title 10, United States Code, is amended--
            (1) by striking out paragraphs (3), (4), (5), and (7);
            (2) by redesignating paragraph (6) as paragraph (5); and
            (3) by inserting after paragraph (2) the following:
            ``(3) The terms `commercial item', `commercial component', 
        `full and open competition', `major system', `nondevelopmental 
        item', `procurement', `procurement system', `responsible 
        source', `standards', and `technical data', have the meanings 
        given such terms in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403).
            ``(4) The term `simplified acquisition threshold' has the 
        meaning given that term in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403), except that, in the 
        case of any contract to be awarded and performed, or purchase 
        to be made, outside the United States in support of a 
        contingency operation, the term means an amount equal to two 
        times the amount specified for that term in section 4 of such 
        Act.''.

SEC. 41402. DELEGATION OF PROCUREMENT FUNCTIONS.

    (a) Consolidation of Delegation Authority.--Section 2311 of title 
10, United States Code, is amended to read as follows:
``Sec. 2311. Delegation
    ``(a) In General.--Except to the extent expressly prohibited by 
another provision of law, the head of an agency may delegate, subject 
to his direction, to any other officer or official of that agency, any 
power under this chapter.
    ``(b) Procurements For or With Other Agencies.--Subject to 
subsection (a), to facilitate the procurement of property and services 
covered by this chapter by each agency named in section 2303 of this 
title for any other agency, and to facilitate joint procurement by 
those agencies--
            ``(1) the head of an agency may, within his agency, 
        delegate functions and assign responsibilities relating to 
        procurement;
            ``(2) the heads of two or more agencies may by agreement 
        delegate procurement functions and assign procurement 
        responsibilities from one agency to another of those agencies 
        or to an officer or civilian employee of another of those 
        agencies; and
            ``(3) the heads of two or more agencies may create joint or 
        combined offices to exercise procurement functions and 
        responsibilities.
    ``(c) Approval of Terminations and Reductions of Joint Acquisition 
Programs.--(1) The Secretary of Defense shall prescribe regulations 
that prohibit each military department participating in a joint 
acquisition program approved by the Under Secretary of Defense for 
Acquisition and Technology from terminating or substantially reducing 
its participation in such program without the approval of the Under 
Secretary.
    ``(2) The regulations shall include the following provisions:
            ``(A) A requirement that, before any such termination or 
        substantial reduction in participation is approved, the 
        proposed termination or reduction be reviewed by the Joint 
        Requirements Oversight Council of the Department of Defense.
            ``(B) A provision that authorizes the Under Secretary of 
        Defense for Acquisition and Technology to require a military 
        department approved for termination or substantial reduction in 
        participation in a joint acquisition program to continue to 
        provide some or all of the funding necessary for the 
        acquisition program to be continued in an efficient manner.''.
    (b) Conforming Repeal.--(1) Section 2308 of title 10, United States 
Code, is repealed.
    (2) The table of sections at the beginning of chapter 137 of such 
title is amended by striking out the item related to section 2308.

SEC. 41403. DETERMINATIONS AND DECISIONS.

    Section 2310 of title 10, United States Code, is amended to read as 
follows:
``Sec. 2310. Determinations and decisions
    ``(a) Individual or Class Determinations and Decisions 
Authorized.--Determinations and decisions required to be made under 
this chapter by the head of an agency may be made for an individual 
purchase or contract or for a class of purchases or contracts. Such 
determinations and decisions are final.
    ``(b) Written Findings Required.--(1) Each determination or 
decision under section 2306(e)(1), 2307(e), or 2313(d)(2) of this title 
shall be based on a written finding by the person making the 
determination or decision. The finding shall set out facts and 
circumstances that support the determination or decision.
    ``(2) Each finding referred to in paragraph (1) shall be final. The 
head of the agency making such finding shall maintain a copy of the 
finding for not less than 6 years after the date of the determination 
or decision.''.

SEC. 41404. UNDEFINITIZED CONTRACTUAL ACTIONS: RESTRICTIONS.

    (a) Clarification of Limitation.--Subsection (b) of section 2326 of 
title 10, United States Code, is amended--
            (1) in the subsection caption, by striking out ``and 
        Expenditure'';
            (2) in paragraph (1)(B), by striking out ``or expended'';
            (3) in paragraph (2), by striking out ``expend'' and 
        inserting in lieu thereof ``obligate''; and
            (4) in paragraph (3)--
                    (A) by striking out ``expended'' and inserting in 
                lieu thereof ``obligated''; and
                    (B) by striking out ``expend'' and inserting in 
                lieu thereof ``obligate''.
    (b) Waiver Authority.--Such subsection is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):
    ``(4) The head of an agency may waive the provisions of this 
subsection with respect to a contract of that agency if such head of an 
agency determines that the waiver is necessary in order to support a 
contingency operation.''.
    (c) Inapplicability of Restrictions to Contracts Within the 
Simplified Acquisition Threshold.--Section 2326(g)(1)(B) of title 10, 
United States Code, is amended by striking out ``small purchase 
threshold'' and inserting in lieu thereof ``simplified acquisition 
threshold''.

SEC. 41405. PRODUCTION SPECIAL TOOLING AND PRODUCTION SPECIAL TEST 
              EQUIPMENT: CONTRACT TERMS AND CONDITIONS.

    (a) Repeal.--Section 2329 of title 10, United States Code, is 
repealed.
    (b) Technical 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. 41406. REGULATIONS FOR BIDS.

    Section 2381(a) of title 10, United States Code, is amended by 
striking out ``(a) The Secretary'' and all that follows through the end 
of paragraph (1) and inserting in lieu thereof the following:
    ``(a) The Secretary of Defense or the Secretary of a military 
department may--
            ``(1) prescribe regulations for the preparation, 
        submission, and opening of bids for contracts; and''.

                 PART II--CIVILIAN AGENCY ACQUISITIONS

SEC. 41451. DEFINITIONS.

    Section 309(c) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 259(c)) is amended by striking out ``and 
`supplies''' and inserting in lieu thereof ```supplies', `commercial 
item', `commercial component', `nondevelopmental item', and `simplified 
acquisition threshold'''.

SEC. 41452. DELEGATION OF PROCUREMENT FUNCTIONS.

    (a) Authority.--Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is 
amended--
            (1) by redesignating sections 309 and 310 as sections 312 
        and 313, respectively; and
            (2) by inserting after section 308 the following new 
        section 309:

                              ``delegation

    ``Sec. 309. (a) In General.--Except to the extent expressly 
prohibited by another provision of law, an agency head may delegate, 
subject to his direction, to any other officer or official of that 
agency, any power under this title.
    ``(b) Procurements For or With Other Agencies.--Subject to 
subsection (a), to facilitate the procurement of property and services 
covered by this title by each executive agency for any other executive 
agency, and to facilitate joint procurement by those executive 
agencies--
            ``(1) an agency head may, within his executive agency, 
        delegate functions and assign responsibilities relating to 
        procurement;
            ``(2) the heads of two or more executive agencies may by 
        agreement delegate procurement functions and assign procurement 
        responsibilities from one executive agency to another of those 
        executive agencies or to an officer or civilian employee of 
        another of those executive agencies; and
            ``(3) the heads of two or more executive agencies may 
        create joint or combined offices to exercise procurement 
        functions and responsibilities.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by striking out the items relating to sections 
309 and 310 and inserting in lieu thereof the following:

``Sec. 309. Delegation.
``Sec. 312. Definitions.
``Sec. 313. Statutes not applicable.''.

SEC. 41453. DETERMINATIONS AND DECISIONS.

    (a) In General.--Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), as amended 
by section 41452, is further amended by inserting after section 309 the 
following new section 310:

                     ``determinations and decisions

    ``Sec. 310. (a) Individual or Class Determinations and Decisions 
Authorized.--Determinations and decisions required to be made under 
this title by an agency head may be made for an individual purchase or 
contract or for a class of purchases or contracts. Such determinations 
and decisions are final.
    ``(b) Written Findings Required.--(1) Each determination under 
section 305(e) shall be based on a written finding by the person making 
the determination or decision. The finding shall set out facts and 
circumstances that support the determination or decision.
    ``(2) Each finding referred to in paragraph (1) shall be final. The 
agency head making such finding shall maintain a copy of the finding 
for not less than 6 years after the date of the determination or 
decision.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act, as amended by section 41452, is further amended by 
inserting after the item relating to section 309 the following:

``Sec. 310. Determinations and decisions.''.

SEC. 41454. COOPERATIVE PURCHASING.

    Subsection (b) of section 201 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 481), is amended to read 
as follows:
    ``(b)(1) The Administrator shall, as far as practicable, provide 
any of the services specified in subsection (a) of this section to any 
other Federal agency, mixed-ownership Government corporation (as 
defined in section 9101 of title 31, United States Code), or the 
District of Columbia, upon its request.
    ``(2)(A) The Administrator may provide for the use of Federal 
supply schedules or other contracts by any of the following entities 
upon request:
            ``(i) A State, any department or agency of a State, and any 
        political subdivision of a State, including a local government.
            ``(ii) The District of Columbia.
            ``(iii) The Commonwealth of Puerto Rico.
            ``(iv) The government of an Indian tribe (as defined in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e))).
    ``(B) Subparagraph (A) may not be construed to authorize an entity 
referred to in that subparagraph to order existing stock or inventory 
from federally owned and operated, or federally owned and contractor 
operated, supply depots, warehouses, or similar facilities.
    ``(3)(A) Upon the request of a qualified nonprofit agency for the 
blind or other severely handicapped that is to provide a commodity or 
service to the Federal Government under the Javits-Wagner-O'Day Act, 
the Administrator may provide any of the services specified in 
subsection (a) to such agency to the extent practicable.
    ``(B) A nonprofit agency receiving services under the authority of 
subparagraph (A) shall use the services directly in making or providing 
an approved commodity or approved service to the Federal Government.
    ``(C) In this paragraph:
            ``(i) The term `qualified nonprofit agency for the blind or 
        other severely handicapped' means--
                    ``(I) a qualified nonprofit agency for the blind, 
                as defined in section 5(3) of the Javits-Wagner-O'Day 
                Act (41 U.S.C. 48b(3)); and
                    ``(II) a qualified nonprofit agency for other 
                severely handicapped, as defined in section 5(4) of 
                such Act (41 U.S.C. 48b(4)).
            ``(ii) The terms `approved commodity' and `approved 
        service' mean a commodity and a service, respectively, that has 
        been determined by the Committee for Purchase from the Blind 
        and Other Severely Handicapped under section 2 of the Javits-
        Wagner-O'Day Act (41 U.S.C. 47) to be suitable for procurement 
        by the Federal Government.
            ``(iii) The term `Javits-Wagner-O'Day Act' means the Act 
        entitled `An Act to create a Committee on Purchases of Blind-
        made Products, and for other purposes', approved June 25, 1938 
        (41 U.S.C. 46-48c), commonly referred to as the Wagner-O'Day 
        Act, that was revised and reenacted in the Act of June 23, 1971 
        (85 Stat. 77), commonly referred to as the Javits-Wagner-O'Day 
        Act.''.

                  TITLE XLII--CONTRACT ADMINISTRATION

                      Subtitle A--Contract Payment

                  PART I--ARMED SERVICES ACQUISITIONS

SEC. 42001. CONTRACT FINANCING.

    (a) Reorganization of Principal Authority Provision.--Section 2307 
of title 10, United States Code, is amended--
            (1) by striking out the section heading and inserting in 
        lieu thereof the following:
``Sec. 2307. Contract financing'';
            (2) by striking out ``(a) The head of an agency'' and 
        inserting in lieu thereof ``(b) Payment Authority.--The head of 
        an agency'';
            (3) by striking out ``(b) Payments'' and inserting in lieu 
        thereof ``(d) Payment Amount.--Payments'';
            (4) by striking out ``(c) Advance payments'' and inserting 
        in lieu thereof ``(e) Security for Advance Payments.--Advance 
        payments'';
            (5) by striking out ``(d)(1) The Secretary of Defense'' and 
        inserting in lieu thereof ``(f) Conditions for Progress 
        Payments.--(1) The Secretary of Defense''; and
            (6) by striking out ``(e)(1) In any case'' and inserting in 
        lieu thereof ``(h) Action in Case of Fraud.--(1) In any case''.
    (b) Financing Policy.--Such section, as amended by subsection (a), 
is further amended by inserting after the section heading the following 
new subsection (a):
    ``(a) Policy.--Payments authorized under this section and made for 
financing purposes should be made periodically or, when appropriate, on 
an advance basis and should be so made in a timely manner to facilitate 
contract performance while protecting the security interests of the 
Government. Government financing shall be provided only to the extent 
necessary to ensure prompt and efficient performance and only after the 
availability of private financing is considered. A contractor's use of 
funds received as contract financing and the contractor's financial 
condition shall be monitored. If the contractor is a small business 
concern, special attention shall be given to meeting the contractor's 
financial need.''.
    (c) Performance-Based Payments.--Such section, as amended by 
subsection (a), is further amended by inserting after subsection (b) 
the following new subsection (c):
    ``(c) Performance-Based Payments.--Whenever practicable, payments 
under subsection (b) shall be made on any of the following bases:
            ``(1) Performance measured by objective, quantifiable 
        methods such as receipt of items by the Federal Government, 
        work measurement, or statistical process controls.
            ``(2) Accomplishment of events defined in the program 
        management plan.
            ``(3) Other quantifiable measures of results.''.
    (d) Terminology Correction.--Such section, as amended by subsection 
(a)(2), is further amended in subsection (b)(2) by striking out 
``bid''.
    (e) Effective Date of Lien Related to Advance Payments.--Such 
section, as amended by subsection (a)(4), is further amended in 
subsection (e) by inserting before the period at the end of the third 
sentence the following: ``and is effective immediately upon the first 
advancement of funds without filing, notice, or any other action by the 
United States''.
    (f) Conditions for Progress Payments.--Such section, as amended by 
subsection (a)(5), is further amended in subsection (f)--
            (1) in the first sentence of paragraph (1), by striking out 
        ``work, which'' and all that follows through ``accomplished'' 
        and inserting in lieu thereof ``work accomplished that meets 
        standards established under the contract''; and
            (2) by striking out paragraph (3) and inserting in lieu 
        thereof the following:
    ``(3) This subsection applies to a contract for an amount equal to 
or greater than the simplified acquisition threshold.''.
    (g) Navy Contracts.--Such section, as amended by subsection (a)(5), 
is further amended by inserting after subsection (f) the following new 
subsection (g):
    ``(g) Certain Navy Contracts.--(1) The Secretary of the Navy shall 
provide that the rate for progress payments on any contract awarded by 
the Secretary for repair, maintenance, or overhaul of a naval vessel 
shall be not less than--
            ``(A) 95 percent, in the case of firms considered to be 
        small businesses; and
            ``(B) 90 percent, in the case of all other firms.
    ``(2) The Secretary of the Navy may advance to private salvage 
companies such funds as the Secretary considers necessary to provide 
for the immediate financing of salvage operations. Advances under this 
paragraph shall be made on terms that the Secretary considers adequate 
for the protection of the United States.
    ``(3) The Secretary of the Navy shall ensure that, when partial, 
progress, or other payments are made under a contract for construction 
or conversion of a naval vessel, the United States is secured by a lien 
upon work in progress and on property acquired for performance of the 
contract on account of all payments so made. The lien is paramount to 
all other liens.''.
    (h) Relationship to Prompt Payment Requirements.--Section 2307(f) 
of title 10, United States Code, as amended by subsection (f), is not 
intended to impair or modify procedures required by the provisions of 
chapter 39 of title 31, United States Code, and the regulations issued 
pursuant to such provisions of law, that relate to progress payment 
requests, as such procedures are in effect on the date of the enactment 
of this division.
    (i) Conforming and Clerical Amendments.--
            (1) Cross reference.--Such section, as amended by 
        subsection (a), is further amended in subsections (d) and (e) 
        by striking out ``subsection (a)'' and inserting in lieu 
        thereof ``subsection (b)''.
            (2) Table of contents.--The table of sections at the 
        beginning of chapter 137 of title 10, United States Code, is 
        amended by striking out the item relating to section 2307 and 
        inserting in lieu thereof the following:

``2307. Contract financing.''.
    (j) Repeal of Superseded Provisions.--
            (1) Progress payments under certain navy contracts.--
                    (A) Repeal.--Section 7312 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 7312.
            (2) Advancement of payments for navy salvage operations.--
                    (A) Repeal.--Section 7364 of such title is 
                repealed.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 637 of such title is amended 
                by striking out the item relating to section 7364.
            (3) Partial payments under navy contracts.--
                    (A) Repeal.--Section 7521 of such title is 
                repealed.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 645 of such title is amended 
                by striking out the item relating to section 7521.

SEC. 42002. CONTRACTS: VOUCHERING PROCEDURES.

    (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.

                 PART II--CIVILIAN AGENCY ACQUISITIONS

SEC. 42051. CONTRACT FINANCING.

    (a) Reorganization of Principal Authority Provision.--Section 305 
of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 255) is amended--
            (1) by striking out the section heading and inserting in 
        lieu thereof the following:

                        ``contract financing'';

            (2) by striking out ``(a) Any executive agency'' and 
        inserting in lieu thereof ``(b) Payment Authority.--Any 
        executive agency'';
            (3) by striking out ``(b) Payments'' and inserting in lieu 
        thereof ``(d) Payment Amount.--Payments''; and
            (4) by striking out ``(c) Advance payments'' and inserting 
        in lieu thereof ``(e) Security for Advance Payments.--Advance 
        payments''.
    (b) Financing Policy.--Such section, as amended by subsection (a), 
is further amended by inserting after the section heading the following 
new subsection (a):
    ``(a) Policy.--Payments authorized under this section and made for 
financing purposes should be made periodically or, when appropriate, on 
an advance basis and should be so made in a timely manner to facilitate 
contract performance while protecting the security interests of the 
Government. Government financing shall be provided only to the extent 
necessary to ensure prompt and efficient performance and only after the 
availability of private financing is considered. A contractor's use of 
funds received as contract financing and the contractor's financial 
condition shall be monitored. If the contractor is a small business 
concern, special attention shall be given to meeting the contractor's 
financial need.''.
    (c) Performance-Based Payments.--Such section, as amended by 
subsection (a), is further amended by inserting after subsection (b) 
the following new subsection (c):
    ``(c) Performance-Based Payments.--Whenever practicable, payments 
under subsection (b) shall be made on any of the following bases:
            ``(1) Performance measured by objective, quantifiable 
        methods such as receipt of items by the Federal Government, 
        work measurement, or statistical process controls.
            ``(2) Accomplishment of events defined in the program 
        management plan.
            ``(3) Other quantifiable measures of results.''.
    (d) Terminology Correction.--Such section, as amended by subsection 
(a)(2), is further amended in subsection (b)(2) by striking out 
``bid''.
    (e) Effective Date of Lien Related to Advance Payments.--Such 
section, as amended by subsection (a)(4), is further amended in 
subsection (e) by inserting before the period at the end of the third 
sentence the following: ``and is effective immediately upon the first 
advancement of funds without filing, notice, or any other action by the 
United States''.
    (f) Revision of Civilian Agency Provision To Ensure Uniform 
Requirements for Progress Payments.--
            (1) In general.--Such section, as amended by subsection 
        (a), is further amended by adding at the end the following:
    ``(f) Conditions for Progress Payments.--(1) The agency head shall 
ensure that any payment for work in progress (including materials, 
labor, and other items) under a contract of an executive agency that 
provides for such payments is commensurate with the work accomplished 
that meets standards established under the contract. The contractor 
shall provide such information and evidence as the agency head 
determines necessary to permit the agency head to carry out the 
preceding sentence.
    ``(2) The agency head shall ensure that progress payments referred 
to in paragraph (1) are not made for more than 80 percent of the work 
accomplished under the contract so long as the agency head has not made 
the contractual terms, specifications, and price definite.
    ``(3) This subsection applies to a contract for an amount equal to 
or greater than the simplified acquisition threshold.
    ``(g) Action in Case of Fraud.--(1) In any case in which the remedy 
coordination official of an executive agency finds that there is 
substantial evidence that the request of a contractor for advance, 
partial, or progress payment under a contract awarded by that executive 
agency is based on fraud, the remedy coordination official shall 
recommend that the agency head reduce or suspend further payments to 
such contractor.
    ``(2) An agency head receiving a recommendation under paragraph (1) 
in the case of a contractor's request for payment under a contract 
shall determine whether there is substantial evidence that the request 
is based on fraud. Upon making such a determination, the agency head 
may reduce or suspend further payments to the contractor under such 
contract.
    ``(3) The extent of any reduction or suspension of payments by an 
agency head under paragraph (2) on the basis of fraud shall be 
reasonably commensurate with the anticipated loss to the United States 
resulting from the fraud.
    ``(4) A written justification for each decision of the agency head 
whether to reduce or suspend payments under paragraph (2), and for each 
recommendation received by the agency head in connection with such 
decision, shall be prepared and be retained in the files of the 
executive agency.
    ``(5) Each agency head shall prescribe procedures to ensure that, 
before the agency head decides to reduce or suspend payments in the 
case of a contractor under paragraph (2), the contractor is afforded 
notice of the proposed reduction or suspension and an opportunity to 
submit matters to the head of the agency in response to such proposed 
reduction or suspension.
    ``(6) Not later than 180 days after the date on which an agency 
head reduces or suspends payments to a contractor under paragraph (2), 
the remedy coordination official of the executive agency shall--
            ``(A) review the determination of fraud on which the 
        reduction or suspension is based; and
            ``(B) transmit a recommendation to the agency head whether 
        the suspension or reduction should continue.
    ``(7) Each agency head who receives recommendations made by a 
remedy coordination official of the executive agency to reduce or 
suspend payments under paragraph (2) during a fiscal year shall prepare 
for such year a report that contains the recommendations, the actions 
taken on the recommendations and the reasons for such actions, and an 
assessment of the effects of such actions on the Federal Government. 
Any such report shall be available to any Member of Congress upon 
request.
    ``(8) An agency head may not delegate responsibilities under this 
subsection to any person in a position below level IV of the Executive 
Schedule.
    ``(9) In this subsection, the term `remedy coordination official', 
with respect to an executive agency, means the person or entity in that 
executive agency who coordinates within that executive agency the 
administration of criminal, civil, administrative, and contractual 
remedies resulting from investigations of fraud or corruption related 
to procurement activities.''.
            (2) Relationship to prompt payment requirements.--The 
        amendment made by paragraph (1) is not intended to impair or 
        modify procedures required by the provisions of chapter 39 of 
        title 31, United States Code, and the regulations issued 
        pursuant to such provisions of law, that relate to progress 
        payment requests, as such procedures are in effect on the date 
        of the enactment of this division.
    (g) Conforming and Clerical Amendments.--
            (1) Reference.--Section 305 of the Federal Property and 
        Administrative Services Act of 1949, as amended by subsection 
        (a), is further amended in subsections (d) and (e) by striking 
        out ``subsection (a)'' and inserting in lieu thereof 
        ``subsection (b)''.
            (2) Table of contents.--The table of contents in the first 
        section of such Act is amended by striking out the item 
        relating to section 305 and inserting in lieu thereof the 
        following:

``Sec. 305. Contract financing.''.

                      Subtitle B--Cost Principles

                  PART I--ARMED SERVICES ACQUISITIONS

SEC. 42101. ALLOWABLE CONTRACT COSTS.

    (a) Unallowability of Costs To Influence Local Legislative 
Bodies.--Subsection (e)(1)(B) of section 2324 of title 10, United 
States Code, is amended by striking out ``or a State legislature'' and 
inserting in lieu thereof ``, a State legislature, or a legislative 
body of a political subdivision of a State''.
    (b) Comptroller General Evaluation.--Section 2324 of such title is 
amended by striking out subsection (l).
    (c) Covered Contract Defined.--Subsection (m) of such section is 
amended to read as follows:
    ``(l)(1) In this section, the term `covered contract' means a 
contract for an amount in excess of $500,000 that is entered into by 
the Department of Defense, except that such term does not include a 
fixed-price contract without cost incentives.
    ``(2) Effective on October 1 of each year that is divisible by 5, 
the amount set forth in paragraph (1) shall be adjusted to the amount 
that is equal to the fiscal year 1994 constant dollar value of the 
amount set forth. An amount, as so adjusted, that is not evenly 
divisible by $50,000 shall be rounded to the nearest multiple of 
$50,000. In the case of an amount that is evenly divisible by $25,000 
but is not evenly divisible by $50,000, the amount shall be rounded to 
the next higher multiple of $50,000.''.

SEC. 42102. CONTRACT PROFIT CONTROLS DURING EMERGENCY PERIODS.

    (a) Repeal.--Section 2382 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 141 of such title is amended by striking out the item relating 
to section 2382.

                 PART II--CIVILIAN AGENCY ACQUISITIONS

SEC. 42151. ALLOWABLE CONTRACT COSTS.

    (a) Revision of Civilian Agency Provision To Ensure Uniform 
Treatment of Contract Costs.--Section 306 of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 256) is amended to read 
as follows:

                           ``allowable costs

    ``Sec. 306. (a) Indirect Cost That Violates a FAR Cost Principle.--
The head of an executive agency shall require that a covered contract 
provide that if the contractor submits to the executive agency a 
proposal for settlement of indirect costs incurred by the contractor 
for any period after such costs have been accrued and if that proposal 
includes the submission of a cost which is unallowable because the cost 
violates a cost principle in the Federal Acquisition Regulation or an 
executive agency's supplement to the Federal Acquisition Regulation, 
the cost shall be disallowed.
    ``(b) Penalty for Violation of Cost Principle.--(1) If the agency 
head determines that a cost submitted by a contractor in its proposal 
for settlement is expressly unallowable under a cost principle referred 
to in subsection (a) that defines the allowability of specific selected 
costs, the agency head shall assess a penalty against the contractor in 
an amount equal to--
            ``(A) the amount of the disallowed cost allocated to 
        covered contracts for which a proposal for settlement of 
        indirect costs has been submitted; plus
            ``(B) interest (to be computed based on regulations issued 
        by the agency head) to compensate the United States for the use 
        of any funds which a contractor has been paid in excess of the 
        amount to which the contractor was entitled.
    ``(2) If the agency head determines that a proposal for settlement 
of indirect costs submitted by a contractor includes a cost determined 
to be unallowable in the case of such contractor before the submission 
of such proposal, the agency head shall assess a penalty against the 
contractor in an amount equal to two times the amount of the disallowed 
cost allocated to covered contracts for which a proposal for settlement 
of indirect costs has been submitted.
    ``(c) Waiver of Penalty.--In accordance with the Federal 
Acquisition Regulation, the agency head may waive a penalty under 
subsection (b) in the case of a contractor's proposal for settlement of 
indirect costs when--
            ``(1) the contractor withdraws the proposal before the 
        formal initiation of an audit of the proposal by the Federal 
        Government and resubmits a revised proposal;
            ``(2) the amount of unallowable costs subject to the 
        penalty is insignificant; or
            ``(3) the contractor demonstrates, to the contracting 
        officer's satisfaction, that--
                    ``(A) it has established appropriate policies and 
                personnel training and an internal control and review 
                system that provide assurances that unallowable costs 
                subject to penalties are precluded from being included 
                in the contractor's proposal for settlement of indirect 
                costs; and
                    ``(B) the unallowable costs subject to the penalty 
                were inadvertently incorporated into the proposal.
    ``(d) Applicability of Contract Disputes Procedure to Disallowance 
of Cost and Assessment of Penalty.--An action of an agency head under 
subsection (a) or (b)--
            ``(1) shall be considered a final decision for the purposes 
        of section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 
        605); and
            ``(2) is appealable in the manner provided in section 7 of 
        such Act.
    ``(e) Specific Costs Not Allowable.--(1) The following costs are 
not allowable under a covered contract:
            ``(A) Costs of entertainment, including amusement, 
        diversion, and social activities, and any costs directly 
        associated with such costs (such as tickets to shows or sports 
        events, meals, lodging, rentals, transportation, and 
        gratuities).
            ``(B) Costs incurred to influence (directly or indirectly) 
        legislative action on any matter pending before Congress, a 
        State legislature, or a legislative body of a political 
        subdivision of a State.
            ``(C) Costs incurred in defense of any civil or criminal 
        fraud proceeding or similar proceeding (including filing of any 
        false certification) brought by the United States where the 
        contractor is found liable or had pleaded nolo contendere to a 
        charge of fraud or similar proceeding (including filing of a 
        false certification).
            ``(D) Payments of fines and penalties resulting from 
        violations of, or failure to comply with, Federal, State, 
        local, or foreign laws and regulations, except when incurred as 
        a result of compliance with specific terms and conditions of 
        the contract or specific written instructions from the 
        contracting officer authorizing in advance such payments in 
        accordance with the Federal Acquisition Regulation.
            ``(E) Costs of membership in any social, dining, or country 
        club or organization.
            ``(F) Costs of alcoholic beverages.
            ``(G) Contributions or donations, regardless of the 
        recipient.
            ``(H) Costs of advertising designed to promote the 
        contractor or its products.
            ``(I) Costs of promotional items and memorabilia, including 
        models, gifts, and souvenirs.
            ``(J) Costs for travel by commercial aircraft which exceed 
        the amount of the standard commercial fare.
            ``(K) Costs incurred in making any payment (commonly known 
        as a `golden parachute payment') which is--
                    ``(i) in an amount in excess of the normal 
                severance pay paid by the contractor to an employee 
                upon termination of employment; and
                    ``(ii) is paid to the employee contingent upon, and 
                following, a change in management control over, or 
                ownership of, the contractor or a substantial portion 
                of the contractor's assets.
            ``(L) Costs of commercial insurance that protects against 
        the costs of the contractor for correction of the contractor's 
        own defects in materials or workmanship.
            ``(M) Costs of severance pay paid by the contractor to 
        foreign nationals employed by the contractor under a service 
        contract performed outside the United States, to the extent 
        that the amount of severance pay paid in any case exceeds the 
        amount paid in the industry involved under the customary or 
        prevailing practice for firms in that industry providing 
        similar services in the United States, as determined in 
        accordance with the Federal Acquisition Regulation.
            ``(N) Costs of severance pay paid by the contractor to a 
        foreign national employed by the contractor under a service 
        contract performed in a foreign country if the termination of 
        the employment of the foreign national is the result of the 
        closing of, or the curtailment of activities at, a United 
        States facility in that country at the request of the 
        government of that country.
            ``(O) Costs incurred by a contractor in connection with any 
        criminal, civil, or administrative proceeding commenced by the 
        United States or a State, to the extent provided in subsection 
        (k).
    ``(2)(A) Subject to the availability of appropriations, the head of 
an executive agency, in awarding a covered contract, may waive in 
accordance with the Federal Acquisition Regulation the application of 
the provisions of paragraphs (1)(M) and (1)(N) to that contract if the 
agency head determines that--
            ``(i) the application of such provisions to the contract 
        would adversely affect the continuation of a program, project, 
        or activity that provides significant support services for 
        employees of the executive agency posted outside the United 
        States;
            ``(ii) the contractor has taken (or has established plans 
        to take) appropriate actions within the contractor's control to 
        minimize the amount and number of incidents of the payment of 
        severance pay by the contractor to employees under the contract 
        who are foreign nationals; and
            ``(iii) the payment of severance pay is necessary in order 
        to comply with a law that is generally applicable to a 
        significant number of businesses in the country in which the 
        foreign national receiving the payment performed services under 
        the contract or is necessary to comply with a collective 
        bargaining agreement.
    ``(B) The head of the executive agency concerned shall include in 
the solicitation for a covered contract a statement indicating--
            ``(i) that a waiver has been granted under subparagraph (A) 
        for the contract; or
            ``(ii) whether the agency head will consider granting such 
        a waiver, and, if the agency head will consider granting a 
        waiver, the criteria to be used in granting the waiver.
    ``(C) The agency head shall make the final determination regarding 
whether to grant a waiver under subparagraph (A) with respect to a 
covered contract before award of the contract.
    ``(3) The head of each executive agency shall implement this 
section with respect to contracts of that executive agency in 
accordance with the Federal Acquisition Regulation. The provisions of 
the Federal Acquisition applicable to the implementation of this 
section may include definitions, exclusions, limitations, and 
qualifications.
    ``(f) Required Regulations.--(1) The Federal Acquisition Regulation 
referred to in section 25(c)(1) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 421(c)(1)) shall contain provisions on the 
allowability of contractor costs. Such provisions shall define in 
detail and in specific terms those costs which are unallowable, in 
whole or in part, under covered contracts. The regulations shall, at a 
minimum, clarify the cost principles applicable to contractor costs of 
the following:
            ``(A) Air shows.
            ``(B) Membership in civic, community, and professional 
        organizations.
            ``(C) Recruitment.
            ``(D) Employee morale and welfare.
            ``(E) Actions to influence (directly or indirectly) 
        executive branch action on regulatory and contract matters 
        (other than costs incurred in regard to contract proposals 
        pursuant to solicited or unsolicited bids).
            ``(F) Community relations.
            ``(G) Dining facilities.
            ``(H) Professional and consulting services, including legal 
        services.
            ``(I) Compensation.
            ``(J) Selling and marketing.
            ``(K) Travel.
            ``(L) Public relations.
            ``(M) Hotel and meal expenses.
            ``(N) Expense of corporate aircraft.
            ``(O) Company-furnished automobiles.
            ``(P) Advertising.
    ``(2) The Federal Acquisition Regulation shall require that a 
contracting officer not resolve any questioned costs until the 
contracting officer has obtained--
            ``(A) adequate documentation with respect to such costs; 
        and
            ``(B) the opinion of the executive agency's contract 
        auditor on the allowability of such costs.
    ``(3) The Federal Acquisition Regulation shall provide that, to the 
maximum extent practicable, an executive agency's contract auditor be 
present at any negotiation or meeting with the contractor regarding a 
determination of the allowability of indirect costs of the contractor.
    ``(4) The Federal Acquisition Regulation shall require that all 
categories of costs designated in the report of an executive agency's 
contract auditor as questioned with respect to a proposal for 
settlement be resolved in such a manner that the amount of the 
individual questioned costs that are paid will be reflected in the 
settlement.
    ``(g) Applicability of Required Regulations to Subcontractors.--The 
regulations prescribed to carry out subsections (e) and (f)(1) shall 
require, to the maximum extent practicable, that such regulations apply 
to all subcontractors of a covered contract.
    ``(h) Contractor Certification Required.--(1) A proposal for 
settlement of indirect costs applicable to a covered contract shall 
include a certification by an official of the contractor that, to the 
best of the certifying official's knowledge and belief, all indirect 
costs included in the proposal are allowable. Any such certification 
shall be in a form prescribed by the agency head concerned.
    ``(2) The agency head concerned may, in an exceptional case, waive 
the requirement for certification under paragraph (1) in the case of 
any contract if the agency head--
            ``(A) determines in such case that it would be in the 
        interest of the United States to waive such certification; and
            ``(B) states in writing the reasons for that determination 
        and makes such determination available to the public.
    ``(i) Penalties for Submission of Cost Known as Not Allowable.--The 
submission to an executive agency of a proposal for settlement of costs 
for any period after such costs have been accrued that includes a cost 
that is expressly specified by statute or regulation as being 
unallowable, with the knowledge that such cost is unallowable, shall be 
subject to the provisions of section 287 of title 18, United States 
Code, and section 3729 of title 31, United States Code.
    ``(j) Contractor To Have Burden of Proof.--In a proceeding before a 
board of contract appeals, the United States Court of Federal Claims, 
or any other Federal court in which the reasonableness of indirect 
costs for which a contractor seeks reimbursement from the United States 
is in issue, the burden of proof shall be upon the contractor to 
establish that those costs are reasonable.
    ``(k) Proceeding Costs Not Allowable.--(1) Except as otherwise 
provided in this subsection, costs incurred by a contractor in 
connection with any criminal, civil, or administrative proceeding 
commenced by the United States or a State are not allowable as 
reimbursable costs under a covered contract if the proceeding (A) 
relates to a violation of, or failure to comply with, a Federal or 
State statute or regulation, and (B) results in a disposition described 
in paragraph (2).
    ``(2) A disposition referred to in paragraph (1)(B) is any of the 
following:
            ``(A) In the case of a criminal proceeding, a conviction 
        (including a conviction pursuant to a plea of nolo contendere) 
        by reason of the violation or failure referred to in paragraph 
        (1).
            ``(B) In the case of a civil or administrative proceeding 
        involving an allegation of fraud or similar misconduct, a 
        determination of contractor liability on the basis of the 
        violation or failure referred to in paragraph (1).
            ``(C) In the case of any civil or administrative 
        proceeding, the imposition of a monetary penalty by reason of 
        the violation or failure referred to in paragraph (1).
            ``(D) A final decision--
                    ``(i) to debar or suspend the contractor,
                    ``(ii) to rescind or void the contract, or
                    ``(iii) to terminate the contract for default,
        by reason of the violation or failure referred to in paragraph 
        (1).
            ``(E) A disposition of the proceeding by consent or 
        compromise if such action could have resulted in a disposition 
        described in subparagraph (A), (B), (C), or (D).
    ``(3) In the case of a proceeding referred to in paragraph (1) that 
is commenced by the United States and is resolved by consent or 
compromise pursuant to an agreement entered into by a contractor and 
the United States, the costs incurred by the contractor in connection 
with such proceeding that are otherwise not allowable as reimbursable 
costs under such paragraph may be allowed to the extent specifically 
provided in such agreement.
    ``(4) In the case of a proceeding referred to in paragraph (1) that 
is commenced by a State, the agency head that awarded the covered 
contract involved in the proceeding may allow the costs incurred by the 
contractor in connection with such proceeding as reimbursable costs if 
the agency head determines, under regulations prescribed by such agency 
head, that the costs were incurred as a result of (A) a specific term 
or condition of the contract, or (B) specific written instructions of 
the agency.
    ``(5)(A) Except as provided in subparagraph (C), costs incurred by 
a contractor in connection with a criminal, civil, or administrative 
proceeding commenced by the United States or a State in connection with 
a covered contract may be allowed as reimbursable costs under the 
contract if such costs are not disallowable under paragraph (1), but 
only to the extent provided in subparagraph (B).
    ``(B)(i) The amount of the costs allowable under subparagraph (A) 
in any case may not exceed the amount equal to 80 percent of the amount 
of the costs incurred, to the extent that such costs are determined to 
be otherwise allowable and allocable under the Federal Acquisition 
Regulations.
    ``(ii) Regulations issued for the purpose of clause (i) shall 
provide for appropriate consideration of the complexity of procurement 
litigation, generally accepted principles governing the award of legal 
fees in civil actions involving the United States as a party, and such 
other factors as may be appropriate.
    ``(C) In the case of a proceeding referred to in subparagraph (A), 
contractor costs otherwise allowable as reimbursable costs under this 
paragraph are not allowable if (i) such proceeding involves the same 
contractor misconduct alleged as the basis of another criminal, civil, 
or administrative proceeding, and (ii) the costs of such other 
proceeding are not allowable under paragraph (1).
    ``(6) In this subsection:
            ``(A) The term `proceeding' includes an investigation.
            ``(B) The term `costs', with respect to a proceeding--
                    ``(i) means all costs incurred by a contractor, 
                whether before or after the commencement of any such 
                proceeding; and
                    ``(ii) includes--
                            ``(I) administrative and clerical expenses;
                            ``(II) the cost of legal services, 
                        including legal services performed by an 
                        employee of the contractor;
                            ``(III) the cost of the services of 
                        accountants and consultants retained by the 
                        contractor; and
                            ``(IV) the pay of directors, officers, and 
                        employees of the contractor for time devoted by 
                        such directors, officers, and employees to such 
                        proceeding.
            ``(C) The term `penalty' does not include restitution, 
        reimbursement, or compensatory damages.
    ``(l) Covered Contract Defined.--(1) In this section, the term 
`covered contract' means a contract for an amount in excess of $500,000 
that is entered into by an executive agency, except that such term does 
not include a fixed-price contract without cost incentives.
    ``(2) Effective on October 1 of each year that is divisible by 5, 
the amount set forth in paragraph (1) shall be adjusted to the amount 
that is equal to the fiscal year 1994 constant dollar value of the 
amount set forth. An amount, as so adjusted, that is not evenly 
divisible by $50,000 shall be rounded to the nearest multiple of 
$50,000. In the case of an amount that is evenly divisible by $25,000 
but is not evenly divisible by $50,000, the amount shall be rounded to 
the next higher multiple of $50,000.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by striking out the item relating to section 306 
and inserting in lieu thereof the following:

``Sec. 306. Allowable costs.''.

                    PART III--ACQUISITIONS GENERALLY

SEC. 42191. TRAVEL EXPENSES OF GOVERNMENT CONTRACTORS.

    Section 24 of the Office of Federal Procurement Policy Act (41 
U.S.C. 420) is repealed.

SEC. 42192. UNALLOWABILITY OF ENTERTAINMENT COSTS UNDER COVERED 
              CONTRACTS.

    Not later than 90 days after the date of the enactment of this 
division, the Federal Acquisition Regulatory Council shall amend the 
cost principle in the Federal Acquisition Regulation that is set out in 
section 31.205-14 of title 48, Code of Federal Regulations, relating to 
unallowability of entertainment costs--
            (1) by inserting in the cost principle a statement that 
        costs made specifically unallowable under that cost principle 
        are not allowable under any other cost principle; and
            (2) by striking out ``(but see 31.205-1 and 31.205-13)''.

                Subtitle C--Audit and Access to Records

                  PART I--ARMED SERVICES ACQUISITIONS

SEC. 42201. CONSOLIDATION AND REVISION OF AUTHORITY TO EXAMINE RECORDS 
              OF CONTRACTORS.

    (a) Authority.--
            (1) In general.--Section 2313 of title 10, United States 
        Code, is amended to read as follows:
``Sec. 2313. Examination of records of contractor
    ``(a) Agency Authority.--The head of an agency, acting through an 
authorized representative--
            ``(1) is entitled to inspect the plant and audit the 
        records of--
                    ``(A) a contractor performing a cost-reimbursement, 
                incentive, time-and-materials, labor-hour, or price-
                redeterminable contract, or any combination of such 
                contracts, made by that agency under this chapter; and
                    ``(B) a subcontractor performing any cost-
                reimbursement, incentive, time-and-materials, labor-
                hour, or price-redeterminable subcontract under a 
                contract referred to in subparagraph (A) or under any 
                combination of such contracts; and
            ``(2) shall, for the purpose of evaluating the accuracy, 
        completeness, and currency of cost or pricing data required to 
        be submitted pursuant to section 2306a of this title with 
        respect to a contract or subcontract, have the right to examine 
        all records of the contractor or subcontractor related to--
                    ``(A) the proposal for the contract or subcontract;
                    ``(B) the discussions conducted on the proposal;
                    ``(C) pricing of the contract or subcontract; or
                    ``(D) performance of the contract or subcontract.
    ``(b) Limitation on Preaward Audits Relating to Indirect Costs.--
The head of an agency may not perform a preaward audit to evaluate 
proposed indirect costs under any contract, subcontract, or 
modification to be entered into in accordance with this chapter in any 
case in which the contracting officer determines that the objectives of 
the audit can reasonably be met by accepting the results of an audit 
conducted by any other department or agency of the Federal Government 
within one year preceding the date of the contracting officer's 
determination.
    ``(c) Subpoena Power.--(1) The Director of the Defense Contract 
Audit Agency (or any successor agency) may require by subpoena the 
production of records of a contractor, access to which is provided to 
the Secretary of Defense or Secretary of a military department by 
subsection (a).
    ``(2) Any such subpoena, in the case of contumacy or refusal to 
obey, shall be enforceable by order of an appropriate United States 
district court.
    ``(3) The authority provided by paragraph (1) may not be 
redelegated.
    ``(4) The Director (or any successor official) shall submit an 
annual report to the Secretary of Defense on the exercise of such 
authority during the preceding year and the reasons why such authority 
was exercised in any instance. The Secretary shall forward a copy of 
each such report to the Committees on Armed Services of the Senate and 
House of Representatives.
    ``(d) Comptroller General Authority.--(1) Except as provided in 
paragraph (2), each contract awarded after using procedures other than 
sealed bid procedures shall provide that the Comptroller General and 
his representatives are entitled to examine any records of the 
contractor, or any of its subcontractors, that directly pertain to, and 
involve transactions relating to, the contract or subcontract.
    ``(2) Paragraph (1) does not apply to a contract or subcontract 
with a foreign contractor or foreign subcontractor if the head of the 
agency concerned determines, with the concurrence of the Comptroller 
General or his designee, that the application of that paragraph to the 
contract or subcontract would not be in the public interest. However, 
the concurrence of the Comptroller General or his designee is not 
required--
            ``(A) where the contractor or subcontractor is a foreign 
        government or agency thereof or is precluded by the laws of the 
        country involved from making its records available for 
        examination; and
            ``(B) where the head of the agency determines, after taking 
        into account the price and availability of the property and 
        services from United States sources, that the public interest 
        would be best served by not applying paragraph (1).
    ``(3) Paragraph (1) may not be construed to require a contractor or 
subcontractor to create or maintain any record that the contractor or 
subcontractor does not maintain in the ordinary course of business or 
pursuant to another provision of law.
    ``(e) Limitation.--The right of the head of an agency under 
subsection (a), and the right of the Comptroller General under 
subsection (d), with respect to a contract or subcontract shall expire 
three years after final payment under such contract or subcontract.
    ``(f) Inapplicability to Certain Contracts.--This section is 
inapplicable with respect to the following contracts:
            ``(1) Contracts for utility services at rates not exceeding 
        those established to apply uniformly to the public, plus any 
        applicable reasonable connection charge.
    ``(g) Records Defined.--In this section, the term `records' 
includes books, documents, accounting procedures and practices, and 
other data, regardless of type and regardless of whether such items are 
in written form, in the form of computer data, or in any other form.''.
            (2) Clerical amendment.--The item relating to such section 
        in the table of sections at the beginning of chapter 137 of 
        title 10, United States Code, is amended to read as follows:

``2313. Examination of records of contractor.''.
    (b) Repeal of Superseded Provision.--
            (1) Repeal.--Section 2406 of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 141 of such title is amended by striking 
        out the item relating to section 2406.

                 PART II--CIVILIAN AGENCY ACQUISITIONS

SEC. 42251. AUTHORITY TO EXAMINE RECORDS OF CONTRACTORS.

    (a) Authority.--
            (1) In general.--Title III of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), as 
        amended by section 41151(a), is further amended by inserting 
        after section 304A the following new section:

                 ``examination of records of contractor

    ``Sec. 304B. (a) Agency Authority.--The head of an executive 
agency, acting through an authorized representative--
            ``(1) is entitled to inspect the plant and audit the 
        records of--
                    ``(A) a contractor performing a cost-reimbursement, 
                incentive, time-and-materials, labor-hour, or price-
                redeterminable contract, or any combination of such 
                contracts, made by that executive agency under this 
                title; and
                    ``(B) a subcontractor performing any cost-
                reimbursement, incentive, time-and-materials, labor-
                hour, or price-redeterminable subcontract under a 
                contract referred to in subparagraph (A) or under any 
                combination of such contracts; and
            ``(2) shall, for the purpose of evaluating the accuracy, 
        completeness, and currency of cost or pricing data required to 
        be submitted pursuant to section 304A with respect to a 
        contract or subcontract, have the right to examine all records 
        of the contractor or subcontractor related to--
                    ``(A) the proposal for the contract or subcontract;
                    ``(B) the discussions conducted on the proposal;
                    ``(C) pricing of the contract or subcontract; or
                    ``(D) performance of the contract or subcontract.
    ``(b) Limitation on Preaward Audits Relating to Indirect Costs.--
The agency head may not perform a preaward audit to evaluate proposed 
indirect costs under any contract, subcontract, or modification to be 
entered into in accordance with this title in any case in which the 
contracting officer determines that the objectives of the audit can 
reasonably be met by accepting the results of an audit conducted by any 
other department or agency of the Federal Government within one year 
preceding the date of the contracting officer's determination.
    ``(c) Subpoena Power.--(1) The agency head may require by subpoena 
the production of records of a contractor, access to which is provided 
by subsection (a).
    ``(2) Any such subpoena, in the case of contumacy or refusal to 
obey, shall be enforceable by order of an appropriate United States 
district court.
    ``(3) The authority provided by paragraph (1) may not be delegated.
    ``(4) In the year following a year in which the head of an 
executive agency exercises the authority provided in paragraph (1), the 
agency head shall submit to the Committee on Governmental Affairs of 
the Senate and the Committee on Government Operations of the House of 
Representatives a report on the exercise of such authority during such 
preceding year and the reasons why such authority was exercised in any 
instance.
    ``(d) Comptroller General Authority.--(1) Except as provided in 
paragraph (2), each contract awarded after using procedures other than 
sealed bid procedures shall provide that the Comptroller General and 
his representatives are entitled to examine any records of the 
contractor, or any of its subcontractors, that directly pertain to, and 
involve transactions relating to, the contract or subcontract.
    ``(2) Paragraph (1) does not apply to a contract or subcontract 
with a foreign contractor or foreign subcontractor if the agency head 
concerned determines, with the concurrence of the Comptroller General 
or his designee, that the application of that paragraph to the contract 
or subcontract would not be in the public interest. However, the 
concurrence of the Comptroller General or his designee is not 
required--
            ``(A) where the contractor or subcontractor is a foreign 
        government or agency thereof or is precluded by the laws of the 
        country involved from making its records available for 
        examination; and
            ``(B) where the agency head determines, after taking into 
        account the price and availability of the property and services 
        from United States sources, that the public interest would be 
        best served by not applying paragraph (1).
    ``(3) Paragraph (1) may not be construed to require a contractor or 
subcontractor to create or maintain any record that the contractor or 
subcontractor does not maintain in the ordinary course of business or 
pursuant to another provision of law.
    ``(e) Limitation.--The right of an agency head under subsection 
(a), and the right of the Comptroller General under subsection (d), 
with respect to a contract or subcontract shall expire three years 
after final payment under such contract or subcontract.
    ``(f) Inapplicability to Certain Contracts.--This section is 
inapplicable with respect to the following contracts:
            ``(1) Contracts.--For utility services at rates not 
        exceeding those established to apply uniformly to the public, 
        plus any applicable reasonable connection charge.
    ``(g) Records Defined.--In this section, the term `records' 
includes books, documents, accounting procedures and practices, and 
other data, regardless of type and regardless of whether such items are 
in written form, in the form of computer data, or in any other form.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of such Act, as amended by section 41151(b), is further 
        amended by inserting after the item relating to section 304A 
        the following:

``Sec. 304B. Examination of records of contractor.''.
    (b) Repeal of Superseded Provision.--Section 304 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 254) is 
amended by striking out subsection (c).

                 Subtitle D--Cost Accounting Standards

SEC. 42301. EXCEPTIONS TO COVERAGE.

    Section 26(f)(2) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 422(f)(2)) is amended--
            (1) by inserting ``(A)'' after ``(2)'';
            (2) by striking out ``, other than contracts or 
        subcontracts'' and all that follows and inserting in lieu 
        thereof a period; and
            (3) by inserting at the end the following:
    ``(B) Subparagraph (A) does not apply to the following contracts or 
subcontracts:
            ``(i) Contracts or subcontracts where the price negotiated 
        is based on established catalog or market prices of commercial 
        items sold in substantial quantities to the general public.
            ``(ii) Contracts or subcontracts where the price negotiated 
        is based on prices set by law or regulation.
            ``(iii) Any other firm fixed-price contract or subcontract 
        for commercial items which is excepted from the requirement to 
        provide cost or pricing data pursuant to subsection (b) or (d) 
        of section 2306a of title 10, United States Code, or subsection 
        (b) or (d) of section 304A of the Federal Property and 
        Administrative Services Act of 1949.
    ``(C) In this paragraph, the term `subcontract' includes a transfer 
of commercial items between divisions, subsidiaries, or affiliates of a 
contractor.''.

SEC. 42302. REPEAL OF OBSOLETE DEADLINE REGARDING PROCEDURAL 
              REGULATIONS FOR THE COST ACCOUNTING STANDARDS BOARD.

    Section 26(f)(3) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 422(f)(3)) is amended in the first sentence by striking out 
``Not later than 180 days after the date of the enactment of this 
section, the Administrator'' and inserting in lieu thereof ``The 
Administrator''.

 Subtitle E--Administration of Contract Provisions Relating to Price, 
                     Delivery, and Product Quality

                  PART I--ARMED SERVICES ACQUISITIONS

SEC. 42401. PROCUREMENT OF CRITICAL AIRCRAFT AND SHIP SPARE PARTS; 
              QUALITY CONTROL.

    (a) Repeal.--Section 2383 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 141 of such title is amended by striking out the item relating 
to section 2383.

SEC. 42402. CONTRACTOR GUARANTEES REGARDING WEAPON SYSTEMS.

    Section 2403(h) of title 10, United States Code, 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--ACQUISITIONS GENERALLY

SEC. 42451. SECTION 3737 OF THE REVISED STATUTES: EXPANSION OF 
              AUTHORITY TO PROHIBIT SETOFFS AGAINST ASSIGNEES; 
              REORGANIZATION OF SECTION; REVISION OF OBSOLETE 
              PROVISIONS.

    Section 3737 of the Revised Statutes (41 U.S.C. 15) is amended to 
read as follows:
    ``Sec. 3737. (a) No contract or order, or any interest therein, 
shall be transferred by the party to whom such contract or order is 
given to any other party, and any such transfer shall cause the 
annulment of the contract or order transferred, so far as the United 
States is concerned. All rights of action, however, for any breach of 
such contract by the contracting parties, are reserved to the United 
States.
    ``(b) The provisions of subsection (a) shall not apply in any case 
in which the moneys due or to become due from the United States or from 
any agency or department thereof, under a contract providing for 
payments aggregating $1,000 or more, are assigned to a bank, trust 
company, or other financing institution, including any Federal lending 
agency, provided:
            ``(1) That, in the case of any contract entered into after 
        October 9, 1940, no claim shall be assigned if it arises under 
        a contract which forbids such assignment.
            ``(2) That, unless otherwise expressly permitted by such 
        contract, any such assignment shall cover all amounts payable 
        under such contract and not already paid, shall not be made to 
        more than one party, and shall not be subject to further 
        assignment, except that any such assignment may be made to one 
        party as agent or trustee for two or more parties participating 
        in such financing.
            ``(3) That, in the event of any such assignment, the 
        assignee thereof shall file written notice of the assignment 
        together with a true copy of the instrument of the assignment 
        with--
                    ``(A) the contracting officer or the head of his 
                department or agency;
                    ``(B) the surety or sureties upon the bond or 
                bonds, if any, in connection with such contract; and
                    ``(C) the disbursing officer, if any, designated in 
                such contract to make payment.
    ``(c) Notwithstanding any law to the contrary governing the 
validity of assignments, any assignment pursuant to this section shall 
constitute a valid assignment for all purposes.
    ``(d) In any case in which moneys due or to become due under any 
contract are or have been assigned pursuant to this section, no 
liability of any nature of the assignor to the United States or any 
department or agency thereof, whether arising from or independently of 
such contract, shall create or impose any liability on the part of the 
assignee to make restitution, refund, or repayment to the United States 
of any amount heretofore since July 1, 1950, or hereafter received 
under the assignment.
    ``(e) Any contract of the Department of Defense, the General 
Services Administration, the Department of Energy, or any other 
department or agency of the United States designated by the President, 
except any such contract under which full payment has been made, may, 
upon a determination of need by the President, provide or be amended 
without consideration to provide that payments to be made to the 
assignee of any moneys due or to become due under such contract shall 
not be subject to reduction or setoff. Each such determination of need 
shall be published in the Federal Register.
    ``(f) If a provision described in subsection (e) or a provision to 
the same general effect has been at any time heretofore or is hereafter 
included or inserted in any such contract, payments to be made 
thereafter to an assignee of any moneys due or to become due under such 
contract shall not be subject to reduction or setoff for any liability 
of any nature of the assignor to the United States or any department or 
agency thereof which arises independently of such contract, or 
hereafter for any liability of the assignor on account of--
            ``(1) renegotiation under any renegotiation statute or 
        under any statutory renegotiation article in the contract;
            ``(2) fines;
            ``(3) penalties (which term does not include amounts which 
        may be collected or withheld from the assignor in accordance 
        with or for failure to comply with the terms of the contract); 
        or
            ``(4) taxes, social security contributions, or the 
        withholding or non withholding of taxes or social security 
        contributions, whether arising from or independently of such 
        contract.
    ``(g) Except as herein otherwise provided, nothing in this section 
shall be deemed to affect or impair rights of obligations heretofore 
accrued.''.

SEC. 42452. REPEAL OF REQUIREMENT FOR DEPOSIT OF CONTRACTS WITH GAO.

    Section 3743 of the Revised Statutes (41 U.S.C. 20) is repealed.

                    Subtitle F--Claims and Disputes

                  PART I--ARMED SERVICES ACQUISITIONS

SEC. 42501. CERTIFICATION OF CONTRACT CLAIMS.

    (a) DoD Certification Requirement in Conflict With Governmentwide 
Requirement.--
            (1) Inapplicability of requirement to contract claims.--
        Section 2410 of title 10, United States Code, is amended to 
        read as follows:
``Sec. 2410. Requests for equitable adjustment or other relief: 
              certification
    ``(a) Certification Requirement.--A request for equitable 
adjustment to contract terms or request for relief under Public Law 85-
804 (50 U.S.C. 1431 et seq.) that exceeds the simplified acquisition 
threshold may not be paid unless a person authorized to certify the 
request on behalf of the contractor certifies, at the time the request 
is submitted, that--
            ``(1) the request is made in good faith, and
            ``(2) the supporting data are accurate and complete to the 
        best of that person's knowledge and belief.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 141 of such title is amended by striking 
        out the item relating to section 2410 and inserting in lieu 
        thereof the following:

``2410. Requests for equitable adjustment or other relief: 
                            certification.''.
    (b) Restriction on Legislative Payment of Claims.--Section 2410 of 
title 10, United States Code, as amended by subsection (a), is further 
amended by adding at the end the following new subsection:
    ``(b) Restriction on Legislative Payment of Claims.--In the case of 
a contract of an agency named in section 2303(a) of this title, no 
provision of a law enacted after September 30, 1994, that directs the 
payment of a particular claim under such contract, a particular request 
for equitable adjustment to any term of such contract, or a particular 
request for relief under Public Law 85-804 (50 U.S.C. 1431 et seq.) 
regarding such contract may be implemented unless such provision of 
law--
            ``(1) specifically refers to this subsection; and
            ``(2) specifically states that this subsection does not 
        apply with respect to the payment directed by that provision of 
        law.''.
    (c) Definition.--Section 2410, as amended by subsections (a) and 
(b), is further amended by adding at the end the following:
    ``(c) Definition.--In this section, the term `simplified 
acquisition threshold' has the meaning given that term in section 
2302(4) of this title.''.
    (d) Repeal of Related Provisions.--
            (1) Certification regulations for contract claims exceeding 
        $100,000.--
                    (A) Repeal.--Section 2410e of title 10, United 
                States Code, is repealed.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 141 of such title is amended 
                by striking out the item relating to section 2410e.
            (2) Conforming repeal.--Section 813(b) of the National 
        Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
        484, 106 Stat. 2453), is repealed.

SEC. 42502. SHIPBUILDING CLAIMS.

    (a) Limitation on Period for Submission.--
            (1) Increased period.--Subsection (a) of section 2405 of 
        title 10, United States Code, is amended--
                    (A) by striking out ``after December 7, 1983,'' and 
                inserting in lieu thereof ``on or after the date of the 
                enactment of the Federal Acquisition Streamlining Act 
                of 1994''; and
                    (B) by striking out ``18 months'' and inserting in 
                lieu thereof ``6 years''.
            (2) Savings provision.--Notwithstanding the 6-year period 
        provided in subsection (a) of section 2405 of title 10, United 
        States Code, as amended by paragraph (1), the period applicable 
        under such subsection in the case of a shipbuilding contract 
        entered into after December 7, 1983, and before the date of the 
        enactment of the Federal Acquisition Streamlining Act of 1994 
        shall continue to be 18 months.
    (b) Resubmission With Corrected Certification.--Subsection (c) of 
such section is repealed.

                    PART II--ACQUISITIONS GENERALLY

SEC. 42551. CLAIMS JURISDICTION OF UNITED STATES DISTRICT COURTS AND 
              THE UNITED STATES COURT OF FEDERAL CLAIMS.

    (a) Concurrent Jurisdiction of United States District Courts Under 
the Little Tucker Act.--Subsection (a) of section 1346 of title 28, 
United States Code, is amended to read as follows:
    ``(a)(1) The district courts shall have original jurisdiction, 
concurrent with the United States Court of Federal Claims, of any civil 
action against the United States for the recovery of any internal-
revenue tax alleged to have been erroneously or illegally assessed or 
collected, or any penalty claimed to have been collected without 
authority or any sum alleged to have been excessive or in any manner 
wrongfully collected under the internal-revenue laws.
    ``(2)(A) Except as provided in subparagraph (B), the district 
courts shall have original jurisdiction, concurrent with the United 
States Court of Federal Claims, of any other civil action or claim 
against the United States, not exceeding $10,000 in amount, founded 
either upon the Constitution, or any Act of Congress, or any regulation 
of an executive department, or upon any express or implied contract 
with the United States, or for liquidated or unliquidated damages in 
cases not sounding in tort.
    ``(B) The district courts shall not have jurisdiction over any 
civil action or claim against the United States or any Federal entity 
which relates in any manner to a contract to which the Contract 
Disputes Act of 1978 (41 U.S.C. 601 et seq.) applies, including a claim 
that seeks to establish the existence or nonexistence of such a 
contract, seeks to establish that such a contract is void, or seeks to 
determine and construe the terms of such a contract. The district 
courts do not have jurisdiction over any civil action or claim 
described in the preceding sentence pursuant to section 1331, 1334, or 
1346(a)(2)(B) of this title, any provision of law giving a Federal 
entity the right to sue or be sued in its own name, or any other 
provision of law.''.
    (b) Jurisdiction of the United States Court of Federal Claims Under 
the Tucker Act.--Section 1491 of title 28, United States Code, as 
amended by section 1422, is further amended by inserting after 
subsection (c) the following:
    ``(d)(1) The United States Court of Federal Claims shall have 
jurisdiction over any civil action or claim against the United States 
which relates in any manner to a contract to which the Contract 
Disputes Act of 1978 (41 U.S.C. 601 et seq,) applies, including a civil 
action or claim that seeks to establish the existence or nonexistence 
of such a contract, seeks to establish that such contract is void, or 
seeks to determine and construe the terms of any such contract.
    ``(2) The jurisdiction of the United States Court of Federal Claims 
is, pursuant to section 1346(a)(2)(B) of this title, exclusive as to 
the district courts of the United States.''.

SEC. 42552. CONTRACT DISPUTES ACT IMPROVEMENTS.

    (a) Period for Filing Claims.--
            (1) Six-year limitation.--Section 6 of the Contract 
        Disputes Act of 1978 (41 U.S.C. 605) is amended in subsection 
        (a) by inserting after the second sentence the following: 
        ``Each claim by a contractor against the government relating to 
        a contract and each claim by the government against a 
        contractor relating to a contract shall be submitted within 6 
        years after the occurrence of the event or events giving rise 
        to the claim. The preceding sentence does not apply to a claim 
        by the government against a contractor that is based on a claim 
        by the contractor involving fraud.''.
            (2) Limitation on applicability to existing contracts.--
        Notwithstanding the third sentence of section 6(a) of the 
        Contract Disputes Act of 1978, as added by paragraph (1), if a 
        contract in existence on the date of the enactment of this 
        division requires that a claim referred to in that sentence be 
        submitted earlier than 6 years after the occurrence of the 
        event or events giving rise to the claim, then the claim shall 
        be submitted within the period required by the contract. The 
        preceding sentence does not apply to a claim by the Federal 
        Government against a contractor that is based on a claim by the 
        contractor involving fraud.
    (b) Increased Threshold for Certification, Decision, and 
Notification Requirements.--Subsection (c) of such section is amended 
by striking out ``$50,000'' each place it appears and inserting in lieu 
thereof ``$100,000''.
    (c) Increased Maximum for Applicability of Accelerated 
Procedures.--Section 8(f) of the Contract Disputes Act of 1978 (41 
U.S.C. 607(f)) is amended by striking out ``$50,000'' in the first 
sentence and inserting in lieu thereof ``$150,000''.
    (d) Increased Maximum for Applicability of Small Claims 
Procedure.--Section 9(a) of the Contract Disputes Act of 1978 (41 
U.S.C. 608(a)) is amended by striking out ``$10,000'' in the first 
sentence and inserting in lieu thereof ``$50,000''.
    (e) Reduced Period for Filing Action in Court of Federal Claims.--
Section 10(a)(3) of such Act (41 U.S.C. 609(a)(3)) is amended by 
striking out ``twelve months'' and inserting in lieu thereof ``90 
days''.

SEC. 42553. EXTENSION OF ALTERNATIVE DISPUTE RESOLUTION AUTHORITY.

    (a) Extension of Authority.--Section 6(e) of the Contracts Disputes 
Act of 1978 (41 U.S.C. 605(e)) is amended by striking out ``October 1, 
1995'' and inserting in lieu thereof ``October 1, 1999''.
    (b) Availability of Procedures to Small Business Government 
Contractors.--Section 6(e) of such Act is amended by inserting after 
the first sentence the following: ``In any case in which the 
contracting officer rejects a contractor's request for alternative 
dispute resolution proceedings, the contracting officer shall provide 
the contractor with a written explanation, citing one or more of the 
conditions in section 572(b) of title V, United States Code, or such 
other specific reasons that alternative dispute resolution procedures 
are inappropriate for the resolution of the dispute. In any case in 
which a contractor rejects a request of an agency for alternative 
dispute resolution proceedings, the contractor shall inform the agency 
in writing of the contractor's specific reasons for rejecting the 
request.''.

SEC. 42554. EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION COMPLAINTS.

    (a) Regulations Required.--The Federal Acquisition Regulation shall 
include provisions that require a contracting officer--
            (1) to make every reasonable effort to respond in writing 
        within 30 days to any written request made to a contracting 
        officer with respect to a matter relating to the administration 
        of a contract that is received from a small business concern; 
        and
            (2) in the event that the contracting officer is unable to 
        reply within the 30-day period, to transmit to the contractor 
        within such period a written notification of a specific date by 
        which the contracting officer expects to respond.
The provisions shall not apply to a request for a contracting officer's 
decision under the Contract Disputes Act of 1978 (41 U.S.C. 601 et 
seq.).
    (b) Rule of Construction.--Nothing in this provision shall be 
considered as creating any rights under the Contract Disputes Act (41 
U.S.C. 601 et seq.).
    (c) Definition.--In this section, the term ``small business 
concern'' means a business concern that meets the requirements of 
section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the 
regulations promulgated pursuant to that section.

SEC. 42555. AUTHORITY FOR DISTRICT COURTS TO OBTAIN ADVISORY OPINIONS 
              FROM BOARDS OF CONTRACT APPEALS IN CERTAIN CASES.

    Section 10 of the Contract Disputes Act of 1978 (41 U.S.C. 609) is 
amended by adding at the end the following new paragraph:
    ``(f)(1) Whenever an action involving an issue described in 
paragraph (2) is pending in a district court of the United States, the 
district court may request a board of contract appeals to provide the 
court with an advisory opinion on the matters of contract 
interpretation at issue.
    ``(2) An issue referred to in paragraph (1) is any issue that could 
be the proper subject of a final decision of a contracting officer 
appealable under this Act.
    ``(3) A district court shall direct any request under paragraph (1) 
to the board of contract appeals having jurisdiction under this Act to 
adjudicate appeals of contract claims under the contract or contracts 
being interpreted by the court.
    ``(4) Within ninety days after receiving a request for an advisory 
opinion under paragraph (1), a board of contract appeals shall provide 
the advisory opinion to the district court making the request.''.

        TITLE XLIII--SERVICE SPECIFIC AND MAJOR SYSTEMS STATUTES

                   Subtitle A--Major Systems Statutes

SEC. 43001. 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 cost of a 
        program--
                    ``(A) be prepared by an office or other entity that 
                is not under the supervision, direction, or control of 
                the military department, Defense Agency, or other 
                component of the Department of Defense that is directly 
                responsible for carrying out the development or 
                acquisition of the program; and
                    ``(B) include all costs of development, 
                procurement, and operations and support, without regard 
                to funding source or management control; and
            ``(2) that the manpower estimate include the total 
        personnel required to train for, operate, maintain, and support 
        the program upon full operational deployment.''.
    (b) Terminology Correction.--Subsection (a) of such section is 
amended by striking out ``full-scale engineering development'' and 
inserting in lieu thereof ``engineering and manufacturing 
development''.

SEC. 43002. ENHANCED PROGRAM STABILITY.

    (a) Baseline Descriptions and Deviation Reporting.--Section 2435 of 
title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking out paragraph (2); and
                    (B) in paragraph (1)--
                            (i) by striking out ``(1)''; and
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as paragraphs (1) and (2), respectively; 
                        and
            (2) by striking out subsection (b) and inserting in lieu 
        thereof the following:
    ``(b) Regulations.--The Secretary of Defense shall prescribe 
regulations governing--
            ``(1) the content of baseline descriptions, which shall 
        include the program cost, the program schedule, and a program 
        performance description;
            ``(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 deviation reports within the 
        Department of Defense; and
            ``(4) procedures for submission and approval of revised 
        baseline descriptions.
    ``(c) Baseline Description Required Before Obligation of Funds.--
(1) Except as provided in paragraph (2), no amount appropriated or 
otherwise made available to the Department of Defense may be obligated 
for a major defense acquisition program before a baseline description 
for the program is approved in accordance with the procedures 
prescribed pursuant to subsection (b)(4).
    ``(2) An obligation otherwise prohibited by paragraph (1) may be 
incurred if approved in advance by the Under Secretary of Defense for 
Acquisition and Technology.''.
    (b) Terminology Correction.--Subsection (a)(1) of such section, as 
redesignated by subsection (a)(1)(B)(ii), is amended by striking out 
``full-scale engineering development'' and inserting in lieu thereof 
``engineering and manufacturing development''.

SEC. 43003. REPEAL OF REQUIREMENT TO DESIGNATE CERTAIN MAJOR DEFENSE 
              ACQUISITION PROGRAMS AS DEFENSE ENTERPRISE PROGRAMS.

    Section 809 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 10 U.S.C. 2430 note) is amended--
            (1) by striking out subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.

SEC. 43004. 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. 43005. 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.

                      Subtitle B--Testing Statutes

SEC. 43011. DIRECTOR OF OPERATIONAL TEST AND EVALUATION TO REPORT 
              DIRECTLY TO SECRETARY OF DEFENSE.

    Section 139(c) of title 10, United States Code, is amended by 
inserting after ``(c)'' the following: ``The Director reports directly, 
without intervening review or approval, to the Secretary of Defense and 
Deputy Secretary of Defense personally.''.

SEC. 43012. RESPONSIBILITY OF DIRECTOR OF OPERATIONAL TEST AND 
              EVALUATION FOR LIVE FIRE TESTING.

    (a) Conduct of Live Fire Testing.--Subsection (b) of section 139 of 
title 10, United States Code, is amended--
            (1) by striking out ``and'' at the end of paragraph (4);
            (2) by striking out the period at the end of paragraph (5) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) conduct the live fire testing activities of the 
        Department of Defense provided for under section 2366 of this 
        title.''.
    (b) Annual Report on Live Fire Testing.--Subsection (f) of such 
section is amended by inserting ``(including live fire testing 
activities)'' in the first sentence after ``operational test and 
evaluation activities''.

SEC. 43013. REQUIREMENT FOR UNCLASSIFIED VERSION OF ANNUAL REPORT ON 
              OPERATIONAL TEST AND EVALUATION.

    Section 139(f) of title 10, United States Code, is amended by 
inserting after the second sentence the following new sentence: ``If 
the Director submits the report to Congress in a classified form, the 
Director shall concurrently submit an unclassified version of the 
report to Congress.''.

                   Subtitle C--Service Specific Laws

SEC. 43021. GRATUITOUS SERVICES OF OFFICERS OF CERTAIN RESERVE 
              COMPONENTS.

    Section 279 of title 10, United States Code, is amended--
            (1) by striking out ``Notwithstanding'' and inserting in 
        lieu thereof ``(a) Acceptance by Secretary of a Military 
        Department.--Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Acceptance by Secretary of Defense.--Notwithstanding section 
1342 of title 31, the Secretary of Defense may accept the gratuitous 
services of an officer of a reserve component (other than an officer of 
the Army National Guard of the United States or the Air National Guard 
of the United States) in consultation upon matters relating to the 
armed forces.''.

SEC. 43022. AUTHORITY TO RENT SAMPLES, DRAWINGS, AND OTHER INFORMATION 
              TO OTHERS.

    Subchapter V of chapter 148 of title 10, United States Code, is 
amended in section 2541(a) by inserting ``rent,'' after ``sell,'' each 
place it appears in paragraphs (1) and (2).

SEC. 43023. CIVIL RESERVE AIR FLEET.

    (a) Definitions.--Section 9511 of title 10, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ```civil aircraft','' after 
                ```person','';
                    (B) by striking out ``meaning'' and inserting in 
                lieu thereof ``meanings''; and
                    (C) by striking out ``(49 U.S.C. 1301)'' and 
                inserting in lieu thereof ``(49 U.S.C. App. 1301)'';
            (2) in paragraph (2), by striking out ``passenger-cargo'' 
        and inserting in lieu thereof ``passenger cargo'';
            (3) in paragraph (3), by striking out ``cargo-capable'' and 
        inserting in lieu thereof ``cargo capable'';
            (4) by striking out paragraph (5) and inserting in lieu 
        thereof the following:
            ``(5) The term `cargo convertible aircraft' means a 
        passenger aircraft equipped or designed so that all or 
        substantially all of the main deck of the aircraft can be 
        readily converted for the carriage of property or mail.'';
            (5) by striking out paragraph (6);
            (6) by redesignating paragraph (7) as paragraph (6);
            (7) by redesignating paragraph (8) as paragraph (7) and--
                    (A) in subparagraph (A) of such paragraph, by 
                inserting ``under section 9512 of this title'' after 
                ``and who contracts with the Secretary'';
                    (B) by striking out ``or'' at the end of such 
                subparagraph (A); and
                    (C) by inserting before the period at the end of 
                such paragraph the following: ``, or (C) who owns or 
                controls existing aircraft, or will own or control new 
                aircraft, and who contractually commits all or some of 
                such aircraft to the Civil Reserve Air Fleet'';
            (8) by redesignating paragraphs (9), (10), (11), and (12) 
        as paragraphs (8), (9), (10), and (11), respectively; and
            (9) in paragraph (11), as so redesignated--
                    (A) by striking out ``interoperability'' and 
                inserting in lieu thereof ``compatibility''; and
                    (B) by striking out ``a cargo-convertible, cargo-
                capable, or passenger-cargo combined aircraft'' and 
                inserting in lieu thereof ``an aeromedical aircraft or 
                a cargo convertible, cargo capable, or passenger cargo 
                combined aircraft''.
    (b) Consolidation of Provisions Relating to Contractual Commitment 
of Aircraft.--Chapter 931 of such title is amended--
            (1) by redesignating subsections (b) and (c) of section 
        9512 as subsections (c) and (d), respectively;
            (2) by redesignating subsection (a) of section 9513 as 
        subsection (b), transferring such subsection (as so 
        redesignated) to section 9512, and inserting such subsection 
        after subsection (a);
            (3) by redesignating subsection (b) of section 9513 as 
        subsection (e) and transferring such subsection (as so 
        redesignated) to the end of section 9512;
            (4) in subsection (c) of section 9512, as redesignated by 
        paragraph (1), by striking out ``the terms required by section 
        9513 of this title and'';
            (5) in subsection (e) of section 9512, as redesignated and 
        transferred to such section by paragraph (3), by striking out 
        ``under section 9512 of this title'' and inserting in lieu 
        thereof ``entered into under this section''; and
            (6) by striking out the heading of section 9513.
    (c) Use of Military Installations by Contractors.--
            (1) Authority.--Such chapter, as amended by subsection (b), 
        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 service 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 for commercial operations not 
required by the Department of Defense and may provide in contracts 
under subsection (a) for different levels and types of uses by 
different contractors.
    ``(c) Disposition of Payments for Use.--Notwithstanding any other 
provision of law, amounts collected from the contractor for landing 
fees, services, supplies, or other charges authorized to be collected 
under the contract shall be credited to the appropriations of the armed 
forces having jurisdiction over the military installation to which the 
contract pertains. Amounts so credited to an appropriation shall be 
available for obligation for the same period as the appropriation to 
which credited.
    ``(d) Hold Harmless Requirement.--A contract entered into under 
subsection (a) shall provide that the contractor agrees to indemnify 
and hold harmless the United States 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.
    ``(e) Reservation of Right To Exclude Contractor.--A contract 
entered into under subsection (a) shall provide that the Secretary or, 
in the case of an installation under the jurisdiction of an armed force 
other than the Air Force, the Secretary concerned may at any time and 
without prior notice deny access to an installation designated under 
the contract if military exigencies require such action.''.
            (2) 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.''.

SEC. 43024. EXCHANGE OF PERSONNEL.

    (a) Exchange Authority.--Subchapter II of chapter 138 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 2350k. Exchange of personnel
    ``(a) International Exchange Agreements Authorized.--Under 
regulations prescribed by the Secretary of Defense, the Secretary and 
the secretaries of the military departments are each authorized to 
enter into agreements with the governments of foreign countries for the 
exchange of military and civilian personnel of the Department of 
Defense and military and civilian personnel of the defense departments 
or ministries of such foreign governments.
    ``(b) Assignment of Personnel.--Pursuant to such agreements, 
personnel of the foreign defense departments or ministries may be 
assigned to positions in the Department of Defense, and personnel of 
the Department of Defense may be assigned to positions in foreign 
defense departments or ministries. Agreements for the exchange of 
personnel engaged in research and development activities may provide 
for assignments to positions in private industry that support the 
defense departments or ministries. The specific positions and the 
individuals to be assigned must be acceptable to both the sending 
government and the host government.
    ``(c) Reciprocity of Personnel Qualifications Required.--Each 
government shall be required under an agreement authorized by 
subsection (a) to provide personnel having qualifications, training, 
and skills that are essentially equal to those of the personnel 
provided by the other government.
    ``(d) Payment of Personnel Costs.--Each government shall pay the 
salary, per diem, cost of living, travel, cost of language or other 
training, and other costs (except for cost of temporary duty directed 
by the host government and costs incident to the use of host government 
facilities in the performance of assigned duties) for its own personnel 
in accordance with the laws and regulations of such government that 
pertain to such matters.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter II of such chapter is amended by adding at the end the 
following new item:

``2350k. Exchange of personnel.''.

SEC. 43025. SCIENTIFIC INVESTIGATION AND RESEARCH FOR THE NAVY.

    (a) Repeal.--Section 7203 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 631 of such title is amended by striking out the item relating 
to section 7203.

SEC. 43026. CONSTRUCTION OF COMBATANT AND ESCORT VESSELS AND ASSIGNMENT 
              OF VESSEL PROJECTS.

    (a) Repeal of Obsolete and Internally Inconsistent Provisions.--
Section 7299a of title 10, United States Code, is amended--
            (1) by striking out subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.
    (b) Conforming Amendment.--Subsection (b) of such section, as 
redesignated by subsection (a)(2), is amended in paragraph (2) by 
striking out ``subsection (a) or''.

SEC. 43027. REPEAL OF REQUIREMENT FOR CONSTRUCTION OF VESSELS ON 
              PACIFIC COAST.

    (a) Repeal.--Section 7302 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 7302.

SEC. 43028. AUTHORITY TO TRANSFER BY GIFT A VESSEL STRICKEN FROM NAVAL 
              VESSEL REGISTER.

    Section 7306(a)(1) of title 10, United States Code, is amended by 
inserting ``Territory,'' after ``State,''.

SEC. 43029. NAVAL SALVAGE FACILITIES.

    Chapter 637 of title 10, United States Code, is amended--
            (1) in section 7361--
                    (A) in subsection (a), by inserting ``Authority To 
                Provide Facilities by Contract or Otherwise.--'' after 
                ``(a)'';
                    (B) in subsection (b), by inserting ``Contracts 
                Affecting the Department of Transportation.--'' after 
                ``(b)''; and
                    (C) by striking out subsection (c) and inserting in 
                lieu thereof the following new subsection (c):
    ``(c) Limitation on Term Contracts.--Term contracts may be entered 
into for purposes of this section only after--
            ``(1) it has been demonstrated to the satisfaction of the 
        Secretary of the Navy that available commercial salvage 
        facilities are inadequate to meet national defense 
        requirements; and
            ``(2) the Secretary of the Navy determines that adequate 
        public notice of intent to exercise the authority under this 
        subsection has been provided.'';
            (2) by designating the text of section 7362 as subsection 
        (d) and transferring such text, as so designated, to the end of 
        section 7361 of title 10, United States Code;
            (3) in subsection (d) of section 7361 of such title, as so 
        designated and transferred, by inserting before ``The 
        Secretary'' the following: ``Commercial Use of Naval Vessels 
        and Equipment.--'';
            (4) by designating the text of section 7363 as subsection 
        (e) and transferring such text, as so designated, to the end of 
        section 7361 of title 10, United States Code;
            (5) in subsection (e) of section 7361 of such title, as so 
        designated and transferred, by inserting before ``Before any 
        salvage vessel'' the following: ``Conditions for Transfer of 
        Equipment.--'';
            (6) by designating the text of section 7365 as subsection 
        (f) and transferring such text, as so designated, to the end of 
        section 7361 of title 10, United States Code;
            (7) in subsection (f) of section 7361 of such title, as so 
        designated and transferred, by inserting before ``The 
        Secretary'' the following: ``Settlement of Claims.--'';
            (8) by designating the text of section 7367 as subsection 
        (g) and transferring such text, as so designated, to the end of 
        section 7361 of title 10, United States Code;
            (9) in subsection (g) of section 7361 of such title, as so 
        designated and transferred--
                    (A) by inserting before ``Money received'' the 
                following: ``Disposition of Receipts.--''; and
                    (B) by striking out ``this chapter'' in the first 
                sentence and inserting in lieu thereof ``this 
                section'';
            (10) by striking out the section headings for sections 
        7362, 7363, 7365, and 7367;
            (11) by striking out the heading for section 7361 and 
        inserting in lieu thereof the following:
``Sec. 7361. Navy support for salvage operations'';
        and
            (12) in the table of sections at the beginning of such 
        chapter--
                    (A) by striking out the item relating to section 
                7361 and inserting in lieu thereof the following:

``7361. Navy support for salvage operations.'';
                and
                    (B) by striking out the items relating to sections 
                7362, 7363, 7365, and 7367.

 Subtitle D--Department of Defense Commercial and Industrial Activities

SEC. 43051. ACCOUNTING REQUIREMENT FOR CONTRACTED ADVISORY AND 
              ASSISTANCE SERVICES.

    (a) Funding To Be Identified in Budget.--Section 1105 of title 31, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(g)(1) The Director of the Office of Management and Budget shall 
establish the funding for advisory and assistance services for each 
department and agency as a separate object class in each budget 
annually submitted to the Congress under this section.
    ``(2)(A) In paragraph (1), except as provided in subparagraph (B), 
the term `advisory and assistance services' means the following 
services when provided by nongovernmental sources:
            ``(i) Management and professional support services.
            ``(ii) Studies, analyses, and evaluations.
            ``(iii) Engineering and technical services.
    ``(B) In paragraph (1), the term `advisory and assistance services' 
does not include the following services:
            ``(i) Routine automated data processing and 
        telecommunications services unless such services are an 
        integral part of a contract for the procurement of advisory and 
        assistance services.
            ``(ii) Architectural and engineering services.
            ``(iii) Technical support of research and development 
        activities.
            ``(iv) Research on basic mathematics or medical, 
        biological, physical, social, psychological, or other 
        phenomena.''.
    (b) Repeal of Source Law.--Section 512 of Public Law 102-394 (106 
Stat. 1826) is repealed.
    (c) Repeal of Superseded Provisions.--
            (1) Title 10.--
                    (A) Repeal.--Section 2212 of title 10, United 
                States Code, is repealed.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 131 of such title is amended 
                by striking out the item relating to section 2212.
            (2) Title 31.--
                    (A) Repeal.--Section 1114 of title 31, United 
                States Code, is repealed.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 11 of such title is amended by 
                striking out the item relating to section 1114.

               Subtitle E--Fuel- and Energy-Related Laws

SEC. 43061. LIQUID FUELS AND NATURAL GAS: CONTRACTS FOR STORAGE, 
              HANDLING, OR DISTRIBUTION.

    Section 2388(a) of title 10, United States Code, is amended by 
striking out ``liquid fuels and natural gas'' and inserting in lieu 
thereof ``liquid fuels or natural gas''.

                      Subtitle F--Fiscal Statutes

SEC. 43071. DISBURSEMENT OF FUNDS OF MILITARY DEPARTMENT TO COVER 
              OBLIGATIONS OF ANOTHER AGENCY OF DEPARTMENT OF DEFENSE.

    Subsection (c)(2) of section 3321 of title 31, United States Code, 
is amended by striking out ``military departments of the'' and 
inserting in lieu thereof ``The''.

                       Subtitle G--Miscellaneous

SEC. 43081. OBLIGATION OF FUNDS: LIMITATION.

    Section 2202 of title 10, United States Code, is amended to read as 
follows:
``Sec. 2202. Obligation of funds: limitation
    ``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.''.

SEC. 43082. 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. 43083. CODIFICATION AND REVISION OF LIMITATION ON LEASE OF 
              VESSELS, AIRCRAFT, AND VEHICLES.

    (a) Limitation.--
            (1) In general.--Chapter 141 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2410l. Lease of vessels, aircraft, and vehicles
    ``The head of an agency named in paragraph (1), (2), (3), or (4) of 
section 2303(a) of this title 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 without previously having 
considered all costs of such lease (including estimated termination 
liability) and determined in writing that such lease is in the best 
interest of the Government.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following:

``2410l. 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. 43084. SOFT DRINK SUPPLIES FOR EXCHANGE STORES.

    Section 2424 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Paragraphs (1) and (2) of subsection (b) do not apply to 
contracts for the procurement of soft drinks that are manufactured in 
the United States. The Secretary of Defense shall prescribe in 
regulations the standards and procedures for determining whether a 
particular drink is a soft drink and whether the drink was manufactured 
in the United States.''.

SEC. 43085. REPEAL OF PREFERENCE FOR RECYCLED TONER CARTRIDGES.

    The following provisions of law, relating to a preference for 
procurement of recycled toner cartridges, are repealed:
            (1) Section 630 of Public Law 102-393 (106 Stat. 1773) and 
        the provision of law set out in quotes in that section (42 
        U.S.C. 6962(j)).
            (2) Section 401 of Public Law 103-123 (107 Stat. 1238).

 TITLE XLIV--SIMPLIFIED ACQUISITION THRESHOLD AND SOCIOECONOMIC, SMALL 
                    BUSINESS, AND MISCELLANEOUS LAWS

              Subtitle A--Simplified Acquisition Threshold

                   PART I--ESTABLISHMENT OF THRESHOLD

SEC. 44001. SIMPLIFIED ACQUISITION THRESHOLD.

    (a) Term Defined.--Section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11)) is amended to read as 
follows:
            ``(11) The term `simplified acquisition threshold' means 
        $100,000.''.
    (b) Interim Reporting Rule.--Until October 1, 1999, procuring 
activities shall continue to report procurement awards with a dollar 
value of at least $25,000, but less than $100,000, in conformity with 
the procedures for the reporting of a contract award in excess of 
$25,000 that were in effect on October 1, 1992.

                 PART II--SIMPLIFICATION OF PROCEDURES

SEC. 44011. SIMPLIFIED ACQUISITION PROCEDURES.

    The Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
seq.) is amended by adding at the end the following new section:

                  ``simplified acquisition procedures

    ``Sec. 29. (a) In order to promote efficiency and economy in 
contracting and to avoid unnecessary burdens for agencies and 
contractors, the Federal Acquisition Regulation shall provide for 
special simplified procedures for contracts for acquisition of property 
and services that are not in excess of the simplified acquisition 
threshold.
    ``(b) Regulations prescribed pursuant to subsection (a) shall 
include the following provisions:
            ``(1) A provision that a contract with an anticipated value 
        not in excess of $2,500 is not subject to section 15(j) of the 
        Small Business Act (15 U.S.C. 644(j)) and section 2 of title 
        III of the Act of March 3, 1933 (commonly known as the `Buy 
        America Act') (41 U.S.C. 10a et seq.).
            ``(2) A provision that a civilian or military official, or 
        employee of an agency, whose contracting authority does not 
        exceed $2,500 is not a procurement official for the purposes of 
        section 27 of this Act.
            ``(3) A provision that a purchase not in excess of $2,500 
        may be made without obtaining competitive quotations if the 
        contracting officer determines that the price for the purchase 
        is reasonable.
            ``(4) A requirement that purchases not in excess of $2,500 
        be distributed equitably among qualified suppliers.
            ``(5) A requirement that a contracting officer consider 
        each responsive offer timely received from an eligible offeror.
    ``(c) A proposed purchase or contract for an amount above the 
simplified acquisition threshold may not be divided into several 
purchases or contracts for lesser amounts in order to use the 
simplified acquisition procedures required by subsection (a).
    ``(d) In using simplified acquisition procedures, the head of an 
executive agency shall promote competition to the maximum extent 
practicable.''.

SEC. 44012. SMALL BUSINESS RESERVATION.

    Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is 
amended to read as follows:
    ``(j)(1) Each contract for the purchase of goods and services that 
has an anticipated value in excess of $2,500 but not in excess of the 
simplified acquisition threshold and that is subject to simplified 
acquisition procedures prescribed pursuant to section 29 of the Office 
of Federal Procurement Policy Act shall be reserved exclusively for 
small business concerns unless the contracting officer is unable to 
obtain offers from two or more small business concerns that are 
competitive with market prices and are competitive with regard to the 
quality and delivery of the goods or services being purchased.
    ``(2) In carrying out paragraph (1), a contracting officer shall 
consider a responsive offer timely received from an eligible small 
business offeror.
    ``(3) Nothing in paragraph (1) shall be construed as precluding an 
award of a contract with a value not in excess of the simplified 
acquisition threshold under the authority of subsection (a) or (c) of 
section 8 of this Act, section 2323 of title 10, United States Code, or 
section 712 of the Business Opportunity Development Reform Act of 1988 
(Public Law 100-656; 15 U.S.C. 644 note).''.

SEC. 44013. FAST PAYMENT UNDER SIMPLIFIED ACQUISITION PROCEDURES.

    (a) Payment Procedures.--The simplified acquisition procedures 
described in section 29(a) of the Office of Federal Procurement Policy 
Act (as added by section 44011) shall provide for use of the payment 
terms described in subsection (b), and for the disbursement of payment 
through electronic fund transfer, whenever circumstances permit.
    (b) Required Payment Terms.--The payment terms for a purchase made 
pursuant to simplified acquisition procedures shall require payment, in 
accordance with the provisions of chapter 39 of title 31, United States 
Code, within 15 days after the date of the receipt of a proper invoice 
for products delivered or services performed, if--
            (1) in the case of a purchase of property, title to the 
        property vests in the Government upon delivery of the property 
        to the Government or to a common carrier;
            (2) in the case of property or services for which payment 
        is due before the Government's acceptance of the property or 
        services, the vendor provides commercial or other appropriate 
        warranties assuring that the property or services purchased 
        conform to the requirements set forth in the Government's 
        purchase offer; and
            (3) funds are available for making the payment.
    (c) Disbursements To Be Matched With Obligations.--The simplified 
acquisition procedures shall include procedures that ensure that each 
request for a disbursement is matched with a particular obligation 
before the disbursement is made under the payment terms provided for 
under subsection (a).

SEC. 44014. PROCUREMENT NOTICE.

    (a) Continuation of Existing Notice Thresholds.--Subsection (a) of 
section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 
416) is amended--
            (1) in paragraph (1), by striking out ``the small purchase 
        threshold'' each place it appears and inserting in lieu thereof 
        ``$25,000''; and
            (2) in paragraph (3)(B), by inserting after ``(B)'' the 
        following: ``in the case of a contract or order expected to 
        exceed the simplified acquisition threshold,''.
    (b) Content of Notice.--Subsection (b) of such section is amended--
            (1) by striking out ``and'' at the end of paragraph (4);
            (2) by striking out the period at the end of paragraph (5) 
        and inserting in lieu thereof a semicolon; and
            (3) by adding at the end the following:
            ``(6) in the case of a contract in an amount estimated to 
        exceed $25,000 but not to exceed the simplified acquisition 
        threshold--
                    ``(A) a description of the procedures to be used in 
                awarding the contract; and
                    ``(B) a statement specifying the periods for 
                prospective offerors and the contracting officer to 
                take the necessary preaward and award actions.''.
    (c) Notice Not Required in Electronic Commerce.--Subsection (c)(1) 
of such section, as amended by section 41055(b), is further amended--
            (1) by redesignating subparagraphs (A), (B), (C), (D), (E) 
        and (F) as subparagraphs (B), (C), (D), (E), (F), and (G), 
        respectively; and
            (2) by inserting above subparagraph (B), as so 
        redesignated, the following new subparagraph (A):
            ``(A) the proposed procurement is conducted by means of 
        electronic commerce pursuant to a system that, as determined by 
        the Administrator for Federal Procurement Policy, has the 
        capabilities described in subsections (a) and (b) of section 
        44015 of the Federal Acquisition Streamlining Act of 1994;''.
    (d) Notice Under the Small Business Act.--
            (1) Continuation of existing notice thresholds.--Subsection 
        (e) of section 8 of the Small Business Act (15 U.S.C. 637) is 
        amended--
                    (A) in paragraph (1), by striking out ``the small 
                purchase threshold'' each place it appears and 
                inserting in lieu thereof ``$25,000''; and
                    (B) in paragraph (3)(B), by inserting after ``(B)'' 
                the following: ``in the case of a contract or order 
                estimated to exceed the simplified acquisition 
                threshold,''.
            (2) Content of notice.--Subsection (f) of such section is 
        amended--
                    (A) by striking out ``and'' at the end of paragraph 
                (4);
                    (B) by striking out the period at the end of 
                paragraph (5) and inserting in lieu thereof a 
                semicolon; and
                    (C) by adding at the end the following:
            ``(6) in the case of a contract in an amount estimated to 
        exceed the $25,000 but not to exceed the simplified acquisition 
        threshold--
                    ``(A) a description of the procedures to be used in 
                awarding the contract; and
                    ``(B) a statement specifying the periods for 
                prospective offerors and the contracting officer to 
                take the necessary preaward and award actions.''.

SEC. 44015. ELECTRONIC COMMERCE FOR FEDERAL GOVERNMENT PROCUREMENTS.

    (a) Development and Implementation of System.--The Administrator 
for Federal Procurement Policy, in consultation with the heads of 
appropriate Federal Government agencies having applicable technical and 
functional expertise, may take appropriate steps to develop and 
implement a Federal Governmentwide architecture or design for 
electronic commerce that provides interoperability among users.
    (b) Required Capabilities.--The requirements analysis prepared to 
implement the architecture or design of a system of electronic commerce 
referred to in subsection (a) shall have the following capabilities:
            (1) The maximum practicable capability for electronic 
        exchange of such procurement information as solicitations, 
        offers, contracts, purchase orders, invoices, payments, and 
        other contractual documents between the private sector and the 
        Federal Government.
            (2) Capabilities that increase the access of businesses, 
        including small business concerns, socially and economically 
        disadvantaged small business concerns, and businesses owned 
        predominantly by women, to Federal Government procurement 
        opportunities.
            (3) Easy access for potential Federal Government 
        contractors.
            (4) Use of nationally and internationally recognized data 
        formats that broaden and ease electronic interchange of data.
            (5) Use of Federal Government systems and networks and 
        industry systems and networks.
    (c) Notice and Solicitation Regulations.--In connection with 
implementation of the architecture or design referred to in subsection 
(a), the Federal Acquisition Regulatory Council shall ensure that the 
Federal Acquisition Regulation contains appropriate notice and 
solicitation provisions applicable to acquisitions conducted through 
such architecture or design. The provisions shall specify the required 
form and content of notices of acquisitions and the minimum periods for 
notifications of solicitations and for deadlines for the submission of 
offers under solicitations. Each minimum period specified for a 
notification of solicitation and each deadline for the submission of 
offers under a solicitation shall afford potential offerors a 
reasonable opportunity to respond.
    (d) Limitation of Publication Requirement.--The requirement in 
section 18(a) of the Office of Federal Procurement Policy Act (41 
U.S.C. 416(a)) and section 8(e) of the Small Business Act (15 U.S.C. 
637(e)) for publishing notice of a solicitation in the Commerce 
Business Daily shall not apply to acquisitions of a Federal agency or a 
component of a Federal agency that are made through electronic commerce 
and have a value not in excess of the simplified acquisition threshold 
if the Federal Acquisition Regulation contains the provisions 
specifically required by subsection (c) and the Administrator for 
Federal Procurement Policy certifies that such agency or component--
            (1) has fully implemented the architecture or design 
        referred to in subsection (a); and
            (2) has procedures in place--
                    (A) to provide notice to potential offerors in 
                accordance with the requirements of the Federal 
                Acquisition Regulation prescribed pursuant to 
                subsection (c); and
                    (B) to ensure that small business concerns are 
                afforded an opportunity to respond to a solicitation of 
                contract offers within the period specified in the 
                solicitation.
    (e) Definition.--In this section, the term ``simplified acquisition 
threshold'' has the meaning given that term is section 4(11) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).

   PART III--APPLICABILITY OF LAWS TO ACQUISITIONS NOT IN EXCESS OF 
                    SIMPLIFIED ACQUISITION THRESHOLD

SEC. 44021. FUTURE ENACTED PROCUREMENT LAWS.

    The Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
seq.), as amended by section 44011, is further amended by adding at the 
end the following new section:

 ``applicability of certain laws to contracts not exceeding simplified 
                         acquisition threshold

    ``Sec. 30. (a) In General.--The applicability of a provision of law 
described in subsection (b) to contracts not in excess of the 
simplified acquisition threshold may be waived on a class basis in the 
Federal Acquisition Regulation. Such a waiver shall not apply to a 
provision of law that expressly refers to this section and prohibits 
the waiver of that provision of law.
    ``(b) Referenced Law.--A provision of law referred to in subsection 
(a) is any provision of law enacted after the date of the enactment of 
the Federal Acquisition Streamlining Act of 1994 that, as determined by 
the Administrator for Federal Procurement Policy, sets forth policies, 
procedures, requirements, or restrictions for the procurement of 
property or services by the Federal Government.''.

SEC. 44022. ARMED SERVICES ACQUISITIONS.

    (a) Requirement for Contract Clause Regarding Contingent Fees.--
Section 2306(b) of title 10, United States Code, is amended by adding 
at the end the following: ``This subsection does not apply to a 
contract that is not in excess of the simplified acquisition 
threshold.''.
    (b) Prohibition on Limiting Subcontractor Direct Sales to the 
United States.--Section 2402 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(c) This section does not apply to a contract that is not in 
excess of the simplified acquisition threshold (as defined in section 
4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(11))).''.
    (c) Authority To Examine Books and Records of Contractors.--Section 
2313 of title 10, United States Code, as amended by section 42201, is 
further amended by adding at the end of subsection (f) the following:
            ``(2) A contract that is not in excess of the simplified 
        acquisition threshold.''.
    (d) Requirement To Identify Suppliers and Sources of Supplies.--
Section 2384(b) of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
    ``(3) The regulations prescribed pursuant to paragraph (1) do not 
apply to a contract that does not exceed the simplified acquisition 
threshold (as defined in section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11))).''.
    (e) Prohibition Against Doing Business With Certain Offerors or 
Contractors.--Section 2393(d) of title 10, United States Code, is 
amended in the second sentence by striking out ``above'' and all that 
follows and inserting in lieu thereof ``in excess of the simplified 
acquisition threshold (as defined in section 4(11) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(11))).''.
    (f) Prohibition on Persons Convicted of Defense-Contract Related 
Felonies.--Section 2408(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph:
    ``(4) The prohibition in paragraph (1) does not apply with respect 
to the following:
            ``(A) A contract referred to in subparagraph (A), (B), (C), 
        or (D) of such paragraph that is not in excess of the 
        simplified acquisition threshold (as defined in section 4(11) 
        of the Office of Federal Procurement Policy Act (41 U.S.C. 
        403(11))).
            ``(C) A subcontract referred to in such subparagraph that 
        is under a contract described in subparagraph (A).''.

SEC. 44023. CIVILIAN AGENCY ACQUISITIONS.

    (a) Requirement for Contract Clause Regarding Contingent Fees.--
Section 304(a) of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 254(a)) is amended by adding at the end the 
following: ``The preceding sentence does not apply to a contract that 
is not in excess of the simplified acquisition threshold.''.
    (b) Prohibition on Limiting Subcontractor Direct Sales to the 
United States.--Section 303G of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253g) is amended by adding at the end 
the following new subsection:
    ``(c) This section does not apply to a contract that is not in 
excess of the simplified acquisition threshold.''.
    (c) Authority To Examine Books and Records of Contractors.--Section 
304B of the Federal Property and Administrative Services Act of 1949, 
as added by section 42251(a), is amended by adding at the end of 
subsection (f) the following:
            ``(2) A contract that is not in excess of the simplified 
        acquisition threshold.''.

SEC. 44024. ACQUISITIONS GENERALLY.

    (a) Limitation on Use of Funds To Influence Certain Federal 
Actions.--Section 1352(e)(2)(B) of title 31, United States Code, is 
amended by striking out ``$100,000'' and inserting in lieu thereof 
``the simplified acquisition threshold (as defined in section 4(11) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))''.
    (b) Requirement for Contract Clause Relating to Kickbacks.--Section 
7 of the Anti-Kickback Act of 1986 (41 U.S.C. 57) is amended by adding 
at the end the following new subsection:
    ``(d) Subsections (a) and (b) do not apply to a prime contract that 
is not in excess of the simplified acquisition threshold (as defined in 
section 4(11) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(11))).''.
    (c) Miller Act.--
            (1) In general.--
                    (A) Contracts not exceeding simplified acquisition 
                threshold.--The Act of August 24, 1935 (40 U.S.C. 270a 
                et seq.), commonly referred to as the ``Miller Act'', 
                is amended by adding at the end the following new 
                section:
    ``Sec. 5. This Act does not apply to a contract in an amount that 
is not in excess of the simplified acquisition threshold (as defined in 
section 4(11) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(11))).''.
                    (B) Conforming amendment.--Subsection (a) of the 
                first section of such Act is amended by striking out 
                ``, exceeding $25,000 in amount,''.
            (2) Alternative payment protections.--
                    (A) Protections to be specified in the far.--The 
                Federal Acquisition Regulation shall provide 
                alternatives to payment bonds as payment protections 
                for suppliers of labor and materials under contracts 
                referred to in subparagraph (C).
                    (B) Use of authorized protections.--The contracting 
                officer for a contract shall--
                            (i) select, from among the payment 
                        protections provided for in the Federal 
                        Acquisition Regulation pursuant to subparagraph 
                        (A), one or more payment protections which the 
                        offeror awarded the contract is to submit to 
                        the Federal Government for the protection of 
                        suppliers of labor and materials for such 
                        contract; and
                            (ii) specify in the solicitation of offers 
                        for such contract the payment protection or 
                        protections so selected.
                    (C) Covered contracts.--
                            (i) Applicability.--The regulations 
                        required under subparagraph (A) and the 
                        requirements of subparagraph (B) apply with 
                        respect to contracts referred to in subsection 
                        (a) of the first section of the Miller Act that 
                        are in excess of $25,000 but not in excess of 
                        the simplified acquisition threshold (as 
                        defined in section 4(11) of the Office of 
                        Federal Procurement Policy Act (41 U.S.C. 
                        403(11))).
                            (ii) Miller act reference.--The Miller Act 
                        referred to in subparagraph (A) is the Act of 
                        August 24, 1935 (40 U.S.C. 270a et seq.), 
                        commonly referred to as the ``Miller Act''.
    (d) Contract Work Hours and Safety Standards Act.--
            (1) In general.--Section 103 of the Contract Work Hours and 
        Safety Standards Act (40 U.S.C. 329) is amended by adding at 
        the end the following new subsection:
    ``(c) This title does not apply to a contract in an amount that is 
not in excess of the simplified acquisition threshold (as defined in 
section 4(11) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(11))).''.
            (2) Conforming amendment.--Section 107(a) of such Act (40 
        U.S.C. 333(a)) is amended by inserting after ``It shall be a 
        condition of each contract'' the following: ``(other than a 
        contract referred to in section 103(c))''.
    (e) Drug-Free Workplace Act of 1988.--Section 5152(a)(1) of the 
Drug-Free Workplace Act of 1988 (subtitle D of title V of the Anti-Drug 
Abuse Act of 1988; Public Law 100-690; 41 U.S.C. 701(a)(1)) is amended 
by striking out ``of $25,000 or more from any Federal agency'' and 
inserting in lieu thereof ``in excess of the simplified acquisition 
threshold (as defined in section 4(11) of such Act (41 U.S.C. 403(11))) 
by any Federal agency''.
    (f) Certain Procurement Integrity Requirements.--
            (1) Certification requirement.--Subsection (e)(7)(A) of 
        section 27 of the Office of Federal Procurement Policy Act (41 
        U.S.C. 423) is amended by striking out ``$100,000'' and 
        inserting in lieu thereof ``the simplified acquisition 
        threshold''.
             (2) Contract clause requirement.--Subsection (g)(1) of 
        such section is amended by inserting after ``awarded by a 
        Federal agency'' the following: ``(other than a contract in an 
        amount that is not in excess of the simplified acquisition 
        threshold)''.
    (g) Solid Waste Disposal Act.--Section 6002(a) of the Solid Waste 
Disposal Act (42 U.S.C. 6962(a)) is amended by striking out all that 
follows ``with respect to any'' and inserting in lieu thereof 
``contract in excess of the simplified acquisition threshold (as 
defined in section 4(11) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403(11))).''.

                     PART IV--CONFORMING AMENDMENTS

SEC. 44071. ARMED SERVICES ACQUISITIONS.

    (a) Simplified Acquisition Procedures.--Section 2304(g) of title 
10, United States Code, is amended--
            (1) in paragraph (1), by striking out ``small purchases of 
        property and services'' and inserting in lieu thereof 
        ``purchases of property and services not in excess of the 
        simplified acquisition threshold'';
            (2) by striking out paragraph (2);
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively;
            (4) in paragraph (2), as so redesignated--
                    (A) by striking out ``small purchase threshold'' 
                and inserting in lieu thereof ``simplified acquisition 
                threshold''; and
                    (B) by striking out ``small purchase procedures'' 
                and inserting in lieu thereof ``simplified 
                procedures''; and
            (5) in paragraph (3), as redesignated by paragraph (3), by 
        striking out ``small purchase procedures'' and inserting in 
        lieu thereof ``the simplified procedures''.
    (b) Solicitation Content Requirement.--Section 2305(a)(2) of title 
10, United States Code, is amended by striking out ``small purchases)'' 
in the matter above subparagraph (A) and inserting in lieu thereof 
``purchases not in excess of the simplified acquisition threshold)''.
    (c) Cost Type Contracts.--Section 2306(e)(2)(A) of title 10, United 
States Code, is amended by striking out ``small purchase threshold'' 
and inserting in lieu thereof ``simplified acquisition threshold''.

SEC. 44072. CIVILIAN AGENCY ACQUISITIONS.

    (a) Simplified Acquisition Procedures.--
            (1) Property and services generally.--Section 303(g) of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 253(g)) is amended--
                    (A) in paragraph (1), by striking out ``small 
                purchases of property and services'' and inserting in 
                lieu thereof ``purchases of property and services not 
                in excess of the simplified acquisition threshold'';
                    (B) by striking out paragraphs (2) and (5);
                    (C) in paragraph (3)--
                            (i) by striking out ``small purchase 
                        threshold'' and inserting in lieu thereof 
                        ``simplified acquisition threshold''; and
                            (ii) by striking out ``small purchase 
                        procedures'' and inserting in lieu thereof 
                        ``simplified procedures'';
                    (E) in paragraph (4), by striking out ``small 
                purchase procedures'' and inserting in lieu thereof 
                ``the simplified procedures''; and
                    (F) by inserting after paragraph (1) the following 
                new paragraph (2):
    ``(2)(A) The Administrator of General Services shall prescribe 
regulations that provide special simplified procedures for acquisitions 
of leasehold interests in real property at rental rates that do not 
exceed the simplified acquisition threshold.
    ``(B) For purposes of subparagraph (A), the rental rate or rates 
under a multiyear lease do not exceed the simplified acquisition 
threshold if the average annual amount of the rent payable for the 
period of the lease does not exceed the simplified acquisition 
threshold.''.
    (b) Solicitation Content Requirement.--Section 303A(b) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253a(b)) is amended by striking out ``small purchases)'' in the matter 
above paragraph (1) and inserting in lieu thereof ``purchases not in 
excess of the simplified acquisition threshold)''.
    (c) Cost Type Contracts.--Section 304(b) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 254(b)), as amended 
by section 41071, is further amended in the second sentence by striking 
out ``either $25,000'' and inserting in lieu thereof ``either the 
simplified acquisition threshold''.

SEC. 44073. OFFICE OF FEDERAL PROCUREMENT POLICY ACT.

    Section 19(a) of the Office of Federal Procurement Policy Act (41 
U.S.C. 417(a)) is amended by striking out ``procurements, other than 
small purchases,'' and inserting in lieu thereof ``procurements in 
excess of the simplified acquisition threshold''.

SEC. 44074. SMALL BUSINESS ACT.

    (a) Definition.--Section 3(m) of the Small Business Act (15 U.S.C. 
632(m)) is amended by striking out ```small purchase threshold''' and 
inserting in lieu thereof ```simplified acquisition threshold'''.
    (b) Use of Simplified Acquisition Threshold Term.--Section 
8(d)(2)(A) of the Small Business Act (15 U.S.C. 637(d)(2)(A)) is 
amended by striking out ``small purchase threshold'' and inserting in 
lieu thereof ``simplified acquisition threshold''.

                    PART V--REVISION OF REGULATIONS

SEC. 44081. REVISION REQUIRED.

    (a) Federal Acquisition Regulation.--The Federal Acquisition 
Regulatory Council established by section 25(a) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 421(a)) shall review the 
Federal Acquisition Regulation to identify regulations that are 
applicable to acquisitions in excess of a specified amount that is less 
than $100,000. The Council shall amend the regulations so identified as 
necessary to provide that such regulations do not apply to acquisitions 
that are not in excess of the simplified acquisition threshold. The 
preceding sentence does not apply in the case of a regulation for which 
such an amendment would not be in the national interest, as determined 
by the Council.
    (b) Supplemental Regulations.--The head of each Federal agency that 
has issued regulations, policies, or procedures referred to in section 
25(c)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 
421(c)(2)) shall identify any such regulations, policies, or procedures 
that are applicable to acquisitions in excess of a specified amount 
that is less than $100,000. The agency head shall amend the regulations 
so identified as necessary to provide that such regulations, policies, 
and procedures do not apply to acquisitions that are not in excess of 
the simplified acquisition threshold. The preceding sentence does not 
apply in the case of a regulation, policy, or procedure for which such 
an amendment would not be in the national interest, as determined by 
the agency head.
    (c) Completion of Actions.--All actions under this section shall be 
completed not later than 180 days after the date of the enactment of 
this division.
    (d) Definitions.--In this section:
            (1) The term ``simplified acquisition threshold'' has the 
        meaning given such term in section 4(11) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(11)), as amended 
        by section 44001.
            (2) The term ``Federal agency'' has the meaning given such 
        term in section 3(b) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 472(b)).

           Subtitle B--Socioeconomic and Small Business Laws

SEC. 44101. ACQUISITIONS GENERALLY.

    (a) Repeal of Executed Reporting Requirement.--Section 306 of the 
Trade Agreements Act of 1979 (19 U.S.C. 2516) is repealed.
    (b) Walsh-Healey Act.--
            (1) Repeal other than for certain definitional purposes.--
        The Act of June 30, 1936 (41 U.S.C. 35 et seq.), commonly 
        referred to as the ``Walsh-Healey Act'', is amended to read as 
        follows:
    ``Section 1. (a) The Secretary of Labor may prescribe in 
regulations the standards for determining whether a contractor is a 
manufacturer of or a regular dealer in materials, supplies, articles, 
or equipment to be manufactured or used in the performance of a 
contract entered into by any executive department, independent 
establishment, or other agency or instrumentality of the United States, 
or by the District of Columbia, or by any corporation all the stock of 
which is beneficially owned by the United States, for the manufacture 
or furnishing of materials, supplies, articles, and equipment.
    ``(b) Any interested person shall have the right of judicial review 
of any legal question regarding the interpretation of the terms 
`regular dealer' and `manufacturer', as defined pursuant to subsection 
(a).''
            (2) Conforming amendment.--Section 2304(h) of title 10, 
        United States Code, is amended to read as follows:
    ``(h) For the purposes of the Act entitled `An Act relating to the 
rate of wages for laborers and mechanics employed on public buildings 
of the United States and the District of Columbia by contractors and 
subcontractors, and for other purposes', approved March 3, 1931 
(commonly referred to as the `Davis-Bacon Act') (40 U.S.C. 276a et 
seq.), purchases or contracts awarded after using procedures other than 
sealed-bid procedures shall be treated as if they were made with 
sealed-bid procedures.''.
    (c) Repeal of Redundant Requirement Regarding Applicability of the 
Davis-Bacon Act and the Walsh-Healey Act.--Section 308 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 258) is 
repealed.

SEC. 44102. ACQUISITIONS FROM SMALL BUSINESSES.

    (a) Set-Aside Priority.--Section 15 of the Small Business Act (15 
U.S.C. 644) is amended by striking out subsections (e) and (f).
    (b) Certificate of Competence.--Section 804 of Public Law 103-484 
(106 Stat. 2447; 10 U.S.C. 2305 note) is repealed.

SEC. 44103. CONTRACTING PROGRAM FOR CERTAIN SMALL BUSINESS CONCERNS.

    (a) Procurement Procedures Authorized.--Section 8 of the Small 
Business Act (15 U.S.C. 637) is amended by inserting after subsection 
(b) the following new subsection:
    ``(c)(1) To facilitate the attainment of a goal for the 
participation of small business concerns owned and controlled by 
socially and economically disadvantaged individuals that is established 
for a Federal agency pursuant to section 15(g)(1), the head of the 
agency may enter into contracts using--
            ``(A) less than full and open competition by restricting 
        the competition for such awards to small business concerns 
        owned and controlled by socially and economically disadvantaged 
        individuals described in subsection (d)(3)(C) of this section; 
        and
            ``(B) a price evaluation preference not in excess of 10 
        percent when evaluating an offer received from such a small 
        business concern as the result of an unrestricted solicitation.
    ``(2) Paragraph (1) does not apply to the Department of Defense.''.
    (b) Implementation Through the Federal Acquisition Regulation.--
            (1) In general.--The Federal Acquisition Regulation shall 
        be amended to provide for uniform implementation of the 
        authority provided in section 8(c) of the Small Business Act, 
        as added by subsection (a).
            (2) Matters to be addressed.--The provisions of the Federal 
        Acquisition Regulation prescribed pursuant to paragraph (1) 
        shall include--
                    (A) conditions for the use of advance payments;
                    (B) provisions for contract payment terms that 
                provide for--
                            (i) accelerated payment for work performed 
                        during the period for contract performance; and
                            (ii) full payment for work performed;
                    (C) guidance on how contracting officers may use, 
                in solicitations for various classes of products or 
                services, a price evaluation preference pursuant to 
                section 8(c)(1)(B) of the Small Business Act, as added 
                by subsection (a), to provide a reasonable advantage to 
                small business concerns owned and controlled by 
                socially and economically disadvantaged individuals 
                without effectively eliminating any participation of 
                other small business concerns; and
                    (D)(i) procedures for a person to request the head 
                of Federal agency to determine whether the use of 
                competitions restricted to small business concerns 
                owned and controlled by socially and economically 
                disadvantaged individuals at a contracting activity of 
                such agency has caused a particular industry category 
                to bear a disproportionate share of the contracts 
                awarded to attain the goal established for that 
                contracting activity; and
                    (ii) guidance for limiting the use of such 
                restricted competitions in the case of any contracting 
                activity and class of contracts determined in 
                accordance with such procedures to have caused a 
                particular industry category to bear a disproportionate 
                share of the contracts awarded to attain the goal 
                established for that contracting activity.
    (c) Termination.--Section 8(c) of the Small Business Act, as added 
by subsection (a), shall cease to be effective at the end of September 
30, 1999.

SEC. 44104. PROCUREMENT GOALS FOR SMALL BUSINESS CONCERNS OWNED BY 
              WOMEN.

    (a) Goals.--Section 15 of the Small Business Act (15 U.S.C. 644) is 
amended--
            (1) by striking out ``and small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals'' each place it appears in the first sentence and 
        fourth sentences of subsection (g)(1), the second sentence of 
        subsection (g)(2), and paragraphs (1), (2)(A), (2)(D), and 
        (2)(E) of subsection (h) and inserting in lieu thereof ``, 
        small business concerns owned and controlled by socially and 
        economically disadvantaged individuals, and small business 
        concerns owned and controlled by women'';
            (2) in subsection (g)--
                    (A) by inserting after the third sentence of 
                paragraph (1) the following: ``The Government-wide goal 
                for participation by small business concerns owned and 
                controlled by women shall be established at not less 
                than 5 percent of the total value of all prime contract 
                and subcontract awards for each fiscal year.'';
                    (B) in the first sentence of paragraph (2), by 
                striking out ``and by small business concerns owned and 
                controlled by socially and economically disadvantaged 
                individuals,'' and inserting in lieu thereof ``, by 
                small business concerns owned and controlled by 
                socially and economically disadvantaged individuals, 
                and by small business concerns owned and controlled by 
                women''; and
                    (C) in the fourth sentence of paragraph (2), by 
                inserting after ``including participation by small 
                business concerns owned and controlled by socially and 
                economically disadvantaged individuals'' the following: 
                ``and by participation small business concerns owned 
                and controlled by women''; and
            (3) in subsection (h)(2)(F), by striking out ``women-owned 
        small business enterprises'' and inserting in lieu thereof 
        ``small business concerns owned and controlled by women''.
    (b) Subcontract Participation.--Section 8(d) of such Act (15 U.S.C. 
637(d)) is amended--
            (1) by striking out ``and small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals'' both places it appears in paragraph (1), both 
        places it appears in paragraph (3)(A), in paragraph (4)(D), in 
        subparagraphs (A), (C), and (F) of paragraph (6), and in 
        paragraph (10)(B) and inserting in lieu thereof ``, small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals, and small business 
        concerns owned and controlled by women'';
            (2) by striking out subparagraph (D) in paragraph (3) and 
        inserting in lieu thereof the following:
            ``(E) Contractors acting in good faith may rely on written 
        representations by their subcontractors regarding their status 
        as either a small business concern, a small business concern 
        owned and controlled by socially and economically disadvantaged 
        individuals, or a small business concern owned and controlled 
        by women.'';
            (3) in paragraph (3), by inserting after subparagraph (C) 
        the following new subparagraph (D):
            ``(D) The term `small business concern owned and controlled 
        by women' shall mean a small business concern--
                    ``(i) which is at least 51 per centum owned by one 
                or more women; or, in the case of any publicly owned 
                business, at least 51 per centum of the stock of which 
                is owned by one or more women; and
                    ``(ii) whose management and daily business 
                operations are controlled by one or more women.''; and
            (4) in paragraph (4)(E), by inserting ``and for small 
        business concerns owned and controlled by women'' after ``as 
        defined in paragraph (3) of this subsection''.
    (c) Misrepresentations of Status.--(1) Subsection (d)(1) of section 
16 of such Act (15 U.S.C. 645) is amended by striking out ``or `small 
business concern owned and controlled by socially and economically 
disadvantaged individuals''' and inserting in lieu thereof ``, a `small 
business concern owned and controlled by socially and economically 
disadvantaged individuals', or a `small business concerns owned and 
controlled by women'''.
    (2) Subsection (e) of such section is amended by striking out ``or 
`small business concern owned and controlled by socially and 
economically disadvantaged individuals''' and inserting in lieu thereof 
``, a `small business concern owned and controlled by socially and 
economically disadvantaged individuals', or a `small business concerns 
owned and controlled by women'''.
    (d) Definition.--Section 3 of such Act (15 U.S.C. 632) is amended 
by adding at the end the following new subsection:
    ``(n) For the purposes of this Act, a small business concern is a 
small business concern owned and controlled by women if--
            ``(1) at least 51 percent of small business concern is 
        owned by one or more women or, in the case of any publicly 
        owned business, at least 51 percent of the stock of which is 
        owned by one or more women; and
            ``(2) the management and daily business operations of the 
        business are controlled by one or more women.''.

SEC. 44105. DEVELOPMENT OF DEFINITIONS REGARDING CERTAIN SMALL BUSINESS 
              CONCERNS.

    (a) Review Required.--
            (1) Definitions to be identified.--The Administrator for 
        Federal Procurement Policy shall conduct a comprehensive review 
        of Federal laws, as in effect on November 1, 1994, to identify 
        and catalogue all of the provisions in such laws that define 
        (or describe for definitional purposes) the small business 
        concerns set forth in paragraph (2) for purposes of authorizing 
        the participation of such small business concerns as prime 
        contractors or subcontractors in--
                    (A) contracts awarded directly by the Federal 
                Government or subcontracts awarded under such 
                contracts; or
                    (B) contracts and subcontracts funded, in whole or 
                in part, by Federal financial assistance under grants, 
                cooperative agreements, or other forms of Federal 
                assistance.
            (2) Covered small business concerns.--The small business 
        concerns referred to in paragraph (1) are as follows:
                    (A) Small business concerns owned and controlled by 
                socially and economically disadvantaged individuals.
                    (B) Minority-owned small business concerns.
                    (C) Small business concerns owned and controlled by 
                women.
                    (D) Woman-owned small business concerns.
    (b) Matters To Be Developed.--On the basis of the results of the 
review carried out under subsection (a), the Administrator for Federal 
Procurement Policy shall develop--
            (1) uniform definitions for the small business concerns 
        referred to in subsection (a)(2);
            (2) uniform agency certification standards and procedures 
        for--
                    (A) determinations of whether a small business 
                concern qualifies as a small business concern referred 
                to in subsection (a)(2) under an applicable standard 
                for purposes contracts and subcontracts referred to in 
                subsection (a)(1); and
                    (B) reciprocal recognition by an agency of a 
                decision of another agency regarding whether a small 
                business concern qualifies as a small business concern 
                referred to in subsection (a)(2) for such purposes; and
            (3) such other related recommendations as the Administrator 
        determines appropriate consistent with the review results.
    (c) Procedures and Schedule.--
            (1) Participation by certain interested parties.--The 
        Administrator for Federal Procurement Policy shall provide for 
        the participation in the review and activities under 
        subsections (a) and (b) by representatives of--
                    (A) the Small Business Administration (including 
                the Office of the Chief Counsel for Advocacy);
                    (B) the Minority Business Development Agency of the 
                Department of Commerce;
                    (C) the Department of Transportation;
                    (D) the Environmental Protection Agency; and
                    (E) such other executive departments and agencies 
                as the Administrator considers appropriate.
            (2) Consultation with certain interested parties.--In 
        carrying out subsections (a) and (b), the Administrator shall 
        consult with representatives of organizations representing--
                    (A) minority-owned business enterprises;
                    (B) women-owned business enterprises; and
                    (C) other organizations that the Administrator 
                considers appropriate.
            (3) Schedule.--Not later than 60 days after the date of the 
        enactment of this division, the Administrator shall publish in 
        the Federal Register a notice which--
                    (A) lists the provisions of law identified in the 
                review carried out under subsection (a);
                    (B) describes the matters to be developed on the 
                basis of the results of the review pursuant to 
                subsection (b);
                    (C) solicits public comment regarding the matters 
                described in the notice pursuant to subparagraphs (A) 
                and (B) for a period of not less than 60 days; and
                    (D) addresses such other matters as the 
                Administrator considers appropriate to ensure the 
                comprehensiveness of the review and activities under 
                subsections (a) and (b).
    (d) Report.--Not later than May 1, 1995, the Administrator for 
Federal Procurement Policy shall submit to the Committees on Small 
Business of the Senate and the House of Representatives a report on the 
results of the review carried out under subsection (a) and the actions 
taken under subsection (b). The report shall include a discussion of 
the results of the review, a description of the consultations conducted 
and public comments received, and the Administrator's recommendations 
with regard to the matters identified under subsection (b).

               Subtitle C--Miscellaneous Acquisition Laws

SEC. 44151. PROHIBITION ON USE OF FUNDS FOR DOCUMENTING ECONOMIC OR 
              EMPLOYMENT IMPACT OF CERTAIN ACQUISITION PROGRAMS.

    (a)  Revision and Codification.--
            (1) In general.--Subchapter I of chapter 134 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2247. Prohibition on use of funds for documenting economic or 
              employment impact of certain acquisition programs
    ``No funds appropriated by the Congress may be obligated or 
expended to assist any contractor of the Department of Defense in 
preparing any material, report, lists, or analysis with respect to the 
actual or projected economic or employment impact in a particular State 
or congressional district of an acquisition program for which all 
research, development, testing, and evaluation has not been 
completed.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at the end 
        the following new item:

``2247. Prohibition on use of funds for documenting economic or 
                            employment impact of certain acquisition 
                            programs.''.
    (b) Repeal of Superseded Law.--Section 9048 of Public Law 102-396 
(106 Stat. 1913) is repealed.

SEC. 44152. RESTRICTION ON USE OF NONCOMPETITIVE PROCEDURES FOR 
              PROCUREMENT FROM A PARTICULAR SOURCE.

    (a) Armed Services Acquisitions.--Section 2304 of title 10, United 
States Code, as amended by section 41005(b), is further amended--
            (1) in subsection (c)(5), by inserting ``subject to 
        subsection (j),'' after ``(5)''; and
            (2) by adding at the end the following new subsection:
    ``(j)(1) It is the policy of Congress that no legislation should be 
enacted that requires a procurement to be made from a specified non-
Federal Government source.
    ``(2) A provision of law may not be construed as requiring a 
procurement to be made from a specified non-Federal Government source 
unless that provision of law--
            ``(A) specifically refers to this subsection;
            ``(B) specifically identifies the particular non-Federal 
        Government source involved; and
            ``(C) specifically states that the procurement from that 
        source is required by such provision of law in contravention of 
        the policy set forth in paragraph (1).''.
    (b) Civilian Agency Acquisitions.--Section 303 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) is 
amended--
            (1) in subsection (c)(5), by inserting ``subject to 
        subsection (h),'' after ``(5)''; and
            (2) by adding at the end the following new subsection:
    ``(h)(1) It is the policy of Congress that no legislation should be 
enacted that requires a procurement to be made from a specified non-
Federal Government source.
    ``(2) A provision of law may not be construed as requiring a 
procurement to be made from a specified non-Federal Government source 
unless that provision of law--
            ``(A) specifically refers to this subsection;
            ``(B) specifically identifies the particular non-Federal 
        Government source involved; and
            ``(C) specifically states that the procurement from that 
        source is required by such provision of law in contravention of 
        the policy set forth in paragraph (1).''.

                   TITLE XLV--ACQUISITION MANAGEMENT

                Subtitle A--Armed Services Acquisitions

SEC. 45001. PERFORMANCE BASED MANAGEMENT.

    (a) Policy and Goals for Performance Based Management of 
Programs.--
            (1) In general.--Chapter 131 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2219. Performance based management: acquisition programs
    ``(a) Congressional Policy.--It is the policy of Congress that--
            ``(1) the Department of Defense should achieve, on average, 
        90 percent of the cost and schedule goals established for the 
        research and development programs and acquisition programs of 
        the Department of Defense without reducing the performance or 
        capabilities of the items being acquired; and
            ``(2) the average period necessary for converting an 
        emerging technology into initial operational capability for the 
        Department of Defense should not exceed 8 years.
    ``(b) Establishment of Goals.--(1) The Secretary of Defense shall 
approve or define the cost, performance, and schedule goals for major 
defense acquisition programs of the Department of Defense.
    ``(2) The Comptroller of the Department of Defense shall evaluate 
the cost goals proposed for each major defense acquisition program of 
the Department.
    ``(c) Identification of Noncompliant Programs.--Whenever it is 
necessary to do so in order to implement the policy set out in 
subsection (a), the Secretary of Defense shall--
            ``(1) identify and consider whether there is a continuing 
        need for programs that are significantly behind schedule, over 
        budget, or not in compliance with performance or capability 
        requirements taking into consideration--
                    ``(A) the needs of the Department known as of the 
                time of consideration;
                    ``(B) the state of the technology or technologies 
                relevant to the programs and to the needs of the 
                Department;
                    ``(C) the estimated costs and projected schedules 
                necessary for the completion of such programs; and
                    ``(D) other pertinent information; and
            ``(2) identify existing and potential research and 
        development programs and acquisition programs that are suitable 
        alternatives for programs considered pursuant to paragraph (1).
    ``(d) Annual Reporting Requirement.--The Secretary of Defense shall 
include in the annual report submitted to Congress pursuant to section 
113(c) of this title an assessment of the progress made in implementing 
the policy stated in subsection (a). The Secretary shall use data from 
existing management systems in making the assessment.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2219. Performance based management: acquisition programs.''.
    (b) Enhanced System of Performance Incentives.--Within one year 
after the date of the enactment of this division, the Secretary of 
Defense shall review the incentives and personnel actions available to 
the Secretary for encouraging excellence in the defense acquisition 
workforce and provide an enhanced system of incentives for the 
encouragement of excellence in such workforce. The enhanced system of 
incentives shall, to the maximum extent consistent with applicable 
law--
            (1) relate pay to performance (including the extent to 
        which the performance of personnel in such workforce 
        contributes to achieving the cost goals, schedule goals, and 
        performance goals established for acquisition programs of the 
        department pursuant to section 2219(b) of title 10, as added by 
        subsection (a)); and
            (2) provide for consideration, in personnel evaluations and 
        promotion decisions, of the extent to which the performance of 
        personnel in such workforce contributes to achieving the cost 
        goals, schedule goals, and performance goals established for 
        acquisition programs of the department pursuant to section 
        2219(b) of title 10, United States Code, as added by subsection 
        (a).
    (c) Recommended Legislation.--Not later than one year after the 
date of the enactment of this division, the Secretary of Defense shall 
submit to Congress any recommended legislation that the Secretary 
considers necessary to carry out section 2219 of title 10, United 
States Code, as added by subsection (a), and otherwise to facilitate 
and enhance management of Department of Defense acquisition programs 
and the defense acquisition workforce on the basis of performance.

SEC. 45002. RESULTS ORIENTED ACQUISITION PROGRAM CYCLE.

    The Secretary of Defense shall define in regulations a simplified 
acquisition program cycle that is results-oriented. The Secretary shall 
consider including in the regulations provisions for the following:
            (1) Program phases as follows:
                    (A) An integrated decision team meeting which--
                            (i) may be requested by a potential user of 
                        the system or component to be acquired, the 
                        head of a laboratory, or a program office on 
                        such bases as the emergence of a new military 
                        requirement, cost savings opportunity, or new 
                        technology opportunity;
                            (ii) is conducted by an acquisition program 
                        executive officer; and
                            (iii) is usually completed within 1 to 3 
                        months.
                    (B) A prototype development and testing phase 
                which--
                            (i) includes operational tests and concerns 
                        relating to manufacturing operations and life 
                        cycle support;
                            (ii) is usually completed within 6 to 36 
                        months; and
                            (iii) produces sufficient numbers of 
                        prototypes to assess operational utility.
                    (C) Product integration, development, and testing 
                which--
                            (i) includes full-scale development, 
                        operational testing, and integration of 
                        components; and
                            (ii) is usually completed within 1 to 5 
                        years.
                    (D) Production, integration into existing systems, 
                or production and integration into existing systems.
            (2) An acquisition program approval process for major 
        program decisions which consists of the following:
                    (A) One major decision point--
                            (i) which occurs for an acquisition program 
                        before the program proceeds into product 
                        integration and development; and
                            (ii) at which the Under Secretary of 
                        Defense for Acquisition and Technology, in 
                        consultation with the Vice Chairman of the 
                        Joint Chiefs of Staff reviews the program, 
                        determines whether the program should continue 
                        to be carried out beyond product integration 
                        and development, and decides whether to commit 
                        to further development, to require further 
                        prototyping, or to terminate the program.
                    (B) Consideration of the potential benefits, 
                affordability, needs, and risks of an acquisition 
                program in the review of the acquisition program.

SEC. 45003. DEFENSE ACQUISITION PILOT PROGRAM DESIGNATIONS.

    (a) Programs and Waivers.--The National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160) is amended by inserting the 
following new section at the end of subtitle D of title VIII:

``SEC. 840. DEFENSE ACQUISITION PILOT PROGRAM DESIGNATIONS.

    ``(a) Eligible Programs.--The Secretary of Defense is authorized to 
designate the following defense acquisition programs for participation 
in the defense acquisition pilot program authorized by section 809 of 
the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 
2430 note):
            ``(1) Defense Personnel Support Center medical, clothing 
        and textile, and subsistence programs with respect to the 
        following:
                    ``(A) All contracts for processed fruits and 
                vegetables and frozen seafood items for both depot 
                stock and direct vendor delivery.
                    ``(B) All contracts in the subsistence prime vendor 
                program for grocery items.
                    ``(C) All contracts in the Mail Order Pharmacy 
                Program, the prime vendor programs for pharmaceuticals 
                and for medical surgical items for delivery to military 
                hospitals.
                    ``(D) All contracts in the medical electronic 
                commerce program for acquisition for depot stock and 
                direct vendor delivery.
                    ``(E) All contracts for the following items: dress 
                coats (small lots), dress coats, duffel bags, Navy work 
                clothing, general purpose tents, suitcases, gloves for 
                electrical workers, boot flyers, socks, drawers, 
                undershirts, and items offered under the Broad Agency 
                Announcements for Clothing and Textiles Advanced 
                Business Practices Demonstration Program.
            ``(2) The Fire Support Combined Arms Tactical Trainer 
        program with respect to all contracts directly related to the 
        procurement of a training system (including related hardware, 
        software, and subsystems) to perform collective training of 
        field artillery gunnery team components with development of 
        software as required to generate the training exercises and 
        component interfaces.
            ``(3) The Joint Direct Attack Munition program (JDAM I) 
        with respect to all contracts directly related to the 
        development and procurement of a strap-on guidance kit, using 
        an inertially guided, Global Positioning System updated 
        guidance kit for inventory 1,000 and 2,000 pound bombs.
            ``(4) The Joint Primary Aircraft Training System (JPATS) 
        with respect to all contracts directly related to the 
        acquisition of a new primary trainer aircraft to fulfill Air 
        Force and Navy joint undergraduate aviation training 
        requirements, and an associated ground-based training system 
        consisting of air crew training devices (simulators), 
        courseware, a Training Management System, and contractor 
        support for the life of the system.
            ``(5) The Commercial Derivatives Aircraft program with 
        respect to all contracts directly related to the acquisition or 
        upgrading of civil-derivative aircraft for use in (A) foreign 
        military sales of Airborne Warning and Control Systems to 
        foreign governments with modifications of a type customarily 
        provided to commercial customers, or (B) future Air Force 
        airlift and tanker requirements.
            ``(6) The Commercial Derivative Engine program with respect 
        to all contracts directly related to the acquisition of (A) 
        commercially derived engines (including spare engines), 
        logistics support equipment, technical orders, management data, 
        and initial spare parts for use in the C-17A production line, 
        and (B) commercially derived engines to support the purchase of 
        commercial-derivative aircraft to meet future Air Force airlift 
        and tanker requirements, including engine replacement and 
        upgrades.
    ``(b) Waiver Authority.--Subject to section 809(c) of the National 
Defense Authorization Act for Fiscal Year 1991, the Secretary of 
Defense is authorized--
            ``(1) to apply any amendment or repeal of a provision of 
        law made in the Federal Acquisition Streamlining Act of 1994 to 
        the programs described in subsection (a) before the effective 
        date of such amendment or repeal; and
            ``(2) to apply to a procurement of noncommercial items 
        under such programs--
                    ``(A) any authority provided in such Act (or in an 
                amendment made by a provision of such Act) to waive a 
                provision of law in the case of commercial items, and
                    ``(B) any exception applicable under such Act (or 
                an amendment made by a provision of such Act) in the 
                case of commercial items,
        before the effective date of such provision (or amendment) to 
        the extent that the Secretary determines necessary to test the 
        application of such waiver or exception to procurements of 
        noncommercial items.
    ``(c) Pilot Program Implementation.--In exercising the authority 
provided in section 809 of the National Defense Authorization Act for 
1991, and in accordance with sections 833 through 839 of this Act, the 
Secretary of Defense, shall take the following actions:
            ``(1) Mission-oriented program management.--For one or more 
        of the defense acquisition programs designated for 
        participation in the defense acquisition pilot program, 
        prescribe and implement procedures which--
                    ``(A) provide for interaction between the program 
                manager and the commander of the operational command 
                responsible for the requirement for the equipment 
                acquired;
                    ``(B) include provisions for a determination by the 
                commander that items proposed for procurement fulfill 
                the need defined in approved requirements documents; 
                and
                    ``(C) may include a role for the operational 
                commander in decision making for program milestone 
                decisions and performance of acceptance testing of 
                items acquired.
            ``(2) Savings objectives.--Not later than 45 days after the 
        date of enactment of the Federal Acquisition Streamlining Act 
        of 1994, identify for each defense acquisition program 
        participating in the pilot program quantitative measures and 
        goals for reducing acquisition management costs.
            ``(3) Program phases.--For each defense acquisition program 
        participating in the pilot program, incorporate in an approved 
        acquisition strategy a program review process that provides 
        senior acquisition officials with reports that--
                    ``(A) contain essential information on program 
                results at quarterly intervals;
                    ``(B) reduce data requirements from the current 
                major program review reporting requirements; and
                    ``(C) include data on program costs estimates, 
                actual expenditures, performance estimates, performance 
                data from tests, and, consistent with existing 
                statutes, the minimum necessary other data items 
                required to ensure the appropriate expenditure of funds 
                appropriated for that program.
            ``(4) Program work force policies.--With regard to the 
        review of incentives and personnel actions required under 
        section 836 of this Act--
                    ``(A) not later than 60 days after the date of the 
                enactment of the Federal Acquisition Streamlining Act 
                of 1994--
                            ``(i) complete the review; and
                            ``(ii) on the basis of the review, define 
                        one or more systems that relate incentives, 
                        including pay, to achievement of budgets, 
                        schedules, and performance requirements;
                    ``(B) not later than 120 days after the date of the 
                enactment of the Federal Acquisition Streamlining Act 
                of 1994--
                            ``(i) apply such a system of incentives to 
                        not less than one defense acquisition program 
                        participating in the pilot program; and
                            ``(ii) provide for an assessment of the 
                        effectiveness of that system; and
                    ``(C) incorporate the results of actions taken 
                pursuant to this paragraph into the development of 
                regulations for the implementation of section 45001(b) 
                of the Federal Acquisition Streamlining Act of 1994.
            ``(5) Efficient contracting process.--Take any additional 
        actions that the Secretary considers necessary to waive 
        regulations, not required by statute, that affect the 
        efficiency of the contracting process, including, in the 
        Secretary's discretion, defining alternative techniques to 
        reduce reliance on military specifications and standards in 
        contracts for the defense acquisition programs participating in 
        the pilot program.
            ``(6) Contract administration: performance based contract 
        management.--For at least one participating defense acquisition 
        program for which a determination is made to make payments for 
        work in progress under the authority of section 2307 of title 
        10, United States Code, define payment milestones on the basis 
        of quantitative measures of results.
            ``(7) Contractor performance assessment.--Collect and 
        evaluate performance information on each contract entered into 
        for a defense acquisition program participating in the pilot 
        program, including information on cost, schedule, and technical 
        performance for each contractor supporting a participating 
        program.
    ``(d) Applicability.--(1) Subsection (b) applies with respect to--
            ``(A) a contract that is awarded or modified during the 
        period described in paragraph (2); and
            ``(B) a contract that is awarded before the beginning of 
        such period and is to be performed (or may be performed), in 
        whole or in part, during such period.
    ``(2) The period referred to in paragraph (1) is the period that 
begins 45 days after the date of the enactment of the Federal 
Acquisition Streamlining Act of 1994 and ends on September 30, 1998.''.
    (b) Rule of Construction.--Nothing in section 840 of the National 
Defense Authorization Act for Fiscal Year 1994, as added by subsection 
(a), shall be construed as authorizing the appropriation or obligation 
of funds for the programs designated for participation in the defense 
acquisition pilot program under the authority of subsection (a) of such 
section 840.

                Subtitle B--Civilian Agency Acquisitions

SEC. 45051. PERFORMANCE BASED MANAGEMENT.

    (a) Policy and Goals for Performance Based Management of 
Programs.--
            (1) In general.--Title III of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 301 et seq.), as 
        amended by sections 1552 and 1553, is further amended by adding 
        at the end the following new section:

          ``performance based management: acquisition programs

    ``Sec. 311. (a) Congressional Policy.--It is the policy of Congress 
that the head of each executive agency should achieve, on average, 90 
percent of the cost and schedule goals established for the research and 
development programs and acquisition programs of the agency without 
reducing the performance or capabilities of the items being acquired.
    ``(b) Establishment of Goals.--(1) The head of each executive 
agency shall approve or define the cost, performance, and schedule 
goals for major acquisition programs of the agency.
    ``(2) The chief financial officer of an executive agency shall 
evaluate the cost goals proposed for each major defense acquisition 
program of the agency.
    ``(c) Identification of Noncompliant Programs.--Whenever it is 
necessary to do so in order to implement the policy set out in 
subsection (a), the head of an executive agency shall--
            ``(1) identify and consider whether there is a continuing 
        need for programs that are significantly behind schedule, over 
        budget, or not in compliance with performance or capability 
        requirements taking into consideration--
                    ``(A) the needs of the agency known as of the time 
                of consideration;
                    ``(B) the state of the technology or technologies 
                relevant to the programs and to the needs of the 
                agency;
                    ``(C) the estimated costs and projected schedules 
                necessary for the completion of such programs; and
                    ``(D) other pertinent information; and
            ``(2) identify existing and potential research and 
        development programs and acquisition programs that are suitable 
        alternatives for programs considered pursuant to paragraph 
        (1).''.
            (2) Clerical amendment.--The table of contents in the first 
        section of such Act, as amended by sections 1552 and 1553, is 
        further amended by inserting after the item relating to section 
        310 the following new item:

``Sec. 311. Performance based management: acquisition programs.''.
    (b) Annual Reporting Requirement.--Section 6 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 405), as amended by section 
41091, is further amended by adding at the end the following new 
subsection:
    ``(k) The Administrator shall submit to Congress, on an annual 
basis, an assessment of the progress made in executive agencies in 
implementing the policy stated in section 311(a) of the Federal 
Property and Administrative Services Act of 1949. The Administrator 
shall use data from existing management systems in making the 
assessment.''.
    (c) Enhanced System of Performance Incentives.--Within one year 
after the date of the enactment of this division, the Administrator for 
Federal Procurement Policy, in consultation with appropriate officials 
in other departments and agencies of the Federal Government, shall, to 
the maximum extent consistent with applicable law--
            (1) establish policies and procedures for the heads of such 
        departments and agencies to designate acquisition positions and 
        manage employees (including the accession, education, training 
        and career development of employees) in the designated 
        acquisition positions;
            (2) extend to the acquisition workforce of the entire 
        executive branch the acquisition workforce policies contained 
        in chapter 87 of title 10, United States Code, relating to the 
        acquisition workforce of the Department of Defense; and
            (3) review the incentives and personnel actions available 
        to the heads of department and agencies of the Federal 
        Government for encouraging excellence in the acquisition 
        workforce of the Federal Government and provide an enhanced 
        system of incentives for the encouragement of excellence in 
        such workforce which--
                    (A) relates pay to performance (including the 
                extent to which the performance of personnel in such 
                workforce contributes to achieving the cost goals, 
                schedule goals, and performance goals established for 
                acquisition programs pursuant to section 311(b) of the 
                Federal Property and Administrative Services Act of 
                1949, as added by subsection (a)); and
                    (B) provides for consideration, in personnel 
                evaluations and promotion decisions, of the extent to 
                which the performance of personnel in such workforce 
                contributes to achieving such cost goals, schedule 
                goals, and performance goals.
    (d) Recommended Legislation.--Not later than one year after the 
date of the enactment of this division, the Administrator for Federal 
Procurement Policy shall submit to Congress any recommended legislation 
that the Secretary considers necessary to carry out section 311 of the 
Federal Property and Administrative Services Act of 1949, as added by 
subsection (a), and otherwise to facilitate and enhance management of 
Federal Government acquisition programs and the acquisition workforce 
of the Federal Government on the basis of performance.

SEC. 45052. RESULTS-ORIENTED ACQUISITION PROCESS.

    (a) Development of Process Required.--The Administrator for Federal 
Procurement Policy, in consultation with the heads of appropriate 
Federal agencies, shall develop a results-oriented acquisition process 
for implementation by agencies in acquisitions of property and services 
by the Federal agencies. The process shall include the identification 
of quantitative measures and standards for determining the extent to 
which an acquisition of noncommercial items by a Federal agency 
satisfies the needs for which the items are being acquired.
    (b) Inapplicability of Process to Department of Defense.--The 
process developed pursuant to subsection (a) may not be applied to the 
Department of Defense.

                       Subtitle C--Miscellaneous

SEC. 45091. CONTRACTOR EXCEPTIONAL PERFORMANCE AWARDS.

    The Office of Federal Procurement Policy Act, as amended by section 
44021, is further amended by adding at the end the following:

              ``contractor exceptional performance awards

    ``Sec. 31. (a) Establishment.--There is hereby established an 
executive branch program to recognize and promote exceptional contract 
performance by Federal Government contractors.
    ``(b) Selection.--(1) The Administrator shall ensure the 
establishment of criteria for selection of contractors to receive 
exceptional performance awards under the program.
    ``(2) The head of an executive agency may select one or more agency 
contractors to receive an exceptional performance award under the 
program.
    ``(c) Award Ceremony.--The Vice President, or the head of the 
executive agency selecting a contractor for an exceptional performance 
award, shall present the award to the contractor with such ceremony as 
the Vice President or head of the agency, as the case may be, considers 
appropriate.''.

SEC. 45092. DEPARTMENT OF DEFENSE ACQUISITION OF INTELLECTUAL PROPERTY 
              RIGHTS.

    Section 2386 of title 410, 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.''.

                    TITLE XLVI--STANDARDS OF CONDUCT

                     Subtitle A--Ethics Provisions

SEC. 46001. AMENDMENTS TO OFFICE OF FEDERAL PROCUREMENT POLICY ACT.

    (a) Recusal.--Subsection (c) of section 27 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 423) is amended--
            (1) in paragraph (1)--
                    (A) in the matter above subparagraph (A), by 
                inserting ``only'' after ``subsection (b)(1)''; and
                    (B) in subparagraph (A), by inserting ``(including 
                the modification or extension of a contract)'' after 
                ``any procurement'';
            (2) by striking out paragraphs (2) and (3) and inserting in 
        lieu thereof:
    ``(2) Whenever the head of a procuring activity approves a recusal 
under paragraph (1), a copy of the recusal request and the approval of 
the request shall be retained by such official for a period (not less 
than five years) specified in regulations prescribed in accordance with 
subsection (o).
    ``(3)(A) Except as provided in subparagraph (B), all recusal 
requests and approvals of recusal requests pursuant to this subsection 
shall be made available to the public on request.
    ``(B) Any part of a recusal request or an approval of a recusal 
request that is exempt from the disclosure requirements of section 552 
of title 5, United States Code, under subsection (b)(1) of such section 
may be withheld from disclosure to the public otherwise required under 
subparagraph (A).''; and
            (3) in paragraph (4), by striking out ``competing 
        contractor'' and inserting in lieu thereof ``person''.
    (b) Applicability of Certification Requirement.--Subsection 
(e)(7)(A) of such section is amended by adding at the end the 
following: ``However, paragraph (1)(B) does not apply with respect to a 
contract for less than $500,000.''.
    (c) Restrictions Resulting From Procurement Activities of 
Procurement Officials.--Subsection (f) of such section is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by striking out paragraphs (1) and (2) and inserting in 
        lieu thereof the following:
    ``(1) No individual who, in the year prior to separation from 
service as an officer or employee of the Government or an officer of 
the uniformed services in a covered position, participated personally 
and substantially in acquisition functions related to a contract, 
subcontract, or claim of $500,000 or more and--
            ``(A) engaged in repeated direct contact with the 
        contractor or subcontractor on matters relating to such 
        contract, subcontract, or claim; or
            ``(B) exercised significant ongoing decisionmaking 
        responsibility with respect to the contractor or subcontractor 
        on matters relating to such contract, subcontract, or claim,
shall knowingly accept or continue employment with such contractor or 
subcontractor for a period of 1 year following the individual's 
separation from service, except that such individual may accept or 
continue employment with any division or affiliate of such contractor 
or subcontractor that does not produce the same or similar products as 
the entity involved in the negotiation or performance of the contract 
or subcontract or the adjustment of the claim.
    ``(2) No contractor or subcontractor, or any officer, employee, 
agent, or consultant of such contractor or subcontractor shall 
knowingly offer, provide, or continue any employment for another 
person, if such contractor, subcontractor, officer, employee, agent, or 
consultant knows or should know that the acceptance of such employment 
is or would be in violation of paragraph (1).
    ``(3) The head of each Federal agency shall designate in writing as 
a `covered position' under this section each of the following positions 
in that agency:
            ``(A) The position of source selection authority, member of 
        a source selection evaluation board, or chief of a financial or 
        technical evaluation team, or any other position, if the 
        officer or employee in that position is likely personally to 
        exercise substantial responsibility for ongoing discretionary 
        functions in the evaluation of proposals or the selection of a 
        source for a contract in excess of $500,000.
            ``(B) The position of procuring contracting officer, or any 
        other position, if the officer or employee in that position is 
        likely personally to exercise substantial responsibility for 
        ongoing discretionary functions in the negotiation of a 
        contract in excess of $500,000 or the negotiation or settlement 
        of a claim in excess of $500,000.
            ``(C) The position of program executive officer, program 
        manager, or deputy program manager, or any other position, if 
        the officer or employee in that position is likely personally 
        to exercise similar substantial responsibility for ongoing 
        discretionary functions in the management or administration of 
        a contract in excess of $500,000.
            ``(D) The position of administrative contracting officer, 
        the position of an officer or employee assigned on a permanent 
        basis to a Government Plant Representative's Office, the 
        position of auditor, a quality assurance position, or any other 
        position, if the officer or employee in that position is likely 
        personally to exercise substantial responsibility for ongoing 
        discretionary functions in the on-site oversight of a 
        contractor's operations with respect to a contract in excess of 
        $500,000.
            ``(E) A position in which the incumbent is likely 
        personally to exercise substantial responsibility for ongoing 
        discretionary functions in operational or developmental testing 
        activities involving repeated direct contact with a contractor 
        regarding a contract in excess of $500,000.''.
    (d) Disclosure of Proprietary or Source Selection Information to 
Unauthorized Persons.--Subsection (l) of such section is amended--
            (1) by inserting ``who are likely to be involved in 
        contracts, modifications, or extensions in excess of $25,000'' 
        in the first sentence after ``its procurement officials''; and
            (2) by striking out ``(e)'' each place it appears and 
        inserting in each such place ``(f)''.
    (e) Rules of Construction.--Subsection (n) of such section is 
amended to read as follows:
    ``(n) Rules of Construction.--Nothing in this section shall be 
construed to--
            ``(1) authorize the withholding of any information from the 
        Congress, any committee or subcommittee thereof, a Federal 
        agency, any board of contract appeals of a Federal agency, the 
        Comptroller General, or an inspector general of a Federal 
        agency;
            ``(2) restrict the disclosure of information to, or receipt 
        of information by, any person or class of persons authorized, 
        in accordance with applicable agency regulations or procedures, 
        to receive that information;
            ``(3) restrict a contractor from disclosing its own 
        proprietary information or the recipient of information so 
        disclosed by a contractor from receiving such information; or
            ``(4) restrict the disclosure or receipt of information 
        relating to a Federal agency procurement that has been canceled 
        by the agency and that the contracting officer concerned 
        determines in writing is not likely to be resumed.''.
    (f) Term To Be Defined in Regulations.--Subsection (o)(2)(A) of 
such section is amended--
            (1) by inserting ``money, gratuity, or other'' before 
        ``thing of value'''; and
            (2) by inserting before the semicolon ``and such other 
        exceptions as may be adopted on a Governmentwide basis under 
        section 7353 of title 5, United States Code''.
    (g) Terms Defined in Law.--Subsection (p) of such section is 
amended--
            (1) in paragraph (1) by striking out ``clauses (i)-(viii)'' 
        and inserting in lieu thereof ``clauses (i) through (vii)'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking out clause (i);
                            (ii) by redesignating clauses (ii), (iii), 
                        (iv), (v), (vi), (vii), and (viii) as clauses 
                        (i), (ii), (iii), (iv), (v), (vi), and (vii), 
                        respectively; and
                            (iii) in clause (i) (as redesignated by 
                        subclause (II) of this clause), by striking out 
                        ``review and approval of a specification'' and 
                        inserting in lieu thereof ``approval or 
                        issuance of a specification, acquisition plan, 
                        procurement request, or requisition''; and
                    (B) in subparagraph (B), by striking out all after 
                ``includes'' and inserting in lieu thereof the 
                following: ``any individual acting on behalf of, or 
                providing advice to, the agency with respect to any 
                phase of the agency procurement concerned, regardless 
                of whether such individual is a consultant, expert, or 
                adviser, or an officer or employee of a contractor or 
                subcontractor (other than a competing contractor).''; 
                and
            (3) in paragraph (6)(A), by inserting ``nonpublic'' before 
        ``information''.

SEC. 46002. AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    Section 208(a) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Except as permitted''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(2) Whoever knowingly aids, abets, counsels, commands, induces, 
or procures conduct prohibited by this section shall be subject to the 
penalties set forth in section 216 of this title.''.

SEC. 46003. REPEAL OF SUPERSEDED AND OBSOLETE LAWS.

    (a) Repeal.--The following provisions of law are repealed:
            (1) Sections 2207, 2397, 2397a, 2397b, and 2397c of title 
        10, United States Code.
            (2) Section 281 of title 18, United States Code.
            (3) Section 801 of title 37, United States Code.
            (4) Part A of title VI of the Department of Energy 
        Organization Act (42 U.S.C. 7211 through 7218).
    (b) Clerical Amendments.--
            (1) Title 10.--Part IV of subtitle A of title 10, United 
        States Code, is amended--
                    (A) in the table of sections at the beginning of 
                chapter 131, by striking out the item relating to 
                section 2207; and
                    (B) in the table of sections for chapter 141, by 
                striking out the items relating to sections 2397, 
                2397a, 2397b, and 2397c.
            (2) Title 18.--The table of sections for chapter 15 of 
        title 18, United States Code, is amended by striking out the 
        item relating to section 281.
            (3) Title 37.--The table of sections for chapter 15 of 
        title 37, United States Code, is amended by striking out the 
        item relating to section 801.
            (4) Department of energy organization act.--The table of 
        contents for the Department of Energy Organization Act is 
        amended by striking out the matter relating to part A of title 
        VI.

SEC. 46004. IMPLEMENTATION.

    (a) Regulations.--Not later than 180 days after the date of the 
enactment of this division, regulations implementing the amendments 
made by section 46001 to section 27 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 423), including definitions of the 
terms used in subsection (f) of such section, shall be issued in 
accordance with sections 6 and 25 of such Act (41 U.S.C. 405 and 521) 
after coordination with the Director of the Office of Government 
Ethics.
    (b) Savings Provisions.--
            (1) Contractor certifications.--No officer, employee, 
        agent, representative, or consultant of a contractor who has 
        signed a certification under section 27(e)(1)(B) of the Office 
        of Federal Procurement Policy Act (41 U.S.C. 423(e)(1)(B)) 
        before the effective date of this division shall be required to 
        sign a new certification as a result of the enactment of this 
        division.
            (2) Federal procurement official certifications.--No 
        procurement official of a Federal agency who has signed a 
        certification under section 27(l) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 423(l)) before the date of 
        enactment of this division shall be required to sign a new 
        certification as a result of the enactment of this division.
    (c) Inspector General Reports.--Not later than May 31 of each of 
the years 1995 through 1998, the Inspector General of each Federal 
agency (or, in the case of a Federal agency that does not have an 
Inspector General, the head of such agency) shall submit to Congress a 
report on the compliance by the agency during the preceding year with 
the requirement for the head of the agency to designate covered 
procurement positions under section 27(f)(3) of the Office of Federal 
Procurement Policy Act (as added by section 46001(c)).

                   Subtitle B--Additional Amendments

SEC. 46051. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL PERSONNEL.

    (a) Amendment of OFPP Act.--The Office of Federal Procurement 
Policy Act, as amended by section 41092, is further amended by 
inserting after section 22 the following new section 23:

         ``contracting functions performed by federal personnel

    ``Sec. 23. (a) Limitation on Payment for Advisory and Assistance 
Services.--(1) No person who is not a person described in subsection 
(b) may be paid by an agency for services to conduct evaluations or 
analyses of any aspect of a proposal submitted for an acquisition 
unless personnel described in subsection (b) with adequate training and 
capabilities to perform such evaluations and analyses are not readily 
available within the agency or another Federal agency, as determined in 
accordance with standards and procedures prescribed in the Federal 
Acquisition Regulation.
    ``(2) In the administration of this subsection, the head of each 
agency shall determine in accordance with the standards and procedures 
set forth in the Federal Acquisition Regulation whether--
            ``(A) a sufficient number of personnel described in 
        subsection (b) within the agency or another Federal agency are 
        readily available to perform a particular evaluation or 
        analysis for the agency head making the determination; and
            ``(B) the readily available personnel have the training and 
        capabilities necessary to perform the evaluation or analysis.
    ``(b) Covered Personnel.--For purposes of subsection (a), the 
personnel described in this subsection are as follows:
            ``(1) An employee, as defined in section 2105 of title 5, 
        United States Code.
            ``(2) A member of the Armed Forces of the United States.
            ``(3) A person assigned to a Federal agency pursuant to 
        subchapter VI of chapter 33 of title 5, United States Code.
    ``(c) Rule of Construction.--Nothing in this section is intended to 
affect the relationship between the Federal Government and a federally 
funded research and development center.''.
    (b) Requirement for Guidance and Regulations.--Not later than 90 
days after the date of the enactment of this division, the Federal 
Acquisition Regulatory Council established by section 25(a) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall--
            (1) review part 37 of title 48 of the Code of Federal 
        Regulations as it relates to the use of advisory and assistance 
        services; and
            (2) provide guidance and promulgate regulations regarding--
                    (A) what actions Federal agencies are required to 
                take to determine whether expertise is readily 
                available within the Federal Government before 
                contracting for advisory and technical services to 
                conduct acquisitions; and
                    (B) the manner in which personnel with expertise 
                may be shared with agencies needing expertise for such 
                acquisitions.

SEC. 46052. REPEAL OF EXECUTED REQUIREMENT FOR STUDY AND REPORT.

    Section 17 of the Office of Federal Procurement Policy Act (41 
U.S.C. 415) is repealed.

SEC. 46053. INTERESTS OF MEMBERS OF CONGRESS.

    Section 3741 of the Revised Statutes (41 U.S.C. 22) is amended to 
read as follows:
    ``No member of Congress shall be admitted to any share or part of 
any contract or agreement made, entered into, or accepted by or on 
behalf of the United States, or to any benefit to arise thereupon.''.

SEC. 46054. WAITING PERIOD FOR SIGNIFICANT CHANGES PROPOSED FOR 
              ACQUISITION REGULATIONS.

    (a) Increased Period.--Section 22(a) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 418b) is amended--
            (1) by striking out ``30 days'' and inserting in lieu 
        thereof ``60 days''; and
            (2) by adding at the end the following: ``Notwithstanding 
        the preceding sentence, such a policy, regulation, procedure, 
        or form may take effect earlier than 60 days after the 
        publication date when there are compelling circumstances for 
        the earlier effective date, but in no event may that effective 
        date be less than 30 days after the publication date.''.
    (b) Technical Amendment.--Section 22(d) of such Act is amended by 
designating the second sentence as paragraph (3).

                  Subtitle C--Whistleblower Protection

SEC. 46101. ARMED SERVICES PROCUREMENTS.

    (a) Whistleblower Protections for Contractor Employees.--Section 
2409 of title 10, United States Code, is amended--
            (1) by striking out subsection (d);
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Remedy and Enforcement Authority.--(1) If the Secretary of 
Defense determines that a defense contractor has subjected a person to 
a reprisal prohibited by subsection (a), the Secretary may take one or 
more of the following actions:
            ``(A) Order the defense contractor to take affirmative 
        action to abate the reprisal.
            ``(B) Order the defense contractor to reinstate the person 
        to the position that the person held before the reprisal, 
        together with the compensation (including back pay), employment 
        benefits, and other terms and conditions of employment that 
        would apply to the person in that position if the reprisal had 
        not been taken.
            ``(C) Order the defense contractor to pay the complainant 
        an amount equal to the aggregate amount of all costs and 
        expenses (including attorney's fees and expert witnesses' fees) 
        that were reasonably incurred by the complainant for, or in 
        connection with, bringing the complaint regarding the reprisal, 
        as determined by the Secretary.
    ``(2) Whenever a person fails to comply with an order issued under 
paragraph (1), the Secretary shall file an action for enforcement of 
such order in the United States district court for a district in which 
the reprisal was found to have occurred. In any action brought under 
this paragraph, the court may grant appropriate relief, including 
injunctive relief and compensatory and exemplary damages.
    ``(3) Any person adversely affected or aggrieved by an order issued 
under paragraph (1) may obtain review of the order's conformance with 
this subsection, and any regulations issued to carry out this section, 
in the United States court of appeals for a circuit in which the 
reprisal is alleged in the order to have occurred. No petition seeking 
such review may be filed more than 60 days after issuance of the 
Secretary's order. Review shall conform to chapter 7 of title 5.''.
    (b) Related Law.--
            (1) Repeal.--Section 2409a of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 141 of such title is amended by striking 
        out the item relating to section 2409a.

SEC. 46102. GOVERNMENTWIDE WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR 
              EMPLOYEES.

    The Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
seq.), as amended by section 45091, is further amended by adding at the 
end the following new section:

  ``contractor employees: protection from reprisal for disclosure of 
                          certain information

    ``Sec. 32. (a) Prohibition of Reprisals.--An employee of an 
executive agency contractor may not be discharged, demoted, or 
otherwise discriminated against as a reprisal for disclosing to a 
Member of Congress or an authorized official of the agency or the 
Department of Justice information relating to a substantial violation 
of law related to an agency contract (including the competition for or 
negotiation of an agency contract).
    ``(b) Investigation of Complaints.--A person who believes that the 
person has been subjected to a reprisal prohibited by subsection (a) 
may submit a complaint to the Inspector General of the executive 
agency. Unless the Inspector General determines that the complaint is 
frivolous, the Inspector General shall investigate the complaint and, 
upon completion of such investigation, submit a report of the findings 
of the investigation to the person, the contractor concerned, and the 
head of the agency. In the case of an executive agency that does not 
have an inspector general, the duties of the inspector general under 
this section shall be performed by an official designated by the agency 
head.
    ``(c) Remedy and Enforcement Authority.--(1) If the head of an 
executive agency determines that an agency contractor has subjected a 
person to a reprisal prohibited by subsection (a), the agency head may 
take one or more of the following actions:
            ``(A) Order the contractor to take affirmative action to 
        abate the reprisal.
            ``(B) Order the contractor to reinstate the person to the 
        position that the person held before the reprisal, together 
        with the compensation (including back pay), employment 
        benefits, and other terms and conditions of employment that 
        would apply to the person in that position if the reprisal had 
        not been taken.
            ``(C) Order the contractor to pay the complainant an amount 
        equal to the aggregate amount of all costs and expenses 
        (including attorney's fees and expert witnesses' fees) that 
        were reasonably incurred by the complainant for, or in 
        connection with, bringing the complaint regarding the reprisal, 
        as determined by the Secretary.
    ``(2) Whenever a person fails to comply with an order issued under 
paragraph (1), the agency head shall file an action for enforcement of 
such order in the United States district court for a district in which 
the reprisal was found to have occurred. In any action brought under 
this paragraph, the court may grant appropriate relief, including 
injunctive relief and compensatory and exemplary damages.
    ``(3) Any person adversely affected or aggrieved by an order issued 
under paragraph (1) may obtain review of the order's conformance with 
this subsection, and any regulations issued to carry out this section, 
in the United States court of appeals for a circuit in which the 
reprisal is alleged in the order to have occurred. No petition seeking 
such review may be filed more than 60 days after issuance of the agency 
head's order. Review shall conform to chapter 7 of title 5, United 
States Code.
    ``(d) Construction.--Nothing in this section may be construed to 
authorize the discharge of, demotion of, or discrimination against an 
employee for a disclosure other than a disclosure protected by 
subsection (a) or to modify or derogate from a right or remedy 
otherwise available to the employee.
    ``(e) Coordination With Other Law.--This section does not apply 
with respect to the Department of Defense. For the corresponding 
provision of law applicable to the Department of Defense, see section 
2409 of title 10, United States Code.
    ``(f) Definition.--In this section, the term `Inspector General' 
means an Inspector General appointed under the Inspector General Act of 
1978.''.

               TITLE XLVII--DEFENSE TRADE AND COOPERATION

SEC. 47001. PURCHASES OF FOREIGN GOODS.

    (a) Repeal of Executed Requirements.--
            (1) Requirement for policy guidance.--Title III of the Act 
        of March 3, 1933 (41 U.S.C. 10a et seq.), commonly referred to 
        as the ``Buy American Act'', is amended in section 4(g) (41 
        U.S.C. 10b-1(g)) by striking out paragraphs (2)(C) and (3).
            (2) Reporting requirement.--Section 9096(b) of Public Law 
        102-396 (106 Stat. 1924; 41 U.S.C. 10b-2(b)) is repealed.
    (b) Repeal of Redundant Provision.--
            (1) Consideration of national security objectives.--Section 
        2327 of title 10, United States Code, is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 137 of such title is amended by striking 
        out the item relating to section 2327.

SEC. 47002. INTERNATIONAL COOPERATIVE AGREEMENTS.

    (a) Terminology Revisions.--Section 2531 of title 10, United States 
Code, is amended--
            (1) in the subsection captions for subsections (a) and (c), 
        by striking out ``MOUs and Related'' and inserting in lieu 
        thereof ``International'';
            (2) in subsection (a), by striking out ``proposed 
        memorandum of understanding, or any existing or proposed 
        agreement related to a memorandum of understanding,'' in the 
        matter above paragraph (1) and inserting in lieu thereof 
        ``proposed international agreement, including a memorandum of 
        understanding,'';
            (3) by striking out ``memorandum of understanding or 
        related agreement'' each place it appears and inserting in lieu 
        thereof ``international agreement'';
            (4) in subsection (b), by striking out ``memorandum or 
        related agreement'' each place it appears in the second 
        sentence and inserting in lieu thereof ``international 
        agreement''; and
            (5) in subsection (c)--
                    (A) by striking out ``A'' after ``Agreements.--'' 
                and inserting in lieu thereof ``An''; and
                    (B) by striking out ``memorandum or agreement'' and 
                inserting in lieu thereof ``international agreement''.
    (b) Expanded Scope of Agreements.--Section 2531(a) of title 10, 
United States Code, is amended by striking out ``research, development, 
or production'' in the matter above paragraph (1) and inserting in lieu 
thereof ``research, development, production, or logistics support''.
    (c) Clerical Amendments.--
            (1) Section heading.--The heading of section 2531 of title 
        10, United States Code, is amended to read as follows:
``Sec. 2531. Defense international agreements''.
            (2) Table of sections.--The item relating to such section 
        in the table of sections at the beginning of subchapter V of 
        chapter 148 of such title is amended to read as follows:

``2531. Defense international agreements.''.

SEC. 47003. ACQUISITION, CROSS-SERVICING AGREEMENTS, AND 
              STANDARDIZATION.

    (a) Limited Waiver of Restrictions on Accrued Reimbursable 
Liabilities and Credits for Contingency Operations.--Section 2347 of 
title 10, United States Code, is amended by adding at the end the 
following new subsection:
    ``(c) The Secretary of Defense may waive the restrictions in 
subsections (a) and (b) for a period not to exceed 180 days upon a 
written determination that the armed forces are involved in a 
contingency operation or that involvement of the armed forces in a 
contingency operation is imminent. Upon making such a determination, 
the Secretary shall transmit a copy of the determination to the 
Committees on Armed Services of the Senate and House of 
Representatives.''.
    (b) Communications Support.--Section 2350f of title 10, United 
States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d)(1) Nothing in this section shall be construed to limit the 
authority of the Secretary of Defense, without a formal bilateral 
agreement or multilateral arrangement, to furnish communications 
support and related supplies to, or receive communications support and 
related supplies from, an allied country in accordance with this 
subsection.
    ``(2) The Secretary of Defense may furnish or receive such support 
and supplies on a reciprocal basis for a period not to exceed 90 days--
            ``(A) in order to meet emerging operational requirements of 
        the United States and the allied country; or
            ``(B) incident to a joint military exercise with the allied 
        country.
    ``(3) If interconnection of communication circuits is maintained 
for joint or multilateral defense purposes under the authority of this 
subsection, the costs of maintaining such circuits may be allocated 
among the various users.''.

                     TITLE XLVIII--COMMERCIAL ITEMS

SEC. 48001. DEFINITIONS.

    Section 4 of the Office of Federal Procurement Policy Act (41 
U.S.C. 403), as amended by section 44001(a), is further amended--
            (1) by striking out ``Act--''and inserting in lieu thereof 
        ``Act:'';
            (2) by capitalizing the initial letter in the first word of 
        each paragraph;
            (3) by striking out the semicolon at the end of each of 
        paragraphs (1), (2), (3), (5), (6), (7), (8), and (9) and 
        inserting in lieu thereof a period;
            (4) in paragraphs (4) and (10), by striking out ``; and'' 
        at the end and inserting in lieu thereof a period; and
            (5) by adding at the end the following new paragraphs:
            ``(12) The term `commercial item' means--
                    ``(A) property, other than real property, that is 
                of a type customarily used by the general public or by 
                nongovernmental entities in the course of normal 
                business operations for purposes other than 
                governmental purposes and--
                            ``(i) has been sold, leased, or licensed to 
                        the general public;
                            ``(ii) has not been sold, leased, or 
                        licensed to the general public but has been 
                        offered for sale, lease, or license to the 
                        general public; or
                            ``(iii) is not yet available in the 
                        commercial marketplace but will be made 
                        available for commercial delivery within a 
                        reasonable period;
                    ``(B) any item 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 subparagraph (A);
                    ``(C) any combination of items meeting the 
                requirements of subparagraph (A), (B), or (D) that are 
                of a type customarily combined and sold in combination 
                to the general public;
                    ``(D) installation services, maintenance services, 
                repair services, training services, and other services 
                if such services are procured for support of an item 
                referred to in subparagraph (A), (B), or (C) and if the 
                source of such services--
                            ``(i) offers such services to the general 
                        public and the Federal Government 
                        contemporaneously and under similar terms and 
                        conditions; and
                            ``(ii) offers to use the same work force 
                        for providing the Federal Government with such 
                        services as the source uses for providing such 
                        services to the general public; and
                    ``(E) any item, combination of items, or service 
                referred to in subparagraph (A), (B), (C), or (D), 
                regardless of whether the item, combination of items, 
                or service is transferred between or among separate 
                divisions, subsidiaries, or affiliates of a contractor.
            ``(13) The term `nondevelopmental item' means--
                    ``(A) any commercial item;
                    ``(B) any previously developed item of supply that 
                is in use by a department or agency of the United 
                States, a State or local government, or a foreign 
                government with which the United States has a mutual 
                defense cooperation agreement;
                    ``(C) any item of supply described in subparagraph 
                (A) or (B) that requires only minor modification of the 
                type normally available in the commercial marketplace 
                in order to meet the requirements of the procuring 
                department or agency; or
                    ``(D) any item of supply currently being produced 
                that does not meet the requirements of subparagraph 
                (A), (B), or (C) solely because the item--
                            ``(i) is not yet in use; or
                            ``(ii) is not yet available in the 
                        commercial marketplace.
            ``(14) The term `component' means any item supplied to the 
        Federal Government as part of an end item or of another 
        component.
            ``(15) The term `commercial component' means any component 
        that is a commercial item.''.

SEC. 48002. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS AND 
              NONDEVELOPMENTAL ITEMS.

    (a) Preference Required.--The Office of Federal Procurement Policy 
Act (41 U.S.C. 401 et seq.), as amended by section 46102, is further 
amended by adding at the end the following new section:

 ``preference for acquisition of commercial items and nondevelopmental 
                                 items

    ``Sec. 33. (a) Preference.--The head of each executive agency shall 
ensure that, to the maximum extent practicable--
            ``(1) requirements of the executive agency with respect to 
        a procurement of supplies are stated in terms of--
                    ``(A) functions to be performed;
                    ``(B) performance required; or
                    ``(C) essential physical characteristics;
            ``(2) such requirements are defined so that commercial 
        items or, to the extent that commercial items suitable to meet 
        the agency's needs are not available, other nondevelopmental 
        items may be procured to fulfill such requirements; and
            ``(3) offerors of commercial items and other 
        nondevelopmental items are provided an opportunity to compete 
        in any procurement to fill such requirements.
    ``(b) Implementation.--The head of each executive agency shall 
ensure that procurement officials in that executive agency, to the 
maximum extent practicable--
            ``(1) acquire commercial items or other nondevelopmental 
        items to meet the needs of the executive agency;
            ``(2) require prime contractors and subcontractors at all 
        levels under the executive agency contracts to incorporate 
        commercial items or other nondevelopmental items as components 
        of items supplied to the executive agency;
            ``(3) modify requirements in appropriate cases to ensure 
        that the requirements can be met by commercial items or, to the 
        extent that commercial items suitable to meet the agency's 
        needs are not available, other nondevelopmental items;
            ``(4) state specifications in terms that enable and 
        encourage bidders and offerors to supply commercial items or, 
        to the extent that commercial items suitable to meet the 
        agency's needs are not available, other nondevelopmental items 
        in response to the executive agency solicitations;
            ``(5) revise the executive agency's procurement policies, 
        practices, and procedures not required by law to reduce any 
        impediments in those policies, practices, and procedures to the 
        acquisition of commercial items; and
            ``(6) require training of appropriate personnel in the 
        acquisition of commercial items.
    ``(c) Preliminary Market Research.--(1) The head of an executive 
agency shall conduct market research appropriate to the circumstances--
            ``(A) before developing new specifications for a 
        procurement by that executive agency; and
            ``(B) before soliciting bids or proposals for a contract in 
        excess of the simplified acquisition threshold.
    ``(2) The head of an executive agency shall use the results of 
market research to determine whether there are commercial items or, to 
the extent that commercial items suitable to meet the agency's needs 
are not available, other nondevelopmental items available that--
            ``(A) meet the executive agency's requirements;
            ``(B) could be modified to meet the executive agency's 
        requirements; or
            ``(C) could meet the executive agency's requirements if 
        those requirements were modified to a reasonable extent.
    ``(3) In conducting market research, the head of an executive 
agency should not require potential sources to submit more than the 
minimum information that is necessary to make the determinations 
required in paragraph (2).''.
    (b) Repeal of Superseded Provision.--
            (1) Separate statement of preference for department of 
        defense.--Section 2325 of title 10, United States Code, is 
        repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 137 of such title is amended by striking 
        out the item relating to section 2325.

SEC. 48003. ACQUISITION OF COMMERCIAL ITEMS.

    (a) Required FAR Provisions.--The Office of Federal Procurement 
Policy Act (41 U.S.C. 401 et seq.), as amended by section 48002, is 
further amended by adding at the end the following:

 ``federal acquisition regulation provisions regarding acquisitions of 
                    commercial items and components

    ``Sec. 34. (a) Contract Clauses and Other Clauses.--(1)(A) The 
Federal Acquisition Regulation shall include one or more sets of 
contract clauses containing the required terms and conditions for the 
acquisition of commercial items and commercial components by executive 
agencies and by contractors in the performance of contracts of 
executive agencies.
    ``(B) The contract clauses referred to in subparagraph (A) shall 
include only--
            ``(i) those clauses that are required to implement 
        provisions of law or executive orders applicable to 
        acquisitions of commercial items or commercial components, as 
        the case may be;
            ``(ii) those contract clauses that are essential for the 
        protection of the Federal Government's interest in an 
        acquisition of commercial items or commercial components, as 
        the case may be; and
            ``(iii) those contract clauses that are determined to be 
        consistent with standard commercial practice.
    ``(2) Subject to paragraph (3), the Federal Acquisition Regulation 
shall require that, to the maximum extent practicable, only the 
contract clauses referred to in paragraph (1) be used in a contract, or 
be required to be used in a subcontract, for the acquisition of 
commercial items or commercial components by or for an executive 
agency.
    ``(3) The Federal Acquisition Regulation shall provide that a 
contract or subcontract referred to in paragraph (2) may contain 
contract clauses other than the contract clauses referred to in that 
paragraph only if the other clauses are essential for the protection of 
the Federal Government's interest in--
            ``(A) that contract or subcontract, as determined in 
        writing by the contracting officer for such contract; or
            ``(B) a class of contracts or subcontracts, as determined 
        by the head of an agency concerned, unless the determination of 
        that head of an agency is disapproved by the Administrator.
    ``(4) The Federal Acquisition Regulation shall provide standards 
and procedures for waiving the use of contract clauses required 
pursuant to paragraph (1), other than those required by law, including 
standards for determining the cases in which a waiver is appropriate.
    ``(b) Market Acceptance.--(1) The Federal Acquisition Regulation 
shall provide that under appropriate conditions the head of an 
executive agency may require offerors to demonstrate that the items 
offered--
            ``(A) have either--
                    ``(i) achieved commercial market acceptance; or
                    ``(ii) been satisfactorily supplied to an executive 
                agency under current or recent contracts for the same 
                or similar requirements; and
            ``(B) otherwise meet the item description, specifications, 
        or other criteria prescribed in the public notice and 
        solicitation relating to the contract.
    ``(2) The Federal Acquisition Regulation shall provide guidance to 
ensure that the criteria for determining commercial market acceptance 
include the consideration of--
            ``(A) the minimum needs of the executive agency concerned; 
        and
            ``(B) the entire relevant commercial market, including 
        small businesses.
    ``(c) Use of Firm, Fixed Price Contracts.--The Federal Acquisition 
Regulation shall include a requirement that firm, fixed price contracts 
or fixed price with economic price adjustment contracts, be used, to 
the maximum extent practicable, for the acquisition of commercial 
items.
    ``(d) Contract Quality Requirements.--The Federal Acquisition 
Regulation shall include provisions that--
            ``(1) permit, to the maximum extent practicable, a 
        contractor under a commercial items acquisition to use the 
        contractor's existing quality assurance system as a substitute 
        for compliance with a requirement for the Federal Government to 
        inspect or test the commercial items before the contractor's 
        tender of those items for acceptance by the Federal Government;
            ``(2) require that, to the maximum extent practicable, an 
        executive agency accept commercial warranties (including 
        extended warranties) offered by offerors of commercial items to 
        commercial customers and use such warranties for the repair and 
        replacement of commercial items; and
            ``(3) set forth guidance to executive agencies regarding 
        the use of past performance of items and sources as a factor in 
        contract award decisions.
    ``(e) Treatment of Transfers Between Affiliates.--The Federal 
Acquisition Regulation shall provide for a transfer of commercial items 
from one division, subsidiary, or affiliate of a contractor to another 
division, subsidiary, or affiliate of the contractor to be treated as a 
subcontract for purposes of section 35 of the Office of Federal 
Procurement Policy Act and the provisions of law amended by section 
48005 of the Federal Acquisition Streamlining Act of 1994.''.
    (b) Defense Contract Clauses.--
            (1)  Termination of dod authority.--Section 824(b) of the 
        National Defense Authorization Act for Fiscal Years 1990 and 
        1991 (Public Law 101-189; 10 U.S.C. 2325 note) shall cease to 
        be effective on the date on which the regulations implementing 
        section 34 of the Office of Federal Procurement Policy Act, as 
        added by subsection (a), become effective.
            (2) Savings provision.--Notwithstanding section 34(a) of 
        the Office of Federal Procurement Policy Act (as added by 
        subsection (a)), contracts of the Department of Defense entered 
        into before the date on which section 824(b) ceases to be 
        effective under paragraph (1), and subcontracts entered into 
        before such date under such contracts, may include clauses 
        developed pursuant to paragraphs (2) and (3) of section 824(b) 
        of the National Defense Authorization Act for Fiscal Years 1990 
        and 1991 (Public Law 101-189; 10 U.S.C. 2325 note).

SEC. 48004. CLASS WAIVER OF APPLICABILITY OF CERTAIN LAWS.

    The Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
seq.), as amended by section 48003, is further amended by adding at the 
end the following:

  ``class waiver of applicability of certain laws to acquisitions of 
                            commercial items

    ``Sec. 35. (a) In General.--The applicability of a provision of law 
described in subsection (c) that is enacted after the date of the 
enactment of the Federal Acquisition Streamlining Act of 1994 to 
contracts for the acquisition of commercial items may be waived on a 
class basis in the Federal Acquisition Regulation. Such a waiver shall 
not apply to a provision of law that expressly refers to this section 
and prohibits the waiver of that provision of law.
    ``(b) Waiver of Applicability to Subcontracts.--(1) The 
applicability of a provision of law described in subsection (c) to 
subcontracts under a contract for the acquisition of commercial items 
or a subcontract for the acquisition of commercial components may be 
waived on a class basis in the Federal Acquisition Regulation. Such a 
waiver shall not apply to a provision of law that expressly refers to 
this section and prohibits the waiver of that provision of law.
    ``(2) Nothing in this subsection shall be construed to authorize 
the waiver of the applicability of any provision of law with respect 
to--
            ``(A) any contract with a prime contractor; or
            ``(B) any subcontract under a contract with a prime 
        contractor who does not substantially transform the commercial 
        items supplied under the contract.
    ``(c) Covered Law.--A provision of law referred to in subsections 
(a) and (b) is any provision of law that, as determined by the Federal 
Acquisition Regulatory Council, sets forth policies, procedures, 
requirements, or restrictions for the procurement of property or 
services by the Federal Government.''.

SEC. 48005. INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.

    (a) Armed Services Acquisitions.--
            (1) Prohibition on contingent fees.--Section 2306(b) of 
        title 10, United States Code, as amended by section 44022(a), 
        is further amended by inserting before the period at the end of 
        the sentence added by section 44022(a) the following: ``or to a 
        contract for the acquisition of commercial items''.
            (2) Requirement to identify suppliers and sources of 
        supplies.--Paragraph (2) of section 2384(b) of title 10, United 
        States Code, is amended to read as follows:
    ``(2) The regulations prescribed pursuant to paragraph (1) do not 
apply to a contract that requires the delivery of supplies that are 
commercial items, as defined in section 2302 of this title.''.
            (3) Prohibition against doing business with certain 
        offerors or contractors.--Section 2393(d) of title 10, United 
        States Code, as amended by section 44022(e), is further amended 
        by adding at the end the following: ``The requirement shall not 
        apply in the case of a subcontract for the acquisition of 
        commercial items (as defined in section 4(12) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(12))).''.
            (4) Prohibition on limitation of subcontractor direct 
        sales.--Section 2402 of title 10, United States Code, as 
        amended by section 44022(b), is further amended by adding at 
        the end the following new subsection:
    ``(d)(1) An agreement between the contractor in a contract for the 
acquisition of commercial items and a subcontractor under such contract 
that restricts sales by such subcontractor directly to persons other 
than the contractor may not be considered to unreasonably restrict 
sales by that subcontractor to the United States in violation of the 
provision included in such contract pursuant to subsection (a) if the 
agreement does not result in the Federal Government being treated 
differently with regard to the restriction than any other prospective 
purchaser of such commercial items from that subcontractor.
    ``(2) In paragraph (1), the term `commercial item' has the meaning 
given such term in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)).''.
            (5) Contractor inventory accounting systems: standards.--
        Section 2410b of title 10, United States Code, is amended--
                    (A) by inserting ``(a) Regulations Required.--'' 
                before ``The Secretary of Defense''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Inapplicability to Acquisitions of Commercial Items.--The 
regulations prescribed pursuant to subsection (a) need not apply to a 
contract for the acquisition of commercial items (as defined in section 
4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12))).''.
            (6) Prohibition on persons convicted of defense-contract 
        related felonies.--Paragraph (4) of section 2408(a) of title 
        10, United States Code, as added by section 44022(f), is 
        amended--
                    (A) by inserting after subparagraph (A) the 
                following:
            ``(B) A contract referred to in such subparagraph that is 
        for the acquisition of commercial items (as defined in section 
        4(12) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 403(12))).''; and
                    (B) by inserting ``or (B)'' before the period at 
                the end of subparagraph (C).
    (b) Civilian Agency Acquisitions.--
            (1) Restrictions on subcontractor sales to the united 
        states.--Section 303G of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253g), as 
        amended by section 44023(b), is further amended by adding at 
        the end the following new subsection:
    ``(d) An agreement between the contractor in a contract for the 
acquisition of commercial items and a subcontractor under such contract 
that restricts sales by such subcontractor directly to persons other 
than the contractor may not be considered to unreasonably restrict 
sales by that subcontractor to the United States in violation of the 
provision included in such contract pursuant to subsection (a) if the 
agreement does not result in the Federal Government being treated 
differently with regard to the restriction than any other prospective 
purchaser of such commercial items from that subcontractor.''.
            (2) Prohibition on contingent fees.--Section 304(a) of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 254(a)), as amended by section 44023(a), is further 
        amended by inserting before the period at the end of the 
        sentence added by section 44023(a) the following: ``or to a 
        contract for the acquisition of commercial items''.
    (c) Acquisitions Generally.--
            (1) Federal water pollution control act.--Section 508 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1368) is 
        amended by adding at the end the following new subsection:
    ``(f)(1) No certification by a contractor, and no contract clause, 
may be required in the case of a contract for the acquisition of 
commercial items in order to implement a prohibition or requirement of 
this section or a prohibition or requirement issued in the 
implementation of this section.
    ``(2) In paragraph (1), the term `commercial item' has the meaning 
given such term in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)).''.
            (2) Contract work hours and safety standards act.--The 
        Contract Work Hours and Safety Standards Act (title I of the 
        Work Hours and Safety Act of 1962 (40 U.S.C. 327 et seq.)) is 
        amended by adding at the end the following new section:
    ``Sec. 108. (a) No certification by a contractor, and no contract 
clause, may be required in the case of a contract for the acquisition 
of commercial items in order to implement a prohibition or requirement 
in this title.
    ``(b) In subsection (a), the term `commercial item' has the meaning 
given such term in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)).''.
            (3) Office of federal procurement policy act requirement 
        relating to procurement integrity certifications.--Section 
        27(e)(7) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 423) is amended by adding at the end the following new 
        subparagraph:
    ``(C) This subsection does not apply to a contract for the 
acquisition of commercial items.''.
            (4) Certain provisions of the anti-kickback act of 1986.--
                    (A) Requirement for contract clause.--Section 7 of 
                the Anti-Kickback Act of 1986 (41 U.S.C. 57), as 
                amended by section 44024(b), is further amended by 
                inserting before the period at the end of subsection 
                (d) the following: ``or to a prime contract for the 
                acquisition of commercial items (as defined in section 
                4(12) of such Act (41 U.S.C. 403(12))).''.
                    (B) Inspection authority.--Section 8 of such Act 
                (41 U.S.C. 58) is amended by adding at the end the 
                following: ``This section does not apply with respect 
                to a prime contract for the acquisition of commercial 
                items (as defined in section 4(12) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403(12))).''.
            (5) Drug-free workplace act of 1988.--Section 5152(a)(1) of 
        the Drug-Free Workplace Act of 1988 (subtitle D of title V of 
        Public Law 100-690; 41 U.S.C. 701(a)(1)), as amended by section 
        44024(e), is further amended by inserting after the matter 
        inserted by such section 44024(e) the following: ``, other than 
        a contract for the procurement of commercial items (as defined 
        in section 4(12) of such Act (41 U.S.C. 403(12))),''.
            (6) Clean air act.--Section 306 of the Clean Air Act (42 
        U.S.C. 7606) is amended by adding at the end the following new 
        subsection:
    ``(f)(1) No certification by a contractor, and no contract clause, 
may be required in the case of a contract for the acquisition of 
commercial items in order to implement a prohibition or requirement of 
this section or a prohibition or requirement issued in the 
implementation of this section.
    ``(2) In paragraph (1), the term `commercial item' has the meaning 
given such term in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)).''.
            (7) Fly american requirements.--Section 1117 of the Federal 
        Aviation Act of 1958 (49 U.S.C. App. 1517) is amended by adding 
        at the end the following new subsection:
    ``(e)(1) No certification by a contractor, and no contract clause, 
may be required in the case of a contract for the transportation of 
commercial items in order to implement a requirement in this section.
    ``(2) In paragraph (1), the term `commercial item' has the meaning 
given such term in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)).''.

SEC. 48006. FLEXIBLE DEADLINES FOR SUBMISSION OF OFFERS OF COMMERCIAL 
              ITEMS.

    (a) Office of Federal Procurement Policy Act Amendment.--Section 
18(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 
416(a)) is amended by adding at the end the following new paragraph:
    ``(4) The requirements of paragraph (3)(B) do not apply to 
contracts for the purchase of commercial items. The Administrator shall 
prescribe for such contracts appropriate limits on the applicability of 
a deadline for submission of bids or proposals that is required by 
paragraph (1). Such limits shall be incorporated in the Federal 
Acquisition Regulation. The Federal Acquisition Regulation shall 
specify a minimum period for submission of a response to a solicitation 
of offers for a contract for the acquisition of commercial items.''.
    (b) Savings Provision.--The deadlines for submission of offers that 
are in effect in accordance with section 18(a) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416(a)) and section 8(e) of the Small 
Business Act (15 U.S.C. 637(e)) shall continue to apply to contracts 
for the purchase of commercial items until the limits prescribed 
pursuant to paragraph (4) of section 18(a) of the Office of Federal 
Procurement Policy Act (as added by subsection (a)) are incorporated in 
the Federal Acquisition Regulation, as required by such paragraph.

SEC. 48007. ADVOCATES FOR ACQUISITION OF COMMERCIAL AND 
              NONDEVELOPMENTAL ITEMS.

    (a) Responsibilities of the Advocate for Competition.--Section 
20(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 
418(c)) is amended to read as follows:
    ``(c) The advocate for competition for each procuring activity 
shall be responsible for promoting full and open competition, promoting 
the acquisition of commercial items and other nondevelopmental items, 
and challenging barriers to such acquisition, including such barriers 
as unnecessarily restrictive statements of need, unnecessarily detailed 
specifications, and unnecessarily burdensome contract clauses.''.
    (b) Repeal of Superseded Provision.--Section 28 of such Act (41 
U.S.C. 424) is repealed.

SEC. 48008. PROVISIONS NOT AFFECTED.

    Nothing in this title shall be construed as amending, modifying, or 
superseding, or as intended to impair or restrict authorities or 
responsibilities under--
            (1) section 111 of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 759), popularly referred to as 
        the ``Brooks Automatic Data Processing Act'';
            (2) title IX of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 541 et seq.), popularly 
        referred to as the ``Brooks Architect-Engineers Act'';
            (3) subsections (a) and (d) of section 8 of the Small 
        Business Act (15 U.S.C. 637); or
            (4) the Act of June 25, 1938 (41 U.S.C. 46-48c), that was 
        revised and reenacted in the Act of June 23, 1971 (85 Stat. 
        77), popularly referred to as the ``Javits-Wagner-O'Day Act''.

SEC. 48009. COMPTROLLER GENERAL REVIEW OF FEDERAL GOVERNMENT USE OF 
              MARKET RESEARCH.

    (a) Report Required.--Not later than 2 years after the date of the 
enactment of this division, the Comptroller General of the United 
States shall submit to the Congress a report on the use of market 
research by the Federal Government in support of the procurement of 
commercial items and nondevelopmental items.
    (b) Content of Report.--The report shall include the following:
            (1) A review of existing Federal Government market research 
        efforts to gather data concerning commercial and other 
        nondevelopmental items.
            (2) A review of the feasibility of creating a Government-
        wide data base for storing, retrieving, and analyzing market 
        data, including use of existing Federal Government resources.
            (3) Any recommendations for changes in law or regulations 
        that the Comptroller General considers appropriate.

                  TITLE XLIX--MISCELLANEOUS PROVISIONS

SEC. 49001. COMPTROLLER GENERAL REVIEW OF THE PROVISION OF LEGAL ADVICE 
              FOR INSPECTORS GENERAL.

    (a) Review and Report Required.--Not later than March 1, 1995, the 
Comptroller General of the United States shall--
            (1) conduct a review of the independence of the legal 
        services being provided to Inspectors General appointed under 
        the Inspector General Act of 1978; and
            (2) submit to Congress a report on the results of the 
        review.
    (b) Matters Required for Report.--The report shall include the 
following matters:
            (1) With respect to each department or agency of the 
        Federal Government that has an Inspector General appointed in 
        accordance with the Inspector General Act of 1978 whose only or 
        principal source of legal advice is the general counsel or 
        other chief legal officer of the department or agency, an 
        assessment of the extent of the independence of the legal 
        advisors providing advice to the Inspector General.
            (2) A comparison of the findings under the assessment 
        referred to in paragraph (1) with findings on the same matters 
        with respect to each Inspector General whose source of legal 
        advice is legal counsel accountable solely to the Inspector 
        General.

SEC. 49002. COST SAVINGS FOR OFFICIAL TRAVEL.

    (a) The Administrator of the General Services Administration, no 
later than 120 days after enactment of this section, shall issue 
guidelines to ensure that agencies promote, encourage and facilitate 
the use of frequent traveler programs offered by airlines, hotels and 
car rental vendors by Federal employees who engage in official air 
travel, for the purpose of realizing to the maximum extent practicable 
cost savings for official travel.
    (b) Any awards granted under such a frequent traveler program 
accrued through official travel shall be used only for official travel.
    (c) Within one year of enactment of this section, the Administrator 
shall report to the Congress on efforts to promote the use of frequent 
traveler programs by Federal employees.

SEC. 49003. PROMPT RESOLUTION OF AUDIT RECOMMENDATIONS.

    Federal agencies shall resolve or take corrective action on all 
Office of Inspector General audit report findings within a maximum of 
six months after their issuance, or, in the case of audits performed by 
non-Federal auditors, six months after receipt of the report by the 
Federal Government.

SEC. 49004. UNIFORM SUSPENSION AND DEBARMENT.

    (a) Within six months after the date of enactment of this division, 
regulations shall be issued providing that provisions for the 
debarment, suspension, or other exclusion of a participant in a 
procurement activity under the Federal Acquisition Regulation, or in a 
nonprocurement activity under regulations issued pursuant to Executive 
Order No. 12549, shall have government-wide effect. No agency shall 
allow a party to participate in any procurement or nonprocurement 
activity if any agency has debarred, suspended, or otherwise excluded 
(to the extent specified in the exclusion agreement) that party from 
participation in a procurement or nonprocurement activity.
    (b) The Regulations issued pursuant to subsection (a) shall provide 
that an agency may grant an exception permitting a debarred, suspended, 
or otherwise excluded party to participate in procurement activities of 
that agency to the extent exceptions are authorized under the Federal 
Acquisition Regulation, or to participate in nonprocurement activities 
of that agency to the extent exceptions are authorized under 
regulations issued pursuant to Executive Order No. 12549.
    (c) Definitions.--For the purposes of this part--
            (1) ``Procurement activities'' refers to all acquisition 
        programs and activities of the Federal Government, as defined 
        in the Federal Acquisition Regulation.
            (2) ``Nonprocurement activities'' refers to all programs 
        and activities involving Federal financial and nonfinancial 
        assistance and benefits, as covered by Executive Order No. 
        12549 and the Office of Management and Budget guidelines 
        implementing that order.
            (3) ``Agency'' refers to executive departments and 
        agencies.

              TITLE L--EFFECTIVE DATES AND IMPLEMENTATION

SEC. 50001. EFFECTIVE DATES.

    (a) Effective Date of Act.--Except as otherwise provided in this 
division, this division shall take effect on the date of the enactment 
of this Act.
    (b) Effective Date of Amendments.--Except as otherwise provided in 
this division, the amendments made by this division shall take effect 
on the date on which final implementing regulations are prescribed in 
accordance with section 50002.

SEC. 50002. IMPLEMENTING REGULATIONS.

    (a) Proposed Changes.--Proposed changes to the Federal Acquisition 
Regulation and such other proposed regulations (or changes to existing 
regulations) as may be necessary to implement this division shall be 
published in the Federal Register not later than 210 days after the 
date of the enactment of this division.
    (b) Public Comment.--The proposed regulations described in 
subsection (a) shall be made available for public comment for a period 
of not less than 60 days.
    (c) Final Regulations.--Final regulations shall be published in the 
Federal Register not later than 330 days after the date of enactment of 
this division.
    (d) Applicability.--(1) The amendments made by this division shall 
apply, in the manner prescribed in such final regulations, to any 
solicitation that is issued or any unsolicited proposal that is 
received on or after the date described in paragraph (3).
    (2) The amendments made by this division shall apply, to the extent 
and in the manner prescribed in such final regulations, to any matter 
related to--
            (A) a contract that is in effect on the date described in 
        paragraph (3);
            (B) an offer under consideration on the date described in 
        paragraph (3); or
            (C) any other proceeding or action that is ongoing on the 
        date described in paragraph (3).
    (3) The date referred to in paragraphs (1) and (2) is the date 
specified in such regulations, which--
            (A) shall not be earlier than the end of the 30-day period 
        that begins on the date the regulations required by subsection 
        (c) are published; and
            (B) shall not be later than October 1, 1995.
    (e) Requirement for Clarity.--Officers and employees of the Federal 
Government who prescribe regulations to implement this division and the 
amendments made by this division shall make every effort practicable to 
ensure that the regulations are concise and are easily understandable 
by potential offerors as well as by Government officials.
    (f) Savings Provision.--Nothing in this division shall be construed 
to affect the validity of any action taken or any contract entered into 
prior to the date specified in the regulations pursuant to subsection 
(d)(3) except to the extent and in the manner prescribed in such 
regulations.

SEC. 50003. EVALUATION BY THE COMPTROLLER GENERAL.

    (a) Evaluation Relating to Issuance of Regulations.--Not later than 
December 1, 1995, the Comptroller General shall submit to the 
committees referred to in subsection (c) a report evaluating compliance 
with the requirements in section 50002, relating to the issuance of 
implementing regulations.
    (b) Evaluation of Implementation of Regulations.--Not later than 
December 1, 1996, the Comptroller General shall submit to the 
committees referred to in subsection (c) a report evaluating the 
effectiveness of the regulations implementing this division in 
streamlining the acquisition system and fulfilling the other purposes 
of this division. The report shall include the Comptroller General's 
evaluation of the extent to which the departments and agencies of the 
Federal Government, in implementing this division and the amendments 
made by this division, are reducing acquisition management layers and 
associated costs.
    (c) Committees Designated To Receive the Reports.--The Comptroller 
General shall submit the reports required by this section to the 
Committees on Armed Services and on Governmental Affairs of the Senate 
and the Committees on Small Business on Government Operations of the 
House of Representatives.

SEC. 50004. DATA COLLECTION THROUGH THE FEDERAL PROCUREMENT DATA 
              SYSTEM.

    (a) Data Collection Required.--The Federal Procurement Data System 
described in section 6(d)(4)(A) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect from 
contracts in excess of the simplified acquisition threshold data 
pertaining to the following matters:
            (1) Contract awards made pursuant to competitions conducted 
        pursuant to section 2323 of title 10, United States Code, or 
        section 8(c) of the Small Business Act (15 U.S.C. 637(c)).
            (2) Awards to business concerns owned and controlled by 
        women.
            (3) Number of offers received in response to a 
        solicitation.
            (4) Task order contracts.
            (5) Contracts for the acquisition of commercial items.
    (b) Definition.--In this section, the term ``simplified acquisition 
threshold'' has the meaning given such term in section 4 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403).

  TITLE LI--WAIVER OF THE APPLICATION OF THE PREVAILING WAGE-SETTING 
                       REQUIREMENTS TO VOLUNTEERS

SEC. 51001. SHORT TITLE.

    This title may be cited as the ``Community Improvement Volunteer 
Act of 1994''.

SEC. 51002. PURPOSE.

    It is the purpose of this title to promote and provide more 
opportunities for people who wish to volunteer their services in the 
construction, repair or alteration (including painting and decorating) 
of public buildings and public works funded, in whole or in part, with 
Federal financial assistance authorized under certain Federal programs 
that might not otherwise be possible without the use of volunteers, by 
waiving the application of the otherwise applicable prevailing wage-
setting provisions of the Act of March 3, 1931 (commonly known as the 
``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) to such volunteers.

SEC. 51003. WAIVER.

    (a) In General.--The requirement that certain laborers and 
mechanics be paid in accordance with the wage-setting provisions of the 
Act of March 3, 1931 (commonly known as the ``Davis-Bacon Act'') (40 
U.S.C. 276a et seq.) as set forth in any of the Acts or provisions 
described in subsection (d), and the provisions relating to wages, in 
any federally assisted or insured contract or subcontract for 
construction, shall not apply to any individual--
            (1) who volunteers--
                    (A) to perform a service for a public or private 
                entity for civic, charitable, or humanitarian reasons, 
                without promise, expectation, or receipt of 
                compensation for services rendered other than expenses, 
                reasonable benefits, or a nominal fee (as defined in 
                subsection (b)), but solely for the personal purpose or 
                pleasure of the individual; and
                    (B) to provide such services freely and without 
                pressure or coercion, direct or implied, from an 
                employer;
            (2) whose contribution of service is not for the benefit of 
        any contractor otherwise performing or seeking to perform work 
        on the same project; and
            (3) who is not otherwise employed at any time under the 
        federally assisted or insured contract or subcontract involved 
        for construction with respect to the project for which the 
        individual is volunteering.
    (b) Expenses.--Payments of expenses, reasonable benefits, or a 
nominal fee may be provided to volunteers described in subsection (a) 
if the Secretary of Labor determines, after an examination of the total 
amount of payments made (relating to expenses, benefits, or fees) in 
the context of the economic realities of the specific federally 
assisted or insured project, that such payments are appropriate. 
Subject to such a determination--
            (1) a payment for an expense may be received by a volunteer 
        for items such as uniform allowances, protective gear and 
        clothing, reimbursement for approximate out-of-pocket expenses, 
        or for the cost or expense of meals and transportation;
            (2) a reasonable benefit may include the inclusion of a 
        volunteer in a group insurance plan (such as a liability, 
        health, life, disability, or worker's compensation plan) or 
        pension plan, or the awarding of a length of service award; and
            (3) a nominal fee may not be used as a substitute for 
        compensation and may not be tied to productivity.
The decision as to what constitutes a nominal fee for purposes of 
paragraph (3) shall be made on a case-by-case basis and in the context 
of the economic realities of the situation involved.
    (c) Economic Reality.--For purposes of subsection (b), in 
determining whether an expense, benefit, or fee described in such 
subsection may be paid to volunteers in the context of the economic 
realities of the particular situation, the Secretary of Labor shall not 
approve any such expense, benefit, or fee that has the effect of 
undermining labor standards by creating downward pressure on prevailing 
wages in the local construction industry.
    (d) Contracts Exempted.--For purposes of subsection (a), the Acts 
or provisions described in this subsection are the following:
            (1) The Library Services and Construction Act (20 U.S.C. 
        351 et seq.).
            (2) The Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450 et seq.).
            (3) Section 329 of the Public Health Service Act (42 U.S.C. 
        254b).
            (4) Section 330 of the Public Health Service Act (42 U.S.C. 
        254c).

SEC. 51004. REPORT.

    Not later than December 31, 1997, the Secretary of Labor shall 
prepare and submit to the appropriate committees of Congress a report 
that--
            (1) identifies and assesses, to the maximum extent 
        practicable--
                    (A) the projects for which volunteers were 
                permitted to work under this title; and
                    (B) the number of volunteers permitted to work 
                because of the compliance of entities with the 
                provisions of this title; and
            (2) contains recommendations with respect to Acts related 
        to the Davis-Bacon Act that could be addressed to permit 
        volunteer work.

            Passed the Senate July 1 (legislative day, June 7), 1994.

            Attest:






                                                             Secretary.

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