National Defense Authorization Act for Fiscal Year 1993
P.L. 102–484 (DEFENSE AUTHORIZATION, FY93)
Public Law 102–484, as amended
National Defense Authorization Act for Fiscal Year 1993
484
117–286
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20210527.1
2023-02-03
Weapons of Mass Destruction Control Act of 1992
Defense Conversion, Reinvestment, and Transition Assistance Act of 1992
Armament Retooling and Manufacturing Support Act of 1992
Army National Guard Combat Readiness Reform Act of 1992
Cuban Democracy Act of 1992
Former Soviet Union Demilitarization Act of 1992
Iran-Iraq Arms Non-Proliferation Act of 1992
Military Construction Authorization Act for Fiscal Year 1993
Panama Canal Commission Authorization Act for Fiscal Year 1993
Service Members Occupational Conversion and Training Act of 1992
National Defense Authorization Act for Fiscal Year 1993
10665
102
1992-10-23
National Defense Authorization Act for Fiscal Year 1993
[(P.L. 102–484, approved Oct. 23, 1992)]
[As Amended Through P.L. 117–286, Enacted December 27, 2022]
[Currency: This publication is a compilation of the text of Public Law 102–484. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
* * * * * * *
DIVISION A—

DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—

PROCUREMENT

subtitle A—

Funding Authorizations
* * * * * * *
subtitle E—

Defense-Wide Programs
SEC. 141.

FUNDING FOR CERTAIN TACTICAL INTELLIGENCE PROGRAMS.
(a)

Authorization.—
Of the funds authorized to be appropriated under section 104, $56,962,000 shall be available for modernizing either EP–3 Aries aircraft or RC–135 Rivet Joint aircraft.
(b)

Limitation.—
None of the funds provided under subsection (a) or funds appropriated or otherwise made available to the Department of Defense for procurement for fiscal year 1993 may be obligated for Navy EP–3 aircraft or Air Force RC–135 aircraft until the Secretary of Defense—
(1)
transmits to Congress the report referred to in section 901;
(2)
determines, in light of such report and other factors, which of those two aircraft best meets the intelligence requirements of the Department and, therefore, is to be retained in the inventory; and
(3)
transmits to the congressional defense committees—
(A)
a notification of the determination under paragraph (2); and
(B)
a determination of the total requirements for the selected aircraft, taking into consideration the contribution of related systems such as the Navy ES–3 aircraft and the Air Force U–2 and C–130 Senior Scout aircraft.
(c)

Transfer Authority.—
(1)
Upon determination of which aircraft referred to in subsection (a) best meets the intelligence requirements of the Department, and subject to the limitations in subsection (b), the Secretary of Defense may transfer the amount referred to in subsection (a) to either the Navy for procurement of EP–3 modifications or to the Air Force for procurement of RC–135 modifications, depending upon which aircraft was selected.
(2)
The transfer authority in paragraph (1) is in addition to any other transfer authority provided in this or any other Act.
* * * * * * *

subtitle G—

Chemical Demilitarization Program
* * * * * * *[Sections 172, 174, 175, and 180 repealed by section 1421(b)(2) of division A of Public Law 111–383.]
* * * * * * *
TITLE II—

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—

Authorizations
* * * * * * *
Subtitle C—

Missile Defense Programs
SEC. 231.
[10 U.S.C. 2431 note]

THEATER MISSILE DEFENSE INITIATIVE.
(a)

Establishment of Theater Missile Defense Initiative.—
The Secretary of Defense shall establish a Theater Missile Defense Initiative office within the Department of Defense. All theater and tactical missile defense activities of the Department of Defense (including all programs, projects, and activities formerly associated with the Theater Missile Defense program element of the Strategic Defense Initiative) shall be carried out under the Theater Missile Defense Initiative.
(b)

Funding for Fiscal Year 1993.—
Of the amounts appropriated pursuant to section 201 or otherwise made available to the Department of Defense for research, development, test, and evaluation for fiscal year 1993, not more than $935,000,000 may be obligated for activities of the Theater Missile Defense Initiative, of which not less than $90,000,000 shall be made available for exploration of promising concepts for naval theater missile defense.
(c)

Report.—
When the President's budget for fiscal year 1994 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report—
(1)
setting forth the proposed allocation by the Secretary of funds for the Theater Missile Defense Initiative for fiscal year 1994, shown for each program, project, and activity;
(2)
describing an updated master plan for the Theater Missile Defense Initiative that includes (A) a detailed consideration of plans for theater and tactical missile defense doctrine, training, tactics, and force structure, and (B) a detailed acquisition strategy which includes a consideration of acquisition and life-cycle costs through the year 2005 for the programs, projects, and activities associated with the Theater Missile Defense Initiative;
(3)
assessing the possible near-term contribution and cost-effectiveness for theater missile defense of exoatmospheric capabilities, to include at a minimum a consideration of—
(A)
the use of the Navy's Standard missile combined with a kick stage rocket motor and lightweight exoatmospheric projectile (LEAP); and
(B)
the use of the Patriot missile combined with a kick stage rocket motor and LEAP.
(d)

Effective Date.—
The provisions of subsections (a), (b), and (c) shall be implemented not later than 90 days after the date of the enactment of this Act
[Oct. 23, 1992.]
* * * * * * *
subtitle D—

Other Matters
SEC. 241.

MEDICAL COUNTERMEASURES AGAINST BIOWARFARE THREATS.
(a)

Funding.—
Of the amounts appropriated pursuant to section 201 for fiscal year 1993, not more than $59,670,000 shall be available for the medical component of the Biological Defense Research Program (BDRP) of the Department of Defense.
(b)

Limitations.—
(1)
Funds appropriated or otherwise made available for the Department of Defense for fiscal year 1993 may be obligated and expended for product development, and for research, development, testing, and evaluation, of medical countermeasures against biowarfare threat agents only in accordance with this section.
(2)
Of the funds made available pursuant to subsection (a), not more than $10,000,000 may be obligated or expended for research, development, test, or evaluation of medical countermeasures against far-term validated biowarfare threat agents.
(3)
Of the funds made available pursuant to subsection (a) other than funds made available pursuant to paragraph (2) for the purpose set out in that paragraph—
(A)
not more than 80 percent may be obligated and expended for product development, or for research, development, test, or evaluation, of medical countermeasures against near-term validated biowarfare threat agents; and
(B)
not more than 20 percent may be obligated or expended for product development, or for research, development, test, or evaluation, of medical countermeasures against mid-term validated biowarfare threat agents.
(c)

Definitions.—
In this section:
(1)
The term “validated biowarfare threat agent” means a biological agent that—
(A)
is named in the biological warfare threat list published by the Defense Intelligence Agency; and
(B)
is identified as a biowarfare threat by the Deputy Chief of Staff of the Army for Intelligence in accordance with Army regulations applicable to intelligence support for the medical component of the Biological Defense Research Program.
(2)
The term “near-term validated biowarfare threat agent” means a validated biowarfare threat agent that has been, or is being, developed or produced for weaponization within 5 years, as assessed and determined by the Defense Intelligence Agency.
(3)
The term “mid-term validated biowarfare threat agent” means a validated biowarfare threat agent that is an emerging biowarfare threat, is the object of research by a foreign threat country, and will be ready for weaponization in more than 5 years and less than 10 years, as assessed and determined by the Defense Intelligence Agency.
(4)
The term “far-term validated biowarfare threat agent” means a validated biowarfare threat agent that is a future biowarfare threat, is the object of research by a foreign threat country, and could be ready for weaponization in more than 10 years and less than 20 years, as assessed and determined by the Defense Intelligence Agency.
(5)
The term “weaponization” means incorporation into usable ordnance or other militarily useful means of delivery.
* * * * * * *
TITLE III—

OPERATION AND MAINTENANCE
* * * * * * *
subtitle C—

Environmental Provisions
* * * * * * *
SEC. 323.
[10 U.S.C. 2701 note]

PILOT PROGRAM FOR EXPEDITED ENVIRONMENTAL RESPONSE ACTIONS.
(a)

Establishment.—
The Secretary of Defense shall establish a pilot program to expedite the performance of on-site environmental restoration at—
(1)
military installations scheduled for closure under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note);
(2)
military installations scheduled for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note); and
(3)
facilities for which the Secretary is responsible under the Defense Environmental Restoration Program established under section 2701 of title 10, United States Code.
(b)

Selection of Installations and Facilities.—
(1)
For participation in the pilot program, the Secretary shall select—
(A)
2 military installations referred to in subsection (a)(1);
(B)
4 military installations referred to in subsection (a)(2), consisting of—
(i)
2 military installations scheduled for closure as of the date of the enactment of this Act; and
(ii)
2 military installations included in the list transmitted by the Secretary no later than April 15, 1993, pursuant to section 2903(c)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note) and recommended in a report transmitted by the President in that year pursuant to section 2903(e) of such Act and for which a joint resolution disapproving such recommendations is not enacted by the deadline set forth in section 2904(b) of such Act; and
(C)
not less than 4 facilities referred to in subsection (a)(3) with respect to each military department.
(2)
(A)
Except as provided in subparagraph (B), the selections under paragraph (1) shall be made not later than 60 days after the date of the enactment of this Act
[Oct. 23, 1992.]
(B)
The selections under paragraph (1) of military installations described in subparagraph (B)(ii) of such paragraph shall be made not later than 60 days after the date on which the deadline (set forth in section 2904(b) of such Act) for enacting a joint resolution of disapproval with respect to the report transmitted by the President has passed.
(3)
The installations and facilities selected under paragraph (1) shall be representative of—
(A)
a variety of the environmental restoration activities required for facilities under the Defense Environmental Restoration Program and for military installations scheduled for closure under the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note) and the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note); and
(B)
the different sizes of such environmental restoration activities to provide, to the maximum extent practicable, opportunities for the full range of business sizes to enter into environmental restoration contracts with the Department of Defense and with prime contractors to perform activities under the pilot program.
(c)

Execution of Program.—
Subject to subsection (d), and to the maximum extent possible, the Secretary shall, in order to eliminate redundant tasks and to accelerate environmental restoration at military installations, use the authorities granted in existing law to carry out the pilot program, including—
(1)
the development and use of innovative contracting techniques;
(2)
the use of all reasonable and appropriate methods to expedite necessary Federal and State administrative decisions, agreements, and concurrences; and
(3)
the use (including any necessary request for the use) of existing authorities to ensure that environmental restoration activities under the pilot program are conducted expeditiously, with particular emphasis on activities that may be conducted in advance of any final plan for environmental restoration.
(d)

Program Principles.—
The Secretary shall carry out the pilot program consistent with the following principles:
(1)
Activities of the pilot program shall be carried out subject to and in accordance with all applicable Federal and State laws and regulations.
(2)
Competitive procedures shall be used to select the contractors.
(3)
The experience and ability of the contractors shall be considered, in addition to cost, as a factor to be evaluated in the selection of the contractors.
(e)

Program Restrictions.—
The pilot program established in this section shall not result in the delay of environmental restoration activities at other military installations and former sites of the Department of Defense.
SEC. 324.
[10 U.S.C. 2701 note]

OVERSEAS ENVIRONMENTAL RESTORATION.
It is the sense of the Congress that in carrying out environmental restoration activities at military installations outside the United States, the President should seek to obtain an equitable division of the costs of environmental restoration with the nation in which the installation is located.
* * * * * * *
SEC. 326.
[10 U.S.C. 2301 note]

ELIMINATION OF USE OF CLASS I OZONE-DEPLETING SUBSTANCES IN CERTAIN MILITARY PROCUREMENT CONTRACTS.
(a)

Elimination of Use of Class I Ozone-Depleting Substances.—
(1)
No Department of Defense contract awarded after June 1, 1993, may include a specification or standard that requires the use of a class I ozone-depleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard in the contract is approved by the senior acquisition official for the procurement covered by the contract. The senior acquisition official may grant the approval only if the senior acquisition official determines (based upon the certification of an appropriate technical representative of the official) that a suitable substitute for the class I ozone-depleting substance is not currently available.
(2)
(A)
(i)
Not later than 60 days after the completion of the first modification, amendment, or extension after June 1, 1993, of a contract referred to in clause (ii), the senior acquisition official (or the designee of that official) shall carry out an evaluation of the contract in order to determine—
(I)
whether the contract includes a specification or standard that requires the use of a class I ozone-depleting substance or can be met only through the use of such a substance; and
(II)
in the event of a determination that the contract includes such a specification or standard, whether the contract can be carried out through the use of an economically feasible substitute for the ozone-depleting substance or through the use of an economically feasible alternative technology for a technology involving the use of the ozone-depleting substance.
(ii)
A contract referred to in clause (i) is any contract in an amount in excess of $10,000,000 that—
(I)
was awarded before June 1, 1993; and
(II)
as a result of the modification, amendment, or extension described in clause (i), will expire more than 1 year after the effective date of the modification, amendment, or extension.
(iii)
A contract under evaluation under clause (i) may not be further modified, amended, or extended until the evaluation described in that clause is complete.
(B)
If the acquisition official (or designee) determines that an economically feasible substitute substance or alternative technology is available for use in a contract under evaluation, the appropriate contracting officer shall enter into negotiations to modify the contract to require the use of the substitute substance or alternative technology.
(C)
A determination that a substitute substance or technology is not available for use in a contract under evaluation shall be made in writing by the senior acquisition official (or designee).
(D)
The Secretary of Defense may, consistent with the Federal Acquisition Regulation, adjust the price of a contract modified under subparagraph (B) to take into account the use by the contractor of a substitute substance or alternative technology in the modified contract.
(3)
The senior acquisition official authorized to grant an approval under paragraph (1) and the senior acquisition official and designees authorized to carry out an evaluation and make a determination under paragraph (2) shall be determined under regulations prescribed by the Secretary of Defense. A senior acquisition official may not delegate the authority provided in paragraph (1).
(4)
Each official who grants an approval authorized under paragraph (1) or makes a determination under paragraph (2)(B) shall submit to the Secretary of Defense a report on that approval or determination, as the case may be, as follows:
(A)
Beginning on October 1, 1993, and continuing for 8 calendar quarters thereafter, by submitting a report on the approvals granted or determinations made under such authority during the preceding quarter not later than 30 days after the end of such quarter.
(B)
Beginning on January 1, 1997, and continuing for 4 years thereafter, by submitting a report on the approvals granted or determinations made under such authority during the preceding year not later than 30 days after the end of such year.
(5)
The Secretary shall promptly transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of House of Representatives each report submitted to the Secretary under paragraph (4). The Secretary shall transmit the report in classified and unclassified forms.
(b)

Cost Recovery.—
In any case in which a Department of Defense contract is modified or a specification or standard for such a contract is waived at the request of a contractor in order to permit the contractor to use in the performance of the contract a substitute for a class I ozone-depleting substance or an alternative technology for a technology involving the use of a class I ozone-depleting substance, the Secretary of Defense may adjust the price of the contract in a manner consistent with the Federal Acquisition Regulation.
(c)

Definitions.—
In this section:
(1)
The term “class I ozone-depleting substance” means any substance listed under section 602(a) of the Clean Air Act (42 U.S.C. 7671a(a)).
(2)
The term “Federal Acquisition Regulation” means the single Government-wide procurement regulation issued under section 1303(a) of title 41, United States Code.
* * * * * * *
SEC. 328.

LEGACY RESOURCE MANAGEMENT FELLOWSHIP PROGRAM.
(a)

Establishment.—
There is established the Legacy Fellowship Program in Natural and Cultural Resource Management (in this section referred to as the “Legacy Fellowship Program”). The Legacy Fellowship Program is a part of the Legacy Resource Management Program established pursuant to section 8120 of the Department of Defense Appropriations Act, 1991 (Public Law 101–511; 104 Stat. 1905).
(b)

Purposes.—
The purposes of the Legacy Fellowship Program are as follows:
(1)
To support the purposes of the Legacy Resource Management Program set forth in section 8120(b) of such Act.
(2)
To provide training to civilian personnel and military personnel in the management of natural and cultural resources.
(c)

Fellows.—
(1)
The Legacy Fellowship Program shall be composed of not less than 3 fellows who shall be appointed by the Deputy Assistant Secretary of Defense for Environment. Such fellows shall be appointed from among qualified persons in the military and civilian sectors.
(2)
(A)
Each fellow who is an officer or employee of the United States shall serve without compensation in addition to that received for the services as an officer or employee of the United States. Any such service shall be without interruption or loss of civil service status or privilege.
(B)
The Deputy Assistant Secretary of Defense shall fix (in an amount the Deputy Assistant Secretary determines appropriate) the compensation of the fellows, if any, who are not officers or employees of the United States. Such fellows shall not be considered employees of the Federal Government other than for purposes of chapter 81 of title 5, United States Code.
(3)
Fellows shall serve for a term of one year and may be reappointed for an additional term of one year.
(4)
The Deputy Assistant Secretary of Defense shall assign the fellows to an agency, office, or other entity (other than the Office of the Deputy Assistant Secretary of Defense for Environment) that is responsible for the implementation of the Legacy Resource Management Program in the Department of Defense. Upon assignment, the fellow shall assist the agency, office, or entity in carrying out the purposes of the Legacy Resource Management Program.
(d)

Funding.—
Of the funds authorized to be appropriated in fiscal year 1993 for the Department of Defense and made available for the Legacy Resource Management Program, $100,000 may be used for the Legacy Fellowship Program. Such funds shall be available for obligation without fiscal year limitation.
* * * * * * *
SEC. 330.
[10 U.S.C. 2687 note]

INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTY.
(a)

In General.—
(1)
Except as provided in paragraph (3) and subject to subsection (b), the Secretary of Defense shall hold harmless, defend, and indemnify in full the persons and entities described in paragraph (2) from and against any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to property or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of any hazardous substance, pollutant or contaminant, or petroleum or petroleum derivative as a result of Department of Defense activities at any military installation (or portion thereof) that is closed pursuant to a base closure law.
(2)
The persons and entities described in this paragraph are the following:
(A)
Any State (including any officer, agent, or employee of the State) that acquires ownership or control of any facility at a military installation (or any portion thereof) described in paragraph (1).
(B)
Any political subdivision of a State (including any officer, agent, or employee of the State) that acquires such ownership or control.
(C)
Any other person or entity that acquires such ownership or control.
(D)
Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C).
(3)
To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply.
(b)

Conditions.—
No indemnification may be afforded under this section unless the person or entity making a claim for indemnification—
(1)
notifies the Department of Defense in writing within two years after such claim accrues or begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Department of Defense;
(2)
furnishes to the Department of Defense copies of pertinent papers the entity receives;
(3)
furnishes evidence or proof of any claim, loss, or damage covered by this section; and
(4)
provides, upon request by the Department of Defense, access to the records and personnel of the entity for purposes of defending or settling the claim or action.
(c)

Authority of Secretary of Defense.—
(1)
In any case in which the Secretary of Defense determines that the Department of Defense may be required to make indemnification payments to a person under this section for any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage referred to in subsection (a)(1), the Secretary may settle or defend, on behalf of that person, the claim for personal injury or property damage.
(2)
In any case described in paragraph (1), if the person to whom the Department of Defense may be required to make indemnification payments does not allow the Secretary to settle or defend the claim, the person may not be afforded indemnification with respect to that claim under this section.
(d)

Accrual of Action.—
For purposes of subsection (b)(1), the date on which a claim accrues is the date on which the plaintiff knew (or reasonably should have known) that the personal injury or property damage referred to in subsection (a) was caused or contributed to by the release or threatened release of a hazardous substance, pollutant or contaminant, or petroleum or petroleum derivative as a result of Department of Defense activities at any military installation (or portion thereof) described in subsection (a)(1).
(e)

Relationship to Other Law.—
Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(f)

Definitions.—
In this section:
(1)
The terms “facility”, “hazardous substance”, “release”, and “pollutant or contaminant” have the meanings given such terms under paragraphs (9), (14), (22), and (33) of section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, respectively (42 U.S.C. 9601 (9), (14), (22), and (33)).
(2)
The term “military installation” has the meaning given such term under section 2687(e)(1) of title 10, United States Code.
(3)
The term “base closure law” means the following:
(A)
The Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note).
(B)
Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note).
(C)
Section 2687 of title 10, United States Code.
(D)
Any provision of law authorizing the closure or realignment of a military installation enacted on or after the date of the enactment of this Act
[Oct. 23, 1992.]
* * * * * * *
TITLE VII—

HEALTH CARE PROVISIONS
* * * * * * *
subtitle A—

Health Care Services
* * * * * * *
SEC. 702.
[10 U.S.C. 1079 note]

PROGRAMS RELATING TO THE SALE OF PHARMACEUTICALS.
(a)

Demonstration Project for Pharmaceuticals by Mail.—
Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense, in consultation with the administering Secretaries, shall—
(1)
establish a demonstration project that permits eligible persons described in subsection (c) to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under chapter 55 of title 10, United States Code; and
(2)
conduct the demonstration project in two or more regions selected by the Secretary, each of which consists of two or more States.
(b)

Retail Pharmacy Network.—
To the maximum extent practicable, the Secretary of Defense shall include in each managed health care program initiated, awarded, or renewed by the Secretary after January 1, 1993, a program to supply prescription pharmaceuticals to eligible persons described in subsection (c) through a managed care network of community retail pharmacies in the area covered by the managed health care program.
(c)

Eligible Persons.—
A person eligible to obtain pharmaceuticals under the demonstration project established under subsection (a) or the retail pharmacy network included in a managed health care program under subsection (b) is any person living in the area covered by the demonstration project or managed health care program—
(1)
who is eligible for medical care under a contract for medical care entered into by the Secretary of Defense under section 1079 or 1086 of title 10, United States Code; or
(2)
who—
(A)
would be eligible for medical care under a contract for medical care entered into under section 1086 of such title except for operation of subsection (d)(1) of such section; and
(B)
either—
(i)
resides in an area that is adversely affected (as determined by the Secretary) by the closure of a health care facility of the uniformed services as a result of the closure or realignment of the military installation at which such facility is located; or
(ii)
can demonstrate to the satisfaction of the Secretary that the person relied upon a health care facility referred to in clause (i) before the closure of the facility to obtain the person's pharmaceuticals.
(d)

Pharmaceuticals Offered; Purchase Fees.—
(1)
The Secretary of Defense, in consultation with the administering Secretaries, shall—
(A)
determine the pharmaceuticals that may be obtained by eligible persons under the demonstration project established under subsection (a) or the retail pharmacy network included in a managed health care program under subsection (b); and
(B)
establish an appropriate fee, charge, or copayment to be paid by such persons for pharmaceuticals obtained under the demonstration project or managed health care program.
(2)
In the case of persons eligible to participate in the demonstration project for pharmaceuticals or the retail pharmacy network by reason of clause (ii) of subsection (c)(2)(B), the Secretary of Defense may increase the fees, charges, and copayments established under paragraph (1)(B) and otherwise applicable to such persons by an amount necessary to cover any additional costs incurred by the administering Secretaries as a result of making pharmaceuticals available to such persons under this section.
(e)

Report Regarding Demonstration Project.—
Not later than two years after the establishment of the demonstration project under subsection (a), the Secretary of Defense shall submit to Congress a report—
(1)
describing the results of the demonstration project required by subsection (a);
(2)
containing such recommendations for revision of the demonstration project as the Secretary considers to be necessary; and
(3)
containing a plan (including a schedule) for implementing the demonstration project throughout the United States.
(f)

Additional Report Regarding Programs.—
Not later than January 1, 1994, the Secretary of Defense shall submit to Congress a report containing—
(1)
an evaluation of the feasibility and advisability of increasing the size of those areas determined by the Secretary under subsection (c)(2) to be adversely affected by the closure of a health care facility of the uniformed services in order to increase the number of persons described in such subsection who will be eligible to participate in the demonstration project for pharmaceuticals by mail or in the retail pharmacy network under this section;
(2)
an evaluation of the feasibility and advisability of expanding the demonstration project and the retail pharmacy network under this section to include all covered beneficiaries under chapter 55 of title 10, United States Code, including those persons currently excluded from participation in the Civilian Health and Medical Program of the Uniformed Services by operation of section 1086(d)(1) of such title;
(3)
an estimation of the costs that would be incurred, and any savings that would be achieved by improving efficiencies of operation, as a result of undertaking the increase or expansion described in paragraph (1) or (2); and
(4)
such recommendations as the Secretary considers to be appropriate.
(g)

Definitions.—
In this section, the terms “uniformed services” and “administering Secretaries” have the meanings given those terms in section 1072 of title 10, United States Code.
(h)

Termination.—
This section shall cease to apply to the Secretary of Defense on the date after the implementation of section 711 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 that the Secretary determines appropriate, with a view to minimizing instability with respect to the provision of pharmacy benefits, but in no case later than the date that is one year after the date of the enactment of such Act.
* * * * * * *
subtitle B—

Health Care Management
SEC. 711.
[10 U.S.C. 1106 note]

NATIONAL CLAIMS PROCESSING SYSTEM FOR CHAMPUS.
(a)

Claims Processing System Required.—
(1)
The Secretary of Defense, in consultation with the other administering Secretaries, shall provide by contract for the operation of a claims processing system to be known as the “National Claims Processing System for CHAMPUS”. The Secretary may procure the system in installments, including the use of incremental modules. The system, including completion and integration of all modules, shall be in full operation not later than seven years after the date of the enactment of this Act.
(2)
The Secretary shall use competitive procedures for entering into any contract or contracts under paragraph (1).
(b)

System Functions.—
The claims processing system shall include at least the following functions:
(1)
The maintenance in electronic or written form, or both, of appropriate information on health care services provided to covered beneficiaries by or through third parties under CHAMPUS or any alternative CHAMPUS program or demonstration project. Such information shall include—
(A)
the services to which such beneficiaries are entitled or eligible under an insurance plan, medical service plan, or health plan under CHAMPUS;
(B)
the insurers, medical services, or health plans that provide such services; and
(C)
the services available to beneficiaries under each insurance plan, medical service plan, or health plan, and the payment required of the beneficiaries and the insurer, medical service, or health plan for such services under the plan.
(2)
The ability to receive in electronic or written form claims submitted by insurers, medical services, and health plans for services provided to covered beneficiaries.
(3)
The ability to process, adjudicate, and pay (by electronic or other means) such claims.
(4)
The provision of the information described in paragraphs (1) and (2) and information on the matters referred to in paragraph (3) by telephone, electronic, or other means to covered beneficiaries, insurers, medical services, and health plans.
(c)

Consistency with Medicare Claims Requirements.—
The Secretary of Defense shall ensure, to the maximum extent practicable, that claims submitted to the claims processing system conform to the requirements applicable to claims submitted to the Secretary of Health and Human Services with respect to medical care provided under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
(d)

Identification Card.—
The Secretary of Defense shall take appropriate actions to determine whether the use by covered beneficiaries of a standard identification card containing electronically readable information will enhance the capability of the claims processing center to carry out the activities set forth in subsection (b).
(e)

Transition to System.—
After January 1, 1996, any modification or acquisition related to claims processing systems operations in the Office of the Civilian Health and Medical Program of the Uniformed Services shall contain provisions to transfer such operations to the claims processing system required by subsection (a). After January 1, 1999, any renewal or acquisition for fiscal intermediary services (including coordinated care implementations in military hospitals and clinics) shall contain provisions to transfer claims processing systems operations related to such fiscal intermediary services to the claims processing system required by subsection (a).
(f)

Definitions.—
For purposes of this section:
(1)
The term “administering Secretaries” has the meaning given that term in paragraph (3) of section 1072 of title 10, United States Code.
(2)
The term “CHAMPUS” means the Civilian Health and Medical Program of the Uniformed Services, as defined in paragraph (4) of such section.
(3)
The term “covered beneficiary” has the meaning given that term in paragraph (5) of such section.
SEC. 712.
[10 U.S.C. 1073 note]

CONDITION ON EXPANSION OF CHAMPUS REFORM INITIATIVE TO OTHER LOCATIONS.
(a)

Condition.—
(1)
Except as provided in subsection (b), the Secretary of Defense may not expand the CHAMPUS reform initiative underway in the States of California and Hawaii to another location until not less than 90 days after the date on which the Secretary certifies to Congress that expansion of the initiative to that location is the most efficient method of providing health care to covered beneficiaries in that location. In determining whether the expansion of the CHAMPUS reform initiative to a location is the most efficient method of providing health care to covered beneficiaries in that location, the Secretary shall consider the cost-effectiveness of the initiative (while assuring that the combined cost of care in military treatment facilities and under the Civilian Health and Medical Program of the Uniformed Services will not be increased as a result of the expansion) and the effect of the expansion of the initiative on the access of covered beneficiaries to health care and on the quality of health care received by covered beneficiaries.
(2)
To the extent any revision of the CHAMPUS reform initiative is necessary in order to make the certification required by this subsection, the Secretary shall assure that enrolled covered beneficiaries may obtain health care services with reduced out-of-pocket costs, as compared to standard CHAMPUS.
(b)

Exception.—
The Secretary of Defense may waive the operation of the condition on the expansion of the CHAMPUS reform initiative specified in subsection (a) in order to expand the initiative to a location adversely affected by the closure or realignment of a military installation in that location, as determined by the Secretary.
(c)

Evaluation of Certification.—
The Comptroller General of the United States and the Director of the Congressional Budget Office shall evaluate each certification made by the Secretary of Defense under subsection (a) that expansion of the CHAMPUS reform initiative to another location is the most efficient method of providing health care to covered beneficiaries in that location. They shall submit their findings to Congress if these findings differ substantially from the findings upon which the Secretary made the decision to expand the CHAMPUS reform initiative.
(d)

Definitions.—
For purposes of this section:
(1)
The terms “CHAMPUS reform initiative” and “initiative” mean the health care delivery project required by section 702 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 1073 note).
(2)
The term “covered beneficiary” has the meaning given that term in section 1072(5) of title 10, United States Code.
(3)
The terms “Civilian Health and Medical Program of the Uniformed Services” and “CHAMPUS” have the meaning given the term “Civilian Health and Medical Program of the Uniformed Services” in section 1072(4) of title 10, United States Code.
* * * * * * *
SEC. 715.

POSITIVE INCENTIVES UNDER THE COORDINATED CARE PROGRAM.
(a)

Inclusion of Positive Incentives for Enrollment.—
The Secretary of Defense shall modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the Coordinated Care Program of the Department of Defense.
(b)

Types of Positive Incentives.—
The positive incentives provided under subsection (a) may include—
(1)
a reduction of the copayment and deductibles prescribed under sections 1079 and 1086 of title 10, United States Code, for covered beneficiaries who enroll in the Coordinated Care Program;
(2)
alternative cost-sharing requirements for certain types of care; and
(3)
an expansion of the benefits provided under the Coordinated Care Program beyond the benefits authorized under CHAMPUS.
(c)

Effect on Certain Existing Programs.—
The modification required under subsection (a) shall permit health care demonstration projects in existence on the date of the enactment of this Act (including the CHAMPUS reform initiative, the catchment area management projects, the CHAMPUS select fiscal intermediary program in the Southeast Region, and the managed health care program established in the Tidewater region of Virginia) and future managed health care initiatives undertaken by the Department of Defense to offer covered beneficiaries who do not enroll in the Coordinated Care Program the opportunity to use a preferred provider network of health care providers.
(d)

Determination of Incentives.—
In determining what level and types of positive incentives are likely to induce covered beneficiaries to enroll in the Coordinated Care Program, the Secretary of Defense shall take into consideration the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval.
(e)

Prohibition on Exclusions.—
Subject to the availability of space and facilities and the capabilities of the medical or dental staff, the Secretary of Defense may not deny access to military treatment facilities to covered beneficiaries who do not enroll in the Coordinated Care Program. However, the Secretary may establish reasonable admission preferences for covered beneficiaries enrolled in the program as an incentive to encourage enrollment.
(f)

Definitions.—
For purposes of this section:
(1)
The term “CHAMPUS” means the Civilian Health and Medical Program of the Uniformed Services, as defined in paragraph (4) of section 1072 of title 10, United States Code.
(2)
The term “covered beneficiary” has the meaning given that term in paragraph (5) of such section.
(3)
The term “Policy Guidelines on the Department of Defense Coordinated Care Program” means the Policy Guidelines on the Department of Defense Coordinated Care Program that were issued by the Assistant Secretary of Defense for Health Affairs on January 8, 1992.
* * * * * * *
subtitle C—

Other Matters
* * * * * * *
SEC. 722.
[10 U.S.C. 1073 note]

MILITARY HEALTH CARE FOR PERSONS RELIANT ON HEALTH CARE FACILITIES AT BASES BEING CLOSED OR REALIGNED.
(a)

Establishment.—
Not later than December 31, 2003, the Secretary of Defense shall establish a working group on the provision of military health care to persons who rely for health care on health care facilities located at military installations—
(1)
inside the United States that are selected for closure or realignment in the 2005 round of realignments and closures authorized by sections 2912, 2913, and 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as added by title XXX of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1342); or
(2)
outside the United States that are selected for closure or realignment as a result of force posture changes.
(b)

Membership.—
The members of the working group shall include, at a minimum, the following:
(1)
The Assistant Secretary of Defense for Health Affairs, or a designee of the Assistant Secretary.
(2)
The Surgeon General of the Army, or a designee of that Surgeon General.
(3)
The Surgeon General of the Navy, or a designee of that Surgeon General.
(4)
The Surgeon General of the Air Force, or a designee of that Surgeon General.
(5)
At least one independent member (appointed by the Secretary of Defense) from each TRICARE region, but not to exceed a total of 12 members appointed under this paragraph, whose experience in matters within the responsibility of the working group qualify that person to represent persons authorized health care under chapter 55 of title 10, United States Code.
(c)

Duties.—
(1)
In developing the recommendations for the 2005 round of realignments and closures required by sections 2913 and 2914 of the Defense Base Closure and Realignment Act of 1990, the Secretary of Defense shall consult with the working group.
(2)
The working group shall be available to provide assistance to the Defense Base Closure and Realignment Commission.
(3)
In the case of each military installation referred to in paragraph (1) or (2) of subsection (a) whose closure or realignment will affect the accessibility to health care services for persons entitled to such services under chapter 55 of title 10, United States Code, the working group shall provide to the Secretary of Defense a plan for the provision of the health care services to such persons.
(d)

Special Considerations.—
In carrying out its duties under subsection (c), the working group—
(1)
shall conduct meetings with persons entitled to health care services under chapter 55 of title 10, United States Code, or representatives of such persons;
(2)
may use reliable sampling techniques;
(3)
may visit the areas where closures or realignments of military installations will adversely affect the accessibility of health care for such persons and may conduct public meetings; and
(4)
shall ensure that members of the uniformed services on active duty, members and former members of the uniformed services entitled to retired or retainer pay, and dependents and survivors of such members and retired personnel are afforded the opportunity to express their views.
(e)

Application of Chapter 10 of Title 5, United States Code.—
The provisions of chapter 10 of title 5, United States Code, shall not apply to the working group established pursuant to this section.
(f)

Termination.—
The working group established pursuant to subsection (a) shall terminate on December 31, 2006.
* * * * * * *
SEC. 724.
[10 U.S.C. 1071 note]

ANNUAL BENEFICIARY SURVEY.
(a)

Survey Required.—
The administering Secretaries shall conduct annually a formal survey of persons receiving health care under chapter 55 of title 10, United States Code, in order to determine the following:
(1)
The availability of health care services to such persons through the health care system provided for under that chapter, the types of services received, and the facilities in which the services were provided.
(2)
The familiarity of such persons with the services available under that system and with the facilities in which such services are provided.
(3)
The health of such persons.
(4)
The level of satisfaction of such persons with that system and the quality of the health care provided through that system.
(5)
Such other matters as the administering Secretaries determine appropriate.
(b)

Exemption.—
An annual survey under subsection (a) shall be treated as not a collection of information for the purposes for which such term is defined in section 3502(4) of title 44, United States Code.
(c)

Definition.—
For purposes of this section, the term “administering Secretaries” has the meaning given such term in section 1072(3) of title 10, United States Code.
* * * * * * *
TITLE X—

GENERAL PROVISIONS
* * * * * * *
subtitle E—

Counter-Drug Activities
* * * * * * *
SEC. 1043.
[10 U.S.C. 124 note]

COUNTER-DRUG DETECTION AND MONITORING SYSTEMS PLAN.
(a)

Requirements of Detection and Monitoring Systems.—
The Secretary of Defense shall establish requirements for counter-drug detection and monitoring systems to be used by the Department of Defense in the performance of its mission under section 124(a) of title 10, United States Code, as lead agency of the Federal Government for the detection and monitoring of the transit of illegal drugs into the United States. Such requirements shall be designed—
(1)
to minimize unnecessary redundancy between counter-drug detection and monitoring systems;
(2)
to grant priority to assets and technologies of the Department of Defense that are already in existence or that would require little additional development to be available for use in the performance of such mission;
(3)
to promote commonality and interoperability between counter-drug detection and monitoring systems in a cost-effective manner; and
(4)
to maximize the potential of using counter-drug detection and monitoring systems for other defense missions whenever practicable.
(b)

Evaluation of Systems.—
The Secretary of Defense shall identify and evaluate existing and proposed counter-drug detection and monitoring systems in light of the requirements established under subsection (a). In carrying out such evaluation, the Secretary shall—
(1)
assess the capabilities, strengths, and weaknesses of counter-drug detection and monitoring systems; and
(2)
determine the optimal and most cost-effective combination of use of counter-drug detection and monitoring systems to carry out activities relating to the reconnaissance, detection, and monitoring of drug traffic.
(c)

Systems Plan.—
Based on the results of the evaluation under subsection (b), the Secretary of Defense shall prepare a plan for the development, acquisition, and use of improved counter-drug detection and monitoring systems by the Armed Forces. In developing the plan, the Secretary shall also make every effort to determine which counter-drug detection and monitoring systems should be eliminated from the counter-drug program based on the results of such evaluation. The plan shall include an estimate by the Secretary of the full cost to implement the plan, including the cost to develop, procure, operate, and maintain equipment used in counter-drug detection and monitoring activities performed under the plan and training and personnel costs associated with such activities.
(d)

Report.—
Not later than six months after the date of the enactment of this Act [Oct. 23, 1992], the Secretary of Defense shall submit to Congress a report on the requirements established under subsection (a) and the results of the evaluation conducted under subsection (b). The report shall include the plan prepared under subsection (c).
(e)

Limitation on Obligation of Funds.—
(1)
Except as provided in paragraph (2), none of the funds appropriated or otherwise made available for the Department of Defense for fiscal year 1993 pursuant to an authorization of appropriations in this Act may be obligated or expended for the procurement or upgrading of a counter-drug detection and monitoring system, for research and development with respect to such a system, or for the lease or rental of such a system until after the date on which the Secretary of Defense submits to Congress the report required under subsection (d).
(2)
Paragraph (1) shall not prohibit obligations or expenditures of funds for—
(A)
any procurement, upgrading, research and development, or lease of a counter-drug detection and monitoring system that is necessary to carry out the evaluation required under subsection (b); or
(B)
the operation and maintenance of counter-drug detection and monitoring systems used by the Department of Defense as of the date of the enactment of this Act.
(f)

Definition.—
For purposes of this section, the term “counter-drug detection and monitoring systems” means land-, air-, and sea-based detection and monitoring systems suitable for use by the Department of Defense in the performance of its mission—
(1)
under section 124(a) of title 10, United States Code, as lead agency of the Federal Government for the detection and monitoring of the aerial and maritime transit of illegal drugs into the United States; and
(2)
to provide support to law enforcement agencies in the detection, monitoring, and communication of the movement of traffic at, near, and outside the geographic boundaries of the United States.
SEC. 1044.

EXTENSION OF AUTHORITY TO TRANSFER EXCESS PERSONAL PROPERTY.
[Omitted—Amendment]
SEC. 1045.

PILOT OUTREACH PROGRAM TO REDUCE DEMAND FOR ILLEGAL DRUGS.
[Repealed by section 571(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106).]
* * * * * * *
TITLE XIII—

MATTERS RELATING TO ALLIES AND OTHER NATIONS

subtitle A—

Burdensharing
* * * * * * *
Subtitle C—

Matters Relating to the Former Soviet Union and Eastern Europe
* * * * * * *
SEC. 1321.
[22 U.S.C. 5901 note]

NUCLEAR WEAPONS REDUCTION.
(a)

Findings.—
The Congress makes the following findings:
(1)
On February 1, 1992, the President of the United States and the President of the Russian Federation agreed in a Joint Statement that “Russia and the United States do not regard each other as potential adversaries” and stated further that, “We will work to remove any remnants of cold war hostility, including taking steps to reduce our strategic arsenals”.
(2)
In the Treaty on the Non-Proliferation of Nuclear Weapons, in exchange for the non-nuclear-weapon states agreeing not to seek a nuclear weapons capability nor to assist other non-nuclear-weapon states in doing so, the United States agreed to seek the complete elimination of all nuclear weapons worldwide, as declared in the preamble to the Treaty, which states that it is a goal of the parties to the Treaty to “facilitate the cessation of the manufacture of nuclear weapons, the liquidation of all their existing stockpiles, and the elimination from national arsenals of nuclear weapons and the means of their delivery” as well as in Article VI of the Treaty, which states that “each of the parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race at an early date and to nuclear disarmament”.
(3)
Carrying out a policy of seeking further significant and continuous reductions in the nuclear arsenals of all countries, besides reducing the likelihood of the proliferation of nuclear weapons and increasing the likelihood of a successful extension and possible strengthening of the Treaty on the Non-Proliferation of Nuclear Weapons in 1995, when the Treaty is scheduled for review and possible extension, has additional benefits to the national security of the United States, including—
(A)
a reduced risk of accidental enablement and launch of a nuclear weapon, and
(B)
a defense cost savings which could be reallocated for deficit reduction or other important national needs.
(4)
The Strategic Arms Reduction Talks (START) Treaty and the agreement by the President of the United States and the President of the Russian Federation on June 17, 1992, to reduce the strategic nuclear arsenals of each country to a level between 3,000 and 3,500 weapons are commendable intermediate stages in the process of achieving the policy goals described in paragraphs (1) and (2).
(5)
The current international era of cooperation provides greater opportunities for achieving worldwide reduction and control of nuclear weapons and material than any time since the emergence of nuclear weapons 50 years ago.
(6)
It is in the security interests of both the United States and the world community for the President and the Congress to begin the process of reducing the number of nuclear weapons in every country through multilateral agreements and other appropriate means.
(7)
In a 1991 study, a committee of the National Academy of Sciences concluded that: “The appropriate new levels of nuclear weapons cannot be specified at this time, but it seems reasonable to the committee that U.S. strategic forces could in time be reduced to 1,000–2,000 nuclear warheads, provided that such a multilateral agreement included appropriate levels and verification measures for the other nations that possess nuclear weapons. This step would require successful implementation of our proposed post-START U.S.-Soviet reductions, related confidence-building measures in all the countries involved, and multilateral security cooperation in areas such as conventional force deployments and planning.”.
(b)

United States Policy.—
It shall be the goal of the United States—
(1)
to encourage and facilitate the denuclearization of Ukraine, Byelarus, and Kazakhstan, as agreed upon in the Lisbon ministerial meeting of May 23, 1992;
(2)
to rapidly complete and submit for ratification by the United States the treaty incorporating the agreement of June 17, 1992, between the United States and the Russian Federation to reduce the number of strategic nuclear weapons in each country's arsenal to a level between 3,000 and 3,500;
(3)
to facilitate the ability of the Russian Federation, Ukraine, Byelarus, and Kazakhstan to implement agreed mutual reductions under the START Treaty, and under the Joint Understanding of June 16–17, 1992 between the United States and the Russian Federation, on an accelerated timetable, so that all such reductions can be completed by the year 2000;
(4)
to build on the agreement reached in the Joint Understanding of June 16–17, 1992, by entering into multilateral negotiations with the Russian Federation, the United Kingdom, France, and the People's Republic of China, and, at an appropriate point in that process, enter into negotiations with other nuclear armed states in order to reach subsequent stage-by-stage agreements to achieve further reductions in the number of nuclear weapons in all countries;
(5)
to continue and extend cooperative discussions with the appropriate authorities of the former Soviet military on means to maintain and improve secure command and control over nuclear forces;
(6)
in consultation with other member countries of the North Atlantic Treaty Organization and other allies, to initiate discussions to bring tactical nuclear weapons into the arms control process; and
(7)
to ensure that the United States assistance to securely transport and store, and ultimately dismantle, former Soviet nuclear weapons and missiles for such weapons is being properly and effectively utilized.
(c)

Annual Report.—
By February 1 of each year, the President shall submit to the Congress a report on—
(1)
the actions that the United States has taken, and the actions the United States plans to take during the next 12 months, to achieve each of the goals set forth in paragraphs (1) through (6) of subsection (b); and
(2)
the actions that have been taken by the Russian Federation, by other former Soviet republics, and by other countries to achieve those goals.
Each such report shall be submitted in unclassified form, with a classified appendix if necessary.
* * * * * * *
* * * * * * *
subtitle D—

Matters Relating to the Middle East and Persian Gulf Region
SEC. 1331.

REPORT ON THE UNITED STATES STRATEGIC POSTURE IN THE MIDDLE EAST AND PERSIAN GULF REGION.
(a)

Requirement for Report.—
Not later than February 1, 1993, the Secretary of Defense, together with the Secretary of State and the Director for Central Intelligence, shall submit to Congress a report on the United States strategic posture in the Middle East and Persian Gulf region.
(b)

Content of Report.—
The report shall include an assessment of the following matters:
(1)
The adequacy of United States power projection forces, strategic lift, forward deployed forces, prepositioned materiel, and force sustainability capabilities for protecting United States strategic interests in the Middle East and the Persian Gulf region in order to ensure the security needs of Israel, Egypt, and Persian Gulf states friendly to the United States.
(2)
United States policy, plans, and programs for ensuring Israel's military and technological superiority over potential threats.
(3)
United States capabilities for assisting Israel in a military emergency and the adequacy of United States military assistance and technology transfer for ensuring that Israel has the capability to deter war and to defend its territory with minimal risk and loss of life.
(4)
The state of strategic cooperation between the United States and Israel, including—
(A)
a thorough assessment of options for prepositioning in Israel appropriate defense articles for use by the United States in the region; and
(B)
an assessment of United States policies, plans, and programs for ensuring that maximum advantage is taken of Israel's strategic location and Israel's ability to provide unique options regarding military technologies and production.
(5)
The adequacy of United States power projection forces, military assistance, arms transfers, and cooperation arrangements for addressing Egypt's security arrangements to deter outside threats and to participate in regional security efforts with the United States and other nations.
(6)
The adequacy of United States power projection forces, military assistance, and arms transfers for addressing the security requirements of the Gulf Cooperation Council States.
(7)
The adequacy of the capabilities of the United States and countries friendly to the United States for deterring and defending against long-range missile threats and the use of weapons of mass destruction in the Middle East and the Persian Gulf region.
(c)

Intelligence Assessment.—
As part of the report submitted pursuant to subsection (a), the Secretary of Defense shall provide a military threat assessment for the Middle East and Persian Gulf region. The intelligence assessment shall include a description of—
(1)
the overall military threat to United States strategic interests in the Persian Gulf region;
(2)
the overall military threat to Israel and the military threats to Israel from individual countries, including an assessment of the Arab-Israeli military balance and a discussion of the changes taking place in that balance;
(3)
the military threats to Egypt;
(4)
the military threats to the Gulf Cooperation Council States; and
(5)
the threats to United States interests and to regional States friendly to the United States that result from the proliferation of long-range missiles and weapons of mass destruction.
(d)

Form of Report.—
The report may be submitted in classified and unclassified forms.
* * * * * * *
Subtitle G—

Other Matters
* * * * * * *
SEC. 1365.
[22 U.S.C. 2778 note]

LANDMINE EXPORT MORATORIUM.
(a)

Findings.—
The Congress makes the following findings:
(1)
Anti-personnel landmines, which are specifically designed to maim and kill people, have been used indiscriminately in dramatically increasing numbers, primarily in insurgencies in poor developing countries. Noncombatant civilians, including tens of thousands of children, have been the primary victims.
(2)
Unlike other military weapons, landmines often remain implanted and undiscovered after conflict has ended, causing untold suffering to civilian populations. In Afghanistan, Cambodia, Laos, Vietnam, and Angola, tens of millions of unexploded landmines have rendered whole areas uninhabitable. In Afghanistan, an estimated hundreds of thousands of people have been maimed and killed by landmines during the 14-year civil war. In Cambodia, more than 20,000 civilians have lost limbs and another 60 are being maimed each month from landmines.
(3)
Over 35 countries are known to manufacture landmines, including the United States. However, the United States is not a major exporter of landmines. During the past ten years the Department of State has approved ten licenses for the commercial export of anti-personnel landmines valued at $980,000, and during the past five years the Department of Defense has approved the sale of 13,156 anti-personnel landmines valued at $841,145.
(4)
The United States signed, but has not ratified, the 1981 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects. The Convention prohibits the indiscriminate use of landmines.
(5)
When it signed the Convention, the United States stated: “We believe that the Convention represents a positive step forward in efforts to minimize injury or damage to the civilian population in time of armed conflict. Our signature of the Convention reflects the general willingness of the United States to adopt practical and reasonable provisions concerning the conduct of military operations, for the purpose of protecting noncombatants.”.
(6)
The President should submit the Convention to the Senate for its advice and consent to ratification, and the President should actively negotiate under United Nations auspices or other auspices an international agreement, or a modification of the Convention, to prohibit the sale, transfer or export of anti-personnel landmines. Such an agreement or modification would be an appropriate response to the end of the Cold War and the promotion of arms control agreements to reduce the indiscriminate killing and maiming of civilians.
(7)
The United States should set an example for other countries in such negotiations, by implementing a one-year moratorium on the sale, transfer or export of anti-personnel landmines.
(b)

Statement of Policy.—
(1)
It shall be the policy of the United States to seek verifiable international agreements prohibiting the sale, transfer, or export, and further limiting the use, production, possession, and deployment of anti-personnel landmines.
(2)
It is the sense of the Congress that the President should actively seek to negotiate under United Nations auspices or other auspices an international agreement, or a modification of the Convention, to prohibit the sale, transfer, or export of anti-personnel landmines.
(c)

Moratorium on Transfers of Anti-Personnel Landmines Abroad.—
During the 22 year period beginning on October 23, 19921—
^1
Section 553 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (as enacted into law by section 1000(a)(2) of Public Law 106–113 (113 Stat. 1535)), sought to amend subsection (c) by striking “During the five-year period beginning on October 23, 1992” and inserting “During the 11-year period beginning on October 23, 1992”. However, the “five-year period” had been changed to an “eight-year period” by section 556 of Public Law 104–208 (110 Stat. 3009–161) so the amendment could not be executed. Section 634(j) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110–161; 121 Stat. 2329) provides for an amendment to strike “During the 16 year period beginning on October 23, 1992” and insert “During the 22 year period beginning on October 23, 1992”, which has been executed above to reflect the probable intent of Congress.
(1)
no sale may be made or financed, no transfer may be made, and no license for export may be issued, under the Arms Export Control Act, with respect to any anti-personnel landmine; and
(2)
no assistance may be provided under the Foreign Assistance Act of 1961, with respect to the provision of any anti-personnel landmine.
(d)

Definition.—
For purposes of this section, the term “anti-personnel landmine” means—
(1)
any munition placed under, on, or near the ground or other surface area, or delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, proximity, or contact of a person;
(2)
any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act;
(3)
any manually-emplaced munition or device designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time.
* * * * * * *
TITLE XV—

NONPROLIFERATION
SEC. 1501.

SHORT TITLE.
This title may be cited as the “Weapons of Mass Destruction Control Act of 1992”.
SEC. 1502.

SENSE OF CONGRESS.
It is the sense of the Congress that—
(1)
the proliferation (A) of nuclear, biological, and chemical weapons (hereinafter in this title referred to as “weapons of mass destruction”) and related technology and knowledge and (B) of missile delivery systems remains one of the most serious threats to international peace and the national security of the United States in the post-cold war era;
(2)
the proliferation of nuclear weapons, given the extraordinary lethality of those weapons, is of particularly serious concern;
(3)
the nonproliferation policy of the United States should continue to seek to limit both the supply of and demand for weapons of mass destruction and to reduce the existing threat from proliferation of such weapons;
(4)
substantial funding of nonproliferation activities by the United States is essential to controlling the proliferation of all weapons of mass destruction, especially nuclear weapons and missile delivery systems;
(5)
the President's nonproliferation policy statement of June 1992, and his September 10, 1992, initiative to increase funding for nonproliferation activities in the Department of Energy are praiseworthy;
(6)
the Congress is committed to cooperating with the President in carrying out an effective policy designed to control the proliferation of weapons of mass destruction;
(7)
the President should identify a full range of appropriate, high priority nonproliferation activities that can be undertaken by the United States and should include requests for full funding for those activities in the budget submission for fiscal year 1994;
(8)
the Department of Defense and the Department of Energy have unique expertise that can further enhance the effectiveness of international nonproliferation activities;
(9)
under the guidance of the President, the Secretary of Defense and the Secretary of Energy should continue to actively assist in United States nonproliferation activities and in formulating and executing United States nonproliferation policy, emphasizing activities such as improved capabilities (A) to detect and monitor proliferation, (B) to respond to terrorism, theft, and accidents involving weapons of mass destruction, and (C) to assist with interdiction and destruction of weapons of mass destruction and related weapons material; and
(10)
in a manner consistent with United States nonproliferation policy, the Department of Defense and the Department of Energy should continue to maintain and to improve their capabilities to identify, monitor, and respond to proliferation of weapons of mass destruction and missile delivery systems.
SEC. 1503.

REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY NONPROLIFERATION ACTIVITIES.
(a)

Report Required.—
The Secretary of Defense and the Secretary of Energy shall jointly submit to the committees of Congress named in subsection (d)(1) a report describing the role of the Department of Defense and the Department of Energy with respect to the nonproliferation policy of the United States.
(b)

Matters To Be Covered in Report.—
The report shall—
(1)
address how the Secretary of Defense integrates and coordinates existing intelligence and military capabilities of the Department of Defense and how the Secretary of Energy integrates and coordinates the intelligence and emergency response capabilities of the Department of Energy in support of the nonproliferation policy of the United States;
(2)
identify existing and planned capabilities within the Department of Defense, including particular capabilities of the military services, and the Department of Energy to (A) detect and monitor clandestine weapons of mass destruction programs, (B) respond to terrorism or accidents involving such weapons and to theft of related weapons materials, and (C) assist with interdiction and destruction of weapons of mass destruction and related weapons materials;
(3)
describe, for the Department of Defense, the degree to which the Secretary of Defense has incorporated a nonproliferation mission into the overall mission of the unified combatant commands and how the Special Operations Command might support the commanders of the unified and specified commands in that mission;
(4)
consider the appropriate roles of the Defense Advance Research Projects Agency (DARPA), the Defense Nuclear Agency (DNA), the On-Site-Inspection Agency (OSIA), and other Department of Defense agencies, as well as the national laboratories of the Department of Energy, in providing technical assistance and support for the efforts of the Department of Defense and the Department of Energy with respect to nonproliferation; and
(5)
identify existing and planned mechanisms for improving the integration of Department of Defense and Department of Energy nonproliferation activities with those of other Federal departments and agencies.
(c)

Coordination With Other Agencies.—
The report required by subsection (a) shall, for purposes of subsection (b)(5), be coordinated with the heads of other appropriate departments and agencies.
(d)

Submission of Report.—
(1)
The report required by subsection (a) shall be submitted—
(A)
to the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B)
to the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives.
(2)
The report shall be submitted not later than 180 days after the date of enactment of this Act and shall be submitted in unclassified form and, as necessary, in classified form.
SEC. 1504.

NONPROLIFERATION TECHNOLOGY INITIATIVE.
(a)

Funds for Department of Defense Activities.—
(1)
Of the amount appropriated pursuant to section 103(3) for Other Procurement, Air Force, $5,000,000 shall be available for the AFTAC Chem/Biological Collection/Processing program.
(2)
Of the amount appropriated pursuant to section 201(3) for Research, Development, Test, and Evaluation, Air Force, $6,500,000 shall be available for the Joint Seismic Program.
(3)
Of the amount appropriated pursuant to section 201(4) for Research, Development, Test, and Evaluation, Defense Agencies—
(A)
$11,600,000 shall be available for LIDAR,
(B)
$5,000,000 shall be available for Seismic programs of the Defense Advanced Research Projects Agency, and
(C)
$15,000,000 shall be available for Nuclear Proliferation Detection Technology programs of the Defense Advanced Research Projects Agency.
(b)

Funds for Department of Energy Activities.—
Of the amount appropriated pursuant to section 3104(a)(2) for Verification and Control Technologies, $86,000,000 shall be available for nuclear nonproliferation detection technologies and activities. Of such amount, not more than $30,000,000 may be obligated until the report required by section 1503 is submitted.
SEC. 1505.
[22 U.S.C. 5859a]

INTERNATIONAL NONPROLIFERATION INITIATIVE.
(a)

Assistance for International Nonproliferation Activities.—
Subject to the limitations and requirements provided in this section, the Secretary of Defense, under the guidance of the President, may provide assistance to support international nonproliferation activities.
(b)

Activities for Which Assistance May Be Provided.—
Activities for which assistance may be provided under this section are activities such as the following:
(1)
Activities carried out by international organizations that are designed to ensure more effective safeguards against proliferation and more effective verification of compliance with international agreements on nonproliferation.
(2)
Activities of the Department of Defense in support of the United Nations Special Commission on Iraq (or any successor organization).
(3)
Collaborative international nuclear security and nuclear safety projects to combat the threat of nuclear theft, terrorism, or accidents, including joint emergency response exercises, technical assistance, and training.
(4)
Efforts to improve international cooperative monitoring of nuclear, biological, chemical, and missile proliferation through technical projects and improved information sharing.
(c)

Form of Assistance.—
(1)
Assistance under this section may include funds and in-kind contributions of supplies, equipment, personnel, training, and other forms of assistance.
(2)
Assistance under this section may be provided to international organizations in the form of funds only if the amount in the “Contributions to International Organizations” account of the Department of State is insufficient or otherwise unavailable to meet the United States fair share of assessments for international nuclear nonproliferation activities.
(3)
No amount may be obligated for an expenditure under this section unless the Director of the Office of Management and Budget determines that the expenditure will be counted as discretionary spending in the national defense budget function (function 050).
(4)
No assistance may be furnished under this section unless the Secretary of Defense determines and certifies to the Congress 30 days in advance that the provision of such assistance—
(A)
is in the national security interest of the United States; and
(B)
will not adversely affect the military preparedness of the United States.
(5)
The authority to provide assistance under this section in the form of funds may be exercised only to the extent and in the amounts provided in advance in appropriations Act.
(d)

Sources of Assistance.—
(1)
Funds provided as assistance under this section for any fiscal year shall be derived from amounts made available to the Department of Defense for that fiscal year. Funds provided as assistance under this section for a fiscal year may also be derived from balances in working capital accounts of the Department of Defense.
(2)
Supplies and equipment provided as assistance under this section may be provided, by loan or donation, from existing stocks of the Department of Defense and the Department of Energy.
(3)
The total amount of the assistance provided in the form of funds under this section, including funds used for activities of the Department of Defense in support of the United Nations Special Commission on Iraq, may not exceed $25,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, $15,000,000 for fiscal year 1996, $15,000,000 for fiscal year 1997, or $15,000,000 for fiscal year 1998.
(4)
(A)
In the event of a significant unforeseen development related to the activities of the United Nations Special Commission on Iraq (or any successor organization) for which the Secretary of Defense determines that financial assistance under this section is required at a level which would result in the total amount of assistance provided under this section during the then-current fiscal year exceeding the amount of any limitation provided by law on the total amount of such assistance for that fiscal year, the Secretary of Defense may provide such assistance with respect to that fiscal year notwithstanding that limitation. Funds for such purpose may be derived from any funds available to the Department of Defense for that fiscal year.
(B)
Financial assistance may be provided under subparagraph (A) only after the Secretary of Defense provides notice in writing to the committees of Congress named in subsection (e)(2) of the significant unforeseen development and of the Secretary's intent to provide assistance in excess of the limitation for that fiscal year. However, if the Secretary determines in any case that under the specific circumstances of that case advance notice is not possible, such notice shall be provided as soon as possible and not later than 15 days after the date on which the assistance is provided. Any notice under this subparagraph shall include a description of the development, the amount of assistance provided or to be provided, and the source of the funds for that assistance.
(e)

Quarterly Report.—
(1)
Not later than 30 days after the end of each quarter of a fiscal year during which the authority of the Secretary of Defense to provide assistance under this section is in effect, the Secretary of Defense shall transmit to the committees of Congress named in paragraph (2) a report of the activities to reduce the proliferation threat carried out under this section. Each report shall set forth (for the preceding quarter and cumulatively)—
(A)
the amounts spent for such activities and the purposes for which they were spent;
(B)
a description of the participation of the Department of Defense and the Department of Energy and the participation of other Government agencies in those activities; and
(C)
a description of the activities for which the funds were spent.
(2)
The committees of Congress to which reports under paragraph (1) are to be transmitted are—
(A)
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(B)
the Committee on Armed Services, the Committee on Appropriations, the Committee on International Relations, and the Committee on Commerce of the House of Representatives.
(f)

Termination of Authority.—
The authority of the Secretary of Defense to provide assistance under this section terminates at the close of fiscal year 2002.
TITLE XVI—

IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992
SEC. 1601.
[50 U.S.C. 1701 note]

SHORT TITLE.
This title may be cited as the “Iran-Iraq Arms Non-Proliferation Act of 1992”.
SEC. 1602.
[50 U.S.C. 1701 note]

UNITED STATES POLICY.
(a)

In General.—
It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could materially contribute to either country's acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons.
(b)

Sanctions.—
(1)
In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruction in accordance with the Foreign Assistance Act of 1961, the Nuclear Non-Proliferation Act of 1978, the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, chapter 7 of the Arms Export Control Act, and other relevant statutes, regarding the non-proliferation of weapons of mass destruction and the means of their delivery.
(2)
The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection.
(c)

Public Identification.—
The Congress calls on the President to identify publicly (in the report required by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a).
SEC. 1603.
[50 U.S.C. 1701 note]

APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101–513), including denial of export licenses for United States persons and prohibitions on United States Government sales, shall be applied to the same extent and in the same manner with respect to Iran.
SEC. 1604.
[50 U.S.C. 1701 note]

SANCTIONS AGAINST CERTAIN PERSONS.
(a)

Prohibition.—
If any person transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (b) shall be imposed.
(b)

Mandatory Sanctions.—
The sanctions to be imposed pursuant to subsection (a) are as follows:
(1)

Procurement sanction.—
For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person.
(2)

Export sanction.—
For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person.
SEC. 1605.
[50 U.S.C. 1701 note]

SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
(a)

Prohibition.—
If the President determines that the government of any foreign country transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then—
(1)
the sanctions described in subsection (b) shall be imposed on such country; and
(2)
in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c).
(b)

Mandatory Sanctions.—
Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows:
(1)

Suspension of united states assistance.—
The United States Government shall suspend, for a period of one year, United States assistance to the sanctioned country.
(2)

Multilateral development bank assistance.—
The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by such institution of any loan or financial or technical assistance to the sanctioned country.
(3)

Suspension of codevelopment or coproduction agreements.—
The United States shall suspend, for a period of one year, compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part.
(4)

Suspension of military and dual-use technical exchange agreements.—
The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period.
(5)

United states munitions list.—
No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country for a period of one year.
(c)

Discretionary Sanction.—
The sanction referred to in subsection (a)(2) is as follows:
(1)

Use of authorities of international emergency economic powers act.—
Except as provided in paragraph (2), the President may exercise, in accordance with the provisions of that Act, the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country.
(2)

Exception.—
Paragraph (1) does not apply with respect to urgent humanitarian assistance.
SEC. 1606.
[50 U.S.C. 1701 note]

WAIVER.
The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President determines and so reports to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives that it is essential to the national interest of the United States to exercise such waiver authority. Any such report shall provide a specific and detailed rationale for such determination.
SEC. 1607.
[50 U.S.C. 1701 note]

REPORTING REQUIREMENT.
(a)

Annual Report.—
[Repealed by section 1308(g)(1)(C) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 116 Stat. 1441).]
(b)

Report on Individual Transfers.—
Whenever the President determines that a person or foreign government has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report—
(1)
identifying the person or government and providing the details of the transfer; and
(2)
describing the actions the President intends to undertake or has undertaken under the provisions of this title with respect to each such transfer.
(c)

Form of Transmittal.—
Reports required by this section may be submitted in classified as well as in unclassified form.
SEC. 1608.
[50 U.S.C. 1701 note]

DEFINITIONS.
For purposes of this title:
(1)
The term “advanced conventional weapons” includes—
(A)
such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways;
(B)
such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; and
(C)
such other items or systems as the President may, by regulation, determine necessary for purposes of this title.
(2)
The term “cruise missile” means guided missiles that use aerodynamic lift to offset gravity and propulsion to counteract drag.
(3)
The term “goods or technology” means—
(A)
any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment; and
(B)
any information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods, including computer software and technical data.
(4)
The term “person” means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries.
(5)
The term “sanctioned country” means a country against which sanctions are required to be imposed pursuant to section 1605.
(6)
The term “sanctioned person” means a person that makes a transfer described in section 1604(a).
(7)
The term “United States assistance” means—
(A)
any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine;
(B)
sales and assistance under the Arms Export Control Act;
(C)
financing by the Commodity Credit Corporation for export sales of agricultural commodities; and
(D)
financing under the Export-Import Bank Act.
* * * * * * *
DIVISION C—

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
* * * * * * *
TITLE XXXIII—

NATIONAL DEFENSE STOCKPILE
subtitle A—

Modernization Program
SEC. 3301.

DEFINITIONS.
For purposes of this subtitle:
(1)
The terms “National Defense Stockpile” and “stockpile” mean the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2)
The term “National Defense Stockpile Transaction Fund” means the fund in the Treasury of the United States established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302.

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 Oxide, Abrasive Grain | 51,022 short tons
Aluminum Oxide, Fused Crude | 249,867 short tons
Antimony | 2,007 short tons
Asbestos, Chrysotile | 3,004 short tons
Bauxite, Metal Grade, Jamaican | 12,457,740 long tons
Bauxite, Metal Grade, Surinam | 5,299,597 long tons
Bauxite, Refractory | 207,067 long tons
Beryl Ore | 17,729 short tons
Bismuth | 1,825,955 pounds
Cadmium | 6,328,570 pounds
Chromite, Chemical Grade Ore | 208,414 short dry tons
Chromite, Metallurgical Grade Ore | 1,511,356 short dry tons
Chromite, Refractory Grade Ore | 232,414 short dry tons
Chromium, Ferro | 576,526 short tons
Cobalt | 13,000,000 pounds of contained cobalt
Copper | 29,641 short tons
Diamond, Bort | 4,001,334 carats
Diamond Stones | 2,422,075 carats
Fluorspar, Acid Grade | 892,856 short dry tons
Fluorspar, Metallurgical Grade | 410,822 short dry tons
Germanium | 713 kilograms
Graphite, Natural, Malagasy, Crystalline | 10,573 short tons
Graphite, Natural, Other than Ceylon & Malagasy | 2,803 short tons
Iodine | 5,835,022 pounds
Jewel bearings | 51,778,337 pieces
Lead | 610,053 short tons
Manganese, Ferro | 938,285 short tons
Manganese Ore, Metallurgical Grade | 1,627,425 short dry tons
Manganese, Battery Grade, Natural Ore | 68,226 short dry tons
Manganese, Battery Grade, Synthetic Dioxide | 3,011 short dry tons
Mercury | 128,026 flasks (76-pounds)
Mica, Phlogopite Splittings | 963,251 pounds
Nickel | 37,214 short tons
Quartz Crystals, Natural | 800,000 pounds
Rutile | 39,200 short tons
Sapphire & Ruby | 16,305,502 carats
Sebacic Acid | 5,009,697 pounds
Silicon Carbide | 28,774 short tons
Silver | 83,951,492 troy ounces
Tin | 141,278 metric tons
Vegetable Tannin, Chestnut | 4,976 long tons
Vegetable Tannin, Quebracho | 28,832 long tons
Vegetable Tannin, Wattle | 15,000 long tons
Zinc | 378,768 short tons
(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 President submits to Congress a revised annual materials plan under section 11(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–2(b)) that—
(1)
complies with the requirements of section 10(c) of such Act (50 U.S.C. 98h–1), as added by section 3314; and
(2)
contains the certification of the Secretary of Defense 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 such Act (50 U.S.C. 98h–5(b)).
(c)

Required Use of Previous Disposal Authorities.—
(1)
The President shall complete the disposal of all quantities of materials in the National Defense Stockpile that—
(A)
have been previously authorized for disposal by law; and
(B)
have not been disposed of before the date of the enactment of this Act.
(2)
The disposal of materials required by this subsection shall be completed before the end of the five-year period beginning on October 1, 1992, unless the President notifies Congress that the Market Impact Committee established under section 10(c) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(c)), as added by section 3314, determines that completion of the disposal of such materials during such period would result in the undue disruption of the usual markets of such materials. The notification shall also indicate the date on which the disposal of such materials will be completed.
(d)

Special Limitation Regarding Silver.—
(1)
The disposal of silver under this section may only occur in the form of coins or, subject to paragraph (2), as material furnished by the Federal Government to a contractor for the use of the contractor in the performance of a Federal Government contract.
(2)
A contractor receiving silver as Government furnished material shall pay the Federal Government the amount equal to the fair market value of the silver, as determined by the National Defense Stockpile Manager. The amount paid by the contractor for the silver shall be deposited in the National Defense Stockpile Transaction Fund.
(e)

Special Limitation Regarding Chromite and Manganese Ores.—
During fiscal year 1993, the disposal of chromite and manganese ores of metallurgical grade under subsection (a) may be made only for processing within the United States and the territories and possessions of the United States.
(f)

Special Limitation Regarding Chromium and Manganese Ferro.—
The disposal of chromium ferro and manganese ferro under subsection (a) may not commence before October 1, 1995.
(g)

Relationship to Other Disposal Authority.—
The disposal authority provided in subsection (a) is in addition to any other disposal authority provided by law.
SEC. 3303.

USE OF BARTER ARRANGEMENTS IN MODERNIZATION PROGRAM.
The President may enter into barter arrangements to dispose of materials under section 3302 in order to acquire strategic and critical materials for, or upgrade strategic and critical materials in, the National Defense Stockpile.
SEC. 3304.

DEPOSIT OF PROCEEDS FROM DISPOSALS IN THE NATIONAL DEFENSE STOCKPILE FUND.
All moneys received from the sale of materials under section 3302 shall be deposited in the National Defense Stockpile Transaction Fund.
* * * * * * *
SEC. 3306.
[50 U.S.C. 98h–1 note]

ADVISORY COMMITTEE REGARDING OPERATION AND MODERNIZATION OF THE STOCKPILE.
(a)

Appointment.—
Not later than March 15, 1993, the President shall appoint an advisory committee under section 10(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(a)) to make recommendations to the President concerning the operation and modernization of the National Defense Stockpile.
(b)

Membership.—
The committee shall consist of members who have expertise regarding strategic and critical materials, including—
(1)
employees of Federal agencies (including the Department of Defense, the Department of State, the Department of Commerce, the Department of Energy, the Department of the Treasury, the Department of the Interior, and the Federal Emergency Management Agency);
(2)
representatives of mining, processing, and fabricating industries and consumers that would be affected by the acquisition of materials for the stockpile or the disposal of materials from the stockpile; and
(3)
other interested persons or representatives of interested organizations.
* * * * * * *
subtitle B—

Programmatic Changes
* * * * * * *
SEC. 3315.

CLARIFICATION OF THE STOCKPILE STATUS OF CERTAIN MATERIALS.
All materials purchased under section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) and held in the Defense Production Act inventory as of June 30, 1992, are hereby transferred to the National Defense Stockpile and shall be managed, controlled, and subject to disposal by the National Defense Stockpile Manager as provided in the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a et seq.).
* * * * * * *
DIVISION D—

DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
SEC. 4001.
[10 U.S.C. 2491 note]

SHORT TITLE.
This division may be cited as the “Defense Conversion, Reinvestment, and Transition Assistance Act of 1992”.
* * * * * * *
TITLE XLIV—

PERSONNEL ADJUSTMENT, EDUCATION, AND TRAINING PROGRAMS
* * * * * * *
subtitle E—

Environmental Education and Retraining Provisions
SEC. 4451.
[10 U.S.C. 2701 note]

ENVIRONMENTAL SCHOLARSHIP AND FELLOWSHIP PROGRAMS FOR THE DEPARTMENT OF DEFENSE.
(a)

Establishment.—
The Secretary of Defense (hereinafter in this section referred to as the “Secretary”) may conduct scholarship and fellowship programs for the purpose of enabling individuals to qualify for employment in the field of environmental restoration or other environmental programs in the Department of Defense.
(b)

Eligibility.—
To be eligible to participate in the scholarship or fellowship program, an individual must—
(1)
be accepted for enrollment or be currently enrolled as a full-time student at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965);
(2)
be pursuing a program of education that leads to an appropriate higher education degree in engineering, biology, chemistry, or another qualifying field related to environmental activities, as determined by the Secretary;
(3)
sign an agreement described in subsection (c);
(4)
be a citizen or national of the United States or be an alien lawfully admitted to the United States for permanent residence; and
(5)
meet any other requirements prescribed by the Secretary.
(c)

Agreement.—
An agreement between the Secretary and an individual participating in a scholarship or fellowship established in subsection (a) shall be in writing, shall be signed by the individual, and shall include the following provisions:
(1)
The agreement of the Secretary to provide the individual with educational assistance for a specified number of school years (not to exceed 5 years) during which the individual is pursuing a course of education in a qualifying field. The assistance may include payment of tuition, fees, books, laboratory expenses, and (in the case of a fellowship) a stipend.
(2)
The agreement of the individual to perform the following:
(A)
Accept such educational assistance.
(B)
Maintain enrollment and attendance in the educational program until completed.
(C)
Maintain, while enrolled in the educational program, satisfactory academic progress as prescribed by the institution of higher education in which the individual is enrolled.
(D)
Serve, upon completion of the educational program and selection by the Secretary under subsection (e), as a full-time employee in an environmental restoration or other environmental position in the Department of Defense for the applicable period of service specified in subsection (d).
(d)

Period of Service.—
The period of service required under subsection (c)(2)(D) is as follows:
(1)
For an individual who completes a bachelor's degree under a scholarship program established under subsection (a), a period of 12 months for each school year or part thereof for which the individual is provided a scholarship under the program.
(2)
For an individual who completes a master's degree or other post-graduate degree under a fellowship program established under subsection (a), a period of 24 months for each school year or part thereof for which the individual is provided a fellowship under the program.
(e)

Selection for Service.—
The Secretary shall annually review the number and performance under the agreement of individuals who complete educational programs during the preceding year under any scholarship and fellowship programs conducted pursuant to subsection (a). From among such individuals, the Secretary shall select individuals for environmental positions in the Department of Defense, based on the type and availability of such positions.
(f)

Repayment.—
(1)
Any individual participating in a scholarship or fellowship program under this section shall agree to pay to the United States the total amount of educational assistance provided to the individual under the program, plus interest at the rate prescribed in paragraph (4), if—
(A)
the individual does not complete the educational program as agreed to pursuant to subsection (c)(2)(B), or is selected by the Secretary under subsection (e) but declines to serve, or fails to complete the service, in a position in the Department of Defense as agreed to pursuant to subsection (c)(2)(D); or
(B)
the individual is involuntarily separated for cause from the Department of Defense before the end of the period for which the individual has agreed to continue in the service of the Department of Defense.
(2)
If an individual fails to fulfill the agreement of the individual to pay to the United States the total amount of educational assistance provided under a program established under subsection (a), plus interest at the rate prescribed in paragraph (4), a sum equal to the amount of the educational assistance (plus such interest, if applicable) shall be recoverable by the United States from the individual or his estate by—
(A)
in the case of an individual who is an employee of the Department of Defense or other Federal agency, set off against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the United States; and
(B)
such other method provided by law for the recovery of amounts owing to the United States.
(3)
The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
(4)
The total amount of educational assistance provided to an individual under a program established under subsection (a) shall, for purposes of repayment under this section, bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)).
(g)

Preference.—
In evaluating applicants for the award of a scholarship or fellowship under a program established under subsection (a), the Secretary shall give a preference to—
(1)
individuals who are, or have been, employed by the Department of Defense or its contractors and subcontractors who have been engaged in defense-related activities; and
(2)
individuals who are or have been members of the Armed Forces.
(h)

Coordination of Benefits.—
A scholarship or fellowship awarded under this section shall be taken into account in determining the eligibility of the individual for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(i)

Award of Scholarships and Fellowships.—
The Secretary may award to qualified applicants not more than 100 scholarships (for undergraduate students) and not more than 30 fellowships (for graduate students) in fiscal year 1993.
(j)

Report to Congress.—
Not later than January 1, 1994, the Secretary shall submit to the Congress a report on activities undertaken under the programs established under subsection (a) and recommendations for future activities under the programs.
(k)

Funding for Fiscal Year 1993.—
Of the amount authorized to be appropriated in section 301(5)—
(1)
$7,000,000 shall be available to carry out the scholarship and fellowship programs established in subsection (a); and
(2)
$3,000,000 shall be available to provide training to Department of Defense personnel to obtain the skills required to comply with existing environmental statutory and regulatory requirements.
* * * * * * *
subtitle F—

Job Training and Employment and Educational Opportunities
SEC. 4461.
[10 U.S.C. 1143 note]

IMPROVED COORDINATION OF JOB TRAINING AND PLACEMENT PROGRAMS FOR MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall consult with the Secretary of Labor, the Secretary of Education, the Secretary of Veterans Affairs, and the Economic Adjustment Committee to improve the coordination of, and eliminate duplication between, the following job training and placement programs available to members of the Armed Forces who are discharged or released from active duty:
(1)
Title I of the Workforce Investment Act of 1998.
(2)
Sections 1143 and 1144 of title 10, United States Code.
(3)
Chapter 41 of title 38, United States Code.
(4)
The Act of August 16, 1937 (Chapter 663; 50 Stat 664; 29 U.S.C. 50 et seq.), commonly known as the National Apprenticeship Act.
(5)
The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
* * * * * * *
SEC. 4463.
[10 U.S.C. 1143a note]

PROGRAM OF EDUCATIONAL LEAVE RELATING TO CONTINUING PUBLIC AND COMMUNITY SERVICE.
(a)

Program.—
Under regulations prescribed by the Secretary of Defense and subject to subsections (b) and (c), the Secretary concerned may grant to an eligible member of the Armed Forces a leave of absence for a period not to exceed one year for the purpose of permitting the member to pursue a program of education or training (including an internship) for the development of skills that are relevant to the performance of public and community service. A program of education or training referred to in the preceding sentence includes any such program that is offered by the Department of Defense or by any civilian educational or training institution.
(b)

Eligibility Requirement.—
(1)
A member may not be granted a leave of absence under this section unless the member agrees in writing—
(A)
diligently to pursue employment in public service and community service organizations upon the separation of the member from active duty in the Armed Forces; and
(B)
to serve in the Ready Reserve of an armed force, upon such separation, for a period of 4 months for each month of the period of the leave of absence.
(2)
(A)
A member may not be granted a leave of absence under this section until the member has completed any period of extension of enlistment or reenlistment, or any period of obligated active duty service, that the member has incurred under section 708 of title 10, United States Code.
(B)
The Secretary concerned may waive the limitation in subparagraph (A) for a member who enters into an agreement with the Secretary for the member to serve in the Ready Reserve of a reserve component for a period equal to the uncompleted portion of the member's period of service referred to in that subparagraph. Any such period of agreed service in the Ready Reserve shall be in addition to any other period that the member is obligated to serve in a reserve component.
(c)

Treatment of Leave of Absence.—
A leave of absence under this section shall be subject to the provisions of subsections (c) and (d) of section 708 of title 10, United States Code.
(d)

Exclusion From End Strength Limitation.—
A member of the Armed Forces, while on leave granted pursuant to this section, may not be counted for purposes of any provision of law that limits the active duty strength of the member's armed force.
(e)

Definitions.—
In this section:
(1)
The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code.
(2)
The term “eligible member of the Armed Forces” means a member of the Armed Forces who is eligible for an educational leave of absence under section 708(e) of such title.
(3)
The term “public service and community service organization” has the meaning given such term in section 1143a of such title (as added by section 531(a)).
(f)

Expiration.—
The authority to grant a leave of absence under subsection (a) shall expire on December 31, 2001.
[Section 4464 was repealed by section 553(c)(1) of division A of Public Law 115–232.]
SEC. 4466.
[10 U.S.C. 1143 note]

PARTICIPATION OF DISCHARGED MILITARY PERSONNEL IN UPWARD BOUND PROJECTS TO PREPARE FOR COLLEGE.
(a)

Program.—
The Secretary of Defense may carry out a program to assist a member of the Armed Forces described in subsection (b) who is accepted to participate in an upward bound project assisted under section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a–13) to cover the cost of providing services through the project to the member to assist the member to prepare for and pursue a program of higher education upon separation from active duty. Assistance provided under the program may include a stipend provided under subsection (d) of such section.
(b)

Eligible Members.—
A member of the Armed Forces shall be eligible for assistance under subsection (a) if the member—
(1)
was on active duty or full-time National Guard duty on September 30, 1990;
(2)
during the five-year period beginning on that date, was or is discharged or released from such duty (under other than adverse circumstances); and
(3)
submits an application to the Secretary of Defense within such time, in such form, and containing such information as the Secretary of Defense may require.
(c)

Notification of Members Previously Separated.—
To the extent feasible, the Secretary of Defense shall notify members of the Armed Forces who, between September 30, 1990, and the date of the enactment of this Act, were discharged or released from active duty or full-time National Guard duty regarding the availability of the program under subsection (a). The Secretary may establish a time limit within which such members may apply to participate in the program.
(d)

Provision of Assistance.—
(1)

Determination of amount.—
The amount of assistance provided under subsection (a) to a member of the Armed Forces shall be equal to the anticipated cost of providing services to the member through an upward bound project, subject to the limitation that such amount may not exceed the monthly basic pay to which the member is entitled at the time of the separation of the member. The Secretary of Defense may provide assistance in excess of that limitation if the Secretary determines, on a case by case basis, that such assistance is warranted by the special training needs of the member.
(2)

Consultation.—
The Secretary of Education may assist the Secretary of Defense in determining the amount to be provided under paragraph (1).
(e)

Use of Assistance.—
A member of the Armed Forces who is selected to participate in the program may receive services through any upward bound project assisted under section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a–13) to the same extent as other individuals eligible to receive such services. A member may not participate after the end of the two-year period beginning on the date on which the member is discharged or released from active duty, except that, in the case of a member described in subsection (b) who was discharged or released from active duty before the date of the enactment of this Act, the period for participation in the program shall be two years from the date of the enactment of this Act.
(f)

Reimbursement.—
Upon submission to the Secretary of Defense of a request for reimbursement of the costs to provide services to a participant, the Secretary shall reimburse the upward bound project submitting the request for the actual cost of providing services (including a stipend) to the member, not to exceed the amount provided under subsection (d)(1). Funds provided under this subsection shall be in addition to the funds otherwise provided to the project under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). Not more than 10 percent of the funds provided under this subsection may be used for administrative costs.
(g)

Funding for Fiscal Year 1993.—
Of the amount authorized to be appropriated in section 301 for Defense Agencies, $5,000,000 shall be available to provide assistance under this section.
(h)

Application to Coast Guard.—
The Secretary of Homeland Security may implement the provisions of this section for the Coast Guard in the same manner and to the same extent as such section applies to the Department of Defense.
* * * * * * *
SEC. 4471.
[10 U.S.C. 2501 note]

NOTICE TO CONTRACTORS AND EMPLOYEES UPON PROPOSED AND ACTUAL TERMINATION OR SUBSTANTIAL REDUCTION IN MAJOR DEFENSE PROGRAMS.
(a)

Notice Requirement After Enactment of Appropriations Act.—
Each year, not later than 60 days after the date of the enactment of an Act appropriating funds for the military functions of the Department of Defense, the Secretary of Defense, in accordance with regulations prescribed by the Secretary—
(1)
shall identify each contract (if any) under major defense programs of the Department of Defense that will be terminated or substantially reduced as a result of the funding levels provided in that Act; and
(2)
shall ensure that notice of the termination of, or substantial reduction in, the funding of the contract is provided—
(A)
directly to the prime contractor under the contract; and
(B)
directly to the Secretary of Labor.
(b)

Notice to Subcontractors.—
Not later than 60 days after the date on which the prime contractor for a contract under a major defense program receives notice under subsection (a), the prime contractor shall—
(1)
provide notice of that termination or substantial reduction to each person that is a first-tier subcontractor under that prime contract for subcontracts in an amount not less than $500,000; and
(2)
require that each such subcontractor—
(A)
provide such notice to each of its subcontractors for subcontracts in an amount in excess of $100,000; and
(B)
impose a similar notice and pass through requirement to subcontractors in an amount in excess of $100,000 at all tiers.
(c)

Contractor Notice to Employees and State Dislocated Worker Unit.—
Not later than two weeks after a defense contractor receives notice under subsection (a), the contractor shall provide notice of such termination or substantial reduction to—
(1)
(A)
each representative of employees whose work is directly related to the defense contract under such program and who are employed by the defense contractor; or
(B)
if there is no such representative at that time, each such employee; and
(2)
the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998, and the chief elected official of the unit of general local government within which the adverse effect may occur.
(d)

Constructive Notice.—
The notice of termination of, or substantial reduction in, a defense contract provided under subsection (c)(1) to an employee of a contractor shall have the same effect as a notice of termination to such employee for the purposes of determining whether such employee is eligible to participate in employment and training activities carried out under title I of the Workforce Investment Act of 1998, except in a case in which the employer has specified that the termination of, or substantial reduction in, the contract is not likely to result in plant closure or mass layoff.
(e)

Loss of Eligibility.—
An employee who receives a notice of withdrawal or cancellation of the termination of, or substantial reduction in, contract funding shall not be eligible, on the basis of any related reduction in funding under the contract, for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or to participate in employment and training activities under title I of the Workforce Investment Act of 1998, beginning on the date on which the employee receives the notice.
(f)

Definitions.—
For purposes of this section:
(1)
The term “major defense program” means a program that is carried out to produce or acquire a major system (as defined in section 2302(5)2 of title 10, United States Code).
^2
Effective on January 1, 2022, section 4471(f)(1) is amended by section 1806(e)(2)(E) of Public Law 116–283 by striking “section 2302(5)” and inserting “section 3041”.
(2)
The terms “substantial reduction” and “substantially reduced”, with respect to a defense contract under a major defense program, mean a reduction of 25 percent or more in the total dollar value of the funds obligated by the contract.
* * * * * * *