[Congressional Record Volume 140, Number 62 (Wednesday, May 18, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
NATIONAL DEFENSE AUTHORIZA-TION ACT FOR FISCAL YEAR 1995
The SPEAKER pro tempore. Pursuant to House Resolution 429 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill (H.R.
4301), to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes.
The Chair designates the gentleman from Illinois [Mr. Durbin] as
Chairman of the Committee of the Whole and requests the gentleman from
New Jersey [Mr. Menendez] to assume the chair temporarily.
{time} 1405
in the committee of the whole
Accordingly the House resolved itself into the Committee of the Whole
House on the State of the Union for the consideration of the bill, H.R.
4301, with Mr. Menendez, Chairman pro tempore, in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to House Resolution 429, the bill
is considered as having been read the first time.
Under the rule, the gentleman from California [Mr. Dellums] will be
recognized for 1 hour, and the gentleman from South Carolina [Mr.
Spence] will be recognized for 1 hour.
The Chair recognizes the gentleman from California [Mr. Dellums].
Mr. DELLUMS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this year the Armed Services Committee again faced the
task of authorizing national defense programs in a time of continuing
transition and strategic uncertainty, a period of continuing analysis
and development of fundamental defense doctrine, and in the face of
increasingly severe Federal budgetary constraints.
The committee held a number of hearings to explore these issues, in
order to build an analytical base for the on going defense debate. We
heard testimony on the situations unfolding in the former Soviet Union
and Yugoslavia, and on the Korean peninsula. We analyzed DOD's Bottom-
Up Review and its planning scenarios, the Navy's ship acquisition
strategy, and our military airlift requirements. We employed the
emergence and importance of peace operations in this changed
environment.
Although broad differences of opinion exist within the committee
regarding the pace and scale of the post-cold-war force changes, we
reported H.R. 4301 on a 55-1 vote. This near unanimity reflects a
determination to fill the bill within budget limitations, while
structuring programs to provide the training and material necessary so
our forces can meet their missions. The future will require an even
more vigorous debate, to answer the many remaining questions.
What military role remains for nuclear weapons in our arsenal, if
any? What constitutes critical defense industrial base skills demanding
a constant procurement or research stream, and in what areas can we
rely upon our general industrial and technological base to meet our
military needs? What size and type of force do we need for this period,
and how does it relate to other military and nonmilitary resource
needs? How should we train and equip them? These are but a few of the
questions which must be answered in the future.
Although important matters have been deferred, the committee
undertook a number of significant measures to address the national
security challenges facing the Nation. The President requested $263.7
billion in defense spending for fiscal year 1995. The budget authority
implications of the committee bill are $262.7 billion, an amount
consistent with the results of the Budget Conference and the allocation
process within the House Appropriations Committee.
The committee successfully grappled with the issue of acquisition
reform; confronted the debilitating problems of sexual harassment and
the effects of race and sex discrimination; provided for a vigorous and
robust training and operations program to ensure readiness; broadened
the missions of our national laboratories to reflect emerging national
security priorities; and further developed our previous commitment to
defense economic reinvestment and conversion.
In addition, we recommended initial steps to protect important
industrial base assets, pending a thorough analysis of long-term
industrial base needs; provided for needed environmental cleanup
programs; and continued a reassessment and realignment of strategic
forces in line with the dramatic transformation of the strategic
threat.
Here are some additional highlights of the committee bill that
exemplify these and other initiatives:
The bill ensures readiness by protecting the substance of the
administration's 13.5 percent increase per active duty service member
for training, operations and maintenance.
The bill continues our dual-use technology reinvestment program and
matures the initiatives begun earlier in defense conversion.
With the growing recognition of the need for our military to act in
compliance with environmental regulations, and because advance planning
may ultimately reduce the significant costs associated with cleanup,
the bill requires the Secretary of Defense to conduct an analysis in
compliance with the National Environmental Policy Act of the life-cycle
environmental costs of major defense acquisition programs, before
development commences.
In order to ensure that DOD programs are open to full and fair
competition, the bill directs GAO to conduct a study of the
participation of women-owned small business in defense contracting; it
also directs the Secretary of Defense to reevaluate the accounting
method now used to assess compliance with DOD's 5-percent minority
contracting goal.
The acquisition subcommittee--and then the full committee--faced a
number of important decisions regarding weapons and other systems. What
follows are some of the major items in the acquisition area:
The C-17 is one of the larger issues confronted by the committee this
year. Unfortunately, DOD did not provide sufficient information to us
regarding the C-17, which forced us to craft a solution to the several
problems presented by the current airlift modernization strategy. We
sought to preserve options and ensure an expansion of needed airlift
capability, which we do not believe can be provided effectively by the
C-17 alone. The committee recommends a complementary mix of four C-17
aircraft plus $550 million for the acquisition of nondevelopmental
alternative aircraft that would be procured under competitive
procedures. Such planes may more appropriately fill part of the airlift
need and the early startup of this acquisition process will guard
against the airlift capability shortfall associated with a C-17-only
approach.
The committee faced a dilemma regarding the nuclear aircraft carrier
(CVN-76), which the Navy sought to fund partially through the
utilization of unobligated funds from a prior year appropriation. The
committee chose instead to provide full funding, $3.6 billion, for the
aircraft carrier from fiscal year 1995 accounts. It also provided
advance procurement, $100 million, for the large-deck amphibious ship
LHD-7. The projected acquisition of the LHD-7 ahead of the LX, reverses
the Navy's proposed acquisition sequence but seems better suited to
Marine Corps needs and industrial base preservation strategies.
In recognition that the perceived imperatives of the cold war have
evaporated with regard to the strategic conflict with the former Soviet
Union, the bill prohibits modification of Trident submarines currently
carrying C-4 missiles to enable them to carry D-5 missiles.
The committee continues to work with the Government Operations
Committee to move a separate, comprehensive acquisition reform bill.
This should be done in the very near future. In the meantime, the
committee has recommended taking action on some defense-unique
requirements relating to reporting and weapons testing and other
service specific considerations. These proposals are based on the
recommendations of the advisory report on streamlining defense
acquisition laws.
The bill also provides for a bridge on Apache procurement that will
preserve the production line between the end of the planned AH-64A
program and the initiation of AH-64D deliveries.
Because of problems with all aspects of the program the committee
bill would terminate the costly and chronically troubled Tri-Service
Standoff Attack Missile [TSSAM].
Recognizing that cold war space systems purchased to manage that
strategic environment are costly for our current needs, the committee
undertook to accelerate the MILSTAR III communications satellite
program, which may allow it to replace the last two MILSTAR II
satellites. We have requested that DOD provide us with a military
communications master plan, and we have fenced $50 million until it
does so.
In addition, the committee proposes that a ballistic missile early
warning satellite assurance fund of $300 million be established to
reduce the risk associated with the transition from the DSP satellite
program to the initial availability of the followon ALARM satellite
program.
The bill contains a package of Guard and Reserve procurement
initiatives totaling $785 million.
The committee bill includes $100 million for a bomber force upgrade
fund to maintain operational B-1 or B-52's, or to purchase B-1
conventional upgrades.
The overall thrust of these provisions is an effort to realign our
forces to meet the threats and realities of the post-cold war world in
which they must operate. It reflects a prudent, perhaps conservative,
view of how to meet those needs.
Some committee members fear, though, that we are cutting too quickly
in the face of continuing strategic uncertainties and that we will face
an inability to meet the mission requirements posited in the Bottom-Up
Review. It bears noting that the Congressional Budget Office testified
before the committee that the Bottom-Up Review force was generally
affordable within the 5-year defense plan.
Beyond that, the Bottom-Up Review commits the United States to meet a
much more stringent planning requirement than was being planned for
under the Bush administration. And, it would have us plan to be able to
meet two major regional contingencies without benefit of allied
participation. Finally, it must be noted that the administration's
current plans will provide significant force enhancements, an actual
expansion of military capability in the midterm.
There are those on the committee, including this gentleman, who
believe that we have not gone far enough in implementing a realignment
made possible by the end of the cold war. I believe that the
information garnered in our hearings will allow us in the future to
make substantial further cuts in force structure and to reduce and
realign important acquisition programs. A failure to do so threatens to
carry forward too large a force structure that is organized for the
wrong purposes. This will hamper both our ability to meet our urgent
and desperate civilian needs and the more practical requirements of our
defense forces.
This is the debate that ensues, both with the amendments that are now
before you and with the committee bills that will come forward in the
future.
{time} 1420
Mr. SPENCE. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Chairman, before commencing I want to thank Chairman
Dellums for the way in which he has led the committee this year. The
fact that the committee reported a bill that codifies the President's
controversial defense budget figure on a nearly unanimous vote speaks
volumes about the chairman's respect for the process and the rights of
his colleagues.
If you are able to take H.R. 4301 out of its broader context, namely
an insufficient top-line spending figure, then the committee bill
represents a reasonable balance of political realities and substantive
requirements. There is much that is good about this bill. For instance,
it explicitly rejects the President's proposal to pay the U.S. share of
U.N. peacekeeping costs out of the Department of Defense budget instead
of the State Department budget. It provides for a military pay raise of
2.6 percent, which is consistent with the requirements of current law.
The President had proposed a pay raise of only 1.6 percent. It
readjusts the schedule on which military retirees receive their COLA's
in fiscal year 1995 to make it consistent with the schedule for all
other Federal civilian COLA's.
In the broader context of the President's national security strategy,
there is much to be troubled about. The world has not become any
friendlier, nor the administration's foreign policy any more reassuring
since the House debated the fiscal year 1994 defense authorization bill
last September.
North Korea has transitioned from rattling their nuclear sabers to
playing nuclear brinkmanship. If last weekend's report that the North
Koreans have started to remove fuel rods from their experimental
reactor is accurate, it would represent a major escalation of the
crisis--an escalation that must be responded to with stiff economic
sanctions. As Secretary Perry has indicated on numerous occasions, it
is not clear how long the road is between sanctions and the possibility
of armed conflict.
The United States has stumbled further down the slippery slope of
direct military involvement in the civil war in Bosnia--an involvement
that may ultimately include the stationing of 20,000-30,000 U.S. ground
troops for a period of years.
The administration's expanded policy in Somalia, including the
manhunt for General Aideed, resulted in the tragic October deaths of 18
U.S. military personnel and ultimately ended in failure.
Ethnic, religious, and nationalist-inspired violence around the
periphery of the former Soviet Union grows, while Russian nationalism
is on the rise.
To anyone who believes that the post cold war will be a kinder and
gentler world, one has only to consider the hatred and inhumanity that
has characterized the Rwandan tribal violence of the past month--it
defies description.
clinton defense spending reductions
Despite the violence, turmoil, and instability that characterize the
post cold war world, President Clinton continues to call for the
deepest defense spending reductions since World War II. The fiscal year
1995 defense budget request is almost $9 billion in outlays below
current fiscal year 1994 spending levels, and follows on the heels of 9
consecutive years of declining defense budgets. In a broader sense, the
fiscal year 1995 defense request is only the second installment in the
President's 6-year plan to reduce defense spending by approximately
$156 billion. By 1999, the defense budget will represent only 2.8
percent of U.S. gross domestic product--the lowest level since the
Great Depression. By comparison, over the same timeframe, the
President's budget would have domestic spending increase by 12 percent
and entitlements by 38 percent.
We often become impervious to these kinds of statistics because we
rarely gain an understanding of their day-to-day implications.
Therefore, to help put the Clinton administration's defense spending
reductions into some perspective: In fiscal year 1994, on average DOD
is releasing almost 12,000 active duty, reserve, and civilians each
month. In fiscal year 1995, the monthly average will increase to
15,000.
Over the 5-year period from fiscal year 1992 to 1997, Bureau of Labor
Statistics information indicates that an average of 20,000 private
sector defense-related jobs will be lost each month. The U.S. aerospace
industry has not employed so few workers since Jimmy Carter was
President.
In fiscal year 1995, on average, DOD will retire 1 ship, 37 primary
authorized aircraft and 1 combat battalion each month.
By fiscal year 1999, active duty military will be down 32 percent,
selected reserves down 20 percent, DOD civilians down 29 percent, Army
divisions down 45 percent, Navy battle force ships down 37 percent, and
attack/fighter aircraft down 40 percent compared to fiscal year 1985
levels.
No matter how you look at these various Clinton defense budget
indicators, the trends are all down.
dod budget shortfalls
The fact that the Clinton 5-year defense plan is substantially
underfunded only compounds these already troubling trends. Secretary
Perry has testified that the 5-year budget shortfall is approximately
$20 billion, although I believe that the shortfall resulting from
discrepancies between the Bottom-Up Review and the Clinton defense
spending plan is much larger. Some analysts contend that the budget
shortfall is as large as $100 billion.
The 5-year shortfall results from the Bottom-Up Review's overstated
estimates of personnel, modernization, and infrastructure savings and
its understated costs that include the congressionally endorsed
military pay rise, full funding of the Odeen Panel-identified
management reform shortfall, and underestimated inflation.
nondefense spending
Still further compounding the problems is the proliferation of
nondefense initiatives funded out of the defense budget that have the
effect of cannibalizing an already declining budget from within.
Examples of these numerous nondefense initiatives abound, but examples
include environmental cleanup, defense conversion programs, that simply
transfer defense funds to other executive branch agencies, foreign
assistance programs, so-called conversion programs to provide for
troops to health care workers, troops to teachers and troops to
policeman programs.
The dramatic decline in defense spending, coupled with budget
shortfalls and the growth of nondefense initiatives funded in the
defense budget make protecting readiness an increasingly difficult
proposition.
readiness
Since taking office, a principal rhetorical theme emphasized by the
Clinton administration in the area of national security has been the
protection of U.S. military readiness. yet all defense budget trends
point in the direction of an impending readiness problem. As
demonstrated by last year's divisive debates over the President's
proposals on allowing homosexuals to serve in the military and denying
the military a pay raise, readiness has come to mean more than OPTEMPO
activities such as tank miles, aircraft flying hours, and ship steaming
days. The magnitude of the Clinton administration's proposed defense
spending reductions, following on the heels of cutbacks in defense
spending since the mid-1980s, has served to expand the definition of,
and debate over, readiness.
people
The readiness of a high-quality, all-volunteer force places a
premium, first and foremost, on people. However, the administration's
continued insistence on reducing pay, for example, is having a negative
effect on men and women in the military who are already justifiably
concerned about their futures. The early indicators of a personnel
problem are evident as the propensity among young people to enlist in
the armed services is down, the quality of recruits is declining, and
the services are having a difficult time meeting their recruiting
objectives. Unfortunately, I am not surprised since the Clinton
administration has demonstrated an insensitivity to the importance of
people and the central role our men and women in uniform play in
maintaining a ready force.
modernization
While the debate over readiness grows, the linkage between
modernization and maintenance of a ready force has also become
apparent. As Chairman of the Joint Chiefs of Staff, General
Shalikashvili, recently testified, ``modernization is the key to future
readiness.'' Protecting a viable industrial base will, of course, be
integral to any cost-effective modernization of U.S. military forces in
the future. Unfortunately, the administration's approach to
preservation of the industrial base and force modernization is not a
strategy for success.
Despite a 67-percent real reduction in procurement spending and a 20-
percent real reduction in research and development spending since the
mid-1980s, President Clinton's defense budget nevertheless projects
spending $93 billion less on modernization than the Bush administration
proposed over the next 5 years. As noted earlier, these reductions are
in part responsible for the average monthly loss of 20,000 private
sector defense jobs under the Clinton budget from fiscal year 1992 to
1997.
The administration's modernization plan will delay any significant
force modernization until next century, will dramatically increase the
costs associated with any such modernization effort, and will pass the
responsibility for building a political consensus and securing the
requisite funding to some future administration. The lack of
modernization spending and the quantity and quality of defense-related
jobs being lost over the remainder of this decade as a consequence
raises disconcerting questions about the state in which our defense
industrial base will be in by the time a future administration is
confronted with the necessity of having to modernize the force. A force
in desperate need of modernization early in the next century will not
be a ready force.
conclusion
Last year I expressed my fear that the Clinton defense spending plan
would damage U.S. military preparedness and, in the long-term, would
reduce our capability to employ military force as an effective foreign
policy tool to protect and promote U.S. national interests. Since that
time, the debacles in Somalia, Haiti, and even Bosnia have vividly
reinforced my initial fears.
In the absence of a commitment to reverse course and increase the
defense budget, the Clinton administration will be hard pressed to
continue demanding that the military do more with less without ensuring
a return to the hollow military of the late 1970's.
I reserve the balance of my time.
{time} 1430
Mr. KYL. Mr. Chairman, will the gentleman yield?
Mr. SPENCE. I yield to the gentleman from Arizona.
(Mr. KYL asked and was given permission to revise and extend his
remarks.)
Mr. KYL. Mr. Chairman, the process by which the Military Forces and
Personnel Subcommittee provisions were put together was open and fair
and gave full consideration to Republican concerns. Since this is the
last time I will report to the full House as the ranking Republican of
the subcommittee, I want to thank Chairman Skelton for his
consideration and leadership. As a result, the section is a strong,
positive effort that addresses issues critical to the men and women of
the Armed Forces.
Of the approximately 60 legislative provisions in the Military Forces
and Personnel section, let me just highlight a few.
Pay raise: We did the right thing by providing a full 2.6 percent pay
raise for the military. We cannot shirk our responsibility to provide
adequate compensation to those men and women.
Retiree COLA equity: I am gratified that the committee unanimously
accepted my amendment to restore the payment of military retiree cost-
of-living allowances in fiscal year 1995 to the same schedule as
Federal civilian retirees. This is a matter of fairness and civilian
retirees will now be treated the same.
Desert storm mystery illness: Mr. Buyer's efforts to focus us on the
plight of sick active duty veterans of the Persian Gulf war resulted in
what I think is one of the major provisions from our subcommittee. With
this legislation, DOD should have the impetus to begin correcting the
inattentive, uncoordinated, and ineffective care it was providing to
service members.
Victim's advocates and whistleblower protection: The need to protect
a person from retaliation after sexual harassment or unlawful
discrimination was made abundantly clear to the committee by the women
who testified. What happened to them should not ever again be allowed.
Similarly, our legislation meets one more glaring need: to provide
victims of sexual harassment, sexual and domestic violence, and
unlawful discrimination an advocate in the process.
Active end strength: I know that Chairman Skelton would have
increased end strength if resources had been available. Unfortunately,
those resources were not available and so this bill does not provide
the end strength necessary to adequately man the forces needed for two
major regional contingencies. In fact, end strength decreases 85,000
from fiscal year 1994 levels. That decrement leaves the Army at least
30,000 personnel short of what would be required to adequately man its
forces. That decrement only increases the risk of failure in war and
higher casualties. Those are risks we should have avoided.
Mr. Chairman, in closing, I again commend Mr. Skelton for the way he
conducted business this year. I voted to report the bill out of
committee largely because the provisions in our portion of the bill.
department of energy nuclear programs
I am pleased to join John Spratt in recommending that the House
support the DOE portion of the fiscal year 1995 DOD authorization bill.
Overall, I am supportive of the funding levels provided for Department
of Energy national security programs and environmental restoration and
waste management.
As this will be my last time addressing the House as ranking member
of the DOE Nuclear Facilities Panel, I want to take this opportunity to
voice my strong concern about the welfare of defense nuclear programs
within the Clinton Department of Energy. For the past 2 years a number
of policy decisions have been made which, in my opinion, indicate that
the Clinton administration is pursuing a policy of nuclear atrophy.
When combined with decisions from last year that weakened the nuclear
weapons development and production infrastructure, it is clear to me
that the United States risks losing the competency and capabilities
necessary to field and maintain a credible nuclear deterrent. It
appears to me that this administration has brought the weapons complex
perilously close to collapsing from neglect.
The Clinton administration has extended the moratorium on nuclear
testing through September 1994, despite concrete evidence that
confidence in our nuclear stockpile will erode without testing; and,
the Clinton administration has decided to virtually abandon Complex 21,
providing the United States with minimal capability to manufacture
nuclear weapons, if necessary, in the future.
Additionally, I am concerned about the lack of any tritium production
capability. Without immediate action to establish a reliable source of
tritium, the United States will lose the capability to maintain the
nuclear weapons in our stockpile.
I strongly urge all of my colleagues to pay attention to the
decisions emanating from the Clinton Department of Energy. The future
of our nuclear deterrent depends on it.
Mr. DELLUMS. Mr. Chairman, I yield 4 minutes to the gentlewoman from
Colorado [Mrs. Schroeder], chairman of the Subcommittee on Research and
Technology.
Mrs. SCHROEDER. Mr. Chairman, I am pleased to discuss the research
and technology portions, including the defense conversion provisions,
of H.R. 4301, the defense authorization bill.
This year we focused on three broad themes that allowed the
subcommittee to gauge the content of the administration's request. The
first is the maturing initiatives in defense conversion which the
Congress began 2 years ago.
The committee is recommending over $3.6 billion to fund the
Department of Defense's reinvestment and economic growth initiatives.
This is the major part of the President's overall $4.8 billion
multiagency conversion program. We are authorizing roughly $600 million
for the Technology Reinvestment Project [TRP], bringing the total
investment to date to over $1\1/2\ billion. The tremendous response to
the Technology Reinvestment Project attests to its role as the
cornerstone of conversion efforts. Our title makes some modifications
in the current TRP program to encourage greater defense worker and
small business participation. We are also recommending a mandatory loan
guarantee program for defense diversification and conversion activities
and linked the program to defense worker skill retention to complement
technology reinvestment activities. We expect this $50 million loan
guarantee initiative to generate up to $1 billion in loan volume to
capitalize commercial markets and stimulate near-term job creation.
The second element of our recommendation is ensuring the continued
transformation of technology programs from those which supported the
cold war to those which support the post-cold-war environment.
The committee supported the new Air Force/Navy Joint Advanced Strike
Technology Aircraft Program, called JAST. That hopefully will lead to
lower cost and greater commonality in the next generation strike
aircraft.
The committee also supported the Navy's new attack submarine that
will be an important acquisition to replace the expensive Seawolf
Program.
We also supported the Army's Comanche helicopter program and provided
some redirection to the Armored Systems Modernization Program to ensure
the Army will be able to field the next generation of field artillery
as rapidly as possible.
The bill maintains the bottom-up review priorities for the Ballistic
Missile Defense Organization [BMDO], but authorizes and overall funding
level of $2.9 billion, a decrease of approximately $350 million from
the administration's request.
I wish we had had more time to review carefully the many special
access programs in the DOD to make sure these programs are still
necessary and should be continued. Why are there so many in 1994?
Section O'Leary at DOE is way ahead of DOD on declassifying.
The committee provided recommendations in technologies and industries
essential for both strong national defense and economic security. Of
particular mention is our space launch capability which seems to suffer
from lack of leadership, priority, and a general lack of national
focus. Our electronics programs, particularly lithography, are
essential to our next generation of electronics systems that will both
put us on the information highway and guarantee our success on the
battlefield. These programs, however, also suffer from a lack of
coordinated leadership and vision. Our committee strengthened these
programs and legislatively called for the development of goals,
strategies, and coordinated programs to repair deficiencies and provide
a clear path toward achievement.
Finally, Mr. Chairman, I want to report that we are protecting our
technology base and manufacturing programs from unwanted earmarks that
have plagued our university-related research and manufacturing
technology programs in the past. Earmarking impedes the expenditure of
scarce defense resources in pursuit of our overall strategic
objectives. Therefore, we have provided a means to ensure open
competition for these programs.
The committee reported a strong bill that reflects the realities we
face today. I urge my colleagues to support the committees' reported
bill.
{time} 1440
Mr. SPENCE. Mr. Chairman, I yield 5\1/2\ minutes to the gentleman
from California [Mr. Hunter], the ranking Member on the Subcommittee on
Military Installations and Facilities.
Mr. CUNNINGHAM. Mr. Chairman, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from San Diego, CA.
Mr. CUNNINGHAM. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I would like to say to the gentlewoman from Colorado, I
have never heard such bunk. I have a paper that when we go into the
full House I am going to submit on what a joke the conversion is.
Coversion dollars is a liberal's way of cutting defense. We do have a
couple of good programs. There is one at the university which they are
looking at bridges that they use composite materials. But that is not
going to replace 1 in 1,000 jobs. It is expenditures for a way to cut
defense.
Mr. Chairman, I would like to submit it when we go into the full
House. Conversion is a joke.
Mr. HUNTER. Mr. Chairman, I thank the gentleman for his statement.
My colleagues, let me talk about my subcommittee that I have the
privilege of being the ranking Member on and serving with the gentleman
from Oklahoma [Mr. McCurdy], our chairman. I want to talk about that,
about MILCON, the budget that we have worked up this year, and also
talk about the big picture, because I think as never before the big
picture is important in this defense debate and that is the top line
and the number of dollars we are spending or cutting from national
defense.
First my colleague and our chairman of the MILCON subcommittee is not
up right now but I want to commend him for the work that he did and for
all the members on this subcommittee and in the full House and on the
committee who worked with us with respect to various projects that they
thought were important in their districts, they thought were important
for national security, and I think we have on balance a fairly good
MILCON budget under the budgetary constraints that came down from the
administration.
Mr. Chairman, there are a couple of problem areas, though. One
problem area right now is environmental compliance. We have built an
industry of lawyers, engineers, analysts, consultants who now are
drawing down literally billions of dollars out of the Department of
Defense budget for these compliance projects on military bases, and we
have seen that in some cases in excess of 50 percent of these projects
that involve million-dollar reports, in the end no pollution is found
on the particular base.
Mr. Chairman, we are supporting a major industry that in many cases
has very little to do with national security. And the dollars, while
massive dollars are going to environmental compliance, we still have in
many, many areas, especially in the wake of BRAC, of base closing, we
have a deficiency in family housing and a deficiency in military-
oriented projects, mission-oriented projects. We are going to have to
work on that.
Mr. Chairman, I would submit that unless we make some radical
changes, we will once again have developed this new area, this
environmental area, that is sucking money away from the monies that are
available for military commanders, for base commanders to be using on
mission readiness. That is going to be a bad thing.
Mr. Chairman, the average base commander today, if he is really going
to be up to speed and the EPA has come in and testified to us that it
is important for commanders to know what they need to comply
environmentally, but if a commander really is going to learn what he
has to do to comply with the environmental regulations, the average
base commander of a Marine base or an air base or a Navy base has to
know about 10,000 pages of regulations. What that means is that he has
to take time away from preparing his soldiers or sailors or marines for
war to go over and become an environmental expert of sorts to make sure
that his base is in compliance with this massive regulatory bureaucracy
that we have built in the EPA and at the same time it feeds this new
industry of lawyers and accountants and analysts and consultants who
feed on military bases on environmental compliance.
Mr. Chairman, having said that, let me go to the big picture. We are
undertaking a tragic recurrence of history with this defense bill,
because we are massively cutting national security and there is no deep
thinker in the Pentagon or elsewhere who really knows exactly what we
are going to need a few years from now, who really knows how the Korean
threat is going to play out, whether that is going to move other
nations in that region, such as Japan, to start developing nuclear
systems, what it is going to do with respect to Communist China. Nobody
knows where China is going in the South China Sea with their claim to
all of the territories that lie there. Nobody knows what is going to
happen ultimately in the Balkans, nobody knows what is going to happen
with the four former states of the Soviet Union which have nuclear
weapons still aimed at the United States and have, to understate it,
very unstable political systems.
Mr. Chairman, I think everybody who believes that we are not spending
enough on national security should vote no on this defense bill,
Republican and Democrat.
It is only by doing that, not by talking in the hallways, not by
talking in small groups but by saying that on the House floor, by
voting no on President Clinton's defense bill that we can send a
message to him that he is forgetting this most important of national
priorities, the defense of this country.
{time} 1450
Mr. DELLUMS. Mr. Chairman, I yield 4 minutes to my distinguished
colleague, the gentleman from Florida [Mr. Hutto], who chairs the
Subcommittee on Readiness.
Mr. HUTTO. Mr. Chairman, I rise in support of H.R. 4301, the fiscal
year 1995 defense authorization bill.
This package represents several items to enhance the readiness of our
forces as our dedicated people are being asked to meet more frequent
and diverse challenges in the protection of freedom around the globe.
Readiness increases include mobilization enhancements, $600 million
in equipment repair increases, and $67 million for recruiting, funding
for safety training, and protection against friendly fire, mobility
enhancements, and measures to free up thousands of military positions
to return to combat units by replacing military and administrative and
support positions with civilians.
This bill identifies offsets to the budget to enable funding of an
otherwise unfunded pay raise for our troops.
Most importantly, we have restricted the amount of funding that can
be moved out of the readiness OPTEMPO accounts for track miles,
steaming days, and flying hours, and provided for friendly fire
training. The Readiness Subcommittee and, in fact, the full HASC has
fought hard, in the face of this drawdown, to make sure we maintain the
readiness OPTEMPO of our forces.
Again, we have tackled the expensive and critical area of financial
management with tight sanctions over the operation of the Defense
Business Operations Fund.
We provided additional funding for the DOD Inspector General
oversight. For many years the Readiness Subcommittee has been in the
forefront of moving DOD toward a better financial system.
Secretary of Defense Bill Perry and Comptroller John Hamre have
assured me this is a top priority with them and that they are committed
to bringing about a more efficient financial accounting system for our
Department of Defense.
This year the subcommittee has included a number of provisions aimed
at preserving the organic capacity of the Department of Defense's
ability to repair equipment and to assist those depots that have been
forced to close.
We have several provisions aimed at ensuring the effectiveness and
accountability of the most important efforts on cooperative threat
reduction for former Soviet nuclear arms. We have stressed
burdensharing with the provision that encourages our negotiators to get
a better deal and transfer those savings back to U.S. installations.
But as the leader of the free world, we must not pull the rug from
under our uniformed service people wherever they serve us around the
world.
In summary, the list is long, but I believe that it fulfills our
charter to ensure effective oversight over the largest and growing
segment of the DOD budget and ensure that our forces have what they
need to meet any adversary safely and effectively. Readiness is vital
to our defense effort.
I have been concerned that the drawdown is too much too quick.
Witnesses before our subcommittee have testified about problems they
are already having. In view of this, I am encouraged that the need for
increased O and M funding is being recognized. We simply must provide
our troops with what they need to do their jobs.
I want to congratulate the chairman, the gentleman from California
[Mr. Dellums], and the ranking member, the gentleman from South
Carolina [Mr. Spence], for their leadership.
I urge support for this bill.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the
gentleman from Arizona [Mr. Stump].
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
Mr. STUMP. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I rise in opposition to H.R. 4301.
Mr. Chairman, I would like to begin by commending Chairwoman Pat
Schroeder for her continued leadership and management of the Research
and Technology Subcommittee of our committee. Given the budget that the
administration has proposed and all of the factors involved, the
subcommittee has done about as well as could be done in recommending
what is in the bill before us today.
However, while there are a lot of reasons to support this bill, there
are even more reasons to vote against this bill.
I have never said the Pentagon is a model of efficiency and every
program that they request should be funded. But I do say that we have
vital national security interests and the threats to those interests
are just as potentially threatening as they ever were. I believe the
defense program posed by the administration is inadequate to meet those
potential future threats.
The threat of near-instantaneous annihilation from Soviet missiles is
greatly reduced. However, regional threats, proliferation of chemical,
biological, and nuclear weapons and technology and our lost credibility
to do anything about these threats and capabilities pose major threats
to our Armed Forces personnel and our vital interests.
This administration's defense policy is like a Hollywood back lot--
great facades and scripts, but nothing behind them--step through the
doors, look through the windows and there is nothing there. After the
script is read and the lights go down, nothing happens, its over.
The President stood in this Chamber in January and pronounced that
there would be no further cuts in defense spending. Over the
intervening 4 months we've witnessed one innovative scheme after
another in the form of a supplemental, a rescission, reprogrammings,
and the defense budget itself, posing new and innovative ways of using
money that should go for national defense for nondefense purposes.
The bill before us, that is supposed to fund our defense programs for
the next fiscal year, is inadequate to fund the administration's own
national military strategy. This is not my opinion; this is the
administration's own admission. In addition, this bill includes $15 to
$20 billion in programs that have little or no direct relationship to
providing, training, and equipping our Armed Forces.
In addition, the administration doesn't appear to be satisfied with
800-percent increases in non-DOD technology program funding. It
continues to propose new ways to use more and more DOD dollars for such
non defense purposes. Robert Samuelson, in today's Washington Post
which I ask be included in the Record after my statement, describes how
the administration is asking the Pentagon to pay for a $600 million
industrial policy program in flat panel displays. At most, DOD
purchases of such displays represent 3 percent of the market, yet DOD
is being directed to fund the entire cost of the program.
Procurement spending has been cut by two-thirds since the late to mid
1980's. For the first time in the history of the Air Force, its budget
does not include a request for a single fighter aircraft. If it were
not for foreign military sales, the fighter industrial base and the
associated jobs would be in serious jeopardy.
While procurement has taken a two-thirds cut, research and
development appears next on the list. In just two budget cycles--since
1993--DOD's overall basic research budget is down 12 percent,
exploratory research is down 22 percent, and advanced development is
down 24 percent. The Army is looking at a 40-percent reduction in R&D
funding over the next 5 years.
There was a time when this country was the world leader in space
launch and had 100 percent of the commercial space launch market as
well. Now, we are a fourth rate producer of space launch vehicles and
are lucky to get 40 percent of the commercial market. Yet we can't get
the administration or the Pentagon to spend the money we have
authorized and appropriated to try to turn this situation around. Nor
is the administration willing to provide focus to the space launch
program by putting someone in charge to sort out the conflicting goals,
priorities, and budgets of the various departments and agencies.
There is example after example of the continuing deterioration of the
defense industrial base and our military capability. While the
committee has sought to fashion a credible bill, it amounts to fiddling
on the margins while our defense industrial base, military capability,
and international credibility continue to deteriorate. I cannot support
such policies and therefore cannot support this bill.
[From the Washington Post, May 18, 1994]
Flat Screens and Subsidies
(By Robert J. Samuelson)
The Clinton administration's latest excursion into
industrial policy is its most troubling. The Pentagon
proposes spending $587 million over five years to enable U.S.
companies to capture 15 percent of the world market for
``flat-panel displays.'' These are used for laptop computers,
video games, advanced instruments--and cockpit displays for
jet fighters. The plan is a huge overreaction to a real
problem, ensuring adequate supplies of vital components. The
whole effort smacks of political grandstanding to show that
the Clinton administration is championing U.S. industry and
jobs.
It's true that flat-panel displays will be a part of future
weapons systems--everything from displays in tanks to,
possibly, hand-held mapping devices for soldiers--and that
there are now no major U.S. suppliers. Japanese companies
control about 95 percent of the $5.6 billion world market,
which is forecast to grow to $14 billion by 2000, according
to Stanford Resources Inc., a research firm. The Japanese
haven't cooperated on defense projects, says the Pentagon.
The remedy, then, is to create a new U.S. industry that would
exist mainly to serve civilian markets.
This is novel. Previously the Defense Department has
financed civilian research and development in the hope that
military applications might result; and obviously, it also
has supported defense contractors directly. But it has never
before invoked ``dual use'' technologies--that is,
technologies that have civilian and defense applications--as
the reason to subsidize an entire nondefense industry. It
would do this through subsidies that, though granted for R&D,
would require companies to build commercial factories. In
practice, they're production subsidies.
No one denies that these factories would aim primarily at
civilian markets. Consider the numbers. Between 1995 and
2000, the Pentagon may buy 15,000 flat displays annually. By
contrast, world production of displays now totals 33 million
units and should rise to 84 million units by 2000, says
Stanford Resources. The U.S. market is about 6.5 million
units. Defense needs, then, account for about two-tenths of
one percent of U.S. demand in units, though in dollar value
the military displays--which cost more because they have to
be customized for combat conditions--might represent one
percent to 3 percent of sales.
The White House is plainly eager to use the Pentagon as a
vehicle for ``technology policy.'' (That's the newest variant
of ``industrial policy.'') Not surprisingly, the first
suggestion for a flat-panel program came from Laura Tyson,
chairwoman of the Council of Economic Advisers, who raised it
with White House economic adviser Robert Rubin, according to
a Business Week story that Tyson confirms. Rubin then urged
the Pentagon, which had been financing R&D in display
technology, to study the matter.
Technology policy is politically seductive because it
appeals to raw nationalism and Americans' faith in gadgetry.
The lesson isn't lost on Commerce Secretary Ronald Brown,
former chairman of the Democratic Party. He's sharply
expanded Commerce's Advanced Technology Program, which
subsidizes projects involving, for instance, advanced
materials or computer software. In 1990 the ATP spent $10
million. For 1995 Brown wants to spend $451 million on the
way to $744 million by 1997.
Unfortunately, the popular appeal of technology policy
rests on two widespread misconceptions.
The first is that a few ``critical'' technologies determine
living standards and global economic success. ``It's a
totally wrong notion,'' says science specialist Bruce Smith
of the Brookings Institution. What matters is a complex mix
of many technologies, management practices, work habits,
culture and government policies that is too intricate to
control. Technology is only one influence. Consider a simple
example: airlines. Americans and Europeans fly the same jets;
yet, U.S. carriers are vastly more efficient (in 1989, they
handled twice as many passengers with only 25 percent more
workers).
The second myth is that Japan successfully practices
technology policy and that we must follow suit or be shut out
of high-tech industries. True, some Japanese industries have
benefited from government aid; so have some U.S. industries.
But in general, Japanese government support for R&D is less
than ours, reports economist Gary Saxon house. Less than 2
percent of nondefense business R&D is financed by government
in Japan compared with 22 percent in the United States. And
some recent Japanese technology projects have failed badly;
notably, high-definition TV.
The point is that, in encouraging new commercial
technologies, it's hard for government to improve
consistently on the ``market,'' which is simply many
companies trying many things until someone discovers what
works best. This does not mean that all government projects
will flop. But on average, they will waste money, fall prey
to political pressure and distort competition. Sadly,
business groups don't oppose these boon doggles on principle,
because no one wants to offend the White House needlessly,
and companies that might benefit will ``take the money if
government is dumb enough to give it away, as one lobbyist
says.
The potential harm goes beyond waste. If America expands
its free wheeling subsidies, other countries may do likewise.
Indeed, the Clinton administration had global trade rules
modified to permit bigger subsidies. Now, the Pentagon is
creating a mechanism to transform alleged R&D subsidies into
subsidies to build commercial factories. Perversely, this may
make it harder for many U.S. companies to plan their
investments, because they won't know whether foreign
competitors may be subsidized.
None of this means the Pentagon should ignore flat-panel
displays; they are an important technology with military
uses. But the response should be less extravagant and more
patient. Some U.S. firms are beginning or expanding
production; in the future, foreign companies are likely to
establish U.S. plants. And in any case, today's tiny U.S.
production capacity is still large enough to meet the
Pentagon's small needs many times over in an emergency. The
situation, in short, is not as desperate as the Pentagon
says. The rush to create a commercial industry suggests, as
Brookings' Smith puts it, that ``they almost forget that the
Defense Department has a defense mission.''
Mr. SPENCE. Mr. Chairman, I yield 5 minutes to the gentleman from
Virginia [Mr. Bateman].
Mr. BATEMAN. Mr. Chairman, I thank my friend, the gentleman from
South Carolina [Mr. Spence], very much for yielding me this time.
Mr. Chairman, I would like to commend both the chairman of the
Committee on Armed Services and the ranking member for the, I think,
exemplary manner in which they lead the transaction of the committee's
business. I have served now on the Committee on Armed Services long
enough to have served under three chairmen. In my experience, it has
never been presided over with the same measure of fairness and absolute
zeal for the protection of the rights of every member to be able to
participate in the debate, in the deliberations within the committee,
and a full opportunity to be heard; that someone can do this when they
are in strong policy disagreement and preside over a committee is a
refreshing change in this body, and I cannot commend the gentleman from
California enough. And it is the same spirit in which the gentleman
from South Carolina [Mr. Spence] approaches his responsibilities. As
wide as the policy gap between them, the operating relationship is an
example for every committee in the House of Representatives.
Mr. Chairman, I feel something of a quandary besets me today. It is
my view that the committee has done very substantially a commendable
job with what it was given to work with. My concern, however, is that
the committee was not given enough to work with.
I am one of those like my colleague, the gentleman from California,
and my colleague, the gentleman from South Carolina, who believe that
we are underfunding the Nation's national security requirements.
We have gone through the bottom-up review. There are some of us who
feel that the force structure called for by that review is not adequate
to these very unstable times through which we are moving. But even if
you concede that the bottom-up review is correct, with the force
structure it contemplates, we all have to face up to and admit the fact
that it is being seriously underfunded in this budget.
And in the outer years, in terms of the now announced 5-year defense
plan, that underfunding will become increasingly more dramatically
inadequate. I think we have got to reverse that trend.
Let me say this bill does have in it, and I think it is very
important that it does, the 2.6-percent pay raise for our military
personnel, something that we must do throughout our deliberations in
connection with the Department of Defense, protect the well-being of
the people who make up our Armed Forces. It is commendable that our
bill resolves the disparity, the inequitable disparity between the way
the military retirees have been treated for purposes of cost-of-living
adjustments versus other Federal retirees, something that I think is
unconscionable and is being addressed.
Let me say finally, in terms of a particular weapons system, this
bill includes within it the authorization for a new aircraft carrier.
It is the No. 1 priority program for the U.S. Navy in the fiscal year
1995 budget. It is as requested by our President. It is as required if
you are going to follow bottom-up review. It represents the Nation's
most awesome, effective, and flexible platform from which to project
our power and to deter aggression. It is the vehicle, it is the
instrument that every President for 40 years has always called for
first when a time of crisis arose.
A new carrier would replace a conventional-powered carrier which, by
the time this one is completed, would be more than 40 years old. It
will need to be retired, and we will have to have this carrier.
It sustains a vital industrial capability for this Nation which would
be entirely lost unless, in a regular program way, as this bill
contemplates, we go forth with the authorization and funding of that
new carrier. I hope it will be the pleasure of the House to pass this
bill with the provision upholding the necessity for the building of
CVN-76, a new carrier for America which someone recently described as a
90,000-ton piece of diplomacy. It is our most valuable platform in all
of our military establishment.
Mr. Chairman, I hope in the next sessions of Congress that we will
see a reversal of the trend which has brought the defense budget down
now for every fiscal year since 1985, and brings it to a point where I
think we are in jeopardy of imperiling America's security.
We started with a budget resolution that did not take into account
our needs, our threats, our requirements, but we went through that
debate and that process, and we arrived at a budget resolution.
And then we have ended up with an allocation of budget authority to
our committee not really with regard to what our national security
requirements are. But that is something our committee has been unable
to do anything about.
I hope that in the next session of Congress we will do something
about it and that we will not starve our defense.
{time} 1500
Mr. DELLUMS. Mr. Chairman, I yield 5 minutes to my distinguished
colleague, the gentleman from Missouri [Mr. Skelton], who very ably
chairs the Subcommittee on Military Forces and Personnel.
Mr. SKELTON. Mr. Chairman, first let me mention that I rise in strong
support of this bill and also I wish to commend our chairman, the
gentleman from California [Mr. Dellums] for his evenhanded leadership,
for his ability to listen and for his interest in the troops. It also
appears, Mr. Chairman, that the efforts of the gentleman from
California, together with mine, will bear fruition concerning the tax
problem of moving our soldiers as they must do from time to time
overseas. I certainly commend him for his efforts in that regard.
I also thank the gentleman from South Carolina [Mr. Spence] for his
courtesy. Let me also mention it is pleasing to see the new aircraft
carrier in this bill and I look forward to a positive debate, hopefully
with a favorable outcome concerning the C-17.
Mr. Chairman, as Chairman of the Subcommittee on Military Forces and
Personnel, I rise in support of the manpower portions of H.R. 4301, the
Defense authorization bill for fiscal year 1995.
At the outset, I want to commend all the members of the
subcommittee--and especially the ranking member, Jon Kyl--for their
diligence and hard work on the difficult issues before us. The
subcommittee has held 11 hearings so far this year, on top of 27
hearings last year, on a wide variety of force structure and manpower
issues.
On the issue of end strengths, the committee approved the budget
request for an active duty end strength reduction of 85,584 and a
drilling reserve reduction of 45,803 below the fiscal year 1994 level.
Many members would have preferred a smaller end strength cut, but
unfortunately the dollars simply are not there.
The centerpiece of the personnel portion of H.R. 4301 is a 2.6-
percent pay raise, the full amount authorized by current law, effective
January 1, 1995. In this time of great uncertainty with the force
drawdown, it is important to reassure our young men and women in
uniform that we haven't forgotten them. High morale is critical to
maintaining the quality force we have today.
Maintaining the quality of the force is clearly a theme for H.R.
4301. For over a year now I have been voicing my concerns to my
colleagues, to the military, and to the administration about the
debilitating impact of defense cuts. Since the cold war ended, we have
geometrically increased the peacetime operations of our forces--in
Somalia, Macedonia, northern Iraq, southern Iraq, and on and on--while
cutting them to the bone. Our military services are experiencing
significant problems in readiness, retention, morale, and operations
and maintenance. These difficulties will continue to become more even
more acute in the future and will erode the Armed Forces ability to
wage war if we don't act. We cannot afford to sit idly by as spectators
and observers.
In no service are the problems more evident than in the Army.
Consequently, H.R. 4301 contains a provision intended to safeguard the
Army contingency force's ability to respond quickly to a major regional
conflict. In addition, the report on the bill contains a committee
recommendation which I proposed that would maintain the Army at 12
divisions by relying more heavily on the National Guard.
The contingency force consists of the Army's five highest-trained,
best-equipped, and fastest deploying divisions. The contingency force
provision reflects the committee's concern that the current practice of
assigning units from the Army's premiere divisions to peacekeeping
operations is significantly degrading the Army's ability to respond
quickly to a major regional conflict. Under the administration's
bottom-up review, those divisions are supposed to be prepared at all
times to deploy immediately in case of a conflict anywhere.
Although the Army assigned the personnel equivalent of little more
than one division to Somalia, units from throughout the contingency
force participated. Moreover, additional contingency force elements
were simultaneously engaged in other peacetime operations. As a result,
the force we called upon first in the Persian Gulf war would have been
unable to deploy quickly in robust numbers in the event of a crisis or
regional conflict.
The provision recommended by the committee would limit the assignment
of contingency force units for peacekeeping and other peacetime
operations. Elements from no more than one of the five contingency
force divisions could be engaged in peacetime operations at any given
time unless elements of all other Army divisions were already engaged
in such operations.
Whereas the contingency force provision focuses on the Army's
capability to respond to 1 regional conflict, the committee's
recommended 12-division active-reserve Army force structure focuses on
retaining a credible 2-war capability. The present national military
strategy calls or our Armed Forces to be capable of fighting and
winning two major regional conflicts nearly simultaneously. The bottom-
up review recommends a 10-division all-active Army to support the
strategy.
I agree with a 2-war strategy. It is needed to discourage a second,
opportunistic aggression after we commit our forces to an initial
conflict. But in my view, the Army planned under the bottom-up review
cannot meet that requirement. In fact, I am not sure today's Army could
repeat Operation Desert Storm, let alone fight a major conflict in a
second theater. We sent 8 divisions to the Persian Gulf in 1990 and are
now being told to depend on force enhancements that will allow us to
fight 2 similar contingencies with only 5 divisions each. The 10
division Army planned under the bottom-up review leaves the Army with
little margin for error or capability to fight a protracted war.
The committee report, instead, recommends returning the Army to its
pre-Desert Storm organization by integrating National Guard combat
units with active forces in later deploying divisions. Eight divisions
would be composed entirely of active personnel. The remaining active
combat elements would be integrated with National Guard units in at
least 4 roundout divisions. All 12 division headquarters would be
composed primarily of active personnel. The committee recommendation
would afford the Army the flexibility to generate combat power
seamlessly and continuously with all-active units deploying first,
mixed, active, and National Guard units next (after 3 or 4 months of
post-mobilization training), and finally, the 8 remaining National
Guard divisions.
Mr. Speaker, in addition to the force structure proposals the
committee approved a number of additional measures intended to maintain
the quality of the force.
We heard repeated testimony before the subcommittee and the full
committee that the recruiting market is getting much tighter with the
declining propensity of young people to serve in the military. As a
result, H.R. 4301 repeals a statutory reduction on the number of
recruiters that came from the Senate several years ago and pluses up
recruiting resources.
In addition, H.R. 4301 maintains faith with those who served in the
past by equalizing the fiscal year 1995 cost-of-living adjustment for
military retirees with their civilian counterparts.
Reflecting the lessons learned from Desert Storm, the committee
approved DOD's request for two modifications to the selected reserve
call-up authority:
First, we approved an increase in the Presidential call-up authority
of 200,000 selected reservists from the current 90 days with an
additional 90-day extension to 180 plus an additional 180-day
extension.
Second, we approved, with modification, the authorization request to
permit the President to authorize the Secretary of Defense to call up
to 25,000 selected reservists when the President determines that this
action may be necessary to augment the active forces for an operational
mission.
Finally, H.R. 4301 extends whistleblower protection to service
members who file unlawful discrimination or sexual harassment
complaints, thereby requiring an investigation of any allegation of
retaliatory action against those members. This provision, proposed by
Chairman Dellums and co-sponsored by many of us on the committee,
results from the compelling testimony of the four young current or
former servicewomen who testified before the full committee in early
March.
I believe the committee has worked extraordinarily hard to maintain
its longstanding commitment to the welfare of young men and women in
uniform and their families and urge my colleagues' support for the
manpower portions of H.R. 4301.
Mr. Chairman, the committee has worked long and hard and I certainly
urge a favorable vote on these provisions.
Mr. SPENCE. Mr. Chairman, I am pleased to yield 4 minutes to the
gentleman from Utah [Mr. Hansen], the ranking member of the
Subcommittee on Investigations.
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. I thank the gentleman for yielding this time to me.
Mr. Chairman, in the eighties we passed a piece of legislation that
we know as the base closing law. That is gone. We have gone through
three rounds. 1988, 1989, 1991. Right now we are asking the Rules
Committee to consider whether or not there should be a pause or delay
in the base closing law from 1995 to 1997. We will not know the outcome
of that until the next time they meet.
What did we find during this time of 1988, 1991 and 1993? Let me tell
you some of the findings that we came up with. One was that we found
that it cost a lot more than ever anticipated to close those bases. We
also found that the savings is an awfully long way down the pike, 15 to
20 years and in cases of big depots 100 years they anticipate.
We found that the environmental cleanup was a lot more than anybody
anticipated and we found that the economy of the areas that we were
looking at was an awful lot of money to take care of. All of those
things have now been documented. They are true and they are findings
that we have come up with.
So with all this savings we were supposed to save, apparently it is
just not there.
I would like to read, if I may, Mr. Chairman, some of the statements
that have come from the Pentagon, ``We haven't saved a whole lot,''
says the Deputy Assistant Secretary of the Army. General Accounting
Office: ``Environmental cleanup costs are substantially higher than
originally anticipated.'' It goes on and on with people talking that
way.
The next question we have, as a member of the Committee on
Intelligence and listening to the Director of CIA, the very able Jim
Woolsey, it is interesting to hear his comments. He talked about the
old Soviet Union, how tough they were and that we had a contingency
plan to take care of every problem that may come up. The contingency
plan, he said, this was the old Soviet Union, was a big dragon out in
the jungle but we knew how to handle it.
Now it is split apart and we have 50 poisonous snakes. We have heard
about those today: North Korea, Bosnia, the problems in the Middle
East, the resurgency, possibly, of the Soviet Union; all of those
sitting there waiting to come up.
I remember years ago when I went on this particular Committee on
Armed Services, I still remember what was said: We set the budget
predicated on the threat.
Now, I ask you the question, can anybody in here tell me what the
threat is? No one seems to know at the particular time.
So number 1, Mr. Chairman we are asking that we look very, very
carefully at the savings. Is there really a savings?
Number 2, we are saying: Do we really know where we are going? I ask
the committee and Members of this House and the Committee on Rules to
give some thought to taking a pause, not to stop; base closing is
necessary, let us have a delay, not a stop. Let us let the dust settle,
find out where we are headed in this area so we will know where we are
going. I think it would be a wise and prudent thing to let us have a
vote up or down on this in order to find out whether we should continue
with this base closing idea.
Mr. DELLUMS. Mr. Chairman, I yield 5 minutes to my distinguished
colleague, the gentleman from Virginia [Mr. Sisisky], who ably chairs
the Subcommittee on Investigations.
(Mr. SISISKY asked and was given permission to revise and extend his
remarks.)
Mr. SISISKY. Before I start, Mr. Chairman, may I congratulate the
distinguished committee chairman, the gentleman from California [Mr.
Dellums] and also the distinguished ranking member, the gentleman from
South Carolina [Mr. Spence]. We have had a very difficult year. Yes, it
is true that many of us on the committee, both Democrat and Republican,
think that this bill is underfunded and our national security is
underfunded. This may be the wrong place to debate this issue. The
place to debate this issue really is when we submit our budgets and in
the budget debate.
Mr. Chairman, I want to take a moment to note that the House Armed
Services Committee included full funding for the carrier, CVN-76, in
fiscal year 1995.
This decision makes sense in terms of national security, in terms of
budget responsibilities, and in terms of preserving the nuclear and
non-nuclear industrial base.
I have said before that the carrier is the centerpiece of Navy
forward presence, and forward presence is the center-piece of U.S.
foreign policy.
With the drawdown of American forces overseas, and the reluctance of
many nations to host our military forces, we need the flexibility and
versatility of carriers.
Carrier battle groups provide visible, unmistakable evidence of
America's resolve to preserve peace, and to assist the victims of civil
strife or international aggression.
All of us can anticipate what carriers will do if the crisis in Korea
comes to a head--just as we can remember what carriers did in conflicts
ranging from World War II to Desert Storm.
But even more important than wars in which they participated were
wars that were prevented--because the presence of carriers made
aggressors think twice before they attacked their neighbor.
In 50 years after World War II, the Navy responded to nearly 200
overseas crises. Carriers, usually more than one, were involved two-
third to three-quarters of the time.
The average has been higher in recent years. That's why it is
important to not put ourselves in the box of trying to divide their
warfighting from their peacekeeping mission.
If anything, peacekeeping mission may have greater long-term
importance--because peacekeeping saves American lives. That is where
our priority should be.
Building CVN-76 now is also the right decision in terms of our budget
responsibilities. Additional delays result in additional costs.
And the option of SLEPing a conventional carrier gets us a less
capable ship, with only 10 or 15 years additional service--but at a
cost of $2.6 billion.
It makes sense to procure a new, more capable carrier, with a service
life of 40 + years, and which represents a more prudent investment.
As far as the nuclear industrial base, I will only recount that the
company recently went looking for 200 nuclear welders and could only
find 6--in the whole United States.
In sum, funding the carrier in this year's budget is a prudent,
responsible decision.
I also want to note several other provisions in the bill.
During markup of this year's defense authorization bill, the
oversight and investigations subcommittee, which I chair, handled
organizational issues and general provisions.
Of the dozens of items we considered, five stand out that I would
like to bring to the attention of the House.
First, our National Guard Bureau language is a modified version of a
bill introduced by Representative Montgomery to establish the Guard
Bureau in the law.
I view the result before you as a fair and reasonable compromise that
addresses the interests and concerns of all parties.
Second, this bill provides $714.2 million for counter-drug
activities--the sum requested by the administration.
The bill reflects the administration's changed priorities: reducing
funding for drug interdiction efforts in the Caribbean, while placing
more emphasis on demand reduction and on stopping drugs at their source
in the Andes.
Third, the administration requested $300 million to pay assessments
for many U.N. peacekeeping operations.
The language before you, however, places $300 million into the cash
fund the Congress created last year to pay the start-up costs of
unanticipated U.S. operations.
These include peacekeeping operations, disaster relief, Desert Storm,
the L.A. riots--any kind of operation that could not be anticipated and
budgeted for in advance.
There is nothing in here to pay the United Nations, though the funds
would pay start-up costs for U.S. participation in a U.N. operation.
Fourth, the administration requested $72 million for humanitarian
assistance.
We reduced that to $60 million and fenced half the money until the
Department provides documentation we ordered last year and which was
due by March.
Humanitarian programs have been fragmented. This bill puts them
together in one all-encompassing program.
The intent is to minimize micro-management and give the Pentagon
flexibility as it tries to get its hands around these programs.
Finally, we killed a Pentagon plan that smacks of a subsidy for
private business.
The Department recently said that under certain conditions a defense
firm buying another firm could charge some of the restructuring costs
off to the Government. This was announced as a clarification.
Our subcommittee report would require the Department to come to the
Congress if it wishes to institute such a major change in policy.
Mr. Chairman, that is a summary of portions of the bill my
subcommittee worked on.
I think they are good provisions--well thought out and helpful in
framing an efficient, responsive and cost-effective Defense Department.
The other subcommittees and the full committee have worked similarly
hard at crafting what I believe is an excellent bill.
One final example of the difficulty we faced was in the area of
burdensharing. The committee made the tough decision to reduce the
overseas O&M request by $400 million.
I urge my colleagues to take cautious, balanced, reasoned approach.
Additional reductions in troop strength or funding are not warranted.
We have made steady, measured progress toward goals already
established by this body. Let's not risk the stability of Europe or
other regions by hasty, precipitous reductions and withdrawals.
That is the wrong signal to send to the rest of the world.
In conclusion, I commend the bill as reported and urge all Members to
support the bill.
{time} 1510
Mr. MONTGOMERY. Mr. Chairman, if the gentleman will yield I would
like to commend the gentleman from Virginia [Mr. Sisisky] especially on
the carrier. That is a front line of defense. They are out there, and I
certainly want to thank him for his hard work and also for what he did
on updating the reserve headquarters that is in this legislation. It
makes a lot of sense to improve the Reserves, and I thank him for
taking on this obligation.
Mr. SISISKY. Mr. Chairman, it has been my pleasure, and I thank the
gentleman from Mississippi.
Mr. SPENCE. Mr. Chairman, I yield 5 minutes to the gentleman from
Pennsylvania [Mr. Weldon].
(Mr. WELDON asked and was given permission to revise and extend his
remarks.)
Mr. WELDON. Mr. Chairman, in the 8 years that I served in this body
and been a member of the Committee on Armed Services I will start out
by saying I have never seen the committee work more closely together
than this year, but I say that also acknowledging that I do not think
the committee, in my opinion, has ever worked under conditions that
have been worse than this year in terms of our responsibility and our
obligation to the full House in reporting on what our defense posture
is and what it should be.
I want to start off by acknowledging the work of the chairman. He, as
everyone else has said, is eminently fair and has done a fantastic job
working with our leader, the gentleman from South Carolina [Mr.
Spence], in crafting the best that we could get out of a terrible
situation, and that is this defense bill. Let me also acknowledge the
work of the subcommittee chairmen and the ranking members. They also
have done a fine job, and there are some good things in this bill.
There are things in here that we can be proud of:
The efforts to begin the process of acquisition reform which the
chairman is carrying on in cooperation with other committees, the work
to restore the pay raise for our troops, the COLA reform that we were
able to put in limiting the use of the State Department's access to DOD
dollars for initiatives, some of the efforts in the conversion area
which I have supported and which will be talked about in the conversion
section of this bill, the support of the chairman and ranking member on
a specific project I included dealing with Russian naval vessels and
military hardware for the peace initiative, the acquisition fairness
that occurred in the acquisition subcommittee where we came together,
Republicans and Democrats, with the dollars we had and made decisions
that almost all of us agreed on.
Mr. Chairman, I applaud all of those efforts, and I certainly would
be remiss if I did not mention I applaud the fact that the V-22 is in
there again and, in fact, is not an issue this year, which makes me
even happier, but I must sound the warning, Mr. Chairman. I must sound
the warning.
Let me say that President Clinton, when he stood at the podium up
here, deserved an A. He deserved an A, and I say that as a former
teacher because he pounded the podium very well, and he made the point
to the American people that he was not going to stand for any more
defense cuts. This was in January of this year, and the American people
all across the country said, ``This President has really now finally
gotten that we're not going to cut defense any further.''
But I have to give him an F for followup because, I say to my
colleagues, ``If you look at his budget, not just this year, but for
the next 4 years, he cuts defense spending in real terms every year,''
and I have to tell my colleagues, Mr. Chairman, I have great problems
with that. These are real cuts, real dollars, not cutting the rate of
increase, real hard cuts in defense spending. One million men and women
are loosing their jobs in the military over 5 years, and, for all of
those out there who are in the defense industry, the Office of
Technology Assessment and the General Accounting Office estimate that
up to 2.5 million of them will lose their jobs over the next 5 years. I
ask:
``Where are we going to put you? What kind of job are we going to
move you into?'' No one knows, but all we can say is under this budget
scenario they are going to lose their jobs. One out of every two people
working in the military-industrial complex in America over the next 5
years will lose their job.
This budget is not based on real threats. Goodness knows the security
briefings we have had. There are over 60 situations around the world
where there are hostilities taking place today where factions are
fighting factions, ethnic groups are fighting ethnic groups, country
fighting country, any one of which could draw us into a regional
conflict.
Some would say the world is safer today. Many of us feel that is not
the case. The nuclear warheads are still in the Soviet Union, the
former Soviet Union, and still pose a real threat to us.
Look at history and see what happened as we have made massive cuts in
defense. After every major confrontation we found ourselves in a
situation where we have not been able to respond quickly to deter
aggression and that is the ultimate job of our committee and the
military in this country, is to be able to deter aggression. My fear is
that we do not do this.
As a matter of fact, Mr. Chairman, looking at the President's own
Bottom-Up Review, this budget does not meet the President's own Bottom-
Up Review. The administration presented a budget which cuts the Air
Force structure by 20 percent from that recommended in the bottom-up
review; the Navy, 16 percent fewer ships than the bottom-up review, the
Marine Corps has only 77 percent of the troop strength recommended by
the bottom-up review. So, the President's own bottom-up review is not,
in fact, maintained by this bill that we are voting on today.
Now I could go to the charts, Mr. Chairman, and the charts are nice
because they depict in pictorial terms what we know to be true, but
that is not the bottom line here. The bottom line is what do we do to
men and women who serve in the military.
A year ago in January I was in Somalia. I was in Mogadishu and
Baidoa, and in talking to the young Marines there who were doing a
fantastic job I said to them, ``What do you want us to take back to our
committee and to the Congress?''
They said, ``Mr. Congressman, there is one thing please tell them,
that we just can't keep continuing to go to all these different
missions and responsibilities and not have the backup support that we
need.''
{time} 1520
One young Marine told me he had been deployed three of the last four
holiday seasons because we do not have the backup commitment and
support to go back home. That is what our defense cuts are causing, and
we have to understand that. When we cut the military, we are hurting
real people and real families. That is my concern with this bill.
Mr. Chairman, we need to deter aggression with a strong military, and
we now have to send a signal to this President that this has to be the
last year for these kinds of defense cuts.
Mr. DELLUMS. Mr. Chairman, may I inquire as to the remaining time for
both sides of the aisle?
The CHAIRMAN. The gentleman from South Carolina [Mr. Spence] has
30\1/2\ minutes remaining, and the gentleman from California [Mr.
Dellums] has 21 minutes remaining.
Mr. DELLUMS. Mr. Chairman, I yield 3 minutes to my distinguished
colleague, the gentlewoman from Tennessee [Mrs. Lloyd].
(Mrs. LLOYD asked and was given permission to revise and extend her
remarks.)
Mrs. LLOYD. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I certainly rise in support of this legislation. Every
member of the committee would love to have had more money, more funding
and certainly to have achieved greater goals, but it is a good bill,
and certainly we acted responsibly.
Mr. Chairman, I want to commend the chairman of the full committee
and the gentleman from South Carolina [Mr. Spence] for their
leadership, as well as the staff.
I would like to spend my time commending the legislation for
recognizing and seeking to maintain the relationship of the United
States with its NATO allies. Clearly the cold war has ended and certain
reductions in our Nation's defense budget have been appropriate. We now
have the opportunity to use this funding to accomplish other goals,
both foreign and domestic.
However, we must not and we cannot walk away from nor diminish the
importance of the work that we began over 50 years ago. Our alliance
with our North Atlantic neighbors must not be forgotten. That
relationship with our European allies was the catalyst for establishing
the North Atlantic Treaty Organization, the most successful alliance in
the history of civilization.
So we must continue to actively participate in that alliance and
contribute to the common security that is the hallmark of NATO.
In that regard, I strongly urge this great body to support the
ceiling that was set by last year's defense bill of maintaining 100,000
U.S. troops in Europe by the end of 1996. Any efforts or any amendments
offered here today to reduce these numbers would seriously undermine
NATO's goal of common defense and undermine the ability of this Nation
to secure our vital interests overseas.
The United States can be proud of its initiative embraced by NATO to
establish a partnership for peace, and now, as NATO forges this
partnership with our former adversaries in Eastern Europe, we share the
responsibility of overseeing this effort and maintaining a presence
that is representative of our position in NATO's strong and successful
democrat community. We must not jeopardize our country's ability to
sustain its strategic interests abroad.
Mr. SPENCE. Mr. Chairman, I am proud to yield 3\1/2\ minutes to the
gentleman from Colorado [Mr. Hefley].
Mr. HEFLEY. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, let me say that I was extremely pleased this year with
the way this bill was handled in committee. The chairman of the
committee and I would have never dreamed when we started out together
in this body, with our many philosophical differences, that we would
ever in our lifetime work well together. But we do work well together.
I think we have a mutual respect. We still do not agree on a lot of
things, but we have a mutual respect and we work well together, and we
work well across the aisle.
I saw something I have seen very seldom in all my experience here in
Congress in terms of procurement reform, the way that the chairman and
the ranking member sat down together and worked this out, and the two
sides agreed to it almost without any dissension whatsoever. I think
that is a wonderful example for the rest of Congress.
But let me say that I think the defense cuts embodied in this bill
are too drastic. I think, Mr. Chairman, that I must rise in strong
protest to the Clinton administration's plans for national defense.
This bill is an unusual one for Congress. In most instances we do not
handle bills in this way. Instead of adding to the President's
requests, as we do with most bills, we are cutting from his requests.
Instead of spending over the last year's level, as we do with most
bills, we are decreasing spending. It is just too bad that Congress
does not want to dismantle the deficit with the same fervor that it
wants to dismantle the defense structure of this country.
Certainly the changes in this world call for a look at and a possible
reduction in defense spending. We no longer see the Soviet Union as the
same kind of threat to national security. The changes in Eastern Europe
allow us to drawdown our forces.
But, Mr. Chairman, just because the Soviet Union is no longer a
superpower does not mean that we do not have any enemies out there. In
a number of ways, our world may be a more dangerous place than ever. If
you know who your enemy is, you can prepare for him. It is much more
difficult to prepare for an enemy that may pop up anywhere at any time.
In a conversation with the CIA Director sometime ago, he mentioned
that we used to know where the dragon was, now we have a hundred snakes
that can pop up everywhere. We do not have the same dragon anymore.
We all witnessed the magnificent victory of our troops in the Persian
Gulf war. We can conclude that our victory in the Gulf stemmed from two
things: our technological advantage and the training of our soldiers.
The technology used in the war was developed primarily in the 1960's
and the 1970's. Technology is not developed overnight, and we must stay
ahead of our future adversaries. Our soldiers' training will certainly
suffer from declining defense dollars since O&M defense dollars are
short. We have a moral obligation to send our sons and daughters on the
battlefield with the best training and with a technological advantage.
Additionally, there is a disturbing trend toward using the defense
budget as a cash cow. This body must awaken to the fact that our budget
deficit was not caused by defense spending; rather, it was caused by
out-of-control social spending.
Mr. Chairman, I believe that we are laying the groundwork for a very
dangerous situation. We are in fact cutting too fast and too deep. This
committee did the best it could given the budget environment. Anyone
who believed that we could fight North Korea and Bosnia with the forces
called for in the administration's budget this year is simply fooling
themselves.
Mr. DELLUMS. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I am compelled to point out that my colleague is
absolutely correct, but it is very interesting that two of my
distinguished colleagues who are very eloquent, very articulate, and
very bright continue to refer to ``the Soviet Union.''
I know that that was a slip, but the point is that what I am trying
to suggest is that the world has changed in powerful and profound ways.
Yet is it extremely difficult for us to make the change. We still see
the Soviet Union. There is no such thing as the Soviet Union. We are no
longer in a Cold-War environment; we are in a post-Cold-War
environment.
This forces us to trigger our minds, our brains, our perspectives,
and our perceptions in fundamentally different ways. The world is
different. It is without precedent. It is very difficult for many of us
to let go of the past, Mr. Chairman, but there are some of us here who
are suggesting in very powerful terms that it is precisely that which
we must do--let go of the past as we come to terms with the myriad of
priorities that affect our people, not simply the issue of national
security, which in the 1990's has a much broader definition than many
of my colleagues were prepared to define as ``national security'' in
the context of the 1960's or the 1970's.
Mr. Chairman, I yield 3 minutes to the distinguished gentleman from
Mississippi [Mr. Montgomery], who serves as the ranking member of our
full committee.
(Mr. MONTGOMERY asked and was given permission to revise and extend
his remarks.)
Mr. MONTGOMERY. Mr. Chairman, I thank the chairman of the committee
for yielding me this time.
Mr. Chairman, I join my colleagues in commending our chairman, the
gentleman from California [Mr. Dellums], and the gentleman from South
Carolina [Mr. Spence], and the staff for the great work they have done.
This bill has gone about as smoothly as any I can recall, Mr. Chairman.
The bill treats the National Guard and the Reserve in a fair manner.
End strengths are sufficient. The major armories around this country
will not have to be closed because the Guard and Reserve have not been
treated fairly.
{time} 1530
Also pertaining to the reserve equipment package, there is about $800
million to go to the reserve forces to buy trucks, guns, and parts.
Nothing fancy, but what they need to do is a better job.
Mr. Chairman, I am concerned about an amendment that will be offered
that would eliminate registration in the Selective Service System. If
adopted, this amendment would make the system ineffective and with
nothing to do. President Clinton did not ask for this Selective Service
amendment, and I am expecting a letter from him in opposition.
We need to keep the Selective Service System as an inexpensive
insurance policy, to ensure that we have enough manpower to fight a
major conflict.
Mr. Chairman, I urge my colleagues to oppose this Selective Service
amendment.
Mr. SPENCE. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from New York [Mr. Saxton].
Mr. SAXTON. Mr. Chairman, I want to join with a number of other
colleagues who have complimented the chairman, the gentleman from
California, [Mr. Dellums], on the way this bill has been handled and
reported. In particular, he knows we have had some very difficult and
contentious issues, particularly related to the C-17 and other matters.
I appreciate very much the way that has been handled. That goes, of
course, for the ranking member, the gentleman from South Carolina [Mr.
Spence], as well.
However, there is room for disagreement. I stand today in deep
frustration over the defense authorization bill we are here discussing.
I am frustrated because of the legislative and budgetary constraints we
face in attempting to craft a defense bill which will adequately
address our national security. I am frustrated also because our
military is constantly being asked to do more with less. I am very
reluctant to support this bill because it simply does not meet our
military requirements nor strengthen our national security.
This chart to my left points this out very well. In just a quick
glance, it shows what is going to happen with the growth in mandatory
spending. It shows also in green what happens to the growth in domestic
discretionary spending. Of course, on the far right of the chart it
shows what happens to the decrease, more than 35 percent over the next
few years, a 35 percent decrease in real military defense spending.
Last fall the administration released its blueprint of the post-Cold
War defense force structure. It called it the so-called bottoms up
review. Although many seasoned defense analysts questioned the wisdom
of this strategy, especially in light of the growing turmoil around the
world, the Pentagon has cemented it and developed plans to support two
major regional contingency scenarios. Yet this defense budget falls
short of supporting that minimum requirement. My fear, and the fear of
many who have thought seriously about our Nation's defense, is we are
returning to the hollow force that was much talked about in the 1970's.
As a member of the Joint Economic Committee, I am well aware of the
need to reduce Government spending. But deficit reduction cannot be
done solely on the back of our defense establishment. Since 1985, Mr.
Chairman, defense spending has decreased by 35 percent. During that
period we have cut military personnel by 600,000 and closed over 130
military bases.
Mr. Chairman, enough is enough.
Mr. DELLUMS. Mr. Chairman, I yield 4 minutes to our distinguished
colleague, the gentleman from Oklahoma [Mr. McCurdy], who chairs the
Subcommittee on Military Installations and Facilities.
(Mr. McCURDY asked and was given permission to revise and extend his
remarks.)
Mr. McCURDY. Mr. Chairman, in January 1993, when President Clinton
proposed cuts in defense spending twice as large as those he had called
for during the campaign, the defense budget seemed like a convenient
source of deficit reduction.
Russia maintained an openly pro-Western foreign policy. Iraq had been
defeated. There were no imminent military threats to U.S. interests.
But since that time, events abroad and at home have reminded us yet
again of our chief responsibility as a government: to provide for a
strong defense.
Today in Russia, hostile nationalists are gaining strength and
influence. Today in the Middle East, Iraq is rebuilding its army, and
Iran continues to reject the peace process and threaten the stability
of that critical region.
As we stand here today, a crisis is brewing in Korea that may call
for decisive military action sooner than any of us had feared.
And even today, the Bottom Up Review's funding shortfall is evident
in the declining readiness and morale of our armed services.
So as we consider the defense bill, I ask my colleagues to remember
our solemn responsibility to the American people. The end of the cold
war has not meant an end to all war, or all threats to American
interests. It was right to cut defense spending, but it is wrong to
destroy our military capabilities.
As the President has said, we have cut enough from defense. We cannot
cut any more.
And I would remind my colleagues that, unless we are willing to add
more resources to the budget, the next round of base closures, painful
as they may be, must go ahead as scheduled. Any delay would thrust a
fiscal dagger into the heart of our military.
I am pleased to rise in support of the H.R. 4301, the National
Defense Authorization Act for fiscal year 1995, as reported by the
Committee on Armed Services.
I take this opportunity as chairman of the Subcommittee on Military
Installations and Facilities to report to the House the actions of the
Subcommittee. The committee has authorized $17.5 billion for programs
under the subcommittees' jurisdiction. This authorization includes $5.3
billion for military construction for active installations and those
funded in the base closure accounts, $3.4 billion for family housing
construction and support, $4 billion for repair and maintenance
purposes, $2.1 billion for the Defense Environmental Restoration
Account, $2.0 billion for environmental compliance, $106 million for
conservation and $392 million for pollution prevention.
The committee's additional authorization of $500 million attempts to
bolster the administration's military construction request, better
known as the Priority Investment Program [PIP]. This program,
established to not prejudice the last authorized base closure round
scheduled for 1995, funds only minimal infrastructure needs of the
Department of Defense. In doing so, however, the administration has
failed to realize the importance of retaining the robust infrastructure
that must be funded in order to meet the requirements set forth in the
Bottom Up Review. The committee is hopeful that this additional
authorization will help meet these unfunded requirements necessary in
the years ahead.
The committee has also taken action to provide additional
authorization to the Base Closure and Realignment or BRAC III account
to alleviate the fiscal pressures and delays that could have been
caused by Congress' recent actions to rescind $508 million from this
account. The committee's action will ensure that the closure process
will not slow and that needed infrastructure will be in place to keep
faith with the decisions of the 1993 Base Realignment and Closure
Commission.
While we are on the subject of base closure, let me inform my
colleagues of my ardent opposition to the proposal by Mr. Hansen of
Utah to delay the 1995 base closure round until 1997. On May 11,
Secretary Perry and General Shalikashvili issued a statement,
indicating their intention to conduct the 1995 round of base closures.
Let me repeat their words,
We must proceed to close bases to save money, managing the
process in a way that recognizes that base closing costs
money before it saves money. Too much too soon jeopardizes
our current program; too little, too late jeopardizes our
future program.
We must get on with the next round, as scheduled, in order that we
not risk the readiness of our forces in exchange for short term
political gain.
The general provisions contained in Division B of the bill range from
land conveyances to military construction program changes that will
ensure effective oversight of the military construction process by the
Congress.
This product has received the unanimous support of the subcommittee
and full committee. I would like to take this opportunity to thank the
ranking member, Mr. Hunter, for his assistance and thoughtful counsel,
the members of the committee, and Chairman Dellums for his mastery in
guiding this legislation to the full House for its consideration. I
urge its adoption.
Mr. SPENCE. Mr. Chairman, I am pleased to yield 4 minutes to the
gentleman from California [Mr. Dornan].
Mr. DORNAN. Mr. Speaker, there is much good in this defense bill, but
I will invariably be voting against it because of the message it sends
to the world, and that is that we are voluntarily withdrawing our role
as the world's only superpower.
As we continue cuts down to far below the Pearl Harbor era as a
percentage of our gross domestic product, I watch a dangerous world,
and turn to the metaphor of the current Secretary of Defense, which I
think says it with perfect clarity: ``We have killed the dragon. No one
wants to go back to a nuclear standoff between an evil Soviet empire
and an armed-to-the-teeth United States.''
But then the Secretary of Defense said, ``We now have a garden filled
with poisonous snakes.''
I was stunned last week when I realized that more human beings,
including mothers with babies in their arms, more human beings, most of
them by knife and by machete, were killed in a tiny little country
named Rwanda in only five weeks, than died in four of the six Nazi
death camps. Not labor camps, like Plaszow in the great movie
``Schindler's List.'' Not concentration camps, where several million
died. But instead death camps, set up in Poland, with all the science
and technology they could muster under Hitler's evil regime, to kill
human beings, at the rate of 10,000 a day at Auschwitz toward the end
of the war. But four of those camps, Maidanek, Belzec, Chelmno, and
Sobibor, killed less people in three years than were killed in Rwanda
in five weeks.
{time} 1540
And we cannot seem to do a bloody thing about it. Isolationist voices
are rising up in my party just as they dominated my party in the 1920's
and up to the middle 1930's. And they almost destroyed Great Britain
and caused it to be overrun by Nazi forces less than half a decade
later. The other party, which has always been the isolationist party,
now under a President that says no more defense cuts, continues to cut
and yet does this to us.
Despite these savage defense cuts, we are still putting American men
and now women in harm's way. Sixteen Special Forces and Rangers killed
on the October 3 last, and two the next morning in a rescue mission of
Bob Dole's 10th Mountain Division. U.S. Marines are now being stationed
off Haiti. The Wasp sailed yesterday. It is in the papers.
I was told by the Navy, day before yesterday, they are not going,
Congressman. Those wives who called you were wrong. They are just back
from a deployment.
But the Wasp sailed today. It is in the papers. A young F-18 Hornet
pilot, where we almost say, thank God he was a bachelor, died launching
off the Saratoga in the Gulf.
Air Force crews on alert against possible aggression from North Korea
and Army helicopter crews, in two UH-60 Blackhawks, killed by friendly
fire over Iraq. And the list goes on and on and on where we are
possibly going to put people in harm's way. Yet 86,000 personal were
cut out of the military in this very budget.
There will be a ceremony at the White House within days, actually the
Commander-in-Chief has sat on this for days, even weeks, where the
Medal of Honor will go to two of the brave Special Forces personnel
from Fort Bragg, First Sergeant Randy Shughart and Master Sergeant Gary
Gordon.
Yet despite those savage cuts, we are still asking men to give their
lives for their comrades, for their country and even for some of those
starving women and children in Somalia.
It is very dangerous world, Mr. Chairman. We just cannot drain any
more of the energy and strength out of our national security and our
military to put it into phony titles like ``defense conversion,'' into
more social programs. Are we a superpower or are we a pitiable giant
that is going to sit around and watch children slaughtered all over the
world?
Mr. Chairman, let us put defense spending and defense requirements in
perspective. There are constant defense cuts with no end in sight. 1995
will represent the 10th straight year of real decline for defense
budget. In real terms, the 1995 DOD budget is 35 percent smaller than
1985. Personnel cuts continue: 1995 budget reduces 86,000 active duty
personnel; Clinton defense plan will reduce additional 200,000
personnel over the Bush defense plan through 1999; and since 1987,
nearly 650,000 troops have been cut, a 30 percent cut.
Meanwhile, despite savage defense cuts, this administration continues
to place American troops in harm's way to correct foreign policy
mistakes. Sixteen U.S. Special Forces and Rangers were killed during
the ``manhunt'' in Somalia, with two Tenth Mountain Division young men
killed in the rescue attempt. U.S. Marines are now off Haiti. The
U.S.S. Wasp, LHD-1, sailed today on exercise. A Navy F/A-18 Hornet
pilot was killed off Bosnia in a bad flight launch. Air Force crews are
on alert against possible aggression from North Korea. Army helicopter
crews on two UH-60 Blackhawks were killed by friendly fire over Iraq.
We have only two choices, neither considered by the administration:
Properly man, maintain, and equip a combat force to be used proactively
around the world, or cut defense spending drastically and keep U.S.
troops out of action.
Instead, we continue to cut defense while at the same time sending
our brave soldiers, sailors, Marines, pilots, and aircrewmen to the far
corners of the globe as policemen of the world. Fund the force or don't
deploy--those are the real choices.
We've done some positive things in this bill, but not enough. First,
naval upper-tier ballistic missile defense, a near term, inexpensive
program building upon existing systems, is not even made a core program
by this administration. The committee nearly doubled funding, but it is
still not even half of what is needed to build hardware, hardware that
could protect our allies and ground forces from attack in places such
as Korea.
Second, friendly fire is still a growing problem of modern warfare,
causing one-quarter of Desert Storm casualties. There is no procurement
funding by Administration for an off-the-shelf system-committee funded
150 units for a brigade size test at Ft. Irwin but we still need more
systems to test and more systems in the field.
Third, the B-1B/B-2 bomber fleet is modern, but still needs
conventional enhancements such as precious guided smart bombs. The
committee provided additional $100 million for B-1B Lancer. However,
with no further funding for B-2 industrial base, what happens when we
need more bombers?
Last, the C-17 post cold war system can carry troops into combat or
food to the starving and can operate on 10,000 more airfields
[unimproved] than other aircraft, but the committee funded only 4
instead of 6 C-17 aircraft for 1995. We've done some good, but half-way
is not good enough; we need to fully fund our requirements or pay the
cost on the battlefield.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from
California [Mr. Cunningham], a top gun fighter pilot.
Mr. CUNNINGHAM. Mr. Chairman, I would like to extend my
congratulations to the chairman, that of all the times and the issues
that we have met on, I think there was only one time the question of
fairness came up. And even then, we resolved it fairly.
Although we disagree on some issues and the amount that defense
should be cut, the process at which the chairman conducted, as a matter
of fact, I was amazed, and I think the other Members were, and the
complicity at which Members on both sides of the aisle worked together
on a lot of these projects really, I think, in my 3 years since I have
been here, have been exemplary.
Where the chairman did mention that the world had changed, I agree
with him. But I would like the chairman and the other Members to take a
look at some real, my real concerns.
I mentioned earlier that what used to be called the Soviet Union,
while all the lights are out in economic prosperity that is going on in
Russia today, three Soviet shipbuilding bases have actually increased
their tempo in producing nuclear submarines. I cannot give the exact
number, because that is classified. But those are highly capable
nuclear submarines that they are investing in and producing at a higher
rate than they were in the cold war, nuclear submarines that far exceed
the capabilities of our own submarines.
I would include everybody in the Chamber to get that classified
briefing. Typhoon, class submarines and subs that go much far beyond,
and they have three subs that actually cripple our defense system at
great depth. I cannot give Members those depths, because they are
classified, but it is a real concern.
The wars that we have fought have never been against the Soviet Union
and are not directed at Russia. Vietnam was a classic example. We look
at Somalia, where we invested billions of dollars and we had a lot of
people die there. We are still in Iraq, defending the Kurds, Kuwait,
which in Desert Storm, and we still have interests there. Saddam
Hussein is still around, and North Korea, and even the conflict that we
might get into in Bosnia.
My heartburn comes from the defense cuts, not just $177 billion but
the additional ways that defense is being cut.
BRAC 1993 was supposed to close bases and reap those savings to carry
over so we could fund our military. That is not happening. Either
environmental costs or because BRAC is not funded, the military is
having to take it out of their hide in many cases, which is cutting
even lower their readiness.
I look at the order of demise of some of our top line fighters, of F-
14's. F-15's, F-16's. And yet out new joint airplane is being pushed
out until the year 2000. Our assets are dwindling there. That is going
to reduce our readiness.
There are good parts in this thing. The defense conversion that I
spoke of, and I have here the Armed Forces Journal. This is the journal
from the Armed Forces. As I said, later I would like to submit it for
the Record. It tells what a tragedy the conversion program is.
Mr. Chairman, I include for the Record the following information.
Defense Conversion: Tragedy Or Farce?
(By David Silverberg)
Experts may disagree on whether the American defense
conversion effort is tragedy or farce, but they all seem to
agree on one thing. It is no resounding success.
``It is more farce than tragedy,'' Murray Weidenbaum, the
first chairman of the Council of Economic Advisers and
currently director of the Center for the Study of American
Business at Washington University, St. Louis, MO, told AFJI.
``I expect a very low return on this investment.''
``It is a tragedy,'' Erik Pages, a policy associate at
Business Executives for National Security (BENS) and a
conversion expert, said in an interview. ``There are a lot of
high expectations, and I'm afraid that whatever is done, the
conversion effort in general, particularly the TRP
[Technology Reinvestment Project]. won't live up to them.''
There have been successes, but they have been isolated, the
result of the foresight and effort of individual executives
and companies. By contrast, the overall state of defense
conversion offers ample doses of both farce and tragedy.
Those who see life as a comedy can point to conversion
funding going to centers for all sorts of arcane studies.
Civic projects, university institutes and policy centers,
technological schemes, and training programs completely
unrelated to defense are taking shape in the bowels of the
Pentagon budget.
For the tragic-minded, there is the sad spectacle of the
already stretched Defense Department being forced to fund
utterly unrelated projects out of its critical operations and
maintenance account, or its equally important research,
development, testing and engineering (RDT&E) account.
Furthermore, the congressional earmarking that is taking
place is also beginning to pervert the entire conversion
effort into just another pork barrel.
the need, the stakes, the response
American industry needs to convert out of its Cold War
mode--this is undisputed. The transition is difficult and
painful--this is also obvious. That some form of bridge
between the Cold War and New World Order economies would be
necessary became apparent almost as soon as the Soviet Union
dissolved in 1991.
The idea of a grand conversion effort gained ground in
1992. President Bush's administration was indifferent to the
idea, but the concept provided a useful Democratic campaign
plank that appealed to defense workers, particularly in key
political states like California and Texas. Defying the
Republican executive branch, Congress passed the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992, which created new programs and increased funding for
existing ones.
In March 1993, President Clinton announced a conversion
plan that would spend $20 billion over five years. Of that,
$1.7 billion would be spent in the remainder of Fiscal Year
1993, a $3.3 billion in FY94, and by FY97 funding would be
increased to $5.3 billion. This money was to help people find
new jobs, create technologies with both civilian and military
uses (dual-use technologies), and assist civilian
technologies of national importance.
Congress appropriated $1.8 billion for conversion in FY94.
Of this amount, $217 million was earmarked or made ``an item
of special congressional interest, a funding decrease to
which requires prior congressional approval''--meaning that
the Pentagon had no control over the money or how it was
spent.
Of earmarked conversion funds in the FY94 budget,
appropriators from the House and Senate, meeting in their
traditional secret session to negotiate the Defense
appropriation bill, recommended that $113.6 million in
earmarked funds come out of DOD's operations and maintenance
budget and $103.8 million come out of the RDT&E account. The
Pentagon does not have to take those funds out of the
targeted accounts, but it must fund the projects.
The 1995 defense budget perpetuates the Clinton conversion
plan. According to figures from the Office of Management and
Budget, it provides $2.6 billion for defense reinvestment and
economic growth initiatives. This has three components: $1.4
billion will be spent investing in dual-use technologies; $1
billion will be spent helping people retrain and adjust; and
nearly $200 million will be spent assisting communities hard-
hit by the drawdown, either because of military base or plant
closings.
at the trough
Earmarking is a vice in itself but one that Congress will
likely never give up because of the power it bestows. The
practice has traditionally been used to force the Pentagon to
purchase specific weapons or equipment from favored
congressional districts or companies. With procurement
accounts way down, conversion funds are serving the purpose
instead.
Earmarking--and its extension to defense conversion--has
been denounced in Congress. In November, Sen.------ ------,
who has long denounced earmarking, passionately attacked the
pork in the FY94 budget. ``What we are doing is not
acceptable,''------raged, adding, ``My greatest fears about
defense conversion were that the money for [it] that we
appropriated would not be used to help with conversion of
industries that need help but . . . would be used for pork
barrel projects.''
Then------began a litany of earmarked conversion projects:
``The World Language and Cultural Study Center in Pfeiffer
College is going to get $250,000. What is the requirement for
defense conversion? New London State pier. I do not know what
that has to do with defense conversion. It is earmarked . . .
I am sure that the Paiute Indians need to have something paid
for and cleaned up. What do the Paiute Indians have to do
with national defense?''
Not only is earmarking injuring the Defense Department, it
is hurting the conversion effort. ``Earmarking has always
been a problem,'' Dorothy Robyn, who handles conversion
issues for the White House, said at a February conference in
Washington on defense conversion sponsored by the Medill
School of Journalism and the MacArthur Foundation.
``The MANTECH program has been destroyed by earmarking,''
she said, referring to a federal program to support
manufacturing processes. But Robyn also acknowledged the
political reality: ``Politically, you cannot thumb your nose
at ------ ------ [D-PA] or Senator ------ ------ [D-HI],''
she said, referring to the powerful chairmen of the House and
Senate defense appropriations subcommittees, who control the
earmarks.
------ in an interview with AFJI, defended the practice.
``I don't know any better than the [individual] members what
is needed [for defense conversion],'' he stated emphatically.
``So many times the bureaucrats don't know what needs to be
done, and if we feel it is justified, we will do what we can
to make sure it is done.''
industry's shock therapy
The irony is that government conversion money is becoming
available while industry, which it was designed to help, is
either completing its consolidation or is well on the way to
diversification. And when government money is available to an
individual company--during the research and development
stages of a product--the company needs it least. The most
pressing need is for additional financing during production.
Corporate consolidation occurred with surprising speed.
Industry executives mostly eyed the defense downsizing with
grim determination. Many weak, defense-dependent subsidiaries
already have been sold off. Layoffs have largely stabilized.
Companies like Lockheed, Martin Marietta, and Loral are
concentrating on the core defense business that remains.
The Bottom-Up Review has introduced some stability into
defense planning.
Virtually all defense producers have plans to diversify
their product lines and raise the proportion of their
nondefense products. Experienced industry executives already
are aware that developing, producing, and marketing civilian
or dual-use technologies will take a long time and require
fundamental changes to business and corporate culture.
``In the US it is going to be slow,'' James Wilson,
president and chief executive officer of Thiokol Corporation,
told AFJI. ``It is difficult for a company to take new
products into new markets. That's just the nature of the
business. It's hard for defense companies to be competitive
in many commercial markets with the kind of overhead
structures they have geared toward defense.''
Thiokol should know. ``One of the classic technological
spinoffs [developed by Thiokol] is the automobile airbag, a
spinoff of the rocket business,'' said Wilson. ``It took 20
years of very patient effort to make that a viable
business,'' Conversion efforts in general ``take a long time,
and the probability of success is uncertain.''
It is also difficult to measure the current success of the
overall conversion effort. While all the evidence is
anecdotal, it seems to indicate that federal programs work
slowly at best.
Witness the fate of 650 New Jersey workers laid off by
Unisys in 1991 who applied for federal assistance. According
to a Rutgers University study, ``Retraining For What?,'' by
April 1993 73 percent of the workers were still unemployed,
and those who were working were employed at far below their
previous wages. On the other hand, a 1992 study of successful
conversion projects, ``Weathering The Defense Transition,''
issued by Erik Pages at Business Executives for National
Security, found a number of small firms had successfully
diversified. But these firms had done so thanks to strategic
planning, strong management commitment, and realism--not
government funding.
is there hope?
Does conversion's current dismal record mean that it should
be abandoned? No, but expectations have to become realistic,
investment has to be made where there is some anticipation of
return, and some control must be imposed on congressional
appropriations for conversion projects.
Part of the problem with the conversion effort is that it
is seeking an elusive panacea to magically create jobs and
production on the same scale as the defense production that
preceded it. Such guarantees aren't likely. Defense
production was massive because threats were massive. The NATO
allies faced the seven industrialized nations of the Warsaw
Pact. Civilian demand for material does not exist on the same
scale, and where there is huge demand, the field is already
crowded with producers.
Nor will conversions happen immediately. Conversion
advocates look back nostalgically on the immediate post-World
War II years when American industry abruptly switched from
defense production to filling civilian needs. However, in an
article in the 30 January New York Times Magazine titled
``But Can They Make Cars?,'' author Les Daly, a former
defense industry executive, writes, ``Those companies were
simply recapturing markets they had served before the war.''
The postwar ``conversion'' was largely ``reversion.''
Furthermore, this ``conversion'' occurred after only 4 years
of war production, not 40. Results from the current
conversion effort--for example, investment in new
technologies--could take decades to appear.
Government programs are unlikely ever to restore the scale
of defense employment or production or provide any quick
fixes. Once we accept these facts, there are some hopeful
signs.
The administration's technology programs appear to be
relatively sound. These include the work done by DOD's
Advanced Research Projects Agency (ARPA), which identifies
and encourages promising dual-use technologies and awards
funds on a competitive basis. These are funded through the
Technology Reinvestment Project (TRP), budgeted at $575
million in 1994. In 1995, the administration is proposing to
spend $2.1 billion in dual-use technologies.
``There is excitement in the technology community to put
their minds together to apply for the money [for dual-use
technology development],'' John Deutch, undersecretary of
defense for procurement, told the Medill conversion
conference. The beauty of the TRP, he said, is that projects
require a matching investment from industry, so the risk is
spread out. ``This one smells to me like it is going to be
successful,'' he said.
The TRP, however, deals only with technology development
and favors large firms. Furthermore, even here there are
congressional moves afoot to earmark TRP funds or intervene
on behalf of firms that lose in the competitive grant
process. So far the administration has successfully resisted
this congressional pressure, but it will be interesting to
see if it can continue to do so.
The Entrepreneurship Solution
Conversion analysts are beginning to see that assistance to
small, startup companies will probably bring greater results
in terms of technology development, employment, and economic
contribution than big government programs. The concept of
entrepreneurship as a form of conversion is gaining ground.
As a result there are proposals to encourage conversion
entrepreneurship through export assistance and management
advice.
One recommendation is to give credit assistance to new and
innovative companies. The Clinton administration has provided
good support for dual-use research, according to Erik Pages
of BENS, ``But all this effort will be wasted if the research
isn't turned into products that help build new companies and
create new jobs. Right now, there simply isn't enough working
capital to move good ideas from the lab into the
marketplace,'' he said.
In 1992, Bernard Schwartz, chief executive officer of Loral
Corporation, proposed a Fund for Defense Conversion to make
venture capital available to startup firms. The federal
government would be the initial investor, but private
investments would match the government funding.
clarifying roles
Government may not have the greatest success in supporting
companies, but it has played a constructive role in setting
standards of performance and achievement, according to George
Donahue, vice president of the Rand Corporation, the
California-based think tank. As long as government sticks to
the roles it can play successfully, it can be constructive in
the conversion effort.
Another suggestion is to take the conversion account out of
the Defense Department and have it appropriated separately.
This, however, would take several billion dollars out of the
hands of the defense appropriators in the House and Senate,
so it is unlikely to be enacted without a struggle.
On a different level, it would be worthwhile to open up the
conversion appropriation process to the public. The defense
budgets are traditionally marked up or revised in secret to
protect national security. Sen. McCain already is leading an
effort to change that. But even if most of the negotiations
on the defense budget are kept secret, there is nothing
secret about conversion funds or the conversion effort. At
the very least, the conversion portion of the defense budget
should be marked up, and the House and Senate conferees
should negotiate it in public. The public should know which
legislator is doing what and who is pursuing pork for the
hometown.
To date, defense conversion as currently conceived has few
successes to show. Nonetheless, it is still early in the
game, and corrective action is possible. Diversification
already is well under way in the private sector. In the
governmental realm, if the less savory and parochial impulses
of politic do not succeed, defense conversion need not veer
off further into either tragedy or farce. Who knows, it may
turn into a triumph instead.
california dreaming
Nowhere has the concept of defense conversion taken hold
more strongly or its dollars been pursued more ardently than
among the California congressional delegation. California was
very hard hit by the defense drawdown, so an effort to
convert is a natural response.
But defense conversion also is a comfortable crusade for
California's congressional delegation whose more liberal
members eschew any military connections or support for
defense on an ideological basis.
Democratic Sen. ------ ------ campaigned in 1992 with a
call for 50-percent cuts in the defense budget but now has to
help create jobs in a state that is in the process of losing
an estimated 650,000 defense-related jobs. Creating an
Economic Conversion Clearinghouse to provide conversion
information was her legislative triumph in this area in 1993.
California's other Democratic Senator ------ ------, tried to
ensure that conversion dollars would be apportioned by
region, with the hardest hit regions (i.e., California)
getting the most money.
After calling for cutbacks in defense for 23 years, Rep. --
---- ------ was confronted with closure of four major
military installations in his district that could cost over
50,000 jobs. He inserted $300 million in conversion money
into the 1994 Defense Authorization Bill and managed to
squeeze out $150 million.
Interestingly, a survey of 358 high-technology companies in
the Los Angeles area conducted by the Economic Roundtable, a
nonprofit research corporation, found that California
companies, particularly aerospace, had become more dependent
on defense contracting in the last two years. Commercial
aviation orders declined at a faster rate than military
sales. Moreover, ``defense conversion efforts have not opened
significant new commercial markets for the region's major
defense contractors,'' the Economic Roundtable report stated.
The firms surveyed were overwhelmingly critical of
government responses to the defense downturn, whether at the
local, state, or national level. Indeed, 88 percent rated
every level of government as ineffective. At the same time,
they were very clear about what they wanted: a stable
regulatory environment; long-term, conventional financing;
and information about new markets.
``The principal thing government can do is improve
education and provide a stable tax and regulatory
environment. It can't help because all its information is
yesterday's information. That's why the jobs it worries about
losing are in yesterday's industries,'' wrote one small
company in Costa Mesa. Some 80 percent of its sales were
defense-related, and it had experienced a 40-percent growth
in employment. ``If defense contractors don't know what to do
to survive, what does a bureaucrat or cooperative group of
defense contractors who are competing against each other,
bring to the table?''
Based on the survey, one might conclude that while
earmarked appropriations and conversion programs might play
well to the galleries, it is not what California industry is
seeking. ------, at least seems to have gotten the message.
In February she introduced a bill, S-1830, to provide loan
guarantees to small businesses through the Small Business
Administration.
successful conversion--at a price
It would be wrong to see defense conversion in only a
negative light. There have been success stories, even if they
are rare. For example, there is the potential of the V-22,
which could revolutionize commercial transport. And there are
big corporations, like Westinghouse, which have steadily
increased their share of commercial work.
But even the success stories demonstrate the limits of
defense conversion as currently practiced.
Take CMS Inc., a Tampa, FL, subsidiary of Daimler-Benz.
Primarily a maker of rocket and missile components, CMS
embarked on civilian projects, including clearing hazardous
sites (in Kuwait), mapping, and environmental restoration. In
1994 it began using its defense expertise to make the
propellant for automobile air bags. Between 1990 and 1994 it
changed its revenue base from one wholly dependent on defense
to one with a 50-50 mix of civilian and military contracts.
Despite this success, CMS' personnel roster has declined
from a high of 1,000 two years ago, to 500 today, according
to Fred Dibella, CMS' vice president. Not only has CMS been
forced to lay off workers, profit margins are ``razor slim''
when compared to its more robust defense profits in the past.
Another success story belongs to Frisby Airborne
Hydraulics, Inc. of Freeport, NY. Frisby successfully altered
its product mix from 90 percent defense in 1980 to 75 percent
in 1990.
After securing some significant contracts from the Boeing
Co., Frisby Airborne entered 1993 with the largest backlog in
its history--a year that also saw the first layoffs in the
company's 50-year history, when 25 percent of the work force
was dismissed.
Greg Frisby, chief executive officer of both companies,
attributes the layoffs to a lack of working capital for
defense conversion. While the military provided progress
payments for defense contracts, commercial aerospace
contracts require continuous access to commercial capital to
keep going. Furthermore, Frisby Aerospace lost a potentially
lucrative contract to a Canadian firm because the Canadian
firm had government financial backing.
``People in Washington are really focused on the research
and development phase of conversion and that's not where you
need the capital,'' Frisby told AFJI in an interview. ``You
really need it when you go into production.''
Frisby's experience is echoed in a survey of the 125 small-
to medium-size New York-based companies that are members of
the Aerospace and Defense Diversification Alliance in
Peacetime Transition (ADDAPT), which he chairs. Many of
ADDAPT's member companies already have diversified, the
successful ones by concentrating on core products and
technologies rather than seeking out new ones. The members
felt that adequate assistance for conversion was available
from existing federal programs. However, the real obstacle
was the lack of capital for commercial production.
``Cash flow,'' Frisby concluded, ``is the true casualty of
conversion.''
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from
Indiana [Mr. Buyer], a very valuable new member of our committee.
Mr. BUYER. Mr. Chairman, I join a number of my colleagues in
admiration and applause to the gentleman from California [Mr. Dellums]
and to the gentleman from South Carolina [Mr. Spence].
The gentleman from California [Mr. Dellums] is an individual who is
very fair and actually prides himself on fairness. I have to admit, Mr.
Chairman, I was tickled in his remarks a little bit ago when he decided
to take a 1 minute, because he loves to challenge the Members to think
anew. And it does prove that we do not have to be just young men like
myself to think anew and to be very challenging such as the gentleman.
I extend that as a compliment to him.
But what I found was interesting in his comments was when he
mentioned that quit saying the Soviet Union, because the Soviet Union
is dead. And it is forever gone. Do not think back in the 1960's and
1970's.
Something that jumped into my mind was that part of the
characteristics of the movement in the 1960's for peace, love, and
harmony is a very strong characteristic in the White House. They are
more sophisticated though today. They do not call it that. They call it
multilateralism. It is that harmony, that placing our foreign policy
under the homogeneous community of nations.
And I believe that that is a strong characteristic for which now this
White House, being more sophisticated, is falling back to the era of
the 1960's and allowing us not to think anew but to think in that
1960's movement. So it is difficult to talk about the defense bill
without also talking about foreign policy and the posture for which we
should have in our country.
To me, President Clinton fiddles while the world in fact smolders. Of
all the hot spots throughout the world, not only in Europe, with the
winds of change that fan various world hot spots into true brush fires,
with the collapse of the Soviet Union, with the building of China into
a superpower and how their dire needs, some of the Russians dire needs
for hard currency and the sell of military hardware to China places
fears into the Pacific rim. How the hot spots are still in the Middle
East. How the hot spots are still in Africa.
But here we are in a budget free fall in the defense bill which is
very bad. So our inconsistent foreign policy coupled with the
President's propensity to always defer to the United Nations, this
homogeneous community of nations, on tough decisions overseas makes
today's consideration of the defense authorization bill all the more
disturbing.
While we are driven more and more towards participation in dubious
United Nations peacekeeping operations, we face the 10th straight year
of defense cuts. So over the next 5, actually now 4 years, President
Clinton will in fact have cut, over that 5-year period, $127 billion
out of defense on top of President Bush's 50 billion in cuts.
The results we have not yet seen, folks. The so-called bottom-up
review, the bottom-up review designated to implement this Nation's
strategy of fighting two nearly simultaneous major regional conflicts,
it has become obvious that the review was nothing more than a
justification for the Administration's emasculation of the defense
budget. Unable to meet the stated strategy, we now find that even an
inadequate force is underfunded and will require further cuts. It is
absolutely wrong. We need a new assessment of the strategy for this
country based on a realistic assessment.
{time} 1550
Mr. SPENCE. Mr. Chairman, we are indeed blessed on our committee with
having on our side of the aisle a wealth of new talent, and another one
is the gentleman from Missouri [Mr. Talent].
Mr. Chairman, I yield 2 minutes to the gentleman from Missouri [Mr.
Talent].
Mr. TALENT. I thank the gentleman for his very kind remarks. I think
two minutes is enough time for me to state my view on the overall
issues.
Mr. Chairman, if we want to look at what we need to spend on defense,
we have to look first at what the national military strategy is. The
military strategy of the United States, which was the strategy of the
Bush administration and now the Clinton administration, is that we
should have an armed service capable of fighting two Desert Storm like
contingencies, which is a fancy name for a war, at the same time, while
also doing peacekeeping around the world like we did in Somalia, like
perhaps we may do in the Balkans and in other places.
That is the national military strategy of the United States. The
administration conducted a review of our defense establishment and
decided that a force structure consistent with what it calls its
Bottom-Up Review, and a force structure is the end strength, the final
strength of the Army, Navy, Air Force, and Marines, was adequate in
order to accomplish that national military strategy.
I have not been in the Congress for 16 months, we have had numerous
hearings, a lot of consideration of this issue, and I am convinced of
the following truths:
The first is that there is no question that in this bill we are not
funding the administration's request. We are under their request.
Second, even if we were, the administration's budgets for the next 5
years are not adequate to fund the Bottom-Up Review end strength level
for the Army and the Navy.
Third, even if it was, the Bottom-Up Review end strength is not
adequate to meet the national military strategy as we have now
designated it.
I believe that based on statements by Members of both parties in
committee hearings, hearings of the subcommittee of the distinguished
gentleman from Missouri [Mr. Skelton], my own studies and discussions
with a number of top level military officers, there are two options we
can take reasonably now, two intellectually honest options.
The first is to reexamine the national military strategy, that is
what the distinguished chairman of this committee was just talking
about a minute ago, reexamine the kind of force structure we need in
light of the realities of the world regarding foreign policy. That is
one intellectually honest option. I do not think I would end up in the
same place he would end up, but it is an honest way of approaching the
issue.
The second option we have that is honest is to fund the American
military at the level necessary to meet the current national military
strategy. We must do one or the other, if we are to be faithful to our
constituents and faithful to the men and women of America's military.
Mr. SPENCE. Mr. Chairman, I am pleased to yield 3 minutes to the
gentleman from Massachusetts [Mr. Torkildsen].
Mr. TORKILDSEN. Mr. Chairman, I rise today to express my deep concern
that the Department of Defense budget we are now debating is inadequate
to meet our agreed upon strategy of being able to fight and win two
near-simultaneous major regional conflicts. Because the budget we are
debating is inadequate to allow our men and women in uniform to fulfill
the missions we may give them, I ask all my colleagues to join with me
in opposing the further cuts this budget would inflict.
The dissolution of the Soviet Union as our main global rival has not
ushered in an era of tranquility. Instead, the demise of the cold war
has brought with it a period of heightened ethnic antagonism, civil
strife, and regional conflicts that have contributed to wide scale
starvation, inexpressible atrocities, and outright murder.
As the tension of the cold war has decreased, the instability of
multiple, regional crises and conflicts have increased.
As a result, the United States is challenged to develop a force
structure that meets the full spectrum of very different, but still
significant, near term and future threats to our national security
interests. While we do not need to spend as much money as we did in the
mid 1980's, we must spend enough to allow our men and women in uniform
to complete the missions we give them--both military and humanitarian--
as safely and efficiently as possible.
The Bottom-Up Review developed by the Clinton administration outlines
a strategy that hedges against future threats to U.S. national security
interests. It is a stopgap strategy with a commensurate stopgap budget.
It only works if all assumptions are met, and no additional cuts are
made.
The previous Base Force as proposed by then Secretary of Defense
Cheney outlined a 1997 force of 1.64 million active military personnel,
451 ships, and 39 active and reserve air wings. The current force
structure as outlined in the Clinton Bottom-Up Review further cuts the
number of ships by 105, further cuts the numbers of airwings by 8, and
further cuts the number of personnel by 200,000, but still asks our
personnel to fight and win two near-simultaneous major regional
conflicts.
For our military to meet the continuing demands we place on them with
these greatly reduced resources will be extremely difficult, if not
impossible. I ask my colleagues to vote against this authorization, as
it will make further cuts to the very stringent ones proposed by
President Clinton.
We cannot and should not defend an antiquated notion of cold-war-era
threats. We must face the very different and still serious challenges
to our national security that we face today.
While we all applaud the end of the cold war, and the greater freedom
that has allowed all of us, the shackles of the cold war have also been
removed from many of the world's pariahs--the dictators in Iran, Iraq,
and North Korea to name a few.
The accelerated flow of technology and proliferation of weapons of
mass destruction make the threats to our national security very real.
North Korea is just the prime example, with an unstable government
possessing a 1 million man army, potentially possessing nuclear
weapons, and constantly making threats of invasion. We cannot ignore
the threats of North Korea, nor can we ask our men and women in uniform
to take a role without the best in training and equipment.
And while I personally believe it would be a mistake to commit United
States ground forces in Haiti, there are many in both chambers who are
advocating precisely that type of intervention.
It is ironic that at a time when we are asking our troops to do more,
by being deployed in greater numbers, at greater intervals and into far
more areas, at the same time we are debating further cuts, over and
above what President Clinton has recommended.
Mr. Chairman, as a member of the Armed Services Committee, I urge my
colleagues to consider the consequences of these constant cuts in the
defense budget, at the same time we are making nearly unlimited demands
on our men and women in uniform. I urge my colleagues to vote no on the
further cuts to President Clinton's defense budget.
Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to our distinguished
colleague, the gentlewoman from California [Ms. Harman].
(Ms. HARMAN asked and was given permission to revise and extend her
remarks.)
Ms. HARMAN. Mr. Chairman, I rise in strong support of H.R. 4301, the
fiscal year 1995 defense authorization bill. As a member of the Armed
Services Committee, I am proud that we have stepped up, in the words of
our chairman, to the job of funding a strong national defense in a time
of uncertainty and transition.
Chairman Dellums has led the committee through many complex
discussions and pulled it together to deal with tough issues. Every
view has been heard, and we will agree that it is a privilege to serve
on his committee.
This bill has been shaped under tight spending limits and amid
continuing crises that test both our political will and our military
resources. We have seen some peaceful transitions of power in the past
few weeks in South Africa and the occupied territories, and it is
important to celebrate those successes. But other countries are still
pursuing weapons of mass destruction, and ethnic conflict has produced
horrific results in the former Yugoslav republics and Rwanda. Our
military leaders have to plan and budget for missions that are hard to
predict, and their resources are stretched ever thinner. In short, now
is exactly the time to worry about a strong defense.
I support a strong national defense, one that has the capabilities to
deal with post-cold-war threats and uncertainties. This bill preserves
America's options in key areas, including early warning of ballistic
missile launches, and airlift so we can respond quickly and massively
to regional conflicts. It maintains our current level of investment in
defense transition programs, so we can build a strong and flexible
industrial base. And it invests in people: It provides a full 2.6
percent pay rise, a cost-of-living adjustment for troops stationed in
high-cost regions of the United States like southern California, and
funds to help ex-servicemembers become teachers, firefighters, and law
enforcement officers.
Like many of my colleagues, I would like to do more, and there are
several issues I hope to address here on the House floor. Yesterday the
Armed Services Committee held a in-depth hearing with DOD and Air Force
officials on the C-17 program. Many of us believe that we now have the
information we need to consider the full request of six planes and
authority to settle outstanding disputes between DOD and McDonnell
Douglas. I will also support the amendment to be offered by Mr. Hefley
to restore ballistic missile defense funding to the administration's
request.
In addition, I will offer an amendment to strike section 534, which
would require the discharge of certain servicemembers who cannot be
assigned worldwide due to permanent medical conditions. It was not
requested by the services, and DOD representatives have testified that
they can handle the problem through the current system. I and many of
my colleagues see this language as a discriminatory measure that would
end the careers of people who are still performing their jobs up to
military standards. As we reduce the size of our armed forces, we must
ensure that everyone who is willing and able to serve has that
opportunity.
Finally, I want to state my strong support for the amendment to be
offered by the chairman that will restore funds to dismantle nuclear
weapons in the former Soviet republics, provide humanitarian and
disaster assistance overseas, and clear landmines around the world.
These programs were dropped from the committee bill because of
jurisdiction issues, which I am informed are now resolved. As an
advocate of a strong defense, I think these programs are crucial.
National security is not secured only by weapons. It also comes through
proactive action around the world to handle threats like the former
Soviet arsenal without fighting them. Chairman Dellums has given these
programs and others, such as military-to-military contacts, high
priority. I urge my colleagues to do the same, and to support this
bill.
Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida [Mr. Bilirakis].
(Mr. BILIRAKIS asked and was given permission to revise and extend
his remarks.)
Mr. BILIRAKIS. Mr. Chairman, for several years, I have introduced
legislation to eliminate a better than 100-year-old law that requires
an offset between military retirement pay and VA disability
compensation. Career military retired veterans are the only group of
Federal retirees who are required to waive their retirement pay in
order to receive VA disability.
For those who are unfamiliar with this offset, let me give an example
of its negative impact on military retirees. It is possible to have two
Federal retirees with the same service-connected disability suffered in
the same battle who have worked the same number of years in Federal
service treated differently. Why? Because one served all his years in
the military and the other served only 2 years in the military and the
remainder in Civil Service.
The military retiree must pay for his disability benefits from his
retirement check. But the Civil Service retiree may receive both his
Civil Service retirement and his VA disability in spite of the fact
that his military service in included in calculating his Civil Service
retirement and in spite of the fact that he had been receiving VA
disability during all his years as a civil servant.
The military retiree is unjustly penalized by the fact that he chose
military service as his career. In effect, the military retiree is
singled out solely because of his career choice.
H.R. 65, my legislation to eliminate this inequitable offset, has
received wide bipartisan support. In fact, H.R. 65 has 140 cosponsors,
including 26 members of the Armed Services Committee. Moreover, this
legislation is backed by the Nation's veterans organizations.
Last year, Congress took the first steps toward correcting the
injustice penalizing military retirees. The conference report to the
fiscal year 1994 DOD authorization bill contained a provision that
authorized the concurrent receipt of military retirement pay and VA
disability compensation for those retirees who have a disability rated
by the VA as being total and permanent in nature.
However, the conference report also contained language that allowed
DOD to nullify this provision if the Department issued a report prior
to January 1, 1994. DOD issued this report on December 28, 1993, and,
consequently, the special pay provisions did not go into effect.
This week, I submitted an amendment to the Rules Committee that would
have continued the congressional action taken in 1993. Unfortunately,
the Rules committee did not make my amendment in order.
My amendment would have authorized a military retiree who has a
service-connected disability rated as total, to be paid a special pay
equal to the amount of monthly retired pay that would be payable to
such person but for the person's receipt of disability compensation
from the Department of Veterans Affairs.
There are approximately 7,100 military retirees with a 100-percent
disability rating. How can we turn our backs on the men and women who
have sacrificed so much in service of their country?
I have been trying to eliminate the inequitable offset between
military retirement pay and VA disability compensation for over 8
years. Throughout the years, I have been told that allowing military
retirees to receive retired pay and VA disability compensation
concurrently is just too expensive. I have been told, ``Mike, we would
like to help you out but we simply cannot afford it.'' But, no one
would ever accuse Congress of being thrifty.
I find it incredulous that Congress can find the money to bail out
the savings and loan industry--which will cost each military retiree
$2,600, but we cannot find the money to provide these retirees with the
benefits they deserve.
It is ironic that we will soon be commemorating the 50th anniversary
of D-day. Many Members of Congress will soon be traveling to Europe to
take part in the commemoration ceremonies. We are very good at
commemorating the accomplishments of our Armed Forces. Yet, we tend to
overlook the needs of the brave men and women who have sacrificed so
much in service to their country.
Despite strong bipartisan support for my bill and repeated requests,
I have been unsuccessful in gaining committee consideration of this
legislation. Given this situation, I have taken the further step of
introducing a special rule to force H.R. 65 from committee. My rule
would bring H.R. 65 to the House floor for consideration by the full
House of Representatives
On March 24, 1994, I additionally filed a discharge petition on House
Resolution 382. This petition will discharge the rule from committee
and will allow House Resolution 65 to be considered on the House floor.
I had hoped that the committees of jurisdiction would act on my
legislation without this action. However, given that this legislation
and other bills have obtained widespread cosponsorship in the past--
without committee consideration--I felt I had no other choice. The
discharge petition appears to be the only available course of action.
Mr. Chairman, the overwhelming support in Congress and in the
veterans' community should compel us to take action on this matter. I
hope my colleagues will join me in my efforts to eliminate the
inequitable offset between military retirement pay and VA disability
compensation and sign discharge petition No. 15.
{time} 1600
Mr. DELLUMS. Mr. Chairman, pursuant to section 5 of House Resolution
429, I request that the Chair recognize for consideration amendment No.
2 printed in part 3 of House Report 103-509 before amendment No. 1
printed in that part of the report.
The CHAIRMAN. The Chair will grant the gentleman's request.
Mr. DELLUMS. Mr. Chairman, I yield myself 7 minutes.
Mr. Chairman, I appreciate the remarks of many of my colleagues with
respect to the process that we undertook to bring this bill to the
floor of Congress. I have tried to carry out my responsibilities as
chair of the committee as diligently and as openly and as fairly as
possible. It is not always easy given the political perspective that
this gentleman brings to these Chambers and to the committee. I have
attempted to discharge my responsibilities as chairman of the
committee. At this point I simply would like to speak as Representative
Dellums who represents the Ninth Congressional District and comment to
some of the remarks that many of my colleagues have made suggesting
that the military budget has been cut too quickly, that there are major
threats out there, and that in some way we have become a second-rate
power.
First, Mr. Chairman, let me point out to my colleagues that at the
time when we were spending in excess of $300 billion per year, we were
spending between 50 and 70 percent of those dollars contemplating
waging war with the Warsaw Pact and the Soviet Union, two geographic
and political entities that no longer exist. There is no longer a
Warsaw Pact, there is no longer a Soviet Union. But we were spending
between 50 and 70 percent of our national dollars budgeted for the
purposes of national security to deal with those two scenarios. Quick
mathematics means that annually we were spending between $150 and $210
billion per year for the possibilities of waging war in two places that
no longer exist.
Mr. Chairman, one does not have to be a brilliant Ph.D. or great
scholar to realize that at the time that the Berlin Wall fell and that
the cold war was over that we could look at the military budget with
fresh eyes, with a different perspective, with a different set of
responsibilities.
I challenge us each day, Mr. Chairman, to do just that. We find
ourselves in a very different world now, unchartered waters,
unprecedented environment, an avenue of significant change.
Mr. Chairman, remember this: There are no experts in what to do in a
post-cold war world. We developed many scholars and experts as we
contemplated what to do in the context of the cold war. Great scholars
wrote brilliant articles and books and papers, delivered great lectures
on being experts in the cold war. But suddenly it was over. And now
where are the experts? There are none. Each of us must grapple together
and individually, with new ideas in a new environment, lay down old
ideologies, lay down old paradigms, and reach to new ideas.
Mr. Chairman, I would suggest that there are two possibilities here.
We could step up to this unprecedented moment of change, change that
none of us could have contemplated just a few short years ago. One
possibility is to paint bold strokes across the canvas of time. Think
boldly, think about relationships that we could not have contemplated
just a while back, begin to move across the lines of adversity and the
lines that created enemies and obliterate the lines and begin to
communicate, to talk, to use the power of ideas.
If Nelson Mandela could become the President of a great nation in
South Africa without violence and without anger and without accusation,
could we do less? Do we need to continue to spend billions and billions
of dollars contemplating waging war when I believe, Mr. Chairman, that
the scenarios of the future is not waging war with Korea or waging war
with Iraq, low-intensity conflicts and peacekeeping, peacemaking and
peace enforcement activities in the Somalias, the Bosnias, and the
Haitis and Rwandas of the world.
The challenge before us, Mr. Chairman, is not how to frighten the
American people about becoming a second-rate power but, rather, to
determine what is indeed the threat that is out there. My colleagues
say the world is now no longer one big dragon but several snakes. We
have got to define the nature of the snakes. Arguing by analogy has its
own inherent weaknesses.
When the world was a bipolar world and very simple, us and them and
the bear and us, the Soviet Union and the United States, East versus
West, it was very easy. But once we stripped away the thin veneer of
the cold was that overshadowed this world, what are we now seeing? What
are we now confronted with? The harsh and unfortunately ugly reality of
the human condition, where people kill and maim each other on the basis
of ethnic violence and ethnic conflicts, where groups maim and kill
each other on the basis of tribalism.
Mr. Chairman, the question before us is not how to go back into the
cold war but how do we march forward into the 21st century and
contemplate a force that deals with the reality of what we are going to
be confronting out there.
Mr. Chairman, I walked in the door 24 years ago standing here as a
man of peace. Twenty-four years later, I still believe in the power of
peace, the power of negotiation, the power of political and diplomatic
and economic solution to problems. Out children demand that we move
away from war as a way of solving our problems. Our people demand that
we radically alter the priorities in this country so that we deal with
the problems of poverty and hunger and disease and homelessness and
hopelessness that permeate our environment.
If America is becoming second rate, it is not second rate in terms of
our national security apparatus, it is second rate in terms of the
quality of life that we are providing for our children and our
children's children. That is because of our incredible preoccupation
with the desire not to give up the old baggage of the cold war and walk
forward into this moment and paint bold strokes and bring new changes.
Let us not have our grandchildren look at this generation of us and
say they frittered away our future by tinkering at the margins of
change because they lacked the wisdom, they lacked the vision and at
the end of the day they lacked the courage to go forward boldly.
Mr. Chairman, we are the only superpower in the world. We are, as
Colin Powell said, the bully on the block. But when you are the biggest
and the baddest, it requires two responsibilities: Walk gently among
the people and show other people that there are alternative ways to
operate than the blatant use of force and violence as a way of solving
problems.
Mr. Chairman, we have the moment now. I believe that our committee,
given an opportunity in these Chambers, given the opportunity to
seriously address and discuss these matters, will find ourselves moving
away from $260 some odd billion budgets because there are other ways to
deal with it, there are other force structures that we can develop that
move us forward dealing with the reality of the threat that is out
there as opposed to a political analysis of what we think the threat
is.
This is the moment that we have, Mr. Chairman, and in the course of
the next several days that we are on the floor, let us challenge each
other to a higher and better standard. Our children demand it, our
grandchildren demand it, and our great grandchildren will thank us for
stepping up to this moment.
Mr. Chairman, I reserve the balance of my time.
announcement by the chairman
The CHAIRMAN. The Chair asks our visitors in the gallery to please
refrain from demonstrations of approval or disapproval. We are happy to
have our guests, but the rules preclude that activity.
Mr. SPENCE. Mr. Chairman, I yield 4 minutes to the gentleman from
Ohio [Mr. Kasich], the ranking member of the Subcommittee on Readiness.
Mr. DELLUMS. Mr. Chairman, I yield 1 minute to the gentleman from
Ohio [Mr. Kasich].
The CHAIRMAN. The gentleman from Ohio [Mr. Kasich] is recognized for
5 minutes.
Mr. KASICH. Mr. Chairman, I want to say that I did listen intently to
the gentleman from California, my colleague who as many know we are
friends and I want to salute the gentleman for his commitment to
idealism in the world, along with my colleague, the gentleman from
South Carolina, who has the same kind of view, an idealism about what
he sees as a safer world.
{time} 1610
I want to say a couple of things that I think the people need to
understand in this debate. When Bill Clinton ran for President of the
United States, you might remember that, unlike previous Presidential
elections, defense never became an issue. The reason why defense never
became a real issue in the campaign is because the differences between
George Bush and Bill Clinton, as laid out in that campaign, were
essentially minimal.
The problem was that Bill Clinton got elected President and said that
he wanted to continue to downsize the U.S. military by a total of about
$60 billion worth of additional savings in defense.
What happened was the November election came and went, and we went
from $60 billion in savings to $129 billion in savings, more than
doubling the amount of money that Bill Clinton had talked about before
the campaign and began to deliver once he became President.
Now, as many of you know, last year I made every effort I could
within the Republican Party, in fact working even against some of my
own leadership, to support Chairman Dellums' bill, because I thought it
was important that Chairman Dellums have bipartisan support for a bill
that would continue the downsizing of the U.S. military. I do not think
we downsized the U.S. military too much last year and, frankly, I
really do not think we are downsizing the U.S. military too much this
year. I mean, we can quibble over $1 billion or $2 billion in terms of
this year's level, but we are in accord when it comes to the fact that
the U.S. military needs to be downsized, because the nature of the
threat has significantly changed.
We are a less troop-oriented, a less troop-intensive military as a
result of the fact that the Warsaw Pact has changed, collapsed, the
Soviet Union does not exist anymore.
But the concern that we have, those people who claim to be
prodefense, is the fact that 3 additional years of cuts are going to
come. I happened to sit in the Readiness Subcommittee one day when we
had some people who did not have stars on their shoulders come to
testify, and they talked about the severe implications that 3 more
years of defense cuts would mean to their ability to carry out their
job, to be trained, to be ready, for them to have the skills that are
necessary for them to be able to carry out the role and the missions
that the civilians in this country send them to do.
Mr. Chairman, it is going to be impossible for me to be able to
complete this statement. But in a nutshell, the concern that we have is
that the Department of Defense is an awful lot like a fire department.
No one worries about the fire department until your house catches on
fire, and no one worries so much about the level of defense spending
until we need to actually use it, and I will say that when you look at
Somalia and Bosnia and Haiti and North Korea and Rwanda and Georgia and
Pakistan, there are many trouble spots throughout this world.
I would maintain that the greatest shortfall that we have had over
the period of the last several years has been the inability of this
administration and some of the inability of Republicans to really think
about what the roles and the missions are in the post-cold-war era, but
this is not a world where evil people have vanished. When you take a
look at what is going on in Rwanda and you read the stories, it is not
even believable. When you see the films about Bosnia, it is not
believable. When you read the stories about Zhirinovsky, it is hardly
believable in the 1990's.
But the bottom line is it is a dangerous world still, and people
still look to the United States to provide the essential leadership for
what is right in this world, to stand up for people sometimes who
cannot stand up for themselves.
I would refer everybody in this Chamber back to the six principles
that Mr. Weinberger enunciated during a speech in 1984 to the National
Press Club where he began to define what true and real U.S. interests
are, and so as we go through this debate, I hope we will have more
discussion about the fact that we need to have a coherent post-cold-war
policy that we still do not have.
We have got too much vacillation, too much indecision, too much
doubletalk, and not a certainty of what U.S. policy is, not only to the
people outside of our boundaries, but there has been a lack of clear
definition to people inside our boundaries.
And I would say, Mr. Chairman, and to the gentleman from South
Carolina [Mr. Spence], this is our challenge, to truly define our
interests, to be firm, to be tough, not short ourselves on national
defense, and maybe if we think and work together, we can reach some
agreement in terms of where the United States military and these
defense budgets ought to go for the rest of this decade.
Mr. Chairman, my concern is if you take a look at Weinberger's
statement, and I have got to have it published in the Record, about our
vital interests must be at stake, the issues involved are important for
the future of the United States, that we have clearly defined political
and military objectives, that we have sized our forces to achieve our
objectives, that we have reasonable assurance of the support of the
American people, that U.S. forces are committed to combat only as a
last resort; we are lacking in our definition of what we are doing in
this world.
One minute we say the North Koreans should not have a nuclear device,
and the next day we say, well, if they have only two, that is OK. One
minute we say we are going to go to Bosnia, and the next day we say,
well, maybe we should not.
It is not always the policy, in my judgment, that is at issue here.
It is the lack of being able to make clearcut, tough decisions and
being able to define the fundamental basic interests of the United
States of America. And in the course of doing it, we cannot short
ourselves the kind of military forces we need in order to accomplish
those objectives.
That is how we will begin to move forward in the post-cold-war era,
is to be able to define legitimate U.S. interests and provide the
resources that are necessary to carry them out.
Mr. DELLUMS. Mr. Chairman, I yield such time as he may consume to my
distinguished colleague, the gentleman from Alabama [Mr. Browder], a
member of our committee.
(Mr. BROWDER asked and was given permission to revise and extend his
remarks.)
Mr. BROWDER. Mr. Chairman, I rise in support of this bill, and I take
this opportunity to discuss the chemical and biological defense
program.
Mr. Chairman, I rise in support of H.R. 4301 and the Congress'
continuing initiative to improve the chemical and biological warfare
defense and readiness of our Armed Forces.
Last year, as a follow-on to the House Armed Services Committee's
review of lessons-learned from the Persian Gulf War, the committee
completed a special inquiry into the nature of the threat posed by the
proliferation of chemical and biological weapons in the post-Soviet
world. The inquiry concluded that the threat is increasing in terms of
widespread proliferation, technological diversity, and probability of
use. The inquiry recommended several measures to strengthen the
chemical and biological warfare defense of our Armed Forces and related
matters in the areas of chemical and biological weapons arms control,
nonproliferation, and chemical demilitarization. Many of these
recommendations were incorporated in last year's Defense Authorization
Act, Public Law 103-190.
Among other things, the law requires the Secretary of Defense to
establish the Chemical and Biological Warfare Defense Program in a
separate Department of Defense budget account, a coordinated and
integrated chemical and biological defense program for the military
departments with the Army as executive agent and under the oversight of
a single office within the Office of the Secretary of Defense. The
Secretary is required to report on the Department's management of the
combined program and measures that should and are being taken to
improve joint coordination and oversight. The Secretary is also
required to provide an annual assessment of the overall readiness of
the Armed Forces to fight in a chemical and biological warfare
environment and the steps being taken to improve such readiness.
The reports required by the law have not yet been transmitted
officially to the Congress. The Armed Services Committee has had the
opportunity, however, to review advance copies of the reports and, in
general, is pleased that the Department of Defense has taken a number
of management, research and development, and training initiatives which
should result in significant improvements in the chemical and
biological warfare defense readiness of U.S. Armed Forces. The
Committee notes that the Department has created a biological warfare
defense program with a general officer assigned as program manager.
This indicates the seriousness with which the Department regards the
potential threat posed by such weapons of mass destruction and the need
for a viable medical and nonmedical biological defense program.
The committee has been particularly concerned, however, that, in a
declining budget environment, the requirements for an effective
chemical and biological defense program not be ignored. We believe that
a high priority must continue to be placed on the program and that it
must not be subjected to disproportionate cuts as budgets are reduced.
The committee believes that such cuts would seriously undermine long-
term efforts to improve the readiness of U.S. Armed Forces to fight in
a chemical-biological warfare environment. The committee believes that
each military service must allocate an appropriate amount of its budget
for its share of the integrated C-B Defense Program and that the
Secretary of Defense should ensure in annual budget guidance that such
allocation is accomplished. In support of this belief, the committee
has recommended an increased authorization of $53 million to restore
critical program reductions in the fiscal year 1995 budget request for
the Chemical-Biological Warfare Defense Program.
The chemical and biological threat to United States forces posed by
Iraq was very real during the Persian Gulf war. Similar threats posed
by these weapons of mass destruction exist today in areas where U.S.
forces might be deployed. The Congress must ensure that they are
prepared and ready to fight in such an environment. H.R. 4301 will
provide that insurance.
I urge your support for the bill.
Mr. DELLUMS. Mr. Chairman, I yield the balance of my time to my
distinguished colleague, the gentleman from Virginia [Mr. Moran].
Mr. MORAN. Mr. Chairman, I rise today to offer my strong support for
the Defense Authorization Act and to applaud the leadership of Chairman
Dellums, ranking member Spence, and the other members of the committee
who brought this bill to the floor.
This bill is particularly important because it contains a correction
to an inequity in the cost of living adjustment [COLA] schedules for
Federal civilian and military retirees.
Historically, the Congress has always made a point of ensuring that
Federal civilian and military pensioners are treated equally and
fairly. Both groups have been given adequate benefits packages and
annual cost of living adjustments to ensure that their income stays
current with inflation.
But last year, the Omnibus Budget Reconciliation Act of 1993
contained a disparity in the COLA schedules for Federal civilian and
military retirees. In 1995, Federal civilian retirees would receive
their COLA's in April, but military retirees would not have received
their COLA until October. Without the passage of this amendment,
military retirees would have received no COLA in fiscal year 1995.
While many of us supported the Omnibus Budget Act voted to decrease
the deficit, I felt that this was a serious inequity that had to be
corrected and introduced legislation to do so. This also has become an
important issue for many members and more than 210 of our colleagues
have signed on as cosponsors to my bill.
COLA's do not make the retiree wealthier over time. They do not
increase his or her pension. The automatic cost of living adjustments
would only ensure that an individual's post-retirement income stays
current over the remainder of their life and that their buying power
neither grows nor diminishes. The problem with delaying COLA's for
Federal retirees is that it does decrease their pensions and does
decrease their buying power. Otherwise, we wouldn't have been able to
score about $3 billion in savings from the COLA delay. A policy which
puts COLAs on different schedules for different groups of retirees
unfairly impact the losing group. Federal civilian retirees and
military retirees both receive federally funded retirement programs. We
should not discriminate against a single class of retirees.
I am very pleased that the Armed Services Committee was willing to
adopt an amendment that corrected the disparity in COLA's for fiscal
year 1995. I also want to express my appreciation to Representative Kyl
who offered this amendment in the committee markup. Most importantly, I
want to express my deep gratitude for the military retirees across the
country who created an incredible grass roots lobbying effort in
support of this effort.
Mr. SPENCE. Mr. Chairman, as I indicated earlier, we have a wealth of
new talent on our committee, and another one is the gentlewoman from
Florida [Mrs. Fowler].
Mr. Chairman, I yield 2 minutes to the gentlewoman from Florida [Mrs.
Fowler].
{time} 1620
Mrs. FOWLER. Mr. Chairman, I rise today to express my support--
although it is reluctant support--for the defense authorization bill
before us today.
In my judgment, this bill leaves us peering over a dangerous
precipice. It is one more step along the way to ending up with the
force specified by President Clinton in his Bottom-Up Review--a plan
that I believe will ultimately compromise our readiness and put our
service people at greater risk. The Bottom-Up Review also perpetuates a
faulty view of future military challenges and our ability to meet them.
Though I recognize that times have changed and our military forces must
undergo reductions, this bill cuts bone, not just muscle.
That said, it also includes provisions that I am convinced are
important and necessary to our Nation's defense. It is for these
reasons, that this measure has my support.
This legislation increases the pay raise for our military personnel
from the inadequate 1.6 percent requested by the President to 2.6
percent, a level that more closely matches the real increase in the
cost of living. This pay raise will provide an urgently needed
incentive for the best and brightest of our military personnel--who
serve today under increasingly difficult circumstances--to remain in
the service.
It authorizes $3.65 billion in funding for an item that I consider to
be absolutely crucial to our Nation's continued ability to support our
security strategy overseas--CVN-76, our next nuclear-powered aircraft
carrier. We absolutely must provide the funding necessary to move ahead
with this critical program in fiscal year 1995 if we are to ensure our
ability to protect our most vital interests and address the threats
that are certain to arise in the 21st century.
In addition, the bill contains funding for continued research on or
procurement of several critical defense assets, including DDG-51
destroyers, the next Seawolf submarine, the V-22 Osprey tiltrotor
aircraft, the F-22 fighter, the Comanche helicopter, and tactical
ballistic missile defenses.
Mr. Chairman, although this bill is not everything it could be, I
will support it. At the same time, I want to put my colleagues on
notice that I will continue to work against the kind of debilitating
cuts that this administration seems determined to pursue.
Mr. SPENCE. Mr. Chairman, I yield the balance of our time to a very
valuable member of our committee, the gentleman from Maryland [Mr.
Bartlett].
Mr. BARTLETT of Maryland. I thank the gentleman for yielding this
time to me.
I would first like to thank the chairman of our committee, the
gentleman from California [Mr. Dellums] for being a very fair chairman,
for leading our committee and crafting what I think might very well be
the best bill we could have crafted considering the budgetary
constraints we were placed under. I totally agree that we ought to be
waging peace and not war, but I think that history will indicate,
particularly recent history, that the surest way to peace is through
strength, and I think that the Berlin Wall came down, that communism
collapsed precisely because we were strong.
Mr. Chairman, the challenge for the future is to properly identify
the threat we might face so we will have a military equivalent to that
threat. My personal feeling, and I think I join a growing number of
military and nonmilitary people who feel the bottom-up threat was not
an appropriately designated threat. Even if the threat was appropriate,
the end force that they indicate would not meet that threat. The
dollars included would not support the end force.
I agree that we are in uncharted waters, and precisely because we are
in uncharted waters, we should go slowly, we should go carefully. The
over-aggressive downsizing of the military, before we have clearly
identified the kinds of threat we really will face, does not serve well
the American people.
Mr. Chairman, I again commend the chairman for what he has done, but
I must regretfully vote against this bill simply to send the message
that we need to do better for America and for our children.
Mr. CUNNINGHAM. Mr. Chairman, I rise to discuss the language in this
bill that concerns precision conventional weapons for the B-2 bomber.
Mr. Chairman, I believe that the key to maintaining the long-term
security of the United States is a strong national defense. I am sure
that many of my colleagues on both sides of the aisle agree with me
when I say this.
With the ending of the cold war, it has become necessary for us to
reexamine the needs of the American military. As U.S. military activity
in Desert Storm demonstrated, there is an increasing need for the
capability to make precision conventional strikes anywhere in the
world. By allocating the funding necessary to equip the B-2 bomber with
GATS/GAM technology, we are ensuring that the U.S. military will have
these capabilities.
By approving the GATS/GAM funding, we will enable the B-2 Stealth
bomber to make precision conventional strikes anywhere in the world
from bases in this country at a minimum risk to the lives of American
servicemen and women and at a minimum cost to the American taxpayer.
By approving the GATS/GAM funding, we will arm the B-2 Stealth bomber
with a weapon superior to current precision conventional weaponry.
GATS/GAM technology can be used in all weather conditions, unlike
laser-guided bombs. GATS/GAM technology can also be deployed on long-
range aircraft, unlike current precision gravity bombs.
By approving the GATS/GAM funding, we will arm the U.S. military with
long-range precision strike capability 3 to 4 years sooner than would
otherwise be possible. GATS/GAM weaponry will demonstrate 60-foot
accuracy by mid-1995 and 20-foot accuracy by mid-1996. Twenty-foot
accuracy. Mr. Chairman, that's about the distance between your chair
and my podium. Any comparable precision weaponry will not be ready for
deployment until 1999.
Mr. Chairman, it is clear to me that we must approve the funding
necessary to equip the B-2 Stealth bomber with GATS/GAM technology.
Arming the U.S. military with the capability to make precision strikes
with conventional weapons anywhere in the world is a step that must be
taken to support a strong national defense. GATS/GAM technology is one
of the keys to ensuring the long-term security of the United States,
and we must approve its funding.
Mr. BAKER of California. Mr. Chairman, I have some serious concerns
about the legislation that is before us today. H.R. 4301, the National
Defense Authorization Act for fiscal year 1995, continues to reduce our
national defense to the point where the U.S. will be unable to support
our country's defense needs, military force levels, and readiness.
Mr. Chairman, let's take a look at defense spending over the last few
years. Since 1986 defense spending has decreased 35 percent, by the
President's own numbers. Today, only 17.8 percent of the Federal budget
is spent on defense, the lowest since 1940. As a percentage of gross
domestic product, defense spending is 3.9 percent, the lowest since
1948. While we're gutting defense, domestic social spending continues
to spiral out of control. I will not support this bill because these
severe cuts are beginning to undermine our national security and will
return the state of our defense to the hollow forces of the 1930's and
late 1970's.
I would, however, like to take this opportunity to express my strong
support for the provision in the bill that eliminates the disparity
between civil service and military retiree COLA's.
The disparity, enacted as a part of Mr. Clinton's 1993 tax plan,
unfairly singles-out military retirees by delaying their COLA's until
April 1994 and until October in every year thereafter until 1998.
I was pleased to have cosponsored H.R. 3023 to eliminate this unfair
treatment of our military retirees as well as join many of my
colleagues in sending a letter to Chairman Martin Sabo of the House
Budget Committee requesting his support in correcting this disparity.
Mr. Chairman, we must honor the promise we made to our military
retirees and eliminate this unfair COLA treatment. They have served
this country with honor and courage and we should give to them what
they are owed.
Although I will oppose this authorization bill, I will continue to
support reinstatement of the full military COLA. It is my sincere hope
that the final defense bill we send to the President will contain this
important change.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, committee amendment in the nature of a
substitute printed in the bill is considered as an original bill for
the purpose of amendment and is considered as read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 4301
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1995''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
Subtitle B--Army Programs
Sec. 111. Procurement of helicopters.
Subtitle C--Navy Programs
Sec. 121. Termination of Navy F-14A/B upgrade program.
Sec. 122. Limitation on acquisition of guidance systems for Trident II
missiles.
Sec. 123. Prohibition on Trident II backfit.
Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.
Subtitle D--Air Force Programs
Sec. 131. Intertheater airlift programs.
Sec. 132. B-2 bomber program cost limitation.
Sec. 133. Bomber force upgrade program.
Subtitle E--Defense-Wide Activities
Sec. 141. Ballistic missile early warning programs.
Subtitle F--National Defense Sealift Fund
Sec. 161. Prohibition of transfer of fiscal year 1994 funds to CVN-76
construction.
Sec. 162. Fiscal year 1995 National Defense Sealift fund program.
Sec. 163. Transfer of excess amount to BRAC III account.
Sec. 164. Fiscal year 1994 unauthorized sealift appropriation defined.
Subtitle G--Other Matters
Sec. 171. Transfer of USNS Maury.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Standoff air-to-surface munitions technology demonstration.
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced
Chemical Laser against an object in space.
Sec. 214. Applicability of certain electronic combat systems testing
requirements.
Sec. 215. Advanced Self Protection Jammer (ASPJ) program.
Sec. 216. Advanced lithography program.
Sec. 217. Federally funded research and development centers.
Sec. 218. Defense experimental program to stimulate competitive
research.
Sec. 219. Digital battlefield program.
Sec. 220. Mobile Off-Shore Base and Landing Ship Quay Causeway program.
Subtitle C--Missile Defense Programs
Sec. 231. Ballistic missile defense organization budget presentation.
Sec. 232. Theater missile defense programs.
Sec. 233. Theater missile defense risk reduction activities.
Sec. 234. Military satellite communications.
Sec. 235. Limitation on flight tests of certain missiles.
Subtitle D--Women's Health Research
Sec. 241. Defense women's health research program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Defense Business Operations Fund.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Funds for depot-level maintenance and repair work.
Sec. 305. Support for the 1996 Olympics.
Subtitle B--Limitations
Sec. 311. Reports and limitation on transfer of certain operations and
maintenance funds.
Sec. 312. Limitation on retention of morale, welfare, and recreation
funds by military installations.
Sec. 313. Prohibition on use of appropriated funds for operation of
Armed Forces Recreation Center, Europe.
Sec. 314. Limitation on use of specifications for procurement of
subsistence items.
Subtitle C--Depot-Level Activities
Sec. 321. Findings.
Sec. 322. Modification of limitation on performance of depot-level
maintenance.
Sec. 323. Limitation on the performance of depot-level maintenance of
materiel for new weapon systems.
Sec. 324. Audits to monitor cost growth of contracts to perform depot-
level maintenance and repair.
Sec. 325. Consideration of costs of closing Department of Defense
depots in certain cost comparisons.
Sec. 326. Authority for depot-level activities of the Department of
Defense to compete for maintenance and repair workloads
of other Federal agencies.
Sec. 327. Authority of depots to provide services outside of the
Department of Defense.
Sec. 328. Maintenance of sufficient depot-level facilities, activities,
and employees of the Department of Defense.
Sec. 329. Reutilization initiative for Army and Navy depot-level
activities.
Subtitle D--Defense Business Operations Fund
Sec. 341. Oversight of Defense Business Operations Fund.
Sec. 342. Review by Comptroller General of charges imposed by Defense
Business Operations Fund.
Subtitle E--Department of Defense Domestic and Overseas Schools
Sec. 351. Reauthorization of Department of Defense domestic elementary
and secondary schools for military dependents.
Sec. 352. Survey and pilot program for the transfer of Department of
Defense domestic dependent elementary and secondary
schools to appropriate local educational agencies.
Sec. 353. Evaluation of schools of the defense dependents' education
system with fewer than 150 students.
Sec. 354. Prohibition on tuition ceiling for schools of the defense
dependents' education system.
Subtitle F--Other Matters
Sec. 361. Modification of fees paid by residents of Armed Forces
Retirement Home.
Sec. 362. National Guard youth program.
Sec. 363. Department of Defense food inventory program.
Sec. 364. Department of Defense special supplemental food program.
Sec. 365. Transportation of the remains of deceased retired members who
die outside of the United States.
Sec. 366. Authority to transport the remains of certain deceased
veterans on Department of Defense aeromedical evacuation
aircraft.
Sec. 367. Modification of Air Force support for the Civil Air Patrol.
Sec. 368. Review and report on use of operations and maintenance funds
by the Department of Defense.
Sec. 369. Requirement of comparative report on operations and
maintenance funding.
Sec. 370. Automated data processing programs of the Department of
Defense.
Sec. 371. Review by Defense Inspector General of cost growth in certain
contracts.
Sec. 372. Cost comparison studies for contracts for advisory and
assistance services.
Sec. 373. Requirement and plan for converting performance of certain
positions to performance by Department of Defense
employees.
Sec. 374. Use of service contract funds for separation incentive
programs for Department of Defense employees.
Sec. 375. Non-Federal employment incentive pilot program.
Sec. 376. Uniform health benefits program for employees of the
Department of Defense assigned to nonappropriated fund
instrumentalities.
Sec. 377. Operation of military exchange and commissary store at Naval
Air Station Fort Worth, Joint Reserve Center, Carswell
Field.
Sec. 378. Ships' stores.
Sec. 379. Program to commemorate World War II.
Sec. 380. One-year extension of certain programs.
Sec. 381. Clarification and codification of overseas military end
strength limitation.
Sec. 382. Authority to issue military identification cards to so-called
honorary retirees of the Naval and Marine Corps Reserves.
Sec. 383. Modification of statute of limitations for certain claims for
personal property damage or loss.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Limitation on deployment of divisions constituting Army
contingency force.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. Active component members to be assigned for training
compatibilty with guard units.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority for officers to serve on successive promotion
boards.
Sec. 502. Army field grade officer strength limitations.
Sec. 503. Technical changes to provisions enacted by Warrant Officer
Management Act.
Sec. 504. Navy and Marine Corps limited duty officers.
Sec. 505. Retirement or enlistment of certain limited duty officers of
the Navy and Marine Corps.
Sec. 506. Temporary exclusion of Superintendent of Naval Academy from
counting toward number of senior admirals authorized to
be on active duty.
Sec. 507. Grade of heads of certain professional military education
schools.
Subtitle B--Reserve Component Matters
Sec. 511. Selected Reserve activation authority.
Sec. 512. Reserve general and flag officers on active duty.
Sec. 513. Definition of active guard and reserve duty.
Sec. 514. Repeal of obsolete provisions pertaining to transfer of
regular enlisted members to the Retired Reserve.
Sec. 515. Guard and reserve transition initiatives.
Subtitle C--Other Matters
Sec. 521. Repeal of required reduction in recruiting personnel.
Sec. 522. Coast Guard force reduction transition benefits.
Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.
Sec. 524. Authorized active duty strengths for Army enlisted members in
pay grade E-8.
Sec. 525. Reimbursement for certain losses of household effects during
PCS moves.
Sec. 526. Victims' advocates programs in Department of Defense.
Sec. 527. Prohibition of retaliatory actions against members of the
Armed Forces making allegations of sexual harassment or
unlawful discrimination.
Sec. 528. Annual report on personnel readiness.
Sec. 529. Programs related to Desert Storm mystery illness.
Sec. 530. Upgrade of Armed Forces Staff College wargaming and other
capabilities.
Sec. 531. Prohibition on imposition of additional charges or fees for
attendance at certain academies.
Sec. 532. Authorization for instruction of civilian students at Foreign
Language Center of the Defense Language Institute.
Sec. 533. Sense of Congress concerning appropriate Department of
Defense force structure through 1997.
Sec. 534. Discharge of members who are permanently nonworldwide
assignable.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
Sec. 602. Cost-of-living allowance for members of the uniformed
services assigned to high cost areas in the continental
United States.
Sec. 603. Increase in subsistence allowance payable to members of
Senior Reserve Officers' Training Corps.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Increase in authorized incentive special pay for certified
registered nurse anesthetists.
Sec. 612. Extension of authority for payment of aviation officer
retention bonus
Subtitle C--Travel and Transportation Allowances
Sec. 621. Change in provision of transportation incident to personal
emergencies for members stationed outside the continental
United States.
Sec. 622. Clarification of travel and transportation allowance of
family members incident to the serious illness or injury
of members.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Elimination of disparity between effective dates for military
and civilian retiree cost-of-living adjustments for
fiscal year 1995.
Sec. 632. Clarification of calculation of retired pay for officers who
retire in a grade lower than the grade held at
retirement.
Sec. 633. Crediting of reserve service of enlisted members for
computation of retired pay.
Sec. 634. Minimum required reserve service for eligibility for retired
pay for nonregular service during force drawdown period.
Sec. 635. SBP premiums for reserve-component child-only coverage.
Sec. 636. Discontinuation of insurable interest coverage under survivor
benefit plan.
Subtitle E--Other Matters
Sec. 641. Authority for survivors to receive payment for all leave
accrued by deceased members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Revision of definition of dependents to include young people
being adopted by members or former members.
Sec. 702. Treatment of certain dependents as children for purposes of
CHAMPUS, dependents' dental program, and continued health
benefits coverage.
Sec. 703. Authorization for medical and dental care of abused
dependents of certain members.
Sec. 704. Additional authorized health care service available through
military health care system.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
Sec. 711. Expanded use of partnership and resource sharing programs for
improved cost-effectiveness.
Sec. 712. Imposition of enrollment fees for managed care plans.
Sec. 713. Strengthening managed health care authorities.
Sec. 714. Delay in deadline for use of health maintenance organization
model as option for military health care.
Sec. 715. Limitation on reduction in number of reserve component
medical personnel.
Subtitle C--Other Matters
Sec. 721. Delay in closure of army hospital at Vicenza, Italy.
Sec. 722. Demonstration program for admission of civilians as physician
assistant students at Academy of Health Sciences, Fort
Sam Houston, Texas.
Sec. 723. Report on expanded use of nonavailability of health care
statements.
Sec. 724. Sense of Congress on continuity of health care services for
covered beneficiaries in certain areas affected by base
closures.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
Sec. 801. Procurement technical assistance programs.
Subtitle B--Acquisition Improvement
Part I--General Improvements
Sec. 811. Congressional defense procurement policy.
Sec. 812. Repeal of requirement relating to production special tooling
and production special test equipment.
Sec. 813. Repeal of vouchering procedures section.
Sec. 814. Clarification of provision relating to quality control of
certain spare parts.
Sec. 815. Contractor guarantees regarding weapon systems.
Part II--Major Systems Statutes
Sec. 821. Weapon development and procurement schedules.
Sec. 822. Selected Acquisition Report requirement.
Sec. 823. Unit cost report requirement.
Sec. 824. Requirement for independent cost estimates and manpower
estimates before development or production.
Sec. 825. Baseline description.
Sec. 826. Repeal of requirement for competitive prototyping in major
programs.
Sec. 827. Repeal of requirement for competitive alternative sources in
major programs.
Part III--Testing Statutes
Sec. 831. Authorization of less than full-up testing.
Sec. 832. Limitation on quantities to be procured for low-rate initial
production.
Sec. 833. Operational test and evaluation of defense acquisition
programs.
Part IV--Civil Reserve Air Fleet
Sec. 841. Definition of contractor.
Sec. 842. Consolidation of provisions relating to contractual
commitment of aircraft.
Sec. 843. Use of military installations by contractors.
Part V--Miscellaneous
Sec. 851. Extension to Department of Defense generally of provision
relating to manufacture at factories and arsenals.
Sec. 852. Regulations on procurement, production, warehousing, and
supply distribution functions.
Sec. 853. Repeal of requirements regarding product evaluation
activities.
Sec. 854. Codification and revision of limitation on lease of vessels,
aircraft, and vehicles.
Sec. 855. Repeal of application of Public Contracts Act to certain
naval vessel contracts.
Sec. 856. Consolidation of limitations on procurement of goods other
than American goods.
Sec. 857. Department of Defense acquisition of intellectual property
rights.
Sec. 858. Department of Defense review of antitrust cases with national
security implications.
Subtitle C--Other Matters
Sec. 871. Environmental consequence analysis of major defense
acquisition programs.
Sec. 872. Award of contracts and grants on the basis of competition.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT
Sec. 901. Revision of National Guard Bureau charter.
Sec. 902. Army Reserve Command.
Sec. 903. Assignment of reserve forces to combatant commands.
Sec. 904. Budget support for reserve elements of Special Operations
Command.
Sec. 905. Change of title of Comptroller of the Department of Defense
to Under Secretary of Defense (Comptroller).
Sec. 906. Reclarification of independent status of Director of
Operational Test and Evaluation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Date for submission of future-years mission budget.
Subtitle B--Contingency Operations
Sec. 1021. Funding for contingency operations.
Subtitle C--Other Matters
Sec. 1031. Annual report on denial, revocation, and suspension of
security clearances.
Sec. 1032. Commission on Roles and Missions of the Armed Forces.
Sec. 1033. Prohibition on authorization of payment of costs under
defense contracts for restructuring costs of a merger or
acquisition.
Sec. 1034. Transfer of certain B-17G aircraft.
Sec. 1035. USS Indianapolis (CA-35): gallantry, sacrifice and a
decisive mission to end WW II.
Sec. 1036. Sense of Congress concerning commendation of individuals
exposed to mustard agents during World War II testing
activities.
Sec. 1037. Sense of Congress concerning eligibility for Armed Forces
Expeditionary Medal based upon service in El Salvador.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
Sec. 1101. Short title.
Sec. 1102. Funding of defense conversion, reinvestment, and transition
assistance programs for fiscal year 1995.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
Sec. 1111. Funding of defense technology reinvestment programs for
fiscal year 1995.
Sec. 1112. Clarification of eligible non-Department of Defense
participants in technology reinvestment projects.
Sec. 1113. Additional criteria for loan guarantees under the defense
dual-use assistance extension program.
Sec. 1114. Financial commitment requirements for small business
concerns for participation in technology reinvestment
projects.
Sec. 1115. Conditions on funding of defense technology reinvestment
projects.
Subtitle B--Community Adjustment and Assistance Programs
Sec. 1121. Funds for adjustment and diversification assistance for
States and local governments from Office of Economic
Adjustment.
Sec. 1122. Studies and plans for market diversification.
Sec. 1123. Advance community adjustment and economic diversification
planning.
Subtitle C--Personnel Adjustment, Education, and Training Programs
Sec. 1131. Continuation of teacher and teacher's aide placement
programs.
Sec. 1132. Programs to place separated members and terminated defense
employees in employment positions as public safety
officers.
Sec. 1133. Pilot program to place separated members and terminated
defense employees in teaching positions as bilingual math
and science teachers.
Sec. 1134. Demonstration project to assist separated members and
terminated defense workers to become business owners.
Sec. 1135. Demonstration project to promote ship recycling as a method
to assist separated members and terminated defense
workers.
Subtitle D--ARMS Initiative
Sec. 1141. Extension of Armament Retooling and Manufacturing Support
Initiative.
Subtitle E--Other Matters
Sec. 1151. Changes in notice requirements upon pending or actual
termination of defense programs.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authorization of military construction project at Fort
Bragg, North Carolina, for which funds have been
appropriated.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Restoration of authority to carry out military construction
project at Naval Supply Center, Pensacola, Florida.
Sec. 2206. Design activities for upgrade of Mayport Naval Station,
Florida.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Revision of family housing project at Tyndall Air Force
Base, Florida.
Sec. 2306. Authorization of military construction projects at Tyndall
Air Force Base, Florida, for which funds have been
appropriated.
Sec. 2307. Modification of Air Force Plant No. 3.
Sec. 2308. Repeal of limitation on order of retirement of Minuteman II
missiles.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvement to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Community impact assistance with regard to Naval Weapons
Station, Charleston, South Carolina.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Prohibition on using funds for unauthorized Guard and
Reserve projects.
Sec. 2603. Authorization of projects for which funds have been
appropriated.
Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1991
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Strengthening monetary limitation on renovation of
facilities.
Sec. 2802. Navy housing investment agreements.
Sec. 2803. Navy Housing Investment Board.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Prohibition against consideration in base closure process of
advance economic planning undertaken by communities
adjacent to military installations.
Sec. 2812. Repayment of State and local costs incurred in connection
with establishment of certain military installations
selected for closure.
Sec. 2813. Limitation on sources of funds available to implement base
closures and realignments.
Sec. 2814. Prohibition on transfer of certain property located at
military installations to be closed pending completion of
redevelopment plans.
Sec. 2815. Report of effect of base closures on future mobilization
options.
Subtitle C--Changes to Existing Land Conveyance Authority
Sec. 2821. Additional lessee of property at Naval Supply Center,
Oakland, California.
Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military
Reservation, Virginia.
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, New York, as nature preserve.
Sec. 2824. Release of reversionary interest retained as part of
conveyance of electricity distribution system, Fort Dix,
New Jersey.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City
(Westover), New York.
Sec. 2833. Land conveyance, Radar Bomb Scoring Site, Dickinson, North
Dakota.
Sec. 2834. Land conveyance, Army Reserve Facility, Rio Vista,
California.
Sec. 2835. Land conveyance, Naval Weapons Industrial Reserve Plant,
Calverton, New York.
Sec. 2836. Lease of property, Naval Radio Receiving Facility, Imperial
Beach, Coronado, California.
Sec. 2837. Release of requirements and reversionary interest on certain
property in Baltimore, Maryland.
Sec. 2838. Release of reversionary interest on certain property in York
County, James City County, and Newport News, Virginia.
Subtitle E--Other Matters
Sec. 2851. Authority for Oxnard Harbor District, Port Hueneme,
California, to use certain navy property.
Sec. 2852. Environmental education and training program for defense
personnel.
Sec. 2853. Repeal of restriction on land transactions relating to
Presidio of San Francisco, California.
Sec. 2854. Report on use of military installations in Okinawa.
Sec. 2855. Study of height restriction and avigation requirements
surrounding Eglin Air Force Base, Florida.
Sec. 2856. Continued operation of military medical treatment facility
at K. I. Sawyer Air Force Base, Michigan.
Sec. 2857. Technical amendment to correct reference in land
transaction.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement of conceptual design for request of construction
funds.
Sec. 3127. Authority for emergency planning, design, and construction
activities.
Sec. 3128. Funds available for all national security programs of the
Department of Energy.
Sec. 3129. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Worker protection at nuclear weapons facilities.
Sec. 3136. Worker health and protection.
Sec. 3137. Limitation on use of program direction funds.
Sec. 3138. Limitation on use of funds for new construction projects.
Sec. 3139. Limitation on use of funds for special access programs.
Sec. 3140. Prohibition on prefinancing.
Subtitle D--Other Matters
Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the
Nevada Test Site, Nevada.
Sec. 3154. Report on waste streams generated by nuclear weapons
production cycle.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Conditions on authority to dispose of certain strategic and
critical materials.
Sec. 3302. Rejection of change in stockpiling principles.
Sec. 3303. Limitations on the disposal of chromite and manganese ores.
Sec. 3304. Conditional prohibition on proposed disposal of zinc from
National Defense Stockpile.
Sec. 3305. Special program for conversion of low carbon ferro chromium
to high purity electrolytic chromium metal.
TITLE XXXIV--CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act.
TITLE XXXV--NAVAL PETROLEUM RESERVES
Sec. 3501. Authorization of appropriations.
Sec. 3502. Price requirement on sale of certain petroleum during fiscal
year 1995.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means the Committees on Armed Services and the
Committees on Appropriations of the Senate and House of
Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Army as follows:
(1) For aircraft, $1,301,452,000.
(2) For missiles, $685,136,000.
(3) For weapons and tracked combat vehicles, $942,886,000.
(4) For ammunition, $854,833,000.
(5) For other procurement, $2,651,233,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1995 for procurement for the Navy as follows:
(1) For aircraft, $4,588,007,000.
(2) For weapons, including missiles and torpedoes,
$2,223,246,000.
(3) For shipbuilding and conversion, $6,869,897,000.
(4) For other procurement, $3,241,611,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1995 for procurement for the
Marine Corps in the amount of $528,352,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Air Force as follows:
(1) For aircraft, $6,101,767,000.
(2) For weapons including missiles, $3,953,232,000.
(3) For other procurement, $6,855,423,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for defense-wide procurement in the amount of
$2,066,694,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement for the Inspector General of the
Department of Defense in the amount of $1,000,000.
SEC. 106. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for procurement of aircraft, vehicles,
communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $262,000,000.
(2) For the Air National Guard, $176,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $183,000,000.
(5) For the Air Force Reserve, $68,900,000.
(6) For the Marine Corps Reserve, $47,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) Authorization.--There is hereby authorized to be
appropriated for fiscal year 1995 the amount of $670,349,000
for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare material of the
United States that is not covered by section 1412 of such
Act.
(b) Allocation.--Of the funds specified in subsection (a)--
(1) $365,084,000 is for operations and maintenance;
(2) $284,465,000 is for procurement; and
(3) $20,800,000 is for research and development efforts in
support of the nonstockpile chemical weapons program.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
Sections 132 and 133 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189) are
repealed.
Subtitle C--Navy Programs
SEC. 121. TERMINATION OF NAVY F-14A/B UPGRADE PROGRAM.
(a) Termination.--The Secretary of Defense shall terminate
the F-14A/B aircraft upgrade program.
(b) Limitation on Funds.--None of the funds appropriated or
otherwise made available to the Department of Defense for
procurement for fiscal year 1995 or a later fiscal year may
be obligated for the F-14A/B aircraft upgrade program.
SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYSTEMS FOR
TRIDENT II MISSILES.
No funds authorized to be appropriated for fiscal year 1995
for Mark 6 guidance systems for Trident II (D-5) missiles may
be obligated until the Secretary of Defense certifies to the
congressional defense committees that, based upon a review by
the Secretary of the readiness, testing, spares, and
logistics requirements for the guidance system, the inventory
objective of 562 units of the guidance system is required to
support the inventory objective for Trident II (D-5)
missiles.
SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.
The Secretary of the Navy may not modify any Trident I
submarine to enable that submarine to be deployed with
Trident II (D-5) missiles.
SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT
PROGRAM.
Section 1424(b) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 7291 note) is amended--
(1) by inserting ``or converted'' after ``constructed''
each place it appears; and
(2) by inserting ``or conversion'' after ``construction''
each place it appears.
Subtitle D--Air Force Programs
SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.
(a) Authorization.--Of the amount provided in section 103
for procurement of aircraft for the Air Force--
(1) $550,000,000 shall be available for Non-Developmental
Alternative Aircraft procurement; and
(2) $1,856,402,000 shall be available for the C-17 aircraft
program, of which--
(A) $1,802,819,000 is for procurement of four C-17
aircraft;
(B) $47,475,000 is for advance procurement of four C-17
aircraft for fiscal year 1996; and
(C) $6,108,000 is for C-17 modifications.
(b) Requirement for Competition.--The Secretary of Defense
shall use competitive procedures in selecting a source for
the aircraft to be procured as Non-Developmental Alternative
Aircraft under subsection (a).
(c) Notice to Congress.--Funds described in subsection (a)
may not be obligated for procurement under subsection (a)
until 60 days after the date which the Secretary of Defense
submits to the congressional defense committees a report
describing the Secretary's plan for the obligation of those
funds.
(d) Preservation of Intertheater Airlift Capacity.--In
acquiring aircraft under subsection (a), the Secretary of
Defense shall structure the acquisition of those aircraft so
as to preserve the aggregate intertheater airlift capacity of
the Air Force (measured in millions of ton-miles per day) as
of the date of the enactment of this Act.
SEC. 132. B-2 BOMBER PROGRAM COST LIMITATION.
In determining the expenditures to be applied against the
total program cost limitation of $28,968,000,000 (in fiscal
year 1981 constant dollars) specified by law for the B-2
bomber program, expenditures by the Department of Defense
associated with preserving the industrial facilities used to
produce that aircraft shall be included in that total program
cost.
SEC. 133. BOMBER FORCE UPGRADE PROGRAM.
(a) Heavy Bomber Force Upgrade Fund.--From funds authorized
by section 104 for defense-wide procurement activities,
$100,000,000 shall be for a heavy bomber force upgrade fund.
The Secretary of Defense may obligate amounts in the fund
for--
(1) long-range heavy bombers that would otherwise become
attrition reserve aircraft;
(2) accelerating conventional mission upgrades for the B-1
bomber; or
(3) a combination of expenditures under paragraphs (1) and
(2).
(b) Notice to Congress.--Funds described in subsection (a)
may not be obligated until 30 days after the date on which
the Secretary of Defense submits to the congressional defense
committees notice of the Secretary's proposed expenditures
from that fund for the purposes specified in subsection (a).
Subtitle E--Defense-Wide Activities
SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.
(a) Risk Mitigation Fund.--From funds authorized by section
104 for defense-wide procurement, $300,000,000 shall be for a
satellite early-warning assurance fund. The Secretary of
Defense may obligate amounts in the fund for--
(1) continued procurement of Defense Support Program (DSP)
satellite number 24;
(2) accelerated development of the Alert, Locate, and
Report Missiles (ALARM) satellite program leading to launch
of the first satellite under that program no later than the
first quarter of 2002;
(3) development of the Brilliant Eyes satellite sensor
system;
(4) acquisition of up to three additional interim theater
missile sensors; or
(5) a combination of expenditures under paragraphs (1),
(2), (3), and (4).
(b) Notice to Congress.--Funds described in subsection (a)
may not be obligated until after the date on which the
Secretary of Defense submits to the congressional defense
committees notice of the Secretary's proposed expenditures
from that fund for the purposes specified in subsection (a).
Subtitle F--National Defense Sealift Fund
SEC. 161. PROHIBITION OF TRANSFER OF FISCAL YEAR 1994 FUNDS
TO CVN-76 CONSTRUCTION.
None of the fiscal year 1994 unauthorized sealift
appropriation (as defined in section 164) may be transferred
(pursuant to the provisions of an Act making appropriations
for a fiscal year after fiscal year 1994 or to authority
provided under such an Act) to funds appropriated for fiscal
year 1994 or a later fiscal year for Shipbuilding and
Conversion, Navy, to be available for CVN-76 construction.
SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT FUND
PROGRAM.
(a) Use of Fiscal Year 1994 Unauthorized Sealift
Appropriation.--From the fiscal year 1994 unauthorized
sealift appropriation (as defined in section 164), the amount
of $608,600,000 shall, to the extent provided in
appropriations Acts making appropriations for a fiscal year
after fiscal year 1994, be available for fiscal year 1995
programs to be carried out through the National Defense
Sealift Fund, of which--
(1) $546,400,000 is for the execution of new ship
construction contract options for construction of two
prepositioning surge ships;
(2) $43,000,000 is for procurement and installation of
national defense sealift features on privately owned, United
States documented commercial roll-on/roll-off vessels that
are constructed after the date of the enactment of this Act
by a shipyard located in the United States; and
(3) $19,200,000 is for research and development of
strategic sealift technology.
(b) Denial of Authorization of Appropriations for Fiscal
Year 1995.--No funds are authorized to be appropriated to the
National Defense Sealift Fund for fiscal year 1995.
SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III ACCOUNT.
From the fiscal year 1994 unauthorized sealift
appropriation (as defined in section 164), the amount of
$591,400,000 shall, to the extent provided in appropriations
Acts, be transferred to, and deposited in, the account ``Base
Realignment and Closure Account, Part III'', to be available
for the same purposes, and subject to the same limitations,
as other funds in that account.
SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT APPROPRIATION
DEFINED.
For purposes of this subtitle, the term ``fiscal year 1994
unauthorized sealift appropriation'' means $1,200,000,000 of
the amount appropriated for fiscal year 1994 to the National
Defense Sealift Fund (in title V of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139; 107 Stat.
1435)).
Subtitle G--Other Matters
SEC. 171. TRANSFER OF USNS MAURY.
(a) In General.--The Secretary of the Navy shall transfer
the USNS Maury (TAGS-39) to the Department of Transportation
for assignment as a training ship to the California Maritime
Academy at Vallejo, California. The transfer shall be made on
the date of the decommissioning of that vessel.
(b) Terms and Conditions.--(1) In carrying out subsection
(a), the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of
the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States.
(2) The Secretary may require such additional terms and
conditions in connection with the transfer authorized by this
section as the Secretary considers appropriate.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army $5,425,303,000.
(2) For the Navy, $8,913,963,000.
(3) For the Air Force, $12,318,766,000.
(4) For Defense-wide activities, $9,325,708,000, of which--
(A) $254,995,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $12,501,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY
DEVELOPMENT.
(a) Fiscal Year 1995.--Of the amounts authorized to be
appropriated by section 201, $4,288,064,000 shall be
available for basic research and exploratory development
projects.
(b) Basic Research and Exploratory Development Defined.--
For purposes of this section, the term ``basic research and
exploratory development'' means work funded in program
elements for defense research and development under
Department of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Policy.--(1) It is in the Nation's long-term national
security and economic interests to regain preeminence in the
area of space launch technology and operations.
(2) Access to space at affordable costs is fundamental to
maintaining required command, control, communications,
intelligence, navigation, weather, and early warning support
to United States and coalition forces.
(3) Encouragement of privately financed, cost effective
expendable and reusable launch vehicles is in the economic
interest of the Department of Defense and the United States
Government.
(b) Required Actions.--The Secretary of Defense shall take
the following actions in pursuance of the space launch
modernization policy set forth in subsection (a):
(1) Begin and complete a program to replace or consolidate
the current fleet of medium and heavy expendable launch
vehicles with new or upgraded expendable launch vehicles or
with a combination of expendable and reusable launch
vehicles. The Secretary shall initiate flight tests of new or
upgraded expendable launch vehicles and of reusable launch
vehicles not later than 1998 to achieve an initial launch
capability for selected replacement vehicles not later than
July 1, 2002. The program shall include a fly-before-buy
acquisition strategy with both advanced concept technology
demonstrations of expendable launch vehicles and advanced
technology demonstrations of reusable launch vehicles.
(2) For purposes of paragraph (1), initiate a competitive
Advanced Concept Technology Demonstration program to achieve
a cost reduction over current medium and heavy expendable
launch vehicles of at least 15 percent in flyaway cost per
pound (in fiscal year 1994 dollars) and at least 25 percent
reduction in launch operations costs per launch (in fiscal
year 1994 dollars).
(3) Encourage and evaluate innovative acquisition,
technical, and financing (including best commercial
practices) solutions for providing affordable, operable,
reliable, and responsive access to space.
(4) Centralize oversight of launch requirements of the
Department of Defense and other users to preclude inflated
requirements from escalating current and future launch costs.
(5) Encourage and provide incentives for the use of
commercial practices in the acquisition, operation, and
support of Department of Defense space operations.
(6) Establish effective suitable coordination among
military, civilian, and commercial launch developers and
users.
(c) Allocation of Funds.--Of the amount authorized to be
appropriated in section 201(3), $200,000,000 shall be
available for research, development, test, and evaluation of
non-man-rated space launch systems and technologies. Of that
amount--
(1) $100,000,000 shall be available only for a competitive
reusable rocket technology demonstration program, including--
(A) use of at least 90 percent of such amount for
development and flight testing of one or more technology
demonstration vehicles, and
(B) further development of reusable rocket technologies;
and
(2) $100,000,000 shall be available only for an Advanced
Concept Technology Demonstration program for expendable
launch vehicles, including--
(A) competitive development and flight testing of advanced
concept technology demonstration vehicles, and
(B) further development of enhanced technologies related to
expendable launch vehicles, including Russian rocket
propulsion technology.
(d) Limitations.--(1) Not more than 2 percent of the funds
made available by subsection (c) may be used for direct and
indirect Department of Defense-related program office,
contractor support, and management overhead costs.
(2) Program office staff may not exceed 10 individuals,
including contractor support.
(3) None of the funds authorized in this section may be
released or otherwise transferred for execution or obligation
to any Government department, agency, or organization outside
the Department of Defense.
SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY
DEMONSTRATION.
(a) In General.--(1) Of the amounts authorized to be
appropriated pursuant to section 201, up to $2,000,000 of the
amount for the Navy and up to $2,000,000 of the amount for
the Air Force shall be used for the conduct of a
demonstration of nondevelopmental technology that would
enable the use of a single adaptor kit for munitions
described in paragraph (2) in order to give those munitions a
standoff and near-precision guided capability. Such amounts
shall be obligated not later than nine months after the date
of the enactment of this Act.
(2) Paragraph (1) applies to guided and unguided in-
inventory munitions of the class of 1,000 pounds and below.
(b) Report.--The Secretary of the Defense shall submit to
the congressional defense committees a report setting forth
in detail the results and costs of the demonstration and the
applicability of the technology demonstrated in providing the
Armed Forces with an inexpensive solution to providing both
range extension and near-precision guided capability to in-
inventory munitions.
SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED
ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN
SPACE.
The Secretary of Defense may not carry out a test of the
Mid-Infrared Advanced Chemical Laser (MIRACL) transmitter and
associated optics against an object in space during fiscal
year 1995 unless such testing is specifically authorized by
law.
SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COMBAT SYSTEMS
TESTING REQUIREMENTS.
(a) Covered Systems.--Subsection (a) of section 220 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1589) is amended--
(1) by inserting ``ACAT I level integrated or stand-alone''
before ``electronic combat system''; and
(2) by inserting ``ACAT I level integrated or stand-alone''
before ``command, control, and communications countermeasure
system''.
(b) Applicability.--Subsection (e) of section 220 of such
Act is amended to read as follows:
``(e) Applicability.--The provisions of subsections (a) and
(b) shall apply to an ACAT I level integrated or stand-alone
electronic combat system and to an ACAT I level integrated or
stand-alone command, control, and communications
countermeasure system regardless of whether development of
the electronic combat system or the command, control, and
communications countermeasure system, as the case may be,
began before, on, or after the date of the enactment of this
Act.''.
SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.
(a) Subject to subsection (b), the Secretary of the Navy
shall, not later than September 30, 1994, obligate funds
appropriated to the Department of Defense for fiscal year
1994 and prior years to carry out logistics support,
maintenance, and integration of existing Advanced Self
Protection Jammer systems from the Navy inventory into the F-
14D aircraft for testing and evaluation. The Secretary may
acquire sufficient racks, spares, and logistic support,
including hardware and software, necessary to maintain the
existing ASPJ systems in the Navy inventory.
(b) The Secretary of the Navy may obligate funds under
subsection (a) only to the extent provided in appropriations
Acts.
(c) The Secretary of the Navy shall carry out subsection
(a) notwithstanding section 122 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2334).
SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.
(a) Purpose.--The purpose of the Advanced Lithography
Program (hereinafter in this section referred to as the
``ALP'') is to fund goal-oriented research and development to
be conducted in both the public and private sectors to help
achieve a competitive position for American lithography tool
manufacturers in the international market place.
(b) Conduct of Program.--(1) The program shall be conducted
in accordance with research and development plans (including
an interim plan) developed by the Semiconductor Technology
Council, established in section 273 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603) (as amended by section 263 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1608)).
(2) The interim plan referred to in paragraph (1) shall be
the Semiconductor Industry Association (SIA) 1994 development
plan for lithography.
(c) Program Management.--The Advanced Research Projects
Agency (ARPA) shall be the executive agent for the ALP and
shall ensure seamless program planning of the ALP into the
full range of ARPA core electronics development programs.
(d) Funding.--Of the funds authorized to be appropriated in
section 201, $100,000,000 shall be available for the advanced
lithography program. Of that amount--
(1) $75,000,000 shall be available to conduct research and
development activities in accordance with subsection (b); and
(2) $25,000,000 shall be available to procure advanced
American-manufactured lithography tools for evaluation at
Government-owned or Government-sponsored research facilities
engaged in advanced lithography.
(e) Requirements.--Not later than January 1, 1995--
(1) the President shall appoint to the Semiconductor
Technology Council, referred to in subsection (a), the
members listed in section 273(c) of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603);
(2) the Under Secretary of Defense for Acquisition and
Technology, in his capacity as Cochairman of the Council,
shall call a meeting of the Council for the purpose of
developing a national strategy for lithography;
(3) the Council shall issue a Department of Defense
instruction for the operation of the Council; and
(4) the Council shall develop and submit to the Secretary
of Defense a plan for achieving the national strategy for
lithography.
(f) Restriction.--After January 1, 1995, no funds may be
obligated by the Department of Defense for the High
Performance Computing Program (PE 602301E), Sematech (PE
603745E), or Warbreaker (PE 603226E; Project EE40) unless the
events listed in subsection (e) have occurred.
SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Authority.--A Federally Funded Research and Development
Center (FFRDC) of the Department of Defense that functions
primarily as a research laboratory may respond to
solicitations and announcements under programs authorized by
the Federal Government for the purpose of promoting the
development and transfer of dual-use technology to the United
States industrial sector if such FFRDC meets the following
conditions:
(1) The FFRDC is a collaborating member of a United States
industry-led team.
(2) The nature of such collaboration is that of a
precompetitive research and technology development effort.
(b) Use of Cooperative Agreements.--An FFRDC described in
subsection (a) that responds to a solicitation or
announcement described in such subsection shall not be
considered to be engaging in a competitive procedure and may
use a cooperative research and development agreement (as
defined in section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)) or other
cooperative agreement as the instrument of participation in
the solicitation or announcement.
SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
(a) In General.--(1) The Secretary, through the Director of
Defense Research and Engineering, shall operate a Defense
Experimental Program to Stimulate Competitive Research
(hereinafter in this section referred to as ``DEPSCoR'') as
part of the university research programs of the Department of
Defense.
(2) The objectives of DEPSCoR shall be--
(A) to enhance the competitiveness within the peer-review
system of investigators from academic institutions in
eligible States; and
(B) to increase the probability of long-term growth of
competitive funding to investigators at institutions from
eligible States.
(3) In order to carry out the objectives stated in
paragraph (2), DEPSCoR shall provide for activities which may
include competitive research awards, research infrastructure
support, and graduate traineeships.
(4) DEPSCoR shall assist those States that--
(A) historically have received relatively little Federal
research and development funding; and
(B) have demonstrated a commitment to develop their
research bases and improve science and engineering research
and education programs at their universities and colleges.
(b) Definition.--The term ``eligible States'' means States
that have been designated by the Director of the National
Science Foundation as eligible to participate in the
Experimental Program to Stimulate Competitive Research.
(c) Coordination.--The Secretary shall consult with the
Director of the National Science Foundation and the Director
of the Office of Science and Technology Policy in the
planning, development, and execution of DEPSCoR and shall
coordinate the Department's program with similar programs
sponsored by other Federal agencies. All solicitations shall
be made to, and all awards shall be made through, the State
committees established by the National Science Foundation for
the purpose of administering the Experimental Program to
Stimulate Competitive Research. The State committees shall
ensure that the DEPSCoR program is coordinated with other
Federal Experimental Program to Stimulate Competitive
Research initiatives in their respective States.
SEC. 219. DIGITAL BATTLEFIELD PROGRAM.
(a) Establishment of Program.--The Secretary of the Army
shall establish a Digital Battlefield program to provide
enhancements required to field components for a digitalized
battlefield by 1996. These enhancements shall include
electronics, second-generation forward-looking infrared
technology, and communications for major platforms and
development of applique packages for platforms without
embedded digital systems.
(b) Funding.--Of the amounts authorized to be appropriated
pursuant to section 201, $50,000,000 shall be available for
fiscal year 1995 for the digital battlefield program (PE
203758A).
(c) Program Limitation.--None of the funds appropriated
pursuant to section 201 for the digital battlefield program
(PE 203758A) for the Army for fiscal year 1995 may be
obligated for research and development activities for
development or integration of such program until the
Secretary of the Army--
(1) establishes, and programs funds for, a research and
development program to enhance the processing and memory
capability of the electronic systems on the Abrams tank to
make the M1/M1A2 Abrams tank compatible and interoperable
with the digital battlefield, when placed into service;
(2) restructures the M1 Abrams tank upgrade program to
incorporate the enhancements produced by the research and
development program established under paragraph (1);
(3) transmits to the congressional defense committees a
report providing notice of the restructured M1A2 program
under paragraph (2) and a description of the program;
(4) coordinates with the Secretary of the Navy to include
the Marine Corps in the Army's plans for the digital
battlefield; and
(5) transmits to the congressional defense committees a
report describing--
(A) the Army's plan of actions and milestones for defining
the overall system architecture for the digital battlefield,
the standards and protocols for the digital battlefield, and
resulting requirements;
(B) how those requirements affect or will affect the major
platforms that will make up the digital battlefield; and
(C) the manner in which coordination with the Secretary of
the Navy under paragraph (4) is being carried out.
SEC. 220. MOBILE OFF-SHORE BASE AND LANDING SHIP QUAY
CAUSEWAY PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The concepts of the sea-going Mobile Off-Shore Base and
the related Landing Ship Quay Causeway could result in
significant improvements in the capability for the Armed
Forces to respond to crises in those areas where land bases
are not available for use by those forces.
(2) The potential development and acquisition costs of the
Mobile Off-Shore Base and the Landing Ship Quay Causeway are
such that any program for development of the Mobile Off-Shore
Base or the Landing Ship Quay Causeway should be designated
as a major defense acquisition program.
(b) Limitation.--No funds are authorized for fiscal year
1995 for research and development for a Mobile Off-Shore Base
or a Landing Ship Quay Causeway program. The Secretary of
Defense may not develop or acquire a Mobile Off-Shore Base or
a Landing Ship Quay Causeway until both of the following
occur:
(1) The military requirement for a Mobile Off-Shore Base
and a Landing Ship Quay Causeway, as reflected in operational
requirements documents, is approved by the Joint Requirements
Oversight Council.
(2) The Secretary of Defense certifies to the congressional
defense committees that--
(A) there is a validated requirement for the Mobile Off-
Shore Base or the Landing Ship Quay Causeway; and
(B) the acquisition plan and program to fulfill the
requirement are established and are funded to the end of the
current future-years defense program submitted pursuant to
section 221 of title 10, United States Code.
Subtitle C--Missile Defense Programs
SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION BUDGET
PRESENTATION.
In the budget of the President for any fiscal year, amounts
requested for the Ballistic Missile Defense Organization
shall be set forth showing the amounts requested for each
individual program, project, and activity of that
organization as well as the total amount requested for the
organization.
SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.
(a) Naval Theater Missile Defense.--Of the amount provided
for the Ballistic Missile Defense Organization under section
201 for Theater Missile Defense, not less than $40,000,000
shall be available to support the aggressive exploration of
the Navy Upper Tier Program for Naval Theater Missile
Defense.
(b) Accelerated Advanced Concept Technology Demonstration
Program.--The Secretary of Defense, acting through the
Director of the Ballistic Missile Defense Organization, shall
initiate during fiscal year 1995 an accelerated Advanced
Concept Technology Demonstration Program to demonstrate the
technical feasibility of using the Navy's Block IV Standard
Missile combined with a kick stage rocket motor and the
lightweight Exoatmospheric Projectile (LEAP) as a near-term
option for cost-effective wide-area Theater Missile Defense.
(c) Theater Missile Defense Program Priorities.--(1) The
Secretary of Defense, acting through the Director of the
Ballistic Missile Defense Organization, shall establish as
the first priority of the Theater Missile Defense Program the
deployment of--
(A) a layered land-based Theater Missile Defense capability
consisting of the Patriot Advanced Capability (PAC-3) system
and the Theater High-Altitude Area Defense (THAAD) system;
and
(B) a layered sea-based Theater Missile Defense capability
consisting of the Navy Lower Tier theater missile defense
program and the Navy Upper Tier theater missile defense
program.
(2) Each program referred to in paragraph (1) shall be
treated by the Department of Defense as a major acquisition
program for funding purposes for fiscal years 1995 through
1999, as prescribed in the October 1993 report of the
Secretary of Defense entitled ``Report on the Bottom Up
Review'' and in Defense Planning Guidance.
SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION ACTIVITIES.
(a) In General.--Of the amount provided in section 201 for
Defense-Wide Activities, $210,000,000 is for theater missile
defense risk reduction activities of the Ballistic Missile
Defense Organization. None of such amount may be obligated
for a program specified in subsection (b) until 30 days after
the date on which the Secretary of Defense submits to the
congressional defense committees notice of the Secretary's
plans to obligate funds for such program.
(b) Programs.--The programs referred to in subsection (a)
are the following:
(1) The Extended-Range Interceptor (ERINT) program.
(2) The Multi-Mode Missile.
(3) Sea-based lower tier systems.
(4) Sea-based upper tier systems.
SEC. 234. MILITARY SATELLITE COMMUNICATIONS.
(a) MILSTAR Limitation.--Of the amount authorized in
section 201 for the MILSTAR satellite communications program,
$50,000,000 may not be obligated until a report setting forth
the plan described in subsection (b) has been received by the
congressional defense committees.
(b) Military Communications Master Plan.--The Secretary of
Defense shall develop a military communications master plan
that addresses--
(1) the projected military communications requirements of
the Department of Defense;
(2) alternate and innovative ways of meeting those
requirements (including greater reliance on the commercial
sector); and
(3) methods to ensure that those elements of the Department
of Defense that create the demand for such communications
services are required to have an important role in paying for
the provision of those services.
SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.
(a) Limitation.--The Secretary of Defense may not conduct a
flight test program of theater missile defense interceptors
and sensors if an anticipated result of the launch of a
missile under that test program would be release of debris in
a land area of the United States outside a designated
Department of Defense test range.
(b) Definition of Debris.--For purposes of subsection (a),
the term ``debris'' does not include particulate matter that
is regulated for considerations of air quality.
(c) Certain Testing Unaffected.--Nothing in this section
shall be construed as prohibiting or limiting testing of
cruise missiles, unmanned aerial vehicles (UAVs), or
precision-guided munitions.
Subtitle D--Women's Health Research
SEC. 241. DEFENSE WOMEN'S HEALTH RESEARCH PROGRAM.
(a) Continuation of the Program.--The Secretary of Defense
shall continue the Defense Women's Health Research Program
(hereinafter in this section referred to as the ``Program'')
established in fiscal year 1994 pursuant to the authority in
section 251 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1606). The
Program shall continue under an Army executive agency or
agent and shall serve as the coordinating agent for
multidisciplinary and multi-institutional research within the
Department of Defense on women's health issues related to
service in the Armed Forces. The Program also shall
coordinate with research supported by the Department of
Health and Human Services and other agencies that is aimed at
improving the health of women.
(b) Implementation Plan.--If the Secretary of Defense
intends to change the plan for the implementation of the
Program previously submitted to the Committees on Armed
Services of the Senate and House of Representatives, the
amended plan shall be submitted to such committees before
implementation.
(c) Program Activities.--The Program shall support health
research into matters relating to the service of women in the
military, including the following matters:
(1) Epidemiologic research, including health care needs of
deployed women, patterns of illness and injury, environmental
and occupational hazards, side-effects of pharmaceuticals and
biologicals, and psychological stress associated with
military training, deployment, traumatic incidents, and other
military life conditions.
(2) Data base development designed to facilitate long-term
research studies of women's health issues, and continued
development and support of a military women's health
information clearinghouse to serve as an information resource
for clinical, research, and policy issues affecting women in
the Armed Forces.
(3) Policies and standards issues, including research
supporting development of military standards related to
training, operations, deployment, and retention and their
relationship to factors affecting women's health.
(4) Research emphasizing interventions that have a
potential for affecting health issues associated with women's
military service.
(d) Funding.--Of the amount authorized to be appropriated
pursuant to section 201, $40,000,000 shall be available for
the Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance in amounts as follows:
(1) For the Army, $17,362,741,000.
(2) For the Navy, $20,110,196,000.
(3) For the Marine Corps, $1,997,095,000.
(4) For the Air Force, $18,733,458,000.
(5) For Defense-wide activities, $9,513,523,000.
(6) For the Army Reserve, $1,255,057,000.
(7) For the Naval Reserve, $827,819,000.
(8) For the Marine Corps Reserve, $81,462,000.
(9) For the Air Force Reserve, $1,481,332,000.
(10) For the Army National Guard, $2,448,615,000.
(11) For the Air National Guard, $2,780,178,000.
(12) For the National Board for the Promotion of Rifle
Practice, $2,544,000.
(13) For the Defense Inspector General, $147,172,000.
(14) For the Court of Military Appeals, $6,152,000.
(15) For Environmental Restoration, Defense,
$2,655,200,000.
(16) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $714,200,000 (none of the funds of which may be
used to carry out section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note)).
(17) For Medical Programs, Defense, $9,613,331,000.
(18) For the National Contingency Operation Non-DBOF Costs
Fund, $300,000,000.
(19) For Department of Defense World War II 50th
Anniversary Program, $500,000.
SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for the
Defense Business Operations Fund in the amount of
$1,212,038,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1995 from the Armed Forces Retirement Home Trust Fund
the sum of $59,317,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR WORK.
(a) Increased Funding for Department of Defense Depot-Level
Activities.--Of amounts authorized to be appropriated for
fiscal year 1995 under section 301, the amount that shall be
available for the performance of depot-level maintenance and
repair work by depot-level activities of the Department of
Defense is the amount equal to the sum of--
(1) the total amount requested in the President's budget
for that fiscal year for the Department of Defense for the
performance of depot-level maintenance and repair work; and
(2) $600,000,000, of which--
(A) $300,000,000 shall be available for the Army;
(B) $100,000,000 shall be available for the Navy;
(C) $150,000,000 shall be available for the Air Force; and
(D) $50,000,000 shall be available for the Marine Corps.
(b) Decreased Funding for Contractors.--Of amounts
appropriated for fiscal year 1995 pursuant to section 301,
the amount that shall be available for the performance of
depot-level maintenance and repair work by non-Federal
Government personnel is not more than the amount equal to 40
percent of the total amount requested in the President's
budget for that fiscal year for the Department of Defense for
the performance of depot-level maintenance and repair work.
SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.
(a) Authority To Provide Support.--The Secretary of Defense
may provide logistical support and personnel services in
connection with the 1996 games of the XXVI Olympiad to be
held in Atlanta, Georgia.
(b) Pay and Nontravel-Related Allowances.--(1) Except as
provided in paragraph (2), the costs for pay and nontravel-
related allowances of members of the Armed Forces for the
support and services referred to in subsection (a) may not be
charged to appropriations made pursuant to the authorization
of appropriations in subsection (c).
(2) Paragraph (1) does not apply in the case of members of
a reserve component called or ordered to active duty to
provide logistical support and personnel services for the
games of the XXVI Olympiad.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $4,000,000 for the Department of Defense
for fiscal year 1995 to carry out subsection (a).
Subtitle B--Limitations
SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF CERTAIN
OPERATION AND MAINTENANCE FUNDS.
(a) Limitation on Transfer.--Section 116 of title 10,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following:
``(b) Reports on Transfers of Certain Funds.--(1) Each
report required by subsection (a) shall include a report on
the following:
``(A) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for the activities referred
to in paragraph (3) between appropriations during the
preceding fiscal year, including the reason for the transfer.
``(B) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for an activity referred to
in paragraph (3) within that appropriation for any other such
activity during the preceding fiscal year, including the
reason for the transfer.
``(2) On May 1 of each year, the Secretary of Defense shall
submit to the Congress a report on the following:
``(A) Each transfer during the first six months of the
fiscal year in which the report is submitted of amounts
provided in an appropriation Act to the Department of Defense
for the activities referred to in paragraph (3) between
appropriations, including the reason for the transfer.
``(B) Each transfer during the first six months of the
fiscal year in which the report is submitted of amounts
provided in an appropriation Act to the Department of Defense
for an activity referred to in paragraph (3) within that
appropriation for any other such activity, including the
reason for the transfer.
``(3) The activities referred to in paragraphs (1) and (2)
are the following:
``(A) Activities for which amounts are appropriated for the
Army for operations and maintenance for operating forces for
(i) combat units, (ii) tactical support, and (iii) force-
related training/special activities.
``(B) Activities for which amounts are appropriated for the
Navy for operations and maintenance for operating forces for
(i) mission and other flight operations, (ii) mission and
other ship operations, (iii) fleet air training, and (iv)
ship operational support and training.
``(C) Activities for which amounts are appropriated for the
Air Force for operations and maintenance for operating forces
for (i) primary combat forces, (ii) primary combat weapons,
(iii) global and early warning, and (iv) air operations
training.
``(c) Limitation.--The Secretary of Defense may not
transfer an amount that exceeds $20,000,000 of amounts
provided in an appropriation Act to the Department of Defense
for the activities referred to in subsection (b)(3) between
appropriations or within that appropriation for any other
such activity until--
``(1) the Congress is notified of the transfer; and
``(2) a period of 30 days elapses after such notification
is received.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 116. Operations and maintenance activities:
congressional oversight''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 2 of such title is
amended to read as follows:
``116. Operations and maintenance activities: congressional
oversight.''.
(c) Conforming Repeal.--Section 377 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1638) is repealed.
SEC. 312. LIMITATION ON RETENTION OF MORALE, WELFARE, AND
RECREATION FUNDS BY MILITARY INSTALLATIONS.
(a) Limitation.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2219. Retention of morale, welfare, and recreation
funds by military installations: limitation
``Amounts may not be retained in a nonappropriated morale,
welfare, and recreation account of a military installation of
a military department in excess of the amount necessary to
meet working capital requirements of that installation.
Amounts in excess of that amount shall be transferred to a
single, department-wide nonappropriated morale, welfare, and
recreation account of the military department.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2219. Retention of morale, welfare, and recreation funds by military
installations: limitation.''.
SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR
OPERATION OF ARMED FORCES RECREATION CENTER,
EUROPE.
No funds appropriated to the Department of Defense for any
fiscal year may be used to operate the Armed Forces
Recreation Center, Europe, except that such funds may be used
for the payment of utilities, emergency repairs, and
transportation of United States products for the Center.
SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR PROCUREMENT
OF SUBSISTENCE ITEMS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2332. Subsistence items: limitation on use of
specifications and restrictions in procurement of
``(a) Limitation.--Except as provided in subsection (b),
the Secretary of Defense may not use specifications or
restrictions in the procurement of subsistence items for use
at military installations.
``(b) Exception.--The Secretary of Defense may use
specifications and restrictions in the procurement of field
rations and shipboard rations (including tray packs and meals
ready-to-eat), except that any such specifications and
restrictions shall be developed consistent with the
preference of the Department of Defense for commercial
items.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2332. Subsistence items: limitation on use of specifications and
restrictions in procurement of.''.
Subtitle C--Depot-Level Activities
SEC. 321. FINDINGS.
The Congress finds the following:
(1) By providing the Armed Forces with a critical capacity
to respond to the needs of the Armed Forces for depot-level
maintenance and repair of weapon systems and equipment, the
depot-level maintenance and repair activities of the
Department of Defense play an essential role in maintaining
the readiness of the Armed Forces.
(2) The consolidation of entities within the defense
industry has jeopardized the capability of the defense
industry to perform maintenance and repair of weapon systems
and equipment.
(3) The defense industry maintains not less than 60 percent
of the total capability to perform maintenance and repair of
weapon systems and equipment.
(4) The capability of the depot-level maintenance and
repair activities of the Department of Defense to perform
maintenance and repair of weapon systems and equipment should
not be determined by policies established by the defense
industry.
(5) Reductions in the number of civilian employees of the
depot-level maintenance and repair activities of the
Department of Defense may account for approximately 80
percent of all reductions in the coming years in the number
of civilian employees of the Department.
(6) An increase from one fiscal year to the next in the
amount of funds available for the maintenance and repair of
weapon systems and equipment does not necessarily result in a
corresponding increase in the performance of such maintenance
and repair.
SEC. 322. MODIFICATION OF LIMITATION ON PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE.
(a) Modification.--Subsection (a) of section 2466 of title
10, United States Code, is amended to read as follows:
``(a) Percentage Limitation.--Not more than 40 percent of
the funds made available in a fiscal year to a military
department or a Defense Agency for depot-level maintenance
and repair workload may be used to contract for the
performance by non-Federal Government personnel of such
workload for the military department or the Defense Agency.
Any such funds that are not used for such a contract shall be
used for the performance of depot-level maintenance and
repair workload by employees of the Department of Defense.''.
(b) Inclusion of Repair Activities.--Subsection (b) of such
section is amended by inserting ``and repair'' after
``maintenance'' each place it appears.
(c) Computation of Percentage.--Such section is further
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Computation of Percentage.--In computing for purposes
of subsection (a) the percentage of funds referred to in that
subsection that are used to contract for the performance of
depot-level maintenance and repair workload by non-Federal
Government personnel, the Secretary of the military
department, or in the case of a Defense Agency, the Secretary
of Defense shall include in the computation any funds
provided for the performance by such personnel of the
following:
``(1) Interim contractor support.
``(2) Contract logistic support.
``(3) Maintenance and repair workload above the unit level.
``(4) The provision of materials and parts by a contractor
to a depot.''.
(d) Report.--Subsection (f) of such section, as
redesignated by subsection (c)(1), is amended to read as
follows:
``(f) Report.--Not later than January 15, 1995, the
Secretary of Defense shall submit to the Congress a report
describing the progress during the preceding fiscal year by
each military department and Defense Agency to achieve and
maintain the percentage of depot-level maintenance and repair
required to be performed by employees of the Department of
Defense pursuant to subsection (a).''.
SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL FOR NEW WEAPON SYSTEMS.
(a) Limitation.--Subsection (a) of section 2466 of title
10, United States Code, as amended by section 322 of this
Act, is amended--
(1) by inserting ``(1)'' before ``Not more than 40
percent''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned shall, within 5 years after
the initial delivery of a weapon system by a contractor to
the Department of Defense, provide for the performance by
employees of the Department of Defense of not less than 60
percent of the depot-level maintenance of the weapon
system.''.
(b) Effective Date.--The amendments made by this section
shall apply only with respect to a weapon system initially
delivered after the date of the enactment of this Act.
SEC. 324. AUDITS TO MONITOR COST GROWTH OF CONTRACTS TO
PERFORM DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) Requirement.--Chapter 146 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2470. Audits of cost growth in contracts to perform
depot-level maintenance and repair
``The Secretary of Defense shall audit contracts entered
into by the Department of Defense for the performance of
depot-level maintenance and repair to monitor the costs
incurred by the contractor to perform the contract. An audit
of a contract under this section shall be performed at least
once during the period in which the contract is performed and
shall take account of any costs incurred by the contract in
excess of the amount proposed by the contractor to perform
the contract or in excess of costs incurred by the contractor
during the previous year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2470. Audits of cost growth in contracts to perform depot-level
maintenance and repair.''.
SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPARTMENT OF
DEFENSE DEPOTS IN CERTAIN COST COMPARISONS.
Section 2467 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Requirement to Consider Costs of Closing Depots.--In
any comparison conducted by the Department of Defense of the
cost of performing depot-level maintenance and repair work by
non-Federal Government personnel and the cost of performing
such work by employees of the Department of Defense, the
Secretary of Defense shall, to the maximum extent
practicable, consider the estimated cost (including the cost
to perform any necessary environmental restoration of the
facility) that would be incurred if the Department of Defense
were required to close a Department of Defense defense depot-
level facility as a result of awarding the contract to non-
Federal Government personnel to perform such work.''.
SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE TO COMPETE FOR
MAINTENANCE AND REPAIR WORKLOADS OF OTHER
FEDERAL AGENCIES.
(a) In General.--Chapter 146 of title 10, United States
Code, as amended by section 324 of this Act, is further
amended by adding at the end the following new section:
``Sec. 2471. Depot-level activities of the Department of
Defense: authority to compete for maintenance and repair
workloads of other Federal agencies
``A depot-level activity of the Department of Defense shall
be eligible to compete for the performance of any depot-level
maintenance and repair workload of a Federal agency for which
competitive procedures are used to select the entity to
perform the workload.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2471. Depot-level activities of the Department of Defense: authority
to compete for maintenance and repair workloads of other
Federal agencies.''.
SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES OUTSIDE OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 146 of title 10, United States
Code, as amended by section 326 of this Act, is further
amended by adding at the end the following new section:
``Sec. 2472. Persons outside the Department of Defense: lease
of excess depot-level equipment and facilities by
``(a) Authority to Lease Excess Equipment and Facilities.--
Subject to subsection (b), the Secretary of a military
department and, with respect to a Defense Agency, the
Secretary of Defense, may lease excess equipment and
facilities of a depot-level activity of the military
department, or the Defense Agency, to a person outside the
Department of Defense for the performance of depot-level
maintenance and repair work by such person.
``(b) Limitations.--A lease under subsection (a) may be
entered into only if--
``(1) the lease of any such equipment or facilities will
not have a significant adverse effect on the readiness of the
armed forces, as determined by the Secretary concerned;
``(2) the person leasing such equipment or facilities
agrees to reimburse the Department of Defense for the costs
(both direct and indirect costs, including any rental costs,
as determined the Secretary concerned) attributable to the
lease of such equipment or facilities;
``(3) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States,
except in cases of willful conduct or extreme negligence,
from any claim for damages or injury to any person or
property arising out the lease of such equipment or
facilities; and
``(4) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States from
any liability or claim for damages or injury to any person or
property arising out of a decision by the Secretary concerned
to suspend or terminate the lease in times of war or national
emergency.
``(c) Credit to General Fund.--Any reimbursement received
under this section shall be credited to the General Fund of
the Treasury.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2472. Persons outside the Department of Defense: lease of excess
depot-level equipment and facilities by.''.
SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FACILITIES,
ACTIVITIES, AND EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
The Secretary of Defense shall maintain sufficient depot-
level activities and facilities of the Department of Defense
and a sufficient number of employees of the Department that
are assigned to the performance of depot-level maintenance
and repair to carry out this subtitle and the amendments made
by this subtitle.
SEC. 329. REUTILIZATION INITIATIVE FOR ARMY AND NAVY DEPOT-
LEVEL ACTIVITIES.
(a) Pilot Program Authorized.--During fiscal year 1995, the
Secretary of Defense shall carry out a pilot program to
encourage commercial firms to enter into partnerships with
depot-level activities of the Department of the Army and the
Department of the Navy for the purpose of--
(1) demonstrating commercial uses of such depot-level
activities that are related to the principal mission of such
depot-level activities;
(2) preserving employment and skills of employees currently
employed by such depot-level activities or providing for the
reemployment and retraining of employees who, as the result
of the closure, realignment, or reduced in-house workload of
such activities, may become unemployed; and
(3) supporting the goals of other defense conversion,
reinvestment, and transition assistance programs while also
allowing such depot-level activities to remain in operation
to continue to perform their defense readiness mission.
(b) Participants in Pilot Program.--The Secretary shall
designate not less than five depot-level activities of the
Department of the Army and the Department of the Navy to
participate in the pilot program under this section. Of these
depot-level activities, at least two shall be depot-level
activities of the Department of the Army and at least three
shall be depot-level activities of the Department of the
Navy.
(c) Conditions on Pilot Program.--In carrying out the pilot
program under this section, the Secretary shall ensure that
the program--
(1) does not interfere with the closure or realignment of a
depot-level activity of the Department of the Army or the
Department of the Navy under a base closure law; and
(2) does not adversely affect the readiness or primary
mission of a participating depot-level activity.
(d) Funding for Fiscal Year 1995.--Of the amounts
authorized to be appropriated under section 301, $100,000,000
shall be available only to carry out the pilot program under
this section.
Subtitle D--Defense Business Operations Fund
SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Extension of Authority.--Section 316(a) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 2208 note) is amended by striking out ``During the
period'' and all that follows through ``December 31, 1994,
the'' and inserting in lieu thereof ``The''.
(b) Limitation on Transfers.--Except as otherwise provided
in this Act, the Secretary of Defense may not transfer
amounts to or from the Defense Business Operations Fund from
or to any other account or source until after the expiration
of 30 days from the date on which the Secretary transmits to
the Congress a notification of the Secretary's intent to make
the transfer.
(c) Prohibition on Advance Charges.--(1) After September
30, 1995, the Secretary of Defense may not charge for goods
and services provided through the Defense Business Operations
Fund in advance of the provision of such goods and services.
(2) The payment of amounts to the Defense Business
Operations Fund from another fund or activity of the
Department of the Defense may be made only for goods or
services actually provided by the Defense Business Operations
Fund.
(d) Purchase from Other Sources.--The Secretary of Defense
or the Secretary of a military department may purchase goods
and services that are available for purchase from the Defense
Business Operations Fund from a source other than the Defense
Business Operations Fund if the Secretary determines that
such source offers a more competitive rate for the goods and
services than the Defense Business Operations Fund offers.
(e) Annual Reports and Budget.--(1) The Secretary of
Defense shall annually submit to the Congress, at the same
time that the President submits the budget under section 1105
of title 31, United States Code, the following:
(A) A detailed report that contains a statement of all
receipts and disbursements of the Defense Business Operations
Fund (including such a statement for each subaccount of the
Fund) for the year for which the report is submitted.
(B) A detailed proposed budget for the operation of the
Defense Business Operations Fund for the fiscal year for
which the budget is submitted.
(2) Not later than September 30 each year, the Secretary of
Defense shall submit to the Congress a report that contains a
comparison of the amounts actually expended for the operation
of the Defense Business Operations Fund for the fiscal year
ending on that September 30 with the amount proposed for the
operation of the Defense Business Operations Fund for that
fiscal year in the President's budget.
(f) Limitation on Inclusion of Certain Costs in DBOF
Charges.--A charge for a good or service provided through the
Defense Business Operations Fund may not include amounts
necessary to recover losses incurred by the Defense Business
Operations Fund that are unrelated to the good or service or
amounts to cover costs incurred in connection with the
closure or realignment of a military installation.
(g) Limitation on Accumulation of Funds.--(1) The Secretary
of Defense shall establish billing procedures to ensure that
the balance in the Defense Business Operations Fund does not
exceed $300,000,000 more than amount necessary to provide for
the working capital requirements of the Defense Business
Operations Fund, as determined by the Secretary.
(2) The Secretary may waive the limitation described in
this subsection if the Secretary determines that such waiver
is critical to the national security of the United States.
The Secretary shall immediately notify the Congress of any
such waiver and the reasons for the waiver.
SEC. 342. REVIEW BY COMPTROLLER GENERAL OF CHARGES IMPOSED BY
DEFENSE BUSINESS OPERATIONS FUND.
(a) Review.--The Comptroller General of the United States
shall review the charges for goods and services provided by
the Defense Business Operations Fund, including a review of--
(1) charges for goods and services provided by the Defense
Business Operations Fund, including a comparison of charges
imposed for the provision of goods and services to the
military departments and Defense Agencies with charges
imposed for the provision of goods and services to persons
outside the Department of Defense;
(2) charges imposed by the Defense Business Operations Fund
for overhead costs and service charges; and
(3) the extent to which charges imposed by the Defense
Business Operations Fund provide an advantage or disadvantage
for the military departments and Defense Agencies or for
persons outside the Department of Defense for whom such goods
and services are provided.
(b) Report.--Not later than April 15, 1995, the Comptroller
General of the United States shall submit to the Congress a
report on the results of the review conducted under
subsection (a) and the recommendations of the Comptroller
General for any legislative and administrative action the
Comptroller General considers to be appropriate.
Subtitle E--Department of Defense Domestic and Overseas Schools
SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DEFENSE DOMESTIC
ELEMENTARY AND SECONDARY SCHOOLS FOR MILITARY
DEPENDENTS.
(a) Continued Authority to Provide for Education of
Military Dependents When Local Agencies are Unable to.--
Chapter 108 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2164. Department of Defense domestic dependent
elementary and secondary schools
``(a) Authority of Secretary.--If the Secretary of Defense
makes a determination that appropriate educational programs
are not available through a local educational agency for
dependents of members of the armed forces residing on or near
a military installation in the United States (including
territories, commonwealths, and possessions of the United
States), the Secretary may provide for the elementary or
secondary education of such dependents.
``(b) Factors To Be Considered.--Factors to be considered
by the Secretary of Defense in making a determination under
subsection (a) shall include the following:
``(1) The extent to which such dependents are eligible for
free public education in the local area adjacent to the
military installation.
``(2) The extent to which the local educational agency is
able to provide an appropriate educational program for such
dependents. For purposes of this section, an appropriate
educational program, as determined by the Secretary, is a
program comparable to a program of free public education
provided for children--
``(A) in similar communities in the State, in the case of a
military installation located in a State;
``(B) in similar communities in adjacent States, in the
case of a military installation adjacent to or located in
more than one State; and
``(C) in the District of Columbia, in the case of a
military installation located in a territory, commonwealth,
or possession, except that an appropriate educational program
under this subparagraph is also a program of education
conducted in the English language.
``(c) Education for Dependents of Federal Employees.--(1)
An individual who is a dependent of a Federal employee
residing at any such military installation at any time during
the school year may enroll in an educational program provided
by the Secretary of Defense pursuant to subsection (a).
``(2)(A) Except as provided in subparagraph (B), an
individual who is a dependent of a Federal employee, who is
enrolled in an educational program provided by the Secretary
pursuant to subsection (a), and who is not living on the
military installation may be enrolled in the program for not
more than five consecutive school years.
``(B) An individual referred to in subparagraph (A) may be
enrolled in the program for more than five consecutive school
years if the Secretary determines, after consideration of the
individual's educational well-being, that good cause exists
to extend the enrollment for more than the five-year period
described in such subparagraph. Any such extension may be
made for only one school year at a time.
``(C) For purposes of this paragraph, the five-year period
described in subparagraph (A) begins on the date the
individual enrolls in the program pursuant to this section or
pursuant to any provision of law enacted before the date of
the enactment of this section that provided eligibility to
the individual for enrollment in a similar program.
``(3) An individual enrolled in a program under this
subsection may participate in the program for the remainder
of the school year notwithstanding a change in status of the
Federal employee with respect to whom the individual is a
dependent, except that any such individual may be removed
from enrollment in the program at any time for good cause, as
determined by the Secretary.
``(d) Establishment of School Boards.--(1) The Secretary of
Defense shall provide for the establishment of a school board
for each Department of Defense elementary or secondary school
established for a military installation under this section.
``(2) Each school board established for a school under
paragraph (1) shall be elected by the parents of individuals
attending the school. Meetings conducted by the school board
shall be open to the public.
``(3)(A) A school board elected for a school under this
subsection may develop fiscal, personnel, and educational
policies and procedures for the school, including fiscal,
personnel, and educational program management, except that
the Secretary may issue any directive to the school board and
school administrative officials the Secretary considers
necessary for the effective operation of the school or the
entire school system.
``(B) Any directive referred to in subparagraph (A) shall,
to the maximum extent practicable, be issued only after
consultation with appropriate school boards elected under
this subsection. The Secretary shall establish a process by
which a school board or school administrative officials may
formally appeal such directives directly to the Secretary.
Consideration of such appeals may not be delegated below the
Secretary of Defense.
``(e) Staff.--(1) The Secretary of Defense, in coordination
with the school board established for a school under
subsection (d), may enter into such arrangements as may be
necessary to provide educational programs under this section.
``(2) The Secretary may, without regard to the provisions
of any other law relating to the number, classification, or
compensation of employees--
``(A) establish such positions for civilian employees in
schools established under this section;
``(B) appoint individuals to such positions; and
``(C) fix the compensation of such individuals for service
in such positions.
``(3)(A) Except as provided in subparagraph (B), in fixing
the compensation of employees appointed under paragraph (2),
the Secretary, in coordination with the school board
established for a school under subsection (d), shall
consider--
``(i) the compensation of comparable employees of the local
educational agency in the capital of the State where the
military installation is located;
``(ii) the compensation of comparable employees in the
local educational agency that provides public education to
students who live adjacent to the military installation; or
``(iii) the average compensation for similar positions in
not more than three other local educational agencies, as
determined by the Secretary and the appropriate local school
boards in the State in which the military installation is
located.
``(B) In fixing the compensation of employees in schools
established in the territories, commonwealths, and
possessions under this section or any other provision of law
enacted before the date of the enactment of this section that
provided for similar schools, the Secretary shall determine
the level of compensation required to attract qualified
employees. For employees in such schools, the Secretary, in
coordination with the local school boards and without regard
to the provisions of title 5, may arrange for the tenure,
leave, hours of work, and other incidents of employment on a
similar basis as is provided for comparable positions in the
public schools of the District of Columbia.
``(f) Reimbursement.--When the Secretary of Defense
provides educational services under this section to an
individual who is a dependent of an employee of another
Federal agency, the head of the other Federal agency shall,
upon request of the Secretary of Defense, reimburse the
Secretary of Defense for those services at rates routinely
prescribed by the Secretary of Defense for those services.
Any payments received by the Secretary of Defense under this
section shall be credited to the account designated by the
Secretary for the operation of educational programs under
this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2164. Department of Defense domestic dependent elementary and
secondary schools.''.
SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANSFER OF
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS TO APPROPRIATE
LOCAL EDUCATIONAL AGENCIES.
(a) Survey.--(1) The Secretary of Defense shall conduct a
survey of each Department of Defense domestic dependent
elementary and secondary school operated by the Department of
Defense to determine the feasibility of, and actions
necessary to be taken to provide for, the transfer of that
school to the appropriate local educational agency.
(2) The Secretary of Defense shall coordinate the conduct
of the survey of each such school with representatives of the
local educational agency referred to in paragraph (1) and of
parent organizations representing parents of students
enrolled in the school.
(3) Issues addressed by the survey shall include--
(A) the opinions and attitudes of such parents with respect
to the appropriate entity to operate the school;
(B) the position of the local educational agency and the
appropriate education officials of the State in which the
school is located regarding the extent to which the transfer
of the school to the local educational agency is feasible and
desirable, including the financial and legal justifications
for that position; and
(C) the requirements, as specified by the local educational
agency and the appropriate education officials of the State
in which the school is located, for financial support,
military construction, and any other support provided by the
Department of Defense in order to complete the transfer of
the school to the local educational agency.
(4) Not later than June 30, 1995, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the survey. The report shall include the
recommendations of the Secretary with respect to the transfer
of each such school.
(b) Pilot Program.--(1) The Secretary of Defense shall
conduct a pilot program to assess the potential for the
transfer of Department of Defense domestic dependent
elementary and secondary schools to appropriate local
educational agencies.
(2) The Secretary of Defense shall select two schools for
participation in the pilot program based on the results of
the survey conducted by the Secretary under subsection (a).
The Secretary shall provide for the transfer of each such
school to the appropriate local educational agency not later
than the date on which the 1995 school year begins for that
school.
(3) Not later than March 31, 1996, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the results
of the pilot program. The report shall include the
recommendation of the Secretary with respect to the extent to
which other Department of Defense domestic dependent
elementary and secondary schools should be transferred to
appropriate local educational agencies.
(c) Limitation.--A Department of Defense domestic dependent
elementary or secondary school may not be transferred to a
local educational agency under this section except on terms
that are agreeable to the local educational agency.
SEC. 353. EVALUATION OF SCHOOLS OF THE DEFENSE DEPENDENTS'
EDUCATION SYSTEM WITH FEWER THAN 150 STUDENTS.
Section 1407 of the Defense Dependents' Education Act of
1978 (20 U.S.C. 926) is amended by adding at the end the
following new subsection:
``(e)(1)(A) Each school year, the Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall conduct an evaluation of each school
referred to in subparagraph (B) to assess the alternatives to
operating that school.
``(B) A school referred to in subparagraph (A) is a school
of the defense dependents' education system that had, during
the previous school year, an enrollment at any time during
the school year (except during a summer school session) of
fewer than 150 students or that is projected to have such an
enrollment during the next school year.
``(2) If, after the evaluation conducted under paragraph
(1), the Secretary determines that a school referred to in
paragraph (1)(B) should remain open, the Secretary shall
require the payment each fiscal year of 70 percent of the
costs to operate the school from operations and maintenance
funds appropriated to the military departments during that
fiscal year. The ratio of funds paid by a military department
in a fiscal year under this paragraph shall bear the same
ratio to the total amount of funds paid by the military
departments in a fiscal year under this paragraph as the
ratio of the number of students enrolled in the school who
are sponsored by a member of that service bears to the number
of all students enrolled in the school who are sponsored by a
member of the Armed Forces.''.
SEC. 354. PROHIBITION ON TUITION CEILING FOR SCHOOLS OF THE
DEFENSE DEPENDENTS' EDUCATION SYSTEM.
Section 1404(b)(1) of the Defense Dependents' Education Act
of 1978 (20 U.S.C. 923(b)(1)) is amended by adding at the end
the following: ``The Secretary may not impose a ceiling for a
tuition rate determined under this paragraph.''.
Subtitle F--Other Matters
SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF ARMED
FORCES RETIREMENT HOME.
(a) In General.--Paragraph (2) of section 1514(c) of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C.
414(c)(2)) is amended to read as follows:
``(2) The fee shall be fixed as a percentage of the monthly
income and monthly payments (including Federal payments)
received by a resident, subject to such adjustments in the
fee as the Retirement Home Board may make under paragraph
(1). The percentage shall be the same for each establishment
of the Retirement Home.''.
(b) Application of Modified Fees to All Residents.--(1)
Subsections (d) and (e) of section 1514 of such Act are
repealed.
(2) Such section is further amended by adding after
subsection (c) the following new subsection (d):
``(d) Application of Fees.--Subject to such adjustments in
the fee as the Retirement Home Board may make under
subsection (c), each resident of the Retirement Home shall be
required to pay a monthly fee equal to--
``(1) in the case of a resident who is receiving assisted-
living services at the Retirement Home, 65 percent of all
monthly income and monthly payments (including Federal
payments) received by the resident; and
``(2) in the case of a resident who is not receiving
assisted-living services at the Retirement Home, 40 percent
of all such monthly income and monthly payments.''.
(c) Effective Date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
SEC. 362. NATIONAL GUARD YOUTH PROGRAM.
(a) Authority.--Chapter 5 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 508. Assistance to certain youth organizations
``(a) Members or units of the National Guard may provide
the services described in subsection (b) to an organization
described in subsection (c) in conjunction with training
required under this chapter if--
``(1) the provision of such services does not degrade the
quality of the training or otherwise interfere with the
ability of any unit to perform its military functions;
``(2) the services provided are not commercially available
or affected commercial entities have agreed in writing not to
object to the provision of the services;
``(3) members of the National Guard providing the services
perform activities which enhance their skills in their
military specialties; and
``(4) such assistance does not materially increase the cost
of training activities under this chapter.
``(b) Services which may be provided under this section are
the following:
``(1) Ground transportation.
``(2) Limited air transportation, but only in the case of
the Special Olympics.
``(3) Administrative support.
``(4) Technical training.
``(5) Emergency medical assistance.
``(6) Communications.
``(c) The organizations which may be assisted under this
section are the following:
``(1) The Boy Scouts of America.
``(2) The Girl Scouts of America.
``(3) The Boys and Girls Clubs of America.
``(4) The YMCA.
``(5) The YWCA.
``(6) The Civil Air Patrol.
``(7) The Special Olympics.
``(8) Campfire Boys and Girls.
``(9) The 4-H Club.
``(10) The Police Athletic League.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 32, United States Code, is
amended by adding at the end the following item:
``508. Assistance to certain youth organizations.''.
SEC. 363. DEPARTMENT OF DEFENSE FOOD INVENTORY PROGRAM.
(a) Demonstration Project.--The Department of Defense Food
Inventory Demonstration Project (the implementation of which
was requested of the military departments and the Defense
Logistics Agency by the Deputy Under Secretary of Defense,
Logistics, in a memorandum dated August 16, 1993) shall be
completed by the Department of Defense not later than
September 30, 1995 and shall be expanded to cover two
geographic areas, as designated by the Secretary of Defense.
(b) Report.--Not later than October 1, 1995, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
implementation of the demonstration project referred to in
subsection (a).
(c) Implementation of Program throughout United States.--
Not later than October 1, 1996, the Secretary of Defense
shall provide for the expanded use throughout the United
States of full-line commercial food distributors to meet the
food requirements of the Department of Defense.
SEC. 364. DEPARTMENT OF DEFENSE SPECIAL SUPPLEMENTAL FOOD
PROGRAM.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1060a. Special supplemental food program
``(a) Authority.--The Secretary of Defense may carry out a
program to provide special supplemental food benefits to
members of the armed forces on duty at stations outside the
United States (and its territories and possessions) and to
eligible civilians serving with, employed by, or accompanying
the armed forces outside the United States (and its
territories and possessions).
``(b) Federal Payments and Commodities.--For the purpose of
obtaining Federal payments and commodities in order to carry
out the program referred to in subsection (a), the Secretary
of Defense shall make available, from funds appropriated for
such purpose, the same payments and commodities as are made
for the special supplemental food program in the United
States under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786).
``(c) Program Administration.--(1)(A) The Secretary of
Defense shall administer the program referred to in
subsection (a) and, except as provided in subparagraph (B),
shall determine eligibility for program benefits under the
criteria published by the Secretary of Agriculture under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
``(B) The Secretary of Defense shall prescribe regulations
governing computation of income eligibility standards for
families of individuals participating in the program under
this section.
``(2) The program benefits provided under the program shall
be similar to benefits provided by State and local agencies
in the United States.
``(d) Departures from Standards.--The Secretary of Defense
may authorize departures from standards prescribed by the
Secretary of Agriculture regarding the supplemental foods to
be made available in the program when local conditions
preclude strict compliance or when such compliance is highly
impracticable.
``(e) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Defense
for operations and maintenance for any fiscal year in such
amounts as may be necessary for the administrative expenses
of the Department of Defense under this section.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations to administer the program authorized by
this section.
``(g) Definitions.--In this section:
``(1) The term `eligible civilian' means--
``(A) a dependent of a member of the armed forces residing
with the member outside the United States;
``(B) a employee of a military department who is a national
of the United States and is residing outside the United
States in connection with such individual's employment or a
dependent of such individual residing with the employee
outside the United States; or
``(C) an employee of a Department of Defense contractor who
is a national of the United States and is residing outside
the United States in connection with such individual's
employment or a dependent of such individual residing with
the employee outside the United States.
``(2) The term `national of the United States' means--
``(A) a citizen of the United States; or
``(B) a person who, though not a citizen of the United
States, owes permanent allegiance to the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))).
``(3) The term `dependent' has the meaning given such term
in subparagraphs (A), (D), (E), and (I) of section 1072(2) of
this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of title 10, United States Code, is
amended by adding at the end the following new item:
``1060a. Special supplemental food program.''.
SEC. 365. TRANSPORTATION OF THE REMAINS OF DECEASED RETIRED
MEMBERS WHO DIE OUTSIDE OF THE UNITED STATES.
(a) Authority.--Section 1481 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking out ``the remains of--'' and inserting in
lieu thereof ``the remains of the following:'';
(B) by amending the first word in each paragraph by
capitalizing the first letter of that first word;
(C) by striking out ``and'' after the semicolon in
paragraph (7);
(D) by striking out the semicolon at the end of each
paragraph and inserting in lieu thereof a period; and
(E) by inserting after paragraph (8) the following new
paragraph:
``(9) To the extent authorized under section 1482(g) of
this title, any retired member of an armed force or a
dependent of such a member who dies while outside the United
States.''; and
(2) by adding at the end the following new subsection:
``(c) In this section, the term `dependent' has the meaning
given such term in section 1072(2) of this title.''.
(b) Expenses Incident to Death.--Section 1482 of such title
is amended by adding at the end the following new subsection:
``(g) The payment of expenses incident to the recovery,
care, and disposition of a decedent covered by section
1481(a)(9) of this title is limited to the payment of
expenses described in paragraphs (1) through (5) of
subsection (a) and air transportation of the remains from a
location outside the United States to a point of entry in the
United States. Such air transportation may be provided
without reimbursement on a space-available basis in military
or military-chartered aircraft. The Secretary concerned shall
pay all other expenses authorized to be paid under this
subsection only on a reimbursable basis. Amounts reimbursed
to the Secretary concerned under this subsection shall be
credited to appropriations available, at the time of
reimbursement, for the payment of such expenses.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to the remains of, and incidental
expenses incident to the recovery, care, and disposition of,
an individual who dies after the date of the enactment of
this Act.
SEC. 366. AUTHORITY TO TRANSPORT THE REMAINS OF CERTAIN
DECEASED VETERANS ON DEPARTMENT OF DEFENSE
AEROMEDICAL EVACUATION AIRCRAFT.
(a) Transportation Authorized.--Subsection (a) of section
2641 of title 10, United States Code, is amended by inserting
before the period the following: ``or of transporting the
remains of a deceased veteran who died at the facility after
being transported to the facility under this subsection.
Transportation of the remains of a deceased veteran under
this subsection may be provided to the place from which the
veteran was transported to the facility or to any other
destination which is not farther away from the facility than
such place''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (b)--
(A) by inserting ``or for the remains of a veteran'' after
``furnished to a veteran'';
(B) in paragraph (1), by inserting ``or of the remains of
such veteran'' after ``of such veteran''; and
(C) in paragraph (2), by inserting ``or the remains of the
veteran'' after ``for the veteran'';
(2) in subsection (d)(1)--
(A) by inserting ``or on the survivors of a veteran'' after
``on a veteran''; and
(B) by inserting ``or for the remains of the veteran''
after ``to the veteran''; and
(3) in subsection (d)(2), by inserting ``or for the remains
of veterans'' after ``to veterans''.
(c) Cross Reference Amendment.--Subsection (c) of such
section is amended by striking out ``5011(g)(5)'' and
inserting in lieu thereof ``8111(g)(5)''.
SEC. 367. MODIFICATION OF AIR FORCE SUPPORT FOR THE CIVIL AIR
PATROL.
(a) Provision of Funds.--Subsection (b) of section 9441 of
title 10, United States Code, is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (12), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) provide funds for the national headquarters of the
Civil Air Patrol, including the provision (in advance of
payment) of funds for the payment of staff compensation and
benefits, administrative expenses, travel, per diem and
allowances, rent and utilities, and other operational
expenses;''.
(b) Liaisons.--Such section is further amended by adding at
the end the following new subsection:
``(d)(1) The Secretary of the Air Force may authorize the
Civil Air Patrol to employ, as administrators and liaison
officers, retired members of the Air Force whose
qualifications are approved under regulations prescribed by
the Secretary and who request such employment.
``(2) A retired member employed pursuant to paragraph (1)
may receive the member's retired pay and an additional amount
that is not more than the difference between the member's
retired pay and the pay and allowances the member would be
entitled to receive if ordered to active duty in the grade in
which the member retired. The additional amount shall be paid
to the Civil Air Patrol by the Secretary from funds generally
available to the Air Force for civil air assistance.
``(3) A retired member employed pursuant to paragraph (1)
shall not, while so employed, be considered to be on active
duty or inactive-duty training for any purpose.''.
SEC. 368. REVIEW AND REPORT ON USE OF OPERATIONS AND
MAINTENANCE FUNDS BY THE DEPARTMENT OF DEFENSE.
(a) Review.--The Secretary of Defense shall conduct a
review of each operations and maintenance account of the
Department of Defense to determine the extent to which funds
appropriated to the Department for operations and maintenance
accounts are used for an activity for which funds have been
appropriated to, or are more appropriately made available
from, accounts of the Department for procurement, research,
development, test, and evaluation, or military construction.
(b) Report.--Not later than March 31, 1995, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report that
contains the result of the review conducted by the Secretary
under subsection (a) and a report on the extent to which
funds appropriated to the Department of Defense for
operations and maintenance accounts are being used for an
activity for which funds have been appropriated to, or are
more appropriately made available from, accounts of the
Department for procurement, research, development, test, and
evaluation, or military construction.
SEC. 369. REQUIREMENT OF COMPARATIVE REPORT ON OPERATIONS AND
MAINTENANCE FUNDING.
(a) Requirement.--Subsection (a) of section 116 of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) The Secretary shall include in each such report a
comparison of the level of funding for operations and
maintenance for the next fiscal year with the level of
operations and maintenance funding for each previous fiscal
year beginning with fiscal year 1975, using constant dollars
and the same standard of comparison for each such fiscal
year.''.
(b) Development of Comparative Method.--Not later than
February 1, 1995, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the development by the Secretary
of a method to make the comparison required under paragraph
(3) of section 116(a) of title 10, United States Code, as
added by subsection (a).
SEC. 370. AUTOMATED DATA PROCESSING PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Limitation.--Of amounts authorized to be appropriated
under section 301, not more than $2,575,000,000 shall be
available for new development and modernization of automated
data processing programs of the Department of Defense. The
Secretary of Defense may not obligate or expend amounts in
excess of $2,000,000,000 for any such new development or
modernization until the Secretary--
(1) makes a determination that any such new development or
modernization is based on--
(A) a sound functional economic analysis;
(B) objectives of the defense information infrastructure;
(C) migratory assessment guidance provided by the Defense
Information Systems Agency; and
(D) Department of Defense directives on life cycle
management; and
(2) establishes performance measures and management
controls to oversee and manage the accelerated implementation
of migration systems, data standards, and process
improvement.
(b) Reports.--(1) Not later than December 15, 1994, the
Secretary of Defense shall submit to the Congress a report on
the establishment by the Secretary of performance measures
and management controls to ensure, to the maximum extent
practicable, the best possible return on investment for any
funds used by the Secretary for new development and
modernization of automated data processing programs of the
Department of Defense.
(2) Not later than March 15 and December 15 of each year,
the Secretary of Defense shall submit to the Congress a
report on the progress made by the Secretary in improving the
defense information infrastructure, realizing a reduction in
the overall support infrastructure of the Department of
Defense, selecting and converting to migration systems,
establishing data standards, and improving the functional
business process for the automated data processing programs
of the Department. The report shall include information (by
functional area) on--
(A) the migration systems selected for the programs;
(B) the systems that will be migrated or eliminated;
(C) the total cost of migration, including conversion and
interface costs;
(D) the number of corporate data elements that have been
standardized; and
(E) the improvements that have been made to any such
process, including the savings that have been achieved by
such improvements.
(c) Review by the Comptroller General.--Not later than
March 1, 1995, the Comptroller General of the United States
shall submit to the Congress a report that contains an
evaluation of the performance measures and management
controls established by the Secretary of Defense to manage
and oversee the implementation of migration systems, data
standards, and process improvements for the automated data
processing programs of the Department of Defense.
SEC. 371. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH
IN CERTAIN CONTRACTS.
(a) In General.--(1) Chapter 146 of title 10, United States
Code, as amended by section 327, is further amended by adding
at the end the following new section:
``Sec. 2473. Cost growth in commercial contracts: review by
Inspector General
``(a) Review.--Each fiscal year, the Inspector General of
the Department of Defense shall conduct a review of not less
than 20 percent of existing contracts for the performance of
commercial activities which resulted from a cost comparison
study conducted by the Department of Defense under Office of
Management and Budget Circular A-76 (or any other successor
administrative regulation or policy) to determine the extent
to which the costs incurred by a contractor under any such
contract has exceeded the cost of the contract at the time
the contract was entered into.
``(b) Report.--Each year, not later than 30 days after the
day on which the President submits to the Congress the budget
for a fiscal year under section 1105 of title 31, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing the results of the most recently conducted review
under subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2473. Cost growth in commercial contracts: review by Inspector
General.''.
(b) Use of Funds.--Of amounts authorized to be appropriated
pursuant to section 301(12) for the Inspector General of the
Department of Defense, $10,000,000 shall be available to
conduct a review under subsection (a) for fiscal year 1995.
SEC. 372. COST COMPARISON STUDIES FOR CONTRACTS FOR ADVISORY
AND ASSISTANCE SERVICES.
(a) In General.--(1) Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410l. Contracts for advisory and assistance services:
cost comparison studies
``(a) Requirement.--Before the Secretary of Defense enters
into a contract for the performance of advisory and
assistance services, the Secretary of Defense shall conduct a
comparison study of the cost of performing the services by
Department of Defense personnel and the cost of performing
the services by contractor personnel.
``(b) Waiver.--The Secretary of Defense may, pursuant to
guidelines established by the Secretary, waive the
requirement under subsection (a) to perform a cost comparison
study based on factors that are not related to cost.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2410l. Contracts for advisory and assistance services: cost
comparison studies.''.
(b) Procedures for Conduct of Studies.--The Secretary of
Defense shall establish the following procedures:
(1) Procedures to carry out a cost comparison study under
section 2410l of title 10, United States Code, as added by
subsection (a). Such procedures may contain a requirement
that the cost comparison study include consideration of
factors that are not related to cost, including the quality
of the service required to be performed, the availability of
Department of Defense personnel, the duration and recurring
nature of the services to be performed, and the consistency
of the workload.
(2) Procedures to review contracts entered into after a
waiver under subsection (b) of such section to determine
whether the contract is justified and sufficiently
documented.
(c) Effective Date.--Section 2410l of title 10, United
States Code, as added by subsection (a), shall take effect
six months after the date of the enactment of this Act.
SEC. 373. REQUIREMENT AND PLAN FOR CONVERTING PERFORMANCE OF
CERTAIN POSITIONS TO PERFORMANCE BY DEPARTMENT
OF DEFENSE EMPLOYEES.
(a) Conversion to Performance by Employees.--In each of
fiscal years 1995, 1996, and 1997, the Secretary of Defense
shall change the performance of not less than 10,000
positions that, as of September 30, 1994, were designated to
be performed by members of the Armed Forces on active duty to
performance by employees of the Department of Defense.
(b) Plan.--Not later than March 31, 1995, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a plan for the
implementation of subsection (a).
SEC. 374. USE OF SERVICE CONTRACT FUNDS FOR SEPARATION
INCENTIVE PROGRAMS FOR DEPARTMENT OF DEFENSE
EMPLOYEES.
During fiscal year 1995, any separation pay paid to an
employee of the Department of Defense pursuant to section
5597 of title 5, United States Code, or any other separation
incentive program shall be paid from funds appropriated to
the Department of Defense for operation and maintenance for
the purpose of entering into service contracts.
SEC. 375. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM.
(a) Authority.--The Secretary of Defense may establish a
pilot program for employees (as defined in subsection (g)) at
military installations scheduled for closure or realignment
under which retraining and relocation incentives may be paid
to encourage non-Federal employers to hire or retain such
employees.
(b) Retraining Incentive.--(1) As part of the pilot
program, the Secretary may enter into an agreement with a
non-Federal employer under which the non-Federal employer
agrees to hire an employee for a mutually agreeable salary
for a minimum twelve-month period and to certify to the
Secretary the employer's cost to train the employee.
(2) The Secretary shall pay a retraining incentive to the
non-Federal employer upon the employee's completion of
employment for the twelve-month period referred to in
paragraph (1). The Secretary shall prorate the amount of the
retraining incentive paid to the non-Federal employer for an
employee who does not complete such employment for that
twelve-month period.
(c) Relocation Incentive.--An employee employed by a non-
Federal employer under the pilot program shall be eligible to
receive from the Secretary a relocation incentive for such
period of employment equal to the travel, transportation, and
subsistence expenses that would be authorized to be paid to
the employee under chapter 57 of title 5, United States Code
(including the reimbursement payment authorized under section
5724b of such title) if the employee were traveling on
official business away from the employee's designated post of
duty or away from the employee's home or regular place of
business during such period.
(d) Limitations.--A military department or a Defense Agency
may offer an incentive under the pilot program only with the
prior consent, or on the authority, of the Secretary. Any
such incentive may be paid for retraining, relocation, or a
combination of retraining and relocation, except that the
maximum amount that may be paid to a non-Federal employer to
hire an employee under the pilot program may not exceed
$10,000.
(e) Duration.--The pilot program shall terminate not later
than September 30, 1999.
(f) Definitions.--In this section:
(1) The term ``employee'' means an employee of a military
department or a Defense Agency, serving under an appointment
without time limitation, who has been currently employed by
the military department or Defense Agency for a continuous
period of at least 12 months and who has been given specific
notice of separation by reduction in force, except that such
term does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 of title 5, United States Code, chapter 84 of such title,
or another retirement system for employees of the Government;
(B) an employee who is subject to subchapter III of chapter
83 of title 5, United States Code, or chapter 84 of such
title and who, at the time of separation from service, has
fulfilled the requirements for immediate annuity under such
subchapter or chapter; or
(C) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
subparagraph (A).
(2) The term ``non-Federal employer'' means an employer
that is not the Federal Government.
SEC. 376. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF
THE DEPARTMENT OF DEFENSE ASSIGNED TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Not later than October 1, 1995, the
Secretary of Defense shall take such steps as may be
necessary to provide a uniform health benefits program for
employees of the Department of Defense assigned to a
nonappropriated fund instrumentality of the Department.
(b) Report.--The Secretary of Defense shall submit a report
on the implementation of subsection (a) to the Committees on
Armed Services of the Senate and House of Representatives not
later than March 15, 1995.
SEC. 377. OPERATION OF MILITARY EXCHANGE AND COMMISSARY STORE
AT NAVAL AIR STATION FORT WORTH, JOINT RESERVE
CENTER, CARSWELL FIELD.
The Secretary of Defense shall provide for the operation by
the Army and Air Force Exchange Service, until December 31,
1995, of any military exchange and commissary store located
at the Naval Air Station Fort Worth, Joint Reserve Center,
Carswell Field.
SEC. 378. SHIPS' STORES.
(a) Extension of Deadline for Conversion.--Section 371(a)
of the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 7604 note) is amended by striking out
``October 1, 1994'' and inserting in lieu thereof ``October
1, 1995''.
(b) Modification of Effective Date.--Section 371(d) of such
Act is amended by striking out ``shall take effect on the
date on which the Secretary of the Navy completes the
conversion referred to in subsection (a)'' and inserting in
lieu thereof ``shall take effect on October 1, 1994''.
SEC. 379. PROGRAM TO COMMEMORATE WORLD WAR II.
(a) Extension.--Section 378 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2387) is amended by striking out ``1995'' in
subsections (a) and (b) and inserting in lieu thereof
``1996''.
(b) Reimbursement of Certain Costs.--Such section is
further amended by adding at the end the following new
subsection:
``(g) Reimbursement for Certain Expenses.--The Secretary of
Defense may provide for reimbursement of expenses incurred by
a person to provide for the participation of the S.S.
Jeremiah O'Brien in programs and activities to commemorate
the 50th anniversary of World War II.''.
SEC. 380. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.
(a) Demonstration Project for Use of Proceeds From the Sale
of Certain Property.--(1) Section 343(d)(1) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1344) is amended by striking
out ``terminate on December 5, 1994'' and inserting in lieu
thereof ``terminate on December 5, 1995''.
(2) Section 343(e) of such Act is amended by striking out
``February 3, 1995'' and inserting in lieu thereof ``February
3, 1996''.
(b) Authority for Aviation Depots and Naval Shipyards To
Engage in Defense-Related Production and Services.--Section
1425(e) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by
striking out ``September 30, 1994'' and inserting in lieu
thereof ``September 30, 1995''.
(c) Authority of Base Commanders Over Contracting for
Commercial Activities.--Section 2468(f) of title 10, United
States Code, is amended by striking out ``September 30,
1994'' and inserting in lieu thereof ``September 30, 1995''.
SEC. 381. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY
END STRENGTH LIMITATION.
(a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 123a the
following new section:
``Sec. 123b. Forces stationed abroad: limitation on number
``(a) End-Strength Limitation.--No funds appropriated to
the Department of Defense may be used to support a strength
level of members of the armed forces assigned to permanent
duty ashore in nations outside the United States at the end
of any fiscal year at a level in excess of 200,000.
``(b) Exception for Wartime.--Subsection (a) does not apply
in the event of a declaration of war or an armed attack on
any member nation of the North Atlantic Treaty Organization,
Japan, the Republic of Korea, or any other ally of the United
States.
``(c) Presidential Waiver.--The President may waive the
operation of subsection (a) if the President declares an
emergency. The President shall immediately notify Congress of
any such waiver.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``123b. Forces stationed abroad: limitation on number.''.
(b) Effective Date.--Section 123b of title 10, United
States Code, as added by subsection (a), does not apply with
respect to a fiscal year before fiscal year 1996.
(c) Conforming Repeal.--Section 1302 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2545) is repealed.
SEC. 382. AUTHORITY TO ISSUE MILITARY IDENTIFICATION CARDS TO
SO-CALLED HONORARY RETIREES OF THE NAVAL AND
MARINE CORPS RESERVES.
(a) Authority.--The Secretary of the Navy may issue a
military identification card to a member of the Retired
Reserve described in subsection (b).
(b) Covered Members.--A member of the Retired Reserve
referred to in subsection (a) is a member of the Naval
Reserve or Marine Corps Reserve who transferred to the
Retired Reserve under section 274(2) of title 10, United
States Code, without having completed the years of service
required under section 1331(a)(2) of such title for
eligibility for retired pay under chapter 67 of that title.
(c) Effect on Commissary and Exchange Benefits.--The
issuance of a military identification card under subsection
(a) to a member of the Retired Reserve does not confer
eligibility for commissary and exchange benefits on that
member.
SEC. 383. MODIFICATION OF STATUTE OF LIMITATIONS FOR CERTAIN
CLAIMS FOR PERSONAL PROPERTY DAMAGE OR LOSS.
(a) Modification.--Subsection (g) of section 3721 of title
31, United States Code, is amended--
(1) by striking out ``. However, if'' and inserting in lieu
thereof ``, except that in the case of a member of the
uniformed services, the claim must be presented in writing
within 1 year after the claim accrues. If''; and
(2) in the second sentence, by inserting ``(or, in the case
of a member of the uniformed services, within 1 year)'' after
``presented within 2 years''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to a claim under section 3721 of title 31, United
States Code, that accrues on or after the date of the
enactment of this Act.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1995, as follows:
(1) The Army, 510,000.
(2) The Navy, 441,641.
(3) The Marine Corps, 174,000.
(4) The Air Force, 400,051.
SEC. 402. LIMITATION ON DEPLOYMENT OF DIVISIONS CONSTITUTING
ARMY CONTINGENCY FORCE.
(a) In General.--Whenever practicable, in assigning forces
of the Army for operations other than war, the President
shall seek to use elements of divisions that are not part of
the contingency force, and the President may not at any one
time use elements of more than one division of the
contingency force for such operations (except for domestic
humanitarian or disaster relief missions) unless elements of
all divisions that are not part of the contingency force are
currently deployed for such operations.
(b) Contingency Force Defined.--For purposes of this
section, the term ``contingency force'' means the set of four
or five Army divisions that is designated as the Army
contingency force by the Secretary of the Army, such force
consisting of those divisions that are assigned to be the
initial Army divisions to be deployed to respond to a
regional conflict.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 1995, as follows:
(1) The Army National Guard of the United States, 400,000.
(2) The Army Reserve, 242,000.
(3) The Naval Reserve, 100,710.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 115,581.
(6) The Air Force Reserve, 78,706.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may
increase the end strength authorized by subsection (a) by not
more than 2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be reduced proportionately by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be increased proportionately by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1995, the following number of Reserves to be
serving on full-time active duty or, in the case of members
of the National Guard, full-time National Guard duty for the
purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 23,650.
(2) The Army Reserve, 11,940.
(3) The Naval Reserve, 17,510.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,098.
(6) The Air Force Reserve, 648.
SEC. 413. ACTIVE COMPONENT MEMBERS TO BE ASSIGNED FOR
TRAINING COMPATIBILTY WITH GUARD UNITS.
Section 414(c) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (10 U.S.C. 261 note) is
amended by striking out ``September 30, 1994'' and inserting
in lieu thereof ``September 30, 1996''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1995, the Armed Forces are
authorized average military training student loads as
follows:
(1) The Army, 69,420.
(2) The Navy, 43,064.
(3) The Marine Corps, 25,377.
(4) The Air Force, 36,840.
(b) Scope.--The average military training student load
authorized for an armed force under subsection (a) applies to
the active and reserve components of that armed force.
(c) Adjustments.--The average military training student
loads authorized in subsection (a) shall be adjusted
consistent with the end strengths authorized in subtitles A
and B. The Secretary of Defense shall prescribe the manner in
which such adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1995 a total of $71,086,397,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1995.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY FOR OFFICERS TO SERVE ON SUCCESSIVE
PROMOTION BOARDS.
Section 612(b) of title 10, United States Code, is
amended--
(1) by striking out ``No officer may be'' and inserting in
lieu thereof ``(1) Except as provided in paragraph (2), an
officer may not be''; and
(2) by adding at the end the following:
``(2) With the approval of the Secretary of the military
department concerned, an officer may serve as a member on
successive consideration of officers of the same competitive
category and grade if the second board does not consider the
same officer or officers as the first board.''.
SEC. 502. ARMY FIELD GRADE OFFICER STRENGTH LIMITATIONS.
(a) Revisions to Authorized Active Duty Numbers.--The table
in section 523(a)(1) of title 10, United States Code, is
amended by striking out all of the table preceding ``Air
Force:'' and inserting in lieu thereof the following:
------------------------------------------------------------------------
Number of officers who may be serving
``Total number of commissioned on active duty in the grade of:
officers (excluding officers in ---------------------------------------
categories specified in Lieutenant
subsection (b)) on active duty: Major colonel Colonel
------------------------------------------------------------------------
``Army:
60,000........................ 12,380 8,361 3,080
65,000........................ 13,071 8,750 3,264
70,000........................ 13,763 9,138 3,447
75,000........................ 14,454 9,527 3,631
80,000........................ 15,146 9,915 3,814
85,000........................ 15,837 10,304 3,997
90,000........................ 16,529 10,692 4,181
95,000........................ 17,220 11,081 4,364
100,000....................... 17,912 11,469 4,548
110,000....................... 19,295 12,246 4,915
120,000....................... 20,678 13,023 5,281
130,000....................... 22,061 13,800 5,648
170,000....................... 27,593 16,908 7,116''.
------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1994.
SEC. 503. TECHNICAL CHANGES TO PROVISIONS ENACTED BY WARRANT
OFFICER MANAGEMENT ACT.
Chapter 33A of title 10, United States Code, is amended--
(1) in section 578, by adding at the end the following new
subsections:
``(e) An officer who is appointed to a higher grade under
this section is considered to have accepted such appointment
on the date on which the appointment is made unless the
officer expressly declines the appointment.
``(f) An officer who has served continuously since the
officer subscribed to the oath of office prescribed in
section 3331 of title 5 is not required to take a new oath
upon appointment to a higher grade under this section.'';
(2) in sections 573(a)(2) and 574(e), by striking out ``on
active duty'';
(3) in section 575(d), by inserting before the period at
the end ``, except for those officers precluded from
consideration under regulations prescribed by the Secretary
concerned under section 577 of this title'';
(4) in section 576(f)(1), by striking out the last
sentence; and
(5) in section 582(2), by inserting before the period at
the end ``(except those retired warrant officers who were
recalled to active duty before February 1, 1992)''.
SEC. 504. NAVY AND MARINE CORPS LIMITED DUTY OFFICERS.
Section 5589 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following
subsection:
``(c) An officer designated for limited duty who is serving
on active duty pursuant to a temporary appointment under
section 5596 of this title may be given an original
appointment under this section with the same grade and date
of rank as the officer held pursuant to the temporary
appointment.''.
SEC. 505. RETIREMENT OR ENLISTMENT OF CERTAIN LIMITED DUTY
OFFICERS OF THE NAVY AND MARINE CORPS.
Section 6383 of title 10, United States Code, is amended--
(1) in subsections (a)(1), (a)(2), (a)(3), (a)(4), (b), and
(d), by striking out ``Except as provided in subsection
(i),'' and inserting in lieu thereof ``Except as provided in
subsections (f) and (h),'',
(2) by striking out subsection (f) and inserting in lieu
thereof the following:
``(f)(1) An officer subject to discharge under subsection
(b), (d), or (e) who is not eligible for retirement and to
whom paragraph (2) does not apply may, upon the officer's
request and in the discretion of the Secretary of the Navy,
be enlisted in the grade prescribed by the Secretary.
``(2) If an officer subject to discharge under subsection
(b) or (d) is, on the date on which the officer is to be
discharged, within two years of qualifying for retirement
under section 6323 of this title, the officer shall be
retained on active duty until qualified for retirement and
shall then be retired under that section, unless the officer
is sooner retired or discharged under another provision of
law.'';
(3) by striking out subsection (g);
(4) by redesignating subsections (h), (i), and (j) as
subsections (g), (h), and (i) respectively; and
(5) in subsection (h) (as so redesignated), by striking out
``or the discharge under subsection (d)'' and inserting in
lieu thereof ``or the discharge under subsection (b) or
(d)''.
SEC. 506. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL
ACADEMY FROM COUNTING TOWARD NUMBER OF SENIOR
ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY.
(a) Grade Relief.--If the next officer appointed to serve
as Superintendent of the United States Naval Academy after
April 1, 1994, is an officer described in subsection (b),
that officer, while so serving, shall not be counted for
purposes of the limitations contained in section 525(b)(2) of
title 10, United States Code.
(b) Qualifying Officer.--Subsection (a) applies in the case
of a retired officer who--
(1) holds the grade of admiral on the retired list;
(2) is ordered to active duty pursuant to section 688 of
title 10, United States Code, to serve as Superintendent of
the United States Naval Academy; and
(3) is appointed pursuant to section 601 of that title to
have the grade of admiral while serving on active duty in
that position.
SEC. 507. GRADE OF HEADS OF CERTAIN PROFESSIONAL MILITARY
EDUCATION SCHOOLS.
(a) National Defense University.--The president of the
National Defense University, if a member of the Armed Forces
on active duty, has the grade of lieutenant general or vice
admiral while so serving, if appointed to that grade for
service in that position.
(b) Component Schools of NDU.--The commandant of each of
the following Department of Defense schools shall be selected
from among officers on the active-duty list who have the
grade of major general or rear admiral:
(1) The National War College.
(2) The Industrial College of the Armed Forces.
(3) The Armed Forces Staff College.
(c) Service Schools.--The following positions may be held
only by officers on the active-duty list serving in the grade
of major general or rear admiral or a higher grade:
(1) The commandant of the Army War College.
(2) The president of the Naval War College.
(3) The commandant of the Air University.
Subtitle B--Reserve Component Matters
SEC. 511. SELECTED RESERVE ACTIVATION AUTHORITY.
(a) Enhanced Activation Authority.--Subsection (a) of
section 673b of title 10, United States Code, is amended to
read as follows:
``(a)(1) If the President determines that augmentation of
the active forces is necessary for an operational mission,
the President may provide Reserve activation authority. The
period for which a unit or member is ordered to active duty
pursuant to Reserve activation authority provided under this
paragraph may not be more than 180 days (and is subject to
extension under subsection (i)).
``(2) If the President determines that augmentation of the
active forces may be necessary for an operational mission
that the President authorizes to be carried out, the
President may, on or after the date on which the President
authorizes that mission to be carried out, provide Reserve
activation authority with respect to a total of not more than
25,000 members of the Selected Reserve. The period for which
a unit or member is ordered to active duty pursuant to
Reserve activation authority provided under this paragraph
may not be more than 90 days.
``(3) The term `Reserve activation authority' means
authority provided by the President to the Secretary of
Defense and the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service of the
Navy to order to active duty (other than for training)
without the consent of the members concerned (A) any unit of
the Selected Reserve, and (B) any member of the Selected
Reserve not assigned to a unit organized to serve as a unit.
``(4) This section applies notwithstanding the provisions
of section 673(a) of this title or any other provision of
law.''.
(b) Period of Extension of Active Duty.--Subsection (i) of
such section is amended in the first sentence--
(1), by striking out ``is ordered to active duty under this
section'' and inserting in lieu thereof ``is ordered to
active duty under authority provided under subsection
(a)(1)''; and
(1) by striking out ``90 additional days'' and inserting in
lieu thereof ``180 additional days''.
(c) Conforming Amendment Concerning Notice to Congress of
Use of Activation Authority.--Subsection (f) of such section
is amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding at the end the following:
``(2) Whenever a unit or member of the Selected Reserve is
ordered to active duty under authority provided under
subsection (a)(2), the Secretary of Defense or the Secretary
of Transportation, as the case may be, shall submit, within
24 hours after issuing such order, a report to Congress, in
writing, setting forth the circumstances necessitating the
action taken and describing the anticipated use of the units
or members ordered to active duty.''.
SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
(a) In General.--Section 526 of title 10, United States
Code, is amended by adding at the end the following:
``(d)(1) Within the numbers authorized under subsections
(a) and (b), there shall be, at a minimum, the following
Reserve general and flag officers serving in the National
Guard Bureau, the Office of a Chief of a reserve component,
or the headquarters of a reserve component command:
Army National Guard of the United
States................................ 3 general officers.
Army Reserve........................... 3 general officers.
Naval Reserve.......................... 3 flag officers.
Air National Guard of the United States 3 general officers.
Air Force Reserve...................... 3 general officers.
``(2) Within the numbers authorized under subsections (a)
and (b), there shall be (in addition to the officers
specified in paragraph (1)) a Reserve general or flag officer
who is assigned as the Military Executive to the Reserve
Forces Policy Board.
``(e) The limitation of this section does not apply to a
reserve general or flag officer who is on active duty for
training or who is on active duty under a call or order
specifying a period of less than 180 days.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect at the end of the 90-day period beginning
on the date of the enactment of this Act.
SEC. 513. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.
Section 101(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7)(A) The term `active Guard and Reserve duty' means
active duty or full-time National Guard duty performed by a
member of a reserve component of the Army, Navy, Air Force,
or Marine Corps or of the National Guard pursuant to an order
to active duty or full-time National Guard duty for a period
of more than 180 consecutive days for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components.
``(B) Such term does not include the following:
``(i) Duty performed as a member of the Reserve Forces
Policy Board provided for under section 175 of this title.
``(ii) Duty performed as a property and fiscal officer
under section 708 of title 32.
``(iii) Duty performed in connection with drug interdiction
and counter-drug activities under section 112 of title 32.
``(iv) Duty performed as a general or flag officer.
``(v) Service as a State director of the Selective Service
System under section 10(b)(2) of the Military Selective
Service Act (50 U.S.C. App. 460(b)(2)).''.
SEC. 514. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO
TRANSFER OF REGULAR ENLISTED MEMBERS TO THE
RETIRED RESERVE.
(a) Army.--Section 3914 of title 10, United States Code, is
amended by striking out the second and third sentences.
(b) Air Force.--Section 8914 of such title, is amended by
striking out the second and third sentences.
SEC. 515. GUARD AND RESERVE TRANSITION INITIATIVES.
(a) Section 1331a(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding the provisions of section 4415(2) of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2714), the Secretary concerned
may, consistent with the other provisions of this section,
provide the notification required by section 1331(d) of this
title to a member who no longer meets the qualifications for
membership in the Selected Reserve solely because the member
is unfit because of physical disability. Such notification
may not be made if the disability is the result of the
member's intentional misconduct, willful neglect, or willful
failure to comply with standards and qualifications for
retention established by the Secretary concerned or was
incurred during a period of unauthorized absence.''.
(b) Section 4416 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is
amended--
(1) by striking out subsection (d) and inserting in lieu
thereof the following:
``(d) Annual Payment Period.--An annual payment granted to
a member under this section shall be paid for the number of
years specified by the Secretary concerned. Such number shall
be one or more but not more than five, except that the
entitlement to the annual payment shall terminate on the
member's 60th birthday.'';
(2) by adding at the end of subsection (e) the following
new paragraph:
``(3) In the case of a member who will attain 60 years of
age during the 12-month period following the date on which an
annual payment is due, the payment shall be paid on a
prorated basis of one-twelfth of the annual payment for each
full month between the date on which the payment is due and
the date on which the member attains age 60.''; and
(3) by adding at the end the following new subsection:
``(i) Coordination With Retired Pay.--A member who has
received one or more annual payments under this section
shall, upon entitlement to retired pay under chapter 67 of
this title, have deducted from each payment of such retired
pay 50 percent of such payment until the total amount
deducted is equal to the total amount of payments received
under this section.''.
Subtitle C--Other Matters
SEC. 521. REPEAL OF REQUIRED REDUCTION IN RECRUITING
PERSONNEL.
Section 431 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2400) is
repealed.
SEC. 522. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS.
(a) Involuntary Separation Benefits and Services.--Chapter
58 of title 10, United States Code, is amended as follows:
(1) Section 1141 is amended in the matter preceding
paragraph (1)--
(A) by striking out ``Army, Navy, Air Force, or Marine
Corps'' and inserting in lieu thereof ``armed forces''; and
(B) by striking out ``or on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1994'' and inserting in lieu thereof ``or after
November 29, 1993, or, with respect to a member of the Coast
Guard, if the member was on active duty in the Coast Guard
after September 30, 1994,''.
(2) Section 1143 is amended--
(A) in the heading, by striking out ``: Department of
Defense'';
(B) in subsection (a), by inserting ``and the Secretary of
Transportation with respect to the Coast Guard'' after
``Secretary of Defense'' and by striking out ``under the
jurisdiction of the Secretary'';
(C) in subsection (b), by adding at the end the following
new sentence: ``The Secretary of Transportation shall
establish permanent employment assistance centers at
appropriate Coast Guard installations.'';
(D) in subsection (c), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(E) in subsection (d), by adding at the end the following
new sentence: ``The Secretary of Transportation shall provide
the same preference in hiring to involuntarily separated
members of the Coast Guard, and the dependents of such
members, in Coast Guard nonappropriated fund
instrumentalities.''.
(3) Section 1143a is amended--
(A) in the heading by striking out ``: Department of
Defense''; and
(B) by adding at the end the following new subsection:
``(h) This section shall apply to the Coast Guard in the
same manner and to the same extent as it applies to the
Department of Defense. The Secretary of Transportation shall
implement the requirements of this section for the Coast
Guard.''.
(4) Section 1145 is amended by adding at the end the
following new subsection:
``(e) The provisions of this section shall apply to members
of the Coast Guard (and their dependents) involuntarily
separated from active duty during the five-year period
beginning on October 1, 1994. The Secretary of Transportation
shall implement this section for the Coast Guard.''.
(5) Section 1146 is amended by adding at the end the
following new sentence: ``The Secretary of Transportation
shall implement this provision for Coast Guard members
involuntarily separated during the five-year period beginning
October 1, 1994.''.
(6) Section 1147(a) is amended--
(A) by inserting ``(1)'' before ``The Secretary of a
military department''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Transportation may prescribe
regulations to permit members of the Coast Guard who are
involuntarily separated during the five-year period beginning
October 1, 1994, to continue for not more than 180 days after
the date of such separation to reside (along with others of
the member's household) in military family housing provided
or leased by the Coast Guard to the individual as a member of
the armed forces.''.
(7) Section 1148 is amended by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense''.
(8) Section 1149 is amended--
(A) by inserting ``or the Secretary of Transportation with
respect to the Coast Guard'' after ``Secretary of Defense'';
and
(B) by striking out ``of the military department''.
(9) Section 1150 is amended by adding at the end the
following new subsection:
``(c) Coast Guard.--This section shall apply to the Coast
Guard in the same manner and to the same extent as it applies
to the Department of Defense. The Secretary of Transportation
shall prescribe regulations to implement this section for the
Coast Guard.''.
(10) The table of sections at the beginning of the chapter
is amended by striking out ``: Department of Defense'' in the
items relating to section 1143 and 1143a.
(b) Special Separation Benefit.--Section 1174a of title 10,
United States Code, is amended--
(1) in subsection (a), by striking out ``of each military
department'' and inserting in lieu thereof ``concerned'';
(2) in subsection (d), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned'';
(3) in subsection (e)(3), by striking out ``of the military
department''; and
(4) in subsection (h), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned''.
(c) Voluntary Separation Incentive.--Section 1175 of title
10, United States Code, is amended--
(1) in subsections (a) and (b), by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense'';
(2) in subsection (c), by striking out ``of the military
department'';
(3) in subsection (g), by inserting ``and the Department of
Transportation for the Coast Guard'' before the period at the
end;
(4) in subsection (h)(3), by inserting ``except for
payments to members of the Coast Guard'' after ``under this
section''; and
(5) in subsection (i), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''.
(d) Temporary Early Retirement Authority.--Section 4403 of
the Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484, 106 Stat. 2702, 10 U.S.C. 1293 note) shall apply
to the Coast Guard in the same manner and to the same extent
as that provision applies to the Department of Defense. The
Secretary of Transportation shall implement the provisions of
that section with respect to the Coast Guard and apply the
applicable provisions of title 14, United States Code,
relating to retirement of Coast Guard personnel.
(e) Effective Date.--This section and the amendments made
by this section shall apply only to members of the Coast
Guard who are involuntarily separated after September 30,
1994.
SEC. 523. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT TO
COAST GUARD.
(a) Establishment of Permanent Grade of Chief Warrant
Officer, W-5.--(1) The grade of chief warrant officer, W-5,
is hereby established in the Coast Guard.
(2) Section 571(a) of title 10, United States Code, is
amended by striking out ``Army, Navy, Air Force, and Marine
Corps'' and inserting in lieu thereof ``armed forces''.
(b) Extension of Warrant Officer Management Act Provisions
to Coast Guard Warrant Officers.--Chapter 33A of title 10,
United States Code, is amended as follows:
(1) Section 573(a) is amended--
(A) by striking out ``Secretary of a military department''
in paragraph (1) and inserting in lieu thereof ``Secretary
concerned''; and
(B) by striking out ``of the military department'' in
paragraph (2).
(2) Section 574 is amended by striking out ``Secretary of
each military department'' in subsections (a) and (b) and
inserting in lieu thereof ``Secretary concerned''.
(3) Section 575(b)(2) is amended by inserting ``and the
Secretary of Transportation, when the Coast Guard is not
operating as a service in the Navy,'' after ``Secretary of
Defense''.
(4) Section 576 is amended--
(A) in subsection (a), by striking out ``of the military
department'' in the matter preceding paragraph (1);
(B) in subsection (e), by striking out ``of the military
department''; and
(C) in subsection (f)(2), by striking out ``of the military
department''.
(5) Section 580 is amended--
(A) in subsection (a)(4)(B), by inserting ``, or severance
pay computed under section 286a of title 14, as
appropriate,'' after ``section 1174 of this title''; and
(B) in subsection (e)(6), by inserting ``and the Secretary
of Transportation when the Coast Guard is not operating as a
service in the Navy,'' after ``Secretary of Defense''.
(6) Section 581(a) is amended by striking out ``in the
Army, Navy, Air Force, or Marine Corps''.
(c) Transition for Certain Regular Warrant Officers Serving
in a Higher Temporary Grade Below Chief Warrant Officer, W-
5.--(1) A regular warrant officer of the Coast Guard who on
the effective date of this section is on active duty and--
(A) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade;
(B) is on a list of officers recommended for promotion to a
temporary grade below chief warrant officer W-5; or
(C) is on a list of officers recommended for promotion to a
permanent grade higher than the grade in which that warrant
officer is serving;
shall be considered to have been recommended by a board
convened under section 573 of title 10, United States Code,
as amended by this subsection (b), for promotion to the
permanent grade equivalent to the grade in which that warrant
officer is serving or for which that warrant officer has been
recommended for promotion, as the case may be.
(2) An officer referred to in subparagraph (A) of paragraph
(1) who is not promoted to the grade to which that warrant
officer is considered under such subsection to have been
recommended for promotion because that officer's name is
removed from a list of officers who are considered under such
paragraph to have been recommended for promotion shall be
considered by a board convened under section 573 of title 10,
United States Code, as amended by subsection (b), for
promotion to the permanent grade equivalent to the temporary
grade in which that warrant officer was serving on the
effective date of this section as if that warrant officer
were serving in the permanent grade.
(3) The date of rank of an officer referred to in paragraph
(1)(A) who is promoted to the grade in which that warrant
officer is serving on the effective date of this section is
the date of that officer's temporary appointment in that
grade.
(d) Transition for Certain Reserve Warrant Officers Serving
in a Higher Temporary Grade Below Chief Warrant Officer, W-
5.--(1)(A) Except as provided in paragraph (2), a reserve
warrant officer of the Coast Guard who on the effective date
of this section is subject to placement on the warrant
officer active-duty list and who--
(i) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade; or
(ii) is on a list of warrant officers recommended for
promotion to a temporary grade below chief warrant officer,
W-5, that is the same as or higher than that warrant
officer's permanent grade;
shall be considered to have been recommended by a board
convened under section 598 of title 10, United States Code,
for promotion to the permanent grade equivalent to the grade
in which the warrant officer is serving or for which that
warrant officer has been recommended for promotion, as the
case may be.
(B) The date of rank of a warrant officer referred to in
subparagraph (A)(i) who is promoted to the grade in which
that warrant officer is considered under such subparagraph to
have been recommended for promotion is the date of the
temporary appointment of that warrant officer in that grade.
(2) A reserve warrant officer of the Coast Guard who on the
effective date of this section--
(A) is subject to placement on the warrant officer active-
duty list;
(B) is serving on active duty in a temporary grade; and
(C) holds a permanent grade higher than the temporary grade
in which that warrant officer is serving;
shall while continuing on active duty retain such temporary
grade and shall be considered for promotion to a grade equal
to or lower than the permanent grade as if such temporary
grade is a permanent grade. If such warrant officer is
recommended for promotion, the appointment of that warrant
officer to such grade shall be a temporary appointment.
(e) Rank of Coast Guard Warrant Officers.--(1) Subchapter A
of chapter 11 of title 14, United States Code, is amended by
adding at the end the following new section:
``Sec. 215. Rank of warrant officers
``(a) Among warrant officer grades, warrant officers of a
higher numerical designation are senior to warrant officer
grades of a lower numerical designation.
``(b) Warrant officers shall take precedence in the grade
to which appointed in accordance with the dates of their
commissions as commissioned officers in the Coast Guard in
such grade. Precedence among warrant officers of the same
grade who have the same date of commission shall be
determined by regulations prescribed by the Secretary.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
214 the following new item:
``215. Rank of warrant officers.''.
(f) Technical and Conforming Amendments.--(1) Section
1125(a) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 555 note) is repealed.
(2) Section 286a(a) of title 14, United States Code, is
amended by striking out ``section 564(a)(3) of title 10 (as
in effect on the day before the effective date of the Warrant
Officer Management Act)'' and inserting in lieu thereof
``section 580(a)(4)(A) of title 10''.
(3) Section 334(b) of such title is amended by striking out
``section 564 of title 10 (as in effect on the day before the
effective date of the Warrant Officer Management Act) or''
and inserting in lieu thereof ``section 580,''.
(4) Section 41 of such title is amended by striking out
``chief warrant officers, W-4; chief warrant officers, W-3;
chief warrant officers, W-2; cadets; warrant officers, W-1;''
and inserting in lieu thereof ``chief warrant officers;
cadets; warrant officers;''.
(5)(A) Sections 212 and 213 of such title are repealed.
(B) The table of sections at the beginning of chapter 11 of
such title is amended by striking out the items relating to
section 212 and 213.
(6) Section 214 of such title is amended by striking out
subsections (b) and (c).
(7) Section 583 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The active-duty list referred to in section 573(b) of
this title includes the active-duty promotion list
established by section 41a of title 14.''.
(g) Temporary Authority for Involuntary Separation of
Certain Warrant Officers.--Section 580a of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e) This section applies to the Secretary of
Transportation in the same manner and to the same extent as
it applies to the Secretary of Defense. The Commandant of the
Coast Guard shall take the action set forth in subsection (b)
with respect to regular warrant officers of the Coast
Guard.''.
(h) Effective Date.--This section and the amendments made
by this section shall take effect on the later of--
(1) October 1, 1994; or
(2) the first day of the fourth month beginning after the
date of the enactment of this Act.
SEC. 524. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY ENLISTED
MEMBERS IN PAY GRADE E-8.
(a) In General.--Section 517(a) of title 10, United States
Code, is amended by inserting ``(or, in the case of the Army,
2.5 percent)'' after ``may not be more than 2 percent''.
(b) Special Rule for 1995.--The percentage applicable to
enlisted members of the Army in pay grade E-8 under section
517(a) of title 10, United States Code, during 1995 shall be
2.3 percent (rather than the percentage provided by the
amendment made by subsection (a)).
(c) Effective Date.--The amendment made by subsection (a)
shall not apply with respect to the number of enlisted
members of the Army on active duty in pay grade E-8 during
1994.
SEC. 525. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD
EFFECTS DURING PCS MOVES.
(a) Authority To Reimburse.--The Secretary of the military
department concerned may reimburse a member of the Armed
Forces under the Secretary's jurisdiction for a loss
described in subsection (b).
(b) Covered Losses.--This section applies with respect to a
loss of household effects sustained during a move made
incident to a change of permanent station when, as determined
by the Secretary, the loss was caused by a hostile action
incident to war or a warlike action by a military force.
(c) Limitation.--The Secretary may provide reimbursement
under this section for a loss described in subsection (b)
only to the extent that the loss is not reimbursed under
insurance or under the authority of another provision of law.
(d) Effective Date.--The authority provided by this section
applies with respect to losses incurred after June 30, 1990.
SEC. 526. VICTIMS' ADVOCATES PROGRAMS IN DEPARTMENT OF
DEFENSE.
(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, shall establish within each of the military
departments a victims' advocates program to provide
assistance to members of the Armed Forces and their
dependents who are victims of sexual and physical abuse,
unlawful discrimination, or sexual harassment.
(b) Implementation Through Family Advocacy Program.--The
programs under subsection (a) shall, to the extent
practicable, be carried out through Family Advocacy Programs
in the military departments.
(c) Victims Advocate Defined.--For purposes of the programs
under subsection (a), a victims advocate program is a program
in which individuals working in the program serve the
interests of a victim of sexual and physical abuse, unlawful
discrimination, or sexual harassment by providing information
on available benefits and services, assistance in obtaining
those benefits and services, and other appropriate
assistance.
(d) Implementation Report.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the implementation of
this section. The report shall be submitted not later than
six months after the date of the enactment of this Act.
SEC. 527. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS
OF THE ARMED FORCES MAKING ALLEGATIONS OF
SEXUAL HARASSMENT OR UNLAWFUL DISCRIMINATION.
(a) In General.--(1) Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 983. Retaliatory personnel actions prohibited against
members alleging sexual harassment or unlawful
discrimination
``(a) Prohibition of Retaliatory Personnel Actions.--(1) No
person may take (or threaten to take) an unfavorable
personnel action, or withhold (or threaten to withhold) a
favorable personnel action, as a reprisal against a member of
the armed forces for making or preparing a communication
described in subsection (b)(2) to--
``(A) a Member of Congress;
``(B) an Inspector General (as defined in subsection (g));
``(C) a member of a Department of Defense audit,
inspection, investigation, or law enforcement organization;
or
``(D) any other person or organization (including any
person or organization in the chain of command) designated
pursuant to regulations or other established administrative
procedures for such communications.
``(2) Any action prohibited by paragraph (1) (including the
threat to take any action and the withholding or threat to
withhold any favorable action) shall be considered for the
purposes of this section to be a personnel action prohibited
by this subsection.
``(b) Inspector General Investigation of Allegations of
Prohibited Personnel Actions.--(1) If a member of the armed
forces submits to the Department of Defense Inspector General
(or to the Inspector General of the Department of
Transportation, in the case of a member of the Coast Guard
when the Coast Guard is not operating as a service in the
Navy) an allegation that a personnel action prohibited by
subsection (a) has been taken (or threatened) against the
member with respect to a communication described in paragraph
(2), the Inspector General shall expeditiously investigate
the allegation. The Inspector General of the Department of
Defense may not delegate or assign any such investigation to
an office or organization within a military department.
``(2) A communication described in this paragraph is a
communication in which a member of the armed forces complains
of, or discloses information that the member reasonably
believes constitutes evidence of, sexual harassment or
unlawful discrimination.
``(3) The Inspector General is not required to make an
investigation under paragraph (1) in the case of an
allegation made more than 60 days after the date on which the
member becomes aware of the personnel action that is subject
of the allegation.
``(c) Inspector General Investigation of Allegations of
Sexual Harassment or Unlawful Discrimination.--If the
Inspector General considers it necessary, due to evidence of
a biased or inadequate investigation of the underlying
allegation of sexual harassment or unlawful discrimination,
the Inspector General may initiate a separate investigation
of that allegation.
``(d) Reports on Investigations.--(1) Not later than 30
days after completion of an investigation under subsection
(b) or (c), the Inspector General shall submit a report on
the results of the investigation to the Secretary of Defense
(or to the Secretary of Transportation in the case of a
member of the Coast Guard when the Coast Guard is not
operating as a service in the Navy) and the member of the
armed forces who made the allegation.
``(2) In the copy of the report submitted to the member,
the Inspector General shall ensure the maximum disclosure of
information possible, with the exception of information that
is not required to be disclosed under section 552 of title 5.
``(3) If, in the course of an investigation of an
allegation under this section, the Inspector General
determines that it is not possible to submit the report
required by paragraph (1) within 120 days after the date of
receipt of the allegation being investigated, the Inspector
General shall provide to the Secretary of Defense (or to the
Secretary of Transportation in the case of a member of the
Coast Guard when the Coast Guard is not operating as a
service in the Navy) and to the member making the allegation
a notice--
``(A) of that determination (including the reasons why the
report may not be submitted within that time); and
``(B) of the time when the report will be submitted.
``(4) The report on the results of the investigation shall
contain a thorough review of the facts and circumstances
relevant to the allegation and the complaint or disclosure
and shall include documents acquired during the course of the
investigation, including summaries of interviews conducted.
The report may include a recommendation as to the disposition
of the complaint.
``(e) Correction of Records When Prohibited Action Taken.--
(1) A board for the correction of military records acting
under section 1552 of this title, in resolving an application
for the correction of records made by a member or former
member of the armed forces who has alleged a personnel action
prohibited by subsection (a), on the request of the member or
former member or otherwise, may review the matter.
``(2) In resolving an application described in paragraph
(1), a correction board--
``(A) shall review the report of the Inspector General
submitted under subsection (d);
``(B) may request the Inspector General to gather further
evidence; and
``(C) may receive oral argument, examine and cross-examine
witnesses, take depositions, and, if appropriate, conduct an
evidentiary hearing.
``(3) If the board elects to hold an administrative
hearing, the member or former member who filed the
application described in paragaph (1)--
``(A) may be provided with representation by a judge
advocate if--
``(i) the Inspector General, in the report under subsection
(d), finds that there is probable cause to believe that a
personnnel action prohibited by subsection (a) has been taken
(or threatened) against the member with respect to a
communication described in subsection (b)(2);
``(ii) the Judge Advocate General concerned determines that
the case is unusually complex or otherwise requires judge
advocate assistance to ensure proper presentation of the
legal issues in the case; and
``(iii) the member is not represented by outside counsel
chosen by the member; and
``(B) may examine witnesses through deposition, serve
interrogatories, and request the production of evidence,
including evidence contained in the investigatory record of
the Inspector General but not included in the report
submitted under subsection (d).
``(4) The Secretary concerned shall issue a final decision
with respect to an application described in paragraph (1)
within 180 days after the application is filed. If the
Secretary fails to issue such a final decision within that
time, the member or former member shall be deemed to have
exhausted the member's or former member's administrative
remedies under section 1552 of this title.
``(5) The Secretary concerned shall order such action,
consistent with the limitations contained in sections 1552
and 1553 of this title, as is necessary to correct the record
of a personnel action prohibited by subsection (a).
``(6) If the Board determines that a personnel action
prohibited by subsection (a) has occurred, the Board may
recommend to the Secretary concerned that the Secretary take
appropriate disciplinary action against the individual who
committed such personnel action.
``(f) Review by Secretary of Defense.--Upon the completion
of all administrative review under subsection (e), the member
or former member of the armed forces (except for a member or
former member of the Coast Guard when the Coast Guard is not
operating as a service in the Navy) who made the allegation
referred to in subsection (b)(1), if not satisfied with the
disposition of the matter, may submit the matter to the
Secretary of Defense. The Secretary shall make a decision to
reverse or uphold the decision of the Secretary of the
military department concerned in the matter within 90 days
after receipt of such a submittal.
``(g) Post-Disposition Interviews.--After disposition of
any case under this section, the Inspector General shall,
whenever possible, conduct an interview with the person
making the allegation to determine the views of that person
on the disposition of the matter.
``(h) Regulations.--The Secretary of Defense, and the
Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, shall
prescribe regulations to carry out this section.
``(i) Definitions.--In this section:
``(1) The term `unlawful discrimination' means
discrimination on the basis of race, color, religion, sex, or
national origin.
``(2) The term `Member of Congress' includes any Delegate
or Resident Commissioner to Congress.
``(3) The term `Inspector General' means--
``(A) an Inspector General appointed under the Inspector
General Act of 1978; and
``(B) an officer of the armed forces assigned or detailed
under regulations of the Secretary concerned to serve as an
Inspector General at any command level in one of the armed
forces.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``983. Retaliatory personnel actions prohibited against members
alleging sexual harassment or unlawful discrimination.''.
(b) Deadline for Regulations.--The Secretary of Defense and
the Secretary of Transportation shall prescribe the
regulations required by subsection (g) of section 983 of
title 10, United States Code, as added by subsection (a), not
later than 120 days after the date of the enactment of this
Act.
(c) Content of Regulations.--In prescribing regulations
under section 983 of title 10, United States Code, as added
by subsection (a), the Secretary of Defense and the Secretary
of Transportation shall provide for due process procedures
for the subject of any investigation carried out under the
provisions of that section, including a process for appeal
and review of investigative findings.
(d) Effective Date.--Section 983 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
any personnel action taken (or threatened to be taken) on or
after the date of the enactment of this Act as a reprisal
prohibited by subsection (a) of that section.
SEC. 528. ANNUAL REPORT ON PERSONNEL READINESS.
(a) Required Assessment.--The Secretary of Defense shall
submit to Congress an annual report on trends in recruiting,
retention, and personnel readiness.
(b) Data To Be Collected.--Each annual report under
subsection (a) shall include the following information with
respect to the preceding fiscal year for the active
components of each of the Armed Forces under the jurisdiction
of the Secretary (as well as such additional information as
the Secretary considers appropriate):
(1) The numbers and rates of temporary and permanent
nondeployability of members of the Armed Forces, displayed by
cause of nondeployability, rank, and gender.
(2) The numbers and rates of complaints and allegations
involving gender and other unlawful discrimination and sexual
harassment, and the rates of substantiation for those
complaints and allegations.
(3) The numbers and rates of disciplinary proceedings,
displayed (A) by offense or infraction committed, (B) by
gender, rank, and race, and (C) by the categories specified
in paragraph (2).
(4) The retention rates, by gender, rank, and race, with an
analysis of factors influencing those rates.
(5) The propensity of persons to enlist, displayed by
gender and race, with an analysis of the factors influencing
those propensities.
(c) Submission to Congress.--The Secretary shall submit the
report under this section for any fiscal year as part of the
annual Department of Defense posture statement provided to
Congress in connection with the Department of Defense budget
request for that fiscal year.
(d) Initial Submission.--The first report under this
section shall be submitted in connection with the Department
of Defense budget request for fiscal year 1996 and shall
include data, to the degree such data already exists, for
fiscal years after fiscal year 1991.
SEC. 529. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS.
(a) Outreach Program to Persian Gulf Veterans and
Families.--The Secretary of Defense shall institute a
comprehensive outreach program to inform members of the Armed
Forces who served in the Southwest Asia theater of operations
during the Persian Gulf Conflict, and the families of such
members, of illnesses that may result from such service. The
program shall be carried out through both medical and command
channels, as well as any other means the Secretary considers
appropriate. Under the program, the Secretary shall--
(1) inform such individuals regarding--
(A) common disease symptoms reported by Persian Gulf
veterans that may be due to service in the Southwest Asia
theater of operations;
(B) blood donation policy;
(C) available counseling and medical care for such members;
and
(D) possible health risks to children of Persian Gulf
veterans;
(2) inform such individuals of the procedures for
registering in either the Persian Gulf Veterans Health
Surveillance System of the Department of Defense or the
Persian Gulf War Health Registry of the Department of
Veterans Affairs; and
(3) encourage such members to report any symptoms they may
have and to register in the appropriate health surveillance
registry.
(b) Incentives to Persian Gulf Veterans To Register.--In
order to encourage Persian Gulf veterans to register any
symptoms they may have in one of the existing health
registries, the Secretary of Defense shall provide the
following:
(1) For any Persian Gulf veteran who is on active duty and
who registers with the Department of Defense's Persian Gulf
War Veterans Health Surveillance System, a full medical
evaluation and any required medical care.
(2) For any Persian Gulf War veteran who is, as of the date
of the enactment of this Act, a member of a reserve
component, opportunity to register at a military medical
facility in the Persian Gulf Veterans Health Care
Surveillance System and, in the case of a Reserve who
registers in that registry, a full medical evaluation by the
Department of Defense. Depending on the results of the
evaluation and on eligibility status, reserve personnel may
be provided medical care by the Department of Defense.
(3) For a Persian Gulf veteran who is not, as of the date
of the enactment of this Act, on active duty or a member of a
reserve component, assistance and information at a military
medical facility on registering with the Persian Gulf War
Registry of the Department of Veterans Affairs and
information related to support services provided by the
Department of Veterans Affairs.
(c) Compatability of Department of Defense and Department
of Veterans Affairs Registries.--The Secretary of Defense
shall ensure that the Department of Defense Persian Gulf
Veterans Health Surveillance System register is compatible
with the Persian Gulf War Registry maintained by the
Department of Veterans Affairs and that all information on
individuals who register with the Department of Defense
system is provided to the Department of Veterans Affairs for
incorporation into the Persian Gulf War Registry.
(d) Presumptions on Behalf of Service Member.--(1) A member
of the Armed Forces who is a Persian Gulf veteran, who has
symptoms of illness, and who the Secretary concerned finds
may have become ill as a result of serving on active duty in
the Southwest Asia theater of operations during the Persian
Gulf War shall be considered for Department of Defense
purposes to have become ill as a result of serving in that
theater of operations.
(2) A member of the Armed Forces who is a Persian Gulf
veteran and who reports being ill as a result of serving on
active duty in the Southwest Asia theater of operations
during the Persian Gulf War shall be considered for
Department of Defense purposes to have become ill as a result
of serving in that theater of operations until such time as
the weight of medical evidence establishes other cause or
causes of the member's illness.
(3) The Secretary concerned shall ensure that, for the
purposes of health care treatment by the Department of
Defense, health care and personnel administration, and
disability evaluation by the Department of Defense, the
symptoms of any member of the Armed Forces covered by
paragraph (1) or (2) are examined in light of the member's
service in the Persian Gulf War and in light of the reported
symptoms of other Persian Gulf veterans. The Secretary shall
ensure that, in providing health care diagnosis and treatment
of the member, a broad range of potential causes of the
member's symptoms are considered and that the member's
symptoms are considered collectively, as well as by type of
symptom or medical speciality, and that treatment across
medical specialties is coordinated appropriately.
(4) The Secretary of Defense shall ensure that the
presumptions of service connection and illness specified in
paragraphs (1) and (2) are incorporated in appropriate
service medical and personnel regulations and are widely
disseminated throughout the Department of Defense.
(e) Revision of the Physical Evaluation Board Criteria.--
(1) The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs and the Secretary of Health and
Human Services, shall ensure that case definitions of Persian
Gulf related illnesses, as well as the Physical Evaluation
Board criteria used to set disability ratings for members no
longer medically qualified for continuation on active duty,
are established as soon as possible to permit accurate
disability ratings related to a diagnosis of Persian Gulf
illnesses.
(2) Until revised disability criteria can be implemented
and members of the Armed Forces can be rated against those
criteria, the Secretary of Defense shall ensure--
(A) that any member of the Armed Forces on active duty who
may be suffering from a Persian Gulf-related illness is
afforded continued military medical care; and
(B) that any member of the Armed Forces on active duty who
is found by a Physical Evaluation Board to be unfit for
continuation on active duty as a result of a Persian Gulf-
related illness for which the board has no rating criteria
(or inadequate rating criteria) for the illness or condition
from which the member suffers is placed on the temporary
disability retired list .
(f) Review of Records and Rerating of Previously Discharged
Gulf War Veterans.--(1) The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
ensure that a review is made of the health and personnel
records of each Persian Gulf veteran who before the date of
the enactment of this Act was discharged from active duty, or
was medically retired, as a result of a Physical Evaluation
Board process.
(2) The review under paragraph (1) shall be carried out to
ensure that former Persian Gulf veterans who may have been
suffering from a Persian Gulf-related illness at the time of
discharge or retirement from active duty as a result of the
Physical Evaluation Board process are revaluated in
accordance with the criteria established in subsection (c)(1)
and, if appropriate, are rerated.
(g) Persian Gulf Illness Medical Referral Centers.--The
Secretary of Defense shall evaluate the feasibility of
establishing one or more medical referral centers to provide
uniform, coordinated medical care for Persian Gulf veterans
on active duty who are or may be suffering from a Persian
Gulf-related illness. The Secretary shall submit a report on
such feasibility to the Committees on Armed Services of the
Senate and House of Representatives not later than six months
after the date of the enactment of this Act.
(h) Annual Report to Congress.--(1) The Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives an annual report on--
(A) efforts taken and results achieved in notifying members
of the Armed Forces and their families as part of the
outreach program required by subsection (a);
(B) efforts taken to revise the Physical Evaluation Board
disability rating and interim efforts to adjudicate cases
before the revision of the criteria; and
(C) results of the review and rerating of previously
separated servicemembers.
(2) The first report under paragraph (1) shall be submitted
not later than 120 days after the date of the enactment of
this Act.
(i) Persian Gulf Veteran.--For purposes of this section, a
Persian Gulf veteran is an individual who served on active
duty in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf Conflict.
SEC. 530. UPGRADE OF ARMED FORCES STAFF COLLEGE WARGAMING AND
OTHER CAPABILITIES.
(a) Findings.--The Congress makes the following findings:
(1) The Congress and the Department of Defense have
envisioned the Armed Forces Staff College as the premier
educational institution for joint operational planning and
warfighting.
(2) The mission of the college is to educate staff officers
and other leaders in joint and combined operational planning
and warfighting in order to instill a primary commitment to
joint teamwork, attitudes, and perspective.
(3) The intention of the Congress and the Department of
Defense is that the college be a ``hands-on'' school,
preparing officers for joint duty assignments through
extensive use of case studies and war games that focus on the
specifics of joint warfare and involve theaters of war set in
both developed and underdeveloped regions.
(4) The inadequate wargaming capability at the college does
not allow for a hands-on approach, nor does the current
capability and associated facilities, in particular, the
antiquated and decaying library, support an atmosphere in
which students are able to develop critical thinking skills
and problem-solving abilities as they pertain to joint
operational planning and warfighting.
(5) In order for the college to fulfill its mission to
educate officers in joint matters with a curriculum that is
hands-on from the first day of school until the last, the
college must be able to run war games and practical exercises
simultaneously whenever the curriculum dictates. To meet this
requirement, the college must have its own wargaming
facility.
(6) Neither the Joint Warfighting Center, which Congress
strongly supported in Public Law 103-160, nor a proposed
wargaming facility for the United States Atlantic Command
(both of which will be located miles from the college), can
fulfill the unique, continuous, on-campus educational
requirements of the college.
(7) Off-site facilities cannot sustain the evolution of the
college to fulfill its potential as a research center for
joint operational excellence whose faculty and advanced
students achieve the highest levels of ability in critical
thinking and problem solving regarding joint matters and, as
a consequence, are capable of using wargaming, simulation,
and other analytical techniques to develop and evaluate
advanced warfighting and campaign concepts and doctrine for
the future employment of joint forces.
(8) The Congress, in the joint statement of managers to
accompany the bill H.R. 2401 of the 103d Congress--
(A) noted that there were ``no current Department of
Defense plans to upgrade the wargaming capability at the
Armed Forces Staff College'';
(B) urged ``that this situation be corrected and that the
Department of Defense, particularly the Chairman of the Joint
Chiefs of Staff and the Secretary of the Navy, develop plans
for a wargaming capability at AFSC comparable to those at the
Army, Navy, and Air Force professional military education
schools''; and
(C) stated that the conferees ``expect the Department of
Defense budget for fiscal year 1995 to contain a request for
funding to upgrade the wargaming capability at AFSC.''.
(9) The Department of Defense budget request for fiscal
year 1995 did not contain a request for funding to upgrade
the Armed Forces Staff College wargaming capability.
(b) Required Actions.--The Secretary of Defense shall--
(1) upgrade the wargaming capability at the Armed Forces
Staff College to make that capability, at a minimum,
comparable to the wargaming capability at the Army, Navy, and
Air Force professional military education schools;
(2) survey the other facilities and capabilities of the
college (in particular, the library and the classroom
instruction facilities) and upgrade them to make them
comparable to the facilities and capabilities at the Army,
Navy, and Air Force professional military education schools;
(3) include a request for funding the upgrades under
paragraphs (1) and (2) in the Department of Defense budget
for fiscal year 1996; and
(4) submit to the congressional defense committees, not
later than January 15, 1995, a plan for executing those
upgrades.
SEC. 531. PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR
FEES FOR ATTENDANCE AT CERTAIN ACADEMIES.
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at
an academy named in subsection (c) may be imposed unless the
charge or fee is specifically authorized by a law enacted
after the date of the enactment of this Act.
(b) Exception.--The prohibition specified in subsection (a)
shall not apply with respect to any item or service provided
to cadets or midshipmen at an academy named in subsection (c)
for which a charge or fee is imposed as of the date of the
enactment of this Act. The Secretary of Defense or the
Secretary of Transportation, as the case shall be, shall
notify the Congress of any change made by an academy in the
amount of a charge or fee authorized under this subsection.
(c) Covered Academies.--This section applies to the
following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
SEC. 532. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN STUDENTS
AT FOREIGN LANGUAGE CENTER OF THE DEFENSE
LANGUAGE INSTITUTE.
(a) Admission of Civilians as Students.--(1) The Secretary
of the Army may enter into an agreement with an accredited
institution of higher education (or a consortium of such
institutions) under which students enrolled at an institution
of higher education that is a party to the agreement may
receive instruction at the Foreign Language Center of the
Defense Language Institute on a cost-reimbursable, space-
available basis.
(2) The Secretary may also permit other persons who would
benefit from the instruction provided at the Center, as
determined by the Secretary, to receive instruction at the
Center on a cost-reimbursable, space-available basis.
(b) Selection and Attendance.--(1) The Secretary shall
select the persons who will be permitted to receive
instruction at the Center pursuant to subsection (a). In the
case of agreements under subsection (a)(1), the Secretary
shall consult with the other parties to the agreements to
establish qualifications and methods of selection for persons
to receive instruction at the Center.
(2) Except as the Secretary determines necessary, a person
who receives instruction at the Center pursuant to subsection
(a) shall be subject to the same regulations governing
attendance, discipline, discharge, and dismissal as apply to
other persons attending the Center.
(c) Retention of Funds.--Amounts collected under subsection
(a) to reimburse the Center for the costs of providing
instruction to students under subsection (a) shall be
credited to funds available for compensation of instructors
at the Center and to defray direct civilian student costs to
the school.
(d) Center Defined.--For purposes of this section, the term
``Center'' means the Foreign Language Center of the Defense
Language Institute.
(e) Expiration of Authority.--No student may be admitted to
the Center under subsection (a) to commence classes beginning
after September 30, 1997.
SEC. 533. SENSE OF CONGRESS CONCERNING APPROPRIATE DEPARTMENT
OF DEFENSE FORCE STRUCTURE THROUGH 1997.
It is the sense of Congress that--
(1) through 1997 the United States should have--
(A) not less than 520,000 personnel in the active forces of
the Army;
(B) not less than 11 active aircraft carriers and one
reserve aircraft carrier in the Navy;
(C) not less than 20 active and reserve fighter wings in
the Air Force; and
(D) not less than 174,000 personnel in the active forces of
the Marine Corps;
(2) funding for national defense for fiscal years 1995
through 1997 should be established at a level sufficient to
support the force structure described in paragraph (1) and to
ensure that the United States does not have a hollow force;
and
(3) the force structure described in paragraph (1)
represents the minimum level which should be maintained, but
the President should be willing to increase defense spending
to meet new or existing threats.
SEC. 534. DISCHARGE OF MEMBERS WHO ARE PERMANENTLY
NONWORLDWIDE ASSIGNABLE.
(a) In General.--(1) Chapter 59 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1177. Members who are permanently nonworldwide
assignable: mandatory discharge or retirement; counseling
``(a) Required Separation.--A member of the armed forces
who is classified as permanently nonworldwide assignable due
to a medical condition shall (except as provided in
subsection (c)) be separated. Such separation shall be made
on a date determined by the Secretary concerned, which
(except as provided in subsection (b)(2)) shall be as soon as
practicable after the date on which the determination is made
that the member should be so classified and not later than
the last day of the twelfth month beginning after that date.
``(b) Form of Separation.--(1) If a member to be separated
under this section is eligible to retire under any provision
of law or to be transferred to the Fleet Reserve or Fleet
Marine Corps Reserve, the member shall be so retired or so
transferred. Otherwise, the member shall be discharged.
``(2) In the case of a member to be discharged under this
section who on the date on which the member is to be
discharged is within two years of qualifying for retirement
under any provison of law, or of qualifying for transfer to
the Fleet Reserve or Fleet Marine Corps Reserve under section
6330 of this title, the member may, as determined by the
Secretary concerned, be retained on active duty until the
member is qualified for retirement or transfer to the Fleet
Reserve or Fleet Marine Corps Reserve, as the case may be,
and then be so retired or transferred, unless the member is
sooner retired or discharged under any other provision of
law.
``(c) Exceptions.--The Secretary concerned may waive
subsection (a) with respect to an individual member of the
armed forces under the jurisdiction of that Secretary if the
Secretary determines that there are circumstances that
warrant the retention of that member. Such circumstances may
include--
``(1) consideration that the medical condition making the
member permanently nonworldwide assignable was incurred in
combat or otherwise as the result of an action of the member
for which the member received a decoration or other
recognition for personal bravery;
``(2) consideration that the member has a specific
proficiency or skill that is vital to the national security;
and
``(3) any other circumstance that the Secretary considers
to be for the good of the service.
``(d) Counseling About Available Medical Care.--A member to
be separated under this section shall be provided
information, in writing, before such separation of the
available medical care (through the Department of Veterans
Affairs and otherwise) to treat the member's condition. Such
information shall include identification of specific medical
locations near the member's home of record or point of
discharge at which the member may seek necessary medical
care.
``(e) Separation To Be Considered Involuntary.--A
separation under this section shall be considered to be an
involuntary separation for purposes of any other provision of
law.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1177. Members who are permanently nonworldwide assignable: mandatory
discharge or retirement; counseling.''.
(b) Effective Date.--Section 1177 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to members determined to be permanently nonworldwide
assignable by reason of a medical condition before, on, or
after the date of the enactment of this Act. In the case of
such a determination made before the date of the enactment of
this Act, the period for the separation of the member
specified in subsection (a) of such section shall be treated
as beginning on the date of the enactment of this Act.
(c) Conforming Amendment.--Section 1174(a)(1) of title 10,
United States Code, is amended by striking out ``section
580'' and inserting in lieu thereof ``section 580, 1177,''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.
(a) Waiver of Section 1009 Adjustment.--Any adjustment
required by section 1009 of title 37, United States Code, in
elements of compensation of members of the uniformed services
to become effective during fiscal year 1995 shall not be
made.
(b) Increase in Basic Pay, BAS, and BAQ.--Effective on
January 1, 1995, the rates of basic pay, basic allowance for
subsistence, and basic allowance for quarters of members of
the uniformed services are increased by 2.6 percent.
(c) Increase in Cadet and Midshipman Pay.--Effective on
January 1, 1995, section 203(c)(1) of title 37, United States
Code, is amended by striking out ``$543.90'' and inserting in
lieu thereof ``$558.04''.
(d) Uniformed Services Defined.--For purposes of this
section, the term ``uniformed services'' does not include the
Coast Guard.
SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE
UNIFORMED SERVICES ASSIGNED TO HIGH COST AREAS
IN THE CONTINENTAL UNITED STATES.
(a) Allowance Required.--(1) Chapter 7 of title 37 is
amended by inserting after section 403a the following new
section:
``Sec. 403b. Cost-of-living allowance in the continental
United States
``(a) Members Eligible.--(1) A member of the uniformed
services who is assigned to a high cost area in the
continental United States is entitled to a cost-of-living
allowance under this section.
``(2) A member who is assigned to an unaccompanied tour of
duty outside the continental United States is entitled to a
cost-of-living allowance under this section if the dependents
of the member reside in a high cost area in the continental
United States.
``(3) A member who is assigned to duty in the continental
United States and whose dependents, due to the duty location
or other circumstances, must reside in a high cost area in
the continental United States, may be paid a cost-of-living
allowance under this section based on the area where the
dependents reside if it would be inequitable to base the
allowance on the duty location of the member.
``(b) Exceptions or Conditions.--(1) A member of the
uniformed services who is otherwise entitled to a cost-of-
living allowance under this section is not entitled to the
allowance for the number of days during which travel is
authorized while changing permanent duty stations.
``(2) A member of a reserve component is not entitled to a
cost-of-living allowance under this section unless the member
is on active duty under a call or order that specifies a tour
of active duty of 140 days or more or states that the active
duty is in support of a contingency operation.
``(c) Annual Allowance Threshold.--Based on the amount of
funds available for a fiscal year to provide cost-of-living
allowances under this section, the Secretary of Defense shall
establish annually an allowance threshold to represent the
percentage by which the cost of living of an area must exceed
the national average cost of living in order to qualify the
area as a high cost area for payment of the cost-of-living
allowance to members of the uniformed services described in
subsection (a). However, the allowance threshold for a fiscal
year may not be less than 1.05 nor more than 1.08.
``(d) Determination of National and Area Cost of Livings.--
(1) The Secretary of Defense shall establish the cost-of-
living allowance for a fiscal year by using the Consumer
Price Index (as determined by the Bureau of Labor Statistics
of the Department of Labor) or by using a comparable index
developed in the private sector to determine a national
average cost of living and the cost of living for various
areas in the continental United States. To determine the cost
of living of members of the uniformed services, the Secretary
shall consider nonhousing costs (such as transportation,
goods, and services) incurred by members of the uniformed
services and average income tax paid by such members. The
Secretary shall reduce the amounts determined to exclude cost
savings attributable to military facilities (such as
commissary, military exchange, and military health care
benefits) and any military subsistence allowance.
``(e) Allowance Factor.--The factor used in a particular
high cost area to calculate the amount of the cost-of-living
allowance for a fiscal year for members of the uniformed
services described in subsection (a) shall be equal to the
difference between--
``(1) the cost of living for the high cost area divided by
the national average cost of living; and
``(2) the allowance threshold established under subsection
(c) for that year.
``(f) Amount of Allowance.--The cost-of-living allowance of
a member of the uniformed services described in subsection
(a) who is covered by a particular high cost area is equal to
the product of the basic pay of the member and the allowance
factor for that high cost area determined under subsection
(e). The Secretary shall adjust the amount determined to
maintain after-tax purchasing power of the allowance.
``(g) Definitions.--In this section--
``(1) the term `high cost area' means an area in the
continental United States in which the cost of living, with
respect to a particular fiscal year, exceeds the national
average cost of living by a percentage greater than the
allowance threshold established for that fiscal year under
subsection (c);
``(2) the term `continental United States' means the 48
contiguous States and the District of Columbia; and
``(3) the term `uniformed services' does not include the
Coast Guard.''.
(2) The table of sections at the beginning of chapter 7 of
title 37, United States Code, is amended by inserting after
the item relating to section 403a the following new item:
``403b. Cost-of-living allowance in the continental United States.''.
(b) Application of Amendment.--The Secretary of Defense may
not provide a cost-of-living allowance under section 403b of
title 37, United States Code, as added by subsection (a),
before July 1, 1995.
SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE TO
MEMBERS OF SENIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) Increase.--Section 209(a) of title 37, United States
Code, is amended by striking out ``$100 a month'' in the
first sentence and inserting in lieu thereof ``$150 a
month''.
(b) Application of Increase.--(1) Except as provided in
paragraph (2), the amendments made by subsection (a) shall
apply with respect to months beginning after August 31, 1995.
(2) Upon the approval of the Secretary of Defense, the
Secretary of a military department may implement such
amendments at an earlier date with respect to members of the
Senior Reserve Officers' Training Corps under the
jurisdiction of the Secretary if funds are available for the
monthly subsistence allowances authorized by such amendments.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. INCREASE IN AUTHORIZED INCENTIVE SPECIAL PAY FOR
CERTIFIED REGISTERED NURSE ANESTHETISTS.
Section 302e(a)(1) of title 37, United States Code, is
amended by striking out ``$6,000'' and inserting in lieu
thereof ``$15,000''.
SEC. 612. EXTENSION OF AUTHORITY FOR PAYMENT OF AVIATION
OFFICER RETENTION BONUS
Section 301b(a) of title 37, United States Code, is amended
by striking out ``September 30, 1994'' and inserting in lieu
thereof ``September 30, 1995''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO
PERSONAL EMERGENCIES FOR MEMBERS STATIONED
OUTSIDE THE CONTINENTAL UNITED STATES.
Section 411d(b) of title 37, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the matter preceding the subparagraphs, by striking
``from the international airport'' and all that follows
through ``or the international airport nearest'' and
inserting in lieu thereof ``from the location of the member
or dependents, at the time notification of the personal
emergency is received, or'';
(B) in subparagraph (A), by striking ``closest to the
international airport'' and inserting in lieu thereof
``closest to the location''; and
(2) in paragraph (4), by striking ``to the international
airport'' and all that follows through the period and
inserting in lieu thereof ``to the location from which the
member or dependent departed or the member's duty station.''.
SEC. 622. CLARIFICATION OF TRAVEL AND TRANSPORTATION
ALLOWANCE OF FAMILY MEMBERS INCIDENT TO THE
SERIOUS ILLNESS OR INJURY OF MEMBERS.
(a) Allowance in Cases of Brain Death.--Subsection (a) of
section 411h of title 37, United States Code, is amended--
(1) in paragraph (1), by striking out ``is necessary for''
and inserting in lieu thereof ``may contribute to''; and
(2) in paragraph (2), by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph:
``(B) is seriously ill, seriously injured, or in a
situation of imminent death, whether or not electrical brain
activity still exists or brain death is declared; and''.
(b) Definition of Health and Welfare.--Subsection (b) of
such section is amended by adding at the end the following
new paragraph:
``(3) In this section, the term `health and welfare', with
respect to a member, includes a situation in which a decision
must be made by family members regarding the termination of
artificial life support being provided to the member.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES
FOR MILITARY AND CIVILIAN RETIREE COST-OF-
LIVING ADJUSTMENTS FOR FISCAL YEAR 1995.
(a) In General.--The fiscal year 1995 increase in military
retired pay shall (notwithstanding subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code) first be
payable as part of such retired pay for the month of March
1995.
(b) Definitions.--For the purposes of subsection (a):
(1) The term ``fiscal year 1995 increase in military
retired pay'' means the increase in retired pay that,
pursuant to paragraph (1) of section 1401a(b) of title 10,
United States Code, becomes effective on December 1, 1994.
(2) The term ``retired pay'' includes retainer pay.
(c) Limitation.--Subsection (a) shall be effective only if
there is appropriated to the Department of Defense Military
Retirement Fund (in an Act making appropriations for the
Department of Defense for fiscal year 1995 that is enacted
before March 1, 1995) such amount as is necessary to offset
increased outlays to be made from that fund during fiscal
year 1995 by reason of the provisions of subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 1995 to the Department of
Defense Military Retirement Fund the sum of $376,000,000 to
offset increased outlays to be made from that fund during
fiscal year 1995 by reason of the provisions of subsection
(a).
SEC. 632. CLARIFICATION OF CALCULATION OF RETIRED PAY FOR
OFFICERS WHO RETIRE IN A GRADE LOWER THAN THE
GRADE HELD AT RETIREMENT.
(a) Prevention of Retired Pay Based on Grade Higher Than
Retired Grade.--Section 1401a(f) of title 10, United States
Code, is amended--
(1) in the first sentence, by inserting ``based on the
grade in which the member is retired'' after ``at an earlier
date'';
(2) in the second sentence, by inserting ``, except that
such computation may not be based on a rate of basic pay for
a grade higher than the grade in which the member is
retired'' before the period at the end; and
(3) by striking out the third sentence.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to the computation of the retired
pay of a member of the armed forces who retires on or after
the date of the enactment of this Act.
SEC. 633. CREDITING OF RESERVE SERVICE OF ENLISTED MEMBERS
FOR COMPUTATION OF RETIRED PAY.
(a) Army.--(1) Section 3925 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 3991 of this title,''; and
(B) by striking out subsection (c).
(2) The table in section 3991(a)(1) of such title is
amended by striking out ``section 3925'' in formula B under
the column designated ``Column 2'' and inserting in lieu
thereof ``section 1405''.
(3) The table in section 3992 of such title is amended by
striking out ``section 3925'' in formula A under the column
designated ``Column 2'' and inserting in lieu thereof
``section 1405''.
(b) Navy and Marine Corps.--The table in section 6333(a) of
title 10, United States Code, is amended by striking out
``his years of active service in the armed forces'' in
formula C under the column designated ``Column 2'' and
inserting in lieu thereof ``the years of service that may be
credited to him under section 1405.''.
(c) Air Force.--(1) Section 8925 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 8991 of this title,''; and
(B) by striking out subsection (c).
(2) The table in section 8991(a)(1) of such title is
amended by striking out ``section 8925'' in formula B under
the column designated ``Column 2'' and inserting in lieu
thereof ``section 1405''.
(3) The table in section 8992 of such title is amended by
striking out ``section 8925'' in formula A under the column
designated ``Column 2'' and inserting in lieu thereof
``section 1405''.
(d) Conforming Amendment.--Section 1405 of such title is
amended by adding at the end the following new subsection:
``(c) Exclusion of Time Required To Be Made Up.--Time
required to be made up by an enlisted member of the Army or
Air Force under section 972 of this title may not be counted
in determining years of service under subsection (a).''.
(e) Effective Date.--This section shall apply to the
computation of the retired or retainer pay of any enlisted
member who retires or is transferred to the Fleet Reserve or
the Fleet Marine Corps Reserve on or after the date of the
enactment of this Act.
SEC. 634. MINIMUM REQUIRED RESERVE SERVICE FOR ELIGIBILITY
FOR RETIRED PAY FOR NONREGULAR SERVICE DURING
FORCE DRAWDOWN PERIOD.
Section 1331 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) In the case of a person who completes the service
requirements of subsection (a)(2) during the period beginning
on the date of the enactment of this subsection and ending on
September 30, 1999, the entitlement of that person, upon
application, to retired pay under this section shall be
determined, in the case of the requirement specified in
subsection (a)(3), by substituting `the last six years' for
`the last eight years'.''.
SEC. 635. SBP PREMIUMS FOR RESERVE-COMPONENT CHILD-ONLY
COVERAGE.
(a) Determination of Premiums.--Subsection (b) of section
1452 of title 10, United States Code, is amended to read as
follows:
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay
of a participant in the Plan who is providing child-only
coverage (as described in paragraph (4)) shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense.
``(2) No reduction when no child.--There shall be no
reduction in retired pay under paragraph (1) for any month
during which the participant has no eligible dependent child.
``(3) Special rule for certain rcsbp participants.--In the
case of a participant in the Plan who is participating in the
Plan under an election under section 1448(a)(2)(B) of this
title and who provided child-only coverage during a period
before the participant becomes entitled to receive retired
pay, the retired pay of the participant shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense to reflect the coverage provided under the Plan
during the period before the participant became entitled to
receive retired pay. A reduction under this paragraph is in
addition to any reduction under paragraph (1) and is made
without regard to whether there is an eligible dependent
child during a month for which the reduction is made.
``(4) Child-only coverage defined.--For the purposes of
this subsection, a participant in the Plan who is providing
child-only coverage is a participant who has a dependent
child and who--
``(A) does not have an eligible spouse or former spouse; or
``(B) has a spouse or former spouse but has elected to
provide an annuity for dependent children only.''.
(b) Effective Date.--(1) Except as provided in paragraph
(2), the amendment made by subsection (a) applies to any
election for child-only coverage under a reserve-component
annuity under the Survivor Benefit Plan, whether made before,
on, or after the date of the enactment of this Act.
(2) Paragraph (1) does not apply in a case of an election
referred to in that paragraph that was made before the date
of the enactment of this Act if the participant was informed,
in writing, before the date of the enactment of this Act that
no reduction in the participant's retired pay for child-only
coverage would be made during a period when there was no
eligible dependent child.
SEC. 636. DISCONTINUATION OF INSURABLE INTEREST COVERAGE
UNDER SURVIVOR BENEFIT PLAN.
Paragraph (1) of section 1448(b) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) An election under subparagraph (A) for a beneficiary
who is not the former spouse of the person providing the
annuity may be terminated. Any such termination shall be made
by a participant by the submission to the Secretary concerned
of a request to discontinue participation in the Plan, and
such participation in the Plan shall be discontinued
effective on the first day of the first month following the
month in which the request is received by the Secretary
concerned. Effective on such date, the Secretary concerned
shall discontinue the reduction being made in such person's
retired pay on account of participation in the Plan or, in
the case of a person who has been required to make deposits
in the Treasury on account of participation in the Plan, such
person may discontinue making such deposits effective on such
date.
``(C) A request under subparagraph (B) to discontinue
participation in the Plan shall be in such form and shall
contain such information as may be required under regulations
prescribed by the Secretary of Defense.
``(D) The Secretary concerned shall furnish promptly to
each person who submits a request under subparagraph (B) to
discontinue participation in the Plan a written statement of
the advantages and disadvantages of participating in the Plan
and the possible disadvantages of discontinuing
participation. A person may withdraw the request to
discontinue participation if withdrawn within 30 days after
having been submitted to the Secretary concerned.
``(E) Once participation is discontinued, benefits may not
be paid in conjunction with the earlier participation in the
Plan and premiums paid may not be refunded. Participation in
the Plan may not later be resumed except through a qualified
election under paragraph (5) of subsection (a).''.
Subtitle E--Other Matters
SEC. 641. AUTHORITY FOR SURVIVORS TO RECEIVE PAYMENT FOR ALL
LEAVE ACCRUED BY DECEASED MEMBERS.
(a) Removal of 60-Day Limitation.--Subsection (d) of
section 501 of title 37, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``(1)'' after ``(d)''; and
(B) by striking out the last sentence and inserting in lieu
thereof the following: ``The limitations contained in the
second sentence of subsection (b)(3), subsection (f), and the
second sentence of subsection (g) on the number of days of
leave for which payment may be made shall not apply with
respect to payments made under this subsection.''; and
(2) by striking out paragraph (2).
(b) Conforming Amendment.--Subsection (f) of such section
is amended by striking out ``, (d),'' in the first sentence.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO INCLUDE
YOUNG PEOPLE BEING ADOPTED BY MEMBERS OR FORMER
MEMBERS.
(a) Eligibility for Health Benefits.--Section 1072 of title
10, United States Code, is amended--
(1) in paragraph (2)(D), by striking out ``, including an
adopted child or stepchild,''; and
(2) by adding at the end the following new paragraph:
``(6) The term `child' includes an adopted child, a
stepchild, or an unmarried person placed in the home of a
member or former member of a uniformed service by a State
licensed placement agency (recognized by the Secretary of
Defense) in anticipation of the legal adoption of the person
by the member or former member, who otherwise meets the
requirements specified in paragraph (2)(D).''.
(b) Conforming Amendment.--Section 401(b)(1)(B) of title
37, United States Code, is amended by striking out
``placement agency for the purpose of adoption'' and
inserting in lieu thereof ``State licensed placement agency
(recognized by the Secretary of Defense) in anticipation of
the legal adoption of the child by the member''.
SEC. 702. TREATMENT OF CERTAIN DEPENDENTS AS CHILDREN FOR
PURPOSES OF CHAMPUS, DEPENDENTS' DENTAL
PROGRAM, AND CONTINUED HEALTH BENEFITS
COVERAGE.
(a) CHAMPUS.--Section 1079(a) of title 10, United States
Code, is amended in the first sentence by striking out ``and
children'' and inserting in lieu thereof ``, children, and
dependents described in section 1072(2)(I) of this title''.
(b) Dependents' Dental Program.--Section 1076a of such
title is amended--
(1) in subsection (a)(1), by striking out ``spouses and
children (as described in section 1072(2)(D) of this title)''
and inserting in lieu thereof ``eligible dependents'';
(2) in subsection (e), by striking out ``spouse or child''
and inserting in lieu thereof ``eligible dependent'';
(3) in subsection (f), by striking out ``spouse or
children'' both places it appears and inserting in lieu
thereof ``eligible dependents''; and
(4) by adding at the end the following new subsection:
``(h) Eligible Dependent Defined.--In this section, the
term `eligible dependent' means a spouse, child, or dependent
described in section 1072(2)(I) of this title of a member of
the uniformed services who is on active duty for a period of
more than 30 days.''.
(c) Continued Health Benefits Coverage.--Section 1078a of
such title is amended--
(1) in subsection (b)(2)(A), by inserting before the
semicolon the following: ``or ceases to meet the requirements
for being considered an unmarried dependent under section
1072(2)(I) of this title'';
(2) in subsection (c)(3)--
(A) by striking out ``child'' both places it appears and
inserting in lieu thereof ``dependent''; and
(B) by striking out ``child's'' each place it appears and
inserting in lieu thereof ``dependent's'';
(3) in subsection (d)(2)(A)--
(A) by striking out ``child'' the first, second, and fourth
places it appears and inserting in lieu thereof
``dependent''; and
(B) by striking out ``an unmarried dependent child under
section 1072(2)(D) of this title,'' and inserting in lieu
thereof ``a dependent under subparagraph (D) or (I) of
section 1072(2) of this title;'';
(4) in subsection (d)(2)(B)--
(A) by striking out ``child'' and inserting in lieu thereof
``dependent''; and
(B) by striking out ``child's'' and inserting in lieu
thereof ``dependent's'';
(5) in subsection (g)(1)(B), by striking out ``an unmarried
dependent child under section 1072(2)(D) of this title'' and
inserting in lieu thereof ``a dependent under subparagraph
(D) or (I) of section 1072(2) of this title''; and
(6) in subsection (g)(2), by striking out ``child'' both
places it appears and inserting in lieu thereof
``dependent''.
SEC. 703. AUTHORIZATION FOR MEDICAL AND DENTAL CARE OF ABUSED
DEPENDENTS OF CERTAIN MEMBERS.
(a) Additional Basis for Care.--Subsection (e) of section
1076 of title 10, United States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph:
``(1) Subject to paragraph (3), if an abused dependent of a
member of a uniformed service described in paragraph (4)
needs medical or dental care for an injury or illness
resulting from the abuse, the administering Secretary may,
upon request of the abused dependent, furnish medical or
dental care to the dependent for the treatment of such injury
or illness in facilities of the uniformed services.''; and
(2) by adding at the end the following new paragraph:
``(4)(A) A member of a uniformed service referred to in
paragraph (1) is a member who--
``(i) receives a dishonorable or bad-conduct discharge or
is dismissed from a uniformed service as a result of a court-
martial conviction for a criminal offense, under either
military or civil law, involving abuse of a dependent of the
member; or
``(ii) is administratively discharged from a uniformed
service as a result of such an offense.
``(B) Whether an offense involved abuse of a dependent of
the member shall be determined in accordance with regulations
prescribed by the administering Secretary for such uniformed
service.''.
(b) Conforming Amendments.--Such subsection is further
amended--
(1) in paragraph (2), by striking out ``paragraph (1)(A)''
and inserting in lieu thereof ``paragraph (4)''; and
(2) in paragraph (3)(C), by striking out ``paragraph
(1)(A)'' and inserting in lieu thereof ``paragraph (4)''.
SEC. 704. ADDITIONAL AUTHORIZED HEALTH CARE SERVICE AVAILABLE
THROUGH MILITARY HEALTH CARE SYSTEM.
Section 1077(b)(2)(B) of title 10, United States Code, is
amended by inserting after ``artificial limbs'' the
following: ``, voice prostheses,''.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
SEC. 711. EXPANDED USE OF PARTNERSHIP AND RESOURCE SHARING
PROGRAMS FOR IMPROVED COST-EFFECTIVENESS.
Section 1096 of title 10, United States Code, is amended by
inserting at the end the following new subsections:
``(d) Payments by Non-Federal Parties.--An agreement
entered into under subsection (a) may require a civilian
health care provider that is a party to the agreement to make
payments to a facility of the uniformed services in
connection with resources specified in subsection (b) that
are provided by the facility under the agreement. Amounts
received by the facility under this subsection shall be
credited to the appropriation supporting the maintenance and
operation of the facility and shall not be taken into
consideration in establishing the operating budget of the
facility.
``(e) Reimbursement for License Fees.--In the case of an
agreement entered into under subsection (a) under which
personnel of the uniformed services who are assigned to a
facility of the uniformed services will provide health care
services at a facility of a civilian health care provider,
the Secretary of Defense may reimburse the personnel for any
professional license fee that is required by the governmental
jurisdiction in which the civilian health care facility is
located and is paid by the personnel if the Secretary
determines that such reimbursement is necessary to
effectively implement the agreement. The amount of such
reimbursement may not exceed $500 per person.''.
SEC. 712. IMPOSITION OF ENROLLMENT FEES FOR MANAGED CARE
PLANS.
Section 1097(c) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``In the
case of contracts for health care services under this section
or health care plans offered under section 1099 of this title
for which the Secretary permits covered beneficiaries who are
covered by section 1086 of this title and who participate in
such contracts or plans to pay an enrollment fee in lieu of
meeting the deductible amount specified in section 1086(b) of
this title, the Secretary may establish the same (or a lower)
enrollment fee for covered beneficiaries described in section
1086(d)(1) of this title who also participate in such
contracts or plans.''.
SEC. 713. STRENGTHENING MANAGED HEALTH CARE AUTHORITIES.
(a) Amendments to Alternative Health Care Delivery
Contracts Authority.--Section 1097 of title 10, United States
Code, is amended--
(1) by redesignating subsection (c) (as amended by section
712) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Coordination With Facilities of the Uniformed
Services.--The Secretary of Defense may provide for the
coordination of health care services provided pursuant to any
contract or agreement under this section with those services
provided in medical treatment facilities of the uniformed
services. Subject to the availability of space and facilities
and the capabilities of the medical or dental staff, the
Secretary may not deny access to facilities of the uniformed
services to covered beneficiaries based on enrollment or
declination of enrollment in any program established under,
or operating in connection with, any contract under this
section. However, the Secretary may, as an incentive for
enrollment, establish reasonable preferences for services in
facilities of the uniformed services for covered
beneficiaries enrolled in any program established under, or
operating in connection with, any contract under this
section.
``(d) Coordination With Other Health Care Programs.--In the
case of a covered beneficiary who has enrolled in a managed
health care program not operated under the authority of this
chapter, the Secretary may contract under this section with
such other managed health care program for the purpose of
coordinating the beneficiary's dual entitlements under such
program and this chapter. A managed health care program with
which arrangements may be made under this subsection includes
any health maintenance organization, competitive medical
plan, health care prepayment plan, or other managed care
program recognized pursuant to regulations issued by the
Secretary.''.
(b) Amendments to Third Party Collections Program
Authority.--Section 1095 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking out ``if that care'' and
all that follows through the period and inserting in lieu
thereof the following: ``shall operate to prevent collection
by the United States under subsection (a) if that care is
provided--
``(1) through a facility of the uniformed services;
``(2) directly or indirectly by a governmental entity;
``(3) to an individual who has no obligation to pay for
that care or for whom no other person has a legal obligation
to pay; or
``(4) by a provider with which the third party payer has no
participation agreement.'';
(2) in subsection (d), by inserting ``and except as
provided in subsection (j),'' after ``(b),'';
(3) in subsection (h)(1), by adding at the end the
following new sentence: ``Such term also includes entities
described in subsection (j) under the terms and to the extent
provided in such subsection.''; and
(4) by adding at the end the following new subsection:
``(j) The Secretary of Defense may enter into an agreement
with any health maintenance organization, competitive medical
plan, health care prepayment plan, or other similar plan
(pursuant to regulations issued by the Secretary) providing
for collection under this section from such organization or
plan for services provided to a covered beneficiary who is an
enrollee in such organization or plan.''.
SEC. 714. DELAY IN DEADLINE FOR USE OF HEALTH MAINTENANCE
ORGANIZATION MODEL AS OPTION FOR MILITARY
HEALTH CARE.
Section 731 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1696; 10
U.S.C. 1073 note) is amended--
(1) in subsection (a), by striking out ``after the date of
the enactment of this Act'' and inserting in lieu thereof
``after December 31, 1994'';
(2) in subsection (e), by striking out ``February 1, 1994''
and inserting in lieu thereof ``December 31, 1994''; and
(3) by adding at the end the following new subsection (f):
``(f) Modification of Existing Contracts.--In the case of
managed health care contracts in effect or in final stages of
acquisition as of December 31, 1994, the Secretary may modify
such contracts to incorporate the health benefit option
required under subsection (a).''.
SEC. 715. LIMITATION ON REDUCTION IN NUMBER OF RESERVE
COMPONENT MEDICAL PERSONNEL.
Section 518(a) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2407) is
amended--
(1) by inserting before the period at the end the
following: ``, unless the Secretary certifies to Congress
that the number of such personnel to be reduced in a
particular military department is excess to the current and
projected needs for personnel in the Selected Reserve of that
military department''; and
(2) by adding at the end the following new sentence: ``The
assessment of current and projected personnel needs under
this subsection shall be consistent with the wartime
requirements for Selected Reserve personnel identified in the
final report on the comprehensive study of the military
medical care system prepared pursuant to section 733 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 10 U.S.C. 1071 note).''.
Subtitle C--Other Matters
SEC. 721. DELAY IN CLOSURE OF ARMY HOSPITAL AT VICENZA,
ITALY.
(a) Closure Delay.--During fiscal year 1995, the Secretary
of the Army may not reduce the level of medical care services
provided by the United States Army Hospital at Vicenza,
Italy.
(b) Report on Hospital.--Not later than March 1, 1995, the
Secretary of Defense shall submit to Congress a report
regarding the operation of the Army Hospital at Vicenza,
Italy. The report shall contain the following:
(1) A description of the number and demographic
characteristics of members of the Armed Forces on active duty
and covered beneficiaries under chapter 55 of title 10,
United States Code, who typically receive medical care
services at the hospital, including those members and covered
beneficiaries stationed or residing at (or in the immediate
vicinity of) Aviano Air Force Base and Camp Darby.
(2) An analysis of the projected costs or savings,
including the cost of CHAMPUS benefits, resulting from the
programmed closure of the hospital.
(3) A description of the differences in practice patterns
between American and Italian doctors, such as differences in
the normal lengths of stay for the most frequent inpatient
admissions (including childbirth) and the availability of
alternative methods of providing anesthesia during
childbirth.
(4) An analysis of the feasibility of establishing a
birthing center for the area and patients currently served by
the hospital, to be staffed primarily by American nurse-
midwives.
(5) A detailed plan for ensuring the availability of
quality medical care, consistent with American medical
practice patterns, for covered beneficiaries residing in
Northern Italy.
SEC. 722. DEMONSTRATION PROGRAM FOR ADMISSION OF CIVILIANS AS
PHYSICIAN ASSISTANT STUDENTS AT ACADEMY OF
HEALTH SCIENCES, FORT SAM HOUSTON, TEXAS.
(a) Civilian Attendance.--The Secretary of the Army may
enter into a reciprocal agreement with an accredited
institution of higher education under which students of the
institution may attend the didactic portion of the physician
assistant training program conducted by the Army Medical
Department at the Academy of Health Sciences at Fort Sam
Houston, Texas, in exchange for the provision of such
academic services by the institution as the Secretary and the
institution consider to be appropriate to support the
physician assistant training program. The Secretary shall
ensure that the Army Medical Department does not incur any
additional costs as a result of the agreement than the
Department would incur to obtain academic services for the
physician assistant training program in the absence of the
agreement.
(b) Selection of Students.--(1) Subject to paragraph (2),
not more than 20 civilian students per year may receive
instruction at the Academy pursuant to the agreement under
subsection (a). In consultation with the institution of
higher education that is a party to the agreement, the
Secretary shall establish qualifications and methods of
selection for civilian students to receive instruction at the
Academy. The qualifications established shall be comparable
to those generally required for admission to the physician
assistant training program at the Academy.
(2) The Secretary shall ensure that members of the Armed
Forces are not denied enrollment in the physician assistant
training program in order to permit the attendance of
civilian students. The maximum annual enrollment for the
program may not be increased solely for the purpose of
permitting civilian students to attend the program.
(c) Rules of Attendance.--Except as the Secretary
determines necessary, a civilian student who receives
instruction at the Academy pursuant to the agreement under
subsection (a) shall be subject to the same regulations
governing attendance, discipline, discharge, and dismissal as
apply to military students attending the Academy.
(d) Term and Termination of Agreement.--The term of the
agreement entered into under subsection (a) may not extend
beyond September 30, 1997. Either party to the agreement may
terminate the agreement at any time before that date.
(e) Report.--For each year in which the agreement under
subsection (a) is in effect, the Secretary shall submit to
Congress a report specifying the number of civilian students
who received instruction at the Academy under the agreement
during the period covered by the report and accessing the
benefits to the United States of the agreement.
(f) Academy Defined.--For purposes of this section, the
term ``Academy'' means the Academy of Health Sciences of the
Army Medical Department at Fort Sam Houston, Texas.
SEC. 723. REPORT ON EXPANDED USE OF NONAVAILABILITY OF HEALTH
CARE STATEMENTS.
(a) Report Required.--Not later than December 31, 1994, the
Secretary of Defense shall submit to Congress a report
describing the plans (if any) of the Department of Defense to
use the authority provided in sections 1080(b) and 1086(e) of
title 10, United States Code, regarding making a
determination whether to issue a nonavailability of health
care statement. The report shall include an analysis of the
impact of such plans on--
(1) the freedom of choice of covered beneficiaries in
selecting their health care providers;
(2) the access of covered beneficiaries to health care
services;
(3) the quality and continuity of health care services;
(4) the clarity and understandability of the applicable
requirements regarding issuance nonavailability of health
care statements; and
(5) the health care costs incurred by the United States and
covered beneficiaries.
(b) Use of Authority.--During the period beginning on the
date of the enactment of this Act and ending 90 days after
the date the Secretary submits the report required by
subsection (a), the Secretary may not--
(1) expand the number or size of the geographical areas in
which the Secretary is currently using the authority provided
by sections 1080(b) and 1086(e) of title 10, United States
Code; or
(2) implement or use such authority in a manner
inconsistent with the manner in which such authority was
implemented or used as of February 1, 1994.
SEC. 724. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE
SERVICES FOR COVERED BENEFICIARIES IN CERTAIN
AREAS AFFECTED BY BASE CLOSURES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should take all appropriate steps,
including a limited continuation of services for managed
health care currently provided to covered beneficiaries
described in subsection (b) who are eligible for such
services, to ensure the continuity of health care services
for such beneficiaries during the procurement, transition,
and initial implementation phases of the TRICARE managed care
support contract for Health Services Region Six of the
Military Health Services System of Department of Defense.
(b) Covered Beneficiaries Described.--The covered
beneficiaries referred to in subsection (a) are covered
beneficiaries under chapter 55, United States Code, who
reside in areas adversely affected by the closure of England
Air Force Base, Louisiana, Bergstrom Air Force Base, Texas,
or Carswell Air Force Base, Texas, and for whom the Secretary
of Defense established a contracted managed health care
program, as required by section 9032 of the Department of
Defense Appropriations Act, 1993 (P.L. 102-396; 106 Stat.
1907).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Of the amount authorized to be appropriated in section
301(5), $12,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
Subtitle B--Acquisition Improvement
PART I--GENERAL IMPROVEMENTS
SEC. 811. CONGRESSIONAL DEFENSE PROCUREMENT POLICY.
Section 2301 of title 10, United States Code, is amended to
read as follows:
``Sec. 2301. Congressional defense procurement policy
``(a) The Congress finds that in order to ensure national
defense preparedness; conserve fiscal resources; enhance
science and technology, research and development, and
production capability; provide for continued development and
preservation of an efficient and responsive defense
industrial base; and ensure the financial and ethical
integrity of defense procurement programs, it is in the
interest of the United States that property and services be
acquired for the Department of Defense in the most timely,
economic, and efficient manner consistent with achieving an
optimum balance among efficient processes, full and open
access to the procurement system, and sound implementation of
socioeconomic policies. It is therefore the policy of
Congress that--
``(1) full and open competitive procedures shall be used by
the Department of Defense in accordance with the requirements
of this chapter;
``(2) to the maximum extent practicable, the Department of
Defense shall acquire commercial items to meet its needs and
shall require prime contractors and subcontractors, at all
levels, which furnish other than commercial items, to
incorporate to the maximum extent practicable commercial
items as components of items being supplied to the
Department;
``(3) when commercial items and components are not
available, practicable, or cost effective, the Department of
Defense shall acquire, and shall require prime contractors
and subcontractors to incorporate, nondevelopmental items and
components to the maximum extent practicable;
``(4) property and services for the Department of Defense
may be acquired by any kind of contract, other than cost-
plus-a-percentage-of-cost contracts, but including multiyear
contracts, that will promote the interest of the United
States and will provide for appropriate allocation of risk
between the Government and the contractor with due regard to
the nature of the property or services to be acquired;
``(5) contracts, when appropriate, shall provide incentives
to contractors to improve productivity through investment in
capital facilities, equipment, flexible manufacturing
processes, and advanced and dual-use technology;
``(6) contracts for advance procurement of components,
parts, and materials necessary for manufacture or for
logistics support of a weapon system should, if practicable,
be entered into in a manner to achieve economic-lot purchases
and more efficient production rates;
``(7) procurement protests and disputes shall be fairly and
expeditiously resolved through uniform interpretation of
relevant laws and regulations;
``(8) the head of an agency shall use advance procurement
planning and market research and develop contract
requirements in such a manner as is necessary to obtain full
and open competition with due regard to the nature of the
property or services to be acquired; but may restrict
competitions to suppliers of commercial items to foster
accomplishment of the above objective; and
``(9) the head of an agency shall develop and maintain an
acquisition career management program to ensure a
professional acquisition work force in accordance with the
requirements of chapter 87 of this title.
``(b) Further, it is the policy of Congress that
procurement policies and procedures for the agencies named in
section 2303 of this title shall, in accordance with the
requirements of this title--
``(1) be issued in accordance with and conform to the
requirements of sections 22 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b and 421);
``(2) promote and implement the Congressional policies in
subsection (a) of this section and section 2 of the Office of
Federal Procurement Policy Act (41 U.S.C. 401);
``(3) be implemented to support the requirements of such
agencies in time of war or national emergency as well as in
peacetime;
``(4) promote responsiveness of the procurement system to
agency needs by--
``(A) simplifying and streamlining procurement processes;
and
``(B) providing incentives to encourage contractors to take
actions and make recommendations that would reduce the costs
of property or services to be acquired;
``(5) facilitate the acquisition of commercial items and
commercial components at or based on commercial market
prices, without requiring contractors to change their
business practices; and
``(6) promote the acquisition and use of commercial items,
commercial components, and nondevelopmental items by
requiring descriptions of agency requirements, whenever
practicable, in terms of functions to be performed or
performance required.
``(c) Further, it is the policy of Congress that 20 percent
of the purchases and contracts entered into under this
chapter should be placed with small business concerns and
that 5 percent of the purchases and contracts entered into
under this chapter should be placed with concerns that are
small disadvantaged businesses.
``(d) It is also the policy of Congress that qualified
nonprofit agencies for the blind or severely handicapped (as
defined in section 2410d(b) of this title) shall be afforded
the maximum practicable opportunity to provide approved
commodities and services (as defined in such section) as
subcontractors and suppliers under contracts awarded by the
Department of Defense.''.
SEC. 812. REPEAL OF REQUIREMENT RELATING TO PRODUCTION
SPECIAL TOOLING AND PRODUCTION SPECIAL TEST
EQUIPMENT.
(a) Repeal.--Section 2329 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by striking
out the item related to section 2329.
SEC. 813. REPEAL OF VOUCHERING PROCEDURES SECTION.
(a) Repeal.--Section 2355 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
out the item relating to section 2355.
SEC. 814. CLARIFICATION OF PROVISION RELATING TO QUALITY
CONTROL OF CERTAIN SPARE PARTS.
The second sentence of subsection (a) of section 2383 of
title 10, United States Code, is amended to read as follows:
``In establishing the appropriate qualification requirements,
the Secretary of Defense shall use the Department of Defense
qualification requirements that were used to qualify the
original production part, unless the Secretary determines in
writing--
``(A) that there are other requirements sufficiently
similar to those requirements that should be used instead; or
``(B) that any or all such requirements are unnecessary.''.
SEC. 815. CONTRACTOR GUARANTEES REGARDING WEAPON SYSTEMS.
(a) Repeal of Requirement for Report on Waivers.--
Subsection (e) of section 2403 of title 10, United States
Code, is amended--
(1) by striking out ``(1)''; and
(2) by striking out paragraph (2).
(b) Provisions To Be Addressed by Regulations.--Subsection
(h) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The regulations shall include the following:
``(A) Guidelines for negotiating contractor guarantees that
are reasonable and cost effective, as determined on the basis
of the likelihood of defects and the estimated cost of
correcting such defects.
``(B) Procedures for administering contractor guarantees.
``(C) Guidelines for determining the cases in which it may
be appropriate to waive the requirements of this section.''.
PART II--MAJOR SYSTEMS STATUTES
SEC. 821. WEAPON DEVELOPMENT AND PROCUREMENT SCHEDULES.
(a) Deadline and Purpose.--Subsection (a) of section 2431
of title 10, United States Code, is amended--
(1) in the first sentence--
(A) by striking out ``at the same time'' and inserting in
lieu thereof ``not later than 45 days after''; and
(B) by striking out ``a written report'' and inserting in
lieu thereof ``budget justification documents''; and
(2) in the second and third sentences, by striking out
``report'' and inserting in lieu thereof ``documents''.
(b) Additional Matters To Be Included.--Subsection (b) of
such section is amended--
(1) by striking out ``include--'' and inserting in lieu
thereof ``include each of the following:'';
(2) by capitalizing the first word in each of paragraphs
(1), (2), and (3);
(3) by striking out the semicolon at the end of paragraphs
(1) and (2) and inserting in lieu thereof a period;
(4) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(5) by amending paragraph (4) to read as follows:
``(4)(A) The most efficient production rate, the most
efficient acquisition rate, and the minimum sustaining rate,
consistent with the program priority established for such
weapon system by the Secretary concerned.
``(B) In this paragraph:
``(i) The term `most efficient production rate' means the
maximum rate for each budget year at which the weapon system
can be produced with existing or planned plant capacity and
tooling, with one shift a day running for eight hours a day
and five days a week.
``(ii) The term `minimum sustaining rate' means the
production rate for each budget year that is necessary to
keep production lines open while maintaining a base of
responsive vendors and suppliers.''.
SEC. 822. SELECTED ACQUISITION REPORT REQUIREMENT.
(a) Definition of Procurement Unit Cost.--
(1) Definition.--Paragraph (2) of section 2432(a) of title
10, United States Code, is amended--
(A) in clause (A), by striking out ``for a fiscal year''
and all that follows through ``such program in such fiscal
year'';
(B) in clause (B), by striking out ``with such funds during
such fiscal year.'' and inserting in lieu thereof a period;
and
(C) by striking out the last sentence.
(2) Conforming amendments.--Section 2433 of such title is
amended--
(A) in subparagraph (B) of subsection (c)(1), by striking
out ``current'' before ``procurement unit cost'';
(B) in subsection (d), by striking out ``current'' before
``procurement unit cost'' each place it appears; and
(C) in subsection (e), by striking out ``current'' before
``procurement unit cost'' both places it appears.
(b) Exclusion of Firm, Fixed-Price Contracts.--Subsection
(a) of section 2432 of such title is amended in paragraph (3)
by inserting before the period at the end the following:
``and that is not a firm, fixed price contract''.
(c) Definition of Full Life-Cycle Cost.--Such subsection is
further amended in paragraph (4) by striking out ``has the
meaning'' and all that follows through the end of the
paragraph and inserting in lieu thereof the following:
``means all costs of development, procurement, military
construction, and operations and support, without regard to
funding source or management control.''.
(d) Notice of Proposed Changes in SAR.--Subsection (c) of
such section is amended in paragraph (2) by striking out the
second sentence and inserting in lieu thereof the following:
``Whenever the Secretary of Defense proposes to make changes
in the content of a Selected Acquisition Report, the
Secretary shall submit a notice of the proposed changes to
such committees. The changes shall be considered approved by
the Secretary, and may be incorporated into the report, only
after the end of the 60-day period beginning on the date on
which the notice is received by those committees.''.
(e) Elimination of Certain SAR Requirements.--Such
subsection is further amended in paragraph (3) by striking
out subparagraph (C).
(f) Uniform Implementation of Life-Cycle Cost Analysis.--
Such subsection is further amended--
(1) by striking out paragraph (5); and
(2) by adding at the end of subparagraph (A) of paragraph
(3) the following: ``The Secretary of Defense shall ensure
that this subparagraph is implemented in a uniform manner, to
the extent practicable, throughout the Department of
Defense.''.
(g) Deadline Revision.--Subsection (f) of such section is
amended by striking out ``60 days'' in the first sentence and
inserting in lieu thereof ``45 days''.
(h) Elimination of Preliminary Report.--Such subsection is
further amended by striking out the second sentence.
(i) Terminology Corrections.--Such section is further
amended as follows:
(1) Subsection (b)(3)(A) is amended by striking out ``full
scale development or'' in clause (i).
(2) Subsection (c)(3) is amended by striking out ``full-
scale engineering'' in subparagraph (A) and inserting in lieu
thereof ``engineering and manufacturing''.
(3) Subsection (h)(1) is amended by striking out ``full-
scale engineering'' both places it appears and inserting in
lieu thereof ``engineering and manufacturing''.
SEC. 823. UNIT COST REPORT REQUIREMENT.
(a) Revision of Baseline Report Definitions.--
(1) Revision.--Section 2433(a) of title 10, United States
Code, is amended--
(A) in paragraph (2)--
(i) by striking out ``Baseline Selected Acquisition
Report'' and inserting in lieu thereof ``Baseline Estimate'';
and
(ii) by striking out ``Selected Acquisition Report in
which'' and all that follows through the end of the paragraph
and inserting in lieu thereof ``cost estimate included in the
baseline description for the program under section 2435 of
this title.''; and
(B) by striking out paragraph (4).
(2) Conforming amendments.--Section 2433 of such title is
further amended--
(A) in subsection (c)(1), by striking out ``Baseline
Report'' in subparagraphs (A) and (B) and inserting in lieu
thereof ``Baseline Estimate''; and
(B) in subsection (d), by striking out ``Baseline Report''
in paragraphs (1) and (2) and inserting in lieu thereof
``Baseline Estimate''.
(b) Contents of Unit Cost Report.--Section 2433(b) of such
title is amended in paragraph (3) by striking out ``Baseline
Report was submitted.'' and inserting in lieu thereof
``contract was entered into.''.
(c) Elimination of Certain Unit Cost Report Requirement.--
Section 2433(c) of such title, as amended by subsection (a),
is further amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)'' after ``(c)''; and
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively.
(d) Constant Base Year Dollars.--Section 2433(f) of such
title is amended by striking out ``include expected
inflation'' and inserting in lieu thereof ``be stated in
terms of constant base year dollars (as described in section
2430 of this title)''.
(e) Contents of SAR.--Subparagraph (I) of section
2433(g)(1) of such title is amended to read as follows:
``(I) The type of the Baseline Estimate that was included
in the baseline description under section 2435 of this title
and the date of the Baseline Estimate.''.
SEC. 824. REQUIREMENT FOR INDEPENDENT COST ESTIMATES AND
MANPOWER ESTIMATES BEFORE DEVELOPMENT OR
PRODUCTION.
(a) Content and Submission of Estimates.--Section 2434 of
title 10, United States Code, is amended by striking out
subsection (b) and inserting in lieu thereof the following:
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations governing the content and submission of
the estimates required by subsection (a). The regulations
shall require--
``(1) that the independent estimate of the full life-cycle
cost of a program--
``(A) be prepared by an office or other entity that is not
directly responsible for carrying out the development or
acquisition of the program; and
``(B) include all costs of development, procurement,
military construction, and operations and support, without
regard to funding source or management control; and
``(2) that the manpower estimate include the total
personnel required--
``(A) to operate, maintain, and support the program upon
full operational deployment; and
``(B) to train personnel to carry out the activities
referred to in subparagraph (A).''.
(b) Terminology Correction and Other Amendment.--Subsection
(a) of such section is amended--
(1) by striking out ``full-scale engineering development''
and inserting in lieu thereof ``engineering and manufacturing
development''; and
(2) by striking out ``cost of the program, together with''
and inserting in lieu thereof ``full life-cycle cost of the
program, and''.
SEC. 825. BASELINE DESCRIPTION.
(a) In General.--Section 2435 of title 10, United States
Code, is amended to read as follows:
``Sec. 2435. Baseline description
``(a) Baseline Description Requirement.--(1) The Secretary
of a military department shall establish a baseline
description for each major defense acquisition program under
the jurisdiction of such Secretary.
``(2) The baseline shall include sufficient parameters to
describe the cost estimate (referred to as the `Baseline
Estimate' in section 2433 of this title), schedule, and
performance of such major defense acquisition program.
``(3) No amount appropriated or otherwise made available to
the Department of Defense for carrying out a major defense
acquisition program may be obligated without an approved
baseline description unless such obligation is specifically
approved by the Under Secretary of Defense for Acquisition
and Technology.
``(4) A baseline description for a major defense
acquisition program shall be established--
``(A) before the program enters engineering and
manufacturing development; and
``(B) before the program enters production and deployment.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations governing--
``(1) the content of baseline descriptions;
``(2) the submission of reports on deviations of a program
from the baseline description by the program manager to the
Secretary of the military department concerned and the Under
Secretary of Defense for Acquisition and Technology;
``(3) procedures for review of such deviation reports
within the Department of Defense; and
``(4) procedures for submission to, and approval by, the
Secretary of Defense of revised baseline descriptions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by amending
the item relating to section 2435 to read as follows:
``2435. Baseline description.''.
SEC. 826. REPEAL OF REQUIREMENT FOR COMPETITIVE PROTOTYPING
IN MAJOR PROGRAMS.
(a) Repeal.--Section 2438 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
out the item relating to section 2438.
SEC. 827. REPEAL OF REQUIREMENT FOR COMPETITIVE ALTERNATIVE
SOURCES IN MAJOR PROGRAMS.
(a) Repeal.--Section 2439 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
out the item relating to section 2439.
PART III--TESTING STATUTES
SEC. 831. AUTHORIZATION OF LESS THAN FULL-UP TESTING.
Section 2366(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the second sentence of paragraph (1) as
paragraph (3) and in that paragraph by striking out ``such
certification'' and inserting in lieu thereof ``certification
under paragraph (1) or (2)''; and
(3) by inserting before paragraph (3) (as so designated)
the following new paragraph:
``(2) In the case of a covered system (or covered product
improvement program for a covered system), the Secretary may
waive the application of the survivability and lethality
tests of this section to such system or program and instead
allow testing of the system or program in combat by firing
munitions likely to be encountered in combat at components,
subsystems, and subassemblies, together with performing
design analyses, modeling and simulation, and analysis of
combat data, if the Secretary certifies to Congress that the
survivability and lethality testing of such system or program
otherwise required by this section would be unreasonably
expensive and impracticable.''.
SEC. 832. LIMITATION ON QUANTITIES TO BE PROCURED FOR LOW-
RATE INITIAL PRODUCTION.
Section 2400(a) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking out ``paragraph (1)'' and inserting in lieu
thereof ``this section''; and
(B) by striking out ``full-scale engineering development''
and inserting in lieu thereof ``engineering and manufacturing
development'';
(2) by redesignating paragraph (4) as paragraph (5) and in
that paragraph by inserting after the first sentence the
following: ``If the quantity exceeds 10 percent of the total
number of articles to be produced, as determined at the
milestone II decision with respect to that system, the
Secretary shall include in the statement the reasons for such
quantity.''; and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The quantity of articles of a major system that may
be procured for low-rate initial production may not be less
than one operationally configured production unit unless
another quantity is established at the milestone II
decision.''.
SEC. 833. OPERATIONAL TEST AND EVALUATION OF DEFENSE
ACQUISITION PROGRAMS.
(a) Authority To Use Different Procedures.--Section 2399(b)
of title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The Secretary of Defense may, for a particular major
defense acquisition program, prescribe and apply operational
test and evaluation procedures other than those provided
under subsection (a) and paragraphs (1) through (3) of this
subsection if the Secretary transmits to Congress, before the
Milestone II decision is made with respect to that program--
``(A) a certification that such testing would be
unreasonably expensive and impracticable; and
``(B) a description of the actions taken to ensure that the
system will be operationally effective and suitable when the
system meets initial operational capability requirements.''.
(b) Cross Reference Corrections.--Section 2399 of such
title is further amended--
(1) in subsection (b)(6) (as redesignated by subsection
(a)(1)) and subsection (c)(1), by striking out ``section
138(a)(2)(B)'' and inserting in lieu thereof ``section
139(a)(2)(B)''; and
(2) in subsection (h)(1), by striking out ``section
138(a)(2)(A)'' and inserting in lieu thereof ``section
139(a)(2)(A)''.
PART IV--CIVIL RESERVE AIR FLEET
SEC. 841. DEFINITION OF CONTRACTOR.
Section 9511(8) of title 10, United States Code, is
amended--
(1) by striking out ``or'' at the end of clause (A); and
(2) by inserting before the period at the end the
following: ``, or (C) who owns or controls, or will own or
control, new or existing aircraft and who, by contract,
commits some or all of such aircraft to the Civil Reserve Air
Fleet''.
SEC. 842. CONSOLIDATION OF PROVISIONS RELATING TO CONTRACTUAL
COMMITMENT OF AIRCRAFT.
Chapter 931 of title 10, United States Code, is amended--
(1) in subsection (a) of section 9512, by inserting
``Authority to Contract.--'' after ``(a)'';
(2) in subsection (c) of section 9512, by striking out
``(c)'' and inserting in lieu thereof ``(d) Authority To
Contract and Pay Directly.--'';
(3) in subsection (b) of section 9512, by striking out
``(b)'' and inserting in lieu thereof ``(c) Terms and
Required Repayment.--'';
(4) by redesignating subsection (a) of section 9513 as
subsection (b) and transferring such subsection (as so
redesignated) to section 9512 and inserting such subsection
after subsection (a);
(5) by redesignating subsection (b) of section 9513 as
subsection (e) and transferring such subsection (as so
redesignated) to the end of section 9512;
(6) in subsection (b) of section 9512, as redesignated and
transferred to such section by paragraph (4)--
(A) by striking out ``under section 9512 of this title''
and inserting in lieu thereof ``entered into under this
section'', and
(B) by inserting ``Contract Requirements.--'' after
``(b)'';
(7) in subsection (c) of section 9512, as redesignated by
paragraph (3), by striking out ``the terms required by
section 9513 of this title and'';
(8) in subsection (e) of section 9512, as redesignated and
transferred to such section by paragraph (5)--
(A) by striking out ``under section 9512 of this title''
and inserting in lieu thereof ``entered into under this
section'', and
(B) by inserting ``Commitment to Civil Reserve Air Fleet.--
'' after ``(e)''; and
(9) by striking out the heading of section 9513.
SEC. 843. USE OF MILITARY INSTALLATIONS BY CONTRACTORS.
(a) Authority.--Chapter 931 of title 10, United States
Code, as amended by section 842, is further amended by adding
at the end the following new section 9513:
``Sec. 9513. Use of military installations by Civil Reserve
Air Fleet contractors
``(a) Contract Authority.--(1) The Secretary of the Air
Force--
``(A) may, by contract entered into with any contractor,
authorize such contractor to use one or more Air Force
installations designated by the Secretary; and
``(B) with the consent of the Secretary of another military
department, may, by contract entered into with any
contractor, authorize the contractor to use one or more
installations, designated by the Secretary of the Air Force,
that is under the jurisdiction of the Secretary of such other
military department.
``(2) The Secretary of the Air Force may include in the
contract such terms and conditions as the Secretary
determines appropriate to promote the national defense or to
protect the interests of the United States.
``(b) Purposes of Use.--A contract entered into under
subsection (a) may authorize use of a designated installation
as a weather alternate, a technical stop not involving the
enplaning or deplaning of passengers or cargo, or, in the
case of an installation within the United States, for other
commercial purposes. Notwithstanding any other provision of
the law, the Secretary may establish different levels and
types of uses for different installations and may provide in
contracts under subsection (a) for different levels and types
of uses by different contractors.
``(c) Hold Harmless Requirement.--A contract entered into
under subsection (a) shall provide that the contractor agrees
to indemnify and hold harmless the Air Force (and any other
armed force having jurisdiction over any installation covered
by the contract) from all actions, suits, or claims of any
sort resulting from, relating to, or arising out of any
activities conducted, or services or supplies furnished, in
connection with the contract.
``(d) Reservation of Right To Exclude Contractor.--A
contract entered into under subsection (a) shall provide that
the Secretary concerned may, without providing prior notice,
deny access to an installation designated under the contract
when the Secretary determines that it is necessary to do so
in order to meet military exigencies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking out the item
relating to section 9513 and inserting in lieu thereof the
following:
``9513. Use of military installations by Civil Reserve Air Fleet
contractors.''.
PART V--MISCELLANEOUS
SEC. 851. EXTENSION TO DEPARTMENT OF DEFENSE GENERALLY OF
PROVISION RELATING TO MANUFACTURE AT FACTORIES
AND ARSENALS.
(a) Consolidation, Revision, and Extension to Department of
Defense of Authority.--(1) Subchapter V of chapter 148 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 2542. Factories and arsenals: manufacture at
``(a) The Secretary of Defense or the Secretary of a
military department may have supplies needed for the
Department of Defense or such military department, as the
case may be, made in factories or arsenals owned by the
United States.
``(b) The Secretary of Defense or the Secretary of the
military department concerned may abolish any United States
arsenal that such Secretary considers unnecessary.''.
(2) The table of sections at the beginning of subchapter V
of such chapter is amended by adding at the end the following
new item:
``2542. Factories and arsenals: manufacture at.''.
(b) Repeal of Superseded Authority.--
(1) Army authority.--
(A) Repeal.--Section 4532 of title 10, United States Code,
is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 433 of such title is amended by striking
out the item relating to section 4532.
(2) Air force authority.--
(A) Repeal.--Section 9532 of title 10, United States Code,
is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 933 of such title is amended by striking
out the item relating to section 9532.
SEC. 852. REGULATIONS ON PROCUREMENT, PRODUCTION,
WAREHOUSING, AND SUPPLY DISTRIBUTION FUNCTIONS.
(a) In General.--Section 2202 of title 10, United States
Code, is amended to read as follows:
``Sec. 2202. Regulations on procurement, production,
warehousing, and supply distribution functions
``The Secretary of Defense shall prescribe regulations
governing the performance within the Department of Defense of
the procurement, production, warehousing, and supply
distribution functions, and related functions, of the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by striking
out the item related to section 2202 and inserting in lieu
thereof the following:
``2202. Regulations on procurement, production, warehousing, and supply
distribution functions.''.
SEC. 853. REPEAL OF REQUIREMENTS REGARDING PRODUCT EVALUATION
ACTIVITIES.
(a) Repeal.--Section 2369 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
out the item related to section 2369.
SEC. 854. CODIFICATION AND REVISION OF LIMITATION ON LEASE OF
VESSELS, AIRCRAFT, AND VEHICLES.
(a) Limitation.--(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2401 the
following new section:
``Sec. 2401a. Lease of vessels, aircraft, and vehicles
``The Secretary of Defense or the Secretary of a military
department may not enter into any contract with a term of 18
months or more, or extend or renew any contract for a term of
18 months or more, for any vessel, aircraft, or vehicle,
through a lease, charter, or similar agreement, unless the
Secretary has considered all costs of such contract
(including estimated termination liability) and has
determined in writing that the contract is in the best
interest of the Government.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2401 the following new item:
``2401a. Lease of vessels, aircraft, and vehicles.''.
(b) Repeal of Superseded Provision.--Section 9081 of Public
Law 101-165 (103 Stat. 1147; 10 U.S.C. 2401 note) is
repealed.
SEC. 855. REPEAL OF APPLICATION OF PUBLIC CONTRACTS ACT TO
CERTAIN NAVAL VESSEL CONTRACTS.
(a) Repeal.--Section 7299 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 633 of such title is amended by striking
out the item relating to section 7299.
SEC. 856. CONSOLIDATION OF LIMITATIONS ON PROCUREMENT OF
GOODS OTHER THAN AMERICAN GOODS.
Section 2534 of title 10, United States Code, is amended--
(1) by striking out subsections (a) through (f); and
(2) by inserting after the section heading the following:
``(a) Limitation on Certain Procurements.--The Secretary of
Defense may procure the following items only if they are
manufactured by an entity that is part of the national
technology and industrial base (as defined in section 2491(1)
of this title):
``(1) Buses.--Multipassenger motor vehicles (buses).
``(2) Chemical weapons antidote.--Chemical weapons antidote
contained in automatic injectors (or components for such
injectors), but only if the company that manufactures the
item not only manufactures it in the United States but also
meets the following requirements:
``(A) The company is an existing producer under the
industrial preparedness program at the time the contract is
awarded.
``(B) The company has received all required regulatory
approvals.
``(C) The company has the plant, equipment, and personnel
to perform the contract in existence in the United States at
the time the contract is awarded.
``(3) Valves and machine tools.--(A) Items in the following
categories:
``(i) Powered and non-powered valves in Federal Supply
Classes 4810 and 4820 used in piping for naval surface ships
and submarines.
``(ii) Machine tools in the Federal Supply Classes for
metal-working machinery numbered 3405, 3408, 3410 through
3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448,
3449, 3460, and 3461.
``(B) Contracts for the procurement of items described in
subparagraph (A) include contracts--
``(i) for the use of such items in any property under the
control of the Department of Defense, including Government-
owned, contractor-operated facilities; and
``(ii) entered into by contractors on behalf of the
Department of Defense for the purposes of providing such
items to other contractors as Government-furnished equipment.
``(C) In any case in which a contract for items described
in subparagraph (A) includes the procurement of more than one
Federal Supply Class of machine tools or machine tools and
accessories, each supply class shall be evaluated separately
for purposes of determining whether the limitation in this
subsection applies.
``(D) This paragraph is effective through fiscal year 1996.
``(4) Air circuit breakers.--Air circuit breakers for naval
vessels.
``(5) Sonobuoys.--Sonobuoys.
``(6) Ball bearings and roller bearings.--Ball bearings and
roller bearings, in accordance with subpart 225.71 of part
225 of the Defense Federal Acquisition Regulation Supplement,
as in effect on October 23, 1992. This paragraph is effective
through fiscal year 1995.
``(b) Exceptions.--The Secretary of Defense may waive the
limitation in subsection (a) with respect to the procurement
of an item listed in that subsection if the Secretary
determines that any of the following apply:
``(1) Application of the limitation would cause
unreasonable costs or delays to be incurred.
``(2) United States producers of the item would not be
jeopardized by competition from a foreign country and that
country does not discriminate against defense items produced
in the United States to a greater degree than the United
States discriminates against defense items produced in that
country.
``(3) Application of the limitation would impede
cooperative programs entered into between the Department of
Defense and a foreign country and that country does not
discriminate against defense items produced in the United
States to a greater degree than the United States
discriminates against defense items produced in that country.
``(4) Satisfactory quality items manufactured by an entity
that is part of the national technology and industrial base
(as defined in section 2491(1) of this title) are not
available.
``(5) Application of the limitation would result in the
existence of only one source for the item that is an entity
that is part of the national technology and industrial base
(as defined in section 2491(1) of this title).
``(6) The procurement is for an amount less than the
simplified acquisition threshold and simplified purchase
procedures are being used.
``(7) Application of the limitation is not in the national
security interests of the United States.
``(8) Application of the limitation would adversely affect
a United States company.
``(c) Principle of Construction with Future Laws.--A
provision of law may not be construed as modifying or
superseding the provisions of this section, or as requiring
funds to be limited, or made available, by the Secretary of
Defense to a particular domestic source by contract, unless
that provision of law--
``(1) specifically refers to this section;
``(2) specifically states that such provision of law
modifies or supersedes the provisions of this section; and
``(3) specifically identifies the particular domestic
source involved and states that the contract to be awarded
pursuant to such provision of law is being awarded in
contravention of this section.''.
SEC. 857. DEPARTMENT OF DEFENSE ACQUISITION OF INTELLECTUAL
PROPERTY RIGHTS.
Section 2386 of title 10, United States Code, is amended by
striking out paragraphs (3) and (4) and inserting in lieu
thereof the following:
``(3) Technical data and computer software.
``(4) Releases for past infringement of patents or
copyrights or for unauthorized use of technical data or
computer software.''.
SEC. 858. DEPARTMENT OF DEFENSE REVIEW OF ANTITRUST CASES
WITH NATIONAL SECURITY IMPLICATIONS.
(a) In General.--Subchapter II of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2508. Antitrust cases with national security
implications: Secretary of Defense review
``(a) Review.--The Secretary of Defense shall conduct a
review of any proposed acquisition of a business concern that
is a critical United States defense supplier with respect to
which the Attorney General or the Federal Trade Commission
receives notice under the antitrust laws. In conducting such
review, the Secretary shall assess the likely effect of the
proposed acquisition (if carried out) on the policy
objectives for the national technology and industrial base
(as set forth in section 2501(a) of this title) and on such
other considerations relating to national security as the
Secretary considers appropriate.
``(b) Communication of Views of Secretary.--In any case in
which the Secretary determines, as the result of a review and
assessment under subsection (a), that a proposed acquisition
is likely to have an appreciable effect (whether positive or
negative) on the policy objectives for the national
technology and industrial base or on other considerations
relevant to national security (as determined by the
Secretary), the Secretary shall immediately communicate that
determination, in writing, to the Attorney General and the
Federal Trade Commission. The Secretary shall include in such
communication the Secretary's evaluation concerning the
proposed acquisition.
``(c) Definition.--In this section, the term `critical
United States defense supplier' means a company organized
under the laws of the United States that is--
``(1) a contractor or critical subcontractor for a major
system, as defined in section 2302(9) of this title;
``(2) a contractor for a contract awarded to a particular
source pursuant to paragraph (3) of section 2304(c) of this
title for the reasons described in clause (A) of that
paragraph; or
``(3) in such other category as the Secretary of Defense
may prescribe by regulation as being critical to the national
technology and industrial base.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2508. Antitrust cases with national security implications: Secretary
of Defense review.''.
Subtitle C--Other Matters
SEC. 871. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Analysis.--Before development under a major defense
acquisition program begins, the Secretary of Defense shall
analyze the life-cycle environmental costs of such program.
(b) Guidance.--The Secretary of Defense shall issue
guidance, to apply uniformly throughout the Department of
Defense, regarding--
(1) how to ensure timely compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to major defense acquisition programs (as
defined in section 2430 of title 10, United States Code); and
(2) how to analyze the life-cycle environmental costs for
such major defense acquisition program.
(c) Data Base for NEPA Documentation.--The Secretary of
Defense shall establish and maintain a data base for
documents prepared by the Department of Defense in complying
with the National Environmental Policy Act of 1969 with
respect to major defense acquisition programs. Any such
document relating to a major defense acquisition program
shall be maintained in the data base for 5 years after
commencement of low-rate initial production of the program.
SEC. 872. AWARD OF CONTRACTS AND GRANTS ON THE BASIS OF
COMPETITION.
(a) Policy.--Section 2301 of title 10, United States Code
(as amended by section 811) is further amended by adding at
the end the following new subsection:
``(e)(1) It is the policy of Congress that the Department
of Defense should not be required by legislation to award a
new contract or grant to a specific non-Federal Government
entity (a practice commonly known as earmarking) for basic
research, exploratory development, advanced technology
development, and manufacturing technology activities. It is
further the policy of Congress that any program, project, or
technology identified in legislation be procured through
competitive procedures, and that any such program, project,
or technology not be so narrowly described in legislation
that only one institution qualifies for competition.
``(2) A provision of law may not be construed as requiring
the Department of Defense to award a new contract or grant to
a specific non-Federal Government entity unless that
provision of law--
``(A) specifically refers to this subsection;
``(B) specifically identifies the particular non-Federal
Government entity to be awarded the contract or grant; and
``(C) sets forth the national defense purpose to be
fulfilled by requiring the department to award a new contract
or grant to the specified non-Federal Government entity.
``(3) For purposes of this subsection--
``(A) a contract is a new contract unless the work provided
for in the contract is a continuation of the work provided
for in a preceding contract; and
``(B) a grant is a new grant unless the work funded by the
grant is substantially a continuation of the work for which
funding is provided in a preceding grant.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT
SEC. 901. REVISION OF NATIONAL GUARD BUREAU CHARTER.
(a) In General.--(1) Subtitle A of title 10, United States
Code, is amended by inserting after chapter 11 the following
new chapter:
``CHAPTER 12--NATIONAL GUARD BUREAU
``291. National Guard Bureau.
``292. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade.
``293. Functions of National Guard Bureau: charter from Secretaries of
the Army and Air Force.
``294. Chief of National Guard Bureau: annual report.
``295. Vice Chief of the National Guard Bureau.
``296. Other senior National Guard Bureau officers.
``297. Definition.
``Sec. 291. National Guard Bureau
``(a) National Guard Bureau.--There is in the Department of
Defense the National Guard Bureau, which is a joint bureau of
the Department of the Army and the Department of the Air
Force.
``(b) Purposes.--The National Guard Bureau is the channel
of communications on all matters pertaining to the National
Guard, the Army National Guard of the United States, and the
Air National Guard of the United States between (1) the
Department of the Army and Department of the Air Force, and
(2) the several States.
``Sec. 292. Chief of the National Guard Bureau: appointment;
adviser on National Guard matters; grade
``(a) Appointment.--There is a Chief of the National Guard
Bureau, who is responsible for the organization and
operations of the National Guard Bureau. The Chief of the
National Guard Bureau is appointed by the President, by and
with the advice and consent of the Senate. Such appointment
shall be made from officers of the Army National Guard of the
United States or the Air National Guard of the United States
who--
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(2) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard; and
``(3) are in a grade above the grade of brigadier general.
``(b) Term of Office.--An officer appointed as Chief of the
National Guard Bureau serves at the pleasure of the President
for a term of four years. An officer may not hold that office
after becoming 64 years of age. An officer may be reappointed
as Chief of the National Guard Bureau.
``(c) Adviser on National Guard Matters.--The Chief of the
National Guard Bureau is the principal adviser to the
Secretary of the Army and the Chief of Staff of the Army, and
to the Secretary of the Air Force and the Chief of Staff of
the Air Force, on matters relating to the National Guard, the
Army National Guard of the United States, and the Air
National Guard of the United States.
``(d) Grade.--The Chief of the National Guard Bureau shall
be appointed to serve in a grade above major general.
``Sec. 293. Functions of National Guard Bureau: charter from
Secretaries of the Army and Air Force
``The Secretary of the Army and the Secretary of the Air
Force shall jointly develop and prescribe a charter for the
National Guard Bureau. The charter shall cover the following
matters:
``(1) Allocating unit structure, strength authorizations,
and other resources to the Army National Guard of the United
States and the Air National Guard of the United States.
``(2) Prescribing the training discipline and training
requirements for the Army National Guard and the Air National
Guard and the allocation of Federal funds for the training of
the Army National Guard and the Air National Guard.
``(3) Ensuring that units and members of the Army National
Guard and the Air National Guard are trained by the States in
accordance with approved programs and policies of, and
guidance from, the Chief, the Secretary of the Army, and the
Secretary of the Air Force.
``(4) Monitoring and assisting the States in the
organization, maintenance, and operation of National Guard
units so as to provide well-trained and well-equipped units
capable of augmenting the active forces in time of war or
national emergency.
``(5) Planning and administering the budget for the Army
National Guard of the United States and the Air National
Guard of the United States.
``(6) Supervising the acquisition and supply of, and
accountability of the States for, Federal property issued to
the National Guard through the property and fiscal officers
designated, detailed, or appointed under section 708 of title
32.
``(7) Granting and withdrawing, in accordance with
applicable laws and regulations, Federal recognition of (A)
National Guard units, and (B) officers of the National Guard.
``(8) Establishing policies and programs for the employment
and use of National Guard technicians under section 709 of
title 32.
``(9) Supervising and administering the Active Guard and
Reserve program as it pertains to the National Guard.
``(10) Issuing directives, regulations, and publications
consistent with approved policies of the Army and Air Force,
as appropriate.
``(11) Facilitating and supporting the training of members
and units of the National Guard to meet State requirements.
``(12) Such other functions as the Secretaries may
prescribe.
``Sec. 294. Chief of National Guard Bureau: annual report
``(a) Annual Report.--The Chief of the National Guard
Bureau shall submit to the Secretary of Defense an annual
report on the state of the National Guard and the ability of
the National Guard to meet its missions. The report shall be
prepared in conjunction with the Secretary of the Army and
the Secretary of the Air Force and may be submitted in
classified and unclassified versions.
``(b) Submission of Report to Congress.--The Secretary of
Defense shall transmit the annual report of the Chief of the
National Guard Bureau to Congress, together with such
comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time
each year that the annual report of the Secretary under
section 113(c) of this title is submitted to Congress.
``Sec. 295. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the
National Guard Bureau, selected by the Secretary of Defense
from officers of the Army National Guard of the United States
or the Air National Guard of the United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard; and
``(C) are in a grade above the grade of colonel.
``(2) The Chief and Vice Chief of the National Guard Bureau
may not both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves
for a term of four years, but may be removed from office at
any time for cause.
``(B) The term of the Vice Chief of the National Guard
Bureau shall end upon the appointment of a Chief of the
National Guard Bureau who is a member of the same armed force
as the Vice Chief.
``(4) The Secretary of Defense may waive the restrictions
in paragraph (2) and the provisions of paragraph (3)(B) for a
limited period of time to provide for the orderly transition
of officers appointed to serve in the positions of Chief and
Vice Chief of the National Guard Bureau.
``(b) Duties.--The Vice Chief of the National Guard Bureau
performs such duties as may be prescribed by the Chief of the
National Guard Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau
shall be appointed to serve in a grade above brigadier
general.
``(d) Functions as Acting Chief.--When there is a vacancy
in the office of the Chief of the National Guard Bureau or in
the absence or disability of the Chief, the Vice Chief of the
National Guard Bureau acts as Chief and performs the duties
of the Chief until a successor is appointed or the absence or
disability ceases.
``(e) Succession After Chief and Vice Chief.--When there is
a vacancy in the offices of both Chief and Vice Chief of the
National Guard Bureau or in the absence or disability of both
the Chief and Vice Chief of the National Guard Bureau, or
when there is a vacancy in one such office and in the absence
or disability of the officer holding the other, the senior
officer of the Army National Guard of the United States or
the Air National Guard of the United States on duty with the
National Guard Bureau shall perform the duties of the Chief
until a successor to the Chief or Vice Chief is appointed or
the absence or disability of the Chief or Vice Chief ceases,
as the case may be.
``Sec. 296. Other senior National Guard Bureau officers
``(a) Additional General Officers.--(1) In addition to the
Chief and Vice Chief of the National Guard Bureau, there
shall be assigned to the National Guard Bureau--
``(A) two general officers selected by the Secretary of the
Army from officers of the Army National Guard of the United
States who have been nominated by their respective Governors
or, in the case of the District of Columbia, the commanding
general of the District of Columbia National Guard, the
senior of whom while so serving shall hold the grade of major
general and serve as Director, Army National Guard, with the
other serving as Deputy Director, Army National Guard; and
``(B) two general officers selected by the Secretary of the
Air Force from officers of the Air National Guard of the
United States who have been nominated by their respective
Governors or, in the case of the District of Columbia, the
commanding general of the District of Columbia National
Guard, the senior of whom while so serving shall hold the
grade of major general and serve as Director, Air National
Guard, with the other serving as Deputy Director, Air
National Guard.
``(2) The officers so selected shall assist the Chief of
the National Guard Bureau in carrying out the functions of
the National Guard Bureau as they relate to their respective
branches.
``(b) Other Officers.--There are in the National Guard
Bureau a legal counsel, a comptroller, and an inspector
general, each of whom shall be appointed by the Chief of the
National Guard Bureau. They shall perform such duties as the
Chief may prescribe.
``Sec. 297. Definition
``In this chapter, the term `State' includes the District
of Columbia, the Commonwealth of Puerto Rico, and Guam and
the Virgin Islands.''.
(2) The table of chapters at the beginning of subtitle A of
title 10, United States Code, and at the beginning of part I
of such subtitle, are each amended by inserting after the
item relating to chapter 11 the following:
National Guard Bureau............................................291''.
(b) Conforming Repeal.--(1) Section 3040 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 305
of such title is amended by striking out the item relating to
section 3040.
(c) Conforming Amendment.--The text of section 108 of title
32, United States Code, is amended to read as follows:
``If, within a time fixed by the President, a State fails
to comply with a requirement of this title, or a regulation
prescribed under this title, the National Guard of that State
is barred, in whole or in part, as the President may
prescribe, from receiving money or any other aid, benefit, or
privilege authorized by law.''.
(d) Effective Date.--The amendments made by this section
shall take effect at the end of the 90-day period beginning
on the date of the enactment of this Act.
SEC. 902. ARMY RESERVE COMMAND.
(a) In General.--(1) Chapter 307 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3083. Army Reserve Command
``(a) Establishment of Command.--There is in the Army a
United States Army Reserve Command, which shall be maintained
as a separate command of the Army. The Army Reserve Command
shall be established and maintained by the Secretary of the
Army with the advice and assistance of the Chief of Staff of
the Army.
``(b) Supervision By Chief of Staff.--The Secretary of the
Army shall provide for the Chief of Staff of the Army to
exercise supervision over the Army Reserve Command and to
perform all other responsibilities and functions with respect
to such command as are specified or authorized in subsections
(c), (d), and (e) of section 3033 of this title.
``(c) Commander.--Unless otherwise directed by the
Secretary, the Chief of the Army Reserve shall be the
commander of the Army Reserve Command. The commander of the
Army Reserve Command reports directly to the Chief of Staff
of the Army.
``(d) Assignment of Forces.--The Secretary of the Army
shall assign to the Army Reserve Command all forces of the
Army Reserve.
``(e) Functions of Chief of Staff.--The Chief of Staff of
the Army, acting through the active component command
structure, shall--
``(1) be responsible for establishing standards, evaluating
units, validating units, and providing training assistance
for the Army Reserve in the areas of unit training,
readiness, and mobilization;
``(2) establish procedures for the evaluation of reserve
component units by active component units for the purpose of
determining whether, or to what extent, they meet the
standards established under paragraph (1);
``(3) establish policies for acceptance of premobilization
readiness evaluation results where appropriate during a
mobilization in order to minimize the time required to
certify reserve units as ready for combat operations and to
avoid unnecessary duplicative training;
``(4) validate and certify the readiness of reserve
component units after they are mobilized; and
``(5) establish training doctrine (with associated tasks,
conditions, and standards) for individual and unit training
and standards, control of certification, and validation for
all courses, instructors, and students for the Army Reserve.
``(f) Responsibility.--The commander of the Army Reserve
Command is responsible for meeting the standards and
complying with the evaluation, certification, and validation
requirements established by the Chief of Staff pursuant to
paragraphs (1) and (2) of subsection (e).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``3083. Army Reserve Command.''.
(b) Conforming Repeal.--Section 903 of Public Law 101-510
(10 U.S.C. 3074 note) is repealed.
(c) Implementation Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Army shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the plans of
the Secretary for implementing of section 3082 of title 10,
United States Code, as added by subsection (a).
(d) Schedule for Implementation.--Implementation of section
3082 of title 10, United States Code, as added by subsection
(a), shall begin not later than 90 days after the date of the
enactment of this Act and shall be completed not later than
one year after such date.
SEC. 903. ASSIGNMENT OF RESERVE FORCES TO COMBATANT COMMANDS.
Section 162 of title 10, United States Code, is amended by
adding at the end the following new subsections:
``(c) Assignment of Reserve Forces.--(1) Except as provided
in subsection (d), reserve component forces shall be subject
to paragraphs (1) and (2) of subsection (a) only after being
called or ordered to active duty (other than for training) in
accordance with chapter 39 and sections 3013, 5013, and 8013
of this title, as applicable.
``(2) The Secretary of each military department, in
accordance with directives issued by the Secretary of
Defense, shall allocate reserve component units under the
Secretary's jurisdiction to the combatant command or commands
to which it is expected that they may be assigned after being
called or ordered to active duty (other than for training).
``(3) The commanders of the combatant commands to which a
reserve component unit may be assigned after being called or
ordered to active duty (other than for training) shall
establish standards in the areas of (A) joint training, and
(B) readiness to carry out missions assigned to the
commanders. The Secretaries of the military departments, in
accordance with their responsibilities under chapters 303,
503, and 803 of this title, shall prepare reserve component
units to meet the standards established by the commanders of
the combatant commands.
``(4) As directed by the Secretary of Defense, and
notwithstanding paragraphs (1), (2), and (3), reserve
component special operations units and personnel designated
under section 167(b) of this title may be treated in the same
manner as active forces under paragraph (1) of subsection
(a).
``(d) Authority of Governors Over National Guard.--Nothing
in this section shall be construed to limit or otherwise
modify the authorities reserved to the Governors of the
several States over forces of the National Guard when those
forces are not in Federal service.
``(e) Definition.--In this section, the term `forces'
refers to military units and personnel that the Secretary of
a military department has determined, in accordance with the
Secretary's responsibilities under chapter 303, 505, or 803
of this title, as applicable, to be prepared for the
effective prosecution of war, in accordance with section
3062, 5062, 5063, or 8062 of this title and, therefore,
capable of carrying out missions assigned to the commander of
a combatant command.''.
SEC. 904. BUDGET SUPPORT FOR RESERVE ELEMENTS OF SPECIAL
OPERATIONS COMMAND.
Section 167 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) Budget Support for Reserve Elements.--The budget
proposal for the special operations command that is submitted
to the Secretary of Defense for any fiscal year may not,
without the concurrence of the Secretary of the military
department concerned, propose to eliminate, or to
significantly reduce the level of funding for, a reserve
component special operations unit. The budget proposal for a
military department that is submitted to the Secretary of
Defense for any fiscal year may not, without the concurrence
of the commander of the special operations command, propose
funding for special operations forces in the military
personnel budget for a reserve component in that military
department that has the effect of proposing to eliminate, or
to significantly reduce the level of funding for, a reserve
component special operations unit.''.
SEC. 905. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT OF
DEFENSE TO UNDER SECRETARY OF DEFENSE
(COMPTROLLER).
(a) In General.--(1) Section 135 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking out ``Comptroller of the
Department of Defense'' and inserting in lieu thereof ``Under
Secretary of Defense (Comptroller)''; and
(B) in subsections (b), (c), (d), and (e), by striking out
``Comptroller'' each place it appears and inserting in lieu
thereof ``Under Secretary of Defense (Comptroller)''.
(2) The heading for such section is amended to read as
follows:
``Sec. 135. Under Secretary of Defense (Comptroller)''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 4 of such title is
amended to read as follows:
``135. Under Secretary of Defense (Comptroller).''.
(b) Conforming Amendments to Title 10, United States
Code.--(1) Section 131(b)(4) of title 10, United States Code,
is amended by striking out ``Comptroller'' and inserting in
lieu thereof ``Under Secretary of Defense (Comptroller)''.
(2) Section 138(d) of such title is amended by striking out
``and Comptroller''.
(c) Conforming Amendment to Title 5, United States Code.--
Section 5314 of title 5, United States Code, is amended by
striking out ``Comptroller of the Department of Defense'' and
inserting in lieu thereof ``Under Secretary of Defense
(Comptroller).''.
(d) References in Other Laws.--Any reference to the
Comptroller of the Department of Defense in any provision of
law other than title 10, United States Code, or in any rule,
regulation, or other paper of the United States shall be
treated as referring to the Under Secretary of Defense
(Comptroller).
SEC. 906. RECLARIFICATION OF INDEPENDENT STATUS OF DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.
Section 139(c) of title 10, United States Code, is amended
by inserting after ``(c)'' the following: ``Within the Office
of the Secretary of Defense, the Director reports to the
Under Secretary of Defense (Comptroller).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1995
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section
may not exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary of Defense shall
promptly notify Congress of transfers made under the
authority of this section.
SEC. 1002. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.
No funds are authorized to be appropriated under this Act
for the Department of Justice.
SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on Armed Services of the House of
Representatives to accompany the bill H.R. 4301 of the One
Hundred Third Congress and transmitted to the President is
hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1004. DATE FOR SUBMISSION OF FUTURE-YEARS MISSION
BUDGET.
Section 222(a) of title 10, United States Code, is amended
by striking out ``at the same time that'' in the second
sentence and inserting in lieu thereof ``within 30 days after
the date on which''.
Subtitle B--Contingency Operations
SEC. 1021. FUNDING FOR CONTINGENCY OPERATIONS.
(a) Restriction.--Section 127a of title 10, United States
Code, is amended--
(1) by striking out paragraph (3) of subsection (b);
(2) by transferring subsection (d) to the end of the
section and redesignating that subsection as subsection (j);
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Limitation on Source of Funds for Contingency
Operations.--The Secretary of Defense may not use amounts in
an operation and maintenance operating forces account (known
as a budget activity 1 account) in fully reimbursing the
Defense Business Operations Fund under a plan referred to in
subsection (c).'';
(4) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Restriction.--(1) When an operating unit of the armed
forces is assigned to carry out an operational mission for
which funds were not specifically provided in the budget for
the then-current fiscal year, otherwise applicable funding
procedures described in paragraph (2) may not be waived
unless the operational mission is designated as a National
Contingency Operation under subsection (a).
``(2) Paragraph (1) applies to a provision of law or a
Government accounting practice that requires (or that has the
effect of requiring) that when an operating unit of the armed
forces receives support services from a support unit of the
armed forces that operates through the Defense Business
Operations Fund (or a successor fund), that operating unit
shall reimburse that support unit (or that fund) for the
costs incurred by the support unit (or the fund) in providing
such support.''.
(b) Extension of Uses of Appropriated Fund.--Subsection (e)
of such section is amended--
(1) in the subsection heading, by striking out
``Incremental Personnel Costs Account'' and inserting in lieu
thereof ``National Contingency Operation Non-DBOF Costs
Fund'';
(2) in the first sentence, by striking out ``Personnel''
and inserting in lieu thereof ``Non-DBOF Costs''; and
(3) in the second sentence, by inserting before the period
the following: ``and for other costs attributable to a
National Contingency Operation for which funds cannot be
provided through the Defense Business Operations Fund (or a
successor fund), and for no other purpose''.
Subtitle C--Other Matters
SEC. 1031. ANNUAL REPORT ON DENIAL, REVOCATION, AND
SUSPENSION OF SECURITY CLEARANCES.
(a) In General.--The Secretary of Defense shall submit to
Congress, not later than 90 days after the close of each of
fiscal years 1995 through 2000, a report concerning the
denial, revocation, or suspension of security clearances for
Department of Defense military and civilian personnel, and
for Department of Defense contractor employees, for that
fiscal year.
(b) Matter To Be Included in Report.--The Secretary shall
include in each such report the following information with
respect to the fiscal year preceding the fiscal year during
which the report is submitted (shown separately for members
of the Armed Forces, civilian officers and employees of the
Department of Defense, and employees of contractors of the
Department of Defense):
(1) The number of denials, revocations, and suspensions of
a security clearance, including clearance for special access
programs and for sensitive compartmented information.
(2) For cases involving the denial of a security clearance,
the average time period from the date of the initial
determination and notification to the individual concerned of
the denial of the clearance to the date of the final
determination of the denial, as well as the shortest and
longest time period in such cases.
(3) For cases involving the suspension of a security
clearance, the average time period from the date of the
initial determination and notification to the individual
concerned of the suspension of the clearance to the date of
the final determination of the suspension, as well as the
shortest and longest time period of such cases.
(4) The number of cases in which a security clearance was
suspended in which the resolution of the matter was the
restoration of the security clearance, and the average period
of time for such suspensions.
(5) The number of cases in which an individual who had a
security clearance denied or revoked remained employed with
the employing contractor or agency, or remained a member of
the Armed Forces, for three months, for six months, and for
twelve months after the date of the final determination to
deny or revoke the clearance.
(6) The number of cases in which an individual who had a
security clearance suspended, and in which no final
determination had been made, remained employed with the
employing contractor or agency, or remained a member of the
Armed Forces, for three months, for six months, and for
twelve months after the date of the suspension.
(7) The number of cases in which an appeal was made from a
final determination to deny or revoke a security clearance
and, of those, the number in which the appeal resulted in the
granting or restoration of the security clearance.
SEC. 1032. COMMISSION ON ROLES AND MISSIONS OF THE ARMED
FORCES.
(a) Size of Commission.--Section 952(b)(1) of the National
Defense Authorization Act for Fiscal Year 1994 (107 Stat.
1738) is amended by striking out ``seven members'' and
inserting in lieu thereof ``ten members''.
(b) Conforming Amendment.--Section 956(b)(1) of such Act
(107 Stat. 1740) is amended by striking out ``Four members''
and inserting in lieu thereof ``Six members''.
(c) Deadline for Appointment of Additional Members of
Commission.--The additional members of the Commission on
Roles and Missions of the Armed Forces authorized by the
amendment made by subsection (a) shall be appointed by the
Secretary of Defense within 45 days after the date of the
enactment of this Act.
SEC. 1033. PROHIBITION ON AUTHORIZATION OF PAYMENT OF COSTS
UNDER DEFENSE CONTRACTS FOR RESTRUCTURING COSTS
OF A MERGER OR ACQUISITION.
On and after May 4, 1994, the Secretary of Defense may not
authorize payment of any restructuring costs associated with
a merger or acquisition that are incurred by a contractor
under contract with the Department of Defense.
SEC. 1034. TRANSFER OF CERTAIN B-17G AIRCRAFT.
The Secretary of the Air Force shall transfer all right,
title, and interest of the Air Force in a B-17G aircraft,
serial number 44-83684, to the organization known as Planes
of Fame, Chino, California.
SEC. 1035. USS INDIANAPOLIS (CA-35): GALLANTRY, SACRIFICE AND
A DECISIVE MISSION TO END WW II.
(a) The Congress finds that--
(1) the USS INDIANAPOLIS served the people of the United
States with valor and distinction throughout World War Two in
action against enemy forces in the Pacific Theater of
operations from 7 December 1941 to 29 July 1945,
(2) the fast and powerful heavy cruiser with its courageous
and capable crew, compiled an impressive combat record during
her victorious forays across the battle-torn reaches of the
Pacific, receiving in the process ten hard-earned Battle
Stars from the Aleutians to Okinawa,
(3) this mighty ship repeatedly proved herself a swift,
hard-hitting weapon of our Pacific Fleet, rendering
invaluable service in anti-shipping, shore bombardments,
anti-air and invasion support roles, serving with honor and
great distinction as Fifth Fleet Flagship under Adm. Raymond
Spruance, USN, and Third Fleet Flagship under Adm. William F.
Halsey, USN,
(4) this gallant ship, owing to her superior speed and
record of accomplishment, transported the world's first
operational atomic bomb to the Island of Tinian,
accomplishing her mission at a record average speed of 29
knots,
(5) following the accomplishment of her mission, the
INDIANAPOLIS departed Tinian for Guam. And from Guam she
embarked for the Leyte Gulf where she would join with the
fleet assembling for the invasion of Japan. And at 0014 hours
on 30 July 1945, the USS INDIANAPOLIS was sunk by enemy
torpedo action,
(6) of her crew of 1,198 officers and men, approximately
900 survived the initial torpedo attack. And, owing to the
fact that her communication ability had been destroyed in the
attack, INDIANAPOLIS' sinking was not discovered for 5
fateful days, during which the survivors suffered incessant
shark attacks, starvation, desperate thirst, and exposure.
Only 319 were rescued, and
(7) from her participation in the earliest offensive
actions in the Pacific in World War II to becoming the last
capital ship lost in that conflict, the USS INDIANAPOLIS, and
her crew left an indelible imprint on our nation's struggle
to eventual victory. And this selfless and outstanding
performance of duty reflects great credit upon the ship and
her crew, thus upholding the very highest traditions of the
United States Naval Service.
(b) Therefore, the Congress of the United States, acting on
behalf of the grateful people of the United States, hereby
recognizes the invaluable contributions of the USS
INDIANAPOLIS to the ending of WW II. And on the occasion of
the 50th Anniversary of her tragic sinking, and the
dedication of her National Memorial in Indianapolis on July
30th, 1995, the Congress hereby commends this gallant ship
and her crew for selfless and heroic service to the United
States of America.
SEC. 1036. SENSE OF CONGRESS CONCERNING COMMENDATION OF
INDIVIDUALS EXPOSED TO MUSTARD AGENTS DURING
WORLD WAR II TESTING ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should issue to each individual
described in subsection (b) a commendation in honorary
recognition of the individual's special service, loyalty, and
contribution to the United States.
(b) Covered Individuals.--Individuals referred to in
subsection (a) are those individuals who, as members of the
Armed Forces or employees of the Department of War during
World War II, were exposed (without their knowledge or
consent) to mustard agents in connection with testing
performed by the Department of War during that war.
(c) Notification of Exposure.--The Secretary of Defense
shall notify each surviving individual described in
subsection (b) of--
(1) the exposure described in subsection (a);
(2) the possible health effects of the exposure that are
known to the Secretary; and
(3) the likely options available to the individual for
medical treatment for any adverse health effects resulting
from the exposure.
(d) Furnishing of Information to Secretary of Veterans
Affairs.--The Secretary of Defense shall provide to the
Secretary of Veterans Affairs any information of the
Department of Defense regarding the exposure described in
subsection (a), including the names of the individuals
described in subsection (b).
SEC. 1037. SENSE OF CONGRESS CONCERNING ELIGIBILITY FOR ARMED
FORCES EXPEDITIONARY MEDAL BASED UPON SERVICE
IN EL SALVADOR.
(a) Sense of Congress.--It is the sense of Congress that,
for the purpose of determining eligibility of members and
former members of the Armed Forces for the Armed Forces
Expeditionary Medal, the country of El Salvador during the
period beginning on January 1, 1981, and ending on February
1, 1992, should be treated as having been designated as an
area and a period of time in which members of the Armed
Forces participated in operations in significant numbers and
otherwise met the general requirements for the award of that
medal.
(b) Individual Determination.--The Secretary of the
military department concerned should determine whether
individual members or former members of the Armed Forces who
served in El Salvador during the period beginning on January
1, 1981, and ending on February 1, 1992, meet the individual
service requirements for award of the Armed Forces
Expeditionary Medal as established in applicable regulations.
Such determinations should be made as expeditiously as
possible after the date of the enactment of this Act.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Defense Conversion,
Reinvestment, and Transition Assistance Amendments of 1994''.
SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE PROGRAMS FOR FISCAL YEAR
1995.
(a) Funding.--Of the amounts authorized to be appropriated
pursuant to this Act for the Department of Defense for fiscal
year 1995, the sum of $3,256,400,000 shall be available from
the sources specified in subsection (b) for defense
conversion, reinvestment, and transition assistance programs.
(b) Sources of Funds.--The amount set forth in subsection
(a) shall be derived from the following sources in amounts as
follows:
(1) $15,000,000 of the amounts authorized to be
appropriated pursuant to title I.
(2) $2,375,000,000 of the amounts authorized to be
appropriated pursuant to title II.
(3) $866,400,000 of the amounts authorized to be
appropriated pursuant to title III.
(c) Definition.--For purposes of this section, the term
``defense conversion, reinvestment, and transition assistance
programs'' includes the following programs and activities of
the Department of Defense:
(1) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 106 Stat. 2658) and
the amendments made by that Act.
(2) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance
Amendments of 1993 (title XIII of Public Law 103-160; 107
Stat. 1783) and the amendments made by that Act.
(3) The programs and activities authorized by this title
and the amendments made by this title.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT
PROGRAMS FOR FISCAL YEAR 1995.
(a) Funds Available.--Of the amount authorized to be
appropriated under section 201 for Defense-wide activities
and specified in section 1102(b) as a source of funds for
defense conversion, reinvestment, and transition assistance
programs, $771,600,000 shall be available for activities
described in the defense reinvestment program element of the
budget of the Department of Defense for fiscal year 1995.
(b) Allocation of Funds.--The funds made available under
subsection (a) shall be allocated as follows:
(1) $355,600,000 shall be available for defense dual-use
critical technology partnerships under section 2511 of title
10, United States Code.
(2) $50,000,000 shall be available for commercial-military
integration partnerships under section 2512 of such title.
(3) $50,000,000 shall be available for defense regional
technology alliances under section 2513 of such title.
(4) $30,000,000 shall be available for defense advanced
manufacturing technology partnerships under section 2522 of
such title.
(5) $15,000,000 shall be available for support of
manufacturing extension programs under section 2523 of such
title.
(6) $65,000,000 shall be available for the defense dual-use
extension program under section 2524 of such title, of
which--
(A) $15,000,000 shall be used for assistance pursuant to
subsection (c)(3) of such section; and
(B) $50,000,000 shall be available to cover the costs (as
defined in section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant
to subsection (b)(3) of such section.
(7) $24,000,000 shall be available for defense
manufacturing engineering education grants under section 2196
of such title.
(8) $30,000,000 shall be available for the advanced
materials synthesis and processing partnership program.
(9) $35,000,000 shall be available for the agile
manufacturing/enterprise integration program.
(10) $50,000,000 shall be available for the maritime
technology program, as provided for in section 1352(c)(2) of
the National Shipbuilding and Shipyard Conversion Act of 1993
(subtitle D of title XIII of Public Law 103-160; 10 U.S.C.
2501 note).
(11) $37,000,000 shall be available to the Secretary of
Defense to support the activities of the Department of
Defense and Department of Justice Dual-Use Technology
Research and Development Center.
(c) Availability of Funds for Fiscal Year 1994 Technology
Reinvestment Projects.--Funds allocated under paragraphs (1)
through (7) of subsection (b) to the defense reinvestment
programs described in such paragraphs may also be used to
make awards to technology reinvestment projects that were
solicited under such programs in fiscal year 1994.
SEC. 1112. CLARIFICATION OF ELIGIBLE NON-DEPARTMENT OF
DEFENSE PARTICIPANTS IN TECHNOLOGY REINVESTMENT
PROJECTS.
(a) Definition of Eligible Entities.--Section 2491 of title
10, United States Code, is amended--
(1) by redesignating paragraphs (9) through (15) as
paragraphs (10) through (16), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) The term `eligible entity' means an eligible firm or
a labor organization (as defined in section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5)).''.
(b) Conforming Amendments.--(1) Section 2511 of title 10,
United States Code, is amended--
(A) in subsection (b)--
(i) by striking out ``eligible firms'' both places it
appears and inserting in lieu thereof ``eligible entities'';
and
(ii) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''; and
(B) in subsection (f)(6), by striking out ``eligible
firms'' and inserting in lieu thereof ``eligible entities''.
(2) Section 2512 of such title is amended--
(A) in subsection (a)--
(i) by striking out ``eligible firms'' and inserting in
lieu thereof ``eligible entities''; and
(ii) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''; and
(B) in subsection (e)(6), by striking out ``eligible
firms'' and inserting in lieu thereof ``eligible entities''.
(3) Section 2513 of such title is amended--
(A) in subsection (c)(1)(A)(i), by inserting before the
semicolon the following: ``or other eligible entities
operating in such region'';
(B) in subsection (e), by striking out ``eligible firms''
both places it appears and inserting in lieu thereof
``eligible entities''; and
(C) in subsection (f)--
(i) by striking out ``eligible firms'' and inserting in
lieu thereof ``eligible entities''; and
(ii) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''.
(4) Section 2522(b) of such title is amended--
(A) by striking out ``eligible firms'' both places it
appears and inserting in lieu thereof ``eligible entities'';
and
(B) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''.
SEC. 1113. ADDITIONAL CRITERIA FOR LOAN GUARANTEES UNDER THE
DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM.
Section 2524(f) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) In the case of loan guarantees under subsection
(b)(3), the extent to which the loans to be guaranteed would
support the retention of defense workers whose employment
would otherwise be permanently or temporarily terminated as a
result of reductions in expenditures by the United States for
defense, the termination or cancellation of a defense
contract, the failure to proceed with an approved major
weapon system, the merger or consolidation of the operations
of a defense contractor, or the closure or realignment of a
military installation.''.
SEC. 1114. FINANCIAL COMMITMENT REQUIREMENTS FOR SMALL
BUSINESS CONCERNS FOR PARTICIPATION IN
TECHNOLOGY REINVESTMENT PROJECTS.
(a) Defense Dual-Use Critical Technology Partnerships.--
Section 2511(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The Secretary shall consider a partnership proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a partnership proposal submitted by a small
business concern, the Secretary shall extend to the small
business concern a period of not less than 90 days within
which to arrange to meet its financial commitment
requirements under the partnership from sources other than a
person of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated
partnership costs, the Secretary may revoke the selection of
the partnership proposal submitted by the small business
concern.''.
(b) Commercial-Military Integration Partnerships.--Section
2512(c)(3) of such title is amended by adding at the end the
following new subparagraph:
``(C) The Secretary shall consider a partnership proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a partnership proposal submitted by a small
business concern, the Secretary shall extend to the small
business concern a period of not less than 90 days within
which to arrange to meet its financial commitment
requirements under the partnership from sources other than a
person of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated
partnership costs, the Secretary may revoke the selection of
the partnership proposal submitted by the small business
concern.''.
(c) Regional Technology Alliances Assistance Program.--
Section 2513(e) of such title is amended by adding at the end
the following new paragraph:
``(4) The Secretary shall consider a proposal for a
regional technology alliance that is submitted by a small
business concern without regard to the ability of the small
business concern to immediately meet its share of the
anticipated costs of the alliance. Upon the selection of a
proposal submitted by a small business concern, the Secretary
shall extend to the small business concern a period of not
less than 90 days within which to arrange to meet its
financial commitment requirements under the regional
technology alliance from sources other than a person of a
foreign country. If the Secretary determines upon the
expiration of that period that the small business concern
will be unable to meet its share of the anticipated costs,
the Secretary may revoke the selection of the proposal
submitted by the small business concern.''.
(d) Manufacturing Extension Programs.--Section 2523(b)(3)
of such title is amended by adding at the end the following
new subparagraph:
``(E) The Secretary shall consider a proposal for a
manufacturing extension program that is submitted by a small
business concern without regard to the ability of the small
business concern to immediately meet its share of the
anticipated costs of the program. Upon the selection of a
proposal submitted by a small business concern, the Secretary
shall extend to the small business concern a period of not
less than 90 days within which to arrange to meet its
financial commitment requirements under the manufacturing
extension program from sources other than a person of a
foreign country. If the Secretary determines upon the
expiration of that period that the small business concern
will be unable to meet its share of the anticipated costs,
the Secretary may revoke the selection of the partnership
proposal submitted by the small business concern.''.
(e) Defense Dual-Use Assistance Extension Program.--Section
2524(d) of such title is amended by adding at the end the
following new paragraph:
``(3) The Secretary shall consider a program proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated partnership costs. Upon the
selection of a proposal submitted by a small business
concern, the Secretary shall extend to the small business
concern a period of not less than 90 days within which to
arrange to meet its financial commitment requirements under
the program from sources other than a person of a foreign
country. If the Secretary determines upon the expiration of
that period that the small business concern will be unable to
meet its share of the anticipated program costs, the
Secretary may revoke the selection of the program proposal
submitted by the small business concern.''.
(f) Definition of Person of a Foreign Country.--Section
2491 of such title, as amended by section 1112(a) of this
Act, is further amended by adding at the end the following
new paragraph:
``(17) The term `person of a foreign country' has the
meaning given such term in section 3502(d) of the Primary
Dealers Act of 1988 (22 U.S.C. 5342(d)).''.
SEC. 1115. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY
REINVESTMENT PROJECTS.
(a) Benefits to United States Economy.--In providing for
the establishment or financial support of partnerships and
other cooperative arrangements under chapter 148 of title 10,
United States Code, using funds made available under section
1111(a), the Secretary of Defense shall ensure that the
principal economic benefits of, and the job creation
resulting from, such arrangements accrue to the economy of
the United States.
(b) Use of Competitive Selection Procedures.--Funds made
available under subsection (a) of section 1111 for defense
reinvestment programs described in subsection (b) of such
section shall only be provided to projects selected using
competitive procedures pursuant to a solicitation
incorporating cost-sharing requirements for the non-Federal
Government participants in the projects.
Subtitle B--Community Adjustment and Assistance Programs
SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICATION
ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS
FROM OFFICE OF ECONOMIC ADJUSTMENT.
Of the amount made available pursuant to section 1102(a),
$54,100,000 shall be available to provide community
adjustment and economic diversification assistance under
section 2391(b) of title 10, United States Code.
SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICATION.
(a) Form of Community Adjustment and Economic
Diversification.--Section 2391(d) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) The terms `community adjustment' and `economic
diversification' include the development of feasibility
studies and business plans for market diversification by
businesses and labor organizations located in a community
adversely affected by an action described in clause (A), (B),
(C), or (E) of subsection (b)(1).''.
(b) Funding for Fiscal Year 1995.--Of the amount made
available under section 1121, $10,000,000 shall be available
only to provide community adjustment and economic
diversification assistance under section 2391(b) of title 10,
United States Code, for the purpose of developing feasibility
studies and business plans for market diversification by
businesses and labor organizations located in communities
adversely affected by an action described in clause (A), (B),
(C), or (E) of paragraph (1) of such section. The funds
provided to a particular State or local government under this
subsection in fiscal year 1995 may not exceed $50,000.
SEC. 1123. ADVANCE COMMUNITY ADJUSTMENT AND ECONOMIC
DIVERSIFICATION PLANNING.
(a) Assistance Authorized.--Section 2391(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds in order to assist a State or local government in
planning community adjustments and economic diversification
even though the State or local government is not currently
eligible for assistance under paragraph (1) if the Secretary
determines that a substantial portion of the economic
activity or population of the geographic area to be subject
to the advance planning is dependent on defense
expenditures.''.
(b) Conforming Amendments.--Paragraph (8) of such section,
as redesignated by subsection (a)(1), is amended by striking
out ``paragraph (6)'' both places it appears and inserting in
lieu thereof ``paragraph (7)''.
(c) Funding for Fiscal Year 1995.--Of the amount made
available under section 1121, $5,000,000 shall be available
only to provide advance adjustment planning under paragraph
(5) of section 2391(b) of title 10, United States Code, as
added by subsection (a)(2). The funds provided to a
particular State or local government under such paragraph in
fiscal year 1995 may not exceed $1,000,000.
Subtitle C--Personnel Adjustment, Education, and Training Programs
SEC. 1131. CONTINUATION OF TEACHER AND TEACHER'S AIDE
PLACEMENT PROGRAMS.
Of the amount made available pursuant to section 1102(a),
$65,000,000 shall be available for the teacher and teacher's
aide placement programs authorized by sections 1151, 1598,
and 2410j of title 10, United States Code.
SEC. 1132. PROGRAMS TO PLACE SEPARATED MEMBERS AND TERMINATED
DEFENSE EMPLOYEES IN EMPLOYMENT POSITIONS AS
PUBLIC SAFETY OFFICERS.
(a) Separated Members.--Section 1152 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``law enforcement officers'' and
inserting in lieu thereof ``public safety officers''; and
(B) by inserting ``or fire departments'' after
``agencies'';
(2) in subsection (b)(1)(B), by inserting ``or fire
fighting,'' after ``police)'';
(3) in subsection (d)(1)--
(A) by striking out ``law enforcement officers'' and
inserting in lieu thereof ``public safety officers'';
(B) by inserting ``and fire departments'' after ``law
enforcement agencies'';
(C) by striking out ``with these agencies''; and
(D) by striking out ``a law enforcement agency'' and
inserting in lieu thereof ``the agency or department'';
(4) in subsection (d)(2)--
(A) by striking out ``law enforcement officer'' and
inserting in lieu thereof ``public safety officer'';
(B) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(C) by striking out ``law enforcement agency'' the second
place it appears and inserting in lieu thereof ``agency or
department'';
(5) in subsection (d)(4)--
(A) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(B) by inserting ``or department'' after ``the agency'';
(6) in subsection (d)(5)--
(A) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(B) by striking out ``law enforcement agency'' the second
place it appears and inserting in lieu thereof ``agency or
department'';
(7) in subsection (e)(1), by inserting ``and fire
departments'' after ``law enforcement agencies''; and
(8) in subsection (f)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `public safety officer' means a law
enforcement officer or a firefighter.''; and
(C) by adding at the end the following new paragraph:
``(4) The term `firefighter' includes a public employee
member of a rescue squad or ambulance crew.''.
(b) Terminated Employees.--Chapter 81 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 1598a. Assistance to terminated employees to obtain
employment as public safety officers
``(a) Placement Program.--The Secretary of Defense may
establish a program to assist eligible civilian employees of
the Department of Defense after the termination of their
employment to obtain employment as public safety officers
with State and local law enforcement agencies or fire
departments.
``(b) Eligible Employees.--(1) A civilian employee of the
Department of Defense shall be eligible for selection by the
Secretary of Defense to participate in the placement program
authorized by subsection (a) if the employee--
``(A) during the five-year period beginning October 1,
1994, is terminated from such employment as a result of
reductions in defense spending or the closure or realignment
of a military installation, as determined by the Secretary of
Defense; or
``(B) has occupational training or experience related to
law enforcement or fire fighting or satisfies such other
criteria for selection as the Secretary of Defense may
prescribe.
``(2) The Secretary of Defense may accept an application
from a civilian employee referred to in paragraph (1) who was
terminated during the period beginning on October 1, 1990,
and ending on October 1, 1994, if the employee otherwise
satisfies the eligibility criteria specified in that
paragraph.
``(c) Selection of Participants.--(1) The Secretary of
Defense shall select civilian employees to participate in the
placement program on the basis of applications submitted to
the Secretary not later than one year after the date the
employees receive a notice of termination. An application
shall be in such form and contain such information as the
Secretary may require.
``(2) The Secretary may not select a civilian employee to
participate in the program unless the Secretary has
sufficient appropriations for the placement program available
at the time of the selection to satisfy the obligations to be
incurred by the United States under the program with respect
to that participant.
``(d) Placement of Participants as Public Safety
Officers.--Subsections (d), (e), and (f) of section 1152 of
this title shall apply with respect to the placement program
authorized by this section.''.
(c) Clerical Amendments.--(1) The heading of section 1152
of title 10, United States Code, is amended to read as
follows:
``Sec. 1152. Assistance to separated members to obtain
employment as public safety officers''.
(2) The table of sections at the beginning of chapter 58 of
such title is amended by striking out the item relating to
section 1152 and inserting in lieu thereof the following new
item:
``1152. Assistance to separated members to obtain employment as public
safety officers.''.
(3) The table of sections at the beginning of chapter 81 of
such title is amended by adding at the end the following new
item:
``1598a. Assistance to terminated employees to obtain employment as
public safety officers.''.
(d) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $25,000,000 shall be
available for the public safety officer placement programs
authorized by sections 1152 and 1598a of title 10, United
States Code.
SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEMBERS AND
TERMINATED DEFENSE EMPLOYEES IN TEACHING
POSITIONS AS BILINGUAL MATH AND SCIENCE
TEACHERS.
(a) Cooperative Arrangements.--During fiscal year 1995, the
Secretary of Defense shall carry out a pilot program to
establish cooperative arrangements between the Department of
Defense and a consortium of two or more entities described in
subsection (b) for the purpose of assisting bilingual members
of the Armed Forces after their separation from active duty,
and bilingual civilian employees of the Department of Defense
after the termination of their employment, to obtain
certification and employment as bilingual elementary or
secondary school teachers in mathematics or science.
(b) Eligible Entities.--The entities with which the
Secretary of Defense may enter into a cooperative arrangement
under the pilot program are as follows:
(1) Local governments of States that contain military
installations and a high concentration of residents of
Hispanic descent.
(2) A consortium of two or more Hispanic-serving
institutions of higher education (as defined in section
316(b)(1) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)(1))) that have a solid background, expertise, and
experience in operating bilingual teacher training programs
in mathematics and science with an emphasis in English as a
second language.
(c) Eligible Members and Employees.--(1) A member of the
Armed Forces shall be eligible to participate in a
cooperative arrangement established under the pilot program
if the member--
(A) during the seven-year period beginning on October 1,
1992, is discharged or released from active duty after six or
more years of continuous active duty immediately before the
discharge or release;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(2) A civilian employee of the Department of Defense shall
be eligible to participate in a cooperative arrangement
established under the pilot program if the employee--
(A) during the five-year period beginning October 1, 1992,
is terminated from such employment as a result of reductions
in defense spending or the closure or realignment of a
military installation, as determined by the Secretary of
Defense;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(d) Stipend for Participants.--A member of the Armed Forces
or a civilian employee of the Department of Defense who
participates in a cooperative arrangement established under
the pilot program shall be eligible to receive an educational
stipend in the same amount as provided under paragraph (1) of
subsection (g) of section 1151 of title 10, United States
Code, subject to the conditions specified in paragraphs (2)
and (3) of such subsection and section 1598(e)(2) of such
title.
(e) Administrative Costs.--The Secretary of Defense shall
cover the reasonable management costs of the pilot program
incurred by the non-Federal entities participating in the
cooperative arrangements established under the pilot program.
(f) Definitions.--For purposes of this section:
(1) The term ``bilingual'' means the ability to communicate
in both the English and Spanish languages.
(2) The term ``State'' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam, the
Republic of the Marshall Islands, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Palau, and the Virgin Islands.
(g) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $3,000,000 shall be
available to the Secretary of Defense to carry out this
section.
SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPARATED MEMBERS
AND TERMINATED DEFENSE WORKERS TO BECOME
BUSINESS OWNERS.
(a) Business Ownership Demonstration Project.--During
fiscal year 1995, the Secretary of Defense may carry out a
demonstration project in not more than two eligible
communities to assist separated members of the Armed Forces
and terminated defense workers described in subsection (c)
who reside in the community to own their own businesses. The
Secretary shall carry out the demonstration project in
consultation with the Secretary of Commerce.
(b) Eligible Communities.--To be eligible for selection by
the Secretary of Defense as a site for the demonstration
project, a community shall be required to meet two of the
following conditions:
(1) The local economy is heavily dependent on a defense
contractor that is in the process of terminating a major
defense contract (or having such contract terminated by the
Department of Defense) or closing a major facility.
(2) The local economy may be adversely affected by changes
in the use of a national laboratory previously needed for the
testing of nuclear weapons.
(3) The local economy would be adversely affected by the
closing of two or more military installations.
(c) Members and Defense Workers To Be Assisted.--The
purpose of the demonstration project is to assist the
following persons to own their own businesses:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined
by the Secretary of Defense.
(d) Activities Under Demonstration Project.--Under the
demonstration project, the Secretary of Defense shall--
(1) develop a business plan to establish a facility in each
community in which the demonstration project is conducted to
assist persons described in subsection (c) to own their own
businesses;
(2) conduct a market study to identify markets for the
facility;
(3) develop innovative approaches to capital formation for
the facility and persons described in subsection (c);
(4) conduct a skills assessment study to determine the
number and type of employees needed to operate the facility;
and
(5) analyze the potential to use persons described in
subsection (c) as employees of the facility.
SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP RECYCLING AS
A METHOD TO ASSIST SEPARATED MEMBERS AND
TERMINATED DEFENSE WORKERS.
(a) Ship Recycling Demonstration Project.--The Secretary of
Defense may carry out a demonstration project in not more
than three eligible locations to assist separated members of
the Armed Forces and terminated defense workers described in
subsection (c) to obtain employment by participating in the
establishment and operation of ship recycling facilities.
(b) Eligible Locations.--A location shall be eligible for
selection by the Secretary of Defense as a site for the
demonstration project if the location contains one or more
military installations that have been selected for closure or
realignment pursuant to a base closure law and such
installations include naval and port facilities. Competitive
procedures shall be used in the selection of locations in
which to conduct the demonstration project.
(c) Members and Defense Workers To Be Assisted.--The
purpose of the demonstration project is to promote the
establishment and operation of ship recycling facilities that
will provide employment for the following persons:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined
by the Secretary of Defense.
(d) Assistance Authorized.--To carry out the demonstration
project in an eligible location selected by the Secretary,
the Secretary may make grants to, and enter into contracts
and cooperative agreements with, State governments, local
governments, private entities, nonprofit organizations, and
institutions of higher education operating in that location:
(e) Activities Supported.--An entity (or group of such
entities) receiving assistance under the demonstration
project shall use the assistance to perform, or support the
performance of, any of the following:
(1) Develop a business plan to establish a ship recycling
facility for military and commercial ships currently in
service and projected for future scrapping.
(2) In consultation with the private sector, conduct a
market study of--
(A) the existing private sector capacity to perform ship
recycling;
(B) the utilization of existing ship recycling capacity;
(C) the regional impact on markets for scrap generated from
ship recycling;
(D) the environmental remediation requirements associated
with ship recycling;
(E) the ability to incorporate the private sector into the
ship recycling facilities established pursuant to the
demonstration; and
(F) such other issues related to ship recycling as the
Secretary considers appropriate.
(3) Conduct a skills assessment study to determine the
number and type of employees needed to operate a ship
recycling facility.
(4) Develop plans for the cost effective environmental
remediation of ships to be recycled at the facility.
(5) Demonstrate the feasibility of a ship recycling
facility to become financially self-sustaining or project a
reasonable timetable for the completion of the demonstration
project, in which case the entity shall develop training,
skills enhancement, and career placement programs to assist
employees involved in ship recycling to secure new
occupations and careers.
(6) Support regional ship recycling start-up activities.
(7) Analyze the potential to use persons described in
subsection (c) as employees at a ship recycling facility.
(f) Transfer of Excess Naval Vessels.--The Secretary of
Defense may allocate among the ship recycling facilities
established under the demonstration project excess naval
vessels of the United States for recycling.
(g) Funding for Fiscal Year 1995.--Of the amount made
available pursuant to section 1102(a), $15,000,000 shall be
available to the Secretary of Defense to carry out the
demonstration project.
Subtitle D--ARMS Initiative
SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTURING
SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102-
484; 10 U.S.C. 2501 note) is amended by striking out ``fiscal
years 1993 and 1994'' and inserting in lieu thereof ``fiscal
years 1993 through 1995''.
Subtitle E--Other Matters
SEC. 1151. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR
ACTUAL TERMINATION OF DEFENSE PROGRAMS.
(a) Time for Notice Requirement After Submission of
Budget.--Subsection (a) of section 4471 of the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 106 Stat. 2753; 10
U.S.C. 2501 note) is amended--
(1) by striking out ``As soon as reasonably practicable''
and inserting in lieu thereof ``Not later than 30 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
(b) Time for Notice Requirement After Enactment of
Appropriations Act.--Subsection (b) of such section is
amended--
(1) by striking out ``as soon as reasonably practicable''
and inserting in lieu thereof ``not later than 30 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
(c) Time for Notice Requirement on Withdrawal of
Notification.--Subsection (f) of such section is amended--
(1) by striking out ``as soon as reasonably practicable''
and inserting in lieu thereof ``not later than 30 days''; and
(2) by striking out ``and not more than 45 days after such
date,''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SECTION 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1995''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.................. Pine Bluff Arsenal.............. $97,000,000 ...........................
California................ Fort Irwin...................... $10,000,000 ...........................
Georgia................... Fort Benning.................... $4,650,000 ...........................
Fort Gordon..................... $48,250,000 ...........................
Hawaii.................... Schofield Barracks.............. $10,000,000 ...........................
Kentucky.................. Fort Campbell................... $36,400,000 ...........................
Maryland.................. Aberdeen Proving Grounds........ $2,750,000 ...........................
Adelphi Laboratory Center....... $6,600,000 ...........................
New Jersey................ Bayonne Military Ocean Terminal. $4,050,000 ...........................
New York.................. Fort Drum....................... $19,150,000 ...........................
U.S. Military Academy, West ...........................
Point........................... $28,000,000
North Carolina............ Fort Bragg...................... $29,000,000 ...........................
Sunny Point Military Ocean ...........................
Terminal........................ $22,200,000
Oregon.................... Umatilla Depot Activity......... $179,000,000 ...........................
Oklahoma.................. Fort Sill....................... $18,000,000 ...........................
Pennsylvania.............. Tobyhanna Depot................. $17,000,000 ...........................
Texas..................... Fort Bliss...................... $20,800,000 ...........................
Fort Hood....................... $49,000,000 ...........................
Fort Sam Houston................ $7,050,000 ...........................
Virginia.................. Fort Lee........................ $21,000,000 ...........................
Fort Myer....................... $7,300,000 ...........................
Washington................ Fort Lewis...................... $64,000,000 ...........................
CONUS Classified.......... Classified Location............. $1,900,000 ...........................
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Korea...................... Camp Casey..................... $40,800,000 ...........................
Kwajalein Atoll............ Kwajalein...................... $6,400,000 ...........................
Worldwide.................. Host Nation Support............ $25,000,000 ...........................
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installatio for the purposes, and in the
amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............. Fort Carson.......... 145 units............ $16,500,000rpose Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............. Fort Carson.......... 145 units............ $16,500,000
Hawaii................ Schofield Barracks... 190 units............ $26,000,000 .....................
Massachusetts......... Natic Research Center 35 units............. $4,150,000 .....................
New York.............. U.S. Military $8,000,000 .....................
Academy, West Point. 56 units.............
South Carolina........ Fort Jackson......... 105 units............ $12,000,000 .....................
Texas................. Fort Bliss........... 215 units............ $21,400,000 .....................
Fort Sam Houston..... 100 units............ $10,000,000 .....................
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $5,992,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing in an
amount not to exceed $49,760,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,139,036,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $703,100,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $72,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,126,000.
(5) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $164,402,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,121,208,000, of which not more than
$243,442,000 may be obligated or expended for the leasing of
military family housing worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by l the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2105. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
FORT BRAGG, NORTH CAROLINA, FOR WHICH FUNDS
HAVE BEEN APPROPRIATED.
Using amounts previously appropriated for this purpose, the
Secretary of the Army may carry out a military construction
project for the construction of a library at Fort Bragg,
North Carolina, in the total amount of $5,500,000.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), and, in the case of the project described in
section 2204(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Navy may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
California................ Camp Pendleton Amphibious Task ...........................
Force........................... $10,700,000
Camp Pendleton Marine Corp Base. $7,470,000 ...........................
China Lake Naval Air Warfare ...........................
Center.......................... $6,000,000
El Centro Naval Air Facility.... $3,000,000 ...........................
Lemoore Naval Air Station....... $7,000,000 ...........................
North Island Naval Air Station.. $18,830,000 ...........................
Port Hueneme Construction ...........................
Battalion Center................ $9,650,000
San Diego Marine Corps Recruit ...........................
Depot........................... $1,090,000
San Diego Naval Station......... $4,100,000 ...........................
Twentynine Palms, Marine Corps ...........................
Air-Ground Combat Center........ $2,900,000
Florida................... Blount Island................... $10,000,000 ...........................
Jacksonville Fleet and ...........................
Industrial Supply Center........ $2,200,000
Pensacola Naval Air Station..... $2,100,000 ...........................
Hawaii.................... Kaneohe Bay Marine Corps Air ...........................
Station......................... $171,000
Illinois.................. Great Lakes Navy Public Works ...........................
Center.......................... $13,000,000
Indiana................... Crane Naval Surface Warfare ...........................
Center.......................... $8,415,000
Maryland.................. Indian Head Naval Surface ...........................
Warfare Center.................. $10,000,000
Patuxent River Naval Air Warfare ...........................
Center.......................... $8,200,000
United States Naval Academy..... $2,000,000 ...........................
New Jersey................ Lakehurst Naval Air Warfare ...........................
Center.......................... $2,950,000
New Mexico................ White Sands Naval Ordnance ...........................
Missile Test Station............ $1,390,000
North Carolina............ Camp Lejeune Marine Corp Base... $14,850,000 ...........................
Cherry Point Marine Corps Air ...........................
Station......................... $2,100,000
Pennsylvania.............. Philadelphia Naval Shipyard..... $11,500,000 ...........................
Rhode Island.............. Newport Naval Education and ...........................
Training Center................. $14,500,000
Newport Naval War College....... $28,000,000 ...........................
South Carolina............ Beauford Marine Corps Air ...........................
Station......................... $10,800,000
Parris Island Marine Corps ...........................
Recruit Depot................... $8,550,000
Texas..................... Ingleside Naval Station......... $14,110,000 ...........................
Kingsville Naval Air Station.... $1,530,000 ...........................
Virginia.................. Chesapeake Naval Security Group ...........................
Activity........................ $1,150,000
Dam Neck Fleet Combat Training ...........................
Center.......................... $7,000,000
Little Creek Amphibious Base.... $5,000,000 ...........................
Norfolk Marine Corps Security ...........................
Force Battalion Atlantic........ $6,480,000
Norfolk Naval Base.............. $5,100,000 ...........................
Norfolk Naval Station........... $17,430,000 ...........................
Oceana Naval Air Station........ $4,700,000 ...........................
Quantico Marine Corps Combat ...........................
Development Command............. $19,900,000
Washington................ Bremerton Puget Sound Naval ...........................
Shipyard........................ $11,040,000
Everett Naval Station........... $21,690,000 ...........................
Whidbey Island Naval Air Station $5,200,000 ...........................
Various Locations......... Aircraft Fire Rescue and Vehicle ...........................
Maintenance Facilities.......... $2,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Greece.............................. Souda Bay, Crete Naval Support Activity.. $3,050,000
Guam................................ Public Works Center...................... $21,600,000
Italy............................... Naples Naval Support Activity............ $28,460,000
Sigonella Naval Air Station.............. $13,750,000
Puerto Rico......................... Sabana Seca Naval Security Group Activity $1,650,000
United Kingdom...................... Saint Mawgan Joint Communication Center.. $3,900,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installatio for the purposes, and in the
amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............ Camp Pendleton Marine $28,552,000
Corps Base.......... 196 units............
San Diego Navy Public $18,262,000
Works Center........ 136 units............
Hawaii................ Pearl Harbor Public .....................
Works Center........ 100 units
(replacement)....... $16,000,000
Maryland.............. Patuxent River Naval $863,000
Air Station......... Housing Office.......
Mississippi........... Gulfport Construction $10,370,000 .....................
Battalion Center.... 120 units............
Texas................. Corpus Christi Naval $11,800,000 .....................
Air Station......... 100 units............
Virginia.............. Norfolk Navy Public
Works Center........ Warehouse & Self Help
Center.............. $555,000
Washington............ Everett Naval Station Housing Office....... $780,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $24,681,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in the amount of $155,602,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $1,569,850,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $325,996,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $72,410,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $43,380,000.
(5) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $267,465,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$853,599,000, of which not more than $114,336,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by l the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $18,000,000 (the balance of the amount authorized under
section 2201(a) for the construction of a Strategic Maritime
Research Center at the Naval War College, Newport, Rhode
Island).
SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT MILITARY
CONSTRUCTION PROJECT AT NAVAL SUPPLY CENTER,
PENSACOLA, FLORIDA.
(a) Reauthorization.--Notwithstanding section
2205(b)(1)(D)(ii) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1865), the Secretary of the Navy may carry out the
military construction project at the Naval Supply Center,
Pensacola, Florida, which involves construction of a cold
storage facility at the installation and was originally
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1992 (division B of Public
Law 102-190; 105 Stat. 1514).
(b) Conforming Amendment.--Section 2205(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division
B of Public Law 102-190; 105 Stat. 1518), as amended by
section 2205(b)(2) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1865), is further amended--
(A) in the matter preceding the paragraphs, by striking out
``$1,759,990,000'' and inserting in lieu thereof
``$1,765,690,000''; and
(B) in paragraph (1), by striking out ``$667,700,000'' and
inserting in lieu thereof ``$673,400,000''.
SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT NAVAL
STATION, FLORIDA.
(a) Commencement of Design Activities.--At the conclusion
of the facilities study prepared by the Secretary of the Navy
to identify infrastructure improvements that would be
necessary to provide Mayport Naval Station, Florida, with the
capability to serve as a homeport for a nuclear powered
aircraft carrier and the programmatic environmental impact
study to identify environmental issues associated with such
improvements, the Secretary shall begin design work for such
military construction projects as may be necessary to provide
for such a capability.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed as an authorization to the Secretary to proceed
with the construction of facilities specifically designed to
make Mayport Naval Station capable of serving as a homeport
for a nuclear powered aircraft carrier.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................. Maxwell Air Force Base.................... $9,600,000
Maxwell Air Force Base Annex.............. 3,700,000
Alaska.............................. Cape Lisburne Long Range Radar Site....... $2,800,000
Arizona............................. Davis Monthan Air Force Base.............. $1,400,000
California.......................... Beale Air Force Base...................... $11,850,000
Edwards Air Force Base.................... $14,850,000
McClellan Air Force Base.................. $10,150,000
Travis Air Force Base..................... $12,600,000
Vandenberg Air Force Base................. $6,550,000
Colorado............................ Peterson Air Force Base................... $1,750,000
Delaware............................ Dover Air Force Base...................... $10,500,000
Florida............................. Cape Canaveral Air Force Station.......... $10,450,000
Georgia............................. Moody Air Force Base...................... $13,400,000
Robins Air Force Base..................... $21,200,000
Idaho............................... Mountain Home Air Force Base.............. $4,950,000
Illinois............................ Scott Air Force Base...................... $2,700,000
Kansas.............................. McConnell Air Force Base.................. $500,000
Louisiana........................... Barksdale Air Force Base.................. $1,500,000
Maryland............................ Andrews Air Force Base.................... $6,300,000
Mississippi......................... Columbus Air Force Base................... $10,000,000
Keesler Air Force Base.................... $11,240,000
Missouri............................ Whiteman Air Force Base................... $24,290,000
Montana............................. Malstrom Air Force Base................... $7,200,000
Nebraska............................ Offutt Air Force Base..................... $2,260,000
New Jersey.......................... McGuire Air Force Base.................... $17,000,000
New Mexico.......................... Holloman Air Force Base................... $10,950,000
Kirtland Air Force Base................... $3,200,000
North Carolina...................... Pope Air Force Base....................... $4,750,000
North Dakota........................ Grand Forks Air Force Base................ $5,200,000
Minot Air Force Base...................... $10,350,000
Ohio................................ Wright-Patterson Air Force Base........... $8,250,000
Oklahoma............................ Altus Air Force Base...................... $3,750,000
Tinker Air Force Base..................... $20,443,000
Vance Air Force Base...................... $11,680,000
South Carolina...................... Charleston Air Force Base................. $11,400,000
South Dakota........................ Ellsworth Air Force Base.................. $5,950,000
Tennessee........................... Arnold Air Force Base..................... $1,900,000
Texas............................... Brooks Air Force Base..................... $6,500,000
Dyess Air Force Base...................... $5,400,000
Kelly Air Force Base...................... $16,550,000
Lackland Air Force Base................... $5,200,000
Sheppard Air Force Base................... $3,300,000
Virginia............................ Langley Air Force Base.................... $5,500,000
Washington.......................... Fairchild Air Force Base.................. $14,350,000
McChord Air Force Base.................... $10,400,000
Wyoming............................. F.E. Warren Air Force Base................ $2,650,000
CONUS Classified.................... Classified Location....................... $2,141,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and may carry out military construction projects for
the installations and locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Germany............................. Ramstein Air Base......................... $12,350,000
Spangdahlem Air Base...................... $9,473,000
Greenland........................... Thule Air Base............................ $2,450,000
Portugal............................ Lajes Field, Azores....................... $2,850,000
United Kingdom...................... Lakenheath Royal Air Force Base........... $7,100,000
Overseas Classified................. Classified Location....................... $4,050,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installatio for the purposes, and in the
amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alabama............... Maxwell Air Force $2,100,000
Base................ 25 units.............
Arizona............... Davis-Monthan Air $10,029,000
Force Base.......... 110 units............
California............ Beale Air Force Base. 76 units............. $8,842,000
Edwards Air Force $4,629,000
Base................ 34 units.............
Los Angeles Air Force $5,000,000
Station............. 50 units.............
Vandenberg Air Force $16,460,000
Base................ 128 units............
District of Columbia.. Bolling Air Force $9,000,000
Base................ 100 units............
Florida............... Patrick Air Force $7,145,000
Base................ 75 units.............
Idaho................. Mountain Home Air $881,000
Force Base.......... 4 units..............
Mountain Home Air $5,712,000
Force Base.......... 60 units.............
Kansas................ McConnell Air Force $8,322,000
Base................ 70 units.............
Louisiana............. Barksdale Air Force $8,236,000
Base................ 82 units.............
Missouri.............. Whiteman Air Force $567,000
Base................ Housing Office.......
New Mexico............ Cannon Air Force Base 1 unit............... $230,000
Holloman Air Force $7,733,000
Base................ 76 units.............
Kirtland Air Force $10,058,000
Base................ 106 units............
North Carolina........ Pope Air Force Base.. 120 units............ $14,874,000
Seymour Johnson Air $6,025,000
Force Base.......... 74 units.............
North Dakota.......... Grand Forks Air Force $709,000
Base................ Housing Office.......
South Carolina........ Shaw Air Force Base.. 3 units.............. $631,000
Texas................. Dyess Air Force Base. 59 units............. $7,077,000
Utah.................. Hill Air Force Base.. 138 units............ $11,400,000
Virginia.............. Langley Air Force $14,421,000
Base................ 148 units............
Washington............ Fairchild Air Force $1,035,000
Base................ 6 units..............
Wyoming............... F.E. Warren Air Force $11,321,000
Base................ 106 units............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $9,275,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $61,770,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,548,040,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $388,554,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $38,273,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $49,386,000.
(5) For the construction of the climatic test chamber at
Eglin Air Force Base, Florida, authorized by section 2301(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2594),
$20,000,000.
(6) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $243,482,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$801,345,000, of which not more than $112,757,000 may be
obligated or expended for leasing of military family housing
units worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by l the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2305. REVISION OF FAMILY HOUSING PROJECT AT TYNDALL AIR
FORCE BASE, FLORIDA.
The table in section 2302(a) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public
Law 103-160; 107 Stat. 1869) is amended in the item relating
to Tyndall Air Force Base, Florida, by striking out
``Infrastructure'' and inserting in lieu thereof ``45
units''.
SEC. 2306. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS AT
TYNDALL AIR FORCE BASE, FLORIDA, FOR WHICH
FUNDS HAVE BEEN APPROPRIATED.
(a) Authorization.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1867) is amended in the item
relating to Tyndall Air Force Base, Florida, by striking out
``$2,600,000'' and inserting in lieu thereof ``$8,200,000''.
(b) Conforming Amendment.--Section 2304(a) of such Act (107
Stat. 1870) is amended--
(1) in the matter preceding the paragraphs, by striking out
``$2,040,031,000'' and inserting in lieu thereof
``$2,045,631,000''; and
(2) in paragraph (1), by striking out ``$877,539,000'' and
inserting in lieu thereof ``$883,139,000''.
SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3.
Of the amount authorized to be appropriated under section
301(4) for the Air Force (and made available for real
property maintenance), $10,000,000 shall be available to the
Secretary of the Air Force to proceed with the modification
of Air Force Plant No. 3, Tulsa, Oklahoma.
SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIREMENT OF
MINUTEMAN II MISSILES.
Section 2307 of the Military Construction Authorization Act
for Fiscal Year 1991 (division B of Public Law 101-510; 104
Stat. 1775) is repealed.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(1), the Secretary of
Defense may acquire real property and carry out military
construction projects for the installations and locations
inside the United States, and in the amounts, set forth in
the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency Bolling Air Force Base, ...........................
Washington, D.C................. $600,000
Defense Logistics Agency... Defense Construction Supply ...........................
Center, Columbus, Ohio.......... $2,200,000
Defense Contract Management Area ...........................
Office, El Segundo, California.. $5,100,000
Defense Fuel Support Point, ...........................
Craney Island, Virginia......... $3,652,000
Headquarters, Defense Logistics ...........................
Agency, Ft. Belvoir, Virginia... $4,600,000
Defense Medical Facility $2,000,000 ...........................
Office.................... Fort Dix, New Jersey.............
Fort McPherson, Georgia.......... $11,400,000 ...........................
McClellan Air Force Base, ...........................
California...................... $10,280,000
National Security Agency... Fort Meade, Maryland............. $5,458,000 ...........................
Office Secretary of Defense CONUS Classified, Classified ...........................
Location........................ $5,300,000
Section 6 Schools.......... Naval Surface Warfare Center, ...........................
Virginia........................ $1,300,000
Special Operations Force... Eglin Auxiliary Field No. 9, ...........................
Florida......................... $12,300,000
Kirtland Air Force Base, New ...........................
Mexico.......................... $9,600,000
Naval Base Coronado, San Diego, ...........................
California...................... $3,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11)(A), the Secretary of
Defense may construct or acquire family housing units
(including land acquisition) at the location, for the
purpose, and in the amount set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Agency Purpose Amount
----------------------------------------------------------------------------------------------------------------
Belgium............... National Security $300,000
Agency.............. 1 unit...............
----------------------------------------------------------------------------------------------------------------
SEC. 2403. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2835 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2405(a)(11)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1994, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $2,999,138,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $77,190,000.
(2) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$120,000,000.
(3) For military construction projects at Elmendorf Air
Force Base, Alaska, hospital replacement, authorized by
section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484;
106 Stat. 2599), $66,000,000.
(4) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484; 106 Stat. 2599),
$75,000,000.
(5) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $22,348,000.
(6) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $8,501,000.
(7) For architectural and engineering services and for
construction design under section 2807 of title 10, United
States Code, $45,960,000.
(8) For energy conservation projects authorized by section
2404, $50,000,000.
(9) For base closure and realignment activities as
authorized by title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note), $87,600,000.
(10) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,417,148,000.
(11) For military family housing functions:
(A) For construction and acquisition of military family
housing and facilities, $350,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$29,031,000, of which not more than $24,051,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variations authorized by l the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a)(1) of this section.
SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL
WEAPONS STATION, CHARLESTON, SOUTH CAROLINA.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(9), the Secretary of the
Navy shall transfer $3,000,000 to the South Carolina
Department of Highways and Public Transportation to be used
for improvements to North Rhett Avenue, which provides access
to the Naval Weapons Station, Charleston, South Carolina, to
help alleviate the adverse effects of the closure of the
Charleston Naval Station and Charleston Naval Shipyard, South
Carolina, on the surrounding communities.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Infrastructure Program, as
provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to
be appropriated for this purpose in section 2502 and the
amount collected from the North Atlantic Treaty Organization
as a result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1994, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Infrastructure Program, as authorized by section 2501, in the
amount of $119,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1994, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 133 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$145,067,000; and
(B) for the Army Reserve, $37,410,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $11,905,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$210,212,000; and
(B) for the Air Force Reserve, $55,516,000.
SEC. 2602. PROHIBITION ON USING FUNDS FOR UNAUTHORIZED GUARD
AND RESERVE PROJECTS.
Unless otherwise specifically authorized by a law enacted
after the date of the enactment of this Act, funds
appropriated pursuant to the authorization of appropriations
in section 2601 may only be used for the purpose of paying
for the costs of acquisition, architectural and engineering
services, and construction of facilities for the Guard and
Reserve Forces (and for contributions for such purposes)
under chapter 133 of title 10, United States Code, in the
case of projects for the Guard and Reserve Forces specified
in the joint explanatory statement of the committee of
conference to accompany the bill H.R. 4301 of the One Hundred
and Third Congress.
SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE
BEEN APPROPRIATED.
Section 2601 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1878) is amended--
(1) in paragraph (1), by striking out ``$283,483,000'' and
inserting in lieu thereof ``$289,398,000''; and
(2) in paragraph (2), by striking out ``$25,013,000'' and
inserting in lieu thereof ``$33,713,000''.
SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT DIX, NEW
JERSEY.
Funds appropriated pursuant to the authorization of
appropriations in section 2601(1)(A) of the Military
Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2602) for the renovation
of facilities at Fort Dix, New Jersey, for the purpose of
accommodating a consolidated New Jersey National Guard
headquarters may also be used for additions and alterations
to such facilities for the same purpose.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1998.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Infrastructure program (and authorizations of appropriations
therefor), for which appropriated funds have been obligated
before the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 1998 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190, 105 Stat. 1535),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2102, 2201,
2301, or 2601 of that Act, shall remain in effect until
October 1, 1995, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1996, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............. Fort Carson.......... Family Housing New
Construction (1
Unit)............... $150,000
Georgia............... Camp Merrill......... Family Housing New
Construction (36
Units).............. $4,550,000
Fort Benning......... General Instruction
Facility............ $2,150,000
Oregon................ Umatilla Depot
Activity............ Ammunition
Demilitarization
Support Facility.... $3,600,000
Ammunition
Demilitarization
Utilities........... $7,500,000
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........... Gulfport Naval
Construction
Battalion Center.... Controlled Humidity
Warehouse........... $7,000,000
West Virginia......... Green Bank Naval
Observatory......... Alternate Operations
Center.............. $5,400,000
Italy................. Sigonella Naval Air
Station............. Operations Control
Center.............. $9,850,000
Outside United States. Various locations.... Satellite terminal... $8,770,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1992 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................ Eareckson Air Force
Station (formerly
Shemya Air Force
Base)............... Hazardous Materials
Storage............. $4,000,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............ Stockton............. Additions &
Alterations CSMS.... $1,613,000
District of Columbia.. Fort Belvoir......... Addition, Aviation
AASF................ $2,765,000
Maryland.............. Cheltenham........... Armory............... $3,300,000
Towson............... DLOG Warehouse....... $373,000
Mississippi........... West Point........... Maintenance Shop..... $1,270,000
Tupelo............... Maintenance Shop..... $992,000
Senatobia............ Maintenance Shop..... $723,000
Nevada................ Washoe County........ Maintenance Shop..... $1,050,000
North Carolina........ Camp Butner.......... Range................ $986,000
Ohio.................. Toledo............... Armory............... $3,183,000
Rhode Island.......... Camp Varnum.......... Sewer and Water
System.............. $578,000
Camp Fogarty......... Armory............... $5,151,000
West Virginia......... Huntington........... Guard & Reserve
Center.............. $2,983,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts......... Taunton.............. USAR Center.......... $3,526,000
Ohio.................. Perrysburg........... Reserve Center
Addition............ $2,749,000
Pennsylvania.......... Johnstown............ Army&Marine Corps
Aviation Facility... $30,224,000
Tennessee............. Jackson.............. Joint Training
Facility............ $1,537,000
West Virginia......... Huntington........... Guard & Reserve
Center.............. $6,617,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1991 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1991
(division B of Public Law 101-510, 104 Stat. 1782), the
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2201 or 2401 of that
Act and extended by section 2702(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division
B of Public Law 102-190; 105 Stat. 1535) and section 2702 of
the Military Construction Authorization Act for Fiscal Year
1994 (division B of Public Law 103-160; 107 Stat. 1880),
shall remain in effect until October 1, 1995, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 1996, whichever is later.
(b) Table.--The tables referred to in subsection (a) is as
follows:
Navy: Extension of 1991 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State location Project Amount
----------------------------------------------------------------------------------------------------------------
Connecticut........... New London Naval
Submarine Base...... Thames River Dredging $5,300,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1991 Project Authorization
----------------------------------------------------------------------------------------------------------------
State location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............. Defense Logistics $9,500,000
Agency, Defense
Reutilization &
Marketing Office,
Fort Meade.......... Covered Storage......
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1994; and
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. STRENGTHENING MONETARY LIMITATION ON RENOVATION OF
FACILITIES.
(a) Application of Limitation to Repairs.--Section 2811 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``repair projects and'' after ``carry
out'';
(B) by striking out ``that combine maintenance, repair, and
minor construction projects''; and
(C) by adding at the end the following new sentence: ``For
purposes of this section, a repair project combines
maintenance and repair for a facility and a renovation
project combines maintenance, repair, and minor construction
projects.''; and
(2) in subsection (b), by inserting ``repair project or''
after ``such a''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2811. Repair or renovation of facilities''.
(2) The item related to such section in the table of
sections at the beginning of subchapter I of chapter 169 of
title 10, United States Code, is amended to read as follows:
``2811. Repair or renovation of facilities.''.
SEC. 2802. NAVY HOUSING INVESTMENT AGREEMENTS.
(a) Investment Agreements Authorized.--Subchapter II of
chapter 169 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2837. Investment agreements with private developers of
housing
``(a) Investment Agreements.--The Secretary of the Navy may
enter into investment agreements with private developers to
encourage the construction of housing and accessory
structures within commuting distance of a military
installation, under the jurisdiction of the Secretary, at
which there is a shortage of suitable housing to meet the
requirements of members of the naval service with or without
dependents.
``(b) Collateral Incentive Agreements.--The Secretary may
also enter into collateral incentive agreements with private
developers who enter into an investment agreement under
subsection (a) to ensure that, where appropriate--
``(1) members of the naval service will have priority for a
fair share of any housing within the scope of the investment
contract; or
``(2) rental rates or sale prices, as appropriate, for some
or all of the units will be affordable for such members.
``(c) Selection of Investment Opportunities.--Any
investment agreement under subsection (a) shall be made
through the use of publicly advertised, competitively bid or
competitively negotiated, contracting procedures, as provided
in chapter 137 of this title.
``(d) Account.--(1) There is hereby established on the
books of the Treasury an account to be known as the `Navy
Housing Investment Account', which shall be administered by
the Navy Housing Investment Board established under section
2838 of this title.
``(2) There shall be deposited into the Account--
``(A) such funds as may be authorized for and appropriated
to the Account; and
``(B) any proceeds received from the repayment of
investments or profits on investments under subsection (a).
``(3) In such amounts as is provided in advance in
appropriation Acts, the Account shall be available for
contracts, investments, and expenses necessary for the
implementation of this section and section 2838 of this
title.
``(e) Report.--Not later than 60 days after the end of each
fiscal year in which the Secretary carries out activities
under this section, the Secretary shall transmit a report to
Congress specifying the amount and nature of the deposits
into, and the expenditures from, the Account during such
fiscal year and of the amount and nature of all other
expenditures made pursuant to such section during such fiscal
year.
``(f) Transfer of Navy Lands Prohibited.--Nothing in this
section shall be construed to permit the Secretary, as part
of an agreement entered into under this section, to transfer
the right, title, or interest of the United States in any
real property under the jurisdiction of the Secretary.
``(g) Expiration of Authority.--The authority of the
Secretary to enter into an agreement under this section shall
expire on September 30, 1999.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2837. Investment agreements with private developers of housing.''.
SEC. 2802. NAVY HOUSING INVESTMENT BOARD.
(a) Investment Board Authorized.--Subchapter II of chapter
169 of title 10, United States Code, is amended by inserting
after section 2837 (as added by section 2802) the following
new section:
``Sec. 2838. Navy Housing Investment Board
``(a) Establishment.--The Secretary of the Navy may
establish a board to be known as the `Navy Housing Investment
Board'.
``(b) Members.--(1) The Navy Housing Investment Board shall
be composed of seven members appointed for a two-year term by
the Secretary. Among such members, the Secretary may appoint
two persons from the private sector who have knowledge and
experience in the financing and the construction of housing.
``(2) The Secretary shall designate one of the members as
chairperson of the Board.
``(3) Members of the Board, other than those members
regularly employed by the Federal Government, may be paid
while attending meetings of the Board or otherwise serving at
the request of the Secretary, compensation at a rate equal to
the daily equivalent of the minimum annual rate of basic pay
payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the actual
performance of duties vested in the Board. Members shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with section 5702 and 5703 of
title 5, United States Code.
``(c) Duties.--The Navy Housing Investment Board shall--
``(1) advise the Secretary regarding which proposed
investment agreements under section 2837 of this title, if
any, are financially and otherwise sound investments for
meeting the objectives of such section; and
``(2) assist the Secretary in such other ways as the
Secretary determines to be necessary and appropriate.
``(d) Termination of Board.--The Navy Housing Investment
Board shall terminate on November 30, 1999.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2837 (as added by section 2802)
the following new item:
``2838. Navy Housing Investment Board.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE
PROCESS OF ADVANCE ECONOMIC PLANNING UNDERTAKEN
BY COMMUNITIES ADJACENT TO MILITARY
INSTALLATIONS.
Section 2903(c)(3) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end
the following: ``However, in recommending military
installations for closure or realignment, the Secretary (and
the Commission in reviewing such recommendations) shall not--
``(A) in calculating the economic impact of the closure or
realignment of a military installation, consider advance
economic planning undertaken by a community as a precaution
against the possible closure or realignment of the military
installation; or
``(B) otherwise penalize communities that undertake such
advance economic planning.''.
SEC. 2812. REPAYMENT OF STATE AND LOCAL COSTS INCURRED IN
CONNECTION WITH ESTABLISHMENT OF CERTAIN
MILITARY INSTALLATIONS SELECTED FOR CLOSURE.
(a) Repayment Required on Account of Closure.--In such
aggregate amount as may be provided in advance in
appropriation Acts to carry out this section, the Secretary
of Defense shall repay a State, county, or municipal entity
(or an agency or political subdivision of any such entity)
for any funds described in subsection (b) that were expended
or obligated by such entity to assist the United States in
establishing a military installation described in subsection
(e). The amount repaid shall include interest, calculated at
a rate that is the greater of the interest rate of any bonds
issued and the interest rate of Federal Treasury notes.
(b) Description of Funds to be Repaid.--The funds referred
to in subsection (a) that are required to be repaid shall
include funds raised and bonds issued for the purposes of
military construction, pier construction and improvement,
land purchase, and infrastructure and utility improvements in
direct support of the military installation to be closed.
(c) Base On-Time Cost Report.--Any payment required to be
made under subsection (a) with respect to a military
installation shall be used in the calculation of the Base On-
Time Cost Report used to determine the cost of closing the
installation. A possible sale of assets at the installation
may not be included in such calculation.
(d) Prohibition of Certain Required Payments.--An entity
described in subsection (a), or an agency or political
subdivision of such an entity, may not be required to pay for
the cost of any improvement at the military installation.
(e) Military Installations Covered.--This section shall
apply with respect to military installations--
(1) for which construction in connection with the
establishment of the installation began on or after January
1, 1985; and
(2) which were selected for closure on or after January 1,
1993.
SEC. 2813. LIMITATION ON SOURCES OF FUNDS AVAILABLE TO
IMPLEMENT BASE CLOSURES AND REALIGNMENTS.
Section 2905(a)(1)(A) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by striking out
``and may use'' and all that follows through ``maintenance;''
and inserting in lieu thereof ``and shall use for such
purposes funds in the Account;''.
SEC. 2814. PROHIBITION ON TRANSFER OF CERTAIN PROPERTY
LOCATED AT MILITARY INSTALLATIONS TO BE CLOSED
PENDING COMPLETION OF REDEVELOPMENT PLANS.
(a) Closures Under 1988 Act.--(1) Section 204(b)(3)(D) of
the Defense Authorization Amendments and Base Closure and
Realignment Act (title II of Public Law 100-526; 10 U.S.C.
2687 note) is amended by adding at the end the following new
sentence: ``Subject to subparagraphs (E) and (F), pending the
completion of the redevelopment plan for the installation and
approval of the redevelopment plan by the Secretary, the
Secretary shall ensure that all items of personal property
located at the installation are retained at the installation
unless the redevelopment authority identifies such items as
unnecessary to the reuse or redevelopment of the
installation.''.
(b) Closures Under 1990 Act.--Section 2905(b)(3)(D) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended by adding at the end the following new sentence:
``Subject to subparagraphs (E) and (F), pending the
completion of the redevelopment plan for the installation and
approval of the redevelopment plan by the Secretary, the
Secretary shall ensure that all items of personal property
located at the installation are retained at the installation
unless the redevelopment authority identifies such items as
unnecessary to the reuse or redevelopment of the
installation.''.
SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FUTURE
MOBILIZATION OPTIONS
(a) Report Required.--The Secretary of Defense shall
prepare a report evaluating the effect of base closures and
realignments conducted since January 1, 1987, on the ability
of the Armed Forces to remobilize to the end strength levels
authorized for fiscal year 1987 by sections 401, 403, 411,
412, and 421 of the National Defense Authorization Act for
Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3859). The
report shall identify those military construction projects,
if any, that would be necessary to facilitate such
remobilization and any defense assets disposed of under a
base closure or realignment, such as air space, that would be
difficult to reacquire in the event of such remobilization.
(b) Time for Submission.--Not later than January 1, 1995,
the Secretary shall submit the report required by this
section to Congress. Not later than September 30, 1995, the
Secretary shall revise and resubmit the report to Congress to
reflect the consequences of the closure or realignment of
military installations selected for closure or realignment in
1995.
Subtitle C--Changes to Existing Land Conveyance Authority
SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL SUPPLY
CENTER, OAKLAND, CALIFORNIA.
Section 2834(b) the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2614) is amended--
(1) is paragraph (1)--
(A) by striking out ``City''the second place it appears and
inserting in lieu thereof ``Cities''; and
(B) by inserting ``the City of Alameda, California,'' after
``California,'' the first place it appears; and
(2) in paragraphs (2) and (3), by striking out ``City''
each place it appears and inserting in lieu thereof
``Cities''.
SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL
MILITARY RESERVATION, VIRGINIA.
(a) Participating Political Subdivisions.--Subsection
(c)(3) of section 603 of the Persian Gulf Conflict
Supplemental Authorization and Personnel Benefits Act of 1991
(Public Law 102-25, 105 Stat. 107) is amended by striking out
subparagraph (B) and inserting in lieu thereof the following
new subparagraph:
``(B) Subparagraph (A) shall not be construed to prohibit
any political subdivision not named in such subparagraph--
``(i) from initially participating in the written agreement
referred to in paragraph (2); or
``(ii) from agreeing at a later date to participate in the
regional correctional facility to be constructed and operated
on the parcel of land conveyed pursuant to this section
either as a member of the government or by contract with such
governmental entity.''.
(b) Time for Construction and Operation.--Subsection
(d)(1)(A) of such section is amended--
(1) by striking out clause (i) and inserting in lieu
thereof the following new clause:
``(i) construction of a regional correctional facility
pursuant to the agreement referred to in subsection (c)(2)
commence not later than April 1, 1997;''; and
(2) in clause (ii), by striking out ``five years after such
date'' and inserting in lieu thereof ``April 1, 2002''.
SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS. NAVAL
WEAPONS INDUSTRIAL RESERVE PLANT, NEW YORK, AS
NATURE PRESERVE.
(a) Preservation as Nature Preserve Required.--Section 2854
of the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102-484, 106 Stat. 2626)
is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d); and
(2) by inserting before subsection (c), as so redesignated,
the following new subsections:
``(a) Purpose.--It is the purpose of this section to ensure
that the Calverton Pine Barrens is maintained and preserved,
in perpetuity,m as a nature preserve in its current
undeveloped state.
``(b) Prohibition on Inconsistent Development.--The
Secretary of the Navy shall not carry out or permit any
development, commercial or residential, at the Calverton Pine
Barrens that is inconsistent with the purpose specified in
subsection (a).''.
(b) Conforming Amendment.--Subsection (c) of such section,
as redesignated by subsection (a)(1), is amended--
(1) by striking out ``Prohibition.--'' and inserting in
lieu therefore ``Reversionary Interest.--''; and
(2) by striking out ``for commercial purposes'' and all
that follows through the period and inserting in lieu thereof
``in a manner inconsistent with the purpose specified in
subsection (a) (as determined by the head of the department
or agency making the conveyance).''.
SEC. 2824. RELEASE OF REVERSIONARY INTEREST RETAINED AS PART
OF CONVEYANCE OF ELECTRICITY DISTRIBUTION
SYSTEM, FOR DIX, NEW JERSEY.
Section 2846 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1904) is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3, TULSA,
OKLAHOMA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of Tulsa,
Oklahoma (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
which consists of approximately 337 acres located in Tulsa,
Oklahoma, and is known as Air Force Plant No. 3. The
Secretary may also convey facilities, equipment and fixtures
(including special tooling and special test equipment)
located on the parcel to be conveyed if the Secretary
determines that manufacturing activities requiring the use of
such equipment are likely to continue or be reinstated on the
parcel after conveyance of the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the City in exchange for security services, fire
protection, and maintenance provided by the City for the
property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City, directly or through an agreement with a public or
private entity, shall use the conveyed property (or offer the
conveyed property for use) for economic redevelopment to
replace all or a part of the economic activity being lost at
the parcel.
(d) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in
accordance with subsection (c), all right, title, and
interest in and to the property (including any facilities,
equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this section shall be made on the record
after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the City.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or a lease under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59, JOHNSON
CITY (WESTOVER), NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Broome County
Industrial Development Authority (in this section referred to
as the ``Authority''), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, containing Air Force Plant No. 59,
Johnson City (Westover), New York. The Secretary may also
convey facilities, equipment and fixtures (including special
tooling and special test equipment) located on the parcel to
be conveyed if the Secretary determines that manufacturing
activities requiring the use of such equipment are likely to
continue or be reinstituted on the parcel after conveyance of
the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the Authority in exchange for security services,
fire protection, and maintenance provided by the Authority
for the property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Authority, directly or through an agreement with another
public or private entity, shall use the conveyed property (or
offer the conveyed property for use) for economic
redevelopment to replace all or a part of the economic
activity being lost at Air Force Plant No. 59.
(d) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in
accordance with subsection (c), all right, title, and
interest in and to the property (including any facilities,
equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this section shall be made on the record
after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the Authority.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or a lease under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE RADAR BOMB SCORING SITE,
DICKINSON, NORTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the North Dakota Board
of Higher Education (in this section referred to as the
``Board'') all right, title, and interest of the United
States in and to a parcel of real property (including any
improvements thereon) consisting of approximately 4 acres
located in Dickinson, North Dakota, which has served as the
location of a support complex, recreational facilities, and
housing facilities for the Radar Bomb Scoring Site,
Dickinson, North Dakota.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Board--
(1) use the property, recreational facilities, and housing
facilities conveyed under such subsection for housing,
recreation, and other purposes that, as determined by the
Secretary, will promote and enhance educational opportunities
provided by Dickinson State University; or
(2) enter into an agreement with an appropriate public or
private entity to lease such property and facilities to that
entity for such uses.
(c) Reversionary Interest.--If the Secretary determines at
any time that the property conveyed under subsection (a) is
not being used in accordance with subsection (b), all right,
title, and interest in and to the conveyed property,
including any improvements thereon, shall revert to the
United States, and the United States shall have the right of
immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of such survey shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE FACILITY, RIO VISTA,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Rio Vista, California (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to a parcel of real property
(including improvements thereon) containing the Reserve
training facility located in Rio Vista, California.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City use the property for recreational purposes.
(c) Consideration.--In recognition of the public use to
which the conveyed property will be devoted, the Secretary
may require the City to pay to the United States an amount
equal to less than the fair market value of the property, as
determined by the Secretary, as consideration for the
conveyance under subsection (a).
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey that is satisfactory to
the Secretary. The cost of such survey shall be borne by the
City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2835. LAND CONVEYANCE, NAVAL WEAPONS, INDUSTRIAL RESERVE
PLANT, CALVERTON, NEW YORK.
(a) Conveyance Authorized.--To facilitate the economic
redevelopment of appropriate portions of the Naval Weapons
Industrial Reserve Plant located in Calverton, New York, the
Secretary of the Navy may convey to an appropriate
redevelopment authority (designated by the Secretary) all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 2,900 acres comprising the
fenced-in portion of the Naval Weapons Industrial Reserve
Plant. The conveyance authorized under this subsection shall
be made without consideration.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. Cost of such survey shall be borne by the
State of New York or the redevelopment authority to whom the
property is conveyed.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance authorized by subsection (b) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2836. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY,
IMPERIAL BEACH, CORONADO, CALIFORNIA.
(a) Lease Authorized.--The Secretary of the Navy may lease
to the Young Men's Christian Association of San Diego County,
a California nonprofit public benefit corporation (in this
section referred to as the ``YMCA''), such interests in a
parcel of real property (including any improvements thereon)
consisting of approximately 45 acres at the Naval Radio
Receiving Facility, Imperial Beach, Coronado, California, as
the Secretary considers appropriate for the YMCA to operate
and maintain a summer youth residence camp known as the YMCA
San Diego Unified Recreational Facility (Camp SURF). Pursuant
to the lease, the Secretary may authorize the YMCA to
construct facilities on the parcel.
(b) Lease Terms.--The lease authorized in subsection (a)
shall be for a period of 50 years, or such longer period as
the Secretary determines to be in the best interests of the
United States.
(c) Consideration.--As consideration for the lease of real
property under subsection (a), the YMCA shall--
(1) agree to maintain and enhance the natural resources of
the leased premises; and
(2) pay to the United States an amount in cash equal to the
difference between the rental price prescribed by the
Secretary under subsection (d) and the value of natural
resources maintenance and enhancements performed by the YMCA,
as determined by the Secretary.
(d) Determination of Rental Price.--Acknowledging the
benefits the YMCA has provided to the Armed Forces and the
specific benefits Camp Surf provides to the children of San
Diego, the Secretary may prescribe a rental price for the
real property leased under subsection (a) that is less than
fair market value.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under subsection (a) as the Secretary
considers necessary to protect the operation of the Naval
Radio Receiving Facility, Imperial Beach, and to protect the
interests of the United States.
SEC. 2837. RELEASE OF REQUIREMENTS AND REVERSIONARY INTEREST
ON CERTAIN PROPERTY IN BALTIMORE, MARYLAND.
(a) Release Required.--The Secretary of Defense may release
the requirements and the reversionary interest of the United
States that are described in section 2 of the Act entitled
``An Act granting a site for a dry-dock in the city of
Baltimore upon certain conditions.'', approved June 19, 1878
(Chapter 310; 20 Stat. 167).
(b) Additional Terms and Conditions.--The Secretary may
require such additional terms or conditions in connection
with the release required under this section as the Secretary
considers appropriate to protect the interests of the United
States.
(c) Instrument of Release.--The Secretary may execute and
file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the
release of the reversionary interest under this section.
SEC. 2838. RELEASE OF REVERSIONARY INTEREST ON CERTAIN
PROPERTY IN YORK COUNTY, JAMES CITY COUNTY, AND
NEWPORT NEWS, VIRGINIA.
(a) Release Authorized.--The Secretary of the Navy may
release the reversionary interest of the United States in the
real property conveyed by the deed described in subsection
(b).
(b) Deed Description.--The deed referred to in subsection
(a) is a deed between the United States and the Commonwealth
of Virginia dated August 17, 1966, which conveyed to the
Commonwealth of Virginia certain parcels of land located in
York County, James City County, and the city of Newport News,
Virginia.
(c) Additional Terms.--The Secretary may require such
additional terms or conditions in connection with the release
under this section as the Secretary considers appropriate to
protect the interests of the United States and to ensure that
the real property will continue to be used for a public
purposes.
(d) Instrument of Release.--The Secretary may execute and
file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the
release of the reversionary interest under this section.
Subtitle E--Other Matters
SEC. 2851. AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT
HUENEME, CALIFORNIA, TO USE CERTAIN NAVY
PROPERTY.
(a) Joint Use Agreement Authorized.--The Secretary of the
Navy may enter into an agreement with the Oxnard Harbor
District, Port Hueneme, California, a special district of the
State of California (in this section referred to as the
``District''), under which the District may use United States
Navy Wharf Number 3 and associated real property comprising
up to 25 acres located at the Naval Construction Battalion
Center, Port Hueneme, California (in this section referred to
as the ``Center'').
(b) Term of Agreement.--The agreement authorized under
subsection (a) may be for an initial period of not more than
15 years. Under the agreement, the Secretary shall provide
the District with an option to extend the agreement for three
additional periods of five years each.
(c) Conditions on Use.--The agreement authorized under
subsection (a) shall require the District--
(1) to suspend operations under the agreement in the event
Navy contingency operations are conducted at the Center; and
(2) to use the property covered by the agreement in a
manner consistent with Navy operations conducted at the
Center.
(d) Consideration.--(1) As consideration for the use of the
property covered by the agreement under subsection (a), the
District shall pay to the Navy an amount equal to the fair
market rental value of the property, as determined by the
Secretary taking into consideration the District's use of the
property.
(2) The Secretary may include a provision in the agreement
requiring the District--
(A) to pay the Navy an amount (as determined by the
Secretary) to cover the costs of replacing at the Center any
facilities vacated by the Navy on account of the agreement or
to construct suitable replacement facilities for the Navy;
and
(B) to pay the Navy an amount (as determined by the
Secretary) for the costs of relocating Navy operations from
the vacated facilities to the replacement facilities.
(e) Congressional Notification.--The Secretary may not
enter into the agreement authorized by subsection (a) until
the end of the 21-day period beginning on the date on which
the Secretary submits to Congress a report containing an
explanation of the terms of the proposed agreement and a
description of the consideration that the Secretary expects
to receive under the agreement.
(f) Use of Payment.--(1) In such amounts as is provided in
advance in appropriation Acts, the Secretary may use amounts
paid under subsection (d)(1) to pay for general supervision,
administration, and overhead expenses and for improvement,
maintenance, repair, construction, or restoration to the port
operations area (or to roads and railways serving the area)
at the Center.
(2) In such amounts as is provided in advance in
appropriation Acts, the Secretary may use amounts paid under
subsection (d)(2) to pay for constructing new facilities, or
making modifications to existing facilities, that are
necessary to replace facilities vacated by the navy on
account of the agreement under subsection (a) and for
relocating operations of the Navy from the vacated facilities
to replacement facilities.
(g) Construction by District.--The Secretary may authorize
the District to demolish existing facilities located on the
property covered by the agreement under subsection (a) and,
consistent with the restriction specified in subsection
(c)(2), construct new facilities on the property for joint
use by the District and the Navy.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the agreement authorized under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2852. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR
DEFENSE PERSONNEL.
(a) Establishment.--The Secretary of Defense shall
establish and conduct an education and training program for
members of the Armed Forces and civilian employees of the
Department of Defense whose responsibilities include planning
or executing the environmental mission of the Department. The
Secretary shall conduct the program to ensure that such
members and employees obtain and maintain the knowledge and
skill required to comply with existing environmental laws and
regulations.
(b) Identifying Environmental Training Centers.--As part of
the program, the Secretary shall identify military facilities
that have existing expertise (or the capacity to develop such
expertise) in conducting education and training activities in
various environmental disciplines. The Secretary may
designate such facilities as national environmental training
centers and shall encourage the use of such a center by
members and employees referred to in subsection (a) who are
not under the jurisdiction of the military department
operating the center.
SEC. 2853. REPEAL OF RESTRICTION ON LAND TRANSACTIONS
RELATING TO PRESIDIO OF SAN FRANCISCO,
CALIFORNIA.
Section 2856 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1908) is repealed.
SEC. 2854. REPORT ON USE OF MILITARY INSTALLATIONS IN
OKINAWA.
(a) Report Required.--Not later than October 15, 1994, the
Secretary of Defense shall submit a report to Congress
regarding the United States military presence in Okinawa.
(b) Content of Report.--The report required by this section
shall contain the following:
(1) A description and evaluation of United States security
needs in Okinawa.
(2) An infrastructure inventory and utilization rate of
defense facilities in Okinawa.
(3) An evaluation of the economic and environmental impact
that these facilities have on the citizens of Okinawa.
(4) A description of any action that the Secretary of
Defense can undertake to affirmatively respond to requests
from the Okanawan Prefectural Government for the exchange or
return of lands held by the Secretary.
(5) An evaluation of the extent to which the assistance of
the Government of Japan is required in order to close United
States military installations in Okinawa or exchange or
return of lands held by the Secretary in Okinawa.
SEC. 2855. STUDY OF HEIGHT RESTRICTION AND AVIGATION
REQUIREMENTS SURROUNDING EGLIN AIR FORCE BASE,
FLORIDA.
(a) Study Required.--The Secretary of the Air Force shall
conduct a comprehensive study of current and anticipated
future avigation requirements for the area surrounding Eglin
Air Force Base, Florida. As part of the study, the Secretary
shall review all Air Force mission requirements and take into
consideration the economic growth and development needs of
the adjacent community.
(b) Report on Study.--Not later than March 31, 1995, the
Secretary of the Air Force shall submit to Congress a report
containing the results of the study required under subsection
(a), including recommendations for any changes to the
existing avigation easements currently in place at Eglin Air
Force Base.
SEC. 2856. CONTINUED OPERATION OF MILITARY MEDICAL TREATMENT
FACILITY AT K. I. SAWYER AIR FORCE BASE,
MICHIGAN.
(a) Sense of Congress.--In light of the large number of
retired military personnel and their dependents who currently
receive health care services at the military medical
treatment facility located at K. I. Sawyer Air Force Base,
Michigan, which was selected to be closed pursuant to the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), it is
the sense of Congress that the Secretary of Defense and the
Secretary of the Air Force should pursue all practicable
options (including transfer of the facility to the
jurisdiction of the Department of Veterans Affairs) necessary
to keep the facility in operation to serve the health care
needs of retired military personnel and their dependents.
(b) Retired Military Personnel Defined.--For purposes of
this section, the term ``retired military personnel'' means
members and former members of the uniformed services who--
(1) are entitled to retired or retainer pay, or equivalent
pay; and
(2) are eligible to receive medical and dental care in
facilities of the uniformed services under section 1074(b) of
title 10, United States Code.
SEC. 2857. TECHNICAL AMENDMENT TO CORRECT REFERENCE IN LAND
TRANSACTION.
Section 2842(c) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1898) is amended by striking out ``Washington Gas
Company'' and inserting in lieu thereof ``American Water
Company''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Research and Development.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1995 for research and development in carrying out
weapons activities necessary for national security programs
in the amount of $1,339,937,000, to be allocated as follows:
(1) For core research and development, $795,251,000, to be
allocated as follows:
(A) For operating expenses, $653,341,000.
(B) For capital equipment, $69,420,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$72,490,000, to be allocated as follows:
Project GPD-101, general plant projects, various locations,
$8,500,000.
Project 95-D-102, CMR upgrades, Los Alamos National
Laboratory, New Mexico, $3,300,000.
Project 94-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase V, various
locations, $13,000,000.
Project 92-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase IV, various
locations, $21,810,000.
Project 90-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase III, various
locations, $4,900,000.
Project 88-D-106, nuclear weapons research, development,
and testing facilities revitalization, Phase II, various
locations, $20,980,000.
(2) For stockpile stewardship for operating expenses,
$152,419,000.
(3) For inertial fusion, $176,473,000, to be allocated as
follows:
(A) For operating expenses, $166,755,000.
(B) For capital equipment, $9,718,000.
(4) For technology transfer, $215,794,000, to be allocated
as follows:
(A) For operating expenses, $209,794,000.
(B) For capital equipment, $6,000,000.
(b) Testing.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for testing in carrying out weapons activities necessary for
national security programs in the amount of $192,300,000, to
be allocated as follows:
(1) For testing capabilities and readiness $186,000,000, to
be allocated as follows:
(A) For operating expenses, $150,000,000.
(B) For capital equipment, $15,000,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$21,000,000, to be allocated as follows:
Project GPD-101, general plant projects, various locations,
$4,000,000.
Project 93-D-102, Nevada support facility, North Las Vegas,
Nevada, $17,000,000.
(2) For Marshall Islands dose reconstruction, $6,300,000,
to be allocated as follows:
(A) For operating expenses, $5,830,000.
(B) For capital equipment, $470,000.
(c) Stockpile Support.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for stockpile support in carrying out weapons activities
necessary for national security programs in the amount of
$1,605,556,000 to be allocated as follows:
(1) For operating expenses for stockpile support,
$1,393,085,000.
(2) For operating expenses for reconfiguration,
$94,271,000.
(3) For capital equipment, $12,880,000.
(4) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$105,320,000, to be allocated as follows:
Project 88-D-122, facilities capability assurance program,
various locations, $14,820,000.
Project GPD-121, general plant projects, various locations,
$1,000,000.
Project 95-D-122, sanitary sewer upgrade Y-12 Plant, Oak
Ridge, Tennessee, $2,200,000.
Project 94-D-124, hydrogen fluoride supply system, Oak
Ridge Y-12 Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94-D-125, upgrade life safety, Kansas City Plant,
Kansas City, Missouri, $1,000,000.
Project 94-D-127, emergency notification system, Pantex
Plant, Amarillo, Texas, $1,000,000.
Project 94-D-128, environmental safety and health
analytical laboratory, Pantex Plant, Amarillo, Texas,
$1,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak
Ridge, Tennessee, $5,000,000.
Project 88-D-123, security enhancements, Pantex Plant,
Amarillo, Texas, $15,000,000.
Project 93-D-123, complex-21, various locations,
$58,000,000.
(d) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$154,852,000, to be allocated as follows:
(1) For weapons program direction, operating expenses,
$152,498,00.
(2) For capital equipment, $2,354,000.
(e) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (d) reduced by $89,276,000, for use of prior year
balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Corrective Activities.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for corrective activities in carrying out environmental
restoration and waste management activities necessary for
national security programs for plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the continuation
of projects authorized in prior years, and land acquisition
related thereto) for Project 92-D-403, tank upgrades project,
Lawrence Livermore National Laboratory, California, $512,000.
(b) Environmental Restoration.--(1) Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 1995 for environmental restoration for operating
expenses in carrying out environmental restoration and waste
management activities necessary for national security
programs in the amount of $1,527,469,000.
(2) The amount authorized to be appropriated pursuant to
this subsection is the amount authorized to be appropriated
in paragraph (1) reduced by $133,900,000, as a result of the
productivity savings initiative.
(c) Waste Management.--(1) Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for waste management in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $2,852,682,000,
to be allocated as follows:
(A) For operating expenses, $2,384,066,000.
(B) For capital equipment, $104,790,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$363,826,000, to be allocated as follows:
Project GPD-171, general plant projects, various locations,
$23,542,000.
Project 95-D-401, radiological support facilities,
Richland, Washington, $1,585,000.
Project 95-D-402, install permanent electrical service,
WIPP, $700,000.
Project 95-D-403, hazardous waste storage facility, AL,
$597,000.
Project 95-D-405, industrial landfill V and construction
demolition landfill VII, Y12 Plant, Oakridge, Tennessee,
$1,000,000.
Project 95-D-406, road 5-01 reconstruction, area 5, Nevada,
$2,338,000.
Project 95-D-407, 219-S secondary containment upgrade,
Richland, Washington, $2,000,000.
Project 95-D-408, Phase II liquid effluent treatment and
disposal, RL, $7,100,000.
Project 94-D-400, high explosive wastewater treatment
system, Los Alamos National Laboratory, Los Alamos, New
Mexico, $1,000,000.
Project 94-D-402, liquid waste treatment system, Nevada
Test Site, Nevada, $3,292,000.
Project 94-D-404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $21,373,000.
Project 94-D-406, low-level waste disposal facilities, K-
25, Oak Ridge, Tennessee, $6,000,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $17,700,000.
Project 94-D-408, office facilities--200 East, Richland,
Washington, $4,000,000.
Project 94-D-411, solid waste operation complex, Richland,
Washington, $42,200,000.
Project 94-D-416, solvent storage tanks installation,
Savannah River, South Carolina, $1,700,000.
Project 94-D-417, intermediate-level and low-activity waste
vaults, Savannah River, South Carolina, $300,000.
Project 93-D-174, plant drain waste water treatment
upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000.
Project 93-D-178, building 374 liquid waste treatment
facility, Rocky Flats, Golden, Colorado, $3,300,000.
Project 93-D-181, radioactive liquid waste line
replacement, Richland, Washington, $3,300,000.
Project 93-D-182, replacement of cross-site transfer
system, Richland, Washington, $14,810,000.
Project 93-D-183, multi-tank waste storage facility,
Richland, Washington, $88,605,000.
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River, Aiken, South Carolina,
$26,525,000.
Project 92-D-177, tank 101-AZ waste retrieval system,
Richland, Washington, $5,000,000.
Project 92-D-188, waste management ES&H, and compliance
activities, various locations, $2,846,000.
Project 91-D-171, waste receiving and processing facility,
module 1, Richland, Washington, $3,995,000.
Project 90-D-172, aging waste transfer line, Richland,
Washington, $3,819,000.
Project 90-D-177, RWMC transuranic (TRU) waste
characterization and storage facility, Idaho National
Engineering Laboratory, Idaho, $1,747,000.
Project 90-D-178, TSA retrieval enclosure, ID, $7,594,000.
Project 89-D-173, tank farm ventilation upgrade, Richland,
Washington, $300,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River, South Carolina, $18,000,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, California,
$5,900,000.
Project 83-D-148, nonradioactive hazardous waste
management, Savannah River, South Carolina, $6,000,000.
Project 81-T-105, defense waste processing facility,
Savannah River, South Carolina, $45,058,000.
(2) The total amount authorized to be appropriated pursuant
to this subsection is the sum of the amounts authorized to be
appropriated in paragraph (1) reduced by $160,800,000, as a
result of the productivity savings initiative.
(d) Technology Development.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $426,409,000, to
be allocated as follows:
(1) For operating expenses, $386,974,000.
(2) For capital equipment, $25,435,000.
(3) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto), for
Project 95-E-600, Hazardous materials training center,
Richland, Washington, $14,000,000.
(e) Transportation Management.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1995 for transportation management in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$20,684,000, to be allocated as follows:
(1) For operating expenses, $20,240,000.
(2) For capital equipment, $444,000.
(f) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for program direction in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $84,948,000, to
be allocated as follows:
(1) For operating expenses, $83,748,000.
(2) For capital equipment, $1,200,000.
(g) Facility Transition and Management.--(1) Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for facility transition and
management in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $795,857,000, to be allocated as
follows:
(A) For operating expenses, $685,550,000.
(B) For capital equipment, $23,947,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$86,360,000, to be allocated as follows:
Project GPD-171, general plant projects, various locations,
$20,495,000.
Project 95-D-453, primary highway route north of the Wye
Barricade, Richland, Washington, $2,500,000.
Project 95-D-454, 324 facility compliance/renovation,
Richland, Washington, $1,500,000.
Project 95-D-455, Idaho National Engineering Laboratory
radio communications upgrade, Idaho National Engineering
Laboratory, Idaho, $1,440,000.
Project 95-D-456, Security facilities upgrade, Idaho
chemical processing plant, Idaho National Engineering
Laboratory, Idaho, $986,000.
Project 94-D-122, underground storage tanks, Rocky Flats,
Colorado, $2,500,000.
Project 94-D-401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $5,219,000.
Project 94-D-412, 300 area process sewer piping system
upgrade, Richland, Washington, $7,800,000.
Project 94-D-415, Idaho National Engineering Laboratory
medical facilities, Idaho National Engineering Laboratory,
Idaho, $4,920,000.
Project 94-D-451, infrastructure replacement, Rocky Flats
Plant, Golden, Colorado, $10,600,000.
Project 93-D-172, electrical upgrade, Idaho National
Engineering Laboratory, Idaho, $7,800,000.
Project 93-D-184, 325 facility compliance/renovation,
Richland, Washington, $1,000,000.
Project 93-D-186, 200 area unsecured core area fabrication
shop, Richland, Washington, $4,000,000.
Project 92-D-125, Master safeguards and security agreement/
materials surveillance task force security upgrades, Rocky
Flats Plant, Golden, Colorado, $2,100,000.
Project 92-D-181, INEL fire and life safety improvements,
Idaho National Engineering Laboratory, Idaho, $6,000,000.
Project 92-D-182, INEL sewer system upgrade, Idaho National
Engineering Laboratory, Idaho, $1,900,000.
Project 92-D-186, steam system rehabilitation, phase II,
Richland, Washington, $5,600,000.
(2) The total amount authorized to be appropriated pursuant
to this subsection is the sum of the amounts authorized to be
appropriated in paragraph (1) reduced by $5,000,000, as a
result of the productivity savings initiative.
(h) Prior Year Balances.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (g) reduced by $240,300,000, for use of prior year
balances.
SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE
PROGRAMS.
(a) Materials Support.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for materials support in carrying out nuclear materials
support necessary for national security programs in the
amount of $910,255,000, to be allocated as follows:
(1) For reactor operations, $163,634,000.
(2) For processsing of nuclear materials, $410,468,000.
(3) For supporting services, $167,776,000.
(4) For capital equipment, $52,427,000.
(5) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$59,950,000, to be allocated as follows:
Project 95-D-154, Health physics site support facility,
Savannah River, South Carolina, $2,000,000.
Project 93-D-147, domestic water system upgrade, Phases I
and II, Savannah River, South Carolina, $11,300,000.
Project 93-D-148, replace high-level drain lines, Savannah
River, South Carolina, $2,700,000.
Project 93-D-152, environmental modification for production
facilities, Savannah River, South Carolina, $2,900,000.
Project 92-D-143, health protection instrument calibration
facility, Savannah River, South Carolina, $3,000,000.
Project 90-D-149, plantwide fire protection, Phases I and
II, Savannah River, South Carolina, $5,000,000.
Project GPD-146, general plant projects, various locations,
$21,000,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River, South Carolina, $750,000.
Project 95-D-156, radio trunking system, Savannah River,
South Carolina, $2,100,000.
Project 95-D-157, D-area powerhouse life extension,
Savannah River, South Carolina, $4,000,000.
Project 92-D-150, operations support facilities, Savannah
River, South Carolina, $2,000,000.
Project 92-D-153, engineering support facility, Savannah
River, South Carolina, $3,200,000.
(6) For program direction, $56,000,000.
(b) Other Defense Programs.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1995 for other defense programs in carrying out nuclear
materials support and other defense programs necessary for
national security programs in the amount of $691,204,000, to
be allocated as follows:
(1) For verification and control technology, $352,102,000,
to be allocated as follows:
(A) For operating expenses, $336,229,000.
(B) For capital equipment, $15,873,000.
(2) For nuclear safeguards and security, $85,816,000, to be
allocated as follows:
(A) For operating expenses, $82,421,000.
(B) For capital equipment, $3,395,000.
(3) For security investigations, $38,827,000.
(4) For security evaluations, $14,780,000.
(5) For the Office of Nuclear Safety, $24,679,000, to be
allocated as follows:
(A) For operating expenses, $24,629,000.
(B) For capital equipment, $50,000.
(6) For worker and community transition, $125,000,000.
(7) For fissile material control and disposition,
$50,000,000.
(c) Naval Reactors.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995
for naval reactors in carrying out nuclear materials support
and other defense programs necessary for national security
programs in the amount of $730,651,000, to be allocated as
follows:
(1) For naval reactors development, $698,651,000, to be
allocated as follows:
(A) For operating expenses:
(i) For plant development, $146,700,000.
(ii) For reactor development, $348,951,000.
(iii) For reactor operation and evaluation, $136,000,000.
(iv) For program direction, $18,800,000.
(B) For capital equipment, $28,200,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$20,000,000, to be allocated as follows:
Project GPN-101, general plant projects, various locations,
$6,200,000.
Project 95-D-200, laboratory systems and hot cell upgrades,
various locations, $2,400,000.
Project 95-D-201, Advanced test reactor radioactive waste
system upgrades, Idaho National Engineering Laboratory,
Idaho, $700,000.
Project 93-D-200, Engineering services facilities, Knolls
Atomic Power Laboratory, Niskayuna, New York, $7,900,000.
Project 92-D-200, laboratories facilities upgrades, various
locations, $2,800,000.
(2) For enrichment materials for operating expenses,
$32,000,000.
(d) Adjustments.--The total amount that may be appropriated
pursuant to this section is the sum of the amounts authorized
to be appropriated in subsections (a), (b), and (c) reduced
by--
(1) $40,000,000, for recovery of overpayment to the
Savannah River Pension Fund; and
(2) $343,406,000, for use of prior year balances for
materials support and other defense programs.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $129,430,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and 30 days has elapsed after the date on
which such committees receive the report, the Secretary may
not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 102 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of, the
Congress.
(b) Report; Computation of Deadline for Submission.--(1)
The report referred to in subsection (a) is a report
containing a full and complete statement of the action
proposed to be taken and the facts and circumstances relied
upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which the Congress has specifically
denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
provisions authorized by this title if the total estimated
cost of the construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to the Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the action and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 calendar days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
time period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Except as provided in paragraph (2), the Secretary of Energy
may transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same time period as the authorization to which the
amounts are transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items that have a
higher priority than the items from which the funds are
transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by the Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Congress of transfers made under the
authority of this section.
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.
(a) In General.--(1) Within the amounts authorized by this
title for plant engineering and design, the Secretary of
Energy may carry out advance planning and construction design
(including architectural and engineering services) in
connection with any proposed construction project if the
total estimated cost for such planning and design does not
exceed $2,000,000.
(2) In the case of any project in which the total estimated
cost for advance planning and design exceeds $300,000, the
Secretary shall notify the congressional defense committees
in writing of the details of such project at least 30 days
before any funds are obligated for design services for such
project.
(b) Specific Authority Required.--In any case in which the
total estimated cost for advance planning and construction
design in connection with any construction project exceeds
$2,000,000, funds for such planning and design must be
specifically authorized by law.
SEC. 3126. REQUIREMENT OF CONCEPTUAL DESIGN FOR REQUEST OF
CONSTRUCTION FUNDS.
(a) Requirement of Conceptual Design.--The Secretary of
Energy may not make a request to the Congress for funds for a
construction project which is in support of national security
programs of the Department of Energy until the Secretary
submits to the congressional defense committees a conceptual
design for that project.
(b) Exception.--The requirement of subsection (a) does not
apply to emergency planning, design, and construction
activities under section 3127.
SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy, including those funds
authorized to be appropriated for advance planning and
construction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for any
Department of Energy defense activity construction project
that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
meet the needs of national defense, or protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)
does not apply to emergency planning, design, and
construction activities conducted under this section.
(d) Report.--The Secretary of Energy shall promptly report
to the congressional defense committees any exercise of
authority under this section.
SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3129. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operating expenses, plant projects, and
capital equipment may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING
PROGRAM.
(a) Conduct of Program.--(1) As part of the stockpile
stewardship program established in section 3138 of the
National Defense Authorization Act for Fiscal Year 1994 (42
U.S.C. 2121 note), the Secretary of Energy shall conduct a
stockpile stewardship recruitment and training program at the
Sandia National Laboratories, the Lawrence Livermore National
Laboratory, and the Los Alamos National Laboratory.
(2) The recruitment and training program shall be conducted
in coordination with the Chairman of the Nuclear Weapons
Council established in section 179 of title 10, United States
Code, and the directors of the laboratories referred to in
paragraph (1).
(b) Support of Dual-Use Programs.--(1) As part of the
recruitment and training program, the directors of the
laboratories referred to in subsection (a)(1) may hire
undergraduate students, graduate students, and postdoctoral
fellows and sponsor research conducted by such individuals
for military or nonmilitary dual-use programs related to
nuclear weapons stockpile stewardship.
(2) Of amounts appropriated to the Secretary of Energy
pursuant to section 3101(a)(1) for weapons activities for
core research and development and allocated by the Secretary
for education initiatives, $5,000,000 shall be made available
for carrying out paragraph (1). The amount made available
under this paragraph shall be allocated equally among the
laboratories referred to in subsection (a)(1).
(c) Establishment of Retiree Corps.--As part of the
training and recruitment program, the Secretary, in
coordination with the directors of the laboratories referred
to in subsection (a)(1), shall establish a retiree corps for
the laboratories under which the directors shall hire on a
part-time basis retired scientists who have expertise in the
research and development of nuclear weapons to provide
appropriate assistance on nuclear weapons issues, to
contribute relevant information to be archived, and to help
to provide training to other scientists.
(d) Report.--(1) Not later than February 1, 1995, the
Secretary of Energy shall submit to the congressional defense
committees a report on the personnel demographic trends at
the laboratories referred to in subsection (a)(1) and on
actions taken by the Department of Energy to remedy
identified shortfalls in various skill areas.
(2) The report shall be prepared in coordination with the
Chairman of the Nuclear Weapons Council and the directors of
the laboratories. Information included in the report shall be
aggregated and compiled into statistical categories.
(3) The report shall include the following:
(A) An inventory of the weapons-related tasks that the
laboratories need to perform to support their nuclear weapons
responsibilities.
(B) An inventory of the skills necessary to complete the
weapons-related tasks referred to in subparagraph (A).
(C) For each laboratory, a specification of the number of
scientists needed in each skill area to perform such tasks.
(D) A statement of the number of scientists in each skill
area at each laboratory, by age.
(E) An assessment of which skill areas are understaffed.
(F) A statement of the number of scientists entering the
weapons program at each laboratory, and their skill areas.
(G) A statement of the number of full-time equivalent
personnel with weapon skills, their distribution by skill
and, for each such skill, their distribution by age.
(H) A statement of the number of scientists retiring from
the weapons program and the skill areas in which they worked
in the year preceding their retirement.
(I) Based on the information contained in subparagraphs (A)
through (H), a projection of what areas will become
understaffed in the five years following the date of the
submission of the report.
(J) A statement of alternatives for retaining and
recruiting scientists for the weapons programs at the
laboratories in order to preserve a sufficient skill base and
to fulfill stockpile stewardship responsibilities.
(K) The recommendations of the Secretary for implementing
any of the alternatives referred to in subparagraph (J).
SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.
Of the funds authorized to be appropriated by this title to
the Department of Energy for fiscal year 1995, $176,473,000
shall be available for the defense inertial confinement
fusion program, of which--
(1) not less than $20,765,000 shall be available for
program activities at the University of Rochester, Rochester,
New York; and
(2) not less than $8,750,000 shall be available for program
activities at the Naval Research Laboratory, Washington,
District of Columbia.
SEC. 3133. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substances
Response Trust, from funds appropriated to the Department of
Energy for environmental restoration and waste management
activities pursuant to section 3102, stipulated civil
penalties assessed under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601 et seq.) in amounts as follows:
(1) $50,000, assessed against the Fernald Environmental
Management Project, Ohio, under such Act.
(2) $50,000, assessed against the Portsmouth Gaseous
Diffusion Plant, Ohio, under such Act.
SEC. 3134. WATER MANAGEMENT PROGRAMS.
From funds authorized to be appropriated pursuant to
section 3102 to the Department of Energy for environmental
restoration and waste management activities, the Secretary of
Energy may reimburse the cities of Westminster, Broomfield,
Thornton, and Northglenn, in the State of Colorado,
$11,415,000 for the cost of implementing water management
programs. Reimbursements for the water management programs
shall not be considered a major Federal action for purposes
of section 102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)).
SEC. 3135. WORKER PROTECTION AT NUCLEAR WEAPONS FACILITIES.
Of the funds authorized to be appropriated by this title to
the Department of Energy for fiscal year 1995 for waste
management activities for environmental restoration and waste
management activities necessary for national security
programs, $11,000,000 shall be available to carry out
activities authorized under section 3131 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 42 U.S.C. 7274d), relating to worker
protection at nuclear weapons facilities.
SEC. 3136. WORKER HEALTH AND PROTECTION.
Of amounts appropriated to the Department of Energy for
fiscal year 1995 pursuant to section 3101 for weapons
activities for operating expenses, $2,500,000 shall be
available for activities relating to the Hanford health
information network established pursuant to the authority set
forth in section 3138 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1834).
SEC. 3137. LIMITATION ON USE OF PROGRAM DIRECTION FUNDS.
The Secretary of Energy may not obligate more than 50
percent of the funds appropriated pursuant to this title for
fiscal year 1995 for operating expenses for program direction
in carrying out environmental restoration and waste
management activities necessary for national security
programs until the Secretary submits to the Congress the
reports required to be submitted under subsections (a) and
(d) of section 3153 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1950) in
the year during which that fiscal year ends.
SEC. 3138. LIMITATION ON USE OF FUNDS FOR NEW CONSTRUCTION
PROJECTS.
The Secretary of Energy may not obligate or expend funds
appropriated for a new construction project until the
Secretary has approved a conceptual design for that project.
In this section, the term ``new construction project'' means
a construction project necessary for national security
programs of the Department of Energy for which funds were
initially requested for fiscal year 1995.
SEC. 3139. LIMITATION ON USE OF FUNDS FOR SPECIAL ACCESS
PROGRAMS.
None of the funds appropriated or otherwise made available
to the Department of Energy for fiscal year 1995 pursuant to
this title may be obligated for a limited access program or
special access program until the Secretary of Energy submits
to the congressional defense committees the report required
under section 93 of the Atomic Energy Act of 1954 (42 U.S.C.
2122a).
SEC. 3140. PROHIBITION ON PREFINANCING.
The Secretary of Energy may not set aside funds
appropriated to the Secretary for national security programs
for any fiscal year for the purpose of retaining personnel of
the Department of Energy in the event that there is a lapse
of funds appropriated for such purpose for the following
fiscal year.
Subtitle D--Other Matters
SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY
FUNDS.
The Secretary of Energy shall establish procedures to
account for the use of funds, in each fiscal year beginning
with fiscal year 1995, for the performance of the programs
and activities of the Department of Energy for which funds
are appropriated for national security programs of the
Department of Energy. The procedures shall account for funds
appropriated for such programs and activities which are not
used for the purpose for which such funds were appropriated.
The procedures shall provide for an accounting of all
encumbered funds, unencumbered funds, unobligated funds,
costed funds, and uncosted obligations of the Department of
Energy in each such fiscal year.
SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.
(a) Approval by Nuclear Weapons Council.--Subsection (d) of
section 179 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) Coordinating and approving activities conducted by
the Department of Energy for the study, development,
production, and retirement of nuclear warheads, including
concept definition studies, feasibility studies, engineering
development, hardware component fabrication, warhead
production, and warhead retirement.''.
(b) Report.--Such section is further amended by adding at
the end the following new subsection:
``(e) Annual Report.--(1) Each fiscal year, before the
preparation of the annual budget request of the Department of
Energy, the Chairman of the Council shall submit to the
Secretary of Energy a report on the following:
``(A) The effectiveness and efficiency of the Council, and
of the deliberative and decisionmaking processes used by the
Council, in carrying out the responsibilities described in
subsection (d).
``(B) A description of all activities conducted by the
Department of Energy during that fiscal year, or planned to
be conducted by the Department of Energy during the next
fiscal year, for the study, development, production, and
retirement of nuclear warheads and that have been approved by
the Council, including a description of--
``(i) the concept definition activities and feasibility
studies conducted or planned to be conducted by the
Department of Energy;
``(ii) the schedule for completion of each such activity or
study; and
``(iii) the degree to which each such activity or study is
consistent with United States policy for new nuclear warhead
development or warhead modifications and with established or
projected military requirements.
``(2) Each fiscal year, at the same time as the submission
of the President's budget, the Secretary of Energy shall
submit the report referred to in paragraph (1), in classified
form, to the Committees on Armed Services and Appropriations
of the Senate and House of Representatives.''.
(c) Technical Amendment.--Subsections (a)(3) and (b) of
such section are amended by striking out ``appointed'' each
place it appears and inserting in lieu thereof
``designated''.
SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN
ACTIVITIES AT THE NEVADA TEST SITE, NEVADA.
Not later than March 1, 1995, the Secretary of Energy shall
submit to the Congress a report on the feasibility of
conducting the following activities at the Nevada Test Site,
Nevada:
(1) The demilitarization of large rocket motor and
conventional ordnance.
(2) Disarmament and demilitarization, generally.
(3) The conduct of experiments that assist in monitoring
compliance with international agreements on the
nonproliferation of nuclear weapons.
(4) The provision of support to the Department of Energy
nuclear weapons complex.
(5) The conduct of programs for the Department of Energy
and the Department of Defense to develop simulator
technologies for nuclear weapons design and effects,
including advanced hydrodynamic simulators, inertial
confinement fusion test facilities, and nuclear weapons
effects simulators (such as the Decade and Jupiter
simulators).
(6) The conduct of the stockpile stewardship program
established pursuant to section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (107 Stat. 1946;
Public Law 103-160).
(7) Experiments related to the non-proliferation of nuclear
weapons, including experiments with respect to disablement,
nuclear forensics, sensors, and verification and monitoring.
SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR
WEAPONS PRODUCTION CYCLE.
(a) Report.--Not later than March 31, 1995, the Secretary
of Energy shall submit to the Congress a report that contains
a description of all waste streams generated during each step
of the complete cycle of production and disposition of
nuclear weapon components by the Department of Energy. The
description for each such step shall be based on a unit of
analysis that is appropriate for that step. The report shall
include an estimate of the volume of waste generated per unit
of analysis and an analysis of the toxicity of each waste
stream.
(b) Definitions.--In this section:
(1) The term ``waste stream'' means waste materials the
storage, treatment, or disposition of which is regulated
under Federal law, except that such term does not include
usable source materials and usable special nuclear materials.
(2) The terms ``source material'' and ``special nuclear
material'' have the meaning given such terms in section 11(z)
and (aa), respectively, of the Atomic Energy Act of 1954 (42
U.S.C. 2014(z), (aa)).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1995, $18,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. CONDITIONS ON AUTHORITY TO DISPOSE OF CERTAIN
STRATEGIC AND CRITICAL MATERIALS.
Section 3302(f) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2649) is
amended by striking out ``before October 1, 1994.'' and
inserting in lieu thereof the following: ``until after the
President certifies to Congress that--
``(1) there is a reliable domestic source for the adequate
and timely production of these materials; and
``(2) such source can be called upon in times of a national
emergency or a significant mobilization of the Armed
Forces.''.
SEC. 3302. REJECTION OF CHANGE IN STOCKPILING PRINCIPLES.
(a) Establishment of Principles.--Section 2(c) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98a(c)) is amended--
(1) in paragraph (2), by striking out ``Before October 1,
1994, the quantities'' and inserting in lieu thereof ``The
quantities''; and
(2) by striking out paragraph (3).
(b) Biennial Report on Stockpile Requirements.--Section
14(b) of such Act (50 U.S.C. 98h-5(b)) is amended--
(1) in the second sentence, by striking out ``Before
October 1, 1994, such assumptions'' and inserting in lieu
thereof ``Such assumptions''; and
(2) by striking out the third sentence.
SEC. 3303. LIMITATIONS ON THE DISPOSAL OF CHROMITE AND
MANGANESE ORES.
(a) Preference for Domestic Upgrading.--In offering to
enter into agreements pursuant to any provision of law for
the disposal of chromite and manganese ores of metallurgical
grade from the National Defense Stockpile provided for in
section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c), the President shall give a right
of first refusal on all such offers to domestic ferroalloy
upgraders.
(b) Domestic Ferroalloy Upgrader Defined.--For purposes of
this section, the term ``domestic ferroalloy upgrader'' means
a company or other business entity that, as determined by the
President--
(1) is engaged in operations to upgrade chromite or
manganese ores of metallurgical grade or is capable of
engaging in such operations; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in the
United States.
(c) Application of Section.--The requirements specified in
subsection (a) shall apply during fiscal year 1995.
SEC. 3304. CONDITIONAL PROHIBITION ON PROPOSED DISPOSAL OF
ZINC FROM NATIONAL DEFENSE STOCKPILE.
(a) Prohibition.--Except as provided in subsection (b), the
President may not proceed with the disposal from the National
Defense Stockpile of any portion of the 75,000 short tons of
zinc that was proposed for disposal in the annual materials
plan submitted to Congress under section 11(b) of such Act
(50 U.S.C. 98h-2) in March 1994.
(b) Exception.--Subsection (a) shall not apply to the
disposal of zinc from the National Defense Stockpile if the
President certifies to Congress before proceeding with such
disposal that any such disposal would not cause any undue
disruption of the usual markets of producers, processors, and
consumers of zinc.
(c) Definition.--For purposes of this section, the term
``National Defense Stockpile'' means the stockpile provided
for in section 4 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98c).
SEC. 3305. SPECIAL PROGRAM FOR CONVERSION OF LOW CARBON FERRO
CHROMIUM TO HIGH PURITY ELECTROLYTIC CHROMIUM
METAL.
(a) Required Upgrading.--During each of the fiscal years
1995 and 1996, the President shall obtain bids from domestic
producers of high purity electrolytic chromium metal for the
conversion of low carbon ferro chromium held in the National
Defense Stockpile. On the basis of such bids, the President
shall award contracts for the conversion of such chromium
into high purity electrolytic chromium metal for inclusion in
the National Defense Stockpile.
(b) Quantities To Be Upgraded.--Contracts awarded under
subsection (a) shall provide for the addition of not less
than 500 short tons of high purity electrolytic chromium
metal to the National Defense Stockpile during each of the
fiscal years covered by subsection (a).
(c) Use of Barter.--The President shall carry out this
section only through the use of the barter authority provided
to the President under section 6(c) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98e(c)) for
the management of the National Defense Stockpile.
(d) Definition.--For purposes of this section, the term
``National Defense Stockpile'' means the stockpile provided
for in section 4 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98c).
TITLE XXXIV--CIVIL DEFENSE
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated $129,658,000
for fiscal year 1995 for the purpose of carrying out title VI
of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), as added by section
3402.
SEC. 3402. TRANSFER OF FEDERAL CIVIL DEFENSE ACT OF 1950 TO
THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT.
(a) Inclusion as Additional Title.--The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) is amended--
(1) by redesignating title VI as title VII;
(2) by redesignating sections 601, 602, 603, and 604 as
sections 701, 702, 703, and 704, respectively; and
(3) by inserting after title V the following new title VI:
``TITLE VI--FEDERAL CIVIL DEFENSE
``SEC. 601. DECLARATION OF POLICY.
``The purpose of this title is to provide a system of civil
defense for the protection of life and property in the United
States from hazards and to vest responsibility for civil
defense jointly in the Federal Government and the several
States and their political subdivisions. The Congress
recognizes that the organizational structure established
jointly by the Federal Government and the several States and
their political subdivisions for civil defense purposes can
be effectively utilized to provide relief and assistance to
people in areas of the United States struck by a hazard. The
Federal Government shall provide necessary direction,
coordination, and guidance and shall provide necessary
assistance as authorized in this title.
``SEC. 602. DEFINITIONS.
``In this title:
``(1) The term `hazard' means an emergency or disaster
resulting from--
``(A) a natural disaster; or
``(B) an accidental or man-caused event, including a civil
disturbance and an attack-related disaster.
``(2) The term `attack-related disaster' means any attack
or series of attacks by an enemy of the United States
causing, or which may cause, substantial damage or injury to
civilian property or persons in the United States in any
manner by sabotage or by the use of bombs, shellfire, or
nuclear, radiological, chemical, bacteriological, or
biological means or other weapons or processes.
``(3) The term `natural disaster' means any hurricane,
tornado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, drought, fire, or other catastrophe in
any part of the United States which causes, or which may
cause, substantial damage or injury to civilian property or
persons.
``(4) The term `civil defense' means all those activities
and measures designed or undertaken to minimize the effects
of a hazard upon the civilian population, to deal with the
immediate emergency conditions which would be created by the
hazard, and to effectuate emergency repairs to, or the
emergency restoration of, vital utilities and facilities
destroyed or damaged by the hazard. Such term shall include
the following:
``(A) Measures to be undertaken in preparation for
anticipated hazards (including the establishment of
appropriate organizations, operational plans, and supporting
agreements, the recruitment and training of personnel, the
conduct of research, the procurement and stockpiling of
necessary materials and supplies, the provision of suitable
warning systems, the construction or preparation of shelters,
shelter areas, and control centers, and, when appropriate,
the non-military evacuation of civil population).
``(B) Measures to be undertaken during a hazard (including
the enforcement of passive defense regulations prescribed by
duly established military or civil authorities, the
evacuation of personnel to shelter areas, the control of
traffic and panic, and the control and use of lighting and
civil communications).
``(C) Measures to be undertaken following a hazard
(including activities for fire fighting, rescue, emergency
medical, health and sanitation services, monitoring for
specific dangers of special weapons, unexploded bomb
reconnaissance, essential debris clearance, emergency welfare
measures, and immediately essential emergency repair or
restoration of damaged vital facilities).
``(5) The term `organizational equipment' means equipment
determined by the Director to be necessary to a civil defense
organization, as distinguished from personal equipment, and
of such a type or nature as to require it to be financed in
whole or in part by the Federal Government. Such term does
not include those items which the local community normally
utilizes in combating local disasters except when required in
unusual quantities dictated by the requirements of the civil
defense plans.
``(6) The term `materials' includes raw materials,
supplies, medicines, equipment, component parts and technical
information and processes necessary for civil defense.
``(7) The term `facilities', except as otherwise provided
in this title, includes buildings, shelters, utilities, and
land.
``(8) The term `Director' means the Director of the Federal
Emergency Management Agency.
``(9) The term `neighboring countries' includes Canada and
Mexico.
``(10) The term `State' includes interstate civil defense
authorities established under section 611(g).
``SEC. 603. ADMINISTRATION OF TITLE.
``This title shall be carried out by the Director of the
Federal Emergency Management Agency.
``Subtitle A--Powers and Duties
``SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
``The Director is authorized, in order to carry out the
policy described in section 601 to perform the following
functions:
``(a) Prepare national plans and programs for the civil
defense of the United States, making such use of plans and
programs previously initiated by the National Security
Resources Board as is feasible; sponsor and direct such plans
and programs; and request such reports on State plans and
operations for civil defense as may be necessary to keep the
President, Congress, and the several States advised of the
status of civil defense in the United States.
``(b) Delegate, with the approval of the President, to the
several departments and agencies of the Federal Government
appropriate civil defense responsibilities and review and
coordinate the civil defense activities of the departments
and agencies with each other and with the activities of the
States and neighboring countries.
``(c) Make appropriate provision for necessary civil
defense communications and for dissemination of warnings to
the civilian population of a hazard.
``(d) Study and develop civil defense measures designed to
afford adequate protection of life and property, including
research and studies as to the best methods of treating the
effects of hazards, developing shelter designs and materials
for protective covering or construction, and developing
equipment or facilities and effecting the standardization
thereof to meet civil defense requirements.
``(e) Conduct or arrange, by contract or otherwise, for
training programs for the instruction of civil defense
officials and other persons in the organization, operation,
and techniques of civil defense; conduct or operate schools
or including the payment of travel expenses, in accordance
with subchapter I of chapter 57 of title 5, United States
Code, and the Standardized Government Travel Regulations, and
per diem allowances, in lieu of subsistence for trainees in
attendance or the furnishing of subsistence and quarters for
trainees and instructors on terms prescribed by the Director;
and provide instructors and training aids as deemed
necessary. The terms prescribed by the Director for the
payment of travel expenses and per diem allowances authorized
by this subsection shall include a provision that such
payment shall not exceed \1/2\ of the total cost of such
expenses. Not more than one national civil defense college
and three civil defense technical training schools shall be
established under the authority of this subsection. The
Director is authorized to lease real property required for
the purpose of carrying out the provisions of this
subsection, but shall not acquire fee title to property
unless specifically authorized by law.
``(f) Publicly disseminate appropriate civil defense
information by all appropriate means.
``(g) Assist and encourage the States to negotiate and
enter into interstate civil defense compacts; review the
terms and conditions of such proposed compacts in order to
assist, to the extent feasible, in obtaining uniformity
therein and consistency with the national civil defense plans
and programs; assist and coordinate the activities
thereunder; and aid and assist in encouraging reciprocal
civil defense legislation by the States which will permit the
furnishing of mutual aid for civil defense purposes in the
event of a hazard which cannot be adequately met or
controlled by a State or political subdivision thereof
threatened with or experiencing a hazard. A copy of each such
civil defense compact shall be transmitted promptly to the
Senate and the House of Representatives. The consent of
Congress shall be granted to each such compact, upon the
expiration of the first period of 60 calendar days of
continuous session of the Congress following the date on
which the compact is transmitted to it; but only if, between
the date of transmittal and expiration of such 60-day period,
there has not been passed a concurrent resolution stating in
substance that the Congress does not approve the compact.
Nothing in this subsection shall be construed as preventing
Congress from withdrawing at any time its consent to any such
compact.
``(h) Procure by condemnation or otherwise, construct,
lease, transport, store, maintain, renovate or distribute
materials and facilities for civil defense, with the right to
take immediate possession thereof. Facilities acquired by
purchase, donation, or other means of transfer may be
occupied, used, and improved for the purposes of this title,
prior to the approval of title by the Attorney General as
required by section 355 of the Revised Statutes (40 U.S.C.
255). The Director shall report not less often than quarterly
to the Congress all property acquisitions made pursuant to
this subsection. The Director is authorized to lease real
property required for the purpose of carrying out the
provisions of this subsection, but shall not acquire fee
title to property unless specifically authorized law. The
Director is authorized to procure and maintain under this
subsection radiological instruments and detection devices,
protective masks, and gas detection kits, and distribute the
same by loan or grant to the States for civil defense
purposes, under such terms and conditions as the Director
shall prescribe.
``(i) Make financial contributions, on the basis of
programs or projects approved by the Director, to the States
for civil defense purposes, including the procurement,
construction, leasing, or renovating of materials and
facilities. Such contributions shall be made on such terms or
conditions as the Director shall prescribe, including the
method of purchase, the quantity, quality, or specifications
of the materials or facilities, and such other factors or
care or treatment to assure the uniformity, availability, and
good condition of such materials or facilities. No
contributions shall be made under this subsection for the
procurement of land or for the purchase of personal equipment
for State or local civil defense workers. The amounts
authorized to be contributed by the Director to each State
for organizational equipment shall be equally matched by such
State from any source it determines is consistent with its
laws. Financial contributions to the States for shelters and
other protective facilities shall be determined by taking the
amount of funds appropriated or available to the Director for
such facilities in each fiscal year and apportioning such
funds among the States in the ratio which the urban
population of the critical target areas (as determined by the
Director, after consultation with the Secretary of Defense)
in each State, at the time of the determination, bears to the
total urban population of the critical target areas of all of
the States. The amounts authorized to be contributed by the
Director to each State for such shelters and protective
facilities shall be equally matched by such State from any
source it determines is consistent with its laws and, if not
matched within a reasonable time, the Director may reallocate
same to other States under the formula described in the
preceding sentence. The value of any land contributed by any
State or political subdivision thereof shall be excluded from
the computation of the State share under this subsection. The
amounts paid to any State under this subsection shall be
expended solely in carrying out the purposes set forth herein
and in accordance with State civil defense programs or
projects approved by the Director. The Director shall make no
contribution toward the cost of any program or project for
the procurement, construction, or leasing of any facility
which (1) is intended for use, in whole or in part, for any
purpose other than civil defense, and (2) is of such kind
that upon completion it will, in the judgment of the
Director, be capable of producing sufficient revenue to
provide reasonable assurance of the retirement or repayment
of such cost; except that (subject to the preceding sentences
of this subsection) the Director may make a contribution to
any State toward that portion of the cost of the
construction, reconstruction, or enlargement of any facility
which the Director determines to be directly attributable to
the incorporation in such facility of any feature of
construction or design not necessary for the principal
intended purpose thereof but which is, in the judgment of the
Director necessary for the use of such facility for civil
defense purposes. The Director shall report not less often
than annually to Congress all contributions made pursuant to
this subsection. All laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed with the assistance of any
contribution of Federal funds made by the Director under this
subsection shall be paid wages at rates not less than those
prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the
Act of March 3, 1931 (commonly known as the Davis-Bacon Act
(40 U.S.C. 276a-276a-5)), and every such employee shall
receive compensation at a rate not less than one and \1/2\
times the basic rate of pay of the employee for all hours
worked in any workweek in excess of eight hours in any
workday or 40 hours in the workweek, as the case may be. The
Director shall make no contribution of Federal funds without
first obtaining adequate assurance that these labor standards
will be maintained upon the construction work. The Secretary
of Labor shall have, with respect to the labor standards
specified in this subsection, the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C.
App.), and section 2 of the Act of June 13, 1934 (40 U.S.C.
276(c)).
``(j) Arrange for the sale or disposal of materials and
facilities found by the Director to be unnecessary or
unsuitable for civil defense purposes in the same manner as
provided for excess property under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
Any funds received as proceeds from the sale or other
disposition of such materials and facilities shall be covered
into the Treasury as miscellaneous receipts.
``SEC. 612. MUTUAL AID PACTS BETWEEN SEVERAL STATES AND
NEIGHBORING COUNTRIES.
``The Director shall give all practicable assistance to
States in arranging, through the Department of State, mutual
civil defense aid between the States and neighboring
countries.
``SEC. 613. IDENTITY INSIGNIA.
``The Director may prescribe insignia, arm bands, and other
distinctive articles (including designs previously covered
under Letters Patent which were assigned to the United States
and held by the Office of Civilian Defense created by
Executive Order Numbered 8757 issued May 20, 1941) which may
be manufactured for or possessed or worn by persons engaged
in civil defense activities pursuant to rules and regulations
for the manufacture, possession, or wearing thereof
established by the Director. The manufacture, possession, or
wearing of any such insignia, arm band, or other distinctive
article otherwise than in accordance with such rules and
regulations shall be unlawful and shall subject such person
to a fine of not more than $1,000 or imprisonment of not more
than one year, or both.
``SEC. 614. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE
EXPENSES.
``(a) General Authority.--To further assist in carrying out
the purposes of this title, the Director may make financial
contributions to the States (including interstate civil
defense authorities established pursuant to section 611(g))
for necessary and essential State and local civil defense
personnel and administrative expenses, on the basis of
approved plans (which shall be consistent with the national
plan for civil defense approved by the Director) for the
civil defense of the States. The financial contributions to
the States under this section shall not exceed \1/2\ of the
total cost of such necessary and essential State and local
civil defense personnel and administrative expenses.
``(b) Plan Requirements.--Plans submitted under this
section shall--
``(1) provide, pursuant to State law, that the plan shall
be in effect in all political subdivisions of the State and
be mandatory on them and be administered or supervised by a
single State agency;
``(2) provide that the State shall share the financial
assistance with that provided by the Federal Government under
this section from any source determined by it to be
consistent with State law;
``(3) provide for the development of State and local civil
defense operational plans, pursuant to standards approved by
the Director;
``(4) provide for the employment of a full-time civil
defense director, or deputy director, by the State;
``(5) provide that the State shall make such reports in
such form and content as the Director may require; and
``(6) make available to duly authorized representatives of
the Director and the Comptroller General, books, records, and
papers necessary to conduct audits for the purposes of this
section.
``(c) Terms and Conditions.--The Director shall establish
such other terms and conditions as the Director considers
necessary and proper to carry out this section.
``(d) Application of Other Provisions.--In carrying out
this section, the provisions of section 611(g) and 621(h)
shall apply.
``(e) Allocation of Funds.--For each fiscal year concerned,
the Director shall allocate to each State, in accordance with
regulations and the total sum appropriated hereunder, amounts
to be made available to the States for the purposes of this
section. Regulations governing allocations to the States
under this subsection shall give due regard to (1) the
criticality of the target and support areas and the areas
which may be affected by hazards with respect to the
development of the total civil defense readiness of the
Nation, (2) the relative state of development of civil
defense readiness of the State, (3) population, and (4) such
other factors as the Director shall prescribe. The Director
may reallocate the excess of any allocation not utilized by a
State in a plan submitted hereunder. Amounts paid to any
State or political subdivision under this section shall be
expended solely for the purposes set forth herein.
``(f) Submission of Plan.--In the event a State fails to
submit a plan for approval as required by this section within
60 days after the Director notifies the States of the
allocations hereunder, the Director may reallocate such
funds, or portions thereof, among the other States in such
amounts as, in the judgment of the Director will best assure
the adequate development of the civil defense capability of
the Nation.
``(g) Annual Reports.--The Director shall report annually
to the Congress all contributions made pursuant to this
section.
``SEC. 615. REQUIREMENT FOR STATE MATCHING FUNDS FOR
CONSTRUCTION OF EMERGENCY OPERATING CENTERS.
``Notwithstanding any other provision of this title, funds
appropriated to carry out this title may not be used for the
purpose of constructing emergency operating centers (or
similar facilities) in any State unless such State matches in
an equal amount the amount made available to such State under
this title for such purpose.
``SEC. 616. USE OF FUNDS TO PREPARE FOR AND RESPOND TO
HAZARDS.
``Funds made available to the States under this title may
be used by the States for the purposes of preparing for
hazards and providing emergency assistance in response to
hazards. Regulations prescribed to carry out this section
shall authorize the use of civil defense personnel,
materials, and facilities supported in whole or in part
through contributions under this title for civil defense
activities and measures related to hazards.
``Subtitle B--General Provisions
``SEC. 621. ADMINISTRATIVE AUTHORITY.
``For the purpose of carrying out the powers and duties
assigned to the Director under this title, the Director may
exercise the following administrative authorities:
``(a) Employ civilian personnel for duty in the United
States, including the District of Columbia, or elsewhere,
subject to the civil-service laws, and to fix the
compensation of such personnel in accordance with subchapter
III of chapter 51 and chapter 53 of title 5, United States
Code.
``(b) Employ not more than 100 such part-time or temporary
advisory personnel (including not to exceed 25 subjects of
the United Kingdom and the Dominion of Canada) as are deemed
necessary in carrying out the provisions of this title.
Persons holding other offices or positions under the United
States for which they receive compensation, while serving as
members of such committees, shall receive no additional
compensation for such service. Other members of such
committees and other part-time or temporary advisory
personnel so employed may serve without compensation or may
receive compensation at a rate not to exceed $50 for each day
of service, as determined by the Director.
``(c) Utilize the services of Federal agencies and, with
the consent of any State or local government, accept and
utilize the services of State and local civil agencies;
establish and utilize such regional and other offices as may
be necessary; utilize such voluntary and uncompensated
services by individuals or organizations as may from time to
time be needed; and authorize the States to establish and
organize such individuals and organizations into units to be
known collectively as the United States Civil Defense Corps.
The members of such corps shall not be deemed by reason of
such membership to be appointees or employees of the United
States.
``(d) Notwithstanding any other provision of law, accept
gifts of supplies, equipment, and facilities and utilize or
distribute such gifts for civil defense purposes in
accordance with the provisions of this title.
``(e) Reimburse any Federal agency for any of its
expenditures or for compensation of its personnel and
utilization or consumption of its materials and facilities
under this title to the extent funds are available.
``(f) Purchase such printing, binding, and blank-book work
from public, commercial, or private printing establishments
or binderies as the Director considers necessary upon orders
placed by the Public Printer or upon waivers issued in
accordance with section 504 of title 44, United States Code.
``(g) Prescribe such rules and regulations as may be
necessary and proper to carry out any of the provisions of
this title and perform any of the powers and duties provided
by this title through or with the aid of such officials of
the Federal Emergency Management Agency as the Director may
designate.
``(h) When, after reasonable notice and opportunity for
hearing to the State or other person, the Director finds that
there is a failure to expend funds in accordance with the
regulations, terms, and conditions established under this
title for approved civil defense plans, programs, or
projects, notify such State or person that further payments
will not be made to the State or person from appropriations
under this title (or from funds otherwise available for the
purposes of this title for any approved plan, program, or
project with respect to which there is such failure to
comply) until the Director is satisfied that there will no
longer be any such failure. Until so satisfied, the Director
shall either withhold the payment of any financial
contribution to such State or person or limit payments to
those programs or projects with respect to which there is
substantial compliance with the regulations, terms, and
conditions governing plans, programs, or projects hereunder.
As used in this subsection, the term `person' means the
political subdivision of any State or combination or group
thereof, any interstate civil defense authority established
pursuant to subsection 611(g), or any person, corporation,
association, or other entity of any nature whatsoever,
including instrumentalities of States and political
subdivisions.
``SEC. 622. EXEMPTION FROM CERTAIN PROHIBITIONS.
``The authority granted in subsections (b) and (c) of
section 621 shall be exercised in accordance with regulations
of the President, who may also provide by regulation for the
exemption of persons employed or whose services are utilized
under the authority of such subsections from the operation of
sections 203, 205, 207, 208, and 209 of title 18 of the
United States Code.
``SEC. 623. SECURITY REGULATIONS.
``(a) Establishment.--The Director shall establish such
security requirements and safeguards, including restrictions
with respect to access to information and property as the
Director considers necessary.
``(b) Limitations on Employee Access to Information.--No
employee of the Federal Emergency Management Agency shall be
permitted to have access to information or property with
respect to which access restrictions have been established
under this section, until it shall have been determined that
no information is contained in the files of the Federal
Bureau of Investigation or any other investigative agency of
the Government indicating that such employee is of
questionable loyalty or reliability for security purposes, or
if any such information is so disclosed, until the Federal
Bureau of Investigation shall have conducted a full field
investigation concerning such person and a report thereon
shall have been evaluated in writing by the Director.
``(c) National Security Positions.--No employee of the
Federal Emergency Management Agency shall occupy any position
determined by the Director to be of critical importance from
the standpoint of national security until a full field
investigation concerning such employee shall have been
conducted by the Director of the Office of Personnel
Management and a report thereon shall have been evaluated in
writing by the Director. In the event such full field
investigation by the Director of the Office of Personnel
Management develops any data reflecting that such applicant
for a position of critical importance is of questionable
loyalty or reliability for security purposes, or if the
Director for any other reason shall deem it to be advisable,
such investigation shall be discontinued and a report thereon
shall be referred to the Director for evaluation in writing.
Thereafter the Director may refer the matter to the Federal
Bureau of Investigation for the conduct of a full field
investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished to the
Director for action.
``(d) Employee Oaths.--Each Federal employee of the Federal
Emergency Management Agency, except the subjects of the
United Kingdom and the Dominion of Canada specified in
section 621(b), shall execute the loyalty oath or appointment
affidavits prescribed by the Director of the Office of
Personnel Management. Each person other than a Federal
employee who is appointed to serve in a State or local
organization for civil defense shall before entering upon
duties, take an oath in writing before a person authorized to
administer oaths, which oath shall be substantially as
follows:
`I, , do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States
against all enemies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the
duties upon which I am about to enter.
`And I do further swear (or affirm) that I do not advocate,
nor am I a member or an affiliate of any organization, group,
or combination of persons that advocates the overthrow of the
Government of the United States by force or violence; and
that during such time as I am a member of (name
of civil defense organization), I will not advocate nor
become a member or an affiliate of any organization, group,
or combination of persons that advocates the overthrow of the
Government of the United States by force or violence.'
After appointment and qualification for office, the director
of civil defense of any State, and any subordinate civil
defense officer within such State designated by the director
in writing, shall be qualified to administer any such oath
within such State under such regulations as the director
shall prescribe. Any person who shall be found guilty of
having falsely taken such oath shall be punished as provided
in section 1621 of title 18, United States Code.
``SEC. 624. UTILIZATION OF EXISTING FACILITIES.
``In performing duties under this title, the Director
shall--
``(1) cooperate with the various departments and agencies
of the Federal Government;
``(2) utilize, to the maximum extent, the existing
facilities and resources of the Federal Government and, with
their consent, the facilities and resources of the States and
political subdivisions thereof, and of other organizations
and agencies; and
``(3) refrain from engaging in any form of activity which
would duplicate or parallel activity of any other Federal
department or agency unless the Director, with the written
approval of the President, shall determine that such
duplication is necessary to accomplish the purposes of this
title.
``SEC. 625. ANNUAL REPORT TO CONGRESS.
``The Director shall annually submit a written report to
the President and Congress covering expenditures,
contributions, work, and accomplishments of the Federal
Emergency Management Agency pursuant to this title,
accompanied by such recommendations as the Director shall
deem appropriate.
``SEC. 626. APPLICABILITY OF TITLE.
``The provisions of this title shall be applicable to the
United States, its States, Territories and possessions, and
the District of Columbia, and their political subdivisions.
``SEC. 627. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF
FUNDS.
``There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this title. Funds
made available for the purposes of this title may be
allocated or transferred for any of the purposes of this
title, with the approval of the Bureau of the Budget, to any
agency or government corporation designated to assist in
carrying out this title. Each such allocation or transfer
shall be reported in full detail to the Congress within
thirty days after such allocation or transfer.
``SEC. 628. ATOMIC ENERGY ACT OF 1946.
``Nothing in this title shall be construed to amend or
modify the provisions of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
``SEC. 629. FEDERAL BUREAU OF INVESTIGATION.
``Nothing in this title shall be construed to authorize
investigations of espionage, sabotage, or subversive acts by
any persons other than personnel of the Federal Bureau of
Investigation.
``SEC. 630. SEPARABILITY.
``If any provision of this title or the application of such
provision to any person or circumstances shall be held
invalid, the remainder of the title, and the application of
such provisions to persons or circumstances other than those
as to which it is held invalid, shall not be affected
thereby.
``SEC. 631. APPLICABILITY OF REORGANIZATION PLAN NUMBERED 1.
``The applicability of Reorganization Plan Numbered 1 of
1958 (23 F.R. 4991) shall extend to any amendment of this
title except as otherwise expressly provided in such
amendment.''.
(b) Conforming Repeal.--The Act entitled ``An Act to
authorize a Federal civil defense program, and for other
purposes.'', approved January 12, 1951 (50 U.S.C. App. 2251
et seq.), is repealed.
(c) Conforming Amendments.--(1) Section 202(c) of The
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5132(c)) is amended by striking ``section
201(c) of the Federal Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2281(c)),'' and inserting ``section 611(c) of
this Act''.
(2) The undesignated paragraph under the heading ``civil
defense procurement fund'' in chapter XI of the Third
Supplemental Appropriation Act, 1951 (50 U.S.C. App. 2264; 65
Stat. 61) is repealed.
(3) Section 813(d) of the Agricultural Act of 1970 (7
U.S.C. 1427a(d)) is amended by striking out ``the provisions
of the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2251-2297).'' and inserting in lieu thereof
``title VI of The Robert T. Stafford Disaster Relief and
Emergency Assistance Act.''.
TITLE XXXV--NAVAL PETROLEUM RESERVES
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $199,456,000 for fiscal year 1995 for the
purpose of carry out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1995.
During fiscal year 1995, any sale of any part of the United
States share of petroleum produced from Naval Petroleum
Reserves Numbered 1, 2, and 3 shall be made at the price
prescribed by section 7430(b)(2)(A) of title 10, United
States Code.
The CHAIRMAN. No amendments to the committee amendment in the nature
of a substitute are in order except amendments printed in House Report
103-509 and amendments en bloc described in section 4 of House
Resolution 429.
Except as specified in section 3, 4, or 5 of the resolution or unless
otherwise specified in the report, the amendments shall be considered
in the order printed, may be offered only by a member designated in the
report, shall be considered as read, shall not be subject to amendment
or to a demand for a division of the question, and shall be debatable
for 10 minutes, equally divided and controlled by the proponent and an
opponent of the amendment, except that pro forma amendments for the
purpose of debate may be offered by the chairman and ranking minority
member of the Committee on Armed Services.
After disposition of or postponement of further proceedings on the
amendments printed in part 1 of the report, there shall be an
additional period of general debate which shall be confined to
ballistic missile defense and shall not exceed 20 minutes, equally
divided and controlled by the chairman and ranking minority member of
the Committee on Armed Services.
It shall then be in order to consider the amendments printed in part
2 of the report. If more than one of the amendments printed in part 2
of the report is adopted, only the last to be adopted shall be
considered as finally adopted and reported to the House.
After disposition of or postponement of further proceedings on the
amendments printed in part 2 of the report, it shall be in order to
consider the amendments printed in part 3 of the report relating to
burdensharing.
After disposition of or postponement of further proceedings on the
amendments printed in part 3 of the report, there shall be an
additional period of general debate which shall be confined to the
Trident II (D-5) missile and shall not exceed 20 minutes, equally
divided and controlled by the chairman and ranking minority member of
the Committee on Armed Services.
It shall then be in order to consider the amendments printed in part
4 of the report.
After disposition of or postponement of further proceedings on the
amendments printed in part 4 of the report, and pursuant to the order
of the House of earlier today, it shall be in order to consider any
amendment printed in part 1 of the report not previously considered.
It shall be in order at any time for the chairman of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in part 1 of the report or germane modifications
of any such amendment.
Amendments en bloc shall be considered as read, except that
modifications shall be reported, shall be debatable for 20 minutes,
equally divided and controlled by the chairman and ranking minority
member of the Committee on Armed Services, shall not be subject to
amendment and shall not be subject to a demand for a division of the
question.
The original proponent of an amendment included in amendments en bloc
may insert a statement in the Congressional Record immediately before
disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may postpone until a time
during further consideration in the Committee of the Whole a request
for a recorded vote on any amendment made in order by the resolution.
The Chairman of the Committee of the Whole may reduce to not less
than 5 minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by electronic
device without intervening business, provided that the time for voting
by electronic device on the first in any series of questions shall not
be less than 15 minutes.
The Chairman of the Committee of the Whole may recognize for
consideration of amendments made in order by the resolution out of the
order in which they are printed, but not sooner than 1 hour after the
chairman of the Committee on Armed Services or a designee announces
from the floor a request to that effect.
After disposition of or continued postponement of further proceedings
on each of the amendments printed in the report and any amendments
offered pursuant to section 4 of the resolution, the Committee shall
rise without motion. No further consideration of the bill shall be in
order except pursuant to a subsequent order of the House.
For what purpose does the gentleman from California rise?
Mr. DELLUMS. Mr. Chairman, I rise first to congratulate the Chair on
the clarity of his instructions to govern the proceedings. I followed
them very carefully.
amendments en bloc, as modified, offered by mr. dellums
Mr. DELLUMS. Mr. Chairman, pursuant to section 4 of House Resolution
429, I offer amendments en bloc consisting of amendments Nos. 1, 2, 3,
4, 5, 6, 7, 8, 9, 12, 13, amendment No. 14, as modified, and finally
amendment No. 15 printed in part 1 of House Report 103-509, and the
amendments printed in part 5 of that report.
The CHAIRMAN. The Clerk will designate the en bloc amendments.
The text of the en bloc amendments, as modified, offered by Mr.
Dellums, is as follows:
amendments en bloc offered by mr. dellums
Amendment offered by Mr. Dellums: Page 49, line 12, strike
out ``$2,655,200,000'' and insert in lieu thereof
``$2,180,200,000''.
Page 49, line 14, strike out ``(none of the'' and all that
follows through line 17 and insert in lieu thereof a period.
Page 49, after line 23, insert the following:
(20) For Project Peace, $15,000,000.
(21) For Former Soviet Union Threat Reduction,
$400,000,000.
(22) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $60,000,000.
Page 52, after line 11, insert the following new section:
SEC. 306. FUNDS FOR CLEARING LANDMINES.
Of the funds authorized to be appropriated in section 301,
not more than $25,000,000 shall be available for activities
to support the clearing of landmines for humanitarian
purposes, as determined by the Secretary of Defense.
Page 111, after line 10, insert the following new sections:
SEC. 384. OPERATION OF OVERSEAS FACILITIES OF THE DEPARTMENT
OF DEFENSE BY UNITED STATES FIRMS.
(a) Operation of Facilities.--(1) Subchapter V of chapter
148 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2542. Operation of overseas facilities of the
Department of Defense by United States firms
``(a) Operation of Overseas Facilities.--A contract to
operate a Department of Defense facility not in the United
States (or its territories or possessions) for the production
or distribution of subsistence items may be awarded only to a
United States firm. The facility shall be operated in
accordance with Federal law governing the production or
distribution of such items.
``(b) Definition.--In this section, the term `United States
firm' has the meaning given such term in section 2532(d)(1)
of this title.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2542. Operation of overseas facilities of the Department of Defense
by United States firms.''.
(b) Effective Date.--Section 2542 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to solicitations issued, contracts awarded or
extended, or subcontracts approved, after January 1, 1995.
SEC. 385. EXCLUSION OF CERTAIN TROOPS IN CALCULATION OF
AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL
IN EUROPE.
Subsection (c)(1) of section 1002 of the Department of
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is
amended by adding at the end the following: ``For purposes of
this paragraph, members of the Armed Forces of the United
States assigned to permanent duty ashore in Iceland,
Greenland, and the Azores are excluded in calculating the end
strength level of members of the Armed Forces assigned to
permanent duty ashore in European member nations of NATO.''.
Page 168, after line 17, insert the following:
(a) Findings.--The Congress makes the following findings:
(1) The United States has committed itself to fight and win
two Persian Gulf-type regional wars almost simultaneously.
Both the Bush and Clinton administrations have embraced the
so-called ``win/win'' strategy which requires sizing the
military for two major regional conflicts.
(2) The involvement of the United States in relief efforts
in Somalia, the continued involvement of the United States in
Bosnia, and the possible need for military action in Korea
reaffirm the importance of a sufficient-sized military to
deter aggression and enforce America's interests abroad.
(3) The United States military will be called upon in the
future to perform an increasing number of humanitarian and
relief missions, causing increased strain on the resources of
the Armed Forces.
(4) The United States military force structure has shrunk
dramatically since the Persian Gulf War in 1991. Critical
force enhancements which will not be deployed for several
years are needed to achieve decisive victory in major
regional conflicts.
Page 168, strike out line 18 and insert in lieu thereof the
following:
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
Page 266, after line 20, insert the following new subtitle:
Subtitle B--Counter-Drug Activities
SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF OTHER AGENCIES.
(a) Extension of Support Authorization.--Section 1004(a) of
the National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 374 note) is amended by striking out ``through
1995'' and inserting in lieu thereof ``through 1997''.
(b) Funding of Support Activities.--Of the amount
authorized to be appropriated for fiscal year 1995 under
section 301 for operation and maintenance with respect to
drug interdiction and counter-drug activities, $40,000,000
shall be available to the Secretary of Defense for the
purposes of carrying out section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).
Page 268, after line 24, insert the following:
SEC. 1022. EXTENSION OF AUTHORITY TO ENTER INTO CERTAIN
COOPERATIVE AGREEMENT AUTHORITIES TO INCLUDE
THE UNITED NATIONS AND REGIONAL ORGANIZATIONS
OF WHICH THE UNITED STATES IS A MEMBER.
(a) Logistics Agreements.--Section 2341 of title 10, United
States Code, is amended--
(1) by striking out ``and'' the first place it appears in
paragraph (1) and inserting in lieu thereof a comma, and
(2) by inserting after ``from North Atlantic subsidiary
bodies'' the following: ``, and from the United Nations
Organization or any regional international organization of
which the United States is a member''.
(b) Cross-Servicing Agreements.--Section 2342(a) of such
title is amended--
(1) in paragraph (1)--
(A) by striking out ``or'' at the end of subparagraph (B);
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) the United Nations Organization or any regional
international organization of which the United States is a
member; or''; and
(2) in paragraph (2), by striking out ``subsidiary body''
both places it appears and inserting in lieu thereof
``organization'';
(c) Method of Payment for Acquisitions and Transfers.--
Section 2344(b)(4) of such title is amended by adding at the
end the following new sentence: ``The pricing principles set
forth in paragraphs (1) and (2) shall also apply to
agreements under this subchapter with the United Nations
Organization or any regional international organization of
which the United States is a member.''.
(d) Definitions.--Section 2350 of such title is amended--
(1) in paragraph (1)--
(A) by inserting ``(including airlift)'' after
``transportation'';
(B) by inserting ``calibration services,'' after
``maintenance services,''; and
(C) by adding at the end the following new sentence: ``Such
term includes temporary use of general purpose vehicles and
other items of military equipment not designated as part of
the United States Munitions List pursuant to section 38(a)(1)
of the Arms Export Control Act.''; and
(2) by adding at the end the following new paragraph:
``(4) The term `transfer' means loaning, or otherwise
temporarily providing, logistic support, supplies, and
services under the terms of a cross-servicing agreement.''.
(e) Effective Date.--The amendments made by this section
shall apply with regard to any acquisition or transfer of
logistic support, supplies, and services under the authority
of subchapter I of chapter 138 of title 10, United States
Code, that is initiated after the date of the enactment of
this Act.
SEC. 1023. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.
(a) OHDACA Programs.--For purposes of section 301 and other
provisions of this Act, programs of the Department of Defense
designated as Oversesas Humanitarian, Disaster, and Civic Aid
(OHDACA) programs are the programs provided by sections 401,
402, 2547, and 2551 of title 10, United States Code, by
section 2219 of title 10, United States Code, as added by
section 1024, and by section 1025.
(b) Limitation.--Not more than one-half of the amount
authorized to be appropriated in section 301 for those
programs may be obligated until--
(1) the regulations required to be prescribed by subsection
(a) of section 1504 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1839)
have been prescribed; and
(2) the report required to be submitted by subsection (d)
of that section has been submitted.
SEC. 1024. DISASTER RELIEF.
(a) In General.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2219. Disaster relief; Defense Emergency Response Fund
``(a) Domestic Disaster Relief.--The Defense Emergency
Response Fund (established by title V of Public Law 101-165
(103 Stat. 1126)) is available only for assistance in the
case of disasters occurring in the United States.
``(b) Overseas Disaster Relief.--Whenever the Secretary of
Defense is directed to provide disaster relief assistance in
the case of a natural or manmade disaster occurring outside
the United States, the Secretary shall designate the activity
of the Department of Defense to provide that assistance to be
a National Contingency Operation under section 127a of this
title.
``(c) Organizing Policies and Programs.--Amounts
appropriated for any fiscal year for Oversesas Humanitarian,
Disaster, and Civic Aid (OHDACA) programs of the Department
of Defense shall be available for organizing general policies
and programs for disaster relief programs for disasters
occurring outside the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2219. Disaster relief; Defense Emergency Response Fund.''.
SEC. 1025. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING
LANDMINES.
(a) Program.--The Secretary of Defense shall carry out a
program to assist other nations in clearing landmines for
humanitarian purposes. Such assistance may be provided in the
form of financial assistance, in-kind or personnel
assistance, or both.
(b) Limitation on Actions of United States Personnel.--The
Secretary of Defense shall ensure that United States military
personnel are not engaged in the physical lifting or
destroying of landmines except in support of United States
military operations.
(c) Source of Funds.--Of the funds authorized to be
appropriated by section 301 for Overseas Humanitarian,
Disaster, and Civic Aid (OHDACA) programs of the Department
of Defense, such sums as determined by the Secretary of
Defense shall be available for the program under subsection
(a) and may be used for--
(1) activities to support the clearing of landmines for
humanitarian purposes, including activities relating to the
furnishing of education, training, technical assistance,
equipment, and technology; and
(2) contributions to nongovernmental organizations that
have experience in landmine clearance to support activities
described in paragraph (1).
Page 277, after line 2, insert the following new sections:
SEC. 1038. MILITARY-TO-MILITARY CONTACT PROGRAM.
(a) Authorization.--Of amounts appropriated pursuant to
section 301(5) for Defense-wide activities, $45,800,000 shall
be available to continue efforts that were initiated by the
commander of a United States unified command and approved by
the chairman of the Joint Chiefs of Staff for military-to-
military contacts and comparable activities that are designed
to assist the military forces of other countries in
understanding the appropriate role of military forces in a
democratic society.
(b) Report to Congress.--Not more than $10,000,000 of the
funds authorized by subsection (a) may be obligated until the
Secretary of Defense submits to Congress a report describing
in detail how the military-to-military contact program will
be executed during fiscal year 1995.
SEC. 1039. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS
BASING ACTIVITIES.
(a) Limitation.--The total amount authorized to be
appropriated to the Department of Defense for operation and
maintenance and for military construction (including
construction and improvement of military family housing) that
is obligated to conduct overseas basing activities during
fiscal year 1995 may not exceed $8,181,000,000, except to the
extent provided by the Secretary of Defense under subsection
(b).
(b) Exception.--The Secretary of Defense may increase the
amount of the limitation under subsection (a) by such amount
as the Secretary determines to be necessary in the national
interest, except that such increase may not exceed
$400,000,000. The Secretary may not make any such increase
until the Secretary notifies the Congress of the Secretary's
intent to make such an increase and a period of 15 days
elapses after the day on which the notification is received
by the Congress.
(c) Allocations of Savings.--Any amounts appropriated to
the Department of Defense for fiscal year 1995 for the
purposes covered by subsection (a) that are not available to
be used for those purposes by reason of the limitation in
that subsection shall be allocated by the Secretary of
Defense for operation and maintenance and for military
construction activities of the Department of Defense at
military installations and facilities located inside the
United States.
(d) Definition.--In this section, the term ``overseas
basing activities'' has the meaning given such term in
section 1401(d)(2) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1825),
except that such term does not include activities of the
Department of Defense for which funds are provided through
appropriations for Military Personnel.
Page 308, after line 24, insert the following new title:
TITLE XII--COOPERATIVE THREAT REDUCTION, COUNTERPROLIFERATION, AND
RELATED MATTERS
Subtitle A--Cooperative Threat Reduction
SEC. 1201. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) Required Report.--Of the amount authorized to be
appropriated in section 301 for Cooperative Threat Reduction
programs, not more than 10 percent may be obligated until the
Secretary of Defense submits to Congress a report on the
efforts made by the United States Government (including the
use of audits, examinations, and on-site inspections) to
ensure that United States assistance provided under the
Cooperative Threat Reduction program in fiscal year 1994 and
prior years is fully accounted for and is being used for its
intended purposes.
(b) Information To Be Included.--The report--
(1) shall include--
(A) a listing of United States Cooperative Threat Reduction
assistance provided as of the time the report is submitted;
(B) a description of the whereabouts and conditions of the
aid; and
(C) a determination of whether the aid in question has been
used for its intended purpose; and
(2) shall describe the activities planned in fiscal year
1995 to ensure that United States assistance provided that
fiscal year is fully accounted for and is used for its
intended purpose.
(c) Comptroller General Assessment.--Not later than 30 days
after the date on which the report described in subsection
(a) is submitted to Congress, the Comptroller General of the
United States shall submit to Congress a report giving the
Comptroller General's assessing the Secretary's report and
making any recommendations the Comptroller General considers
appropriate.
SEC. 1202. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL
RELATING TO WEAPONS OF MASS DESTRUCTION.
The Secretary of Defense shall submit to Congress a report
on progress being made in each state of the former Soviet
Union that is a recipient of assistance under Cooperative
Threat Reduction programs toward the development of an
effective system of control and accountability for material
related to weapons of mass destruction in that country. Under
such a system, officials of the United States and of the
recipient country should have an accurate accounting of the
weapons of mass destruction in that country and the fissile
and chemical materials from those weapons. The report shall
be submitted not later than three months after the date of
the enactment of this Act.
SEC. 1203. COOPERATIVE THREAT REDUCTION.
(a) Funding Report to Congress.--The Secretary of Defense
shall submit to Congress a report as described in subsection
(b) on funding for programs of cooperative threat reduction
with states of the former Soviet Union. The report shall be
submitted at the time of the transmission to Congress of the
budget justification materials for the funding request in the
fiscal year 1996 budget for such cooperative threat reduction
programs.
(b) Matters To Be Included in Annual Report.--The Secretary
of Defense shall include in the report under subsection (a)
the following:
(1) An estimate of the total amount that will be required
to be expended by the United States in order to achieve the
objectives of cooperative threat reduction programs.
(2) A multiyear plan for the use of amounts and other
resources provided by the United States for cooperative
threat reduction programs and to provide guidance for
preparation of annual budget submissions.
(c) Subsequent Revisions to Report.--The Secretary of
Defense shall submit an updated version of the report under
subsection (a) for any fiscal year after fiscal year 1996 for
which the budget of the President proposes that funds be
appropriated to the Department of Defense for cooperative
threat reduction programs.
(d) Fiscal Year 1995 Limitation.--Of the amount authorized
in this Act for cooperative threat reduction programs, the
sum of $50,000,000 may not be obligated until the President
certifies to Congress that the United States is making a
concerted effort to ensure that allies of the United States
are increasing their levels of support for activities that
will aid in accomplishing the objectives of the cooperative
threat reduction programs.
(e) Cooperative Threat Reduction Programs.--For purposes of
this section, cooperative threat reduction programs are those
programs described in section 1203(b) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1778).
Subtitle B--Counterproliferation Activities
SEC. 1211. EXTENSION AND REVISION OF COUNTER- PROLIFERATION
AUTHORITIES.
(a) Extension of International Nonproliferation
Authorities.--Section 1505 of the National Defense
Authorization Act for Fiscal Year 1993 (22 U.S.C. 5859a) is
amended--
(1) in subsection (a), by striking out ``during fiscal year
1994''; and
(2) in subsection (e), by striking out ``of fiscal year
1994'' and inserting in lieu thereof ``of a fiscal year''.
(b) Additional Nonproliferation Authorities.--Subsection
(b) of such section is amended--
(1) in paragraph (1)--
(A) by striking out ``the International Atomic Energy
Agency (IAEA)'' and inserting in lieu thereof ``international
organizations'';
(B) by striking out ``nuclear'';
(C) by striking out ``aggressive'' and inserting in lieu
thereof ``effective''; and
(D) by striking out ``the Treaty on'' and all that follows
in such paragraph and inserting in lieu thereof
``international agreements on nonproliferation.'';
(2) in paragraph (2), by striking out ``the On-Site
Inspection Agency'' and inserting in lieu thereof ``the
Department of Defense'';
(3) in paragraph (4), by striking out ``nuclear
proliferation'' and all that follows in such paragraph and
inserting in lieu thereof ``proliferation of nuclear,
biological, and chemical weapons, their delivery systems,
related technologies, and other weapons.''; and
(4) by adding at the end the following new paragraph:
``(5) Activities supporting the dismantlement and
destruction of nuclear, biological, and chemical weapons,
their delivery systems, related technologies, and other
weapons.''.
(c) Repeal of Funding Limitations.--Subsection (d) of such
section is amended--
(1) by striking out paragraphs (1) and (3); and
(2) by striking out ``(2)''.
(d) Cross Reference Amendment.--Subsection (e)(2) of such
section is amended by striking out ``and under subsection
(d)(4)''.
SEC. 1212. STUDIES RELATING TO UNITED STATES
COUNTERPROLIFERATION POLICY.
(a) Extension of Authority.--Subsection (a) of section 1603
of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 5859a; 107 Stat. 1843) is amended by striking
out ``During fiscal year 1994, the Secretary'' and inserting
in lieu thereof ``The Secretary'';
(b) Repeal of Reporting Requirement.--Such section is
further amended--
(1) by striking out subsections (d) and (e); and
(2) by redesignating subsection (f) as subsection (d).
SEC. 1213. FISCAL YEAR 1995 AMOUNT.
(a) Fiscal Year 1995 Amount.--Of the total amount
authorized to be appropriated in section 301 for Defense-wide
activities, $30,159,000 is available for the purposes of
conducting counterproliferation activities.
(b) Restriction.--None of the amount specified in
subsection (a) may be obligated until 15 days after the date
on which the Secretary of Defense submits to the
congressional committees named in section 1607(1) of Public
Law 103-160 a report setting forth--
(1) a description of all of the activities within the
Department of Defense that are being carried out or are to be
carried out for the purposes stated in section 1603 of the
National Defense Authorization Act for Fiscal Year 1994 (22
U.S.C. 5859a; 107 Stat. 1843);
(2) the plan for coordinating and integrating those
activities within the Department of Defense;
(3) the plan for coordinating and integrating those
activities with those of other Federal agencies; and
(4) the sources of the funds to be used for such purposes.
SEC. 1214. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF
PREVIOUSLY REQUIRED REPORT.
(a) Limitation.--Of the total amount specified in section
1213(a) for counterproliferation activities for fiscal year
1995, $2,000,000 shall be withheld from obligation until the
report described in subsection (b) has been submitted to
Congress.
(b) Report.--The report referred to in subsection (a) is
the report required to be submitted to Congress not later
than May 30, 1994, pursuant to section 1422 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1829).
Page 414, after line 4, insert the following new section:
SEC. 3155. RELEASE OF CERTAIN RESTRICTED DATA.
Subsection (f) of section 142 of the Atomic Energy Act of
1954 (42 U.S.C. 2162(f)) is amended by adding at the end the
following: ``This subsection does not preclude the President
from releasing to a degree and in a manner which is more
limited than a public release of such data any Restricted
Data which is exchanged with a member state of the
Commonwealth of Independent States pursuant to a bilateral
exchange of such data.''.
Amendment offered by Mr. Spence: At the end of subtitle E
of title III (page 83, after line 8), insert the following
new section:
SEC. 355. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT OF DEFENSE
DOMESTIC ELEMENTARY AND SECONDARY SCHOOLS.
(a) Authority.--Section 2605 of title 10, United States
Code, is amended--
(1) by striking out ``the defense dependents' education
system provided for under the Defense Dependents' Education
Act of 1978 (20 U.S.C. 921 et seq.)'' in subsection (a) and
inserting in lieu thereof ``a defense dependents' school'';
and
(2) by striking out ``the defense dependent's education
system'' in subsection (b) and inserting in lieu thereof
``defense dependents' schools''.
(b) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(g) In this section, the term `defense dependents'
school' means the following:
``(1) A school established as part of the defense
dependents' education system provided for under the Defense
Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).
``(2) An elementary or secondary school established
pursuant to section 2164 of this title.''.
(c) Clerical Amendment.--(1) The heading of such section is
amended to read as follows:
``Sec. 2605. Acceptance of gifts for defense dependents'
schools''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 155 of such title is
amended to read as follows:
``2605. Acceptance of gifts for defense dependents' schools.''.
Amendment offered by Mr. Abercrombie: At the end of
subtitle F of title I (page 25, after line 4 insert the
following new section:
SEC. 165. OPERATION OF SEALIFT VESSELS FOR WHICH ASSISTANCE
IS PROVIDED THROUGH NATIONAL DEFENSE SEALIFT
FUND.
Section 2218(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) A vessel that is constructed, altered, converted,
purchased, operated, maintained, leased, or chartered with
funds in the National Defense Sealift Fund pursuant to
subsection (c)(1)--
``(i) may not be operated or maintained directly by the
Department of Defense or Department of Transportation; and
``(ii) may not be crewed by employees of the United States.
``(B) Operation and maintenance of any such vessel with
funds in the National Defense Sealift Fund (including
retention of the vessel in reduced operating status) shall be
conducted using private operating companies employing only
merchant mariners on board such vessel who are United States
citizens. To the extent possible, preference in employing
such mariners shall be given to otherwise qualified former or
retired military personnel who are released from active duty
as a result of the downsizing of the armed forces.
``(C) Subparagraphs (A) and (B) do not apply during time of
war or national emergency declared by the President or the
Congress if the Secretary of Defense certifies that no
qualified private contractor or private sector merchant
mariners are available to operate the vessel.
``(D) Nothing in this paragraph shall be construed to--
``(i) require the separation by reduction in force of any
employee of the United States who, on the date of the
enactment of this paragraph, is employed as a crewmember on a
vessel described in subparagraph (A); or
``(ii) restrict the ability to embark military detachments
to operate special equipment.''.
Amendment offered by Ms. Shepherd: At the end of title X
(page 277, after line 2), insert the following new section:
SEC. . TRANSPORTATION OF CHEMICAL MUNITIONS.
(a) Prohibition of Transportation Across State Lines.--The
Secretary of Defense may not transport any chemical munition
that constitutes part of the chemical weapons stockpile out
of the State in which that munition is located on the date of
the enactment of this Act and, in the case of any such
chemical munition not located in a State on the date of the
enactment of this Act, may not transport any such munition
into a State.
(b) Transportation of Chemical Munitions Not in Chemical
Weapons Stockpile.--If it is considered necessary, the
Secretary of Defense may transport to the nearest chemical
munitions stockpile storage facility that has necessary
permits for receiving and storing such items any chemical
munitions that are discovered or otherwise come within the
control of the Department of Defense and that do not
constitute part of the chemical weapons stockpile, if the
transportation of those munitions to that facility can be
accomplished while protecting public health and safety.
Amendment offered by Mr. Klink: At the end of subtitle F of
title III (page 111, after line 10), insert the following new
section:
SEC. . AUTHORITY TO TRANSFER CERTAIN EXCESS PROPERTY TO
EDUCATIONAL INSTITUTIONS AND TRAINING SCHOOLS.
Notwithstanding title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)
and any other provision of law, the Secretary of Defense may,
until January 1, 1997, authorize the transfer, on a
nonreimbursable basis, of any property described in section
2535 of title 10, United States Code, to any nonprofit
educational institution or training school whenever the
program proposed by such institution or school for the use of
such property is in the public interest.
Amendment offered by Mr. McCurdy: At the end of subtitle B
of title II (page 42, after line 5), insert the following new
section:
SEC. . ARROW/ACES PROGRAM.
Of the amount provided in section 201 for Defensewide
activities, $52,400,000 is available for the Arrow/ACES
program.
Amendment offered by Mr. Skelton: At the end of subtitle B
of title V (page 128, after line 20), insert the following
new section:
SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF ACTIVE ARMY
OFFICERS.
Section 1111 of the Army National Guard Combat Readiness
Reform Act of 1992 (title XI of Public Law 102-484; 106 Stat.
2536) is amended by adding at the end the following new
subsection:
``(e) On a semiannual basis, the Secretary of the Army
shall furnish to the Chief of the National Guard Bureau a
list containing the name, home of record, and last-known
mailing address of each officer of the Army who during the
previous six months was honorably separated from active
service in the grade of major or below.''.
Amendment offered by Mr. Deutsch: At the end of title VII
(page 208, after line 7), insert the following new section:
SEC. 725. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF
DEFENSE.
(a) Number of Doses Maintained in Inventory.--The Secretary
of Defense shall direct that the number of doses of oral
typhoid vaccine maintained in inventory by the Department of
Defense during a fiscal year is not less than the number of
doses of parenteral injection typhoid vaccine maintained in
inventory by the Department during that fiscal year.
(b) Waiver.--The Secretary of Defense may waive the
applicability of subsection (a) for a fiscal year if the
Secretary determines that the waiver is necessary for reasons
of national security and notifies Congress of the reasons for
the waiver.
Amendment offered by Mr. Hunter: In subsection (d) of the
amendment made by section 322 (page 59, line 24), strike out
``by non-Federal Government personnel''.
In subsection (d)(4) of the amendment made by section 322
(page 60, lines 8 and 9), strike out ``by a contractor to a
depot''.
Amendment offered by Mr. Bereuter: At the end of title X
(page 277, after line 2) add the following:
SEC. 1038. FINDINGS AND SENSE OF CONGRESS CONCERNING THE
NORTH ATLANTIC TREATY ORGANIZATION.
(a) Findings.--The Congress makes the following findings:
(1) The North Atlantic Treaty Organization has served as a
bulwark of peace, security, and democracy for the United
States and the members of the alliance since 1949.
(2) The unswerving resolve of the member states of the
North Atlantic Treaty Organization to mutual defense against
the threat of communist aggression was central to the demise
of the Warsaw Pact.
(3) The North Atlantic Treaty Organization is the most
successful international security organization in history,
and is well suited to help marshal our cooperative political,
diplomatic, economic, and humanitarian efforts, buttressed by
credible military capability aimed at deterring conflict, and
thus contributing to international peace and security.
(4) The threat of instability in Eastern and Central
Europe, as well as in the Southern and Eastern Mediterranean,
continues to pose a fundamental challenge to the interests of
the member states of the North Atlantic Treaty Organization.
(5) North Atlantic Treaty Organization assets have been
deployed in recent years for more than the territorial
defense of alliance members; and the Rome Summit of October
1991 adopted a new strategic concept for the North Atlantic
Treaty Organization that entertained the possibility of
operations beyond the alliance's self-defense area.
(6) In Oslo in July 1992, and in Brussels in December 1992,
the alliance embraced the deployment of North Atlantic Treaty
Organization forces to peacekeeping operations under the
auspices of the United Nations or the Conference on Security
and Cooperation in Europe.
(7) The North Atlantic Treaty Organization should attempt
to cooperate with and seek a mandate from international
organizations such as the United Nations when considering
responses to out of area crises.
(8) Not all members of the international community share a
commonality of interests that would ensure timely action by
the United Nations Security Council.
(9) The security interests of the member countries of the
North Atlantic Treaty Organization must not be held hostage
to indecision at the United Nations or a veto by a permanent
member of the Security Council.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) it should be the policy of the United States that the
North Atlantic Treaty Organization retains the right of
autonomy of action regarding missions in addition to
collective defense should the United Nations Security Council
or the Conference on Security and Cooperation in Europe fail
to act;
(2) while it is desirable to work with other international
organizations and arrangements where feasible in dealing with
threats to the peace, the North Atlantic Treaty Organization
is not an auxiliary to the United Nations or other
organization; and
(3) ultimately the member states of the North Atlantic
Treaty Organization reserve the right to act in defense of
their vital interests independent of decisions by any
international organization or arrangement.
Amendment offered by Mr. Solomon: At the end of title X
(page , after line ), insert the following new section:
SEC. 1038. REPORT ON STATUS OF DEFENSE RANDOM DRUG TESTING
PROGRAM.
Not later than six months after the date of the enactment
of this Act, the Secretary of Defense shall submit a report
to Congress describing the policy and procedures under which
the Armed Forces conduct random drug testing of members of
the Armed Forces, the frequency of such testing, and the
number of members annually required to submit to such
testing. The report shall describe any changes that were made
or proposed to be made to such policy or procedures or to the
frequency of such testing during the one-year period ending
on the date of the enactment of this Act.
Amendment, as modified offered by Mr. Montgomery: In lieu
of the text of H.R. 1040, as passed the House on May 11,
1993, insert at the end of division A (page 308, after line
24), a new title XII as follows:
TITLE XII--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Reserve Officer Personnel
Management Act''.
SEC. 1202. REFERENCES TO TITLE 10, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 10, United States Code.
Subtitle A--Reserve Officer Personnel Management
PART I--REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM
SEC. 1211. PROMOTION AND RETENTION OF RESERVE OFFICERS.
Title 10, United States Code, is amended by adding at the
end the following new subtitle:
``Subtitle E--Reserve Components
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap. Sec.
``1001. Definitions...........................................10001....
``1003. Reserve Components Generally..........................10101....
``1005. Elements of Reserve Components........................10141....
``1007. Administration of Reserve Components..................10201....
``1009. Reserve Forces Policy Boards and Committees...........10301....
``1011. National Guard Bureau.................................10501....
``1013. Budget Information and Annual Reports to Congress.....10541....
``PART II--PERSONNEL GENERALLY
``1201. Authorized Strengths and Distribution in Grade........12001....
``1203. Enlisted Members......................................12101....
``1205. Appointment of Reserve Officers.......................12201....
``1207. Warrant Officers......................................12241....
``1209. Active Duty...........................................12301....
``1211. National Guard Members in Federal Service.............12401....
``1213. Special Appointments, Assignments, Details, and Duties12501....
``1215. Miscellaneous Pro-
hibitions and Penalties..............................................
[No present sections]
``1217. Miscellaneous Rights and Benefits.....................12601....
``1219. Standards and Procedures for Retention and Promotion..12641....
``1221. Separation............................................12681....
``1223. Retired Pay for Non-Regular Service...................12731....
``1225. Retired Grade.........................................12771....
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``1401. Applicability and Reserve Active-Status Lists.........14001....
``1403. Selection Boards......................................14101....
``1405. Promotions............................................14301....
``1407. Failure of Selection for Promotion and Involuntary Sep14501on..
``1409. Continuation of Officers on the Reserve-Active Status List and
Selective Early Removal...................................14701....
``1411. Additional Provisions Relating to Involuntary Separati14901....
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``1601. Training Generally.............................................
[No present sections]
``1606. Educational Assistance for Members of the Selected Res16131....
``1608. Health Professions Stipend Program....................16201....
``1609. Education Loan Repayments.............................16301....
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``1801. Issue of Serviceable Material
to Reserve Components................................................
[No present sections]
``1803. Facilities for Reserve Components.....................18231....
``1805. Miscellaneous Provisions..............................18501....
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``Chap. Sec.
``1401. Applicability and Reserve Active-Status Lists.............14001
``1403. Selection Boards..........................................14101
``1405. Promotions................................................14301
``1407. Failure of Selection for Promotion and Involuntary Separat14501
``1409. Continuation of Officers on the Reserve Active-Status List and
Selective Early Removal.......................................14701
``1411. Additional Provisions Relating to Involuntary Separation..14901
``CHAPTER 1401--APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS
``Sec.
``14001. Applicability of this part.
``14002. Reserve active-status lists: requirement for each armed force.
``14003. Reserve active-status lists: position of officers on the list.
``14004. Reserve active-status lists: eligibility for Reserve
promotion.
``14005. Competitive categories.
``14006. Determination of years in grade.
``Sec. 14001. Applicability of this part
``This chapter and chapters 1403 through 1411 of this title
apply, as appropriate, to all reserve officers of the Army,
Navy, Air Force, and Marine Corps except warrant officers.
``Sec. 14002. Reserve active-status lists: requirement for
each armed force
``(a) The Secretary of each military department shall
maintain a single list, to be known as the reserve active-
status list, for each armed force under the Secretary's
jurisdiction. That list shall include the names of all
reserve officers of that armed force who are in an active
status other than those on an active-duty list described in
section 620 of this title or warrant officers (including
commissioned warrant officers).
``(b) The reserve active-status list for the Army shall
include officers in the Army Reserve and the Army National
Guard of the United States. The reserve active-status list
for the Air Force shall include officers in the Air Force
Reserve and the Air National Guard of the United States. The
Secretary of the Navy shall maintain separate lists for the
Naval Reserve and the Marine Corps Reserve.
``Sec. 14003. Reserve active-status: position of officers on
the list
``(a) Position on List.--Officers shall be carried on the
reserve active-status list of the armed force of which they
are members in the order of seniority of the grade in which
they are serving in an active status. Officers serving in the
same grade shall be carried in the order of their rank in
that grade.
``(b) Effect on Position Held by Reason of Temporary
Appointment or Assignment.--An officer whose position on the
reserve active-status list results from service under a
temporary appointment or in a grade held by reason of
assignment to a position has, when that appointment or
assignment ends, the grade and position on that list that the
officer would have held if the officer had not received that
appointment or assignment.
``Sec. 14004. Reserve active-status lists: eligibility for
Reserve promotion
``Except as otherwise provided by law, an officer must be
on a reserve active-status list to be eligible under chapter
1405 of this title for consideration for selection for
promotion or for promotion.
``Sec. 14005. Competitive categories
``Each officer whose name appears on a reserve active-
status list shall be placed in a competitive category. The
competitive categories for each armed force shall be
specified by the Secretary of the military department
concerned under regulations prescribed by the Secretary of
Defense. Officers in the same competitive category shall
compete among themselves for promotion.
``Sec. 14006. Determination of years in grade
``For the purpose of chapters 1403 through 1411 of this
title, an officer's years of service in a grade are computed
from the officer's date of rank in grade as determined under
section 741(d) of this title.
``CHAPTER 1403--SELECTION BOARDS
``Sec.
``14101. Convening of selection boards.
``14102. Selection boards: appointment and composition.
``14103. Oath of members.
``14104. Confidentiality of board proceedings.
``14105. Notice of convening of selection board.
``14106. Communication with board by officers under consideration.
``14107. Information furnished by the Secretary concerned to promotion
boards.
``14108. Recommendations by promotion boards.
``14109. Reports of promotion boards: in general.
``14110. Reports of promotion boards: review by Secretary.
``14111. Reports of selection boards: transmittal to President.
``14112. Dissemination of names of officers selected.
``Sec. 14101. Convening of selection boards
``(a) Promotion Boards.--(1) Whenever the needs of the
Army, Navy, Air Force, or Marine Corps require, the Secretary
concerned shall convene a selection board to recommend for
promotion to the next higher grade, under chapter 1405 of
this title, officers on the reserve active-status list of
that armed force in a permanent grade from first lieutenant
through brigadier general or, in the case of the Naval
Reserve, lieutenant (junior grade) through rear admiral
(lower half). A selection board convened under this
subsection shall be known as a `promotion board'.
``(2) A promotion board convened to recommend reserve
officers of the Army or reserve officers of the Air Force for
promotion (A) to fill a position vacancy under section 14315
of this title, or (B) to the grade of brigadier general or
major general, shall (except in the case of a board convened
to consider officers as provided in section 14301(e) of this
title) be known as a `vacancy promotion board'. Any other
promotion board convened under this subsection shall be known
as a `mandatory promotion board'.
``(b) Continuation Boards.--Whenever the needs of the Army,
Navy, Air Force, or Marine Corps require, the Secretary
concerned may convene a selection board to recommend officers
of that armed force--
``(1) for continuation on the reserve active-status list
under section 14701 of this title;
``(2) for selective early removal from the reserve active-
status list under section 14704 of this title; or
``(3) for selective early retirement under section 14705 of
this title.
A selection board convened under this subsection shall be
known as a `continuation board'.
``Sec. 14102. Selection boards: appointment and composition
``(a) Appointment.--Members of selection boards convened
under section 14101 of this title shall be appointed by the
Secretary of the military department concerned in accordance
with this section. Promotion boards and special selection
boards shall consist of five or more officers. Continuation
boards shall consist of three or more officers. All of the
officers of any such selection board shall be of the same
armed force as the officers under consideration by the board.
``(b) Composition.--At least one-half of the members of
such a selection board shall be reserve officers, to include
at least one reserve officer from each reserve component from
which officers are to be considered by the board. Each member
of a selection board must hold a permanent grade higher than
the grade of the officers under consideration by the board,
and no member of a board may hold a grade below major or
lieutenant commander.
``(c) Representation of Competitive Categories.--(1) Except
as provided in paragraph (2), a selection board shall include
at least one officer from each competitive category of
officers to be considered by the board.
``(2) A selection board need not include an officer from a
competitive category to be considered by the board if there
is no officer of that competitive category on the reserve
active-status list or the active-duty list in a permanent
grade higher than the grade of the officers to be considered
by the board and otherwise eligible to serve on the board.
However, in such a case, the Secretary of the military
department concerned, in his discretion, may appoint as a
member of the board a retired officer of that competitive
category who is in the same armed force as the officers under
consideration by the board who holds a higher grade than the
grade of the officers under consideration.
``(d) Prohibition of Service on Consecutive Promotion
Boards.--No officer may be a member of two successive
promotion boards convened under section 14101(a) of this
title for the consideration of officers of the same
competitive category and grade if the second of the two
boards is to consider any officer who was considered and not
recommended for promotion to the next higher grade by the
first of the two boards.
``Sec. 14103. Oath of members
``Each member of a selection board convened under section
14101 of this title shall take an oath to perform the duties
of a member of the board without prejudice or partiality,
having in view both the special fitness of officers and the
efficiency of the member's armed force.
``Sec. 14104. Confidentiality of board proceedings
``Except as otherwise authorized or required by law, the
proceedings of a selection board convened under section 14101
of this title may not be disclosed to any person not a member
of the board.
``Sec. 14105. Notice of convening of promotion board
``(a) Required Notice.--At least 30 days before a promotion
board is convened under section 14101(a) of this title to
consider officers in a grade and competitive category for
promotion to the next higher grade, the Secretary concerned
shall either (1) notify in writing the officers eligible for
consideration by the board for promotion regarding the
convening of the board, or (2) issue a general written notice
to the armed force concerned regarding the convening of the
board.
``(b) Content of Notice.--A notice under subsection (a)
shall include the date on which the board is to convene and
(except in the case of a vacancy promotion board) the name
and date of rank of the junior officer, and of the senior
officer, in the promotion zone as of the date of the notice.
``Sec. 14106. Communication with board by officers under
consideration
``Subject to regulations prescribed by the Secretary of the
military department concerned, an officer eligible for
consideration by a promotion board convened under section
14101(a) of this title who is in the promotion zone or above
the promotion zone, or who is to be considered by a vacancy
promotion board, may send a written communication to the
board calling attention to any matter concerning the officer
which the officer considers important to the officer's case.
Any such communication shall be sent so as to arrive not
later than the date on which the board convenes. The board
shall give consideration to any timely communication under
this section.
``Sec. 14107. Information furnished by the Secretary
concerned to promotion boards
``(a) Integrity of the Promotion Selection Board Process.--
(1) The Secretary of Defense shall prescribe regulations
governing information furnished to selection boards convened
under section 14101(a) of this title. Those regulations shall
apply uniformly among the military departments. Any
regulations prescribed by the Secretary of a military
department to supplement those regulations may not take
effect without the approval of the Secretary of Defense in
writing.
``(2) No information concerning a particular eligible
officer may be furnished to a selection board except for the
following:
``(A) Information that is in the officer's official
military personnel file and that is provided to the selection
board in accordance with the regulations prescribed by the
Secretary of Defense pursuant to paragraph (1).
``(B) Other information that is determined by the Secretary
of the military department concerned, after review by that
Secretary in accordance with standards and procedures set out
in the regulations prescribed by the Secretary of Defense
pursuant to paragraph (1), to be substantiated, relevant
information that could reasonably and materially affect the
deliberations of the promotion board.
``(C) Subject to such limitations as may be prescribed in
those regulations, information communicated to the board by
the officer in accordance with this section, section 14106 of
this title (including any comment on information referred to
in subparagraph (A) regarding that officer), or other
applicable law.
``(D) A factual summary of the information described in
subparagraphs (A), (B), and (C) that, in accordance with the
regulations prescribed pursuant to paragraph (1) is prepared
by administrative personnel for the purpose of facilitating
the work of the selection board.
``(3) Information provided to a promotion board in
accordance with paragraph (2) shall be made available to all
members of the board and shall be made a part of the record
of the board. Communication of such information shall be in a
written form or in the form of an audio or video recording.
If a communication is in the form of an audio or video
recording, a written transcription of the recording shall
also be made a part of the record of the promotion board.
``(4) Paragraphs (2) and (3) do not apply to the furnishing
of appropriate administrative processing information to the
promotion board by an administrative staff designated to
assist the board, but only to the extent that oral
communications are necessary to facilitate the work of the
board.
``(5) Information furnished to a promotion board that is
described in subparagraph (B), (C), or (D) of paragraph (2)
may not be furnished to a later promotion board unless--
``(A) the information has been properly placed in the
official military personnel file of the officer concerned; or
``(B) the information is provided to the later selection
board in accordance with paragraph (2).
``(6)(A) Before information described in paragraph (2)(B)
regarding an eligible officer is furnished to a selection
board, the Secretary of the military department concerned
shall ensure--
``(i) that such information is made available to such
officer; and
``(ii) that the officer is afforded a reasonable
opportunity to submit comments on that information to the
promotion board.
``(B) If an officer cannot be given access to the
information referred to in subparagraph (A) because of its
classification status, the officer shall, to the maximum
extent practicable, be furnished an appropriate summary of
the information.
``(b) Information To Be Furnished.--The Secretary of the
military department concerned shall furnish to a promotion
board convened under section 14101(a) of this title the
following:
``(1) In the case of a mandatory promotion board, the
maximum number (as determined in accordance with section
14307 of this title) of officers in each competitive category
under consideration that the board is authorized to recommend
for promotion to the next higher grade.
``(2) The name of each officer in each competitive category
under consideration who is to be considered by the board for
promotion.
``(3) The pertinent records (as determined by the
Secretary) of each officer whose name is furnished to the
board.
``(4) Information or guidelines relating to the needs of
the armed force concerned for officers having particular
skills, including (except in the case of a vacancy promotion
board) guidelines or information relating to either a minimum
number or a maximum number of officers with particular skills
within a competitive category.
``(5) Such other information or guidelines as the Secretary
concerned may determine to be necessary to enable the board
to perform its functions.
``(c) Limitation on Modifying Furnished Information.--
Information or guidelines furnished to a selection board
under subsection (a) may not be modified, withdrawn, or
supplemented after the board submits its report to the
Secretary of the military department concerned pursuant to
section 14109(a) of this title. However, in the case of a
report returned to a board pursuant to section 14110(a) of
this title for further proceedings because of a determination
by the Secretary of the military department concerned that
the board acted contrary to law, regulation, or guidelines,
the Secretary may modify, withdraw, or supplement such
information or guidelines as part of a written explanation to
the board as provided in that section.
``(d) Officers in Health-Professions Competitive
Categories.--The Secretary of each military department, under
uniform regulations prescribed by the Secretary of Defense,
shall include in guidelines furnished to a promotion board
convened under section 14101(a) of this title that is
considering officers in a health-professions competitive
category for promotion to a grade below colonel or, in the
case of officers of the Naval Reserve, captain, a direction
that the board give consideration to an officer's clinical
proficiency and skill as a health professional to at least as
great an extent as the board gives to the officer's
administrative and management skills.
``Sec. 14108. Recommendations by promotion boards
``(a) Recommendation of Best Qualified Officers.--A
promotion board convened under section 14101(a) of this title
shall recommend for promotion to the next higher grade those
officers considered by the board whom the board considers
best qualified for promotion within each competitive category
considered by the board or, in the case of a vacancy
promotion board, among those officers considered to fill a
vacancy. In determining those officers who are best qualified
for promotion, the board shall give due consideration to the
needs of the armed force concerned for officers with
particular skills (as noted in the guidelines or information
furnished the board under sections 14107 of this title).
``(b) Majority Required.--A promotion board convened under
section 14101(a) of this title may not recommend an officer
for promotion unless--
``(1) the officer receives the recommendation of a majority
of the members of the board; and
``(2) a majority of the members of the board finds that the
officer is fully qualified for promotion.
``(c) Board Recommendation Required for Promotion.--Except
as otherwise provided by law, an officer on the reserve
active-status list may not be promoted to a higher grade
under chapter 1405 of this title unless the officer is
considered and recommended for promotion to that grade by a
promotion board convened under section 14101(a) of this title
(or by a special selection board convened under section 14502
of this title).
``(d) Disclosure of Board Recommendations.--The
recommendations of a promotion board may be disclosed only in
accordance with regulations prescribed by the Secretary of
Defense. Those recommendations may not be disclosed to a
person not a member of the board (or a member of the
administrative staff designated by the Secretary concerned to
assist the board) until the written report of the
recommendations of the board, required by section 14109 of
this title, is signed by each member of the board.
``(e) Prohibition of Coercion and Unauthorized Influence of
Actions of Board Members.--The Secretary convening a
promotion board under section 14101(a) of this title, and an
officer or other official exercising authority over any
member of a selection board, may not--
``(1) censure, reprimand, or admonish the selection board
or any member of the board with respect to the
recommendations of the board or the exercise of any lawful
function within the authorized discretion of the board; or
``(2) attempt to coerce or, by any unauthorized means,
influence any action of a promotion board or any member of a
promotion board in the formulation of the board's
recommendations.
``Sec. 14109. Reports of promotion boards: in general
``(a) Report of Officers Recommended for Promotion.--Each
promotion board convened under section 14101(a) of this title
shall submit to the Secretary of the military department
concerned a report in writing containing a list of the names
of the officers recommended by the board for promotion. The
report shall be signed by each member of the board.
``(b) Certification.--Each report under subsection (a)
shall include a certification--
``(1) that the board has carefully considered the record of
each officer whose name was furnished to the board; and
``(2) that, in the case of a promotion board convened under
section 14101(a) of this title, in the opinion of a majority
of the members of the board, the officers recommended for
promotion by the board are best qualified for promotion to
meet the needs of the armed force concerned (as noted in the
guidelines or information furnished the board under section
14107 of this title) among those officers whose names were
furnished to the selection board.
``(c) Show-Cause Recommendations.--(1) A promotion board
convened under section 14101(a) of this title shall include
in its report to the Secretary concerned the name of any
reserve officer before it for consideration for promotion
whose record, in the opinion of a majority of the members of
the board, indicates that the officer should be required to
show cause for retention in an active status.
``(2) If such a report names an officer as having a record
which indicates that the officer should be required to show
cause for retention, the Secretary concerned may provide for
the review of the record of that officer as provided under
regulations prescribed under section 14902 of this title.
``Sec. 14110. Reports of promotion boards: review by
Secretary
``(a) Review of Report.--Upon receipt of the report of a
promotion board submitted under section 14109(a) of this
title, the Secretary of the military department concerned
shall review the report to determine whether the board has
acted contrary to law or regulation or to guidelines
furnished the board under section 14107(a) of this title.
Following that review, unless the Secretary concerned makes a
determination as described in subsection (b), the Secretary
shall submit the report as required by section 14111 of this
title.
``(b) Return of Report for Further Proceedings.--If, on the
basis of a review of the report under subsection (a), the
Secretary of the military department concerned determines
that the board acted contrary to law or regulation or to
guidelines furnished the board under section 14107(a) of this
title, the Secretary shall return the report, together with a
written explanation of the basis for such determination, to
the board for further proceedings. Upon receipt of a report
returned by the Secretary concerned under this subsection,
the selection board (or a subsequent selection board convened
under section 14101(a) of this title for the same grade and
competitive category) shall conduct such proceedings as may
be necessary in order to revise the report to be consistent
with law, regulation, and such guidelines and shall resubmit
the report, as revised, to the Secretary in accordance with
section 14109 of this title.
``Sec. 14111. Reports of selection boards: transmittal to
President
``(a) Transmittal to President.--The Secretary concerned,
after final review of the report of a selection board under
section 14110 of this title, shall submit the report with the
Secretary's recommendations, to the Secretary of Defense for
transmittal by the Secretary to the President for approval or
disapproval. If the authority of the President to approve or
disapprove the report of a promotion board is delegated to
the Secretary of Defense, that authority may not be
redelegated except to an official in the Office of the
Secretary of Defense.
``(b) Removal of Name From Board Report.--The name of an
officer recommended for promotion by a selection board may be
removed from the report of the selection board only by the
President.
``(c) Recommendations for Removal of Selected Officers From
Report.--If the Secretary of a military department or the
Secretary of Defense makes a recommendation under this
section that the name of an officer be removed from the
report of a promotion board and the recommendation is
accompanied by information that was not presented to that
promotion board, that information shall be made available to
that officer. The officer shall then be afforded a reasonable
opportunity to submit comments on that information to the
officials making the recommendation and the officials
reviewing the recommendation. If an eligible officer cannot
be given access to such information because of its
classification status, the officer shall, to the maximum
extent practicable, be provided with an appropriate summary
of the information.
``Sec. 14112. Dissemination of names of officers selected
``Upon approval by the President of the report of a
promotion board, the names of the officers recommended for
promotion by the promotion board (other than any name removed
by the President) may be disseminated to the armed force
concerned. If those names have not been sooner disseminated,
those names (other than the name of any officer whose
promotion the Senate failed to confirm) shall be promptly
disseminated to the armed force concerned upon confirmation
by the Senate.
``CHAPTER 1405--PROMOTIONS
``Sec.
``14301. Eligibility for consideration for promotion: general rules.
``14302. Promotion zones.
``14303. Eligibility for consideration for promotion: minimum years of
service in grade.
``14304. Eligibility for consideration for promotion: maximum years of
service in grade.
``14305. Establishment of promotion zones: mandatory consideration for
promotion.
``14306. Establishment of promotion zones: Naval Reserve and Marine
Corps Reserve running mate system.
``14307. Numbers of officers to be recommended for promotion.
``14308. Promotions: how made.
``14309. Acceptance of promotion: oath of office.
``14310. Removal of officers from a list of officers recommended for
promotion.
``14311. Delay of promotion: involuntary.
``14312. Delay of promotion: voluntary.
``14313. Authority to vacate promotions to grade of brigadier general
or rear admiral (lower half).
``14314. Army and Air Force commissioned officers: generals ceasing to
occupy positions commensurate with grade; state adjutants
general.
``14315. Position vacancy promotions: Army and Air Force officers.
``14316. Army National Guard and Air National Guard: appointment to and
Federal recognition in a higher reserve grade after
selection for promotion.
``14317. Officers in transition to and from the active-status list or
active-duty list.
``Sec. 14301. Eligibility for consideration for promotion:
general rules
``(a) One-Year Rule.--An officer is eligible under this
chapter for consideration for promotion by a promotion board
convened under section 14101(a) of this title only if--
``(1) the officer is on the reserve active-status list of
the Army, Navy, Air Force, or Marine Corps; and
``(2) during the one-year period ending on the date of the
convening of the promotion board the officer has continuously
performed service on either the reserve active-status list or
the active-duty list (or on a combination of both lists).
``(b) Requirement for Consideration of All Officers In and
Above the Zone.--Whenever a promotion board (other than a
vacancy promotion board) is convened under section 14101(a)
of this title for consideration of officers in a competitive
category who are eligible under this chapter for
consideration for promotion to the next higher grade, each
officer in the promotion zone, and each officer above the
promotion zone, for that grade and competitive category shall
be considered for promotion.
``(c) Previously Selected Officers Not Eligible To Be
Considered.--A promotion board convened under section
14101(a) of this title may not consider for promotion to the
next higher grade--
``(1) an officer whose name is on a promotion list for that
grade as a result of recommendation for promotion to that
grade by an earlier selection board convened under that
section or section 14502 of this title or under chapter 36 of
this title;
``(2) an officer who has been approved for Federal
recognition by a board convened under section 307 of title 32
and nominated by the President for promotion to the next
higher grade as a reserve of the Army or of the Air Force as
the case may be; or
``(3) an officer who has been nominated by the President
for promotion to the next higher grade under any other
provision of law.
``(d) Officers Below the Zone.--The Secretary of the
military department concerned may, by regulation, prescribe
procedures to limit the officers to be considered by a
selection board from below the promotion zone to those
officers who are determined to be exceptionally well
qualified for promotion. The regulations shall include
criteria for determining which officers below the promotion
zone are exceptionally well qualified for promotion.
``(e) Reserve Officers of the Army; Consideration for
Brigadier General and Major General.--In the case of officers
of the Army, if the Secretary of the Army determines that
vacancies are authorized or anticipated in the reserve grades
of major general or brigadier general for officers who are on
the reserve active-status list and who are not assigned to
units organized to serve as a unit and the Secretary convenes
a mandatory promotion board under section 14101(a) of this
title to consider officers for promotion to fill such
vacancies, the Secretary may limit the officers to be
considered by that board to those determined to be
exceptionally well qualified for promotion under such
criteria and procedures as the Secretary may by regulation
prescribe.
``(f) Certain Reserve Officers of the Air Force.--A reserve
officer of the Air Force who (1) is in the Air National Guard
of the United States and holds the grade of lieutenant
colonel, colonel, or brigadier general, or (2) is in the Air
Force Reserve and holds the grade of colonel or brigadier
general, is not eligible for consideration for promotion by a
mandatory promotion board convened under section 14101(a) of
this title.
``(g) Nonconsideration of Officers Scheduled for Removal
From Reserve Active-Status List.--The Secretary of the
military department concerned may, by regulation, provide for
the exclusion from consideration for promotion by a promotion
board of any officer otherwise eligible to be considered by
the board who has an established date for removal from the
reserve active-status list that is not more than 90 days
after the date on which the selection board for which the
officer would otherwise be eligible is to be convened.
``Sec. 14302. Promotion zones
``(a) Promotion Zones Generally.--For purposes of this
chapter, a promotion zone is an eligibility category for the
consideration of officers by a mandatory promotion board. A
promotion zone consists of those officers on the reserve
active-status list who are in the same grade and competitive
category and who meet the requirements of both paragraphs (1)
and (2) or the requirements of paragraph (3), as follows:
``(1)(A) In the case of officers in grades below colonel,
for reserve officers of the Army, Air Force, and Marine
Corps, or captain, for officers of the Naval Reserve, those
who have neither (i) failed of selection for promotion to the
next higher grade, nor (ii) been removed from a list of
officers recommended for promotion to that grade.
``(B) In the case of officers in the grade of colonel or
brigadier general, for reserve officers of the Army and
Marine Corps, or in the grade of captain or rear admiral
(lower half), for reserve officers of the Navy, those who
have neither (i) been recommended for promotion to the next
higher grade when considered in the promotion zone, nor (ii)
been removed from a list of officers recommended for
promotion to that grade.
``(2) Those officers who are senior to the officer
designated by the Secretary of the military department
concerned to be the junior officer in the promotion zone
eligible for consideration for promotion to the next higher
grade and the officer so designated.
``(3) Those officers who--
``(A) have been selected from below the zone for promotion
to the next higher grade or by a vacancy promotion board, but
whose names were removed from the list of officers
recommended for promotion to that next higher grade resulting
from that selection;
``(B) have not failed of selection for promotion to that
next higher grade; and
``(C) are senior to the officer designated by the Secretary
of the military department concerned to be the junior officer
in the promotion zone eligible for consideration for
promotion to that next higher grade and the officer so
designated.
``(b) Officers Above the Zone.--Officers on the reserve
active-status list are considered to be above the promotion
zone for a grade and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are senior to the senior officer in the promotion
zone for that competitive category.
``(c) Officers Below the Zone.--Officers on the reserve
active-status list are considered to be below the promotion
zone for a grade and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are junior to the junior officer in the promotion
zone for that competitive category.
``Sec. 14303. Eligibility for consideration for promotion:
minimum years of service in grade
``(a) Officers in Pay Grades O-1 and O-2.--An officer who
is on the reserve active-status list of the Army, Navy, Air
Force, or Marine Corps and holds a permanent appointment in
the grade of second lieutenant or first lieutenant as a
reserve officer of the Army, Air Force, or Marine Corps, or
in the grade of ensign or lieutenant (junior grade) as a
reserve officer of the Navy, may not be promoted to the next
higher grade, or granted Federal recognition in that grade,
until the officer has completed the following years of
service in grade:
``(1) Eighteen months, in the case of an officer holding a
permanent appointment in the grade of second lieutenant or
ensign.
``(2) Two years, in the case of an officer holding a
permanent appointment in the grade of first lieutenant or
lieutenant (junior grade).
``(b) Officers in Pay Grades O-3 and Above.--Subject to
subsection (d), an officer who is on the reserve active-
status list of the Army, Air Force, or Marine Corps and holds
a permanent appointment in a grade above first lieutenant, or
who is on the reserve active-status list of the Navy in a
grade above lieutenant (junior grade), may not be considered
for selection for promotion to the next higher grade, or
examined for Federal recognition in the next higher grade,
until the officer has completed the following years of
service in grade:
``(1) Three years, in the case of an officer of the Army,
Air Force, or Marine Corps holding a permanent appointment in
the grade of captain, major, or lieutenant colonel or in the
case of a reserve officer of the Navy holding a permanent
appointment in the grade of lieutenant, lieutenant commander,
or commander.
``(2) One year, in the case of an officer of the Army, Air
Force, or Marine Corps holding a permanent appointment in the
grade of colonel or brigadier general or in the case of a
reserve officer of the Navy holding a permanent appointment
in the grade of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or
assistant adjutant general of a State or to an appointment in
a higher grade which is based upon a specific provision of
law.
``(c) Authority To Lengthen Minimum Period in Grade.--The
Secretary concerned may prescribe a period of service in
grade for eligibility for promotion, in the case of officers
to whom subsection (a) applies, or for eligibility for
consideration for promotion, in the case of officers to whom
subsection (b) applies, that is longer than the applicable
period specified in that subsection.
``(d) Waivers To Ensure Two Below-the-Zone
Considerations.--Subject to section 14307(b) of this title,
the Secretary of the military department concerned may waive
subsection (b) to the extent necessary to ensure that
officers described in paragraph (1) of that subsection have
at least two opportunities for consideration for promotion to
the next higher grade as officers below the promotion zone.
``Sec. 14304. Eligibility for consideration for promotion:
maximum years of service in grade
``(a) Consideration for Promotion Within Specified Times.--
(1) Officers described in paragraph (3) shall be placed in
the promotion zone for that officer's grade and competitive
category, and shall be considered for promotion to the next
higher grade by a promotion board convened under section
14101(a) of this title, far enough in advance of completing
the years of service in grade specified in the following
table so that, if the officer is recommended for promotion,
the promotion may be effective on or before the date on which
the officer will complete those years of service.
Maximum years of
``Current Grade service in grade
``First lieutenant or Lieutenant (junior grade).............5 years
``Captain or Navy Lieutenant................................7 years
``Major or Lieutenant commander.............................7 years
``(2) Paragraph (1) is subject to subsections (a), (b), and
(c) of section 14301 of this title and applies without regard
to vacancies.
``(3) Paragraph (1) applies to an officer who is on the
reserve active-status list of the Army, Navy, Air Force, or
Marine Corps and who holds a permanent appointment in the
grade of first lieutenant, captain, or major as a reserve of
the Army, Air Force, or Marine Corps, or to an officer on the
reserve active-status list of the Navy in the grade of
lieutenant (junior grade), lieutenant, or lieutenant
commander as a reserve of the Navy, and who, while holding
that appointment, has not been considered by a selection
board convened under section 14101(a) or 14502 of this title
for promotion to the next higher grade.
``(b) Promotion Date.--An officer holding a permanent grade
specified in the table in subsection (a) who is recommended
for promotion to the next higher grade by a selection board
the first time the officer is considered for promotion while
in or above the promotion zone and who is placed on an
approved promotion list established under section 14308(a) of
this title shall (if not promoted sooner or removed from that
list by the President or by reason of declination) be
promoted, without regard to the existence of a vacancy, on
the date on which the officer completes the maximum years of
service in grade specified in subsection (a). The preceding
sentence is subject to the limitations of section 12011 of
this title.
``(c) Waiver Authority for Navy and Marine Corps Running
Mate System.--If the Secretary of the Navy establishes
promotion zones for officers on the reserve active-status
list of the Navy or the Marine Corps Reserve in accordance
with a running mate system under section 14306 of this title,
the Secretary may waive the requirements of subsection (a) to
the extent the Secretary considers necessary in any case in
which the years of service for promotion, or for
consideration for promotion, within those zones will exceed
the maximum years of service in grade specified in subsection
(a).
``Sec. 14305. Establishment of promotion zones: mandatory
consideration for promotion
``(a) Establishment of Zone.--Before convening a mandatory
promotion board under section 14101(a) of this title, the
Secretary of the military department concerned shall
establish a promotion zone for officers serving in each grade
and competitive category to be considered by the board.
``(b) Number in the Zone.--The Secretary concerned shall
determine the number of officers in the promotion zone for
officers serving in any grade and competitive category from
among officers who are eligible for promotion in that grade
and competitive category under the provisions of sections
14303 and 14304 of this title and who are otherwise eligible
for promotion.
``(c) Factors in Determining Number in the Zone.--The
Secretary's determination under subsection (b) shall be made
on the basis of an estimate of the following:
``(1) The number of officers needed in that competitive
category in the next higher grade in each of the next five
years.
``(2) In the case of a promotion zone for officers to be
promoted to a grade to which the maximum years of in grade
criteria established in section 14304 of this title apply,
the number of officers in that competitive category who are
required to be considered for selection for promotion to the
next higher grade under that section.
``(3) The number of officers that should be placed in the
promotion zone in each of the next five years to provide to
officers in those years relatively similar opportunities for
promotion.
``Sec. 14306. Establishment of promotion zones: Naval Reserve
and Marine Corps Reserve running mate system
``(a) Authority of Secretary of the Navy.--The Secretary of
the Navy may by regulation implement section 14305 of this
title by requiring that the promotion zone for consideration
of officers on the reserve active-status list of the Navy or
the Marine Corps for promotion to the next higher grade be
determined in accordance with a running mate system as
provided in subsection (b).
``(b) Assignment of Running Mates.--An officer to whom a
running mate system applies shall be assigned as a running
mate an officer of the same grade on the active-duty list of
the same armed force. The officer on the reserve active-
status list is in the promotion zone and is eligible for
consideration for promotion to the next higher grade by a
selection board convened under section 14101(a) of this title
when that officer's running mate is in or above the promotion
zone established for that officer's grade under chapter 36 of
this title.
``(c) Consideration of Officers Below the Zone Under a
Running Mate System.--If the Secretary of the Navy authorizes
the selection of officers for promotion from below the
promotion zone in accordance with section 14307 of this
title, the number of officers to be considered from below the
zone may be established through the application of the
running mate system or otherwise as the Secretary determines
to be appropriate to meet the needs of the Navy or Marine
Corps.
``Sec. 14307. Number of officers to be recommended for
promotion
``(a) Determination of Maximum Number.--Before convening a
promotion board under section 14101(a) of this title for a
grade and competitive category (other than a vacancy
promotion board), the Secretary of the military department
concerned, under regulations prescribed by the Secretary of
Defense, shall determine the maximum number of officers in
that grade and competitive category that the board may
recommend for promotion. The Secretary shall make the
determination under the preceding sentence of the maximum
number that may be recommended with a view to having on the
reserve active-status list a sufficient number of officers in
each grade and competitive category to meet the needs of the
armed force concerned for officers on that list. In order to
make that determination, the Secretary shall determine (1)
the number of positions needed to accomplish mission
objectives which require officers of such competitive
category in the grade to which the board will recommend
officers for promotion, (2) the estimated number of officers
needed to fill vacancies in such positions during the period
in which it is anticipated that officers selected for
promotion will be promoted, (3) the number of officers
authorized by the Secretary of the military department
concerned to serve on the reserve active-status list in the
grade and competitive category under consideration, and (4)
any statutory limitation on the number of officers in any
grade or category (or combination thereof) authorized to be
on the reserve active-status list.
``(b) Below-the-Zone Selections.--(1) The Secretary of the
military department concerned may, when the needs of the
armed force concerned require, authorize the consideration of
officers in the grade of captain, major, or lieutenant
colonel on the reserve active-status list of the Army or Air
Force, in a grade above first lieutenant on the reserve
active-status list of the Marine Corps, or in a grade above
lieutenant (junior grade) on the reserve active-status list
of the Navy, for promotion to the next higher grade from
below the promotion zone.
``(2) When selection from below the promotion zone is
authorized, the Secretary shall establish the number of
officers that may be recommended for promotion from below the
promotion zone in each competitive category to be considered.
That number may not exceed the number equal to 10 percent of
the maximum number of officers that the board is authorized
to recommend for promotion in such competitive category,
except that the Secretary of Defense may authorize a greater
number, not to exceed 15 percent of the total number of
officers that the board is authorized to recommend for
promotion, if the Secretary of Defense determines that the
needs of the armed force concerned so require. If the maximum
number determined under this paragraph is less than one, the
board may recommend one officer for promotion from below the
promotion zone.
``(3) The number of officers recommended for promotion from
below the promotion zone does not increase the maximum number
of officers that the board is authorized to recommend for
promotion under subsection (a).
``Sec. 14308. Promotions: how made
``(a) Promotion List.--When the report of a selection board
convened under section 14101(a) or 14502 of this title is
approved by the President, the Secretary of the military
department concerned shall place the names of all officers
selected for promotion within a competitive category on a
single list for that competitive category, to be known as a
promotion list, in the order of seniority of those officers
on the reserve active-status list.
``(b) Promotion; How Made; Order.--(1) Officers on a
promotion list for a competitive category shall be promoted
in the manner specified in section 12203 of this title.
``(2) Officers on a promotion list for a competitive
category shall be promoted to the next higher grade in
accordance with regulations prescribed by the Secretary of
the military department concerned. Except as provided in
section 14311, 14312, or 14502(e) of this title or in
subsection (d) or (e), promotions shall be made in the order
in which the names of officers appear on the promotion list
and after officers previously selected for promotion in that
competitive category have been promoted.
``(3) Officers to be promoted to the grade of first
lieutenant or lieutenant (junior grade) shall be promoted in
accordance with regulations prescribed by the Secretary of
the military department concerned.
``(c) Date of Rank.--(1) The date of rank of an officer
appointed to a higher grade under this section is determined
under section 741(d)(2) of this title.
``(2) Except as specifically authorized by law, a reserve
officer is not entitled to additional pay or allowances if
the effective date of the officer's promotion is adjusted to
reflect a date earlier than the actual date of the officer's
promotion.
``(d) Officers With Running Mates.--An officer to whom a
running mate system applies under section 14306 of this title
and who is selected for promotion is eligible for promotion
to the grade for which selected when the officer who is that
officer's running mate becomes eligible for promotion under
chapter 36 of this title. The effective date of the promotion
of that officer shall be the same as that of the officer's
running mate in the grade to which the running mate is
promoted.
``(e) Army Reserve and Air Force Reserve Promotions To Fill
Vacancies.--Subject to this section and to section 14311(e)
of this title, and under regulations prescribed by the
Secretary of the military department concerned--
``(1) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection
for promotion by a mandatory promotion board convened under
section 14101(a) of this title or a board convened under
section 14502 or chapter 36 of this title may be promoted at
any time to fill a vacancy in a position to which the officer
is assigned; and
``(2) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection
for promotion by a vacancy promotion board convened under
section 14101(a) of this title may be promoted at any time to
fill the vacancy for which the officer was selected.
``(f) Effective Date of Promotion After Federal
Recognition.--The effective date of a promotion of a reserve
commissioned officer of the Army or the Air Force who is
extended Federal recognition in the next higher grade in the
Army National Guard or the Air National Guard under section
307 or 310 of title 32 shall be the date on which such
Federal recognition in that grade is so extended.
``(g) Army and Air Force General Officer Promotions.--A
reserve officer of the Army who is on a promotion list for
promotion to the grade of brigadier general or major general
as a result of selection by a vacancy promotion board may be
promoted to that grade only to fill a vacancy in that grade
in a unit of the Army Reserve that is organized to serve as a
unit and that has attained the strength prescribed by the
Secretary of the Army. A reserve officer of the Air Force who
is on a promotion list for promotion to the grade of
brigadier general or major general as a result of selection
by a vacancy promotion board may be promoted to that grade
only to fill a vacancy in the Air Force Reserve in that
grade.
``Sec. 14309. Acceptance of promotion; oath of office
``(a) Acceptance.--An officer who is appointed to a higher
grade under this chapter shall be considered to have accepted
the appointment on the date on which the appointment is made
unless the officer expressly declines the appointment or is
granted a delay of promotion under section 14312 of this
title.
``(b) Oath.--An officer who has served continuously since
taking the oath of office prescribed in section 3331 of title
5 is not required to take a new oath upon appointment to a
higher grade under this chapter.
``Sec. 14310. Removal of officers from a list of officers
recommended for promotion
``(a) Removal by President.--The President may remove the
name of any officer from a promotion list at any time before
the date on which the officer is promoted.
``(b) Removal for Withholding of Senate Advice and
Consent.--If the Senate does not give its advice and consent
to the appointment to the next higher grade of an officer
whose name is on a list of officers approved by the President
for promotion (except in the case of promotions to a reserve
grade to which appointments may be made by the President
alone), the name of that officer shall be removed from the
list.
``(c) Continued Eligibility for Promotion.--An officer
whose name is removed from a list under subsection (a) or (b)
continues to be eligible for consideration for promotion. If
that officer is recommended for promotion by the next
selection board convened for that officer's grade and
competitive category and the officer is promoted, the
Secretary of the military department concerned may, upon the
promotion, grant the officer the same date of rank, the same
effective date for the pay and allowances of the grade to
which promoted, and the same position on the reserve active-
status list, as the officer would have had if the officer's
name had not been removed from the list.
``Sec. 14311. Delay of promotion: involuntary
``(a) Delay During Investigations and Proceedings.--(1)
Under regulations prescribed by the Secretary of the military
department concerned, the appointment of an officer to a
higher grade may be delayed if any of the following applies
before the date on which the appointment would otherwise be
made:
``(A) Sworn charges against the officer have been received
by an officer exercising general court-martial jurisdiction
over the officer and the charges have not been disposed of.
``(B) An investigation is being conducted to determine
whether disciplinary action of any kind should be brought
against the officer.
``(C) A board of officers has been convened under section
14903 of this title to review the record of the officer.
``(D) A criminal proceeding in a Federal or State court of
competent jurisdiction is pending against the officer.
``(2) If disciplinary action is not taken against the
officer, if the charges against the officer are withdrawn or
dismissed, if the officer is not separated by the Secretary
of the military department concerned as the result of having
been required to show cause for retention, or if the officer
is acquitted of the charges, as the case may be, then (unless
action to delay the officer's appointment to the higher grade
has been taken under subsection (b)) the officer shall be
retained on the promotion list, list of officers found
qualified for Federal recognition, or list of officers
nominated by the President to the Senate for appointment in a
higher reserve grade and shall, upon promotion to the next
higher grade, have the same date of rank, the same effective
date for the pay and allowances of the grade to which
promoted, and the same position on the reserve active-status
list as the officer would have had if no delay had
intervened, unless the Secretary concerned determines that
the officer was unqualified for promotion for any part of the
delay. If the Secretary makes such a determination, the
Secretary may adjust such date of rank, effective date of pay
and allowances, and position on the reserve active-status
list as the Secretary considers appropriate under the
circumstances.
``(b) Delay for Lack of Qualifications.--Under regulations
prescribed by the Secretary of the military department
concerned, the appointment of an officer to a higher grade
may also be delayed if there is cause to believe that the
officer is mentally, physically, morally, or professionally
unqualified to perform the duties of the grade to which
selected. If the Secretary concerned later determines that
the officer is qualified for promotion to the higher grade,
the officer shall be retained on the promotion list, the list
of officers found qualified for Federal recognition, or list
of officers nominated by the President to the Senate for
appointment in a higher reserve grade, and shall, upon
promotion to that grade, have the same date of rank, the same
effective date for pay and allowances of that grade, and the
same position on the reserve active-status list as the
officer would have had if no delay had intervened, unless the
Secretary concerned determines that the officer was
unqualified for promotion for any part of the delay. If the
Secretary makes such a determination, the Secretary may
adjust such date of rank, effective date of pay and
allowances, and position on the reserve active-status list as
the Secretary considers appropriate under the circumstances.
``(c) Notice to Officer.--(1) The appointment of an officer
to a higher grade may not be delayed under subsection (a) or
(b) unless the officer is given written notice of the grounds
for the delay. The preceding sentence does not apply if it is
impracticable to give the officer written notice before the
date on which the appointment to the higher grade would
otherwise take effect, but in such a case the written notice
shall be given as soon as practicable.
``(2) An officer whose promotion is delayed under
subsection (a) or (b) shall be given an opportunity to make a
written statement to the Secretary of the military department
concerned in response to the action taken. The Secretary
shall give consideration to any such statement.
``(d) Maximum Length of Delay in Promotion.--The
appointment of an officer to a higher grade may not be
delayed under subsection (a) or (b) for more than six months
after the date on which the officer would otherwise have been
promoted unless the Secretary concerned specifies a further
period of delay. An officer's appointment may not be delayed
more than 90 days after final action has been taken in any
criminal case against the officer in a Federal or State court
of competent jurisdiction or more than 90 days after final
action has been taken in any court-martial case against the
officer. Except for court action, a promotion may not be
delayed more than 18 months after the date on which the
officer would otherwise have been promoted.
``(e) Delay Because of Limitations on Officer Strength in
Grade or Duties to Which Assigned.--(1) Under regulations
prescribed by the Secretary of Defense, the promotion of a
reserve officer on the reserve active-status list who is
serving on active duty, or who is on full-time National Guard
duty for administration of the reserves or the National
Guard, to a grade to which the strength limitations of
section 12011 of this title apply shall be delayed if
necessary to ensure compliance with those strength
limitations. The delay shall expire when the Secretary
determines that the delay is no longer required to ensure
such compliance.
``(2) The promotion of an officer described in paragraph
(1) shall also be delayed while the officer is on duty
described in that paragraph unless the Secretary of the
military department concerned, under regulations prescribed
by the Secretary of Defense, determines that the duty
assignment of the officer requires a higher grade than the
grade currently held by the officer.
``(3) The date of rank and position on the reserve active-
status list of a reserve officer whose promotion to or
Federal recognition in the next higher grade was delayed
under paragraph (1) or (2) solely as the result of the
limitations imposed under the regulations prescribed by the
Secretary of Defense or contained in section 12011 of this
title shall be the date on which the officer would have been
promoted to or recognized in the higher grade had such
limitations not existed.
``(4) If an officer whose promotion is delayed under
paragraph (1) or (2) completes the period of active duty or
full-time National Guard duty that the officer is required by
law or regulation to perform as a member of a reserve
component, the officer may request release from active duty
or full-time National Guard duty. If the request is granted,
the officer's promotion shall be effective upon the officer's
release from such duty. The date of rank and position on the
reserve active-status list of the officer shall be the date
the officer would have been promoted to or recognized in the
higher grade had the limitations imposed under regulations
prescribed by the Secretary of Defense contained in section
12011 of this title not existed. If an officer whose
promotion is delayed under paragraph (1) or (2) has not
completed the period of active duty or full-time National
Guard duty that the officer is required by law or regulation
to perform as a member of a reserve component, the officer
may be retained on active duty or on full-time National Guard
duty in the grade in which the officer was serving before the
officer's being found qualified for Federal recognition or
the officer's selection for the promotion until the officer
completes that required period of duty.
``Sec. 14312. Delay of promotion: voluntary
``(a) Authority for Voluntary Delays.--(1) The Secretary of
the military department concerned may, by regulation, permit
delays of a promotion of an officer who is recommended for
promotion by a mandatory selection board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title at the request of the officer
concerned. Such delays, in the case of any promotion, may
extend for any period not to exceed three years from the date
on which the officer would otherwise be promoted.
``(2) Regulations under this section shall provide that--
``(A) a request for such a delay of promotion must be
submitted by the officer concerned before the delay may be
approved; and
``(B) denial of such a request shall not be considered to
be a failure of selection for promotion unless the officer
declines to accept a promotion under circumstances set forth
in subsection (c).
``(b) Effect of Approval of Request.--If a request for
delay of a promotion under subsection (a) is approved, the
officer's name shall remain on the promotion list during the
authorized period of delay (unless removed under any other
provision of law). Upon the end of the period of the
authorized delay, or at any time during such period, the
officer may accept the promotion, which shall be effective on
the date of acceptance. Such an acceptance of a promotion
shall be made in accordance with regulations prescribed under
this section.
``(c) Effect of Declining a Promotion.--An officer's name
shall be removed from the promotion list and, if the officer
is serving in a grade below colonel or, in the case of the
Navy, captain, the officer shall be considered to have failed
of selection for promotion if any of the following applies:
``(1) The Secretary concerned has not authorized voluntary
delays of promotion under subsection (a) to the grade
concerned and the officer declines to accept an appointment
to a higher grade.
``(2) The Secretary concerned has authorized voluntary
delays of promotion under subsection (a), but has denied the
request of the officer for a delay of promotion and the
officer then declines to accept an appointment to a higher
grade.
``(3) The Secretary concerned has approved the request of
an officer for a delay of promotion and, upon the end of the
period of delay authorized in accordance with regulations
prescribed under subsection (a), the officer then declines to
accept an appointment to a higher grade.
``Sec. 14313. Authority to vacate promotions to grade of
brigadier general or rear admiral (lower half)
``(a) Authority.--The President may vacate the appointment
of a reserve officer to the grade of brigadier general or
rear admiral (lower half) if the period of time during which
the officer has served in that grade after promotion to that
grade is less than 18 months.
``(b) Effect of Promotion Being Vacated.--Except as
provided in subsection (c), an officer whose promotion to the
grade of brigadier general is vacated under this section
holds the grade of colonel as a reserve of the armed force of
which the officer is a member. An officer whose promotion to
the grade of rear admiral (lower half) is vacated under this
section holds the grade of captain in the Naval Reserve. Upon
assuming the lower grade, the officer shall have the same
position on the reserve active-status list as the officer
would have had if the officer had not served in the higher
grade.
``(c) Special Rule for Officers Serving as Adjutant
General.--In the case of an officer serving as an adjutant
general or assistant adjutant general whose promotion to the
grade of brigadier general is vacated under this section, the
officer then holds the reserve grade held by that officer
immediately before the officer's appointment as adjutant
general or assistant adjutant general.
``Sec. 14314. Army and Air Force commissioned officers:
generals ceasing to occupy positions commensurate with
grade; State adjutants general
``(a) General Officers.--Within 30 days after a reserve
officer of the Army or the Air Force on the reserve active-
status list in a general officer grade ceases to occupy a
position commensurate with that grade (or commensurate with a
higher grade), the Secretary concerned shall transfer or
discharge the officer in accordance with whichever of the
following the officer elects:
``(1) Transfer the officer in grade to the Retired Reserve,
if the officer is qualified and applies for the transfer.
``(2) Transfer the officer in grade to the inactive status
list of the Standby Reserve, if the officer is qualified.
``(3) Discharge the officer from the officer's reserve
appointment and, if the officer is qualified and applies
therefor, appoint the officer in the reserve grade held by
the officer as a reserve officer before the officer's
appointment in a general officer grade.
``(4) Discharge the officer from the officer's reserve
appointment.
``(b) Adjutants General.--If a reserve officer who is
federally recognized in the Army National Guard or the Air
National Guard solely because of the officer's appointment as
adjutant general or assistant adjutant general of a State
ceases to occupy that position, the Secretary concerned, not
later than 30 days after the date on which the officer ceases
to occupy that position, shall--
``(1) withdraw that officer's Federal recognition; and
``(2) require that the officer--
``(A) be transferred in grade to the Retired Reserve, if
the officer is qualified and applies for the transfer;
``(B) be discharged from the officer's reserve appointment
and appointed in the reserve grade held by the officer as a
reserve officer of the Air Force immediately before the
appointment of that officer as adjutant general or assistant
adjutant general, if the officer is qualified and applies for
that appointment; or
``(C) be discharged from the officer's reserve appointment.
``(c) Credit for Service in Grade.--An officer who is
appointed under subsection (a)(3) or (b)(2)(B) shall be
credited with an amount of service in the grade in which
appointed that is equal to the amount of prior service in an
active status in that grade and in any higher grade.
``Sec. 14315. Position vacancy promotions: Army and Air Force
officers
``(a) Officers Eligible for Consideration For Vacancy
Promotions Below Brigadier General.--A reserve officer of the
Army who is in the Army Reserve, or a Reserve officer of the
Air Force who is in the Air Force Reserve, who is on the
reserve active-status list in the grade of first lieutenant,
captain, major, or lieutenant colonel is eligible for
consideration for promotion to the next higher grade under
this section if each of the following applies:
``(1) The officer is occupying or, as determined by the
Secretary concerned, is available to occupy a position in the
same competitive category as the officer and for which a
grade higher than the one held by that officer is authorized.
``(2) The officer is fully qualified to meet all
requirements for the position as established by the Secretary
of the military department concerned.
``(3) The officer has held the officer's present grade for
the minimum period of service prescribed in section 14303 of
this title for eligibility for consideration for promotion to
the higher grade.
``(b) Consideration for Vacancy Promotion to Brigadier
General or Major General.--(1) A reserve officer of the Army
who is in the Army Reserve and on the reserve active-status
list in the grade of colonel or brigadier general may be
considered for promotion to the next higher grade under this
section if the officer (A) is assigned to the duties of a
general officer of the next higher reserve grade in a unit of
the Army Reserve organized to serve as a unit, (B) has held
the officer's present grade for the minimum period of service
prescribed in section 14303 of this title for eligibility for
consideration for promotion to the higher grade, and (C)
meets the standards for consideration prescribed by the
Secretary of the Army.
``(2) A reserve officer of the Air Force who is in the Air
Force Reserve and on the reserve active-status list in the
grade of colonel or brigadier general may be considered for
promotion to the next higher grade under this section if the
officer (A) is assigned to the duties of a general officer of
the next higher reserve grade, and (B) meets the standards
for consideration prescribed by the Secretary of the Air
Force.
``(c) Vacancy Promotion Boards.--Consideration for
promotion under this section shall be by a vacancy promotion
board convened under section 14101(a) of this title.
``(d) Effect of Nonselection.--An officer who is considered
for promotion under this section and is not selected shall
not be considered to have failed of selection for promotion.
``(e) Special Rule for Officers Failed of Selection.--A
reserve officer of the Army or the Air Force who is
considered as failed of selection for promotion under section
14501 of this title to a grade may be considered for
promotion under this section or, if selected, promoted to
that grade only if the Secretary of the military department
concerned finds that the officer is the only qualified
officer available to fill the vacancy. The Secretary
concerned may not delegate the authority under the preceding
sentence.
``Sec. 14316. Army National Guard and Air National Guard:
appointment to and Federal recognition in a higher reserve
grade after selection for promotion
``(a) Opportunity for Promotion To Fill a Vacancy in the
Guard.--If an officer of the Army National Guard of the
United States or the Air National Guard of the United States
is recommended by a mandatory selection board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title for promotion to the next higher
grade, an opportunity shall be given to the appropriate
authority of the State to promote that officer to fill a
vacancy in the Army National Guard or the Air National Guard
of that jurisdiction.
``(b) Automatic Federal Recognition.--An officer of the
Army National Guard of the United States or the Air National
Guard of the United States who is on a promotion list for
promotion to the next higher grade as a result of selection
for promotion as described in subsection (a) and who before
the date of promotion is appointed in that higher grade to
fill a vacancy in the Army National Guard or Air National
Guard shall--
``(1) be extended Federal recognition in that grade,
without the examination prescribed in section 307 of title
32; and
``(2) subject to section 14311(e) of this title, be
promoted to that reserve grade effective on the date of the
officer's appointment in that grade in the Army National
Guard or Air National Guard.
``(c) National Guard Officers Failed of Selection.--An
officer who is considered as failed of selection for
promotion under section 14501 of this title to a grade may be
extended Federal recognition in that grade only if the
Secretary of the military department concerned finds that the
officer is the only qualified officer available to fill a
vacancy. The Secretary concerned may not delegate the
authority under the preceding sentence.
``(d) Transfer to Army Reserve or Air Force Reserve.--If,
on the date on which an officer of the Army National Guard of
the United States or of the Air National Guard of the United
States who is on a promotion list as described in subsection
(a) is to be promoted, the officer has not been promoted to
fill a vacancy in the higher grade in the Army National Guard
or the Air National Guard, the officer's Federal recognition
in the officer's reserve grade shall be withdrawn and the
officer shall be promoted and transferred to the Army Reserve
or the Air Force Reserve as appropriate.
``Sec. 14317. Officers in transition to and from the active-
status list or active-duty list
``(a) Effect of Transfer to Inactive Status or Retired
Status.--If a reserve officer on the reserve active-status
list is transferred to an inactive status or to a retired
status after having been recommended for promotion to a
higher grade under this chapter or chapter 36 of this title,
or after having been found qualified for Federal recognition
in the higher grade under title 32, but before being
promoted, the officer--
``(1) shall be treated as if the officer had not been
considered and recommended for promotion by the selection
board or examined and been found qualified for Federal
recognition; and
``(2) may not be placed on a promotion list or promoted to
the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a
selection board convened under chapter 36 of this title or
section 14101(a) or 14502 of this title or examined for
Federal recognition under title 32.
``(b) Effect of Placement on Active-Duty List.--A reserve
officer who is on a promotion list as a result of selection
for promotion by a mandatory promotion board convened under
section 14101(a) or a special selection board convened under
section 14502 of this title and who before being promoted is
placed on the active-duty list of the same armed force and
placed in the same competitive category shall, under
regulations prescribed by the Secretary of Defense, be placed
on an appropriate promotion list for officers on the active-
duty list established under chapter 36 of this title.
``(c) Officers on a Promotion List Removed From Active-Duty
List.--An officer who is on the active-duty list and is on a
promotion list as the result of selection for promotion by a
selection board convened under chapter 36 of this title and
who before being promoted is removed from the active-duty
list and placed on the reserve active-status list of the same
armed force and in the same competitive category (including a
regular officer who on removal from the active-duty list is
appointed as a reserve officer and placed on the reserve
active-status list) shall, under regulations prescribed by
the Secretary of Defense, be placed on an appropriate
promotion list established under this chapter.
``(d) Officers Selected for Position Vacancies.--If a
reserve officer is ordered to active duty (other than active
duty for training) or full-time National Guard duty (other
than full-time National Guard duty for training only) after
being recommended for promotion under section 14314 of this
title to fill a position vacancy or examined for Federal
recognition under title 32, and before being promoted to fill
that vacancy, the officer shall not be promoted while serving
such active duty or full-time National Guard duty unless the
officer is ordered to active duty as a member of the unit in
which the vacancy exists when that unit is ordered to active
duty. If, under this subsection, the name of an officer is
removed from a list of officers recommended for promotion,
the officer shall be treated as if the officer had not been
considered for promotion or examined for Federal recognition.
``(e) Under regulations prescribed by the Secretary of the
military department concerned, a reserve officer who is not
on the active-duty list and who is ordered to active duty in
time of war or national emergency may, if eligible, be
considered for promotion by a mandatory promotion board
convened under section 14101(a) or a special selection board
convened under section 14502 of this title for not more than
two years from the date the officer is ordered to active duty
unless the President suspends the operation of this section
under the provisions of section 10213 or 644 of this title.
``CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY
SEPARATION
``Sec.
``14501. Failure of selection for promotion.
``14502. Special selection boards: correction of errors.
``14503. Discharge of officers with less than five years of
commissioned service or found not qualified for promotion
to first lieutenant or lieutenant (junior grade).
``14504. Effect of failure of selection for promotion: reserve first
lieutenants of the Army, Air Force, and Marine Corps and
reserve lieutenants (junior grade) of the Navy.
``14505. Effect of failure of selection for promotion: reserve captains
of the Army, Air Force, and Marine Corps and reserve
lieutenants of the Navy.
``14506. Effect of failure of selection for promotion: reserve majors
of the Army, Air Force, and Marine Corps and lieutenant
commanders of the Navy.
``14507. Removal from the active-status list for years of service:
reserve lieutenant colonels and colonels of the Army, Air
Force, and Marine Corps and reserve commanders and
captains of the Navy.
``14508. Removal from the reserve active-status list for years of
service: reserve general and flag officers.
``14509. Separation at age 60: reserve officers below brigadier general
or rear admiral (lower half).
``14510. Separation at age 60: reserve brigadier generals and rear
admirals (lower half).
``14511. Separation at age 62: major generals and rear admirals.
``14512. Separation at age 64: officers holding certain offices.
``14513. Separation for failure of selection of promotion.
``14514. Discharge or retirement for years of service or after
selection for early removal.
``14515. Discharge or retirement for age.
``14516. Separation to be considered involuntary.
``14517. Entitlement of officers discharged under this chapter to
separation pay.
``Sec. 14501. Failure of selection for promotion
``(a) An officer on the reserve active-status list in a
grade below the grade of colonel or, in the case of an
officer in the Naval Reserve, captain who is in or above the
promotion zone established for that officer's grade and
competitive category and who (1) is considered but not
recommended for promotion (other than by a vacancy promotion
board), or (2) declines to accept a promotion for which
selected (other than by a vacancy promotion board), shall be
considered to have failed of selection for promotion.
``(b) Officers Twice Failed of Selection.--An officer shall
be considered for all purposes to have twice failed of
selection for promotion if any of the following applies:
``(1) The officer is considered but not recommended for
promotion a second time by a mandatory promotion board
convened under section 14101(a) or a special selection board
convened under section 14502(a) of this title.
``(2) The officer declines to accept a promotion for which
recommended by a mandatory promotion board convened under
section 14101(a) or a special selection board convened under
section 14502(a) or 14502(b) of this title after previously
failing of selection or after the officer's name was removed
from the report of a selection board under section 14111(b)
or from a promotion list under section 14310 of this title
after recommendation for promotion by an earlier selection
board described in subsection (a).
``(3) The officer's name has been removed from the report
of a selection board under section 14111(b) or from a
promotion list under section 14310 of this title after
recommendation by a mandatory promotion board convened under
section 14101(a) or by a special selection board convened
under section 14502(a) or 14502(b) of this title and--
``(A) the officer is not recommended for promotion by the
next mandatory promotion board convened under section
14101(a) or special selection board convened under section
14502(a) of this title for that officer's grade and
competitive category; or
``(B) the officer's name is again removed from the report
of a selection board under section 14111(b) or from a
promotion list under section 14310 of this title.
``Sec. 14502. Special selection boards: correction of errors
``(a) Officers Not Considered Because of Administrative
Error.--(1) In the case of an officer or former officer who
the Secretary of the military department concerned determines
was not considered for selection for promotion from in or
above the promotion zone by a mandatory promotion board
convened under section 14101(a) of this title because of
administrative error, the Secretary concerned shall convene a
special selection board under this subsection to determine
whether such officer or former officer should be recommended
for promotion. Any such board shall be convened under
regulations prescribed by the Secretary of Defense and shall
be appointed and composed in accordance with section 14102 of
this title and shall include the representation of
competitive categories required by that section. The members
of a board convened under this subsection shall be required
to take an oath in the same manner as prescribed in section
14103 of this title.
``(2) A special selection board convened under this
subsection shall consider the record of the officer or former
officer as that record would have appeared to the promotion
board that should have considered the officer or former
officer. That record shall be compared with a sampling of the
records of those officers of the same grade and competitive
category who were recommended for promotion and those
officers of the same grade and competitive category who were
not recommended for promotion by that board.
``(3) If a special selection board convened under paragraph
(1) does not recommend for promotion an officer or former
officer in a grade below the grade of colonel or, in the case
of an officer or former officer of the Navy, captain, whose
name was referred to it for consideration, the officer or
former officer shall be considered to have failed of
selection for promotion.
``(b) Officers Considered but Not Selected; Material
Error.--(1) In the case of an officer or former officer who
was eligible for promotion and was considered for selection
for promotion from in or above the promotion zone under this
chapter by a selection board but was not selected, the
Secretary of the military department concerned may, under
regulations prescribed by the Secretary of Defense, convene a
special selection board under this subsection to determine
whether the officer or former officer should be recommended
for promotion, if the Secretary determines that--
``(A) the action of the selection board that considered the
officer or former officer was contrary to law or involved
material error of fact or material administrative error; or
``(B) the selection board did not have before it for its
consideration material information.
``(2) A special selection board convened under paragraph
(1) shall be appointed and composed in accordance with
section 14102 of this title (including the representation of
competitive categories required by that section), and the
members of such a board shall take an oath in the same manner
as prescribed in section 14103 of this title.
``(3) Such board shall consider the record of the officer
or former officer as that record, if corrected, would have
appeared to the selection board that considered the officer
or former officer. That record shall be compared with a
sampling of the records of those officers of the same grade
and competitive category who were recommended for promotion
and those officers of the same grade and competitive category
who were not recommended for promotion by that board.
``(4) If a special selection board convened under paragraph
(1) does not recommend for promotion an officer or former
officer in the grade of lieutenant colonel or commander or
below whose name was referred to it for consideration, the
officer or former officer shall be considered to have failed
of selection for promotion by the board which did consider
the officer but incurs no additional failure of selection for
promotion from the action of the special selection board.
``(c) Report.--Each special selection board convened under
this section shall submit to the Secretary of the military
department concerned a written report, signed by each member
of the board, containing the name of each officer it
recommends for promotion and certifying that the board has
considered carefully the record of each officer whose name
was referred to it.
``(d) Applicable Provisions.--The provisions of sections
14104, 14109, 14110, and 14111 of this title apply to the
report and proceedings of a special selection board convened
under this section in the same manner as they apply to the
report and proceedings of a promotion board convened under
section 14101(a) of this title.
``(e) Appointment of Officers Recommended for Promotion.--
(1) An officer whose name is placed on a promotion list as a
result of recommendation for promotion by a special selection
board convened under this section, shall, as soon as
practicable, be appointed to the next higher grade in
accordance with the law and policies which would have been
applicable had he been recommended for promotion by the board
which should have considered or which did consider him.
``(2) An officer who is promoted to the next higher grade
as the result of the recommendation of a special selection
board convened under this section shall, upon such promotion,
have the same date of rank, the same effective date for the
pay and allowances of that grade, and the same position on
the reserve active-status list as the officer would have had
if the officer had been recommended for promotion to that
grade by the selection board which should have considered, or
which did consider, the officer.
``(3) If the report of a special selection board convened
under this section, as approved by the President, recommends
for promotion to the next higher grade an officer not
currently eligible for promotion or a former officer whose
name was referred to it for consideration, the Secretary
concerned may act under section 1552 of this title to correct
the military record of the officer or former officer to
correct an error or remove an injustice resulting from not
being selected for promotion by the board which should have
considered, or which did consider, the officer.
``(f) Time Limits for Consideration.--The Secretary of
Defense may prescribe by regulation the circumstances under
which consideration by a special selection board is
contingent upon application for consideration by an officer
or former officer and time limits within which an officer or
former officer must make such application in order to be
considered by a special selection board under this section.
``(g) Limitation of Other Jurisdiction.--No official or
court of the United States shall have power or jurisdiction--
``(1) over any claim based in any way on the failure of an
officer or former officer of the armed forces to be selected
for promotion by a selection board convened under chapter
1403 of this title until--
``(A) the claim has been referred to a special selection
board by the Secretary concerned and acted upon by that
board; or
``(B) the claim has been rejected by the Secretary without
consideration by a special selection board; or
``(2) to grant any relief on such a claim unless the
officer or former officer has been selected for promotion by
a special selection board convened under this section to
consider the officer's claim.
``(h) Judicial Review.--(1) A court of the United States
may review a determination by the Secretary concerned under
subsection (a)(1), (b)(1), or (e)(3) not to convene a special
selection board. If a court finds the determination to be
arbitrary or capricious, not based on substantial evidence,
or otherwise contrary to law, it shall remand the case to the
Secretary concerned, who shall provide for consideration of
the officer or former officer by a special selection board
under this section.
``(2) If a court finds that the action of a special
selection board which considers an officer or former officer
was contrary to law or involved material error of fact or
material administrative error, it shall remand the case to
the Secretary concerned, who shall provide the officer or
former officer reconsideration by a new special selection
board.
``(i) Designation of Boards.--The Secretary of the military
department concerned may designate a promotion board convened
under section 14101(a) of this title as a special selection
board convened under this section. A board so designated may
function in both capacities.
``Sec. 14503. Discharge of officers with less than five years
of commissioned service or found not qualified for
promotion to first lieutenant or lieutenant (junior grade)
``(a) Authorized Discharges.--The Secretary of the military
department concerned may discharge any reserve officer who--
``(1) has less than five years of service in an active
status as a commissioned officer; or
``(2) is serving in the grade of second lieutenant or
ensign and has been found not qualified for promotion to the
grade of first lieutenant or lieutenant (junior grade).
``(b) Time for Discharge.--(1) An officer described in
subsection (a)(2)--
``(A) may be discharged at any time after being found not
qualified for promotion; and
``(B) if not sooner discharged, shall be discharged at the
end of the 18-month period beginning on the date on which the
officer is first found not qualified for promotion.
``(2) Paragraph (1) shall not apply if the officer is
sooner promoted.
``(c) Regulations.--Discharges under this section shall be
made under regulations prescribed by the Secretary of Defense
and may be made without regard to section 12645 of this
title.
``Sec. 14504. Effect of failure of selection for promotion:
reserve first lieutenants of the Army, Air Force, and
Marine Corps and reserve lieutenants (junior grade) of the
Navy
``(a) General Rule.--A first lieutenant on the reserve
active-status list of the Army, Air Force, or Marine Corps or
a lieutenant (junior grade) on the reserve active-status list
of the Navy who has failed of selection for promotion to the
next higher grade for the second time and whose name is not
on a list of officers recommended for promotion to the next
higher grade shall be separated in accordance with section
14513 of this title not later than the first day of the
seventh month after the month in which the President approves
the report of the board which considered the officer for the
second time.
``(b) Exceptions.--Subsection (a) does not apply (1) in the
case of an officer retained as provided by regulation of the
Secretary of the military department concerned in order to
meet planned mobilization needs for a period not in excess of
24 months beginning with the date on which the President
approves the report of the selection board which resulted in
the second failure, or (2) as provided in section 12646 or
12686 of this title.
``Sec. 14505. Effect of failure of selection for promotion:
reserve captains of the Army, Air Force, and Marine Corps
and reserve lieutenants of the Navy
``Unless retained as provided in section 12646 or 12686 of
this title, a captain on the reserve active-status list of
the Army, Air Force, or Marine Corps or a lieutenant on the
reserve active-status list of the Navy who has failed of
selection for promotion to the next higher grade for the
second time and whose name is not on a list of officers
recommended for promotion to the next higher grade and who
has not been selected for continuation on the reserve active-
status list under section 14701 of this title, shall be
separated in accordance with section 14513 of this title not
later than the first day of the seventh month after the month
in which the President approves the report of the board which
considered the officer for the second time.
``Sec. 14506. Effect of failure of selection for promotion:
reserve majors of the Army, Air Force and Marine Corps and
reserve lieutenant commanders of the Navy
``Unless retained as provided in section 12646, 12686,
14701, or 14702 of this title, each reserve officer of the
Army, Navy, Air Force, or Marine Corps who holds the grade of
major or lieutenant commander who has failed of selection to
the next higher grade for the second time and whose name is
not on a list of officers recommended for promotion to the
next higher grade shall, if not earlier removed from the
reserve active-status list, be removed from that list in
accordance with section 14513 of this title on the first day
of the month after the month in which the officer completes
20 years of commissioned service.
``Sec. 14507. Removal from the reserve active-status list for
years of service: reserve lieutenant colonels and colonels
of the Army, Air Force, and Marine Corps and reserve
commanders and captains of the Navy
``(a) Lieutenant Colonels and Commanders.--Unless continued
on the reserve active-status list under section 14701 or
14702 of this title or retained as provided in section 12646
or 12686 of this title, each reserve officer of the Army,
Navy, Air Force, or Marine Corps who holds the grade of
lieutenant colonel or commander and who is not on a list of
officers recommended for promotion to the next higher grade
shall (if not earlier removed from the reserve active-status
list) be removed from that list under section 14514 of this
title on the first day of the month after the month in which
the officer completes 28 years of commissioned service.
``(b) Colonels and Navy Captains.--Unless continued on the
reserve active-status list under section 14701 or 14702 of
this title or retained as provided in section 12646 or 12686
of this title, each reserve officer of the Army, Air Force,
or Marine Corps who holds the grade of colonel, and each
reserve officer of the Navy who holds the grade of captain,
and who is not on a list of officers recommended for
promotion to the next higher grade shall (if not earlier
removed from the reserve active-status list) be removed from
that list under section 14514 of this title on the first day
of the month after the month in which the officer completes
30 years of commissioned service. This subsection does not
apply to the adjutant general or assistant adjutants general
of a State.
``Sec. 14508. Removal from the reserve active-status list for
years of service: reserve general and flag officers
``(a) Thirty Years Service or Five Years in Grade.--Unless
retired, transferred to the Retired Reserve, or discharged at
an earlier date, each reserve officer of the Army, Air Force,
or Marine Corps in the grade of brigadier general who has not
been recommended for promotion to the grade of major general,
and each reserve officer of the Navy in the grade of rear
admiral (lower half) who has not been recommended for
promotion to rear admiral shall, 30 days after completion of
30 years of commissioned service or on the fifth anniversary
of the date of the officer's appointment in the grade of
brigadier general or rear admiral (lower half), whichever is
later, be separated in accordance with section 14514 of this
title.
``(b) Thirty-Five Years Service or Five Years in Grade.--
Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of major
general, and each reserve officer of the Navy in the grade of
rear admiral, shall, 30 days after completion of 35 years of
commissioned service or on the fifth anniversary of the date
of the officer's appointment in the grade of major general or
rear admiral, whichever is later, be separated in accordance
with section 14514 of this title.
``(c) Retention of Brigadier Generals.--A reserve officer
of the Army or Air Force in the grade of brigadier general
who would otherwise be removed from an active status under
this subsection (a) may, in the discretion of the Secretary
of the Army or the Secretary of the Air Force, as the case
may be, be retained in an active status, but not later than
the date on which the officer becomes 60 years of age. Not
more than 10 officers of the Army and not more than 10
officers of the Air Force may be retained under this
subsection at any one time.
``(d) Retention of Major Generals.--A reserve officer of
the Army or Air Force in the grade of major general who would
otherwise be removed from an active status under this
subsection (b) may, in the discretion of the Secretary of the
Army or the Secretary of the Air Force, as the case may be,
be retained in an active status, but not later than the date
on which the officer becomes 62 years of age. Not more than
10 officers of the Army and not more than 10 officers of the
Air Force may be retained under this subsection at any one
time.
``(e) Exception for State Adjutants General and Assistant
Adjutants General.--This section does not apply to an officer
who is the adjutant general or assistant adjutant general of
a State.
``Sec. 14509. Separation at age 60: reserve officers in
grades below brigadier general or rear admiral (lower half)
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps in a grade below brigadier general or rear
admiral (lower half) who has not been recommended for
promotion to the grade of brigadier general or rear admiral
(lower half) and is not a member of the Retired Reserve
shall, on the last day of the month in which that officer
becomes 60 years of age, be separated in accordance with
section 14515 of this title.
``Sec. 14510. Separation at age 60: reserve brigadier
generals and rear admirals (lower half)
``Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of brigadier
general who has not been recommended for promotion to the
grade of major general, and each reserve rear admiral (lower
half) of the Navy who has not been recommended for promotion
to the grade of rear admiral, except an officer covered by
section 14512 of this title, shall be separated in accordance
with section 14515 of this title on the last day of the month
in which the officer becomes 60 years of age.
``Sec. 14511. Separation at age 62: major generals and rear
admirals
``Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of major
general and each reserve officer of the Navy in the grade of
rear admiral, except an officer covered by section 14512 of
this title, shall be separated in accordance with section
14515 of this title on the last day of the month in which the
officer becomes 62 years of age.
``Sec. 14512. Separation at age 64: officers holding certain
offices
``(a) Army and Air Force.--Unless retired, transferred to
the Retired Reserve, or discharged at an earlier date, a
reserve officer of the Army or Air Force who is Chief of the
National Guard Bureau, an adjutant general, or if a reserve
officer of the Army, commanding general of the troops of a
State, shall on the last day of the month in which the
officer becomes 64 years of age, be separated in accordance
with section 14515 of this title.
``(b) Navy and Marine Corps.--The Secretary of the Navy may
defer the retirement under section 14510 or 14511 of a
reserve officer of the Navy in a grade above captain or a
reserve officer of the Marine Corps in a grade above colonel
and retain the officer in an active status until the officer
becomes 64 years of age. Not more than 10 officers may be so
deferred at any one time, distributed between the Naval
Reserve and the Marine Corps Reserve as the Secretary
determines.
``Sec. 14513. Separation for failure of selection of
promotion
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and whose removal
from an active status or from a reserve active-status list is
required by section 14504, 14505, or 14506 of this title
shall (unless the officer's separation is deferred or the
officer is continued in an active status under another
provision of law) not later than the date specified in those
sections--
``(1) be transferred to an inactive status if the Secretary
concerned determines that the officer has skills which may be
required to meet the mobilization needs of the officer's
armed force;
``(2) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(3) if the officer is not transferred to an inactive
status or to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14514. Discharge or retirement for years of service or
after selection for early removal
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and who is required
to be removed from an active status or from a reserve active-
status list, as the case may be, under section 14507, 14508,
14704, or 14705 of this title (unless the officer is sooner
separated or the officer's separation is deferred or the
officer is continued in an active status under another
provision of law), in accordance with those sections, shall--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
such transfer, be discharged from the officer's reserve
appointment.
``Sec. 14515. Discharge or retirement for age
``Each reserve officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status or on an inactive
status list and who reaches the maximum age specified in
section 14509, 14510, 14511, or 14512 of this title for the
officer's grade or position shall (unless the officer is
sooner separated or the officer's separation is deferred or
the officer is continued in an active status under another
provision of law) not later than the last day of the month in
which the officer reaches that maximum age--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
transfer to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14516. Separation to be considered involuntary
``The separation of an officer pursuant to section 14513,
14514, or 14515 of this title shall be considered to be an
involuntary separation for purposes of any other provision of
law.
``Sec. 14517. Entitlement of officers discharged under this
chapter to separation pay
``An officer who is discharged under section 14513, 14514,
or 14515 of this title is entitled to separation pay under
section 1174 of this title if otherwise eligible under that
section.
``CHAPTER 1409--CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS
LIST AND SELECTIVE EARLY REMOVAL
``Sec.
``14701. Selection of officers for continuation on the reserve active-
status list.
``14702. Retention on reserve active-status list of certain officers
until age 60.
``14703. Authority to retain chaplains and officers in medical
specialties until specified age.
``14704. Selective early removal from the reserve active-status list.
``14705. Selective early retirement: reserve general and flag officers
of the Navy and Marine Corps.
``14706. Computation of total years of service.
``Sec. 14701. Selection of officers for continuation on the
reserve active-status list
``(a) Consideration for Continuation.--(1) Upon
application, a reserve officer of the Army, Navy, Air Force,
or Marine Corps who is required to be removed from the
reserve active-status list under section 14505, 14506, or
14507 of this title may, subject to the needs of the service
and to section 14509 of this title, be considered for
continuation on the reserve active-status list by a selection
board convened under section 14101(b) of this title.
``(2) A reserve officer who holds the grade of captain in
the Army, Air Force, or Marine Corps or the grade of
lieutenant in the Navy and who is subject to separation under
section 14513 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 20 years of commissioned service.
``(3) A reserve officer who holds the grade of major or
lieutenant commander and who is subject to separation under
section 14513 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 24 years of commissioned service.
``(4) A reserve officer who holds the grade of lieutenant
colonel or commander and who is subject to separation under
section 14514 of this title may not be continued on the
reserve active-status list under this subsection for a period
which extends beyond the last day of the month in which the
officer completes 33 years of commissioned service.
``(5) A reserve officer who holds the grade of colonel in
the Army, Air Force, or Marine Corps or the grade of captain
in the Navy and who is subject to separation under section
14514 of this title may not be continued on the reserve
active-status list under this subsection for a period which
extends beyond the last day of the month in which the officer
completes 35 years of commissioned service.
``(6) An officer who is selected for continuation on the
reserve active-status list as a result of the convening of a
selection board under section 14101(b) of this title but who
declines to continue on that list shall be separated in
accordance with section 14513 or 14514 of this title, as the
case may be.
``(7) Each officer who is continued on the reserve active-
status list under this section, who is not subsequently
promoted or continued on the active-status list, and whose
name is not on a list of officers recommended for promotion
to the next higher grade shall (unless sooner separated under
another provision of law) be separated in accordance with
section 14513 or 14514 of this title, as appropriate, upon
the expiration of the period for which the officer was
continued on the reserve active-status list.
``(b) Approval of Secretary Concerned.--Continuation of an
officer on the reserve active-status list under this section
pursuant to action of a continuation board convened under
section 14101(b) of this title is subject to the approval of
the Secretary of the military department concerned.
``(c) Instructions To Continuation Boards.--A continuation
board convened under section 14101(b) of this title to
consider officers for continuation on the reserve active-
status list under this section shall act in accordance with
the instructions and directions provided to the board by the
Secretary of the military department concerned.
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
``Sec. 14702. Retention on reserve active-status list of
certain officers until age 60
``(a) Retention.--Notwithstanding the provisions of section
14506 or 14507 of this title, the Secretary of the military
department concerned may, with the officer's consent, retain
on the reserve active-status list an officer in the grade of
major, lieutenant colonel, or colonel who is--
``(1) an officer of the Army National Guard of the United
States and assigned to a headquarters or headquarters
detachment of a State; or
``(2) a reserve officer of the Army or Air Force who, as a
condition of continued employment as a National Guard or
Reserve technician is required by the Secretary concerned to
maintain membership in a Selected Reserve unit or
organization.
``(b) Separation at Age 60.--An officer may be retained
under this section only so long as the officer continues to
meet the conditions of subsection (a)(1) or (a)(2). An
officer may not be retained under this section after the last
day of the month in which the officer becomes 60 years of
age.
``Sec. 14703. Authority to retain chaplains and officers in
medical specialties until specified age
``(a) Retention.--Notwithstanding any provision of chapter
1407 of this title and except for officers referred to in
sections 14503, 14504, 14505, and 14506 of this title and
under regulations prescribed by the Secretary of Defense--
``(1) the Secretary of the Army may, with the officer's
consent, retain in an active status any reserve officer
assigned to the Medical Corps, the Dental Corps, the
Veterinary Corps, the Medical Services Corps (if the officer
has been designated as allied health officer or biomedical
sciences officer in that Corps), the Optometry Section of the
Medical Services Corps, the Chaplains, the Army Nurse Corps,
or the Army Medical Specialists Corps;
``(2) the Secretary of the Navy may, with the officer's
consent, retain in an active status any reserve officer
appointed in the Medical Corps, Dental Corps, Nurse Corps, or
Chaplain Corps or appointed in the Medical Services Corps and
designated to perform as a veterinarian, optometrist,
podiatrist, allied health officer, or biomedical sciences
officer; and
``(3) the Secretary of the Air Force may, with the
officer's consent, retain in an active status any reserve
officer who is designated as a medical officer, dental
officer, veterinary officer, Air Force nurse, or chaplain or
who is designated as a biomedical sciences officer and is
qualified for service as a veterinarian, optometrist, or
podiatrist.
``(b) Separation at Specified Age.--An officer may not be
retained in active status under this section later than the
date on which the officer becomes 67 years of age (or, in the
case of a reserve officer of the Army in the Chaplains or a
reserve officer of the Air Force designated as a chaplain, 60
years of age).
``Sec. 14704. Selective early removal from the reserve
active-status list
``(a) Boards To Recommend Officers for Removal From Reserve
Active-Status List.--Whenever the Secretary of the military
department concerned determines that there are in any reserve
component under the jurisdiction of the Secretary too many
officers in any grade and competitive category who have at
least 30 years of service computed under section 14706 of
this title or at least 20 years of service computed under
section 12732 of this title, the Secretary may convene a
selection board under section 14101(b) of this title to
consider all officers on that list who are in that grade and
competitive category, and who have that amount of service,
for the purpose of recommending officers by name for removal
from the reserve active-status list, in the number specified
by the Secretary by each grade and competitive category.
``(b) Separation of Officers Selected.--In the case of an
officer recommended for separation in the report of a board
under subsection (a), the Secretary may separate the officer
in accordance with section 14514 of this title.
``(c) Regulations.--The Secretary of the military
department concerned shall prescribe regulations for the
administration of this section.
``Sec. 14705. Selective early retirement: reserve general and
flag officers of the Navy and Marine Corps
``(a) Authority to Consider.--An officer in the Naval
Reserve in an active status serving in the grade of rear
admiral (lower half) or rear admiral and an officer in the
Marine Corps Reserve in an active status serving in the grade
of brigadier general or major general may be considered for
early retirement whenever the Secretary of the Navy
determines that such action is necessary.
``(b) Boards.--If the Secretary of the Navy determines that
consideration for early retirement under this section is
necessary, the Secretary shall convene a board under section
14101(b) of this title to recommend an appropriate number of
officers for early retirement.
``(c) Separation Under Section 14514.--An officer selected
for early retirement under this section shall be separated in
accordance with section 14514 of this title.
``Sec. 14706. Computation of total years of service
``For the purpose of this chapter and chapter 1407 of this
title, a reserve officer's years of service include all
service, other than constructive service, of the officer as a
commissioned officer of any uniformed service (other than
service as a warrant officer).
``CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY
SEPARATION
``Sec.
``14901. Separation of chaplains for loss of professional
qualifications.
``14902. Separation for substandard performance and for certain other
reasons.
``14903. Boards of inquiry.
``14904. Rights and procedures.
``14905. Officer considered for removal: retirement or discharge.
``14906. Officers eligible to serve on boards.
``14907. Army National Guard of the United States and Air National
Guard of the United States: discharge and withdrawal of
Federal recognition of officers absent without leave.
``Sec. 14901. Separation of chaplains for loss of
professional qualifications
``(a) Separation.--Under regulations prescribed by the
Secretary of Defense, an officer on the reserve active-status
list who is appointed or designated as a chaplain may, if the
officer fails to maintain the qualifications needed to
perform the professional function of a chaplain, be
discharged. The authority under the preceding sentence
applies without regard to the provisions of section 12645 of
this title.
``(b) Effect of Separation.--If an officer separated under
this section is eligible for retirement, the officer may be
retired. If the officer has completed the years of service
required for eligibility for retired pay under chapter 1223
of this title, the officer may be transferred to the Retired
Reserve.
``Sec. 14902. Separation for substandard performance and for
certain other reasons
``(a) Substandard Performance of Duty.--The Secretary of
the military department concerned shall prescribe, by
regulation, procedures for the review at any time of the
record of any reserve officer to determine whether that
officer should be required, because that officer's
performance has fallen below standards prescribed by the
Secretary concerned, to show cause for retention in an active
status.
``(b) Misconduct, Etc.--The Secretary of the military
department concerned shall prescribe, by regulation,
procedures for the review at any time of the record of any
reserve officer to determine whether that officer should be
required, because of misconduct, because of moral or
professional dereliction, or because the officer's retention
is not clearly consistent with the interests of national
security, to show cause for retention in an active status.
``(c) Regulations.--The authority of the Secretary of a
military department under this section shall be carried out
subject to such limitations as the Secretary of Defense may
prescribe by regulation.
``Sec. 14903. Boards of inquiry
``(a) Convening of Boards.--The Secretary of the military
department concerned shall convene a board of inquiry at such
time and place as the Secretary may prescribe to receive
evidence and review the case of any officer who has been
required to show cause for retention in an active status
under section 14902 of this title. Each board of inquiry
shall be composed of not less than three officers who have
the qualifications prescribed in section 14906 of this title.
``(b) Right to Fair Hearing.--A board of inquiry shall give
a fair and impartial hearing to each officer required under
section 14902 of this chapter to show cause for retention in
an active status.
``(c) Recommendations to Secretary.--If a board of inquiry
determines that the officer has failed to establish that the
officer should be retained in an active status, the board
shall recommend to the Secretary concerned that the officer
not be retained in an active status.
``(d) Action by Secretary.--After review of the
recommendation of the board of inquiry, the Secretary may--
``(1) remove the officer from an active status; or
``(2) determine that the case be closed.
``(e) Action in Cases Where Cause for Retention Is
Established.--(1) If a board of inquiry determines that an
officer has established that the officer should be retained
in an active status or if the Secretary determines that the
case be closed, the officer's case is closed.
``(2) An officer who is required to show cause for
retention under section 14902(a) of this title and whose case
is closed under paragraph (1) may not again be required to
show cause for retention under such subsection during the
one-year period beginning on the date of that determination.
``(3)(A) Subject to subparagraph (B), an officer who is
required to show cause for retention under section 14902(b)
of this title and whose case is closed under paragraph (1)
may again be required to show cause for retention at any
time.
``(B) An officer who has been required to show cause for
retention under section 14902(b) of this title and who is
thereafter retained in an active status may not again be
required to show cause for retention under such section
solely because of conduct which was the subject of the
previous proceeding, unless the recommendations of the board
of inquiry that considered the officer's case are determined
to have been obtained by fraud or collusion.
``Sec. 14904. Rights and procedures
``(a) Procedural Rights.--Under regulations prescribed by
the Secretary of Defense, an officer required under section
14902 of this title to show cause for retention in an active
status--
``(1) shall be notified in writing, at least 30 days before
the hearing of the officer's case by a board of inquiry, of
the reasons for which the officer is being required to show
cause for retention in an active status;
``(2) shall be allowed a reasonable time, as determined by
the board of inquiry, to prepare for showing of cause for
retention in an active status;
``(3) shall be allowed to appear in person and to be
represented by counsel at proceedings before the board of
inquiry; and
``(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the case, except
that the board of inquiry shall withhold any record that the
Secretary concerned determines should be withheld in the
interest of national security.
``(b) Summary of Records Withheld.--When a record is
withheld under subsection (a)(4), the officer whose case is
under consideration shall, to the extent that the interest of
national security permits, be furnished a summary of the
record so withheld.
``Sec. 14905. Officer considered for removal: retirement or
discharge
``(a) Voluntary Retirement or Discharge.--At any time
during proceedings under this chapter with respect to the
removal of an officer from an active status, the Secretary of
the military department concerned may grant a request by the
officer--
``(1) for voluntary retirement, if the officer is qualified
for retirement;
``(2) for transfer to the Retired Reserve if the officer
has completed the years of service required for eligibility
for retired pay under chapter 1223 of this title and is
otherwise eligible for transfer to the Retired Reserve; or
``(3) for discharge in accordance with subsection (b)(3).
``(b) Required Retirement or Discharge.--An officer removed
from an active status under section 14903 of this title
shall--
``(1) if eligible for voluntary retirement under any
provision of law on the date of such removal, be retired in
the grade and with the retired pay for which he would be
eligible if retired under that provision;
``(2) if eligible for transfer to the Retired Reserve and
has completed the years of service required for retired pay
under chapter 1223 of this title, be transferred to the
Retired Reserve; and
``(3) if ineligible for retirement or transfer to the
Retired Reserve under paragraph (1) or (2) on the date of
such removal--
``(A) be honorably discharged in the grade then held, in
the case of an officer whose case was brought under
subsection (a) of section 14902 of this title; or
``(B) be discharged in the grade then held, in the case of
an officer whose case was brought under subsection (b) of
section 14902 of this title.
``(c) Separation Pay.--An officer who is discharged under
subsection (b)(3) is entitled, if eligible therefor, to
separation pay under section 1174(c) of this title.
``Sec. 14906. Officers eligible to serve on boards
``(a) Composition of Boards.--(1) Each officer who serves
on a board convened under this chapter shall be an officer of
the same armed force as the officer being required to show
cause for retention in an active status.
``(2) An officer may not serve on a board under this
chapter unless the officer holds a grade above lieutenant
colonel or commander and is senior in grade and rank to any
officer considered by the board.
``(b) Limitation.--A person may not be a member of more
than one board convened under this chapter to consider the
same officer.
``Sec. 14907. Army National Guard of the United States and
Air National Guard of the United States: discharge and
withdrawal of Federal recognition of officers absent
without leave
``(a) Authority To Withdraw Federal Recognition.--If an
officer of the Army National Guard of the United States or
the Air National Guard of the United States has been absent
without leave for three months, the Secretary of the Army or
the Secretary of the Air Force, as appropriate, may--
``(1) terminate the reserve appointment of the officer; and
``(2) withdraw the officer's Federal recognition as an
officer of the National Guard.
``(b) Discharge from Reserve Appointment.--An officer of
the Army National Guard of the United States or the Air
National Guard of the United States whose Federal recognition
as an officer of the National Guard is withdrawn under
section 323(b) of title 32 shall be discharged from the
officer's appointment as a reserve officer of the Army or the
Air Force, as the case may be.''.
PART II--CONFORMING AMENDMENTS
SEC. 1221. DEFINITION OF RESERVE ACTIVE-STATUS LIST.
Section 101(c) is amended by adding at the end the
following new paragraph:
``(7) The term `reserve active-status list' means a single
list for the Army, Navy, Air Force, or Marine Corps (required
to be maintained under section 14002 of this title) that
contains the names of all officers of that armed force except
warrant officers (including commissioned warrant officers)
who are in an active status in a reserve component of the
Army, Navy, Air Force, or Marine Corps and are not on an
active-duty list.''.
SEC. 1222. AUTHORITY TO SUSPEND OFFICER PERSONNEL LAWS DURING
WAR OR NATIONAL EMERGENCY.
(a) Authority.--Section 123 is amended to read as follows:
``Sec. 123. Authority to suspend officer personnel laws
during war or national emergency
``(a) In time of war, or of national emergency declared by
Congress or the President after November 30, 1980, the
President may suspend the operation of any provision of law
relating to the promotion, involuntary retirement, or
separation of commissioned officers of the Army, Navy, Air
Force, Marine Corps, or Coast Guard Reserve. So long as such
war or national emergency continues, any such suspension may
be extended by the President.
``(b) Any such suspension shall, if not sooner ended, end
on the last day of the two-year period beginning on the date
on which the suspension (or the last extension thereof) takes
effect or on the last day of the one-year period beginning on
the date of the termination of the war or national emergency,
whichever occurs first. With respect to the end of any such
suspension, the preceding sentence supersedes the provisions
of title II of the National Emergencies Act (50 U.S.C. 1621-
1622) which provide that powers or authorities exercised by
reason of a national emergency shall cease to be exercised
after the date of the termination of the emergency.
``(c) If a provision of law pertaining to the promotion of
reserve officers is suspended under this section and if the
Secretary of Defense submits to Congress proposed legislation
to adjust the grades and dates of rank of reserve
commissioned officers other than commissioned warrant
officers, such proposed legislation shall, so far as
practicable, be the same as that recommended for adjusting
the grades and dates of rank of officers of the regular
component of the armed force concerned.''.
(b) Conforming Repeal.--Section 644 is repealed.
SEC. 1223. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE
AUTHORITY TO RECOMMEND THAT RESERVE OFFICERS
CONSIDERED FOR PROMOTION BE REQUIRED TO SHOW
CAUSE FOR RETENTION ON ACTIVE DUTY.
Section 617(b) is amended--
(1) by inserting ``or reserve'' after ``any regular''; and
(2) by inserting ``or 1411'' after ``chapter 60''.
SEC. 1224. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS
DURING WAR OR NATIONAL EMERGENCY.
Section 641 is amended--
(1) by inserting ``(a)'' before ``Officers in the
following''; and
(2) by adding at the end the following:
``(b) Under regulations prescribed by the Secretary of the
military department concerned, a reserve officer who is
ordered to active duty (whether voluntarily or involuntarily)
during a war or national emergency and who would otherwise be
placed on the active-duty list may be excluded from that list
as determined by the Secretary concerned. Exclusion of an
officer from the active-duty list as the result of action by
the Secretary concerned under the preceding sentence shall
expire not later than 24 months after the date on which the
officer enters active duty under an order to active duty
covered by that sentence.''.
SEC. 1225. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO
ACTIVE DUTY.
Section 689 is amended--
(1) by inserting ``or full-time National Guard duty'' after
``active duty'' the first two places it appears; and
(2) by inserting ``and placed on the active-duty list''
after ``active duty'' the third place it appears.
SEC. 1226. DATE OF RANK.
Section 741(d)(3) is amended--
(1) by inserting ``or who is transferred from an inactive
status to an active status and placed on the active-duty list
or the reserve active-status list'' after ``warrant officer
(W-5)'';
(2) by inserting ``or reserve active-status list'' after
``active-duty list'' the second place it appears; and
(3) by adding at the end: ``The authority to change the
date of rank of a reserve officer who is placed on the
active-duty list to a later date does not apply in the case
of an officer who (A) has served continuously in the Selected
Reserve of the Ready Reserve since the officer's last
promotion, or (B) is placed on the active-duty list while on
a promotion list as described in section 14317(b) of this
title.''.
SEC. 1227. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE IN
CASE OF OFFICERS HAVING TWICE FAILED OF
SELECTION FOR CAPTAIN OR NAVY LIEUTENANT.
Section 1005(b) is amended--
(1) by striking out ``or'' at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(3) an officer on the active-duty list or reserve active-
status list who has failed of selection for promotion for the
second time to the grade of captain, in the case of an
officer of the Army, Air Force, or Marine Corps, or to the
grade of lieutenant, in the case of an officer of the Navy;
or
``(4) an officer whose discharge or transfer from an active
status is required by law.''.
SEC. 1228. CONFORMING AMENDMENTS RELATING TO NAVY AND MARINE
CORPS OFFICERS.
Section 6389 is amended--
(1) in subsection (a)--
(A) by inserting ``while on the active-duty list'' after
``to the next higher grade''; and
(B) by striking out the period at the end and inserting in
lieu thereof ``or released from active duty and placed on the
reserve active-status list.'';
(2) in subsection (b), by striking out ``or (f)'';
(3) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking out ``lieutenant commander or above'' both
places it appears and inserting in lieu thereof ``lieutenant
commander or commander'';
(C) by striking out ``major or above'' both places it
appears and inserting in lieu thereof ``major or lieutenant
colonel'';
(D) by inserting ``while on the active-duty list'' after
``to the next higher grade'' in the first sentence; and
(E) in the table--
(i) by striking out the line relating to the grades of
captain in the Navy and colonel in the Marine Corps; and
(ii) by striking out ``26 years'' and inserting in lieu
thereof ``28 years'';
(F) by designating the sentence after the table as
paragraph (2) and in that sentence striking out ``the first
sentence of this subsection'' and inserting in lieu thereof
``the first sentence of paragraph (1)'';
(G) by designating the next sentence as paragraph (3) and
in that sentence striking out ``the first two sentences of
this subsection'' and inserting in lieu thereof ``paragraph
(1)''; and
(H) by designating the last sentence as paragraph (4) and
in that sentence--
(i) striking out ``the first two sentences of this
subsection'' and inserting in lieu thereof ``paragraph (1)'';
and
(ii) striking out ``captain or''; and
(4) by striking out subsections (e), (f), and (g).
SEC. 1229. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS.
(a) Army Provisions.--
(1) Chapter 337, relating to appointments as reserve
officers (other than sections 3351 and 3352), is repealed.
(2) Chapter 361, relating to separation for various
reasons, is repealed.
(3) Chapter 363, relating to separation or transfer to the
Retired Reserve, is repealed.
(b) Navy and Marine Corps Provisions.--
(1) Chapter 541, relating to running mates as reserve
officers, is repealed.
(2) Chapter 549, relating to reserve promotions, is
repealed.
(3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed.
(c) Air Force Provisions.--
(1) Chapter 837, relating to appointments as reserve
officers (other than sections 8351 and 8352), is repealed.
(2) Sections 8819 and 8820 are repealed.
(3) Chapter 863, relating to separation or transfer to the
Retired Reserve, is repealed.
SEC. 1230. AMENDMENTS TO TITLE 32, UNITED STATES CODE.
Title 32, United States Code, is amended as follows:
(1) Sections 309 and 310 are amended to read as follows:
``Sec. 309. Federal recognition of National Guard officers:
officers promoted to fill vacancies
``Each officer of the National Guard who is promoted to
fill a vacancy in a federally recognized unit of the National
Guard, and who has been on the reserve active-status list or
the active-duty list of the Army or the Air Force for at
least one year and has completed the minimum years of service
in grade specified in section 14303 of title 10, shall be
examined for Federal recognition in the grade to which the
officer is promoted.
``Sec. 310. Federal recognition of National Guard officers:
automatic recognition
``(a) Notwithstanding sections 307 and 309 of this title,
if a second lieutenant of the National Guard is promoted to
the grade of first lieutenant to fill a vacancy in a
federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade of first lieutenant, effective as of the date on which
that officer has completed the service in the grade specified
in section 14303(a)(1) of title 10 and has met such other
requirements as prescribed by the Secretary concerned under
section 14308(b) of that title, if the officer has remained
in an active status since the officer was so recommended.
``(b) Notwithstanding sections 307 and 309 of this title,
if an officer of the Army Reserve or the Air Force Reserve in
a reserve grade above second lieutenant is appointed in the
next higher grade in the National Guard to fill a vacancy in
a federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade in which the officer is so appointed in the National
Guard if the officer has been recommended for promotion under
chapter 1405 of title 10 and has remained in an active status
since the officer was so recommended. The extension of
Federal recognition under this subsection is effective as of
the date when the officer is appointed in the National
Guard.''.
(2) Section 323 is amended by striking out subsections (d)
and (e) and inserting in lieu thereof the following:
``(d) The Federal recognition of a reserve commissioned
officer of the Army or the Air Force who is--
``(1) federally recognized as an officer of the National
Guard; and
``(2) subject to involuntary transfer to the Retired
Reserve, transfer to an inactive status list, or discharge
under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of
such involuntary transfer or discharge.''.
Subtitle B--Other Personnel Policy Amendments
PART I--APPOINTMENTS
SEC. 1231. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF
WOMEN IN RESERVE COMPONENTS.
(a) Enlistments.--Section 510 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Appointment of Officers.--Section 591 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 1232. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF
LIEUTENANT COLONEL AND COMMANDER.
Section 593(a) is amended--
(1) in the first sentence, by striking out ``Reserves in
commissioned grades below lieutenant colonel and commander''
and inserting in lieu thereof ``reserve officers in
commissioned grades of lieutenant colonel and commander or
below''; and
(2) in the second sentence, by striking out ``Reserves in
commissioned grades above major and lieutenant commander''
and inserting in lieu thereof ``reserve officers in
commissioned grades above lieutenant colonel and commander''.
SEC. 1233. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN
RESERVE COMPONENTS.
Chapter 34 is amended by inserting after section 596 the
following new section:
``Sec. 596a. Commissioned officers: appointment of former
commissioned officers
``Under regulations prescribed by the Secretary of Defense,
a person who is a former commissioned officer may, if
otherwise qualified, be appointed as a reserve officer of the
Army, Navy, Air Force, or Marine Corps. A person so
appointed--
``(1) may be placed on the reserve active-status list of
that armed force in the grade equivalent to the permanent
regular or reserve grade, and in the same competitive
category, in which the person previously served
satisfactorily on active duty or in an active status; and
``(2) may be credited for the purpose of determining date
of rank under section 741(d) of this title with service in
grade equal to that held by that person when discharged or
separated.''.
SEC. 1234. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS IN
RESERVE COMPONENTS WITH QUALIFYING EDUCATION OR
EXPERIENCE.
Chapter 34 is further amended by inserting after section
596a (as added by section 1233) the following new section:
``Sec. 596b. Commissioned officers: service credit upon
original appointment
``(a)(1) For the purpose of determining the grade and the
rank within grade of a person receiving an original
appointment as a reserve commissioned officer (other than a
commissioned warrant officer) in the Army, Navy, Air Force,
or Marine Corps, the person shall be credited at the time of
the appointment with any commissioned service (other than
service as a commissioned warrant officer) performed before
such appointment as a regular officer, or as a reserve
officer in an active status, in any armed force, the National
Oceanic and Atmospheric Administration, or the Public Health
Service.
``(2) The Secretary of Defense shall prescribe regulations,
which shall apply uniformly among the Army, Navy, Air Force,
and Marine Corps, to authorize the Secretary of the military
department concerned to limit the amount of prior
commissioned service with which a person receiving an
original appointment may be credited under paragraph (1), or
to deny any such credit, in the case of a person who at the
time of such appointment is credited with constructive
service under subsection (b).
``(b)(1) Under regulations prescribed by the Secretary of
Defense, a person who is receiving an original appointment as
a reserve commissioned officer (other than a commissioned
warrant officer) of the Army, Navy, Air Force, or Marine
Corps, or a designation in, or an assignment to, an officer
category in which advanced education or training is required
and who has advanced education or training, shall be credited
with constructive service for such education, training, or
experience, as follows:
``(A) One year for each year of advanced education beyond
the baccalaureate degree level, for persons appointed or
designated in, or assigned to, officer categories requiring
such advanced education or an advanced degree as a
prerequisite for such appointment, designation, or
assignment. In determining the number of years of
constructive service to be credited under this subparagraph
to officers in any professional field, the Secretary
concerned shall credit an officer with, but with not more
than, the number of years of advanced education required by a
majority of institutions that award degrees in that
professional field for completion of the advanced education
or award of the advanced degree.
``(B)(i) Credit for any period of advanced education in a
health profession (other than medicine and dentistry) beyond
the baccalaureate degree level which exceeds the basic
education criteria for such appointment, designation, or
assignment, if such advanced education will be directly used
by the armed force concerned.
``(ii) Credit for experience in a health profession (other
than medicine or dentistry), if such experience will be
directly used by the armed force concerned.
``(C) Additional credit of (i) not more than one year for
internship or equivalent graduate medical, dental, or other
formal health professional training required by the armed
forces, and (ii) not more than one year for each additional
year of such graduate-level training or experience creditable
toward certification in a speciality required by the armed
force concerned.
``(D) Additional credit, in unusual cases, based on special
experience in a particular field.
``(E) Additional credit for experience as a physician or
dentist, if appointed, assigned, or designated as a medical
or dental officer.
``(2) If the Secretary of Defense determines that the
number of medical or dental officers serving in an active
status in a reserve component of the Army, Navy, or Air Force
in grades below major or lieutenant commander is critically
below the number needed by such reserve component in such
grades, the Secretary of Defense may authorize the Secretary
of the military department concerned to credit any person who
is receiving an original appointment for service as a medical
or dental officer with a period of constructive credit in
such amount (in addition to any amount credited such person
under subsection (b)) as will result in the grade of such
person being that of captain or, in the case of the Naval
Reserve, lieutenant.
``(3) Except as authorized by the Secretary concerned in
individual cases and under regulations prescribed by the
Secretary of Defense in the case of a medical or dental
officer, the amount of constructive service credited an
officer under this subsection may not exceed the amount
required in order for the officer to be eligible for an
original appointment as a reserve officer of the Army, Air
Force, or Marine Corps in the grade of major or as a reserve
officer of the Navy in the grade of lieutenant commander.
``(4) Constructive service credited an officer under this
subsection is in addition to any service credited that
officer under subsection (a) and shall be credited at the
time of the original appointment of the officer or assignment
to or designation in an officer category in which advanced
education or training or special experience is required.
``(c) Constructive service may not be credited under
subsection (b) for education, training, or experience
obtained while serving as a commissioned officer (other than
a warrant officer) on active duty or in an active status.
However, in the case of an officer who completes advanced
education or receives an advanced degree while on active duty
or in an active status and in less than the number of years
normally required to complete such advanced education or
receive such advanced degree, constructive service may,
subject to regulations prescribed under subsection (a)(2), be
credited to the officer under subsection (b)(1)(A) to the
extent that the number of years normally required to complete
such advanced education or receive such advanced degree
exceeds the actual number of years in which such advanced
education or degree is obtained by the officer.
``(d) If the Secretary of Defense determines that the
number of qualified judge advocates serving on the active-
duty list of the Army, Navy, Air Force, or Marine Corps in
grades below lieutenant commander or major is critically
below the number needed by that armed force in those grades,
the Secretary of Defense may authorize the Secretary of the
military department concerned to credit any person who is
receiving an original appointment with a view to assignment
to the Judge Advocate General's Corps of the Army or
appointment to the Judge Advocate General's Corps of the
Navy, or who is receiving an original appointment in the Air
Force or Marine Corps with a view to designation as a judge
advocate, with a period of constructive service in such an
amount (in addition to any amount credited such person under
subsection (b)) as will result in the grade of such person
being that of captain or, in the case of the Navy,
lieutenant, and the date of rank of such person being junior
to that of all other officers of the same grade serving on
the active-duty list.
``(e) Constructive service credited an officer under
subsection (b) or (d) shall be used only for determining the
officer's--
``(1) initial grade as a reserve officer;
``(2) rank in grade; and
``(3) service in grade for promotion eligibility.
``(f) The grade and position on the reserve active-status
list of a person receiving an appointment as a reserve
officer who at the time of appointment is credited with
service under this section shall be determined under
regulations prescribed by the Secretary of Defense based upon
the amount of service credited.''.
SEC. 1235. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF
ARMY OFFICERS TO RETIRED RESERVE.
(a) Interim Repeal of Obsolete Provision.--Effective for
the period beginning on the date of the enactment of this Act
and ending on the effective date specified in section 1291,
section 3853 is amended by striking out ``the greater of--''
and all that follows and inserting in lieu thereof ``the sum
of the following:
``(1) The officer's years of service as a commissioned
officer of any component of the armed forces or of the Army
without specification of component.
``(2) The officer's years of service in a federally
recognized commissioned status in the National Guard if his
service in the National Guard was continuous from the date of
his Federal recognition as an officer in the National Guard
to the date of his appointment in the National Guard of the
United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to transfers to the Retired Reserve
and to discharges on or after the date of the enactment of
this Act.
SEC. 1236. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT
AUTHORITIES.
(a) Army Reserve Officers Appointed in Temporary Grades.--
Section 3352(a) is amended by striking out the second
sentence.
(b) Air Force Aviation Cadets.--Section 8356 is repealed.
(c) Redundant Statement of Authority.--Section 8379 is
repealed.
PART II--SEPARATION AND RETIREMENT
SEC. 1241. COMPUTATION OF HIGHEST GRADE IN WHICH
SATISFACTORILY SERVED FOR RESERVE COMMISSIONED
OFFICERS AND FORMER OFFICERS.
Section 1370 is amended by adding at the end the following
new subsection:
``(d)(1) Unless entitled to a higher grade, or to credit
for satisfactory service in a higher grade, under some other
provision of law, a person who is entitled to retired pay
under chapter 1225 of this title shall, upon application
under section 12731 of this title, be credited with
satisfactory service in the highest grade in which that
person served satisfactorily at any time in the armed forces,
as determined by the Secretary concerned in accordance with
this subsection.
``(2)(A) In order to be credited with satisfactory service
in an officer grade (other than a warrant officer grade)
below the grade of lieutenant colonel or commander, a person
covered by paragraph (1) must have served satisfactorily in
that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer in an
active status, or in a retired status on active duty, for not
less than six months.
``(B) In order to be credited with satisfactory service in
an officer grade above major or lieutenant commander and
below lieutenant general or vice admiral, a person covered by
paragraph (1) must have served satisfactorily in that grade
(as determined by the Secretary of the military department
concerned) as a reserve commissioned officer in an active
status, or in a retired status on active duty, for not less
than three years. A person covered by the preceding sentence
who has completed at least six months of satisfactory service
in grade and is transferred from an active status or
discharged as a reserve commissioned officer solely due to
the requirements of a nondiscretionary provision of law
requiring that transfer or discharge due to the person's age
or years of service may be credited with satisfactory service
in the grade in which serving at the time of such transfer or
discharge, notwithstanding failure of the person to complete
three years of service in that grade.
``(3) A person whose length of service in the highest grade
held does not meet the service in grade requirements
specified in this subsection shall be credited with
satisfactory service in the next lower grade in which that
person served satisfactorily (as determined by the Secretary
of the military department concerned) for not less than six
months.''.
PART III--OTHER AMENDMENTS
SEC. 1251. TENURE IN OFFICE OF CHIEF OF NATIONAL GUARD
BUREAU.
Section 3040(c) is amended by adding at the end the
following new sentence: ``While holding that office, the
Chief of the National Guard Bureau may not be removed from
the reserve active-status list, or from an active status,
under any provision of law that otherwise would require such
removal due to completion of a specified number of years of
service or a specified number of years of service in
grade.''.
SEC. 1252. RIGHT TO REENLIST IN REGULAR ARMY OR REGULAR AIR
FORCE AFTER SERVICE AS AN OFFICER.
(a) Army.--Section 3258 is amended--
(1) by striking out ``Any former enlisted member'' and
inserting in lieu thereof ``(a) Subject to subsections (b)
and (c), a former enlisted member'';
(2) by striking out the last sentence; and
(3) by adding at the end the following:
``(b) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that person
is discharged or released from active duty from service as an
officer described in that subsection--
``(1) because that person's performance of duty while
serving as such an officer has fallen below standards
prescribed by the Secretary of Defense;
``(2) because of misconduct or moral or professional
dereliction; or
``(3) because retention of that person as an officer is not
clearly consistent with the interest of national security.
``(c) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that
person's status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.''.
(b) Air Force.--Section 8258 is amended--
(1) by striking out ``Any former enlisted member'' and
inserting in lieu thereof ``(a) Subject to subsections (b)
and (c), a former enlisted member'';
(2) by striking out the last sentence; and
(3) by adding at the end the following:
``(b) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that person
is discharged or released from active duty from service as an
officer described in that subsection--
``(1) because that person's performance of duty while
serving as such an officer has fallen below standards
prescribed by the Secretary of Defense;
``(2) because of misconduct or moral or professional
dereliction; or
``(3) because retention of that person as an officer is not
clearly consistent with the interest of national security.
``(c) A person who is a former enlisted member is not
entitled to be reenlisted under subsection (a) if that
person's status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.''.
Subtitle C--Reorganization and Consolidation of Laws Relating to
Reserve Components
SEC. 1261. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION
OF RESERVE COMPONENTS.
(a) Reserve Components Generally.--(1) Subtitle E, as added
by section 1211, is amended by inserting after the table of
chapters at the beginning of the subtitle the following:
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap Sec.
``1001. Definitions...........................................10001....
``1003. Reserve Components Generally..........................10101....
``1005. Elements of Reserve Components........................10141....
``1007. Administration of Reserve Components..................10201....
``1009. Reserve Forces Policy Boards and Committees...........10301....
``1011. National Guard Bureau.................................10501....
``1013. Budget Information and Annual Reports to Congress.....10541....
``CHAPTER 1001--DEFINITIONS
``Sec.
``10001. Definition of State.
``Sec. 10001. Definition of State
``In this subtitle, the term `State' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, and Guam.
``CHAPTER 1003--RESERVE COMPONENTS GENERALLY
``Sec.
``10101. Reserve components named.
``10102. Purpose of reserve components.
``10103. Basic policy for order of National Guard into Federal service.
``10104. Army Reserve: composition.
``10105. Army National Guard of the United States: composition.
``10106. Army National Guard: when a component of the Army.
``10107. Army National Guard of the United States: status when not in
Federal service.
``10108. Naval Reserve: administration.
``10109. Marine Corps Reserve: administration.
``10110. Air Force Reserve: composition.
``10111. Air National Guard of the United States: composition.
``10112. Air National Guard: when a component of the Air Force.
``10113. Air National Guard of the United States: status when not in
Federal service.
``10114. Coast Guard Reserve.
``Sec. 10101. Reserve components named
``The reserve components of the armed forces are:
``(1) The Army National Guard of the United States.
``(2) The Army Reserve.
``(3) The Naval Reserve.
``(4) The Marine Corps Reserve.
``(5) The Air National Guard of the United States.
``(6) The Air Force Reserve.
``(7) The Coast Guard Reserve.
``Sec. 10102. Purpose of reserve components
``The purpose of each reserve component is to provide
trained units and qualified persons available for active duty
in the armed forces, in time of war or national emergency,
and at such other times as the national security may require,
to fill the needs of the armed forces whenever, during and
after the period needed to procure and train additional units
and qualified persons to achieve the planned mobilization,
more units and persons are needed than are in the regular
components.
``Sec. 10103. Basic policy for order of the National Guard
and reserve components to active duty
``Whenever Congress determines that more units and
organizations are needed for the national security than are
in the regular components of the ground and air forces, the
Army National Guard of the United States and the Air National
Guard of the United States, or such parts of them as are
needed, together with units of other reserve components
necessary for a balanced force, shall be ordered to active
duty and retained as long as so needed.
``Sec. 10104. Army Reserve: composition
``The Army Reserve includes all Reserves of the Army who
are not members of the Army National Guard of the United
States.
``Sec. 10105. Army National Guard of the United States:
composition
``The Army National Guard of the United States is the
reserve component of the Army that consists of--
``(1) federally recognized units and organizations of the
Army National Guard; and
``(2) members of the Army National Guard who are also
Reserves of the Army.
``Sec. 10106. Army National Guard: when a component of the
Army
``The Army National Guard while in the service of the
United States is a component of the Army.
``Sec. 10107. Army National Guard of the United States:
status when not in Federal service
``When not on active duty, members of the Army National
Guard of the United States shall be administered, armed,
equipped, and trained in their status as members of the Army
National Guard.
``Sec. 10108. Naval Reserve: administration
``(a) The Naval Reserve is the reserve component of the
Navy. It shall be organized, administered, trained, and
supplied under the direction of the Chief of Naval
Operations.
``(b) The bureaus and offices of the executive part of the
Department of the Navy have the same relation and
responsibility to the Naval Reserve as they do to the Regular
Navy.
``Sec. 10109. Marine Corps Reserve: administration
``(a) The Marine Corps Reserve is the reserve component of
the Marine Corps. It shall be organized, administered,
trained, and supplied under the direction of the Commandant
of the Marine Corps.
``(b) The departments and offices of Headquarters, Marine
Corps have the same relation and responsibilities to the
Marine Corps Reserve as they do to the Regular Marine Corps.
``Sec. 10110. Air Force Reserve: composition
``The Air Force Reserve is a reserve component of the Air
Force to provide a reserve for active duty. It consists of
the members of the officers' section of the Air Force Reserve
and of the enlisted section of the Air Force Reserve. It
includes all Reserves of the Air Force who are not members of
the Air National Guard of the United States.
``Sec. 10111. Air National Guard of the United States:
composition
``The Air National Guard of the United States is the
reserve component of the Air Force that consists of--
``(1) federally recognized units and organizations of the
Air National Guard; and
``(2) members of the Air National Guard who are also
Reserves of the Air Force.
``Sec. 10112. Air National Guard: when a component of the Air
Force
``The Air National Guard while in the service of the United
States is a component of the Air Force.
``Sec. 10113. Air National Guard of the United States: status
when not in Federal service
``When not on active duty, members of the Air National
Guard of the United States shall be administered, armed,
equipped, and trained in their status as members of the Air
National Guard.
``Sec. 10114. Coast Guard Reserve
``As provided in section 701 of title 14, the Coast Guard
Reserve is a component of the Coast Guard and is organized,
administered, trained, and supplied under the direction of
the Commandant of the Coast Guard. Laws applicable to the
Coast Guard Reserve are set forth in chapter 21 of title 14
(14 U.S.C. 701 et seq.).
``CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS
``Sec.
``10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and
status of members; training categories.
``10142. Ready Reserve generally.
``10143. Ready Reserve: Selected Reserve.
``10144. Ready Reserve: Individual Ready Reserve.
``10145. Ready Reserve: placement in.
``10146. Ready Reserve: transfer from.
``10147. Ready Reserve: training requirements.
``10148. Ready Reserve: failure to satisfactorily perform prescribed
training.
``10149. Ready Reserve: continuous screening.
``10150. Ready Reserve: transfer back from Standby Reserve.
``10151. Standby Reserve: composition.
``10152. Standby Reserve: inactive status list.
``10153. Standby Reserve: status of members.
``10154. Retired Reserve.
``Sec. 10141. Ready Reserve; Standby Reserve; Retired
Reserve: placement and status of members; training
categories
``(a) There are in each armed force a Ready Reserve, a
Standby Reserve, and a Retired Reserve. Each Reserve shall be
placed in one of those categories.
``(b) Reserves who are on the inactive status list of a
reserve component, or who are assigned to the inactive Army
National Guard or the inactive Air National Guard, are in an
inactive status. Members in the Retired Reserve are in a
retired status. All other Reserves are in an active status.
``(c) As prescribed by the Secretary concerned, each
reserve component except the Army National Guard of the
United States and the Air National Guard of the United States
shall be divided into training categories according to the
degrees of training, including the number and duration of
drills or equivalent duties to be completed in stated
periods. The designation of training categories shall be the
same for all armed forces and the same within the Ready
Reserve and the Standby Reserve.
``Sec. 10142. Ready Reserve
``(a) The Ready Reserve consists of units or Reserves, or
both, liable for active duty as provided in sections 12301
and 12302 of this title.
``(b) The authorized strength of the Ready Reserve is
2,900,000.
``Sec. 10143. Ready Reserve: Selected Reserve
``(a) Within the Ready Reserve of each of the reserve
components there is a Selected Reserve. The Selected Reserve
consists of units, and, as designated by the Secretary
concerned, of Reserves, trained as prescribed in section
10147(a)(1) of this title or section 502(a) of title 32, as
appropriate.
``(b) The organization and unit structure of the Selected
Reserve shall be approved--
``(1) in the case of all reserve components other than the
Coast Guard Reserve, by the Secretary of Defense based upon
recommendations from the military departments as approved by
the Chairman of the Joint Chiefs of Staff in accordance with
contingency and war plans; and
``(2) in the case of the Coast Guard Reserve, by the
Secretary of Transportation upon the recommendation of the
Commandant of the Coast Guard.
``Sec. 10144. Ready Reserve: Individual Ready Reserve
``Within the Ready Reserve of each of the reserve
components there is an Individual Ready Reserve. The
Individual Ready Reserve consists of those members of the
Ready Reserve who are not in the Selected Reserve or the
inactive National Guard.
``Sec. 10145. Ready Reserve: placement in
``(a) Each person required under law to serve in a reserve
component shall, upon becoming a member, be placed in the
Ready Reserve of his armed force for his prescribed term of
service, unless he is transferred to the Standby Reserve
under section 10146(a) of this title.
``(b) The units and members of the Army National Guard of
the United States and of the Air National Guard of the United
States are in the Ready Reserve of the Army and the Ready
Reserve of the Air Force, respectively.
``(c) All Reserves assigned to units organized to serve as
units and designated as units in the Ready Reserve are in the
Ready Reserve.
``(d) Under such regulations as the Secretary concerned may
prescribe, any qualified member of a reserve component or any
qualified retired enlisted member of a regular component may,
upon his request, be placed in the Ready Reserve. However, a
member of the Retired Reserve entitled to retired pay or a
retired enlisted member of a regular component may not be
placed in the Ready Reserve unless the Secretary concerned
makes a special finding that the member's services in the
Ready Reserve are indispensable. The Secretary concerned may
not delegate his authority under the preceding sentence.
``Sec. 10146. Ready Reserve: transfer from
``(a) Subject to subsection (c) and under regulations
prescribed by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, a member in the Ready
Reserve may be transferred to the Standby Reserve.
``(b) A Reserve who is qualified and so requests may be
transferred to the Retired Reserve under regulations
prescribed by the Secretary concerned and, in the case of the
Secretary of a military department, approved by the Secretary
of Defense.
``(c) A member of the Army National Guard of the United
States or the Air National Guard of the United States may be
transferred to the Standby Reserve only with the consent of
the governor or other appropriate authority of the State.
``Sec. 10147. Ready Reserve: training requirements
``(a) Except as specifically provided in regulations to be
prescribed by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, each person who is
enlisted, inducted, or appointed in an armed force, and who
becomes a member of the Ready Reserve under any provision of
law except section 513 or 10145(b) of this title, shall be
required, while in the Ready Reserve, to--
``(1) participate in at least 48 scheduled drills or
training periods during each year and serve on active duty
for training of not less than 14 days (exclusive of
traveltime) during each year; or
``(2) serve on active duty for training not more than 30
days during each year.
``(b) A member who has served on active duty for one year
or longer may not be required to perform a period of active
duty for training if the first day of that period falls
during the last 120 days of the member's required membership
in the Ready Reserve.
``Sec. 10148. Ready Reserve: failure to satisfactorily
perform prescribed training
``(a) A member of the Ready Reserve covered by section
10147 of this title who fails in any year to perform
satisfactorily the training duty prescribed in that section,
as determined by the Secretary concerned under regulations
prescribed by the Secretary of Defense, may be ordered
without his consent to perform additional active duty for
training for not more than 45 days. If the failure occurs
during the last year of his required membership in the Ready
Reserve, his membership is extended until he performs that
additional active duty for training, but not for more than
six months.
``(b) A member of the Army National Guard of the United
States or the Air National Guard of the United States who
fails in any year to perform satisfactorily the training duty
prescribed by or under law for members of the Army National
Guard or the Air National Guard, as the case may be, as
determined by the Secretary concerned, may, upon the request
of the Governor of the State (or, in the case of the District
of Columbia, the commanding general of the District of
Columbia National Guard) be ordered, without his consent, to
perform additional active duty for training for not more than
45 days. A member ordered to active duty under this
subsection shall be ordered to duty as a Reserve of the Army
or as a Reserve of the Air Force, as the case may be.
``Sec. 10149. Ready Reserve: continuous screening
``(a) Under regulations to be prescribed by the President,
the Secretary concerned shall provide a system of continuous
screening of units and members of the Ready Reserve to ensure
the following:
``(1) That there will be no significant attrition of those
members or units during a mobilization.
``(2) That there is a proper balance of military skills.
``(3) That except for those with military skills for which
there is an overriding requirement, members having critical
civilian skills are not retained in numbers beyond the need
for those skills.
``(4) That with due regard to national security and
military requirements, recognition will be given to
participation in combat.
``(5) That members whose mobilization in an emergency would
result in an extreme personal or community hardship are not
retained in the Ready Reserve.
``(b) Under regulations to be prescribed by the Secretary
of Defense, and by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a
service in the Navy, a member of the Ready Reserve who is
designated as a member not to be retained in the Ready
Reserve as a result of screening under subsection (a) shall,
as appropriate, be--
``(1) transferred to the Standby Reserve;
``(2) discharged; or
``(3) if the member is eligible and applies therefor,
transferred to the Retired Reserve.
``Sec. 10150. Ready Reserve: transfer back from Standby
Reserve
``Under regulations to be prescribed by the Secretary of
Defense, and by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Navy, a member of the Standby Reserve who has not
completed his required period of service in the Ready Reserve
may be transferred to the Ready Reserve when the reason for
his transfer to the Standby Reserve no longer exists.
``Sec. 10151. Standby Reserve: composition
``The Standby Reserve consists of those units or members,
or both, of the reserve components, other than those in the
Ready Reserve or Retired Reserve, who are liable for active
duty only as provided in sections 12301 and 12306 of this
title.
``Sec. 10152. Standby Reserve: inactive status list
``(a) An inactive status list shall be maintained in the
Standby Reserve. Whenever an authority designated by the
Secretary concerned considers that it is in the best interest
of the armed force concerned, a member in the Standby Reserve
who is not required to remain a Reserve, and who cannot
participate in prescribed training, may, if qualified, be
transferred to the inactive status list under regulations to
be prescribed by the Secretary concerned. These regulations
shall fix the conditions under which such a member is
entitled to be returned to an active status.
``Sec. 10153. Standby Reserve: status of members
``While in an inactive status, a Reserve is not eligible
for pay or promotion and (as provided in section 12734(a) of
this title) does not accrue credit for years of service under
chapter 1223 of this title.
``Sec. 10154. Retired Reserve
``The Retired Reserve consists of the following Reserves:
``(1) Reserves who are or have been retired under section
3911, 6323, or 8911 of this title or under section 291 of
title 14.
``(2) Reserves who have been transferred to the Retired
Reserve upon their request, retain their status as Reserves,
and are otherwise qualified.
``CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
``Sec.
``10201. Assistant Secretary of Defense for Reserve Affairs.
``10202. Regulations.
``10203. Reserve affairs: designation of general or flag officer of
each armed force.
``10204. Personnel records.
``10205. Members of Individual Ready Reserve: requirement of
notification of change of status.
``10206. Members: periodic physical examinations.
``10207. Mobilization forces: maintenance.
``10208. Annual mobilization exercise.
``10209. Regular and reserve components: discrimination prohibited.
``10210. Dissemination of information.
``10211. Policies and regulations: participation of reserve officers in
preparation and administration.
``10212. Gratuitous services of officers: authority to accept.
``10213. Reserve components: dual membership prohibited.
``10214. Adjutants general and assistant adjutants general: reference
to other officers of National Guard.
``10215. Officers of Army National Guard of the United States and Air
National Guard of the United States: authority with
respect to Federal status.
``Sec. 10201. Assistant Secretary of Defense for Reserve
Affairs
``As provided in section 138(b)(2) of this title, the
official in the Department of Defense with responsibility for
overall supervision of reserve component affairs of the
Department of Defense is the Assistant Secretary of Defense
for Reserve Affairs.
``Sec. 10202. Regulations
``(a) Subject to standards, policies, and procedures
prescribed by the Secretary of Defense, the Secretary of each
military department shall prescribe such regulations as the
Secretary considers necessary to carry out provisions of law
relating to the reserve components under the Secretary's
jurisdiction.
``(b) The Secretary of Transportation, with the concurrence
of the Secretary of the Navy, shall prescribe such
regulations as the Secretary considers necessary to carry out
all provisions of law relating to the reserve components
insofar as they relate to the Coast Guard, except when the
Coast Guard is operating as a service in the Navy.
``(c) So far as practicable, regulations for all reserve
components shall be uniform.
``Sec. 10203. Reserve affairs: designation of general or flag
officer of each armed force
``(a) The Secretary of the Army may designate a general
officer of the Army to be directly responsible for reserve
affairs to the Chief of Staff of the Army.
``(b) The Secretary of the Navy may designate a flag
officer of the Navy to be directly responsible for reserve
affairs to the Chief of Naval Operations and a general
officer of the Marine Corps to be directly responsible for
reserve affairs to the Commandant of the Marine Corps.
``(c) The Secretary of the Air Force may designate a
general officer of the Air Force to be directly responsible
for reserve affairs to the Chief of Staff of the Air Force.
``(d) The Secretary of Transportation may designate a flag
officer of the Coast Guard to be directly responsible for
reserve affairs to the Commandant of the Coast Guard.
``(e) This section does not affect the functions of the
Chief of the National Guard Bureau, the Chief of Army
Reserve, or the Chief of Air Force Reserve.
``Sec. 10204. Personnel records
``(a) The Secretary concerned shall maintain adequate and
current personnel records of each member of the reserve
components under the Secretary's jurisdiction showing the
following with respect to the member:
``(1) Physical condition.
``(2) Dependency status.
``(3) Military qualifications.
``(4) Civilian occupational skills.
``(5) Availability for service.
``(6) Such other information as the Secretary concerned may
prescribe.
``(b) Under regulations to be prescribed by the Secretary
of Defense, the Secretary of each military department shall
maintain a record of the number of members of each class of
each reserve component who, during each fiscal year, have
participated satisfactorily in active duty for training and
inactive duty training with pay.
``Sec. 10205. Members of Ready Reserve: requirement of
notification of change of status
``(a) Each member of the Ready Reserve shall notify the
Secretary concerned of any change in the member's address,
marital status, number of dependents, or civilian employment
and of any change in the member's physical condition that
would prevent the member from meeting the physical or mental
standards prescribed for the member's armed force.
``(b) This section shall be administered under regulations
prescribed by the Secretary of Defense and by the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy.
``Sec. 10206. Members: periodic physical examinations
``(a) Each member of the Ready Reserve who is not on active
duty shall--
``(1) be examined as to his physical fitness every five
years, or more often as the Secretary concerned considers
necessary; and
``(2) execute and submit annually to the Secretary
concerned a certificate of physical condition.
Each Reserve in an active status, or on an inactive status
list, who is not on active duty shall execute and submit
annually to the Secretary concerned a certificate of physical
condition.
``(b) The kind of duty to which a Reserve ordered to active
duty may be assigned shall be considered in determining
physical qualifications for active duty.
``Sec. 10207. Mobilization forces: maintenance
``(a) Whenever units or members of the reserve components
are ordered to active duty (other than for training) during a
period of partial mobilization, the Secretary concerned shall
continue to maintain mobilization forces by planning and
budgeting for the continued organization and training of the
reserve components not mobilized, and make the fullest
practicable use of the Federal facilities vacated by
mobilized units, consistent with approved joint mobilization
plans.
``(b) In this section, the term `partial mobilization'
means the mobilization resulting from action by Congress or
the President, under any law, to bring units of any reserve
component, and members not assigned to units organized to
serve as units, to active duty for a limited expansion of the
active armed forces.
``Sec. 10208. Annual mobilization exercise
``(a) The Secretary of Defense shall conduct at least one
major mobilization exercise each year. The exercise should be
as comprehensive and as realistic as possible and should
include the participation of associated active component and
reserve component units.
``(b) The Secretary shall maintain a plan to test
periodically each active component and reserve component unit
based in the United States and all interactions of such
units, as well as the sustainment of the forces mobilized as
part of the exercise, with the objective of permitting an
evaluation of the adequacy of resource allocation and
planning.
``Sec. 10209. Regular and reserve components: discrimination
prohibited
``Laws applying to both Regulars and Reserves shall be
administered without discrimination--
``(1) among Regulars;
``(2) among Reserves; and
``(3) between Regulars and Reserves.
``Sec. 10210. Dissemination of information
``The Secretary of Defense shall require the complete and
current dissemination, to all Reserves and to the public, of
information of interest to the reserve components.
``Sec. 10211. Policies and regulations: participation of
Reserve officers in preparation and administration
``Within such numbers and in such grades and assignments as
the Secretary concerned may prescribe, each armed force shall
have officers of its reserve components on active duty (other
than for training) at the seat of government, and at
headquarters responsible for reserve affairs, to participate
in preparing and administering the policies and regulations
affecting those reserve components. While so serving, such an
officer is an additional number of any staff with which he is
serving.
``Sec. 10212. Gratuitous services of officers: authority to
accept
``Notwithstanding section 1342 of title 31, the Secretary
of a military department may accept the gratuitous services
of an officer of a reserve component under the Secretary's
jurisdiction (other than an officer of the Army National
Guard of the United States or the Air National Guard of the
United States)--
``(1) in the furtherance of the enrollment, organization,
and training of that officer's reserve component or the
Reserve Officers' Training Corps; or
``(2) in consultation upon matters relating to the armed
forces.
``Sec. 10213. Reserve components: dual membership prohibited
``Except as otherwise provided in this title, no person may
be a member of more than one reserve component at the same
time.
``Sec. 10214. Adjutants general and assistant adjutants
general: reference to other officers of National Guard
``In any case in which, under the laws of a State, an
officer of the National Guard of that jurisdiction, other
than the adjutant general or an assistant adjutant general,
normally performs the duties of that office, the references
in sections 12004(b)(1), 12215, 12642(c), 14507(b), 14508(e),
and 14512 of this title to the adjutant general or the
assistant adjutant general shall be applied to that officer
instead of to the adjutant general or assistant adjutant
general.
``Sec. 10215. Officers of Army National Guard of the United
States and Air National Guard of the United States:
authority with respect to Federal status
``(a)(1) Officers of the Army National Guard of the United
States who are not on active duty--
``(A) may order members of the Army National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Air Force,
may order members of the Air National Guard of the United
States to active duty for training under that section.
``(2) Officers of the Air National Guard of the United
States who are not on active duty--
``(A) may order members of the Air National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Army, may
order members of the Army National Guard of the United States
to active duty for training under that section.
``(b) Officers of the Army National Guard of the United
States or the Air National Guard of the United States who are
not on active duty--
``(1) may enlist, reenlist, or extend the enlistments of
persons as Reserves of the Army or Reserves of the Air Force
for service in the Army National Guard of the United States
or the Air National Guard of the United States, as the case
may be; and
``(2) with respect to their Federal status, may promote or
discharge persons enlisted or reenlisted as Reserves of the
Army or Reserves of the Air Force for that service.
``(c) This section shall be carried out under regulations
prescribed by the Secretary of the Army, with respect to
matters concerning the Army, and by the Secretary of the Air
Force, with respect to matters concerning the Air Force.''.
(2)(A) Sections 261 through 265 and 267 through 281 are
repealed.
(B) Chapter 11 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``261. Reference to chapters 1003, 1005, and 1007.
``Sec. 261. Reference to chapters 1003, 1005, and 1007
``Provisions of law relating to the reserve components
generally, including provisions relating to the organization
and administration of the reserve components, are set forth
in chapter 1003 (beginning with section 10101), chapter 1005
(beginning with section 10141), and chapter 1007 (beginning
with section 10201) of this title.''.
(3)(A) Chapter 519 and sections 652, 2001, 3076 through
3080, and 8076 through 8080 are repealed.
(B) Section 552(e) of Public Law 98-525 is repealed.
(4) Section 1004 is amended--
(A) by striking out subsections (a) and (b); and
(B) by striking out ``(c)'' before ``Except as otherwise
provided''.
(5)(A) Section 10147(a), as added by paragraph (1), applies
only to persons who were inducted, enlisted, or appointed in
an armed force after August 9, 1955.
(B) Section 10148(b), as added by paragraph (1), applies
only to persons who became members of the Army National Guard
of the United States or the Air National Guard of the United
States after October 4, 1961.
(b) Boards and Committees.--(1) Part I of subtitle E (as
added by subsection (a)) is amended by adding at the end the
following:
``CHAPTER 1009--RESERVE FORCES POLICY BOARDS AND COMMITTEES
``Sec.
``10301. Reserve Forces Policy Board.
``10302. Army Reserve Forces Policy Committee.
``10303. Naval Reserve Policy Board.
``10304. Marine Corps Reserve Policy Board.
``10305. Air Force Reserve Forces Policy Committee.
``Sec. 10301. Reserve Forces Policy Board
``(a) There is in the Office of the Secretary of Defense a
Reserve Forces Policy Board. The Board consists of the
following:
``(1) A civilian chairman appointed by the Secretary of
Defense.
``(2) The Assistant Secretary of the Army for Manpower and
Reserve Affairs, the Assistant Secretary of the Navy for
Manpower and Reserve Affairs, and the Assistant Secretary of
the Air Force for Manpower and Reserve Affairs.
``(3) An officer of the Regular Army designated by the
Secretary of the Army.
``(4) An officer of the Regular Navy or Regular Marine
Corps designated by the Secretary of the Navy.
``(5) An officer of the Regular Air Force designated by the
Secretary of the Air Force.
``(6) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Army,
two of whom must be members of the Army National Guard of the
United States, and two of whom must be members of the Army
Reserve.
``(7) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Navy,
two of whom must be members of the Naval Reserve, and two of
whom must be members of the Marine Corps Reserve.
``(8) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Air
Force, two of whom must be members of the Air National Guard
of the United States, and two of whom must be members of the
Air Force Reserve.
``(9) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general officer or flag officer
designated by the Chairman of the Board with the approval of
the Secretary of Defense, and who serves without vote as
military adviser to the Chairman and as executive officer of
the Board.
``(b) Whenever the Coast Guard is not operating as a
service in the Navy, the Secretary of Transportation may
designate two officers of the Coast Guard, Regular or
Reserve, to serve as voting members of the Board.
``(c) The Board, acting through the Assistant Secretary of
Defense for Reserve Affairs, is the principal policy adviser
to the Secretary of Defense on matters relating to the
reserve components.
``(d) This section does not affect the committees on
reserve policies prescribed within the military departments
by sections 10302 through 10305 of this title.
``(e) A member of a committee or board prescribed under a
section listed in subsection (d) may, if otherwise eligible,
be a member of the Reserve Forces Policy Board.
``(f) The Board shall act on those matters referred to it
by the Chairman and, in addition, on any matter raised by a
member of the Board.
``Sec. 10303. Naval Reserve Policy Board
``A Naval Reserve Policy Board shall be convened at least
once annually at the seat of government to consider,
recommend, and report to the Secretary of the Navy on reserve
policy matters. At least half of the members of the Board
must be officers of the Naval Reserve.
``Sec. 10304. Marine Corps Reserve Policy Board
``A Marine Corps Reserve Policy Board shall be convened at
least once annually at the seat of government to consider,
recommend, and report to the Secretary of the Navy on reserve
policy matters. At least half of the members of the Board
must be officers of the Marine Corps Reserve.''.
(2)(A) Section 3021 is transferred to chapter 1009 (as
added by paragraph (1)), inserted after section 10301, and
redesignated as section 10302.
(B) Section 8021 is transferred to chapter 1009 (as added
by paragraph (1)), inserted after section 10304, and
redesignated as section 10305.
(3) The text of section 175 is amended to read as follows:
``There is in the Office of the Secretary of Defense a
Reserve Forces Policy Board. The functions, membership, and
organization of that board are set forth in section 10301 of
this title.''.
(4)(A) Chapter 303 (as amended by paragraph (2)(A)) is
amended by adding at the end the following:
``Sec. 3021. Army Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Army an
Army Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set forth
in section 10302 of this title.''.
(B) Chapter 803 (as amended by paragraph (2)(B)) is amended
by adding at the end the following:
``Sec. 8021. Air Force Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Air Force
an Air Force Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set forth
in section 10305 of this title.''.
(c) National Guard Bureau.--(1) Part I of subtitle E, as
added by subsection (a), is amended by adding after chapter
1009, as added by subsection (b), the following:
``CHAPTER 1011--NATIONAL GUARD BUREAU
``Sec.
``10501. National Guard Bureau: organization; function.
``10502. Chief of Bureau: appointment.
``10503. Chief of Bureau: term of office; grade; filling vacancy.
``10504. National Guard Bureau: assignment of officers of regular or
reserve components.
``Sec. 10501. National Guard Bureau: organization; function
``There is a National Guard Bureau, which is a joint bureau
of the Department of the Army and the Department of the Air
Force. The National Guard Bureau is the channel of
communication between the departments concerned and the
several States, Territories, Puerto Rico, and the District of
Columbia on all matters pertaining to the National Guard, the
Army National Guard of the United States, and the Air
National Guard of the United States.
``Sec. 10502. Chief of Bureau: appointment
``(a) Chief.--The National Guard Bureau is headed by a
chief who is the adviser to the Army Chief of Staff and the
Air Force Chief of Staff on National Guard matters.
``(b) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint the Chief of the
Bureau from officers of the Army National Guard of the United
States or the Air National Guard of the United States who--
``(1) have been recommended by their respective governors;
``(2) have had at least 10 years of commissioned service in
the active National Guard; and
``(3) are in a grade above lieutenant colonel.
``Sec. 10503. Chief of Bureau: term of office; grade; filling
vacancy
``(a) Term of Office.--The Chief of the National Guard
Bureau holds office for four years, but may be removed for
cause at any time. An officer may not hold the office of
Chief of the Bureau after attaining 64 years of age. He is
eligible to succeed himself. While holding that office, the
Chief of the Bureau may not be removed from the reserve
active-status list, or from an active status, under any
provision of law that otherwise would require such removal
due to completion of a specified number of years of service
or a specified number of years of service in grade.
``(b) Grade While Serving.--If an officer appointed as
Chief of the National Guard Bureau holds a lower reserve
grade, the officer shall be appointed as a Reserve in his
armed force in the grade of major general for service in the
Army National Guard of the United States or the Air National
Guard of the United States, as the case may be, while serving
as Chief of the Bureau.
``(c) Disability; Vacancy.--If the Chief of the Bureau is
unable, because of disability, to perform the functions of
his office, or if that office is vacant, the senior officer
of the Army National Guard of the United States or the Air
National Guard of the United States on duty in the Bureau
shall act as its chief until the disability ceases or a
successor is appointed.
``Sec. 10504. National Guard Bureau: assignment of officers
of regular or reserve components
``Except as provided in section 12402(b) of this title, the
President may assign to duty in the National Guard Bureau as
many regular or reserve officers of the Army and the Air
Force as he considers necessary.''.
(2) Section 3040 (as amended by section 1251) and sections
3541 and 8541 are repealed.
(d) Annual Reports to Congress.--(1) Part I of subtitle E,
as added by subsection (a), is amended by adding after
chapter 1011, as added by subsection (c), the following:
``CHAPTER 1013--BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS
``Sec.
``10541. National Guard and reserve component equipment: annual report
to Congress.
``10542. Army National Guard combat readiness: annual report.''.
(2)(A) Section 115b is transferred to chapter 1013, as
added by paragraph (1), inserted after the table of sections,
and redesignated as section 10541.
(B) The heading of that section is amended to read as
follows:
``Sec. 10541. National Guard and reserve component equipment:
annual report to Congress''.
(3) Section 3082 is transferred to chapter 1013, as added
by paragraph (1), inserted after section 10541 (as
transferred and redesignated by paragraph (2)), redesignated
as section 10542, and amended by striking out the word in the
section heading before the colon and by striking out
subsection (c).
SEC. 1262. LAWS RELATING TO RESERVE COMPONENT PERSONNEL
POLICY.
(a) Strength and Distribution in Grade.--(1) Subtitle E, as
added by section 1211, is amended by inserting after part I
of such subtitle, as added by section 12601, the following:
``PART II--PERSONNEL GENERALLY
``Chap. Sec.
``1201. Authorized Strengths and Distribution in Grade........12001....
``1203. Enlisted Members......................................12101....
``1205. Appointment of Reserve Officers.......................12201....
``1207. Warrant Officers......................................12241....
``1209. Active Duty...........................................12301....
``1211. National Guard Members in Federal Service.............12401....
``1213. Special Appointments, Assignments, Details, and Duties12501....
``1215. Miscellaneous Prohibitions and Penalties .[No present sections]
``1217. Miscellaneous Rights and Benefits.....................12601....
``1219. Standards and Procedures for Retention and Promotion..12641....
``1221. Separation............................................12681....
``1223. Retired Pay for Non-Regular Service...................12731....
``1225. Retired Grade.........................................12771....
``CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
``Sec.
``12001. Authorized strengths: reserve components.
``12002. Authorized strengths: Army and Air Force reserve components,
exclusive of members on active duty.
``12003. Authorized strengths: commissioned officers active status.
``12004. Strength in grade: reserve general and flag officers in an
active status.
``12005. Strength in grade: commissioned officers in grades below
brigadier general or rear admiral (lower half) in an
active status.
``12006. Strength limitations: authority to waive in time of war or
national emergency.
``12007. Reserve officers of the Army: distribution.
``12008. Army Reserve and Air Force Reserve: warrant officers.
``12009. Army and Air Force reserve components: temporary increases.
``12010. Computations for Naval Reserve and Marine Corps Reserve: rule
when fraction occurs in final result.
``12011. Authorized strengths: reserve officers on active duty or on
full-time National Guard duty for administration of the
reserves or the National Guard.
``12012. Authorized strengths: senior enlisted members on active duty
or on full-time National Guard duty for administration of
the reserves or the National Guard.
``Sec. 12001. Authorized strengths: reserve components
``(a) Whenever the authorized strength of a reserve
component (other than the Coast Guard Reserve) is not
prescribed by law, it shall be prescribed by the President.
``(b) Subject to the authorized strength of the reserve
component concerned, the authorized strength of each reserve
component (other than the Coast Guard Reserve) in members in
each grade is that which the Secretary concerned determines
to be necessary to provide for mobilization requirements. The
Secretary shall review these determinations at least once
each year and revise them if he considers it necessary.
However, a member of the reserve component concerned may not,
as a result of such a determination, be reduced in the
member's reserve grade without the member's consent.
``Sec. 12002. Authorized strengths: Army and Air Force
reserve components, exclusive of members on active duty
``(a) The authorized strengths of the National Guard and
the reserve components of the Army and the Air Force,
exclusive of members who are included in the strengths
authorized for members of the Army and Air Force,
respectively, on active duty, are as follows:
``Army National Guard and the Army National Guard of the United
States........................................................600,000
``Army Reserve..............................................980,000
``Air National Guard and the Air National Guard of the United
States........................................................150,000
``Air Force Reserve........................................500,000.
``(b) The strength authorized by this section for the Army
National Guard and the Army National Guard of the United
States, and the strength authorized by this section for the
Air National Guard and the Air National Guard of the United
States, shall be allocated among the States.
``Sec. 12003. Authorized strengths: commissioned officers in
an active status
``(a) The authorized strengths of the Army, Navy, Air
Force, and Marine Corps in reserve commissioned officers,
other than commissioned warrant officers and officers on an
active-duty list, in an active status are as follows:
``Army......................................................275,000
``Air Force.................................................200,000
``Navy......................................................150,000
``Marine Corps..............................................24,500.
``(b) The authorized strengths prescribed by subsection (a)
may not be exceeded unless--
``(1) the Secretary concerned determines that a greater
number is necessary for planned mobilization requirements; or
``(2) the excess results directly from the operation of a
nondiscretionary provision of law.
``Sec. 12004. Strength in grade: reserve general and flag
officers in an active status
``(a) The authorized strengths of the Army, Air Force, and
Marine Corps in reserve general officers in an active status,
and the authorized strength of the Navy in reserve officers
in the grades of rear admiral (lower half) and rear admiral
in an active-status, are as follows:
``Army..........................................................207
``Air Force.....................................................157
``Navy.......................................................... 48
``Marine Corps..................................................10.
``(b) The following Army and Air Force reserve officers
shall not be counted for purposes of this section:
``(1) Those serving as adjutants general or assistant
adjutants general of a State.
``(2) Those serving in the National Guard Bureau.
``(3) Those counted under section 526 of this title.
``(c)(1) The authorized strength of the Navy under
subsection (a) is exclusive of officers counted under section
526 of this title. Of the number authorized under subsection
(a), 39 are distributed among the line and the staff corps as
follows:
``Line...........................................................28
``Medical Corps...................................................5
``Chaplain Corps..................................................1
``Judge Advocate General's Corps..................................1
``Dental Corps...................................................2.
``Nurse Corps....................................................1.
``Medical Service Corps..........................................1.
``(2) The remaining authorizations for the Navy under
subsection (a) shall be distributed among such other staff
corps as are established by the Secretary of the Navy under
the authority provided by section 5150(b) of this title,
except that--
``(A) if the Secretary has established a Supply Corps, the
authorized strength for the Supply Corps shall be seven; and
``(B) if the Secretary has established a Civil Engineering
Corps, the authorized strength for the Civil Engineering
Corps shall be two.
``(3) Not more than 50 percent of the officers in an active
status authorized under this section for the Navy may serve
in the grade of rear admiral.
``(d) The authorized strength of the Marine Corps under
subsection (a) is exclusive of those counted under section
526 of this title.
``(e)(1) A reserve general officer of the Army or Air Force
may not be reduced in grade because of a reduction in the
number of general officers authorized under subsection (a).
``(2) An officer of the Naval Reserve or the Marine Corps
Reserve may not be reduced in permanent grade because of a
reduction in the number authorized by this section for his
grade.
``Sec. 12005. Strength in grade: commissioned officers in
grades below brigadier general or rear admiral (lower half)
in an active status
``(a)(1) Subject to paragraph (2), the authorized strength
of the Army and the Air Force in reserve commissioned
officers in an active status in each grade named in paragraph
(2) is as prescribed by the Secretary of the Army or the
Secretary of the Air Force, respectively. A vacancy in any
grade may be filled by an authorized appointment in any lower
grade.
``(2) A strength prescribed by the Secretary concerned
under paragraph (1) for a grade may not be higher than the
percentage of the strength authorized for the Army or the Air
Force, as the case may be, under section 12003 of this title
that is specified for that grade as follows:
------------------------------------------------------------------------
Army
Grade percentage Air Force
percentage
------------------------------------------------------------------------
Colonel......................................... 2 1.8
Lieutenant colonel.............................. 6 4.6
Major........................................... 13 14.0
Captain......................................... 35 32.0
First lieutenant and second lieutenant (when
combined with the number authorized for general
officer grades under section 12004 of this
title)......................................... 44 47.6
------------------------------------------------------------------------
``(b)(1) The authorized strengths of the Naval Reserve in
line officers in an active status in the grades of captain,
commander, lieutenant commander, and lieutenant, and in the
grades of lieutenant (junior grade) and ensign combined, are
the following percentages of the total authorized number of
those officers:
``Captain...................................................1.5 percent
``Commander...................................................7 percent
``Lieutenant commander.......................................22 percent
``Lieutenant.................................................37 percent
``Lieutenant (junior grade) and ensign (when combined with the number
authorized for flag officer grades under section 12004 o32.5 percent.
``(2) When the actual number of line officers in an active
status in any grade is less than the number authorized by
paragraph (1) for that grade, the difference may be applied
to increase the number authorized by that paragraph for any
lower grade or grades.
``(c)(1) The authorized strengths of the Marine Corps
Reserve in officers in an active status in the grades of
colonel, lieutenant colonel, major, and captain, and in the
grades of first lieutenant and second lieutenant combined,
are the following percentages of the total authorized number
of those officers:
``Colonel.....................................................2 percent
``Lieutenant colonel..........................................6 percent
``Major......................................................12 percent
``Captain....................................................35 percent
``First lieutenant and second lieutenant (when combined with the number
authorized for general officer grades under section 12004 of this
title)..................................................32.5 percent.
``(2) When the actual number of officers in an active
status in any grade is less than the number authorized by
paragraph (1) for that grade, the difference may be applied
to increase the number authorized by that paragraph for any
lower grade or grades.
``(d)(1) An officer of the Army or Air Force may not be
reduced in grade because of a reduction in the number of
commissioned officers authorized for the officer's grade
under this section.
``(2) An officer of the Naval Reserve or the Marine Corps
Reserve may not be reduced in permanent grade because of a
reduction in the number authorized by this section for his
grade.
``Sec. 12006. Strength limitations: authority to waive in
time of war or national emergency
``(a) In time of war, or of national emergency declared by
Congress or the President, the President may suspend the
operation of any provision of section 12003, 12004, or 12005
of this title. So long as any such war or national emergency
continues, any such suspension may be extended by the
President.
``(b) Any suspension under subsection (a) shall, if not
sooner ended, end on the last day of the two-year period
beginning on the date on which the suspension (or the last
extension thereof) takes effect or on the last day of the
one-year period beginning on the date of the termination of
the war or national emergency, whichever occurs first. With
respect to the end of any such suspension, the preceding
sentence supersedes the provisions of title II of the
National Emergencies Act (50 U.S.C. 1621, 1622) which provide
that powers or authorities exercised by reason of a national
emergency shall cease to be exercised after the date of
termination of the emergency.
``Sec. 12007. Reserve officers of the Army: distribution
``The Secretary of the Army shall distribute the number of
reserve commissioned officers, other than commissioned
warrant officers, authorized in each commissioned grade
between those assigned to reserve units organized to serve as
units and those not assigned to such units. The Secretary
shall distribute the number who are assigned to reserve units
organized to serve as units among the units of each reserve
component by prescribing appropriate tables of organization
and tables of distribution. The Secretary shall distribute
the number who are not assigned to such units between--
``(1) each special branch; and
``(2) all other branches taken together.
``Sec. 12008. Army Reserve and Air Force Reserve: warrant
officers
``The Secretary of the Army may prescribe the authorized
strength of the Army Reserve in warrant officers. The
Secretary of the Air Force may prescribe the authorized
strength of the Air Force Reserve in warrant officers.
``Sec. 12009. Army and Air Force reserve components:
temporary increases
``(a) The authorized strength in any reserve grade, as
prescribed under this chapter, for any reserve component
under the jurisdiction of the Secretary of the Army or the
Secretary of the Air Force is automatically increased to the
minimum extent necessary to give effect to each appointment
made in that grade under section 1211(a), 3036, 14304(b),
14314, or 14317 of this title.
``(b) An authorized strength so increased is increased for
no other purpose. While an officer holds that grade, the
officer whose appointment caused the increase is counted for
the purpose of determining when other appointments, not under
those sections, may be made in that grade.
``Sec. 12010. Computations for Naval Reserve and Marine Corps
Reserve: rule when fraction occurs in final result
``When there is a fraction in the final result of any
computation under this chapter for the Naval Reserve or the
Marine Corps Reserve, a fraction of one-half or more is
counted as one, and a fraction of less than one-half is
disregarded.
``Sec. 12012. Authorized strengths: senior enlisted members
on active duty or on full-time National Guard duty for
administration of the reserves or National Guard
``(a) The number of enlisted members in pay grades E-8 and
E-9 who may be on active duty (other than for training) or on
full-time National Guard duty under the authority of section
502(f) of title 32 (other than for training) as of the end of
any fiscal year in connection with organizing, administering,
recruiting, instructing, or training the reserve components
or the National Guard may not exceed the number for that
grade and armed force in the following table:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................. 569 202 328 14
E-8................. 2,585 429 840 74
------------------------------------------------------------------------
``(b) Whenever the number of members serving in pay grade
E-9 for duty described in subsection (a) is less than the
number authorized for that grade under subsection (a), the
difference between the two numbers may be applied to increase
the number authorized under such subsection for pay grade E-
8.''.
(2)(A) Section 524 is transferred to chapter 1201, as added
by paragraph (1), inserted after section 12010, and
redesignated as section 12011.
(B) The heading of that section is amended to read as
follows:
``Sec. 12011. Authorized strengths: reserve officers on
active duty or on full-time National Guard duty for
administration of the reserves or the National Guard''.
(3) Chapter 531 and sections 3212, 3217 through 3225, 5454,
5456, 5457, 5458, 8212, and 8217 through 8225 are repealed.
(4) Section 517 is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as subsection (b) and
in that subsection striking out ``or whenever'' and all that
follows through ``under subsection (b),''.
(b) Enlistments.--(1) Part II of subtitle E, as added by
subsection (a), is amended by adding after chapter 1201 (as
added by subsection (a)), the following:
``CHAPTER 1203--ENLISTED MEMBERS
``Sec.
``12101. Definition.
``12102. Reserve components: qualifications.
``12103. Reserve components: terms.
``12104. Reserve components: transfers.
``12105. Army Reserve and Air Force Reserve: transfer from Guard
components.
``12106. Army and Air Force Reserve: transfer to upon withdrawal as
member of National Guard.
``12107. Army National Guard of United States; Air National Guard of
the United States: enlistment in.
``Sec. 12101. Definition
``In this chapter, the term `enlistment' means original
enlistment or reenlistment.
``Sec. 12105. Army Reserve and Air Force Reserve: transfer
from Guard components
``(a) Under such regulations as the Secretary concerned may
prescribe--
``(1) an enlisted member of the Army National Guard of the
United States may be transferred in grade to the Army
Reserve; and
``(2) an enlisted member of the Air National Guard of the
United States may be transferred in grade to the Air Force
Reserve.
``(b) Upon such a transfer, the member transferred is
eligible for promotion to the highest regular or reserve
grade ever held by him in the Army, if transferred under
subsection (a)(1), or the Air Force, if transferred under
subsection (a)(2), if his service has been honorable.
``(c) A transfer under this section may only be made with
the consent of the governor or other appropriate authority of
the State concerned.
``Sec. 12106. Army and Air Force Reserve: transfer to upon
withdrawal as member of National Guard
``(a) An enlisted member of the Army National Guard of the
United States who ceases to be a member of the Army National
Guard becomes a member of the Army Reserve unless he is also
discharged from his enlistment as a Reserve.
``(b) An enlisted member of the Air National Guard of the
United States who ceases to be a member of the Air National
Guard becomes a member of the Air Force Reserve unless he is
also discharged from his enlistment as a Reserve.
``(c) An enlisted member who becomes a member of the Army
Reserve or the Air Force Reserve under this section ceases to
be a member of the Army National Guard of the United States
or the Air National Guard of the United States, as the case
may be.
``Sec. 12107. Army National Guard of United States; Air
National Guard of the United States: enlistment in
``(a) Except as provided in subsection (c), to become an
enlisted member of the Army National Guard of the United
States or the Air National Guard of the United States, a
person must--
``(1) be enlisted in the Army National Guard or the Air
National Guard, as the case may be;
``(2) subscribe to the oath set forth in section 304 of
title 32; and
``(3) be a member of a federally recognized unit or
organization of the Army National Guard or the Air National
Guard, as the case may be, in the grade in which he is to be
enlisted as a Reserve.
``(b)(1) Under regulations to be prescribed by the
Secretary of the Army, a person who enlists in the Army
National Guard, or whose term of enlistment in the Army
National Guard is extended, shall be concurrently enlisted,
or his term of enlistment shall be concurrently extended, as
the case may be, as a Reserve of the Army for service in the
Army National Guard of the United States.
``(2) Under regulations to be prescribed by the Secretary
of the Air Force, a person who enlists in the Air National
Guard, or whose term of enlistment in the Air National Guard
is extended, shall be concurrently enlisted, or his term of
enlistment shall be concurrently extended, as the case may
be, as a Reserve of the Air Force for service in the Air
National Guard of the United States.
``(c)(1) A member of the Army Reserve who enlists in the
Army National Guard in his reserve grade, and is a member of
a federally recognized unit or organization of the Army
National Guard, becomes a member of the Army National Guard
of the United States and ceases to be a member of the Army
Reserve.
``(2) A member of the Air Force Reserve who enlists in the
Air National Guard in his reserve grade, and is a member of a
federally recognized unit or organization of the Air National
Guard, becomes a member of the Air National Guard of the
United States and ceases to be a member of the Air Force
Reserve.''.
(2) Sections 510 (as amended by section 1231(a)), 511, and
512 are transferred to chapter 1203, as added by paragraph
(1), inserted after section 12101, and redesignated as
follows:
Redesignated
Section section
510...........................................................12102
511...........................................................12103
512...........................................................12104
(3) The following sections are repealed: sections 3259,
3260, 3261, 8259, 8260, and 8261.
(c) Appointment of Officers.--(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding after
chapter 1203 (as added by subsection (b)) the following:
``CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
``Sec.
``12201. Qualifications for appointment.
``12202. Commissioned officer grades.
``12203. Commissioned officers: appointment, how made; term.
``12204. Commissioned officers: original appointment; limitation.
``12205. Commissioned officers: appointment; educational requirement.
``12206. Commissioned officers: appointment of former commissioned
officers.
``12207. Commissioned officers: service credit upon original
appointment.
``12208. Officers: appointment upon transfer.
``12209. Officer candidates: enlisted Reserves.
``12210. Attending Physician to the Congress: reserve grade while so
serving.
``12211. Officers: Army National Guard of United States.
``12212. Officers: Air National Guard of United States.
``12213. Officers; Army Reserve: transfer from Army National Guard of
United States.
``12214. Officers; Air Force Reserve: transfer from Air National Guard
of United States.
``12215. Commissioned officers: reserve grade of adjutants general and
assistant adjutants general.
``Sec. 12215. Commissioned officers: reserve grade of
adjutants general and assistant adjutants general
``(a) The adjutant general or an assistant adjutant general
of the Army National Guard of a State may, upon being
extended Federal recognition, be appointed as a reserve
officer of the Army as of the date on which he is so
recognized.
``(b) The adjutant general or an assistant adjutant general
of the Air National Guard of a State may be appointed in the
reserve commissioned grade in which Federal recognition in
the Air National Guard is extended to him.''.
(2) Sections 591 (as amended by section 1231(b)), 592, 593
(as amended by section 1232), 594, 596, 596a (as added by
section 1233), 596b (as added by section 1234), and 595 are
transferred (in that order) to chapter 1205, as added by
paragraph (1), inserted after the table of sections, and
redesignated as follows:
Redesignated
Section section
591.........................................................12201
592.........................................................12202
593.........................................................12203
594.........................................................12204
596.........................................................12205
596a (as added by section 203)..............................12206
596b (as added by section 204)..............................12207
595.........................................................12208
(3) Sections 600, 600a, 3351, 8351, 3352 (as amended by
section 1236(a)), and 8352 are transferred (in that order) to
chapter 1205, as added by paragraph (1), inserted after
section 12208, and redesignated as follows:
Redesignated
Section section
600.........................................................12209
600a........................................................12210
3351........................................................12211
8351........................................................12212
3352........................................................12213
8352........................................................12214
(d) Warrant Officers.--(1) Part II of subtitle E, as added
by subsection (a), is further amended by adding after chapter
1205 (as added by subsection (c)) the following:
``CHAPTER 1207--WARRANT OFFICERS
``Sec.
``12241. Warrant officers: grades; appointment, how made; term.
``12242. Warrant officers: promotion.
``12243. Warrant officers: suspension of laws for promotions or
mandatory retirement or separation during war or
emergency.''.
(2) Sections 597, 598, and 599 are transferred to chapter
1207, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
597.........................................................12241
598.........................................................12242
599.........................................................12243
(3) Chapter 34 is amended to read as follows:
``CHAPTER 34--APPOINTMENTS AS RESERVE OFFICERS
``Sec.
``591. Reference to chapters 1205 and 1207.
``Sec. 591. Reference to chapters 1205 and 1207
``Provisions of law relating to appointments of reserve
officers other than warrant officers are set forth in chapter
1205 of this title (beginning with section 12201). Provisions
of law relating to appointments and promotion of reserve
warrant officers are set forth in chapter 1207 (beginning
with section 12241).''.
(e) Active Duty.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1207 (as added by subsection (d)) the following:
``CHAPTER 1209--ACTIVE DUTY
``Sec.
``12301. Reserve components generally.
``12302. Ready Reserve.
``12303. Ready Reserve: members not assigned to, or participating
satisfactorily in, units.
``12304. Selected Reserve: order to active duty other than during war
or national emergency.
``12305. Authority of President to suspend certain laws relating to
promotion, retirement, and separation.
``12306. Standby Reserve.
``12307. Retired Reserve.
``12308. Retention on active duty after becoming qualified for retired
pay.
``12309. Reserve officers: use of in expansion of armed forces.
``12310. Reserves: for organizing, administering, etc., reserve
components.
``12311. Active duty agreements.
``12312. Active duty agreements: release from duty.
``12313. Reserves: release from active duty.
``12314. Reserves: kinds of duty.
``12315. Reserves: duty with or without pay.
``12316. Payment of certain Reserves while on duty.
``12317. Reserves: theological students; limitations.
``12318. Reserves on active duty: duties; funding.
``12319. Ready Reserve: muster duty.
``12320. Reserve officers: grade in which ordered to active duty.
``12321. Reserve Officer Training Corps units: limitation on number of
Reserves assigned.''.
(2) Sections 672 through 687, section 689 (as amended by
section 1224), and section 690 are transferred to chapter
1209, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
672.........................................................12301
673.........................................................12302
673a........................................................12303
673b........................................................12304
673c........................................................12305
674.........................................................12306
675.........................................................12307
676.........................................................12308
677.........................................................12309
678.........................................................12310
679.........................................................12311
680.........................................................12312
681.........................................................12313
682.........................................................12314
683.........................................................12315
684.........................................................12316
685.........................................................12317
686.........................................................12318
687.........................................................12319
689.........................................................12320
690.........................................................12321
(3) The heading of section 12321 (as so redesignated) is
amended to read as follows:
``Sec. 12321. Reserve Officer Training Corps units:
limitation on number of Reserves assigned''.
(4) Chapter 39 is amended by inserting after section 671b
the following:
``Sec. 672. Reference to chapter 1209
``Provisions of law relating to service of members of
reserve components on active duty are set forth in chapter
1209 of this title (beginning with section 12301).''.
(f) National Guard Members in Federal Service.--(1) Part II
of subtitle E, as added by subsection (a), is further amended
by adding after chapter 1209 (as added by subsection (e)) the
following:
``CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
``Sec.
``12401. Army and Air National Guard of United States: status.
``12402. Army and Air National Guard of United States: commissioned
officers; duty in National Guard Bureau.
``12403. Army and Air National Guard of United States: members; status
in which ordered into Federal service.
``12404. Army and Air National Guard of United States: mobilization;
maintenance of organization.
``12405. National Guard in Federal service: status.
``12406. National Guard in Federal service: call.
``12407. National Guard in Federal service: period of service;
apportionment.
``12408. National Guard in Federal service: physical examination.
``Sec. 12401. Army and Air National Guard of the United
States: status
``Members of the Army National Guard of the United States
and the Air National Guard of the United States are not in
active Federal service except when ordered thereto under law.
``Sec. 12402. Army and Air National Guard of United States:
commissioned officers; duty in National Guard Bureau
``(a) The President may, with their consent, order
commissioned officers of the Army National Guard of the
United States and the Air National Guard of the United States
to active duty in the National Guard Bureau.
``(b)(1) The number of officers of the Army National Guard
of the United States in grades below brigadier general who
are ordered to active duty in the National Guard Bureau may
not be more than 40 percent of the number of officers of the
Army authorized for duty in that Bureau and, to the extent
practicable, shall not exceed 40 percent of the number of
officers of the Army serving in that Bureau in any grade
below brigadier general.
``(2) The number of officers of the Air National Guard of
the United States in grades below brigadier general who are
ordered to active duty in the National Guard Bureau may not
be more than 40 percent of the number of officers of the Air
Force authorized for duty in that Bureau and, to the extent
practicable, shall not exceed 40 percent of the number of
officers of the Air Force serving in that Bureau in any grade
below brigadier general.
``Sec. 12403. Army and Air National Guard of United States:
members; status in which ordered into Federal service
``Members of the Army National Guard of the United States
ordered to active duty shall be ordered to duty as Reserves
of the Army. Members of the Air National Guard of the United
States ordered to active duty shall be ordered to duty as
Reserves of the Air Force.
``Sec. 12404. Army and Air National Guard of United States:
mobilization; maintenance of organization
``During an initial mobilization, the organization of a
unit of the Army National Guard of the United States or of
the Air National Guard of the United States ordered into
active Federal service shall, so far as practicable, be
maintained as it existed on the date of the order to duty.
``Sec. 12405. National Guard in Federal service: status
``Members of the National Guard called into Federal service
are, from the time when they are required to respond to the
call, subject to the laws and regulations governing the Army
or the Air Force, as the case may be, except those applicable
only to members of the Regular Army or Regular Air Force, as
the case may be.
``Sec. 12406. National Guard in Federal service: call
``Whenever--
``(1) the United States, or any of the Territories,
Commonwealths, or possessions, is invaded or is in danger of
invasion by a foreign nation;
``(2) there is a rebellion or danger of a rebellion against
the authority of the Government of the United States; or
``(3) the President is unable with the regular forces to
execute the laws of the United States;
the President may call into Federal service members and units
of the National Guard of any State in such numbers as he
considers necessary to repel the invasion, suppress the
rebellion, or execute those laws. Orders for these purposes
shall be issued through the governors of the States or, in
the case of the District of Columbia, through the commanding
general of the National Guard of the District of Columbia.
``Sec. 12407. National Guard in Federal service: period of
service; apportionment
``(a) Whenever the President calls the National Guard of a
State into Federal service, he may specify in the call the
period of the service. Members and units called shall serve
inside or outside the territory of the United States during
the term specified, unless sooner relieved by the President.
However, no member of the National Guard may be kept in
Federal service beyond the term of his commission or
enlistment.
``(b) When the National Guard of a State is called into
Federal service with the National Guard of another of those
jurisdictions, the President may apportion the total number
called from the Army National Guard or from the Air National
Guard, as the case may be, on the basis of the populations of
the jurisdictions affected by the call.
``Sec. 12408. National Guard in Federal service: physical
examination
``(a) Under regulations prescribed by the President, each
member of the National Guard called into Federal service
shall be examined as to physical fitness, without further
commission or enlistment.
``(b) Immediately before such a member is mustered out of
Federal service, he shall be examined as to physical fitness.
The record of this examination shall be retained by the
United States.''.
(2) Sections 3495 through 3502 and 8495 through 8502 are
repealed.
(g) Miscellaneous Provisions.--(1) Part II of subtitle E,
as added by subsection (a), is further amended by adding
after chapter 1211 (as added by subsection (f)) the
following:
``CHAPTER 1213--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
``Sec.
``12501. Reserve components: detail of members of regular and reserve
components to assist.
``12502. Chief and assistant chief of staff of National Guard divisions
and wings in Federal service: detail.
``Sec. 12501. Reserve components: detail of members of
regular and reserve components to assist
``The Secretary concerned shall detail such members of the
regular and reserve components under his jurisdiction as are
necessary to effectively develop, train, instruct, and
administer those reserve components.
``Sec. 12502. Chief and assistant chief of staff of National
Guard divisions and wings in Federal service: detail
``(a) The President may detail a regular or reserve officer
of the Army as chief of staff, and a regular or reserve
officer or an officer of the Army National Guard as assistant
to the chief of staff, of any division of the Army National
Guard that is in Federal service as an Army National Guard
organization.
``(b) The President may detail a regular or reserve officer
of the Air Force as chief of staff, and a regular or reserve
officer or an officer of the Air National Guard as assistant
to the chief of staff, of any wing of the Air National Guard
that is in Federal service as an Air National Guard
organization.
``CHAPTER 1215--MISCELLANEOUS PROHIBITIONS AND PENALTIES
``[No present sections]
``CHAPTER 1217--MISCELLANEOUS RIGHTS AND BENEFITS
``Sec.
``12601. Compensation: Reserve on active duty accepting from any
person.
``12602. Members of Army National Guard of United States and Air
National Guard of United States: credit for service as
members of National Guard.
``Sec. 12601. Compensation: Reserve on active duty accepting
from any person
``Any Reserve who, before being ordered to active duty, was
receiving compensation from any person may, while he is on
that duty, receive compensation from that person.
``Sec. 12602. Members of Army National Guard of United States
and Air National Guard of United States: credit for service
as members of National Guard
``(a) For the purposes of laws providing benefits for
members of the Army National Guard of the United States and
their dependents and beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Army National Guard of the United States
in his status as a member of the Army National Guard for
which he is entitled to pay from the United States shall be
considered military training, duty, or other service, as the
case may be, in Federal service as a Reserve of the Army;
``(2) full-time National Guard duty performed by a member
of the Army National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Army; and
``(3) inactive-duty training performed by a member of the
Army National Guard of the United States in his status as a
member of the Army National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Army.
``(b) For the purposes of laws providing benefits for
members of the Air National Guard of the United States and
their dependents and beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Air National Guard of the United States in
his status as a member of the Air National Guard for which he
is entitled to pay from the United States shall be considered
military training, duty, or other service, as the case may
be, in Federal service as a Reserve of the Air Force;
``(2) full-time National Guard duty performed by a member
of the Air National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Air Force; and
``(3) inactive-duty training performed by a member of the
Air National Guard of the United States in his status as a
member of the Air National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Air Force.''.
(2) Sections 715, 1033, 3542, 3686, 8542, and 8686 are
repealed.
(h) Standards and Procedures for Retention and Promotion.--
(1) Part II of subtitle E, as added by subsection (a), is
further amended by adding after chapter 1217 (as added by
subsection (g)) the following:
``CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
``Sec.
``12641. Standards and procedures: Secretary to prescribe.
``12642. Standards and qualifications: result of failure to comply
with.
``12643. Boards for appointment, promotion, and certain other purposes:
composition.
``12644. Members physically not qualified for active duty: discharge or
transfer to retired status.
``12645. Commissioned officers: retention until completion of required
service.
``12646. Commissioned officers: retention of after completing 18 or
more, but less than 20, years of service.
``12647. Commissioned officers: retention in active status while
assigned to Selective Service System or serving as United
States property and fiscal officers.''.
(2) Sections 1001, 1002, 266, 1004 (as amended by section
1261(b)(4)), and 1005 through 1007 are transferred (in that
order) to chapter 1219, as added by paragraph (1), inserted
after the table of sections, and redesignated as follows:
Redesignated
Section section
1001........................................................12641
1002........................................................12642
266.........................................................12643
1004........................................................12644
1005........................................................12645
1006........................................................12646
1007........................................................12647
(3) Section 1003 is repealed.
(4)(A) The heading of section 12641 (as so redesignated) is
amended to read as follows:
``Sec. 12641. Standards and procedures: Secretary to
prescribe''.
(B) The heading of section 12644 (as so redesignated) is
amended to read as follows:
``Sec. 12644. Members physically not qualified for active
duty: discharge or transfer to retired status''.
(5) Chapter 51 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``1001. Reference to chapter 1219.
``Sec. 1001. Reference to chapter 1219
``Provisions of law relating to standards and procedures
for retention and promotion of members of reserve components
are set forth in chapter 1219 of this title (beginning with
section 12641).''.
(i) Separation.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1219 (as added by subsection (h)) the following:
``CHAPTER 1221--SEPARATION
``Sec.
``12681. Reserves: discharge authority.
``12682. Reserves: discharge upon becoming ordained minister of
religion.
``12683. Reserve officers: limitation on involuntary separation.
``12684. Reserves: separation for absence without authority or sentence
to imprisonment.
``12685. Reserves separated for cause: character of discharge.
``12686. Reserves on active duty within two years of retirement
eligibility: limitation on release from active duty.
``Sec. 12681. Reserves: discharge authority
``Subject to other provisions of this title, reserve
commissioned officers may be discharged at the pleasure of
the President. Other Reserves may be discharged under
regulations prescribed by the Secretary concerned.
``Sec. 12682. Reserves: discharge upon becoming ordained
minister of religion
``Under regulations to be prescribed by the Secretary of
Defense, a Reserve who becomes a regular or ordained minister
of religion is entitled upon his request to a discharge from
his reserve enlistment or appointment.
``Sec. 12683. Reserve officers: limitation on involuntary
separation
``(a) An officer of a reserve component who has at least
five years of service as a commissioned officer may not be
separated from that component without his consent except--
``(1) under an approved recommendation of a board of
officers convened by an authority designated by the Secretary
concerned; or
``(2) by the approved sentence of a court- martial.
``(b) Subsection (a) does not apply--
``(1) to a separation under section 12684, 14901, or 14907
of this title;
``(2) to a dismissal under section 1161(a) of this title;
or
``(3) to a transfer under section 12213, 12214, 14514, or
14515 of this title.
``Sec. 12684. Reserves: separation for absence without
authority or sentence to imprisonment
``The President or the Secretary concerned may drop from
the rolls of the armed force concerned any Reserve--
``(1) who has been absent without authority for at least
three months; or
``(2) who is sentenced to confinement in a Federal or State
penitentiary or correctional institution after having been
found guilty of an offense by a court other than a court-
martial or other military court, and whose sentence has
become final.
``Sec. 12685. Reserves separated for cause: character of
discharge
``A member of a reserve component who is separated for
cause, except under section 12684 of this title, is entitled
to a discharge under honorable conditions unless--
``(1) the member is discharged under conditions other than
honorable under an approved sentence of a court-martial or
under the approved findings of a board of officers convened
by an authority designated by the Secretary concerned; or
``(2) the member consents to a discharge under conditions
other than honorable with a waiver of proceedings of a court-
martial or a board.
``Sec. 12686. Reserves on active duty within two years of
retirement eligibility: limitation on release from active
duty
``Under regulations to be prescribed by the Secretary
concerned, which shall be as uniform as practicable, a member
of a reserve component who is on active duty (other than for
training) and is within two years of becoming eligible for
retired pay or retainer pay under a purely military
retirement system, may not be involuntarily released from
that duty before he becomes eligible for that pay, unless the
release is approved by the Secretary.''.
(2) Sections 1162 and 1163 are repealed.
(j) Retired Pay.--(1) Chapter 67 is transferred to part II
of subtitle E, as added by subsection (a), inserted after
chapter 1221 (as added by subsection (i)), and amended to
read as follows:
``CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
``Sec.
``12731. Age and service requirements.
``12731a. Temporary special retirement qualification authority.
``12732. Entitlement to retired pay: computation of years of service.
``12733. Computation of retired pay: computation of years of service.
``12734. Time not creditable toward years of service.
``12735. Inactive status list.
``12736. Service credited for retired pay benefits not excluded for
other benefits.
``12737. Limitation on active duty.
``12738. Limitations on revocation of retired pay.
``12739. Computation of retired pay.
``Sec. 12731. Age and service requirements
``(a) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under
section 12739 of this title, if the person--
``(1) is at least 60 years of age;
``(2) has performed at least 20 years of service computed
under section 12732 of this title;
``(3) performed the last eight years of qualifying service
while a member of any category named in section 12732(a)(1)
of this title, but not while a member of a regular component,
the Fleet Reserve, or the Fleet Marine Corps Reserve; and
``(4) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member
of the Fleet Reserve or the Fleet Marine Corps Reserve.
``(b) Application for retired pay under this section must
be made to the Secretary of the military department, or the
Secretary of Transportation, as the case may be, having
jurisdiction at the time of application over the armed force
in which the applicant is serving or last served.
``(c)(1) A person who, before August 16, 1945, was a
Reserve of an armed force, or a member of the Army without
component or other category covered by section 12732(a)(1) of
this title except a regular component, is not eligible for
retired pay under this chapter unless--
``(A) the person performed active duty during World War I
or World War II; or
``(B) the person performed active duty (other than for
training) during the Korean conflict, the Berlin crisis, or
the Vietnam era.
``(2) In this subsection:
``(A) The term `World War I' means the period beginning on
April 6, 1917, and ending on November 11, 1918.
``(B) The term `World War II' means the period beginning on
September 9, 1940, and ending on December 31, 1946.
``(C) The term ``Korean conflict' means the period
beginning on June 27, 1950, and ending on July 27, 1953.
``(D) The term ``Berlin crisis' means the period beginning
on August 14, 1961, and ending on May 30, 1963.
``(E) The term ``Vietnam era' means the period beginning on
August 5, 1964, and ending on March 27, 1973.
``(d) The Secretary concerned shall notify each person who
has completed the years of service required for eligibility
for retired pay under this chapter. The notice shall be sent,
in writing, to the person concerned within one year after the
person completes that service. The notice shall include
notice of the elections available to such person under the
Survivor Benefit Plan established under subchapter II of
chapter 73 of this title and the Supplemental Survivor
Benefit Plan established under subchapter III of that
chapter, and the effects of such elections.
``(e) Notwithstanding section 8301 of title 5, the date of
entitlement to retired pay under this section shall be the
date on which the requirements of subsection (a) have been
completed.
``Sec. 12731a. Temporary special retirement qualification
authority
``(a) Retirement With At Least 15 Years of Service.--For
the purposes of section 12731 of this title, the Secretary
concerned may--
``(1) during the period described in subsection (b),
determine to treat a member of the Selected Reserve of a
reserve component of the armed force under the jurisdiction
of that Secretary as having met the service requirements of
subsection (a)(2) of that section and provide the member with
the notification required by subsection (d) of that section
if the member--
``(A) as of October 1, 1991, has completed at least 15, and
less than 20, years of service computed under section 12732
of this title; or
``(B) after that date and before October 1, 1999, completes
15 years of service computed under that section; and
``(2) upon the request of the member submitted to the
Secretary, transfer the member to the Retired Reserve.
``(b) Period of Authority.--The period referred to in
subsection (a)(1) is the period beginning on October 23,
1992, and ending on October 1, 1999.
``(c) Applicability Subject to Needs of the Service.--(1)
The Secretary concerned may limit the applicability of
subsection (a) to any category of personnel defined by the
Secretary in order to meet a need of the armed force under
the jurisdiction of the Secretary to reduce the number of
members in certain grades, the number of members who have
completed a certain number of years of service, or the number
of members who possess certain military skills or are serving
in designated competitive categories.
``(2) A limitation under paragraph (1) shall be consistent
with the purpose set forth in section 4414(a) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2713).
``(d) Exclusion.--This section does not apply to persons
referred to in section 12731(c) of this title.
``(e) Regulations.--The authority provided in this section
shall be subject to regulations prescribed by the Secretary
of Defense and by the Secretary of Transportation with
respect to the Coast Guard.
``Sec. 12732. Entitlement to retired pay: computation of
years of service
``(a) Except as provided in subsection (b), for the purpose
of determining whether a person is entitled to retired pay
under section 12731 of this title, the person's years of
service are computed by adding the following:
``(1) The person's years of service, before July 1, 1949,
in the following:
``(A) The armed forces.
``(B) The federally recognized National Guard before June
15, 1933.
``(C) A federally recognized status in the National Guard
before June 15, 1933.
``(D) The National Guard after June 14, 1933, if his
service therein was continuous from the date of his
enlistment in the National Guard, or his Federal recognition
as an officer therein, to the date of his enlistment or
appointment, as the case may be, in the National Guard of the
United States, the Army National Guard of the United States,
or the Air National Guard of the United States.
``(E) The Naval Reserve Force.
``(F) The Naval Militia that conformed to the standards
prescribed by the Secretary of the Navy.
``(G) The National Naval Volunteers.
``(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse
Corps Reserve of the Army, or the Nurse Corps Reserve of the
Navy, as it existed at any time after February 2, 1901.
``(I) The Army under an appointment under the Act of
December 22, 1942 (ch. 805, 56 Stat. 1072).
``(J) An active full-time status, except as a student or
apprentice, with the Medical Department of the Army as a
civilian employee--
``(i) in the dietetic or physical therapy categories, if
the service was performed after April 6, 1917, and before
April 1, 1943; or
``(ii) in the occupational therapy category, if the service
was performed before appointment in the Army Nurse Corps or
the Women's Medical Specialist Corps and before January 1,
1949, or before appointment in the Air Force before January
1, 1949, with a view to designation as an Air Force nurse or
medical specialist.
``(2) Each one-year period, after July 1, 1949, in which
the person has been credited with at least 50 points on the
following basis:
``(A) One point for each day of--
``(i) active service; or
``(ii) full-time service under sections 316, 502, 503, 504,
and 505 of title 32 while performing annual training duty or
while attending a prescribed course of instruction at a
school designated as a service school by law or by the
Secretary concerned;
if that service conformed to required standards and
qualifications.
``(B) One point for each attendance at a drill or period of
equivalent instruction that was prescribed for that year by
the Secretary concerned and conformed to the requirements
prescribed by law, including attendance under section 502 of
title 32.
``(C) Points at the rate of 15 a year for membership--
``(i) in a reserve component of an armed force,
``(ii) in the Army or the Air Force without component, or
``(iii) in any other category covered by subsection (a)(1)
except a regular component.
For the purpose of clauses (A), (B), and (C), service in the
National Guard shall be treated as if it were service in a
reserve component, if the person concerned was later
appointed in the National Guard of the United States, the
Army National Guard of the United States, the Air National
Guard of the United States, or as a Reserve of the Army or
the Air Force, and served continuously in the National Guard
from the date of his Federal recognition to the date of that
appointment.
``(3) The person's years of active service in the
Commissioned Corps of the Public Health Service.
``(4) The person's years of active commissioned service in
the National Oceanic and Atmospheric Administration
(including active commissioned service in the Environmental
Science Services Administration and in the Coast and Geodetic
Survey).
``(b) The following service may not be counted under
subsection (a):
``(1) Service (other than active service) in an inactive
section of the Organized Reserve Corps or of the Army
Reserve, or in an inactive section of the officers' section
of the Air Force Reserve.
``(2) Service (other than active service) after June 30,
1949, while on the Honorary Retired List of the Naval Reserve
or of the Marine Corps Reserve.
``(3) Service in the inactive National Guard.
``(4) Service in a non-federally recognized status in the
National Guard.
``(5) Service in the Fleet Reserve or the Fleet Marine
Corps Reserve.
``(6) Service as an inactive Reserve nurse of the Army
Nurse Corps established by the Act of February 2, 1901 (ch.
192, 31 Stat. 753), as amended, and service before July 1,
1938, as an inactive Reserve nurse of the Navy Nurse Corps
established by the Act of May 13, 1908 (ch. 166, 35 Stat.
146).
``(7) Service in any status other than that as commissioned
officer, warrant officer, nurse, flight officer, aviation
midshipman, appointed aviation cadet, or enlisted member, and
that described in clauses (I) and (J) of subsection (a)(1).
``Sec. 12733. Computation of retired pay: computation of
years of service
``For the purpose of computing the retired pay of a person
under this chapter, the person's years of service and any
fraction of such a year are computed by dividing 360 into the
sum of the following:
``(1) The person's days of active service.
``(2) The person's days of full-time service under sections
316, 502, 503, 504, and 505 of title 32 while performing
annual training duty or while attending a prescribed course
of instruction at a school designated as a service school by
law or by the Secretary concerned.
``(3) One day for each point credited to the person under
clause (B) or (C) of section 12732(a)(2) of this title, but
not more than 60 days in any one year.
``(4) 50 days for each year before July 1, 1949, and
proportionately for each fraction of a year, of service
(other than active service) in a reserve component of an
armed force, in the Army or the Air Force without component,
or in any other category covered by section 12732(a)(1) of
this title, except a regular component.
``Sec. 12734. Time not creditable toward years of service
``(a) Service in an inactive status may not be counted in
any computation of years of service under this chapter.
``(b) Time spent after retirement (without pay) for failure
to conform to standards and qualifications prescribed under
section 12641 of this title may not be credited in a
computation of years of service under this chapter.
``Sec. 12735. Inactive status list
``(a) A member who would be eligible for retired pay under
this chapter but for the fact that that member is under 60
years of age may be transferred, at his request and by
direction of the Secretary concerned, to such inactive status
list as may be established for members of his armed force,
other than members of a regular component.
``(b) While on an inactive status list under subsection
(a), a member is not required to participate in any training
or other program prescribed for his component.
``(c) The Secretary may at any time recall to active status
a member who is on an inactive status list under subsection
(a).
``Sec. 12736. Service credited for retired pay benefits not
excluded for other benefits
``No period of service included wholly or partly in
determining a person's right to, or the amount of, retired
pay under this chapter may be excluded in determining his
eligibility for any annuity, pension, or old-age benefit,
under any other law, on account of civilian employment by the
United States or otherwise, or in determining the amount
payable under that law, if that service is otherwise properly
credited under it.
``Sec. 12737. Limitation on active duty
``A member of the armed forces may not be ordered to active
duty solely for the purpose of qualifying the member for
retired pay under this chapter.
``Sec. 12738. Limitations on revocation of retired pay
``(a) After a person is granted retired pay under this
chapter, or is notified in accordance with section 12731(d)
of this title that the person has completed the years of
service required for eligibility for retired pay under this
chapter, the person's eligibility for retired pay may not be
denied or revoked on the basis of any error, miscalculation,
misinformation, or administrative determination of years of
service performed as required by section 12731(a)(2) of this
title, unless it resulted directly from the fraud or
misrepresentation of the person.
``(b) The number of years of creditable service upon which
retired pay is computed may be adjusted to correct any error,
miscalculation, misinformation, or administrative
determination and when such a correction is made the person
is entitled to retired pay in accordance with the number of
years of creditable service, as corrected, from the date the
person is granted retired pay.
``Sec. 12739. Computation of retired pay
``(a) The monthly retired pay of a person entitled to that
pay under this chapter is the product of--
``(1) the retired pay base for that person as computed
under section 1406(b)(2) or 1407 of this title; and
``(2) 2\1/2\ percent of the years of service credited to
that person under section 12733 of this title.
``(b) The amount computed under subsection (a) may not
exceed 75 percent of the retired pay base upon which the
computation is based.
``(c) Amounts computed under this section, if not a
multiple of $1, shall be rounded down to the next lower
multiple of $1.''.
(2) Section 1401(a) is amended by striking out formula
number 3 in the table set forth in that section.
(3) Section 1405(a)(3) is amended by striking out ``section
1333'' and ``section 1331'' and inserting in lieu thereof
``section 12733'' and ``section 12731'', respectively.
(4) Section 1406(b) is amended--
(A) by striking out the matter preceding the table and
inserting in lieu thereof the following:
``(b) Retirement Under Subtitle A or E.--
``(1) Disability, warrant officer, and dopma retirement.--
In the case of a person whose retired pay is computed under
this subtitle, the retired pay base is determined in
accordance with the following table.'';
(B) in the table--
(i) by striking out the entry relating to section 1331
(including the matter relating to that entry in the column
under the heading ``The retired pay base is:''); and
(ii) by redesignating the references to footnotes 3 and 4
so as to refer to footnotes 2 and 3, respectively;
(C) by striking out footnote 2 to the table and
redesignating footnotes 3 and 4 as footnotes 2 and 3,
respectively; and
(D) by adding at the end the following:
``(2) Non-regular service retirement.--In the case of a
person who is entitled to retired pay under section 12731 of
this title, the retired pay base is the monthly basic pay,
determined at the rates applicable on the date when retired
pay is granted, of the highest grade held satisfactorily by
the person at any time in the armed forces. For purposes of
the preceding sentence, the highest grade in which a person
served satisfactorily as an officer shall be determined in
accordance with section 1370(d) of this title.''.
(5) Section 1407 is amended--
(A) in subsection (c)(2)(B), by striking out ``chapter 67''
and inserting in lieu thereof ``chapter 1223''; and
(B) in subsection (f)(2)--
(i) by striking out ``Chapter 67'' in the heading and
inserting in lieu thereof ``Chapter 1223''; and
(ii) by striking out ``section 1331'' and inserting in lieu
thereof ``section 12731''.
(6) Section 1409(a)(1)(B) is amended by striking out
``chapter 67'' and inserting in lieu thereof ``chapter
1223''.
(7) Part II of subtitle A is amended by inserting after
chapter 65 the following:
``CHAPTER 67--RETIRED PAY FOR NONREGULAR SERVICE
``Sec.
``1331. Reference to chapter 1223.
``Sec. 1331. Reference to chapter 1223
``Provisions of law relating to retired pay for nonregular
service are set forth in chapter 1223 of this title
(beginning with section 12731).''.
(8) Section 6034 is repealed.
(k) Retired Grade.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1223 (as added by subsection (j)) the following:
``CHAPTER 1225--RETIRED GRADE
``Sec.
``12771. Reserve officers: grade on transfer to Retired Reserve.
``12772. Reserve commissioned officers who have served as Attending
Physician to the Congress: grade on transfer to Retired
Reserve.
``12773. Limitation on accrual of increased pay or benefits.
``12774. Retired lists.
``Sec. 12771. Reserve officers: grade on transfer to Retired
Reserve
``Unless entitled to a higher grade under another provision
of law, a reserve commissioned officer, other than a
commissioned warrant officer, who is transferred to the
Retired Reserve is entitled to be placed on the retired list
established by section 12774(a) of this title in the highest
grade in which he served satisfactorily, as determined by the
Secretary concerned and in accordance with section 1370(d),
in the armed force in which he is serving on the date of
transfer.
``Sec. 12772. Reserve commissioned officers who have served
as Attending Physician to the Congress: grade on transfer
to Retired Reserve
``Unless entitled to a higher grade under another provision
of law, a reserve commissioned officer who is transferred to
the Retired Reserve after having served in the position of
Attending Physician to the Congress is entitled to be placed
on the retired list established by section 12774(a) of this
title in the grade held by the officer while serving in that
position.
``Sec. 12773. Limitation on accrual of increased pay or
benefits
``Unless otherwise provided by law, no person is entitled
to increased pay or other benefits because of sections 12771
and 12772 of this title.
``Sec. 12774. Retired lists
``(a) Under regulations prescribed by the Secretary
concerned, there shall be maintained retired lists containing
the names of the Reserves of the armed forces under the
Secretary's jurisdiction who are in the Retired Reserve.
``(b) The Secretary of the Navy shall maintain a United
States Naval Reserve Retired List containing the names of
members of the Naval Reserve and the Marine Corps Reserve
entitled to retired pay.''.
(2) Sections 1374 and 6017 are repealed.
(3)(A) Section 1376 is amended--
(i) by striking out subsection (a); and
(ii) by striking out ``(b)'' before ``The Secretary
concerned''.
(B) The heading of that section is amended to read as
follows:
``Sec. 1376. Temporary disability retired lists''.
SEC. 1263. LAWS RELATING TO RESERVE COMPONENT TRAINING AND
EDUCATIONAL ASSISTANCE PROGRAMS.
(a) Training Generally.--Subtitle E, as added by section
1211, is amended by adding after part III of such subtitle
(as added by that section) the following:
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``Chap. Sec.
``1601. Training Generally..................................[No present
sections]
``1606. Educational Assistance for Members of the Selected Res16131....
``1608. Health Professions Stipend Program....................16201....
``1609. Education Loan Repayments.............................16301....
``CHAPTER 1601--TRAINING GENERALLY
``[No present sections]''.
(b) Montgomery GI Bill for Selected Reserve.--(1) Part IV
of subtitle E (as added by subsection (a)) is amended by
adding at the end the following:
``CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
RESERVE
``Sec.
``16131. Educational assistance program: establishment; amount.
``16132. Eligibility for educational assistance.
``16133. Time limitations for use of entitlement.
``16134. Termination of assistance.
``16135. Failure to participate satisfactorily; penalties.
``16136. Administration of program.
``16137. Reports to Congress.''.
(2) Sections 2131 through 2137 are transferred to chapter
1606, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section section
2131........................................................16131
2132........................................................16132
2133........................................................16133
2134........................................................16134
2135........................................................16135
2136........................................................16136
2137........................................................16137
(3) Section 16131 (as so redesignated) is amended--
(A) in subsection (c)(3)(B)(i), by striking out ``section
672 (a), (d), or (g), 673, or 673b'' and inserting in lieu
thereof ``section 12301(a), 12301(d), 12301(g), 12302, or
12304''; and
(B) in subsection (g)(1), by striking out ``section
2136(c)'' and inserting in lieu thereof ``section 16136(c)''.
(4) Section 16132 (as so redesignated) is amended--
(A) in subsection (a), by striking out ``section 2131'' and
inserting in lieu thereof ``section 16131''; and
(B) in subsection (c), by striking out ``sections 2134 and
2135'' and inserting in lieu thereof ``section 16134 and
16135''.
(5) Section 16133 (as so redesignated) is amended--
(A) in subsection (b)(1)(B), by striking out ``section
268(b)'' and inserting in lieu thereof ``section 10143(a)'';
and
(B) in subsection (b)(4)(A), by striking out ``section 672
(a), (d), or (g), 673, or 673b'' and inserting in lieu
thereof ``section 12301(a), 12301(d), 12301(g), 12302, or
12304''.
(6) Section 16135 (as so redesignated) is amended--
(A) by striking out ``section 2132'' in subsection
(a)(1)(A) and inserting in lieu thereof ``section 16132'';
and
(B) by striking out ``section 2132(a)'' in subsection
(b)(1)(A) and inserting in lieu thereof ``section 16132(a)''.
(7) Chapter 106 is amended by striking out the table of
sections at the beginning and inserting in lieu thereof the
following:
``Sec.
``2131. Reference to chapter 1606.
``2138. Savings provision.
``Sec. 2131. Reference to chapter 1606
``Provisions of law relating to educational assistance for
members of the Selected Reserve under the Montgomery GI Bill
program are set forth in chapter 1606 of this title
(beginning with section 16131).''.
(c) Health Professions Stipend Program.--(1) Part IV of
subtitle E (as added by subsection (a)) is amended by adding
after chapter 1606 (as added by subsection (b)) the
following:
``CHAPTER 1608--HEALTH PROFESSIONS STIPEND PROGRAM
``Sec.
``16201. Financial assistance: health-care professionals in reserve
components.
``16202. Reserve service: required active duty for training.
``16203. Penalties and limitations.
``16204. Regulations.
``Sec. 16204. Regulations
``This chapter shall be administered under regulations
prescribed by the Secretary of Defense.''.
(2) Section 2128 is transferred to chapter 1608, as added
by paragraph (1), inserted after the table of sections,
redesignated as section 16201, and amended by striking out
subsection (f).
(3) Section 2129 is transferred to chapter 1608, as added
by paragraph (1), inserted after section 16201 (as
transferred and redesignated by paragraph (2)), and
redesignated as section 16202.
(4)(A) Section 2130 is transferred to chapter 1608, as
added by paragraph (1), inserted after section 16202 (as
transferred and redesignated by paragraph (3)), redesignated
as section 16203, and amended by striking out subsection (c).
(B) The heading of that section is amended to read as
follows:
``Sec. 16203. Penalties and limitations''.
(5) Section 16201, as so redesignated, is amended by
striking out ``subchapter'' each place it appears and
inserting in lieu thereof ``chapter''.
(6) Section 16202, as so redesignated, is amended by
striking out ``section 2128'' both places it appears and
inserting in lieu thereof ``section 16201''.
(7) Chapter 105 is amended--
(A) in the table of subchapters before subchapter I--
(i) by striking out the item relating to subchapter II; and
(ii) by redesignating the item relating to subchapter III
so as to refer to subchapter II;
(B) by striking out the heading for subchapter II and the
table of sections following that heading; and
(C) by redesignating subchapter III as subchapter II.
(d) Education Loan Repayment Programs.--(1) Part IV of
subtitle E (as added by subsection (a)) is amended by adding
after chapter 1608 (as added by subsection (c) the following:
``CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS
``Sec.
``16301. Education loan repayment program: enlisted members of Selected
Reserve with critical specialties.
``16302. Education loan repayment program: health professions officers
serving in Selected Reserve with wartime critical medical
skill shortages.
``Sec. 16301. Education loan repayment program: enlisted
members of Selected Reserve with critical specialties
``(a)(1) Subject to the provisions of this section, the
Secretary of Defense may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.); or
``(B) any loan made under part E of such title (20 U.S.C.
1087aa et seq.).
Repayment of any such loan shall be made on the basis of each
complete year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph
(1) in the case of any person for service performed as an
enlisted member of the Selected Reserve of the Ready Reserve
of an armed force in a reserve component and military
specialty specified by the Secretary of Defense. The
Secretary may repay such a loan only if the person to whom
the loan was made performed such service after the loan was
made.
``(b) The portion or amount of a loan that may be repaid
under subsection (a) is 15 percent or $500, whichever is
greater, for each year of service.
``(c) If a portion of a loan is repaid under this section
for any year, interest on the remainder of the loan shall
accrue and be paid in the same manner as is otherwise
required.
``(d) Nothing in this section shall be construed to
authorize refunding any repayment of a loan.
``(e) A person who transfers from service making the person
eligible for repayment of loans under this section (as
described in subsection (a)(2)) to service making the person
eligible for repayment of loans under section 2171 of this
title (as described in subsection (a)(2) of that section)
during a year shall be eligible to have repaid a portion of
such loan determined by giving appropriate fractional credit
for each portion of the year so served, in accordance with
regulations of the Secretary concerned.
``(f) The Secretary of Defense shall, by regulation,
prescribe a schedule for the allocation of funds made
available to carry out the provisions of this section and
section 2171 of this title during any year for which funds
are not sufficient to pay the sum of the amounts eligible for
repayment under subsection (a) and section 2171(a) of this
title.''.
(2)(A) Section 2172 is transferred to the end of chapter
1609, as added by paragraph (1), and redesignated as section
16302.
(B) The heading of such section is amended to read as
follows:
``Sec. 16302. Education loan repayment program: health
professions officers serving in Selected Reserve with
wartime critical medical skill shortages''.
(e) Conforming Amendments.--Section 2171 is amended as
follows:
(1) Subsection (a)(1)(B) is amended by striking out ``or''
after ``(B)''.
(2) Subsection (a)(2) is amended--
(A) in the first sentence, by striking out ``person for--''
and all that follows through ``(B) service performed'' and
inserting in lieu thereof ``person for service performed'';
and
(B) by striking out the second sentence.
(3) Subsection (b) is amended to read as follows:
``(b) The portion or amount of a loan that may be repaid
under subsection (a) is 33\1/3\ percent or $1,500, whichever
is greater, for each year of service.''.
(4) Subsection (e) is amended by striking out ``Any
individual who transfers from service described in clause (A)
or (B) of subsection (a)(2) to service described in the other
clause of such subsection'' and inserting in lieu thereof ``A
person who transfers from service making the person eligible
for repayment of loans under this section (as described in
subsection (a)(2)) to service making the person eligible for
repayment of loans under section 16301 of this title (as
described in subsection (a)(2) of that section)''.
(5) Subsection (f) is amended--
(A) by inserting ``and section 16301 of this title'' after
``this section''; and
(B) by inserting ``and section 16301(a) of this title''
after ``subsection (a)''.
(6) The heading of such section is amended to read as
follows:
``Sec. 2171. Education loan repayment program: enlisted
members on active duty in specified military specialties''.
SEC. 1264. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT AND
EQUIPMENT.
(a) Addition of New Part.--(1) Subtitle E, as added by
section 1211, is amended by adding after part IV of such
subtitle (as added by section 1263) the following:
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``Chap. Sec.
``1801. Issue of Serviceable Material to Reserve Components.[No present
sections]
``1803. Facilities for Reserve Components.....................18231....
``1805. Miscellaneous Provisions..............................18501....
``CHAPTER 1801--ISSUE OF SERVICEABLE MATERIAL TO RESERVE COMPONENTS
``[No present sections]''.
(b) Facilities for Reserve Components.--(1) Chapter 133 is
transferred to the end of part V of subtitle E, as added by
subsection (a), and redesignated as chapter 1803.
(2) The sections of that chapter are redesignated as
follows:
Redesignated
Section section
2231........................................................18231
2232........................................................18232
2233........................................................18233
2233a......................................................18233a
2234........................................................18234
2235........................................................18235
2236........................................................18236
2237........................................................18237
2238........................................................18238
2239........................................................18239
(3) The items in the table of sections at the beginning of
such chapter are revised to reflect the redesignations made
by paragraph (2).
(4) Section 18233 (as redesignated by paragraph (2)) is
amended by striking out ``sections 2233a, 2234, 2235, 2236,
and 2238'' in subsection (a) and inserting in lieu thereof
``sections 18233a, 18234, 18235, 18236, and 18238''.
(5) Section 18233a (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''; and
(B) in subsection (b), by striking out ``section 2233(a)''
and inserting in lieu thereof ``section 18233(a)''.
(6) Section 18234 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233'' and inserting in
lieu thereof ``section 18233''.
(7) Section 18235 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233(a)(1)'' in subsection
(a)(1) and inserting in lieu thereof ``section 18233''.
(8) Section 18236 (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a)--
(i) by striking out ``section 2233'' in the first sentence
and inserting in lieu thereof ``section 18233''; and
(ii) by striking out ``section 2233(a)(3) or (4)'' in the
second sentence and inserting in lieu thereof ``paragraph (3)
or (4) of section 18233(a)'';
(B) in subsection (b)--
(i) by striking out ``clause (4) or (5) of section
2233(a)'' in the matter preceding paragraph (1) and inserting
in lieu thereof ``paragraph (4) or (5) of section 18233(a)'';
and
(ii) by striking out ``section 2233(e)'' in paragraph (2)
and inserting in lieu thereof ``section 18233(e)''; and
(C) in subsection (c), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''.
(9) Section 18237 (as redesignated by paragraph (2)) is
amended--
(A) in subsection (a), by striking out ``section
2233(a)(2), (3) and (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''; and
(B) in subsection (b), by striking out ``section
2233(a)(2), (3) or (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''.
(10) Section 18239 (as redesignated by paragraph (2)) is
amended by striking out ``section 2233'' both places it
appears and inserting in lieu thereof ``section 18233''.
(11) Part IV of subtitle A is amended by inserting after
chapter 131 the following:
``CHAPTER 133--FACILITIES FOR RESERVE COMPONENTS
``Sec.
``2231. Reference to chapter 1803.
``Sec. 2231. Reference to chapter 1803
``Provisions of law relating to facilities for reserve
components are set forth in chapter 1803 of this title
(beginning with section 18231).''.
(c) Miscellaneous Provisions.--(1) Part V of subtitle E, as
added by subsection (a), is amended by adding after chapter
1803, as transferred by subsection (b), the following:
``CHAPTER 1805--MISCELLANEOUS PROVISIONS
``Sec.
``18501. Reserve components: personnel and logistic support by military
departments.
``18502. Reserve components: supplies, services, and facilities.
``Sec. 18501. Reserve components: personnel and logistic
support by military departments
``The Secretary concerned is responsible for providing the
personnel, equipment, facilities, and other general logistic
support necessary to enable units and Reserves in the Ready
Reserve of the reserve components under his jurisdiction to
satisfy the training requirements and mobilization readiness
requirements for those units and Reserves as recommended by
the Secretary concerned and by the Chairman of the Joint
Chiefs of Staff and approved by the Secretary of Defense, and
as recommended by the Commandant of the Coast Guard and
approved by the Secretary of Transportation when the Coast
Guard is not operated as a service of the Navy.
``Sec. 18502. Reserve components: supplies, services, and
facilities
``(a) The Secretary concerned shall make available to the
reserve components under his jurisdiction the supplies,
services, and facilities of the armed forces under his
jurisdiction that he considers necessary to support and
develop those components.
``(b) Whenever he finds it to be in the best interest of
the United States, the Secretary concerned may issue supplies
of the armed forces under his jurisdiction to the reserve
components under his jurisdiction, without charge to the
appropriations for those components for the cost or value of
the supplies or for any related expense.
``(c) Whenever he finds it to be in the best interest of
the United States, the Secretary of the Army or the Secretary
of the Air Force may issue to the Army National Guard or the
Air National Guard, as the case may be, supplies of the armed
forces under his jurisdiction that are in addition to
supplies issued to that National Guard under section 702 of
title 32 or charged against its appropriations under section
106 or 107 of title 32, without charge to the appropriations
for those components for the cost or value of the supplies or
for any related expense.
``(d) Supplies issued under subsection (b) or (c) may be
repossessed or redistributed as prescribed by the Secretary
concerned.''.
(2) Section 2540 is repealed.
SEC. 1265. LEGISLATIVE CONSTRUCTION.
(a) References to Transferred or Replaced Provisions.--A
reference to a provision of title 10, United States Code,
transferred or replaced by the provisions of sections 301
through 304 (including a reference in a regulation, order, or
other law) shall be treated as referring to that provision as
transferred or to the corresponding provision as so enacted
by this title.
(b) Savings Provision for Regulations.--A regulation, rule,
or order in effect under a provision of title 10, United
States Code, replaced by a provision of that title enacted by
sections 301 through 304 shall continue in effect under the
corresponding provision so enacted until repealed, amended,
or superseded.
(c) General Savings Provision.--An action taken, or a right
that matured, under a provision of title 10, United States
Code, replaced by a provision of that title enacted by
sections 301 through 304 shall be treated as having been
taken, or having matured, under the corresponding provision
so enacted.
Subtitle D--Technical and Clerical Amendments
SEC. 1271. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED
STATES CODE.
(a) Table of Subtitles.--The table of subtitles preceding
subtitle A is amended by adding at the end the following new
item:
``E. Reserve Components....................................10001''.....
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 2 is
amended by striking out the item relating to section 115b.
(2) The table of sections at the beginning of chapter 3 is
amended by striking out the item relating to section 123 and
inserting in lieu thereof the following:
``123. Authority to suspend officer personnel laws during war or
national emergency.''.
(3) The table of sections at the beginning of chapter 31 is
amended by striking out the items relating to sections 510,
511, 512, and 517.
(4) The table of sections at the beginning of chapter 32 is
amended--
(A) by striking out the item relating to section 524; and
(B) by striking out ``524,'' in the item relating to
section 527.
(5) The table of sections at the beginning of subchapter V
of chapter 36 is amended by striking out the item relating to
section 644.
(6) The table of sections at the beginning of chapter 37 is
amended by striking out the item relating to section 652.
(7) The table of sections at the beginning of chapter 39 is
amended--
(A) by striking out the item relating to section 672 and
inserting in lieu thereof the following:
``672. Reference to chapter 1209.'';
and
(B) by striking out the items relating to section 673
through 686 and section 689.
(8) The table of sections at the beginning of chapter 41 is
amended by striking out the item relating to section 715.
(9) The table of sections at the beginning of chapter 53 is
amended by striking out the item relating to section 1033.
(10) The table of sections at the beginning of chapter 59
is amended by striking out the items relating to sections
1162 and 1163.
(11) The table of sections at the beginning of chapter 69
is amended--
(A) by striking out the item relating to section 1374; and
(B) by striking out the item relating to section 1376 and
inserting in lieu thereof the following:
``1376. Temporary disability retired lists.''.
(12) The table of sections at the beginning of chapter 101
is amended by striking out the item relating to section 2001.
(13) The table of sections at the beginning of chapter 109
is amended by striking out the items relating to sections
2171 and 2172 and inserting in lieu thereof the following:
``2171. Education loan repayment program: enlisted members on active
duty in specified military specialties.''.
(14) The table of sections at the beginning of subchapter I
of chapter 152 is amended by striking out the item relating
to section 2540.
(c) Cross-Reference Amendments--
(1) Section 101(a)(13) is amended by striking out ``672(a),
673, 673b, 673c, 688, 3500, or 8500'' and inserting in lieu
thereof ``688, 12301(a), 12302, 12304, 12305, or 12406''.
(2) Section 113(c)(3) is amended by striking out ``chapters
51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title,
as far as they apply to reserve officers'' and inserting in
lieu thereof ``chapters 1219 and 1401 through 1411 of this
title ''.
(3) Section 523(b)(1) is amended--
(A) in subparagraph (B), by striking out ``section 265''
and all that follows through ``of this title'' and inserting
in lieu thereof ``section 10211, 10302 through 10305, or
12402 of this title'';
(B) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(C) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(4) Section 527 is amended by striking out ``524,'' in the
text and in the heading.
(5) Section 641(1) is amended--
(A) in subparagraph (B), by striking out ``section 175''
and all that follows through ``of this title'' and inserting
in lieu thereof ``section 3038, 8038, 10211, 10301 through
10305, 10501, or 12402 of this title'';
(B) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(C) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(6) Sections 1201, 1202, and 1203 are each amended by
striking out ``section 270(b)'' and inserting in lieu thereof
``section 10148(a)''.
(7)(A) Section 1076(b)(2)(A) is amended by striking out
``under chapter 67 of this title'' and inserting in lieu
thereof ``under chapter 1223 of this title (or under chapter
67 of this title as in effect before the effective date of
the Reserve Officer Personnel Management Act)'':
(B) Section 1370(a)(1) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(8) Section 1482(f)(2) is amended by striking out ``section
1332'' and ``section 1331'' and inserting in lieu thereof
``section 12732'' and ``12731'', respectively.
(d) Survivor Benefit Plan.--Subchapter II of chapter 73 is
amended as follows:
(1) Section 1447(14) is amended by striking out ``chapter
67 of this title'' and inserting in lieu thereof ``chapter
1223 of this title (or under chapter 67 of this title as in
effect before the effective date of the Reserve Officer
Personnel Management Act)''.
(2) The following provisions are amended by striking out
``section 1331(d)'' and inserting in lieu thereof ``section
12731(d)'': sections 1447(2)(C), 1448(a)(2)(B),
1448(f)(1)(A), and 1448(f)(1)(B).
SEC. 1272. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--The table of chapters at the
beginning of subtitle B, and the table of chapters at the
beginning of part II of that subtitle, are each amended by
striking out the items relating to chapters 337, 361, and
363.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 305
is amended by striking out the item relating to section 3040.
(2) The table of sections at the beginning of chapter 307
is amended by striking out the items relating to section 3076
through 3080 and section 3082.
(3) The table of sections at the beginning of chapter 331
is amended by striking out the items relating to section 3212
and sections 3217 through 3225.
(4) The table of sections at the beginning of chapter 333
is amended by striking out the items relating to sections
3259, 3260, and 3261.
(5) The table of sections at the beginning of chapter 341
is amended by striking out the items relating to sections
3495 through 3502.
(6) The table of sections at the beginning of chapter 343
is amended by striking out the items relating to sections
3541 and 3542.
(7) The table of sections at the beginning of chapter 353
is amended by striking out the item relating to section 3686.
(c) Cross Reference Amendments.--
(1) Section 3038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 3961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 4342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
SEC. 1273. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--
(1) The table of chapters at the beginning of subtitle C is
amended by striking out the items relating to chapters 519,
531, 541, and 549.
(2) The table of chapters at the beginning of part I of
subtitle C is amended by striking out the item relating to
chapter 519.
(3) The table of chapters at the beginning of part II of
subtitle C is amended by striking out the items relating to
chapters 531, 541, and 549.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 533
is amended by striking out the items relating to sections
5456, 5457, and 5458.
(2) The table of sections at the beginning of chapter 539
is amended by striking out the item relating to section 5600.
(3) The table of sections at the beginning of chapter 555
is amended by striking out the items relating to sections
6017 and 6034.
(4) The table of sections at the beginning of chapter 573
is amended by striking out the items relating to sections
6391, 6392, 6397, 6403, and 6410.
(c) Cross Reference Amendments.--
(1) Section 6389(a) is amended by striking out ``section
1005'' and inserting in lieu thereof ``section 12645''.
(2) Section 6954(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
(d) Repeal of Section Redundant with Section 741.--
(1) Section 5506 is repealed.
(2) The table of sections at the beginning of chapter 535
is amended by striking out the item relating to section 5506.
SEC. 1274. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED
STATES CODE.
(a) Tables of Chapters.--The table of chapters at the
beginning of subtitle D, and the table of chapters at the
beginning of part II of that subtitle, are each amended by
striking out the items relating to chapters 837 and 863.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 807
is amended by striking out the items relating to sections
8076 through 8080.
(2) The table of sections at the beginning of chapter 831
is amended by striking out the items relating to section 8212
and sections 8217 through 8225.
(3) The table of sections at the beginning of chapter 833
is amended by striking out the items relating to sections
8259, 8260, and 8261.
(4) The table of sections at the beginning of chapter 841
is amended by striking out the items relating to sections
8495 through 8502.
(5) The table of sections at the beginning of chapter 843
is amended by striking out the items relating to sections
8541 and 8542.
(6) The table of sections at the beginning of chapter 853
is amended by striking out the item relating to section 8686.
(7) The table of sections at the beginning of chapter 861
is amended by striking out the items relating to sections
8819 and 8820.
(c) Cross Reference Amendments.--
(1) Section 8038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 8961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 9342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
SEC. 1275. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED
STATES CODE.
(a) Chapter 1203.--Section 12102 (as transferred and
redesignated by section 1262(b)(2)) is amended by striking
out ``section 3261 or 8261'' in subsection (a) and inserting
in lieu thereof ``section 12107''.
(b) Chapter 1205.--Sections of chapter 1205 (as transferred
and redesignated by section 1262(c)(2)) are amended as
follows:
(1) Section 12203 is amended by striking out ``3352, or
8352'' in subsection (a) and inserting in lieu thereof
``12213, or 12214''.
(2) Sections 12213 and 12214 are amended by striking out
``or Territory, Puerto Rico, or the District of Columbia,
whichever is'' in subsection (a).
(c) Chapter 1209.--Sections of chapter 1209 (as transferred
and redesignated by section 1262(e)(2)) are amended as
follows:
(1) Section 12301 is amended--
(A) in subsection (b), by striking out ``or Territory'' and
all that follows through the period at the end and inserting
in lieu thereof ``(or, in the case of the District of
Columbia National Guard, the commanding general of the
District of Columbia National Guard).''; and
(B) in subsection (d), by striking out ``or Territory,
Puerto Rico, or the District of Columbia, whichever is''.
(2) Section 12304 is amended--
(A) by striking out ``section 673(a)'' in subsection (a)
and inserting in lieu thereof ``section 12302(a)'';
(B) by striking out ``section 268(b)'' in subsection (a)
and inserting in lieu thereof ``section 10143(a)''; and
(C) by striking out ``section 3500 or 8500'' in subsection
(b) and inserting in lieu thereof ``section 12406''.
(3) Section 12305 is amended by striking out ``section 672,
673, or 673b'' in subsections (a) and (b) and inserting in
lieu thereof ``section 12301, 12302, or 12304''.
(4) Section 12306 is amended by striking out ``section
672'' in subsection (a) and inserting in lieu thereof
``section 12301''.
(5) Section 12307 is amended by striking out ``section
672(a) or 688'', ``section 1001(b)'', and ``chapter 67'' and
inserting in lieu thereof ``section 688 or 12301(a)'',
``section 12641(b)'', and ``chapter 1223'', respectively.
(6) Section 12308 is amended by striking out ``chapter 67''
and ``section 1332(b)'' and inserting in lieu thereof
``chapter 1223'' and ``section 12732(b)'', respectively.
(7) Section 12310 is amended by striking out ``section
672(d)'' in subsection (a) and inserting in lieu thereof
``section 12301(d)''.
(8) Section 12312 is amended by striking out ``section
679(a)'' in subsections (a) and (b) and inserting in lieu
thereof ``section 12311(a)''.
(9) Section 12318 is amended--
(A) by striking out ``section 673 or 673b'' in subsections
(a) and (b) and inserting in lieu thereof ``section 12302 or
12304''; and
(B) by striking out ``section 678'' in subsection (b) and
inserting in lieu thereof ``section 12310''.
(10) Section 12319(d) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(11) Section 12320 is amended by striking out ``section
3353, 5600, or 8353'' and inserting in lieu thereof ``section
12207''.
(d) Chapter 1219.--Sections of chapter 1219 (as transferred
and redesignated by section 1262(h)) are amended as follows:
(1) Section 12642 is amended--
(A) by striking out ``section 1332(a)(2)'' in subsection
(a) and inserting in lieu thereof ``section 12732(a)(2)'';
and
(B) by striking out ``section 1005'' in subsection (b) and
inserting in lieu thereof ``section 12645''.
(2) Section 12645 is amended by striking out ``chapter 337,
361, 363, 573, 837, 861, or 863'' in subsection (a) and
inserting in lieu thereof ``chapter 573, 1407, 1409, or
1411''.
(3) Section 12646 is amended--
(A) by striking out ``section 1332'' each place it appears
in subsections (a) and (b) and inserting in lieu thereof
``section 12732'';
(B) by striking out ``chapter 337, 361, 363, 573, 837, 861,
or 863'' in subsections (a) and (b) and inserting in lieu
thereof ``chapter 573, 1407, or 1409''; and
(C) by striking out subsection (e) and inserting in lieu
thereof the following:
``(e)(1) A reserve commissioned officer on active duty
(other than for training) or full-time National Guard duty
(other than full-time National Guard duty for training only)
who, on the date on which the officer would otherwise be
removed from an active status under section 6389, 14513, or
14514 of this title or section 740 of title 14, is within two
years of qualifying for retirement under section 3911, 6323,
or 8911 of this title may, in the discretion of the Secretary
concerned and subject to paragraph (2), be retained on that
duty for a period of not more than two years.
``(2) An officer may be retained on active duty or full-
time National Guard duty under paragraph (1) only if--
``(A) at the end of the period for which the officer is
retained the officer will be qualified for retirement under
section 3911, 6323, or 8911 of this title; and
``(B) the officer will not, before the end of that period,
reach the age at which transfer from an active status or
discharge is required by this title or title 14.
``(3) An officer who is retained on active duty or full-
time National Guard duty under this section may not be
removed from an active status while on that duty.''.
(4) Section 12647 is amended by striking out ``chapters
337, 363, 573, 837, and 863'' and inserting in lieu thereof
``chapters 573, 1407, and 1409''.
SEC. 1276. AMENDMENTS TO TITLES 32 AND 37, UNITED STATES
CODE.
(a) Title 32, United States Code.--Title 32, United States
Code, is amended as follows:
(1) Section 107(c) is amended by striking out ``section
3496 or 8496'' and inserting in lieu thereof ``section
12402''.
(2) Section 307(a)(3) is amended by striking out ``and
sections 8365 and 8366 of title 10''.
(3) Section 323(c) is amended by striking out ``section
3259, 3352(a), 8259, or 8352(a)'' and inserting in lieu
thereof ``section 12105, 12213(a), or 12214(a)''.
(4) The items relating to sections 309 and 310 in the table
of sections at the beginning of chapter 3 are amended to read
as follows:
``309. Federal recognition of National Guard officers: officers
promoted to fill vacancies.
``310. Federal recognition of National Guard officers: automatic
recognition.''.
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 204(a)(2) is amended by striking out ``section
3021, 3496, 3541, 8021, 8496, or 8541'' and inserting in lieu
thereof ``section 10302, 10305, 10502, or 12402''.
(2) Section 205(e)(2) is amended--
(A) by striking out ``section 511(b) or 511(d)'' in
subparagraph (A) and inserting in lieu thereof ``section
12103(b) or 12103(d)''; and
(B) by striking out ``chapter 39'' in subparagraph (B) and
inserting in lieu thereof ``chapter 1209''.
(3) Section 905 is amended--
(A) by striking out ``chapter 549'' in subsection (a) and
inserting in lieu thereof ``chapter 1405''; and
(B) by striking out ``section 5908'' in subsection (b) and
inserting in lieu thereof ``section 14308(b)''.
SEC. 1277. AMENDMENTS TO OTHER LAWS.
(a) Title 5, United States Code.--Title 5, United States
Code, is amended as follows:
(1) Section 5517(d)(2) is amended by striking out ``section
270(a) of title 10'' and inserting in lieu thereof ``section
10147 of title 10''
(2) Section 6323(b) is amended--
(A) in paragraph (1), by striking out ``section 261 of
title 10'' and inserting in lieu thereof ``section 10101 of
title 10''.
(B) in paragraph (2)(A), by striking out ``3500, or 8500 of
title 10'' and inserting in lieu thereof ``or 12406 of title
10''.
(3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are amended by
striking out ``chapter 67 of title 10'' and inserting in lieu
thereof ``chapter 1223 of title 10 (or under chapter 67 of
that title as in effect before the effective date of the
Reserve Officer Personnel Management Act)''.
(4) Sections 8401(30) and 8456(a)(1)(A) are amended by
striking out ``section 261(a) of title 10'' and inserting in
lieu thereof ``section 10101 of title 10''.
(b) Title 14, United States Code.--Title 14, United States
Code, is amended as follows:
(1) Section 41a(a) is amended by striking out ``section 679
of title 10'' and inserting in lieu thereof ``section 12311
of title 10''.
(2) Section 271(e) is amended by striking out ``section 593
of title 10'' and inserting in lieu thereof ``section 12203
of title 10''.
(3) Section 712(c)(1) is amended by striking out ``section
270 of title 10'' and inserting in lieu thereof ``section
10147 of title 10''.
(4) Section 713 is amended by striking out ``section 511(d)
of title 10'' and inserting in lieu thereof ``section
12103(d) of title 10''.
(5) Sections 740(c) and 741(b) are amended by striking out
``section 1006 of title 10'' and inserting in lieu thereof
``section 12646 of title 10''.
(c) Internal Revenue Code of 1986.--Section 219(g)(6)(A) of
the Internal Revenue Code of 1986 is amended by striking out
``section 261(a) of title 10'' and inserting in lieu thereof
``section 10101 of title 10''.
(d) Title 38, United States Code.--Title 38, United States
Code, is amended as follows:
(1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are
amended by striking out ``chapter 67 of title 10'' and
inserting in lieu thereof ``chapter 1223 of title 10 (or
under chapter 67 of that title as in effect before the
effective date of the Reserve Officer Personnel Management
Act)''.
(2) Section 3002 is amended--
(A) in paragraph (4), by striking out ``section 268(b) of
title 10'' and inserting in lieu thereof ``section 10143(a)
of title 10''; and
(B) in paragraph (6), by striking out ``section 511(d) of
title 10'' and inserting in lieu thereof ``section 12103(d)
of title 10''.
(e) Public Law 99-661.--Section 403(b)(1) of Public Law 99-
661 (10 U.S.C. 521 note) is amended--
(1) in subparagraph (B), by striking out ``section 265''
and all that follows through ``of title 10'' and inserting in
lieu thereof ``section 10148(a), 10211, 10302 through 10305,
12301(a), or 12402 of title 10'';
(2) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(3) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(f) Military Selective Service Act.--Section 6 of the
Military Selective Service Act (50 U.S.C. App. 456) is
amended--
(1) in subsection (c)(2)(A), by striking out ``section 270
of title 10'' and inserting in lieu thereof ``section 10147
of title 10'';
(2) in subsection (c)(2)(D), by striking out ``section
511(b) of title 10'' and inserting in lieu thereof ``section
12103 of title 10''; and
(3) in subsection (d)(1), by striking out ``section 270(a)
of title 10'' and inserting in lieu thereof ``section 10147
of title 10''.
Subtitle E--Transition Provisions
SEC. 1281. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF
CERTAIN RESERVE COLONELS OF THE ARMY AND AIR
FORCE.
(a) Continuation Under Old Law.--Except as provided in
subsection (b), a reserve officer of the Army or the Air
Force who, on the effective date of this title--
(1) is subject to placement on the reserve active-status
list of the Army or the Air Force; and
(2)(A) holds the reserve grade of colonel, (B) is on a list
of officers recommended for promotion to the reserve grade of
colonel, or (C) has been nominated by the President for
appointment in the reserve grade of colonel,
shall continue to be subject to mandatory transfer to the
Retired Reserve or discharge from the officer's reserve
appointment under section 3851 or 8851 of title 10, United
States Code, as in effect on the day before the effective
date of this title.
(b) Exemption.--This section does not apply to an officer
who is--
(1) sooner transferred from an active status or discharged
under some other provision of law;
(2) promoted to a higher grade, unless the officer was on a
list of officers recommended for promotion to the reserve
grade of colonel before the effective date of this title; or
(3) continued on the reserve active-status list under
section 14701 of title 10, United States Code, as added by
this title.
SEC. 1282. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF
SELECTION FOR ARMY AND AIR FORCE OFFICERS.
(a) Promotions To Fill Vacancies.--A reserve commissioned
officer of the Army or Air Force (other than a commissioned
warrant officer) who, on the day before the effective date of
this title, is recommended for promotion to fill a vacancy in
the Army Reserve or the Air Force Reserve under section 3383,
3384, 8372, or 8373 of title 10, United States Code, as in
effect on the day before the effective date of this title, in
the next higher reserve grade shall be considered to have
been recommended for promotion to that grade by a vacancy
promotion board under section 14101(a)(2) of title 10, United
States Code, as added by this title.
(b) Promotions Other Than To Fill Vacancies.--A reserve
officer of the Army or Air Force who, on the day before the
effective date of this title, is recommended for promotion
under section 3366, 3367, 3370, 3371, 8366, or 8371 of title
10, United States Code, as in effect on the day before the
effective date of this title, to a reserve grade higher than
the grade in which the officer is serving shall be considered
to have been recommended for promotion by a mandatory
promotion board convened under section 14101(a)(1) of title
10, United States Code, as added by this title.
(c) Officers Found Qualified for Promotion to First
Lieutenant.--A reserve officer of the Army or Air Force who,
on the effective date of the title, holds the grade of second
lieutenant and has been found qualified for promotion to the
grade of first lieutenant in accordance with section 3365,
3382, or 8365 of title 10, United States Code, as in effect
on the day before the effective date of this title, shall be
promoted to that grade on the date on which the officer would
have been promoted under the provisions of chapter 337 or 837
of such title, as in effect on the day before the effective
date of this title, unless sooner promoted under regulations
prescribed by the Secretary of the Army or the Secretary of
the Air Force under section 14308(b) of title 10, United
States Code, as added by this title.
(d) Officers Once Failed of Selection.--(1) A reserve
officer of the Army in the grade of first lieutenant,
captain, or major who, on the day before the effective date
of this title, has been considered once but not recommended
for promotion to the next higher reserve grade under section
3366 or 3367 of title 10, United States Code, or a reserve
officer of the Air Force in the grade of first lieutenant,
captain, or major who, on the day before the effective date
of this title, is a deferred officer within the meaning of
section 8368 of such title, shall be considered to have been
considered once but not selected for promotion by a board
convened under section 14101(a)(1) of title 10, United States
Code, as added by this title. If the officer is later
considered for promotion by a selection board convened under
that section and is not selected for promotion (or is
selected for promotion but declines to accept the promotion),
the officer shall be considered for all purposes to have
twice failed of selection for promotion.
(2) In the case of a reserve officer of the Army or Air
Force in an active status who, on the day before the
effective date of this title, is in the grade of first
lieutenant, captain, or major and whose name has been
removed, under the provisions of section 3363(f) of title 10,
United States Code, from a list of officers recommended for
promotion or who has previously not been promoted because the
President declined to appoint the officer in the next higher
grade under section 8377 of such title as in effect on the
day before the effective date of this title, or whose name
was removed from a list of officers recommended for promotion
to the next higher grade because the Senate did not consent
to the officer's appointment, if the officer is later
considered for promotion by a selection board convened by
section 14101(a)(1) of title 10, United States Code, as added
by this title, and (A) is not selected for promotion, (B) is
selected for promotion but removed from the list of officers
recommended or approved for promotion, or (C) is selected for
promotion but declines to accept the promotion, the officer
shall be considered for all purposes to have twice failed of
selection for promotion.
(e) Officers Twice Failed of Selection.--A reserve officer
of the Army or Air Force in an active status who, on the day
before the effective date of this title, is in the grade of
first lieutenant, captain, or major and on that date is
subject to be treated as prescribed in section 3846 or 8846
of title 10, United States Code, shall continue to be
governed by that section as in effect on the day before the
effective date of this title.
(f) Officers With Approved Promotion Declinations in
Effect.--A reserve officer of the Army who, on the day before
the effective date of this title, has declined a promotion
under subsection (f) or (g) of section 3364 of title 10,
United States Code, shall while carried on the reserve active
status list be subject to the provisions of subsections (h),
(i), and (j) of such section, as in effect on the day before
the effective date of this title, except that the name of an
officer to whom this section applies shall be placed on a
promotion list under section 14308(a) of title 10, United
States Code (as added by this title), and, at the end of the
approved period of declination, shall be considered to have
failed of promotion if the officer again declines to accept
the promotion.
(g) Covered Officers.--This section applies to reserve
officers of the Army and Air Force who--
(1) on the day before the effective date of this title are
in an active status; and
(2) on the effective date of this title are subject to
placement on the reserve active-status list of the Army or
the Air Force.
SEC. 1283. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF
SELECTION FOR NAVY AND MARINE CORPS OFFICERS.
(a) Recommendations for Promotion.--An officer covered by
this section who, on the day before the effective date of
this title, has been recommended for promotion to a reserve
grade higher than the grade in which the officer is serving
shall be considered to have been recommended for promotion to
that grade under section 14101(a) of title 10, United States
Code, as added by this title.
(b) Failures of Selection.--An officer covered by this
section who, on the day before the effective date of this
title is considered to have failed of selection for promotion
one or more times under chapter 549 of title 10, United
States Code, to a grade below captain, in the case of a
reserve officer of the Navy, or to a grade below colonel, in
the case of a reserve officer of the Marine Corps, shall be
subject to chapters 1405 and 1407 of title 10, United States
Code, as added by this title, as if such failure or failures
had occurred under the provisions of those chapters.
(c) Officers Other Than Covered Officers Recommended for
Promotion.--A reserve officer of the Navy or Marine Corps who
on the day before the effective date of this title (1) has
been recommended for promotion in the approved report of a
selection board convened under chapter 549 of title 10,
United States Code, and (2) was on the active-duty list of
the Navy or Marine Corps may be promoted under that chapter,
as in effect on the day before the effective date of this
title.
(d) Officers Found Qualified for Promotion to Lieutenant
(Junior Grade) or First Lieutenant.--A covered officer who,
on the effective date of this title, holds the grade of
second lieutenant and has been found qualified for promotion
in accordance with section 5908 or 5910 of title 10, United
States Code, as in effect on the day before the effective
date of this title, shall be promoted on the date on which
the officer would have been promoted under the provisions of
chapter 549 of such title, as in effect on the day before the
effective date of this title, unless sooner promoted under
regulations prescribed by the Secretary of the Navy under
section 14307(b) of such title, as added by this title.
(e) Officers Whose Names Have Been Omitted From a List
Furnished to a Selection Board.--A covered officer whose
name, as of the effective date of this title, had been
omitted by administrative error from the list of officers
furnished the most recent selection board to consider
officers of the same grade and component, shall be considered
by a special selection board established under section 14502
of title 10, United States Code, as added by this title. If
the officer is selected for promotion by that board, the
officer shall be promoted as specified in section 5904 of
title 10, United States Code, as in effect on the day before
the effective date of this title.
(f) Covered Officers.--Except as provided in subsection
(c), this section applies to any reserve officer of the Navy
or Marine Corps who (1) before the effective date of this
title is in an active status, and (2) on the effective date
of this title is subject to placement on the reserve active-
status list of the Navy or Marine Corps.
SEC. 1284. DELAYS IN PROMOTIONS AND REMOVALS FROM PROMOTION
LIST.
(a) Delays in Promotions.--(1) A delay in a promotion that
is in effect on the day before the effective date of this
title under the laws and regulations in effect on that date
shall continue in effect on and after that date as if the
promotion had been delayed under section 14311 of title 10,
United States Code, as added by this title.
(2) The delay of the promotion of a reserve officer of the
Army or the Air Force which was in effect solely to achieve
compliance with limitations set out in section 524 of title
10, United States Code, or with regulations prescribed by the
Secretary of Defense with respect to sections 3380(c) and
8380(c) of title 10, United States Code, as in effect on the
day before the effective date of this title, shall continue
in effect as if the promotion had been delayed under section
14311(e) of such title, as added by this title.
(b) Removals From List.--An action that was initiated
before the effective date of this title under the laws and
regulations in effect before that date to remove the name of
an officer from a promotion list or from a list of officers
recommended or approved for promotion shall continue on and
after such date as if such action had been initiated under
section 14110(d) or 14310, as appropriate, of title 10,
United States Code, as added by this title.
SEC. 1285. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION.
During the five-year period beginning on the effective date
of this title, the Secretary of the Army and the Secretary of
the Air Force may waive the provisions of section 14304 of
title 10, United States Code, as added by this title. The
Secretary may, in addition, during any period in which such a
waiver is in effect, establish minimum periods of total years
of commissioned service an officer must have served to be
eligible for consideration for promotion to the grade of
captain, major, or lieutenant colonel by boards convened
under section 14101(a) of title 10, United States Code, as
added by this title.
SEC. 1286. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST.
(a) Six-Month Deadline.--Not later than six months after
the effective date of this title, the Secretary of the
military department concerned shall ensure that--
(1) all officers of the Army, Navy, Air Force, and Marine
Corps who are required to be placed on the reserve active-
status list of their Armed Force under section 14002 of title
10, United States Code, as added by this title, shall be
placed on the list for their armed force and in their
competitive category; and
(2) the relative seniority of those officers on each such
list shall be established.
(b) Regulations.--The Secretary concerned shall prescribe
regulations for the establishment of relative seniority. The
Secretary of the Army and the Secretary of the Air Force
shall, in prescribing such regulations, provide for the
consideration of both promotion service established under
section 3360(b) or 8360(e) of title 10, United States Code,
as in effect on the day before the effective date of this
title, and total commissioned service established under
section 3360(c) or 8366(e) of such title, as in effect on the
day before the effective date of this title. An officer
placed on a reserve active-status list in accordance with
this section shall be considered to have been on the list as
of the effective date of this title.
SEC. 1287. PRESERVATION OF RELATIVE SENIORITY UNDER THE
INITIAL ESTABLISHMENT OF THE RESERVE ACTIVE-
STATUS LIST.
In order to maintain the relative seniority among reserve
officers of the Army, Navy, Air Force, or Marine Corps as
determined under section 1286, the Secretary of the military
department concerned may, during the one-year period
beginning on the effective date of this title, adjust the
date of rank of any reserve officer of such Armed Force who
was in an active status but not on the active-duty list on
such effective date.
SEC. 1288. GRADE ON TRANSFER TO THE RETIRED RESERVE.
In determining the highest grade held satisfactorily by a
person at any time in the Armed Forces for the purposes of
paragraph (2) of section 1406(b) of title 10, United States
Code, as added by this title, the requirement for
satisfactory service on the reserve active-status list
contained in section 1370(d) of title 10, United States Code,
as added by this title, shall apply only to reserve
commissioned officers who are promoted to a higher grade as a
result of selection for promotion under chapter 36 of that
title or under chapter 1405 of that title, as added by this
title, or having been found qualified for Federal recognition
in a higher grade under chapter 3 of title 32, United States
Code, after the effective date of this title.
SEC. 1289. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE.
A reserve officer of the Army, Navy, Air Force, or Marine
Corps who was in an active status on the day before the
effective date of this title and who was subject to placement
of the reserve active-status list on the effective date of
this title may not be discharged under section 14503 of title
10, United States Code, as added by this title, until on or
after the day on which that officer completes three years of
continuous service as a reserve commissioned officer.
SEC. 1290. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE
OFFICERS OF THE NAVY AND MARINE CORPS.
(a) Savings Provisions for Required Separation Age.--A
reserve officer of the Navy or the Marine Corps--
(1) who--
(A) on the effective date of this title is in an active
status, and
(B) on the day before the effective date of this title was
an officer described in section 6389(e), 6397(a), 6403(a), or
6403(b) of title 10, United States Code; and
(2) who, on or after the effective date of this title is
subject to elimination from an active status under any
provision of such title,
is entitled to be treated as that officer would have been
treated under section 6397 or 6403 as applicable, as in
effect on the day before the effective date of this title, if
that treatment would result in the date for the officer's
separation from an active status being a later date than the
date established under the law in effect on or after the
effective date of this title.
(b) Savings Provisions for Mandatory Separation for Age.--
An officer who was initially appointed in the Naval Reserve
or the Marine Corps Reserve before January 1, 1953, and who
cannot complete 20 years of service computed under section
12732 of this title before he becomes 62 years of age, but
can complete this service by the time he becomes 64 years of
age, may be retained in an active status not later than the
date he becomes 64 years of age.
(c) An officer who was initially appointed in the Naval
Reserve or the Marine Corps Reserve before the effective date
of this title, and who cannot complete 20 years of service
computed under section 12732 of this title before he becomes
60 years of age, but can complete this service by the time he
becomes 62 years of age, may be retained in an active status
not later than the date he becomes 62 years of age.
Subtitle F--Effective Dates and General Savings Provisions
SEC. 1291. EFFECTIVE DATE.
(a) Effective Date for Amendments.--The amendments made by
this title shall take effect on the date of the enactment of
this Act.
(b) Effective Date for New Reserve Officer Personnel
Policies.--(1) The provisions of part III of subtitle E of
title 10, United States Code, as added by section 1211, shall
become effective on the first day of the ninth month that
begins after the date of the enactment of this Act.
(2) Any reference in subtitle E of this title to the
effective date of this title is a reference to the effective
date prescribed in paragraph (1).
(3) The personnel policies applicable to Reserve officers
under the provisions of law in effect on the day before the
date of the enactment of this Act and replaced by the Reserve
officer personnel policies prescribed in part III of subtitle
E of title 10, United States Code, as added by section 1211,
shall, notwithstanding the provisions of subsection (a),
continue in effect until the effective date prescribed in
paragraph (1).
(4) The authority to prescribe regulations under the
provisions of part III of subtitle E of title 10, United
States Code, as added by section 1211, shall take effect on
the date of the enactment of this Act.
SEC. 1292. PRESERVATION OF SUSPENDED STATUS OF LAWS SUSPENDED
AS OF EFFECTIVE DATE.
If a provision of law that is in a suspended status on the
day before the effective date of this title under section
1291(b)(1) is transferred or amended by this title, the
suspended status of that provision is not affected by that
transfer or amendment.
SEC. 1293. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES,
PENALTIES, AND PROCEEDINGS.
Except as otherwise provided in this title, the provisions
of this title and the amendments made by this title do not
affect rights and duties that matured, penalties that were
incurred, or proceedings that were begun before the effective
date of this title under section 1291(b)(1).
Amendment offered by Mr. Hansen: At the end of subtitle B
of title XXVIII (page ____, after line ____), insert the
following new section:
SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN EMPLOYEES
IN CONNECTION WITH CERTAIN BASE REALIGNMENTS.
(a) Restoration Required.--Section 6304(d)(3) of title 5,
United States Code, is amended--
(1) by striking ``closure of'' and inserting ``closure of,
and any realignment with respect to,'';
(2) by striking ``(3)'' and inserting ``(3)(A)''; and
(3) by adding at the end the following new subparagraph:
``(B) For the purpose of subparagraph (A), the term
`realignment' has the meaning given such term in section
2687(a)(2) of title 10.''.
(b) Application of Amendments.--The amendments made by
subsection (a) shall apply only with respect to the
restoration of annual leave of employees at military
installations undergoing realignment if such leave is lost by
operation of section 6304 of title 5, United States Code, on
or after the date of the enactment of this Act.
Amendment offered by Mr. Porter: At the end of subtitle C
of title X (page 19, after line 15), insert the following new
section:
SEC. 125. LIMITATION ON COST OF SEAWOLF SUBMARINE PROGRAM.
No more than $4,673,371,000 may be obligated or expended
for procurement of the SSN-21 and SSN-22 Seawolf submarines.
The CHAIRMAN. The Clerk will report the modifications.
Mr. DELLUMS. Mr. Chairman, I ask unanimous consent that the
modifications be considered as read and printed in the Record at the
appropriate point.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIRMAN. Pursuant to the rule, the gentleman from California
[Mr. Dellums] will be recognized for 10 minutes and the gentleman from
South Carolina [Mr. Spence] will be recognized for 10 minutes.
The Chair recognizes the gentleman from California [Mr. Dellums].
Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Mississippi [Mr. Montgomery].
(Mr. MONTGOMERY asked and was given permission to revise and extend
his remarks.)
Mr. MONTGOMERY. Mr. Chairman, I have one amendment in the en bloc
amendments. My amendment was a standing bill; on May 11, 1993, a
suspension bill which passed by unanimous consent. It went to the
Senate. They have not acted on this amendment.
{time} 1630
No one voted against the amendment in the House earlier last year.
What the amendment does is it clarifies the promotion of reserve and
National Guard officers, it makes it easier to find out about
promotions and discharges of military reserve officers, and it is just
a codification clearing up Reserve and National Guard officers serving
for their country.
Mr. Chairman, I ask for support of the en bloc amendment.
Mr. SPENCE. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Chairman, today, I am pleased to offer an amendment
which would provide explicit authority to the Secretary of Defense to
accept gifts for DOD domestic elementary and secondary schools for
dependents, also known as Section 6 schools. The Secretary has such
authority to accept gifts for DOD dependent schools located overseas,
so it only makes sense that he have such authority with respect to
domestic schools.
This discrepancy was thankfully brought to my attention by Wendy A.
Steiger, president of the Fort Jackson Elementary Schools Board, Fort
Jackson, SC. The lack of explicit authority to accept gifts makes it
difficult for parent groups and other organizations to donate items
such as computers, library equipment, books and playground equipment to
section 6 schools. Currently, if a gift is offered, it must be accepted
by the service secretary as a gift to the service which then transfers
the gift to the school. This is a cumbersome process which makes gift
giving difficult. Because of this, many schools are accepting items on
a loan basis.
There ought not to be any obstacles which inhibit or act as a
disincentive to the donation of needed educational materials like books
and computers. My amendment, by giving the Secretary of Defense the
same authority he already enjoys with respect to DOD overseas schools,
will facilitate the acceptance of gifts. This is an important issue for
our military families and ultimately, for our children.
Mr. Chairman, I yield 3 minutes to the gentleman from Florida [Mr.
Goss].
Mr. GOSS. Mr. Chairman, I thank the distinguished gentleman from
South Carolina [Mr. Spence] for yielding this time to me, and, Mr.
Chairman, the reason that I rise is I would like to indulge in a
colloquy regarding the commendation of individuals exposed to mustard
gas agents during World War II, and I would like to ask the
distinguished chairman of the Subcommittee on Military Forces and
Personnel to engage in this colloquy regarding the commendation of
these veterans exposed to mustard gas agents during World War II.
Mr. SKELTON. Mr. Chairman, will the gentleman yield?
Mr. GOSS. I yield to the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I would certainly be happy to engage in a
colloquy with the gentleman from Florida.
Mr. GOSS. Mr. Chairman, as the gentleman is aware, the bill we are
currently debating contains a provision expressing the sense of
Congress that the Secretary of Defense should issue a commendation to
those individuals who were victims of World War II mustard gas tests,
without their knowledge or consent. I just wanted to take this
opportunity to emphasize that the Department of Defense fully supports
the intent of this provision and have entered sufficient material to
that purpose earlier today.
Mr. SKELTON. Mr. Chairman, let me assure the gentleman that the
committee greatly appreciates and fully supports his efforts to secure
recognition of these deserving veterans. As frequently occurs, the
committee chose to express the support as a sense of Congress in this
particular bill, and I want to assure the gentleman that I join him in
urging the Secretary of Defense to give this sense of Congress
favorable consideration.
Mr. GOSS. Mr. Chairman, I thank the distinguished chairman of the
subcommittee for that very much, as well as the chairman of the full
committee for his efforts on this behalf, and I would like to just say
at the time of the 50th anniversary, where the celebrations are
beginning to get under way, this gives these people something extra to
celebrate, and I certainly thank the gentleman, and I thank my
colleague, the gentleman from South Carolina [Mr. Spence] as well.
Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Hawaii [Mr. Abercrombie].
Mr. ABERCROMBIE. Mr. Chairman, my amendment, which has very strong
bipartisan support, calls for the national defense sealift vessels to
be crewed by commercial merchant mariners instead of Government
employees. It is consistent with the policy established in the previous
Republican administration and carried on by the present Democratic
administration, and may I say I want to thank the members of several
committees, including those on civil service employment, veterans,
merchant marine, and the armed services. There has been close
bipartisan cooperation.
And let me indicate that the commercial merchant mariners is the sole
source of operating crews for the over 100 vessels currently in the
Government's active and reserve strategic sealift force, and, Mr.
Chairman, we have no better example than what is happening right today.
We have only to look at the Miami Herald report of Tuesday, May 17. We
are having to hire today two Ukrainian ships at $34,000 a day to handle
the responsibilities of the United States Government. The Gruziya is
coming into the Caribbean at $34,000 a day but will not get here until
May 23, and the Ivan Franko is going to cost us $29,000 a day excluding
food, fuel and port charges because the United States of America, with
$270 billion a year being spent on defense, does not have a single ship
available with a single American merchant mariner to be able to handle
our responsibilities.
Mr. Chairman, this amendment is to take care of a situation that
every Member of this House should find disgraceful and shameful. With
this amendment we are going to get on track and see to it that American
ships, built in American shipyards and crewed by Americans, are going
to be taking care of the business properly to be done by Americans
whether it is foreign policy, whether it is national defense, whether
it is the sealift policy involved. With all of that, Mr. Chairman, it
is up to us as Americans to take care of it. I do not think the
Ukrainians need to be brought in at this stage of the game to be
handling what we should be doing in America.
I urge support for the en bloc amendment. I urge support for the
merchant mariner section of the en bloc amendment that not only has
bipartisan support, but more than ever, as a result of what is
happening today, is completely pertinent to what is going on with
national defense policy.
House of Representatives,
Washington, DC, May 18, 1994.
Support the Liberty Ships of the Nineties
support the abercrombie amendment for commercial operation of sealift
vessels
My amendment calls for national defense sealift vessels (as
defined by 10 U.S.C. subsection 2218(k)(2)-(3)) to be crewed
by commercial merchant mariners instead of government
employees. During the Gulf War, every such vessel employed in
sealift operations (including fast sealift ships, maritime
and afloat prepositioning ships, aviation maintenance support
ships, and Ready Reserve Force vessels) was operated
successfully by commercial operators employing commercial
merchant mariners. With the sole exception of the Navy's two
hospital ships, which have been exempted under this
amendment, none of the national defense sealift vessels were
operated directly by the government or required government
operating crews to participate in the war effort.
Moreover, the commercial merchant mariner is the sole
source of operating crews for the over one hundred vessels
currently in the government's active and reserve strategic
sealift force. Reserving employment opportunities for such
mariners on vessels funded through the National Defense
Sealift Fund is one way to ensure the continued availability
of trained mariners for those vessels without incurring the
substantial cost of establishing a merchant marine reserve
(civilian or military).
In addition, the reservation of employment and vessel
operating opportunities in the proposed amendment is
consistent with ongoing efforts to ensure the continued
existence of a strong maritime industry in the United States
and to reduce the size of the government workforce. At the
same time, the provision provides employment opportunities
for qualified members of the military whose career plans are
interrupted by the downsizing of the U.S. Armed Forces, thus
furthering the process of defense conversion.
Sincerely,
Neil Abercrombie.
Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from
Nebraska [Mr. Bereuter].
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Mr. Chairman, this Member would like to thank the
distinguished chairman of the Committee on Armed Services, the
gentleman from California [Mr. Dellums] and the distinguished ranking
member, the gentleman from South Carolina [Mr. Spence] for their
cooperation and assistance in bringing the issue of NATO's right of
autonomy of action to the attention of this body and for incorporating
the amendment is the en bloc amendment now under consideration.
This Member would also extend his particular thanks to the chairman
of the Subcommittee on Oversight and Investigations, the distinguished
gentleman from Virginia [Mr. Sisisky], and the ranking member, the
distinguished gentleman from Utah [Mr. Hansen] for the information and
support to this Member in crafting this amendment and ensuring that the
amendment accurately reflects and confirms fully with U.S. policy. In
particular, this Member would note the excellent staff work that the
Armed Services Committee staff afforded to this Member, who admittedly
is not on their committee.
Mr. Chairman, this amendment seeks to address a rather basic, but
increasingly contentious policy issue (at least contentious among some
of the parliamentarians of some of our European allies) regarding
``out-of-area'' action options and responsibilities for the North
Atlantic Treaty Organization [NATO]. As this body knows, it is now the
policy of NATO to no longer prohibit out-of-area actions, i.e., to
restrict its activities to the territory of the 16 member-states of
NATO. NATO is active in enforcing the embargo of Serbia, and it is
flying missions in Bosnia. And, at the recent heads of state meeting in
Brussels, the leaders of NATO member states confirmed that NATO can
take on and currently has out-of-area responsibilities.
However, the question has arisen in the North Atlantic Assembly and
elsewhere regarding whether NATO can act out-of-area only with or under
the specific mandate of the U.N. or the CSCE; or alternatively whether
it can act without a U.N. mandate if the leaders of NATO believe their
collective national interests are at stake in out-of-area territory.
There are some factions and political parties within various
U.N. member states which would restrict NATO to operating only under a
U.N. or CSCE mandate.
The issue has been debated at recent meetings of the North Atlantic
Assembly, the parliamentary arm of NATO, where a great many
parliamentarians from our allies would clearly prefer that NATO be
constrained to acting only pursuant to U.N. Security Council
resolutions. The unanimous position of the U.S. delegation to these
meetings has been that NATO must have the flexibility to respond
independently if circumstances so dictate.
Certainly it is desirable for NATO to be acting in support of a
United Nations resolution. Indeed, in most situations, a U.N. mandate
for NATO activity would almost certainly be forthcoming. But, quite
frankly, the concern has been that we must not make NATO absolutely
dependent upon the actions of an institution such as the U.N. Security
Council, where a Chinese or Russian veto could potentially frustrate
the will of the members of the Alliance.
There is also the possibility of instances where timely and decisive
action could prevent a crisis from escalating. In those instances, NATO
action must not run the risk of being delayed by indecision or
reluctance within the United Nations or CSCE.
This Member's language simply makes it clear that, from the U.S.
perspective, NATO has and must retain the right of autonomy of action
despite the actions of inaction of the United Nations, the CSCE of any
other international body. And, while it may be desirable to work with
the United Nations in instances where out-of-area force deployments are
required, this is not a prerequisite for NATO action. As this Member
has stated, this language simply reflects the strong majority and
probably unanimous view of the U.S. parliamentary delegation to the
North Atlantic Assembly as expressed at the 1993 annual meeting in
Copenhagen and this position also has been echoed by our U.S.
Ambassador to NATO.
Again, Mr. Chairman, this Member thanks his colleagues on the Armed
Services Committee for making it possible to clarify this point of U.S.
defense and foreign policy.
Mr. DELLUMS. Mr. Chairman, I yield 2 minutes to the distinguished
gentlewoman from Utah [Ms. Shepherd].
(Ms. SHEPHERD asked and was given permission to revise and extend her
remarks.)
Ms. SHEPHERD. Mr. Chairman, I rise today in support of my amendment
of H.R. 4301, the fiscal year 1995 Defense authorization bill, to
prohibit the Secretary of Defense from transporting munitions from the
chemical weapons stockpiles across State lines. This amendment,
although very important, should be noncontroversial, since it merely
codifies current Department of Defense policy dating back to 1992. Both
the Armed Services Committee and the Department of Defense have
indicated that they are prepared to accept my amendment. I would like
to thank Chairman Dellums and the Armed Services Committee for their
assistance and cooperation in shaping this legislation.
This amendment is necessary to prevent the enormous risks to human
life and health that would be posed by the transport of these deadly
weapons. Many of these munitions, especially the older ones, are
decaying and are in exceedingly fragile condition. Even a minor
accident, especially if it were in a densely populated area, could be
catastrophic, and there is no completely safe method of transportation.
Highway accidents occur hundreds of times a day, and there have been
four major rail accidents in the last 14 months.
I do not see how anyone in good conscience can dispute the
longstanding position of the Department of Defense: moving these
weapons is simply too dangerous. Just a whiff of mustard gas can scar
the lungs for life; a tiny drop of nerve agent can kill. The
communities around the stockpiles have extensive, multimillion dollar
emergency response programs to deal with an accidental release; but the
thousands of communities along the highways or rail lines that would be
used for transport would have no such program and, most likely, no
warning.
Please support this commonsense amendment. The Department of Defense
and the Armed Services Committee agree that it is too dangerous to
transport these weapons. Now is your chance to let your constituents
know you agree they should not be put at risk.
{time} 1640
Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois [Mr. Porter].
(Mr. PORTER asked and was given permission to revise and extend his
remarks.)
Mr. PORTER. Mr. Chairman, I rise in support of the chairman's en bloc
amendment, which now includes the Porter-Penny Seawolf submarine cost
cap. Our amendment caps spending on the first two Seawolf submarines at
$4.673 billion. This commonsense measure will establish a badly needed,
legally binding measure of fiscal accountability in the Seawolf
Program. The gentleman from Minnesota [Mr. Penny] and I appreciate the
chairman and ranking member's acceptance of it.
Mr. Chairman, the cap established in this amendment limits spending
to the level the Navy says it needs to finish these vessels. That level
is over $330 million above what the vessels were supposed to cost. I
repeat, the first two Seawolves are $330 million over budget. These
enormous cost overruns have been driven by the design equipment
production and other program problems which have marked the Seawolf
program since its start and have made it not famous, but notorious. New
problems were discovered in the first two Seawolves only weeks ago.
These costly problems are troublesome in and of themselves, but are
even more serious when considered in the context of our shrinking
defense budget.
Mr. Chairman, by passing the Porter-Penny cost cap, we will send a
clear message to the Navy and other parties involved in the Seawolf
Program. We will say that regardless of additional problems, there are
limits, that we will throw no more money into these overpriced
submarines, and the Navy must get the job done and not siphon off any
more resources from other higher priority military needs.
Mr. Chairman, I thank the gentleman from California [Mr. Dellums] and
the gentleman from South Carolina [Mr. Spence] for including the
Porter-Penny Seawolf cost cap in the en bloc amendment and urge its
adoption.
Mr. DELLUMS. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from New York [Mr. Hochbrueckner].
(Mr. HOCHBRUECKNER asked and was given permission to revise and
extend his remarks.)
Mr. HOCHBRUECKNER. Mr. Chairman, I thank the gentleman for yielding.
Let me provide my view as a former U.S. Navy enlisted man and someone
who has worked in aerospace engineering for over 20 years. I strongly
support this bill, and I certainly support the en bloc amendments. I
think they strike the proper balance between providing for a strong
conventional defense capability, and at the same time providing
important funding for diversification.
In this bill there is $3.6 billion for diversification. People say
how is it being spent? Obviously, we need to retrain the troops we are
bringing home.
As you know, we are on a 5-year drawdown plan, going from 2.1 million
active duty personnel to 1.6 million--100,000 troops a year are coming
home. We need to retrain them so we can fit them into our economy.
Certainly there is also money under diversification in order to take
the workers who have been laid off in the defense industry and to move
them into producing commercial products so that we can be more
competitive in the world marketplace, and that makes a lot of sense.
Clearly, providing funding under the Technology Reinvestment Program,
providing dual use programs, is extremely important. The best way to
put people to work is to develop better commercial products, utilizing
the talents of the surplus workers, the high technology people, in our
defense industry, and moving them into producing competitive commercial
products.
The Technology Reinvestment Program makes a tremendous amount of
sense, and we have put $1 billion in it over the last 2 years, and this
authorization bill contains another $625 million. It is absolutely the
best way to put our laid-off defense workers to work, producing
products that we can sell around the world as well as at home.
The dual use idea is a great idea. It is the right thing to do, and I
applaud President Clinton for promoting it, along with an industrial
policy in our Nation. But it is not a new idea. We have been promoting
dual use programs for 8 years.
Two good examples are the program I have been championing called X-
ray lithography, producing the next generation of smaller and faster
computer chips. Certainly we are using defense money to do it. It is
vital to have smaller and faster computers for our space and defense
programs, but 88 percent of computer chips are sold commercially. This
is what we need to be doing.
Another dual use example where we have had tremendous bipartisan
support is in the V-22 Osprey aircraft. Yes, the Marines are crazy for
this aircraft, because it goes twice as far and twice as fast as the
CH-46 helicopter it replaces, but we will sell the commercial version
of this tilt-rotor aircraft around the world to every Nation in the
future.
So this is the way to go. This is the way, in fact, to utilize
defense money to put our people to work. I certainly applaud this bill.
For those who are concerned about the dollars, yes, defense spending
is down, but, remember, we used to spend almost two-thirds of our
defense dollars defending our allies. Now we can afford to let them pay
more of their own freight. Let us vote for this bill and the en bloc
amendments. They make sense and deserve our support.
Mr. SPENCE. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from New York [Mr. Boehlert].
Mr. BOEHLERT. Mr. Chairman, I applaud Chairman Dellums; decision to
include in his en bloc amendment the proposal of Mr. Hansen which would
end the distinction between closure and realignment of military bases,
as it relates to annual leave accumulation.
The Hansen amendment corrects an unintended inequity in the 1993
Defense authorization measure which has led to the offering of annual
leave restoration to employees at closing bases but not at ones that
are being realigned.
In order to assist base commanders in carrying out closures or
realignments, annual leave which otherwise would be
forfeited by an employee may be restored to a separate account for the
employee's subsequent use or for inclusion in a lump-sum leave payment
if the employee's inability to use the leave results from closure or
realignment. It makes good sense to treat all of the displaced
employees equally and also to give all the base commanders the same
tools to do their jobs.
I also want to commend my chairman of the Post Office and Civil
Service Committee [Mr. Clay] for giving Mr. Hansen's amendment a
careful review. The Hansen amendment is very similar to a bill I
introduced earlier in the year which is before the Post Office and
Civil Service Committee .
The Hansen amendment corrects an inequity and therefore deserves the
support of all of us.
Mr. DELLUMS. Mr. Chairman, I yield the balance of my time on this
side of the aisle to the distinguished gentleman from Pennsylvania [Mr.
Klink].
The CHAIRMAN. The gentleman from Pennsylvania [Mr. Klink] is
recognized for 2 minutes.
Mr. KLINK. Mr. Chairman, it is a pleasure to speak in behalf of my
amendment to H.R. 4301, the Defense authorization bill for fiscal year
1995.
Hundreds of the thousands of students in more than 30 States across
the Nation have benefited from the Defense Logistics Agency's Tools for
Schools program.
This little known, but highly effective program has furthered the
vocational training of many, many students by lending about 4,800
lathes, drills, grinding machines, and other tools to more than 900
schools from Massachusetts to California. Last year, the Defense
Logistics Agency terminated the program, but the agency expressed an
interest in donating the tools to the participating schools.
My amendment would grant the DLA the statutory authority it has
requested so that the Secretary of Defense would have the authority to
donate the equipment that is currently on loan to these participating
schools and community colleges. Without my amendment, the schools will
be responsible for shipping the equipment back to the DLA at the
schools' expense.
If the schools chose not to keep the equipment they could ship it
back to the DLA under their original loan agreements.
The amendment is limited only to the Tools for Schools program which
covers about 4,800 pieces of equipment in 900 schools in 31 States. The
amendment would further limit the Secretary's authority to donate the
equipment until January 1, 1997.
Mr. Chairman, the enactment of this amendment will not result in
significant added costs to the Department of Defense. In most
instances, the machines would be sold for scrap and have no value to
other agencies because of the age of the equipment--most of the
equipment is more than 25 years old.
According to the DLA, the cost of handling, storage, and sale of the
equipment would likely exceed the value of the property. In addition,
the administrative costs of continuing to account for the tools would
also be eliminated.
Finally, without my amendment the schools and the community colleges
will be required to ship the equipment back to the DLA at the schools'
expense.
Mr. Chairman, my amendment has the support of the Armed Services
Committee, the Defense Logistics Agency, the American Association of
Community Colleges, and the backing of the Association of Community
College Trustees. I also have letters of support of my amendment from
the DLA and these associations that I want to introduce into the
Record.
I would urge all members to vote in favor of the Klink Amendment to
keep these tools in our schools.
{time} 1650
Mr. SPENCE. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
The CHAIRMAN. The question is on the amendments en bloc, as modified,
offered by the gentleman from California [Mr. Dellums].
The amendments en bloc, as modified, were agreed to.
The CHAIRMAN. It is now in order to debate the subject matter of
ballistic missile defense.
The gentleman from California [Mr. Dellums] will be recognized for 10
minutes and the gentleman from South Carolina [Mr. Spence] will be
recognized for 10 minutes.
The Chair recognizes the gentleman from California [Mr. Dellums].
Mr. DELLUMS. Mr. Chairman, I ask unanimous consent that the 10
minutes on this side be controlled by the distinguished gentlewoman
from Colorado [Mrs. Schroeder], who ably chairs the Subcommittee on
Research and Technology, which has jurisdiction over this particular
area of the bill.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIRMAN. The gentlewoman from Colorado [Mrs. Schroeder] shall
serve as designee for the gentleman from California [Mr. Dellums], and
the gentleman from South Carolina [Mr. Spence] will be recognized for
10 minutes in opposition.
The Chair recognizes the gentlewoman from Colorado [Mrs. Schroeder].
Mrs. SCHROEDER. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from Massachusetts [Mr. Meehan].
Mr. MEEHAN. Mr. Chairman, this amendment builds on the committee's
hard work in trimming $400 million from the Clinton administration's
budget request for ballistic missile defense without hamstringing
development of the most promising and realistic technologies.
The committee mark includes $2.7 billion for ballistic missile
defense, which is about the same amount appropriated in fiscal year
1994, so we're not talking about any radical departure from the
existing level of funding. I am happy to have the support of Chairman
Dellums, and I think this amendment represents a sensible and
evenhanded approach.
The Clinton administration's Bottom-Up Review recommended that the
DOD devote a greater share of missile defense resources to theater-
level programs--the types of systems most useful against renegade
states like North Korea and Iraq, who threaten to launch short and
medium range missiles at their neighbors. The committee authorized $1.8
billion for theater missile defense in recognition of the fact that
this is the core of our Ballistic Missile Defense Program. I support
theater missile defense. As the Patriot missile demonstrated in the
Persian Gulf war, deployment of an effective theater missile defense
capability is not only possible, it is a reality.
However, we can cut funding for exotic technologies without damaging
national security. The technologies cut by this amendment have no
realistic chance of contributing to any system that will be fielded in
the near-term, and we can afford to cut back a little bit of the BMD
budget to rein in these high-risk, low-payoff programs. I want to
emphasize that what we are proposing is a $200 million cut in a $2.7
billion program. This amendment would sustain a prudent level of
research and development to fund core theater missile defense programs,
the kind that offer a real chance of protecting real people against
real threats.
The savings from this amendment would be dedicated to deficit
reduction, and it is endorsed by Citizens Against Government Waste.
This amendment is the sensible thing to do. It is the right thing to
do.
Mr. SPENCE. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Chairman, I rise in support of a very strong
ballistic missile defense program.
Mr. Chairman, I rise to share with my colleagues some thoughts on the
future of the U.S. ballistic missile defense [BMD] program, as well as
my views on the amendment to H.R. 4301 offered by Mr. Meehan to reduce
funding for BMD below the level recommended by the Armed Services
Committee.
It is important to remember that the budget for BMD has already been
cut dramatically from the levels contained in the final Bush budget.
Specifically, the Bottom-Up Review recommended a budget profile for
missile defense of $17 billion over the fiscal year 1995-1999 period,
down from $39 billion in the Bush plan--a cut of over 50 percent. I
remain deeply concerned with the implications of this decision.
By deciding to focus only on basic research and development as
opposed to actual deployment, the DOD plan postpones indefinitely the
date by which an effective national missile defense for the continental
United States will be deployable. I need not remind my colleagues that
today the United States has no capability to intercept intercontinental
ballistic missiles once they are launched. In my opinion, the DOD
program is inadequate in light of the continuing efforts of various
Third World nations to obtain the means of delivering conventional
munitions or even weapons of mass destruction over intercontinental
distances.
Reducing the BMD budget below the level recommended by the Armed
Services Committee would serve only to magnify these shortcomings.
Mr. Chairman, week after week the Armed Services Committee receives
intelligence reports on the proliferation of nuclear, chemical, and
biological weapons and the missiles that can be used to launch them.
Irresponsible Third World nations, such as Iran, Syria, Iraq, and Libya
are making deals with the likes of North Korea and the People's
Republic of China [PRC] for assembled missiles and, in some instances,
missile production hardware. North Korea's development of several new
long-range ballistic missiles that could put at risk all of Northeast
Asia, Southeast Asia, the Pacific area, and much of Russia is a
particularly worrisome development. Sadly, the proliferation trend is
moving in the direction of systems with increased range and accuracy.
Likewise, in the area of warhead development and production, the race
continues. It is only a matter of time before unstable, antidemocratic
regimes in the Third World will possess the means of destroying
Washington or New York or Los Angeles, just as they today possess the
means of targeting Tel Aviv, Rome and Ankara.
During the cold war, the paramount nuclear threat to the United
States was from a massive first-strike from the Soviet Union. Today,
the threat to the United States of a deliberate attack from Russia has
clearly diminished. Still, there is the real possibility of an
accidental or unauthorized launch from the nuclear forces in the four
nuclear republics of the former Soviet Union. As noted by senior CIA
analyst Dr. Lawrence Gershwin in a May 18, 1993, speech:
The Soviet Union's strong central government had an
excellent nuclear command and control system that provided us
with a high level of assurance that an accidental or
unauthorized launch was highly unlikely. Today, while we
believe that such an event remains highly unlikely, we must
not that this command and control system was not designed in
anticipation of the potential fragmentation of political and
military authority, especially in Russia. The dramatic
political changes could betray weaknesses in Moscow's command
and control system that neither we nor the Russians could
have anticipated. The reliability of the personnel involved
with nuclear weapons will be crucial to maintaining the
security of the nuclear arsenal.
Moreover, the PRC today possesses a capability to deliver a major
nuclear attack against American cities. In his May 18 speech, Dr.
Gershwin publicly confirmed that China does in fact target the United
States with a percentage of its intercontinental nuclear forces and the
Beijing is planning to modernize these forces with new missiles.
It is quite possible that other, unexpected missile threats to the
continental United States could emerge within the next 10-15 years as
well. As was noted in a February 1993 report by proliferation experts
entitled, ``The Emerging Ballistic Missile Threat to the United
States,'' several paths exist wherein Third World nations could acquire
the means to target this country with long-range missiles. One such
path is the purchase of ICBM capabilities from other states. Another is
the development of acquisition of space launch vehicle [SLV] technology
or complete systems, and their subsequent conversion to long-range
missile capabilities. Furthermore, it is widely accepted that any SLV
capable of placing a satellite into low-earth orbit can be converted,
with relative ease and with little or no warning, to an ICBM capable of
delivering nuclear, chemical or biological warheads to the continental
United States. The resulting ICBM capabilities, while few in number,
nonetheless could constitute a threat to the United States.
In light of current and prospective threats to the American homeland
posed by long-range ballistic missiles, the DOD program to focus the
National Missile Defense Program exclusively on basic research is, I
believe, unwise.
In the area of Theater Missile Defense [TMD], even this aspect of the
U.S. BMD program fell victim to DOD's budgetary reductions. My
colleagues will recall that last year DOD announced that TMD was the
highest priority within the new administration's refocused BMD program.
At the same time, however, the budget request for TMD programs in
fiscal year 1994 and throughout the 5-year defense plan was cut
substantially below the Bush spending levels.
Mr. Chairman, we should be realistic about the level of funding
necessary to field improved TMD systems. Taking the most important U.S.
TMD programs through development and into deployment will cost several
billion dollars per year. Congress needs to approve the
administration's funding request for TMD if U.S. forces and our allies
are to benefit from improved protection against emerging theater-class
missile systems.
Turning briefly to the BMD funding amendment offered by Mr. Meehan,
let me summarize by saying that I believe it is vital to the defense of
this Nation that we not reduce further the amount authorized for the
U.S. BMD program in fiscal year 1995. In fact, the Armed Services
Committee voted to cut one-half a billion dollars from the
administration's already reduced request for BMD. My strong preference
would be to see the funding level for SDI increased at least to the
level requested by the DOD.
I strongly urge my colleagues to vote ``no'' on the Meehan amendment,
which would further reduce U.S. BMD funding in fiscal year 1995 below
the Armed Services Committee recommended levels. This amendment, if
enacted, would further erode our ability to deploy improved TMD
systems, as well as delay the date by which the American people could
be protected from emerging long-range missile threats.
For these reasons, Mr. Chairman, I strongly oppose the Meehan
amendment, and urge my colleagues to do the same.
Mr. Chairman, I yield 3 minutes to the gentleman from Colorado [Mr.
Hefley].
Mr. HEFLEY. Mr. Chairman, many Members may ask themselves why we
should support a strong program for a defense against ballistic
missiles. We can look to the past and to the future for the answers.
During Desert Storm, American service personnel were killed by
incoming Scud missiles. If we had had a better defense, these soldiers
and airmen would be alive today.
Israel sat night after night worrying and waiting, worried about a
Scud attack. Desert Storm should have made it very clear we need an
effective defense against ballistic missiles.
How about the future? What can it tell us about the need for
ballistic missile defense?
There are approximately 30 countries with a ballistic missile
capability. Some of these nations are our allies, but many of them are
not. We have got China, Iraq, Syria, Iran, Libya, North Korea. Of the
30 nations which have a ballistic missile capability, 8 are in the
Middle East. Right now an entire United States Army division is
stationed in South Korea with no protection from the ballistic missiles
of North Korea.
Someday it might be Washington, DC, instead of the West Bank or China
or Russia and the Ukraine. All have the ability right now to deliver a
ballistic missile strike against the United States.
The current situation in Russia ought to cause some concern. What if
a hardliner comes to power. Even worse, what if a hardliner who
believes the old Soviet Union should be reconstructed gets control of
the nuclear weapons? What about North Korea? They are actively pursuing
nuclear weapons. Our troops are currently stationed in range of North
Korea.
The budget for ballistic missile defense has been decimated. The
Bottom-Up Review cut over 50 percent of the BMW budget, and the
Committee on Armed Services cut the Clinton BMW request by 500 million
already.
The amendment that I have proposed today would restore the 500
million and fund the ballistic missile defense at the administration's
requested level.
The administration supports my amendment. It does not support the
Meehan-Schroeder amendment.
President Clinton stood on this floor in February and pounded the
podium. And he said, ``They are trying to make me cut defense more, but
I will not do it. We have gone far enough.''
My colleagues, today would be a chance for us to back up Bill
Clinton's words. The amendment that I have proposed would restore
ballistic missile defense spending to the President's request.
I would particularly urge the defeat of the Meehan-Schroeder
amendment or the defeat of any more cutting in the funds for this very
important program.
Mr. HEFLEY. Mr. Chairman, I ask unanimous consent that I be permitted
to control the time of the gentleman from South Carolina [Mr. Spence]
on this side of the aisle.
The CHAIRMAN. Is there objection to the request of the gentleman from
Colorado?
There was no objection.
Mr. HEFLEY. Mr. Chairman, I reserve the balance of my time.
Mrs. SCHROEDER. Mr. Chairman, for purposes of debate only, I yield 3
minutes to the distinguished gentleman from South Carolina [Mr.
Spratt].
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
{time} 1700
Mr. SPRATT. Mr. Chairman, I think it is worth saying as a word of
overview that what we have before us right now is BMD, ballistic
missile defense. There are so many Members of this House probably who
equate this with SDI, but in truth, BMD, ballistic missile defense,
encompasses a lot more than SDI.
At the direction of the Congress, this particular account was created
several years ago to encompass all ballistic missile defense, and
today, again at the direction of the House, because we were the ones
who led the way in setting this priority, it mainly includes tactical
and theater ballistic missile defense, and very, very little money for
strategic defense.
The President this year requested $3.25 billion for all of these
programs that fell under the rubric, the umbrella, of ballistic missile
defense. That is the Patriot, the THAAD, the Theater High Altitude
Intercept System, ERINT, the Navy lower tier defense, the Navy higher
tier defense, CORSAM, and the National Missile Defense, all of that for
$3.25 billion.
Out of that sum of money the administration requested $467 million
for what we used to call strategic defense. It is a semblance of its
former self. In fact, we used to spend only a few years ago $1 billion
more than this year's request for strategic defense alone. This year it
is $467 and the committee has already cut that to $400 million.
What does $400 million buy? It buys a technical preparedness plan, it
buys a readiness plan, it advances the state of the art in certain
technologies like sensors, like intercept systems, like ground-based
radar, so it we see a threat arising where we are seriously threatened
or think we need to do something about creating and deploying a
strategic missile defense for the continental United States, we would
have the technology in a ready state to move forward within a few
years, but we have only provided $400 million for that purpose, and the
gentleman from Massachusetts [Mr. Meehan] would propose to take another
$150 million out of that. We have cut to the bone already, Mr.
Chairman, and I do not think we need to cut any further.
Basically what we have here, Mr. Chairman, is a program that covers
the essentials and does nothing more. I think that is the message I
would like to leave with the entire House. The gentleman from
Massachusetts has said this does not buy anything that we can use in
the near term. That is true, because we do not plan to deploy anything
in the near term. The money that we have here, the $400 million, does
keep advancing the state of the art.
For example, it buys solid-state demonstration program based radar.
That would be our system for detecting as early as possible whether or
not anyone had launched a missile launch at us, and if so, where the
RV's were headed. It would also continue our technology research into
discrimination of RV's, reentry vehicles, as they headed toward this
country. It would also continue our technology research and development
into so-called hypervelocity kinetic kill effect.
All of this sounds very esoteric, but all of it is very essential to
this sort of system, and it is funded at a minimum level. We do not
need to take any more out of it.
I thank the gentlewoman for yielding time to me.
Mr. HEFLEY. Mr. Chairman, I yield 3 minutes to the gentleman from
Arizona [Mr. Kyl].
Mr. KYL. Mr. Chairman, I want to take this time to express opposition
to the Meehan-Schroeder amendment, which will be offered soon, an
amendment which would reduce the budget for the ballistic missile
defense organization by an additional $200 million. That amendment is
irresponsible for many of the reasons that the gentleman from South
Carolina [Mr. Spratt] just discussed.
The BMD, as he noted, budget has already been reduced. The House
Committee on Armed Services cut $380 million from the 1995 request, and
remember, that was the request of the President who stood right here
before the Congress not too long ago and said that the Congress and
this Nation should cut defense no further. The budget has been reduced
by $18 billion over the so-called FDYP.
Space-based interceptors have been completely eliminated from the
program. Space-based sensors have been sharply cut back, with little
possibility that they can be deployed in this century, and directed
energy programs receive a mere $25 million this year. Procurement of a
National Missile Defense System that is to protect the continental
United States has been eliminated in favor of the modest Technology
Support Program.
The only thing left to cut is the theater defense program, the very
program that proponents of this amendment claim they want to protect.
The whole debate, frankly, is a mystery to me. What else needs to
happen before Members understand the threat posed by ballistic missiles
in the Third World?
The intelligence community, under both Republican and Democrat
Presidents, believes there is a threat. Our allies believe there is a
threat. Ask the Japanese and the Israelis and the South Koreans, for
example. The families of 28 Americans who died in Saudi Arabia from a
Scud attack know there is a threat. Even the Russians believe there is
a threat, and even the citizens of Yemen now know about the threat from
ballistic missiles.
Some in this Congress apparently do not believe that there is a
threat. Listen to the CIA. Larry Gershwin stated recently, ``After the
turn of the century, some nations that are hostile to the United States
may be able to indigenously develop ballistic missiles that could
threaten the United States.'' Gershwin is only talking about
indigenously developed missiles, not missiles stolen from Russians or
bought from the Chinese or by some other actor.
Just last week there was a small article in the Washington Times
noting that the Russian underground has attempted to buy several
nuclear weapons, and another article which appeared in the Wall Street
Journal highlighted the problem of misplaced nuclear materials in Japan
and Russia.
Further, cases of nuclear peddling are pending in Germany,
Switzerland, Austria, Belorussia, Poland, Ukraine, the Czech Republic,
and the United Kingdom.
Mr. Chairman, I think it is time that we understand that there is a
threat posed by ballistic missiles; that about the only program that we
are developing to meet that is the ballistic missile theater kind of
protection, the kind that is espoused by the sponsors of this
amendment, and that therefore, to cut an additional $200 million would
simply further undercut the program that almost everybody recognizes as
essential to the protection of our allies and our troops abroad.
Mr. Chairman, the House Committee on Armed Services has come to the
conclusion that the appropriate level for spending is that submitted by
the committee, and I think it would be irresponsible for this body to
further cut the Committee on Armed Services mark by an additional $200
million. I would urge the Members to oppose the Schroeder-Meehan
amendment.
The CHAIRMAN. The Chair would state that each side has 4 minutes
remaining.
Mrs. SCHROEDER. Mr. Chairman, I yield 2 minutes to the gentlewoman
from California [Ms. Harman].
(Ms. HARMAN asked and was given permission to revise and extend her
remarks.)
Ms. HARMAN. Mr. Chairman, this issue of ballistic missile defense is
enormously serious. I want to state how disappointed I am that our
colleague, the gentleman from Colorado [Mr. Hefley] has chosen not to
offer his amendment. I understand his reasons, but I would have joined
him in a bipartisan fashion in trying to restore our ballistic missile
defense budget to the level requested by the administration.
The budget for ballistic missile defense, as reported by the
Committee on Armed Services, of which I am a member, is a bare minimum
budget. In meeting this morning with General Malcolm O'Neill, who
directs BMDO, I am persuaded that the cuts that will be forced in that
budget to not only theater missile defense, which has just been
explained well by the gentleman from Arizona [Mr. Kyl], but to our
technology base, are very tough cuts. For example, according to the
director of BMDO, there will be a 44 percent reduction in funding for
innovative science and technology programs.
As the gentlewoman from Colorado [Mrs. Schroeder] knows, science and
technology are absolutely critical to develop a national defense
strategy for the future, and one of the only places where technology is
happening is in the BMDO budget, and that is going to be reduced
significantly.
In closing, let me just hold up a map. This shows Iran in the center.
That is what the red is. The orange at the far end is the furthest
reach of existing missile technology. If Iran is in the center, there
are missiles now that can be aimed and hit Saudi Arabia, Israel,
Turkey, and the former Soviet Union. This is an enormously
destabilizing factor. We need an adequate missile defense, and this
bare minimum budget must be retained.
Mr. HEFLEY. Mr. Chairman, I yield 2 minutes to the gentleman from
California [Mr. Hunter].
(Mr. HUNTER asked and was given permission to revise and extend his
remarks.)
Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, this is one area where there should be a great sense of
urgency on both sides of the aisle. If there is any area where we are
vulnerable, our allies are vulnerable, our troops are vulnerable, it is
missile defense. I know the politics, and I know how Walter Mondale,
head of the Democrat Party, stood in San Francisco and said, ``We
cannot have defense against missiles because that is war in the
heavens.'' However, after that Scud missile, that first Scud missile
was knocked down by a Patriot in Desert Storm, that same Walter Mondale
I am sure said, ``Thank heavens,'' because we have a missile defense.
This should be a matter of utmost urgency. We should be spending $10
billion on this program.
Mr. Chairman, I am proud that a lot of members of this committee back
in 1987 wrote the letter to the Prime Minister of Israel and to our
Secretary of Defense and to our head of SDI saying, ``The centerpiece
of the American-Israeli production should not be a fighter aircraft,
because a lot of free world nations make those. It should be a theater
defense system that can knock down a Scud missile.''
The Scud missile we shot down, or the Scud missiles we shot down in
Desert Storm, were the Model T's of missiles. They are very slow
ballistic missiles. We have a lot of countries that are making missiles
that are much faster. They are going to come in at a higher velocity,
and where do we want to shoot these missiles down? Very simply, we want
to shoot those missiles down at launch, if possible. We want to shoot
them down at mid-course, and we want to shoot them down when they are
100 yards above our schools, our churches, our communities, our troops,
our ships.
{time} 1710
Mr. Chairman, we have to learn to shoot down missiles. We should not
cut one dime out of this program. We ought to be adding $5 billion to
this program.
The CHAIRMAN. The gentleman from Colorado [Mr. Hefley] has 2 minutes
remaining. The gentlewoman from Colorado [Mrs. Schroeder] has 2 minutes
remaining and has the right to close debate. The gentleman from
Colorado should yield his time, if he cares to, at the moment.
Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me just in summary say that I want to do two
things: First of all I would like to share with Members the feeling of
the Department of Defense on this where they state absolutely that we
should not reduce any more where we are in this program.
Mr. Chairman, let me tell Members why. North Korea possesses Scud
missiles capable of striking South Korea and our forces there. It is
developing several new long-range ballistic missiles. North Korea's
nuclear program, we know, is progressing. Iran has embarked on a
program to develop weapons of mass destruction. Iran is cooperating
with North Korea to acquire long-range Scuds and in China for missiles
and nuclear-related technologies. Iraq, Saddam Hussein still has a
significant residual program in all four areas of weapons of mass
destruction, missiles, nuclear, biological and chemical. Syria has
turned to North Korea for an extended-range Scud. Syria apparently is
also seeking assistance from China and Western firms to acquire
improved capability with chemical and biological warheads. Libya has
not abandoned its long-term goal of extending military reach across the
eastern Mediterranean.
Mr. Chairman, I yield my remaining 30 seconds to the gentleman from
California [Mr. Cunningham].
Mr. CUNNINGHAM. Mr. Chairman, the Bottom-Up Review is to support two
conflicts. There is a shortfall of $50 billion in that bottoms-up. The
committee cut even less than that. There are further amendments to cut
even more, but yet the gentleman said he supports defense. I cannot
agree with that. The gentlewoman from California fights for some
projects but when she votes to cut defense $127 billion, it is kind of
hard to believe.
I was shot down by a missile, Mr. Chairman. It is no fun being in a
burning F-4. Let us not put our children and our men and women in the
same predicament. Let us support the system.
Mrs. SCHROEDER. Mr. Chairman, I yield myself my remaining 2 minutes.
Mr. Chairman, let me say first of all we have spent over $32 billion
since this program began. That is real money, $32 billion. Second, the
committee approach to this is a very smart one, I think. We do not cut
much at all. Instead what we do is some consolidation and we really
focus on the theater missile ballistic defense that everyone is so
worried about. It is a risk reduction fund where we try to get some of
the bugs out and be much smarter in how the money is spent. I think
that is really what we have to do. It is not a matter of how much money
we spend but what do we get for the money we spend?
Mr. Chairman, we are very close to what the administration proposed,
but we think we have it under much tighter management and a much better
way. That is the committee proposal and that is the one we had the
votes for on the R&D committee.
Mr. Chairman, I support the Meehan amendment which goes a little
further. It only takes another $200 million out, and if Members voted
for that, at least at the end of the day we could say we did some
deficit reduction by $200 million.
Mr. Chairman, what do we take out there? Mr. Chairman, $50 million is
from consultant fees, for crying out loud, we know. There are many more
consulting fees in the budget that we could really do without. The
other is a further consolidation we think that could be more than
sustained.
Mr. Chairman, it is really trying to make sure this program is not a
cash cow but is a lean, mean research program that is getting us where
we want to go and, that is, having the best theater missile defense in
the world. The other things that have had marginal success and are so
long range that we do not know that we will ever get there, saying to
put those on hold and focus on the theater missile defense.
Mr. Chairman, I think that the number in the bill is very sustainable
and I also think we could cut another $200 million, which is just a
very small percent of what is in the bill. I think what we have to do
is show that we are spending money efficiently and that we are getting
the results we need. That is what this is all about.
Mr. Chairman, I certainly hope that Members will vote for at least
the committee bill if not the Meehan-Schroeder amendment.
Mr. DORNAN. Mr. Chairman, may I please go over again just a few of
the examples of the threat posed by missile proliferation.
First and hottest right now: North Korea.
Possesses Scud missiles capable of striking South Korea and our
forces there.
Is developing several new long-range ballistics missiles. One
missile, the No Dong, was tested last year and is capable of carrying
nuclear, chemical, or biological weapons.
Is also developing two additional missiles with ranges greater than
the 1,000 kilometer No Dong missile. Its two new, untested missiles
could put at risk all of Northeast Asia, Southeast Asia, the Pacific
area, and much of Russia.
North Korea's nuclear weapons development is also of obvious concern.
Furthermore, the North Korean regime has shown no reservations in
selling its missiles to rogue/terrorist regimes across the globe.
Pyongyang has already sold Scud missiles to Iran, Syria and other bad
actors. We should assume North Korea would sell any nuclear weapons it
develops, as well as any long-range missiles.
Next: Iran.
Iran has embarked on a program to develop weapons of mass
destruction.
Iran is cooperating with North Korea to acquire long-range Scuds and
to China for missiles and nuclear-related technologies.
Despite being a signatory to the Nuclear Nonproliferation Treaty,
Iran continues to pursue the acquisition of nuclear weapons.
Iran could achieve a nuclear weapons capability within 8 to 10 years.
Iran is also out shopping for fully-fabricated nuclear weapons and
weapons-grade nuclear materials.
And next of course: Iraq.
Saddam Hussein still has significant residual programs in all four
areas of weapons of mass destruction--missiles, nuclear, biological,
and chemical.
The time and cost to Iraq of reviving its missile program will depend
on the continuation to the inspection regime and Saddam's ability to
obtain critical equipment from abroad.
Baghdad continued to view the development of a nuclear capability as
a key to establishing dominance and influencing regional issues. Iraq
would also pursue nuclear weapons to deter Western involvement in the
region.
And let's not forget: Syria.
Syria has turned to North Korea for an extended range Scud. Syria
apparently is also seeking assistance from China and Western firms to
acquire improved capability with chemical or biological warheads.
And not yet off our radar nor should it be: Libya.
LIbya has not abandoned its long-term goal of extending its military
reach across the eastern Mediterranean. Its chemical weapons program
has produced and stockpiled as many as 100 tons of chemical agents, and
Libya is shopping throughout the world for an alternative source of
longer-range missiles.
We should not forget that Libya, like Iraq, has fired ballistic
missiles in anger against United States forces.
The CHAIRMAN. Pursuant to House Resolution 429, it is now in order to
consider the amendments printed in part 2 of House Report 103-509
relating to ballistic missile defense, which shall be considered in the
following order: by Representative Hefley and by Representative Meehan.
If more than one of the amendments is adopted, only the last to be
adopted shall be considered as finally adopted and reported to the
House.
It is now in order to consider amendment No. 1 printed in part 2 of
House report 103-509 offered by the gentleman from Colorado [Mr.
Hefley].
It is now in order to consider amendment No. 2 printed in part 2 of
House report 103-509 offered by the gentleman from Massachusetts [Mr.
Meehan].
amendment offered by mr. meehan
Mr. MEEHAN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Meehan:
At the end of subtitle C of title II (page 46, after line
4), insert the following new section:
SEC. 236. LIMITATION ON FUNDS FOR BALLISTIC MISSILE DEFENSE
ORGANIZATION.
The amount provided in section 201 for Defense-wide
activities that is available for the Ballistic Missile
Defense Organization is hereby reduced by $200,000,000, of
which $150,000,000 is to be derived from amounts for Advanced
Technology Development Activities under Program Element
0603217C and $50,000,000 is to be derived from amounts
available for consulting services.
The CHAIRMAN. Pursuant to the rule, the gentleman from Massachusetts
[Mr. Meehan] will be recognized for 5 minutes, and a Member opposed
will be recognized for 5 minutes.
The Chair recognizes the gentleman from Massachusetts [Mr. Meehan].
Mr. MEEHAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment fully preserves funding for theater
missile defense systems that can be fielded in the next 5 to 10 years.
What we are proposing is a modest cut in the ballistic missile defense
research and development account for the most speculative research
efforts.
Our amendment identifies 42 programs in the advanced technology
development account. The advanced technology development line
emphasizes space-based technologies, an approach inconsistent with our
basic policy on the militarization of outer space.
Our ballistic missile defense program has three components--theater
missile defense, national missile defense, and the technology base. You
may hear arguments that our amendment will kill our technology base and
our technological readiness. I am sensitive to that argument, and I
support a robust research and development budget, but it is difficult
to make the case for spending half a billion dollars on efforts that
will have no tangible results for a decade even if they work as
planned.
Proponents of increased missile defense funding like to argue that
Ronald Reagan's SDI Program helped push the Soviet economy to the brink
of collapse. Maybe they are right. Maybe not. But after spending $35
billion on missile defense systems over the last 10 years, our own
economy is feeling the strain.
Someone has to believe that we can continue spending billions of
dollars every year on military programs we don't need without harm to
our own economic health. Even if you think the total level of defense
spending in this bill is too low, that's no reason to oppose cuts in
programs that have nothing to do with our ability to confront the
threats facing our fighting forces.
Mr. Chairman, most of the people who have spoken on the floor today
in opposition to this reduction to an exotic missile system are the
same individuals who signed up to sign the A to Z petition to cut
spending in Congress, and many of them signed on to the balanced budget
amendment, and they support a balanced budget. But they are not willing
to vote for the cuts that are required. Do any of them think those cuts
are going to be easier than this one? Do they think that we are going
to cut spending with no tough choices?
Mr. Chairman, I am willing to make the hard decisions, and they do
not get much easier than this one. I believe that the American people
really see through it all. There is no way they can be for not cutting
defense; in fact, increasing defense.
They are the same individuals who are against the President's deficit
reduction package because it included increases in taxes, so they did
not support it. Yet they went above what the caps in the President's
budget called for in spending when it came to defense spending because
they did not want to live within the cuts the President had proposed.
Mr. Chairman, the time has come to deal with the deficit in reality.
I as one Member of Congress am sick and tired of Members of Congress
being against increases in taxes, being opposed to any cuts in defense
spending, being opposed to cutting any entitlements, being opposed to
cutting Social Security, but somehow, some way being for a balanced
budget amendment.
{time} 1720
This is the easiest decision that Members of Congress will have to
make. It is supported by all the deficit-reduction groups, and I would
urge my colleagues that they do not get much easier than this cut.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Colorado [Mr. Hefley] seek time
in opposition?
Mr. HEFLEY. I do, Mr. Chairman.
The CHAIRMAN. The gentleman from Colorado [Mr. Hefley] is recognized
for 5 minutes.
Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to share with you what I have in my hand
here, a letter dated May 18, 1994, from John Deutch, the Deputy
Secretary of Defense from the Clinton Defense Department, and what he
says in this is that we are going to be facing this amendment today
that will cut an additional $200 million. ``I would like to take this
opportunity to express the Department's strong opposition to this
proposal. When combined with the reductions already proposed by the
Committee on Armed Services, this amendment would inflict nearly a $600
million cut to the President's budget request. This would directly
impact our high-priority Theater Missile Defense Program and also would
have a devastating effect on our national missile defense technology
readiness and BMD Technology Base Programs. This amendment would
virtually terminate the BMD technology base, which is the Department's
sole technology effort supporting national and theater missile defense
efforts. In addition, the proposed amendment would eliminate our
meaningful ABM treaty compliant, NMD Technology Readiness Program. Such
a budget reduction would seriously hinder our ability to provide
advanced TMD capabilities, such as boost phase intercept and Navy wide
area defenses.'' He goes on, but he ends with saying, ``I urge you and
your colleagues to fight attempts to further reduce funding for this
vitally important program.''
In other words, it appears that the Deputy Secretary of Defense in
the Clinton Defense Department disagrees with the gentlewoman from
Colorado [Mrs. Schroeder] on the analysis of this being kind of a
nothing, throwaway amendment, we save some money, but it really does
not hurt anything. He says it really does hurt something.
Mr. Chairman, I reserve the balance of my time.
Mr. MEEHAN. Mr. Chairman, I yield 1 minute to the gentlewoman from
Colorado [Mrs. Schroeder].
Mrs. SCHROEDER. Mr. Chairman, I thank the gentleman for yielding me
this time.
Mr. Chairman, I rise in support of the Meehan-Schroeder amendment to
reduce funding of the ballistic missile defense program to $2.7
billion.
Since the strategic defense initiative was announced in 1983 as a
defense against an all-out nuclear attack on the United States, we have
spent $32 billion on this program. Throughout this time period, we have
seen high costs, shifting rationales, unrealistic program objectives,
difficult technical problems, and unaffordable funding requests.
We have the opportunity today to take a step toward a more rational
and prudent ballistic missile defense program, by reducing the fiscal
year 1995 funding level for this program to $2.7 billion. This is a
measured, reasonable cut of $200 million from the committee mark,
reducing the advanced technology development activities account by $150
million and cutting consultant services by $50 million. With this
reduction, the BMD funding level remains adequate for a healthy
research and development effort focused on theater missile defenses
while avoiding investment in overlapping or marginal technologies which
will not be affordable in the long term and will not contribute to our
defense needs in the near term.
As we put our military budget priorities in order, we must take a
hard look at the BMD program and bring its funding level in greater
alignment with our post-cold-war national security needs. This
amendment does that, and provides ample funding for BMD programs based
on key principles:
Priority to theater missile defense over national missile defense;
Priority to those systems that can be deployed sooner rather than
later;
Making intelligent choices to reduce large numbers of systems with
overlapping capabilities; and
Avoiding investments in marginal or overlapping programs, and in
programs that will not be affordable in the out years.
Mr. Chairman, I urge you and our colleagues to vote for this
amendment and to bring the BMD program into better alignment with our
real national security needs, and with fiscal reality.
Mr. HEFLEY. Mr. Chairman, I yield such time as he may consume to the
gentleman from Alabama [Mr. Cramer].
(Mr. CRAMER asked and was given permission to revise and extend his
remarks.)
Mr. CRAMER. Mr. Chairman, I rise in opposition to the Meehan
amendment. This is not the time to cut the legs out from under BMD.
Mr. HEFLEY. Mr. Chairman, I yield 1 minute to the gentlewoman from
California [Ms. Harman].
(Ms. HARMAN asked and was given permission to revise and extend her
remarks.)
Ms. HARMAN. Mr. Chairman, I rise in strong opposition to the Meehan
amendment and in support of the committee position.
As I stated earlier, I think even that is too low. I would have
supported full funding of the administration request at $3.25 billion.
As you know, the committee position is $2.9 billion, which is low,
but supportable; $2.7 billion, which is the result under the Meehan
amendment, is not supportable.
This is not star wars. This is ballistic missile defense.
I am holding up a list of star war programs, 26 programs. There are
only three of those programs left, and deleted are items like Brilliant
Pebbles, space-based interceptors, hypervelocity guns, talent shield,
thermal imaging radar, a lot of proposals many people had doubts about
in the 1980's. They are gone.
This is the defense system we need to protect us against our biggest
national security threat, which is missile proliferation.
I strongly support the Committee on Armed Services number and
strongly oppose the Meehan amendment.
Mr. MEEHAN. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, this is an amendment to cut a program that the United
States has invested in over the last 10 years nearly $33 billion.
This is a proposal to cut $200 million, and it is 42 specific
programs that are outlined that will not be deployed in the next 5 to
15 years. The Citizens Against Government Waste have sent a letter to
Members calling this program which has received $32 billion over 10
years, calling this cut a modest cut.
Let us take that $200 million and have it to real deficit reduction.
Mr. HEFLEY. Mr. Chairman, I yield 2 minutes to the gentleman from
South Carolina [Mr. Spratt].
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Chairman, the gentleman from Massachusetts has called
upon us to make a cut in the budget and a cut in the deficit. We have
already cut this budget, cut it to the bone, $390 million in committee.
The administration sent us the lowest request in 9 years. We took
another $390 million out of it.
We took $185 million specifically out of this particular account that
he would cut further. We took a 24-percent cut out of advanced
technology.
Now, Mr. Deutch, the Under Secretary of Defense, has told us in a
letter sent here today to the chairman of this committee, ``Cut any
further and it will have a devastating effect on national missile
defense technology readiness. It will virtually terminate the BMD tech-
based program.''
Mr. Chairman, that is all that is left of strategic defense. Take
this cut, and you have got it here from John Deutch, you will virtually
terminate what we have in our budget, which is just $400 million for
ballistic missile defense.
The gentleman would have us believe this just affects only strategic
defense, but in truth he is taking advanced tech money out of the
entire spectrum of programs. It is going to have an impact on tactical
and theater ballistic missile defense. We put all of these programs
together in one basket because they have great commonality. Anytime you
take away from the technology of sensor technology, radar technology
that lends to the defense against ballistic missiles, strategic
defense, you take away from tactical and theater as well. This will cut
everything. It will weaken the program.
Follow the advice of the Under Secretary of Defense. Reject this
amendment. We have cut it enough. Let us not cut it any further.
The CHAIRMAN. Under the rule, all time for debate on this amendment
has expired.
The question is on the amendment offered by the gentleman from
Massachusetts [Mr. Meehan].
The question was taken; and the Chairman announced that the noes
appeared to have it.
recorded vote
Mr. MEEHAN. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 155,
noes 271, not voting 12, as follows:
[Roll No. 179]
AYES--155
Abercrombie
Andrews (ME)
Barca
Barrett (WI)
Becerra
Beilenson
Berman
Blackwell
Bonior
Brown (OH)
Bryant
Cantwell
Carr
Clay
Clayton
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Dingell
Dooley
Duncan
Durbin
Edwards (CA)
Engel
English
Eshoo
Evans
Farr
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gordon
Gutierrez
Hall (OH)
Hamburg
Hastings
Hinchey
Hoekstra
Holden
Hughes
Inslee
Jacobs
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klug
Kopetski
Kreidler
LaFalce
Lambert
Leach
Lehman
Levin
Lewis (GA)
Maloney
Manton
Margolies-Mezvinsky
Markey
McCloskey
McKinney
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Morella
Murphy
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Pallone
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Petri
Porter
Poshard
Price (NC)
Rahall
Ramstad
Reed
Reynolds
Roemer
Romero-Barcelo (PR)
Rostenkowski
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Sensenbrenner
Serrano
Sharp
Shays
Shepherd
Slaughter
Stark
Stokes
Strickland
Studds
Stupak
Synar
Thurman
Torricelli
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Waters
Watt
Waxman
Wheat
Williams
Woolsey
Wyden
Wynn
Yates
NOES--271
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Archer
Armey
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
Everett
Ewing
Fawell
Fazio
Fields (TX)
Fish
Fowler
Franks (CT)
Frost
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Goss
Grams
Green
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoke
Horn
Houghton
Hoyer
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Kasich
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Kyl
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Lucas
Machtley
Mann
Manzullo
Martinez
Matsui
Mazzoli
McCandless
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meyers
Mica
Michel
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pickle
Pombo
Pomeroy
Portman
Pryce (OH)
Quillen
Quinn
Ravenel
Regula
Richardson
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Rowland
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Scott
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swett
Swift
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Torkildsen
Torres
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Ackerman
Bacchus (FL)
Emerson
Faleomavaega (AS)
Gephardt
Grandy
Neal (NC)
Owens
Rangel
Towns
Washington
Whitten
{time} 1749
The Clerk announced the following pair: On this vote:
Mr. Rangel for, with Mr. Grandy aganist.
Mr. SKAGGS changed his vote from ``aye'' to ``no.''
Mrs. MEEK of Florida, Mr. REED, and Mr. HUGHES changed their vote
from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
{time} 1750
The CHAIRMAN. It is now in order to consider the amendments relating
to burdensharing printed in part 3 of House Report 103-509 which,
pursuant to the notice given earlier today, will be considered in the
following order: By Representative Bryant and by Representatives Frank
of Massachusetts, Shays, Furse, or Upton.
It is now in order to consider Amendment No. 2 printed in part 3 of
House Report 103-509.
amendment offered by Mr. Bryant
Mr. BRYANT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Bryant:
At the end of title X insert the following section:
SEC. . REQUIREMENT TO USE SAVINGS FROM BURDENSHARING
CONTRIBUTIONS FOR DEFICIT REDUCTION.
(a) Burdensharing Agreements.--(1) As soon as practicable
after the date of the enactment of this Act, the President
should enter into negotiations for purposes of revising the
host-nation agreement with each foreign country described in
paragraph (2). A revised host-nation agreement is an
agreement under which the foreign country agrees to assume,
beginning on or before September 30, 1997, all costs incurred
by the United States related to the presence of all United
States military personnel stationed in the country. The
agreement may provide for the phased-in assumption of such
costs over the three-year period beginning on October 1,
1994, and ending on September 30, 1997.
(2) Paragraph (1) applies with respect to--
(A) each country of the North Atlantic Treaty Organization
(other than the United States); and
(B) Japan.
(b) Troop Withdrawal.--If a revised host-nation agreement
described in subsection (a) is not entered into by September
30, 1997, in a country to which subsection (a) applies, the
President shall order the withdrawal of all United States
Armed Forces assigned to permanent duty ashore in that
country. The President may provide for the phased-in
withdrawal of such forces over the three-year period
beginning on October 1, 1997, and ending on September 30,
2000.
(c) Use of Savings Realized.--The savings realized each
fiscal year as a result of the assumption of an increased
share of United States costs by the foreign countries to
which subsection (a) applies shall be used for deficit
reduction.
(d) Report.--The Secretary of Defense shall include in the
annual report required by section 1304 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2546) the following information:
(1) For each foreign country to which subsection (a)
applies, the costs to the United States of maintaining and
operating each United States military installation in that
country during the preceding fiscal year.
(2) For each such military installation, the savings
realized during the preceding fiscal year (if any) as a
result of the assumption of an increased share of United
States costs by the host nation.
The CHAIRMAN. Pursuant to the rule, the gentleman from Texas [Mr.
Bryant] will be recognized for 20 minutes, and a Member in opposition
will be recognized for 20 minutes. Is there a Member in opposition to
the amendment?
Mrs. LLOYD. Mr. Chairman, I rise in opposition.
The CHAIRMAN. The gentlewoman from Tennessee [Mrs. Lloyd], will be
recognized for 20 minutes in opposition.
The Chair recognizes the gentleman from Texas [Mr. Bryant].
(Mr. BRYANT asked and was given permission to revise and extend his
remarks.)
Mr. BRYANT. Mr. Chairman, the amendment before you at this time with
regard to burden sharing is an amendment which received 195 votes of
this Chamber last year when it was last presented.
Next month we will be sending a delegation to Normandy to celebrate
an enormous achievement on behalf of our country that was done for the
benefit of the entire world. But no one ever thought that 50 years
later, we Americans would still be spending somewhere between $140
billion and $180 billion a year to defend Europe and Japan, to pay the
expenses for the defense of areas of the world that are well-developed,
that are well-advanced, and that are well able to pay their own bills.
The amendment before us today says very plainly and very simply that
unless our allies in Europe and Japan agree to begin paying 100 percent
of the cost of maintaining our military personnel on their soil for
their benefit, that by the year 2000, by September of the year 2000, we
will have gradually withdrawn all of our troops.
I do not think it is too much, 50 years after World War II, to say to
the Europeans and the Japanese, you can pay 100 percent of the cost of
your own defense. You do not need a subsidy from us any longer. It is
time for you to do so. If you do not agree to do so by 1997, we will
begin to gradually, over a 3-year period, withdraw our troops, unless
the last ones are out by September 2000.
It is very important, I think, for us to understand that while we
have been subsidizing the defense of Europe and Japan, they have been
doing a better job than we have educating their children. While we have
been subsidizing the defense of nations well able to pay their own
bills, they have been doing a better job than we have paying for the
education of their children; a better job than we have providing health
care for their people, in fact, for 100 percent of their people; and a
better job than we have protecting their people from crime. They live
in countries where the crime rate in all categories is 10 percent of
our crime rate. And they have been using the money they save, while we
pay for their defense, subsidizing their industries and their products
to compete most of the time, much of the time unfairly, with American
products, resulting in a loss of millions of jobs and economic
advantages for them that we paid for with the tax dollars of the
American people.
Given the fact that we have staggering budget deficits, and have had
for the last decade, it is very clear that we have been borrowing the
money to finance our government from the very allies whom we are
subsidizing by paying the cost of their defense, while they sit back
and enjoy the benefits of a subsidy from a part of the world with whom
they compete vigorously.
Another great irony is the fact while we are closing bases in this
country and costing the areas where these bases close enormous economic
difficulties, we are still paying the cost of troops in the countries
abroad that we defended 50 years ago.
I submit to you, my friends, that we cannot continue ad infinitum
into the future paying the costs of areas of the world, the costs of
defending areas of the world, that are able to defend themselves and
still expect to balance our budget or achieve any type of policy that
will lead to fiscal sanity and prudence. The fact of the matter is we
are paying the costs of areas of the world that can well pay for it
themselves, and it is time for them to assume that obligation.
This amendment says that as soon as possible, the President shall
enter into negotiations with host nations in Europe and Japan to reach
an agreement with them to pay 100 percent of the United States costs,
including personnel costs, related to the presence of U.S. military
personnel assigned to permanent duty ashore in their country. It
provides for a phased-in assumption over 3 years of that 100 percent
obligation.
It says that if those agreements are not met by September 30th, 1997,
then the President will order the gradual withdrawal of all U.S. Armed
Forces assigned to permanent duty ashore in that country until
September 30 of the year 2000, when the last troops will be gone.
They will have the opportunity to decide to pay their pay share. This
is not a precipitous withdrawal, but it is a very clear statement we
are going to have them out by the year 2000 unless they bear the cost
of their own defense. All savings realized from this amendment will be
authorized for reduction of the deficit.
Now, ladies and gentlemen, we ought to be including Korea in this
provision. We have in the past. But inasmuch as there are some
difficulties with regard to Korea right now, I do not want that to
enter into this debate and I do not want any false signals to be sent
to North Korea. So Korea is off the table. But with regard to Europe
and with regard to Japan, it is time for them to pay for the cost of
their own defense or else for us to say we are going to begin to take
the funds we are spending subsidizing them and apply them to the
deficit that this country is now bearing.
Mr. Chairman, I reserve the balance of my time.
{time} 1800
The CHAIRMAN. The gentleman from Texas [Mr. Bryant] has used 5
minutes of the 20 minutes allocated. The gentlewoman from Tennessee
[Mrs. Lloyd] controls 20 minutes in opposition to the amendment.
The Chair recognizes the gentlewoman from Tennessee [Mrs. Lloyd].
Mrs. LLOYD. Mr. Chairman, I yield myself such time as I may consume.
(Mrs. LLOYD asked and was given permission to revise and extend her
remarks.)
Mrs. LLOYD. Mr. Chairman, I rise in opposition to the Bryant
amendment. It is long past time for this body to place the
burdensharing debate where it belongs, solidly on the grounds of
securing our own national interests. Every member of this body should
certainly understand that we do not have troops in Japan primarily to
defend Japan. We do not have troops in Europe to defend Europe.
The Armed Services Committee and the administration, like past
administrations, have judged that vital U.S. national interests are at
stake overseas and that forward military presence is vital to securing
those interest. The United States must be willing to bear the
responsibilities and burdens associated with securing its interests and
should insist that its allies share those responsibilities and burdens
to the extent that their interests are also being secured.
Indeed, our allies have taken significant steps in the direction of
more equitably sharing the responsibilities and burdens associated with
mutual security and stability. Japan, for example, currently
contributes roughly $3 billion a year against United States stationing
costs by 1995 except those, such salaries, that would not be
appropriate. Germany hosts the largest concentration of United States
forces overseas, provides by far the greatest reductions and offsets of
United States stationing costs, and contributes far more than any other
country, including the United States, to the reconstruction,
democratization, and economic reform of Eastern Europe and the former
Soviet Union.
The Bryant amendment is unrealistic and falls to recognize the
responsibility of the United States to contribute support to its own
military force when stationed abroad. As I have stated here, our troops
are stationed abroad for more reasons than to protect the country in
which they are located. Therefore, expecting host countries to pay 100
percent of the costs for the presence of U.S. troops is unrealistic.
This Nation must remain part of the burdensharing in these
circumstances.
I urge my colleagues to vote against the Bryant amendment.
Mr. BRYANT. Mr. Chairman, will the gentlewoman yield?
Mrs. LLOYD. I yield to the gentleman from Texas.
Mr. BRYANT. Mr. Chairman, I would just like to ask, very
respectfully, because I think the gentlewoman's position is well-
considered, though I disagree with it, is it the gentlewoman's opinion
and the opinion of her side of this debate that we should continue to
pay a significant portion of the cost of defending Japan and Europe
into infinity forever? Of is there some end to that that she sees?
Mrs. LLOYD. Mr. Chairman, certainly, I respect the direction that the
gentleman is going, but it is unrealistic to expect it at this time.
As the gentleman knows, we have cut back more than 50 percent. We
have cut 60 percent back on our troops. We have cut back 60 percent of
the cost, and we are moving in that direction. But it is unrealistic to
think we can go this far at this time.
Mr. BRYANT. Mr. Chairman, if the gentlewoman will continue to yield,
I would like to ask another question as well. It is a puzzle to me to
understand, in view of the situation that we see in Europe today, where
we have troops stationed that appear not to be able to involve
themselves in the conflict in Bosnia in that part of the world, in view
of the situation in the Far East as well, I would like the gentlewoman
to offer us a hypothetical use of American troops in Japan today that
is for the benefit of us and not the Japanese?
Mrs. LLOYD. Mr. Chairman, at this point if the gentleman would look
at the costs that they are paying and what they are doing, and
certainly we are not there to protect the Japanese, we are there to
protect our interests. I do not think that we want to revert to
nationalism. We do not want to revert to isolationism.
Right now, at the end of the cold war, we want to continue to work
for the good of the world and democracies of the New World Order.
Mr. HYDE. Mr. Chairman, will the gentlewoman yield?
Mrs. LLOYD. I yield to the gentleman from Illinois.
Mr. HYDE. Mr. Chairman, it occurs to me, certainly that one reason we
have troops in Japan is to prevent the proliferation of additional
nuclear countries. And Japan, if we pull out, is going to have a
nuclear bomb like that. If Members think it is a healthy thing to have
Japan and, of course, then South Korea and then Taiwan, all of them to
develop nuclear weapons because we have turned our back on that part of
the world, then we do differ, because I think that would destabilize
all of Asia.
Mr. Chairman, I thank the gentlewoman for yielding to me.
Mrs. LLOYD. Mr. Chairman, I reserve the balance of my time.
Mr. BRYANT. Mr. Chairman, I yield myself 2 minutes.
If the gentleman from Illinois would return for a discussion of the
point that he just made, I would like to point out to him that the lack
of proliferation of nuclear weapons is not due to a military threat
that we are making against the Japanese or the Taiwanese. We are not
telling them that we are going to do something to them with these
troops if they begin to proliferate nuclear weapons.
Second, I would like to make the point that very obviously the cost
of this entire operation is designed to benefit them. One might say us
as well, perhaps inferentially.
Surely, a nation with whom we run a $59 billion pay deficit can
afford to pay 100 percent of the cost.
Mr. HYDE. Mr. Chairman, will the gentleman yield?
Mr. BRYANT. I yield to the gentleman from Illinois.
Mr. HYDE. Mr. Chairman, I am not sure I quite understood the
gentleman.
It is in our interest. It is in the interest of the West. It is in
the interest of the world to have the number of countries that possess
a nuclear weapon limited. And Japan surely would feel that she was
naked in the Pacific, if we pulled back and we turned our back
militarily. And she would develop the bomb. That is not stabilizing.
Mr. BRYANT. Mr. Chairman, there is a very simple and inexpensive
remedy for the Japanese. Pay 100 percent of the cost of these troops.
We are not suggesting that we pull out. I am saying, pay 100 percent of
the cost. But if they do not pay 100 percent of the cost, we are going
to pull out.
Mr. HYDE. Mr. Chairman, if the gentleman will continue to yield, it
is in our interest to keep the number of nuclear powers limited. It is
in the interest of peace.
Asia would be very concerned, Malaysia, China, Korea, should Japan
develop a nuclear bomb.
My memory is not as short, perhaps, as the gentleman.
Mr. BRYANT. Mr. Chairman, I certainly agree. Why cannot the Japanese
pay the cost of this? They have more money per capita than we do. They
do not have a trade deficit of 100 billion-plus every year. They have a
trade surplus.
Mr. HYDE. It is in our interest to get them to pay as much as we can.
Mr. BRYANT. Vote for my amendment.
Mr. HYDE. But it is surely not in our interest to pull back.
Mr. BRYANT. We cannot get them to do anything unless we are willing
to threaten to leave. That is what I am saying we are going to do. They
either start paying 100 percent, or we will be leaving.
Mr. HYDE. I hate to make threats we do not live up to.
Mr. BRYANT. Mr. Chairman, I reserve the balance of my time.
Mrs. LLOYD. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida [Mr. Hutto].
Mr. HUTTO. Mr. Chairman, I rise in opposition to this amendment.
As chairman of the Readiness Subcommittee, I have had extensive
involvement with the issue of forward presence and the importance of
maintaining an infrastructure overseas in order to protect our
interests.
On mobility--it is imperative that we have forward airfields to get
our troops to global hot spots and to keep them adequately resupplied.
What if our en-route infrastructure was not there for the deployment
to the Gulf war?
What if our airfields and supply points were not there for our
enforcement of U.N. resolutions in Bosnia?
I submit to you that we would have extended our forces without any
backup in close proximity. That is unacceptable, and I think that our
citizens gain great comfort knowing that there is backup close by for
our forces.
For readiness--our troops must be in a position to be rapidly
deployed to reinforce allies or U.S. troops or citizens that may be
threatened.
If this amendment passes, we would be placed in a position that would
not allow us to react to crisis or reinforce our troops in the field.
No one in Congress has been more interested in the issue of
burdensharing than I. We have consistently pushed our allies to pay
more, and we have made significant progress. Yes, it should be more.
And that is why we have again included a provision in this year's bill
that pushes the allies to pay more, reduces overseas spending by $400
million, and transfers savings back to the United States.
I deeply respect Mr. Bryant's intentions and his sincerity to obtain
more support from the allies. But linking troops to dollars in this
dangerous world is risky business.
{time} 1810
Mr. SPRATT. Mr. Chairman, I yield 3 minutes to the gentleman from
Massachusetts [Mr. Frank].
Mr. FRANK of Massachusetts. Mr. Chairman, the good news is that the
Pentagon has recognized budgetary constraints as a problem with defense
spending. The bad news is that they have recognized those with regard
to England, France, Belgium, Norway, and other countries, not America.
They did that burden-sharing report. The Pentagon says, ``Don't do any
of these burden-sharing amendments because there are economic problems,
budgetary constraints, a need to contribute to peacekeeping, and a need
to deal with the former Soviet Union in Europe.''
Apparently they have not looked at America lately, because everything
they say as the reason for not doing this overseas is a reason why we
have a right to say ``help out.'' We say when you have an alliance,
that is what you do, you have troops in each other's places. I have not
seen any Belgian troops in my travels around America. I do not see any
British or French troops helping us patrol our borders. We have not
asked for them.
When they ask us to send substantial numbers of troops over there to
defend them and stimulate their economies, because we are spending
American tax dollars on fuel and on transportation and on education and
on recreation and food and housing and clothing, they do not want to
contribute back.
The gentleman from Illinois [Mr. Hyde] said if this amendment passes
and we threaten to pull out the troops, the Japanese would develop a
nuclear weapon. We all know the terrible, sad history of Japan. The
antinuclear weapons feeling in Japan is so deep that they have not even
been able to make token contributions to any other kind of
peacekeeping. To suggest that the presence of American troops is so
important that if we left they would revolutionize their society and
build a nuclear weapon, but they will not put up a couple of billion
dollars to keep us there, turns logic on its head.
If this question is so important to the Japanese that it would lead
them to repudiate their nonnuclear tradition, then we are offering them
a much easier way to buy that reassurance.
There are 100,000 American troops in Western Europe left over from
the cold war. We are not saying totally, ``We will never help you.'' We
are saying that increment ought to be paid for by our European allies.
The United States spends, I think, on defense more than all of our
European allies put together, and probably throw in Japan. As a
percentage of gross domestic product we spend twice as much as they do.
There is no logic to it. Of course, it is good for us, some, but it is
even better for them.
It is clear, Mr. Chairman, that the most popular book in the world is
``Tom Sawyer,'' because everybody else in the world has figured out how
to get America to paint their fences. Not only do we paint their
fences, we pay them for the privilege of doing it.
If Members believe that those troops are essential to international
peace, and obviously the Europeans and Japanese do, the gentleman from
Texas [Mr. Bryant] is not saying to pull out, he is saying that the
wealthiest nations in the world, which benefit enormously from American
tax spending, and we will still do it, because we are not charging them
for our nuclear umbrella and our submarines that they ought to pay a
little bit, but before we cut further at home, let us ask the rich
nations of the rest of the world to contribute.
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Virginia [Mr. Bateman].
Mr. BATEMAN. Mr. Chairman, I thank the gentlewoman for yielding time
to me.
Mr. Chairman, the debate on this amendment thus far has been
considerably colorful, but not terribly enlightening. We are
overlooking entirely the central point of what is involved. If this
were truly a burden-sharing issue, it would be a moot point. If we did
not have the advantage and reasons for American forces being forward
deployed in Japan and in Western Europe, they would not be there. There
should not be any of them there, but they are not there for any reason
other than it serves our national security interests.
The proposition that is involved here is basically to say that
America's Armed Forces are mercenaries. I frankly resent the
implications of that. We pay less cost for troops stationed in Western
Europe, and certainly in Japan, than if they were garrisoned in the
United States. We can and we should, we have, pressed allies to do
more. They have been doing more. They will continue, I believe, under
our pressure to do it, but this is an irresponsible way to do it. This
is a bad idea whose time should not come.
Mr. FRANK of Massachusetts. Mr. Chairman, will the gentleman yield?
Mr. BATEMAN. I yield to the gentleman from Massachusetts.
Mr. FRANK of Massachusetts. Mr. Chairman, one point we make is when
we spend the money here, it is going to stimulate our economy. One of
the things we object to is spending tax dollars from the United States
in Western Europe and Japan, further stimulating their economy, so our
economy is losing.
Mr. BATEMAN. Reclaiming my time, this is not a question, this is
another peroration and I would tell the gentleman to do it on his own
time, not on mine.
Mr. FRANK of Massachusetts. It was an oration, not a peroration.
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from North Carolina [Mr. Lancaster].
Mr. LANCASTER. Mr. Chairman, I rise in opposition to this amendment.
Putting aside the need for a robust forward presence for our forces.
Putting aside the need to maintain an en route reinforcement base for
global reach.
Let us look at the numbers. Right now, according to the Armed
Services Committee report on this year's defense bill, direct host
nation support for our overseas forces is $3.82 billion, up nearly $400
million from last year. This includes payments for foreign national
pay, utilities and facilities. At the same time, our overseas costs--
due to force structure reductions and more host nation offsets have
dropped by nearly half, greatly reducing the savings potential for this
amendment.
This year's authorization bill as reported by the committee urges
more host nation offsets. As we speak, our negotiators in Germany are
moving forward on an agreement with the German Government which will be
a multi-billion dollar package of compensation for the investment the
United States has made in facilities.
Mr. Chairman, the train is already rolling thanks to the emphasis
provided by the Armed Services Committee and the pressure placed on
this issue by my colleagues, Mr. Frank and Mr. Bryant.
In fact, last year, conferees on the Defense bill agreed that the
United States could not move its embassy from Bonn to Berlin unless
they got more burdensharing support from the Germans. I assure you that
got the State Department's attention.
But, tying overseas troop strengths to dollars is the wrong approach
at the wrong time.
We already are doing a lot in this area and there are plans by the
administration to do more.
I urge my colleagues to oppose this amendment.
Mr. BRYANT. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I would just like to point out that the Congressional
Budget Office estimates that if we only got those countries to pay 75
percent of non-military personnel costs, the savings would total $14.2
billion over the 1995-1999 period.
This amendment that I have before the House today includes personnel
cost, and it also includes 100 percent of all costs. Let me talk about
another matter that relates to the price we are paying today.
The gentleman from Massachusetts [Mr. Frank] mentioned a moment ago
that we are spending twice as much of our gross domestic product on
defense as our allies. Specifically, the figures are in 1995 it will be
4.1 percent of our gross domestic product spend on defense, compared to
Germany, which only spends 1.5 percent of its gross domestic product on
defense; France, 3 percent; and Japan, nine-tenths of 1 percent.
I ask the Members how we can justify continuing to pay two and three
times what our allies pay for their defense.
Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr.
Hamburg].
Mr. HAMBURG. Mr. Chairman, I rise in strong support of the Bryant
amendment to require that our European and Japanese allies bear the
costs of their defense.
This year marks the 50th anniversary of the invasion of Normandy.
Yet, 50 years after the liberation of Europe, and 49 years after the
end of the war in the Pacific, we are spending roughly $140 billion
defending against enemies that no longer exist. It is time to bring
that money home and require that Europe and Japan pay for their own
defense.
This amendment is very simple. It gives the President until the end
of fiscal year 1997 to negotiate an agreement with the Europeans and
the Japanese to pick up 100 percent of the costs of their defense. If
agreements are not achieved within that timetable, then the amendment
calls for beginning a complete withdrawal of troops in fiscal year
1998, ending on September 30, 2000.
At one time, a reasonable case could be made for picking up the costs
of defending Europe and Japan, which were economically devastated by
World War II and needed time and assistance to rebuild their societies.
But that was 50 years ago. In the past 50 years, both Europe and Japan
have built strong economies and societies and both are able to bear the
costs of their defense.
People in my rural northern California district have a difficult time
understanding why their tax dollars are going overseas to defend other
countries at time when we are closing seven military bases in northern
California.
The residents of Solano and Napa counties will be hit hard by the
closure of Mare Island Naval Shipyard. Roughly 11 percent of the local
workforce will be put out of work by this action. To make matters
worse, the Pentagon has been slow in providing the funds contained in
last year's defense bill for retraining. Recently, the Pentagon has
claimed that the cleanup process may be delayed due to lack of funds.
The people of Humboldt County are struggling to adapt to a new
economy that is not as resource-dependent. Displaced timber workers and
salmon fisherman are in a state of crisis. Funds for retraining and
economic development, funds to help people make a transition to a new
way of life, are scarce.
Yet today, we are asked to support sending billions upon billions of
dollars overseas to defend nations that are in some cases wealthier
than we are. Nations that do not have a problem balancing their
budgets. Nations that can afford world-class educational systems.
Nations that compete with us on the global market and, in many cases,
win. It is no small wonder that they enjoy these advantages. They pay a
pittance for their own defense.
People in my district want solutions to the crime problem; they want
guaranteed health care that can't be taken away; they want skilled,
decent paying jobs; and they want a first-rate education system. A
nation as wealthy as ours should be able to provide these basics to all
of our citizens. Sadly, we do not.
How long are we going to continue not funding the unmet national
security needs of our own country, but continue to readily fund the
defense of other wealthy nations? Now is the time to seriously question
this policy. Now is the time for action.
I urge my colleagues to support this amendment.
{time} 1820
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Massachusetts [Mr. Torkildsen].
Mr. TORKILDSEN. Mr. Chairman, I thank the gentlewoman for yielding me
the time.
Mr. Chairman, I rise to speak in strong opposition to the amendment
that would seriously impede the ability of the United States to defend
its national security interests in Europe, the Mid East, Asia, and
other parts of the world.
There is a false assumption that our remaining troops in Europe are
there only to protect Europe. Nothing could be further from reality.
During the Persian Gulf war, three out of our four Army divisions were
deployed from Europe to Saudi Arabia. Nine out of our ten Air Force air
wings were deployed from Europe to Saudi Arabia.
Are the advocates of this amendment going to require that Saudi
Arabia, or Israel, or any other country pay for our troops stationed in
Europe, which now are on a moment's notice to defend our interests,
individually and jointly with Saudi Arabia, Israel, or any other
country?
U.S. Armed Forces are not mercenaries. They are not available to the
highest bidder.
Please do not embrace this amendment that may appear politically
attractive, but will severely undermine not only our foreign policy,
but also our ability to assist our allies while defending our own
interests. We have, and must continue our efforts to have all our
allies pay more. But let us not hurt our own ability in the process.
I urge all my colleagues to defeat this short-sighted amendment.
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Virginia [Mr. Sisisky].
(Mr. SISISKY asked and was given permission to revise and extend his
remarks.)
Mr. SISISKY. Mr. Chairman, obviously I rise in opposition to the
amendment offered by the gentleman from Texas. This has been an
interesting debate, sometimes in simplistic terms. Tonight I am going
to something that has been mentioned twice already today about
Normandy. We fought World War I in Europe, we fought World War II.
Fortunately we have not fought World War III there, and I think that
says something about the troops.
Mr. Chairman, I urge my colleagues to put the interests of America
first when voting on this amendment. I would ask my colleagues to not
forget that the allied security arrangements entered into by our
Nation, include the forward deployed presence of our forces, are the
foundations of our larger vital interests in the world.
There is no question that the security of many nations is enhanced by
the presence of our troops, but let's not delude ourselves. We made
this commitments because of our own strategic interests. In short, the
lives of American citizens are enhanced by the many benefits of
American forward presence to include general stability, expansion of
democracy and human rights, access to open markets, and the spread of
free enterprise.
Mr. Chairman, this Nation's investment in forward presence is money
well spent. I understand the interest of many for the allies to pay
their fair share but we must be honest about why we are there and how
it pays off for America. We have to weigh the relative value of our
presence and pay our fair share as well.
Mr. Chairman, it is my view that should this amendment be adopted
there would be a substantial threat that this Nation would be required
to reduce its overseas presence. The allies know what is fair, and
paying all the costs associated with our overseas presence is clearly
an unfair request.
This is simply not the time for America to withdraw from the world
scene. If anything, the post-cold-war period has brought new dangers
and instability that threaten our fundamental interests. We must
maintain our forward presence. Vote no on the amendment offered by the
gentleman from Texas.
Mr. BRYANT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would just like to respond directly to some of the
things that have been said a moment ago and reminds the Members that we
have heard exactly these same speeches now year after year after year.
I think that the staff of the Armed Services Committee goes and gets
them out of the filing cabinet and passes them out to all the Members
that come to the debate. Every year they tell us it is a well-motivated
effort to get the allies to pay more but let us not do it because these
amendments, whether it is mine, the Frank amendment or anybody else's,
these amendments go too far.
They say, we badly want these allies to pay their fair share because,
after all, you are right, it has been 50 years, believe it or not,
since the end of World War II but we cannot go so far as to threaten
that if they do not pay a little more, we might withhold our services
from them.
Mr. Chairman, the fact of the matter is we have no strategy
whatsoever for accomplishing this goal, Somehow or other we have
developed a culture within this Congress where Members can stand up
here and argue with a straight face that a nation like Japan that runs
a $59 billion a year trade surplus with the United States ought to
receive a subsidy from us for its defense, when we run over a $100
billion a year trade deficit with the entire world.
Mr. Chairman, somehow we have developed a culture where Members can
stand up here and say that we ought to continue to subsidize the
defense of Europe when we run a trade deficit every year with Germany
alone in excess of $9 billions a year.
When are we going to come to our senses and recognize our allies are
not going to give us anything? We have got to stand up and say to them:
Look, we like what we have been doing, we want to keep it up, but we
cannot afford it anymore and we want you to pay 100 percent of the
costs of what we are doing in your country. You can afford it.
For goodness sake, why must we pay twice as much as of our gross
domestic product for defense as they are paying, in some cases three
times as much? How can we justify it when some people come to use and
say, ``Why can't you guys pass a health care bill?'' We say, ``We
can't. We're subsidizing everybody else.
Why cannot we educate our children like they do in Europe? We cannot
because we are busy defending Europe.
Why cannot we protect our people from crime? The European crime rate
is 10 percent of ours in every category. Yet we continue to send them
money every year. How can we justify that?
Mr. Chairman, this amendment simply says by 1997 we are going to
enter into agreements with these countries where they pay 100 percent
of the cost. If they do not do it, by the year 2000 we are going to
have our troops withdrawn on a gradual basis. If they want to change
their mind any time along the way, they can do so, but if they do not
do so, we are going to finally make it stick.
Mrs. LLOYD. Mr. Chairman, will the gentleman yield?
Mr. BRYANT. I only have a few minutes left. I would like to reserve
the balance of my time. I will yield on the gentlewoman's time.
Mrs. LLOYD. I will yield on the gentleman's time.
Mr. BRYANT. I will yield on the gentlewoman's time so I might have
time to close.
Mrs. LLOYD. I think I yielded to the gentleman the last time.
Mr. BRYANT. In that case I am humbled, and I yield to the gentlewoman
from Tennessee.
Mrs. LLOYD. Mr. Chairman, the gentleman is aware we only pay a 15 to
20 percent overage for keeping our troops overseas than we spend in the
United States and that Japan pays 75 percent of the cost of our troops
in Japan. The only reason they do not pay more, we will not let them
because we do not want our troops to be mercenaries. So certainly they
are paying their share.
Mr. BRYANT. Reclaiming my time, the gentlewoman says she does not
want the troops to be mercenaries, yet she is boasting about the fact
we are making them pay more money. The gentlewoman is either for it or
not for it, one or the other.
Mrs. LLOYD. I said we are moving in the right direction, if the
gentleman recalls my words. I thank the gentleman for yielding.
Mr. BRYANT. Mr. Chairman, I reserve the balance of my time.
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Nebraska [Mr. Bereuter].
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Mr. Chairman, respectfully I have to say I think this
is one of those sound-good and feel-good amendments that is in fact bad
public policy and bad national security policy.
The reason we do not have troops from France and Belgium in the
United States is because we have had our troops forward-deployed in
Europe and the Far East and we have thru kept conventional warfare
farther from our shores. We are not defending their interests in those
foreign locations, we are defending our interests, and simultaneously
our allies' interests.
Let me give Members a couple of examples of why, beyond those already
mentioned, we ought to be opposing the Bryant amendment.
We have been making substantial progress in burdensharing as the
gentlewoman from Tennessee just mentioned. The costs have been reduced
by 33 percent for our troops abroad.
That is $10 billion since 1990 alone. Japan has assumed a very large
portion of costs already incurred for the forward positioning of United
States forces in Japan and they have committed themselves to paying
virtually 100 percent of such costs if we want them to do so by the
year 1995.
Second, the amendment effectively ties the hands of the President and
is unwarranted intrusion into the Presidential prerogatives in the
conduct of military policy.
Third, the United States national security interests should not be
subjected to a rigid, all-or-nothing kind of burdensharing formula when
it comes to deployment costs.
{time} 1830
Fourth, the amendment would force the United States to withdraw from
forward-deployed areas without considering the security interests of
the United States or the security interests of the host country, just
arbitrarily cut if off and, finally, I think the principal difference
between the Bryant amendment this year and the amendment offered last
year is that last year's amendment included Korea. Is it possible that
increased tension on the Korean Peninsula led to the removal of Korea
from the strict all-or-nothing provisions of this year's amendment? I
believe the change may well implicitly recognize that threats to U.S.
national interests can and do change and that a forward deployed
Americans presence is important to national security.
Mr. Chairman, I urge my colleagues to reject the Bryant amendment.
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Virginia [Mr. Pickett].
(Mr. PICKETT asked and was given permission to revise and extend his
remarks.)
Mr. PICKETT. Mr. Chairman, I rise in opposition to the amendment. I
know that many of our colleagues are concerned about the level of
allied support for forward-deployed U.S. forces. I share their concern
and would encourage the administration to continue their vigorous
negotiations to find the correct balance between allied support and
direct funding from the United States.
But this amendment is a meat ax approach to the problem and is
clearly not the way to get the job done. Demanding the allies to pay
100 percent of the costs of forward basing is not remotely realistic or
achievable by the allies, and, more importantly, would have a number of
negative effects for the Nation.
For example, the allies can be expected to react to such an ultimatum
by stopping all productive efforts to find the correct balance between
U.S. and allied payments. This amendment would suggest that the United
States has no understanding of the value this Nation gains from having
troops stationed overseas, and would appear to say that America will
act unpredictably and unilaterally.
We must also not overlook the impact this proposal would have on the
military personnel and their families. The Congress has spent a great
deal of money on programs designed to minimize the turbulence for
service members during the military drawdown. This amendment would only
increase turbulence and whipsaw already stressed military families.
Mr. Chairman, this amendment would put into jeopardy American
prestige and influence at the precise moment when this Nation can least
afford to appear hesitant to assume the responsibilities of world
leader. The collapse of the Warsaw Pact and the end of the cold war has
only increased uncertainty and violence throughout the world. The
threat to our security and economic well-being may well be at greater
risk today than at any time during the cold war.
I strongly urge my colleagues to vote ``no'' on the amendment of the
gentleman from Texas.
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Washington [Mr. Dicks].
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. Mr. Chairman, I rise in strong opposition to the Bryant
amendment.
As has been said here already, we have our troops in Asia, and we
have our troops in Europe because of the U.S. national security
interest. We have negotiated very effectively with the Japanese to get
them to pay 70 percent of the costs associated with certain personnel
that we hire. We have made great progress there.
I commend the gentleman from Texas. I think it is good that the
gentleman from Texas [Mr. Bryant] offers this amendment as long as this
body defeats it, because it keeps kind of a dragon out there. But this
would not be a good thing for us to do militarily. Let me tell you why.
Mr. SKELTON. Mr. Chairman, will the gentleman yield?
Mr. DICKS. I am happy to yield to the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I might point out that many years ago when
I was a Boy Scout at camp we would sing a song that has a phrase in it,
``Let the Rest of the World Go By.'' This is a let-the-rest-of-the-
world-go-by amendment.
We are a superpower, the only one in this world. The fact that we
have troops in Europe, the fact that NATO exists, the fact that we have
troops elsewhere points out that we have had peace throughout the world
where we have been, and I might say in recorded history, you have never
had this length of peace in Europe. Our presence there has done it.
Mr. DICKS. Mr. Chairman, reclaiming my time, I was just in Asia. I
asked every leader in Asia should the United States retain its forces
there. Every Asian leader said yes, because it will provide peace and
stability in the region. If the United States pulls out of Asia, if the
United States pulls out of Europe, you are going to have instability
again, and we will be back there, but it will cost us a lot more.
Let us again reject the Bryant amendment and keep our country doing
the right thing in defense of national security policy.
Mrs. LLOYD. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from West Virginia [Mr. Wise].
The CHAIRMAN. The Chair would remind the gentlewoman from Tennessee
that she has the right to close.
Mrs. LLOYD. Mr. Chairman, the gentleman from Texas wanted the right
to close, and I am using my time.
Mr. WISE. Mr. Chairman, the gentleman from Texas makes an excellent
argument when it comes to economics.
The national security also depends upon logistics, if you want to be
3,000 miles closer to where your military challenge may be. Anyone who
has had the privilege to talk to former Ambassador to Japan Mike
Mansfield, the first thing he would tell you is we are there for us. We
are in Japan for United States interest.
When you are talking about forward projection of your military
forces, if you want to be projecting from the west coast when it comes
to a challenge from Russia, when it comes to a possible challenge from
the former Soviet republics, and what about China with its billion-
person army, what about Asia generally and certainly North Korea?
I think it is also important to recognize that perhaps some of the
arguments of the gentleman from Texas about Europe are valid, and I
agree with them. But Japan is a country that has consistently
renegotiated with us to the tune today that they are paying 75 percent
of all costs exclusive of salaries.
So I would submit that this is not a good amendment, that you are
talking in national security about logistics as well as economics, and
I would hope it would be rejected.
Mr. BRYANT. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts [Mr. Meehan].
(Mr. MEEHAN asked and was given permission to revise and extend his
remarks.)
Mr. MEEHAN. Mr. Chairman, many feel our Government should not be
giving handouts from American taxpayers. I suspect many of my
colleagues on both sides of the aisle would agree with that statement.
If you do not vote for burdensharing, you ought to be prepared to
explain why we should be paying for the defense of countries whose
products are among our toughest competitors in international markets.
You ought to be able to tell your constituents why you voted to
continue pumping billions of dollars into the economies of Germany,
France, and Britain while we cut spending on domestic needs.
But I am disappointed that the fall of the Berlin Wall and the demise
of communism have generated so little enthusiasm for self-reliance
among our European friends. These burdensharing amendments would
require our allies to pay their share of the cost of keeping the peace
in Europe.
When our allies needed help after World War II, Americans sent huge
amounts of aid. We built a security umbrella that made possible the
political and economic reconstruction of Europe, not to mention victory
in the cold war. I think we were wise to invest in Europe's security,
and I do not begrudge the Europeans the aid we sent.
If you think self-reliance is a principle that applies to our welfare
programs for wealthy European countries at least as much as our welfare
programs for poor American people, then you ought to vote for the
Bryant burdensharing amendment.
Mrs. LLOYD. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I do urge my colleagues to vote against this amendment.
It neither recognizes the importance of our forward military presence
in securing our national interest nor does the amendment recognize our
responsibility for the costs associated with the security of these
interests.
Mr. Chairman, I have no further requests for time, and I yield back
the balance of my time.
Mr. BRYANT. Mr. Chairman, I yield myself the balance of my time.
(Mr. BRYANT asked and was given permission to revise and extend his
remarks.)
Mr. BRYANT. Mr. Chairman, I would first reiterate what was said
earlier in the very beginning of the debate that notwithstanding the
arguments marshaled every year against this amendment and amendments
like it, this is not a proposal to withdraw from Europe, not a proposal
to withdraw from Japan. It is a proposal that, sure enough, 50 years
after World War II, it has been long enough. We have waited long enough
for them to pay the full cost of our presence in their countries.
Why should not nations more wealthy than we are, that are educating
their children to a greater extent than we are, that are providing
health care for their people when we are not, that are protecting their
people from crime when we are not, why should not those people pay 100
percent of the cost of our troops? Why should we continue to subsidize
the economies of nations that will not give us the slightest break at
the bargaining table when it comes to negotiating trade agreements?
A few moments ago I heard several gentlemen, whom I respect very
much, and I respect all of the people on the other side of this debate,
stand up and say that America's prestige is at stake. What could be
more perilous to our prestige than to continue to carry this mountain
of growing debt which is to a great extent due to the fact that we
continue to shoulder three and four times the burden of defense
spending of our allies?
A few moments ago another gentleman stood up and said we are a
superpower; we have the obligation to act like a superpower. How much
longer will we be a superpower if we continue borrowing money from our
allies to finance our Government which turns around and subsidizes
their defense? That does not make any sense.
Ladies and gentleman, I strongly urge you to vote today for a
commonsense proposal that says by the year 2000 we are going to
gradually withdraw our troops unless these countries have begun to pay
100 percent of the cost of their own defense.
I urge an aye vote.
{time} 1840
The CHAIRMAN. Under the rule, all time for debate has expired.
The question is on the amendment offered by the gentleman from Texas
[Mr. Bryant].
The question was taken and the Chairman announced that the noes
appeared to have it.
recorded vote
Mr. BRYANT. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device and there were--ayes 163,
noes 260, not voting 15, as follows:
[Roll No. 180]
AYES--163
Abercrombie
Andrews (ME)
Applegate
Barca
Barcia
Barrett (WI)
Becerra
Blackwell
Bonior
Borski
Boucher
Brooks
Brown (OH)
Bryant
Byrne
Camp
Cardin
Carr
Clay
Coble
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Crane
Cunningham
Danner
de Lugo (VI)
DeFazio
Dellums
Deutsch
Dixon
Duncan
Durbin
Edwards (CA)
Engel
Eshoo
Evans
Ewing
Farr
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Green
Greenwood
Gutierrez
Hall (OH)
Hamburg
Hayes
Hefner
Hinchey
Holden
Horn
Hughes
Hunter
Inslee
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kleczka
Klein
Klink
Kopetski
Kreidler
Lambert
LaRocco
Lehman
Lewis (GA)
Lipinski
Long
Lowey
Margolies-Mezvinsky
Markey
Martinez
Matsui
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Murphy
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Pallone
Pastor
Payne (NJ)
Pelosi
Penny
Peterson (MN)
Petri
Pomeroy
Poshard
Rahall
Ramstad
Regula
Reynolds
Rohrabacher
Rostenkowski
Roth
Royce
Rush
Sanders
Sangmeister
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Shepherd
Slaughter
Stark
Stokes
Strickland
Studds
Stupak
Swett
Tauzin
Thornton
Thurman
Torricelli
Traficant
Tucker
Unsoeld
Upton
Valentine
Velazquez
Vento
Watt
Waxman
Wheat
Woolsey
Wyden
Wynn
Yates
Young (AK)
Zimmer
NOES--260
Allard
Andrews (NJ)
Andrews (TX)
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Brewster
Browder
Brown (CA)
Brown (FL)
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Cantwell
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Combest
Cooper
Coppersmith
Cox
Cramer
Crapo
Darden
de la Garza
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards (TX)
Ehlers
English
Everett
Fawell
Fazio
Fields (TX)
Fish
Ford (TN)
Fowler
Franks (CT)
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings
Hefley
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Houghton
Hoyer
Huffington
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson (GA)
Johnson, Sam
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
LaFalce
Lancaster
Lantos
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Livingston
Lloyd
Lucas
Machtley
Maloney
Mann
Manton
Manzullo
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McMillan
Meek
Meyers
Mica
Michel
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pickle
Pombo
Porter
Portman
Price (NC)
Pryce (OH)
Quillen
Quinn
Ravenel
Reed
Richardson
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Sabo
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Scott
Sharp
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Sundquist
Swift
Synar
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Torkildsen
Torres
Underwood (GU)
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Weldon
Williams
Wilson
Wise
Wolf
Young (FL)
Zeliff
NOT VOTING--15
Ackerman
Derrick
Emerson
Faleomavaega (AS)
Fingerhut
Ford (MI)
Gephardt
Grandy
Jefferson
Neal (NC)
Owens
Rangel
Towns
Washington
Whitten
{time} 1858
The Clerk announced the following pair:
On this vote:
Mr. Rangel for, with Mr. Grandy against.
Messrs. GRAMS, INHOFE, and HILLIARD changed their vote from ``aye''
to ``no.''
Messrs. CAMP, DEUTSCH, and KREIDLER changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
{time} 1900
Mr. DELLUMS. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Dooley) having assumed the chair, Mr. Durbin, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 4301) to
authorize appropriations for fiscal year 1995 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 1995, and for other purposes, had come to no resolution
thereon.
____________________