[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.

                          ____________________