S. 2182 (103rd): National Defense Authorization Act for Fiscal Year 1995

103rd Congress, 1993–1994. Text as of Sep 13, 1994 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

S.2182

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To authorize appropriations for fiscal year 1995 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 1995’.

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

    (a) DIVISIONS- This Act is organized into three divisions as follows:

      (1) Division A--Department of Defense Authorizations.

      (2) Division B--Military Construction Authorizations.

      (3) Division C--Department of Energy National Security Authorizations and Other Authorizations.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Chemical demilitarization program.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for Army programs.

Sec. 112. Transfer to Marine Corps of M1A1 tanks replaced by M1A2 upgrades.

Sec. 113. Transfer of M1A1 tanks to the Marine Corps.

Sec. 114. Exception to mandatory retirement of OV-1 aircraft for aircraft deployed in Korea.

Sec. 115. Small arms industrial base.

Sec. 116. Bunker defeat munition acquisition program.

Sec. 117. Procurement of helicopters.

Subtitle C--Navy Programs

Sec. 121. Nuclear aircraft carrier program.

Sec. 122. Seawolf submarine program.

Sec. 123. Guidance sets for Trident II missiles.

Sec. 124. Prohibition on Trident II backfit.

Sec. 125. Inclusion of conversion of vessels in fast sealift program.

Sec. 126. Limitation on procurement of TAGS vessels.

Sec. 127. Naval amphibious ready groups.

Subtitle D--Air Force Programs

Sec. 131. Intertheater airlift programs.

Sec. 132. Settlement of claims under the C-17 aircraft program.

Sec. 133. Heavy bomber force requirements.

Sec. 134. Limitation on retirement of bomber aircraft.

Sec. 135. Evaluation of restart of C-5B aircraft procurement.

Subtitle E--Other Matters

Sec. 141. Sales authority of working-capital funded Army industrial facilities.

Sec. 142. Identification in budget of funds for chemical demilitarization program military construction projects.

Sec. 143. Transportation of chemical munitions.

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic research and exploratory development.

Sec. 203. Strategic environmental research and development program.

Sec. 204. Molecular design material science.

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. Digital Battlefield program.

Sec. 219. Dual-use electric and hybrid vehicles.

Sec. 220. Tactical antisatellite technologies program.

Sec. 221. Limitation on dismantlement of intercontinental ballistic missiles.

Sec. 222. Limitation on obligation of funds for seismic monitoring research.

Sec. 223. Superconducting magnetic energy storage project.

Sec. 224. Military satellite communications.

Subtitle C--Missile Defense Programs

Sec. 231. Compliance of ballistic missile defense systems and components with ABM treaty.

Sec. 232. Modifications to Anti-Ballistic Missile Treaty to be entered into only through treaty making power.

Sec. 233. Revisions to the Missile Defense Act of 1991.

Sec. 234. Limitation on flight tests of certain missiles.

Sec. 235. Program elements for Ballistic Missile Defense Organization.

Subtitle D--Women’s Health Research

Sec. 241. Defense Women’s Health Research Program.

Subtitle E--Other Matters

Sec. 251. Requirement for submission of annual report of the Semiconductor Technology Council to Congress.

Sec. 252. Report on oceanographic survey and research requirements to support littoral warfare.

Sec. 253. LANSCE/LAMPF upgrades.

Sec. 254. Study regarding live-fire survivability testing of F-22 aircraft.

Sec. 255. University Research Initiative Support Program.

Sec. 256. Manufacturing Science and Technology Program.

Sec. 257. Defense experimental program to stimulate competitive research.

Sec. 258. Study on convergence of Geosat and EOS altimetry programs.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Funds for depot-level maintenance and repair work.

Sec. 305. Support for the 1996 Summer Olympics.

Sec. 306. Support for the 1995 Special Olympics World Games.

Subtitle B--Defense Business Operations Fund

Sec. 311. Oversight of Defense Business Operations Fund.

Sec. 312. Review by Comptroller General of charges imposed by Defense Business Operations Fund.

Sec. 313. Limitation on obligations against the capital asset fund.

Sec. 314. Limitation on obligations against the supply management divisions.

Subtitle C--Environmental Provisions

Sec. 321. Limitation on use of environmental restoration funds for payment of fines and penalties.

Sec. 322. Participation of Indian tribes in agreements for defense environmental restoration.

Sec. 323. Extension of authority to issue surety bonds for certain environmental programs.

Sec. 324. Payment of certain stipulated civil penalties.

Sec. 325. Additional exception to prohibition on storage and disposal of nondefense toxic and hazardous materials at military installations.

Sec. 326. Assistance for public participation in defense environmental restoration activities.

Sec. 327. Pilot program to develop and demonstrate environmental remediation technologies.

Sec. 328. Environmental education and training program for defense personnel.

Sec. 329. Study of establishment of land management and training center.

Subtitle D--Depot-Level Activities

Sec. 331. Findings.

Sec. 332. Modification of limitation on performance of depot-level maintenance.

Sec. 333. Report on performance of depot-level maintenance and repair of new weapon systems.

Sec. 334. Review of cost growth in contracts to perform depot-level maintenance and repair.

Sec. 335. Authority for depot-level activities of the Department of Defense to compete for maintenance and repair workloads of other Federal agencies.

Sec. 336. Authority of depots to provide services outside the Department of Defense.

Sec. 337. Reutilization initiative for depot-level activities.

Sec. 338. Change of source for performance of depot-level workloads.

Sec. 339. Sale of articles and services of industrial facilities of the Armed Forces to persons outside the Department of Defense.

Subtitle E--Civilian Employees

Sec. 341. Extension of certain transition assistance authorities.

Sec. 342. Extension and expansion of authority to conduct personnel demonstration projects.

Sec. 343. Limitation on payment of severance pay to certain employees transferring to employment positions in nonappropriated fund instrumentalities.

Sec. 344. Retirement credit for certain service in nonappropriated fund instrumentalities before January 1, 1987.

Sec. 345. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service.

Sec. 346. Foreign employees covered by the Foreign National Employees Separation Pay Account.

Sec. 347. Report on conversion of certain positions to performance by Department of Defense employees.

Sec. 348. Non-Federal employment incentive pilot program.

Sec. 349. Uniform health benefits program for employees of the Department of Defense assigned to nonappropriated fund instrumentalities.

Subtitle F--Department of Defense Domestic and Overseas Dependents’ Schools

Sec. 351. Reauthorization of Department of Defense domestic elementary and secondary schools for dependents.

Sec. 352. Report on calculation and recovery of tuition costs of certain students enrolled in schools of the defense dependents’ education system.

Sec. 353. Authority to accept gifts for Department of Defense domestic elementary and secondary schools.

Sec. 354. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Subtitle G--Reviews, Studies, and Reports

Sec. 361. Reports on transfers of certain operation and maintenance funds.

Sec. 362. Review and report on use of operation and maintenance funds by the Department of Defense.

Sec. 363. Cost comparison studies for contracts for advisory and assistance services.

Sec. 364. Review by Defense Inspector General of cost growth in certain contracts.

Subtitle H--Other Matters

Sec. 371. Armed Forces Retirement Home.

Sec. 372. Limitation on use of appropriated funds for operation of Armed Forces Recreation Center, Europe.

Sec. 373. Limitation on retention of morale, welfare, and recreation funds by military installations.

Sec. 374. Ships’ stores.

Sec. 375. Operation of military exchange and commissary store at Naval Air Station Fort Worth, Joint Reserve Center, Carswell Field.

Sec. 376. Disposition of proceeds from operation of the Naval Academy laundry.

Sec. 377. Authority to issue military identification cards to so-called honorary retirees of the Naval and Marine Corps Reserves.

Sec. 378. Repeal of annual limitation on expenditures for emergency and extraordinary expenses of the Department of Defense Inspector General.

Sec. 379. Transfer of certain excess Department of Defense property to educational institutions and training schools.

Sec. 380. Operation of overseas facilities of the Department of Defense by United States firms.

Sec. 381. Requirements for automated information systems of the the Department of Defense.

Sec. 382. Program to commemorate World War II.

Sec. 383. Assistance to Red Cross for emergency communications services for members of the Armed Forces and their families.

Sec. 384. Clarification of authority to provide medical transportation under National Guard pilot program.

Sec. 385. National Guard assistance for certain youth and charitable organizations.

Sec. 386. One-year extension of certain programs.

Sec. 387. Procurement of portable ventilators for the Defense Medical Facility Office, Fort Detrick, Maryland.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Temporary variation of end strength limitations for Army majors and lieutenant colonels.

Sec. 403. Extension of temporary variation of end strength limitations for Marine Corps majors and lieutenant colonels.

Sec. 404. Increase in authorized strength for Marine Corps general officers on active duty after fiscal year 1995.

Sec. 405. Management of senior general and flag officer positions.

Sec. 406. Temporary exclusion of Superintendent of Naval Academy from counting toward number of senior admirals authorized to be on active duty.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. Delay in increase in number of active component members to be assigned for training compatibility 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. Consistency of warrant officer personnel management policies with policies applicable to other officers.

Sec. 502. Authority for original regular appointments of Navy and Marine Corps limited duty officers serving in grades above pay grade O-3 under temporary appointments.

Sec. 503. Navy and Marine Corps limited duty officers twice having failed of selection for promotion.

Sec. 504. Selection for designated judge advocate general and flag officer positions.

Subtitle B--Reserve Component Matters

Sec. 511. Increased period of active duty for reserve forces mobilized other than during war or national emergency.

Sec. 512. Reserve general and flag officers on active duty.

Sec. 513. Review of opportunities for ordering individual reserves to active duty with their consent.

Sec. 514. Definition of active Guard and Reserve duty.

Sec. 515. Repeal of obsolete provisions pertaining to transfer of retired regular enlisted members to reserve components.

Sec. 516. Semiannual report on separations of active Army officers.

Sec. 517. Early Reserve retirement eligibility for disabled members of Selected Reserve.

Sec. 518. Annual payments for members retired under Guard and Reserve transition initiative.

Sec. 519. Educational requirements for appointment in reserve components in grades above first lieutenant or lieutenant (junior grade).

Sec. 520. Limited exception for Alaska scout officers from baccalaureate degree requirement for appointment as officer in National Guard above first lieutenant.

Sec. 521. Sense of Congress concerning the training and modernization of the reserve components.

Subtitle C--Victims’ Rights, Family Advocacy, and Nondiscrimination Provisions

Sec. 531. Prohibition of retaliatory actions against members of the Armed Forces making allegations of sexual harassment or unlawful discrimination.

Sec. 532. Department of Defense policies and procedures on discrimination and sexual harassment.

Sec. 533. Annual report on personnel readiness factors by race and gender.

Sec. 534. Victims’ advocates programs in Department of Defense.

Sec. 535. Transitional compensation and other benefits for dependents of members separated for dependent abuse.

Sec. 536. Study of spousal abuse involving Armed Forces personnel.

Subtitle D--Matters Relating to the Coast Guard

Sec. 541. Extension of Warrant Officer Management Act provisions to Coast Guard.

Sec. 542. Coast Guard force reduction transition benefits.

Sec. 543. Expansion of personnel adjustment, education, and training programs to include Coast Guard.

Subtitle E--Other Matters

Sec. 551. Repeal of required reduction in recruiting personnel.

Sec. 552. Authorized active duty strengths for Army enlisted members in pay grade E-8.

Sec. 553. Prohibition on imposition of additional charges or fees for attendance at certain academies.

Sec. 554. Biennial survey on the State of race and ethnic issues in the military.

Sec. 555. Review of certain discharges from the United States Military Academy during the post-Civil War period.

Sec. 556. Administration of athletics programs at the service academies.

Sec. 557. Reimbursement for certain losses of household effects caused by hostile action.

Sec. 558. Military recruiting on campus.

Sec. 559. Authorization for instruction of civilian students at foreign language center of the Defense Language Institute.

Sec. 560. 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.

Sec. 604. Temporary family housing or temporary housing allowances for dependents of members who die in the line of duty.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses for reserve forces.

Sec. 612. Extension and modification of certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. Extension of authority relating to payment of other bonuses and special pays.

Subtitle C--Travel and Transportation Allowances

Sec. 621. Responsibility for preparation of transportation mileage tables.

Sec. 622. Payment for transient housing for members of a reserve component performing certain training duty.

Sec. 623. Change in provision of transportation incident to personal emergencies for members stationed outside the continental United States.

Sec. 624. Clarification of travel and transportation allowance of family members incident to serious illness or injury of members.

Sec. 625. Applicability of additional family separation allowance to periods between deployments less than 30 days apart.

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. Sense of Congress on equal treatment of effective dates for future cost-of-living adjustments for military and civilian retirees.

Sec. 633. Clarification of calculation of retired pay for officers who retire in a grade lower than the grade held at retirement.

Sec. 634. Waiver of administrative time-in-grade requirements to prevent pay inversions in retired pay of certain military retirees.

Sec. 635. Crediting of reserve service of enlisted members for computation of retired pay.

Sec. 636. Minimum required reserve service for eligibility for retired pay for nonregular service during force drawdown period.

Sec. 637. SBP premiums for reserve-component child-only coverage.

Sec. 638. Discontinuation of insurable interest coverage under Survivor Benefit Plan.

Sec. 639. Forfeiture of annuity or retired pay of members convicted of espionage under UCMJ.

Sec. 640. Treatment of retired and retainer pay of members of cadre of Civilian Community Corps.

Subtitle E--Other Matters

Sec. 651. Eligibility of members retired under temporary special retirement authority for Servicemen’s Group Life Insurance.

Sec. 652. Transportation of remains.

Sec. 653. Special supplemental food program for Department of Defense personnel outside the United States.

Sec. 654. Study of offset of disability compensation by receipt of separation benefits and incentives.

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. Availability of dependents’ dental program outside the United States.

Sec. 704. Authorization for medical and dental care for abused dependents of certain members.

Sec. 705. Additional authorized health care service available through military health care system.

Sec. 706. Demonstration programs for sale of pharmaceuticals.

Sec. 707. One year continuation of full CHAMPUS and dependents’ dental program benefits for dependents of members who die while on active duty for a period of more than 30 days.

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

Sec. 711. Coordination of benefits with medicare.

Sec. 712. Authority for reimbursement of professional license fees under resource sharing agreements.

Sec. 713. Imposition of enrollment fees for managed care plans.

Sec. 714. Strengthening managed health care authorities.

Sec. 715. Delay in deadline for use of health maintenance organization model as option for military health care.

Sec. 716. Limitation on reduction in number of reserve component medical personnel.

Sec. 717. Implementation of annual health care survey requirement.

Subtitle C--Persian Gulf Illness

Sec. 721. Programs related to Desert Storm mystery illness.

Sec. 722. Studies of health consequences of military service or employment in Southwest Asia during the Persian Gulf War.

Subtitle D--Other Matters

Sec. 731. Chiropractic health care demonstration program.

Sec. 732. Demonstration program for admission of civilians as physician assistant students at Academy of Health Sciences, Fort Sam Houston, Texas.

Sec. 733. Delay in closure of Army hospital at Vicenza, Italy.

Sec. 734. Oral typhoid vaccine inventory of Department of Defense.

Sec. 735. Report on expanded use of nonavailability of health care statements.

Sec. 736. Cost analysis of Tidewater TRICARE delivery of pediatric health care to military families.

Sec. 737. Study and report on financial relief for certain medicare-eligible military retirees who incur medicare late enrollment penalties.

Sec. 738. Sense of Congress on continuity of health care services for covered beneficiaries in 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.

Sec. 802. Pilot mentor-protege program.

Sec. 803. Infrastructure assistance for historically Black colleges and other minority institutions of higher education.

Sec. 804. Treatment under subcontracting plans of purchases from qualified nonprofit agencies for the blind or severely disabled.

Subtitle B--Other Matters

Sec. 811. Delegation of industrial mobilization authority.

Sec. 812. Determinations of public interest under the Buy American Act.

Sec. 813. Continuation of expiring requirement for annual report on the use of competitive procedures for awarding certain contracts to colleges and universities.

Sec. 814. Consolidation of limitations on procurement of goods other than American goods.

Sec. 815. Environmental consequence analysis of major defense acquisition programs.

Sec. 816. Demonstration project on purchase of fire, security, police, public works, and utility services from local government agencies.

Sec. 817. Preference for local residents.

Sec. 818. Payment of restructuring costs under defense contracts.

Sec. 819. Defense Acquisition Pilot Program designations.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Secretarial Matters

Sec. 901. Additional Assistant Secretary of Defense.

Sec. 902. Order of succession to Secretaries of the military departments.

Sec. 903. Change of title of Comptroller of the Department of Defense to Under Secretary of Defense (Comptroller).

Sec. 904. National Guard Bureau charter.

Subtitle B--Professional Military Education

Sec. 911. Authority for Marine Corps University to award the degree of master of military studies.

Sec. 912. Board of Advisors for Marine Corps University.

Sec. 913. Authority for Air University to award the degree of master of airpower art and science.

Sec. 914. Sense of Congress on grade of heads of senior professional military education schools.

Subtitle C--Other Matters

Sec. 921. Composition of Reserve Forces Policy Board.

Sec. 922. Continuation of Uniformed Services University of the Health Sciences.

Sec. 923. Commission on Roles and Missions of the Armed Forces.

Sec. 924. Renaming of the United States Court of Military Appeals and the Courts of Military Review.

Sec. 925. Budget support for reserve elements of special operations command.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Emergency supplemental authorization of appropriations for fiscal year 1994.

Sec. 1003. Incorporation of classified annex.

Sec. 1004. Date for submission of future-years mission budget.

Sec. 1005. Submission of next future-years defense program as required by law.

Sec. 1006. Authority for obligation of certain unauthorized fiscal year 1994 defense appropriations.

Subtitle B--Counter-Drug Activities

Sec. 1011. Department of Defense support for counter-drug activities.

Sec. 1012. Official immunity for authorized employees and agents of the United States and foreign countries engaged in interdiction of aircraft used in illicit drug trafficking.

Sec. 1013. Report on status of defense random drug testing program.

Subtitle C--Naval Vessels and Related Matters

Sec. 1021. Transfer of USNS Maury.

Sec. 1022. Transfer of obsolete vessel Guadalcanal.

Sec. 1023. Maritime prepositioning ship program enhancement.

Subtitle D--POW/MIA Matters

Sec. 1031. Assistance to family members of Korean conflict and Cold War POW/MIAs who remain unaccounted for.

Sec. 1032. Requirement for Secretary of Defense to submit recommendations on certain provisions of law concerning missing persons.

Sec. 1033. Contact between the Department of Defense and the Ministry of National Defense of China on POW/MIA issues.

Sec. 1034. Information concerning unaccounted for United States personnel of the Vietnam conflict.

Sec. 1035. Report on POW/MIA matters concerning North Korea.

Sec. 1036. Disclosure of information concerning unaccounted for United States personnel from the Korean conflict, the Vietnam era, and the Cold War.

Subtitle E--Miscellaneous Reporting Requirements

Sec. 1041. Annual report on denial, revocation, and suspension of security clearances.

Sec. 1042. Report on use of low-enriched uranium as fuel for naval nuclear reactors.

Subtitle F--Congressional Findings, Policies, Commendations, and Commemorations

Sec. 1051. Sense of Congress concerning commendation of individuals exposed to mustard agents during World War II testing activities.

Sec. 1052. USS Indianapolis (CA-35): gallantry, sacrifice and a decisive mission to end WW II.

Subtitle G--Other Matters

Sec. 1061. Increased authority to accept voluntary services.

Sec. 1062. Civil Air Patrol.

Sec. 1063. Prohibition on the purchase of surety bonds and other guarantees for the Department of Defense.

Sec. 1064. Revision of authority for use of Navy installations to provide prerelease employment training to nonviolent offenders in State penal systems.

Sec. 1065. Demonstration project for use of Army installations to provide prerelease employment training to nonviolent offenders in State penal systems.

Sec. 1066. Interagency placement program for Federal employees affected by reductions in force.

Sec. 1067. National Museum of Health and Medicine.

Sec. 1068. Assignments of employees between Federal agencies and federally funded research and development centers.

Sec. 1069. Review of the Bottom Up Review and the Future-Year Defense Program and establishment of new funding requirements and priorities.

Sec. 1070. Technical and clerical amendments.

Sec. 1071. Authorization to exchange certain items for transportation services.

Sec. 1072. Air National Guard fighter aircraft force structure.

Sec. 1073. Sense of Congress concerning visas for high-level officials of Taiwan.

Sec. 1074. Defense Mapping Agency.

Sec. 1075. Limitation regarding telecommunications requirements.

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. Support for technologies with applicability for law enforcement and military operations other than war.

Sec. 1113. Federal defense laboratory diversification and Navy reinvestment in the technology and industrial base.

Sec. 1114. Loan guarantees under defense dual-use assistance extension program.

Sec. 1115. Financial commitment requirements for small business concerns for participation in technology reinvestment projects.

Sec. 1116. Conditions on funding of defense technology reinvestment projects.

Sec. 1117. Use of certain funds pending submission of a national technology and industrial base periodic defense capability assessment and a periodic defense capability plan.

Sec. 1118. Documentation for awards for cooperative agreements or other transactions under defense technology reinvestment programs.

Sec. 1119. Comptroller General assessment of extent to which technology and industrial base programs attain policy objectives.

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. Teacher and teacher’s aide placement programs.

Sec. 1132. Assistance for eligible members to obtain employment with law enforcement agencies.

Sec. 1133. Pilot program to place separated members and terminated defense employees in teaching positions as bilingual math and science teachers.

Sec. 1134. Demonstration project to assist separated members and terminated defense workers to become business owners.

Sec. 1135. Demonstration project to promote ship recycling as a method to assist separated members and terminated defense workers.

Sec. 1136. Administration and funding of defense diversification program and defense conversion adjustment program under Job Training Partnership Act.

Sec. 1137. Assistance for certain workers dislocated due to reductions by the United States in the export of defense articles and services.

Subtitle D--Other Matters

Sec. 1141. Extension of Armament Retooling and Manufacturing Support Initiative and establishment of ARMS initiative loan guarantee program.

Sec. 1142. Changes in notice requirements upon pending or actual termination of defense programs.

Sec. 1143. Plan for deployment of defense environmental technologies for dredging of dual-use ports.

TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION

Sec. 1201. Cooperative Threat Reduction programs.

Sec. 1202. Extension of semiannual report on Cooperative Threat Reduction programs.

Sec. 1203. Report on accounting for United States assistance.

Sec. 1204. Report on control and accountability of material relating to weapons of mass destruction.

Sec. 1205. Multiyear planning and allied support.

Sec. 1206. Funding limitations on Cooperative Threat Reduction program for fiscal year 1995.

Sec. 1207. Report on offensive biological warfare program of the States of the former Soviet Union.

Sec. 1208. Coordination of certain Cooperative Threat Reduction programs.

Sec. 1209. Sense of Congress concerning safe and secure dismantlement of Soviet nuclear arsenal.

TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

Subtitle A--Matters Relating to NATO

Sec. 1301. Cooperative research and development agreements with NATO organizations.

Sec. 1302. North Atlantic Treaty Organization.

Sec. 1303. Authorized end strength for military personnel in Europe.

Sec. 1304. Allied share of installations costs.

Sec. 1305. Payments-in-kind for release of United States overseas military facilities to NATO host countries.

Sec. 1306. George C. Marshall European Center for Security Studies.

Sec. 1307. Sense of the Senate concerning participation in allied defense cooperation.

Subtitle B--Matters Relating to Several Countries

Sec. 1311. Limitation on obligation of funds for overseas basing activities.

Sec. 1312. Clarification and codification of overseas military end strength limitation.

Sec. 1313. Cost-sharing policy and report.

Sec. 1314. Report assessing the national security consequences of United States military cooperation programs.

Sec. 1315. Review and report regarding Department of Defense programs relating to regional security and host nation development in the Western Hemisphere.

Sec. 1316. Military-to-military contacts and comparable activities.

Sec. 1317. Extension of authority to enter into certain cooperative agreement authorities to include the United Nations and regional organizations of which the United States is a member.

Sec. 1318. Permanent authority for Department of Defense to share equitably the costs of claims under international armaments cooperative programs.

Subtitle C--Matters Relating to Specific Countries

Sec. 1321. Defense cooperation between the United States and Israel.

Sec. 1322. Readiness of military forces of the Republic of Korea.

Sec. 1323. Military planning for the size and structure of a force required for a major regional contingency on the Korean peninsula.

Sec. 1324. Sense of Congress concerning the North Korean nuclear weapons development program.

Sec. 1325. Report on security relationship between the United States and Japan.

TITLE XIV--PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE ACTIVITIES

Subtitle A--Peace Operations

Sec. 1401. Reports on reforming United Nations peace operations.

Sec. 1402. Report on military readiness implications of Bosnia peacekeeping deployment.

Sec. 1403. Report on intelligence lessons learned from United States activities in Somalia.

Sec. 1404. Bosnia and Herzegovina.

Subtitle B--Assistance Activities

Sec. 1411. Overseas Humanitarian, Disaster, and Civic Aid Programs.

Sec. 1412. Foreign disaster assistance.

Sec. 1413. Humanitarian assistance program for clearing landmines.

TITLE XV--ARMS CONTROL MATTERS

Sec. 1501. Extension and revision of nonproliferation authorities.

Sec. 1502. Joint Committee for Review of Counterproliferation Programs of the United States.

Sec. 1503. Reports on counterproliferation activities and programs.

Sec. 1504. Amounts for counterproliferation activities.

Sec. 1505. Studies relating to United States counterproliferation policy.

Sec. 1506. Restriction relating to submission of report on proliferation of foreign military satellites.

Sec. 1507. Limitation on funds for studies pending receipt of previously required report.

Sec. 1508. Sense of Congress concerning indefinite extenstion of Nuclear Nonproliferation Treaty.

Sec. 1509. Negotiation of limitations on nuclear weapons testing.

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

Sec. 1601. Short title; table of contents.

Sec. 1602. References to title 10, United States Code.

Subtitle A--Reserve Officer Personnel Management

Part I--Revised and Standardized Reserve Officer Personnel System

Sec. 1611. Promotion and retention of reserve officers.

Part II--Conforming Amendments

Sec. 1621. Definition of reserve active-status list.

Sec. 1622. Authority to suspend officer personnel laws during war or national emergency.

Sec. 1623. Active-duty list promotion boards to have authority to recommend that reserve officers considered for promotion be required to show cause for retention on active duty.

Sec. 1624. Applicability of chapter 36 to reserve officers during war or national emergency.

Sec. 1625. Grade in which reserve officers are ordered to active duty.

Sec. 1626. Date of rank.

Sec. 1627. Discharge before completion of required service in case of officers having twice failed of selection for captain or navy lieutenant.

Sec. 1628. Conforming amendments relating to Navy and Marine Corps officers.

Sec. 1629. Repeal of reserve officer personnel policy laws.

Sec. 1630. Amendments to title 32, United States Code.

Subtitle B--Other Personnel Policy Amendments

Part I--Appointments

Sec. 1631. Repeal of separate authority for accession of women in reserve components.

Sec. 1632. Appointment authority for reserve grades of lieutenant colonel and commander.

Sec. 1633. Appointment of former commissioned officers in reserve components.

Sec. 1634. Constructive credit for appointment of officers in reserve components with qualifying education or experience.

Sec. 1635. Computation of years of service for transfer of Army officers to Retired Reserve.

Sec. 1636. Repeal of miscellaneous obsolete appointment authorities.

Part II--Retirement and Separation

Sec. 1641. Computation of highest grade in which satisfactorily served for reserve commissioned officers and former officers.

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

Sec. 1661. Laws relating to organization and administration of reserve components.

Sec. 1662. Laws relating to reserve component personnel policy.

Sec. 1663. Laws relating to reserve component training and educational assistance programs.

Sec. 1664. Laws relating to reserve component procurement and equipment.

Sec. 1665. Legislative construction.

Subtitle D--Technical and Clerical Amendments

Sec. 1671. Amendments to subtitle A of title 10, United States Code.

Sec. 1672. Amendments to subtitle B of title 10, United States Code.

Sec. 1673. Amendments to subtitle C of title 10, United States Code.

Sec. 1674. Amendments to subtitle D of title 10, United States Code.

Sec. 1675. Amendments to subtitle E of title 10, United States Code.

Sec. 1676. Amendments to titles 32 and 37, United States Code.

Sec. 1677. Amendments to other laws.

Subtitle E--Transition Provisions

Sec. 1681. Continuation on the reserve active-status list of certain reserve colonels of the Army and Air Force.

Sec. 1682. Effects of selection for promotion and failure of selection for Army and Air Force officers.

Sec. 1683. Effects of selection for promotion and failure of selection for Navy and Marine Corps officers.

Sec. 1684. Delays in promotions and removals from promotion list.

Sec. 1685. Minimum service qualifications for promotion.

Sec. 1686. Establishment of reserve active-status list.

Sec. 1687. Preservation of relative seniority under the initial establishment of the reserve active-status list.

Sec. 1688. Grade on transfer to the Retired Reserve.

Sec. 1689. Rights for officers with over three years service.

Sec. 1690. Mandatory separation for age for certain reserve officers of the Navy and Marine Corps.

Subtitle F--Effective Dates and General Savings Provisions

Sec. 1691. Effective dates.

Sec. 1692. Preservation of suspended status of laws suspended as of effective date.

Sec. 1693. Preservation of pre-existing rights, duties, penalties, and proceedings.

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.

Sec. 2106. Relocation of Army family housing units from Fort Hunter Liggett, California, to Fort Stewart, Georgia.

Sec. 2107. Highway safety at Hawthorne Army Ammunition Plant, Nevada.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. 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.

Sec. 2207. Relocation of Pascagoula Coast Guard Station, Mississippi.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Authorization of military construction projects at Tyndall Air Force Base, Florida, for which funds have been appropriated.

Sec. 2306. Revision of authorized family housing project at Tyndall Air Force Base, Florida.

Sec. 2307. Modification of Air Force Plant No. 3, Tulsa, Oklahoma.

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.

Sec. 2407. Planning and design for construction in support of consolidation of operations of the Defense Finance and Accounting Service.

Sec. 2408. Modification of authority to carry out fiscal year 1993 project.

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 use of 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.

Sec. 2605. Colorado State Area Command Armory, Englewood, Colorado.

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. Limitation on repair of existing facilities.

Sec. 2802. Clarification of requirement for notification of Congress of improvements in family housing units.

Sec. 2803. Limited partnerships for Navy housing.

Sec. 2804. Reimbursement for services provided by the Department of Defense incident to construction, maintenance, or repair projects to real property.

Sec. 2805. Authority to pay closing costs under Homeowners Assistance Program.

Subtitle B--Defense Base Closure and Realignment

Sec. 2811. Prohibition against consideration in base closure process of advance conversion planning undertaken by potential affected communities.

Sec. 2812. Consultation regarding personal property located at military installations to be closed.

Sec. 2813. Clarifying and technical amendments to base closure laws.

Sec. 2814. Government rental of facilities located on closed military installations.

Sec. 2815. Report of effect of base closures on future mobilization options.

Sec. 2816. Restoration of annual leave for civilian employees in connection with certain base realignments.

Sec. 2817. Agreements of settlement for release of improvements at overseas military installations.

Subtitle C--Changes to Existing Land Conveyance Authority

Sec. 2821. Additional lessee of property at Naval Supply Center, Oakland, California.

Sec. 2822. Modifications 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.

Sec. 2825. Modification of land conveyance, Fort Knox, Kentucky.

Sec. 2826. Revisions to release of reversionary interest, Old Spanish Trail Armory, Harris County, Texas.

Sec. 2827. Modification of height restriction in avigation easement.

Sec. 2828. Technical amendment to correct reference in land transaction.

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, Naval Weapons Industrial Reserve Plant, Calverton, New York.

Sec. 2834. Land conveyance, Radar Bomb Scoring Site, Dickinson, North Dakota.

Sec. 2835. Land conveyance, Finley Air Force Station, Finley, North Dakota.

Sec. 2836. Land conveyance, Cornhusker Army Ammunition Plant, Hall County, Nebraska.

Sec. 2837. Land conveyance, Hawthorne Army Ammunition Plant, Mineral County, Nevada.

Sec. 2838. Land conveyance, Fort Dix, New Jersey.

Sec. 2839. Land conveyance, Defense Fuel Supply Point, Casco Bay, Maine.

Sec. 2840. Land conveyance, Army Reserve Facility, Rio Vista, California.

Sec. 2841. Lease of property, Naval Shipyard, Vallejo, California.

Sec. 2842. Lease of property, Naval Radio Receiving Facility, Imperial Beach, Coronado, California.

Sec. 2843. Authority for Oxnard Harbor District, Port Hueneme, California, to use certain Navy property.

Sec. 2844. Transfer of jurisdiction, Air Force housing at Radar Bomb Scoring Site, Holbrook, Arizona.

Sec. 2845. Transfer of jurisdiction, Holloman Air Force Base, New Mexico.

Sec. 2846. Transfer of jurisdiction, Fort Devens, Massachusetts.

Sec. 2847. Release of requirements and reversionary interest on certain property in Baltimore, Maryland.

Sec. 2848. Release of reversionary interest on certain property in York County and James City County, Virginia, and Newport News, Virginia.

Subtitle E--Other Matters

Sec. 2851. Joint construction contracting for commissaries and nonappropriated fund instrumentality facilities.

Sec. 2852. National Guard facility contracts subject to performance supervision by Army or Navy.

Sec. 2853. Repeal of restrictions on land transactions relating to Presidio of San Francisco, California.

Sec. 2854. Report on use of funds for environmental restoration at Cornhusker Army Ammunition Plant, Hall County, Nebraska.

Sec. 2855. Engineering, design, construction, and related services for Women in Military Service for America Memorial.

Sec. 2856. Sense of the Senate on authorization of funds for military construction projects not requested in the President’s annual budget request.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Nuclear materials support and other defense programs.

Sec. 3104. Defense nuclear waste disposal.

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. Construction design and conceptual design for construction projects.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. 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. Protection of workers at nuclear weapons facilities.

Sec. 3136. Limitation on use of program direction funds.

Sec. 3137. National security programs.

Sec. 3138. Programs for persons who may have been exposed to radiation released from Hanford Nuclear Reservation.

Sec. 3139. Limitation on study or relocation of tritium-related activities and operations.

Sec. 3140. Hazardous materials management and hazardous materials emergency response training program.

Sec. 3141. International Center for Applied Research.

Subtitle D--Other Matters

Sec. 3151. Accounting procedures for Department of Energy funds.

Sec. 3152. Approval for certain nuclear weapons activities.

Sec. 3153. Study of feasibility of conducting certain activities at the Nevada Test Site, Nevada.

Sec. 3154. Report on waste streams generated by nuclear weapons production cycle.

Sec. 3155. Communication of restricted data and formerly restricted data.

Sec. 3156. Scholarship and fellowship program for environmental restoration and waste management.

Sec. 3157. Report on economic redevelopment and conversion activities resulting from reconfiguration of Department of Energy nuclear weapons complex.

Sec. 3158. Office of Fissile Materials Disposition.

Sec. 3159. Extension of authority to loan personnel and facilities at Idaho National Engineering Laboratory.

Sec. 3160. Elimination of requirement for five-year plan for defense nuclear facilities.

Sec. 3161. Authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3162. Use of funds for computer declassification system.

Sec. 3163. Safety oversight and enforcement at defense nuclear facilities.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.

Sec. 3302. Rotation of materials to prevent technological obsolescence.

Sec. 3303. Extension of limitation on authority to dispose of chromium ferro and manganese ferro.

Sec. 3304. Limitation on authority to dispose of zinc.

Sec. 3305. Limitations on disposal of chromite and manganese ores.

Sec. 3306. Report on domestic production of high purity electrolytic chromium metal.

TITLE XXXIV--CIVIL DEFENSE

Subtitle A--Authorization of Appropriations

Sec. 3401. Authorization of appropriations.

Subtitle B--Reenactment of Federal Civil Defense Act of 1950 in the Robert T. Stafford Disaster Relief and Emergency Assistance Act

Sec. 3411. Restatement of Federal civil defense authorities in the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Sec. 3412. Repeal of Federal Civil Defense Act of 1950.

TITLE XXXV--NAVAL PETROLEUM RESERVES

Sec. 3501. Authorization of appropriations.

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

Sec. 3503. Extension of operating contract for Naval Petroleum Reserve Numbered 1.

TITLE XXXVI--PANAMA CANAL COMMISSION

Sec. 3601. Short title.

Sec. 3602. Authorization of expenditures.

Sec. 3603. Expenditures in accordance with other laws.

Sec. 3604. Costs of educational services obtained in the United States.

Sec. 3605. Special immigrant status of Panamanians employed by the United States in the former Canal Zone.

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, $1,289,452,000.

      (2) For missiles, $818,709,000.

      (3) For weapons and tracked combat vehicles, $1,159,214,000.

      (4) For ammunition, $902,821,000.

      (5) For other procurement, $2,624,707,000.

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, $4,491,845,000.

      (2) For weapons, including missiles and torpedoes, $2,076,625,000.

      (3) For shipbuilding and conversion, $5,619,897,000.

      (4) For other procurement, $3,287,487,000.

    (b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 1995 for procurement for the Marine Corps in the amount of $403,410,000.

    (c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for procurement of ammunition for Navy and the Marine Corps in the amount of $449,815,000.

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, $6,489,467,000.

      (2) For missiles, $3,732,845,000.

      (3) For ammunition, $251,546,000.

      (4) For other procurement, $6,929,170,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 1995 for Defense-wide procurement in the amount of $1,891,371,000.

SEC. 105. RESERVE COMPONENTS.

    Funds are hereby authorized to be appropriated for fiscal year 1995 for procurement of aircraft, vehicles, communications equipment, and other equipment for the reserve components of the Armed Forces as follows:

      (1) For the Army National Guard, $20,000,000.

      (2) For the Air National Guard, $260,000,000.

      (3) For the Army Reserve, $50,000,000.

      (4) For the Naval Reserve, $80,000,000.

      (5) For the Air Force Reserve, $50,000,000.

      (6) For the Marine Corps Reserve, $50,000,000.

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

    (a) AUTHORIZATION- There is hereby authorized to be appropriated for fiscal year 1995 the amount of $599,549,000 for--

      (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

      (2) the destruction of chemical warfare material of the United States that is not covered by section 1412 of such Act.

    (b) LIMITATION- Of the funds specified in subsection (a)--

      (1) $363,584,000 is for operations and maintenance;

      (2) $215,265,000 is for procurement; and

      (3) $20,700,000 is for research and development efforts in support of the chemical weapons program.

    (c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED APPROPRIATIONS- The Secretary of Defense may obligate funds appropriated for research, development, test, and evaluation of alternative technologies under the heading ‘CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE’ in title VI of Public Law 103-139 (107 Stat. 1436).

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.

    (a) M1A2 TANK UPGRADE- The Secretary of the Army may, in accordance with statutory multiyear contract authority, enter into multiyear procurement contracts for procurement of upgrades of M1 Abrams tanks to the M1A2 Abrams configuration.

    (b) AVENGER AIR DEFENSE MISSILE SYSTEM- Notwithstanding the limitation on statutory multiyear contract authority relating to the maximum duration of a multiyear contract under that authority, the Secretary of the Army may extend the multiyear contract in effect during fiscal year 1994 for the Avenger air defense missile system for a sixth program year and may award such an extension.

    (c) STATUTORY MULTIYEAR CONTRACT AUTHORITY DEFINED- For purposes of this section, the term ‘statutory multiyear contract authority’ means--

      (1) the authority provided in section 2306(h) of title 10, United States Code; or

      (2) if the Federal Acquisition Streamlining Act of 1994 is enacted during the second session of the One Hundred Third Congress, the authority provided in section 2306b of title 10, United States Code, as added by the Federal Acquisition Streamlining Act of 1994 (restating the authorities previously provided in section 2306(h) of such title).

SEC. 112. TRANSFER TO MARINE CORPS OF M1A1 TANKS REPLACED BY M1A2 UPGRADES.

    (a) IN GENERAL- The Secretary of the Army shall transfer M1A1 common tanks to the Marine Corps Reserve in accordance with this section.

    (b) NUMBER OF TANKS TO BE TRANSFERRED- The number of tanks to be transferred to the Marine Corps Reserve under this section is the number (if greater than zero) equal to the difference between--

      (1) the number of M1A2 Abrams tank upgrades for which funds are authorized for fiscal year 1995 or (if lower) the number of such upgrades for which funds are appropriated for fiscal year 1995; and

      (2) the number of such upgrades requested in the budget of the President for fiscal year 1995.

    (c) TIMING FOR TRANSFERS- Of the M1 tanks selected to be upgraded to the M1A2 configuration using funds provided for fiscal year 1995, the Secretary of the Army shall designate specific tanks, in the number of such tanks to be upgraded in excess of the number requested to be upgraded in the budget of the President, as constituting the additional M1A2 tank upgrades for which funds were provided in excess of the number requested in the budget. With respect to each such tank so designated, the Secretary may not accept delivery from the contractor of that tank until the Secretary has transferred to the Marine Corps Reserve one M1A1 common tank (in addition to any previously transferred).

SEC. 113. TRANSFER OF M1A1 TANKS TO THE MARINE CORPS.

    (a) TRANSFERS AUTHORIZED- As M1A1 tanks of the Army become excess to the requirements of the active component of the Army, the Secretary of the Army shall transfer to the Marine Corps 84 of such tanks selected by the Secretary of the Army to complete the requirements for tanks of the active component of the Marine Corps. Any such transfer shall be made at no expense to the Army.

    (b) LIMITATION ON TANK TRANSFERS TO ARMY NATIONAL GUARD- After the date of the enactment of this Act, the Secretary of the Army may not transfer an M1A1 tank to the Army National Guard until, with respect to that transfer, the Secretary has transferred a separate M1A1 tank to the Marine Corps (in addition to any M1A1 tanks previously transferred to the Marine Corps). The limitation in the preceding sentence shall remain in effect until the Secretary has transferred to the Marine Corps under this section the total number of tanks specified in subsection (a).

    (c) CONDITION OF TANKS- The tanks transferred to the Marine Corps pursuant to this section shall be in a material condition comparable to the material condition of the tanks transferred to the National Guard.

    (d) TREATMENT OF CERTAIN TRANSFERRED TANKS UNDER LIMITATIONS- Transfers of tanks under section 112 shall not be counted for purposes of this section.

SEC. 114. EXCEPTION TO MANDATORY RETIREMENT OF OV-1 AIRCRAFT FOR AIRCRAFT DEPLOYED IN KOREA.

    (a) EXCEPTION TO MANDATORY RETIREMENT- The first sentence of subsection (b)(2) of section 1439 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1689) shall not apply with respect to OV-1 Mohawk surveillance aircraft deployed in Korea in a number not in excess of the number of such aircraft deployed in Korea on the date of the enactment of this Act.

    (b) EXCEPTION TO PROHIBITION ON USE OF FUNDS- The provisions of subsection (a) of that section shall not apply with respect to the operation and maintenance of aircraft covered by subsection (a) of this section.

SEC. 115. SMALL ARMS INDUSTRIAL BASE.

    (a) FUNDING FOR PROCUREMENT- Of the funds authorized to be appropriated pursuant to section 101(3), $93,683,000 is available for procurement of small arms weapons as follows:

      (1) $38,902,000 for the MK19-3 grenade machine gun.

      (2) $13,000,000 for the M16A2 rifle.

      (3) $28,616,000 for the M249 squad automatic weapon.

      (4) $13,165,000 for the M4 carbine.

    (b) MULTIYEAR CONTRACTS AUTHORIZED- (1) During fiscal year 1995, the Secretary of the Army may, in accordance with section 2306(h) of title 10, United States Code, enter into multiyear contracts to meet the following objectives for quantities of small arms weapons to be procured for the Army:

Weapon

--Quantity

MK19-3 grenade machine gun

--21,217

M16A2 rifle

--1,002,277

M249 squad automatic weapon

--71,769

M4 carbine

--132,510.

    (2) If the Army does not enter into contracts during fiscal year 1995 that will meet all the objectives set forth in paragraph (1), the Secretary shall, to the extent provided for in appropriations Acts, enter into multiyear contracts during subsequent fiscal years to meet those objectives.

    (c) FOLLOW-ON WEAPONS- The Secretary of the Army shall provide for procurement of product improvements for existing small arms weapons and may do so within multiyear contracts entered into pursuant to subsection (b).

    (d) JOINT SMALL ARMS MASTER PLAN- (1) The Secretaries of the military departments shall jointly develop a master plan for meeting the immediate and future needs of the Armed Forces for small arms. The Secretary of the Army shall coordinate the development of the joint small arms master plan. The joint small arms master plan shall include--

      (A) an examination of the relative advantages and disadvantages of improving existing small arms weapons as compared to investing in new, advanced technology weapons; and

      (B) an analysis of the effects of each such approach on the small arms industrial base.

    (2) Not later than April 1, 1995, the Under Secretary of Defense for Acquisition and Technology shall--

      (A) review the joint small arms master plan and the results of the examination of relative advantages and disadvantages of the two courses of action described in paragraph (1); and

      (B) transmit the plan, together with any comments that the Under Secretary considers appropriate, to Congress.

    (e) FUNDING FOR RDT&E- Of the funds authorized to be appropriated under section 201(1)--

      (1) $5,000,000 shall be available for the Objective Crew-Served Weapons System; and

      (2) $3,000,000 shall be available for product improvements to existing small arms weapons.

SEC. 116. BUNKER DEFEAT MUNITION ACQUISITION PROGRAM.

    The Secretary of the Army, in acquiring munitions under the bunker defeat munition weapons acquisition program--

      (1) may acquire only those munitions that are designated as ‘type classified, limited procurement for contingency operations’; and

      (2) may not acquire more than 6,000 such munitions.

SEC. 117. PROCUREMENT OF HELICOPTERS.

    (a) AH-64 APACHE AIRCRAFT- The prohibition in section 132(a)(2) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1382) does not apply to the obligation of funds in amounts not to exceed $72,000,000 for the procurement of not more than 6 AH-64 aircraft from funds appropriated for fiscal year 1995 pursuant to section 101.

    (b) OH-58D AHIP AIRCRAFT- The prohibition in section 133(a)(2) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1383) does not apply to the obligation of funds in amounts not to exceed $150,000,000 for the procurement of not more than 24 OH-58D AHIP Scout aircraft from funds appropriated for fiscal year 1995 pursuant to section 101.

Subtitle C--Navy Programs

SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.

    (a) TRANSFER OF FISCAL YEAR 1994 FUNDS- There is hereby authorized to be transferred to the Shipbuilding and Conversion, Navy, appropriation account for fiscal year 1995 the amount of $1,200,000,000, to be derived from the National Defense Sealift Fund.

    (b) AVAILABILITY FOR CVN-76- Funds transferred pursuant to the authorization in subsection (a) shall be available for the CVN-76 nuclear aircraft carrier program.

SEC. 122. SEAWOLF SUBMARINE PROGRAM.

    (a) LIMITATION ON PROGRAM COST- Except as provided in subsection (b), the total amount obligated on or expended for procurement of the SSN-21 and SSN-22 Seawolf submarines may not exceed $4,759,571,000.

    (b) AUTOMATIC INCREASE OF LIMITATION AMOUNT- The amount of the limitation set forth in subsection (a) is increased by the following amounts:

      (1) The amounts of outfitting costs and post-delivery costs incurred for the submarines referred to in such subsection.

      (2) The amounts of increases in costs attributable to economic inflation.

      (3) The amounts of increases in costs attributable to compliance with changes in Federal, State, or local laws.

SEC. 123. GUIDANCE SETS FOR TRIDENT II MISSILES.

    (a) LIMITATION- Funds appropriated for fiscal year 1995 for the Navy pursuant to section 102 may not be obligated to procure more than 14 Mark-6 guidance sets for Trident II (D-5) missiles until the certification specified in subsection (b) has been submitted to Congress.

    (b) CERTIFICATION- A certification referred to in subsection (a) is a certification by the Secretary of Defense that it is necessary to procure (with funds referred to in subsection (a)) more than 14 Mark-6 guidance sets for Trident II (D-5) missiles because a failure to do so would pose an unacceptable risk to the long-term readiness and reliability of the Trident II (D-5) missile program.

SEC. 124. PROHIBITION ON TRIDENT II BACKFIT.

    (a) LIMITATION- The Secretary of the Navy may not modify any Trident I submarine to enable that submarine to be deployed with Trident II (D-5) missiles.

    (b) WAIVER AUTHORITY- If the Secretary of Defense determines that adherence to the prohibition in subsection (a) would result in a significant national security risk to the United States, the Secretary may waive that prohibition. Such a waiver may not take effect until the Secretary submits to Congress a certification of that determination and of the reasons for that determination.

SEC. 125. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT PROGRAM.

    Section 1424 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 7291 note) is amended--

      (1) in subsection (a), by inserting ‘, or conversion and operation,’ after ‘construction and operation’; and

      (2) in subsection (b)--

        (A) by inserting ‘or converted’ after ‘constructed’ each place it appears; and

        (B) by inserting ‘or conversion’ after ‘Construction’ in paragraph (3).

SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VESSELS.

    (a) LIMITATION- The Secretary of the Navy may not obligate funds for any of the vessels designated as TAGS-63, TAGS-64, or TAGS-65 unless the Secretary certifies to Congress that the multibeam sonars to be used on those vessels (whether new or remanufactured) have been obtained through the use of competitive acquisition procedures.

    (b) NATIONAL SECURITY WAIVER- The Secretary of the Navy may waive the limitation in subsection (a) for reasons of national security. Such a waiver may not take effect until the Secretary submits to Congress a report giving notice of the waiver and an explanation of the national security reasons for the waiver.

SEC. 127. NAVAL AMPHIBIOUS READY GROUPS.

    (a) FINDINGS- Congress makes the following findings:

      (1) Amphibious Assault Ships (LHDs) provide an important contingency capability and are uniquely suited to respond to world crises and to provide assistance after natural disasters.

      (2) Extensive testimony received by the Committee on Armed Services of the Senate in 1994 and prior years from military and civilian officials of the Department of Defense provided compelling support for a military requirement for 12 Amphibious Ready Groups.

      (3) Twelve Amphibious Ready Groups is the correct number of amphibious ready groups necessary to sustain forward deployment and contingency requirements of the Navy.

      (4) A report of the Department of the Navy (prepared pursuant to requirements of the National Defense Authorization Act for Fiscal Year 1993) clearly stipulates that a seventh LHD amphibious assault vessel is required in order for the Navy to achieve a force of 12 Amphibious Ready Groups.

      (5) A significant shortfall in amphibious shipping and amphibious lift exists, both in the fiscal year 1995 budget request and in outyear force structure projections.

      (6) The Department of the Navy has identified funds in outyear budget projections for the purchase of the amphibious assault vessel designated as LHD-7.

    (b) SENSE OF CONGRESS- It is the sense of Congress that the Secretary of the Navy--

      (1) should plan for, and budget to provide for, the attainment of a twelfth Amphibious Ready Group as soon as possible; and

      (2) should extend the existing contract option on the LHD-7 Amphibious Assault Ship to facilitate achieving 12 Amphibious Ready Groups.

    (c) LHD-7 CONTRACT OPTION EXTENSION- (1) The Secretary of the Navy is authorized to extend the existing contract option for the LHD-7 Amphibious Assault ship if the Secretary determines that the extension would be in the best interest of the United States.

    (2) The Secretary of the Navy shall immediately begin negotiations to extend the existing contract option for the LHD-7 Amphibious Assault Ship Program.

    (3) On and after the date that is 30 days after the date on which the Secretary notifies Congress of an intention to do so, the Secretary may use for such contract option extension funds that are authorized to be appropriated for other Navy programs. The notification shall include a description of the intended use of the funds.

    (d) REPORT REQUIREMENT- The Secretary of the Navy shall submit to Congress, after December 31, 1994, but before March 31, 1995, a report stating the Secretary’s intentions regarding exercise of the existing contract option for the LHD-7 Amphibious Assault Ship. The report shall include an explanation of the Secretary’s actions regarding attainment of a twelfth Amphibious Ready Group and the costs and benefits of extending the existing contract option on the LHD-7 Amphibious Assault Ship.

Subtitle D--Air Force Programs

SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.

    (a) AUTHORIZATION- Of the amount provided in section 103 for procurement of aircraft for the Air Force--

      (1) $103,707,000 shall be available for Non-Developmental Alternative Aircraft procurement; and

      (2) $2,364,622,000 shall be available for the C-17 aircraft program, of which--

        (A) $2,168,614,000 is for procurement of six C-17 aircraft;

        (B) $189,900,000 is for advance procurement of up to eight C-17 aircraft for fiscal year 1996; and

        (C) $6,108,000 is for C-17 modifications.

    (b) REQUIREMENT FOR COMPETITION- The Secretary of Defense shall use competitive procedures in selecting a source for the aircraft to be procured as Non-Developmental Alternative Aircraft under subsection (a).

    (c) NOTICE TO CONGRESS- Funds described in subsection (a) may not be obligated for procurement under subsection (a) until 60 days after the date on which the Secretary of Defense submits to Congress a report describing the Secretary’s plan for the obligation of those funds.

    (d) PRESERVATION OF INTERTHEATER AIRLIFT CAPACITY- It is the sense of Congress that the Secretary of Defense, in acquiring aircraft using funds provided in accordance with subsection (a), should 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. SETTLEMENT OF CLAIMS UNDER THE C-17 AIRCRAFT PROGRAM.

    (a) AUTHORIZATION FOR SUPPLEMENTAL AGREEMENTS AND CONTRACT MODIFICATIONS- (1) The Secretary of the Air Force may (subject to subsection (e)) enter into supplemental agreements and contract modifications pertaining to contracts specified in paragraph (2) in order to do any of the following:

      (A) Settle claims and disputes arising under those contracts as provided in the C-17 settlement agreement.

      (B) Revise the delivery schedules under those contracts as provided in the C-17 settlement agreement for the aircraft designated as T-1 and P-1 through P-6.

      (C) Revise range specifications, payload specifications, and other specifications under those contracts as provided in Attachment B to the letter (described in subsection (h)) setting forth the C-17 settlement agreement.

    (2) This section applies to the following contracts:

      (A) Air Force prime contract F33657-81-C-2108 (relating to the C-17 aircraft program).

      (B) Such other Air Force contracts relating to the C-17 aircraft program (entered into before, on, or after the date of the enactment of this Act) as the Secretary of the Air Force determines to be appropriate.

    (b) FURTHER CONSIDERATION FROM CONTRACTOR NOT REQUIRED- The Secretary of the Air Force may enter into a supplemental agreement or contract modification under subsection (a) without requiring further consideration from the contractor for the benefit to be derived by the contractor under that agreement or modification only to the extent provided for in the C-17 settlement agreement.

    (c) RELEASE OF CONTRACTOR CLAIMS- Any supplemental agreement or contract modification entered into under subsection (a) shall, as provided in the C-17 settlement agreement, require that the prime contractor release the Government from any contractual claim, demand, request for equitable adjustment, or other cause of action, known or unknown, that the prime contractor may have against the Government on or before January 6, 1994, arising out of the C-17 program contracts.

    (d) CONTRACT MODIFICATIONS REGARDING CONTRACTOR COMMITMENTS- (1) The Secretary of the Air Force shall incorporate into each appropriate C-17 contract the commitment of the prime contractor to make C-17 program changes as described in paragraph (2) on a nonreimbursable or cost-share basis.

    (2) Paragraph (1) applies to the commitment of the prime contractor provided in the C-17 settlement agreement to make the following C-17 program changes:

      (A) Extend the flight test program.

      (B) Redesign the wing.

      (C) Implement Computer Aided Design/Computer Aided Manufacturing System improvements, Management Information System improvements, and Advanced Quality System improvements.

      (D) Implement product improvement cost reduction projects.

      (E) Resolve other C-17 program issues.

    (e) REQUIRED CERTIFICATION- The Secretary of the Air Force may not enter into a supplemental agreement or contract modification under subsection (a) until 30 days after the date on which the Secretary of Defense submits to Congress a written certification of each of the following:

      (1) That the terms and conditions set forth in the C-17 settlement agreement, including the terms and conditions relating to the settlement of claims, are in the best interest of the Government for a total procurement under the C-17 program that could be as few as 40 aircraft.

      (2) That the membership of the Defense Science Board C-17 Task Force has advised the Secretary of Defense that, for a total procurement quantity of as few as 40 aircraft, the terms and conditions set forth in the C-17 settlement agreement, including the terms and conditions relating to settlement of claims, are in the best interest of the Government.

      (3) That the Secretary will establish specific not-to-exceed costs estimates for production lots VII through XI and will provide that cost information to Congress not later than March 1, 1995.

      (4) That during fiscal year 1995 no funds available to the Department of Defense will be used to relax performance requirements specified in the acquisition program baseline beyond the extent provided for in the C-17 settlement agreement.

      (5) That the Secretary will transmit to Congress milestones and exit criteria for the C-17 not later than March 1, 1995.

      (6) That nothing in the C-17 settlement agreement releases the contractor from any potential liability for fraud or criminal violations.

    (f) RESTRICTION ON USE OF DOD FUNDS FOR DEVELOPMENT OF ALTERNATIVE AIRCRAFT- No funds appropriated to the Department of Defense for fiscal year 1995 may be used to design, develop, or produce a modified version of the C-17 aircraft that could be considered to be a nondevelopmental alternative aircraft for purposes of future Department of the Air Force competitions for intertheater airlift requirements.

    (g) OTHER CONTRACTOR OBLIGATIONS- Nothing in this section shall be construed as relieving the prime contractor for the C-17 aircraft from any obligation provided for in the C-17 settlement agreement.

    (h) C-17 SETTLEMENT AGREEMENT DEFINED- For purposes of this section, the term ‘C-17 settlement agreement’ means the settlement agreement that was proposed to the prime contractor for the C-17 aircraft program by the Under Secretary of Defense for Acquisition and Technology by letter dated January 3, 1994, and that was accepted by that prime contractor on January 6, 1994.

    (i) EXPIRATION OF AUTHORITY- The authority of the Secretary of the Air Force to enter into agreements and contract modifications under subsection (a) expires at the close of September 30, 1995.

SEC. 133. HEAVY BOMBER FORCE REQUIREMENTS.

    (a) REQUIREMENTS STUDY- The Secretary of Defense shall carry out a study of bomber force requirements of the Department of Defense. The Secretary shall submit to Congress a report on the results of the study not later than April 15, 1995. The study shall address, for each of the target years 1998, 2006, and 2014, the following:

      (1) Realistic alternative mixes of bombers constituting the bomber force and whether, for each of the alternative mixes, the bomber force so produced can meet well-defined national security requirements.

      (2) The incremental levels of munitions requirements, bomber upgrade requirements, and other support requirements for implementation of each of the alternative mixes.

      (3) The cost of implementation, affordability of implementation, and time required for implementation of each of the alternative mixes.

      (4) The sensitivity to small changes in assumptions of the capabilities of the bomber force produced by each of the alternative mixes to meet mission requirements.

    (b) FURTHER ALTERNATIVE STRATEGIES- If the Secretary determines in the study carried out under subsection (a) that the bomber force capabilities are not adequate to meet requirements for any of the target years considered, the Secretary shall undertake a further study to examine alternative strategies for increasing bomber force capabilities. As part of such examination, the Secretary shall do the following:

      (1) Determine those core bomber industrial capabilities that are needed to maintain the ability to design, develop, and produce bomber aircraft in the near-term and in the long-term and that--

        (A) would take extended periods of time or substantial expense to regenerate; and

        (B) are in imminent danger of being lost.

      (2) For each strategy examined--

        (A) estimate the cost of implementing the strategy;

        (B) make a judgment about the affordability of the strategy; and

        (C) assess the time required to implement the strategy.

    (c) SECOND REPORT- If the Secretary carries out a study as provided in subsection (b), the Secretary shall submit to Congress a report containing the results of the study carried out under subsection (b) not later than July 1, 1995. The Secretary shall include in such report the Secretary’s recommendations for assuring the availability of bomber force capabilities required in the future.

    (d) ENHANCED BOMBER CAPABILITY FUND- (1) Of the amounts authorized to be appropriated by section 103 for procurement of aircraft for the Air Force, not more than $125,000,000 is available for an Enhanced Bomber Capability Fund.

    (2) Pending the completion of the studies required by subsections (a) and (b), the Secretary may obligate up to $100,000,000 of the amount in such fund--

      (A) for those studies; and

      (B) for the purpose of preserving those parts of the core capabilities referred to in subsection (b)(1).

    (3) If, as a result of the study carried out under subsection (b), the Secretary determines that a new-generation bomber is needed to meet the national security requirements for bombers, the Secretary may obligate up to $25,000,000 of the amount in such fund for requirements formulation and conceptual studies for a conventional-conflict-oriented lower-cost next-generation bomber.

    (e) LIMITATION ON FUND- None of the amount available for the Enhanced Bomber Capability Fund may be obligated for advance procurement of new B-2 aircraft (including long-lead items).

    (f) BOMBER DEFINED- For purposes of this section, the term ‘bombers’ means the B-52, B-1, and B-2 aircraft and other bomber aircraft that are developed after the enactment of this Act with similar range and payload characteristics.

SEC. 134. LIMITATION ON RETIREMENT OF BOMBER AIRCRAFT.

    No funds available to the Secretary of Defense may be obligated or expended during fiscal year 1995 for retiring, or preparing to retire, any B-52H, B-1B, or F-111 bomber aircraft.

SEC. 135. EVALUATION OF RESTART OF C-5B AIRCRAFT PROCUREMENT.

    (a) EVALUATION- The Secretary of the Air Force shall conduct an evaluation of the costs of restarting production of C-5B aircraft for the strategic airlift mission. The evaluation shall include startup costs and production costs for a production run of from 30 to 70 units.

    (b) REPORT- The Secretary shall submit to Congress a report on the evaluation under subsection (a). The report may be submitted as part of any other report required to be submitted that relates to intertheater airlift.

Subtitle E--Other Matters

SEC. 141. SALES AUTHORITY OF WORKING-CAPITAL FUNDED ARMY INDUSTRIAL FACILITIES.

    Section 4543(a) of title 10, United States Code, is amended--

      (1) in the matter preceding paragraph (1), by striking out ‘nondefense-related commercial’;

      (2) by striking out ‘and’ at the end of paragraph (3);

      (3) by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon; and

      (4) by adding at the end the following new paragraphs:

      ‘(5) the Secretary of the Army determines that the articles or services are not available from a commercial source located in the United States;

      ‘(6) the purchaser of an article or service agrees to hold harmless and indemnify the United States, except in a case of willful misconduct or gross negligence, from any claim for damages or injury to any person or property arising out of the article or service;

      ‘(7) the article to be sold can be manufactured, or the service to be sold can be substantially performed, by the industrial facility with only incidental subcontracting;

      ‘(8) it is in the public interest to manufacture such article or perform such service; and

      ‘(9) the sale will not interfere with performance of the military mission of the industrial facility.’.

SEC. 142. IDENTIFICATION IN BUDGET OF FUNDS FOR CHEMICAL DEMILITARIZATION MILITARY CONSTRUCTION PROJECTS.

    Section 1412(f) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(f)), is amended--

      (1) by inserting ‘, including funds for military construction projects necessary to carry out this section,’ after ‘carrying out this section’; and

      (2) by striking out the last sentence.

SEC. 143. 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- In the case of 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, the Secretary of Defense may transport such munitions to the nearest chemical munitions stockpile storage facility that has necessary permits for receiving and storing such items if the transportation of such munitions to that facility--

      (1) is considered by the Secretary of Defense to be necessary; and

      (2) can be accomplished while protecting public health and safety.

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, $5,319,520,000.

      (2) For the Navy, $8,845,854,000.

      (3) For the Air Force, $12,475,681,000.

      (4) For Defense-wide activities, $9,428,622,000, of which--

        (A) $230,495,000 is authorized for the activities of the Director, Test and Evaluation; and

        (B) $12,501,000 is authorized for the Director of Operational Test and Evaluation.

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

    (a) FISCAL YEAR 1995- Of the amounts authorized to be appropriated by section 201, $4,193,833,000 shall be available for basic research and exploratory development projects.

    (b) BASIC RESEARCH AND EXPLORATORY DEVELOPMENT DEFINED- For purposes of this section, the term ‘basic research and exploratory development’ means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.

SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.

    Of the amounts authorized to be appropriated by section 201, $111,907,000 shall be available for the Strategic Environmental Research and Development Program.

SEC. 204. MOLECULAR DESIGN MATERIAL SCIENCE.

    Of the amount authorized to be appropriated for the Navy by section 201(2), $10,000,000 shall be used to conduct a centralized program in molecular design material science.

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) FINDING- Congress finds that the current Department of Defense space launch infrastructure has several deficiencies, including high cost, excessive management overhead, inadequate operability and responsiveness to satellite launch requirements, lack of standardization, very large launch personnel requirements to support launch operations, over capacity, and technology obsolescence.

    (c) REQUIRED ACTIONS- The Secretary of Defense shall take the following actions in pursuance of the space launch modernization policy set forth in subsection (a) and to correct the deficiencies described in subsection (b):

      (1) Develop an integrated space launch vehicle strategy that, if implemented, would replace or consolidate the current fleet of medium and heavy launch vehicles. Where prudent and cost effective, the strategy should include a plan for the development of new or upgraded expendable launch vehicles.

      (2) Implement improved management practices including streamlined acquisition approaches, small government program staff, and minimal program overhead.

      (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 to ensure integrated evaluation of satellite requirements and launch capabilities.

      (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 coordination among military, civilian, and commercial launch developers and users.

    (d) ALLOCATION OF FUNDS- Of the amount authorized to be appropriated in section 201(3), $90,000,000 shall be available for research, development, test, and evaluation of non-man-rated space launch systems and technologies. Of that amount--

      (1) $30,000,000 shall be available for a competitive reusable rocket technology program; and

      (2) $60,000,000 shall be available for expendable launch vehicle technology development and acquisition, as appropriate.

    (e) TRANSFER OF FUNDS- The Secretary of Defense shall, to the extent provided in appropriations Acts, transfer to the Department of the Air Force the unobligated balance of funds appropriated for fiscal year 1994 to the Department of Defense for the Advanced Research Projects Agency for single-stage to orbit rocket research and development.

    (f) PROGRAM PLAN- The Secretary of Defense and the Administrator of the National Aeronautics and Space Administration shall develop a plan to coordinate the programs of the Department of Defense and the National Aeronautics and Space Administration for expendable and reusable rocket technology demonstrators and technology development. The Secretary of Defense shall submit to Congress the plan developed under this subsection.

    (g) LIMITATIONS- (1) Funds authorized for appropriation in subsection (d)(1) may be obligated only--

      (A) to the extent that the fiscal year 1995 current operating plan of the National Aeronautics and Space Administration allocates at least an equal amount for its Reusable Space Launch program; and

      (B) as specified in the program plan developed and submitted to Congress pursuant to subsection (f).

    (2) Not more than $30,000,000 of the funds authorized in subsection (d)(2) may be obligated until 30 days after the Secretary of Defense submits to Congress program plans, including objectives, milestones, future years defense program funding, and government-industry cost sharing considerations, as applicable.

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

    (a) IN GENERAL- (1) Of the amounts authorized to be appropriated by section 201(3), up to $2,000,000 may be used for the conduct of a demonstration of existing nondevelopmental items that would enable the use of a single adaptor kit for munitions described in paragraph (2) in order to give those munitions a near-term standoff and accurate guided capability. Such kits should be able to be integrated into aircraft at minimal or no cost.

    (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 Air Force shall submit to Congress a report setting forth in detail the results and costs of the demonstration under subsection (a) and the applicability of the technology demonstrated in providing the Armed Forces with an inexpensive near-term solution to providing both range extension and accurate guided capability to in-inventory munitions.

SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN SPACE.

    (a) PROHIBITION- 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.

    (b) CERTAIN TESTING UNAFFECTED- Nothing in this section is intended to restrict the use of the Sealite Beam Director for the purpose of calibrating a satellite sensor, or for the purpose of imaging an object in space, in conjunction with a laser device other than the MIRACL device operating at an average power level not to exceed that used by other laser devices as of January 1, 1994, at other Department of Defense facilities for those purposes.

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 that has not entered engineering and manufacturing development as of September 1, 1994.’.

    (c) WAIVER- Section 220 of such Act is further amended by adding at the end the following new subsection:

    ‘(f) WAIVER AUTHORITY- (1) The Secretary of Defense may waive the requirements of subsection (a) with respect to a system in any case in which the Secretary determines that a waiver is necessary in the interests of national security.

    ‘(2) Whenever the Secretary proposes to make such a waiver, the Secretary shall submit to Congress a notice of the proposed waiver and the reasons for the waiver. The waiver may then be made only after the expiration of the 30-day period that begins on the date on which the notice is submitted to Congress.’.

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

    (a) REQUIREMENT TO OBLIGATE FUNDS FOR ASPJ- 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 and maintenance of existing Advanced Self Protection Jammer (ASPJ) systems, and integration of such 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) LIMITATION- The Secretary of the Navy may obligate funds under subsection (a) only to the extent provided in appropriations Acts.

    (c) RELATIONSHIP TO OTHER PROVISION OF LAW- 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 (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(b) 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, fully integrated incorporation of the program planning of the ALP into the full range of ARPA core electronics development programs.

    (d) FUNDING- (1) Of the funds authorized to be appropriated in section 201(4), $60,000,000 shall be available for the ALP to conduct research and development activities in accordance with subsection (b).

    (2) Of the funds authorized to be appropriated in section 201(4) for the Semiconductor Manufacturing Technology Consortium, the consortium is strongly encouraged to use not less than $10,000,000 for activities related to lithography.

SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    (a) CENTERS COVERED- Funds appropriated or otherwise made available for the Department of Defense for fiscal year 1995 pursuant to an authorization of appropriations in section 201 may be obligated to procure work from a federally funded research and development center only in the case of a center named in the report required by subsection (b) and, in the case of such a center, only in an amount not in excess of the amount of the proposed funding level set forth for that center in such report.

    (b) REPORT ON ALLOCATIONS FOR CENTERS- (1) Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing--

      (A) the name of each federally funded research and development center from which work is proposed to be procured for the Department of Defense for fiscal year 1995; and

      (B) for each such center, the proposed funding level and the estimated personnel level for fiscal year 1995.

    (2) The total of the proposed funding levels set forth in the report for all federally funded research and development centers may not exceed the amount set forth in subsection (d).

    (c) LIMITATION PENDING SUBMISSION OF REPORT- No funds appropriated or otherwise made available for the Department of Defense for fiscal year 1995 may be obligated to procure work from a federally funded research and development center until the Secretary of Defense submits the report required by subsection (b).

    (d) FUNDING- Of the amounts authorized to be appropriated by section 201, not more than a total of $1,300,000,000 may be obligated to procure services from the federally funded research and development centers named in the report required by subsection (b).

    (e) AUTHORITY TO WAIVE FUNDING LIMITATION- The Secretary of Defense may waive the limitation regarding the maximum funding amount that applies under subsection (a) to a federally funded research and development center. Whenever the Secretary proposes to make such a waiver, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of the proposed waiver and the reasons for the waiver. The waiver may then be made only after the end of the 60-day period that begins on the date on which the notice is submitted to those committees, unless the Secretary determines that it is essential to the national security that funds be obligated for work at that center in excess of that limitation before the end of such period and notifies the Committees on Armed Services of the Senate and House of Representatives of that determination and the reasons for the determination.

    (f) PARTICIPATION IN PROGRAMS PROMOTING RESEARCH, DEVELOPMENT, DEMONSTRATION, OR TRANSFER OF TECHNOLOGY- (1) A federally funded research and development center 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 research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program.

    (2) A federally funded research and development center described in paragraph (1) that responds to a solicitation or announcement described in such paragraph shall not be considered to be engaging in a competitive procedure and may use, among other authorities, cooperative research and development agreements provided for under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) as the instruments of participation in the solicitation or announcement.

    (g) STUDY OF ROLE OF FFRDCS IN THE MISSION OF THE DEPARTMENT OF DEFENSE- The Secretary of Defense shall require the Defense Science Board to conduct a study of the role of federally funded research and development centers in the mission of the Department of Defense. The study shall include an analysis of how the centers fit into the mission of the Department of Defense, which capabilities of the centers are unique and have national security consequences, and how these capabilities can be retained. The study also shall review the extent to which activities performed by such centers could be obtained through in-house capabilities of the Department of Defense or through competitive procedures with for-profit and nonprofit organizations. The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the study not later than May 1, 1995.

    (h) REVIEW BY DEFENSE INSPECTOR GENERAL OF COMPARISON OF EXECUTIVE COMPENSATION OF FFRDCS- (1) The Secretary of Defense shall require the Inspector General of the Department of Defense to conduct a review of the compensation paid by federally funded research and development centers to all the officers and employees of such centers who are paid at a rate exceeding the Executive Schedule Level I rate.

    (2) In conducting the review, the Inspector General shall--

      (A) assess the validity of the data submitted by federally funded research and development centers to the Defense Contract Audit Agency as justification for the salary rates that exceed the Executive Schedule Level I rate;

      (B) compare the compensation paid those individuals with (i) the compensation of similar technical and professional staff from for-profit and nonprofit organizations that must compete for defense work, and (ii) government officials of comparable expertise and responsibility; and

      (C) examine areas such as bonuses, medical benefits, severance packages, retirement plans, housing allowances, moving expenses, and other forms of nonsalary compensation, as appropriate.

    (3) The Inspector General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review not later than May 1, 1995.

    (i) LIMITATION REGARDING RATES OF COMPENSATION- (1) Funds available to the Department of Defense may not be paid to a federally funded research and development center unless the head of such center enters into an agreement with the Secretary of Defense that provides the following:

      (A) That no officer or employee of the federally funded research and development center referred to in paragraph (2) will be compensated in fiscal year 1995 at an annual rate of compensation that exceeds the annual rate of compensation provided that officer or employee in fiscal year 1994 (or, in the case of a person not employed as an officer or employee in such fiscal year, the annual rate of compensation provided for the person in the position of that officer or employee in fiscal year 1994).

      (B) That no such officer or employee will be paid a bonus or provided any other financial incentive in fiscal year 1995.

      (C) That no trustee of the federally funded research and development center will be paid compensation for services as trustee in fiscal year 1995 or any subsequent fiscal year at a rate that exceeds the rate of compensation provided in fiscal year 1994 for a member of the Defense Science Board for service as a member of such board.

    (2) Subparagraphs (A) and (B) of paragraph (1) apply to officers and employees of a federally funded research and development center who are compensated at an annual rate of compensation that exceeds the annual rate of pay provided for Executive Schedule level I under section 5312 of title 5, United States Code.

    (j) LIMITATION REGARDING CHARITABLE CONTRIBUTIONS- Funds available to the Department of Defense may not be paid to a federally funded research and development center unless the head of such center enters into an agreement with the Secretary of Defense not to make any charitable donation to a private institution, local government, institution of higher education, or any other person.

    (k) UNDISTRIBUTED REDUCTION- The total amount authorized to be appropriated for research, development, test, and evaluation in section 201 is hereby reduced by $52,650,000.

SEC. 218. DIGITAL BATTLEFIELD PROGRAM.

    (a) FUNDING- Of the amounts authorized to be appropriated by section 201, $95,857,000 shall be available for fiscal year 1995 for the digital battlefield program (PE 203758A).

    (b) PROGRAM LIMITATION- Not more than 60 percent 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) coordinates with the Secretary of the Navy to include the Marine Corps in the Army’s plans for the digital battlefield; and

      (2) 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 (1) is being carried out.

SEC. 219. DUAL-USE ELECTRIC AND HYBRID VEHICLES.

    (a) FUNDING- Of the funds authorized to be appropriated in this Act--

      (1) $15,000,000 shall be available for procurement of electric and hybrid vehicles for military uses and for commercialization of such vehicles for nonmilitary uses; and

      (2) $10,000,000 shall be available for research, development, test, and evaluation of electric and hybrid vehicles for military uses.

    (b) LIMITATION- (1) Funds made available pursuant to subsection (a) may not be expended until the Secretary of Defense, the Secretary of the Army, and the Secretary of Energy enter into a memorandum of understanding that specifies the responsibilities of each Secretary for research, development, test, evaluation, procurement, and commercialization activities to be carried out with such funds.

    (2) The memorandum generally, and specifically in the case of the commercialization of such vehicles for nonmilitary uses, shall provide that any procurement of electric and hybrid vehicles authorized in subsection (a) shall be in accordance with the provisions of the Energy Policy Act of 1992 (Public Law 102-486; 42 U.S.C. 13201 et seq.) and shall be consistent with the amendments made to the Clean Air Act (42 U.S.C. 7401 et seq.) by Public Law 101-549 (commonly known as the Clean Air Act Amendments of 1990; 104 Stat. 2399).

SEC. 220. TACTICAL ANTISATELLITE TECHNOLOGIES PROGRAM.

    (a) DEMONSTRATION AND VALIDATION ACTIVITIES- Subject to subsection (e), the Secretary of Defense shall continue the demonstration and validation of kinetic energy antisatellite technologies under the tactical antisatellite technologies program.

    (b) LEVEL FUNDING- Subject to subsection (e), of the amounts authorized to be appropriated in section 201 for the Army, $5,000,000 shall be available for fiscal year 1995 for engineering development under the tactical antisatellite technologies program.

    (c) REQUIREMENT OF OBLIGATION OF PRIOR YEAR FUNDS- To the extent provided in appropriations Acts, the Secretary shall obligate for engineering development under the tactical antisatellite technologies program all funds available for fiscal year 1993 and fiscal year 1994 for the Kinetic Energy Antisatellite (KE-ASAT) program that remain available for obligation on the date of the enactment of this Act.

    (d) REPORT- The Secretary shall submit to Congress the report required by section 1363 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2560).

    (e) LIMITATION- No funds appropriated to the Department of Defense for fiscal year 1995 may be obligated for the tactical antisatellite technologies program until the Secretary of Defense certifies to Congress that there is a requirement for an antisatellite program.

SEC. 221. LIMITATION ON DISMANTLEMENT OF INTERCONTINENTAL BALLISTIC MISSILES.

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

SEC. 222. LIMITATION ON OBLIGATION OF FUNDS FOR SEISMIC MONITORING RESEARCH.

    Funds authorized to be appropriated by this Act that are made available for seismic monitoring of nuclear explosions may not be obligated for a project unless the project is authorized in a plan approved by the review group established pursuant to Presidential Decision Directive 18 (dated December 20, 1993).

SEC. 223. SUPERCONDUCTING MAGNETIC ENERGY STORAGE PROJECT.

    (a) AVAILABILITY OF FUNDS- The authorization of appropriations for fiscal year 1993 for the Superconducting Magnetic Energy Storage Project (SMES) shall be effective until the funds appropriated for such project are expended. The purposes for which such funds may be expended under that authorization of appropriations are those that are authorized in section 218 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2352) and section 218 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1589).

    (b) TRANSFER DEADLINE- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall comply with the requirement to transfer funds set forth in section 218(b) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1589).

SEC. 224. DEPARTMENT OF DEFENSE SATELLITE COMMUNICATIONS.

    (a) MILSTAR PROGRAM- Of the amount authorized in section 201 for the MILSTAR satellite communications program, $20,000,000 is available either for advance procurement of MILSTAR satellites 5 and 6 or for the Advanced Extra High Frequency (EHF) program, as determined by the Secretary of Defense.

    (b) DEPARTMENT OF DEFENSE SATELLITE COMMUNICATIONS MASTER PLAN- (1) The Secretary of Defense shall develop a satellite communications master plan that addresses--

      (A) the projected military satellite communications requirements of the Department of Defense;

      (B) alternate and innovative ways of meeting those requirements (including greater reliance on the commercial sector); and

      (C) possible financial incentives 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.

    (2) The Secretary shall submit to Congress a report on the master plan developed under subsection (a) not later than April 30, 1995.

Subtitle C--Missile Defense Programs

SEC. 231. COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND COMPONENTS WITH ABM TREATY.

    (a) GENERAL LIMITATION- Funds appropriated to the Department of Defense for fiscal year 1995, or otherwise made available to the Department of Defense from any funds appropriated for fiscal year 1995 or for any fiscal year before 1995, may not be obligated or expended--

      (1) for any development or testing of anti-ballistic missile systems or components except for development and testing consistent with the interpretation of the ABM Treaty set forth in the enclosure to the July 13, 1993, ACDA letter; or

      (2) for the acquisition of any material or equipment (including long lead materials, components, piece parts, or test equipment, or any modified space launch vehicle) required or to be used for the development or testing of anti-ballistic missile systems or components, except for material or equipment required for development or testing consistent with the interpretation of the ABM Treaty set forth in the enclosure to the July 13, 1993, ACDA letter.

    (b) LIMITATION RELATING TO BRILLIANT EYES- Of the funds appropriated pursuant to the authorizations of appropriations in section 201 that are made available for the space-based, midcourse missile tracking system known as the Brilliant Eyes program, not more than $80,000,000 may be obligated until the Secretary of Defense submits to the appropriate congressional committees a report on the compliance of that program with the ABM Treaty, as determined under the compliance review conducted pursuant to subsection (c).

    (c) COMPLIANCE REVIEW FOR BRILLIANT EYES- The Secretary of Defense shall review the Brilliant Eyes program to determine whether, and under what conditions, the development, testing, and deployment of the Brilliant Eyes missile tracking system in conjunction with a theater ballistic missile defense system, with a limited national missile defense system, and with both such systems, would be in compliance with the ABM Treaty, including the interpretation of that treaty set forth in the enclosure to the July 13, 1993, ACDA letter.

    (d) COMPLIANCE REVIEW FOR NAVY UPPER TIER SYSTEM- (1) The Secretary of Defense shall review the theater ballistic missile program known as the Navy Upper Tier program to determine whether the development, testing, and deployment of the system being developed under that program would be in compliance with the ABM Treaty, including the interpretation of the Treaty set forth in the enclosure to the July 13, 1993, ACDA letter.

    (2) Of the funds made available to the Department of Defense for fiscal year 1995, not more than $40,000,000 may be obligated for the Navy Upper Tier program before the date on which the Secretary submits to the appropriate congressional committees a report on the compliance of that program with the ABM Treaty, as determined under the compliance review under paragraph (1).

    (e) DEFINITIONS- In this section:

      (1) The term ‘July 13, 1993, ACDA letter’ means the letter dated July 13, 1993, from the Acting Director of the Arms Control and Disarmament Agency to the chairman of the Committee on Foreign Relations of the Senate relating to the correct interpretation of the ABM Treaty and accompanied by an enclosure setting forth such interpretation.

      (2) The term ‘ABM Treaty’ means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missiles, signed in Moscow on May 26, 1972.

      (3) The term ‘appropriate congressional committees’ means--

        (A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and

        (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.

SEC. 232. MODIFICATIONS TO ANTI-BALLISTIC MISSILE TREATY TO BE ENTERED INTO ONLY THROUGH TREATY MAKING POWER.

    (a) REQUIREMENT FOR USE OF TREATY MAKING POWER- The United States shall not be bound by any international agreement entered into by the President that would substantively modify the ABM Treaty unless the agreement is entered pursuant to the treaty making power of the President under the Constitution.

    (b) ABM TREATY DEFINED- In this section, the term ‘ABM Treaty’ means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed in Moscow on May 26, 1972, with related protocol, signed in Moscow on July 3, 1974.

SEC. 233. REVISIONS TO THE MISSILE DEFENSE ACT OF 1991.

    The Missile Defense Act of 1991 (part C of title II of Public Law 102-190; 10 U.S.C. 2431 note) is amended--

      (1) by striking out sections 235, 236, and 237; and

      (2) in section 238, by inserting before the period at the end of the second sentence the following: ‘, and shall submit to the Congress additional interim reports on the progress of such negotiations at six-month intervals thereafter until such time as the President notifies the Congress that such negotiations have been concluded or terminated’.

SEC. 234. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.

    (a) LIMITATION- The Secretary of Defense may not conduct the launch of a target ballistic missile as part of the theater missile defense extended range test program if an anticipated result of the launch of that target 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 or an extension thereof in force as of July 1, 1994.

    (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.

    (d) EXPIRATION OF LIMITATION- The limitation in subsection (a) shall expire on the later of--

      (1) June 30, 1995; or

      (2) the end of the 30-day period beginning on the date of the publication by the Secretary of Defense of the Final Environmental Impact Statement on the Theater Missile Defense Extended Test Range.

SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE ORGANIZATION.

    In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 1995 (as submitted in the budget of the President), the amount requested for activities of the Ballistic Missile Defense Organization shall be set forth in accordance with the following program elements:

      (1) National Missile Defense.

      (2) Theater High-Altitude Area Defense (THAAD).

      (3) The Hawk Missile system.

      (4) Battle Management, Command, Control, Communications, and Intelligence (BM/C3I).

      (5) Patriot Advanced Capability-3 Missile System.

      (6) Patriot Advanced Capability-3 Missile risk reduction.

      (7) Navy Lower Tier Missile Defense.

      (8) Navy Upper Tier Missile Defense.

      (9) Army Corps Surface-to-Air Missile (CORPS SAM).

      (10) Boost Phase Intercept Program.

      (11) Other Theater Missile Defense Activities.

      (12) Support Technologies.

      (13) Program Management.

Subtitle D--Women’s Health Research

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

    (a) CONTINUATION OF PROGRAM- The Secretary of Defense shall continue the Defense Women’s Health Research Program established in 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 to serve as the coordinating agent for multi-disciplinary 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 continue to coordinate with research supported by other Federal agencies that is aimed at improving the health of women.

    (b) PARTICIPATION BY ALL MILITARY DEPARTMENTS- The Departments of the Army, Navy, and Air Force shall each participate in the activities under the program.

    (c) ARMY TO BE EXECUTIVE AGENT- The Secretary of Defense shall designate the Secretary of the Army to be the executive agent for administering the program.

    (d) 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.

    (e) PROGRAM ACTIVITIES- The program shall include the following activities regarding health risks and health care for women in the Armed Forces:

      (1) The coordination and support activities described in section 251 of Public Law 103-160.

      (2) Epidemiologic research regarding women deployed for military operations, including research on patterns of illness and injury, environmental and occupational hazards (including exposure to toxins), side-effects of pharmaceuticals used by women so deployed, psychological stress associated with military training, deployment, combat and other traumatic incidents, and other conditions of life, and human factor research regarding women so deployed.

      (3) Development of a data base to facilitate long-term research studies on issues related to the health of women in military service, and continued development and support of a women’s health information clearinghouse to serve as an information resource for clinical, research, and policy issues affecting women in the Armed Forces.

      (4) Research on policies and standards issues, including research supporting the development of military standards related to training, operations, deployment, and retention and the relationship between such activities and factors affecting women’s health.

      (5) Research on interventions having a potential for addressing conditions of military service that adversely affect the health of women in the Armed Forces.

    (f) FUNDING- Of the amount authorized to be appropriated pursuant to section 201, $40,000,000 shall be available for the Defense Women’s Health Research Program referred to in subsection (a).

Subtitle E--Other Matters

SEC. 251. REQUIREMENT FOR SUBMISSION OF ANNUAL REPORT OF THE SEMICONDUCTOR TECHNOLOGY COUNCIL TO CONGRESS.

    Section 273(b)(2)(I) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603(b)(2)(I)), as amended by section 263 of Public Law 103-160 (107 Stat. 1608) is amended by inserting ‘and submit to Congress by March 31 of each year’ after ‘Publish’.

SEC. 252. REPORT ON OCEANOGRAPHIC SURVEY AND RESEARCH REQUIREMENTS TO SUPPORT LITTORAL WARFARE.

    (a) REPORT REQUIRED- Not later than March 1, 1995, the Secretary of the Navy shall submit to Congress a report on the oceanographic survey and research and development requirements needed to support Navy operations in littoral regions.

    (b) CONTENT OF REPORT- The report shall contain the following:

      (1) An identification of unique properties, including acoustics, bathymetry, bottom type, and ocean dynamics that affect shallow water operations in littoral regions.

      (2) A list of the principal littoral regions that--

        (A) designates each region as high, medium, or low priority based on the probable need for Navy operations in such regions; and

        (B) for each region, is annotated to identify--

          (i) the date of the most recent detailed survey; and

          (ii) the extent to which that survey provides insight into the region’s properties identified pursuant to paragraph (1).

      (3) An assessment of the Navy’s current and projected access to each region for surveying purposes.

      (4) An assessment of the ability of current oceanographic survey and research assets to develop the information identified in paragraph (1).

SEC. 253. LANSCE/LAMPF UPGRADES.

    Of the amounts authorized to be appropriated by section 201(1), $20,000,000 shall be available to complete the Los Alamos Neutron Scattering Center/Los Alamos Meson Physics Facility upgrades at the Los Alamos National Laboratory, Los Alamos, New Mexico.

SEC. 254. STUDY REGARDING LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.

    (a) REQUIREMENT- The Secretary of Defense shall request the National Research Council of the National Academy of Sciences--

      (1) to conduct a study regarding the desirability of exercising the authority under subsection (c) of section 2366 of title 10, United States Code, to waive for the F-22 aircraft program the survivability tests required pursuant to subsection (a) of such section; and

      (2) to submit to the Secretary and Congress, within 180 days after the date of the enactment of this Act, a report containing the conclusions of the Council regarding the desirability of waiving such tests.

    (b) CONTENT OF REPORT- The report shall contain the following matters:

      (1) Conclusions regarding the practicality of full-scale, full-up testing for the F-22 aircraft program.

      (2) A discussion of the implications regarding the affordability of the F-22 aircraft program of conducting and of not conducting the survivability tests, including an assessment of the potential life cycle benefits that could be derived from full-scale, full-up live fire testing in comparison to the costs of such testing.

      (3) A discussion of what, if any, changes of circumstances affecting the F-22 aircraft program have occurred since completion of the milestone II program review to cause the program manager to request a waiver of the survivability tests for the F-22 aircraft program that was not requested at that time.

      (4) The sufficiency of the F-22 aircraft program testing plans to fulfill the same requirements and purposes as are provided in subsection (e)(3) of section 2366 of title 10, United States Code, for realistic survivability testing for purposes of subsection (a)(1)(A) of such section.

      (5) Any recommendations regarding survivability testing for the F-22 aircraft program that the Council considers appropriate on the basis of the study.

SEC. 255. UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM.

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

SEC. 256. MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.

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

‘Sec. 2525. Manufacturing science and technology program

    ‘(a) ESTABLISHMENT- The Secretary of Defense shall establish a Manufacturing Science and Technology Program to further the national security objectives of section 2501(a) of this title. The Under Secretary of Defense for Acquisition and Technology shall administer the program.

    ‘(b) PURPOSE- The purpose of the program is to enhance the capability of industry to meet the manufacturing needs of the Department of Defense.

    ‘(c) EXECUTION- The Secretary may carry out projects under the program through the Secretaries of the military departments and the heads of the Defense Agencies.

    ‘(d) COMPETITION AND COST SHARING- (1) Competitive procedures shall be used for awarding all grants and entering into all contracts, cooperative agreements, and other transactions under the program.

    ‘(2) A grant may not be awarded under the program, and a contract, cooperative agreement, or other transaction may not be entered into under the program, on any basis other than a cost-sharing basis unless the Secretary of Defense determines that the grant, contract, cooperative agreement, or other transaction, as the case may be, is for a program that--

      ‘(A) is not likely to have any immediate and direct commercial application; or

      ‘(B) is of sufficiently high risk to discourage cost sharing by non-Federal Government sources.’.

    (2) The item relating to section 2525 in the table of sections at the beginning of subchapter IV of chapter 148 of such title is amended to read as follows:

      ‘2525. Manufacturing Science and Technology Program.’.

    (b) FUNDING- Of the amounts appropriated pursuant to section 201, not more than $109,420,000 shall be available for the Manufacturing Science and Technology Program under section 2525 of title 10, United States Code (as amended by subsection (a)), of which--

      (1) not more than $29,420,000 shall be available for the Army;

      (2) not more than $20,000,000 shall be available for the Navy;

      (3) not more than $50,000,000 shall be available for the Air Force; and

      (4) not more than $10,000,000 shall be available for the Defense Logistics Agency.

SEC. 257. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    (a) PROGRAM REQUIRED- The Secretary of Defense, acting through the Director of Defense Research and Engineering, shall carry out a Defense Experimental Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense.

    (b) PROGRAM OBJECTIVES- The objectives of the program are as follows:

      (1) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is competitive under the peer-review systems used for awarding Federal research assistance.

      (2) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research.

    (c) PROGRAM ACTIVITIES- In order to achieve the program objectives, the following activities are authorized under the program:

      (1) Competitive award of research grants.

      (2) Competitive award of financial assistance for graduate students.

    (d) ELIGIBLE STATES- (1) The Director of the National Science Foundation shall designate which States are eligible States for the purposes of this section and shall notify the Director of Defense Research and Engineering of the States so designated.

    (2) The Director of the National Science Foundation shall designate a State as an eligible State if, as determined by the Director--

      (A) the institutional average amount of Federal financial assistance for research and development received by the institutions of higher education in the State for the fiscal year preceding the fiscal year for which the designation is effective, or for the last fiscal year for which statistics are available, is less than the amount equal to 60 percent of the national institutional average amount of Federal financial assistance for research and development received by the institutions of higher education in the United States for such preceding or last fiscal year, as the case may be;

      (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs at institutions of higher education in the State; and

      (C) the State is an eligible State for purposes of the Experimental Program to Stimulate Competitive Research conducted by the National Science Foundation.

    (e) COORDINATION WITH SIMILAR FEDERAL PROGRAMS- (1) The Secretary shall consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and shall coordinate the program with the Experimental Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government.

    (2) All solicitations under the Defense Experimental Program to Stimulate Competitive Research shall be made to, and all awards shall be made through, the State committees established for purposes of the Experimental Program to Stimulate Competitive Research conducted by the National Science Foundation.

    (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Experimental Program to Stimulate Competitive Research are coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research.

SEC. 258. STUDY ON CONVERGENCE OF GEOSAT AND EOS ALTIMETRY PROGRAMS.

    (a) REQUIREMENT- The Secretary of the Navy and the Administrator of the National Aeronautics and Space Administration shall jointly conduct a study on the convergence of the National Aeronautics and Space Administration Earth Observing System Altimetry mission with the Navy Geosat Follow-On program. The study shall assess whether a converged system, which may involve minor modifications to the Geosat Follow-On satellite, could--

      (1) satisfy the needs of the Earth Observing System program for altimetry data;

      (2) reduce the cost to the National Aeronautics and Space Administration of satisfying such needs;

      (3) be available in time to serve as the follow-on to the Topex/Poseidon mission; and

      (4) continue to meet the requirements of the Navy for altimetry data at no additional cost to the Navy.

    (b) CONSULTATION- In conducting the study, the Secretary and the Administrator shall consult with appropriate members of the scientific community.

    (c) REPORT- The Secretary and the Administrator shall submit to the Committees on Armed Services and on Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and on Science, Space, and Technology of the House of Representatives a joint report on the results of the study conducted under subsection (a), together with the recommendations of the Secretary and the Administrator thereon. The report shall be submitted not later than February 15, 1995.

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, $17,426,804,000.

      (2) For the Navy, $21,055,470,000.

      (3) For the Marine Corps, $2,066,295,000.

      (4) For the Air Force, $18,837,623,000.

      (5) For Defense-wide activities, $10,031,576,000.

      (6) For the Army Reserve, $1,238,822,000.

      (7) For the Naval Reserve, $827,819,000.

      (8) For the Marine Corps Reserve, $81,462,000.

      (9) For the Air Force Reserve, $1,464,932,000.

      (10) For the Army National Guard, $2,398,415,000.

      (11) For the Air National Guard, $2,771,678,000.

      (12) For the National Board for the Promotion of Rifle Practice, $2,544,000.

      (13) For the Defense Inspector General, $140,798,000.

      (14) For the United States Court of Appeals for the Armed Forces, $6,126,000.

      (15) For Environmental Restoration, Defense, $2,030,200,000.

      (16) For Drug Interdiction and Counter-drug Activities, Defense-wide, $714,200,000.

      (17) For Medical Programs, Defense, $9,854,459,000.

      (18) For Project Peace, $15,000,000.

      (19) For Cooperative Threat Reduction programs, $400,000,000.

      (20) For Overseas Humanitarian, Disaster, and Civic Aid programs, $86,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 1995 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:

      (1) For the Defense Business Operations Fund, $1,239,438,000.

      (2) For the National Defense Sealift Fund, $828,600,000, of which $220,000,000 shall be available for the Marine Corps maritime prepositioning ship enhancement program.

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.

    Of amounts authorized to be appropriated for fiscal year 1995 under section 301, there shall be available for the performance of depot-level maintenance and repair work by depot-level activities of the Department of Defense the amount that is equal to the sum of--

      (1) the total amount provided in the budget submitted to Congress by the President for fiscal year 1995 pursuant to section 1105 of title 31, United States Code, for the Department of Defense for the performance of depot-level maintenance and repair work; and

      (2) $305,000,000, of which--

        (A) $140,000,000 shall be available for the Army;

        (B) $40,000,000 shall be available for the Navy;

        (C) $75,000,000 shall be available for the Air Force; and

        (D) $50,000,000 shall be available for the Marine Corps.

SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.

    Section 306(c) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1335) is amended by inserting ‘, and for fiscal year 1995 the sum of $10,000,000,’ after ‘for fiscal year 1992 the sum of $2,000,000’.

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

(a) AUTHORITY TO PROVIDE SUPPORT- The Secretary of Defense may provide logistical support and personnel services in connection with the 1995 Special Olympics World Games to be held in the State of Connecticut.

(b) PAY AND NONTRAVEL-RELATED ALLOWANCES- (1) Except as provided in paragraph (2), the costs for pay and nontravel-related allowances of members of the Armed Forces for the support and services referred to in subsection (a) may not be charged to appropriations made pursuant to the authorization in subsection (c).

(2) Paragraph (1) does not apply in the case of members of a reserve component called or ordered to active duty to provide logistical support and personnel services for the 1995 Special Olympics World Games.

(c) AUTHORIZATION OF APPROPRIATIONS- There is hereby authorized to be appropriated for the Department of Defense for fiscal year 1995 the sum of $3,000,000 to carry out subsection (a).

Subtitle B--Defense Business Operations Fund

SEC. 311. 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) 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 Fund if the Secretary determines that such source offers a more competitive rate for the goods and services than the Fund offers.

    (c) LIMITATION ON INCLUSION OF CERTAIN COSTS IN DBOF CHARGES- A charge imposed for a good or service provided through the Fund may not include amounts necessary to cover costs incurred in connection with the closure or realignment of a military installation.

    (d) PROCEDURES FOR ACCUMULATION OF FUNDS- The Secretary of Defense shall establish billing procedures to ensure that the balance in the Fund does not exceed the amount necessary to provide for the working capital requirements of the Fund, as determined by the Secretary.

    (e) ANNUAL REPORTS AND BUDGET- The Secretary of Defense shall annually submit to the congressional defense committees, at the same time that the President submits the budget under section 1105 of title 31, United States Code, the following:

      (1) A detailed report that contains a statement of all receipts and disbursements of the Fund (including such a statement for each subaccount of the Fund) for the year for which the report is submitted.

      (2) A detailed proposed budget for the operation of the Fund for the fiscal year for which the budget is submitted.

      (3) A comparison of the amounts actually expended for the operation of the Fund for the previous fiscal year with the amount proposed for the operation of the Fund for that fiscal year in the budget.

    (f) IMPLEMENTATION OF IMPROVEMENT PLAN- (1) Not later than February 1, 1995, the Secretary of Defense shall submit to the congressional defense committees a report on the progress made in implementing the Defense Business Operations Fund Improvement Plan, dated September 1993. The report shall describe the progress made in reaching the milestones established in the plan and provide an explanation for any failure to meet any such milestone. The Secretary shall submit a copy of the report to the Comptroller General of the United States at the same time that the Secretary submits the report to the congressional defense committees.

    (2) The Comptroller General shall monitor and evaluate the progress of the Department of Defense in developing and implementing the improvement plan referred to in paragraph (1).

    (3) Not later than March 1, 1995, the Comptroller General shall submit to the congressional defense committees a report containing the following:

      (A) An evaluation of the progress report submitted to the congressional defense committees by the Secretary of Defense pursuant to paragraph (1).

      (B) The findings and conclusions of the Comptroller General resulting from the monitoring and evaluation conducted under paragraph (2).

      (C) Any recommendations for legislation or administrative action concerning the Fund that the Comptroller General considers appropriate.

    (g) DEFINITION- In this section, the term ‘Fund’ means the Defense Business Operations Fund.

SEC. 312. 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 proposed by the Secretary of Defense to be imposed for fiscal year 1996 for goods and services provided by the Defense Business Operations Fund, including related service charges and charges for overhead costs.

    (b) DETERMINATION REQUIRED- In conducting the review, the Comptroller General shall--

      (1) compare the charges imposed for the provision of goods and services to the military departments and Defense Agencies with the charges imposed for the provision of goods and services to persons outside the Department of Defense; and

      (2) determine the extent to which differences in such charges result in the military departments and Defense Agencies having a cost advantage or a cost disadvantage in relation to the persons outside the Department of Defense.

    (c) REPORT- Not later than April 15, 1995, the Comptroller General shall submit to Congress a report on the results of the review conducted under subsection (a). The report shall contain the comparison and determination required by subsection (b) and any recommendations of the Comptroller General for legislation or administrative action.

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

    The Secretary of Defense may not incur obligations against funds in the capital asset subaccount of the Defense Business Operations Fund during fiscal year 1995 in a total amount in excess of $1,440,000,000.

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

    (a) LIMITATION- (1) The Secretary of Defense may not incur obligations against the supply management divisions of the Defense Business Operations Fund during fiscal year 1995 in a total amount in excess of 65 percent of the total amount derived from sales from such divisions during that fiscal year.

    (2) For purposes of determining the amount of obligations incurred against, and sales from, such divisions during fiscal year 1995, the Secretary shall exclude obligations and sales for fuel, commissary and subsistence items, retail operations, repair of equipment and spare parts in support of repair, direct vendor deliveries, foreign military sales, initial outfitting requiring equipment furnished by the Federal Government, and the cost of operations.

    (b) WAIVER AUTHORITY- The Secretary of Defense may waive the limitation in subsection (a) if the Secretary determines that such waiver is necessary in order to maintain the readiness and combat effectiveness of the Armed Forces. The Secretary shall immediately notify Congress of any such waiver and the reasons for such waiver.

    (c) DETERMINATIONS OF EFFECTS OF LIMITATION ON READINESS AND COMBAT EFFECTIVENESS- Not later than 60 days after the date of the enactment of this Act, the Secretaries of the military departments and the Director of the Defense Logistics Agency shall each submit to the Secretary of Defense a report containing the views of such official on the effects of the limitation in subsection (a) on the ability of the Department of Defense to maintain the readiness and combat effectiveness of the Armed Forces. If the Secretary of Defense determines, after considering the reports, that the limitation will impair the readiness and combat effectiveness of any of the Armed Forces, the Secretary shall exercise the waiver authority provided in subsection (b).

Subtitle C--Environmental Provisions

SEC. 321. LIMITATION ON USE OF ENVIRONMENTAL RESTORATION FUNDS FOR PAYMENT OF FINES AND PENALTIES.

    Section 2703 of title 10, United States Code, is amended by adding at the end the following new subsection:

    ‘(f) PAYMENT OF FINES AND PENALTIES- None of the funds appropriated to the transfer account for fiscal years 1995 through 1999 may be used for the payment of a fine or penalty imposed against the Department of Defense unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the transfer account.’.

SEC. 322. PARTICIPATION OF INDIAN TRIBES IN AGREEMENTS FOR DEFENSE ENVIRONMENTAL RESTORATION.

    Section 2701(d) of title 10, United States Code, is amended--

      (1) by striking out ‘SERVICE OF OTHER AGENCIES- The Secretary’ and inserting in lieu thereof the following: ‘SERVICE OF OTHER AGENCIES-

      ‘(1) IN GENERAL- The Secretary’;

      (2) in paragraph (1), as so designated, by inserting ‘or any Indian tribe’ after ‘any State or local government agency’; and

      (3) by adding at the end the following:

      ‘(2) DEFINITION- In this subsection, the term ‘Indian tribe’ has the meaning given such term in section 101(36) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(36)).’.

SEC. 323. EXTENSION OF AUTHORITY TO ISSUE SURETY BONDS FOR CERTAIN ENVIRONMENTAL PROGRAMS.

    Section 2701(j)(1) of title 10, United States Code, is amended by striking out ‘December 31, 1995’ and inserting in lieu thereof ‘December 31, 1999’.

SEC. 324. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES.

    The Secretary of Defense may pay, from funds appropriated pursuant to section 301(15), not more than $500,000 to the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 (26 U.S.C. 9507) as payment of stipulated civil penalties assessed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) against the West Virginia Ordnance Works.

SEC. 325. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS AT MILITARY INSTALLATIONS.

    Section 2692(b) of title 10, United States Code, is amended--

      (1) by striking out ‘and’ at the end of paragraph (7);

      (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(9) the treatment and disposal of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated by a private person in connection with the authorized and compatible commercial use by that person of an industrial-type facility of that military department and the Secretary enters into a contract with that person that--

        ‘(A) is consistent with the best interest of national defense and environmental security; and

        ‘(B) provides for that person’s continued financial and environmental responsibility and liability with regard to the material.’.

SEC. 326. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL RESTORATION ACTIVITIES.

    (a) ESTABLISHMENT OF RESTORATION ADVISORY BOARDS- Section 2705 of title 10, United States Code, is amended by adding at the end the following new subsection:

    ‘(d) RESTORATION ADVISORY BOARD- (1) In lieu of establishing a technical review committee under subsection (c), the Secretary may permit the establishment of a restoration advisory board in connection with any installation (or group of nearby installations) where the Secretary is planning or implementing environmental restoration activities.

    ‘(2) The Secretary shall prescribe regulations regarding the characteristics, composition, funding, and establishment of restoration advisory boards pursuant to this subsection. However, the issuance of regulations shall not be a precondition to the establishment of a restoration advisory board or affect the existence or operation of a restoration advisory board established before the date of the enactment of this section.

    ‘(3) The Secretary may provide for the payment of routine administrative expenses of a restoration advisory board from funds available for the operation and maintenance of the installation (or installations) for which the board is established or from the funds available under subsection (e)(3).’.

    (b) ASSISTANCE FOR CITIZEN PARTICIPATION ON TECHNICAL REVIEW BOARDS AND RESTORATION ADVISORY BOARDS- Such section is further amended by adding after subsection (d), as added by subsection (a), the following new subsection:

    ‘(e) ASSISTANCE FOR CITIZEN PARTICIPATION- (1) Using funds made available under paragraph (3), the Secretary may make technical assistance grants under section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)) in connection with installations containing facilities listed on the National Priorities List.

    ‘(2)(A) Subject to subparagraph (B), the Secretary shall make available under paragraph (3) funds to facilitate the participation of individuals from the private sector on technical review committees and restoration advisory boards at installations not covered by paragraph (1) for the purpose of ensuring public input into the planning and implementation of environmental restoration activities at the installations for which such committees and boards are in operation.

    ‘(B) The private individuals who are members of a committee or advisory board are eligible for funding assistance under this paragraph only if they reside in the vicinity of the installation (or installations) for which the committee or advisory board is established and are not potentially responsible parties with respect to environmental hazards at any installation. Funds shall be paid to, and administered by, the committee or advisory board on which the private individuals are members for accounting and financial management purposes, subject to subparagraph (C).

    ‘(C) Individuals who are local community members of a technical review committee or restoration advisory board may use funds made available under this paragraph only--

      ‘(i) to obtain technical assistance in interpreting scientific and engineering issues with regard to the nature of environmental hazards at an installation and the restoration activities proposed for or conducted at the installation; and

      ‘(ii) to assist such members and affected citizens to participate more effectively in environmental restoration activities at the installation.

    ‘(D) The members of a technical review committee or restoration advisory board may use funds made available under this paragraph to employ technical or other experts, in accordance with the regulations prescribed under subsection (d)(2).

    ‘(3)(A) Subject to subparagraph (B), the Secretary shall make funds available under this subsection using funds in the following accounts:

      ‘(i) In the case of a military installation not closed pursuant to a base closure law, the Defense Environmental Restoration Account established in section 2703(a) of this title.

      ‘(ii) In the case of a technical review committee or restoration advisory board established for a military installation to be closed, the Department of Defense Base Closure Account 1990 established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

    ‘(B) The total amount of funds available under this subsection for fiscal year 1995 may not exceed $7,500,000.’.

    (c) INVOLVEMENT OF COMMITTEES AND BOARDS IN DEFENSE ENVIRONMENTAL RESTORATION PROGRAM- Such section is further amended by adding after subsection (e), as added by subsection (b), the following new subsection:

    ‘(f) INVOLVEMENT IN DEFENSE ENVIRONMENTAL RESTORATION PROGRAM- If a technical review committee or restoration advisory board is established with respect to an installation (or group of installations), the Secretary shall consult with and seek the advice of the committee or board on the following issues:

      ‘(1) Identifying environmental restoration activities and projects at the installation or installations.

      ‘(2) Monitoring progress on these activities and projects.

      ‘(3) Collecting information regarding restoration priorities for the installation or installations.

      ‘(4) Addressing land use, level of restoration, acceptable risk, and waste management and technology development issues related to environmental restoration at the installation or installations.

      ‘(5) Developing environmental restoration strategies for the installation or installations.’.

    (d) IMPLEMENTATION REQUIREMENTS- Not later than 180 days after the date on which the Secretary of Defense announces a decision to establish restoration advisory boards, the Secretary shall--

      (1) prescribe the regulations required under subsection (d)(2) of section 2705 of title 10, United States Code, as added by subsection (a); and

      (2) take appropriate actions to notify the public of the availability of funding under subsection (e) of such section, as added by subsection (b).

    (e) REPORT- Not later than May 1, 1996, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding--

      (1) the establishment of restoration advisory boards under subsection (d) of section 2705 of title 10, United States Code, as added by subsection (a); and

      (2) the expenditure of funds for assistance for citizen participation on technical review committees and restoration advisory boards under subsection (e) of such section, as added by subsection (b).

SEC. 327. PILOT PROGRAM TO DEVELOP AND DEMONSTRATE ENVIRONMENTAL REMEDIATION TECHNOLOGIES.

    (a) COOPERATIVE AGREEMENT FOR PILOT PROGRAM- (1) The Secretary of Defense may enter into a cooperative agreement with an institution of higher education for the purpose of facilitating the development and demonstration of new methods and technologies for more effective and expedient environmental remediation at military installations by engaging in a pilot demonstration project as provided in subsection (b).

    (2) If the Secretary enters into a cooperative agreement under paragraph (1), the agreement shall authorize the institution of higher education to enter into partnerships or other relationships with private and public entities for purposes of conducting activities under the cooperative agreement.

    (b) PILOT PROJECT AT DEFENSE LANDFILL- (1) If the Secretary enters into a cooperative agreement under subsection (a)(1), the agreement shall authorize the institution of higher education to participate in a cooperative pilot demonstration project at a Government landfill described in paragraph (2) if such demonstration project can be carried out in a manner that is consistent with all other actions at such landfill that the Secretary is legally required to undertake.

    (2) The Government landfill referred to in paragraph (1) is a Government landfill that--

      (A) is listed on the National Priorities List pursuant to section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)); and

      (B) is located on a military installation to be closed pursuant to a base closure law.

    (c) FUNDING FOR FISCAL YEAR 1995- Of the amount authorized to be appropriated under section 201(4) and made available for innovative environmental technologies certification, $1,000,000 shall be available for the establishment of the cooperative agreement and the activities necessary to conduct the pilot demonstration project under this section.

SEC. 328. 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) IDENTIFICATION OF MILITARY FACILITIES WITH ENVIRONMENTAL TRAINING EXPERTISE- As part of the program, the Secretary may identify military facilities that have existing expertise (or the capacity to develop such expertise) in conducting education and training activities in various environmental disciplines. In the case of a military facility identified under this subsection, the Secretary should encourage the use of the facility by members and employees referred to in subsection (a) who are not under the jurisdiction of the military department operating the facility.

SEC. 329. STUDY OF ESTABLISHMENT OF LAND MANAGEMENT AND TRAINING CENTER.

    (a) STUDY- The Secretary of the Army shall carry out a study of the feasibility and advisability of establishing a center for the land management activities and land management training activities of the Department of Defense.

    (b) REPORT- Not later than May 1, 1996, the Secretary shall submit to the congressional defense committees a report on the study required under subsection (a). If the Secretary concludes as a result of the study that establishing the center is feasible and advisable, the report shall include a statement of the Secretary’s recommendations for the location of the center and the specific activities to be conducted at the center.

Subtitle D--Depot-Level Activities

SEC. 331. FINDINGS.

    Congress makes the following findings:

      (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) It is appropriate for 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 to be based on policies that take into consideration the readiness, mobilization, and deployment requirements of the military departments.

      (3) It is appropriate for the management of employees of the depot-level maintenance and repair activities of the Department of Defense to be based on the amount of workload necessary to be performed by such activities to maintain the readiness of the weapon systems and equipment of the military departments and on the funds made available for the performance of such workload.

SEC. 332. 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) REPORT- Subsection (e) of such section is amended to read as follows:

    ‘(e) REPORT- Not later than January 15, 1995, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of funds referred to in subsection (a) that was used during fiscal year 1994 to contract for the performance by non-Federal Government personnel of depot-level maintenance and repair workload.’.

SEC. 333. REPORT ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR OF NEW WEAPON SYSTEMS.

    (a) REPORT- Not later than April 1, 1995, the Secretary of Defense shall submit to Congress a report that contains a statement by each Secretary of a military department on the plans of that military department to provide for the depot-level maintenance and repair of any new weapon system described in subsection (b) by depot-level activities of the Department of Defense.

    (b) COVERED WEAPON SYSTEMS- A new weapon system referred to in subsection (a) is a weapon system--

      (1) initially delivered to the military department by a contractor on, or within 4 years before, the date of the enactment of this Act; or

      (2) planned for initial delivery to the military department by a contractor on, or within 5 years after, such date.

SEC. 334. REVIEW OF COST GROWTH IN CONTRACTS TO PERFORM DEPOT-LEVEL MAINTENANCE AND REPAIR.

    (a) REVIEW- The Secretary of Defense shall carry out a review of a representative sample of existing contracts entered into by the Department of Defense for the performance of depot-level maintenance and repair to determine the extent to which the costs incurred by a contractor under any such contract have exceeded the cost of the contract at the time the contract was entered into.

    (b) REPORT- Not later than May 1, 1995, 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 review carried out under subsection (a).

SEC. 335. 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, is amended by adding at the end the following new section:

‘Sec. 2470. 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:

      ‘2470. Depot-level activities of the Department of Defense: authority to compete for maintenance and repair workloads of other Federal agencies.’.

SEC. 336. AUTHORITY OF DEPOTS TO PROVIDE SERVICES OUTSIDE THE DEPARTMENT OF DEFENSE.

    (a) IN GENERAL- Chapter 146 of title 10, United States Code, as amended by section 335, is further amended by adding at the end the following new section:

‘Sec. 2471. 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.

    ‘(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 gross 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 during a war or national emergency.

    ‘(c) CREDIT TO TREASURY- Any reimbursement (including the payment of rental costs) received under this section shall be credited to the Treasury as miscellaneous receipts.’.

    (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. Persons outside the Department of Defense: lease of excess depot-level equipment and facilities by.’.

SEC. 337. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL ACTIVITIES.

    (a) PROGRAM AUTHORIZED- The Secretary of Defense shall conduct activities to encourage commercial firms to enter into partnerships with depot-level activities of the military departments for the purposes of--

      (1) demonstrating commercial uses of the depot-level activities that are related to the principal mission of the depot-level activities;

      (2) preserving employment and skills of employees currently employed by the 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 the depot-level activities to remain in operation to continue to perform their defense readiness mission.

    (b) CONDITIONS- The Secretary shall ensure that activities conducted under this section--

      (1) do not interfere with the closure or realignment of a depot-level activity of the military departments under a base closure law; and

      (2) do not adversely affect the readiness or primary mission of a participating depot-level activity.

SEC. 338. CHANGE OF SOURCE FOR PERFORMANCE OF DEPOT-LEVEL WORKLOADS.

    The text of section 2469 of title 10, United States Code, is amended to read as follows:

    ‘(a) REQUIREMENT FOR COMPETITION- The Secretary of Defense shall ensure that the performance of a depot-level maintenance or repair workload described in subsection (b) is not changed to performance by a contractor or by another depot-level activity of the Department of Defense unless the change is made using--

      ‘(1) merit-based selection procedures for competitions among all depot-level activities of the Department of Defense; or

      ‘(2) competitive procedures for competitions among private and public sector entities.

    ‘(b) SCOPE- Subsection (a) applies to any depot-level maintenance or repair workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense.

    ‘(c) INAPPLICABILITY OF OMB CIRCULAR A-76- Office of Management and Budget Circular A-76 (or any successor administrative regulation or policy) does not apply to a performance change to which subsection (a) applies.’.

SEC. 339. SALE OF ARTICLES AND SERVICES OF INDUSTRIAL FACILITIES OF THE ARMED FORCES TO PERSONS OUTSIDE THE DEPARTMENT OF DEFENSE.

    (a) IN GENERAL- (1) Subchapter II of chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2553. Articles and services of industrial facilities: sale to persons outside the Department of Defense

    ‘(a) AUTHORITY TO SELL OUTSIDE DOD- (1) The Secretary of Defense may sell in accordance with this section to a person outside the Department of Defense articles and services referred to in paragraph (2) that are not available from any United States commercial source.

    ‘(2)(A) Except as provided in subparagraph (B), articles and services referred to in paragraph (1) are articles and services that are manufactured or performed by any working-capital funded industrial facility of the armed forces.

    ‘(B) The authority in this section does not apply to sales of articles and services by a working-capital funded Army industrial facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms, ammunition, munitions, or components thereof, which are governed by regulations required by section 4543 of this title.

    ‘(b) DESIGNATION OF PARTICIPATING INDUSTRIAL FACILITIES- The Secretary may designate facilities referred to in subsection (a) as the facilities from which articles and services manufactured or performed by such facilities may be sold under this section.

    ‘(c) CONDITIONS FOR SALES- A sale of articles or services may be made under this section only if--

      ‘(1) the Secretary of Defense determines that the articles or services are not available from a commercial source in the United States;

      ‘(2) the purchaser agrees to hold harmless and indemnify the United States, except in any case of willful misconduct or gross negligence, from any claim for damages or injury to any person or property arising out of the articles or services;

      ‘(3) the articles or services can be substantially manufactured or performed by the industrial facility concerned with only incidental subcontracting;

      ‘(4) it is in the public interest to manufacture the articles or perform the services;

      ‘(5) the Secretary determines that the sale of the articles or services will not interfere with the military mission of the industrial facility concerned; and

      ‘(6) the sale of the goods and services is made on the basis that it will not interfere with performance of work by the industrial facility concerned for the Department of Defense.

    ‘(d) METHODS OF SALE- (1) The Secretary shall permit a purchaser of articles or services under this section to use advance incremental funding to pay for the articles or services.

    ‘(2) In the sale of articles and services under this section, the Secretary shall--

      ‘(A) charge the purchaser, at a minimum, the variable costs, capital improvement costs, and equipment depreciation costs that are associated with the articles or services sold;

      ‘(B) enter into a firm, fixed-price contract or, if agreed by the purchaser, a cost reimbursement contract for the sale; and

      ‘(C) develop and maintain (from sources other than appropriated funds) working capital to be available for paying design costs, planning costs, procurement costs, and other costs associated with the articles or services sold.

    ‘(e) DEPOSIT OF PROCEEDS- Proceeds from sales of articles and services under this section shall be credited to the funds, including working capital funds and operation and maintenance funds, incurring the costs of manufacture or performance.

    ‘(f) RELATIONSHIP TO ARMS EXPORT CONTROL ACT- Nothing in this section shall be construed to affect the application of the export controls provided for in section 38 of the Arms Export Control Act (22 U.S.C. 2778) to items which incorporate or are produced through the use of an article sold under this section.

    ‘(g) DEFINITIONS- In this section:

      ‘(1) The term ‘advance incremental funding’, with respect to a sale of articles or services, means a series of partial payments for the articles or services that includes--

        ‘(A) one or more partial payments before the commencement of work or the incurring of costs in connection with the manufacture of the articles or the performance of the services, as the case may be; and

        ‘(B) subsequent progress payments that result in full payment being completed as the required work is being completed.

      ‘(2) The term ‘variable costs’, with respect to sales of articles or services, means the costs that are expected to fluctuate directly with the volume of sales and--

        ‘(A) in the case of articles, the volume of production necessary to satisfy the sales orders; or

        ‘(B) in the case of services, the extent of the services sold.’.

    (2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

      ‘2553. Articles and services of industrial facilities: sale to persons outside the Department of Defense.’.

    (b) EFFECTIVE DATE- Section 2553 of title 10, United States Code, as added by subsection (a), shall take effect on April 1, 1995.

Subtitle E--Civilian Employees

SEC. 341. EXTENSION OF CERTAIN TRANSITION ASSISTANCE AUTHORITIES.

    (a) REDUCTION-IN-FORCE NOTIFICATION REQUIREMENTS- Section 4433(b)(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 106 Stat. 2722; 5 U.S.C. 3502 note) is amended by striking out ‘February 1, 1998’ and inserting in lieu thereof ‘February 1, 2000’.

    (b) SEPARATION PAY- (1) Section 5597(e) of title 5, United States Code, is amended by striking out ‘September 30, 1997’ and inserting in lieu thereof ‘September 30, 1999’.

    (2) Section 4436(d)(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is amended by striking out ‘January 1, 1998’ and inserting in lieu thereof ‘January 1, 2000’.

    (c) RESTORATION OF CERTAIN LEAVE- Section 6304(d)(3) of title 5, United States Code, is amended by striking out ‘the closure of an installation’ and inserting in lieu thereof ‘the closure of an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) during any period, and the closure of any other installation’.

    (d) CONTINUED HEALTH BENEFITS- Section 8905a(d)(4)(B) of title 5, United States Code, is amended--

      (1) by striking out ‘October 1, 1997’ each place it appears and inserting in lieu thereof ‘October 1, 1999’; and

      (2) in clause (ii), by striking out ‘February 1, 1998,’ and inserting in lieu thereof ‘February 1, 2000,’.

SEC. 342. EXTENSION AND EXPANSION OF AUTHORITY TO CONDUCT PERSONNEL DEMONSTRATION PROJECTS.

    (a) CHINA LAKE DEMONSTRATION PROJECT- (1) Section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98-224; 98 Stat. 49) is amended by striking out ‘until September 30, 1995,’.

    (2) In the event of a reorganization of the organization carrying out the personnel demonstration project referred to in section 6 of such Act, such section shall apply with respect to the successor to that organization.

    (b) DEFENSE LABORATORIES PERSONNEL DEMONSTRATION PROJECTS- (1) The Secretary of Defense may, with the approval of the Director of the Office of Personnel Management, carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories.

    (2)(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project.

    (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California.

    (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5, United States Code, shall apply to the demonstration project, except that--

      (A) subsection (d) of such section 4703 shall not apply to the demonstration project; and

      (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703.

SEC. 343. LIMITATION ON PAYMENT OF SEVERANCE PAY TO CERTAIN EMPLOYEES TRANSFERRING TO EMPLOYMENT POSITIONS IN NONAPPROPRIATED FUND INSTRUMENTALITIES.

    (a) IN GENERAL- Section 5595 of title 5, United States Code, is amended by adding at the end the following:

    ‘(h)(1) Severance pay under this section may not be paid to--

      ‘(A) a person described in paragraph (4)(A) during any period in which the person is employed in a defense nonappropriated fund instrumentality; or

      ‘(B) a person described in paragraph (4)(B) during any period in which the person is employed in a Coast Guard nonappropriated fund instrumentality.

    ‘(2)(A) Except as provided in subparagraph (B), payment of severance pay to a person referred to in paragraph (1) may be resumed upon any involuntary separation of the person from the position of employment in a nonappropriated fund instrumentality, not by removal for cause on charges of misconduct, delinquency, or inefficiency.

    ‘(B) Payment of severance pay may not be resumed under subparagraph (A) in the case of a person who, upon separation, is entitled to immediate payment of retired or retainer pay as a member or former member of the uniformed services or to an immediate annuity under--

      ‘(i) a retirement system for persons retiring from employment by a nonappropriated fund instrumentality;

      ‘(ii) subchapter III of chapter 83 of this title;

      ‘(iii) subchapter II of chapter 84 of this title; or

      ‘(iv) any other retirement system of the Federal Government for persons retiring from employment with the Federal Government.

    ‘(3) Upon resumption of payment of severance pay under paragraph (2)(A) in the case of a person separated as described in such paragraph, the amount of the severance pay so payable for a period shall be reduced (but not below zero) by the portion (if any) of the amount of any severance pay payable for such period to the person by the nonappropriated fund instrumentality that is attributable to credit for service taken into account under subsection (c) in the computation of the amount of the severance pay so resumed.

    ‘(4) Paragraph (1) applies to a person who, on or after January 1, 1987, moves without a break in service--

      ‘(A) from employment in the Department of Defense that is not employment in a defense nonappropriated fund instrumentality to employment in a defense nonappropriated fund instrumentality; or

      ‘(B) from employment in the Coast Guard that is not employment in a Coast Guard nonappropriated fund instrumentality to employment in a Coast Guard nonappropriated fund instrumentality.

    ‘(5) The Secretary of Defense, in consultation with the Secretary of Transportation, shall prescribe regulations to carry out this subsection.

    ‘(6) In this subsection:

      ‘(A) The term ‘defense nonappropriated fund instrumentality’ means a nonappropriated fund instrumentality of the Department of Defense.

      ‘(B) The term ‘Coast Guard nonappropriated fund instrumentality’ means a nonappropriated fund instrumentality of the Coast Guard.

      ‘(C) The term ‘nonappropriated fund instrumentality’ means a nonappropriated fund instrumentality described in section 2105(c) of this title.’.

    (b) APPLICABILITY- Subsection (h) of section 5595 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods that begin on or after the date of the enactment of this Act.

SEC. 344. RETIREMENT CREDIT FOR CERTAIN SERVICE IN NONAPPROPRIATED FUND INSTRUMENTALITIES BEFORE JANUARY 1, 1987.

    (a) STUDY REQUIRED- The Secretary of Defense, in consultation with the Director of the Office of Personnel Management, shall conduct a study to determine the level of interest among employees referred to in subsection (b) in obtaining credit under the Civil Service Retirement System or the Federal Employees’ Retirement System for former service described in such subsection as an employee of a nonappropriated fund instrumentality of the United States.

    (b) EMPLOYEES CONCERNED- The employees referred to in subsection (a) are employees of the Department of Defense who, for at least 12 months during the period beginning on January 1, 1966, and ending on December 31, 1986, performed service as an employee described in section 2105(c) of title 5, United States Code, conducting a program described in section 8332(b)(16)(A) of such title.

    (c) CONDUCT OF STUDY- In carrying out the study under subsection (a), the Secretary shall--

      (1) provide an opportunity for all employees referred to in that subsection to express interest in obtaining retirement credit for the former service in a nonappropriated fund instrumentality of the United States; and

      (2) inform such employees that deposits to the Civil Service Retirement and Disability Fund would be required of the interested employees under section 8334(c) of title 5, United States Code, or section 8411(f) of such title.

    (d) REPORT- Not later than February 1, 1995, the Secretary shall submit to Congress a report on the results of the study required by subsection (a). The report shall contain the following:

      (1) An analysis of the issues, including existing legal rights of the employees referred to in subsection (b) under the Civil Service Retirement System or the Federal Employees’ Retirement System.

      (2) A description of the inequities, if any, that may have been caused by conversion from employment by nonappropriated fund instrumentalities of the United States to employment by the Department of Defense.

      (3) The number of full-time and part-time employees referred to in subsection (b) who are affected by any inequities described in paragraph (2).

      (4) The recommendations of the Secretary, if any, for redressing any inequities described in paragraph (2).

      (5) An assessment of the cost to the Federal Government of any recommendation referred to in paragraph (4).

SEC. 345. TRAVEL, TRANSPORTATION, AND RELOCATION EXPENSES OF EMPLOYEES TRANSFERRING TO THE UNITED STATES POSTAL SERVICE.

    (a) IN GENERAL- (1) Subchapter II of chapter 57 of title 5, United States Code, is amended by adding at the end the following:

‘Sec. 5735. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service

    ‘(a) IN GENERAL- Notwithstanding any other provision of law, employees of the Department of Defense described in subsection (b) may be authorized travel, transportation, and relocation expenses and allowances in connection with appointments referred to in such subsection under the same conditions and to the same extent authorized by this subchapter for transferred employees.

    ‘(b) COVERED EMPLOYEES- Subsection (a) applies to any employee of the Department of Defense who--

      ‘(1) is scheduled for separation from the Department, other than for cause;

      ‘(2) is selected for appointment to a continuing position with the United States Postal Service; and

      ‘(3) accepts the appointment.’.

    (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 5734 the following new item:

      ‘5735. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service.’.

    (b) APPLICABILITY- The amendments made by subsection (a) shall apply to persons separated from employment with the Department of Defense on or after the date of the enactment of this Act.

SEC. 346. FOREIGN EMPLOYEES COVERED BY THE FOREIGN NATIONAL EMPLOYEES SEPARATION PAY ACCOUNT.

    Section 1581 of title 10, United States Code, is amended--

      (1) by striking out ‘foreign national employees of the Department of Defense’ each place it appears in subsections (a) and (b) and inserting in lieu thereof ‘foreign nationals referred to in subsection (e)’; and

      (2) by striking out subsection (e) and inserting in lieu thereof the following:

    ‘(e) EMPLOYEES COVERED- This section applies only with respect to separation pay of foreign nationals employed by the Department of Defense, and foreign nationals employed by a foreign government for the benefit of the Department of Defense, under any of the following agreements that provide for payment of separation pay:

      ‘(1) A contract.

      ‘(2) A treaty.

      ‘(3) A memorandum of understanding with a foreign nation.’.

SEC. 347. REPORT ON CONVERSION OF CERTAIN POSITIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE EMPLOYEES.

    (a) FINDINGS- Congress makes the following findings:

      (1) In order to ensure an optimum level of availability of members of the Armed Forces for assignment to combat units, it is the policy of the Department of Defense to assign employees of the Department of Defense to replace military personnel in Department of Defense positions to which assignment of military personnel can no longer be justified under current circumstances.

      (2) Assignment of employees of the Department of Defense to such positions can provide valuable continuity for the performance of many missions of the Department while enhancing the readiness and military capability of the Armed Forces.

      (3) During the Persian Gulf War, employees of the Department of Defense, employees of other Federal agencies, and employees of civilian contractors, by their distinguished service in the theater of operations, demonstrated the valuable contributions that civilian personnel can make to the performance of Department of Defense functions.

      (4) The performance of Department of Defense functions by employees of the Department is often less costly than the performance of those functions by military personnel.

      (5) The percentage of certain support positions that are filled by employees of the Department of Defense varies significantly among the military departments.

      (6) The Secretary of Defense is reviewing the extent to which employees of the Department of Defense should replace military personnel in Department of Defense positions.

    (b) REQUIREMENT FOR REPORT- Not later than April 30, 1995, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the efforts of the Secretary--

      (1) to identify positions in the Department of Defense to which continued assignment of military personnel is no longer justified under current circumstances; and

      (2) to assign employees of the Department of Defense to replace military personnel in those positions.

    (c) CONTENT OF REPORT- The report required by subsection (b) shall contain the following:

      (1) The number of positions identified by the Secretary, including the positions in which employees of the Department of Defense have replaced military personnel and the positions to which employees of the Department of Defense are planned to be assigned to replace military personnel.

      (2) The cost of carrying out the planned changes in assignments.

      (3) A discussion of the effects of such changes on workforce restructuring plans of the Department.

      (4) A discussion of the efforts of the Secretary to encourage within the Department of Defense the assignment of employees of the Department to replace military personnel.

      (5) An explanation of the justifications for maintaining variances in excess of 20 percent among the military departments in the percentage of support positions common to two or more military departments that are filled by employees of the Department of Defense rather than military personnel.

SEC. 348. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM.

    (a) AUTHORITY- The Secretary of Defense may establish a pilot program for the payment of incentives in accordance with this section to facilitate the reemployment of eligible employees of the Department of Defense whose employment with the Department is being terminated by reason of the closure or realignment of the military installations where such persons are employed. Under the pilot program, the Secretary may pay retraining and relocation incentives to encourage non-Federal employers to hire and retain such employees.

    (b) ELIGIBLE EMPLOYEES- For purposes of this section, an eligible employee is an employee of the Department of Defense, serving under an appointment without time limitation, who has been employed by the Department of Defense for a continuous period of at least 12 months and who has been given notice of separation pursuant to a reduction in force, except that such term does not include--

      (1) 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;

      (2) an employee who, upon separation from Federal service, is eligible for an immediate annuity under subchapter III of chapter 83 of title 5, United States Code, or subchapter II of chapter 84 of such title; or

      (3) an employee who is eligible for disability retirement under any of the retirement systems referred to in paragraph (1).

    (c) RETRAINING INCENTIVE- (1) Under the pilot program, the Secretary may enter into an agreement with a non-Federal employer under which the non-Federal employer agrees--

      (A) to employ a person referred to in subsection (a) for at least 12 months for a salary which is mutually agreeable to the employer and such person; and

      (B) to certify to the Secretary the cost incurred by the employer for any necessary training provided to such person in connection with the employment by that employer.

    (2) The Secretary shall pay a retraining incentive to the non-Federal employer upon the employee’s completion of 12 months of continuous employment by that employer. Subject to subsection (f), the Secretary shall prescribe the amount of the incentive.

    (3) The Secretary shall pay a prorated amount of the full retraining incentive to the non-Federal employer for an employee who does not remain employed by the non-Federal employer for at least 12 months.

    (4) In no event may the amount of the retraining incentive paid for the training of any one person under the pilot program exceed the amount certified for that person under paragraph (1).

    (d) RELOCATION INCENTIVE- The Secretary may pay a relocation incentive to an eligible employee if it is necessary for the employee to relocate in order to commence employment with a non-Federal employer under the pilot program. Subject to subsection (f), the amount of the incentive shall be equal to the total amount authorized to be paid for travel, transportation, and subsistence expenses under subchapter II of chapter 57 of title 5, United States Code, including the reimbursements authorized under section 5724b of such title, to a Federal employee being transferred between the same locations as the person paid the incentive.

    (e) APPROVAL OF SECRETARY OF DEFENSE- The Secretary of a military department or the head of a Defense Agency may offer an incentive under the pilot program with the prior approval of the Secretary of Defense or pursuant to a delegation of authority by the Secretary of Defense.

    (f) LIMITATION- The total amount of incentives paid in the case of a person under the pilot program may not exceed $10,000.

    (g) DURATION- No incentive may be paid under the pilot program for training or relocations commenced after September 30, 1999.

    (h) DEFINITIONS- In this section:

      (1) The term ‘non-Federal employer’ means an employer that is not an Executive agency, as defined in section 105 of title 5, United States Code, or the legislative or judicial branch of the Federal Government.

      (2) The term ‘Defense Agency’ has the meaning given such term in section 101(a)(11) of title 10, United States Code.

SEC. 349. 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) PROGRESS REPORT- Not later than March 15, 1995, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress made by the Secretary in implementing subsection (a).

Subtitle F--Department of Defense Domestic and Overseas Dependents’ Schools

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

    (a) CONTINUED AUTHORITY- Chapter 108 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2164. Department of Defense domestic dependent elementary and secondary schools

    ‘(a) AUTHORITY OF SECRETARY- If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees. The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to enroll in an educational program provided by the Secretary pursuant to this subsection.

    ‘(b) FACTORS FOR SECRETARY TO CONSIDER- (1) Factors to be considered by the Secretary of Defense in making a determination under subsection (a) shall include the following:

      ‘(A) The extent to which such dependents are eligible for free public education in the local area adjacent to the military installation.

      ‘(B) The extent to which the local educational agency is able to provide an appropriate educational program for such dependents.

    ‘(2) For purposes of paragraph (1)(B), an appropriate educational program is a program that, as determined by the Secretary, is comparable to a program of free public education provided for children by the following local educational agencies:

      ‘(A) In the case of a military installation located in a State (other than an installation referred to in subparagraph (B)), local educational agencies in the State that are similar to the local educational agency referred to in paragraph (1)(B).

      ‘(B) In the case of a military installation with boundaries contiguous to two or more States, local educational agencies in the contiguous States that are similar to the local educational agency referred to in paragraph (1)(B).

      ‘(C) In the case of a military installation located in a territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered appropriate for the purposes of paragraph (1)(B) only if the program is conducted in the English language.

    ‘(c) ELIGIBILITY OF DEPENDENTS OF FEDERAL EMPLOYEES- (1) A dependent of a Federal employee residing in permanent living quarters on a military installation at any time during the school year may enroll in an educational program provided by the Secretary of Defense pursuant to subsection (a) for dependents residing on such installation.

    ‘(2)(A) Except as provided in subparagraphs (B) and (C), a dependent of a Federal employee who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) and who is not residing on a military installation may be enrolled in the program for not more than five consecutive school years.

    ‘(B) A dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the Secretary determines that, in the interest of the dependent’s educational well-being, there is good cause to extend the enrollment for more than the five-year period described in such subparagraph. Any such extension may be made for only one school year at a time.

    ‘(C) Subparagraph (A) shall not apply to an individual who is a dependent of a Federal employee in the excepted service (as defined in section 2103 of title 5) and who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands.

    ‘(3) A dependent of a Federal employee may continue enrollment in a program under this subsection for the remainder of a school year notwithstanding a change during such school year in the status of the Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The preceding sentence does not limit the authority of the Secretary to remove the dependent from enrollment in the program at any time for good cause determined by the Secretary.

    ‘(d) SCHOOL BOARDS- (1) The Secretary of Defense shall provide for the establishment of a school board for Department of Defense elementary and secondary schools established at each military installation under this section.

    ‘(2) The school board shall be composed of the number of members, not fewer than three, prescribed by the Secretary.

    ‘(3) The parents of the students attending the school shall elect the school board in accordance with procedures which the Secretary shall prescribe.

    ‘(4)(A) A school board elected for a school under this subsection may participate in the development and oversight of fiscal, personnel, and educational policies, procedures, and programs for the school, except that the Secretary may issue any directive that the Secretary considers necessary for the effective operation of the school or the entire school system.

    ‘(B) A directive referred to in subparagraph (A) shall, to the maximum extent practicable, be issued only after the Secretary consults with the 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 the directive to the Secretary of Defense.

    ‘(5) Meetings conducted by the school board shall be open to the public, except as provided in paragraph (6).

    ‘(6) A school board need not comply with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), but may close meetings in accordance with such Act.

    ‘(e) ADMINISTRATION AND STAFF- (1) The Secretary of Defense may enter into such arrangements as may be necessary to provide educational programs at the school.

    ‘(2) The Secretary may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees--

      ‘(A) establish positions for civilian employees in schools established under this section;

      ‘(B) appoint individuals to such positions; and

      ‘(C) fix the compensation of such individuals for service in such positions.

    ‘(3)(A) Except as provided in subparagraph (B), in fixing the compensation of employees appointed for a school pursuant to paragraph (2), the Secretary shall consider--

      ‘(i) the compensation of comparable employees of the local educational agency in the capital of the State where the military installation is located;

      ‘(ii) the compensation of comparable employees in the local educational agency that provides public education to students who reside adjacent to the military installation; and

      ‘(iii) the average compensation for similar positions in not more than three other local educational agencies in the State in which the military installation is located.

    ‘(B) In fixing the compensation of employees in schools established in the territories, commonwealths, and possessions pursuant to the authority of this section, the Secretary shall determine the level of compensation required to attract qualified employees. For employees in such schools, the Secretary, without regard to the provisions of title 5, may provide for the tenure, leave, hours of work, and other incidents of employment to be similar to that provided for comparable positions in the public schools of the District of Columbia. For purposes of the first sentence, a school established before the effective date of this section pursuant to authority similar to the authority in this section shall be considered to have been established pursuant to the authority of this section.

    ‘(f) SUBSTANTIVE AND PROCEDURAL RIGHTS AND PROTECTIONS FOR CHILDREN- (1) The Secretary shall provide the following substantive rights, protections, and procedural safeguards (including due process procedures) in the educational programs provided for under this section:

      ‘(A) In the case of children with disabilities aged 3 to 5, inclusive, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities aged 3 to 5, inclusive, under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).

      ‘(B) In the case of infants and toddlers with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to infants and toddlers with disabilities under part H of such Act (20 U.S.C. 1471 et seq.).

      ‘(C) In the case of all other children with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities who are 3 to 5 years old under part B of such Act.

    ‘(2) Paragraph (1) may not be construed as diminishing for children with disabilities enrolled in day educational programs provided for under this section the extent of substantive rights, protections, and procedural safeguards that were available under section 6(a) of Public Law 81-874 (20 U.S.C. 241(a)) to children with disabilities as of October 7, 1991.

    ‘(3) In this subsection:

      ‘(A) The term ‘children with disabilities’ has the meaning given the term in section 602(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(1)).

      ‘(B) The term ‘children with disabilities aged 3 to 5, inclusive’ means such term as used in such Act (20 U.S.C. 1400 et seq.).

      ‘(C) The term ‘infants and toddlers with disabilities’ has the meaning given the term in section 672(1) of such Act (20 U.S.C. 1472(1)).

    ‘(g) REIMBURSEMENT- When the Secretary of Defense provides educational services under this section to an individual who is a dependent of an employee of a Federal agency outside the Department of Defense, the head of the other Federal agency shall, upon request of the Secretary of Defense, reimburse the Secretary for those services at rates routinely prescribed by the Secretary for those services. Any payments received by the Secretary under this subsection shall be credited to the account designated by the Secretary for the operation of educational programs under this section.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘2164. Department of Defense domestic dependent elementary and secondary schools.’.

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

SEC. 352. REPORT ON CALCULATION AND RECOVERY OF TUITION COSTS OF CERTAIN STUDENTS ENROLLED IN SCHOOLS OF THE DEFENSE DEPENDENTS’ EDUCATION SYSTEM.

    (a) REPORT- Not later than March 31, 1995, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives and the Committee on Education and Labor of the House of Representatives a report on the calculation and application of the tuition rate required to be determined under section 1404(b) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923(b)).

    (b) CONTENTS OF REPORT- The report required by subsection (a) shall contain the following:

      (1) A description of--

        (A) the costs included in the tuition rate;

        (B) the method by which the tuition rate is determined; and

        (C) the method by which any increase in the tuition rate is determined.

      (2) An analysis of--

        (A) the variation in the cost of providing educational services in the defense dependents’ education system in different geographic locations; and

        (B) the extent to which the imposition of a uniform tuition rate enables the system to receive adequate funds to defray the cost of providing educational services to tuition-paying students.

      (3) Recommendations of the Secretary with respect to improvements that may be made in the determination and application of the tuition rate.

SEC. 353. 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 AMENDMENTS- (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.’.

SEC. 354. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

    (a) AVAILABILITY OF FUNDS- Of the amounts authorized to be appropriated in section 301(5)--

      (1) $50,000,000 shall be available for providing educational agencies assistance (as defined in subsection (c)(1)) to local educational agencies; and

      (2) $8,000,000 shall be available for making educational agencies payments (as defined in subsection (c)(2)) to local educational agencies.

    (b) NOTIFICATION AND DISBURSAL- (1) Not later than June 30, 1995--

      (A) the Secretary of Defense shall notify each local educational agency that is eligible for educational agencies assistance for fiscal year 1995 of that agency’s eligibility for such assistance and the amount of such assistance for which that agency is eligible; and

      (B) the Secretary of Education shall notify each local educational agency that is eligible for an educational agencies payment for fiscal year 1995 of that agency’s eligibility for such payment and the amount of the payment for which that agency is eligible.

    (2) The Secretary of Defense (with respect to funds made available under subsection (a)(1)) and the Secretary of Education (with respect to funds made available under subsection (a)(2)) shall disburse such funds not later than 30 days after the date on which notification to the eligible local education agencies is provided pursuant to paragraph (1).

    (c) DEFINITIONS- For purposes of this section:

      (1) The term ‘educational agencies assistance’ means assistance authorized under subsection (b) of section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2395; 20 U.S.C. 238 note).

      (2) The term ‘educational agencies payments’ means payments authorized under subsection (d) of that section.

Subtitle G--Reviews, Studies, and Reports

SEC. 361. REPORTS ON TRANSFERS OF CERTAIN OPERATION AND MAINTENANCE FUNDS.

    (a) ANNUAL REPORTS- In each of 1995, 1996, and 1997, the Secretary of Defense shall submit to the congressional defense committees, not later than the date on which the President submits the budget pursuant to section 1105 of title 31, United States Code, in that year, a report on the following:

      (1) Each transfer of amounts provided in an appropriation Act to the Department of Defense for the activities referred to in subsection (c) between appropriations during the preceding fiscal year, including the reason for the transfer.

      (2) Each transfer of amounts provided in an appropriation Act to the Department of Defense for an activity referred to in subsection (c) within that appropriation for any other such activity during the preceding fiscal year, including the reason for the transfer.

    (b) MIDYEAR REPORTS- On May 1 of each of 1995, 1996, and 1997, the Secretary of Defense shall submit to the congressional defense committees a report on the following:

      (1) 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 subsection (c) between appropriations, including the reason for the transfer.

      (2) 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 subsection (c) within that appropriation for any other such activity, including the reason for the transfer.

    (c) COVERED ACTIVITIES- The activities referred to in subsections (a) and (b) are the following:

      (1) Activities for which amounts are appropriated for the Army for operation and maintenance for operating forces for (A) combat units, (B) tactical support, (C) force-related training/special activities, (D) depot maintenance, and (E) JCS exercises.

      (2) Activities for which amounts are appropriated for the Navy for operation and maintenance for operating forces for (A) mission and other flight operations, (B) mission and other ship operations, (C) fleet air training, (D) ship operational support and training, (E) aircraft depot maintenance, and (F) ship depot maintenance.

      (3) Activities for which amounts are appropriated for the Air Force for operation and maintenance for operating forces for (A) primary combat forces, (B) primary combat weapons, (C) global and early warning, (D) air operations training, (E) depot maintenance, and (F) JCS exercises.

    (d) REPEAL- Section 377 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1638) is hereby repealed.

SEC. 362. REVIEW AND REPORT ON USE OF OPERATION AND MAINTENANCE FUNDS BY THE DEPARTMENT OF DEFENSE.

    (a) REVIEW- The Secretary of Defense shall review all operation and maintenance accounts of the Department of Defense to determine the extent to which funds appropriated to those 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 shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the review conducted under subsection (a).

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

    (a) IN GENERAL- (1) Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2410l. Contracts for advisory and assistance services: cost comparison studies

    ‘(a) REQUIREMENT- (1)(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.

    ‘(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.

    ‘(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.

    ‘(b) WAIVER- The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘2410l. Contracts for advisory and assistance services: cost comparison studies.’.

    (b) PROCEDURES FOR CONDUCT OF STUDIES- The Secretary of Defense shall prescribe the following procedures:

      (1) Procedures for carrying out a cost comparison study under subsection (a)(2) of section 2410l of title 10, United States Code, as added by subsection (a), which may contain a requirement that the cost comparison study include consideration of factors that are not related to cost, including the quality of the service required to be performed, the availability of Department of Defense personnel, the duration and recurring nature of the services to be performed, and the consistency of the workload.

      (2) Procedures for reviewing contracts entered into after a waiver under subsection (b) of such section to determine whether the contract is justified and sufficiently documented.

    (c) EFFECTIVE DATE- Section 2410l of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act.

SEC. 364. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH IN CERTAIN CONTRACTS.

    (a) REVIEW- The Inspector General of the Department of Defense shall carry out a review of a representative sample of existing contracts for the performance of commercial activities which resulted from a cost comparison study conducted by the Department of Defense under Office of Management and Budget Circular A-76 (or any successor administrative regulation or policy) to determine the extent to which the cost incurred by a contractor under any such contract has exceeded the cost of the contract at the time the contract was entered into.

    (b) REPORT- Not later than April 1, 1995, the Inspector General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of the review carried out under subsection (a).

Subtitle H--Other Matters

SEC. 371. ARMED FORCES RETIREMENT HOME.

    (a) INCREASED MAXIMUM LIMITATION ON DEDUCTIONS FROM PAY- Section 1007(i)(1) of title 37, United States Code, is amended by striking out ‘50 cents’ and inserting in lieu thereof ‘$1.00’.

    (b) MODIFICATION OF FEES PAID BY RESIDENTS- (1) Paragraph (2) of section 1514(c) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 414(c)) is amended to read as follows:

    ‘(2) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident, subject to such adjustments in the fee as the Retirement Home Board may make under paragraph (1). The percentage shall be the same for each establishment of the Retirement Home.’.

    (2)(A) Subsections (d) and (e) of section 1514 of such Act are repealed.

    (B) Such section is further amended by adding after subsection (c) the following new subsection (d):

    ‘(d) APPLICATION OF FEES- Subject to such adjustments in the fee as the Retirement Home Board may make under subsection (c), each resident of the Retirement Home shall be required to pay a monthly fee equal to the amount determined by multiplying the total amount of all monthly income and monthly payments (including Federal payments) received by the resident by a percentage as follows:

      ‘(1) In the case of a permanent health care resident--

        ‘(A) in fiscal year 1998, 35 percent;

        ‘(B) in fiscal year 1999, 45 percent; and

        ‘(C) in fiscal year 2000, 65 percent.

      ‘(2) In the case of a resident who is not a permanent health care resident--

        ‘(A) in fiscal year 1998, 30 percent;

        ‘(B) in fiscal year 1999, 35 percent; and

        ‘(C) in fiscal year 2000, 40 percent.’.

    (c) MODERNIZATION OF FACILITIES- (1) The Chairman of the Armed Forces Retirement Home Board shall carry out a study to identify and evaluate alternatives for modernization of the facilities at the United States Soldiers’ and Airmen’s Home.

    (2) The Chairman shall submit an interim report and a final report on the results of the study to the Committees on Armed Services of the Senate and House of Representatives. The Chairman shall submit the interim report not later than April 1, 1995, and the final report not later than December 31, 1995.

    (d) EFFECTIVE DATES- (1) The amendment made by subsection (a) shall take effect on January 1, 1995, and apply to years that begin on or after that date.

    (2) The amendments made by subsection (b) shall take effect on October 1, 1997.

SEC. 372. LIMITATION ON USE OF APPROPRIATED FUNDS FOR OPERATION OF ARMED FORCES RECREATION CENTER, EUROPE.

    (a) LIMITATION- Subchapter I of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2247. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation

    ‘(a) LIMITATION- Except as provided in subsection (b), funds appropriated to the Department of Defense may not be used to operate the Armed Forces Recreation Center, Europe.

    ‘(b) EXCEPTION- Subsection (a) does not apply to the use of funds for the payment of utilities, real property maintenance, and transportation of products made in the United States.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

      ‘2247. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation.’.

SEC. 373. 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 cash 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. 374. SHIPS’ STORES.

    (a) EXTENSION OF DEADLINE FOR CONVERSION- Section 371(a) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1634; 10 U.S.C. 7604 note) is amended by striking out ‘October 1, 1994’ and inserting in lieu thereof ‘December 31, 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. 375. 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. 376. DISPOSITION OF PROCEEDS FROM OPERATION OF THE NAVAL ACADEMY LAUNDRY.

    Section 6971 of title 10, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking out ‘(a)’; and

        (B) in the first sentence, by striking out ‘and the Academy dairy’ and inserting in lieu thereof ‘the Academy dairy, and the Academy laundry’; and

      (2) by striking out subsection (b).

SEC. 377. 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 such 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.

    (d) LIMITATION ON COLOR AND FORMAT- The Secretary shall ensure that the color and format in which a military identification card is issued under subsection (a) is not similar to the color and format in which a military identification card is issued by the Department of Defense to individuals other than members described in subsection (b).

SEC. 378. REPEAL OF ANNUAL LIMITATION ON EXPENDITURES FOR EMERGENCY AND EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF DEFENSE INSPECTOR GENERAL.

    Section 127(c) of title 10, United States Code, is amended--

      (1) by striking out ‘(1)’ after ‘(c)’; and

      (2) by striking out paragraph (2).

SEC. 379. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF DEFENSE PROPERTY TO EDUCATIONAL INSTITUTIONS AND TRAINING SCHOOLS.

    (a) AUTHORITY TO TRANSFER- Subparagraph (G) of section 2535(b)(1) of title 10, United States Code, is amended to read as follows:

      ‘(G) notwithstanding title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and any other provision of law, authorize the transfer to a nonprofit educational institution or training school, on a nonreimbursable basis, of any such property already in the possession of such institution or school whenever the program proposed by such institution or school for the use of such property is in the public interest.’.

    (b) TREATMENT OF PROPERTY LOANED BEFORE DECEMBER 31, 1993- Except for property determined by the Secretary of Defense to be needed by the Department of Defense, property loaned before December 31, 1993, to an educational institution or training school under section 2535(b) of title 10, United States Code, or section 4(a)(7) of the Defense Industrial Reserve Act (as in effect before October 23, 1992) shall be regarded as surplus property. Upon certification by the Secretary to the Administrator of General Services that the property is being used by the borrowing educational institution or training school for a purpose consistent with that for which the property was loaned, the Administrator may authorize the conveyance of all right, title, and interest of the United States in such property to the borrower if the borrower agrees to accept the property. The Administrator may require any additional terms and conditions in connection with a conveyance so authorized that the Administrator considers appropriate to protect the interests of the United States.

SEC. 380. OPERATION OF OVERSEAS FACILITIES OF THE DEPARTMENT OF DEFENSE BY UNITED STATES FIRMS.

    (a) SENSE OF CONGRESS- It is the sense of Congress that, to the maximum extent practicable, the Secretary of Defense should give a preference to United States firms in the award of contracts to operate Department of Defense facilities not in the United States that provide goods and services to members of the Armed Forces and the dependents of such members.

    (b) DEFINITION- In this section, the term ‘United States firm’ has the meaning given such term in section 2532(d)(1) of title 10, United States Code.

SEC. 381. REQUIREMENTS FOR AUTOMATED INFORMATION SYSTEMS OF THE DEPARTMENT OF DEFENSE.

    (a) DETERMINATION REQUIRED- (1) Not later than March 15 in each of 1995, 1996, and 1997, the Secretary of Defense shall--

      (A) determine whether each automated information system described in paragraph (2) meets the requirements set forth in subsection (b); and

      (B) take appropriate action to end the modernization or development by the Department of Defense of any such system that the Secretary determines does not meet such requirements.

    (2) An automated information system referred to in paragraph (1) is an automated information system--

      (A) that is undergoing modernization or development by the Department of Defense;

      (B) that exceeds $50,000,000 in value; and

      (C) that is not a migration system, as determined by the Enterprise Integration Executive Board of the Department of Defense.

    (b) REQUIREMENTS- The use of an automated information system by the Department of Defense shall--

      (1) contribute to the achievement of Department of Defense strategies for the use of automated information systems;

      (2) as determined by the Secretary, provide an acceptable benefit from the investment in the system or make a substantial contribution to the performance of the defense mission for which the system is used;

      (3) comply with Department of Defense directives applicable to life cycle management of automated information systems; and

      (4) be based on guidance developed under subsection (c).

    (c) GUIDANCE FOR USE- The Secretary of Defense shall develop guidance for the use of automated information systems by the Department of Defense. In developing the guidance, the Secretary shall consider the following:

      (1) Directives of the Office of Management and Budget applicable to returns of investment for such systems.

      (2) A sound, functional economic analysis.

      (3) Established objectives for the Department of Defense information infrastructure.

      (4) Migratory assessment criteria, including criteria under guidance provided by the Defense Information Systems Agency.

    (d) WAIVER- (1) The Secretary of Defense may waive the requirements of subsection (a) for an automated information system if the Secretary determines that the purpose for which the system is being modernized or developed is of compelling military importance.

    (2) If the Secretary exercises the waiver authority provided in paragraph (1), the Secretary shall include the following in the next report required by subsection (f):

      (A) The reasons for the failure of the automated information system to meet all of the requirements of subsection (b).

      (B) A determination of whether the system is expected to meet such requirements in the future, and if so, the date by which the system is expected to meet the requirements.

    (e) PERFORMANCE MEASURES AND MANAGEMENT CONTROLS- (1) The Secretary of Defense shall establish performance measures and management controls for the supervision and management of the activities described in paragraph (2). The performance measures and management controls shall be adequate to ensure, to the maximum extent practicable, that the Department of Defense receives the maximum benefit possible from the development, modernization, operation, and maintenance of automated information systems.

    (2) The activities referred to in paragraph (1) are the following:

      (A) Accelerated implementation of migration systems.

      (B) Establishment of data standards.

      (C) Process improvement.

    (f) REPORTS- Not later than March 15 in each of 1995, 1996, and 1997, the Secretary of Defense shall submit to Congress a report on the establishment and implementation of the performance measures and management controls referred to in subsection (e)(1). Each such report shall also specify--

      (1) the automated information systems that, as determined under subsection (a), meet the requirements of subsection (b);

      (2) the automated information systems that, as determined under subsection (a), do not meet the requirements of subsection (b) and the action taken by the Secretary to end the use of such systems; and

      (3) the automated information systems that, as determined by the Enterprise Integration Executive Board, are migration systems.

    (g) REVIEW BY COMPTROLLER GENERAL- Not later than April 30, 1995, the Comptroller General of the United States shall submit to Congress a report that contains an evaluation of the following:

      (1) The progress made by the Department of Defense in achieving the goals of the corporate information management program of the Department.

      (2) The progress made by the Secretary of Defense in establishing the performance measures and management controls referred to in subsection (e)(1).

      (3) The progress made by the Department of Defense in using automated information systems that meet the requirements of subsection (b).

      (4) The report required by subsection (f) to be submitted in 1995.

    (h) DEFINITIONS- In this section:

      (1) The term ‘automated information system’ means an automated information system of the Department of Defense described in the exhibits designated as ‘IT-43’ in the budget submitted to Congress by the President for fiscal year 1995 pursuant to section 1105 of title 31, United States Code.

      (2) The term ‘migration system’ has the meaning given such term in the document entitled ‘Department of Defense Strategy for Acceleration of Migration Systems and Data Standards’ attached to the memorandum of the Department of Defense dated October 13, 1993 (relating to accelerated implementation of migration systems, data standards, and process improvement).

SEC. 382. 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; 113 U.S.C. note) is amended by striking out ‘1995’ in subsections (a) and (b) and inserting in lieu thereof ‘1996’.

    (b) REPORT- (1) Not later than March 31, 1995, the Executive Director of the 50th Anniversary of World War II Commemoration Committee established by the Department of Defense shall submit to the Secretary of Defense a report on the reimbursement of a person for expenses incurred by that person in providing voluntary support for activities and programs conducted under the commemoration program referred to in section 378(a) of such Act. The report shall include the recommendations of the Committee on whether such reimbursement is appropriate, and if so, the extent of the reimbursement and the conditions upon which it should be provided.

    (2) Not later than 45 days after receiving the report referred to in paragraph (1), the Secretary of Defense shall submit the report to the Committees on Armed Services of the Senate and House of Representatives together with any comments of the Secretary regarding that report.

SEC. 383. ASSISTANCE TO RED CROSS FOR EMERGENCY COMMUNICATIONS SERVICES FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.

    (a) ASSISTANCE- The following amounts shall be available for obtaining emergency communications services for members of the Armed Forces and their families from the American National Red Cross:

      (1) For fiscal year 1995, $14,500,000 of the amount authorized to be appropriated in section 301(5).

      (2) For each of fiscal years 1996 and 1997, $14,500,000 of the amount authorized to be appropriated for the Department of Defense for that fiscal year for operation and maintenance for Defense-wide activities.

    (b) REPORT- Not later than November 30 in each of 1994, 1995, and 1996, the Secretary of Defense shall submit to Congress a report on whether it is necessary for the Department of Defense to support the emergency communications services of the American National Red Cross in order to provide such services for members of the Armed Forces and their families. The report shall include the following:

      (1) An estimate of the amount of funds necessary to provide such support.

      (2) A projection of the date upon which the American National Red Cross can assume full financial responsibility for providing such emergency communications services.

      (3) An assessment of the alternatives available to the Secretary for obtaining such emergency communications services, including the provision of such services by the Department of Defense.

SEC. 384. CLARIFICATION OF AUTHORITY TO PROVIDE MEDICAL TRANSPORTATION UNDER NATIONAL GUARD PILOT PROGRAM.

    Paragraph (1) of section 376(h) of the National Defense Authorization Act for Fiscal Year 1993 (32 U.S.C. 501 note) is amended to read as follows:

      ‘(1) The term ‘health care’ includes the following services:

        ‘(A) Medical care services.

        ‘(B) Dental care services.

        ‘(C) Transportation, by air ambulance or other means, for medical reasons.’.

SEC. 385. NATIONAL GUARD ASSISTANCE FOR CERTAIN YOUTH AND CHARITABLE ORGANIZATIONS.

    (a) AUTHORITY TO PROVIDE ASSISTANCE- Chapter 5 of title 32, United States Code, is amended by adding at the end the following:

‘Sec. 508. Assistance for certain youth and charitable organizations

    ‘(a) AUTHORITY TO PROVIDE SERVICES- Members and units of the National Guard may provide the services described in subsection (b) to an eligible organization in conjunction with training required under this chapter in any case in which--

      ‘(1) the provision of such services does not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit;

      ‘(2) the services to be provided are not commercially available, or any commercial entity that would otherwise provide such services has approved, in writing, the provision of such services by the National Guard;

      ‘(3) National Guard personnel will enhance their military skills as a result of providing such services; and

      ‘(4) the provision of the services will not result in a significant increase in the cost of the training.

    ‘(b) AUTHORIZED SERVICES- The services authorized to be provided under subsection (a) are as follows:

      ‘(1) Ground transportation.

      ‘(2) Air transportation in support of Special Olympics.

      ‘(3) Administrative support services.

      ‘(4) Technical training services.

      ‘(5) Emergency medical assistance and services.

      ‘(6) Communications services.

    ‘(c) OTHER AUTHORIZED ASSISTANCE- Facilities and equipment of the National Guard, including military property of the United States issued to the National Guard and General Services Administration vehicles leased to the National Guard, and General Services Administration vehicles leased to the Department of Defense, may be used in connection with providing services to any eligible organization under this section.

    ‘(d) ELIGIBLE ORGANIZATIONS- The organizations eligible to receive services under this section are as follows:

      ‘(1) The Boy Scouts of America.

      ‘(2) The Girl Scouts of America.

      ‘(3) The Boys Clubs of America.

      ‘(4) The Girls Clubs of America.

      ‘(5) The Young Men’s Christian Association.

      ‘(6) The Young Women’s Christian Association.

      ‘(7) The Civil Air Patrol.

      ‘(8) The United States Olympic Committee.

      ‘(9) The Special Olympics.

      ‘(10) The Campfire Boys.

      ‘(11) The Campfire Girls.

      ‘(12) The 4-H Club.

      ‘(13) The Police Athletic League.

      ‘(14) Any other youth or charitable organization designated by the Secretary of Defense.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following:

      ‘508. Assistance for certain youth and charitable organizations.’.

SEC. 386. 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. 387. PROCUREMENT OF PORTABLE VENTILATORS FOR THE DEFENSE MEDICAL FACILITY OFFICE, FORT DETRICK, MARYLAND.

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

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. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR ARMY MAJORS AND LIEUTENANT COLONELS.

    (a) VARIATION AUTHORIZED- In the administration of the limitation under section 523(a)(1) of title 10, United States Code, for fiscal years 1995 through 1997, the numbers applicable to officers of the Army serving on active duty in the grades of major and lieutenant colonel shall be the numbers set forth for that fiscal year in subsection (b) (rather than the numbers determined in accordance with the table in that section).

    (b) NUMBERS FOR FISCAL YEARS 1995 THROUGH 1997- The numbers referred to in subsection (a) are as follows:

--------------------------------------------------------------------------------------------------------------------
Fiscal year:               Number of officers who may be serving on active duty in the grade of:                    
                           Major                                                                 Lieutenant colonel 
--------------------------------------------------------------------------------------------------------------------
                      1995 12,603                                                                             8,506 
                      1996 12,870                                                                             8,646 
                      1997 12,870                                                                            8,646. 
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SEC. 403. EXTENSION OF TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR MARINE CORPS MAJORS AND LIEUTENANT COLONELS.

    (a) EXTENSION OF AUTHORITY- Subsection (a) of section 402 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1639; 10 U.S.C. 523 note) is amended by striking out ‘and 1995’ and inserting in lieu thereof ‘through 1997’.

    (b) LIMITATION- The table in subsection (b) of such section is amended to read as follows:

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‘Fiscal year:               Number of officers who may be serving on active duty in the grade of:                    
                            Major                                                                 Lieutenant colonel 
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                       1994 3,023                                                                              1,578 
                       1995 3,157                                                                              1,634 
                       1996 3,157                                                                              1,634 
                       1997 3,157                                                                           1,634.’. 
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    (c) CLERICAL AMENDMENT- The caption of subsection (b) of such section is amended by striking out ‘AND 1995- ’ and inserting in lieu thereof ‘THROUGH 1997- ’.

SEC. 404. INCREASE IN AUTHORIZED STRENGTH FOR MARINE CORPS GENERAL OFFICERS ON ACTIVE DUTY AFTER FISCAL YEAR 1995.

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

SEC. 405. MANAGEMENT OF SENIOR GENERAL AND FLAG OFFICER POSITIONS.

    (a) IN GENERAL- Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

    ‘(5)(A) An officer while serving in a position specified in section 604(b) of this title, if serving in the grade of general or admiral, is in addition to the number that would otherwise be permitted for that officer’s armed force for officers serving on active duty in grades above major general or rear admiral, as the case may be, under the first sentence of paragraph (1) or (2), as applicable.

    ‘(B) Subparagraph (A) does not apply in the case of an officer serving in such a position if the Secretary of Defense, when considering officers for recommendation to the President for appointment to fill the vacancy in that position which was filled by that officer, did not have a recommendation for that appointment from each Secretary of a military department who (pursuant to section 604(a) of this title) was required to make such a recommendation.

    ‘(C) This paragraph shall cease to be effective at the end of September 30, 1997.’.

    (b) LIMITATION ON NUMBER OF 4-STAR POSITIONS- (1) Chapter 32 of such title is amended by adding at the end the following new section:

‘Sec. 528. Limitation on number of officers on active duty in grades of general and admiral

    ‘(a) LIMITATION- The total number of officers on active duty after September 30, 1995, in the Army, Air Force, and Marine Corps in the grade of general and in the Navy in the grade of admiral may not exceed 32.

    ‘(b) EXCEPTIONS- The limitation in subsection (a) does not apply in the case of an officer serving in the grade of general or admiral in a position that is specifically exempted by law from being counted for purposes of limitations by law on the total number of officers that may be on active duty in the grades of general and admiral or the number of officers that may be on active duty in that officer’s armed force in the grade of general or admiral.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘528. Limitation on number of officers on active duty in grades of general and admiral.’.

    (c) GREATER SERVICE COMPETITION FOR JOINT 4-STAR POSITIONS- (1) Chapter 35 of such title is amended by adding at the end the following new section:

‘Sec. 604. Senior joint officer positions: recommendations to the Secretary of Defense

    ‘(a) JOINT 4-STAR OFFICER POSITIONS- (1) Whenever a vacancy occurs, or is anticipated to occur, in a position specified in subsection (b)--

      ‘(A) the Secretary of Defense shall require the Secretary of the Army to submit the name of at least one Army officer, the Secretary of the Navy to submit the name of at least one Navy officer and the name of at least one Marine Corps officer, and the Secretary of the Air Force to submit the name of at least one Air Force officer for consideration by the Secretary for recommendation to the President for appointment to that position; and

      ‘(B) the Chairman of the Joint Chiefs of Staff may submit to the Secretary of Defense the name of one or more officers (in addition to the officers whose names are submitted pursuant to subparagraph (A)) for consideration by the Secretary for recommendation to the President for appointment to that position.

    ‘(2) Whenever the Secretaries of the military departments are required to submit the names of officers under paragraph (1)(A), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the performance of each officer whose name is submitted under that paragraph (and of any officer whose name the Chairman submits to the Secretary under paragraph (1)(B) for consideration for the same vacancy). The Chairman’s evaluation shall primarily consider the performance of the officer as a member of the Joint Staff and in other joint duty assignments, but may include consideration of other aspects of the officer’s performance as the Chairman considers appropriate.

    ‘(b) COVERED POSITIONS- Subsection (a) applies to the following positions:

      ‘(1) Commander of a combatant command.

      ‘(2) Commander, United States Forces, Korea.

      ‘(3) Deputy commander, United States European Command, but only if the commander of that command is also the Supreme Allied Commander, Europe.

    ‘(c) EXPIRATION- This section shall cease to be effective at the end of September 30, 1997.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘604. Senior joint officer positions: recommendations to the Secretary of Defense.’.

    (d) REPORT- Not later than March 1, 1996, the Secretary of Defense shall submit to Congress a report on the implementation of the amendments made by this section. The report shall include an assessment of the effectiveness of those amendments in meeting the objective of encouraging more competition among all services for appointment of officers to joint three-star and four-star positions. The report may include such additional recommendations concerning general and flag officer selection policy as the Secretary considers appropriate.

SEC. 406. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL ACADEMY FROM COUNTING TOWARD NUMBER OF SENIOR ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY.

    The officer serving as Superintendent of the United States Naval Academy on the date of the enactment of this Act, while so serving, shall not be counted for purposes of the limitations contained in section 525(b)(2) of title 10, United States Code.

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, 102,960

      (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. DELAY IN INCREASE IN NUMBER OF ACTIVE COMPONENT MEMBERS TO BE ASSIGNED FOR TRAINING COMPATIBILITY 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 $70,938,597,000. 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. CONSISTENCY OF WARRANT OFFICER PERSONNEL MANAGEMENT POLICIES WITH POLICIES APPLICABLE TO OTHER OFFICERS.

    (a) EXCEPTION FROM MANDATORY CONSIDERATION BY PROMOTION BOARD- Section 575(d) of title 10, United States Code, is amended by inserting ‘(except for a warrant officer precluded from consideration under regulations prescribed by the Secretary concerned under section 577 of this title)’ after ‘under consideration’.

    (b) SECRETARIAL SUBMISSION OF PROMOTION BOARD REPORT- Section 576(f)(1) of such title is amended by striking out the second sentence.

    (c) CERTAIN PROMOTION FORMALITIES DEEMED COMPLETED- Section 578 of such title is amended by adding at the end the following new subsections:

    ‘(e) A warrant officer who is appointed to a higher grade under this section is considered to have accepted such appointment on the date on which the appointment is made unless the officer expressly declines the appointment.

    ‘(f) A warrant officer who has served continuously as an officer since subscribing 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.’.

    (d) CLARIFICATION OF WARRANT OFFICERS SUBJECT TO WOMA AUTHORITIES- Section 582(2) of such title is amended by inserting before the period at the end the following: ‘(other than retired warrant officers who were recalled to active duty before February 1, 1992, and have served continuously on active duty since that date)’.

SEC. 502. AUTHORITY FOR ORIGINAL REGULAR APPOINTMENTS OF NAVY AND MARINE CORPS LIMITED DUTY OFFICERS SERVING IN GRADES ABOVE PAY GRADE O-3 UNDER TEMPORARY APPOINTMENTS.

    Section 5589 of title 10, United States Code, is amended--

      (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and

      (2) by inserting after subsection (b) the following new subsection (c):

    ‘(c)(1) An officer described in paragraph (2) may be given an original appointment as a regular officer of the Navy or the Marine Corps, as the case may be, in the grade, and with the date of rank in that grade, in which the officer is serving on the day before such original appointment.

    ‘(2) This subsection applies to an officer of the Navy and Marine Corps who--

      ‘(A) is on the active-duty list;

      ‘(B) holds a permanent enlisted or warrant officer grade;

      ‘(C) is designated for limited duty under subsection (a) of section 5596 of this title; and

      ‘(D) is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary appointment under subsection (d) of section 5596 of this title.’.

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

    (a) TREATMENT OF LDOS TWICE HAVING FAILED OF SELECTION- Section 6383 of title 10, United States Code, is amended--

      (1) by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (l), respectively; and

      (2) by striking out subsection (f) and inserting in lieu thereof the following:

    ‘(f) 18-YEAR RETIREMENT SANCTUARY- If an officer subject to discharge under subsection (b), (d), or (e) is (as of the date on which the officer is to be discharged) not eligible for retirement under any provision of law but is within two years of qualifying for retirement under section 6323 of this title, the officer shall be retained on active duty as an officer designated for limited duty until becoming qualified for retirement under that section and shall then be retired under that section, unless the officer is sooner retired or discharged under another provision of law or the officer reverts to a warrant officer grade pursuant to subsection (h).

    ‘(g) REENLISTMENT FOR LDOS APPOINTED FROM ENLISTED GRADES- (1) An officer subject to discharge under subsection (b), (d), or (e) who is described in paragraph (2) may, upon the officer’s request and in the discretion of the Secretary of the Navy, be enlisted in a grade prescribed by the Secretary upon the officer’s discharge pursuant to such subsection.

    ‘(2) An officer described in this paragraph is an officer who--

      ‘(A) is not eligible for retirement under any provision of law;

      ‘(B) is not covered by subsection (f); and

      ‘(C) was in an enlisted grade when first appointed as an officer designated for limited duty.

    ‘(h) REVERSION TO WARRANT OFFICER GRADE FOR LDOS APPOINTED FROM WARRANT OFFICER GRADES- An officer subject to discharge under subsection (b), (d), or (e) (including an officer otherwise subject to retention under subsection (f)) who is not eligible for retirement under any provision of law and who had the permanent status of a warrant officer when first appointed as an officer designated for limited duty may, at the officer’s option, revert to the warrant officer grade and status that the officer would hold if the officer had not been appointed as an officer designated for limited duty.’.

    (b) CLARIFICATION OF OFFICERS SUBJECT TO SELECTIVE RETENTION- Subsection (k) of such section (as redesignated by subsection (a)(1)) is amended by striking out ‘or the discharge under subsection (d)’ in the first sentence and inserting in lieu thereof ‘or the discharge under subsection (b) or (d)’.

    (c) CONFORMING AMENDMENTS- Such section is further amended--

      (1) in subsection (a) by striking out ‘Except as provided in subsection (i),’ each place it appears and inserting in lieu thereof ‘Except as provided in subsection (k),’; and

      (2) in subsections (b) and (d), by striking out ‘Except as provided in subsection (i),’ and inserting in lieu thereof ‘Except as provided in subsections (f) and (k),’.

    (d) SUBSECTION HEADINGS- Such section is further amended as follows:

      (1) Subsection (a) is amended by striking out ‘(a)(1)’ and inserting in lieu thereof ‘(a) MANDATORY RETIREMENT- (1)’.

      (2) Subsection (b) is amended by inserting ‘LIEUTENANT COMMANDERS AND MAJORS WHO TWICE FAIL OF SELECTION FOR PROMOTION- ’ after ‘(b)’.

      (3) Subsection (c) is amended by inserting ‘RETIRED GRADE AND RETIRED PAY- ’ after ‘(c)’.

      (4) Subsection (d) is amended by inserting ‘NAVY LIEUTENANTS AND MARINE CORPS CAPTAINS WHO TWICE FAIL OF SELECTION FOR PROMOTION- ’ after ‘(d)’.

      (5) Subsection (e) is amended by striking out ‘(e)(1)’ and inserting in lieu thereof ‘(e) OFFICERS IN PAY GRADES O-2 AND O-1 WHO TWICE FAIL OF SELECTION FOR PROMOTION OR ARE FOUND NOT QUALIFIED FOR PROMOTION- (1)’.

      (6) Subsection (i) (as redesignated by subsection (a)(1)) is amended by inserting ‘DETERMINATION OF GRADE AND STATUS OF OFFICERS REVERTING TO PRIOR STATUS- ’ after ‘(i)’.

      (7) Subsection (j) (as redesignated by subsection (a)(1)) is amended by inserting ‘SEPARATION PAY FOR OFFICERS DISCHARGED- ’ after ‘(j)’.

      (8) Subsection (k) (as redesignated by subsection (a)(1)) is amended by inserting ‘SELECTIVE RETENTION BOARDS FOR LDOS- ’ after ‘(k)’.

      (9) Subsection (l) (as redesignated by subsection (a)(1)) is amended by inserting ‘APPLICABILITY OF SECTION ONLY TO PERMANENT LDOS- ’ after ‘(l)’.

SEC. 504. SELECTION FOR DESIGNATED JUDGE ADVOCATE GENERAL AND FLAG OFFICER POSITIONS.

    (a) ARMY- Section 3037 of title 10, United States Code, is amended by adding at the end the following new subsection:

    ‘(d) Under regulations prescribed by the Secretary of Defense, the Secretary of the Army, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or Assistant Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.’.

    (b) NAVY AND MARINE CORPS- (1) Section 5148 of such title is amended--

      (A) in subsection (b), by striking out the last sentence and inserting in lieu thereof the following: ‘If an officer appointed as the Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate.’; and

      (B) by striking out subsection (c) and inserting in lieu thereof the following:

    ‘(c) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.’.

    (2) Section 5149(a) of such title is amended--

      (A) by inserting ‘(1)’ after ‘(a)’;

      (B) by striking out the second and third sentences and inserting in lieu thereof the following: ‘If an officer appointed as the Deputy Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate.’; and

      (C) by adding at the end the following:

    ‘(2) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.’.

    (3) Section 5133 of such title is amended--

      (A) in subsection (a)--

        (i) by striking out ‘or the Judge Advocate General’ in the first sentence; and

        (ii) by striking out the second sentence; and

      (B) in the first sentence of subsection (b)--

        (i) by striking out ‘or the Judge Advocate General’ both places it appears; and

        (ii) by striking out ‘or major general, as appropriate’.

    (4) Section 5046 of such title--

      (A) in subsection (a), by striking out the second sentence and inserting in lieu thereof the following: ‘If an officer appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a lower regular grade, the officer shall be appointed in the regular grade of brigadier general.’; and

      (B) by striking out subsection (b) and inserting in lieu thereof the following:

    ‘(b) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Staff Judge Advocate to the Commandant of the Marine Corps, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.’.

    (5) The heading of section 5133, and the item relating to that section in the table of sections at the beginning of chapter 513 of such title, are each amended by striking out the third through sixth words.

    (c) AIR FORCE- Section 8037 of title 10, United States Code, is amended by adding at the end the following new subsection:

    ‘(e) Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or under subsection (d) for appointment as the Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.’.

Subtitle B--Reserve Component Matters

SEC. 511. INCREASED PERIOD OF ACTIVE DUTY FOR RESERVE FORCES MOBILIZED OTHER THAN DURING WAR OR NATIONAL EMERGENCY.

    (a) REVISION TO PERIOD OF ACTIVE DUTY- Section 673b of title 10, United States Code, is amended--

      (1) in subsection (a), by striking out ‘90 days’ and inserting in lieu thereof ‘270 days’; and

      (2) by striking out subsection (i).

    (b) REPORT REQUIRED- (1) Not later than April 1, 1995, the Secretary of Defense shall submit to the congressional defense committees a report on the desirability of increasing the authority of the President to order units and members of the reserve components to active duty without the consent of the members concerned.

    (2) The report shall include the following:

      (A) An analysis of options for increased presidential authority.

      (B) An assessment of the effects of each option on recruiting, retention, employer support for the reserve components, and the families of members of the reserve components.

      (C) Programs that the Secretary recommends to mitigate any negative effects.

      (D) Any option that the Secretary recommends.

      (E) Any proposed legislation that the Secretary considers necessary to implement any recommended option.

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

    Section 526 of title 10, United States Code, is amended by adding at the end the following new subsections:

    ‘(d) NOTICE TO CONGRESS UPON CHANGE IN GRADE FOR CERTAIN POSITIONS- (1) Not later than 60 days before an action specified in paragraph (2) may become effective, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report providing notice of the intended action and an analytically based justification for the intended action.

    ‘(2) Paragraph (1) applies in the case of the following actions:

      ‘(A) A change in the grade authorized as of July 1, 1994, for a general officer position in the National Guard Bureau, a general or flag officer position in the Office of a Chief of a reserve component, or a general or flag officer position in the headquarters of a reserve component command.

      ‘(B) Assignment of a reserve component officer to a general officer position in the the National Guard Bureau, to a general or flag officer position in the Office of a Chief of a reserve component, or a general or flag officer position in the headquarters of a reserve component command in a grade other the grade authorized for that position as of July 1, 1994.

      ‘(C) Assignment of an officer other than a general or flag officer as the military executive to the Reserve Forces Policy Board.

    ‘(e) EXCLUSION OF CERTAIN OFFICERS- The limitations of this section do not apply to a reserve component 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.’.

SEC. 513. REVIEW OF OPPORTUNITIES FOR ORDERING INDIVIDUAL RESERVES TO ACTIVE DUTY WITH THEIR CONSENT.

    (a) REVIEW REQUIRED- The Secretary of Defense shall--

      (1) review the opportunities for individual members of the reserve components of the Armed Forces to be ordered to active duty, with the consent of the members concerned, during peacetime in positions traditionally filled by active duty personnel; and

      (2) identify and remove any impediments, in regulations or other administrative rules, to increasing those opportunities.

    (b) REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the review. The report shall contain--

      (1) a plan for increasing the opportunities for individual members of the reserve components of the Armed Forces to be ordered to active duty, with the consent of the members concerned, during peacetime in positions traditionally filled by active duty personnel; and

      (2) a draft of any additional legislation that the Secretary considers necessary in order to increase those opportunities.

SEC. 514. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.

    Section 101(d) of title 10, United States Code, is amended--

      (1) by redesignating paragraph (6) as paragraph (7); and

      (2) by inserting after paragraph (5) the following new paragraph (6):

      ‘(6)(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 full-time National Guard duty performed by a member of the National Guard, pursuant to an order to active duty or full-time National Guard duty for a period of 180 consecutive days or more 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 for the purpose of interdiction and counter-drug activities for which funds have been provided 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. 515. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO TRANSFER OF RETIRED REGULAR ENLISTED MEMBERS TO RESERVE COMPONENTS.

    (a) ARMY- Section 3914 of title 10, United States Code, is amended by striking out the second and third sentences.

    (b) AIR FORCE- Section 8914 of such title is amended by striking out the second and third sentences.

SEC. 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) LIST OF CERTAIN SEPARATED OFFICERS- 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 duty in the grade of major or below.’.

SEC. 517. EARLY RESERVE RETIREMENT ELIGIBILITY FOR DISABLED MEMBERS OF SELECTED RESERVE.

    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 Defense Conversion Reinvestment, and Transition Assistance Act of 1992 (division D of 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.’.

SEC. 518. ANNUAL PAYMENTS FOR MEMBERS RETIRED UNDER GUARD AND RESERVE TRANSITION INITIATIVE.

    (a) ANNUAL PAYMENT FOR ONE TO FIVE YEARS- Subsection (d) of section 4416 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1162 note) is amended--

      (1) by striking out ‘for 5 years’ and inserting in lieu thereof ‘for a period of years prescribed by the Secretary concerned’;

      (2) by striking out ‘the 5-year period’ and inserting in lieu thereof ‘that period’; and

      (3) by adding at the end the following: ‘A period prescribed for purposes of this subsection may not be less than one year nor more than five years.’.

    (b) COMPUTATION OF ANNUAL PAYMENT- Subsection (e) of such section is amended by adding at the end the following:

    ‘(3) In the case of a member who will attain 60 years of age 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.’.

    (c) EFFECTIVE DATE- The amendments made by this section shall apply only to payments to a member of the Armed Forces under subsection (b) of section 4416 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484) that are granted by the Secretary of Defense to that member after the date of the enactment of this Act.

SEC. 519. EDUCATIONAL REQUIREMENTS FOR APPOINTMENT IN RESERVE COMPONENTS IN GRADES ABOVE FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE).

    Section 596 of title 10, United States Code, is amended--

      (1) in subsection (a), by striking out ‘an accredited educational institution’ and inserting in lieu thereof ‘a qualifying educational institution’; and

      (2) by adding at the end the following new subsection:

    ‘(c) QUALIFYING EDUCATIONAL INSTITUTIONS- (1) A qualifying educational institution for purposes of this section is an educational institution that is accredited or that meets the requirements of paragraph (2).

    ‘(2)(A) An unaccredited educational institution shall be considered to be a qualifying educational institution for purposes of the appointment or recognition of a person who is a graduate of that institution if the Secretary concerned determines that (as of the year of the graduation of that person from that institution) at least three educational institutions that are accredited and that maintain Reserve Officers’ Training Corps programs each generally grant baccalaureate degree credit for completion of courses of the unaccredited institution equivalent to the baccalaureate degree credit granted by the unaccredited institution for the completion of those courses.

    ‘(B) In order to assist the Secretary concerned in making determinations under subparagraph (A), any unaccredited institution that seeks to be considered to be a qualifying educational institution for purposes of this paragraph shall submit to the Secretary of Defense each year such information as the Secretary may require concerning the program of instruction at that institution.

    ‘(C) In the case of a person with a degree from an unaccredited institution that is a qualifying educational institution under this paragraph, the degree may not have been awarded more than three years before the date on which the person is to be appointed to, or recognized in, the grade of captain or, in the case of the Naval Reserve, lieutenant, in order for that person to be considered for purposes of subsection (a) to have been awarded a baccalaureate degree by a qualifying educational institution.’.

SEC. 520. LIMITED EXCEPTION FOR ALASKA SCOUT OFFICERS FROM BACCALAUREATE DEGREE REQUIREMENT FOR APPOINTMENT AS OFFICER IN NATIONAL GUARD ABOVE FIRST LIEUTENANT.

    (a) IN GENERAL- Subsection (b) of section 596 of title 10, United States Code, is amended by adding at the end the following new paragraph:

      ‘(5) Recognition in the grade of captain or major in the Alaska Army National Guard of a person who resides permanently at a location in Alaska that is more than 50 miles from each of the cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road and who is serving in a Scout unit or a Scout supporting unit.’.

    (b) CONFORMING STYLISTIC AMENDMENTS- Such subsection is further amended by striking out ‘an individual’ in paragraphs (2) and (3) and inserting in lieu thereof ‘a person’.

SEC. 521. SENSE OF CONGRESS CONCERNING THE TRAINING AND MODERNIZATION OF THE RESERVE COMPONENTS.

    (a) FINDINGS- Congress makes the following findings:

      (1) The force structure specified in the report resulting from the Bottom Up Review conducted by the Department of Defense during 1993 assumes increased reliance on the reserve components of the Armed Forces.

      (2) The mobilization of the reserve components for the Persian Gulf War was handicapped by shortfalls in training, readiness, and equipment.

      (3) The mobilization of the Army reserve components for the Persian Gulf War was handicapped by lack of a standard readiness evaluation system, which resulted in a lengthy reevaluation of training and equipment readiness of Army National Guard and Army Reserve units before they could be deployed.

      (4) Funding and scheduling constraints continue to limit the opportunity for combat units of the Army National Guard to carry out adequate maneuver training.

      (5) Funding constraints continue to handicap the readiness and modernization of the reserve components and their interoperability with the active forces.

    (b) STANDARD EVALUATION SYSTEM- It is the sense of Congress that the Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, should establish--

      (1) a standard readiness evaluation system that is uniform for all forces within each military service; and

      (2) a standard readiness rating system that is uniform for the military departments.

    (c) MILITARY DEPARTMENT BUDGETS- It is the sense of Congress that the Secretary of Defense should assess the budget submission of each military department each year to determine (taking into consideration the advice of the Chairman of the Joint Chiefs of Staff) the extent to which National Guard and reserve units would, under that budget submission, be trained and modernized to the standards needed for them to carry out the full range of missions required of them under current Department of Defense plans. Based upon such assessment each year, the Secretary should adjust the budget submissions of the military departments as necessary in order to meet the priorities established by the Secretary of Defense for the total force.

Subtitle C--Victims’ Rights, Family Advocacy, and Nondiscrimination Provisions

SEC. 531. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS OF THE ARMED FORCES MAKING ALLEGATIONS OF SEXUAL HARASSMENT OR UNLAWFUL DISCRIMINATION.

    (a) IN GENERAL- Subsection (b) of section 1034 of title 10, United States Code, is amended--

      (1) by inserting ‘(1)’ before ‘No person may take’;

      (2) by designating the second sentence as paragraph (2) and in that sentence striking out ‘the preceding sentence’ and inserting in lieu thereof ‘paragraph (1)’; and

      (3) in the first sentence, by striking out ‘or preparing’ and all that follows through ‘may not be restricted.’ and inserting in lieu thereof the following: ‘or preparing--

      ‘(A) a communication to a Member of Congress or an Inspector General that (under subsection (a)) may not be restricted; or

      ‘(B) a communication that is described in subsection (c)(2) and that is made (or prepared to be made) to--

        ‘(i) a Member of Congress;

        ‘(ii) an Inspector General (as defined in subsection (j));

        ‘(iii) a member of a Department of Defense audit, inspection, investigation, or law enforcement organization; or

        ‘(iv) 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.’.

    (b) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF PROHIBITED PERSONNEL ACTIONS- Subsection (c) of such section is amended--

      (1) by adding at the end of paragraph (1) the following new sentence: ‘If, in the case of an allegation submitted to the Inspector General of the Department of Defense, the Inspector General delegates the conduct of the investigation of the allegation to the inspector general of one of the armed forces, the Inspector General of the Department of Defense shall ensure that the inspector general conducting the investigation is outside the immediate chain of command of both the member submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.’;

      (2) by striking out paragraph (2) and inserting in lieu thereof the following:

    ‘(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, any of the following:

      ‘(A) A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination.

      ‘(B) Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.’; and

      (3) in the subsection heading, by striking out ‘CERTAIN ALLEGATIONS’ and inserting in lieu thereof ‘ALLEGATIONS OF PROHIBITED PERSONNEL ACTIONS’.

    (c) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF WRONGDOING- Such section is further amended--

      (1) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (f), (g), (h), (i), and (j), respectively; and

      (2) by striking out paragraph (4) of subsection (c) and inserting in lieu thereof the following:

    ‘(d) INSPECTOR GENERAL INVESTIGATION OF UNDERLYING ALLEGATIONS- Upon receiving an allegation under subsection (c), the Inspector General shall conduct a separate investigation of the information that the member making the allegation believes constitutes evidence of wrongdoing (as described in subparagraph (A) or (B) of subsection (c)(2)) if there previously has not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate.’.

    (d) REPORTS ON INVESTIGATIONS- Such section is further amended--

      (1) by striking out ‘(5) Not later than 30 days’ and inserting in lieu thereof ‘(e) REPORTS ON INVESTIGATIONS- (1) Not later than 30 days’;

      (2) in the paragraph redesignated by paragraph (1)--

        (A) by striking out ‘this subsection’ and inserting in lieu thereof ‘subsection (c) or (d)’;

        (B) by striking out ‘the member of the armed forces concerned’ and inserting in lieu thereof ‘the member of the armed forces who made the allegation investigated’; and

        (C) by striking out the second sentence;

      (3) by inserting after the paragraph redesignated by paragraph (1) the following new paragraph:

    ‘(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.’;

      (4) by redesignating paragraphs (6) and (7) as paragraphs (3) and (4), respectively; and

      (5) in paragraph (3), as so redesignated, by striking out ‘paragraph (5)’ and inserting in lieu thereof ‘paragraph (1)’.

    (e) DEFINITION- Subsection (j) of such section, as redesignated by subsection (c)(1), is amended by adding at the end the following new paragraph:

      ‘(3) The term ‘unlawful discrimination’ means discrimination on the basis of race, color, religion, sex, or national origin.’.

    (f) CROSS REFERENCE AMENDMENTS- (1) Subsection (f) of such section, as redesignated by subsection (c)(1), is amended by striking out ‘subsection (c)(5)’ in paragraphs (2)(A), (3)(A)(i), and (3)(B) and inserting in lieu thereof ‘subsection (e)(1)’.

    (2) Subsection (g) of such section, as redesignated by subsection (c)(1), is amended by striking out ‘subsection (d)’ and inserting in lieu thereof ‘subsection (f)’.

    (g) CLERICAL AMENDMENTS- (1) The heading of such section is amended to read as follows:

‘Sec. 1034. Protected communications; prohibition of retaliatory personnel actions’.

    (2) The table of sections at the beginning of chapter 53 of such title is amended to read as follows:

      ‘1034. Protected communications; prohibition of retaliatory personnel actions.’.

    (h) DEADLINE FOR REGULATIONS- The Secretary of Defense and the Secretary of Transportation shall prescribe regulations to implement the amendments made by this section not later than 120 days after the date of the enactment of this Act.

    (i) CONTENT OF REGULATIONS- In prescribing regulations under section 1034 of title 10, United States Code, as amended by this section, the Secretary of Defense and the Secretary of Transportation shall provide for appropriate procedural protections for the subject of any investigation carried out under the provisions of that section, including a process for appeal and review of investigative findings.

SEC. 532. DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON DISCRIMINATION AND SEXUAL HARASSMENT.

    (a) REPORT OF TASK FORCE- (1) The Department of Defense Task Force on Discrimination and Sexual Harassment, constituted by the Secretary of Defense on March 15, 1994, shall transmit a report of its findings and recommendations to the Secretary of Defense not later than October 1, 1994.

    (2) The Secretary shall transmit to Congress the report of the task force not later than October 10, 1994.

    (b) SECRETARIAL REVIEW- Not later than 45 days after receiving the report under subsection (a), the Secretary shall--

      (1) review the recommendations for action contained in the report;

      (2) determine which recommendations the Secretary approves for implementation and which recommendations the Secretary disapproves; and

      (3) submit to Congress a report that--

        (A) identifies the approved recommendations and the disapproved recommendations; and

        (B) explains the reasons for each such approval and disapproval.

    (c) COMPREHENSIVE DOD POLICY- (1) Based on the approved recommendations of the task force and such other factors as the Secretary considers appropriate, the Secretary shall develop a comprehensive Department of Defense policy for processing complaints of sexual harassment and discrimination involving members of the Armed Forces under the jurisdiction of the Secretary.

    (2) The Secretary shall issue policy guidance for the implementation of the comprehensive policy and shall require the Secretaries of the military departments to prescribe regulations to implement that policy not later than March 1, 1995.

    (3) The Secretary shall ensure that the policy is implemented uniformly by the military departments insofar as practicable.

    (4) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a proposal for any legislation necessary to enhance the capability of the Department of Defense to address the issues of unlawful discrimination and sexual harassment.

    (d) MILITARY DEPARTMENT POLICIES- (1) The Secretary of the Navy and the Secretary of the Air Force shall review and revise the regulations of the Department of the Navy and the Department of the Air Force, respectively, relating to equal opportunity policy and procedures in that Department for the making of, and responding to, complaints of unlawful discrimination and sexual harassment in order to ensure that those regulations are substantially equivalent to the regulations of the Department of the Army on such matters.

    (2) In revising regulations pursuant to paragraph (1), the Secretary of the Navy and the Secretary of the Air Force may make such additions and modifications as the Secretary of Defense determines appropriate to strengthen those regulations beyond the substantial equivalent of the Army regulations in accordance with--

      (A) the approved recommendations of the Department of Defense Task Force on Discrimination and Sexual Harassment; and

      (B) the experience of the Army, Navy, Air Force, and Marine Corps regarding equal opportunity cases.

    (3) The Secretary of the Army shall review the regulations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense considers appropriate to strengthen the regulations in accordance with the recommendations and experience described in subparagraphs (A) and (B) of paragraph (2).

    (e) REPORT OF ADVISORY BOARD- (1) The Secretary of Defense shall direct the Advisory Board on the Investigative Capability of the Department of Defense, established by the Secretary of Defense in November 1993, to include in its report to the Secretary (scheduled to be transmitted to the Secretary during December 1994)--

      (A) the recommendations of the Advisory Board as to whether the current Department of Defense organizational structure is adequate to oversee all investigative matters related to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim; and

      (B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability of the Department of Defense to respond to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim.

    (2) The Secretary shall transmit to Congress the report of the Advisory Board not later than 15 days after receiving the report.

    (f) PERFORMANCE EVALUATION STANDARDS FOR MEMBERS OF THE ARMED FORCES- The Secretary of Defense shall ensure that Department of Defense regulations governing consideration of equal opportunity matters in evaluations of the performance of members of the Armed Forces include provisions requiring as a factor in such evaluations consideration of a member’s commitment to elimination of unlawful discrimination or of sexual harassment in the Armed Forces.

SEC. 533. ANNUAL REPORT ON PERSONNEL READINESS FACTORS BY RACE AND GENDER.

    (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 of members of the Armed Forces temporarily and permanently nondeployable and rates of temporary and permanent nondeployability, displayed by cause of nondeployability, rank, and gender.

      (2) The numbers and rates of complaints and allegations within the Armed Forces that involve 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. 534. VICTIMS’ ADVOCATES PROGRAMS IN DEPARTMENT OF DEFENSE.

    (a) ESTABLISHMENT- (1) The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall revise policies and regulations of the Department of Defense with respect to the programs of the Department of Defense specified in paragraph (2) in order to establish within each of the military departments a victims’ advocates program.

    (2) Programs referred to in paragraph (1) are the following:

      (A) Victim and witness assistance programs.

      (B) Family advocacy programs.

      (C) Equal opportunity programs.

    (3) In the case of the Department of the Navy, separate victims’ advocates programs shall be established for the Navy and the Marine Corps.

    (b) PURPOSE- A victims’ advocates program established pursuant to subsection (a) shall provide assistance described in subsection (d) to members of the Armed Forces and their dependents who are victims of any of the following:

      (1) Crime.

      (2) Intrafamilial sexual, physical, or emotional abuse.

      (3) Discrimination or harassment based on race, gender, ethnic background, national origin, or religion.

    (c) INTERDISCIPLINARY COUNCILS- (1) The Secretary of Defense shall establish a Department of Defense council to coordinate and oversee the implementation of programs under subsection (a). The membership of the council shall be selected from members of the Armed Forces and officers and employees of the Department of Defense having expertise or experience in a variety of disciplines and professions in order to ensure representation of the full range of services and expertise that will be needed in implementing those programs.

    (2) The Secretary of each military department shall establish similar interdisciplinary councils within that military department as appropriate to ensure the fullest coordination and effectiveness of the victims’ advocates program of that military department. To the extent practicable, such a council shall be established at each significant military installation.

    (d) ASSISTANCE- (1) Under a victims’ advocates program established under subsection (a), individuals working in the program shall principally serve the interests of a victim by initiating action to provide (A) information on available benefits and services, (B) assistance in obtaining those benefits and services, and (C) other appropriate assistance.

    (2) Services under such a program in the case of an individual who is a victim of family violence (including intrafamilial sexual, physical, and emotional abuse) shall be provided principally through the family advocacy programs of the military departments.

    (e) STAFFING- The Secretary of Defense shall provide for the assignment of personnel (military or civilian) on a full-time basis to victims’ advocates programs established pursuant to subsection (a). The Secretary shall ensure that sufficient numbers of such full-time personnel are assigned to those programs to enable those programs to be carried out effectively.

    (f) IMPLEMENTATION DEADLINE- Subsection (a) shall be carried out not later than six months after the date of the enactment of this Act.

    (g) IMPLEMENTATION REPORT- Not later than 30 days after the date on which Department of Defense policies and regulations are revised pursuant to subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation (and plans for implementation) of this section.

SEC. 535. TRANSITIONAL COMPENSATION AND OTHER BENEFITS FOR DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT ABUSE.

    (a) EARLIER COMMENCEMENT OF PAYMENTS- Subsection (e) of section 1059 of title 10, United States Code, as redesignated by section 1070(a)(5) of this Act, is amended to read as follows:

    ‘(e) COMMENCEMENT AND DURATION OF PAYMENT- (1) Payment of transitional compensation under this section--

      ‘(A) in the case of a member convicted by a court-martial for a dependent-abuse offense, shall commence as of the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; and

      ‘(B) in the case of a member being considered under applicable regulations for administrative separation from active duty in accordance with such regulations (if the basis for the separation includes a dependent-abuse offense), shall commence as of the date on which the separation action is initiated by a commander of the member pursuant to such regulations, as determined by the Secretary concerned.

    ‘(2) Transitional compensation with respect to a member shall be paid for a period of 36 months, except that, if as of the date on which payment of transitional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transitional compensation is paid shall be equal to the greater of--

      ‘(A) the unserved portion of the member’s period of obligated active duty service; or

      ‘(B) 12 months.

    ‘(3)(A) If a member is sentenced by a court-martial to receive punishment that includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances as a result of a conviction by a court-martial for a dependent-abuse offense and each such punishment applicable to the member under the sentence is remitted, set aside, or mitigated to a lesser punishment that does not include any such punishment, any payment of transitional compensation that has commenced under this section on the basis of such sentence in that case shall cease.

    ‘(B) If administrative separation of a member from active duty is proposed on a basis that includes a dependent-abuse offense and the proposed administrative separation is disapproved by competent authority under applicable regulations, payment of transitional compensation in such case shall cease.

    ‘(C) Cessation of payments under subparagraph (A) or (B) shall be effective as of the first day of the first month following the month in which the Secretary concerned notifies the recipient of such transitional compensation in writing that payment of the transitional compensation will cease. The recipient may not be required to repay amounts of transitional compensation received before that effective date (except to the extent necessary to recoup any amount that was erroneous when paid).’.

    (b) COMMISSARY AND EXCHANGE BENEFITS- Such section is further amended--

      (1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and

      (2) by inserting after subsection (i) the following new subsection (j):

    ‘(j) COMMISSARY AND EXCHANGE BENEFITS- (1) A dependent or former dependent entitled to payment of monthly transitional compensation under this section shall, while receiving payments in accordance with this section, be entitled to use commissary and exchange stores to the same extent and in the same manner as a dependent of a member of the armed forces on active duty for a period of more than 30 days.

    ‘(2) If a dependent or former dependent eligible or entitled to use commissary and exchange stores under paragraph (1) is eligible or entitled to use commissary and exchange stores under another provision of law, the eligibility or entitlement of that dependent or former dependent to use commissary and exchange stores shall be determined under such other provision of law rather than under paragraph (1).’.

    (c) CONFORMING AMENDMENTS- (1) The heading of such section is amended to read as follows:

‘Sec. 1059. Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits’.

    (2) The item relating to such section in the table of sections at the beginning of chapter 53 of such title is amended to read as follows:

      ‘1059. Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits.’.

SEC. 536. STUDY OF SPOUSAL ABUSE INVOLVING ARMED FORCES PERSONNEL.

    (a) FINDINGS- Congress makes the following findings:

      (1) The Department of Defense has sponsored several highly successful programs designed to curtail spousal abuse.

      (2) The readiness of the Armed Forces would be enhanced by eliminating all forms of spousal abuse involving members of the Armed Forces.

      (3) Available data on the frequency and causes of spousal abuse involving members of the Armed Forces is not comprehensive for the Armed Forces.

    (b) STUDY- The Secretary of Defense shall conduct a study on spousal abuse involving members of the Armed Forces.

    (c) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. The report shall contain the following:

      (1) The frequency of spousal abuse involving members of the Armed Forces.

      (2) A discussion of the possible causes of such spousal abuse.

      (3) A discussion of the procedures followed in responding to incidents of such spousal abuse.

      (4) An analysis of the effectiveness of those procedures.

      (5) A review of the existing programs for curtailing such spousal abuse.

      (6) A strategy for the entire Armed Forces for curtailing spousal abuse involving members of the Armed Forces.

Subtitle D--Matters Relating to the Coast Guard

SEC. 541. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT PROVISIONS 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 sections 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 first day of the fourth month beginning after the date of the enactment of this Act.

SEC. 542. 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) 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 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) COAST GUARD- 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)--

        (A) by inserting ‘by the Secretary of Defense’ after ‘incentive payments made’ in the first sentence; and

        (B) by inserting ‘to the Secretary’ after ‘shall be available’ in the second sentence; 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 National 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 separated after September 30, 1994.

SEC. 543. EXPANSION OF PERSONNEL ADJUSTMENT, EDUCATION, AND TRAINING PROGRAMS TO INCLUDE COAST GUARD.

    (a) PRESEPARATION COUNSELING- As soon as possible after the date of the enactment of this Act, the Secretary of Transportation shall implement the requirements of section 1142 of title 10, United States Code, for the Coast Guard.

    (b) EMPLOYMENT ASSISTANCE, JOB TRAINING ASSISTANCE, AND OTHER TRANSITIONAL ASSISTANCE- Section 1144 of title 10, United States Code, is amended--

      (1) in subsection (a)(1)--

        (A) by inserting ‘, the Secretary of Transportation,’ after ‘Secretary of Defense’; and

        (B) by striking out ‘of a military department’ and inserting in lieu thereof ‘concerned’;

      (2) in subsection (a)(2), by inserting ‘, the Secretary of Transportation,’ after ‘Secretary of Defense’;

      (3) in subsection (b)(4), by striking out ‘Department of Defense is’ and inserting in lieu thereof ‘Department of Defense and the Department of Transportation are’;

      (4) in subsection (c), by inserting ‘and the Secretary of Transportation’ after ‘Secretary of Defense’; and

      (5) in subsection (d)(2), by inserting ‘and the Department of Transportation’ after ‘Department of Defense’.

    (c) TEACHER AND TEACHER’S AIDE PLACEMENT PROGRAM- Section 1151 of such title (as amended by section 1131) is further amended--

      (1) in subsection (a), by inserting ‘, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’;

      (2) in subsection (b), by inserting ‘and the Secretary of Transportation’ after ‘Secretary of Defense’ in the matter preceding the paragraphs;

      (3) in subsection (c)(1)--

        (A) by striking out ‘by the Secretary of Defense’ in the matter preceding the subparagraphs; and

        (B) in subparagraph (C), by inserting ‘of Defense, or the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary’;

      (4) in subsection (d), by inserting ‘and the Secretary of Transportation’ after ‘Secretary of Defense’;

      (5) in subsection (e)(1)--

        (A) by inserting ‘, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’ in the first sentence; and

        (B) by striking out ‘Secretary may’ in the second sentence and inserting in lieu thereof ‘Secretaries may’;

      (6) in subsection (e)(2), by striking out ‘Secretary’ the first two places it appears and inserting in lieu thereof ‘Secretaries’;

      (7) in subsection (e)(3)--

        (A) by inserting ‘of Defense, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘The Secretary’; and

        (B) by inserting ‘concerned’ after ‘unless the Secretary’;

      (8) in subsection (e)(4), by striking out ‘Secretary’ both places it appears and inserting in lieu thereof ‘Secretaries’;

      (9) in subsection (f)--

        (A) by inserting ‘, or the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’ in the matter preceding the paragraphs; and

        (B) in paragraph (1), by inserting ‘concerned’ after ‘the Secretary’;

      (10) in subsection (g)(1), by inserting ‘, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’ in the matter preceding the subparagraphs;

      (11) in subsection (h)--

        (A) in paragraph (1), by inserting ‘and the Secretary of Transportation’ after ‘Secretary of Defense’; and

        (B) by inserting ‘concerned’ after ‘Secretary’ each place it appears in paragraphs (2) through (6);

      (12) in subsection (h)(7)--

        (A) in subparagraph (A)--

          (i) by inserting ‘of Defense, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘the Secretary’ in the first sentence; and

          (ii) by inserting ‘concerned’ after ‘The Secretary’ in the second sentence; and

        (B) in subparagraph (C), by inserting ‘concerned’ after ‘The Secretary’;

      (13) in subsection (i)--

        (A) in paragraph (1), by inserting ‘, or the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’; and

        (B) in paragraph (2), by inserting ‘concerned’ after ‘Secretary’ both places it appears; and

      (14) in subsection (j)--

        (A) in paragraph (1)(F), by inserting ‘, or the Secretary of Transportation with respect to the Coast Guard’ after ‘Secretary of Defense’; and

        (B) in paragraph (2), by inserting ‘concerned’ after ‘Secretary’ both places it appears.

    (d) LAW ENFORCEMENT OFFICER PLACEMENT PROGRAM- Section 1152 of such title, as amended by section 1132, is further amended in subsections (a) and (d) by inserting ‘, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’.

    (e) HEALTH CARE PROVIDER PLACEMENT PROGRAM- Section 1153 of such title is amended--

      (1) in subsection (a), by inserting ‘, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’;

      (2) in subsection (b)(1)--

        (A) by striking out ‘by the Secretary of Defense’ in the matter preceding the subparagraphs; and

        (B) in subparagraph (C), by inserting ‘concerned’ after ‘Secretary’ both places it appears;

      (3) in subsection (c)(1)--

        (A) by inserting ‘, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘Secretary of Defense’;

        (B) by inserting ‘concerned’ after ‘to the Secretary’; and

        (C) by striking out ‘Secretary may’ and inserting in lieu thereof ‘Secretaries may’;

      (4) in subsection (c)(2)--

        (A) by inserting ‘of Defense, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘The Secretary’; and

        (B) by inserting ‘concerned’ after ‘unless the Secretary’;

      (5) in subsection (c)(3), by striking out ‘Secretary’ both places it appears and inserting in lieu thereof ‘Secretaries’;

      (6) in subsection (d)--

        (A) in paragraph (1) by inserting ‘and the Secretary of Transportation’ after ‘Secretary of Defense’; and

        (B) by inserting ‘concerned’ after ‘Secretary’ each place it appears in paragraphs (2) through (5); and

      (7) in subsection (e)--

        (A) in paragraph (1), by inserting ‘, and the Secretary of Transportation with respect to the Coast Guard,’ after ‘the Secretary of Defense’; and

        (B) in paragraph (2), by inserting ‘concerned’ after ‘The Secretary’.

    (f) UPWARD BOUND- Section 4466 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1143 note) is amended by adding at the end the following new subsection:

    ‘(h) APPLICATION TO COAST GUARD- The Secretary of Transportation may implement the provisions of this section for the Coast Guard in the same manner and to the same extent as such section applies to the Department of Defense.’.

    (g) SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING- (1) Section 4483(1) of the Service Members Occupational Conversion and Training Act of 1992 (subtitle G of title XLIV of Public Law 102-484; 10 U.S.C. 1143 note) is amended by inserting before the period the following: ‘with respect to the Department of Defense and the Secretary of Transportation with respect to the Coast Guard’.

    (2) As soon as possible after the date of the enactment of this Act, the Secretary of Transportation shall implement the requirements of the Service Members Occupational Conversion and Training Act of 1992 (subtitle G of title XLIV of Public Law 102-484; 10 U.S.C. 1143 note) for the Coast Guard.

    (h) LIMITATIONS ON FUNDING- Funds appropriated or otherwise made available to the Department of Defense, the Department of Education, the Department of Labor, or the Department of Veterans Affairs may not be used to carry out subsection (a) or the amendments made by this section.

Subtitle E--Other Matters

SEC. 551. 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. 552. 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) INAPPLICABILITY FOR 1994- 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. 553. 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 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. 554. BIENNIAL SURVEY ON THE STATE OF RACE AND ETHNIC ISSUES IN THE MILITARY.

    (a) IN GENERAL- (1) Part I of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:

‘CHAPTER 22--MISCELLANEOUS STUDIES AND REPORTS

‘Sec.

‘451. Racial and ethnic issues; biennial survey; biennial report.

‘Sec. 451. Racial and ethnic issues; biennial survey; biennial report

    ‘(a) BIENNIAL SURVEY- The Secretary of Defense shall carry out a biennial survey to measure the state of racial and ethnic issues and discrimination among members of the armed forces serving on active duty. The survey shall solicit information on the race relations climate in the armed forces, including--

      ‘(1) indicators of positive and negative trends of relations between all racial and ethnic groups;

      ‘(2) the effectiveness of Department of Defense policies designed to improve race and ethnic relations; and

      ‘(3) the effectiveness of current processes for complaints on and investigations into racial and ethnic discrimination.

    ‘(b) IMPLEMENTING ENTITY- The Secretary shall carry out each biennial survey through the entity in the Department of Defense known as the Armed Forces Survey on Race/Ethnic Issues.

    ‘(c) REPORTS TO CONGRESS- Upon completion of each biennial survey under subsection (a), the Secretary shall submit to Congress a report containing the results of the survey.’.

    (2) The tables of chapters at the beginning of subtitle A of such title and the beginning of part I of such subtitle are amended by inserting after the item relating to chapter 21 the following new item:

451’.

    (b) FIRST REPORT- The Secretary of Defense shall submit the first report under section 451(c) of title 10, United States Code, as added by subsection (a), not later than May 1, 1995.

SEC. 555. REVIEW OF CERTAIN DISCHARGES FROM THE UNITED STATES MILITARY ACADEMY DURING THE POST-CIVIL WAR PERIOD.

    (a) REVIEW REQUIRED- The Secretary of the Army shall carry out a thorough review, to be completed not later than 180 days after the date of the enactment of this Act, of--

      (1) the discharge from the Corps of Cadets of the United States Military Academy in 1874 of James Webster Smith of South Carolina; and

      (2) the discharge from the Corps of Cadets of the United States Military Academy in 1880 of Johnson Chesnut Whittaker of South Carolina.

    (b) PURPOSES OF REVIEW- The purpose of each review shall be to determine the validity of the original proceedings leading to such discharge and the extent, if any, to which racial prejudice or other improper factors now known may have tainted those proceedings. In conducting each review, the Secretary shall use as broad a range of historical documents as possible, including non-military sources.

    (c) CORRECTION OF RECORDS- If the Secretary determines that the discharge of James Webster Smith or Johnson Chesnut Whittaker was in error or an injustice, the Secretary shall correct that person’s military records (including the records of proceedings in that person’s discharge case).

    (d) POSTHUMOUS COMMISSION- Upon recommendation of the Secretary in the case of either person named in subsection (a), the President may issue in the name of that person a posthumous commission as an officer in the Regular Army in the grade of second lieutenant. Section 1523 of title 10, United States Code, shall apply with respect to a commission so issued.

SEC. 556. ADMINISTRATION OF ATHLETICS PROGRAMS AT THE SERVICE ACADEMIES.

    (a) UNITED STATES MILITARY ACADEMY- (1) Chapter 403 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 4357. Athletics program: athletic director; nonappropriated fund account

    ‘(a) The position of athletic director of the Academy shall be a position in the civil service (as defined in section 2101(1) of title 5). However, a member of the armed forces may fill that position as an active duty assignment.

    ‘(b) Under regulations prescribed by the Secretary of the Army, the Superintendent of the Academy shall administer a nonappropriated fund account for the athletics program of the Academy. The Superintendent shall credit to that account all revenue received from the conduct of the athletics program of the Academy and all contributions received for that program.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘4357. Athletics program: athletic director; nonappropriated fund account.’.

    (b) UNITED STATES NAVAL ACADEMY- (1) Chapter 603 of such title is amended by adding at the end the following new section:

‘Sec. 6975. Athletics program: athletic director; nonappropriated fund account

    ‘(a) The position of athletic director of the Naval Academy shall be a position in the civil service (as defined in section 2101(1) of title 5). However, a member of the armed forces may fill that position as an active duty assignment.

    ‘(b) Under regulations prescribed by the Secretary of the Navy, the Superintendent of the Naval Academy shall administer a nonappropriated fund account for the athletics program of the Naval Academy. The Superintendent shall credit to that account all revenue received from the conduct of the athletics program of the Naval Academy and all contributions received for that program.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘6975. Athletics program: athletic director; nonappropriated fund account.’.

    (3) The account referred to in subsection (b) of section 6975 of title 10, United States Code, as added by paragraph (1), shall be established not later than the effective date set forth in subsection (e).

    (c) UNITED STATES AIR FORCE ACADEMY- (1) Chapter 903 of such title is amended by adding at the end the following new section:

‘Sec. 9356. Athletics program: athletic director; nonappropriated fund account

    ‘(a) The position of athletic director of the Academy shall be a position in the civil service (as defined in section 2101(1) of title 5). However, a member of the armed forces may fill that position as an active duty assignment.

    ‘(b) Under regulations prescribed by the Secretary of the Air Force, the Superintendent of the Academy shall administer a nonappropriated fund account for the athletics program of the Academy. The Superintendent shall credit to that account all revenue received from the conduct of the athletics program of the Academy and all contributions received for that program.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘9356. Athletics program: athletic director; nonappropriated fund account.’.

    (d) NAVY IMPLEMENTATION STUDY- Not later than March 15, 1995, the Secretary of the Navy shall submit to Congress a report on the costs to the Department of the Navy of implementation of section 6975 of title 10, United States Code, as added by subsection (b). The report shall include a time line and description of the actions the Secretary plans to take to implement the requirements of that section.

    (e) EFFECTIVE DATE- Section 6975 of title 10, United States Code, as added by subsection (b), shall take effect on January 1, 1996.

SEC. 557. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD EFFECTS CAUSED BY HOSTILE ACTION.

    (a) AUTHORITY TO REIMBURSE- Chapter 163 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2738. Property loss: reimbursement of members for certain losses of household effects caused by hostile action

    ‘(a) AUTHORITY TO REIMBURSE- The Secretary concerned may reimburse a member of the armed forces in an amount not more than $100,000 for a loss described in subsection (b).

    ‘(b) COVERED LOSSES- This section applies with respect to a loss of household effects sustained during a move made incident to a change of permanent station when, as determined by the Secretary, the loss was caused by a hostile action incident to war or a warlike action by a military force.

    ‘(c) LIMITATION- The Secretary may provide reimbursement under this section for a loss described in subsection (b) only to the extent that the loss is not reimbursed under insurance or under the authority of another provision of law.

    ‘(d) APPLICABILITY OF OTHER AUTHORITIES AND REQUIREMENTS- Subsections (b), (d), (e), (f), and (g) of section 2733 of this title shall apply to a request for a reimbursement under this section as if the request were a claim against the United States.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following:

      ‘2738. Property loss: reimbursement of members for certain losses of household effects caused by hostile action.’.

    (c) EFFECTIVE DATE- (1) Section 2738 of title 10, United States Code, as added by subsection (a), applies with respect to losses incurred after June 30, 1990.

    (2) In the case of a loss incurred after June 30, 1990, and before the date of the enactment of this Act, a request for reimbursement shall be filed with the Secretary of the military department concerned not later than two years after such date of enactment.

SEC. 558. MILITARY RECRUITING ON CAMPUS.

    (a) DENIAL OF FUNDS- (1) No funds available to the Department of Defense may be provided by grant or contract to any institution of higher education that has a policy of denying, or which effectively prevents, the Secretary of Defense from obtaining for military recruiting purposes--

      (A) entry to campuses or access to students on campuses; or

      (B) access to directory information pertaining to students.

    (2) Students referred to in paragraph (1) are individuals who are 17 years of age or older.

    (b) PROCEDURES FOR DETERMINATION- The Secretary of Defense, in consultation with the Secretary of Education, shall prescribe regulations that contain procedures for determining if and when an educational institution has denied or prevented access to students or information described in subsection (a).

    (c) DEFINITION- For purposes of this section, the term ‘directory information’ means, with respect to a student, the student’s name, address, telephone listing, date and place of birth, level of education, degrees received, and the most recent previous educational institution enrolled in by the student.

SEC. 559. 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 a program of instruction beginning after September 30, 1997.

SEC. 560. 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- (1) Subject to paragraph (2), 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.

    ‘(2) Paragraph (1) shall not be in effect in the case of any of the armed forces if the Secretary concerned determines that the retention of permanently nonworldwide assignable members would not adversely affect the ability of that service to carry out its mission.

    ‘(3) A separation under paragraph (1) 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’.

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

    (a) ALLOWANCE AUTHORIZED- (1) Chapter 7 of title 37, United States Code, is amended by inserting after section 403a the following new section:

‘Sec. 403b. Cost-of-living allowance in the continental United States

    ‘(a) PAYMENT AUTHORIZED- The Secretary concerned may pay a cost-of-living allowance to the eligible members of a uniformed service under the jurisdiction of the Secretary.

    ‘(b) ELIGIBLE MEMBERS- The following members are eligible to receive a cost-of-living allowance under this section:

      ‘(1) A member assigned to a high cost area in the continental United States.

      ‘(2) A member assigned to an unaccompanied tour of duty outside the continental United States if the primary dependent of the member resides in a high cost area in the continental United States.

      ‘(3) A member assigned to duty in the continental United States if the Secretary of the uniformed service concerned determines that--

        ‘(A) the primary dependent of the member must reside in a high cost area in the continental United States by reason of the member’s duty location or other circumstances; and

        ‘(B) it would be inequitable for the member’s eligibility for the allowance to be determined on the basis of the duty location of the member.

    ‘(c) HIGH COST AREA DEFINED- An area is a high cost area for a fiscal year for purposes of this section if the uniformed services cost of living for that area for the base period exceeds the average cost of living in the continental United States for such base period by at least the threshold percentage. The Secretary of Defense, in consultation with the other administering Secretaries, shall establish the threshold percentage, except that the threshold percentage may not be less than 8 percent. The administering Secretaries shall prescribe a higher threshold percentage to be applied for a fiscal year when it is necessary to do so in order to ensure that the total amount of the payments of the cost-of-living allowance made to members of the uniformed services under this section for such fiscal year does not exceed the total amount available to all uniformed services for that fiscal year for paying such allowance.

    ‘(d) AMOUNT OF ALLOWANCE- The cost-of-living allowance that may be paid to a member for a high cost area for a fiscal year shall be the amount that is equal to the product of--

      ‘(1) the amount of the average spendable income determined applicable for the regular military compensation level of such member under subsection (g); and

      ‘(2) the percentage equal to the excess of--

        ‘(A) the percentage by which the uniformed services cost of living for the member’s high cost area for the base period exceeds the average cost of living in the continental United States for such base period, over

        ‘(B) the threshold percentage applicable to such fiscal year under subsection (c).

    ‘(e) LIMITATION TO ONE ALLOWANCE- If primary dependents of a member reside separately in different high cost areas--

      ‘(1) the member may be paid only one cost-of-living allowance under this section; and

      ‘(2) the cost-of-living allowance payable to the member shall be the highest of the amounts computed under this section for such high cost areas.

    ‘(f) SERVICE NOT COVERED- (1) A cost-of-living allowance may not be paid a member under this section for the days authorized for travel of the member in connection with a permanent change of duty station.

    ‘(2) A member of a reserve component is not eligible for a cost-of-living allowance under this section unless the member is on active duty under a call or order to active duty that--

      ‘(A) specifies a period of 140 days or more; or

      ‘(B) states that the call or order to active duty is in support of a contingency operation.

    ‘(g) AVERAGE SPENDABLE INCOME- The Secretary of Defense shall determine, using a methodology and assumptions that the Secretary considers appropriate, the amounts of average spendable income of members of the uniformed services for various ranges of regular military compensation. For purposes of this subsection, spendable income is the total amount of regular military compensation that is available for purchase of goods and services after allocation of amounts for taxes, insurance, housing, gifts and contributions, and savings.

    ‘(h) JOINT REGULATIONS- The Secretary of Defense and the other administering Secretaries shall jointly prescribe regulations to carry out this section.

    ‘(i) OTHER DEFINITIONS- In this section:

      ‘(1) The term ‘primary dependent’, with respect to a member, means--

        ‘(A) the member’s spouse; or

        ‘(B) in the case of an unmarried member, a dependent described in paragraph (2) or (4) of section 401(a) of this title.

      ‘(2) The term ‘cost of living’ means a price index selected by the Secretary of Defense, in consultation with the other administering Secretaries, from among the following indices:

        ‘(A) The Consumer Price Index (all items-United States city average) published monthly by the Bureau of Labor Statistics.

        ‘(B) Any other index developed in the private sector that the Secretary of Defense, in consultation with the other administering Secretaries, determines is comparable to the Consumer Price Index and is appropriate for use for purposes of this section.

      ‘(3) The term ‘uniformed services cost of living’ means the price index selected as described in paragraph (2) and adjusted as the Secretary of Defense, in consultation with the other administering Secretaries, considers appropriate to reflect variations between expenses of members of the uniformed services (as offset by the basic allowance for subsistence) and the corresponding expenses of persons not members of the uniformed services with regard to the following:

        ‘(A) Nonhousing costs (including costs of transportation, goods, and services, taking into consideration savings attributable to use of such military facilities as commissary stores and exchange stores).

        ‘(B) Average income tax paid.

        ‘(C) Cost of health care.

      ‘(4) The term ‘base period’, with respect to a fiscal year, means the 12-month period ending on June 30 of the year in which such fiscal year begins.

      ‘(5) The term ‘administering Secretaries’ means the following:

        ‘(A) The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy).

        ‘(B) The Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy.

        ‘(C) The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.

        ‘(D) The Secretary of Health and Human Services, with respect to the Public Health Service.

      ‘(6) The term ‘continental United States’ means the 48 contiguous States and the District of Columbia.’.

    (2) The table of sections at the beginning of such chapter 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) CONDITIONS ON PROVISION OF ALLOWANCE- (1) A cost-of-living allowance under section 403b of title 37, United States Code, as added by subsection (a), may not be provided until after the end of the 90-day period beginning on the date the Secretary of Defense submits the report required under paragraph (2).

    (2) Before implementing section 403b of title 37, United States Code, the Secretary of Defense, in consultation with the other administering Secretaries (as defined in subsection (h)(6) of such section), shall submit to Congress a report describing--

      (A) the methods by which the Secretary of Defense would determine the price index to be used under such section and the types of nonhousing related costs that will be considered under such price index;

      (B) the manner by which the Secretary will establish the threshold percentage for purposes of such section;

      (C) the manner in which savings attributable to use of such military facilities as commissary stores, exchange stores, and military medical treatment facilities will be taken into consideration; and

      (D) the methods by which the Secretary proposes to prevent uncontrolled growth in Government expenditures through the cost-of-living allowance available under such section.

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.

SEC. 604. TEMPORARY FAMILY HOUSING OR TEMPORARY HOUSING ALLOWANCES FOR DEPENDENTS OF MEMBERS WHO DIE IN THE LINE OF DUTY.

    (a) TEMPORARY HOUSING- Section 403(l)(1) of title 37, United States Code, is amended by striking out ‘90 days’ and inserting in lieu thereof ‘180 days’.

    (b) TEMPORARY HOUSING ALLOWANCES- Section 403(l)(2) of such title is amended by striking out ‘90 days’ both places it appears and inserting in lieu thereof ‘180 days’.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect as of October 1, 1993.

Subtitle B--Bonuses and Special and Incentive Pays

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

    (a) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (b) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (c) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (e) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(i) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

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

    (a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1) of title 10, United States Code, is amended by striking out ‘September 30, 1995,’ and inserting in lieu thereof ‘September 30, 1996,’.

    (b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37, United States Code, is amended by striking out ‘September 30, 1995,’ and inserting in lieu thereof ‘September 30, 1996,’.

    (c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of title 37, United States Code, is amended--

      (1) by striking out ‘September 30, 1995,’ and inserting in lieu thereof ‘September 30, 1996,’; and

      (2) by striking out ‘$6,000’ and inserting in lieu thereof ‘$15,000’.

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

    (a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United States Code, is amended by striking out ‘September 30, 1994’ and inserting in lieu thereof ‘September 30, 1995’.

    (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS- Sections 308a(c) and 308f(c) of title 37, United States Code, are each amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIORITY UNITS- Section 308d(c) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (e) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE- Section 2172(d) of title 10, United States Code, is amended by striking out ‘October 1, 1995’ and inserting in lieu thereof ‘October 1, 1996’.

    (f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME HEALTH SPECIALISTS IN THE SELECTED RESERVES- Section 613(d) of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note) is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(e) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (h) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of title 37, United States Code, is amended by striking out ‘September 30, 1995’ and inserting in lieu thereof ‘September 30, 1996’.

    (i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of title 37, United States Code, is amended by striking out ‘October 1, 1995’ and inserting in lieu thereof ‘October 1, 1996’.

Subtitle C--Travel and Transportation Allowances

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

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

SEC. 622. PAYMENT FOR TRANSIENT HOUSING FOR MEMBERS OF A RESERVE COMPONENT PERFORMING CERTAIN TRAINING DUTY.

    Section 404 of title 37, United States Code, is amended--

      (1) by redesignating subsection (j) as subsection (k); and

      (2) by inserting after subsection (i) the following new subsection:

    ‘(j)(1) In the case of a member of a reserve component performing annual training duty or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty under subsection (a), the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty.

    ‘(2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretaries concerned.

    ‘(3) The Secretary may pay service charge expenses under paragraph (1) out of funds appropriated for operation and maintenance for the reserve component concerned.’.

SEC. 623. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO PERSONAL EMERGENCIES FOR MEMBERS STATIONED OUTSIDE THE CONTINENTAL UNITED STATES.

    Section 411d(b) of title 37, United States Code, is amended--

      (1) in paragraph (1)--

        (A) in the matter preceding the subparagraphs, by striking ‘from the international airport’ and all that follows through ‘or the international airport nearest’ and inserting in lieu thereof ‘from the location of the member or dependents, at the time notification of the personal emergency is received, or’; and

        (B) in subparagraph (A), by striking ‘closest to the international airport’ and inserting in lieu thereof ‘closest to the location’; and

      (2) in paragraph (4), by striking ‘to the international airport’ and all that follows through the period and inserting in lieu thereof ‘to the location from which the member or dependent departed or the member’s duty station.’.

SEC. 624. CLARIFICATION OF TRAVEL AND TRANSPORTATION ALLOWANCE OF FAMILY MEMBERS INCIDENT TO 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.’.

SEC. 625. APPLICABILITY OF ADDITIONAL FAMILY SEPARATION ALLOWANCE TO PERIODS BETWEEN DEPLOYMENTS LESS THAN 30 DAYS APART.

    (a) COVERAGE OF PERIOD BETWEEN CERTAIN DEPLOYMENTS- Section 427(b) of title 37, United States Code, is amended--

      (1) in paragraph (2), by striking out the first sentence;

      (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

      (3) by inserting after paragraph (1) the following new paragraph:

    ‘(2) A member who becomes entitled to an allowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the earlier of--

      ‘(A) the first day of that period; or

      ‘(B) the first day the member ceased being entitled to a previous allowance under this subsection by reason of the end of duty prescribed in such subparagraphs, if the member ceased being entitled to the previous allowance within 30 days before the first day of that period.’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect as of June 20, 1994.

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. SENSE OF CONGRESS ON EQUAL TREATMENT OF EFFECTIVE DATES FOR FUTURE COST-OF-LIVING ADJUSTMENTS FOR MILITARY AND CIVILIAN RETIREES.

    (a) FINDINGS- Congress makes the following findings:

      (1) Congress, in the Omnibus Budget Reconciliation Act of 1993, changed the effective dates for future cost-of-living adjustments for military retired pay and for Federal civilian retirement annuities, which (before that Act) were provided by law to be made effective on December 1 each year.

      (2) The timing, and the percentage of increase, of military and Federal civilian retirees’ cost-of-living adjustments have been linked for decades.

      (3) The effect of the enactment of the Omnibus Budget Reconciliation Act of 1993 was to abandon the longstanding congressional practice of treating military and Federal civilian retirees identically in matters related to cost-of-living adjustments.

    (b) SENSE OF CONGRESS- In light of the findings in subsection (a), it is the sense of Congress that--

      (1) as a matter of simple equity and fairness, it is imperative that cost-of-living adjustments in retirement benefits for military and Federal civilian retirees be returned to an identical schedule as soon as possible, but not later than January 1, 1999;

      (2) if after October 1, 1998, there is, by law, a difference between the date on which a cost-of-living adjustment for Federal civilian retirees takes effect and the date on which a cost-of-living adjustment for military retirees takes effect, then the difference in those effective dates should be eliminated by requiring that cost-of-living adjustments for both classes of retirees become effective on the earlier of the two dates; and

      (3) if after October 1, 1998, there is, by law, a difference between the first month for which a cost-of-living adjustment for civilian retirees is payable and the first month for which a cost-of-living adjustment for military retirees is payable, then the difference in the months for which those adjustments are first payable should be eliminated by requiring that the cost-of-living adjustments for both classes of retirees first become payable for the earlier of the two months.

SEC. 633. 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. 634. WAIVER OF ADMINISTRATIVE TIME-IN-GRADE REQUIREMENTS TO PREVENT PAY INVERSIONS IN RETIRED PAY OF CERTAIN MILITARY RETIREES.

    (a) AUTHORITY- The Secretary concerned may, for purposes of the computation under section 1401a(f) of title 10, United States Code, of the retired pay of military retirees described in subsection (b), waive any administrative time-in-grade regulation (as described in subsection (d)) that would otherwise apply to such computation. Any such waiver may be made retroactive, in the case of any such retiree, to the date on which that retiree initially became entitled to retired pay.

    (b) COVERED RETIREES- This section applies to any military retiree--

      (1) who initially became entitled to retired pay on or after January 1, 1971, and before the date of the enactment of this Act;

      (2) whose retired pay, by reason of the provisions of section 1401a(f) of title 10, United States Code (the so-called ‘Tower amendment’), was initially computed as an amount greater than would have been the case but for that section; and

      (3) who, as of the earlier computation date applicable to that retiree--

        (A) in the case of an individual retired in an enlisted grade, had served in the grade in which the retiree retired for a period that was less than the period prescribed by the applicable administrative time-in-grade requirement described in subsection (d); and

        (B) in the case of an individual retired in an officer grade--

          (i) was subject to an administrative time-in-grade requirement described in subsection (d) that established a time-in-grade requirement that was longer than the statutory time-in-grade requirement applicable to that member; and

          (ii) had served in the grade in which the retiree retired for a period that was less than the period prescribed by such administrative time-in-grade requirement but not less than the statutory time-in-grade requirement applicable to that member.

    (c) EARLIER COMPUTATION DATE- For purposes of subsection (b)(3), the earlier computation date applicable to a military retiree is the date that (under such section 1401a(f) as in effect on the date of the member’s retirement) was the ‘earlier date’ that was used as the basis for the computation of the retiree’s retired pay.

    (d) REGULATIONS SUBJECT TO WAIVER- A regulation that may be waived under subsection (a) is any regulation (not required by law) that establishes a minimum period of time that a member of the Armed Forces must have served in a grade on active duty in order to be eligible to retire in that grade.

    (e) SCOPE OF WAIVER AUTHORITY- The Secretary concerned may exercise the authority provided in subsection (a) in the case of an individual military retiree or for any group of military retirees.

    (f) MILITARY RETIREE DEFINED- For purposes of this section, the term ‘military retiree’ means a member or former member of the Armed Forces who is entitled to retired pay.

    (g) SECRETARY CONCERNED- For purposes of this section, the term ‘Secretary concerned’ has the meaning given such term in section 101 of title 10, United States Code.

SEC. 635. 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)(A) Paragraph (1) of subsection (a) of section 3991 of such title is amended to read as follows:

      ‘(1) FORMULA- The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying--

        ‘(A) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by

        ‘(B) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.’.

    (B) Subsection (b) of such section is amended--

      (i) in paragraph (1), by striking out ‘of the table’; and

      (ii) by striking out paragraph (3).

    (3) The text of section 3992 of such title is amended to read as follows:

    ‘(a) ENTITLEMENT TO RECOMPUTATION- An enlisted member or warrant officer of the Army who is advanced on the retired list under section 3964 of this title is entitled to recompute his retired pay in accordance with this section.

    ‘(b) FORMULA- The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying--

      ‘(1) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by

      ‘(2) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.

    ‘(c) ROUNDING TO NEXT LOWER DOLLAR- The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.’.

    (b) NAVY AND MARINE CORPS- The table in section 6333(a) of title 10, United States Code, is amended by striking out ‘his years of active service in the armed forces’ in formula C under the column designated ‘Column 2’ and inserting in lieu thereof ‘the years of service 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)(A) Paragraph (1) of subsection (a) of section 8991 of such title is amended to read as follows:

      ‘(1) FORMULA- The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying--

        ‘(A) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by

        ‘(B) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.’.

    (B) Subsection (b) of such section is amended--

      (i) in paragraph (1), by striking out ‘of the table’; and

      (ii) by striking out paragraph (3).

    (3) The text of section 8992 of such title is amended to read as follows:

    ‘(a) ENTITLEMENT TO RECOMPUTATION- An enlisted member or warrant officer of the Air Force who is advanced on the retired list under section 8964 of this title is entitled to recompute his retired pay in accordance with this section.

    ‘(b) FORMULA- The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying--

      ‘(1) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by

      ‘(2) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.

    ‘(c) ROUNDING TO NEXT LOWER DOLLAR- The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.’.

    (d) CONFORMING AMENDMENT- Section 1405 of title 10, United States Code, 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--

      (1) the computation of the retired pay of any enlisted member who retires on or after the date of the enactment of this Act;

      (2) the computation of the retainer pay of any enlisted member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on or after the date of the enactment of this Act; and

      (3) the recomputation of the retired pay of any enlisted member who is advanced on the retired list on or after the date of the enactment of this Act.

SEC. 636. 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 provisions of subsection (a)(3) shall be applied by substituting ‘the last six years’ for ‘the last eight years’.’.

SEC. 637. 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. 638. 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).’.

SEC. 639. FORFEITURE OF ANNUITY OR RETIRED PAY OF MEMBERS CONVICTED OF ESPIONAGE UNDER UCMJ.

    (a) FORFEITURE- Section 8312(b)(2)(A) of title 5, United States Code, is amended by striking out ‘or article 106 (spies)’ and inserting in lieu thereof ‘, article 106 (spies), or article 106a (espionage)’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to persons convicted of espionage under section 906a of title 10, United States Code (article 106a of the Uniform Code of Military Justice), on or after the date of the enactment of this Act.

SEC. 640. TREATMENT OF RETIRED AND RETAINER PAY OF MEMBERS OF CADRE OF CIVILIAN COMMUNITY CORPS.

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

Subtitle E--Other Matters

SEC. 651. ELIGIBILITY OF MEMBERS RETIRED UNDER TEMPORARY SPECIAL RETIREMENT AUTHORITY FOR SERVICEMEN’S GROUP LIFE INSURANCE.

    (a) ELIGIBILITY- Section 1965(5) of title 38, United States Code, is amended--

      (1) by striking out ‘and’ at the end of subparagraph (C);

      (2) by redesignating subparagraph (D) as subparagraph (E); and

      (3) by inserting after subparagraph (C) the following new subparagraph (D):

        ‘(D) a person transferred to the Retired Reserve of a uniformed service under the temporary special retirement authority provided in section 1331a of title 10 who has not received the first increment of retirement pay or has not reached sixty-one years of age; and’.

    (b) INSURANCE COVERAGE- Section 1967(a) of such title is amended--

      (1) by striking out ‘and’ at the end of paragraph (2);

      (2) by adding ‘and’ at the end of paragraph (3);

      (3) by inserting after paragraph (3) the following:

      ‘(4) any member assigned to the Retired Reserve of a uniform service who meets the qualifications set forth in section 1965(5)(D) of this title;’; and

      (4) in the second sentence, by inserting after ‘section 1965(5)(C) of this title,’ the following: ‘or the first day a member of the Reserves meets the qualifications of section 1965(5)(D) of this title,’.

    (c) DURATION OF COVERAGE- Section 1968(a) of such title is amended--

      (1) in the matter preceding paragraph (1), by striking out ‘section 1965(5) (B) or (C)’ and inserting in lieu thereof ‘subparagraph (B), (C), or (D) of section 1965(5)’;

      (2) in paragraph (4)--

        (A) by striking out ‘or’ at the end of subparagraph (A);

        (B) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof ‘; or’; and

        (C) by adding at the end the following new subparagraph:

        ‘(C) unless on the date of such separation or release the member is transferred to the Retired Reserve of a uniformed service under the temporary special retirement authority provided in section 1331a of title 10, in which event the insurance, unless converted to an individual policy under terms and conditions set forth in section 1977(e) of this title, shall, upon timely payment of premiums under terms prescribed by the Secretary directly to the administrative office established under section 1966(b) of this title, continue in force until receipt of the first increment of retirement pay by the member or the member’s sixty-first birthday, whichever occurs earlier.’; and

      (3) by adding at the end the following:

      ‘(6) with respect to a member of the Retired Reserve who meets the qualifications of section 1965(5)(D) of this title, at such time as the member receives the first increment of retirement pay, or the member’s sixty-first birthday, whichever occurs earlier, subject to the timely payment of the initial and subsequent premiums, under terms prescribed by the Secretary, directly to the administrative office established under section 1966(b) of this title.’.

    (d) DEDUCTIONS- Section 1969 of such title is amended--

      (1) in subsection (a)(2)--

        (A) by striking out ‘or is assigned’ and inserting in lieu thereof ‘is assigned’; and

        (B) by inserting after ‘section 1965(5)(C) of this title,’ the following: ‘or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,’; and

      (2) in subsection (e), by striking out ‘section 1965(5)(C)’ in the first sentence and inserting in lieu thereof ‘subparagraph (C) or (D) of section 1965(5)’.

SEC. 652. TRANSPORTATION OF REMAINS.

    (a) TRANSPORTATION OF REMAINS OF DECEASED RETIRED MEMBERS WHO DIE OUTSIDE UNITED STATES- (1) Section 1481 of title 10, United States Code, is amended--

      (A) in subsection (a)--

        (i) by striking out ‘the remains of--’ and inserting in lieu thereof ‘the remains of the following persons:’;

        (ii) by capitalizing the first letter of the first word in each paragraph;

        (iii) by striking out the semicolon at the end of each paragraph (other than paragraphs (7) and (8)) and inserting in lieu thereof a period;

        (iv) by striking out ‘; and’ at the end of paragraph (7) and inserting in lieu thereof a period; and

        (v) by adding 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 who dies while outside the United States or any individual who dies outside the United States while a dependent of such a member.’; and

      (B) 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.’.

    (2) 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.’.

    (3) The amendments made by this subsection 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.

    (b) TRANSPORTATION OF REMAINS OF DECEASED VETERANS ON AEROMEDICAL EVACUATION AIRCRAFT- (1) 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 such a 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’.

    (2) Such section is further amended--

      (A) in subsection (b)--

        (i) in the matter preceding paragraph (1), by inserting ‘(or for the remains of a veteran)’ after ‘furnished to a veteran’;

        (ii) in paragraph (1), by inserting ‘(or of the remains of such veteran)’ after ‘of such veteran’; and

        (iii) in paragraph (2), by inserting ‘(or the remains of the veteran)’ after ‘for the veteran’;

      (B) in subsection (d)(1)--

        (i) by inserting ‘(or on the survivors of a veteran)’ after ‘on a veteran’; and

        (ii) by inserting ‘(or for the remains of the veteran)’ after ‘to the veteran’; and

      (C) in subsection (d)(2), by inserting ‘(or for the remains of veterans)’ after ‘to veterans’.

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

    (a) IN GENERAL- Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 1060a. Special supplemental food program

    ‘(a) AUTHORITY- The Secretary of Defense may carry out a program to provide special supplemental food benefits to members of the armed forces on duty at stations outside the United States (and its territories and possessions) and to eligible civilians serving with, employed by, or accompanying the armed forces outside the United States (and its territories and possessions).

    ‘(b) FEDERAL PAYMENTS AND COMMODITIES- For the purpose of obtaining Federal payments and commodities in order to carry out the program referred to in subsection (a), the Secretary of Agriculture shall make available to the Secretary of Defense from funds appropriated for such purpose, the same payments and commodities as are made for the special supplemental food program in the United States under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).

    ‘(c) PROGRAM ADMINISTRATION- (1)(A) The Secretary of Defense shall administer the program referred to in subsection (a) and, except as provided in subparagraph (B), shall determine eligibility for program benefits under the criterion published by the Secretary of Agriculture under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).

    ‘(B) The Secretary of Defense shall prescribe regulations governing computation of income eligibility standards for families of individuals participating in the program under this section.

    ‘(2) The program benefits provided under the program shall be similar to benefits provided by State and local agencies in the United States.

    ‘(d) DEPARTURE FROM STANDARDS- The Secretary of Defense may authorize departures from standards prescribed by the Secretary of Agriculture regarding the supplemental foods to be made available in the program when local conditions preclude strict compliance or when such compliance is highly impracticable.

    ‘(e) REGULATIONS- The Secretary of Defense shall prescribe regulations to administer the program authorized by this section.

    ‘(f) DEFINITIONS- In this section:

      ‘(1) The term ‘eligible civilian’ means--

        ‘(A) a dependent of a member of the armed forces residing with the member outside the United States;

        ‘(B) an employee of a military department who is a national of the United States and is residing outside the United States in connection with such individual’s employment or a dependent of such individual residing with the employee outside the United States; or

        ‘(C) an employee of a Department of Defense contractor who is a national of the United States and is residing outside the United States in connection with such individual’s employment or a dependent of such individual residing with the employee outside the United States.

      ‘(2) The term ‘national of the United States’ means--

        ‘(A) a citizen of the United States; or

        ‘(B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))).

      ‘(3) The term ‘dependent’ has the meaning given such term in 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. 654. STUDY OF OFFSET OF DISABILITY COMPENSATION BY RECEIPT OF SEPARATION BENEFITS AND INCENTIVES.

    (a) STUDY REQUIRED- The Comptroller General of the United States shall carry out a study regarding the requirement in each of the following provisions of title 10, United States Code, to offset the amount of disability compensation payable to a veteran by the amount of the separation benefits paid to the veteran under such provision of law:

      (1) Section 1174, relating to payment of separation pay upon involuntary discharge or release from active duty.

      (2) Section 1174a(a), relating to payment of a special separation benefit for voluntary separation.

      (3) Section 1175, relating to payment of a voluntary separation incentive.

    (b) ELEMENTS OF STUDY- In carrying out the study required under subsection (a), the Comptroller General shall--

      (1) determine the purposes of the provisions of law referred to in such subsection;

      (2) determine the justifications for the requirement for offset of disability compensation provided in each such provision of law;

      (3) assess the financial effects of the offset requirements on affected veterans, and the fiscal effects of the offset requirements on the Federal Government, taking into consideration--

        (A) an estimate (by the Comptroller General) of the number of members of the Armed Forces who will separate from the Armed Forces during the period beginning on the date of the enactment of this Act and ending on September 30, 1999;

        (B) an estimate (by the Comptroller General) of--

          (i) the number of such members who will receive separation benefits under the provisions of law referred to in subsection (a); and

          (ii) the average amount of the benefits to be paid such members;

        (C) an estimate (by the Comptroller General) of--

          (i) the number of such members who will be entitled to disability compensation payable by the Secretary of Veterans Affairs; and

          (ii) the average monthly amount of the compensation to which such members will be entitled; and

        (D) an assessment (by the Comptroller General) of the extent, if any, to which the offset affects the capacity of such members to meet their financial obligations, including financial obligations incurred in connection with service in the Armed Forces or with separation from that service, and increased net costs for housing and medical care;

      (4) determine the extent, if any, to which the offset of disability compensation required under the provisions of law referred to in subsection (a) reduces the effectiveness of such provisions of law for achieving the purposes of those provisions of law; and

      (5) determine the cost to the Federal Government that would result from repeal of the offset requirements in such provisions of law.

    (c) RESULTS OF STUDY- Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services and the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report containing the results of the study required under subsection (a). The report shall include recommendations of the Comptroller General for improvement of the separation benefits under the provisions of law referred to in subsection (a).

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 the matter preceding clause (i) and inserting in lieu thereof the following:

        ‘(D) a child who--’; and

      (2) by adding at the end the following new paragraph:

      ‘(6) The term ‘child’, with respect to a member or former member of a uniformed service, means the following:

        ‘(A) An unmarried legitimate child.

        ‘(B) An unmarried adopted child.

        ‘(C) An unmarried stepchild.

        ‘(D) An unmarried person--

          ‘(i) who is placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the person by the member or former member; and

          ‘(ii) who otherwise meets the requirements specified in paragraph (2)(D).’.

    (b) CONFORMING AMENDMENT- Section 401(b)(1)(B) of title 37, United States Code, is amended by striking out ‘placement agency for the purpose of adoption’ and inserting in lieu thereof ‘placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member’.

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

    (a) CHAMPUS- (1) Subsection (a) of section 1079 of title 10, United States Code, is amended in the first sentence by striking out ‘spouses and children’ and inserting in lieu thereof ‘dependents, as described in subparagraphs (A), (D), and (I) of section 1072(2) of this title,’.

    (2) Subsection (d) of such section is amended by striking out ‘as defined in section 1072(2) (A) or (D)’ and inserting in lieu thereof ‘as described in subparagraph (A), (D), or (I) of section 1072(2)’.

    (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 dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title.’.

    (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’s’ and inserting in lieu thereof ‘dependent’s’; and

        (B) by striking out ‘child’ and inserting in lieu thereof ‘dependent’;

      (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. AVAILABILITY OF DEPENDENTS’ DENTAL PROGRAM OUTSIDE THE UNITED STATES.

    (a) PROGRAM EXPANSION- Section 1076a of title 10, United States Code, is amended--

      (1) by redesignating subsection (h), as added by section 702(b)(4), as subsection (i); and

      (2) by inserting after subsection (g) the following new subsection:

    ‘(h) CARE OUTSIDE THE UNITED STATES- The Secretary may exercise the authority provided under subsection (a) to establish basic dental benefits plans for the provision of dental benefits outside the United States for the eligible dependents of members of the uniformed services accompanying the members on permanent assignments to duty outside the United States.’.

    (b) CONFORMING AMENDMENT- Section 1077(c) of such title is amended by striking out ‘and care’ and inserting in lieu thereof ‘, dental care provided outside the United States, and dental care’.

SEC. 704. AUTHORIZATION FOR MEDICAL AND DENTAL CARE FOR 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 former member of a uniformed service described in paragraph (4) needs medical or dental care for an injury or illness resulting from abuse by the member, 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 former member of a uniformed service referred to in paragraph (1) is a member who--

      ‘(i) received a dishonorable or bad-conduct discharge or was dismissed from a uniformed service as a result of a court-martial conviction for an offense, under either military or civil law, involving abuse of a dependent of the member; or

      ‘(ii) was administratively discharged from a uniformed service as a result of such an offense.

    ‘(B) A determination of whether an offense involved abuse of a dependent of the member shall be made in accordance with regulations prescribed by the administering Secretary for such uniformed service.’.

    (b) CONFORMING AMENDMENTS- Such subsection is further amended--

      (1) by inserting ‘former’ before ‘member’ each place it appears in paragraphs (2) and (3);

      (2) in paragraph (2), by striking out ‘paragraph (1)(A)’ and inserting in lieu thereof ‘paragraph (4)’; and

      (3) in paragraph (3)(C)--

        (A) by striking out ‘is’ and inserting in lieu thereof ‘was’; and

        (B) by striking out ‘paragraph (1)(A)’ and inserting in lieu thereof ‘paragraph (4)’.

    (c) PERSONAL SERVICE CONTRACTS TO PROVIDE CARE- (1) The Secretary of Defense may enter into personal service contracts under the authority of section 1091 of title 10, United States Code, with persons described in paragraph (2) to provide the services of clinical counselors, family advocacy program staff, and victim’s services representatives to members of the Armed Forces and covered beneficiaries who require such services. Notwithstanding subsection (a) of such section, such services may be provided in medical treatment facilities of the Department of Defense or elsewhere as determined appropriate by the Secretary.

    (2) The persons with whom the Secretary may enter into a personal services contract under this subsection shall include clinical social workers, psychologists, psychiatrists, and other comparable professionals who have advanced degrees in counseling or related academic disciplines and who meet all requirements for State licensure and board certification requirements, if any, within their fields of specialization.

SEC. 705. 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,’.

SEC. 706. DEMONSTRATION PROGRAMS FOR SALE OF PHARMACEUTICALS.

    (a) PERSONS ELIGIBLE FOR PARTICIPATION- Subsection (c)(2) of section 702 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1079 note) is amended by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraph:

        ‘(B) either--

          ‘(i) resides in an area that is adversely affected (as determined by the Secretary) by the closure of a health care facility of the uniformed services as a result of the closure or realignment of the military installation at which such facility is located; or

          ‘(ii) can demonstrate to the satisfaction of the Secretary that the person relied upon a health care facility referred to in clause (i) before the closure of the facility to obtain the person’s pharmaceuticals.’.

    (b) PURCHASE FEES- Subsection (d) of such section is amended--

      (1) by inserting ‘(1)’ after ‘FEES- ’; and

      (2) by adding at the end the following new paragraph:

    ‘(2) In the case of persons eligible to participate in the demonstration project for pharmaceuticals or the retail pharmacy network by reason of clause (ii) of subsection (c)(2)(B), the Secretary of Defense may increase the fees, charges, and copayments established under paragraph (1)(B) and otherwise applicable to such persons by an amount necessary to cover any additional costs incurred by the administering Secretaries as a result of making pharmaceuticals available to such persons under this section.’.

SEC. 707. ONE YEAR CONTINUATION OF FULL CHAMPUS AND DEPENDENTS’ DENTAL PROGRAM BENEFITS FOR DEPENDENTS OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.

    (a) CONTINUATION OF SECTION 1079 CHAMPUS RULES- Subsection (g) of section 1079 of title 10, United States Code, is amended by inserting after the first sentence the following new sentence: ‘In addition, when a member dies while on active duty for a period of more than 30 days, the member’s dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for such benefits during the one-year period beginning on the date of the death of the member.’.

    (b) CONTINUATION OF DEPENDENTS’ DENTAL PROGRAM BENEFITS- Subsection (i) of section 1076a of such title, as added by section 702(b)(4) and redesignated by section 703(a)(1), is further amended--

      (1) by inserting ‘(1)’ after ‘ELIGIBLE DEPENDENT DEFINED- ’; and

      (2) by adding at the end the following new paragraph:

    ‘(2) The term includes a dependent described in such subparagraphs of a member who dies while on active duty for a period of more than 30 days if the dependent is enrolled on the date of the death of the member in a dental benefits plan established under subsection (a), except that the term does not include the dependent after the end of the one-year period beginning on the date of the member’s death. The Secretary of Defense may waive (in whole or in part) any requirements of the plan as the Secretary determines necessary for the effective administration of the plan for a dependent covered by this paragraph.’.

    (c) APPLICATION OF AMENDMENTS- The amendments made by subsections (a) and (b) shall apply with respect to the dependents described in such amendments of a member of a uniformed service who dies on or after October 1, 1993, while on active duty for a period of more than 30 days.

    (d) CONFORMING REPEAL- Section 704 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1687) is repealed. The repeal of such section shall not terminate the special payment rules provided in such section with respect to any person eligible for such payment rules on the date of the enactment of this Act.

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

SEC. 711. COORDINATION OF BENEFITS WITH MEDICARE.

    Section 1086(d) of title 10, United States Code, is amended by striking out paragraph (3) and inserting in lieu thereof the following:

    ‘(3)(A) Subject to subparagraph (B), if a person described in paragraph (2) receives medical or dental care for which payment may be made under medicare and a plan contracted for under subsection (a), the amount payable for that care under the plan shall be the amount of the actual out-of-pocket costs incurred by the person for that care over the sum of--

      ‘(i) the amount paid for that care under medicare; and

      ‘(ii) the total of all amounts paid or payable by third party payers other than medicare.

    ‘(B) The amount payable for care under a plan pursuant to subparagraph (A) may not exceed the total amount that would be paid under the plan if payment for that care were made solely under the plan.

    ‘(C) In this paragraph:

      ‘(i) The term ‘medicare’ means title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

      ‘(ii) The term ‘third party payer’ has the meaning given such term in section 1095(h)(1) of this title.’.

SEC. 712. AUTHORITY FOR REIMBURSEMENT OF PROFESSIONAL LICENSE FEES UNDER RESOURCE SHARING AGREEMENTS.

    Section 1096 of title 10, United States Code, is amended by adding at the end the following:

    ‘(d) REIMBURSEMENT FOR LICENSE FEES- In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member.’.

SEC. 713. 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 applicable 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. 714. 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 713) 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 a covered beneficiary on the basis of whether the beneficiary enrolled or declined 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 is 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.’.

    (c) CONDITION ON EXPANSION OF CHAMPUS REFORM INITIATIVE- Section 712 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is amended by striking out subsection (c) and inserting in lieu thereof the following new subsection:

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

SEC. 715. 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. 716. 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).’.

SEC. 717. IMPLEMENTATION OF ANNUAL HEALTH CARE SURVEY REQUIREMENT.

    Section 724 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2440; 10 U.S.C. 1071 note) is amended--

      (1) by redesignating subsection (b) as subsection (c); and

      (2) by inserting after subsection (a) the following new subsection (b):

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

Subtitle C--Persian Gulf Illness

SEC. 721. 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) COMPATIBILITY OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS REGISTRIES- The Secretary of Defense shall take appropriate actions to ensure--

      (1) that the data collected by and the testing protocols of the Persian Gulf War Health Surveillance System maintained by the Department of Defense are compatible with the data collected by and the testing protocols of the Persian Gulf War Veterans Health Registry maintained by the Department of Veterans Affairs; and

      (2) that all information on individuals who register with the Department of Defense for purposes of the Persian Gulf War Health Surveillance System is provided to the Secretary of Veterans Affairs for incorporation into the Persian Gulf War Veterans Health 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 specialty, 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 under subsection (e)(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 criteria 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. 722. STUDIES OF HEALTH CONSEQUENCES OF MILITARY SERVICE OR EMPLOYMENT IN SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.

    (a) IN GENERAL- The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of Health and Human Services, shall conduct studies and administer grants for studies to determine--

      (1) the nature and causes of illnesses suffered by individuals as a consequence of service or employment by the United States in the Southwest Asia theater of operations during the Persian Gulf War; and

      (2) the appropriate treatment for those illnesses.

    (b) NATURE OF THE STUDIES- (1) Studies under subsection (a)--

      (A) shall include consideration of the range of potential exposure of individuals to environmental, battlefield, and other conditions incident to service in the theater;

      (B) shall be conducted so as to provide assessments of both short-term and long-term effects to the health of individuals as a result of those exposures; and

      (C) shall include, at a minimum, the following types of studies:

        (i) An epidemiological study or studies on the incidence, prevalence, and nature of the illness and symptoms and the risk factors associated with symptoms or illnesses.

        (ii) Studies to determine the health consequences of the use of pyridostigmine bromide as a pretreatment antidote enhancer during the Persian Gulf War, alone or in combination with exposure to pesticides, environmental toxins, and other hazardous substances.

        (iii) Clinical research and other studies on the causes, possible transmission, and treatment of Persian Gulf-related illnesses.

    (2)(A) The first project carried out under paragraph (1)(C)(ii) shall be a retrospective study of members of the Armed Forces who served in the Southwest Asia theater of operations during the Persian Gulf War.

    (B) The second project carried out under paragraph (1)(C)(ii) shall consist of animal research and nonanimal research, including in vitro systems, as required, designed to determine whether the use of pyridostigmine bromide in combination with exposure to pesticides or other organophosphates, carbamates, or relevant chemicals will result in increased toxicity in animals and is likely to have a similar effect on humans.

    (c) INDIVIDUALS COVERED BY THE STUDIES- Studies conducted pursuant to subsections (a) shall apply to the following individuals:

      (1) Individuals who served as members of the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War.

      (2) Individuals who were civilian employees of the Department of Defense in that theater during that period.

      (3) To the extent appropriate, individuals who were employees of contractors of the Department of Defense in that theater during that period.

      (4) To the extent appropriate, the spouses and children of individuals described in paragraph (1).

    (d) PLAN FOR THE STUDIES- (1) The Secretary of Defense shall prepare a coordinated plan for the studies to be conducted pursuant to subsection (a). The plan shall include plans and requirements for research grants in support of the studies. The Secretary shall submit the plan to the National Academy of Sciences for review and comment.

    (2) The plan for studies pursuant to subsection (a) shall be updated annually. The Secretary of Defense shall request an annual review by the National Academy of Science of the updated plan and study progress and results achieved during the preceding year.

    (3) The plan, and annual updates to the plan, shall be prepared in coordination with the Secretary of Veterans Affairs and the Secretary of Health and Human Services.

    (e) FUNDING- (1) From the amount authorized to be appropriated pursuant to section 201 for Defense-wide activities, the Secretary of Defense shall make available such funds as the Secretary considers necessary to support the studies conducted pursuant to subsection (a).

    (2) For each year in which activities continue in support of the studies conducted pursuant to subsection (a), the Secretary of Defense shall include in the budget request for the Department of Defense a request for such funds as the Secretary determines necessary to continue the activities during that fiscal year.

    (f) REPORTS- (1) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress the coordinated plan for the studies to be conducted pursuant to subsection (a) and the results of the review of that plan by the National Academy of Sciences.

    (2) Not later than October 1 of each year through 1998, the Secretary shall submit to Congress a report on the results of the studies conducted pursuant to subsection (a), plans for continuation of the studies, and the results of the annual review of the studies by the National Academy of Sciences.

    (3) Each report under this section shall be prepared in coordination with the Secretary of Veterans Affairs and the Secretary of Health and Human Services.

    (g) DEFINITION- In this section, the term ‘Persian Gulf War’ has the meaning given such term in section 101 of title 38, United States Code.

Subtitle D--Other Matters

SEC. 731. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.

    (a) REQUIREMENT FOR PROGRAM- (1) Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall develop and carry out a demonstration program to evaluate the feasibility and advisability of furnishing chiropractic care through the medical care facilities of the Armed Forces. The Secretary of Defense shall develop and carry out the program in consultation with the Secretaries of the military departments.

    (2) In carrying out the program, the Secretary of Defense shall--

      (A) subject to paragraph (3), designate not less than 10 major military medical treatment facilities of the Department of Defense to furnish chiropractic care under the program; and

      (B) enter into agreements with such number of chiropractors as the Secretary determines sufficient for the purposes of the program to furnish chiropractic care at such facilities under the program.

    (3) The Secretary may not designate under paragraph (2) any treatment facility that is located on a military installation scheduled for closure or realignment under a base closure law.

    (b) PROGRAM PERIOD- The Secretary shall carry out the demonstration program in fiscal years 1995 through 1997.

    (c) REPORTING REQUIREMENTS- (1) Not later than January 30, 1995, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the demonstration program. The report shall--

      (A) identify the treatment facilities designated pursuant to subsection (a)(2)(A); and

      (B) include a discussion of the plan for the conduct of the program.

    (2) Not later than May 1, 1995, the Secretary of Defense shall submit to the committees referred to in paragraph (1) a plan for evaluating the program, including a schedule for conducting progress reviews and for submitting a final report to the committees.

    (3) The Secretary shall submit to the committees referred to in paragraph (1) a final report in accordance with the plan submitted to such committees pursuant to paragraph (2).

    (d) OVERSIGHT ADVISORY COMMITTEE- (1) Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish an oversight advisory committee to assist and advise the Secretary with regard to the development and conduct of the demonstration program.

    (2) The oversight advisory committee shall include the following members:

      (A) The Comptroller General of the United States, or the designee of such person from within the General Accounting Office.

      (B) The Assistant Secretary of Defense for Health Affairs, or the designee of such person.

      (C) The Surgeons General of the Army, the Air Force, and the Navy, or the designees of such persons.

      (D) No fewer than four independent representatives of the chiropractic health care profession, appointed by the Secretary of Defense.

    (3) The oversight advisory committee shall assist the Secretary of Defense regarding--

      (A) issues involving the professional credentials of the chiropractors participating in the program;

      (B) the granting of professional practice privileges for the chiropractors at the treatment facilities participating in the program;

      (C) the preparation of the reports required under subsection (c); and

      (D) the evaluation of the program.

    (4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the oversight advisory committee.

    (e) DEFINITION- For purposes of this section, the term ‘base closure law’ means each of the following:

      (1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

      (2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

      (3) Section 2687 of title 10, United States Code.

SEC. 732. 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. 733. 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. 734. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF DEFENSE.

    (a) NUMBER OF DOSES FOR INVENTORY- The Secretary of Defense shall direct that the number of doses of oral typhoid vaccine purchased for inventory by the Department of Defense during a fiscal year be not less than the number of doses of parenteral injection typhoid vaccine purchased for 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 medical reasons and notifies Congress of the reasons for the waiver.

SEC. 735. 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, for making determinations whether or not to issue a nonavailability of health care statement. The report shall include an analysis of the effects of such plans on--

      (1) the freedom of choice of covered beneficiaries in selecting 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 Federal Government 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 on which 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. 736. COST ANALYSIS OF TIDEWATER TRICARE DELIVERY OF PEDIATRIC HEALTH CARE TO MILITARY FAMILIES.

    (a) COST ANALYSIS REQUIRED- Not later than October 1, 1995, the Assistant Secretary of Defense (Health Affairs) shall determine the amount of the expenditures made by the Department of Defense for pediatric care for each of fiscal years 1992, 1993, and 1994 under the program for delivery of health care services in the Tidewater region of Virginia carried out pursuant to section 712(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1402). The Assistant Secretary shall determine the total amount of such expenditures and the amount of such expenditures for each case.

    (b) USE OF ANALYSIS- In evaluating changes to the pediatric care furnished by the Department of Defense (including that pediatric care furnished under the Civilian Health and Medical Program of the Uniformed Services) in the Tidewater region of Virginia, the Assistant Secretary may consider the amounts determined under subsection (a) in determining the appropriate standards, limitations, and requirements to apply to the cost of pediatric care under the system.

SEC. 737. STUDY AND REPORT ON FINANCIAL RELIEF FOR CERTAIN MEDICARE-ELIGIBLE MILITARY RETIREES WHO INCUR MEDICARE LATE ENROLLMENT PENALTIES.

    (a) STUDY- The Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall conduct a study regarding possible financial relief from late enrollment penalties for military retirees and dependents of such retirees who--

      (1) reside within the service area (or former service area) of a military installation closed or approved for closure under a base closure law; and

      (2) have failed to enroll in a timely manner in medicare part B due to reliance upon the military treatment facility located at such installation.

    (b) REPORT- Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a report containing the results of the study required under subsection (a). The report shall also contain the following:

      (1) For each military installation studied, the number of military retirees within both a 40 mile and 65 mile catchment area who have failed to enroll in medicare part B and are subjected to late enrollment penalties.

      (2) A determination of the estimated aggregate amount of the penalties in terms of each military installation studied.

      (3) A description of the characteristics of the population that are subject to the penalties, such as age and income level.

      (4) An examination of the appropriateness of waiving the penalties.

      (5) A description of the Department of Defense funds that should be used to pay the penalties if waiver of the penalties is not recommended.

      (6) A proposed program for a special medicare part B enrollment period for affected retirees living near military installations already closed or which are designated for closure in the future.

      (7) Legislative recommendations for implementing a program which removes the financial burden from the medicare-eligible beneficiaries who have been or will be adversely impacted by the closure of a military installation.

    (c) DEFINITIONS- For purposes of this section:

      (1) The term ‘base closure law’ means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

      (2) The term ‘medicare part B’ means the public health insurance program under part B of title XVIII of the Social Security Act.

      (3) The term ‘military treatment facility’ means a facility of a uniformed service referred to in section 1074(a) of title 10, United States Code, in which health care is provided.

SEC. 738. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES FOR COVERED BENEFICIARIES IN 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 a TRICARE managed care support contract for Health Services Regions 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 a military installation under a base closure law (as defined in section 737(c)(1)).

    (c) TRICARE DEFINED- For purposes of this section, the term ‘TRICARE’ means the managed health care program that is established by the Secretary of Defense under the authority of chapter 55 of title 10, United States Code, principally section 1097 of such title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under the Civilian Health and Medical Program of the Uniformed Services.

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

Subtitle A--Acquisition Assistance Programs

SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

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

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

SEC. 802. PILOT MENTOR-PROTEGE PROGRAM.

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

SEC. 803. INFRASTRUCTURE ASSISTANCE FOR HISTORICALLY BLACK COLLEGES AND OTHER MINORITY INSTITUTIONS OF HIGHER EDUCATION.

    Of the amounts authorized to be appropriated for fiscal year 1995 by section 201, $25,000,000 shall be available for such fiscal year for infrastructure assistance to historically Black colleges and universities and minority institutions under section 2323(c)(3) of title 10, United States Code.

SEC. 804. TREATMENT UNDER SUBCONTRACTING PLANS OF PURCHASES FROM QUALIFIED NONPROFIT AGENCIES FOR THE BLIND OR SEVERELY DISABLED.

    Section 2410d of title 10, United States Code, relating to credit under small business subcontracting plans for certain purchases, is amended--

      (1) in subsection (b)--

        (A) in paragraph (2)--

          (i) by striking out ‘and’ at the end of subparagraph (A);

          (ii) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof ‘; and’; and

          (iii) by adding at the end the following new subparagraph:

        ‘(C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled under section 2(c) of such Act (41 U.S.C. 47(c)).’;

        (B) by striking out paragraph (3); and

        (C) by redesignating paragraph (4) as paragraph (3); and

      (2) in subsection (c), by striking out ‘September 30, 1994’ and inserting in lieu thereof ‘September 30, 1997’.

Subtitle B--Other Matters

SEC. 811. DELEGATION OF INDUSTRIAL MOBILIZATION AUTHORITY.

    Section 2538 of title 10, United States Code, is amended--

      (1) by striking out ‘through the Secretary of Defense’ each place it appears in subsections (a), (c), and (d) and inserting in lieu thereof ‘through the head of any department’; and

      (2) in subsection (c)--

        (A) by striking out ‘in the opinion of the Secretary of Defense’ in the matter preceding paragraph (1) and inserting in lieu thereof ‘in the opinion of the head of that department’; and

        (B) by striking out ‘Secretary’ each place it appears in paragraphs (2) and (3) and inserting in lieu thereof ‘head of such department’.

SEC. 812. DETERMINATIONS OF PUBLIC INTEREST UNDER THE BUY AMERICAN ACT.

    (a) CONSIDERATIONS- Section 2533 of title 10, United States Code, is amended--

      (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following:

    ‘(a) In determining under section 2 of title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy American Act’, whether application of title III of such Act is inconsistent with the public interest, the Secretary of Defense shall consider the following:

      ‘(1) The bids or proposals of small business firms in the United States which have offered to furnish American goods.

      ‘(2) The bids or proposals of all other firms in the United States which have offered to furnish American goods.

      ‘(3) The United States balance of payments.

      ‘(4) The cost of shipping goods which are other than American goods.

      ‘(5) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.

      ‘(6) A need to ensure that the Department of Defense has access to advanced, state-of-the-art commercial technology.

      ‘(7) The need to protect the national technology and industrial base, to preserve and enhance the national technology employment base, and to provide for a defense mobilization base.

      ‘(8) A need to ensure that application of different rules of origin for United States end items and foreign end items does not result in an award to a firm other than a firm providing a product produced in the United States.

      ‘(9) Any need--

        ‘(A) to maintain the same source of supply for spare and replacement parts for an end item that qualifies as an American good; or

        ‘(B) to maintain the same source of supply for spare and replacement parts in order not to impair integration of the military and commercial industrial base.

      ‘(10) The national security interests of the United States.’; and

      (2) by redesignating subsection (c) as subsection (b).

    (b) CONFORMING AND CLERICAL AMENDMENTS- (1) The heading of section 2533 of such title is amended to read as follows:

‘Sec. 2533. Determinations of public interest under the Buy American Act’.

    (2) The item relating to such section in the table of sections at the beginning of subchapter V of chapter 148 of such title is amended to read as follows:

      ‘2533. Determinations of public interest under the Buy American Act.’.

SEC. 813. CONTINUATION OF EXPIRING REQUIREMENT FOR ANNUAL REPORT ON THE USE OF COMPETITIVE PROCEDURES FOR AWARDING CERTAIN CONTRACTS TO COLLEGES AND UNIVERSITIES.

    Section 2361 of title 10, United States Code, is amended by adding at the end the following new subsection:

    ‘(c)(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall include--

      ‘(A) a list of each college and university that, during the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and

      ‘(B) the cumulative amount of such contracts received during that period by each such college and university.

    ‘(2) Each report under paragraph (1) shall cover the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report.’.

SEC. 814. CONSOLIDATION AND REVISION OF LIMITATIONS ON PROCUREMENT OF GOODS OTHER THAN AMERICAN GOODS.

    The text of section 2534 of title 10, United States Code, is amended to read as follows:

    ‘(a) LIMITATION ON CERTAIN PROCUREMENTS- The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b):

      ‘(1) BUSES- Multipassenger motor vehicles (buses).

      ‘(2) CHEMICAL WEAPONS ANTIDOTE- Chemical weapons antidote contained in automatic injectors (and components for such injectors).

      ‘(3) AIR CIRCUIT BREAKERS- Air circuit breakers for naval vessels.

      ‘(4) VALVES AND MACHINE TOOLS- Items in the following categories:

        ‘(A) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping for naval surface ships and submarines.

        ‘(B) 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.

      ‘(5) 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.

    ‘(b) MANUFACTURER IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE-

      ‘(1) GENERAL REQUIREMENT- A manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.

      ‘(2) MANUFACTURERS OF CHEMICAL WEAPONS ANTIDOTE- In the case of a procurement of chemical weapons antidote referred to in subsection (a)(2), a manufacturer meets the requirements of this subsection only if the manufacturer--

        ‘(A) meets the requirement set forth in paragraph (1);

        ‘(B) is an existing producer under the industrial preparedness program at the time the contract is awarded;

        ‘(C) has received all required regulatory approvals; and

        ‘(D) when the contract for the procurement is awarded, has in existence in the national technology and industrial base the plant, equipment, and personnel necessary to perform the contract.

    ‘(c) APPLICABILITY TO CERTAIN ITEMS-

      ‘(1) AIR CIRCUIT BREAKERS- Subsection (a) does not apply to a procurement of spares or repair parts needed to support air circuit breakers produced or manufactured outside the United States.

      ‘(2) VALVES AND MACHINE TOOLS- (A) Contracts to which subsection (a) applies include the following contracts for the procurement of items described in paragraph (4) of such subsection:

        ‘(i) A contract for procurement of such an item for use in property under the control of the Department of Defense, including any Government-owned, contractor-operated facility.

        ‘(ii) A contract that is entered into by a contractor on behalf of the Department of Defense for the purpose of providing such an item to another contractor as Government-furnished equipment.

      ‘(B) In any case in which a contract for items described in subsection (a)(4) 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 subsection (a) applies.

      ‘(C) Subsection (a)(4) and this paragraph shall cease to be effective on October 1, 1996.

      ‘(3) BALL BEARINGS AND ROLLER BEARINGS- Subsection (a)(5) and this paragraph shall cease to be effective on October 1, 1995.

    ‘(d) WAIVER AUTHORITY- 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.

    ‘(e) SONOBUOYS-

      ‘(1) LIMITATION- The Secretary of Defense may not procure a sonobuoy manufactured in a foreign country if United States firms that manufacture sonobuoys are not permitted to compete on an equal basis with foreign manufacturing firms for the sale of sonobuoys in that foreign country.

      ‘(2) WAIVER AUTHORITY- The Secretary may waive the limitation in paragraph (1) with respect to a particular procurement of sonobuoys if the Secretary determines that such procurement is in the national security interests of the United States.

      ‘(3) DEFINITION- In this subsection, the term ‘United States firm’ has the meaning given such term in section 2532(d)(1) of this title.

    ‘(f) 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. 815. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR DEFENSE ACQUISITION PROGRAMS.

    (a) GUIDANCE- Before April 1, 1995, the Secretary of Defense shall issue guidance, to apply uniformly throughout the Department of Defense, regarding--

      (1) how to achieve the purposes and intent of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by ensuring timely compliance for major defense acquisition programs (as defined in section 2430 of title 10, United States Code) through (A) initiation of compliance efforts before development begins, (B) appropriate environmental impact analysis in support of each milestone decision, and (C) accounting for all direct, indirect, and cumulative environmental effects before proceeding toward production; and

      (2) how to analyze, as early in the process as feasible, the life-cycle environmental costs for such major defense acquisition programs, including the materials to be used, the mode of operations and maintenance, requirements for demilitarization, and methods of disposal, after consideration of all pollution prevention opportunities and in light of all environmental mitigation measures to which the department expressly commits.

    (b) ANALYSIS- Beginning not later than March 31, 1995, the Secretary of Defense shall analyze the environmental costs of a major defense acquisition process as an integral part of the life-cycle cost analysis of the program pursuant to the guidance issued under subsection (a).

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

    (a) DEMONSTRATION PROJECT- The Secretary of Defense may conduct a demonstration project, beginning October 1, 1994, at Monterey, California, under which any fire-fighting, security-guard, police, public works, utility, or other municipal services needed for operation of any Department of Defense asset in Monterey County, California, may be purchased from government agencies located within the county of Monterey. The purchase of such services for the demonstration project may be made notwithstanding section 2465 of title 10, United States Code.

    (b) EVALUATION OF PROJECT- Not later than December 31, 1996, the Secretary of Defense shall submit to Congress a report evaluating the results of the project and making any recommendations the Secretary considers appropriate, including recommendations on whether the purchase authorities used in conducting the project could be used to provide similar services at other locations.

SEC. 817. PREFERENCE FOR LOCAL RESIDENTS.

    (a) PREFERENCE ALLOWED- In entering into contracts with private entities for services to be performed at a military installation that is affected by closure or alignment under a base closure law, the Secretary of Defense may give preference, consistent with Federal, State, and local laws and regulations, to entities that plan to hire, to the maximum extent practicable, residents of the vicinity of such military installation to perform such contracts. Contracts for which the preference may be given include contracts to carry out environmental restoration activities or construction work at such military installations. Any such preference may be given for a contract only if the services to be performed under the contract at the military installation concerned can be carried out in a manner that is consistent with all other actions at the installation that the Secretary is legally required to undertake.

    (b) DEFINITION- In this section, the term ‘base closure law’ means the following:

      (1) The provisions of title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

      (2) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

    (c) APPLICABILITY- Any preference given under subsection (a) shall apply only with respect to contracts entered into after the date of the enactment of this Act.

    (d) TERMINATION- This section shall cease to be effective on September 30, 1997.

SEC. 818. PAYMENT OF RESTRUCTURING COSTS UNDER DEFENSE CONTRACTS.

    (a) CERTIFICATION OF COST SAVINGS- (1) The Secretary of Defense may not, under section 2324 of title 10, United States Code, pay restructuring costs associated with a business combination undertaken by a defense contractor until the Department of Defense reviews the projected costs and savings that will result for the Department from such business combination and an official of the Department of Defense at the level of Assistant Secretary of Defense or above certifies in writing that projections of future cost savings resulting for the Department from the business combination are based on audited cost data and should result in overall reduced costs to the Department.

    (2) The requirements for a review and certification under paragraph (1) shall not apply with respect to any business combination for which restructuring costs were paid or otherwise approved by the Secretary before August 15, 1994.

    (b) REQUIREMENT FOR REGULATIONS- Not later than January 1, 1995, the Secretary of Defense shall prescribe regulations on the allowability of restructuring costs associated with business combinations under defense contracts.

    (c) MATTERS TO BE INCLUDED- At a minimum, the regulations shall--

      (1) include a definition of the term ‘restructuring costs’; and

      (2) address the issue of contract novations under such contracts.

    (d) CONSULTATION- In developing the regulations, the Secretary of Defense shall consult with the Administrator for Federal Procurement Policy.

    (e) REPORT- Not later than November 13 in each of the years 1995, 1996, and 1997, the Secretary of Defense shall submit to Congress a report on the following:

      (1) A description of the procedures being followed within the Department of Defense for evaluating projected costs and savings under a defense contract resulting from a restructuring of a defense contractor associated with a business combination.

      (2) A list of all defense contractors for which restructuring costs have been allowed by the Department, along with the identities of the firms which those contractors have acquired or with which those contractors have combined since July 21, 1993, that qualify the contractors for such restructuring reimbursement.

      (3) The Department’s experience with business combinations for which the Department has agreed to allow restructuring costs since July 21, 1993, including the following:

        (A) The estimated amount of costs associated with each restructuring that have been or will be treated as allowable costs under defense contracts, including the type and amounts of costs that would not have arisen absent the business combination.

        (B) The estimated amount of savings associated with each restructuring that are expected to be achieved on defense contracts.

        (C) The types of documentation relied on to establish that savings associated with each restructuring will exceed costs associated with the restructuring.

        (D) Actual experience on whether savings associated with each restructuring are exceeding costs associated with the restructuring.

        (E) Identification of any programmatic or budgetary disruption in the Department of Defense resulting from contractor restructuring.

    (f) DEFINITION- In this section, the term ‘business combination’ includes a merger or acquisition.

    (g) COMPTROLLER GENERAL REPORTS- (1) Not later than March 1, 1995, the Comptroller General shall submit to Congress a report on the adequacy of the regulations prescribed under subsection (b) with respect to--

      (A) whether such regulations are consistent with the purposes of this section, other applicable law, and the Federal Acquisition Regulation; and

      (B) whether such regulations establish policies, procedures, and standards to ensure that restructuring costs are paid only when in the best interests of the United States.

    (2) The Comptroller General shall report periodically to Congress on the implementation of the policy of the Department of Defense regarding defense industry restructuring.

    (3) Not later than December 1, 1997, the Comptroller General shall submit to Congress a final report on the policy of the Department of Defense on defense industry restructuring, including any recommendations the Comptroller considers appropriate.

SEC. 819. DEFENSE ACQUISITION PILOT PROGRAM DESIGNATIONS.

    The Secretary of Defense is authorized to designate the following defense acquisition programs for participation, to the extent provided in the Federal Acquisition Streamlining Act of 1994, in the defense acquisition pilot program authorized by section 809 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 note):

      (1) The Fire Support Combined Arms Tactical Trainer program.

      (2) The Joint Direct Attack Munition program.

      (3) The Joint Primary Aircraft Training System.

      (4) Commercial-derivative aircraft.

      (5) Commercial-derivative engine.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Secretarial Matters

SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DEFENSE.

    (a) ESTABLISHMENT OF POSITION- Section 138(a) of title 10, United States Code, is amended by striking out ‘ten’ and inserting in lieu thereof ‘eleven’.

    (b) EXECUTIVE LEVEL IV- Section 5315 of title 5, United States Code, is amended by striking out ‘Assistant Secretaries of Defense (10).’ and inserting in lieu thereof the following:

      ‘Assistant Secretaries of Defense (11).’.

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

    (a) ARMY- Section 3017 of title 10, United States Code, is amended--

      (1) by redesignating paragraph (3) as paragraph (4); and

      (2) by inserting after paragraph (2) the following new paragraph (3):

      ‘(3) The General Counsel of the Department of the Army.’.

    (b) NAVY- Section 5017 of such title is amended--

      (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

      (2) by inserting after paragraph (2) the following new paragraph (3):

      ‘(3) The General Counsel of the Department of the Navy.’.

    (c) AIR FORCE- Section 8017 of such title is amended--

      (1) by redesignating paragraph (3) as paragraph (4); and

      (2) by inserting after paragraph (2) the following new paragraph (3):

      ‘(3) The General Counsel of the Department of the Air Force.’.

SEC. 903. 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 ‘a Comptroller of the Department of Defense’ and inserting in lieu thereof ‘an 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. 904. NATIONAL GUARD BUREAU CHARTER.

    (a) IN GENERAL- Subtitle E of title 10, United States Code, as added by section 1611, is amended by inserting after chapter 1009, as added by section 1661(b), the following new chapter:

‘CHAPTER 1011--NATIONAL GUARD BUREAU

      ‘10501. National Guard Bureau.

      ‘10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade.

      ‘10503. Functions of National Guard Bureau: charter from Secretaries of the Army and Air Force.

      ‘10504. Chief of National Guard Bureau: annual report.

      ‘10505. Vice Chief of the National Guard Bureau.

      ‘10506. Other senior National Guard Bureau officers.

      ‘10508. Definition.

‘Sec. 10501. 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. 10502. 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. 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.

    ‘(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 the grade of lieutenant general.

‘Sec. 10503. 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. 10504. Chief of National Guard Bureau: annual report

    ‘(a) ANNUAL REPORT- The Chief of the National Guard Bureau shall submit to the Secretary of Defense, through the Secretaries of the Army and the Air Force, 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. 10505. 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 the grade of major 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. 10506. 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. 10508. Definition

    ‘In this chapter, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin Islands.’.

    (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 provisions of chapter 1011 of title 10, United States Code, as added by subsection (a), shall become effective, and the repeal made by subsection (c) and the amendment made by subsection (c) shall take effect, at the end of the 90-day period beginning on the date of the enactment of this Act.

Subtitle B--Professional Military Education

SEC. 911. AUTHORITY FOR MARINE CORPS UNIVERSITY TO AWARD THE DEGREE OF MASTER OF MILITARY STUDIES.

    (a) AUTHORITY TO AWARD- (1) Chapter 609 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 7102. Marine Corps University: master of military studies

    ‘(a) AUTHORITY- Upon the recommendation of the Director and faculty of the Command and Staff College of the Marine Corps University, the President of the Marine Corps University may confer the degree of master of military studies upon graduates of the college who fulfill the requirements for the degree.

    ‘(b) REGULATIONS- The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of the Navy.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘7102. Marine Corps University: master of military studies.’.

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

SEC. 912. BOARD OF ADVISORS FOR MARINE CORPS UNIVERSITY.

    The Secretary of the Navy shall establish a board of advisors for the Marine Corps University. The Secretary shall ensure that the board is established so as to meet all requirements of the appropriate regional accrediting association.

SEC. 913. AUTHORITY FOR AIR UNIVERSITY TO AWARD THE DEGREE OF MASTER OF AIRPOWER ART AND SCIENCE.

    (a) AUTHORITY TO AWARD- (1) Chapter 901 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 9317. Air University: master of airpower art and science

    ‘(a) AUTHORITY- Upon the recommendation of the faculty of the School of Advanced Airpower Studies of the Air University, the Commander of the university may confer the degree of master of airpower art and science upon graduates of the school who fulfill the requirements for the degree.

    ‘(b) REGULATIONS- The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of the Air Force.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘9317. Air University: master of airpower art and science.’.

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

SEC. 914. SENSE OF CONGRESS ON GRADE OF HEADS OF SENIOR PROFESSIONAL MILITARY EDUCATION SCHOOLS.

    It is the sense of Congress that an officer serving in a position as the head of one of the senior professional military education schools of the Department of Defense (or of the separate military departments) should, while so serving, hold a grade not less than the grade (or its equivalent) held by the officer serving in that position on the date of the enactment of this Act.

Subtitle C--Other Matters

SEC. 921. COMPOSITION OF RESERVE FORCES POLICY BOARD.

    Section 175(a) of title 10, United States Code, is amended--

      (1) in paragraph (4), by striking out ‘or Regular Marine Corps’ and inserting in lieu thereof ‘and an officer of the Regular Marine Corps each’;

      (2) by striking out ‘and’ at the end of paragraph (8);

      (3) by striking out the period at the end of paragraph (9) and inserting in lieu thereof ‘; and’; and

      (4) by adding at the end the following:

      ‘(10) an officer of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps serving in a position on the Joint Staff who is designated by the Chairman of the Joint Chiefs of Staff.’.

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

    (a) CLOSURE PROHIBITED- The Uniformed Services University of the Health Sciences may not be closed.

    (b) BUDGETARY COMMITMENT TO CONTINUATION- It is the sense of Congress that the Secretary of Defense should budget for the ongoing operation of the Uniformed Services University of the Health Sciences as an institution of professional education that is vital to the education and training each year of significant numbers of personnel of the uniformed services for careers as uniformed services health care providers.

    (c) GAO EVALUATION- Not later than June 1, 1995, the Comptroller General of the United States shall submit to Congress a detailed report on the Uniformed Services University of the Health Sciences. The report shall include the following:

      (1) A comparison of the cost of obtaining physicians for the Armed Forces from the University with the cost of obtaining physicians from other sources.

      (2) An assessment of the retention rate needs of the Armed Forces for physicians in relation to the respective retention rates of physicians obtained from the University and physicians obtained from other sources and the factors that contribute to retention rates among military physicians obtained from all sources.

      (3) A review of the quality of the medical education provided at the University with the quality of medical education provided by other sources of military physicians.

      (4) A review of the overall issue of the special needs of military medicine and how those special needs are being met by physicians obtained from University and physicians obtained from other sources.

      (5) An assessment of the extent to which the University has responded to the 1990 report of the Inspector General of the Department of Defense, including recommendations as to resolution of any continuing issues relating to management and internal fiscal controls of the University, including issues relating to the Henry M. Jackson Foundation for the Advancement of Military Medicine identified in the 1990 report.

      (6) Such other recommendations as the Comptroller General considers appropriate.

SEC. 923. COMMISSION ON ROLES AND MISSIONS OF THE ARMED FORCES.

    (a) SIZE OF COMMISSION- (1) Section 952(b)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1738; 10 U.S.C. 111 note) is amended by striking out ‘seven members’ and inserting in lieu thereof ‘eleven members’.

    (2) Section 956(b)(1) of such Act (107 Stat. 1740) is amended by striking out ‘Four members’ and inserting in lieu thereof ‘Seven members’.

    (3) The additional members of the Commission on Roles and Missions of the Armed Forces authorized by the amendment made by paragraph (1) shall be appointed by the Secretary of Defense not later than 30 days after the date of the enactment of this Act.

    (4) At least one of the additional members of the Commission appointed pursuant to the amendment made by paragraph (1) shall have previous military experience and management experience with the reserve components.

    (b) REVIEW OF RESERVE COMPONENTS- Section 953 of such Act (107 Stat. 1738) is amended--

      (1) in subsection (d)--

        (A) by striking out ‘and’ at the end of paragraph (7);

        (B) by striking out the period at the end of paragraph (8) and inserting in lieu thereof ‘; and’; and

        (C) by adding at the end the following new paragraph:

      ‘(9) the role of the Army National Guard of the United States, the Air National Guard of the United States, and the other reserve components.’;

      (2) in subsection (e)(3), by inserting after ‘Department of Defense’ the following: ‘, including the Army National Guard of the United States, the Air National Guard of the United States, and the other reserve components’; and

      (3) by adding at the end the following new subsection:

    ‘(h) RECOMMENDATIONS CONCERNING RESERVE COMPONENTS- The Commission shall also address the roles, missions, and functions of the Army National Guard of the United States, the Air National Guard of the United States, and the other reserve components within the total force of the Armed Forces, particularly in light of lower budgetary resources that will be available to the Department of Defense in the future.’.

    (c) RECOMMENDATIONS CONCERNING PROGRAMS AND FORCE STRUCTURE- Section 953 of such Act is further amended by adding after subsection (h), as added by subsection (b), the following:

    ‘(i) RECOMMENDATIONS CONCERNING PROGRAMS AND FORCE STRUCTURE- The Commission may also recommend changes that would better align programs and force structure with projected missions and threats.’.

    (d) FFRDC SUPPORT- (1) Section 957 of such Act (107 Stat. 1741) is amended by adding at the end the following new subsection:

    ‘(f) FFRDC SUPPORT- (1) Upon the request of the chairman of the Commission, the Secretary of Defense shall make available to the Commission, without reimbursement, the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense. The cost of the services made available under this subsection may not exceed $20,000,000.

    ‘(2) Notwithstanding any other provision of law, any analytic support or related services provided by such a center to the Commission shall not be subject to any overall ceiling established by this or any other Act on the activities or budgets of such centers.’.

    (2) Such section is further amended by striking out the section heading and inserting in lieu thereof the following:

‘SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.’.

SEC. 924. RENAMING OF THE UNITED STATES COURT OF MILITARY APPEALS AND THE COURTS OF MILITARY REVIEW.

    (a) RENAMING OF THE COURT OF MILITARY APPEALS- (1) The United States Court of Military Appeals shall hereafter be known and designated as the United States Court of Appeals for the Armed Forces.

    (2) Section 941 of title 10, United States Code (article 141 of the Uniform Code of Military Justice), is amended by striking out ‘United States Court of Military Appeals’ and inserting in lieu thereof ‘United States Court of Appeals for the Armed Forces’.

    (b) RENAMING OF THE COURTS OF MILITARY REVIEW- (1) Each Court of Military Review shall hereafter be known and designated as a Court of Criminal Appeals.

    (2) Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended by striking out ‘Court of Military Review’ each place it appears and inserting in lieu thereof ‘Court of Criminal Appeals’.

    (c) CONFORMING AMENDMENTS TO TITLE 10- Title 10, United States Code, is amended as follows:

      (1) The following sections are amended by striking out ‘Court of Military Appeals’ each place it appears and inserting in lieu thereof ‘Court of Appeals for the Armed Forces’: sections 707(a)(2), 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944, 945, and 946(b)(1).

      (2) The following sections are amended by striking out ‘Court of Military Review’ each place it appears and inserting in lieu thereof ‘Court of Criminal Appeals’: sections 707(a)(2), 862(b), 867, 868, 869, 870, 871, and 873.

      (3)(A) The heading of subchapter XII of chapter 47 is amended to read as follows:

‘SUBCHAPTER XII--UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES’.

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

      ‘XII. United States Court of Appeals for the Armed Forces .......941141’.

      (4)(A) The heading of section 866 is amended to read as follows:

‘Sec. 866. Art. 66. Review by Court of Criminal Appeals’.

      (B) The heading of section 867 is amended to read as follows:

‘Sec. 867. Art. 67. Review by the Court of Appeals for the Armed Forces’.

      (C) The items relating to sections 866 and 867 (articles 66 and 67) in the table of sections at the beginning of subchapter IX of chapter 47 are amended to read as follows:

      ‘866. 66. Review by Court of Criminal Appeals.

      ‘867. 67. Review by the Court of Appeals for the Armed Forces.’.

    (d) CONFORMING AMENDMENTS TO OTHER LAWS-

      (1) The following titles of the United States Code are amended by striking out ‘Court of Military Appeals’ each place it appears in the specified sections and inserting in lieu thereof ‘Court of Appeals for the Armed Forces’:

        (A) In title 5, sections 8334(a)(1), 8336(l), 8337(a), 8338(c), 8339(d)(6), and 8339(h) and the table in section 8334(c).

        (B) In title 18, sections 202(e)(2) and 6001(4).

        (C) In title 28, sections 1259 and 2101(g).

        (D) In title 44, section 906.

      (2)(A) The heading of section 1259 of title 28, United States Code, is amended to read as follows:

‘Sec. 1259. Court of Appeals for the Armed Forces; certiorari’.

      (B) The item relating to section 1259 in the table of sections at the beginning of chapter 81 of such title is amended to read as follows:

      ‘1259. Court of Appeals for the Armed Forces; certiorari.’.

      (3) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking out ‘Court of Military Appeals’ each place it appears in paragraphs (8) and (10) and inserting in lieu thereof ‘Court of Appeals for the Armed Forces’.

SEC. 925. 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- (1) Before the budget proposal for the special operations command for any fiscal year is submitted to the Secretary of Defense, the commander of the command shall consult with the Secretaries of the military departments concerning funding for reserve component special operations units. If the Secretary of a military department does not concur in the recommended level of funding with respect to any such unit that is under the jurisdiction of the Secretary, the commander shall include with the budget proposal submitted to the Secretary of Defense the views of the Secretary of the military department concerning such funding.

    ‘(2) Before the budget proposal for a military department for any fiscal year is submitted to the Secretary of Defense, the Secretary of that military department shall consult with the commander of the special operations command concerning funding for special operations forces in the military personnel budget for a reserve component in that military department. If the commander of that command does not concur in the recommended level of funding with respect to reserve component special operations units, the Secretary shall include with the budget proposal submitted to the Secretary of Defense the views of the commander of that command.’.

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.

SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL YEAR 1994.

    (a) AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS- Funds appropriated to the Department of Defense for fiscal year 1994 in chapter 3 of title I of the Emergency Supplemental Appropriations Act of 1994 (Public Law 103-211; 108 Stat. 5) for the purposes stated in section 302 of such Act (108 Stat. 7), relating to the incremental and associated costs of the Department of Defense incurred in connection with ongoing United States operations relating to Somalia, Bosnia, Southwest Asia, and Haiti, are hereby authorized in amounts as follows:

      (1) For Military Personnel:

        (A) For the Army, $6,600,000.

        (B) For the Navy, $19,400,000.

        (C) For the Air Force, $18,400,000.

      (2) For Operation and Maintenance:

        (A) For the Army, $420,100,000.

        (B) For the Navy, $104,800,000.

        (C) For the Air Force, $560,100,000.

        (D) For Defense-wide activities, $21,600,000.

      (3) For Procurement:

        (A) For Aircraft Procurement, Army, $20,300,000.

        (B) For Other Procurement, Army, $200,000.

        (C) For Other Procurement, Air Force, $26,800,000.

    (b) AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR RELIEF OF RWANDA REFUGEES- There is authorized to be appropriated to the Emergency Response Fund, Defense, as emergency supplemental appropriations for fiscal year 1994 the sum of $270,000,000 to be used to reimburse appropriations of the Department of Defense for costs incurred for emergency relief for Rwanda.

SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.

    (a) STATUS OF CLASSIFIED ANNEX- The Classified Annex prepared by the committee of conference to accompany the bill S. 2182 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 ‘not later than 60 days after the date on which’.

SEC. 1005. SUBMISSION OF NEXT FUTURE-YEARS DEFENSE PROGRAM AS REQUIRED BY LAW.

    (a) CONDITION ON OBLIGATION OF ADVANCE PROCUREMENT FUNDS- If, as of the end of the 90-day period beginning on the date on which the President’s budget for fiscal year 1996 is submitted to Congress, the Secretary of Defense has not submitted to Congress the fiscal year 1996 future-years defense program, then during the 30-day period beginning on the last day of such 90-day period the Secretary may not obligate more than 10 percent of the fiscal year 1995 advance procurement funds that are available for obligation as of the end of that 90-day period. If, as of the end of such 30-day period, the Secretary of Defense has not submitted to Congress the fiscal year 1996 future-years defense program, then the Secretary may not make any further obligation of fiscal year 1995 advance procurement funds until such program is submitted to Congress.

    (b) REMOVAL OF CONDITION- If the Secretary submits to Congress the fiscal year 1996 future-years defense program during the 30-day period described in the first sentence of subsection (a), the limitation on obligation of advance procurement funds prescribed in that sentence shall cease to apply effective as of the date of the submission of such program.

    (c) COMPLIANCE CERTIFICATION AS CONDITION OF EFFECTIVE SUBMISSION OF FYDP- A submission of the fiscal year 1996 future-years defense program may not be considered to have been made for purposes of this section unless the submission is accompanied by a certification by the Secretary that such program as submitted satisfies the requirements of section 221(b) of title 10, United States Code. Any such certification may be made by the Secretary only after consultation with the Inspector General of the Department of Defense.

    (d) DEFINITIONS- For purposes of this section:

      (1) The term ‘fiscal year 1996 future-years defense program’ means the multiyear defense program (including associated annexes) covering fiscal years beginning with fiscal year 1996 required (by section 221 of title 10, United States Code) to be submitted to Congress in conjunction with the President’s budget for that fiscal year.

      (2) The term ‘fiscal year 1995 advance procurement funds’ means funds appropriated for the Department of Defense for fiscal year 1995 that are available for advance procurement.

SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR 1994 DEFENSE APPROPRIATIONS.

    (a) AUTHORITY- The amounts described in subsection (b) may be obligated and expended for programs, projects, and activities of the Department of Defense in accordance with fiscal year 1994 defense appropriations except as otherwise provided in subsections (c) and (d).

    (b) COVERED AMOUNTS- The amounts referred to in subsection (a) are the amounts provided for programs, projects, and activities of the Department of Defense in fiscal year 1994 defense appropriations that are in excess of the amounts provided for such programs, projects, and activities in fiscal year 1994 defense authorizations.

    (c) PROGRAMS NOT AVAILABLE FOR OBLIGATION- Amounts described in subsection (b) which remain available for obligation on the date of the enactment of this Act may not be obligated or expended for the following programs, projects, and activities of the Department of Defense (for which amounts were provided in fiscal year 1994 defense appropriations):

      (1) The Guardrail modifications program under ‘Aircraft Procurement, Army’ in the amount of $19,000,000.

      (2) The AT-4 upgrade program under ‘Procurement of Ammunition, Army’ in the amount of $15,000,000.

      (3) The Combat Vehicle Modernization program under ‘Research, Development, Test, and Evaluation, Army’ in the amount of $20,000,000 for incorporation of the Saudi Arabia M1A2 electronic data processing, storage and retrieval system in the United States version of the M1A2 tank.

    (d) MANUFACTURING TECHNOLOGY- The Secretary of Defense may obligate fiscal year 1994 defense appropriations under the Manufacturing Technology Development program which remain available for obligation on the date of the enactment of this Act in accordance with the competition and cost-sharing requirements of subsection (d) of section 2525 of title 10, United States Code, as amended by section 256 of this Act, notwithstanding any other provision of law that specifies (or has the effect of requiring) that a contract be entered into with, or a grant be made to, a particular institution or entity.

    (e) DEFINITIONS- For the purposes of this section:

      (1) FISCAL YEAR 1994 DEFENSE APPROPRIATIONS- The term ‘fiscal year 1994 defense appropriations’ means amounts appropriated or otherwise made available to the Department of Defense for fiscal year 1994 in the Department of Defense Appropriations Act, 1994 (Public Law 103-139).

      (2) FISCAL YEAR 1994 DEFENSE AUTHORIZATIONS- The term ‘fiscal year 1994 defense authorizations’ means amounts authorized to be appropriated for the Department of Defense for fiscal year 1994 in the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160).

Subtitle B--Counter-Drug Activities

SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES.

    (a) EXTENSION OF CURRENT AUTHORITY- 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 1999’.

    (b) CONDITION ON TRANSFER OF FUNDS- Funds appropriated for the Department of Defense may not be transferred to a National Drug Control Program agency account except to the extent provided in a law that specifically states--

      (1) the amount authorized to be transferred;

      (2) the account from which such amount is authorized to be transferred; and

      (3) the account to which such amount is authorized to be transferred.

    (c) CONDITION ON DETAILING PERSONNEL- Personnel of the Department of Defense may not be detailed to another department or agency in order to implement the National Drug Control Strategy unless the Secretary of Defense certifies to Congress that the detail of such personnel is in the national security interest of the United States.

    (d) RELATIONSHIP TO OTHER LAW- A provision of law may not be construed as modifying or superseding the provisions of subsection (b) or (c) unless that provision of law--

      (1) specifically refers to this section; and

      (2) specifically states that such provision of law modifies or supersedes the provisions of subsection (b) or (c), as the case may be.

SEC. 1012. OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND AGENTS OF THE UNITED STATES AND FOREIGN COUNTRIES ENGAGED IN INTERDICTION OF AIRCRAFT USED IN ILLICIT DRUG TRAFFICKING.

    (a) EMPLOYEES AND AGENTS OF FOREIGN COUNTRIES- Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of a foreign country (including members of the armed forces of that country) to interdict or attempt to interdict an aircraft in that country’s territory or airspace if--

      (1) that aircraft is reasonably suspected to be primarily engaged in illicit drug trafficking; and

      (2) the President of the United States, before the interdiction occurs, has determined with respect to that country that--

        (A) interdiction is necessary because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and

        (B) the country has appropriate procedures in place to protect against innocent loss of life in the air and on the ground in connection with interdiction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force directed against the aircraft.

    (b) EMPLOYEES AND AGENTS OF THE UNITED STATES- Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of the United States (including members of the Armed Forces of the United States) to provide assistance for the interdiction actions of foreign countries authorized under subsection (a). The provision of such assistance shall not give rise to any civil action seeking money damages or any other form of relief against the United States or its employees or agents (including members of the Armed Forces of the United States).

    (c) DEFINITIONS- For purposes of this section:

      (1) The terms ‘interdict’ and ‘interdiction’, with respect to an aircraft, mean to damage, render inoperative, or destroy the aircraft.

      (2) The term ‘illicit drug trafficking’ means illicit trafficking in narcotic drugs, psychotropic substances, and other controlled substances, as such activities are described by any international narcotics control agreement to which the United States is a signatory, or by the domestic law of the country in whose territory or airspace the interdiction is occurring.

      (3) The term ‘assistance’ includes operational, training, intelligence, logistical, technical, and administrative assistance.

SEC. 1013. 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 to Congress a report 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 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.

Subtitle C--Naval Vessels and Related Matters

SEC. 1021. 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.

SEC. 1022. TRANSFER OF OBSOLETE VESSEL USS GUADALCANAL.

    (a) AUTHORITY- Notwithstanding subsections (a) and (d) of section 7306 of title 10, United States Code, but subject to subsections (b) and (c) of that section, upon the decommissioning of the USS Guadalcanal (LPH-7), the Secretary of the Navy may transfer the USS Guadalcanal to the not-for-profit organization Intrepid Museum Foundation, New York, New York.

    (b) LIMITATION- The transfer authorized by subsection (a) may be made only if the Secretary determines that the vessel USS Guadalcanal is of no further use to the United States for national security purposes.

    (c) TERMS AND CONDITIONS- The Secretary may require such terms and conditions in connection with the transfer authorized by this section as the Secretary considers appropriate.

SEC. 1023. MARITIME PREPOSITIONING SHIP PROGRAM ENHANCEMENT.

    Section 2218(f) of title 10, United States Code, shall not apply in the case of the purchase of three ships for the purpose of enhancing Marine Corps prepositioning ship squadrons.

Subtitle D--POW/MIA Matters

SEC. 1031. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT AND COLD WAR POW/MIAS WHO REMAIN UNACCOUNTED FOR.

    (a) SINGLE POINT OF CONTACT- The Secretary of Defense shall designate an official of the Department of Defense to serve as a single point of contact within the department--

      (1) for the immediate family members (or their designees) of any unaccounted-for Korean conflict POW/MIA; and

      (2) for the immediate family members (or their designees) of any unaccounted-for Cold War POW/MIA.

    (b) FUNCTIONS- The official designated under subsection (a) shall serve as a liaison between the family members of unaccounted-for Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs and the Department of Defense and other Federal departments and agencies that may hold information that may relate to such POW/MIAs. The functions of that official shall include assisting family members--

      (1) with the procedures the family members may follow in their search for information about the unaccounted-for Korean conflict POW/MIA or unaccounted-for Cold War POW/MIA, as the case may be;

      (2) in learning where they may locate information about the unaccounted-for POW/MIA; and

      (3) in learning how and where to identify classified records that contain pertinent information and that will be declassified.

    (c) ASSISTANCE IN OBTAINING DECLASSIFICATION- The official designated under subsection (a) shall seek to obtain the rapid declassification of any relevant classified records that are identified.

    (d) REPOSITORY- The official designated under subsection (a) shall provide all documents relating to unaccounted-for Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs that are located as a result of the official’s efforts to the National Archives and Records Administration, which shall locate them in a centralized repository.

    (e) DEFINITIONS- For purposes of this section:

      (1) The term ‘unaccounted-for Korean conflict POW/MIA’ means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the Korean conflict, was at any time classified as a prisoner of war or missing-in-action and whose person or remains have not been returned to United States control and who remains unaccounted for.

      (2) The term ‘unaccounted-for Cold War POW/MIA’ means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the period from September 2, 1945, to August 21, 1991, was at any time classified as a prisoner of war or missing-in-action and whose person or remains have not been returned to United States control and who remains unaccounted for.

      (3) The term ‘Korean conflict’ has the meaning given such term in section 101(9) of title 38, United States Code.

SEC. 1032. REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW CONCERNING MISSING PERSONS.

    (a) REVIEW- The Secretary of Defense shall conduct a review of the provisions of chapter 10 of title 37, United States Code, relating to missing persons.

    (b) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the Secretary’s recommendations as to whether those provisions of law should be amended.

    (c) CONSULTATION- The review under subsection (a) shall be carried out in consultation with the Secretaries of the military departments.

SEC. 1033. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND THE MINISTRY OF NATIONAL DEFENSE OF CHINA ON POW/MIA ISSUES.

    (a) FINDINGS- Congress makes the following findings:

      (1) The Select Committee on POW/MIA Affairs of the Senate, in its final report, dated January 13, 1993, concluded--

        (A) that ‘many American POWs had been held in China during the Korean conflict and that foreign POW camps in both China and North Korea were run by Chinese officials’; and

        (B) that ‘given the fact that only 26 Army and 15 Air Force personnel returned from China following the war, the committee can now firmly conclude that the People’s Republic of China surely has information on the fate of other unaccounted for American POWs from the Korean conflict.’.

      (2) The Select Committee on POW/MIA Affairs recommended in that report that ‘the Department of State and Defense form a POW/MIA task force on China similar to Task Force Russia.’.

      (3) Neither the Department of Defense nor the Department of State has held substantive discussions with officials from the People’s Republic of China concerning unaccounted for American prisoners of war of the Korean conflict.

    (b) SENSE OF CONGRESS- It is the sense of Congress that the Secretary of Defense should establish contact with officials of the Ministry of Defense of the People’s Republic of China regarding unresolved issues relating to American prisoners of war and American personnel missing in action as a result of the Korean conflict.

SEC. 1034. INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL OF THE VIETNAM CONFLICT.

    (a) REQUIREMENT- Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the information specified in subsection (b) pertaining to United States personnel involved in the Vietnam conflict who remain not accounted for.

    (b) REQUIRED INFORMATION- The information to be provided in the report under subsection (a) is as follows:

      (1) A complete listing by name of all such personnel about whom it is possible that officials of the Socialist Republic of Vietnam can produce additional information or remains that could lead to the maximum possible accounting for those personnel, as determined on the basis of all information available to the United States Government.

      (2) A complete listing by name of all such personnel about whom it is possible that officials of the Lao People’s Democratic Republic can produce additional information or remains that could lead to the maximum possible accounting for those personnel, as determined on the basis of all information available to the United States Government.

SEC. 1035. REPORT ON POW/MIA MATTERS CONCERNING NORTH KOREA.

    (a) FINDINGS- Congress makes the following findings:

      (1) The Select Committee on POW/MIA Affairs of the Senate concluded in its final report, dated January 13, 1993, that ‘it is likely that a large number of possible MIA remains can be repatriated and several records and documents on unaccounted for POW’s and MIA’s can be provided from North Korea once a joint working level commission is set up under the leadership of the United States.’.

      (2) The Select Committee recommended in such report that ‘the Departments of State and Defense take immediate steps to form this commission through the United Nations Command at Panmunjom, Korea’ and that the ‘commission should have a strictly humanitarian mission and should not be tied to political developments on the Korean peninsula.’.

      (3) In August 1993, the United States and North Korea entered into an agreement concerning the repatriation of remains of United States personnel.

      (4) The establishment of a joint working level commission with North Korea could enhance the prospects for results under the August 1993 agreement.

    (b) REPORT- The Secretary of Defense shall, at the end of January and September of 1995, submit a report to Congress on the status of efforts to obtain information from North Korea concerning United States personnel involved in the Korean conflict who remain not accounted for and to obtain from North Korea any remains of such personnel.

    (c) COMMISSION- The President shall give serious consideration to establishing a joint working level commission with North Korea, consistent with the recommendations of the Select Committee on POW/MIA Affairs of the Senate set forth in the final report of the committee, dated January 13, 1993, to resolve the remaining issues relating to United States personnel who became prisoners of war or missing in action during the Korean conflict.

SEC. 1036. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL FROM THE KOREAN CONFLICT, THE VIETNAM ERA, AND THE COLD WAR.

    Section 1082 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401 note) is amended--

      (1) in subsection (a), by striking out paragraph (2) and inserting in lieu thereof the following:

    ‘(2) Paragraph (1) applies to any record, live-sighting report, or other information in the custody of the official custodian referred to in subsection (d)(3) that may pertain to the location, treatment, or condition of (A) United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service during the Korean conflict, the Vietnam era, or the Cold War, or (B) their remains.’;

      (2) in subsection (c)--

        (A) by striking out the first sentence in paragraph (1) and inserting in lieu thereof the following: ‘In the case of records or other information originated by the Department of Defense, the official custodian shall make such records and other information available to the public pursuant to this section not later than September 30, 1995.’;

        (B) in paragraph (2), by striking out ‘after March 1, 1992,’; and

        (C) in paragraph (3), by striking out ‘a Vietnam-era POW/MIA who may still be alive in Southeast Asia,’ and inserting in lieu thereof ‘any United States personnel referred to in subsection (a)(2) who remain not accounted for but who may still be alive in captivity,’;

      (3) by striking out subsection (d) and inserting in lieu thereof the following:

    ‘(d) DEFINITIONS- For purposes of this section:

      ‘(1) The terms ‘Korean conflict’ and ‘Vietnam era’ have the meanings given those terms in section 101 of title 38, United States Code.

      ‘(2) The term ‘Cold War’ means the period from the end of World War II to the beginning of the Korean conflict and the period from the end of the Korean conflict to the beginning of the Vietnam era.

      ‘(3) The term ‘official custodian’ means--

        ‘(A) in the case of records, reports, and information relating to the Korean conflict or the Cold War, the Archivist of the United States; and

        ‘(B) in the case of records, reports, and information relating to the Vietnam era, the Secretary of Defense.’; and

      (4) by striking out the section heading and inserting:

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

Subtitle E--Miscellaneous Reporting Requirements

SEC. 1041. 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 covered by the report (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 or revocation of a security clearance, the average period from the date of the initial determination and notification to the individual concerned of the denial or revocation of the clearance to the date of the final determination of the denial or revocation, as well as the shortest and longest period in such cases.

      (3) For cases involving the suspension of a security clearance, the average 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 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 for such suspensions.

      (5) The number of cases (shown only for members of the Armed Forces and civilian officers and employees of the Department of Defense) in which an individual who had a security clearance denied or revoked remained a member of the Armed Forces or a civilian officer or employee, as the case may be, at the end of the fiscal year.

      (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 a member of the Armed Forces, a civilian officer or employee, or an employee of a contractor, as the case may be, at the end of the fiscal year.

      (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. 1042. REPORT ON USE OF LOW-ENRICHED URANIUM AS FUEL FOR NAVAL NUCLEAR REACTORS.

    (a) REQUIREMENT OF REPORT- Not later than June 1, 1995, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of low-enriched uranium (instead of highly-enriched uranium) as fuel for naval nuclear reactors.

    (b) CONTENTS OF REPORT- The report shall include an assessment of the following:

      (1) The advantages and disadvantages of the use of low-enriched uranium (instead of highly-enriched uranium) as fuel for naval nuclear reactors.

      (2) The effects of such use on the following:

        (A) Operating performance, ship displacement, and reactor core life, including the full range of plausible trade-offs among operating performance, ship displacement, and reactor core life that may result from such use.

        (B) Construction costs and operating costs.

        (C) Naval fuel cycles.

        (D) Policies of the United States for the nonproliferation of nuclear weapons, including the proposal of the President for a global ban on the production of fissile materials for weapons.

      (3) The implications of such use for current and future United States nuclear-powered naval vessels.

      (4) The complexity and effectiveness of safeguards under naval fuel cycles for low-enriched uranium in relation to the complexity and effectiveness of safeguards under naval fuel cycles for highly-enriched uranium.

      (5) The risk of theft or diversion of low-enriched uranium under naval fuel cycles for low-enriched uranium in relation to the risk of theft or diversion of highly-enriched uranium under naval fuel cycles for highly-enriched uranium.

      (6) The potential savings that might be achieved, and the potential additional costs that might be incurred, as a result of the use of low-enriched uranium instead of highly-enriched uranium as fuel for naval nuclear reactors.

      (7) Any additional information that the Secretary of the Navy considers to be appropriate.

Subtitle F--Congressional Findings, Policies, Commendations, and Commemorations

SEC. 1051. 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 (b);

      (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 (b), including the names of the individuals described in subsection (b).

SEC. 1052. USS INDIANAPOLIS (CA-35): GALLANTRY, SACRIFICE AND A DECISIVE MISSION TO END WW II.

    (a) FINDINGS- Congress makes the following findings:

      (1) The USS INDIANAPOLIS served the people of the United States with valor and distinction throughout World War II 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, and serving with honor and great distinction as Fifth Fleet Flagship under Admiral Raymond Spruance, USN, and Third Fleet Flagship under Admiral 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, thereafter, embarked from Guam for the Leyte Gulf where she was to join with the fleet assembling for the invasion of Japan.

      (6) At 0014 hours on 30 July 1945, the USS INDIANAPOLIS was sunk by enemy torpedo action.

      (7) Of the approximately 900 members of her crew of 1,198 officers and men who survived the initial torpedo attack, only 319 were eventually rescued because, as a result of the ship’s communication ability having been destroyed in the attack, the sinking of the USS INDIANAPOLIS was not discovered for five fateful days, during which the survivors suffered incessant shark attacks, starvation, desperate thirst, and exposure.

      (8) 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.

      (9) 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 Navy.

    (b) RECOGNITION AND COMMENDATION- Congress, acting on behalf of the grateful people of the United States, hereby--

      (1) recognizes the invaluable contributions of the USS INDIANAPOLIS to the ending of World War II; and

      (2) on the occasion of the 50th Anniversary of her tragic sinking, and the dedication of her National Memorial in Indianapolis on July 30th, 1995, commends this gallant ship and her crew for selfless and heroic service to the United States of America.

Subtitle G--Other Matters

SEC. 1061. INCREASED AUTHORITY TO ACCEPT VOLUNTARY SERVICES.

    (a) EXPANSION OF AUTHORITY- The text of section 1588 of title 10, United States Code, is amended to read as follows:

    ‘(a) AUTHORITY TO ACCEPT SERVICES- Subject to subsection (b) and notwithstanding section 1342 of title 31, the Secretary concerned may accept from any person the following services:

      ‘(1) Voluntary medical services, dental services, nursing services, or other health-care related services.

      ‘(2) Voluntary services to be provided for a museum or a natural resources program.

      ‘(3) Voluntary services to be provided for programs providing services to members of the armed forces and the families of such members, including the following programs:

        ‘(A) Family support programs.

        ‘(B) Child development and youth services programs.

        ‘(C) Library and education programs.

        ‘(D) Religious programs.

        ‘(E) Housing referral programs.

        ‘(F) Programs providing employment assistance to spouses of such members.

        ‘(G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph.

    ‘(b) REQUIREMENTS AND LIMITATIONS- (1) The Secretary concerned shall notify the person of the scope of the services accepted.

    ‘(2) With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned shall--

      ‘(A) supervise the person to the same extent as the Secretary would supervise a compensated employee providing similar services; and

      ‘(B) ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable law or regulations to provide such services.

    ‘(3) With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned may not--

      ‘(A) place the person in a policy-making position; or

      ‘(B) except as provided in subsection (e), compensate the person for the provision of such services.

    ‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS PROVIDING SERVICES- The Secretary concerned may recruit and train persons to provide voluntary services accepted under subsection (a).

    ‘(d) STATUS OF PERSONS PROVIDING SERVICES- (1) Subject to paragraph (3), while providing voluntary services accepted under subsection (a) or receiving training under subsection (c), a person, other than a person referred to in paragraph (2), shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:

      ‘(A) Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries).

      ‘(B) Section 2733 of this title and chapter 171 of title 28 (relating to claims for damages or loss).

      ‘(C) Section 522a of title 5 (relating to maintenance of records on individuals).

      ‘(D) Chapter 11 of title 18 (relating to conflicts of interest).

    ‘(2) Subject to paragraph (3), while providing a nonappropriated fund instrumentality of the United States with voluntary services accepted under subsection (a), or receiving training under subsection (c) to provide such an instrumentality with services accepted under subsection (a), a person shall be considered an employee of that instrumentality only for the following purposes:

      ‘(A) Subchapter II of chapter 81 of title 5 (relating to compensation of nonappropriated fund employees for work-related injuries).

      ‘(B) Section 2733 of this title and chapter 171 of title 28 (relating to claims for damages or loss).

    ‘(3) A person providing voluntary services accepted under subsection (a) shall be considered to be an employee of the Federal Government under paragraph (1) or (2) only with respect to services that are within the scope of the services so accepted.

    ‘(4) For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5 (pursuant to this subsection) to a person providing voluntary services accepted under subsection (a), the monthly pay of the person for such services shall be deemed to be the amount determined by multiplying--

      ‘(A) the average monthly number of hours that the person provided the services, by

      ‘(B) the minimum wage determined in accordance with section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).

    ‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES- The Secretary concerned may provide for reimbursement of a person for incidental expenses incurred by the person in providing voluntary services accepted under subsection (a). The Secretary shall determine which expenses are eligible for reimbursement under this subsection. Any such reimbursement may be made from appropriated or nonappropriated funds.’.

    (b) PILOT PROGRAM- (1) The Secretary of Defense shall conduct a pilot program, for not less than six months, to accept voluntary services under the authority provided in section 1588 of title 10, United States Code, as amended by subsection (a). The purpose of the pilot program shall be to evaluate the policies and procedures of the Department of Defense for the acceptance of voluntary services under such section. The pilot program shall involve a variety of services, programs, and locations.

    (2) The Secretary may not accept voluntary services under section 1588 of title 10, United States Code (other than services that may have been accepted under such section before the date of the enactment of this Act), and may not issue regulations to implement the amendment to such section made by subsection (a), until after the termination of the pilot program.

    (3) Not later than 60 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the pilot program.

    (c) CONFORMING AMENDMENT- Section 8171(a) of title 5, United States Code, is amended by inserting ‘, or to a volunteer providing such an instrumentality with services accepted under section 1588 of title 10,’ after ‘described by section 2105(c) of this title’.

SEC. 1062. CIVIL AIR PATROL.

    (a) PROVISION OF FUNDS- Subsection (b) of section 9441 of title 10, United States Code, is amended--

      (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (9), (10), (11), and (12), respectively; and

      (2) by inserting after paragraph (7) the following new paragraph (8):

      ‘(8) provide funds for the national headquarters of the Civil Air Patrol, including funds for the payment of staff compensation and benefits, administrative expenses, travel, per diem and allowances, rent and utilities, and other operational expenses;’.

    (b) LIAISONS- Such section is further amended by adding at the end the following new subsection:

    ‘(d)(1) The Secretary of the Air Force may authorize the Civil Air Patrol to employ, as administrators and liaison officers, persons retired from service in the Air Force whose qualifications are approved under regulations prescribed by the Secretary and who request such employment.

    ‘(2) A person employed pursuant to paragraph (1) may receive the person’s retired pay and an additional amount for such employment that is not more than the difference between the person’s retired pay and the pay and allowances the person would be entitled to receive if ordered to active duty in the grade in which the person retired from service in the Air Force. The additional amount shall be paid to the Civil Air Patrol by the Secretary from funds appropriated for that purpose.

    ‘(3) A person employed pursuant to paragraph (1) may not, while so employed, be considered to be on active duty or inactive-duty training for any purpose.’.

SEC. 1063. PROHIBITION ON THE PURCHASE OF SURETY BONDS AND OTHER GUARANTEES FOR THE DEPARTMENT OF DEFENSE.

    (a) PROHIBITION- Subchapter I of chapter 134 of title 10, United States Code, as amended by section 372, is further amended by adding at the end the following new section:

‘Sec. 2248. Purchase of surety bonds: prohibition

    ‘Funds appropriated or otherwise made available to the Department of Defense for fiscal years 1995 through 1999 may not be obligated or expended for the purchase of surety bonds or other guarantees of financial responsibility in order to guarantee the performance of any direct function of the Department of Defense.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

      ‘2248. Purchase of surety bonds: prohibition.’.

SEC. 1064. REVISION OF AUTHORITY FOR USE OF NAVY INSTALLATIONS TO PROVIDE PRERELEASE EMPLOYMENT TRAINING TO NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS.

    (a) SOURCES OF TRAINING- Subsection (b) of section 1374 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1821; 10 U.S.C. 5013 note) is amended--

      (1) by striking out the subsection caption and inserting in lieu thereof ‘SOURCES OF TRAINING- ’; and

      (2) by inserting before the period at the end the following: ‘or may provide such training directly at such installations by agreement with the State concerned’.

    (b) LIABILITY AND INDEMNIFICATION- Subsection (e) of such section is amended to read as follows:

    ‘(e) LIABILITY AND INDEMNIFICATION- (1) The Secretary may not enter into a cooperative agreement under subsection (b) with a nonprofit organization for the participation of that organization in the demonstration project unless the agreement includes provisions that the nonprofit organization shall--

      ‘(A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of prerelease employment training by the organization under the demonstration project; and

      ‘(B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from or in connection with the demonstration project.

    ‘(2) The Secretary may not enter into an agreement under subsection (b) with the State concerned for the provision of prerelease employment training directly by the Secretary unless the agreement with the State concerned includes provisions that the State shall--

      ‘(A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage results from a wrongful act or omission of Federal Government personnel; and

      ‘(B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from, or in connection with, the provision of the training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal Government personnel.’.

SEC. 1065. DEMONSTRATION PROJECT FOR USE OF ARMY INSTALLATIONS TO PROVIDE PRERELEASE EMPLOYMENT TRAINING TO NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS.

    (a) DEMONSTRATION PROJECT AUTHORIZED- The Secretary of the Army may conduct a demonstration project to test the feasibility of using Army facilities to provide employment training to nonviolent offenders in a State penal system before their release from incarceration. The demonstration project shall be limited to not more than three military installations under the jurisdiction of the Secretary.

    (b) SOURCES OF TRAINING- The Secretary may enter into a cooperative agreement with one or more private, nonprofit organizations for purposes of providing at the military installations included in the demonstration project the prerelease employment training authorized under subsection (a) or may provide such training directly at such installations by agreement with the State concerned.

    (c) USE OF FACILITIES- Under a cooperative agreement entered into under subsection (b), the Secretary may lease or otherwise make available to a nonprofit organization participating in the demonstration project at a military installation included in the demonstration project any real property or facilities at the installation that the Secretary considers to be appropriate for use to provide the prerelease employment training authorized under subsection (a). Notwithstanding section 2667(b)(4) of title 10, United States Code, the use of such real property or facilities may be permitted with or without reimbursement.

    (d) ACCEPTANCE OF SERVICES- Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept voluntary services provided by persons participating in the prerelease employment training authorized under subsection (a).

    (e) LIABILITY AND INDEMNIFICATION- (1) The Secretary may not enter into a cooperative agreement under subsection (b) with a nonprofit organization for the participation of that organization in the demonstration project unless the agreement includes provisions that the nonprofit organization shall--

      (A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of prerelease employment training by the organization under the demonstration project; and

      (B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from or in connection with the demonstration project.

    (2) The Secretary may not enter into an agreement under subsection (b) with the State concerned for the provision of prerelease employment training directly by the Secretary unless the agreement with the State concerned includes provisions that the State shall--

      (A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage results from a wrongful act or omission of Federal Government personnel; and

      (B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from, or in connection with, the provision of the training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal Government personnel.

    (f) REPORT- Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report evaluating the success of the demonstration project and containing such recommendations with regard to the termination, continuation, or expansion of the demonstration project as the Secretary considers appropriate.

SEC. 1066. INTERAGENCY PLACEMENT PROGRAM FOR FEDERAL EMPLOYEES AFFECTED BY REDUCTIONS IN FORCE.

    (a) STUDY AND REPORT- (1) The Director of the Office of Personnel Management shall conduct a study on the feasibility of establishing a mandatory interagency placement program for Federal employees affected by reductions in force.

    (2) For purposes of paragraph (1), an interagency placement program is a program that provides a system to require the offering of a position in an agency to an employee of another agency affected by a reduction in force if--

      (A) the position cannot be filled through a placement program of the agency in which the position is located;

      (B) the employee to whom the offer is made is qualified for the offered position; and

      (C) the geographic location of the offered position is within the commuting area of--

        (i) the residence of the employee; or

        (ii) the employee’s present or last-held position.

    (3) The Director shall carry out this subsection in consultation with the Secretary of Defense.

    (4) The Director shall seek comments from the heads of all appropriate Federal agencies in conducting the study required by paragraph (1).

    (5) Not later than six months after the date of the enactment of this Act, the Director shall submit to Congress a report on the results of the study required by paragraph (1) and on any action taken by the Director under subsection (b).

    (b) AGREEMENTS TO ESTABLISH INTERAGENCY PLACEMENT PROGRAM- (1) The Director may establish a Government-wide interagency placement program for Federal employees affected by reductions in force if, during the 6-month period beginning on the date of the enactment of this Act, the Director, in consultation with the Secretary of Defense, determines that such a program is feasible. To carry out the program, the Director may enter into an agreement with the head of each agency that agrees to participate in the program. If the Director establishes a program under this subsection, it is not necessary that the program be an interagency placement program within the meaning of subsection (a)(2).

    (2) If the Director establishes a program pursuant to paragraph (1), the report required by subsection (a)(5) shall identify each agency that does not agree to participate in the program and the reasons of the head of that agency for not agreeing to participate.

    (c) DEFINITIONS- For purposes of this section:

      (1) The term ‘agency’ means an Executive agency as defined in section 105 of title 5, United States Code, except that such term does not include the General Accounting Office.

      (2) The term ‘Federal employees affected by reductions in force’ means Federal employees who are separated, or are scheduled to be separated, from service under a reduction in force pursuant to--

        (A) regulations prescribed under section 3502 of title 5, United States Code; or

        (B) procedures established under section 3595 of such title.

SEC. 1067. NATIONAL MUSEUM OF HEALTH AND MEDICINE.

    (a) PURPOSE- It is the purpose of this section--

      (1) to display and interpret the collections of the Armed Forces Institute of Pathology currently located at Walter Reed Medical Center;

      (2) to designate the public facility of the Armed Forces Institute of Pathology as the National Museum of Health and Medicine; and

      (3) to designate a site for the relocation of the public facility of the National Museum of Health and Medicine so that it may serve as a central resource of instruction about, and be involved in, the critical health issues which confront all American citizens.

    (b) DESIGNATION AND SITE OF FACILITY- The public facility of the Armed Forces Institute of Pathology--

      (1) shall also be known as the National Museum of Health and Medicine; and

      (2) shall be located on or near the Mall on land owned by the Federal Government or the District of Columbia (or both) in the District of Columbia.

    (c) RULE OF CONSTRUCTION- Nothing in this section shall be construed as limiting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts.

    (d) DEFINITION- As used in this section, the term ‘the Mall’ means--

      (1) the land designated as ‘Union Square’, United States Reservation 6A; and

      (2) the land designated as the ‘Mall’, United States Reservations 3, 4, 5, and 6.

    (e) SENSE OF THE CONGRESS-

      (1) FINDINGS- Congress makes the following findings:

        (A) The National Museum of Health and Medicine Foundation, Inc. (a private, nonprofit organization having for its primary purpose the relocation to the Mall and revitalization of the National Museum of Health and Medicine), the Armed Forces Institute of Pathology, and the Public Health Service have jointly supported planning to relocate the Museum to a site on land that is located east of and adjacent to the Hubert H. Humphrey Building (100 Independence Avenue, Southwest, in the District of Columbia).

        (B) The National Museum of Health and Medicine Foundation, Inc., is deserving of the encouragement and support of the American people in its effort to relocate the National Museum of Health and Medicine to a site on land that is located east of and adjacent to the Hubert H. Humphrey Building, and in its effort to raise funds for a revitalized Museum to inspire increasing numbers of Americans to lead healthy lives through improved public understanding of health and the medical sciences.

      (2) LOCATION- It is the sense of Congress that, subject to appropriate approvals by the National Capital Planning Commission and the Commission of Fine Arts, the National Museum of Health and Medicine should be relocated to a site on land that is located east of and adjacent to the Hubert H. Humphrey Building for the purpose of educating the American public concerning health and the medical sciences.

SEC. 1068. ASSIGNMENTS OF EMPLOYEES BETWEEN FEDERAL AGENCIES AND FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    (a) AUTHORITY- Section 3371(4) of title 5, United States Code, is amended--

      (1) by striking out ‘or’ at the end of subparagraph (B);

      (2) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof ‘; or’; and

      (3) by adding at the end the following new subparagraph:

        ‘(D) a federally funded research and development center.’.

    (b) PROVISIONS GOVERNING ASSIGNMENTS- Section 3372 of title 5, United States Code, is amended by adding at the end the following new subsection:

    ‘(e) Under regulations prescribed pursuant to section 3376 of this title--

      ‘(1) an assignment of an employee of a Federal agency to an other organization or an institution of higher education, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a Federal agency to a State or local government, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a Federal agency to a State or local government, except that the rate of pay of an employee assigned to a federally funded research and development center may not exceed the rate of pay that such employee would be paid for continued service in the position in the Federal agency from which assigned; and

      ‘(2) an assignment of an employee of an other organization or an institution of higher education to a Federal agency, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a State or local government to a Federal agency, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a State or local government to a Federal agency.’.

SEC. 1069. REVIEW OF THE BOTTOM UP REVIEW AND THE FUTURE YEAR DEFENSE PROGRAM AND ESTABLISHMENT OF NEW FUNDING REQUIREMENTS AND PRIORITIES.

    (a) FINDINGS- Congress finds as follows:

      (1) United States defense policy is to maintain the capability to fight and win two major regional contingencies nearly simultaneously.

      (2) The Secretary of Defense conducted the Bottom Up Review during 1993 to structure the Armed Forces for the Post-Cold War period.

      (3) The United States military force structure has shrunk dramatically since the 1991 Persian Gulf War and some critical force enhancements will not be deployed for several years.

      (4) The Secretary of Defense (in testimony before the Committee on Armed Services of the Senate on February 2, 1994) stated that under current inflation assumptions the Department of Defense’s Future Years Defense Program includes approximately $20,000,000,000 more in program funding requests for fiscal years 1996 through 1999 than the defense funding levels projected for the President’s budget for those years.

      (5) The Secretary of the Navy (in testimony before the Committee on Armed Services of the Senate on March 8, 1994) stated that by 1999 the Department of the Navy will operate only 330 ships, rather than the 346 ships projected in the report on the Bottom Up Review.

      (6) The Secretary of Defense, in his January 1994 Annual Report to the President and Congress, reported that the Air Force will field approximately 100 heavy bombers, rather than the ‘up to 184’ assumed in the report on the Bottom Up Review.

      (7) The plans of the Department of Defense for a major regional contingency in the Far East call for up to 5 Army divisions and the plans for a major regional contingency in Southwest Asia call for up to 7 Army divisions, while the report on the Bottom Up Review plans for an Army of 10 active divisions and at least 15 enhanced-readiness Army National Guard brigades.

      (8) The President’s budget for fiscal year 1995 assumes the Department of Defense will save at least $6,000,000,000 from procurement reform.

      (9) The first and second rounds of the Base Realignment and Closure Commission have not yet achieved the level of savings initially estimated, and the 1995 base closure round may cost significantly more than is assumed in the President’s budget.

      (10) United States forces are presently involved in humanitarian relief efforts in or around Rwanda, in a number of air and maritime operations relating to the United Nations operations in Bosnia, and in a variety of operations relating to Iraq, Haiti, Somalia, and Macedonia.

      (11) United States forces may be called upon in the future to conduct additional humanitarian and relief missions.

      (12) United States forces may be called upon to conduct even more significant operations to enforce a peace agreement in Bosnia and to facilitate the departure from Haiti of the military leadership.

      (13) Many of the forces that are participating in these other-than-war or nontraditional operations would be required early on in the event of one or more major regional contingencies.

      (14) There are inevitable tradeoffs among spending on force structure, readiness, modernization, personnel, pay, and quality of life.

    (b) SENSE OF CONGRESS- In light of the findings in subsection (a), it is the sense of Congress that--

      (1) within 30 days after enactment of this Act, the Secretary of Defense should initiate a review of the assumptions and conclusions of the President’s budget, the report on the Bottom Up Review, and the Future Years Defense Program, such review to include consideration of the various other-than-war or nontraditional operations in which the United States forces are or may be participating;

      (2) not more than 180 days after the review is initiated, the Secretary should submit to the President and Congress a report which--

        (A) describes in detail the force structure required to fight and win two major regional contingencies nearly simultaneously in light of other ongoing or potential operations;

        (B) may also address possible changes in national security planning or programs, including revised alliance arrangements, increased reliance on reserve component forces, or adjustments to the national military strategy; and

        (C) includes an evaluation of an Army configured as 12 active duty divisions, a number of which would be rounded out with National Guard combat units;

      (3) not more than 60 days after receipt of the report from the Secretary of Defense, the President should submit to Congress a report detailing the steps the President intends to take to meet the force structure described in the Secretary’s report;

      (4) future-years defense budgets submitted to Congress by the President should reflect the funding level necessary to support the force structure described in the report;

      (5) funding for national defense for fiscal years 1995 through 1997 should be established at a level sufficient to support a force structure adequate to meet a two-war strategy and to ensure that the United States does not have a hollow force;

      (6) the force structure to meet the requirements of a two-war strategy represents the minimum level which should be maintained unless the strategy is modified;

      (7) whenever possible and consistent with the safety of United States personnel, in deploying military forces in support of operations other than war or other nontraditional operations, the President should seek to use forces other than those identified for early deployment in the event of one or more major regional contingencies; and

      (8) the President should be willing to increase defense spending if required to meet new or existing threats.

SEC. 1070. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) TITLE 10, UNITED STATES CODE- Title 10, United States Code, is amended as follows:

      (1) Section 113(e)(2) is amended by striking out ‘section 104’ and inserting in lieu thereof ‘section 108’.

      (2) Section 133a(b) is amended by inserting ‘and Technology’ before ‘in the performance of’.

      (3) Section 580a(a) is amended by striking out ‘the date of the enactment of this section’ and inserting in lieu thereof ‘November 30, 1993,’.

      (4) The section 1058 added by section 551(a) of Public Law 103-160 (107 Stat. 1661) is amended in subsection (d) by striking out ‘subject to this chapter’ and inserting in lieu thereof ‘subject to the Uniform Code of Military Justice (chapter 47 of this title)’.

      (5)(A) The section 1058 added by section 554(a) of Public Law 103-160 (107 Stat. 1663) is redesignated as section 1059.

      (B) The item relating to that section in the table of sections at the beginning of chapter 53 is revised to conform to the redesignation made by subparagraph (A).

      (6)(A) The section 1058 added by section 1433(b) of Public Law 103-160 (107 Stat. 1834) is redesignated as section 1060.

      (B) The item relating to that section in the table of sections at the beginning of chapter 53 is revised to conform to the redesignation made by subparagraph (A).

      (7) Section 1151(h)(3)(B)(v) is amended by inserting ‘school’ after ‘For the fifth’.

      (8)(A) The heading of section 1482a is amended so that the first letter of the fifth word is lower case.

      (B) The item relating to that section in the table of sections at the beginning of chapter 75 is revised to conform to the amendment made by subparagraph (A).

      (9) Section 2172(a)(3) is amended--

        (A) by striking out ‘health education assistance loan’ and inserting in lieu thereof ‘health professions education loan’;

        (B) by striking out ‘part C’ and inserting in lieu thereof ‘part A’; and

        (C) by striking out ‘42 U.S.C. 294’ and inserting in lieu thereof ‘42 U.S.C. 292’.

      (10) Section 2350j is amended--

        (A) in subsection (a), by inserting a comma after ‘Secretary of State’ the second place it appears; and

        (B) in subsection (f), by striking out ‘the’ after ‘shall submit to’.

      (11) Section 2399 is amended--

        (A) in subsection (b)(5) and (c)(1), by striking out ‘section 138(a)(2)(B)’ and inserting in lieu thereof ‘section 139(a)(2)(B)’;

        (B) in subsection (g), by striking out ‘section 138’ and inserting in lieu thereof ‘section 139’; and

        (C) in subsection (h)(1), by striking out ‘section 138(a)(2)(A)’ and inserting in lieu thereof ‘section 139(a)(2)(A)’.

      (12) Section 2502(d) is amended by striking out ‘Executive’ and inserting in lieu thereof ‘executive’.

      (13)(A) Section 2540, as added by subsection (a) of section 822 of Public Law 103-160 (107 Stat. 1705), and section 2541, as added by subsection (b) of that section, are redesignated as sections 2539a and 2539b, respectively.

      (B) The items relating to those sections in the table of sections at the beginning of subchapter V of chapter 148 are revised to conform to the redesignations made by subparagraph (A).

      (14) Section 2865(a)(4) is amended by adding a period at the end.

      (15) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1) are amended by striking out ‘section 137(c)’ and inserting in lieu thereof ‘section 135(c)’.

      (16) The item relating to section 3082 in the table of sections at the beginning of chapter 307 (as added by section 521(b) of Public Law 103-160 (107 Stat. 1655)) is amended by striking out ‘3082.’ the second place it appears.

      (17) Section 9021(c)(1) is amended by striking out ‘after the end of the 90-day period beginning on the date of the enactment of this section’ and inserting in lieu thereof ‘after February 27, 1990’.

    (b) PUBLIC LAW 103-160- Effective as of November 30, 1993, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) is amended as follows:

      (1) Section 507(d)(3) (107 Stat. 1647) is amended by inserting ‘note’ after ‘10 U.S.C. 1293’.

      (2) Section 524(c) (107 Stat. 1657) is amended by inserting ‘his’ in the first quoted matter therein after ‘termination of’.

      (3) Section 551(a)(1) (107 Stat. 1661) is amended by striking out ‘Section’ and inserting in lieu thereof ‘Chapter’.

      (4) Section 554(a)(2) (107 Stat. 1666) is amended by striking out ‘inserting after the item relating to section 1056’ and inserting in lieu thereof ‘adding at the end’.

      (5) Section 554(b) (107 Stat. 1666) is amended--

        (A) in paragraph (1), by striking out ‘Section 1058 of title 10, United States Code, as added by subsection (a),’ and inserting in lieu thereof ‘The section of title 10, United States Code, added by subsection (a)(1)’; and

        (B) in paragraph (2), by striking out ‘1058’.

      (6) Section 713(a)(1) (107 Stat. 1689) is amended by striking out ‘third party’ in the first quoted matter therein and inserting in lieu thereof ‘third-party’.

      (7) Section 931(c)(1) (107 Stat. 1734) is amended by inserting close quotation marks before the period at the end.

      (8) Section 931(f) (107 Stat. 1734) is amended--

        (A) by striking out ‘Public Law 101-180’ in paragraphs (1) and (2) and inserting in lieu thereof ‘Public Law 100-180’; and

        (B) by inserting ‘1305(b)’ in paragraph (3) after ‘Such section’.

      (9) Section 1001(a) (107 Stat. 1742) is amended by adding close quotation marks and a period at the end.

      (10) Section 1314(3) (107 Stat. 1786) is amended by striking out ‘adding at the end’ and inserting in lieu thereof ‘inserting after subsection (f)’.

      (11) Section 1333(e)(4)(B)(i) (107 Stat. 1799) is amended by inserting a close parenthesis before the semicolon.

      (12) Section 2854(1) (107 Stat. 1908) is amended by striking out ‘the’ in the second quoted matter therein.

      (13) Section 2902(a)(2) (107 Stat. 1911) is amended by striking out ‘Section 204(b)(7)(A)(ii)’ and inserting in lieu thereof ‘Subparagraph (A)(i) of section 204(b)(7)’.

      (14) Section 2912(b)(2) (107 Stat. 1925) is amended by striking out ‘section 637(d)(1)’ and inserting in lieu thereof ‘section 8(d)(1)’.

      (15) Section 2926(d) (107 Stat. 1932) is amended by striking out ‘Subsection (d)(1)(2)(C)(iii)’ and inserting in lieu thereof ‘Subsection (d)(2)(C)(iii)’.

      (16) Section 3159(a) (107 Stat. 1956) is amended--

        (A) in paragraph (1), by inserting a close parenthesis after ‘(15 U.S.C. 637(d)’; and

        (B) in paragraph (3)--

          (i) by inserting a close parenthesis after ‘(20 U.S.C. 1135d-5(3))’; and

          (ii) by inserting a close parenthesis after ‘(20 U.S.C. 1059c(b)(1))’.

    (c) PUBLIC LAW 102-484- Effective as of October 23, 1992, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) is amended as follows:

      (1) Section 1505(e)(2) (22 U.S.C. 5859a(e)(2) is amended by striking out ‘and under subsection (d)(4)’.

      (2) Section 3161 (42 U.S.C. 7274h; 106 Stat. 2644) is amended--

        (A) by striking out ‘work force’ each place it appears in subsections (a), (c), and (d) and inserting in lieu thereof ‘workforce’;

        (B) by striking out ‘work force’ in the heading and inserting in lieu thereof ‘workforce’; and

        (C) by striking out ‘Part D’ in subsection (c)(6)(B) and inserting in lieu thereof ‘division D’.

      (3) Section 3302 (106 Stat. 2649) is amended by striking out ‘Bauxite, Refactory’ in the table in subsection (a) and inserting in lieu thereof ‘Bauxite, Refractory’.

      (4) Section 3315 (106 Stat. 2654) is amended by inserting ‘of 1950’ after ‘Defense Production Act’ the first place it appears.

    (d) OTHER LAWS-

      (1) Section 921 of Public Law 102-190 (10 U.S.C. 201 note; 105 Stat. 1452) is amended by striking out ‘section 136(b)(3)’ in subsection (a) and inserting in lieu thereof ‘section 138(b)(3)’.

      (2) Section 2903(c)(6) of Public Law 101-510 (10 U.S.C. 2687 note) is amended by striking out ‘House or Representatives’ and inserting in lieu thereof ‘House of Representatives’.

      (3) Section 653(b)(2) of Public Law 100-456 (10 U.S.C. 1448 note) is amended by striking out ‘section 411(a)’ and inserting in lieu thereof ‘section 1311(a)’.

      (4) Section 4(c) of Public Law 92-425 (10 U.S.C. 1448 note) is amended by striking out ‘section 3112’ and ‘section 541(b)’ and inserting in lieu thereof ‘section 5312’ and ‘section 1541(b)’, respectively.

      (5) Section 709 of title 32, United States Code, is amended--

        (A) in subsection (e)(6), by striking out ‘thirty days prior to’ and inserting in lieu thereof ‘30 days before’; and

        (B) in subsection (g)(2), by striking out ‘clause (1) of this subsection’ and inserting in lieu thereof ‘paragraph (1)’.

      (6) Section 908(c) of title 37, United States Code, is amended by striking out ‘section 1058’ and inserting in lieu thereof ‘section 1060’.

      (7) Section 182(a) of Public Law 103-236 (108 Stat. 418) is amended by striking out ‘section 1058, title 10, United States Code, before the date of enactment of this Act,’ and inserting in lieu thereof ‘section 1060 of title 10, United States Code, before April 30, 1994,’.

      (8) Subchapter II of chapter 81 of title 5, United States Code, is amended as follows:

        (A) Section 8171 is amended--

          (i) in subsection (a)--

            (I) by striking out ‘Chapter 18 of title 33’ in the first sentence and inserting in lieu thereof ‘The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.)’;

            (II) by striking out ‘section 902(2) of title 33’ in the first sentence and inserting in lieu thereof ‘section 2(2) of such Act (33 U.S.C. 902(2))’; and

            (III) by striking out ‘section 903(a) of title 33 which follows the first comma’ in the second sentence and inserting in lieu thereof ‘section 3(a) of such Act (33 U.S.C. 903(3)) which follows the second comma’;

          (ii) in subsection (b), by striking out ‘section 902(4) of title 33’ and inserting in lieu thereof ‘section 2(4) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(4))’;

          (iii) in subsection (c)(1), by striking out ‘section 939(b) of title 33’ and inserting in lieu thereof ‘39(b) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 939(b))’; and

          (iv) in subsection (d), by striking out ‘sections 918 and 921 of title 33’ and inserting in lieu thereof ‘sections 18 and 21 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 18 and 21, respectively)’.

        (B) Sections 8172 and 8173 are amended by striking out ‘section 902(2) of title 33’ and inserting in lieu thereof ‘section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))’.

    (e) REFERENCES IN TITLE 10 TO SECTIONS OF TITLE 38- Title 10, United States Code, is amended as follows:

      (1) Section 706(c) is amended by striking out ‘section 4321’ and inserting in lieu thereof ‘section 4301’.

      (2) Section 708(c)(2) is amended by striking out ‘section 1421’ and inserting in lieu thereof ‘section 3021’.

      (3) Section 1450 is amended by striking out ‘section 411(a)’ in subsections (c) and (k)(1) and inserting in lieu thereof ‘section 1311(a)’.

      (4) Section 1451(c)(2) is amended by striking out ‘section 411(a)’ and inserting in lieu thereof ‘section 1311(a)’.

      (5) Section 1457(c)(3) is amended by striking out ‘section 411’ and inserting in lieu thereof ‘section 1311’.

      (6) Section 2006(b)(2) is amended by striking out ‘section 1415(c)’, ‘section 1411’, and ‘section 1421(b)’ and inserting in lieu thereof ‘section 3015(d)’, ‘section 3011’, and ‘section 3021(b)’, respectively.

      (7) Section 2184(1) is amended by striking out ‘section 1724’ and inserting in lieu thereof ‘section 3524’.

      (8) Section 2641(c) is amended by striking out ‘section 5011(g)(5)’ and inserting in lieu thereof ‘section 8111(g)(5)’.

      (9) Section 2679(a) is amended by striking out ‘section 3402’ and inserting in lieu thereof ‘section 5902’.

    (f) CLARIFICATION OF APPLICABILITY OF LIMITATION RELATING TO CONTRACTED ADVISORY AND ASSISTANCE SERVICES- Section 2399 of title 10, United States Code, is amended in subsection (e)(3)(B) by striking out ‘solely as a representative of’ and inserting in lieu thereof ‘solely in testing for’.

    (g) PROCUREMENT OF AERONAUTICAL SUPPLIES FOR EXPERIMENTAL PURPOSES- Section 2373(a) of title 10, United States Code, is amended by striking out ‘and chemical activity supplies,’ and inserting in lieu thereof ‘chemical activity, and aeronautical supplies,’.

    (h) COORDINATION WITH OTHER PROVISIONS OF THIS ACT- For purposes of applying amendments made by provisions of this Act other than this section, this section shall be treated as having been enacted immediately before the other provisions of this Act.

SEC. 1071. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR TRANSPORTATION SERVICES.

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

SEC. 1072. AIR NATIONAL GUARD FIGHTER AIRCRAFT FORCE STRUCTURE.

    (a) FINDINGS- Congress makes the following findings:

      (1) The reduction in the total number of Air Force general purpose fighter wings being implemented as part of the changes in the force structure of the Air Force pursuant to the proposals in the report on the Bottom Up Review conducted by the Secretary of Defense during 1993 includes reduction in the number of Air National Guard and Air Force Reserve fighter wings from 10 to 7.

      (2) The plan (as of the date of the enactment of this Act) for implementing that reduction in the number of Air National Guard and Air Force Reserve fighter wings is to reduce the number of fighter aircraft designated as being in the Primary Aircraft Inventory category that are authorized for each Air National Guard fighter unit from 24 or 18 aircraft to 15 aircraft and to convert some Air National Guard fighter units to other purposes.

      (3) The Commission on Roles and Missions of the Armed Forces (established by section 952 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 111 note; 107 Stat. 1738)) is required under section 954(b) of that Act to submit to Congress a report on possible changes to existing allocations among the Armed Forces of military roles, missions, and functions.

    (b) SENSE OF CONGRESS- It is the sense of Congress that--

      (1) the number of Air National Guard Combat Readiness Training Centers in operation during fiscal year 1995 should not be less than the number of such centers in operation at the end of fiscal year 1994; and

      (2) the report referred to in subsection (a)(3) should contain a review of, and recommendations on, the assignment of roles and missions to units of the Air National Guard and the Air Force Reserve in relation to active component units that are the counterparts to those units and on requirements for resources for training of those units.

    (c) REQUIREMENT- (1) After receiving the report referred to in subsection (a)(3), the Secretary of Defense shall review the findings of the Commission set forth in that report on the role and requirements for general purpose fighter units of the Air National Guard.

    (2) Not later than 30 days after receiving the report, the Secretary shall submit to Congress a report on the appropriate level of aircraft authorized in the Primary Aircraft Inventory of the Air Force for general purpose fighter units of the Air National Guard. The report shall include the plans of the Secretary for providing in a timely manner the funding levels necessary to support the level of such aircraft determined appropriate by the Secretary, if additional funding would be required to achieve and maintain that level of such aircraft.

SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL OFFICIALS OF TAIWAN.

    It is the sense of Congress that no visa should be denied for a high-level official of Taiwan to enter the United States unless the official is otherwise excludable under the immigration laws of the United States.

SEC. 1074. DEFENSE MAPPING AGENCY.

    (a) UNAUTHORIZED USE OF NAME- Chapter 167 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2797. Unauthorized use of Defense Mapping Agency name, initials, or seal

    ‘(a) No person may, except with the written permission of the Secretary of Defense, knowingly use the words ‘Defense Mapping Agency’, the initials ‘DMA’, the seal of the Defense Mapping Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary of Defense.

    ‘(b) Whenever it appears to the Attorney General that any person is engaged or about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to hearing and determination of such action and may, at any time before such final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.’.

    (b) LIMITATION ON LIABILITY RELATING TO NAVIGATIONAL AIDS- Chapter 167 of such title, as amended by subsection (a), is further amended by adding at the end the following new section:

‘Sec. 2798. Civil actions barred

    ‘(a) CLAIMS BARRED- No civil action may be brought against the United States on the basis of the content of a navigational aid prepared or disseminated by the Defense Mapping Agency.

    ‘(b) NAVIGATIONAL AIDS COVERED- Subsection (a) applies with respect to a navigational aid in the form of a map, a chart, or a publication and any other form or medium of product or information in which the Defense Mapping Agency prepares or disseminates navigational aids.’.

    (c) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘2797. Unauthorized use of Defense Mapping Agency name, initials, or seal.

      ‘2798. Civil actions barred.’.

    (d) EFFECTIVE DATE- Section 2798 of title 10, United States Code, as added by subsection (b), shall take effect on the date of the enactment of this Act and shall apply with respect to (1) civil actions brought before such date that are pending adjudication on such date, and (2) civil actions brought on or after such date.

SEC. 1075. LIMITATION REGARDING TELECOMMUNICATIONS REQUIREMENTS

    (a) LIMITATION- No funds available to the Department of Defense or any other Executive agency may be expended to provide for meeting Department of Defense telecommunications requirements through the telecommunications procurement known as ‘FTS-2000’ or through any other Government-wide telecommunications procurement until--

      (1) the Secretary of Defense submits to the Congress a report containing--

        (A) a certification by the Secretary that the FTS-2000 procurement or the other telecommunications procurement will provide assured, secure telecommunications support (including associated telecommunications services) for Department of Defense activities; and

        (B) a description of how the procurement will be implemented and managed to meet defense information infrastructure requirements, including requirements to support deployed forces and intelligence activities; and

      (2) 30 days elapse after the date on which such report is received by the committees.

    (b) DEFINITIONS- In this section:

      (1) The term ‘defense telecommunications requirements’ means requirements for telecommunications equipment and services that, if procured by the Department of Defense, would be exempt from the requirements of section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) pursuant to section 2315 of title 10, United States Code.

      (2) The term ‘Executive agency’ has the meaning given such term in section 105 of title 5, United States Code.

      (3) The term ‘procurement’ has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

    (c) EFFECT ON OTHER LAW- Nothing in this section may be construed as modifying or superseding, or as intended to impair or restrict authorities or responsibilities under--

      (1) section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759); or

      (2) section 620 of Public Law 103-123.

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 $3,090,808,000 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) $7,500,000 of the amounts authorized to be appropriated pursuant to title I.

      (2) $2,190,408,000 of the amounts authorized to be appropriated pursuant to title II.

      (3) $892,900,000 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 and specified in section 1102(b)(2) as a source of funds for defense conversion, reinvestment, and transition assistance programs, $751,000,000 shall be available for activities described in the defense reinvestment program elements of the budget of the Department of Defense for fiscal year 1995.

    (b) ALLOCATION OF FUNDS- The funds made available under subsection (a) shall be allocated as follows:

      (1) $245,000,000 shall be available for defense dual-use critical technology partnerships under section 2511 of title 10, United States Code.

      (2) $96,000,000 shall be available for commercial-military integration partnerships under section 2512 of such title.

      (3) $80,000,000 shall be available for assistance of 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) $25,000,000 shall be available for assistance of manufacturing extension programs under section 2523 of such title.

      (6) $24,000,000 shall be available for defense manufacturing engineering education grants under section 2196 of such title.

      (7) $10,000,000 shall be available for grants under section 2198 of such title to United States institutions of higher education and other United States not-for-profit organizations to support the management training program in Japanese language and culture.

      (8) $50,000,000 shall be available for the maritime technology development program under 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).

      (9) $35,000,000 shall be available for the agile manufacturing/enterprise integration program.

      (10) $30,000,000 shall be available for the advanced materials synthesis and processing partnership program.

      (11) $55,000,000 shall be available for the defense dual-use extension program under section 2524 of title 10, United States Code, of which--

        (A) $5,000,000 shall be used for provision of 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.

      (12) $10,000,000 shall be available for the Federal Defense Laboratory Diversification Program under section 2519 of title 10, United States Code, as added by section 1113(a).

      (13) $50,000,000 shall be available for the Navy Reinvestment Program under section 2520 of such title, as added by section 1113(b).

    (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994 TECHNOLOGY REINVESTMENT PROJECTS- Funds allocated under paragraphs (1) through (6) of subsection (b) to the defense reinvestment programs described in such paragraphs may also be used to make awards for technology reinvestment projects that were solicited under such programs in fiscal year 1994.

SEC. 1112. SUPPORT FOR TECHNOLOGIES WITH APPLICABILITY FOR LAW ENFORCEMENT AND MILITARY OPERATIONS OTHER THAN WAR.

    (a) SUPPORT AUTHORIZED- Using funds made available under subsection (b), the Secretary of Defense shall support the Memorandum of Understanding entered into between the Department of Defense and the Department of Justice on April 20, 1994, for the development, rapid deployment, and transition of technologies with applicability for law enforcement and military operations other than war. Such support may include support for national law enforcement technology centers of the National Institute of Justice.

    (b) FUNDING FOR FISCAL YEAR 1995- To carry out subsection (a), there shall be available to the Secretary $41,000,000, of which--

      (1) $11,000,000 shall be derived from the amount authorized to be appropriated under section 201 and specified in section 1102(b) as a source of funds for defense conversion, reinvestment, and transition assistance programs; and

      (2) $30,000,000 shall be derived from the amount authorized to be appropriated under section 201(4) for the tactical technology and experimental evaluation of major innovative technology programs elements of the budget of the Department of Defense for fiscal year 1995.

SEC. 1113. FEDERAL DEFENSE LABORATORY DIVERSIFICATION AND NAVY REINVESTMENT IN THE TECHNOLOGY AND INDUSTRIAL BASE.

    (a) FEDERAL DEFENSE LABORATORY DIVERSIFICATION PROGRAM- Subchapter III of chapter 148 of title 10, United States Code, is amended by inserting at the end thereof the following new section:

‘Sec. 2519. Federal Defense Laboratory Diversification Program

    ‘(a) ESTABLISHMENT OF PROGRAM- The Secretary of Defense shall conduct a program in accordance with this section for the purpose of promoting cooperation between Department of Defense laboratories and industry on research and development of dual-use technologies in order to further the national security objectives set forth in section 2501(a) of this title.

    ‘(b) PARTNERSHIPS- (1) The Secretary shall provide for the establishment under the program of cooperative arrangements (hereinafter in this section referred to as ‘partnerships’) between a Department of Defense laboratory and eligible firms and nonprofit research corporations referred to in section 2511(b) of this title. A partnership may also include one or more additional Federal laboratories, institutions of higher education, agencies of State and local governments, and other entities, as determined appropriate by the Secretary.

    ‘(2) For purposes of this section, a federally funded research and development center shall be considered a Department of Defense laboratory if the center is sponsored by the Department of Defense.

    ‘(c) ASSISTANCE AUTHORIZED- (1) The Secretary may make grants, enter into contracts, enter into cooperative agreements and other transactions pursuant to section 2371 of this title, and enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) in order to establish partnerships.

    ‘(2) Subject to subsection (d), the Secretary may provide a partnership with technical and other assistance in order to facilitate the achievement of the purpose of this section.

    ‘(d) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS- (1) The Secretary shall ensure that the non-Federal Government participants in a partnership make a substantial contribution to the total cost of partnership activities. The amount of the contribution shall be commensurate with the risk undertaken by such participants and the potential benefits of the activities for such participants.

    ‘(2) The regulations prescribed pursuant to section 2511(c)(2) of this title shall apply to in-kind contributions made by non-Federal Government participants in a partnership.

    ‘(e) SELECTION PROCESS- Competitive procedures shall be used in the establishment of partnerships.

    ‘(f) SELECTION CRITERIA- The criteria for the selection of a proposed partnership for establishment under this section shall include the criteria set forth in section 2511(f) of this title.

    ‘(g) REGULATIONS- The Secretary shall prescribe regulations for the purposes of this section.’.

    (b) NAVY REINVESTMENT PROGRAM- Such subchapter is further amended by inserting after section 2519 (as added by subsection (a)) the following new section:

‘Sec. 2520. Navy Reinvestment Program

    ‘(a) ESTABLISHMENT OF PROGRAM- The Secretary of the Navy shall conduct a program in accordance with this section for the purpose of promoting cooperation between the Department of the Navy and industry on research and development of dual-use technologies in order to further the national security objectives set forth in section 2501(a) of this title.

    ‘(b) PARTNERSHIPS- The Secretary shall provide for the establishment under the program of cooperative arrangements (hereinafter in this section referred to as ‘partnerships’) between Department of the Navy entities and eligible firms and nonprofit research corporations referred to in section 2511(b) of this title. A partnership may also include one or more Federal laboratories, institutions of higher education, agencies of State and local governments, and other entities, as determined appropriate by the Secretary.

    ‘(c) PROGRAM REQUIREMENTS AND ADMINISTRATION- Subsections (c) through (f) of section 2519 of this title shall apply in the administration of the program.

    ‘(d) ADDITIONAL SELECTION CRITERIA- The selection criteria for a proposed partnership for establishment under this section shall also include the potential effectiveness of the partnership in the further development and application of each technology proposed to be developed by the partnership for Navy acquisition programs.

    ‘(e) REGULATIONS- The Secretary shall prescribe regulations for the purposes of this section.’.

    (c) CLERICAL AMENDMENTS- The table of sections at the beginning of such subchapter is amended by adding at the end the following:

‘2519. Federal Defense Laboratory Diversification Program.

‘2520. Navy Reinvestment Program.’.

    (d) DEFINITION OF FEDERAL LABORATORY- Section 2491(5) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘, except that such terms include a federally funded research and development center sponsored by a Federal agency’.

SEC. 1114. LOAN GUARANTEES UNDER DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM.

    (a) MEMORANDUM OF UNDERSTANDING TO ADMINISTER LOAN GUARANTEE PROGRAM- (1) For fiscal year 1995, the Secretary of Defense may enter into a memorandum of understanding with the Administrator of the Small Business Administration, the Administrator of the Economic Development Administration of the Department of Commerce, or the head of any other Federal agency having expertise regarding the provision of loan guarantees, under which such agency may--

      (A) process applications for loan guarantees under section 2524(b)(3) of title 10, United States Code, during that fiscal year;

      (B) guarantee repayment of the resulting loans; and

      (C) provide any other services to the Secretary to administer the loan guarantee program under such section during that fiscal year.

    (2) From funds made available for the loan guarantee program under such section, the Secretary of Defense may transfer to the agency or agencies that are parties to the memorandum of understanding such sums as may be necessary for the agency or agencies to carry out activities under the loan guarantee program.

    (3) The Secretary of Defense shall enter into the memorandum of understanding authorized by paragraph (1) within 60 days after the date of the enactment of this Act for the administration of the loan guarantee program under such section during fiscal year 1995.

    (4) The total amount allocated under section 1111(b)(11)(B) to cover the costs of loan guarantees during fiscal year 1995 under the loan guarantee program shall be divided between small business concerns and medium-sized business concerns (as defined in section 2524(g) of title 10, United States Code) as follows:

      (A) 60 percent for small business concerns.

      (B) 40 percent for medium-sized business concerns.

    (b) SPECIAL REQUIREMENTS REGARDING LOAN GUARANTEES- Subsection (e) of section 2524 of title 10, United States Code, is amended to read as follows:

    ‘(e) SPECIAL REQUIREMENTS REGARDING LOAN GUARANTEES- (1) The Secretary shall carry out the loan guarantee program authorized under subsection (b)(3) during any fiscal year for which funds are specifically made available to cover the costs of loan guarantees to be issued pursuant to such subsection.

    ‘(2) In addition to the selection criteria specified in subsection (f), the selection criteria in the case of the loan guarantee program under subsection (b)(3) shall also include the following:

      ‘(A) 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.

      ‘(B) The extent to which the loans to be guaranteed would stimulate job creation and new economic activities in communities most adversely affected by 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.

      ‘(C) The extent to which the loans to be guaranteed would be used to acquire (or permit the use of other funds to acquire) capital equipment to modernize or expand the facilities of the borrower to enable the borrower to remain in the national technology and industrial base available to the Department of Defense.

    ‘(3) To be eligible for a loan guarantee under subsection (b)(3), a borrower must be able to demonstrate to the satisfaction of the Secretary that at least 25 percent of the value of the borrower’s sales during the preceding fiscal year were derived from--

      ‘(A) contracts with the Department of Defense or the defense-related activities of the Department of Energy; or

      ‘(B) subcontracts in support of defense-related prime contracts.

    ‘(4) The maximum amount of loan principal that the Secretary may guarantee under the loan guarantee program during a fiscal year may not exceed--

      ‘(A) $1,250,000, with respect to a small business concern; and

      ‘(B) $10,000,000 with respect to a medium-sized business concern.’.

    (c) CONFORMING AMENDMENT- Subsection (f) of such section is amended by striking out ‘SELECTION CRITERIA- ’ and inserting in lieu thereof the following: ‘SELECTION PROCESS AND CRITERIA- Competitive procedures shall be used in the selection of programs to receive assistance under this section.’.

SEC. 1115. 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 small business concern shall have a period of not less than 120 days in 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 shall 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 small business concern shall have a period of not less than 120 days in 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 shall revoke the selection of the partnership proposal submitted by the small business concern.’.

    (c) REGIONAL TECHNOLOGY ALLIANCES- 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 small business concern shall have a period of not less than 120 days in 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 shall revoke the selection of the proposal submitted by the small business concern.’.

    (d) DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAMS- 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 program costs. Upon the selection of a proposal submitted by a small business concern, the small business concern shall have a period of not less than 120 days in 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 shall revoke the selection of the program proposal submitted by the small business concern.’.

    (e) DEFINITION OF PERSON OF A FOREIGN COUNTRY- Section 2491 of such title is amended by adding at the end the following new paragraph:

      ‘(16) The term ‘person of a foreign country’ has the meaning given such term in section 3502(d) of the Primary Dealers Act of 1988 (22 U.S.C. 5342(d)).’.

SEC. 1116. 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 to the extent practicable, the job creation resulting from, such partnerships and 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 the defense technology reinvestment programs described in subsection (b) of such section, and funds made available under subsection (b) of section 1112 for the program described in subsection (a) 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.

SEC. 1117. USE OF CERTAIN FUNDS PENDING SUBMISSION OF A NATIONAL TECHNOLOGY AND INDUSTRIAL BASE PERIODIC DEFENSE CAPABILITY ASSESSMENT AND A PERIODIC DEFENSE CAPABILITY PLAN.

    (a) LIMITATION- Not more than 50 percent of the funds made available for program element 65104D activities from funds authorized to be appropriated by this Act may be expended until the Secretary of Defense submits to Congress--

      (1) a national technology and industrial base periodic defense capability assessment required by section 2505 of title 10, United States Code; and

      (2) a periodic defense capability plan required by section 2506 of such title.

    (b) PROGRAM ELEMENT 65104D ACTIVITIES DEFINED- For purposes of this section, the program element 65104D activities referred to in subsection (a) are the activities described as program element 65104D in the materials submitted to Congress by the Secretary of Defense in support of the budget for fiscal year 1995 that was submitted to Congress pursuant to section 1105(a) of title 31, United States Code.

SEC. 1118. DOCUMENTATION FOR AWARDS FOR COOPERATIVE AGREEMENTS OR OTHER TRANSACTIONS UNDER DEFENSE TECHNOLOGY REINVESTMENT PROGRAMS.

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

SEC. 1119. COMPTROLLER GENERAL ASSESSMENT OF EXTENT TO WHICH TECHNOLOGY AND INDUSTRIAL BASE PROGRAMS ATTAIN POLICY OBJECTIVES.

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

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), $54,127,000 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 within a community adversely affected by an action described in clause (A), (B), (C), or (E) of subsection (b)(1) by adversely affected businesses and labor organizations located in the community.’.

    (b) FUNDING FOR FISCAL YEAR 1995- Of the amount made available under section 1121, up to $10,000,000 shall be available 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. The amount of such funds provided for such purpose with respect to any adversely affected community may not exceed $100,000.

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, up to $5,000,000 shall be available to assist advance planning of community adjustments and economic diversification under paragraph (5) of section 2391(b) of title 10, United States Code, as added by subsection (a)(2).

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

SEC. 1131. TEACHER AND TEACHER’S AIDE PLACEMENT PROGRAMS.

    (a) PERIOD OF ELIGIBILITY- Subsection (c) of section 1151 of title 10, United States Code, is amended--

      (1) in paragraph (1)(A), by striking out ‘seven-year period beginning on October 1, 1992,’ and inserting in lieu thereof ‘nine-year period beginning on October 1, 1990,’; and

      (2) by striking out paragraph (4).

    (b) APPLICATION PERIOD- Subsection (e)(1) of such section is amended to read as follows:

    ‘(e) SELECTION OF PARTICIPANTS- (1) Selection of members to participate in the placement program authorized by subsection (a) shall be made on the basis of applications submitted to the Secretary of Defense on a timely basis. An application shall be in such form and contain such information as the Secretary may require. An application shall be considered to be submitted on a timely basis if the application is submitted as follows:

      ‘(A) Except as provided in subparagraphs (B) and (C), not later than one year after the date of the discharge or release of the applicant from active duty.

      ‘(B) In the case of an applicant discharged or released from active duty before January 19, 1994, not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995.

      ‘(C) In the case of an applicant becoming educationally qualified for teacher placement assistance in accordance with subsection (c)(2) after the date of the discharge or release of the applicant from active duty, not later than one year after the date on which the applicant becomes educationally qualified.’.

    (c) FUNDING FOR FISCAL YEAR 1995- 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. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN EMPLOYMENT WITH LAW ENFORCEMENT AGENCIES.

    (a) REVISED PROGRAM AUTHORITY- (1) Section 1152 of title 10, United States Code, is amended to read as follows:

‘Sec. 1152. Assistance to eligible members and former members to obtain employment with law enforcement agencies

    ‘(a) PLACEMENT PROGRAM- The Secretary of Defense may enter into an agreement with the Attorney General to establish or participate in a program to assist eligible members and former members of the armed forces to obtain employment as law enforcement officers with eligible law enforcement agencies following the discharge or release of such members or former members from active duty. Eligible law enforcement agencies shall consist of State law enforcement agencies, local law enforcement agencies, and Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior).

    ‘(b) ELIGIBLE MEMBERS- Any individual who, during the 6-year period beginning on October 1, 1993, is a member of the armed forces and is separated with an honorable discharge or is released from service on active duty characterized as honorable by the Secretary concerned shall be eligible to participate in a program covered by an agreement referred to in subsection (a).

    ‘(c) SELECTION- In the selection of applicants for participation in a program covered by an agreement referred to in subsection (a), preference shall be given to a member or former member who--

      ‘(1) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or retires pursuant to the authority provided in section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1293 note); and

      ‘(2) has a military occupational specialty, training, or experience related to law enforcement (such as service as a member of the military police) or satisfies such other criteria for selection as the Secretary, the Attorney General, or a participating eligible law enforcement agency prescribed in accordance with the agreement.

    ‘(d) GRANTS TO FACILITATE EMPLOYMENT- (1) The Secretary of Defense may provide funds to the Attorney General for grants under this section to reimburse participating eligible law enforcement agencies for costs, including salary and fringe benefits, of employing members or former members pursuant to a program referred to in subsection (a).

    ‘(2) No grant with respect to an eligible member or former member may exceed a total of $50,000.

    ‘(3) Any grant with respect to an eligible member or former member shall be disbursed within 5 years after the date of the placement of a member or former member with a participating eligible law enforcement agency.

    ‘(4) Preference in awarding grants through existing law enforcement hiring programs shall be given to State or local law enforcement agencies or Indian tribes that agree to hire eligible members and former members.

    ‘(e) ADMINISTRATIVE EXPENSES- Ten percent of the amount, if any, appropriated for a fiscal year to carry out the program established pursuant to subsection (a) may be used to administer the program.

    ‘(f) REQUIREMENT FOR APPROPRIATION- No person may be selected to participate in the program established pursuant to subsection (a) unless a sufficient amount of appropriated funds is available at the time of the selection to satisfy the obligations to be incurred by the United States under an agreement referred to in subsection (a) that applies with respect to the person.

    ‘(g) CONDITIONAL EXPANSION OF PLACEMENT TO INCLUDE FIREFIGHTERS- (1) Subject to paragraph (2), the Secretary may expand the placement activities authorized by subsection (a) to include the placement of eligible members and former members and eligible civilian employees of the Department of Defense as firefighters or members of rescue squads or ambulance crews with public fire departments.

    ‘(2) The Secretary may implement the expansion authorized by this subsection only if the Secretary certifies to Congress not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995 that such expansion will facilitate personnel transition programs of the Department of Defense. The expansion may be made through a program covered by an agreement referred to in subsection (a), if feasible, or in such other manner as the Secretary considers appropriate.

    ‘(3) A civilian employee of the Department of Defense shall be eligible to participate in the expanded placement activities authorized under this subsection if the employee, during the six-year period beginning October 1, 1993, 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.’.

    (2) The item relating to such section in the table of sections at the beginning of chapter 58 of title 10, United States Code, is amended to read as follows:

      ‘1152. Assistance to eligible members and former members to obtain employment with law enforcement agencies.’.

    (b) FUNDING FOR FISCAL YEAR 1995- (1) Of the amount made available pursuant to section 1102(a), $25,000,000 shall be available for the placement of members and former members of the Armed Forces as law enforcement officers under section 1152 of title 10, United States Code.

    (2) Of the amount made available pursuant to section 1102(a), up to $5,000,000 shall be available for the placement of members and former members of the Armed Forces and civilian employees of the Department of Defense as firefighters or members of rescue squads or ambulance crews with public fire departments under section 1152 of title 10, United States Code, if the Secretary of Defense makes the certification required by subsection (g)(2) of such section within the time period specified in such subsection.

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, in obtaining 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 students who would benefit from the increased presence of bilingual elementary or secondary school teachers in mathematics or science.

      (2) A consortium of two or more institutions of higher education that have a demonstrated 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 English and another language.

      (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), $5,000,000 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 such communities 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 meet at least 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 engaged in the testing of nuclear weapons.

      (3) The local economy would be adversely affected by the closure of two or more military installations.

    (c) PERSONS ELIGIBLE FOR ASSISTANCE- The following persons are eligible to participate in the demonstration project 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- (1) Subject to paragraph (2), 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. To carry out the demonstration project, the Secretary shall seek the participation of representatives of the ship recycling industry.

    (2) The Secretary of Defense may not implement or carry out the demonstration project unless the Secretary certifies to Congress not later than 180 days after the date of the enactment of this Act that--

      (A) the demonstration project will facilitate personnel transition programs of the Department of Defense; and

      (B) activities under the demonstration project will not disrupt the operations of United States companies that are engaged in ship recycling and scrapping as of the date of the enactment of this Act.

    (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) PERSONS ASSISTED UNDER DEMONSTRATION PROJECT- The demonstration project is intended 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- A government or entity (or group of entities) receiving assistance under the demonstration project shall use the assistance to perform, or support the performance of, any of the following:

      (1) Developing 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, conducting 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 project; and

        (F) such other issues related to ship recycling as the Secretary considers appropriate.

      (3) Conducting a skills assessment study to determine the number and type of employees needed to operate a ship recycling facility.

      (4) Developing plans for the cost-effective environmental remediation of ships to be recycled at the facility.

      (5) Demonstrating the feasibility of a ship recycling facility to become financially self-sustaining or projecting 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) Supporting regional ship recycling start-up activities.

      (7) Analyzing 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), $7,500,000 shall be available to the Secretary of Defense to carry out the demonstration project if the Secretary of Defense makes the certification under subsection (a)(2) within the time period specified in such subsection.

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

    (a) DEFENSE DIVERSIFICATION PROGRAM- Section 325A of the Job Training Partnership Act (29 U.S.C. 1662d-1) is amended--

      (1) in subsection (a), by striking out ‘From the amount’ and all that follows through ‘Labor,’ and inserting in lieu thereof ‘From funds made available to carry out this section, the Secretary, in consultation with the Secretary of Defense,’;

      (2) in subsections (c), (d), (e), (i), (k)(2), (l), and (m), by striking out ‘Secretary of Defense’ each place it appears and inserting in lieu thereof ‘Secretary’;

      (3) in subsection (d)(1)(A), by striking out ‘in consultation with the Secretary of Labor,’;

      (4) in the heading of subsection (e), by striking out ‘BY SECRETARY OF DEFENSE’;

      (5) in subsection (k)(1), by striking out ‘Secretary of Defense, in consultation with the Secretary of Labor,’ and inserting in lieu thereof ‘Secretary, in consultation with the Secretary of Defense,’; and

      (6) in subsection (n), by striking out ‘Secretary of Defense, in consultation with the Secretary of Labor,’ and inserting in lieu thereof ‘Secretary, in consultation with the Secretary of Defense,’.

    (b) DEFENSE CONVERSION ADJUSTMENT PROGRAM- Section 325(a) of the Job Training Partnership Act (29 U.S.C. 1662d(a)) is amended by striking out ‘From the amount appropriated pursuant to section 4203 of the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990,’ and inserting in lieu thereof ‘From funds made available to carry out this section,’.

SEC. 1137. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO REDUCTIONS BY THE UNITED STATES IN THE EXPORT OF DEFENSE ARTICLES AND SERVICES.

    (a) ASSISTANCE UNDER DEFENSE CONVERSION ADJUSTMENT PROGRAM- Section 325 of the Job Training Partnership Act (29 U.S.C. 1662d), as amended by section 1136(b), is further amended--

      (1) in subsection (a), by striking out ‘or by closures of United States military facilities’ each place it appears and inserting in lieu thereof ‘, by closures of United States military facilities, or by reductions in the export of defense articles and defense services as a result of United States policy, including reductions in the amount of defense articles and defense services under agreements to provide such articles or services or through termination or completion of any such agreements’;

      (2) in subsection (d), by striking out ‘or by the closure of United States military installations’ and inserting in lieu thereof ‘, by closures of United States military facilities, or by reductions in the export of defense articles and defense services as a result of United States policy, including reductions in the amount of defense articles and defense services under agreements to provide such articles or services or through termination or completion of any such agreements’; and

      (3) by adding at the end the following new subsection:

    ‘(f) DEFINITION- For purposes of this section, the term ‘defense articles and defense services’ means defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778).’.

    (b) ASSISTANCE UNDER DEFENSE DIVERSIFICATION PROGRAM- Section 325A of the Job Training Partnership Act (29 U.S.C. 1662d-1), as amended by section 1136(a), is further amended--

      (1) in subsection (b)(3)(A), by striking out ‘or the closure or realignment of a military installation’ and inserting in lieu thereof ‘, the closure or realignment of a military installation, or reductions in the export of defense articles and defense services as a result of United States policy, including reductions in the amount of defense articles and defense services under agreements to provide such articles or services or through termination or completion of any such agreements’;

      (2) in subsection (k)(1), by striking out ‘or by the closure of United States military installations’ and inserting in lieu thereof ‘, the closure of United States military installations, or reductions in the export of defense articles and defense services as a result of United States policy, including reductions in the amount of defense articles and defense services under agreements to provide such articles or services or through termination or completion of any such agreements’; and

      (3) in subsection (o), by adding at the end the following new paragraph:

      ‘(3) DEFENSE ARTICLES AND DEFENSE SERVICES- The term ‘defense articles and defense services’ means defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778).’.

Subtitle D--Other Matters

SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE AND ESTABLISHMENT OF ARMS INITIATIVE LOAN GUARANTEE PROGRAM.

    (a) EXTENSION- 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 1996’.

    (b) LOAN GUARANTEES UNDER ARMS INITIATIVE- The Armament Retooling and Manufacturing Support Act of 1992 (10 U.S.C. 2501 note) is amended--

      (1) by redesignating section 195 as section 196; and

      (2) by inserting after section 194 the following new section:

‘SEC. 195. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.

    ‘(a) PROGRAM AUTHORIZED- Subject to subsection (b), the Secretary of the Army may carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities pursuant to section 193. Under such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a commercial activity under this subtitle.

    ‘(b) ADVANCED BUDGET AUTHORITY- Loan guarantees under this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).

    ‘(c) PROGRAM ADMINISTRATION- (1) The Secretary may enter into agreements with the Administrator of the Small Business Administration or the Administrator of the Farmers Home Administration, the Administrator of the Rural Development Administration, or the head of other appropriate agencies of the Department of Agriculture, under which such Administrators may, under this section--

      ‘(A) process applications for loan guarantees;

      ‘(B) guarantee repayment of loans; and

      ‘(C) provide any other services to the Secretary to administer the loan guarantee program.

    ‘(2) Each Administrator may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the Administrator administers.

    ‘(3) To the extent practicable, each Administrator shall use the same procedures for processing loan guarantee applications under this section as the Administrator uses for processing loan guarantee applications under other loan guarantee programs that the Administrator administers.

    ‘(d) LOAN LIMITS- The maximum amount of loan principal guaranteed during a fiscal year under this section may not exceed--

      ‘(1) $20,000,000, with respect to any single borrower; and

      ‘(2) $320,000,000 with respect to all borrowers.

    ‘(e) TRANSFER OF FUNDS- The Secretary of the Army may transfer to an Administrator providing services under subsection (c), and the Administrator may accept, such funds as may be necessary to administer the loan guarantee program under this section.

    ‘(f) REPORTING REQUIREMENT- Not later than July 1 of each year in which a guarantee issued under this section is in effect, the Secretary shall submit to the congressional defense committees a report specifying the amounts of loans guaranteed under this section during the preceding calendar year. No report is required after fiscal year 1997.’.

    (c) AUTHORIZATION FOR USE OF EXISTING BUDGET AUTHORITY- Of the funds appropriated for the Armament Retooling and Manufacturing Support Initiative by title III of Public Law 102-396 under the heading ‘PROCUREMENT OF AMMUNITION, ARMY’ (106 Stat. 1887), up to $43,000,000 may be made available to cover the costs of loan guarantees issued under section 195 of the Armament Retooling and Manufacturing Support Act of 1992 (as added by subsection (b)(2)), in such amounts as provided in an appropriations Act enacted after the date of the enactment of this Act.

SEC. 1142. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR ACTUAL TERMINATION OF DEFENSE PROGRAMS.

    (a) TIME FOR NOTICE 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 60 days’; and

      (2) by striking out ‘and not more than 180 days after such date,’.

    (b) TIME FOR NOTICE 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 60 days’; and

      (2) by striking out ‘and not more than 180 days after such date,’.

    (c) TIME FOR NOTICE OF WITHDRAWAL OF NOTIFICATION- Subsection (f)(1) of such section is amended by striking out ‘as soon as reasonably practicable’ and inserting in lieu thereof ‘not later than 60 days’.

SEC. 1143. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRONMENTAL TECHNOLOGIES FOR DREDGING OF DUAL-USE PORTS.

    (a) ESTABLISHMENT- The Secretary of Defense shall establish a plan for the Department of Defense to encourage the further development and deployment of existing defense environmental technologies in support of the dredging requirements of dual-use ports, including--

      (1) the environmentally secure containment and management of contaminated dredged materials; and

      (2) the decontamination of dredged materials.

    (b) MATTERS TO BE INCLUDED- The plan to be established pursuant to subsection (a) shall include the following:

      (1) A description of defense reinvestment and defense conversion programs under chapter 148 of title 10, United States Code, that are available to facilitate the deployment of defense environmental technologies in support of the dredging requirements of dual-use ports.

      (2) A description of existing defense environmental technologies and processes that are available to support the objectives of the plan to be established pursuant to subsection (a).

      (3) Recommendations for strategies to deploy such technologies and processes to ports of various sizes, including--

        (A) ports with projects requiring more than 5,000,000 cubic yards of sediment to be dredged annually;

        (B) ports with projects requiring more than 1,000,000 cubic yards of sediment to be dredged annually;

        (C) ports that have been affected by, or are likely to be affected by, the closure of one or more major military installations and that, as a result thereof, require substantial environmental remediation; and

        (D) military port installations that have experienced significant delays in advancing dredging projects because of environmental compliance or dredged material disposal problems.

      (4) After consultation with the heads of other appropriate Federal agencies, an assessment of other available technologies and processes that may be used in support of the plan to be established pursuant to subsection (a).

      (5) An assessment of the potential benefits and methods of transfer of technologies and processes for use in connection with dredging processes in commercial ports and waterways.

    (c) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall transmit to Congress a report containing the plan to be established pursuant to subsection (a).

TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION

SEC. 1201. COOPERATIVE THREAT REDUCTION PROGRAMS.

    For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs described in section 1203(b) of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 107 Stat. 1778; 22 U.S.C. 5952(b)).

SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE THREAT REDUCTION PROGRAMS.

    Section 1207 of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-60; 107 Stat. 1782) is amended--

      (1) by striking out ‘Not later than April 30, 1994, and not later than October 30, 1994,’ and inserting in lieu thereof ‘Not later than April 30 and not later than October 30 of each year,’;

      (2) by striking out ‘under this title’ and inserting in lieu thereof ‘under programs described in section 1203(b)’; and

      (3) in paragraph (3), by striking out ‘this title’ and inserting in lieu thereof ‘the programs described in section 1203(b)’.

SEC. 1203. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.

    (a) REPORT- (1) The Secretary of Defense shall submit to Congress a report on the efforts made by the United States (including efforts through the use of audits, examinations, and on-site inspections) to ensure that assistance provided under cooperative threat reduction programs is fully accounted for and that such assistance is being used for its intended purposes.

    (2) The report shall be submitted not later than 90 days after the date of the enactment of this Act.

    (b) INFORMATION TO BE INCLUDED- The report shall include the following:

      (1) A list of cooperative threat reduction assistance that has been provided before the date of the report.

      (2) A description of the current location of the assistance provided and the current condition of such assistance.

      (3) A determination of whether the assistance has been used for its intended purpose.

      (4) A description of the activities planned to be carried out during fiscal year 1995 to ensure that cooperative threat reduction assistance provided during 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 of the Secretary under subsection (a) is submitted to Congress, the Comptroller General of the United States shall submit to Congress a report giving the Comptroller General’s assessment of the report and making any recommendations that the Comptroller General considers appropriate.

SEC. 1204. 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. 1205. MULTIYEAR PLANNING AND ALLIED SUPPORT.

    (a) FUNDING REPORT TO CONGRESS- The Secretary of Defense shall submit to Congress a report as described in subsection (b) on funding for Cooperative Threat Reduction programs 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 section 301 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.

SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM FOR FISCAL YEAR 1995.

    (a) PROGRAM AMOUNTS- Of the amount authorized to be appropriated in section 301 for Cooperative Threat Reduction programs--

      (1) not more than $60,000,000 may be obligated for the demilitarization of defense industries and the conversion of military technologies and capabilities into civilian activities;

      (2) not more than $200,000,000 may be obligated for Weapons Dismantlement, Destruction, and Denuclearization;

      (3) not more than $60,000,000 may be obligated for Safety and Security, Transportation, and Storage;

      (4) not more than $40,000,000 may be obligated for Nonproliferation;

      (5) not more than $20,000,000 may be obligated for Defense and Military-to-Military Contacts; and

      (6) not more than $20,000,000 may be obligated for other authorized programs and activities.

    (b) LIMITED AUTHORITY TO EXCEED INDIVIDUAL LIMITATION AMOUNTS- (1) If the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may, subject to paragraph (2), obligate amounts for the purposes stated in any of the paragraphs of subsection (a) in excess of the amount specified for those purposes in that paragraph. However, the total amount obligated for the purposes stated in the paragraphs in subsection (a) may not by reason of the use of the authority provided in the preceding sentence exceed the sum of the amounts specified in those paragraphs.

    (2) An obligation for the purposes stated in any of the paragraphs in subsection (a) in excess of the amount specified in that paragraph may be made using the authority provided in paragraph (1) only after--

      (A) the Secretary submits to Congress a notification of the intent to do so together with a complete discussion of the justification for doing so; and

      (B) 15 days have elapsed following the date of the notification.

SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF THE STATES OF THE FORMER SOVIET UNION.

    (a) FINDINGS- Congress makes the following findings:

      (1) The United States has identified nonproliferation of weapons of mass destruction as a high priority in the conduct of United States national security policy.

      (2) The United States is seeking universal adherence to global regimes that control nuclear, chemical, and biological weapons and is promoting new measures that provide increased transparency of biological weapons-related activities and facilities in an effort to help deter violations of and enhance compliance with the Biological Weapons Convention.

      (3) In early 1992, Russian President Boris Yeltsin indicated to former United States President George Bush that Russia still had an offensive biological weapons program.

      (4) A United States Government report dated January 19, 1993, on arms control noncompliance noted that Russian declarations up to that date had dramatically underestimated the size, scope, and maturity of the former Soviet biological weapons program.

      (5) Despite President Yeltsin’s decree of April 11, 1993, stating that activities in violation of the Biological Weapons Convention are illegal, questions continue to arise regarding offensive biological weapons research, development, testing, production, and storage in Russia as well as in other countries.

      (6) A United States Government report, dated June 23, 1994, states the following: ‘The United States has determined that the offensive biological warfare program that Russia inherited from the Soviet Union violated the Biological Weapons Convention through at least March 1992. The Soviet offensive biological weapons program was massive, and included production, weaponization, and stockpiling. The status of the program since that time remains unclear and the U.S. remains concerned about the Russian biological warfare program.’.

      (7) The Joint Statement on Biological Weapons issued by officials of the United States, the United Kingdom, and Russia on September 14, 1992, confirmed the commitment of the three governments to full compliance with the Biological Weapons Convention and outlined steps designed to increase confidence in that commitment.

      (8) The Presidents of Russia and the United States are scheduled to hold a summit meeting in Washington during the month of September 1994.

    (b) SENSE OF CONGRESS- It is the sense of Congress that--

      (1) the President should continue to urge all signatories to the Biological Weapons Convention to comply fully with the terms of that convention and with other international agreements relating to the control of biological weapons;

      (2) the President should keep the Congress fully and currently informed regarding any Russian activities related to offensive biological weapons;

      (3) the President should continue to insist that the Russian Government complete the steps noted and agreed to in the Joint Statement on Biological Weapons issued by officials of the United States, the United Kingdom, and Russia on September 14, 1992;

      (4) subsequent meetings of representatives of the United States, the United Kingdom, and Russia on biological weapons and the September 1994 summit meeting in Washington provide opportunities for the President to again emphasize the importance of resolving the issues related to compliance with the Biological Weapons Convention;

      (5) in assessing the President’s fiscal year 1996 budget request for foreign assistance funds for Russia, and for other programs and activities to provide assistance to Russia, including the Cooperative Threat Reduction programs, Congress will consider United States Government assessments of Russia’s compliance with its obligations under the Biological Weapons Convention; and

      (6) as the President encourages increased transparency of biological weapons-related activities and facilities to deter violations of, and enhance compliance with, the Biological Weapons Convention, the President should also take appropriate actions to ensure that the United States is prepared to counter the effects of use of biological weapons by others.

    (c) PRESIDENTIAL REPORTS- Not later than February 1, 1995, not later than June 1, 1995, and not later than October 1, 1995, the President shall submit to Congress a report, in classified and unclassified forms, containing an assessment of the extent of compliance of the independent states of the former Soviet Union with the Biological Weapons Convention and other international agreements relating to the control of biological weapons.

    (d) CONTENT OF REPORT- The report shall include the following:

      (1) MATTERS RELATED TO COMPLIANCE-

        (A) An evaluation of the extent of control and oversight by the government of the Russian Federation over the former Soviet military and dual civilian-military biological warfare programs.

        (B) The extent, if any, of the biological warfare agent stockpile in any of the independent states of the former Soviet Union.

        (C) The extent and scope, if any, of continued biological warfare research, development, testing, and production by such states, including the sites and types of activity at those sites.

        (D) An evaluation of the effectiveness of possible delivery systems of biological weapons, including tube and rocket artillery, aircraft, and ballistic missiles.

        (E) An assessment of measures taken by the Russian Government to complete the steps noted and agreed to in the 1992 Joint Statement on Biological Weapons referred to in subsection (b)(3), including a determination of the extent to which Russia has--

          (i) agreed to permit visits to military and nonmilitary biological sites in order to attempt to resolve ambiguities;

          (ii) provided information about biological weapons dismantlement accomplished to date, and further clarification of information provided in its United Nations Declarations regarding biological weapons;

          (iii) been cooperative in exchanging information on a confidential, reciprocal basis concerning past offensive biological weapons programs not recorded in detail in its declarations to the United Nations;

          (iv) cooperated in reviewing potential additional measures to monitor compliance with the Biological Weapons Convention and modalities for testing such measures;

          (v) agreed to an examination of the physical infrastructure of its biological facilities to determine whether there is specific equipment or excess capacity inconsistent with their stated purpose;

          (vi) helped identify ways to promote cooperation and investment in the conversion of biological weapons facilities; and

          (vii) agreed to exchanges of scientists at biological facilities on a long-term basis.

      (2) MATTERS RELATED TO UNITED STATES CAPABILITIES-

        (A) An evaluation of United States capabilities to detect and monitor biological warfare research, development, testing, production, and storage.

        (B) On the basis of the assessment and evaluations referred to in other provisions of the report, recommendations by the Secretary of Defense and Chairman of the Joint Chiefs of Staff for the improvement of United States biological warfare defense and counter-measures.

    (e) LIMITATION- Of the amount authorized to be appropriated by section 301 for Cooperative Threat Reduction programs, $25,000,000 may not be obligated until the President submits to Congress the first report required under subsection (c).

SEC. 1208. COORDINATION OF CERTAIN COOPERATIVE THREAT REDUCTION PROGRAMS.

    (a) MILITARY-TO-MILITARY CONTACT PROGRAMS- (1) None of the funds authorized to be appropriated in section 301 for Cooperative Threat Reduction programs may be obligated for activities under a military-to-military contact program until the Secretary of Defense and the Secretary of State submit to Congress a joint report on the coordination of military-to-military contact programs and comparable activities carried out under their respective jurisdictions.

    (2) The report shall cover the following programs and activities:

      (A) Defense and military-to-military contact programs to be carried out using funds authorized to be appropriated in section 301 for Cooperative Threat Reduction programs.

      (B) Military-to-military contacts and comparable activities that are authorized by section 168 of title 10, United States Code, as added by section 1316.

      (C) Programs authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).

    (3) The report shall include a discussion of how the programs and activities referred to in paragraph (2) are carried out to maximize--

      (A) the effect of such programs and activities in enhancing United States foreign policy objectives; and

      (B) cost-efficiency in the conduct of the programs and activities.

    (b) REPORT- Section 1207 of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 107 Stat. 1777; 22 U.S.C. 5956), is amended by adding at the end the following new paragraph:

      ‘(5) A description of how all of the activities carried out under the authority of this title and other laws providing authority for cooperative threat reduction are coordinated with similar activities that are carried out under any other authority, including activities relating to military-to-military contacts, environmental restoration, and housing.’.

SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE DISMANTLEMENT OF SOVIET NUCLEAR ARSENAL.

    (a) FINDINGS- Congress makes the following findings:

      (1) It is a pressing national security challenge for the United States to expedite the safe and secure dismantlement of the nuclear arsenal of the former Soviet Union.

      (2) In particular, it is essential to expedite the return of strategic nuclear warheads from Ukraine, Belarus, and Kazakhstan and to expedite the safe and secure dismantlement of the nuclear delivery vehicles of Ukraine, Belarus, and Kazakhstan.

      (3) Leakage of nuclear materials and technology, and the continuing threat of emigration of scientists and technicians from the former Soviet nuclear weapons complex, pose a grave threat to United States national security and to international stability.

      (4) Congress has authorized so-called ‘Nunn-Lugar’ funds to enable the Department of Defense to carry out cooperative activities with states of the former Soviet Union to address the threats described in paragraphs (1), (2), and (3).

    (b) SENSE OF CONGRESS- In light of the findings in subsection (a), it is the sense of Congress that--

      (1) the Secretary of Defense and the Secretary of State should continue to give their serious attention to carrying out a coordinated strategy for addressing the urgent national security issues described in subsection (a);

      (2) the United States should expedite the availability and effective application of so-called ‘Nunn-Lugar’ funds;

      (3) although activities conducted with those funds should, to the extent feasible, draw upon United States technology and expertise, the United States should work with local contractors in Belarus, Kazakhstan, Russia, and Ukraine when doing so would expedite more effective use of those funds; and

      (4) efforts should be made to make the Science and Technology Centers in Moscow and Kiev, designed to slow the emigration of scientists and technicians from the former Soviet weapons complex, fully operational on an expedited basis.

TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

Subtitle A--Matters Relating to NATO

SEC. 1301. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO ORGANIZATIONS.

    (a) APPLICABILITY OF EXISTING AUTHORITY TO NATO ORGANIZATIONS- Section 2350a of title 10, United States Code, is amended in subsections (a), (e)(2), and (i)(1) by inserting ‘or NATO organizations’ after ‘major allies of the United States’ each place it appears.

    (b) NATO ORGANIZATION DEFINED- Subsection (i) of such section is amended by adding at the end the following new paragraph:

      ‘(4) The term ‘NATO organization’ means any North Atlantic Treaty Organization subsidiary body referred to in section 2350(2) of this title and any other organization of the North Atlantic Treaty Organization.’.

SEC. 1302. NORTH ATLANTIC TREATY ORGANIZATION.

    (a) FINDINGS- 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 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 crises outside the alliances’s self-defense area.

      (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) It is critical that the security interests of the member countries of the North Atlantic Treaty Organization 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 Congress that--

      (1) it should be the policy of the United States that, in accordance with article 53 of the United Nations Charter, the North Atlantic Treaty Organization retains the right of autonomy of action regarding missions in addition to collective defense should the United Nations Security Council or the Conference on Security and Cooperation in Europe fail to act;

      (2) while it is desirable to work with other international organizations and arrangements where feasible in dealing with threats to the peace, the North Atlantic Treaty Organization is not an auxiliary to the United Nations or any other organization; and

      (3) the member states of the North Atlantic Treaty Organization reserve the right to act collectively in defense of their vital interests.

SEC. 1303. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL IN EUROPE.

    (a) END STRENGTH- Paragraph (1) of section 1002(c) of the Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is amended to read as follows:

    ‘(1) The end strength level of members of the Armed Forces of the United States assigned to permanent duty ashore in European member nations of the North Atlantic Treaty Organization may not exceed a permanent ceiling of approximately 100,000 in any fiscal year.’.

    (b) EXCLUSION OF CERTAIN ISLAND-BASED TROOPS IN CALCULATION OF AUTHORIZED END STRENGTH- Such section is further amended by adding at the end the following new paragraph:

    ‘(3) For purposes of this subsection, 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.’.

    (c) CONFORMING AMENDMENT- Section 1303 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2546) is repealed.

    (d) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 1995.

SEC. 1304. ALLIED SHARE OF INSTALLATIONS COSTS.

    (a) GOAL FOR ALLIED CONTRIBUTIONS- In continuing efforts to enter into revised host-nation agreements as described in section 1301(e) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1824), the President shall seek to have European member nations of NATO assume an increased share of the nonpersonnel costs for United States military installations in those nations so that by September 30, 1996, those nations have assumed 37.5 percent of such costs.

    (b) DEFINITIONS- For purposes of this section:

      (1) The term ‘nonpersonnel costs’, with respect to United States military installations in European member nations of NATO, means costs for those installations other than costs paid from military personnel accounts.

      (2) The term ‘contributions’, with respect to the share of such nonpersonnel costs assumed by the European member nations of NATO, means those cash and in-kind contributions made by such nations that replace expenditures that would otherwise be made by the Secretary using funds appropriated or otherwise made available in defense appropriations Acts.

SEC. 1305. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES OVERSEAS MILITARY FACILITIES TO NATO HOST COUNTRIES.

    (a) FINDINGS- Congress makes the following findings:

      (1) The United States has invested $6,500,000,000 in military infrastructure in North Atlantic Treaty Organization (NATO) countries.

      (2) As part of an overall plan to reduce United States troop strength overseas, the Department of Defense plans to close, or reduce United States military presence at, 867 military sites outside the United States.

      (3) Most of the military sites outside the United States announced for closure are in Europe, where the United States has already closed 434 such sites while carrying out a reduction in troop strength in Europe from 323,432 in 1987 to approximately 100,000 by the end of fiscal year 1996.

      (4) When the United States closes military sites in Europe, it leaves buildings, roads, sewers, and other real property improvements behind.

      (5) Some of the European NATO allies have agreed to pay the United States for the residual value of the real property improvements left behind.

      (6) Although the United States military drawdown has been rapid since 1990, European allies have been slow to pay the United States the residual value of the sites released by the United States.

      (7) As of 1994, the United States has recouped only $33,300,000 in cash, most of which was recovered in 1989.

      (8) Although the United States has released to Germany over 60 percent of the military sites planned for closure by the United States in that country and the current value of United States facilities to be returned to the German government is estimated at approximately $2,700,000,000, the German government has budgeted only $25,000,000 for fiscal year 1994 for payment of compensation for the United States investment in those facilities.

    (b) POLICY- It is the sense of Congress that--

      (1) the President should redouble efforts to recover the value of the United States investment in the military infrastructure in NATO countries;

      (2) the President should enter into negotiations with the government of each NATO host country with a presumption that payments to compensate the United States for the negotiated value of improvements will be made in cash and deposited in the Department of Defense Overseas Military Facility Investment Recovery Account;

      (3) the President should enter into negotiations for payments-in-kind only as a last resort and only after informing the Congress that negotiations for cash payments have not been successful; and

      (4) to the extent that in-kind contributions are received in lieu of cash payments in any fiscal year, the in-kind contributions should be used for projects that are identified priorities of the Department of Defense.

    (c) REQUIREMENTS AND LIMITATIONS RELATING TO PAYMENTS-IN-KIND- (1) Subsection (e) of section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2687 note) is amended--

      (A) by inserting ‘(1)’ after ‘NEGOTIATIONS FOR PAYMENTS-IN-KIND- ’;

      (B) by striking out ‘a written notice’ and all that follows and inserting in lieu thereof ‘to the appropriate congressional committees a written notice regarding the intended negotiations.’; and

      (C) by adding at the end the following new paragraphs:

    ‘(2) The notice shall contain the following:

      ‘(A) A justification for entering into negotiations for payments-in-kind with the host country.

      ‘(B) The types of benefit options to be pursued by the Secretary in the negotiations.

      ‘(C) A discussion of the adjustments that are intended to be made in the future-years defense program or in the budget of the Department of Defense for the fiscal year in which the notice is submitted or the following fiscal year in order to reflect costs that it may no longer be necessary for the United States to incur as a result of the payments-in-kind to be sought in the negotiations.

    ‘(3) For purposes of this subsection, the appropriate congressional committees are--

      ‘(A) the Committee on Armed Services, the Committee on Appropriations, and the Defense Subcommittees of the Committee on Appropriations of the House of Representatives; and

      ‘(B) the Committee on Armed Services, the Committee on Appropriations, and the Defense Subcommittees of the Committee on Appropriations of the Senate.’.

    (2) Such section is further amended by adding at the end the following new subsection:

    ‘(h) CONGRESSIONAL OVERSIGHT OF PAYMENTS-IN-KIND- (1) Not less than 30 days before concluding an agreement for acceptance of military construction or facility improvements as a payment-in-kind, the Secretary of Defense shall submit to Congress a notification on the proposed agreement. Any such notification shall contain the following:

      ‘(A) A description of the military construction project or facility improvement project, as the case may be.

      ‘(B) A certification that the project is needed by United States forces.

      ‘(C) An explanation of how the project will aid in the achievement of the mission of those forces.

      ‘(D) A certification that, if the project were to be carried out by the Department of Defense, appropriations would be necessary for the project and it would be necessary to provide for the project in the next future-years defense program.

    ‘(2) Not less than 30 days before concluding an agreement for acceptance of host nation support or host nation payment of operating costs of United States forces as a payment-in-kind, the Secretary of Defense shall submit to Congress a notification on the proposed agreement. Any such notification shall contain the following:

      ‘(A) A description of each activity to be covered by the payment-in-kind.

      ‘(B) A certification that the costs to be covered by the payment-in-kind are included in the budget of one or more of the military departments or that it will otherwise be necessary to provide for payment of such costs in a budget of one or more of the military departments.

      ‘(C) A certification that, unless the payment-in-kind is accepted or funds are appropriated for payment of such costs, the military mission of the United States forces with respect to the host nation concerned will be adversely affected.’.

SEC. 1306. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.

    (a) USE OF CONTRIBUTIONS- Funds received by the United States Government from the Federal Republic of Germany as its fair share of the costs of the George C. Marshall European Center for Security Studies shall be credited to appropriations available to the Department of Defense for the George C. Marshall European Center for Security Studies. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes and the same period as the appropriations with which merged.

    (b) WAIVER OF CHARGES- (1) The Secretary of Defense may waive reimbursement of the costs of conferences, seminars, courses of instruction, or similar educational activities of the George C. Marshall European Center for Security Studies for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace if the Secretary determines that attendance by such personnel without reimbursement is in the national security interest of the United States.

    (2) Costs for which reimbursement is waived pursuant to paragraph (1) shall be paid from appropriations available for the Center.

SEC. 1307. SENSE OF THE SENATE CONCERNING PARTICIPATION IN ALLIED DEFENSE COOPERATION.

    It is the sense of the Senate that the President should use existing authorities to the greatest extent possible to authorize the provision of the following types of assistance and cooperation to countries that are participating in the Partnership for Peace and are making significant progress in working with the North Atlantic Treaty Organization:

      (1) Defense articles and services, as defined in the Foreign Assistance Act of 1961 and the Arms Export Control Act.

      (2) Loan of materials, supplies, and equipment for research and development purposes.

      (3) Leases and loans of major defense equipment and other defense articles.

      (4) Cooperative military airlift agreements.

      (5) The procurement of communications support and related supplies and services.

      (6) Actions to standardize equipment with North Atlantic Treaty Organization members.

Subtitle B--Matters Relating to Several Countries

SEC. 1311. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS BASING ACTIVITIES.

    (a) LIMITATION- The total amount authorized to be appropriated to the Department of Defense for operation and maintenance and for military construction (including construction and improvement of military family housing) that is obligated to conduct overseas basing activities during fiscal year 1995 may not exceed $8,181,000,000, except to the extent provided by the Secretary of Defense under subsection (b).

    (b) EXCEPTION- The Secretary of Defense may increase the amount of the limitation under subsection (a) by such amount as the Secretary determines to be necessary in the national interest, except that such increase may not exceed $400,000,000. The Secretary may not make any such increase until the Secretary notifies the Congress of the Secretary’s intent to make such an increase and a period of 15 days elapses after the day on which the notification is received by the Congress.

    (c) ALLOCATIONS OF SAVINGS- Any amounts appropriated to the Department of Defense for fiscal year 1995 for the purposes covered by subsection (a) that are not available to be used for those purposes by reason of the limitation in that subsection shall be allocated by the Secretary of Defense for operation and maintenance and for military construction activities of the Department of Defense at military installations and facilities located inside the United States.

    (d) DEFINITION- In this section, the term ‘overseas basing activities’ has the meaning given such term in section 1401(d)(2) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1825), except that such term does not include activities of the Department of Defense for which funds are provided through appropriations for Military Personnel.

SEC. 1312. 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 203,000.

    ‘(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. 1313. COST-SHARING POLICY AND REPORT.

    (a) POLICY- It is the policy of the United States that the North Atlantic Treaty Organization (NATO) allies should assist the United States in paying the incremental costs incurred by the United States for maintaining members of the Armed Forces in assignments to permanent duty ashore in European member nations of NATO solely for support of NATO roles and missions.

    (b) IMPLEMENTATION- The President shall take all necessary actions to ensure the effective implementation of the policy set forth in subsection (a).

    (c) REPORT- The Secretary of Defense shall include in the annual report required by section 1002(d) of the Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the following:

      (1) A description of the United States military forces assigned to permanent duty ashore in European member nations of NATO and an analysis of the cost of providing and maintaining such forces in such assignment primarily for support of NATO roles and missions.

      (2) A description of the United States military forces assigned to permanent duty ashore in European member nations of NATO primarily in support of other United States interests in other regions of the world and an analysis of the cost of providing and maintaining such forces in such assignment primarily for that purpose.

      (3) A specific enumeration and description of the offsets to United States costs of providing and maintaining United States military forces in Europe that the United States received from other NATO member nations in the fiscal year covered by the report, set out by country and by type of assistance, including both in-kind assistance and direct cash reimbursement, and the projected offsets for the five fiscal years following the fiscal year covered by the report.

    (d) INCREMENTAL COSTS DEFINED- For purposes of subsection (a), the definition provided for the term ‘incremental costs’ in section 1046 of the National Defense Authorization Act for Fiscal Years 1992 and 1993, as added by subsection (e), shall apply with respect to maintaining members of the Armed Forces in assignments to permanent duty ashore in European member nations of NATO in the same manner as such term applies with respect to permanent stationing ashore of United States forces in foreign nations for purposes of subsection (e)(4) of such section 1046.

    (e) DEFINITION FOR REPORTING REQUIREMENT- Section 1046 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1466; 22 U.S.C. 1928 note) is amended by adding at the end the following new subsection:

    ‘(f) INCREMENTAL COSTS DEFINED- In this section, the term ‘incremental costs’, with respect to permanent stationing ashore of United States forces in foreign nations, means the difference between the costs associated with maintaining United States military forces in assignments to permanent duty ashore in the foreign nations and the costs associated with maintaining those same military forces at military bases in the United States.’.

SEC. 1314. REPORT ASSESSING THE NATIONAL SECURITY CONSEQUENCES OF UNITED STATES MILITARY COOPERATION PROGRAMS.

    (a) REPORT- The Secretary of Defense shall submit to Congress a report assessing the national security consequences of United States military cooperation programs. The report shall be submitted not later than the date of the submission to Congress of the next annual report of the Secretary of Defense submitted under section 113 of title 10, United States Code, after the date of the enactment of this Act.

    (b) MATTERS TO BE INCLUDED- The report under subsection (a) shall include the following:

      (1) A description of cooperative military relationships in effect.

      (2) A description of how activities under those relationships are intended to improve United States national security.

      (3) An assessment of the risks to the United States associated with engaging in military cooperation programs with foreign countries should the government of any of such country change its political orientation in a manner hostile to United States interests.

      (4) An analysis of the effect on United States national security of possible multilateral actions to reduce the military capability of governments and military forces that could pose a future threat to United States interests.

      (5) An assessment of any implications for regional security effected by existing cooperative military relationships.

    (c) FORM OF REPORT- The report under subsection (a) shall be submitted in unclassified form and, to the extent necessary, in classified form.

SEC. 1315. REVIEW AND REPORT REGARDING DEPARTMENT OF DEFENSE PROGRAMS RELATING TO REGIONAL SECURITY AND HOST NATION DEVELOPMENT IN THE WESTERN HEMISPHERE.

    (a) FINDINGS- Congress makes the following findings:

      (1) The political environment in the Western Hemisphere has been characterized in recent years by significant democratic advances and an absence of international strife, but democracy in some nations of the region is fragile.

      (2) It is desirable for the Department of Defense to perform a positive role in influencing the defense establishments and military forces of nations in the Western Hemisphere to make positive contributions to the democratic process and to domestic development programs of their respective nations.

      (3) Congress receives a number of annual reports relating to specific authorities granted to the Secretary of Defense under title 10, United States Code, such as the authorities relating to the conduct of bilateral or regional cooperation programs under section 1051 of that title, participation of developing countries in combined exercises under section 2010 of that title, and the training of special operations forces with friendly forces under section 2011 of that title.

      (4) The annual reports are replete with statistics and dollar figures and generally lacking in substance.

      (5) Congress does not receive annual reports with respect to other authorities of the Secretary of Defense, such as that relating to Latin American cooperation under section 1050 of title 10, United States Code.

      (6) Testimony before Congress (including in particular the testimony of the commander of the United States Southern Command and the commander of the United States Atlantic Command) has emphasized the conduct of a large number of complementary programs under the leadership and supervision of those two commanders to foster appropriate military roles in democratic host nations and to assist countries in developing forces properly trained to address their security needs, including needs regarding illegal immigration, insurgencies, smuggling of illegal arms, munitions, and explosives across borders, and drug trafficking.

      (7) Most of the programs referred to in paragraph (6) provide excellent and often unique training and experience to the United States forces involved.

      (8) Military-to-military contact programs in the Western Hemisphere provide another tool to encourage a democratic orientation of the defense establishments and military forces of countries in the region.

      (9) There is a need for the Secretary of Defense to conduct a comprehensive review of the several authorities in title 10, United States Code, for the Secretary of Defense to engage in cooperative regional security programs with other countries in the Western Hemisphere in order to determine whether the authorities continue to be appropriate and necessary, particularly in the light of the changed circumstances in the region.

      (10) There is a need for the Secretary of Defense to conduct a comprehensive review of various programs carried out pursuant to such authorities to ensure that such programs are designed to meet the needs of the host nations involved and the regional strategic and foreign policy objectives of the United States, including promotion of sustainable development, effective control of the military by elected civilian authorities, reliable regional security accords, and the appropriate role for militaries in democratic societies.

      (11) There is a need for the Secretary of Defense to assess the strengths and weaknesses of the various regional security organizations, defense forums, and defense education institutions in the Western Hemisphere in order to identify any improvements needed to harmonize the defense policies of the United States and those of friendly nations of the region.

    (b) REVIEW AND REPORT- Not later than May 1, 1995, the Secretary of Defense, shall--

      (1) in consultation with the Chairman of the Joint Chiefs of Staff and the commanders of the combatant commands responsible for regions in the Western Hemisphere, carry out a comprehensive review and assessment of the matters referred to in paragraphs (2), (9), (10), and (11) of subsection (a); and

      (2) submit to Congress a report on the review and assessment carried out pursuant to paragraph (1).

    (c) CONTENT OF REPORT- The report shall contain a detailed and comprehensive description, discussion, and analysis of the following:

      (1) The Department of Defense plan to support United States strategic objectives in the Western Hemisphere.

      (2) The external and internal threats to the national security of the nations of the region.

      (3) The various regional security cooperative programs carried out by the Department of Defense in the region in 1994, including training and education programs in the host nations and in the United States and defense contacts set forth on a country-by-country basis, the statutory authority, if any, for such programs, and the strategic objectives served.

      (4) The various regional security organizations, defense forums, and defense education institutions that the United States maintains or in which the United States participates.

      (5) The contribution that such programs, defense contacts, organizations, forums, and institutions make to the advancement of regional security, host nation security and national development, United States strategic objectives, and United States foreign policy objectives as described in paragraph (10) of subsection (a).

      (6) United States humanitarian civic assistance and civic action programs conducted with host countries in the region and the effect that those programs have had in furthering the objectives described in paragraph (10) of subsection (a).

      (7) The changes made or to be made in the programs, organizations, forums, and institutions referred to in paragraphs (3), (4), (5), and (6) as a result of the comprehensive review.

    (d) RECOMMENDED LEGISLATION- The report shall include any recommendations for legislation that the Secretary considers necessary to improve the ability of the Department to achieve its strategic objectives in the Western Hemisphere.

    (e) CLASSIFICATION OF REPORT- The report shall be submitted in an unclassified form and may, if necessary, have a classified supplement.

SEC. 1316. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

    (a) ACTIVITIES AUTHORIZED- (1) Chapter 6 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 168. Military-to-military contacts and comparable activities

    ‘(a) PROGRAM AUTHORITY- The Secretary of Defense may conduct military-to-military contacts and comparable activities that are designed to encourage a democratic orientation of defense establishments and military forces of other countries.

    ‘(b) ADMINISTRATION- The Secretary may provide funds appropriated for carrying out subsection (a) to the following officials for use as provided in subsection (c):

      ‘(1) The commander of a combatant command, upon the request of the commander.

      ‘(2) An officer designated by the Chairman of the Joint Chiefs of Staff, with respect to an area or areas not under the area of responsibility of a commander of a combatant command.

      ‘(3) The head of any Department of Defense component.

    ‘(c) AUTHORIZED ACTIVITIES- An official provided funds under subsection (b) may use those funds for the following activities and expenses:

      ‘(1) The activities of traveling contact teams, including any transportation expense, translation services expense, or administrative expense that is related to such activities.

      ‘(2) The activities of military liaison teams.

      ‘(3) Exchanges of civilian or military personnel between the Department of Defense and defense ministries of foreign governments.

      ‘(4) Exchanges of military personnel between units of the armed forces and units of foreign armed forces.

      ‘(5) Seminars and conferences held primarily in a theater of operations.

      ‘(6) Distribution of publications primarily in a theater of operations.

      ‘(7) Personnel expenses for Department of Defense civilian and military personnel to the extent that those expenses relate to participation in an activity described in paragraph (3), (4), (5), or (6).

      ‘(8) Reimbursement of military personnel appropriations accounts for the pay and allowances paid to reserve component personnel for service while engaged in any activity referred to in another paragraph of this subsection.

    ‘(d) RELATIONSHIP TO OTHER FUNDING- Any amount provided during any fiscal year to an official under subsection (b) for an activity or expense referred to in subsection (c) shall be in addition to amounts otherwise available for those activities and expenses for that fiscal year.

    ‘(e) LIMITATIONS- (1) Funds may not be provided under this section for a fiscal year for any activity for which--

      ‘(A) funding was proposed in the budget submitted to Congress for that fiscal year pursuant to section 1105(a) of title 31; and

      ‘(B) Congress did not authorize appropriations.

    ‘(2) An activity may not be conducted under this section with a foreign country unless the Secretary of State approves the conduct of such activity in that foreign country.

    ‘(3) Funds may not be provided under this section for a fiscal year for any country that is not eligible in that fiscal year for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961.

    ‘(4) Except for those activities specifically authorized under subsection (c), funds may not be used under this section for the provision of defense articles or defense services to any country or for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961.

    ‘(f) MILITARY-TO-MILITARY CONTACTS DEFINED- In this section, the term ‘military-to-military contacts’ means contacts between members of the armed forces and members of foreign armed forces through activities described in subsection (c).’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘168. Military-to-military contacts and comparable activities.’.

    (b) FISCAL YEAR 1995 FUNDING- Of the amount authorized to be appropriated under section 301(5) for operation and maintenance for Defense-wide activities, $46,300,000 shall be available to the Secretary of Defense for the purposes of carrying out activities under section 168 of title 10, United States Code, as added by subsection (a).

    (c) FISCAL YEAR 1995 ACTIVE DUTY END STRENGTHS- (1) A member of a reserve component described in paragraph (2) shall not be counted (under section 115(a)(1) of title 10, United States Code) against the applicable end strength limitation for members of the Armed Forces on active duty for fiscal year 1995 prescribed in section 401.

    (2) Paragraph (1) applies in the case of a member of a reserve component who is on active duty under a call or order to active duty for 180 days or more for activities under section 168 of title 10, United States Code, as added by subsection (a).

    (d) REPORT- Not later than February 15, 1995, the Secretary of Defense shall submit to Congress a report on the management structure of the military-to-military contacts program.

SEC. 1317. 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 Treaty Organization 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 of such title is amended--

      (1) in subsection (a)(1)--

        (A) by striking out ‘with--’ in the matter preceding subparagraph (A) and inserting in lieu thereof ‘with any of the following:’;

        (B) in subparagraph (A)--

          (i) by capitalizing the first letter of the first word; and

          (ii) by striking out the semicolon at the end and inserting in lieu thereof a period;

        (C) in subparagraph (B)--

          (i) by capitalizing the first letter of the first word; and

          (ii) by striking out ‘; or’ at the end and inserting in lieu thereof a period;

        (D) by redesignating subparagraph (C) as subparagraph (D) and capitalizing the first letter of the first word of that subparagraph; and

        (E) 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.’;

      (2) in subsection (a)(2), by striking out ‘subsidiary body’ both places it appears and inserting in lieu thereof ‘organization’; and

      (3) in subsection (c), by striking out ‘as a routine or normal source’ and inserting in lieu thereof ‘or international organization’.

    (c) LAW APPLICABLE TO ACQUISITION AND CROSS-SERVING AGREEMENTS- (1) Section 2343 of such title is amended--

      (A) by striking out subsection (a); and

      (B) by striking out ‘(b)’ before ‘Sections’.

    (2)(A) The heading of such section is amended to read as follows:

‘Sec. 2343. Waiver of applicability of certain laws’.

    (B) The item relating to such section in the table of sections at the beginning of subchapter I of chapter 138 of such title is amended to read as follows:

      ‘2343. Waiver of applicability of certain laws.’.

    (d) METHOD OF PAYMENT FOR ACQUISITIONS AND TRANSFERS BY THE UNITED STATES- Section 2344(b)(4) of such title is amended by inserting after ‘North Atlantic Treaty Organization subsidiary bodies’ the following: ‘and the United Nations Organization or any regional international organization of which the United States is a member’.

    (e) LIQUIDATION OF ACCRUED CREDITS AND LIABILITIES- Section 2345(a) of such title is amended by striking out ‘three’ in the first sentence and inserting in lieu thereof ‘12’.

    (f) CREDITING OF RECEIPTS- Section 2346 of such title is amended by striking out ‘shall be credited to applicable appropriations, accounts, and funds of the Department of Defense’ and inserting in lieu thereof ‘shall be credited, at the option of the Secretary of Defense, to (1) the appropriation, fund, or account used in incurring the obligation, or (2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made’.

    (g) LIMITATION ON AMOUNTS THAT MAY BE OBLIGATED OR ACCRUED BY THE UNITED STATES- Section 2347 of such title is amended--

      (1) in subsection (a)(1)--

        (A) by striking out ‘and’ the first place it appears and inserting in lieu thereof a comma;

        (B) by inserting after ‘subsidiary bodies of the North Atlantic Treaty Organization’ the following: ‘, or from the United Nations Organization or any regional international organization of which the United States is a member’;

        (C) by striking out ‘$150,000,000’ and inserting in lieu thereof ‘$200,000,000’; and

        (D) by striking out ‘$25,000,000’ and inserting in lieu thereof ‘$50,000,000’;

      (2) in subsection (a)(2)--

        (A) by striking out ‘$10,000,000’ the first place it appears and inserting in lieu thereof ‘$60,000,000’;

        (B) by striking out ‘$2,500,000’ and inserting in lieu thereof ‘$20,000,000’; and

        (C) by striking out ‘$10,000,000’ the second place it appears and inserting in lieu thereof ‘$60,000,000’;

      (3) in subsection (b)(1)--

        (A) by striking out ‘and’ the first place it appears and inserting in lieu thereof a comma;

        (B) by inserting after ‘subsidiary bodies of the North Atlantic Treaty Organization’ the following: ‘, or from the United Nations Organization or any regional international organization of which the United States is a member’; and

        (C) by striking out ‘$100,000,000’ and inserting in lieu thereof ‘$150,000,000’;

      (4) in subsection (b)(2), by striking out ‘$10,000,000’ and inserting in lieu thereof ‘$75,000,000’; and

      (5) by adding at the end the following new subsection:

    ‘(c) When the armed forces are involved in a contingency operation or in a non-combat operation (including an operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operations under chapter VI or VII of the Charter of the United Nations), the restrictions in subsections (a) and (b) are waived for the purposes and duration of that operation.’.

    (h) 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 selling (whether for payment in currency, replacement-in-kind, or exchange of supplies or services of equal value), leasing, loaning, or otherwise temporarily providing logistic support, supplies, and services under the terms of a cross-servicing agreement.’.

    (i) ANNUAL REPORT REQUIREMENT- (1) Subchapter I of chapter 138 of title 10, United States Code, is amended by inserting after section 2349 the following new section:

‘Sec. 2349a. Annual report on non-NATO agreements

    ‘(a) REPORT- The Secretary of Defense shall submit to Congress, not later than January 15 of each of 1996, 1997, 1998, 1999, and 2000, a report covering non-NATO cross-servicing and acquisition actions in effect during the preceding fiscal year.

    ‘(b) MATTERS TO BE INCLUDED- Each such report shall set forth in detail the following with respect to the preceding fiscal year:

      ‘(1) The total dollar amounts involved.

      ‘(2) A description of any services and equipment provided or received through those actions.

      ‘(3) A description of any equipment provided through those actions that is not returned.

      ‘(4) The volume of credits and liabilities accrued and liquidated.

    ‘(c) NON-NATO AGREEMENTS- For purposes of this section, a non-NATO cross-servicing and acquisition agreement is a cross-servicing and acquisition agreement under this subchapter that involves countries or organizations other than North Atlantic Treaty Organization countries or subsidiary bodies.’.

    (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2349 the following new item:

      ‘2349a. Annual report on non-NATO agreements.’.

    (j) 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. 1318. PERMANENT AUTHORITY FOR DEPARTMENT OF DEFENSE TO SHARE EQUITABLY THE COSTS OF CLAIMS UNDER INTERNATIONAL ARMAMENTS COOPERATIVE PROGRAMS.

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

Subtitle C--Matters Relating to Specific Countries

SEC. 1321. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND ISRAEL.

    (a) FINDINGS- Congress makes the following findings:

      (1) The President has reiterated the long-standing United States commitment to maintaining the qualitative superiority of the Israeli Defense Force over any combination of adversaries.

      (2) Congress continues to recognize the many benefits to the United States from its strategic relationship with Israel, including enhancing regional stability and technical cooperation.

      (3) Despite the momentous peace process in which Israel and its neighbors are productively engaged, Israel continues to face difficult threats to its national security that are compounded by the proliferation of weapons of mass destruction and ballistic missiles.

      (4) Congress is supportive of the objective of the President to enhance United States-Israel military and technical cooperation, particularly in the areas of missile defense and counter-proliferation.

    (b) SENSE OF CONGRESS- It is the sense of Congress that--

      (1) the President should ensure that any conventional defense system or technology offered for release to any NATO or other major non-NATO ally should concurrently be available for purchase by Israel unless such action would contravene United States national interests; and

      (2) the President should make available to Israel, within existing technology transfer laws, regulations, and policies, advanced United States technology necessary for continued progress in cooperative United States-Israel research and development of theater missile defenses.

SEC. 1322. READINESS OF MILITARY FORCES OF THE REPUBLIC OF KOREA.

    (a) FINDINGS- Congress makes the following findings:

      (1) Under existing security arrangements between the United States and the Republic of Korea, responsibility for the defense of the territory of the Republic of Korea is allocated so that the Republic of Korea has primary responsibility for the ground defense of its territory and the United States has primary responsibility for air and sea defense of the Korean peninsula and for reinforcement.

      (2) The Force Improvement Program of the Republic of Korea has not fully addressed critical shortfalls in its ground force capability which continue to exist even though the Republic of Korea spends approximately $12,000,000,000 annually on defense while the Democratic People’s Republic of Korea spends approximately $4,000,000,000 annually on defense. The Republic of Korea has directed substantial defense resources to procuring submarines, destroyers, advanced aircraft, and other military systems that are marginal to its primary ground defense responsibility.

      (3) The defense acquisition decisions of the Republic of Korea have had the effect of not allowing the Republic of Korea to attain self-sufficiency in its ground defense responsibility. As a result, there exists an undue burden on the United States for the ground defense of the Korean peninsula.

      (4) The lack of intelligence capability to forecast the military intentions of the Democratic People’s Republic of Korea presents major problems for the combined United States-Republic of Korea defense of South Korea.

      (5) A short-warning attack by the Democratic People’s Republic of Korea would cause major losses to the combined United States-Republic of Korea ground force.

    (b) SENSE OF CONGRESS- It is the sense of Congress that the President should urge the Republic of Korea to continue to improve its military ground forces with emphasis on counterartillery capabilities, defense against ballistic missiles and weapons of mass destruction, combined United States-Republic of Korea logistics capabilities, combined United States-Republic of Korea medical support, and combined United States-Republic of Korea capabilities for tactical intelligence and indications and warning of a North Korean attack.

    (c) REPORT- Not later than January 15, 1995, the Secretary of Defense shall submit to Congress a report, in classified form, on--

      (1) the readiness of the military forces of the Republic of Korea to defeat an attack by the military forces of the Democratic People’s Republic of Korea; and

      (2) the adequacy of the defense acquisition strategy of the Republic of Korea to meet its primary ground defense mission.

SEC. 1323. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF A FORCE REQUIRED FOR A MAJOR REGIONAL CONTINGENCY ON THE KOREAN PENINSULA.

    (a) FINDINGS- Congress makes the following findings:

      (1) The Secretary of Defense conducted the Bottom-Up Review during 1993 to establish the size and structure for the Armed Forces for the Post-Cold-War era.

      (2) The report on the Bottom-Up Review cites the need for the Armed Forces to be large enough to prevail in two major regional conflicts ‘nearly simultaneously’.

      (3) The report on the Bottom-Up Review gives special consideration to a scenario that hypothesizes that the two ‘nearly simultaneous’ conflicts would occur in Korea and the Persian Gulf.

      (4) The United States sent 7 Army divisions, the equivalent of 10 Air Force tactical fighter wings, 70 heavy bombers, 6 Navy aircraft carrier battle groups, and 5 Marine Corps brigades to the Persian Gulf to fight the war against Iraq.

      (5) The report on the Bottom-Up Review asserts that the forces needed to fight two conflicts similar to that with Iraq can be drawn from a total military force of between 15 and 16 Army divisions, 20 Air Force tactical fighter wings, up to 184 heavy bombers, 11 active Navy aircraft carriers (along with one reserve/training carrier), and the equivalent of 12 Marine Corps brigades.

      (6) The report on the Bottom-Up Review recognizes that approximately 100,000 members of the Armed Forces will be stationed in Europe.

      (7) The report on the Bottom-Up Review recognizes that sizeable numbers of United States forces could be involved in peace enforcement and intervention operations at any one time.

      (8) The report on the Bottom-Up Review makes no specific recommendation as to the number of forces to be held in reserve to provide a rotation base either to relieve troops in the event one or both hypothetical conflicts result in lengthy deployments or to replace combat losses.

      (9) Military planners calculate that 430,000 or more United States military personnel may be needed to win a war with North Korea begun by an invasion of South Korea by North Korea.

      (10) In a worst case scenario, the size of the force military planners may request to help defend South Korea could exceed the levels that are consistent with the recommendations of the report on the Bottom-Up Review if the existing and future force requirements for a presence in Europe, possible peace enforcement operations, and an adequate rotation base, as well as a second regional conflict, must be fulfilled simultaneously.

      (11) The Bottom-Up Review was conducted for the purpose of force-sizing and was not meant to constrain operational planning.

    (b) SENSE OF CONGRESS CONCERNING BUR- It is the sense of Congress that--

      (1) the force structure identified in the report on the Bottom-Up Review should not be used to limit the size or structure of the force that United States military commanders may request in preparation for a major regional contingency on the Korean peninsula; and

      (2) the conclusions of the Bottom-Up Review should be continuously examined in light of the lessons learned from preparation for a major regional contingency on the Korean peninsula and from other military operations.

    (c) SENSE OF CONGRESS CONCERNING SITUATION ON KOREAN PENINSULA- It is the sense of Congress that the chairmen and ranking minority members of the Committees on Armed Services and chairmen and ranking minority members of the Appropriations Subcommittees on Defense of the Senate and House of Representatives should receive regular briefings from the Secretary of Defense on the situation on the Korean peninsula.

SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN NUCLEAR WEAPONS DEVELOPMENT PROGRAM.

    (a) FINDINGS- Congress makes the following findings:

      (1) Between 1950 and 1953, the United States led a military coalition that successfully repelled an invasion of the Republic of Korea by North Korea, at a cost of more than 54,000 American lives.

      (2) The United States and the Republic of Korea ratified a Mutual Security Treaty in 1954 that commits the United States to helping the Republic of Korea defend itself against external aggression.

      (3) Approximately 37,000 United States military personnel are presently stationed in the Republic of Korea.

      (4) The United States and the Republic of Korea have regularly conducted joint military exercises, including ‘Team Spirit’ exercises.

      (5) North Korea has built up an armed force nearly twice the size of that in the Republic of Korea and has not renounced the use of force, terrorism, and subversion in its attempts to subdue and subjugate the Republic of Korea.

      (6) Although North Korea signed the Treaty on the Non-Proliferation of Nuclear Weapons in 1985, it has impeded the international inspection of its nuclear facilities that is required of all signatories of that Treaty.

      (7) North Korea’s nuclear weapons and ballistic missile programs represent a grave threat to the security of the Korean peninsula and the entire world.

      (8) Efforts in recent years by the United States to reduce tensions on the Korean peninsula have included--

        (A) the withdrawal of all nuclear weapons from the territory of the Republic of Korea and a reduction in the number of United States military personnel stationed there;

        (B) the postponement of the 1994 Team Spirit exercises;

        (C) the establishment of direct diplomatic contacts with the North Korean government; and

        (D) the offer of expanded diplomatic and economic contacts with North Korea.

      (9) Weapons-grade plutonium can be extracted from the fuel rods removed from North Korea’s principal reactor at Yongbyon.

      (10) International inspectors were not permitted to examine and test in a timely manner spent fuel rods removed from North Korea’s principal nuclear reactor at Yongbyon, as required to ensure compliance with North Korea’s obligations under the Nuclear Non-Proliferation Treaty.

      (11) Diplomacy concerning the North Korean nuclear program has clearly reached a crucial stage, the unsatisfactory resolution of which would place the international nonproliferation regime in jeopardy and threaten the peace and security of the Korean peninsula, the Northeast Asia region, and, by extension, the rest of the world.

    (b) SENSE OF CONGRESS- It is the sense of Congress that--

      (1) the announced freeze on the North Korean nuclear program should remain in place until internationally agreed-upon safeguards of any North Korean civilian nuclear program can be made fully effective;

      (2) the North Korean government should take a further step toward verified cooperation with the international nonproliferation regime by--

        (A) permitting the unfettered international inspection and testing of the spent fuel rods removed from North Korea’s nuclear reactor at the Yongbyon nuclear complex, followed by adequate international supervision of the transfer of all spent fuel rods from the Yongbyon complex and their disposal in another country; and

        (B) accepting a comprehensive inspection process as required by the Treaty on the Non-Proliferation of Nuclear Weapons;

      (3) a resolution of the inspection controversy at the Yongbyon complex that allows for anything less than the full international inspection of facilities in that complex required by North Korea’s obligations under the Nuclear Non-Proliferation Treaty--

        (A) would be unsatisfactory; and

        (B) should prompt the Government of the United States to take such action as would indicate the severity with which the United States views this provocation against international norms; and

      (4) such action should include (but not necessarily be limited to)--

        (A) the seeking of international sanctions against North Korea; and

        (B) the rescheduling of the Team Spirit exercises for 1994.

SEC. 1325. REPORT ON SECURITY RELATIONSHIP BETWEEN THE UNITED STATES AND JAPAN.

    (a) REPORT REQUIRED- Not later than March 1, 1995, the Secretary of Defense shall submit a report to Congress regarding the security relationship between the United States and Japan.

    (b) CONTENT OF REPORT- The report required by this section shall contain the following:

      (1) An evaluation of the security objectives that the United States hopes to achieve in its relationship with Japan.

      (2) An analysis of the threats, dangers, and risks to the United States and Japan in the Asia-Pacific region.

      (3) An explanation of the United States strategy for achieving its security objectives with Japan and in the Asia-Pacific region.

      (4) An evaluation of the role of the United States-Japan Security Treaty in achieving United States security objectives with Japan and in the Asia-Pacific region.

      (5) An analysis of the contributions that regional security discussions, consultations, or frameworks could make to the achievement of United States and Japanese security objectives.

      (6) A discussion of the process by which the United States and Japan address joint infrastructure matters, such as land and training issues, throughout Japan, including Okinawa.

      (7) A description of the United States military facilities in Japan, including Okinawa, that have been transferred to Japan in the previous 10 years.

      (8) A description of the contribution that Japan makes to the costs incurred by the United States in stationing military forces in Japan.

      (9) A review of the United States military presence in Japan, including Okinawa, that contains the following information:

        (A) The number and location of United States personnel.

        (B) The number, size, and location of major United States military units.

        (C) An inventory and description of the utilization of United States military facilities, including their military, economic, and environmental aspects.

        (D) An explanation of the status of discussion between the United States and Japanese governments on joint infrastructure matters.

        (E) A description of United States training activities.

TITLE XIV--PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE ACTIVITIES

Subtitle A--Peace Operations

SEC. 1401. REPORTS ON REFORMING UNITED NATIONS PEACE OPERATIONS.

    (a) REPORTS REQUIRED- The Secretary of Defense shall submit to Congress two reports on proposals by the United States for improving management by the United Nations of peace operations. The Secretary shall submit the first report not later than December 1, 1994, and the second not later than June 1, 1995.

    (b) STATUS OF IMPLEMENTATION OF UNITED STATES PROPOSALS- Each report shall contain--

      (1) a discussion of the status of implementation of proposals by the United States contained in section IV (relating to strengthening the United Nations) of the document entitled ‘The Clinton Administration’s Policy on Reforming Multilateral Peace Operations’ that was issued by the Executive Office of the President in May 1994; and

      (2) an analysis of the results of such implementation.

    (c) SUBJECTS TO BE COVERED- Each report shall cover, at a minimum, the following matters:

      (1) The reconfiguration and expansion of the staff for the United Nations Department of Peacekeeping Operations.

      (2) The reasons for lengthy, potentially disastrous delays after a peace operation has been authorized and steps by the United Nations to reduce those delays.

      (3) The establishment by the United Nations of a professional peace operations training program for commanders and other military and civilian personnel.

      (4) Assistance by the United States to facilitate improvements by the United Nations in the matters described in paragraphs (1) and (3) and the terms under which such assistance has been or is being provided.

    (d) PEACE OPERATION DEFINED- In this section, the term ‘peace operation’ means an operation to maintain or restore international peace and security under chapter VI or chapter VII of the Charter of the United Nations.

SEC. 1402. REPORT ON MILITARY READINESS IMPLICATIONS OF BOSNIA PEACEKEEPING DEPLOYMENT.

    (a) REPORT- (1) The Secretary of Defense shall submit to the congressional defense committees a report assessing the implications for United States military readiness of the participation of United States ground combat forces in peacekeeping operations within Bosnia-Hercegovina.

    (2) The report shall be submitted not later than 90 days after the date of the enactment of this Act or 30 days following the deployment of United States ground forces to Bosnia-Hercegovina, whichever occurs sooner.

    (b) MATTERS TO BE INCLUDED- The report under subsection (a) shall include the following:

      (1) An estimate of the total number of forces required to carry out such an operation, including forces required for a rotation base.

      (2) An estimate of the expected duration of such an operation.

      (3) An estimate of the cost of such an operation, together with an explanation of how the Secretary proposes to provide funds for such an operation and an assessment of how such proposed funding plan would affect overall military readiness.

      (4) An assessment of the effect such an operation would have on the ability of the United States Armed Forces to execute successfully the two nearly-simultaneous major regional conflict strategy articulated in the Bottom-Up Review.

      (5) An assessment of how readily forces participating in such an operation could be redeployed to a major regional conflict, including an analysis of the availability of strategic lift, the likely condition of equipment, and the extent of retraining necessary to facilitate such a redeployment.

      (6) An assessment of the effect such an operation would have on the general combat readiness and deployability of combat units designated to be part of the contingency force, including the extent to which contingency force combat units would support the initial deployment and subsequent rotations.

      (7) An assessment of the effect such an operation would have on the general combat readiness and deployability of combat units not designated to be part of the contingency force, including the extent to which non-contingency force combat units would support the initial deployment and subsequent rotations.

      (8) For the initial deployment and subsequent rotations, an assessment of the number and type of combat support and combat service support units required from active forces, including how many of such units are designated to support the deployment of the contingency force.

      (9) An assessment of the degree to which such an operation would require the use of reserve component units and personnel and the use and timing of involuntary Selected Reserve call-up authority as provided by section 673b of title 10, United States Code.

      (10) An assessment of the anticipated cost of equipment refurbishment resulting from such an operation.

      (11) An assessment of how the increased operational tempo associated with such an operation would affect the mission capable readiness rates and overall health of both strategic and theater airlift assets.

    (c) DEFINITIONS- For purposes of this section:

      (1) The term ‘contingency force’ includes--

        (A) the set of four or five Army divisions that is designated as the Army contingency force by the Secretary of the Army, as well as Army active duty and reserve component combat, combat support, and combat service support units designated to respond to a regional conflict within the first 75 days of such conflict; and

        (B) Air Force, Navy, and Marine Corps active duty and reserve component combat, combat support, and combat service support units designated to respond to a regional conflict within the first 75 days of such conflict.

      (2) The term ‘Bottom-Up Review’ means the October 1993 Department of Defense report entitled ‘Report on the Bottom-Up Review’.

    (d) CLASSIFICATION OF REPORT- The report required by subsection (a) shall be submitted in unclassified form and, if necessary, in classified form.

SEC. 1403. REPORT ON INTELLIGENCE LESSONS LEARNED FROM UNITED STATES ACTIVITIES IN SOMALIA.

    (a) REPORT- The Secretary of Defense shall submit to Congress a report on the intelligence lessons learned from the United States participation in United Nations activities in Somalia.

    (b) MATTERS TO BE INCLUDED- The report shall--

      (1) specifically describe the availability of intelligence on forces of other nations and of indigenous forces operating in Somalia before, during, and after the insertion of United States forces; and

      (2) set forth a complete review of any intelligence failures, any equipment failures, and any equipment unavailability in the theater.

    (c) SUBMISSION OF REPORT- The report shall be submitted not later than 180 days after the date of the enactment of this Act.

SEC. 1404. BOSNIA AND HERCEGOVINA.

    (a) PURPOSE- It is the purpose of this section--

      (1) to express the sense of Congress concerning the international efforts to end the conflict in Bosnia and Hercegovina; and

      (2) to establish a process to end the arms embargo on the Government of Bosnia and Hercegovina.

    (b) STATEMENT OF SUPPORT- The Congress supports the efforts of the Contact Group to bring about a peaceful settlement of the conflict in Bosnia and Hercegovina based upon the Contact Group proposal.

    (c) SENSE OF CONGRESS- It is the sense of Congress that:

      (1) The United States should work with the member nations of the North Atlantic Treaty Organization and with other permanent members of the United Nations Security Council to bring about a peaceful settlement of the conflict in Bosnia and Hercegovina which maintains the territorial integrity of Bosnia and Hercegovina.

      (2) A peaceful settlement of the conflict must preserve an economically, politically, and militarily viable Bosnian state capable of exercising its rights under the Charter of the United Nations as part of a peaceful settlement, which rights include the inherent right of a sovereign state to self defense.

      (3) The acceptance of the Contact Group proposal by the Government of Bosnia and Hercegovina should lead to the lifting of the Bosnia arms embargo.

      (4) In providing weapons to the Bosnian Government or taking other actions, care should be taken to provide for the safety of the United Nations Protection Force (UNPROFOR) and the civilian personnel working for the United Nations or nongovernmental volunteer organizations.

      (5) The United States should immediately seek to organize an international effort to provide assistance to the states bordering Serbia and Montenegro to bring about more effective enforcement by those states of the international economic sanctions on the Government of Serbia and Montenegro.

    (d) GENERAL UNITED STATES POLICY- The United States should exercise leadership within the international community to cause the Bosnian Serb faction to accept the Contact Group proposal. Such action should be taken on separate but complementary international and unilateral tracks, as set forth in subsections (e), (f), and (g).

    (e) INTERNATIONAL POLICY- If the Bosnian Serbs do not accept the Contact Group proposal by the date that is the later of October 15, 1994, or the end of the 10-day period beginning on the date of the enactment of this Act, the President (or his representative) should, not later than 14 days thereafter, formally introduce and support in the United Nations Security Council a resolution to terminate the Bosnia arms embargo. The resolution should provide for the termination of the arms embargo no later than December 1, 1994 (and may allow for the termination to be accomplished in stages ending no later than that date).

    (f) UNILATERAL UNITED STATES POLICY- (1) If by the earlier of November 15, 1994, or the end of the 15-day period beginning on the date on which a resolution described in subsection (e) (or a similar resolution) is formally introduced, the United Nations Security Council has not agreed to such a resolution and the Bosnian Serbs have not accepted the Contact Group proposal--

      (A) the funding limitation specified in paragraph (2) shall be in effect;

      (B) the President shall submit a plan to, and shall consult with, Congress on the manner in which United States Armed Forces and the military forces of friendly states would provide training to the armed forces of the Government of Bosnia and Hercegovina outside of the territory of Bosnia and Hercegovina; and

      (C) the President shall submit a plan to, and shall consult with, Congress regarding the unilateral termination by the United States of compliance with the Bosnia arms embargo and the implications thereof.

    (2) If the funding limitation specified in this paragraph is in effect pursuant to paragraph (1)(A), then no funds appropriated by any provision of law may be used for the purpose of participation in, support for, or assistance to the enforcement of the Bosnia arms embargo by any Department, agency or other entity of the United States (or by any officer or employee of the United States or member of the Armed Forces of the United States) other than as required of all United Nations member states under the United Nations Security Council resolution referred to in subsection (h)(3) and the Charter of the United Nations.

    (3)(A) The President may waive the limitation in paragraph (2) in the case of United States military personnel serving in NATO headquarters positions.

    (B) Nothing in paragraph (2) is intended to impede enforcement of sanctions against Serbia.

    (g) INTERIM POLICY- If the Bosnian Serb faction attacks any area within those areas that have been designated by the United Nations as ‘safe areas’, the President (or his representative) should promptly formally introduce and support in the United Nations Security Council a resolution that authorizes a selective lifting of the Bosnia arms embargo in order to allow the provision of defensive weapons (such as anti-tank weapons, counter-battery radars, and mortars) to enable the forces of the Government of Bosnia and Hercegovina to defend the safe areas.

    (h) DEFINITIONS- For purposes of this section:

      (1) The term ‘Contact Group’ means the group composed of representatives of the United States, Russia, France, Britain, and Germany seeking to bring about a peaceful settlement of the conflict in Bosnia and Hercegovina.

      (2) The term ‘Contact Group proposal’ means the peace proposal of the Contact Group that has been agreed to by the Government of Bosnia and Hercegovina and rejected by the Bosnian Serb faction.

      (3) The term ‘Bosnia arms embargo’ means application to the Government of Bosnia and Hercegovina of the arms embargo imposed by United Nations Security Council resolution 713, of September 25, 1991.

Subtitle B--Assistance Activities

SEC. 1411. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.

    (a) OHDACA PROGRAMS- For purposes of section 301 and other provisions of this Act, programs of the Department of Defense designated as Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs are the programs provided by--

      (1) sections 401, 402, 2547, and 2551 of title 10, United States Code;

      (2) section 404 of title 10, United States Code, as added by section 1412; and

      (3) section 1413 of this Act.

    (b) LIMITATION- Not more than one-half of the amount authorized to be appropriated in section 301 for those programs may be obligated until 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.

SEC. 1412. FOREIGN DISASTER ASSISTANCE.

    (a) AUTHORITY- Subchapter I of chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 404. Foreign disaster assistance

    ‘(a) IN GENERAL- The President may direct the Secretary of Defense to provide disaster assistance outside the United States to respond to manmade or natural disasters when necessary to prevent loss of lives.

    ‘(b) FORMS OF ASSISTANCE- Assistance provided under this section may include transportation, supplies, services, and equipment.

    ‘(c) NOTIFICATION REQUIRED- Not later than 48 hours after the commencement of disaster assistance activities to provide assistance under this section, the President shall transmit to Congress a report containing notification of the assistance provided, and proposed to be provided, under this section and a description of so much of the following as is then available:

      ‘(1) The manmade or natural disaster for which disaster assistance is necessary.

      ‘(2) The threat to human lives presented by the disaster.

      ‘(3) The United States military personnel and material resources that are involved or expected to be involved.

      ‘(4) The disaster assistance that is being provided or is expected to be provided by other nations or public or private relief organizations.

      ‘(5) The anticipated duration of the disaster assistance activities.

    ‘(d) ORGANIZING POLICIES AND PROGRAMS- Amounts appropriated to the Department of Defense for any fiscal year for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the Department 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 subchapter is amended by adding at the end the following new item:

      ‘404. Foreign disaster assistance.’.

SEC. 1413. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING LANDMINES.

    (a) PROGRAM AUTHORIZED- The Secretary of Defense shall carry out a program for humanitarian purposes to provide assistance to other nations in the detection and clearance of landmines. Such assistance shall be provided through instruction, education, training, and advising of personnel of those nations in the various procedures that have been determined effective for detecting and clearing landmines.

    (b) FORMS OF ASSISTANCE- The Secretary may provide assistance under subsection (a) by--

      (1) providing Department of Defense personnel to conduct the instruction, education, or training or to furnish advice; or

      (2) providing financial assistance or in-kind assistance in support of such instruction, education, or training.

    (c) LIMITATION ON UNITED STATES MILITARY PERSONNEL- The Secretary of Defense shall ensure that no member of the Armed Forces of the United States--

      (1) while providing assistance under subsection (a), engages in the physical detection, lifting, or destroying of landmines (unless the member does so for the concurrent purpose of supporting a United States military operation); or

      (2) provides such assistance as part of a military operation that does not involve the Armed Forces of the United States.

    (d) USE OF FUNDS- Of the amount authorized to be appropriated by section 301 for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the Department of Defense, not more than $20,000,000 shall be available for the program under subsection (a). Such amount may be used--

      (1) for activities to support the clearing of landmines for humanitarian purposes, including activities relating to the furnishing of education, training, and technical assistance;

      (2) for the provision of equipment and technology by transfer or lease to a foreign government that is participating in a landmine clearing program under this section; and

      (3) for contributions to nongovernmental organizations that have experience in the clearing of landmines to support activities described in subsection (a).

    (e) NOTICE TO CONGRESS- The Secretary of Defense shall provide notice to Congress of any activity carried out under this section.

TITLE XV--ARMS CONTROL MATTERS

SEC. 1501. EXTENSION AND REVISION OF NONPROLIFERATION AUTHORITIES.

    (a) EXTENSION OF NONPROLIFERATION AUTHORITIES- Section 1505 of the National Defense Authorization Act for Fiscal Year 1993 (22 U.S.C. 5859a) is amended--

      (1) in subsection (a), by striking out ‘during fiscal year 1994’ and inserting in lieu thereof ‘during fiscal years 1994 and 1995’; and

      (2) in subsection (e)(1), by striking out ‘fiscal year 1994’ and inserting in lieu thereof ‘fiscal years 1994 and 1995’.

    (b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE PROVIDED- Subsection (b) 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.’; and

      (2) in paragraph (4), by striking out ‘nuclear proliferation through joint technical projects and improved intelligence sharing’ and inserting in lieu thereof ‘nuclear, biological, chemical, and missile proliferation through technical projects and improved information sharing’.

    (c) SOURCES OF ASSISTANCE- Subsection (d) of such section is amended--

      (1) in paragraph (1)--

        (A) by inserting ‘for fiscal year 1994’ after ‘under this section’; and

        (B) by striking out ‘fiscal year 1994 or’ and inserting in lieu thereof ‘fiscal year 1994. Funds provided as assistance under this section for fiscal year 1995 shall be derived from amounts made available to the Department of Defense for fiscal year 1995. Funds provided as assistance under this section for a fiscal year referred to in this paragraph may also be derived’; and

      (2) in paragraph (3), by inserting after ‘$25,000,000’ the following: ‘for fiscal year 1994 or $20,000,000 for fiscal year 1995’.

SEC. 1502. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED STATES.

    (a) NAME AND COMPOSITION- Subsection (a) of section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1845) is amended--

      (1) in paragraph (1)--

        (A) by striking out ‘Non-Proliferation Program Review Committee’ in the matter preceding subparagraph (A) and inserting in lieu thereof ‘Counterproliferation Program Review Committee’;

        (B) by striking out subparagraphs (B) and (E); and

        (C) by redesignating subparagraphs (C), (D), and (F) as subparagraphs (B), (C), and (D), respectively;

      (2) in paragraph (2), by adding at the end the following: ‘The Secretary of Energy shall serve as the Vice Chairman of the committee.’;

      (3) in paragraph (4), by adding at the end the following: ‘The Secretary of Energy may delegate to the Under Secretary of Energy responsible for national security programs of the Department of Energy the performance of the duties of the Vice Chairman of the committee.’; and

      (4) by striking out paragraph (5).

    (b) PURPOSES OF COMMITTEE- Subsection (b) of such section is amended--

      (1) in paragraph (1)(A), by striking out ‘nonproliferation policy’ and inserting in lieu thereof ‘counterproliferation policy’; and

      (2) by adding at the end the following new paragraphs:

      ‘(3) To establish priorities for programs and funding.

      ‘(4) To encourage and facilitate interagency and interdepartmental funding of programs in order to ensure necessary levels of funding to develop, operate, and field highly-capable systems.

      ‘(5) To ensure that Department of Energy programs are integrated with the operational needs of other departments and agencies of the Government.

      ‘(6) To ensure that Department of Energy national security programs include technology demonstrations and prototype development of equipment.’.

    (c) DUTIES- Subsection (c) of such section is amended--

      (1) in paragraph (1)--

        (A) by striking out ‘(including counterproliferation capabilities) and technologies for support of United States nonproliferation policy’ in the matter preceding subparagraph (A) and inserting in lieu thereof ‘and technologies for support of United States nonproliferation policy and counterproliferation policy’;

        (B) by inserting ‘and’ at the end of subparagraph (D); and

        (C) by striking out subparagraphs (F) and (G);

      (2) by striking out paragraphs (2), (3), and (7);

      (3) in paragraph (4), by striking out ‘to support fully the nonproliferation policy of the United States’;

      (4) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; and

      (5) by adding at the end the following new paragraph (5):

      ‘(5) assess each fiscal year the effectiveness of the committee actions during the preceding fiscal year, including, particularly, the status of recommendations made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the assessment is made.’.

    (d) COMMITTEE RECOMMENDATIONS- Subsection (e) of such section is amended to read as follows:

    ‘(e) RECOMMENDATIONS- The committee shall submit to the President and the heads of all appropriate departments and agencies of the Government such programmatic recommendations regarding existing, planned, or new programs as the committee considers appropriate to encourage funding for capabilities and technologies at the level necessary to support United States counterproliferation policy.’.

    (e) EXTENSION OF COMMITTEE- Subsection (f) of such section is amended by striking out ‘six months after the date on which the report of the Secretary of Defense under section 1606 is submitted to Congress’ and inserting in lieu thereof ‘at the end of September 30, 1996’.

    (f) HEADING AMENDMENT- The heading of such section is amended by striking out ‘proliferation’ and inserting in lieu thereof ‘counterproliferation’.

SEC. 1503. REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.

    (a) REPORT REQUIRED- (1) Not later than May 1, 1995, and May 1, 1996, the Secretary of Defense shall submit to Congress a report of the findings of the Counterproliferation Program Review Committee established by subsection (a) of the Review Committee charter.

    (2) For purposes of this section, the term ‘Review Committee charter’ means section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160), as amended by section 1502.

    (b) CONTENT OF REPORT- Each report under subsection (a) shall include the following:

      (1) A complete list, by specific program element, of the existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter.

      (2) A complete description of the requirements and priorities established by the Review Committee.

      (3) A comprehensive discussion of the near-term, mid-term, and long-term programmatic options formulated by the Review Committee for meeting requirements prescribed by the Review Committee and for eliminating deficiencies identified by the Review Committee, including the annual funding requirements and completion dates established for each such option.

      (4) An explanation of the recommendations made pursuant to subsection (c) of the Review Committee charter, together with a full discussion of the actions taken to implement such recommendations or otherwise taken on the recommendations.

      (5) A discussion and assessment of the status of each Review Committee recommendation during the fiscal year preceding the fiscal year in which the report is submitted, including, particularly, the status of recommendations made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, in the fiscal year of the report.

      (6) Each specific Department of Energy program that the Secretary of Energy plans to develop to initial operating capability and each such program that the Secretary does not plan to develop to initial operating capability.

      (7) For each technology program scheduled to reach initial operational capability, a recommendation from the Chairman of the Joint Chiefs of Staff that represents the views of the commanders of the unified and specified commands regarding the utility and requirement of the program.

    (c) FORMS OF REPORT- Each such report shall be submitted in both unclassified and classified forms, including an annex to the classified report for special compartmented information programs, special access programs, and special activities programs.

SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.

    (a) COUNTERPROLIFERATION ACTIVITIES- Of the amount authorized to be appropriated in section 201(4), $16,500,000 shall be available for counterproliferation activities.

    (b) LIMITATION- (1) Of the funds made available pursuant to subsection (a), $4,000,000 may not be obligated until the Secretary of Defense submits to Congress a report on a proposed classified counterproliferation database system. The report shall provide--

      (A) an assessment of current major databases and software capabilities of entities in the intelligence community and of national weapons laboratories and laboratories of the Armed Forces against capabilities defined in the proposed project; and

      (B) an assessment of the technical feasibility of the proposed system, program plan, strategy, milestones and future year funding.

    (2) No funds may be obligated for the database system described in the report until the Secretary of Defense and the Director of Central Intelligence enter into a written agreement concerning the program to develop that database system that provides--

      (A) how funding for that program is to be divided between (i) the account of the National Foreign Intelligence Program, and (ii) Tactical Intelligence and Related Program accounts; and

      (B) a plan for the sources of funds for, and the programmed amounts for, that program for fiscal years after fiscal year 1995.

    (c) EDUCATION IN SUPPORT OF COUNTERPROLIFERATION ACTIVITIES- Of the amount authorized to be appropriated in section 301(5), not more than $2,000,000 shall be available for providing education to members of the Armed Forces in matters relating to counterproliferation.

    (d) ADDITIONAL AUTHORITY TO TRANSFER AUTHORIZATIONS- (1) In addition to the transfer authority provided in section 1001, upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 1995 to counterproliferation programs, projects, and activities identified as areas for progress by the Counterproliferation Program Review Committee established by section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160), as amended by section 1502. Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

    (2) The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $100,000,000.

    (3) The authority provided by this subsection to transfer authorizations--

      (A) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

      (B) may not be used to provide authority for an item that has been denied authorization by Congress.

    (4) A transfer made from one account to another under the authority of this subsection shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

    (5) The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this subsection.

    (e) USE OF FUNDS FOR TECHNOLOGY DEVELOPMENT- (1) Of the funds authorized to be appropriated by section 201(4) for counterproliferation technology projects--

      (A) up to $5,000,000 shall be available for a program to detect, locate, and disarm weapons of mass destruction that are hidden by a hostile state or terrorist or terrorist group in a confined area outside the United States; and

      (B) up to $10,000,000 shall be available for the training program referred to in paragraph (3).

    (2) The Secretary of Defense shall make funds available for the program referred to in paragraph (1)(A) in a manner that, to the maximum extent practicable, ensures the effective use of existing resources of the national weapons laboratories.

    (3)(A) The training program referred to in paragraph (1)(B) is a training program carried out jointly by the Secretary of Defense and the Director of the Federal Bureau of Investigation in order to expand and improve United States efforts to deter the possible proliferation and acquisition weapons of mass destruction by organized crime organizations in Eastern Europe, the Baltic countries, and states of the former Soviet Union.

    (B) Of the funds available under paragraph (1)(B) for the program referred to in subparagraph (A), $9,000,000 may not be obligated or expended for that program until the Secretary of Defense and the Director of the Federal Bureau of Investigation jointly submit to the congressional committees specified in subparagraph (C) a report that--

      (i) identifies the nature and extent of the threat posed to the United States by the possible proliferation and acquisition of weapons of mass destruction by organized crime organizations in Eastern Europe, the Baltic countries, and states of the former Soviet Union;

      (ii) assesses the actions that the United States should undertake in order to assist law enforcement agencies of Eastern Europe, the Baltic countries, and states of the former Soviet Union in the efforts of such agencies to prevent and deter the theft of nuclear weapons material; and

      (iii) contains an estimate of--

        (I) the cost of undertaking such actions, including the costs of personnel, support equipment, and training;

        (II) the time required to commence the carrying out of the program referred to in paragraph (1)(B); and

        (III) the amount of funds, if any, that will be required in fiscal years after fiscal year 1995 in order to carry out the program.

    (C) The congressional committees referred to in this subparagraph are the following:

      (i) The Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.

      (ii) The Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.

SEC. 1505. 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) REVISION OF REPORTING REQUIREMENT- Such section is further amended--

      (1) by striking out subsections (d) and (e);

      (2) by redesignating subsection (f) as subsection (d); and

      (3) in subsection (d) (as so redesignated)--

        (A) by striking ‘and not later than October 30 of each year’; and

        (B) by striking out ‘six-month’ and inserting in lieu thereof ‘twelve-month’.

    (c) FISCAL YEAR 1995 AMOUNT- Of the funds authorized to be appropriated by section 201(4) for technical studies, support, and analysis (PE 605104D), up to $2,000,000 shall be available for studies relating to United States counterproliferation policy.

SEC. 1506. RESTRICTION RELATING TO SUBMISSION OF REPORT ON PROLIFERATION OF FOREIGN MILITARY SATELLITES.

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

SEC. 1507. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF PREVIOUSLY REQUIRED REPORT.

    (a) LIMITATION- Of the total amount specified in section 1505 for counterproliferation activities for fiscal year 1995, $1,000,000 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).

SEC. 1508. SENSE OF CONGRESS CONCERNING INDEFINITE EXTENSION OF NUCLEAR NON-PROLIFERATION TREATY.

    (a) FINDINGS- Congress makes the following findings:

      (1) The Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, D.C., London, and Moscow on July 1, 1968, is the centerpiece of global efforts to prevent the spread of nuclear weapons.

      (2) The United States has demonstrated longstanding support for that treaty and related efforts to prevent the spread of nuclear weapons.

      (3) President Clinton has declared that preventing the spread of nuclear weapons is one of the highest priorities of his Administration.

      (4) In April 1995, the parties to the Treaty on the Non-Proliferation of Nuclear Weapons will convene a conference in New York City to discuss the indefinite extension of the treaty.

      (5) The policy of the President is to seek at that conference the indefinite and unconditional extension of that treaty.

    (b) SENSE OF CONGRESS- It is the sense of Congress that--

      (1) the President has the full support of Congress in seeking the indefinite and unconditional extension of the Treaty on the Non-Proliferation of Nuclear Weapons;

      (2) the President, when formulating and implementing other elements of nonproliferation policy of the United States (including United States counterproliferation doctrine, the Nuclear Posture Review, and nuclear testing policy), should take into account the objectives of the United States at the 1995 conference of the parties to the Treaty on the Non-Proliferation of Nuclear Weapons; and

      (3) the President and the President’s senior national security advisers should dedicate themselves to ensuring the indefinite and unconditional extension of the Treaty on the Non-Proliferation of Nuclear Weapons at the 1995 conference for that treaty.

SEC. 1509. NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS TESTING.

    (a) FINDINGS- Congress makes the following findings:

      (1) On January 25, 1994, the United States and 37 other nations began negotiations for a comprehensive treaty to ban permanently all nuclear weapons testing.

      (2) On March 14, 1994, the President extended the current United States moratorium on nuclear weapons testing through September 1995.

      (3) The United States is seeking to extend indefinitely the Treaty on the Non-Proliferation of Nuclear Weapons at the conference of the parties to the Treaty to be held in New York City in April 1995.

      (4) Conclusion of a comprehensive nuclear test ban treaty could contribute toward successful negotiations to extend the Treaty on the Non-Proliferation of Nuclear Weapons.

      (5) Agreements to eliminate nuclear weapons testing and to control the spread of nuclear weapons could contribute to the national security of the United States, its allies, and other nations around the world.

    (b) STATEMENT OF CONGRESSIONAL POLICY- In view of the findings set forth in subsection (a), Congress--

      (1) applauds the President for maintaining the United States moratorium on nuclear weapons testing and for taking a leadership role toward negotiation of a comprehensive nuclear test ban treaty;

      (2) encourages all nuclear powers to refrain from conducting nuclear explosions, before the conclusion of a comprehensive nuclear test ban treaty; and

      (3) urges the Conference on Disarmament to make all possible progress toward a comprehensive nuclear test ban treaty by the end of 1994.

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

SEC. 1601. SHORT TITLE.

    This title may be cited as the ‘Reserve Officer Personnel Management Act’.

SEC. 1602. 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. 1611. 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.

10001

10101

10141

10201

10301

10501

10541

‘PART II--PERSONNEL GENERALLY

12001

12101

12201

12241

12301

12401

12501

‘1215. Miscellaneous Prohibitions and Penalties ...............

--[No present sections]

12601

12641

12681

12731

12771

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

14001

14101

14301

14501

14701

14901

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

‘1601. Training Generally

[No present sections]

16131

16201

16301

‘PART V--SERVICE, SUPPLY, AND PROCUREMENT

‘1801. Issue of Serviceable Material to Reserve Components

[No present sections]

18231

18501

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

‘Chap.

--Sec.

--14001

--14101

--14301

--14501

--14701

--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 section 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