[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2059 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2059
To authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3 (legislative day, May 2), 1994
Mr. Nunn (for himself and Mr. Thurmond) (by request) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1995, and for other purposes.
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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
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 procurement.
Sec. 105. Defense Inspector General.
Sec. 106. Defense health program.
Sec. 107. Chemical demilitarization program.
Subtitle B--Other Matters
Sec. 111. Repeal of requirement for separate budget request for
procurement of Reserve equipment.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Repeal of limitations on operation of activities included in
Defense Business Operations Fund.
Sec. 304. Repeal of provisions relating to charges for goods and
services provided through the Defense
Business Operations Fund.
Sec. 305. Disposition of proceeds from operation of Naval Academy
laundry.
Subtitle B--Other Matters
Sec. 311. Revision of date for submission of future years mission
budget.
Sec. 312. Live-fire survivability testing of F-22 Aircraft.
Sec. 313. Ballistic Missile Defense mission.
Sec. 314. Repeal of requirement for the Secretary of Defense to provide
advance review and approval of proposed
developmental tests of limited defense
system program projects and to provide
independent monitoring of the tests.
Sec. 315. Expansion of the methods of test and evaluation used to
demonstrate theater missile defense
interceptor performance prior to the
interceptor program proceeding into low-
rate initial production acquisition phase.
Sec. 316. Disaster relief.
Sec. 317. Amendment to the emergency and extraordinary expense
authority for the Inspector General of the
Department of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
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. Increase in number of members in certain grades authorized to
be on active duty in support of the
Reserves.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority of Secretary of military department to approve
officers serving on certain successive
selection boards.
Sec. 502. Technical changes to sections codified by the Warrant Officer
Management Act.
Sec. 503. Authority for facilitated promotions when all officers on a
confirmation list are not confirmed at one
time.
Sec. 504. Retirement or enlistment of certain limited duty officers of
the Navy and Marine Corps.
Sec. 505. Authority for temporary promotions of certain Navy
lieutenants.
Subtitle B--Reserve Component Matters
Sec. 511. Reserve Forces Policy Board amendments.
Sec. 512. Authorization of limited Selected Reserve call up authority
and expansion of 90-day call up period.
Sec. 513. Repeal of obsolete provisions pertaining to transfer to the
retired Reserve.
Sec. 514. Guard and Reserve transition initiatives.
Subtitle C--Other Matters
Sec. 521. Use of exchanges and Morale, Welfare and Recreation
facilities by certain retirees.
Sec. 522. Overseas military end strengths.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
Sec. 602. Calculation of retired pay of a commissioned officer of the
Armed Forces when the Secretary concerned
determines the officer did not serve
satisfactorily in the grade held at
retirement.
Sec. 603. Expiring authorities.
Subtitle B--Retired Pay and Survivor Benefits
Sec. 611. Authority for survivors of uniformed service members to
receive, upon death of member, payment for
all leave accrued, regardless of sixty-day
limitation.
Sec. 612. Disability coverage for officer candidates granted excess
leave.
Sec. 613. Forfeiture of annuity or retired pay of members convicted of
espionage.
Sec. 614. Crediting of reserve service for computation of retired pay.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Management
Sec. 701. Improving coordination of benefits information by sharing
health insurance information from the
Medicare and Medicaid coverage data bank.
Sec. 702. Expanded use of partnership and resource sharing programs for
improved cost-effectiveness.
Sec. 703. Improvement of uniformed services treatment facilities
program.
Sec. 704. Authority to conduct health care surveys of families of
retired members.
Sec. 705. Effective date.
Subtitle B--Personnel Matters
Sec. 711. Increase in incentive special pay for certified registered
nurse anesthetists.
Sec. 712. Authority for nurse accession bonuses, incentive special pay
for nurse anesthetists, and nurse officer
candidate accession bonus.
Sec. 713. Reduction in the maximum number of years for a military
member to be maintained on the temporary
disability retired list.
Subtitle C--Other Matters
Sec. 721. Revision of definition of dependents for purposes of health
benefits.
Sec. 722. Repeal of the statutory restriction on use of funds for
abortions.
Sec. 723. Authorization for medical and dental care of abused
dependents of certain members of the
uniformed services.
TITLE VIII--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense
Sec. 801. Order of succession in military departments.
Sec. 802. Authority to prepare the official table of distances.
Sec. 803. Authority to conduct a program to commemorate World War II.
Sec. 804. Authority for the Department of Defense to share equitably
the costs of claims under international
armaments cooperation programs.
Sec. 805. Change of title of Deputy Under Secretary of Defense for
Acquisition and Technology to Principal
Deputy Under Secretary of Defense for
Acquisition and Technology.
Sec. 806. Change of title of Deputy Under Secretary of Defense for
Policy to Principal Deputy Under Secretary
of Defense for Policy.
Sec. 807. Chief Financial Officer of the Department of Defense.
Sec. 808. Change of title of Comptroller of the Department of Defense
to Under Secretary of Defense
(Comptroller).
Subtitle B--Professional Military Education
Sec. 811. Authority to hire civilian faculty members for the
Information Resources Management College,
National Defense University.
Subtitle C--Education Matters
Sec. 821. Defense Department Overseas Teachers Pay and Personnel
Practices Act Amendments.
Sec. 822. Adjustment of pay of certain overseas educators.
Sec. 823. Reauthorization of United States Department of Defense
elementary and secondary schools for
dependents.
Subtitle D--Other Matters
Sec. 831. Clarification and expansion of authority of the Department of
Defense to receive voluntary services.
Sec. 832. Repeal of prohibition of contracting for firefighting and
security guard functions at military
facilities.
Sec. 833. Statute of limitations for claims under the Fair Labor
Standards Act.
TITLE IX--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 901. Exemption of certain routine adjustments of pay from due
process provisions.
Sec. 902. Contract Disputes Act amendment relating to payment of
interest on contractor claims.
Subtitle B--Civilian Employee Pay Matters
Sec. 911. Expiring authorities.
Sec. 912. Travel, transportation, and relocation expenses of employees
transferred from the Department of Defense
to the Postal Service.
Sec. 913. Limitation of severance pay for certain civilian employees
who are employed by nonappropriated funds.
Subtitle C--Other Matters
Sec. 921. National Guard youth programs.
Sec. 922. Protection from unauthorized use of the name ``Defense
Mapping Agency''.
Sec. 923. Limitation of liability for any navigational aid prepared or
disseminated by the Defense Mapping Agency.
Sec. 924. Reorganization of the Air Force liaison with the Civil Air
Patrol.
Sec. 925. Informed consent of persons participating in human medical
research.
Sec. 926. Military-to-military contacts and comparable activities.
Sec. 927. Purchase of vessels for the Ready Reserve Force.
Sec. 928. Technical amendment to authorize implementation of Junior
Reserve Officers Training Corps (JROTC)
program expansion.
TITLE X--MATTERS RELATING TO ALLIES, OTHER NATIONS, AND INTERNATIONAL
ORGANIZATIONS
Sec. 1001. Extension of authority to acquire logistic support for
forces deployed outside the United States
to authority to acquire from the United
Nations or regional organizations of which
the United States is a member.
Sec. 1002. Extension of authority to enter into cross servicing
agreements to authority to enter into
agreements with the United Nations
organization or any regional organizations
of which the United States is a member.
Sec. 1003. Method of payment for acquisitions and transfers.
Sec. 1004. Limitation of amounts that may be obligated or accrued.
Sec. 1005. Definitions.
Sec. 1006. Effective date.
TITLE XI--PEACEKEEPING AND RELATED MATTERS
Sec. 1101. Assistance to international peacekeeping and peace
enforcement Pactivities.
TITLE XII--COUNTERPROLIFERATION
Sec. 1201. Extension and Amendment of Counterproliferation Authorities.
TITLE XIII--ACQUISITION REFORM
Sec. 1301. Amendment to research authorities.
Sec. 1302. Amendment of acquisition laws relating to industrial
mobilization.
Sec. 1303. Disposition of naval vessels.
Sec. 1304. Contract for fuel storage and management.
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, $1,041,581,000.
(2) For missiles, $593,995,000.
(3) For weapons and tracked combat vehicles, $919,786,000.
(4) For ammunition, $844,644,000.
(5) For other procurement, $2,690,233,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1995 for procurement for the Navy as follows:
(1) For aircraft, $4,786,265,000.
(2) For weapons, including missiles and torpedoes,
$2,400,039,000.
(3) For shipbuilding and conversion, $5,585,397,000.
(4) For other procurement, $3,319,418,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1995 for procurement for the Marine Corps in the amount
of $554,620,000.
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, $6,747,599,000.
(2) For weapons, including missiles, $4,392,173,000.
(3) For other procurement, $7,078,253,000.
SEC. 104. DEFENSE-WIDE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 1995
for defense-wide procurement in the amount of $1,744,916,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1995
for procurement for the Defense Inspector General in the amount of
$1,000,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1995
for procurement for the Defense Health Program in the amount of
$308,889,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1995
the amount of $575,349,000 for--
(1) the destruction of lethal 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.
Subtitle B--Other Matters
SEC. 111. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR
PROCUREMENT OF RESERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is repealed.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1995
for the use of the Armed Forces for research, development, test, and
evaluation, as follows:
(1) For the Army, $5,260,082,000.
(2) For the Navy, $8,934,718,000.
(3) For the Air Force, $12,349,362,000.
(4) For Defense-wide research, development, test, and
evaluation, $9,680,851,000, of which--
(A) $251,495,000 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.
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 of the United States 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, $17,820,994,000.
(2) For the Navy, $21,227,239,000.
(3) For the Marine Corps, $1,918,395,000.
(4) For the Air Force, $19,077,041,000.
(5) For Defense-wide activities, $10,223,115,000.
(6) For Medical Programs, Defense, $9,613,331,000.
(7) For the Army Reserve, $1,253,744,000.
(8) For the Navy Reserve, $827,819,000.
(9) For the Marine Corps Reserve, $81,462,000.
(10) For the Air Force Reserve, $1,478,990,000.
(11) For the Army National Guard, $2,447,148,000.
(12) For the Air National Guard, $2,780,178,000.
(13) For the National Board for the Promotion of Rifle
Practice, $2,544,000.
(14) For the Defense Inspector General, $127,172,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $714,200,000.
(16) For the Court of Military Appeals, $6,152,000.
(17) For Environmental Restoration, Defense,
$2,180,200,000.
(18) For Humanitarian Assistance, $71,900,000.
(19) For Former Soviet Union Threat Reduction,
$400,000,000.
(20) For Contributions for International Peacekeeping and
Peace Enforcement Activities Fund, $300,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1995
for the use of the Armed Forces of the United States 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,
$1,619,038,000.
(2) For the National Defense Sealift Fund, $608,600,000.
SEC. 303. REPEAL OF LIMITATIONS ON OPERATION OF DEFENSE BUSINESS
OPERATIONS FUND.
Section 316 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 2208 note), is repealed.
SEC. 304. REPEAL OF PROVISIONS RELATING TO CHARGES FOR GOODS AND
SERVICES PROVIDED THROUGH THE DEFENSE BUSINESS OPERATIONS
FUND.
Subsections 333 (a) and (b) of the National Defense Authorization
Act for Fiscal Year 1994 are repealed.
SEC. 305. DISPOSITION OF PROCEEDS FROM OPERATION OF NAVAL ACADEMY
LAUNDRY.
Section 6971 of title 10, United States Code is amended--
(a) by striking out ``(a)'';
(b) by striking out ``and the Academy dairy'' and inserting
``the Academy dairy, and the Academy laundry''; and
(c) by repealing subsection (b).
Subtitle B--Other Matters
SEC. 311. REVISION OF DATE FOR SUBMISSION OF FUTURE-YEARS MISSION
BUDGET.
The second sentence of section 222 of title 10, United States Code,
is amended by striking out ``at the same time that'' and inserting
``within 60 days after'' in lieu thereof.
SEC. 312. LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of Defense may
exercise the waiver authority in section 2366(c) of title 10, United
States Code, with respect to the application of the survivability tests
of that section to the F-22 aircraft, notwithstanding that such program
has entered full-scale engineering development.
(b) Reporting Requirement.--If the Secretary of Defense submits a
certification under section 2366(c) of title 10 that live-fire testing
of the F-22 system under such section would be unreasonably expensive
or impractical, the Secretary of Defense shall require that
sufficiently large and realistic components and subsystems that could
affect the survivability of the F-22 system be made available for any
alternative live-fire test program.
(c) Funding.--The funds required to carry out any alternative live-
fire testing program for the F-22 aircraft system shall be made
available from amounts appropriated for the F-22 program.
SEC. 313. BALLISTIC MISSILE DEFENSE MISSION.
Section 224(b) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (10 U.S.C. 2431 note), is amended--
(1) by striking out paragraphs (3), (4), (9), and (10);
(2) by redesignating paragraphs (5), (6), (7), and (8) as
paragraphs (3), (4), (5), and (6) respectively; and
(3) in redesignated paragraph (7), by striking out ``of the
Soviet Union'' and ``for the Soviet Union.''.
SEC. 314. REPEAL OF REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PROVIDE
ADVANCE REVIEW AND APPROVAL OF PROPOSED DEVELOPMENTAL
TESTS OF LIMITED DEFENSE SYSTEM PROGRAM PROJECTS AND TO
PROVIDE INDEPENDENT MONITORING OF THE TESTS.
Sections 237(b) and 237(c) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1547), are
repealed.
SEC. 315. EXPANSION OF THE METHODS OF TEST AND EVALUATION USED TO
DEMONSTRATE THEATER MISSILE DEFENSE INTERCEPTOR
PERFORMANCE PRIOR TO THE INTERCEPTOR PROGRAM PROCEEDING
INTO LOW-RATE INITIAL PRODUCTION ACQUISITION PHASE.
Section 237(a) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547), is amended to read as
follows:
``(a) Testing of Theater Missile Defense Interceptors.--The
Secretary of Defense may not approve a theater missile defense
interceptor program proceeding beyond the Low-Rate Initial Production
(Milestone IIIA) acquisition stage until the Secretary certifies to the
Congressional defense committees that sufficient lethality tests,
involving multiple interceptors and multiple targets in the presence of
realistic countermeasures, consistent with section 2366 of title 10,
United States Code, have been conducted, the results of which
demonstrate the achievement by the interceptors of the weapons systems
performance goals specified in the system baseline document established
pursuant to section 2435(a)(1)(A) of title 10, United States Code,
before the program entered engineering and manufacturing systems
development. Modeling and simulation validated by ground and flight
testing may be used to augment live fire testing to demonstrate weapons
system performance goals.''.
SEC. 316. DISASTER RELIEF.
(a) Disaster Relief Activities.--Subchapter I of chapter 20 of
title 10, United States Code, is amended by adding at the end thereof
the following new section:
``Sec. 404. Disaster relief
``Notwithstanding any other provision of law, the President may
provide global disaster relief to respond to manmade or natural
disasters.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 20 of title 10, United States Code, is amended
by adding at the end thereof the following new item:
``404. Disaster relief.''.
SEC. 317. AMENDMENT TO THE EMERGENCY AND EXTRAORDINARY EXPENSE
AUTHORITY FOR THE INSPECTOR GENERAL OF THE DEPARTMENT OF
DEFENSE.
Section 127(c) of title 10, United States Code, (as amended by
section 361(3) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547)) is amended by--
(1) striking out ``(1)'' after ``(c)''; and
(2) striking out paragraph (2).
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.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 1995, as follows:
(1) The Army National Guard of the United States, 400,000.
(2) The Army Reserve, 242,000.
(3) The Naval Reserve, 100,710.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 115,581.
(6) The Air Force Reserve, 78,706.
(7) The Coast Guard Reserve, 7,000.
(b) Waiver Authority.--The Secretary of Defense may vary 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 402(b), 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. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Senior Enlisted Members.--Effective on October 1, 1994, the
table in section 517(b) of title 10, United States Code, is amended to
read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9............................. 569 202 328 14
E-8............................. 2,585 429 840 74''.
------------------------------------------------------------------------
(b) Officers.--Effective on October 1, 1994, the table in section
524(a) of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander... 3,219 1,071 575 110
Lieutenant Colonel or Commander. 1,524 520 636 75
Colonel or Navy Captain......... 372 188 274 25''.
------------------------------------------------------------------------
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1995, the components of the active
and reserve 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 loads authorized
for an armed force in 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.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY OF SECRETARY OF MILITARY DEPARTMENT TO APPROVE
OFFICERS SERVING ON CERTAIN SUCCESSIVE SELECTION BOARDS.
Section 612(b) of title 10, United States Code, is amended by
adding at the end the following sentence: ``With the approval of the
Secretary of the military department concerned, however, officers may
serve as members on successive selection boards convened under section
611(a) of this title for the consideration of officers of the same
competitive category and grade if the second board does not consider
the same officer or officers as the first board.''.
SEC. 502. TECHNICAL CHANGES TO SECTIONS CODIFIED BY THE WARRANT OFFICER
MANAGEMENT ACT.
Chapter 33A of title 10, United States Code, is amended--
(1) in section 578, by adding at the end the following new
subsections:
``(e) An officer who is appointed to a higher grade under this
section is considered to have accepted such appointment on the date on
which the appointment is made unless the officer expressly declines the
appointment.
``(f) An officer who has served continuously since the officer
subscribed to the oath of office prescribed in section 3331 of title 5
is not required to take a new oath upon appointment to a higher grade
under this section.'';
(2) in sections 573(a)(2) and 574(e), by striking out ``on
active duty'' in each section;
(3) in section 575(d), by inserting before the period at
the end thereof ``, except for those officers precluded from
consideration under regulations prescribed by the Secretary
concerned under section 577 of this title'';
(4) in section 576(f)(1), by striking out the last sentence
thereof, and
(5) in section 582(2) is amended by inserting before the
period at the end thereof ``(except those retired warrant
officers who were recalled to active duty prior to February 1,
1992)''.
SEC. 503. AUTHORITY FOR FACILITATED PROMOTIONS WHEN ALL OFFICERS ON A
CONFIRMATION LIST ARE NOT CONFIRMED AT ONE TIME.
(a) In General.--Section 624 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) Notwithstanding the provisions of subsection (a)(2), if
the Senate--
``(A) has not given its advice and consent under subsection
(c) to the appointment of one or more officers on a promotion
list, or completed its consideration of those officers under
section 629(b) of this title, and
``(B) has given its advice and consent to the appointment
of one or more officers on the same promotion list,
then appointments of officers that have received the Senate's advice
and consent may be made in the order in which their names appear on the
promotion list.
``(2) in the event that the Senate later gives its advice and
consent to the appointment of an officer described in subparagraph
(1)(A), the Secretary concerned may adjust that officer's date of rank,
effective date for pay and allowances in the higher grade to which
appointed, and position on the active duty list, as the Secretary
concerned considers appropriate under the circumstances.''.
(b) Conforming Amendment.--Section 624(a)(2) of title 10, United
States Code, is amended by striking out ``subsection (d),'' and
inserting in lieu thereof ``subsections (d) and (e),''.
SEC. 504. RETIREMENT OR ENLISTMENT OF CERTAIN LIMITED DUTY OFFICERS OF
THE NAVY AND MARINE CORPS.
Section 6383 of title 10, United States Code, is amended--
(1) in subsections (a), (b), and (d), by striking out
``Except as provided in subsection (i),'' each place such
phrase appears and inserting in lieu thereof in each instance
``Except as provided in subsections (f) and (h),'';
(2) by amending subsection (f) to read as follows:
``(f)(1) Any officer subject to discharge under subsection (b), (d)
or (e) who is not eligible for retirement and to whom paragraph (2) of
this subsection does not apply, may, upon his request and in the
discretion of the Secretary of the Navy, be enlisted in the grade
prescribed by the Secretary.
``(2) If any officer subject to discharge under subsection (b) or
(d) is, on the date on which he is to be discharged, within two years
of qualifying for retirement under section 6323 of this title, he shall
be retained on active duty until he is qualified for retirement and
shall then be retired under that section, unless he is sooner retired
or discharged under another provision of law.'';
(3) by striking out subsection (g);
(4) by redesignating subsections (h), (i), and (j) as
subsections (g), (h), and (i) respectively; and
(5) in subsection (h) (as redesignated by paragraph 4), by
striking out ``or the discharge under subsection (d)'' and
inserting in lieu thereof ``or the discharge under subsection
(b) or (d)''.
SEC. 505. AUTHORITY FOR TEMPORARY PROMOTIONS OF CERTAIN NAVY
LIEUTENANTS.
Section 5721(f) of title 10, United States Code, is repealed.
Subtitle B--Reserve Component Matters
SEC. 511. RESERVE FORCES POLICY BOARD AMENDMENTS.
(a) Section 175(a) of title 10, United States Code, is amended--
(1) in paragraph (3), by striking out ``an officer'' and
inserting in lieu thereof ``a general officer'';
(2) in paragraph (4)--
(A) by striking out ``an officer'' and inserting in
lieu thereof ``a flag officer'';
(B) by striking out ``or'' and inserting in lieu
thereof ``and''; and
(C) by inserting ``a general officer of the''
before ``Regular Marine Corps'';
(3) in paragraph (5), by striking out ``an officer'' and
inserting in lieu thereof ``a general officer'';
(4) in paragraph (6), by inserting ``general'' after ``four
reserve'';
(5) in paragraph (7), by inserting ``flag or general''
after ``four reserve;
(6) in paragraph (8), by inserting ``general'' after ``four
reserve''; and
(7) by adding at the end the following new paragraph:
``(10) a regular flag or general officer of the Joint Staff
as designated by the Chairman of the Joint Chiefs of Staff.''.
(b) Section 175(b) of title 10, United States Code, is amended by
inserting ``flag'' after ``two''.
SEC. 512. AUTHORIZATION OF LIMITED SELECTED RESERVE CALL-UP AUTHORITY
AND EXPANSION OF 90-DAY CALL UP PERIOD.
(a) Revision of Authority To Order the Selected Reserve to Active
Duty to Augment Active Forces.--Section 673b(a) of title 10, United
States Code, is amended to read as follows:
``(a) Notwithstanding the provisions of section 673(a) of any other
provision of law, the President may authorize the Secretary of Defense,
and the Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service of the Navy, without the consent
of the members concerned, to order any unit, and any member not
assigned to a unit organized to serve as a unit of the Selected Reserve
(as defined in section 268(b) of this title), under their respective
jurisdictions--
``(1) when the President determines it is necessary to
augment the active forces for any operational mission, to
active duty (other than for training) for not more than a total
of 180 days; or
``(2) when the President, or his designee, determines it
necessary to order any unit, and member not assigned to a unit
organized to serve as a unit of the Selected Reserve (as
defined in section 268(b) of this title) to active duty (other
than for training) for not more than a total of 90 days,''.
(b) Limitation to the General Call-up Authority to 25,000.--Section
673b(c) of such title is amended to read as follows:
``(c) Not more than 200,000 members of the Selected Reserve may be
on active duty at any one time under subsection (a)(1), and not more
than 25,000 members of the Selected Reserve may be on active duty at
any one time under subsection (a)(2).''.
(c) Revision to Period of Extension of Active Duty.--Section
673b(i) of such title is amended--
(1) by striking out ``90 additional days'' and inserting in
lieu thereof ``180 additional days''; and
(2) in the first sentence, by striking out ``is ordered to
active duty under this section'' and inserting in lieu thereof
``is ordered to active duty under subsection (a)(1)''.
(d) Conforming Amendment.--Section 673b(f) of such title is amended
to read as follows: ``Whenever the President authorizes the Secretary
of Defense or the Secretary of Transportation to order any unit or
member of the Selected Reserve to active duty, under the authority of
subsection (a)(1), or when the President, or his designee, orders any
unit or member of the Selected Reserve to active duty, under the
authority of subsection (a)(2), the President, or his designee, as the
case may be, shall submit, within 24 hours after exercising such
authority, a report to Congress, in writing, setting forth the
circumstances necessitating the action taken under this section and
describing the anticipated use of these units or members.''.
(e) Conforming Amendment To Ensure Applicability of Veteran's
Reemployment Rights to Reservists Who Enter Upon Active Duty Under
Section 673b as Revised.--Section 4304(b)(2) of title 38, United States
Code, is amended by inserting ``, or his designee,'' after ``the
President'' both times such phrase appears in the section.
SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO TRANSFER TO THE
RETIRED RESERVE.
(a) Section 3914 of title 10, United States Code is amended by
striking out ``A regular enlisted member'' and all that follows through
the period at the end of the section.
(b) Section 8914 of title 10, United States Code is amended by
striking out ``A regular enlisted member'' and all that follows through
the period at the end of the section.
SEC. 514. GUARD AND RESERVE TRANSITION INITIATIVES.
Section 4416 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484, 106 Stat. 2315, 2714) is amended--
(1) by amending subsection (d) to read as follows:
``(d) Annual Payment Period.--An annual payment granted to a member
under this section shall be paid for the number of years specified by
the Secretary concerned. Such number shall be one or more but not more
than five, except that the entitlement to the annual payment shall
terminate on the member's 60th birthday.'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(3) In the case of a member who will attain 60 years of age
during the 12 month period following the date on which an annual
payment is due, the payment shall be paid on a prorated basis of one-
twelfth of the annual payment for each full month between the date on
which the payment is due and the date on which the member attains age
60.''; and
(3) by adding at the end the following new subsection:
``(i) Coordination With Retired Pay.--A member who has received one
or more annual payments under this section shall, upon entitlement for
retired pay under chapter 67 of this title, have deducted from each
payment of such retired pay 50 percent of such pay until the total
amount deducted is equal to the total amount of annual payments
received.''.
Subtitle C--Other Matters
SEC. 521. USE OF EXCHANGES AND MORALE, WELFARE AND RECREATION
FACILITIES BY CERTAIN RETIREES.
Section 1065(a) of title 10, United States Code, is amended by
striking out the last sentence and inserting in lieu thereof the
following new sentences: ``Such use by members of the Selected Reserve
in good standing (as determined by the Secretary concerned) and the
dependents of such members, shall be permitted on the same basis as
members on active duty. Such use by members of the Retired Reserve who
would be eligible for retired pay under chapter 67 of this title but
for the fact that the members are under 60 years of age, and the
dependents of such members, shall be permitted on the same basis as
retirees from active duty military service.''.
SEC. 522. OVERSEAS MILITARY END STRENGTHS.
Section 1302 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2315, 2545) is repealed.
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 1.6 percent.
SEC. 602. CALCULATION OF RETIRED PAY OF A COMMISSIONED OFFICER OF THE
ARMED FORCES WHEN THE SECRETARY CONCERNED DETERMINES THE
OFFICER DID NOT SERVE SATISFACTORILY IN THE GRADE HELD AT
RETIREMENT.
Section 1401a(f) of title 10, United States Code, is amended by
striking out the third sentence and inserting in lieu thereof the
following: ``However, in the case of a member who, after initially
becoming eligible for retired pay--
``(1) is reduced in grade pursuant to a sentence of a
court-martial; or
``(2) is retired in a grade lower than the grade held prior
to retirement--
``(A) because the Secretary concerned did not
determine, under section 1370(a)(1) or section 1371 of
this title, that the member had served satisfactorily
in the higher grade; or
``(B) because, in accordance with section 1370(b)
of this title, the member was retired in a lower grade,
as determined by the Secretary concerned, because the
member did not meet the service in grade requirements
specified in section 1370(d) of this title; or
``(3) is an officer of the Army, Navy, Air Force, or Marine
Corps who, prior to retirement, was serving in or had served in
a position of importance and responsibility designated by the
President to carry the grade of general, lieutenant general,
admiral, or vice admiral, and who does not consent to
advancement on the retired list to such grade; or
``(4) is administratively reduced in grade;
such computation may not be based on a grade higher than the grade in
which the member is retired.''.
SEC. 603. EXPIRING AUTHORITIES.
(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, 1998''.
(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, 1998''.
(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, 1998''.
(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,
1998''.
(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, 1998''.
(f) 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, 1998''.
(g) 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, 1998''.
(h) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and
308f(c) of title 37, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof ``September 30,
1998''.
(i) 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, 1998''.
(j) 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, 1998''.
(k) 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, 1998''.
(l) 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 in each instance ``September 30, 2000''.
(m) 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 in each instance ``September 30, 2000''.
(n) 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 in each instance ``October 1,
2000''.
Subtitle B--Retired Pay and Survivor Benefits
SEC. 611. AUTHORITY FOR SURVIVORS OF UNIFORMED SERVICE MEMBERS TO
RECEIVE, UPON DEATH OF MEMBER, PAYMENT FOR ALL LEAVE
ACCRUED, REGARDLESS OF SIXTY-DAY LIMITATION.
Section 501 of title 37, United States Code, is amended--
(1) in subsection (d)--
(A) by striking out ``(1)'' after ``(d)'';
(B) by striking out the third sentence and
inserting in lieu thereof ``The limitations in the
second sentence of subsection (b)(3), subsection (f),
and the second sentence of subsection (g) shall not
apply with respect to a payment made under this
subsection.''; and
(C) by striking out paragraph (2); and
(2) in subsection (f), by striking out ``(d),'' in the
first sentence.
SEC. 612. DISABILITY COVERAGE FOR OFFICER CANDIDATES GRANTED EXCESS
LEAVE.
(a) Inclusion of Officer Candidates in Eligibility for Retired
Pay.--That portion of section 1201 of title 10, United States Code,
which precedes paragraph (1) is amended to read as follows: ``Upon a
determination by the Secretary concerned that a member of a regular
component of the armed forces entitled to basic pay; any other member
of the armed forces entitled to basic pay who has been called or
ordered to active duty (other than for training under section 270(b) of
this title) for a period of more than 30 days; or a member of the armed
forces who is not entitled to basic pay because he is authorized by the
Secretary concerned under section 502(b) of title 37 to participate in
a program leading to appointment, designation, or assignment in an
officer category, is unfit to perform the duties of his office, grade,
rank, or rating because of physical disability incurred while entitled
to basic pay, or while not entitled to basic pay because he is
authorized by the Secretary concerned under section 502(b) of title 37
to participate in a program leading to appointment, designation, or
assignment in an officer category, the Secretary concerned may retire
the member, with retired pay computed under section 1401 of this title,
if the Secretary concerned also determines that--''
(b) Inclusion of Officer Candidates in Eligibility for Assignment
to the Temporary Disability Retired List.--Section 1202 of title 10,
United States Code, is amended to read as follows: ``Upon a
determination by the Secretary concerned that a member of a regular
component of the armed forces entitled to basic pay; any other member
of the armed forces entitled to basic pay who has been called or
ordered to active duty (other than for training under section 270(b) of
this title) for a period of more than 30 days; or a member of the armed
forces who is not entitled to basic pay because he is authorized by the
Secretary concerned under section 502(b) of title 37 to participate in
a program leading to appointment, designation, or assignment in an
officer category, would be qualified for retirement under section 1201
of this title but for the fact that his disability is not determined to
be of a permanent nature, the Secretary concerned shall, if he also
determines that accepted medical principles indicate that the
disability may be of a permanent nature, place the member's name on the
temporary disability retired list, with retired pay computed under
section 1401 of this title.''.
(c) Inclusion of Officer Candidates in Eligibility for Disability
Separation Pay.--That portion of section 1203 of title 10, United
States Code, which precedes paragraph (1) is amended to read as
follows: ``Upon a determination by the Secretary concerned that a
member of a regular component of the armed forces entitled to basic
pay; any other member of the armed forces entitled to basic pay who has
been called or ordered to active duty (other than for training under
section 270(b) of this title) for a period or more than 30 days; or a
member of the armed forces who is not entitled to basic pay because he
is authorized by the Secretary concerned under section 502(b) of title
37 to participate in a program leading to appointment, designation, or
assignment in an officer category, is unfit to perform the duties of
his office, rank or rating because of physical disability incurred
while entitled to basic pay, or while not entitled to basic pay because
he is authorized by the Secretary concerned under section 502(b) or
title 37 to participate in a program leading to appointment,
designation, or assignment in an officer category, the member may be
separated from his armed force with severance pay computed under
section 1212 of this title, if the Secretary concerned also determines
that--''.
(d) Effective Date.--The amendments made by this section shall be
effective on the date of enactment and shall apply to any physical
disability that may be incurred by a member who is not entitled to
basic pay because he is authorized by the Secretary concerned under
section 502(b) of title 37, United States Code, to participate in a
program leading to the appointment, designation, or assignment in an
officer category on and after such date.
SEC. 613. FORFEITURE OF ANNUITY OR RETIRED PAY OF MEMBERS CONVICTED OF
ESPIONAGE.
Section 8312(b)(2)(A) of title 5, United States Code, is amended to
read as follows:
``(A) article 104 (aiding the enemy), article 106
(spies), or article 106a (espionage) of the Uniform
Code of Military Justice (Chapter 47 of title 10) or an
earlier article on which article 104, article 106, or
article 106a, as the case may be, is based; or''.
SEC. 614. CREDITING OF RESERVE SERVICE FOR COMPUTATION OF RETIRED PAY.
(a) Army.--(1) Section 3925 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 3991 of this title,''; and
(B) by striking out subsection (c).
(2) Section 3991(a) of title 10, United States Code, is amended by
striking out ``section 3925.'' in column 2 of formula B of the table
and inserting in lieu thereof ``section 1405.''.
(3) Section 3992 of title 10, United States Code, is amended by
striking out ``section 3925'' in column 2 of formula A of the table and
inserting in lieu thereof ``section 1405''.
(b) Navy and Marine Corps.--Section 6333(a) of title 10, United
States Code, is amended by striking out ``his years of active service
in the armed forces.'' in column 2 of formula C of the table and
inserting in lieu thereof ``the years of service that may be credited
to the member under section 1405.''.
(c) Air Force.--(1) Section 8925 of title 10, United States Code,
is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 8991 of this title,''; and
(B) by striking out subsection (c).
(2) Section 8991(a) of title 10, United States Code, is amended by
striking out ``section 8925.'' in column 2 of formula B of the table
and inserting in lieu thereof ``section 1405.''.
(3) Section 8992 of title 10, United States Code, is amended by
striking out ``section 8925'' in column 2 of formula A of the table and
inserting in lieu thereof ``section 1405''.
(d) Conforming Amendment.--Section 1405 of such title is amended by
adding at the end the following new subsection:
``(c) Exclusion of Time Required To Be Made up.--Time required to
be made up by an enlisted member of the Army or Air Force under section
972 of this title may not be counted in determining years of service
under subsection (a).''.
(e) Effective Date.--This section shall apply to the computation of
the retired or retainer pay of any enlisted member who retires or is
transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on
or after the effective date of this Act.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Management
SEC. 701. IMPROVING COORDINATION OF BENEFITS INFORMATION BY SHARING
HEALTH INSURANCE INFORMATION FROM THE MEDICARE AND
MEDICAID COVERAGE DATA BANK.
Section 1144 of the Social Security Act (42 U.S.C. 1320b-14) is
amended--
(1) in the heading, by striking out ``Medicare and
Mediciad'' and inserting in lieu thereof ``Health Care'';
(2) in subsection (a)--
(A) by striking out ``Medicare and Medicaid'' and
inserting in lieu thereof ``Health Care'' in the matter
preceding paragraph (1);
(B) by striking out ``and'' at the end of paragraph
(1);
(C) by striking out the period at the end of
paragraph (2) and inserting in lieu thereof ``, and'';
and
(D) by adding at the end the following new
paragraph:
``(3) assist in the identification of, and collection from,
third parties responsible for payment of health care items and
services furnished to uniformed services beneficiaries under
chapter 55 of title 10, United States Code.''; and
(3) in subsection (b)(2)(B), by inserting ``to the
Secretary of Defense, the Secretary of the department in which
the Coast Guard is operating when the Coast Guard is not
operating as a service of the Navy, and'' after ``Data Bank''.
SEC. 702. EXPANDED USE OF PARTNERSHIP AND RESOURCE SHARING PROGRAMS FOR
IMPROVED COST-EFFECTIVENESS.
Section 1096 of title 10, United States Code, is amended by
inserting at the end the following new subsection:
``(d) If necessary to implement an agreement under subsection (a)
under which uniformed services personnel assigned to a facility of the
uniformed services provide health care services at a civilian care
facility, the Secretary of Defense is authorized to reimburse uniformed
services personnel for any professional license fee required by the
governmental jurisdiction in which the civilian health care facility is
located. The amount of such reimbursement may not exceed $500.''.
SEC. 703. IMPROVEMENT OF UNIFORMED SERVICES TREATMENT FACILITIES
PROGRAM.
Section 1252(e) of the Department of Defense Authorization Act,
1984 (42 U.S.C. 248d(e)) is amended by striking out the period after
``December 31, 1996'' and inserting in lieu thereof ``, except that,
upon assumption of lead agent responsibility in the surrounding
geographic region by a military service, and the subsequent development
of an exclusive provider network, such facility will be eligible for
inclusion in such a network provided that mutually agreed upon terms
can be negotiated. In any event, the status of the facility will
terminate at the beginning of the next fiscal year.''.
SEC. 704. AUTHORITY TO CONDUCT HEALTH CARE SURVEYS OF FAMILIES OF
RETIRED MEMBERS.
Section 724 of the National Defense Authorization Act for the
Fiscal Year 1993 (Public Law 102-484, 106 Stat. 2315, 2440) is amended
by adding at the end the following new subsection:
``(c) Persons surveyed pursuant to subsection (a) shall be
considered to be employees of the United States for purposes of section
3502(4)(A) of title 44, United States Code.''.
SEC. 705. EFFECTIVE DATE.
The amendments made by this subtitle are effective upon enactment
of this Act.
Subtitle B--Personnel Matters
SEC. 711. INCREASE IN INCENTIVE SPECIAL PAY FOR CERTIFIED REGISTERED
NURSE ANESTHETISTS.
Section 302e(a)(1) of title 37, United States Code, is amended by
striking out ``$6,000'' and inserting in lieu thereof ``$15,000''.
SEC. 712. AUTHORITY FOR NURSE ACCESSION BONUSES, INCENTIVE SPECIAL PAY
FOR NURSE ANESTHETISTS, AND NURSE OFFICER CANDIDATE
ACCESSION BONUS.
(a) Section 2130a(a)(1) of title 10, United States Code, is amended
by striking out ``1995,'' and inserting in lieu thereof ``1998,''.
(b) Section 302d of title 37, United States Code, is amended by
striking out ``1995,'' and inserting in lieu thereof ``1998,''.
(c) Section 302e of title 37, United States Code, is amended by
striking out ``1995,'' and inserting in lieu thereof ``1998,''.
SEC. 713. REDUCTION IN THE MAXIMUM NUMBER OF YEARS FOR A MILITARY
MEMBER TO BE MAINTAINED ON THE TEMPORARY DISABILITY
RETIRED LIST.
(a) In General.--Section 1210 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking out ``five'' and
inserting in lieu thereof ``three''; and
(2) in subsection (h), by striking out ``five'' and
inserting in lieu thereof ``three''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect for all military members placed on the temporary disability
retired list on or after the date of enactment of this Act.
Subtitle C--Other Matters
SEC. 721. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES OF HEALTH
BENEFITS.
(a) Expansion of Definition.--Section 1072(a)(I)(i) of title 10,
United States Code, is amended by inserting ``is placed in the home of
the member or former member by a placement agency for the purpose of
adoption or'' before ``is placed in the legal custody''.
(b) Conforming Amendment.--Section 1079(a) of title 10, United
States Code, is amended by striking out ``spouses and children'' in the
first sentence and inserting in lieu thereof ``spouses, children and
dependents covered by subparagraph (I) of section 1072(2) of this
title''.
SEC. 722. REPEAL OF THE STATUTORY RESTRICTION ON USE OF FUNDS FOR
ABORTIONS.
(a) In General.--Section 1093 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
Chapter 55, United States Code, is amended by striking out the item
referring to section 1093.
(c) Effective Date.--The amendment made by this section shall be
effective October 1, 1994.
SEC. 723. AUTHORIZATION FOR MEDICAL AND DENTAL CARE OF ABUSED
DEPENDENTS OF CERTAIN MEMBERS OF THE UNIFORMED SERVICES.
Section 1076(e)(1)(A) of title 10, United States Code, is amended--
(1) by inserting ``, or is administratively discharged from
a uniformed service as a result of,'' after ``court-martial
conviction for''; and
(2) by inserting ``, under either military or civil law,''
after ``an offense''.
TITLE VIII--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense
SEC. 801. ORDER OF SUCCESSION IN MILITARY DEPARTMENTS.
Title 10, United States Code, is amended--
(1) by striking out section 3017(2) and inserting in lieu
thereof the following new subsection:
``(2) The Assistant Secretaries of the Army and the General
Counsel of the Department of the Army, in the order fixed by
their length of service as permanent appointees in such
positions.'';
(2) by striking out section 5017(2) and inserting in lieu
thereof the following new subsection:
``(2) The Assistant Secretaries of the Navy and the General
Counsel of the Department of the Navy, in the order fixed by
their length of service as permanent appointees in such
positions.''; and
(3) by striking out section 8017(2) and inserting in lieu
thereof the following new subsection:
``(2) The Assistant Secretaries of the Air Force and the
General Counsel of the Department of the Air Force, in the
order fixed by their length of service as permanent appointees
in such positions.''.
SEC. 802. AUTHORITY TO PREPARE THE OFFICIAL TABLE OF DISTANCES.
Section 404(d)(1)(A) of title 37, United States Code, is amended by
striking out ``Secretary of the Army.'' and inserting in lieu thereof
``Secretary of Defense.''.
SEC. 803. AUTHORITY TO CONDUCT A PROGRAM TO COMMEMORATE WORLD WAR II.
Sections 378(a) and 378(b) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2315, 2387) are
each amended by striking out ``1995'' and inserting in lieu thereof in
each instance ``1996''.
SEC. 804. AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO SHARE EQUITABLY
THE COSTS OF CLAIMS UNDER INTERNATIONAL ARMAMENTS
COOPERATION PROGRAMS.
Section 843(c) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2315, 2469) is repealed.
SEC. 805. CHANGE OF TITLE OF DEPUTY UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND TECHNOLOGY TO PRINCIPAL DEPUTY UNDER
SECRETARY OF DEFENSE FOR ACQUISITION AND TECHNOLOGY.
(a) In General.--(1) Section 133a of title 10, United States Code,
is amended by striking out ``Deputy Under Secretary of Defense for
Acquisition and Technology'' each place such phrase appears and
inserting in lieu thereof in each instance ``Principal Deputy Under
Secretary of Defense for Acquisition and Technology''.
(2) The heading for section 133a of title 10, United States Code,
is amended to read as follows:
``Sec. 133a. Principal Deputy Under Secretary of Defense for
Acquisition and Technology''.
(3) The item relating to section 133a in the table of sections at
the beginning of chapter 4 of title 10, United States Code, is amended
to read as follows:
``133a. Principal Deputy Under Secretary of Defense for Acquisition and
Technology.''.
(b) Conforming Amendments to Title 10, United States Code.--
Section 171(a)(8) of title 10, United States Code, is amended by
striking out ``Deputy Under Secretary of Defense for Acquisition and
Technology'' and inserting in lieu thereof ``Principal Deputy Under
Secretary of Defense for Acquisition and Technology''.
(c) Conforming Amendments to Title 5, United States Code.--Section
5314 of such title is amended by striking out ``Deputy Under Secretary
of Defense for Acquisition and Technology'' and inserting in lieu
thereof ``Principal Deputy Under Secretary of Defense for Acquisition
and Technology''.
(d) References in Other Laws.--Any reference to the Deputy Under
Secretary of Defense for Acquisition 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
Principal Deputy Under Secretary of Defense for Acquisition and
Technology.
SEC. 806. CHANGE OF TITLE OF DEPUTY UNDER SECRETARY OF DEFENSE FOR
POLICY TO PRINCIPAL DEPUTY UNDER SECRETARY FOR POLICY.
(a) In General.--(1) Chapter 4, section 134a of title 10, United
States Code, is amended by inserting the word ``Principal'' before
``Deputy Under Secretary of Defense for Policy'' each place such phrase
appears.
(2) The heading for section 134a of title 10, United States Code,
is amended to read as follows:
``Sec. 134a. Principal Deputy Under Secretary of Defense for Policy''.
(3) The item relating to section 134a in the table of sections at
the beginning of chapter 4 of title 10, United States Code, is amended
to read as follows:
``134a. Principal Deputy Under Secretary of Defense for Policy.''.
(b) Conforming Amendments to Title 5, United States Code.--Chapter
53, subchapter II, section 5315 of title 5, United States Code, is
amended by inserting the terms ``Principal'' before ``Deputy Under
Secretary of Defense for Policy''.
(c) References in Other Laws.--Any reference to the Deputy Under
Secretary for Defense for Policy 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
Principal Deputy Under Secretary of Defense for Policy.
SEC. 807. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF DEFENSE.
(A) Repeal of Provision Providing That Comptroller Is Chief
Financial Officer.--Section 135(b) of title 10, United States Code, is
amended by--
(1) striking out the first sentence; and
(2) striking out ``additional'' in the second sentence.
(b) Conforming Amendment to Title 5, United States Code.--Section
5315 of title 5, United States Code, is amended by inserting after the
item relating to the Chief Financial Officer, Department of Commerce,
the following item:
``Chief Financial Officer, Department of Defense.''.
SEC. 808. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT OF DEFENSE
TO UNDER SECRETARY OF DEFENSE (COMPTROLLER).
(a) In General.--(1) Chapter 4, section 135 of title 10, United
States Code, is amended by striking out ``Comptroller of the Department
of Defense'' and ``Comptroller'' each place such phrase and word,
respectively, appears and inserting in lieu thereof in each instance
``Under Secretary of Defense (Comptroller)''.
(2) The heading for section 135 of title 10, United States Code, is
amended to read as follows:
Sec. 135. Under Secretary of Defense (Comptroller)''.
(3) The item relating to section 135 in the table of sections at
the beginning of chapter 4 of title 10, United States Code, is amended
to read as follows:
``135. Under Secretary of Defense (Comptroller)''.
(b) Conforming Amendments to Title 10, United States Code.--Chapter
4, sections 131(b)(6) and 138(d) of title 10, United States Code, are
amended by striking out ``Comptroller of the Department of Defense''
and ``Comptroller'' each place such phrase and word, respectively,
appears and inserting in lieu thereof in each instance ``Under
Secretary of Defense (Comptroller)''.
(c) Conforming Amendments to Title 5, United States Code.--Chapter
53, subchapter II, 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).
Subtitle B--Professional Military Education
SEC. 811. AUTHORITY TO HIRE CIVILIAN FACULTY MEMBERS FOR THE
INFORMATION RESOURCES MANAGEMENT COLLEGE, NATIONAL
DEFENSE UNIVERSITY.
Section 1595(d) of title 10, United States Code, is amended by
inserting ``the Information Resources Management College,'' after ``the
Institute for National Strategic Study,''.
Subtitle C--Education Matters
SEC. 821. DEFENSE DEPARTMENT OVERSEAS THE TEACHERS PAY AND PERSONNEL
PRACTICES ACT AMENDMENTS.
The Defense Department Overseas Teachers Pay and Personnel
Practices Act (Public Law 86-91, 73 Stat. 213) is amended--
(1) in section 2 (20 U.S.C. 901)--
(A) at the end of paragraph (1)(A) (20 U.S.C.
901(1)(A)), by inserting ``or are performed by the
incumbent of such other positions, located outside the
United States and directly involved with such schools,
as the Secretary shall identify, and'' after
``Department of Defense,''; and
(B) by amending paragraph (2)(C) (20 U.S.C.
901(2)(C)) to read as follows:
``(C) who is employed in a position described in
paragraph (1), above.'';
(2) in section 5 (20 U.S.C. 903)--
(A) in subsection (a) (20 U.S.C. 903(a)), by
striking out ``secretary of each military department in
the Department'' and inserting in lieu thereof
``Secretary'';
(B) in subsection (b) (20 U.S.C. 903(b)), by
striking out ``the secretary of each military
department'' and inserting in lieu thereof ``the
Secretary of Defense'';
(C) in subsection (b)(1) (20 U.S.C. 903(b)(1)), by
striking out ``in his military department'' and
inserting in lieu thereof ``to which the Secretary
shall determine such paragraph is applicable'';
(D) in subsection (c) (20 U.S.C. 903(c)), by
striking out ``of each military department'' and ``in
his military department''; and
(E) in subsection (d) (20 U.S.C. 903(d)), by
striking out ``of each military department''; and
(3) in section 6 (20 U.S.C. 904)--
(A) in subsection (a) (20 U.S.C. 904(a)), by
inserting ``or, if such teacher is employed in a
supervisory or above-school level position, up to
thirteen'' after ``be entitled to ten'' and before
``days of cumulative leave with pay''; and
(B) in subsection (d) (20 U.S.C. 904(d)), by
striking ``of the military department concerned''.
SEC. 822. ADJUSTMENT OF PAY OF CERTAIN OVERSEAS EDUCATORS.
Section 5334(d) of title 5, United States Code, is amended by
inserting ``such amount as may be authorized, if any, under regulations
issued by the Secretary of Defense, up to'' between ``by'' and ``20
percent''.
SEC. 823. REAUTHORIZATION OF UNITED STATES DEPARTMENT OF DEFENSE
DOMESTIC ELEMENTARY AND SECONDARY SCHOOLS FOR DEPENDENTS.
(a) Continued Authority To Provide for the Education of Dependents
of Armed Forces Personnel When Local Agencies Are Unable To Provide
Adequate Services (Former ``Section 6 Schools'').--Chapter 108 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 2163. United States Department of Defense domestic dependent
elementary and secondary schools
``(a) Upon a determination by the Secretary of Defense that
appropriate educational programs are not available through local
educational agencies in the United States (including its territories
and possessions) for dependents of federally employed civilian
personnel and members of the armed forces residing on Department of
Defense installations, the Secretary of Defense may provide for the
elementary and secondary education of such dependents and, under the
circumstances described in subsection (c), for certain dependents of
Federal employees.
``(b) In making the determination required by subsection (a), the
Secretary of Defense shall consider, among other relevant factors--
``(1) whether such dependents are eligible for free public
education in the local area of the Department of Defense
installation; and
``(2) whether the local educational agency is able to
provide a suitable educational program for such dependents. A
suitable educational program, as determined by the Secretary of
Defense, is a program comparable to a program of free public
education provided for children in similar communities in the
State, or adjacent States when the installation is adjacent to
or in more than one State, or, in the case of such dependents
who are in the territories or possessions of the United States,
is a program of education, in the English language, comparable
to free public education provided for children in the District
of Columbia.
``(c) When the Secretary of Defense--
``(1) determines, under subsection (b) that a suitable
program of education is not available for dependents of members
of the armed forces who are stationed on an installation in a
territory or possession of the United States; and
``(2) institutes a program of education under the
provisions of this section, dependents of Federal employees who
are stationed at such installation during the school year may
be enrolled in the program of education provided by the
Secretary of Defense. Dependents of Federal employees who are
enrolled in a program of education under this section and who
are not living on the Department of Defense installation may be
so enrolled for no more than five consecutive school years,
unless the Secretary of Defense determines, for good cause,
that the enrollment of such dependent child of a civilian
employee should be extended. Extensions may be made for one
school year at a time. The Secretary of Defense shall consider
the educational well being of the child in making the good
cause determination for extension. The five-year limitation for
education under this section shall commence with the child's
enrollment in a Department of Defense school, whether under the
authority of this section or its precedent authority. Upon
enrollment in a school authorized under this section, the
dependent child may continue in the school for the remainder of
the school year, unless removed for good cause, notwithstanding
a change in the status of the dependent's sponsor.
``(d) The Secretary of Defense shall provide for the formation of
an elected school board for each installation where a Department of
Defense elementary or secondary school is located. Such school board
shall be composed of a minimum of three members, elected by the parents
of students in attendance at such school. The Secretary, by regulation,
shall establish procedures for carrying out such school board elections
as provided in this subsection. Each school board shall conduct its
formal meetings so that they are open to the public. The elected school
board authorized under this section is considered a local civil group
with a function of rendering a public service of providing counsel
through oversight of school expenditures and operations, subject to
audit procedures established by the Secretary of Defense. Such boards
need not comply with the Federal Advisory Committee Act (5 U.S.C.
Appendix (1988)), but may close meetings in accordance with such Act.
``(e) The Secretary of Defense may enter into such arrangements as
may be necessary to provide for the programs of education authorized
under this section. The Secretary of Defense may, without regard to the
provisions of any other law relating to the number, classification, or
compensation of employees--
``(1) establish such positions for civilian employees in
schools established under the provisions of this section;
``(2) appoint individuals to such positions; and
``(3) fix the compensation of such individuals for service
in such positions. In fixing the compensation of employees
appointed by the Secretary of Defense under this subsection,
the Secretary of Defense shall consider the compensation of
comparable employees of the local educational agency in the
capital of the State where the installation is located, in the
local educational agency that provides public education to
students who live adjacent to the installation involved, or the
average compensation for similar positions in up to three other
local educational agencies, as determined by the Secretary of
Defense, in the State in which the installation is located. In
determining the compensation for employees in schools
established under this section, or its precedent authority in
the United States, the Secretary of Defense shall consider the
compensation for comparable employees in the public schools of
the District of Columbia. For employees in such schools in the
territories of the United States, the Secretary of Defense also
may arrange for the tenure, leave, hours of work, and other
incidents of employment, without regard to the relevant
provisions in title 5, United States Code, for such activities,
on a similar basis as is provided for comparable positions in
the public schools of the District of Columbia.
``(f) When the Secretary of Defense provides educational services
to the dependent child or children of the personnel of another Federal
agency, upon the request of the Secretary of Defense, the Secretary of
the other Federal agency shall reimburse the Secretary of Defense for
such educational services at rate routinely prescribed for such
services by the Secretary of Defense. Any payments received by the
Secretary of Defense under this section shall be credited to the
account designated for the operations of the programs of education
authorized under this section.''.
(b) The table of sections for such Chapter is amended by inserting
after the item relating to section 2162 the following new item:
``2163. United States Department of Defense dependent elementary and
secondary schools.''.
Subtitle D--Other Matters
SEC. 831. CLARIFICATION AND EXPANSION OF AUTHORITY OF THE DEPARTMENT OF
DEFENSE TO RECEIVE VOLUNTARY SERVICES.
(a) Voluntary Services.--Section 1588(a) of title 10, United States
Code, is amended to read as follows:
``(a) Notwithstanding section 1342 of title 31, the Secretary
concerned may accept from any person--
``(1) voluntary medical, dental, nursing, and related
health services;
``(2) voluntary services to be provided for a museum or
natural resources program; or
``(3) voluntary services to be provided for a program that
provides services to members of the armed forces, and their
families, including but not limited to family support programs;
morale, welfare, and recreation programs; child development and
youth services programs; library and educational programs;
religious programs; housing referral programs; and spouse
employment assistance programs.''.
(b) Status of Volunteers.--Section 1588(b) of title 10, United
States Code, is amended to read as follows:
``(b)(1) A person providing voluntary services under subsection (a)
or participating in a training program under subsection (d) shall,
except as provided in paragraph (2), be considered to be a Federal
employee for the purposes of--
``(A) subchapter I of chapter 81 of title 5, relating to
compensation for work-related injuries;
``(B) chapter 171 of title 28 and section 2733 of this
title, relating to tort claims;
``(C) section 552a of title 5, relating to the disclosure
of records; and
``(D) chapter 11 of title 18, relating to conflicts of
interest,
as if the person were a special government employee.
``(2) A person providing voluntary services under subsection (a) to
a nonappropriated fund instrumentality shall be considered an employee
of the instrumentality for the purposes of subchapter II of chapter 81
of title 5, United States Code, relating to compensation for work-
related injuries.
``(3) Compensation received by a volunteer under chapter 81 of
title 5, shall be based on the minimum wage rate established under
section 206(a)(1) of title 29, United States Code.
``(4) A person providing voluntary services under subsection (a) to
a nonappropriated fund instrumentality shall be considered an employee
of the instrumentality for the purposes of chapter 171 of title 28 and
section 2733 of this title, relating to tort claims.
``(5) A person who provides voluntary services under subsection (a)
and is not otherwise employed by the Federal Government including a
nonappropriated fund instrumentality shall not be considered a Federal
employee including a nonappropriated fund employee for any other
purpose by reason of the provision of such services.''.
(c) Reimbursement for Incidental Expenses.--Section 1588(c) of
title 10, United States Code, is amended by striking out ``as an
ombudsman or for a family service center program'' before the period in
the first sentence.
(d) Training and Supervision; Defense Agencies.--Section 1588 of
title 10, United States Code, is amended by adding at the end the
following new subsections:
``(d) The Secretary concerned may recruit and train volunteers for
programs authorized by subsection (a).
``(e) A volunteer whose services are accepted under subsection (a)
shall--
``(1) not be placed in a policy-making position;
``(2) be supervised to the same extent as compensated
employees performing similar services;
``(3) not receive compensation for the services provided;
``(4) not be considered a Federal employee under subsection
(b) unless performing services within the scope of the agency
authorization to perform volunteer services; and
``(5) be licensed, credentialed, privileged, and qualified
as required by law and regulations applicable to the functional
area in which the volunteer provides services.''.
(e) Conforming Amendment.--Section 8171(a) of title 5, United
States Code, is amended by inserting'', or a volunteer providing
services under section 1588 of title 10 to such an instrumentality''
after ``described by section 2105(c) of this title''.
SEC. 832. REPEAL OF PROHIBITION OF CONTRACTING FOR FIREFIGHTING AND
SECURITY GUARD FUNCTIONS AT MILITARY FACILITIES.
Section 2465 of title 10, United States Code, is repealed.
SEC. 833. STATUTE OF LIMITATIONS FOR CLAIMS UNDER THE FAIR LABOR
STANDARDS ACT.
(a) Section 7122(b) of title 5, United States Code, is amended by
adding at the end the following new sentence: ``Payment of back pay is
limited by the applicable statute of limitations found in the basis for
the claim.''.
(b) Section 3702(b)(1) of title 31, United States Code, is
amended--
(1) in subparagraph (A), by striking out ``or'' at the end;
(2) in subparagraph (B), by striking out the period at the
end and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) a claim for unpaid minimum wages, unpaid
overtime compensation or liquidated damages under the
Fair Labor Standards Act of 1938 as amended, must be
received within two years after the claim accrues or be
forever barred.''.
TITLE IX--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 901. EXEMPTION OF CERTAIN ROUTINE ADJUSTMENTS OF PAY FROM DUE
PROCESS PROVISIONS.
Section 5514(a) of title 5, United States Code, 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) The provisions of subparagraph (2) of this subsection (a) do
not apply to routine intra-agency adjustments of pay that are
attributable to clerical or administrative errors or delays in
processing pay documents that have occurred within the four pay periods
preceding the adjustment or to any adjustment that amounts to fifty
dollars or less, provided that at the time of such adjustment, or as
soon thereafter as practical, the individual is provided written notice
of the nature and the amount of the adjustment and a point of contact
for questioning or contesting such adjustment.''.
SEC. 902. CONTRACT DISPUTES ACT AMENDMENT RELATING TO PAYMENT OF
INTEREST OF CONTRACTOR CLAIMS.
Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) is
amended by striking out the first sentence and inserting in lieu
thereof the following new sentence: ``The Government shall pay interest
on a contractor's claim on the amount found due and unpaid from (a) the
date the contracting officer receives the claim pursuant to sections
605(a) and 605(c)(1) of this title or (b) the date the contractor
incurred the cost, whichever is later, until the date of payment. The
contractor shall delineate the actual dollars expended due to the
causes alleged.''.
Subtitle B--Civilian Employee Pay Matters
SEC. 911. EXPIRING AUTHORITIES.
(a) Reduction in Force Notification Requirements.--Section
4433(b)(2) of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2315, 2721) is amended by striking
out ``February 1, 1998'' and inserting in lieu thereof ``February 1,
2000''.
(b) Separation Pay.--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''.
(c) Section 4436(b) of Public Law 102-484 is amended in subsection
(2)(d)(2) by striking out ``January 1, 1998'' and inserting in lieu
thereof'' January 1, 2000''.
(d) Restoration of Certain Leave.--Section 6304(d) of title 5,
United States Code, is amended by inserting after ``December 31,
1997,'' the following: ``or in accordance with section 2687 of title
10, United States Code, or any other similar law''.
(e) Continued Health Benefits.--Section 8905a(d)(4)(B) of title 5,
United States Code, is amended--
(1) in subsections (i) and (ii), by striking out ``October
1, 1997'' and inserting in lieu thereof ``October 1, 1999'';
and
(2) in subsection (ii) by striking out ``February 1, 1998''
and inserting in lieu thereof ``February 1, 2000''.
SEC. 912. TRAVEL, TRANSPORTATION, AND RELOCATION EXPENSES OF EMPLOYEES
TRANSFERRED FROM THE DEPARTMENT OF DEFENSE TO THE POSTAL
SERVICE.
(a) In General.--Chapter 57 of title 5, United States Code, is
amended--
(1) by adding at the end thereof the following new section:
``Sec. 5735. Travel, transportation, and relocation expenses of
employees transferred from the Department of Defense to
the Postal Service
``Notwithstanding the provisions of any other law, employees of the
Department of Defense who are scheduled for separation, not for cause,
and who are selected for a permanent position with the Postal Service
may be authorized travel, transportation, and relocation expenses and
allowances under the same conditions and to the same extent authorized
by this subchapter for other transferred employees within the meaning
of this chapter.''; and
(2) by amending the table of sections at the beginning of
such chapter by adding after the item relating to section 5734
the following new item:
``5735. Travel, transportation, and relocation expenses of employees
transferred from the Department of Defense
to the Postal Service.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective on the enactment of this Act and shall apply only to
employees separated after such date.
SEC. 913. LIMITATION OF SEVERANCE PAY FOR CERTAIN CIVILIAN EMPLOYEES
WHO ARE EMPLOYED BY NONAPPROPRIATED FUNDS.
Section 5595 of title 5, United States Code, is amended by adding
the following new subsection:
``(h) Severance pay shall be suspended for employees who move or
have moved to a nonappropriated fund position under coverage of the
`Portability of Benefits for Nonappropriated Fund Employees Act of
1990' from an appropriated fund position. The severance pay to which
the employee otherwise might have been entitled at the time of
qualifying for separation from the appropriated fund position will be
paid in accordance with this subchapter if the employee is subsequently
involuntarily separated, not by removal for cause on charges of
misconduct, delinquency, or inefficiency, from nonappropriated fund
employment. Severance pay shall not be paid to an employee who, at the
time of the involuntary separation from nonappropriated fund
employment, is eligible for an immediate annuity from a nonappropriated
fund retirement system, or a retirement system applicable to an
employee as defined by section 2105 of this title or to a member of a
uniformed service. Severance pay will not be paid to an employee who
receives severance pay from the nonappropriated fund for the period of
appropriated fund service on which entitlement under this paragraph is
based, and in an equivalent amount. The Secretary of Defense, in
consultation with the Department of Transportation, shall prescribe
regulations implementing this subsection.''.
Subtitle C--Other Matters
SEC. 921. NATIONAL GUARD YOUTH PROGRAMS.
(a) In General.--Chapter 5 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 508. Assistance to certain youth and other organizations
``(a) Authority To Provide Services.--Members or units of the
National Guard may provide the services described in subsection (b) to
an organization described in subsection (c) in conjunction with
training required under this Chapter if--
``(1) the provision of such services does not degrade the
quality of the training or otherwise interfere with the ability
of any unit to perform its military functions;
``(2) the services provided are not commercially available,
or commercial entities affected have agreed in writing not to
object;
``(3) personnel of the National Guard providing the
services perform activities which enhance their skills in their
military specialties; and
``(4) such assistance does not materially increase the cost
of the training activities.
``(b) Covered Services.--Services which may be provided under this
section are--
``(1) ground transportation;
``(2) limited air transportation, but only in the case of
the Special Olympics;
``(3) administrative support;
``(4) technical training;
``(5) emergency medical assistance;
``(6) communications; and
``(7) security support.
``(c) Organizations Which May Be Assisted.--The organizations which
may be assisted under this section are--
``(1) The Boy Scouts of America;
``(2) The Girl Scouts of America;
``(3) The Boys and Girls Clubs of America;
``(4) the YMCA;
``(5) the YWCA;
``(6) the Civil Air Patrol;
``(7) the U.S. Olympic Committee;
``(8) the Special Olympics;
``(9) Campfire Boys and Girls;
``(10) the 4-H Club;
``(11) the Police Athletic League; and
``(12) any other youth or charitable organization
designated by the Secretary of Defense.''.
(b) Clerical Amendments.--The table of sections at the beginning of
Chapter 5 of title 32, United States Code, is amended by adding at the
end the following item:
``508. Assistance to certain youth and other organizations.''.
SEC. 922. PROTECTION FROM UNAUTHORIZED USE OF THE NAME ``DEFENSE
MAPPING AGENCY''.
(a) In General.--Chapter 167 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2798. Unauthorized use of Defense Mapping Agency name, initials,
or seal
``(a) No person may, except with the written permission of the
Secretary of Defense, knowingly use the words `Defense Mapping Agency',
the initials `DMA', the seal of the Defense Mapping Agency, or any
colorable imitation of such words, initials, or seal in connection with
any merchandise, retail product, impersonation, solicitation or
commercial activity in a manner reasonably calculated to convey the
impression that such use is approved, endorsed, or authorized by the
Secretary of Defense.
``(b) Whenever it appears to the Attorney General that any person
is engaged or about to engage in an act or practice which constitutes
or will constitute conduct prohibited by subsection (a), the Attorney
General may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court shall proceed
as soon as practicable to hearing and determination of such action and
may, at any time before such final determination, enter such
restraining orders or prohibitions, or take such other action as is
warranted, to prevent injury to the United States or to any person or
class of persons for whose protection the action is brought.''.
(b) Clerical Amendment.--The table of sections for such chapter 167
is amended by inserting after the item relating to section 2798 as
added by section 623 of this Act, the following new item:
``2798. Unauthorized use of Defense Mapping Agency name, initials, or
seal.''.
SEC. 923. LIMITATION OF LIABILITY FOR ANY NAVIGATIONAL AID PREPARED OR
DISSEMINATED BY THE DEFENSE MAPPING AGENCY.
(a) In General.--Chapter 167 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2799. Limitation of liability
``No claim or action may be brought against the United States based
upon the preparation or dissemination by the Defense Mapping Agency of
any navigational aid, including but not limited to, maps, charts,
publications, products or information, regardless of the form or medium
of such aids.''.
(b) Clerical Amendment.--The table of sections for such chapter 167
is amended by inserting after the item relating to section 2799 as
added by section 624 of this Act, the following new item:
``2799. Limitation of liability.''.
SEC. 924. REORGANIZATION OF THE AIR FORCE LIAISON WITH THE CIVIL AIR
PATROL.
(a) Section 9441(b) of title 10, United States Code, is amended--
(1) by striking out ``and'' after the semicolon in
paragraph (10);
(2) by striking out the period in paragraph (11) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) reimburse the Civil Air Patrol the cost of maintaining the
staff at the National Headquarters, including the payment of travel and
allowances as the Secretary considers required by the Civil Air Patrol
to carry out its mission.''.
(b) Section 9441 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Instead of, or in combination with, detailing or assigning
any member of the Air Force or any officer or employee of the
Department of the Air Force under section (b)(5), the Secretary of the
Air Force may authorize the Civil Air Patrol to employ, as
administrators and liaison officers, retired commissioned and
noncommissioned officers of the Air Force, whose qualifications are
approved by the Secretary under regulations prescribed by him, and who
request such employment, subject to the following:
``(1) Notwithstanding any other provisions of law, retired
members so employed are entitled to receive their retired pay
and an additional amount of not more than the difference
between their retired pay and the pay and allowances that they
would receive if ordered to active duty in the grade and rank
in which they were retired, and this additional amount shall be
paid to the Civil Air Patrol by the Secretary from funds
appropriated for that purpose.
``(2) Notwithstanding any other provision of law such
retired member is not, while so employed, considered to be on
active duty or inactive-duty training for any purpose.''.
SEC. 925. INFORMED CONSENT OF PERSONS PARTICIPATING IN HUMAN MEDICAL
RESEARCH.
Section 980 of title 10, United States Code, is amended to read as
follows:
``Sec. 980. Limitation on use of humans as experimental subjects
``Funds appropriated to the Department of Defense may not be used
for research involving a human as an experimental subject unless the
research is conducted in accordance with regulations prescribed by the
Secretary of Defense. Such regulations shall be consistent with the
regulations prescribed by the Secretary of Health and Human Services
and other agencies establishing a common Federal policy for the
protection of human subjects.''.
SEC. 926. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
(a) Military-to-Military Contacts and Comparable Activities.--
Chapter 6 of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 166b. Military-to-military contacts and comparable activities
``(a) The Secretary of Defense may conduct military-to-military
contacts and comparable activities that are designed to promote the
democratic orientation of the defense establishments and military
forces of other countries. Funds appropriated for such activities may
be provided (1) to the commander of a combatant command, upon the
request of the commander; (2) to 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; or
(3) to a Department of Defense component implementing activities under
this section.
``(b) Activities for which funds may be provided under subsection
(a) include the following:
``(1) Traveling Contact Teams (including transportation,
translation, and administrative expenses).
``(2) Military Liaison Teams.
``(3) Defense, Military, and Unit Exchanges.
``(4) Seminars, Conferences, and Publications to be held or
distributed primarily in the theater.
``(5) Personnel expenses of defense personnel for
bilateral, regional exchange, or familiarization programs.
``(c) Any amount provided for activities under subsection (a)
during any fiscal year for an activity referred to in subsection (b)
shall be in addition to amounts otherwise available for that activity
for that fiscal year.
``(d) Funds appropriated under subsection (a) may be used to
reimburse Military Appropriations Accounts to fund pay and allowances
for National Guard and Reserve personnel participating in activities
referred to in subsection (b).
``(e) Activities may not be conducted under subsection (a) with any
foreign country unless the Secretary of State approves such
activities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 6 of title 10, United States Code, is amended by adding at the
end the following new item:
``166b. Military-to-military contacts and comparable activities.''.
SEC. 927. PURCHASE OF VESSELS FOR THE READY RESERVE FORCE.
(a) Authorization for Fiscal Year 1995.--Notwithstanding any other
provision of law, funds are hereby authorized to be appropriated for
Fiscal Year 1995 to the National Defense Sealift Fund in the amount of
$43,000,000 for the purchase of no more than seven Roll-on/Roll-off
vessels for the Ready Reserve Force maintained under section 11 of the
Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744).
(b) Transfer Authority.--Notwithstanding any other provision of
law, funds appropriated to the National Defense Sealift Fund pursuant
to subsection (a) of this section may be transferred to the Maritime
Administration for the purposes stated in such subsection (a); provided
that, such transfer must occur within 60 days after funds are made
available under an appropriation of funds pursuant to such
authorization in the law; and, provided further, that the Maritime
Administrator shall obligate the transferred funds before the end of
fiscal year 1995 for the purposes stated in such subsection (a).
SEC. 928. TECHNICAL AMENDEMENT TO AUTHORIZE IMPLEMENTATION OF JUNIOR
RESERVE OFFICERS TRAINING CORPS (JROTC) PROGRAM
EXPANSION.
Section 2031(a)(1) of title 10, United States Code, is amended by
striking out ``Not more than 200 units may be established by all of the
military departments each year, and the total'' and inserting in lieu
thereof ``The total''.
TITLE X--MATTERS RELATING TO ALLIES, OTHER NATIONS, AND INTERNATIONAL
ORGANIZATIONS
SEC. 1001. EXTENSION OF AUTHORITY TO ACQUIRE LOGISTIC SUPPORT FOR
FORCES DEPLOYED OUTSIDE THE UNITED STATES TO AUTHORITY TO
ACQUIRE FROM THE UNITED NATIONS OR REGIONAL ORGANIZATIONS
OF WHICH THE UNITED STATES IS A MEMBER.
Section 2341 of title 10, United States Code, is amended by
striking out ``and'' the first time it appears in subparagraph (1)
inserting in lieu thereof a comma and inserting after ``from North
Atlantic subsidiary bodies'' ``, and from the United Nations
Organization or any regional international organization of which the
United States is a member''.
SEC. 1002. EXTENSION OF AUTHORITY TO ENTER INTO CROSS SERVICING
AGREEMENTS TO AUTHORITY TO ENTER INTO AGREEMENTS WITH THE
UNITED NATIONS ORGANIZATION OR ANY REGIONAL ORGANIZATIONS
OF WHICH THE UNITED STATES IS A MEMBER.
Section 2342 of title 10, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph
(a)(1)(B);
(2) by redesignating subparagraph (a)(1)(C) as subparagraph
(a)(1)(D);
(3) by inserting after subparagraph (a)(1)(B) the following
new subparagraph (a)(1)(C) to read as follows:
``(C) the United Nations Organization or any
regional international organization of which the United
States is a member;'';
(4) in subsection (a)(2) by striking out ``subsidiary
body'' both times such term appears and by inserting in lieu
thereof, in each instance, ``organization'', and
(5) in subsection (c) by striking out ``a routine'' and
inserting in lieu thereof ``an ordinary'' and adding at the end
the following new sentence: ``However, subject to section 2348
of this title, the Secretary of Defense may use the authority
of this subchapter in peacetime to facilitate routine mutual
logistic support of and by the United States armed forces in
training, exercise, and operations and to permit better use of
host nation resources for recurring logistic support
requirements of deployed United States armed forces.''.
SEC. 1003. METHOD OF PAYMENT FOR ACQUISITIONS AND TRANSFERS.
Section 2344(b)(4) of title 10, United States Code, is amended by
inserting after ``North Atlantic Treaty Organization subsidiary
bodies'' ``and the United Nations Organization or any regional
international organization of which the United States is a member.''.
SEC. 1004. LIMITATION ON AMOUNTS THAT MAY BE OBLIGATED OR ACCRUED.
Section 2347 of title 10, United States Code, is amended--
(1) in paragraph (a)(1)--
(A) by striking out ``and'' after ``North Atlantic
Treaty Organization'' inserting in lieu thereof a
comma; and
(B) by inserting in such paragraph (1) after
``subsidiary bodies of the North Atlantic Treaty
Organization'' ``or, the United Nations Organization or
any regional international organization of which the
United States is a member'';
(2) in paragraph (b)(1)--
(A) by striking out ``and'' after ``North Atlantic
Treaty Organization'' inserting in lieu thereof a
comma; and
(B) by inserting in such paragraph (1) after
``subsidiary bodies of the North Atlantic Treaty
Organization'' ``or, the United Nations organization or
any regional organization of which the United States is
a member'', and
(3) by adding at the end the following new subsection (c):
``(c) When the armed forces of the United States are involved in a
contingency operation, the restrictions set forth in subsections (a)
and (b) are waived for the purposes and the duration of such
contingency operation.''.
SEC. 1005. DEFINITIONS.
Section 2350 of title 10, United States Code, is amended--
(1) in subsection (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: ``Also, included is 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 amending subsection (3) to read as follows:
``(3) The term `transfer' means selling (whether for
payment in currency, replacement-in-kind, or exchange of
supplies or services of equal value), loaning, or otherwise
temporarily providing logistic support, supplies, and services
under the terms of a cross-servicing agreement.''.
SEC. 1006. EFFECTIVE DATE
The amendments made to sections 2341, 2342, 2344, 2347, and 2350 of
title 10, United States Code, by this Act shall be effective with
regard to acquisitions and transfers of logistic support, supplies, and
services under the authority of this subchapter that are initiated
after the date of enactment of this Act.
TITLE XI--PEACEKEEPING AND RELATED MATTERS
SEC. 1101. ASSISTANCE TO INTERNATIONAL PEACEKEEPING AND PEACE
ENFORCEMENT ACTIVITIES.
(a) Authority.--Notwithstanding the provisions of any other law,
the President is authorized to provide the assistance, including
personnel supplies, services, and equipment, in support of
international peacekeeping and peace enforcement activities, and to
make contributions to pay assessments on behalf of the United States
for such operations when conducted by the United Nations.
(b) Reimbursement Provisions.--Whenever assistance is provided
under subsection (a), the President shall require reimbursement to the
United States for the agreed costs of providing such support: Provided,
That, in exceptional circumstances and when the President finds it to
be in the national interest, he may waive, in whole or in part, the
requirement of such reimbursement: Provided further, That, in the case
of a reimbursement from the United Nations, it may be made, subject to
section (c)(1), either directly or indirectly in the form of the
receipt of a credit to be applied against the United States Government
share of any assessment due and owing.
(c) Crediting of Receipts.--(1) The President is authorized to
receive reimbursement from any source for the costs incurred by the
United States for assistance provided pursuant to subsection (a). Any
reimbursements received shall first be used to reimburse the
appropriate department of the Department of Defense for any incremental
costs incurred in the provision of such assistance. Reimbursements
received for incremental costs shall be credited, at the option of the
appropriate department of Department of Defense, either to the
appropriation, fund, or account utilized in incurring the obligation,
or to an appropriate appropriation, fund, or account currently
available for the purposes for which the expenditures were made.
(2) There is hereby established in the Treasury of the United
States a fund to be known as the ``Contributions for International
Peacekeeping and Peace Enforcement Activities Fund''. Funds
appropriated to or deposited in the Contributions for International
Peacekeeping and Peace Enforcement Activities Fund shall be utilized
for the purpose of paying assessments for Untied Nations operations
made under this section and shall remain available until expended. To
the extent that the amount of any reimbursement received is in excess
of reimbursement for incremental costs made under subsection (c)(1),
such excess funds may be credited to the Contributions for
International Peacekeeping and Peace Enforcement Activities Fund.
(d) Annual Reporting Requirement.--The President shall submit to
Congress not later than February 1 of each year a report for the
previous fiscal year, containing--
(1) a description of each international peacekeeping or
peace enforcement activity supported under the authority of
this section;
(2) the types of assistance provided under this section, by
operation or activity supported; and
(3) the dollar value, by operation or activity supported,
of all assistance provided, reimbursements received,
reimbursements waived, credits taken, and obligations incurred
in the Contributions for International Peacekeeping and Peace
Enforcement Activities Fund.
(e) Authorization of Appropriations.--There are hereby authorized
to be appropriated to the Department of Defense, funds for the payment
of assessments for United Nations operations made under authority of
this section.
(f) Limitations on the Payment of Assessments.--Payments for
assessments made under subsection (a) may be provided only for an
operation conducted by the United Nations for which the Secretary of
Defense has primary responsibility.
TITLE XII--COUNTERPROLIFERATION
SEC. 1201. EXTENSION AND AMENDMENT OF COUN- TERPROLIFERATION
AUTHORITIES.
(a) Extension of International Nonproliferation Authorities.--(1)
Section 1505 of the National Defense Authorization Act for Fiscal Year
1993, as amended, (22 U.S.C. 5859a) is amended--
(A) in subsection (a) by striking out ``during fiscal year
1994'' and inserting in lieu thereof ``during fiscal year 1995
and thereafter'', and
(B) in subsection (e) by striking out ``fiscal year 1994''
and inserting lieu thereof ``during fiscal year 1995 and
thereafter''.
(2) Additional Authorities.--Subsection (b) of such section 1505 is
amended--
(A) by amending paragraph (1) to read as follows:
``(1) Activities carried out by international organizations
that are designed to ensure more effective safeguards against
proliferation and more aggressive verification of compliance
with international agreements on nonproliferation.'';
(B) in paragraph (2) by striking out ``the On-Site
Inspection Agency'', inserting in lieu thereof ``the Department
of Defense'';
(C) in paragraph (4) by striking out ``Proliferation
through joint technical projects and improved intelligence
sharing'' inserting in lieu thereof'', biological, chemical,
and missile proliferation through technical projects and
improved information sharing''; and
(D) by adding at the end the following new paragraph (5) to
read as follows:
``(5) Activities supporting the dismantlement and
destruction of nuclear, biological, and chemical weapons, their
delivery systems, related technologies, and other weapons.''.
(3) Repeal of Funding Limitations.--Subsection (d) of such section
1505, as amended, is amended by striking out paragraphs (1) and (3) and
the designator ``(2)''.
(b) Extension of Authority for Studies Relating to United States
Counterproliferation Policy and Repeal of Reporting Requirement.--
Section 1603 of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 5859a) is amended--
(1) by striking out subsections (d) and (e); and
(2) in subsection (a) by striking out ``during fiscal year
1994'' inserting in lieu thereof ``during fiscal year 1995 and
thereafter''.
(c) Authorization of Appropriations.--In addition to funds
otherwise available to the Department of Defense, there is authorized
to be appropriated an additional amount of up to $30,159,000 during
fiscal year 1995 for the purposes of conducting counterproliferation
activities.
TITLE XIII--ACQUISITION REFORM
SEC. 1301. AMENDMENT TO RESEARCH AUTHORITIES.
(a) Section 2358 of title 10, United States Code, (as amended by
section 827(a) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547)) is amended--
(1) by amending the section heading to read as follows:
``Sec. 2358. Research and development projects'';
(2) in subsection (a), by striking out ``basic, advanced,
and applied research'' and inserting in lieu thereof ``basic
research, applied research, advanced research'';
(3) in subsection (a)(1), by striking out ``basic,
advanced, and applied''; and
(4) by amending subsection (b)(1) to read as follows:
``(1) by contract, cooperative agreement, or grant;''.
(b) Section 2371 of title 10, United States Code, (as amended by
section 827(b) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547)), is amended to read as
follows:
``Sec. 2371. Research projects: cooperative agreements and other
transactions
``(a) Authority For Other Transactions.--The Secretary of Defense,
through the Advanced Research Projects Agency and such other elements
of the Department of Defense as the Secretary may designate, and the
Secretary of each military department, in carrying out basic, applied,
and advanced research projects, may enter into other transactions, in
addition to contracts, grants and cooperative agreements authorized by
section 2358 of this title.
``(b) Authority For Merging Funds.--(1) Cooperative agreements
entered into under section 2358 of this title and other transactions
for the performance of such research projects may include a clause that
requires a person or other entity to make payments to the Department of
Defense (or any other department or agency of the Federal Government)
as a condition for receiving support under the agreement or other
transaction.
``(2) The amount of any payment received by the Federal Government
pursuant to a requirement imposed under paragraph (1) may be credited,
to the extent authorized by the Secretary of Defense, to the current
applicable appropriation of the Department of Defense. Amounts so
credited shall be merged with other funds in the account and shall be
available for the same purposes and the same period for which other
funds in the account to which credited are available.
``(3) The authority provided under paragraphs (1) and (2) may be
exercised without regard to section 3324 of title 31, United States
Code.
``(c) Conditions.--The Secretary of Defense shall ensure that--
``(1) to the maximum extent practicable, a cooperative
agreement using the merger authority of subsection (b) or other
transaction under subsection (a) does not provide for research
that duplicates research being conducted under existing
programs carried out by the Department of Defense;
``(2) to the extent the Secretary determines practicable,
the funds provided by the Government under the cooperative
agreement or other transaction do not exceed the total amount
provided by the other parties to the cooperative agreement or
other transaction; and
``(3) authorities under this section are used only when the
use of standard contracts or grants is not feasible or
appropriate.
``(d) Reporting.--Not later than 60 days after the end of each
fiscal year, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
all cooperative agreements using the merger authority of subsection (b)
and all other transactions (other than contracts and grants) entered
into under this section during such fiscal year. The report shall
contain, with respect to each such cooperative agreement and
transaction, the following:
``(1) A general description of the cooperative agreement or
other transaction (as the case may be), including the
technologies for which research is provided for under such
agreement or transaction.
``(2) The potential military and, if any, commercial
utility of such technologies.
``(3) The reasons for not using a contract or grant to
provide support for such research.
``(4) The amount of the payments, if any, referred to in
subsection (b) that were received by the Federal Government in
connection with such cooperative agreement or other transaction
during the fiscal year covered by the report.
``(5) The amount of the payments reported under paragraph
(4), if any, that were credited to each account established
under subsection (d).
``(e) Stevenson-Wydler Authority for Cooperative Research and
Development Agreements Reiterated.--The Secretary of Defense, in
carrying out research projects through the Advanced Research Projects
Agency, the Secretary of each military department, and the Director of
a Defense agency in carrying out research projects, may permit the
director of any federally funded research and development center to
enter into cooperative research and development agreements with any
person, any agency or instrumentality of the United States, any unit of
State or local government, and any other entity under the authority
granted by section 11 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a). Technology may be transferred to a non-
Federal party to such an agreement consistent with the provisions of
sections 10 and 11 of such Act (15 U.S.C. 3710, 3710a).''
(c) The table of sections for such chapter 139 of title 10, United
States Code, is amended--
(1) by striking out the item relating to section 2358 and
inserting in lieu thereof the following:
``2358. Research and development projects.'';
and
(2) by striking out the item relating to section 2371 and
inserting in lieu thereof the following:
``2371. Research projects: cooperative agreements and other
transactions.''.
SEC. 1302. AMENDMENT OF ACQUISITION LAWS RELATING TO INDUSTRIAL
MOBILIZATION.
(a) Section 2539(a) of title 10, United States Code (as added by
section 822(a) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547, 1705)), is amended by
inserting ``or Secretary of a Military department'' after ``Secretary
of Defense'' in the first sentence.
(b) Section 2541 of title 10, United States Code (as added by
section 822(b) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547, 1706)), is amended--
(1) in subsection (a)(1) by inserting ``rent'' after
``lend.;'' and
(2) by amending subsection (b) to read as follows:
``(b) Confidentiality of Test Results.--Prior to making the
services set forth in subsection (a)(3) available to any person or
entity for the benefit of that person or entity, the Federal
Government's representative to the negotiations for the service shall
ensure that any contract or other agreement for the provision of such
services specifies the rights in the resulting technical data that the
government shall retain.''.
(c) Section 2373(b) of title 10, United States Code (as added by
section 822(c) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547, 1706)), is amended by
inserting ``, with or without competitive bidding,'' after ``outside
the United States''.
(d) Section 2538 of title 10, United States Code (as added by
section 822(a) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547, 1704)), is amended--
(1) in subsection (a), by striking out ``the Secretary of
Defense,'' and inserting in lieu thereof ``the head of any
department or agency,''; and
(2) in subsection (c)--
(A) by striking out ``through the Secretary of
Defense,'' and inserting in lieu thereof ``through the
head of any department or agency,'' and
(B) by striking out ``in the opinion of the
Secretary of Defense'' and inserting in lieu thereof
``in the opinion of the department or agency head''.
SEC. 1303. DISPOSITION OF NAVAL VESSELS.
(a) Section 7304 of title 10, United States Code, is amended to
read as follows:
``Sec. 7304. Disposition of Naval Vessels
``(a) The Secretary of the Navy shall designate boards of naval
officers to examine all naval vessels, including unfinished vessels.
Each vessel shall be examined at least once every three years if
practicable.
``(b) The Boards shall recommend to the Secretary of the Navy in
writing which vessels, if any, should be stricken from the Naval Vessel
Register. In making such recommendations, the boards shall consider
whether any vessel is unfit for service or whether any unfinished
vessel cannot be finished without disproportionate expense.
``(c) Where the Secretary concurs with any such recommendation, the
Secretary shall strike the name of that vessel from the Naval Vessel
Register. The Secretary of the Navy shall appraise each vessel so
stricken when the Secretary determines that it is in the national
interest, the Secretary is authorized to sell such vessels under
prescribed regulations.
``(1) Vessels stricken from the Naval Vessel Register and
not subject to disposition under any other law, may be sold at
public sale to the highest acceptable bidder, regardless of
their appraised value, after being advertised for sale for a
period of not less than 30 days.
``(2) If the Secretary determines that the bid prices
received after advertising are not reasonable and that
readvertising will serve no useful purpose, such vessels may be
sold by negotiation to the highest acceptable offeror, provided
that--
``(A) each responsible bidder has been notified of
intent to negotiate and has been given a reasonable
opportunity to negotiate; and
``(B)(i) the negotiated price is higher than the
highest rejected price of any responsible bidder; or
``(ii) the negotiated price is reasonable and is in
the national interest.
``(d) The Secretary of the Navy is further authorized to transfer,
by gift or otherwise, any stricken or captured vessel to--
``(1) any state, territory, commonwealth or possession of
the United States, or any municipal corporation or any
political subdivision thereof;
``(2) the District of Columbia; or
``(3) any not-for-profit or nonprofit entity;
provided that the transfer occurs at no cost to the United States and
that the transferee agrees to maintain the vessel in a condition
satisfactory to the Navy.
``(e) The Secretary of the Navy is further authorized to use any
stricken vessel for experimental purposes. The vessel shall first be
stripped as practicable. The amounts received from stripping the vessel
shall be credited to appropriations available for the procurement of
those scrapping services needed for stripping. Amounts received which
are in excess of amounts necessary for procuring those services shall
be deposited into the general fund of the Treasury.
``(f) The provisions of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.) do not apply to the
disposition of a naval vessel under this section.
``(g) Notwithstanding any other provision of law, no battleship,
aircraft carrier, cruiser, or destroyer, or submarine of the Navy may
be sold, transferred or otherwise disposed of, unless the Chief of
Naval Operations certifies that it is not essential to the defense of
the United States.
``(h) All transfers provided pursuant to this section shall occur
at no cost to the United States, and the transferee shall agree to
maintain the vessel in a condition satisfactory to the United States,
and to be responsible for all liabilities connected with the use and
maintenance of the vessel.''.
(b) Sections 7305, 7306, 7307, and 7308 of title 10, United States
Code, are repealed.
SEC. 1304. CONTRACT FOR FUEL STORAGE AND MANAGEMENT.
Section 2388(a) of title 10, United States Code (as amended by
section 825 of the National Defense Authorization Act of Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1547)), is amended by striking out
``fuels and natural gas.'' and inserting in lieu thereof ``fuels or
natural gas.''.
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