[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2182 Engrossed Amendment House (EAH)]
103d CONGRESS
2d Session
S. 2182
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.
July 25, 1994.
Resolved, That the bill from the Senate (S. 2182) entitled ``An
Act to authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, for military construction, and
for defense programs of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause, and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1995''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
Subtitle B--Army Programs
Sec. 111. Procurement of helicopters.
Subtitle C--Navy Programs
Sec. 121. Termination of Navy F-14A/B upgrade program.
Sec. 122. Limitation on acquisition of guidance systems for Trident II
missiles.
Sec. 123. Prohibition on Trident II backfit.
Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.
Sec. 125. Limitation on cost of Seawolf submarine program.
Sec. 126. Limitation on procurement of TAGS vessels.
Sec. 127. Advanced Capability (ADCAP) modification program for the MK-
48 torpedo.
Subtitle D--Air Force Programs
Sec. 131. Intertheater airlift programs.
Sec. 132. B-2 bomber program cost limitation.
Sec. 133. Bomber force upgrade program.
Sec. 134. Evaluation of restart of C-5B aircraft procurement.
Subtitle E--Defense-Wide Activities
Sec. 141. Ballistic missile early warning programs.
Subtitle F--National Defense Sealift Fund
Sec. 161. Prohibition of transfer of fiscal year 1994 funds to CVN-76
construction.
Sec. 162. Fiscal year 1995 National Defense Sealift fund program.
Sec. 163. Transfer of excess amount to BRAC III account.
Sec. 164. Fiscal year 1994 unauthorized sealift appropriation defined.
Sec. 165. Operation of sealift vessels for which assistance is provided
through National Defense Sealift Fund.
Subtitle G--Other Matters
Sec. 171. Transfer of USNS Maury.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Taconite processing technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Standoff air-to-surface munitions technology demonstration.
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced
Chemical Laser against an object in space.
Sec. 214. Applicability of certain electronic combat systems testing
requirements.
Sec. 215. Advanced Self Protection Jammer (ASPJ) program.
Sec. 216. Advanced lithography program.
Sec. 217. Federally funded research and development centers.
Sec. 218. Defense experimental program to stimulate competitive
research.
Sec. 219. Digital battlefield program.
Sec. 220. Mobile Off-Shore Base and Landing Ship Quay Causeway program.
Sec. 221. Arrow/ACES program.
Sec. 222. Army helicopter engine upgrade program.
Sec. 223. Research and development for strategic metals.
Subtitle C--Missile Defense Programs
Sec. 231. Ballistic Missile Defense Organization budget presentation.
Sec. 232. Theater Missile Defense programs.
Sec. 233. Theater Missile Defense risk reduction activities.
Sec. 234. Military satellite communications.
Sec. 235. Limitation on flight tests of certain missiles.
Sec. 236. Compliance with the ABM Treaty.
Subtitle D--Women's Health Research
Sec. 241. Defense women's health research program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Defense Business Operations Fund.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Funds for depot-level maintenance and repair work.
Sec. 305. Support for the 1996 Olympics.
Sec. 306. Funds for clearing landmines.
Sec. 307. Support for the 1995 Special Olympics World Games.
Subtitle B--Limitations
Sec. 311. Reports and limitation on transfer of certain operation and
maintenance funds.
Sec. 312. Limitation on retention of morale, welfare, and recreation
funds by military installations.
Sec. 313. Prohibition on use of appropriated funds for operation of
Armed Forces Recreation Center, Europe.
Sec. 314. Limitation on use of specifications for procurement of
subsistence items.
Subtitle C--Depot-Level Activities
Sec. 321. Findings.
Sec. 322. Modification of limitation on performance of depot-level
maintenance.
Sec. 323. Limitation on the performance of depot-level maintenance of
materiel for new weapon systems.
Sec. 324. Audits to monitor cost growth of contracts to perform depot-
level maintenance and repair.
Sec. 325. Consideration of costs of closing Department of Defense
depots in certain cost comparisons.
Sec. 326. Authority for depot-level activities of the Department of
Defense to compete for maintenance and
repair workloads of other Federal agencies.
Sec. 327. Authority of depots to provide services outside of the
Department of Defense.
Sec. 328. Maintenance of sufficient depot-level facilities, activities,
and employees of the Department of Defense.
Sec. 329. Reutilization initiative for depot-level activities.
Subtitle D--Defense Business Operations Fund
Sec. 341. Oversight of Defense Business Operations Fund.
Sec. 342. Review by Comptroller General of charges imposed by Defense
Business Operations Fund.
Subtitle E--Department of Defense Domestic and Overseas Schools
Sec. 351. Reauthorization of Department of Defense domestic elementary
and secondary schools for military
dependents.
Sec. 352. Survey and pilot program for the transfer of Department of
Defense domestic dependent elementary and
secondary schools to appropriate local
educational agencies.
Sec. 353. Report on calculation and recovery of tuition costs of
certain students enrolled in schools of the
defense dependents' education system.
Sec. 354. Authority to accept gifts for Department of Defense domestic
elementary and secondary schools.
Subtitle F--Other Matters
Sec. 361. Modification of fees paid by residents of Armed Forces
Retirement Home.
Sec. 362. National Guard youth program.
Sec. 363. Department of Defense food inventory program.
Sec. 364. Department of Defense special supplemental food program.
Sec. 365. Transportation of the remains of deceased retired members who
die outside of the United States.
Sec. 366. Authority to transport the remains of certain deceased
veterans on Department of Defense
aeromedical evacuation aircraft.
Sec. 367. Modification of Air Force support for the Civil Air Patrol.
Sec. 368. Review and report on use of operations and maintenance funds
by the Department of Defense.
Sec. 369. Requirement of comparative report on operations and
maintenance funding.
Sec. 370. Automated data processing programs of the Department of
Defense.
Sec. 371. Review by Defense Inspector General of cost growth in certain
contracts.
Sec. 372. Cost comparison studies for contracts for advisory and
assistance services.
Sec. 373. Requirement and plan for converting performance of certain
positions to performance by Department of
Defense employees.
Sec. 374. Use of service contract funds for separation incentive
programs for Department of Defense
employees.
Sec. 375. Non-Federal employment incentive pilot program.
Sec. 376. Uniform health benefits program for employees of the
Department of Defense assigned to
nonappropriated fund instrumentalities.
Sec. 377. Operation of military exchange and commissary store at Naval
Air Station Fort Worth, Joint Reserve
Center, Carswell Field.
Sec. 378. Ships' stores.
Sec. 379. Program to commemorate World War II.
Sec. 380. One-year extension of certain programs.
Sec. 381. Clarification and codification of overseas military end
strength limitation.
Sec. 382. Authority to issue military identification cards to so-called
honorary retirees of the Naval and Marine
Corps Reserves.
Sec. 383. Modification of statute of limitations for certain claims for
personal property damage or loss.
Sec. 384. Operation of overseas facilities of the Department of Defense
by United States firms.
Sec. 385. Exclusion of certain troops in calculation of authorized and
strength for military personnel in Europe.
Sec. 386. Authority to transfer certain excess property to educational
institutions and training schools.
Sec. 387. Priority to States for transfer of nonlethal excess supplies
of the Department of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Limitation on deployment of divisions constituting Army
contingency force.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. Active component members to be assigned for training
compatibilty with guard units.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority for officers to serve on successive promotion
boards.
Sec. 502. Army field grade officer strength limitations.
Sec. 503. Technical changes to provisions enacted by Warrant Officer
Management Act.
Sec. 504. Navy and Marine Corps limited duty officers.
Sec. 505. Retirement or enlistment of certain limited duty officers of
the Navy and Marine Corps.
Sec. 506. Temporary exclusion of Superintendent of Naval Academy from
counting toward number of senior admirals
authorized to be on active duty.
Sec. 507. Grade of heads of certain professional military education
schools.
Subtitle B--Reserve Component Matters
Sec. 511. Selected Reserve activation authority.
Sec. 512. Reserve general and flag officers on active duty.
Sec. 513. Definition of active guard and reserve duty.
Sec. 514. Repeal of obsolete provisions pertaining to transfer of
regular enlisted members to the Retired
Reserve.
Sec. 515. Guard and reserve transition initiatives.
Sec. 516. Semiannual report on separations of active Army officers.
Subtitle C--Other Matters
Sec. 521. Repeal of required reduction in recruiting personnel.
Sec. 522. Coast Guard force reduction transition benefits.
Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.
Sec. 524. Authorized active duty strengths for Army enlisted members in
pay grade E-8.
Sec. 525. Reimbursement for certain losses of household effects during
PCS moves.
Sec. 526. Victims' advocates programs in Department of Defense.
Sec. 527. Prohibition of retaliatory actions against members of the
Armed Forces making allegations of sexual
harassment or unlawful discrimination.
Sec. 528. Annual report on personnel readiness.
Sec. 529. Programs related to Desert Storm mystery illness.
Sec. 530. Upgrade of Armed Forces Staff College wargaming and other
capabilities.
Sec. 531. Prohibition on imposition of additional charges or fees for
attendance at certain academies.
Sec. 532. Authorization for instruction of civilian students at Foreign
Language Center of the Defense Language
Institute.
Sec. 533. Sense of Congress concerning appropriate Department of
Defense force structure through 1997.
Sec. 534. Discharge of members who are permanently nonworldwide
assignable.
Sec. 535. Military recruiting on campus.
Sec. 536. Survey on the state of race and ethnic issues in the
military.
Sec. 537. Request for posthumous commissioning in the Army of two
African Americans discharged from West
Point due to racial prejudice during post-
Civil War period.
Sec. 538. Detail of Department of Defense personnel to assist
Immigration and Naturalization Service,
Border Patrol and Customs Service.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
Sec. 602. Cost-of-living allowance for members of the uniformed
services assigned to high cost areas in the
continental United States.
Sec. 603. Increase in subsistence allowance payable to members of
Senior Reserve Officers' Training Corps.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Increase in authorized incentive special pay for certified
registered nurse anesthetists.
Sec. 612. Extension of authority for payment of aviation officer
retention bonus
Subtitle C--Travel and Transportation Allowances
Sec. 621. Change in provision of transportation incident to personal
emergencies for members stationed outside
the continental United States.
Sec. 622. Clarification of travel and transportation allowance of
family members incident to the serious
illness or injury of members.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Elimination of disparity between effective dates for military
and civilian retiree cost-of-living
adjustments for fiscal year 1995.
Sec. 632. Clarification of calculation of retired pay for officers who
retire in a grade lower than the grade held
at retirement.
Sec. 633. Crediting of reserve service of enlisted members for
computation of retired pay.
Sec. 634. Minimum required reserve service for eligibility for retired
pay for nonregular service during force
drawdown period.
Sec. 635. SBP premiums for reserve-component child-only coverage.
Sec. 636. Discontinuation of insurable interest coverage under survivor
benefit plan.
Subtitle E--Other Matters
Sec. 641. Authority for survivors to receive payment for all leave
accrued by deceased members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Revision of definition of dependents to include young people
being adopted by members or former members.
Sec. 702. Treatment of certain dependents as children for purposes of
CHAMPUS, dependents' dental program, and
continued health benefits coverage.
Sec. 703. Authorization for medical and dental care of abused
dependents of certain members.
Sec. 704. Additional authorized health care service available through
military health care system.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
Sec. 711. Expanded use of partnership and resource sharing programs for
improved cost-effectiveness.
Sec. 712. Imposition of enrollment fees for managed care plans.
Sec. 713. Strengthening managed health care authorities.
Sec. 714. Delay in deadline for use of health maintenance organization
model as option for military health care.
Sec. 715. Limitation on reduction in number of reserve component
medical personnel.
Subtitle C--Other Matters
Sec. 721. Delay in closure of army hospital at Vicenza, Italy.
Sec. 722. Demonstration program for admission of civilians as physician
assistant students at Academy of Health
Sciences, Fort Sam Houston, Texas.
Sec. 723. Report on expanded use of nonavailability of health care
statements.
Sec. 724. Sense of Congress on continuity of health care services for
covered beneficiaries in certain areas
affected by base closures.
Sec. 725. Oral typhoid vaccine inventory of Department of Defense.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
Sec. 801. Procurement technical assistance programs.
Subtitle B--Acquisition Improvement
Part I--General Improvements
Sec. 811. Congressional defense procurement policy.
Sec. 812. Repeal of requirement relating to production special tooling
and production special test equipment.
Sec. 813. Repeal of vouchering procedures section.
Sec. 814. Clarification of provision relating to quality control of
certain spare parts.
Sec. 815. Contractor guarantees regarding weapon systems.
Part II--Major Systems Statutes
Sec. 821. Weapon development and procurement schedules.
Sec. 822. Selected Acquisition Report requirement.
Sec. 823. Unit cost report requirement.
Sec. 824. Requirement for independent cost estimates and manpower
estimates before development or production.
Sec. 825. Baseline description.
Sec. 826. Repeal of requirement for competitive prototyping in major
programs.
Sec. 827. Repeal of requirement for competitive alternative sources in
major programs.
Part III--Testing Statutes
Sec. 831. Authorization of less than full-up testing.
Sec. 832. Limitation on quantities to be procured for low-rate initial
production.
Sec. 833. Operational test and evaluation of defense acquisition
programs.
Part IV--Civil Reserve Air Fleet
Sec. 841. Definition of contractor.
Sec. 842. Consolidation of provisions relating to contractual
commitment of aircraft.
Sec. 843. Use of military installations by contractors.
Part V--Miscellaneous
Sec. 851. Regulations on procurement, production, warehousing, and
supply distribution functions.
Sec. 852. Repeal of requirements regarding product evaluation
activities.
Sec. 853. Codification and revision of limitation on lease of vessels,
aircraft, and vehicles.
Sec. 854. Repeal of application of Public Contracts Act to certain
Naval vessel contracts.
Sec. 855. Consolidation of limitations on procurement of goods other
than American goods.
Sec. 856. Department of Defense acquisition of intellectual property
rights.
Sec. 857. Department of Defense review of antitrust cases with national
security implications.
Sec. 858. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Subtitle C--Other Matters
Sec. 871. Environmental consequence analysis of major defense
acquisition programs.
Sec. 872. Award of contracts and grants on the basis of competition.
Sec. 873. Shipbuilding claims.
Sec. 874. Demonstration project on purchase of fire, security, police,
public works, and utility services from
local government agencies.
Sec. 875. Defense acquisition pilot program.
Sec. 876. Preference for local residents.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT
Sec. 901. Revision of National Guard Bureau charter.
Sec. 902. Army Reserve Command.
Sec. 903. Assignment of reserve forces to combatant commands.
Sec. 904. Budget support for reserve elements of Special Operations
Command.
Sec. 905. Change of title of Comptroller of the Department of Defense
to Under Secretary of Defense
(Comptroller).
Sec. 906. Reclarification of independent status of Director of
Operational Test and Evaluation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Date for submission of future-years mission budget.
Sec. 1005. Identification and reporting of unauthorized appropriations.
Subtitle B--Counter-Drug Activities
Sec. 1011. Department of Defense support for counter-drug activities of
other agencies.
Subtitle C--Contingency Operations
Sec. 1021. Funding for contingency operations.
Sec. 1022. Extension of authority to enter into certain cooperative
agreement authorities to include the United
Nations and regional organizations of which
the United States is a member.
Sec. 1023. Overseas Humanitarian, Disaster, and Civic Aid.
Sec. 1024. Disaster relief.
Sec. 1025. Humanitarian assistance program for clearing landmines.
Subtitle D--Other Matters
Sec. 1031. Annual report on denial, revocation, and suspension of
security clearances.
Sec. 1032. Commission on Roles and Missions of the Armed Forces.
Sec. 1033. Prohibition on authorization of payment of costs under
defense contracts for restructuring costs
of a merger or acquisition.
Sec. 1034. Transfer of certain B-17G aircraft.
Sec. 1035. USS Indianapolis (CA-35): gallantry, sacrifice and a
decisive mission to end WW II.
Sec. 1036. Sense of Congress concerning commendation of individuals
exposed to mustard agents during World War
II testing activities.
Sec. 1037. Sense of Congress concerning eligibility for Armed Forces
Expeditionary Medal based upon service in
El Salvador.
Sec. 1038. Military-to-military contact program.
Sec. 1039. Limitation on obligation of funds for overseas basing
activities.
Sec. 1040. Transportation of chemical munitions.
Sec. 1041. Findings and sense of Congress concerning the North Atlantic
Treaty Organization.
Sec. 1042. Report on status of defense random drug testing program.
Sec. 1043. Reduction of United States military forces in Europe.
Sec. 1044. Report on military readiness implications of Bosnia
peacekeeping deployment.
Sec. 1045. Report on lessons learned from United States activities in
Somalia.
Sec. 1046. Sense of Congress concerning safe, secure dismantlement of
Soviet nuclear arsenal.
Sec. 1047. Coordination of military-to-military contact programs.
Sec. 1048. Extension of semiannual report on Cooperative Threat
Reduction programs.
Sec. 1049. Limitation on Cooperative Threat Reduction program relating
to offensive biological weapons program of
Russia.
Sec. 1050. Prohibition on use of Department of Defense funds for United
States share of costs of United Nations
peacekeeping operations.
Sec. 1051. Assistance to family members of Korean Conflict POW/MIAs who
remain unaccounted for.
Sec. 1052. Report assessing the regional security consequences of
United States military cooperation
programs.
Sec. 1053. Study on use of low-enriched uranium to fuel naval reactors.
Sec. 1054. Sense of Congress concerning Nuclear Nonproliferation Treaty
Review Conference.
Sec. 1055. Assistance for public participation in defense environmental
restoration activities.
Sec. 1056. Authorization to exchange certain items for transportation
services.
Sec. 1057. Authorization for industrial facilities of the Armed Forces
to sell articles and services to persons
outside Department of Defense.
Sec. 1058. Sense of the Congress concerning the North Korean nuclear
weapons development program.
Sec. 1059. Congressional action on negotiation of limitations on
nuclear weapons testing.
Sec. 1060. Sense of Congress and report on readiness of military forces
of the Republic of Korea.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
Sec. 1101. Short title.
Sec. 1102. Funding of defense conversion, reinvestment, and transition
assistance programs for fiscal year 1995.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
Sec. 1111. Funding of defense technology reinvestment programs for
fiscal year 1995.
Sec. 1112. Clarification of eligible non-Department of Defense
participants in technology reinvestment
projects.
Sec. 1113. Additional criteria for loan guarantees under the defense
dual-use assistance extension program.
Sec. 1114. Financial commitment requirements for small business
concerns for participation in technology
reinvestment projects.
Sec. 1115. Conditions on funding of defense technology reinvestment
projects.
Subtitle B--Community Adjustment and Assistance Programs
Sec. 1121. Funds for adjustment and diversification assistance for
States and local governments from Office of
Economic Adjustment.
Sec. 1122. Studies and plans for market diversification.
Sec. 1123. Advance community adjustment and economic diversification
planning.
Subtitle C--Personnel Adjustment, Education, and Training Programs
Sec. 1131. Continuation of teacher and teacher's aide placement
programs.
Sec. 1132. Programs to place separated members and terminated defense
employees in employment positions as public
safety officers.
Sec. 1133. Pilot program to place separated members and terminated
defense employees in teaching positions as
bilingual math and science teachers.
Sec. 1134. Demonstration project to assist separated members and
terminated defense workers to become
business owners.
Sec. 1135. Demonstration project to promote ship recycling as a method
to assist separated members and terminated
defense workers.
Sec. 1136. Administration and funding of Defense Diversification
Program and Defense Conversion Adjustment
Program under Job Training Partnership Act.
Sec. 1137. Expansion of personnel adjustment, education, and training
programs to include Coast Guard.
Sec. 1138. Assistance for certain workers dislocated due to reductions
by the United States in the export of
defense articles and services.
Subtitle D--ARMS Initiative
Sec. 1141. Extension of Armament Retooling and Manufacturing Support
Initiative.
Sec. 1142. Loan guarantees under Armament Retooling and Manufacturing
Support Initiative.
Subtitle E--Other Matters
Sec. 1151. Changes in notice requirements upon pending or actual
termination of defense programs.
Sec. 1152. Plan for deployment of defense environmental technologies
for dredging of dual-use ports.
Sec. 1153. Pilot program to develop and demonstrate environmental
remediation technologies.
TITLE XII--COOPERATIVE THREAT REDUCTION, COUNTERPROLIFERATION, AND
RELATED MATTERS
Subtitle A--Cooperative Threat Reduction
Sec. 1201. Report on accounting for United States assistance.
Sec. 1202. Report on control and accountability of material relating to
weapons of mass destruction.
Sec. 1203. Cooperative threat reduction.
Sec. 1204. Limitations on Cooperative Threat Reduction Program.
Subtitle B--Counterproliferation Activities
Sec. 1211. Extension and revision of counterproliferation authorities.
Sec. 1212. Studies relating to United States counterproliferation
policy.
Sec. 1213. Fiscal year 1995 amount.
Sec. 1214. Limitation on funds for studies pending receipt of
previously required report.
TITLE XIII--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)
Sec. 1301. Short title; table of contents.
Sec. 1302. References to title 10, United States Code.
Subtitle A--Reserve Officer Personnel Management
Part I--Revised and Standardized Reserve Officer Personnel System
Sec. 1311. Promotion and retention of reserve officers.
Part II--Conforming Amendments
Sec. 1321. Definition of reserve active-status list.
Sec. 1322. Authority to suspend officer personnel laws during war or
national emergency.
Sec. 1323. Active-duty list promotion boards to have authority to
recommend that reserve officers considered
for promotion be required to show cause for
retention on active duty.
Sec. 1324. Applicability of chapter 36 to reserve officers during war
or national emergency.
Sec. 1325. Grade in which reserve officers are ordered to active duty.
Sec. 1326. Date of rank.
Sec. 1327. Discharge before completion of required service in case of
officers having twice failed of selection
for captain or navy lieutenant.
Sec. 1328. Conforming amendments relating to Navy and Marine Corps
officers.
Sec. 1329. Repeal of reserve officer personnel policy laws.
Sec. 1330. Amendments to title 32, United States Code.
Subtitle B--Other Personnel Policy Amendments
Part I--Appointments
Sec. 1331. Repeal of separate authority for accession of women in
reserve components.
Sec. 1332. Appointment authority for reserve grades of lieutenant
colonel and commander.
Sec. 1333. Appointment of former commissioned officers in reserve
components.
Sec. 1334. Constructive credit for appointment of officers in reserve
components with qualifying education or
experience.
Sec. 1335. Computation of years of service for transfer of Army
officers to Retired Reserve.
Sec. 1336. Repeal of miscellaneous obsolete appointment authorities.
Part II--Retirement and Separation
Sec. 1341. Computation of highest grade in which satisfactorily served
for reserve commissioned officers and
former officers.
Part III--Other Amendments
Sec. 1351. Tenure in office of Chief of National Guard Bureau.
Sec. 1352. Right to reenlist in Regular Army or Regular Air Force after
service as an officer.
Subtitle C--Reorganization and Consolidation of Laws Relating to
Reserve Components
Sec. 1361. Laws relating to organization and administration of reserve
components.
Sec. 1362. Laws relating to reserve component personnel policy.
Sec. 1363. Laws relating to reserve component training and educational
assistance programs.
Sec. 1364. Laws relating to reserve component procurement and
equipment.
Sec. 1365. Legislative construction.
Subtitle D--Technical and Clerical Amendments
Sec. 1371. Amendments to subtitle A of title 10, United States Code.
Sec. 1372. Amendments to subtitle B of title 10, United States Code.
Sec. 1373. Amendments to subtitle C of title 10, United States Code.
Sec. 1374. Amendments to subtitle D of title 10, United States Code.
Sec. 1375. Amendments to subtitle E of title 10, United States Code.
Sec. 1376. Amendments to titles 32 and 37, United States Code.
Sec. 1377. Amendments to other laws.
Subtitle E--Transition Provisions
Sec. 1381. Continuation on the reserve active-status list of certain
reserve colonels of the Army and Air Force.
Sec. 1382. Effects of selection for promotion and failure of selection
for Army and Air Force officers.
Sec. 1383. Effects of selection for promotion and failure of selection
for Navy and Marine Corps officers.
Sec. 1384. Delays in promotions and removals from promotion list.
Sec. 1385. Minimum service qualifications for promotion.
Sec. 1386. Establishment of reserve active-status list.
Sec. 1387. Preservation of relative seniority under the initial
establishment of the reserve active-status
list.
Sec. 1388. Grade on transfer to the Retired Reserve.
Sec. 1389. Rights for officers with over three years service.
Sec. 1390. Mandatory separation for age for certain reserve officers of
the Navy and Marine Corps.
Subtitle F--Effective Dates and General Savings Provisions
Sec. 1391. Effective dates.
Sec. 1392. Preservation of suspended status of laws suspended as of
effective date.
Sec. 1393. Preservation of preexisting rights, duties, penalties, and
proceedings.
TITLE XIV--BOSNIA AND HERZEGOVINA SELF-DEFENSE
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Termination of arms embargo.
Sec. 1404. Provision of United States military assistance.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authorization of military construction project at Fort
Bragg, North Carolina, for which funds have
been appropriated.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Restoration of authority to carry out military construction
project at Naval Supply Center, Pensacola,
Florida.
Sec. 2206. Design activities for upgrade of Mayport Naval Station,
Florida.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Revision of family housing project at Tyndall Air Force
Base, Florida.
Sec. 2306. Authorization of military construction projects at Tyndall
Air Force Base, Florida, for which funds
have been appropriated.
Sec. 2307. Modification of Air Force Plant No. 3.
Sec. 2308. Repeal of limitation on order of retirement of Minuteman II
missiles.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvement to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Community impact assistance with regard to Naval Weapons
Station, Charleston, South Carolina.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Prohibition on using funds for unauthorized Guard and
Reserve projects.
Sec. 2603. Authorization of projects for which funds have been
appropriated.
Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1991
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Strengthening monetary limitation on renovation of
facilities.
Sec. 2802. Navy housing investment agreements.
Sec. 2803. Navy Housing Investment Board.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Prohibition against consideration in base closure process of
advance economic planning undertaken by
communities adjacent to military
installations.
Sec. 2812. Repayment of State and local costs incurred in connection
with establishment of certain military
installations selected for closure.
Sec. 2813. Limitation on sources of funds available to implement base
closures and realignments.
Sec. 2814. Prohibition on transfer of certain property located at
military installations to be closed pending
completion of redevelopment plans.
Sec. 2815. Report of effect of base closures on future mobilization
options.
Sec. 2816. Restoration of annual leave for civilian employees in
connection with certain base realignments.
Sec. 2817. Government rental of facilities located on closed military
installations.
Subtitle C--Changes to Existing Land Conveyance Authority
Sec. 2821. Additional lessee of property at Naval Supply Center,
Oakland, California.
Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military
Reservation, Virginia.
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, New York, as
nature preserve.
Sec. 2824. Release of reversionary interest retained as part of
conveyance of electricity distribution
system, Fort Dix, New Jersey.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City
(Westover), New York.
Sec. 2833. Land conveyance, Radar Bomb Scoring Site, Dickinson, North
Dakota.
Sec. 2834. Land conveyance, Army Reserve Facility, Rio Vista,
California.
Sec. 2835. Land conveyance, Naval Weapons Industrial Reserve Plant,
Calverton, New York.
Sec. 2836. Lease of property, Naval Radio Receiving Facility, Imperial
Beach, Coronado, California.
Sec. 2837. Release of requirements and reversionary interest on certain
property in Baltimore, Maryland.
Sec. 2838. Release of reversionary interest on certain property in York
County, James City County, and Newport
News, Virginia.
Sec. 2839. Transfer of jurisdiction, Air Force housing at radar site,
Holbrook, Arizona.
Sec. 2840. Land conveyance, Fort Dix, New Jersey.
Sec. 2841. Land conveyance, naval shipyard, Vallejo, California.
Subtitle E--Other Matters
Sec. 2851. Authority for Oxnard Harbor District, Port Hueneme,
California, to use certain navy property.
Sec. 2852. Environmental education and training program for defense
personnel.
Sec. 2853. Repeal of restriction on land transactions relating to
Presidio of San Francisco, California.
Sec. 2854. Report on use of military installations in Okinawa.
Sec. 2855. Modification of height restriction in avigation easement.
Sec. 2856. Continued operation of military medical treatment facility
at K. I. Sawyer Air Force Base, Michigan.
Sec. 2857. Technical amendment to correct reference in land
transaction.
Sec. 2858. Additional exception to prohibition on storage and disposal
of nondefense toxic and hazardous materials
at military installations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement of conceptual design for request of construction
funds.
Sec. 3127. Authority for emergency planning, design, and construction
activities.
Sec. 3128. Funds available for all national security programs of the
Department of Energy.
Sec. 3129. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Worker protection at nuclear weapons facilities.
Sec. 3136. Worker health and protection.
Sec. 3137. Limitation on use of program direction funds.
Sec. 3138. Limitation on use of funds for new construction projects.
Sec. 3139. Limitation on use of funds for special access programs.
Sec. 3140. Prohibition on prefinancing.
Sec. 3141. International Center for Applied Research.
Sec. 3142. Limitation on study or relocation of tritium-related
activities and operations.
Subtitle D--Other Matters
Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the
Nevada Test Site, Nevada.
Sec. 3154. Report on waste streams generated by nuclear weapons
production cycle.
Sec. 3155. Release of certain restricted data.
Sec. 3156. Designation of Marilyn Lloyd Scholarship and Fellowship
Program.
Sec. 3157. Report on economic redevelopment and conversion activities
resulting from reconfiguration of
Department of Energy nuclear weapons
complex.
Sec. 3158. Prohibition on disclosure of certain information on exposure
to radiation released from Hanford Nuclear
Reservation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Conditions on authority to dispose of certain strategic and
critical materials.
Sec. 3302. Rejection of change in stockpiling principles.
Sec. 3303. Limitations on the disposal of chromite and manganese ores.
Sec. 3304. Conditional prohibition on proposed disposal of zinc from
National Defense Stockpile.
Sec. 3305. Special program for conversion of low carbon ferro chromium
to high purity electrolytic chromium metal.
TITLE XXXIV--CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act.
TITLE XXXV--NAVAL PETROLEUM RESERVES
Sec. 3501. Authorization of appropriations.
Sec. 3502. Price requirement on sale of certain petroleum during fiscal
year 1995.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means the Committees on Armed Services and the Committees
on Appropriations of the Senate and House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1995
for procurement for the Army as follows:
(1) For aircraft, $1,301,452,000.
(2) For missiles, $685,136,000.
(3) For weapons and tracked combat vehicles, $942,886,000.
(4) For ammunition, $854,883,000.
(5) For other procurement, $2,651,233,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1995 for procurement for the Navy as follows:
(1) For aircraft, $4,588,007,000.
(2) For weapons, including missiles and torpedoes,
$2,223,246,000.
(3) For shipbuilding and conversion, $6,869,897,000.
(4) For other procurement, $3,241,611,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1995 for procurement for the Marine Corps in the amount
of $528,352,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1995
for procurement for the Air Force as follows:
(1) For aircraft, $6,101,767,000.
(2) For weapons including missiles, $3,953,232,000.
(3) For other procurement, $6,855,423,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1995
for defense-wide procurement in the amount of $2,066,694,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1995
for procurement for the Inspector General of the Department of Defense
in the amount of $1,000,000.
SEC. 106. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1995
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $262,000,000.
(2) For the Air National Guard, $176,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $183,000,000.
(5) For the Air Force Reserve, $68,900,000.
(6) For the Marine Corps Reserve, $47,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) Authorization.--There is hereby authorized to be appropriated
for fiscal year 1995 the amount of $670,349,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare material of the
United States that is not covered by section 1412 of such Act.
(b) Allocation.--Of the funds specified in subsection (a)--
(1) $365,084,000 is for operations and maintenance;
(2) $284,465,000 is for procurement; and
(3) $20,800,000 is for research and development efforts in
support of the nonstockpile chemical weapons program.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
Sections 132 and 133 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189) are repealed.
Subtitle C--Navy Programs
SEC. 121. TERMINATION OF NAVY F-14A/B UPGRADE PROGRAM.
(a) Termination.--The Secretary of Defense shall terminate the F-
14A/B aircraft upgrade program.
(b) Limitation on Funds.--None of the funds appropriated or
otherwise made available to the Department of Defense for procurement
for fiscal year 1995 or a later fiscal year may be obligated for the F-
14A/B aircraft upgrade program.
SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYSTEMS FOR TRIDENT II
MISSILES.
No funds authorized to be appropriated for fiscal year 1995 for
Mark 6 guidance systems for Trident II (D-5) missiles may be obligated
until the Secretary of Defense certifies to the congressional defense
committees that, based upon a review by the Secretary of the readiness,
testing, spares, and logistics requirements for the guidance system,
the inventory objective of 562 units of the guidance system is required
to support the inventory objective for Trident II (D-5) missiles.
SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.
(a) Limitation.--The Secretary of the Navy may not modify any
Trident I submarine to enable that submarine to be deployed with
Trident II (D-5) missiles.
(b) Waiver Authority.--If the Secretary of Defense determines that
adherence to the prohibition in subsection (a) would result in a
significant national security risk to the United States, the Secretary
may waive that prohibition. Such a waiver may not take effect until the
Secretary submits to Congress a certification of that determination and
of the reasons for that determination.
SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT PROGRAM.
Section 1424(b) of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 7291 note) is amended--
(1) by inserting ``or converted'' after ``constructed''
each place it appears; and
(2) by inserting ``or conversion'' after ``construction''
each place it appears.
SEC. 125. LIMITATION ON COST OF SEAWOLF SUBMARINE PROGRAM.
No more than $4,673,371,000 nay be obligated or expended for
procurement of the SSN-21 and SSN-22 Seawolf submarines.
SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VESSELS.
(a) Limitation.--The Secretary of the Navy may not obligate funds
for any of the vessels designated as TAGS-63, TAGS-64, or TAGS-65
unless the Secretary certifies to the congressional defense committees
that the multibeam sonars to be used on those vessels (whether new or
remanufactured) have been obtained through the use of competitive
acquisition procedures.
(b) National Security Waiver.--The Secretary of the Navy may waive
the limitation in subsection (a) for reasons of national security. Such
a waiver may not take effect until the Secretary submits to the
Committees on Armed Services of the Senate and House of Representatives
a report giving notice of the waiver and an explanation of the national
security reasons for the waiver.
SEC. 127. ADVANCED CAPABILITY (ADCAP) MODIFICATION PROGRAM FOR THE MK-
48 TORPEDO.
Within the amount provided in section 102(a)(2) for procurement of
weapons, including missiles and torpedoes, for the Navy--
(1) the amount provided for the Advanced Capability (ADCAP)
modification program for the MK-48 torpedo is hereby increased
by $52,300,000; and
(2) the amount provided for the Fleet Satellite
Communications program is hereby reduced by $52,300,000.
Subtitle D--Air Force Programs
SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.
(a) Authorization.--Of the amount provided in section 103 for
procurement of aircraft for the Air Force--
(1) $103,000,000 shall be available for Non-Developmental
Alternative Aircraft procurement; and
(2) $2,303,402,000 shall be available for the C-17 aircraft
program, of which--
(A) $2,249,819,000 is for procurement of six C-17
aircraft;
(B) $47,475,000 is for advance procurement of up to
eight C-17 aircraft for fiscal year 1996; and
(C) $6,108,000 is for C-17 modifications.
(b) Requirement for Competition.--The Secretary of Defense shall
use competitive procedures in selecting a source for the aircraft to be
procured as Non-Developmental Alternative Aircraft under subsection
(a).
(c) Notice to Congress.--Funds described in subsection (a) may not
be obligated for procurement under subsection (a) until 60 days after
the date which the Secretary of Defense submits to the congressional
defense committees a report describing the Secretary's plan for the
obligation of those funds.
(d) Preservation of Intertheater Airlift Capacity.--In acquiring
aircraft under subsection (a), the Secretary of Defense shall structure
the acquisition of those aircraft so as to preserve the aggregate
intertheater airlift capacity of the Air Force (measured in millions of
ton-miles per day) as of the date of the enactment of this Act.
SEC. 132. B-2 BOMBER PROGRAM COST LIMITATION.
In determining the expenditures to be applied against the total
program cost limitation of $28,968,000,000 (in fiscal year 1981
constant dollars) specified by law for the B-2 bomber program,
expenditures by the Department of Defense associated with preserving
the industrial facilities used to produce that aircraft shall be
included in that total program cost.
SEC. 133. BOMBER FORCE UPGRADE PROGRAM.
(a) Heavy Bomber Force Upgrade Fund.--From funds authorized by
section 104 for defense-wide procurement activities, $100,000,000 shall
be for a heavy bomber force upgrade fund. The Secretary of Defense may
obligate amounts in the fund for--
(1) long-range heavy bombers that would otherwise become
attrition reserve aircraft;
(2) accelerating conventional mission upgrades for the B-1
bomber; or
(3) a combination of expenditures under paragraphs (1) and
(2).
(b) Notice to Congress.--Funds described in subsection (a) may not
be obligated until 30 days after the date on which the Secretary of
Defense submits to the congressional defense committees notice of the
Secretary's proposed expenditures from that fund for the purposes
specified in subsection (a).
SEC. 134. EVALUATION OF RESTART OF C-5B AIRCRAFT PROCUREMENT.
(a) Evaluation.--The Secretary of the Air Force shall conduct an
evaluation of the costs of restarting production of C-5B aircraft for
the strategic airlift mission. The evaluation shall include startup
costs and production costs for a production run of from 30 to 70 units.
(b) Report.--The Secretary shall submit to the congressional
defense committees a report on the evaluation under subsection (a). The
report may be submitted as part of any other required report to those
committees relating to intertheater airlift.
Subtitle E--Defense-Wide Activities
SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.
(a) Risk Mitigation Fund.--From funds authorized by section 104 for
defense-wide procurement, $300,000,000 shall be for a satellite early-
warning assurance fund. The Secretary of Defense may obligate amounts
in the fund for--
(1) continued procurement of Defense Support Program (DSP)
satellite number 24;
(2) accelerated development of the Alert, Locate, and
Report Missiles (ALARM) satellite program leading to launch of
the first satellite under that program no later than the first
quarter of 2002;
(3) development of the Brilliant Eyes satellite sensor
system;
(4) acquisition of up to three additional interim theater
missile sensors; or
(5) a combination of expenditures under paragraphs (1),
(2), (3), and (4).
(b) Notice to Congress.--Funds described in subsection (a) may not
be obligated until after the date on which the Secretary of Defense
submits to the congressional defense committees notice of the
Secretary's proposed expenditures from that fund for the purposes
specified in subsection (a).
Subtitle F--National Defense Sealift Fund
SEC. 161. PROHIBITION OF TRANSFER OF FISCAL YEAR 1994 FUNDS TO CVN-76
CONSTRUCTION.
None of the fiscal year 1994 unauthorized sealift appropriation (as
defined in section 164) may be transferred (pursuant to the provisions
of an Act making appropriations for a fiscal year after fiscal year
1994 or to authority provided under such an Act) to funds appropriated
for fiscal year 1994 or a later fiscal year for Shipbuilding and
Conversion, Navy, to be available for CVN-76 construction.
SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT FUND PROGRAM.
(a) Use of Fiscal Year 1994 Unauthorized Sealift Appropriation.--
From the fiscal year 1994 unauthorized sealift appropriation (as
defined in section 164), the amount of $608,600,000 shall, to the
extent provided in appropriations Acts making appropriations for a
fiscal year after fiscal year 1994, be available for fiscal year 1995
programs to be carried out through the National Defense Sealift Fund,
of which--
(1) $546,400,000 is for the execution of new ship
construction contract options for construction of two
prepositioning surge ships;
(2) $43,000,000 is for procurement and installation of
national defense sealift features on privately owned, United
States documented commercial roll-on/roll-off vessels that are
constructed after the date of the enactment of this Act by a
shipyard located in the United States; and
(3) $19,200,000 is for research and development of
strategic sealift technology.
(b) Denial of Authorization of Appropriations for Fiscal Year
1995.--No funds are authorized to be appropriated to the National
Defense Sealift Fund for fiscal year 1995.
SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III ACCOUNT.
From the fiscal year 1994 unauthorized sealift appropriation (as
defined in section 164), the amount of $591,400,000 shall, to the
extent provided in appropriations Acts, be transferred to, and
deposited in, the account ``Base Realignment and Closure Account, Part
III'', to be available for the same purposes, and subject to the same
limitations, as other funds in that account.
SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT APPROPRIATION DEFINED.
For purposes of this subtitle, the term ``fiscal year 1994
unauthorized sealift appropriation'' means $1,200,000,000 of the amount
appropriated for fiscal year 1994 to the National Defense Sealift Fund
(in title V of the Department of Defense Appropriations Act, 1994
(Public Law 103-139; 107 Stat. 1435)).
SEC. 165. OPERATION OF SEALIFT VESSELS FOR WHICH ASSISTANCE IS PROVIDED
THROUGH NATIONAL DEFENSE SEALIFT FUND.
Section 2218(f) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) A vessel that is constructed, altered, converted,
purchased, operated, maintained, leased, or chartered with funds in the
National Defense Sealift Fund pursuant to subsection (c)(1)--
``(i) may not be operated or maintained directly by the
Department of Defense or Department of Transportation; and
``(ii) may not be crewed by employees of the United States.
``(B) Operation and maintenance of any such vessel with funds in
the National Defense Sealift Fund (including retention of the vessel in
reduced operating status) shall be conducted using private operating
companies employing only merchant mariners on board such vessel who are
United States citizens. To the extent possible, preference in employing
such mariners shall be given to otherwise qualified former or retired
military personnel who are released from active duty as a result of the
downsizing of the armed forces.
``(C) Subparagraphs (A) and (B) do not apply during time of war or
national emergency declared by the President or the Congress if the
Secretary of Defense certifies that no qualified private contractor or
private sector merchant mariners are available to operate the vessel.
``(D) Nothing in this paragraph shall be construed to--
``(i) require the separation by reduction in force of any
employee of the United States who, on the date of the enactment
of this paragraph, is employed as a crewmember on a vessel
described in subparagraph (A); or
``(ii) restrict the ability to embark military detachments
to operate special equipment.''.
Subtitle G--Other Matters
SEC. 171. TRANSFER OF USNS MAURY.
(a) In General.--The Secretary of the Navy shall transfer the USNS
Maury (TAGS-39) to the Department of Transportation for assignment as a
training ship to the California Maritime Academy at Vallejo,
California. The transfer shall be made on the date of the
decommissioning of that vessel.
(b) Terms and Conditions.--(1) In carrying out subsection (a), the
Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of
the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States.
(2) The Secretary may require such additional terms and conditions
in connection with the transfer authorized by this section as the
Secretary considers appropriate.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1995
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1)For the Army $5,425,303,000.
(2)For the Navy, $8,913,963,000.
(3)For the Air Force, $12,318,766,000.
(4)ForDefense-wideactivities,$9,325,708,000, of which--
(A) $254,995,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $12,501,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1995.--Of the amounts authorized to be appropriated
by section 201, $4,288,064,000 shall be available for basic research
and exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--For
purposes of this section, the term ``basic research and exploratory
development'' means work funded in program elements for defense
research and development under Department of Defense category 6.1 or
6.2.
SEC. 203. TACONITE PROCESSING TECHNOLOGY.
Of the amount provided in section 201 for the Navy, the sum of
$500,000 shall be available for the purpose of initiating and carrying
out a manufacturing technology program for taconite processing
technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Policy.--(1) It is in the Nation's long-term national security
and economic interests to regain preeminence in the area of space
launch technology and operations.
(2) Access to space at affordable costs is fundamental to
maintaining required command, control, communications, intelligence,
navigation, weather, and early warning support to United States and
coalition forces.
(3) Encouragement of privately financed, cost effective expendable
and reusable launch vehicles is in the economic interest of the
Department of Defense and the United States Government.
(b) Required Actions.--The Secretary of Defense shall take the
following actions in pursuance of the space launch modernization policy
set forth in subsection (a):
(1) Begin and complete a program to replace or consolidate
the current fleet of medium and heavy expendable launch
vehicles with new or upgraded expendable launch vehicles or
with a combination of expendable and reusable launch vehicles.
The Secretary shall initiate flight tests of new or upgraded
expendable launch vehicles and of reusable launch vehicles not
later than 1998 to achieve an initial launch capability for
selected replacement vehicles not later than July 1, 2002. The
program shall include a fly-before-buy acquisition strategy
with both advanced concept technology demonstrations of
expendable launch vehicles and advanced technology
demonstrations of reusable launch vehicles.
(2) For purposes of paragraph (1), initiate a competitive
Advanced Concept Technology Demonstration program to achieve a
cost reduction over current medium and heavy expendable launch
vehicles of at least 15 percent in flyaway cost per pound (in
fiscal year 1994 dollars) and at least 25 percent reduction in
launch operations costs per launch (in fiscal year 1994
dollars).
(3) Encourage and evaluate innovative acquisition,
technical, and financing (including best commercial practices)
solutions for providing affordable, operable, reliable, and
responsive access to space.
(4) Centralize oversight of launch requirements of the
Department of Defense and other users to preclude inflated
requirements from escalating current and future launch costs.
(5) Encourage and provide incentives for the use of
commercial practices in the acquisition, operation, and support
of Department of Defense space operations.
(6) Establish effective suitable coordination among
military, civilian, and commercial launch developers and users.
(c) Allocation of Funds.--Of the amount authorized to be
appropriated in section 201(3), $200,000,000 shall be available for
research, development, test, and evaluation of non-man-rated space
launch systems and technologies. Of that amount--
(1) $100,000,000 shall be available only for a competitive
reusable rocket technology demonstration program, including--
(A) use of at least 90 percent of such amount for
development and flight testing of one or more
technology demonstration vehicles, and
(B) further development of reusable rocket
technologies; and
(2) $100,000,000 shall be available only for an Advanced
Concept Technology Demonstration program for expendable launch
vehicles, including--
(A) competitive development and flight testing of
advanced concept technology demonstration vehicles, and
(B) further development of enhanced technologies
related to expendable launch vehicles, including
Russian rocket propulsion technology.
(d) Limitations.--(1) Not more than 2 percent of the funds made
available by subsection (c) may be used for direct and indirect
Department of Defense-related program office, contractor support, and
management overhead costs.
(2) Program office staff may not exceed 10 individuals, including
contractor support.
(3) None of the funds authorized in this section may be released or
otherwise transferred for execution or obligation to any Government
department, agency, or organization outside the Department of Defense.
SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY DEMONSTRATION.
(a) In General.--(1) Of the amounts authorized to be appropriated
pursuant to section 201, up to $2,000,000 of the amount for the Navy
and up to $2,000,000 of the amount for the Air Force shall be used for
the conduct of a demonstration of nondevelopmental technology that
would enable the use of a single adaptor kit for munitions described in
paragraph (2) in order to give those munitions a standoff and near-
precision guided capability. Such amounts shall be obligated not later
than nine months after the date of the enactment of this Act.
(2) Paragraph (1) applies to guided and unguided in-inventory
munitions of the class of 1,000 pounds and below.
(b) Report.--The Secretary of the Defense shall submit to the
congressional defense committees a report setting forth in detail the
results and costs of the demonstration and the applicability of the
technology demonstrated in providing the Armed Forces with an
inexpensive solution to providing both range extension and near-
precision guided capability to in-inventory munitions.
SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED ADVANCED
CHEMICAL LASER AGAINST AN OBJECT IN SPACE.
The Secretary of Defense may not carry out a test of the Mid-
Infrared Advanced Chemical Laser (MIRACL) transmitter and associated
optics against an object in space during fiscal year 1995 unless such
testing is specifically authorized by law.
SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COMBAT SYSTEMS TESTING
REQUIREMENTS.
(a) Covered Systems.--Subsection (a) of section 220 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1589) is amended--
(1) by inserting ``ACAT I level integrated or stand-alone''
before ``electronic combat system''; and
(2) by inserting ``ACAT I level integrated or stand-alone''
before ``command, control, and communications countermeasure
system''.
(b) Applicability.--Subsection (e) of section 220 of such Act is
amended to read as follows:
``(e) Applicability.--The provisions of subsections (a) and (b)
shall apply to an ACAT I level integrated or stand-alone electronic
combat system and to an ACAT I level integrated or stand-alone command,
control, and communications countermeasure system regardless of whether
development of the electronic combat system or the command, control,
and communications countermeasure system, as the case may be, began
before, on, or after the date of the enactment of this Act.''.
SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.
(a) Subject to subsection (b), the Secretary of the Navy shall, not
later than September 30, 1994, obligate funds appropriated to the
Department of Defense for fiscal year 1994 and prior years to carry out
logistics support, maintenance, and integration of existing Advanced
Self Protection Jammer systems from the Navy inventory into the F-14D
aircraft for testing and evaluation. The Secretary may acquire
sufficient racks, spares, and logistic support, including hardware and
software, necessary to maintain the existing ASPJ systems in the Navy
inventory.
(b) The Secretary of the Navy may obligate funds under subsection
(a) only to the extent provided in appropriations Acts.
(c) The Secretary of the Navy shall carry out subsection (a)
notwithstanding section 122 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2334).
SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.
(a) Purpose.--The purpose of the Advanced Lithography Program
(hereinafter in this section referred to as the ``ALP'') is to fund
goal-oriented research and development to be conducted in both the
public and private sectors to help achieve a competitive position for
American lithography tool manufacturers in the international market
place.
(b) Conduct of Program.--(1) The program shall be conducted in
accordance with research and development plans (including an interim
plan) developed by the Semiconductor Technology Council, established in
section 273 of the National Defense Authorization Act for Fiscal Years
1988 and 1989 (15 U.S.C. 4603) (as amended by section 263 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1608)).
(2) The interim plan referred to in paragraph (1) shall be the
Semiconductor Industry Association (SIA) 1994 development plan for
lithography.
(c) Program Management.--The Advanced Research Projects Agency
(ARPA) shall be the executive agent for the ALP and shall ensure
seamless program planning of the ALP into the full range of ARPA core
electronics development programs.
(d) Funding.--Of the funds authorized to be appropriated in section
201, $100,000,000 shall be available for the advanced lithography
program. Of that amount--
(1) $75,000,000 shall be available to conduct research and
development activities in accordance with subsection (b); and
(2) $25,000,000 shall be available to procure advanced
American-manufactured lithography tools for evaluation at
Government-owned or Government-sponsored research facilities
engaged in advanced lithography.
(e) Requirements.--Not later than January 1, 1995--
(1) the President shall appoint to the Semiconductor
Technology Council, referred to in subsection (a), the members
listed in section 273(c) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603);
(2) the Under Secretary of Defense for Acquisition and
Technology, in his capacity as Cochairman of the Council, shall
call a meeting of the Council for the purpose of developing a
national strategy for lithography;
(3) the Council shall issue a Department of Defense
instruction for the operation of the Council; and
(4) the Council shall develop and submit to the Secretary
of Defense a plan for achieving the national strategy for
lithography.
(f) Restriction.--After January 1, 1995, no funds may be obligated
by the Department of Defense for the High Performance Computing Program
(PE 602301E), Sematech (PE 603745E), or Warbreaker (PE 603226E; Project
EE40) unless the events listed in subsection (e) have occurred.
SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Authority.--A Federally Funded Research and Development Center
(FFRDC) of the Department of Defense that functions primarily as a
research laboratory may respond to solicitations and announcements
under programs authorized by the Federal Government for the purpose of
promoting the development and transfer of dual-use technology to the
United States industrial sector if such FFRDC meets the following
conditions:
(1) The FFRDC is a collaborating member of a United States
industry-led team.
(2) The nature of such collaboration is that of a
precompetitive research and technology development effort.
(b) Use of Cooperative Agreements.--An FFRDC described in
subsection (a) that responds to a solicitation or announcement
described in such subsection shall not be considered to be engaging in
a competitive procedure and may use a cooperative research and
development agreement (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)) or other
cooperative agreement as the instrument of participation in the
solicitation or announcement.
SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
(a) In General.--(1) The Secretary, through the Director of Defense
Research and Engineering, shall operate a Defense Experimental Program
to Stimulate Competitive Research (hereinafter in this section referred
to as ``DEPSCoR'') as part of the university research programs of the
Department of Defense.
(2) The objectives of DEPSCoR shall be--
(A) to enhance the competitiveness within the peer-review
system of investigators from academic institutions in eligible
States; and
(B) to increase the probability of long-term growth of
competitive funding to investigators at institutions from
eligible States.
(3) In order to carry out the objectives stated in paragraph (2),
DEPSCoR shall provide for activities which may include competitive
research awards, research infrastructure support, and graduate
traineeships.
(4) DEPSCoR shall assist those States that--
(A) historically have received relatively little Federal
research and development funding; and
(B) have demonstrated a commitment to develop their
research bases and improve science and engineering research and
education programs at their universities and colleges.
(b) Definition.--The term ``eligible States'' means States that
have been designated by the Director of the National Science Foundation
as eligible to participate in the Experimental Program to Stimulate
Competitive Research.
(c) Coordination.--The Secretary shall consult with the Director of
the National Science Foundation and the Director of the Office of
Science and Technology Policy in the planning, development, and
execution of DEPSCoR and shall coordinate the Department's program with
similar programs sponsored by other Federal agencies. All solicitations
shall be made to, and all awards shall be made through, the State
committees established by the National Science Foundation for the
purpose of administering the Experimental Program to Stimulate
Competitive Research. The State committees shall ensure that the
DEPSCoR program is coordinated with other Federal Experimental Program
to Stimulate Competitive Research initiatives in their respective
States.
SEC. 219. DIGITAL BATTLEFIELD PROGRAM.
(a) Establishment of Program.--The Secretary of the Army shall
establish a Digital Battlefield program to provide enhancements
required to field components for a digitalized battlefield by 1996.
These enhancements shall include electronics, second-generation
forward-looking infrared technology, and communications for major
platforms and development of applique packages for platforms without
embedded digital systems.
(b) Funding.--Of the amounts authorized to be appropriated pursuant
to section 201, $50,000,000 shall be available for fiscal year 1995 for
the digital battlefield program (PE 203758A).
(c) Program Limitation.--None of the funds appropriated pursuant to
section 201 for the digital battlefield program (PE 203758A) for the
Army for fiscal year 1995 may be obligated for research and development
activities for development or integration of such program until the
Secretary of the Army--
(1) establishes, and programs funds for, a research and
development program to enhance the processing and memory
capability of the electronic systems on the Abrams tank to make
the M1/M1A2 Abrams tank compatible and interoperable with the
digital battlefield, when placed into service;
(2) restructures the M1 Abrams tank upgrade program to
incorporate the enhancements produced by the research and
development program established under paragraph (1);
(3) transmits to the congressional defense committees a
report providing notice of the restructured M1A2 program under
paragraph (2) and a description of the program;
(4) coordinates with the Secretary of the Navy to include
the Marine Corps in the Army's plans for the digital
battlefield; and
(5) transmits to the congressional defense committees a
report describing--
(A) the Army's plan of actions and milestones for
defining the overall system architecture for the
digital battlefield, the standards and protocols for
the digital battlefield, and resulting requirements;
(B) how those requirements affect or will affect
the major platforms that will make up the digital
battlefield; and
(C) the manner in which coordination with the
Secretary of the Navy under paragraph (4) is being
carried out.
SEC. 220. MOBILE OFF-SHORE BASE AND LANDING SHIP QUAY CAUSEWAY PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The concepts of the sea-going Mobile Off-Shore Base and
the related Landing Ship Quay Causeway could result in
significant improvements in the capability for the Armed Forces
to respond to crises in those areas where land bases are not
available for use by those forces.
(2) The potential development and acquisition costs of the
Mobile Off-Shore Base and the Landing Ship Quay Causeway are
such that any program for development of the Mobile Off-Shore
Base or the Landing Ship Quay Causeway should be designated as
a major defense acquisition program.
(b) Limitation.--No funds are authorized for fiscal year 1995 for
research and development for a Mobile Off-Shore Base or a Landing Ship
Quay Causeway program. The Secretary of Defense may not develop or
acquire a Mobile Off-Shore Base or a Landing Ship Quay Causeway until
both of the following occur:
(1) The military requirement for a Mobile Off-Shore Base
and a Landing Ship Quay Causeway, as reflected in operational
requirements documents, is approved by the Joint Requirements
Oversight Council.
(2) The Secretary of Defense certifies to the congressional
defense committees that--
(A) there is a validated requirement for the Mobile
Off-Shore Base or the Landing Ship Quay Causeway; and
(B) the acquisition plan and program to fulfill the
requirement are established and are funded to the end
of the current future-years defense program submitted
pursuant to section 221 of title 10, United States
Code.
SEC. 221. ARROW/ACES PROGRAM.
Of the amount provided in section 201 for Defense-wide activities,
$52,400,000 is available for the Arrow/ACES program.
SEC. 222. ARMY HELICOPTER ENGINE UPGRADE PROGRAM.
The amount authorized in section 201 for the Army is hereby reduced
by $4,500,000, to be derived from the amount provided for development
of an electronic fuel control to upgrade the hydromechanical unit for
the T53-series helicopter engine.
SEC. 223. RESEARCH AND DEVELOPMENT FOR STRATEGIC METALS.
(a) Research and Development.--The Secretary of Defense, in
consultation with the Secretary of Commerce, shall give consideration
to acceleration of research and development projects for strategic
metals and alloys to support the objectives of section 2501(c) of title
10, United States Code. In carrying out the preceding sentence, the
Secretary of Defense shall begin by conducting a project for the
acceleration of research in aluminum beryllium alloys to meet military
and commercial standards for emerging applications.
(b) Funding.--Of the amounts authorized in section 201(4) for
materials and electronic technology carried out by the Advanced
Research Projects Agency, $2,000,000 is authorized for the project for
acceleration of research in aluminum beryllium alloys described in
subsection (a).
Subtitle C--Missile Defense Programs
SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION BUDGET PRESENTATION.
In the budget of the President for any fiscal year, amounts
requested for the Ballistic Missile Defense Organization shall be set
forth showing the amounts requested for each individual program,
project, and activity of that organization as well as the total amount
requested for the organization.
SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.
(a) Naval Theater Missile Defense.--Of the amount provided for the
Ballistic Missile Defense Organization under section 201 for Theater
Missile Defense, not less than $40,000,000 shall be available to
support the aggressive exploration of the Navy Upper Tier Program for
Naval Theater Missile Defense.
(b) Accelerated Advanced Concept Technology Demonstration
Program.--The Secretary of Defense, acting through the Director of the
Ballistic Missile Defense Organization, shall initiate during fiscal
year 1995 an accelerated Advanced Concept Technology Demonstration
Program to demonstrate the technical feasibility of using the Navy's
Block IV Standard Missile combined with a kick stage rocket motor and
the lightweight Exoatmospheric Projectile (LEAP) as a near-term option
for cost-effective wide-area Theater Missile Defense.
(c) Theater Missile Defense Program Priorities.--(1) The Secretary
of Defense, acting through the Director of the Ballistic Missile
Defense Organization, shall establish as the first priority of the
Theater Missile Defense Program the deployment of--
(A) a layered land-based Theater Missile Defense capability
consisting of the Patriot Advanced Capability (PAC-3) system
and the Theater High-Altitude Area Defense (THAAD) system; and
(B) a layered sea-based Theater Missile Defense capability
consisting of the Navy Lower Tier theater missile defense
program and the Navy Upper Tier theater missile defense
program.
(2) Each program referred to in paragraph (1) shall be treated by
the Department of Defense as a major acquisition program for funding
purposes for fiscal years 1995 through 1999, as prescribed in the
October 1993 report of the Secretary of Defense entitled ``Report on
the Bottom Up Review'' and in Defense Planning Guidance.
SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION ACTIVITIES.
(a) In General.--Of the amount provided in section 201 for Defense-
wide Activities, $210,000,000 is for theater missile defense risk
reduction activities of the Ballistic Missile Defense Organization.
None of such amount may be obligated for a program specified in
subsection (b) until 30 days after the date on which the Secretary of
Defense submits to the congressional defense committees notice of the
Secretary's plans to obligate funds for such program.
(b) Programs.--The programs referred to in subsection (a) are the
following:
(1) The Extended-Range Interceptor (ERINT) program.
(2) The Multi-Mode Missile.
(3) Sea-based lower tier systems.
(4) Sea-based upper tier systems.
SEC. 234. MILITARY SATELLITE COMMUNICATIONS.
(a) MILSTAR Limitation.--Of the amount authorized in section 201
for the MILSTAR satellite communications program, $50,000,000 may not
be obligated until a report setting forth the plan described in
subsection (b) has been received by the congressional defense
committees.
(b) Military Communications Master Plan.--The Secretary of Defense
shall develop a military communications master plan that addresses--
(1) the projected military communications requirements of
the Department of Defense;
(2) alternate and innovative ways of meeting those
requirements (including greater reliance on the commercial
sector); and
(3) methods to ensure that those elements of the Department
of Defense that create the demand for such communications
services are required to have an important role in paying for
the provision of those services.
SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.
(a) Limitation.--The Secretary of Defense may not conduct a flight
test program of theater missile defense interceptors and sensors if an
anticipated result of the launch of a missile under that test program
would be release of debris in a land area of the United States outside
a designated Department of Defense test range.
(b) Definition of Debris.--For purposes of subsection (a), the term
``debris'' does not include particulate matter that is regulated for
considerations of air quality.
(c) Certain Testing Unaffected.--Nothing in this section shall be
construed as prohibiting or limiting testing of cruise missiles,
unmanned aerial vehicles (UAVs), or precision-guided munitions.
SEC. 236. COMPLIANCE WITH THE ABM TREATY.
(a) Limitation.--Funds appropriated to the Department of Defense
for fiscal year 1995, or otherwise made available to the Department of
Defense from any funds appropriated for fiscal year 1995 or for any
fiscal year before 1995, may not be obligated or expended--
(1) for any development or testing of anti-ballistic
missile systems or components except for development and
testing consistent with the interpretation of the ABM Treaty
set forth in the enclosure to the July 13, 1993, ACDA letter;
or
(2) for the acquisition of any material or equipment
(including long lead materials, components, piece parts, or
test equipment, or any modified space launch vehicle) required
or to be used for the development or testing of anti-ballistic
missile systems or components, except for material or equipment
required for development or testing consistent with the
interpretation of the ABM Treaty set forth in the enclosure to
the July 13, 1993, ACDA letter.
(b) Definitions.--In this section:
(1) The term ``July 13, 1993, ACDA letter'' means the
letter dated July 13, 1993, from the Acting Director of the
Arms Control and Disarmament Agency to the chairman of the
Committee on Foreign Relations of the Senate relating to the
correct interpretation of the ABM Treaty and accompanied by an
enclosure setting forth such interpretation.
(2) The term ``ABM Treaty'' means the Treaty between the
United States of America and the Union of Soviet Socialist
Republics on the Limitation of Anti-Ballistic Missiles, signed
in Moscow on May 26, 1972.
Subtitle D--Women's Health Research
SEC. 241. DEFENSE WOMEN'S HEALTH RESEARCH PROGRAM.
(a) Continuation of the Program.--The Secretary of Defense shall
continue the Defense Women's Health Research Program (hereinafter in
this section referred to as the ``Program'') established in fiscal year
1994 pursuant to the authority in section 251 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1606). The Program shall continue under an Army executive agency or
agent and shall serve as the coordinating agent for multidisciplinary
and multi-institutional research within the Department of Defense on
women's health issues related to service in the Armed Forces. The
Program also shall coordinate with research supported by the Department
of Health and Human Services and other agencies that is aimed at
improving the health of women.
(b) Implementation Plan.--If the Secretary of Defense intends to
change the plan for the implementation of the Program previously
submitted to the Committees on Armed Services of the Senate and House
of Representatives, the amended plan shall be submitted to such
committees before implementation.
(c) Program Activities.--The Program shall support health research
into matters relating to the service of women in the military,
including the following matters:
(1) Epidemiologic research, including health care needs of
deployed women, patterns of illness and injury, environmental
and occupational hazards, side-effects of pharmaceuticals and
biologicals, and psychological stress associated with military
training, deployment, traumatic incidents, and other military
life conditions.
(2) Data base development designed to facilitate long-term
research studies of women's health issues, and continued
development and support of a military women's health
information clearinghouse to serve as an information resource
for clinical, research, and policy issues affecting women in
the Armed Forces.
(3) Policies and standards issues, including research
supporting development of military standards related to
training, operations, deployment, and retention and their
relationship to factors affecting women's health.
(4) Research emphasizing interventions that have a
potential for affecting health issues associated with women's
military service.
(d) Funding.--Of the amount authorized to be appropriated pursuant
to section 201, $40,000,000 shall be available for the Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1995
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance in amounts as follows:
(1) For the Army, $17,362,741,000.
(2) For the Navy, $20,110,196,000.
(3) For the Marine Corps, $1,997,095,000.
(4) For the Air Force, $18,733,458,000.
(5) For Defense-wide activities, $9,513,523,000.
(6) For the Army Reserve, $1,255,057,000.
(7) For the Naval Reserve, $827,819,000.
(8) For the Marine Corps Reserve, $81,462,000.
(9) For the Air Force Reserve, $1,481,332,000.
(10) For the Army National Guard, $2,448,615,000.
(11) For the Air National Guard, $2,780,178,000.
(12) For the National Board for the Promotion of Rifle
Practice, $2,544,000.
(13) For the Defense Inspector General, $147,172,000.
(14) For the Court of Military Appeals, $6,152,000.
(15) For Environmental Restoration, Defense,
$2,180,200,000.
(16) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $714,200,000.
(17) For Medical Programs, Defense, $9,613,331,000.
(18) For the National Contingency Operation Non-DBOF Costs
Fund, $300,000,000.
(19) For Department of Defense World War II 50th
Anniversary Program, $500,000.
(20) For Project Peace, $15,000,000.
(21) For Former Soviet Union Threat Reduction,
$400,000,000.
(22) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $60,000,000.
SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.
Funds are hereby authorized to be appropriated for fiscal year 1995
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for the Defense Business Operations Fund in
the amount of $1,212,038,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1995
from the Armed Forces Retirement Home Trust Fund the sum of $59,317,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR WORK.
(a) Increased Funding for Department of Defense Depot-Level
Activities.--Of amounts authorized to be appropriated for fiscal year
1995 under section 301, the amount that shall be available for the
performance of depot-level maintenance and repair work by depot-level
activities of the Department of Defense is the amount equal to the sum
of--
(1) the total amount requested in the President's budget
for that fiscal year for the Department of Defense for the
performance of depot-level maintenance and repair work; and
(2) $600,000,000, of which--
(A) $300,000,000 shall be available for the Army;
(B) $100,000,000 shall be available for the Navy;
(C) $150,000,000 shall be available for the Air
Force; and
(D) $50,000,000 shall be available for the Marine
Corps.
(b) Decreased Funding for Contractors.--Of amounts appropriated for
fiscal year 1995 pursuant to section 301, the amount that shall be
available for the performance of depot-level maintenance and repair
work by non-Federal Government personnel is not more than the amount
equal to 40 percent of the total amount requested in the President's
budget for that fiscal year for the Department of Defense for the
performance of depot-level maintenance and repair work.
SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.
(a) Authority To Provide Support.--The Secretary of Defense may
provide logistical support and personnel services in connection with
the 1996 games of the XXVI Olympiad to be held in Atlanta, Georgia.
(b) Pay and Nontravel-Related Allowances.--(1) Except as provided
in paragraph (2), the costs for pay and nontravel-related allowances of
members of the Armed Forces for the support and services referred to in
subsection (a) may not be charged to appropriations made pursuant to
the authorization of appropriations in subsection (c).
(2) Paragraph (1) does not apply in the case of members of a
reserve component called or ordered to active duty to provide
logistical support and personnel services for the games of the XXVI
Olympiad.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $4,000,000 for the Department of Defense for fiscal year
1995 to carry out subsection (a).
SEC. 306. FUNDS FOR CLEARING LANDMINES.
Of the funds authorized to be appropriated in section 301, not more
than $25,000,000 shall be available for activities to support the
clearing of landmines for humanitarian purposes, as determined by the
Secretary of Defense.
SEC. 307. SUPPORT FOR THE 1995 SPECIAL OLYMPICS WORLD GAMES.
(a) Authority To Provide Support.--The Secretary of Defense may
provide logistical support and personnel services in connection with
the 1995 Special Olympics World Games to be held in the State of
Connecticut.
(b) Pay and Nontravel-Related Allowances.--(1) Except as
provided in paragraph (2), the costs for pay and nontravel-related
allowances of members of the Armed Forces for the support and services
referred to in subsection (a) may not be charged to appropriations made
pursuant to the authorization in subsection (c).
(2) Paragraph (1) does not apply in the case of members of a
reserve component called or ordered to active duty to provide
logistical support and personnel services for the 1995 Special Olympics
World Games.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Defense for fiscal year 1995 the sum
of $2,000,000 to carry out subsection (a).
Subtitle B--Limitations
SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF CERTAIN OPERATION AND
MAINTENANCE FUNDS.
(a) Limitation on Transfer.--Section 116 of title 10, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following:
``(b) Reports on Transfers of Certain Funds.--(1) Each report
required by subsection (a) shall include a report on the following:
``(A) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for the activities referred to
in paragraph (3) between appropriations during the preceding
fiscal year, including the reason for the transfer.
``(B) Each transfer of amounts provided in an appropriation
Act to the Department of Defense for an activity referred to in
paragraph (3) within that appropriation for any other such
activity during the preceding fiscal year, including the reason
for the transfer.
``(2) On May 1 of each year, the Secretary of Defense shall submit
to the Congress a report on the following:
``(A) Each transfer during the first six months of the
fiscal year in which the report is submitted of amounts
provided in an appropriation Act to the Department of Defense
for the activities referred to in paragraph (3) between
appropriations, including the reason for the transfer.
``(B) Each transfer during the first six months of the
fiscal year in which the report is submitted of amounts
provided in an appropriation Act to the Department of Defense
for an activity referred to in paragraph (3) within that
appropriation for any other such activity, including the reason
for the transfer.
``(3) The activities referred to in paragraphs (1) and (2) are the
following:
``(A) Activities for which amounts are appropriated for the
Army for operations and maintenance for operating forces for
(i) combat units, (ii) tactical support, and (iii) force-
related training/special activities.
``(B) Activities for which amounts are appropriated for the
Navy for operations and maintenance for operating forces for
(i) mission and other flight operations, (ii) mission and other
ship operations, (iii) fleet air training, and (iv) ship
operational support and training.
``(C) Activities for which amounts are appropriated for the
Air Force for operations and maintenance for operating forces
for (i) primary combat forces, (ii) primary combat weapons,
(iii) global and early warning, and (iv) air operations
training.
``(c) Limitation.--The Secretary of Defense may not transfer an
amount that exceeds $20,000,000 of amounts provided in an appropriation
Act to the Department of Defense for the activities referred to in
subsection (b)(3) between appropriations or within that appropriation
for any other such activity until--
``(1) the Congress is notified of the transfer; and
``(2) a period of 30 days elapses after such notification
is received.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 116. Operations and maintenance activities: congressional
oversight''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 2 of such title is amended to read as follows:
``116. Operations and maintenance activities: congressional
oversight.''.
(c) Conforming Repeal.--Section 377 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1638) is repealed.
SEC. 312. LIMITATION ON RETENTION OF MORALE, WELFARE, AND RECREATION
FUNDS BY MILITARY INSTALLATIONS.
(a) Limitation.--Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2219. Retention of morale, welfare, and recreation funds by
military installations: limitation
``Amounts may not be retained in a nonappropriated morale, welfare,
and recreation account of a military installation of a military
department in excess of the amount necessary to meet working capital
requirements of that installation. Amounts in excess of that amount
shall be transferred to a single, department-wide nonappropriated
morale, welfare, and recreation account of the military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2219. Retention of morale, welfare, and recreation funds by military
installations: limitation.''.
SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR OPERATION OF
ARMED FORCES RECREATION CENTER, EUROPE.
No funds appropriated to the Department of Defense for any fiscal
year may be used to operate the Armed Forces Recreation Center, Europe,
except that such funds may be used for the payment of utilities,
emergency repairs, and transportation of United States products for the
Center.
SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR PROCUREMENT OF
SUBSISTENCE ITEMS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2332. Subsistence items: limitation on use of specifications and
restrictions in procurement of
``(a) Limitation.--Except as provided in subsection (b), the
Secretary of Defense may not use specifications or restrictions in the
procurement of subsistence items for use at military installations.
``(b) Exception.--The Secretary of Defense may use specifications
and restrictions in the procurement of field rations and shipboard
rations (including tray packs and meals ready-to-eat), except that any
such specifications and restrictions shall be developed consistent with
the preference of the Department of Defense for commercial items.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2332. Subsistence items: limitation on use of specifications and
restrictions in procurement of.''.
Subtitle C--Depot-Level Activities
SEC. 321. FINDINGS.
The Congress finds the following:
(1) By providing the Armed Forces with a critical capacity
to respond to the needs of the Armed Forces for depot-level
maintenance and repair of weapon systems and equipment, the
depot-level maintenance and repair activities of the Department
of Defense play an essential role in maintaining the readiness
of the Armed Forces.
(2) The consolidation of entities within the defense
industry has jeopardized the capability of the defense industry
to perform maintenance and repair of weapon systems and
equipment.
(3) The defense industry maintains not less than 60 percent
of the total capability to perform maintenance and repair of
weapon systems and equipment.
(4) The capability of the depot-level maintenance and
repair activities of the Department of Defense to perform
maintenance and repair of weapon systems and equipment should
not be determined by policies established by the defense
industry.
(5) Reductions in the number of civilian employees of the
depot-level maintenance and repair activities of the Department
of Defense may account for approximately 80 percent of all
reductions in the coming years in the number of civilian
employees of the Department.
(6) An increase from one fiscal year to the next in the
amount of funds available for the maintenance and repair of
weapon systems and equipment does not necessarily result in a
corresponding increase in the performance of such maintenance
and repair.
SEC. 322. MODIFICATION OF LIMITATION ON PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE.
(a) Modification.--Subsection (a) of section 2466 of title 10,
United States Code, is amended to read as follows:
``(a) Percentage Limitation.--Not more than 40 percent of the funds
made available in a fiscal year to a military department or a Defense
Agency for depot-level maintenance and repair workload may be used to
contract for the performance by non-Federal Government personnel of
such workload for the military department or the Defense Agency. Any
such funds that are not used for such a contract shall be used for the
performance of depot-level maintenance and repair workload by employees
of the Department of Defense.''.
(b) Inclusion of Repair Activities.--Subsection (b) of such section
is amended by inserting ``and repair'' after ``maintenance'' each place
it appears.
(c) Computation of Percentage.--Such section is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Computation of Percentage.--In computing for purposes of
subsection (a) the percentage of funds referred to in that subsection
that are used to contract for the performance of depot-level
maintenance and repair workload, the Secretary of the military
department, or in the case of a Defense Agency, the Secretary of
Defense shall include in the computation any funds provided for the
performance by such personnel of the following:
``(1) Interim contractor support.
``(2) Contract logistic support.
``(3) Maintenance and repair workload above the unit level.
``(4) The provision of materials and parts.''.
(d) Report.--Subsection (f) of such section, as redesignated by
subsection (c)(1), is amended to read as follows:
``(f) Report.--Not later than January 15, 1995, the Secretary of
Defense shall submit to the Congress a report describing the progress
during the preceding fiscal year by each military department and
Defense Agency to achieve and maintain the percentage of depot-level
maintenance and repair required to be performed by employees of the
Department of Defense pursuant to subsection (a).''.
SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE OF
MATERIEL FOR NEW WEAPON SYSTEMS.
(a) Limitation.--Subsection (a) of section 2466 of title 10, United
States Code, as amended by section 322 of this Act, is amended--
(1) by inserting ``(1)'' before ``Not more than 40
percent''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned shall, within 5 years after the
initial delivery of a weapon system by a contractor to the Department
of Defense, provide for the performance by employees of the Department
of Defense of not less than 60 percent of the depot-level maintenance
of the weapon system.''.
(b) Effective Date.--The amendments made by this section shall
apply only with respect to a weapon system initially delivered after
the date of the enactment of this Act.
SEC. 324. AUDITS TO MONITOR COST GROWTH OF CONTRACTS TO PERFORM DEPOT-
LEVEL MAINTENANCE AND REPAIR.
(a) Requirement.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2470. Audits of cost growth in contracts to perform depot-level
maintenance and repair
``The Secretary of Defense shall audit contracts entered into by
the Department of Defense for the performance of depot-level
maintenance and repair to monitor the costs incurred by the contractor
to perform the contract. An audit of a contract under this section
shall be performed at least once during the period in which the
contract is performed and shall take account of any costs incurred by
the contract in excess of the amount proposed by the contractor to
perform the contract or in excess of costs incurred by the contractor
during the previous year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2470. Audits of cost growth in contracts to perform depot-level
maintenance and repair.''.
SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPARTMENT OF DEFENSE
DEPOTS IN CERTAIN COST COMPARISONS.
Section 2467 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Requirement To Consider Costs of Closing Depots.--In any
comparison conducted by the Department of Defense of the cost of
performing depot-level maintenance and repair work by non-Federal
Government personnel and the cost of performing such work by employees
of the Department of Defense, the Secretary of Defense shall, to the
maximum extent practicable, consider the estimated cost (including the
cost to perform any necessary environmental restoration of the
facility) that would be incurred if the Department of Defense were
required to close a Department of Defense defense depot-level facility
as a result of awarding the contract to non-Federal Government
personnel to perform such work.''.
SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF THE DEPARTMENT OF
DEFENSE TO COMPETE FOR MAINTENANCE AND REPAIR WORKLOADS
OF OTHER FEDERAL AGENCIES.
(a) In General.--Chapter 146 of title 10, United States Code, as
amended by section 324 of this Act, is further amended by adding at the
end the following new section:
``Sec. 2471. Depot-level activities of the Department of Defense:
authority to compete for maintenance and repair workloads
of other Federal agencies
``A depot-level activity of the Department of Defense shall be
eligible to compete for the performance of any depot-level maintenance
and repair workload of a Federal agency for which competitive
procedures are used to select the entity to perform the workload.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2471. Depot-level activities of the Department of Defense: authority
to compete for maintenance and repair
workloads of other Federal agencies.''.
SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES OUTSIDE OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 146 of title 10, United States Code, as
amended by section 326 of this Act, is further amended by adding at the
end the following new section:
``Sec. 2472. Persons outside the Department of Defense: lease of excess
depot-level equipment and facilities by
``(a) Authority To Lease Excess Equipment and Facilities.--Subject
to subsection (b), the Secretary of a military department and, with
respect to a Defense Agency, the Secretary of Defense, may lease excess
equipment and facilities of a depot-level activity of the military
department, or the Defense Agency, to a person outside the Department
of Defense for the performance of depot-level maintenance and repair
work by such person.
``(b) Limitations.--A lease under subsection (a) may be entered
into only if--
``(1) the lease of any such equipment or facilities will
not have a significant adverse effect on the readiness of the
armed forces, as determined by the Secretary concerned;
``(2) the person leasing such equipment or facilities
agrees to reimburse the Department of Defense for the costs
(both direct and indirect costs, including any rental costs, as
determined the Secretary concerned) attributable to the lease
of such equipment or facilities;
``(3) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States, except
in cases of willful conduct or extreme negligence, from any
claim for damages or injury to any person or property arising
out the lease of such equipment or facilities; and
``(4) the person leasing such equipment or facilities
agrees to hold harmless and indemnify the United States from
any liability or claim for damages or injury to any person or
property arising out of a decision by the Secretary concerned
to suspend or terminate the lease in times of war or national
emergency.
``(c) Credit to General Fund.--Any reimbursement received under
this section shall be credited to the General Fund of the Treasury.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2472. Persons outside the Department of Defense: lease of excess
depot-level equipment and facilities by.''.
SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FACILITIES, ACTIVITIES,
AND EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall maintain sufficient depot-level
activities and facilities of the Department of Defense and a sufficient
number of employees of the Department that are assigned to the
performance of depot-level maintenance and repair to carry out this
subtitle and the amendments made by this subtitle. The Secretary of
Defense should seek to ensure that the military departments maintain
depot-level maintenance and repair capabilities necessary to ensure
their critical readiness requirements.
SEC. 329. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL ACTIVITIES.
(a) Pilot Program Authorized.--During fiscal year 1995, the
Secretary of Defense shall carry out a pilot program to encourage
commercial firms to enter into partnerships with depot-level activities
of the military departments for the purpose of--
(1) demonstrating commercial uses of such depot-level
activities that are related to the principal mission of such
depot-level activities;
(2) preserving employment and skills of employees currently
employed by such depot-level activities or providing for the
reemployment and retraining of employees who, as the result of
the closure, realignment, or reduced in-house workload of such
activities, may become unemployed; and
(3) supporting the goals of other defense conversion,
reinvestment, and transition assistance programs while also
allowing such depot-level activities to remain in operation to
continue to perform their defense readiness mission.
(b) Participants in Pilot Program.--The Secretary shall designate
not less than six depot-level activities of the military departments to
participate in the pilot program under this section. Of these depot-
level activities, at least two shall be depot-level activities of the
Department of the Army, at least two shall be depot-level activities of
the Department of the Navy, and at least two shall be depot-level
activities of Department of the Air Force.
(c) Conditions on Pilot Program.--In carrying out the pilot program
under this section, the Secretary shall ensure that the program--
(1) does not interfere with the closure or realignment of a
depot-level activity of the military departments under a base
closure law; and
(2) does not adversely affect the readiness or primary
mission of a participating depot-level activity.
(d) Funding for Fiscal Year 1995.--Of the amounts authorized to be
appropriated under section 301, $100,000,000 shall be available only to
carry out the pilot program under this section.
Subtitle D--Defense Business Operations Fund
SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Extension of Authority.--Section 316(a) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2208 note)
is amended by striking out ``During the period'' and all that follows
through ``December 31, 1994, the'' and inserting in lieu thereof
``The''.
(b) Limitation on Transfers.--Except as otherwise provided in this
Act, the Secretary of Defense may not transfer amounts to or from the
Defense Business Operations Fund from or to any other account or source
until after the expiration of 30 days from the date on which the
Secretary transmits to the Congress a notification of the Secretary's
intent to make the transfer.
(c) Prohibition on Advance Charges.--(1) After September 30, 1995,
the Secretary of Defense may not charge for goods and services provided
through the Defense Business Operations Fund in advance of the
provision of such goods and services.
(2) The payment of amounts to the Defense Business Operations Fund
from another fund or activity of the Department of the Defense may be
made only for goods or services actually provided by the Defense
Business Operations Fund.
(d) Purchase From Other Sources.--The Secretary of Defense or the
Secretary of a military department may purchase goods and services that
are available for purchase from the Defense Business Operations Fund
from a source other than the Defense Business Operations Fund if the
Secretary determines that such source offers a more competitive rate
for the goods and services than the Defense Business Operations Fund
offers.
(e) Annual Reports and Budget.--(1) The Secretary of Defense shall
annually submit to the Congress, at the same time that the President
submits the budget under section 1105 of title 31, United States Code,
the following:
(A) A detailed report that contains a statement of all
receipts and disbursements of the Defense Business Operations
Fund (including such a statement for each subaccount of the
Fund) for the year for which the report is submitted.
(B) A detailed proposed budget for the operation of the
Defense Business Operations Fund for the fiscal year for which
the budget is submitted.
(2) Not later than September 30 each year, the Secretary of Defense
shall submit to the Congress a report that contains a comparison of the
amounts actually expended for the operation of the Defense Business
Operations Fund for the fiscal year ending on that September 30 with
the amount proposed for the operation of the Defense Business
Operations Fund for that fiscal year in the President's budget.
(f) Limitation on Inclusion of Certain Costs in DBOF Charges.--A
charge for a good or service provided through the Defense Business
Operations Fund may not include amounts necessary to recover losses
incurred by the Defense Business Operations Fund that are unrelated to
the good or service or amounts to cover costs incurred in connection
with the closure or realignment of a military installation.
(g) Limitation on Accumulation of Funds.--(1) The Secretary of
Defense shall establish billing procedures to ensure that the balance
in the Defense Business Operations Fund does not exceed $300,000,000
more than amount necessary to provide for the working capital
requirements of the Defense Business Operations Fund, as determined by
the Secretary.
(2) The Secretary may waive the limitation described in this
subsection if the Secretary determines that such waiver is critical to
the national security of the United States. The Secretary shall
immediately notify the Congress of any such waiver and the reasons for
the waiver.
SEC. 342. REVIEW BY COMPTROLLER GENERAL OF CHARGES IMPOSED BY DEFENSE
BUSINESS OPERATIONS FUND.
(a) Review.--The Comptroller General of the United States shall
review the charges for goods and services provided by the Defense
Business Operations Fund, including a review of--
(1) charges for goods and services provided by the Defense
Business Operations Fund, including a comparison of charges
imposed for the provision of goods and services to the military
departments and Defense Agencies with charges imposed for the
provision of goods and services to persons outside the
Department of Defense;
(2) charges imposed by the Defense Business Operations Fund
for overhead costs and service charges; and
(3) the extent to which charges imposed by the Defense
Business Operations Fund provide an advantage or disadvantage
for the military departments and Defense Agencies or for
persons outside the Department of Defense for whom such goods
and services are provided.
(b) Report.--Not later than April 15, 1995, the Comptroller General
of the United States shall submit to the Congress a report on the
results of the review conducted under subsection (a) and the
recommendations of the Comptroller General for any legislative and
administrative action the Comptroller General considers to be
appropriate.
Subtitle E--Department of Defense Domestic and Overseas Schools
SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DEFENSE DOMESTIC ELEMENTARY
AND SECONDARY SCHOOLS FOR MILITARY DEPENDENTS.
(a) Continued Authority To Provide for Education of Military
Dependents When Local Agencies are Unable to.--Chapter 108 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2164. Department of Defense domestic dependent elementary and
secondary schools
``(a) Authority of Secretary.--If the Secretary of Defense makes a
determination that appropriate educational programs are not available
through a local educational agency for dependents of members of the
armed forces residing on or near a military installation in the United
States (including territories, commonwealths, and possessions of the
United States), the Secretary may provide for the elementary or
secondary education of such dependents.
``(b) Factors To Be Considered.--Factors to be considered by the
Secretary of Defense in making a determination under subsection (a)
shall include the following:
``(1) The extent to which such dependents are eligible for
free public education in the local area adjacent to the
military installation.
``(2) The extent to which the local educational agency is
able to provide an appropriate educational program for such
dependents. For purposes of this section, an appropriate
educational program, as determined by the Secretary, is a
program comparable to a program of free public education
provided for children--
``(A) in similar communities in the State, in the
case of a military installation located in a State;
``(B) in similar communities in adjacent States, in
the case of a military installation adjacent to or
located in more than one State; and
``(C) in the District of Columbia, in the case of a
military installation located in a territory,
commonwealth, or possession, except that an appropriate
educational program under this subparagraph is also a
program of education conducted in the English language.
``(c) Education for Dependents of Federal Employees.--(1) An
individual who is a dependent of a Federal employee residing at any
such military installation at any time during the school year may
enroll in an educational program provided by the Secretary of Defense
pursuant to subsection (a).
``(2)(A) Except as provided in subparagraph (B), an individual who
is a dependent of a Federal employee, who is enrolled in an educational
program provided by the Secretary pursuant to subsection (a), and who
is not living on the military installation may be enrolled in the
program for not more than five consecutive school years.
``(B) An individual referred to in subparagraph (A) may be enrolled
in the program for more than five consecutive school years if the
Secretary determines, after consideration of the individual's
educational well-being, that good cause exists to extend the enrollment
for more than the five-year period described in such subparagraph. Any
such extension may be made for only one school year at a time.
``(C) For purposes of this paragraph, the five-year period
described in subparagraph (A) begins on the date the individual enrolls
in the program pursuant to this section or pursuant to any provision of
law enacted before the date of the enactment of this section that
provided eligibility to the individual for enrollment in a similar
program.
``(3) An individual enrolled in a program under this subsection may
participate in the program for the remainder of the school year
notwithstanding a change in status of the Federal employee with respect
to whom the individual is a dependent, except that any such individual
may be removed from enrollment in the program at any time for good
cause, as determined by the Secretary.
``(d) Establishment of School Boards.--(1) The Secretary of Defense
shall provide for the establishment of a school board for each
Department of Defense elementary or secondary school established for a
military installation under this section.
``(2) Each school board established for a school under paragraph
(1) shall be elected by the parents of individuals attending the
school. Meetings conducted by the school board shall be open to the
public.
``(3)(A) A school board elected for a school under this subsection
may develop fiscal, personnel, and educational policies and procedures
for the school, including fiscal, personnel, and educational program
management, except that the Secretary may issue any directive to the
school board and school administrative officials the Secretary
considers necessary for the effective operation of the school or the
entire school system.
``(B) Any directive referred to in subparagraph (A) shall, to the
maximum extent practicable, be issued only after consultation with
appropriate school boards elected under this subsection. The Secretary
shall establish a process by which a school board or school
administrative officials may formally appeal such directives directly
to the Secretary. Consideration of such appeals may not be delegated
below the Secretary of Defense.
``(e) Staff.--(1) The Secretary of Defense, in coordination with
the school board established for a school under subsection (d), may
enter into such arrangements as may be necessary to provide educational
programs under this section.
``(2) The Secretary may, without regard to the provisions of any
other law relating to the number, classification, or compensation of
employees--
``(A) establish such positions for civilian employees in
schools established under this section;
``(B) appoint individuals to such positions; and
``(C) fix the compensation of such individuals for service
in such positions.
``(3)(A) Except as provided in subparagraph (B), in fixing the
compensation of employees appointed under paragraph (2), the Secretary,
in coordination with the school board established for a school under
subsection (d), shall consider--
``(i) the compensation of comparable employees of the local
educational agency in the capital of the State where the
military installation is located;
``(ii) the compensation of comparable employees in the
local educational agency that provides public education to
students who live adjacent to the military installation; or
``(iii) the average compensation for similar positions in
not more than three other local educational agencies, as
determined by the Secretary and the appropriate local school
boards in the State in which the military installation is
located.
``(B) In fixing the compensation of employees in schools
established in the territories, commonwealths, and possessions under
this section or any other provision of law enacted before the date of
the enactment of this section that provided for similar schools, the
Secretary shall determine the level of compensation required to attract
qualified employees. For employees in such schools, the Secretary, in
coordination with the local school boards and without regard to the
provisions of title 5, may arrange for the tenure, leave, hours of
work, and other incidents of employment on a similar basis as is
provided for comparable positions in the public schools of the District
of Columbia.
``(f) Reimbursement.--When the Secretary of Defense provides
educational services under this section to an individual who is a
dependent of an employee of another Federal agency, the head of the
other Federal agency shall, upon request of the Secretary of Defense,
reimburse the Secretary of Defense for those services at rates
routinely prescribed by the Secretary of Defense for those services.
Any payments received by the Secretary of Defense under this section
shall be credited to the account designated by the Secretary for the
operation of educational programs under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2164. Department of Defense domestic dependent elementary and
secondary schools.''.
(c) Savings Provision.--Nothing in section 2164 of title 10, United
States Code, as added by subsection (a), shall be construed as
affecting the rights in existence on the date of the enactment of this
Act of an employee of any school established under such section (or any
other provision of law enacted before the date of the enactment of this
Act that established a similar school) to negotiate or bargain
collectively with the Secretary with respect to wages, hours, and other
terms and conditions of employment.
SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANSFER OF DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS TO APPROPRIATE LOCAL EDUCATIONAL AGENCIES.
(a) Survey.--(1) The Secretary of Defense shall conduct a survey of
each Department of Defense domestic dependent elementary and secondary
school operated by the Department of Defense to determine the
feasibility of, and actions necessary to be taken to provide for, the
transfer of that school to the appropriate local educational agency.
(2) The Secretary of Defense shall coordinate the conduct of the
survey of each such school with representatives of the local
educational agency referred to in paragraph (1) and of parent
organizations representing parents of students enrolled in the school.
(3) Issues addressed by the survey shall include--
(A) the opinions and attitudes of such parents with respect
to the appropriate entity to operate the school;
(B) the position of the local educational agency and the
appropriate education officials of the State in which the
school is located regarding the extent to which the transfer of
the school to the local educational agency is feasible and
desirable, including the financial and legal justifications for
that position; and
(C) the requirements, as specified by the local educational
agency and the appropriate education officials of the State in
which the school is located, for financial support, military
construction, and any other support provided by the Department
of Defense in order to complete the transfer of the school to
the local educational agency.
(4) Not later than June 30, 1995, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the survey. The report
shall include the recommendations of the Secretary with respect to the
transfer of each such school.
(b) Pilot Program.--(1) The Secretary of Defense shall conduct a
pilot program to assess the potential for the transfer of Department of
Defense domestic dependent elementary and secondary schools to
appropriate local educational agencies.
(2) The Secretary of Defense shall select two schools for
participation in the pilot program based on the results of the survey
conducted by the Secretary under subsection (a). The Secretary shall
provide for the transfer of each such school to the appropriate local
educational agency not later than the date on which the 1995 school
year begins for that school.
(3) Not later than March 31, 1996, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the results of the pilot program. The
report shall include the recommendation of the Secretary with respect
to the extent to which other Department of Defense domestic dependent
elementary and secondary schools should be transferred to appropriate
local educational agencies.
(c) Limitation.--A Department of Defense domestic dependent
elementary or secondary school may not be transferred to a local
educational agency under this section except on terms that are
agreeable to the local educational agency.
SEC. 353. REPORT ON CALCULATION AND RECOVERY OF TUITION COSTS OF
CERTAIN STUDENTS ENROLLED IN SCHOOLS OF THE DEFENSE
DEPENDENTS' EDUCATION SYSTEM.
(a) Report.--Not later than March 31, 1995, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives and the Committee on Education and Labor
of the House of Representatives a report on the calculation and
application of the tuition rate required to be determined under section
1404(b) of the Defense Dependents' Education Act of 1978 (20 U.S.C.
923(b)).
(b) Contents of Report.--The report required by subsection (a)
shall contain the following:
(1) A description of--
(A) the costs included in the tuition rate;
(B) the method by which the tuition rate is
determined; and
(C) the method by which any increase in the tuition
rate is determined.
(2) An analysis of--
(A) the variation in the cost of providing
educational services in the defense dependents'
education system in different geographic locations; and
(B) the extent to which the imposition of a uniform
tuition rate enables the system to receive adequate
funds to defray the cost of providing educational
services to tuition-paying students.
(3) Recommendations of the Secretary with respect to
improvements that may be made in the determination and
application of the tuition rate.
SEC. 354. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT OF DEFENSE DOMESTIC
ELEMENTARY AND SECONDARY SCHOOLS.
(a) Authority.--Section 2605 of title 10, United States Code, is
amended--
(1) by striking out ``the defense dependents' education
system provided for under the Defense Dependents' Education Act
of 1978 (20 U.S.C. 921 et seq.)'' in subsection (a) and
inserting in lieu thereof ``a defense dependents' school''; and
(2) by striking out ``the defense dependent's education
system'' in subsection (b) and inserting in lieu thereof
``defense dependents' schools''.
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(g) In this section, the term `defense dependents' school' means
the following:
``(1) A school established as part of the defense
dependents' education system provided for under the Defense
Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).
``(2) An elementary or secondary school established
pursuant to section 2164 of this title.''.
(c) Clerical Amendment.--(1) The heading of such section is amended
to read as follows:
``Sec. 2605. Acceptance of gifts for defense dependents' schools''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 155 of such title is amended to read as
follows:
``2605. Acceptance of gifts for defense dependents' schools.''.
Subtitle F--Other Matters
SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF ARMED FORCES
RETIREMENT HOME.
(a) In General.--Paragraph (2) of section 1514(c) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 414(c)(2)) is amended to
read as follows:
``(2) The fee shall be fixed as a percentage of the monthly income
and monthly payments (including Federal payments) received by a
resident, subject to such adjustments in the fee as the Retirement Home
Board may make under paragraph (1). The percentage shall be the same
for each establishment of the Retirement Home.''.
(b) Application of Modified Fees to All Residents.--(1) Subsections
(d) and (e) of section 1514 of such Act are repealed.
(2) Such section is further amended by adding after subsection (c)
the following new subsection (d):
``(d) Application of Fees.--Subject to such adjustments in the fee
as the Retirement Home Board may make under subsection (c), each
resident of the Retirement Home shall be required to pay a monthly fee
equal to--
``(1) in the case of a resident who is receiving assisted-
living services at the Retirement Home, 65 percent of all
monthly income and monthly payments (including Federal
payments) received by the resident; and
``(2) in the case of a resident who is not receiving
assisted-living services at the Retirement Home, 40 percent of
all such monthly income and monthly payments.''.
(c) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 362. NATIONAL GUARD YOUTH PROGRAM.
(a) Authority.--Chapter 5 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 508. Assistance to certain youth organizations
``(a) Members or units of the National Guard may provide the
services described in subsection (b) to an organization described in
subsection (c) in conjunction with training required under this chapter
if--
``(1) the provision of such services does not degrade the
quality of the training or otherwise interfere with the ability
of any unit to perform its military functions;
``(2) the services provided are not commercially available
or affected commercial entities have agreed in writing not to
object to the provision of the services;
``(3) members of the National Guard providing the services
perform activities which enhance their skills in their military
specialties; and
``(4) such assistance does not materially increase the cost
of training activities under this chapter.
``(b) Services which may be provided under this section are the
following:
``(1) Ground transportation.
``(2) Limited air transportation, but only in the case of
the Special Olympics.
``(3) Administrative support.
``(4) Technical training.
``(5) Emergency medical assistance.
``(6) Communications.
``(c) The organizations which may be assisted under this section
are the following:
``(1) The Boy Scouts of America.
``(2) The Girl Scouts of America.
``(3) The Boys and Girls Clubs of America.
``(4) The YMCA.
``(5) The YWCA.
``(6) The Civil Air Patrol.
``(7) The Special Olympics.
``(8) Campfire Boys and Girls.
``(9) The 4-H Club.
``(10) The Police Athletic League.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 32, United States Code, is amended by adding at the
end the following item:
``508. Assistance to certain youth organizations.''.
SEC. 363. DEPARTMENT OF DEFENSE FOOD INVENTORY PROGRAM.
(a) Demonstration Project.--The Department of Defense Food
Inventory Demonstration Project (the implementation of which was
requested of the military departments and the Defense Logistics Agency
by the Deputy Under Secretary of Defense, Logistics, in a memorandum
dated August 16, 1993) shall be completed by the Department of Defense
not later than September 30, 1995 and shall be expanded to cover two
geographic areas, as designated by the Secretary of Defense.
(b) Report.--Not later than October 1, 1995, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the implementation of the
demonstration project referred to in subsection (a).
(c) Implementation of Program Throughout United States.--Not later
than October 1, 1996, the Secretary of Defense shall provide for the
expanded use throughout the United States of full-line commercial food
distributors to meet the food requirements of the Department of
Defense.
SEC. 364. DEPARTMENT OF DEFENSE SPECIAL SUPPLEMENTAL FOOD PROGRAM.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1060a. Special supplemental food program
``(a) Authority.--The Secretary of Defense may carry out a program
to provide special supplemental food benefits to members of the armed
forces on duty at stations outside the United States (and its
territories and possessions) and to eligible civilians serving with,
employed by, or accompanying the armed forces outside the United States
(and its territories and possessions).
``(b) Federal Payments and Commodities.--For the purpose of
obtaining Federal payments and commodities in order to carry out the
program referred to in subsection (a), the Secretary of Defense shall
make available, from funds appropriated for such purpose, the same
payments and commodities as are made for the special supplemental food
program in the United States under section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786).
``(c) Program Administration.--(1)(A) The Secretary of Defense
shall administer the program referred to in subsection (a) and, except
as provided in subparagraph (B), shall determine eligibility for
program benefits under the criteria published by the Secretary of
Agriculture under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786).
``(B) The Secretary of Defense shall prescribe regulations
governing computation of income eligibility standards for families of
individuals participating in the program under this section.
``(2) The program benefits provided under the program shall be
similar to benefits provided by State and local agencies in the United
States.
``(d) Departures from Standards.--The Secretary of Defense may
authorize departures from standards prescribed by the Secretary of
Agriculture regarding the supplemental foods to be made available in
the program when local conditions preclude strict compliance or when
such compliance is highly impracticable.
``(e) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Defense for operations and
maintenance for any fiscal year in such amounts as may be necessary for
the administrative expenses of the Department of Defense under this
section.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations to administer the program authorized by this section.
``(g) Definitions.--In this section:
``(1) The term `eligible civilian' means--
``(A) a dependent of a member of the armed forces
residing with the member outside the United States;
``(B) a employee of a military department who is a
national of the United States and is residing outside
the United States in connection with such individual's
employment or a dependent of such individual residing
with the employee outside the United States; or
``(C) an employee of a Department of Defense
contractor who is a national of the United States and
is residing outside the United States in connection
with such individual's employment or a dependent of
such individual residing with the employee outside the
United States.
``(2) The term `national of the United States' means--
``(A) a citizen of the United States; or
``(B) a person who, though not a citizen of the
United States, owes permanent allegiance to the United
States (as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22))).
``(3) The term `dependent' has the meaning given such term
in subparagraphs (A), (D), (E), and (I) of section 1072(2) of
this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of title 10, United States Code, is amended by adding at the
end the following new item:
``1060a. Special supplemental food program.''.
SEC. 365. TRANSPORTATION OF THE REMAINS OF DECEASED RETIRED MEMBERS WHO
DIE OUTSIDE OF THE UNITED STATES.
(a) Authority.--Section 1481 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking out ``the remains of--'' and
inserting in lieu thereof ``the remains of the
following:'';
(B) by amending the first word in each paragraph by
capitalizing the first letter of that first word;
(C) by striking out ``and'' after the semicolon in
paragraph (7);
(D) by striking out the semicolon at the end of
each paragraph and inserting in lieu thereof a period;
and
(E) by inserting after paragraph (8) the following
new paragraph:
``(9) To the extent authorized under section 1482(g) of
this title, any retired member of an armed force or a dependent
of such a member who dies while outside the United States.'';
and
(2) by adding at the end the following new subsection:
``(c) In this section, the term `dependent' has the meaning given
such term in section 1072(2) of this title.''.
(b) Expenses Incident to Death.--Section 1482 of such title is
amended by adding at the end the following new subsection:
``(g) The payment of expenses incident to the recovery, care, and
disposition of a decedent covered by section 1481(a)(9) of this title
is limited to the payment of expenses described in paragraphs (1)
through (5) of subsection (a) and air transportation of the remains
from a location outside the United States to a point of entry in the
United States. Such air transportation may be provided without
reimbursement on a space-available basis in military or military-
chartered aircraft. The Secretary concerned shall pay all other
expenses authorized to be paid under this subsection only on a
reimbursable basis. Amounts reimbursed to the Secretary concerned under
this subsection shall be credited to appropriations available, at the
time of reimbursement, for the payment of such expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the remains of, and incidental expenses incident
to the recovery, care, and disposition of, an individual who dies after
the date of the enactment of this Act.
SEC. 366. AUTHORITY TO TRANSPORT THE REMAINS OF CERTAIN DECEASED
VETERANS ON DEPARTMENT OF DEFENSE AEROMEDICAL EVACUATION
AIRCRAFT.
(a) Transportation Authorized.--Subsection (a) of section 2641 of
title 10, United States Code, is amended by inserting before the period
the following: ``or of transporting the remains of a deceased veteran
who died at the facility after being transported to the facility under
this subsection. Transportation of the remains of a deceased veteran
under this subsection may be provided to the place from which the
veteran was transported to the facility or to any other destination
which is not farther away from the facility than such place''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b)--
(A) by inserting ``or for the remains of a
veteran'' after ``furnished to a veteran'';
(B) in paragraph (1), by inserting ``or of the
remains of such veteran'' after ``of such veteran'';
and
(C) in paragraph (2), by inserting ``or the remains
of the veteran'' after ``for the veteran'';
(2) in subsection (d)(1)--
(A) by inserting ``or on the survivors of a
veteran'' after ``on a veteran''; and
(B) by inserting ``or for the remains of the
veteran'' after ``to the veteran''; and
(3) in subsection (d)(2), by inserting ``or for the remains
of veterans'' after ``to veterans''.
(c) Cross Reference Amendment.--Subsection (c) of such section is
amended by striking out ``5011(g)(5)'' and inserting in lieu thereof
``8111(g)(5)''.
SEC. 367. MODIFICATION OF AIR FORCE SUPPORT FOR THE CIVIL AIR PATROL.
(a) Provision of Funds.--Subsection (b) of section 9441 of title
10, United States Code, is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (12), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) provide funds for the national headquarters of the
Civil Air Patrol, including the provision (in advance of
payment) of funds for the payment of staff compensation and
benefits, administrative expenses, travel, per diem and
allowances, rent and utilities, and other operational
expenses;''.
(b) Liaisons.--Such section is further amended by adding at the end
the following new subsection:
``(d)(1) The Secretary of the Air Force may authorize the Civil Air
Patrol to employ, as administrators and liaison officers, retired
members of the Air Force whose qualifications are approved under
regulations prescribed by the Secretary and who request such
employment.
``(2) A retired member employed pursuant to paragraph (1) may
receive the member's retired pay and an additional amount that is not
more than the difference between the member's retired pay and the pay
and allowances the member would be entitled to receive if ordered to
active duty in the grade in which the member retired. The additional
amount shall be paid to the Civil Air Patrol by the Secretary from
funds generally available to the Air Force for civil air assistance.
``(3) A retired member employed pursuant to paragraph (1) shall
not, while so employed, be considered to be on active duty or inactive-
duty training for any purpose.''.
SEC. 368. REVIEW AND REPORT ON USE OF OPERATIONS AND MAINTENANCE FUNDS
BY THE DEPARTMENT OF DEFENSE.
(a) Review.--The Secretary of Defense shall conduct a review of
each operations and maintenance account of the Department of Defense to
determine the extent to which funds appropriated to the Department for
operations and maintenance accounts are used for an activity for which
funds have been appropriated to, or are more appropriately made
available from, accounts of the Department for procurement, research,
development, test, and evaluation, or military construction.
(b) Report.--Not later than March 31, 1995, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report that contains the result of the
review conducted by the Secretary under subsection (a) and a report on
the extent to which funds appropriated to the Department of Defense for
operations and maintenance accounts are being used for an activity for
which funds have been appropriated to, or are more appropriately made
available from, accounts of the Department for procurement, research,
development, test, and evaluation, or military construction.
SEC. 369. REQUIREMENT OF COMPARATIVE REPORT ON OPERATIONS AND
MAINTENANCE FUNDING.
(a) Requirement.--Subsection (a) of section 116 of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) The Secretary shall include in each such report a comparison
of the level of funding for operations and maintenance for the next
fiscal year with the level of operations and maintenance funding for
each previous fiscal year beginning with fiscal year 1975, using
constant dollars and the same standard of comparison for each such
fiscal year.''.
(b) Development of Comparative Method.--Not later than February 1,
1995, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
development by the Secretary of a method to make the comparison
required under paragraph (3) of section 116(a) of title 10, United
States Code, as added by subsection (a).
SEC. 370. AUTOMATED DATA PROCESSING PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) Limitation.--Of amounts authorized to be appropriated under
section 301, not more than $2,575,000,000 shall be available for new
development and modernization of automated data processing programs of
the Department of Defense. The Secretary of Defense may not obligate or
expend amounts in excess of $2,000,000,000 for any such new development
or modernization until the Secretary--
(1) makes a determination that any such new development or
modernization is based on--
(A) a sound functional economic analysis;
(B) objectives of the defense information
infrastructure;
(C) migratory assessment guidance provided by the
Defense Information Systems Agency; and
(D) Department of Defense directives on life cycle
management; and
(2) establishes performance measures and management
controls to oversee and manage the accelerated implementation
of migration systems, data standards, and process improvement.
(b) Reports.--(1) Not later than December 15, 1994, the Secretary
of Defense shall submit to the Congress a report on the establishment
by the Secretary of performance measures and management controls to
ensure, to the maximum extent practicable, the best possible return on
investment for any funds used by the Secretary for new development and
modernization of automated data processing programs of the Department
of Defense.
(2) Not later than March 15 and December 15 of each year, the
Secretary of Defense shall submit to the Congress a report on the
progress made by the Secretary in improving the defense information
infrastructure, realizing a reduction in the overall support
infrastructure of the Department of Defense, selecting and converting
to migration systems, establishing data standards, and improving the
functional business process for the automated data processing programs
of the Department. The report shall include information (by functional
area) on--
(A) the migration systems selected for the programs;
(B) the systems that will be migrated or eliminated;
(C) the total cost of migration, including conversion and
interface costs;
(D) the number of corporate data elements that have been
standardized; and
(E) the improvements that have been made to any such
process, including the savings that have been achieved by such
improvements.
(c) Review by the Comptroller General.--Not later than March 1,
1995, the Comptroller General of the United States shall submit to the
Congress a report that contains an evaluation of the performance
measures and management controls established by the Secretary of
Defense to manage and oversee the implementation of migration systems,
data standards, and process improvements for the automated data
processing programs of the Department of Defense.
SEC. 371. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST GROWTH IN CERTAIN
CONTRACTS.
(a) In General.--(1) Chapter 146 of title 10, United States Code,
as amended by section 327, is further amended by adding at the end the
following new section:
``Sec. 2473. Cost growth in commercial contracts: review by Inspector
General
``(a) Review.--Each fiscal year, the Inspector General of the
Department of Defense shall conduct a review of not less than 20
percent of existing contracts for the performance of commercial
activities which resulted from a cost comparison study conducted by the
Department of Defense under Office of Management and Budget Circular A-
76 (or any other successor administrative regulation or policy) to
determine the extent to which the costs incurred by a contractor under
any such contract has exceeded the cost of the contract at the time the
contract was entered into.
``(b) Report.--Each year, not later than 30 days after the day on
which the President submits to the Congress the budget for a fiscal
year under section 1105 of title 31, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report containing the results of the most recently
conducted review under subsection (a).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2473. Cost growth in commercial contracts: review by Inspector
General.''.
(b) Use of Funds.--Of amounts authorized to be appropriated
pursuant to section 301(12) for the Inspector General of the Department
of Defense, $10,000,000 shall be available to conduct a review under
subsection (a) for fiscal year 1995.
SEC. 372. COST COMPARISON STUDIES FOR CONTRACTS FOR ADVISORY AND
ASSISTANCE SERVICES.
(a) In General.--(1) Chapter 141 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2410l. Contracts for advisory and assistance services: cost
comparison studies
``(a) Requirement.--Before the Secretary of Defense enters into a
contract for the performance of advisory and assistance services, the
Secretary of Defense shall conduct a comparison study of the cost of
performing the services by Department of Defense personnel and the cost
of performing the services by contractor personnel.
``(b) Waiver.--The Secretary of Defense may, pursuant to guidelines
established by the Secretary, waive the requirement under subsection
(a) to perform a cost comparison study based on factors that are not
related to cost.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2410l. Contracts for advisory and assistance services: cost
comparison studies.''.
(b) Procedures for Conduct of Studies.--The Secretary of Defense
shall establish the following procedures:
(1) Procedures to carry out a cost comparison study under
section 2410l of title 10, United States Code, as added by
subsection (a). Such procedures may contain a requirement that
the cost comparison study include consideration of factors that
are not related to cost, including the quality of the service
required to be performed, the availability of Department of
Defense personnel, the duration and recurring nature of the
services to be performed, and the consistency of the workload.
(2) Procedures to review contracts entered into after a
waiver under subsection (b) of such section to determine
whether the contract is justified and sufficiently documented.
(c) Effective Date.--Section 2410l of title 10, United States Code,
as added by subsection (a), shall take effect six months after the date
of the enactment of this Act.
SEC. 373. REQUIREMENT AND PLAN FOR CONVERTING PERFORMANCE OF CERTAIN
POSITIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE
EMPLOYEES.
(a) Conversion to Performance by Employees.--In each of fiscal
years 1995, 1996, and 1997, the Secretary of Defense shall change the
performance of not less than 10,000 positions that, as of September 30,
1994, were designated to be performed by members of the Armed Forces on
active duty to performance by employees of the Department of Defense.
(b) Plan.--Not later than March 31, 1995, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a plan for the implementation of subsection
(a).
SEC. 374. USE OF SERVICE CONTRACT FUNDS FOR SEPARATION INCENTIVE
PROGRAMS FOR DEPARTMENT OF DEFENSE EMPLOYEES.
During fiscal year 1995, any separation pay paid to an employee of
the Department of Defense pursuant to section 5597 of title 5, United
States Code, or any other separation incentive program shall be paid
from funds appropriated to the Department of Defense for operation and
maintenance for the purpose of entering into service contracts.
SEC. 375. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM.
(a) Authority.--The Secretary of Defense may establish a pilot
program for employees (as defined in subsection (g)) at military
installations scheduled for closure or realignment under which
retraining and relocation incentives may be paid to encourage non-
Federal employers to hire or retain such employees.
(b) Retraining Incentive.--(1) As part of the pilot program, the
Secretary may enter into an agreement with a non-Federal employer under
which the non-Federal employer agrees to hire an employee for a
mutually agreeable salary for a minimum twelve-month period and to
certify to the Secretary the employer's cost to train the employee.
(2) The Secretary shall pay a retraining incentive to the non-
Federal employer upon the employee's completion of employment for the
twelve-month period referred to in paragraph (1). The Secretary shall
prorate the amount of the retraining incentive paid to the non-Federal
employer for an employee who does not complete such employment for that
twelve-month period.
(c) Relocation Incentive.--An employee employed by a non-Federal
employer under the pilot program shall be eligible to receive from the
Secretary a relocation incentive for such period of employment equal to
the travel, transportation, and subsistence expenses that would be
authorized to be paid to the employee under chapter 57 of title 5,
United States Code (including the reimbursement payment authorized
under section 5724b of such title) if the employee were traveling on
official business away from the employee's designated post of duty or
away from the employee's home or regular place of business during such
period.
(d) Limitations.--A military department or a Defense Agency may
offer an incentive under the pilot program only with the prior consent,
or on the authority, of the Secretary. Any such incentive may be paid
for retraining, relocation, or a combination of retraining and
relocation, except that the maximum amount that may be paid to a non-
Federal employer to hire an employee under the pilot program may not
exceed $10,000.
(e) Duration.--The pilot program shall terminate not later than
September 30, 1999.
(f) Definitions.--In this section:
(1) The term ``employee'' means an employee of a military
department or a Defense Agency, serving under an appointment
without time limitation, who has been currently employed by the
military department or Defense Agency for a continuous period
of at least 12 months and who has been given specific notice of
separation by reduction in force, except that such term does
not include--
(A) a reemployed annuitant under subchapter III of
chapter 83 of title 5, United States Code, chapter 84
of such title, or another retirement system for
employees of the Government;
(B) an employee who is subject to subchapter III of
chapter 83 of title 5, United States Code, or chapter
84 of such title and who, at the time of separation
from service, has fulfilled the requirements for
immediate annuity under such subchapter or chapter; or
(C) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under any of the retirement
systems referred to in subparagraph (A).
(2) The term ``non-Federal employer'' means an employer
that is not the Federal Government.
SEC. 376. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF THE
DEPARTMENT OF DEFENSE ASSIGNED TO NONAPPROPRIATED FUND
INSTRUMENTALITIES.
(a) In General.--Not later than October 1, 1995, the Secretary of
Defense shall take such steps as may be necessary to provide a uniform
health benefits program for employees of the Department of Defense
assigned to a nonappropriated fund instrumentality of the Department.
(b) Report.--The Secretary of Defense shall submit a report on the
implementation of subsection (a) to the Committees on Armed Services of
the Senate and House of Representatives not later than March 15, 1995.
SEC. 377. OPERATION OF MILITARY EXCHANGE AND COMMISSARY STORE AT NAVAL
AIR STATION FORT WORTH, JOINT RESERVE CENTER, CARSWELL
FIELD.
The Secretary of Defense shall provide for the operation by the
Army and Air Force Exchange Service, until December 31, 1995, of any
military exchange and commissary store located at the Naval Air Station
Fort Worth, Joint Reserve Center, Carswell Field.
SEC. 378. SHIPS' STORES.
(a) Extension of Deadline for Conversion.--Section 371(a) of the
National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 7604
note) is amended by striking out ``October 1, 1994'' and inserting in
lieu thereof ``October 1, 1995''.
(b) Modification of Effective Date.--Section 371(d) of such Act is
amended by striking out ``shall take effect on the date on which the
Secretary of the Navy completes the conversion referred to in
subsection (a)'' and inserting in lieu thereof ``shall take effect on
October 1, 1994''.
SEC. 379. PROGRAM TO COMMEMORATE WORLD WAR II.
(a) Extension.--Section 378 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2387) is
amended by striking out ``1995'' in subsections (a) and (b) and
inserting in lieu thereof ``1996''.
(b) Reimbursement of Certain Costs.--Such section is further
amended by adding at the end the following new subsection:
``(g) Reimbursement for Certain Expenses.--The Secretary of Defense
may provide for reimbursement of expenses incurred by a person to
provide for the participation of the S.S. Jeremiah O'Brien in programs
and activities to commemorate the 50th anniversary of World War II.''.
SEC. 380. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.
(a) Demonstration Project for Use of Proceeds From the Sale of
Certain Property.--(1) Section 343(d)(1) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
105 Stat. 1344) is amended by striking out ``terminate on December 5,
1994'' and inserting in lieu thereof ``terminate on December 5, 1995''.
(2) Section 343(e) of such Act is amended by striking out
``February 3, 1995'' and inserting in lieu thereof ``February 3,
1996''.
(b) Authority for Aviation Depots and Naval Shipyards To Engage in
Defense-Related Production and Services.--Section 1425(e) of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1684) is amended by striking out ``September 30,
1994'' and inserting in lieu thereof ``September 30, 1995''.
(c) Authority of Base Commanders Over Contracting for Commercial
Activities.--Section 2468(f) of title 10, United States Code, is
amended by striking out ``September 30, 1994'' and inserting in lieu
thereof ``September 30, 1995''.
SEC. 381. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY END
STRENGTH LIMITATION.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by inserting after section 123a the following new section:
``Sec. 123b. Forces stationed abroad: limitation on number
``(a) End-Strength Limitation.--No funds appropriated to the
Department of Defense may be used to support a strength level of
members of the armed forces assigned to permanent duty ashore in
nations outside the United States at the end of any fiscal year at a
level in excess of 200,000.
``(b) Exception for Wartime.--Subsection (a) does not apply in the
event of a declaration of war or an armed attack on any member nation
of the North Atlantic Treaty Organization, Japan, the Republic of
Korea, or any other ally of the United States.
``(c) Presidential Waiver.--The President may waive the operation
of subsection (a) if the President declares an emergency. The President
shall immediately notify Congress of any such waiver.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``123b. Forces stationed abroad: limitation on number.''.
(b) Effective Date.--Section 123b of title 10, United States Code,
as added by subsection (a), does not apply with respect to a fiscal
year before fiscal year 1996.
(c) Conforming Repeal.--Section 1302 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2545) is repealed.
SEC. 382. AUTHORITY TO ISSUE MILITARY IDENTIFICATION CARDS TO SO-CALLED
HONORARY RETIREES OF THE NAVAL AND MARINE CORPS RESERVES.
(a) Authority.--The Secretary of the Navy may issue a military
identification card to a member of the Retired Reserve described in
subsection (b).
(b) Covered Members.--A member of the Retired Reserve referred to
in subsection (a) is a member of the Naval Reserve or Marine Corps
Reserve who transferred to the Retired Reserve under section 274(2) of
title 10, United States Code, without having completed the years of
service required under section 1331(a)(2) of such title for eligibility
for retired pay under chapter 67 of that title.
(c) Effect on Commissary and Exchange Benefits.--The issuance of a
military identification card under subsection (a) to a member of the
Retired Reserve does not confer eligibility for commissary and exchange
benefits on that member.
SEC. 383. MODIFICATION OF STATUTE OF LIMITATIONS FOR CERTAIN CLAIMS FOR
PERSONAL PROPERTY DAMAGE OR LOSS.
(a) Modification.--Subsection (g) of section 3721 of title 31,
United States Code, is amended--
(1) by striking out ``. However, if'' and inserting in lieu
thereof ``, except that in the case of a member of the
uniformed services, the claim must be presented in writing
within 1 year after the claim accrues. If''; and
(2) in the second sentence, by inserting ``(or, in the case
of a member of the uniformed services, within 1 year)'' after
``presented within 2 years''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to a claim under section 3721 of title 31, United States Code,
that accrues on or after the date of the enactment of this Act.
SEC. 384. OPERATION OF OVERSEAS FACILITIES OF THE DEPARTMENT OF DEFENSE
BY UNITED STATES FIRMS.
(a) Operation of Facilities.--(1) Subchapter V of chapter 148 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2542. Operation of overseas facilities of the Department of
Defense by United States firms
``(a) Operation of Overseas Facilities.--A contract to operate a
Department of Defense facility not in the United States (or its
territories or possessions) for the production or distribution of
subsistence items may be awarded only to a United States firm. The
facility shall be operated in accordance with Federal law governing the
production or distribution of such items.
``(b) Definition.--In this section, the term `United States firm'
has the meaning given such term in section 2532(d)(1) of this title.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``2542. Operation of overseas facilities of the Department of Defense
by United States firms.''.
(b) Effective Date.--Section 2542 of title 10, United States Code,
as added by subsection (a), shall apply with respect to solicitations
issued, contracts awarded or extended, or subcontracts approved, after
January 1, 1995.
SEC. 385. EXCLUSION OF CERTAIN TROOPS IN CALCULATION OF AUTHORIZED END
STRENGTH FOR MILITARY PERSONNEL IN EUROPE.
Subsection (c)(1) of section 1002 of the Department of Defense
Authorization Act, 1985 (22 U.S.C. 1928 note), is amended by adding at
the end the following: ``For purposes of this paragraph, members of the
Armed Forces of the United States assigned to permanent duty ashore in
Iceland, Greenland, and the Azores are excluded in calculating the end
strength level of members of the Armed Forces assigned to permanent
duty ashore in European member nations of NATO.''.
SEC. 386. AUTHORITY TO TRANSFER CERTAIN EXCESS PROPERTY TO EDUCATIONAL
INSTITUTIONS AND TRAINING SCHOOLS.
Notwithstanding title II of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481 et seq.) and any other provision of
law, the Secretary of Defense may, until January 1, 1997, authorize the
transfer, on a nonreimbursable basis, of any property described in
section 2535 of title 10, United States Code, to any nonprofit
educational institution or training school whenever the program
proposed by such institution or school for the use of such property is
in the public interest.
SEC. 387. PRIORITY TO STATES FOR THE TRANSFER OF NONLETHAL EXCESS
SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``The Secretary of
Defense'' and inserting in lieu thereof ``Subject to subsection
(d), the Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Nonlethal excess supplies of the Department of Defense shall
be made available to a State, a local government of a State, a
Territory, or a possession, upon the request of the State, local
government, Territory, or possession pursuant to authority provided in
another provision of law, before such supplies are made available for
humanitarian relief purposes under this section. The President may make
such supplies available for humanitarian purposes before such supplies
are made available to a State, local government, Territory, or
possession under this subsection in order to respond to an emergency
for which such supplies are especially suited.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1995, as follows:
(1) The Army, 510,000.
(2) The Navy, 441,641.
(3) The Marine Corps, 174,000.
(4) The Air Force, 400,051.
SEC. 402. LIMITATION ON DEPLOYMENT OF DIVISIONS CONSTITUTING ARMY
CONTINGENCY FORCE.
(a) In General.--Whenever practicable, in assigning forces of the
Army for operations other than war, the President shall seek to use
elements of divisions that are not part of the contingency force, and
the President may not at any one time use elements of more than one
division of the contingency force for such operations (except for
domestic humanitarian or disaster relief missions) unless elements of
all divisions that are not part of the contingency force are currently
deployed for such operations.
(b) Contingency Force Defined.--For purposes of this section, the
term ``contingency force'' means the set of four or five Army divisions
that is designated as the Army contingency force by the Secretary of
the Army, such force consisting of those divisions that are assigned to
be the initial Army divisions to be deployed to respond to a regional
conflict.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 1995, as follows:
(1) The Army National Guard of the United States, 400,000.
(2) The Army Reserve, 242,000.
(3) The Naval Reserve, 100,710.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 115,581.
(6) The Air Force Reserve, 78,706.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may increase the
end strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be reduced
proportionately by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
1995, the following number of Reserves to be serving on full-time
active duty or, in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 23,650.
(2) The Army Reserve, 11,940.
(3) The Naval Reserve, 17,510.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,098.
(6) The Air Force Reserve, 648.
SEC. 413. ACTIVE COMPONENT MEMBERS TO BE ASSIGNED FOR TRAINING
COMPATIBILTY WITH GUARD UNITS.
Section 414(c) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 261 note) is amended by striking out
``September 30, 1994'' and inserting in lieu thereof ``September 30,
1996''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1995, the Armed Forces are
authorized average military training student loads as follows:
(1) The Army, 69,420.
(2) The Navy, 43,064.
(3) The Marine Corps, 25,377.
(4) The Air Force, 36,840.
(b) Scope.--The average military training student load authorized
for an armed force under subsection (a) applies to the active and
reserve components of that armed force.
(c) Adjustments.--The average military training student loads
authorized in subsection (a) shall be adjusted consistent with the end
strengths authorized in subtitles A and B. The Secretary of Defense
shall prescribe the manner in which such adjustments shall be
apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1995 a total of
$71,086,397,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1995.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY FOR OFFICERS TO SERVE ON SUCCESSIVE PROMOTION
BOARDS.
Section 612(b) of title 10, United States Code, is amended--
(1) by striking out ``No officer may be'' and inserting in
lieu thereof ``(1) Except as provided in paragraph (2), an
officer may not be''; and
(2) by adding at the end the following:
``(2) With the approval of the Secretary of the military department
concerned, an officer may serve as a member on successive consideration
of officers of the same competitive category and grade if the second
board does not consider the same officer or officers as the first
board.''.
SEC. 502. ARMY FIELD GRADE OFFICER STRENGTH LIMITATIONS.
(a) Revisions to Authorized Active Duty Numbers.--The table in
section 523(a)(1) of title 10, United States Code, is amended by
striking out all of the table preceding ``Air Force:'' and inserting in
lieu thereof the following:
------------------------------------------------------------------------
Number of officers who may be serving
``Total number of commissioned on active duty in the grade of:
officers (excluding officers in ---------------------------------------
categories specified in Lieutenant
subsection (b)) on active duty: Major colonel Colonel
------------------------------------------------------------------------
``Army:
60,000........................ 12,380 8,361 3,080
65,000........................ 13,071 8,750 3,264
70,000........................ 13,763 9,138 3,447
75,000........................ 14,454 9,527 3,631
80,000........................ 15,146 9,915 3,814
85,000........................ 15,837 10,304 3,997
90,000........................ 16,529 10,692 4,181
95,000........................ 17,220 11,081 4,364
100,000....................... 17,912 11,469 4,548
110,000....................... 19,295 12,246 4,915
120,000....................... 20,678 13,023 5,281
130,000....................... 22,061 13,800 5,648
170,000....................... 27,593 16,908 7,116''.
------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1994.
SEC. 503. TECHNICAL CHANGES TO PROVISIONS ENACTED BY WARRANT OFFICER
MANAGEMENT ACT.
Chapter 33A of title 10, United States Code, is amended--
(1) in section 578, by adding at the end the following new
subsections:
``(e) An officer who is appointed to a higher grade under this
section is considered to have accepted such appointment on the date on
which the appointment is made unless the officer expressly declines the
appointment.
``(f) An officer who has served continuously since the officer
subscribed to the oath of office prescribed in section 3331 of title 5
is not required to take a new oath upon appointment to a higher grade
under this section.'';
(2) in sections 573(a)(2) and 574(e), by striking out ``on
active duty'';
(3) in section 575(d), by inserting before the period at
the end ``, except for those officers precluded from
consideration under regulations prescribed by the Secretary
concerned under section 577 of this title'';
(4) in section 576(f)(1), by striking out the last
sentence; and
(5) in section 582(2), by inserting before the period at
the end ``(except those retired warrant officers who were
recalled to active duty before February 1, 1992)''.
SEC. 504. NAVY AND MARINE CORPS LIMITED DUTY OFFICERS.
Section 5589 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following
subsection:
``(c) An officer designated for limited duty who is serving on
active duty pursuant to a temporary appointment under section 5596 of
this title may be given an original appointment under this section with
the same grade and date of rank as the officer held pursuant to the
temporary appointment.''.
SEC. 505. RETIREMENT OR ENLISTMENT OF CERTAIN LIMITED DUTY OFFICERS OF
THE NAVY AND MARINE CORPS.
Section 6383 of title 10, United States Code, is amended--
(1) in subsections (a)(1), (a)(2), (a)(3), (a)(4), (b), and
(d), by striking out ``Except as provided in subsection (i),''
and inserting in lieu thereof ``Except as provided in
subsections (f) and (h),'';
(2) by striking out subsection (f) and inserting in lieu
thereof the following:
``(f)(1) An officer subject to discharge under subsection (b), (d),
or (e) who is not eligible for retirement and to whom paragraph (2)
does not apply may, upon the officer's request and in the discretion of
the Secretary of the Navy, be enlisted in the grade prescribed by the
Secretary.
``(2) If an officer subject to discharge under subsection (b) or
(d) is, on the date on which the officer is to be discharged, within
two years of qualifying for retirement under section 6323 of this
title, the officer shall be retained on active duty until qualified for
retirement and shall then be retired under that section, unless the
officer is sooner retired or discharged under another provision of
law.'';
(3) by striking out subsection (g);
(4) by redesignating subsections (h), (i), and (j) as
subsections (g), (h), and (i) respectively; and
(5) in subsection (h) (as so redesignated), by striking out
``or the discharge under subsection (d)'' and inserting in lieu
thereof ``or the discharge under subsection (b) or (d)''.
SEC. 506. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL ACADEMY FROM
COUNTING TOWARD NUMBER OF SENIOR ADMIRALS AUTHORIZED TO
BE ON ACTIVE DUTY.
(a) Grade Relief.--If the next officer appointed to serve as
Superintendent of the United States Naval Academy after April 1, 1994,
is an officer described in subsection (b), that officer, while so
serving, shall not be counted for purposes of the limitations contained
in section 525(b)(2) of title 10, United States Code.
(b) Qualifying Officer.--Subsection (a) applies in the case of a
retired officer who--
(1) holds the grade of admiral on the retired list;
(2) is ordered to active duty pursuant to section 688 of
title 10, United States Code, to serve as Superintendent of the
United States Naval Academy; and
(3) is appointed pursuant to section 601 of that title to
have the grade of admiral while serving on active duty in that
position.
SEC. 507. GRADE OF HEADS OF CERTAIN PROFESSIONAL MILITARY EDUCATION
SCHOOLS.
(a) National Defense University.--The president of the National
Defense University, if a member of the Armed Forces on active duty, has
the grade of lieutenant general or vice admiral while so serving, if
appointed to that grade for service in that position.
(b) Component Schools of NDU.--The commandant of each of the
following Department of Defense schools shall be selected from among
officers on the active-duty list who have the grade of major general or
rear admiral:
(1) The National War College.
(2) The Industrial College of the Armed Forces.
(3) The Armed Forces Staff College.
(c) Service Schools.--The following positions may be held only by
officers on the active-duty list serving in the grade of major general
or rear admiral or a higher grade:
(1) The commandant of the Army War College.
(2) The president of the Naval War College.
(3) The commandant of the Air University.
Subtitle B--Reserve Component Matters
SEC. 511. SELECTED RESERVE ACTIVATION AUTHORITY.
(a) Enhanced Activation Authority.--Subsection (a) of section 673b
of title 10, United States Code, is amended to read as follows:
``(a)(1) If the President determines that augmentation of the
active forces is necessary for an operational mission, the President
may provide Reserve activation authority. The period for which a unit
or member is ordered to active duty pursuant to Reserve activation
authority provided under this paragraph may not be more than 180 days
(and is subject to extension under subsection (i)).
``(2) If the President determines that augmentation of the active
forces may be necessary for an operational mission that the President
authorizes to be carried out, the President may, on or after the date
on which the President authorizes that mission to be carried out,
provide Reserve activation authority with respect to a total of not
more than 25,000 members of the Selected Reserve. The period for which
a unit or member is ordered to active duty pursuant to Reserve
activation authority provided under this paragraph may not be more than
90 days.
``(3) The term `Reserve activation authority' means authority
provided by the President to the Secretary of Defense and the Secretary
of Transportation with respect to the Coast Guard when it is not
operating as a service of the Navy to order to active duty (other than
for training) without the consent of the members concerned (A) any unit
of the Selected Reserve, and (B) any member of the Selected Reserve not
assigned to a unit organized to serve as a unit.
``(4) This section applies notwithstanding the provisions of
section 673(a) of this title or any other provision of law.''.
(b) Period of Extension of Active Duty.--Subsection (i) of such
section is amended in the first sentence--
(1) by striking out ``is ordered to active duty under this
section'' and inserting in lieu thereof ``is ordered to active
duty under authority provided under subsection (a)(1)''; and
(2) by striking out ``90 additional days'' and inserting in
lieu thereof ``180 additional days''.
(c) Conforming Amendment Concerning Notice to Congress of Use of
Activation Authority.--Subsection (f) of such section is amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding at the end the following:
``(2) Whenever a unit or member of the Selected Reserve is ordered
to active duty under authority provided under subsection (a)(2), the
Secretary of Defense or the Secretary of Transportation, as the case
may be, shall submit, within 24 hours after issuing such order, a
report to Congress, in writing, setting forth the circumstances
necessitating the action taken and describing the anticipated use of
the units or members ordered to active duty.''.
SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
(a) In General.--Section 526 of title 10, United States Code, is
amended by adding at the end the following:
``(d)(1) Within the numbers authorized under subsections (a) and
(b), there shall be, at a minimum, the following Reserve general and
flag officers serving in the National Guard Bureau, the Office of a
Chief of a reserve component, or the headquarters of a reserve
component command:
Army National Guard of the United
States................................ 3 general officers.
Army Reserve........................... 3 general officers.
Naval Reserve.......................... 3 flag officers.
Air National Guard of the United States 3 general officers.
Air Force Reserve...................... 3 general officers.
``(2) Within the numbers authorized under subsections (a) and (b),
there shall be (in addition to the officers specified in paragraph (1))
a Reserve general or flag officer who is assigned as the Military
Executive to the Reserve Forces Policy Board.
``(e) The limitation of this section does not apply to a reserve
general or flag officer who is on active duty for training or who is on
active duty under a call or order specifying a period of less than 180
days.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect at the end of the 90-day period beginning on the date of
the enactment of this Act.
SEC. 513. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.
Section 101(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(7)(A) The term `active Guard and Reserve duty' means
active duty or full-time National Guard duty performed by a
member of a reserve component of the Army, Navy, Air Force, or
Marine Corps or of the National Guard pursuant to an order to
active duty or full-time National Guard duty for a period of
more than 180 consecutive days for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components.
``(B) Such term does not include the following:
``(i) Duty performed as a member of the Reserve
Forces Policy Board provided for under section 175 of
this title.
``(ii) Duty performed as a property and fiscal
officer under section 708 of title 32.
``(iii) Duty performed in connection with drug
interdiction and counter-drug activities under section
112 of title 32.
``(iv) Duty performed as a general or flag officer.
``(v) Service as a State director of the Selective
Service System under section 10(b)(2) of the Military
Selective Service Act (50 U.S.C. App. 460(b)(2)).''.
SEC. 514. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO TRANSFER OF
REGULAR ENLISTED MEMBERS TO THE RETIRED RESERVE.
(a) Army.--Section 3914 of title 10, United States Code, is amended
by striking out the second and third sentences.
(b) Air Force.--Section 8914 of such title, is amended by striking
out the second and third sentences.
SEC. 515. GUARD AND RESERVE TRANSITION INITIATIVES.
(a) Section 1331a(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Notwithstanding the provisions of section 4415(2) of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2714), the Secretary concerned may, consistent with
the other provisions of this section, provide the notification required
by section 1331(d) of this title to a member who no longer meets the
qualifications for membership in the Selected Reserve solely because
the member is unfit because of physical disability. Such notification
may not be made if the disability is the result of the member's
intentional misconduct, willful neglect, or willful failure to comply
with standards and qualifications for retention established by the
Secretary concerned or was incurred during a period of unauthorized
absence.''.
(b) Section 4416 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended--
(1) by striking out subsection (d) and inserting in lieu
thereof the following:
``(d) Annual Payment Period.--An annual payment granted to a member
under this section shall be paid for the number of years specified by
the Secretary concerned. Such number shall be one or more but not more
than five, except that the entitlement to the annual payment shall
terminate on the member's 60th birthday.'';
(2) by adding at the end of subsection (e) the following
new paragraph:
``(3) In the case of a member who will attain 60 years of age
during the 12-month period following the date on which an annual
payment is due, the payment shall be paid on a prorated basis of one-
twelfth of the annual payment for each full month between the date on
which the payment is due and the date on which the member attains age
60.''; and
(3) by adding at the end the following new subsection:
``(i) Coordination With Retired Pay.--A member who has received one
or more annual payments under this section shall, upon entitlement to
retired pay under chapter 67 of this title, have deducted from each
payment of such retired pay 50 percent of such payment until the total
amount deducted is equal to the total amount of payments received under
this section.''.
SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF ACTIVE ARMY OFFICERS.
Section 1111 of the Army National Guard Combat Readiness Reform Act
of 1992 (title XI of Public Law 102-484; 106 Stat. 2536) is amended by
adding at the end the following new subsection:
``(e) On a semiannual basis, the Secretary of the Army shall
furnish to the Chief of the National Guard Bureau a list containing the
name, home of record, and last-known mailing address of each officer of
the Army who during the previous six months was honorably separated
from active service in the grade of major or below.''.
Subtitle C--Other Matters
SEC. 521. REPEAL OF REQUIRED REDUCTION IN RECRUITING PERSONNEL.
Section 431 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2400) is repealed.
SEC. 522. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS.
(a) Involuntary Separation Benefits and Services.--Chapter 58 of
title 10, United States Code, is amended as follows:
(1) Section 1141 is amended in the matter preceding
paragraph (1)--
(A) by striking out ``Army, Navy, Air Force, or
Marine Corps'' and inserting in lieu thereof ``armed
forces''; and
(B) by striking out ``or on or after the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 1994'' and inserting in lieu thereof
``or after November 29, 1993, or, with respect to a
member of the Coast Guard, if the member was on active
duty in the Coast Guard after September 30, 1994,''.
(2) Section 1143 is amended--
(A) in the heading, by striking out ``: Department
of Defense'';
(B) in subsection (a), by inserting ``and the
Secretary of Transportation with respect to the Coast
Guard'' after ``Secretary of Defense'' and by striking
out ``under the jurisdiction of the Secretary'';
(C) in subsection (b), by adding at the end the
following new sentence: ``The Secretary of
Transportation shall establish permanent employment
assistance centers at appropriate Coast Guard
installations.'';
(D) in subsection (c), by inserting ``and the
Secretary of Transportation'' after ``Secretary of
Defense''; and
(E) in subsection (d), by adding at the end the
following new sentence: ``The Secretary of
Transportation shall provide the same preference in
hiring to involuntarily separated members of the Coast
Guard, and the dependents of such members, in Coast
Guard nonappropriated fund instrumentalities.''.
(3) Section 1143a is amended--
(A) in the heading by striking out ``: Department
of Defense''; and
(B) by adding at the end the following new
subsection:
``(h) This section shall apply to the Coast Guard in the same
manner and to the same extent as it applies to the Department of
Defense. The Secretary of Transportation shall implement the
requirements of this section for the Coast Guard.''.
(4) Section 1145 is amended by adding at the end the
following new subsection:
``(e) The provisions of this section shall apply to members of the
Coast Guard (and their dependents) involuntarily separated from active
duty during the five-year period beginning on October 1, 1994. The
Secretary of Transportation shall implement this section for the Coast
Guard.''.
(5) Section 1146 is amended by adding at the end the
following new sentence: ``The Secretary of Transportation shall
implement this provision for Coast Guard members involuntarily
separated during the five-year period beginning October 1,
1994.''.
(6) Section 1147(a) is amended--
(A) by inserting ``(1)'' before ``The Secretary of
a military department''; and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary of Transportation may prescribe regulations to
permit members of the Coast Guard who are involuntarily separated
during the five-year period beginning October 1, 1994, to continue for
not more than 180 days after the date of such separation to reside
(along with others of the member's household) in military family
housing provided or leased by the Coast Guard to the individual as a
member of the armed forces.''.
(7) Section 1148 is amended by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense''.
(8) Section 1149 is amended--
(A) by inserting ``or the Secretary of
Transportation with respect to the Coast Guard'' after
``Secretary of Defense''; and
(B) by striking out ``of the military department''.
(9) Section 1150 is amended by adding at the end the
following new subsection:
``(c) Coast Guard.--This section shall apply to the Coast Guard in
the same manner and to the same extent as it applies to the Department
of Defense. The Secretary of Transportation shall prescribe regulations
to implement this section for the Coast Guard.''.
(10) The table of sections at the beginning of the chapter
is amended by striking out ``: Department of Defense'' in the
items relating to section 1143 and 1143a.
(b) Special Separation Benefit.--Section 1174a of title 10, United
States Code, is amended--
(1) in subsection (a), by striking out ``of each military
department'' and inserting in lieu thereof ``concerned'';
(2) in subsection (d), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned'';
(3) in subsection (e)(3), by striking out ``of the military
department''; and
(4) in subsection (h), by striking out ``of a military
department'' and inserting in lieu thereof ``concerned''.
(c) Voluntary Separation Incentive.--Section 1175 of title 10,
United States Code, is amended--
(1) in subsections (a) and (b), by inserting ``and the
Secretary of Transportation'' after ``Secretary of Defense'';
(2) in subsection (c), by striking out ``of the military
department'';
(3) in subsection (g), by inserting ``and the Department of
Transportation for the Coast Guard'' before the period at the
end;
(4) in subsection (h)(3), by inserting ``except for
payments to members of the Coast Guard'' after ``under this
section''; and
(5) in subsection (i), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''.
(d) Temporary Early Retirement Authority.--Section 4403 of the
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484, 106
Stat. 2702, 10 U.S.C. 1293 note) shall apply to the Coast Guard in the
same manner and to the same extent as that provision applies to the
Department of Defense. The Secretary of Transportation shall implement
the provisions of that section with respect to the Coast Guard and
apply the applicable provisions of title 14, United States Code,
relating to retirement of Coast Guard personnel.
(e) Effective Date.--This section and the amendments made by this
section shall apply only to members of the Coast Guard who are
involuntarily separated after September 30, 1994.
SEC. 523. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT TO COAST GUARD.
(a) Establishment of Permanent Grade of Chief Warrant Officer, W-
5.--(1) The grade of chief warrant officer, W-5, is hereby established
in the Coast Guard.
(2) Section 571(a) of title 10, United States Code, is amended by
striking out ``Army, Navy, Air Force, and Marine Corps'' and inserting
in lieu thereof ``armed forces''.
(b) Extension of Warrant Officer Management Act Provisions to Coast
Guard Warrant Officers.--Chapter 33A of title 10, United States Code,
is amended as follows:
(1) Section 573(a) is amended--
(A) by striking out ``Secretary of a military
department'' in paragraph (1) and inserting in lieu
thereof ``Secretary concerned''; and
(B) by striking out ``of the military department''
in paragraph (2).
(2) Section 574 is amended by striking out ``Secretary of
each military department'' in subsections (a) and (b) and
inserting in lieu thereof ``Secretary concerned''.
(3) Section 575(b)(2) is amended by inserting ``and the
Secretary of Transportation, when the Coast Guard is not
operating as a service in the Navy,'' after ``Secretary of
Defense''.
(4) Section 576 is amended--
(A) in subsection (a), by striking out ``of the
military department'' in the matter preceding paragraph
(1);
(B) in subsection (e), by striking out ``of the
military department''; and
(C) in subsection (f)(2), by striking out ``of the
military department''.
(5) Section 580 is amended--
(A) in subsection (a)(4)(B), by inserting ``, or
severance pay computed under section 286a of title 14,
as appropriate,'' after ``section 1174 of this title'';
and
(B) in subsection (e)(6), by inserting ``and the
Secretary of Transportation when the Coast Guard is not
operating as a service in the Navy,'' after ``Secretary
of Defense''.
(6) Section 581(a) is amended by striking out ``in the
Army, Navy, Air Force, or Marine Corps''.
(c) Transition for Certain Regular Warrant Officers Serving in a
Higher Temporary Grade Below Chief Warrant Officer, W-5.--(1) A regular
warrant officer of the Coast Guard who on the effective date of this
section is on active duty and--
(A) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade;
(B) is on a list of officers recommended for promotion to a
temporary grade below chief warrant officer W-5; or
(C) is on a list of officers recommended for promotion to a
permanent grade higher than the grade in which that warrant
officer is serving;
shall be considered to have been recommended by a board convened under
section 573 of title 10, United States Code, as amended by this
subsection (b), for promotion to the permanent grade equivalent to the
grade in which that warrant officer is serving or for which that
warrant officer has been recommended for promotion, as the case may be.
(2) An officer referred to in subparagraph (A) of paragraph (1) who
is not promoted to the grade to which that warrant officer is
considered under such subsection to have been recommended for promotion
because that officer's name is removed from a list of officers who are
considered under such paragraph to have been recommended for promotion
shall be considered by a board convened under section 573 of title 10,
United States Code, as amended by subsection (b), for promotion to the
permanent grade equivalent to the temporary grade in which that warrant
officer was serving on the effective date of this section as if that
warrant officer were serving in the permanent grade.
(3) The date of rank of an officer referred to in paragraph (1)(A)
who is promoted to the grade in which that warrant officer is serving
on the effective date of this section is the date of that officer's
temporary appointment in that grade.
(d) Transition for Certain Reserve Warrant Officers Serving in a
Higher Temporary Grade Below Chief Warrant Officer, W-5.--(1)(A) Except
as provided in paragraph (2), a reserve warrant officer of the Coast
Guard who on the effective date of this section is subject to placement
on the warrant officer active-duty list and who--
(i) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than that warrant officer's
permanent grade; or
(ii) is on a list of warrant officers recommended for
promotion to a temporary grade below chief warrant officer, W-
5, that is the same as or higher than that warrant officer's
permanent grade;
shall be considered to have been recommended by a board convened under
section 598 of title 10, United States Code, for promotion to the
permanent grade equivalent to the grade in which the warrant officer is
serving or for which that warrant officer has been recommended for
promotion, as the case may be.
(B) The date of rank of a warrant officer referred to in
subparagraph (A)(i) who is promoted to the grade in which that warrant
officer is considered under such subparagraph to have been recommended
for promotion is the date of the temporary appointment of that warrant
officer in that grade.
(2) A reserve warrant officer of the Coast Guard who on the
effective date of this section--
(A) is subject to placement on the warrant officer active-
duty list;
(B) is serving on active duty in a temporary grade; and
(C) holds a permanent grade higher than the temporary grade
in which that warrant officer is serving;
shall while continuing on active duty retain such temporary grade and
shall be considered for promotion to a grade equal to or lower than the
permanent grade as if such temporary grade is a permanent grade. If
such warrant officer is recommended for promotion, the appointment of
that warrant officer to such grade shall be a temporary appointment.
(e) Rank of Coast Guard Warrant Officers.--(1) Subchapter A of
chapter 11 of title 14, United States Code, is amended by adding at the
end the following new section:
``Sec. 215. Rank of warrant officers
``(a) Among warrant officer grades, warrant officers of a higher
numerical designation are senior to warrant officer grades of a lower
numerical designation.
``(b) Warrant officers shall take precedence in the grade to which
appointed in accordance with the dates of their commissions as
commissioned officers in the Coast Guard in such grade. Precedence
among warrant officers of the same grade who have the same date of
commission shall be determined by regulations prescribed by the
Secretary.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 214 the
following new item:
``215. Rank of warrant officers.''.
(f) Technical and Conforming Amendments.--(1) Section 1125(a) of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(10 U.S.C. 555 note) is repealed.
(2) Section 286a(a) of title 14, United States Code, is amended by
striking out ``section 564(a)(3) of title 10 (as in effect on the day
before the effective date of the Warrant Officer Management Act)'' and
inserting in lieu thereof ``section 580(a)(4)(A) of title 10''.
(3) Section 334(b) of such title is amended by striking out
``section 564 of title 10 (as in effect on the day before the effective
date of the Warrant Officer Management Act) or'' and inserting in lieu
thereof ``section 580,''.
(4) Section 41 of such title is amended by striking out ``chief
warrant officers, W-4; chief warrant officers, W-3; chief warrant
officers, W-2; cadets; warrant officers, W-1;'' and inserting in lieu
thereof ``chief warrant officers; cadets; warrant officers;''.
(5)(A) Sections 212 and 213 of such title are repealed.
(B) The table of sections at the beginning of chapter 11 of such
title is amended by striking out the items relating to section 212 and
213.
(6) Section 214 of such title is amended by striking out
subsections (b) and (c).
(7) Section 583 of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The active-duty list referred to in section 573(b) of
this title includes the active-duty promotion list established
by section 41a of title 14.''.
(g) Temporary Authority for Involuntary Separation of Certain
Warrant Officers.--Section 580a of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) This section applies to the Secretary of Transportation in
the same manner and to the same extent as it applies to the Secretary
of Defense. The Commandant of the Coast Guard shall take the action set
forth in subsection (b) with respect to regular warrant officers of the
Coast Guard.''.
(h) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) October 1, 1994; or
(2) the first day of the fourth month beginning after the
date of the enactment of this Act.
SEC. 524. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY ENLISTED MEMBERS IN
PAY GRADE E-8.
(a) In General.--Section 517(a) of title 10, United States Code, is
amended by inserting ``(or, in the case of the Army, 2.5 percent)''
after ``may not be more than 2 percent''.
(b) Special Rule for 1995.--The percentage applicable to enlisted
members of the Army in pay grade E-8 under section 517(a) of title 10,
United States Code, during 1995 shall be 2.3 percent (rather than the
percentage provided by the amendment made by subsection (a)).
(c) Effective Date.--The amendment made by subsection (a) shall not
apply with respect to the number of enlisted members of the Army on
active duty in pay grade E-8 during 1994.
SEC. 525. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD EFFECTS DURING
PCS MOVES.
(a) Authority To Reimburse.--The Secretary of the military
department concerned may reimburse a member of the Armed Forces under
the Secretary's jurisdiction for a loss described in subsection (b).
(b) Covered Losses.--This section applies with respect to a loss of
household effects sustained during a move made incident to a change of
permanent station when, as determined by the Secretary, the loss was
caused by a hostile action incident to war or a warlike action by a
military force.
(c) Limitation.--The Secretary may provide reimbursement under this
section for a loss described in subsection (b) only to the extent that
the loss is not reimbursed under insurance or under the authority of
another provision of law.
(d) Effective Date.--The authority provided by this section applies
with respect to losses incurred after June 30, 1990.
SEC. 526. VICTIMS' ADVOCATES PROGRAMS IN DEPARTMENT OF DEFENSE.
(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, shall establish
within each of the military departments a victims' advocates program to
provide assistance to members of the Armed Forces and their dependents
who are victims of sexual and physical abuse, unlawful discrimination,
or sexual harassment.
(b) Implementation Through Family Advocacy Program.--The programs
under subsection (a) shall, to the extent practicable, be carried out
through Family Advocacy Programs in the military departments.
(c) Victims Advocate Defined.--For purposes of the programs under
subsection (a), a victims advocate program is a program in which
individuals working in the program serve the interests of a victim of
sexual and physical abuse, unlawful discrimination, or sexual
harassment by providing information on available benefits and services,
assistance in obtaining those benefits and services, and other
appropriate assistance.
(d) Implementation Report.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on the implementation of this section. The
report shall be submitted not later than six months after the date of
the enactment of this Act.
SEC. 527. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS OF THE
ARMED FORCES MAKING ALLEGATIONS OF SEXUAL HARASSMENT OR
UNLAWFUL DISCRIMINATION.
(a) In General.--(1) Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 983. Retaliatory personnel actions prohibited against members
alleging sexual harassment or unlawful discrimination
``(a) Prohibition of Retaliatory Personnel Actions.--(1) No person
may take (or threaten to take) an unfavorable personnel action, or
withhold (or threaten to withhold) a favorable personnel action, as a
reprisal against a member of the armed forces for making or preparing a
communication described in subsection (b)(2) to--
``(A) a Member of Congress;
``(B) an Inspector General (as defined in subsection (g));
``(C) a member of a Department of Defense audit,
inspection, investigation, or law enforcement organization; or
``(D) any other person or organization (including any
person or organization in the chain of command) designated
pursuant to regulations or other established administrative
procedures for such communications.
``(2) Any action prohibited by paragraph (1) (including the threat
to take any action and the withholding or threat to withhold any
favorable action) shall be considered for the purposes of this section
to be a personnel action prohibited by this subsection.
``(b) Inspector General Investigation of Allegations of Prohibited
Personnel Actions.--(1) If a member of the armed forces submits to the
Department of Defense Inspector General (or to the Inspector General of
the Department of Transportation, in the case of a member of the Coast
Guard when the Coast Guard is not operating as a service in the Navy)
an allegation that a personnel action prohibited by subsection (a) has
been taken (or threatened) against the member with respect to a
communication described in paragraph (2), the Inspector General shall
expeditiously investigate the allegation. The Inspector General of the
Department of Defense may not delegate or assign any such investigation
to an office or organization within a military department.
``(2) A communication described in this paragraph is a
communication in which a member of the armed forces complains of, or
discloses information that the member reasonably believes constitutes
evidence of, sexual harassment or unlawful discrimination.
``(3) The Inspector General is not required to make an
investigation under paragraph (1) in the case of an allegation made
more than 60 days after the date on which the member becomes aware of
the personnel action that is subject of the allegation.
``(c) Inspector General Investigation of Allegations of Sexual
Harassment or Unlawful Discrimination.--If the Inspector General
considers it necessary, due to evidence of a biased or inadequate
investigation of the underlying allegation of sexual harassment or
unlawful discrimination, the Inspector General may initiate a separate
investigation of that allegation.
``(d) Reports on Investigations.--(1) Not later than 30 days after
completion of an investigation under subsection (b) or (c), the
Inspector General shall submit a report on the results of the
investigation to the Secretary of Defense (or to the Secretary of
Transportation in the case of a member of the Coast Guard when the
Coast Guard is not operating as a service in the Navy) and the member
of the armed forces who made the allegation.
``(2) In the copy of the report submitted to the member, the
Inspector General shall ensure the maximum disclosure of information
possible, with the exception of information that is not required to be
disclosed under section 552 of title 5.
``(3) If, in the course of an investigation of an allegation under
this section, the Inspector General determines that it is not possible
to submit the report required by paragraph (1) within 120 days after
the date of receipt of the allegation being investigated, the Inspector
General shall provide to the Secretary of Defense (or to the Secretary
of Transportation in the case of a member of the Coast Guard when the
Coast Guard is not operating as a service in the Navy) and to the
member making the allegation a notice--
``(A) of that determination (including the reasons why the
report may not be submitted within that time); and
``(B) of the time when the report will be submitted.
``(4) The report on the results of the investigation shall contain
a thorough review of the facts and circumstances relevant to the
allegation and the complaint or disclosure and shall include documents
acquired during the course of the investigation, including summaries of
interviews conducted. The report may include a recommendation as to the
disposition of the complaint.
``(e) Correction of Records When Prohibited Action Taken.--(1) A
board for the correction of military records acting under section 1552
of this title, in resolving an application for the correction of
records made by a member or former member of the armed forces who has
alleged a personnel action prohibited by subsection (a), on the request
of the member or former member or otherwise, may review the matter.
``(2) In resolving an application described in paragraph (1), a
correction board--
``(A) shall review the report of the Inspector General
submitted under subsection (d);
``(B) may request the Inspector General to gather further
evidence; and
``(C) may receive oral argument, examine and cross-examine
witnesses, take depositions, and, if appropriate, conduct an
evidentiary hearing.
``(3) If the board elects to hold an administrative hearing, the
member or former member who filed the application described in paragaph
(1)--
``(A) may be provided with representation by a judge
advocate if--
``(i) the Inspector General, in the report under
subsection (d), finds that there is probable cause to
believe that a personnnel action prohibited by
subsection (a) has been taken (or threatened) against
the member with respect to a communication described in
subsection (b)(2);
``(ii) the Judge Advocate General concerned
determines that the case is unusually complex or
otherwise requires judge advocate assistance to ensure
proper presentation of the legal issues in the case;
and
``(iii) the member is not represented by outside
counsel chosen by the member; and
``(B) may examine witnesses through deposition, serve
interrogatories, and request the production of evidence,
including evidence contained in the investigatory record of the
Inspector General but not included in the report submitted
under subsection (d).
``(4) The Secretary concerned shall issue a final decision with
respect to an application described in paragraph (1) within 180 days
after the application is filed. If the Secretary fails to issue such a
final decision within that time, the member or former member shall be
deemed to have exhausted the member's or former member's administrative
remedies under section 1552 of this title.
``(5) The Secretary concerned shall order such action, consistent
with the limitations contained in sections 1552 and 1553 of this title,
as is necessary to correct the record of a personnel action prohibited
by subsection (a).
``(6) If the Board determines that a personnel action prohibited by
subsection (a) has occurred, the Board may recommend to the Secretary
concerned that the Secretary take appropriate disciplinary action
against the individual who committed such personnel action.
``(f) Review by Secretary of Defense.--Upon the completion of all
administrative review under subsection (e), the member or former member
of the armed forces (except for a member or former member of the Coast
Guard when the Coast Guard is not operating as a service in the Navy)
who made the allegation referred to in subsection (b)(1), if not
satisfied with the disposition of the matter, may submit the matter to
the Secretary of Defense. The Secretary shall make a decision to
reverse or uphold the decision of the Secretary of the military
department concerned in the matter within 90 days after receipt of such
a submittal.
``(g) Post-Disposition Interviews.--After disposition of any case
under this section, the Inspector General shall, whenever possible,
conduct an interview with the person making the allegation to determine
the views of that person on the disposition of the matter.
``(h) Regulations.--The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy, shall prescribe regulations to carry out this
section.
``(i) Definitions.--In this section:
``(1) The term `unlawful discrimination' means
discrimination on the basis of race, color, religion, sex, or
national origin.
``(2) The term `Member of Congress' includes any Delegate
or Resident Commissioner to Congress.
``(3) The term `Inspector General' means--
``(A) an Inspector General appointed under the
Inspector General Act of 1978; and
``(B) an officer of the armed forces assigned or
detailed under regulations of the Secretary concerned
to serve as an Inspector General at any command level
in one of the armed forces.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``983. Retaliatory personnel actions prohibited against members
alleging sexual harassment or unlawful
discrimination.''.
(b) Deadline for Regulations.--The Secretary of Defense and the
Secretary of Transportation shall prescribe the regulations required by
subsection (g) of section 983 of title 10, United States Code, as added
by subsection (a), not later than 120 days after the date of the
enactment of this Act.
(c) Content of Regulations.--In prescribing regulations under
section 983 of title 10, United States Code, as added by subsection
(a), the Secretary of Defense and the Secretary of Transportation shall
provide for due process procedures for the subject of any investigation
carried out under the provisions of that section, including a process
for appeal and review of investigative findings.
(d) Effective Date.--Section 983 of title 10, United States Code,
as added by subsection (a), shall apply with respect to any personnel
action taken (or threatened to be taken) on or after the date of the
enactment of this Act as a reprisal prohibited by subsection (a) of
that section.
SEC. 528. ANNUAL REPORT ON PERSONNEL READINESS.
(a) Required Assessment.--The Secretary of Defense shall submit to
Congress an annual report on trends in recruiting, retention, and
personnel readiness.
(b) Data To Be Collected.--Each annual report under subsection (a)
shall include the following information with respect to the preceding
fiscal year for the active components of each of the Armed Forces under
the jurisdiction of the Secretary (as well as such additional
information as the Secretary considers appropriate):
(1) The numbers and rates of temporary and permanent
nondeployability of members of the Armed Forces, displayed by
cause of nondeployability, rank, and gender.
(2) The numbers and rates of complaints and allegations
involving gender and other unlawful discrimination and sexual
harassment, and the rates of substantiation for those
complaints and allegations.
(3) The numbers and rates of disciplinary proceedings,
displayed (A) by offense or infraction committed, (B) by
gender, rank, and race, and (C) by the categories specified in
paragraph (2).
(4) The retention rates, by gender, rank, and race, with an
analysis of factors influencing those rates.
(5) The propensity of persons to enlist, displayed by
gender and race, with an analysis of the factors influencing
those propensities.
(c) Submission to Congress.--The Secretary shall submit the report
under this section for any fiscal year as part of the annual Department
of Defense posture statement provided to Congress in connection with
the Department of Defense budget request for that fiscal year.
(d) Initial Submission.--The first report under this section shall
be submitted in connection with the Department of Defense budget
request for fiscal year 1996 and shall include data, to the degree such
data already exists, for fiscal years after fiscal year 1991.
SEC. 529. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS.
(a) Outreach Program to Persian Gulf Veterans and Families.--The
Secretary of Defense shall institute a comprehensive outreach program
to inform members of the Armed Forces who served in the Southwest Asia
theater of operations during the Persian Gulf Conflict, and the
families of such members, of illnesses that may result from such
service. The program shall be carried out through both medical and
command channels, as well as any other means the Secretary considers
appropriate. Under the program, the Secretary shall--
(1) inform such individuals regarding--
(A) common disease symptoms reported by Persian
Gulf veterans that may be due to service in the
Southwest Asia theater of operations;
(B) blood donation policy;
(C) available counseling and medical care for such
members; and
(D) possible health risks to children of Persian
Gulf veterans;
(2) inform such individuals of the procedures for
registering in either the Persian Gulf Veterans Health
Surveillance System of the Department of Defense or the Persian
Gulf War Health Registry of the Department of Veterans Affairs;
and
(3) encourage such members to report any symptoms they may
have and to register in the appropriate health surveillance
registry.
(b) Incentives to Persian Gulf Veterans To Register.--In order to
encourage Persian Gulf veterans to register any symptoms they may have
in one of the existing health registries, the Secretary of Defense
shall provide the following:
(1) For any Persian Gulf veteran who is on active duty and
who registers with the Department of Defense's Persian Gulf War
Veterans Health Surveillance System, a full medical evaluation
and any required medical care.
(2) For any Persian Gulf War veteran who is, as of the date
of the enactment of this Act, a member of a reserve component,
opportunity to register at a military medical facility in the
Persian Gulf Veterans Health Care Surveillance System and, in
the case of a Reserve who registers in that registry, a full
medical evaluation by the Department of Defense. Depending on
the results of the evaluation and on eligibility status,
reserve personnel may be provided medical care by the
Department of Defense.
(3) For a Persian Gulf veteran who is not, as of the date
of the enactment of this Act, on active duty or a member of a
reserve component, assistance and information at a military
medical facility on registering with the Persian Gulf War
Registry of the Department of Veterans Affairs and information
related to support services provided by the Department of
Veterans Affairs.
(c) Compatability of Department of Defense and Department of
Veterans Affairs Registries.--The Secretary of Defense shall ensure
that the Department of Defense Persian Gulf Veterans Health
Surveillance System register is compatible with the Persian Gulf War
Registry maintained by the Department of Veterans Affairs and that all
information on individuals who register with the Department of Defense
system is provided to the Department of Veterans Affairs for
incorporation into the Persian Gulf War Registry.
(d) Presumptions on Behalf of Service Member.--(1) A member of the
Armed Forces who is a Persian Gulf veteran, who has symptoms of
illness, and who the Secretary concerned finds may have become ill as a
result of serving on active duty in the Southwest Asia theater of
operations during the Persian Gulf War shall be considered for
Department of Defense purposes to have become ill as a result of
serving in that theater of operations.
(2) A member of the Armed Forces who is a Persian Gulf veteran and
who reports being ill as a result of serving on active duty in the
Southwest Asia theater of operations during the Persian Gulf War shall
be considered for Department of Defense purposes to have become ill as
a result of serving in that theater of operations until such time as
the weight of medical evidence establishes other cause or causes of the
member's illness.
(3) The Secretary concerned shall ensure that, for the purposes of
health care treatment by the Department of Defense, health care and
personnel administration, and disability evaluation by the Department
of Defense, the symptoms of any member of the Armed Forces covered by
paragraph (1) or (2) are examined in light of the member's service in
the Persian Gulf War and in light of the reported symptoms of other
Persian Gulf veterans. The Secretary shall ensure that, in providing
health care diagnosis and treatment of the member, a broad range of
potential causes of the member's symptoms are considered and that the
member's symptoms are considered collectively, as well as by type of
symptom or medical speciality, and that treatment across medical
specialties is coordinated appropriately.
(4) The Secretary of Defense shall ensure that the presumptions of
service connection and illness specified in paragraphs (1) and (2) are
incorporated in appropriate service medical and personnel regulations
and are widely disseminated throughout the Department of Defense.
(e) Revision of the Physical Evaluation Board Criteria.--(1) The
Secretary of Defense, in consultation with the Secretary of Veterans
Affairs and the Secretary of Health and Human Services, shall ensure
that case definitions of Persian Gulf related illnesses, as well as the
Physical Evaluation Board criteria used to set disability ratings for
members no longer medically qualified for continuation on active duty,
are established as soon as possible to permit accurate disability
ratings related to a diagnosis of Persian Gulf illnesses.
(2) Until revised disability criteria can be implemented and
members of the Armed Forces can be rated against those criteria, the
Secretary of Defense shall ensure--
(A) that any member of the Armed Forces on active duty who
may be suffering from a Persian Gulf-related illness is
afforded continued military medical care; and
(B) that any member of the Armed Forces on active duty who
is found by a Physical Evaluation Board to be unfit for
continuation on active duty as a result of a Persian Gulf-
related illness for which the board has no rating criteria (or
inadequate rating criteria) for the illness or condition from
which the member suffers is placed on the temporary disability
retired list.
(f) Review of Records and Rerating of Previously Discharged Gulf
War Veterans.--(1) The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall ensure that a review is made of
the health and personnel records of each Persian Gulf veteran who
before the date of the enactment of this Act was discharged from active
duty, or was medically retired, as a result of a Physical Evaluation
Board process.
(2) The review under paragraph (1) shall be carried out to ensure
that former Persian Gulf veterans who may have been suffering from a
Persian Gulf-related illness at the time of discharge or retirement
from active duty as a result of the Physical Evaluation Board process
are revaluated in accordance with the criteria established in
subsection (c)(1) and, if appropriate, are rerated.
(g) Persian Gulf Illness Medical Referral Centers.--The Secretary
of Defense shall evaluate the feasibility of establishing one or more
medical referral centers to provide uniform, coordinated medical care
for Persian Gulf veterans on active duty who are or may be suffering
from a Persian Gulf-related illness. The Secretary shall submit a
report on such feasibility to the Committees on Armed Services of the
Senate and House of Representatives not later than six months after the
date of the enactment of this Act.
(h) Annual Report to Congress.--(1) The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives an annual report on--
(A) efforts taken and results achieved in notifying members
of the Armed Forces and their families as part of the outreach
program required by subsection (a);
(B) efforts taken to revise the Physical Evaluation Board
disability rating and interim efforts to adjudicate cases
before the revision of the criteria; and
(C) results of the review and rerating of previously
separated servicemembers.
(2) The first report under paragraph (1) shall be submitted not
later than 120 days after the date of the enactment of this Act.
(i) Persian Gulf Veteran.--For purposes of this section, a Persian
Gulf veteran is an individual who served on active duty in the Armed
Forces in the Southwest Asia theater of operations during the Persian
Gulf Conflict.
SEC. 530. UPGRADE OF ARMED FORCES STAFF COLLEGE WARGAMING AND OTHER
CAPABILITIES.
(a) Findings.--The Congress makes the following findings:
(1) The Congress and the Department of Defense have
envisioned the Armed Forces Staff College as the premier
educational institution for joint operational planning and
warfighting.
(2) The mission of the college is to educate staff officers
and other leaders in joint and combined operational planning
and warfighting in order to instill a primary commitment to
joint teamwork, attitudes, and perspective.
(3) The intention of the Congress and the Department of
Defense is that the college be a ``hands-on'' school, preparing
officers for joint duty assignments through extensive use of
case studies and war games that focus on the specifics of joint
warfare and involve theaters of war set in both developed and
underdeveloped regions.
(4) The inadequate wargaming capability at the college does
not allow for a hands-on approach, nor does the current
capability and associated facilities, in particular, the
antiquated and decaying library, support an atmosphere in which
students are able to develop critical thinking skills and
problem-solving abilities as they pertain to joint operational
planning and warfighting.
(5) In order for the college to fulfill its mission to
educate officers in joint matters with a curriculum that is
hands-on from the first day of school until the last, the
college must be able to run war games and practical exercises
simultaneously whenever the curriculum dictates. To meet this
requirement, the college must have its own wargaming facility.
(6) Neither the Joint Warfighting Center, which Congress
strongly supported in Public Law 103-160, nor a proposed
wargaming facility for the United States Atlantic Command (both
of which will be located miles from the college), can fulfill
the unique, continuous, on-campus educational requirements of
the college.
(7) Off-site facilities cannot sustain the evolution of the
college to fulfill its potential as a research center for joint
operational excellence whose faculty and advanced students
achieve the highest levels of ability in critical thinking and
problem solving regarding joint matters and, as a consequence,
are capable of using wargaming, simulation, and other
analytical techniques to develop and evaluate advanced
warfighting and campaign concepts and doctrine for the future
employment of joint forces.
(8) The Congress, in the joint statement of managers to
accompany the bill H.R. 2401 of the 103d Congress--
(A) noted that there were ``no current Department
of Defense plans to upgrade the wargaming capability at
the Armed Forces Staff College'';
(B) urged ``that this situation be corrected and
that the Department of Defense, particularly the
Chairman of the Joint Chiefs of Staff and the Secretary
of the Navy, develop plans for a wargaming capability
at AFSC comparable to those at the Army, Navy, and Air
Force professional military education schools''; and
(C) stated that the conferees ``expect the
Department of Defense budget for fiscal year 1995 to
contain a request for funding to upgrade the wargaming
capability at AFSC.''.
(9) The Department of Defense budget request for fiscal
year 1995 did not contain a request for funding to upgrade the
Armed Forces Staff College wargaming capability.
(b) Required Actions.--The Secretary of Defense shall--
(1) upgrade the wargaming capability at the Armed Forces
Staff College to make that capability, at a minimum, comparable
to the wargaming capability at the Army, Navy, and Air Force
professional military education schools;
(2) survey the other facilities and capabilities of the
college (in particular, the library and the classroom
instruction facilities) and upgrade them to make them
comparable to the facilities and capabilities at the Army,
Navy, and Air Force professional military education schools;
(3) include a request for funding the upgrades under
paragraphs (1) and (2) in the Department of Defense budget for
fiscal year 1996; and
(4) submit to the congressional defense committees, not
later than January 15, 1995, a plan for executing those
upgrades.
SEC. 531. PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR FEES FOR
ATTENDANCE AT CERTAIN ACADEMIES.
(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at an academy named
in subsection (c) may be imposed unless the charge or fee is
specifically authorized by a law enacted after the date of the
enactment of this Act.
(b) Exception.--The prohibition specified in subsection (a) shall
not apply with respect to any item or service provided to cadets or
midshipmen at an academy named in subsection (c) for which a charge or
fee is imposed as of the date of the enactment of this Act. The
Secretary of Defense or the Secretary of Transportation, as the case
shall be, shall notify the Congress of any change made by an academy in
the amount of a charge or fee authorized under this subsection.
(c) Covered Academies.--This section applies to the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
SEC. 532. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN STUDENTS AT FOREIGN
LANGUAGE CENTER OF THE DEFENSE LANGUAGE INSTITUTE.
(a) Admission of Civilians as Students.--(1) The Secretary of the
Army may enter into an agreement with an accredited institution of
higher education (or a consortium of such institutions) under which
students enrolled at an institution of higher education that is a party
to the agreement may receive instruction at the Foreign Language Center
of the Defense Language Institute on a cost-reimbursable, space-
available basis.
(2) The Secretary may also permit other persons who would benefit
from the instruction provided at the Center, as determined by the
Secretary, to receive instruction at the Center on a cost-reimbursable,
space-available basis.
(b) Selection and Attendance.--(1) The Secretary shall select the
persons who will be permitted to receive instruction at the Center
pursuant to subsection (a). In the case of agreements under subsection
(a)(1), the Secretary shall consult with the other parties to the
agreements to establish qualifications and methods of selection for
persons to receive instruction at the Center.
(2) Except as the Secretary determines necessary, a person who
receives instruction at the Center pursuant to subsection (a) shall be
subject to the same regulations governing attendance, discipline,
discharge, and dismissal as apply to other persons attending the
Center.
(c) Retention of Funds.--Amounts collected under subsection (a) to
reimburse the Center for the costs of providing instruction to students
under subsection (a) shall be credited to funds available for
compensation of instructors at the Center and to defray direct civilian
student costs to the school.
(d) Center Defined.--For purposes of this section, the term
``Center'' means the Foreign Language Center of the Defense Language
Institute.
(e) Expiration of Authority.--No student may be admitted to the
Center under subsection (a) to commence classes beginning after
September 30, 1997.
SEC. 533. SENSE OF CONGRESS CONCERNING APPROPRIATE DEPARTMENT OF
DEFENSE FORCE STRUCTURE THROUGH 1997.
(a) Findings.--The Congress makes the following findings:
(1) The United States has commited itself to fight and win
two Persian Gulf-type regional wars almost simultaneously. Both
the Bush and Clinton administrations have embraced the so-
called ``win/win'' strategy which requires sizing the military
for two major regional conflicts.
(2) The involvement of the United States in relief efforts
in Somalia, the continued involvement of the United States in
Bosnia, and the possible need for military action in Korea
reaffirm the importance of a sufficient-sized military to deter
aggression and enforce America's interests abroad.
(3) The United States military will be called upon in the
future to perform an increasing number of humanitarian and
relief missions, causing increased strain on the resources of
the Armed Forces.
(4) The United States military force structure has shrunk
dramatically since the Persian Gulf War in 1991. Critical force
enhancements which will not be deployed for several years are
needed to achieve decisive victory in major regional conflicts.
(b) Sense of Congress.--In light of the findings in subsection (a),
it is the sense of Congress that--
(1) through 1997 the United States should have--
(A) not less than 520,000 personnel in the active
forces of the Army;
(B) not less than 11 active aircraft carriers and
one reserve aircraft carrier in the Navy;
(C) not less than 20 active and reserve fighter
wings in the Air Force; and
(D) not less than 174,000 personnel in the active
forces of the Marine Corps;
(2) funding for national defense for fiscal years 1995
through 1997 should be established at a level sufficient to
support the force structure described in paragraph (1) and to
ensure that the United States does not have a hollow force; and
(3) the force structure described in paragraph (1)
represents the minimum level which should be maintained, but
the President should be willing to increase defense spending to
meet new or existing threats.
SEC. 534. DISCHARGE OF MEMBERS WHO ARE PERMANENTLY NONWORLDWIDE
ASSIGNABLE.
(a) In General.--(1) Chapter 59 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1177. Members who are permanently nonworldwide assignable:
mandatory discharge or retirement; counseling
``(a) Required Separation.--A member of the armed forces who is
classified as permanently nonworldwide assignable due to a medical
condition shall (except as provided in subsection (c)) be separated
unless the Secretary concerned determines that the retention of
permanently nonworldwide assignable service members would not adversely
affect the ability of the service to carry out its mission. Such
separation shall be made on a date determined by the Secretary
concerned, which (except as provided in subsection (b)(2)) shall be as
soon as practicable after the date on which the determination is made
that the member should be so classified and not later than the last day
of the twelfth month beginning after that date.
``(b) Form of Separation.--(1) If a member to be separated under
this section is eligible to retire under any provision of law or to be
transferred to the Fleet Reserve or Fleet Marine Corps Reserve, the
member shall be so retired or so transferred. Otherwise, the member
shall be discharged.
``(2) In the case of a member to be discharged under this section
who on the date on which the member is to be discharged is within two
years of qualifying for retirement under any provison of law, or of
qualifying for transfer to the Fleet Reserve or Fleet Marine Corps
Reserve under section 6330 of this title, the member may, as determined
by the Secretary concerned, be retained on active duty until the member
is qualified for retirement or transfer to the Fleet Reserve or Fleet
Marine Corps Reserve, as the case may be, and then be so retired or
transferred, unless the member is sooner retired or discharged under
any other provision of law.
``(c) Exceptions.--The Secretary concerned may waive subsection (a)
with respect to an individual member of the armed forces under the
jurisdiction of that Secretary if the Secretary determines that there
are circumstances that warrant the retention of that member. Such
circumstances may include--
``(1) consideration that the medical condition making the
member permanently nonworldwide assignable was incurred in
combat or otherwise as the result of an action of the member
for which the member received a decoration or other recognition
for personal bravery;
``(2) consideration that the member has a specific
proficiency or skill that is vital to the national security;
and
``(3) any other circumstance that the Secretary considers
to be for the good of the service.
``(d) Counseling About Available Medical Care.--A member to be
separated under this section shall be provided information, in writing,
before such separation of the available medical care (through the
Department of Veterans Affairs and otherwise) to treat the member's
condition. Such information shall include identification of specific
medical locations near the member's home of record or point of
discharge at which the member may seek necessary medical care.
``(e) Separation To Be Considered Involuntary.--A separation under
this section shall be considered to be an involuntary separation for
purposes of any other provision of law.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1177. Members who are permanently nonworldwide assignable: mandatory
discharge or retirement; counseling.''.
(b) Effective Date.--Section 1177 of title 10, United States Code,
as added by subsection (a), shall apply with respect to members
determined to be permanently nonworldwide assignable by reason of a
medical condition before, on, or after the date of the enactment of
this Act. In the case of such a determination made before the date of
the enactment of this Act, the period for the separation of the member
specified in subsection (a) of such section shall be treated as
beginning on the date of the enactment of this Act.
(c) Conforming Amendment.--Section 1174(a)(1) of title 10, United
States Code, is amended by striking out ``section 580'' and inserting
in lieu thereof ``section 580, 1177,''.
SEC. 535. MILITARY RECRUITING ON CAMPUS.
(a) Denial of Funds.--(1) No funds available to the Department of
Defense may be provided by grant or contract to any educational
institution that has a policy of denying, or which effectively
prevents, the Secretary of Defense from obtaining for military
recruiting purposes--
(A) entry to campuses or access to students on campuses; or
(B) access to directory information pertaining to students.
(2) Students referred to in paragraph (1) are individuals who are
17 years of age or older.
(b) Procedures for Determination.--The Secretary of Defense, in
consultation with the Secretary of Education, shall prescribe
regulations that contain procedures for determining if and when an
educational institution has denied or prevented access to students or
information described in subsection (a).
(c) Definition.--For purposes of this section, the term ``directory
information'' means, with respect to a student, the student's name,
address, telephone listing, date and place of birth, level of
education, degrees received, and the most recent previous educational
institution enrolled in by the student.
SEC. 536. SURVEY ON THE STATE OF RACE AND ETHNIC ISSUES IN THE
MILITARY.
(a) Requirement for Survey.--The Secretary of Defense, acting
through the Armed Forces Survey on Race/Ethnic Issues, shall carry out
a biennial survey to measure the state of racial and ethnic issues and
discrimination among active-duty military personnel. The survey shall
solicit information on the race relations climate in the services,
including--
(1) indicators of positive and negative trends of relations
between all racial and ethnic groups; and
(2) the effectiveness of Department of Defense policies
designed to improve race and ethnic relations; and
(3) the effectiveness of current complaints and
investigations processes.
(b) Report to Congress.--The Secretary shall submit to Congress the
results from the first survey under subsection (a) not later than
February 15, 1995, and report the results of future surveys biennially,
thereafter.
SEC. 537. REQUEST FOR POSTHUMOUS COMMISSIONING IN THE ARMY OF TWO
AFRICAN AMERICANS DISCHARGED FROM WEST POINT DUE TO
RACIAL PREJUDICE DURING POST-CIVIL WAR PERIOD.
(a) Request.--The President is authorized and requested to issue,
or have issued, posthumous commissions in the grade of second
lieutenant in the Regular Army--
(1) in the name of James Webster Smith of South Carolina,
the first African American appointed to the United States
Military Academy, who was appointed to the Academy in 1870 and
was subsequently discharged from the Corps of Cadets of the
Academy and from the Army due to extreme racial prejudice; and
(2) in the name of Johnson Chesnut Whittaker of South
Carolina, the third African American appointed to the United
States Military Academy, who was appointed to the Academy in
1876 and was subsequently discharged from the Corps of Cadets
of the Academy and from the Army shortly before his graduation
and commissioning as a second lieutenant due to extreme racial
prejudice.
(b) Treatment of Benefits.--The provisions of section 1523 of title
10, United States Code, apply in the case of a commission issued as
requested in subsection (a).
SEC. 538. DETAIL OF DEPARTMENT OF DEFENSE PERSONNEL TO ASSIST
IMMIGRATION AND NATURALIZATION SERVICE, BORDER PATROL AND
CUSTOMS SERVICE.
(a) Authority of Secretary of Defense.--Section 374 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(d)(1) During each fiscal year, the Secretary of Defense may make
Department of Defense personnel currently stationed in Europe available
to assist--
``(A) at the request of the Attorney General, the
Immigration and Naturalization Service and the United States
Border Patrol in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(B) at the request of the Secretary of the Treasury, the
United States Customs Service in the inspection of cargo,
vehicles, and aircraft at points of entry into the United
States.''.
(b) Effective Date.--This section shall take effect on October 1,
1994.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1995 shall not be made.
(b) Increase in Basic Pay, BAS, and BAQ.--Effective on January 1,
1995, the rates of basic pay, basic allowance for subsistence, and
basic allowance for quarters of members of the uniformed services are
increased by 2.6 percent.
(c) Increase in Cadet and Midshipman Pay.--Effective on January 1,
1995, section 203(c)(1) of title 37, United States Code, is amended by
striking out ``$543.90'' and inserting in lieu thereof ``$558.04''.
SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE UNIFORMED
SERVICES ASSIGNED TO HIGH COST AREAS IN THE CONTINENTAL
UNITED STATES.
(a) Allowance Required.--(1) Chapter 7 of title 37 is amended by
inserting after section 403a the following new section:
``Sec. 403b. Cost-of-living allowance in the continental United States
``(a) Members Eligible.--(1) A member of the uniformed services who
is assigned to a high cost area in the continental United States is
entitled to a cost-of-living allowance under this section.
``(2) A member who is assigned to an unaccompanied tour of duty
outside the continental United States is entitled to a cost-of-living
allowance under this section if the dependents of the member reside in
a high cost area in the continental United States.
``(3) A member who is assigned to duty in the continental United
States and whose dependents, due to the duty location or other
circumstances, must reside in a high cost area in the continental
United States, may be paid a cost-of-living allowance under this
section based on the area where the dependents reside if it would be
inequitable to base the allowance on the duty location of the member.
``(b) Exceptions or Conditions.--(1) A member of the uniformed
services who is otherwise entitled to a cost-of-living allowance under
this section is not entitled to the allowance for the number of days
during which travel is authorized while changing permanent duty
stations.
``(2) A member of a reserve component is not entitled to a cost-of-
living allowance under this section unless the member is on active duty
under a call or order that specifies a tour of active duty of 140 days
or more or states that the active duty is in support of a contingency
operation.
``(c) Annual Allowance Threshold.--Based on the amount of funds
available for a fiscal year to provide cost-of-living allowances under
this section, the Secretary of Defense shall establish annually an
allowance threshold to represent the percentage by which the cost of
living of an area must exceed the national average cost of living in
order to qualify the area as a high cost area for payment of the cost-
of-living allowance to members of the uniformed services described in
subsection (a). However, the allowance threshold for a fiscal year may
not be less than 1.05 nor more than 1.08.
``(d) Determination of National and Area Cost of Livings.--(1) The
Secretary of Defense shall establish the cost-of-living allowance for a
fiscal year by using the Consumer Price Index (as determined by the
Bureau of Labor Statistics of the Department of Labor) or by using a
comparable index developed in the private sector to determine a
national average cost of living and the cost of living for various
areas in the continental United States. To determine the cost of living
of members of the uniformed services, the Secretary shall consider
nonhousing costs (such as transportation, goods, and services) incurred
by members of the uniformed services and average income tax paid by
such members. The Secretary shall reduce the amounts determined to
exclude cost savings attributable to military facilities (such as
commissary, military exchange, and military health care benefits) and
any military subsistence allowance.
``(e) Allowance Factor.--The factor used in a particular high cost
area to calculate the amount of the cost-of-living allowance for a
fiscal year for members of the uniformed services described in
subsection (a) shall be equal to the difference between--
``(1) the cost of living for the high cost area divided by
the national average cost of living; and
``(2) the allowance threshold established under subsection
(c) for that year.
``(f) Amount of Allowance.--The cost-of-living allowance of a
member of the uniformed services described in subsection (a) who is
covered by a particular high cost area is equal to the product of the
basic pay of the member and the allowance factor for that high cost
area determined under subsection (e). The Secretary shall adjust the
amount determined to maintain after-tax purchasing power of the
allowance.
``(g) Definitions.--In this section--
``(1) the term `high cost area' means an area in the
continental United States in which the cost of living, with
respect to a particular fiscal year, exceeds the national
average cost of living by a percentage greater than the
allowance threshold established for that fiscal year under
subsection (c); and
``(2) the term `continental United States' means the 48
contiguous States and the District of Columbia.''.
(2) The table of sections at the beginning of chapter 7 of title
37, United States Code, is amended by inserting after the item relating
to section 403a the following new item:
``403b. Cost-of-living allowance in the continental United States.''.
(b) Application of Amendment.--The Secretary of Defense may not
provide a cost-of-living allowance under section 403b of title 37,
United States Code, as added by subsection (a), before July 1, 1995.
SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE TO MEMBERS OF
SENIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Increase.--Section 209(a) of title 37, United States Code, is
amended by striking out ``$100 a month'' in the first sentence and
inserting in lieu thereof ``$150 a month''.
(b) Application of Increase.--(1) Except as provided in paragraph
(2), the amendments made by subsection (a) shall apply with respect to
months beginning after August 31, 1995.
(2) Upon the approval of the Secretary of Defense, the Secretary of
a military department may implement such amendments at an earlier date
with respect to members of the Senior Reserve Officers' Training Corps
under the jurisdiction of the Secretary if funds are available for the
monthly subsistence allowances authorized by such amendments.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. INCREASE IN AUTHORIZED INCENTIVE SPECIAL PAY FOR CERTIFIED
REGISTERED NURSE ANESTHETISTS.
Section 302e(a)(1) of title 37, United States Code, is amended by
striking out ``$6,000'' and inserting in lieu thereof ``$15,000''.
SEC. 612. EXTENSION OF AUTHORITY FOR PAYMENT OF AVIATION OFFICER
RETENTION BONUS
Section 301b(a) of title 37, United States Code, is amended by
striking out ``September 30, 1994'' and inserting in lieu thereof
``September 30, 1995''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO PERSONAL
EMERGENCIES FOR MEMBERS STATIONED OUTSIDE THE CONTINENTAL
UNITED STATES.
Section 411d(b) of title 37, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding the subparagraphs, by
striking ``from the international airport'' and all
that follows through ``or the international airport
nearest'' and inserting in lieu thereof ``from the
location of the member or dependents, at the time
notification of the personal emergency is received,
or''; and
(B) in subparagraph (A), by striking ``closest to
the international airport'' and inserting in lieu
thereof ``closest to the location''; and
(2) in paragraph (4), by striking ``to the international
airport'' and all that follows through the period and inserting
in lieu thereof ``to the location from which the member or
dependent departed or the member's duty station.''.
SEC. 622. CLARIFICATION OF TRAVEL AND TRANSPORTATION ALLOWANCE OF
FAMILY MEMBERS INCIDENT TO THE SERIOUS ILLNESS OR INJURY
OF MEMBERS.
(a) Allowance in Cases of Brain Death.--Subsection (a) of section
411h of title 37, United States Code, is amended--
(1) in paragraph (1), by striking out ``is necessary for''
and inserting in lieu thereof ``may contribute to''; and
(2) in paragraph (2), by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph:
``(B) is seriously ill, seriously injured, or in a
situation of imminent death, whether or not electrical brain
activity still exists or brain death is declared; and''.
(b) Definition of Health and Welfare.--Subsection (b) of such
section is amended by adding at the end the following new paragraph:
``(3) In this section, the term `health and welfare', with respect
to a member, includes a situation in which a decision must be made by
family members regarding the termination of artificial life support
being provided to the member.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES FOR MILITARY
AND CIVILIAN RETIREE COST-OF-LIVING ADJUSTMENTS FOR
FISCAL YEAR 1995.
(a) In General.--The fiscal year 1995 increase in military retired
pay shall (notwithstanding subparagraph (B) of section 1401a(b)(2) of
title 10, United States Code) first be payable as part of such retired
pay for the month of March 1995.
(b) Definitions.--For the purposes of subsection (a):
(1) The term ``fiscal year 1995 increase in military
retired pay'' means the increase in retired pay that, pursuant
to paragraph (1) of section 1401a(b) of title 10, United States
Code, becomes effective on December 1, 1994.
(2) The term ``retired pay'' includes retainer pay.
(c) Limitation.--Subsection (a) shall be effective only if there is
appropriated to the Department of Defense Military Retirement Fund (in
an Act making appropriations for the Department of Defense for fiscal
year 1995 that is enacted before March 1, 1995) such amount as is
necessary to offset increased outlays to be made from that fund during
fiscal year 1995 by reason of the provisions of subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 1995 to the Department of Defense Military
Retirement Fund the sum of $376,000,000 to offset increased outlays to
be made from that fund during fiscal year 1995 by reason of the
provisions of subsection (a).
SEC. 632. CLARIFICATION OF CALCULATION OF RETIRED PAY FOR OFFICERS WHO
RETIRE IN A GRADE LOWER THAN THE GRADE HELD AT
RETIREMENT.
(a) Prevention of Retired Pay Based on Grade Higher Than Retired
Grade.--Section 1401a(f) of title 10, United States Code, is amended--
(1) in the first sentence, by inserting ``based on the
grade in which the member is retired'' after ``at an earlier
date'';
(2) in the second sentence, by inserting ``, except that
such computation may not be based on a rate of basic pay for a
grade higher than the grade in which the member is retired''
before the period at the end; and
(3) by striking out the third sentence.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to the computation of the retired pay of a member of
the armed forces who retires on or after the date of the enactment of
this Act.
SEC. 633. CREDITING OF RESERVE SERVICE OF ENLISTED MEMBERS FOR
COMPUTATION OF RETIRED PAY.
(a) Army.--(1) Section 3925 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 3991 of this title,''; and
(B) by striking out subsection (c).
(2) The table in section 3991(a)(1) of such title is amended by
striking out ``section 3925'' in formula B under the column designated
``Column 2'' and inserting in lieu thereof ``section 1405''.
(3) The table in section 3992 of such title is amended by striking
out ``section 3925'' in formula A under the column designated ``Column
2'' and inserting in lieu thereof ``section 1405''.
(b) Navy and Marine Corps.--The table in section 6333(a) of title
10, United States Code, is amended by striking out ``his years of
active service in the armed forces'' in formula C under the column
designated ``Column 2'' and inserting in lieu thereof ``the years of
service that may be credited to him under section 1405.''.
(c) Air Force.--(1) Section 8925 of title 10, United States Code,
is amended--
(A) in subsection (a), by striking out ``and of computing
his retired pay under section 8991 of this title,''; and
(B) by striking out subsection (c).
(2) The table in section 8991(a)(1) of such title is amended by
striking out ``section 8925'' in formula B under the column designated
``Column 2'' and inserting in lieu thereof ``section 1405''.
(3) The table in section 8992 of such title is amended by striking
out ``section 8925'' in formula A under the column designated ``Column
2'' and inserting in lieu thereof ``section 1405''.
(d) Conforming Amendment.--Section 1405 of such title is amended by
adding at the end the following new subsection:
``(c) Exclusion of Time Required To Be Made Up.--Time required to
be made up by an enlisted member of the Army or Air Force under section
972 of this title may not be counted in determining years of service
under subsection (a).''.
(e) Effective Date.--This section shall apply to the computation of
the retired or retainer pay of any enlisted member who retires or is
transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on
or after the date of the enactment of this Act.
SEC. 634. MINIMUM REQUIRED RESERVE SERVICE FOR ELIGIBILITY FOR RETIRED
PAY FOR NONREGULAR SERVICE DURING FORCE DRAWDOWN PERIOD.
Section 1331 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) In the case of a person who completes the service
requirements of subsection (a)(2) during the period beginning on the
date of the enactment of this subsection and ending on September 30,
1999, the entitlement of that person, upon application, to retired pay
under this section shall be determined, in the case of the requirement
specified in subsection (a)(3), by substituting `the last six years'
for `the last eight years'.''.
SEC. 635. SBP PREMIUMS FOR RESERVE-COMPONENT CHILD-ONLY COVERAGE.
(a) Determination of Premiums.--Subsection (b) of section 1452 of
title 10, United States Code, is amended to read as follows:
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay
of a participant in the Plan who is providing child-only
coverage (as described in paragraph (4)) shall be reduced by an
amount prescribed under regulations by the Secretary of
Defense.
``(2) No reduction when no child.--There shall be no
reduction in retired pay under paragraph (1) for any month
during which the participant has no eligible dependent child.
``(3) Special rule for certain rcsbp participants.--In the
case of a participant in the Plan who is participating in the
Plan under an election under section 1448(a)(2)(B) of this
title and who provided child-only coverage during a period
before the participant becomes entitled to receive retired pay,
the retired pay of the participant shall be reduced by an
amount prescribed under regulations by the Secretary of Defense
to reflect the coverage provided under the Plan during the
period before the participant became entitled to receive
retired pay. A reduction under this paragraph is in addition to
any reduction under paragraph (1) and is made without regard to
whether there is an eligible dependent child during a month for
which the reduction is made.
``(4) Child-only coverage defined.--For the purposes of
this subsection, a participant in the Plan who is providing
child-only coverage is a participant who has a dependent child
and who--
``(A) does not have an eligible spouse or former
spouse; or
``(B) has a spouse or former spouse but has elected
to provide an annuity for dependent children only.''.
(b) Effective Date.--(1) Except as provided in paragraph (2), the
amendment made by subsection (a) applies to any election for child-only
coverage under a reserve-component annuity under the Survivor Benefit
Plan, whether made before, on, or after the date of the enactment of
this Act.
(2) Paragraph (1) does not apply in a case of an election referred
to in that paragraph that was made before the date of the enactment of
this Act if the participant was informed, in writing, before the date
of the enactment of this Act that no reduction in the participant's
retired pay for child-only coverage would be made during a period when
there was no eligible dependent child.
SEC. 636. DISCONTINUATION OF INSURABLE INTEREST COVERAGE UNDER SURVIVOR
BENEFIT PLAN.
Paragraph (1) of section 1448(b) of title 10, United States Code,
is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) An election under subparagraph (A) for a beneficiary who is
not the former spouse of the person providing the annuity may be
terminated. Any such termination shall be made by a participant by the
submission to the Secretary concerned of a request to discontinue
participation in the Plan, and such participation in the Plan shall be
discontinued effective on the first day of the first month following
the month in which the request is received by the Secretary concerned.
Effective on such date, the Secretary concerned shall discontinue the
reduction being made in such person's retired pay on account of
participation in the Plan or, in the case of a person who has been
required to make deposits in the Treasury on account of participation
in the Plan, such person may discontinue making such deposits effective
on such date.
``(C) A request under subparagraph (B) to discontinue participation
in the Plan shall be in such form and shall contain such information as
may be required under regulations prescribed by the Secretary of
Defense.
``(D) The Secretary concerned shall furnish promptly to each person
who submits a request under subparagraph (B) to discontinue
participation in the Plan a written statement of the advantages and
disadvantages of participating in the Plan and the possible
disadvantages of discontinuing participation. A person may withdraw the
request to discontinue participation if withdrawn within 30 days after
having been submitted to the Secretary concerned.
``(E) Once participation is discontinued, benefits may not be paid
in conjunction with the earlier participation in the Plan and premiums
paid may not be refunded. Participation in the Plan may not later be
resumed except through a qualified election under paragraph (5) of
subsection (a).''.
Subtitle E--Other Matters
SEC. 641. AUTHORITY FOR SURVIVORS TO RECEIVE PAYMENT FOR ALL LEAVE
ACCRUED BY DECEASED MEMBERS.
(a) Removal of 60-Day Limitation.--Subsection (d) of section 501 of
title 37, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``(1)'' after ``(d)''; and
(B) by striking out the last sentence and inserting
in lieu thereof the following: ``The limitations
contained in the second sentence of subsection (b)(3),
subsection (f), and the second sentence of subsection
(g) on the number of days of leave for which payment
may be made shall not apply with respect to payments
made under this subsection.''; and
(2) by striking out paragraph (2).
(b) Conforming Amendment.--Subsection (f) of such section is
amended by striking out ``, (d),'' in the first sentence.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO INCLUDE YOUNG PEOPLE
BEING ADOPTED BY MEMBERS OR FORMER MEMBERS.
(a) Eligibility for Health Benefits.--Section 1072 of title 10,
United States Code, is amended--
(1) in paragraph (2)(D), by striking out ``, including an
adopted child or stepchild,''; and
(2) by adding at the end the following new paragraph:
``(6) The term `child' includes an adopted child, a
stepchild, or an unmarried person placed in the home of a
member or former member of a uniformed service by a State
licensed placement agency (recognized by the Secretary of
Defense) in anticipation of the legal adoption of the person by
the member or former member, who otherwise meets the
requirements specified in paragraph (2)(D).''.
(b) Conforming Amendment.--Section 401(b)(1)(B) of title 37, United
States Code, is amended by striking out ``placement agency for the
purpose of adoption'' and inserting in lieu thereof ``State licensed
placement agency (recognized by the Secretary of Defense) in
anticipation of the legal adoption of the child by the member''.
SEC. 702. TREATMENT OF CERTAIN DEPENDENTS AS CHILDREN FOR PURPOSES OF
CHAMPUS, DEPENDENTS' DENTAL PROGRAM, AND CONTINUED HEALTH
BENEFITS COVERAGE.
(a) CHAMPUS.--Section 1079(a) of title 10, United States Code, is
amended in the first sentence by striking out ``and children'' and
inserting in lieu thereof ``, children, and dependents described in
section 1072(2)(I) of this title''.
(b) Dependents' Dental Program.--Section 1076a of such title is
amended--
(1) in subsection (a)(1), by striking out ``spouses and
children (as described in section 1072(2)(D) of this title)''
and inserting in lieu thereof ``eligible dependents'';
(2) in subsection (e), by striking out ``spouse or child''
and inserting in lieu thereof ``eligible dependent'';
(3) in subsection (f), by striking out ``spouse or
children'' both places it appears and inserting in lieu thereof
``eligible dependents''; and
(4) by adding at the end the following new subsection:
``(h) Eligible Dependent Defined.--In this section, the term
`eligible dependent' means a spouse, child, or dependent described in
section 1072(2)(I) of this title of a member of the uniformed services
who is on active duty for a period of more than 30 days.''.
(c) Continued Health Benefits Coverage.--Section 1078a of such
title is amended--
(1) in subsection (b)(2)(A), by inserting before the
semicolon the following: ``or ceases to meet the requirements
for being considered an unmarried dependent under section
1072(2)(I) of this title'';
(2) in subsection (c)(3)--
(A) by striking out ``child'' both places it
appears and inserting in lieu thereof ``dependent'';
and
(B) by striking out ``child's'' each place it
appears and inserting in lieu thereof ``dependent's'';
(3) in subsection (d)(2)(A)--
(A) by striking out ``child'' the first, second,
and fourth places it appears and inserting in lieu
thereof ``dependent''; and
(B) by striking out ``an unmarried dependent child
under section 1072(2)(D) of this title,'' and inserting
in lieu thereof ``a dependent under subparagraph (D) or
(I) of section 1072(2) of this title;'';
(4) in subsection (d)(2)(B)--
(A) by striking out ``child'' and inserting in lieu
thereof ``dependent''; and
(B) by striking out ``child's'' and inserting in
lieu thereof ``dependent's'';
(5) in subsection (g)(1)(B), by striking out ``an unmarried
dependent child under section 1072(2)(D) of this title'' and
inserting in lieu thereof ``a dependent under subparagraph (D)
or (I) of section 1072(2) of this title''; and
(6) in subsection (g)(2), by striking out ``child'' both
places it appears and inserting in lieu thereof ``dependent''.
SEC. 703. AUTHORIZATION FOR MEDICAL AND DENTAL CARE OF ABUSED
DEPENDENTS OF CERTAIN MEMBERS.
(a) Additional Basis for Care.--Subsection (e) of section 1076 of
title 10, United States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph:
``(1) Subject to paragraph (3), if an abused dependent of a member
of a uniformed service described in paragraph (4) needs medical or
dental care for an injury or illness resulting from the abuse, the
administering Secretary may, upon request of the abused dependent,
furnish medical or dental care to the dependent for the treatment of
such injury or illness in facilities of the uniformed services.''; and
(2) by adding at the end the following new paragraph:
``(4)(A) A member of a uniformed service referred to in paragraph
(1) is a member who--
``(i) receives a dishonorable or bad-conduct discharge or
is dismissed from a uniformed service as a result of a court-
martial conviction for a criminal offense, under either
military or civil law, involving abuse of a dependent of the
member; or
``(ii) is administratively discharged from a uniformed
service as a result of such an offense.
``(B) Whether an offense involved abuse of a dependent of the
member shall be determined in accordance with regulations prescribed by
the administering Secretary for such uniformed service.''.
(b) Conforming Amendments.--Such subsection is further amended--
(1) in paragraph (2), by striking out ``paragraph (1)(A)''
and inserting in lieu thereof ``paragraph (4)''; and
(2) in paragraph (3)(C), by striking out ``paragraph
(1)(A)'' and inserting in lieu thereof ``paragraph (4)''.
SEC. 704. ADDITIONAL AUTHORIZED HEALTH CARE SERVICE AVAILABLE THROUGH
MILITARY HEALTH CARE SYSTEM.
Section 1077(b)(2)(B) of title 10, United States Code, is amended
by inserting after ``artificial limbs'' the following: ``, voice
prostheses,''.
Subtitle B--Changes to Existing Laws Regarding Health Care Management
SEC. 711. EXPANDED USE OF PARTNERSHIP AND RESOURCE SHARING PROGRAMS FOR
IMPROVED COST-EFFECTIVENESS.
Section 1096 of title 10, United States Code, is amended by
inserting at the end the following new subsections:
``(d) Payments by Non-Federal Parties.--An agreement entered into
under subsection (a) may require a civilian health care provider that
is a party to the agreement to make payments to a facility of the
uniformed services in connection with resources specified in subsection
(b) that are provided by the facility under the agreement. Amounts
received by the facility under this subsection shall be credited to the
appropriation supporting the maintenance and operation of the facility
and shall not be taken into consideration in establishing the operating
budget of the facility.
``(e) Reimbursement for License Fees.--In the case of an agreement
entered into under subsection (a) under which personnel of the
uniformed services who are assigned to a facility of the uniformed
services will provide health care services at a facility of a civilian
health care provider, the Secretary of Defense may reimburse the
personnel for any professional license fee that is required by the
governmental jurisdiction in which the civilian health care facility is
located and is paid by the personnel if the Secretary determines that
such reimbursement is necessary to effectively implement the agreement.
The amount of such reimbursement may not exceed $500 per person.''.
SEC. 712. IMPOSITION OF ENROLLMENT FEES FOR MANAGED CARE PLANS.
Section 1097(c) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``In the case of
contracts for health care services under this section or health care
plans offered under section 1099 of this title for which the Secretary
permits covered beneficiaries who are covered by section 1086 of this
title and who participate in such contracts or plans to pay an
enrollment fee in lieu of meeting the deductible amount specified in
section 1086(b) of this title, the Secretary may establish the same (or
a lower) enrollment fee for covered beneficiaries described in section
1086(d)(1) of this title who also participate in such contracts or
plans.''.
SEC. 713. STRENGTHENING MANAGED HEALTH CARE AUTHORITIES.
(a) Amendments to Alternative Health Care Delivery Contracts
Authority.--Section 1097 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) (as amended by section
712) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Coordination With Facilities of the Uniformed Services.--The
Secretary of Defense may provide for the coordination of health care
services provided pursuant to any contract or agreement under this
section with those services provided in medical treatment facilities of
the uniformed services. Subject to the availability of space and
facilities and the capabilities of the medical or dental staff, the
Secretary may not deny access to facilities of the uniformed services
to covered beneficiaries based on enrollment or declination of
enrollment in any program established under, or operating in connection
with, any contract under this section. However, the Secretary may, as
an incentive for enrollment, establish reasonable preferences for
services in facilities of the uniformed services for covered
beneficiaries enrolled in any program established under, or operating
in connection with, any contract under this section.
``(d) Coordination With Other Health Care Programs.--In the case of
a covered beneficiary who has enrolled in a managed health care program
not operated under the authority of this chapter, the Secretary may
contract under this section with such other managed health care program
for the purpose of coordinating the beneficiary's dual entitlements
under such program and this chapter. A managed health care program with
which arrangements may be made under this subsection includes any
health maintenance organization, competitive medical plan, health care
prepayment plan, or other managed care program recognized pursuant to
regulations issued by the Secretary.''.
(b) Amendments to Third Party Collections Program Authority.--
Section 1095 of title 10, United States Code, is amended--
(1) in subsection (b), by striking out ``if that care'' and
all that follows through the period and inserting in lieu
thereof the following: ``shall operate to prevent collection by
the United States under subsection (a) if that care is
provided--
``(1) through a facility of the uniformed services;
``(2) directly or indirectly by a governmental entity;
``(3) to an individual who has no obligation to pay for
that care or for whom no other person has a legal obligation to
pay; or
``(4) by a provider with which the third party payer has no
participation agreement.'';
(2) in subsection (d), by inserting ``and except as
provided in subsection (j),'' after ``(b),'';
(3) in subsection (h)(1), by adding at the end the
following new sentence: ``Such term also includes entities
described in subsection (j) under the terms and to the extent
provided in such subsection.''; and
(4) by adding at the end the following new subsection:
``(j) The Secretary of Defense may enter into an agreement with any
health maintenance organization, competitive medical plan, health care
prepayment plan, or other similar plan (pursuant to regulations issued
by the Secretary) providing for collection under this section from such
organization or plan for services provided to a covered beneficiary who
is an enrollee in such organization or plan.''.
SEC. 714. DELAY IN DEADLINE FOR USE OF HEALTH MAINTENANCE ORGANIZATION
MODEL AS OPTION FOR MILITARY HEALTH CARE.
Section 731 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1696; 10 U.S.C. 1073 note) is
amended--
(1) in subsection (a), by striking out ``after the date of
the enactment of this Act'' and inserting in lieu thereof
``after December 31, 1994'';
(2) in subsection (e), by striking out ``February 1, 1994''
and inserting in lieu thereof ``December 31, 1994''; and
(3) by adding at the end the following new subsection (f):
``(f) Modification of Existing Contracts.--In the case of managed
health care contracts in effect or in final stages of acquisition as of
December 31, 1994, the Secretary may modify such contracts to
incorporate the health benefit option required under subsection (a).''.
SEC. 715. LIMITATION ON REDUCTION IN NUMBER OF RESERVE COMPONENT
MEDICAL PERSONNEL.
Section 518(a) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2407) is amended--
(1) by inserting before the period at the end the
following: ``, unless the Secretary certifies to Congress that
the number of such personnel to be reduced in a particular
military department is excess to the current and projected
needs for personnel in the Selected Reserve of that military
department''; and
(2) by adding at the end the following new sentence: ``The
assessment of current and projected personnel needs under this
subsection shall be consistent with the wartime requirements
for Selected Reserve personnel identified in the final report
on the comprehensive study of the military medical care system
prepared pursuant to section 733 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 1071 note).''.
Subtitle C--Other Matters
SEC. 721. DELAY IN CLOSURE OF ARMY HOSPITAL AT VICENZA, ITALY.
(a) Closure Delay.--During fiscal year 1995, the Secretary of the
Army may not reduce the level of medical care services provided by the
United States Army Hospital at Vicenza, Italy.
(b) Report on Hospital.--Not later than March 1, 1995, the
Secretary of Defense shall submit to Congress a report regarding the
operation of the Army Hospital at Vicenza, Italy. The report shall
contain the following:
(1) A description of the number and demographic
characteristics of members of the Armed Forces on active duty
and covered beneficiaries under chapter 55 of title 10, United
States Code, who typically receive medical care services at the
hospital, including those members and covered beneficiaries
stationed or residing at (or in the immediate vicinity of)
Aviano Air Force Base and Camp Darby.
(2) An analysis of the projected costs or savings,
including the cost of CHAMPUS benefits, resulting from the
programmed closure of the hospital.
(3) A description of the differences in practice patterns
between American and Italian doctors, such as differences in
the normal lengths of stay for the most frequent inpatient
admissions (including childbirth) and the availability of
alternative methods of providing anesthesia during childbirth.
(4) An analysis of the feasibility of establishing a
birthing center for the area and patients currently served by
the hospital, to be staffed primarily by American nurse-
midwives.
(5) A detailed plan for ensuring the availability of
quality medical care, consistent with American medical practice
patterns, for covered beneficiaries residing in Northern Italy.
SEC. 722. DEMONSTRATION PROGRAM FOR ADMISSION OF CIVILIANS AS PHYSICIAN
ASSISTANT STUDENTS AT ACADEMY OF HEALTH SCIENCES, FORT
SAM HOUSTON, TEXAS.
(a) Civilian Attendance.--The Secretary of the Army may enter into
a reciprocal agreement with an accredited institution of higher
education under which students of the institution may attend the
didactic portion of the physician assistant training program conducted
by the Army Medical Department at the Academy of Health Sciences at
Fort Sam Houston, Texas, in exchange for the provision of such academic
services by the institution as the Secretary and the institution
consider to be appropriate to support the physician assistant training
program. The Secretary shall ensure that the Army Medical Department
does not incur any additional costs as a result of the agreement than
the Department would incur to obtain academic services for the
physician assistant training program in the absence of the agreement.
(b) Selection of Students.--(1) Subject to paragraph (2), not more
than 20 civilian students per year may receive instruction at the
Academy pursuant to the agreement under subsection (a). In consultation
with the institution of higher education that is a party to the
agreement, the Secretary shall establish qualifications and methods of
selection for civilian students to receive instruction at the Academy.
The qualifications established shall be comparable to those generally
required for admission to the physician assistant training program at
the Academy.
(2) The Secretary shall ensure that members of the Armed Forces are
not denied enrollment in the physician assistant training program in
order to permit the attendance of civilian students. The maximum annual
enrollment for the program may not be increased solely for the purpose
of permitting civilian students to attend the program.
(c) Rules of Attendance.--Except as the Secretary determines
necessary, a civilian student who receives instruction at the Academy
pursuant to the agreement under subsection (a) shall be subject to the
same regulations governing attendance, discipline, discharge, and
dismissal as apply to military students attending the Academy.
(d) Term and Termination of Agreement.--The term of the agreement
entered into under subsection (a) may not extend beyond September 30,
1997. Either party to the agreement may terminate the agreement at any
time before that date.
(e) Report.--For each year in which the agreement under subsection
(a) is in effect, the Secretary shall submit to Congress a report
specifying the number of civilian students who received instruction at
the Academy under the agreement during the period covered by the report
and accessing the benefits to the United States of the agreement.
(f) Academy Defined.--For purposes of this section, the term
``Academy'' means the Academy of Health Sciences of the Army Medical
Department at Fort Sam Houston, Texas.
SEC. 723. REPORT ON EXPANDED USE OF NONAVAILABILITY OF HEALTH CARE
STATEMENTS.
(a) Report Required.--Not later than December 31, 1994, the
Secretary of Defense shall submit to Congress a report describing the
plans (if any) of the Department of Defense to use the authority
provided in sections 1080(b) and 1086(e) of title 10, United States
Code, regarding making a determination whether to issue a
nonavailability of health care statement. The report shall include an
analysis of the impact of such plans on--
(1) the freedom of choice of covered beneficiaries in
selecting their health care providers;
(2) the access of covered beneficiaries to health care
services;
(3) the quality and continuity of health care services;
(4) the clarity and understandability of the applicable
requirements regarding issuance nonavailability of health care
statements; and
(5) the health care costs incurred by the United States and
covered beneficiaries.
(b) Use of Authority.--During the period beginning on the date of
the enactment of this Act and ending 90 days after the date the
Secretary submits the report required by subsection (a), the Secretary
may not--
(1) expand the number or size of the geographical areas in
which the Secretary is currently using the authority provided
by sections 1080(b) and 1086(e) of title 10, United States
Code; or
(2) implement or use such authority in a manner
inconsistent with the manner in which such authority was
implemented or used as of February 1, 1994.
SEC. 724. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES FOR
COVERED BENEFICIARIES IN CERTAIN AREAS AFFECTED BY BASE
CLOSURES.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should take all appropriate steps, including a
limited continuation of services for managed health care currently
provided to covered beneficiaries described in subsection (b) who are
eligible for such services, to ensure the continuity of health care
services for such beneficiaries during the procurement, transition, and
initial implementation phases of the TRICARE managed care support
contract for Health Services Region Six of the Military Health Services
System of Department of Defense.
(b) Covered Beneficiaries Described.--The covered beneficiaries
referred to in subsection (a) are covered beneficiaries under chapter
55, United States Code, who reside in areas adversely affected by the
closure of England Air Force Base, Louisiana, Bergstrom Air Force Base,
Texas, or Carswell Air Force Base, Texas, and for whom the Secretary of
Defense established a contracted managed health care program, as
required by section 9032 of the Department of Defense Appropriations
Act, 1993 (P.L. 102-396; 106 Stat. 1907).
SEC. 725. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF DEFENSE.
(a) Number of Doses Maintained in Inventory.--The Secretary of
Defense shall direct that the number of doses of oral typhoid vaccine
maintained in inventory by the Department of Defense during a fiscal
year is not less than the number of doses of parenteral injection
typhoid vaccine maintained in inventory by the Department during that
fiscal year.
(b) Waiver.--The Secretary of Defense may waive the applicability
of subsection (a) for a fiscal year if the Secretary determines that
the waiver is necessary for reasons of national security and notifies
Congress of the reasons for the waiver.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Assistance Programs
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Of the amount authorized to be appropriated in section 301(5),
$12,000,000 shall be available for carrying out the provisions of
chapter 142 of title 10, United States Code.
Subtitle B--Acquisition Improvement
PART I--GENERAL IMPROVEMENTS
SEC. 811. CONGRESSIONAL DEFENSE PROCUREMENT POLICY.
Section 2301 of title 10, United States Code, is amended to read as
follows:
``Sec. 2301. Congressional defense procurement policy
``(a) The Congress finds that in order to ensure national defense
preparedness; conserve fiscal resources; enhance science and
technology, research and development, and production capability;
provide for continued development and preservation of an efficient and
responsive defense industrial base; and ensure the financial and
ethical integrity of defense procurement programs, it is in the
interest of the United States that property and services be acquired
for the Department of Defense in the most timely, economic, and
efficient manner consistent with achieving an optimum balance among
efficient processes, full and open access to the procurement system,
and sound implementation of socioeconomic policies. It is therefore the
policy of Congress that--
``(1) full and open competitive procedures shall be used by
the Department of Defense in accordance with the requirements
of this chapter;
``(2) to the maximum extent practicable, the Department of
Defense shall acquire commercial items to meet its needs and
shall require prime contractors and subcontractors, at all
levels, which furnish other than commercial items, to
incorporate to the maximum extent practicable commercial items
as components of items being supplied to the Department;
``(3) when commercial items and components are not
available, practicable, or cost effective, the Department of
Defense shall acquire, and shall require prime contractors and
subcontractors to incorporate, nondevelopmental items and
components to the maximum extent practicable;
``(4) property and services for the Department of Defense
may be acquired by any kind of contract, other than cost-plus-
a-percentage-of-cost contracts, but including multiyear
contracts, that will promote the interest of the United States
and will provide for appropriate allocation of risk between the
Government and the contractor with due regard to the nature of
the property or services to be acquired;
``(5) contracts, when appropriate, shall provide incentives
to contractors to improve productivity through investment in
capital facilities, equipment, flexible manufacturing
processes, and advanced and dual-use technology;
``(6) contracts for advance procurement of components,
parts, and materials necessary for manufacture or for logistics
support of a weapon system should, if practicable, be entered
into in a manner to achieve economic-lot purchases and more
efficient production rates;
``(7) procurement protests and disputes shall be fairly and
expeditiously resolved through uniform interpretation of
relevant laws and regulations;
``(8) the head of an agency shall use advance procurement
planning and market research and develop contract requirements
in such a manner as is necessary to obtain full and open
competition with due regard to the nature of the property or
services to be acquired; but may restrict competitions to
suppliers of commercial items to foster accomplishment of the
above objective; and
``(9) the head of an agency shall develop and maintain an
acquisition career management program to ensure a professional
acquisition work force in accordance with the requirements of
chapter 87 of this title.
``(b) Further, it is the policy of Congress that procurement
policies and procedures for the agencies named in section 2303 of this
title shall, in accordance with the requirements of this title--
``(1) be issued in accordance with and conform to the
requirements of sections 22 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b and 421);
``(2) promote and implement the Congressional policies in
subsection (a) of this section and section 2 of the Office of
Federal Procurement Policy Act (41 U.S.C. 401);
``(3) be implemented to support the requirements of such
agencies in time of war or national emergency as well as in
peacetime;
``(4) promote responsiveness of the procurement system to
agency needs by--
``(A) simplifying and streamlining procurement
processes; and
``(B) providing incentives to encourage contractors
to take actions and make recommendations that would
reduce the costs of property or services to be
acquired;
``(5) facilitate the acquisition of commercial items and
commercial components at or based on commercial market prices,
without requiring contractors to change their business
practices; and
``(6) promote the acquisition and use of commercial items,
commercial components, and nondevelopmental items by requiring
descriptions of agency requirements, whenever practicable, in
terms of functions to be performed or performance required.
``(c) Further, it is the policy of Congress that 20 percent of the
purchases and contracts entered into under this chapter should be
placed with small business concerns and that 5 percent of the purchases
and contracts entered into under this chapter should be placed with
concerns that are small disadvantaged businesses.
``(d) It is also the policy of Congress that qualified nonprofit
agencies for the blind or severely handicapped (as defined in section
2410d(b) of this title) shall be afforded the maximum practicable
opportunity to provide approved commodities and services (as defined in
such section) as subcontractors and suppliers under contracts awarded
by the Department of Defense.''.
SEC. 812. REPEAL OF REQUIREMENT RELATING TO PRODUCTION SPECIAL TOOLING
AND PRODUCTION SPECIAL TEST EQUIPMENT.
(a) Repeal.--Section 2329 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of such title is amended by striking out the item related
to section 2329.
SEC. 813. REPEAL OF VOUCHERING PROCEDURES SECTION.
(a) Repeal.--Section 2355 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by striking out the item relating
to section 2355.
SEC. 814. CLARIFICATION OF PROVISION RELATING TO QUALITY CONTROL OF
CERTAIN SPARE PARTS.
The second sentence of subsection (a) of section 2383 of title 10,
United States Code, is amended to read as follows: ``In establishing
the appropriate qualification requirements, the Secretary of Defense
shall use the Department of Defense qualification requirements that
were used to qualify the original production part, unless the Secretary
determines in writing--
``(A) that there are other requirements sufficiently
similar to those requirements that should be used instead; or
``(B) that any or all such requirements are unnecessary.''.
SEC. 815. CONTRACTOR GUARANTEES REGARDING WEAPON SYSTEMS.
(a) Repeal of Requirement for Report on Waivers.--Subsection (e) of
section 2403 of title 10, United States Code, is amended--
(1) by striking out ``(1)''; and
(2) by striking out paragraph (2).
(b) Provisions To Be Addressed by Regulations.--Subsection (h) of
such section is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The regulations shall include the following:
``(A) Guidelines for negotiating contractor guarantees that
are reasonable and cost effective, as determined on the basis
of the likelihood of defects and the estimated cost of
correcting such defects.
``(B) Procedures for administering contractor guarantees.
``(C) Guidelines for determining the cases in which it may
be appropriate to waive the requirements of this section.''.
PART II--MAJOR SYSTEMS STATUTES
SEC. 821. WEAPON DEVELOPMENT AND PROCUREMENT SCHEDULES.
(a) Deadline and Purpose.--Subsection (a) of section 2431 of title
10, United States Code, is amended--
(1) in the first sentence--
(A) by striking out ``at the same time'' and
inserting in lieu thereof ``not later than 45 days
after''; and
(B) by striking out ``a written report'' and
inserting in lieu thereof ``budget justification
documents''; and
(2) in the second and third sentences, by striking out
``report'' and inserting in lieu thereof ``documents''.
(b) Additional Matters To Be Included.--Subsection (b) of such
section is amended--
(1) by striking out ``include--'' and inserting in lieu
thereof ``include each of the following:'';
(2) by capitalizing the first word in each of paragraphs
(1), (2), and (3);
(3) by striking out the semicolon at the end of paragraphs
(1) and (2) and inserting in lieu thereof a period;
(4) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(5) by amending paragraph (4) to read as follows:
``(4)(A) The most efficient production rate, the most
efficient acquisition rate, and the minimum sustaining rate,
consistent with the program priority established for such
weapon system by the Secretary concerned.
``(B) In this paragraph:
``(i) The term `most efficient production rate'
means the maximum rate for each budget year at which
the weapon system can be produced with existing or
planned plant capacity and tooling, with one shift a
day running for eight hours a day and five days a week.
``(ii) The term `minimum sustaining rate' means the
production rate for each budget year that is necessary
to keep production lines open while maintaining a base
of responsive vendors and suppliers.''.
SEC. 822. SELECTED ACQUISITION REPORT REQUIREMENT.
(a) Definition of Procurement Unit Cost.--
(1) Definition.--Paragraph (2) of section 2432(a) of title
10, United States Code, is amended--
(A) in clause (A), by striking out ``for a fiscal
year'' and all that follows through ``such program in
such fiscal year'';
(B) in clause (B), by striking out ``with such
funds during such fiscal year.'' and inserting in lieu
thereof a period; and
(C) by striking out the last sentence.
(2) Conforming amendments.--Section 2433 of such title is
amended--
(A) in subparagraph (B) of subsection (c)(1), by
striking out ``current'' before ``procurement unit
cost'';
(B) in subsection (d), by striking out ``current''
before ``procurement unit cost'' each place it appears;
and
(C) in subsection (e), by striking out ``current''
before ``procurement unit cost'' both places it
appears.
(b) Exclusion of Firm, Fixed-Price Contracts.--Subsection (a) of
section 2432 of such title is amended in paragraph (3) by inserting
before the period at the end the following: ``and that is not a firm,
fixed price contract''.
(c) Definition of Full Life-Cycle Cost.--Such subsection is further
amended in paragraph (4) by striking out ``has the meaning'' and all
that follows through the end of the paragraph and inserting in lieu
thereof the following: ``means all costs of development, procurement,
military construction, and operations and support, without regard to
funding source or management control.''.
(d) Notice of Proposed Changes in SAR.--Subsection (c) of such
section is amended in paragraph (2) by striking out the second sentence
and inserting in lieu thereof the following: ``Whenever the Secretary
of Defense proposes to make changes in the content of a Selected
Acquisition Report, the Secretary shall submit a notice of the proposed
changes to such committees. The changes shall be considered approved by
the Secretary, and may be incorporated into the report, only after the
end of the 60-day period beginning on the date on which the notice is
received by those committees.''.
(e) Elimination of Certain SAR Requirements.--Such subsection is
further amended in paragraph (3) by striking out subparagraph (C).
(f) Uniform Implementation of Life-Cycle Cost Analysis.--Such
subsection is further amended--
(1) by striking out paragraph (5); and
(2) by adding at the end of subparagraph (A) of paragraph
(3) the following: ``The Secretary of Defense shall ensure that
this subparagraph is implemented in a uniform manner, to the
extent practicable, throughout the Department of Defense.''.
(g) Deadline Revision.--Subsection (f) of such section is amended
by striking out ``60 days'' in the first sentence and inserting in lieu
thereof ``45 days''.
(h) Elimination of Preliminary Report.--Such subsection is further
amended by striking out the second sentence.
(i) Terminology Corrections.--Such section is further amended as
follows:
(1) Subsection (b)(3)(A) is amended by striking out ``full-
scale development or'' in clause (i).
(2) Subsection (c)(3) is amended by striking out ``full-
scale engineering'' in subparagraph (A) and inserting in lieu
thereof ``engineering and manufacturing''.
(3) Subsection (h)(1) is amended by striking out ``full-
scale engineering'' both places it appears and inserting in
lieu thereof ``engineering and manufacturing''.
SEC. 823. UNIT COST REPORT REQUIREMENT.
(a) Revision of Baseline Report Definitions.--
(1) Revision.--Section 2433(a) of title 10, United States
Code, is amended--
(A) in paragraph (2)--
(i) by striking out ``Baseline Selected
Acquisition Report'' and inserting in lieu
thereof ``Baseline Estimate''; and
(ii) by striking out ``Selected Acquisition
Report in which'' and all that follows through
the end of the paragraph and inserting in lieu
thereof ``cost estimate included in the
baseline description for the program under
section 2435 of this title.''; and
(B) by striking out paragraph (4).
(2) Conforming amendments.--Section 2433 of such title is
further amended--
(A) in subsection (c)(1), by striking out
``Baseline Report'' in subparagraphs (A) and (B) and
inserting in lieu thereof ``Baseline Estimate''; and
(B) in subsection (d), by striking out ``Baseline
Report'' in paragraphs (1) and (2) and inserting in
lieu thereof ``Baseline Estimate''.
(b) Contents of Unit Cost Report.--Section 2433(b) of such title is
amended in paragraph (3) by striking out ``Baseline Report was
submitted.'' and inserting in lieu thereof ``contract was entered
into.''.
(c) Elimination of Certain Unit Cost Report Requirement.--Section
2433(c) of such title, as amended by subsection (a), is further
amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)'' after ``(c)''; and
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively.
(d) Constant Base Year Dollars.--Section 2433(f) of such title is
amended by striking out ``include expected inflation'' and inserting in
lieu thereof ``be stated in terms of constant base year dollars (as
described in section 2430 of this title)''.
(e) Contents of SAR.--Subparagraph (I) of section 2433(g)(1) of
such title is amended to read as follows:
``(I) The type of the Baseline Estimate that was included
in the baseline description under section 2435 of this title
and the date of the Baseline Estimate.''.
SEC. 824. REQUIREMENT FOR INDEPENDENT COST ESTIMATES AND MANPOWER
ESTIMATES BEFORE DEVELOPMENT OR PRODUCTION.
(a) Content and Submission of Estimates.--Section 2434 of title 10,
United States Code, is amended by striking out subsection (b) and
inserting in lieu thereof the following:
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations governing the content and submission of the estimates
required by subsection (a). The regulations shall require--
``(1) that the independent estimate of the full life-cycle
cost of a program--
``(A) be prepared by an office or other entity that
is not directly responsible for carrying out the
development or acquisition of the program; and
``(B) include all costs of development,
procurement, military construction, and operations and
support, without regard to funding source or management
control; and
``(2) that the manpower estimate include the total
personnel required--
``(A) to operate, maintain, and support the program
upon full operational deployment; and
``(B) to train personnel to carry out the
activities referred to in subparagraph (A).''.
(b) Terminology Correction and Other Amendment.--Subsection (a) of
such section is amended--
(1) by striking out ``full-scale engineering development''
and inserting in lieu thereof ``engineering and manufacturing
development''; and
(2) by striking out ``cost of the program, together with''
and inserting in lieu thereof ``full life-cycle cost of the
program, and''.
SEC. 825. BASELINE DESCRIPTION.
(a) In General.--Section 2435 of title 10, United States Code, is
amended to read as follows:
``Sec. 2435. Baseline description
``(a) Baseline Description Requirement.--(1) The Secretary of a
military department shall establish a baseline description for each
major defense acquisition program under the jurisdiction of such
Secretary.
``(2) The baseline shall include sufficient parameters to describe
the cost estimate (referred to as the `Baseline Estimate' in section
2433 of this title), schedule, and performance of such major defense
acquisition program.
``(3) No amount appropriated or otherwise made available to the
Department of Defense for carrying out a major defense acquisition
program may be obligated without an approved baseline description
unless such obligation is specifically approved by the Under Secretary
of Defense for Acquisition and Technology.
``(4) A baseline description for a major defense acquisition
program shall be established--
``(A) before the program enters engineering and
manufacturing development; and
``(B) before the program enters production and deployment.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations governing--
``(1) the content of baseline descriptions;
``(2) the submission of reports on deviations of a program
from the baseline description by the program manager to the
Secretary of the military department concerned and the Under
Secretary of Defense for Acquisition and Technology;
``(3) procedures for review of such deviation reports
within the Department of Defense; and
``(4) procedures for submission to, and approval by, the
Secretary of Defense of revised baseline descriptions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 144 of such title is amended by amending the item relating to
section 2435 to read as follows:
``2435. Baseline description.''.
SEC. 826. REPEAL OF REQUIREMENT FOR COMPETITIVE PROTOTYPING IN MAJOR
PROGRAMS.
(a) Repeal.--Section 2438 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 144 of such title is amended by striking out the item relating
to section 2438.
SEC. 827. REPEAL OF REQUIREMENT FOR COMPETITIVE ALTERNATIVE SOURCES IN
MAJOR PROGRAMS.
(a) Repeal.--Section 2439 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 144 of such title is amended by striking out the item relating
to section 2439.
PART III--TESTING STATUTES
SEC. 831. AUTHORIZATION OF LESS THAN FULL-UP TESTING.
Section 2366(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the second sentence of paragraph (1) as
paragraph (3) and in that paragraph by striking out ``such
certification'' and inserting in lieu thereof ``certification
under paragraph (1) or (2)''; and
(3) by inserting before paragraph (3) (as so designated)
the following new paragraph:
``(2) In the case of a covered system (or covered product
improvement program for a covered system), the Secretary may waive the
application of the survivability and lethality tests of this section to
such system or program and instead allow testing of the system or
program in combat by firing munitions likely to be encountered in
combat at components, subsystems, and subassemblies, together with
performing design analyses, modeling and simulation, and analysis of
combat data, if the Secretary certifies to Congress that the
survivability and lethality testing of such system or program otherwise
required by this section would be unreasonably expensive and
impracticable.''.
SEC. 832. LIMITATION ON QUANTITIES TO BE PROCURED FOR LOW-RATE INITIAL
PRODUCTION.
Section 2400(a) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking out ``paragraph (1)'' and inserting
in lieu thereof ``this section''; and
(B) by striking out ``full-scale engineering
development'' and inserting in lieu thereof
``engineering and manufacturing development'';
(2) by redesignating paragraph (4) as paragraph (5) and in
that paragraph by inserting after the first sentence the
following: ``If the quantity exceeds 10 percent of the total
number of articles to be produced, as determined at the
milestone II decision with respect to that system, the
Secretary shall include in the statement the reasons for such
quantity.''; and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The quantity of articles of a major system that may be
procured for low-rate initial production may not be less than one
operationally configured production unit unless another quantity is
established at the milestone II decision.''.
SEC. 833. OPERATIONAL TEST AND EVALUATION OF DEFENSE ACQUISITION
PROGRAMS.
(a) Authority To Use Different Procedures.--Section 2399(b) of
title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The Secretary of Defense may, for a particular major defense
acquisition program, prescribe and apply operational test and
evaluation procedures other than those provided under subsection (a)
and paragraphs (1) through (3) of this subsection if the Secretary
transmits to Congress, before the Milestone II decision is made with
respect to that program--
``(A) a certification that such testing would be
unreasonably expensive and impracticable; and
``(B) a description of the actions taken to ensure that the
system will be operationally effective and suitable when the
system meets initial operational capability requirements.''.
(b) Cross Reference Corrections.--Section 2399 of such title is
further amended--
(1) in subsection (b)(6) (as redesignated by subsection
(a)(1)) and subsection (c)(1), by striking out ``section
138(a)(2)(B)'' and inserting in lieu thereof ``section
139(a)(2)(B)''; and
(2) in subsection (h)(1), by striking out ``section
138(a)(2)(A)'' and inserting in lieu thereof ``section
139(a)(2)(A)''.
PART IV--CIVIL RESERVE AIR FLEET
SEC. 841. DEFINITION OF CONTRACTOR.
Section 9511(8) of title 10, United States Code, is amended--
(1) by striking out ``or'' at the end of clause (A); and
(2) by inserting before the period at the end the
following: ``, or (C) who owns or controls, or will own or
control, new or existing aircraft and who, by contract, commits
some or all of such aircraft to the Civil Reserve Air Fleet''.
SEC. 842. CONSOLIDATION OF PROVISIONS RELATING TO CONTRACTUAL
COMMITMENT OF AIRCRAFT.
Chapter 931 of title 10, United States Code, is amended--
(1) in subsection (a) of section 9512, by inserting
``Authority to Contract.--'' after ``(a)'';
(2) in subsection (c) of section 9512, by striking out
``(c)'' and inserting in lieu thereof ``(d) Authority To
Contract and Pay Directly.--'';
(3) in subsection (b) of section 9512, by striking out
``(b)'' and inserting in lieu thereof ``(c) Terms and Required
Repayment.--'';
(4) by redesignating subsection (a) of section 9513 as
subsection (b) and transferring such subsection (as so
redesignated) to section 9512 and inserting such subsection
after subsection (a);
(5) by redesignating subsection (b) of section 9513 as
subsection (e) and transferring such subsection (as so
redesignated) to the end of section 9512;
(6) in subsection (b) of section 9512, as redesignated and
transferred to such section by paragraph (4)--
(A) by striking out ``under section 9512 of this
title'' and inserting in lieu thereof ``entered into
under this section'', and
(B) by inserting ``Contract Requirements.--'' after
``(b)'';
(7) in subsection (c) of section 9512, as redesignated by
paragraph (3), by striking out ``the terms required by section
9513 of this title and'';
(8) in subsection (e) of section 9512, as redesignated and
transferred to such section by paragraph (5)--
(A) by striking out ``under section 9512 of this
title'' and inserting in lieu thereof ``entered into
under this section'', and
(B) by inserting ``Commitment to Civil Reserve Air
Fleet.--'' after ``(e)''; and
(9) by striking out the heading of section 9513.
SEC. 843. USE OF MILITARY INSTALLATIONS BY CONTRACTORS.
(a) Authority.--Chapter 931 of title 10, United States Code, as
amended by section 842, is further amended by adding at the end the
following new section 9513:
``Sec. 9513. Use of military installations by Civil Reserve Air Fleet
contractors
``(a) Contract Authority.--(1) The Secretary of the Air Force--
``(A) may, by contract entered into with any contractor,
authorize such contractor to use one or more Air Force
installations designated by the Secretary; and
``(B) with the consent of the Secretary of another military
department, may, by contract entered into with any contractor,
authorize the contractor to use one or more installations,
designated by the Secretary of the Air Force, that is under the
jurisdiction of the Secretary of such other military
department.
``(2) The Secretary of the Air Force may include in the contract
such terms and conditions as the Secretary determines appropriate to
promote the national defense or to protect the interests of the United
States.
``(b) Purposes of Use.--A contract entered into under subsection
(a) may authorize use of a designated installation as a weather
alternate, a technical stop not involving the enplaning or deplaning of
passengers or cargo, or, in the case of an installation within the
United States, for other commercial purposes. Notwithstanding any other
provision of the law, the Secretary may establish different levels and
types of uses for different installations and may provide in contracts
under subsection (a) for different levels and types of uses by
different contractors.
``(c) Hold Harmless Requirement.--A contract entered into under
subsection (a) shall provide that the contractor agrees to indemnify
and hold harmless the Air Force (and any other armed force having
jurisdiction over any installation covered by the contract) from all
actions, suits, or claims of any sort resulting from, relating to, or
arising out of any activities conducted, or services or supplies
furnished, in connection with the contract.
``(d) Reservation of Right To Exclude Contractor.--A contract
entered into under subsection (a) shall provide that the Secretary
concerned may, without providing prior notice, deny access to an
installation designated under the contract when the Secretary
determines that it is necessary to do so in order to meet military
exigencies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking out the item relating to section
9513 and inserting in lieu thereof the following:
``9513. Use of military installations by Civil Reserve Air Fleet
contractors.''.
PART V--MISCELLANEOUS
SEC. 851. REGULATIONS ON PROCUREMENT, PRODUCTION, WAREHOUSING, AND
SUPPLY DISTRIBUTION FUNCTIONS.
(a) In General.--Section 2202 of title 10, United States Code, is
amended to read as follows:
``Sec. 2202. Regulations on procurement, production, warehousing, and
supply distribution functions
``The Secretary of Defense shall prescribe regulations governing
the performance within the Department of Defense of the procurement,
production, warehousing, and supply distribution functions, and related
functions, of the Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 131 of such title is amended by striking out the item related
to section 2202 and inserting in lieu thereof the following:
``2202. Regulations on procurement, production, warehousing, and supply
distribution functions.''.
SEC. 852. REPEAL OF REQUIREMENTS REGARDING PRODUCT EVALUATION
ACTIVITIES.
(a) Repeal.--Section 2369 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by striking out the item related
to section 2369.
SEC. 853. CODIFICATION AND REVISION OF LIMITATION ON LEASE OF VESSELS,
AIRCRAFT, AND VEHICLES.
(a) Limitation.--(1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2401 the following new section:
``Sec. 2401a. Lease of vessels, aircraft, and vehicles
``The Secretary of Defense or the Secretary of a military
department may not enter into any contract with a term of 18 months or
more, or extend or renew any contract for a term of 18 months or more,
for any vessel, aircraft, or vehicle, through a lease, charter, or
similar agreement, unless the Secretary has considered all costs of
such contract (including estimated termination liability) and has
determined in writing that the contract is in the best interest of the
Government.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2401 the
following new item:
``2401a. Lease of vessels, aircraft, and vehicles.''.
(b) Repeal of Superseded Provision.--Section 9081 of Public Law
101-165 (103 Stat. 1147; 10 U.S.C. 2401 note) is repealed.
SEC. 854. REPEAL OF APPLICATION OF PUBLIC CONTRACTS ACT TO CERTAIN
NAVAL VESSEL CONTRACTS.
(a) Repeal.--Section 7299 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 633 of such title is amended by striking out the item relating
to section 7299.
SEC. 855. CONSOLIDATION OF LIMITATIONS ON PROCUREMENT OF GOODS OTHER
THAN AMERICAN GOODS.
Section 2534 of title 10, United States Code, is amended--
(1) by striking out subsections (a) through (f); and
(2) by inserting after the section heading the following:
``(a) Limitation on Certain Procurements.--The Secretary of Defense
may procure the following items only if they are manufactured by an
entity that is part of the national technology and industrial base (as
defined in section 2491(1) of this title):
``(1) Buses.--Multipassenger motor vehicles (buses).
``(2) Chemical weapons antidote.--Chemical weapons antidote
contained in automatic injectors (or components for such
injectors), but only if the company that manufactures the item
not only manufactures it in the United States but also meets
the following requirements:
``(A) The company is an existing producer under the
industrial preparedness program at the time the
contract is awarded.
``(B) The company has received all required
regulatory approvals.
``(C) The company has the plant, equipment, and
personnel to perform the contract in existence in the
United States at the time the contract is awarded.
``(3) Valves and machine tools.--(A) Items in the following
categories:
``(i) Powered and non-powered valves in Federal
Supply Classes 4810 and 4820 used in piping for naval
surface ships and submarines.
``(ii) Machine tools in the Federal Supply Classes
for metal-working machinery numbered 3405, 3408, 3410
through 3419, 3426, 3433, 3438, 3441 through 3443,
3445, 3446, 3448, 3449, 3460, and 3461.
``(B) Contracts for the procurement of items described in
subparagraph (A) include contracts--
``(i) for the use of such items in any property
under the control of the Department of Defense,
including Government-owned, contractor-operated
facilities; and
``(ii) entered into by contractors on behalf of the
Department of Defense for the purposes of providing
such items to other contractors as Government-furnished
equipment.
``(C) In any case in which a contract for items described
in subparagraph (A) includes the procurement of more than one
Federal Supply Class of machine tools or machine tools and
accessories, each supply class shall be evaluated separately
for purposes of determining whether the limitation in this
subsection applies.
``(D) This paragraph is effective through fiscal year 1996.
``(4) Air circuit breakers.--Air circuit breakers for naval
vessels.
``(5) Sonobuoys.--Sonobuoys.
``(6) Ball bearings and roller bearings.--Ball bearings and
roller bearings, in accordance with subpart 225.71 of part 225
of the Defense Federal Acquisition Regulation Supplement, as in
effect on October 23, 1992. This paragraph is effective through
fiscal year 1995.
``(b) Exceptions.--The Secretary of Defense may waive the
limitation in subsection (a) with respect to the procurement of an item
listed in that subsection if the Secretary determines that any of the
following apply:
``(1) Application of the limitation would cause
unreasonable costs or delays to be incurred.
``(2) United States producers of the item would not be
jeopardized by competition from a foreign country and that
country does not discriminate against defense items produced in
the United States to a greater degree than the United States
discriminates against defense items produced in that country.
``(3) Application of the limitation would impede
cooperative programs entered into between the Department of
Defense and a foreign country and that country does not
discriminate against defense items produced in the United
States to a greater degree than the United States discriminates
against defense items produced in that country.
``(4) Satisfactory quality items manufactured by an entity
that is part of the national technology and industrial base (as
defined in section 2491(1) of this title) are not available.
``(5) Application of the limitation would result in the
existence of only one source for the item that is an entity
that is part of the national technology and industrial base (as
defined in section 2491(1) of this title).
``(6) The procurement is for an amount less than the
simplified acquisition threshold and simplified purchase
procedures are being used.
``(7) Application of the limitation is not in the national
security interests of the United States.
``(8) Application of the limitation would adversely affect
a United States company.
``(c) Principle of Construction With Future Laws.--A provision of
law may not be construed as modifying or superseding the provisions of
this section, or as requiring funds to be limited, or made available,
by the Secretary of Defense to a particular domestic source by
contract, unless that provision of law--
``(1) specifically refers to this section;
``(2) specifically states that such provision of law
modifies or supersedes the provisions of this section; and
``(3) specifically identifies the particular domestic
source involved and states that the contract to be awarded
pursuant to such provision of law is being awarded in
contravention of this section.''.
SEC. 856. DEPARTMENT OF DEFENSE ACQUISITION OF INTELLECTUAL PROPERTY
RIGHTS.
Section 2386 of title 10, United States Code, is amended by
striking out paragraphs (3) and (4) and inserting in lieu thereof the
following:
``(3) Technical data and computer software.
``(4) Releases for past infringement of patents or
copyrights or for unauthorized use of technical data or
computer software.''.
SEC. 857. DEPARTMENT OF DEFENSE REVIEW OF ANTITRUST CASES WITH NATIONAL
SECURITY IMPLICATIONS.
(a) In General.--Subchapter II of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2508. Antitrust cases with national security implications:
Secretary of Defense review
``(a) Review.--The Secretary of Defense shall conduct a review of
any proposed acquisition of a business concern that is a critical
United States defense supplier with respect to which the Attorney
General or the Federal Trade Commission receives notice under the
antitrust laws. In conducting such review, the Secretary shall assess
the likely effect of the proposed acquisition (if carried out) on the
policy objectives for the national technology and industrial base (as
set forth in section 2501(a) of this title) and on such other
considerations relating to national security as the Secretary considers
appropriate.
``(b) Communication of Views of Secretary.--In any case in which
the Secretary determines, as the result of a review and assessment
under subsection (a), that a proposed acquisition is likely to have an
appreciable effect (whether positive or negative) on the policy
objectives for the national technology and industrial base or on other
considerations relevant to national security (as determined by the
Secretary), the Secretary shall immediately communicate that
determination, in writing, to the Attorney General and the Federal
Trade Commission. The Secretary shall include in such communication the
Secretary's evaluation concerning the proposed acquisition.
``(c) Definition.--In this section, the term `critical United
States defense supplier' means a company organized under the laws of
the United States that is--
``(1) a contractor or critical subcontractor for a major
system, as defined in section 2302(9) of this title;
``(2) a contractor for a contract awarded to a particular
source pursuant to paragraph (3) of section 2304(c) of this
title for the reasons described in clause (A) of that
paragraph; or
``(3) in such other category as the Secretary of Defense
may prescribe by regulation as being critical to the national
technology and industrial base.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2508. Antitrust cases with national security implications: Secretary
of Defense review.''.
SEC. 858. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended
by striking out ``September 30, 1994.'' in the second sentence and
inserting in lieu thereof ``September 30, 1997.''.
Subtitle C--Other Matters
SEC. 871. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Analysis.--Before development under a major defense acquisition
program begins, the Secretary of Defense shall analyze the life-cycle
environmental costs of such program.
(b) Guidance.--The Secretary of Defense shall issue guidance, to
apply uniformly throughout the Department of Defense, regarding--
(1) how to ensure timely compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to major defense acquisition programs (as defined in
section 2430 of title 10, United States Code); and
(2) how to analyze the life-cycle environmental costs for
such major defense acquisition program.
(c) Data Base for NEPA Documentation.--The Secretary of Defense
shall establish and maintain a data base for documents prepared by the
Department of Defense in complying with the National Environmental
Policy Act of 1969 with respect to major defense acquisition programs.
Any such document relating to a major defense acquisition program shall
be maintained in the data base for 5 years after commencement of low-
rate initial production of the program.
SEC. 872. AWARD OF CONTRACTS AND GRANTS ON THE BASIS OF COMPETITION.
(a) Policy.--Section 2301 of title 10, United States Code (as
amended by section 811) is further amended by adding at the end the
following new subsection:
``(e)(1) It is the policy of Congress that the Department of
Defense should not be required by legislation to award a new contract
or grant to a specific non-Federal Government entity (a practice
commonly known as earmarking) for basic research, exploratory
development, advanced technology development, and manufacturing
technology activities. It is further the policy of Congress that any
program, project, or technology identified in legislation be procured
through competitive procedures, and that any such program, project, or
technology not be so narrowly described in legislation that only one
institution qualifies for competition.
``(2) A provision of law may not be construed as requiring the
Department of Defense to award a new contract or grant to a specific
non-Federal Government entity unless that provision of law--
``(A) specifically refers to this subsection;
``(B) specifically identifies the particular non-Federal
Government entity to be awarded the contract or grant; and
``(C) sets forth the national defense purpose to be
fulfilled by requiring the department to award a new contract
or grant to the specified non-Federal Government entity.
``(3) For purposes of this subsection--
``(A) a contract is a new contract unless the work provided
for in the contract is a continuation of the work provided for
in a preceding contract; and
``(B) a grant is a new grant unless the work funded by the
grant is substantially a continuation of the work for which
funding is provided in a preceding grant.''.
SEC. 873. SHIPBUILDING CLAIMS.
(a) Increase in Time Period During Which Adjustments to
Shipbuilding Claims May Be Made.--Section 2405 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking out ``18 months'' and
inserting in lieu thereof ``six years''; and
(2) by striking out subsection (c).
(b) Effective Date.--The amendments made by subsection (a) shall
apply only with respect to contracts entered into after the date of the
enactment of this Act.
SEC. 874. DEMONSTRATION PROJECT ON PURCHASE OF FIRE, SECURITY, POLICE,
PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL GOVERNMENT
AGENCIES.
(a) Demonstration Project.--The Secretary of Defense shall conduct
a demonstration project, beginning October 1, 1994, at Monterey,
California, under which any fire-fighting, security-guard, police,
public works, utility, or other municipal services needed for operation
of any Department of Defense asset in Monterey County, California, may
be purchased from government agencies located within the county of
Monterey. The purchase of such services for the demonstration project
may be made notwithstanding section 2465 of title 10, United States
Code.
(b) Evaluation of Project.--Not later than December 31, 1995, the
Secretary of Defense shall submit to Congress a report evaluating the
results of the project and making any recommendations the Secretary
considers appropriate, including recommendations on whether the
purchase authorities used in conducting the project could be used to
provide similar services at other locations.
SEC. 875. DEFENSE ACQUISITION PILOT PROGRAM.
(a) Designations.--Pursuant to section 809(b) of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1485, 1593; 10 U.S.C. 2430 note), as amended by section 811 of
the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2315, 2450), the following defense acquisition
programs are authorized to be designated for participation in the
Defense Acquisition Pilot Program:
(1) Fire support combined arms tactical trainer (fscatt).--
All contracts directly relating to the procurement of a
training simulation system, including related hardware,
software, and subsystems, to perform collective training of
field artillery gunnery teams, with development of software as
required to generate the training exercises.
(2) Joint direct attack munition (jdam i).--All contracts
directly relating to the development and procurement of a
strap-on guidance kit, using an inertially guided, Global
Positioning System updated guidance kit to enhance the delivery
accuracy of 1000 and 2000 pound bombs in inventory.
(3) Commercial-derivative aircraft (cda).--(A) All
contracts related to acquisition or upgrading of commercial-
derivative aircraft for use in future Air Force airlift,
tanker, and airborne warning and control system requirements.
(B) For purposes of this paragraph, the term ``commercial-
derivative aircraft'' means any of the following:
(i) Any aircraft that is of a type customarily used
in the course of normal business operations for other
than Federal Government purposes, that has been issued
a type certificate by the Administrator of the Federal
Aviation Administration, and--
(I) that has been sold or leased for use in
the commercial marketplace; or
(II) that has been offered for sale or
lease for use in the commercial marketplace.
(ii) Any aircraft that, but for--
(I) modifications of a type customarily
available in the commercial marketplace; or
(II) minor modifications made to meet
Federal Government requirements;
would satisfy the criteria in clause (i).
(b) Authorization for Waivers.--With respect to the programs
described in subsection (a), the Secretary of Defense is authorized to
waive or limit the applicability of the following provisions of law:
(1) Section 2306(b) of title 10, United States Code
(relating to prohibition against contingent fees).
(2) Section 2320 of such title (relating to requirements
pertaining to technical data).
(3) Section 2321 of such title (relating to validation of
proprietary data restrictions).
(4) Section 2324 of such title (relating to requirement for
the disclosure of the identity of suppliers and sources of
supplies).
(5) Section 2393(d) of such title (relating to prohibition
against doing business with certain offerors or contractors).
(6) Section 2402 of such title (relating to prohibition on
limitation of subcontractor direct sales).
(7) Section 2408(a) of such title (relating to prohibition
on certain involvement with persons convicted of defense
contract-related felonies).
(8) Section 2410b of such title (relating to contractor
inventory accounting system standards).
(9) Section 843 of Public Law 103-160 (107 Stat. 1720)
(relating to reports on defense contractors dealings with
terrorist countries).
(c) Conduct of Defense Acquisition Programs.--In the case of each
defense acquisition program designated under subsection (a) for
participation in the Defense Acquisition Pilot Program, the Secretary
of Defense shall--
(1) develop guidelines and procedures for carrying out the
program and the criteria to be used in measuring the success of
the program;
(2) evaluate the potential costs and benefits which may be
derived from the innovative procurement methods and procedures
tested under the program; and
(3) develop the methods to be used to analyze the results
of the program.
(d) Rule of Construction.--Nothing in the amendments made by this
section shall be construed as authorizing the appropriation or
obligation of funds for the programs designated as defense acquisition
pilot programs under subsection (a).
SEC. 876. PREFERENCE FOR LOCAL RESIDENTS.
(a) Preference Allowed.--In entering into contracts with private
entities for services to be performed at a military installation that
is affected by closure or alignment under a base closure law, the
Secretary of Defense may give preference, consistent with Federal,
State, and local laws and regulations, to entities that plan to hire,
to the maximum extent practicable, residents of the vicinity of such
military installation. Contracts for which the preference may be given
include contracts to carry out environmental restoration activities or
construction work at such military installations.
(b) Definition.--In this section, the term ``base closure law''
means the following:
(1) The provisions of title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note).
(2) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(c) Applicability.--Any preference given under subsection (a) shall
apply only with respect to contracts entered into after the date of the
enactment of this Act.
(d) Termination.--This section shall cease to be effective on
September 30, 1997.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANGAGEMENT
SEC. 901. REVISION OF NATIONAL GUARD BUREAU CHARTER.
(a) In General.--(1) Subtitle A of title 10, United States Code, is
amended by inserting after chapter 11 the following new chapter:
``CHAPTER 12--NATIONAL GUARD BUREAU
``291. National Guard Bureau.
``292. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade.
``293. Functions of National Guard Bureau: charter from Secretaries of
the Army and Air Force.
``294. Chief of National Guard Bureau: annual report.
``295. Vice Chief of the National Guard Bureau.
``296. Other senior National Guard Bureau officers.
``297. Definition.
``Sec. 291. National Guard Bureau
``(a) National Guard Bureau.--There is in the Department of Defense
the National Guard Bureau, which is a joint bureau of the Department of
the Army and the Department of the Air Force.
``(b) Purposes.--The National Guard Bureau is the channel of
communications on all matters pertaining to the National Guard, the
Army National Guard of the United States, and the Air National Guard of
the United States between (1) the Department of the Army and Department
of the Air Force, and (2) the several States.
``Sec. 292. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade
``(a) Appointment.--There is a Chief of the National Guard Bureau,
who is responsible for the organization and operations of the National
Guard Bureau. The Chief of the National Guard Bureau is appointed by
the President, by and with the advice and consent of the Senate. Such
appointment shall be made from officers of the Army National Guard of
the United States or the Air National Guard of the United States who--
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(2) have had at least 10 years of federally recognized
commissioned service in an active status in the National Guard;
and
``(3) are in a grade above the grade of brigadier general.
``(b) Term of Office.--An officer appointed as Chief of the
National Guard Bureau serves at the pleasure of the President for a
term of four years. An officer may not hold that office after becoming
64 years of age. An officer may be reappointed as Chief of the National
Guard Bureau.
``(c) Adviser on National Guard Matters.--The Chief of the National
Guard Bureau is the principal adviser to the Secretary of the Army and
the Chief of Staff of the Army, and to the Secretary of the Air Force
and the Chief of Staff of the Air Force, on matters relating to the
National Guard, the Army National Guard of the United States, and the
Air National Guard of the United States.
``(d) Grade.--The Chief of the National Guard Bureau shall be
appointed to serve in a grade above major general.
``Sec. 293. Functions of National Guard Bureau: charter from
Secretaries of the Army and Air Force
``The Secretary of the Army and the Secretary of the Air Force
shall jointly develop and prescribe a charter for the National Guard
Bureau. The charter shall cover the following matters:
``(1) Allocating unit structure, strength authorizations,
and other resources to the Army National Guard of the United
States and the Air National Guard of the United States.
``(2) Prescribing the training discipline and training
requirements for the Army National Guard and the Air National
Guard and the allocation of Federal funds for the training of
the Army National Guard and the Air National Guard.
``(3) Ensuring that units and members of the Army National
Guard and the Air National Guard are trained by the States in
accordance with approved programs and policies of, and guidance
from, the Chief, the Secretary of the Army, and the Secretary
of the Air Force.
``(4) Monitoring and assisting the States in the
organization, maintenance, and operation of National Guard
units so as to provide well-trained and well-equipped units
capable of augmenting the active forces in time of war or
national emergency.
``(5) Planning and administering the budget for the Army
National Guard of the United States and the Air National Guard
of the United States.
``(6) Supervising the acquisition and supply of, and
accountability of the States for, Federal property issued to
the National Guard through the property and fiscal officers
designated, detailed, or appointed under section 708 of title
32.
``(7) Granting and withdrawing, in accordance with
applicable laws and regulations, Federal recognition of (A)
National Guard units, and (B) officers of the National Guard.
``(8) Establishing policies and programs for the employment
and use of National Guard technicians under section 709 of
title 32.
``(9) Supervising and administering the Active Guard and
Reserve program as it pertains to the National Guard.
``(10) Issuing directives, regulations, and publications
consistent with approved policies of the Army and Air Force, as
appropriate.
``(11) Facilitating and supporting the training of members
and units of the National Guard to meet State requirements.
``(12) Such other functions as the Secretaries may
prescribe.
``Sec. 294. Chief of National Guard Bureau: annual report
``(a) Annual Report.--The Chief of the National Guard Bureau shall
submit to the Secretary of Defense an annual report on the state of the
National Guard and the ability of the National Guard to meet its
missions. The report shall be prepared in conjunction with the
Secretary of the Army and the Secretary of the Air Force and may be
submitted in classified and unclassified versions.
``(b) Submission of Report to Congress.--The Secretary of Defense
shall transmit the annual report of the Chief of the National Guard
Bureau to Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be transmitted at the
same time each year that the annual report of the Secretary under
section 113(c) of this title is submitted to Congress.
``Sec. 295. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the National Guard
Bureau, selected by the Secretary of Defense from officers of the Army
National Guard of the United States or the Air National Guard of the
United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
commissioned service in an active status in the National Guard;
and
``(C) are in a grade above the grade of colonel.
``(2) The Chief and Vice Chief of the National Guard Bureau may not
both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves for a term
of four years, but may be removed from office at any time for cause.
``(B) The term of the Vice Chief of the National Guard Bureau shall
end upon the appointment of a Chief of the National Guard Bureau who is
a member of the same armed force as the Vice Chief.
``(4) The Secretary of Defense may waive the restrictions in
paragraph (2) and the provisions of paragraph (3)(B) for a limited
period of time to provide for the orderly transition of officers
appointed to serve in the positions of Chief and Vice Chief of the
National Guard Bureau.
``(b) Duties.--The Vice Chief of the National Guard Bureau performs
such duties as may be prescribed by the Chief of the National Guard
Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau shall be
appointed to serve in a grade above brigadier general.
``(d) Functions as Acting Chief.--When there is a vacancy in the
office of the Chief of the National Guard Bureau or in the absence or
disability of the Chief, the Vice Chief of the National Guard Bureau
acts as Chief and performs the duties of the Chief until a successor is
appointed or the absence or disability ceases.
``(e) Succession After Chief and Vice Chief.--When there is a
vacancy in the offices of both Chief and Vice Chief of the National
Guard Bureau or in the absence or disability of both the Chief and Vice
Chief of the National Guard Bureau, or when there is a vacancy in one
such office and in the absence or disability of the officer holding the
other, the senior officer of the Army National Guard of the United
States or the Air National Guard of the United States on duty with the
National Guard Bureau shall perform the duties of the Chief until a
successor to the Chief or Vice Chief is appointed or the absence or
disability of the Chief or Vice Chief ceases, as the case may be.
``Sec. 296. Other senior National Guard Bureau officers
``(a) Additional General Officers.--(1) In addition to the Chief
and Vice Chief of the National Guard Bureau, there shall be assigned to
the National Guard Bureau--
``(A) two general officers selected by the Secretary of the
Army from officers of the Army National Guard of the United
States who have been nominated by their respective Governors
or, in the case of the District of Columbia, the commanding
general of the District of Columbia National Guard, the senior
of whom while so serving shall hold the grade of major general
and serve as Director, Army National Guard, with the other
serving as Deputy Director, Army National Guard; and
``(B) two general officers selected by the Secretary of the
Air Force from officers of the Air National Guard of the United
States who have been nominated by their respective Governors
or, in the case of the District of Columbia, the commanding
general of the District of Columbia National Guard, the senior
of whom while so serving shall hold the grade of major general
and serve as Director, Air National Guard, with the other
serving as Deputy Director, Air National Guard.
``(2) The officers so selected shall assist the Chief of the
National Guard Bureau in carrying out the functions of the National
Guard Bureau as they relate to their respective branches.
``(b) Other Officers.--There are in the National Guard Bureau a
legal counsel, a comptroller, and an inspector general, each of whom
shall be appointed by the Chief of the National Guard Bureau. They
shall perform such duties as the Chief may prescribe.
``Sec. 297. Definition
``In this chapter, the term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin
Islands.''.
(2) The table of chapters at the beginning of subtitle A of title
10, United States Code, and at the beginning of part I of such
subtitle, are each amended by inserting after the item relating to
chapter 11 the following:
``12. National Guard Bureau 291''.
(b) Conforming Repeal.--(1) Section 3040 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 305 of such
title is amended by striking out the item relating to section 3040.
(c) Conforming Amendment.--The text of section 108 of title 32,
United States Code, is amended to read as follows:
``If, within a time fixed by the President, a State fails to comply
with a requirement of this title, or a regulation prescribed under this
title, the National Guard of that State is barred, in whole or in part,
as the President may prescribe, from receiving money or any other aid,
benefit, or privilege authorized by law.''.
(d) Effective Date.--The amendments made by this section shall take
effect at the end of the 90-day period beginning on the date of the
enactment of this Act.
SEC. 902. ARMY RESERVE COMMAND.
(a) In General.--(1) Chapter 307 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 3083. Army Reserve Command
``(a) Establishment of Command.--There is in the Army a United
States Army Reserve Command, which shall be maintained as a separate
command of the Army. The Army Reserve Command shall be established and
maintained by the Secretary of the Army with the advice and assistance
of the Chief of Staff of the Army.
``(b) Supervision By Chief of Staff.--The Secretary of the Army
shall provide for the Chief of Staff of the Army to exercise
supervision over the Army Reserve Command and to perform all other
responsibilities and functions with respect to such command as are
specified or authorized in subsections (c), (d), and (e) of section
3033 of this title.
``(c) Commander.--Unless otherwise directed by the Secretary, the
Chief of the Army Reserve shall be the commander of the Army Reserve
Command. The commander of the Army Reserve Command reports directly to
the Chief of Staff of the Army.
``(d) Assignment of Forces.--The Secretary of the Army shall assign
to the Army Reserve Command all forces of the Army Reserve.
``(e) Functions of Chief of Staff.--The Chief of Staff of the Army,
acting through the active component command structure, shall--
``(1) be responsible for establishing standards, evaluating
units, validating units, and providing training assistance for
the Army Reserve in the areas of unit training, readiness, and
mobilization;
``(2) establish procedures for the evaluation of reserve
component units by active component units for the purpose of
determining whether, or to what extent, they meet the standards
established under paragraph (1);
``(3) establish policies for acceptance of premobilization
readiness evaluation results where appropriate during a
mobilization in order to minimize the time required to certify
reserve units as ready for combat operations and to avoid
unnecessary duplicative training;
``(4) validate and certify the readiness of reserve
component units after they are mobilized; and
``(5) establish training doctrine (with associated tasks,
conditions, and standards) for individual and unit training and
standards, control of certification, and validation for all
courses, instructors, and students for the Army Reserve.
``(f) Responsibility.--The commander of the Army Reserve Command is
responsible for meeting the standards and complying with the
evaluation, certification, and validation requirements established by
the Chief of Staff pursuant to paragraphs (1) and (2) of subsection
(e).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3083. Army Reserve Command.''.
(b) Conforming Repeal.--Section 903 of Public Law 101-510 (10
U.S.C. 3074 note) is repealed.
(c) Implementation Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Army shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the plans of the Secretary for implementing
of section 3082 of title 10, United States Code, as added by subsection
(a).
(d) Schedule for Implementation.--Implementation of section 3082 of
title 10, United States Code, as added by subsection (a), shall begin
not later than 90 days after the date of the enactment of this Act and
shall be completed not later than one year after such date.
SEC. 903. ASSIGNMENT OF RESERVE FORCES TO COMBATANT COMMANDS.
Section 162 of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(c) Assignment of Reserve Forces.--(1) Except as provided in
subsection (d), reserve component forces shall be subject to paragraphs
(1) and (2) of subsection (a) only after being called or ordered to
active duty (other than for training) in accordance with chapter 39 and
sections 3013, 5013, and 8013 of this title, as applicable.
``(2) The Secretary of each military department, in accordance with
directives issued by the Secretary of Defense, shall allocate reserve
component units under the Secretary's jurisdiction to the combatant
command or commands to which it is expected that they may be assigned
after being called or ordered to active duty (other than for training).
``(3) The commanders of the combatant commands to which a reserve
component unit may be assigned after being called or ordered to active
duty (other than for training) shall establish standards in the areas
of (A) joint training, and (B) readiness to carry out missions assigned
to the commanders. The Secretaries of the military departments, in
accordance with their responsibilities under chapters 303, 503, and 803
of this title, shall prepare reserve component units to meet the
standards established by the commanders of the combatant commands.
``(4) As directed by the Secretary of Defense, and notwithstanding
paragraphs (1), (2), and (3), reserve component special operations
units and personnel designated under section 167(b) of this title may
be treated in the same manner as active forces under paragraph (1) of
subsection (a).
``(d) Authority of Governors Over National Guard.--Nothing in this
section shall be construed to limit or otherwise modify the authorities
reserved to the Governors of the several States over forces of the
National Guard when those forces are not in Federal service.
``(e) Definition.--In this section, the term `forces' refers to
military units and personnel that the Secretary of a military
department has determined, in accordance with the Secretary's
responsibilities under chapter 303, 505, or 803 of this title, as
applicable, to be prepared for the effective prosecution of war, in
accordance with section 3062, 5062, 5063, or 8062 of this title and,
therefore, capable of carrying out missions assigned to the commander
of a combatant command.''.
SEC. 904. BUDGET SUPPORT FOR RESERVE ELEMENTS OF SPECIAL OPERATIONS
COMMAND.
Section 167 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k) Budget Support for Reserve Elements.--The budget proposal for
the special operations command that is submitted to the Secretary of
Defense for any fiscal year may not, without the concurrence of the
Secretary of the military department concerned, propose to eliminate,
or to significantly reduce the level of funding for, a reserve
component special operations unit. The budget proposal for a military
department that is submitted to the Secretary of Defense for any fiscal
year may not, without the concurrence of the commander of the special
operations command, propose funding for special operations forces in
the military personnel budget for a reserve component in that military
department that has the effect of proposing to eliminate, or to
significantly reduce the level of funding for, a reserve component
special operations unit.''.
SEC. 905. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT OF DEFENSE
TO UNDER SECRETARY OF DEFENSE (COMPTROLLER).
(a) In General.--(1) Section 135 of title 10, United States Code,
is amended--
(A) in subsection (a), by striking out ``Comptroller of the
Department of Defense'' and inserting in lieu thereof ``Under
Secretary of Defense (Comptroller)''; and
(B) in subsections (b), (c), (d), and (e), by striking out
``Comptroller'' each place it appears and inserting in lieu
thereof ``Under Secretary of Defense (Comptroller)''.
(2) The heading for such section is amended to read as follows:
``Sec. 135. Under Secretary of Defense (Comptroller)''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 4 of such title is amended to read as follows:
``135. Under Secretary of Defense (Comptroller).''.
(b) Conforming Amendments to Title 10, United States Code.--(1)
Section 131(b)(4) of title 10, United States Code, is amended by
striking out ``Comptroller'' and inserting in lieu thereof ``Under
Secretary of Defense (Comptroller)''.
(2) Section 138(d) of such title is amended by striking out ``and
Comptroller''.
(c) Conforming Amendment to Title 5, United States Code.--Section
5314 of title 5, United States Code, is amended by striking out
``Comptroller of the Department of Defense'' and inserting in lieu
thereof ``Under Secretary of Defense (Comptroller).''.
(d) References in Other Laws.--Any reference to the Comptroller of
the Department of Defense in any provision of law other than title 10,
United States Code, or in any rule, regulation, or other paper of the
United States shall be treated as referring to the Under Secretary of
Defense (Comptroller).
SEC. 906. RECLARIFICATION OF INDEPENDENT STATUS OF DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
Section 139(c) of title 10, United States Code, is amended by
inserting after ``(c)'' the following: ``Within the Office of the
Secretary of Defense, the Director reports to the Under Secretary of
Defense (Comptroller).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1995 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary of
Defense may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary of Defense shall promptly
notify Congress of transfers made under the authority of this section.
SEC. 1002. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.
No funds are authorized to be appropriated under this Act for the
Department of Justice.
SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Committee on Armed Services of the House of Representatives to
accompany the bill H.R. 4301 of the One Hundred Third Congress and
transmitted to the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1004. DATE FOR SUBMISSION OF FUTURE-YEARS MISSION BUDGET.
Section 222(a) of title 10, United States Code, is amended by
striking out ``at the same time that'' in the second sentence and
inserting in lieu thereof ``within 30 days after the date on which''.
SEC. 1005. IDENTIFICATION AND REPORTING OF UNAUTHORIZED APPROPRIATIONS.
(a) In General.--(1) Chapter 9 of title 10, United States Code, is
amended by inserting after section 222 the following new section:
``Sec. 223. Identification of unauthorized appropriations
``(a) Identification.--(1) Upon the enactment of a law making a
defense appropriation, the Secretary of Defense shall determine, with
respect to each defense appropriation provided in that law--
``(A) whether any part of such appropriation provides funds
for an unauthorized program element (as defined in subsection
(c)); and
``(B) if there are funds provided as part of any such
appropriation for an unauthorized program element, the total
amount of funds provided under that appropriation for all such
unauthorized program elements.
``(2) A determination under paragraph (1) shall be made with
respect to a defense appropriation for a fiscal year immediately upon
enactment of the law making that appropriation. However, if as of the
enactment of such law there has not been enacted a law specifically
authorizing appropriations for that fiscal year for the purposes named
in section 114(a) of this title, such determination shall be made
immediately after enactment of such an authorization law.
``(3) Not later than 30 days after the enactment of such an
appropriation or authorization law (whichever is enacted later), the
Secretary shall submit to Congress a report identifying--
``(A) any unauthorized program element; and
``(B) any amount determined under paragraph (1)(B).
``(b) Comptroller General Review and Report.--(1) The Comptroller
General shall promptly review each report of the Secretary under
subsection (a). The Comptroller General shall submit a report to
Congress if the Comptroller General determines--
``(A) that the law with respect to which the Secretary
submitted a report provides appropriations for an unauthorized
program element in addition to those identified in the report
of the Secretary; or
``(B) that a program element identified in that report as
an unauthorized program element is not unauthorized.
``(2) A report under paragraph (1)--
``(A) shall identify those defense appropriations, and
program elements under appropriations, with respect to which
the Comptroller General made determinations under subparagraphs
(A) and (B), respectively, of such paragraph; and
``(B) shall include such comments and recommendations as
the Comptroller General considers appropriate.
``(3) Such a report shall be submitted not later than 30 days after
the date on which the report of the Secretary under subsection (a) is
received by Congress.
``(c) Definitions.--In this section:
``(1) The term `defense appropriation' means an amount
appropriated or otherwise made available by Congress in an
appropriation law for one of the purposes stated in section
114(a) of this title.
``(2) The term `unauthorized program element' means a
program element of a program, project, or activity of the
Department of Defense (as identified in budget documents of the
Department of Defense or in congressional budget documents) for
which an amount is provided under a defense appropriation
(whether or not specified in the appropriation Act concerned)
in an amount greater than the amount authorized by law to be
appropriated for such program element (whether or not such
authorized amount is specified by law), determined by taking
into consideration statutory language, legislative history, and
budget documents submitted to Congress by the Department of
Defense.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``223. Identification of unauthorized appropriations.''.
(b) Effective Date.--Section 223 of title 10, United States Code,
as added by subsection (a), shall apply with respect to amounts
appropriated for fiscal years after fiscal year 1994.
Subtitle B--Counter-Drug Activities
SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF
OTHER AGENCIES.
(a) Extension of Support Authorization.--Section 1004(a) of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374
note) is amended by striking out ``through 1995'' and inserting in lieu
thereof ``through 1997''.
(b) Funding of Support Activities.--Of the amount authorized to be
appropriated for fiscal year 1995 under section 301 for operation and
maintenance with respect to drug interdiction and counter-drug
activities, $40,000,000 shall be available to the Secretary of Defense
for the purposes of carrying out section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).
Subtitle C--Contingency Operations
SEC. 1021. FUNDING FOR CONTINGENCY OPERATIONS.
(a) Restriction.--Section 127a of title 10, United States Code, is
amended--
(1) by striking out paragraph (3) of subsection (b);
(2) by transferring subsection (d) to the end of the
section and redesignating that subsection as subsection (j);
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Limitation on Source of Funds for Contingency Operations.--
The Secretary of Defense may not use amounts in an operation and
maintenance operating forces account (known as a budget activity 1
account) in fully reimbursing the Defense Business Operations Fund
under a plan referred to in subsection (c).'';
(4) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Restriction.--(1) When an operating unit of the armed forces
is assigned to carry out an operational mission for which funds were
not specifically provided in the budget for the then-current fiscal
year, otherwise applicable funding procedures described in paragraph
(2) may not be waived unless the operational mission is designated as a
National Contingency Operation under subsection (a).
``(2) Paragraph (1) applies to a provision of law or a Government
accounting practice that requires (or that has the effect of requiring)
that when an operating unit of the armed forces receives support
services from a support unit of the armed forces that operates through
the Defense Business Operations Fund (or a successor fund), that
operating unit shall reimburse that support unit (or that fund) for the
costs incurred by the support unit (or the fund) in providing such
support.''.
(b) Extension of Uses of Appropriated Fund.--Subsection (e) of such
section is amended--
(1) in the subsection heading, by striking out
``Incremental Personnel Costs Account'' and inserting in lieu
thereof ``National Contingency Operation Non-DBOF Costs Fund'';
(2) in the first sentence, by striking out ``Personnel''
and inserting in lieu thereof ``Non-DBOF Costs''; and
(3) in the second sentence, by inserting before the period
the following: ``and for other costs attributable to a National
Contingency Operation for which funds cannot be provided
through the Defense Business Operations Fund (or a successor
fund), and for no other purpose''.
SEC. 1022. EXTENSION OF AUTHORITY TO ENTER INTO CERTAIN COOPERATIVE
AGREEMENT AUTHORITIES TO INCLUDE THE UNITED NATIONS AND
REGIONAL ORGANIZATIONS OF WHICH THE UNITED STATES IS A
MEMBER.
(a) Logistics Agreements.--Section 2341 of title 10, United States
Code, is amended--
(1) by striking out ``and'' the first place it appears in
paragraph (1) and inserting in lieu thereof a comma, and
(2) by inserting after ``from North Atlantic subsidiary
bodies'' the following: ``, and from the United Nations
Organization or any regional international organization of
which the United States is a member''.
(b) Cross-Servicing Agreements.--Section 2342(a) of such title is
amended--
(1) in paragraph (1)--
(A) by striking out ``or'' at the end of
subparagraph (B);
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) the United Nations Organization or any regional
international organization of which the United States is a
member; or''; and
(2) in paragraph (2), by striking out ``subsidiary body''
both places it appears and inserting in lieu thereof
``organization''.
(c) Method of Payment for Acquisitions and Transfers.--Section
2344(b)(4) of such title is amended by adding at the end the following
new sentence: ``The pricing principles set forth in paragraphs (1) and
(2) shall also apply to agreements under this subchapter with the
United Nations Organization or any regional international organization
of which the United States is a member.''.
(d) Definitions.--Section 2350 of such title is amended--
(1) in paragraph (1)--
(A) by inserting ``(including airlift)'' after
``transportation'';
(B) by inserting ``calibration services,'' after
``maintenance services,''; and
(C) by adding at the end the following new
sentence: ``Such term includes temporary use of general
purpose vehicles and other items of military equipment
not designated as part of the United States Munitions
List pursuant to section 38(a)(1) of the Arms Export
Control Act.''; and
(2) by adding at the end the following new paragraph:
``(4) The term `transfer' means loaning, or otherwise
temporarily providing, logistic support, supplies, and services
under the terms of a cross-servicing agreement.''.
(e) Effective Date.--The amendments made by this section shall
apply with regard to any acquisition or transfer of logistic support,
supplies, and services under the authority of subchapter I of chapter
138 of title 10, United States Code, that is initiated after the date
of the enactment of this Act.
SEC. 1023. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.
(a) OHDACA Programs.--For purposes of section 301 and other
provisions of this Act, programs of the Department of Defense
designated as Oversesas Humanitarian, Disaster, and Civic Aid (OHDACA)
programs are the programs provided by sections 401, 402, 2547, and 2551
of title 10, United States Code, by section 2219 of title 10, United
States Code, as added by section 1024, and by section 1025.
(b) Limitation.--Not more than one-half of the amount authorized to
be appropriated in section 301 for those programs may be obligated
until--
(1) the regulations required to be prescribed by subsection
(a) of section 1504 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1839) have
been prescribed; and
(2) the report required to be submitted by subsection (d)
of that section has been submitted.
SEC. 1024. DISASTER RELIEF.
(a) In General.--Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2219. Disaster relief; Defense Emergency Response Fund
``(a) Domestic Disaster Relief.--The Defense Emergency Response
Fund (established by title V of Public Law 101-165 (103 Stat. 1126)) is
available only for assistance in the case of disasters occurring in the
United States.
``(b) Overseas Disaster Relief.--The Secretary of Defense shall
carry out such foreign disaster assistance as the President may direct
the Secretary to provide. Whenever the Secretary of Defense is directed
to provide disaster relief assistance in the case of a natural or
manmade disaster occurring outside the United States, the Secretary
shall designate the activity of the Department of Defense to provide
that assistance to be a National Contingency Operation under section
127a of this title.
``(c) Organizing Policies and Programs.--Amounts appropriated for
any fiscal year for Oversesas Humanitarian, Disaster, and Civic Aid
(OHDACA) programs of the Department of Defense shall be available for
organizing general policies and programs for disaster relief programs
for disasters occurring outside the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2219. Disaster relief; Defense Emergency Response Fund.''.
SEC. 1025. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING LANDMINES.
(a) Program.--The Secretary of Defense shall carry out a program to
assist other nations in clearing landmines for humanitarian purposes.
Such assistance may be provided in the form of financial assistance,
in-kind or personnel assistance, or both.
(b) Limitation on Actions of United States Personnel.--The
Secretary of Defense shall ensure that United States military personnel
are not engaged in the physical lifting or destroying of landmines
except in support of United States military operations.
(c) Source of Funds.--Of the funds authorized to be appropriated by
section 301 for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA)
programs of the Department of Defense, such sums as determined by the
Secretary of Defense shall be available for the program under
subsection (a) and may be used for--
(1) activities to support the clearing of landmines for
humanitarian purposes, including activities relating to the
furnishing of education, training, technical assistance,
equipment, and technology; and
(2) contributions to nongovernmental organizations that
have experience in landmine clearance to support activities
described in paragraph (1).
Subtitle D--Other Matters
SEC. 1031. ANNUAL REPORT ON DENIAL, REVOCATION, AND SUSPENSION OF
SECURITY CLEARANCES.
(a) In General.--The Secretary of Defense shall submit to Congress,
not later than 90 days after the close of each of fiscal years 1995
through 2000, a report concerning the denial, revocation, or suspension
of security clearances for Department of Defense military and civilian
personnel, and for Department of Defense contractor employees, for that
fiscal year.
(b) Matter To Be Included in Report.--The Secretary shall include
in each such report the following information with respect to the
fiscal year preceding the fiscal year during which the report is
submitted (shown separately for members of the Armed Forces, civilian
officers and employees of the Department of Defense, and employees of
contractors of the Department of Defense):
(1) The number of denials, revocations, and suspensions of
a security clearance, including clearance for special access
programs and for sensitive compartmented information.
(2) For cases involving the denial of a security clearance,
the average time period from the date of the initial
determination and notification to the individual concerned of
the denial of the clearance to the date of the final
determination of the denial, as well as the shortest and
longest time period in such cases.
(3) For cases involving the suspension of a security
clearance, the average time period from the date of the initial
determination and notification to the individual concerned of
the suspension of the clearance to the date of the final
determination of the suspension, as well as the shortest and
longest time period of such cases.
(4) The number of cases in which a security clearance was
suspended in which the resolution of the matter was the
restoration of the security clearance, and the average period
of time for such suspensions.
(5) The number of cases in which an individual who had a
security clearance denied or revoked remained employed with the
employing contractor or agency, or remained a member of the
Armed Forces, for three months, for six months, and for twelve
months after the date of the final determination to deny or
revoke the clearance.
(6) The number of cases in which an individual who had a
security clearance suspended, and in which no final
determination had been made, remained employed with the
employing contractor or agency, or remained a member of the
Armed Forces, for three months, for six months, and for twelve
months after the date of the suspension.
(7) The number of cases in which an appeal was made from a
final determination to deny or revoke a security clearance and,
of those, the number in which the appeal resulted in the
granting or restoration of the security clearance.
SEC. 1032. COMMISSION ON ROLES AND MISSIONS OF THE ARMED FORCES.
(a) Size of Commission.--Section 952(b)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (107 Stat. 1738) is amended by
striking out ``seven members'' and inserting in lieu thereof ``ten
members''.
(b) Conforming Amendment.--Section 956(b)(1) of such Act (107 Stat.
1740) is amended by striking out ``Four members'' and inserting in lieu
thereof ``Six members''.
(c) Deadline for Appointment of Additional Members of Commission.--
The additional members of the Commission on Roles and Missions of the
Armed Forces authorized by the amendment made by subsection (a) shall
be appointed by the Secretary of Defense within 45 days after the date
of the enactment of this Act.
SEC. 1033. PROHIBITION ON AUTHORIZATION OF PAYMENT OF COSTS UNDER
DEFENSE CONTRACTS FOR RESTRUCTURING COSTS OF A MERGER OR
ACQUISITION.
On and after May 4, 1994, the Secretary of Defense may not
authorize payment of any restructuring costs associated with a merger
or acquisition that are incurred by a contractor under contract with
the Department of Defense.
SEC. 1034. TRANSFER OF CERTAIN B-17G AIRCRAFT.
The Secretary of the Air Force shall transfer all right, title, and
interest of the Air Force in a B-17G aircraft, serial number 44-83684,
to the organization known as Planes of Fame, Chino, California.
SEC. 1035. USS INDIANAPOLIS (CA-35): GALLANTRY, SACRIFICE AND A
DECISIVE MISSION TO END WW II.
(a) The Congress finds that--
(1) the USS INDIANAPOLIS served the people of the United
States with valor and distinction throughout World War Two in
action against enemy forces in the Pacific Theater of
operations from 7 December 1941 to 29 July 1945,
(2) the fast and powerful heavy cruiser with its courageous
and capable crew, compiled an impressive combat record during
her victorious forays across the battle-torn reaches of the
Pacific, receiving in the process ten hard-earned Battle Stars
from the Aleutians to Okinawa,
(3) this mighty ship repeatedly proved herself a swift,
hard-hitting weapon of our Pacific Fleet, rendering invaluable
service in anti-shipping, shore bombardments, anti-air and
invasion support roles, serving with honor and great
distinction as Fifth Fleet Flagship under Adm. Raymond
Spruance, USN, and Third Fleet Flagship under Adm. William F.
Halsey, USN,
(4) this gallant ship, owing to her superior speed and
record of accomplishment, transported the world's first
operational atomic bomb to the Island of Tinian, accomplishing
her mission at a record average speed of 29 knots,
(5) following the accomplishment of her mission, the
INDIANAPOLIS departed Tinian for Guam. And from Guam she
embarked for the Leyte Gulf where she would join with the fleet
assembling for the invasion of Japan. And at 0014 hours on 30
July 1945, the USS INDIANAPOLIS was sunk by enemy torpedo
action,
(6) of her crew of 1,198 officers and men, approximately
900 survived the initial torpedo attack. And, owing to the fact
that her communication ability had been destroyed in the
attack, INDIANAPOLIS' sinking was not discovered for 5 fateful
days, during which the survivors suffered incessant shark
attacks, starvation, desperate thirst, and exposure. Only 319
were rescued, and
(7) from her participation in the earliest offensive
actions in the Pacific in World War II to becoming the last
capital ship lost in that conflict, the USS INDIANAPOLIS, and
her crew left an indelible imprint on our nation's struggle to
eventual victory. And this selfless and outstanding performance
of duty reflects great credit upon the ship and her crew, thus
upholding the very highest traditions of the United States
Naval Service.
(b) Therefore, the Congress of the United States, acting on behalf
of the grateful people of the United States, hereby recognizes the
invaluable contributions of the USS INDIANAPOLIS to the ending of WW
II. And on the occasion of the 50th Anniversary of her tragic sinking,
and the dedication of her National Memorial in Indianapolis on July
30th, 1995, the Congress hereby commends this gallant ship and her crew
for selfless and heroic service to the United States of America.
SEC. 1036. SENSE OF CONGRESS CONCERNING COMMENDATION OF INDIVIDUALS
EXPOSED TO MUSTARD AGENTS DURING WORLD WAR II TESTING
ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should issue to each individual described in
subsection (b) a commendation in honorary recognition of the
individual's special service, loyalty, and contribution to the United
States.
(b) Covered Individuals.--Individuals referred to in subsection (a)
are those individuals who, as members of the Armed Forces or employees
of the Department of War during World War II, were exposed (without
their knowledge or consent) to mustard agents in connection with
testing performed by the Department of War during that war.
(c) Notification of Exposure.--The Secretary of Defense shall
notify each surviving individual described in subsection (b) of--
(1) the exposure described in subsection (a);
(2) the possible health effects of the exposure that are
known to the Secretary; and
(3) the likely options available to the individual for
medical treatment for any adverse health effects resulting from
the exposure.
(d) Furnishing of Information to Secretary of Veterans Affairs.--
The Secretary of Defense shall provide to the Secretary of Veterans
Affairs any information of the Department of Defense regarding the
exposure described in subsection (a), including the names of the
individuals described in subsection (b).
SEC. 1037. SENSE OF CONGRESS CONCERNING ELIGIBILITY FOR ARMED FORCES
EXPEDITIONARY MEDAL BASED UPON SERVICE IN EL SALVADOR.
(a) Sense of Congress.--It is the sense of Congress that, for the
purpose of determining eligibility of members and former members of the
Armed Forces for the Armed Forces Expeditionary Medal, the country of
El Salvador during the period beginning on January 1, 1981, and ending
on February 1, 1992, should be treated as having been designated as an
area and a period of time in which members of the Armed Forces
participated in operations in significant numbers and otherwise met the
general requirements for the award of that medal.
(b) Individual Determination.--The Secretary of the military
department concerned should determine whether individual members or
former members of the Armed Forces who served in El Salvador during the
period beginning on January 1, 1981, and ending on February 1, 1992,
meet the individual service requirements for award of the Armed Forces
Expeditionary Medal as established in applicable regulations. Such
determinations should be made as expeditiously as possible after the
date of the enactment of this Act.
SEC. 1038. MILITARY-TO-MILITARY CONTACT PROGRAM.
(a) Authorization.--Of amounts appropriated pursuant to section
301(5) for Defense-wide activities, $45,800,000 shall be available to
continue efforts that were initiated by the commander of a United
States unified command and approved by the chairman of the Joint Chiefs
of Staff for military-to-military contacts and comparable activities
that are designed to assist the military forces of other countries in
understanding the appropriate role of military forces in a democratic
society.
(b) Report to Congress.--Not more than $10,000,000 of the funds
authorized by subsection (a) may be obligated until the Secretary of
Defense submits to Congress a report describing in detail how the
military-to-military contact program will be executed during fiscal
year 1995.
SEC. 1039. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS BASING
ACTIVITIES.
(a) Limitation.--The total amount authorized to be appropriated to
the Department of Defense for operation and maintenance and for
military construction (including construction and improvement of
military family housing) that is obligated to conduct overseas basing
activities during fiscal year 1995 may not exceed $8,181,000,000,
except to the extent provided by the Secretary of Defense under
subsection (b).
(b) Exception.--The Secretary of Defense may increase the amount of
the limitation under subsection (a) by such amount as the Secretary
determines to be necessary in the national interest, except that such
increase may not exceed $400,000,000. The Secretary may not make any
such increase until the Secretary notifies the Congress of the
Secretary's intent to make such an increase and a period of 15 days
elapses after the day on which the notification is received by the
Congress.
(c) Allocations of Savings.--Any amounts appropriated to the
Department of Defense for fiscal year 1995 for the purposes covered by
subsection (a) that are not available to be used for those purposes by
reason of the limitation in that subsection shall be allocated by the
Secretary of Defense for operation and maintenance and for military
construction activities of the Department of Defense at military
installations and facilities located inside the United States.
(d) Definition.--In this section, the term ``overseas basing
activities'' has the meaning given such term in section 1401(d)(2) of
the National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1825), except that such term does not include
activities of the Department of Defense for which funds are provided
through appropriations for Military Personnel.
SEC. 1040. TRANSPORTATION OF CHEMICAL MUNITIONS.
(a) Prohibition of Transportation Across State Lines.--The
Secretary of Defense may not transport any chemical munition that
constitutes part of the chemical weapons stockpile out of the State in
which that munition is located on the date of the enactment of this Act
and, in the case of any such chemical munition not located in a State
on the date of the enactment of this Act, may not transport any such
munition into a State.
(b) Transportation of Chemical Munitions Not in Chemical Weapons
Stockpile.--If it is considered necessary, the Secretary of Defense may
transport to the nearest chemical munitions stockpile storage facility
that has necessary permits for receiving and storing such items any
chemical munitions that are discovered or otherwise come within the
control of the Department of Defense and that do not constitute part of
the chemical weapons stockpile, if the transportation of those
munitions to that facility can be accomplished while protecting public
health and safety.
SEC. 1041. FINDINGS AND SENSE OF CONGRESS CONCERNING THE NORTH ATLANTIC
TREATY ORGANIZATION.
(a) Findings.--The Congress makes the following findings:
(1) The North Atlantic Treaty Organization has served as a
bulwark of peace, security, and democracy for the United States
and the members of the alliance since 1949.
(2) The unswerving resolve of the member states of the
North Atlantic Treaty Organization to mutual defense against
the threat of communist aggression was central to the demise of
the Warsaw Pact.
(3) The North Atlantic Treaty Organization is the most
successful international security organization in history, and
is well suited to help marshal our cooperative political,
diplomatic, economic, and humanitarian efforts, buttressed by
credible military capability aimed at deterring conflict, and
thus contributing to international peace and security.
(4) The threat of instability in Eastern and Central
Europe, as well as in the Southern and Eastern Mediterranean,
continues to pose a fundamental challenge to the interests of
the member states of the North Atlantic Treaty Organization.
(5) North Atlantic Treaty Organization assets have been
deployed in recent years for more than the territorial defense
of alliance members; and the Rome Summit of October 1991
adopted a new strategic concept for the North Atlantic Treaty
Organization that entertained the possibility of operations
beyond the alliance's self-defense area.
(6) In Oslo in July 1992, and in Brussels in December 1992,
the alliance embraced the deployment of North Atlantic Treaty
Organization forces to peacekeeping operations under the
auspices of the United Nations or the Conference on Security
and Cooperation in Europe.
(7) The North Atlantic Treaty Organization should attempt
to cooperate with and seek a mandate from international
organizations such as the United Nations when considering
responses to out of area crises.
(8) Not all members of the international community share a
commonality of interests that would ensure timely action by the
United Nations Security Council.
(9) The security interests of the member countries of the
North Atlantic Treaty Organization must not be held hostage to
indecision at the United Nations or a veto by a permanent
member of the Security Council.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) it should be the policy of the United States that the
North Atlantic Treaty Organization retains the right of
autonomy of action regarding missions in addition to collective
defense should the United Nations Security Council or the
Conference on Security and Cooperation in Europe fail to act;
(2) while it is desirable to work with other international
organizations and arrangements where feasible in dealing with
threats to the peace, the North Atlantic Treaty Organization is
not an auxiliary to the United Nations or other organization;
and
(3) ultimately the member states of the North Atlantic
Treaty Organization reserve the right to act in defense of
their vital interests independent of decisions by any
international organization or arrangement.
SEC. 1042. REPORT ON STATUS OF DEFENSE RANDOM DRUG TESTING PROGRAM.
Not later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit a report to Congress
describing the policy and procedures under which the Armed Forces
conduct random drug testing of members of the Armed Forces, the
frequency of such testing, and the number of members annually required
to submit to such testing. The report shall describe any changes that
were made or proposed to be made to such policy or procedures or to the
frequency of such testing during the one-year period ending on the date
of the enactment of this Act.
SEC. 1043. REDUCTION OF UNITED STATES MILITARY FORCES IN EUROPE.
(a) End Strength Reductions for Military Personnel in Europe.--
Notwithstanding section 1002(c)(1) of the National Defense
Authorization Act, 1985 (22 U.S.C. 1928 note), but subject to
subsection (d), for each of fiscal years 1996, 1997, 1998, and 1999,
the Secretary of Defense shall reduce the end strength level of members
of the Armed Forces of the United States assigned to permanent duty
ashore in European member nations of the North Atlantic Treaty
Organization in accordance with subsection (b).
(b) Reduction Formula.--
(1) Application of formula.--For each percentage point that
the allied contribution level determined under paragraph (2) is
below the goal specified in subsection (c) as of the end of a
fiscal year, the Secretary of Defense shall reduce the end
strength level of members of the Armed Forces of the United
States assigned to permanent duty ashore in European member
nations of NATO by 1,000 for the next fiscal year. The
reduction shall be made from the end strength level in effect,
pursuant to section 1002(c)(1) of the National Defense
Authorization Act, 1985 (22 U.S.C. 1928 note), and subsection
(a) of this section (if applicable), for the fiscal year in
which the allied contribution level is below the goal specified
in subsection (c).
(2) Allied contribution level.--To determine the allied
contribution level with respect to a fiscal year, the Secretary
of Defense shall calculate the aggregate amount of nonpersonnel
costs for United States military installations in European
member nations of NATO that are assumed during that fiscal year
by such nations, except that the Secretary may consider only
those cash and in-kind contributions by such nations that
replace expenditures that would otherwise be made by the
Secretary using funds appropriated or otherwise made available
in defense appropriations Acts.
(c) Annual Goals for Force Reduction.--In continuing efforts to
enter into revised host-nation agreements as described in section
1301(e) of National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1824), the President is urged to seek to have
European member nations of NATO assume an increased share of the
nonpersonnel costs of United States military installations in those
nations in accordance with the following timetable:
(1) By September 30, 1995, 18.75 percent of such costs
should be assumed by those nations.
(2) By September 30, 1996, 37.5 percent of such costs
should be assumed by those nations.
(3) By September 30, 1997, 56.25 percent of such costs
should be assumed by those nations.
(4) By September 30, 1998, 75 percent of such costs should
be assumed by those nations.
(d) Exceptions.--
(1) Minimum end strength authority.--Notwithstanding
reductions required pursuant to subsection (a), the Secretary
of Defense may maintain an end strength of at least 25,000
members of the Armed Forces of the United States assigned to
permanent duty ashore in European member nations of NATO.
(2) Waiver authority.--The President may waive operation of
this section if the President declares an emergency and
immediately informs the Congress of the waiver and the reasons
for the waiver.
(e) Allocation of Force Reductions.--To the extent that there is a
reduction in end strength level for any of the Armed Forces in European
member nations of NATO in a fiscal year pursuant to subsection (a)--
(1) half of the reduction shall be used to make a
corresponding reduction in the authorized end strength level
for active duty personnel for such Armed Force for that fiscal
year; and
(2) half of the reduction shall be used to make a
corresponding increase in permanent assignments or deployments
of forces in the United States or other nations (other than
European member nations of NATO) for each such Armed Force for
that fiscal year, as determined by the Secretary of Defense.
(f) Nonpersonnel Costs Defined.--For purposes of this section, the
term ``nonpersonnel costs'', with respect to United States military
installations in European member nations of NATO, means costs for those
installations other than costs paid from military personnel accounts.
SEC. 1044. REPORT ON MILITARY READINESS IMPLICATIONS OF BOSNIA
PEACEKEEPING DEPLOYMENT.
(a) Report.--(1) The Secretary of Defense shall submit to the
congressional defense committees a report assessing the implications
for United States military readiness of the participation of United
States ground combat forces in peacekeeping operations within Bosnia-
Hercegovina.
(2) The report shall be submitted not later than 90 days after the
date of the enactment of this Act or 30 days following the deployment
of United States ground forces to Bosnia-Hercegovina, whichever occurs
sooner.
(b) Matters To Be Included.--The report under subsection (a) shall
include the following:
(1) An estimate of the total number of forces required to
carry out such an operation, including forces required for a
rotation base.
(2) An estimate of the expected duration of such an
operation.
(3) An estimate of the cost of such an operation, together
with an explanation of how the Secretary proposes to provide
funds for such an operation and an assessment of how such
proposed funding plan would affect overall military readiness.
(4) An assessment of the effect such an operation would
have on the ability of the United States Armed Forces to
execute successfully the two nearly-simultaneous major regional
conflict strategy articulated in the Bottom-Up Review.
(5) An assessment of how readily forces participating in
such an operation could be redeployed to a major regional
conflict, including an analysis of the availability of
strategic lift, the likely condition of equipment, and the
extent of retraining necessary to facilitate such a
redeployment.
(6) An assessment of the effect such an operation would
have on the general combat readiness and deployability of
combat units designated to be part of the contingency force,
including the extent to which contingency force combat units
would support the initial deployment and subsequent rotations.
(7) An assessment of the effect such an operation would
have on the general combat readiness and deployability of
combat units not designated to be part of the contingency
force, including the extent to which non-contingency force
combat units would support the initial deployment and
subsequent rotations.
(8) For the initial deployment and subsequent rotations, an
assessment of the number and type of combat support and combat
service support units required from active forces, including
how many of such units are designated to support the deployment
of the contingency force.
(9) An assessment of the degree to which such an operation
would require the use of reserve component units and personnel
and the use and timing of involuntary Selected Reserve call-up
authority as provided by section 673b of title 10, United
States Code.
(10) An assessment of the anticipated cost of equipment
refurbishment resulting from such an operation.
(11) An assessment of how the increased operational tempo
associated with such an operation would affect the mission
capable readiness rates and overall health of both strategic
and theater airlift assets.
(c) Definitions.--For purposes of this section:
(1) The term ``contingency force'' includes--
(A) the set of four or five Army divisions that is
designated as the Army contingency force by the
Secretary of the Army, as well as Army active duty and
reserve component combat, combat support, and combat
service support units designated to respond to a
regional conflict within the first 75 days of such
conflict; and
(B) Air Force, Navy, and Marine Corps active duty
and reserve component combat, combat support, and
combat service support units designated to respond to a
regional conflict within the first 75 days of such
conflict.
(2) The term ``Bottom-Up Review'' means the October 1993
Department of Defense report entitled ``Report on the Bottom-Up
Review''.
(d) Classification of Report.--The report required by subsection
(a) shall be submitted in unclassified form and, if necessary, in
classified form.
SEC. 1045. REPORT ON LESSONS LEARNED FROM UNITED STATES ACTIVITIES IN
SOMALIA.
(a) Report.--The Secretary of Defense shall submit to Congress a
report on the lessons learned from the United States participation in
United Nations activities in Somalia.
(b) Matters To Be Included.--The report shall--
(1) specifically describe the availability of intelligence
on forces of other nations and of indiginous forces operating
in Somalia before, during, and after the insertion of United
States forces; and
(2) set forth a complete review of any intelligence
failures, any equipment failures, and any equipment
unavailability in the theater.
(c) Submission of Report.--The report shall be submitted not later
than 180 days after the date of the enactment of this Act.
SEC. 1046. SENSE OF CONGRESS CONCERNING SAFE, SECURE DISMANTLEMENT OF
SOVIET NUCLEAR ARSENAL.
(a) Findings.--Congress makes the following findings:
(1) It is a pressing national security challenge for the
United States to expedite the safe, secure dismantlement of the
nuclear arsenal of the former Soviet Union.
(2) In particular, it is essential to expedite the return
of strategic nuclear warheads from Ukraine, Belarus, and
Kazakhstan and to expedite the safe, secure dismantlement of
the nuclear delivery vehicles of Ukraine, Belarus, and
Kazakhstan.
(3) Leakage of nuclear materials and technology, and the
continuing threat of emigration of scientists and technicians
from the former Soviet nuclear weapons complex, pose a grave
threat to United States national security and to international
stability.
(4) Congress has authorized so-called ``Nunn-Lugar'' funds
to enable the Department of Defense to carry out cooperative
activities with states of the former Soviet Union to address
these threats.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and and the Secretary of State
should continue to give their serious attention to carrying out
a coordinated strategy for addressing this urgent national
security issue;
(2) the United States should expedite the availability and
effective application of so-called ``Nunn-Lugar'' funds;
(3) when possible, the United States should work with local
contractors in Ukraine, Belarus, Kazakhstan, and Russia to
expedite effective use of such funds; and
(4) efforts should be made to make the Science and
Technology Centers in Moscow and Kiev, designed to slow the
emigration of scientists and technicians from the former Soviet
weapons complex, fully operational on an expedited basis.
SEC. 1047. COORDINATION OF MILITARY-TO-MILTIARY CONTACT PROGRAMS.
(a) Limitation.--None of the amount authorized in this Act for
Cooperative Threat Reduction programs may be obligated for a military-
to-military contact program until the Secretary of Defense and the
Secretary of State submit to Congress a joint report on the
coordination of military-to-military contact programs under their
respective jurisdictions.
(b) Covered Programs.--Programs to be covered in the report under
subsection (a) are the following:
(1) Military-to-miltiary contact programs to be carried out
using funds authorized in this Act for Cooperative Threat
Reduction programs.
(2) Military-to-military contact programs authorized under
other provisions of this Act.
(3) Military-to-military contact programs authorized under
chapter 5 of part II of the Foreign Assistance Act of 1961.
(c) Matters To Be Included.--The report shall include discussion of
how those programs are carried out to maximize their effect in
enhancing United States foreign policy objectives and how they are
carried out to maximize their cost-efficiency.
SEC. 1048. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1207 of the Cooperative Threat Reduction Act of 1993 (title
XII of Public Law 103-60; 107 Stat. 1782) is amended--
(1) by striking out ``Not later than April 30, 1994, and
not later than October 30, 1994,'' and inserting in lieu
thereof ``Not later than April 30 and not later than October 30
of each year,'';
(2) by striking out ``under this title'' and inserting in
lieu thereof ``under programs described in section 1203(b)'';
and
(3) in paragraph (3), by striking out ``this title'' and
inserting in lieu thereof ``the programs described in section
1203(b)''.
SEC. 1049. LIMITATION ON COOPERATIVE THREAT REDUCTION PROGRAM RELATING
TO OFFENSIVE BIOLOGICAL WEAPONS PROGRAM OF RUSSIA.
None of the amount authorized to be appropriated by this Act for
Cooperative Threat Reduction programs may be obligated until the
President certifies to Congress that Russia has terminated its
offensive biological weapons program.
SEC. 1050. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED
STATES SHARE OF COSTS OF UNITED NATIONS PEACEKEEPING
OPERATIONS.
No funds authorized to be appropriated by this Act may be
transferred or obligated for the payment of the assessed share of the
United States for costs of United Nations peacekeeping operations or
for any arrearages derived therefrom.
SEC. 1051. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT POW/MIAS WHO
REMAIN UNACCOUNTED FOR.
(a) Single Point of Contact.--The Secretary of Defense shall
designate an official of the Department of Defense to serve as a single
point of contact within the department for the immediate family members
(or their designees) of any unaccounted-for Korean Conflict POW/MIA.
(b) Unaccounted-For Korean Conflict POW/MIA Defined.--For purposes
of this section, the term ``unaccounted-for Korean Conflict POW/MIA''
means a member of the Armed Forces or civilian employee of the United
States who, as a result of service during the Korean Conflict, was at
any time classified as a prisoner of war or missing-in-action or
otherwise as unaccounted for and whose person or remains have not been
returned to United States control and who remains unaccounted for.
(c) Functions.--The official designated under subsection (a) shall
serve as a liaison between the family members of unaccounted-for Korean
Conflict POW/MIAs and the Department of Defense and other Federal
departments and agencies that may hold information that may relate to
unaccounted-for Korean Conflict POW/MIAs. The functions of that
official shall include assisting family members--
(1) with procedures the family may follow in their search
for information about the unaccounted-for Korean Conflict POW/
MIA;
(2) in learning where they might locate information about
the unaccounted-for Korean Conflict POW/MIA; and
(3) in learning how and where to identify classified
records that contain pertinent information and that will be
declassified.
(d) Assistance In Obtaining Declassification.--The official
designated under subsection (a) shall seek to obtain the rapid
declassification of any relevant classified records that are
identified.
(e) Repository.--The official designated under subsection (a) shall
provide for a centralized repository for all documents relating to
unaccounted-for Korean Conflict POW/MIAs that are located as a result
of the official's efforts.
SEC. 1052. REPORT ASSESSING THE REGIONAL SECURITY CONSEQUENCES OF
UNITED STATES MILITARY COOPERATION PROGRAMS.
(a) Report.--On or before the date of the submission to Congress of
the next annual report of the Secretary of Defense submitted after the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report assessing the national security
consequences of United States military cooperation programs. The report
shall be organized into separate sections for each region of the world
(as defined by the Secretary) in which there is a significant degree of
internal political instability or possibility of changes in the
external policies of countries with which the United States has
significant military cooperation relationships.
(b) Matters To Be Included.--Each regional section of the report
required under subsection (a) shall include the following:
(1) A description of cooperative military relationships in
effect between the United States and the countries of the
region.
(2) A description of how these activities are intended to
improve regional security.
(3) An assessment of the risks associated with engaging in
military cooperation programs with countries in the region
should the government of any of such country change its
political orientation in a manner hostile to United States
interests.
(4) An analysis of the effect on regional security of
possible multilateral actions to reduce the military capability
of governments and military forces in the region that could
pose a future threat to United States interests.
(c) Classified and Unclassified Form of Report.--The report under
subsection (a) shall be submitted in unclassified form and, to the
extent necessary, in classified form.
SEC. 1053. STUDY ON USE OF LOW-ENRICHED URANIUM TO FUEL NAVAL REACTORS.
Not later than June 1, 1995, the Secretary of Defense and the
Secretary of Energy shall jointly submit to the Congress a report on
the costs, advantages, and disadvantages of using low-enriched uranium
to fuel naval reactors. The report shall include the following:
(1) An examination of the implications of using low-
enriched uranium to fuel naval reactors for current and future
United States nuclear-powered naval vessels.
(2) An assessment of the effects of such use on--
(A) the factors of operating performance, ship
displacement, and reactor core life, including the full
range of plausible trade-offs between such factors;
(B) construction and operating costs; and
(C) naval fuel cycle impacts.
(3) An assessment of the effect on United States nuclear
nonproliferation policies if such use were established, under
the leadership of the United States, as the future global norm.
(4) An assessment of the relative complexity,
effectiveness, and risks of safeguards as applied to low-
enriched uranium and highly-enriched uranium naval fuel cycles
under the President's proposal for a global cutoff in the
production of fissile material or outside of safeguards.
(5) An assessment of the potential Federal budget savings
that would result from such use.
SEC. 1054. SENSE OF CONGRESS CONCERNING NUCLEAR NONPROLIFERATION TREATY
REVIEW CONFERENCE.
(a) Findings.--Congress makes the following findings:
(1) The Treaty on the Non-Proliferation of Nuclear Weapons,
signed at Washington, D.C., London, and Moscow on July 1, 1968, is the
centerpiece of global efforts to prevent the spread of nuclear weapons.
(2) The United States has demonstrated longstanding support
for that treaty and related efforts to prevent the spread of nuclear
weapons.
(3) President Clinton has declared that preventing the spread
of nuclear weapons is one of the highest priorities of his
Administration.
(4) In April 1995, the parties to the Treaty on the Non-
Proliferation of Nuclear Weapons will convene a Review Conference in
New York City to discuss the indefinite extension of the treaty.
(5) The policy of the President is to seek at the Review
Conference the indefinite and unconditional extension of that treaty.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President has the full support of Congress in
seeking the indefinite and unconditional extension of the
Treaty on the Non-Proliferation of Nuclear Weapons;
(2) the President should as soon as possible fill those
positions at the United States Arms Control and Disarmament
Agency and other departments and agencies with responsibility
for nonproliferation and the 1995 Review Conference for the
Treaty on the Non-Proliferation of Nuclear Weapons;
(3) the President, when formulating and implementing other
elements of nonproliferation policy of the United States
(including United States counter proliferation doctrine, the
nuclear Posture Review, and nuclear testing policy), should
take into account the objectives of the United States at the
1995 Review Conference for the Treaty on the Non-Proliferation
of Nuclear Weapons; and
(4) the President and the President's senior national
security advisers should dedicate themselves to ensuring the
indefinite and unconditional extension of the Treaty on the
Non-Proliferation of Nuclear Weapons at the 1995 Review
Conference for that treaty.
SEC. 1055. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL
RESTORATION ACTIVITIES.
(a) Establishment of Restoration Advisory Boards.--Section 2705 of
title 10, United States Code, is amended by adding after subsection (c)
the following new subsection:
``(d) Restoration Advisory Board.--In lieu of establishing a
technical review committee under subsection (c), the Secretary may
permit the establishment of a restoration advisory board in connection
with any installation (or group of nearby installations) where the
Secretary is planning or implementing environmental remediation
activities. The Secretary shall prescribe regulations regarding the
duties, composition, and establishment of, and the payment of routine
administrative expenses of, restoration advisory boards to be
established pursuant to this subsection.''.
(b) Assistance for Citizen Participation on Technical Review Boards
and Restoration Advisory Boards.--Such section is further amended by
adding after subsection (d) (as added by subsection (a)) the following
new subsection:
``(e) Assistance for Citizen Participation.--(1) Using such amounts
as may be made available under paragraph (3), and pursuant to
regulations prescribed by the Secretary for this purpose, the Secretary
shall provide funds to facilitate the participation of private
individuals on technical review committees and restoration advisory
boards for the purpose of ensuring public input into the planning and
implementation of environmental remediation activities at installations
where such committees and boards are in operation.
``(2) Funds provided under this subsection may be used only--
``(A) to obtain technical assistance in interpreting
scientific and engineering issues with regard to the nature of
environmental hazards at an installation and the remedial
activities proposed or conducted at the installation; and
``(B) to assist such members and affected citizens to more
effectively participate in the environmental restoration
process at the installation.
``(3) To provide funds under this subsection for a fiscal year,
there shall be available an amount up to \1/4\ of one percent of the
appropriated funds (but not to exceed $7,500,000 for fiscal year 1995)
available to the Secretary for that year for environmental restoration
through--
``(A) the Defense Environmental Restoration Account; and
``(B) with respect to defense facilities to be closed or
realigned, the Department of Defense Base Closure Account
1990.''.
(c) Involvement of Committees and Boards in Defense Environmental
Restoration Program.--Such section is further amended by adding after
subsection (e) (as added by subsection (b)) the following new
subsection:
``(f) Involvement in Defense Environmental Restoration Program.--
Consistent with regulations prescribed by the Secretary, the Secretary
shall consult with, and seek the advice of, the technical review
committee or restoration advisory board established for an installation
(if any) on the following issues:
``(1) Identifying environmental remediation activities and
projects at the installation.
``(2) Tracking progress on these activities and projects.
``(3) Collecting information regarding remediation
priorities for the installation.
``(4) Addressing land use, level of remediation, acceptable
risk, and waste management and technology development issues
related to remediation at the installation.
``(5) Developing remediation strategies.''.
(d) Report on Effect of Implementation.--Not later than December 1,
1994, the Secretary of Defense shall submit a report to Congress
describing the manner in which the Secretary will implement the
amendments made by this section. The report shall include--
(1) an estimate of the total amount of funds to be provided
to technical review committees and restoration advisory boards
under subsection (e) of section 2705 of title 10, United States
Code (as added by subsection (b)), during the five-fiscal year
period beginning on October 1, 1994, and the cost to be
incurred by the Secretary during such period to carry out such
amendments;
(2) an analysis of whether the establishment of restoration
advisory boards under subsection (d) of such section (as added
by subsection (a)) could delay or disrupt defense environmental
restoration activities; and
(3) an analysis of whether the funding mechanism provided
in subsection (e)(3) of such section (as added by subsection
(b)) could result in funding shortfalls for defense
environmental restoration activities.
(e) Condition on Implementation.--Until the Secretary of Defense
submits the report required by subsection (d), the Secretary may not
obligate or expend any of the funds made available under subsection
(e)(3) of section 2705 of title 10, United States Code (as added by
subsection (b)) to provide funds to technical review committees and
restoration advisory boards.
(f) Time for Regulations.--Not later than March 1, 1995, the
Secretary of Defense shall prescribe the regulations required by the
amendments made by this section.
SEC. 1056. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR TRANSPORTATION
SERVICES.
Paragraph (1) of section 2572(b) of title 10, United States Code,
is amended by inserting ``transportation,'' after ``salvage,''.
SEC. 1057. AUTHORIZATION FOR INDUSTRIAL FACILITIES OF THE ARMED FORCES
TO SELL ARTICLES AND SERVICES TO PERSONS OUTSIDE
DEPARTMENT OF DEFENSE.
(a) Army Sales Authority.--(1) Section 4543 of title 10, United
States Code, is amended to read as follows:
``Sec. 4543. Army industrial facilities: sales of manufactured articles
or services outside Department of Defense
``(a) Authority To Sell Outside DOD.--(1) Subject to paragraph (2),
the Secretary of the Army may sell to eligible persons outside the
Department of Defense articles and services produced by a working-
capital funded Army industrial facility, including a Department of the
Army arsenal.
``(2) The Secretary may not exercise the authority provided by this
section until after the Secretary certifies to Congress that a cost
accounting system has been developed--
``(A) to keep track of the costs associated with making
sales of articles and services under this section; and
``(B) to ensure that expenditures made and revenues
generated in such sales are not intermingled with funds
authorized and appropriated for the military mission of the
industrial facilities involved.
``(b) Eligible Purchasers.--Under such regulations as the Secretary
may prescribe, the following persons shall be eligible to purchase
articles and services under this section:
``(1) State and local governments.
``(2) Citizens of the United States and persons lawfully
admitted for permanent residence in the United States.
``(3) Business entities that conduct a significant level of
their research, development, engineering, and manufacturing
activities in the United States and the majority ownership or
control of which is by United States citizens.
``(c) Conditions on Sales.--The Secretary may make a sale under
this section only if--
``(1) the purchaser agrees to hold harmless and indemnify
the United States, except in cases of willful conduct or
extreme negligence, from any claim for damages or injury to any
person or property arising out of the articles or services
purchased;
``(2) the Secretary determines that the requested articles
or services can be substantially performed by the Army
industrial facility concerned with only incidental
subcontracting and that performance is in the public interest;
``(3) the Secretary determines that the sale of the
requested articles or services will not interfere with the
military mission of the Army industrial facility concerned; and
``(4) the sale of the goods and services is made on the
basis that it will not interfere with performance of work by
the Army industrial facility concerned for the Department of
Defense.
``(d) Methods of Sale.--(1) The Secretary shall permit a purchaser
of articles or services under this section to use advance incremental
funding to pay for the articles or services.
``(2) In the sale of articles and services under this section, the
Secretary shall--
``(A) charge the purchaser, at a minimum, the variable
costs, capital improvement costs, and equipment depreciation
costs that are associated with the articles or services sold;
``(B) enter into a firm, fixed-price contract or, if agreed
by the purchaser, a cost reimbursement contract for the sale;
and
``(C) develop and maintain (from sources other than
appropriated funds) working capital to be available for paying
design costs, planning costs, procurement costs, and other
costs associated with the articles or services sold.
``(e) Deposit of Proceeds.--Proceeds from sales of articles and
services under this section shall be deposited into the Defense
Business Operations Fund.
``(f) Relationship to Arms Export Control Act.--Nothing in this
section shall be construed to affect the application of the export
controls provided for in section 38 of the Arms Export Control Act (22
U.S.C. 2778) to items which incorporate or are produced through the use
of an article sold under this section.
``(g) Definitions.--In this section:
``(1) the term `advance incremental funding', with respect
to a sale of articles of services, means a series of partial
payments for the articles or services that includes--
``(A) one or more partial payments before the
commencement of work or the incurring of costs in
connection with the production of the articles or the
performance of the services, as the case may be; and
``(B) subsequent progress payments that result in
full payment being completed as the required work is
being completed.
``(2) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to
fluctuate directly with the volume of sales and--
``(A) in the case of articles, the volume of
production necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the
services sold.''.
(2) Section 2208(i) of such title is amended by striking out ``that
manufactures large caliber cannons, gun mounts, recoil mechanisms,
ammunition, munitions, or components thereof''.
(b) Navy Sales Authority.--(1) Chapter 645 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 7525. Navy industrial facilities: sales of manufactured articles
or services outside Department of Defense
``(a) Authority To Sell Outside DOD.--(1) Subject to paragraph (2)
the Secretary of the Navy may sell to eligible persons outside the
Department of Defense articles and services produced by a working-
capital funded Navy industrial facility.
``(2) The Secretary may not exercise the authority provided by this
section until after the Secretary certifies to Congress that a cost
accounting system has been developed--
``(A) to keep track of the costs associated with
making sales of articles and services under this
section; and
``(B) to ensure that expenditures made and revenues
generated in such sales are not intermingled with funds
authorized and appropriated for the military mission of
the industrial facilities involved.
``(b) Eligible Purchasers.--Under such regulations as the Secretary
may prescribed, the following persons shall be eligible to purchase
articles and services under this section:
``(1) State and local governments.
``(2) Citizens of the United States and persons lawfully
admitted for permanent residence in the United States.
``(3) Business entities that conduct a significant level of
their research, development, engineering, and manufacturing
activities in the United States and the majority ownership or
control of which is by United States citizens.
``(c) Conditions on Sales.--The Secretary may make a sale under
this section only if--
``(1) the purchaser agrees to hold harmless and indemnify
the United States, except in cases of willful conduct or
extreme negligence, from any claim for damages or injury to any
person or property arising out of the articles or services
purchased;
``(2) the Secretary determines that the requested articles
or services can be substantially performed by the Navy
industrial facility concerned with only incidental
subcontracting and that performance is in the public interest;
``(3) the Secretary determines that the sale of the
requested articles or services will not interfere with the
military mission of the Navy industrial facility concerned; and
``(4) the sale of the goods and services is made on the
basis that it will not interfere with performance of work by
the Navy industrial facility concerned for the Department of
Defense.
``(d) Methods of Sale.--(1) The Secretary shall permit a purchaser
of articles or services under this section to use advance incremental
funding to pay for the articles or services.
``(2) In the sale of articles and services under this section, the
Secretary shall--
``(A) charge the purchaser, at a minimum, the variable
costs, capital improvement costs, and equipment depreciation
costs that are associated with the articles or services sold;
``(B) enter into a firm, fixed-price contract or, if agreed
by the purchaser, a cost reimbursement contract for the sale;
and
``(C) development and maintain (from sources other than
appropriated funds) working capital to be available for paying
design costs, planning costs, procurement costs, and other
costs associated with the articles or sevices sold.
``(e) Deposit of Proceeds.--Proceeds from sales of articles and
services under this section shall be deposited into the Defense
Business Operations Fund.
``(f) Relationship to Arms Export Control Act.--Nothing in this
section shall be construed to affect the application of the export
controls provided for in section 38 of the Arms Export Control Act (22
U.S.C. 2778) to items which incorporate or are produced through the use
of an article sold under this section.
``(g) Definitions.--In this section:
``(1) The term `advance incremental funding', with respect
to a sale of articles or services, means a series of partial
payments for the articles or services that includes--
``(A) one or more partial payments before the
commencement of work or the incurring of costs in
connection with the production of the articles or the
performance of the services, as the case may be; and
``(B) subsequent progress payments that result in
full payment being completed as the required work is
being completed.
``(2) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to
fluctuate directly with the volume of sales and--
``(A) in the case of articles, the volume of
production necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the
services sold.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7525. Navy industrial facilities: sales of manufactured articles or
services outside Department of Defense.''.
(c) Air Force Sales Authority.--(1) Chapter 933 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 9541. Air Force industrial facilities: sales of manufactured
articles or services outside Department of Defense
``(a) Authority To Sell Outside DOD.--Subject to paragraph (2), the
Secretary of the Air Force may sell to eligible persons outside the
Department of Defense articles and services produced by a working-
capital funded Air Force industrial facility.
``(2) The Secretary may not exercise the authority provided by this
section until after the Secretary certifies to Congress that a cost
accounting system has been developed--
``(A) to keep track of the costs associated with making
sales of articles and services under this section; and
``(B) to ensure that expenditures made and revenues
generated in such sales are not intermingled with funds
authorized and appropriated for the military mission of the
industrial facilities involved.
``(b) Eligible Purchasers.--Under such regulations as the Secretary
may prescribe, the following persons shall be eligible to purchase
articles and services under this section:
``(1) State and local governments.
``(2) Citizens of the United States and persons lawfully
admitted for permanent residence in the United States.
``(3) Business entities that conduct a significant level of
their research, development, engineering, and manufacturing
activities in the United States and the majority ownership or
control of which is by United States citizens.
``(c) Conditions on Sales.--The Secretary may make a sale under
this section only if--
``(1) the purchaser agrees to hold harmless and indemnify
the United States, except in cases of willful conduct or
extreme negligence, from any claim for damages or injury to any
person or property arising out of the articles or services
purchased;
``(2) the Secretary determines that the requested articles
or services can be substantially performed by the Air Force
industrial facility concerned with only incidental
subcontracting and that performance is in the public interest;
``(3) the Secretary determines that the sale of the
requested articles or services will not interfere with the
military mission of the Air Force industrial facility
concerned; and
``(4) the sale of the goods and services is made on the
basis that it will not interfere with performance of work by
the Air Force industrial facility concerned for the Department
of Defense.
``(d) Methods of Sale.--(1) The Secretary shall permit a purchaser
of articles or services under this section to use advance incremental
funding to pay for the articles or services.
``(2) In the sale of articles and services under this section, the
Secretary shall--
``(A) charge the purchaser, at a minimum, the variable
costs, capital improvement costs, and equipment depreciation
costs that are associated with the articles or services sold;
``(B) enter into a firm, fixed-price contract or, if agreed
by the purchaser, a cost reimbursement contract for the sale;
and
``(C) develop and maintain (from sources other than
appropriated funds) working capital to be available for paying
design costs, planning costs, procurement costs, and other
costs associated with the articles or services sold.
``(e) Deposit of Proceeds.--Proceeds from sales of articles and
services under this section shall be deposited into the Defense
Business Operations Fund.
``(f) Relationship to Arms Export Control Act.--Nothing in this
section shall be construed to affect the application of the export
controls provided for in section 38 of the Arms Export Control Act (22
U.S.C. 2778) to items which incorporate or are produced through the use
of an article sold under this section.
``(g) Definitions.--In this section:
``(1) The term `advance incremental funding', with respect
to a sale of articles or services, means a series of partial
payments for the articles or services that includes--
``(A) one or more partial payments before the
commencement of work or the incurring of costs in
connection with the production of the articles or the
performance of the services, as the case may be; and
``(B) subsequent progress payments that result in
full payment being completed as the required work is
being completed.
``(2) The term `variable costs', with respect to sales of
articles or services, means the costs that are expected to
fluctuate directly with the volume of sales and--
``(A) in the case of articles, the volume of
production necessary to satisfy the sales orders; or
``(B) in the case of services, the extent of the
services sold.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9541. Air Force industrial facilities: sales of manufactured articles
or services outside Department of
Defense.''.
(d) Control Effect of Sales Authority on Base Closure Process.--
Section 2903 of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(1) in subsection (c)(2)--
(A) by inserting after the first sentence the
following new sentence: ``The Secretary shall also
include a certification that the authorities provided
in sections 4543, 7525, and 9541 of title 10, United
States Code, for the sale outside the Department of
Defense of articles and services produced by working-
capital funded industrial facilities (and any sales,
workloads, revenues, or other information resulting
from the use or availability of such authorities) were
not considered in preparing the list of recommendations
referred to in paragraph (1).''; and
(B) by striking out ``preceding sentence'' and
inserting in lieu thereof ``preceding sentences''; and
(2) in subsection (d)(3), by inserting after the first
sentence the following new sentence: ``The Commission shall
also include in its report a certification that the authorities
provided in sections 4543, 7525, and 9541 of title 10, United
States Code, for the sale outside the Department of Defense of
articles and services produced by working-capital funded
industrial facilities (and any sales, workloads, revenues, or
other information resulting from the use or availability of
such authorities) were not considered in making its
recommendations for closures and realignments of military
installations.''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on June 1, 1995.
SEC. 1058. SENSE OF THE CONGRESS CONCERNING THE NORTH KOREAN NUCLEAR
WEAPONS DEVELOPMENT PROGRAM.
(a) Findings.--The Congress finds that--
(1) between 1950 and 1953, the United States led a military
coalition that successfully repelled an invasion of the
Republic of Korea by the Communist regime in North Korea, at a
cost of more than 54,000 American lives;
(2) the United States and the Republic of Korea ratified a
Mutual Security Treaty in 1954 that commits the United States
to helping the Republic of Korea defend itself against external
aggression;
(3) approximately 37,000 United States military personnel
are presently stationed in the Republic of Korea;
(4) the United States and the Republic of Korea have
conducted joint military exercises, code named ``Team Spirit'',
regularly since 1976;
(5) the Communist regime in North Korea has built up an
armed force nearly twice the size of that in the Republic of
Korea and has never renounced the active and ongoing use of
force, terrorism, and subversion in its attempts to subdue and
subjugate the Republic of Korea;
(6) although the North Korean regime signed the Treaty on
the Non-Proliferation of Nuclear Weapons in 1985, it has never
permitted the unfettered international inspection of its
nuclear facilities that is required of all signatories of that
Treaty;
(7) the Secretary of Defense has stated publicly that
efforts by the North Korean regime to develop enough plutonium
to permit the manufacture of 10 to 12 nuclear weapons per year,
and to develop the ballistic missile capacity of delivering
these and other weapons over a wide area, represent a grave
threat to the security of the Korean peninsula and the entire
world;
(8) the North Korean regime continues to resist efforts by
the United States to reduce tensions on the Korean peninsula;
(9) efforts in recent years by the United States to reduce
tensions on the Korean peninsula have included the withdrawal
of all nuclear weapons from the territory of the Republic of
Korea and a reduction in the number of United States military
personnel stationed there, the postponement of the 1994 ``Team
Spirit'' exercises, the establishment of direct diplomatic
contacts with the North Korean regime, and the offer of
expanded diplomatic and economic contacts with North Korea;
(10) weapons-grade plutonium can be extracted from the fuel
rods in the type of nuclear facilities North Korea is known to
possess;
(11) international inspectors must be permitted to examine
all spent fuel rods removed from North Korea's principal
nuclear reactor at Yongbyon and to carry out tests necessary to
ensure compliance with the 1992 safeguards agreement; and
(12) the diplomatic impasse concerning the North Korean
nuclear program has clearly reached a critical juncture, the
unsatisfactory resolution of which would place the
international nonproliferation regime in jeopardy and threaten
the peace and security of the Korean peninsula, the Northeast
Asia region, and, by extension, the rest of the world.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the North Korean regime should take an initial step
toward cooperation with the international nonproliferation
regime by permitting the unfettered international inspection of
the removal and eventual disposal of all spent fuel rods from
the Yongbyon nuclear complex, followed by a comprehensive
inspection process as required by the Treaty on the Non-
Proliferation of Nuclear Weapons:
(2) an unsatisfactory resolution of the inspection
controversy at Yongbyon that allows for anything less than
unfettered international inspection of facilities in that
complex should prompt the Government of the United States to
take such action as would indicate the severity with which it
views this provocation against international norms; and
(3) such action should include, but not necessarily be
limited to, the seeking of international sanctions against the
North Korean regime and the rescheduling of the ``Team Spirit''
exercises for 1994.
SEC. 1059. CONGRESSIONAL ACTION ON NEGOTIATION OF LIMITATIONS ON
NUCLEAR WEAPONS TESTING.
(a) Findings.--The Congress finds the following:
(1) On January 25, 1994, the United States joined with 37
other nations to begin negotiations for a comprehensive treaty
to ban permanently all nuclear weapons testing.
(2) On March 14, 1994, the President decided to extend the
current United States nuclear testing moratorium at least
through September 1995.
(3) The United States is seeking to extend indefinitely the
Non-Proliferation Treaty at the April 1995 NPT Extension
Conference.
(4) Conclusion of a comprehensive test ban treaty could
contribute toward successful negotiations to extend the Non-
Proliferation Treaty.
(5) Agreements to eliminate nuclear testing and control the
spread of nuclear weapons could contribute to the national
security of the United States, its allies, and other nations
around the world.
(b) Congressional Action.--In view of the findings set forth in
subsection (a), the Congress--
(1) applauds the President for maintaining the United
States nuclear testing moratorium and for taking a leadership
role toward negotiation of a comprehensive test ban treaty;
(2) encourages all nuclear powers to refrain from
conducting nuclear explosions, prior to conclusion of a
comprehensive test ban treaty; and
(3) urges the Conference on Disarmament to make all
possible progress toward a comprehensive test ban treaty by the
end of 1994.
SEC. 1060. SENSE OF CONGRESS AND REPORT ON READINESS OF MILITARY FORCES
OF THE REPUBLIC OF KOREA.
(a) Findings.--The Congress finds the following:
(1) Under existing treaties and security arrangements
between the United States and the Republic of Korea,
responsibility for the defense of the territory of the Republic
of Korea is allocated so that the Republic of Korea has primary
responsibility for the ground defense of its territory and the
United States has primary responsibility for air and sea
defense of the Korean peninsula and for reinforcement.
(2) The Force Improvement Program of the Republic of Korea
has not addressed critical shortfalls in its ground force
capability which continue to exist even though the Republic of
Korea spends approximately $12,000,000,000 annually on defense
while the Democratic People's Republic of Korea spends
approximately $4,000,000,000 annually on defense. The Republic
of Korea has diverted substantial defense resources to
procuring submarines, destroyers, advanced aircraft, and other
military systems that are marginal to its primary ground
defense responsibility.
(3) The defense acquisition decisions of the Republic of
Korea have had the effect of not allowing the Republic of Korea
to attain self-sufficiency in its ground defense
responsibility. As a result, there exists an undue burden on
the United States for the ground defense of the Korean
peninsula.
(4) The lack of intelligence capability to forecast the
military intentions of the Democratic People's Republic of
Korea represents a major deficiency of the combined United
States-Republic of Korea military force.
(5) A short-warning attack by the Democratic People's
Republic of Korea would cause major losses to the combined
United States-Republic of Korea ground force.
(b) Sense of Congress.--It is the sense of the Congress that the
President should urge the Republic of Korea to improve its military
ground forces with emphasis on counterartillery capabilities, defense
against ballistic missiles and weapons of mass destruction, combined
United States-Republic of Korea logistics capabilities, combined United
States-Republic of Korea medical support, and combined United States-
Republic of Korea strategic and tactical intelligence capabilities.
(c) Report.--Not later than December 1, 1994, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report, in classified form, on--
(1) the readiness of the military forces of the Republic of
Korea to defeat an attack by the military forces of the
Democratic People's Republic of Korea; and
(2) the adequacy of the defense acquisition strategy of the
Republic of Korea to meet its primary ground defense mission.
TITLE XI--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Defense Conversion, Reinvestment,
and Transition Assistance Amendments of 1994''.
SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION
ASSISTANCE PROGRAMS FOR FISCAL YEAR 1995.
(a) Funding.--Of the amounts authorized to be appropriated pursuant
to this Act for the Department of Defense for fiscal year 1995, the sum
of $3,256,400,000 shall be available from the sources specified in
subsection (b) for defense conversion, reinvestment, and transition
assistance programs.
(b) Sources of Funds.--The amount set forth in subsection (a) shall
be derived from the following sources in amounts as follows:
(1) $15,000,000 of the amounts authorized to be
appropriated pursuant to title I.
(2) $2,375,000,000 of the amounts authorized to be
appropriated pursuant to title II.
(3) $866,400,000 of the amounts authorized to be
appropriated pursuant to title III.
(c) Definition.--For purposes of this section, the term ``defense
conversion, reinvestment, and transition assistance programs'' includes
the following programs and activities of the Department of Defense:
(1) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102-484; 106 Stat. 2658) and the
amendments made by that Act.
(2) The programs and activities authorized by the Defense
Conversion, Reinvestment, and Transition Assistance Amendments
of 1993 (title XIII of Public Law 103-160; 107 Stat. 1783) and
the amendments made by that Act.
(3) The programs and activities authorized by this title
and the amendments made by this title.
Subtitle A--Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT PROGRAMS FOR
FISCAL YEAR 1995.
(a) Funds Available.--Of the amount authorized to be appropriated
under section 201 for Defense-wide activities and specified in section
1102(b) as a source of funds for defense conversion, reinvestment, and
transition assistance programs, $771,600,000 shall be available for
activities described in the defense reinvestment program element of the
budget of the Department of Defense for fiscal year 1995.
(b) Allocation of Funds.--The funds made available under subsection
(a) shall be allocated as follows:
(1) $295,600,000 shall be available for defense dual-use
critical technology partnerships under section 2511 of title
10, United States Code.
(2) $80,000,000 shall be available for commercial-military
integration partnerships under section 2512 of such title.
(3) $80,000,000 shall be available for defense regional
technology alliances under section 2513 of such title.
(4) $30,000,000 shall be available for defense advanced
manufacturing technology partnerships under section 2522 of
such title.
(5) $45,000,000 shall be available for support of
manufacturing extension programs under section 2523 of such
title.
(6) $65,000,000 shall be available for the defense dual-use
extension program under section 2524 of such title, of which--
(A) $15,000,000 shall be used for assistance
pursuant to subsection (c)(3) of such section; and
(B) $50,000,000 shall be available to cover the
costs (as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees issued pursuant to subsection (b)(3) of such
section.
(7) $24,000,000 shall be available for defense
manufacturing engineering education grants under section 2196
of such title.
(8) $30,000,000 shall be available for the advanced
materials synthesis and processing partnership program.
(9) $35,000,000 shall be available for the agile
manufacturing/enterprise integration program.
(10) $50,000,000 shall be available for the maritime
technology program, as provided for in section 1352(c)(2) of
the National Shipbuilding and Shipyard Conversion Act of 1993
(subtitle D of title XIII of Public Law 103-160; 10 U.S.C. 2501
note).
(11) $37,000,000 shall be available to the Secretary of
Defense to support the activities of the Department of Defense
and Department of Justice Dual-Use Technology Research and
Development Center.
(c) Availability of Funds for Fiscal Year 1994 Technology
Reinvestment Projects.--Funds allocated under paragraphs (1) through
(7) of subsection (b) to the defense reinvestment programs described in
such paragraphs may also be used to make awards to technology
reinvestment projects that were solicited under such programs in fiscal
year 1994.
SEC. 1112. CLARIFICATION OF ELIGIBLE NON-DEPARTMENT OF DEFENSE
PARTICIPANTS IN TECHNOLOGY REINVESTMENT PROJECTS.
(a) Definition of Eligible Entities.--Section 2491 of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (9) through (15) as
paragraphs (10) through (16), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) The term `eligible entity' means an eligible firm or
a labor organization (as defined in section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5))).''.
(b) Conforming Amendments.--(1) Section 2511 of title 10, United
States Code, is amended--
(A) in subsection (b)--
(i) by striking out ``eligible firms'' both places
it appears and inserting in lieu thereof ``eligible
entities''; and
(ii) by striking out ``such firms'' and inserting
in lieu thereof ``such eligible entities''; and
(B) in subsection (f)(6), by striking out ``eligible
firms'' and inserting in lieu thereof ``eligible entities''.
(2) Section 2512 of such title is amended--
(A) in subsection (a)--
(i) by striking out ``eligible firms'' and
inserting in lieu thereof ``eligible entities''; and
(ii) by striking out ``such firms'' and inserting
in lieu thereof ``such eligible entities''; and
(B) in subsection (e)(6), by striking out ``eligible
firms'' and inserting in lieu thereof ``eligible entities''.
(3) Section 2513 of such title is amended--
(A) in subsection (c)(1)(A)(i), by inserting before the
semicolon the following: ``or other eligible entities operating
in such region'';
(B) in subsection (e), by striking out ``eligible firms''
both places it appears and inserting in lieu thereof ``eligible
entities''; and
(C) in subsection (f)--
(i) by striking out ``eligible firms'' and
inserting in lieu thereof ``eligible entities''; and
(ii) by striking out ``such firms'' and inserting
in lieu thereof ``such eligible entities''.
(4) Section 2522(b) of such title is amended--
(A) by striking out ``eligible firms'' both places it
appears and inserting in lieu thereof ``eligible entities'';
and
(B) by striking out ``such firms'' and inserting in lieu
thereof ``such eligible entities''.
SEC. 1113. ADDITIONAL CRITERIA FOR LOAN GUARANTEES UNDER THE DEFENSE
DUAL-USE ASSISTANCE EXTENSION PROGRAM.
Section 2524(f) of title 10, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) In the case of loan guarantees under subsection
(b)(3), the extent to which the loans to be guaranteed would
support the retention of defense workers whose employment would
otherwise be permanently or temporarily terminated as a result
of reductions in expenditures by the United States for defense,
the termination or cancellation of a defense contract, the
failure to proceed with an approved major weapon system, the
merger or consolidation of the operations of a defense
contractor, or the closure or realignment of a military
installation.''.
SEC. 1114. FINANCIAL COMMITMENT REQUIREMENTS FOR SMALL BUSINESS
CONCERNS FOR PARTICIPATION IN TECHNOLOGY REINVESTMENT
PROJECTS.
(a) Defense Dual-Use Critical Technology Partnerships.--Section
2511(c) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(3) The Secretary shall consider a partnership proposal submitted
by a small business concern without regard to the ability of the small
business concern to immediately meet its share of the anticipated
partnership costs. Upon the selection of a partnership proposal
submitted by a small business concern, the Secretary shall extend to
the small business concern a period of not less than 90 days within
which to arrange to meet its financial commitment requirements under
the partnership from sources other than a person of a foreign country.
If the Secretary determines upon the expiration of that period that the
small business concern will be unable to meet its share of the
anticipated partnership costs, the Secretary may revoke the selection
of the partnership proposal submitted by the small business concern.''.
(b) Commercial-Military Integration Partnerships.--Section
2512(c)(3) of such title is amended by adding at the end the following
new subparagraph:
``(C) The Secretary shall consider a partnership proposal submitted
by a small business concern without regard to the ability of the small
business concern to immediately meet its share of the anticipated
partnership costs. Upon the selection of a partnership proposal
submitted by a small business concern, the Secretary shall extend to
the small business concern a period of not less than 90 days within
which to arrange to meet its financial commitment requirements under
the partnership from sources other than a person of a foreign country.
If the Secretary determines upon the expiration of that period that the
small business concern will be unable to meet its share of the
anticipated partnership costs, the Secretary may revoke the selection
of the partnership proposal submitted by the small business concern.''.
(c) Regional Technology Alliances Assistance Program.--Section
2513(e) of such title is amended by adding at the end the following new
paragraph:
``(4) The Secretary shall consider a proposal for a regional
technology alliance that is submitted by a small business concern
without regard to the ability of the small business concern to
immediately meet its share of the anticipated costs of the alliance.
Upon the selection of a proposal submitted by a small business concern,
the Secretary shall extend to the small business concern a period of
not less than 90 days within which to arrange to meet its financial
commitment requirements under the regional technology alliance from
sources other than a person of a foreign country. If the Secretary
determines upon the expiration of that period that the small business
concern will be unable to meet its share of the anticipated costs, the
Secretary may revoke the selection of the proposal submitted by the
small business concern.''.
(d) Manufacturing Extension Programs.--Section 2523(b)(3) of such
title is amended by adding at the end the following new subparagraph:
``(E) The Secretary shall consider a proposal for a manufacturing
extension program that is submitted by a small business concern without
regard to the ability of the small business concern to immediately meet
its share of the anticipated costs of the program. Upon the selection
of a proposal submitted by a small business concern, the Secretary
shall extend to the small business concern a period of not less than 90
days within which to arrange to meet its financial commitment
requirements under the manufacturing extension program from sources
other than a person of a foreign country. If the Secretary determines
upon the expiration of that period that the small business concern will
be unable to meet its share of the anticipated costs, the Secretary may
revoke the selection of the partnership proposal submitted by the small
business concern.''.
(e) Defense Dual-Use Assistance Extension Program.--Section 2524(d)
of such title is amended by adding at the end the following new
paragraph:
``(3) The Secretary shall consider a program proposal submitted by
a small business concern without regard to the ability of the small
business concern to immediately meet its share of the anticipated
partnership costs. Upon the selection of a proposal submitted by a
small business concern, the Secretary shall extend to the small
business concern a period of not less than 90 days within which to
arrange to meet its financial commitment requirements under the program
from sources other than a person of a foreign country. If the Secretary
determines upon the expiration of that period that the small business
concern will be unable to meet its share of the anticipated program
costs, the Secretary may revoke the selection of the program proposal
submitted by the small business concern.''.
(f) Definition of Person of a Foreign Country.--Section 2491 of
such title, as amended by section 1112(a) of this Act, is further
amended by adding at the end the following new paragraph:
``(17) The term `person of a foreign country' has the
meaning given such term in section 3502(d) of the Primary
Dealers Act of 1988 (22 U.S.C. 5342(d)).''.
SEC. 1115. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT
PROJECTS.
(a) Benefits to United States Economy.--In providing for the
establishment or financial support of partnerships and other
cooperative arrangements under chapter 148 of title 10, United States
Code, using funds made available under section 1111(a), the Secretary
of Defense shall ensure that the principal economic benefits of, and
the job creation resulting from, such arrangements accrue to the
economy of the United States.
(b) Use of Competitive Selection Procedures.--Funds made available
under subsection (a) of section 1111 for defense reinvestment programs
described in subsection (b) of such section shall only be provided to
projects selected using competitive procedures pursuant to a
solicitation incorporating cost-sharing requirements for the non-
Federal Government participants in the projects.
Subtitle B--Community Adjustment and Assistance Programs
SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR
STATES AND LOCAL GOVERNMENTS FROM OFFICE OF ECONOMIC
ADJUSTMENT.
Of the amount made available pursuant to section 1102(a),
$54,100,000 shall be available to provide community adjustment and
economic diversification assistance under section 2391(b) of title 10,
United States Code.
SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICATION.
(a) Form of Community Adjustment and Economic Diversification.--
Section 2391(d) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) The terms `community adjustment' and `economic
diversification' include the development of feasibility studies
and business plans for market diversification by businesses and
labor organizations located in a community adversely affected
by an action described in clause (A), (B), (C), or (E) of
subsection (b)(1).''.
(b) Funding for Fiscal Year 1995.--Of the amount made available
under section 1121, $10,000,000 shall be available only to provide
community adjustment and economic diversification assistance under
section 2391(b) of title 10, United States Code, for the purpose of
developing feasibility studies and business plans for market
diversification by businesses and labor organizations located in
communities adversely affected by an action described in clause (A),
(B), (C), or (E) of paragraph (1) of such section. The funds provided
to a particular State or local government under this subsection in
fiscal year 1995 may not exceed $50,000.
SEC. 1123. ADVANCE COMMUNITY ADJUSTMENT AND ECONOMIC DIVERSIFICATION
PLANNING.
(a) Assistance Authorized.--Section 2391(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds in order to
assist a State or local government in planning community adjustments
and economic diversification even though the State or local government
is not currently eligible for assistance under paragraph (1) if the
Secretary determines that a substantial portion of the economic
activity or population of the geographic area to be subject to the
advance planning is dependent on defense expenditures.''.
(b) Conforming Amendments.--Paragraph (8) of such section, as
redesignated by subsection (a)(1), is amended by striking out
``paragraph (6)'' both places it appears and inserting in lieu thereof
``paragraph (7)''.
(c) Funding for Fiscal Year 1995.--Of the amount made available
under section 1121, $5,000,000 shall be available only to provide
advance adjustment planning under paragraph (5) of section 2391(b) of
title 10, United States Code, as added by subsection (a)(2). The funds
provided to a particular State or local government under such paragraph
in fiscal year 1995 may not exceed $1,000,000.
Subtitle C--Personnel Adjustment, Education, and Training Programs
SEC. 1131. CONTINUATION OF TEACHER AND TEACHER'S AIDE PLACEMENT
PROGRAMS.
Of the amount made available pursuant to section 1102(a),
$65,000,000 shall be available for the teacher and teacher's aide
placement programs authorized by sections 1151, 1598, and 2410j of
title 10, United States Code.
SEC. 1132. PROGRAMS TO PLACE SEPARATED MEMBERS AND TERMINATED DEFENSE
EMPLOYEES IN EMPLOYMENT POSITIONS AS PUBLIC SAFETY
OFFICERS.
(a) Separated Members.--Section 1152 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking out ``law enforcement officers''
and inserting in lieu thereof ``public safety
officers''; and
(B) by inserting ``or fire departments'' after
``agencies'';
(2) in subsection (b)(1)(B), by inserting ``or fire
fighting,'' after ``police)'';
(3) in subsection (d)(1)--
(A) by striking out ``law enforcement officers''
and inserting in lieu thereof ``public safety
officers'';
(B) by inserting ``and fire departments'' after
``law enforcement agencies'';
(C) by striking out ``with these agencies''; and
(D) by striking out ``a law enforcement agency''
and inserting in lieu thereof ``the agency or
department'';
(4) in subsection (d)(2)--
(A) by striking out ``law enforcement officer'' and
inserting in lieu thereof ``public safety officer'';
(B) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(C) by striking out ``law enforcement agency'' the
second place it appears and inserting in lieu thereof
``agency or department'';
(5) in subsection (d)(4)--
(A) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(B) by inserting ``or department'' after ``the
agency'';
(6) in subsection (d)(5)--
(A) by inserting ``or fire department'' after ``law
enforcement agency'' the first place it appears; and
(B) by striking out ``law enforcement agency'' the
second place it appears and inserting in lieu thereof
``agency or department'';
(7) in subsection (e)(1), by inserting ``and fire
departments'' after ``law enforcement agencies''; and
(8) in subsection (f)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `public safety officer' means a law
enforcement officer or a firefighter.''; and
(C) by adding at the end the following new
paragraph:
``(4) The term `firefighter' includes a public employee
member of a rescue squad or ambulance crew.''.
(b) Terminated Employees.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1598a. Assistance to terminated employees to obtain employment
as public safety officers
``(a) Placement Program.--The Secretary of Defense may establish a
program to assist eligible civilian employees of the Department of
Defense after the termination of their employment to obtain employment
as public safety officers with State and local law enforcement agencies
or fire departments.
``(b) Eligible Employees.--(1) A civilian employee of the
Department of Defense shall be eligible for selection by the Secretary
of Defense to participate in the placement program authorized by
subsection (a) if the employee--
``(A) during the five-year period beginning October 1,
1994, is terminated from such employment as a result of
reductions in defense spending or the closure or realignment of
a military installation, as determined by the Secretary of
Defense; or
``(B) has occupational training or experience related to
law enforcement or fire fighting or satisfies such other
criteria for selection as the Secretary of Defense may
prescribe.
``(2) The Secretary of Defense may accept an application from a
civilian employee referred to in paragraph (1) who was terminated
during the period beginning on October 1, 1990, and ending on October
1, 1994, if the employee otherwise satisfies the eligibility criteria
specified in that paragraph.
``(c) Selection of Participants.--(1) The Secretary of Defense
shall select civilian employees to participate in the placement program
on the basis of applications submitted to the Secretary not later than
one year after the date the employees receive a notice of termination.
An application shall be in such form and contain such information as
the Secretary may require.
``(2) The Secretary may not select a civilian employee to
participate in the program unless the Secretary has sufficient
appropriations for the placement program available at the time of the
selection to satisfy the obligations to be incurred by the United
States under the program with respect to that participant.
``(d) Placement of Participants as Public Safety Officers.--
Subsections (d), (e), and (f) of section 1152 of this title shall apply
with respect to the placement program authorized by this section.''.
(c) Clerical Amendments.--(1) The heading of section 1152 of title
10, United States Code, is amended to read as follows:
``Sec. 1152. Assistance to separated members to obtain employment as
public safety officers''.
(2) The table of sections at the beginning of chapter 58 of such
title is amended by striking out the item relating to section 1152 and
inserting in lieu thereof the following new item:
``1152. Assistance to separated members to obtain employment as public
safety officers.''.
(3) The table of sections at the beginning of chapter 81 of such
title is amended by adding at the end the following new item:
``1598a. Assistance to terminated employees to obtain employment as
public safety officers.''.
(d) Funding for Fiscal Year 1995.--Of the amount made available
pursuant to section 1102(a), $25,000,000 shall be available for the
public safety officer placement programs authorized by sections 1152
and 1598a of title 10, United States Code.
SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEMBERS AND TERMINATED
DEFENSE EMPLOYEES IN TEACHING POSITIONS AS BILINGUAL MATH
AND SCIENCE TEACHERS.
(a) Cooperative Arrangements.--During fiscal year 1995, the
Secretary of Defense shall carry out a pilot program to establish
cooperative arrangements between the Department of Defense and a
consortium of two or more entities described in subsection (b) for the
purpose of assisting bilingual members of the Armed Forces after their
separation from active duty, and bilingual civilian employees of the
Department of Defense after the termination of their employment, to
obtain certification and employment as bilingual elementary or
secondary school teachers in mathematics or science.
(b) Eligible Entities.--The entities with which the Secretary of
Defense may enter into a cooperative arrangement under the pilot
program are as follows:
(1) Local governments of States that contain military
installations and a high concentration of residents of Hispanic
descent.
(2) A consortium of two or more Hispanic-serving
institutions of higher education (as defined in section
316(b)(1) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)(1))) that have a solid background, expertise, and
experience in operating bilingual teacher training programs in
mathematics and science with an emphasis in English as a second
language.
(c) Eligible Members and Employees.--(1) A member of the Armed
Forces shall be eligible to participate in a cooperative arrangement
established under the pilot program if the member--
(A) during the seven-year period beginning on October 1,
1992, is discharged or released from active duty after six or
more years of continuous active duty immediately before the
discharge or release;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(2) A civilian employee of the Department of Defense shall be
eligible to participate in a cooperative arrangement established under
the pilot program if the employee--
(A) during the five-year period beginning October 1, 1992,
is terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense;
(B) has received a baccalaureate or advanced degree from an
accredited institution of higher education;
(C) is bilingual; and
(D) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
(d) Stipend for Participants.--A member of the Armed Forces or a
civilian employee of the Department of Defense who participates in a
cooperative arrangement established under the pilot program shall be
eligible to receive an educational stipend in the same amount as
provided under paragraph (1) of subsection (g) of section 1151 of title
10, United States Code, subject to the conditions specified in
paragraphs (2) and (3) of such subsection and section 1598(e)(2) of
such title.
(e) Administrative Costs.--The Secretary of Defense shall cover the
reasonable management costs of the pilot program incurred by the non-
Federal entities participating in the cooperative arrangements
established under the pilot program.
(f) Definitions.--For purposes of this section:
(1) The term ``bilingual'' means the ability to communicate
in both the English and Spanish languages.
(2) The term ``State'' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam, the
Republic of the Marshall Islands, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Palau, and the Virgin Islands.
(g) Funding for Fiscal Year 1995.--Of the amount made available
pursuant to section 1102(a), $3,000,000 shall be available to the
Secretary of Defense to carry out this section.
SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPARATED MEMBERS AND
TERMINATED DEFENSE WORKERS TO BECOME BUSINESS OWNERS.
(a) Business Ownership Demonstration Project.--During fiscal year
1995, the Secretary of Defense may carry out a demonstration project in
not more than two eligible communities to assist separated members of
the Armed Forces and terminated defense workers described in subsection
(c) who reside in the community to own their own businesses. The
Secretary shall carry out the demonstration project in consultation
with the Secretary of Commerce.
(b) Eligible Communities.--To be eligible for selection by the
Secretary of Defense as a site for the demonstration project, a
community shall be required to meet two of the following conditions:
(1) The local economy is heavily dependent on a defense
contractor that is in the process of terminating a major
defense contract (or having such contract terminated by the
Department of Defense) or closing a major facility.
(2) The local economy may be adversely affected by changes
in the use of a national laboratory previously needed for the
testing of nuclear weapons.
(3) The local economy would be adversely affected by the
closing of two or more military installations.
(c) Members and Defense Workers To Be Assisted.--The purpose of the
demonstration project is to assist the following persons to own their
own businesses:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined by
the Secretary of Defense.
(d) Activities Under Demonstration Project.--Under the
demonstration project, the Secretary of Defense shall--
(1) develop a business plan to establish a facility in each
community in which the demonstration project is conducted to
assist persons described in subsection (c) to own their own
businesses;
(2) conduct a market study to identify markets for the
facility;
(3) develop innovative approaches to capital formation for
the facility and persons described in subsection (c);
(4) conduct a skills assessment study to determine the
number and type of employees needed to operate the facility;
and
(5) analyze the potential to use persons described in
subsection (c) as employees of the facility.
SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP RECYCLING AS A METHOD
TO ASSIST SEPARATED MEMBERS AND TERMINATED DEFENSE
WORKERS.
(a) Ship Recycling Demonstration Project.--The Secretary of Defense
may carry out a demonstration project in not more than three eligible
locations to assist separated members of the Armed Forces and
terminated defense workers described in subsection (c) to obtain
employment by participating in the establishment and operation of ship
recycling facilities.
(b) Eligible Locations.--A location shall be eligible for selection
by the Secretary of Defense as a site for the demonstration project if
the location contains one or more military installations that have been
selected for closure or realignment pursuant to a base closure law and
such installations include naval and port facilities. Competitive
procedures shall be used in the selection of locations in which to
conduct the demonstration project.
(c) Members and Defense Workers To Be Assisted.--The purpose of the
demonstration project is to promote the establishment and operation of
ship recycling facilities that will provide employment for the
following persons:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who are
terminated from such employment as a result of reductions in
defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated or
laid off (or receive a notice of termination or layoff) as a
result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined by
the Secretary of Defense.
(d) Assistance Authorized.--To carry out the demonstration project
in an eligible location selected by the Secretary, the Secretary may
make grants to, and enter into contracts and cooperative agreements
with, State governments, local governments, private entities, nonprofit
organizations, and institutions of higher education operating in that
location.
(e) Activities Supported.--An entity (or group of such entities)
receiving assistance under the demonstration project shall use the
assistance to perform, or support the performance of, any of the
following:
(1) Develop a business plan to establish a ship recycling
facility for military and commercial ships currently in service
and projected for future scrapping.
(2) In consultation with the private sector, conduct a
market study of--
(A) the existing private sector capacity to perform
ship recycling;
(B) the utilization of existing ship recycling
capacity;
(C) the regional impact on markets for scrap
generated from ship recycling;
(D) the environmental remediation requirements
associated with ship recycling;
(E) the ability to incorporate the private sector
into the ship recycling facilities established pursuant
to the demonstration; and
(F) such other issues related to ship recycling as
the Secretary considers appropriate.
(3) Conduct a skills assessment study to determine the
number and type of employees needed to operate a ship recycling
facility.
(4) Develop plans for the cost effective environmental
remediation of ships to be recycled at the facility.
(5) Demonstrate the feasibility of a ship recycling
facility to become financially self-sustaining or project a
reasonable timetable for the completion of the demonstration
project, in which case the entity shall develop training,
skills enhancement, and career placement programs to assist
employees involved in ship recycling to secure new occupations
and careers.
(6) Support regional ship recycling start-up activities.
(7) Analyze the potential to use persons described in
subsection (c) as employees at a ship recycling facility.
(f) Transfer of Excess Naval Vessels.--The Secretary of Defense may
allocate among the ship recycling facilities established under the
demonstration project excess naval vessels of the United States for
recycling.
(g) Funding for Fiscal Year 1995.--Of the amount made available
pursuant to section 1102(a), $15,000,000 shall be available to the
Secretary of Defense to carry out the demonstration project.
SEC. 1136. ADMINISTRATION AND FUNDING OF DEFENSE DIVERSIFICATION
PROGRAM AND DEFENSE CONVERSION ADJUSTMENT PROGRAM UNDER
JOB TRAINING PARTNERSHIP ACT.
(a) Defense Diversification Program.--Section 325A of the Job
Training Partnership Act (29 U.S.C. 1662d-1) is amended--
(1) in subsection (a), by striking out ``From the amount''
and all that follows through ``Labor,'' and inserting in lieu
thereof ``From funds made available to carry out this section,
the Secretary, in consultation with the Secretary of
Defense,'';
(2) in subsections (c), (d), (e), (i), (k)(2), (l), and
(m), by striking out ``Secretary of Defense'' each place it
appears and inserting in lieu thereof ``Secretary'';
(3) in subsection (d)(1)(A), by striking out ``in
consultation with the Secretary of Labor,'';
(4) in the heading of subsection (e), by striking out ``by
Secretary of Defense'';
(5) in subsection (k)(1), by striking out ``Secretary of
Defense, in consultation with the Secretary of Labor,'' and
inserting in lieu thereof ``Secretary, in consultation with the
Secretary of Defense,''; and
(6) in subsection (n), by striking out ``Secretary of
Defense, in consultation with the Secretary of Labor,'' and
inserting in lieu thereof ``Secretary, in consultation with the
Secretary of Defense,''.
(b) Defense Conversion Adjustment Program.--Section 325(a) of the
Job Training Partnership Act (29 U.S.C. 1662d(a)) is amended by
striking out ``From the amount appropriated pursuant to section 4203 of
the Defense Economic Adjustment, Diversification, Conversion, and
Stabilization Act of 1990,'' and inserting in lieu thereof ``From funds
made available to carry out this section,''.
SEC. 1137. EXPANSION OF PERSONNEL ADJUSTMENT, EDUCATION, AND TRAINING
PROGRAMS TO INCLUDE COAST GUARD.
(a) Preseparation Counseling.--As soon as possible after the date
of the enactment of this Act, the Secretary of Transportation shall
implement the requirements of section 1142 of title 10, United States
Code, for the Coast Guard.
(b) Employment Assistance, Job Training Assistance, and Other
Transitional Assistance.--Section 1144 of title 10, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) by inserting ``, the Secretary of
Transportation,'' after ``Secretary of Defense''; and
(B) by striking out ``of a military department''
and inserting in lieu thereof ``concerned'';
(2) in subsection (a)(2), by inserting ``, the Secretary of
Transportation,'' after ``Secretary of Defense'';
(3) in subsection (b)(4), by striking out ``Department of
Defense is'' and inserting in lieu thereof ``Department of
Defense and the Department of Transportation are'';
(4) in subsection (c), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense''; and
(5) in subsection (d)(2), by inserting ``and the Department
of Transportation'' after ``Department of Defense''.
(c) Teacher and Teacher's Aide Placement Program.--Section 1151 of
such title is amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense'' in the matter
preceding the paragraphs;
(3) in subsection (c)(1)--
(A) by striking out ``by the Secretary of Defense''
in the matter preceding the subparagraphs; and
(B) in subparagraph (C), by inserting ``of Defense,
or the Secretary of Transportation with respect to the
Coast Guard,'' after ``Secretary'';
(4) in subsection (c)(4), by striking out ``Secretary'' and
inserting in lieu thereof ``Secretaries'';
(5) in subsection (d), by inserting ``and the Secretary of
Transportation'' after ``Secretary of Defense'';
(6) in subsection (e)(1)--
(A) by inserting ``, and the Secretary of
Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(B) by striking out ``subsection (c)(3), the
Secretary'' and inserting in lieu thereof ``subsection
(c)(4), the Secretaries''; and
(C) by striking out ``Secretary may'' and inserting
in lieu thereof ``Secretaries may'';
(7) in subsection (e)(2), by striking out ``Secretary'' the
first two places it appears and inserting in lieu thereof
``Secretaries'';
(8) in subsection (e)(3)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after
``The Secretary''; and
(B) by inserting ``involved'' after ``unless the
Secretary'';
(9) in subsection (e)(4), by striking out ``Secretary''
both places it appears and inserting in lieu thereof
``Secretaries'';
(10) in subsection (f)--
(A) by inserting ``, or the Secretary of
Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'' in the matter preceding the
paragraphs; and
(B) in paragraph (1), by inserting ``involved''
after ``the Secretary'';
(11) in subsection (g)(1), by inserting ``, and the
Secretary of Transportation with respect to the Coast Guard,''
after ``Secretary of Defense'' in the matter preceding the
subparagraphs;
(12) in subsection (h)--
(A) in paragraph (1), by inserting ``and the
Secretary of Transportation'' after ``Secretary of
Defense''; and
(B) by inserting ``involved'' after ``Secretary''
each place it appears in paragraphs (2) through (6);
(13) in subsection (h)(7)--
(A) in subparagraph (A)--
(i) by inserting ``of Defense, and the
Secretary of Transportation with respect to the
Coast Guard,'' after ``the Secretary'' in the
first sentence; and
(ii) by inserting ``involved'' after ``The
Secretary'' in the second sentence; and
(B) in subparagraph (C), by inserting ``involved''
after ``The Secretary'';
(14) in subsection (i)--
(A) in paragraph (1), by inserting ``, or the
Secretary of Transportation with respect to the Coast
Guard,'' after ``Secretary of Defense''; and
(B) in paragraph (2), by striking out ``Secretary''
both places it appears and inserting in lieu thereof
``Secretaries''; and
(15) in subsection (j)--
(A) in paragraph (1)(F), by inserting ``, or the
Secretary of Transportation with respect to the Coast
Guard'' after ``Secretary of Defense''; and
(B) in paragraph (2), by inserting ``involved''
after ``Secretary'' both places it appears.
(d) Public Safety Officer Placement Program.--Section 1152 of such
title, as amended by section 1132(a), is further amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b)(1)(B), by inserting ``, or the
Secretary of Transportation with respect to the Coast Guard,''
after ``Secretary of Defense'';
(3) in subsection (c)(1)--
(A) by inserting ``, and the Secretary of
Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(B) by striking out ``to the Secretary'' and
inserting in lieu thereof ``to the Secretaries''; and
(C) by striking out ``Secretary may'' and inserting
in lieu thereof ``Secretaries may'';
(4) in subsection (c)(2)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after
``The Secretary''; and
(B) by inserting ``involved'' after ``unless the
Secretary'';
(5) in subsection (d)--
(A) in paragraph (1) by inserting ``and the
Secretary of Transportation'' after ``Secretary of
Defense''; and
(B) by inserting ``involved'' after ``Secretary''
each place it appears in paragraphs (2) through (5);
and
(6) in subsection (e)--
(A) in paragraph (1), by inserting ``, and the
Secretary of Transportation with respect to the Coast
Guard,'' after ``the Secretary of Defense''; and
(B) in paragraph (2), by inserting ``involved''
after ``The Secretary''.
(e) Health Care Placement Program.--Section 1153 of such title is
amended--
(1) in subsection (a), by inserting ``, and the Secretary
of Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(2) in subsection (b)(1)--
(A) by striking out ``by the Secretary of Defense''
in the matter preceding the subparagraphs; and
(B) in subparagraph (C), by inserting ``of Defense,
or the Secretary of Transportation with respect to the
Coast Guard,'' after ``Secretary'';
(3) in subsection (c)(1)--
(A) by inserting ``, and the Secretary of
Transportation with respect to the Coast Guard,'' after
``Secretary of Defense'';
(B) by striking out ``to the Secretary'' and
inserting in lieu thereof ``to the Secretaries''; and
(C) by striking out ``Secretary may'' and inserting
in lieu thereof ``Secretaries may'';
(4) in subsection (c)(2)--
(A) by inserting ``of Defense, and the Secretary of
Transportation with respect to the Coast Guard,'' after
``The Secretary''; and
(B) by inserting ``involved'' after ``unless the
Secretary'';
(5) in subsection (c)(3), by striking out ``Secretary''
both places it appears and inserting in lieu thereof
``Secretaries'';
(6) in subsection (d)--
(A) in paragraph (1) by inserting ``and the
Secretary of Transportation'' after ``Secretary of
Defense''; and
(B) by inserting ``involved'' after ``Secretary''
each place it appears in paragraphs (2) through (5);
and
(7) in subsection (e)--
(A) in paragraph (1), by inserting ``, and the
Secretary of Transportation with respect to the Coast
Guard,'' after ``the Secretary of Defense''; and
(B) in paragraph (2), by inserting ``involved''
after ``The Secretary''.
(f) Upward Bound.--Section 4466 of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (division D of
Public Law 102-484; 10 U.S.C. 1143 note) is amended by adding at the
end the following new subsection:
``(h) Application to Coast Guard.--The Secretary of Transportation
may implement the provisions of this section for the Coast Guard in the
same manner and to the same extent as such section applies to the
Department of Defense.''.
(g) Service Members Occupational Conversion and Training.--(1)
Section 4483(1) of the Service Members Occupational Conversion and
Training Act of 1992 (subtitle G of title XLIV of Public Law 102-484;
10 U.S.C. 1143 note) is amended by inserting before the period the
following: ``and the Secretary of Transportation with respect to the
Coast Guard''.
(2) As soon as possible after the date of the enactment of this
Act, the Secretary of Transportation shall implement the requirements
of the Service Members Occupational Conversion and Training Act of 1992
(subtitle G of title XLIV of Public Law 102-484; 10 U.S.C. 1143 note)
for the Coast Guard.
(h) Limitations on Funding.--Funds appropriated or otherwise made
available to the Department of Defense, the Department of Education,
the Department of Labor, or the Department of Veterans Affairs may not
be used to carry out subsection (a) or the amendments made by this
section.
SEC. 1138. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO REDUCTIONS
BY THE UNITED STATES IN THE EXPORT OF DEFENSE ARTICLES
AND SERVICES.
(a) Assistance Under the Defense Conversion Adjustment Program.--
Section 325 of the Job Training Partnership Act (29 U.S.C. 1662d) is
amended--
(1) in subsection (a), by striking out ``or by closures of
United States military facilities'' each place it appears and
inserting in lieu thereof ``, by closures of United States
military facilities, or by reductions in the export of defense
articles and defense services as a result of United States
policy, including reductions in the amount of defense articles
and defense services under agreements to provide such articles
or services or through termination or completion of any such
agreements'';
(2) in subsection (d), by striking out ``or by the closure
of United States military installations'' and inserting in lieu
thereof ``, by closures of United States military facilities,
or by reductions in the export of defense articles and defense
services as a result of United States policy, including
reductions in the amount of defense articles and defense
services under agreements to provide such articles or services
or through termination or completion of any such agreements'';
and
(3) by adding at the end the following new subsection:
``(f) Definition.--For purposes of this section, the term `defense
articles and defense services' means defense articles, defense
services, or design and construction services under the Arms Export
Control Act, including defense articles and defense services licensed
or approved for export under section 38 of that Act.''.
(b) Assistance Under the Defense Diversification Program.--Section
325A of the Job Training Partnership Act (29 U.S.C. 1662d-1) is
amended--
(1) in subsection (b)(3)(A), by striking out ``or the
closure or realignment of a military installation'' and
inserting in lieu thereof ``, the closure or realignment of a
military installation, or reductions in the export of defense
articles and defense services as a result of United States
policy, including reductions in the amount of defense articles
and defense services under agreements to provide such articles
or services or through termination or completion of any such
agreements'';
(2) in subsection (k)(1), by striking out ``or by the
closure of United States military installations'' and inserting
in lieu thereof ``, the closure of United States military
installations, or reductions in the export of defense articles
and defense services as a result of United States policy,
including reductions in the amount of defense articles and
defense services under agreements to provide such articles or
services or through termination or completion of any such
agreements''; and
(3) in subsection (o), by adding at the end the following
new paragraph:
``(3) Defense articles and defense services.--The term
`defense articles and defense services' means defense articles,
defense services, or design and construction services under the
Arms Export Control Act, including defense articles and defense
services licensed or approved for export under section 38 of
that Act.''.
Subtitle D--ARMS Initiative
SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTURING SUPPORT
INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing Support
Act of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C.
2501 note) is amended by striking out ``fiscal years 1993 and 1994''
and inserting in lieu thereof ``fiscal years 1993 through 1995''.
SEC. 1142. LOAN GUARANTEES UNDER ARMAMENT RETOOLING AND MANUFACTURING
SUPPORT INITIATIVE.
Section 193 of the Armament Retooling and Manufacturing Support Act
of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 2501
note) is amended by adding at the end the following new subsection:
``(d) Loan Guarantees To Support ARMS Initiative.--(1) Subject to
the availability of appropriations for this purpose, the Secretary of
the Army may support the purposes of the ARMS Initiative by conducting
a program to issue guarantees during fiscal year 1995 against the risk
of nonpayment arising out of loans provided to businesses establishing
commercial activities on inactive and active ammunition manufacturing
facilities of the Department of the Army. During fiscal year 1995, the
subsidy cost of loan guarantees issued under the loan guarantee program
may not exceed $43,000,000.
``(2) Applications for guarantees under the loan guarantee program
shall be submitted to the Secretary of the Army. The maximum amount of
loan principal that the Secretary may guarantee under loan guarantee
program with respect to any loan may not exceed $20,000,000. Any such
loan shall provide for repayment over a period not to exceed 10 years.
``(3) The Secretary of the Army may enter into a cooperative
agreement with an appropriate Federal agency, under which such agency
will process applications submitted under paragraph (2) and otherwise
operate the loan guarantee program on behalf of the Secretary of the
Army. From funds made available for the loan guarantee program, the
Secretary of the Army may transfer to such agency pursuant to the
agreement such sums as may be necessary for such agency to carry out
its activities under the loan guarantee program.''.
Subtitle E--Other Matters
SEC. 1151. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR ACTUAL
TERMINATION OF DEFENSE PROGRAMS.
(a) Time for Notice Requirement After Submission of Budget.--
Subsection (a) of section 4471 of the Defense Conversion, Reinvestment,
and Transition Assistance Act of 1992 (division D of Public Law 102-
484; 106 Stat. 2753; 10 U.S.C. 2501 note) is amended--
(1) by striking out ``As soon as reasonably practicable''
and inserting in lieu thereof ``Not later than 30 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
(b) Time for Notice Requirement After Enactment of Appropriations
Act.--Subsection (b) of such section is amended--
(1) by striking out ``as soon as reasonably practicable''
and inserting in lieu thereof ``not later than 30 days''; and
(2) by striking out ``and not more than 180 days after such
date,''.
(c) Time for Notice Requirement on Withdrawal of Notification.--
Subsection (f) of such section is amended--
(1) by striking out ``as soon as reasonably practicable''
and inserting in lieu thereof ``not later than 30 days''; and
(2) by striking out ``and not more than 45 days after such
date,''.
SEC. 1152. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRONMENTAL TECHNOLOGIES
FOR DREDGING OF DUAL-USE PORTS.
(a) Establishment.--The Secretary of Defense shall establish a plan
for the Department of Defense to encourage the further development and
deployment of existing defense environmental technologies in support of
the dredging requirements of dual-use ports, including--
(1) the environmentally secure containment and management
of contaminated dredged materials; and
(2) the decontamination of dredged materials.
(b) Matters To Be Included.--The plan to be established pursuant to
subsection (a) shall include the following:
(1) A description of defense reinvestment and defense
conversion programs under chapter 148 of title 10, United
States Code, that are available to facilitate the deployment of
defense environmental technologies in support of the dredging
requirements of dual-use ports.
(2) A description of existing defense environmental
technologies and processes that are available to support the
objectives of the plan to be established pursuant to subsection
(a).
(3) Recommendations for strategies to deploy such
technologies and processes to ports of various sizes,
including--
(A) ports with projects requiring more than
5,000,000 cubic yards of sediment to be dredged
annually;
(B) ports with projects requiring more than
1,000,000 cubic yards of sediment to be dredged
annually;
(C) ports that have been affected by, or are likely
to be affected by, the closure of one or more major
military installations and that, as a result thereof,
require substantial environmental remediation; and
(D) military port installations that have
experienced significant delays in advancing dredging
projects because of environmental compliance or dredged
material disposal problems.
(4) After consultation with the heads of other appropriate
Federal agencies, an assessment of other available technologies
and processes that may be used in support of the plan to be
established pursuant to subsection (a).
(5) An assessment of the potential benefits and methods of
transfer of technologies and processes for use in connection
with dredging processes in commercial ports and waterways.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall transmit to
Congress a report containing the plan to be established pursuant to
subsection (a).
SEC. 1153. PILOT PROGRAM TO DEVELOP AND DEMONSTRATE ENVIRONMENTAL
REMEDIATION TECHNOLOGIES.
(a) Cooperative Agreement for Pilot Program.--(1) The Secretary of
Defense may enter into a cooperative agreement with an institution of
higher education for the purpose of facilitating the development and
demonstration of new methods and technologies for more effective and
expedient environmental remediation at military installations by
engaging in a pilot demonstration project as provided in subsection
(b).
(2) If the Secretary enters into a cooperative agreement under
paragraph (1), the agreement shall authorize the institution of higher
education to enter into partnerships or other relationships with
private and public entities for purposes of conducting activities under
the cooperative agreement.
(b) Pilot Project at Defense Landfill.--(1) If the Secretary enters
into a cooperative agreement under subsection (a)(1), the agreement
shall authorize the institution of higher education to participate in a
cooperative pilot demonstration project at a Government landfill
described in paragraph (2) if such demonstration project can be carried
out in a manner that is consistent with all other actions at such
landfill that the Secretary is legally required to undertake. The
institution of higher education may engage in such project on a long-
term basis to address the broader issues of environmental remediation
and conversion of facilities of the Department of Defense.
(2) The Government landfill referred to in paragraph (1) is a
Government landfill that--
(A) is listed on the National Priorities List pursuant to
section 105(a)(8)(B) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)); and
(B) is located on a military installation to be closed
pursuant to a base closure law.
(c) Funding.--(1) There is authorized to be appropriated to the
Secretary of Defense for fiscal year 1995 $4,000,000 for the
establishment of the cooperative agreement and the activities necessary
to conduct the pilot project.
(2) The amount authorized in section 201 for the joint Department
of Defense and Department of Energy munitions technology development
program for fiscal year 1995 is hereby reduced by $4,000,000.
TITLE XII--COOPERATIVE THREAT REDUCTION, COUNTERPROLIFERATION, AND
RELATED MATTERS
Subtitle A--Cooperative Threat Reduction
SEC. 1201. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) Required Report.--Of the amount authorized to be appropriated
in section 301 for Cooperative Threat Reduction programs, not more than
10 percent may be obligated until the Secretary of Defense submits to
Congress a report on the efforts made by the United States Government
(including the use of audits, examinations, and on-site inspections) to
ensure that United States assistance provided under the Cooperative
Threat Reduction program in fiscal year 1994 and prior years is fully
accounted for and is being used for its intended purposes.
(b) Information To Be Included.--The report--
(1) shall include--
(A) a listing of United States Cooperative Threat
Reduction assistance provided as of the time the report
is submitted;
(B) a description of the whereabouts and conditions
of the aid; and
(C) a determination of whether the aid in question
has been used for its intended purpose; and
(2) shall describe the activities planned in fiscal year
1995 to ensure that United States assistance provided that
fiscal year is fully accounted for and is used for its intended
purpose.
(c) Comptroller General Assessment.--Not later than 30 days after
the date on which the report described in subsection (a) is submitted
to Congress, the Comptroller General of the United States shall submit
to Congress a report giving the Comptroller General's assessing the
Secretary's report and making any recommendations the Comptroller
General considers appropriate.
SEC. 1202. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL RELATING TO
WEAPONS OF MASS DESTRUCTION.
The Secretary of Defense shall submit to Congress a report on
progress being made in each state of the former Soviet Union that is a
recipient of assistance under Cooperative Threat Reduction programs
toward the development of an effective system of control and
accountability for material related to weapons of mass destruction in
that country. Under such a system, officials of the United States and
of the recipient country should have an accurate accounting of the
weapons of mass destruction in that country and the fissile and
chemical materials from those weapons. The report shall be submitted
not later than three months after the date of the enactment of this
Act.
SEC. 1203. COOPERATIVE THREAT REDUCTION.
(a) Funding Report to Congress.--The Secretary of Defense shall
submit to Congress a report as described in subsection (b) on funding
for programs of cooperative threat reduction with states of the former
Soviet Union. The report shall be submitted at the time of the
transmission to Congress of the budget justification materials for the
funding request in the fiscal year 1996 budget for such cooperative
threat reduction programs.
(b) Matters To Be Included in Annual Report.--The Secretary of
Defense shall include in the report under subsection (a) the following:
(1) An estimate of the total amount that will be required
to be expended by the United States in order to achieve the
objectives of cooperative threat reduction programs.
(2) A multiyear plan for the use of amounts and other
resources provided by the United States for cooperative threat
reduction programs and to provide guidance for preparation of
annual budget submissions.
(c) Subsequent Revisions to Report.--The Secretary of Defense shall
submit an updated version of the report under subsection (a) for any
fiscal year after fiscal year 1996 for which the budget of the
President proposes that funds be appropriated to the Department of
Defense for cooperative threat reduction programs.
(d) Fiscal Year 1995 Limitation.--Of the amount authorized in this
Act for cooperative threat reduction programs, the sum of $50,000,000
may not be obligated until the President certifies to Congress that the
United States is making a concerted effort to ensure that allies of the
United States are increasing their levels of support for activities
that will aid in accomplishing the objectives of the cooperative threat
reduction programs.
(e) Cooperative Threat Reduction Programs.--For purposes of this
section, cooperative threat reduction programs are those programs
described in section 1203(b) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1778).
SEC. 1204. LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM.
Of the amount authorized to be appropriated in section 301(21) for
Former Soviet Union Threat Reduction programs--
(1) none of such amounts may be obligated for environmental
restoration or for housing of former or retired military
personnel of the Soviet Union;
(2) not more than $60,000,000 may be obligated for the
demilitarization of defense industries and the conversion of
military technologies and capabilities into civilian
activities;
(3) not more than $200,000,000 may be obligated for Weapons
Dismantlement, Destruction, and Denuclearization;
(4) not more than $60,000,000 may be obligated for Safety
and Security, Transportation, and Storage;
(5) not more than $40,000,000 may be obligated for
Nonproliferation;
(6) not more than $20,000,000 may be obligated for Defense
and Military-to-Military Contacts; and
(7) not more than $20,000,000 may be obligated for
Research, Support, and Overhead.
Subtitle B--Counterproliferation Activities
SEC. 1211. EXTENSION AND REVISION OF COUNTERPROLIFERATION AUTHORITIES.
(a) Extension of International Nonproliferation Authorities.--
Section 1505 of the National Defense Authorization Act for Fiscal Year
1993 (22 U.S.C. 5859a) is amended--
(1) in subsection (a), by striking out ``during fiscal year
1994''; and
(2) in subsection (e), by striking out ``of fiscal year
1994'' and inserting in lieu thereof ``of a fiscal year''.
(b) Additional Nonproliferation Authorities.--Subsection (b) of
such section is amended--
(1) in paragraph (1)--
(A) by striking out ``the International Atomic
Energy Agency (IAEA)'' and inserting in lieu thereof
``international organizations'';
(B) by striking out ``nuclear'';
(C) by striking out ``aggressive'' and inserting in
lieu thereof ``effective''; and
(D) by striking out ``the Treaty on'' and all that
follows in such paragraph and inserting in lieu thereof
``international agreements on nonproliferation.'';
(2) in paragraph (2), by striking out ``the On-Site
Inspection Agency'' and inserting in lieu thereof ``the
Department of Defense'';
(3) in paragraph (4), by striking out ``nuclear
proliferation'' and all that follows in such paragraph and
inserting in lieu thereof ``proliferation of nuclear,
biological, and chemical weapons, their delivery systems,
related technologies, and other weapons.''; and
(4) by adding at the end the following new paragraph:
``(5) Activities supporting the dismantlement and
destruction of nuclear, biological, and chemical weapons, their
delivery systems, related technologies, and other weapons.''.
(c) Repeal of Funding Limitations.--Subsection (d) of such section
is amended--
(1) by striking out paragraphs (1) and (3); and
(2) by striking out ``(2)''.
(d) Cross Reference Amendment.--Subsection (e)(2) of such section
is amended by striking out ``and under subsection (d)(4)''.
SEC. 1212. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION
POLICY.
(a) Extension of Authority.--Subsection (a) of section 1603 of the
National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C.
5859a; 107 Stat. 1843) is amended by striking out ``During fiscal year
1994, the Secretary'' and inserting in lieu thereof ``The Secretary'';
(b) Repeal of Reporting Requirement.--Such section is further
amended--
(1) by striking out subsections (d) and (e); and
(2) by redesignating subsection (f) as subsection (d).
SEC. 1213. FISCAL YEAR 1995 AMOUNT.
(a) Fiscal Year 1995 Amount.--Of the total amount authorized to be
appropriated in section 301 for Defense-wide activities, $30,159,000 is
available for the purposes of conducting counterproliferation
activities.
(b) Restriction.--None of the amount specified in subsection (a)
may be obligated until 15 days after the date on which the Secretary of
Defense submits to the congressional committees named in section
1607(1) of Public Law 103-160 a report setting forth--
(1) a description of all of the activities within the
Department of Defense that are being carried out or are to be
carried out for the purposes stated in section 1603 of the
National Defense Authorization Act for Fiscal Year 1994 (22
U.S.C. 5859a; 107 Stat. 1843);
(2) the plan for coordinating and integrating those
activities within the Department of Defense;
(3) the plan for coordinating and integrating those
activities with those of other Federal agencies; and
(4) the sources of the funds to be used for such purposes.
SEC. 1214. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF
PREVIOUSLY REQUIRED REPORT.
(a) Limitation.--Of the total amount specified in section 1213(a)
for counterproliferation activities for fiscal year 1995, $2,000,000
shall be withheld from obligation until the report described in
subsection (b) has been submitted to Congress.
(b) Report.--The report referred to in subsection (a) is the report
required to be submitted to Congress not later than May 30, 1994,
pursuant to section 1422 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1829).
TITLE XIII--RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Reserve Officer Personnel
Management Act''.
SEC. 1302. REFERENCES TO TITLE 10, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 10, United States
Code.
Subtitle A--Reserve Officer Personnel Management
PART I--REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM
SEC. 1311. PROMOTION AND RETENTION OF RESERVE OFFICERS.
Title 10, United States Code, is amended by adding at the end the
following new subtitle:
``Subtitle E--Reserve Components
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap. Sec.
``1001. Definitions......................................... 10001
``1003. Reserve Components Generally........................ 10101
``1005. Elements of Reserve Components...................... 10141
``1007. Administration of Reserve Components................ 10201
``1009. Reserve Forces Policy Boards and Committees......... 10301
``1011. National Guard Bureau............................... 10501
``1013. Budget Information and Annual Reports to Congress... 10541
``PART II--PERSONNEL GENERALLY
``1201. Authorized Strengths and Distribution in Grade...... 12001
``1203. Enlisted Members.................................... 12101
``1205. Appointment of Reserve Officers..................... 12201
``1207. Warrant Officers.................................... 12241
``1209. Active Duty......................................... 12301
``1211. National Guard Members in Federal Service........... 12401
``1213. Special Appointments, Assignments, Details, and 12501
Duties.
``1215. Miscellaneous Prohibitions and Penalties
[No present sections]
``1217. Miscellaneous Rights and Benefits................... 12601
``1219. Standards and Procedures for Retention and Promotion 12641
``1221. Separation.......................................... 12681
``1223. Retired Pay for Non-Regular Service................. 12731
``1225. Retired Grade....................................... 12771
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``1401. Applicability and Reserve Active-Status Lists....... 14001
``1403. Selection Boards.................................... 14101
``1405. Promotions.......................................... 14301
``1407. Failure of Selection for Promotion and Involuntary 14501
Separation.
``1409. Continuation of Officers on the Reserve-Active 14701
Status List and Selective Early
Removal.
``1411. Additional Provisions Relating to Involuntary 14901
Separation.
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``1601. Training Generally........................[No present sections]
``1606. Educational Assistance for Members of the Selected 16131
Reserve.
``1608. Health Professions Stipend Program.................. 16201
``1609. Education Loan Repayments........................... 16301
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``1801. Issue of Serviceable Material to Reserve [No present sections]
Components.
``1803. Facilities for Reserve Components................... 18231
``1805. Miscellaneous Provisions............................ 18501
``PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
STATUS LIST
``Chap. Sec.
``1401. Applicability and Reserve Active-Status Lists....... 14001
``1403. Selection Boards.................................... 14101
``1405. Promotions.......................................... 14301
``1407. Failure of Selection for Promotion and Involuntary 14501
Separation.
``1409. Continuation of Officers on the Reserve Active- 14701
Status List and Selective Early
Removal.
``1411. Additional Provisions Relating to Involuntary 14901
Separation.
``CHAPTER 1401--APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS
``Sec.
``14001. Applicability of this part.
``14002. Reserve active-status lists: requirement for each armed force.
``14003. Reserve active-status lists: position of officers on the list.
``14004. Reserve active-status lists: eligibility for Reserve
promotion.
``14005. Competitive categories.
``14006. Determination of years in grade.
``Sec. 14001. Applicability of this part
``This chapter and chapters 1403 through 1411 of this title apply,
as appropriate, to all reserve officers of the Army, Navy, Air Force,
and Marine Corps except warrant officers.
``Sec. 14002. Reserve active-status lists: requirement for each armed
force
``(a) The Secretary of each military department shall maintain a
single list, to be known as the reserve active-status list, for each
armed force under the Secretary's jurisdiction. That list shall include
the names of all reserve officers of that armed force who are in an
active status other than those on an active-duty list described in
section 620 of this title or warrant officers (including commissioned
warrant officers).
``(b) The reserve active-status list for the Army shall include
officers in the Army Reserve and the Army National Guard of the United
States. The reserve active-status list for the Air Force shall include
officers in the Air Force Reserve and the Air National Guard of the
United States. The Secretary of the Navy shall maintain separate lists
for the Naval Reserve and the Marine Corps Reserve.
``Sec. 14003. Reserve active-status: position of officers on the list
``(a) Position on List.--Officers shall be carried on the reserve
active-status list of the armed force of which they are members in the
order of seniority of the grade in which they are serving in an active
status. Officers serving in the same grade shall be carried in the
order of their rank in that grade.
``(b) Effect on Position Held by Reason of Temporary Appointment or
Assignment.--An officer whose position on the reserve active-status
list results from service under a temporary appointment or in a grade
held by reason of assignment to a position has, when that appointment
or assignment ends, the grade and position on that list that the
officer would have held if the officer had not received that
appointment or assignment.
``Sec. 14004. Reserve active-status lists: eligibility for Reserve
promotion
``Except as otherwise provided by law, an officer must be on a
reserve active-status list to be eligible under chapter 1405 of this
title for consideration for selection for promotion or for promotion.
``Sec. 14005. Competitive categories
``Each officer whose name appears on a reserve active-status list
shall be placed in a competitive category. The competitive categories
for each armed force shall be specified by the Secretary of the
military department concerned under regulations prescribed by the
Secretary of Defense. Officers in the same competitive category shall
compete among themselves for promotion.
``Sec. 14006. Determination of years in grade
``For the purpose of chapters 1403 through 1411 of this title, an
officer's years of service in a grade are computed from the officer's
date of rank in grade as determined under section 741(d) of this title.
``CHAPTER 1403--SELECTION BOARDS
``Sec.
``14101. Convening of selection boards.
``14102. Selection boards: appointment and composition.
``14103. Oath of members.
``14104. Confidentiality of board proceedings.
``14105. Notice of convening of selection board.
``14106. Communication with board by officers under consideration.
``14107. Information furnished by the Secretary concerned to promotion
boards.
``14108. Recommendations by promotion boards.
``14109. Reports of promotion boards: in general.
``14110. Reports of promotion boards: review by Secretary.
``14111. Reports of selection boards: transmittal to President.
``14112. Dissemination of names of officers selected.
``Sec. 14101. Convening of selection boards
``(a) Promotion Boards.--(1) Whenever the needs of the Army, Navy,
Air Force, or Marine Corps require, the Secretary concerned shall
convene a selection board to recommend for promotion to the next higher
grade, under chapter 1405 of this title, officers on the reserve
active-status list of that armed force in a permanent grade from first
lieutenant through brigadier general or, in the case of the Naval
Reserve, lieutenant (junior grade) through rear admiral (lower half). A
selection board convened under this subsection shall be known as a
`promotion board'.
``(2) A promotion board convened to recommend reserve officers of
the Army or reserve officers of the Air Force for promotion (A) to fill
a position vacancy under section 14315 of this title, or (B) to the
grade of brigadier general or major general, shall (except in the case
of a board convened to consider officers as provided in section
14301(e) of this title) be known as a `vacancy promotion board'. Any
other promotion board convened under this subsection shall be known as
a `mandatory promotion board'.
``(b) Continuation Boards.--Whenever the needs of the Army, Navy,
Air Force, or Marine Corps require, the Secretary concerned may convene
a selection board to recommend officers of that armed force--
``(1) for continuation on the reserve active-status list
under section 14701 of this title;
``(2) for selective early removal from the reserve active-
status list under section 14704 of this title; or
``(3) for selective early retirement under section 14705 of
this title.
A selection board convened under this subsection shall be known as a
`continuation board'.
``Sec. 14102. Selection boards: appointment and composition
``(a) Appointment.--Members of selection boards convened under
section 14101 of this title shall be appointed by the Secretary of the
military department concerned in accordance with this section.
Promotion boards and special selection boards shall consist of five or
more officers. Continuation boards shall consist of three or more
officers. All of the officers of any such selection board shall be of
the same armed force as the officers under consideration by the board.
``(b) Composition.--At least one-half of the members of such a
selection board shall be reserve officers, to include at least one
reserve officer from each reserve component from which officers are to
be considered by the board. Each member of a selection board must hold
a permanent grade higher than the grade of the officers under
consideration by the board, and no member of a board may hold a grade
below major or lieutenant commander.
``(c) Representation of Competitive Categories.--(1) Except as
provided in paragraph (2), a selection board shall include at least one
officer from each competitive category of officers to be considered by
the board.
``(2) A selection board need not include an officer from a
competitive category to be considered by the board if there is no
officer of that competitive category on the reserve active-status list
or the active-duty list in a permanent grade higher than the grade of
the officers to be considered by the board and otherwise eligible to
serve on the board. However, in such a case, the Secretary of the
military department concerned, in his discretion, may appoint as a
member of the board a retired officer of that competitive category who
is in the same armed force as the officers under consideration by the
board who holds a higher grade than the grade of the officers under
consideration.
``(d) Prohibition of Service on Consecutive Promotion Boards.--No
officer may be a member of two successive promotion boards convened
under section 14101(a) of this title for the consideration of officers
of the same competitive category and grade if the second of the two
boards is to consider any officer who was considered and not
recommended for promotion to the next higher grade by the first of the
two boards.
``Sec. 14103. Oath of members
``Each member of a selection board convened under section 14101 of
this title shall take an oath to perform the duties of a member of the
board without prejudice or partiality, having in view both the special
fitness of officers and the efficiency of the member's armed force.
``Sec. 14104. Confidentiality of board proceedings
``Except as otherwise authorized or required by law, the
proceedings of a selection board convened under section 14101 of this
title may not be disclosed to any person not a member of the board.
``Sec. 14105. Notice of convening of promotion board
``(a) Required Notice.--At least 30 days before a promotion board
is convened under section 14101(a) of this title to consider officers
in a grade and competitive category for promotion to the next higher
grade, the Secretary concerned shall either (1) notify in writing the
officers eligible for consideration by the board for promotion
regarding the convening of the board, or (2) issue a general written
notice to the armed force concerned regarding the convening of the
board.
``(b) Content of Notice.--A notice under subsection (a) shall
include the date on which the board is to convene and (except in the
case of a vacancy promotion board) the name and date of rank of the
junior officer, and of the senior officer, in the promotion zone as of
the date of the notice.
``Sec. 14106. Communication with board by officers under consideration
``Subject to regulations prescribed by the Secretary of the
military department concerned, an officer eligible for consideration by
a promotion board convened under section 14101(a) of this title who is
in the promotion zone or above the promotion zone, or who is to be
considered by a vacancy promotion board, may send a written
communication to the board calling attention to any matter concerning
the officer which the officer considers important to the officer's
case. Any such communication shall be sent so as to arrive not later
than the date on which the board convenes. The board shall give
consideration to any timely communication under this section.
``Sec. 14107. Information furnished by the Secretary concerned to
promotion boards
``(a) Integrity of the Promotion Selection Board Process.--(1) The
Secretary of Defense shall prescribe regulations governing information
furnished to selection boards convened under section 14101(a) of this
title. Those regulations shall apply uniformly among the military
departments. Any regulations prescribed by the Secretary of a military
department to supplement those regulations may not take effect without
the approval of the Secretary of Defense in writing.
``(2) No information concerning a particular eligible officer may
be furnished to a selection board except for the following:
``(A) Information that is in the officer's official
military personnel file and that is provided to the selection
board in accordance with the regulations prescribed by the
Secretary of Defense pursuant to paragraph (1).
``(B) Other information that is determined by the Secretary
of the military department concerned, after review by that
Secretary in accordance with standards and procedures set out
in the regulations prescribed by the Secretary of Defense
pursuant to paragraph (1), to be substantiated, relevant
information that could reasonably and materially affect the
deliberations of the promotion board.
``(C) Subject to such limitations as may be prescribed in
those regulations, information communicated to the board by the
officer in accordance with this section, section 14106 of this
title (including any comment on information referred to in
subparagraph (A) regarding that officer), or other applicable
law.
``(D) A factual summary of the information described in
subparagraphs (A), (B), and (C) that, in accordance with the
regulations prescribed pursuant to paragraph (1) is prepared by
administrative personnel for the purpose of facilitating the
work of the selection board.
``(3) Information provided to a promotion board in accordance with
paragraph (2) shall be made available to all members of the board and
shall be made a part of the record of the board. Communication of such
information shall be in a written form or in the form of an audio or
video recording. If a communication is in the form of an audio or video
recording, a written transcription of the recording shall also be made
a part of the record of the promotion board.
``(4) Paragraphs (2) and (3) do not apply to the furnishing of
appropriate administrative processing information to the promotion
board by an administrative staff designated to assist the board, but
only to the extent that oral communications are necessary to facilitate
the work of the board.
``(5) Information furnished to a promotion board that is described
in subparagraph (B), (C), or (D) of paragraph (2) may not be furnished
to a later promotion board unless--
``(A) the information has been properly placed in the
official military personnel file of the officer concerned; or
``(B) the information is provided to the later selection
board in accordance with paragraph (2).
``(6)(A) Before information described in paragraph (2)(B) regarding
an eligible officer is furnished to a selection board, the Secretary of
the military department concerned shall ensure--
``(i) that such information is made available to such
officer; and
``(ii) that the officer is afforded a reasonable
opportunity to submit comments on that information to the
promotion board.
``(B) If an officer cannot be given access to the information
referred to in subparagraph (A) because of its classification status,
the officer shall, to the maximum extent practicable, be furnished an
appropriate summary of the information.
``(b) Information To Be Furnished.--The Secretary of the military
department concerned shall furnish to a promotion board convened under
section 14101(a) of this title the following:
``(1) In the case of a mandatory promotion board, the
maximum number (as determined in accordance with section 14307
of this title) of officers in each competitive category under
consideration that the board is authorized to recommend for
promotion to the next higher grade.
``(2) The name of each officer in each competitive category
under consideration who is to be considered by the board for
promotion.
``(3) The pertinent records (as determined by the
Secretary) of each officer whose name is furnished to the
board.
``(4) Information or guidelines relating to the needs of
the armed force concerned for officers having particular
skills, including (except in the case of a vacancy promotion
board) guidelines or information relating to either a minimum
number or a maximum number of officers with particular skills
within a competitive category.
``(5) Such other information or guidelines as the Secretary
concerned may determine to be necessary to enable the board to
perform its functions.
``(c) Limitation on Modifying Furnished Information.--Information
or guidelines furnished to a selection board under subsection (a) may
not be modified, withdrawn, or supplemented after the board submits its
report to the Secretary of the military department concerned pursuant
to section 14109(a) of this title. However, in the case of a report
returned to a board pursuant to section 14110(a) of this title for
further proceedings because of a determination by the Secretary of the
military department concerned that the board acted contrary to law,
regulation, or guidelines, the Secretary may modify, withdraw, or
supplement such information or guidelines as part of a written
explanation to the board as provided in that section.
``(d) Officers in Health-Professions Competitive Categories.--The
Secretary of each military department, under uniform regulations
prescribed by the Secretary of Defense, shall include in guidelines
furnished to a promotion board convened under section 14101(a) of this
title that is considering officers in a health-professions competitive
category for promotion to a grade below colonel or, in the case of
officers of the Naval Reserve, captain, a direction that the board give
consideration to an officer's clinical proficiency and skill as a
health professional to at least as great an extent as the board gives
to the officer's administrative and management skills.
``Sec. 14108. Recommendations by promotion boards
``(a) Recommendation of Best Qualified Officers.--A promotion board
convened under section 14101(a) of this title shall recommend for
promotion to the next higher grade those officers considered by the
board whom the board considers best qualified for promotion within each
competitive category considered by the board or, in the case of a
vacancy promotion board, among those officers considered to fill a
vacancy. In determining those officers who are best qualified for
promotion, the board shall give due consideration to the needs of the
armed force concerned for officers with particular skills (as noted in
the guidelines or information furnished the board under sections 14107
of this title).
``(b) Majority Required.--A promotion board convened under section
14101(a) of this title may not recommend an officer for promotion
unless--
``(1) the officer receives the recommendation of a majority
of the members of the board; and
``(2) a majority of the members of the board finds that the
officer is fully qualified for promotion.
``(c) Board Recommendation Required for Promotion.--Except as
otherwise provided by law, an officer on the reserve active-status list
may not be promoted to a higher grade under chapter 1405 of this title
unless the officer is considered and recommended for promotion to that
grade by a promotion board convened under section 14101(a) of this
title (or by a special selection board convened under section 14502 of
this title).
``(d) Disclosure of Board Recommendations.--The recommendations of
a promotion board may be disclosed only in accordance with regulations
prescribed by the Secretary of Defense. Those recommendations may not
be disclosed to a person not a member of the board (or a member of the
administrative staff designated by the Secretary concerned to assist
the board) until the written report of the recommendations of the
board, required by section 14109 of this title, is signed by each
member of the board.
``(e) Prohibition of Coercion and Unauthorized Influence of Actions
of Board Members.--The Secretary convening a promotion board under
section 14101(a) of this title, and an officer or other official
exercising authority over any member of a selection board, may not--
``(1) censure, reprimand, or admonish the selection board
or any member of the board with respect to the recommendations
of the board or the exercise of any lawful function within the
authorized discretion of the board; or
``(2) attempt to coerce or, by any unauthorized means,
influence any action of a promotion board or any member of a
promotion board in the formulation of the board's
recommendations.
``Sec. 14109. Reports of promotion boards: in general
``(a) Report of Officers Recommended for Promotion.--Each promotion
board convened under section 14101(a) of this title shall submit to the
Secretary of the military department concerned a report in writing
containing a list of the names of the officers recommended by the board
for promotion. The report shall be signed by each member of the board.
``(b) Certification.--Each report under subsection (a) shall
include a certification--
``(1) that the board has carefully considered the record of
each officer whose name was furnished to the board; and
``(2) that, in the case of a promotion board convened under
section 14101(a) of this title, in the opinion of a majority of
the members of the board, the officers recommended for
promotion by the board are best qualified for promotion to meet
the needs of the armed force concerned (as noted in the
guidelines or information furnished the board under section
14107 of this title) among those officers whose names were
furnished to the selection board.
``(c) Show-Cause Recommendations.--(1) A promotion board convened
under section 14101(a) of this title shall include in its report to the
Secretary concerned the name of any reserve officer before it for
consideration for promotion whose record, in the opinion of a majority
of the members of the board, indicates that the officer should be
required to show cause for retention in an active status.
``(2) If such a report names an officer as having a record which
indicates that the officer should be required to show cause for
retention, the Secretary concerned may provide for the review of the
record of that officer as provided under regulations prescribed under
section 14902 of this title.
``Sec. 14110. Reports of promotion boards: review by Secretary
``(a) Review of Report.--Upon receipt of the report of a promotion
board submitted under section 14109(a) of this title, the Secretary of
the military department concerned shall review the report to determine
whether the board has acted contrary to law or regulation or to
guidelines furnished the board under section 14107(a) of this title.
Following that review, unless the Secretary concerned makes a
determination as described in subsection (b), the Secretary shall
submit the report as required by section 14111 of this title.
``(b) Return of Report for Further Proceedings.--If, on the basis
of a review of the report under subsection (a), the Secretary of the
military department concerned determines that the board acted contrary
to law or regulation or to guidelines furnished the board under section
14107(a) of this title, the Secretary shall return the report, together
with a written explanation of the basis for such determination, to the
board for further proceedings. Upon receipt of a report returned by the
Secretary concerned under this subsection, the selection board (or a
subsequent selection board convened under section 14101(a) of this
title for the same grade and competitive category) shall conduct such
proceedings as may be necessary in order to revise the report to be
consistent with law, regulation, and such guidelines and shall resubmit
the report, as revised, to the Secretary in accordance with section
14109 of this title.
``Sec. 14111. Reports of selection boards: transmittal to President
``(a) Transmittal to President.--The Secretary concerned, after
final review of the report of a selection board under section 14110 of
this title, shall submit the report with the Secretary's
recommendations, to the Secretary of Defense for transmittal by the
Secretary to the President for approval or disapproval. If the
authority of the President to approve or disapprove the report of a
promotion board is delegated to the Secretary of Defense, that
authority may not be redelegated except to an official in the Office of
the Secretary of Defense.
``(b) Removal of Name From Board Report.--The name of an officer
recommended for promotion by a selection board may be removed from the
report of the selection board only by the President.
``(c) Recommendations for Removal of Selected Officers From
Report.--If the Secretary of a military department or the Secretary of
Defense makes a recommendation under this section that the name of an
officer be removed from the report of a promotion board and the
recommendation is accompanied by information that was not presented to
that promotion board, that information shall be made available to that
officer. The officer shall then be afforded a reasonable opportunity to
submit comments on that information to the officials making the
recommendation and the officials reviewing the recommendation. If an
eligible officer cannot be given access to such information because of
its classification status, the officer shall, to the maximum extent
practicable, be provided with an appropriate summary of the
information.
``Sec. 14112. Dissemination of names of officers selected
``Upon approval by the President of the report of a promotion
board, the names of the officers recommended for promotion by the
promotion board (other than any name removed by the President) may be
disseminated to the armed force concerned. If those names have not been
sooner disseminated, those names (other than the name of any officer
whose promotion the Senate failed to confirm) shall be promptly
disseminated to the armed force concerned upon confirmation by the
Senate.
``CHAPTER 1405--PROMOTIONS
``Sec.
``14301. Eligibility for consideration for promotion: general rules.
``14302. Promotion zones.
``14303. Eligibility for consideration for promotion: minimum years of
service in grade.
``14304. Eligibility for consideration for promotion: maximum years of
service in grade.
``14305. Establishment of promotion zones: mandatory consideration for
promotion.
``14306. Establishment of promotion zones: Naval Reserve and Marine
Corps Reserve running mate system.
``14307. Numbers of officers to be recommended for promotion.
``14308. Promotions: how made.
``14309. Acceptance of promotion: oath of office.
``14310. Removal of officers from a list of officers recommended for
promotion.
``14311. Delay of promotion: involuntary.
``14312. Delay of promotion: voluntary.
``14313. Authority to vacate promotions to grade of brigadier general
or rear admiral (lower half).
``14314. Army and Air Force commissioned officers: generals ceasing to
occupy positions commensurate with grade;
state adjutants general.
``14315. Position vacancy promotions: Army and Air Force officers.
``14316. Army National Guard and Air National Guard: appointment to and
Federal recognition in a higher reserve
grade after selection for promotion.
``14317. Officers in transition to and from the active-status list or
active-duty list.
``Sec. 14301. Eligibility for consideration for promotion: general
rules
``(a) One-Year Rule.--An officer is eligible under this chapter for
consideration for promotion by a promotion board convened under section
14101(a) of this title only if--
``(1) the officer is on the reserve active-status list of
the Army, Navy, Air Force, or Marine Corps; and
``(2) during the one-year period ending on the date of the
convening of the promotion board the officer has continuously
performed service on either the reserve active-status list or
the active-duty list (or on a combination of both lists).
``(b) Requirement for Consideration of All Officers In and Above
the Zone.--Whenever a promotion board (other than a vacancy promotion
board) is convened under section 14101(a) of this title for
consideration of officers in a competitive category who are eligible
under this chapter for consideration for promotion to the next higher
grade, each officer in the promotion zone, and each officer above the
promotion zone, for that grade and competitive category shall be
considered for promotion.
``(c) Previously Selected Officers Not Eligible To Be Considered.--
A promotion board convened under section 14101(a) of this title may not
consider for promotion to the next higher grade--
``(1) an officer whose name is on a promotion list for that
grade as a result of recommendation for promotion to that grade
by an earlier selection board convened under that section or
section 14502 of this title or under chapter 36 of this title;
``(2) an officer who has been approved for Federal
recognition by a board convened under section 307 of title 32
and nominated by the President for promotion to the next higher
grade as a reserve of the Army or of the Air Force as the case
may be; or
``(3) an officer who has been nominated by the President
for promotion to the next higher grade under any other
provision of law.
``(d) Officers Below the Zone.--The Secretary of the military
department concerned may, by regulation, prescribe procedures to limit
the officers to be considered by a selection board from below the
promotion zone to those officers who are determined to be exceptionally
well qualified for promotion. The regulations shall include criteria
for determining which officers below the promotion zone are
exceptionally well qualified for promotion.
``(e) Reserve Officers of the Army; Consideration for Brigadier
General and Major General.--In the case of officers of the Army, if the
Secretary of the Army determines that vacancies are authorized or
anticipated in the reserve grades of major general or brigadier general
for officers who are on the reserve active-status list and who are not
assigned to units organized to serve as a unit and the Secretary
convenes a mandatory promotion board under section 14101(a) of this
title to consider officers for promotion to fill such vacancies, the
Secretary may limit the officers to be considered by that board to
those determined to be exceptionally well qualified for promotion under
such criteria and procedures as the Secretary may by regulation
prescribe.
``(f) Certain Reserve Officers of the Air Force.--A reserve officer
of the Air Force who (1) is in the Air National Guard of the United
States and holds the grade of lieutenant colonel, colonel, or brigadier
general, or (2) is in the Air Force Reserve and holds the grade of
colonel or brigadier general, is not eligible for consideration for
promotion by a mandatory promotion board convened under section
14101(a) of this title.
``(g) Nonconsideration of Officers Scheduled for Removal From
Reserve Active-Status List.--The Secretary of the military department
concerned may, by regulation, provide for the exclusion from
consideration for promotion by a promotion board of any officer
otherwise eligible to be considered by the board who has an established
date for removal from the reserve active-status list that is not more
than 90 days after the date on which the selection board for which the
officer would otherwise be eligible is to be convened.
``Sec. 14302. Promotion zones
``(a) Promotion Zones Generally.--For purposes of this chapter, a
promotion zone is an eligibility category for the consideration of
officers by a mandatory promotion board. A promotion zone consists of
those officers on the reserve active-status list who are in the same
grade and competitive category and who meet the requirements of both
paragraphs (1) and (2) or the requirements of paragraph (3), as
follows:
``(1)(A) In the case of officers in grades below colonel,
for reserve officers of the Army, Air Force, and Marine Corps,
or captain, for officers of the Naval Reserve, those who have
neither (i) failed of selection for promotion to the next
higher grade, nor (ii) been removed from a list of officers
recommended for promotion to that grade.
``(B) In the case of officers in the grade of colonel or
brigadier general, for reserve officers of the Army and Marine
Corps, or in the grade of captain or rear admiral (lower half),
for reserve officers of the Navy, those who have neither (i)
been recommended for promotion to the next higher grade when
considered in the promotion zone, nor (ii) been removed from a
list of officers recommended for promotion to that grade.
``(2) Those officers who are senior to the officer
designated by the Secretary of the military department
concerned to be the junior officer in the promotion zone
eligible for consideration for promotion to the next higher
grade and the officer so designated.
``(3) Those officers who--
``(A) have been selected from below the zone for
promotion to the next higher grade or by a vacancy
promotion board, but whose names were removed from the
list of officers recommended for promotion to that next
higher grade resulting from that selection;
``(B) have not failed of selection for promotion to
that next higher grade; and
``(C) are senior to the officer designated by the
Secretary of the military department concerned to be
the junior officer in the promotion zone eligible for
consideration for promotion to that next higher grade
and the officer so designated.
``(b) Officers Above the Zone.--Officers on the reserve active-
status list are considered to be above the promotion zone for a grade
and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are senior to the senior officer in the promotion
zone for that competitive category.
``(c) Officers Below the Zone.--Officers on the reserve active-
status list are considered to be below the promotion zone for a grade
and competitive category if they--
``(1) are eligible for consideration for promotion to the
next higher grade;
``(2) are in the same grade as those officers in the
promotion zone for that competitive category; and
``(3) are junior to the junior officer in the promotion
zone for that competitive category.
``Sec. 14303. Eligibility for consideration for promotion: minimum
years of service in grade
``(a) Officers in Pay Grades O-1 and O-2.--An officer who is on the
reserve active-status list of the Army, Navy, Air Force, or Marine
Corps and holds a permanent appointment in the grade of second
lieutenant or first lieutenant as a reserve officer of the Army, Air
Force, or Marine Corps, or in the grade of ensign or lieutenant (junior
grade) as a reserve officer of the Navy, may not be promoted to the
next higher grade, or granted Federal recognition in that grade, until
the officer has completed the following years of service in grade:
``(1) Eighteen months, in the case of an officer holding a
permanent appointment in the grade of second lieutenant or
ensign.
``(2) Two years, in the case of an officer holding a
permanent appointment in the grade of first lieutenant or
lieutenant (junior grade).
``(b) Officers in Pay Grades O-3 and Above.--Subject to subsection
(d), an officer who is on the reserve active-status list of the Army,
Air Force, or Marine Corps and holds a permanent appointment in a grade
above first lieutenant, or who is on the reserve active-status list of
the Navy in a grade above lieutenant (junior grade), may not be
considered for selection for promotion to the next higher grade, or
examined for Federal recognition in the next higher grade, until the
officer has completed the following years of service in grade:
``(1) Three years, in the case of an officer of the Army,
Air Force, or Marine Corps holding a permanent appointment in
the grade of captain, major, or lieutenant colonel or in the
case of a reserve officer of the Navy holding a permanent
appointment in the grade of lieutenant, lieutenant commander,
or commander.
``(2) One year, in the case of an officer of the Army, Air
Force, or Marine Corps holding a permanent appointment in the
grade of colonel or brigadier general or in the case of a
reserve officer of the Navy holding a permanent appointment in
the grade of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or assistant
adjutant general of a State or to an appointment in a higher grade
which is based upon a specific provision of law.
``(c) Authority To Lengthen Minimum Period in Grade.--The Secretary
concerned may prescribe a period of service in grade for eligibility
for promotion, in the case of officers to whom subsection (a) applies,
or for eligibility for consideration for promotion, in the case of
officers to whom subsection (b) applies, that is longer than the
applicable period specified in that subsection.
``(d) Waivers To Ensure Two Below-the-Zone Considerations.--Subject
to section 14307(b) of this title, the Secretary of the military
department concerned may waive subsection (b) to the extent necessary
to ensure that officers described in paragraph (1) of that subsection
have at least two opportunities for consideration for promotion to the
next higher grade as officers below the promotion zone.
``Sec. 14304. Eligibility for consideration for promotion: maximum
years of service in grade
``(a) Consideration for Promotion Within Specified Times.--(1)
Officers described in paragraph (3) shall be placed in the promotion
zone for that officer's grade and competitive category, and shall be
considered for promotion to the next higher grade by a promotion board
convened under section 14101(a) of this title, far enough in advance of
completing the years of service in grade specified in the following
table so that, if the officer is recommended for promotion, the
promotion may be effective on or before the date on which the officer
will complete those years of service.
Maximum years of
``Current Grade
service in grade
``First lieutenant or Lieutenant (junior 5 years
grade).
``Captain or Navy Lieutenant................. 7 years
``Major or Lieutenant commander.............. 7 years
``(2) Paragraph (1) is subject to subsections (a), (b), and (c) of
section 14301 of this title and applies without regard to vacancies.
``(3) Paragraph (1) applies to an officer who is on the reserve
active-status list of the Army, Navy, Air Force, or Marine Corps and
who holds a permanent appointment in the grade of first lieutenant,
captain, or major as a reserve of the Army, Air Force, or Marine Corps,
or to an officer on the reserve active-status list of the Navy in the
grade of lieutenant (junior grade), lieutenant, or lieutenant commander
as a reserve of the Navy, and who, while holding that appointment, has
not been considered by a selection board convened under section
14101(a) or 14502 of this title for promotion to the next higher grade.
``(b) Promotion Date.--An officer holding a permanent grade
specified in the table in subsection (a) who is recommended for
promotion to the next higher grade by a selection board the first time
the officer is considered for promotion while in or above the promotion
zone and who is placed on an approved promotion list established under
section 14308(a) of this title shall (if not promoted sooner or removed
from that list by the President or by reason of declination) be
promoted, without regard to the existence of a vacancy, on the date on
which the officer completes the maximum years of service in grade
specified in subsection (a). The preceding sentence is subject to the
limitations of section 12011 of this title.
``(c) Waiver Authority for Navy and Marine Corps Running Mate
System.--If the Secretary of the Navy establishes promotion zones for
officers on the reserve active-status list of the Navy or the Marine
Corps Reserve in accordance with a running mate system under section
14306 of this title, the Secretary may waive the requirements of
subsection (a) to the extent the Secretary considers necessary in any
case in which the years of service for promotion, or for consideration
for promotion, within those zones will exceed the maximum years of
service in grade specified in subsection (a).
``Sec. 14305. Establishment of promotion zones: mandatory consideration
for promotion
``(a) Establishment of Zone.--Before convening a mandatory
promotion board under section 14101(a) of this title, the Secretary of
the military department concerned shall establish a promotion zone for
officers serving in each grade and competitive category to be
considered by the board.
``(b) Number in the Zone.--The Secretary concerned shall determine
the number of officers in the promotion zone for officers serving in
any grade and competitive category from among officers who are eligible
for promotion in that grade and competitive category under the
provisions of sections 14303 and 14304 of this title and who are
otherwise eligible for promotion.
``(c) Factors in Determining Number in the Zone.--The Secretary's
determination under subsection (b) shall be made on the basis of an
estimate of the following:
``(1) The number of officers needed in that competitive
category in the next higher grade in each of the next five
years.
``(2) In the case of a promotion zone for officers to be
promoted to a grade to which the maximum years of in grade
criteria established in section 14304 of this title apply, the
number of officers in that competitive category who are
required to be considered for selection for promotion to the
next higher grade under that section.
``(3) The number of officers that should be placed in the
promotion zone in each of the next five years to provide to
officers in those years relatively similar opportunities for
promotion.
``Sec. 14306. Establishment of promotion zones: Naval Reserve and
Marine Corps Reserve running mate system
``(a) Authority of Secretary of the Navy.--The Secretary of the
Navy may by regulation implement section 14305 of this title by
requiring that the promotion zone for consideration of officers on the
reserve active-status list of the Navy or the Marine Corps for
promotion to the next higher grade be determined in accordance with a
running mate system as provided in subsection (b).
``(b) Assignment of Running Mates.--An officer to whom a running
mate system applies shall be assigned as a running mate an officer of
the same grade on the active-duty list of the same armed force. The
officer on the reserve active-status list is in the promotion zone and
is eligible for consideration for promotion to the next higher grade by
a selection board convened under section 14101(a) of this title when
that officer's running mate is in or above the promotion zone
established for that officer's grade under chapter 36 of this title.
``(c) Consideration of Officers Below the Zone Under a Running Mate
System.--If the Secretary of the Navy authorizes the selection of
officers for promotion from below the promotion zone in accordance with
section 14307 of this title, the number of officers to be considered
from below the zone may be established through the application of the
running mate system or otherwise as the Secretary determines to be
appropriate to meet the needs of the Navy or Marine Corps.
``Sec. 14307. Number of officers to be recommended for promotion
``(a) Determination of Maximum Number.--Before convening a
promotion board under section 14101(a) of this title for a grade and
competitive category (other than a vacancy promotion board), the
Secretary of the military department concerned, under regulations
prescribed by the Secretary of Defense, shall determine the maximum
number of officers in that grade and competitive category that the
board may recommend for promotion. The Secretary shall make the
determination under the preceding sentence of the maximum number that
may be recommended with a view to having on the reserve active-status
list a sufficient number of officers in each grade and competitive
category to meet the needs of the armed force concerned for officers on
that list. In order to make that determination, the Secretary shall
determine (1) the number of positions needed to accomplish mission
objectives which require officers of such competitive category in the
grade to which the board will recommend officers for promotion, (2) the
estimated number of officers needed to fill vacancies in such positions
during the period in which it is anticipated that officers selected for
promotion will be promoted, (3) the number of officers authorized by
the Secretary of the military department concerned to serve on the
reserve active-status list in the grade and competitive category under
consideration, and (4) any statutory limitation on the number of
officers in any grade or category (or combination thereof) authorized
to be on the reserve active-status list.
``(b) Below-the-Zone Selections.--(1) The Secretary of the military
department concerned may, when the needs of the armed force concerned
require, authorize the consideration of officers in the grade of
captain, major, or lieutenant colonel on the reserve active-status list
of the Army or Air Force, in a grade above first lieutenant on the
reserve active-status list of the Marine Corps, or in a grade above
lieutenant (junior grade) on the reserve active-status list of the
Navy, for promotion to the next higher grade from below the promotion
zone.
``(2) When selection from below the promotion zone is authorized,
the Secretary shall establish the number of officers that may be
recommended for promotion from below the promotion zone in each
competitive category to be considered. That number may not exceed the
number equal to 10 percent of the maximum number of officers that the
board is authorized to recommend for promotion in such competitive
category, except that the Secretary of Defense may authorize a greater
number, not to exceed 15 percent of the total number of officers that
the board is authorized to recommend for promotion, if the Secretary of
Defense determines that the needs of the armed force concerned so
require. If the maximum number determined under this paragraph is less
than one, the board may recommend one officer for promotion from below
the promotion zone.
``(3) The number of officers recommended for promotion from below
the promotion zone does not increase the maximum number of officers
that the board is authorized to recommend for promotion under
subsection (a).
``Sec. 14308. Promotions: how made
``(a) Promotion List.--When the report of a selection board
convened under section 14101(a) or 14502 of this title is approved by
the President, the Secretary of the military department concerned shall
place the names of all officers selected for promotion within a
competitive category on a single list for that competitive category, to
be known as a promotion list, in the order of seniority of those
officers on the reserve active-status list.
``(b) Promotion; How Made; Order.--(1) Officers on a promotion list
for a competitive category shall be promoted in the manner specified in
section 12203 of this title.
``(2) Officers on a promotion list for a competitive category shall
be promoted to the next higher grade in accordance with regulations
prescribed by the Secretary of the military department concerned.
Except as provided in section 14311, 14312, or 14502(e) of this title
or in subsection (d) or (e), promotions shall be made in the order in
which the names of officers appear on the promotion list and after
officers previously selected for promotion in that competitive category
have been promoted.
``(3) Officers to be promoted to the grade of first lieutenant or
lieutenant (junior grade) shall be promoted in accordance with
regulations prescribed by the Secretary of the military department
concerned.
``(c) Date of Rank.--(1) The date of rank of an officer appointed
to a higher grade under this section is determined under section
741(d)(2) of this title.
``(2) Except as specifically authorized by law, a reserve officer
is not entitled to additional pay or allowances if the effective date
of the officer's promotion is adjusted to reflect a date earlier than
the actual date of the officer's promotion.
``(d) Officers With Running Mates.--An officer to whom a running
mate system applies under section 14306 of this title and who is
selected for promotion is eligible for promotion to the grade for which
selected when the officer who is that officer's running mate becomes
eligible for promotion under chapter 36 of this title. The effective
date of the promotion of that officer shall be the same as that of the
officer's running mate in the grade to which the running mate is
promoted.
``(e) Army Reserve and Air Force Reserve Promotions To Fill
Vacancies.--Subject to this section and to section 14311(e) of this
title, and under regulations prescribed by the Secretary of the
military department concerned--
``(1) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection for
promotion by a mandatory promotion board convened under section
14101(a) of this title or a board convened under section 14502
or chapter 36 of this title may be promoted at any time to fill
a vacancy in a position to which the officer is assigned; and
``(2) an officer in the Army Reserve or the Air Force
Reserve who is on a promotion list as a result of selection for
promotion by a vacancy promotion board convened under section
14101(a) of this title may be promoted at any time to fill the
vacancy for which the officer was selected.
``(f) Effective Date of Promotion After Federal Recognition.--The
effective date of a promotion of a reserve commissioned officer of the
Army or the Air Force who is extended Federal recognition in the next
higher grade in the Army National Guard or the Air National Guard under
section 307 or 310 of title 32 shall be the date on which such Federal
recognition in that grade is so extended.
``(g) Army and Air Force General Officer Promotions.--A reserve
officer of the Army who is on a promotion list for promotion to the
grade of brigadier general or major general as a result of selection by
a vacancy promotion board may be promoted to that grade only to fill a
vacancy in that grade in a unit of the Army Reserve that is organized
to serve as a unit and that has attained the strength prescribed by the
Secretary of the Army. A reserve officer of the Air Force who is on a
promotion list for promotion to the grade of brigadier general or major
general as a result of selection by a vacancy promotion board may be
promoted to that grade only to fill a vacancy in the Air Force Reserve
in that grade.
``Sec. 14309. Acceptance of promotion; oath of office
``(a) Acceptance.--An officer who is appointed to a higher grade
under this chapter shall be considered to have accepted the appointment
on the date on which the appointment is made unless the officer
expressly declines the appointment or is granted a delay of promotion
under section 14312 of this title.
``(b) Oath.--An officer who has served continuously since taking
the oath of office prescribed in section 3331 of title 5 is not
required to take a new oath upon appointment to a higher grade under
this chapter.
``Sec. 14310. Removal of officers from a list of officers recommended
for promotion
``(a) Removal by President.--The President may remove the name of
any officer from a promotion list at any time before the date on which
the officer is promoted.
``(b) Removal for Withholding of Senate Advice and Consent.--If the
Senate does not give its advice and consent to the appointment to the
next higher grade of an officer whose name is on a list of officers
approved by the President for promotion (except in the case of
promotions to a reserve grade to which appointments may be made by the
President alone), the name of that officer shall be removed from the
list.
``(c) Continued Eligibility for Promotion.--An officer whose name
is removed from a list under subsection (a) or (b) continues to be
eligible for consideration for promotion. If that officer is
recommended for promotion by the next selection board convened for that
officer's grade and competitive category and the officer is promoted,
the Secretary of the military department concerned may, upon the
promotion, grant the officer the same date of rank, the same effective
date for the pay and allowances of the grade to which promoted, and the
same position on the reserve active-status list, as the officer would
have had if the officer's name had not been removed from the list.
``Sec. 14311. Delay of promotion: involuntary
``(a) Delay During Investigations and Proceedings.--(1) Under
regulations prescribed by the Secretary of the military department
concerned, the appointment of an officer to a higher grade may be
delayed if any of the following applies before the date on which the
appointment would otherwise be made:
``(A) Sworn charges against the officer have been received
by an officer exercising general court-martial jurisdiction
over the officer and the charges have not been disposed of.
``(B) An investigation is being conducted to determine
whether disciplinary action of any kind should be brought
against the officer.
``(C) A board of officers has been convened under section
14903 of this title to review the record of the officer.
``(D) A criminal proceeding in a Federal or State court of
competent jurisdiction is pending against the officer.
``(2) If disciplinary action is not taken against the officer, if
the charges against the officer are withdrawn or dismissed, if the
officer is not separated by the Secretary of the military department
concerned as the result of having been required to show cause for
retention, or if the officer is acquitted of the charges, as the case
may be, then (unless action to delay the officer's appointment to the
higher grade has been taken under subsection (b)) the officer shall be
retained on the promotion list, list of officers found qualified for
Federal recognition, or list of officers nominated by the President to
the Senate for appointment in a higher reserve grade and shall, upon
promotion to the next higher grade, have the same date of rank, the
same effective date for the pay and allowances of the grade to which
promoted, and the same position on the reserve active-status list as
the officer would have had if no delay had intervened, unless the
Secretary concerned determines that the officer was unqualified for
promotion for any part of the delay. If the Secretary makes such a
determination, the Secretary may adjust such date of rank, effective
date of pay and allowances, and position on the reserve active-status
list as the Secretary considers appropriate under the circumstances.
``(b) Delay for Lack of Qualifications.--Under regulations
prescribed by the Secretary of the military department concerned, the
appointment of an officer to a higher grade may also be delayed if
there is cause to believe that the officer is mentally, physically,
morally, or professionally unqualified to perform the duties of the
grade to which selected. If the Secretary concerned later determines
that the officer is qualified for promotion to the higher grade, the
officer shall be retained on the promotion list, the list of officers
found qualified for Federal recognition, or list of officers nominated
by the President to the Senate for appointment in a higher reserve
grade, and shall, upon promotion to that grade, have the same date of
rank, the same effective date for pay and allowances of that grade, and
the same position on the reserve active-status list as the officer
would have had if no delay had intervened, unless the Secretary
concerned determines that the officer was unqualified for promotion for
any part of the delay. If the Secretary makes such a determination, the
Secretary may adjust such date of rank, effective date of pay and
allowances, and position on the reserve active-status list as the
Secretary considers appropriate under the circumstances.
``(c) Notice to Officer.--(1) The appointment of an officer to a
higher grade may not be delayed under subsection (a) or (b) unless the
officer is given written notice of the grounds for the delay. The
preceding sentence does not apply if it is impracticable to give the
officer written notice before the date on which the appointment to the
higher grade would otherwise take effect, but in such a case the
written notice shall be given as soon as practicable.
``(2) An officer whose promotion is delayed under subsection (a) or
(b) shall be given an opportunity to make a written statement to the
Secretary of the military department concerned in response to the
action taken. The Secretary shall give consideration to any such
statement.
``(d) Maximum Length of Delay in Promotion.--The appointment of an
officer to a higher grade may not be delayed under subsection (a) or
(b) for more than six months after the date on which the officer would
otherwise have been promoted unless the Secretary concerned specifies a
further period of delay. An officer's appointment may not be delayed
more than 90 days after final action has been taken in any criminal
case against the officer in a Federal or State court of competent
jurisdiction or more than 90 days after final action has been taken in
any court-martial case against the officer. Except for court action, a
promotion may not be delayed more than 18 months after the date on
which the officer would otherwise have been promoted.
``(e) Delay Because of Limitations on Officer Strength in Grade or
Duties to Which Assigned.--(1) Under regulations prescribed by the
Secretary of Defense, the promotion of a reserve officer on the reserve
active-status list who is serving on active duty, or who is on full-
time National Guard duty for administration of the reserves or the
National Guard, to a grade to which the strength limitations of section
12011 of this title apply shall be delayed if necessary to ensure
compliance with those strength limitations. The delay shall expire when
the Secretary determines that the delay is no longer required to ensure
such compliance.
``(2) The promotion of an officer described in paragraph (1) shall
also be delayed while the officer is on duty described in that
paragraph unless the Secretary of the military department concerned,
under regulations prescribed by the Secretary of Defense, determines
that the duty assignment of the officer requires a higher grade than
the grade currently held by the officer.
``(3) The date of rank and position on the reserve active-status
list of a reserve officer whose promotion to or Federal recognition in
the next higher grade was delayed under paragraph (1) or (2) solely as
the result of the limitations imposed under the regulations prescribed
by the Secretary of Defense or contained in section 12011 of this title
shall be the date on which the officer would have been promoted to or
recognized in the higher grade had such limitations not existed.
``(4) If an officer whose promotion is delayed under paragraph (1)
or (2) completes the period of active duty or full-time National Guard
duty that the officer is required by law or regulation to perform as a
member of a reserve component, the officer may request release from
active duty or full-time National Guard duty. If the request is
granted, the officer's promotion shall be effective upon the officer's
release from such duty. The date of rank and position on the reserve
active-status list of the officer shall be the date the officer would
have been promoted to or recognized in the higher grade had the
limitations imposed under regulations prescribed by the Secretary of
Defense contained in section 12011 of this title not existed. If an
officer whose promotion is delayed under paragraph (1) or (2) has not
completed the period of active duty or full-time National Guard duty
that the officer is required by law or regulation to perform as a
member of a reserve component, the officer may be retained on active
duty or on full-time National Guard duty in the grade in which the
officer was serving before the officer's being found qualified for
Federal recognition or the officer's selection for the promotion until
the officer completes that required period of duty.
``Sec. 14312. Delay of promotion: voluntary
``(a) Authority for Voluntary Delays.--(1) The Secretary of the
military department concerned may, by regulation, permit delays of a
promotion of an officer who is recommended for promotion by a mandatory
selection board convened under section 14101(a) or a special selection
board convened under section 14502 of this title at the request of the
officer concerned. Such delays, in the case of any promotion, may
extend for any period not to exceed three years from the date on which
the officer would otherwise be promoted.
``(2) Regulations under this section shall provide that--
``(A) a request for such a delay of promotion must be
submitted by the officer concerned before the delay may be
approved; and
``(B) denial of such a request shall not be considered to
be a failure of selection for promotion unless the officer
declines to accept a promotion under circumstances set forth in
subsection (c).
``(b) Effect of Approval of Request.--If a request for delay of a
promotion under subsection (a) is approved, the officer's name shall
remain on the promotion list during the authorized period of delay
(unless removed under any other provision of law). Upon the end of the
period of the authorized delay, or at any time during such period, the
officer may accept the promotion, which shall be effective on the date
of acceptance. Such an acceptance of a promotion shall be made in
accordance with regulations prescribed under this section.
``(c) Effect of Declining a Promotion.--An officer's name shall be
removed from the promotion list and, if the officer is serving in a
grade below colonel or, in the case of the Navy, captain, the officer
shall be considered to have failed of selection for promotion if any of
the following applies:
``(1) The Secretary concerned has not authorized voluntary
delays of promotion under subsection (a) to the grade concerned
and the officer declines to accept an appointment to a higher
grade.
``(2) The Secretary concerned has authorized voluntary
delays of promotion under subsection (a), but has denied the
request of the officer for a delay of promotion and the officer
then declines to accept an appointment to a higher grade.
``(3) The Secretary concerned has approved the request of
an officer for a delay of promotion and, upon the end of the
period of delay authorized in accordance with regulations
prescribed under subsection (a), the officer then declines to
accept an appointment to a higher grade.
``Sec. 14313. Authority to vacate promotions to grade of brigadier
general or rear admiral (lower half)
``(a) Authority.--The President may vacate the appointment of a
reserve officer to the grade of brigadier general or rear admiral
(lower half) if the period of time during which the officer has served
in that grade after promotion to that grade is less than 18 months.
``(b) Effect of Promotion Being Vacated.--Except as provided in
subsection (c), an officer whose promotion to the grade of brigadier
general is vacated under this section holds the grade of colonel as a
reserve of the armed force of which the officer is a member. An officer
whose promotion to the grade of rear admiral (lower half) is vacated
under this section holds the grade of captain in the Naval Reserve.
Upon assuming the lower grade, the officer shall have the same position
on the reserve active-status list as the officer would have had if the
officer had not served in the higher grade.
``(c) Special Rule for Officers Serving as Adjutant General.--In
the case of an officer serving as an adjutant general or assistant
adjutant general whose promotion to the grade of brigadier general is
vacated under this section, the officer then holds the reserve grade
held by that officer immediately before the officer's appointment as
adjutant general or assistant adjutant general.
``Sec. 14314. Army and Air Force commissioned officers: generals
ceasing to occupy positions commensurate with grade;
State adjutants general
``(a) General Officers.--Within 30 days after a reserve officer of
the Army or the Air Force on the reserve active-status list in a
general officer grade ceases to occupy a position commensurate with
that grade (or commensurate with a higher grade), the Secretary
concerned shall transfer or discharge the officer in accordance with
whichever of the following the officer elects:
``(1) Transfer the officer in grade to the Retired Reserve,
if the officer is qualified and applies for the transfer.
``(2) Transfer the officer in grade to the inactive status
list of the Standby Reserve, if the officer is qualified.
``(3) Discharge the officer from the officer's reserve
appointment and, if the officer is qualified and applies
therefor, appoint the officer in the reserve grade held by the
officer as a reserve officer before the officer's appointment
in a general officer grade.
``(4) Discharge the officer from the officer's reserve
appointment.
``(b) Adjutants General.--If a reserve officer who is federally
recognized in the Army National Guard or the Air National Guard solely
because of the officer's appointment as adjutant general or assistant
adjutant general of a State ceases to occupy that position, the
Secretary concerned, not later than 30 days after the date on which the
officer ceases to occupy that position, shall--
``(1) withdraw that officer's Federal recognition; and
``(2) require that the officer--
``(A) be transferred in grade to the Retired
Reserve, if the officer is qualified and applies for
the transfer;
``(B) be discharged from the officer's reserve
appointment and appointed in the reserve grade held by
the officer as a reserve officer of the Air Force
immediately before the appointment of that officer as
adjutant general or assistant adjutant general, if the
officer is qualified and applies for that appointment;
or
``(C) be discharged from the officer's reserve
appointment.
``(c) Credit for Service in Grade.--An officer who is appointed
under subsection (a)(3) or (b)(2)(B) shall be credited with an amount
of service in the grade in which appointed that is equal to the amount
of prior service in an active status in that grade and in any higher
grade.
``Sec. 14315. Position vacancy promotions: Army and Air Force officers
``(a) Officers Eligible for Consideration For Vacancy Promotions
Below Brigadier General.--
A reserve officer of the Army who is in the Army Reserve, or a Reserve
officer of the Air Force who is in the Air Force Reserve, who is on the
reserve active-status list in the grade of first lieutenant, captain,
major, or lieutenant colonel is eligible for consideration for
promotion to the next higher grade under this section if each of the
following applies:
``(1) The officer is occupying or, as determined by the
Secretary concerned, is available to occupy a position in the
same competitive category as the officer and for which a grade
higher than the one held by that officer is authorized.
``(2) The officer is fully qualified to meet all
requirements for the position as established by the Secretary
of the military department concerned.
``(3) The officer has held the officer's present grade for
the minimum period of service prescribed in section 14303 of
this title for eligibility for consideration for promotion to
the higher grade.
``(b) Consideration for Vacancy Promotion to Brigadier General or
Major General.--(1) A reserve officer of the Army who is in the Army
Reserve and on the reserve active-status list in the grade of colonel
or brigadier general may be considered for promotion to the next higher
grade under this section if the officer (A) is assigned to the duties
of a general officer of the next higher reserve grade in a unit of the
Army Reserve organized to serve as a unit, (B) has held the officer's
present grade for the minimum period of service prescribed in section
14303 of this title for eligibility for consideration for promotion to
the higher grade, and (C) meets the standards for consideration
prescribed by the Secretary of the Army.
``(2) A reserve officer of the Air Force who is in the Air Force
Reserve and on the reserve active-status list in the grade of colonel
or brigadier general may be considered for promotion to the next higher
grade under this section if the officer (A) is assigned to the duties
of a general officer of the next higher reserve grade, and (B) meets
the standards for consideration prescribed by the Secretary of the Air
Force.
``(c) Vacancy Promotion Boards.--Consideration for promotion under
this section shall be by a vacancy promotion board convened under
section 14101(a) of this title.
``(d) Effect of Nonselection.--An officer who is considered for
promotion under this section and is not selected shall not be
considered to have failed of selection for promotion.
``(e) Special Rule for Officers Failed of Selection.--A reserve
officer of the Army or the Air Force who is considered as failed of
selection for promotion under section 14501 of this title to a grade
may be considered for promotion under this section or, if selected,
promoted to that grade only if the Secretary of the military department
concerned finds that the officer is the only qualified officer
available to fill the vacancy. The Secretary concerned may not delegate
the authority under the preceding sentence.
``Sec. 14316. Army National Guard and Air National Guard: appointment
to and Federal recognition in a higher reserve grade
after selection for promotion
``(a) Opportunity for Promotion To Fill a Vacancy in the Guard.--If
an officer of the Army National Guard of the United States or the Air
National Guard of the United States is recommended by a mandatory
selection board convened under section 14101(a) or a special selection
board convened under section 14502 of this title for promotion to the
next higher grade, an opportunity shall be given to the appropriate
authority of the State to promote that officer to fill a vacancy in the
Army National Guard or the Air National Guard of that jurisdiction.
``(b) Automatic Federal Recognition.--An officer of the Army
National Guard of the United States or the Air National Guard of the
United States who is on a promotion list for promotion to the next
higher grade as a result of selection for promotion as described in
subsection (a) and who before the date of promotion is appointed in
that higher grade to fill a vacancy in the Army National Guard or Air
National Guard shall--
``(1) be extended Federal recognition in that grade,
without the examination prescribed in section 307 of title 32;
and
``(2) subject to section 14311(e) of this title, be
promoted to that reserve grade effective on the date of the
officer's appointment in that grade in the Army National Guard
or Air National Guard.
``(c) National Guard Officers Failed of Selection.--An officer who
is considered as failed of selection for promotion under section 14501
of this title to a grade may be extended Federal recognition in that
grade only if the Secretary of the military department concerned finds
that the officer is the only qualified officer available to fill a
vacancy. The Secretary concerned may not delegate the authority under
the preceding sentence.
``(d) Transfer to Army Reserve or Air Force Reserve.--If, on the
date on which an officer of the Army National Guard of the United
States or of the Air National Guard of the United States who is on a
promotion list as described in subsection (a) is to be promoted, the
officer has not been promoted to fill a vacancy in the higher grade in
the Army National Guard or the Air National Guard, the officer's
Federal recognition in the officer's reserve grade shall be withdrawn
and the officer shall be promoted and transferred to the Army Reserve
or the Air Force Reserve as appropriate.
``Sec. 14317. Officers in transition to and from the active-status list
or active-duty list
``(a) Effect of Transfer to Inactive Status or Retired Status.--If
a reserve officer on the reserve active-status list is transferred to
an inactive status or to a retired status after having been recommended
for promotion to a higher grade under this chapter or chapter 36 of
this title, or after having been found qualified for Federal
recognition in the higher grade under title 32, but before being
promoted, the officer--
``(1) shall be treated as if the officer had not been
considered and recommended for promotion by the selection board
or examined and been found qualified for Federal recognition;
and
``(2) may not be placed on a promotion list or promoted to
the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a selection
board convened under chapter 36 of this title or section 14101(a) or
14502 of this title or examined for Federal recognition under title 32.
``(b) Effect of Placement on Active-Duty List.--A reserve officer
who is on a promotion list as a result of selection for promotion by a
mandatory promotion board convened under section 14101(a) or a special
selection board convened under section 14502 of this title and who
before being promoted is placed on the active-duty list of the same
armed force and placed in the same competitive category shall, under
regulations prescribed by the Secretary of Defense, be placed on an
appropriate promotion list for officers on the active-duty list
established under chapter 36 of this title.
``(c) Officers on a Promotion List Removed From Active-Duty List.--
An officer who is on the active-duty list and is on a promotion list as
the result of selection for promotion by a selection board convened
under chapter 36 of this title and who before being promoted is removed
from the active-duty list and placed on the reserve active-status list
of the same armed force and in the same competitive category (including
a regular officer who on removal from the active-duty list is appointed
as a reserve officer and placed on the reserve active-status list)
shall, under regulations prescribed by the Secretary of Defense, be
placed on an appropriate promotion list established under this chapter.
``(d) Officers Selected for Position Vacancies.--If a reserve
officer is ordered to active duty (other than active duty for training)
or full-time National Guard duty (other than full-time National Guard
duty for training only) after being recommended for promotion under
section 14314 of this title to fill a position vacancy or examined for
Federal recognition under title 32, and before being promoted to fill
that vacancy, the officer shall not be promoted while serving such
active duty or full-time National Guard duty unless the officer is
ordered to active duty as a member of the unit in which the vacancy
exists when that unit is ordered to active duty. If, under this
subsection, the name of an officer is removed from a list of officers
recommended for promotion, the officer shall be treated as if the
officer had not been considered for promotion or examined for Federal
recognition.
``(e) Under regulations prescribed by the Secretary of the military
department concerned, a reserve officer who is not on the active-duty
list and who is ordered to active duty in time of war or national
emergency may, if eligible, be considered for promotion by a mandatory
promotion board convened under section 14101(a) or a special selection
board convened under section 14502 of this title for not more than two
years from the date the officer is ordered to active duty unless the
President suspends the operation of this section under the provisions
of section 10213 or 644 of this title.
``CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY
SEPARATION
``Sec.
``14501. Failure of selection for promotion.
``14502. Special selection boards: correction of errors.
``14503. Discharge of officers with less than five years of
commissioned service or found not qualified
for promotion to first lieutenant or
lieutenant (junior grade).
``14504. Effect of failure of selection for promotion: reserve first
lieutenants of the Army, Air Force, and
Marine Corps and reserve lieutenants
(junior grade) of the Navy.
``14505. Effect of failure of selection for promotion: reserve captains
of the Army, Air Force, and Marine Corps
and reserve lieutenants of the Navy.
``14506. Effect of failure of selection for promotion: reserve majors
of the Army, Air Force, and Marine Corps
and lieutenant commanders of the Navy.
``14507. Removal from the active-status list for years of service:
reserve lieutenant colonels and colonels of
the Army, Air Force, and Marine Corps and
reserve commanders and captains of the
Navy.
``14508. Removal from the reserve active-status list for years of
service: reserve general and flag officers.
``14509. Separation at age 60: reserve officers below brigadier general
or rear admiral (lower half).
``14510. Separation at age 60: reserve brigadier generals and rear
admirals (lower half).
``14511. Separation at age 62: major generals and rear admirals.
``14512. Separation at age 64: officers holding certain offices.
``14513. Separation for failure of selection of promotion.
``14514. Discharge or retirement for years of service or after
selection for early removal.
``14515. Discharge or retirement for age.
``14516. Separation to be considered involuntary.
``14517. Entitlement of officers discharged under this chapter to
separation pay.
``Sec. 14501. Failure of selection for promotion
``(a) An officer on the reserve active-status list in a grade below
the grade of colonel or, in the case of an officer in the Naval
Reserve, captain who is in or above the promotion zone established for
that officer's grade and competitive category and who (1) is considered
but not recommended for promotion (other than by a vacancy promotion
board), or (2) declines to accept a promotion for which selected (other
than by a vacancy promotion board), shall be considered to have failed
of selection for promotion.
``(b) Officers Twice Failed of Selection.--An officer shall be
considered for all purposes to have twice failed of selection for
promotion if any of the following applies:
``(1) The officer is considered but not recommended for
promotion a second time by a mandatory promotion board convened
under section 14101(a) or a special selection board convened
under section 14502(a) of this title.
``(2) The officer declines to accept a promotion for which
recommended by a mandatory promotion board convened under
section 14101(a) or a special selection board convened under
section 14502(a) or 14502(b) of this title after previously
failing of selection or after the officer's name was removed
from the report of a selection board under section 14111(b) or
from a promotion list under section 14310 of this title after
recommendation for promotion by an earlier selection board
described in subsection (a).
``(3) The officer's name has been removed from the report
of a selection board under section 14111(b) or from a promotion
list under section 14310 of this title after recommendation by
a mandatory promotion board convened under section 14101(a) or
by a special selection board convened under section 14502(a) or
14502(b) of this title and--
``(A) the officer is not recommended for promotion
by the next mandatory promotion board convened under
section 14101(a) or special selection board convened
under section 14502(a) of this title for that officer's
grade and competitive category; or
``(B) the officer's name is again removed from the
report of a selection board under section 14111(b) or
from a promotion list under section 14310 of this
title.
``Sec. 14502. Special selection boards: correction of errors
``(a) Officers Not Considered Because of Administrative Error.--(1)
In the case of an officer or former officer who the Secretary of the
military department concerned determines was not considered for
selection for promotion from in or above the promotion zone by a
mandatory promotion board convened under section 14101(a) of this title
because of administrative error, the Secretary concerned shall convene
a special selection board under this subsection to determine whether
such officer or former officer should be recommended for promotion. Any
such board shall be convened under regulations prescribed by the
Secretary of Defense and shall be appointed and composed in accordance
with section 14102 of this title and shall include the representation
of competitive categories required by that section. The members of a
board convened under this subsection shall be required to take an oath
in the same manner as prescribed in section 14103 of this title.
``(2) A special selection board convened under this subsection
shall consider the record of the officer or former officer as that
record would have appeared to the promotion board that should have
considered the officer or former officer. That record shall be compared
with a sampling of the records of those officers of the same grade and
competitive category who were recommended for promotion and those
officers of the same grade and competitive category who were not
recommended for promotion by that board.
``(3) If a special selection board convened under paragraph (1)
does not recommend for promotion an officer or former officer in a
grade below the grade of colonel or, in the case of an officer or
former officer of the Navy, captain, whose name was referred to it for
consideration, the officer or former officer shall be considered to
have failed of selection for promotion.
``(b) Officers Considered but Not Selected; Material Error.--(1) In
the case of an officer or former officer who was eligible for promotion
and was considered for selection for promotion from in or above the
promotion zone under this chapter by a selection board but was not
selected, the Secretary of the military department concerned may, under
regulations prescribed by the Secretary of Defense, convene a special
selection board under this subsection to determine whether the officer
or former officer should be recommended for promotion, if the Secretary
determines that--
``(A) the action of the selection board that considered the
officer or former officer was contrary to law or involved
material error of fact or material administrative error; or
``(B) the selection board did not have before it for its
consideration material information.
``(2) A special selection board convened under paragraph (1) shall
be appointed and composed in accordance with section 14102 of this
title (including the representation of competitive categories required
by that section), and the members of such a board shall take an oath in
the same manner as prescribed in section 14103 of this title.
``(3) Such board shall consider the record of the officer or former
officer as that record, if corrected, would have appeared to the
selection board that considered the officer or former officer. That
record shall be compared with a sampling of the records of those
officers of the same grade and competitive category who were
recommended for promotion and those officers of the same grade and
competitive category who were not recommended for promotion by that
board.
``(4) If a special selection board convened under paragraph (1)
does not recommend for promotion an officer or former officer in the
grade of lieutenant colonel or commander or below whose name was
referred to it for consideration, the officer or former officer shall
be considered to have failed of selection for promotion by the board
which did consider the officer but incurs no additional failure of
selection for promotion from the action of the special selection board.
``(c) Report.--Each special selection board convened under this
section shall submit to the Secretary of the military department
concerned a written report, signed by each member of the board,
containing the name of each officer it recommends for promotion and
certifying that the board has considered carefully the record of each
officer whose name was referred to it.
``(d) Applicable Provisions.--The provisions of sections 14104,
14109, 14110, and 14111 of this title apply to the report and
proceedings of a special selection board convened under this section in
the same manner as they apply to the report and proceedings of a
promotion board convened under section 14101(a) of this title.
``(e) Appointment of Officers Recommended for Promotion.--(1) An
officer whose name is placed on a promotion list as a result of
recommendation for promotion by a special selection board convened
under this section, shall, as soon as practicable, be appointed to the
next higher grade in accordance with the law and policies which would
have been applicable had he been recommended for promotion by the board
which should have considered or which did consider him.
``(2) An officer who is promoted to the next higher grade as the
result of the recommendation of a special selection board convened
under this section shall, upon such promotion, have the same date of
rank, the same effective date for the pay and allowances of that grade,
and the same position on the reserve active-status list as the officer
would have had if the officer had been recommended for promotion to
that grade by the selection board which should have considered, or
which did consider, the officer.
``(3) If the report of a special selection board convened under
this section, as approved by the President, recommends for promotion to
the next higher grade an officer not currently eligible for promotion
or a former officer whose name was referred to it for consideration,
the Secretary concerned may act under section 1552 of this title to
correct the military record of the officer or former officer to correct
an error or remove an injustice resulting from not being selected for
promotion by the board which should have considered, or which did
consider, the officer.
``(f) Time Limits for Consideration.--The Secretary of Defense may
prescribe by regulation the circumstances under which consideration by
a special selection board is contingent upon application for
consideration by an officer or former officer and time limits within
which an officer or former officer must make such application in order
to be considered by a special selection board under this section.
``(g) Limitation of Other Jurisdiction.--No official or court of
the United States shall have power or jurisdiction--
``(1) over any claim based in any way on the failure of an
officer or former officer of the armed forces to be selected
for promotion by a selection board convened under chapter 1403
of this title until--
``(A) the claim has been referred to a special
selection board by the Secretary concerned and acted
upon by that board; or
``(B) the claim has been rejected by the Secretary
without consideration by a special selection board; or
``(2) to grant any relief on such a claim unless the
officer or former officer has been selected for promotion by a
special selection board convened under this section to consider
the officer's claim.
``(h) Judicial Review.--(1) A court of the United States may review
a determination by the Secretary concerned under subsection (a)(1),
(b)(1), or (e)(3) not to convene a special selection board. If a court
finds the determination to be arbitrary or capricious, not based on
substantial evidence, or otherwise contrary to law, it shall remand the
case to the Secretary concerned, who shall provide for consideration of
the officer or former officer by a special selection board under this
section.
``(2) If a court finds that the action of a special selection board
which considers an officer or former officer was contrary to law or
involved material error of fact or material administrative error, it
shall remand the case to the Secretary concerned, who shall provide the
officer or former officer reconsideration by a new special selection
board.
``(i) Designation of Boards.--The Secretary of the military
department concerned may designate a promotion board convened under
section 14101(a) of this title as a special selection board convened
under this section. A board so designated may function in both
capacities.
``Sec. 14503. Discharge of officers with less than five years of
commissioned service or found not qualified for promotion
to first lieutenant or lieutenant (junior grade)
``(a) Authorized Discharges.--The Secretary of the military
department concerned may discharge any reserve officer who--
``(1) has less than five years of service in an active
status as a commissioned officer; or
``(2) is serving in the grade of second lieutenant or
ensign and has been found not qualified for promotion to the
grade of first lieutenant or lieutenant (junior grade).
``(b) Time for Discharge.--(1) An officer described in subsection
(a)(2)--
``(A) may be discharged at any time after being found not
qualified for promotion; and
``(B) if not sooner discharged, shall be discharged at the
end of the 18-month period beginning on the date on which the
officer is first found not qualified for promotion.
``(2) Paragraph (1) shall not apply if the officer is sooner
promoted.
``(c) Regulations.--Discharges under this section shall be made
under regulations prescribed by the Secretary of Defense and may be
made without regard to section 12645 of this title.
``Sec. 14504. Effect of failure of selection for promotion: reserve
first lieutenants of the Army, Air Force, and Marine
Corps and reserve lieutenants (junior grade) of the Navy
``(a) General Rule.--A first lieutenant on the reserve active-
status list of the Army, Air Force, or Marine Corps or a lieutenant
(junior grade) on the reserve active-status list of the Navy who has
failed of selection for promotion to the next higher grade for the
second time and whose name is not on a list of officers recommended for
promotion to the next higher grade shall be separated in accordance
with section 14513 of this title not later than the first day of the
seventh month after the month in which the President approves the
report of the board which considered the officer for the second time.
``(b) Exceptions.--Subsection (a) does not apply (1) in the case of
an officer retained as provided by regulation of the Secretary of the
military department concerned in order to meet planned mobilization
needs for a period not in excess of 24 months beginning with the date
on which the President approves the report of the selection board which
resulted in the second failure, or (2) as provided in section 12646 or
12686 of this title.
``Sec. 14505. Effect of failure of selection for promotion: reserve
captains of the Army, Air Force, and Marine Corps and
reserve lieutenants of the Navy
``Unless retained as provided in section 12646 or 12686 of this
title, a captain on the reserve active-status list of the Army, Air
Force, or Marine Corps or a lieutenant on the reserve active-status
list of the Navy who has failed of selection for promotion to the next
higher grade for the second time and whose name is not on a list of
officers recommended for promotion to the next higher grade and who has
not been selected for continuation on the reserve active-status list
under section 14701 of this title, shall be separated in accordance
with section 14513 of this title not later than the first day of the
seventh month after the month in which the President approves the
report of the board which considered the officer for the second time.
``Sec. 14506. Effect of failure of selection for promotion: reserve
majors of the Army, Air Force and Marine Corps and
reserve lieutenant commanders of the Navy
``Unless retained as provided in section 12646, 12686, 14701, or
14702 of this title, each reserve officer of the Army, Navy, Air Force,
or Marine Corps who holds the grade of major or lieutenant commander
who has failed of selection to the next higher grade for the second
time and whose name is not on a list of officers recommended for
promotion to the next higher grade shall, if not earlier removed from
the reserve active-status list, be removed from that list in accordance
with section 14513 of this title on the first day of the month after
the month in which the officer completes 20 years of commissioned
service.
``Sec. 14507. Removal from the reserve active-status list for years of
service: reserve lieutenant colonels and colonels of the
Army, Air Force, and Marine Corps and reserve commanders
and captains of the Navy
``(a) Lieutenant Colonels and Commanders.--Unless continued on the
reserve active-status list under section 14701 or 14702 of this title
or retained as provided in section 12646 or 12686 of this title, each
reserve officer of the Army, Navy, Air Force, or Marine Corps who holds
the grade of lieutenant colonel or commander and who is not on a list
of officers recommended for promotion to the next higher grade shall
(if not earlier removed from the reserve active-status list) be removed
from that list under section 14514 of this title on the first day of
the month after the month in which the officer completes 28 years of
commissioned service.
``(b) Colonels and Navy Captains.--Unless continued on the reserve
active-status list under section 14701 or 14702 of this title or
retained as provided in section 12646 or 12686 of this title, each
reserve officer of the Army, Air Force, or Marine Corps who holds the
grade of colonel, and each reserve officer of the Navy who holds the
grade of captain, and who is not on a list of officers recommended for
promotion to the next higher grade shall (if not earlier removed from
the reserve active-status list) be removed from that list under section
14514 of this title on the first day of the month after the month in
which the officer completes 30 years of commissioned service. This
subsection does not apply to the adjutant general or assistant
adjutants general of a State.
``Sec. 14508. Removal from the reserve active-status list for years of
service: reserve general and flag officers
``(a) Thirty Years Service or Five Years in Grade.--Unless retired,
transferred to the Retired Reserve, or discharged at an earlier date,
each reserve officer of the Army, Air Force, or Marine Corps in the
grade of brigadier general who has not been recommended for promotion
to the grade of major general, and each reserve officer of the Navy in
the grade of rear admiral (lower half) who has not been recommended for
promotion to rear admiral shall, 30 days after completion of 30 years
of commissioned service or on the fifth anniversary of the date of the
officer's appointment in the grade of brigadier general or rear admiral
(lower half), whichever is later, be separated in accordance with
section 14514 of this title.
``(b) Thirty-Five Years Service or Five Years in Grade.--Unless
retired, transferred to the Retired Reserve, or discharged at an
earlier date, each reserve officer of the Army, Air Force, or Marine
Corps in the grade of major general, and each reserve officer of the
Navy in the grade of rear admiral, shall, 30 days after completion of
35 years of commissioned service or on the fifth anniversary of the
date of the officer's appointment in the grade of major general or rear
admiral, whichever is later, be separated in accordance with section
14514 of this title.
``(c) Retention of Brigadier Generals.--A reserve officer of the
Army or Air Force in the grade of brigadier general who would otherwise
be removed from an active status under this subsection (a) may, in the
discretion of the Secretary of the Army or the Secretary of the Air
Force, as the case may be, be retained in an active status, but not
later than the date on which the officer becomes 60 years of age. Not
more than 10 officers of the Army and not more than 10 officers of the
Air Force may be retained under this subsection at any one time.
``(d) Retention of Major Generals.--A reserve officer of the Army
or Air Force in the grade of major general who would otherwise be
removed from an active status under this subsection (b) may, in the
discretion of the Secretary of the Army or the Secretary of the Air
Force, as the case may be, be retained in an active status, but not
later than the date on which the officer becomes 62 years of age. Not
more than 10 officers of the Army and not more than 10 officers of the
Air Force may be retained under this subsection at any one time.
``(e) Exception for State Adjutants General and Assistant Adjutants
General.--This section does not apply to an officer who is the adjutant
general or assistant adjutant general of a State.
``Sec. 14509. Separation at age 60: reserve officers in grades below
brigadier general or rear admiral (lower half)
``Each reserve officer of the Army, Navy, Air Force, or Marine
Corps in a grade below brigadier general or rear admiral (lower half)
who has not been recommended for promotion to the grade of brigadier
general or rear admiral (lower half) and is not a member of the Retired
Reserve shall, on the last day of the month in which that officer
becomes 60 years of age, be separated in accordance with section 14515
of this title.
``Sec. 14510. Separation at age 60: reserve brigadier generals and rear
admirals (lower half)
``Unless retired, transferred to the Retired Reserve, or discharged
at an earlier date, each reserve officer of the Army, Air Force, or
Marine Corps in the grade of brigadier general who has not been
recommended for promotion to the grade of major general, and each
reserve rear admiral (lower half) of the Navy who has not been
recommended for promotion to the grade of rear admiral, except an
officer covered by section 14512 of this title, shall be separated in
accordance with section 14515 of this title on the last day of the
month in which the officer becomes 60 years of age.
``Sec. 14511. Separation at age 62: major generals and rear admirals
``Unless retired, transferred to the Retired Reserve, or discharged
at an earlier date, each reserve officer of the Army, Air Force, or
Marine Corps in the grade of major general and each reserve officer of
the Navy in the grade of rear admiral, except an officer covered by
section 14512 of this title, shall be separated in accordance with
section 14515 of this title on the last day of the month in which the
officer becomes 62 years of age.
``Sec. 14512. Separation at age 64: officers holding certain offices
``(a) Army and Air Force.--Unless retired, transferred to the
Retired Reserve, or discharged at an earlier date, a reserve officer of
the Army or Air Force who is Chief of the National Guard Bureau, an
adjutant general, or if a reserve officer of the Army, commanding
general of the troops of a State, shall on the last day of the month in
which the officer becomes 64 years of age, be separated in accordance
with section 14515 of this title.
``(b) Navy and Marine Corps.--The Secretary of the Navy may defer
the retirement under section 14510 or 14511 of a reserve officer of the
Navy in a grade above captain or a reserve officer of the Marine Corps
in a grade above colonel and retain the officer in an active status
until the officer becomes 64 years of age. Not more than 10 officers
may be so deferred at any one time, distributed between the Naval
Reserve and the Marine Corps Reserve as the Secretary determines.
``Sec. 14513. Separation for failure of selection of promotion
``Each reserve officer of the Army, Navy, Air Force, or Marine
Corps who is in an active status and whose removal from an active
status or from a reserve active-status list is required by section
14504, 14505, or 14506 of this title shall (unless the officer's
separation is deferred or the officer is continued in an active status
under another provision of law) not later than the date specified in
those sections--
``(1) be transferred to an inactive status if the Secretary
concerned determines that the officer has skills which may be
required to meet the mobilization needs of the officer's armed
force;
``(2) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(3) if the officer is not transferred to an inactive
status or to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14514. Discharge or retirement for years of service or after
selection for early removal
``Each reserve officer of the Army, Navy, Air Force, or Marine
Corps who is in an active status and who is required to be removed from
an active status or from a reserve active-status list, as the case may
be, under section 14507, 14508, 14704, or 14705 of this title (unless
the officer is sooner separated or the officer's separation is deferred
or the officer is continued in an active status under another provision
of law), in accordance with those sections, shall--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
such transfer, be discharged from the officer's reserve
appointment.
``Sec. 14515. Discharge or retirement for age
``Each reserve officer of the Army, Navy, Air Force, or Marine
Corps who is in an active status or on an inactive status list and who
reaches the maximum age specified in section 14509, 14510, 14511, or
14512 of this title for the officer's grade or position shall (unless
the officer is sooner separated or the officer's separation is deferred
or the officer is continued in an active status under another provision
of law) not later than the last day of the month in which the officer
reaches that maximum age--
``(1) be transferred to the Retired Reserve, if the officer
is qualified and applies for such transfer; or
``(2) if the officer is not qualified or does not apply for
transfer to the Retired Reserve, be discharged from the
officer's reserve appointment.
``Sec. 14516. Separation to be considered involuntary
``The separation of an officer pursuant to section 14513, 14514, or
14515 of this title shall be considered to be an involuntary separation
for purposes of any other provision of law.
``Sec. 14517. Entitlement of officers discharged under this chapter to
separation pay
``An officer who is discharged under section 14513, 14514, or 14515
of this title is entitled to separation pay under section 1174 of this
title if otherwise eligible under that section.
``CHAPTER 1409--CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS
LIST AND SELECTIVE EARLY REMOVAL
``Sec.
``14701. Selection of officers for continuation on the reserve active-
status list.
``14702. Retention on reserve active-status list of certain officers
until age 60.
``14703. Authority to retain chaplains and officers in medical
specialties until specified age.
``14704. Selective early removal from the reserve active-status list.
``14705. Selective early retirement: reserve general and flag officers
of the Navy and Marine Corps.
``14706. Computation of total years of service.
``Sec. 14701. Selection of officers for continuation on the reserve
active-status list
``(a) Consideration for Continuation.--(1) Upon application, a
reserve officer of the Army, Navy, Air Force, or Marine Corps who is
required to be removed from the reserve active-status list under
section 14505, 14506, or 14507 of this title may, subject to the needs
of the service and to section 14509 of this title, be considered for
continuation on the reserve active-status list by a selection board
convened under section 14101(b) of this title.
``(2) A reserve officer who holds the grade of captain in the Army,
Air Force, or Marine Corps or the grade of lieutenant in the Navy and
who is subject to separation under section 14513 of this title may not
be continued on the reserve active-status list under this subsection
for a period which extends beyond the last day of the month in which
the officer completes 20 years of commissioned service.
``(3) A reserve officer who holds the grade of major or lieutenant
commander and who is subject to separation under section 14513 of this
title may not be continued on the reserve active-status list under this
subsection for a period which extends beyond the last day of the month
in which the officer completes 24 years of commissioned service.
``(4) A reserve officer who holds the grade of lieutenant colonel
or commander and who is subject to separation under section 14514 of
this title may not be continued on the reserve active-status list under
this subsection for a period which extends beyond the last day of the
month in which the officer completes 33 years of commissioned service.
``(5) A reserve officer who holds the grade of colonel in the Army,
Air Force, or Marine Corps or the grade of captain in the Navy and who
is subject to separation under section 14514 of this title may not be
continued on the reserve active-status list under this subsection for a
period which extends beyond the last day of the month in which the
officer completes 35 years of commissioned service.
``(6) An officer who is selected for continuation on the reserve
active-status list as a result of the convening of a selection board
under section 14101(b) of this title but who declines to continue on
that list shall be separated in accordance with section 14513 or 14514
of this title, as the case may be.
``(7) Each officer who is continued on the reserve active-status
list under this section, who is not subsequently promoted or continued
on the active-status list, and whose name is not on a list of officers
recommended for promotion to the next higher grade shall (unless sooner
separated under another provision of law) be separated in accordance
with section 14513 or 14514 of this title, as appropriate, upon the
expiration of the period for which the officer was continued on the
reserve active-status list.
``(b) Approval of Secretary Concerned.--Continuation of an officer
on the reserve active-status list under this section pursuant to action
of a continuation board convened under section 14101(b) of this title
is subject to the approval of the Secretary of the military department
concerned.
``(c) Instructions To Continuation Boards.--A continuation board
convened under section 14101(b) of this title to consider officers for
continuation on the reserve active-status list under this section shall
act in accordance with the instructions and directions provided to the
board by the Secretary of the military department concerned.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section.
``Sec. 14702. Retention on reserve active-status list of certain
officers until age 60
``(a) Retention.--Notwithstanding the provisions of section 14506
or 14507 of this title, the Secretary of the military department
concerned may, with the officer's consent, retain on the reserve
active-status list an officer in the grade of major, lieutenant
colonel, or colonel who is--
``(1) an officer of the Army National Guard of the United
States and assigned to a headquarters or headquarters
detachment of a State; or
``(2) a reserve officer of the Army or Air Force who, as a
condition of continued employment as a National Guard or
Reserve technician is required by the Secretary concerned to
maintain membership in a Selected Reserve unit or organization.
``(b) Separation at Age 60.--An officer may be retained under this
section only so long as the officer continues to meet the conditions of
subsection (a)(1) or (a)(2). An officer may not be retained under this
section after the last day of the month in which the officer becomes 60
years of age.
``Sec. 14703. Authority to retain chaplains and officers in medical
specialties until specified age
``(a) Retention.--Notwithstanding any provision of chapter 1407 of
this title and except for officers referred to in sections 14503,
14504, 14505, and 14506 of this title and under regulations prescribed
by the Secretary of Defense--
``(1) the Secretary of the Army may, with the officer's
consent, retain in an active status any reserve officer
assigned to the Medical Corps, the Dental Corps, the Veterinary
Corps, the Medical Services Corps (if the officer has been
designated as allied health officer or biomedical sciences
officer in that Corps), the Optometry Section of the Medical
Services Corps, the Chaplains, the Army Nurse Corps, or the
Army Medical Specialists Corps;
``(2) the Secretary of the Navy may, with the officer's
consent, retain in an active status any reserve officer
appointed in the Medical Corps, Dental Corps, Nurse Corps, or
Chaplain Corps or appointed in the Medical Services Corps and
designated to perform as a veterinarian, optometrist,
podiatrist, allied health officer, or biomedical sciences
officer; and
``(3) the Secretary of the Air Force may, with the
officer's consent, retain in an active status any reserve
officer who is designated as a medical officer, dental officer,
veterinary officer, Air Force nurse, or chaplain or who is
designated as a biomedical sciences officer and is qualified
for service as a veterinarian, optometrist, or podiatrist.
``(b) Separation at Specified Age.--An officer may not be retained
in active status under this section later than the date on which the
officer becomes 67 years of age (or, in the case of a reserve officer
of the Army in the Chaplains or a reserve officer of the Air Force
designated as a chaplain, 60 years of age).
``Sec. 14704. Selective early removal from the reserve active-status
list
``(a) Boards To Recommend Officers for Removal From Reserve Active-
Status List.--Whenever the Secretary of the military department
concerned determines that there are in any reserve component under the
jurisdiction of the Secretary too many officers in any grade and
competitive category who have at least 30 years of service computed
under section 14706 of this title or at least 20 years of service
computed under section 12732 of this title, the Secretary may convene a
selection board under section 14101(b) of this title to consider all
officers on that list who are in that grade and competitive category,
and who have that amount of service, for the purpose of recommending
officers by name for removal from the reserve active-status list, in
the number specified by the Secretary by each grade and competitive
category.
``(b) Separation of Officers Selected.--In the case of an officer
recommended for separation in the report of a board under subsection
(a), the Secretary may separate the officer in accordance with section
14514 of this title.
``(c) Regulations.--The Secretary of the military department
concerned shall prescribe regulations for the administration of this
section.
``Sec. 14705. Selective early retirement: reserve general and flag
officers of the Navy and Marine Corps
``(a) Authority to Consider.--An officer in the Naval Reserve in an
active status serving in the grade of rear admiral (lower half) or rear
admiral and an officer in the Marine Corps Reserve in an active status
serving in the grade of brigadier general or major general may be
considered for early retirement whenever the Secretary of the Navy
determines that such action is necessary.
``(b) Boards.--If the Secretary of the Navy determines that
consideration for early retirement under this section is necessary, the
Secretary shall convene a board under section 14101(b) of this title to
recommend an appropriate number of officers for early retirement.
``(c) Separation Under Section 14514.--An officer selected for
early retirement under this section shall be separated in accordance
with section 14514 of this title.
``Sec. 14706. Computation of total years of service
``For the purpose of this chapter and chapter 1407 of this title, a
reserve officer's years of service include all service, other than
constructive service, of the officer as a commissioned officer of any
uniformed service (other than service as a warrant officer).
``CHAPTER 1411--ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY
SEPARATION
``Sec.
``14901. Separation of chaplains for loss of professional
qualifications.
``14902. Separation for substandard performance and for certain other
reasons.
``14903. Boards of inquiry.
``14904. Rights and procedures.
``14905. Officer considered for removal: retirement or discharge.
``14906. Officers eligible to serve on boards.
``14907. Army National Guard of the United States and Air National
Guard of the United States: discharge and
withdrawal of Federal recognition of
officers absent without leave.
``Sec. 14901. Separation of chaplains for loss of professional
qualifications
``(a) Separation.--Under regulations prescribed by the Secretary of
Defense, an officer on the reserve active-status list who is appointed
or designated as a chaplain may, if the officer fails to maintain the
qualifications needed to perform the professional function of a
chaplain, be discharged. The authority under the preceding sentence
applies without regard to the provisions of section 12645 of this
title.
``(b) Effect of Separation.--If an officer separated under this
section is eligible for retirement, the officer may be retired. If the
officer has completed the years of service required for eligibility for
retired pay under chapter 1223 of this title, the officer may be
transferred to the Retired Reserve.
``Sec. 14902. Separation for substandard performance and for certain
other reasons
``(a) Substandard Performance of Duty.--The Secretary of the
military department concerned shall prescribe, by regulation,
procedures for the review at any time of the record of any reserve
officer to determine whether that officer should be required, because
that officer's performance has fallen below standards prescribed by the
Secretary concerned, to show cause for retention in an active status.
``(b) Misconduct, Etc.--The Secretary of the military department
concerned shall prescribe, by regulation, procedures for the review at
any time of the record of any reserve officer to determine whether that
officer should be required, because of misconduct, because of moral or
professional dereliction, or because the officer's retention is not
clearly consistent with the interests of national security, to show
cause for retention in an active status.
``(c) Regulations.--The authority of the Secretary of a military
department under this section shall be carried out subject to such
limitations as the Secretary of Defense may prescribe by regulation.
``Sec. 14903. Boards of inquiry
``(a) Convening of Boards.--The Secretary of the military
department concerned shall convene a board of inquiry at such time and
place as the Secretary may prescribe to receive evidence and review the
case of any officer who has been required to show cause for retention
in an active status under section 14902 of this title. Each board of
inquiry shall be composed of not less than three officers who have the
qualifications prescribed in section 14906 of this title.
``(b) Right to Fair Hearing.--A board of inquiry shall give a fair
and impartial hearing to each officer required under section 14902 of
this chapter to show cause for retention in an active status.
``(c) Recommendations to Secretary.--If a board of inquiry
determines that the officer has failed to establish that the officer
should be retained in an active status, the board shall recommend to
the Secretary concerned that the officer not be retained in an active
status.
``(d) Action by Secretary.--After review of the recommendation of
the board of inquiry, the Secretary may--
``(1) remove the officer from an active status; or
``(2) determine that the case be closed.
``(e) Action in Cases Where Cause for Retention Is Established.--
(1) If a board of inquiry determines that an officer has established
that the officer should be retained in an active status or if the
Secretary determines that the case be closed, the officer's case is
closed.
``(2) An officer who is required to show cause for retention under
section 14902(a) of this title and whose case is closed under paragraph
(1) may not again be required to show cause for retention under such
subsection during the one-year period beginning on the date of that
determination.
``(3)(A) Subject to subparagraph (B), an officer who is required to
show cause for retention under section 14902(b) of this title and whose
case is closed under paragraph (1) may again be required to show cause
for retention at any time.
``(B) An officer who has been required to show cause for retention
under section 14902(b) of this title and who is thereafter retained in
an active status may not again be required to show cause for retention
under such section solely because of conduct which was the subject of
the previous proceeding, unless the recommendations of the board of
inquiry that considered the officer's case are determined to have been
obtained by fraud or collusion.
``Sec. 14904. Rights and procedures
``(a) Procedural Rights.--Under regulations prescribed by the
Secretary of Defense, an officer required under section 14902 of this
title to show cause for retention in an active status--
``(1) shall be notified in writing, at least 30 days before
the hearing of the officer's case by a board of inquiry, of the
reasons for which the officer is being required to show cause
for retention in an active status;
``(2) shall be allowed a reasonable time, as determined by
the board of inquiry, to prepare for showing of cause for
retention in an active status;
``(3) shall be allowed to appear in person and to be
represented by counsel at proceedings before the board of
inquiry; and
``(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the case, except that
the board of inquiry shall withhold any record that the
Secretary concerned determines should be withheld in the
interest of national security.
``(b) Summary of Records Withheld.--When a record is withheld under
subsection (a)(4), the officer whose case is under consideration shall,
to the extent that the interest of national security permits, be
furnished a summary of the record so withheld.
``Sec. 14905. Officer considered for removal: retirement or discharge
``(a) Voluntary Retirement or Discharge.--At any time during
proceedings under this chapter with respect to the removal of an
officer from an active status, the Secretary of the military department
concerned may grant a request by the officer--
``(1) for voluntary retirement, if the officer is qualified
for retirement;
``(2) for transfer to the Retired Reserve if the officer
has completed the years of service required for eligibility for
retired pay under chapter 1223 of this title and is otherwise
eligible for transfer to the Retired Reserve; or
``(3) for discharge in accordance with subsection (b)(3).
``(b) Required Retirement or Discharge.--An officer removed from an
active status under section 14903 of this title shall--
``(1) if eligible for voluntary retirement under any
provision of law on the date of such removal, be retired in the
grade and with the retired pay for which he would be eligible
if retired under that provision;
``(2) if eligible for transfer to the Retired Reserve and
has completed the years of service required for retired pay
under chapter 1223 of this title, be transferred to the Retired
Reserve; and
``(3) if ineligible for retirement or transfer to the
Retired Reserve under paragraph (1) or (2) on the date of such
removal--
``(A) be honorably discharged in the grade then
held, in the case of an officer whose case was brought
under subsection (a) of section 14902 of this title; or
``(B) be discharged in the grade then held, in the
case of an officer whose case was brought under
subsection (b) of section 14902 of this title.
``(c) Separation Pay.--An officer who is discharged under
subsection (b)(3) is entitled, if eligible therefor, to separation pay
under section 1174(c) of this title.
``Sec. 14906. Officers eligible to serve on boards
``(a) Composition of Boards.--(1) Each officer who serves on a
board convened under this chapter shall be an officer of the same armed
force as the officer being required to show cause for retention in an
active status.
``(2) An officer may not serve on a board under this chapter unless
the officer holds a grade above lieutenant colonel or commander and is
senior in grade and rank to any officer considered by the board.
``(b) Limitation.--A person may not be a member of more than one
board convened under this chapter to consider the same officer.
``Sec. 14907. Army National Guard of the United States and Air National
Guard of the United States: discharge and withdrawal of
Federal recognition of officers absent without leave
``(a) Authority To Withdraw Federal Recognition.--If an officer of
the Army National Guard of the United States or the Air National Guard
of the United States has been absent without leave for three months,
the Secretary of the Army or the Secretary of the Air Force, as
appropriate, may--
``(1) terminate the reserve appointment of the officer; and
``(2) withdraw the officer's Federal recognition as an
officer of the National Guard.
``(b) Discharge from Reserve Appointment.--An officer of the Army
National Guard of the United States or the Air National Guard of the
United States whose Federal recognition as an officer of the National
Guard is withdrawn under section 323(b) of title 32 shall be discharged
from the officer's appointment as a reserve officer of the Army or the
Air Force, as the case may be.''.
PART II--CONFORMING AMENDMENTS
SEC. 1321. DEFINITION OF RESERVE ACTIVE-STATUS LIST.
Section 101(c) is amended by adding at the end the following new
paragraph:
``(7) The term `reserve active-status list' means a single
list for the Army, Navy, Air Force, or Marine Corps (required
to be maintained under section 14002 of this title) that
contains the names of all officers of that armed force except
warrant officers (including commissioned warrant officers) who
are in an active status in a reserve component of the Army,
Navy, Air Force, or Marine Corps and are not on an active-duty
list.''.
SEC. 1322. AUTHORITY TO SUSPEND OFFICER PERSONNEL LAWS DURING WAR OR
NATIONAL EMERGENCY.
(a) Authority.--Section 123 is amended to read as follows:
``Sec. 123. Authority to suspend officer personnel laws during war or
national emergency
``(a) In time of war, or of national emergency declared by Congress
or the President after November 30, 1980, the President may suspend the
operation of any provision of law relating to the promotion,
involuntary retirement, or separation of commissioned officers of the
Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as
such war or national emergency continues, any such suspension may be
extended by the President.
``(b) Any such suspension shall, if not sooner ended, end on the
last day of the two-year period beginning on the date on which the
suspension (or the last extension thereof) takes effect or on the last
day of the one-year period beginning on the date of the termination of
the war or national emergency, whichever occurs first. With respect to
the end of any such suspension, the preceding sentence supersedes the
provisions of title II of the National Emergencies Act (50 U.S.C. 1621-
1622) which provide that powers or authorities exercised by reason of a
national emergency shall cease to be exercised after the date of the
termination of the emergency.
``(c) If a provision of law pertaining to the promotion of reserve
officers is suspended under this section and if the Secretary of
Defense submits to Congress proposed legislation to adjust the grades
and dates of rank of reserve commissioned officers other than
commissioned warrant officers, such proposed legislation shall, so far
as practicable, be the same as that recommended for adjusting the
grades and dates of rank of officers of the regular component of the
armed force concerned.''.
(b) Conforming Repeal.--Section 644 is repealed.
SEC. 1323. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE AUTHORITY TO
RECOMMEND THAT RESERVE OFFICERS CONSIDERED FOR PROMOTION
BE REQUIRED TO SHOW CAUSE FOR RETENTION ON ACTIVE DUTY.
Section 617(b) is amended--
(1) by inserting ``or reserve'' after ``any regular''; and
(2) by inserting ``or 1411'' after ``chapter 60''.
SEC. 1324. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS DURING WAR
OR NATIONAL EMERGENCY.
Section 641 is amended--
(1) by inserting ``(a)'' before ``Officers in the
following''; and
(2) by adding at the end the following:
``(b) Under regulations prescribed by the Secretary of the military
department concerned, a reserve officer who is ordered to active duty
(whether voluntarily or involuntarily) during a war or national
emergency and who would otherwise be placed on the active-duty list may
be excluded from that list as determined by the Secretary concerned.
Exclusion of an officer from the active-duty list as the result of
action by the Secretary concerned under the preceding sentence shall
expire not later than 24 months after the date on which the officer
enters active duty under an order to active duty covered by that
sentence.''.
SEC. 1325. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO ACTIVE DUTY.
Section 689 is amended--
(1) by inserting ``or full-time National Guard duty'' after
``active duty'' the first two places it appears; and
(2) by inserting ``and placed on the active-duty list''
after ``active duty'' the third place it appears.
SEC. 1326. DATE OF RANK.
Section 741(d)(3) is amended--
(1) by inserting ``or who is transferred from an inactive
status to an active status and placed on the active-duty list
or the reserve active-status list'' after ``warrant officer (W-
5)'';
(2) by inserting ``or reserve active-status list'' after
``active-duty list'' the second place it appears; and
(3) by adding at the end: ``The authority to change the
date of rank of a reserve officer who is placed on the active-
duty list to a later date does not apply in the case of an
officer who (A) has served continuously in the Selected Reserve
of the Ready Reserve since the officer's last promotion, or (B)
is placed on the active-duty list while on a promotion list as
described in section 14317(b) of this title.''.
SEC. 1327. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE IN CASE OF
OFFICERS HAVING TWICE FAILED OF SELECTION FOR CAPTAIN OR
NAVY LIEUTENANT.
Section 1005(b) is amended--
(1) by striking out ``or'' at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(3) an officer on the active-duty list or reserve active-
status list who has failed of selection for promotion for the
second time to the grade of captain, in the case of an officer
of the Army, Air Force, or Marine Corps, or to the grade of
lieutenant, in the case of an officer of the Navy; or
``(4) an officer whose discharge or transfer from an active
status is required by law.''.
SEC. 1328. CONFORMING AMENDMENTS RELATING TO NAVY AND MARINE CORPS
OFFICERS.
Section 6389 is amended--
(1) in subsection (a)--
(A) by inserting ``while on the active-duty list''
after ``to the next higher grade''; and
(B) by striking out the period at the end and
inserting in lieu thereof ``or released from active
duty and placed on the reserve active-status list.'';
(2) in subsection (b), by striking out ``or (f)'';
(3) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking out ``lieutenant commander or
above'' both places it appears and inserting in lieu
thereof ``lieutenant commander or commander'';
(C) by striking out ``major or above'' both places
it appears and inserting in lieu thereof ``major or
lieutenant colonel'';
(D) by inserting ``while on the active-duty list''
after ``to the next higher grade'' in the first
sentence; and
(E) in the table--
(i) by striking out the line relating to
the grades of captain in the Navy and colonel
in the Marine Corps; and
(ii) by striking out ``26 years'' and
inserting in lieu thereof ``28 years'';
(F) by designating the sentence after the table as
paragraph (2) and in that sentence striking out ``the
first sentence of this subsection'' and inserting in
lieu thereof ``the first sentence of paragraph (1)'';
(G) by designating the next sentence as paragraph
(3) and in that sentence striking out ``the first two
sentences of this subsection'' and inserting in lieu
thereof ``paragraph (1)''; and
(H) by designating the last sentence as paragraph
(4) and in that sentence--
(i) striking out ``the first two sentences
of this subsection'' and inserting in lieu
thereof ``paragraph (1)''; and
(ii) striking out ``captain or''; and
(4) by striking out subsections (e), (f), and (g).
SEC. 1329. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS.
(a) Army Provisions.--
(1) Chapter 337, relating to appointments as reserve
officers (other than sections 3351 and 3352), is repealed.
(2) Chapter 361, relating to separation for various
reasons, is repealed.
(3) Chapter 363, relating to separation or transfer to the
Retired Reserve, is repealed.
(b) Navy and Marine Corps Provisions.--
(1) Chapter 541, relating to running mates as reserve
officers, is repealed.
(2) Chapter 549, relating to reserve promotions, is
repealed.
(3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed.
(c) Air Force Provisions.--
(1) Chapter 837, relating to appointments as reserve
officers (other than sections 8351 and 8352), is repealed.
(2) Sections 8819 and 8820 are repealed.
(3) Chapter 863, relating to separation or transfer to the
Retired Reserve, is repealed.
SEC. 1330. AMENDMENTS TO TITLE 32, UNITED STATES CODE.
Title 32, United States Code, is amended as follows:
(1) Sections 309 and 310 are amended to read as follows:
``Sec. 309. Federal recognition of National Guard officers: officers
promoted to fill vacancies
``Each officer of the National Guard who is promoted to fill a
vacancy in a federally recognized unit of the National Guard, and who
has been on the reserve active-status list or the active-duty list of
the Army or the Air Force for at least one year and has completed the
minimum years of service in grade specified in section 14303 of title
10, shall be examined for Federal recognition in the grade to which the
officer is promoted.
``Sec. 310. Federal recognition of National Guard officers: automatic
recognition
``(a) Notwithstanding sections 307 and 309 of this title, if a
second lieutenant of the National Guard is promoted to the grade of
first lieutenant to fill a vacancy in a federally recognized unit in
the National Guard, Federal recognition is automatically extended to
that officer in the grade of first lieutenant, effective as of the date
on which that officer has completed the service in the grade specified
in section 14303(a)(1) of title 10 and has met such other requirements
as prescribed by the Secretary concerned under section 14308(b) of that
title, if the officer has remained in an active status since the
officer was so recommended.
``(b) Notwithstanding sections 307 and 309 of this title, if an
officer of the Army Reserve or the Air Force Reserve in a reserve grade
above second lieutenant is appointed in the next higher grade in the
National Guard to fill a vacancy in a federally recognized unit in the
National Guard, Federal recognition is automatically extended to that
officer in the grade in which the officer is so appointed in the
National Guard if the officer has been recommended for promotion under
chapter 1405 of title 10 and has remained in an active status since the
officer was so recommended. The extension of Federal recognition under
this subsection is effective as of the date when the officer is
appointed in the National Guard.''.
(2) Section 323 is amended by striking out subsections (d)
and (e) and inserting in lieu thereof the following:
``(d) The Federal recognition of a reserve commissioned officer of
the Army or the Air Force who is--
``(1) federally recognized as an officer of the National
Guard; and
``(2) subject to involuntary transfer to the Retired
Reserve, transfer to an inactive status list, or discharge
under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of such
involuntary transfer or discharge.''.
Subtitle B--Other Personnel Policy Amendments
PART I--APPOINTMENTS
SEC. 1331. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF WOMEN IN
RESERVE COMPONENTS.
(a) Enlistments.--Section 510 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Appointment of Officers.--Section 591 is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 1332. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF LIEUTENANT
COLONEL AND COMMANDER.
Section 593(a) is amended--
(1) in the first sentence, by striking out ``Reserves in
commissioned grades below lieutenant colonel and commander''
and inserting in lieu thereof ``reserve officers in
commissioned grades of lieutenant colonel and commander or
below''; and
(2) in the second sentence, by striking out ``Reserves in
commissioned grades above major and lieutenant commander'' and
inserting in lieu thereof ``reserve officers in commissioned
grades above lieutenant colonel and commander''.
SEC. 1333. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN RESERVE
COMPONENTS.
Chapter 34 is amended by inserting after section 596 the following
new section:
``Sec. 596a. Commissioned officers: appointment of former commissioned
officers
``Under regulations prescribed by the Secretary of Defense, a
person who is a former commissioned officer may, if otherwise
qualified, be appointed as a reserve officer of the Army, Navy, Air
Force, or Marine Corps. A person so appointed--
``(1) may be placed on the reserve active-status list of
that armed force in the grade equivalent to the permanent
regular or reserve grade, and in the same competitive category,
in which the person previously served satisfactorily on active
duty or in an active status; and
``(2) may be credited for the purpose of determining date
of rank under section 741(d) of this title with service in
grade equal to that held by that person when discharged or
separated.''.
SEC. 1334. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS IN RESERVE
COMPONENTS WITH QUALIFYING EDUCATION OR EXPERIENCE.
Chapter 34 is further amended by inserting after section 596a (as
added by section 1333) the following new section:
``Sec. 596b. Commissioned officers: service credit upon original
appointment
``(a)(1) For the purpose of determining the grade and the rank
within grade of a person receiving an original appointment as a reserve
commissioned officer (other than a commissioned warrant officer) in the
Army, Navy, Air Force, or Marine Corps, the person shall be credited at
the time of the appointment with any commissioned service (other than
service as a commissioned warrant officer) performed before such
appointment as a regular officer, or as a reserve officer in an active
status, in any armed force, the National Oceanic and Atmospheric
Administration, or the Public Health Service.
``(2) The Secretary of Defense shall prescribe regulations, which
shall apply uniformly among the Army, Navy, Air Force, and Marine
Corps, to authorize the Secretary of the military department concerned
to limit the amount of prior commissioned service with which a person
receiving an original appointment may be credited under paragraph (1),
or to deny any such credit, in the case of a person who at the time of
such appointment is credited with constructive service under subsection
(b).
``(b)(1) Under regulations prescribed by the Secretary of Defense,
a person who is receiving an original appointment as a reserve
commissioned officer (other than a commissioned warrant officer) of the
Army, Navy, Air Force, or Marine Corps, or a designation in, or an
assignment to, an officer category in which advanced education or
training is required and who has advanced education or training, shall
be credited with constructive service for such education, training, or
experience, as follows:
``(A) One year for each year of advanced education beyond
the baccalaureate degree level, for persons appointed or
designated in, or assigned to, officer categories requiring
such advanced education or an advanced degree as a prerequisite
for such appointment, designation, or assignment. In
determining the number of years of constructive service to be
credited under this subparagraph to officers in any
professional field, the Secretary concerned shall credit an
officer with, but with not more than, the number of years of
advanced education required by a majority of institutions that
award degrees in that professional field for completion of the
advanced education or award of the advanced degree.
``(B)(i) Credit for any period of advanced education in a
health profession (other than medicine and dentistry) beyond
the baccalaureate degree level which exceeds the basic
education criteria for such appointment, designation, or
assignment, if such advanced education will be directly used by
the armed force concerned.
``(ii) Credit for experience in a health profession (other
than medicine or dentistry), if such experience will be
directly used by the armed force concerned.
``(C) Additional credit of (i) not more than one year for
internship or equivalent graduate medical, dental, or other
formal health professional training required by the armed
forces, and (ii) not more than one year for each additional
year of such graduate-level training or experience creditable
toward certification in a speciality required by the armed
force concerned.
``(D) Additional credit, in unusual cases, based on special
experience in a particular field.
``(E) Additional credit for experience as a physician or
dentist, if appointed, assigned, or designated as a medical or
dental officer.
``(2) If the Secretary of Defense determines that the number of
medical or dental officers serving in an active status in a reserve
component of the Army, Navy, or Air Force in grades below major or
lieutenant commander is critically below the number needed by such
reserve component in such grades, the Secretary of Defense may
authorize the Secretary of the military department concerned to credit
any person who is receiving an original appointment for service as a
medical or dental officer with a period of constructive credit in such
amount (in addition to any amount credited such person under subsection
(b)) as will result in the grade of such person being that of captain
or, in the case of the Naval Reserve, lieutenant.
``(3) Except as authorized by the Secretary concerned in individual
cases and under regulations prescribed by the Secretary of Defense in
the case of a medical or dental officer, the amount of constructive
service credited an officer under this subsection may not exceed the
amount required in order for the officer to be eligible for an original
appointment as a reserve officer of the Army, Air Force, or Marine
Corps in the grade of major or as a reserve officer of the Navy in the
grade of lieutenant commander.
``(4) Constructive service credited an officer under this
subsection is in addition to any service credited that officer under
subsection (a) and shall be credited at the time of the original
appointment of the officer or assignment to or designation in an
officer category in which advanced education or training or special
experience is required.
``(c) Constructive service may not be credited under subsection (b)
for education, training, or experience obtained while serving as a
commissioned officer (other than a warrant officer) on active duty or
in an active status. However, in the case of an officer who completes
advanced education or receives an advanced degree while on active duty
or in an active status and in less than the number of years normally
required to complete such advanced education or receive such advanced
degree, constructive service may, subject to regulations prescribed
under subsection (a)(2), be credited to the officer under subsection
(b)(1)(A) to the extent that the number of years normally required to
complete such advanced education or receive such advanced degree
exceeds the actual number of years in which such advanced education or
degree is obtained by the officer.
``(d) If the Secretary of Defense determines that the number of
qualified judge advocates serving on the active-duty list of the Army,
Navy, Air Force, or Marine Corps in grades below lieutenant commander
or major is critically below the number needed by that armed force in
those grades, the Secretary of Defense may authorize the Secretary of
the military department concerned to credit any person who is receiving
an original appointment with a view to assignment to the Judge Advocate
General's Corps of the Army or appointment to the Judge Advocate
General's Corps of the Navy, or who is receiving an original
appointment in the Air Force or Marine Corps with a view to designation
as a judge advocate, with a period of constructive service in such an
amount (in addition to any amount credited such person under subsection
(b)) as will result in the grade of such person being that of captain
or, in the case of the Navy, lieutenant, and the date of rank of such
person being junior to that of all other officers of the same grade
serving on the active-duty list.
``(e) Constructive service credited an officer under subsection (b)
or (d) shall be used only for determining the officer's--
``(1) initial grade as a reserve officer;
``(2) rank in grade; and
``(3) service in grade for promotion eligibility.
``(f) The grade and position on the reserve active-status list of a
person receiving an appointment as a reserve officer who at the time of
appointment is credited with service under this section shall be
determined under regulations prescribed by the Secretary of Defense
based upon the amount of service credited.''.
SEC. 1335. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF ARMY
OFFICERS TO RETIRED RESERVE.
(a) Interim Repeal of Obsolete Provision.--Effective for the period
beginning on the date of the enactment of this Act and ending on the
effective date specified in section 1291, section 3853 is amended by
striking out ``the greater of--'' and all that follows and inserting in
lieu thereof ``the sum of the following:
``(1) The officer's years of service as a commissioned
officer of any component of the armed forces or of the Army
without specification of component.
``(2) The officer's years of service in a federally
recognized commissioned status in the National Guard if his
service in the National Guard was continuous from the date of
his Federal recognition as an officer in the National Guard to
the date of his appointment in the National Guard of the United
States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to transfers to the Retired Reserve and to
discharges on or after the date of the enactment of this Act.
SEC. 1336. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT AUTHORITIES.
(a) Army Reserve Officers Appointed in Temporary Grades.--Section
3352(a) is amended by striking out the second sentence.
(b) Air Force Aviation Cadets.--Section 8356 is repealed.
(c) Redundant Statement of Authority.--Section 8379 is repealed.
PART II--SEPARATION AND RETIREMENT
SEC. 1341. COMPUTATION OF HIGHEST GRADE IN WHICH SATISFACTORILY SERVED
FOR RESERVE COMMISSIONED OFFICERS AND FORMER OFFICERS.
Section 1370 is amended by adding at the end the following new
subsection:
``(d)(1) Unless entitled to a higher grade, or to credit for
satisfactory service in a higher grade, under some other provision of
law, a person who is entitled to retired pay under chapter 1225 of this
title shall, upon application under section 12731 of this title, be
credited with satisfactory service in the highest grade in which that
person served satisfactorily at any time in the armed forces, as
determined by the Secretary concerned in accordance with this
subsection.
``(2)(A) In order to be credited with satisfactory service in an
officer grade (other than a warrant officer grade) below the grade of
lieutenant colonel or commander, a person covered by paragraph (1) must
have served satisfactorily in that grade (as determined by the
Secretary of the military department concerned) as a reserve
commissioned officer in an active status, or in a retired status on
active duty, for not less than six months.
``(B) In order to be credited with satisfactory service in an
officer grade above major or lieutenant commander and below lieutenant
general or vice admiral, a person covered by paragraph (1) must have
served satisfactorily in that grade (as determined by the Secretary of
the military department concerned) as a reserve commissioned officer in
an active status, or in a retired status on active duty, for not less
than three years. A person covered by the preceding sentence who has
completed at least six months of satisfactory service in grade and is
transferred from an active status or discharged as a reserve
commissioned officer solely due to the requirements of a
nondiscretionary provision of law requiring that transfer or discharge
due to the person's age or years of service may be credited with
satisfactory service in the grade in which serving at the time of such
transfer or discharge, notwithstanding failure of the person to
complete three years of service in that grade.
``(3) A person whose length of service in the highest grade held
does not meet the service in grade requirements specified in this
subsection shall be credited with satisfactory service in the next
lower grade in which that person served satisfactorily (as determined
by the Secretary of the military department concerned) for not less
than six months.''.
PART III--OTHER AMENDMENTS
SEC. 1351. TENURE IN OFFICE OF CHIEF OF NATIONAL GUARD BUREAU.
Section 3040(c) is amended by adding at the end the following new
sentence: ``While holding that office, the Chief of the National Guard
Bureau may not be removed from the reserve active-status list, or from
an active status, under any provision of law that otherwise would
require such removal due to completion of a specified number of years
of service or a specified number of years of service in grade.''.
SEC. 1352. RIGHT TO REENLIST IN REGULAR ARMY OR REGULAR AIR FORCE AFTER
SERVICE AS AN OFFICER.
(a) Army.--Section 3258 is amended--
(1) by striking out ``Any former enlisted member'' and
inserting in lieu thereof ``(a) Subject to subsections (b) and
(c), a former enlisted member'';
(2) by striking out the last sentence; and
(3) by adding at the end the following:
``(b) A person who is a former enlisted member is not entitled to
be reenlisted under subsection (a) if that person is discharged or
released from active duty from service as an officer described in that
subsection--
``(1) because that person's performance of duty while
serving as such an officer has fallen below standards
prescribed by the Secretary of Defense;
``(2) because of misconduct or moral or professional
dereliction; or
``(3) because retention of that person as an officer is not
clearly consistent with the interest of national security.
``(c) A person who is a former enlisted member is not entitled to
be reenlisted under subsection (a) if that person's status and grade as
an enlisted member were only held during, and solely as a result of,
participation in a precommissioning program after the effective date of
the Reserve Officer Personnel Management Act.''.
(b) Air Force.--Section 8258 is amended--
(1) by striking out ``Any former enlisted member'' and
inserting in lieu thereof ``(a) Subject to subsections (b) and
(c), a former enlisted member'';
(2) by striking out the last sentence; and
(3) by adding at the end the following:
``(b) A person who is a former enlisted member is not entitled to
be reenlisted under subsection (a) if that person is discharged or
released from active duty from service as an officer described in that
subsection--
``(1) because that person's performance of duty while
serving as such an officer has fallen below standards
prescribed by the Secretary of Defense;
``(2) because of misconduct or moral or professional
dereliction; or
``(3) because retention of that person as an officer is not
clearly consistent with the interest of national security.
``(c) A person who is a former enlisted member is not entitled to
be reenlisted under subsection (a) if that person's status and grade as
an enlisted member were only held during, and solely as a result of,
participation in a precommissioning program after the effective date of
the Reserve Officer Personnel Management Act.''.
Subtitle C--Reorganization and Consolidation of Laws Relating to
Reserve Components
SEC. 1361. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION OF RESERVE
COMPONENTS.
(a) Reserve Components Generally.--(1) Subtitle E, as added by
section 1311, is amended by inserting after the table of chapters at
the beginning of the subtitle the following:
``PART I--ORGANIZATION AND ADMINISTRATION
``Chap Sec.
``1001. Definitions......................................... 10001
``1003. Reserve Components Generally........................ 10101
``1005. Elements of Reserve Components...................... 10141
``1007. Administration of Reserve Components................ 10201
``1009. Reserve Forces Policy Boards and Committees......... 10301
``1011. National Guard Bureau............................... 10501
``1013. Budget Information and Annual Reports to Congress... 10541
``CHAPTER 1001--DEFINITIONS
``Sec.
``10001. Definition of State.
``Sec. 10001. Definition of State
``In this subtitle, the term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and
Guam.
``CHAPTER 1003--RESERVE COMPONENTS GENERALLY
``Sec.
``10101. Reserve components named.
``10102. Purpose of reserve components.
``10103. Basic policy for order of National Guard into Federal service.
``10104. Army Reserve: composition.
``10105. Army National Guard of the United States: composition.
``10106. Army National Guard: when a component of the Army.
``10107. Army National Guard of the United States: status when not in
Federal service.
``10108. Naval Reserve: administration.
``10109. Marine Corps Reserve: administration.
``10110. Air Force Reserve: composition.
``10111. Air National Guard of the United States: composition.
``10112. Air National Guard: when a component of the Air Force.
``10113. Air National Guard of the United States: status when not in
Federal service.
``10114. Coast Guard Reserve.
``Sec. 10101. Reserve components named
``The reserve components of the armed forces are:
``(1) The Army National Guard of the United States.
``(2) The Army Reserve.
``(3) The Naval Reserve.
``(4) The Marine Corps Reserve.
``(5) The Air National Guard of the United States.
``(6) The Air Force Reserve.
``(7) The Coast Guard Reserve.
``Sec. 10102. Purpose of reserve components
``The purpose of each reserve component is to provide trained units
and qualified persons available for active duty in the armed forces, in
time of war or national emergency, and at such other times as the
national security may require, to fill the needs of the armed forces
whenever, during and after the period needed to procure and train
additional units and qualified persons to achieve the planned
mobilization, more units and persons are needed than are in the regular
components.
``Sec. 10103. Basic policy for order of the National Guard and reserve
components to active duty
``Whenever Congress determines that more units and organizations
are needed for the national security than are in the regular components
of the ground and air forces, the Army National Guard of the United
States and the Air National Guard of the United States, or such parts
of them as are needed, together with units of other reserve components
necessary for a balanced force, shall be ordered to active duty and
retained as long as so needed.
``Sec. 10104. Army Reserve: composition
``The Army Reserve includes all Reserves of the Army who are not
members of the Army National Guard of the United States.
``Sec. 10105. Army National Guard of the United States: composition
``The Army National Guard of the United States is the reserve
component of the Army that consists of--
``(1) federally recognized units and organizations of the
Army National Guard; and
``(2) members of the Army National Guard who are also
Reserves of the Army.
``Sec. 10106. Army National Guard: when a component of the Army
``The Army National Guard while in the service of the United States
is a component of the Army.
``Sec. 10107. Army National Guard of the United States: status when not
in Federal service
``When not on active duty, members of the Army National Guard of
the United States shall be administered, armed, equipped, and trained
in their status as members of the Army National Guard.
``Sec. 10108. Naval Reserve: administration
``(a) The Naval Reserve is the reserve component of the Navy. It
shall be organized, administered, trained, and supplied under the
direction of the Chief of Naval Operations.
``(b) The bureaus and offices of the executive part of the
Department of the Navy have the same relation and responsibility to the
Naval Reserve as they do to the Regular Navy.
``Sec. 10109. Marine Corps Reserve: administration
``(a) The Marine Corps Reserve is the reserve component of the
Marine Corps. It shall be organized, administered, trained, and
supplied under the direction of the Commandant of the Marine Corps.
``(b) The departments and offices of Headquarters, Marine Corps
have the same relation and responsibilities to the Marine Corps Reserve
as they do to the Regular Marine Corps.
``Sec. 10110. Air Force Reserve: composition
``The Air Force Reserve is a reserve component of the Air Force to
provide a reserve for active duty. It consists of the members of the
officers' section of the Air Force Reserve and of the enlisted section
of the Air Force Reserve. It includes all Reserves of the Air Force who
are not members of the Air National Guard of the United States.
``Sec. 10111. Air National Guard of the United States: composition
``The Air National Guard of the United States is the reserve
component of the Air Force that consists of--
``(1) federally recognized units and organizations of the
Air National Guard; and
``(2) members of the Air National Guard who are also
Reserves of the Air Force.
``Sec. 10112. Air National Guard: when a component of the Air Force
``The Air National Guard while in the service of the United States
is a component of the Air Force.
``Sec. 10113. Air National Guard of the United States: status when not
in Federal service
``When not on active duty, members of the Air National Guard of the
United States shall be administered, armed, equipped, and trained in
their status as members of the Air National Guard.
``Sec. 10114. Coast Guard Reserve
``As provided in section 701 of title 14, the Coast Guard Reserve
is a component of the Coast Guard and is organized, administered,
trained, and supplied under the direction of the Commandant of the
Coast Guard. Laws applicable to the Coast Guard Reserve are set forth
in chapter 21 of title 14 (14 U.S.C. 701 et seq.).
``CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS
``Sec.
``10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and
status of members; training categories.
``10142. Ready Reserve generally.
``10143. Ready Reserve: Selected Reserve.
``10144. Ready Reserve: Individual Ready Reserve.
``10145. Ready Reserve: placement in.
``10146. Ready Reserve: transfer from.
``10147. Ready Reserve: training requirements.
``10148. Ready Reserve: failure to satisfactorily perform prescribed
training.
``10149. Ready Reserve: continuous screening.
``10150. Ready Reserve: transfer back from Standby Reserve.
``10151. Standby Reserve: composition.
``10152. Standby Reserve: inactive status list.
``10153. Standby Reserve: status of members.
``10154. Retired Reserve.
``Sec. 10141. Ready Reserve; Standby Reserve; Retired Reserve:
placement and status of members; training categories
``(a) There are in each armed force a Ready Reserve, a Standby
Reserve, and a Retired Reserve. Each Reserve shall be placed in one of
those categories.
``(b) Reserves who are on the inactive status list of a reserve
component, or who are assigned to the inactive Army National Guard or
the inactive Air National Guard, are in an inactive status. Members in
the Retired Reserve are in a retired status. All other Reserves are in
an active status.
``(c) As prescribed by the Secretary concerned, each reserve
component except the Army National Guard of the United States and the
Air National Guard of the United States shall be divided into training
categories according to the degrees of training, including the number
and duration of drills or equivalent duties to be completed in stated
periods. The designation of training categories shall be the same for
all armed forces and the same within the Ready Reserve and the Standby
Reserve.
``Sec. 10142. Ready Reserve
``(a) The Ready Reserve consists of units or Reserves, or both,
liable for active duty as provided in sections 12301 and 12302 of this
title.
``(b) The authorized strength of the Ready Reserve is 2,900,000.
``Sec. 10143. Ready Reserve: Selected Reserve
``(a) Within the Ready Reserve of each of the reserve components
there is a Selected Reserve. The Selected Reserve consists of units,
and, as designated by the Secretary concerned, of Reserves, trained as
prescribed in section 10147(a)(1) of this title or section 502(a) of
title 32, as appropriate.
``(b) The organization and unit structure of the Selected Reserve
shall be approved--
``(1) in the case of all reserve components other than the
Coast Guard Reserve, by the Secretary of Defense based upon
recommendations from the military departments as approved by
the Chairman of the Joint Chiefs of Staff in accordance with
contingency and war plans; and
``(2) in the case of the Coast Guard Reserve, by the
Secretary of Transportation upon the recommendation of the
Commandant of the Coast Guard.
``Sec. 10144. Ready Reserve: Individual Ready Reserve
``Within the Ready Reserve of each of the reserve components there
is an Individual Ready Reserve. The Individual Ready Reserve consists
of those members of the Ready Reserve who are not in the Selected
Reserve or the inactive National Guard.
``Sec. 10145. Ready Reserve: placement in
``(a) Each person required under law to serve in a reserve
component shall, upon becoming a member, be placed in the Ready Reserve
of his armed force for his prescribed term of service, unless he is
transferred to the Standby Reserve under section 10146(a) of this
title.
``(b) The units and members of the Army National Guard of the
United States and of the Air National Guard of the United States are in
the Ready Reserve of the Army and the Ready Reserve of the Air Force,
respectively.
``(c) All Reserves assigned to units organized to serve as units
and designated as units in the Ready Reserve are in the Ready Reserve.
``(d) Under such regulations as the Secretary concerned may
prescribe, any qualified member of a reserve component or any qualified
retired enlisted member of a regular component may, upon his request,
be placed in the Ready Reserve. However, a member of the Retired
Reserve entitled to retired pay or a retired enlisted member of a
regular component may not be placed in the Ready Reserve unless the
Secretary concerned makes a special finding that the member's services
in the Ready Reserve are indispensable. The Secretary concerned may not
delegate his authority under the preceding sentence.
``Sec. 10146. Ready Reserve: transfer from
``(a) Subject to subsection (c) and under regulations prescribed by
the Secretary of Defense, or by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a service in the
Navy, a member in the Ready Reserve may be transferred to the Standby
Reserve.
``(b) A Reserve who is qualified and so requests may be transferred
to the Retired Reserve under regulations prescribed by the Secretary
concerned and, in the case of the Secretary of a military department,
approved by the Secretary of Defense.
``(c) A member of the Army National Guard of the United States or
the Air National Guard of the United States may be transferred to the
Standby Reserve only with the consent of the governor or other
appropriate authority of the State.
``Sec. 10147. Ready Reserve: training requirements
``(a) Except as specifically provided in regulations to be
prescribed by the Secretary of Defense, or by the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy, each person who is enlisted, inducted, or
appointed in an armed force, and who becomes a member of the Ready
Reserve under any provision of law except section 513 or 10145(b) of
this title, shall be required, while in the Ready Reserve, to--
``(1) participate in at least 48 scheduled drills or
training periods during each year and serve on active duty for
training of not less than 14 days (exclusive of traveltime)
during each year; or
``(2) serve on active duty for training not more than 30
days during each year.
``(b) A member who has served on active duty for one year or longer
may not be required to perform a period of active duty for training if
the first day of that period falls during the last 120 days of the
member's required membership in the Ready Reserve.
``Sec. 10148. Ready Reserve: failure to satisfactorily perform
prescribed training
``(a) A member of the Ready Reserve covered by section 10147 of
this title who fails in any year to perform satisfactorily the training
duty prescribed in that section, as determined by the Secretary
concerned under regulations prescribed by the Secretary of Defense, may
be ordered without his consent to perform additional active duty for
training for not more than 45 days. If the failure occurs during the
last year of his required membership in the Ready Reserve, his
membership is extended until he performs that additional active duty
for training, but not for more than six months.
``(b) A member of the Army National Guard of the United States or
the Air National Guard of the United States who fails in any year to
perform satisfactorily the training duty prescribed by or under law for
members of the Army National Guard or the Air National Guard, as the
case may be, as determined by the Secretary concerned, may, upon the
request of the Governor of the State (or, in the case of the District
of Columbia, the commanding general of the District of Columbia
National Guard) be ordered, without his consent, to perform additional
active duty for training for not more than 45 days. A member ordered to
active duty under this subsection shall be ordered to duty as a Reserve
of the Army or as a Reserve of the Air Force, as the case may be.
``Sec. 10149. Ready Reserve: continuous screening
``(a) Under regulations to be prescribed by the President, the
Secretary concerned shall provide a system of continuous screening of
units and members of the Ready Reserve to ensure the following:
``(1) That there will be no significant attrition of those
members or units during a mobilization.
``(2) That there is a proper balance of military skills.
``(3) That except for those with military skills for which
there is an overriding requirement, members having critical
civilian skills are not retained in numbers beyond the need for
those skills.
``(4) That with due regard to national security and
military requirements, recognition will be given to
participation in combat.
``(5) That members whose mobilization in an emergency would
result in an extreme personal or community hardship are not
retained in the Ready Reserve.
``(b) Under regulations to be prescribed by the Secretary of
Defense, and by the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the Navy, a member
of the Ready Reserve who is designated as a member not to be retained
in the Ready Reserve as a result of screening under subsection (a)
shall, as appropriate, be--
``(1) transferred to the Standby Reserve;
``(2) discharged; or
``(3) if the member is eligible and applies therefor,
transferred to the Retired Reserve.
``Sec. 10150. Ready Reserve: transfer back from Standby Reserve
``Under regulations to be prescribed by the Secretary of Defense,
and by the Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, a member of the
Standby Reserve who has not completed his required period of service in
the Ready Reserve may be transferred to the Ready Reserve when the
reason for his transfer to the Standby Reserve no longer exists.
``Sec. 10151. Standby Reserve: composition
``The Standby Reserve consists of those units or members, or both,
of the reserve components, other than those in the Ready Reserve or
Retired Reserve, who are liable for active duty only as provided in
sections 12301 and 12306 of this title.
``Sec. 10152. Standby Reserve: inactive status list
``(a) An inactive status list shall be maintained in the Standby
Reserve. Whenever an authority designated by the Secretary concerned
considers that it is in the best interest of the armed force concerned,
a member in the Standby Reserve who is not required to remain a
Reserve, and who cannot participate in prescribed training, may, if
qualified, be transferred to the inactive status list under regulations
to be prescribed by the Secretary concerned. These regulations shall
fix the conditions under which such a member is entitled to be returned
to an active status.
``Sec. 10153. Standby Reserve: status of members
``While in an inactive status, a Reserve is not eligible for pay or
promotion and (as provided in section 12734(a) of this title) does not
accrue credit for years of service under chapter 1223 of this title.
``Sec. 10154. Retired Reserve
``The Retired Reserve consists of the following Reserves:
``(1) Reserves who are or have been retired under section
3911, 6323, or 8911 of this title or under section 291 of title
14.
``(2) Reserves who have been transferred to the Retired
Reserve upon their request, retain their status as Reserves,
and are otherwise qualified.
``CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
``Sec.
``10201. Assistant Secretary of Defense for Reserve Affairs.
``10202. Regulations.
``10203. Reserve affairs: designation of general or flag officer of
each armed force.
``10204. Personnel records.
``10205. Members of Individual Ready Reserve: requirement of
notification of change of status.
``10206. Members: periodic physical examinations.
``10207. Mobilization forces: maintenance.
``10208. Annual mobilization exercise.
``10209. Regular and reserve components: discrimination prohibited.
``10210. Dissemination of information.
``10211. Policies and regulations: participation of reserve officers in
preparation and administration.
``10212. Gratuitous services of officers: authority to accept.
``10213. Reserve components: dual membership prohibited.
``10214. Adjutants general and assistant adjutants general: reference
to other officers of National Guard.
``10215. Officers of Army National Guard of the United States and Air
National Guard of the United States:
authority with respect to Federal status.
``Sec. 10201. Assistant Secretary of Defense for Reserve Affairs
``As provided in section 138(b)(2) of this title, the official in
the Department of Defense with responsibility for overall supervision
of reserve component affairs of the Department of Defense is the
Assistant Secretary of Defense for Reserve Affairs.
``Sec. 10202. Regulations
``(a) Subject to standards, policies, and procedures prescribed by
the Secretary of Defense, the Secretary of each military department
shall prescribe such regulations as the Secretary considers necessary
to carry out provisions of law relating to the reserve components under
the Secretary's jurisdiction.
``(b) The Secretary of Transportation, with the concurrence of the
Secretary of the Navy, shall prescribe such regulations as the
Secretary considers necessary to carry out all provisions of law
relating to the reserve components insofar as they relate to the Coast
Guard, except when the Coast Guard is operating as a service in the
Navy.
``(c) So far as practicable, regulations for all reserve components
shall be uniform.
``Sec. 10203. Reserve affairs: designation of general or flag officer
of each armed force
``(a) The Secretary of the Army may designate a general officer of
the Army to be directly responsible for reserve affairs to the Chief of
Staff of the Army.
``(b) The Secretary of the Navy may designate a flag officer of the
Navy to be directly responsible for reserve affairs to the Chief of
Naval Operations and a general officer of the Marine Corps to be
directly responsible for reserve affairs to the Commandant of the
Marine Corps.
``(c) The Secretary of the Air Force may designate a general
officer of the Air Force to be directly responsible for reserve affairs
to the Chief of Staff of the Air Force.
``(d) The Secretary of Transportation may designate a flag officer
of the Coast Guard to be directly responsible for reserve affairs to
the Commandant of the Coast Guard.
``(e) This section does not affect the functions of the Chief of
the National Guard Bureau, the Chief of Army Reserve, or the Chief of
Air Force Reserve.
``Sec. 10204. Personnel records
``(a) The Secretary concerned shall maintain adequate and current
personnel records of each member of the reserve components under the
Secretary's jurisdiction showing the following with respect to the
member:
``(1) Physical condition.
``(2) Dependency status.
``(3) Military qualifications.
``(4) Civilian occupational skills.
``(5) Availability for service.
``(6) Such other information as the Secretary concerned may
prescribe.
``(b) Under regulations to be prescribed by the Secretary of
Defense, the Secretary of each military department shall maintain a
record of the number of members of each class of each reserve component
who, during each fiscal year, have participated satisfactorily in
active duty for training and inactive duty training with pay.
``Sec. 10205. Members of Ready Reserve: requirement of notification of
change of status
``(a) Each member of the Ready Reserve shall notify the Secretary
concerned of any change in the member's address, marital status, number
of dependents, or civilian employment and of any change in the member's
physical condition that would prevent the member from meeting the
physical or mental standards prescribed for the member's armed force.
``(b) This section shall be administered under regulations
prescribed by the Secretary of Defense and by the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy.
``Sec. 10206. Members: periodic physical examinations
``(a) Each member of the Ready Reserve who is not on active duty
shall--
``(1) be examined as to his physical fitness every five
years, or more often as the Secretary concerned considers
necessary; and
``(2) execute and submit annually to the Secretary
concerned a certificate of physical condition.
Each Reserve in an active status, or on an inactive status list, who is
not on active duty shall execute and submit annually to the Secretary
concerned a certificate of physical condition.
``(b) The kind of duty to which a Reserve ordered to active duty
may be assigned shall be considered in determining physical
qualifications for active duty.
``Sec. 10207. Mobilization forces: maintenance
``(a) Whenever units or members of the reserve components are
ordered to active duty (other than for training) during a period of
partial mobilization, the Secretary concerned shall continue to
maintain mobilization forces by planning and budgeting for the
continued organization and training of the reserve components not
mobilized, and make the fullest practicable use of the Federal
facilities vacated by mobilized units, consistent with approved joint
mobilization plans.
``(b) In this section, the term `partial mobilization' means the
mobilization resulting from action by Congress or the President, under
any law, to bring units of any reserve component, and members not
assigned to units organized to serve as units, to active duty for a
limited expansion of the active armed forces.
``Sec. 10208. Annual mobilization exercise
``(a) The Secretary of Defense shall conduct at least one major
mobilization exercise each year. The exercise should be as
comprehensive and as realistic as possible and should include the
participation of associated active component and reserve component
units.
``(b) The Secretary shall maintain a plan to test periodically each
active component and reserve component unit based in the United States
and all interactions of such units, as well as the sustainment of the
forces mobilized as part of the exercise, with the objective of
permitting an evaluation of the adequacy of resource allocation and
planning.
``Sec. 10209. Regular and reserve components: discrimination prohibited
``Laws applying to both Regulars and Reserves shall be administered
without discrimination--
``(1) among Regulars;
``(2) among Reserves; and
``(3) between Regulars and Reserves.
``Sec. 10210. Dissemination of information
``The Secretary of Defense shall require the complete and current
dissemination, to all Reserves and to the public, of information of
interest to the reserve components.
``Sec. 10211. Policies and regulations: participation of Reserve
officers in preparation and administration
``Within such numbers and in such grades and assignments as the
Secretary concerned may prescribe, each armed force shall have officers
of its reserve components on active duty (other than for training) at
the seat of government, and at headquarters responsible for reserve
affairs, to participate in preparing and administering the policies and
regulations affecting those reserve components. While so serving, such
an officer is an additional number of any staff with which he is
serving.
``Sec. 10212. Gratuitous services of officers: authority to accept
``Notwithstanding section 1342 of title 31, the Secretary of a
military department may accept the gratuitous services of an officer of
a reserve component under the Secretary's jurisdiction (other than an
officer of the Army National Guard of the United States or the Air
National Guard of the United States)--
``(1) in the furtherance of the enrollment, organization,
and training of that officer's reserve component or the Reserve
Officers' Training Corps; or
``(2) in consultation upon matters relating to the armed
forces.
``Sec. 10213. Reserve components: dual membership prohibited
``Except as otherwise provided in this title, no person may be a
member of more than one reserve component at the same time.
``Sec. 10214. Adjutants general and assistant adjutants general:
reference to other officers of National Guard
``In any case in which, under the laws of a State, an officer of
the National Guard of that jurisdiction, other than the adjutant
general or an assistant adjutant general, normally performs the duties
of that office, the references in sections 12004(b)(1), 12215,
12642(c), 14507(b), 14508(e), and 14512 of this title to the adjutant
general or the assistant adjutant general shall be applied to that
officer instead of to the adjutant general or assistant adjutant
general.
``Sec. 10215. Officers of Army National Guard of the United States and
Air National Guard of the United States: authority with
respect to Federal status
``(a)(1) Officers of the Army National Guard of the United States
who are not on active duty--
``(A) may order members of the Army National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Air Force,
may order members of the Air National Guard of the United
States to active duty for training under that section.
``(2) Officers of the Air National Guard of the United States who
are not on active duty--
``(A) may order members of the Air National Guard of the
United States to active duty for training under section
12301(d) of this title; and
``(B) with the approval of the Secretary of the Army, may
order members of the Army National Guard of the United States
to active duty for training under that section.
``(b) Officers of the Army National Guard of the United States or
the Air National Guard of the United States who are not on active
duty--
``(1) may enlist, reenlist, or extend the enlistments of
persons as Reserves of the Army or Reserves of the Air Force
for service in the Army National Guard of the United States or
the Air National Guard of the United States, as the case may
be; and
``(2) with respect to their Federal status, may promote or
discharge persons enlisted or reenlisted as Reserves of the
Army or Reserves of the Air Force for that service.
``(c) This section shall be carried out under regulations
prescribed by the Secretary of the Army, with respect to matters
concerning the Army, and by the Secretary of the Air Force, with
respect to matters concerning the Air Force.''.
(2)(A) Sections 261 through 265 and 267 through 281 are repealed.
(B) Chapter 11 is amended by striking out the table of sections at
the beginning and inserting in lieu thereof the following:
``Sec.
``261. Reference to chapters 1003, 1005, and 1007.
``Sec. 261. Reference to chapters 1003, 1005, and 1007
``Provisions of law relating to the reserve components generally,
including provisions relating to the organization and administration of
the reserve components, are set forth in chapter 1003 (beginning with
section 10101), chapter 1005 (beginning with section 10141), and
chapter 1007 (beginning with section 10201) of this title.''.
(3)(A) Chapter 519 and sections 652, 2001, 3076 through 3080, and
8076 through 8080 are repealed.
(B) Section 552(e) of Public Law 98-525 is repealed.
(4) Section 1004 is amended--
(A) by striking out subsections (a) and (b); and
(B) by striking out ``(c)'' before ``Except as otherwise
provided''.
(5)(A) Section 10147(a), as added by paragraph (1), applies only to
persons who were inducted, enlisted, or appointed in an armed force
after August 9, 1955.
(B) Section 10148(b), as added by paragraph (1), applies only to
persons who became members of the Army National Guard of the United
States or the Air National Guard of the United States after October 4,
1961.
(b) Boards and Committees.--(1) Part I of subtitle E (as added by
subsection (a)) is amended by adding at the end the following:
``CHAPTER 1009--RESERVE FORCES POLICY BOARDS AND COMMITTEES
``Sec.
``10301. Reserve Forces Policy Board.
``10302. Army Reserve Forces Policy Committee.
``10303. Naval Reserve Policy Board.
``10304. Marine Corps Reserve Policy Board.
``10305. Air Force Reserve Forces Policy Committee.
``Sec. 10301. Reserve Forces Policy Board
``(a) There is in the Office of the Secretary of Defense a Reserve
Forces Policy Board. The Board consists of the following:
``(1) A civilian chairman appointed by the Secretary of
Defense.
``(2) The Assistant Secretary of the Army for Manpower and
Reserve Affairs, the Assistant Secretary of the Navy for
Manpower and Reserve Affairs, and the Assistant Secretary of
the Air Force for Manpower and Reserve Affairs.
``(3) An officer of the Regular Army designated by the
Secretary of the Army.
``(4) An officer of the Regular Navy or Regular Marine
Corps designated by the Secretary of the Navy.
``(5) An officer of the Regular Air Force designated by the
Secretary of the Air Force.
``(6) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Army,
two of whom must be members of the Army National Guard of the
United States, and two of whom must be members of the Army
Reserve.
``(7) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Navy,
two of whom must be members of the Naval Reserve, and two of
whom must be members of the Marine Corps Reserve.
``(8) Four reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Air
Force, two of whom must be members of the Air National Guard of
the United States, and two of whom must be members of the Air
Force Reserve.
``(9) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general officer or flag officer
designated by the Chairman of the Board with the approval of
the Secretary of Defense, and who serves without vote as
military adviser to the Chairman and as executive officer of
the Board.
``(b) Whenever the Coast Guard is not operating as a service in the
Navy, the Secretary of Transportation may designate two officers of the
Coast Guard, Regular or Reserve, to serve as voting members of the
Board.
``(c) The Board, acting through the Assistant Secretary of Defense
for Reserve Affairs, is the principal policy adviser to the Secretary
of Defense on matters relating to the reserve components.
``(d) This section does not affect the committees on reserve
policies prescribed within the military departments by sections 10302
through 10305 of this title.
``(e) A member of a committee or board prescribed under a section
listed in subsection (d) may, if otherwise eligible, be a member of the
Reserve Forces Policy Board.
``(f) The Board shall act on those matters referred to it by the
Chairman and, in addition, on any matter raised by a member of the
Board.
``Sec. 10303. Naval Reserve Policy Board
``A Naval Reserve Policy Board shall be convened at least once
annually at the seat of government to consider, recommend, and report
to the Secretary of the Navy on reserve policy matters. At least half
of the members of the Board must be officers of the Naval Reserve.
``Sec. 10304. Marine Corps Reserve Policy Board
``A Marine Corps Reserve Policy Board shall be convened at least
once annually at the seat of government to consider, recommend, and
report to the Secretary of the Navy on reserve policy matters. At least
half of the members of the Board must be officers of the Marine Corps
Reserve.''.
(2)(A) Section 3021 is transferred to chapter 1009 (as added by
paragraph (1)), inserted after section 10301, and redesignated as
section 10302.
(B) Section 8021 is transferred to chapter 1009 (as added by
paragraph (1)), inserted after section 10304, and redesignated as
section 10305.
(3) The text of section 175 is amended to read as follows:
``There is in the Office of the Secretary of Defense a Reserve
Forces Policy Board. The functions, membership, and organization of
that board are set forth in section 10301 of this title.''.
(4)(A) Chapter 303 (as amended by paragraph (2)(A)) is amended by
adding at the end the following:
``Sec. 3021. Army Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Army an Army
Reserve Forces Policy Committee. The functions, membership, and
organization of that committee are set forth in section 10302 of this
title.''.
(B) Chapter 803 (as amended by paragraph (2)(B)) is amended by
adding at the end the following:
``Sec. 8021. Air Force Reserve Forces Policy Committee
``There is in the Office of the Secretary of the Air Force an Air
Force Reserve Forces Policy Committee. The functions, membership, and
organization of that committee are set forth in section 10305 of this
title.''.
(c) National Guard Bureau.--(1) Part I of subtitle E, as added by
subsection (a), is amended by adding after chapter 1009, as added by
subsection (b), the following:
``CHAPTER 1011--NATIONAL GUARD BUREAU
``Sec.
``10501. National Guard Bureau: organization; function.
``10502. Chief of Bureau: appointment.
``10503. Chief of Bureau: term of office; grade; filling vacancy.
``10504. National Guard Bureau: assignment of officers of regular or
reserve components.
``Sec. 10501. National Guard Bureau: organization; function
``There is a National Guard Bureau, which is a joint bureau of the
Department of the Army and the Department of the Air Force. The
National Guard Bureau is the channel of communication between the
departments concerned and the several States, Territories, Puerto Rico,
and the District of Columbia on all matters pertaining to the National
Guard, the Army National Guard of the United States, and the Air
National Guard of the United States.
``Sec. 10502. Chief of Bureau: appointment
``(a) Chief.--The National Guard Bureau is headed by a chief who is
the adviser to the Army Chief of Staff and the Air Force Chief of Staff
on National Guard matters.
``(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Chief of the Bureau from
officers of the Army National Guard of the United States or the Air
National Guard of the United States who--
``(1) have been recommended by their respective governors;
``(2) have had at least 10 years of commissioned service in
the active National Guard; and
``(3) are in a grade above lieutenant colonel.
``Sec. 10503. Chief of Bureau: term of office; grade; filling vacancy
``(a) Term of Office.--The Chief of the National Guard Bureau holds
office for four years, but may be removed for cause at any time. An
officer may not hold the office of Chief of the Bureau after attaining
64 years of age. He is eligible to succeed himself. While holding that
office, the Chief of the Bureau may not be removed from the reserve
active-status list, or from an active status, under any provision of
law that otherwise would require such removal due to completion of a
specified number of years of service or a specified number of years of
service in grade.
``(b) Grade While Serving.--If an officer appointed as Chief of the
National Guard Bureau holds a lower reserve grade, the officer shall be
appointed as a Reserve in his armed force in the grade of major general
for service in the Army National Guard of the United States or the Air
National Guard of the United States, as the case may be, while serving
as Chief of the Bureau.
``(c) Disability; Vacancy.--If the Chief of the Bureau is unable,
because of disability, to perform the functions of his office, or if
that office is vacant, the senior officer of the Army National Guard of
the United States or the Air National Guard of the United States on
duty in the Bureau shall act as its chief until the disability ceases
or a successor is appointed.
``Sec. 10504. National Guard Bureau: assignment of officers of regular
or reserve components
``Except as provided in section 12402(b) of this title, the
President may assign to duty in the National Guard Bureau as many
regular or reserve officers of the Army and the Air Force as he
considers necessary.''.
(2) Section 3040 (as amended by section 1351) and sections 3541 and
8541 are repealed.
(d) Annual Reports to Congress.--(1) Part I of subtitle E, as added
by subsection (a), is amended by adding after chapter 1011, as added by
subsection (c), the following:
``CHAPTER 1013--BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS
``Sec.
``10541. National Guard and reserve component equipment: annual report
to Congress.
``10542. Army National Guard combat readiness: annual report.''.
(2)(A) Section 115b is transferred to chapter 1013, as added by
paragraph (1), inserted after the table of sections, and redesignated
as section 10541.
(B) The heading of that section is amended to read as follows:
``Sec. 10541. National Guard and reserve component equipment: annual
report to Congress''.
(3) Section 3082 is transferred to chapter 1013, as added by
paragraph (1), inserted after section 10541 (as transferred and
redesignated by paragraph (2)), redesignated as section 10542, and
amended by striking out the word in the section heading before the
colon and by striking out subsection (c).
SEC. 1362. LAWS RELATING TO RESERVE COMPONENT PERSONNEL POLICY.
(a) Strength and Distribution in Grade.--(1) Subtitle E, as added
by section 1311, is amended by inserting after part I of such subtitle,
as added by section 1361, the following:
``PART II--PERSONNEL GENERALLY
``Chap. Sec.
``1201. Authorized Strengths and Distribution in Grade...... 12001
``1203. Enlisted Members.................................... 12101
``1205. Appointment of Reserve Officers..................... 12201
``1207. Warrant Officers.................................... 12241
``1209. Active Duty......................................... 12301
``1211. National Guard Members in Federal Service........... 12401
``1213. Special Appointments, Assignments, Details, and 12501
Duties.
``1215. Miscellaneous Prohibitions and Penalties
[No present sections]
``1217. Miscellaneous Rights and Benefits................... 12601
``1219. Standards and Procedures for Retention and Promotion 12641
``1221. Separation.......................................... 12681
``1223. Retired Pay for Non-Regular Service................. 12731
``1225. Retired Grade....................................... 12771
``CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
``Sec.
``12001. Authorized strengths: reserve components.
``12002. Authorized strengths: Army and Air Force reserve components,
exclusive of members on active duty.
``12003. Authorized strengths: commissioned officers active status.
``12004. Strength in grade: reserve general and flag officers in an
active status.
``12005. Strength in grade: commissioned officers in grades below
brigadier general or rear admiral (lower
half) in an active status.
``12006. Strength limitations: authority to waive in time of war or
national emergency.
``12007. Reserve officers of the Army: distribution.
``12008. Army Reserve and Air Force Reserve: warrant officers.
``12009. Army and Air Force reserve components: temporary increases.
``12010. Computations for Naval Reserve and Marine Corps Reserve: rule
when fraction occurs in final result.
``12011. Authorized strengths: reserve officers on active duty or on
full-time National Guard duty for
administration of the reserves or the
National Guard.
``12012. Authorized strengths: senior enlisted members on active duty
or on full-time National Guard duty for
administration of the reserves or the
National Guard.
``Sec. 12001. Authorized strengths: reserve components
``(a) Whenever the authorized strength of a reserve component
(other than the Coast Guard Reserve) is not prescribed by law, it shall
be prescribed by the President.
``(b) Subject to the authorized strength of the reserve component
concerned, the authorized strength of each reserve component (other
than the Coast Guard Reserve) in members in each grade is that which
the Secretary concerned determines to be necessary to provide for
mobilization requirements. The Secretary shall review these
determinations at least once each year and revise them if he considers
it necessary. However, a member of the reserve component concerned may
not, as a result of such a determination, be reduced in the member's
reserve grade without the member's consent.
``Sec. 12002. Authorized strengths: Army and Air Force reserve
components, exclusive of members on active duty
``(a) The authorized strengths of the National Guard and the
reserve components of the Army and the Air Force, exclusive of members
who are included in the strengths authorized for members of the Army
and Air Force, respectively, on active duty, are as follows:
``Army National Guard and the Army National Guard of 600,000
the United States.
``Army Reserve....................................... 980,000
``Air National Guard and the Air National Guard of 150,000
the United States.
``Air Force Reserve.................................. 500,000.
``(b) The strength authorized by this section for the Army National
Guard and the Army National Guard of the United States, and the
strength authorized by this section for the Air National Guard and the
Air National Guard of the United States, shall be allocated among the
States.
``Sec. 12003. Authorized strengths: commissioned officers in an active
status
``(a) The authorized strengths of the Army, Navy, Air Force, and
Marine Corps in reserve commissioned officers, other than commissioned
warrant officers and officers on an active-duty list, in an active
status are as follows:
``Army............................................... 275,000
``Air Force.......................................... 200,000
``Navy............................................... 150,000
``Marine Corps....................................... 24,500.
``(b) The authorized strengths prescribed by subsection (a) may not
be exceeded unless--
``(1) the Secretary concerned determines that a greater
number is necessary for planned mobilization requirements; or
``(2) the excess results directly from the operation of a
nondiscretionary provision of law.
``Sec. 12004. Strength in grade: reserve general and flag officers in
an active status
``(a) The authorized strengths of the Army, Air Force, and Marine
Corps in reserve general officers in an active status, and the
authorized strength of the Navy in reserve officers in the grades of
rear admiral (lower half) and rear admiral in an active-status, are as
follows:
``Army............................................... 207
``Air Force.......................................... 157
``Navy............................................... 48
``Marine Corps....................................... 10.
``(b) The following Army and Air Force reserve officers shall not
be counted for purposes of this section:
``(1) Those serving as adjutants general or assistant
adjutants general of a State.
``(2) Those serving in the National Guard Bureau.
``(3) Those counted under section 526 of this title.
``(c)(1) The authorized strength of the Navy under subsection (a)
is exclusive of officers counted under section 526 of this title. Of
the number authorized under subsection (a), 39 are distributed among
the line and the staff corps as follows:
``Line................................................... 28
``Medical Corps.......................................... 5
``Chaplain Corps......................................... 1
``Judge Advocate General's Corps......................... 1
``Dental Corps........................................... 2
``Nurse Corps............................................ 1
``Medical Service Corps.................................. 1
``(2) The remaining authorizations for the Navy under subsection
(a) shall be distributed among such other staff corps as are
established by the Secretary of the Navy under the authority provided
by section 5150(b) of this title, except that--
``(A) if the Secretary has established a Supply Corps, the
authorized strength for the Supply Corps shall be seven; and
``(B) if the Secretary has established a Civil Engineering
Corps, the authorized strength for the Civil Engineering Corps
shall be two.
``(3) Not more than 50 percent of the officers in an active status
authorized under this section for the Navy may serve in the grade of
rear admiral.
``(d) The authorized strength of the Marine Corps under subsection
(a) is exclusive of those counted under section 526 of this title.
``(e)(1) A reserve general officer of the Army or Air Force may not
be reduced in grade because of a reduction in the number of general
officers authorized under subsection (a).
``(2) An officer of the Naval Reserve or the Marine Corps Reserve
may not be reduced in permanent grade because of a reduction in the
number authorized by this section for his grade.
``Sec. 12005. Strength in grade: commissioned officers in grades below
brigadier general or rear admiral (lower half) in an
active status
``(a)(1) Subject to paragraph (2), the authorized strength of the
Army and the Air Force in reserve commissioned officers in an active
status in each grade named in paragraph (2) is as prescribed by the
Secretary of the Army or the Secretary of the Air Force, respectively.
A vacancy in any grade may be filled by an authorized appointment in
any lower grade.
``(2) A strength prescribed by the Secretary concerned under
paragraph (1) for a grade may not be higher than the percentage of the
strength authorized for the Army or the Air Force, as the case may be,
under section 12003 of this title that is specified for that grade as
follows:
------------------------------------------------------------------------
Air Force
Grade Army percentage percentage
------------------------------------------------------------------------
Colonel....................... 2 1.8
Lieutenant colonel............ 6 4.6
Major......................... 13 14.0
Captain....................... 35 32.0
First lieutenant and second 47.6
lieutenant (when combined
with the number authorized
for general officer grades
under section 12004 of this
title)....................... 44
------------------------------------------------------------------------
``(b)(1) The authorized strengths of the Naval Reserve in line
officers in an active status in the grades of captain, commander,
lieutenant commander, and lieutenant, and in the grades of lieutenant
(junior grade) and ensign combined, are the following percentages of
the total authorized number of those officers:
``Captain............................................ 1.5 percent
``Commander.......................................... 7 percent
``Lieutenant commander............................... 22 percent
``Lieutenant......................................... 37 percent
``Lieutenant (junior grade) and ensign (when combined 32.5 percent.
with the number authorized for flag officer grades
under section 12004 of this title).
``(2) When the actual number of line officers in an active status
in any grade is less than the number authorized by paragraph (1) for
that grade, the difference may be applied to increase the number
authorized by that paragraph for any lower grade or grades.
``(c)(1) The authorized strengths of the Marine Corps Reserve in
officers in an active status in the grades of colonel, lieutenant
colonel, major, and captain, and in the grades of first lieutenant and
second lieutenant combined, are the following percentages of the total
authorized number of those officers:
``Colonel............................................ 2 percent
``Lieutenant colonel................................. 6 percent
``Major.............................................. 12 percent
``Captain............................................ 35 percent
``First lieutenant and second lieutenant (when 32.5 percent.
combined with the number authorized for general
officer grades under section 12004 of this title).
``(2) When the actual number of officers in an active status in any
grade is less than the number authorized by paragraph (1) for that
grade, the difference may be applied to increase the number authorized
by that paragraph for any lower grade or grades.
``(d)(1) An officer of the Army or Air Force may not be reduced in
grade because of a reduction in the number of commissioned officers
authorized for the officer's grade under this section.
``(2) An officer of the Naval Reserve or the Marine Corps Reserve
may not be reduced in permanent grade because of a reduction in the
number authorized by this section for his grade.
``Sec. 12006. Strength limitations: authority to waive in time of war
or national emergency
``(a) In time of war, or of national emergency declared by Congress
or the President, the President may suspend the operation of any
provision of section 12003, 12004, or 12005 of this title. So long as
any such war or national emergency continues, any such suspension may
be extended by the President.
``(b) Any suspension under subsection (a) shall, if not sooner
ended, end on the last day of the two-year period beginning on the date
on which the suspension (or the last extension thereof) takes effect or
on the last day of the one-year period beginning on the date of the
termination of the war or national emergency, whichever occurs first.
With respect to the end of any such suspension, the preceding sentence
supersedes the provisions of title II of the National Emergencies Act
(50 U.S.C. 1621, 1622) which provide that powers or authorities
exercised by reason of a national emergency shall cease to be exercised
after the date of termination of the emergency.
``Sec. 12007. Reserve officers of the Army: distribution
``The Secretary of the Army shall distribute the number of reserve
commissioned officers, other than commissioned warrant officers,
authorized in each commissioned grade between those assigned to reserve
units organized to serve as units and those not assigned to such units.
The Secretary shall distribute the number who are assigned to reserve
units organized to serve as units among the units of each reserve
component by prescribing appropriate tables of organization and tables
of distribution. The Secretary shall distribute the number who are not
assigned to such units between--
``(1) each special branch; and
``(2) all other branches taken together.
``Sec. 12008. Army Reserve and Air Force Reserve: warrant officers
``The Secretary of the Army may prescribe the authorized strength
of the Army Reserve in warrant officers. The Secretary of the Air Force
may prescribe the authorized strength of the Air Force Reserve in
warrant officers.
``Sec. 12009. Army and Air Force reserve components: temporary
increases
``(a) The authorized strength in any reserve grade, as prescribed
under this chapter, for any reserve component under the jurisdiction of
the Secretary of the Army or the Secretary of the Air Force is
automatically increased to the minimum extent necessary to give effect
to each appointment made in that grade under section 1211(a), 3036,
14304(b), 14314, or 14317 of this title.
``(b) An authorized strength so increased is increased for no other
purpose. While an officer holds that grade, the officer whose
appointment caused the increase is counted for the purpose of
determining when other appointments, not under those sections, may be
made in that grade.
``Sec. 12010. Computations for Naval Reserve and Marine Corps Reserve:
rule when fraction occurs in final result
``When there is a fraction in the final result of any computation
under this chapter for the Naval Reserve or the Marine Corps Reserve, a
fraction of one-half or more is counted as one, and a fraction of less
than one-half is disregarded.
``Sec. 12012. Authorized strengths: senior enlisted members on active
duty or on full-time National Guard duty for
administration of the reserves or National Guard
``(a) The number of enlisted members in pay grades E-8 and E-9 who
may be on active duty (other than for training) or on full-time
National Guard duty under the authority of section 502(f) of title 32
(other than for training) as of the end of any fiscal year in
connection with organizing, administering, recruiting, instructing, or
training the reserve components or the National Guard may not exceed
the number for that grade and armed force in the following table:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................. 569 202 328 14
E-8................. 2,585 429 840 74
------------------------------------------------------------------------
``(b) Whenever the number of members serving in pay grade E-9 for
duty described in subsection (a) is less than the number authorized for
that grade under subsection (a), the difference between the two numbers
may be applied to increase the number authorized under such subsection
for pay grade E-8.''.
(2)(A) Section 524 is transferred to chapter 1201, as added by
paragraph (1), inserted after section 12010, and redesignated as
section 12011.
(B) The heading of that section is amended to read as follows:
``Sec. 12011. Authorized strengths: reserve officers on active duty or
on full-time National Guard duty for administration of
the reserves or the National Guard''.
(3) Chapter 531 and sections 3212, 3217 through 3225, 5454, 5456,
5457, 5458, 8212, and 8217 through 8225 are repealed.
(4) Section 517 is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as subsection (b) and
in that subsection striking out ``or whenever'' and all that
follows through ``under subsection (b),''.
(b) Enlistments.--(1) Part II of subtitle E, as added by subsection
(a), is amended by adding after chapter 1201 (as added by subsection
(a)), the following:
``CHAPTER 1203--ENLISTED MEMBERS
``Sec.
``12101. Definition.
``12102. Reserve components: qualifications.
``12103. Reserve components: terms.
``12104. Reserve components: transfers.
``12105. Army Reserve and Air Force Reserve: transfer from Guard
components.
``12106. Army and Air Force Reserve: transfer to upon withdrawal as
member of National Guard.
``12107. Army National Guard of United States; Air National Guard of
the United States: enlistment in.
``Sec. 12101. Definition
``In this chapter, the term `enlistment' means original enlistment
or reenlistment.
``Sec. 12105. Army Reserve and Air Force Reserve: transfer from Guard
components
``(a) Under such regulations as the Secretary concerned may
prescribe--
``(1) an enlisted member of the Army National Guard of the
United States may be transferred in grade to the Army Reserve;
and
``(2) an enlisted member of the Air National Guard of the
United States may be transferred in grade to the Air Force
Reserve.
``(b) Upon such a transfer, the member transferred is eligible for
promotion to the highest regular or reserve grade ever held by him in
the Army, if transferred under subsection (a)(1), or the Air Force, if
transferred under subsection (a)(2), if his service has been honorable.
``(c) A transfer under this section may only be made with the
consent of the governor or other appropriate authority of the State
concerned.
``Sec. 12106. Army and Air Force Reserve: transfer to upon withdrawal
as member of National Guard
``(a) An enlisted member of the Army National Guard of the United
States who ceases to be a member of the Army National Guard becomes a
member of the Army Reserve unless he is also discharged from his
enlistment as a Reserve.
``(b) An enlisted member of the Air National Guard of the United
States who ceases to be a member of the Air National Guard becomes a
member of the Air Force Reserve unless he is also discharged from his
enlistment as a Reserve.
``(c) An enlisted member who becomes a member of the Army Reserve
or the Air Force Reserve under this section ceases to be a member of
the Army National Guard of the United States or the Air National Guard
of the United States, as the case may be.
``Sec. 12107. Army National Guard of United States; Air National Guard
of the United States: enlistment in
``(a) Except as provided in subsection (c), to become an enlisted
member of the Army National Guard of the United States or the Air
National Guard of the United States, a person must--
``(1) be enlisted in the Army National Guard or the Air
National Guard, as the case may be;
``(2) subscribe to the oath set forth in section 304 of
title 32; and
``(3) be a member of a federally recognized unit or
organization of the Army National Guard or the Air National
Guard, as the case may be, in the grade in which he is to be
enlisted as a Reserve.
``(b)(1) Under regulations to be prescribed by the Secretary of the
Army, a person who enlists in the Army National Guard, or whose term of
enlistment in the Army National Guard is extended, shall be
concurrently enlisted, or his term of enlistment shall be concurrently
extended, as the case may be, as a Reserve of the Army for service in
the Army National Guard of the United States.
``(2) Under regulations to be prescribed by the Secretary of the
Air Force, a person who enlists in the Air National Guard, or whose
term of enlistment in the Air National Guard is extended, shall be
concurrently enlisted, or his term of enlistment shall be concurrently
extended, as the case may be, as a Reserve of the Air Force for service
in the Air National Guard of the United States.
``(c)(1) A member of the Army Reserve who enlists in the Army
National Guard in his reserve grade, and is a member of a federally
recognized unit or organization of the Army National Guard, becomes a
member of the Army National Guard of the United States and ceases to be
a member of the Army Reserve.
``(2) A member of the Air Force Reserve who enlists in the Air
National Guard in his reserve grade, and is a member of a federally
recognized unit or organization of the Air National Guard, becomes a
member of the Air National Guard of the United States and ceases to be
a member of the Air Force Reserve.''.
(2) Sections 510 (as amended by section 1331(a)), 511, and 512 are
transferred to chapter 1203, as added by paragraph (1), inserted after
section 12101, and redesignated as follows:
Redesignated
Section
section
510.......................................... 12102
511.......................................... 12103
512.......................................... 12104
(3) The following sections are repealed: sections 3259, 3260, 3261,
8259, 8260, and 8261.
(c) Appointment of Officers.--(1) Part II of subtitle E, as added
by subsection (a), is further amended by adding after chapter 1203 (as
added by subsection (b)) the following:
``CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
``Sec.
``12201. Qualifications for appointment.
``12202. Commissioned officer grades.
``12203. Commissioned officers: appointment, how made; term.
``12204. Commissioned officers: original appointment; limitation.
``12205. Commissioned officers: appointment; educational requirement.
``12206. Commissioned officers: appointment of former commissioned
officers.
``12207. Commissioned officers: service credit upon original
appointment.
``12208. Officers: appointment upon transfer.
``12209. Officer candidates: enlisted Reserves.
``12210. Attending Physician to the Congress: reserve grade while so
serving.
``12211. Officers: Army National Guard of United States.
``12212. Officers: Air National Guard of United States.
``12213. Officers; Army Reserve: transfer from Army National Guard of
United States.
``12214. Officers; Air Force Reserve: transfer from Air National Guard
of United States.
``12215. Commissioned officers: reserve grade of adjutants general and
assistant adjutants general.
``Sec. 12215. Commissioned officers: reserve grade of adjutants general
and assistant adjutants general
``(a) The adjutant general or an assistant adjutant general of the
Army National Guard of a State may, upon being extended Federal
recognition, be appointed as a reserve officer of the Army as of the
date on which he is so recognized.
``(b) The adjutant general or an assistant adjutant general of the
Air National Guard of a State may be appointed in the reserve
commissioned grade in which Federal recognition in the Air National
Guard is extended to him.''.
(2) Sections 591 (as amended by section 1331(b)), 592, 593 (as
amended by section 1332), 594, 596, 596a (as added by section 1333),
596b (as added by section 1334), and 595 are transferred (in that
order) to chapter 1205, as added by paragraph (1), inserted after the
table of sections, and redesignated as follows:
Redesignated
Section
section
591.......................................... 12201
592.......................................... 12202
593.......................................... 12203
594.......................................... 12204
596.......................................... 12205
596a (as added by section 1333).............. 12206
596b (as added by section 1334).............. 12207
595.......................................... 12208
(3) Sections 600, 600a, 3351, 8351, 3352 (as amended by section
1336(a)), and 8352 are transferred (in that order) to chapter 1205, as
added by paragraph (1), inserted after section 12208, and redesignated
as follows:
Redesignated
Section
section
600.......................................... 12209
600a......................................... 12210
3351......................................... 12211
8351......................................... 12212
3352......................................... 12213
8352......................................... 12214
(d) Warrant Officers.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter 1205 (as
added by subsection (c)) the following:
``CHAPTER 1207--WARRANT OFFICERS
``Sec.
``12241. Warrant officers: grades; appointment, how made; term.
``12242. Warrant officers: promotion.
``12243. Warrant officers: suspension of laws for promotions or
mandatory retirement or separation during
war or emergency.''.
(2) Sections 597, 598, and 599 are transferred to chapter 1207, as
added by paragraph (1), inserted after the table of sections, and
redesignated as follows:
Redesignated
Section
section
597.......................................... 12241
598.......................................... 12242
599.......................................... 12243
(3) Chapter 34 is amended to read as follows:
``CHAPTER 34--APPOINTMENTS AS RESERVE OFFICERS
``Sec.
``591. Reference to chapters 1205 and 1207.
``Sec. 591. Reference to chapters 1205 and 1207
``Provisions of law relating to appointments of reserve officers
other than warrant officers are set forth in chapter 1205 of this title
(beginning with section 12201). Provisions of law relating to
appointments and promotion of reserve warrant officers are set forth in
chapter 1207 (beginning with section 12241).''.
(e) Active Duty.--(1) Part II of subtitle E, as added by subsection
(a), is further amended by adding after chapter 1207 (as added by
subsection (d)) the following:
``CHAPTER 1209--ACTIVE DUTY
``Sec.
``12301. Reserve components generally.
``12302. Ready Reserve.
``12303. Ready Reserve: members not assigned to, or participating
satisfactorily in, units.
``12304. Selected Reserve: order to active duty other than during war
or national emergency.
``12305. Authority of President to suspend certain laws relating to
promotion, retirement, and separation.
``12306. Standby Reserve.
``12307. Retired Reserve.
``12308. Retention on active duty after becoming qualified for retired
pay.
``12309. Reserve officers: use of in expansion of armed forces.
``12310. Reserves: for organizing, administering, etc., reserve
components.
``12311. Active duty agreements.
``12312. Active duty agreements: release from duty.
``12313. Reserves: release from active duty.
``12314. Reserves: kinds of duty.
``12315. Reserves: duty with or without pay.
``12316. Payment of certain Reserves while on duty.
``12317. Reserves: theological students; limitations.
``12318. Reserves on active duty: duties; funding.
``12319. Ready Reserve: muster duty.
``12320. Reserve officers: grade in which ordered to active duty.
``12321. Reserve Officer Training Corps units: limitation on number of
Reserves assigned.''.
(2) Sections 672 through 687, section 689 (as amended by section
1324), and section 690 are transferred to chapter 1209, as added by
paragraph (1), inserted after the table of sections, and redesignated
as follows:
Redesignated
Section
section
672.......................................... 12301
673.......................................... 12302
673a......................................... 12303
673b......................................... 12304
673c......................................... 12305
674.......................................... 12306
675.......................................... 12307
676.......................................... 12308
677.......................................... 12309
678.......................................... 12310
679.......................................... 12311
680.......................................... 12312
681.......................................... 12313
682.......................................... 12314
683.......................................... 12315
684.......................................... 12316
685.......................................... 12317
686.......................................... 12318
687.......................................... 12319
689.......................................... 12320
690.......................................... 12321
(3) The heading of section 12321 (as so redesignated) is amended to
read as follows:
``Sec. 12321. Reserve Officer Training Corps units: limitation on
number of Reserves assigned''.
(4) Chapter 39 is amended by inserting after section 671b the
following:
``Sec. 672. Reference to chapter 1209
``Provisions of law relating to service of members of reserve
components on active duty are set forth in chapter 1209 of this title
(beginning with section 12301).''.
(f) National Guard Members in Federal Service.--(1) Part II of
subtitle E, as added by subsection (a), is further amended by adding
after chapter 1209 (as added by subsection (e)) the following:
``CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
``Sec.
``12401. Army and Air National Guard of United States: status.
``12402. Army and Air National Guard of United States: commissioned
officers; duty in National Guard Bureau.
``12403. Army and Air National Guard of United States: members; status
in which ordered into Federal service.
``12404. Army and Air National Guard of United States: mobilization;
maintenance of organization.
``12405. National Guard in Federal service: status.
``12406. National Guard in Federal service: call.
``12407. National Guard in Federal service: period of service;
apportionment.
``12408. National Guard in Federal service: physical examination.
``Sec. 12401. Army and Air National Guard of the United States: status
``Members of the Army National Guard of the United States and the
Air National Guard of the United States are not in active Federal
service except when ordered thereto under law.
``Sec. 12402. Army and Air National Guard of United States:
commissioned officers; duty in National Guard Bureau
``(a) The President may, with their consent, order commissioned
officers of the Army National Guard of the United States and the Air
National Guard of the United States to active duty in the National
Guard Bureau.
``(b)(1) The number of officers of the Army National Guard of the
United States in grades below brigadier general who are ordered to
active duty in the National Guard Bureau may not be more than 40
percent of the number of officers of the Army authorized for duty in
that Bureau and, to the extent practicable, shall not exceed 40 percent
of the number of officers of the Army serving in that Bureau in any
grade below brigadier general.
``(2) The number of officers of the Air National Guard of the
United States in grades below brigadier general who are ordered to
active duty in the National Guard Bureau may not be more than 40
percent of the number of officers of the Air Force authorized for duty
in that Bureau and, to the extent practicable, shall not exceed 40
percent of the number of officers of the Air Force serving in that
Bureau in any grade below brigadier general.
``Sec. 12403. Army and Air National Guard of United States: members;
status in which ordered into Federal service
``Members of the Army National Guard of the United States ordered
to active duty shall be ordered to duty as Reserves of the Army.
Members of the Air National Guard of the United States ordered to
active duty shall be ordered to duty as Reserves of the Air Force.
``Sec. 12404. Army and Air National Guard of United States:
mobilization; maintenance of organization
``During an initial mobilization, the organization of a unit of the
Army National Guard of the United States or of the Air National Guard
of the United States ordered into active Federal service shall, so far
as practicable, be maintained as it existed on the date of the order to
duty.
``Sec. 12405. National Guard in Federal service: status
``Members of the National Guard called into Federal service are,
from the time when they are required to respond to the call, subject to
the laws and regulations governing the Army or the Air Force, as the
case may be, except those applicable only to members of the Regular
Army or Regular Air Force, as the case may be.
``Sec. 12406. National Guard in Federal service: call
``Whenever--
``(1) the United States, or any of the Territories,
Commonwealths, or possessions, is invaded or is in danger of
invasion by a foreign nation;
``(2) there is a rebellion or danger of a rebellion against
the authority of the Government of the United States; or
``(3) the President is unable with the regular forces to
execute the laws of the United States;
the President may call into Federal service members and units of the
National Guard of any State in such numbers as he considers necessary
to repel the invasion, suppress the rebellion, or execute those laws.
Orders for these purposes shall be issued through the governors of the
States or, in the case of the District of Columbia, through the
commanding general of the National Guard of the District of Columbia.
``Sec. 12407. National Guard in Federal service: period of service;
apportionment
``(a) Whenever the President calls the National Guard of a State
into Federal service, he may specify in the call the period of the
service. Members and units called shall serve inside or outside the
territory of the United States during the term specified, unless sooner
relieved by the President. However, no member of the National Guard may
be kept in Federal service beyond the term of his commission or
enlistment.
``(b) When the National Guard of a State is called into Federal
service with the National Guard of another of those jurisdictions, the
President may apportion the total number called from the Army National
Guard or from the Air National Guard, as the case may be, on the basis
of the populations of the jurisdictions affected by the call.
``Sec. 12408. National Guard in Federal service: physical examination
``(a) Under regulations prescribed by the President, each member of
the National Guard called into Federal service shall be examined as to
physical fitness, without further commission or enlistment.
``(b) Immediately before such a member is mustered out of Federal
service, he shall be examined as to physical fitness. The record of
this examination shall be retained by the United States.''.
(2) Sections 3495 through 3502 and 8495 through 8502 are repealed.
(g) Miscellaneous Provisions.--(1) Part II of subtitle E, as added
by subsection (a), is further amended by adding after chapter 1211 (as
added by subsection (f)) the following:
``CHAPTER 1213--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
``Sec.
``12501. Reserve components: detail of members of regular and reserve
components to assist.
``12502. Chief and assistant chief of staff of National Guard divisions
and wings in Federal service: detail.
``Sec. 12501. Reserve components: detail of members of regular and
reserve components to assist
``The Secretary concerned shall detail such members of the regular
and reserve components under his jurisdiction as are necessary to
effectively develop, train, instruct, and administer those reserve
components.
``Sec. 12502. Chief and assistant chief of staff of National Guard
divisions and wings in Federal service: detail
``(a) The President may detail a regular or reserve officer of the
Army as chief of staff, and a regular or reserve officer or an officer
of the Army National Guard as assistant to the chief of staff, of any
division of the Army National Guard that is in Federal service as an
Army National Guard organization.
``(b) The President may detail a regular or reserve officer of the
Air Force as chief of staff, and a regular or reserve officer or an
officer of the Air National Guard as assistant to the chief of staff,
of any wing of the Air National Guard that is in Federal service as an
Air National Guard organization.
``CHAPTER 1215--MISCELLANEOUS PROHIBITIONS AND PENALTIES
``[No present sections]
``CHAPTER 1217--MISCELLANEOUS RIGHTS AND BENEFITS
``Sec.
``12601. Compensation: Reserve on active duty accepting from any
person.
``12602. Members of Army National Guard of United States and Air
National Guard of United States: credit for
service as members of National Guard.
``Sec. 12601. Compensation: Reserve on active duty accepting from any
person
``Any Reserve who, before being ordered to active duty, was
receiving compensation from any person may, while he is on that duty,
receive compensation from that person.
``Sec. 12602. Members of Army National Guard of United States and Air
National Guard of United States: credit for service as
members of National Guard
``(a) For the purposes of laws providing benefits for members of
the Army National Guard of the United States and their dependents and
beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Army National Guard of the United States in
his status as a member of the Army National Guard for which he
is entitled to pay from the United States shall be considered
military training, duty, or other service, as the case may be,
in Federal service as a Reserve of the Army;
``(2) full-time National Guard duty performed by a member
of the Army National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Army; and
``(3) inactive-duty training performed by a member of the
Army National Guard of the United States in his status as a
member of the Army National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Army.
``(b) For the purposes of laws providing benefits for members of
the Air National Guard of the United States and their dependents and
beneficiaries--
``(1) military training, duty, or other service performed
by a member of the Air National Guard of the United States in
his status as a member of the Air National Guard for which he
is entitled to pay from the United States shall be considered
military training, duty, or other service, as the case may be,
in Federal service as a Reserve of the Air Force;
``(2) full-time National Guard duty performed by a member
of the Air National Guard of the United States shall be
considered active duty in Federal service as a Reserve of the
Air Force; and
``(3) inactive-duty training performed by a member of the
Air National Guard of the United States in his status as a
member of the Air National Guard, in accordance with
regulations prescribed under section 502 of title 32 or other
express provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the Air Force.''.
(2) Sections 715, 1033, 3542, 3686, 8542, and 8686 are repealed.
(h) Standards and Procedures for Retention and Promotion.--(1) Part
II of subtitle E, as added by subsection (a), is further amended by
adding after chapter 1217 (as added by subsection (g)) the following:
``CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
``Sec.
``12641. Standards and procedures: Secretary to prescribe.
``12642. Standards and qualifications: result of failure to comply
with.
``12643. Boards for appointment, promotion, and certain other purposes:
composition.
``12644. Members physically not qualified for active duty: discharge or
transfer to retired status.
``12645. Commissioned officers: retention until completion of required
service.
``12646. Commissioned officers: retention of after completing 18 or
more, but less than 20, years of service.
``12647. Commissioned officers: retention in active status while
assigned to Selective Service System or
serving as United States property and
fiscal officers.''.
(2) Sections 1001, 1002, 266, 1004 (as amended by section
1361(b)(4)), and 1005 through 1007 are transferred (in that order) to
chapter 1219, as added by paragraph (1), inserted after the table of
sections, and redesignated as follows:
Redesignated
Section
section
1001......................................... 12641
1002......................................... 12642
266.......................................... 12643
1004......................................... 12644
1005......................................... 12645
1006......................................... 12646
1007......................................... 12647
(3) Section 1003 is repealed.
(4)(A) The heading of section 12641 (as so redesignated) is amended
to read as follows:
``Sec. 12641. Standards and procedures: Secretary to prescribe''.
(B) The heading of section 12644 (as so redesignated) is amended to
read as follows:
``Sec. 12644. Members physically not qualified for active duty:
discharge or transfer to retired status''.
(5) Chapter 51 is amended by striking out the table of sections at
the beginning and inserting in lieu thereof the following:
``Sec.
``1001. Reference to chapter 1219.
``Sec. 1001. Reference to chapter 1219
``Provisions of law relating to standards and procedures for
retention and promotion of members of reserve components are set forth
in chapter 1219 of this title (beginning with section 12641).''.
(i) Separation.--(1) Part II of subtitle E, as added by subsection
(a), is further amended by adding after chapter 1219 (as added by
subsection (h)) the following:
``CHAPTER 1221--SEPARATION
``Sec.
``12681. Reserves: discharge authority.
``12682. Reserves: discharge upon becoming ordained minister of
religion.
``12683. Reserve officers: limitation on involuntary separation.
``12684. Reserves: separation for absence without authority or sentence
to imprisonment.
``12685. Reserves separated for cause: character of discharge.
``12686. Reserves on active duty within two years of retirement
eligibility: limitation on release from
active duty.
``Sec. 12681. Reserves: discharge authority
``Subject to other provisions of this title, reserve commissioned
officers may be discharged at the pleasure of the President. Other
Reserves may be discharged under regulations prescribed by the
Secretary concerned.
``Sec. 12682. Reserves: discharge upon becoming ordained minister of
religion
``Under regulations to be prescribed by the Secretary of Defense, a
Reserve who becomes a regular or ordained minister of religion is
entitled upon his request to a discharge from his reserve enlistment or
appointment.
``Sec. 12683. Reserve officers: limitation on involuntary separation
``(a) An officer of a reserve component who has at least five years
of service as a commissioned officer may not be separated from that
component without his consent except--
``(1) under an approved recommendation of a board of
officers convened by an authority designated by the Secretary
concerned; or
``(2) by the approved sentence of a court- martial.
``(b) Subsection (a) does not apply--
``(1) to a separation under section 12684, 14901, or 14907
of this title;
``(2) to a dismissal under section 1161(a) of this title;
or
``(3) to a transfer under section 12213, 12214, 14514, or
14515 of this title.
``Sec. 12684. Reserves: separation for absence without authority or
sentence to imprisonment
``The President or the Secretary concerned may drop from the rolls
of the armed force concerned any Reserve--
``(1) who has been absent without authority for at least
three months; or
``(2) who is sentenced to confinement in a Federal or State
penitentiary or correctional institution after having been
found guilty of an offense by a court other than a court-
martial or other military court, and whose sentence has become
final.
``Sec. 12685. Reserves separated for cause: character of discharge
``A member of a reserve component who is separated for cause,
except under section 12684 of this title, is entitled to a discharge
under honorable conditions unless--
``(1) the member is discharged under conditions other than
honorable under an approved sentence of a court-martial or
under the approved findings of a board of officers convened by
an authority designated by the Secretary concerned; or
``(2) the member consents to a discharge under conditions
other than honorable with a waiver of proceedings of a court-
martial or a board.
``Sec. 12686. Reserves on active duty within two years of retirement
eligibility: limitation on release from active duty
``Under regulations to be prescribed by the Secretary concerned,
which shall be as uniform as practicable, a member of a reserve
component who is on active duty (other than for training) and is within
two years of becoming eligible for retired pay or retainer pay under a
purely military retirement system, may not be involuntarily released
from that duty before he becomes eligible for that pay, unless the
release is approved by the Secretary.''.
(2) Sections 1162 and 1163 are repealed.
(j) Retired Pay.--(1) Chapter 67 is transferred to part II of
subtitle E, as added by subsection (a), inserted after chapter 1221 (as
added by subsection (i)), and amended to read as follows:
``CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
``Sec.
``12731. Age and service requirements.
``12731a. Temporary special retirement qualification authority.
``12732. Entitlement to retired pay: computation of years of service.
``12733. Computation of retired pay: computation of years of service.
``12734. Time not creditable toward years of service.
``12735. Inactive status list.
``12736. Service credited for retired pay benefits not excluded for
other benefits.
``12737. Limitation on active duty.
``12738. Limitations on revocation of retired pay.
``12739. Computation of retired pay.
``Sec. 12731. Age and service requirements
``(a) Except as provided in subsection (c), a person is entitled,
upon application, to retired pay computed under section 12739 of this
title, if the person--
``(1) is at least 60 years of age;
``(2) has performed at least 20 years of service computed
under section 12732 of this title;
``(3) performed the last eight years of qualifying service
while a member of any category named in section 12732(a)(1) of
this title, but not while a member of a regular component, the
Fleet Reserve, or the Fleet Marine Corps Reserve; and
``(4) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member of
the Fleet Reserve or the Fleet Marine Corps Reserve.
``(b) Application for retired pay under this section must be made
to the Secretary of the military department, or the Secretary of
Transportation, as the case may be, having jurisdiction at the time of
application over the armed force in which the applicant is serving or
last served.
``(c)(1) A person who, before August 16, 1945, was a Reserve of an
armed force, or a member of the Army without component or other
category covered by section 12732(a)(1) of this title except a regular
component, is not eligible for retired pay under this chapter unless--
``(A) the person performed active duty during World War I
or World War II; or
``(B) the person performed active duty (other than for
training) during the Korean conflict, the Berlin crisis, or the
Vietnam era.
``(2) In this subsection:
``(A) The term `World War I' means the period beginning on
April 6, 1917, and ending on November 11, 1918.
``(B) The term `World War II' means the period beginning on
September 9, 1940, and ending on December 31, 1946.
``(C) The term `Korean conflict' means the period beginning
on June 27, 1950, and ending on July 27, 1953.
``(D) The term `Berlin crisis' means the period beginning
on August 14, 1961, and ending on May 30, 1963.
``(E) The term `Vietnam era' means the period beginning on
August 5, 1964, and ending on March 27, 1973.
``(d) The Secretary concerned shall notify each person who has
completed the years of service required for eligibility for retired pay
under this chapter. The notice shall be sent, in writing, to the person
concerned within one year after the person completes that service. The
notice shall include notice of the elections available to such person
under the Survivor Benefit Plan established under subchapter II of
chapter 73 of this title and the Supplemental Survivor Benefit Plan
established under subchapter III of that chapter, and the effects of
such elections.
``(e) Notwithstanding section 8301 of title 5, the date of
entitlement to retired pay under this section shall be the date on
which the requirements of subsection (a) have been completed.
``Sec. 12731a. Temporary special retirement qualification authority
``(a) Retirement With At Least 15 Years of Service.--For the
purposes of section 12731 of this title, the Secretary concerned may--
``(1) during the period described in subsection (b),
determine to treat a member of the Selected Reserve of a
reserve component of the armed force under the jurisdiction of
that Secretary as having met the service requirements of
subsection (a)(2) of that section and provide the member with
the notification required by subsection (d) of that section if
the member--
``(A) as of October 1, 1991, has completed at least
15, and less than 20, years of service computed under
section 12732 of this title; or
``(B) after that date and before October 1, 1999,
completes 15 years of service computed under that
section; and
``(2) upon the request of the member submitted to the
Secretary, transfer the member to the Retired Reserve.
``(b) Period of Authority.--The period referred to in subsection
(a)(1) is the period beginning on October 23, 1992, and ending on
October 1, 1999.
``(c) Applicability Subject to Needs of the Service.--(1) The
Secretary concerned may limit the applicability of subsection (a) to
any category of personnel defined by the Secretary in order to meet a
need of the armed force under the jurisdiction of the Secretary to
reduce the number of members in certain grades, the number of members
who have completed a certain number of years of service, or the number
of members who possess certain military skills or are serving in
designated competitive categories.
``(2) A limitation under paragraph (1) shall be consistent with the
purpose set forth in section 4414(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2713).
``(d) Exclusion.--This section does not apply to persons referred
to in section 12731(c) of this title.
``(e) Regulations.--The authority provided in this section shall be
subject to regulations prescribed by the Secretary of Defense and by
the Secretary of Transportation with respect to the Coast Guard.
``Sec. 12732. Entitlement to retired pay: computation of years of
service
``(a) Except as provided in subsection (b), for the purpose of
determining whether a person is entitled to retired pay under section
12731 of this title, the person's years of service are computed by
adding the following:
``(1) The person's years of service, before July 1, 1949,
in the following:
``(A) The armed forces.
``(B) The federally recognized National Guard
before June 15, 1933.
``(C) A federally recognized status in the National
Guard before June 15, 1933.
``(D) The National Guard after June 14, 1933, if
his service therein was continuous from the date of his
enlistment in the National Guard, or his Federal
recognition as an officer therein, to the date of his
enlistment or appointment, as the case may be, in the
National Guard of the United States, the Army National
Guard of the United States, or the Air National Guard
of the United States.
``(E) The Naval Reserve Force.
``(F) The Naval Militia that conformed to the
standards prescribed by the Secretary of the Navy.
``(G) The National Naval Volunteers.
``(H) The Army Nurse Corps, the Navy Nurse Corps,
the Nurse Corps Reserve of the Army, or the Nurse Corps
Reserve of the Navy, as it existed at any time after
February 2, 1901.
``(I) The Army under an appointment under the Act
of December 22, 1942 (ch. 805, 56 Stat. 1072).
``(J) An active full-time status, except as a
student or apprentice, with the Medical Department of
the Army as a civilian employee--
``(i) in the dietetic or physical therapy
categories, if the service was performed after
April 6, 1917, and before April 1, 1943; or
``(ii) in the occupational therapy
category, if the service was performed before
appointment in the Army Nurse Corps or the
Women's Medical Specialist Corps and before
January 1, 1949, or before appointment in the
Air Force before January 1, 1949, with a view
to designation as an Air Force nurse or medical
specialist.
``(2) Each one-year period, after July 1, 1949, in which
the person has been credited with at least 50 points on the
following basis:
``(A) One point for each day of--
``(i) active service; or
``(ii) full-time service under sections
316, 502, 503, 504, and 505 of title 32 while
performing annual training duty or while
attending a prescribed course of instruction at
a school designated as a service school by law
or by the Secretary concerned;
if that service conformed to required standards and
qualifications.
``(B) One point for each attendance at a drill or
period of equivalent instruction that was prescribed
for that year by the Secretary concerned and conformed
to the requirements prescribed by law, including
attendance under section 502 of title 32.
``(C) Points at the rate of 15 a year for
membership--
``(i) in a reserve component of an armed
force,
``(ii) in the Army or the Air Force without
component, or
``(iii) in any other category covered by
subsection (a)(1) except a regular component.
For the purpose of clauses (A), (B), and (C), service in the
National Guard shall be treated as if it were service in a
reserve component, if the person concerned was later appointed
in the National Guard of the United States, the Army National
Guard of the United States, the Air National Guard of the
United States, or as a Reserve of the Army or the Air Force,
and served continuously in the National Guard from the date of
his Federal recognition to the date of that appointment.
``(3) The person's years of active service in the
Commissioned Corps of the Public Health Service.
``(4) The person's years of active commissioned service in
the National Oceanic and Atmospheric Administration (including
active commissioned service in the Environmental Science
Services Administration and in the Coast and Geodetic Survey).
``(b) The following service may not be counted under subsection
(a):
``(1) Service (other than active service) in an inactive
section of the Organized Reserve Corps or of the Army Reserve,
or in an inactive section of the officers' section of the Air
Force Reserve.
``(2) Service (other than active service) after June 30,
1949, while on the Honorary Retired List of the Naval Reserve
or of the Marine Corps Reserve.
``(3) Service in the inactive National Guard.
``(4) Service in a non-federally recognized status in the
National Guard.
``(5) Service in the Fleet Reserve or the Fleet Marine
Corps Reserve.
``(6) Service as an inactive Reserve nurse of the Army
Nurse Corps established by the Act of February 2, 1901 (ch.
192, 31 Stat. 753), as amended, and service before July 1,
1938, as an inactive Reserve nurse of the Navy Nurse Corps
established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146).
``(7) Service in any status other than that as commissioned
officer, warrant officer, nurse, flight officer, aviation
midshipman, appointed aviation cadet, or enlisted member, and
that described in clauses (I) and (J) of subsection (a)(1).
``Sec. 12733. Computation of retired pay: computation of years of
service
``For the purpose of computing the retired pay of a person under
this chapter, the person's years of service and any fraction of such a
year are computed by dividing 360 into the sum of the following:
``(1) The person's days of active service.
``(2) The person's days of full-time service under sections
316, 502, 503, 504, and 505 of title 32 while performing annual
training duty or while attending a prescribed course of
instruction at a school designated as a service school by law
or by the Secretary concerned.
``(3) One day for each point credited to the person under
clause (B) or (C) of section 12732(a)(2) of this title, but not
more than 60 days in any one year.
``(4) 50 days for each year before July 1, 1949, and
proportionately for each fraction of a year, of service (other
than active service) in a reserve component of an armed force,
in the Army or the Air Force without component, or in any other
category covered by section 12732(a)(1) of this title, except a
regular component.
``Sec. 12734. Time not creditable toward years of service
``(a) Service in an inactive status may not be counted in any
computation of years of service under this chapter.
``(b) Time spent after retirement (without pay) for failure to
conform to standards and qualifications prescribed under section 12641
of this title may not be credited in a computation of years of service
under this chapter.
``Sec. 12735. Inactive status list
``(a) A member who would be eligible for retired pay under this
chapter but for the fact that that member is under 60 years of age may
be transferred, at his request and by direction of the Secretary
concerned, to such inactive status list as may be established for
members of his armed force, other than members of a regular component.
``(b) While on an inactive status list under subsection (a), a
member is not required to participate in any training or other program
prescribed for his component.
``(c) The Secretary may at any time recall to active status a
member who is on an inactive status list under subsection (a).
``Sec. 12736. Service credited for retired pay benefits not excluded
for other benefits
``No period of service included wholly or partly in determining a
person's right to, or the amount of, retired pay under this chapter may
be excluded in determining his eligibility for any annuity, pension, or
old-age benefit, under any other law, on account of civilian employment
by the United States or otherwise, or in determining the amount payable
under that law, if that service is otherwise properly credited under
it.
``Sec. 12737. Limitation on active duty
``A member of the armed forces may not be ordered to active duty
solely for the purpose of qualifying the member for retired pay under
this chapter.
``Sec. 12738. Limitations on revocation of retired pay
``(a) After a person is granted retired pay under this chapter, or
is notified in accordance with section 12731(d) of this title that the
person has completed the years of service required for eligibility for
retired pay under this chapter, the person's eligibility for retired
pay may not be denied or revoked on the basis of any error,
miscalculation, misinformation, or administrative determination of
years of service performed as required by section 12731(a)(2) of this
title, unless it resulted directly from the fraud or misrepresentation
of the person.
``(b) The number of years of creditable service upon which retired
pay is computed may be adjusted to correct any error, miscalculation,
misinformation, or administrative determination and when such a
correction is made the person is entitled to retired pay in accordance
with the number of years of creditable service, as corrected, from the
date the person is granted retired pay.
``Sec. 12739. Computation of retired pay
``(a) The monthly retired pay of a person entitled to that pay
under this chapter is the product of--
``(1) the retired pay base for that person as computed
under section 1406(b)(2) or 1407 of this title; and
``(2) 2\1/2\ percent of the years of service credited to
that person under section 12733 of this title.
``(b) The amount computed under subsection (a) may not exceed 75
percent of the retired pay base upon which the computation is based.
``(c) Amounts computed under this section, if not a multiple of $1,
shall be rounded down to the next lower multiple of $1.''.
(2) Section 1401(a) is amended by striking out formula number 3 in
the table set forth in that section.
(3) Section 1405(a)(3) is amended by striking out ``section 1333''
and ``section 1331'' and inserting in lieu thereof ``section 12733''
and ``section 12731'', respectively.
(4) Section 1406(b) is amended--
(A) by striking out the matter preceding the table and
inserting in lieu thereof the following:
``(b) Retirement Under Subtitle A or E.--
``(1) Disability, warrant officer, and dopma retirement.--
In the case of a person whose retired pay is computed under
this subtitle, the retired pay base is determined in accordance
with the following table.'';
(B) in the table--
(i) by striking out the entry relating to section
1331 (including the matter relating to that entry in
the column under the heading ``The retired pay base
is:''); and
(ii) by redesignating the references to footnotes 3
and 4 so as to refer to footnotes 2 and 3,
respectively;
(C) by striking out footnote 2 to the table and
redesignating footnotes 3 and 4 as footnotes 2 and 3,
respectively; and
(D) by adding at the end the following:
``(2) Non-regular service retirement.--In the case of a
person who is entitled to retired pay under section 12731 of
this title, the retired pay base is the monthly basic pay,
determined at the rates applicable on the date when retired pay
is granted, of the highest grade held satisfactorily by the
person at any time in the armed forces. For purposes of the
preceding sentence, the highest grade in which a person served
satisfactorily as an officer shall be determined in accordance
with section 1370(d) of this title.''.
(5) Section 1407 is amended--
(A) in subsection (c)(2)(B), by striking out ``chapter 67''
and inserting in lieu thereof ``chapter 1223''; and
(B) in subsection (f)(2)--
(i) by striking out ``Chapter 67'' in the heading
and inserting in lieu thereof ``Chapter 1223''; and
(ii) by striking out ``section 1331'' and inserting
in lieu thereof ``section 12731''.
(6) Section 1409(a)(1)(B) is amended by striking out ``chapter 67''
and inserting in lieu thereof ``chapter 1223''.
(7) Part II of subtitle A is amended by inserting after chapter 65
the following:
``CHAPTER 67--RETIRED PAY FOR NONREGULAR SERVICE
``Sec.
``1331. Reference to chapter 1223.
``Sec. 1331. Reference to chapter 1223
``Provisions of law relating to retired pay for nonregular service
are set forth in chapter 1223 of this title (beginning with section
12731).''.
(8) Section 6034 is repealed.
(k) Retired Grade.--(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter 1223 (as
added by subsection (j)) the following:
``CHAPTER 1225--RETIRED GRADE
``Sec.
``12771. Reserve officers: grade on transfer to Retired Reserve.
``12772. Reserve commissioned officers who have served as Attending
Physician to the Congress: grade on
transfer to Retired Reserve.
``12773. Limitation on accrual of increased pay or benefits.
``12774. Retired lists.
``Sec. 12771. Reserve officers: grade on transfer to Retired Reserve
``Unless entitled to a higher grade under another provision of law,
a reserve commissioned officer, other than a commissioned warrant
officer, who is transferred to the Retired Reserve is entitled to be
placed on the retired list established by section 12774(a) of this
title in the highest grade in which he served satisfactorily, as
determined by the Secretary concerned and in accordance with section
1370(d), in the armed force in which he is serving on the date of
transfer.
``Sec. 12772. Reserve commissioned officers who have served as
Attending Physician to the Congress: grade on transfer to
Retired Reserve
``Unless entitled to a higher grade under another provision of law,
a reserve commissioned officer who is transferred to the Retired
Reserve after having served in the position of Attending Physician to
the Congress is entitled to be placed on the retired list established
by section 12774(a) of this title in the grade held by the officer
while serving in that position.
``Sec. 12773. Limitation on accrual of increased pay or benefits
``Unless otherwise provided by law, no person is entitled to
increased pay or other benefits because of sections 12771 and 12772 of
this title.
``Sec. 12774. Retired lists
``(a) Under regulations prescribed by the Secretary concerned,
there shall be maintained retired lists containing the names of the
Reserves of the armed forces under the Secretary's jurisdiction who are
in the Retired Reserve.
``(b) The Secretary of the Navy shall maintain a United States
Naval Reserve Retired List containing the names of members of the Naval
Reserve and the Marine Corps Reserve entitled to retired pay.''.
(2) Sections 1374 and 6017 are repealed.
(3)(A) Section 1376 is amended--
(i) by striking out subsection (a); and
(ii) by striking out ``(b)'' before ``The Secretary
concerned''.
(B) The heading of that section is amended to read as follows:
``Sec. 1376. Temporary disability retired lists''.
SEC. 1363. LAWS RELATING TO RESERVE COMPONENT TRAINING AND EDUCATIONAL
ASSISTANCE PROGRAMS.
(a) Training Generally.--Subtitle E, as added by section 1311, is
amended by adding after part III of such subtitle (as added by that
section) the following:
``PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
``Chap. Sec.
``1601. Training Generally........................... [No present
sections]
``1606. Educational Assistance for Members of the Selected 16131
Reserve.
``1608. Health Professions Stipend Program.................. 16201
``1609. Education Loan Repayments........................... 16301
``CHAPTER 1601--TRAINING GENERALLY
``[No present sections]''.
(b) Montgomery GI Bill for Selected Reserve.--(1) Part IV of
subtitle E (as added by subsection (a)) is amended by adding at the end
the following:
``CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
RESERVE
``Sec.
``16131. Educational assistance program: establishment; amount.
``16132. Eligibility for educational assistance.
``16133. Time limitations for use of entitlement.
``16134. Termination of assistance.
``16135. Failure to participate satisfactorily; penalties.
``16136. Administration of program.
``16137. Reports to Congress.''.
(2) Sections 2131 through 2137 are transferred to chapter 1606, as
added by paragraph (1), inserted after the table of sections, and
redesignated as follows:
Redesignated
Section
section
2131......................................... 16131
2132......................................... 16132
2133......................................... 16133
2134......................................... 16134
2135......................................... 16135
2136......................................... 16136
2137......................................... 16137
(3) Section 16131 (as so redesignated) is amended--
(A) in subsection (c)(3)(B)(i), by striking out ``section
672 (a), (d), or (g), 673, or 673b'' and inserting in lieu
thereof ``section 12301(a), 12301(d), 12301(g), 12302, or
12304''; and
(B) in subsection (g)(1), by striking out ``section
2136(c)'' and inserting in lieu thereof ``section 16136(c)''.
(4) Section 16132 (as so redesignated) is amended--
(A) in subsection (a), by striking out ``section 2131'' and
inserting in lieu thereof ``section 16131''; and
(B) in subsection (c), by striking out ``sections 2134 and
2135'' and inserting in lieu thereof ``section 16134 and
16135''.
(5) Section 16133 (as so redesignated) is amended--
(A) in subsection (b)(1)(B), by striking out ``section
268(b)'' and inserting in lieu thereof ``section 10143(a)'';
and
(B) in subsection (b)(4)(A), by striking out ``section 672
(a), (d), or (g), 673, or 673b'' and inserting in lieu thereof
``section 12301(a), 12301(d), 12301(g), 12302, or 12304''.
(6) Section 16135 (as so redesignated) is amended--
(A) by striking out ``section 2132'' in subsection
(a)(1)(A) and inserting in lieu thereof ``section 16132''; and
(B) by striking out ``section 2132(a)'' in subsection
(b)(1)(A) and inserting in lieu thereof ``section 16132(a)''.
(7) Chapter 106 is amended by striking out the table of sections at
the beginning and inserting in lieu thereof the following:
``Sec.
``2131. Reference to chapter 1606.
``2138. Savings provision.
``Sec. 2131. Reference to chapter 1606
``Provisions of law relating to educational assistance for members
of the Selected Reserve under the Montgomery GI Bill program are set
forth in chapter 1606 of this title (beginning with section 16131).''.
(c) Health Professions Stipend Program.--(1) Part IV of subtitle E
(as added by subsection (a)) is amended by adding after chapter 1606
(as added by subsection (b)) the following:
``CHAPTER 1608--HEALTH PROFESSIONS STIPEND PROGRAM
``Sec.
``16201. Financial assistance: health-care professionals in reserve
components.
``16202. Reserve service: required active duty for training.
``16203. Penalties and limitations.
``16204. Regulations.
``Sec. 16204. Regulations
``This chapter shall be administered under regulations prescribed
by the Secretary of Defense.''.
(2) Section 2128 is transferred to chapter 1608, as added by
paragraph (1), inserted after the table of sections, redesignated as
section 16201, and amended by striking out subsection (f).
(3) Section 2129 is transferred to chapter 1608, as added by
paragraph (1), inserted after section 16201 (as transferred and
redesignated by paragraph (2)), and redesignated as section 16202.
(4)(A) Section 2130 is transferred to chapter 1608, as added by
paragraph (1), inserted after section 16202 (as transferred and
redesignated by paragraph (3)), redesignated as section 16203, and
amended by striking out subsection (c).
(B) The heading of that section is amended to read as follows:
``Sec. 16203. Penalties and limitations''.
(5) Section 16201, as so redesignated, is amended by striking out
``subchapter'' each place it appears and inserting in lieu thereof
``chapter''.
(6) Section 16202, as so redesignated, is amended by striking out
``section 2128'' both places it appears and inserting in lieu thereof
``section 16201''.
(7) Chapter 105 is amended--
(A) in the table of subchapters before subchapter I--
(i) by striking out the item relating to subchapter
II; and
(ii) by redesignating the item relating to
subchapter III so as to refer to subchapter II;
(B) by striking out the heading for subchapter II and the
table of sections following that heading; and
(C) by redesignating subchapter III as subchapter II.
(d) Education Loan Repayment Programs.--(1) Part IV of subtitle E
(as added by subsection (a)) is amended by adding after chapter 1608
(as added by subsection (c) the following:
``CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS
``Sec.
``16301. Education loan repayment program: enlisted members of Selected
Reserve with critical specialties.
``16302. Education loan repayment program: health professions officers
serving in Selected Reserve with wartime
critical medical skill shortages.
``Sec. 16301. Education loan repayment program: enlisted members of
Selected Reserve with critical specialties
``(a)(1) Subject to the provisions of this section, the Secretary
of Defense may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.); or
``(B) any loan made under part E of such title (20 U.S.C.
1087aa et seq.).
Repayment of any such loan shall be made on the basis of each complete
year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph (1) in
the case of any person for service performed as an enlisted member of
the Selected Reserve of the Ready Reserve of an armed force in a
reserve component and military specialty specified by the Secretary of
Defense. The Secretary may repay such a loan only if the person to whom
the loan was made performed such service after the loan was made.
``(b) The portion or amount of a loan that may be repaid under
subsection (a) is 15 percent or $500, whichever is greater, for each
year of service.
``(c) If a portion of a loan is repaid under this section for any
year, interest on the remainder of the loan shall accrue and be paid in
the same manner as is otherwise required.
``(d) Nothing in this section shall be construed to authorize
refunding any repayment of a loan.
``(e) A person who transfers from service making the person
eligible for repayment of loans under this section (as described in
subsection (a)(2)) to service making the person eligible for repayment
of loans under section 2171 of this title (as described in subsection
(a)(2) of that section) during a year shall be eligible to have repaid
a portion of such loan determined by giving appropriate fractional
credit for each portion of the year so served, in accordance with
regulations of the Secretary concerned.
``(f) The Secretary of Defense shall, by regulation, prescribe a
schedule for the allocation of funds made available to carry out the
provisions of this section and section 2171 of this title during any
year for which funds are not sufficient to pay the sum of the amounts
eligible for repayment under subsection (a) and section 2171(a) of this
title.''.
(2)(A) Section 2172 is transferred to the end of chapter 1609, as
added by paragraph (1), and redesignated as section 16302.
(B) The heading of such section is amended to read as follows:
``Sec. 16302. Education loan repayment program: health professions
officers serving in Selected Reserve with wartime
critical medical skill shortages''.
(e) Conforming Amendments.--Section 2171 is amended as follows:
(1) Subsection (a)(1)(B) is amended by striking out ``or''
after ``(B)''.
(2) Subsection (a)(2) is amended--
(A) in the first sentence, by striking out ``person
for--'' and all that follows through ``(B) service
performed'' and inserting in lieu thereof ``person for
service performed''; and
(B) by striking out the second sentence.
(3) Subsection (b) is amended to read as follows:
``(b) The portion or amount of a loan that may be repaid under
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for
each year of service.''.
(4) Subsection (e) is amended by striking out ``Any
individual who transfers from service described in clause (A)
or (B) of subsection (a)(2) to service described in the other
clause of such subsection'' and inserting in lieu thereof ``A
person who transfers from service making the person eligible
for repayment of loans under this section (as described in
subsection (a)(2)) to service making the person eligible for
repayment of loans under section 16301 of this title (as
described in subsection (a)(2) of that section)''.
(5) Subsection (f) is amended--
(A) by inserting ``and section 16301 of this
title'' after ``this section''; and
(B) by inserting ``and section 16301(a) of this
title'' after ``subsection (a)''.
(6) The heading of such section is amended to read as
follows:
``Sec. 2171. Education loan repayment program: enlisted members on
active duty in specified military specialties''.
SEC. 1364. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT AND
EQUIPMENT.
(a) Addition of New Part.--(1) Subtitle E, as added by section
1311, is amended by adding after part IV of such subtitle (as added by
section 1363) the following:
``PART V--SERVICE, SUPPLY, AND PROCUREMENT
``Chap. Sec.
``1801. Issue of Serviceable Material to Reserve [No present
Components.
sections]
``1803. Facilities for Reserve Components................... 18231
``1805. Miscellaneous Provisions............................ 18501
``CHAPTER 1801--ISSUE OF SERVICEABLE MATERIAL TO RESERVE COMPONENTS
``[No present sections]''.
(b) Facilities for Reserve Components.--(1) Chapter 133 is
transferred to the end of part V of subtitle E, as added by subsection
(a), and redesignated as chapter 1803.
(2) The sections of that chapter are redesignated as follows:
Redesignated
Section
section
2231......................................... 18231
2232......................................... 18232
2233......................................... 18233
2233a........................................ 18233a
2234......................................... 18234
2235......................................... 18235
2236......................................... 18236
2237......................................... 18237
2238......................................... 18238
2239......................................... 18239
(3) The items in the table of sections at the beginning of such
chapter are revised to reflect the redesignations made by paragraph
(2).
(4) Section 18233 (as redesignated by paragraph (2)) is amended by
striking out ``sections 2233a, 2234, 2235, 2236, and 2238'' in
subsection (a) and inserting in lieu thereof ``sections 18233a, 18234,
18235, 18236, and 18238''.
(5) Section 18233a (as redesignated by paragraph (2)) is amended--
(A) in subsection (a), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''; and
(B) in subsection (b), by striking out ``section 2233(a)''
and inserting in lieu thereof ``section 18233(a)''.
(6) Section 18234 (as redesignated by paragraph (2)) is amended by
striking out ``section 2233'' and inserting in lieu thereof ``section
18233''.
(7) Section 18235 (as redesignated by paragraph (2)) is amended by
striking out ``section 2233(a)(1)'' in subsection (a)(1) and inserting
in lieu thereof ``section 18233''.
(8) Section 18236 (as redesignated by paragraph (2)) is amended--
(A) in subsection (a)--
(i) by striking out ``section 2233'' in the first
sentence and inserting in lieu thereof ``section
18233''; and
(ii) by striking out ``section 2233(a)(3) or (4)''
in the second sentence and inserting in lieu thereof
``paragraph (3) or (4) of section 18233(a)'';
(B) in subsection (b)--
(i) by striking out ``clause (4) or (5) of section
2233(a)'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``paragraph (4) or (5) of
section 18233(a)''; and
(ii) by striking out ``section 2233(e)'' in
paragraph (2) and inserting in lieu thereof ``section
18233(e)''; and
(C) in subsection (c), by striking out ``section 2233'' and
inserting in lieu thereof ``section 18233''.
(9) Section 18237 (as redesignated by paragraph (2)) is amended--
(A) in subsection (a), by striking out ``section
2233(a)(2), (3) and (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''; and
(B) in subsection (b), by striking out ``section
2233(a)(2), (3) or (4)'' and inserting in lieu thereof
``paragraph (2), (3), or (4) of section 18233(a)''.
(10) Section 18239 (as redesignated by paragraph (2)) is amended by
striking out ``section 2233'' both places it appears and inserting in
lieu thereof ``section 18233''.
(11) Part IV of subtitle A is amended by inserting after chapter
131 the following:
``CHAPTER 133--FACILITIES FOR RESERVE COMPONENTS
``Sec.
``2231. Reference to chapter 1803.
``Sec. 2231. Reference to chapter 1803
``Provisions of law relating to facilities for reserve components
are set forth in chapter 1803 of this title (beginning with section
18231).''.
(c) Miscellaneous Provisions.--(1) Part V of subtitle E, as added
by subsection (a), is amended by adding after chapter 1803, as
transferred by subsection (b), the following:
``CHAPTER 1805--MISCELLANEOUS PROVISIONS
``Sec.
``18501. Reserve components: personnel and logistic support by military
departments.
``18502. Reserve components: supplies, services, and facilities.
``Sec. 18501. Reserve components: personnel and logistic support by
military departments
``The Secretary concerned is responsible for providing the
personnel, equipment, facilities, and other general logistic support
necessary to enable units and Reserves in the Ready Reserve of the
reserve components under his jurisdiction to satisfy the training
requirements and mobilization readiness requirements for those units
and Reserves as recommended by the Secretary concerned and by the
Chairman of the Joint Chiefs of Staff and approved by the Secretary of
Defense, and as recommended by the Commandant of the Coast Guard and
approved by the Secretary of Transportation when the Coast Guard is not
operated as a service of the Navy.
``Sec. 18502. Reserve components: supplies, services, and facilities
``(a) The Secretary concerned shall make available to the reserve
components under his jurisdiction the supplies, services, and
facilities of the armed forces under his jurisdiction that he considers
necessary to support and develop those components.
``(b) Whenever he finds it to be in the best interest of the United
States, the Secretary concerned may issue supplies of the armed forces
under his jurisdiction to the reserve components under his
jurisdiction, without charge to the appropriations for those components
for the cost or value of the supplies or for any related expense.
``(c) Whenever he finds it to be in the best interest of the United
States, the Secretary of the Army or the Secretary of the Air Force may
issue to the Army National Guard or the Air National Guard, as the case
may be, supplies of the armed forces under his jurisdiction that are in
addition to supplies issued to that National Guard under section 702 of
title 32 or charged against its appropriations under section 106 or 107
of title 32, without charge to the appropriations for those components
for the cost or value of the supplies or for any related expense.
``(d) Supplies issued under subsection (b) or (c) may be
repossessed or redistributed as prescribed by the Secretary
concerned.''.
(2) Section 2540 is repealed.
SEC. 1365. LEGISLATIVE CONSTRUCTION.
(a) References to Transferred or Replaced Provisions.--A reference
to a provision of title 10, United States Code, transferred or replaced
by the provisions of sections 1361 through 1364 (including a reference
in a regulation, order, or other law) shall be treated as referring to
that provision as transferred or to the corresponding provision as so
enacted by this subtitle.
(b) Savings Provision for Regulations.--A regulation, rule, or
order in effect under a provision of title 10, United States Code,
replaced by a provision of that title enacted by sections 1361 through
1364 shall continue in effect under the corresponding provision so
enacted until repealed, amended, or superseded.
(c) General Savings Provision.--An action taken, or a right that
matured, under a provision of title 10, United States Code, replaced by
a provision of that title enacted by sections 1361 through 1364 shall
be treated as having been taken, or having matured, under the
corresponding provision so enacted.
Subtitle D--Technical and Clerical Amendments
SEC. 1371. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES CODE.
(a) Table of Subtitles.--The table of subtitles preceding subtitle
A is amended by adding at the end the following new item:
``E. Reserve Components..................................... 10001''.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 2 is
amended by striking out the item relating to section 115b.
(2) The table of sections at the beginning of chapter 3 is
amended by striking out the item relating to section 123 and
inserting in lieu thereof the following:
``123. Authority to suspend officer personnel laws during war or
national emergency.''.
(3) The table of sections at the beginning of chapter 31 is
amended by striking out the items relating to sections 510,
511, 512, and 517.
(4) The table of sections at the beginning of chapter 32 is
amended--
(A) by striking out the item relating to section
524; and
(B) by striking out ``524,'' in the item relating
to section 527.
(5) The table of sections at the beginning of subchapter V
of chapter 36 is amended by striking out the item relating to
section 644.
(6) The table of sections at the beginning of chapter 37 is
amended by striking out the item relating to section 652.
(7) The table of sections at the beginning of chapter 39 is
amended--
(A) by striking out the item relating to section
672 and inserting in lieu thereof the following:
``672. Reference to chapter 1209.'';
and
(B) by striking out the items relating to section
673 through 686 and section 689.
(8) The table of sections at the beginning of chapter 41 is
amended by striking out the item relating to section 715.
(9) The table of sections at the beginning of chapter 53 is
amended by striking out the item relating to section 1033.
(10) The table of sections at the beginning of chapter 59
is amended by striking out the items relating to sections 1162
and 1163.
(11) The table of sections at the beginning of chapter 69
is amended--
(A) by striking out the item relating to section
1374; and
(B) by striking out the item relating to section
1376 and inserting in lieu thereof the following:
``1376. Temporary disability retired lists.''.
(12) The table of sections at the beginning of chapter 101
is amended by striking out the item relating to section 2001.
(13) The table of sections at the beginning of chapter 109
is amended by striking out the items relating to sections 2171
and 2172 and inserting in lieu thereof the following:
``2171. Education loan repayment program: enlisted members on active
duty in specified military specialties.''.
(14) The table of sections at the beginning of subchapter I
of chapter 152 is amended by striking out the item relating to
section 2540.
(c) Cross-Reference Amendments--
(1) Section 101(a)(13) is amended by striking out ``672(a),
673, 673b, 673c, 688, 3500, or 8500'' and inserting in lieu
thereof ``688, 12301(a), 12302, 12304, 12305, or 12406''.
(2) Section 113(c)(3) is amended by striking out ``chapters
51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title,
as far as they apply to reserve officers'' and inserting in
lieu thereof ``chapters 1219 and 1401 through 1411 of this
title ''.
(3) Section 523(b)(1) is amended--
(A) in subparagraph (B), by striking out ``section
265'' and all that follows through ``of this title''
and inserting in lieu thereof ``section 10211, 10302
through 10305, or 12402 of this title'';
(B) in subparagraph (C), by striking out ``section
672(d)'' and inserting in lieu thereof ``section
12301(d)''; and
(C) in subparagraph (E), by striking out ``section
673b'' and inserting in lieu thereof ``section 12304''.
(4) Section 527 is amended by striking out ``524,'' in the
text and in the heading.
(5) Section 641(1) is amended--
(A) in subparagraph (B), by striking out ``section
175'' and all that follows through ``of this title''
and inserting in lieu thereof ``section 3038, 8038,
10211, 10301 through 10305, 10501, or 12402 of this
title'';
(B) in subparagraph (C), by striking out ``section
672(d)'' and inserting in lieu thereof ``section
12301(d)''; and
(C) in subparagraph (E), by striking out ``section
673b'' and inserting in lieu thereof ``section 12304''.
(6) Sections 1201, 1202, and 1203 are each amended by
striking out ``section 270(b)'' and inserting in lieu thereof
``section 10148(a)''.
(7)(A) Section 1076(b)(2)(A) is amended by striking out
``under chapter 67 of this title'' and inserting in lieu
thereof ``under chapter 1223 of this title (or under chapter 67
of this title as in effect before the effective date of the
Reserve Officer Personnel Management Act)''.
(B) Section 1370(a)(1) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(8) Section 1482(f)(2) is amended by striking out ``section
1332'' and ``section 1331'' and inserting in lieu thereof
``section 12732'' and ``12731'', respectively.
(d) Survivor Benefit Plan.--Subchapter II of chapter 73 is amended
as follows:
(1) Section 1447(14) is amended by striking out ``chapter
67 of this title'' and inserting in lieu thereof ``chapter 1223
of this title (or under chapter 67 of this title as in effect
before the effective date of the Reserve Officer Personnel
Management Act)''.
(2) The following provisions are amended by striking out
``section 1331(d)'' and inserting in lieu thereof ``section
12731(d)'': sections 1447(2)(C), 1448(a)(2)(B), 1448(f)(1)(A),
and 1448(f)(1)(B).
SEC. 1372. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNITED STATES CODE.
(a) Tables of Chapters.--The table of chapters at the beginning of
subtitle B, and the table of chapters at the beginning of part II of
that subtitle, are each amended by striking out the items relating to
chapters 337, 361, and 363.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 305
is amended by striking out the item relating to section 3040.
(2) The table of sections at the beginning of chapter 307
is amended by striking out the items relating to section 3076
through 3080 and section 3082.
(3) The table of sections at the beginning of chapter 331
is amended by striking out the items relating to section 3212
and sections 3217 through 3225.
(4) The table of sections at the beginning of chapter 333
is amended by striking out the items relating to sections 3259,
3260, and 3261.
(5) The table of sections at the beginning of chapter 341
is amended by striking out the items relating to sections 3495
through 3502.
(6) The table of sections at the beginning of chapter 343
is amended by striking out the items relating to sections 3541
and 3542.
(7) The table of sections at the beginning of chapter 353
is amended by striking out the item relating to section 3686.
(c) Cross Reference Amendments.--
(1) Section 3038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 3961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 4342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
SEC. 1373. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED STATES CODE.
(a) Tables of Chapters.--
(1) The table of chapters at the beginning of subtitle C is
amended by striking out the items relating to chapters 519,
531, 541, and 549.
(2) The table of chapters at the beginning of part I of
subtitle C is amended by striking out the item relating to
chapter 519.
(3) The table of chapters at the beginning of part II of
subtitle C is amended by striking out the items relating to
chapters 531, 541, and 549.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 533
is amended by striking out the items relating to sections 5456,
5457, and 5458.
(2) The table of sections at the beginning of chapter 539
is amended by striking out the item relating to section 5600.
(3) The table of sections at the beginning of chapter 555
is amended by striking out the items relating to sections 6017
and 6034.
(4) The table of sections at the beginning of chapter 573
is amended by striking out the items relating to sections 6391,
6392, 6397, 6403, and 6410.
(c) Cross Reference Amendments.--
(1) Section 6389(a) is amended by striking out ``section
1005'' and inserting in lieu thereof ``section 12645''.
(2) Section 6954(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
(d) Repeal of Section Redundant with Section 741.--
(1) Section 5506 is repealed.
(2) The table of sections at the beginning of chapter 535
is amended by striking out the item relating to section 5506.
SEC. 1374. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED STATES CODE.
(a) Tables of Chapters.--The table of chapters at the beginning of
subtitle D, and the table of chapters at the beginning of part II of
that subtitle, are each amended by striking out the items relating to
chapters 837 and 863.
(b) Tables of Sections.--
(1) The table of sections at the beginning of chapter 807
is amended by striking out the items relating to sections 8076
through 8080.
(2) The table of sections at the beginning of chapter 831
is amended by striking out the items relating to section 8212
and sections 8217 through 8225.
(3) The table of sections at the beginning of chapter 833
is amended by striking out the items relating to sections 8259,
8260, and 8261.
(4) The table of sections at the beginning of chapter 841
is amended by striking out the items relating to sections 8495
through 8502.
(5) The table of sections at the beginning of chapter 843
is amended by striking out the items relating to sections 8541
and 8542.
(6) The table of sections at the beginning of chapter 853
is amended by striking out the item relating to section 8686.
(7) The table of sections at the beginning of chapter 861
is amended by striking out the items relating to sections 8819
and 8820.
(c) Cross Reference Amendments.--
(1) Section 8038(b) is amended by striking out ``section
265'' and inserting in lieu thereof ``section 10211''.
(2) Section 8961(a) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(3) Section 9342(b)(1)(B) is amended by striking out
``section 1331 of this title'' and inserting in lieu thereof
``section 12731 of this title (or under section 1331 of this
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
SEC. 1375. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED STATES CODE.
(a) Chapter 1203.--Section 12102 (as transferred and redesignated
by section 1362(b)(2)) is amended by striking out ``section 3261 or
8261'' in subsection (a) and inserting in lieu thereof ``section
12107''.
(b) Chapter 1205.--Sections of chapter 1205 (as transferred and
redesignated by section 1362(c)(2)) are amended as follows:
(1) Section 12203 is amended by striking out ``3352, or
8352'' in subsection (a) and inserting in lieu thereof ``12213,
or 12214''.
(2) Sections 12213 and 12214 are amended by striking out
``or Territory, Puerto Rico, or the District of Columbia,
whichever is'' in subsection (a).
(c) Chapter 1209.--Sections of chapter 1209 (as transferred and
redesignated by section 1362(e)(2)) are amended as follows:
(1) Section 12301 is amended--
(A) in subsection (b), by striking out ``or
Territory'' and all that follows through the period at
the end and inserting in lieu thereof ``(or, in the
case of the District of Columbia National Guard, the
commanding general of the District of Columbia National
Guard).''; and
(B) in subsection (d), by striking out ``or
Territory, Puerto Rico, or the District of Columbia,
whichever is''.
(2) Section 12304 is amended--
(A) by striking out ``section 673(a)'' in
subsection (a) and inserting in lieu thereof ``section
12302(a)'';
(B) by striking out ``section 268(b)'' in
subsection (a) and inserting in lieu thereof ``section
10143(a)''; and
(C) by striking out ``section 3500 or 8500'' in
subsection (b) and inserting in lieu thereof ``section
12406''.
(3) Section 12305 is amended by striking out ``section 672,
673, or 673b'' in subsections (a) and (b) and inserting in lieu
thereof ``section 12301, 12302, or 12304''.
(4) Section 12306 is amended by striking out ``section
672'' in subsection (a) and inserting in lieu thereof ``section
12301''.
(5) Section 12307 is amended by striking out ``section
672(a) or 688'', ``section 1001(b)'', and ``chapter 67'' and
inserting in lieu thereof ``section 688 or 12301(a)'',
``section 12641(b)'', and ``chapter 1223'', respectively.
(6) Section 12308 is amended by striking out ``chapter 67''
and ``section 1332(b)'' and inserting in lieu thereof ``chapter
1223'' and ``section 12732(b)'', respectively.
(7) Section 12310 is amended by striking out ``section
672(d)'' in subsection (a) and inserting in lieu thereof
``section 12301(d)''.
(8) Section 12312 is amended by striking out ``section
679(a)'' in subsections (a) and (b) and inserting in lieu
thereof ``section 12311(a)''.
(9) Section 12318 is amended--
(A) by striking out ``section 673 or 673b'' in
subsections (a) and (b) and inserting in lieu thereof
``section 12302 or 12304''; and
(B) by striking out ``section 678'' in subsection
(b) and inserting in lieu thereof ``section 12310''.
(10) Section 12319(d) is amended by striking out ``chapter
67'' and inserting in lieu thereof ``chapter 1223''.
(11) Section 12320 is amended by striking out ``section
3353, 5600, or 8353'' and inserting in lieu thereof ``section
12207''.
(d) Chapter 1219.--Sections of chapter 1219 (as transferred and
redesignated by section 1362(h)) are amended as follows:
(1) Section 12642 is amended--
(A) by striking out ``section 1332(a)(2)'' in
subsection (a) and inserting in lieu thereof ``section
12732(a)(2)''; and
(B) by striking out ``section 1005'' in subsection
(b) and inserting in lieu thereof ``section 12645''.
(2) Section 12645 is amended by striking out ``chapter 337,
361, 363, 573, 837, 861, or 863'' in subsection (a) and
inserting in lieu thereof ``chapter 573, 1407, 1409, or 1411''.
(3) Section 12646 is amended--
(A) by striking out ``section 1332'' each place it
appears in subsections (a) and (b) and inserting in
lieu thereof ``section 12732'';
(B) by striking out ``chapter 337, 361, 363, 573,
837, 861, or 863'' in subsections (a) and (b) and
inserting in lieu thereof ``chapter 573, 1407, or
1409''; and
(C) by striking out subsection (e) and inserting in
lieu thereof the following:
``(e)(1) A reserve commissioned officer on active duty (other than
for training) or full-time National Guard duty (other than full-time
National Guard duty for training only) who, on the date on which the
officer would otherwise be removed from an active status under section
6389, 14513, or 14514 of this title or section 740 of title 14, is
within two years of qualifying for retirement under section 3911, 6323,
or 8911 of this title may, in the discretion of the Secretary concerned
and subject to paragraph (2), be retained on that duty for a period of
not more than two years.
``(2) An officer may be retained on active duty or full-time
National Guard duty under paragraph (1) only if--
``(A) at the end of the period for which the officer is
retained the officer will be qualified for retirement under
section 3911, 6323, or 8911 of this title; and
``(B) the officer will not, before the end of that period,
reach the age at which transfer from an active status or
discharge is required by this title or title 14.
``(3) An officer who is retained on active duty or full-time
National Guard duty under this section may not be removed from an
active status while on that duty.''.
(4) Section 12647 is amended by striking out ``chapters
337, 363, 573, 837, and 863'' and inserting in lieu thereof
``chapters 573, 1407, and 1409''.
SEC. 1376. AMENDMENTS TO TITLES 32 AND 37, UNITED STATES CODE.
(a) Title 32, United States Code.--Title 32, United States Code, is
amended as follows:
(1) Section 107(c) is amended by striking out ``section
3496 or 8496'' and inserting in lieu thereof ``section 12402''.
(2) Section 307(a)(3) is amended by striking out ``and
sections 8365 and 8366 of title 10''.
(3) Section 323(c) is amended by striking out ``section
3259, 3352(a), 8259, or 8352(a)'' and inserting in lieu thereof
``section 12105, 12213(a), or 12214(a)''.
(4) The items relating to sections 309 and 310 in the table
of sections at the beginning of chapter 3 are amended to read
as follows:
``309. Federal recognition of National Guard officers: officers
promoted to fill vacancies.
``310. Federal recognition of National Guard officers: automatic
recognition.''.
(b) Title 37, United States Code.--Title 37, United States Code, is
amended as follows:
(1) Section 204(a)(2) is amended by striking out ``section
3021, 3496, 3541, 8021, 8496, or 8541'' and inserting in lieu
thereof ``section 10302, 10305, 10502, or 12402''.
(2) Section 205(e)(2) is amended--
(A) by striking out ``section 511(b) or 511(d)'' in
subparagraph (A) and inserting in lieu thereof
``section 12103(b) or 12103(d)''; and
(B) by striking out ``chapter 39'' in subparagraph
(B) and inserting in lieu thereof ``chapter 1209''.
(3) Section 905 is amended--
(A) by striking out ``chapter 549'' in subsection
(a) and inserting in lieu thereof ``chapter 1405''; and
(B) by striking out ``section 5908'' in subsection
(b) and inserting in lieu thereof ``section 14308(b)''.
SEC. 1377. AMENDMENTS TO OTHER LAWS.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Section 5517(d)(2) is amended by striking out ``section
270(a) of title 10'' and inserting in lieu thereof ``section
10147 of title 10''.
(2) Section 6323(b) is amended--
(A) in paragraph (1), by striking out ``section 261
of title 10'' and inserting in lieu thereof ``section
10101 of title 10''; and
(B) in paragraph (2)(A), by striking out ``3500, or
8500 of title 10'' and inserting in lieu thereof ``or
12406 of title 10''; and
(3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are amended by
striking out ``chapter 67 of title 10'' and inserting in lieu
thereof ``chapter 1223 of title 10 (or under chapter 67 of that
title as in effect before the effective date of the Reserve
Officer Personnel Management Act)''.
(4) Sections 8401(30) and 8456(a)(1)(A) are amended by
striking out ``section 261(a) of title 10'' and inserting in
lieu thereof ``section 10101 of title 10''.
(b) Title 14, United States Code.--Title 14, United States Code, is
amended as follows:
(1) Section 41a(a) is amended by striking out ``section 679
of title 10'' and inserting in lieu thereof ``section 12311 of
title 10''.
(2) Section 271(e) is amended by striking out ``section 593
of title 10'' and inserting in lieu thereof ``section 12203 of
title 10''.
(3) Section 712(c)(1) is amended by striking out ``section
270 of title 10'' and inserting in lieu thereof ``section 10147
of title 10''.
(4) Section 713 is amended by striking out ``section 511(d)
of title 10'' and inserting in lieu thereof ``section 12103(d)
of title 10''.
(5) Sections 740(c) and 741(b) are amended by striking out
``section 1006 of title 10'' and inserting in lieu thereof
``section 12646 of title 10''.
(c) Internal Revenue Code of 1986.--Section 219(g)(6)(A) of the
Internal Revenue Code of 1986 is amended by striking out ``section
261(a) of title 10'' and inserting in lieu thereof ``section 10101 of
title 10''.
(d) Title 38, United States Code.--Title 38, United States Code, is
amended as follows:
(1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are
amended by striking out ``chapter 67 of title 10'' and
inserting in lieu thereof ``chapter 1223 of title 10 (or under
chapter 67 of that title as in effect before the effective date
of the Reserve Officer Personnel Management Act)''.
(2) Section 3002 is amended--
(A) in paragraph (4), by striking out ``section
268(b) of title 10'' and inserting in lieu thereof
``section 10143(a) of title 10''; and
(B) in paragraph (6), by striking out ``section
511(d) of title 10'' and inserting in lieu thereof
``section 12103(d) of title 10''.
(e) Public Law 99-661.--Section 403(b)(1) of Public Law 99-661 (10
U.S.C. 521 note) is amended--
(1) in subparagraph (B), by striking out ``section 265''
and all that follows through ``of title 10'' and inserting in
lieu thereof ``section 10148(a), 10211, 10302 through 10305,
12301(a), or 12402 of title 10'';
(2) in subparagraph (C), by striking out ``section 672(d)''
and inserting in lieu thereof ``section 12301(d)''; and
(3) in subparagraph (E), by striking out ``section 673b''
and inserting in lieu thereof ``section 12304''.
(f) Military Selective Service Act.--Section 6 of the Military
Selective Service Act (50 U.S.C. App. 456) is amended--
(1) in subsection (c)(2)(A), by striking out ``section 270
of title 10'' and inserting in lieu thereof ``section 10147 of
title 10'';
(2) in subsection (c)(2)(D), by striking out ``section
511(b) of title 10'' and inserting in lieu thereof ``section
12103 of title 10''; and
(3) in subsection (d)(1), by striking out ``section 270(a)
of title 10'' and inserting in lieu thereof ``section 10147 of
title 10''.
Subtitle E--Transition Provisions
SEC. 1381. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF CERTAIN
RESERVE COLONELS OF THE ARMY AND AIR FORCE.
(a) Continuation Under Old Law.--Except as provided in subsection
(b), a reserve officer of the Army or the Air Force who, on the
effective date of this title--
(1) is subject to placement on the reserve active-status
list of the Army or the Air Force; and
(2)(A) holds the reserve grade of colonel, (B) is on a list
of officers recommended for promotion to the reserve grade of
colonel, or (C) has been nominated by the President for
appointment in the reserve grade of colonel,
shall continue to be subject to mandatory transfer to the Retired
Reserve or discharge from the officer's reserve appointment under
section 3851 or 8851 of title 10, United States Code, as in effect on
the day before the effective date of this title.
(b) Exemption.--This section does not apply to an officer who is--
(1) sooner transferred from an active status or discharged
under some other provision of law;
(2) promoted to a higher grade, unless the officer was on a
list of officers recommended for promotion to the reserve grade
of colonel before the effective date of this title; or
(3) continued on the reserve active-status list under
section 14701 of title 10, United States Code, as added by this
title.
SEC. 1382. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION
FOR ARMY AND AIR FORCE OFFICERS.
(a) Promotions To Fill Vacancies.--A reserve commissioned officer
of the Army or Air Force (other than a commissioned warrant officer)
who, on the day before the effective date of this title, is recommended
for promotion to fill a vacancy in the Army Reserve or the Air Force
Reserve under section 3383, 3384, 8372, or 8373 of title 10, United
States Code, as in effect on the day before the effective date of this
title, in the next higher reserve grade shall be considered to have
been recommended for promotion to that grade by a vacancy promotion
board under section 14101(a)(2) of title 10, United States Code, as
added by this title.
(b) Promotions Other Than To Fill Vacancies.--A reserve officer of
the Army or Air Force who, on the day before the effective date of this
title, is recommended for promotion under section 3366, 3367, 3370,
3371, 8366, or 8371 of title 10, United States Code, as in effect on
the day before the effective date of this title, to a reserve grade
higher than the grade in which the officer is serving shall be
considered to have been recommended for promotion by a mandatory
promotion board convened under section 14101(a)(1) of title 10, United
States Code, as added by this title.
(c) Officers Found Qualified for Promotion to First Lieutenant.--A
reserve officer of the Army or Air Force who, on the effective date of
the title, holds the grade of second lieutenant and has been found
qualified for promotion to the grade of first lieutenant in accordance
with section 3365, 3382, or 8365 of title 10, United States Code, as in
effect on the day before the effective date of this title, shall be
promoted to that grade on the date on which the officer would have been
promoted under the provisions of chapter 337 or 837 of such title, as
in effect on the day before the effective date of this title, unless
sooner promoted under regulations prescribed by the Secretary of the
Army or the Secretary of the Air Force under section 14308(b) of title
10, United States Code, as added by this title.
(d) Officers Once Failed of Selection.--(1) A reserve officer of
the Army in the grade of first lieutenant, captain, or major who, on
the day before the effective date of this title, has been considered
once but not recommended for promotion to the next higher reserve grade
under section 3366 or 3367 of title 10, United States Code, or a
reserve officer of the Air Force in the grade of first lieutenant,
captain, or major who, on the day before the effective date of this
title, is a deferred officer within the meaning of section 8368 of such
title, shall be considered to have been considered once but not
selected for promotion by a board convened under section 14101(a)(1) of
title 10, United States Code, as added by this title. If the officer is
later considered for promotion by a selection board convened under that
section and is not selected for promotion (or is selected for promotion
but declines to accept the promotion), the officer shall be considered
for all purposes to have twice failed of selection for promotion.
(2) In the case of a reserve officer of the Army or Air Force in an
active status who, on the day before the effective date of this title,
is in the grade of first lieutenant, captain, or major and whose name
has been removed, under the provisions of section 3363(f) of title 10,
United States Code, from a list of officers recommended for promotion
or who has previously not been promoted because the President declined
to appoint the officer in the next higher grade under section 8377 of
such title as in effect on the day before the effective date of this
title, or whose name was removed from a list of officers recommended
for promotion to the next higher grade because the Senate did not
consent to the officer's appointment, if the officer is later
considered for promotion by a selection board convened by section
14101(a)(1) of title 10, United States Code, as added by this title,
and (A) is not selected for promotion, (B) is selected for promotion
but removed from the list of officers recommended or approved for
promotion, or (C) is selected for promotion but declines to accept the
promotion, the officer shall be considered for all purposes to have
twice failed of selection for promotion.
(e) Officers Twice Failed of Selection.--A reserve officer of the
Army or Air Force in an active status who, on the day before the
effective date of this title, is in the grade of first lieutenant,
captain, or major and on that date is subject to be treated as
prescribed in section 3846 or 8846 of title 10, United States Code,
shall continue to be governed by that section as in effect on the day
before the effective date of this title.
(f) Officers With Approved Promotion Declinations in Effect.--A
reserve officer of the Army who, on the day before the effective date
of this title, has declined a promotion under subsection (f) or (g) of
section 3364 of title 10, United States Code, shall while carried on
the reserve active status list be subject to the provisions of
subsections (h), (i), and (j) of such section, as in effect on the day
before the effective date of this title, except that the name of an
officer to whom this section applies shall be placed on a promotion
list under section 14308(a) of title 10, United States Code (as added
by this title), and, at the end of the approved period of declination,
shall be considered to have failed of promotion if the officer again
declines to accept the promotion.
(g) Covered Officers.--This section applies to reserve officers of
the Army and Air Force who--
(1) on the day before the effective date of this title are
in an active status; and
(2) on the effective date of this title are subject to
placement on the reserve active-status list of the Army or the
Air Force.
SEC. 1383. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION
FOR NAVY AND MARINE CORPS OFFICERS.
(a) Recommendations for Promotion.--An officer covered by this
section who, on the day before the effective date of this title, has
been recommended for promotion to a reserve grade higher than the grade
in which the officer is serving shall be considered to have been
recommended for promotion to that grade under section 14101(a) of title
10, United States Code, as added by this title.
(b) Failures of Selection.--An officer covered by this section who,
on the day before the effective date of this title is considered to
have failed of selection for promotion one or more times under chapter
549 of title 10, United States Code, to a grade below captain, in the
case of a reserve officer of the Navy, or to a grade below colonel, in
the case of a reserve officer of the Marine Corps, shall be subject to
chapters 1405 and 1407 of title 10, United States Code, as added by
this title, as if such failure or failures had occurred under the
provisions of those chapters.
(c) Officers Other Than Covered Officers Recommended for
Promotion.--A reserve officer of the Navy or Marine Corps who on the
day before the effective date of this title (1) has been recommended
for promotion in the approved report of a selection board convened
under chapter 549 of title 10, United States Code, and (2) was on the
active-duty list of the Navy or Marine Corps may be promoted under that
chapter, as in effect on the day before the effective date of this
title.
(d) Officers Found Qualified for Promotion to Lieutenant (Junior
Grade) or First Lieutenant.--A covered officer who, on the effective
date of this title, holds the grade of second lieutenant and has been
found qualified for promotion in accordance with section 5908 or 5910
of title 10, United States Code, as in effect on the day before the
effective date of this title, shall be promoted on the date on which
the officer would have been promoted under the provisions of chapter
549 of such title, as in effect on the day before the effective date of
this title, unless sooner promoted under regulations prescribed by the
Secretary of the Navy under section 14307(b) of such title, as added by
this title.
(e) Officers Whose Names Have Been Omitted From a List Furnished to
a Selection Board.--A covered officer whose name, as of the effective
date of this title, had been omitted by administrative error from the
list of officers furnished the most recent selection board to consider
officers of the same grade and component, shall be considered by a
special selection board established under section 14502 of title 10,
United States Code, as added by this title. If the officer is selected
for promotion by that board, the officer shall be promoted as specified
in section 5904 of title 10, United States Code, as in effect on the
day before the effective date of this title.
(f) Covered Officers.--Except as provided in subsection (c), this
section applies to any reserve officer of the Navy or Marine Corps who
(1) before the effective date of this title is in an active status, and
(2) on the effective date of this title is subject to placement on the
reserve active-status list of the Navy or Marine Corps.
SEC. 1384. DELAYS IN PROMOTIONS AND REMOVALS FROM PROMOTION LIST.
(a) Delays in Promotions.--(1) A delay in a promotion that is in
effect on the day before the effective date of this title under the
laws and regulations in effect on that date shall continue in effect on
and after that date as if the promotion had been delayed under section
14311 of title 10, United States Code, as added by this title.
(2) The delay of the promotion of a reserve officer of the Army or
the Air Force which was in effect solely to achieve compliance with
limitations set out in section 524 of title 10, United States Code, or
with regulations prescribed by the Secretary of Defense with respect to
sections 3380(c) and 8380(c) of title 10, United States Code, as in
effect on the day before the effective date of this title, shall
continue in effect as if the promotion had been delayed under section
14311(e) of such title, as added by this title.
(b) Removals From List.--An action that was initiated before the
effective date of this title under the laws and regulations in effect
before that date to remove the name of an officer from a promotion list
or from a list of officers recommended or approved for promotion shall
continue on and after such date as if such action had been initiated
under section 14110(d) or 14310, as appropriate, of title 10, United
States Code, as added by this title.
SEC. 1385. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION.
During the five-year period beginning on the effective date of this
title, the Secretary of the Army and the Secretary of the Air Force may
waive the provisions of section 14304 of title 10, United States Code,
as added by this title. The Secretary may, in addition, during any
period in which such a waiver is in effect, establish minimum periods
of total years of commissioned service an officer must have served to
be eligible for consideration for promotion to the grade of captain,
major, or lieutenant colonel by boards convened under section 14101(a)
of title 10, United States Code, as added by this title.
SEC. 1386. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST.
(a) Six-Month Deadline.--Not later than six months after the
effective date of this title, the Secretary of the military department
concerned shall ensure that--
(1) all officers of the Army, Navy, Air Force, and Marine
Corps who are required to be placed on the reserve active-
status list of their Armed Force under section 14002 of title
10, United States Code, as added by this title, shall be placed
on the list for their armed force and in their competitive
category; and
(2) the relative seniority of those officers on each such
list shall be established.
(b) Regulations.--The Secretary concerned shall prescribe
regulations for the establishment of relative seniority. The Secretary
of the Army and the Secretary of the Air Force shall, in prescribing
such regulations, provide for the consideration of both promotion
service established under section 3360(b) or 8360(e) of title 10,
United States Code, as in effect on the day before the effective date
of this title, and total commissioned service established under section
3360(c) or 8366(e) of such title, as in effect on the day before the
effective date of this title. An officer placed on a reserve active-
status list in accordance with this section shall be considered to have
been on the list as of the effective date of this title.
SEC. 1387. PRESERVATION OF RELATIVE SENIORITY UNDER THE INITIAL
ESTABLISHMENT OF THE RESERVE ACTIVE-STATUS LIST.
In order to maintain the relative seniority among reserve officers
of the Army, Navy, Air Force, or Marine Corps as determined under
section 1386, the Secretary of the military department concerned may,
during the one-year period beginning on the effective date of this
title, adjust the date of rank of any reserve officer of such Armed
Force who was in an active status but not on the active-duty list on
such effective date.
SEC. 1388. GRADE ON TRANSFER TO THE RETIRED RESERVE.
In determining the highest grade held satisfactorily by a person at
any time in the Armed Forces for the purposes of paragraph (2) of
section 1406(b) of title 10, United States Code, as added by this
title, the requirement for satisfactory service on the reserve active-
status list contained in section 1370(d) of title 10, United States
Code, as added by this title, shall apply only to reserve commissioned
officers who are promoted to a higher grade as a result of selection
for promotion under chapter 36 of that title or under chapter 1405 of
that title, as added by this title, or having been found qualified for
Federal recognition in a higher grade under chapter 3 of title 32,
United States Code, after the effective date of this title.
SEC. 1389. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE.
A reserve officer of the Army, Navy, Air Force, or Marine Corps who
was in an active status on the day before the effective date of this
title and who was subject to placement of the reserve active-status
list on the effective date of this title may not be discharged under
section 14503 of title 10, United States Code, as added by this title,
until on or after the day on which that officer completes three years
of continuous service as a reserve commissioned officer.
SEC. 1390. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE OFFICERS OF
THE NAVY AND MARINE CORPS.
(a) Savings Provisions for Required Separation Age.--A reserve
officer of the Navy or the Marine Corps--
(1) who--
(A) on the effective date of this title is in an
active status, and
(B) on the day before the effective date of this
title was an officer described in section 6389(e),
6397(a), 6403(a), or 6403(b) of title 10, United States
Code; and
(2) who, on or after the effective date of this title is
subject to elimination from an active status under any
provision of such title,
is entitled to be treated as that officer would have been treated under
section 6397 or 6403 as applicable, as in effect on the day before the
effective date of this title, if that treatment would result in the
date for the officer's separation from an active status being a later
date than the date established under the law in effect on or after the
effective date of this title.
(b) Savings Provisions for Mandatory Separation for Age.--An
officer who was initially appointed in the Naval Reserve or the Marine
Corps Reserve before January 1, 1953, and who cannot complete 20 years
of service computed under section 12732 of this title before he becomes
62 years of age, but can complete this service by the time he becomes
64 years of age, may be retained in an active status not later than the
date he becomes 64 years of age.
(c) An officer who was initially appointed in the Naval Reserve or
the Marine Corps Reserve before the effective date of this title, and
who cannot complete 20 years of service computed under section 12732 of
this title before he becomes 60 years of age, but can complete this
service by the time he becomes 62 years of age, may be retained in an
active status not later than the date he becomes 62 years of age.
Subtitle F--Effective Dates and General Savings Provisions
SEC. 1391. EFFECTIVE DATE.
(a) Effective Date for Amendments.--The amendments made by this
title shall take effect on the date of the enactment of this Act.
(b) Effective Date for New Reserve Officer Personnel Policies.--(1)
The provisions of part III of subtitle E of title 10, United States
Code, as added by section 1311, shall become effective on the first day
of the ninth month that begins after the date of the enactment of this
Act.
(2) Any reference in subtitle E of this title to the effective date
of this title is a reference to the effective date prescribed in
paragraph (1).
(3) The personnel policies applicable to Reserve officers under the
provisions of law in effect on the day before the date of the enactment
of this Act and replaced by the Reserve officer personnel policies
prescribed in part III of subtitle E of title 10, United States Code,
as added by section 1311, shall, notwithstanding the provisions of
subsection (a), continue in effect until the effective date prescribed
in paragraph (1).
(4) The authority to prescribe regulations under the provisions of
part III of subtitle E of title 10, United States Code, as added by
section 1311, shall take effect on the date of the enactment of this
Act.
SEC. 1392. PRESERVATION OF SUSPENDED STATUS OF LAWS SUSPENDED AS OF
EFFECTIVE DATE.
If a provision of law that is in a suspended status on the day
before the effective date of this title under section 1391(b)(1) is
transferred or amended by this title, the suspended status of that
provision is not affected by that transfer or amendment.
SEC. 1393. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES, PENALTIES, AND
PROCEEDINGS.
Except as otherwise provided in this title, the provisions of this
title and the amendments made by this title do not affect rights and
duties that matured, penalties that were incurred, or proceedings that
were begun before the effective date of this title under section
1391(b)(1).
TITLE XIV--BOSNIA AND HERZEGOVINA SELF-DEFENSE
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Bosnia and Herzegovina Self-
Defense Act of 1994''.
SEC. 1402. FINDINGS.
The Congress makes the following findings:
(1) For the reasons stated in section 520 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), the Congress has found that continued application
of an international arms embargo to the Government of Bosnia
and Herzegovina contravenes that Government's inherent right of
individual or collective self-defense under Article 51 of the
United Nations Charter and therefore is inconsistent with
international law.
(2) Before deploying United States Armed Forces to defend
the territorial integrity and political independence of Bosnia
and Herzegovina, or to enforce United Nations mandates in
Bosnia and Herzegovina, the United States should seek to permit
the Government of Bosnia and Herzegovina to obtain the means
necessary to exercise its inherent right of self-defense.
SEC. 1403. TERMINATION OF ARMS EMBARGO.
(a) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia and Herzegovina upon receipt
from that Government of a request for assistance in exercising its
right of self-defense under Article 51 of the United Nations Charter.
(b) Definition.--As used in this section, the term ``United States
arms embargo of the Government of Bosnia and Herzegovina'' means the
application to the Government of Bosnia and Herzegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 F.R. 33322) under the
heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is denied for
transfers of defense articles and defense services to the
former Yugoslavia.
SEC. 1404. PROVISION OF UNITED STATES MILITARY ASSISTANCE.
(a) Policy.--The President should provide appropriate military
assistance to the Government of Bosnia and Herzegovina upon receipt
from that Government of a request for assistance in exercising its
right of self-defense under Article 51 of the United Nations Charter.
(b) Authorization of Military Assistance.--
(1) Drawdown authority.--If the Government of Bosnia and
Herzegovina requests United States assistance in exercising its
right of self-defense under Article 51 of the United Nations
Charter, the President is authorized to direct the drawdown of
defense articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training in order to provide assistance to the
Government of Bosnia and Herzegovina. Such assistance shall be
provided on such terms and conditions as the President may
determine.
(2) Limitation on value of transfers.--The aggregate value
(as defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, and military
education and training provided under this subsection may not
exceed $200,000,000.
(3) Expiration of authorization.--The authority provided to
the President in paragraph (1) expires at the end of fiscal
year 1995.
(4) Limitation on activities.--Members of the United States
Armed Forces who perform defense services or provide military
education and training outside the United States under this
subsection may not perform any duties of a combatant nature,
including any duties related to training and advising that may
engage them in combat activities.
(5) Reports to congress.--Within 60 days after any exercise
of the authority of paragraph (1) and every 60 days thereafter,
the President shall report in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate concerning the defense articles, defense services, and
military education and training being provided and the use made
of such articles, services, and education and training.
(6) Reimbursement.--(A) Defense articles, defense services,
and military education and training provided under this
subsection shall be made available without reimbursement to the
Department of Defense except to the extent that funds are
appropriated pursuant to subparagraph (B).
(B) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, or military
education and training provided under this subsection.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SECTION 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1995''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Arkansas................ Pine Bluff Arsenal............ $97,000,000
California.............. Fort Irwin.................... $10,000,000
Georgia................. Fort Benning.................. $4,650,000
Fort Gordon................... $48,250,000
Hawaii.................. Schofield Barracks............ $10,000,000
Kentucky................ Fort Campbell................. $36,400,000
Maryland................ Aberdeen Proving Grounds...... $2,750,000
Adelphi Laboratory Center..... $6,600,000
New Jersey.............. Bayonne Military Ocean
Terminal..................... $4,050,000
New York................ Fort Drum..................... $19,150,000
U.S. Military Academy, West
Point........................ $28,000,000
North Carolina.......... Fort Bragg.................... $29,000,000
Sunny Point Military Ocean
Terminal..................... $22,200,000
Oregon.................. Umatilla Depot Activity....... $179,000,000
Oklahoma................ Fort Sill..................... $18,000,000
Pennsylvania............ Tobyhanna Depot............... $17,000,000
Texas................... Fort Bliss.................... $20,800,000
Fort Hood..................... $49,000,000
Fort Sam Houston.............. $7,050,000
Virginia................ Fort Lee...................... $21,000,000
Fort Myer..................... $7,300,000
Washington.............. Fort Lewis.................... $64,000,000
CONUS Classified........ Classified Location........... $1,900,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Location Amount
------------------------------------------------------------------------
Korea.................... Camp Casey................... $40,800,000
Kwajalein Atoll.......... Kwajalein.................... $6,400,000
Worldwide................ Host Nation Support.......... $25,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Colorado....................... Fort Carson.................... 145 units..................... $16,500,000
Georgia........................ Fort Stewart................... 128 units..................... $10,600,000
Hawaii......................... Schofield Barracks............. 190 units..................... $26,000,000
Massachusetts.................. Natic Research Center.......... 35 units...................... $4,150,000
New York....................... U.S. Military Academy, West $8,000,000
Point......................... 56 units......................
South Carolina................. Fort Jackson................... 105 units..................... $12,000,000
Texas.......................... Fort Bliss..................... 215 units..................... $21,400,000
Fort Sam Houston............... 100 units..................... $10,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $5,992,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing in an amount not to exceed $49,760,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $2,139,036,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $703,100,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $72,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,126,000.
(5) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $164,402,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,121,208,000, of which
not more than $243,442,000 may be obligated or expended
for the leasing of military family housing worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2105. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT FORT
BRAGG, NORTH CAROLINA, FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
Using amounts previously appropriated for this purpose, the
Secretary of the Army may carry out a military construction project for
the construction of a library at Fort Bragg, North Carolina, in the
total amount of $5,500,000.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), and, in
the case of the project described in section 2204(b)(2), other amounts
appropriated pursuant to authorizations enacted after this Act for that
project, the Secretary of the Navy may acquire real property and carry
out military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
California.............. Camp Pendleton Amphibious Task
Camp Pendleton Marine Corp
Base......................... $7,470,000
China Lake Naval Air Warfare
Center....................... $6,000,000
El Centro Naval Air Facility.. $3,000,000
Lemoore Naval Air Station..... $7,000,000
North Island Naval Air Station $18,830,000
Port Hueneme Construction
Battalion Center............. $9,650,000
San Diego Marine Corps Recruit
Depot........................ $1,090,000
San Diego Naval Station....... $4,100,000
Twentynine Palms, Marine Corps
Air-Ground Combat Center..... $2,900,000
Florida................. Blount Island................. $10,000,000
Jacksonville Fleet and
Industrial Supply Center..... $2,200,000
Pensacola Naval Air Station... $2,100,000
Hawaii.................. Kaneohe Bay Marine Corps Air
Station...................... $171,000
Illinois................ Great Lakes Navy Public Works
Center....................... $13,000,000
Indiana................. Crane Naval Surface Warfare
Center....................... $8,415,000
Maryland................ Indian Head Naval Surface
Warfare Center............... $10,000,000
Patuxent River Naval Air
Warfare Center............... $8,200,000
United States Naval Academy... $2,000,000
New Jersey.............. Lakehurst Naval Air Warfare
Center....................... $2,950,000
New Mexico.............. White Sands Naval Ordnance
Missile Test Station......... $1,390,000
North Carolina.......... Camp Lejeune Marine Corp Base. $14,850,000
Cherry Point Marine Corps Air
Station...................... $2,100,000
Pennsylvania............ Philadelphia Naval Shipyard... $11,500,000
Rhode Island............ Newport Naval Education and
Training Center.............. $14,500,000
Newport Naval War College..... $28,000,000
South Carolina.......... Beauford Marine Corps Air
Station...................... $10,800,000
Parris Island Marine Corps
Recruit Depot................ $8,550,000
Texas................... Ingleside Naval Station....... $14,110,000
Kingsville Naval Air Station.. $1,530,000
Virginia................ Chesapeake Naval Security
Group Activity............... $1,150,000
Dam Neck Fleet Combat Training
Center....................... $7,000,000
Little Creek Amphibious Base.. $5,000,000
Norfolk Marine Corps Security
Force Battalion Atlantic..... $6,480,000
Norfolk Naval Base............ $5,100,000
Norfolk Naval Station......... $17,430,000
Oceana Naval Air Station...... $4,700,000
Quantico Marine Corps Combat
Development Command.......... $19,900,000
Washington.............. Bremerton Puget Sound Naval
Shipyard..................... $11,040,000
Everett Naval Station......... $21,690,000
Whidbey Island Naval Air
Station...................... $5,200,000
Various Locations....... Aircraft Fire Rescue and
Vehicle Maintenance
Facilities................... $2,200,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Greece.................. Souda Bay, Crete Naval Support
Activity..................... $3,050,000
Guam.................... Public Works Center........... $21,600,000
Italy................... Naples Naval Support Activity. $28,460,000
Sigonella Naval Air Station... $13,750,000
Puerto Rico............. Sabana Seca Naval Security
Group Activity............... $1,650,000
United Kingdom.......... Saint Mawgan Joint
Communication Center......... $3,900,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
California..................... Camp Pendleton Marine Corps $28,552,000
San Diego Navy Public Works $18,262,000
Center........................ 136 units.....................
Hawaii......................... Pearl Harbor Public Works 100 units (replacement)....... $16,000,000
Center.
Maryland....................... Patuxent River Naval Air Housing Office................ $863,000
Station.
Mississippi.................... Gulfport Construction Battalion $10,370,000
Center........................ 120 units.....................
Texas.......................... Corpus Christi Naval Air $11,800,000
Station....................... 100 units.....................
Virginia....................... Norfolk Navy Public Works Warehouse & Self Help Center.. $555,000
Center.
Washington..................... Everett Naval Station.......... Housing Office................ $780,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $24,681,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in the amount of $155,602,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $1,569,850,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $325,996,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $72,410,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $43,380,000.
(5) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $267,465,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $853,599,000, of which not more than
$114,336,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $18,000,000 (the balance of the amount authorized under
section 2201(a) for the construction of a Strategic Maritime
Research Center at the Naval War College, Newport, Rhode
Island).
SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION
PROJECT AT NAVAL SUPPLY CENTER, PENSACOLA, FLORIDA.
(a) Reauthorization.--Notwithstanding section 2205(b)(1)(D)(ii) of
the Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1865), the Secretary of
the Navy may carry out the military construction project at the Naval
Supply Center, Pensacola, Florida, which involves construction of a
cold storage facility at the installation and was originally authorized
by section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 1514).
(b) Conforming Amendment.--Section 2205(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190; 105 Stat. 1518), as amended by section 2205(b)(2)
of the Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1865), is further
amended--
(A) in the matter preceding the paragraphs, by striking out
``$1,759,990,000'' and inserting in lieu thereof
``$1,765,690,000''; and
(B) in paragraph (1), by striking out ``$667,700,000'' and
inserting in lieu thereof ``$673,400,000''.
SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT NAVAL STATION,
FLORIDA.
(a) Commencement of Design Activities.--At the conclusion of the
facilities study prepared by the Secretary of the Navy to identify
infrastructure improvements that would be necessary to provide Mayport
Naval Station, Florida, with the capability to serve as a homeport for
a nuclear powered aircraft carrier and the programmatic environmental
impact study to identify environmental issues associated with such
improvements, the Secretary shall begin design work for such military
construction projects as may be necessary to provide for such a
capability.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed as an authorization to the Secretary to proceed with the
construction of facilities specifically designed to make Mayport Naval
Station capable of serving as a homeport for a nuclear powered aircraft
carrier.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama................. Maxwell Air Force Base........ $9,600,000
Maxwell Air Force Base Annex.. 3,700,000
Alaska.................. Cape Lisburne Long Range Radar
Site......................... $2,800,000
Arizona................. Davis Monthan Air Force Base.. $1,400,000
California.............. Beale Air Force Base.......... $11,850,000
Edwards Air Force Base........ $14,850,000
McClellan Air Force Base...... $10,150,000
Travis Air Force Base......... $12,600,000
Vandenberg Air Force Base..... $6,550,000
Colorado................ Peterson Air Force Base....... $1,750,000
Delaware................ Dover Air Force Base.......... $10,500,000
Florida................. Cape Canaveral Air Force $10,450,000
Station.
Georgia................. Moody Air Force Base.......... $13,400,000
Robins Air Force Base......... $21,200,000
Idaho................... Mountain Home Air Force Base.. $4,950,000
Illinois................ Scott Air Force Base.......... $2,700,000
Kansas.................. McConnell Air Force Base...... $500,000
Louisiana............... Barksdale Air Force Base...... $1,500,000
Maryland................ Andrews Air Force Base........ $6,300,000
Mississippi............. Columbus Air Force Base....... $10,000,000
Keesler Air Force Base........ $11,240,000
Missouri................ Whiteman Air Force Base....... $24,290,000
Montana................. Malstrom Air Force Base....... $7,200,000
Nebraska................ Offutt Air Force Base......... $2,260,000
New Jersey.............. McGuire Air Force Base........ $17,000,000
New Mexico.............. Holloman Air Force Base....... $10,950,000
Kirtland Air Force Base....... $3,200,000
North Carolina.......... Pope Air Force Base........... $4,750,000
North Dakota............ Grand Forks Air Force Base.... $5,200,000
Minot Air Force Base.......... $10,350,000
Ohio.................... Wright-Patterson Air Force $8,250,000
Base.
Oklahoma................ Altus Air Force Base.......... $3,750,000
Tinker Air Force Base......... $20,443,000
Vance Air Force Base.......... $11,680,000
South Carolina.......... Charleston Air Force Base..... $11,400,000
South Dakota............ Ellsworth Air Force Base...... $5,950,000
Tennessee............... Arnold Air Force Base......... $1,900,000
Texas................... Brooks Air Force Base......... $6,500,000
Dyess Air Force Base.......... $5,400,000
Kelly Air Force Base.......... $16,550,000
Lackland Air Force Base....... $5,200,000
Sheppard Air Force Base....... $3,300,000
Virginia................ Langley Air Force Base........ $5,500,000
Washington.............. Fairchild Air Force Base...... $14,350,000
McChord Air Force Base........ $10,400,000
Wyoming................. F.E. Warren Air Force Base.... $2,650,000
CONUS Classified........ Classified Location........... $2,141,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and may carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany................. Ramstein Air Base............. $12,350,000
Spangdahlem Air Base.......... $9,473,000
Greenland............... Thule Air Base................ $2,450,000
Portugal................ Lajes Field, Azores........... $2,850,000
United Kingdom.......... Lakenheath Royal Air Force
Base......................... $7,100,000
Overseas Classified..... Classified Location........... $4,050,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base......... 25 units...................... $2,100,000
Arizona........................ Davis-Monthan Air Force Base... 110 units..................... $10,029,000
California..................... Beale Air Force Base........... 76 units...................... $8,842,000
Edwards Air Force Base......... 34 units...................... $4,629,000
Los Angeles Air Force Station.. 50 units...................... $5,000,000
Vandenberg Air Force Base...... 128 units..................... $16,460,000
District of Columbia........... Bolling Air Force Base......... 100 units..................... $9,000,000
Florida........................ Patrick Air Force Base......... 75 units...................... $7,145,000
Idaho.......................... Mountain Home Air Force Base... 4 units....................... $881,000
Mountain Home Air Force Base... 60 units...................... $5,712,000
Kansas......................... McConnell Air Force Base....... 70 units...................... $8,322,000
Louisiana...................... Barksdale Air Force Base....... 82 units...................... $8,236,000
Missouri....................... Whiteman Air Force Base........ Housing Office................ $567,000
New Mexico..................... Cannon Air Force Base.......... 1 unit........................ $230,000
Holloman Air Force Base........ 76 units...................... $7,733,000
Kirtland Air Force Base........ 106 units..................... $10,058,000
North Carolina................. Pope Air Force Base............ 120 units..................... $14,874,000
Seymour Johnson Air Force Base. 74 units...................... $6,025,000
North Dakota................... Grand Forks Air Force Base..... Housing Office................ $709,000
South Carolina................. Shaw Air Force Base............ 3 units....................... $631,000
Texas.......................... Dyess Air Force Base........... 59 units...................... $7,077,000
Utah........................... Hill Air Force Base............ 138 units..................... $11,400,000
Virginia....................... Langley Air Force Base......... 148 units..................... $14,421,000
Washington..................... Fairchild Air Force Base....... 6 units....................... $1,035,000
Wyoming........................ F.E. Warren Air Force Base..... 106 units..................... $11,321,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $9,275,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$61,770,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,548,040,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $388,554,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $38,273,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $49,386,000.
(5) For the construction of the climatic test chamber at
Eglin Air Force Base, Florida, authorized by section 2301(a) of
the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102-484; 106 Stat. 2594),
$20,000,000.
(6) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $243,482,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $801,345,000, of which not more than
$112,757,000 may be obligated or expended for leasing
of military family housing units worldwide.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2305. REVISION OF FAMILY HOUSING PROJECT AT TYNDALL AIR FORCE
BASE, FLORIDA.
The table in section 2302(a) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public Law 103-
160; 107 Stat. 1869) is amended in the item relating to Tyndall Air
Force Base, Florida, by striking out ``Infrastructure'' and inserting
in lieu thereof ``45 units''.
SEC. 2306. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS AT TYNDALL
AIR FORCE BASE, FLORIDA, FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
(a) Authorization.--The table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1867) is amended in the item relating to Tyndall Air
Force Base, Florida, by striking out ``$2,600,000'' and inserting in
lieu thereof ``$8,200,000''.
(b) Conforming Amendment.--Section 2304(a) of such Act (107 Stat.
1870) is amended--
(1) in the matter preceding the paragraphs, by striking out
``$2,040,031,000'' and inserting in lieu thereof
``$2,045,631,000''; and
(2) in paragraph (1), by striking out ``$877,539,000'' and
inserting in lieu thereof ``$883,139,000''.
SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3.
Of the amount authorized to be appropriated under section 301(4)
for the Air Force (and made available for real property maintenance),
$10,000,000 shall be available to the Secretary of the Air Force to
proceed with the modification of Air Force Plant No. 3, Tulsa,
Oklahoma.
SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIREMENT OF MINUTEMAN II
MISSILES.
Section 2307 of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1775) is
repealed.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(1), the Secretary of Defense may
acquire real property and carry out military construction projects for
the installations and locations inside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Defense Intelligence Bolling Air Force Base,
Defense Logistics Agency Defense Construction Supply
Center, Columbus, Ohio....... $2,200,000
Defense Contract Management
Area Office, El Segundo,
California................... $5,100,000
Defense Fuel Support Point,
Craney Island, Virginia...... $3,652,000
Headquarters, Defense
Logistics Agency, Ft.
Belvoir, Virginia............ $4,600,000
Defense Medical Facility $2,000,000
Office................. Fort Dix, New Jersey..........
Fort McPherson, Georgia....... $11,400,000
McClellan Air Force Base,
California................... $10,280,000
National Security Agency Fort Meade, Maryland.......... $5,458,000
Office Secretary of CONUS Classified, Classified
Defense. Location..................... $5,300,000
Section 6 Schools....... Naval Surface Warfare Center,
Virginia..................... $1,300,000
Special Operations Force Eglin Auxiliary Field No. 9,
Florida...................... $12,300,000
Kirtland Air Force Base, New
Mexico....................... $9,600,000
Naval Base Coronado, San
Diego, California............ $3,400,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11)(A), the Secretary of Defense may
construct or acquire family housing units (including land acquisition)
at the location, for the purpose, and in the amount set forth in the
following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Agency Purpose Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................ National Security Agency....... 1 unit........................ $300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2835 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2405(a)(11)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments), in
the total amount of $2,999,138,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $77,190,000.
(2) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$120,000,000.
(3) For military construction projects at Elmendorf Air
Force Base, Alaska, hospital replacement, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2599), $66,000,000.
(4) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102-484; 106 Stat. 2599),
$75,000,000.
(5) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $22,348,000.
(6) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$8,501,000.
(7) For architectural and engineering services and for
construction design under section 2807 of title 10, United
States Code, $45,960,000.
(8) For energy conservation projects authorized by section
2404, $50,000,000.
(9) For base closure and realignment activities as
authorized by title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note), $87,600,000.
(10) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,417,148,000.
(11) For military family housing functions:
(A) For construction and acquisition of military
family housing and facilities, $350,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $29,031,000, of which not more than
$24,051,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed the total amount authorized to be appropriated
under subsection (a)(1) of this section.
SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL WEAPONS
STATION, CHARLESTON, SOUTH CAROLINA.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(9), the Secretary of the Navy shall
transfer $3,000,000 to the South Carolina Department of Highways and
Public Transportation to be used for improvements to North Rhett
Avenue, which provides access to the Naval Weapons Station, Charleston,
South Carolina, to help alleviate the adverse effects of the closure of
the Charleston Naval Station and Charleston Naval Shipyard, South
Carolina, on the surrounding communities.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Infrastructure Program, as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1994, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Infrastructure Program, as authorized by
section 2501, in the amount of $119,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1994, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 133
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $145,067,000; and
(B) for the Army Reserve, $37,410,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $11,905,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $210,212,000; and
(B) for the Air Force Reserve, $55,516,000.
SEC. 2602. PROHIBITION ON USING FUNDS FOR UNAUTHORIZED GUARD AND
RESERVE PROJECTS.
Unless otherwise specifically authorized by a law enacted after the
date of the enactment of this Act, funds appropriated pursuant to the
authorization of appropriations in section 2601 may only be used for
the purpose of paying for the costs of acquisition, architectural and
engineering services, and construction of facilities for the Guard and
Reserve Forces (and for contributions for such purposes) under chapter
133 of title 10, United States Code, in the case of projects for the
Guard and Reserve Forces specified in the joint explanatory statement
of the committee of conference to accompany the bill H.R. 4301 of the
One Hundred and Third Congress.
SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
Section 2601 of the Military Construction Authorization Act for
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1878) is
amended--
(1) in paragraph (1), by striking out ``$283,483,000'' and
inserting in lieu thereof ``$289,398,000''; and
(2) in paragraph (2), by striking out ``$25,013,000'' and
inserting in lieu thereof ``$33,713,000''.
SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT DIX, NEW JERSEY.
Funds appropriated pursuant to the authorization of appropriations
in section 2601(1)(A) of the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2602)
for the renovation of facilities at Fort Dix, New Jersey, for the
purpose of accommodating a consolidated New Jersey National Guard
headquarters may also be used for additions and alterations to such
facilities for the same purpose.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Infrastructure program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1998.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 1997; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 1998 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1992
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190, 105 Stat. 1535), authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101,
2102, 2201, 2301, or 2601 of that Act, shall remain in effect until
October 1, 1995, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1996, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado....................... Fort Carson.................... Family Housing New
Georgia........................ Camp Merrill................... Family Housing New
Construction (36 Units)...... $4,550,000
Fort Benning................... General Instruction Facility.. $2,150,000
Oregon......................... Umatilla Depot Activity........ Ammunition Demilitarization
Support Facility............. $3,600,000
Ammunition Demilitarization
Utilities.................... $7,500,000
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi.................... Gulfport Naval Construction
West Virginia.................. Green Bank Naval Observatory... Alternate Operations Center... $5,400,000
Italy.......................... Sigonella Naval Air Station.... Operations Control Center..... $9,850,000
Outside United States.......... Various locations.............. Satellite terminal............ $8,770,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1992 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................... Eareckson Air Force Station Hazardous Materials Storage... $4,000,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
California..................... Stockton....................... Additions & Alterations CSMS.. $1,613,000
District of Columbia........... Fort Belvoir................... Addition, Aviation AASF....... $2,765,000
Maryland....................... Cheltenham..................... Armory........................ $3,300,000
Towson......................... DLOG Warehouse................ $373,000
Mississippi.................... West Point..................... Maintenance Shop.............. $1,270,000
Tupelo......................... Maintenance Shop.............. $992,000
Senatobia...................... Maintenance Shop.............. $723,000
Nevada......................... Washoe County.................. Maintenance Shop.............. $1,050,000
North Carolina................. Camp Butner.................... Range......................... $986,000
Ohio........................... Toledo......................... Armory........................ $3,183,000
Rhode Island................... Camp Varnum.................... Sewer and Water System........ $578,000
Camp Fogarty................... Armory........................ $5,151,000
West Virginia.................. Huntington..................... Guard&Reserve Center.......... $2,983,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts.................. Taunton........................ USAR Center................... $3,526,000
Ohio........................... Perrysburg..................... Reserve Center Addition....... $2,749,000
Pennsylvania................... Johnstown...................... Army&Marine Corps Aviation
Facility..................... $30,224,000
Tennessee...................... Jackson........................ Joint Training Facility....... $1,537,000
West Virginia.................. Huntington..................... Guard&Reserve Center.......... $6,617,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1991
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of
Public Law 101-510, 104 Stat. 1782), the authorizations for the
projects set forth in the tables in subsection (b), as provided in
section 2201 or 2401 of that Act and extended by section 2702(a) of the
Military Construction Authorization Act for Fiscal Year 1992 (division
B of Public Law 102-190; 105 Stat. 1535) and section 2702 of the
Military Construction Authorization Act for Fiscal Year 1994 (division
B of Public Law 103-160; 107 Stat. 1880), shall remain in effect until
October 1, 1995, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1996, whichever is
later.
(b) Table.--The tables referred to in subsection (a) is as follows:
Navy: Extension of 1991 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Connecticut.................... New London Naval Submarine Base Thames River Dredging......... $5,300,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1991 Project Authorization
----------------------------------------------------------------------------------------------------------------
State location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland....................... Defense Logistics Agency, $9,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1994; and
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. STRENGTHENING MONETARY LIMITATION ON RENOVATION OF
FACILITIES.
(a) Application of Limitation to Repairs.--Section 2811 of title
10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``repair projects and'' after
``carry out'';
(B) by striking out ``that combine maintenance,
repair, and minor construction projects''; and
(C) by adding at the end the following new
sentence: ``For purposes of this section, a repair
project combines maintenance and repair for a facility
and a renovation project combines maintenance, repair,
and minor construction projects.''; and
(2) in subsection (b), by inserting ``repair project or''
after ``such a''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2811. Repair or renovation of facilities''.
(2) The item related to such section in the table of sections at
the beginning of subchapter I of chapter 169 of title 10, United States
Code, is amended to read as follows:
``2811. Repair or renovation of facilities.''.
SEC. 2802. NAVY HOUSING INVESTMENT AGREEMENTS.
(a) Investment Agreements Authorized.--Subchapter II of chapter 169
of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2837. Investment agreements with private developers of housing
``(a) Investment Agreements.--The Secretary of the Navy may enter
into investment agreements with private developers to encourage the
construction of housing and accessory structures within commuting
distance of a military installation, under the jurisdiction of the
Secretary, at which there is a shortage of suitable housing to meet the
requirements of members of the naval service with or without
dependents.
``(b) Collateral Incentive Agreements.--The Secretary may also
enter into collateral incentive agreements with private developers who
enter into an investment agreement under subsection (a) to ensure that,
where appropriate--
``(1) members of the naval service will have priority for a
fair share of any housing within the scope of the investment
contract; or
``(2) rental rates or sale prices, as appropriate, for some
or all of the units will be affordable for such members.
``(c) Selection of Investment Opportunities.--Any investment
agreement under subsection (a) shall be made through the use of
publicly advertised, competitively bid or competitively negotiated,
contracting procedures, as provided in chapter 137 of this title.
``(d) Account.--(1) There is hereby established on the books of the
Treasury an account to be known as the `Navy Housing Investment
Account', which shall be administered by the Navy Housing Investment
Board established under section 2838 of this title.
``(2) There shall be deposited into the Account--
``(A) such funds as may be authorized for and appropriated
to the Account; and
``(B) any proceeds received from the repayment of
investments or profits on investments under subsection (a).
``(3) In such amounts as is provided in advance in appropriation
Acts, the Account shall be available for contracts, investments, and
expenses necessary for the implementation of this section and section
2838 of this title.
``(e) Report.--Not later than 60 days after the end of each fiscal
year in which the Secretary carries out activities under this section,
the Secretary shall transmit a report to Congress specifying the amount
and nature of the deposits into, and the expenditures from, the Account
during such fiscal year and of the amount and nature of all other
expenditures made pursuant to such section during such fiscal year.
``(f) Transfer of Navy Lands Prohibited.--Nothing in this section
shall be construed to permit the Secretary, as part of an agreement
entered into under this section, to transfer the right, title, or
interest of the United States in any real property under the
jurisdiction of the Secretary.
``(g) Expiration of Authority.--The authority of the Secretary to
enter into an agreement under this section shall expire on September
30, 1999.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2837. Investment agreements with private developers of housing.''.
SEC. 2803. NAVY HOUSING INVESTMENT BOARD.
(a) Investment Board Authorized.--Subchapter II of chapter 169 of
title 10, United States Code, is amended by inserting after section
2837 (as added by section 2802) the following new section:
``Sec. 2838. Navy Housing Investment Board
``(a) Establishment.--The Secretary of the Navy may establish a
board to be known as the `Navy Housing Investment Board'.
``(b) Members.--(1) The Navy Housing Investment Board shall be
composed of seven members appointed for a two-year term by the
Secretary. Among such members, the Secretary may appoint two persons
from the private sector who have knowledge and experience in the
financing and the construction of housing.
``(2) The Secretary shall designate one of the members as
chairperson of the Board.
``(3) Members of the Board, other than those members regularly
employed by the Federal Government, may be paid while attending
meetings of the Board or otherwise serving at the request of the
Secretary, compensation at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
actual performance of duties vested in the Board. Members shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5, United States Code.
``(c) Duties.--The Navy Housing Investment Board shall--
``(1) advise the Secretary regarding which proposed
investment agreements under section 2837 of this title, if any,
are financially and otherwise sound investments for meeting the
objectives of such section; and
``(2) assist the Secretary in such other ways as the
Secretary determines to be necessary and appropriate.
``(d) Termination of Board.--The Navy Housing Investment Board
shall terminate on November 30, 1999.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2837 (as added by section 2802) the following new item:
``2838. Navy Housing Investment Board.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE PROCESS OF
ADVANCE ECONOMIC PLANNING UNDERTAKEN BY COMMUNITIES
ADJACENT TO MILITARY INSTALLATIONS.
Section 2903(c)(3) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) is amended by adding at the end the following: ``However, in
recommending military installations for closure or realignment, the
Secretary (and the Commission in reviewing such recommendations) shall
not--
``(A) in calculating the economic impact of the closure or
realignment of a military installation, consider advance
economic planning undertaken by a community as a precaution
against the possible closure or realignment of the military
installation; or
``(B) otherwise penalize communities that undertake such
advance economic planning.''.
SEC. 2812. REPAYMENT OF STATE AND LOCAL COSTS INCURRED IN CONNECTION
WITH ESTABLISHMENT OF CERTAIN MILITARY INSTALLATIONS
SELECTED FOR CLOSURE.
(a) Repayment Required on Account of Closure.--In such aggregate
amount as may be provided in advance in appropriation Acts to carry out
this section, the Secretary of Defense shall repay a State, county, or
municipal entity (or an agency or political subdivision of any such
entity) for any funds described in subsection (b) that were expended or
obligated by such entity to assist the United States in establishing a
military installation described in subsection (e). The amount repaid
shall include interest, calculated at a rate that is the greater of the
interest rate of any bonds issued and the interest rate of Federal
Treasury notes.
(b) Description of Funds To Be Repaid.--The funds referred to in
subsection (a) that are required to be repaid shall include funds
raised and bonds issued for the purposes of military construction, pier
construction and improvement, land purchase, and infrastructure and
utility improvements in direct support of the military installation to
be closed.
(c) Base On-Time Cost Report.--Any payment required to be made
under subsection (a) with respect to a military installation shall be
used in the calculation of the Base On-Time Cost Report used to
determine the cost of closing the installation. A possible sale of
assets at the installation may not be included in such calculation.
(d) Prohibition of Certain Required Payments.--An entity described
in subsection (a), or an agency or political subdivision of such an
entity, may not be required to pay for the cost of any improvement at
the military installation.
(e) Military Installations Covered.--This section shall apply with
respect to military installations--
(1) for which construction in connection with the
establishment of the installation began on or after January 1,
1985; and
(2) which were selected for closure on or after January 1,
1993.
SEC. 2813. LIMITATION ON SOURCES OF FUNDS AVAILABLE TO IMPLEMENT BASE
CLOSURES AND REALIGNMENTS.
Section 2905(a)(1)(A) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) is amended by striking out ``and may use'' and all that follows
through ``maintenance;'' and inserting in lieu thereof ``and shall use
for such purposes funds in the Account;''.
SEC. 2814. PROHIBITION ON TRANSFER OF CERTAIN PROPERTY LOCATED AT
MILITARY INSTALLATIONS TO BE CLOSED PENDING COMPLETION OF
REDEVELOPMENT PLANS.
(a) Closures Under 1988 Act.--(1) Section 204(b)(3)(D) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100-526; 10 U.S.C. 2687 note) is amended by
adding at the end the following new sentence: ``Subject to
subparagraphs (E) and (F), pending the completion of the redevelopment
plan for the installation and approval of the redevelopment plan by the
Secretary, the Secretary shall ensure that all items of personal
property located at the installation are retained at the installation
unless the redevelopment authority identifies such items as unnecessary
to the reuse or redevelopment of the installation.''.
(b) Closures Under 1990 Act.--Section 2905(b)(3)(D) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the
end the following new sentence: ``Subject to subparagraphs (E) and (F),
pending the completion of the redevelopment plan for the installation
and approval of the redevelopment plan by the Secretary, the Secretary
shall ensure that all items of personal property located at the
installation are retained at the installation unless the redevelopment
authority identifies such items as unnecessary to the reuse or
redevelopment of the installation.''.
SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FUTURE MOBILIZATION
OPTIONS
(a) Report Required.--The Secretary of Defense shall prepare a
report evaluating the effect of base closures and realignments
conducted since January 1, 1987, on the ability of the Armed Forces to
remobilize to the end strength levels authorized for fiscal year 1987
by sections 401, 403, 411, 412, and 421 of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat.
3859). The report shall identify those military construction projects,
if any, that would be necessary to facilitate such remobilization and
any defense assets disposed of under a base closure or realignment,
such as air space, that would be difficult to reacquire in the event of
such remobilization.
(b) Time for Submission.--Not later than January 1, 1995, the
Secretary shall submit the report required by this section to Congress.
Not later than September 30, 1995, the Secretary shall revise and
resubmit the report to Congress to reflect the consequences of the
closure or realignment of military installations selected for closure
or realignment in 1995.
SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN EMPLOYEES IN
CONNECTION WITH CERTAIN BASE REALIGNMENTS.
(a) Restoration Required.--Section 6304(d)(3) of title 5, United
States Code, is amended--
(1) by striking ``closure of'' and inserting ``closure of,
and any realignment with respect to,'';
(2) by striking ``(3)'' and inserting ``(3)(A)''; and
(3) by adding at the end the following new subparagraph:
``(B) For the purpose of subparagraph (A), the term `realignment'
has the meaning given such term in section 2687(a)(2) of title 10.''.
(b) Application of Amendments.--The amendments made by subsection
(a) shall apply only with respect to the restoration of annual leave of
employees at military installations undergoing realignment if such
leave is lost by operation of section 6304 of title 5, United States
Code, on or after the date of the enactment of this Act.
SEC. 2817. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED MILITARY
INSTALLATIONS.
(a) Authorization To Rent Base Closure Properties.--To promote
the rapid conversion of military installations that are closed pursuant
to a base closure law, the Administrator of the General Services may
give priority consideration, when leasing space in accordance with the
Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) and the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.), to facilities of such an installation that have been acquired by
a non-Federal entity.
(b) Base Closure Law Defined.--For purposes of this section,
the term ``base closure law'' means the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
Subtitle C--Changes to Existing Land Conveyance Authority
SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL SUPPLY CENTER,
OAKLAND, CALIFORNIA.
Section 2834(b) the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2614) is
amended--
(1) is paragraph (1)--
(A) by striking out ``City'' the second place it
appears and inserting in lieu thereof ``Cities''; and
(B) by inserting ``the City of Alameda,
California,'' after ``California,'' the first place it
appears; and
(2) in paragraphs (2) and (3), by striking out ``City''
each place it appears and inserting in lieu thereof ``Cities''.
SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL MILITARY
RESERVATION, VIRGINIA.
(a) Participating Political Subdivisions.--Subsection (c)(3) of
section 603 of the Persian Gulf Conflict Supplemental Authorization and
Personnel Benefits Act of 1991 (Public Law 102-25, 105 Stat. 107) is
amended by striking out subparagraph (B) and inserting in lieu thereof
the following new subparagraph:
``(B) Subparagraph (A) shall not be construed to prohibit any
political subdivision not named in such subparagraph--
``(i) from initially participating in the written agreement
referred to in paragraph (2); or
``(ii) from agreeing at a later date to participate in the
regional correctional facility to be constructed and operated
on the parcel of land conveyed pursuant to this section either
as a member of the government or by contract with such
governmental entity.''.
(b) Time for Construction and Operation.--Subsection (d)(1)(A) of
such section is amended--
(1) by striking out clause (i) and inserting in lieu
thereof the following new clause:
``(i) construction of a regional correctional facility
pursuant to the agreement referred to in subsection (c)(2)
commence not later than April 1, 1997;''; and
(2) in clause (ii), by striking out ``five years after such
date'' and inserting in lieu thereof ``April 1, 2002''.
SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS, NAVAL WEAPONS
INDUSTRIAL RESERVE PLANT, NEW YORK, AS NATURE PRESERVE.
(a) Preservation as Nature Preserve Required.--Section 2854 of the
Military Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484, 106 Stat. 2626) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d); and
(2) by inserting before subsection (c), as so redesignated,
the following new subsections:
``(a) Purpose.--It is the purpose of this section to ensure that
the Calverton Pine Barrens is maintained and preserved, in perpetuity,
as a nature preserve in its current undeveloped state.
``(b) Prohibition on Inconsistent Development.--The Secretary of
the Navy shall not carry out or permit any development, commercial or
residential, at the Calverton Pine Barrens that is inconsistent with
the purpose specified in subsection (a).''.
(b) Conforming Amendment.--Subsection (c) of such section, as
redesignated by subsection (a)(1), is amended--
(1) by striking out ``Prohibition.--'' and inserting in
lieu therefore ``Reversionary Interest.--''; and
(2) by striking out ``for commercial purposes'' and all
that follows through the period and inserting in lieu thereof
``in a manner inconsistent with the purpose specified in
subsection (a) (as determined by the head of the department or
agency making the conveyance).''.
SEC. 2824. RELEASE OF REVERSIONARY INTEREST RETAINED AS PART OF
CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM, FORT DIX,
NEW JERSEY.
Section 2846 of the Military Construction Authorization Act for
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1904) is
amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3, TULSA, OKLAHOMA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the City of Tulsa, Oklahoma (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, which consists of approximately 337 acres located
in Tulsa, Oklahoma, and is known as Air Force Plant No. 3. The
Secretary may also convey facilities, equipment and fixtures (including
special tooling and special test equipment) located on the parcel to be
conveyed if the Secretary determines that manufacturing activities
requiring the use of such equipment are likely to continue or be
reinstated on the parcel after conveyance of the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may
lease the property, along with improvements thereon, to the City in
exchange for security services, fire protection, and maintenance
provided by the City for the property.
(c) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the City,
directly or through an agreement with a public or private entity, shall
use the conveyed property (or offer the conveyed property for use) for
economic redevelopment to replace all or a part of the economic
activity being lost at the parcel.
(d) Reversionary Interest.--During the five-year period beginning
on the date the Secretary makes the conveyance authorized under
subsection (a), if the Secretary determines that the conveyed real
property is not being used in accordance with subsection (c), all
right, title, and interest in and to the property (including any
facilities, equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under this
section shall be made on the record after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of such survey shall be borne by the City.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) or a lease under subsection (b) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59, JOHNSON CITY
(WESTOVER), NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Broome County Industrial
Development Authority (in this section referred to as the
``Authority''), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
containing Air Force Plant No. 59, Johnson City (Westover), New York.
The Secretary may also convey facilities, equipment and fixtures
(including special tooling and special test equipment) located on the
parcel to be conveyed if the Secretary determines that manufacturing
activities requiring the use of such equipment are likely to continue
or be reinstituted on the parcel after conveyance of the parcel.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may
lease the property, along with improvements thereon, to the Authority
in exchange for security services, fire protection, and maintenance
provided by the Authority for the property.
(c) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the Authority,
directly or through an agreement with another public or private entity,
shall use the conveyed property (or offer the conveyed property for
use) for economic redevelopment to replace all or a part of the
economic activity being lost at Air Force Plant No. 59.
(d) Reversionary Interest.--During the five-year period beginning
on the date the Secretary makes the conveyance authorized under
subsection (a), if the Secretary determines that the conveyed real
property is not being used in accordance with subsection (c), all
right, title, and interest in and to the property (including any
facilities, equipment, or fixtures conveyed) shall revert to the United
States, and the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under this
section shall be made on the record after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of such survey shall be borne by the Authority.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) or a lease under subsection (b) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, RADAR BOMB SCORING SITE, DICKINSON, NORTH
DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the North Dakota Board of Higher
Education (in this section referred to as the ``Board'') all right,
title, and interest of the United States in and to a parcel of real
property (including any improvements thereon) consisting of
approximately 4 acres located in Dickinson, North Dakota, which has
served as the location of a support complex, recreational facilities,
and housing facilities for the Radar Bomb Scoring Site, Dickinson,
North Dakota.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the Board--
(1) use the property, recreational facilities, and housing
facilities conveyed under such subsection for housing,
recreation, and other purposes that, as determined by the
Secretary, will promote and enhance educational opportunities
provided by Dickinson State University; or
(2) enter into an agreement with an appropriate public or
private entity to lease such property and facilities to that
entity for such uses.
(c) Reversionary Interest.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being used in
accordance with subsection (b), all right, title, and interest in and
to the conveyed property, including any improvements thereon, shall
revert to the United States, and the United States shall have the right
of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall be
determined by a survey satisfactory to the Secretary. The cost of such
survey shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE FACILITY, RIO VISTA,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Rio Vista, California (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to a parcel of real property (including improvements thereon)
containing the Reserve training facility located in Rio Vista,
California.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the City use the
property for recreational purposes.
(c) Consideration.--In recognition of the public use to which the
conveyed property will be devoted, the Secretary may require the City
to pay to the United States an amount equal to less than the fair
market value of the property, as determined by the Secretary, as
consideration for the conveyance under subsection (a).
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey that is satisfactory to the Secretary. The
cost of such survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2835. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT,
CALVERTON, NEW YORK.
(a) Conveyance Authorized.--To facilitate the economic
redevelopment of appropriate portions of the Naval Weapons Industrial
Reserve Plant located in Calverton, New York, the Secretary of the Navy
may convey to an appropriate redevelopment authority (designated by the
Secretary) all right, title, and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 2,900 acres comprising the fenced-in
portion of the Naval Weapons Industrial Reserve Plant. The conveyance
authorized under this subsection shall be made without consideration.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. Cost of
such survey shall be borne by the State of New York or the
redevelopment authority to whom the property is conveyed.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
authorized by subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2836. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY, IMPERIAL
BEACH, CORONADO, CALIFORNIA.
(a) Lease Authorized.--The Secretary of the Navy may lease to the
Young Men's Christian Association of San Diego County, a California
nonprofit public benefit corporation (in this section referred to as
the ``YMCA''), such interests in a parcel of real property (including
any improvements thereon) consisting of approximately 45 acres at the
Naval Radio Receiving Facility, Imperial Beach, Coronado, California,
as the Secretary considers appropriate for the YMCA to operate and
maintain a summer youth residence camp known as the YMCA San Diego
Unified Recreational Facility (Camp SURF). Pursuant to the lease, the
Secretary may authorize the YMCA to construct facilities on the parcel.
(b) Lease Terms.--The lease authorized in subsection (a) shall be
for a period of 50 years, or such longer period as the Secretary
determines to be in the best interests of the United States.
(c) Consideration.--As consideration for the lease of real property
under subsection (a), the YMCA shall--
(1) agree to maintain and enhance the natural resources of
the leased premises; and
(2) pay to the United States an amount in cash equal to the
difference between the rental price prescribed by the Secretary
under subsection (d) and the value of natural resources
maintenance and enhancements performed by the YMCA, as
determined by the Secretary.
(d) Determination of Rental Price.--Acknowledging the benefits the
YMCA has provided to the Armed Forces and the specific benefits Camp
Surf provides to the children of San Diego, the Secretary may prescribe
a rental price for the real property leased under subsection (a) that
is less than fair market value.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the lease under
subsection (a) as the Secretary considers necessary to protect the
operation of the Naval Radio Receiving Facility, Imperial Beach, and to
protect the interests of the United States.
SEC. 2837. RELEASE OF REQUIREMENTS AND REVERSIONARY INTEREST ON CERTAIN
PROPERTY IN BALTIMORE, MARYLAND.
(a) Release Required.--The Secretary of Defense may release the
requirements and the reversionary interest of the United States that
are described in section 2 of the Act entitled ``An Act granting a site
for a dry-dock in the city of Baltimore upon certain conditions.'',
approved June 19, 1878 (Chapter 310; 20 Stat. 167).
(b) Additional Terms and Conditions.--The Secretary may require
such additional terms or conditions in connection with the release
required under this section as the Secretary considers appropriate to
protect the interests of the United States.
(c) Instrument of Release.--The Secretary may execute and file in
the appropriate office a deed of release, amended deed, or other
appropriate instrument effectuating the release of the reversionary
interest under this section.
SEC. 2838. RELEASE OF REVERSIONARY INTEREST ON CERTAIN PROPERTY IN YORK
COUNTY, JAMES CITY COUNTY, AND NEWPORT NEWS, VIRGINIA.
(a) Release Authorized.--The Secretary of the Navy may release the
reversionary interest of the United States in the real property
conveyed by the deed described in subsection (b).
(b) Deed Description.--The deed referred to in subsection (a) is a
deed between the United States and the Commonwealth of Virginia dated
August 17, 1966, which conveyed to the Commonwealth of Virginia certain
parcels of land located in York County, James City County, and the city
of Newport News, Virginia.
(c) Additional Terms.--The Secretary may require such additional
terms or conditions in connection with the release under this section
as the Secretary considers appropriate to protect the interests of the
United States and to ensure that the real property will continue to be
used for a public purpose.
(d) Instrument of Release.--The Secretary may execute and file in
the appropriate office a deed of release, amended deed, or other
appropriate instrument effectuating the release of the reversionary
interest under this section.
SEC. 2839. TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT RADAR SITE,
HOLBROOK, ARIZONA.
(a) Transfer Authorized.--As part of the closure of an Air Force
radar site located near Holbrook, Arizona, the Secretary of the Air
Force may transfer administrative jurisdiction of housing units used in
connection with the site to the Secretary of the Interior for use as
employee housing for the Petrified Forest National Park.
(b) Description of Property.--The exact acreage and legal
description of the real property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Air Force and the Secretary of the Interior.
(c) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the transfer under subsection (a) as the Secretary considers
appropriate.
SEC. 2840. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army shall convey,
without consideration, to the City of Edison, New Jersey (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property (including
improvements thereon) included on the real property inventory of Fort
Dix, New Jersey, which consists of approximately 10 acres and contains
recreational fields and an unused garage identified as building 1072 on
the real property inventory.
(b) Condition of Conveyance.--The conveyance required by subsection
(a) shall be subject to the condition that the City--
(1) maintain and use the recreational fields conveyed under
such subsection for recreational purposes; and
(2) permit the women's softball team known as the Edison
Angels (and any successor to such team) to continue to use such
recreational fields on the same terms and conditions as
contained in the agreement between the team and the Secretary,
in existence on the date of the enactment of this Act.
(c) Reversionary Interest.--All right, title, and interest of the
City in and to the property conveyed under subsection (a) (including
improvements thereon) shall revert to the United States, and the United
States shall have the right of immediate reentry on the property, if
the Secretary determines that the City is not complying with the
conditions specified in subsection (b).
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
such survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2841. LAND CONVEYANCE, NAVAL SHIPYARD, VALLEJO, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of Vallejo, California (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property (including
improvements thereon) described in subsection (b), which is located on
Mare Island in Vallejo, California, and is currently under the control
of Mare Island Naval Shipyard Command.
(b) Description of Property.--The parcel of real property to be
conveyed under subsection (a) shall consist of all existing active
dredge ponds and nontidal areas on Mare Island under the jurisdiction
of the Navy, except that the parcel shall not include the nontidal
areas identified in figure 3 of the Memorandum of Understanding between
the United States Fish and Wildlife Service and Mare Island Naval
Shipyard, dated July 28, 1988. The exact acreage and legal description
of the real property to be conveyed shall be determined by a survey
satisfactory to the Secretary. The cost of such survey shall be borne
by the City.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle E--Other Matters
SEC. 2851. AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT HUENEME,
CALIFORNIA, TO USE CERTAIN NAVY PROPERTY.
(a) Joint Use Agreement Authorized.--The Secretary of the Navy may
enter into an agreement with the Oxnard Harbor District, Port Hueneme,
California, a special district of the State of California (in this
section referred to as the ``District''), under which the District may
use United States Navy Wharf Number 3 and associated real property
comprising up to 25 acres located at the Naval Construction Battalion
Center, Port Hueneme, California (in this section referred to as the
``Center'').
(b) Term of Agreement.--The agreement authorized under subsection
(a) may be for an initial period of not more than 15 years. Under the
agreement, the Secretary shall provide the District with an option to
extend the agreement for three additional periods of five years each.
(c) Conditions on Use.--The agreement authorized under subsection
(a) shall require the District--
(1) to suspend operations under the agreement in the event
Navy contingency operations are conducted at the Center; and
(2) to use the property covered by the agreement in a
manner consistent with Navy operations conducted at the Center.
(d) Consideration.--(1) As consideration for the use of the
property covered by the agreement under subsection (a), the District
shall pay to the Navy an amount equal to the fair market rental value
of the property, as determined by the Secretary taking into
consideration the District's use of the property.
(2) The Secretary may include a provision in the agreement
requiring the District--
(A) to pay the Navy an amount (as determined by the
Secretary) to cover the costs of replacing at the Center any
facilities vacated by the Navy on account of the agreement or
to construct suitable replacement facilities for the Navy; and
(B) to pay the Navy an amount (as determined by the
Secretary) for the costs of relocating Navy operations from the
vacated facilities to the replacement facilities.
(e) Congressional Notification.--The Secretary may not enter into
the agreement authorized by subsection (a) until the end of the 21-day
period beginning on the date on which the Secretary submits to Congress
a report containing an explanation of the terms of the proposed
agreement and a description of the consideration that the Secretary
expects to receive under the agreement.
(f) Use of Payment.--(1) In such amounts as is provided in advance
in appropriation Acts, the Secretary may use amounts paid under
subsection (d)(1) to pay for general supervision, administration, and
overhead expenses and for improvement, maintenance, repair,
construction, or restoration to the port operations area (or to roads
and railways serving the area) at the Center.
(2) In such amounts as is provided in advance in appropriation
Acts, the Secretary may use amounts paid under subsection (d)(2) to pay
for constructing new facilities, or making modifications to existing
facilities, that are necessary to replace facilities vacated by the
navy on account of the agreement under subsection (a) and for
relocating operations of the Navy from the vacated facilities to
replacement facilities.
(g) Construction by District.--The Secretary may authorize the
District to demolish existing facilities located on the property
covered by the agreement under subsection (a) and, consistent with the
restriction specified in subsection (c)(2), construct new facilities on
the property for joint use by the District and the Navy.
(h) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the agreement
authorized under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2852. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR DEFENSE
PERSONNEL.
(a) Establishment.--The Secretary of Defense shall establish and
conduct an education and training program for members of the Armed
Forces and civilian employees of the Department of Defense whose
responsibilities include planning or executing the environmental
mission of the Department. The Secretary shall conduct the program to
ensure that such members and employees obtain and maintain the
knowledge and skill required to comply with existing environmental laws
and regulations.
(b) Identifying Environmental Training Centers.--As part of the
program, the Secretary shall identify military facilities that have
existing expertise (or the capacity to develop such expertise) in
conducting education and training activities in various environmental
disciplines. The Secretary may designate such facilities as national
environmental training centers and shall encourage the use of such a
center by members and employees referred to in subsection (a) who are
not under the jurisdiction of the military department operating the
center.
SEC. 2853. REPEAL OF RESTRICTION ON LAND TRANSACTIONS RELATING TO
PRESIDIO OF SAN FRANCISCO, CALIFORNIA.
Section 2856 of the Military Construction Authorization Act for
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1908) is
repealed.
SEC. 2854. REPORT ON USE OF MILITARY INSTALLATIONS IN OKINAWA.
(a) Report Required.--Not later than October 15, 1994, the
Secretary of Defense shall submit a report to Congress regarding the
United States military presence in Okinawa.
(b) Content of Report.--The report required by this section shall
contain the following:
(1) A description and evaluation of United States security
needs in Okinawa.
(2) An infrastructure inventory and utilization rate of
defense facilities in Okinawa.
(3) An evaluation of the economic and environmental impact
that these facilities have on the citizens of Okinawa.
(4) A description of any action that the Secretary of
Defense can undertake to affirmatively respond to requests from
the Okinawan Prefectural Government for the exchange or return
of lands held by the Secretary.
(5) An evaluation of the extent to which the assistance of
the Government of Japan is required in order to close United
States military installations in Okinawa or exchange or return
of lands held by the Secretary in Okinawa.
SEC. 2855. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION EASEMENT.
(a) Modification.--Section 6 of the Act of July 2, 1948 (62 Stat.
1229), as added by section 2862 of the Military Construction
Authorization Act for Fiscal Year 1991 (division B of Public Law 101-
510; 104 Stat. 1805), is amended by adding at the end the following new
sentence: ``In addition, such height restriction shall not apply to the
structure proposed to be constructed on a parcel of real property that
is within the area conveyed under this Act and is identified as 1110
Santa Rosa Boulevard, Fort Walton Beach, Florida, so long as the
proposed structure upon completion does not exceed a height of 155 feet
above mean low-water level.''.
(b) Instrument of Release.--The Secretary of the Air Force shall
execute and file in the appropriate office any instrument necessary to
effect the modification of the avigation easement referred to in the
amendment made by subsection (a).
SEC. 2856. CONTINUED OPERATION OF MILITARY MEDICAL TREATMENT FACILITY
AT K. I. SAWYER AIR FORCE BASE, MICHIGAN.
(a) Sense of Congress.--In light of the large number of retired
military personnel and their dependents who currently receive health
care services at the military medical treatment facility located at K.
I. Sawyer Air Force Base, Michigan, which was selected to be closed
pursuant to the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), it is the
sense of Congress that the Secretary of Defense and the Secretary of
the Air Force should pursue all practicable options (including transfer
of the facility to the jurisdiction of the Department of Veterans
Affairs) necessary to keep the facility in operation to serve the
health care needs of retired military personnel and their dependents.
(b) Retired Military Personnel Defined.--For purposes of this
section, the term ``retired military personnel'' means members and
former members of the uniformed services who--
(1) are entitled to retired or retainer pay, or equivalent
pay; and
(2) are eligible to receive medical and dental care in
facilities of the uniformed services under section 1074(b) of
title 10, United States Code.
SEC. 2857. TECHNICAL AMENDMENT TO CORRECT REFERENCE IN LAND
TRANSACTION.
Section 2842(c) of the Military Construction Authorization Act for
Fiscal Year 1994 (division B of Public Law 103-160; 107 Stat. 1898) is
amended by striking out ``Washington Gas Company'' and inserting in
lieu thereof ``American Water Company''.
SEC. 2858. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND DISPOSAL
OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS AT MILITARY
INSTALLATIONS.
Section 2692(b) of title 10, United States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (7);
(2) by striking out the period at the end of paragraph (8)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) The treatment and disposal of any material that is
not owned by the Department of Defense if the Secretary of the
military department concerned determines that the material is
required or generated by a private person in connection with
the authorized and compatible use by that person of an
industrial-type facility of that military department and the
Secretary enters into a contract with that person that is
consistent with the best interest of national defense and
economic and environmental security and is based on mutually
agreeable terms.''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Research and Development.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
research and development in carrying out weapons activities necessary
for national security programs in the amount of $1,339,937,000, to be
allocated as follows:
(1) For core research and development, $795,251,000, to be
allocated as follows:
(A) For operating expenses, $653,341,000.
(B) For capital equipment, $69,420,000.
(C) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $72,490,000, to be
allocated as follows:
Project GPD-101, general plant projects,
various locations, $8,500,000.
Project 95-D-102, CMR upgrades, Los Alamos
National Laboratory, New Mexico, $3,300,000.
Project 94-D-102, nuclear weapons research,
development, and testing facilities
revitalization, Phase V, various locations,
$13,000,000.
Project 92-D-102, nuclear weapons research,
development, and testing facilities
revitalization, Phase IV, various locations,
$21,810,000.
Project 90-D-102, nuclear weapons research,
development, and testing facilities
revitalization, Phase III, various locations,
$4,900,000.
Project 88-D-106, nuclear weapons research,
development, and testing facilities
revitalization, Phase II, various locations,
$20,980,000.
(2) For stockpile stewardship for operating expenses,
$152,419,000.
(3) For inertial fusion, $176,473,000, to be allocated as
follows:
(A) For operating expenses, $166,755,000.
(B) For capital equipment, $9,718,000.
(4) For technology transfer, $215,794,000, to be allocated
as follows:
(A) For operating expenses, $209,794,000.
(B) For capital equipment, $6,000,000.
(b) Testing.--Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1995 for testing in carrying out
weapons activities necessary for national security programs in the
amount of $192,300,000, to be allocated as follows:
(1) For testing capabilities and readiness $186,000,000, to
be allocated as follows:
(A) For operating expenses, $150,000,000.
(B) For capital equipment, $15,000,000.
(C) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $21,000,000, to be
allocated as follows:
Project GPD-101, general plant projects,
various locations, $4,000,000.
Project 93-D-102, Nevada support facility,
North Las Vegas, Nevada, $17,000,000.
(2) For Marshall Islands dose reconstruction, $6,300,000,
to be allocated as follows:
(A) For operating expenses, $5,830,000.
(B) For capital equipment, $470,000.
(c) Stockpile Support.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
stockpile support in carrying out weapons activities necessary for
national security programs in the amount of $1,605,556,000 to be
allocated as follows:
(1) For operating expenses for stockpile support,
$1,393,085,000.
(2) For operating expenses for reconfiguration,
$94,271,000.
(3) For capital equipment, $12,880,000.
(4) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$105,320,000, to be allocated as follows:
Project 88-D-122, facilities capability assurance
program, various locations, $14,820,000.
Project GPD-121, general plant projects, various
locations, $1,000,000.
Project 95-D-122, sanitary sewer upgrade Y-12
Plant, Oak Ridge, Tennessee, $2,200,000.
Project 94-D-124, hydrogen fluoride supply system,
Oak Ridge Y-12 Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94-D-125, upgrade life safety, Kansas City
Plant, Kansas City, Missouri, $1,000,000.
Project 94-D-127, emergency notification system,
Pantex Plant, Amarillo, Texas, $1,000,000.
Project 94-D-128, environmental safety and health
analytical laboratory, Pantex Plant, Amarillo, Texas,
$1,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant,
Oak Ridge, Tennessee, $5,000,000.
Project 88-D-123, security enhancements, Pantex
Plant, Amarillo, Texas, $15,000,000.
Project 93-D-123, complex-21, various locations,
$58,000,000.
(d) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
program direction in carrying out weapons activities necessary for
national security programs in the amount of $154,852,000, to be
allocated as follows:
(1) For weapons program direction, operating expenses,
$152,498,000.
(2) For capital equipment, $2,354,000.
(e) Adjustments.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a) through (d) reduced by $89,276,000, for
use of prior year balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Corrective Activities.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
corrective activities in carrying out environmental restoration and
waste management activities necessary for national security programs
for plant projects (including maintenance, restoration, planning,
construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land
acquisition related thereto) for Project 92-D-403, tank upgrades
project, Lawrence Livermore National Laboratory, California, $512,000.
(b) Environmental Restoration.--(1) Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 1995 for
environmental restoration for operating expenses in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $1,527,469,000.
(2) The amount authorized to be appropriated pursuant to this
subsection is the amount authorized to be appropriated in paragraph (1)
reduced by $133,900,000, as a result of the productivity savings
initiative.
(c) Waste Management.--(1) Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for waste
management in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $2,852,682,000, to be allocated as follows:
(A) For operating expenses, $2,384,066,000.
(B) For capital equipment, $104,790,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$363,826,000, to be allocated as follows:
Project GPD-171, general plant projects, various
locations, $23,542,000.
Project 95-D-401, radiological support facilities,
Richland, Washington, $1,585,000.
Project 95-D-402, install permanent electrical
service, WIPP, $700,000.
Project 95-D-403, hazardous waste storage facility,
AL, $597,000.
Project 95-D-405, industrial landfill V and
construction demolition landfill VII, Y12 Plant,
Oakridge, Tennessee, $1,000,000.
Project 95-D-406, road 5-01 reconstruction, area 5,
Nevada, $2,338,000.
Project 95-D-407, 219-S secondary containment
upgrade, Richland, Washington, $2,000,000.
Project 95-D-408, Phase II liquid effluent
treatment and disposal, RL, $7,100,000.
Project 94-D-400, high explosive wastewater
treatment system, Los Alamos National Laboratory, Los
Alamos, New Mexico, $1,000,000.
Project 94-D-402, liquid waste treatment system,
Nevada Test Site, Nevada, $3,292,000.
Project 94-D-404, Melton Valley storage tank
capacity increase, Oak Ridge National Laboratory, Oak
Ridge, Tennessee, $21,373,000.
Project 94-D-406, low-level waste disposal
facilities, K-25, Oak Ridge, Tennessee, $6,000,000.
Project 94-D-407, initial tank retrieval systems,
Richland, Washington, $17,700,000.
Project 94-D-408, office facilities--200 East,
Richland, Washington, $4,000,000.
Project 94-D-411, solid waste operation complex,
Richland, Washington, $42,200,000.
Project 94-D-416, solvent storage tanks
installation, Savannah River, South Carolina,
$1,700,000.
Project 94-D-417, intermediate-level and low-
activity waste vaults, Savannah River, South Carolina,
$300,000.
Project 93-D-174, plant drain waste water treatment
upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000.
Project 93-D-178, building 374 liquid waste
treatment facility, Rocky Flats, Golden, Colorado,
$3,300,000.
Project 93-D-181, radioactive liquid waste line
replacement, Richland, Washington, $3,300,000.
Project 93-D-182, replacement of cross-site
transfer system, Richland, Washington, $14,810,000.
Project 93-D-183, multi-tank waste storage
facility, Richland, Washington, $88,605,000.
Project 93-D-187, high-level waste removal from
filled waste tanks, Savannah River, Aiken, South
Carolina, $26,525,000.
Project 92-D-177, tank 101-AZ waste retrieval
system, Richland, Washington, $5,000,000.
Project 92-D-188, waste management ES&H, and
compliance activities, various locations, $2,846,000.
Project 91-D-171, waste receiving and processing
facility, module 1, Richland, Washington, $3,995,000.
Project 90-D-172, aging waste transfer line,
Richland, Washington, $3,819,000.
Project 90-D-177, RWMC transuranic (TRU) waste
characterization and storage facility, Idaho National
Engineering Laboratory, Idaho, $1,747,000.
Project 90-D-178, TSA retrieval enclosure, ID,
$7,594,000.
Project 89-D-173, tank farm ventilation upgrade,
Richland, Washington, $300,000.
Project 89-D-174, replacement high-level waste
evaporator, Savannah River, South Carolina,
$18,000,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, California, $5,900,000.
Project 83-D-148, nonradioactive hazardous waste
management, Savannah River, South Carolina, $6,000,000.
Project 81-T-105, defense waste processing
facility, Savannah River, South Carolina, $45,058,000.
(2) The total amount authorized to be appropriated pursuant to this
subsection is the sum of the amounts authorized to be appropriated in
paragraph (1) reduced by $160,800,000, as a result of the productivity
savings initiative.
(d) Technology Development.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
technology development in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $426,409,000, to be allocated as follows:
(1) For operating expenses, $386,974,000.
(2) For capital equipment, $25,435,000.
(3) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto), for Project
95-E-600, Hazardous materials training center, Richland,
Washington, $14,000,000.
(e) Transportation Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
transportation management in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $20,684,000, to be allocated as follows:
(1) For operating expenses, $20,240,000.
(2) For capital equipment, $444,000.
(f) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
program direction in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $84,948,000, to be allocated as follows:
(1) For operating expenses, $83,748,000.
(2) For capital equipment, $1,200,000.
(g) Facility Transition and Management.--(1) Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1995 for facility transition and management in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $795,857,000, to be
allocated as follows:
(A) For operating expenses, $685,550,000.
(B) For capital equipment, $23,947,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$86,360,000, to be allocated as follows:
Project GPD-171, general plant projects, various
locations, $20,495,000.
Project 95-D-453, primary highway route north of
the Wye Barricade, Richland, Washington, $2,500,000.
Project 95-D-454, 324 facility compliance/
renovation, Richland, Washington, $1,500,000.
Project 95-D-455, Idaho National Engineering
Laboratory radio communications upgrade, Idaho National
Engineering Laboratory, Idaho, $1,440,000.
Project 95-D-456, Security facilities upgrade,
Idaho chemical processing plant, Idaho National
Engineering Laboratory, Idaho, $986,000.
Project 94-D-122, underground storage tanks, Rocky
Flats, Colorado, $2,500,000.
Project 94-D-401, emergency response facility,
Idaho National Engineering Laboratory, Idaho,
$5,219,000.
Project 94-D-412, 300 area process sewer piping
system upgrade, Richland, Washington, $7,800,000.
Project 94-D-415, Idaho National Engineering
Laboratory medical facilities, Idaho National
Engineering Laboratory, Idaho, $4,920,000.
Project 94-D-451, infrastructure replacement, Rocky
Flats Plant, Golden, Colorado, $10,600,000.
Project 93-D-172, electrical upgrade, Idaho
National Engineering Laboratory, Idaho, $7,800,000.
Project 93-D-184, 325 facility compliance/
renovation, Richland, Washington, $1,000,000.
Project 93-D-186, 200 area unsecured core area
fabrication shop, Richland, Washington, $4,000,000.
Project 92-D-125, Master safeguards and security
agreement/materials surveillance task force security
upgrades, Rocky Flats Plant, Golden, Colorado,
$2,100,000.
Project 92-D-181, INEL fire and life safety
improvements, Idaho National Engineering Laboratory,
Idaho, $6,000,000.
Project 92-D-182, INEL sewer system upgrade, Idaho
National Engineering Laboratory, Idaho, $1,900,000.
Project 92-D-186, steam system rehabilitation,
phase II, Richland, Washington, $5,600,000.
(2) The total amount authorized to be appropriated pursuant to this
subsection is the sum of the amounts authorized to be appropriated in
paragraph (1) reduced by $5,000,000, as a result of the productivity
savings initiative.
(h) Prior Year Balances.--The total amount authorized to be
appropriated pursuant to this section is the sum of the amounts
authorized to be appropriated in subsections (a) through (g) reduced by
$240,300,000, for use of prior year balances.
SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS.
(a) Materials Support.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for
materials support in carrying out nuclear materials support necessary
for national security programs in the amount of $910,255,000, to be
allocated as follows:
(1) For reactor operations, $163,634,000.
(2) For processsing of nuclear materials, $410,468,000.
(3) For supporting services, $167,776,000.
(4) For capital equipment, $52,427,000.
(5) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$59,950,000, to be allocated as follows:
Project 95-D-154, Health physics site support
facility, Savannah River, South Carolina, $2,000,000.
Project 93-D-147, domestic water system upgrade,
Phases I and II, Savannah River, South Carolina,
$11,300,000.
Project 93-D-148, replace high-level drain lines,
Savannah River, South Carolina, $2,700,000.
Project 93-D-152, environmental modification for
production facilities, Savannah River, South Carolina,
$2,900,000.
Project 92-D-143, health protection instrument
calibration facility, Savannah River, South Carolina,
$3,000,000.
Project 90-D-149, plantwide fire protection, Phases
I and II, Savannah River, South Carolina, $5,000,000.
Project GPD-146, general plant projects, various
locations, $21,000,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River, South Carolina, $750,000.
Project 95-D-156, radio trunking system, Savannah
River, South Carolina, $2,100,000.
Project 95-D-157, D-area powerhouse life extension,
Savannah River, South Carolina, $4,000,000.
Project 92-D-150, operations support facilities,
Savannah River, South Carolina, $2,000,000.
Project 92-D-153, engineering support facility,
Savannah River, South Carolina, $3,200,000.
(6) For program direction, $56,000,000.
(b) Other Defense Programs.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1995 for other
defense programs in carrying out nuclear materials support and other
defense programs necessary for national security programs in the amount
of $691,204,000, to be allocated as follows:
(1) For verification and control technology, $352,102,000,
to be allocated as follows:
(A) For operating expenses, $336,229,000.
(B) For capital equipment, $15,873,000.
(2) For nuclear safeguards and security, $85,816,000, to be
allocated as follows:
(A) For operating expenses, $82,421,000.
(B) For capital equipment, $3,395,000.
(3) For security investigations, $38,827,000.
(4) For security evaluations, $14,780,000.
(5) For the Office of Nuclear Safety, $24,679,000, to be
allocated as follows:
(A) For operating expenses, $24,629,000.
(B) For capital equipment, $50,000.
(6) For worker and community transition, $125,000,000.
(7) For fissile material control and disposition,
$50,000,000.
(c) Naval Reactors.--Funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1995 for naval reactors in
carrying out nuclear materials support and other defense programs
necessary for national security programs in the amount of $730,651,000,
to be allocated as follows:
(1) For naval reactors development, $698,651,000, to be
allocated as follows:
(A) For operating expenses:
(i) For plant development, $146,700,000.
(ii) For reactor development, $348,951,000.
(iii) For reactor operation and evaluation,
$136,000,000.
(iv) For program direction, $18,800,000.
(B) For capital equipment, $28,200,000.
(C) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $20,000,000, to be
allocated as follows:
Project GPN-101, general plant projects,
various locations, $6,200,000.
Project 95-D-200, laboratory systems and
hot cell upgrades, various locations,
$2,400,000.
Project 95-D-201, Advanced test reactor
radioactive waste system upgrades, Idaho
National Engineering Laboratory, Idaho,
$700,000.
Project 93-D-200, Engineering services
facilities, Knolls Atomic Power Laboratory,
Niskayuna, New York, $7,900,000.
Project 92-D-200, laboratories facilities
upgrades, various locations, $2,800,000.
(2) For enrichment materials for operating expenses,
$32,000,000.
(d) Adjustments.--The total amount that may be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a), (b), and (c) reduced by--
(1) $40,000,000, for recovery of overpayment to the
Savannah River Pension Fund; and
(2) $343,406,000, for use of prior year balances for
materials support and other defense programs.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1995 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $129,430,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and 30 days has elapsed after the date on which such committees
receive the report, the Secretary may not use amounts appropriated
pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 102 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of, the
Congress.
(b) Report; Computation of Deadline for Submission.--(1) The report
referred to in subsection (a) is a report containing a full and
complete statement of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which the Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects provisions
authorized by this title if the total estimated cost of the
construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $2,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by section 3101, 3102, or 3103, or which
is in support of national security programs of the Department of Energy
and was authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to the Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the action and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 calendar days
to a day certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1) Except
as provided in paragraph (2), the Secretary of Energy may transfer
funds authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations. Amounts of
authorizations so transferred may be merged with and be available for
the same purposes and for the same time period as the authorization to
which the amounts are transferred.
(2) Not more than five percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than five percent
by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items that have a
higher priority than the items from which the funds are
transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by the Congress.
(c) Notice to Congress.--The Secretary of Energy shall promptly
notify the Congress of transfers made under the authority of this
section.
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.
(a) In General.--(1) Within the amounts authorized by this title
for plant engineering and design, the Secretary of Energy may carry out
advance planning and construction design (including architectural and
engineering services) in connection with any proposed construction
project if the total estimated cost for such planning and design does
not exceed $2,000,000.
(2) In the case of any project in which the total estimated cost
for advance planning and design exceeds $300,000, the Secretary shall
notify the congressional defense committees in writing of the details
of such project at least 30 days before any funds are obligated for
design services for such project.
(b) Specific Authority Required.--In any case in which the total
estimated cost for advance planning and construction design in
connection with any construction project exceeds $2,000,000, funds for
such planning and design must be specifically authorized by law.
SEC. 3126. REQUIREMENT OF CONCEPTUAL DESIGN FOR REQUEST OF CONSTRUCTION
FUNDS.
(a) Requirement of Conceptual Design.--The Secretary of Energy may
not make a request to the Congress for funds for a construction project
which is in support of national security programs of the Department of
Energy until the Secretary submits to the congressional defense
committees a conceptual design for that project.
(b) Exception.--The requirement of subsection (a) does not apply to
emergency planning, design, and construction activities under section
3127.
SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy, including those funds authorized to be
appropriated for advance planning and construction design under
sections 3101, 3102, and 3103, to perform planning, design, and
construction activities for any Department of Energy defense activity
construction project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety, meet the
needs of national defense, or protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b) does
not apply to emergency planning, design, and construction activities
conducted under this section.
(d) Report.--The Secretary of Energy shall promptly report to the
congressional defense committees any exercise of authority under this
section.
SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3129. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts appropriated for
operating expenses, plant projects, and capital equipment may remain
available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING PROGRAM.
(a) Conduct of Program.--(1) As part of the stockpile stewardship
program established in section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (42 U.S.C. 2121 note), the
Secretary of Energy shall conduct a stockpile stewardship recruitment
and training program at the Sandia National Laboratories, the Lawrence
Livermore National Laboratory, and the Los Alamos National Laboratory.
(2) The recruitment and training program shall be conducted in
coordination with the Chairman of the Nuclear Weapons Council
established in section 179 of title 10, United States Code, and the
directors of the laboratories referred to in paragraph (1).
(b) Support of Dual-Use Programs.--(1) As part of the recruitment
and training program, the directors of the laboratories referred to in
subsection (a)(1) may hire undergraduate students, graduate students,
and postdoctoral fellows and sponsor research conducted by such
individuals for military or nonmilitary dual-use programs related to
nuclear weapons stockpile stewardship.
(2) Of amounts appropriated to the Secretary of Energy pursuant to
section 3101(a)(1) for weapons activities for core research and
development and allocated by the Secretary for education initiatives,
$5,000,000 shall be made available for carrying out paragraph (1). The
amount made available under this paragraph shall be allocated equally
among the laboratories referred to in subsection (a)(1).
(c) Establishment of Retiree Corps.--As part of the training and
recruitment program, the Secretary, in coordination with the directors
of the laboratories referred to in subsection (a)(1), shall establish a
retiree corps for the laboratories under which the directors shall hire
on a part-time basis retired scientists who have expertise in the
research and development of nuclear weapons to provide appropriate
assistance on nuclear weapons issues, to contribute relevant
information to be archived, and to help to provide training to other
scientists.
(d) Report.--(1) Not later than February 1, 1995, the Secretary of
Energy shall submit to the congressional defense committees a report on
the personnel demographic trends at the laboratories referred to in
subsection (a)(1) and on actions taken by the Department of Energy to
remedy identified shortfalls in various skill areas.
(2) The report shall be prepared in coordination with the Chairman
of the Nuclear Weapons Council and the directors of the laboratories.
Information included in the report shall be aggregated and compiled
into statistical categories.
(3) The report shall include the following:
(A) An inventory of the weapons-related tasks that the
laboratories need to perform to support their nuclear weapons
responsibilities.
(B) An inventory of the skills necessary to complete the
weapons-related tasks referred to in subparagraph (A).
(C) For each laboratory, a specification of the number of
scientists needed in each skill area to perform such tasks.
(D) A statement of the number of scientists in each skill
area at each laboratory, by age.
(E) An assessment of which skill areas are understaffed.
(F) A statement of the number of scientists entering the
weapons program at each laboratory, and their skill areas.
(G) A statement of the number of full-time equivalent
personnel with weapon skills, their distribution by skill and,
for each such skill, their distribution by age.
(H) A statement of the number of scientists retiring from
the weapons program and the skill areas in which they worked in
the year preceding their retirement.
(I) Based on the information contained in subparagraphs (A)
through (H), a projection of what areas will become
understaffed in the five years following the date of the
submission of the report.
(J) A statement of alternatives for retaining and
recruiting scientists for the weapons programs at the
laboratories in order to preserve a sufficient skill base and
to fulfill stockpile stewardship responsibilities.
(K) The recommendations of the Secretary for implementing
any of the alternatives referred to in subparagraph (J).
SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.
Of the funds authorized to be appropriated by this title to the
Department of Energy for fiscal year 1995, $176,473,000 shall be
available for the defense inertial confinement fusion program, of
which--
(1) not less than $20,765,000 shall be available for
program activities at the University of Rochester, Rochester,
New York; and
(2) not less than $8,750,000 shall be available for program
activities at the Naval Research Laboratory, Washington,
District of Columbia.
SEC. 3133. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substances
Response Trust, from funds appropriated to the Department of Energy for
environmental restoration and waste management activities pursuant to
section 3102, stipulated civil penalties assessed under the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9601 et seq.) in amounts as follows:
(1) $50,000, assessed against the Fernald Environmental
Management Project, Ohio, under such Act.
(2) $50,000, assessed against the Portsmouth Gaseous
Diffusion Plant, Ohio, under such Act.
SEC. 3134. WATER MANAGEMENT PROGRAMS.
From funds authorized to be appropriated pursuant to section 3102
to the Department of Energy for environmental restoration and waste
management activities, the Secretary of Energy may reimburse the cities
of Westminster, Broomfield, Thornton, and Northglenn, in the State of
Colorado, $11,415,000 for the cost of implementing water management
programs. Reimbursements for the water management programs shall not be
considered a major Federal action for purposes of section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
SEC. 3135. WORKER PROTECTION AT NUCLEAR WEAPONS FACILITIES.
Of the funds authorized to be appropriated by this title to the
Department of Energy for fiscal year 1995 for waste management
activities for environmental restoration and waste management
activities necessary for national security programs, $11,000,000 shall
be available to carry out activities authorized under section 3131 of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 42 U.S.C. 7274d), relating to worker protection at
nuclear weapons facilities.
SEC. 3136. WORKER HEALTH AND PROTECTION.
Of amounts appropriated to the Department of Energy for fiscal year
1995 pursuant to section 3101 for weapons activities for operating
expenses, $2,500,000 shall be available for activities relating to the
Hanford health information network established pursuant to the
authority set forth in section 3138 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1834).
SEC. 3137. LIMITATION ON USE OF PROGRAM DIRECTION FUNDS.
The Secretary of Energy may not obligate more than 50 percent of
the funds appropriated pursuant to this title for fiscal year 1995 for
operating expenses for program direction in carrying out environmental
restoration and waste management activities necessary for national
security programs until the Secretary submits to the Congress the
reports required to be submitted under subsections (a) and (d) of
section 3153 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1950) in the year during which that
fiscal year ends.
SEC. 3138. LIMITATION ON USE OF FUNDS FOR NEW CONSTRUCTION PROJECTS.
The Secretary of Energy may not obligate or expend funds
appropriated for a new construction project until the Secretary has
approved a conceptual design for that project. In this section, the
term ``new construction project'' means a construction project
necessary for national security programs of the Department of Energy
for which funds were initially requested for fiscal year 1995.
SEC. 3139. LIMITATION ON USE OF FUNDS FOR SPECIAL ACCESS PROGRAMS.
None of the funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1995 pursuant to this title may be
obligated for a limited access program or special access program until
the Secretary of Energy submits to the congressional defense committees
the report required under section 93 of the Atomic Energy Act of 1954
(42 U.S.C. 2122a).
SEC. 3140. PROHIBITION ON PREFINANCING.
The Secretary of Energy may not set aside funds appropriated to the
Secretary for national security programs for any fiscal year for the
purpose of retaining personnel of the Department of Energy in the event
that there is a lapse of funds appropriated for such purpose for the
following fiscal year.
SEC. 3141. INTERNATIONAL CENTER FOR APPLIED RESEARCH.
(a) Establishment.--(1) The Secretary of Energy shall establish an
International Center for Applied Research to promote the following
activities:
(A) The application in the United States of hydrogen
technology research derived from tritium production.
(B) The development of beneficial uses of nuclear
materials.
(C) The research and development of innovative methods for
the treatment and disposal of nuclear materials.
(D) The development of specifications for the
decommissioning of nuclear materials.
(E) The research and development of any technologies that
the Secretary considers appropriate and that are likely to be
commercialized.
(2) The Center shall be established at a Department of Energy
nuclear weapon production facility at which the Secretary has
successfully demonstrated environmental technologies as part of the
Integrated Demonstration for Volatile Organic Compounds Program
conducted by the Secretary.
(3) The Center shall be operated by a nonprofit entity established
by State statute to accomplish economic development through applied
science and technology that, as determined by the Secretary--
(A) has demonstrated successful management of diverse teams
of organizations who have technical experience in industrial
research and development of high technology programs; and
(B) has available facilities adjacent to the Department of
Energy nuclear weapon production facility to carry out the
activities of the Center.
(b) Availability of Funds.--Of amounts authorized to be
appropriated in section 3101(c), $12,000,000 shall be available to
establish the Center referred to in subsection (a).
SEC. 3142. LIMITATION ON STUDY OR RELOCATION OF TRITIUM-RELATED
ACTIVITIES AND OPERATIONS.
None of the funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1995 pursuant to this title may be
used to study or relocate tritium-related activities and operations
from the Mound Plant, Ohio, to a facility other than a weapons
production facility having demonstrated tritium production and handling
experience as recommended by the Department's independent consultants
that reviewed the ``Nonnuclear Reconfiguration Cost Effectiveness
Report'' of January 1993.
Subtitle D--Other Matters
SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY FUNDS.
The Secretary of Energy shall establish procedures to account for
the use of funds, in each fiscal year beginning with fiscal year 1995,
for the performance of the programs and activities of the Department of
Energy for which funds are appropriated for national security programs
of the Department of Energy. The procedures shall account for funds
appropriated for such programs and activities which are not used for
the purpose for which such funds were appropriated. The procedures
shall provide for an accounting of all encumbered funds, unencumbered
funds, unobligated funds, costed funds, and uncosted obligations of the
Department of Energy in each such fiscal year.
SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.
(a) Approval by Nuclear Weapons Council.--Subsection (d) of section
179 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) Coordinating and approving activities conducted by
the Department of Energy for the study, development,
production, and retirement of nuclear warheads, including
concept definition studies, feasibility studies, engineering
development, hardware component fabrication, warhead
production, and warhead retirement.''.
(b) Report.--Such section is further amended by adding at the end
the following new subsection:
``(e) Annual Report.--(1) Each fiscal year, before the preparation
of the annual budget request of the Department of Energy, the Chairman
of the Council shall submit to the Secretary of Energy a report on the
following:
``(A) The effectiveness and efficiency of the Council, and
of the deliberative and decisionmaking processes used by the
Council, in carrying out the responsibilities described in
subsection (d).
``(B) A description of all activities conducted by the
Department of Energy during that fiscal year, or planned to be
conducted by the Department of Energy during the next fiscal
year, for the study, development, production, and retirement of
nuclear warheads and that have been approved by the Council,
including a description of--
``(i) the concept definition activities and
feasibility studies conducted or planned to be
conducted by the Department of Energy;
``(ii) the schedule for completion of each such
activity or study; and
``(iii) the degree to which each such activity or
study is consistent with United States policy for new
nuclear warhead development or warhead modifications
and with established or projected military
requirements.
``(2) Each fiscal year, at the same time as the submission of the
President's budget, the Secretary of Energy shall submit the report
referred to in paragraph (1), in classified form, to the Committees on
Armed Services and Appropriations of the Senate and House of
Representatives.''.
(c) Technical Amendment.--Subsections (a)(3) and (b) of such
section are amended by striking out ``appointed'' each place it appears
and inserting in lieu thereof ``designated''.
SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN ACTIVITIES AT THE
NEVADA TEST SITE, NEVADA.
Not later than March 1, 1995, the Secretary of Energy shall submit
to the Congress a report on the feasibility of conducting the following
activities at the Nevada Test Site, Nevada:
(1) The demilitarization of large rocket motor and
conventional ordnance.
(2) Disarmament and demilitarization, generally.
(3) The conduct of experiments that assist in monitoring
compliance with international agreements on the
nonproliferation of nuclear weapons.
(4) The provision of support to the Department of Energy
nuclear weapons complex.
(5) The conduct of programs for the Department of Energy
and the Department of Defense to develop simulator technologies
for nuclear weapons design and effects, including advanced
hydrodynamic simulators, inertial confinement fusion test
facilities, and nuclear weapons effects simulators (such as the
Decade and Jupiter simulators).
(6) The conduct of the stockpile stewardship program
established pursuant to section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public
Law 103-160).
(7) Experiments related to the non-proliferation of nuclear
weapons, including experiments with respect to disablement,
nuclear forensics, sensors, and verification and monitoring.
SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR WEAPONS
PRODUCTION CYCLE.
(a) Report.--Not later than March 31, 1995, the Secretary of Energy
shall submit to the Congress a report that contains a description of
all waste streams generated during each step of the complete cycle of
production and disposition of nuclear weapon components by the
Department of Energy. The description for each such step shall be based
on a unit of analysis that is appropriate for that step. The report
shall include an estimate of the volume of waste generated per unit of
analysis and an analysis of the toxicity of each waste stream.
(b) Definitions.--In this section:
(1) The term ``waste stream'' means waste materials the
storage, treatment, or disposition of which is regulated under
Federal law, except that such term does not include usable
source materials and usable special nuclear materials.
(2) The terms ``source material'' and ``special nuclear
material'' have the meaning given such terms in section 11(z)
and (aa), respectively, of the Atomic Energy Act of 1954 (42
U.S.C. 2014(z), (aa)).
SEC. 3155. RELEASE OF CERTAIN RESTRICTED DATA.
Subsection (f) of section 142 of the Atomic Energy Act of 1954 (42
U.S.C. 2162(f)) is amended by adding at the end the following: ``This
subsection does not preclude the President from releasing to a degree
and in a manner which is more limited than a public release of such
data any Restricted Data which is exchanged with a member state of the
Commonwealth of Independent States pursuant to a bilateral exchange of
such data.''.
SEC. 3156. DESIGNATION OF MARILYN LLOYD SCHOLARSHIP AND FELLOWSHIP
PROGRAM.
(a) Designation.--Section 3132(a) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7274e) is
amended by adding at the end the following: ``The scholarship and
fellowship program shall be known as the `Marilyn Lloyd Scholarship and
Fellowship Program'.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 3, 1995.
SEC. 3157. REPORT ON ECONOMIC REDEVELOPMENT AND CONVERSION ACTIVITIES
RESULTING FROM RECONFIGURATION OF DEPARTMENT OF ENERGY
NUCLEAR WEAPONS COMPLEX.
(a) In General.--Not later than March 1, 1995, the Secretary of
Energy shall submit to the Congress information on economic
redevelopment and conversion activities that, in the determination of
the Secretary, may result from the reconfiguration of the Department of
Energy nuclear weapons complex. The Secretary may submit the
information in a report or submit the programmatic environmental impact
statement referred to in section 3145(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1949) and include the information in that statement.
(b) Contents.--The information referred to in subsection (a) shall
include the following:
(1) An analysis of the existing condition and capabilities
of the facilities of the nuclear weapons complex.
(2) A description of the technologies and processes at such
facilities that have the potential to be developed in
collaboration with private industry, State, local, or tribal
governments, institutions of higher education, or non-profit
organizations.
(3) An estimate of the costs associated with economic
redevelopment and conversion activities as a result of the
reconfiguration of the nuclear weapons complex.
(4) A description of how the Secretary will coordinate with
local interests regarding such activities.
SEC. 3158. PROHIBITION ON DISCLOSURE OF CERTAIN INFORMATION ON EXPOSURE
TO RADIATION RELEASED FROM HANFORD NUCLEAR RESERVATION.
Section 3138 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1834) is amended by adding at
the end the following new subsection:
``(d) Prohibition on Disclosure of Exposure Information.--(1)
Except as provided in paragraph (2), a person (including the Secretary
of Energy, an officer or employee of a State, or any other person
participating in or receiving assistance under a program established
under this section) may not disclose to the public any information
obtained through the program that identifies a person who may have been
exposed to radiation released from the Hanford Nuclear Reservation or
that identifies a person participating in any of the programs developed
under this section. Information prohibited from disclosure under this
subsection shall include--
``(A) the name, address, and telephone number of a person
requesting information referred to in subsection (b)(1);
``(B) the name, address, and telephone number of a person
who has been referred to a health care professional under
subsection (b)(2);
``(C) the name, address, and telephone number of a person
who has been registered and monitored pursuant to subsection
(b)(3);
``(D) information that identifies the person from whom
information referred to in this paragraph was obtained under
the program or any other third party involved with, or
identified, by any such information so obtained; and
``(E) any other personal or medical information that
identifies a person or party referred to in subparagraphs (A)
through (D).
``(2) Information referred to in paragraph (1) may be disclosed to
the public if the person identified by the information, or the person's
legal representative, has consented in writing to the disclosure.
``(3) The States of Washington, Oregon, and Idaho shall establish
procedures for carrying out this subsection, including procedures
governing the disclosure of information under paragraph (2).''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1995,
$18,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. CONDITIONS ON AUTHORITY TO DISPOSE OF CERTAIN STRATEGIC AND
CRITICAL MATERIALS.
Section 3302(f) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2649) is amended by
striking out ``before October 1, 1994.'' and inserting in lieu thereof
the following: ``until after the President certifies to Congress that--
``(1) there is a reliable domestic source for the adequate
and timely production of these materials; and
``(2) such source can be called upon in times of a national
emergency or a significant mobilization of the Armed Forces.''.
SEC. 3302. REJECTION OF CHANGE IN STOCKPILING PRINCIPLES.
(a) Establishment of Principles.--Section 2(c) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98a(c)) is amended--
(1) in paragraph (2), by striking out ``Before October 1,
1994, the quantities'' and inserting in lieu thereof ``The
quantities''; and
(2) by striking out paragraph (3).
(b) Biennial Report on Stockpile Requirements.--Section 14(b) of
such Act (50 U.S.C. 98h-5(b)) is amended--
(1) in the second sentence, by striking out ``Before
October 1, 1994, such assumptions'' and inserting in lieu
thereof ``Such assumptions''; and
(2) by striking out the third sentence.
SEC. 3303. LIMITATIONS ON THE DISPOSAL OF CHROMITE AND MANGANESE ORES.
(a) Preference for Domestic Upgrading.--In offering to enter into
agreements pursuant to any provision of law for the disposal of
chromite and manganese ores of metallurgical grade from the National
Defense Stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c), the President
shall give a right of first refusal on all such offers to domestic
ferroalloy upgraders.
(b) Domestic Ferroalloy Upgrader Defined.--For purposes of this
section, the term ``domestic ferroalloy upgrader'' means a company or
other business entity that, as determined by the President--
(1) is engaged in operations to upgrade chromite or
manganese ores of metallurgical grade or is capable of engaging
in such operations; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in the
United States.
(c) Application of Section.--The requirements specified in
subsection (a) shall apply during fiscal year 1995.
SEC. 3304. CONDITIONAL PROHIBITION ON PROPOSED DISPOSAL OF ZINC FROM
NATIONAL DEFENSE STOCKPILE.
(a) Prohibition.--Except as provided in subsection (b), the
President may not proceed with the disposal from the National Defense
Stockpile of any portion of the 75,000 short tons of zinc that was
proposed for disposal in the annual materials plan submitted to
Congress under section 11(b) of such Act (50 U.S.C. 98h-2) in March
1994.
(b) Exception.--Subsection (a) shall not apply to the disposal of
zinc from the National Defense Stockpile if the President certifies to
Congress before proceeding with such disposal that any such disposal
would not cause any undue disruption of the usual markets of producers,
processors, and consumers of zinc.
(c) Definition.--For purposes of this section, the term ``National
Defense Stockpile'' means the stockpile provided for in section 4 of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
SEC. 3305. SPECIAL PROGRAM FOR CONVERSION OF LOW CARBON FERRO CHROMIUM
TO HIGH PURITY ELECTROLYTIC CHROMIUM METAL.
(a) Required Upgrading.--During each of the fiscal years 1995 and
1996, the President shall obtain bids from domestic producers of high
purity electrolytic chromium metal for the conversion of low carbon
ferro chromium held in the National Defense Stockpile. On the basis of
such bids, the President shall award contracts for the conversion of
such chromium into high purity electrolytic chromium metal for
inclusion in the National Defense Stockpile.
(b) Quantities To Be Upgraded.--Contracts awarded under subsection
(a) shall provide for the addition of not less than 500 short tons of
high purity electrolytic chromium metal to the National Defense
Stockpile during each of the fiscal years covered by subsection (a).
(c) Use of Barter.--The President shall carry out this section only
through the use of the barter authority provided to the President under
section 6(c) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98e(c)) for the management of the National Defense
Stockpile.
(d) Definition.--For purposes of this section, the term ``National
Defense Stockpile'' means the stockpile provided for in section 4 of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
TITLE XXXIV--CIVIL DEFENSE
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated $129,658,000 for
fiscal year 1995 for the purpose of carrying out title VI of The Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), as added by section 3402.
SEC. 3402. TRANSFER OF FEDERAL CIVIL DEFENSE ACT OF 1950 TO THE ROBERT
T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT.
(a) Inclusion as Additional Title.--The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is
amended--
(1) by redesignating title VI as title VII;
(2) by redesignating sections 601, 602, 603, and 604 as
sections 701, 702, 703, and 704, respectively; and
(3) by inserting after title V the following new title VI:
``TITLE VI--FEDERAL CIVIL DEFENSE
``SEC. 601. DECLARATION OF POLICY.
``The purpose of this title is to provide a system of civil defense
for the protection of life and property in the United States from
hazards and to vest responsibility for civil defense jointly in the
Federal Government and the several States and their political
subdivisions. The Congress recognizes that the organizational structure
established jointly by the Federal Government and the several States
and their political subdivisions for civil defense purposes can be
effectively utilized to provide relief and assistance to people in
areas of the United States struck by a hazard. The Federal Government
shall provide necessary direction, coordination, and guidance and shall
provide necessary assistance as authorized in this title.
``SEC. 602. DEFINITIONS.
``In this title:
``(1) The term `hazard' means an emergency or disaster
resulting from--
``(A) a natural disaster; or
``(B) an accidental or man-caused event, including
a civil disturbance and an attack-related disaster.
``(2) The term `attack-related disaster' means any attack
or series of attacks by an enemy of the United States causing,
or which may cause, substantial damage or injury to civilian
property or persons in the United States in any manner by
sabotage or by the use of bombs, shellfire, or nuclear,
radiological, chemical, bacteriological, or biological means or
other weapons or processes.
``(3) The term `natural disaster' means any hurricane,
tornado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, drought, fire, or other catastrophe in any
part of the United States which causes, or which may cause,
substantial damage or injury to civilian property or persons.
``(4) The term `civil defense' means all those activities
and measures designed or undertaken to minimize the effects of
a hazard upon the civilian population, to deal with the
immediate emergency conditions which would be created by the
hazard, and to effectuate emergency repairs to, or the
emergency restoration of, vital utilities and facilities
destroyed or damaged by the hazard. Such term shall include the
following:
``(A) Measures to be undertaken in preparation for
anticipated hazards (including the establishment of
appropriate organizations, operational plans, and
supporting agreements, the recruitment and training of
personnel, the conduct of research, the procurement and
stockpiling of necessary materials and supplies, the
provision of suitable warning systems, the construction
or preparation of shelters, shelter areas, and control
centers, and, when appropriate, the non-military
evacuation of civil population).
``(B) Measures to be undertaken during a hazard
(including the enforcement of passive defense
regulations prescribed by duly established military or
civil authorities, the evacuation of personnel to
shelter areas, the control of traffic and panic, and
the control and use of lighting and civil
communications).
``(C) Measures to be undertaken following a hazard
(including activities for fire fighting, rescue,
emergency medical, health and sanitation services,
monitoring for specific dangers of special weapons,
unexploded bomb reconnaissance, essential debris
clearance, emergency welfare measures, and immediately
essential emergency repair or restoration of damaged
vital facilities).
``(5) The term `organizational equipment' means equipment
determined by the Director to be necessary to a civil defense
organization, as distinguished from personal equipment, and of
such a type or nature as to require it to be financed in whole
or in part by the Federal Government. Such term does not
include those items which the local community normally utilizes
in combating local disasters except when required in unusual
quantities dictated by the requirements of the civil defense
plans.
``(6) The term `materials' includes raw materials,
supplies, medicines, equipment, component parts and technical
information and processes necessary for civil defense.
``(7) The term `facilities', except as otherwise provided
in this title, includes buildings, shelters, utilities, and
land.
``(8) The term `Director' means the Director of the Federal
Emergency Management Agency.
``(9) The term `neighboring countries' includes Canada and
Mexico.
``(10) The term `State' includes interstate civil defense
authorities established under section 611(g).
``SEC. 603. ADMINISTRATION OF TITLE.
``This title shall be carried out by the Director of the Federal
Emergency Management Agency.
``Subtitle A--Powers and Duties
``SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.
``The Director is authorized, in order to carry out the policy
described in section 601 to perform the following functions:
``(a) Prepare national plans and programs for the civil
defense of the United States, making such use of plans and
programs previously initiated by the National Security
Resources Board as is feasible; sponsor and direct such plans
and programs; and request such reports on State plans and
operations for civil defense as may be necessary to keep the
President, Congress, and the several States advised of the
status of civil defense in the United States.
``(b) Delegate, with the approval of the President, to the
several departments and agencies of the Federal Government
appropriate civil defense responsibilities and review and
coordinate the civil defense activities of the departments and
agencies with each other and with the activities of the States
and neighboring countries.
``(c) Make appropriate provision for necessary civil
defense communications and for dissemination of warnings to the
civilian population of a hazard.
``(d) Study and develop civil defense measures designed to
afford adequate protection of life and property, including
research and studies as to the best methods of treating the
effects of hazards, developing shelter designs and materials
for protective covering or construction, and developing
equipment or facilities and effecting the standardization
thereof to meet civil defense requirements.
``(e) Conduct or arrange, by contract or otherwise, for
training programs for the instruction of civil defense
officials and other persons in the organization, operation, and
techniques of civil defense; conduct or operate schools or
including the payment of travel expenses, in accordance with
subchapter I of chapter 57 of title 5, United States Code, and
the Standardized Government Travel Regulations, and per diem
allowances, in lieu of subsistence for trainees in attendance
or the furnishing of subsistence and quarters for trainees and
instructors on terms prescribed by the Director; and provide
instructors and training aids as deemed necessary. The terms
prescribed by the Director for the payment of travel expenses
and per diem allowances authorized by this subsection shall
include a provision that such payment shall not exceed \1/2\ of
the total cost of such expenses. Not more than one national
civil defense college and three civil defense technical
training schools shall be established under the authority of
this subsection. The Director is authorized to lease real
property required for the purpose of carrying out the
provisions of this subsection, but shall not acquire fee title
to property unless specifically authorized by law.
``(f) Publicly disseminate appropriate civil defense
information by all appropriate means.
``(g) Assist and encourage the States to negotiate and
enter into interstate civil defense compacts; review the terms
and conditions of such proposed compacts in order to assist, to
the extent feasible, in obtaining uniformity therein and
consistency with the national civil defense plans and programs;
assist and coordinate the activities thereunder; and aid and
assist in encouraging reciprocal civil defense legislation by
the States which will permit the furnishing of mutual aid for
civil defense purposes in the event of a hazard which cannot be
adequately met or controlled by a State or political
subdivision thereof threatened with or experiencing a hazard. A
copy of each such civil defense compact shall be transmitted
promptly to the Senate and the House of Representatives. The
consent of Congress shall be granted to each such compact, upon
the expiration of the first period of 60 calendar days of
continuous session of the Congress following the date on which
the compact is transmitted to it; but only if, between the date
of transmittal and expiration of such 60-day period, there has
not been passed a concurrent resolution stating in substance
that the Congress does not approve the compact. Nothing in this
subsection shall be construed as preventing Congress from
withdrawing at any time its consent to any such compact.
``(h) Procure by condemnation or otherwise, construct,
lease, transport, store, maintain, renovate or distribute
materials and facilities for civil defense, with the right to
take immediate possession thereof. Facilities acquired by
purchase, donation, or other means of transfer may be occupied,
used, and improved for the purposes of this title, prior to the
approval of title by the Attorney General as required by
section 355 of the Revised Statutes (40 U.S.C. 255). The
Director shall report not less often than quarterly to the
Congress all property acquisitions made pursuant to this
subsection. The Director is authorized to lease real property
required for the purpose of carrying out the provisions of this
subsection, but shall not acquire fee title to property unless
specifically authorized law. The Director is authorized to
procure and maintain under this subsection radiological
instruments and detection devices, protective masks, and gas
detection kits, and distribute the same by loan or grant to the
States for civil defense purposes, under such terms and
conditions as the Director shall prescribe.
``(i) Make financial contributions, on the basis of
programs or projects approved by the Director, to the States
for civil defense purposes, including the procurement,
construction, leasing, or renovating of materials and
facilities. Such contributions shall be made on such terms or
conditions as the Director shall prescribe, including the
method of purchase, the quantity, quality, or specifications of
the materials or facilities, and such other factors or care or
treatment to assure the uniformity, availability, and good
condition of such materials or facilities. No contributions
shall be made under this subsection for the procurement of land
or for the purchase of personal equipment for State or local
civil defense workers. The amounts authorized to be contributed
by the Director to each State for organizational equipment
shall be equally matched by such State from any source it
determines is consistent with its laws. Financial contributions
to the States for shelters and other protective facilities
shall be determined by taking the amount of funds appropriated
or available to the Director for such facilities in each fiscal
year and apportioning such funds among the States in the ratio
which the urban population of the critical target areas (as
determined by the Director, after consultation with the
Secretary of Defense) in each State, at the time of the
determination, bears to the total urban population of the
critical target areas of all of the States. The amounts
authorized to be contributed by the Director to each State for
such shelters and protective facilities shall be equally
matched by such State from any source it determines is
consistent with its laws and, if not matched within a
reasonable time, the Director may reallocate same to other
States under the formula described in the preceding sentence.
The value of any land contributed by any State or political
subdivision thereof shall be excluded from the computation of
the State share under this subsection. The amounts paid to any
State under this subsection shall be expended solely in
carrying out the purposes set forth herein and in accordance
with State civil defense programs or projects approved by the
Director. The Director shall make no contribution toward the
cost of any program or project for the procurement,
construction, or leasing of any facility which (1) is intended
for use, in whole or in part, for any purpose other than civil
defense, and (2) is of such kind that upon completion it will,
in the judgment of the Director, be capable of producing
sufficient revenue to provide reasonable assurance of the
retirement or repayment of such cost; except that (subject to
the preceding sentences of this subsection) the Director may
make a contribution to any State toward that portion of the
cost of the construction, reconstruction, or enlargement of any
facility which the Director determines to be directly
attributable to the incorporation in such facility of any
feature of construction or design not necessary for the
principal intended purpose thereof but which is, in the
judgment of the Director necessary for the use of such facility
for civil defense purposes. The Director shall report not less
often than annually to Congress all contributions made pursuant
to this subsection. All laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed with the assistance of any
contribution of Federal funds made by the Director under this
subsection shall be paid wages at rates not less than those
prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act (40
U.S.C. 276a-276a-5)), and every such employee shall receive
compensation at a rate not less than one and \1/2\ times the
basic rate of pay of the employee for all hours worked in any
workweek in excess of eight hours in any workday or 40 hours in
the workweek, as the case may be. The Director shall make no
contribution of Federal funds without first obtaining adequate
assurance that these labor standards will be maintained upon
the construction work. The Secretary of Labor shall have, with
respect to the labor standards specified in this subsection,
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.), and section 2 of the Act
of June 13, 1934 (40 U.S.C. 276(c)).
``(j) Arrange for the sale or disposal of materials and
facilities found by the Director to be unnecessary or
unsuitable for civil defense purposes in the same manner as
provided for excess property under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
Any funds received as proceeds from the sale or other
disposition of such materials and facilities shall be covered
into the Treasury as miscellaneous receipts.
``SEC. 612. MUTUAL AID PACTS BETWEEN SEVERAL STATES AND NEIGHBORING
COUNTRIES.
``The Director shall give all practicable assistance to States in
arranging, through the Department of State, mutual civil defense aid
between the States and neighboring countries.
``SEC. 613. IDENTITY INSIGNIA.
``The Director may prescribe insignia, arm bands, and other
distinctive articles (including designs previously covered under
Letters Patent which were assigned to the United States and held by the
Office of Civilian Defense created by Executive Order Numbered 8757
issued May 20, 1941) which may be manufactured for or possessed or worn
by persons engaged in civil defense activities pursuant to rules and
regulations for the manufacture, possession, or wearing thereof
established by the Director. The manufacture, possession, or wearing of
any such insignia, arm band, or other distinctive article otherwise
than in accordance with such rules and regulations shall be unlawful
and shall subject such person to a fine of not more than $1,000 or
imprisonment of not more than one year, or both.
``SEC. 614. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.
``(a) General Authority.--To further assist in carrying out the
purposes of this title, the Director may make financial contributions
to the States (including interstate civil defense authorities
established pursuant to section 611(g)) for necessary and essential
State and local civil defense personnel and administrative expenses, on
the basis of approved plans (which shall be consistent with the
national plan for civil defense approved by the Director) for the civil
defense of the States. The financial contributions to the States under
this section shall not exceed \1/2\ of the total cost of such necessary
and essential State and local civil defense personnel and
administrative expenses.
``(b) Plan Requirements.--Plans submitted under this section
shall--
``(1) provide, pursuant to State law, that the plan shall
be in effect in all political subdivisions of the State and be
mandatory on them and be administered or supervised by a single
State agency;
``(2) provide that the State shall share the financial
assistance with that provided by the Federal Government under
this section from any source determined by it to be consistent
with State law;
``(3) provide for the development of State and local civil
defense operational plans, pursuant to standards approved by
the Director;
``(4) provide for the employment of a full-time civil
defense director, or deputy director, by the State;
``(5) provide that the State shall make such reports in
such form and content as the Director may require; and
``(6) make available to duly authorized representatives of
the Director and the Comptroller General, books, records, and
papers necessary to conduct audits for the purposes of this
section.
``(c) Terms and Conditions.--The Director shall establish such
other terms and conditions as the Director considers necessary and
proper to carry out this section.
``(d) Application of Other Provisions.--In carrying out this
section, the provisions of section 611(g) and 621(h) shall apply.
``(e) Allocation of Funds.--For each fiscal year concerned, the
Director shall allocate to each State, in accordance with regulations
and the total sum appropriated hereunder, amounts to be made available
to the States for the purposes of this section. Regulations governing
allocations to the States under this subsection shall give due regard
to (1) the criticality of the target and support areas and the areas
which may be affected by hazards with respect to the development of the
total civil defense readiness of the Nation, (2) the relative state of
development of civil defense readiness of the State, (3) population,
and (4) such other factors as the Director shall prescribe. The
Director may reallocate the excess of any allocation not utilized by a
State in a plan submitted hereunder. Amounts paid to any State or
political subdivision under this section shall be expended solely for
the purposes set forth herein.
``(f) Submission of Plan.--In the event a State fails to submit a
plan for approval as required by this section within 60 days after the
Director notifies the States of the allocations hereunder, the Director
may reallocate such funds, or portions thereof, among the other States
in such amounts as, in the judgment of the Director will best assure
the adequate development of the civil defense capability of the Nation.
``(g) Annual Reports.--The Director shall report annually to the
Congress all contributions made pursuant to this section.
``SEC. 615. REQUIREMENT FOR STATE MATCHING FUNDS FOR CONSTRUCTION OF
EMERGENCY OPERATING CENTERS.
``Notwithstanding any other provision of this title, funds
appropriated to carry out this title may not be used for the purpose of
constructing emergency operating centers (or similar facilities) in any
State unless such State matches in an equal amount the amount made
available to such State under this title for such purpose.
``SEC. 616. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZARDS.
``Funds made available to the States under this title may be used
by the States for the purposes of preparing for hazards and providing
emergency assistance in response to hazards. Regulations prescribed to
carry out this section shall authorize the use of civil defense
personnel, materials, and facilities supported in whole or in part
through contributions under this title for civil defense activities and
measures related to hazards.
``Subtitle B--General Provisions
``SEC. 621. ADMINISTRATIVE AUTHORITY.
``For the purpose of carrying out the powers and duties assigned to
the Director under this title, the Director may exercise the following
administrative authorities:
``(a) Employ civilian personnel for duty in the United
States, including the District of Columbia, or elsewhere,
subject to the civil-service laws, and to fix the compensation
of such personnel in accordance with subchapter III of chapter
51 and chapter 53 of title 5, United States Code.
``(b) Employ not more than 100 such part-time or temporary
advisory personnel (including not to exceed 25 subjects of the
United Kingdom and the Dominion of Canada) as are deemed
necessary in carrying out the provisions of this title. Persons
holding other offices or positions under the United States for
which they receive compensation, while serving as members of
such committees, shall receive no additional compensation for
such service. Other members of such committees and other part-
time or temporary advisory personnel so employed may serve
without compensation or may receive compensation at a rate not
to exceed $50 for each day of service, as determined by the
Director.
``(c) Utilize the services of Federal agencies and, with
the consent of any State or local government, accept and
utilize the services of State and local civil agencies;
establish and utilize such regional and other offices as may be
necessary; utilize such voluntary and uncompensated services by
individuals or organizations as may from time to time be
needed; and authorize the States to establish and organize such
individuals and organizations into units to be known
collectively as the United States Civil Defense Corps. The
members of such corps shall not be deemed by reason of such
membership to be appointees or employees of the United States.
``(d) Notwithstanding any other provision of law, accept
gifts of supplies, equipment, and facilities and utilize or
distribute such gifts for civil defense purposes in accordance
with the provisions of this title.
``(e) Reimburse any Federal agency for any of its
expenditures or for compensation of its personnel and
utilization or consumption of its materials and facilities
under this title to the extent funds are available.
``(f) Purchase such printing, binding, and blank-book work
from public, commercial, or private printing establishments or
binderies as the Director considers necessary upon orders
placed by the Public Printer or upon waivers issued in
accordance with section 504 of title 44, United States Code.
``(g) Prescribe such rules and regulations as may be
necessary and proper to carry out any of the provisions of this
title and perform any of the powers and duties provided by this
title through or with the aid of such officials of the Federal
Emergency Management Agency as the Director may designate.
``(h) When, after reasonable notice and opportunity for
hearing to the State or other person, the Director finds that
there is a failure to expend funds in accordance with the
regulations, terms, and conditions established under this title
for approved civil defense plans, programs, or projects, notify
such State or person that further payments will not be made to
the State or person from appropriations under this title (or
from funds otherwise available for the purposes of this title
for any approved plan, program, or project with respect to
which there is such failure to comply) until the Director is
satisfied that there will no longer be any such failure. Until
so satisfied, the Director shall either withhold the payment of
any financial contribution to such State or person or limit
payments to those programs or projects with respect to which
there is substantial compliance with the regulations, terms,
and conditions governing plans, programs, or projects
hereunder. As used in this subsection, the term `person' means
the political subdivision of any State or combination or group
thereof, any interstate civil defense authority established
pursuant to subsection 611(g), or any person, corporation,
association, or other entity of any nature whatsoever,
including instrumentalities of States and political
subdivisions.
``SEC. 622. EXEMPTION FROM CERTAIN PROHIBITIONS.
``The authority granted in subsections (b) and (c) of section 621
shall be exercised in accordance with regulations of the President, who
may also provide by regulation for the exemption of persons employed or
whose services are utilized under the authority of such subsections
from the operation of sections 203, 205, 207, 208, and 209 of title 18
of the United States Code.
``SEC. 623. SECURITY REGULATIONS.
``(a) Establishment.--The Director shall establish such security
requirements and safeguards, including restrictions with respect to
access to information and property as the Director considers necessary.
``(b) Limitations on Employee Access to Information.--No employee
of the Federal Emergency Management Agency shall be permitted to have
access to information or property with respect to which access
restrictions have been established under this section, until it shall
have been determined that no information is contained in the files of
the Federal Bureau of Investigation or any other investigative agency
of the Government indicating that such employee is of questionable
loyalty or reliability for security purposes, or if any such
information is so disclosed, until the Federal Bureau of Investigation
shall have conducted a full field investigation concerning such person
and a report thereon shall have been evaluated in writing by the
Director.
``(c) National Security Positions.--No employee of the Federal
Emergency Management Agency shall occupy any position determined by the
Director to be of critical importance from the standpoint of national
security until a full field investigation concerning such employee
shall have been conducted by the Director of the Office of Personnel
Management and a report thereon shall have been evaluated in writing by
the Director. In the event such full field investigation by the
Director of the Office of Personnel Management develops any data
reflecting that such applicant for a position of critical importance is
of questionable loyalty or reliability for security purposes, or if the
Director for any other reason shall deem it to be advisable, such
investigation shall be discontinued and a report thereon shall be
referred to the Director for evaluation in writing. Thereafter the
Director may refer the matter to the Federal Bureau of Investigation
for the conduct of a full field investigation by such Bureau. The
result of such latter investigation by such Bureau shall be furnished
to the Director for action.
``(d) Employee Oaths.--Each Federal employee of the Federal
Emergency Management Agency, except the subjects of the United Kingdom
and the Dominion of Canada specified in section 621(b), shall execute
the loyalty oath or appointment affidavits prescribed by the Director
of the Office of Personnel Management. Each person other than a Federal
employee who is appointed to serve in a State or local organization for
civil defense shall before entering upon duties, take an oath in
writing before a person authorized to administer oaths, which oath
shall be substantially as follows:
`I, , do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States
against all enemies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the
duties upon which I am about to enter.
`And I do further swear (or affirm) that I do not advocate,
nor am I a member or an affiliate of any organization, group,
or combination of persons that advocates the overthrow of the
Government of the United States by force or violence; and that
during such time as I am a member of (name of
civil defense organization), I will not advocate nor become a
member or an affiliate of any organization, group, or
combination of persons that advocates the overthrow of the
Government of the United States by force or violence.'
After appointment and qualification for office, the director of civil
defense of any State, and any subordinate civil defense officer within
such State designated by the director in writing, shall be qualified to
administer any such oath within such State under such regulations as
the director shall prescribe. Any person who shall be found guilty of
having falsely taken such oath shall be punished as provided in section
1621 of title 18, United States Code.
``SEC. 624. UTILIZATION OF EXISTING FACILITIES.
``In performing duties under this title, the Director shall--
``(1) cooperate with the various departments and agencies
of the Federal Government;
``(2) utilize, to the maximum extent, the existing
facilities and resources of the Federal Government and, with
their consent, the facilities and resources of the States and
political subdivisions thereof, and of other organizations and
agencies; and
``(3) refrain from engaging in any form of activity which
would duplicate or parallel activity of any other Federal
department or agency unless the Director, with the written
approval of the President, shall determine that such
duplication is necessary to accomplish the purposes of this
title.
``SEC. 625. ANNUAL REPORT TO CONGRESS.
``The Director shall annually submit a written report to the
President and Congress covering expenditures, contributions, work, and
accomplishments of the Federal Emergency Management Agency pursuant to
this title, accompanied by such recommendations as the Director shall
deem appropriate.
``SEC. 626. APPLICABILITY OF TITLE.
``The provisions of this title shall be applicable to the United
States, its States, Territories and possessions, and the District of
Columbia, and their political subdivisions.
``SEC. 627. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF FUNDS.
``There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this title. Funds made
available for the purposes of this title may be allocated or
transferred for any of the purposes of this title, with the approval of
the Bureau of the Budget, to any agency or government corporation
designated to assist in carrying out this title. Each such allocation
or transfer shall be reported in full detail to the Congress within
thirty days after such allocation or transfer.
``SEC. 628. ATOMIC ENERGY ACT OF 1946.
``Nothing in this title shall be construed to amend or modify the
provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
``SEC. 629. FEDERAL BUREAU OF INVESTIGATION.
``Nothing in this title shall be construed to authorize
investigations of espionage, sabotage, or subversive acts by any
persons other than personnel of the Federal Bureau of Investigation.
``SEC. 630. SEPARABILITY.
``If any provision of this title or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the title, and the application of such provisions to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
``SEC. 631. APPLICABILITY OF REORGANIZATION PLAN NUMBERED 1.
``The applicability of Reorganization Plan Numbered 1 of 1958 (23
F.R. 4991) shall extend to any amendment of this title except as
otherwise expressly provided in such amendment.''.
(b) Conforming Repeal.--The Act entitled ``An Act to authorize a
Federal civil defense program, and for other purposes.'', approved
January 12, 1951 (50 U.S.C. App. 2251 et seq.), is repealed.
(c) Conforming Amendments.--(1) Section 202(c) of The Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5132(c)) is amended by striking ``section 201(c) of the Federal Civil
Defense Act of 1950, as amended (50 U.S.C. App. 2281(c)),'' and
inserting ``section 611(c) of this Act''.
(2) The undesignated paragraph under the heading ``civil defense
procurement fund'' in chapter XI of the Third Supplemental
Appropriation Act, 1951 (50 U.S.C. App. 2264; 65 Stat. 61) is repealed.
(3) Section 813(d) of the Agricultural Act of 1970 (7 U.S.C.
1427a(d)) is amended by striking out ``the provisions of the Federal
Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251-2297).'' and
inserting in lieu thereof ``title VI of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act.''.
TITLE XXXV--NAVAL PETROLEUM RESERVES
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Secretary of
Energy $199,456,000 for fiscal year 1995 for the purpose of carry out
activities under chapter 641 of title 10, United States Code, relating
to the naval petroleum reserves (as defined in section 7420(2) of such
title). Funds appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM DURING FISCAL
YEAR 1995.
During fiscal year 1995, any sale of any part of the United States
share of petroleum produced from Naval Petroleum Reserves Numbered 1,
2, and 3 shall be made at the price prescribed by section 7430(b)(2)(A)
of title 10, United States Code.
Attest:
Clerk.
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