Public Law 102–484

For aircraft, $1,553,909,000.

For missiles, $1,118,652,000.

For weapons and tracked combat vehicles, $877,754,000.

For ammunition, $829,444,000.

For other procurement, $3,129,452,000.

Navy.—

Funds are hereby authorized to be appropriated for fiscal year 1993 for procurement for the Navy as follows:

Marine Corps.—

Funds are hereby authorized to be appropriated for fiscal year 1993 for procurement for the Marine Corps in the amount of $729,727,000.

For aircraft, $10,034,314,000.

For missiles, $4,399,390,000.

For other procurement, $7,894,396,000.

For the Army National Guard, $134,000,000.

For the Air National Guard, $290,100,000.

For the Army Reserve, $27,500,000.

For the Naval Reserve, $85,000,000.

For the Air Force Reserve, $60,000,000.

For the Marine Corps Reserve, $9,000,000.

For operational support aircraft, $90,000,000.

Tank Industrial Base.—

None of the funds appropriated for the Army pursuant to this Act or for fiscal year 1991 or 1992 may be used to initiate or implement closure of any portion of the tank industrial base.

Revision in Fiscal Year 1992 Provisions.—

The text of section 111 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1303) is amended to read as follows:

“Of the amount authorized to be appropriated for fiscal year 1992 pursuant to section 101(3), $225,000,000 shall be available for the remanufacture of M1 tanks and may be used only to remanufacture M1 tanks to the M1A2 configuration.”.

completes an analysis of the initial production test results of the Chemical Agent Monitor (CAM);

submits to Congress a report containing a discussion of the reliability and consistency of the laboratory-tested and field-tested Chemical Agent Monitor; and

determines, and notifies Congress in writing, that all design and production deficiencies of the Chemical Agent Monitor nave been identified and corrected before the resumption of obligation of funds for procurements under the Chemical Agent Monitoring Program.

SCN Programs.—

Amounts authorized to be appropriated under section 102(a)(3) are available for shipbuilding and conversion programs as follows:

For the aircraft carrier replacement program, $832,200,000.

For the CVN aircraft carrier refueling overhaul advance procurement program, $6,800,000.

For the CGN cruiser refueling overhaul advance procurement program, $30,439,000.

For the Arleigh Burke guided missile destroyer program, $3,319,643,000.

For the LHD–1 amphibious assault ship program, $1,205,000,000.

For the MHC–1 coastal minehunter program, $246,205,000.

For the oceanographic ship conversion program, $19,500,000.

For the service craft program, $126,028,000.

For outfitting, $385,321,000.

For post-delivery, $223,105,000.

For first destination transportation, $6,031,000.

Undistributed Reduction.—

The sum of the amounts provided under subsection (a) for fiscal year 1993 for the programs referred to in that subsection is reduced by $441,609,000 in order to be within the total amount authorized to be appropriated for that fiscal year under section 102(a)(3).

Limitation.—

None of the funds available to the Department of Defense for fiscal year 1993 or any fiscal year before fiscal year 1993 may be used for the procurement of the Airborne Self Protection Jammer system except for the payment of the costs of terminating existing contracts for the procurement of the Airborne Self Protection Jammer system.

Effectiveness of Limitation.—

This section shall take effect upon submittal by the Secretary of Defense to the congressional defense committees of notice that the Airborne Self Protection Jammer system has been determined by the Secretary to be either not operationally effective or not operationally suitable in operational testing.

$87,600,000 shall be available to reengine four KC–135Q aircraft.

$219,000,000 shall be available to reengine 10 KC–135E aircraft for the Air National Guard.

$65,700,000 shall be available, if the RC–135 aircraft is selected under section 141, to reengine three RC–135 aircraft or, if the RC–135 aircraft is not selected under section 141, to reengine three KC–135 aircraft (in addition to those referred to in paragraphs (1) and (2)).

$51,600,000 shall be available for the open skies sensor system.

$15,600,000 shall be available for miscellaneous C—135 aircraft modifications.

Applicability of Existing Law.—

The C–17 transport aircraft shall be considered to be a covered system for purposes of survivability testing under section 2366 of title 10, United States Code.

Authority for Retroactive Waiver.—

The Secretary of Defense may exercise the waiver authority in subsection (c) of such section with respect to the application of the survivability tests of that section to the C–17 transport aircraft notwithstanding that such program has entered full-scale engineering development.

Report Requirement.—

If the Secretary of Defense submits a certification under subsection (c) of such section that live-fire testing of the C–17 system under such section would be unreasonably expensive or impractical, the Secretary of Defense shall require that sufficiently large and realistic components and subsystems that could affect the survivability of the C–17 system be made available for any alternative live-fire test program.

Funding.—

The funds required to carry out any alternative live-fire testing program for the C–17 aircraft system shall be made available from amounts appropriated for the C–17 program for fiscal year 1993.

Certification of Contractor Correction Under Warranty.—

The Secretary of the Air Force shall (except as otherwise provided under subsection (b)) certify to the congressional defense committees that the repair of the fuel leaks on production C—17 aircraft will be carried out by the contractor (under the warranty provisions of the production contract for such aircraft) at no additional cost to the Government and with no additional consideration to the contractor for production aircraft under the C–17 program by reason of the repair of the C–17 fuel leaks.

Alternative To Certification.—

If the Secretary of the Air Force is unable to make the certification referred to in subsection (a), the Secretary—

Funding for Program.—

Of the amount appropriated pursuant to section 103(1)—

Fiscal Year 1993 Limitation.—

In addition to the limitation contained in section 133(c) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1311), none of the funds appropriated for the Department of Defense for fiscal year 1993 that are made available for the C–17 aircraft program (other than funds for advance procurement) may be obligated before the Secretary of Defense submits to the congressional defense committees the report referred to in section 133(b) of that Act.

Fiscal Year 1994 Limitation.—

None of the funds appropriated for the Department of Defense for fiscal year 1994 that are made available for the C–17 aircraft program (other than funds for advance procurement) may be obligated before—

Matters To Be Included in Review.—

The review (referred to in subsection (c)(2)) that is conducted by the special Defense Acquisition Board shall include—

Prohibition Relating to Production Capability.—

None of the funds provided under subsection (a) for the C–17 aircraft program may be used to increase the current rate at which the contractor could produce C–17 aircraft.

Initiative on Cost, Performance, and Management.—

Funding Limitation on Fiscal year 1993 Advance Procurement Funds.—

transmits to Congress the report referred to in section 901;

determines, in light of such report and other factors, whether the EF–111 aircraft fleet is to be retained in the inventory; and

transmits to the congressional defense committees—

Authorization.—

Of the funds authorized to be appropriated under section 104, $56,962,000 shall be available for modernizing either EP–3 Aries aircraft or RC–135 Rivet Joint aircraft.

Limitation.—

None of the funds provided under subsection (a) or funds appropriated or otherwise made available to the Department of Defense for procurement for fiscal year 1993 may be obligated for Navy EP–3 aircraft or Air Force RC–135 aircraft until the Secretary of Defense—

Transfer Authority.—

Required Testing.—

Notwithstanding the requirements of subsections (a) (2) and (b) of section 2366 of title 10, United States Code, and the requirements of subsection (a) of section 2399 of such title—

Repeal of Superseded Law.—

Section 143 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1313) is repealed.

Amount for Program.—

Of the amount authorized to be appropriated pursuant to section 103 for the Air Force for fiscal year 1993 for procurement of aircraft, not more than $2,686,572,000 may be obligated for procurement for the B–2 bomber aircraft program.

B–2 Buyout and Termination.—

The funds referred to in subsection (a) may be obligated only for the purpose of completing procurement of aircraft for the B–2 bomber program, procurement of spares and parts, and payment of all termination costs under the B–2 program.

Limitation on Number of B–2 Aircraft.—

A total of not more than 20 deployable B–2 bomber aircraft plus one test aircraft may be procured.

Limitation on Obligation of Funds.—

Of the funds referred to in subsection (a), not more than $900,000,000 may be obligated until—

Report on Low Observability and Survivability.—

A report of the Secretary of Defense referred to in subsection (d)(1)(B) is a report submitted to the congressional defense committees that includes the following:

Report on Cost of Program for 20 B–2 Aircraft.—

A report of the Secretary of Defense referred to in subsection (d)(1)(C) is a report submitted to the congressional defense committees that describes the total acquisition costs associated with a B–2 program resulting in 20 deployable aircraft, including all costs associated with research, development, test, and evaluation and procurement (including all planned modifications and retrofits, tooling, preplanned product improvements, support equipment, interim contractor support, initial spares, any Government liability associated with termination, and other Government costs).

Plan for Testing.—

Evaluation of Survivability and Effectiveness Testing Capability.—

Matters To Be Covered By Assessment.—

As part of the assessment under subsection (b), the Secretary of Defense shall determine the following:

Reporting Requirements.—

Establishment.—

Functions.—

The Secretary of the Army shall provide for a representative from the Office of the Assistant Secretary of the Army (Installations, Logistics, and Environment) to meet with each commission under this section to receive citizen and State concerns regarding the ongoing program of the Army for the disposal of the lethal chemical agents and munitions in the stockpile referred to in section 1412(a)(1) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(a)(1)) at each of the sites with respect to which a commission is established pursuant to subsection (a).

Membership.—

Conflicts of Interest.—

For a period of five years after the termination of any commission, no corporation, partnership, or other organization in which a member of that commission, a spouse of a member of that commission, or a natural or adopted child of a member of that commission has an ownership interest may be awarded—

Chairman.—

The members of each commission shall designate the chairman of the commission from among the members of the commission.

Meetings.—

Each commission shall meet with a representative from the Office of the Assistant Secretary of the Army (Installations, Logistics, and Environment) upon joint agreement between the chairman of the commission and that representative. The two parties shall meet not less often than twice a year and may meet more often at their discretion.

Pay and Expenses.—

Members of each commission shall receive no pay or compensation for their involvement in their activities of the commission.

Termination of Commissions.—

Each commission shall be terminated after the stockpile located in that commission’s State has been destroyed.

Report.—

Not later than December 31, 1993, the Secretary of the Army shall submit to Congress a report on the potential alternatives to the use of the Army’s baseline disassembly and incineration process for the disposal of lethal chemical agents and munitions. The report shall include the following:

Limitation.—

Requirement for Alternative Process.—

If the date by which chemical weapons destruction and demilitarization operations can be completed at a low-volume site using an alternative technology process evaluated by the Secretary of the Army falls within the deadline established by the amendment made by section 171 and the Secretary determines that the use of that alternative technology process for the destruction of chemical weapons at that site is significantly safer and equally or more cost-effective than the use of the baseline disassembly and incineration process, then the Secretary of the Army, as part of the requirement of section 1412(a) of Public Law 99–145, shall carry out the disposal of chemical weapons at that site using such alternative technology process. In addition, the Secretary may carry out the disposal of chemical weapons at sites other than low-volume sites using an alternative technology process (rather than the baseline process) after notifying Congress of the Secretary’s intent to do so.

Applicability of Certain Provisions of Section 1412.—

Subsections (c), (e), (f), and (g) of section 1412 of Public Law 99–145 (50 U.S.C. 1521) shall apply to this section and to activities under this section in the same manner as if this section were part of that section 1412.

Revised Plan.—

If, pursuant to section 174, the Secretary of the Army is required to implement an alternative technology process for destruction of chemical weapons at any low-volume site, the Secretary shall submit to Congress a revised chemical weapons disposal concept plan incorporating the alternative technology process and reflecting the revised stockpile disposal schedule developed under section 1412(b) of Public Law 99–145 (50 U.S.C. 1521(b)), as amended by section 171. In developing the revised concept plan, the Secretary should consider, to the maximum extent practicable, revisions to the program and program schedule that capitalize on the changes to the chemical demilitarization schedule resulting from the revised stockpile elimination deadline by reducing cost and decreasing program risk.

Matters To Be Included.—

The revised concept plan should include—

Applicability of Certain Provisions of Section 1412.—

Subsection (c) of section 1412 of Public Law 99–145 (50 U.S.C. 1521) shall apply to the revised concept plan in the same manner as if this section were part of that section 1412.

Submission of Revised Plan.—

If the Secretary is required to submit a revised concept plan under this section, the Secretary shall submit the revised concept plan not later than 180 days after the date on which the Secretary submits the report required under section 173.

Limitation.—

If the Secretary is required to submit a revised concept plan under this section, no funds may be obligated for procurement of equipment or for facilities planning and design activities (other than for those preliminary planning and design activities required to comply with subsection(b)(2)) for a chemical weapons disposal facility at any low-volume site at which the Secretary intends to implement an alternative technology process until the Secretary submits the revised concept plan.

Report Required.—

Materials To Be Covered by Report.—

The chemical warfare material covered by the report shall include the following:

Matters To Be Included in Report.—

The report shall include the following:

Report Required.—

Not later than May 1, 1993, the Secretary of the Army shall submit to Congress a report on the physical and chemical integrity of the existing chemical weapons that are contained in the chemical weapons stockpile of the United States and are stored within the eight chemical weapons storage sites within the continental United States.

Content of Report.—

The report shall include the following matters:

Subsection (a) is amended—

Subsection (c) is amended by striking out “subsection (a)(1)” and inserting in lieu thereof “subsection (a)”.

Subsection (g) is amended—

to encourage, to the maximum extent practicable, nondefense commercial firms to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army;

to use such facilities for supporting programs, projects, policies, and initiatives that promote competition in the private sector of the United States economy and that advance United States interests in the global marketplace;

to increase the manufacture of products inside the United States that, to a significant extent, are manufactured outside the United States;

to support policies and programs that provide manufacturers with incentives to assist the United States in making more efficient and economical use of Government-owned industrial plants and equipment for commercial purposes;

to provide, as appropriate, small businesses (including socially and economically disadvantaged small business concerns and new small businesses) with incentives that encourage those businesses to undertake manufacturing and other industrial processing activities that contribute to the prosperity of the United States;

to encourage the creation of jobs through increased investment in the private sector of the United States economy;

to foster a more efficient, cost-effective, and adaptable armaments industry in the United States;

to achieve, with respect to armaments manufacturing capacity, an optimum level of readiness of the defense industrial base of the United States that is consistent with the projected threats to the national security of the United States and the projected emergency requirements of the Armed Forces of the United States; and

to encourage facility contracting where feasible.

Authority for Initiative.—

During fiscal years 1993 and 1994, the Secretary of the Army may carry out a program to be known as the “Armament Retooling and Manufacturing Support Initiative” (hereinafter in this subtitle referred to as the “ARMS Initiative”).

Purposes.—

The purposes of the ARMS Initiative are as follows:

Availability of Facilities.—

The Secretary of the Army may make the Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army available for the purposes of the ARMS Initiative.

In General.—

In the case of each Government-owned, contractor-operated ammunition manufacturing facility of the Department of the Army that is made available for the ARMS Initiative, the Secretary of the Army may, by contract, authorize the facility contractor—

Facility Contractor Defined.—

For purposes of subsection (a), the term “facility contractor”, with respect to a Government-owned, contractor-operated ammunition manufacturing facility of the Department of the Army, means a contractor that, under a contract with the Secretary of the Army—

a comprehensive review of contracting of Government-owned, contractor-operated ammunition manufacturing facilities, under the ARMS Initiative; and

any recommendations the Secretary may have for changes to the ARMS Initiative.

For the Army, $5,919,048,000.

For the Navy, $8,984,717,000.

For the Air Force, $14,231,700,000.

For the Defense Agencies, $10,478,115,000, of which—

Fiscal Year 1993.—

Of the amounts authorized to be appropriated by section 201, $4,374,912,000 shall be available for basic research and exploratory development projects.

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.

Fiscal Year 1993.—

Of the amounts authorized to be appropriated by section 201, $374,620,000 shall be available for, and may be obligated only for, manufacturing technology development as follows:

Worker Skills.—

Manufacturing technology development programs conducted by or for the Department of Defense, including those programs for which funds are made available pursuant to section 203, shall include a focus on production technologies designed to build on and expand existing worker skills and experience in manufacturing production.

Report.—

The Secretary of Defense shall prepare a report on the benefits and limitations of establishing a United States-Israel Endowment for Defense Industrial Cooperation with the following objectives:

Deadline.—

The Secretary shall submit to Congress the report required by subsection (a) no later than August 1, 1993.

Funding.—

Of the funds authorized to be appropriated pursuant to section 201 or otherwise made available for research, development, test, and evaluation for the Navy for fiscal year 1993, the sum of $755,000,000 shall be used only for the V–22 Osprey aircraft program.

Use of Funds for Current and Prior Fiscal Years.—

The amount made available for fiscal year 1993 for the V–22 Osprey aircraft program pursuant to subsection (a) and the amounts that were authorized and appropriated for preceding fiscal years for that program may be used only for—

Report.—

A–X Aircraft Program.—

The Secretary of Defense shall restructure the acquisition plan for the A–X aircraft program to provide for development, demonstration, and validation of at least two prototypes for each of the two most promising proposals received from concept exploration. In restructuring such acquisition strategy, the Secretary shall require the following:

FA–18E/F Aircraft Program.—

The Secretary of the Navy may not obligate any funds for procurement for the F–18E/F multirole aircraft program until—

in subsection (a), by striking out “during fiscal years 1993 through 1997” and inserting in lieu thereof “during fiscal years 1994 through 1997”; and

in subsection (b), by striking out “not later than June 1 of the calender year in which that fiscal year begins” and inserting in lieu thereof “coincident with the submission of the budget for that fiscal year”.

Reinstatement of LAV–105 Program.—

Unless the development program for the Light Armored Vehicle 105-millimeter (LAV–105) gun has been reinstated and the funds appropriated for that program for fiscal year 1992 have been obligated by the date of the enactment of this Act, the Secretary of the Navy, not later than 60 days after the date of the enactment of this Act shall—

Funding.—

Of the funds authorized to be appropriated pursuant to section 201, or otherwise made available, for research, development, test, and evaluation for the Navy for fiscal year 1993, the sum of $14,700,000 shall be available for completion of the development and operational testing of the LAV–105 vehicle.

Program Plan.—

The Secretary of Defense, acting through the Director of the Defense Nuclear Agency, shall revise and proceed with the program plan submitted pursuant to section 220(b) of Public Law 102–190 (105 Stat. 1320) to revise and build an engineering test model for the Superconducting Magnetic Energy Storage Project.

Revisions Required.—

The Secretary shall revise the program plan for the Superconducting Magnetic Energy Storage Project to include the following:

Schedule.—

The Secretary shall submit the revised plan to Congress not later than 30 days after the date of the enactment of this Act.

Funding.—

The Secretary shall use unobligated funds appropriated for fiscal year 1992 for research, development, test, and evaluation to conduct the scientific investigations pertaining to this section, including contracting with the Department of Energy for appropriate participation in the studies.

Revision to Fiscal Year 1992 Provisions.—

Establishment of Theater Missile Defense Initiative.—

The Secretary of Defense shall establish a Theater Missile Defense Initiative office within the Department of Defense. All theater and tactical missile defense activities of the Department of Defense (including all programs, projects, and activities formerly associated with the Theater Missile Defense program element of the Strategic Defense Initiative) shall be carried out under the Theater Missile Defense Initiative.

Funding for Fiscal Year1993.—

Of the amounts appropriated pursuant to section 201 or otherwise made available to the Department of Defense for research, development, test, and evaluation for fiscal year 1993, not more than $935,000,000 may be obligated for activities of the Theater Missile Defense Initiative, of which not less than $90,000,000 shall be made available for exploration of promising concepts for naval theater missile defense.

Report.—

When the President’s budget for fiscal year 1994 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report—

Effective Date.—

The provisions of subsections (a), (b), and (c) shall be implemented not later than 90 days after the date of the enactment of this Act.

Total Amount.—

Of the amounts appropriated pursuant to section 201 or otherwise made available to the Department of Defense for research, development, test, and evaluation for fiscal year 1993, not more than $3,039,800,000 may be obligated for the Strategic Defense Initiative.

Specific Amounts for the Program Elements.—

Of the amount described in subsection (a)—

Construction of Authority in Relation to User Operational Evaluation System.—

Nothing in this Act shall be construed to authorize the exercise of any option to fabricate or field elements of a User Operational Evaluation System at the initial anti-ballistic missile defense site.

Reporting Requirement.—

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the allocation of funds appropriated for the Theater Missile Defense Initiative and the Strategic Defense Initiative for fiscal year 1993. The report shall specify the amount of such funds allocated for each program, project, and activity of the Theater Missile Defense Initiative and the Strategic Defense Initiative and shall list each Strategic Defense Initiative program, project, and activity under the appropriate program element and list each Theater Missile Defense Initiative program, project, and activity.

Transfer Authorities.—

Missile Defense Goals of the United States.—

Section 232(a) of the Missile Defense Act of 1991 (part C of title II of

10 USC 2431 note.

Public Law 102–190; 105 Stat. 1321) is amended by striking out “(a)” and all that follows through the end of the paragraph (1) and inserting in lieu thereof the following:

“(a)“(a)

Missile Defense Goals of the United States.—

It is a goal of the United States to—

“(1)“(1)

comply with the ABM Treaty, including any protocol or amendment thereto, and not develop, test, or deploy any ballistic missile defense system, or component thereof, in violation of the treaty, as modified by any protocol or amendment thereto, while deploying an anti-ballistic missile system that is capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles;”.

#

#

Elimination of Theater Missile Defense Program Element From SDI.—

Implementation of Goal.—

Subsection (b) of section 233

10 USC 2431 note.

of such Act (105 Stat. 1322) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following:

“(1)“(1)

Theater missile defense systems.—

The Secretary of Defense shall develop advanced theater missile defense systems for deployment.

#

“(2)“(2)

Initial abm deployment.—

The Secretary shall develop for deployment a cost-effective, operationally effective, and ABM Treaty-compliant antiballistic missile system at a single site as the initial step toward deployment of an antiballistic missile system described in section 232(a)(1) designed to protect the United States against limited ballistic missile threats, including accidental or unauthorized launches or Third World attacks. The system components to be developed shall include—

“(A)“(A)

100 ground-based interceptors, the design of which is to be determined by competition and downselection for the most capable interceptor or interceptors;

#

“(B)“(B)

fixed, ground-based, antiballistic missile battle management radars; and

#

“(C)“(C)

optimum utilization of space-based sensors, including sensors capable of cueing ground-based antiballistic missile interceptors and providing initial targeting vectors, and other sensor systems that are not prohibited by the ABM Treaty, including specifically the Ground Surveillance and Tracking System.”.

#

#

Follow-On Technology Research.—

Research, Development, Test, and Evaluation Objectives for SDI Program Elements.—

Section 236 of such Act (105 Stat. 1323) is amended—

Review of Follow-On Deployment Options.—

Section 238 of such Act (105 Stat. 1326) is amended by striking out “of fiscal

10 USC 2431 note.

year 1996” in the first sentence.

Use of Funds.—

Definition.—

In this section, the term “July 1992 SDIO Report” means the report entitled, “1992 Report to Congress on the Strategic Defense Initiative,” prepared by the Strategic Defense Initiative Organization and submitted to certain committees of the Senate and House of Representatives by the Secretary of Defense pursuant to section 224 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1398; 10 U.S.C. 2431).

Limitation.—

Of the amounts that are appropriated to the Department of Defense for fiscal year 1993 pursuant to the authorizations of appropriations contained in this Act and are made available for the Strategic Defense Initiative Organization, not more than $135,000,000 may be expended for the procurement of support services.

Definition.—

For purposes of subsection (a), the term “support services” means any of the following:

Funding.—

Of the amounts appropriated pursuant to section 201 for fiscal year 1993, not more than $59,670,000 shall be available for the medical component of the Biological Defense Research Program (BDRP) of the Department of Defense.

Limitations.—

Definitions.—

In this section:

Funding Limitation.—

Notwithstanding any other provision of law, funds made available to the Department of Defense may not be obligated for the National Aero-Space Plane program for any fiscal year in an amount greater than twice the amount provided for that program in the appropriations Act making appropriations for that fiscal year for the Department of Housing and Urban Development and for independent agencies.

Effective Date.—

Subsection (a) applies with respect to fiscal years after fiscal year 1993.

For the Army, $13,901,912,000.

For the Navy, $19,532,996,000.

For the Marine Corps, $1,558,515,000.

For the Air Force, $16,592,857,000.

For the Defense Agencies, $9,266,879,000.

For the Army Reserve, $1,014,773,000.

For the Naval Reserve, $865,492,000.

For the Marine Corps Reserve, $75,171,000.

For the Air Force Reserve, $1,214,287,000.

For the Army National Guard, $2,238,013,000.

For the Air National Guard, $2,513,175,000.

For the National Board for the Promotion of Rifle Practice, $2,700,000.

For the Defense Inspector General, $125,200,000.

For Drug Interdiction and Counter-Drug Activities, Defense, $1,263,400,000.

For the Court of Military Appeals, $5,893,000.

For Environmental Restoration, Defense, $1 513,200 000.

For Humanitarian Assistance, $25,000,000.

For the Defense Health Program, $9,159,039,000.

For support for the 1996 Summer Olympics, $2,000,000.

For support for the 1993 World University Games, $6,000,000.

For support for the 1994 World Cup Games, $9,000,000.

Purpose.—

Authority To Transfer Funds.—

The Secretary of Defense may transfer, pursuant to section 2551(b) of such title, not more than $3,000,000 of the funds referred to in subsection (a)(1).

Codification of Authority and Administrative Provisions.—

Laws Covered by Initial Reports.—

For purposes of subsection (e) of section 2551 of title 10, United States Code, as added by subsection (c), section 304 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1333), and the humanitarian relief laws referred to in subsection (f)(4) of section 304 of that Act (as in effect on the day before the date of the enactment of this Act) shall be considered as provisions of law that authorized appropriations for humani-tarian assistance to be available for the purposes of section 2551 of title 10, United States Code.

Repeal of Superseded Reporting Requirement.—

Section 304 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1333) is amended by striking out subsection (f).

Authority To Provide Support.—

The Secretary of Defense may provide logistical support and personnel services in connection with the 1994 World Cup Games to be held in the United States.

Pay and Nontravel-Related Allowances.—

Authority.—

The Secretary of Defense, to the extent provided in appropriations Acts, may transfer funds as provided in this section during fiscal year 1993.

From the Defense Business Operations Fund.—

From the National Defense Stockpile Transaction Fund.—

Not more than $400,000,000 may be transferred from the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for fiscal year 1993 in amounts as follows:

Treatment of Transfers.—

Amounts transferred under this section—

Relationship to Other Transfer Authority.—

An increase under subsection (d)(2) in an amount authorized to be appropriated is in addition to an increase in that amount that results from a transfer of an authorization of appropriations pursuant to section 1001.

Prohibition.—

Report.—

Not later than April 15, 1993, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a revised renovation program for the Pentagon Reservation. Such program shall—

Definitions.—

In this section, the terms National Capital Region” and “Pentagon Reservation” have the meaning given those terms, respectively, in section 2674(f) of title 10, United States Code.

Prohibition.—

Except as provided in subsection (b), the Secretary of Defense may not, during the period beginning on the date of the enactment of this Act and ending on September 30, 1993, enter into any contract for the performance of a commercial activity in any case in which the contract results from a cost comparison study conducted by the Department of Defense under Office of Management and Budget Circular A–76 or any successor administrative regulation or policy.

Exceptions for Certain Contracts.—

Subsection (a) shall not apply to—

Establishment.—

The Secretary of Defense shall establish a pilot program to expedite the performance of on-site environmental restoration at—

Selection of Installations and Facilities.—

Execution of Program.—

Subject to subsection (d), and to the maximum extent possible, the Secretary shall, in order to eliminate redundant tasks and to accelerate environmental restoration at military installations, use the authorities granted in existing law to carry out the pilot program, including—

Program Principles.—

The Secretary shall carry out the pilot program consistent with the following principles:

Program Restrictions.—

The pilot program established in this section shall not result in the delay of environmental restoration activities at other military installations and former sites of the Department of Defense.

Sense of Congress.—

It is the sense of the Congress that in carrying out environmental restoration activities at military installations outside the United States, the President should seek to obtain an equitable division of the costs of environmental restoration with the nation in which the installation is located.

Report.—

The Secretary of Defense shall include in each Report on Allied Contributions to the Common Defense prepared under section 1003 of Public Law 98–525 (22 U.S.C. 1928) information, in classified and unclassified form, describing the efforts undertaken and the progress made by the President in carrying out subsection (a) during the period covered by the report.

Evaluation of Use of Class I Substances.—

The Director of the Defense Logistics Agency shall evaluate the use of class I substances by the military departments and Defense Agencies. In carrying out the evaluation, the Director shall—

Evaluation of Use of Class II Substances.—

The Director of the Defense Logistics Agency shall evaluate the use of class II substances by the military departments and Defense Agencies. In carrying out the evaluation, the Director shall—

Report.—

Definitions.—

In this section:

Elimination of Use of Class I Ozone-Depleting Substances.—

Cost Recovery.—

In any case in which a Department of Defense contract is modified or a specification or standard for such a contract is waived at the request of a contractor in order to permit the contractor to use in the performance of the contract a substitute for a class I ozone-depleting substance or an alternative technology for a technology involving the use of a class I ozone-depleting substance, the Secretary of Defense may adjust the price of the contract in a manner consistent with the Federal Acquisition Regulation.

Definitions.—

In this section:

Prohibition.—

No funds appropriated or otherwise made available to the Department of Defense for fiscal year 1993 may be obligated or expended for the purchase of surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of the Department of Defense.

Technical Amendment.—

Section 335 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1342) is amended by striking out “or fiscal year 1993”.

Establishment.—

There is established the Legacy Fellowship Program in Natural and Cultural Resource Management (in this section referred to as the “Legacy Fellowship Program”). The Legacy Fellowship Program is a part of the Legacy Resource Management Program established pursuant to section 8120 of the Department of Defense Appropriations Act, 1991 (Public Law 101–511; 104 Stat. 1905).

Purposes.—

The purposes of the Legacy Fellowship Program are as follows:

Fellows.—

Funding.—

Of the funds authorized to be appropriated in fiscal year 1993 for the Department of Defense and made available for the Legacy Resource Management Program, $100,000 may be used for the Legacy Fellowship Program. Such funds shall be available for obligation without fiscal year limitation.

for Environmental Restoration, Defense, the total amount of $447,500,000; and

for the Department of Defense Base Closure Account 1990 the total amount of $35,000,000.

In General.—

Conditions.—

No indemnification may be afforded under this section unless the person or entity making a claim for indemnification—

Authority of Secretary of Defense.—

Accrual of Action.—

For purposes of subsection (b)(1), the date on which a claim accrues is the date on which the plaintiff knew (or reasonably should have known) that the personal injury or property damage referred to in subsection (a) was caused or contributed to by the release or threatened release of a hazardous substance or pollutant or contaminant as a result of Department of Defense activities at any military installation (or portion thereof) described in subsection (a)(1).

Relationship to Other Law.—

Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

Definitions.—

In this section:

CERCLA.—

Title 10.—

Report.—

The Secretary of Defense, in consultation with the Attorney General, the Administrator of the Environmental Protection Agency, and the Director of the Office of Management and Budget, shall conduct a review and report on the following:

Deadline.—

Not later than May 15, 1993, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the report required by subsection (a).

Extension of Limitation on Period of Management.—

Section 316(a) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1338; 10 U.S.C. 2208 note) is amended—

Separate Accounting, Reporting, and Auditing of Funds and Activities.—

Section 316 of such Act is amended by adding at the end the following new subsection:

“(c)“(c)

Separate Accounting, Reporting, and Auditing of Funds and Activities.—

For purposes of accounting, financial reporting, and auditing, the Secretary of Defense shall maintain—

“(1)“(1)

the separate identity of each fund and activity managed through the Fund that (before the establishment of the Fund) was managed as a separate fund or activity; and

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“(2)“(2)

separate records for each function for which payment is made through the Fund and which (before the establishment of the Fund) was paid directly through appropriations, including the separate identity of the appropriation account used to pay for the performance of the function.”.

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Implementation of DBOF.—

Such section is further amended by adding after subsection (c), as added by subsection

10 USC 2208 note.

(b), the following new subsections:

“(d)“(d)

Implementation of the Fund.—

The Secretary of Defense shall implement the Fund in three phases (referred to in this section as ‘milestones’) as follows:

“(1)“(1)

Milestone i.—

Not later than thirty days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1993, the Secretary of Defense shall—

“(A)“(A)

substantially complete the development of the policies of the Department of Defense governing the operations of the Fund;

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“(B)“(B)

identify the interim systems requirements of the Fund; and

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“(C)“(C)

prepare an evaluation report on the adequacy

Reports.

of the skills and resources devoted to the Fund and its related systems.

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“(2)“(2)

Milestone ii.—

Not later than March 1, 1993, the Secretary of Defense shall—

“(A)“(A)

develop performance measures, and corresponding performance goals, for each business area of the Fund; and

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“(B)“(B)

prepare a report that—

“(i)“(i)

specifies the status of interim systems efforts, including efforts to improve the accuracy of information in the Fund systems;

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“(ii)“(ii)

specifies whether the Department of Defense has selected a standard cost accounting system, and prepared an implementation plan (with milestone dates) for installing the system at the Fund’s activities; and

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“(iii)“(iii)

identifies specific tangible benefits resulting from the operation of the Fund, including, if applicable, the reduced costs of providing goods and services and the improvement of the efficiency of Fund operations.

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“(3)“(3)

Milestone iii.—

Not later than September 30, 1993, the Secretary of Defense shall conduct a field test of the standard cost accounting system selected by the Secretary for the Fund.

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“(e)“(e)

Use of Certain Accounting Standards.—

The Secretary of Defense shall take actions to achieve the milestones prescribed in subsection (d) and otherwise to implement the Fund consistent with—

“(1)“(1)

generally accepted accounting principles;

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“(2)“(2)

accounting principles, standards, and requirements generally applicable to Federal agencies;

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“(3)“(3)

internal accounting and administrative control standards prescribed by the Comptroller General of the United States; and

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“(4)“(4)

the provisions of chapter 9 of title 31, United States Code, and sections 3515, 3521 (e) through (h), 9105, and 9106 of such title, and related requirements prescribed by the Office of Management and Budget.”.

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Monitoring and Evaluation by the Comptroller General; Reports.—

Such section is further amended by adding after subsection (e), as added by subsection (c), the following new subsection:

“(f)“(f)

Monitoring and Evaluation by the Comptroller General; Reports.—

“(1)“(1)

Monitoring and evaluation.—

The Comptroller General of the United States shall monitor and evaluate the progress of the Department of Defense in achieving the milestones prescribed in subsection (d) and in implementing the Fund, including the development of policies, performance measures, and actions to improve the Fund’s systems.

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“(2)“(2)

Reports.—

“(A)“(A)

Report on the nonachievement of milestones.—

If the Comptroller General determines, pursuant to the monitoring and evaluation conducted under paragraph (1), that the Department of Defense has not achieved any of the milestones prescribed in subsection (d), the Comptroller General shall submit to the Congress, as soon as practicable, a report containing the findings, conclusions, and recommendations of the Comptroller General with respect to the nonachievement of the milestone.

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“(B)“(B)

Final report.—

Not later than February 15, 1994, the Comptroller General shall submit to the Congress a report containing the findings and conclusions of the Comptroller General pursuant to the monitoring and evaluation conducted under paragraph (1) and any recommendations for legislation or administrative action that the Comptroller General considers to be appropriate.”.

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Use of Subaccount for Capital Assets Depreciation Charges.—

Charges for goods and services provided through the Defense Business Operations Fund shall include amounts for depreciation of capital assets, set in accordance with generally accepted accounting principles. Amounts charged for depreciation shall be credited to a separate capital asset subaccount established within the Fund. The subaccount shall be available only for the payment of outlays for capital assets for the Fund.

Award of Contracts.—

The Secretary of Defense may award contracts for capital assets of the Fund in advance of the availability of funds in the subaccount, to the extent provided for in appropriations Acts.

Annual Report.—

The Secretary of Defense shall submit to the congressional defense committees each year, at the same time that the President submits the budget to the Congress under section 1105 of title 31, United States Code, a report that specifies—

Authorization.—

There is hereby authorized to be appropriated to the Fund subaccount for fiscal years 1993 and 1994 such sums as may be necessary to pay, during fiscal year 1993 and until April 15, 1994, outlays for capital assets in excess of the amount otherwise available in the subaccount.

Definitions.—

For purposes of this section:

Limitation.—

Exception.—

The Secretary of Defense may waive the limitation described in subsection (a) if the Secretary determines that such waiver is critical to the national security of the United States. The Secretary shall immediately notify Congress of any such waiver and the reasons for such waiver.

Competitive Bidding.—

If the Secretary of Defense takes action to consolidate at a single location the performance of depot-level tactical missile maintenance by employees of the Department of Defense, the Secretary shall select the depot to perform the tactical missile maintenance through the use of competitive procedures. Any depot-level activity of the Department of Defense that is engaged in tactical missile maintenance on the date of the enactment of this Act shall be eligible to compete for such selection.

Relocation of Certain Activities to Rock Island Arsenal.—

The Secretary of Defense shall ensure that the Systems Integration Management Activity and the Depot Systems Command are relocated to Rock Island Arsenal, Illinois, in accordance with the recommendations dated July 1, 1991, of the Defense Base Closure and Realignment Commission established under section 2902 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). This provision shall apply notwithstanding any other provision of law which directly or indirectly affects such relocation.

Limitation.—

Section 2466(a) of title 10, United States Code, is amended to read as follows:

“(a)“(a)

Percentage Limitation.—

(1)(1)

Except as provided in paragraph (2), the Secretary of a military department and, with respect to a Defense Agency, the Secretary of Defense, may not contract for the performance by non-Federal Government personnel of more than 40 percent of the depot-level maintenance workload for the military department or the Defense Agency.

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“(2)“(2)

The Secretary of the Army shall provide for the performance by employees of the Department of Defense of not less than the following percentages of Army aviation depot-level maintenance workload:

“(A)“(A)

For fiscal year 1993, 50 percent.

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“(B)“(B)

For fiscal year 1994, 55 percent.

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“(C)“(C)

For fiscal year 1995, 60 percent.”.

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Conforming Amendment.—

Section 2466(c) of such title is amended by striking out “The Secretary of the Army, with respect to the Department of the Army, and the Secretary of the Air Force, with respect to the Department of the Air Force,” and inserting in lieu thereof “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense”.

Report.—

Section 2466(e) of such title is amended—

Effect of Amendments on Existing Contracts.—

The Secretary of a military department and the Secretary of Defense, with respect to the Defense Agencies, may not cancel a depot-level maintenance contract in effect on the date of the enactment of this Act in order to comply with the requirements of section 2466(a) of title 10, United States Code, as amended by subsection (a).

Competition Requirement.—

Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section:

Ҥ 2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition

“The Secretary of Defense or the Secretary of a military department may not change the performance of a depot-level maintenance workload that has a threshold value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense unless, prior to any such change, the Secretary uses competitive procedures to make the change.”.

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Clerical Amendment.—

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Standardization of Exchanges.—

The Secretary of Defense shall standardize among the military departments the following programs and activities of the military exchanges of the military departments:

Time and Manner.—

The standardization of programs and activities required by subsection (a) shall be completed not later than March 31, 1994, and shall be carried out in the most efficient manner practicable.

Report.—

Not later than March 31, 1993, the Secretary of Defense shall submit to the Congress a report on other programs and activities of the military exchanges, if any, that the Secretary determines can be economically and efficiently managed through standardization or consolidation under a single nonappropriated fund instrumentality.

Regulation of Expenditure of NAFI Funds.—

Chapter 147 of title 10, United States Code, is amended by adding at the end the following new section:

Ҥ 2490a. Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds

“(a)“(a)

Regulation of Management and Use of Nonappropriated Funds.—

The Secretary of Defense shall prescribe regulations governing—

“(1)“(1)

the purposes for which nonappropriated funds of a nonappropriated fund instrumentality of the United States within the Department of Defense may be expended; and

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“(2)“(2)

the financial management of such funds to prevent waste, loss, or unauthorized use.

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“(b)“(b)

Penalties for Violations.—

(1)(1)

A civilian employee of the Department of Defense who is paid from nonappropriated funds and who commits a substantial violation of the regulations prescribed under subsection (a) shall be subject to the same penalties as are provided by law for misuse of appropriations by a civilian employee of the Department of Defense paid from appropriated funds. The Secretary of Defense shall prescribe regulations to carry out this paragraph.

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“(2)“(2)

The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is punishable as a violation of section 892 of such title (article 92 of the Uniform Code of Military Justice).

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“(c)“(c)

Notification of Violations.—

(1)(1)

A civilian employee of the Department of Defense (whether paid from nonappropriated funds or from appropriated funds), and a member of the Armed Forces, whose duties include the obligation of nonappropriated funds, shall notify the Secretary of Defense of information which the person reasonably believes evidences—

“(A)“(A)

a violation by another person of any law, rule, or regulation regarding the management of such funds; or

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“(B)“(B)

other mismanagement or gross waste of such funds.

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“(2)“(2)

The Secretary of Defense shall designate civilian employees of the Department of Defense or members of the armed forces to receive a notification described in paragraph (1) and ensure the prompt investigation of the validity of information provided in the notification.

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“(3)“(3)

The Secretary shall prescribe regulations to protect the confidentiality of a person making a notification under paragraph (1).”.

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Clerical Amendment.—

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Establishment of Demonstration Program.—

Selection of Military Installations.—

For participation in such program, the Secretary shall select not less than one nor more than three military installations in the United States, including at least one installation where National Guard personnel, other reserve component personnel, and their dependents comprise the predominant number of the users of the facilities and services of the installation.

Program Requirement and Limitation.—

Period of Demonstration Program.—

A nonappropriated fund instrumentality selected under subsection (a)(2) shall operate commissary store facilities under such program for the period beginning on the date of the selection of the nonappropriated fund instrumentality and ending on the date of the expiration of the period referred to in subsection (e).

Report.—

Not later than the expiration of the one-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit to the Congress a report on the implementation of such program. The report shall include the findings, conclusions, and recommendations of the Secretary, including a recommendation with respect to whether similar programs should be carried out at other military installations.

Definition.—

In this section, the term “nonappropriated fund instrumentality” means an instrumentality of the United States under the jurisdiction of the Department of the Army or the Department of the Air Force (including the Army and Air Force Exchange Service) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.

Authority To Release.—

Section 2487 of title 10, United States Code, is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following:

“(a)“(a)

Authority To Limit Release.—

(1)(1)

The Secretary of Defense may limit the release to the public of any information described in paragraph (2) if the Secretary determines that it is in the best interest of the Department of Defense to limit the release of such information. If the Secretary determines to limit the release of any such information, the Secretary may provide for limited release of such information in accordance with subsection (b).

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“(2)“(2)

Paragraph (1) applies to those portions of computer data generated by electronic scanners used in military commissaries, and those portions of reports generated by such scanners, that contain the following information:

“(A)“(A)

The unit price of items sold.

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“(B)“(B)

The number of units of items sold.

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“(b)“(b)

Release Under Competitively Awarded Agreements.—

The Secretary of Defense may enter into one or more agreements that provide for limited release of information described in subsection (a)(2). The Secretary shall use competitive procedures to enter into each such agreement Each agreement shall require payment for such information and shall specify the amount of such payment.”.

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Technical Amendments.—

In General.—

Section 1063(a) of title 10, United States Code, is amended to read as follows:

“(a)“(a)

Eligibility of Members of Ready Reserve.—

(1)(1)

A member of the Ready Reserve who satisfactorily completes 50 or more points creditable under section 1332(a)(2) of this title in a calendar year shall be eligible to use commissary stores of the Department of Defense. The Secretary concerned shall authorize the member to have 12 days of eligibility for any calendar year that the member qualifies for eligibility under this subsection.

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“(2)“(2)

Paragraph (1) shall apply without regard to whether, during the calendar year, the member receives compensation for the duty or training performed by the member or performs active duty for training.”.

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Applicability.—

The amendment made by subsection (a) shall apply to the completion of reserve points beginning in calendar year 1992.

Conforming Amendments.—

Extension of Guidelines.—

Section 1597 of title 10, United States Code, is amended to read as follows:

Ҥ 1597. Civilian positions: guidelines for reductions

“(a)“(a)

Requirement of Guidelines for Reductions in Civilian Positions.—

Reductions in the number of civilian positions of the Department of Defense during fiscal year 1993, if any, shall be carried out in accordance with the guidelines established pursuant to subsection (b).

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“(b)“(b)

Guidelines.—

The Secretary of Defense shall establish guidelines for fiscal year 1993 for the manner in which reductions in the number of civilian positions of the Department of Defense are made. The guidelines shall include procedures for reviewing civilian positions for reductions according to the following order:

“(1)“(1)

Positions filled by foreign national employees overseas.

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“(2)“(2)

All other positions filled by civilian employees overseas.

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“(3)“(3)

Overhead, indirect, and administrative positions in headquarters or field operating agencies in the United States.

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“(4)“(4)

Direct operating or production positions in the United States.

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“(c)“(c)

Master Plan.—

(1)(1)

The Secretary of Defense shall include in the materials submitted to Congress in support of the budget request for the Department of Defense for fiscal year 1994 a civilian positions master plan described in paragraph (2) for the Department of Defense as a whole and for each military department, Defense Agency, and other principal component of the Department of Defense.

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“(2)“(2)

The master plan referred to in paragraph (1) shall include the information described in paragraph (3). Such information shall include information for each of the two fiscal years immediately preceding such fiscal year and projected information for such fiscal year and each of the two fiscal years immediately following such fiscal year.

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“(3)“(3)

The information referred to in paragraph (2) is the following:

“(A)“(A)

A profile of the levels of civilian positions sufficient to establish and maintain a baseline for tracking annual accessions and losses of civilian positions and to provide for the analysis of trends in the levels of civilian positions within the Department of Defense as a whole and for each military department, major subordinate command of each military department, Defense Agency, and other principal component of the Department of Defense. The profile shall include information on the following:

“(i)“(i)

The total number of civilian employees.

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“(ii)“(ii)

Of the total number of civilian employees, the number of civilian employees in the United States, the number of civilian employees overseas, and the number of foreign national employees overseas.

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“(iii)“(iii)

Of the total number of civilian employees at the end of each fiscal year covered by the master plan, the number of full-time employees, the number of part-time employees, and the number of temporary and on-call employees.

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“(iv)“(iv)

Accessions and losses of civilian positions, shown in the aggregate and by the number of full-time employees, the number of part-time employees, and the number of temporary and on-call employees.

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“(v)“(v)

The number of losses of civilian positions, by appropriation account, due to reductions in force, furloughs, or functional transfers or other significant transfers of work away from the military department, defense agency, or other component.

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“(vi)“(vi)

The extent to which accessions and losses of civilian positions are due to functional transfers or competitive actions that are related to the Department of Defense management review initiatives of the Secretary of Defense.

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“(B)“(B)

For industrial-type and commercial-type activities funded through the Defense Business Operations Fund, the following information:

“(i)“(i)

Annual trends in the amount of funded workload for each activity, based upon the average number of months of accumulated, funded workload to be performed, or projected to be performed, by the activity.

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“(ii)“(ii)

The extent to which such workload is funded by funds that are appropriated from appropriation accounts and managed through the Defense Business Operations Fund.

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“(C)“(C)

Information that indicates trends in the extent to which the military department, defense agency, or other component enters into contracts with persons outside of the Department of Defense, rather than uses civilian positions, to perform work for the military department, defense agency or other component.

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“(D)“(D)

Information that indicates the extent to which the Department of Defense management review initiatives of the Secretary of Defense and other productivity enhancement programs of the Department of Defense significantly affect the number of losses of civilian positions, particularly administrative and management positions.

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“(d)“(d)

Exceptions.—

The Secretary of Defense may permit a variation from the guidelines established under subsection (b) or a master plan prepared under subsection (c) if the Secretary determines that such variation is critical to the national security. The Secretary shall immediately notify the Congress of any such variation and the reasons for such variation.

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“(e)“(e)

Involuntary Reductions of Civilian Positions.—

The Secretary of Defense may not implement any involuntary reduction or furlough of civilian positions in a military department, Defense Agency, or other component of the Department of Defense until the expiration of the 45-day period beginning of the date on which the Secretary submits to Congress a report setting forth the reasons why such reductions or furloughs are required and a description of any change in workload or positions requirements that will result from such reductions or furloughs.”.

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Clerical Amendment.—

The item relating to such section in the table of sections at the beginning of chapter 81 of such title is amended to read as follows:

Annual Report.—

Subsection (a) of section 2891 of title 10, United States Code, is amended by striking out “for each of fiscal years 1989, 1990, and 1991” and inserting in lieu thereof “for each of fiscal years 1992, 1993, and 1994”.

Content of Report.—

Subsection (b) of such section is amended by adding at the end the following new paragraphs:

“(9)“(9)

A summary description of the cases determined by the Secretary of Defense to be cases of major thefts of Department of Defense supplies during the fiscal year preceding the fiscal year in which the report is submitted, including any case involving a loss in an amount greater than $1,000,000 or a loss of sensitive or classified items.

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“(10)“(10)

The value, and an analysis, of in-transit losses that occurred during the fiscal year preceding the fiscal year in which the report is submitted.”.

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by striking out “(2) The” and inserting in lieu thereof “(2)(A) Except as provided in subparagraph (B), the”; and

by adding at the end the following new subparagraph:

“(B)“(B)

The Secretary concerned may, without cost to the recipient, demilitarize, prepare, and transport in the continental United States for donation to a recognized war veterans’ association an item authorized to be donated under this section if the Secretary determines the demilitarization, preparation, and transportation can be accomplished as a training mission without additional budgetary requirements for the unit involved.”.

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Consideration of Vessel Location in the Award of Layberth Contracts.—

As a factor in the evaluation of bids and proposals for the award of contracts to layberth sealift vessels of the Department of the Navy, the Secretary of the Navy shall include the location of the vessels, including whether the vessels should be layberthed at locations where—

Establishment of Location as a Major Criterion.—

In the evaluation of bids and proposals referred to in subsection (a), the Secretary of the Navy shall give the same level of consideration to the location of the vessels as the Secretary gives to other major factors established by the Secretary.

Applicability.—

Subsection (a) shall apply to any solicitation for bids or proposals issued after the end of the 120-day period beginning on the date of the enactment of this Act.

Pilot Program.—

Under regulations prescribed by the Secretary

Regulations.

of Defense, the Chief of the National Guard Bureau shall enter into an agreement with each of the Governors of one or more States to carry out a pilot program during fiscal years 1993 and 1994 to provide training and professional development opportunities for members of the National Guard through the provision of health care to residents of medically underserved communities in those States with the use of personnel and equipment of the National Guard.

Funding Assistance.—

Under the agreement, the Chief of the National Guard Bureau shall provide funds for the pay, allowances, clothing, subsistence, travel, and related expenses of personnel of the National Guard participating in the pilot program and for medical supplies and equipment to be used to provide health care to medically underserved populations. Of the funds authorized to be appropriated for fiscal year 1993 for operation and maintenance under this title for the Army National Guard, not more than $5,000,000 may be used by the Chief of the National Guard Bureau to provide funding under the agreements.

Maintenance of Effort.—

The Chief of the National Guard Bureau shall ensure that each agreement under subsection (a) provides that the provision of services under the pilot program will supplement and increase the level of services that would be provided with non-Federal funds in the absence of such services, and will in no event supplant services provided with non-Federal funds.

Coordination Among Programs.—

In carrying out the pilot program under subsection (a), the Chief of the National Guard Bureau shall consult with the Secretary of Health and Human Services for the purpose of ensuring that the provision of services under the pilot program are not redundant with the services of programs of such Secretary.

Service of Participants.—

Service by National Guard personnel in the pilot program shall be counted toward the annual training required under section 270 of title 10, United States Code, and section 502 of title 32, United States Code.

Report.—

The Secretary of Defense shall, not later than January 1, 1994, submit to the Congress a report on the effectiveness of the pilot program and any recommendations with respect to the pilot program.

In General.—

Chapter 45 of title 10, United States Code, is amended—

Clerical Amendment.—

The table of sections at the beginning of such chapter is amended by striking out the item relating to section 775 and inserting in lieu thereof the following:

In General.—

The Secretary of Defense may, during fiscal years 1993 through 1995, conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs and activities of the Federal Government, State and local governments, and other persons.

Use of Funds.—

During fiscal years 1993 through 1995, funds appropriated to the Department of Defense for operation and maintenance of Defense Agencies shall be available to conduct the program referred to in subsection (a).

Program Activities.—

The program referred to in subsection (a) may include activities and ceremonies—

Authority of the Secretary.—

Establishment of Account.—

Provision of Voluntary Services.—

Extension of Program.—

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 at the end of the one-year period” and inserting in lieu thereof “terminate at the end of the two-year period”.

Report.—

Section 343(e) of such Act is amended by striking out “one-year period” and inserting in lieu thereof “two-year period”.

Authority of the Secretary of the Army.—

Availability of Rifle Ranges for Armed Forces and Civilians.—

Payment of Expenses for National Match Competitors.—

Report.—

Effective Date.—

Review Required.—

The Secretary of Defense shall provide for a review of the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the Armed Forces.

Purpose.—

The purpose of the review is to determine whether the practices and procedures referred to in subsection (a) should be modified to better protect the public safety while meeting training requirements of the Armed Forces.

Special Requirement.—

In the conduct of the review, particular consideration shall be given to the practices and procedures regarding the use of civilian airfields in heavily populated areas.

Requirement for Preference.—

Electric Lighting Demonstration Program.—

Refrigeration Equipment Demonstration Program.—

General Provisions for Demonstration Programs.—

Authority.—

Part A of the Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101–510; 24 U.S.C. 401 et seq.) is amended by adding at the end the following:

“SEC. 1521. PAYMENT OF RESIDENTS FOR SERVICES.

“(a)“(a)

Authority.—

The Chairman of the Armed Forces Retirement Board is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resident of the Retirement Home, to pay the resident for such services, and to fix the rate of such pay.

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“(b)“(b)

Employment Status.—

A resident receiving pay for services authorized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as—

“(1)“(1)

receiving the pay of a position or being employed in a position for the purposes of section 5532 of title 5, United States Code; or

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“(2)“(2)

being an employee of the United States for any other purpose.

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“(c)“(c)

Definition.—

In subsection (b)(1), the term ‘position’ has the meaning given that term in section 5531 of title 5, United States Code.”.

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Forgiveness of Indebtedness.—

The Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of the Armed Forces Retirement Home for repayment to the United States of amounts paid the resident for services provided to the Retirement Home before the date of the enactment of this Act if the Chairman determines that it would be in the interest of the United States to do so and against equity and good conscience to require the repayment.

Assistance Authorized—

The Secretary of Defense, in consultation with the Secretary of Education, shall provide financial assistance to local educational agencies in States as provided in this section.

Schools With Significant Numbers of Military Dependent Students.—

The Secretary of Defense shall provide financial assistance to an eligible local educational agency described in subsection (c) if, without such assistance, that agency will be unable (as determined by the Secretary of Defense in consultation with the Secretary of Education) to provide the students in the schools of the agency with a level of education that is equivalent to the minimum level of education available in the schools of the other local educational agencies in the same State.

Eligible Local Educational Agencies.—

A local educational agency is eligible for assistance under subsection (b) for a fiscal year if—

Adjustment Payments Related to Base Closures and Realignments.—

Subject to subsection (g), to assist communities in making adjustments resulting from reductions in the size of the Armed Forces, the Secretary of Defense shall transfer to the Secretary of Education funds to make payments to local educational agencies that are entitled to receive under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress; 20 U.S.C. 238), payments adjusted in accordance with subsection (e) of such section by reason of conditions described in subparagraphs (A) through (C) of paragraph (1) of such subsection that result from closures and realignments of military installations.

Report on Impact of Base Closures on Educational Agencies.—

Definitions.—

In this section:

Funding.—

Of the amounts appropriated for the Department of Defense for operation and maintenance in fiscal year 1993 pursuant to the authorization of appropriations in section 301—

Limitation on Transfer and Obligation of Funds.—

by striking the first subparagraph (C) (as added by section 330(a) of Public Law 94–482 (90 Stat. 2221)); and

by adding at the end the following new subparagraph:

“(D)“(D)

Any State whose program of State aid was certified by the Secretary under subparagraph (C) for fiscal year 1988, but whose program was determined by the Secretary under subparagraph (C)(i) not to meet the requirements of subparagraph (A) for one or more of the fiscal years 1989 through 1992—

“(i)“(i)

shall be deemed to have met the requirements of subparagraph (A) for each of the fiscal years 1989 through 1992; and

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“(ii)“(ii)

shall not, beginning with fiscal year 1993, and notwithstanding any other provision of this paragraph, take payments under this title into consideration as provided under subparagraph (A) for any fiscal year unless the Secretary has previously certified such State’s program for such fiscal year.”.

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The Army, 598,900, of whom not more than 88,855 shall be commissioned officers.

The Navy, 535,800, of whom not more than 67,455 shall be commissioned officers.

The Marine Corps, 181,900, of whom not more than 18,440 shall be commissioned officers.

The Air Force, 449,900, of whom not more than 84,970 shall be commissioned officers.

Waiver Authority.—

The Secretary of Defense may waive an end strength prescribed in section 401 for any of the Armed Forces to the extent that the Secretary considers the waiver necessary to prevent personnel imbalances that would impair the long term combat readiness of that armed force.

Transfer Authority.—

Exclusion.—

Section 526 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c)“(c)

Limited Exclusion for Joint Duty Requirements.—

(1)(1)

The Chairman of the Joint Chiefs of Staff may designate up to 12 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a) that are applicable on and after October 1, 1995. Officers in positions so designated shall not be counted for the purposes of those limitations.

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“(2)“(2)

This subsection shall cease to be effective on October 1, 1998.”.

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Technical Amendment.—

Subsection (b) of such section is amended by striking out “(b)” and inserting in lieu thereof “(b) Transfers Between Services.—”.

Study.—

The Secretary of Defense shall conduct a study of whether joint organizations of the Department of Defense are fully staffed with the appropriate number of general and flag officers. For such purpose, the Secretary, as part of the study, shall—

Report.—

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study. The report shall include—

In General.—

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 1993, as follows:

Increases in End Strengths.—

The Secretary of Defense may increase an end strength authorized by subsection (a) by not more than 2 percent.

Limitation on Reductions in End Strengths.—

Adjustments.—

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

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 proportionately increased by the total authorized strengths of such units and by the total number of such individual members.

The Army National Guard of the United States, 24,736.

The Army Reserve, 12,637.

The Naval Reserve, 21,490.

The Marine Corps Reserve, 2,285.

The Air National Guard of the United States, 9, 106.

The Air Force Reserve, 636.

Requirement To Prescribe Reserve Component Force Structure.—

The Secretary of each military department shall prescribe a force structure allowance for each reserve component under the jurisdiction of the Secretary. Each such force structure allowance for a reserve component—

Definition.—

For purposes of this section, the term “force structure allowance” means the number and types of units and organizations, and the number of authorized personnel spaces allocated to those units and organizations, in a military force.

In General.—

For fiscal year 1993, the Armed Forces are authorized average military training student loads as follows:

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.

Fiscal Year 1994 Limitation.—

The number of members of the Armed Forces on September 30, 1994, who are serving on full-time active duty or full-time National Guard duty and who, as a primary duty, carry out personnel recruiting activities may not exceed the number equal to 90 percent of the number of members of the Armed Forces who, as a primary duty, carried out personnel recruiting activities while serving on full-time active duty or full-time National Guard duty on September 30, 1992.

Fiscal Year 1993 Implementation.—

The Secretary of Defense shall ensure that the number of such personnel who, as a primary duty, carry out such activities is reduced appropriately during fiscal year 1993 to achieve the reduction required as of the end of fiscal year 1994.

Report on Planned Officer Accessions.—

Report on Planned Officer Assignments.—

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the types of assignments that the military departments plan for the commis-sioned officers who commence active duty for their initial period of obligated active duty service during each of fiscal years 1993 through 1997 after being commissioned upon completion of an officer training program, stated by officer training program. The report shall contain an analysis of the number of officers that are to be assigned for skills training and the number of officers that are to be assigned directly to occupational positions.

Submission of Reports.—

The reports required by subsections (a) and (b) shall be submitted together not later than April 1, 1993.

Requirement for Review.—

The Secretary of Defense shall provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each of the military departments and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system.

Matters To Be Considered.—

The review and evaluation shall include, for the officer personnel management system of each military department, the effects of the officer strength reductions on the following:

Report.—

Not later than December 31, 1993, the federally funded research and development center shall submit to the Secretary of Defense a report on the results of the review and evaluation. Within 60 days after receiving the report, the Secretary shall transmit the report to the Committees on Armed Services of the Senate and House of Representatives. The Secretary may submit to such committees any comments that the Secretary considers appropriate regarding the matters contained in the report.

Funding.—

Funds appropriated for fiscal year 1993 pursuant to title II and made available for federally funded research and development centers shall be available for the conduct of the review and evaluation under this section.

Regular Navy Commanders.—

Section 633 of title 10, United States Code, is amended by adding at the end the following: “During the period beginning on July 1, 1993, and ending on October 1, 1995, the preceding sentence shall not apply to an officer of the Navy designated for limited duty to whom section 6383 of this title applies.”.

Regular Navy Captains.—

Section 634 of title 10, United States Code, is amended by adding at the end the following: “During the period beginning on July 1, 1993, and ending on October 1, 1995, the preceding sentence shall not apply to an officer of the Regular Navy designated for limited duty to whom section 6383(a)(4) of this title applies.”.

Maximum Tenure.—

Subsection (a) of section 6383 of title 10, United States Code, is amended—

Limitation on Deferred Retirement.—

Subsection (i) of section 6383 of such title is amended by adding at the end the following: “During the period beginning on July 1, 1993, and ending on October 1, 1995, an officer of the Navy in the grade of commander or captain whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond age 62 or, if earlier, 28 years of active commissioned service if in the grade of commander or 30 years of active commissioned service if in the grade of captain.”.

Army.—

Section 3070 of title 10, United States Code, is amended—

Navy.—

Air Force.—

Section 8067(f) of such title is amended by inserting “and chiropractic functions” after “physician assistant functions”.

Deadline for Regulations.—

The regulations required to be prescribed by the amendments made by this section shall be prescribed not later than 180 days after the date of the enactment of this Act.

Minimum Requirements.—

Section 653 of title 10, United States Code, is amended—

Effective Date.—

The amendments made by subsection

10 USC 658 note.

(a) shall take effect as of November 29, 1989.

Repeal of Fiscal Year 1992 Deadline.—

Section 521 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1361) is repealed.

Personnel To Be Assigned.—

Section 414 of such Act (105 Stat. 1352) is amended—

by striking out “A member of a reserve component” and inserting in lieu thereof “The number of members of the reserve components”;

by striking out “may not be assigned” and inserting in lieu thereof “who are assigned”; and

by striking out the period at the end and inserting in lieu thereof “may not exceed 200.”.

Finding.—

The Congress finds that the force structure of the active component of the Army contains approximately 13,700 positions for personnel having missions to provide combat support and combat service support to inactivated Army units formerly stationed in Europe and the continental United States.

Report Required.—

Section 402(c)(1) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public

10 USC 115a note.

Law 102–190; 105 Stat. 1350) is amended by adding at the end the following:

“(E)“(E)

An assessment of the effect on combat readiness of realigning the missions referred to in subsection (a) to the reserve components of the Army, including an assessment on the capability of the early deploying contingency corps of a range of different mixes of active and reserve component combat support and combat service support units.”.

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In General.—

Chapter 34 of title 10, United States Code, is amended by inserting after section 595 the following new section:

Ҥ 596. Commissioned officers: appointment; educational requirement

“(a)“(a)

In General.—

After September 30, 1995, no person may be appointed to a grade above the grade of first lieutenant in the Army Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above the grade of lieutenant (junior grade) in the Naval Reserve, or be federally recognized in a grade above the grade of first lieutenant as a member of the Army National Guard or Air National Guard, unless that person has been awarded a baccalaureate degree by an accredited educational institution.

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“(b)“(b)

Exceptions.—

Subsection (a) does not apply to the following:

“(1)“(1)

The appointment to or recognition in a higher grade of a person who is appointed in or assigned for service in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment.

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“(2)“(2)

The appointment in the Naval Reserve or Marine Corps Reserve of an individual appointed for service as an officer designated as a limited duty officer.

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“(3)“(3)

The appointment in the Naval Reserve of an individual appointed for service under the Naval Aviation Cadet (NAVCAD) program.

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“(4)“(4)

The appointment to or recognition in a higher grade of any person who was appointed to, or federally recognized in, the grade of captain or, in the case of the Navy, lieutenant before October 1, 1995.”.

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Clerical Amendment.—

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 595 the following new item:

Conformance With Other Provisions of Law.—

Sections 1204(2) and 1206(4) of title 10, United States Code, are amended by inserting after “inactive-duty training” the following: “or of traveling directly to or from the place at which such duty is performed”.

Effective Date.—

The amendments made by subsection

10 USC 1204 note.

(a) shall take effect with respect to disabilities incurred on or after November 14, 1986, but any benefits or services payable by reason of the applicability of those amendments during the period beginning on November 14, 1986, and ending on the date of the enactment of this Act shall be subject to the availability of appropriations.

Amendments to Title 10.—

Amendment to Title 37.—

Subsection (d) of section 205 of title 37, United States Code, is amended to read as follows:

“(d)“(d)

Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after October 13, 1964, that the officer performed concurrently as a member of the Senior Reserve Officers’ Training Corps, except that service after July 31, 1990, that the officer performed while serving on active duty other than for training as an enlisted member of the Selected Reserve may be so counted.”.

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Limitation.—

The Secretary of Defense may not reduce the number of medical personnel in any reserve component below the number of such personnel in that reserve component on September 30, 1992.

Definition.—

In subsection (a), the term “medical personnel” has the meaning given that term in section 115a(g)(2) of title 10, United States Code.

Grade Determination Authority for Certain Reserve Medical Officers.—

Sections 3359(b) and 8359(b) of title 10, United States Code, are each amended by striking “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Promotion Authority for Certain Reserve Officers Serving on Active Duty.—

Sections 3380(d) and 8380(d) of such title are each amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Years of Service for Mandatory Transfer to the Retired Reserve.—

Section 1016(d) of the Department of Defense Authorization Act, 1984 (10 U.S.C. 3360 note) is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Effective Date.—

Limitation for the Army.—

Section 3258 of title 10, United States Code, is amended—

Limitation for the Air Force.—

Section 8258 of such title is amended—

Applicability.—

The amendments made by subsections (a)

10 USC 3258 note.

and (b) shall apply to persons discharged or released from active duty as commissioned officers in the Army Reserve or the Air Force Reserve, respectively, after the date of the enactment of this Act.

Dean of Academic Board at the Military Academy.—

Section 4335 of title 10, United States Code, is amended by striking out subsection (c).

Dean of the Faculty at the Air Force Academy.—

Section 9335 of such title is amended—

Civilian Faculty at Military Academy.—

Section 4331 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c)“(c)

(1)(1)

The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.

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“(2)“(2)

The compensation of persons employed under this subsection shall be as prescribed by the Secretary.

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“(3)“(3)

The Secretary may delegate the authority conferred by this subsection to any person in the Department of the Army to the extent the Secretary considers proper. Such delegation may be made with or without the authority to make successive redelegations.”.

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Civilian Faculty at Air Force Academy.—

Section 9331 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c)“(c)

(1)(1)

The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.

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“(2)“(2)

The compensation of persons employed under this subsection shall be as prescribed by the Secretary.

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“(3)“(3)

The Secretary may delegate the authority conferred by this subsection to any person in the Department of the Air Force to the extent the Secretary considers proper. Such delegation may be made with or without the authority to make successive redelegations.”.

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Proposed Legislation to Increase Civilian Faculty Members.—

Not later than April 1, 1993, the Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and House of Representatives recommended legislation for—

Review of Noninstructional Staff Positions.—

The Inspector General of the Department of Defense shall conduct a management audit of the noninstructional staff positions at the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy to determine which positions are absolutely essential for the accomplishment of the mission of these service academies and the maintenance of the quality of life at these service academies.

Report on Results of Review.—

Not later than June 1, 1993, the Secretary of Defense shall submit to Congress a report specifying those actions taken or proposed to be taken as a result of the management audit required by subsection (a).

before the date of the enactment of this Act, graduated from the program in leadership development offered at the Academy and fulfilled the requirements for the degree; or

as of that date, are enrolled in the program in leadership development offered at the Academy and subsequently graduate from the program and fulfill the requirements for the degree.

Report.—

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the undergraduate pilot training program of the Air Force. In the report the Secretary shall set forth the Secretary’s determination as to whether pilot candidate participation from the reserve components is necessary in order for the Air Force to meet pilot requirements after fiscal year 1995. A report shall be submitted not later than February 1, 1993.

Limitation.—

The Secretary of the Air Force may not schedule any member of a reserve component for undergraduate pilot training until the report required by subsection (a) is submitted.

Designation of Scholarships for Army National Guard.—

Section 2107(h) of title 10, United States Code, is amended—

Effective Date.—

The amendments made by subsection

10 USC 2107 note.

(a) shall take effect on January 1, 1993.

Increase in Authorized Number of Units.—

Subsection (a) of section 2031 of title 10, United States Code, is amended in the second sentence by striking out “1,600” and inserting in lieu thereof “3,500”.

Purpose of Program.—

Such subsection is further amended—

Requirements for Enrollment.—

Subsection (b)(1) of such section is amended—

Resources Provided by Department of Defense.—

Subsection (c)(2) of such section is amended by inserting before the semicolon the following: “and, to the extent considered appropriate by the Secretary concerned, such additional resources (including transportation and billeting) as may be available to support activities of the program”.

Instructor Pay Formula.—

In General.—

Chapter 59 of title 10, United States Code, is amended by adding at the end the following new section:

Ҥ 1176. Enlisted members: retention after completion of 18 or more, but less than 20, years of service

“(a)“(a)

Regular Members.—

A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall 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, unless the member is sooner retired or discharged under any other provision of law.

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“(b)“(b)

Reserve Members.—

A reserve enlisted member serving on active duty who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged or released from active duty is entitled to be credited with at least 18 but less than 20 years of service computed under section 1332 of this title, may not be discharged or released from active duty without the member’s consent before the earlier of the following:

“(1)“(1)

If as of the date on which the member is to be discharged or released from active duty the member has at least 18, but less than 19, years of service computed under section 1332 of this title—

“(A)“(A)

the date on which the member is entitled to be credited with 20 years of service computed under section 1332 of this title; or

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“(B)“(B)

the third anniversary of the date on which the member would otherwise be discharged or released from active duty.

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“(2)“(2)

If as of the date on which the member is to be discharged or released from active duty the member has at least 19, but less than 20, years of service computed under section 1332 of this title—

“(A)“(A)

the date on which the member is entitled to be credited with 20 years of service computed under section 1332 of this title; or

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“(B)“(B)

the second anniversary of the date on which the member would otherwise be discharged or released from active duty.”.

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Clerical Amendment.—

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Authority To Accept Honoraria.—

Notwithstanding the prohibition on the acceptance of honoraria contained in section 501(b) of the Ethics in Government Act of 1978, a faculty member or a student at a Department of Defense school specified under subsection (d) may accept an honorarium for an appearance, a speech, or an article published in a bona fide publication if such an appearance, speech, or article is customary for scholarly or academic activities normally associated with institutions of higher learning and if—

Special Rule Concerning Subject Matter.—

For purposes of subsection (a)(1), an appearance, speech, or article on a subject matter that is within an individual’s academic or military specialty, in the case of a faculty member, or an individual’s course of academic study, in the case of a student, shall not be considered to relate primarily to the responsibilities, policies, or programs of the school at which the individual is a faculty member or student if the preparation and presentation of the particular appearance, speech, or article is clearly outside of the individual’s duties.

Noncoverage of Highly Paid Faculty Members.—

Subsection (a) shall not apply to acceptance of an honorarium by a faculty member who is employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5, United States Code (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the rate of basic pay payable for Level V of the Executive Schedule.

Covered Schools.—

Honorarium Defined.—

For purposes of this section, the term “honorarium” means a payment of money or anything of value for an appearance, a speech, or an article (including a series of appearances, speeches, or articles).

Maximum Amount of Honorarium.—

The amount of any honorarium accepted under this section shall not exceed the usual and customary fee for the appearance, speech, or article for which the honorarium is paid, up to a maximum of $2,000.

Effective Date.—

This section shall apply with respect to any honorarium for an appearance or speech made, or an article published, on or after the date of the enactment of this Act.

in the second sentence of subsection (a)—

in subsection (d), by striking out “not later than” and all that follows and inserting in lieu thereof “not later than September 30, 1993.”.

In General.—

Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following:

Ҥ 3329. Appointments of military reserve technicians to positions in the competitive service

“(a)“(a)

For the purpose of this section, the term ‘military reserve technician’ has the meaning given such term by section 8401(30).

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“(b)“(b)

The Secretary of Defense shall take such steps as may be necessary to ensure that, except as provided in subsection (d), any military reserve technician who is involuntarily separated from technician service, after completing at least 15 years or such service and 20 years of service creditable under section 1332 of title 10, by reason of ceasing to satisfy the condition described in section 8401(30)(B) shall, if appropriate written application is submitted within 1 year after the date of separation, be offered a position described in subsection (c) not later than 6 months after the date of the application.

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“(c)“(c)

The position to be offered shall be a position—

“(1)“(1)

in the competitive service;

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“(2)“(2)

within the Department of Defense;

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“(3)“(3)

for which the individual is qualified; and

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“(4)“(4)

the rate of basic pay for which is not less than the rate last received for technician service before separation.

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“(d)“(d)

This section shall not apply in the case of—

“(1)“(1)

an involuntary separation for cause on charges of misconduct or delinquency; or

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“(2)“(2)

a technician who, as of the date of application under this section, is eligible for immediate (including for disability) or early retirement under subchapter III of chapter 83 or under chapter 84.

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“(e)“(e)

The Secretary of Defense shall, in consultation with the

Regulations.

Director of the Office of Personnel Management, prescribe such regulations as may be necessary to carry out this section.”.

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Clerical Amendment.—

The table of sections for chapter 33 of title 5, United States Code, is amended by adding after the item relating to section 3328 the following:

Regulations.—

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise applicable regulations to incorporate the requirements set forth in subsections (b), (c), and (d). In revising such regulations, the Secretary shall take into account any guidelines regarding psychiatric hospitalization of adults prepared by professional civilian health organizations.

Procedures for Outpatient and Inpatient Evaluations.—

Rights of Members.—

The revisions required by subsection (a) shall provide that, in any case in which a member of the Armed Forces is referred for a mental health evaluation other than in an emergency, the following provisions apply:

Additional Rights of Members and Procedures for Emergency or Involuntary Inpatient Evaluations.—

Construction.—

Nothing in the regulations prescribed under this section shall be construed to discourage referrals for appropriate mental health evaluations when circumstances suggest the need for such action.

Prohibition Against the Use of Referrals for Mental Health Evaluations to Retaliate Against Whistleblowers.—

Definitions.—

In this section:

Report.—

At the same time as the regulations required by this section are revised, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the process of preparing the regulations, including—

Conforming Repeal.—

Subsection (g) of section 554 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510) is hereby repealed.

10 USC 1074 note.

Report Required.—

The Secretary of Defense, in consultation with the Director of the Selective Service System, shall prepare a report regarding the continued requirement for registration under the selective service system. The report shall contain, at a minimum, analyses on the effect of suspension of the requirement for registration on—

Submission of Report.—

The report required by subsection (a) shall be submitted to the President not later than April 30, 1993, together with such recommendations as the Secretary considers

President.

to be appropriate in light of the analyses. The President shall transmit the report to Congress not later than May 31, 1993, together with a description of what actions, if any, the President proposes to take with respect to the report.

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 1993 shall not be made.

Increase in Basic Pay, BAS, and BAQ.—

Effective on January 1, 1993, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3.7 percent.

Expanded Authority.—

Section 1006(c) of title 37, United States Code, is amended by striking out the first and second sentences and inserting in lieu thereof the following new sentences: “Under regulations prescribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty outside the United States, or other place designated by the President, of not more than two months’ basic pay may be made to a member if the member or the dependents of the member are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b). An advance may be made on the basis of the evacuation of a member’s dependents only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located. In the case of a member with dependents, the payment may be made directly to dependents previously designated by the member.”.

Applicability.—

The amendment made by subsection (a) shall apply with respect to evacuations on or after June 1, 1991.

by striking out “Navy or” and inserting in lieu thereof “Navy,”; and

by inserting before the semicolon the following: “, or an officer in the Army Medical Specialist Corps”.

Reenlistment Bonus for Active Members.—

Section 308(g) of title 37, United States Code, is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Enlistment Bonus for Critical Skills.—

Section 308a(c) of title 37, United States Code, is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Aviator Retention Bonus.—

Section 301b(a) of title 37, United States Code, is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Extension of Enlistment and Reenlistment Bonus Authorities for Reserve Forces.—

Sections 308b(f), 308c(e), 308e(e), 308h(g), and 308i(i) of title 37, United States Code, are each amended by striking out “September 30, 1992” and inserting in lieu thereof in each instance “September 30, 1993”.

Extension of Special Pay for Enlisted Members of the Selected Reserve Assigned to High Priority Units.—

Section 308d(c) of title 37, United States Code, is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Education Loans for Certain Health Professionals Who Serve in the Selected Reserve.—

Section 2172(d) of title 10, United States Code, is amended by striking out “October 1, 1992” and inserting in lieu thereof “October 1, 1993”.

Accession Bonus for Registered Nurses.—

Section 302d(a) of title 37, United States Code, is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Nurse Candidate Accession Program.—

Section 2130a(a)(1) of title 10, United States Code, is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Special Pay for Nurse Anesthetists.—

Section 302e(a) of title 37, United States Code, is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1993”.

Coverage of Period of Lapsed Authority.—

Title 37.—

Section 406 of title 37, United States Code, is amended by adding at the end the following new subsection:

“(n)“(n)

No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section.”.

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Title 10.—

Section 2634 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(f)“(f)

No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of a motor vehicle being transported under this section.”.

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Travel Allowance.—

Applicability.—

Section 434 of title 37, United States Code,

37 USC 434 note.

as added by subsection (a), shall apply with respect to escort duty described in that section which is performed on or after the date of the enactment of this Act.

by striking out “Military Airlift Command” and inserting in lieu thereof “Air Mobility Command”; and

by striking out “or the Naval Aircraft Ferrying Squadrons,” and inserting in lieu thereof “the Naval Aircraft Ferrying Squadrons, or any other unit determined by the Secretary concerned to be performing duties similar to the duties performed by such command or squadrons,”.

Coverage of Expenses Incurred Before Regulatory Change.—

The changes made in the Joint Federal Travel Regulations on August 28 and August 29, 1992, to authorize the payment of allowances to members of the Armed Forces, federal civilian employees, and dependents of such members and employees who were ordered to depart from the vicinity of Homestead Air Force Base in the State of Florida as a consequence of Hurricane Andrew shall apply with respect to expenses in connection with such departure incurred on or after August 23, 1992 (the date of the ordered departure), to the extent the expenses would be covered by the regulations if the changes were effective on August 23, 1992.