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United States · Bill · S

S. 1337 (103rd)

National Defense Authorization Act for Fiscal Year 1994

openUnited States· United States Congress· EN

Introduced

2 August 1993

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Message on Senate action sent to the House.

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Source updated

14 January 2025

Summary

TABLE OF CONTENTS: Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Title V: Military Personnel Policy Title VI: Compensation and Other Personnel Benefits Title VII: Health Care Provisions Title VIII: Acquisition Policy Title IX: Department of Defense Organization and Management Title X: General Provisions Title XI: Prevention and Control of Proliferation of Weapons of Mass Destruction Title XII: Cooperative Threat Reduction With States of Former Soviet Union National Defense Authorization Act for Fiscal Year 1994 - Title I: Procurement - Subtitle A: Funding Authorizations - Authorizes appropriations for FY 1994 for procurement for the Army, Navy and Marine Corps, defense agencies, the Defense Inspector General, and the reserve components of the armed forces. Authorizes appropriations for FY 1994 for the chemical demilitarization program (the destruction of lethal chemical agents and munitions). Subtitle B: Army Programs - Authorizes appropriations for the procurement of certain carriers and turbine engines. Earmarks specified FY 1993 funds for the procurement of nuclear, biological, and chemical protective masks. Prohibits new funding for the Improved Chemical Agent Monitor program. Subtitle C: Air Force Programs - Earmarks limited funds for the B-1, B-2, and B-52 bomber aircraft programs, with specified limitations. Provides for Comptroller General access to information concerning heavy bomber programs. Places specified limitations on the FY 1994 and 1995 Air Force acquisition of the C-17 aircraft. Prohibits funding for the Joint Primary Aircraft training system until the Secretary of Defense has met certain congressional reporting requirements. Authorizes certain Department of Defense (DOD) with respect to the solid rocket motor upgrade program. Subtitle D: Other Programs - Earmarks prior funding for certain intelligence aircraft programs. Directs the Secretary to provide for an independent study on the management and funding of the Global Positioning System for the future. Expresses the sense of the Congress that the Navy should move expeditiously to award sealift conversion and construction contracts that represent a fair price to the taxpayer. Provides permanent authority to carry out a memorandum of understanding with respect to the Airborne Warning and Control System (AWACS). Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorizations - Authorizes appropriations for FY 1994 for the armed forces and defense agencies for research, development, test, and evaluation (R&D), earmarking specified amounts of such funds for: (1) basic research and exploratory development; (2) the Strategic Environmental Research and Development Program; and (3) defense conversion and reinvestment R&D programs. Subtitle B: Program Requirements, Restrictions, and Limitations - Outlines various requirements, restrictions, or limitations with respect to: (1) the kinetic energy antisatellite program; (2) the javeline missile program; (3) a plan for testing a new electronic countermeasures system for B-1B bombers; (4) the development of a space launch plan that takes into account new space launch vehicles and technology; (5) the earmarking of FY 1994 funds for the medical component of DOD's biological defense research program; (6) a baseline report for the Arrow tactical ballistic missile defense system; and (7) the procuring of work from federally funded research and development centers. Subtitle C: Missile Defense Programs - Provides for the conditional funding of certain ballistic missile defense programs. Requires the Secretary to review various systems and components of ballistic missile defense systems in order to determine their current compliance with the Antiballistic Missile Treaty (ABM Treaty). Limits funding until such review is completed. Directs the Secretary to report to the Congress an updated master plan for theater missile defenses. Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1994 the authority for the transfer of responsibility with respect to far-term follow-on technologies. Directs the Secretary to review and report to the Senate and House Armed Services Committees (the defense committees) on the opportunities to streamline the weapon system acquisition process applicable to the development, testing, and deployment of ballistic missile defenses. Earmarks FY 1994 funds for ballistics missile defense programs. Subtitle D: Other Matters - Limits the underground explosion testing of certain nuclear weapons until certain congressional notifications are met. Terminates the Advisory Council on Federal Participation in Sematech as established under prior law. Establishes the Semiconductor Technology Council to perform semiconductor-related advisory functions. Authorizes the Secretary of the Navy to acquire the Navy Large Cavitation Channel on President's Island, Memphis, Tennessee. Revises the membership of the Strategic Environmental Research Council. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1994 for operation and maintenance for the armed forces (including its reserve and National Guard components), the defense agencies, the defense health program, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, defense, the Global Cooperative Initiatives Fund, support for the 1994 World Cup Games and the 1996 Summer Olympics, and for the former Soviet Union threat reduction. Authorizes appropriations for working capital funds of DOD. Renames the National Defense Strategic Sealift Fund as the National Defense Strategic Lift Fund, and revises provisions with respect to Fund purposes, deposits, and budgets. Authorizes appropriations for the Armed Forces Retirement Home. Provides certain transfer authorities. Subtitle B: Defense Business Operations Fund - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to: (1) extend through December 31, 1994, the authority for the use of the Defense Business Operations Fund; and (2) revise provisions concerning Fund implementation. Limits during FY 1994 the obligations against such Fund. Subtitle C: Environmental Provisions - Directs the Secretary to permit and encourage each military department, defense agency, and other DOD instrumentality to participate in programs conducted by any water utility for water management or water conservation. Authorizes the Secretary to carry out a military construction project for water conservation. Extends through FY 1996 the applicability of Federal provisions requiring contractor reimbursement to the United States for certain liabilities relating to the handling of hazardous waste from defense facilities. Prohibits FY 1994 DOD funds from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD. Subtitle D: Other Matters - Authorizes the Commandant of the Marine Corps to undertake necessary minor maintenance and repair of Pacific battle monuments until such responsibilities are assumed by the American Battle Monuments Commission. Revises provisions of the National Defense Authorization Act for Fiscal Year 1993 relating to a pilot program to use National Guard personnel in medically underserved communities. Allows National Guard training to include the provision of such health care. Requires the JCS Chairman to submit to the Congress in each of FY 1994 through 1996 an assessment of the readiness and capability of U.S. armed forces to carry out its full range of assigned missions. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes the end strengths for active-duty forces for FY 1994. Allows an FY 1994 through 1997 variation in the number of Marine Corps commissioned officers authorized to be serving on active duty as majors or lieutenant colonels. Subtitle B: Reserve Forces - Authorizes the end strengths for reserve personnel for FY 1994. Provides the end strengths for reserve personnel serving on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Provides the average military training student loads for FY 1994. Subtitle D: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1994 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Awards constructive service credit for advanced education achieved in a heath profession for both active-duty and reserve officer personnel. Provides for the involuntary separation of certain regular warrant officers from the armed forces during FY 1993 and 1994. Extends through FY 1995 the authority for the temporary promotions of certain Navy lieutenants. Subtitle B: Reserve Components - Extends through FY 1995 (currently FY 1993) certain reserve officer management authorities. Provides an exception to the normally-required 12 weeks of basic training for persons already possessing skills in the civilian sector that can be readily applied in the armed forces. Requires physical examinations at least every five years (currently four) for members of the Selected Reserve. Subtitle C: Service Academies - Authorizes the Secretary to establish and appoint civilian faculty members at the U.S. military academies. Requires each teaching staff member at such academies to report to the Academy Superintendent any incident of hazing or any violation of an academy regulation by a cadet or midshipman, with penalties for failure to so report. Subtitle D: Force Reduction Transition - Extends through various periods certain personnel management and benefits transition authorities. Subtitle E: Other Matters - Repeals Federal provisions restricting the assignment of women in the armed forces. Authorizes the Secretary of the military department concerned to prescribe the kinds of duties which women members of such armed force may be assigned. Reduces from five to three years the maximum period to be on the temporary disability retired list. Authorizes the Secretary concerned to reduce the active duty service obligation incurred in connection with advanced education assistance. Provides for the award of the Purple Heart to military personnel killed or wounded in action by friendly fire. Expresses congressional policy that a member of the armed forces shall be separated from military service if the member has, or has attempted to, engage in homosexual conduct or admitted to being a homosexual. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives the application of FY 1994 military personnel pay adjustments in conformity with increases made in the General Schedule of the Federal Government. Provides, effective January 1, 1994, a 2.2 percent increase in the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters for members of the armed forces. Subtitle B: Bonuses, Special Pay, and Incentive Pay - Revises the authority relating to the payment of certain Selected Reserve bonuses. Extends through FY 1995 the authority relating to the payment of certain bonuses, payment of special pay, and the repayment requirement for certain educational loans. Subtitle C: Travel and Transportation Allowances - Increases the authorized period of lodging in connection with the reimbursement of temporary lodging expenses of military personnel. Provides for the treatment of advance pay paid to military personnel evacuated from Homestead Air Force Base, Florida, due to Hurricane Andrew. Subtitle D: Matters Related to Retired Pay and Separation Benefits - Provides for the concurrent payment of disability compensation and retired pay for persons with disabilities rated as total. Increases from five to six years the minimum service requirement for eligibility for certain separation benefits. Applies the reserve component defense conversion transition initiatives enumerated in the National Defense Authorization Act for Fiscal Year 1993 to the Coast Guard Reserve. Subtitle E: Benefits for Former POWs and Other Members Held Captive - Amends the War Claims Act of 1948 to allow the Foreign Claims Settlement of the United States to hear, determine, and compensate former prisoners of war under claims under the Geneva Conventions. Defines such a former prisoner of war as a person held involuntarily during a period declared by the President or the Congress as a period in which U.S. armed forces were involved in a force hostile to the United States. Provides for appeal of a negative claims decision in a U.S. Court of Federal Claims. Authorizes certain compensation for victims of terrorist acts. Subtitle F: Other Matters - Provides authority to limit the direct payment of pay and allowances to certain members during war, hostilities, or national emergency. Postpones the performance of certain tax-related acts for certain persons serving in contingency operations. Revises provisions concerning the payment of benefits to dependents of military personnel who lose (and possibly, regain) the right to retired pay as the result of a military court-martial. Title VII: Health Care Provisions - Authorizes the Secretary to designate military health care facilities and civilian health care facilities as specialized treatment facilities. Provides for full or partial reimbursement of transportation expenses related to travel to such facilities for specialized treatment. Terminates such program as of the end of FY 1995. Prohibits the Secretary from providing a health care service under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) if determined not medically or psychologically necessary by a CHAMPUS peer review organization. Amends the Department of Defense Authorization Act, 1984, to delay through December 31, 1998, the termination of the status of certain health care facilities as uniformed services treatment facilities. Provides for enrollment in the dependents' dental program by certain military personnel returning from overseas assignments. Title VIII: Acquisition Policy - Subtitle A: Defense Technology and Industrial Base, Reinvestment, and Conversion - Directs the Secretary to establish a Manufacturing Science and Technology program to enhance the capability of industry to meet the manufacturing needs of DOD. Provides funding from amounts authorized under this Act. Directs the Secretary to establish a University Research Initiative Support Program for the award of grants and contracts to eligible institutions of higher education to support the conduct of R&D relevant to DOD requirements. Provides funding. Subtitle B: Acquisition Assistance Programs - Earmarks specified funds authorized under this Act for the procurement technical assistance program and the pilot Mentor-Protege program. Extends the program admission date under the latter program through FY 1995. Subtitle C: Other Matters - Revises provisions concerning defense contractor dealings with entities owned or controlled by foreign governments. Requires defense contractors to report to the Secretary any commercial transactions conducted by such contractors with terrorist countries or nationals of such countries. Title IX: Department of Defense Organization and Management - Establishes an Assistant Secretary of Defense for Legislative Affairs. Repeals a Federal provision which terminates the position of Director of Expeditionary Warfare on November 1, 1997. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary to transfer DOD authorizations made in this Division between any such authorizations for that fiscal year, with limitations. Requires congressional notification. Authorizes (currently requires) the Comptroller General to conduct annual audits of DOD acceptance of property and services from foreign countries in connection with mutual defense. Subtitle B: Fiscal Year 1993 Authorization Matters - Provides the authority, with exceptions, for the obligation of certain unauthorized FY 1993 defense appropriations. Authorizes the Secretary of the Air Force to use certain FY 1993 Air Force funds for higher priority FY 1994 Air Force projects. Authorizes supplemental appropriations for FY 1993 for certain defense operations, CHAMPUS, and the repair of flood damage at Camp Pendleton, California. Obligates a specified amount for such purposes from the National Security Education Trust Fund. Subtitle C: Joint Officer Personnel Matters - Extends until January 1, 1999, certain exceptions to the requirement of a joint duty assignment for promotion to a general or flag officer. Provides joint duty credit for certain duty performed during Operations Desert Shield and Desert Storm. Subtitle D: Matters Relating to Reserve Components - Directs the Secretary to review Air Force plans to transfer certain heavy bombers units from the Air Force active-duty to its reserve component. Requires the transfer of certain air refueling aircraft from Air Force active duty to its reserve. Subtitle E: International Peacekeeping Activities - Authorizes the Secretary to provide assistance, with a limit, for international peacekeeping activities during FY 1994. Repeals a current termination of such activities. Authorizes similar assistance to the United Nations for such activities. Requires the President to submit to the Congress a report on U.S. policy on multinational peacekeeping and peace enforcement. Establishes the Department of Defense Global Cooperative Initiatives Fund and authorizes appropriations to such Fund. Revises provisions concerning the scope of U.S. authority to enter into cooperative agreements with the United Nations and regional security organizations to acquire and provide logistic support, supplies, and services. Subtitle F: Matters Relating to Allies and Other Nations - Authorizes the Secretary to enter into agreements with U.S. allies and other friendly governments for the exchange of military and civilian personnel between such countries. Authorizes the Secretary to accept from Japan, Kuwait, and the Republic of Korea contributions for U.S. defense efforts there. Transfers to Korea certain obsolete or surplus defense articles currently in the war reserve allies stockpile. Authorizes the President during FY 1994 to issue guarantees for the sale of defense articles and services to NATO member nations and Israel, Australia, Japan, and the Republic of Korea. Amends the Foreign Assistance to revise provisions relating to the transfer to certain countries of excess defense articles. Subtitle G: Other Matters - Requires a report to the Congress by the Secretaries of Defense and Energy entitled "Manpower Required to Implement Export Controls on Certain Weapons Transfers." Authorizes the Secretary to employ as many civilian directors, deans, professors, etc. at the George C. Marshall European Center for Securities Studies as considered necessary. Recognizes the memorial to the USS Indianapolis in Indianapolis, Indiana, as a national memorial. Title XI: Prevention and Control of Proliferation of Weapons of Mass Destruction - Weapons of Mass Destruction Proliferation Prevention and Control Act of 1993 - Directs DOD, the Department of Energy, and the Intelligence Community, in a manner consistent with U.S. nonproliferation policy, to continue to maintain and improve their capabilities to identify, monitor, and respond to the proliferation of weapons of mass destruction as well as delivery systems for such weapons. Provides for the establishment of a committee on nonproliferation activities, and the submission to the Congress of a report on such committee's findings. Directs the Secretary to carry out an international nonproliferation and counterproliferation initiative, providing international financial assistance for certain nonproliferation activities, with specified limitations. Provides funding. Earmarks specified funds authorized under this Act for the Defense Technology Security Administration of DOD for support of U.S. nonproliferation policy. Authorizes the Secretary to conduct studies during FY 1994 in support of such policy. Provides funding. Title XII: Cooperative Threat Reduction with States of Former Soviet Union - Cooperative Threat Reduction Act of 1993 - States that it is in the national security interest of the United States to facilitate within the independent States of the former Soviet Union the dismantling, safe transportation, storage, and elimination of its weapons of mass destruction and certain conventional weapons. Authorizes the President to conduct programs to assist such States in their demilitarization, with restrictions. Authorizes appropriations. Requires prior notice to the appropriate congressional committees of obligation of funds for such purposes. Requires a semiannual report from the President.

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