IB

103D CONGRESS

2D SESSION H. R. 4650

IN THE HOUSE OF REPRESENTATIVES

AUGUST 11, 1994

Ordered to be printed with amendments of the Senate numbered

AN ACT

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 1995, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1995, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:

8 TITLE I

9 MILITARY PERSONNEL

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, interest on

12 deposits, gratuities, permanent change of station travel
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1 (including all expenses thereof for organizational move2 ments), and expenses of temporary duty travel between

3 permanent duty stations, for members of the Army on ac4 tive duty (except members of reserve components provided

5 for elsewhere), cadets, and aviation cadets; and for pay6 ments pursuant to section 156 of Public Law 97–377, as

7 amended (42 U.S.C. 402 note), to section 229(b) of the

8 Social Security Act (42 U.S.C. 429(b)), and to the De9 partment of Defense Military Retirement Fund;

10 Ω1æ$20,737,470,000 $20,629,770,000.

11 SECTION 1. VISAS FOR OFFICIALS OF TAIWAN.—Sec12 tion 4(b)(6) of the Taiwan Relations Act (22 U.S.C.

13 3302(b)(6)) is amended—

14 (1) by inserting ‘‘(A)’’ immediately after ‘‘(6)’’;

15 and

16 (2) by adding at the end the following:

17 ‘‘(B) Whenever the president of Taiwan or any

18 other high-level official of Taiwan shall apply for a

19 temporary visa to visit the United States for the pur20 poses of:

21 ‘‘(i) Discussions with United States Federal

22 or State Government officials concerning trade

23 or business with Taiwan or the reduction of the

24 United States-Taiwan trade deficit;
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1 ‘‘(ii) Discussions with United States Fed2 eral or State Government officials concerning

3 nuclear proliferation;

4 ‘‘(iii) Discussions with United States Fed5 eral officials concerning United States national

6 security or the national security of Taiwan; or

7 ‘‘(iv) Discussions with United States Fed8 eral or State Government officials concerning the

9 proviion of humanitarian relief and assistance

10 for regional disasters;

11 The official shall be admitted to the United States,

12 unless the official is otherwise excludable under the

13 immigration laws of the United States.’’.

14 SEC. 2. LIMITATION ON THE USE OF FUNDS FOR THE SAN15 DINISTA POPULAR ARMY AND SECURITY

16 FORCES OF NICARAGUA.

17 None of the funds appropriated under this Act may

18 be obligated or expended for the armed forces or security

19 forces of Nicaragua, and none of the funds appropriated

20 by this Act may be obligated or expended to pay the salaries

21 of United States military personnel to provide assistance

22 for the armed forces or security forces of Nicaragua, until

23 the President determines and certifies to the Congress

24 that—
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1 (1) Nicaraguan military officers implicated for

2 committing human rights violations, including those

3 involved in the murders of Enrique Bermudez, Arges

4 Sequeira, and Jean Paul Genie, have been removed or

5 suspended from the military and judicial proceedings

6 have commenced;

7 (2) officers of the Nicaraguan armed forces or se8 curity forces are not involved in the illicit trafficking

9 of military equipment, including those seized by Co10 lombian authorities on the San Andres Islands on

11 July 24, 1994;

12 (3) civilian control over the military and secu13 rity forces, including control over the budget and ex14 penditures of such forces, has been clearly established;

15 and

16 (4) there has been a full and independent inves17 tigation conducted relating to issues raised by the

18 May 23, 1993 discovery of the Santa Rosa arms cache

19 of the existence of a terrorist/kidnapping ring and

20 any individuals identified by the investigation as

21 being part of such ring are being prosecuted.

22 MILITARY PERSONNEL, NAVY

23 For pay, allowances, individual clothing, interest on

24 deposits, gratuities, permanent change of station travel

25 (including all expenses thereof for organizational move-
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1 ments), and expenses of temporary duty travel between

2 permanent duty stations, for members of the Navy on ac3 tive duty (except members of the Reserve provided for

4 elsewhere), midshipmen, and aviation cadets; and for pay5 ments pursuant to section 156 of Public Law 97–377, as

6 amended (42 U.S.C. 402 note), to section 229(b) of the

7 Social Security Act (42 U.S.C. 429(b)), and to the De8 partment of Defense Military Retirement Fund;

9 Ω2æ$17,692,537,000 $17,638,483,000.

10 MILITARY PERSONNEL, MARINE CORPS

11 For pay, allowances, individual clothing, interest on

12 deposits, gratuities, permanent change of station travel

13 (including all expenses thereof for organizational move14 ments), and expenses of temporary duty travel between

15 permanent duty stations, for members of the Marine

16 Corps on active duty (except members of the Reserve pro17 vided for elsewhere); and for payments pursuant to section

18 156 of Public Law 97–377, as amended (42 U.S.C. 402

19 note), to section 229(b) of the Social Security Act (42

20 U.S.C. 429(b)), and to the Department of Defense Mili21 tary Retirement Fund; Ω3æ$5,816,671,000

22 $5,806,471,000.

23 MILITARY PERSONNEL, AIR FORCE

24 For pay, allowances, individual clothing, interest on

25 deposits, gratuities, permanent change of station travel
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1 (including all expenses thereof for organizational move2 ments), and expenses of temporary duty travel between

3 permanent duty stations, for members of the Air Force

4 on active duty (except members of reserve components

5 provided for elsewhere), cadets, and aviation cadets; and

6 for payments pursuant to section 156 of Public Law 97–

7 377, as amended (42 U.S.C. 402 note), to section 229(b)

8 of the Social Security Act (42 U.S.C. 429(b)), and to the

9 Department of Defense Military Retirement Fund;

10 Ω4æ$17,311,379,000 $17,031,179,000.

11 RESERVE PERSONNEL, ARMY

12 For pay, allowances, clothing, subsistence, gratuities,

13 travel, and related expenses for personnel of the Army Re14 serve on active duty under sections 265, 3021, and 3038

15 of title 10, United States Code, or while serving on active

16 duty under section 672(d) of title 10, United States Code,

17 in connection with performing duty specified in section

18 678(a) of title 10, United States Code, or while under19 going reserve training, or while performing drills or equiv20 alent duty or other duty, and for members of the Reserve

21 Officers’ Training Corps, and expenses authorized by sec22 tion 2131 of title 10, United States Code; and for pay23 ments to the Department of Defense Military Retirement

24 Fund; Ω5æ$2,183,620,000 $2,178,620,000.
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1 RESERVE PERSONNEL, NAVY

2 For pay, allowances, clothing, subsistence, gratuities,

3 travel, and related expenses for personnel of the Navy Re4 serve on active duty under section 265 of title 10, United

5 States Code, or while serving on active duty under section

6 672(d) of title 10, United States Code, in connection with

7 performing duty specified in section 678(a) of title 10,

8 United States Code, or while undergoing reserve training,

9 or while performing drills or equivalent duty, and for

10 members of the Reserve Officers’ Training Corps, and ex11 penses authorized by section 2131 of title 10, United

12 States Code; and for payments to the Department of De13 fense Military Retirement Fund; Ω6æ$1,398,609,000

14 $1,418,723,000.

15 RESERVE PERSONNEL, MARINE CORPS

16 For pay, allowances, clothing, subsistence, gratuities,

17 travel, and related expenses for personnel of the Marine

18 Corps Reserve on active duty under section 265 of title

19 10, United States Code, or while serving on active duty

20 under section 672(d) of title 10, United States Code, in

21 connection with performing duty specified in section

22 678(a) of title 10, United States Code, or while under23 going reserve training, or while performing drills or equiv24 alent duty, and for members of the Marine Corps platoon

25 leaders class, and expenses authorized by section 2131 of
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1 title 10, United States Code; and for payments to the De2 partment of Defense Military Retirement Fund;

3 Ω7æ$354,048,000 $351,098,000.

4 RESERVE PERSONNEL, AIR FORCE

5 For pay, allowances, clothing, subsistence, gratuities,

6 travel, and related expenses for personnel of the Air Force

7 Reserve on active duty under sections 265, 8021, and

8 8038 of title 10, United States Code, or while serving on

9 active duty under section 672(d) of title 10, United States

10 Code, in connection with performing duty specified in sec11 tion 678(a) of title 10, United States Code, or while un12 dergoing reserve training, or while performing drills or

13 equivalent duty or other duty, and for members of the Air

14 Reserve Officers’ Training Corps, and expenses authorized

15 by section 2131 of title 10, United States Code; and for

16 payments to the Department of Defense Military Retire17 ment Fund; Ω8æ$782,434,000 $774,834,000.

18 NATIONAL GUARD PERSONNEL, ARMY

19 For pay, allowances, clothing, subsistence, gratuities,

20 travel, and related expenses for personnel of the Army Na21 tional Guard while on duty under section 265, 3021, or

22 3496 of title 10 or section 708 of title 32, United States

23 Code, or while serving on duty under section 672(d) of

24 title 10 or section 502(f) of title 32, United States Code,

25 in connection with performing duty specified in section
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1 678(a) of title 10, United States Code, or while under2 going training, or while performing drills or equivalent

3 duty or other duty, and expenses authorized by section

4 2131 of title 10, United States Code; and for payments

5 to the Department of Defense Military Retirement Fund;

6 Ω9æ$3,378,705,000 $3,371,605,000.

7 NATIONAL GUARD PERSONNEL, AIR FORCE

8 For pay, allowances, clothing, subsistence, gratuities,

9 travel, and related expenses for personnel of the Air Na10 tional Guard on duty under section 265, 8021, or 8496

11 of title 10 or section 708 of title 32, United States Code,

12 or while serving on duty under section 672(d) of title 10

13 or section 502(f) of title 32, United States Code, in con14 nection with performing duty specified in section 678(a)

15 of title 10, United States Code, or while undergoing train16 ing, or while performing drills or equivalent duty or other

17 duty, and expenses authorized by section 2131 of title 10,

18 United States Code; and for payments to the Department

19 of Defense Military Retirement Fund;

20 Ω10æ$1,238,029,000 $1,244,729,000.
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1 TITLE II

2 OPERATION AND MAINTENANCE

3 OPERATION AND MAINTENANCE, ARMY

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance of the Army, as author7 ized by law; and not to exceed $14,437,000 can be used

8 for emergencies and extraordinary expenses, to be ex9 pended on the approval or authority of the Secretary of

10 the Army, and payments may be made on his certificate

11 of necessity for confidential military purposes;

12 Ω11æ$17,836,504,000 $17,475,806,000Ω12æ, of which

13 $150,000,000 for real property maintenance shall be made

14 available for obligation until September 30, 1996 and, in

15 addition, $50,000,000 shall be derived by transfer from

16 the National Defense Stockpile Transaction FundΩ13æ:–

17 Provided, That of the funds appropriated in this para18 graph, not less than $388,599,000 shall be made available

19 only for conventional ammunition care and maintenance:

20 Provided further, That of the funds appropriated in this

21 paragraph, $5,800,000 shall be available only for removal

22 of Department of Defense equipment from Pine Bluff Ar23 senal: Provided further, That of the funds appropriated in

24 this paragraph, $473,763,000 shall not be obligated or ex25 pended until authorized by law: Provided, That of the funds
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1 appropriated under this heading, not less than $5,000,000

2 shall be made available only for payment to the DOD 50th

3 Anniversary of World War II Commemoration Appropria4 tion.

5 OPERATION AND MAINTENANCE, NAVY

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses, not otherwise provided for, necessary

8 for the operation and maintenance of the Navy and the

9 Marine Corps, as authorized by law; and not to exceed

10 $4,301,000 can be used for emergencies and extraordinary

11 expenses, to be expended on the approval or authority of

12 the Secretary of the Navy, and payments may be made

13 on his certificate of necessity for confidential military pur14 poses; Ω14æ$21,316,555,000 $21,275,770,000Ω15æ,–of

15 which $200,000,000 for real property maintenance shall

16 be made available for obligation until September 30, 1996

17 and, in addition, $50,000,000 shall be derived by transfer

18 from the National Defense Stockpile Transaction

19 FundΩ16æ:–Provided, That of the funds appropriated in

20 this paragraph, $1,206,359,000 shall not be obligated or

21 expended until authorized by law: Provided, That of the

22 funds appropriated under this heading, not less than

23 $2,436,700,000 shall be made available for depot mainte24 nance, repair and overhaul of United States Navy ships

25 prior to September 30, 1995Ω17æ: Provided further, That
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1 of the funds appropriated under this heading, not less than

2 $39,674,000 shall be made available only for the Pacific

3 Missile Range Facility, HawaiiΩ18æ: Provided further,

4 That of the funds appropriated under this heading, not less

5 than $1,000,000 shall be made available only for environ6 mental hazard response and remediation activities at facili7 ties owned by the Department of the Navy at the Derecktor

8 Shipyard, Newport, Rhode Island.

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance of the Marine Corps,

12 as authorized by law; Ω19æ$2,097,395,000

13 $1,968,965,000Ω20æ,–of which $66,000,000 for real prop14 erty maintenance shall be made available for obligation

15 until September 30, 1996: Provided, That of the funds ap16 propriated in this paragraph, $100,300,000 shall not be

17 obligated or expended until authorized by law.

18 OPERATION AND MAINTENANCE, AIR FORCE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of the Air Force, as

22 authorized by law; and not to exceed $8,762,000 can be

23 used for emergencies and extraordinary expenses, to be ex24 pended on the approval or authority of the Secretary of

25 the Air Force, and payments may be made on his certifi-
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1 cate of necessity for confidential military purposes;

2 Ω21æ$18,913,050,000 $18,786,243,000Ω22æ,–of which

3 $84,000,000 for real property maintenance shall be made

4 available for obligation until September 30, 1996 and, in

5 addition, $50,000,000 shall be derived by transfer from

6 the National Defense Stockpile Transaction FundΩ23æ:–

7 Provided, That of the funds appropriated in this para8 graph, $179,592,000 shall not be obligated or expended

9 until authorized by lawΩ24æ: Provided, That, of the

10 amount appropriated under this paragraph, not less than

11 $8,000,000 shall be available only for the upgrading of the

12 Air Force’s Core Automated Maintenance System/Reliabil13 ity and Maintainability Information System (CAMS/

14 REMIS).

15 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 Ω25æ(INCLUDING TRANSFER OF FUNDS)

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance of activities and agen19 cies of the Department of Defense (other than the military

20 departments), as authorized by law; Ω26æ$8,945,266,000

21 $9,986,654,000 and, in addition, $100,000,000 shall be de22 rived by transfer from the National Defense Stockpile

23 Transaction Fund, of which not to exceed $25,000,000

24 may be available for the CINC initiative fund account; and

25 of which not to exceed $23,768,000 can be used for emer-
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1 gencies and extraordinary expenses, to be expended on the

2 approval or authority of the Secretary of Defense, and

3 payments may be made on his certificate of necessity for

4 confidential military purposesΩ27æ: Provided, That of the

5 funds appropriated under this heading, $20,000,000 shall

6 be made available only for the repair and maintenance of

7 federally owned education facilities located on military in8 stallations.

9 OPERATION AND MAINTENANCE, ARMY RESERVE

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Army Reserve; re13 pair of facilities and equipment; hire of passenger motor

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications; Ω28æ$1,240,109,000

17 $1,253,709,000Ω29æ: Provided further, That the Undersec18 retary of Defense for Policy, shall, not later than October

19 15, 1994, transmit, in unclassified and classified forms, the

20 Rand Corporation Study, published on or about December

21 1993, on The United States Role in Possible Middle East

22 Peace Settlements to the congressional defense, intelligence

23 and foreign affairs committees.
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications; Ω30æ$834,119,000

9 $827,819,000Ω31æ:–Provided, That of the funds appro10 priated in this paragraph, $6,300,000 shall not be obli11 gated or expended until authorized by law.

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 RESERVE

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance, including training, or16 ganization, and administration, of the Marine Corps Re17 serve; repair of facilities and equipment; hire of passenger

18 motor vehicles; travel and transportation; care of the dead;

19 recruiting; procurement of services, supplies, and equip20 ment; and communications; Ω32æ$83,542,000

21 $80,562,000Ω33æ:–Provided, That of the funds appro22 priated in this paragraph, $2,080,000 shall not be obli23 gated or expended until authorized by law.
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve;

5 repair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications; Ω34æ$1,486,805,000

9 $1,455,872,000Ω35æ:–Provided, That of the funds appro10 priated in this paragraph $5,473,000 shall not be obli11 gated or expended until authorized by law.

12 OPERATION AND MAINTENANCE, ARMY NATIONAL

13 GUARD

14 For expenses of training, organizing, and administer15 ing the Army National Guard, including medical and hos16 pital treatment and related expenses in non-Federal hos17 pitals; maintenance, operation, and repairs to structures

18 and facilities; hire of passenger motor vehicles; personnel

19 services in the National Guard Bureau; travel expenses

20 (other than mileage), as authorized by law for Army per21 sonnel on active duty, for Army National Guard division,

22 regimental, and battalion commanders while inspecting

23 units in compliance with National Guard Bureau regula24 tions when specifically authorized by the Chief, National

25 Guard Bureau; supplying and equipping the Army Na-
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1 tional Guard as authorized by law; and expenses of repair,

2 modification, maintenance, and issue of supplies and

3 equipment (including aircraft); Ω36æ$2,498,868,000

4 $2,442,135,000Ω37æ:–Provided, That of the funds appro5 priated in this paragraph, $10,000,000 shall be made

6 available only for a National Guard Outreach Program in

7 the Los Angeles School District: Provided further, That

8 of the funds appropriated in this paragraph, $50,253,000

9 shall not be obligated or expended until authorized by law.

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For operation and maintenance of the Air National

12 Guard, including medical and hospital treatment and re13 lated expenses in non-Federal hospitals; maintenance, op14 eration, repair, and other necessary expenses of facilities

15 for the training and administration of the Air National

16 Guard, including repair of facilities, maintenance, oper17 ation, and modification of aircraft; transportation of

18 things; hire of passenger motor vehicles; supplies, mate19 rials, and equipment, as authorized by law for the Air Na20 tional Guard; and expenses incident to the maintenance

21 and use of supplies, materials, and equipment, including

22 such as may be furnished from stocks under the control

23 of agencies of the Department of Defense; travel expenses

24 (other than mileage) on the same basis as authorized by

25 law for Air National Guard personnel on active Federal
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1 duty, for Air National Guard commanders while inspecting

2 units in compliance with National Guard Bureau regula3 tions when specifically authorized by the Chief, National

4 Guard Bureau; Ω38æ$2,797,978,000 $2,780,178,000: Pro5 vided, That of the funds appropriated under this heading,

6 Ω39æ$1,500,000 $9,200,000 shall be made available only

7 for the operation of Air National Guard C–130 operational

8 support aircraft of the 159th Air National Guard Fighter

9 GroupΩ40æ, the 146th Airlift Wing, and the South Caro10 lina Air National Guard 169th Fighter Group unitΩ41æ:–

11 Provided further, That of the funds appropriated in this

12 paragraph, $17,800,000 shall not be obligated or ex13 pended until authorized by law.

14 NATIONAL BOARD FOR THE PROMOTION OF RIFLE

15 PRACTICE, ARMY

16 For the necessary expenses and personnel services

17 (other than pay and non-travel-related allowances of mem18 bers of the Armed Forces of the United States, except for

19 members of the reserve components thereof called or or20 dered to active duty to provide support for the national

21 matches) in accordance with law, for operation and main22 tenance of rifle ranges; the instruction of citizens in

23 marksmanship; the promotion of rifle practice; the conduct

24 of the national matches; the sale of ammunition under the

25 authority of title 10, United States Code, sections 4308
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1 and 4311; the travel of rifle teams, military personnel, and

2 individuals attending regional, national, and international

3 competitions; and the payment to competitors at national

4 matches under section 4312 of title 10, United States

5 Code, of subsistence and travel allowances under section

6 4313 of title 10, United States Code; not to exceed

7 $2,544,000.

8 COURT OF MILITARY APPEALS, DEFENSE

9 For salaries and expenses necessary for the United

10 States Court of Military Appeals; $6,126,000, of which

11 not to exceed $2,500 can be used for official representa12 tion purposes.

13 ENVIRONMENTAL RESTORATION, DEFENSE

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of Defense;

16 Ω42æ$1,880,200,000 $2,034,075,000, to remain available

17 until transferred: Provided, That the Secretary of Defense

18 shall, upon determining that such funds are required for

19 environmental restoration, reduction and recycling of haz20 ardous waste, removal of unsafe buildings and debris of

21 the Department of Defense, or for similar purposes (in22 cluding programs and operations at sites formerly used

23 by the Department of Defense), transfer the funds made

24 available by this appropriation to other appropriations

25 made available to the Department of Defense as the Sec-
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1 retary may designate, to be merged with and to be avail2 able for the same purposes and for the same time period

3 as the appropriations of funds to which transferred: Pro4 vided further, That upon a determination that all or part

5 of the funds transferred from this appropriation are not

6 necessary for the purposes provided herein, such amounts

7 may be transferred back to this appropriation.

8 Ω43æSUPPORT FOR INTERNATIONAL SPORTING

9 COMPETITIONS, DEFENSE

10 For the account ‘‘Support for International Sporting

11 Competitions, Defense’’; $7,900,000, to be merged with

12 and to be available for the same purposes and the same

13 time period as that appropriation: Provided, That of the

14 funds in that appropriation not more than $1,500,000

15 may be used for the 1995 Special Olympics: Provided fur16 ther, That of the funds in that appropriation not more

17 than $4,400,000 may be used for the 1996 Paralympics:

18 Provided further, That funds appropriated in this para19 graph shall not be obligated or expended until authorized

20 by law.

21 SUMMER OLYMPICS

22 For logistical support and personnel services (other

23 than pay and non-travel-related allowances of members of

24 the Armed Forces of the United States, except for members

25 of the reserve components thereof called or ordered to active
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1 duty to provide support for the 1996 Games of the XXVI

2 Olympiad to be held in Atlanta, Georgia) provided by any

3 component of the Department of Defense to the 1996 Games

4 of the XXVI Olympiad; $10,000,000.

5 1995 SPECIAL OLYMPICS WORLD GAMES

6 For logistical support and personnel services (other

7 than pay and non-travel-related allowances of members of

8 the Armed Forces of the United States, except for members

9 of the reserve components thereof called or ordered to active

10 duty to provide support for the 1995 Special Olympics

11 World Games to be held in New Haven, Connecticut) pro12 vided by any component of the Department of Defense to

13 the 1995 Special Olympics World Games; $3,000,000.

14 HUMANITARIAN ASSISTANCE

15 For transportation for humanitarian relief for the

16 people of Afghanistan, the Kurdish population and other

17 minorities of northern Iraq, and the people of sub-Saharan

18 Africa, acquisition and shipment of transportation assets

19 to assist in the distribution of such relief, and for trans20 portation and distribution of humanitarian relief supplies,

21 and excess non-lethal property; Ω44æ$60,000,000

22 $71,900,000 of which Ω45æ$12,000,000 $10,000,000 shall

23 be made available only for activities to support the clear24 ing of landmines for humanitarian purposes.
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1 Ω46æFORMER SOVIET UNION THREAT REDUCTION

2 For assistance to the republics of the former Soviet

3 Union, including assistance provided by contract or by

4 grants, for facilitating the elimination and the safe and se5 cure transportation and storage of nuclear, chemical and

6 other weapons; for providing incentives for demilitariza7 tion; for establishing programs to prevent the proliferation

8 of weapons, weapons components, and weapons-related tech9 nology and expertise; for expansion of military-to-military

10 contacts; for supporting the conversion of military tech11 nologies and capabilities into civilian activities; and for re12 training military personnel of the former Soviet Union;

13 $400,000,000 to remain available until expended: Provided,

14 That of the funds appropriated under this heading,

15 $10,000,000 shall be made available only for the continuing

16 study, assessment, and identification of nuclear waste dis17 posal by the former Soviet Union in the Arctic and North

18 Pacific regions.

19 Ω47æREAL PROPERTY MAINTENANCE, DEFENSE

20 (INCLUDING TRANSFER OF FUNDS)

21 For the maintenance of real property of the Depart22 ment of Defense, in addition to amounts provided for this

23 purpose under other headings of this title of this Act,

24 $500,000,000 to remain available for obligation until July

25 1, 1995: Provided, That such funds shall be available only
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1 for repairing property which has been defined by the De2 partment of Defense as part of a backlog of maintenance

3 and repair projects in the justification material accom4 panying the President’s budget request for fiscal year 1995:

5 Provided further, That such funds shall be allocated by the

6 Comptroller, Department of Defense for the projects deter7 mined by the military components as the highest priority

8 for repair.

9 TITLE III

10 PROCUREMENT

11 AIRCRAFT PROCUREMENT, ARMY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including

14 ordnance, ground handling equipment, spare parts, and

15 accessories therefor; specialized equipment and training

16 devices; expansion of public and private plants, including

17 the land necessary therefor, for the foregoing purposes,

18 and such lands and interest therein, may be acquired, and

19 construction prosecuted thereon prior to approval of title;

20 and procurement and installation of equipment, appli21 ances, and machine tools in public and private plants; re22 serve plant and Government and contractor-owned equip23 ment layaway; and other expenses necessary for the fore24 going purposes; Ω48æ$1,264,198,000 $1,062,581,000, to

25 remain available for obligation until September 30,
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1 1997Ω49æ: Provided, That the Secretary of the Army will

2 report to the House and Senate Committees on Appropria3 tions the doctrine, organization and mission statement for

4 the High Capacity Air Ambulance concept not later than

5 May 15, 1995.

6 MISSILE PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, equipment, including

9 ordnance, ground handling equipment, spare parts, and

10 accessories therefor; specialized equipment and training

11 devices; expansion of public and private plants, including

12 the land necessary therefor, for the foregoing purposes,

13 and such lands and interests therein, may be acquired,

14 and construction prosecuted thereon prior to approval of

15 title; and procurement and installation of equipment, ap16 pliances, and machine tools in public and private plants;

17 reserve plant and Government and contractor-owned

18 equipment layaway; and other expenses necessary for the

19 foregoing purposes; Ω50æ$728,095,000 $707,895,000, to

20 remain available for obligation until September 30,

21 1997Ω51æ:–Provided, That of the funds appropriated in

22 this paragraph, $42,959,000 shall not be obligated or ex23 pended until authorized by law.
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and

4 modification of weapons and tracked combat vehicles,

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices;

7 expansion of public and private plants, including the land

8 necessary therefor, for the foregoing purposes, and such

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and

11 procurement and installation of equipment, appliances,

12 and machine tools in public and private plants; reserve

13 plant and Government and contractor-owned equipment

14 layaway; and other expenses necessary for the foregoing

15 purposes; Ω52æ$1,001,873,000 $1,129,514,000, to remain

16 available for obligation until September 30, 1997Ω53æ:–

17 Provided, That of the funds appropriated in this para18 graph, $58,987,000 shall not be obligated or expended

19 until authorized by law.

20 PROCUREMENT OF AMMUNITION, ARMY

21 For construction, procurement, production, and

22 modification of ammunition, and accessories therefor; spe23 cialized equipment and training devices; expansion of pub24 lic and private plants, including ammunition facilities au25 thorized by section 2854, title 10, United States Code, and
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1 the land necessary therefor, for the foregoing purposes,

2 and such lands and interests therein, may be acquired,

3 and construction prosecuted thereon prior to approval of

4 title; and procurement and installation of equipment, ap5 pliances, and machine tools in public and private plants;

6 reserve plant and Government and contractor-owned

7 equipment layaway; and other expenses necessary for the

8 foregoing purposes; Ω54æ$1,274,644,000 $877,761,000, to

9 remain available for obligation until September 30, 1997:

10 Provided, That of the amounts appropriated for the

11 ARMS program in ‘‘Procurement of Ammunition, Army,

12 1993/1995’’, $43,000,000 may be available to fund sub13 sidy costs of loan guarantees authorized to be made under

14 that programΩ55æ:–Provided further, That of the funds

15 appropriated in this paragraph, $419,761,000 shall not be

16 obligated or expended until authorized by lawΩ56æ: Pro17 vided further, That notwithstanding any other provision of

18 law, of the amounts appropriated for the ARMS program

19 in ‘‘Procurement of Ammunition, Army, 1993/1995’’, up to

20 $2,500,000 shall be made available to the William Langer

21 Plant for capital investment, operations, and such other ex22 penditures as may be necessary to maintain the Plant as

23 a going concern while it is being excessed under the provi24 sions of the Federal Property and Administrative Services

25 Act.
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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and

3 modification of vehicles, including tactical, support, and

4 nontracked combat vehicles; communications and elec5 tronic equipment; other support equipment; spare parts,

6 ordnance, and accessories therefor; specialized equipment

7 and training devices; expansion of public and private

8 plants, including the land necessary therefor, for the fore9 going purposes, and such lands and interests therein, may

10 be acquired, and construction prosecuted thereon prior to

11 approval of title; and procurement and installation of

12 equipment, appliances, and machine tools in public and

13 private plants; reserve plant and Government and contrac14 tor-owned equipment layaway; and other expenses nec15 essary for the foregoing purposes; Ω57æ$2,348,806,000

16 $2,646,048,000, to remain available for obligation until

17 September 30, 1997.

18 AIRCRAFT PROCUREMENT, NAVY

19 For construction, procurement, production, modifica20 tion, and modernization of aircraft, equipment, including

21 ordnance, spare parts, and accessories therefor; specialized

22 equipment; expansion of public and private plants, includ23 ing the land necessary therefor, and such lands and inter24 ests therein, may be acquired, and construction prosecuted

25 thereon prior to approval of title; and procurement and
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1 installation of equipment, appliances, and machine tools

2 in public and private plants; reserve plant and Govern3 ment and contractor-owned equipment layaway;

4 Ω58æ$4,820,442,000 $4,531,789,000, to remain available

5 for obligation until September 30, 1997Ω59æ:–Provided,

6 That of the funds appropriated in this paragraph,

7 $232,435,000 shall not be obligated or expended until au8 thorized by law.

9 WEAPONS PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, torpedoes, other weap12 ons, and related support equipment including spare parts,

13 and accessories therefor; expansion of public and private

14 plants, including the land necessary therefor, and such

15 lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title; and

17 procurement and installation of equipment, appliances,

18 and machine tools in public and private plants; reserve

19 plant and Government and contractor-owned equipment

20 layaway; Ω60æ$1,969,336,000 $1,858,200,000, to remain

21 available for obligation until September 30, 1997Ω61æ:–

22 Provided, That of the funds appropriated in this para23 graph, $70,458,000 shall not be obligated or expended

24 until authorized by law: Provided, That, in addition to the

25 foregoing purposes, funds appropriated under this heading
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1 shall be available to liquidate deficiencies in appropriations

2 provided under this heading in prior Department of De3 fense appropriations Acts without regard to any provision

4 of law limiting or restricting amounts which may be

5 charged to currently available appropriations with respect

6 to funds provided in prior appropriations Acts.

7 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

8 CORPS

9 For construction, procurement, production, and

10 modification of ammunition, and accessories therefor; spe11 cialized equipment and training devices; expansion of pub12 lic and private plants, including ammunition facilities au13 thorized by section 2854, title 10, United States Code, and

14 the land necessary therefor, for the foregoing purposes,

15 and such lands and interests therein, may be acquired,

16 and construction prosecuted thereon prior to approval of

17 title; and procurement and installation of equipment, ap18 pliances, and machine tools in public and private plants;

19 reserve plant and Government and contractor-owned

20 equipment layaway; and other expenses necessary for the

21 foregoing purposes; Ω62æas follows:

22 For the Navy, $335,368,000;

23 For the Marine Corps, $158,442,000;

24 In all: $493,810,000 $432,815,000, to remain available for

25 obligation until September 30, 1997Ω63æ:–Provided, That
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1 of the funds appropriated in this paragraph, $34,500,000

2 shall not be obligated or expended until authorized by law.

3 SHIPBUILDING AND CONVERSION, NAVY

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses necessary for the construction, acquisi6 tion, or conversion of vessels as authorized by law, includ7 ing armor and armament thereof, plant equipment, appli8 ances, and machine tools and installation thereof in public

9 and private plants; reserve plant and Government and con10 tractor-owned equipment layaway; procurement of critical,

11 long leadtime components and designs for vessels to be

12 constructed or converted in the future; and expansion of

13 public and private plants, including land necessary there14 for, and such lands and interests therein, may be acquired,

15 and construction prosecuted thereon prior to approval of

16 title, as follows:

17 Carrier replacement program,

18 Ω64æ$2,446,958,000 $2,284,925,000;

19 Ω65æCVN Refuelings, $38,328,000;

20 DDG–51 destroyer program,

21 Ω66æ$2,607,690,000 $2,660,690,000;

22 LHD–1 amphibious assault ship program,

23 $50,000,000Ω67æ: Provided, That such funds shall

24 not be obligated or expended until such time that

25 there are sufficient funds made available for the LHD
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1 ship program to execute an existing contract option

2 or any extension thereto for LHD–7: Provided fur3 ther, That such funds shall not be transferred, repro4 grammed, or used for any purpose other than the

5 LHD ship program: Provided further, That such

6 funds shall remain available for obligation until ex7 pended: Provided further, That the Secretary of the

8 Navy shall extend this existing contract option for the

9 LHD–7 ship for not less than one year and shall ne10 gotiate any change in option price made necessary by

11 such extension;

12 Ω68æNuclear submarine main steam condenser

13 industrial base, $1,000,000;

14 Cost growth on prior years’ programs,

15 $8,200,000;

16 For craft, outfitting, post delivery,

17 Ω69æconversions, and first destination transpor18 tation, Ω70æ$357,521,000 $349,031,000;

19 Ω71æFor escalation, $146,000,000;

20 In all: Ω72æ$5,471,369,000 $5,528,974,000, and, in addi21 tion, $1,200,000,000 shall be derived by transfer from the

22 National Defense Sealift Fund for additional funding for

23 the Carrier replacement program, all to remain available

24 for obligation until September 30, 1999: Provided, That

25 additional obligations may be incurred after September
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1 30, 1999, for engineering services, tests, evaluations, and

2 other such budgeted work that must be performed in the

3 final stage of ship construction: Provided further, That

4 none of the funds herein provided for the construction or

5 conversion of any naval vessel to be constructed in ship6 yards in the United States shall be expended in foreign

7 facilities for the construction of major components of such

8 vessel: Provided further, That none of the funds herein

9 provided shall be used for the construction of any naval

10 vessel in foreign shipyards.

11 OTHER PROCUREMENT, NAVY

12 For procurement, production, and modernization of

13 support equipment and materials not otherwise provided

14 for, Navy ordnance (except ordnance for new aircraft, new

15 ships, and ships authorized for conversion); the purchase

16 of not to exceed 262 passenger motor vehicles, of which

17 162 shall be for replacement only; expansion of public and

18 private plants, including the land necessary therefor, and

19 such lands and interests therein, may be acquired, and

20 construction prosecuted thereon prior to approval of title;

21 and procurement and installation of equipment, appli22 ances, and machine tools in public and private plants; re23 serve plant and Government and contractor-owned equip24 ment layaway; Ω73æ$3,271,088,000 $3,309,698,000, to re25 main available for obligation until September 30,
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1 1997Ω74æ:–Provided, That of the funds appropriated in

2 this paragraph, $29,477,000 shall not be obligated or ex3 pended until authorized by lawΩ75æ: Provided, That of the

4 funds appropriated in this paragraph, up to $10,500,000

5 may be used for the procurement of command, control, com6 munications, and computer equipment for a Joint Train7 ing, Analysis and Simulation Center for the United States

8 Atlantic CommandΩ76æ: Provided, That of the funds ap9 propriated under this heading, not less than $30,100,000

10 shall be made available only for the Pacific Missile Range

11 Facility, Hawaii.

12 PROCUREMENT, MARINE CORPS

13 For expenses necessary for the procurement, manu14 facture, and modification of missiles, armament, military

15 equipment, spare parts, and accessories therefor; plant

16 equipment, appliances, and machine tools, and installation

17 thereof in public and private plants; reserve plant and

18 Government and contractor-owned equipment layaway; ve19 hicles for the Marine Corps, including the purchase of not

20 to exceed 103 passenger motor vehicles for replacement

21 only; and expansion of public and private plants, including

22 land necessary therefor, and such lands and interests

23 therein, may be acquired and construction prosecuted

24 thereon prior to approval of title; Ω77æ$452,178,000

25 $403,410,000, to remain available for obligation until Sep-
34

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1 tember 30, 1997Ω78æ:–Provided, That of the funds appro2 priated in this paragraph, $58,768,000 shall not be obli3 gated or expended until authorized by law.

4 AIRCRAFT PROCUREMENT, AIR FORCE

5 For construction, procurement, and modification of

6 aircraft and equipment, including armor and armament,

7 specialized ground handling equipment, and training de8 vices, spare parts, and accessories therefor; specialized

9 equipment; expansion of public and private plants, Gov10 ernment-owned equipment and installation thereof in such

11 plants, erection of structures, and acquisition of land, for

12 the foregoing purposes, and such lands and interests

13 therein, may be acquired, and construction prosecuted

14 thereon prior to approval of title; reserve plant and Gov15 ernment and contractor-owned equipment layaway; and

16 other expenses necessary for the foregoing purposes in17 cluding rents and transportation of things;

18 Ω79æ$6,182,199,000 $6,571,524,000, to remain available

19 for obligation until September 30, 1997Ω80æ:–Provided,

20 That not less than $103,700,000 of the funds appro21 priated in this paragraph shall be used only to initiate pro22 curement of non-developmental airlift aircraft no later

23 than September 30, 1995: Provided further, That the De24 partment of the Air Force shall qualify a second source

25 producer for the C–17 transport aircraft engine and com-
35

HR 4650 PP

1 petitively contract for the procurement of the C–17 engine

2 no later than September 30, 1997: Provided further, That

3 of the funds appropriated in this paragraph, $80,432,000

4 shall not be obligated or expended until authorized by law.

5 MISSILE PROCUREMENT, AIR FORCE

6 For construction, procurement, and modification of

7 missiles, spacecraft, rockets, and related equipment, in8 cluding spare parts and accessories therefor, ground han9 dling equipment, and training devices; expansion of public

10 and private plants, Government-owned equipment and in11 stallation thereof in such plants, erection of structures,

12 and acquisition of land, for the foregoing purposes, and

13 such lands and interests therein, may be acquired, and

14 construction prosecuted thereon prior to approval of title;

15 reserve plant and Government and contractor-owned

16 equipment layaway; and other expenses necessary for the

17 foregoing purposes including rents and transportation of

18 things; Ω81æ$2,758,285,000 $3,620,055,000, to remain

19 available for obligation until September 30, 1997.

20 PROCUREMENT OF AMMUNITION, AIR FORCE

21 For construction, procurement, production, and

22 modification of ammunition, and accessories therefor; spe23 cialized equipment and training devices; expansion of pub24 lic and private plants, including ammunition facilities au25 thorized by section 2854, title 10, United States Code, and
36

HR 4650 PP

1 the land necessary therefor, for the foregoing purposes,

2 and such lands and interests therein, may be acquired,

3 and construction prosecuted thereon prior to approval of

4 title; and procurement and installation of equipment, ap5 pliances, and machine tools in public and private plants;

6 reserve plant and Government and contractor-owned

7 equipment layaway; and other expenses necessary for the

8 foregoing purposes; Ω82æ$278,681,000 $283,173,000, to

9 remain available for obligation until September 30,

10 1997Ω83æ:–Provided, That of the funds appropriated in

11 this paragraph, $18,963,000 shall not be obligated or ex12 pended until authorized by law.

13 OTHER PROCUREMENT, AIR FORCE

14 For procurement and modification of equipment (in15 cluding ground guidance and electronic control equipment,

16 and ground electronic and communication equipment),

17 and supplies, materials, and spare parts therefor, not oth18 erwise provided for; the purchase of not to exceed 678 pas19 senger motor vehicles for replacement only; and expansion

20 of public and private plants, Government-owned equip21 ment and installation thereof in such plants, erection of

22 structures, and acquisition of land, for the foregoing pur23 poses, and such lands and interests therein, may be ac24 quired, and construction prosecuted thereon, prior to ap25 proval of title; reserve plant and Government and contrac-
37

HR 4650 PP

1 tor-owned equipment layaway; $6,886,613,000

2 Ω84æ$6,897,696,000, to remain available for obligation

3 until September 30, 1997Ω85æ:–Provided, That of the

4 funds appropriated in this paragraph, $31,190,000 shall

5 not be obligated or expended until authorized by law.

6 PROCUREMENT, DEFENSE-WIDE

7 For expenses of activities and agencies of the Depart8 ment of Defense (other than the military departments)

9 necessary for procurement, production, and modification

10 of equipment, supplies, materials, and spare parts there11 for, not otherwise provided for; the purchase of not to ex12 ceed 437 passenger motor vehicles, of which 431 shall be

13 for replacement only; expansion of public and private

14 plants, equipment, and installation thereof in such plants,

15 erection of structures, and acquisition of land for the fore16 going purposes, and such lands and interests therein, may

17 be acquired, and construction prosecuted thereon prior to

18 approval of title; reserve plant and Government and con19 tractor-owned equipment layaway; Ω86æ$3,020,616,000

20 $1,894,916,000, to remain available for obligation until

21 September 30, 1997Ω87æ:–Provided, That of the funds ap22 propriated in this paragraph, $953,922,000 shall not be

23 obligated or expended until authorized by lawΩ88æ: Pro24 vided, That of the amount appropriated in this paragraph,

25 $7,000,000 shall be made available only for the procurement
38

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1 of the Common Automatic Recovery System for the Pioneer

2 Unmanned Aerial Vehicle System.

3 NATIONAL GUARD AND RESERVE EQUIPMENT

4 For procurement of aircraft, missiles, tracked combat

5 vehicles, ammunition, other weapons, and other procure6 ment for the reserve components of the Armed Forces;

7 Ω89æ$796,200,000 $952,000,000, to remain available for

8 obligation until September 30, 1997Ω90æ:–Provided, That

9 of the funds appropriated in this paragraph, $9,000,000

10 shall not be obligated or expended until authorized by law.

11 TITLE IV

12 RESEARCH, DEVELOPMENT, TEST AND

13 EVALUATION

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

15 ARMY

16 For expenses necessary for basic and applied sci17 entific research, development, test and evaluation, includ18 ing maintenance, rehabilitation, lease, and operation of fa19 cilities and equipment, as authorized by law;

20 Ω91æ$5,456,498,000 $5,304,329,000, to remain available

21 for obligation until September 30, 1996Ω92æ:–Provided,

22 That of the funds appropriated in this paragraph,

23 $35,695,000 shall not be obligated or expended until au24 thorized by law.
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HR 4650 PP

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, as authorized by law;

7 Ω93æ$8,598,958,000 $8,790,331,000, to remain available

8 for obligation until September 30, 1996Ω94æ:–Provided,

9 That for continued research and development programs at

10 the National Center for Physical Acoustics, centering on

11 ocean acoustics as it applies to advanced antisubmarine

12 warfare acoustics issues with focus on ocean bottom acous13 tics, seismic coupling, sea-surface and bottom scattering,

14 oceanic ambient noise, underwater sound propagation,

15 bubble related ambient noise, acoustically active surfaces,

16 machinery noise, propagation physics, solid state acous17 tics, electrorheological fluids, transducer development, ul18 trasonic sensors, and other such projects as may be agreed

19 upon, $1,000,000 shall be made available, as a grant, to

20 the Mississippi Resource Development Corporation, of

21 which not to exceed $250,000 of such sum may be used

22 to provide such special equipment as may be required for

23 particular projects: Provided further, That none of the

24 funds appropriated in this paragraph may be obligated or

25 expended to develop or purchase equipment for an Aegis
40

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1 destroyer variant (commonly known as ‘‘Flight IIA’’)

2 whose initial operating capability is budgeted to be

3 achieved prior to the initial operating capability of the

4 Ship Self-Defense program, nor to develop sensor, proc5 essor, or display capabilities which duplicate in any way

6 those being developed in the Ship Self-Defense program:

7 Provided further, That funds appropriated in this para8 graph for development of E–2C aircraft upgrades may not

9 be obligated until the Under Secretary of Defense for Ac10 quisition submits a plan to the Committees on Appropria11 tions and Armed Services of each House of Congress for

12 development and deployment of a fully participating coop13 erative engagement capability on E–2 aircraft to be fielded

14 concurrent with and no later than major computer up15 grades for the aircraft: Provided further, That funds ap16 propriated in this paragraph for development of the LPD–

17 17 ship may not be obligated unless the baseline design

18 of the ship includes cooperative engagement capability and

19 sufficient own-ship self-defense capability against ad20 vanced sea-skimming antiship cruise missiles in the base21 line design to achieve an estimated probability of survival

22 from attack by such missiles at a level no less than any

23 other Navy shipΩ95æ: Provided further, That of the amount

24 of funds appropriated under this paragraph to be allocated

25 to the aircraft technology program element, $5,000,000 of
41

HR 4650 PP

1 this amount may only be obligated for the completion of

2 Phase I of the Vectored Thrust Combat Agility Demonstra3 tor.

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

5 AIR FORCE

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, as authorized by law;

10 Ω96æ$10,728,533,000 $12,151,011,000, to remain avail11 able for obligation until September 30, 1996Ω97æ:–Pro12 vided, That not less than $12,000,000 of the funds appro13 priated in this paragraph shall be made only for the Joint

14 Seismic Program and Global Seismic Network adminis15 tered by the Incorporated Research Institutions for Seis16 mology: Provided further, That not less than $20,000,000

17 of the funds appropriated in this paragraph shall be made

18 available only for the National Center for Manufacturing

19 Sciences (NCMS): Provided, That of the funds appro20 priated in this paragraph, not less than $13,000,000 of the

21 funds in the Advanced Weapons program element shall be

22 made available only to continue the establishment and oper23 ation of an image information processing center supporting

24 the Air Force Maui Space Surveillance Site (MSSS)Ω98æ:

25 Provided further, That of the funds appropriated in this
42

HR 4650 PP

1 paragraph, $2,800,000 shall be made available only for the

2 F–111 Squadrons program element.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 DEFENSE-WIDE

5 Ω99æ(INCLUDING TRANSFER OF FUNDS)

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments),

8 necessary for basic and applied scientific research, devel9 opment, test and evaluation; advanced research projects

10 as may be designated and determined by the Secretary

11 of Defense, pursuant to law; maintenance, rehabilitation,

12 lease, and operation of facilities and equipment, as author13 ized by law; Ω100æ$9,419,955,000 $8,922,649,000, to re14 main available for obligation until September 30,

15 1996Ω101æ:–Provided, That not less than $120,000,000

16 of the funds appropriated in this paragraph are available

17 only for the Sea-Based Wide Area Defense program: Pro18 vided further, That of the funds appropriated in this para19 graph, $361,743,000 shall not be obligated or expended

20 until authorized by law: Provided further, That funds ap21 propriated in this paragraph for development of the TIER

22 II Plus vehicle shall not be obligated until not less than

23 $50,000,000 has been obligated for the TIER III Minus

24 vehicle: Provided, That $27,400,000 shall be available for

25 transfer to the Small Business Administration to cover the
43

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1 costs (as defined in section 502(5) of the Federal Credit Re2 form Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees

3 issued pursuant to subsection (b)(3) of such sectionΩ102æ:

4 Provided further, That, of the funds made available under

5 this heading, $5,600,000 shall be made available for the In6 tegrated Product and Process Development ProgramΩ103æ:

7 Provided further, That of the funds appropriated in this

8 paragraph, not less than $2,000,000 shall be made available

9 for International Cooperative projects to be funded under

10 the Counterterror Technical Support program element.

11 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

12 For expenses, not otherwise provided for, of inde13 pendent activities of the Director, Test and Evaluation in

14 the direction and supervision of developmental test and

15 evaluation, including performance and joint developmental

16 testing and evaluation; and administrative expenses in

17 connection therewith; Ω104æ$251,495,000 $224,353,000,

18 to remain available for obligation until September 30,

19 1996.

20 OPERATIONAL TEST AND EVALUATION, DEFENSE

21 For expenses, not otherwise provided for, necessary

22 for the independent activities of the Director, Operational

23 Test and Evaluation in the direction and supervision of

24 operational test and evaluation, including initial oper25 ational test and evaluation which is conducted prior to,
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1 and in support of, production decisions; joint operational

2 testing and evaluation; and administrative expenses in

3 connection therewith; $12,501,000, to remain available for

4 obligation until September 30, 1996.

5 TITLE V

6 REVOLVING AND MANAGEMENT FUNDS

7 DEFENSE BUSINESS OPERATIONS FUND

8 For the Defense Business Operations Fund;

9 Ω105æ$1,090,438,000 $789,400,000.

10 NATIONAL DEFENSE SEALIFT FUND

11 Ω106æ(INCLUDING TRANSFER OF FUNDS)

12 For National Defense Sealift Fund programs,

13 projects, and activities, Ω107æ$858,600,000 $828,600,000,

14 to remain available until expendedΩ108æ:–Provided, That

15 $25,000,000 shall be transferred to the Secretary of

16 Transportation for title XI loan guarantees: Provided fur17 ther, That none of the funds provided in this paragraph

18 shall be used to award a new contract that provides for

19 the acquisition of any of the following major components

20 unless such components are manufactured in the United

21 States: auxiliary equipment, including pumps, for all ship22 board services; propulsion system components (that is; en23 gines, reduction gears, and propellers); shipboard cranes;

24 and spreaders for shipboard cranes: Provided further, That

25 the exercise of an option in a contract awarded through
45

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1 the obligation of previously appropriated funds shall not

2 be considered to be the award of a new contract: Provided

3 further, That the Secretary of the military department re4 sponsible for such procurement may waive this restriction

5 on a case-by-case basis by certifying in writing to the

6 Committees on Appropriations of the House of Represent7 atives and the Senate, that adequate domestic supplies are

8 not available to meet Department of Defense requirements

9 on a timely basis and that such an acquisition must be

10 made in order to acquire capability for national security

11 purposes: Provided further, That funds appropriated in

12 this paragraph shall not be obligated or expended until

13 authorized by law: Provided, That not to exceed

14 $43,000,000 may be used for the purchase or construction

15 of vessels for the Ready Reserve Force component of the Na16 tional Defense Reserve Fleet, as established by section 11

17 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.

18 1744)Ω109æ: Provided further, That the Secretary of De19 fense shall provide a recommendation for additional fund20 ing from the Department of Defense to finance shipbuilding

21 loan guarantees under title XI of the Merchant Marine Act

22 of 1936 (46 App. U.S.C. 1271).
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1 TITLE VI

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical

5 and health care programs of the Department of Defense,

6 as authorized by law; Ω110æ$9,895,159,000

7 $9,808,239,000, of which Ω111æ$9,577,770,000

8 $9,499,350,000 shall be for Operation and maintenance, of

9 which Ω112æ$317,389,000 $308,889,000, to remain avail10 able for obligation until September 30, 1997, shall be for

11 Procurement: Provided, That the Department shall con12 tinue to competitively contract during fiscal year 1995 for

13 mail service pharmacy for at least two multi-state regions

14 in addition to the ongoing solicitations for Florida, South

15 Carolina, Georgia, Delaware, New Jersey, Pennsylvania,

16 and Hawaii, as well as each base closure area not sup17 ported by an at-risk managed care plan; that such services

18 shall be procured independent of any other Department

19 managed care contracts; that one multi-state region shall

20 include the State of Kentucky and that one multi-state

21 region shall include the State of New MexicoΩ113æ:–Pro22 vided further, That of the funds appropriated in this para23 graph, $8,500,000 shall not be obligated or expended until

24 authorized by law: Provided further, That of the funds ap25 propriated under this heading, $5,000,000 shall be made
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1 available only for nursing research: Provided further, That

2 of the funds appropriated under this heading, $14,500,000

3 shall be made available for obtaining emergency commu4 nications services for members of the Armed Forces and

5 their families from the American National Red Cross as

6 authorized by law: Provided further, That until the end of

7 September 30, 1995, the Secretary of the Air Force shall,

8 through contract or otherwise, continue to provide primary

9 health care in the base hospital at Plattsburgh Air Force

10 Base, New York, to persons entitled to health care in facili11 ties of the uniformed services.

12 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

13 DEFENSE

14 For expenses, not otherwise provided for, necessary

15 for the destruction of the United States stockpile of lethal

16 chemical agents and munitions in accordance with the pro17 visions of section 1412 of the Department of Defense Au18 thorization Act, 1986 (50 U.S.C. 1521), and for the de19 struction of other chemical warfare materials that are not

20 in the chemical weapon stockpile, Ω114æ$562,949,000

21 $590,149,000, of which Ω115æ$345,784,000 $363,584,000

22 shall be for Operation and maintenance,

23 Ω116æ$196,465,000 $215,265,000 shall be for Procure24 ment to remain available until September 30, 1997, and

25 Ω117æ$20,700,000 $11,300,000 shall be for Research, de-
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1 velopment, test and evaluation to remain available until

2 September 30, 1996.

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of

7 the Department of Defense, for transfer to appropriations

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for Op11 eration and maintenance; for Procurement; and for Re12 search, development, test and evaluation;

13 Ω118æ$713,053,000 $700,100,000, of which $10,000,000 is

14 hereby transferred to the ‘‘Military Construction, Navy’’ ap15 propriation for construction of a Relocatable Over-the-Hori16 zon Radar in Puerto Rico: Provided, That the funds appro17 priated by this paragraph shall be available for obligation

18 for the same time period and for the same purpose as the

19 appropriation to which transferred: Provided further, That

20 the transfer authority provided in this paragraph is in ad21 dition to any transfer authority contained elsewhere in this

22 Act.

23 OFFICE OF THE INSPECTOR GENERAL

24 For expenses and activities of the Office of the In25 spector General in carrying out the provisions of the In-
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1 spector General Act of 1978, as amended;

2 Ω119æ$142,098,000 $140,872,000, of which

3 Ω120æ$141,098,000 $139,872,000 shall be for Operation

4 and maintenance, of which not to exceed $400,000 is

5 available for emergencies and extraordinary expenses to

6 be expended on the approval or authority of the Inspector

7 General, and payments may be made on his certificate of

8 necessity for confidential military purposes; and of which

9 $1,000,000, to remain available until September 30, 1997,

10 shall be for Procurement.

11 Ω121æDEFENSE CONVERSION AND REINVESTMENT

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for transition benefits for

14 military and civilian employees of the Department of De15 fense, and for assistance to communities and industries

16 affected by the military drawdown; for transfer to appro17 priations available to the Department of Defense for Oper18 ation and maintenance, and for Research, development,

19 test and evaluation; $1,401,944,000: Provided, That the

20 funds appropriated by this paragraph shall be available

21 for the same time period and for the same purpose as the

22 appropriation to which transferred: Provided further, That

23 the transfer authority provided in this paragraph is in ad24 dition to any transfer authority contained elsewhere in this

25 Act: Provided further, That $50,000,000 shall be available
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1 to cover the costs (as defined in section 502(5) of the Fed2 eral Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of

3 loan guarantees issued pursuant to subsection (b)(3) of

4 such section: Provided further, That of the funds appro5 priated in this paragraph, $30,744,000 shall not be obli6 gated or expended until authorized by law.

7 Ω122æKOREAN ENHANCED READINESS ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to enhance the readiness of

10 United States Forces to perform the mission assigned to

11 United States Forces, Korea, $250,000,000: Provided,

12 That such funds may be transferred by the Secretary to

13 appropriations made available to the Department of De14 fense for Operation and maintenance, Procurement, and

15 Research, development, test and evaluation: Provided fur16 ther, That the funds appropriated by this paragraph shall

17 be available for the same time period and for the same

18 purpose as the appropriation to which transferred: Pro19 vided further, That the transfer authority provided in this

20 paragraph is in addition to any transfer authority con21 tained elsewhere in this Act: Provided further, That of the

22 funds appropriated by this paragraph, not less than

23 $55,000,000 shall be transferred to ‘‘Other procurement,

24 Army’’, and not less than $15,000,000 shall be trans25 ferred to ‘‘Research, development, test and evaluation, De-
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1 fense-Wide’’: Provided further, That no funds made avail2 able under this paragraph shall be obligated until 15 days

3 after submission of a report by the Secretary to the House

4 and Senate Committees on Appropriations explaining and

5 justifying the proposed uses of such funds: Provided fur6 ther, That funds appropriated in this paragraph shall not

7 be obligated or expended until authorized by law.

8 TITLE VII

9 Ω123æNATIONAL FOREIGN INTELLIGENCE

10 PROGRAM

11 RELATED AGENCIES

12 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

13 DISABILITY SYSTEM FUND

14 For payment to the Central Intelligence Agency Re15 tirement and Disability System Fund, to maintain proper

16 funding level for continuing the operation of the Central

17 Intelligence Agency Retirement and Disability System;

18 $198,000,000.

19 Ω124æNATIONAL SECURITY EDUCATION TRUST FUND

20 For the purposes of title VIII of Public Law 102–183,

21 $8,500,000 to be derived from the National Security Edu22 cation Trust Fund, to remain available until expended.

23 COMMUNITY MANAGEMENT ACCOUNT

24 For necessary expenses of the Community Manage25 ment Account; Ω125æ$83,084,000 $105,084,000: Provided,
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1 That of the funds appropriated in this paragraph, no more

2 than $2,000,000 may be available for the purchase of in3 formation system upgrades at the Department of State

4 Bureau of Intelligence and Research.

5 Ω126æKAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION,

6 AND ENVIRONMENTAL RESTORATION TRUST FUND

7 For payment to the Kaho’olawe Island Conveyance,

8 Remediation, and Environmental Restoration Trust Fund,

9 as authorized by law, $50,000,000 to remain available until

10 expended.

11 TITLE VIII

12 GENERAL PROVISIONS

13 SEC. 8001. No part of any appropriation contained

14 in this Act shall be used for publicity or propaganda pur15 poses not authorized by the Congress.

16 SEC. 8002. During the current fiscal year, provisions

17 of law prohibiting the payment of compensation to, or em18 ployment of, any person not a citizen of the United States

19 shall not apply to personnel of the Department of Defense:

20 Provided, That salary increases granted to direct and indi21 rect hire foreign national employees of the Department of

22 Defense funded by this Act shall not be at a rate in excess

23 of the percentage increase authorized by law for civilian

24 employees of the Department of Defense whose pay is

25 computed under the provisions of section 5332 of title 5,
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1 United States Code, or at a rate in excess of the percent2 age increase provided by the appropriate host nation to

3 its own employees, whichever is higher: Provided further,

4 That this section shall not apply to Department of De5 fense foreign service national employees serving at United

6 States diplomatic missions whose pay is set by the Depart7 ment of State under the Foreign Service Act of 1980: Pro8 vided further, That the limitations of this provision shall

9 not apply to foreign national employees of the Department

10 of Defense in the Republic of Turkey.

11 SEC. 8003. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond

13 the current fiscal year, unless expressly so provided herein.

14 SEC. 8004. No more than 20 per centum of the ap15 propriations in this Act which are limited for obligation

16 during the current fiscal year shall be obligated during

17 the last two months of the fiscal year: Provided, That this

18 section shall not apply to obligations for support of active

19 duty training of reserve components or summer camp

20 training of the Reserve Officers’ Training Corps, or the

21 National Board for the Promotion of Rifle Practice, Army.

22 (TRANSFER OF FUNDS)

23 SEC. 8005. Upon determination by the Secretary of

24 Defense that such action is necessary in the national inter25 est, he may, with the approval of the Office of Manage26 ment and Budget, transfer not to exceed $2,000,000,000
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1 of working capital funds of the Department of Defense

2 or funds made available in this Act to the Department

3 of Defense for military functions (except military con4 struction) between such appropriations or funds or any

5 subdivision thereof, to be merged with and to be available

6 for the same purposes, and for the same time period, as

7 the appropriation or fund to which transferred: Provided,

8 That such authority to transfer may not be used unless

9 for higher priority items, based on unforeseen military re10 quirements, than those for which originally appropriated

11 and in no case where the item for which funds are re12 quested has been denied by Congress: Provided further,

13 That the Secretary of Defense shall notify the Congress

14 promptly of all transfers made pursuant to this authority

15 or any other authority in this Act.

16 (TRANSFER OF FUNDS)

17 SEC. 8006. During the current fiscal year, cash bal18 ances in working capital funds of the Department of De19 fense established pursuant to section 2208 of title 10,

20 United States Code, may be maintained in only such

21 amounts as are necessary at any time for cash disburse22 ments to be made from such funds: Provided, That trans23 fers may be made between such funds and the ‘‘Foreign

24 Currency Fluctuations, Defense’’ and ‘‘Operation and

25 Maintenance’’ appropriation accounts in such amounts as

26 may be determined by the Secretary of Defense, with the
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1 approval of the Office of Management and Budget, except

2 that such transfers may not be made unless the Secretary

3 of Defense has notified the Congress of the proposed

4 transfer. Except in amounts equal to the amounts appro5 priated to working capital funds in this Act, no obligations

6 may be made against a working capital fund to procure

7 or increase the value of war reserve material inventory,

8 unless the Secretary of Defense has notified the Congress

9 prior to any such obligation.

10 SEC. 8007. Using funds available by this Act or any

11 other Act, the Secretary of the Air Force, pursuant to a

12 determination under section 2690 of title 10, United

13 States Code, may implement cost-effective agreements for

14 required heating facility modernization in the

15 Kaiserslautern Military Community in the Federal Repub16 lic of Germany: Provided, That in the City of

17 Kaiserslautern such agreements will include the use of

18 United States anthracite as the base load energy for mu19 nicipal district heat to the United States Defense installa20 tions: Provided further, That at Landstuhl Army Regional

21 Medical Center and Ramstein Air Base, furnished heat

22 may be obtained from private, regional or municipal serv23 ices, if provisions are included for the consideration of

24 United States coal as an energy source.
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1 SEC. 8008. Funds appropriated by this Act may not

2 be used to initiate a special access program without prior

3 notification 30 calendar days in session in advance to the

4 Committees on Appropriations and Armed Services of the

5 Senate and House of Representatives.

6 SEC. 8009. None of the funds contained in this Act

7 available for the Civilian Health and Medical Program of

8 the Uniformed Services shall be available for payments to

9 physicians and other authorized individual health care pro10 viders in excess of the amounts allowed in fiscal year 1994

11 for similar services, except that: (a) for services for which

12 the Secretary of Defense determines an increase is justi13 fied by economic circumstances, the allowable amounts

14 may be increased in accordance with appropriate economic

15 index data similar to that used pursuant to title XVIII

16 of the Social Security Act; and (b) for services the Sec17 retary determines are overpriced based on allowable pay18 ments under title XVIII of the Social Security Act, the

19 allowable amounts shall be reduced by not more than 15

20 percent (except that the reduction may be waived if the

21 Secretary determines that it would impair adequate access

22 to health care services for beneficiaries). The Secretary

23 shall solicit public comment prior to promulgating regula24 tions to implement this section. Such regulations shall in25 clude a limitation, similar to that used under title XVIII
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1 of the Social Security Act, on the extent to which a pro2 vider may bill a beneficiary an actual charge in excess of

3 the allowable amount.

4 SEC. 8010. None of the funds provided in this Act

5 shall be available to initiate (1) a multiyear contract that

6 employs economic order quantity procurement in excess of

7 $20,000,000 in any one year of the contract or that in8 cludes an unfunded contingent liability in excess of

9 $20,000,000, or (2) a contract for advance procurement

10 leading to a multiyear contract that employs economic

11 order quantity procurement in excess of $20,000,000 in

12 any one year, unless the Committees on Appropriations

13 and Armed Services of the Senate and House of Rep14 resentatives have been notified at least thirty days in ad15 vance of the proposed contract award: Provided, That no

16 part of any appropriation contained in this Act shall be

17 available to initiate a multiyear contract for which the eco18 nomic order quantity advance procurement is not funded

19 at least to the limits of the Government’s liability: Pro20 vided further, That no part of any appropriation contained

21 in this Act shall be available to initiate multiyear procure22 ment contracts for any systems or component thereof if

23 the value of the multiyear contract would exceed

24 $500,000,000 unless specifically provided in this Act: Pro25 vided further, That no multiyear procurement contract can
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1 be terminated without 10-day prior notification to the

2 Committees on Appropriations and Armed Services of the

3 House of Representatives and the Senate: Provided fur4 ther, That the execution of multiyear authority shall re5 quire the use of a present value analysis to determine low6 est cost compared to an annual procurementΩ127æ Funds

7 appropriated in title III of this Act may be used for

8 multiyear procurement contracts as follows: MK19–3 gre9 nade machine guns; M16A2 rifles; M249 squad automatic

10 weapons; and M4 carbine rifles for the Army.

11 SEC. 8011. Within the funds appropriated for the op12 eration and maintenance of the Armed Forces, funds are

13 hereby appropriated pursuant to section 401 of title 10,

14 United States Code, for humanitarian and civic assistance

15 costs under chapter 20 of title 10, United States Code.

16 Such funds may also be obligated for humanitarian and

17 civic assistance costs incidental to authorized operations

18 and pursuant to authority granted in section 401 of chap19 ter 20 of title 10, United States Code, and these obliga20 tions shall be reported to Congress on September 30 of

21 each year: Provided, That funds available for operation

22 and maintenance shall be available for providing humani23 tarian and similar assistance by using Civic Action Teams

24 in the Trust Territories of the Pacific Islands and freely

25 associated states of Micronesia, pursuant to the Compact
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1 of Free Association as authorized by Public Law 99–

2 239: Provided further, That upon a determination by the

3 Secretary of the Army that such action is beneficial for

4 graduate medical education programs conducted at Army

5 medical facilities located in Hawaii, the Secretary of the

6 Army may authorize the provision of medical services at

7 such facilities and transportation to such facilities, on a

8 nonreimbursable basis, for civilian patients from American

9 Samoa, the Commonwealth of the Northern Mariana Is10 lands, the Marshall Islands, the Federated States of Mi11 cronesia, Palau, and Guam.

12 Ω128æSEC. 8012. Notwithstanding any other provi13 sion of law, governments of Indian tribes shall be treated

14 as State and local governments for the purposes of disposi15 tion of real property recommended for closure in the re16 port of the Defense Secretary’s Commission on Base

17 Realignments and Closures, December 1988, the report to

18 the President from the Defense Base Closure and Realign19 ment Commission, July 1991, and Public Law 100–526.

20 SEC. 8012. Notwithstanding any other provision of

21 law, a qualified Indian Tribal corporation or Alaska Native

22 Corporation furnishing the product of a responsible small

23 business concern shall not be denied the opportunity to com24 pete for and be awarded a procurement contract pursuant

25 to section 2323 of title 10, United States Code, solely be-
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1 cause the Indian Tribal corporation or Alaska Native Cor2 poration is not the actual manufacturer or processor of the

3 product to be supplied under the contract.

4 Ω129æSEC. 8013. (a) The provisions of section

5 115(a)(4) of title 10, United States Code, shall not apply

6 with respect to fiscal year 1995 or with respect to the ap7 propriation of funds for that year.

8 (b) During fiscal year 1995, the civilian personnel of

9 the Department of Defense may not be managed on the

10 basis of any end-strength, and the management of such

11 personnel during that fiscal year shall not be subject to

12 any constraint or limitation (known as an end-strength)

13 on the number of such personnel who may be employed

14 on the last day of such fiscal year.

15 (c) The fiscal year 1996 budget request for the De16 partment of Defense as well as all justification material

17 and other documentation supporting the fiscal year 1996

18 Department of Defense budget request shall be prepared

19 and submitted to the Congress as if subsections (a) and

20 (b) of this provision were effective with regard to fiscal

21 year 1996.

22 SEC. 8013. Notwithstanding any other provision of

23 law, none of the funds made available by this Act shall be

24 used by the Department of Defense to exceed, outside the

25 fifty United States, its territories, and the District of Co-
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1 lumbia, 125,000 civilian workyears: Provided, That

2 workyears shall be applied as defined in the Federal Person3 nel Manual: Provided further, That workyears expended in

4 dependent student hiring programs for disadvantaged

5 youths shall not be included in this workyear limitation.

6 SEC. 8014. None of the funds made available by this

7 Act shall be used in any way, directly or indirectly, to in8 fluence congressional action on any legislation or appro9 priation matters pending before the Congress.

10 SEC. 8015. None of the funds appropriated by this

11 Act shall be obligated for the pay of any individual who

12 is initially employed after the date of enactment of this

13 Act as a technician in the administration and training of

14 the Army Reserve and the maintenance and repair of sup15 plies issued to the Army Reserve unless such individual

16 is also a military member of the Army Reserve troop pro17 gram unit that he or she is employed to support. Those

18 technicians employed by the Army Reserve in areas other

19 than Army Reserve troop program units need only be

20 members of the Selected Reserve.

21 SEC. 8016. Notwithstanding any other provision of

22 law, the Secretaries of the Army and Air Force may au23 thorize the retention in an active status until age sixty

24 of any person who would otherwise be removed from an

25 active status and who is employed as a National Guard
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1 or Reserve technician in a position in which active status

2 in a reserve component of the Army or Air Force is re3 quired as a condition of that employment.

4 SEC. 8017. Notwithstanding any other provision of

5 law, during the current fiscal year Ω130æand hereafter,

6 proceeds from the investment of the Fisher House Invest7 ment Trust Fund will be used to support the operation

8 and maintenance of Fisher Houses associated with Army

9 medical treatment facilities.

10 SEC. 8018. (a) None of the funds appropriated by

11 this Act shall be used to make contributions to the Depart12 ment of Defense Education Benefits Fund pursuant to

13 section 2006(g) of title 10, United States Code, represent14 ing the normal cost for future benefits under section

15 1415(c) of title 38, United States Code, for any member

16 of the armed services who, on or after the date of enact17 ment of this Act—

18 (1) enlists in the armed services for a period of

19 active duty of less than three years; or

20 (2) receives an enlistment bonus under section

21 308a or 308f of title 37, United States Code,

22 nor shall any amounts representing the normal cost of

23 such future benefits be transferred from the Fund by the

24 Secretary of the Treasury to the Secretary of Veterans

25 Affairs pursuant to section 2006(d) of title 10, United
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1 States Code; nor shall the Secretary of Veterans Affairs

2 pay such benefits to any such member: Provided, That,

3 in the case of a member covered by clause (1), these limi4 tations shall not apply to members in combat arms skills

5 or to members who enlist in the armed services on or after

6 July 1, 1989, under a program continued or established

7 by the Secretary of Defense in fiscal year 1991 to test

8 the cost-effective use of special recruiting incentives in9 volving not more than nineteen noncombat arms skills ap10 proved in advance by the Secretary of Defense: Provided

11 further, That this subsection applies only to active compo12 nents of the Army.

13 (b) None of the funds appropriated by this Act shall

14 be available for the basic pay and allowances of any mem15 ber of the Army participating as a full-time student and

16 receiving benefits paid by the Secretary of Veterans Af17 fairs from the Department of Defense Education Benefits

18 Fund when time spent as a full-time student is credited

19 toward completion of a service commitment: Provided,

20 That this subsection shall not apply to those members who

21 have reenlisted with this option prior to October 1, 1987:

22 Provided further, That this subsection applies only to ac23 tive components of the Army.

24 SEC. 8019. Funds appropriated in this Act shall be

25 available for the payment of not more than 75 percent
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1 of the charges of a postsecondary educational institution

2 for the tuition or expenses of an officer in the Ready Re3 serve of the Army National Guard or Army Reserve for

4 education or training during his off-duty periods, except

5 that no part of the charges may be paid unless the officer

6 agrees to remain a member of the Ready Reserve for at

7 least four years after completion of such training or edu8 cation.

9 SEC. 8020. None of the funds appropriated by this

10 Act shall be available to convert to contractor performance

11 an activity or function of the Department of Defense that,

12 on or after the date of enactment of this Act, is performed

13 by more than ten Department of Defense civilian employ14 ees until a most efficient and cost-effective organization

15 analysis is completed on such activity or function and cer16 tification of the analysis is made to the Committees on

17 Appropriations of the House of Representatives and the

18 Senate: Provided, That this section shall not apply to a

19 commercial or industrial type function of the Department

20 of Defense that: (1) is included on the procurement list

21 established pursuant to section 2 of the Act of June 25,

22 1938 (41 U.S.C. 47), popularly referred to as the Javits23 Wagner-O’Day Act; (2) is planned to be converted to per24 formance by a qualified nonprofit agency for the blind or

25 by a qualified nonprofit agency for other severely handi-
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1 capped individuals in accordance with that Act; or (3) is

2 planned to be converted to performance by a qualified firm

3 under 51 percent Native American ownership.

4 Ω131æSEC. 8021. None of the funds made available

5 by this Act may be obligated for the acquisition of major

6 automated information systems which have not success7 fully completed oversight reviews required by Department

8 of Defense regulations: Provided, That the automated in9 formation systems oversight review board will be inde10 pendent of any other Department review function and

11 chaired by the Assistant Secretary of Defense for Com12 mand, Control, Communications and Intelligence: Pro13 vided further, That except for those programs to modern14 ize and develop migration and standard automated infor15 mation systems that have been certified by the Depart16 ment’s senior information resource management (IRM) of17 ficial as being fully compliant with the Department’s infor18 mation management initiative as defined in Defense De19 partment Directive 8000.1, no funds may be expended for

20 modernization or development of any automated informa21 tion system (AIS) by the military departments, services,

22 defense agencies, Joint Staff or Military Commands in ex23 cess of $2,000,000 unless the senior official of the Office

24 of the Secretary of Defense with primary responsibility for

25 the functions being supported or to be supported certifies
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1 to the Assistant Secretary of Defense for Command, Con2 trol, Communications and Intelligence that the functional

3 requirement(s) is valid and that the system modernization

4 or development has no unnecessary duplication of other

5 available or planned AISs: Provided further, That all new

6 Department of Defense procurements shall separately

7 identify software costs in the work breakdown structure

8 defined by MIL–STD–881 in those instances where soft9 ware is considered to be a major category of cost.

10 SEC. 8021. Funds appropriated in title III of this Act

11 for the Department of Defense Pilot Mentor-Protege Pro12 gram may be transferred to any other appropriation con13 tained in this Act solely for the purpose of implementing

14 a Mentor-Protege Program developmental assistance agree15 ment pursuant to section 831 of the National Defense Au16 thorization Act for Fiscal Year 1991 (Public Law 101–510;

17 10 U.S.C. 2301 note), as amended, under the authority of

18 this provision or any other transfer authority contained in

19 this Act.

20 SEC. 8022. Notwithstanding any other provision of

21 law, the Secretary of the Navy may use funds appro22 priated to charter ships to be used as auxiliary mine23 sweepers providing that the owner agrees that these ships

24 may be activated as Navy Reserve ships with Navy Re25 serve crews used in training exercises conducted in accord-
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1 ance with law and policies governing Naval Reserve

2 forcesΩ132æ: Provided, That none of the funds appro3 priated or made available in this Act may be used to inac4 tivate, disestablish, or discontinue the Navy’s Craft of Op5 portunity Program.

6 SEC. 8023. Ω133æFunds appropriated or made avail7 able in this Act shall be obligated and expended to con8 tinue to fully utilize the facilities at the United States

9 Army Engineer’s Waterways Experiment Station, includ10 ing the continued availability of the supercomputer capa11 bility: Provided, That none None of the funds in this Act

12 may be used to purchase any supercomputer which is not

13 manufactured in the United States, unless the Secretary

14 of Defense certifies to the Armed Services and Appropria15 tions Committees of Congress that such an acquisition

16 must be made in order to acquire capability for national

17 security purposes that is not available from United States

18 manufacturers.

19 SEC. 8024. For the purposes of the Balanced Budget

20 and Emergency Deficit Control Act of 1985 (Public Law

21 99–177) as amended by the Balanced Budget and Emer22 gency Deficit Control Reaffirmation Act of 1987 (Public

23 Law 100–119) and by the Budget Enforcement Act of

24 1990 (Public Law 101–508), the term program, project,

25 and activity for appropriations contained in this Act shall
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1 be defined as the most specific level of budget items identi2 fied in the Department of Defense Appropriations Act,

3 1995, the accompanying House and Senate Committee re4 ports, the conference report and accompanying joint ex5 planatory statement of the managers of the Committee of

6 Conference, the related classified annexes and reports, and

7 the P–1 and R–1 budget justification documents as subse8 quently modified by Congressional action: Provided, That

9 the following exception to the above definition shall apply:

10 For the Military Personnel and the Operation and

11 Maintenance accounts, the term ‘‘program, project, and

12 activity’’ is defined as the appropriations accounts con13 tained in the Department of Defense Appropriations Act:

14 Provided further, That at the time the President submits

15 his budget for fiscal year 1996, the Department of De16 fense shall transmit to the Committees on Appropriations

17 and the Committees on Armed Services of the Senate and

18 the House of Representatives a budget justification docu19 ment to be known as the ‘‘O–1’’ which shall identify, at

20 the budget activity, activity group, and subactivity group

21 level, the amounts requested by the President to be appro22 priated to the Department of Defense for operation and

23 maintenance in any budget request, or amended budget

24 request, for fiscal year 1996.
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1 Ω134æSEC. 8025. Of the funds appropriated to the

2 Army, $223,736,000 shall be available only for the Re3 serve Component Automation System (RCAS): Provided,

4 That none of these funds can be expended—

5 (1) except as approved by the Chief of the Na6 tional Guard Bureau;

7 (2) unless RCAS resource management func8 tions are performed by the National Guard Bureau;

9 (3) to pay the salary of an RCAS program

10 manager who has not been selected and approved by

11 the Chief of the National Guard Bureau and char12 tered by the Chief of the National Guard Bureau

13 and the Secretary of the Army;

14 (4) unless the Program Manager (PM) charter

15 makes the PM accountable to the Chief of the Na16 tional Guard Bureau and fully defines his authority,

17 responsibility, reporting channels and organizational

18 structure;

19 (5) to pay the salaries of individuals assigned to

20 the RCAS program management office unless such

21 organization is comprised of personnel chosen jointly

22 by the Chiefs of the National Guard Bureau and the

23 Army Reserve;

24 (6) to pay contracted costs for the acquisition

25 of RCAS unless RCAS is an integrated system con-
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1 sisting of software, hardware, and communications

2 equipment and unless such contract continues to

3 preclude the use of Government furnished equip4 ment, operating systems, and executive applications

5 software; and

6 (7) unless RCAS performs its own classified in7 formation processing:

8 Provided further, That notwithstanding any other provi9 sion of law, none of the funds appropriated shall be avail10 able for procurement of computers for the Army Reserve

11 Component which are used to network or expand the capa12 bilities of existing or future information systems or dupli13 cate functions to be provided under the RCAS contract

14 unless the procurement meets the following criteria: (A)

15 at sites scheduled to receive RCAS equipment prior to

16 September 30, 1995, RCAS ADP equipment may be pro17 cured and only in the numbers and types allocated by the

18 RCAS program to each site; and at sites scheduled to re19 ceive RCAS equipment after September 30, 1995, RCAS

20 ADP equipment or ADP equipment from a list of RCAS

21 compatible equipment approved by the Chief of the Na22 tional Guard Bureau or his designee, may be procured and

23 only in the numbers and types allocated by the RCAS pro24 gram to each site; (B) the requesting organizational ele25 ment has insufficient ADP equipment to perform adminis-
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1 trative functions but not to exceed the number of work

2 stations determined by the RCAS program for that site;

3 (C) replacement equipment will not exceed the minimum

4 required to maintain the reliability of existing capabilities;

5 (D) replacement will be justified on the basis of cost and

6 feasibility of repairs and maintenance of present ADP

7 equipment as compared to the cost of replacement; and

8 (E) the procurement under this policy must be approved

9 by the Chief of the National Guard Bureau or his des10 ignee, provided that the procurement is a one for one re11 placement action of existing equipment.

12 SEC. 8025. Of the funds made available by this Act

13 in title III, Procurement, $8,000,000, drawn pro rata from

14 each appropriations account in title III, shall be available

15 for incentive payments authorized by section 504 of the In16 dian Financing Act of 1974, 25 U.S.C. 1544. These pay17 ments shall be available only to contractors which have sub18 mitted subcontracting plans pursuant to 15 U.S.C. 637(d),

19 and according to regulations which shall be promulgated

20 by the Secretary of Defense within 90 days of the passage

21 of this Act.

22 Ω135æSEC. 8026. None of the funds in this Act may

23 be available for the purchase by the Department of De24 fense (and its departments and agencies) of welded ship25 board anchor and mooring chain 4 inches in diameter and
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1 under unless the anchor and mooring chain are manufac2 tured in the United States from components which are

3 substantially manufactured in the United States: Pro4 vided, That for the purpose of this section manufactured

5 will include cutting, heat treating, quality control, testing

6 of chain and welding (including the forging and shot blast7 ing process): Provided further, That for the purpose of this

8 section substantially all of the components of anchor and

9 mooring chain shall be considered to be produced or manu10 factured in the United States if the aggregate cost of the

11 components produced or manufactured in the United

12 States exceeds the aggregate cost of the components pro13 duced or manufactured outside the United States: Pro14 vided further, That when adequate domestic supplies are

15 not available to meet Department of Defense requirements

16 on a timely basis, the Secretary of the service responsible

17 for the procurement may waive this restriction on a case18 by-case basis by certifying in writing to the Committees

19 on Appropriations that such an acquisition must be made

20 in order to acquire capability for national security pur21 poses.

22 SEC. 8026. During the current fiscal year, none of the

23 funds available to the Department of Defense may be used

24 to procure or acquire (1) defensive handguns or defensive

25 handgun ammunition unless such handguns or handgun
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1 ammunition are the M9 9mm Department of Defense stand2 ard handgun or ammunition for such handguns, or (2) of3 fensive handguns and ammunition except for the Special

4 Operations Forces: Provided, That the foregoing shall not

5 apply to handguns for marksmanship competitions.

6 (TRANSFER OF FUNDS)

7 SEC. 8027. Notwithstanding any other provision of

8 law, the Department of Defense may transfer prior year,

9 unobligated balances and funds appropriated in this Act

10 to the operation and maintenance appropriations for the

11 purpose of providing military technician and Department

12 of Defense medical personnel pay and medical programs

13 (including CHAMPUS) the same exemption from seques14 tration set forth in the Balanced Budget and Emergency

15 Deficit Control Act of 1985 (Public Law 99–177) as

16 amended by the Balanced Budget and Emergency Deficit

17 Control Reaffirmation Act of 1987 (Public Law 100–119)

18 and by the Budget Enforcement Act of 1990 (Public Law

19 101–508) as that granted the other military personnel ac20 counts: Provided, That any transfer made pursuant to any

21 use of the authority provided by this provision shall be

22 limited so that the amounts reprogrammed to the oper23 ation and maintenance appropriations do not exceed the

24 amounts sequestered under the Balanced Budget and

25 Emergency Deficit Control Act of 1985 (Public Law 99–

26 177) as amended by the Balanced Budget and Emergency
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1 Deficit Control Reaffirmation Act of 1987 (Public Law

2 100–119) and by the Budget Enforcement Act of 1990

3 (Public Law 101–508): Provided further, That the author4 ity to make transfers pursuant to this section is in addi5 tion to the authority to make transfers under other provi6 sions of this Act: Provided further, That the Secretary of

7 Defense may proceed with such transfer after notifying

8 the Appropriations Committees of the House of Rep9 resentatives and the Senate twenty calendar days in ses10 sion before any such transfer of funds under this provi11 sion.

12 SEC. 8028. None of the funds available to the De13 partment of the Navy may be used to enter into any con14 tract for the overhaul, repair, or maintenance of any naval

15 vessel homeported on the West Coast of the United States

16 which includes charges for interport differential as an

17 evaluation factor for award.

18 SEC. 8029. None of the funds appropriated by this

19 Act available for the Civilian Health and Medical Program

20 of the Uniformed Services (CHAMPUS) shall be available

21 for the reimbursement of any health care provider for in22 patient mental health service for care received when a pa23 tient is referred to a provider of inpatient mental health

24 care or residential treatment care by a medical or health

25 care professional having an economic interest in the facil-
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1 ity to which the patient is referred: Provided, That this

2 limitation does not apply in the case of inpatient mental

3 health services provided under the program for the handi4 capped under subsection (d) of section 1079 of title 10,

5 United States Code, provided as partial hospital care, or

6 provided pursuant to a waiver authorized by the Secretary

7 of Defense because of medical or psychological cir8 cumstances of the patient that are confirmed by a health

9 professional who is not a Federal employee after a review,

10 pursuant to rules prescribed by the Secretary, which takes

11 into account the appropriate level of care for the patient,

12 the intensity of services required by the patient, and the

13 availability of that care.

14 Ω136æSEC. 8030. Operational control of the Naval

15 Reserve Personnel Center, including its functions and re16 sponsibilities, shall be under the command and control of

17 the Commander, Naval Reserve Command: Provided, That

18 notwithstanding any other provision of law, the one-time

19 costs, including the procurement or lease of new or

20 reutilized automatic data processing investment equip21 ment, peripheral equipment and related software, of the

22 1993 Report to the President of the Defense Base Closure

23 and Realignment Commission or current DOD Data Cen24 ter Consolidation shall not exceed $309,000,000.
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1 SEC. 8030. Notwithstanding any other provision of

2 law, none of the funds appropriated in this Act may be

3 used to purchase, install, replace, or otherwise repair any

4 lock on a safe or security container which protects informa5 tion critical to national security or any other classified ma6 terials and which has not been certified as passing the secu7 rity lock specifications contained in regulation FF–L–2740

8 dated October 12, 1989, and has not passed all testing cri9 teria and procedures established through February 28,

10 1992: Provided, That the Director of Central Intelligence

11 may waive this provision, on a case-by-case basis only,

12 upon certification that the above cited locks are not ade13 quate for the protection of sensitive intelligence informa14 tion.

15 SEC. 8031. Funds available in this Act may be used

16 to provide transportation for the next-of-kin of individuals

17 who have been prisoners of war or missing in action from

18 the Vietnam era to an annual meeting in the United

19 States, under such regulations as the Secretary of Defense

20 may prescribe.

21 Ω137æSEC. 8032. None of the funds available to the

22 Department of Defense shall be obligated or expended for

23 (or to implement) automatic data processing, data proc24 essing center, central design activity, DMRD 918, defense

25 information infrastructure, and military or civilian person-
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1 nel function consolidation plans, consolidations, and dis2 establishment or realignment plans that impact, in terms

3 of reductions in force or transfers in military and civilian

4 personnel, end strength, billets, functions, or missions, the

5 Enlisted Personnel Management Center, and the collo6 cated Naval Computer and Telecommunications Station,

7 the Naval Reserve Force Information Systems Office, and

8 the Naval Reserve Personnel Center until sixty legislative

9 days after the Secretary of Defense submits to the House

10 and Senate Committees on Appropriations a report, in11 cluding complete review comments and a validation by the

12 Department of Defense Comptroller, justifying and vali13 dating that such plans and actions: (1) do not consolidate,

14 plan to consolidate, disestablish or realign Department of

15 Defense or Service data processing functions or centers,

16 central design activities, or military and civilian personnel

17 functions and activities, or claim savings from such func18 tion and activity consolidations and disestablishment, re19 alignment, or consolidation plans, that are in more than

20 one defense management report plan or decision or any

21 other Department of Defense or Service consolidation, dis22 establishment or realignment plan; (2) utilize criteria pri23 marily weighted to evaluate, measure and compare how

24 data processing centers and activities, central design ac25 tivities, and military and civilian personnel functions and
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1 activities are ranked in terms of operational readiness,

2 customer satisfaction, and the most cost effective and least

3 expensive from a business performance, and regional oper4 ations cost standpoint; (3) will provide equal or better

5 service for DOD customers; (4) provide details as to the

6 impacts on the quality of life and benefits of the individual

7 service person, dependents, and civilian personnel; and (5)

8 will not adversely impact the mission and readiness of the

9 Navy and Naval Reserves: Provided, That funds made

10 available to the Department of Defense shall be available

11 to implement the 1993 Defense Base Closure and Realign12 ment Commission approved recommendations concerning

13 the Enlisted Personnel Management Center and the collo14 cated Naval Computer and Telecommunications Station.

15 SEC. 8032. Notwithstanding any other provision of

16 law, funds available to the Department of Defense shall be

17 made available to provide transportation of medical sup18 plies and equipment, on a nonreimbursable basis, to Amer19 ican Samoa: Provided, That notwithstanding any other

20 provision of law, funds available to the Department of De21 fense shall be made available to provide transportation of

22 medical supplies and equipment, on a nonreimbursable

23 basis, to the Indian Health Service when it is in conjunc24 tion with a civil-military project.
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1 SEC. 8033. Notwithstanding any other provision of

2 law, during the current fiscal year, the Secretary of De3 fense may, by Executive Agreement, establish with host

4 nation governments in NATO member states a separate

5 account into which such residual value amounts negotiated

6 in the return of United States military installations in

7 NATO member states may be deposited, in the currency

8 of the host nation, in lieu of direct monetary transfers to

9 the United States Treasury: Provided, That such credits

10 may be utilized only for the construction of facilities to

11 support United States military forces in that host nation,

12 or such real property maintenance and base operating

13 costs that are currently executed through monetary trans14 fers to such host nations: Provided further, That the De15 partment of Defense’s budget submission for fiscal year

16 1996 shall identify such sums anticipated in residual value

17 settlements, and identify such construction, real property

18 maintenance or base operating costs that shall be funded

19 by the host nation through such credits: Provided further,

20 That all military construction projects to be executed from

21 such accounts must be previously approved in a prior Act

22 of Congress: Provided further, That each such Executive

23 Agreement with a NATO member host nation shall be re24 ported to the Committees on Appropriations and Armed

25 Services of the House of Representatives and the Senate
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1 thirty days prior to the conclusion and endorsement of any

2 such agreement established under this provision.

3 SEC. 8034. None of the funds available to the De4 partment of Defense in this Act shall be used to demili5 tarize or dispose of more than 310,784 unserviceable M1

6 Garand rifles and M1 Carbines.

7 SEC. 8035. Notwithstanding any other provision of

8 law, none of the funds appropriated by this Act shall be

9 available to pay more than 50 percent of an amount paid

10 to any person under section 308 of title 37, United States

11 Code, in a lump sum.

12 SEC. 8036. None of the funds appropriated by this

13 Act may be used by the Department of Defense to assign

14 a supervisor’s title or grade when the number of people

15 he or she supervises is considered as a basis for this deter16 mination: Provided, That savings that result from this

17 provision are represented as such in future budget propos18 als.

19 SEC. 8037. Of the funds appropriated by this Act,

20 no more than $18,500,000 shall be available for the men21 tal health care demonstration project at Fort Bragg,

22 North Carolina: Provided, That adjustments may be made

23 for normal and reasonable price and program growth.

24 SEC. 8038. None of the funds appropriated by this

25 Act shall be available for payments under the Department
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1 of Defense contract with the Louisiana State University

2 Medical Center involving the use of cats for Brain Missile

3 Wound Research, and the Department of Defense shall

4 not make payments under such contract from funds obli5 gated prior to the date of the enactment of this Act, except

6 as necessary for costs incurred by the contractor prior to

7 the enactment of this Act: Provided, That funds necessary

8 for the care of animals covered by this contract are al9 lowed.

10 SEC. 8039. None of the funds provided in this Act

11 or any other Act shall be available to conduct bone trauma

12 research at any Army Research Laboratory until the Sec13 retary of the Army certifies that the synthetic compound

14 to be used in the experiments is of such a type that its

15 use will result in a significant medical finding, the re16 search has military application, the research will be con17 ducted in accordance with the standards set by an animal

18 care and use committee, and the research does not dupli19 cate research already conducted by a manufacturer or any

20 other research organization.

21 SEC. 8040. The Secretary of Defense shall include

22 in any base closure and realignment plan submitted to

23 Congress after the date of enactment of this Act, a com24 plete review for the five-year period beginning on October

25 1, 1994, which shall include expected force structure and
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1 levels for such period, expected installation requirements

2 for such period, a budget plan for such period, the cost

3 savings expected to be realized through realignments and

4 closures of military installations during such period, an

5 economics model to identify the critical local economic sec6 tors affected by proposed closures and realignments of

7 military installations and an assessment of the economic

8 impact in each area in which a military installation is to

9 be realigned or closed.

10 Ω138æSEC. 8041. No more than $50,000 of the funds

11 appropriated or made available in this Act shall be used

12 for any single relocation of an organization, unit, activity

13 or function of the Department of Defense into or within

14 the National Capital Region: Provided, That the Secretary

15 of Defense may waive this restriction on a case-by-case

16 basis by certifying in writing to the Committees on Appro17 priations of the House of Representatives and Senate that

18 such a relocation is required in the best interest of the

19 Government: Provided further, That no funds appropriated

20 or made available in this Act shall be used for the reloca21 tion into the National Capital Region of the Air Force Of22 fice of Medical Support located at Brooks Air Force Base.

23 SEC. 8041. Notwithstanding any other provision of

24 law, each contract awarded by the Department of Defense

25 in fiscal year 1995 for construction or service performed
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1 in whole or in part in a State which is not contiguous with

2 another State and has an unemployment rate in excess of

3 the national average rate of unemployment as determined

4 by the Secretary of Labor shall include a provision requir5 ing the contractor to employ, for the purpose of performing

6 that portion of the contract in such State that is not contig7 uous with another State, individuals who are residents of

8 such State and who, in the case of any craft or trade, pos9 sess or would be able to acquire promptly the necessary

10 skills: Provided, That the Secretary of Defense may waive

11 the requirements of this section in the interest of national

12 security.

13 SEC. 8042. During the current fiscal year, funds ap14 propriated or otherwise available for any Federal agency,

15 the Congress, the judicial branch, or the District of Co16 lumbia may be used for the pay, allowances, and benefits

17 of an employee as defined by section 2105 of title 5 or

18 an individual employed by the government of the District

19 of Columbia, permanent or temporary indefinite, who—

20 (1) is a member of a Reserve component of the

21 armed forces, as described in section 261 of title 10,

22 or the National Guard, as described in section 101

23 of title 32;

24 (2) performs, for the purpose of providing mili25 tary aid to enforce the law or providing assistance
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1 to civil authorities in the protection or saving of life

2 or property or prevention of injury—

3 (A) Federal service under section 331,

4 332, 333, 3500, or 8500 of title 10, or other

5 provision of law, as applicable, or

6 (B) full-time military service for his State,

7 the District of Columbia, the Commonwealth of

8 Puerto Rico, or a territory of the United States;

9 and

10 (3) requests and is granted—

11 (A) leave under the authority of this sec12 tion; or

13 (B) annual leave, which may be granted

14 without regard to the provisions of sections

15 5519 and 6323(b) of title 5, if such employee

16 is otherwise entitled to such annual leave:

17 Provided, That any employee who requests leave under

18 subsection (3)(A) for service described in subsection (2)

19 of this section is entitled to such leave, subject to the pro20 visions of this section and of the last sentence of section

21 6323(b) of title 5, and such leave shall be considered leave

22 under section 6323(b) of title 5.

23 SEC. 8043. None of the funds appropriated by this

24 Act shall be available to perform any cost study pursuant

25 to the provisions of OMB Circular A–76 if the study being
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1 performed exceeds a period of twenty-four months after

2 initiation of such study with respect to a single function

3 activity or forty-eight months after initiation of such study

4 for a multi-function activity.

5 SEC. 8044. Funds appropriated by this Act for the

6 American Forces Information Service shall not be used for

7 any national or international political or psychological ac8 tivities.

9 SEC. 8045. Notwithstanding any other provision of

10 law or regulation, the Secretary of Defense may adjust

11 wage rates for civilian employees hired for certain health

12 care occupations as authorized for the Secretary of Veter13 ans Affairs by section 7455 of title 38, United States

14 Code.

15 SEC. 8046. Of the funds made available in this Act,

16 not less than Ω139æ$24,565,000 $19,917,000 shall be

17 available for the Civil Air Patrol, of which

18 Ω140æ$13,105,000 $10,410,000 shall be available for Op19 eration and Maintenance.

20 SEC. 8047. None of the funds appropriated or made

21 available in this Act shall be used to reduce or disestablish

22 the operation of the 53rd Weather Reconnaissance Squad23 ron of the Air Force Reserve, if such action would reduce

24 the WC–130 Weather Reconnaissance mission below the

25 levels funded in this Act.
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1 SEC. 8048. (a) Of the funds for the procurement of

2 supplies or services appropriated by this Act, qualified

3 nonprofit agencies for the blind or other severely handi4 capped shall be afforded the maximum practicable oppor5 tunity to participate as subcontractors and suppliers in the

6 performance of contracts let by the Department of De7 fense.

8 (b) During the current fiscal year, a business concern

9 which has negotiated with a military service or defense

10 agency a subcontracting plan for the participation by

11 small business concerns pursuant to section 8(d) of the

12 Small Business Act (15 U.S.C. 637(d)) shall be given

13 credit toward meeting that subcontracting goal for any

14 purchases made from qualified nonprofit agencies for the

15 blind or other severely handicapped.

16 (c) For the purpose of this section, the phrase ‘‘quali17 fied nonprofit agency for the blind or other severely handi18 capped’’ means a nonprofit agency for the blind or other

19 severely handicapped that has been approved by the Com20 mittee for the Purchase from the Blind and Other Severely

21 Handicapped under the Javits-Wagner-O’Day Act (41

22 U.S.C. 46–48).

23 SEC. 8049. During the current fiscal year, net re24 ceipts pursuant to collections from third party payers pur25 suant to section 1095 of title 10, United States Code, shall
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1 be made available to the local facility of the uniformed

2 services responsible for the collections and shall be over

3 and above the facility’s direct budget amount.

4 Ω141æSEC. 8050. Notwithstanding any other provi5 sion of law or regulation, ships designated T–AGS 63, T–

6 AGS 64 and T–AGS 65 must utilize remanufactured

7 milspec SASS multibeam sonars. Provided; That the Sec8 retary of the Navy may waive this restriction by certifying

9 in writing to the Committee on Appropriations that an al10 ternative acquisition must be made in order to acquire ca11 pability for national security purposes.

12 SEC. 8050. None of the funds available to the Depart13 ment of Defense during fiscal year 1995 may be obligated

14 for low rate initial production of the ALR–67(V)3 Ad15 vanced Special Receiver (ASR) until 30 days after the con16 gressional defense committees have received the following:

17 (1) A certification by the Director, Operational

18 Test and Evaluation, Defense, that, based on the re19 sults of the joint Developmental Test/Operational Test

20 flight tests and of the Operational Assessment in21 tended to address the readiness of the ASR for low

22 rate initial production, ASR is potentially operation23 ally effective and potentially operationally suitable

24 and ready to enter low rate initial production;
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1 (2) A comprehensive report by the Commander,

2 Navy Operational Test and Evaluation Force as to

3 the test objectives and results of the joint Developmen4 tal Test/Operational Test flight tests and of the Oper5 ational Assessment intended to address the readiness

6 of the ASR for low rate initial production;

7 (3) A comprehensive report by the Assistant Sec8 retary of the Navy (Research, Development and Ac9 quisition) as to the test objectives and results of the

10 Developmental Flight Tests and Technical Evalua11 tion, along with her certification that, based on these

12 results, the ASR is ready to enter low rate initial

13 production.

14 SEC. 8051. Section 8060 of the Department of De15 fense Appropriations Act, 1994 (Public Law 103–139) is

16 hereby repealed, which contained authority for acquisition

17 of LANDSAT 7.

18 SEC. 8052. Notwithstanding any other provision of

19 law, of the funds appropriated for the Defense Health

20 Program during this fiscal year Ω142æand hereafter, the

21 amount payable for services provided under this section

22 shall not be less than the amount calculated under the

23 coordination of benefits reimbursement formula utilized

24 when CHAMPUS is a secondary payor to medical insur25 ance programs other than Medicare, and such appropria-
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1 tions as necessary shall be available (notwithstanding the

2 last sentence of section 1086(c) of title 10, United States

3 Code) to continue Civilian Health and Medical Program

4 of the Uniformed Services (CHAMPUS) benefits, until

5 age 65, under such section for a former member of a uni6 formed service who is entitled to retired or retainer pay

7 or equivalent pay, or a dependent of such a member, or

8 any other beneficiary described by section 1086(c) of title

9 10, United States Code, who becomes eligible for hospital

10 insurance benefits under part A of title XVIII of the So11 cial Security Act (42 U.S.C. 1395 et seq.) solely on the

12 grounds of physical disability, or end stage renal disease:

13 Provided, That expenses under this section shall only be

14 covered to the extent that such expenses are not covered

15 under parts A and B of title XVIII of the Social Security

16 Act and are otherwise covered under CHAMPUS: Pro17 vided further, That no reimbursement shall be made for

18 services provided prior to October 1, 1991.

19 SEC. 8053. During the current fiscal year, the De20 partment of Defense is authorized to incur obligations of

21 not to exceed $250,000,000 for purposes specified in sec22 tion 2350j(c) of title 10, United States Code in anticipa23 tion of receipt of contributions, only from the Government

24 of Kuwait, under that section: Provided, That, upon re25 ceipt, such contributions from the Government of Kuwait
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1 shall be credited to the appropriation or fund which in2 curred such obligations.

3 Ω143æSEC. 8054. (a) Funds appropriated in this Act

4 to finance activities of Department (DOD) Federally

5 Funded Research and Development Centers (FFRDCs)

6 may not be obligated or expended for a FFRDC if a mem7 ber of its Board of Directors or Trustees simultaneously

8 serves on the Board of Directors or Trustees of a profit9 making company under contract to the Department of De10 fense unless the FFRDC has a DOD approved conflict

11 of interest policy for its members.

12 (b) None of the funds appropriated in this Act are

13 available to establish a new FFRDC, either as a new en14 tity, or as a separate entity administered by an organiza15 tion managing another FFRDC, or as a nonprofit mem16 bership corporation consisting of a consortium of other

17 FFRDCs and other nonprofit entities.

18 (c) Notwithstanding any other provision of law, of the

19 amounts available to the Department of Defense during

20 fiscal year 1995, not more than $1,252,650,000 may be

21 obligated for financing activities of FFRDCs.

22 (d) The Secretary of Defense may not obligate more

23 than one-half of the funds available to FFRDCs until the

24 Congressional defense committees receive the report on es25 tablishing pay caps for FFRDC employees that was di-
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1 rected in the Committee’s report accompanying the fiscal

2 year 1994 Department of Defense Appropriations Act.

3 SEC. 8054. (a) Funds appropriated in this Act to fi4 nance activities of Department of Defense (DOD) Federally

5 Funded Research and Development Centers (FFRDCs) may

6 not be obligated or expended for a FFRDC if a member

7 of its Board of Directors or Trustees simultaneously serves

8 on the Board of Directors or Trustees of a profit-making

9 company under contract to the Department of Defense un10 less the FFRDC has a DOD approved conflict of interest

11 policy for its members.

12 (b) None of the funds appropriated in this Act are

13 available to establish a new FFRDC, either as a new entity,

14 or as a separate entity administered by an organization

15 managing another FFRDC, or as a nonprofit membership

16 corporation consisting of a consortium of other FFRDCs

17 and other nonprofit entities.

18 (c) The Secretary of Defense may not obligate more

19 than one-half of the funds available for each defense

20 FFRDC, and more than one-half of the total amount avail21 able for defense FFRDCs, until the Congressional defense

22 committees receive a copy of the revised and updated DOD

23 master plan for FFRDCs: Provided, That the master plan

24 submitted in compliance with this subsection shall contain

25 annual funding and manpower ceilings for each defense
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1 FFRDC and each subcomponent of a defense FFRDC iden2 tified as separate sub-entity due to the significantly unique

3 nature of its functions.

4 (d) LIMITATION ON COMPENSATION.—No employee or

5 executive officer of a defense FFRDC may be compensated

6 at a rate exceeding Executive Schedule Level I by that

7 FFRDC: Provided, That the restriction contained in this

8 subsection shall not take effect until July 1, 1995.

9 (e) LIMITATION ON COMPENSATION.—No member of a

10 Board of Directors, Trustees, Overseers, Advisory Group,

11 Special Issues Panel, Visiting Committee, or any similar

12 entity of a defense FFRDC may be compensated for his or

13 her services as a member of such entity except under the

14 same conditions, and to the same extent, as members of the

15 Defense Science Board: Provided, That a member of any

16 such entity shall be allowed travel expenses and per diem

17 as authorized under the Federal Joint Travel Regulations,

18 when engaged in the performance of membership duties:

19 Provided further, That the restriction contained in this sub20 section shall not take effect until July 1, 1995.

21 (f) ELIMINATION OF FEE.—None of the funds available

22 to the Department of Defense from any source during fiscal

23 year 1995 may be obligated to pay any fee to a defense

24 FFRDC.
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1 (g) None of the funds available to the Department of

2 Defense from any source during fiscal year 1995 may be

3 used by a defense FFRDC for any purpose which otherwise

4 is not reimbursable under federal or Department of Defense

5 acquisition regulations: Provided, That the restriction con6 tained in this subsection shall also apply to cost sharing

7 for projects funded by government grants, absorption of con8 tract overruns, and costs necessary to pay the costs of doing

9 business in advance of reimbursement.

10 (h) Notwithstanding any other provision of law, of the

11 amounts available to the Department of Defense during fis12 cal year 1995, not more than $1,300,000,000 may be obli13 gated for financing activities of FFRDCs: Provided, That

14 the total amount appropriated in title IV of this Act is here15 by reduced by $52,650,000 to reflect the funding ceiling con16 tained in this subsection.

17 (i) The total amount appropriated to or for the use

18 of the Department of Defense in title IV of this Act is re19 duced by an additional $62,634,000 to reflect savings from

20 the decreased use of non-FFRDC consulting services by the

21 Department of Defense.

22 (j) The total amount appropriated to or for the use

23 of the Department of Defense in title IV of this Act is re24 duced by an additional $19,055,000 to reflect savings from

25 the decreased use of major non-profit federally-funded re-
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1 search institutions and university-affiliated research cen2 ters by the Department of Defense.

3 Ω144æSEC. 8055. None of the funds appropriated or

4 made available in this Act shall be used to procure carbon,

5 alley or armor steel plate for use in any Government6 owned facility or property under the control of the Depart7 ment of Defense which were not melted and rolled in the

8 United States or Canada: Provided, That these procure9 ment restrictions shall apply to any and all Federal Supply

10 Class 9515, American Society of Testing and Materials

11 (ASTM) or American Iron and Steel Institute (AISI)

12 specifications of carbon, alloy or armor steel plate: Pro13 vided further, That the Secretary of the military depart14 ment responsible for the procurement may waive this re15 striction on a case-by-case basis by certifying in writing

16 to the Committees on Appropriations of the House of Rep17 resentatives and the Senate that adequate domestic sup18 plies are not available to meet Department of Defense re19 quirements on a timely basis and that such an acquisition

20 must be made in order to acquire capability for national

21 security purposes: Provided further, That these restrictions

22 shall not apply to contracts which are in being as of the

23 date of enactment of this Act.

24 SEC. 8055. None of the unobligated balances available

25 in the National Defense Stockpile Transaction Fund during
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1 the current fiscal year may be obligated or expended to fi2 nance any grant or contract to conduct research, develop3 ment, test and evaluation activities for the development or

4 production of advanced materials, unless amounts for such

5 purposes are specifically appropriated in a subsequent ap6 propriations Act.

7 SEC. 8056. For the purposes of this Act, the term

8 ‘‘congressional defense committees’’ means the Commit9 tees on Armed Services, the Committees on Appropria10 tions, and the subcommittees on Defense of the Committee

11 on Appropriations, of the Senate and the House of Rep12 resentatives.

13 SEC. 8057. Notwithstanding any other provision of

14 law, during the current fiscal year, the Department of De15 fense may acquire the modification, depot maintenance

16 and repair of aircraft, vehicles and vessels as well as the

17 production of components and other Defense-related arti18 cles, through competition between Department of Defense

19 depot maintenance activities and private firms: Provided,

20 That the Senior Acquisition Executive of the military de21 partment or defense agency concerned, with power of dele22 gation, shall certify that successful bids include com23 parable estimates of all direct and indirect costs for both

24 public and private bids: Provided further, That Office of
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1 Management and Budget Circular A–76 shall not apply

2 to competitions conducted under this section.

3 Ω145æSEC. 8058. (a)(1) If the Secretary of Defense,

4 after consultation with the United States Trade Rep5 resentative, determines that a foreign country which is

6 party to an agreement described in paragraph (2) has vio7 lated the terms of the agreement by discriminating against

8 certain types of products produced in the United States

9 that are covered by the agreement, the Secretary of De10 fense shall rescind the Secretary’s blanket waiver of the

11 Buy American Act with respect to such types of products

12 produced in that foreign country.

13 (2) An agreement referred to in paragraph (1) is any

14 reciprocal defense procurement memorandum of under15 standing, between the United States and a foreign country

16 pursuant to which the Secretary of Defense has prospec17 tively waived the Buy American Act for certain products

18 in that country.

19 (b) The Secretary of Defense shall submit to Con20 gress a report on the amount of Department of Defense

21 purchases from foreign entities in fiscal year 1995. Such

22 report shall separately indicate the dollar value of items

23 for which the Buy American Act was waived pursuant to

24 any agreement described in subsection (a)(2), the Trade

25 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
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1 international agreement to which the United States is a

2 party.

3 (c) For purposes of this section, the term ‘‘Buy

4 American Act’’ means title III of the Act entitled ‘‘An Act

5 making appropriations for the Treasury and Post Office

6 Departments for the fiscal year ending June 30, 1934,

7 and for other purposes’’, approved March 3, 1933 (41

8 U.S.C. 10a et seq.).

9 SEC. 8058. None of the funds appropriated by this Act

10 shall be used for the support of any nonappropriated funds

11 activity of the Department of Defense that procures malt

12 beverages and wine with nonappropriated funds for resale

13 (including such alcoholic beverages sold by the drink) on

14 a military installation located in the United States unless

15 such malt beverages and wine are procured within that

16 State, or in the case of the District of Columbia, within

17 the District of Columbia, in which the military installation

18 is located: Provided, That in a case in which the military

19 installation is located in more than one State, purchases

20 may be made in any State in which the installation is lo21 cated: Provided further, That such local procurement re22 quirements for malt beverages and wine shall apply to all

23 alcoholic beverages only for military installations in States

24 which are not contiguous with another State: Provided fur25 ther, That alcoholic beverages other than wine and malt bev-
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1 erages, in contiguous States and the District of Columbia

2 shall be procured from the most competitive source, price

3 and other factors considered.

4 SEC. 8059. (a) Of the funds made available in this

5 Act in title II, Operation and Maintenance, Army,

6 $2,000,000 shall be available only to execute the cleanup

7 of uncontrolled hazardous waste contamination affecting

8 the Sale Parcel at Hamilton Air Force Base, in Novato,

9 in the State of California.

10 (b) Notwithstanding any other provision of law, in the

11 event that the purchaser of the Sale Parcel exercises its

12 option to withdraw from all or a portion of the sale, as

13 provided in the Agreement and Modification, dated Sep14 tember 25, 1990, between the Department of Defense, the

15 General Services Administration, and the purchaser, as

16 amended, the purchaser’s deposit of $4,500,000 shall be

17 returned by the General Services Administration and

18 funds eligible for reimbursement under the Agreement and

19 Modification, as amended, shall come from the funds made

20 available to the Department of Defense by this Act.

21 (c) In the event that the purchaser purchases only

22 a portion of the Sale Parcel and exercises its option to

23 withdraw from the sale as to the rest of the Sale Parcel,

24 the portion of the Sale Parcel that is not purchased (other

25 than Landfill 26 and an appropriate buffer area around
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1 it and the groundwater treatment facility site), together

2 with any of the land referred to in section 9099(e) of Pub3 lic Law 102–396 that is not purchased by the purchaser,

4 shall be sold to the City of Novato, in the State of Califor5 nia, for the sum of One Dollar as a public benefit transfer

6 for school, classroom or other educational use, for use as

7 a public park or recreation area or for further conveyance

8 as provided herein, subject to the following restrictions:

9 (1) if the City sells any portion of such land to any third

10 party within ten years after the transfer to the City, which

11 sale may be made without the foregoing use restrictions,

12 any proceeds received by the City in connection with such

13 sale, minus the demonstrated reasonable costs of conduct14 ing the sale and of any improvements made by the City

15 to the land following its acquisition of the land (but only

16 to the extent such improvements increase the value of the

17 portion sold), shall be immediately turned over to the

18 Army in reimbursement of the withdrawal payment made

19 by the Army to the contract purchaser and the costs of

20 cleaning up the Landfill and (2) until one year following

21 completion of the cleanup of contaminated soil in the

22 Landfill and completion of the groundwater treatment fa23 cilities, the sale must be at a per-acre price for the portion

24 sold that is at least equal to the per-acre contract price

25 paid by the purchaser for the portion of the Sale Parcel
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1 purchased under the Agreement and Modification, as

2 amended, and thereafter must be at a price at least equal

3 to the fair market value of the portion sold. The foregoing

4 restrictions shall not apply to a transfer to another public

5 or quasi-public agency for public uses of the kind de6 scribed above. The deed to the City shall contain a clause

7 providing that, if any of the proceeds referred to in clause

8 (1) are not delivered to the Army within 30 days after

9 sale, or any portion of the land not sold as provided herein

10 is used for other than educational, park or recreational

11 uses, title to the applicable portion of such land shall re12 vert to the United States Government at the election of

13 the General Services Administration. The Army shall

14 agree to deliver into the applicable closing escrow an ac15 knowledgement of receipt of any proceeds described in

16 clause (1) above and a release of the reverter right as to

17 the affected land, effective upon such receipt.

18 (d) Notwithstanding any other provision of law, the

19 Air Force shall be reimbursed for expenditures in excess

20 of $15,000,000 in connection with the total clean-up of

21 uncontrolled hazardous waste contamination on the afore22 mentioned Sale Parcel from the proceeds collected upon

23 the closing of any portion of the Sale Parcel purchased

24 by the contract purchaser under the Agreement and Modi25 fication, as amended.
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1 (e) Notwithstanding any other provision of law, the

2 purchaser’s reimbursement claims shall be audited by the

3 Defense Contract Audit Agency for reasonableness and ac4 curacy before the Department of Defense provides any

5 funds under the purchaser’s withdrawal and reimburse6 ment rights.

7 SEC. 8060. Notwithstanding any other provision of

8 law, the Secretary of Defense may, when he considers it

9 in the best interest of the United States, cancel any part

10 of an indebtedness, up to $2,500, that is or was owed to

11 the United States by a member or former member of a

12 uniformed service if such indebtedness, as determined by

13 the Secretary, was incurred in connection with Operation

14 Desert Shield/Storm: Provided, That the amount of an in15 debtedness previously paid by a member or former mem16 ber and cancelled under this section shall be refunded to

17 the member.

18 SEC. 8061. Appropriations contained in this Act that

19 remain available at the end of the current fiscal year as

20 a result of energy cost savings realized by the Department

21 of Defense shall remain available for obligation for the

22 next fiscal year to the extent, and for the purposes, pro23 vided in section 2865 of title 10, United States Code.

24 SEC. 8062. During the current fiscal year Ω146æand

25 thereafter, voluntary separation incentives payable under
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1 10 U.S.C. 1175 may be paid in such amounts as are nec2 essary from the assets of the Voluntary Separation Incen3 tive Fund established by section 1175(h)(1).

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8063. Amounts deposited during fiscal years

6 1994 and 1995 to the special account established under

7 40 U.S.C. 485(h)(2) and to the special account established

8 under 10 U.S.C. 2667(d)(1) are appropriated and shall

9 be available until transferred by the Secretary of Defense

10 to current applicable appropriations or funds of the De11 partment of Defense under the terms and conditions speci12 fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

13 2667(d)(1)(B), to be merged with and to be available for

14 the same time period and the same purposes as the appro15 priation to which transferred.

16 Ω147æSEC. 8064. In order to maintain an electric

17 furnace capacity in the United States, preference for the

18 purchase of chromite ore and manganese ore authorized

19 for disposal from the National Defense Stockpile shall be

20 given to domestic producers of high carbon ferrochromium

21 and high carbon ferromanganese—

22 (A) whose primary output during the three pre23 ceding years has been ferrochromium or

24 ferromanganese; and

25 (B) who guarantee to use the chromite and

26 manganese ore for domestic purposes.
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1 SEC. 8064. Notwithstanding any other provision of

2 law, any statutorily-required analysis of the impact on the

3 defense technology and industrial base of terminations and

4 significant reductions of major research and development

5 programs and procurement programs of the Department of

6 Defense shall address only those actions recommended by

7 the Defense Department in its annual budget request and

8 amendments thereto, supplemental requests, or proposed re9 scissions.

10 SEC. 8065. None of the funds in this or any other

11 Act shall be available for the preparation of studies on—

12 (a) the feasibility of removal and transportation

13 of unitary chemical weapons from the eight chemical

14 storage sites within the continental United States:

15 Provided, That this prohibition shall not apply to

16 non-stockpile material in the United States or to

17 studies needed for environmental analysis required

18 by the National Environmental Policy Act, or for

19 General Accounting Office studies requested by a

20 Member of Congress or a Congressional Committee;

21 and

22 (b) the potential future uses of the nine chemi23 cal disposal facilities other than for the destruction

24 of stockpile chemical munitions and as limited by

25 section 1412(c)(2), Public Law 99–145: Provided,
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1 That this prohibition does not apply to future use

2 studies for the CAMDS facility at Tooele, Utah.

3 SEC. 8066. During the current fiscal year, appropria4 tions available to the Department of Defense may be used

5 to reimburse a member of a reserve component of the

6 Armed Forces who is not otherwise entitled to travel and

7 transportation allowances and who occupies transient gov8 ernment housing while performing active duty for training

9 or inactive duty training: Provided, That such members

10 may be provided lodging in kind if transient government

11 quarters are unavailable as if the member was entitled to

12 such allowances under subsection (a) of section 404 of title

13 37, United States Code: Provided further, That if lodging

14 in kind is provided, any authorized service charge or cost

15 of such lodging may be paid directly from funds appro16 priated for operation and maintenance of the reserve com17 ponent of the member concerned.

18 SEC. 8067. For fiscal year 1995, the total amount

19 appropriated to fund the Uniformed Services Treatment

20 Facilities program, operated pursuant to section 911 of

21 Public Law 97–99 (42 U.S.C. 248c), is limited to

22 Ω148æ$329,000,000 $296,000,000, of which not more than

23 Ω149æ$300,000,000 $270,000,000 may be provided by the

24 funds appropriated by this Act.
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1 SEC. 8068. None of the funds available in this Act

2 may be used to support in any manner, including travel

3 or other related expenses, the ‘‘Tailhook Association’’:

4 Provided, That investigations by the Secretary of the Navy

5 or consultation with the Tailhook Association are not pro6 hibited by this provision.

7 SEC. 8069. The President shall include with each

8 budget for a fiscal year submitted to the Congress under

9 section 1105 of title 31, United States Code, materials

10 that shall identify clearly and separately the amounts re11 quested in the budget for appropriation for that fiscal year

12 for salaries and expenses related to administrative activi13 ties of the Department of Defense, the military depart14 ments, and the Defense Agencies.

15 SEC. 8070. None of the funds available to the De16 partment of Defense may be obligated or expended for

17 construction of Ground Wave Emergency Network

18 (GWEN) sites in Fiscal Year 1995.

19 SEC. 8071. Notwithstanding any other provision of

20 law, the Naval shipyards of the United States shall be eli21 gible to participate in any manufacturing extension pro22 gram financed by funds appropriated in this or any other

23 Act.

24 SEC. 8072. During the current fiscal year, amounts

25 contained in the Department of Defense Overseas Military
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1 Facility Investment Recovery Account established by sec2 tion 2921(c)(1) of the National Defense Authorization Act

3 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall

4 be available until expended for the payments specified by

5 section 2921(c)(2) of that Act.

6 SEC. 8073. During the current fiscal year Ω150æand

7 thereafter, annual payments granted under the provisions

8 of section 4416 of the National Defense Authorization Act

9 for Fiscal Year 1993 (Public Law 102–428; 106 Stat.

10 2714) shall be made from appropriations in this Act which

11 are available for the pay of reserve component personnel.

12 Ω151æSEC. 8074. None of the funds appropriated by

13 this Act may be used to relocate the 116th Fighter Wing

14 of the Air National Guard from Dobbins Air Reserve Base

15 to Robins Air Force Base, or to convert that wing from

16 F–15A aircraft to B–1B aircraft.

17 SEC. 8074. Of the funds appropriated or otherwise

18 made available by this Act, not more than $119,200,000

19 shall be available for payment of the operating costs of

20 NATO Headquarters.

21 Ω152æSEC. 8075. None of the funds appropriated by

22 this Act shall be used to procure aircraft fuel cells unless

23 the fuel cells are produced or manufactured in the United

24 States by a domestic-operated entity: Provided, That the

25 Secretary of the military department responsible for the
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1 procurement may waive this restriction on a case-by-case

2 basis by certifying in writing to the Committees on Appro3 priations of the House of Representatives and the Senate

4 that adequate domestic supplies are not available to meet

5 Department of Defense requirements on a timely basis

6 and that such an acquisition must be made in order to

7 acquire capability for national security purposes.

8 SEC. 8075. None of the funds available to the Depart9 ment of the Air Force shall be available to establish or sup10 port any organic depot maintenance support activity for

11 the B–2 bomber until the Under Secretary of Defense, Ac12 quisition and Technology reviews the existing infrastruc13 ture for the private sector and Air Force Depot support and

14 maintenance of the B–2 and reports to the Congressional

15 Defense Committees the most efficient and cost effective uti16 lization of public and private facilities to support the B–

17 2.

18 SEC. 8076. During the current fiscal year, appropria19 tions which are available to the Department of Defense

20 for operation and maintenance may be used to purchase

21 items having an investment item unit cost of not more

22 than $50,000.

23 SEC. 8077. During the current fiscal year Ω153æand

24 thereafter, appropriations available for the pay and allow25 ances of active duty members of the Armed Forces shall
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1 be available to pay the retired pay which is payable pursu2 ant to section 4403 of Public Law 102–484 (10 U.S.C.

3 1293 note) under the terms and conditions provided in

4 section 4403.

5 SEC. 8078. (a) During the current fiscal year, none

6 of the appropriations or funds available to the Defense

7 Business Operations Fund shall be used for the purchase

8 of an investment item for the purpose of acquiring a new

9 inventory item for sale or anticipated sale during the cur10 rent fiscal year or a subsequent fiscal year to customers

11 of the Defense Business Operations Fund if such an item

12 would not have been chargeable to the Defense Business

13 Operations Fund during fiscal year 1994 and if the pur14 chase of such an investment item would be chargeable dur15 ing the current fiscal year to appropriations made to the

16 Department of Defense for procurement.

17 (b) The fiscal year 1996 budget request for the De18 partment of Defense as well as all justification material

19 and other documentation supporting the fiscal year 1996

20 Department of Defense budget shall be prepared and sub21 mitted to the Congress on the basis that any equipment

22 which was classified as an end item and funded in a pro23 curement appropriation contained in this Act shall be

24 budgeted for in a proposed fiscal year 1996 procurement

25 appropriation and not in the supply management business
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1 area or any other area or category of the Defense Business

2 Operations Fund.

3 SEC. 8079. None of the funds provided in this Act

4 shall be available for use by a Military Department to

5 modify an aircraft, weapon, ship or other item of equip6 ment, that the Military Department concerned plans to

7 retire or otherwise dispose of within five years after com8 pletion of the modification: Provided, That this prohibition

9 shall not apply to safety modifications: Provided further,

10 That this prohibition may be waived by the Secretary of

11 a Military Department if the Secretary determines it is

12 in the best national security interest of the Ω154æcountry

13 United States to provide such waiver and so notifies the

14 congressional defense committees in writing.

15 SEC. 8080. No part of the funds in this Act shall

16 be available to prepare or present a request to the Com17 mittees on Appropriations for reprogramming of funds,

18 unless for higher priority items, based on unforeseen mili19 tary requirements, than those for which originally appro20 priated and in no case where the item for which

21 reprogramming is requested has been denied by the Con22 gress.

23 Ω155æSEC. 8081. None of the funds appropriated by

24 this Act shall be available for payment of the compensa25 tion of personnel assigned to or serving in the National
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1 Foreign Intelligence Program in excess of 94 percent of

2 such personnel actually assigned to or serving in the Na3 tional Foreign Intelligence Program on September 30,

4 1992: Provided, That in making any reduction in the num5 ber of such personnel that may be required pursuant to

6 this section, the percentage of reductions to Senior Intel7 ligence Service positions shall be equal to or exceed the

8 percentage of reductions to non-Senior Intelligence Service

9 positions: Provided further, That in making any reduction

10 in the number of such personnel that may be required pur11 suant to this section, the percentage of reductions to posi12 tions in the National Capital Region shall be equal to or

13 exceed the percentage of reductions to positions outside

14 of the National Capital Region.

15 SEC. 8081. In addition to amounts appropriated or

16 otherwise made available by this Act, $97,000,000 is hereby

17 appropriated and shall be available for liquidating defi18 ciencies in the amounts specified in the appropriations

19 ‘‘National Guard Personnel, Army, 1992’’, $10,000,000;

20 ‘‘National Guard Personnel, Army, 1993’’, $75,000,000;

21 and ‘‘Reserve Personnel, Army, 1993’’, $12,000,000.

22 SEC. 8082. None of the funds provided by this Act

23 may be used to pay the salaries of any person or persons

24 who authorize the transfer of obligated and deobligated
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1 appropriations into the Reserve for Contingencies of the

2 Central Intelligence Agency.

3 SEC. 8083. None of the funds appropriated by this

4 Act for programs of the Central Intelligence Agency shall

5 remain available for obligation beyond the current fiscal

6 year, except for funds appropriated for the Reserve for

7 Contingencies, which shall remain available until Septem8 ber 30, 1996.

9 SEC. 8084. The classified Annex prepared by the

10 Committee on Appropriations to accompany the report on

11 the Department of Defense Appropriations Act, 1995 is

12 hereby incorporated into this Act: Provided, That the

13 amounts specified in the classified Annex are not in addi14 tion to amounts appropriated by other provisions of this

15 Act: Provided further, That the President shall provide for

16 appropriate distribution of the classified Annex, or of ap17 propriate portions of the classified Annex, within the exec18 utive branch of the Government.

19 SEC. 8085. Notwithstanding any other provision of

20 law, funds made available in this Act for the Defense In21 telligence Agency may be used for the design, develop22 ment, and deployment of General Defense Intelligence

23 Program intelligence communications and intelligence in24 formation systems for the Services, the Unified and Speci25 fied Commands, and the component commands.
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1 Ω156æSEC. 8086. None of the funds appropriated by

2 this Act shall be available for the planning, programming

3 or actual movement of any component or function of the

4 Defense Mapping Agency Aerospace Center annex from

5 the St. Louis, Missouri area.

6 SEC. 8086. None of the funds appropriated by this Act

7 may be used to pay health care providers under the Civilian

8 Health and Medical Program of the Uniformed Services

9 (CHAMPUS) for services determined under the CHAMPUS

10 Peer Review Organization (PRO) Program to be not medi11 cally or psychologically necessary. The Secretary of Defense

12 may by regulation adopt any quality and utilization review

13 requirements and procedures in effect for the Peer Review

14 Organization Program under title XVIII of the Social Secu15 rity Act (Medicare) that the Secretary determines necessary,

16 and may adapt the Medicare requirements and procedures

17 to the circumstances of the CHAMPUS PRO Program as

18 the Secretary determines appropriate.

19 SEC. 8087. Notwithstanding any other provision of

20 law, reimbursements received from the North Atlantic

21 Treaty Organization for the E–3 Airborne Warning and

22 Control System (AWACS) Radar System Improvement

23 Program (RSIP) attributable to development work for fis24 cal years 1987 through 1992 shall be available to the Air
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1 Force until September 30, 1995, for meeting that service’s

2 financial commitments for the AWACS RSIP.

3 SEC. 8088. (a) None of the funds appropriated or

4 otherwise made available in this Act may be used to trans5 port or provide for the transportation of chemical muni6 tions to the Johnston Atoll for the purpose of storing or

7 demilitarizing such munitions.

8 (b) The prohibition in subsection (a) shall not apply

9 to any obsolete World War II chemical munition of the

10 United States found in the World War II Pacific Theater

11 of Operations.

12 (c) The President may suspend the application of

13 subsection (a) during a period of war in which the United

14 States is a party.

15 SEC. 8089. Notwithstanding any other provision of

16 law, funds made available in this Act and in the fiscal year

17 1994 Department of Defense Appropriations Act (Public

18 Law 103–139) under the heading ‘‘Procurement, Defense19 Wide’’ shall be available to pay equitable adjustments to

20 which the contractor is legally entitled for Coastal Patrol

21 Craft that were procured in prior fiscal years.

22 Ω157æSEC. 8090. Notwithstanding any other provi23 sion of law, funds appropriated in this Act for the High

24 Performance Computing Modernization Plan shall be

25 made available only for the upgrade, purchase, or mod-
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1 ernization of supercomputing capability and capacity at all

2 DOD high performance computing sites: Provided, That

3 contracts, contract modifications, or contract options are

4 awarded as the result of full and open competition based

5 upon the requirements of the users.

6 SEC. 8090. Notwithstanding any other provision of

7 law, funds appropriated in this Act for the upgrade, pur8 chase, or modernization of supercomputing capability and

9 capacity under the High Performance Computing Mod10 ernization program shall only be available for contracts,

11 contract modifications, or contract options which are

12 awarded as the result of open competition based upon the

13 requirements of the users without regard to the architecture

14 or design of the supercomputer system.

15 SEC. 8091. Amounts collected for the use of the fa16 cilities of the National Science Center for Communications

17 and Electronics during the current fiscal year pursuant

18 to section 1459(g) of the Department of Defense Author19 ization Act, 1986 and deposited to the special account es20 tablished under subsection 1459(g)(2) of that Act are ap21 propriated and shall be available until expended for the

22 operation and maintenance of the Center as provided for

23 in subsection 1459(g)(2).

24 SEC. 8092. The Secretary of Defense and the Direc25 tor of Central Intelligence shall deliver, no later than Jan-
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1 uary 1, 1995, a report providing the following information

2 about all research and development projects involving the

3 implementation, monitoring, or verification of current and

4 projected international arms control agreements: (a) an5 nual and total budgets, goals, schedules, and priorities; (b)

6 relationships among related projects being funded by the

7 Department of Defense, the National Foreign Intelligence

8 Program, and other departments and agencies of the Fed9 eral Government; and (c) comments by the Arms Control

10 and Disarmament Agency about the relevance of each

11 project to the arms control priorities of the United States.

12 Ω158æSEC. 8093. Notwithstanding any other provi13 sion of law, none of the funds appropriated in this or any

14 other Act shall be used for the purchase of a totally en15 closed lifeboat survival system, which consists of the life16 boat and associated davits and winches, if less than 75

17 percent of the entire system’s components are manufac18 tured in the United States, and if less than 75 percent

19 of the labor in the manufacture and assembly of the entire

20 system is performed in the United States.

21 SEC. 8093. None of the funds appropriated in this Act

22 may be used to fill the commander’s position at any mili23 tary medical facility with a health care professional unless

24 the prospective candidate can demonstrate professional ad25 ministrative skills.
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1 Ω159æSEC. 8094. (a) None of the funds appropriated

2 in this Act may be expended by an entity of the Depart3 ment of Defense unless the entity, in expending the funds,

4 complies with the Buy American Act. For purposes of this

5 subsection, the term ‘‘Buy American Act’’ means title III

6 of the Act entitled ‘‘An Act making appropriations for the

7 Treasury and Post Office Departments for the fiscal year

8 ending June 30, 1934, and for other purposes’’, approved

9 March 3, 1933 (41 U.S.C. 10a et seq.).

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label

12 bearing a ‘‘Made in America’’ inscription to any product

13 sold in or shipped to the United States that is not made

14 in America, the Secretary shall determine, in accordance

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with

17 the Department of Defense.

18 SEC. 8094. Of the funds appropriated to the Depart19 ment of Defense (DOD) for Operation and Maintenance,

20 Defense-Wide, not less than $8,000,000 shall be made avail21 able until expended to the Administration for Native Amer22 icans within 90 days of enactment of this Act: Provided,

23 That such funds shall be made available only for the mitiga24 tion of environmental impacts, including training and

25 technical assistance to tribes, related administrative sup-
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1 port, the gathering of information, documenting of environ2 mental damage, and developing a system for prioritization

3 of mitigation, on Indian lands resulting from Department

4 of Defense activities: Provided further, That the Department

5 of Defense shall provide to the Committees on Appropria6 tions of the Senate and House of Representatives by Sep7 tember 30, 1995, a summary report of all environmental

8 damage that has occurred on Indian land as a result of

9 DOD activities, to include, to the extent feasible, a list of

10 all documents and records known to the Department that

11 describe the activity or action causing or relating to such

12 environmental damage.

13 SEC. 8095. None of the funds available to the De14 partment of Defense in this Act shall be used by the Sec15 retary of a military department to purchase coal or coke

16 from foreign nations for use at United States defense fa17 cilities in Europe when coal from the United States is

18 available.

19 SEC. 8096. None of the funds appropriated or other20 wise made available by this Act may be used for a defense

21 technology reinvestment project that is not selected pursu22 ant to the applicable competitive selection and other proce23 dures set forth in chapter 148 of title 10, United States

24 CodeΩ160æ: Provided, That notwithstanding any other

25 provision of law, funds appropriated for the Advanced Re-
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1 search Projects Agency defense reinvestment program ele2 ment under the heading ‘‘Research, Development, Test and

3 Evaluation, Defense-Wide’’ shall not be obligated until the

4 Secretary of Defense has ensured that the Assistant Sec5 retaries for Research, Development, and Acquisition of the

6 separate Military Departments are full members of the De7 fense Technology Conversion Council and are fully inte8 grated into the process of selecting dual-use technology focus

9 areas for such programs and evaluating proposals for such

10 projects: Provided further, That notwithstanding any other

11 provision of law, of the funds appropriated for defense rein12 vestment programs under the heading ‘‘Research, Develop13 ment, Test and Evaluation, Defense-Wide’’, $150,000,000

14 may only be obligated for projects selected as a result of

15 a competition held by the Advanced Research Projects Agen16 cy in focus areas selected exclusively by the Assistant Sec17 retaries for Research, Development, and Acquisition of the

18 separate Military Departments: Provided further, That in

19 addition to the restriction contained in the preceding provi20 sos, the competition in focus areas shall be conducted in

21 accordance with other unaffected statutory provisions of the

22 Defense Conversion, Reinvestment, and Transition Assist23 ance Amendments of 1993.

24 Ω161æSEC. 8097. None of the funds appropriated in

25 this Act are available for development of bi-static active
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1 capability in SURTASS unless the acoustic signal process2 ing for this capability is hosted exclusively on the AN/

3 UYS–2 in the operational system.

4 SEC. 8097. (a) Not later than April 1, 1995, the Sec5 retary of Defense shall submit to the Congressional defense

6 committees a management plan for the major university7 affiliated research centers which support the Department of

8 Defense.

9 (b) The master plan required by the preceding sub10 section shall—

11 (1) establish annual funding and manpower ceil12 ings for each institution, and a total annual funding

13 and manpower ceiling;

14 (2) describe in detail what specific actions are

15 being taken to increase management of these institu16 tions by the Office of the Secretary of Defense, and to

17 reduce future annual funding; and

18 (3) explain the contracting arrangement with

19 each institution, including an evaluation of whether

20 contracts for future efforts should be competitively

21 awarded.

22 (c) For the purposes of this section, the term ‘‘major’’

23 shall apply to institutions which receive more than

24 $2,000,000 annually from the Department of Defense.
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1 SEC. 8098. None of the funds appropriated by this

2 Act shall be available for a contract for studies, analyses,

3 or consulting services entered into without competition on

4 the basis of an unsolicited proposal unless the head of the

5 activity responsible for the procurement determines—

6 (1) as a result of thorough technical evaluation,

7 only one source is found fully qualified to perform

8 the proposed work, or

9 (2) the purpose of the contract is to explore an

10 unsolicited proposal which offers significant sci11 entific or technological promise, represents the prod12 uct of original thinking, and was submitted in con13 fidence by one source, or

14 (3) the purpose of the contract is to take ad15 vantage of unique and significant industrial accom16 plishment by a specific concern, or to insure that a

17 new product or idea of a specific concern is given fi18 nancial support:

19 Provided, That this limitation shall not apply to contracts

20 in an amount of less than $25,000, contracts related to

21 improvements of equipment that is in development or pro22 duction, or contracts as to which a civilian official of the

23 Department of Defense, who has been confirmed by the

24 Senate, determines that the award of such contract is in

25 the interest of the national defense.
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1 Ω162æSEC. 8099. Notwithstanding any other provi2 sion of law, the Secretary of the Navy shall obligate funds

3 made available in the fiscal year 1993 Department of De4 fense Appropriations Act (Public Law 102–396) and the

5 fiscal year 1994 Department of Defense Appropriations

6 Act (Public Law 103–139) under the heading ‘‘Aircraft

7 Procurement, Navy’’ for the USH–42 mission recorder for

8 S–3 aircraft.

9 (TRANSFER OF FUNDS)

10 SEC. 8099. Upon enactment of this Act, the Secretary

11 of Defense shall make the following transfers of funds: Pro12 vided, That the amounts transferred shall be available for

13 the same purposes as the appropriations to which trans14 ferred, and for the same time period as the appropriation

15 from which transferred: Provided further, That the amounts

16 shall be transferred between the following appropriations in

17 the amounts specified:

18 From:

19 Under the heading, ‘‘Shipbuilding and Conver20 sion, Navy, 1986/1990’’:

21 CG–47 cruiser program, $6,000,000;

22 LSD–41 landing ship dock program,

23 $1,700,000;

24 T–AGOS ocean surveillance ship program,

25 $5,000,000;
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1 For craft, outfitting, post delivery, and cost

2 growth, $2,438,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1986/90’’:

6 SSN–688 attack submarine program,

7 $11,719,000;

8 MSH coastal mine hunter program,

9 $3,419,000;

10 From:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1987/1991’’:

13 TRIDENT ballistic missile submarine pro14 gram, $650,000;

15 DDG–51 destroyer program, $633,000;

16 CG–47 cruiser program, $283,000;

17 T–AO fleet oiler program, $2,800,000;

18 AO conversion program, $400,000;

19 For craft, outfitting, and post delivery,

20 $5,900,000;

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1988/1992’’:

23 CG–47 cruiser program, $5,145,000;

24 Weapons Procurement, Navy, 1993/1995,

25 $18,069,000;
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1 To:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1987/1991’’:

4 SSN–688 attack submarine program,

5 $18,496,000;

6 AOE fast combat support ship program,

7 $15,384,000;

8 From:

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 1988/1992’’:

11 CG–47 cruiser program, $11,993,000;

12 LSD–41 cargo variant ship program,

13 $4,773,000;

14 LHD–1 amphibious assault ship program,

15 $7,028,000;

16 AO conversion program, $1,900,000;

17 To:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1988/1992’’:

20 TRIDENT ballistic missile submarine pro21 gram, $6,035,000;

22 SSN–688 attack submarine program,

23 $19,659,000;

24 From:
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1989/1993’’:

3 LHD–1 amphibious assault ship program,

4 $3,400,000;

5 T–AO fleet oiler program, $3,488,000;

6 T–AGOS surveillance ship program,

7 $3,197,000;

8 AO conversion program, $1,300,000;

9 Weapons Procurement, Navy, 1993/1995,

10 $178,000;

11 Other Procurement, Navy, 1993/1995,

12 $22,400,000;

13 Research, Development, Test and Evalua14 tion, Navy, 1994/1995, $41,700,000;

15 To:

16 Under the heading, ‘‘Shipbuilding and Conver17 sion, Navy, 1989/1993’’:

18 SSN–688 attack submarine program,

19 $18,939,000;

20 SSN–21 attack submarine program,

21 $37,123,000;

22 MHC coastal mine hunter program,

23 $1,700,000;

24 AOE combat support ship program,

25 $17,901,000;
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1 From:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1990/1994’’:

4 TRIDENT ballistic submarine program,

5 $2,400,000;

6 Aircraft carrier service life extension pro7 gram, $346,000;

8 MCM mine countermeasures program,

9 $657,000;

10 Oceanographic ship program, $3,964,000;

11 LCAC landing craft air cushion program,

12 $1,188,000;

13 Aircraft Procurement, Navy, 1993/1995,

14 $6,000,000;

15 Weapons Procurement, Navy, 1993/1995,

16 $6,753,000;

17 Other Procurement, Navy, 1994/1996,

18 $1,297,000;

19 To:

20 Under the heading, ‘‘Shipbuilding and Conver21 sion, Navy, 1990/1994’’:

22 SSN–688 attack submarine program,

23 $9,046,000;

24 MHC coastal mine hunter program,

25 $3,575,000;
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1 AOE combat support ship program,

2 $9,984,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1991/1995’’:

6 TRIDENT ballistic missile submarine pro7 gram, $39,500,000;

8 DDG–51 destroyer program, $8,200,000;

9 LSD–41 dock landing ship cargo variant

10 ship program, $22,427,000;

11 Aircraft Procurement, Navy, 1994/1996,

12 $17,000,000;

13 Other Procurement, Navy, 1994/1996,

14 $666,000;

15 Procurement, Marine Corps, 1993/1995,

16 $6,600,000;

17 To:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1991/1995’’:

20 SSN–21 attack submarine program,

21 $48,240,000;

22 LHD–1 amphibious assault ship program,

23 $43,600,000;

24 MHC coastal mine hunter program,

25 $2,553,000;
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1 From:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1992/1996’’:

4 For craft, outfitting, post delivery, and

5 DBOF transfer, $5,183,000;

6 Other Procurement, Navy, 1994/1996,

7 $29,261,000;

8 To:

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 1992/1996’’:

11 DDG–51 destroyer program, $22,958,000;

12 MHC coastal mine hunter program,

13 $11,486,000;

14 From:

15 Weapons Procurement Navy, 1993/1995,

16 $30,000,000;

17 Other Procurement, Navy, 1994/1996,

18 $38,438,000;

19 To:

20 Under the heading, ‘‘Shipbuilding and Conver21 sion, Navy, 1993/1997’’:

22 DDG–51 destroyer program, $26,894,000;

23 LSD–41 cargo variant ship program,

24 $5,663,000;
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1 MHC coastal mine hunter program,

2 $7,615,000;

3 AOE combat support ship program,

4 $28,266,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1994/1998’’:

8 For craft, outfitting, post delivery, and first

9 destination transportation, $5,000,000;

10 Weapons Procurement, Navy, 1994/1996,

11 $14,000,000;

12 Other Procurement, Navy, 1994/1996,

13 $435,000;

14 To:

15 Under the heading, ‘‘Shipbuilding and Conver16 sion, Navy, 1994/1998’’:

17 LHD–1 amphibious assault ship program,

18 $15,131,000;

19 Oceanographic ship program, $4,304,000.

20 SEC. 8100. It is the sense of Congress that none of

21 the funds appropriated or otherwise made available by this

22 Act should be available for the purposes of deploying

23 United States Armed Forces to participate in the imple24 mentation of a peace settlement in Bosnia-Herzegovina,

25 unless previously authorized by the Congress.
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1 Ω163æ(TRANSFER OF FUNDS)

2 SEC. 8101. In addition to any other transfer author3 ity contained in this Act, funding appropriated under the

4 heading ‘‘Operation and Maintenance, Defense-Wide’’ for

5 increasing energy and water efficiency in Federal build6 ings may be transferred to other appropriations or funds

7 of the Department of Defense, to be merged with and to

8 be available for the same purposes, and for the same time

9 period, as the appropriation or fund to which transferred.

10 SEC. 8101. None of the funds provided in this Act may

11 be obligated to initiate a program, or project, or award a

12 new contract to modify or upgrade the B–1, B–2, or B–

13 52 aircraft until the Secretary of Defense has submitted a

14 cost and operational effectiveness analysis for Air Force

15 bomber programs to the Committees on Appropriations and

16 Armed Services of the Senate and House of Representatives:

17 Provided, That this section shall not apply to safety of flight

18 modifications.

19 SEC. 8102. Funds appropriated by this Act for intel20 ligence activities are deemed to be specifically authorized

21 by the Congress for purposes of section 504 of the Na22 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

23 year 1995 until the enactment of the Intelligence Author24 ization Act for fiscal year 1995.
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1 Ω164æSEC. 8103. (1) Except as provided in sub2 section (c) below, it is the sense of the Congress that none

3 of the funds appropriated by this Act should be obligated

4 or expended for costs incurred by the United States

5 Armed Forces units serving in any international peace6 keeping or peace-enforcement operations under the au7 thority of Chapter VI or Chapter VII of the United Na8 tions Charter and under the authority of a United Nations

9 Security Council Resolution, or for costs incurred by Unit10 ed States Armed Forces serving in any significant inter11 national humanitarian, peacekeeping or peace-enforce12 ment operations, unless—

13 (a) the President initiates consultations with

14 the bi-partisan leadership of Congress, including the

15 leadership of the relevant committees, regarding

16 such operations; these consultations should be initi17 ated at least fifteen days prior to the initial deploy18 ment of United States Armed Forces units to par19 ticipate in such an operation, whenever possible, but

20 in no case later than forty-eight hours after such a

21 deployment; and these consultations should continue

22 on a periodic basis throughout the period of the de23 ployment;

24 (b) such consultation should include discussion

25 of—
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1 (1) the goals of the operation and the mis2 sion of any United States Armed Forces units

3 involved in the operation;

4 (2) the United States interests that will be

5 served by the operation;

6 (3) the estimated cost of the operation;

7 (4) the strategy by which the President

8 proposes to fund the operation, including pos9 sible supplemental appropriations or payments

10 from international organizations, foreign coun11 tries or other donors;

12 (5) the extent of involvement of armed

13 forces and other contributions of personnel

14 from other nations; and

15 (6) the operation’s anticipated duration

16 and scope;

17 (c) subsection (a) does not apply with respect to

18 an international humanitarian assistance operation

19 carried out in response to natural disasters; or to

20 any other international humanitarian assistance op21 eration if the President reports to Congress that the

22 estimated cost of such operation is less than

23 $50,000,000.

24 (2) Further, it is the sense of the Congress that the

25 President should seek supplemental appropriations for any
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1 significant deployment of United States Armed Forces

2 when such forces are to perform or have been performing

3 international humanitarian, peacekeeping or peace-en4 forcement operations.

5 SEC. 8103. None of the funds available to the Depart6 ment of Defense during fiscal year 1995 may be obligated

7 or expended to reimburse States which are parties to the

8 Treaty on the Elimination of Intermediate-Range and

9 Shorter-Range Missiles concluded on December 8, 1987, and

10 the Treaty on the Reduction and Limitation of Strategic

11 Offensive Arms, concluded July 31, 1991, for costs allocated

12 to such States by either of those treaties where such costs

13 are incurred in support of inspections conducted by the

14 United States: Provided, That the limitation in this section

15 shall not apply if the Senate of the United States gives its

16 advice and consent to the ratification of an amendment to

17 those treaties which changes the financial obligations of the

18 parties to those treaties with respect to inspection costs.

19 Ω165æ(INCLUDING TRANSFER OF FUNDS)

20 SEC. 8104. Balances of the funds appropriated in

21 Public Laws 102–172, 102–396, and 103–139, under the

22 headings ‘‘World University Games’’, ‘‘Summer Olym23 pics’’, and ‘‘World Cup USA 1994’’ in title II of those

24 Acts shall be merged into a single account entitled ‘‘Sup25 port for International Sporting Competitions, Defense’’, to
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1 remain available until expended: Provided further, That

2 such account shall be available for the purpose of liquidat3 ing obligations incurred under the appropriations from

4 which funds are transferred pursuant to the provisions of

5 this section and for providing support to the 1996 Games

6 of the XXVI Olympiad to be held in Atlanta, Georgia,

7 under the terms and conditions specified in those Acts

8 under the headings ‘‘Summer Olympics’’ and for providing

9 support to any other international sporting competitions,

10 as provided for in Authorization or Appropriations Acts,

11 during the current fiscal year and thereafter.

12 SEC. 8104. The Secretary of Defense shall ensure that

13 all applicable DOD regulations and component command,

14 installation, or agency policies and procedures governing

15 temporary duty travel on official military business to the

16 States of Hawaii and Alaska require no higher levels of ap17 proval or stricter controls than travel within the continental

18 United States.

19 Ω166æSEC. 8105. Of the funds appropriated in this

20 Act, not to exceed $68,000,000 may be used for the pur21 chase or construction of vessels for the Ready Reserve

22 Force component of the National Defense Reserve Fleet,

23 as established by section 11 of the Merchant Ship Sales

24 Act of 1946 (50 U.S.C. App. 1744).
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1 SEC. 8105. None of the funds available to the Depart2 ment of Defense may be used to support the relocation of

3 P–3 aircraft squadrons or other aircraft or units from the

4 Naval Air Station at Barbers Point, Hawaii unless such

5 relocation was specifically stated in the 1993 Report to the

6 President of the Defense Base Closure and Realignment

7 Commission.

8 Ω167æSEC. 8106. After September 1, 1995, none of

9 the funds in this Act are available for research, develop10 ment, acquisition, or launch of Titan IV expendable

11 launch vehicles: Provided, That the above provision shall

12 not apply if the Secretary of Defense certifies to the Con13 gress a plan for the development of and initiation of a

14 competition for a family of launch vehicles that is—

15 (1) capable of launching both medium and

16 heavy payloads,

17 (2) fully funded in the outyears, and

18 (3) scheduled to be available prior to the launch

19 of the 41st Titan IV expendable launch vehicle:

20 Provided further, That MILSTAR satellites 1 through 6

21 shall be launched on vehicles being procured as a part of

22 the current contract for 41 Titan IV launch vehicles: Pro23 vided further, That none of the funds in this Act may be

24 used to procure more than 41 Titan IV expendable launch

25 vehicles.
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1 SEC. 8106. In the case of members who separate from

2 active duty or full-time National Guard duty in a military

3 department pursuant to a Special Separation Benefits pro4 gram (10 U.S.C. Sec. 1174a) or a Voluntary Separation

5 Incentive program (10 U.S.C. Sec. 1175) at any time after

6 the enactment of this Act, the separation payments paid

7 such members who are also paid any bonus provided for

8 in chapter 5, title 37, United States Code, during the same

9 years in which they separate shall be reduced (but in no

10 event to an amount less than zero) by an amount equal

11 to any such bonus: Provided, That any future bonus pay12 ments to which such members would otherwise be entitled

13 are rescinded: Provided further, That this measure will not

14 apply to members who separate during the last year of a

15 bonus paid pursuant to chapter 5, title 37, United States

16 Code: Provided further, That civilian employees of the De17 partment of Defense are prohibited from receiving vol18 untary separation payments if such employees are rehired

19 by any agency of the Federal Government within one hun20 dred and eighty days of separating from the Department

21 of Defense: Provided further, That members who separate

22 from active duty or full-time National Guard duty in a

23 military department at any time after the enactment of this

24 Act, are prohibited from receiving Special Separation Bene25 fits program (10 U.S.C. Sec. 1174a) or Voluntary Separa-
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1 tion Incentive program (10 U.S.C. Sec. 1175) payments if

2 rehired by the Department of Defense within one hundred

3 and eighty days of separating from active duty or full-time

4 National Guard Duty.

5 Ω168æSEC. 8107. Notwithstanding any other provi6 sion of law, of the funds appropriated to the Department

7 of the Navy for Operation and Maintenance, not less than

8 $3,000,000 shall be obligated and expended only for oper9 ation and maintenance, purchase of automatic data proc10 essing equipment, or in-house central design development

11 for the Naval Reserve Force Information Systems Office,

12 the Navy Reserve Personnel Center, the Enlisted Person13 nel Management Center, and the collocated Naval Com14 puter and Telecommunications Station: Provided, That

15 notwithstanding any other provision of law, of the funds

16 appropriated to the Department of Defense for Procure17 ment, Defense-Wide not less than $10,000,000 shall be

18 obligated and expended only for automatic data processing

19 equipment or software, or in-house central design develop20 ment for the Naval Reserve Force Information Systems

21 Office, the Naval Reserve Personnel Center, the Enlisted

22 Personnel Management Center and the collocated Naval

23 Computer and Telecommunications Station: Provided fur24 ther, That the Secretary of the Navy shall establish the

25 Naval Reserve Force Information Systems Office, the En-
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1 listed Personnel Management Center, and the collocated

2 Naval Computer and Telecommunications Station, as the

3 designers, developers, managers, integrators and central

4 design activity for the software development and mainte5 nance of the Naval active and reserve Single Source Data

6 Collection System.

7 (TRANSFER OF FUNDS)

8 SEC. 8107. Within amounts appropriated in this Act,

9 $5,000,000 shall be made available for pay and allowances

10 for the Office of the Assistant Secretary of Defense for Re11 serve Affairs to be available only for support of Civil-Mili12 tary Cooperation program operations, for transfer to appro13 priations available to the Department of Defense for mili14 tary personnel of the reserve components serving under the

15 provisions of title 10 and title 32, United States Code: Pro16 vided, That the funds made available by this paragraph

17 shall be available for obligation for the same time period

18 and for the same purpose as the appropriation to which

19 transferred: Provided further, That the transfer authority

20 provided in this paragraph is in addition to any transfer

21 authority contained elsewhere in this Act.

22 Ω169æSEC. 8108. No funds available to the Depart23 ment of Defense may be used to establish additional field

24 operating agencies or field offices of any element of the

25 Department during fiscal year 1995: Provided, That after

26 August 30, 1995, none of the funds available to the De-
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1 partment of Defense shall be used to support more than

2 fifty percent of the field operating agencies or field offices

3 of any element of the Department of Defense which were

4 in existence on September 30, 1994.

5 SEC. 8108. Notwithstanding any other provision of

6 law, for resident classes entering the war colleges after Sep7 tember 30, 1996, the Department of Defense shall require

8 that not less than 20 percent of the total of United States

9 military students at each war college shall be from military

10 departments other than the hosting military department:

11 Provided, That each military department will recognize the

12 attendance at a sister military department war college as

13 the equivalent of attendance at its own war college for pro14 motion and advancement of personnel.

15 Ω170æSEC. 8109. None of the funds made available

16 in this Act under the heading ‘‘Shipbuilding and Conver17 sion, Navy’’ may be obligated for the DDG–51 destroyer

18 program or the LHD–1 amphibious assault ship program

19 until the fiscal year 1995 options for acquisition of sealift

20 ships have been exercised.

21 SEC. 8109. None of the funds provided in this Act may

22 be expended for the refurbishment of M61/20 mm Gatling

23 Gun assets for domestic or foreign military sales unless the

24 Department of the Air Force competes this work among

25 qualified depots and commercial contractors.
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1 Ω171æSEC. 8110. None of the funds provided in this

2 Act may be used to procure crystal oscillator carriers, ce3 ramic package incorporating ceramic components joined

4 with glass (frit) or epoxy seals, or multi-layer co-fired sin5 gle chip ceramic packages unless such products are pro6 duced or manufactured in the United States: Provided,

7 That when adequate domestic supplies are not available

8 to meet Department of Defense requirements on a timely

9 basis, the Secretary of the service responsible for the pro10 curement may waive this restriction on a case-by-case

11 basis by certifying in writing to the Committees on Appro12 priations that such an acquisition must be made in order

13 to acquire capability for national security purposes.

14 SEC. 8110. None of the funds provided in this Act may

15 be obligated or expended for the sale of zinc in the National

16 Defense Stockpile if zinc commodity prices decline more

17 than five percent below the London Metals Exchange market

18 price reported on the date of enactment of this Act.

19 Ω172æSEC. 8111. Notwithstanding any other provi20 sion of law, funds made available in the fiscal year 1993

21 and 1994 Department of Defense Appropriations Acts for

22 the EA–6B program are to be used exclusively to begin

23 engineering changes that will increase the capability of the

24 Navy’s EA–6B aircraft by insertion of the critical ele25 ments of the EA–6B ADVCAP receiver processor group
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1 system into the on-board system and the addition of the

2 ALQ–149 Command, Control, and Communications coun3 termeasure system: Provided, That these funds shall be

4 obligated no later than 120 days after enactment of this

5 Act: Provided further, That the Secretary of the Navy shall

6 obligate $6,000,000 made available in the fiscal year 1994

7 Department of Defense Appropriations Act (Public Law

8 103–139) exclusively for the miniaturization of the EA–

9 6B RPG technology for use on the Navy’s electronic war10 fare aircraft.

11 SEC. 8111. Notwithstanding any other provision of

12 law, the Secretary of the Navy shall reimburse the

13 Muckleshoot Indian Tribe of Auburn, Washington, for costs

14 that have been validated as having been expended in the

15 development and submission of a base reuse plan for Puget

16 Sound Naval Air Station: Provided, That the Muckleshoot

17 Indian Tribe cost reimbursement claims shall be submitted

18 to and validated by the General Counsel of the Department

19 of Defense prior to reimbursement by the Secretary of the

20 Navy: Provided further, That in no case shall total reim21 bursements for these costs exceed $600,000. The Secretary

22 may not pay the Muckleshoot Indian Tribe the reimburse23 ment otherwise required by the preceding sentence unless

24 the Tribe waives in writing all claims that the Tribe may

25 have against the United States or any agency or official
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1 of the United States (in the official capacity of that offi2 cial), against the State of Washington or any agency or

3 official of the State of Washington (in the official capacity

4 of that official), and against the City of Seattle, Washing5 ton, or any agency or official of the City of Seattle, Wash6 ington (in the official capacity of that official), regarding

7 the disposal of the Puget Sound Naval Air Station.

8 (TRANSFER OF FUNDS)

9 SEC. 8112. For the rehabilitation of damage caused

10 to Rongelap Atoll by the nuclear testing program and for

11 the resettlement of Rongelap Atoll, $5,000,000 is appro12 priated to the Department of Defense, which shall be

13 transferred to the Department of the Interior for deposit

14 into the Rongelap Resettlement Trust Fund.

15 Ω173æSEC. 8113. None of the funds provided in this

16 Act may be used to develop the Sustaining Base Informa17 tion System until the Assistant Secretary of Defense for

18 Command, Control, Communications and Intelligence has

19 certified to the Armed Services and Appropriations Com20 mittees of Congress that the Department of Defense has

21 published a complete and comprehensive system functional

22 description governing the acquisition and has received

23 from the contractor an estimate of the number of lines

24 of software code to implement such functional description

25 and an estimate of the attendant cost: Provided, That

26 none of the work content of the Sustaining Base Informa-
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1 tion System contract may be performed instead by govern2 ment in-house activities without being competed if such

3 efforts are passed through government organizations to

4 other than Sustaining Base Information System contrac5 tors.

6 SEC. 8113. PROHIBITION ON USE OF FUNDS FOR CER7 TAIN ACTIVITIES AT CAMERON STATION, VIRGINIA. (a)

8 PROHIBITION.—None of the funds appropriated in this Act

9 or otherwise made available to the Department of Defense

10 may be obligated or expended by the Secretary of Defense

11 for the execution pursuant to subsection (f) of section 501

12 of the Stewart B. McKinney Homeless Assistance Act of (42

13 U.S.C. 11411) of a lease, permit, or deed of conveyance for

14 use to assist the homeless of any property described in sub15 section (b) until the Secretary of Health and Human Serv16 ices, appropriate representatives of the City of Alexandria,

17 Virginia, and representatives of the homeless whose applica18 tions for use of such property to assist the homeless have

19 been approved by the Secretary of Health and Human Serv20 ices under subsection (e)(3) of such section jointly determine

21 that such use is reasonable under the redevelopment plan

22 for Cameron Station, Virginia.

23 (b) COVERED PROPERTY.—Subsection (a) applies to

24 the public buildings and real property located at Cameron

25 Station, Virginia, which installation was approved for clo-
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1 sure pursuant to the provisions of title II of the Defense

2 Authorization Amendments and Base Closure and Realign3 ment Act (Public Law 100–526; 10 U.S.C. 2687 note).

4 Ω174æSEC. 8114. The Assistant Secretary of Defense

5 for Command, Control, Communications and Intelligence

6 shall establish and implement a master plan for all acqui7 sitions of automated document conversion systems, equip8 ment, and technologies: Provided, That none of the funds

9 in this Act may be used to develop technologies or to ac10 quire new automated document conversion equipment,

11 services, or systems which cost more than $5,000,000

12 after January 1, 1995 unless such acquisitions are ap13 proved in advance by the Assistant Secretary or his des14 ignee: Provided further, That of the funds appropriated to

15 the Department of Defense for Procurement, Defense16 Wide, not less than $30,000,000 shall be used only to inte17 grate the Automated Document Conversion System into

18 the Joint Engineering Data Management and Information

19 Control System.

20 SEC. 8114. (a) IN GENERAL.—The fiscal year 1995 in21 crease in military retired pay shall (notwithstanding sub22 paragraph (B) of section 1401a(b)(2) of title 10, United

23 States Code) first be payable as part of such retired pay

24 for the month of March 1995.

25 (b) DEFINITIONS.—For the purposes of subsection (a):
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1 (1) The term ‘‘fiscal year 1995 increase in mili2 tary retired pay’’ means the increase in retired pay

3 that, pursuant to paragraph (1) of section 1401a(b)

4 of title 10, United States Code, becomes effective on

5 December 1, 1994.

6 (2) The term ‘‘retired pay’’ includes retainer

7 pay.

8 Ω175æSec. 8115. Notwithstanding any other provi9 sion of law, none of the funds provided in this Act may

10 be used to procure vessel propellers six feet in diameter

11 and greater unless such propellers are manufactured in

12 the United States incorporating only casting which are

13 poured and finished in the United States. Nor may any

14 of the funds provided in this Act be used to procure ship

15 propulsion shafting unless such ship propulsion shafting

16 is manufactured in the United States: Provided, That

17 when adequate domestic supplies are not available to meet

18 Department of Defense requirements on a timely basis,

19 the Secretary of the service responsible for the procure20 ment may waive this restriction on a case-by-case basis

21 by certifying in writing to the Committees on Appropria22 tions that such an acquisition must be made in order to

23 acquire capability for national security purposes.

24 (TRANSFER OF FUNDS)

25 SEC. 8115. In addition to amounts appropriated or

26 otherwise made available by this Act, $11,200,000 is hereby
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1 appropriated to the Department of Defense and shall be

2 available only for transfer to the United States Coast Guard

3 for a 2.6 percent pay increase for uniformed members.

4 Ω176æ(TRANSFER OF FUNDS)

5 SEC. 8116. Notwithstanding any other provision of

6 law, $16,300,000 made available in the fiscal year 1993

7 Department of Defense Appropriations Act (Public Law

8 102–396) for ‘‘Other Procurement, Navy’’ and

9 $5,900,000 made available in the fiscal year 1994 Depart10 ment of Defense Appropriations Act (Public Law 103–

11 139) for ‘‘Other Procurement, Navy’’ shall be transferred

12 to ‘‘Research, Development, Test and Evaluation, Navy’’

13 for the SPS–48E program.

14 SEC. 8116. Notwithstanding any other provision of

15 law, for education and training expenses not otherwise pro16 vided for, $119,000,000 is appropriated for aiding school

17 districts in accordance with authority granted under Public

18 Law 81–874.

19 Ω177æSEC. 8117. Notwithstanding any other provi20 sion of law, the Department of Defense shall award con21 tracts for the CHAMPUS Reform Initiative in California22 Hawaii and the Managed Care Support initiative in Wash23 ington-Oregon regions in sufficient time for the contrac24 tors to begin to provide health care under those contracts

25 no later than April 1, 1995 in California and Hawaii, and
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1 not later than March 1, 1995 for Washington and Oregon,

2 or as soon thereafter as practicable.

3 SEC. 8117. After April 15, 1995, none of the funds pro4 vided in this Act may be obligated for payment on contracts

5 on which allowable costs charged to the government include

6 payments for individual compensation in excess of the rate

7 of compensation of Level I of the Executive Schedule em8 ployees of the United States Government.

9 Ω178æSEC. 8118. None of the funds appropriated in

10 this Act shall be used for the recruitment or enrollment

11 of a new student or class of students at the Uniformed

12 Services University of the Health Sciences.

13 Ω179æSEC. 8119. None of the funds appropriated or

14 made available by this Act shall be obligated to procure

15 active matrix liquid crystal displays unless the displays,

16 including the active and passive plates, are produced or

17 manufactured in the United States by a domestic-owned

18 and domestic-operated entity: Provided, That the Sec19 retary of the military department or head of a Defense

20 Agency responsible for the procurement may waive this

21 restriction on a case-by-case basis by certifying in writing

22 to the Committees on Appropriations of the House of Rep23 resentatives and the Senate that adequate domestic sup24 plies are not available to meet Department of Defense re25 quirements on a timely basis and that such an acquisition
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1 must be made in order to acquire capability for national

2 security purposes: Provided further, That these restrictions

3 shall not apply to contracts which are in being as of the

4 date of enactment of this Act.

5 SEC. 8120. None of the funds appropriated in this

6 Act to the Department of the Army may be obligated for

7 procurement of 120mm mortars or 120mm mortar ammu8 nition manufactured outside of the United States.

9 Ω180æSEC. 8121. The total amount appropriated to

10 or for the use of the Department of Defense by this Act

11 for research, development, test and evaluation for manage12 ment support is hereby reduced by $30,000,000: Provided,

13 That the Secretary of Defense shall allocate the amount

14 reduced in the preceding sentence and not later than De15 cember 31, 1994, report to the Senate and the House

16 Committees on Appropriations and Armed Services how

17 this reduction was allocated among the services and De18 fense Agencies.

19 Ω181æSEC. 8121. (a) STUDY.—The Secretary of De20 fense shall conduct a study of the receipt of benefits under

21 the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) by the

22 members of the Armed Forces. The study shall include the

23 following elements:

24 (1) The number of members of the Armed Forces

25 who are eligible to receive benefits under that Act.
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1 (2) The number of such members who receive

2 benefits under that Act.

3 (3) The location by State and region of the mem4 bers referred to in paragraphs (1) and (2).

5 (4) An estimate of the cost of raising the rate of

6 basic pay of members of the Armed Forces to a rate

7 at which such members would no longer be eligible to

8 receive benefits under that Act.

9 (b) REPORT.—The Secretary shall submit to Congress

10 a report on the study required under subsection (b) not later

11 than 180 days after the date of the enactment of this Act.

12 Ω182æSEC. 8122. (a) The Secretary of Defense shall

13 submit, on a quarterly basis, a report to the appropriate

14 congressional committees setting forth all costs (including

15 incremental costs) incurred by the Department of Defense

16 during the preceding quarter in implementing or support17 ing resolutions of the United Nations Security Council, in18 cluding any such resolution calling for international sanc19 tions, international peacekeeping operations, and humani20 tarian missions undertaken by the Department of Defense.

21 The quarterly report shall include an aggregate of all such

22 Department of Defense costs by operation or mission.

23 (b) The Secretary of Defense shall detail in the quar24 terly reports all efforts made to seek credit against past

25 United Nations expenditures and all efforts made to seek
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1 compensation from the United Nations for costs incurred

2 by the Department of Defense in implementing and sup3 porting United Nations activities.

4 (c) As used in this section, the term ‘‘appropriate con5 gressional committees’’ means—

6 (1) the Committees on Appropriations of the

7 House of Representatives and the Senate;

8 (2) the Committees on Armed Services of the

9 House of Representatives and the Senate; and

10 (3) the Committee on Foreign Relations of the

11 Senate and the Committee on Foreign Affairs of the

12 House of Representatives.

13 Ω183æSEC. 8123. ADDITIONAL COUNTRIES ELIGIBLE FOR

14 PARTICIPATION IN ALLIED DEFENSE CO15 OPERATION.

16 (a) SHORT TITLE.—This section may be cited as the

17 ‘‘NATO Participation Act’’.

18 (b) TRANSFER OF EXCESS DEFENSE ARTICLES.—The

19 President may transfer excess defense articles under section

20 516 of the Foreign Assistance Act of 1961 or under the Arms

21 Export Control Act to Poland, Hungary, the Czech Repub22 lic, and Slovakia.

23 (c) LEASES AND LOANS OF MAJOR DEFENSE EQUIP24 MENT AND OTHER DEFENSE ARTICLES.—Section 63(a)(2)

25 of the Arms Export Control Act (22 U.S.C. 2796b) is
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1 amended by striking ‘‘or New Zealand’’ and inserting ‘‘New

2 Zealand, Poland, Hungary, the Czech Republic, or Slo3 vakia’’.

4 (d) LOAN MATERIALS, SUPPLIES, AND EQUIPMENT

5 FOR RESEARCH AND DEVELOPMENT PURPOSES.—Section

6 65(d) of the Arms Export Control Act (22 U.S.C. 2796d(d))

7 is amended—

8 (1) by striking ‘‘or’’ after ‘‘United States)’’ and

9 inserting a comma; and

10 (2) by inserting before the period at the end the

11 following: ‘‘, Poland, Hungary, the Czech Republic, or

12 Slovakia’’.

13 (e) COOPERATIVE MILITARY AIRLIFT AGREEMENTS.—

14 Section 2350c(e)(1)(B) of title 10, United States Code, is

15 amended by striking ‘‘and the Republic of Korea’’ and in16 serting ‘‘the Republic of Korea, Poland, Hungary, the Czech

17 Republic, and Slovakia’’.

18 (f) PROCUREMENT OF COMMUNICATIONS SUPPORT AND

19 RELATED SUPPLIES AND SERVICES.—Section

20 2350f(d)(1)(B) is amended by striking ‘‘or the Republic of

21 Korea’’ and inserting ‘‘the Republic of Korea, Poland, Hun22 gary, the Czech Republic, or Slovakia’’.

23 (g) STANDARDIZATION OF EQUIPMENT WITH NORTH

24 ATLANTIC TREATY ORGANIZATION MEMBERS.—Section
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1 2457 of title 10, United States Code, is amended by adding

2 at the end the following new subsection:

3 ‘‘(g) It is the sense of the Congress that, in the interest

4 of maintaining stability and promoting democracy in East5 ern Europe, Poland, Hungary, the Czech Republic, and Slo6 vakia, those countries should, on and after the date of enact7 ment of this subsection, be included in all activities under

8 this section related to the increased standardization and en9 hanced interoperability of equipment and weapons systems,

10 through coordinated training and procurement activities,

11 as well as other means, undertaken by the North Atlantic

12 Treaty Organization members and other allied countries.’’.

13 (h) INCLUSION OF OTHER EUROPEAN COUNTRIES

14 EMERGING FROM COMMUNIST DOMINATION.—The Presi15 dent should recommend legislation to the Congress making

16 eligible under the provisions of law amended by this section

17 such other European countries emerging from communist

18 domination as the President may determine if such coun19 tries—

20 (1) have made significant progress toward estab21 lishing democratic institutions, free market econo22 mies, civilian control of their armed forces, and the

23 rule of law; and

24 (2) are likely, within 5 years of such determina25 tion, to be in a position to further the principles of
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1 the North Atlantic Treaty and to contribute to the se2 curity of the North Atlantic area.

3 (i) CERTIFICATION REQUIRED.—Before exercising the

4 authority in subsection (a), or in section 63(a)(2) of the

5 Arms Export Control Act, with respect to Poland, Hungary,

6 the Czech Republic, or Slovakia, the President shall deter7 mine and certify to the appropriate congressional commit8 tees that no such country is selling or transferring defense

9 articles to a state that has repeatedly provided support for

10 acts of international terrorism, as determined by the Sec11 retary of State under section 6(j) of the Export Administra12 tion Act of 1979.

13 Ω184æSEC. 8124. SENSE OF THE CONGRESS CONCERNING

14 THE REPUBLIC OF BULGARIA.

15 (a) FINDINGS.—The Congress finds that:

16 (1) In the spring of 1990, Bulgaria held its first

17 round-table discussions and held its first free, demo18 cratic elections in June 1990;

19 (2) In August 1990, the Bulgarian Grand Na20 tional Assembly elected Dr. Zhelyu Zhelev as Presi21 dent of the Republic;

22 (3) On July 12, 1991 the Parliament of Bul23 garia adopted the new Constitution of the Republic of

24 Bulgaria, which proclaims that Bulgaria is governed

25 by the rule of law;
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1 (4) In addition, the Bulgarian Constitution es2 tablishes the principles of a market economy in Bul3 garia, including Article 17 which guarantees and pro4 tects the right to property and inheritance and pro5 claims the inviolability of private property, and Arti6 cle 19 which states that the economy of Bulgaria is

7 based on free economic enterprise;

8 (5) In October 1991, Bulgaria held its second

9 parliamentary elections;

10 (6) Since 1990, the Bulgarian Parliament has

11 passed more than 220 laws establishing legal protec12 tions for a free market economy including the Law on

13 Land Ownership, the Law on the Protection of Com14 petition, the Law on Commerce, the Law on Privat15 ization, the Law on Accounting and the Law on

16 Banking;

17 (7) The Bulgarian private sector has grown from

18 5 percent of GNP in 1990 to 22 percent of GNP in

19 1993, and by the end of 1993, 47 percent of Bul20 garian farm land had been returned to its owners

21 prior to 1948;

22 (8) In June 1990, Bulgaria established diplo23 matic relations with NATO and on February 14,

24 1994, joined the Partnership for Peace;
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1 (9) Since October 1991, the Bulgarian minister

2 of defense has been a civilian and this practice is

3 scheduled to be institutionalized when the Bulgarian

4 Law on Armed Forces is adopted in September 1994.

5 (b) SENSE OF CONGRESS.—Therefore, it is the sense

6 of the Congress that:

7 (1) The Republic of Bulgaria is making swift

8 and important progress to join the West and should

9 be strongly commended for its efforts.

10 (2) The Republic of Bulgaria is making signifi11 cant progress toward establishing democratic institu12 tions, a free market economy, civilian control of the

13 armed forces and the rule of law.

14 (3) As the President evaluates increased defense

15 cooperation with central and eastern Europe, Bul16 garia’s extensive reform efforts should be given every

17 possible consideration.

18 Ω185æSEC. 8125. STUDY OF C–130S.—(a) REPORT.—

19 Within six months of enactment of this Act, the Chairman

20 of the Joint Chiefs of Staff (JCS) shall recommend to the

21 Secretary of Defense a master stationing plan for C–130

22 aircraft for the active and reserve components based on the

23 National Military Strategy and current contingency plans

24 of the Joint Chiefs of Staff. The report shall include:
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1 (1) a review of existing Air Reserve Component

2 C–130s; and

3 (2) a master plan for basing future Air Reserve

4 Component C–130s over the next twenty years.

5 (b) INTERIM REDUCTIONS.—No reductions of primary

6 authorized C–130 aircraft (PAA) shall be permitted until

7 after completion of the report.

8 (c) APPROVAL.—Within 2 months of receipt of the re9 port from the Chairman of the JCS, the Secretary of De10 fense shall approve the final master stationing plan for C–

11 130 aircraft and shall provide it to the congressional defense

12 committees. The Secretary shall also provide the final report

13 to the Air Force and to the National Guard Bureau for

14 implementation.

15 Ω186æSEC. 8126. Funds appropriated for the Army

16 by this Act may not be expended to deactivate or to take

17 any action necessary to deactivate any Army Reserve Offi18 cers’ Training Corps unit, or to reduce any such unit for

19 the purpose of eventually deactivating that unit, unless the

20 Secretary of the Army has determined that the unit has

21 been placed in, and has been evaluated for a full evaluation

22 period under, the Effective Management Program of the

23 Army Cadet Command.
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1 Ω187æSEC. 8127. PREFERENCE FOR LOCAL AND SMALL BUSI2 NESSES TO CARRY OUT ENVIRONMENTAL

3 RESTORATION AND REMEDIATION OF

4 KAHO’OLAWE ISLAND, HAWAII.

5 (a) PREFERENCE REQUIRED.—In entering into con6 tracts with private entities to carry out environmental res7 toration and remediation of Kaho’olawe Island, Hawaii,

8 and the waters surrounding that island, the Secretary of

9 the Navy shall, to the maximum extent practicable, give a

10 preference to small business concerns and small disadvan11 taged business concerns located in the State of Hawaii. In

12 giving the preference, the Secretary shall give especial pref13 erence to businesses owned by Native Hawaiians.

14 (b) DEFINITIONS.—In this section:

15 (1) The term ‘‘small business concern’’ means a

16 business concern meeting the requirements of section

17 3 of the Small Business Act (15 U.S.C. 632).

18 (2) The term ‘‘small disadvantaged business con19 cern’’ means the business concerns referred to in sec20 tion 7(d)(1) of such Act (15 U.S.C. 637(d)(1)).

21 (3) The term ‘‘Native Hawaiian’’ means any in22 dividual who is a descendent of the aboriginal people

23 who, prior to 1778, occupied and exercised sov24 ereignty in the area that now comprises the State of

25 Hawaii.
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1 Ω188æSEC. 8128. (a) The prohibition on concurrent

2 award of compensation and retirement pay (including

3 naval pension) set forth in section 5304(a)(1) of title 38,

4 United States Code, does not apply to a person who has

5 a service-connected disability if—

6 (1) the person has completed at least 20 years of

7 service in the uniformed services that is creditable for

8 purposes of computing the amount of retirement pay

9 to which the member is entitled;

10 (2) the disability was incurred or aggravated in

11 the performance of duty as a member of a uniformed

12 service, as determined by the Secretary concerned;

13 and

14 (3) the disability is a disability rated as total—

15 (A) by the Secretary concerned as of the

16 date on which the person is retired from the uni17 formed services; or

18 (B) by the Secretary of Veterans Affairs

19 within four years following the date on which the

20 person is retired from the uniformed services.

21 (b) Notwithstanding section 1463(a) of title 10, United

22 States Code, the amount of retirement pay paid in accord23 ance with subsection (a) concurrently with the payment of

24 disability compensation to the recipients of such retirement

25 pay shall be paid out of funds appropriated by this Act.
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1 (c) Subsection (a) is not applicable to a person for any

2 period for which the disability of such person is not a dis3 ability rated as total as described in paragraph (3) of such

4 subsection.

5 (d) In this section:

6 (1) The terms ‘‘compensation’’, ‘‘service-con7 nected’’, and ‘‘Secretary concerned’’ have the mean8 ings given such terms in section 101 of title 38, Unit9 ed States Code.

10 (2) The term ‘‘disability rated as total’’—

11 (A) means a disability that is rated as total

12 under the standard schedule of rating disabilities

13 in use by the Department of Veterans Affairs;

14 and

15 (B) does not include a disability for which

16 the schedular rating is less than total but for

17 which a rating of total is assigned by reason of

18 inability of the disabled person concerned to se19 cure or follow a substantially gainful occupation

20 as a result of service-connected disabilities or by

21 reason of any other factor.

22 (3) The term ‘‘uniformed services’’ has the mean23 ing given such term in section 101(a)(5) of title 10,

24 United States Code.
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1 (e) This section shall take effect on October 1, 1994,

2 and shall apply to months that begin on or after that date

3 and before October 1, 1995, upon authorization in an Act

4 other than this Act.

5 Ω189æSEC. 8129. IMPLEMENTATION OF AGREEMENT ON THE

6 RESTRUCTURING OF THE ARMY NATIONAL

7 GUARD AND THE ARMY RESERVE.

8 (a) FINDING.—Congress finds that the implementation

9 of the off-site agreement may result in the loss to the Armed

10 Forces of military personnel who have significant military

11 experience and expertise.

12 (b) REASSIGNMENT OF MEMBERS.—(1) To the maxi13 mum extent practicable, the Secretary of the Army shall

14 ensure that members of the Armed Forces who would other15 wise be separated from service as a result of the deactivation

16 of military units of the Army National Guard and the

17 Army Reserve under the off-site agreement be reassigned in18 stead to units that are not being deactivated.

19 (2) The reassignment of a member under paragraph

20 (1) shall not affect the grade or rank in grade of the mem21 ber.

22 (c) REPORTS.—Not later than 15 days after the end

23 of each calendar quarter while the off-site agreement is in

24 effect, the Secretary of the Army shall submit to the congres25 sional defense committees a report on the number of mem-
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1 bers of the Armed Forces who were reassigned under sub2 section (b)(1) during the preceding calendar quarter.

3 (d) DEFINITIONS.—In this section:

4 (1) The term ‘‘congressional defense committees’’

5 means the Committees on Armed Services and the

6 Committees on Appropriations of the Senate and the

7 House of Representatives.

8 (2) The term ‘‘off-site agreement’’ means the

9 agreement on the restructuring of the Army National

10 Guard and the Army Reserve.

11 Ω190æSEC. 8130. No funds appropriated under this

12 Act may be obligated or expended for the purpose of estab13 lishing the Antler Military Operations Area, Pennsylvania,

14 for the purpose of conducting aerial combat training oper15 ations until Region III of the Environmental Protection

16 Agency has completed its currently ongoing Environmental

17 Impact Review.

18 Ω191æSEC. 8131. (a) No project for the construction

19 of any facility, or improvement to any facility, having an

20 estimated Federal cost in excess of $300,000, may be under21 taken in any fiscal year unless specifically identified as a

22 separate item in the President’s annual fiscal year budget

23 request or otherwise specifically authorized and appro24 priated if such facility or improvement would be used pri25 marily by personnel of the intelligence community.
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1 (b) As used in this section, the term ‘‘intelligence com2 munity’’ has the same meaning given that term in section

3 3(4) of the National Security Act of 1947 (50 U.S.C.

4 401a(4)).

5 Ω192æSEC. 8132. Of the funds made available by this

6 Act for the National Reconnaissance Office under the classi7 fied Schedule of Appropriations accompanying this Act,

8 funds allocated for construction of the headquarters build9 ings of the National Reconnaissance Office which were un10 obligated as of the date of enactment of this Act may not

11 be obligated or expended until the Director of Central Intel12 ligence and the Secretary of Defense have completed a re13 view of that construction project and the results of such re14 view have been disclosed to the Select Committee on Intel15 ligence of the Senate and the Permanent Select Committee

16 on Intelligence of the House of Representatives, and the

17 Committee on Appropriations of the Senate and the Com18 mittee on Appropriations of the House of Representatives.

19 Ω193æSEC. 8133. Notwithstanding any other provi20 sion of law, the Secretary of the Navy shall obligate, within

21 thirty days of this Act becoming law, not less than

22 $29,750,000 from the funds appropriated in this Act or pre23 vious Acts under the heading ‘‘Aircraft Procurement,

24 Navy’’, solely to procure, on an urgent basis, AN/USH–42

25 mission recorders modified for use in S–3B aircraft.
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1 Ω194æSEC. 8134. Within 60 days of enactment of this

2 Act, the President, in consultation with NATO, shall submit

3 a report to the Committees on Appropriations of the Senate

4 and House of Representatives defining specific military,

5 economic, and political standards required to gain admis6 sion to NATO: Provided, That such report shall not be lim7 ited to the principles enunciated in the Partnership for

8 Peace: Provided further, That such report shall include an

9 assessment of measures which would be necessary to guaran10 tee the armed services of Poland, Hungary, the Czech Re11 public, Slovakia, Lithuania, Latvia and Estonia are capa12 ble of military cooperation and interoperability with NATO

13 and fulfilling other member responsibilities.

14 Ω195æRESTRICTION ON FUNDING UNITED STATES

15 MILITARY PERSONNEL IN SOMALIA

16 SEC. 8135. None of the funds appropriated by this Act

17 may be used for the continuous presence in Somalia of

18 United States military personnel after September 30, 1994.

19 Ω196æSEC. 8136. SENATE ADVICE AND CONSENT TO

20 CHANGES IN OBLIGATIONS UNDER THE CFE

21 TREATY.

22 (a) FINDINGS.—

23 (1) On November 25, 1991, the Senate gave its

24 advice and consent to ratification of the CFE Treaty.
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1 (2) The President would need to seek the Senate’s

2 advice and consent to any change in obligation of the

3 States parties under the CFE Treaty, unless such

4 change were a minor matter of an administrative or

5 technical nature.

6 (3) A change in the allowed holdings of treaty

7 limited equipment in the area of application or any

8 geographic sub-zone of the area of application would

9 constitute a change in obligation for which the Sen10 ate’s advice and consent would be required.

11 (b) REAFFIRMATION OF SENATE’S TREATY-MAKING

12 POWERS.—The President shall submit for the Senate’s ad13 vice and consent any change in the obligations of any State

14 party under the CFE Treaty, unless such change is a minor

15 matter of an administrative or technical nature.

16 (c) CFE TREATY DEFINED.—For the purpose of this

17 section, the CFE Treaty means the Treaty on Conventional

18 Armed Forces in Europe, signed in Paris on November 19,

19 1990, and associated protocols.

20 Ω197æSEC. 8137. (a)(1) The Secretary of Defense shall

21 develop a plan for establishing and implementing a require22 ment for disbursing officials of the Department of Defense

23 to match disbursements to particular obligations before

24 making the disbursements. The Secretary shall transmit the

25 plan to Congress not later than March 1, 1995.
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1 (2) The Inspector General of the Department of Defense

2 shall review the plan and submit the Inspector General’s

3 independent assessment of the plan to the congressional de4 fense committees.

5 (b)(1) Not later than July 1, 1995, the Secretary of

6 Defense shall require that each disbursement by the Depart7 ment of Defense in an amount in excess of $5,000,000 be

8 matched to a particular obligation before the disbursement

9 is made.

10 (2) Not later than October 1, 1995, the Secretary of

11 Defense shall require that each disbursement by the Depart12 ment of Defense in an amount in excess of $1,000,000 be

13 matched to a particular obligation before the disbursement

14 is made.

15 (c) The Secretary shall ensure that a disbursement in

16 excess of the threshold amount applicable under subsection

17 (b) is not divided into multiple disbursements of less than

18 that amount for the purpose of avoiding the applicability

19 of such subsection to that disbursement.

20 (d) The Secretary of Defense may waive a requirement

21 for advance matching of a disbursement of the Department

22 of Defense with a particular obligation in the case of (1)

23 a disbursement involving deployed forces, (2) a disburse24 ment for an operation in a war declared by Congress or

25 a national emergency declared by the President or Congress,
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1 or (3) a disbursement under any other circumstances for

2 which the waiver is necessary in the national security inter3 ests of the United States, as determined by the Secretary

4 and certified by the Secretary to the congressional defense

5 committees.

6 (e) This section shall not be construed to limit the au7 thority of the Secretary of Defense to require that a dis8 bursement not in excess of the amount applicable under sub9 section (b) be matched to a particular obligation before the

10 disbursement is made.

11 Ω198æSEC. 8138. SENSE OF CONGRESS ON NEGOTIATION OF

12 LIMITATIONS ON NUCLEAR WEAPONS TEST13 ING.

14 (a) FINDINGS.—Congress finds the following:

15 (1) On January 25, 1994, the United States

16 joined with 37 other nations to begin negotiations for

17 a comprehensive treaty to ban permanently all nu18 clear weapons testing.

19 (2) On March 14, 1994, the President decided to

20 extend the current United States nuclear testing mor21 atorium at least through September 1995.

22 (3) Germany and the Group of 21 Non-Aligned

23 States have publicly stated their support for the com24 pletion of a comprehensive nuclear test ban treaty by

25 1995.
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1 (4) On June 6, 1994, the People’s Republic of

2 China conducted its second nuclear weapons test ex3 plosion since the United States, Russia, and France

4 initiated their current nuclear test moratoria.

5 (5) On September 7, 1994, the third and final

6 test ban negotiating session of the year will end.

7 (6) While some progress toward a comprehensive

8 nuclear test ban treaty has been achieved, there is lit9 tle chance that an agreement will be reached before

10 April 1995 at the current rate of negotiation.

11 (7) The United States is seeking to extend indefi12 nitely the Non-Proliferation Treaty at the April 1995

13 Extension Conference.

14 (8) Conclusion of a comprehensive nuclear test

15 ban treaty could contribute toward successful negotia16 tions to extend the Non-Proliferation Treaty.

17 (9) Agreements to eliminate nuclear testing and

18 control the spread of nuclear weapons could contrib19 ute to national security of the United States, its al20 lies, and other nations around the world.

21 (b) SENSE OF CONGRESS.—The Congress—

22 (1) applauds the President for maintaining the

23 United States nuclear testing moratorium and for

24 supporting the negotiation of a comprehensive nuclear

25 test ban treaty;
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1 (2) encourages the People’s Republic of China

2 and all other nuclear powers to refrain from conduct3 ing nuclear explosions prior to conclusion of a com4 prehensive nuclear test ban treaty; and

5 (3) urges the President and the other nuclear

6 powers to take measures necessary to achieve a multi7 lateral comprehensive nuclear test ban treaty before

8 the Non-Proliferation Treaty Extension Conference.

9 (c) DEFINITION.—As used in this section, the term

10 ‘‘Non-Proliferation Treaty’’ means the Treaty on the Non11 Proliferation of Nuclear Weapons, done at Washington,

12 London, and Moscow on July 1, 1968 (21 U.S.T. 483).

13 Ω199æSEC. 8139. (a) Notwithstanding any other pro14 vision of law, the Secretary of a military department may

15 enter into a contract for use of commercial or proprietary

16 credit card services for augmenting or replacing any in17 house account receivable system in use by a

18 nonappropriated fund instrumentality under the jurisdic19 tion of that Secretary if the Secretary determines that such

20 contract is in the best interest of that department.

21 (b) No official of the Department of Defense outside

22 a military department may, by regulation or otherwise,

23 limit or control the exercise of authority under this section

24 by the Secretary of that military department.
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1 Ω200æSEC. 8140. (a) PROHIBITION.—No funds appro2 priated under this Act may be made available to the Demo3 cratic People’s Republic of Korea until the President cer4 tifies and reports to Congress that the Democratic People’s

5 Republic of Korea—

6 (1) does not possess nuclear weapons;

7 (2) has halted its nuclear weapons program; and

8 (3) is not exporting weapons-grade plutonium.

9 (b) NATIONAL SECURITY WAIVER.—The President

10 may waive the prohibition in this section if he determines

11 and certifies in writing to the Congress that to do so is

12 vital to the national security interest of the United States,

13 and notifies the appropriate committees of Congress 15 days

14 in advance in accordance with the regular notification pro15 cedures of such committees. Such notification shall include

16 the nature, purpose and amount of any proposed assistance.

17 Ω201æSEC. 8141. Notwithstanding any other provi18 sion of law, within the funds made availability by this Act,

19 the Department of Defense shall pay the appropriate

20 amount of Aviation Continuation Pay authorized by 37

21 U.S.C. Sec. 301(b) to the survivors of persons who have

22 signed reenlistment contracts on or after January 1, 1994,

23 but whose service connected death predates the effective date

24 of such reenlistment contract by less than 14 days.
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1 Ω202æSEC. 8142. It is the sense of the Senate that not

2 later than 90 days after the enactment of this Act, the De3 partment of Defense shall submit all documents pertaining

4 to any and all Department of Defense chemical and biologi5 cal warfare tests involving the use of zinc cadmium sulfide

6 conducted anywhere in the United States.

7 Ω203æSEC. 8143. None of the funds made available

8 under this Act may be obligated or expended for the reloca9 tion or reduction of the functions specified in the 1991 and

10 1993 Reports to the President of the Defense Base Closure

11 and Realignment Commission to be maintained at Fort

12 Chaffee, Arkansas, including all civilian management, sup13 port personnel and operations associated with these func14 tions that were in existence as of September 30, 1994.

15 Ω204æSEC. 8144. (a) None of the funds available to

16 the Department of Defense during fiscal year 1995 may be

17 used for negotiating or entering into any agreement with,

18 nor for accepting funds from, a foreign government or an

19 entity controlled by a foreign government for a joint pro20 gram for the development of an advanced threat radar

21 jammer for combat helicopters until 30 days after the Sec22 retary of Defense, in consultation with the Secretary of

23 State, the Secretary of the Army, and the Director of the

24 Defense Security Assistance Agency, conducts a comprehen-
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1 sive review of the program and submits a report on the re2 sults of that review to the congressional defense committees.

3 (b) This section does not apply with respect to a major

4 ally of the United States.

5 (c) In this section:

6 (1) The term ‘‘entity controlled by a foreign gov7 ernment’’ includes—

8 (A) any domestic or foreign organization or

9 corporation that is effectively owned or con10 trolled by a foreign government; and

11 (B) any individual acting on behalf of a

12 foreign government,

13 as determined by the Secretary of Defense. Such term

14 does not include an organization or corporation that

15 is owned, but is not controlled, either directly or indi16 rectly, by a foreign government if the ownership of

17 that organization or corporation by that foreign gov18 ernment was effective before October 23, 1992.

19 (2) The term ‘‘major ally of the United States’’

20 has the meaning given such term in section

21 2350a(i)(2) of title 10, United States Code.

22 Ω205æSEC. 8145. SENSE OF THE SENATE CONCERNING

23 LOWRY AFB.

24 It is the sense of the Senate that—
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1 (1) in issuing any lease, permit or deed of con2 veyance for use to assist the homeless under the Stew3 art B. McKinney Homeless Assistance Act concerning

4 Lowry Air Force Base, Colorado, the Secretary of

5 Health and Human Services, representatives of the

6 city of Denver, Colorado, representatives of the city of

7 Aurora, Colorado and representatives of homeless pro8 viders whose applications have been approved by the

9 Secretary of Health and Human Services should

10 jointly determine that such use is reasonable under

11 the redevelopment plan for Lowry Air Force Base,

12 Colorado; and

13 (2) the Department of Defense and the Depart14 ment of Health and Human Services, in coordination

15 with the appropriate committees of Congress and ap16 propriate State and local authorities, should develop

17 a reform proposal to address the many difficulties

18 created for local communities by existing laws relat19 ing to the loan, lease or conveyance for use of govern20 ment property during the base closure process.

21 Ω206æSEC. 8146. (a) None of the funds appropriated

22 in this Act for a second low rate initial production (LRIP)

23 contract or contract option for the Hunter unmanned aerial

24 vehicle (UAV) system may be obligated until the Depart-
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1 ment of Defense certifies to the congressional defense com2 mittees that—

3 (1) two Hunter UAV systems have been accepted

4 by the Government using the currently defined Ac5 ceptance Test Procedure;

6 (2) the operational tempo (OPTEMPO) phase of

7 the risk reduction program has been successfully com8 pleted; and

9 (3) the flight test portion of the first article test

10 (FAT) has been successfully completed.

11 (b) None of the funds appropriated in this Act may

12 be obligated to procure more than four Hunter UAV systems

13 until the Logistics Support Analysis (LSA) report has been

14 submitted to the relevant committees of Congress and the

15 Department of Defense has certified to these committees that

16 the LSA is sufficient to fully support fielding of the Hunter

17 UAV.

18 Ω207æSEC. 8147. It is the sense of the Senate that of

19 the funds appropriated by title VIII of Public Law 102–

20 396 (106 Stat. 1899) for defense reinvestment for economic

21 growth, the unobligated balance of the funds made available

22 by such title for military service members occupational con23 version and training shall remain available until Septem24 ber 30, 1995.
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1 Ω208æSEC. 8148. (a) Sense of the Senate concerning

2 Japan fulfilling its commitments under the Host Nation

3 Support Agreement it signed with the United States on

4 January 14, 1991:

5 (b) The Senate finds—

6 (1) That, the United States-Japan Security

7 Treaty continues to be a strong bond between our two

8 countries, serving as a main pillar of the bilateral re9 lationship;

10 (2) That, the bilateral relationship is of vital im11 portance to both countries and to the stability of the

12 Asia Pacific region and the entire world;

13 (3) That, Japan’s willingness to share the costs

14 of maintaining forces in Japan is an important con15 tribution to strengthening our security partnership;

16 (4) That, it has often been asserted that Japan’s

17 host nation support for American forces provides a

18 model defense burden-sharing arrangement for our al19 lies;

20 (5) That, Japan and the United States signed a

21 new Host Nation Support Agreement on January 14,

22 1991, providing for Japan to assume—over five years

23 beginning in Japanese Fiscal Year 1991 and ending

24 in fiscal year 1995—virtually all yen-based costs of

25 maintaining United States forces in Japan;
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1 (6) That, Japan voluntarily entered into that

2 agreement more than a year before the expiration of

3 the previous Host Nation Support Agreement which

4 was not as generous;

5 (7) That, the Government of Japan hailed the

6 new agreement as ‘‘a step of great significance for the

7 overall relationship between the two countries’’;

8 (8) That, Japan’s Defense Agency appears to

9 have decided to decrease expenses for bearing the cost

10 of stationing United States forces in Japan in its fis11 cal year 1995 budget request, thereby failing to fulfill

12 its obligations under the 1991 Host Nation Support

13 Agreement;

14 (9) That, should Japan fail to fulfill those obli15 gations, the bilateral relationship may suffer negative

16 consequences, particularly as current problems on the

17 Korean peninsula pose a critical challenge to United

18 States-Japan security ties: Now, therefore

19 (c) It is the sense of the Senate that—

20 (1) It is in the interest of both Japan and the

21 United States to fully comply with all the provisions

22 of the Host Nation Support Agreement of 1991; and

23 (2) Should either nation wish to depart from

24 fully complying with all the provisions of that agree-
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1 ment, it should engage in close consultations with its

2 counterpart before taking any action.

3 Ω209æSEC. 8149. None of the funds appropriated in

4 this Act may be transferred to or obligated from the Penta5 gon Reservation Maintenance Revolving Fund, unless the

6 Secretary of Defense certifies that the total cost for the plan7 ning design, construction and installation of equipment for

8 the renovation of the Pentagon Reservation will not exceed

9 $1,218,000,000.

10 Ω210æSEC. 8150. BOSNIA AND HERCEGOVINA.

11 (a) PURPOSE.—To express the sense of Congress con12 cerning the international efforts to end the conflict in

13 Bosnia and Hercegovina, and to establish a process to end

14 the arms embargo on the Government of Bosnia and

15 Hercegovina.

16 (b) STATEMENT OF SUPPORT.—The Congress supports

17 the efforts of the so-called ‘‘contact group’’ composed of rep18 resentatives of the United States, Russia, France, Britain,

19 and Germany to bring about a peaceful settlement of the

20 conflict in Bosnia and Hercegovina based upon the con21 tact’s group proposal of July 6, 1994 that has been agreed

22 to by the Government of Bosnia and Hercegovina and re23 jected by the Bosnian Serb faction.

24 (c) SENSE OF THE CONGRESS.—It is the sense of the

25 Congress that:
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1 (1) The United States should work with the

2 NATO Member nations and other permanent Members

3 of the United Nations Security Council to bring about

4 a peaceful settlement of the conflict in Bosnia and

5 Hercegovina which maintains the territorial integrity

6 of Bosnia and Hercegovina.

7 (2) A peaceful settlement of the conflict must pre8 serve an economically, politically and militarily via9 ble Bosnian state capable of exercising its rights

10 under the United Nations Charter as part of a peace11 ful settlement, including the lifting of the arms em12 bargo on the Government of Bosnia and Hercegovina

13 so that it can exercise the inherent right of a sov14 ereign state to self-defense.

15 (3) The acceptance of the contact group’s peace

16 proposal by the Government of Bosnia and

17 Hercegovina should lead to the lifting of the inter18 national arms embargo on that Government.

19 (4) In providing weapons to the Bosnian Gov20 ernment or taking other actions, care should be taken

21 to provide for the safety of the United Nations Protec22 tion Force (UNPROFOR) and the civilian personnel

23 working for the United Nations or non-governmental

24 volunteer organizations.
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1 (5) The United States should immediately seek to

2 organize an international effort to provide assistance

3 to the nations bordering Serbia and Montenegro to

4 bring about more effective enforcement by those na5 tions of the international economic sanctions on the

6 Government of Serbia and Montenegro.

7 (d) POLICY.—The United States should exercise leader8 ship within the international community to cause the

9 Bosnian Serb faction to accept the contact’s group’s pro10 posal. Such action should be taken on separate but com11 plimentary international and unilateral tracks. Accord12 ingly:

13 (1) International: If the Bosnian Serbs have not

14 accepted the contact group’s proposal of July 6, 1994

15 within 10 days after the enactment of this Act or by

16 October 15, 1994, whichever is later, the President or

17 his representative should formally introduce and sup18 port a resolution in the United Nations Security

19 Council, within fourteen days thereafter, to terminate

20 the international arms embargo on the Government of

21 Bosnia and Hercegovina. The termination of the

22 arms embargo on the Government of Bosnia and

23 Hercegovina may be accomplished in stages but

24 should result in a lifting of the arms embargo no later

25 than December 1, 1994.
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1 (2) Unilateral: If the United Nations Security

2 Council has not voted to lift the international arms

3 embargo on the Government of Bosnia and

4 Hercegovina in accordance with paragraph (1) with5 in 15 days after the President or his representative

6 has formally introduced such a resolution or by No7 vember 15, 1994, whichever is earlier, and the

8 Bosnian Serbs have not accepted the contact group’s

9 proposal of July 6, 1994 by that date:

10 (A) None of the funds available to the De11 partment of Defense for any fiscal year shall

12 thereafter be used for the purpose of participa13 tion in, support for, or assistance to the enforce14 ment of the arms embargo on the Government of

15 Bosnia and Hercegovina but the President may

16 waive this provision in the case of United States

17 military personnel serving in NATO head18 quarters staff positions. Nothing in this provi19 sion is intended to impede sanctions enforcement

20 against Serbia;

21 (B) The President shall submit a plan to

22 and consult with the Congress on the manner in

23 which the Armed Forces of the United States and

24 other friendly nations would provide training to

25 the armed forces of the Government of Bosnia
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1 and Hercegovina outside of the territory of

2 Bosnia and Hercegovina; and

3 (C) The President shall submit a plan to

4 and consult with the Congress regarding unilat5 eral lifting by the United States of the arms em6 bargo on the Government of Bosnia and

7 Hercegovina.

8 (3) Interim: If the Bosnian Serb faction attacks

9 the United Nations declared safe areas, the President

10 or his representative should promptly introduce and

11 support a resolution in the United Nations Security

12 Council that authorizes a selective lifting of the arms

13 embargo on the Government of Bosnia and

14 Hercegovina to provide defensive weapons, such as

15 anti-tank weapons, counter-battery radars, and mor16 tars, to enable the forces of the Government of Bosnia

17 and Hercegovina to defend the safe areas.

18 Ω211æSEC. 8151. TERMINATION OF ARMS EMBAR19 GO.—

20 (1) TERMINATION.—The President shall termi21 nate the United States arms embargo of the Govern22 ment of Bosnia and Herzegovina no later than No23 vember 15, 1994 so that government may exercise its

24 right of self-defense under Article 51 of the United

25 Nations Charter.
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1 (2) DEFINITION.—As used in this section, the

2 term ‘‘United States arms embargo of the Government

3 of Bosnia and Herzegovina’’ means the application to

4 the Government of Bosnia and Herzegovina of—

5 (A) the policy adopted July 10, 1991, and

6 published in the Federal Register of July 19,

7 1991 (58 F.R. 33322) under the heading ‘‘Sus8 pension of Munitions Export Licenses to Yugo9 slavia’’; and

10 (B) any similar policy being applied by the

11 United States Government as of the date of re12 ceipt of the request described in paragraph (1)

13 pursuant to request described in paragraph (1)

14 pursuant to which approval is denied for trans15 fers of defense articles and defense services to the

16 former Yugoslavia.

17 (3) RULE OF CONSTRUCTION.—Nothing in this

18 section shall be interpreted as authorization for de19 ployment of United States forces in the territory of

20 Bosnia and Herzegovina for any purpose, including

21 training, support, or delivery of military equipment.

22 Ω212æSEC. 8152. (a) Of the funds appropriated under

23 the heading ‘‘Research, Development, Test and Evaluation,

24 Navy’’ in title IV of this Act, $3,900,000 shall be made
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1 available only for the Joint Primary Aircraft Training

2 System (JPATS) program.

3 (b) Of the funds appropriated under the heading ‘‘Re4 search, Development, Test and Evaluation, Air Force’’ in

5 title IV of this Act, $37,057,000 shall be made available

6 only for the JPATS program.

7 (c) Of the funds appropriated under the heading ‘‘Air8 craft Procurement, Air Force’’ in title III of this Act,

9 $78,265,000 shall be made available only for the JPATS

10 program.

11 Ω213æSEC. 8153. No funds appropriated by this Act

12 may be obligated or expended during fiscal year 1995 for

13 retiring, or preparing to retire, any B–52H, B–1B, or F–

14 111 bomber aircraft.

15 Ω214æThis Act may be cited as the ‘‘Department of

16 Defense Appropriations Act, 1995’’.

17 Titles I through VIII of this Act may be cited as the

18 ‘‘Department of Defense Appropriations Act, 1995’’.

19 TITLE IX—FISCAL YEAR 1994 SUPPLEMENTAL

20 APPROPRIATION

21 The following sum is appropriated, out of any money

22 in the Treasury not otherwise appropriated, for the fiscal

23 year ending September 30, 1994, namely:
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1 DEPARTMENT OF DEFENSE

2 MANAGEMENT FUNDS

3 EMERGENCY RESPONSE FUND

4 For the ‘‘Emergency Response Fund’’, $170,000,000:

5 Provided, That these funds may be used to reimburse appro6 priations of the Department of Defense for costs incurred

7 for emergency relief for Rwanda: Provided further, That the

8 Secretary of State shall provide a report to the Congress

9 no later than September 1, 1994, as to the burden-sharing

10 arrangements in the Rwanda relief operation that have been

11 negotiated and implemented with other nations, and inter12 national public and private organizations, as to both cost

13 and personnel participation, including armed forces par14 ticipation: Provided further, That the Secretary of Defense

15 shall provide assessments to the Congress no later than Sep16 tember 1, 1994, of (1) any threats to the security of United

17 States personnel, including armed forces personnel, in the

18 Rwanda relief operation, and (2) the extent to which the

19 UNAMIR peacekeeping operation has established a security

20 system within the country of Rwanda: Provided further,

21 That any change in the mission from one of strict refugee

22 relief to security, peace-enforcing, nation-building or any

23 other substantive role, shall not be implemented without the

24 further approval of the Congress: Provided further, That

25 United States armed forces shall not participate in relief
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1 operations inside Rwanda until and unless the President

2 has certified to the Congress that the security situation in

3 the countryside has stabilized to the extent that United

4 States forces will not play a peacekeeping or peace-enforc5 ing role between the warring factions inside Rwanda: Pro6 vided further, That no funds are available for United States

7 participation in operations in or around Rwanda after Oc8 tober 7, 1994: Provided further, That the President shall

9 provide a plan to the Congress by September 15, 1994, as

10 to how he will terminate United States involvement in the

11 Rwanda operation by October 7, 1994, unless an extension

12 of time is approved by the Congress, and what arrange13 ments have been made for other nations and international

14 public and private organizations to replace United States

15 resources and personnel.

16 Ω215æTITLE X—MEGAN KANKA SEXUALLY

17 VIOLENT PREDATORS ACT

18 SEC. 1001. SHORT TITLE.

19 This title may be cited as the ‘‘Megan Kanka Sexually

20 Violent Predators Act’’.

21 SEC. 1002. FINDINGS.

22 Congress finds that—

23 (1) there exists a small but extremely dangerous

24 group of sexually violent persons who do not have a

25 mental disease or defect;
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1 (2) persons who are sexually violent predators

2 generally have antisocial personality features that—

3 (A) are not amenable to mental illness

4 treatment modalities in existence on the date of

5 enactment of this Act; and

6 (B) render the persons likely to engage in

7 sexually violent behavior;

8 (3) the likelihood that sexually violent predators

9 will repeat acts of predatory sexual violence is high;

10 and

11 (4) the prognosis for curing sexually violent

12 predators is poor and the treatment needs of the pop13 ulation of the predators are very long-term.

14 SEC. 1003. DEFINITIONS.

15 As used in this title:

16 (1) MENTAL ABNORMALITY.—The term ‘‘mental

17 abnormality’’ means a congenital or acquired condi18 tion of a person that affects the emotional or voli19 tional capacity of the person in a manner that pre20 disposes the person to the commission of criminal sex21 ual acts to a degree that makes the person a menace

22 to the health and safety of other persons.

23 (2) PREDATORY.—The term ‘‘predatory’’, with

24 respect to an act, means an act directed towards a

25 stranger, or a person with whom a relationship has
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1 been established or promoted, for the primary purpose

2 of victimization.

3 (3) SEXUALLY VIOLENT OFFENSE.—The term

4 ‘‘sexually violent offense’’ means an act that is a vio5 lation of title 18, United States Code or State crimi6 nal code that—

7 (A) involves the use or attempted or threat8 ened use of physical force against the person or

9 property of another person; and

10 (B) is determined beyond a reasonable

11 doubt to be sexually motivated.

12 (4) SEXUALLY VIOLENT PREDATOR.—The term

13 ‘‘sexually violent predator’’ means a person who has

14 been convicted of a sexually violent offense and who

15 suffers from a mental abnormality or personality dis16 order that makes the person likely to engage in preda17 tory sexually violent offenses.

18 SEC. 1004. ESTABLISHMENT OF PROGRAM.

19 (a) IN GENERAL.—

20 (1) STATE GUIDELINES.—In accordance with

21 this section, the Attorney General shall establish

22 guidelines for State programs to require a sexually

23 violent predator to register a current address with a

24 designated State law enforcement agency upon release

25 from prison, being placed on parole, or being placed
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1 on supervised release. The Attorney General shall ap2 prove each State program that complies with the

3 guidelines.

4 (2) STATE COMPLIANCE.—

5 (A) IMPLEMENTATION DATE.—A State that

6 does not implement a program described in

7 paragraph (1) by the date that is 3 years after

8 the date of enactment of this Act, and maintain

9 the implementation thereafter, shall be ineligible

10 for funds in accordance with subparagraph (B).

11 (B) INELIGIBILITY FOR FUNDS.—

12 (i) IN GENERAL.—A State that does

13 not implement the program as described in

14 subparagraph (A) shall not receive 10 per15 cent of the funds that would otherwise be al16 located to the State under section 506 of the

17 Omnibus Crime Control and Safe Streets

18 Act of 1968 (42 U.S.C. 3756).

19 (ii) REALLOCATION OF FUNDS.—Funds

20 made available under clause (i) shall be re21 allocated, in accordance with such section,

22 to such States as implement the program as

23 described in subparagraph (A).

24 (b) REGISTRATION REQUIREMENT UPON RELEASE,

25 PAROLE, OR SUPERVISED RELEASE.—
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1 (1) IN GENERAL.—An approved State program

2 established in accordance with this section shall con3 tain the requirements described in this section.

4 (2) DETERMINATION.—The determination that a

5 person is a ‘‘sexually violent predator’’ and the deter6 mination that a person is no longer a ‘‘sexually vio7 lent predator’’ shall be made by the sentencing court

8 after receiving a report by a board of experts on sex9 ual offenses. Each State shall establish a board com10 posed of experts in the field of the behavior and treat11 ment of sexual offenders.

12 (3) NOTIFICATION.—If a person who is required

13 to register under this section is anticipated to be re14 leased from prison, paroled, or placed on supervised

15 release, a State prison officer shall, not later than 90

16 days before the anticipated date of the release or com17 mencement of the parole—

18 (A) inform the person of the duty to reg19 ister;

20 (B) inform the person that if the person

21 changes residence address, the person shall give

22 the new address to a designated State law en23 forcement agency in writing not later than 10

24 days after the change of address;
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1 (C) obtain the name of the person, identify2 ing factors, anticipated future residence, offense

3 history, and documentation of any treatment re4 ceived for the mental abnormality or personality

5 disorder of the person; and

6 (D) require the person to read and sign a

7 form stating that the duty of the person to reg8 ister under this section has been explained.

9 (4) TRANSFER OF INFORMATION TO STATE AND

10 THE FBI.—Not later than 3 days after the receipt of

11 the information described in paragraph (3)(C), the of12 ficer shall forward the information to a designated

13 State law enforcement agency. As soon as practicable

14 after the receipt of the information by the State law

15 enforcement agency, the agency shall—

16 (A) enter the information into the appro17 priate State law enforcement record system and

18 notify the appropriate law enforcement agency

19 that has jurisdiction over the area in which the

20 person expects to reside; and

21 (B) transmit the information to the Identi22 fication Division of the Federal Bureau of Inves23 tigation.

24 (5) QUARTERLY VERIFICATION.—
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1 (A) MAILING TO PERSON.—Not less than

2 every 90 days after the date of the release or

3 commencement of parole of a person required to

4 register under this section, the designated State

5 law enforcement agency shall mail a

6 nonforwardable verification form to the last re7 ported address of the person.

8 (B) RETURN OF VERIFICATION FORM.—

9 (i) IN GENERAL.—The person shall re10 turn, by mail, the verification form to the

11 agency not later than 10 days after the re12 ceipt of the form. The verification form

13 shall be signed by the person, and shall

14 state that the person continues to reside at

15 the address last reported to the designated

16 State law enforcement agency.

17 (ii) FAILURE TO RETURN.—If the per18 son fails to mail the verification form to the

19 designated State law enforcement agency by

20 the date that is 10 days after the receipt of

21 the form by the person, the person shall be

22 in violation of this section unless the person

23 proves that the person has not changed the

24 residence address of the person.
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1 (6) NOTIFICATION OF LOCAL LAW ENFORCEMENT

2 AGENCIES OF CHANGES IN ADDRESSES.—Any change

3 of address by a person required to register under this

4 section that is reported to the designated State law

5 enforcement agency shall as soon as practicable be re6 ported to the appropriate law enforcement agency

7 that has jurisdiction over the area in which the per8 son is residing.

9 (7) PENALTY.—A person required to register

10 under a State program established pursuant to this

11 section who knowingly fails to register and keep the

12 registration current shall be subject to criminal pen13 alties in the State. It is the sense of Congress that the

14 penalties should include imprisonment for not less

15 than 180 days.

16 (8) TERMINATION OF OBLIGATION TO REG17 ISTER.—The obligation of a person to register under

18 this section shall terminate on a determination made

19 in accordance with the provision of paragraph (2) of

20 this section that the person no longer suffers from a

21 mental abnormality or personality disorder that

22 would make the person likely to engage in a preda23 tory sexually violent offense.

24 (c) COMMUNITY NOTIFICATION.—The designated State

25 law enforcement agency shall release relevant information
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1 that is necessary to protect the public concerning a specific

2 sexually violent predator required to register under this sec3 tion.

4 (d) IMMUNITY FOR GOOD FAITH CONDUCT.—Law en5 forcement agencies, employees of law enforcement agencies,

6 and State officials shall be immune from liability for any

7 good faith conduct under this section.

Passed the House of Representatives June 29, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate August 11, 1994.

Attest: MARTHA S. POPE,

Secretary.

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