103D CONGRESS

1ST SESSION H. R. 3116

AN ACT

Making appropriations for the Department of De1994, and for other purposes. fense for the fiscal year ending September 30,
103D CONGRESS

1ST SESSION H. R. 3116

AN ACT

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 1994, 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, 1994, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:
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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, interest on

5 deposits, gratuities, permanent change of station travel

6 (including all expenses thereof for organizational move7 ments), and expenses of temporary duty travel between

8 permanent duty stations, for members of the Army on ac9 tive duty (except members of reserve components provided

10 for elsewhere), cadets, and aviation cadets; and for pay11 ments pursuant to section 156 of Public Law 97–377, as

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

13 Social Security Act (42 U.S.C. 429(b)), and to the De14 partment of Defense Military Retirement Fund;

15 $21,571,207,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

19 (including all expenses thereof for organizational move20 ments), and expenses of temporary duty travel between

21 permanent duty stations, for members of the Navy on ac22 tive duty (except members of the Reserve provided for

23 elsewhere), midshipmen, and aviation cadets; and for pay24 ments pursuant to section 156 of Public Law 97–377, as

25 amended (42 U.S.C. 402 note), to section 229(b) of the
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1 Social Security Act (42 U.S.C. 429(b)), and to the De2 partment of Defense Military Retirement Fund;

3 $18,633,383,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, interest on

6 deposits, gratuities, permanent change of station travel

7 (including all expenses thereof for organizational move8 ments), and expenses of temporary duty travel between

9 permanent duty stations, for members of the Marine

10 Corps on active duty (except members of the Reserve pro11 vided for elsewhere); and for payments pursuant to section

12 156 of Public Law 97–377, as amended (42 U.S.C. 402

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

14 U.S.C. 429(b)), and to the Department of Defense Mili15 tary Retirement Fund; $5,763,117,000.

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

19 (including all expenses thereof for organizational move20 ments), and expenses of temporary duty travel between

21 permanent duty stations, for members of the Air Force

22 on active duty (except members of reserve components

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

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

25 377, as amended (42 U.S.C. 402 note), to section 229(b)
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1 of the Social Security Act (42 U.S.C. 429(b)), and to the

2 Department of Defense Military Retirement Fund;

3 $15,916,937,000.

4 RESERVE PERSONNEL, ARMY

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

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 265, 3021, and 3038

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

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

10 in connection with performing duty specified in section

11 678(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty or other duty, and for members of the Reserve

14 Officers’ Training Corps, and expenses authorized by sec15 tion 2131 of title 10, United States Code, as authorized

16 by law; and for payments to the Department of Defense

17 Military Retirement Fund; $2,143,272,000.

18 RESERVE PERSONNEL, NAVY

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

20 travel, and related expenses for personnel of the Navy Re21 serve on active duty under section 265 of title 10, United

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

23 672(d) of title 10, United States Code, in connection with

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

25 United States Code, or while undergoing reserve training,
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1 or while performing drills or equivalent duty, and for

2 members of the Reserve Officers’ Training Corps, and ex3 penses authorized by section 2131 of title 10, United

4 States Code, as authorized by law; and for payments to

5 the Department of Defense Military Retirement Fund;

6 $1,565,838,000.

7 RESERVE PERSONNEL, MARINE CORPS

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

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 265 of title

11 10, United States Code, or while serving on active duty

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

13 connection with performing duty specified in section

14 678(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or equiv16 alent duty, and for members of the Marine Corps platoon

17 leaders class, and expenses authorized by section 2131 of

18 title 10, United States Code, as authorized by law; and

19 for payments to the Department of Defense Military Re20 tirement Fund; $350,490,000.

21 RESERVE PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities,

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

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

25 8038 of title 10, United States Code, or while serving on
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1 active duty under section 672(d) of title 10, United States

2 Code, in connection with performing duty specified in sec3 tion 678(a) of title 10, United States Code, or while un4 dergoing reserve training, or while performing drills or

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

6 Reserve Officers’ Training Corps, and expenses authorized

7 by section 2131 of title 10, United States Code, as author8 ized by law; and for payments to the Department of De9 fense Military Retirement Fund; $783,158,000.

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities,

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 265, 3021, or

14 3496 of title 10 or section 708 of title 32, United States

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

16 title 10 or section 502(f) of title 32, 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 training, or while performing drills or equivalent

20 duty or other duty, and expenses authorized by section

21 2131 of title 10, United States Code, as authorized by

22 law; and for payments to the Department of Defense Mili23 tary Retirement Fund; $3,334,183,000.
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 265, 8021, or 8496

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

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

7 or section 502(f) of title 32, United States Code, in con8 nection with performing duty specified in section 678(a)

9 of title 10, United States Code, or while undergoing train10 ing, or while performing drills or equivalent duty or other

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

12 United States Code, as authorized by law; and for pay13 ments to the Department of Defense Military Retirement

14 Fund; $1,215,935,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $14,437,000 can be used

22 for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of

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

25 of necessity for confidential military purposes;
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1 $15,221,091,000 and, in addition, $880,200,000, to be de2 rived by transfer from the Defense Business Operations

3 Fund and $150,000,000 shall be derived by transfer from

4 the National Defense Stockpile Transaction Fund: Pro5 vided, That $450,000 shall be made available only for the

6 1994 Memorial Day Celebration and $450,000 shall be

7 made available only for the 1994 Capitol Fourth Project.

8 OPERATION AND MAINTENANCE, NAVY

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance of the Navy and the

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

13 $4,667,000 can be used for emergencies and extraordinary

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

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

16 on his certificate of necessity for confidential military pur17 poses; $18,097,782,000 and, in addition $1,092,700,000,

18 to be derived by transfer from the Defense Business Oper19 ations Fund and $150,000,000 shall be derived by trans20 fer from the National Defense Stockpile Transaction

21 Fund: Provided, That $350,000 shall be available only to

22 connect residences located in the vicinity of the Naval Air

23 Warfare Center, Warminster, to the Warminster munici24 pal water supply system.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance of the Marine Corps,

5 as authorized by law; $1,773,889,000 and, in addition,

6 $121,000,000, to be derived by transfer from the Defense

7 Business Operations Fund.

8 OPERATION AND MAINTENANCE, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary

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

12 authorized by law; and not to exceed $8,787,000 can be

13 used for emergencies and extraordinary expenses, to be ex14 pended on the approval or authority of the Secretary of

15 the Air Force, and payments may be made on his certifi16 cate of necessity for confidential military purposes;

17 $18,305,447,000 and, in addition, $941,400,000, to be de18 rived by transfer from the Defense Business Operations

19 Fund and $200,000,000 shall be derived by transfer from

20 the National Defense Stockpile Transaction Fund: Pro21 vided, That $15,500,000 shall only be used to operate,

22 maintain and enhance the Tactical Interim CAMS and

23 REMIS Reporting System (TICARRS–92): Provided fur24 ther, That TICARRS–92 be reestablished, with direct

25 maintenance data input, as the supporting system for at
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1 least one wing each of F–15, F–16, and F–117A aircraft

2 by no later than February 1, 1994: Provided further, That

3 TICARRS–92 be reestablished, with direct maintenance

4 data input, as the supporting system for all F–15, F–16,

5 and F–117A aircraft by no later than April 1, 1994: Pro6 vided further, That none of the funds appropriated or oth7 erwise made available under this Act shall be used to oper8 ate, maintain or otherwise support an automated mainte9 nance management system for F–15, F–16, and F–117A

10 aircraft other than TICARRS–92 after April 1, 1994: Pro11 vided further, That of the funds appropriated under this

12 heading, not more than $9,538,000 shall be available only

13 for a grant to the Women in Military Service For America

14 Memorial Foundation, Inc., to be used solely to perform

15 the repair, restoration, and preservation of the main gate

16 structures, center plaza, and Homicycle of the Arlington

17 National Cemetery. These funds shall be made available

18 solely for project costs and none of the funds are for remu19 neration of any entity or individual associated with fund

20 raising for the project: Provided further, That of the funds

21 appropriated under this heading, $5,000,000 shall be

22 made available only for continued environmental restora23 tion of the former Olmsted Air Force Base, Pennsylvania.
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance of activities and agen4 cies of the Department of Defense (other than the military

5 departments), as authorized by law; $9,487,133,000, of

6 which not to exceed $25,000,000 may be available for the

7 CINC initiative fund account; and of which not to exceed

8 $19,422,000 can be used for emergencies and extraor9 dinary expenses, to be expended on the approval or author10 ity of the Secretary of Defense, and payments may be

11 made on his certificate of necessity for confidential mili12 tary purposes: Provided, That of the funds appropriated

13 by this paragraph, $996,001,000 shall be made available

14 only for the Special Operations Command: Provided fur15 ther, That, of the funds appropriated in this paragraph,

16 $10,000,000 shall be available for activities to support the

17 clearing of landmines for humanitarian purposes: Provided

18 further, That of the funds appropriated in this paragraph,

19 $427,705,000 shall not be obligated or expended until au20 thorized by law.

21 OPERATION AND MAINTENANCE, ARMY RESERVE

22 For expenses, not otherwise provided for, necessary

23 for the operation and maintenance, including training, or24 ganization, and administration, of the Army Reserve; re25 pair of facilities and equipment; hire of passenger motor
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1 vehicles; travel and transportation; care of the dead;

2 recruiting; procurement of services, supplies, and

3 equipment; and communications; $1,115,095,000: Pro4 vided, That of the funds appropriated in this paragraph,

5 $19,505,000 shall not be obligated or expended until au6 thorized by law.

7 OPERATION AND MAINTENANCE, NAVY RESERVE

8 For expenses, not otherwise provided for, necessary

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Navy Reserve; re11 pair of facilities and equipment; hire of passenger motor

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications; $807,200,000: Provided, That

15 operational control of the Naval Reserve Personnel Center,

16 including its functions and responsibilities, shall be under

17 the command and control of the Commander, Naval Re18 serve Command: Provided further, That of the funds ap19 propriated in this paragraph, $31,400,000 shall not be ob20 ligated or expended until authorized by law.

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 RESERVE

23 For expenses, not otherwise provided for, necessary

24 for the operation and maintenance, including training, or25 ganization, and administration, of the Marine Corps Re-
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1 serve; repair of facilities and equipment; hire of passenger

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

3 recruiting; procurement of services, supplies, and equip4 ment; and communications; $86,855,000: Provided, That

5 of the funds appropriated in this paragraph, $11,805,000

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

7 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

8 For expenses, not otherwise provided for, necessary

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Air Force Reserve;

11 repair of facilities and equipment; hire of passenger motor

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications; $1,370,222,000: Provided,

15 That of the funds appropriated in this paragraph,

16 $15,644,000 shall not be obligated or expended until au17 thorized by law.

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and administer21 ing the Army National Guard, including medical and hos22 pital treatment and related expenses in non-Federal hos23 pitals; maintenance, operation, and repairs to structures

24 and facilities; hire of passenger motor vehicles; personnel

25 services in the National Guard Bureau; travel expenses
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1 (other than mileage), as authorized by law for Army per2 sonnel on active duty, for Army National Guard division,

3 regimental, and battalion commanders while inspecting

4 units in compliance with National Guard Bureau regula5 tions when specifically authorized by the Chief, National

6 Guard Bureau; supplying and equipping the Army Na7 tional Guard as authorized by law; and expenses of repair,

8 modification, maintenance, and issue of supplies and

9 equipment (including aircraft); $2,272,018,000: Provided,

10 That of the funds appropriated in this paragraph,

11 $10,000,000 shall be available only for a National Guard

12 Outreach Program in the Los Angeles School District:

13 Provided further, That of the funds appropriated in this

14 paragraph, $48,763,000 shall not be obligated or ex15 pended until authorized by law.

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For operation and maintenance of the Air National

18 Guard, including medical and hospital treatment and re19 lated expenses in non-Federal hospitals; maintenance, op20 eration, repair, and other necessary expenses of facilities

21 for the training and administration of the Air National

22 Guard, including repair of facilities, maintenance, oper23 ation, and modification of aircraft; transportation of

24 things; hire of passenger motor vehicles; supplies, mate25 rials, and equipment, as authorized by law for the Air Na-
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1 tional Guard; and expenses incident to the maintenance

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

3 such as may be furnished from stocks under the control

4 of agencies of the Department of Defense; travel expenses

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

6 law for Air National Guard personnel on active Federal

7 duty, for Air National Guard commanders while inspecting

8 units in compliance with National Guard Bureau regula9 tions when specifically authorized by the Chief, National

10 Guard Bureau; $2,695,233,000: Provided, That of the

11 funds appropriated under this paragraph, $3,000,000

12 shall be made available only for the operation of Air Na13 tional Guard C–130H operational support aircraft of the

14 159th Air National Guard Fighter Group and the 169th

15 Air National Guard Fighter Group: Provided further, That

16 of the funds appropriated in this paragraph, $30,000,000

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

18 NATIONAL BOARD FOR THE PROMOTION OF RIFLE

19 PRACTICE, ARMY

20 For the necessary expenses and personnel services

21 (other than pay and non-travel-related allowances of mem22 bers of the Armed Forces of the United States, except for

23 members of the reserve components thereof called or or24 dered to active duty to provide support for the national

25 matches) in accordance with law, for operation and main-
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1 tenance of rifle ranges; the instruction of citizens in

2 marksmanship; the promotion of rifle practice; the conduct

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

4 authority of title 10, United States Code, sections 4308

5 and 4311; the travel of rifle teams, military personnel, and

6 individuals attending regional, national, and international

7 competitions; and the payment to competitors at national

8 matches under section 4312 of title 10, United States

9 Code, of subsistence and travel allowances under section

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

11 $2,483,000.

12 COURT OF MILITARY APPEALS, DEFENSE

13 For salaries and expenses necessary for the United

14 States Court of Military Appeals; $5,855,000, of which

15 not to exceed $2,500 can be used for official representa16 tion purposes: Provided, That of the funds appropriated

17 in this paragraph, $245,000 shall not be obligated or ex18 pended until authorized by law.

19 ENVIRONMENTAL RESTORATION, DEFENSE

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of Defense; $1,716,800,000, to

22 remain available until transferred: Provided, That the Sec23 retary of Defense shall, upon determining that such funds

24 are required for environmental restoration, reduction and

25 recycling of hazardous waste, research and development
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1 associated with hazardous wastes and removal of unsafe

2 buildings and debris of the Department of Defense, or for

3 similar purposes (including programs and operations at

4 sites formerly used by the Department of Defense), trans5 fer the funds made available by this appropriation to other

6 appropriations made available to the Department of De7 fense as the Secretary may designate, to be merged with

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

9 time period as the appropriations of funds to which trans10 ferred: Provided further, That upon a determination that

11 all or part of the funds transferred from this appropriation

12 are not necessary for the purposes provided herein, such

13 amounts may be transferred back to this appropriation:

14 Provided further, That of the funds provided under this

15 heading, not less than $200,000,000 shall be available

16 only for the expedited cleanup of environmentally contami17 nated sites and only in accordance with a comprehensive

18 plan submitted to Congress by the Secretary of Defense.

19 SUPPORT FOR INTERNATIONAL SPORTING

20 COMPETITIONS, DEFENSE

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses of logistical support (including security

23 planning and services) and personnel services provided by

24 the Department of Defense for the World University

25 Games, the 1996 Games of the XXVI Olympiad, and the
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1 World Cup USA Organizing Committee, (other than pay

2 and nontravel related allowances of members of the Armed

3 Forces of the United States, except for members of the

4 Reserve components thereof called or ordered to active

5 duty to provide support for such international sporting

6 competitions), as authorized by law, provided by any com7 ponent of the Department of Defense to such sporting

8 competitions, $6,000,000, of which not less than

9 $2,000,000 shall be available only for the 1996 Games of

10 the XXVI Olympiad, to remain available until expended:

11 Provided, That unobligated balances of funds appropriated

12 in the Department of Defense Appropriations Act, 1992

13 (Public Law 102–172) under the headings ‘‘World Univer14 sity Games’’ and ‘‘Summer Olympics’’ and unobligated

15 balances of the funds appropriated in the Department of

16 Defense Appropriations Act, 1993, (Public Law 102–396)

17 under the headings ‘‘World University Games’’ and ‘‘Sum18 mer Olympics’’ and ‘‘World Cup USA 1994’’ in title II

19 of that Act shall, notwithstanding section 8003 of Public

20 Law 102–172 and section 9003 of Public Law 102–396,

21 upon the enactment of this Act, be transferred to this ap22 propriation, to be merged with and to be available for the

23 same purposes, and for the same time period, as this ap24 propriation: Provided further, That the funds so trans25 ferred from such Acts under the headings ‘‘Summer Olym-
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1 pics’’ shall be available only for expenses for, or incurred

2 in anticipation of, the support provided, or to be provided,

3 to the 1996 Games of the XXVI Olympiad: Provided fur4 ther, That funds appropriated in this paragraph shall not

5 be obligated or expended until authorized by law.

6 HUMANITARIAN ASSISTANCE

7 For transportation for humanitarian relief for the

8 people of Afghanistan and sub-Saharan Africa, acquisition

9 and shipment of transportation assets to assist in the dis10 tribution of such relief, and for transportation and dis11 tribution of humanitarian relief supplies, and excess non12 lethal property; $15,000,000, to remain available for obli13 gation until September 30, 1995: Provided, That of the

14 funds appropriated in this paragraph, $15,000,000 shall

15 not be obligated or expended until authorized by law.

16 FORMER SOVIET UNION THREAT REDUCTION

17 For assistance to the republics of the former Soviet

18 Union, including assistance provided by contract or by

19 grants, for facilitating the elimination and the safe and

20 secure transportation and storage of nuclear, chemical and

21 other weapons; for providing incentives for demilitariza22 tion; for establishing programs to prevent the proliferation

23 of weapons, weapons components, and weapons-related

24 technology and expertise; for expansion of military-to-mili25 tary contacts; for supporting the conversion of military
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1 technologies and capabilities into civilian activities; and for

2 retraining military personnel of the former Soviet Union;

3 $400,000,000, to remain available until expended.

4 TITLE III

5 PROCUREMENT

6 AIRCRAFT PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of aircraft, 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 interest therein, may be acquired, and

14 construction prosecuted thereon prior to approval of title;

15 and procurement and installation of equipment, appli16 ances, and machine tools in public and private plants; re17 serve plant and Government and contractor-owned equip18 ment layaway; and other expenses necessary for the fore19 going purposes; $1,726,164,000, to remain available for

20 obligation until September 30, 1996: Provided, That of the

21 funds appropriated in this paragraph, $219,627,000 shall

22 not be obligated or expended until authorized by law.

23 MISSILE PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of missiles, equipment, including
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1 ordnance, ground handling equipment, spare parts, and

2 accessories therefor; specialized equipment and training

3 devices; expansion of public and private plants, including

4 the land necessary therefor, for the foregoing purposes,

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

6 and construction prosecuted thereon prior to approval of

7 title; and procurement and installation of equipment, ap8 pliances, and machine tools in public and private plants;

9 reserve plant and Government and contractor-owned

10 equipment layaway; and other expenses necessary for the

11 foregoing purposes; $1,126,110,000, to remain available

12 for obligation until September 30, 1996: Provided, That

13 of the funds appropriated in this paragraph, $41,795,000

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

15 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

16 VEHICLES, ARMY

17 For construction, procurement, production, and

18 modification of weapons and tracked combat vehicles,

19 equipment, including ordnance, spare parts, and acces20 sories therefor; specialized equipment and training devices;

21 expansion of public and private plants, including the land

22 necessary therefor, for the foregoing purposes, and such

23 lands and interests therein, may be acquired, and con24 struction prosecuted thereon prior to approval of title; and

25 procurement and installation of equipment, appliances,
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1 and machine tools in public and private plants; reserve

2 plant and Government and contractor-owned equipment

3 layaway; and other expenses necessary for the foregoing

4 purposes; $892,709,000, to remain available for obligation

5 until September 30, 1996: Provided, That of the funds ap6 propriated in this paragraph, $15,712,000 shall not be ob7 ligated or expended until authorized by law.

8 PROCUREMENT OF AMMUNITION, ARMY

9 (INCLUDING TRANSFER OF FUNDS)

10 For construction, procurement, production, and

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities au14 thorized by section 2854, title 10, United States Code, and

15 the land necessary therefor, for the foregoing purposes,

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

17 and construction prosecuted thereon prior to approval of

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants;

20 reserve plant and Government and contractor-owned

21 equipment layaway; and other expenses necessary for the

22 foregoing purposes; $620,787,000, and, in addition,

23 $100,000,000, to be derived by transfer from the Conven24 tional Ammunition Working Capital Fund of the Depart-
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1 ment of Defense, to remain available for obligation until

2 September 30, 1996.

3 OTHER PROCUREMENT, ARMY

4 For construction, procurement, production, and

5 modification of vehicles, including tactical, support, and

6 nontracked combat vehicles; the purchase of not to exceed

7 16 passenger motor vehicles for replacement only; commu8 nications and electronic equipment; other support equip9 ment; spare parts, ordnance, and accessories therefor; spe10 cialized equipment and training devices; expansion of pub11 lic and private plants, including the land necessary there12 for, for the foregoing purposes, and such lands and inter13 ests therein, may be acquired, and construction prosecuted

14 thereon prior to approval of title; and procurement and

15 installation of equipment, appliances, and machine tools

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway; and other

18 expenses necessary for the foregoing purposes;

19 $2,904,933,000, to remain available for obligation until

20 September 30, 1996.

21 AIRCRAFT PROCUREMENT, NAVY

22 For construction, procurement, production, modifica23 tion, and modernization of aircraft, equipment, including

24 ordnance, spare parts, and accessories therefor; specialized

25 equipment; expansion of public and private plants, includ-
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1 ing the land necessary therefor, and such lands and inter2 ests therein, may be acquired, and construction prosecuted

3 thereon prior to approval of title; and procurement and

4 installation of equipment, appliances, and machine tools

5 in public and private plants; reserve plant and Govern6 ment and contractor-owned equipment layaway;

7 $5,664,216,000, to remain available for obligation until

8 September 30, 1996.

9 WEAPONS PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, torpedoes, other weap12 ons, other ordnance and ammunition, and related support

13 equipment including spare parts, and accessories therefor;

14 expansion of public and private plants, including the land

15 necessary therefor, and such lands and interests therein,

16 may be acquired, and construction prosecuted thereon

17 prior to approval of title; and procurement and installation

18 of equipment, appliances, and machine tools in public and

19 private plants; reserve plant and Government and contrac20 tor-owned equipment layaway; $2,808,986,000, to remain

21 available for obligation until September 30, 1996: Pro22 vided, That of the funds appropriated in this paragraph,

23 $44,162,000 shall not be obligated or expended until au24 thorized by law.
25

HR 3116 EH

1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical,

8 long leadtime components and designs for vessels to be

9 constructed or converted in the future; and expansion of

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired,

12 and construction prosecuted thereon prior to approval of

13 title, as follows:

14 Refueling overhauls, $31,127,000;

15 DDG–51 destroyer program, $2,642,772,000;

16 LHD–1 amphibious assault ship program,

17 $893,848,000;

18 Mine warfare command and control ship,

19 $124,175,000;

20 Oceanographic ship program, $110,049,000:

21 Provided, That pursuant to 10 U.S.C. section

22 2304(c)(5), the last vessel of the T–AGS 60 oceano23 graphic research ship program may be procured as

24 an option to the contract for the construction of the

25 lead ship of the class: Provided further, That none
26

HR 3116 EH

1 of the funds provided in this Act or any other Act

2 may be obligated for T–AGS multibeam sonar sys3 tems prior to review by the Committees on Appro4 priations of a Navy plan detailing compliance with

5 the recommendations of the Comptroller General of

6 the United States set forth in his decision of August

7 19, 1993 (Case B–253129);

8 For craft, outfitting, post delivery, production

9 design support, first destination transportation, and

10 cost growth, $595,131,000;

11 In all: $5,397,102,000, to remain available for obligation

12 until September 30, 1998: Provided, That additional obli13 gations may be incurred after September 30, 1998, for

14 engineering services, tests, evaluations, and other such

15 budgeted work that must be performed in the final stage

16 of ship construction: Provided further, That none of the

17 funds herein provided for the construction or conversion

18 of any naval vessel to be constructed in shipyards in the

19 United States shall be expended in foreign facilities for

20 the construction of major components of such vessel: Pro21 vided further, That none of the funds herein provided shall

22 be used for the construction of any naval vessel in foreign

23 shipyards: Provided further, That of the funds appro24 priated in this paragraph, $1,236,914,000 shall not be ob25 ligated or expended until authorized by law.
27

HR 3116 EH

1 OTHER PROCUREMENT, NAVY

2 For procurement, production, and modernization of

3 support equipment and materials not otherwise provided

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

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

6 of not to exceed 609 passenger motor vehicles for replace7 ment only; expansion of public and private plants, includ8 ing the land necessary therefor, and such lands and inter9 ests therein, may be acquired, and construction prosecuted

10 thereon prior to approval of title; and procurement and

11 installation of equipment, appliances, and machine tools

12 in public and private plants; reserve plant and Govern13 ment and contractor-owned equipment layaway;

14 $2,980,815,000, to remain available for obligation until

15 September 30, 1996: Provided, That of the funds herein

16 provided for the Computer Acquisition Productivity Pro17 gram, not less than $20,000,000 shall be available, obli18 gated, and expended only for automatic data processing

19 investment equipment and peripheral equipment and relat20 ed software for Defense Accounting Office and Naval

21 Computer and Telecommunications Station, New Orleans,

22 the Enlisted Personnel Management Center, and the

23 Naval Reserve Personnel Center: Provided further, That

24 all Naval and Marine Corps active and reserve personnel

25 central design activities and personnel accounting pro-
28

HR 3116 EH

1 grams shall be managed and coordinated at the Enlisted

2 Personnel Management Center and the Naval Reserve

3 Personnel Center: Provided further, That the Secretary of

4 Defense shall provide a report on establishing a full service

5 finance and accounting operation for joint reserve func6 tions at the Defense Accounting Office, New Orleans and

7 the Naval Reserve Forces Command: Provided further,

8 That the operations and functions of the Reserve Finan9 cial Management System shall remain colocated with the

10 Commander, Naval Reserve Force: Provided further, That

11 of the funds appropriated in this paragraph,

12 $119,335,000 shall not be obligated or expended until au13 thorized by law.

14 PROCUREMENT, MARINE CORPS

15 For expenses necessary for the procurement, manu16 facture, and modification of missiles, armament, ammuni17 tion, military equipment, spare parts, and accessories

18 therefor; plant equipment, appliances, and machine tools,

19 and installation thereof in public and private plants; re20 serve plant and Government and contractor-owned equip21 ment layaway; vehicles for the Marine Corps, including the

22 purchase of not to exceed 96 passenger motor vehicles for

23 replacement only; and expansion of public and private

24 plants, including land necessary therefor, and such lands

25 and interests therein, may be acquired and construction
29

HR 3116 EH

1 prosecuted thereon prior to approval of title;

2 $527,754,000, to remain available for obligation until Sep3 tember 30, 1996: Provided, That of the funds appro4 priated in this paragraph, $56,733,000 shall not be obli5 gated or expended until authorized by law.

6 AIRCRAFT PROCUREMENT, AIR FORCE

7 For construction, procurement, and modification of

8 aircraft and equipment, including armor and armament,

9 specialized ground handling equipment, and training de10 vices, spare parts, and accessories therefor; specialized

11 equipment; expansion of public and private plants, Gov12 ernment-owned equipment and installation thereof in such

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

14 the foregoing purposes, and such lands and interests

15 therein, may be acquired, and construction prosecuted

16 thereon prior to approval of title; reserve plant and Gov17 ernment and contractor-owned equipment layaway; and

18 other expenses necessary for the foregoing purposes in19 cluding rents and transportation of things;

20 $6,887,201,000, to remain available for obligation until

21 September 30, 1996: Provided, That of the funds appro22 priated in this paragraph, not less than $20,000,000 shall

23 be available only for the C–130J aircraft.
30

HR 3116 EH

1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of

3 missiles, spacecraft, rockets, and related equipment, in4 cluding spare parts and accessories therefor, ground han5 dling equipment, and training devices; expansion of public

6 and private plants, Government-owned equipment and in7 stallation thereof in such plants, erection of structures,

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

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

10 construction prosecuted thereon prior to approval of title;

11 reserve plant and Government and contractor-owned

12 equipment layaway; and other expenses necessary for the

13 foregoing purposes including rents and transportation of

14 things; $3,845,354,000, to remain available for obligation

15 until September 30, 1996: Provided, That of the funds

16 appropriated in this paragraph, $224,483,000 shall not be

17 obligated or expended until authorized by law.

18 OTHER PROCUREMENT, AIR FORCE

19 For procurement and modification of equipment (in20 cluding ground guidance and electronic control equipment,

21 and ground electronic and communication equipment),

22 and supplies, materials, and spare parts therefor, not oth23 erwise provided for; the purchase of not to exceed 2 vehi24 cles required for physical security of personnel, notwith25 standing price limitations applicable to passenger vehicles
31

HR 3116 EH

1 but not to exceed $180,000 per vehicle; the purchase of

2 not to exceed 710 passenger motor vehicles of which 695

3 shall be for replacement only; and expansion of public and

4 private plants, Government-owned equipment and installa5 tion thereof in such plants, erection of structures, and ac6 quisition of land, for the foregoing purposes, and such

7 lands and interests therein, may be acquired, and con8 struction prosecuted thereon, prior to approval of title; re9 serve plant and Government and contractor-owned equip10 ment layaway; $7,336,918,000, to remain available for ob11 ligation until September 30, 1996.

12 NATIONAL GUARD AND RESERVE EQUIPMENT

13 For procurement of aircraft, missiles, tracked combat

14 vehicles, ammunition, other weapons, and other procure15 ment for the reserve components of the Armed Forces;

16 $1,178,100,000, to remain available for obligation until

17 September 30, 1996: Provided, That of the funds appro18 priated in this paragraph, $184,825,000 shall not be obli19 gated or expended until authorized by law.

20 PROCUREMENT, DEFENSE-WIDE

21 For expenses of activities and agencies of the Depart22 ment of Defense (other than the military departments)

23 necessary for procurement, production, and modification

24 of equipment, supplies, materials, and spare parts there25 for, not otherwise provided for; the purchase of not to ex-
32

HR 3116 EH

1 ceed 1 vehicle required for physical security of personnel,

2 notwithstanding price limitations applicable to passenger

3 vehicles but not to exceed $180,000 per vehicle; and the

4 purchase of not to exceed 438 passenger motor vehicles,

5 of which 420 shall be for replacement only; expansion of

6 public and private plants, equipment, and installation

7 thereof in such plants, erection of structures, and acquisi8 tion of land for the foregoing purposes, and such lands

9 and interests therein, may be acquired, and construction

10 prosecuted thereon prior to approval of title; reserve plant

11 and Government and contractor-owned equipment lay12 away; $1,557,344,000, to remain available for obligation

13 until September 30, 1996: Provided, That the funds avail14 able under this heading for the High Performance Com15 puter Modernization plan may be used only for: (1) the

16 execution of existing contract upgrade options of installed

17 stable supercomputer facilities that have not kept tech18 nically current; or (2) the acquisition in open, competitive

19 procurements of architecturally stable, fully user-oper20 ational, compatible supercomputers possessing essentially

21 stable system software, which have been successfully dem22 onstrated using statistically valid samples of the current

23 workload of the laboratories in question without sub24 stantive reprogramming or program conversion.
33

HR 3116 EH

1 DEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant

3 to sections 108, 301, 302, and 303 of the Defense Produc4 tion Act of 1950, as amended (50 U.S.C. App. 2061);

5 $200,000,000, to remain available until expended: Pro6 vided, That none of these funds shall be obligated for any

7 project unless a Presidential determination has been made

8 in accordance with the Defense Production Act: Provided

9 further, That the Department of Defense shall notify the

10 Committees on Appropriations of the House of Represent11 atives and the Senate sixty days prior to the release of

12 funds for any project not previously approved by Congress.

13 TITLE IV

14 RESEARCH, DEVELOPMENT, TEST AND

15 EVALUATION

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

17 ARMY

18 For expenses necessary for basic and applied sci19 entific research, development, test and evaluation, includ20 ing maintenance, rehabilitation, lease, and operation of fa21 cilities and equipment, as authorized by law;

22 $5,560,082,000, to remain available for obligation until

23 September 30, 1995: Provided, That $2,000,000 shall be

24 made available only for the Center for Prostate Disease

25 Research at the Walter Reed Army Institute of Research:
34

HR 3116 EH

1 Provided further, That $5,000,000 shall be made available

2 only for the Center of Excellence in Breast Cancer Re3 search and Training at the National Naval Medical Cen4 ter, in Bethesda, Maryland: Provided further, That not less

5 than $1,000,000 of the funds appropriated in this para6 graph shall be made available only to a joint research part7 nership involving an educational institution, not now en8 gaged in a large volume of basic research, and a bio9 medical research institute, including a working arrange10 ment with Canadian and German scientists, for the devel11 opment and testing of a new insulin derivative for the

12 treatment of diabetes and hypoglycemia in the dependents

13 of active duty military members: Provided further, That

14 $1,000,000 of the funds appropriated in this paragraph

15 shall be available for a lyme disease program: Provided

16 further, That of the funds appropriated in this paragraph,

17 $142,941,000 shall not be obligated or expended until au18 thorized by law.

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

20 NAVY

21 For expenses necessary for basic and applied sci22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of

24 facilities and equipment, as authorized by law;

25 $8,604,777,000, to remain available for obligation until
35

HR 3116 EH

1 September 30, 1995: Provided, That for continued re2 search and development programs at the National Center

3 for Physical Acoustics, centering on ocean acoustics as it

4 applies to advanced antisubmarine warfare acoustics

5 issues with focus on ocean bottom acoustics, seismic cou6 pling, sea-surface and bottom scattering, oceanic ambient

7 noise, underwater sound propagation, bubble related ambi8 ent noise, acoustically active surfaces, machinery noise,

9 propagation physics, solid state acoustics,

10 electrorheological fluids, transducer development, ultra11 sonic sensors, and other such projects as may be agreed

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

13 the Mississippi Resource Development Corporation, of

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

15 to provide such special equipment as may be required for

16 particular projects: Provided further, That none of the

17 funds appropriated in this paragraph may be obligated or

18 expended to develop or purchase equipment for an Aegis

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

20 whose initial operating capability is budgeted to be

21 achieved prior to the initial operating capability of the

22 Ship Self-Defense program, nor to develop sensor, proc23 essor, or display capabilities which duplicate in any way

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

25 Provided further, That funds appropriated in this para-
36

HR 3116 EH

1 graph for Aegis Combat System Engineering tactical dis2 play simplification may be obligated only to develop equip3 ment on an interim basis which is planned to be installed

4 in Aegis ships prior to the date that the first production

5 unit of the Advanced Display System is planned to be ac6 cepted by the Government: Provided further, That funds

7 appropriated in this paragraph for Aegis Combat System

8 Engineering tactical display simplification may not be obli9 gated on contracts which include production options for

10 ship installations planned beyond the date that the first

11 production unit of the Advanced Display System is

12 planned to be accepted by the Government: Provided fur13 ther, That funds appropriated in this paragraph for devel14 opment of E–2C aircraft upgrades may not be obligated

15 until the Under Secretary of Defense for Acquisition sub16 mits a plan to the Committees on Appropriations and

17 Armed Services of each House of Congress for develop18 ment and deployment of a fully participating cooperative

19 engagement capability on E–2 aircraft to be fielded con20 current with and no later than major computer upgrades

21 for the aircraft: Provided further, That funds appropriated

22 in this paragraph for development of the L–X ship may

23 not be obligated unless the baseline design of the ship in24 cludes cooperative engagement capability and sufficient

25 own-ship self-defense capability against advanced sea-
37

HR 3116 EH

1 skimming antiship cruise missiles in the baseline design

2 to achieve an estimated probability of survival from attack

3 by such missiles at a level no less than any other Navy

4 ship: Provided further, That after January 1, 1994, funds

5 appropriated in this paragraph for the Naval Research

6 Laboratory may not be obligated unless the Navy’s Manu7 facturing Technology Program Office has responsibilities

8 and position equivalent to the Science and Technology Di9 rectorates at the Office of Naval Research and is fully

10 staffed to meet those responsibilities.

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

12 AIR FORCE

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, as authorized by law;

17 $12,608,995,000, to remain available for obligation until

18 September 30, 1995: Provided, That not less than

19 $21,000,000 of the funds appropriated in this paragraph

20 shall be made available only for the Joint Seismic Pro21 gram and Global Seismic Network administered by the In22 corporated Research Institutions for Seismology: Provided

23 further, That not less than $60,000,000 of the funds ap24 propriated in this paragraph shall be made available only
38

HR 3116 EH

1 for the National Center for Manufacturing Sciences

2 (NCMS).

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 DEFENSE-WIDE

5 For expenses of activities and agencies of the Depart6 ment of Defense (other than the military departments),

7 necessary for basic and applied scientific research, devel8 opment, test and evaluation; advanced research projects

9 as may be designated and determined by the Secretary

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

11 lease, and operation of facilities and equipment, as author12 ized by law; $9,376,918,000, to remain available for obli13 gation until September 30, 1995: Provided, That not less

14 than $97,000,000 of the funds appropriated in this para15 graph are available only for the Extended Range Intercep16 tor (ERINT) missile: Provided further, That the Ballistic

17 Missile Defense Organization (BMDO) shall continue its

18 current strategy of flight testing, ground testing, simula19 tions, and other Government analyses of the Patriot

20 Multimode Missile and the Extended Range Interceptor

21 for selection of the best technology in terms of cost, sched22 ule, risk, and performance to meet PAC–3 missile require23 ments for theater missile defense and that the Director,

24 BMDO, will determine when there is adequate information

25 to proceed to selection for engineering and manufacturing
39

HR 3116 EH

1 development: Provided further, That none of the funds in

2 this paragraph may be used to operate more than one ex3 ternal affairs office in the Washington, D.C. area for bal4 listic missile defense programs: Provided further, That not

5 less than $15,000,000 of the funds appropriated in this

6 paragraph shall be made available as a grant awarded

7 through competitive procedures to a State supported his8 torically black college or university with a demonstrated

9 expertise in physics and materials science, a doubled en10 rollment over the past seven years, and a leading enroll11 ment of National Achievement Scholars over the last sev12 eral years, for construction to expand facilities for basic

13 sciences and engineering associated with research, devel14 opment, and other programs of major importance to the

15 Department of Defense: Provided further, That not less

16 than 25 percent of the funds appropriated in this para17 graph for the High Performance Computing initiative may

18 be obligated only for research designed to develop im19 proved performance from high performance computing

20 systems and technology utilizing parallel vector processing

21 architecture: Provided further, That not less than

22 $20,000,000 of the funds appropriated in this paragraph

23 shall be available only for an Experimental Program to

24 Stimulate Competitive Research (EPSCOR) in the De25 partment of Defense which shall include all States eligible
40

HR 3116 EH

1 as of the date of enactment of this Act for the National

2 Science Foundation Experimental Program to Stimulate

3 Competitive Research: Provided further, That none of the

4 funds appropriated in this paragraph for research, devel5 opment, demonstration, or commercialization of electric

6 vehicles and the related infrastructure; fuel cell research;

7 natural gas research; or coal research, authorized to be

8 conducted by the Secretary of Energy under statutes ad9 ministered by such Secretary shall be obligated by the Sec10 retary of Defense except in accordance with the applicable

11 provisions of the Energy Policy Act of 1992 and other rel12 evant statutes and pursuant to an agreement, made avail13 able to the applicable legislative and appropriation Com14 mittees of Congress, between the Secretary of Defense and

15 the Secretary of Energy that provides for coordination of

16 all such activities with the relevant programs at the De17 partment of Energy administered under such Acts: Pro18 vided further, That of the funds appropriated under this

19 heading, not less than $52,000,000 shall be made avail20 able only for the Computer-aided Acquisition and Logis21 tics Support (CALS) Shared Resource Center (CSRC)

22 program. Of that amount, not less than $30,000,000 shall

23 be made available only for the continued operation of the

24 original CSRC by the current nonprofit institution or its

25 successor in interest, as the Department’s tri-service
41

HR 3116 EH

1 CALS standards and technologies development, deploy2 ment, training, and education hub for the CSRC program;

3 the continued operation of the CSRC Regional Satellite

4 (CRS); and the establishment and continued operation of

5 additional CRSs to be operated by educational or other

6 nonprofit institutions. In addition, $20,000,000 shall be

7 made available only for the continued operation of the six

8 original CRSs: Provided further, That none of the funds

9 in this Act can be expended to pay the salaries or expenses

10 of the Department’s CSRC Program Management Office

11 unless such office is located within the Office of the Sec12 retary of Defense: Provided further, That nothing shall

13 prohibit use of the CSRC or CRSs by industry, associa14 tions, other Department of Defense services and agencies,

15 and other government agencies for efforts to be separately

16 negotiated and funded: Provided further, That $2,300,000

17 shall be made available only for cell adhesion molecule re18 search.

19 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, of inde21 pendent activities of the Director, Test and Evaluation in

22 the direction and supervision of developmental test and

23 evaluation, including performance and joint developmental

24 testing and evaluation; and administrative expenses in
42

HR 3116 EH

1 connection therewith; $232,592,000, to remain available

2 for obligation until September 30, 1995.

3 OPERATIONAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, necessary

5 for the independent activities of the Director, Operational

6 Test and Evaluation in the direction and supervision of

7 operational test and evaluation, including initial oper8 ational test and evaluation which is conducted prior to,

9 and in support of, production decisions; joint operational

10 testing and evaluation; and administrative expenses in

11 connection therewith; $12,650,000, to remain available for

12 obligation until September 30, 1995.

13 TITLE V

14 REVOLVING AND MANAGEMENT FUNDS

15 DEFENSE BUSINESS OPERATIONS FUND

16 For the Defense Business Operations Fund;

17 $1,091,100,000: Provided, That none of the funds avail18 able in the Defense Business Operations Fund shall be

19 used for any hardware procurement, new development, or

20 expansion of the Defense Business Management System;

21 except that funds may be used to continue minimal main22 tenance efforts of the Defense Business Management Sys23 tem for the Defense Logistics Agency to continue daily

24 operations.
43

HR 3116 EH

1 NATIONAL DEFENSE SEALIFT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For National Defense Sealift Fund programs,

4 projects, and activities, $490,800,000, to remain available

5 until expended: Provided, That up to $200,000,000 shall

6 be available for transfer to the Secretary of Transpor7 tation for costs (as defined in section 502 of the Federal

8 Credit Reform Act of 1990) of loan guarantee commit9 ments under title XII of the Merchant Marine Act, 1936,

10 as amended by H.R. 2401, the National Defense Author11 ization Act for Fiscal Year 1994: Provided further, That

12 any facilities financed by the foregoing loan guarantee

13 commitments must make use of new technologies and

14 processes which have been demonstrated by Department

15 of Defense organizations prior to construction of facilities:

16 Provided further, That all loan guarantees or loan guaran17 tee commitments made by the Secretary of Transportation

18 shall occur only after consultation with the Secretary of

19 Defense: Provided further, That notwithstanding any other

20 provision of law, the Secretary of Transportation shall give

21 priority to providing loan guarantees to businesses located

22 in enterprise zones and investing private funds in develop23 ing integrated design and manufacturing facilities tech24 nologies: Provided further, That notwithstanding any other

25 provision of law, all loan guarantees or loan guarantee
44

HR 3116 EH

1 commitments for ship construction shall be made without

2 regard to gross ton weight.

3 TITLE VI

4 OTHER DEPARTMENT OF DEFENSE PROGRAMS

5 DEFENSE HEALTH PROGRAM

6 For expenses, not otherwise provided for, for medical

7 and health care programs of the Department of Defense,

8 as authorized by law; $9,644,447,000, of which

9 $9,368,185,000 shall be for Operation and maintenance,

10 of which $276,262,000, to remain available for obligation

11 until September 30, 1996, shall be for Procurement: Pro12 vided, That the Department shall competitively contract

13 during fiscal year 1994 for mail service pharmacy for at

14 least two multi-state regions in addition to the ongoing

15 solicitations for Florida, South Carolina, Georgia, Dela16 ware, New Jersey, Pennsylvania, and Hawaii, as well as

17 each base closure area not supported by an at-risk man18 aged care plan; that such services shall be procured inde19 pendent of any other Department managed care contracts;

20 that one multi-state region shall include the State of Ken21 tucky: Provided further, That of the funds appropriated

22 in this Act, such funds as necessary shall be used for the

23 continuation of the cooperative program model being es24 tablished at Madigan Medical Center for severely behavior

25 disordered students: Provided further, That of the funds
45

HR 3116 EH

1 appropriated in this paragraph, $265,000,000 shall not be

2 obligated or expended until authorized by law.

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

4 DEFENSE

5 For expenses, not otherwise provided for, necessary

6 for the destruction of the United States stockpile of lethal

7 chemical agents and munitions in accordance with the pro8 visions of section 1412 of the Department of Defense Au9 thorization Act, 1986, (50 U.S.C. 1521) and for the de10 struction of other chemical warfare materials that are not

11 in the chemical weapon stockpile, $397,561,000, of which

12 $292,061,000 shall be for Operation and maintenance,

13 $74,800,000, to remain available until September 30,

14 1996, shall be for Procurement, and $30,700,000, to re15 main available until September 30, 1995, shall be for Re16 search, development, test and evaluation: Provided, That

17 of the funds appropriated in this paragraph, $30,700,000

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

19 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

20 DEFENSE

21 (INCLUDING TRANSFER OF FUNDS)

22 For drug interdiction and counter-drug activities of

23 the Department of Defense, for transfer to appropriations

24 available to the Department of Defense for military per25 sonnel of the reserve components serving under the provi-
46

HR 3116 EH

1 sions of title 10 and title 32, United States Code; for Op2 eration and maintenance; for Procurement; and for Re3 search, development, test and evaluation; $757,785,000:

4 Provided, That the funds appropriated by this paragraph

5 shall be available for obligation for the same time period

6 and for the same purpose as the appropriation to which

7 transferred: Provided further, That the transfer authority

8 provided in this paragraph is in addition to any transfer

9 authority contained elsewhere in this Act: Provided fur10 ther, That of the funds appropriated in this paragraph,

11 not less than $5,900,000 shall be available only for the

12 Gulf States Counter-Narcotics Initiative.

13 OFFICE OF THE INSPECTOR GENERAL

14 For expenses and activities of the Office of the

15 Inspector General in carrying out the provisions of the

16 Inspector General Act of 1978, as amended;

17 $169,801,000, of which $169,001,000 shall be for Oper18 ation and maintenance, of which not to exceed $400,000

19 is available for emergencies and extraordinary expenses to

20 be expended on the approval or authority of the Inspector

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

22 necessity for confidential military purposes; and of which

23 $800,000, to remain available until September 30, 1996,

24 shall be for Procurement.
47

HR 3116 EH

1 TITLE VII

2 RELATED AGENCIES

3 NATIONAL FOREIGN INTELLIGENCE PROGRAM

4 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

5 DISABILITY SYSTEM FUND

6 For payment to the Central Intelligence Agency Re7 tirement and Disability System Fund, to maintain proper

8 funding level for continuing the operation of the Central

9 Intelligence Agency Retirement and Disability System;

10 $182,300,000.

11 NATIONAL SECURITY EDUCATION TRUST FUND

12 (RESCISSION)

13 Of the funds made available in Public Law 103–50

14 for the National Security Education Act under the head15 ing ‘‘National Security Education Trust Fund’’,

16 $10,000,000 is hereby rescinded.

17 Of the funds made available in Public Law 102–172

18 for the National Security Education Trust Fund,

19 $140,000,000 and interest earned and accrued thereon is

20 hereby rescinded.

21 COMMUNITY MANAGEMENT STAFF

22 For necessary expenses of the Community Manage23 ment Staff; $114,688,000.
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HR 3116 EH

1 TITLE VIII

2 GENERAL PROVISIONS

3 SEC. 8001. No part of any appropriation contained

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress.

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

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States

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

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of

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

13 of the percentage increase authorized by law for civilian

14 employees of the Department of Defense whose pay is

15 computed under the provisions of section 5332 of title 5,

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to

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

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980.

23 SEC. 8003. No part of any appropriation contained

24 in this Act shall remain available for obligation beyond

25 the current fiscal year, unless expressly so provided herein.
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1 SEC. 8004. No more than 20 per centum of the ap2 propriations in this Act which are limited for obligation

3 during the current fiscal year shall be obligated during

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

5 section shall not apply to obligations for support of active

6 duty training of reserve components or summer camp

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

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

9 SEC. 8005. Section 9005 of the Department of De10 fense Appropriations Act, 1993 (Public Law 102–396) is

11 amended by striking out ‘‘contained in this Act’’ and in12 serting ‘‘or any other funds available to the Department

13 of Defense’’ in lieu thereof.

14 SEC. 8005A. Title IV of the Department of Defense

15 Appropriations Act, 1993 (Public Law 102–396; 106 Stat.

16 1890) is amended in the 9th proviso under the heading

17 ‘‘Research, Development, Test and Evaluation, Army’’ by

18 striking ‘‘six months’’ and inserting ‘‘18 months’’.

19 (TRANSFER OF FUNDS)

20 SEC. 8006. Upon determination by the Secretary of

21 Defense that such action is necessary in the national inter22 est, he may, with the approval of the Office of Manage23 ment and Budget, transfer not to exceed $2,000,000,000

24 of working capital funds of the Department of Defense

25 or funds made available in this Act to the Department
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1 of Defense for military functions (except military con2 struction) between such appropriations or funds or any

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

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

5 the appropriation or fund to which transferred: Provided,

6 That such authority to transfer may not be used unless

7 for higher priority items, based on unforeseen military re8 quirements, than those for which originally appropriated

9 and in no case where the item for which funds are re10 quested has been denied by Congress: Provided further,

11 That the Secretary of Defense shall notify the Congress

12 promptly of all transfers made pursuant to this authority

13 or any other authority in this Act.

14 (TRANSFER OF FUNDS)

15 SEC. 8007. During the current fiscal year, cash bal16 ances in working capital funds of the Department of De17 fense established pursuant to section 2208 of title 10,

18 United States Code, may be maintained in only such

19 amounts as are necessary at any time for cash disburse20 ments to be made from such funds: Provided, That trans21 fers may be made between such funds and the ‘‘Foreign

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

23 Maintenance’’ appropriation accounts in such amounts as

24 may be determined by the Secretary of Defense, with the

25 approval of the Office of Management and Budget, except

26 that such transfers may not be made unless the Secretary
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1 of Defense has notified the Congress of the proposed

2 transfer. Except in amounts equal to the amounts appro3 priated to working capital funds in this Act, no obligations

4 may be made against a working capital fund to procure

5 or increase the value of war reserve material inventory,

6 unless the Secretary of Defense has notified the Congress

7 prior to any such obligation.

8 SEC. 8008. Using funds available by this Act or any

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

10 determination under section 2690 of title 10, United

11 States Code, may implement cost-effective agreements for

12 required heating facility modernization in the

13 Kaiserslautern Military Community in the Federal Repub14 lic of Germany: Provided, That in the City of

15 Kaiserslautern such agreements will include the use of

16 United States anthracite as the base load energy for mu17 nicipal district heat to the United States Defense installa18 tions: Provided further, That at Landstuhl Army Regional

19 Medical Center and Ramstein Air Base, furnished heat

20 may be obtained from private, regional or municipal serv21 ices, if provisions are included for the consideration of

22 United States coal as an energy source.

23 SEC. 8009. Funds appropriated by this Act may not

24 be used to initiate a special access program without prior

25 notification 30 calendar days in session in advance to the
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1 Committees on Appropriations and Armed Services of the

2 Senate and House of Representatives.

3 SEC. 8010. None of the funds contained in this Act

4 available for the Civilian Health and Medical Program of

5 the Uniformed Services shall be available for payments to

6 physicians and other authorized individual health care pro7 viders in excess of the amounts allowed in fiscal year 1993

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

9 the Secretary of Defense determines an increase is justi10 fied by economic circumstances, the allowable amounts

11 may be increased in accordance with appropriate economic

12 index data similar to that used pursuant to title XVIII

13 of the Social Security Act; and (b) for services the Sec14 retary determines are overpriced based on allowable pay15 ments under title XVIII of the Social Security Act, the

16 allowable amounts shall be reduced by not more than 15

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

18 Secretary determines that it would impair adequate access

19 to health care services for beneficiaries). The Secretary

20 shall solicit public comment prior to promulgating regula21 tions to implement this section. Such regulations shall in22 clude a limitation, similar to that used under title XVIII

23 of the Social Security Act, on the extent to which a pro24 vider may bill a beneficiary an actual charge in excess of

25 the allowable amount.
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1 SEC. 8011. None of the funds provided in this Act

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

3 employs economic order quantity procurement in excess of

4 $20,000,000 in any one year of the contract or that in5 cludes an unfunded contingent liability in excess of

6 $20,000,000, or (2) a contract for advance procurement

7 leading to a multiyear contract that employs economic

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

9 any one year, unless the Committees on Appropriations

10 and Armed Services of the Senate and House of Rep11 resentatives have been notified at least thirty days in ad12 vance of the proposed contract award: Provided, That no

13 part of any appropriation contained in this Act shall be

14 available to initiate a multiyear contract for which the eco15 nomic order quantity advance procurement is not funded

16 at least to the limits of the Government’s liability: Pro17 vided further, That no part of any appropriation contained

18 in this Act shall be available to initiate multiyear procure19 ment contracts for any systems or component thereof if

20 the value of the multiyear contract would exceed

21 $500,000,000 unless specifically provided in this Act: Pro22 vided further, That no multiyear procurement contract can

23 be terminated without 10-day prior notification to the

24 Committees on Appropriations and Armed Services of the

25 House of Representatives and the Senate: Provided fur-
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1 ther, That the execution of multiyear authority shall re2 quire the use of a present value analysis to determine low3 est cost compared to an annual procurement.

4 SEC. 8012. (a) None of the funds appropriated by

5 this Act shall be available to convert a position in support

6 of the Army Reserve, Air Force Reserve, Army National

7 Guard, and Air National Guard occupied by, or pro8 grammed to be occupied by, a (civilian) military technician

9 to a position to be held by a person in an active duty sta10 tus or active Guard or Reserve status if that conversion

11 would reduce the total number of positions occupied by,

12 or programmed to be occupied by, (civilian) military tech13 nicians of the component concerned, below 69,061: Pro14 vided, That none of the funds appropriated by this Act

15 shall be available to support more than 46,111 positions

16 in support of the Army Reserve, Army National Guard,

17 or Air National Guard occupied by, or programmed to be

18 occupied by, persons in an active Guard or Reserve status:

19 Provided further, That none of the funds appropriated by

20 this Act may be used to include (civilian) military techni21 cians in computing civilian personnel ceilings, including

22 statutory or administratively imposed ceilings, on activi23 ties in support of the Army Reserve, Air Force Reserve,

24 Army National Guard, or Air National Guard.
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1 (b) None of the funds appropriated by this Act shall

2 be used to include (civilian) military technicians in any

3 administratively imposed freeze on civilian positions.

4 SEC. 8013. Notwithstanding any other provision of

5 law, governments of Indian tribes shall be treated as State

6 and local governments for the purposes of disposition of

7 real property recommended for closure in the report of the

8 Defense Secretary’s Commission on Base Realignments

9 and Closures, December 1988, the report to the President

10 from the Defense Base Closure and Realignment Commis11 sion, July 1991, and Public Law 100–526.

12 SEC. 8014. (a) The provisions of section 115(a)(4)

13 of title 10, United States Code, shall not apply with re14 spect to fiscal year 1994 or with respect to the appropria15 tion of funds for that year.

16 (b) During fiscal year 1994, the civilian personnel of

17 the Department of Defense may not be managed on the

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

19 personnel during that fiscal year shall not be subject to

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

21 on the number of such personnel who may be employed

22 on the last day of such fiscal year.

23 (c) The fiscal year 1995 budget request for the De24 partment of Defense as well as all justification material

25 and other documentation supporting the fiscal year 1995
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1 Department of Defense budget request shall be prepared

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

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

4 year 1995.

5 SEC. 8015. None of the funds made available by this

6 Act shall be used in any way, directly or indirectly, to in7 fluence congressional action on any legislation or appro8 priation matters pending before the Congress.

9 SEC. 8016. None of the funds appropriated by this

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

11 is initially employed after the date of enactment of this

12 Act as a technician in the administration and training of

13 the Army Reserve and the maintenance and repair of sup14 plies issued to the Army Reserve unless such individual

15 is also a military member of the Army Reserve troop pro16 gram unit that he or she is employed to support. Those

17 technicians employed by the Army Reserve in areas other

18 than Army Reserve troop program units need only be

19 members of the Selected Reserve.

20 SEC. 8017. None of the funds available to the De21 partment of Defense may be used for the floating storage

22 of petroleum or petroleum products except in vessels of

23 or belonging to the United States.

24 SEC. 8018. Notwithstanding any other provision of

25 law, the Secretaries of the Army and Air Force may au-
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1 thorize the retention in an active status until age sixty

2 of any officer who would otherwise be removed from an

3 active status and who is employed as a National Guard

4 or Reserve technician in a position in which active status

5 in a reserve component of the Army or Air Force is re6 quired as a condition of that employment.

7 SEC. 8019. Notwithstanding any other provision of

8 law, proceeds from the investment of the Fisher House

9 Investment Trust Fund will be used to support the oper10 ation and maintenance of Fisher Houses associated with

11 Army medical treatment facilities.

12 SEC. 8020. (a) None of the funds appropriated by

13 this Act shall be used to make contributions to the Depart14 ment of Defense Education Benefits Fund pursuant to

15 section 2006(g) of title 10, United States Code, represent16 ing the normal cost for future benefits under section

17 1415(c) of title 38, United States Code, for any member

18 of the armed services who, on or after the date of enact19 ment of this Act—

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

21 active duty of less than three years; or

22 (2) receives an enlistment bonus under section

23 308a or 308f of title 37, United States Code,

24 nor shall any amounts representing the normal cost of

25 such future benefits be transferred from the Fund by the
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1 Secretary of the Treasury to the Secretary of Veterans

2 Affairs pursuant to section 2006(d) of title 10, United

3 States Code; nor shall the Secretary of Veterans Affairs

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

5 in the case of a member covered by clause (1), these limi6 tations shall not apply to members in combat arms skills

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

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

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

10 the cost-effective use of special recruiting incentives in11 volving not more than nineteen noncombat arms skills ap12 proved in advance by the Secretary of Defense: Provided

13 further, That this subsection applies only to active compo14 nents of the Army.

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

16 be available for the basic pay and allowances of any mem17 ber of the Army participating as a full-time student and

18 receiving benefits paid by the Secretary of Veterans Af19 fairs from the Department of Defense Education Benefits

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

21 toward completion of a service commitment: Provided,

22 That this subsection shall not apply to those members who

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

24 Provided further, That this subsection applies only to ac25 tive components of the Army.
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1 SEC. 8021. Funds appropriated in this Act shall be

2 available for the payment of not more than 75 percent

3 of the charges of a postsecondary educational institution

4 for the tuition or expenses of an officer in the Ready Re5 serve of the Army National Guard or Army Reserve for

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

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

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

9 least four years after completion of such training or edu10 cation.

11 SEC. 8022. None of the funds appropriated by this

12 Act shall be available to convert to contractor performance

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

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

15 by more than ten Department of Defense civilian employ16 ees until a most efficient and cost-effective organization

17 analysis is completed on such activity or function and cer18 tification of the analysis is made to the Committees on

19 Appropriations of the House of Representatives and the

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

21 commercial or industrial type function of the Department

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

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

24 1938 (41 U.S.C. 47), popularly referred to as the Javits25 Wagner-O’Day Act; (2) is planned to be converted to per-
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1 formance by a qualified nonprofit agency for the blind or

2 by a qualified nonprofit agency for other severely handi3 capped individuals in accordance with that Act; or (3) is

4 planned to be converted to performance by a qualified firm

5 under 51 percent Native American ownership.

6 SEC. 8023. None of the funds appropriated or made

7 available by this Act may be obligated for acquisition of

8 major automated information systems which have not suc9 cessfully completed oversight reviews required by Defense

10 Department regulations: Provided, That the automated in11 formation systems oversight review board will be inde12 pendent of any other Department review function and

13 chaired by the Assistant Secretary of Defense (Command,

14 Control, Communications and Intelligence): Provided fur15 ther, That except for those programs to modernize and de16 velop migration and standard automated information sys17 tems that have been certified by the Department’s senior

18 information resource management (IRM) official as being

19 fully compliant with the Department’s information man20 agement initiative as defined in Defense Department Di21 rective 8000.1, no funds may be expended for moderniza22 tion or development of any automated information system

23 (AIS) by the military departments, services, defense agen24 cies, Joint Staff or Military Commands in excess of

25 $1,000,000 unless the senior official of the Office of the
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1 Secretary of Defense with primary responsibility for the

2 functions being supported or to be supported certifies to

3 the Assistant Secretary of Defense for Command, Control,

4 Communications and Intelligence that the functional

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

6 or development has no unnecessary duplication of other

7 available or planned AISs: Provided further, That the De8 partment shall develop the capability for open systems in9 tegration of commercial-off-the-shelf (COTS) applications

10 within the Composite Health Care System (CHCS): Pro11 vided further, That the Department shall limit deployment

12 of the Defense Blood Standard System (DBSS) to donor

13 and processing centers, and shall procure, install, and in14 tegrate by April 1, 1994, at two or more CHCS sites an

15 open system compliant COTS hospital-based blood bank/

16 transfusion application, with security access by application

17 function and developed in the same application language

18 as CHCS: Provided further, That the Department shall

19 procure and install at all CHCS alpha and beta sites by

20 April 1, 1994, an open system integrated anatomic pathol21 ogy COTS application with security access by application

22 function and developed with the same software application

23 language as CHCS: Provided further, That notwithstand24 ing any other provision of law, the one time investment

25 cost, including the procurement or lease of new or
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1 reutilized automatic data processing investment equip2 ment, peripheral equipment and related software, for the

3 July 16, 1993 DOD Data Center Consolidation Plan shall

4 not exceed $309,000,000.

5 SEC. 8024. Notwithstanding any other provision of

6 law, the Secretary of the Navy may use funds appro7 priated to charter ships to be used as auxiliary mine8 sweepers providing that the owner agrees that these ships

9 may be activated as Navy Reserve ships with Navy Re10 serve crews used in training exercises conducted in accord11 ance with law and policies governing Naval Reserve forces:

12 Provided, That none of the funds appropriated or made

13 available in this Act may be used to inactivate, disestab14 lish, or discontinue the Navy’s Craft of Opportunity Pro15 gram.

16 SEC. 8025. Notwithstanding any other provision of

17 law, the Department shall competitively award contracts

18 in fiscal year 1994 for at least four new region-wide, at19 risk, fixed price managed care support contracts consist20 ent with the following requirements: (1) each contract or

21 acquisition shall reflect the major features of the

22 CHAMPUS Reform Initiative and include provision for

23 the commanders of major military medical centers to par24 ticipate as the regional lead agents; (2) each such contract

25 or acquisition shall include a triple option benefit; (3) one
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1 similar contract or acquisition shall cover the State of

2 Florida (which may include Department of Veterans Af3 fairs’ medical facilities with the concurrence of the Sec4 retary of Veterans Affairs); (4) one similar contract shall

5 cover the States of Washington and Oregon; (5) each

6 other such contract or acquisition shall include at least

7 one complete State; (6) the managed care support con8 tracts for California and Hawaii, Florida, Washington and

9 Oregon shall not be counted for purposes of the required

10 four new contracts of acquisitions; and (7) the Depart11 ment shall modify a currently operating CHAMPUS serv12 ice contract to include an at-risk managed health care pro13 vision, to provide services not later than 90 days after en14 actment of this Act, in the area of Homestead Air Force

15 Base, to include the Homestead and South Miami Hos16 pitals as institutional providers, with a benefit structure

17 substantially identical to that established in fiscal year

18 1993 for the Carswell, Bergstrom and England Air Force

19 Bases (including a retail pharmacy network available to

20 Medicare-eligible beneficiaries), said provision to remain

21 effective as an interim measure until implementation of

22 the competitive at-risk contract for Florida as required by

23 this section: Provided further, That none of the funds ap24 propriated, or otherwise made available to the Department

25 of Defense, by this or any other Act of Congress, shall
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1 be used to implement or administer any changes to the

2 operating CHAMPUS Reform Initiative-like contracts un3 less the scope of benefits and program management struc4 ture are consistent with the basic CHAMPUS Reform Ini5 tiative design in operation on January 1, 1993: Provided

6 further, That any law or regulation of a State or local gov7 ernment relating to health insurance, prepaid health

8 plans, or other health care delivery, administration, and

9 financing methods shall be preempted and shall not apply

10 to any contract entered into pursuant to chapter 55 of

11 title 10, United States Code: Provided further, That any

12 requirements for the certification of cost effectiveness, ac13 cess and quality of any managed health care programs will

14 be construed to require that the certification compare on

15 a national basis the program to be certified with the stand16 ard CHAMPUS program as determined by the application

17 of sound actuarial principles: Provided further, That the

18 Department shall competitively award at least two con19 tracts in fiscal year 1994 for stand-alone, at-risk managed

20 mental health services in high utilization, high-cost areas,

21 consistent with the management and service delivery fea22 tures in operation in the Contracted Provider Arrange23 ment (CPA) Tidewater Demonstration.

24 SEC. 8026. Funds appropriated or made available in

25 this Act shall be obligated and expended to continue to
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1 fully utilize the facilities at the United States Army Engi2 neer’s Waterways Experiment Station, including the con3 tinued availability of the supercomputer capability: Pro4 vided, That none of the funds in this Act may be used

5 to purchase any supercomputer which is not manufactured

6 in the United States, unless the Secretary of Defense cer7 tifies to the Armed Services and Appropriations Commit8 tees of Congress that such an acquisition must be made

9 in order to acquire capability for national security pur10 poses that is not available from United States manufactur11 ers.

12 SEC. 8027. For the purposes of the Balanced Budget

13 and Emergency Deficit Control Act of 1985 (Public Law

14 99–177) as amended by the Balanced Budget and Emer15 gency Deficit Control Reaffirmation Act of 1987 (Public

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

17 1990 (Public Law 101–508), the term program, project,

18 and activity for appropriations contained in this Act shall

19 be defined as the most specific level of budget items identi20 fied in the Department of Defense Appropriations Act,

21 1994, the accompanying House and Senate Committee re22 ports, the conference report and accompanying joint ex23 planatory statement of the managers of the Committee of

24 Conference, the related classified annexes and reports, and

25 the P–1 and R–1 budget justification documents as subse-
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1 quently modified by Congressional action: Provided, That

2 the following exception to the above definition shall apply:

3 For the Military Personnel and the Operation and

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

5 activity’’ is defined as the appropriations accounts con6 tained in the Department of Defense Appropriations Act:

7 Provided further, That at the time the President submits

8 his budget for fiscal year 1995, the Department of De9 fense shall transmit to the Committees on Appropriations

10 and the Committees on Armed Services of the Senate and

11 the House of Representatives a budget justification docu12 ment to be known as the ‘‘O–1’’ which shall identify, at

13 the budget activity, activity group, and subactivity group

14 level, the amounts requested by the President to be appro15 priated to the Department of Defense for operation and

16 maintenance in any budget request, or amended budget

17 request, for fiscal year 1995.

18 SEC. 8028. Of the funds appropriated to the Army,

19 $217,600,000 shall be available only for the Reserve Com20 ponent Automation System (RCAS): Provided, That none

21 of these funds can be expended—

22 (1) except as approved by the Chief of the Na23 tional Guard Bureau;

24 (2) unless RCAS resource management func25 tions are performed by the National Guard Bureau;
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1 (3) to pay the salary of an RCAS program

2 manager who has not been selected and approved by

3 the Chief of the National Guard Bureau and char4 tered by the Chief of the National Guard Bureau

5 and the Secretary of the Army;

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

7 makes the PM accountable to the Chief of the Na8 tional Guard Bureau and fully defines his authority,

9 responsibility, reporting channels and organizational

10 structure;

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

12 the RCAS program management office unless such

13 organization is comprised of personnel chosen jointly

14 by the Chiefs of the National Guard Bureau and the

15 Army Reserve;

16 (6) to pay contracted costs for the acquisition

17 of RCAS unless RCAS is an integrated system con18 sisting of software, hardware, and communications

19 equipment and unless such contract continues to

20 preclude the use of Government furnished equip21 ment, operating systems, and executive and applica22 tions software; and

23 (7) unless RCAS performs its own classified in24 formation processing: Provided further, That not25 withstanding any other provision of law, none of the
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1 funds appropriated shall be available for procure2 ment of computers for the Army Reserve Component

3 which are used to network or expand the capabilities

4 of existing or future information systems or dupli5 cate functions to be provided under the RCAS con6 tract unless the procurement meets the following cri7 teria: (A) only RCAS automated data processing

8 (ADP) equipment may be procured and only in the

9 numbers and types allocated by the RCAS program

10 to each site; (B) the requesting organizational ele11 ment has no computer for stand-alone office auto12 mation usage; (C) replacement equipment will not

13 exceed the minimum required to maintain the reli14 ability of existing capabilities; (D) replacements will

15 be justified solely on the cost and feasibility of re16 pairs and maintenance of present ADP equipment as

17 compared to the cost of replacement; and (E) the

18 procurement is recommended by both the Chief of

19 the respective Reserve Component and the Chief of

20 the National Guard Bureau, and approved by the

21 Functional Proponent in the Department of De22 fense.

23 SEC. 8029. None of the funds in this Act may be

24 available for the purchase by the Department of Defense

25 (and its departments and agencies) of welded shipboard
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1 anchor and mooring chain 4 inches in diameter and under

2 unless the anchor and mooring chain are manufactured

3 in the United States from components which are substan4 tially manufactured in the United States: Provided, That

5 for the purpose of this section manufactured will include

6 cutting, heat treating, quality control, testing of chain and

7 welding (including the forging and shot blasting process):

8 Provided further, That for the purpose of this section sub9 stantially all of the components of anchor and mooring

10 chain shall be considered to be produced or manufactured

11 in the United States if the aggregate cost of the compo12 nents produced or manufactured in the United States ex13 ceeds the aggregate cost of the components produced or

14 manufactured outside the United States: Provided further,

15 That when adequate domestic supplies are not available

16 to meet Department of Defense requirements on a timely

17 basis, the Secretary of the service responsible for the pro18 curement may waive this restriction on a case-by-case

19 basis by certifying in writing to the Committees on Appro20 priations that such an acquisition must be made in order

21 to acquire capability for national security purposes.

22 (TRANSFER OF FUNDS)

23 SEC. 8030. Notwithstanding any other provision of

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

25 unobligated balances and funds appropriated in this Act

26 to the operation and maintenance appropriations for the
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1 purpose of providing military technician and Department

2 of Defense medical personnel pay and medical programs

3 (including CHAMPUS) the same exemption from seques4 tration set forth in the Balanced Budget and Emergency

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

6 amended by the Balanced Budget and Emergency Deficit

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

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

9 101–508) as that granted the other military personnel ac10 counts: Provided, That any transfer made pursuant to any

11 use of the authority provided by this provision shall be

12 limited so that the amounts reprogrammed to the oper13 ation and maintenance appropriations do not exceed the

14 amounts sequestered under the Balanced Budget and

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

16 177) as amended by the Balanced Budget and Emergency

17 Deficit Control Reaffirmation Act of 1987 (Public Law

18 100–119) and by the Budget Enforcement Act of 1990

19 (Public Law 101–508): Provided further, That the author20 ity to make transfers pursuant to this section is in addi21 tion to the authority to make transfers under other provi22 sions of this Act: Provided further, That the Secretary of

23 Defense may proceed with such transfer after notifying

24 the Appropriations Committees of the House of Rep25 resentatives and the Senate twenty calendar days in ses-
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1 sion before any such transfer of funds under this

2 provision.

3 SEC. 8031. None of the funds appropriated by this

4 Act available for the Civilian Health and Medical Program

5 of the Uniformed Services (CHAMPUS) shall be available

6 for the reimbursement of any health care provider for in7 patient mental health service for care received when a pa8 tient is referred to a provider of inpatient mental health

9 care or residential treatment care by a medical or health

10 care professional having an economic interest in the facil11 ity to which the patient is referred: Provided, That this

12 limitation does not apply in the case of inpatient mental

13 health services provided under the program for the handi14 capped under subsection (d) of section 1079 of title 10,

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

16 provided pursuant to a waiver authorized by the Secretary

17 of Defense because of medical or psychological cir18 cumstances of the patient that are confirmed by a health

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

20 pursuant to rules prescribed by the Secretary, which takes

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

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

23 availability of that care.

24 SEC. 8032. All new Department of Defense procure25 ments shall separately identify software costs in the work
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1 breakdown structure defined by MIL–STD–881 in those

2 instances where software is considered to be a major cat3 egory of cost.

4 SEC. 8033. During the current fiscal year and there5 after, of the funds appropriated, reimbursable expenses in6 curred by the Department of Defense on behalf of the So7 viet Union or its successor entities in monitoring United

8 States implementation of the Treaty Between the United

9 States of America and the Union of Soviet Socialist Re10 publics on the Elimination of Their Intermediate-Range

11 or Shorter-Range Missiles (‘‘INF Treaty’’), concluded De12 cember 8, 1987, may be treated as orders received and

13 obligation authority for the applicable appropriation, ac14 count, or fund increased accordingly. Likewise, any reim15 bursements received for such costs may be credited to the

16 same appropriation, account, or fund to which the ex17 penses were charged: Provided, That reimbursements

18 which are not received within one hundred and eighty days

19 after submission of an appropriate request for payment

20 shall be subject to interest at the current rate established

21 pursuant to section 2(b)(1)(B) of the Export-Import Bank

22 Act of 1945 (59 Stat. 526). Interest shall begin to accrue

23 on the one hundred and eighty-first day following submis24 sion of an appropriate request for payment: Provided fur25 ther, That funds appropriated in this Act may be used to
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1 reimburse United States military personnel for reasonable

2 costs of subsistence, at rates to be determined by the Sec3 retary of Defense, incurred while accompanying Soviet In4 spection Team members or inspection team members of

5 the successor entities of the Soviet Union engaged in ac6 tivities related to the INF Treaty: Provided further, That

7 this provision includes only the in-country period (referred

8 to in the INF Treaty) and is effective whether such duty

9 is performed at, near, or away from an individual’s perma10 nent duty station.

11 SEC. 8034. Funds available in this Act may be used

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

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

14 the Vietnam era to an annual meeting in the United

15 States, under such regulations as the Secretary of Defense

16 may prescribe.

17 SEC. 8035. None of the funds available in this Act

18 to the Department of Defense or Navy shall be obligated

19 or expended for (or to implement) automatic data process20 ing, data processing center, central design activity, DMRD

21 918, defense information infrastructure, military or civil22 ian personnel and finance and accounting function consoli23 dation plans, consolidations, and disestablishment or re24 alignment plans that impact, in terms of reductions in

25 force or transfers in military and civilian personnel, end
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1 strength, billets, functions, or missions, the Enlisted Per2 sonnel Management Center, the Naval Computer and

3 Telecommunications Station and Defense Accounting Of4 fice, New Orleans, and the Naval Reserve Personnel Cen5 ter and related missions, functions, and commands until

6 sixty legislative days after the Secretary of Defense sub7 mits to the House and Senate Committees on Appropria8 tions a report, including complete review comments and

9 a certification, by both the Secretary of Defense and the

10 Comptroller General, justifying and certifying that such

11 plans and actions: (1) do not consolidate, plan to consoli12 date, disestablish or realign Department of Defense or

13 Service data processing functions or centers, central de14 sign activities, finance and accounting or military and ci15 vilian personnel functions and activities, or claim savings

16 from such function and activity consolidations and dis17 establishment, realignment, or consolidation plans, that

18 are in more than one defense management report plan or

19 decision or any other Department of Defense or Service

20 consolidation, disestablishment, or realignment plan; (2)

21 utilize criteria primarily weighted to evaluate, measure,

22 and compare how data processing centers, central design

23 activities, financing and accounting and military and civil24 ian personnel functions and activities are ranked in terms

25 of operational readiness, customer satisfaction, and the
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1 most cost effective and least expensive from a business

2 performance, and regional operations cost standpoint; (3)

3 will provide equal or better service for DOD customers;

4 (4) will not adversely impact the quality of life and bene5 fits of the individual service person, dependents, and civil6 ian personnel; and (5) will not adversely impact the mis7 sion and readiness of the Navy and Naval Reserves: Pro8 vided, That none of the provisions in this section shall,

9 in any way, affect the implementation of the Defense Base

10 Closure and Realignment Commission recommendations.

11 SEC. 8036. Notwithstanding any other provision of

12 law, during the current fiscal year, the Secretary of De13 fense may, by Executive Agreement, establish with host

14 nation governments in NATO member states a separate

15 account into which such residual value amounts negotiated

16 in the return of United States military installations in

17 NATO member states may be deposited, in the currency

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

19 the United States Treasury: Provided, That such credits

20 may be utilized only for the construction of facilities to

21 support United States military forces in that host nation,

22 or such real property maintenance and base operating

23 costs that are currently executed through monetary trans24 fers to such host nations: Provided further, That the De25 partment of Defense’s budget submission for fiscal year
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1 1995 shall identify such sums anticipated in residual value

2 settlements, and identify such construction, real property

3 maintenance or base operating costs that shall be funded

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

5 That all military construction projects to be executed from

6 such accounts must be previously approved in a prior Act

7 of Congress: Provided further, That each such Executive

8 Agreement with a NATO member host nation shall be re9 ported to the Committees on Appropriations and Armed

10 Services of the House of Representatives and the Senate

11 thirty days prior to the conclusion and endorsement of any

12 such agreement established under this provision.

13 SEC. 8037. All obligations incurred in anticipation of

14 the appropriations and authority provided in this Act are

15 hereby ratified and confirmed if otherwise in accordance

16 with the provisions of this Act.

17 SEC. 8038. None of the funds available to the De18 partment of Defense in this Act shall be used to demili19 tarize or dispose of more than 310,784 unserviceable M1

20 Garand rifles and M1 Carbines.

21 SEC. 8039. Notwithstanding any other provision of

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

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

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

25 Code, in a lump sum.
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1 SEC. 8040. None of the funds appropriated by this

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

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

4 he or she supervises is considered as a basis for this deter5 mination: Provided, That savings that result from this

6 provision are represented as such in future budget

7 proposals.

8 SEC. 8041. Of the funds appropriated by this Act,

9 no more than $18,500,000 shall be available for the men10 tal health care demonstration project at Fort Bragg,

11 North Carolina: Provided, That adjustments may be made

12 for normal and reasonable price and program growth.

13 SEC. 8042. None of the funds appropriated by this

14 Act may be used to pay health care providers under the

15 Civilian Health and Medical Program of the Uniformed

16 Services (CHAMPUS) for services determined under the

17 CHAMPUS Peer Review Organization (PRO) Program to

18 be not medically or psychologically necessary. The Sec19 retary of Defense may by regulation adopt any quality and

20 utilization review requirements and procedures in effect

21 for the Peer Review Organization Program under title

22 XVIII of the Social Security Act (Medicare) that the Sec23 retary determines necessary, and may adapt the Medicare

24 requirements and procedures to the circumstances of the
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1 CHAMPUS PRO Program as the Secretary determines

2 appropriate.

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

4 Act shall be available for payments under the Department

5 of Defense contract with the Louisiana State University

6 Medical Center involving the use of cats for Brain Missile

7 Wound Research, and the Department of Defense shall

8 not make payments under such contract from funds obli9 gated prior to the date of the enactment of this Act, except

10 as necessary for costs incurred by the contractor prior to

11 the enactment of this Act, and until thirty legislative days

12 after the final General Accounting Office report on the

13 aforesaid contract is submitted for review to the Commit14 tees on Appropriations of the House of Representatives

15 and the Senate: Provided, That funds necessary for the

16 care of animals covered by this contract are allowed.

17 SEC. 8044. None of the funds provided in this Act

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

19 research at the Letterman Army Institute of Research

20 until the Secretary of the Army certifies that the synthetic

21 compound to be used in the experiments is of such a type

22 that its use will result in a significant medical finding,

23 the research has military application, the research will be

24 conducted in accordance with the standards set by an ani25 mal care and use committee, and the research does not
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1 duplicate research already conducted by a manufacturer

2 or any other research organization.

3 SEC. 8045. The Secretary of Defense shall include

4 in any base closure and realignment plan submitted to

5 Congress after the date of enactment of this Act, a com6 plete review for the five-year period beginning on Octo7 ber 1, 1993, which shall include expected force structure

8 and levels for such period, expected installation require9 ments for such period, a budget plan for such period, the

10 cost savings expected to be realized through realignments

11 and closures of military installations during such period,

12 an economics model to identify the critical local economic

13 sectors affected by proposed closures and realignments of

14 military installations and an assessment of the economic

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

16 be realigned or closed.

17 SEC. 8046. No more than $50,000 of the funds ap18 propriated or made available in this Act shall be used for

19 any single relocation of an organization, unit, activity or

20 function of the Department of Defense into or within the

21 National Capital Region: Provided, That the Secretary of

22 Defense may waive this restriction on a case-by-case basis

23 by certifying in writing to the Committees on Appropria24 tions of the House of Representatives and Senate that

25 such a relocation is required in the best interest of the
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1 Government: Provided further, That no funds appropriated

2 or made available in this Act shall be used for the reloca3 tion into the National Capital Region of the Air Force Of4 fice of Medical Support located at Brooks Air Force Base.

5 SEC. 8047. During the current fiscal year, funds ap6 propriated or otherwise available for any Federal agency,

7 the Congress, the judicial branch, or the District of Co8 lumbia may be used for the pay, allowances, and benefits

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

10 an individual employed by the government of the District

11 of Columbia, permanent or temporary indefinite, who—

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

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

14 or the National Guard, as described in section 101

15 of title 32;

16 (2) performs, for the purpose of providing mili17 tary aid to enforce the law or providing assistance

18 to civil authorities in the protection or saving of life

19 or property or prevention of injury—

20 (A) Federal service under section 331,

21 332, 333, 3500, or 8500 of title 10, or other

22 provision of law, as applicable, or

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

24 the District of Columbia, the Commonwealth of
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1 Puerto Rico, or a territory of the United States;

2 and

3 (3) requests and is granted—

4 (A) leave under the authority of this sec5 tion; or

6 (B) annual leave, which may be granted

7 without regard to the provisions of sections

8 5519 and 6323(b) of title 5, if such employee

9 is otherwise entitled to such annual leave:

10 Provided, That any employee who requests leave under

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

12 of this section is entitled to such leave, subject to the pro13 visions of this section and of the last sentence of section

14 6323(b) of title 5, and such leave shall be considered leave

15 under section 6323(b) of title 5.

16 SEC. 8048. None of the funds appropriated by this

17 Act shall be available to perform any cost study pursuant

18 to the provisions of OMB Circular A–76 if the study being

19 performed exceeds a period of twenty-four months after

20 initiation of such study with respect to a single function

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

22 for a multi-function activity.

23 SEC. 8049. Funds appropriated by this Act for the

24 American Forces Information Service shall not be used for
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1 any national or international political or psychological ac2 tivities.

3 SEC. 8050. Notwithstanding any other provision of

4 law or regulation, the Secretary of Defense may adjust

5 wage rates for civilian employees hired for certain health

6 care occupations as authorized for the Secretary of Veter7 ans Affairs by section 7455 of title 38, United States

8 Code.

9 SEC. 8051. During the current fiscal year, none of

10 the funds appropriated in this Act may be used to reduce

11 the military or civilian medical and medical support per12 sonnel end strength as of September 30, 1993, as defined

13 by section 711(c) of Public Law 101–510: Provided, That

14 none of the funds appropriated in this Act may be used

15 to reduce the military or civilian medical and medical sup16 port personnel end strength at a base undergoing a partial

17 closure or realignment, where more than one joint com18 mand is located, below the September 30, 1991 level.

19 SEC. 8052. Of the funds made available in this Act,

20 not less than $11,679,000 shall be available for the Civil

21 Air Patrol, of which $4,642,000 shall be available for

22 Operation and Maintenance.

23 SEC. 8053. None of the funds appropriated or made

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

25 the operation of the 815th Weather Squadron of the Air
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1 Force Reserve, if such action would reduce the WC–130

2 Weather Reconnaissance mission below the levels funded

3 in this Act.

4 SEC. 8054. During the current fiscal year, with5 drawal credits may be made by the Defense Business Op6 erations Fund to the credit of current applicable appro7 priations of an activity of the Department of Defense in

8 connection with the acquisition by that activity of supplies

9 that are repairable components which are repairable at a

10 repair depot and that are capitalized into the Defense

11 Business Operations Fund as the result of management

12 changes concerning depot level repairable assets charged

13 to an activity of the Department of Defense which is a

14 customer of the Defense Business Operations Fund that

15 became effective on April 1, 1992.

16 SEC. 8055. (a) Of the funds for the procurement of

17 supplies or services appropriated by this Act, qualified

18 nonprofit agencies for the blind or other severely handi19 capped shall be afforded the maximum practicable oppor20 tunity to participate as subcontractors and suppliers in the

21 performance of contracts let by the Department of De22 fense.

23 (b) During the current fiscal year, a business concern

24 which has negotiated with a military service or defense

25 agency a subcontracting plan for the participation by
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1 small business concerns pursuant to section 8(d) of the

2 Small Business Act (15 U.S.C. 637(d)) shall be given

3 credit toward meeting that subcontracting goal for any

4 purchases made from qualified nonprofit agencies for the

5 blind or other severely handicapped.

6 (c) For the purpose of this section, the phrase ‘‘quali7 fied nonprofit agency for the blind or other severely handi8 capped’’ means a nonprofit agency for the blind or other

9 severely handicapped that has been approved by the Com10 mittee for the Purchase from the Blind and Other Severely

11 Handicapped under the Javits-Wagner-O’Day Act (41

12 U.S.C. 46–48).

13 SEC. 8056. During the current fiscal year and there14 after, there is established, under the direction and control

15 of the Attorney General, the National Drug Intelligence

16 Center, whose mission it shall be to coordinate and con17 solidate drug intelligence from all national security and

18 law enforcement agencies, and produce information re19 garding the structure, membership, finances, communica20 tions, and activities of drug trafficking organizations: Pro21 vided, That funding for the operation of the National

22 Drug Intelligence Center, including personnel costs associ23 ated therewith, shall be provided from the funds appro24 priated to the Department of Defense.
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1 SEC. 8057. During the current fiscal year and there2 after, the Navy may provide notice to exercise options

3 under the LEASAT program for the next fiscal year, in

4 accordance with the terms of the Aide Memoire, dated

5 January 5, 1981, as amended by the Aide Memoire dated

6 April 30, 1986, and as implemented in the LEASAT con7 tract.

8 SEC. 8058. During the current fiscal year, net re9 ceipts pursuant to collections from third party payers pur10 suant to section 1095 of title 10, United States Code, shall

11 be made available to the local facility of the uniformed

12 services responsible for the collections and shall be over

13 and above the facility’s direct budget amount.

14 SEC. 8059. None of the funds in this Act shall be

15 obligated for the procurement of Multibeam Sonar Map16 ping Systems, and supporting software, not engineered

17 and manufactured in the United States: Provided, That

18 the Secretary of the military department responsible for

19 such procurement may waive this restriction on a case20 by-case basis by certifying in writing to the Committees

21 on Appropriations of the House of Representatives and the

22 Senate that adequate domestic supplies are not available

23 to meet Department of Defense requirements on a timely

24 basis and that such an acquisition must be made in order

25 to acquire capability for national security purposes.
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1 SEC. 8060. During the current fiscal year and there2 after, notwithstanding any other provision of law, the De3 partment of Defense is hereby authorized to develop and

4 procure the LANDSAT 7 vehicle.

5 SEC. 8061. None of the funds appropriated in this

6 Act may be used to fill the commander’s position at any

7 military medical facility with a health care professional

8 unless the prospective candidate can demonstrate profes9 sional administrative skills.

10 SEC. 8062. Of the funds appropriated by this Act for

11 the Defense Health Program, notwithstanding any other

12 provision of law, the amount payable for services provided

13 under this section shall not be less than the amount cal14 culated under the coordination of benefits reimbursement

15 formula utilized when CHAMPUS is a secondary payor

16 to medical insurance programs other than Medicare, and

17 such appropriations as necessary shall be available (not18 withstanding the last sentence of section 1086(c) of title

19 10, United States Code) to continue Civilian Health and

20 Medical Program of the Uniformed Services (CHAMPUS)

21 benefits, until age 65, under such section for a former

22 member of a uniformed service who is entitled to retired

23 or retainer pay or equivalent pay, or a dependent of such

24 a member, or any other beneficiary described by section

25 1086(c) of title 10, United States Code, who becomes eligi-
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1 ble for hospital insurance benefits under part A of title

2 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)

3 solely on the grounds of physical disability, or end stage

4 renal disease: Provided, That expenses under this section

5 shall only be covered to the extent that such expenses are

6 not covered under parts A and B of title XVIII of the

7 Social Security Act and are otherwise covered under

8 CHAMPUS: Provided further, That no reimbursement

9 shall be made for services provided prior to October 1,

10 1991.

11 SEC. 8063. During the current fiscal year, the Sec12 retary of Defense may accept burdensharing contributions

13 in the form of money from Japan, the Republic of Korea,

14 and the State of Kuwait for the costs of local national

15 employees, supplies, and services of the Department of De16 fense to be credited to applicable Department of Defense

17 operation and maintenance appropriations available for

18 the salaries and benefits of national employees of Japan,

19 the Republic of Korea, and the State of Kuwait, supplies,

20 and services to be merged with and to be available for the

21 same purposes and time period as those appropriations to

22 which credited: Provided, That not later than 30 days

23 after the end of each quarter of the fiscal year, the Sec24 retary of Defense shall submit to the Congress a report
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1 of contributions accepted by the Secretary under this pro2 vision during the preceding quarter.

3 SEC. 8064. (a) Funds appropriated in this Act to fi4 nance activities of Department of Defense (DOD) Feder5 ally Funded Research and Development Centers

6 (FFRDCs) may not be obligated or expended for an

7 FFRDC if a member of its Board of Directors or Trustees

8 simultaneously serves on the Board of Directors or Trust9 ees of a profit-making company under contract to the De10 partment of Defense unless the FFRDC has a DOD ap11 proved conflict 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 SEC. 8065. None of the funds appropriated or made

19 available in this Act shall be used to procure carbon, alloy

20 or armor steel plate for use in any Government-owned fa21 cility or property under the control of the Department of

22 Defense which were not melted and rolled in the United

23 States or Canada: Provided, That these procurement re24 strictions shall apply to any and all Federal Supply Class

25 9515, American Society of Testing and Materials (ASTM)
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1 or American Iron and Steel Institute (AISI) specifications

2 of carbon, alloy or armor steel plate: Provided further,

3 That the Secretary of the military department responsible

4 for the procurement may waive this restriction on a case5 by-case basis by certifying in writing to the Committees

6 on Appropriations of the House of Representatives and the

7 Senate that adequate domestic supplies are not available

8 to meet Department of Defense requirements on a timely

9 basis and that such an acquisition must be made in order

10 to acquire capability for national security purposes: Pro11 vided further, That these restrictions shall not apply to

12 contracts which are in being as of the date of enactment

13 of this Act.

14 SEC. 8066. Notwithstanding any other provision of

15 law, no more than 15 percent of the funds available to

16 the Department of Defense for sealift may be used to ac17 quire, directly or indirectly, through charter or purchase,

18 ships constructed in foreign shipyards: Provided, That

19 ships acquired as provided above shall be necessary to sat20 isfy the shortfalls identified in the Mobility Requirements

21 Study: Provided further, That any work required to con22 vert foreign built ships acquired as provided above to Unit23 ed States Coast Guard and American Bureau of Shipping

24 standards, or conversion to a more useful military configu25 ration, must be accomplished in United States domestic
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1 shipyards: Provided further, That none of the funds shall

2 be used to purchase the following major components:

3 bridge or machinery control systems, or interior commu4 nications equipment, auxiliary equipment, including

5 pumps for all shipboard services, propulsion system com6 ponents (that is, engines, reduction gears, and propellers),

7 shipboard cranes, and spreaders for shipboard cranes for

8 sealift ships unless the systems or equipment, and their

9 components, are manufactured in the United States: Pro10 vided further, That the Secretary of the military depart11 ment responsible for such procurement may waive this re12 striction on a case-by-case basis by certifying in writing

13 to the Committees on Appropriations of the House of Rep14 resentatives and the Senate that adequate domestic sup15 plies are not available to meet Department of Defense re16 quirements on a timely basis and that such an acquisition

17 must be made in order to acquire capability for national

18 security purposes.

19 SEC. 8067. For the purposes of this Act, the term

20 ‘‘congressional defense committees’’ means the Commit21 tees on Armed Services, the Committees on Appropria22 tions, and the subcommittees on Defense of the Committee

23 on Appropriations, of the Senate and the House of Rep24 resentatives.
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1 SEC. 8068. Notwithstanding any other provision of

2 law, during the current fiscal year, the Secretary of De3 fense may acquire the modification, depot maintenance

4 and repair of aircraft, vehicles and vessels as well as the

5 production of components and other Defense-related arti6 cles, through competition between Department of Defense

7 depot maintenance activities and private firms: Provided,

8 That the Senior Acquisition Executive of the military de9 partment or defense agency concerned, with power of dele10 gation, shall certify that successful bids include com11 parable estimates of all direct and indirect costs for both

12 public and private bids: Provided further, That Office of

13 Management and Budget Circular A–76 shall not apply

14 to competitions conducted under this section.

15 SEC. 8069. (a)(1) If the Secretary of Defense, after

16 consultation with the United States Trade Representative,

17 determines that a foreign country which is party to an

18 agreement described in paragraph (2) has violated the

19 terms of the agreement by discriminating against certain

20 types of products produced in the United States that are

21 covered by the agreement, the Secretary of Defense shall

22 rescind the Secretary’s blanket waiver of the Buy Amer23 ican Act with respect to such types of products produced

24 in that foreign country.
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1 (2) An agreement referred to in paragraph (1) is any

2 reciprocal defense procurement memorandum of under3 standing, between the United States and a foreign country

4 pursuant to which the Secretary of Defense has prospec5 tively waived the Buy American Act for certain products

6 in that country.

7 (b) The Secretary of Defense shall submit to Con8 gress a report on the amount of Department of Defense

9 purchases from foreign entities in fiscal year 1994. Such

10 report shall separately indicate the dollar value of items

11 for which the Buy American Act was waived pursuant to

12 any agreement described in subsection (a)(2), the Trade

13 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

14 international agreement to which the United States is a

15 party.

16 (c) For purposes of this section, the term ‘‘Buy

17 American Act’’ means title III of the Act entitled ‘‘An

18 Act making appropriations for the Treasury and Post

19 Office Departments for the fiscal year ending June 30,

20 1934, and for other purposes’’, approved March 3,

21 1933 (41 U.S.C. 10a et seq.).

22 SEC. 8070. (a) Of the funds made available in this

23 Act in title II, Operation and Maintenance, Army,

24 $5,000,000 shall be available only to execute the cleanup

25 of uncontrolled hazardous waste contamination affecting
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1 the Sale Parcel at Hamilton Air Force Base, in Novato,

2 in the State of California.

3 (b) Notwithstanding any other provision of law, in the

4 event that the purchaser of the Sale Parcel exercises its

5 option to withdraw from all or a portion of the sale, as

6 provided in the Agreement and Modification, dated Sep7 tember 25, 1990, between the Department of Defense, the

8 General Services Administration, and the purchaser, as

9 amended, the purchaser’s deposit of $4,500,000 shall be

10 returned by the General Services Administration and

11 funds eligible for reimbursement under the Agreement and

12 Modification, as amended, shall come from the funds made

13 available to the Department of Defense by this Act.

14 (c) Notwithstanding any other provision of law, in the

15 event that the purchaser purchases only a portion of the

16 Sale Parcel and exercises its option to withdraw from the

17 sale as to the rest of the Sale Parcel, the portion of the

18 Sale Parcel that is not purchased (other than Landfill 26

19 and an appropriate buffer area around it), together with

20 any of the land referred to in section 9099(e) of Public

21 Law 102–396 that is not purchased by the purchaser,

22 shall be sold to the City of Novato, in the State of Califor23 nia, for the sum of One Dollar as a public benefit transfer

24 for school, classroom or other educational use, for use as

25 a public park or recreation area or for further conveyance
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1 as provided herein, subject to the following restrictions:

2 (1) if the City sells any portion of such land to any third

3 party within ten years after the transfer to the City, which

4 sale may be made without the foregoing use restrictions,

5 any proceeds received by the City in connection with such

6 sale, minus the demonstrated reasonable costs of conduct7 ing the sale and of any improvements made by the City

8 to the land following its acquisition of the land (but only

9 to the extent such improvements increase the value of the

10 portion sold), shall be immediately turned over to the

11 Army in reimbursement of the withdrawal payment made

12 by the Army to the contract purchaser and the costs of

13 cleaning up the Landfill and (2) until one year following

14 completion of the cleanup of contaminated soil in the land15 fill and completion of the groundwater treatment facilities,

16 the sale must be at a per-acre price for the portion sold

17 that is at least equal to the per-acre contract price paid

18 by the purchaser for the portion of the Sale Parcel pur19 chased under the Agreement and Modification, as amend20 ed, and thereafter must be at a price at least equal to

21 the fair market value of the portion sold. The foregoing

22 restrictions shall not apply to a transfer to another public

23 or quasi-public agency for public uses of the kind de24 scribed above. The deed to the City shall contain a clause

25 providing that, if any of the proceeds referred to in clause
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1 (1) are not delivered to the Army within 30 days after

2 sale, or any portion of the land not sold as provided herein

3 is used for other than educational, park or recreational

4 uses, title to the applicable portion of such land shall re5 vert to the United States Government at the election of

6 the General Services Administration. The Army shall

7 agree to deliver into the applicable closing escrow an ac8 knowledgement of receipt of any proceeds described in

9 clause (1) above and a release of the reverter right as to

10 the affected land, effective upon such receipt.

11 (d) Notwithstanding any other provision of law, the

12 Air Force shall be reimbursed for expenditures in excess

13 of $15,000,000 in connection with the total clean-up of

14 uncontrolled hazardous waste contamination on the afore15 mentioned Sale Parcel from the proceeds collected upon

16 the closing of any portion of the Sale Parcel purchased

17 by the contract purchaser under the Agreement and Modi18 fication, as amended.

19 SEC. 8071. Notwithstanding any other provision of

20 law, the Secretary of Defense may, when he considers it

21 in the best interest of the United States, cancel any part

22 of an indebtedness, up to $2,500, that is or was owed to

23 the United States by a member or former member of a

24 uniformed service if such indebtedness, as determined by

25 the Secretary, was incurred in connection with Operation
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1 Desert Shield/Storm: Provided, That the amount of an in2 debtedness previously paid by a member or former mem3 ber and cancelled under this section shall be refunded to

4 the member.

5 SEC. 8072. Appropriations contained in this Act that

6 remain available at the end of the current fiscal year as

7 a result of energy cost savings realized by the Department

8 of Defense shall remain available for obligation for the

9 next fiscal year to the extent, and for the purposes, pro10 vided in section 2865 of title 10, United States Code.

11 SEC. 8073. During the current fiscal year, voluntary

12 separation incentives payable under 10 U.S.C. 1175 may

13 be paid in such amounts as are necessary from the assets

14 of the Voluntary Separation Incentive Fund established by

15 section 1175(h)(1).

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8074. Amounts deposited during fiscal years

18 1993 and 1994 to the special account established under

19 40 U.S.C. 485(h)(2) and to the special account established

20 under 10 U.S.C. 2667(d)(1) are appropriated and shall

21 be available until transferred by the Secretary of Defense

22 to current applicable appropriations or funds of the De23 partment of Defense under the terms and conditions speci24 fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

25 2667(d)(1)(B), to be merged with and to be available for
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1 the same time period and the same purposes as the appro2 priation to which transferred.

3 SEC. 8075. In order to maintain an electric furnace

4 capacity in the United States, preference for the purchase

5 of chromite ore and manganese ore authorized for disposal

6 from the National Defense Stockpile shall be given to do7 mestic producers of high carbon ferrochromium and high

8 carbon ferromanganese—

9 (A) whose primary output during the three pre10 ceding years has been ferrochromium or

11 ferromanganese; and

12 (B) who guarantee to use the chromite and

13 manganese ore for domestic purposes.

14 SEC. 8076. During the current fiscal year, none of

15 the funds available to the Department of Defense may be

16 used to procure or acquire (1) defensive handguns or de17 fensive handgun ammunition unless such handguns or

18 handgun ammunition are the M9 9mm Department of De19 fense standard handgun or ammunition for such hand20 guns, or (2) offensive handguns and ammunition except

21 for the Special Operations Forces.

22 SEC. 8077. During the current fiscal year, appropria23 tions available to the Department of Defense may be used

24 to reimburse a member of a reserve component of the

25 Armed Forces who is not otherwise entitled to travel and
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1 transportation allowances and who occupies transient gov2 ernment housing while performing active duty for training

3 or inactive duty training: Provided, That such members

4 may be provided lodging in kind if transient government

5 quarters are unavailable as if the member was entitled to

6 such allowances under subsection (a) of section 404 of title

7 37, United States Code: Provided further, That if lodging

8 in kind is provided, any authorized service charge or cost

9 of such lodging may be paid directly from funds appro10 priated for operation and maintenance of the reserve com11 ponent of the member concerned.

12 SEC. 8078. For fiscal year 1994, the total amount

13 appropriated to fund the Uniformed Services Treatment

14 Facilities program, operated pursuant to section 911 of

15 Public Law 97–99 (42 U.S.C. 248c), is limited to

16 $291,000,000, of which not more than $265,000,000 may

17 be provided by the funds appropriated by this Act.

18 SEC. 8079. None of the funds available in this Act

19 may be used to support in any manner, including travel

20 or other related expenses, the ‘‘Tailhook Association’’:

21 Provided, That investigations by the Secretary of the Navy

22 or consultation with the Tailhook Association are not pro23 hibited by this provision.

24 SEC. 8080. During the current fiscal year and there25 after, from funds available to the Department of Defense,
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1 the Director of the Air National Guard shall operate a

2 Command, Control, Communications and Intelligence

3 planning office manned by three full-time Air Guard offi4 cers in the rank of O–6, O–5, and O–4: Provided, That

5 these officers shall be in addition to the strengths author6 ized in section 524 of title 10, United States Code.

7 SEC. 8081. None of the funds appropriated in this

8 Act or made available to the Department of Defense and

9 deposited into the Pentagon Reservation Maintenance Re10 volving Fund may be used for the purpose of constructing

11 a Pentagon Maintenance Facility, a Logistics Support Ex12 tension, or any other building not an integral part of the

13 present Pentagon building.

14 SEC. 8082. The President shall include with each

15 budget for a fiscal year submitted to the Congress under

16 section 1105 of title 31, United States Code, materials

17 that shall identify clearly and separately the amounts re18 quested in the budget for appropriation for that fiscal year

19 for salaries and expenses related to administrative activi20 ties of the Department of Defense, the military

21 departments, and the Defense Agencies.

22 SEC. 8083. None of the funds available to the De23 partment of Defense may be obligated or expended for

24 construction of Ground Wave Emergency Network

25 (GWEN) sites in Fiscal Year 1994.
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1 SEC. 8084. The $15,000,000 made available in sec2 tion 9088 of the Department of Defense Appropriations

3 Act, 1993 (Public Law 102–396) for payment of claims

4 to United States military and civilian personnel for dam5 ages incurred as a result of the volcanic eruption of Mount

6 Pinatubo in the Philippines, shall remain available for ob7 ligation until September 30, 1994, notwithstanding sec8 tion 9003 of that Act.

9 (TRANSFER OF FUNDS)

10 SEC. 8085. In addition to any other transfer author11 ity contained in this Act, $100,000,000 appropriated in

12 this Act under the heading ‘‘Operation and Maintenance,

13 Defense-Wide’’ may be transferred to appropriations con14 tained in this Act which are available for the payment of

15 civilian voluntary separation incentives, to be merged with

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

17 time period as the appropriations to which transferred.

18 SEC. 8086. During the current fiscal year, amounts

19 contained in the Department of Defense Overseas Military

20 Facility Investment Recovery Account established by sec21 tion 2921(c)(1) of the National Defense Authorization Act

22 of 1991, (Public Law 101–510; 10 U.S.C. 2687 note)

23 shall be available until expended for the payments speci24 fied by section 2921(c)(2) of that Act.

25 SEC. 8087. During the current fiscal year, annual

26 payments granted under the provisions of section 4416 of
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1 the National Defense Authorization Act for fiscal year

2 1993 (Public Law 102–428; 106 Stat. 2714) shall be

3 made from appropriations in this Act which are available

4 for the pay of reserve component personnel.

5 SEC. 8088. None of the funds appropriated by this

6 Act may be used to relocate the 116th Fighter Wing of

7 the Air National Guard from Dobbins Air Reserve Base

8 to Robins Air Force Base, or to convert that wing from

9 F–15A aircraft to B–1B aircraft.

10 SEC. 8089. (a) IN GENERAL.—Subject to subsection

11 (b), the Secretary of the Army may release, discharge,

12 waive, and quitclaim all right, title, and interest which the

13 United States may have by virtue of the quitclaim deed

14 dated June 18, 1956, in and to approximately 6.89 acres

15 of real property, with improvements thereon, in Harris

16 County, Texas.

17 (b) CONDITION.—The Secretary may carry out sub18 section (a) only after obtaining satisfactory assurances

19 that the State of Texas shall obtain, in exchange for the

20 real property referred to in subsection (a), a tract of real

21 property—

22 (1) which is at least equal in value to the real

23 property referred to in subsection (a), and

24 (2) which shall be, on the date on which the

25 State obtains it, subject to the same restrictions and
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1 covenants with respect to the Federal Government

2 as are applicable on the date of the enactment of

3 this Act to the real property referred to in sub4 section (a).

5 (c) LEGAL DESCRIPTION OF REAL PROPERTY.—The

6 exact acreage and legal description of the real property

7 referred to in subsection (a) shall be based upon surveys

8 that are satisfactory to the Secretary.

9 SEC. 8090. None of the funds appropriated by this

10 Act shall be used to procure aircraft fuel cells unless the

11 fuel cells are produced or manufactured in the United

12 States by a domestic-owned and domestic-operated entity:

13 Provided, That the Secretary of the military department

14 responsible for the procurement may waive this restriction

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

16 Committees on Appropriations of the House of Represent17 atives and the Senate that adequate domestic supplies are

18 not available to meet Department of Defense requirements

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

20 made in order to acquire capability for national security

21 purposes.

22 SEC. 8091. (a) Notwithstanding any other provision

23 of law, not less than $750,000 of the funds appropriated

24 under the heading ‘‘Operation and Maintenance, Army’’

25 in title II of this Act shall be made available until ex-
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1 pended to conduct a demonstration program involving the

2 Army Senior Reserve Officers’ Training Corps battalion

3 at Indiana University-Northwest and Army Junior Re4 serve Officers’ Training Corps units near the University.

5 The purpose of the program shall be to encourage minor6 ity students in secondary educational institutions to con7 tinue their education.

8 (b) Under the program, Senior Reserve Officers’

9 Corps cadets may serve as mentors and tutors for students

10 in Junior Reserve Officers’ Corps units. Cadets and stu11 dents may participate in combined activities, including

12 summer camps, field training, and other traditional mili13 tary activities.

14 (c) Senior Reserve Officers’ Corps cadets who serve

15 as mentors and tutors may be paid a stipend.

16 (d) After a cadet has satisfactorily served in the pro17 gram, under criteria established by the Secretary of the

18 Army and for a period of time determined by the Sec19 retary, the cadet may be provided financial assistance tui20 tion, books, laboratory fees, and similar educational ex21 penses if the cadet continues to serve satisfactorily in the

22 program.

23 SEC. 8092. During the current fiscal year, appropria24 tions which are available to the Department of Defense

25 for operation and maintenance may be used to purchase
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1 items having an investment item unit cost of not more

2 than $50,000.

3 SEC. 8093. None of the funds appropriated by this

4 Act shall be available for direct or indirect support of the

5 joint Department of Defense/Department of Energy Safe6 guard C contingent nuclear testing program.

7 SEC. 8094. In connection with procurements of petro8 leum products made by the Department of Defense with

9 appropriated funds, the Secretary shall consider all quali10 fied bids from any eligible country under the Caribbean

11 Basin Economic Recovery Act which is hereby deemed a

12 designated country pursuant to 19 U.S.C. 2511(b).

13 SEC. 8095. During the current fiscal year, appropria14 tions available for the pay and allowances of active duty

15 members of the Armed Forces shall be available to pay

16 the retired pay which is payable pursuant to section 4403

17 of Public Law 102–484 (10 U.S.C. 1293 note) under the

18 terms and conditions provided in section 4403.

19 SEC. 8096. None of the funds appropriated in this

20 Act may be used to pay the salaries of more than two

21 Senior Executive Service positions within the Office of the

22 Assistant Secretary of the Army for Civil Works: Provided,

23 That the individuals in these positions may not be com24 pensated at a rate higher than level three of the Senior

25 Executive Service.
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1 SEC. 8097. (a) During the current fiscal year, none

2 of the appropriations or funds available to the Defense

3 Business Operations Fund shall be used for the purchase

4 of an investment item for the purpose of acquiring a new

5 inventory item for sale or anticipated sale during the cur6 rent fiscal year or a subsequent fiscal year to customers

7 of the Defense Business Operations Fund if such an item

8 would not have been chargeable to the Defense Business

9 Operations Fund during fiscal year 1993 and if the pur10 chase of such an investment item would be chargeable dur11 ing the current fiscal year to appropriations made to the

12 Department of Defense for procurement.

13 (b) The fiscal year 1995 budget request for the De14 partment of Defense as well as all justification material

15 and other documentation supporting the fiscal year 1995

16 Department of Defense budget shall be prepared and sub17 mitted to the Congress on the basis that any equipment

18 which was classified as an end item and funded in a pro19 curement appropriation contained in this Act shall be

20 budgeted for in a proposed fiscal year 1995 procurement

21 appropriation and not in the supply management business

22 area or any other area or category of the Defense Business

23 Operations Fund.

24 SEC. 8098. (a) The prohibition in section 133(a)(2)

25 of the National Defense Authorization Act for fiscal years
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1 1990 and 1991 (Public Law 101–189; 103 Stat. 1383)

2 does not apply to the obligation of funds in amounts not

3 to exceed $216,000,000 for the procurement of not more

4 than 36 OH–58D Scout aircraft from funds appropriated

5 in title III of this Act.

6 (b) The prohibition in section 132(a)(2) of the Na7 tional Defense Authorization Act for 1990 and 1991 (Pub8 lic Law 101–189; 103 Stat. 1383) does not apply to the

9 obligation of funds in amounts not to exceed

10 $368,430,000 for the procurement of not more than 24

11 AH–64 aircraft from funds appropriated in title III of this

12 Act.

13 SEC. 8099. (a) FINDINGS.—The Congress finds

14 that—

15 (1) the United States Government has not

16 made adequate efforts to seek the payment of com17 pensation by the government of Peru for the death

18 and injuries to United States military personnel re19 sulting from the attack by aircraft of the military

20 forces of Peru on April 24, 1992, against a United

21 States Air Force C–130 aircraft operating off the

22 coast of Peru; and

23 (2) in failing to make such efforts adequately,

24 the United States Government has failed in its obli25 gation to support the servicemen and their families
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1 involved in the incident and generally to support

2 members of the Armed Forces carrying out missions

3 on behalf of the United States.

4 (b) SEMIANNUAL REPORT.—The Secretary of De5 fense shall submit a report to Congress on December 1

6 and June 1 of each year on the efforts made by the Gov7 ernment of the United States during the preceding six8 month period to seek the payment of fair and equitable

9 compensation by the Government of Peru (1) to the survi10 vors of Master Sergeant Joseph Beard, Jr., United States

11 Air Force, who was killed in the attack described in sub12 section (a), and (2) to the other crew members who were

13 wounded in the attack and survived.

14 (c) TERMINATION OF REPORT REQUIREMENT.—The

15 requirement in subsection (b) shall terminate upon certifi16 cation by the Secretary of Defense to Congress that the

17 Government of Peru has paid fair and equitable com18 pensation as described in subsection (b).

19 SEC. 8100. Notwithstanding any other provision of

20 law or regulation, the Department of Defense is directed

21 to use available off the shelf, nondevelopmental items in

22 filling small craft and small boat requirements when at

23 all possible.

24 SEC. 8101. No part of the funds in this Act shall

25 be available to prepare or present a request to the Com-
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1 mittees on Appropriations for reprogramming of funds,

2 unless for higher priority items, based on unforeseen mili3 tary requirements, than those for which originally appro4 priated and in no case where the item for which

5 reprogramming is requested has been denied by the Con6 gress.

7 SEC. 8102. None of the funds appropriated by this

8 Act shall be available for payment of the compensation

9 of personnel assigned to or serving in the National For10 eign Intelligence Program in excess of 96 percent of such

11 personnel actually assigned to or serving in the National

12 Foreign Intelligence Program on September 30, 1992:

13 Provided, That in making any reduction in the number

14 of such personnel that may be required pursuant to this

15 section, the percentage of reductions to Senior Intelligence

16 Service positions shall be equal to or exceed the percentage

17 of reductions to non-Senior Intelligence Service positions:

18 Provided further, That in making any reduction in the

19 number of such personnel that may be required pursuant

20 to this section, the percentage of reductions to positions

21 in the National Capital Region shall be equal to or exceed

22 the percentage of reductions to positions outside of the

23 National Capital Region.

24 SEC. 8103. None of the funds provided by this Act

25 may be used to pay the salaries of any person or persons
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1 who authorize the transfer of obligated and deobligated

2 appropriations into the Reserve for Contingencies of the

3 Central Intelligence Agency.

4 SEC. 8104. During the current fiscal year and there5 after, funds appropriated for construction projects of the

6 Central Intelligence Agency, which are transferred to an7 other Agency for execution, shall remain available until ex8 pended.

9 SEC. 8105. During the current fiscal year and there10 after, monetary limitations on the purchase price of a pas11 senger motor vehicle shall not apply to vehicles purchased

12 for intelligence activities conducted pursuant to Executive

13 Order 12333 or successor orders.

14 SEC. 8106. None of the funds appropriated by this

15 Act for programs of the Central Intelligence Agency shall

16 remain available for obligation beyond the current fiscal

17 year, except for funds appropriated for the Reserve for

18 Contingencies, which shall remain available until Septem19 ber 30, 1995.

20 (TRANSFER OF FUNDS)

21 SEC. 8107. During the current fiscal year and there22 after, no funds may be made available through transfer,

23 reprogramming, or other means between the Central Intel24 ligence Agency and the Department of Defense for any

25 intelligence or special activity different from that pre26 viously justified to the Congress unless the Director of
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1 Central Intelligence or the Secretary of Defense has noti2 fied the House and Senate Appropriations Committees of

3 the intent to make such funds available for such activity.

4 SEC. 8108. The classified annex prepared by the

5 Committee on Appropriations to accompany the report on

6 the Department of Defense Appropriations Act, 1994 is

7 hereby incorporated into this Act: Provided, That the

8 amounts specified in the classified Annex are not in addi9 tion to amounts appropriated by other provisions of this

10 Act: Provided further, That the President shall provide for

11 appropriate distribution of the classified Annex, or of ap12 propriate portions of the classified Annex, within the exec13 utive branch of the Government.

14 SEC. 8109. Notwithstanding any other provision of

15 law, funds made available in this Act for the Defense In16 telligence Agency may be used for the design, develop17 ment, and deployment of General Defense Intelligence

18 Program intelligence communications and intelligence in19 formation systems at the Unified and Specified Com20 mands.

21 SEC. 8110. After March 1, 1994, none of the funds

22 appropriated by this Act shall be available for any Na23 tional Foreign Intelligence Program: Provided, That this

24 provision shall not apply for any National Foreign Intel25 ligence Program for which budget exhibits were submitted
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1 to the House Committee on Appropriations which justifies

2 in detail all funds requested for ‘‘base’’, ‘‘ongoing’’, and

3 ‘‘new’’ programs for fiscal year 1995.

4 SEC. 8111. None of the funds appropriated by this

5 Act shall be available for the planning, programming or

6 actual movement of any component or function of the De7 fense Mapping Agency Aerospace Center annex from the

8 St. Louis, Missouri, area.

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8112. In addition to amounts appropriated or

11 otherwise made available by this Act, $21,700,000 is here12 by appropriated to the Department of Defense and shall

13 be available only for transfer to the United States Coast

14 Guard for a 2.2 percent pay increase for uniformed mem15 bers.

16 SEC. 8113. None of the funds appropriated or made

17 available in this Act shall be obligated or expended for the

18 performance of depot-level maintenance by the Depart19 ment of Defense unless such activities are conducted in

20 accordance with section 2466(a) of title 10, United States

21 Code, as amended by Public Law 102–484.

22 SEC. 8114. Notwithstanding any other provision of

23 law, and in accordance with section 2905 of the Defense

24 Base Closure and Realignment Act of 1990, Public Law

25 101–510, the Department of Defense shall proceed with

26 implementation of the 1993 Defense Base Closure and Re-
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1 alignment Commission recommendation concerning the

2 consolidation of tactical missile maintenance at

3 Letterkenny Army Depot.

4 SEC. 8115. Notwithstanding any other provision of

5 law, the Secretary of the Navy shall obligate the funds

6 appropriated for fiscal years 1992 and 1993 for the USH–

7 42 Mission Recorder program for the A–6 aircraft.

8 SEC. 8116. In addition to amounts appropriated else9 where in this Act, $200,000 shall be available only for set10 tlement of claims and interest thereon, associated with

11 contract numbered N62474–86–C–0253 for construction

12 of a multipurpose range complex at the Marine Corps Air

13 Ground Combat Center in Twentynine Palms, California:

14 Provided, That such settlement shall be made pursuant

15 to the recommendation of August 19, 1993, of the Comp16 troller General of the United States (case B–230871.3).

17 SEC. 8117. Not withstanding any other provision of

18 law, none of the funds appropriated for fiscal year 1993

19 and fiscal year 1994 for the DDG–51 destroyer program

20 shall be obligated or expended for procurement of the ring

21 laser gyroscope inertial navigation system under a sole

22 source contract.

23 SEC. 8118. The Secretary of the Navy shall carry out

24 the establishment of the Mine Warfare Center of Excel25 lence at the naval station at Ingleside, Texas (including
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1 the establishment of all subordinate units and the reloca2 tion of Navy mine warfare forces), in accordance with the

3 schedule of the Navy for the establishment of such center

4 and without regard to any alteration in that schedule that

5 would otherwise be required pursuant to any other provi6 sion of law enacted during the first session of the 103d

7 Congress that applies specifically to the construction and

8 operation of that center or to the relocation of Navy mine

9 warfare forces to Ingleside, Texas.

10 SEC. 8119. (a) The amount expended during fiscal

11 year 1994 from funds appropriated by this Act or any

12 prior Department of Defense Appropriations Act shall not

13 exceed $255,795,000,000.

14 (b) The Secretary of Defense and the Director of

15 Central Intelligence shall take such steps as necessary to

16 ensure compliance with the requirement in subsection (a).

17 (c) The provisions of the Impoundment Control Act

18 of 1974 (2 U.S.C. 681 et seq.) shall not apply with respect

19 to funds appropriated by this Act or any prior Department

20 of Defense Appropriations Act to the extent necessary to

21 enable the Secretary of Defense to comply with sub22 section (a).

23 (d) Any payment required to be made by the Depart24 ment of Defense to a business concern that, but for this

25 subsection, would be required to be made during Septem-
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1 ber, 1994 may be made during the period beginning on

2 October 1, 1994, and ending on the date that is 30 days

3 after the date on which the payment would otherwise be

4 required to be made. In determining the amount of any

5 interest penalty under section 3902 of title 31, United

6 States Code, for failure to make any such payment, any

7 period for which the Secretary of Defense, under the pre8 ceding sentence, deferred the required payment date shall

9 not be taken into account.

10 (e)(1) The Secretary of Defense shall, on each of the

11 dates specified in paragraph (2), submit to the Commit12 tees on Appropriations and the Committees on Armed

13 Services of the Senate and House of Representatives a re14 port on the implementation of this section. Each such re15 port shall include—

16 (A) an analysis of cumulative obligations and

17 cumulative expenditures from accounts subject to

18 the limitation in subsection (a) during the period be19 ginning on October 1, 1993, and ending on the last

20 day of the month preceding the month in which the

21 report is to be submitted, including a comparison of

22 such obligations and expenditures with the relevant

23 estimates of outlays made by the Office of Manage24 ment and Budget and the Congressional Budget Of25 fice; and
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1 (B) a description of the specific actions taken

2 by the Secretary to ensure that the Department of

3 Defense meets the requirements of subsection (a).

4 (2) The reports required by paragraph (1) shall be

5 submitted not later than the following dates in 1994:

6 January 15, April 15, July 15, September 15, and October

7 15.

8 (TRANSFER OF FUNDS)

9 SEC. 8120. Upon enactment of this Act, the Sec10 retary of Defense shall make the following transfers of

11 funds: Provided, That the amounts transferred shall be

12 available for the same purposes as the appropriations to

13 which transferred, and for the same time period as the

14 appropriation from which transferred: Provided further,

15 That the amounts shall be transferred between the follow16 ing appropriations in the amounts specified:

17 From:

18 Under the heading, ‘‘Shipbuilding and

19 Conversion, Navy, 1990/1994’’:

20 AOE combat support ship program,

21 $3,459,000;

22 To:

23 Under the heading, ‘‘Shipbuilding and

24 Conversion, Navy, 1986/1990’’:

25 MHC coastal mine hunter program,

26 $3,459,000;
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1 From:

2 Under the heading, ‘‘Shipbuilding and

3 Conversion, Navy, 1990/1994’’:

4 AOE combat support ship program,

5 $46,000;

6 Oceanographic ship program,

7 $538,000;

8 For craft, outfitting, post delivery,

9 and ship special support equipment,

10 $994,000;

11 Under the heading, ‘‘Shipbuilding and

12 Conversion, Navy, 1991/1995’’:

13 For craft, outfitting, and post deliv14 ery, $3,806,000;

15 Under the heading, ‘‘Aircraft Procurement,

16 Navy, 1992/1994’’, $28,710,000;

17 Under the heading, ‘‘Shipbuilding and

18 Conversion, Navy, 1992/1996’’:

19 DDG–51 destroyer program,

20 $41,800,000;

21 For craft, outfitting, and post deliv22 ery, $1,560,000;

23 Under the heading, ‘‘Weapons Procure24 ment, Navy, 1992/1994’’, $36,000,000;

25 To:
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1988/1992’’:

3 SSN–688 attack submarine program,

4 $26,596,000;

5 CVN nuclear aircraft carrier program,

6 $83,600,000;

7 LHD–1 amphibious assault ship pro8 gram, $3,258,000;

9 From:

10 Under the heading, ‘‘Aircraft Procurement,

11 Navy, 1992/1994’’, $28,890,000;

12 Under the heading, ‘‘Aircraft Procurement,

13 Navy, 1993/1995’’, $3,400,000;

14 Under the heading, ‘‘Shipbuilding and

15 Conversion, Navy, 1993/1997’’;

16 Refuelding overhauls, $909,000;

17 DDG–51 destroyer programs,

18 $14,400,000;

19 MHC coastal mine hunter program,

20 $9,343,000;

21 For craft, outfitting and post delivery,

22 $27,250,000;

23 Under the heading, ‘‘Weapons Procure24 ment, Navy, 1993/1995’’, $76,164,000;

25 To:
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1 Under the heading, ‘‘Shipbuilding and

2 Conversion, Navy 1989/1993’’:

3 TRIDENT ballistic missile submarine

4 program, $11,655,000;

5 SSN–688 attack submarine program,

6 $26,972,000;

7 SSN–21 attack submarine program,

8 $40,800,000;

9 DDG–51 destroyer program,

10 $71,500,000;

11 MHC coastal mine hunter program,

12 $9,429,000;

13 From:

14 Under the heading, ‘‘Other Procurement,

15 Navy, 1993/1995’’, $68,361,000;

16 Under the heading, ‘‘Research, Develop17 ment, Test and Evaluation, Navy, 1993/1995’’,

18 $45,000,000;

19 To:

20 Under the heading, ‘‘Shipbuilding and

21 Conversion, Navy 1990/1994’’:

22 TRIDENT ballistic missile submarine

23 program, $7,241,000;

24 DDG–51 destroyer program,

25 $40,100,000;
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1 MCM mine countermeasures program,

2 $7,564,000;

3 T–AGOS surveillance ship program

4 $58,456,000;

5 From:

6 Under the heading, ‘‘Weapons Procure7 ment, Navy, 1993/1995’’, $24,015,000;

8 Under the heading, ‘‘Other procurement,

9 Navy, 1993/1995’’, $102,439,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and

12 Conversion, Navy, 1991/1995’’:

13 SSN–21 attack submarine program,

14 $70,654,000;

15 DDG–51 destroyer program,

16 $31,300,000;

17 Under the heading, ‘‘Shipbuilding and

18 Conversion, Navy, 1993/1997’’:

19 LSD cargo variant ship program,

20 $24,500,000.

21 SEC. 8121. None of the funds in this Act are avail22 able for any board, committee, or panel which develops,

23 sets, defines, or recommends National Foreign Intelligence

24 Program requirements: Provided, That this provision shall

25 not apply to any such board, committee, or panel for which
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1 a majority of the members are not career intelligence or

2 cryptologic professionals.

3 SEC. 8122. The Departments of Defense and Air

4 Force are directed to obligate, no later than thirty days

5 after enactment of this Act, the $55,500,000 appropriated

6 for research and development in Public Law 102–396 only

7 for the continuance of the Space Nuclear Thermal Propul8 sion Program.

9 SEC. 8123. The Secretary of Defense and the Direc10 tor of Central Intelligence shall deliver, in conjunction

11 with the fiscal year 1995 budget request, a report provid12 ing the following information about all research and devel13 opment projects involving the implementation, monitoring,

14 or verification of current and projected international arms

15 control agreements: (a) annual and total budgets, goals,

16 schedules, and priorities; (b) relationships among related

17 projects being funded by the Department of Defense, the

18 National Foreign Intelligence Program, and other depart19 ments and agencies of the Federal Government; and (c)

20 comments by the Arms Control and Disarmament Agency

21 about the relevance of each project to the arms control

22 priorities of the United States.

23 SEC. 8124. Notwithstanding any other provision of

24 law, none of the funds appropriated in this or any other

25 Act shall be used for the purchase of a totally enclosed
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1 lifeboat survival system, which consists of the lifeboat and

2 associated davits and winches, if less than 75 percent of

3 the entire system’s components are manufactured in the

4 United States, and if less than 75 percent of the labor

5 in the manufacture and assembly of the entire system is

6 performed in the United States.

7 SEC. 8125. None of the funds appropriated by this

8 Act may be used (1) to transfer to the United Nations

9 a facility in the continental United States for use as a

10 United Nations peacekeeping facility, or (2) for the ren11 ovation of such a facility in preparation for such a trans12 fer.

13 COMPLIANCE WITH BUY AMERICAN ACT

14 SEC. 8126. No funds appropriated pursuant to this

15 Act may be expended by an entity unless the entity agrees

16 that in expending the assistance the entity will comply

17 with sections 2 through 4 of the Act of March 3, 1933

18 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer19 ican Act’’).

20 SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE

21 SEC. 8127. (a) PURCHASE OF AMERICAN-MADE

22 EQUIPMENT AND PRODUCTS.—In the case of any equip23 ment or products that may be authorized to be purchased

24 with financial assistance provided under this Act, it is the

25 sense of the Congress that entities receiving such assist-
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1 ance should, in expending the assistance, purchase only

2 American-made equipment and products.

3 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

4 providing financial assistance under this Act, the Sec5 retary of Defense shall provide to each recipient of the

6 assistance a notice describing the statement made in sub7 section (a) by the Congress.

8 PROHIBITION OF CONTRACTS

9 SEC. 8128. If it has been finally determined by a

10 court or Federal agency that any person intentionally af11 fixed a fraudulent label bearing a ‘‘Made in America’’ in12 scription, or any inscription with the same meaning, to

13 any product sold in or shipped to the United States that

14 was not made in the United States, such person shall be

15 ineligible to receive any contract or subcontract made with

16 funds provided pursuant to this Act, pursuant to the de17 barment, suspension, and ineligibility procedures de18 scribed in section 9.400 through 9.409 of title 48, Code

19 of Federal Regulations.

20 RECIPROCITY

21 SEC. 8129. (a) GENERAL RULE.—Except as provided

22 in subsection (b), no contract or subcontract may be made

23 with funds authorized under this Act to a company orga24 nized under the laws of a foreign country unless the Sec25 retary finds that such country affords comparable oppor-
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1 tunities to companies organized under laws of the United

2 States.

3 (b) EXCEPTION.—(1) The Secretary may waive the

4 rule stated under subsection (a) if the products or services

5 required are not reasonably available from companies or6 ganized under the laws of the United States. Any such

7 waiver shall be reported to the Congress.

8 (2) Subsection (a) shall not apply to the extent that

9 to do so would violate the General Agreement of Tariffs

10 and Trade or with any other international agreement to

11 which the United States is a party.

12 SEC. 8130. None of the funds appropriated or other13 wise made available by this Act may be used for a defense

14 technology reinvestment project that is not selected pursu15 ant to the applicable competitive selection and other proce16 dures set forth in chapter 148 of title 10, United States

17 Code.

18 This Act may be cited as the ‘‘Department of Defense

19 Appropriations Act, 1994’’.

Passed the House of Representatives September 29,

1993.

Attest:

Clerk.

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