Calendar No. 221

103D CONGRESS

1ST SESSION H. R. 3116

[Report No. 103–153]

AN ACT

Making appropriations for the Department of DeO1994, and for other purposes. fense for the fiscal year ending September 30, CTOBER 4 (legislative day, SEPTEMBER 27), 1993

Received; read twice and referred to the Committee on

Appropriations

OCTOBER 4 (legislative day, SEPTEMBER 27), 1993

Reported with amendments
II

Calendar No. 221

103D CONGRESS

1ST SESSION H. R. 3116

[Report No. 103–153]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 1994, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 4 (legislative day, SEPTEMBER 27), 1993

Received; read twice and referred to the Committee on Appropriations

OCTOBER 4 (legislative day, SEPTEMBER 27), 1993

Reported by Mr. INOUYE, with amendments

[Omit the part struck through and insert the part printed in italic]

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 func-
2

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1 tions administered by the Department of Defense, and for

2 other purposes, namely:

3 TITLE I

4 MILITARY PERSONNEL

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, interest on

7 deposits, gratuities, permanent change of station travel

8 (including all expenses thereof for organizational move9 ments), and expenses of temporary duty travel between

10 permanent duty stations, for members of the Army on ac11 tive duty (except members of reserve components provided

12 for elsewhere), cadets, and aviation cadets; and for pay13 ments pursuant to section 156 of Public Law 97–377, as

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

15 Social Security Act (42 U.S.C. 429(b)), and to the De16 partment of Defense Military Retirement Fund;

17 $21,571,207,000 $21,212,285,000.

18 MILITARY PERSONNEL, NAVY

19 For pay, allowances, individual clothing, interest on

20 deposits, gratuities, permanent change of station travel

21 (including all expenses thereof for organizational move22 ments), and expenses of temporary duty travel between

23 permanent duty stations, for members of the Navy on ac24 tive duty (except members of the Reserve provided for

25 elsewhere), midshipmen, and aviation cadets; and for pay-
3

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1 ments pursuant to section 156 of Public Law 97–377, as

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

3 Social Security Act (42 U.S.C. 429(b)), and to the De4 partment of Defense Military Retirement Fund;

5 $18,633,383,000 $18,156,982,000.

6 MILITARY PERSONNEL, MARINE CORPS

7 For pay, allowances, individual clothing, interest on

8 deposits, gratuities, permanent change of station travel

9 (including all expenses thereof for organizational move10 ments), and expenses of temporary duty travel between

11 permanent duty stations, for members of the Marine

12 Corps on active duty (except members of the Reserve pro13 vided for elsewhere); and for payments pursuant to section

14 156 of Public Law 97–377, as amended (42 U.S.C. 402

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

16 U.S.C. 429(b)), and to the Department of Defense Mili17 tary Retirement Fund; $5,763,117,000 $5,755,272,000.

18 MILITARY PERSONNEL, AIR FORCE

19 For pay, allowances, individual clothing, interest on

20 deposits, gratuities, permanent change of station travel

21 (including all expenses thereof for organizational move22 ments), and expenses of temporary duty travel between

23 permanent duty stations, for members of the Air Force

24 on active duty (except members of reserve components

25 provided for elsewhere), cadets, and aviation cadets; and
4

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

2 377, as amended (42 U.S.C. 402 note), to section 229(b)

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

4 Department of Defense Military Retirement Fund;

5 $15,916,937,000 $15,662,809,000.

6 RESERVE PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities,

8 travel, and related expenses for personnel of the Army Re9 serve on active duty under sections 265, 3021, and 3038

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

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

12 in connection with performing duty specified in section

13 678(a) of title 10, United States Code, or while under14 going reserve training, or while performing drills or equiv15 alent duty or other duty, and for members of the Reserve

16 Officers’ Training Corps, and expenses authorized by sec17 tion 2131 of title 10, United States Code, as authorized

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

19 Military Retirement Fund; $2,143,272,000

20 $2,138,416,000.

21 RESERVE PERSONNEL, NAVY

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

23 travel, and related expenses for personnel of the Navy Re24 serve on active duty under section 265 of title 10, United

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

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1 672(d) of title 10, United States Code, in connection with

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

3 United States Code, or while undergoing reserve training,

4 or while performing drills or equivalent duty, and for

5 members of the Reserve Officers’ Training Corps, and ex6 penses authorized by section 2131 of title 10, United

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

8 the Department of Defense Military Retirement Fund;

9 $1,565,838,000 $1,550,989,000.

10 RESERVE PERSONNEL, MARINE CORPS

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

12 travel, and related expenses for personnel of the Marine

13 Corps Reserve on active duty under section 265 of title

14 10, United States Code, or while serving on active duty

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

16 connection with performing duty specified in section

17 678(a) of title 10, United States Code, or while under18 going reserve training, or while performing drills or equiv19 alent duty, and for members of the Marine Corps platoon

20 leaders class, and expenses authorized by section 2131 of

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

22 for payments to the Department of Defense Military Re23 tirement Fund; $350,490,000 $311,661,000.
6

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1 RESERVE PERSONNEL, AIR FORCE

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

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

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

5 8038 of title 10, United States Code, or while serving on

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

7 Code, in connection with performing duty specified in sec8 tion 678(a) of title 10, United States Code, or while un9 dergoing reserve training, or while performing drills or

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

11 Reserve Officers’ Training Corps, and expenses authorized

12 by section 2131 of title 10, United States Code, as author13 ized by law; and for payments to the Department of De14 fense Military Retirement Fund; $783,158,000

15 $778,919,000.

16 NATIONAL GUARD PERSONNEL, ARMY

17 For pay, allowances, clothing, subsistence, gratuities,

18 travel, and related expenses for personnel of the Army Na19 tional Guard while on duty under section 265, 3021, or

20 3496 of title 10 or section 708 of title 32, United States

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

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

23 in connection with performing duty specified in section

24 678(a) of title 10, United States Code, or while under25 going training, or while performing drills or equivalent
7

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1 duty or other duty, and expenses authorized by section

2 2131 of title 10, United States Code, as authorized by

3 law; and for payments to the Department of Defense Mili4 tary Retirement Fund; $3,334,183,000 $3,332,556,000.

5 NATIONAL GUARD PERSONNEL, AIR FORCE

6 For pay, allowances, clothing, subsistence, gratuities,

7 travel, and related expenses for personnel of the Air Na8 tional Guard on duty under section 265, 8021, or 8496

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

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

11 or section 502(f) of title 32, United States Code, in con12 nection with performing duty specified in section 678(a)

13 of title 10, United States Code, or while undergoing train14 ing, or while performing drills or equivalent duty or other

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

16 United States Code, as authorized by law; and for pay17 ments to the Department of Defense Military Retirement

18 Fund; $1,215,935,000 $1,230,471,000.

19 TITLE II

20 OPERATION AND MAINTENANCE

21 OPERATION AND MAINTENANCE, ARMY

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses, not otherwise provided for, necessary

24 for the operation and maintenance of the Army, as author25 ized by law; and not to exceed $14,437,000 can be used
8

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1 for emergencies and extraordinary expenses, to be ex2 pended on the approval or authority of the Secretary of

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

4 of necessity for confidential military purposes;

5 $15,221,091,000 $15,706,229,000 and, in addition,

6 $880,200,000, to be derived by transfer from the Defense

7 Business Operations Fund and $150,000,000 shall be de8 rived by transfer from the National Defense Stockpile

9 Transaction Fund: Provided, That $450,000 shall be

10 made available only for the 1994 Memorial Day Celebra11 tion and $450,000 shall be made available only for the

12 1994 Capitol Fourth Project: Provided further, That of the

13 funds appropriated in this paragraph, not less than

14 $6,500,000 shall be made available only for the Army Envi15 ronmental Policy Institute, of which $2,000,000 shall be

16 made available only for a study on the effects of depleted

17 uranium on the environment.

18 OPERATION AND MAINTENANCE, NAVY

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of the Navy and the

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

23 $4,667,000 can be used for emergencies and extraordinary

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

25 the Secretary of the Navy, and payments may be made
9

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1 on his certificate of necessity for confidential military pur2 poses; $18,097,782,000 $19,845,083,000 and, in addition

3 $1,092,700,000, to be derived by transfer from the De4 fense Business Operations Fund and addition,

5 $150,000,000 shall be derived by transfer from the Na6 tional Defense Stockpile Transaction Fund:–Provided,

7 That $350,000 shall be available only to connect resi8 dences located in the vicinity of the Naval Air Warfare

9 Center, Warminster, to the Warminster municipal water

10 supply system.

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses, not otherwise provided for, necessary

14 for the operation and maintenance of the Marine Corps,

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

16 $121,000,000, to be derived by transfer from the Defense

17 Business Operations Fund $1,834,495,000.

18 OPERATION AND MAINTENANCE, AIR FORCE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary

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

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

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

25 the Air Force, and payments may be made on his certifi-
10

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1 cate of necessity for confidential military purposes;

2 $18,305,447,000 $19,107,389,000 and, in addition,

3 $941,400,000, to be derived by transfer from the Defense

4 Business Operations Fund and $200,000,000 shall be de5 rived by transfer from the National Defense Stockpile

6 Transaction Fund:–Provided, That $15,500,000 shall only

7 be used to operate, maintain and enhance the Tactical In8 terim CAMS and REMIS Reporting System (TICARRS–

9 92): Provided further, That TICARRS–92 be reestab10 lished, with direct maintenance data input, as the support11 ing system for at least one wing each of F–15, F–16, and

12 F–117A aircraft by no later than February 1, 1994: Pro13 vided further, That TICARRS–92 be reestablished, with

14 direct maintenance data input, as the supporting system

15 for all F–15, F–16, and F–117A aircraft by no later than

16 April 1, 1994: Provided further, That none of the funds

17 appropriated or otherwise made available under this Act

18 shall be used to operate, maintain or otherwise support

19 an automated maintenance management system for F–15,

20 F–16, and F–117A aircraft other than TICARRS–92

21 after April 1, 1994: Provided further, That of the funds

22 appropriated under this heading, not more than

23 $9,538,000 shall be available only for a grant to the

24 Women in Military Service For America Memorial Foun25 dation, Inc., to be used solely to perform the repair, res-
11

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1 toration, and preservation of the main gate structures,

2 center plaza, and Homicycle of the Arlington National

3 Cemetery. These funds shall be made available solely for

4 project costs and none of the funds are for remuneration

5 of any entity or individual associated with fund raising

6 for the project: Provided further, That of the funds appro7 priated under this heading, $5,000,000 shall be made

8 available only for continued environmental restoration of

9 the former Olmsted Air Force Base, Pennsylvania.

10 OPERATION AND MAINTENANCE, DEFENSE-WIDE

11 For expenses, not otherwise provided for, necessary

12 for the operation and maintenance of activities and agen13 cies of the Department of Defense (other than the military

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

15 $9,452,165,000, of which not to exceed $25,000,000 may

16 be available for the CINC initiative fund account; and of

17 which not to exceed $19,422,000 can be used for emer18 gencies and extraordinary expenses, to be expended on the

19 approval or authority of the Secretary of Defense, and

20 payments may be made on his certificate of necessity for

21 confidential military purposes:–Provided, That of the

22 funds appropriated by this paragraph, $996,001,000 shall

23 be made available only for the Special Operations Com24 mand: Provided further, That, of the funds appropriated

25 in this paragraph $10,000,000 shall be available for activi-
12

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1 ties to support the clearing of landmines for humanitarian

2 purposes: Provided further, That of the funds appropriated

3 in this paragraph, $427,705,000 shall not be obligated or

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

5 funds appropriated under this heading, $58,000,000 shall

6 be made available only for aiding school districts in accord7 ance with authority granted under sections 3(a) through

8 3(e) of Public Law 81–874: Provided further, That of the

9 funds appropriated in this paragraph, not less than

10 $50,000,000 shall be made available only for the Legacy Re11 source Management Program, of which not less than

12 $200,000 shall be made available for the Legacy Resource

13 Management Program fellowships: Provided further, That

14 of the funds appropriated under this heading, $10,000,000

15 shall be made available only for the repair and mainte16 nance of federally owned education facilities located on

17 military installations.

18 OPERATION AND MAINTENANCE, ARMY RESERVE

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Army Reserve; re22 pair of facilities and equipment; hire of passenger motor

23 vehicles; travel and transportation; care of the dead;

24 recruiting; procurement of services, supplies, and

25 equipment; and communications; $1,115,095,000: Pro-
13

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1 vided, That of the funds appropriated in this paragraph,

2 $19,505,000 shall not be obligated or expended until au3 thorized by law $1,057,740,000.

4 OPERATION AND MAINTENANCE, NAVY RESERVE

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance, including training, or7 ganization, and administration, of the Navy Reserve; re8 pair of facilities and equipment; hire of passenger motor

9 vehicles; travel and transportation; care of the dead; re10 cruiting; procurement of services, supplies, and equip11 ment; and communications; $807,200,000 $761,137,000:

12 Provided, That operational control of the Naval Reserve

13 Personnel Center, including its functions and responsibil14 ities, shall be under the command and control of the Com15 mander, Naval Reserve Command: Provided further, That

16 of the funds appropriated in this paragraph, $31,400,000

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

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 RESERVE

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Marine Corps Re23 serve; repair of facilities and equipment; hire of passenger

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

25 recruiting; procurement of services, supplies, and equip-
14

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1 ment; and communications; $86,855,000: Provided, That

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

3 shall not be obligated or expended until authorized by law

4 $75,125,000.

5 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

6 For expenses, not otherwise provided for, necessary

7 for the operation and maintenance, including training, or8 ganization, and administration, of the Air Force Reserve;

9 repair of facilities and equipment; hire of passenger motor

10 vehicles; travel and transportation; care of the dead; re11 cruiting; procurement of services, supplies, and equip12 ment; and communications; $1,370,222,000: Provided,

13 That of the funds appropriated in this paragraph,

14 $15,644,000 shall not be obligated or expended until au15 thorized by law $1,333,470,000.

16 OPERATION AND MAINTENANCE, ARMY NATIONAL

17 GUARD

18 For expenses of training, organizing, and administer19 ing the Army National Guard, including medical and hos20 pital treatment and related expenses in non-Federal hos21 pitals; maintenance, operation, and repairs to structures

22 and facilities; hire of passenger motor vehicles; personnel

23 services in the National Guard Bureau; travel expenses

24 (other than mileage), as authorized by law for Army per25 sonnel on active duty, for Army National Guard division,
15

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1 regimental, and battalion commanders while inspecting

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

4 Guard Bureau; supplying and equipping the Army Na5 tional Guard as authorized by law; and expenses of repair,

6 modification, maintenance, and issue of supplies and

7 equipment (including aircraft); $2,272,018,000

8 $2,216,944,000:–Provided, That of the funds appropriated

9 in this paragraph, $10,000,000 shall be available only for

10 a National Guard Outreach Program in the Los Angeles

11 School District: Provided further, That of the funds appro12 priated in this paragraph, $48,763,000 shall not be obli13 gated or expended until authorized by law: Provided, That

14 of the funds appropriated under this heading, $3,000,000

15 shall be made available only for the MEDRETES program.

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-
16

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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 $2,686,299,000:–Provided,

11 That of the funds appropriated under this paragraph,

12 $3,000,000 shall be made available only for the operation

13 of Air National Guard C–130H operational support air14 craft of the 159th Air National Guard Fighter Group and

15 the 169th Air National Guard Fighter Group: Provided

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

17 $30,000,000 shall not be obligated or expended until au18 thorized by law.

19 NATIONAL BOARD FOR THE PROMOTION OF RIFLE

20 PRACTICE, ARMY

21 For the necessary expenses and personnel services

22 (other than pay and non-travel-related allowances of mem23 bers of the Armed Forces of the United States, except for

24 members of the reserve components thereof called or or25 dered to active duty to provide support for the national
17

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1 matches) in accordance with law, for operation and main2 tenance of rifle ranges; the instruction of citizens in

3 marksmanship; the promotion of rifle practice; the conduct

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

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

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

7 individuals attending regional, national, and international

8 competitions; and the payment to competitors at national

9 matches under section 4312 of title 10, United States

10 Code, of subsistence and travel allowances under section

11 4313 of title 10, United States Code; not to exceed

12 $2,483,000.

13 COURT OF MILITARY APPEALS, DEFENSE

14 For salaries and expenses necessary for the United

15 States Court of Military Appeals; $5,855,000 $6,055,000,

16 of which not to exceed $2,500 can be used for official rep17 resentation purposes:–Provided, That of the funds appro18 priated in this paragraph, $245,000 shall not be obligated

19 or expended until authorized by law.

20 ENVIRONMENTAL RESTORATION, DEFENSE

21 (INCLUDING TRANSFER OF FUNDS)

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

23 $2,207,800,000, to remain available until transferred: Pro24 vided, That the Secretary of Defense shall, upon determin25 ing that such funds are required for environmental res-
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1 toration, reduction and recycling of hazardous waste, re2 search and development associated with hazardous wastes

3 and removal of unsafe buildings and debris of the Depart4 ment of Defense, or for similar purposes (including pro5 grams and operations at sites formerly used by the De6 partment of Defense), transfer the funds made available

7 by this appropriation to other appropriations made avail8 able to the Department of Defense as the Secretary may

9 designate, to be merged with and to be available for the

10 same purposes and for the same time period as the appro11 priations of funds to which transferred: Provided further,

12 That upon a determination that all or part of the funds

13 transferred from this appropriation are not necessary for

14 the purposes provided herein, such amounts may be trans15 ferred back to this appropriation: Provided further, That

16 of the funds provided under this heading, not less than

17 $200,000,000 shall be available only for the expedited

18 cleanup of environmentally contaminated sites and only in

19 accordance with a comprehensive plan submitted to Con20 gress by the Secretary of Defense.

21 SUPPORT FOR INTERNATIONAL SPORTING

22 COMPETITIONS, DEFENSE

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses of logistical support (including security

25 planning and services) and personnel services provided by
19

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1 the Department of Defense for the World University

2 Games, the 1996 Games of the XXVI Olympiad, and the

3 World Cup USA Organizing Committee, (other than pay

4 and nontravel related allowances of members of the Armed

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

6 Reserve components thereof called or ordered to active

7 duty to provide support for such international sporting

8 competitions), as authorized by law, provided by any com9 ponent of the Department of Defense to such sporting

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

11 $2,000,000 shall be available only for the 1996 Games of

12 the XXVI Olympiad, to remain available until expended:

13 Provided, That unobligated balances of funds appropriated

14 in the Department of Defense Appropriations Act, 1992

15 (Public Law 102–172) under the headings ‘‘World Univer16 sity Games’’ and ‘‘Summer Olympics’’ and unobligated

17 balances of the funds appropriated in the Department of

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

19 under the headings ‘‘World University Games’’ and ‘‘Sum20 mer Olympics’’ and ‘‘World Cup USA 1994’’ in title II

21 of that Act shall, notwithstanding section 8003 of Public

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

23 upon the enactment of this Act, be transferred to this ap24 propriation, to be merged with and to be available for the

25 same purposes, and for the same time period, as this ap-
20

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1 propriation: Provided further, That the funds so trans2 ferred from such Acts under the headings ‘‘Summer Olym3 pics’’ shall be available only for expenses for, or incurred

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

5 to the 1996 Games of the XXVI Olympiad: Provided fur6 ther, That funds appropriated in this paragraph shall not

7 be obligated or expended until authorized by law.

8 SUMMER OLYMPICS

9 For logistical support and personnel services (other

10 than pay and nontravel related allowances of members of

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

12 of the reserve components thereof called or ordered to active

13 duty to provide support for the 1996 Games of the XXVI

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

15 component of the Department of Defense to the 1996 Games

16 of the XXVI Olympiad; $2,000,000.

17 WORLD CUP USA 1994

18 For logistical support and personnel services (other

19 than pay and nontravel related allowances of members of

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

21 of the reserve components thereof called or ordered to active

22 duty to provide support for the World Cup USA 1994 Orga23 nizing Committee) provided by any component of the De24 partment of Defense to the World Cup USA 1994 Organiz25 ing Committee; $12,000,000.
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1 HUMANITARIAN ASSISTANCE

2 For transportation for humanitarian relief for the

3 people of Afghanistan, the Kurdish population and other

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

5 Africa, acquisition and shipment of transportation assets

6 to assist in the distribution of such relief, and for trans7 portation and distribution of humanitarian relief supplies,

8 and excess non-lethal property; $15,000,000 $48,000,000,

9 to remain available for obligation until September 30,

10 1995:–Provided, That of the funds appropriated in this

11 paragraph, $15,000,000 shall not be obligated or ex12 pended until authorized by law: Provided, That of the funds

13 appropriated under this heading, $30,000,000 shall be made

14 available only for Kurdish relief activities, of which

15 $15,000,000 shall be made available for a 1993–1994 win16 terization relief program: Provided further, That of the

17 funds appropriated under this heading, $10,000,000 shall

18 be made available for activities to support clearing of land

19 mines for humanitarian purposes.

20 FORMER SOVIET UNION THREAT REDUCTION

21 For assistance to the republics of the former Soviet

22 Union, including assistance provided by contract or by

23 grants, for facilitating the elimination and the safe and

24 secure transportation and storage of nuclear, chemical and

25 other weapons; for providing incentives for demilitariza-
22

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1 tion; for establishing programs to prevent the proliferation

2 of weapons, weapons components, and weapons-related

3 technology and expertise; for expansion of military-to-mili4 tary contacts; for supporting the conversion of military

5 technologies and capabilities into civilian activities; and for

6 retraining military personnel of the former Soviet Union;

7 $400,000,000, to remain available until expended: Pro8 vided, That of the funds appropriated under this heading,

9 $10,000,000 shall be made available only for the continuing

10 study, assessment, and identification of nuclear waste dis11 posal by the former Soviet Union in the Arctic region: Pro12 vided further, That the transfer authority provided in sec13 tion 9110(a) of the Department of Defense Appropriations

14 Act, 1993, shall continue to be in effect during fiscal year

15 1994: Provided further, That any transfer made under the

16 foregoing proviso in this paragraph shall be subject to the

17 limitations and the reporting requirements stipulated in

18 section 8006 of this Act.

19 TITLE III

20 PROCUREMENT

21 AIRCRAFT PROCUREMENT, ARMY

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

24 ordnance, ground handling equipment, spare parts, and

25 accessories therefor; specialized equipment and training
23

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1 devices; expansion of public and private plants, including

2 the land necessary therefor, for the foregoing purposes,

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

4 construction prosecuted thereon prior to approval of title;

5 and procurement and installation of equipment, appli6 ances, and machine tools in public and private plants; re7 serve plant and Government and contractor-owned equip8 ment layaway; and other expenses necessary for the fore9 going purposes; $1,726,164,000 $1,125,303,000, to remain

10 available for obligation until September 30, 1996:–Pro11 vided, That of the funds appropriated in this paragraph,

12 $219,627,000 shall not be obligated or expended until au13 thorized by law.

14 MISSILE PROCUREMENT, ARMY

15 For construction, procurement, production, modifica16 tion, and modernization of missiles, equipment, including

17 ordnance, ground handling equipment, spare parts, and

18 accessories therefor; specialized equipment and training

19 devices; expansion of public and private plants, including

20 the land necessary therefor, for the foregoing purposes,

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

22 and construction prosecuted thereon prior to approval of

23 title; and procurement and installation of equipment, ap24 pliances, and machine tools in public and private plants;

25 reserve plant and Government and contractor-owned
24

HR 3116 RS

1 equipment layaway; and other expenses necessary for the

2 foregoing purposes; $1,126,110,000 $934,123,000, to re3 main available for obligation until September 30, 1996:–

4 Provided, That of the funds appropriated in this para5 graph, $41,795,000 shall not be obligated or expended

6 until authorized by law.

7 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

8 VEHICLES, ARMY

9 For construction, procurement, production, and

10 modification of weapons and tracked combat vehicles,

11 equipment, including ordnance, spare parts, and acces12 sories therefor; specialized equipment and training devices;

13 expansion of public and private plants, including the land

14 necessary therefor, for the foregoing purposes, and such

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

17 procurement and installation of equipment, appliances,

18 and machine tools in public and private plants; reserve

19 plant and Government and contractor-owned equipment

20 layaway; and other expenses necessary for the foregoing

21 purposes; $892,709,000 $805,074,000, to remain available

22 for obligation until September 30, 1996:–Provided, That

23 of the funds appropriated in this paragraph, $15,712,000

24 shall not be obligated or expended until authorized by law.
25

HR 3116 RS

1 PROCUREMENT OF AMMUNITION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction, procurement, production, and

4 modification of ammunition, and accessories therefor; spe5 cialized equipment and training devices; expansion of pub6 lic and private plants, including ammunition facilities au7 thorized by section 2854, title 10, United States Code, and

8 the land necessary therefor, for the foregoing purposes,

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

10 and construction prosecuted thereon prior to approval of

11 title; and procurement and installation of equipment, ap12 pliances, and machine tools in public and private plants;

13 reserve plant and Government and contractor-owned

14 equipment layaway; and other expenses necessary for the

15 foregoing purposes; $620,787,000 $610,174,000, and, in

16 addition, $100,000,000, to be derived by transfer from the

17 Conventional Ammunition Working Capital Fund of the

18 Department of Defense, to remain available for obligation

19 until September 30, 1996.

20 OTHER PROCUREMENT, ARMY

21 For construction, procurement, production, and

22 modification of vehicles, including tactical, support, and

23 nontracked combat vehicles; the purchase of not to exceed

24 16 passenger motor vehicles for replacement only; commu25 nications and electronic equipment; other support equip-
26

HR 3116 RS

1 ment; spare parts, ordnance, and accessories therefor; spe2 cialized equipment and training devices; expansion of pub3 lic and private plants, including the land necessary there4 for, for the foregoing purposes, and such lands and inter5 ests therein, may be acquired, and construction prosecuted

6 thereon prior to approval of title; and procurement and

7 installation of equipment, appliances, and machine tools

8 in public and private plants; reserve plant and Govern9 ment and contractor-owned equipment layaway; and other

10 expenses necessary for the foregoing purposes;

11 $2,904,933,000 $2,784,474,000, to remain available for

12 obligation until September 30, 1996.

13 AIRCRAFT PROCUREMENT, NAVY

14 For construction, procurement, production, modifica15 tion, and modernization of aircraft, equipment, including

16 ordnance, spare parts, and accessories therefor; specialized

17 equipment; expansion of public and private plants, includ18 ing the land necessary therefor, and such lands and inter19 ests therein, may be acquired, and construction prosecuted

20 thereon prior to approval of title; and procurement and

21 installation of equipment, appliances, and machine tools

22 in public and private plants; reserve plant and Govern23 ment and contractor-owned equipment layaway;

24 $5,664,216,000 $5,665,615,000, to remain available for

25 obligation until September 30, 1996.
27

HR 3116 RS

1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, other ordnance and ammunition, and related support

5 equipment including spare parts, and accessories therefor;

6 expansion of public and private plants, including the land

7 necessary therefor, and such lands and interests therein,

8 may be acquired, and construction prosecuted thereon

9 prior to approval of title; and procurement and installation

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

11 private plants; reserve plant and Government and contrac12 tor-owned equipment layaway; $2,808,986,000

13 $2,972,906,000, to remain available for obligation until

14 September 30, 1996:–Provided, That of the funds appro15 priated in this paragraph, $44,162,000 shall not be obli16 gated or expended until authorized by law.

17 SHIPBUILDING AND CONVERSION, NAVY

18 For expenses necessary for the construction, acquisi19 tion, or conversion of vessels as authorized by law, includ20 ing armor and armament thereof, plant equipment, appli21 ances, and machine tools and installation thereof in public

22 and private plants; reserve plant and Government and con23 tractor-owned equipment layaway; procurement of critical,

24 long leadtime components and designs for vessels to be

25 constructed or converted in the future; and expansion of
28

HR 3116 RS

1 public and private plants, including land necessary there2 for, and such lands and interests therein, may be acquired,

3 and construction prosecuted thereon prior to approval of

4 title, as follows:

5 Carrier replacement program, $3,403,600,000:

6 Provided, That these funds shall not be oligated or ex7 pended until authorized by law;

8 Refueling overhauls, $31,127,000;

9 DDG–51 destroyer program, $2,642,772,000

10 $2,610,972,000;

11 LHD–1 amphibious assault ship program,

12 $893,848,000, of which $50,000,000 may be available

13 for advance procurement on the LHD–7 amphibious

14 assault ship;

15 Mine warfare command and control ship,

16 $124,175,000;

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

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

19 2304(c)(5), the last vessel of the T–AGS 60 oceano20 graphic research ship program may be procured as

21 an option to the contract for the construction of the

22 lead ship of the class: Provided further, That none

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

24 may be obligated for T–AGS multibeam sonar sys25 tems prior to review by the Committees on Appro-
29

HR 3116 RS

1 priations of a Navy plan detailing compliance with

2 the recommendations of the Comptroller General of

3 the United States set forth in his decision of August

4 19, 1993 (Case B–253129) $62,482,000;

5 For craft, outfitting, post delivery, production

6 design support, and first destination transportation,

7 and cost growth, $595,131,000 $330,104,000;

8 In all: $5,397,102,000 $7,332,133,000, to remain available

9 for obligation until September 30, 1998: Provided, That

10 additional obligations may be incurred after September

11 30, 1998, for engineering services, tests, evaluations, and

12 other such budgeted work that must be performed in the

13 final stage of ship construction: Provided further, That

14 none of the funds herein provided for the construction or

15 conversion of any naval vessel to be constructed in ship16 yards in the United States shall be expended in foreign

17 facilities for the construction of major components of such

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

19 provided shall be used for the construction of any naval

20 vessel in foreign shipyards:–Provided further, That of the

21 funds appropriated in this paragraph, $1,236,914,000

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

23 OTHER PROCUREMENT, NAVY

24 For procurement, production, and modernization of

25 support equipment and materials not otherwise provided
30

HR 3116 RS

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

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

3 of not to exceed 609 passenger motor vehicles for replace4 ment only; expansion of public and private plants, includ5 ing the land necessary therefor, and such lands and inter6 ests therein, may be acquired, and construction prosecuted

7 thereon prior to approval of title; and procurement and

8 installation of equipment, appliances, and machine tools

9 in public and private plants; reserve plant and Govern10 ment and contractor-owned equipment layaway;

11 $2,980,815,000 $2,794,718,000, to remain available for

12 obligation until September 30, 1996:–Provided, That of

13 the funds herein provided for the Computer Acquisition

14 Productivity Program, not less than $20,000,000 shall be

15 available, obligated, and expended only for automatic data

16 processing investment equipment and peripheral equip17 ment and related software for Defense Accounting Office

18 and Naval Computer and Telecommunications Station,

19 New Orleans, the Enlisted Personnel Management Center,

20 and the Naval Reserve Personnel Center: Provided further,

21 That all Naval and Marine Corps active and reserve per22 sonnel central design activities and personnel accounting

23 programs shall be managed and coordinated at the En24 listed Personnel Management Center and the Naval Re25 serve Personnel Center: Provided further, That the Sec-
31

HR 3116 RS

1 retary of Defense shall provide a report on establishing

2 a full service finance and accounting operation for joint

3 reserve functions at the Defense Accounting Office, New

4 Orleans and the Naval Reserve Forces Command: Pro5 vided further, That the operations and functions of the Re6 serve Financial Management System shall remain

7 colocated with the Commander, Naval Reserve Force: Pro8 vided further, That of the funds appropriated in this para9 graph, $119,335,000 shall not be obligated or expended

10 until authorized by law.

11 PROCUREMENT, MARINE CORPS

12 For expenses necessary for the procurement, manu13 facture, and modification of missiles, armament, ammuni14 tion, military equipment, spare parts, and accessories

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

16 and installation thereof in public and private plants; re17 serve plant and Government and contractor-owned equip18 ment layaway; vehicles for the Marine Corps, including the

19 purchase of not to exceed 96 passenger motor vehicles for

20 replacement only; and expansion of public and private

21 plants, including land necessary therefor, and such lands

22 and interests therein, may be acquired and construction

23 prosecuted thereon prior to approval of title;

24 $527,754,000 $441,056,000, to remain available for obli25 gation until September 30, 1996:–Provided, That of the
32

HR 3116 RS

1 funds appropriated in this paragraph, $56,733,000 shall

2 not be obligated or expended until authorized by law.

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of

5 aircraft and equipment, including armor and armament,

6 specialized ground handling equipment, and training de7 vices, spare parts, and accessories therefor; specialized

8 equipment; expansion of public and private plants, Gov9 ernment-owned equipment and installation thereof in such

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

11 the foregoing purposes, and such lands and interests

12 therein, may be acquired, and construction prosecuted

13 thereon prior to approval of title; reserve plant and Gov14 ernment and contractor-owned equipment layaway; and

15 other expenses necessary for the foregoing purposes in16 cluding rents and transportation of things;

17 $6,887,201,000 $4,017,475,000, to remain available for

18 obligation until September 30, 1996:–Provided, That of

19 the funds appropriated in this paragraph, not less than

20 $20,000,000 shall be available only for the C–130J air21 craft.

22 MISSILE PROCUREMENT, AIR FORCE

23 For construction, procurement, and modification of

24 missiles, spacecraft, rockets, and related equipment, in25 cluding spare parts and accessories therefor, ground han-
33

HR 3116 RS

1 dling equipment, and training devices; expansion of public

2 and private plants, Government-owned equipment and in3 stallation thereof in such plants, erection of structures,

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

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

6 construction prosecuted thereon prior to approval of title;

7 reserve plant and Government and contractor-owned

8 equipment layaway; and other expenses necessary for the

9 foregoing purposes including rents and transportation of

10 things; $3,845,354,000 $4,127,514,000, to remain avail11 able for obligation until September 30, 1996:–Provided,

12 That of the funds appropriated in this paragraph,

13 $224,483,000 shall not be obligated or expended until au14 thorized by law.

15 OTHER PROCUREMENT, AIR FORCE

16 For procurement and modification of equipment (in17 cluding ground guidance and electronic control equipment,

18 and ground electronic and communication equipment),

19 and supplies, materials, and spare parts therefor, not oth20 erwise provided for; the purchase of not to exceed 2 vehi21 cles required for physical security of personnel, notwith22 standing price limitations applicable to passenger vehicles

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

24 not to exceed 710 passenger motor vehicles of which 695

25 shall be for replacement only; and expansion of public and
34

HR 3116 RS

1 private plants, Government-owned equipment and installa2 tion thereof in such plants, erection of structures, and ac3 quisition of land, for the foregoing purposes, and such

4 lands and interests therein, may be acquired, and con5 struction prosecuted thereon, prior to approval of title; re6 serve plant and Government and contractor-owned equip7 ment layaway; $7,336,918,000 $7,527,084,000, to remain

8 available for obligation until September 30, 1996.

9 NATIONAL GUARD AND RESERVE EQUIPMENT

10 For procurement of aircraft, missiles, tracked combat

11 vehicles, ammunition, other weapons, and other procure12 ment for the reserve components of the Armed Forces;

13 $1,178,100,000 $785,000,000, to remain available for obli14 gation until September 30, 1996:–Provided, That of the

15 funds appropriated in this paragraph, $184,825,000 shall

16 not be obligated or expended until authorized by law.

17 PROCUREMENT, DEFENSE-WIDE

18 For expenses of activities and agencies of the Depart19 ment of Defense (other than the military departments)

20 necessary for procurement, production, and modification

21 of equipment, supplies, materials, and spare parts there22 for, not otherwise provided for; the purchase of not to ex23 ceed 1 vehicle required for physical security of personnel,

24 notwithstanding price limitations applicable to passenger

25 vehicles but not to exceed $180,000 per vehicle; and the
35

HR 3116 RS

1 purchase of not to exceed 438 passenger motor vehicles,

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

3 public and private plants, equipment, and installation

4 thereof in such plants, erection of structures, and acquisi5 tion of land for the foregoing purposes, and such lands

6 and interests therein, may be acquired, and construction

7 prosecuted thereon prior to approval of title; reserve plant

8 and Government and contractor-owned equipment lay9 away; $1,557,344,000 $1,602,726,000, to remain available

10 for obligation until September 30, 1996:–Provided, That

11 the funds available under this heading for the High Per12 formance Computer Modernization plan may be used only

13 for: (1) the execution of existing contract upgrade options

14 of installed stable supercomputer facilities that have not

15 kept technically current; or (2) the acquisition in open,

16 competitive procurements of architecturally stable, fully

17 user-operational, compatible supercomputers possessing

18 essentially stable system software, which have been suc19 cessfully demonstrated using statistically valid samples of

20 the current workload of the laboratories in question with21 out substantive reprogramming or program conversion.

22 DEFENSE PRODUCTION ACT PURCHASES

23 For activities by the Department of Defense pursuant

24 to sections 108, 301, 302, and 303 of the Defense Produc25 tion Act of 1950, as amended (50 U.S.C. App. 2061);
36

HR 3116 RS

1 $200,000,000, to remain available until expended: Pro2 vided, That none of these funds shall be obligated for any

3 project unless a Presidential determination has been made

4 in accordance with the Defense Production Act: Provided

5 further, That the Department of Defense shall notify the

6 Committees on Appropriations of the House of Represent7 atives and the Senate sixty days prior to the release of

8 funds for any project not previously approved by Congress.

9 TITLE IV

10 RESEARCH, DEVELOPMENT, TEST AND

11 EVALUATION

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

13 ARMY

14 For expenses necessary for basic and applied sci15 entific research, development, test and evaluation, includ16 ing maintenance, rehabilitation, lease, and operation of fa17 cilities and equipment, as authorized by law;

18 $5,560,082,000 $5,275,385,000, to remain available for

19 obligation until September 30, 1995: Provided, That

20 $2,000,000 shall be made available only for the Center

21 for Prostate Disease Research at the Walter Reed Army

22 Institute of Research: Provided further, That $5,000,000

23 shall be made available only for the Center of Excellence

24 in Breast Cancer Research and Training at the National

25 Naval Medical Center, in Bethesda, Maryland:–Provided
37

HR 3116 RS

1 further, That not less than $1,000,000 of the funds appro2 priated in this paragraph shall be made available only to

3 a joint research partnership involving an educational insti4 tution, not now engaged in a large volume of basic re5 search, and a biomedical research institute, including a

6 working arrangement with Canadian and German sci7 entists, for the development and testing of a new insulin

8 derivative for the treatment of diabetes and hypoglycemia

9 in the dependents of active duty military members: Pro10 vided further, That $1,000,000 of the funds appropriated

11 in this paragraph shall be available for a lyme disease pro12 gram: Provided further, That of the funds appropriated

13 in this paragraph, $142,941,000 shall not be obligated or

14 expended until authorized by law: Provided further, That

15 of the funds appropriated under this heading, $15,000,000

16 may be made available for an upgrade of the Los Alamos

17 Meson Physics Facility/Los Alamos Neutron Scattering

18 Center upon the determination by the Secretary of Defense

19 and the Secretary of Energy that the project will make a

20 significant contribution to enhancing the capabilities of

21 United States armed forces.

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

23 NAVY

24 For expenses necessary for basic and applied sci25 entific research, development, test and evaluation, includ-
38

HR 3116 RS

1 ing maintenance, rehabilitation, lease, and operation of

2 facilities and equipment, as authorized by law;

3 $8,604,777,000 $7,925,369,000, to remain available for

4 obligation until September 30, 1995:–Provided, That for

5 continued research and development programs at the Na6 tional Center for Physical Acoustics, centering on ocean

7 acoustics as it applies to advanced antisubmarine warfare

8 acoustics issues with focus on ocean bottom acoustics,

9 seismic coupling, sea-surface and bottom scattering, oce10 anic ambient noise, underwater sound propagation, bubble

11 related ambient noise, acoustically active surfaces, ma12 chinery noise, propagation physics, solid state acoustics,

13 electrorheological fluids, transducer development, ultra14 sonic sensors, and other such projects as may be agreed

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

16 the Mississippi Resource Development Corporation, of

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

18 to provide such special equipment as may be required for

19 particular projects: Provided further, That none of the

20 funds appropriated in this paragraph may be obligated or

21 expended to develop or purchase equipment for an Aegis

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

23 whose initial operating capability is budgeted to be

24 achieved prior to the initial operating capability of the

25 Ship Self-Defense program, nor to develop sensor, proc-
39

HR 3116 RS

1 essor, or display capabilities which duplicate in any way

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

3 Provided further, That funds appropriated in this para4 graph for Aegis Combat System Engineering tactical dis5 play simplification may be obligated only to develop equip6 ment on an interim basis which is planned to be installed

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

8 unit of the Advanced Display System is planned to be ac9 cepted by the Government: Provided further, That funds

10 appropriated in this paragraph for Aegis Combat System

11 Engineering tactical display simplification may not be obli12 gated on contracts which include production options for

13 ship installations planned beyond the date that the first

14 production unit of the Advanced Display System is

15 planned to be accepted by the Government: Provided fur16 ther, That funds appropriated in this paragraph for devel17 opment of E–2C aircraft upgrades may not be obligated

18 until the Under Secretary of Defense for Acquisition sub19 mits a plan to the Committees on Appropriations and

20 Armed Services of each House of Congress for develop21 ment and deployment of a fully participating cooperative

22 engagement capability on E–2 aircraft to be fielded con23 current with and no later than major computer upgrades

24 for the aircraft: Provided further, That funds appropriated

25 in this paragraph for development of the L–X ship may
40

HR 3116 RS

1 not be obligated unless the baseline design of the ship in2 cludes cooperative engagement capability and sufficient

3 own-ship self-defense capability against advanced sea4 skimming antiship cruise missiles in the baseline design

5 to achieve an estimated probability of survival from attack

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

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

8 appropriated in this paragraph for the Naval Research

9 Laboratory may not be obligated unless the Navy’s Manu10 facturing Technology Program Office has responsibilities

11 and position equivalent to the Science and Technology Di12 rectorates at the Office of Naval Research and is fully

13 staffed to meet those responsibilities.

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

15 AIR FORCE

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

20 $12,608,995,000 $11,847,970,000, to remain available for

21 obligation until September 30, 1995:–Provided, That not

22 less than $21,000,000 of the funds appropriated in this

23 paragraph shall be made available only for the Joint Seis24 mic Program and Global Seismic Network administered

25 by the Incorporated Research Institutions for Seismol-
41

HR 3116 RS

1 ogy:–Provided further, That not less than $60,000,000 of

2 the funds appropriated in this paragraph shall be made

3 available only for the National Center for Manufacturing

4 Sciences (NCMS): Provided, That not less than

5 $74,000,000 of the funds appropriated in this paragraph

6 shall be made available only for development of the Global

7 Positioning System (GPS) Aided Relative Synthetic Aper8 ture Radar Targeting/GPS-Aided Munitions (GATS/GAM)

9 capability for the B–2 Advanced Technology Bomber: Pro10 vided further, That of the funds appropriated in this para11 graph, not less than $15,000,000 of the funds in the Ad12 vanced Weapons program element shall be made available

13 only to continue the establishment and operation of an

14 image information processing center supporting the Air

15 Force Maui Space Surveillance Site (MSSS): Provided fur16 ther, That of the funds appropriated in this paragraph,

17 $2,000,000 shall be made available only for development

18 and testing of down-sized test equipment for the F–15.

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

20 DEFENSE-WIDE

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

23 necessary for basic and applied scientific research, devel24 opment, test and evaluation; advanced research projects

25 as may be designated and determined by the Secretary
42

HR 3116 RS

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

2 lease, and operation of facilities and equipment, as author3 ized by law; $9,376,918,000 $8,296,588,000, to remain

4 available for obligation until September 30, 1995:–Pro5 vided, That not less than $97,000,000 of the funds appro6 priated in this paragraph are available only for the Ex7 tended Range Interceptor (ERINT) missile: Provided fur8 ther, That the Ballistic Missile Defense Organization

9 (BMDO) shall continue its current strategy of flight test10 ing, ground testing, simulations, and other Government

11 analyses of the Patriot Multimode Missile and the Ex12 tended Range Interceptor for selection of the best tech13 nology in terms of cost, schedule, risk, and performance

14 to meet PAC–3 missile requirements for theater missile

15 defense and that the Director, BMDO, will determine

16 when there is adequate information to proceed to selection

17 for engineering and manufacturing development: Provided

18 further, That none of the funds in this paragraph may be

19 used to operate more than one external affairs office in

20 the Washington, D.C. area for ballistic missile defense

21 programs: Provided further, That not less than

22 $15,000,000 of the funds appropriated in this paragraph

23 shall be made available as a grant awarded through com24 petitive procedures to a State supported historically black

25 college or university with a demonstrated expertise in
43

HR 3116 RS

1 physics and materials science, a doubled enrollment over

2 the past seven years, and a leading enrollment of National

3 Achievement Scholars over the last several years, for con4 struction to expand facilities for basic sciences and engi5 neering associated with research, development, and other

6 programs of major importance to the Department of De7 fense: Provided further, That not less than 25 percent of

8 the funds appropriated in this paragraph for the High

9 Performance Computing initiative may be obligated only

10 for research designed to develop improved performance

11 from high performance computing systems and technology

12 utilizing parallel vector processing architecture: Provided

13 further, That not less than $20,000,000 of the funds ap14 propriated in this paragraph shall be available only for an

15 Experimental Program to Stimulate Competitive Research

16 (EPSCOR) in the Department of Defense which shall in17 clude all States eligible as of the date of enactment of this

18 Act for the National Science Foundation Experimental

19 Program to Stimulate Competitive Research: Provided fur20 ther, That none of the funds appropriated in this para21 graph for research, development, demonstration, or com22 mercialization of electric vehicles and the related infra23 structure; fuel cell research; natural gas research; or coal

24 research, authorized to be conducted by the Secretary of

25 Energy under statutes administered by such Secretary
44

HR 3116 RS

1 shall be obligated by the Secretary of Defense except in

2 accordance with the applicable provisions of the Energy

3 Policy Act of 1992 and other relevant statutes and pursu4 ant to an agreement, made available to the applicable leg5 islative and appropriation Committees of Congress, be6 tween the Secretary of Defense and the Secretary of En7 ergy that provides for coordination of all such activities

8 with the relevant programs at the Department of Energy

9 administered under such Acts: Provided further, That of

10 the funds appropriated under this heading, not less than

11 $52,000,000 shall be made available only for the Com12 puter-aided Acquisition and Logistics Support (CALS)

13 Shared Resource Center (CSRC) program. Of that

14 amount, not less than $30,000,000 shall be made available

15 only for the continued operation of the original CSRC by

16 the current nonprofit institution or its successor in inter17 est, as the Department’s tri-service CALS standards and

18 technologies development, deployment, training, and edu19 cation hub for the CSRC program; the continued oper20 ation of the CSRC Regional Satellite (CRS); and the es21 tablishment and continued operation of additional CRSs

22 to be operated by educational or other nonprofit institu23 tions. In addition, $20,000,000 shall be made available

24 only for the continued operation of the six original CRSs:

25 Provided further, That none of the funds in this Act can
45

HR 3116 RS

1 be expended to pay the salaries or expenses of the Depart2 ment’s CSRC Program Management Office unless such of3 fice is located within the Office of the Secretary of De4 fense: Provided further, That nothing shall prohibit use of

5 the CSRC or CRSs by industry, associations, other De6 partment of Defense services and agencies, and other gov7 ernment agencies for efforts to be separately negotiated

8 and funded: Provided further, That $2,300,000 shall be

9 made available only for cell adhesion molecule research:

10 Provided, That of the funds appropriated in this para11 graph, not less than $5,000,000 of the funds in the High

12 Performance Computing Modernization program element

13 shall be made available only to upgrade the supercomputing

14 capability and capacity of the Maui High Performance

15 Computing Center.

16 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

17 For expenses, not otherwise provided for, of inde18 pendent activities of the Director, Test and Evaluation in

19 the direction and supervision of developmental test and

20 evaluation, including performance and joint developmental

21 testing and evaluation; and administrative expenses in

22 connection therewith; $232,592,000 $228,047,000, to re23 main available for obligation until September 30, 1995.
46

HR 3116 RS

1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary

3 for the independent activities of the Director, Operational

4 Test and Evaluation in the direction and supervision of

5 operational test and evaluation, including initial oper6 ational test and evaluation which is conducted prior to,

7 and in support of, production decisions; joint operational

8 testing and evaluation; and administrative expenses in

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

10 obligation until September 30, 1995.

11 TITLE V

12 REVOLVING AND MANAGEMENT FUNDS

13 DEFENSE BUSINESS OPERATIONS FUND

14 For the Defense Business Operations Fund;

15 $1,091,100,000 $1,161,095,000:–Provided, That none of

16 the funds available in the Defense Business Operations

17 Fund shall be used for any hardware procurement, new

18 development, or expansion of the Defense Business Man19 agement System; except that funds may be used to con20 tinue minimal maintenance efforts of the Defense Busi21 ness Management System for the Defense Logistics Agen22 cy to continue daily operations.
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1 NATIONAL DEFENSE SEALIFT STRATEGIC LIFT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For National Defense SEALIFT Strategic Lift Fund

4 programs, projects, and activities, $490,800,000

5 $2,669,100,000, to remain available until expended:–Pro6 vided, That up to $200,000,000 shall be available for

7 transfer to the Secretary of Transportation for costs (as

8 defined in section 502 of the Federal Credit Reform Act

9 of 1990) of loan guarantee commitments under title XII

10 of the Merchant Marine Act, 1936, as amended by H.R.

11 2401, the National Defense Authorization Act for Fiscal

12 Year 1994: Provided further, That any facilities financed

13 by the foregoing loan guarantee commitments must make

14 use of new technologies and processes which have been

15 demonstrated by Department of Defense organizations

16 prior to construction of facilities: Provided further, That

17 all loan guarantees or loan guarantee commitments made

18 by the Secretary of Transportation shall occur only after

19 consultation with the Secretary of Defense: Provided fur20 ther, That notwithstanding any other provision of law, the

21 Secretary of Transportation shall give priority to provid22 ing loan guarantees to businesses located in enterprise

23 zones and investing private funds in developing integrated

24 design and manufacturing facilities technologies: Provided

25 further, That notwithstanding any other provision of law,
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1 all loan guarantees or loan guarantee commitments for

2 ship construction shall be made without regard to gross

3 ton weight.

4 TITLE VI

5 OTHER DEPARTMENT OF DEFENSE PROGRAMS

6 DEFENSE HEALTH PROGRAM

7 For expenses, not otherwise provided for, for medical

8 and health care programs of the Department of Defense,

9 as authorized by law; $9,644,447,000 $9,576,209,000, of

10 which $9,368,185,000 $9,303,447,000 shall be for Oper11 ation and maintenance, of which $276,262,000

12 $272,762,000, to remain available for obligation until Sep13 tember 30, 1996, shall be for Procurement: Provided,

14 That the Department shall competitively contract during

15 fiscal year 1994 for mail service pharmacy for at least two

16 multi-state regions in addition to the ongoing solicitations

17 for Florida, South Carolina, Georgia, Delaware, New Jer18 sey, Pennsylvania, and Hawaii, as well as each base clo19 sure area not supported by an at-risk managed care plan;

20 that such services shall be procured independent of any

21 other Department managed care contracts; that one multi22 state region shall include the State of Kentucky:–Provided

23 further, That of the funds appropriated in this Act, such

24 funds as necessary shall be used for the continuation of

25 the cooperative program model being established at Mad-
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1 igan Medical Center for severely behavior disordered stu2 dents:–Provided further, That of the funds appropriated

3 in this paragraph, $265,000,000 shall not be obligated or

4 expended until authorized by law: Provided further, That

5 of the funds appropriated under this heading, not less than

6 $1,410,000 shall be made available only for annual incen7 tive pay bonuses for certified nurse anesthetists: Provided

8 further, That of the funds appropriated under this heading,

9 not less than $3,000,000 shall be made available only for

10 nursing research programs: Provided further, That of the

11 funds appropriated under this heading, $1,500,000 shall be

12 made available for the National Museum of Health and

13 Medicine.

14 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

15 DEFENSE

16 For expenses, not otherwise provided for, necessary

17 for the destruction of the United States stockpile of lethal

18 chemical agents and munitions in accordance with the pro19 visions of section 1412 of the Department of Defense Au20 thorization Act, 1986, (50 U.S.C. 1521) and for the de21 struction of other chemical warfare materials that are not

22 in the chemical weapon stockpile, $397,561,000

23 $395,847,000, of which $292,061,000 $278,361,000 shall

24 be for Operation and maintenance, $74,800,000

25 $65,886,000, shall be for Procurement, to remain available
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1 until September 30, 1996, shall be for Procurement, and

2 $30,700,000 $51,600,000, shall be for Research, develop3 ment, test and evaluation, to remain available until Sep4 tember 30, 1995,–shall be for Research, development, test

5 and evaluation: Provided, That of the funds appropriated

6 in this paragraph, $30,700,000 shall not be obligated or

7 expended until authorized by law.

8 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

9 DEFENSE

10 (INCLUDING TRANSFER OF FUNDS)

11 For drug interdiction and counter-drug activities of

12 the Department of Defense, for transfer to appropriations

13 available to the Department of Defense for military per14 sonnel of the reserve components serving under the provi15 sions of title 10 and title 32, United States Code; for Op16 eration and maintenance; for Procurement; and for Re17 search, development, test and evaluation; $757,785,000

18 $1,080,656,000: Provided, That the funds appropriated by

19 this paragraph shall be available for obligation for the

20 same time period and for the same purpose as the appro21 priation to which transferred: Provided further, That the

22 transfer authority provided in this paragraph is in addi23 tion to any transfer authority contained elsewhere in this

24 Act:–Provided further, That of the funds appropriated in
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1 this paragraph, not less than $5,900,000 shall be available

2 only for the Gulf States Counter-Narcotics Initiative.

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses and activities of the Office of the

5 Inspector General in carrying out the provisions of the

6 Inspector General Act of 1978, as amended; $169,801,000

7 $127,601,000, of which $169,001,000 $126,801,000 shall

8 be for Operation and maintenance, of which not to exceed

9 $400,000 is available for emergencies and extraordinary

10 expenses to be expended on the approval or authority of

11 the Inspector General, and payments may be made on his

12 certificate of necessity for confidential military purposes;

13 and of which $800,000, to remain available until Septem14 ber 30, 1996, shall be for Procurement.

15 TITLE VII

16 RELATED AGENCIES

17 NATIONAL FOREIGN INTELLIGENCE PROGRAM

18 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

19 DISABILITY SYSTEM FUND

20 For payment to the Central Intelligence Agency Re21 tirement and Disability System Fund, to maintain proper

22 funding level for continuing the operation of the Central

23 Intelligence Agency Retirement and Disability System;

24 $182,300,000.
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1 NATIONAL SECURITY EDUCATION TRUST FUND

2 (RESCISSION)

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

4 for the National Security Education Act under the head5 ing ‘‘National Security Education Trust Fund’’,

6 $10,000,000 is hereby rescinded.

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

8 for the National Security Education Trust Fund,

9 $140,000,000 and interest earned and accrued thereon is

10 hereby rescinded.

11 For the purposes of Title VIII of Public Law 102–183,

12 $24,000,000 to be derived from the National Security Edu13 cation Trust Fund, to remain available until expended.

14 COMMUNITY MANAGEMENT STAFF

15 For necessary expenses of the Community Manage16 ment Staff; $114,688,000 $115,788,000.

17 TITLE VIII

18 GENERAL PROVISIONS

19 SEC. 8001. No part of any appropriation contained

20 in this Act shall be used for publicity or propaganda pur21 poses not authorized by the Congress.

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

23 of law prohibiting the payment of compensation to, or em24 ployment of, any person not a citizen of the United States

25 shall not apply to personnel of the Department of Defense:
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1 Provided, That salary increases granted to direct and indi2 rect hire foreign national employees of the Department of

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

4 of the percentage increase authorized by law for civilian

5 employees of the Department of Defense whose pay is

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

7 United States Code, or at a rate in excess of the percent8 age increase provided by the appropriate host nation to

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

10 That this section shall not apply to Department of De11 fense foreign service national employees serving at United

12 States diplomatic missions whose pay is set by the Depart13 ment of State under the Foreign Service Act of 1980: Pro14 vided further, That the limitations of this provision shall

15 not apply to foreign national employees of the Department

16 of Defense in the Republic of Turkey.

17 SEC. 8003. No part of any appropriation contained

18 in this Act shall remain available for obligation beyond

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

20 SEC. 8004. No more than 20 per centum of the ap21 propriations in this Act which are limited for obligation

22 during the current fiscal year shall be obligated during

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

24 section shall not apply to obligations for support of active

25 duty training of reserve components or summer camp
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1 training of the Reserve Officers’ Training Corps, or the

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

3 SEC. 8005. Section 9005 of the Department of De4 fense Appropriations Act, 1993 (Public Law 102–396) is

5 amended by striking out ‘‘contained in this Act’’ and in6 serting ‘‘or any other funds available to the Department

7 of Defense’’ in lieu thereof.

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

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

10 1890) is amended in the 9th proviso under the heading

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

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

13 (TRANSFER OF FUNDS)

14 SEC. 8006. Upon determination by the Secretary of

15 Defense that such action is necessary in the national inter16 est, he may, with the approval of the Office of Manage17 ment and Budget, transfer not to exceed $2,000,000,000

18 $1,500,000,000 of working capital funds of the Depart19 ment of Defense or funds made available in this Act to

20 the Department of Defense for military functions (except

21 military construction) between such appropriations or

22 funds or any subdivision thereof, to be merged with and

23 to be available for the same purposes, and for the same

24 time period, as the appropriation or fund to which trans25 ferred: Provided, That such authority to transfer may not
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1 be used unless for higher priority items, based on unfore2 seen military requirements, than those for which originally

3 appropriated and in no case where the item for which

4 funds are requested has been denied by Congress: Pro5 vided further, That the Secretary of Defense shall notify

6 the Congress promptly of all transfers made pursuant to

7 this authority or any other authority in this Act.

8 (TRANSFER OF FUNDS)

9 SEC. 8007. During the current fiscal year, cash bal10 ances in working capital funds of the Department of De11 fense established pursuant to section 2208 of title 10,

12 United States Code, may be maintained in only such

13 amounts as are necessary at any time for cash disburse14 ments to be made from such funds: Provided, That trans15 fers may be made between such funds and the ‘‘Foreign

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

17 Maintenance’’ appropriation accounts in such amounts as

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

19 approval of the Office of Management and Budget, except

20 that such transfers may not be made unless the Secretary

21 of Defense has notified the Congress of the proposed

22 transfer. Except in amounts equal to the amounts appro23 priated to working capital funds in this Act, no obligations

24 may be made against a working capital fund to procure

25 or increase the value of war reserve material inventory,
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1 unless the Secretary of Defense has notified the Congress

2 prior to any such obligation.

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

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

5 determination under section 2690 of title 10, United

6 States Code, may implement cost-effective agreements for

7 required heating facility modernization in the

8 Kaiserslautern Military Community in the Federal Repub9 lic of Germany: Provided, That in the City of

10 Kaiserslautern such agreements will include the use of

11 United States anthracite as the base load energy for mu12 nicipal district heat to the United States Defense installa13 tions: Provided further, That at Landstuhl Army Regional

14 Medical Center and Ramstein Air Base, furnished heat

15 may be obtained from private, regional or municipal serv16 ices, if provisions are included for the consideration of

17 United States coal as an energy source.

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

19 be used to initiate a special access program without prior

20 notification 30 calendar days in session in advance to the

21 Committees on Appropriations and Armed Services of the

22 Senate and House of Representatives.

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

24 available for the Civilian Health and Medical Program of

25 the Uniformed Services shall be available for payments to
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1 physicians and other authorized individual health care pro2 viders in excess of the amounts allowed in fiscal year 1993

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

4 the Secretary of Defense determines an increase is justi5 fied by economic circumstances, the allowable amounts

6 may be increased in accordance with appropriate economic

7 index data similar to that used pursuant to title XVIII

8 of the Social Security Act; and (b) for services the Sec9 retary determines are overpriced based on allowable pay10 ments under title XVIII of the Social Security Act, the

11 allowable amounts shall be reduced by not more than 15

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

13 Secretary determines that it would impair adequate access

14 to health care services for beneficiaries). The Secretary

15 shall solicit public comment prior to promulgating regula16 tions to implement this section. Such regulations shall in17 clude a limitation, similar to that used under title XVIII

18 of the Social Security Act, on the extent to which a pro19 vider may bill a beneficiary an actual charge in excess of

20 the allowable amount.

21 SEC. 8011. None of the funds provided in this Act

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

23 employs economic order quantity procurement in excess of

24 $20,000,000 in any one year of the contract or that in25 cludes an unfunded contingent liability in excess of
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1 $20,000,000, or (2) a contract for advance procurement

2 leading to a multiyear contract that employs economic

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

4 any one year, unless the Committees on Appropriations

5 and Armed Services of the Senate and House of Rep6 resentatives have been notified at least thirty days in ad7 vance of the proposed contract award: Provided, That no

8 part of any appropriation contained in this Act shall be

9 available to initiate a multiyear contract for which the eco10 nomic order quantity advance procurement is not funded

11 at least to the limits of the Government’s liability: Pro12 vided further, That no part of any appropriation contained

13 in this Act shall be available to initiate multiyear procure14 ment contracts for any systems or component thereof if

15 the value of the multiyear contract would exceed

16 $500,000,000 unless specifically provided in this Act: Pro17 vided further, That no multiyear procurement contract can

18 be terminated without 10-day prior notification to the

19 Committees on Appropriations and Armed Services of the

20 House of Representatives and the Senate: Provided fur21 ther, That the execution of multiyear authority shall re22 quire the use of a present value analysis to determine low23 est cost compared to an annual procurement.

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

25 this Act shall be available to convert a position in support
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1 of the Army Reserve, Air Force Reserve, Army National

2 Guard, and Air National Guard occupied by, or pro3 grammed to be occupied by, a (civilian) military technician

4 to a position to be held by a person in an active duty sta5 tus or active Guard or Reserve status if that conversion

6 would reduce the total number of positions occupied by,

7 or programmed to be occupied by, (civilian) military tech8 nicians of the component concerned, below 69,061: Pro9 vided, That none of the funds appropriated by this Act

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

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

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

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

14 Provided further, That none of the funds appropriated by

15 this Act may be used to include (civilian) military techni16 cians in computing civilian personnel ceilings, including

17 statutory or administratively imposed ceilings, on activi18 ties in support of the Army Reserve, Air Force Reserve,

19 Army National Guard, or Air National Guard.

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

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

22 administratively imposed freeze on civilian positions.

23 SEC. 8012. Within the funds appropriated for the oper24 ation and maintenance of the Armed Forces, funds are here25 by appropriated pursuant to section 401 of title 10, United
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1 States Code, for humanitarian and civic assistance costs

2 under chapter 20 of title 10, United States Code. Such funds

3 may also be obligated for humanitarian and civic assist4 ance costs incidental to authorized operations and pursuant

5 to authority granted in section 401 of chapter 20 of title

6 10, United States Code, and these obligations shall be re7 ported to Congress on September 30 of each year: Provided,

8 That funds available for operation and maintenance shall

9 be available for providing humanitarian and similar assist10 ance by using Civic Action Teams in the Trust Territories

11 of the Pacific Islands and freely associated states of Micro12 nesia, pursuant to the Compact of Free Association as au13 thorized by Public Law 99–239: Provided further, That

14 upon a determination by the Secretary of the Army that

15 such action is beneficial for graduate medical education

16 programs conducted at Army medical facilities located in

17 Hawaii, the Secretary of the Army may authorize the pro18 vision of medical services at such facilities and transpor19 tation to such facilities, on a nonreimbursable basis, for ci20 vilian patients from American Samoa, the Commonwealth

21 of the Northern Mariana Islands, the Marshall Islands, the

22 Federated States of Micronesia, Palau, and Guam.

23 SEC. 8013. Notwithstanding any other provision of

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

25 and local governments for the purposes of disposition of
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1 real property recommended for closure in the report of the

2 Defense Secretary’s Commission on Base Realignments

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

4 from the Defense Base Closure and Realignment Commis5 sion, July 1991, and Public Law 100–526.

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

7 of title 10, United States Code, shall not apply with re8 spect to fiscal year 1994 or with respect to the appropria9 tion of funds for that year.

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

11 the Department of Defense may not be managed on the

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

13 personnel during that fiscal year shall not be subject to

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

15 on the number of such personnel who may be employed

16 on the last day of such fiscal year.

17 (c) The fiscal year 1995 budget request for the De18 partment of Defense as well as all justification material

19 and other documentation supporting the fiscal year 1995

20 Department of Defense budget request shall be prepared

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

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

23 year 1995.

24 SEC. 8014. Notwithstanding any other provision of

25 law, none of the funds made available by this Act shall be
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1 used by the Department of Defense to exceed, outside the

2 fifty United States, its territories, and the District of Co3 lumbia, 131,250 civilian workyears: Provided, That

4 workyears shall be applied as defined in the Federal Person5 nel Manual: Provided further, That workyears expended in

6 dependent student hiring programs for disadvantaged

7 youths shall not be included in this workyear limitation.

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

9 Act shall be used in any way, directly or indirectly, to in10 fluence congressional action on any legislation or appro11 priation matters pending before the Congress.

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

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

14 is initially employed after the date of enactment of this

15 Act as a technician in the administration and training of

16 the Army Reserve and the maintenance and repair of sup17 plies issued to the Army Reserve unless such individual

18 is also a military member of the Army Reserve troop pro19 gram unit that he or she is employed to support. Those

20 technicians employed by the Army Reserve in areas other

21 than Army Reserve troop program units need only be

22 members of the Selected Reserve.

23 SEC. 8017. None of the funds available to the De24 partment of Defense may be used for the floating storage
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1 of petroleum or petroleum products except in vessels of

2 or belonging to the United States.

3 SEC. 8018. Notwithstanding any other provision of

4 law, the Secretaries of the Army and Air Force may au5 thorize the retention in an active status until age sixty

6 of any officer who would otherwise be removed from an

7 active status and who is employed as a National Guard

8 or Reserve technician in a position in which active status

9 in a reserve component of the Army or Air Force is re10 quired as a condition of that employment.

11 SEC. 8019. Notwithstanding any other provision of

12 law, proceeds from the investment of the Fisher House

13 Investment Trust Fund will be used to support the oper14 ation and maintenance of Fisher Houses associated with

15 Army medical treatment facilities.

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

17 this Act shall be used to make contributions to the Depart18 ment of Defense Education Benefits Fund pursuant to

19 section 2006(g) of title 10, United States Code, represent20 ing the normal cost for future benefits under section

21 1415(c) of title 38, United States Code, for any member

22 of the armed services who, on or after the date of enact23 ment of this Act—

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

25 active duty of less than three years; or
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1 (2) receives an enlistment bonus under section

2 308a or 308f of title 37, United States Code,

3 nor shall any amounts representing the normal cost of

4 such future benefits be transferred from the Fund by the

5 Secretary of the Treasury to the Secretary of Veterans

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

7 States Code; nor shall the Secretary of Veterans Affairs

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

9 in the case of a member covered by clause (1), these limi10 tations shall not apply to members in combat arms skills

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

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

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

14 the cost-effective use of special recruiting incentives in15 volving not more than nineteen noncombat arms skills ap16 proved in advance by the Secretary of Defense: Provided

17 further, That this subsection applies only to active compo18 nents of the Army.

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

20 be available for the basic pay and allowances of any mem21 ber of the Army participating as a full-time student and

22 receiving benefits paid by the Secretary of Veterans Af23 fairs from the Department of Defense Education Benefits

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

25 toward completion of a service commitment: Provided,
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1 That this subsection shall not apply to those members who

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

3 Provided further, That this subsection applies only to ac4 tive components of the Army.

5 SEC. 8021. Funds appropriated in this Act shall be

6 available for the payment of not more than 75 percent

7 of the charges of a postsecondary educational institution

8 for the tuition or expenses of an officer in the Ready Re9 serve of the Army National Guard or Army Reserve for

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

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

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

13 least four years after completion of such training or edu14 cation.

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

16 Act shall be available to convert to contractor performance

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

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

19 by more than ten Department of Defense civilian employ20 ees until a most efficient and cost-effective organization

21 analysis is completed on such activity or function and cer22 tification of the analysis is made to the Committees on

23 Appropriations of the House of Representatives and the

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

25 commercial or industrial type function of the Department
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1 of Defense that: (1) is included on the procurement list

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

3 1938 (41 U.S.C. 47), popularly referred to as the Javits4 Wagner-O’Day Act; (2) is planned to be converted to per5 formance by a qualified nonprofit agency for the blind or

6 by a qualified nonprofit agency for other severely handi7 capped individuals in accordance with that Act; or (3) is

8 planned to be converted to performance by a qualified firm

9 under 51 percent Native American ownership.

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

11 available by this Act may be obligated for acquisition of

12 major automated information systems which have not suc13 cessfully completed oversight reviews required by Defense

14 Department regulations: Provided, That the automated in15 formation systems oversight review board will be inde16 pendent of any other Department review function and

17 chaired by the Assistant Secretary of Defense (Command,

18 Control, Communications and Intelligence): Provided fur19 ther, That except for those programs to modernize and de20 velop migration and standard automated information sys21 tems that have been certified by the Department’s senior

22 information resource management (IRM) official as being

23 fully compliant with the Department’s information man24 agement initiative as defined in Defense Department Di25 rective 8000.1, no funds may be expended for moderniza-
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1 tion or development of any automated information system

2 (AIS) by the military departments, services, defense agen3 cies, Joint Staff or Military Commands in excess of

4 $1,000,000 unless the senior official of the Office of the

5 Secretary of Defense with primary responsibility for the

6 functions being supported or to be supported certifies to

7 the Assistant Secretary of Defense for Command, Control,

8 Communications and Intelligence that the functional

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

10 or development has no unnecessary duplication of other

11 available or planned AISs: Provided further, That the De12 partment shall develop the capability for open systems in13 tegration of commercial-off-the-shelf (COTS) applications

14 within the Composite Health Care System (CHCS): Pro15 vided further, That the Department shall limit deployment

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

17 and processing centers, and shall procure, install, and in18 tegrate by April 1, 1994, at two or more CHCS sites an

19 open system compliant COTS hospital-based blood bank/

20 transfusion application, with security access by application

21 function and developed in the same application language

22 as CHCS: Provided further, That the Department shall

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

24 April 1, 1994, an open system integrated anatomic pathol25 ogy COTS application with security access by application
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1 function and developed with the same software application

2 language as CHCS: Provided further, That notwithstand3 ing any other provision of law, the one time investment

4 cost, including the procurement or lease of new or

5 reutilized automatic data processing investment equip6 ment, peripheral equipment and related software, for the

7 July 16, 1993 DOD Data Center Consolidation Plan shall

8 not exceed $309,000,000.

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

10 available by this Act may be obligated for acquisition of

11 major automated information systems which have not suc12 cessfully completed oversight reviews required by Defense

13 Department regulations: Provided, That none of the funds

14 appropriated or made available by this Act may be obli15 gated on Composite Health Care System acquisition con16 tracts if such contracts would cause the total life cycle cost

17 estimate of $1,600,000,000 expressed in fiscal year 1986

18 constant dollars to be exceeded.

19 SEC. 8024. Notwithstanding any other provision of

20 law, the Secretary of the Navy may use funds appro21 priated to charter ships to be used as auxiliary mine22 sweepers providing that the owner agrees that these ships

23 may be activated as Navy Reserve ships with Navy Re24 serve crews used in training exercises conducted in accord25 ance with law and policies governing Naval Reserve forces:
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1 Provided, That none of the funds appropriated or made

2 available in this Act may be used to inactivate, disestab3 lish, or discontinue the Navy’s Craft of Opportunity Pro4 gram.

5 SEC. 8025. Notwithstanding any other provision of

6 law, the Department shall competitively award contracts

7 in fiscal year 1994 for at least four new region-wide, at8 risk, fixed price managed care support contracts consist9 ent with the following requirements: (1) each contract or

10 acquisition shall reflect the major features of the

11 CHAMPUS Reform Initiative and include provision for

12 the commanders of major military medical centers to par13 ticipate as the regional lead agents; (2) each such contract

14 or acquisition shall include a triple option benefit; (3) one

15 similar contract or acquisition shall cover the State of

16 Florida (which may include Department of Veterans Af17 fairs’ medical facilities with the concurrence of the Sec18 retary of Veterans Affairs); (4) one similar contract shall

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

20 other such contract or acquisition shall include at least

21 one complete State; (6) the managed care support con22 tracts for California and Hawaii, Florida, Washington and

23 Oregon shall not be counted for purposes of the required

24 four new contracts of acquisitions; and (7) the Depart25 ment shall modify a currently operating CHAMPUS serv-
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1 ice contract to include an at-risk managed health care pro2 vision, to provide services not later than 90 days after en3 actment of this Act, in the area of Homestead Air Force

4 Base, to include the Homestead and South Miami Hos5 pitals as institutional providers, with a benefit structure

6 substantially identical to that established in fiscal year

7 1993 for the Carswell, Bergstrom and England Air Force

8 Bases (including a retail pharmacy network available to

9 Medicare-eligible beneficiaries), said provision to remain

10 effective as an interim measure until implementation of

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

12 this section: Provided further, That none of the funds ap13 propriated, or otherwise made available to the Department

14 of Defense, by this or any other Act of Congress, shall

15 be used to implement or administer any changes to the

16 operating CHAMPUS Reform Initiative-like contracts un17 less the scope of benefits and program management struc18 ture are consistent with the basic CHAMPUS Reform Ini19 tiative design in operation on January 1, 1993: Provided

20 further, That any law or regulation of a State or local gov21 ernment relating to health insurance, prepaid health

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

23 financing methods shall be preempted and shall not apply

24 to any contract entered into pursuant to chapter 55 of

25 title 10, United States Code: Provided further, That any
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1 requirements for the certification of cost effectiveness, ac2 cess and quality of any managed health care programs will

3 be construed to require that the certification compare on

4 a national basis the program to be certified with the stand5 ard CHAMPUS program as determined by the application

6 of sound actuarial principles: Provided further, That the

7 Department shall competitively award at least two con8 tracts in fiscal year 1994 for stand-alone, at-risk managed

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

10 consistent with the management and service delivery fea11 tures in operation in the Contracted Provider Arrange12 ment (CPA) Tidewater Demonstration.

13 SEC. 8025. None of the funds appropriated by this Act

14 may be used to establish new region-wide, at-risk, fixed

15 price managed care contracts possessing features similar to

16 those of the CHAMPUS Reform Initiative until such time

17 as the Secretary of Defense submits to the Congress a plan

18 to implement a nation-wide managed health care program

19 for the military health services system: Provided, That the

20 program shall include, but not be limited to: (1) a uniform,

21 stabilized benefit structure characterized by a triple option

22 health benefit feature; (2) a regionally-based health care

23 management system; (3) cost minimization incentives in24 cluding ‘‘gatekeeping’’ and annual enrollment procedures,

25 capitation budgeting, and at-risk provider contracts; and
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1 (4) full and open competition for all managed care support

2 contracts: Provided further, That the implementation of the

3 nation-wide managed care military health services system

4 shall be completed by September 30, 1996.

5 SEC. 8026. Funds appropriated or made available in

6 this Act shall be obligated and expended to continue to

7 fully utilize the facilities at the United States Army Engi8 neer’s Waterways Experiment Station, including the con9 tinued availability of the supercomputer capability: Pro10 vided, That none of the funds in this Act may be used

11 to purchase any supercomputer which is not manufactured

12 in the United States, unless the Secretary of Defense cer13 tifies to the Armed Services and Appropriations Commit14 tees of Congress that such an acquisition must be made

15 in order to acquire capability for national security pur16 poses that is not available from United States manufactur17 ers.

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

19 and Emergency Deficit Control Act of 1985 (Public Law

20 99–177) as amended by the Balanced Budget and Emer21 gency Deficit Control Reaffirmation Act of 1987 (Public

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

23 1990 (Public Law 101–508), the term program, project,

24 and activity for appropriations contained in this Act shall

25 be defined as the most specific level of budget items identi-
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1 fied in the Department of Defense Appropriations Act,

2 1994, the accompanying House and Senate Committee re3 ports, the conference report and accompanying joint ex4 planatory statement of the managers of the Committee of

5 Conference, the related classified annexes and reports, and

6 the P–1 and R–1 budget justification documents as subse7 quently modified by Congressional action: Provided, That

8 the following exception to the above definition shall apply:

9 For the Military Personnel and the Operation and

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

11 activity’’ is defined as the appropriations accounts con12 tained in the Department of Defense Appropriations Act:

13 Provided further, That at the time the President submits

14 his budget for fiscal year 1995, the Department of De15 fense shall transmit to the Committees on Appropriations

16 and the Committees on Armed Services of the Senate and

17 the House of Representatives a budget justification docu18 ment to be known as the ‘‘O–1’’ which shall identify, at

19 the budget activity, activity group, and subactivity group

20 level, the amounts requested by the President to be appro21 priated to the Department of Defense for operation and

22 maintenance in any budget request, or amended budget

23 request, for fiscal year 1995.

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

25 $217,600,000 shall be available only for the Reserve Com-
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1 ponent Automation System (RCAS): Provided, That none

2 of these funds can be expended—

3 (1) except as approved by the Chief of the Na4 tional Guard Bureau;

5 (2) unless RCAS resource management func6 tions are performed by the National Guard Bureau;

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

8 manager who has not been selected and approved by

9 the Chief of the National Guard Bureau and char10 tered by the Chief of the National Guard Bureau

11 and the Secretary of the Army;

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

13 makes the PM accountable to the Chief of the Na14 tional Guard Bureau and fully defines his authority,

15 responsibility, reporting channels and organizational

16 structure;

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

18 the RCAS program management office unless such

19 organization is comprised of personnel chosen jointly

20 by the Chiefs of the National Guard Bureau and the

21 Army Reserve;

22 (6) to pay contracted costs for the acquisition

23 of RCAS unless RCAS is an integrated system con24 sisting of software, hardware, and communications

25 equipment and unless such contract continues to
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1 preclude the use of Government furnished equip2 ment, operating systems, and executive and applica3 tions software; and

4 (7) unless RCAS performs its own classified in5 formation processing: Provided further, That not6 withstanding any other provision of law, none of the

7 funds appropriated shall be available for procure8 ment of computers for the Army Reserve Component

9 which are used to network or expand the capabilities

10 of existing or future information systems or dupli11 cate functions to be provided under the RCAS con12 tract unless the procurement meets the following cri13 teria: (A) only RCAS automated data processing

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

15 numbers and types allocated by the RCAS program

16 to each site; (B) the requesting organizational ele17 ment has no computer for stand-alone office auto18 mation usage; (C) replacement equipment will not

19 exceed the minimum required to maintain the reli20 ability of existing capabilities; (D) replacements will

21 be justified solely on the cost and feasibility of re22 pairs and maintenance of present ADP equipment as

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

24 procurement is recommended by both the Chief of

25 the respective Reserve Component and the Chief of
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1 the National Guard Bureau, and approved by the

2 Functional Proponent in the Department of De3 fense.

4 SEC. 8028. None of the funds appropriated or other5 wise made available by this Act may be obligated or ex6 pended for development or procurement of any automated

7 Computer Aided Logistics system unless specific approval

8 for such system is provided in writing to the Committees

9 on Appropriations and Armed Services of the House and

10 Senate by the Deputy Under Secretary of Defense (Logis11 tics) at least 30 days prior to any contract solicitation.

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

13 available for the purchase by the Department of Defense

14 (and its departments and agencies) of welded shipboard

15 anchor and mooring chain 4 inches in diameter and under

16 unless the anchor and mooring chain are manufactured

17 in the United States from components which are substan18 tially manufactured in the United States: Provided, That

19 for the purpose of this section manufactured will include

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

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

22 Provided further, That for the purpose of this section sub23 stantially all of the components of anchor and mooring

24 chain shall be considered to be produced or manufactured

25 in the United States if the aggregate cost of the compo-
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1 nents produced or manufactured in the United States ex2 ceeds the aggregate cost of the components produced or

3 manufactured outside the United States: Provided further,

4 That when adequate domestic supplies are not available

5 to meet Department of Defense requirements on a timely

6 basis, the Secretary of the service responsible for the pro7 curement may waive this restriction on a case-by-case

8 basis by certifying in writing to the Committees on Appro9 priations that such an acquisition must be made in order

10 to acquire capability for national security purposes.

11 SEC. 8029. Notwithstanding any other provision of

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

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

14 lock on a safe or security container which protects informa15 tion critical to national security or any other classified ma16 terials and which has not been certified as passing the secu17 rity lock specifications contained in regulation FF–L–2740

18 dated October 12, 1989, and has not passed all testing cri19 teria and procedures established through February 28,

20 1992.

21 (TRANSFER OF FUNDS)

22 SEC. 8030. Notwithstanding any other provision of

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

24 unobligated balances and funds appropriated in this Act

25 to the operation and maintenance appropriations for the

26 purpose of providing military technician and Department
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1 of Defense medical personnel pay and medical programs

2 (including CHAMPUS) the same exemption from seques3 tration set forth in the Balanced Budget and Emergency

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

5 amended by the Balanced Budget and Emergency Deficit

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

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

8 101–508) as that granted the other military personnel ac9 counts: Provided, That any transfer made pursuant to any

10 use of the authority provided by this provision shall be

11 limited so that the amounts reprogrammed to the oper12 ation and maintenance appropriations do not exceed the

13 amounts sequestered under the Balanced Budget and

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

15 177) as amended by the Balanced Budget and Emergency

16 Deficit Control Reaffirmation Act of 1987 (Public Law

17 100–119) and by the Budget Enforcement Act of 1990

18 (Public Law 101–508): Provided further, That the author19 ity to make transfers pursuant to this section is in addi20 tion to the authority to make transfers under other provi21 sions of this Act: Provided further, That the Secretary of

22 Defense may proceed with such transfer after notifying

23 the Appropriations Committees of the House of Rep24 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. 8030. None of the funds available to the Depart4 ment of the Navy may be used to enter into any contract

5 for the overhaul, repair, or maintenance of any naval vessel

6 homeported on the West Coast of the United States which

7 includes charges for interport differential as an evaluation

8 factor for award.

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

10 Act available for the Civilian Health and Medical Program

11 of the Uniformed Services (CHAMPUS) shall be available

12 for the reimbursement of any health care provider for in13 patient mental health service for care received when a pa14 tient is referred to a provider of inpatient mental health

15 care or residential treatment care by a medical or health

16 care professional having an economic interest in the facil17 ity to which the patient is referred: Provided, That this

18 limitation does not apply in the case of inpatient mental

19 health services provided under the program for the handi20 capped under subsection (d) of section 1079 of title 10,

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

22 provided pursuant to a waiver authorized by the Secretary

23 of Defense because of medical or psychological cir24 cumstances of the patient that are confirmed by a health

25 professional who is not a Federal employee after a review,
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1 pursuant to rules prescribed by the Secretary, which takes

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

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

4 availability of that care.

5 SEC. 8032. All new Department of Defense procure6 ments shall separately identify software costs in the work

7 breakdown structure defined by MIL–STD–881 in those

8 instances where software is considered to be a major cat9 egory of cost.

10 SEC. 8033. During the current fiscal year and there11 after, of the funds appropriated, reimbursable expenses in12 curred by the Department of Defense on behalf of the So13 viet Union or its successor entities in monitoring United

14 States implementation of the Treaty Between the United

15 States of America and the Union of Soviet Socialist Re16 publics on the Elimination of Their Intermediate-Range

17 or Shorter-Range Missiles (‘‘INF Treaty’’), concluded De18 cember 8, 1987, may be treated as orders received and

19 obligation authority for the applicable appropriation, ac20 count, or fund increased accordingly. Likewise, any reim21 bursements received for such costs may be credited to the

22 same appropriation, account, or fund to which the ex23 penses were charged: Provided, That reimbursements

24 which are not received within one hundred and eighty days

25 after submission of an appropriate request for payment
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1 shall be subject to interest at the current rate established

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

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

4 on the one hundred and eighty-first day following submis5 sion of an appropriate request for payment: Provided fur6 ther, That funds appropriated in this Act may be used to

7 reimburse United States military personnel for reasonable

8 costs of subsistence, at rates to be determined by the Sec9 retary of Defense, incurred while accompanying Soviet In10 spection Team members or inspection team members of

11 the successor entities of the Soviet Union engaged in ac12 tivities related to the INF Treaty: Provided further, That

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

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

15 is performed at, near, or away from an individual’s perma16 nent duty station.

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

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

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

20 the Vietnam era to an annual meeting in the United

21 States, under such regulations as the Secretary of Defense

22 may prescribe.

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

24 to the Department of Defense or Navy shall be obligated

25 or expended for (or to implement) automatic data process-
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1 ing, data processing center, central design activity, DMRD

2 918, defense information infrastructure, military or civil3 ian personnel and finance and accounting function consoli4 dation plans, consolidations, and disestablishment or re5 alignment plans that impact, in terms of reductions in

6 force or transfers in military and civilian personnel, end

7 strength, billets, functions, or missions, the Enlisted Per8 sonnel Management Center, the Naval Computer and

9 Telecommunications Station and Defense Accounting Of10 fice, New Orleans, and the Naval Reserve Personnel Cen11 ter and related missions, functions, and commands until

12 sixty legislative days after the Secretary of Defense sub13 mits to the House and Senate Committees on Appropria14 tions a report, including complete review comments and

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

16 Comptroller General, justifying and certifying that such

17 plans and actions: (1) do not consolidate, plan to consoli18 date, disestablish or realign Department of Defense or

19 Service data processing functions or centers, central de20 sign activities, finance and accounting or military and ci21 vilian personnel functions and activities, or claim savings

22 from such function and activity consolidations and dis23 establishment, realignment, or consolidation plans, that

24 are in more than one defense management report plan or

25 decision or any other Department of Defense or Service
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1 consolidation, disestablishment, or realignment plan; (2)

2 utilize criteria primarily weighted to evaluate, measure,

3 and compare how data processing centers, central design

4 activities, financing and accounting and military and civil5 ian personnel functions and activities are ranked in terms

6 of operational readiness, customer satisfaction, and the

7 most cost effective and least expensive from a business

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

9 will provide equal or better service for DOD customers;

10 (4) will not adversely impact the quality of life and bene11 fits of the individual service person, dependents, and civil12 ian personnel; and (5) will not adversely impact the mis13 sion and readiness of the Navy and Naval Reserves: Pro14 vided, That none of the provisions in this section shall,

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

16 Closure and Realignment Commission recommendations.

17 SEC. 8035. Such sums as may be necessary for fiscal

18 year 1994 pay raises for programs funded by this Act shall

19 be derived from funds within the amounts appropriated in

20 this Act.

21 SEC. 8036. Notwithstanding any other provision of

22 law, during the current fiscal year, the Secretary of De23 fense may, by Executive Agreement, establish with host

24 nation governments in NATO member states a separate

25 account into which such residual value amounts negotiated
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1 in the return of United States military installations in

2 NATO member states may be deposited, in the currency

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

4 the United States Treasury: Provided, That such credits

5 may be utilized only for the construction of facilities to

6 support United States military forces in that host nation,

7 or such real property maintenance and base operating

8 costs that are currently executed through monetary trans9 fers to such host nations: Provided further, That the De10 partment of Defense’s budget submission for fiscal year

11 1995 shall identify such sums anticipated in residual value

12 settlements, and identify such construction, real property

13 maintenance or base operating costs that shall be funded

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

15 That all military construction projects to be executed from

16 such accounts must be previously approved in a prior Act

17 of Congress: Provided further, That each such Executive

18 Agreement with a NATO member host nation shall be re19 ported to the Committees on Appropriations and Armed

20 Services of the House of Representatives and the Senate

21 thirty days prior to the conclusion and endorsement of any

22 such agreement established under this provision.

23 SEC. 8037. All obligations incurred in anticipation of

24 the appropriations and authority provided in this Act are
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1 hereby ratified and confirmed if otherwise in accordance

2 with the provisions of this Act.

3 SEC. 8038. None of the funds available to the De4 partment of Defense in this Act shall be used to demili5 tarize or dispose of more than 310,784 unserviceable M1

6 Garand rifles and M1 Carbines.

7 SEC. 8039. Notwithstanding any other provision of

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

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

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

11 Code, in a lump sum.

12 SEC. 8040. None of the funds appropriated by this

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

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

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

17 provision are represented as such in future budget

18 proposals.

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

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

22 North Carolina: Provided, That adjustments may be made

23 for normal and reasonable price and program growth.

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

25 Act may be used to pay health care providers under the
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1 Civilian Health and Medical Program of the Uniformed

2 Services (CHAMPUS) for services determined under the

3 CHAMPUS Peer Review Organization (PRO) Program to

4 be not medically or psychologically necessary. The Sec5 retary of Defense may by regulation adopt any quality and

6 utilization review requirements and procedures in effect

7 for the Peer Review Organization Program under title

8 XVIII of the Social Security Act (Medicare) that the Sec9 retary determines necessary, and may adapt the Medicare

10 requirements and procedures to the circumstances of the

11 CHAMPUS PRO Program as the Secretary determines

12 appropriate.

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

14 Act shall be available for payments under the Department

15 of Defense contract with the Louisiana State University

16 Medical Center involving the use of cats for Brain Missile

17 Wound Research, and the Department of Defense shall

18 not make payments under such contract from funds obli19 gated prior to the date of the enactment of this Act, except

20 as necessary for costs incurred by the contractor prior to

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

22 after the final General Accounting Office report on the

23 aforesaid contract is submitted for review to the Commit24 tees on Appropriations of the House of Representatives
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1 and the Senate: Provided, That funds necessary for the

2 care of animals covered by this contract are allowed.

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

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

5 research at the Letterman Army Institute of Research any

6 Army Research Laboratory until the Secretary of the Army

7 certifies that the synthetic compound to be used in the

8 experiments is of such a type that its use will result in

9 a significant medical finding, the research has military ap10 plication, the research will be conducted in accordance

11 with the standards set by an animal care and use commit12 tee, and the research does not duplicate research already

13 conducted by a manufacturer or any other research orga14 nization.

15 SEC. 8045. The Secretary of Defense shall include

16 in any base closure and realignment plan submitted to

17 Congress after the date of enactment of this Act, a com18 plete review for the five-year period beginning on Octo19 ber 1, 1993, which shall include expected force structure

20 and levels for such period, expected installation require21 ments for such period, a budget plan for such period, the

22 cost savings expected to be realized through realignments

23 and closures of military installations during such period,

24 an economics model to identify the critical local economic

25 sectors affected by proposed closures and realignments of
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1 military installations and an assessment of the economic

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

3 be realigned or closed.

4 SEC. 8046. No more than $50,000 of the funds ap5 propriated or made available in this Act shall be used for

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

7 function of the Department of Defense into or within the

8 National Capital Region: Provided, That the Secretary of

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

10 by certifying in writing to the Committees on Appropria11 tions of the House of Representatives and Senate that

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

13 Government: Provided further, That no funds appropriated

14 or made available in this Act shall be used for the reloca15 tion into the National Capital Region of the Air Force Of16 fice of Medical Support located at Brooks Air Force Base.

17 SEC. 8046. Notwithstanding any other provision of

18 law, each contract awarded by the Department of Defense

19 in fiscal year 1994 for construction or service performed

20 in whole or in part in a State which is not contiguous with

21 another State and has an unemployment rate in excess of

22 the national average rate of unemployment as determined

23 by the Secretary of Labor shall include a provision requir24 ing the contractor to employ, for the purpose of performing

25 that portion of the contract in such State that is not contig-
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1 uous with another State, individuals who are residents of

2 such State and who, in the case of any craft or trade, pos3 sess or would be able to acquire promptly the necessary

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

5 the requirements of this section in the interest of national

6 security.

7 SEC. 8047. During the current fiscal year, funds ap8 propriated or otherwise available for any Federal agency,

9 the Congress, the judicial branch, or the District of Co10 lumbia may be used for the pay, allowances, and benefits

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

12 an individual employed by the government of the District

13 of Columbia, permanent or temporary indefinite, who—

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

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

16 or the National Guard, as described in section 101

17 of title 32;

18 (2) performs, for the purpose of providing mili19 tary aid to enforce the law or providing assistance

20 to civil authorities in the protection or saving of life

21 or property or prevention of injury—

22 (A) Federal service under section 331,

23 332, 333, 3500, or 8500 of title 10, or other

24 provision of law, as applicable, or
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1 (B) full-time military service for his State,

2 the District of Columbia, the Commonwealth of

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

4 and

5 (3) requests and is granted—

6 (A) leave under the authority of this sec7 tion; or

8 (B) annual leave, which may be granted

9 without regard to the provisions of sections

10 5519 and 6323(b) of title 5, if such employee

11 is otherwise entitled to such annual leave:

12 Provided, That any employee who requests leave under

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

14 of this section is entitled to such leave, subject to the pro15 visions of this section and of the last sentence of section

16 6323(b) of title 5, and such leave shall be considered leave

17 under section 6323(b) of title 5.

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

19 Act shall be available to perform any cost study pursuant

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

21 performed exceeds a period of twenty-four months after

22 initiation of such study with respect to a single function

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

24 for a multi-function activity.
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1 SEC. 8049. Funds appropriated by this Act for the

2 American Forces Information Service shall not be used for

3 any national or international political or psychological ac4 tivities.

5 SEC. 8050. Notwithstanding any other provision of

6 law or regulation, the Secretary of Defense may adjust

7 wage rates for civilian employees hired for certain health

8 care occupations as authorized for the Secretary of Veter9 ans Affairs by section 7455 of title 38, United States

10 Code.

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

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

13 the military or civilian medical and medical support per14 sonnel end strength as of September 30, 1993, as defined

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

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

17 to reduce the military or civilian medical and medical sup18 port personnel end strength at a base undergoing a partial

19 closure or realignment, where more than one joint com20 mand is located, below the September 30, 1991 level.

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

22 not less than $11,679,000 $10,596,000 shall be available

23 for the Civil Air Patrol, of which $4,642,000 $4,471,000

24 shall be available for Operation and Maintenance.
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1 SEC. 8053. None of the funds appropriated or made

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

3 the operation of the 815th Weather Squadron of the Air

4 Force Reserve, if such action would reduce the WC–130

5 Weather Reconnaissance mission below the levels funded

6 in this Act.

7 SEC. 8054. During the current fiscal year, with8 drawal credits may be made by the Defense Business Op9 erations Fund to the credit of current applicable appro10 priations of an activity of the Department of Defense in

11 connection with the acquisition by that activity of supplies

12 that are repairable components which are repairable at a

13 repair depot and that are capitalized into the Defense

14 Business Operations Fund as the result of management

15 changes concerning depot level repairable assets charged

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

17 customer of the Defense Business Operations Fund that

18 became effective on April 1, 1992.

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

20 supplies or services appropriated by this Act, qualified

21 nonprofit agencies for the blind or other severely handi22 capped shall be afforded the maximum practicable oppor23 tunity to participate as subcontractors and suppliers in the

24 performance of contracts let by the Department of De25 fense.
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1 (b) During the current fiscal year, a business concern

2 which has negotiated with a military service or defense

3 agency a subcontracting plan for the participation by

4 small business concerns pursuant to section 8(d) of the

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

6 credit toward meeting that subcontracting goal for any

7 purchases made from qualified nonprofit agencies for the

8 blind or other severely handicapped.

9 (c) For the purpose of this section, the phrase ‘‘quali10 fied nonprofit agency for the blind or other severely handi11 capped’’ means a nonprofit agency for the blind or other

12 severely handicapped that has been approved by the Com13 mittee for the Purchase from the Blind and Other Severely

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

15 U.S.C. 46–48).

16 SEC. 8056. During the current fiscal year and there17 after, there is established, under the direction and control

18 of the Attorney General, the National Drug Intelligence

19 Center, whose mission it shall be to coordinate and con20 solidate drug intelligence from all national security and

21 law enforcement agencies, and produce information re22 garding the structure, membership, finances, communica23 tions, and activities of drug trafficking organizations: Pro24 vided, That funding for the operation of the National

25 Drug Intelligence Center, including personnel costs associ-
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1 ated therewith, shall be provided from the funds appro2 priated to the Department of Defense.

3 SEC. 8056. Notwithstanding any other provision of

4 law, in addition to the funds made available elsewhere in

5 this Act to the Department of the Navy, $60,000,000 to re6 main available until expended, shall be made available only

7 for obligations incurred in the conveyance, clean-up, and

8 restoration of Kaho’olawe Island.

9 SEC. 8057. During the current fiscal year and there10 after, the Navy may provide notice to exercise options

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

12 accordance with the terms of the Aide Memoire, dated

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

14 April 30, 1986, and as implemented in the LEASAT con15 tract.

16 SEC. 8058. During the current fiscal year, net re17 ceipts pursuant to collections from third party payers pur18 suant to section 1095 of title 10, United States Code, shall

19 be made available to the local facility of the uniformed

20 services responsible for the collections and shall be over

21 and above the facility’s direct budget amount.

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

23 obligated for the procurement of Multibeam Sonar Map24 ping Systems, and supporting software, not engineered

25 and manufactured in the United States: Provided, That
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1 the Secretary of the military department responsible for

2 such procurement may waive this restriction on a case3 by-case basis by certifying in writing to the Committees

4 on Appropriations of the House of Representatives and the

5 Senate that adequate domestic supplies are not available

6 to meet Department of Defense requirements on a timely

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

8 to acquire capability for national security purposes.

9 SEC. 8059. Of the funds made available by this Act

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

11 each appropriations account in title III, shall be available

12 for incentive payments authorized by section 504 of the In13 dian Financing Act of 1974, 25 U.S.C. 1544. These pay14 ments shall be available only to contractors which have sub15 mitted subcontracting plans pursuant to 15 U.S.C.

16 637(d)(4)(B), and according to regulations which shall be

17 promulgated by the Secretary of Defense within 90 days

18 of the passage of this Act.

19 SEC. 8060. During the current fiscal year and there20 after, notwithstanding any other provision of law, the De21 partment of Defense is hereby authorized to develop and

22 procure the LANDSAT 7 vehicle.

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

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

25 military medical facility with a health care professional
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1 unless the prospective candidate can demonstrate profes2 sional administrative skills.

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

4 the Defense Health Program, notwithstanding any other

5 provision of law, the amount payable for services provided

6 under this section shall not be less than the amount cal7 culated under the coordination of benefits reimbursement

8 formula utilized when CHAMPUS is a secondary payor

9 to medical insurance programs other than Medicare, and

10 such appropriations as necessary, $20,000,000, shall be

11 available (notwithstanding the last sentence of section

12 1086(c) of title 10, United States Code) to continue Civil13 ian Health and Medical Program of the Uniformed Serv14 ices (CHAMPUS) benefits, until age 65, under such sec15 tion for a former member of a uniformed service who is

16 entitled to retired or retainer pay or equivalent pay, or

17 a dependent of such a member, or any other beneficiary

18 described by section 1086(c) of title 10, United States

19 Code, who becomes eligible for hospital insurance benefits

20 under part A of title XVIII of the Social Security Act (42

21 U.S.C. 1395 et seq.) solely on the grounds of physical dis22 ability, or end stage renal disease: Provided, That expenses

23 under this section shall only be covered to the extent that

24 such expenses are not covered under parts A and B of

25 title XVIII of the Social Security Act and are otherwise
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1 covered under CHAMPUS: Provided further, That no re2 imbursement shall be made for services provided prior to

3 October 1, 1991.

4 SEC. 8063. During the current fiscal year, the Sec5 retary of Defense may accept burdensharing contributions

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

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

8 employees, supplies, and services of the Department of De9 fense to be credited to applicable Department of Defense

10 operation and maintenance appropriations available for

11 the salaries and benefits of national employees of Japan,

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

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

14 same purposes and time period as those appropriations to

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

16 after the end of each quarter of the fiscal year, the Sec17 retary of Defense shall submit to the Congress a report

18 of contributions accepted by the Secretary under this pro19 vision during the preceding quarter.

20 SEC. 8064. (a) Funds appropriated in this Act to fi21 nance activities of Department of Defense (DOD) Feder22 ally Funded Research and Development Centers

23 (FFRDCs) may not be obligated or expended for an

24 FFRDC if a member of its Board of Directors or Trustees

25 simultaneously serves on the Board of Directors or Trust-
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1 ees of a profit-making company under contract to the De2 partment of Defense unless the FFRDC has a DOD ap3 proved conflict of interest policy for its members.

4 (b) None of the funds appropriated in this Act are

5 available to establish a new FFRDC, either as a new en6 tity, or as a separate entity administered by an organiza7 tion managing another FFRDC, or as a nonprofit mem8 bership corporation consisting of a consortium of other

9 FFRDCs and other nonprofit entities.

10 (c) Notwithstanding any other provision of law, of the

11 amounts available to the Department of Defense during fis12 cal year 1994, not more than $1,352,650,000 may be obli13 gated for financing activities of federally funded research

14 and development centers.

15 (d) The total amount appropriated for research, devel16 opment, test and evaluation by this Act is hereby reduced

17 by $200,000,000 to reflect the obligation limitation con18 tained in subsection (c).

19 SEC. 8065. None of the funds appropriated or made

20 available in this Act shall be used to procure carbon, alloy

21 or armor steel plate for use in any Government-owned fa22 cility or property under the control of the Department of

23 Defense which were not melted and rolled in the United

24 States or Canada: Provided, That these procurement re25 strictions shall apply to any and all Federal Supply Class
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1 9515, American Society of Testing and Materials (ASTM)

2 or American Iron and Steel Institute (AISI) specifications

3 of carbon, alloy or armor steel plate: Provided further,

4 That the Secretary of the military department responsible

5 for the procurement may waive this restriction on a case6 by-case basis by certifying in writing to the Committees

7 on Appropriations of the House of Representatives and the

8 Senate that adequate domestic supplies are not available

9 to meet Department of Defense requirements on a timely

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

11 to acquire capability for national security purposes: Pro12 vided further, That these restrictions shall not apply to

13 contracts which are in being as of the date of enactment

14 of this Act.

15 SEC. 8066. Notwithstanding any other provision of

16 law, no more than 15 percent of the funds available to

17 the Department of Defense for sealift may be used to ac18 quire, directly or indirectly, through charter or purchase,

19 ships constructed in foreign shipyards: Provided, That

20 ships acquired as provided above shall be necessary to sat21 isfy the shortfalls identified in the Mobility Requirements

22 Study: Provided further, That any work required to con23 vert foreign built ships acquired as provided above to Unit24 ed States Coast Guard and American Bureau of Shipping

25 standards, or conversion to a more useful military configu-
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1 ration, must be accomplished in United States domestic

2 shipyards: Provided further, That none of the funds shall

3 be used to purchase the following major components:

4 bridge or machinery control systems, or interior commu5 nications equipment, auxiliary equipment, including

6 pumps for all shipboard services, propulsion system com7 ponents (that is, engines, reduction gears, and propellers),

8 shipboard cranes, and spreaders for shipboard cranes for

9 sealift ships unless the systems or equipment, and their

10 components, are manufactured in the United States: Pro11 vided further, That the Secretary of the military depart12 ment responsible for such procurement may waive this re13 striction on a case-by-case basis by certifying in writing

14 to the Committees on Appropriations of the House of Rep15 resentatives and the Senate that adequate domestic sup16 plies are not available to meet Department of Defense re17 quirements on a timely basis and that such an acquisition

18 must be made in order to acquire capability for national

19 security purposes.

20 SEC. 8065. None of the funds available to the Depart21 ment of Defense during the current fiscal year may be obli22 gated or expended to develop for aircraft or helicopter weap23 ons systems an airborne instrumentation system for flight

24 test data acquisition, or to develop or implement modifica25 tions to an existing airborne instrumentation system, other
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1 than the Common Airborne Instrumentation System under

2 development in the Central Test and Evaluation Investment

3 Development program element funded in the ‘‘Developmen4 tal Test and Evaluation, Defense’’ appropriations account.

5 SEC. 8066. None of the unobligated balances available

6 in the National Defense Stockpile Transaction Fund during

7 the current fiscal year may be obligated or expended to fi8 nance any grant or contract to conduct research, develop9 ment, test and evaluation activities for the development or

10 production of advanced materials, unless amounts for such

11 purposes are specifically appropriated in a subsequent ap12 propriations Act.

13 SEC. 8067. For the purposes of this Act, the term

14 ‘‘congressional defense committees’’ means the Commit15 tees on Armed Services, the Committees on Appropria16 tions, and the subcommittees on Defense of the Committee

17 on Appropriations, of the Senate and the House of Rep18 resentatives.

19 SEC. 8068. Notwithstanding any other provision of

20 law, during the current fiscal year, the Secretary of De21 fense may acquire the modification, depot maintenance

22 and repair of aircraft, vehicles and vessels as well as the

23 production of components and other Defense-related arti24 cles, through competition between Department of Defense

25 depot maintenance activities and private firms: Provided,
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1 That the Senior Acquisition Executive of the military de2 partment or defense agency concerned, with power of dele3 gation, shall certify that successful bids include com4 parable estimates of all direct and indirect costs for both

5 public and private bids: Provided further, That Office of

6 Management and Budget Circular A–76 shall not apply

7 to competitions conducted under this section.

8 SEC. 8069. (a)(1) If the Secretary of Defense, after

9 consultation with the United States Trade Representative,

10 determines that a foreign country which is party to an

11 agreement described in paragraph (2) has violated the

12 terms of the agreement by discriminating against certain

13 types of products produced in the United States that are

14 covered by the agreement, the Secretary of Defense shall

15 rescind the Secretary’s blanket waiver of the Buy Amer16 ican Act with respect to such types of products produced

17 in that foreign country.

18 (2) An agreement referred to in paragraph (1) is any

19 reciprocal defense procurement memorandum of under20 standing, between the United States and a foreign country

21 pursuant to which the Secretary of Defense has prospec22 tively waived the Buy American Act for certain products

23 in that country.

24 (b) The Secretary of Defense shall submit to Con25 gress a report on the amount of Department of Defense
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1 purchases from foreign entities in fiscal year 1994. Such

2 report shall separately indicate the dollar value of items

3 for which the Buy American Act was waived pursuant to

4 any agreement described in subsection (a)(2), the Trade

5 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

6 international agreement to which the United States is a

7 party.

8 (c) For purposes of this section, the term ‘‘Buy

9 American Act’’ means title III of the Act entitled ‘‘An

10 Act making appropriations for the Treasury and Post

11 Office Departments for the fiscal year ending June 30,

12 1934, and for other purposes’’, approved March 3,

13 1933 (41 U.S.C. 10a et seq.).

14 SEC. 8070. (a) Of the funds made available in this

15 Act in title II, Operation and Maintenance, Army,

16 $5,000,000 shall be available only to execute the cleanup

17 of uncontrolled hazardous waste contamination affecting

18 the Sale Parcel at Hamilton Air Force Base, in Novato,

19 in the State of California.

20 (b) Notwithstanding any other provision of law, in the

21 event that the purchaser of the Sale Parcel exercises its

22 option to withdraw from all or a portion of the sale, as

23 provided in the Agreement and Modification, dated Sep24 tember 25, 1990, between the Department of Defense, the

25 General Services Administration, and the purchaser, as
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1 amended, the purchaser’s deposit of $4,500,000 shall be

2 returned by the General Services Administration and

3 funds eligible for reimbursement under the Agreement and

4 Modification, as amended, shall come from the funds made

5 available to the Department of Defense by this Act.

6 (c) Notwithstanding any other provision of law, in the

7 event that the purchaser purchases only a portion of the

8 Sale Parcel and exercises its option to withdraw from the

9 sale as to the rest of the Sale Parcel, the portion of the

10 Sale Parcel that is not purchased (other than Landfill 26

11 and an appropriate buffer area around it), together with

12 any of the land referred to in section 9099(e) of Public

13 Law 102–396 that is not purchased by the purchaser,

14 shall be sold to the City of Novato, in the State of Califor15 nia, for the sum of One Dollar as a public benefit transfer

16 for school, classroom or other educational use, for use as

17 a public park or recreation area or for further conveyance

18 as provided herein, subject to the following restrictions:

19 (1) if the City sells any portion of such land to any third

20 party within ten years after the transfer to the City, which

21 sale may be made without the foregoing use restrictions,

22 any proceeds received by the City in connection with such

23 sale, minus the demonstrated reasonable costs of conduct24 ing the sale and of any improvements made by the City

25 to the land following its acquisition of the land (but only
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1 to the extent such improvements increase the value of the

2 portion sold), shall be immediately turned over to the

3 Army in reimbursement of the withdrawal payment made

4 by the Army to the contract purchaser and the costs of

5 cleaning up the Landfill and (2) until one year following

6 completion of the cleanup of contaminated soil in the land7 fill and completion of the groundwater treatment facilities,

8 the sale must be at a per-acre price for the portion sold

9 that is at least equal to the per-acre contract price paid

10 by the purchaser for the portion of the Sale Parcel pur11 chased under the Agreement and Modification, as amend12 ed, and thereafter must be at a price at least equal to

13 the fair market value of the portion sold. The foregoing

14 restrictions shall not apply to a transfer to another public

15 or quasi-public agency for public uses of the kind de16 scribed above. The deed to the City shall contain a clause

17 providing that, if any of the proceeds referred to in clause

18 (1) are not delivered to the Army within 30 days after

19 sale, or any portion of the land not sold as provided herein

20 is used for other than educational, park or recreational

21 uses, title to the applicable portion of such land shall re22 vert to the United States Government at the election of

23 the General Services Administration. The Army shall

24 agree to deliver into the applicable closing escrow an ac25 knowledgement of receipt of any proceeds described in
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1 clause (1) above and a release of the reverter right as to

2 the affected land, effective upon such receipt.

3 (d) Notwithstanding any other provision of law, the

4 Air Force shall be reimbursed for expenditures in excess

5 of $15,000,000 in connection with the total clean-up of

6 uncontrolled hazardous waste contamination on the afore7 mentioned Sale Parcel from the proceeds collected upon

8 the closing of any portion of the Sale Parcel purchased

9 by the contract purchaser under the Agreement and Modi10 fication, as amended.

11 SEC. 8070. Notwithstanding any other provision of

12 law, any statutorily-required analysis of the impact on the

13 defense technology and industrial base of terminations and

14 significant reductions of major research and development

15 programs and procurement programs of the Department of

16 Defense shall address only those actions recommended by

17 the Defense Department in its annual budget request and

18 amendments thereto, supplemental requests, or proposed re19 scissions.

20 SEC. 8071. Notwithstanding any other provision of

21 law, the Secretary of Defense may, when he considers it

22 in the best interest of the United States, cancel any part

23 of an indebtedness, up to $2,500, that is or was owed to

24 the United States by a member or former member of a

25 uniformed service if such indebtedness, as determined by
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1 the Secretary, was incurred in connection with Operation

2 Desert Shield/Storm: Provided, That the amount of an in3 debtedness previously paid by a member or former mem4 ber and cancelled under this section shall be refunded to

5 the member.

6 SEC. 8072. Appropriations contained in this Act that

7 remain available at the end of the current fiscal year as

8 a result of energy cost savings realized by the Department

9 of Defense shall remain available for obligation for the

10 next fiscal year to the extent, and for the purposes, pro11 vided in section 2865 of title 10, United States Code.

12 SEC. 8073. During the current fiscal year, voluntary

13 separation incentives payable under 10 U.S.C. 1175 may

14 be paid in such amounts as are necessary from the assets

15 of the Voluntary Separation Incentive Fund established by

16 section 1175(h)(1).

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8074. Amounts deposited during fiscal years

19 1993 and 1994 to the special account established under

20 40 U.S.C. 485(h)(2) and to the special account established

21 under 10 U.S.C. 2667(d)(1) are appropriated and shall

22 be available until transferred by the Secretary of Defense

23 to current applicable appropriations or funds of the De24 partment of Defense under the terms and conditions speci25 fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

26 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. 8075. None of the funds in this or any other Act

15 shall be available for the preparation of studies on—

16 (a) the feasibility of removal and transportation

17 of unitary chemical weapons from the eight chemical

18 storage sites within the continental United States:

19 Provided, That this prohibition shall not apply to

20 non-stockpile material in the United States or to

21 studies needed for environmental analysis required by

22 the National Environmental Policy Act; and

23 (b) the potential future uses of the nine chemical

24 disposal facilities other than for the destruction of

25 stockpile chemical munitions and as limited by sec-
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1 tion 1412(c)(2), Public Law 99–145: Provided, That

2 this prohibition does not apply to future use studies

3 for the CAMDS facility at Tooele, Utah.

4 SEC. 8076. During the current fiscal year, none of

5 the funds available to the Department of Defense may be

6 used to procure or acquire (1) defensive handguns or de7 fensive handgun ammunition unless such handguns or

8 handgun ammunition are the M9 9mm Department of De9 fense standard handgun or ammunition for such hand10 guns, or (2) offensive handguns and ammunition except

11 for the Special Operations Forces.

12 SEC. 8077. During the current fiscal year, appropria13 tions available to the Department of Defense may be used

14 to reimburse a member of a reserve component of the

15 Armed Forces who is not otherwise entitled to travel and

16 transportation allowances and who occupies transient gov17 ernment housing while performing active duty for training

18 or inactive duty training: Provided, That such members

19 may be provided lodging in kind if transient government

20 quarters are unavailable as if the member was entitled to

21 such allowances under subsection (a) of section 404 of title

22 37, United States Code: Provided further, That if lodging

23 in kind is provided, any authorized service charge or cost

24 of such lodging may be paid directly from funds appro-
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1 priated for operation and maintenance of the reserve com2 ponent of the member concerned.

3 SEC. 8078. For fiscal year 1994, the total amount

4 appropriated to fund the Uniformed Services Treatment

5 Facilities program, operated pursuant to section 911 of

6 Public Law 97–99 (42 U.S.C. 248c), is limited to

7 $291,000,000, of which not more than $265,000,000 may

8 be provided by the funds appropriated by this Act.

9 SEC. 8079. None of the funds available in this Act

10 may be used to support in any manner, including travel

11 or other related expenses, the ‘‘Tailhook Association’’:

12 Provided, That investigations by the Secretary of the Navy

13 or consultation with the Tailhook Association are not pro14 hibited by this provision.

15 SEC. 8080. During the current fiscal year and there16 after, from funds available to the Department of Defense,

17 the Director of the Air National Guard shall operate a

18 Command, Control, Communications and Intelligence

19 planning office manned by three full-time Air Guard offi20 cers in the rank of O–6, O–5, and O–4: Provided, That

21 these officers shall be in addition to the strengths author22 ized in section 524 of title 10, United States Code.

23 SEC. 8081. None of the funds appropriated in this

24 Act or made available to the Department of Defense and

25 deposited into the Pentagon Reservation Maintenance Re-
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1 volving Fund may be used for the purpose of constructing

2 a Pentagon Maintenance Facility, Facility or a Logistics

3 Support Extension,–or any other building not an integral

4 part of the present Pentagon building.

5 SEC. 8082. The President shall include with each

6 budget for a fiscal year submitted to the Congress under

7 section 1105 of title 31, United States Code, materials

8 that shall identify clearly and separately the amounts re9 quested in the budget for appropriation for that fiscal year

10 for salaries and expenses related to administrative activi11 ties of the Department of Defense, the military

12 departments, and the Defense Agencies.

13 SEC. 8083. None of the funds available to the De14 partment of Defense may be obligated or expended for

15 construction of Ground Wave Emergency Network

16 (GWEN) sites in Fiscal Year 1994.

17 SEC. 8083. Notwithstanding any other provision of

18 law, the Naval shipyards of the United States shall be eligi19 ble to participate in any manufacturing extension program

20 financed by funds appropriated in this or any other Act.

21 SEC. 8084. The $15,000,000 made available in sec22 tion 9088 of the Department of Defense Appropriations

23 Act, 1993 (Public Law 102–396) for payment of claims

24 to United States military and civilian personnel for dam25 ages incurred as a result of the volcanic eruption of Mount
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1 Pinatubo in the Philippines, shall remain available for ob2 ligation until September 30, 1994, notwithstanding sec3 tion 9003 of that Act: Provided further, That $5,000,000

4 of the funds made available by this section shall be available

5 until September 30, 1995 for expenses associated with the

6 construction and modification of facilities to support the

7 relocation of military training programs from installations

8 in the Philippines to sites in the United States.

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. 8088. None of the funds available to the Depart11 ment of Defense for establishing a Naval East Coast Elec12 tronics Engineering Center may be obligated or expended

13 for the establishment of such Headquarters at any location

14 other than Charleston, South Carolina: Provided, That no

15 such funds may be obligated or expended for the establish16 ment or operation of subordinate detachments at St.

17 Inigoes, Maryland, and Portsmouth, Virginia, with man18 ning levels or broader functions than that specifically stated

19 in the 1993 Report to the President of the Defense Base

20 Closure and Realignment Commission.

21 SEC. 8089. (a) IN GENERAL.—Subject to subsection

22 (b), the Secretary of the Army may release, discharge,

23 waive, and quitclaim all right, title, and interest which the

24 United States may have by virtue of the quitclaim deed

25 dated June 18, 1956, in and to approximately 6.89 acres
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1 of real property, with improvements thereon, in Harris

2 County, Texas.

3 (b) CONDITION.—The Secretary may carry out sub4 section (a) only after obtaining satisfactory assurances

5 that the State of Texas shall obtain, in exchange for the

6 real property referred to in subsection (a), a tract of real

7 property—

8 (1) which is at least equal in value to the real

9 property referred to in subsection (a), and

10 (2) which shall be, on the date on which the

11 State obtains it, subject to the same restrictions and

12 covenants with respect to the Federal Government

13 as are applicable on the date of the enactment of

14 this Act to the real property referred to in sub15 section (a).

16 (c) LEGAL DESCRIPTION OF REAL PROPERTY.—The

17 exact acreage and legal description of the real property

18 referred to in subsection (a) shall be based upon surveys

19 that are satisfactory to the Secretary.

20 SEC. 8089. (a) Notwithstanding any other provision

21 of law, funds appropriated under this Act for the Depart22 ment of Defense shall be made available for the Overseas

23 Workload Program: Provided, That a firm of any member

24 nation of the North Atlantic Treaty Organization (NATO)

25 or of any major non-NATO ally or countries in the Euro-
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1 pean Theater, shall be eligible to bid on any contract for

2 the maintenance, repair, or overhaul of equipment of the

3 Department of Defense to be awarded under competitive

4 procedures as part of the program of the Department of De5 fense known as the Overseas Workload Program.

6 (b) A contract awarded during fiscal year 1994, or

7 thereafter, to a firm described in subsection (a) may be per8 formed in the theater in which the equipment is normally

9 located or in the country in which the firm is located.

10 (c) For purposes only of this section, Israel shall be

11 considered in the European Theater in every respect, with

12 its firms fully eligible for nonrestrictive, nondiscriminatory

13 contract competition under the Overseas Workload Pro14 gram.

15 (d) No funds appropriated for the Overseas Workload

16 Program for fiscal year 1994 or thereafter shall be used for

17 contracts awarded in fiscal year 1994 or thereafter which

18 have not been opened for competition in a manner consist19 ent with this provision.

20 SEC. 8090. None of the funds appropriated by this

21 Act shall be used to procure aircraft fuel cells unless the

22 fuel cells are produced or manufactured in the United

23 States by a domestic-owned and domestic-operated entity:

24 Provided, That the Secretary of the military department

25 responsible for the procurement may waive this restriction
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1 on a case-by-case basis by certifying in writing to the

2 Committees on Appropriations of the House of Represent3 atives and the Senate that adequate domestic supplies are

4 not available to meet Department of Defense requirements

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

6 made in order to acquire capability for national security

7 purposes.

8 SEC. 8090. None of the funds available to the Depart9 ment of the Air Force shall be available to establish or sup10 port any organic depot maintenance support activity for

11 the B–2 bomber.

12 SEC. 8091. (a) Notwithstanding any other provision

13 of law, not less than $750,000 of the funds appropriated

14 under the heading ‘‘Operation and Maintenance, Army’’

15 in title II of this Act shall be made available until ex16 pended to conduct a demonstration program involving the

17 Army Senior Reserve Officers’ Training Corps battalion

18 at Indiana University-Northwest and Army Junior Re19 serve Officers’ Training Corps units near the University.

20 The purpose of the program shall be to encourage minor21 ity students in secondary educational institutions to con22 tinue their education.

23 (b) Under the program, Senior Reserve Officers’

24 Corps cadets may serve as mentors and tutors for students

25 in Junior Reserve Officers’ Corps units. Cadets and stu-
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1 dents may participate in combined activities, including

2 summer camps, field training, and other traditional mili3 tary activities.

4 (c) Senior Reserve Officers’ Corps cadets who serve

5 as mentors and tutors may be paid a stipend.

6 (d) After a cadet has satisfactorily served in the pro7 gram, under criteria established by the Secretary of the

8 Army and for a period of time determined by the Sec9 retary, the cadet may be provided financial assistance tui10 tion, books, laboratory fees, and similar educational ex11 penses if the cadet continues to serve satisfactorily in the

12 program.

13 SEC. 8091. (a) Any college, university, or other institu14 tion which has been determined by the Defense Contract

15 Audit Agency to have overbilled the Federal Government for

16 indirect costs which are unreasonable, unallowable, or

17 unallocable under Office of Management and Budget Circu18 lars A–21 and A–133 may not receive from the Department

19 of Defense, during fiscal year 1994, any grant or contract,

20 or combination of grants or contracts, which totals the

21 amount overbilled to the Department of Defense.

22 (b) The restriction in subsection (a) shall not apply

23 if, within six months after an official determination of

24 overbilling—
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1 (1) the institution in question either repays in

2 full to the United States Treasury the amount

3 overbilled to the Federal Government, plus interest, or

4 (2) the Under Secretary of Defense for Acquisi5 tion certifies in writing to Congress that the institu6 tion is no longer liable for such restitution, or that

7 the dispute has become the subject of formal judicial

8 review.

9 (c) The restriction in subsection (a) shall only apply to

10 any college, university, or other institution which has been

11 determined by the Defense Contract Audit Agency to have

12 overbilled the Federal Government by an amount which

13 equals or exceeds $15,000,000.

14 SEC. 8092. During the current fiscal year, appropria15 tions which are available to the Department of Defense

16 for operation and maintenance may be used to purchase

17 items having an investment item unit cost of not more

18 than $50,000 $25,000.

19 SEC. 8093. None of the funds appropriated by this

20 Act shall be available for direct or indirect support of the

21 joint Department of Defense/Department of Energy Safe22 guard C contingent nuclear testing program.

23 SEC. 8094. In connection with procurements of petro24 leum products made by the Department of Defense with

25 appropriated funds, the Secretary shall consider all quali-
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1 fied bids from any eligible country under the Caribbean

2 Basin Economic Recovery Act which is hereby deemed a

3 designated country pursuant to 19 U.S.C. 2511(b).

4 SEC. 8094. Of the funds appropriated to the Depart5 ment of Defense for Operation and Maintenance, Defense6 Wide, not less than $8,000,000 shall be made available until

7 expended to the Administration for Native Americans with8 in 90 days of enactment of this Act only for the mitigation

9 of environmental impacts, including the gathering of infor10 mation, documenting of environmental damage, and devel11 oping a system for prioritization of mitigation, on Indian

12 lands resulting from Department of Defense activities.

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. 8096. None of the funds available to the Depart2 ment of Defense shall be used for the training or utilization

3 of psychologists in the prescription of drugs, except pursu4 ant to the findings and recommendations of the Army Sur5 geon General’s Blue Ribbon Panel as specified in its Feb6 ruary and August 1990 meeting minutes.

7 SEC. 8097. (a) During the current fiscal year, none

8 of the appropriations or funds available to the Defense

9 Business Operations Fund shall be used for the purchase

10 of an investment item for the purpose of acquiring a new

11 inventory item for sale or anticipated sale during the cur12 rent fiscal year or a subsequent fiscal year to customers

13 of the Defense Business Operations Fund if such an item

14 would not have been chargeable to the Defense Business

15 Operations Fund during fiscal year 1993 and if the pur16 chase of such an investment item would be chargeable dur17 ing the current fiscal year to appropriations made to the

18 Department of Defense for procurement.

19 (b) The fiscal year 1995 budget request for the De20 partment of Defense as well as all justification material

21 and other documentation supporting the fiscal year 1995

22 Department of Defense budget shall be prepared and sub23 mitted to the Congress on the basis that any equipment

24 which was classified as an end item and funded in a pro25 curement appropriation contained in this Act shall be
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1 budgeted for in a proposed fiscal year 1995 procurement

2 appropriation and not in the supply management business

3 area or any other area or category of the Defense Business

4 Operations Fund.

5 SEC. 8097. During the current fiscal year, obligations

6 against the stock funds of the Department of Defense may

7 not be incurred in excess of 70 percent of sales from such

8 stock funds during the current fiscal year: Provided, That

9 in determining the amount of obligations against, and sales

10 from the stock funds, obligations and sales for fuel, subsist11 ence, commissary items, retail operations, the cost of oper12 ations, and repair of spare parts shall be excluded: Provided

13 further, That upon a determination by the Secretary of De14 fense that such action is critical to the national security

15 of the United States, the Secretary may waive the provi16 sions of this section: Provided further, That if the provisions

17 of this section are waived, the Secretary shall immediately

18 notify the Congress of the waiver and the reasons for such

19 a waiver.

20 SEC. 8098. (a) The prohibition in section 133(a)(2)

21 of the National Defense Authorization Act for fiscal years

22 1990 and 1991 (Public Law 101–189; 103 Stat. 1383)

23 does not apply to the obligation of funds in amounts not

24 to exceed $216,000,000 for the procurement of not more
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1 than 36 OH–58D Scout aircraft from funds appropriated

2 in title III of this Act.

3 (b) The prohibition in section 132(a)(2) of the Na4 tional Defense Authorization Act for 1990 and 1991 (Pub5 lic Law 101–189; 103 Stat. 1383) does not apply to the

6 obligation of funds in amounts not to exceed

7 $368,430,000 for the procurement of not more than 24

8 AH–64 aircraft from funds appropriated in title III of this

9 Act.

10 SEC. 8098. None of the funds provided in this Act shall

11 be available for use by a Military Department to modify

12 an aircraft, weapon, ship or other item of equipment, that

13 the Military Department concerned plans to retire or other14 wise dispose of within five years after completion of the

15 modification: Provided, That this prohibition shall not

16 apply to safety modifications: Provided further, That this

17 prohibition may be waived by the Secretary of a Military

18 Department if the Secretary determines it is in the best na19 tional security interest of the country to provide such waiv20 er and so notifies the congressional defense committees in

21 writing.

22 SEC. 8099. (a) FINDINGS.—The Congress finds

23 that—

24 (1) the United States Government has not

25 made adequate efforts to seek the payment of com-
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1 pensation by the government of Peru for the death

2 and injuries to United States military personnel re3 sulting from the attack by aircraft of the military

4 forces of Peru on April 24, 1992, against a United

5 States Air Force C–130 aircraft operating off the

6 coast of Peru; and

7 (2) in failing to make such efforts adequately,

8 the United States Government has failed in its obli9 gation to support the servicemen and their families

10 involved in the incident and generally to support

11 members of the Armed Forces carrying out missions

12 on behalf of the United States.

13 (b) SEMIANNUAL REPORT.—The Secretary of De14 fense shall submit a report to Congress on December 1

15 and June 1 of each year on the efforts made by the Gov16 ernment of the United States during the preceding six17 month period to seek the payment of fair and equitable

18 compensation by the Government of Peru (1) to the survi19 vors of Master Sergeant Joseph Beard, Jr., United States

20 Air Force, who was killed in the attack described in sub21 section (a), and (2) to the other crew members who were

22 wounded in the attack and survived.

23 (c) TERMINATION OF REPORT REQUIREMENT.—The

24 requirement in subsection (b) shall terminate upon certifi25 cation by the Secretary of Defense to Congress that the
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1 Government of Peru has paid fair and equitable com2 pensation as described in subsection (b).

3 SEC. 8099. None of the funds appropriated by this Act

4 shall be used for the support of any nonappropriated funds

5 activity of the Department of Defense that procures malt

6 beverages, wine and cigarettes with nonappropriated funds

7 for resale (including such alcoholic beverages sold by the

8 drink) on a military installation located in the United

9 States unless such malt beverages, wine and cigarettes are

10 procured within that State, or in the case of the District

11 of Columbia, within the District of Columbia, in which the

12 military installation is located: Provided, That in a case

13 in which the military installation is located in more than

14 one State, purchases may be made in any State in which

15 the installation is located: Provided further, That such local

16 procurement requirements for malt beverages, wine and

17 cigarettes shall apply to all alcoholic beverages and ciga18 rettes only for military installations in States which are

19 not contiguous with another State: Provided further, That

20 alcoholic beverages other than wine and malt beverages, and

21 cigarettes, in contiguous States and the District of Colum22 bia shall be procured from the most competitive source,

23 price and other factors considered.

24 SEC. 8100. Notwithstanding any other provision of

25 law or regulation, the Department of Defense is directed
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1 to use available off the shelf, nondevelopmental items in

2 filling small craft and small boat requirements when at

3 all possible.

4 SEC. 8101. No part of the funds in this Act shall

5 be available to prepare or present a request to the Com6 mittees on Appropriations for reprogramming of funds,

7 unless for higher priority items, based on unforeseen mili8 tary requirements, than those for which originally appro9 priated and in no case where the item for which

10 reprogramming is requested has been denied by the Con11 gress.

12 SEC. 8102. None of the funds appropriated by this

13 Act shall be available for payment of the compensation

14 of personnel assigned to or serving in the National For15 eign Intelligence Program in excess of 96 percent of such

16 personnel actually assigned to or serving in the National

17 Foreign Intelligence Program on September 30, 1992:

18 Provided, That in making any reduction in the number

19 of such personnel that may be required pursuant to this

20 section, the percentage of reductions to Senior Intelligence

21 Service positions shall be equal to or exceed the percentage

22 of reductions to non-Senior Intelligence Service positions:

23 Provided further, That in making any reduction in the

24 number of such personnel that may be required pursuant

25 to this section, the percentage of reductions to positions
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1 in the National Capital Region shall be equal to or exceed

2 the percentage of reductions to positions outside of the

3 National Capital Region.

4 SEC. 8102. (a) Of the amounts available to the Depart5 ment of Defense for fiscal year 1994, not less than

6 $10,000,000 shall be available for National Defense Science

7 and Engineering Graduate Fellowships to be awarded on

8 a competitive basis by the Secretary of Defense to United

9 States citizens or nationals pursuing advanced degrees in

10 fields of primary concern and interest to the Department.

11 (b) Fellowships awarded pursuant to subsection (a)

12 above shall not be restricted on the basis of the geographical

13 locations in the United States of the institutions at which

14 the recipients are pursuing the aforementioned advanced

15 degrees.

16 (c) Not less than 50 per centum of the funds necessary

17 to carry out this section shall be derived from the amounts

18 available for the University Research Initiatives Program

19 in ‘‘Research, Development, Test and Evaluation, Defense20 Wide’’, and the balance necessary shall be derived from

21 amounts available for Defense Research Sciences under title

22 IV of this Act.

23 SEC. 8103. None of the funds provided by this Act

24 may be used to pay the salaries of any person or persons

25 who authorize the transfer of obligated and deobligated
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1 appropriations into the Reserve for Contingencies of the

2 Central Intelligence Agency.

3 SEC. 8104. During the current fiscal year and there4 after, funds appropriated for construction projects of the

5 Central Intelligence Agency, which are transferred to an6 other Agency for execution, shall remain available until ex7 pended.

8 SEC. 8105. During the current fiscal year and there9 after, monetary limitations on the purchase price of a pas10 senger motor vehicle shall not apply to vehicles purchased

11 for intelligence activities conducted pursuant to Executive

12 Order 12333 or successor orders.

13 SEC. 8106. None of the funds appropriated by this

14 Act for programs of the Central Intelligence Agency shall

15 remain available for obligation beyond the current fiscal

16 year, except for funds appropriated for the Reserve for

17 Contingencies, which shall remain available until Septem18 ber 30, 1995.

19 (TRANSFER OF FUNDS)

20 SEC. 8107. During the current fiscal year and there21 after, no funds may be made available through transfer,

22 reprogramming, or other means between the Central Intel23 ligence Agency and the Department of Defense for any

24 intelligence or special activity different from that pre25 viously justified to the Congress unless the Director of

26 Central Intelligence or the Secretary of Defense has noti-
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1 fied the House and Senate Appropriations Committees of

2 the intent to make such funds available for such activity.

3 SEC. 8108. The classified annex prepared by the

4 Committee on Appropriations to accompany the report on

5 the Department of Defense Appropriations Act, 1994 is

6 hereby incorporated into this Act: Provided, That the

7 amounts specified in the classified Annex are not in addi8 tion to amounts appropriated by other provisions of this

9 Act: Provided further, That the President shall provide for

10 appropriate distribution of the classified Annex, or of ap11 propriate portions of the classified Annex, within the exec12 utive branch of the Government.

13 SEC. 8109. Notwithstanding any other provision of

14 law, funds made available in this Act for the Defense In15 telligence Agency may be used for the design, develop16 ment, and deployment of General Defense Intelligence

17 Program intelligence communications and intelligence in18 formation systems at the Unified and Specified Com19 mands.

20 SEC. 8110. After March 1, 1994, none of the funds

21 appropriated by this Act shall be available for any Na22 tional Foreign Intelligence Program: Provided, That this

23 provision shall not apply for any National Foreign Intel24 ligence Program for which budget exhibits were submitted

25 to the House Committee on Appropriations which justifies
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1 in detail all funds requested for ‘‘base’’, ‘‘ongoing’’, and

2 ‘‘new’’ programs for fiscal year 1995.

3 SEC. 8111. None of the funds appropriated by this

4 Act shall be available for the planning, programming or

5 actual movement of any component or function of the De6 fense Mapping Agency Aerospace Center annex from the

7 St. Louis, Missouri, area.

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8112. In addition to amounts appropriated or

10 otherwise made available by this Act, $21,700,000 is here11 by appropriated to the Department of Defense and shall

12 be available only for transfer to the United States Coast

13 Guard for a 2.2 percent pay increase for uniformed mem14 bers.

15 SEC. 8113. None of the funds appropriated or made

16 available in this Act shall be obligated or expended for the

17 performance of depot-level maintenance by the Depart18 ment of Defense unless such activities are conducted in

19 accordance with section 2466(a) of title 10, United States

20 Code, as amended by Public Law 102–484.

21 SEC. 8114. Notwithstanding any other provision of

22 law, and in accordance with section 2905 of the Defense

23 Base Closure and Realignment Act of 1990, Public Law

24 101–510, the Department of Defense shall proceed with

25 implementation of the 1993 Defense Base Closure and Re26 alignment Commission recommendation concerning the
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1 consolidation of tactical missile maintenance at

2 Letterkenny Army Depot.

3 SEC. 8115. Notwithstanding any other provision of

4 law, the Secretary of the Navy shall obligate the funds

5 appropriated for fiscal years 1992 and 1993 for the USH–

6 42 Mission Recorder program for the A–6 aircraft.

7 SEC. 8116. In addition to amounts appropriated else8 where in this Act, $200,000 shall be available only for set9 tlement of claims and interest thereon, associated with

10 contract numbered N62474–86–C–0253 for construction

11 of a multipurpose range complex at the Marine Corps Air

12 Ground Combat Center in Twentynine Palms, California:

13 Provided, That such settlement shall be made pursuant

14 to the recommendation of August 19, 1993, of the Comp15 troller General of the United States (case B–230871.3).

16 SEC. 8117. Not withstanding any other provision of

17 law, none of the funds appropriated for fiscal year 1993

18 and fiscal year 1994 for the DDG–51 destroyer program

19 shall be obligated or expended for procurement of the ring

20 laser gyroscope inertial navigation system under a sole

21 source contract.

22 SEC. 8118. The Secretary of the Navy shall carry out

23 the establishment of the Mine Warfare Center of Excel24 lence at the naval station at Ingleside, Texas (including

25 the establishment of all subordinate units and the reloca-
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1 tion of Navy mine warfare forces), in accordance with the

2 schedule of the Navy for the establishment of such center

3 and without regard to any alteration in that schedule that

4 would otherwise be required pursuant to any other provi5 sion of law enacted during the first session of the 103d

6 Congress that applies specifically to the construction and

7 operation of that center or to the relocation of Navy mine

8 warfare forces to Ingleside, Texas.

9 SEC. 8119. (a) The amount expended during fiscal

10 year 1994 from funds appropriated by this Act or any

11 prior Department of Defense Appropriations Act shall not

12 exceed $255,795,000,000.

13 (b) The Secretary of Defense and the Director of

14 Central Intelligence shall take such steps as necessary to

15 ensure compliance with the requirement in subsection (a).

16 (c) The provisions of the Impoundment Control Act

17 of 1974 (2 U.S.C. 681 et seq.) shall not apply with respect

18 to funds appropriated by this Act or any prior Department

19 of Defense Appropriations Act to the extent necessary to

20 enable the Secretary of Defense to comply with sub21 section (a).

22 (d) Any payment required to be made by the Depart23 ment of Defense to a business concern that, but for this

24 subsection, would be required to be made during Septem25 ber, 1994 may be made during the period beginning on
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1 October 1, 1994, and ending on the date that is 30 days

2 after the date on which the payment would otherwise be

3 required to be made. In determining the amount of any

4 interest penalty under section 3902 of title 31, United

5 States Code, for failure to make any such payment, any

6 period for which the Secretary of Defense, under the pre7 ceding sentence, deferred the required payment date shall

8 not be taken into account.

9 (e)(1) The Secretary of Defense shall, on each of the

10 dates specified in paragraph (2), submit to the Commit11 tees on Appropriations and the Committees on Armed

12 Services of the Senate and House of Representatives a re13 port on the implementation of this section. Each such re14 port shall include—

15 (A) an analysis of cumulative obligations and

16 cumulative expenditures from accounts subject to

17 the limitation in subsection (a) during the period be18 ginning on October 1, 1993, and ending on the last

19 day of the month preceding the month in which the

20 report is to be submitted, including a comparison of

21 such obligations and expenditures with the relevant

22 estimates of outlays made by the Office of Manage23 ment and Budget and the Congressional Budget Of24 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 SEC. 8109. None of the funds appropriated by this Act

9 shall be used to begin closing a military treatment facility

10 unless the Secretary of Defense notifies the Committees on

11 Appropriations of the House of Representatives and the

12 Senate ninety days prior to such action.

13 SEC. 8110. None of the funds made available by this

14 Act shall be available for any Military Department of the

15 United States to conduct bombing training, gunnery train16 ing, or similar munitions delivery training on the parcel

17 of land known as Kaho’olawe Island, Hawaii.

18 SEC. 8111. The Secretary of Defense is authorized to

19 provide optional summer school programs in addition to

20 the programs otherwise authorized by the Defense Depend21 ents Education Act of 1978 (Public Law 95–561), and to

22 charge a fee for participation in such optional education

23 programs. Optional summer school program fees shall be

24 made available for use by the Secretary to defray the costs

25 of summer school operations.
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1 SEC. 8112. Unobligated balances of the funds appro2 priated in Public Law 102–172 and Public Law 102–396

3 under the headings ‘‘World University Games’’, ‘‘Summer

4 Olympics’’ and ‘‘World Cup USA 1994’’ in title II of those

5 Acts shall, notwithstanding any other section of those Acts,

6 remain available for obligation until September 30, 1995.

7 SEC. 8113. Notwithstanding any other provision of

8 law, reimbursements received from the North Atlantic Trea9 ty Organization for the E–3 Airborne Warning and Control

10 System (AWACS) Radar System Improvement Program

11 (RSIP) attributable to development work for fiscal years

12 1987 through 1992 shall be available to the Air Force until

13 September 30, 1994, for meeting that service’s financial

14 commitments for the AWACS RSIP.

15 SEC. 8114. (a) None of the funds appropriated or oth16 erwise made available in this Act may be used to transport

17 or provide for the transportation of chemical munitions to

18 the Johnston Atoll for the purpose of storing or demilitariz19 ing such munitions.

20 (b) The prohibition in subsection (a) shall not apply

21 to any obsolete World War II chemical munition of the

22 United States found in the World War II Pacific Theater

23 of Operations.
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1 (c) The President may suspend the application of sub2 section (a) during a period of war in which the United

3 States is a party.

4 SEC. 8115. None of the funds available to the Depart5 ment of Defense may be used to support the relocation of

6 P–3 aircraft squadrons or other aircraft or units from the

7 Naval Air Station at Barbers Point, Hawaii unless such

8 relocation was specifically stated in the 1993 Report to the

9 President of the Defense Base Closure and Realignment

10 Commission.

11 SEC. 8116. (a) No funds available to the Air Force

12 during fiscal year 1994 may be obligated or expended for

13 any research, development, test, or evaluation activities to

14 upgrade the current capabilities of the B–1B bomber unless

15 the Secretary of Defense certifies to the Congressional de16 fense committees that the entire B–1B upgrade program is

17 militarily-required, affordable, and fully funded in the Fu18 ture Years Defense Program for fiscal years 1995–2000.

19 (b) Of the funds appropriated for the Department of

20 Defense for fiscal year 1993 under the heading ‘‘Research,

21 Development, Test and Evaluation, Air Force’’ in Title IV

22 of Public Law 102–396, the following amount is hereby re23 scinded: $31,000,000.

24 SEC. 8117. The Secretary of Defense is authorized to

25 use, for foreign military sales otherwise authorized under
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1 Chapter 39, title 22 United States Code or for transfer to

2 United States Army, Army National Guard, or Army Re3 serves, articles and services procured for the implementation

4 of the Italian air defense agreements: Provided, That the

5 term ‘‘Italian air defense agreements’’ has the meaning

6 given such term in Section 1050 of Public Law 102–190,

7 (105 Stat. 1469): Provided further, That section 1050 of

8 Public Law 102–190 (105 Stat. 1469) is repealed.

9 SEC. 8118. None of the funds appropriated or other10 wise made available by this or any other Act may be made

11 available for the Department of Defense to develop, acquire,

12 by purchase or otherwise, any 52 caliber-variant of the

13 M109 155mm self-propelled howitzer.

14 SEC. 8119. Notwithstanding any other provision of

15 law, funds and credits received from the contractor under

16 contract warranties for the failure of the first ultra high

17 frequency follow-on satellite shall no longer be available for

18 a replacement ultra high frequency satellite but shall be

19 made available to finance a replacement extremely high fre20 quency satellite and its launch.

21 (TRANSFER OF FUNDS)

22 SEC. 8120. Upon enactment of this Act, the Sec23 retary of Defense shall make the following transfers of

24 funds: Provided, That the amounts transferred shall be

25 available for the same purposes as the appropriations to

26 which transferred, and for the same time period as the
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1 appropriation from which transferred: Provided further,

2 That the amounts shall be transferred between the follow3 ing appropriations in the amounts specified:

4 From:

5 Under the heading, ‘‘Shipbuilding and

6 Conversion, Navy, 1990/1994’’:

7 AOE combat support ship program,

8 $3,459,000;

9 Under the heading, ‘‘Research, Development,

10 Test and Evaluation, Navy, 1993/1994’’,

11 $3,459,000;

12 To:

13 Under the heading, ‘‘Shipbuilding and

14 Conversion, Navy, 1986/1990’’:

15 MHC coastal mine hunter program,

16 $3,459,000;

17 From:

18 Under the heading, ‘‘Shipbuilding and

19 Conversion, Navy, 1990/1994’’:

20 AOE combat support ship program,

21 $46,000;

22 Oceanographic ship program,

23 $538,000;
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1 For craft, outfitting, post delivery,

2 and ship special support equipment,

3 $994,000;

4 Under the heading, ‘‘Shipbuilding and

5 Conversion, Navy, 1991/1995’’:

6 For craft, outfitting, and post deliv7 ery, $3,806,000;

8 Under the heading, ‘‘Aircraft Procurement,

9 Navy, 1992/1994’’, $28,710,000;

10 Under the heading, ‘‘Shipbuilding and

11 Conversion, Navy, 1992/1996’’:

12 DDG–51 destroyer program,

13 $41,800,000;

14 For craft, outfitting, and post deliv15 ery, $1,560,000;

16 Under the heading, ‘‘Weapons Procure17 ment, Navy, 1992/1994’’, $36,000,000;

18 Under the heading, ‘‘Aircraft Procurement,

19 Navy, 1993/1995’’, $3,400,000;

20 Under the heading, ‘‘National Guard and

21 Reserve Equipment, 1993/1995’’, $21,208,000;

22 Under the heading, ‘‘Research, Development,

23 Test and Evaluation, Navy, 1993/1994’’,

24 $88,846,000;

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 $57,600,000;

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;
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1 Under the heading, ‘‘Weapons Procurement,

2 Navy, 1992/1994’’, $36,000,000;

3 Under the heading, ‘‘Other Procurement,

4 Navy, 1993/1995’’, $66,756,000;

5 To:

6 Under the heading, ‘‘Shipbuilding and

7 Conversion, Navy 1989/1993’’:

8 TRIDENT ballistic missile submarine

9 program, $11,655,000;

10 SSN–688 attack submarine program,

11 $26,972,000;

12 SSN–21 attack submarine program,

13 $40,800,000;

14 DDG–51 destroyer program,

15 $71,500,000;

16 MHC coastal mine hunter program,

17 $9,429,000;

18 From:

19 Under the heading, ‘‘Other Procurement,

20 Navy, 1993/1995’’, $68,361,000;

21 Under the heading, ‘‘Research, Develop22 ment, Test and Evaluation, Navy, 1993/1995’’,

23 $45,000,000;

24 Under the heading, ‘‘Shipbuilding and Con25 version, Navy, 1990/1994’’:
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1 AOE combat support ship program,

2 $3,505,000;

3 Oceanographic ship program,

4 $538,000;

5 Craft, outfitting, post delivery, and

6 ship special support equipment, $994,000;

7 Under the heading, ‘‘Weapons Procurement,

8 Navy, 1993/1995’’, $49,868,000;

9 To:

10 Under the heading, ‘‘Shipbuilding and

11 Conversion, Navy 1990/1994’’:

12 TRIDENT ballistic missile submarine

13 program, $7,241,000;

14 DDG–51 destroyer program,

15 $40,100,000;

16 MCM mine countermeasures program,

17 $7,564,000;

18 T–AGOS surveillance ship program

19 $58,456,000;

20 From:

21 Under the heading, ‘‘Shipbuilding and Con22 version, Navy, 1991/1995’’:

23 For craft, outfitting, and post delivery,

24 $45,865,000;
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1 Under the heading, ‘‘Shipbuilding and Con2 version, Navy, 1992/1996’’:

3 DDG–51 destroyer program,

4 $41,800,000;

5 For craft, outfitting, post delivery, and

6 DBOF transfer, $6,260,000;

7 Under the heading, ‘‘Shipbuilding and Con8 version, Navy, 1993/1997’’:

9 DDG–51 destroyer program,

10 $14,400,000;

11 MHC coastal mine hunter program,

12 $9,343,000;

13 For craft, outfitting, post delivery, and

14 first destination transportation, and infla15 tion adjustments, $45,177,000;

16 Under the heading, ‘‘Weapons Procure17 ment, Navy, 1993/1995’’, $24,015,000

18 $100,382,000;

19 Under the heading, ‘‘Other procurement,

20 Navy, 1993/1995’’, $102,439,000 $6,044,000;

21 To:

22 Under the heading, ‘‘Shipbuilding and

23 Conversion, Navy, 1991/1995’’:

24 SSN–21 attack submarine program,

25 $70,654,000 $237,971,000;
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1 DDG–51 destroyer program,

2 $31,300,000;

3 Under the heading, ‘‘Shipbuilding and

4 Conversion, Navy, 1993/1997’’:

5 LSD cargo variant ship program,

6 $24,500,000.

7 SEC. 8121. None of the funds in this Act are avail8 able for any board, committee, or panel which develops,

9 sets, defines, or recommends National Foreign Intelligence

10 Program requirements: Provided, That this provision shall

11 not apply to any such board, committee, or panel for which

12 a majority of the members are not career intelligence or

13 cryptologic professionals.

14 SEC. 8122. The Departments of Defense and Air

15 Force are directed to obligate, no later than thirty days

16 after enactment of this Act, the $55,500,000 appropriated

17 for research and development in Public Law 102–396 only

18 for the continuance of the Space Nuclear Thermal Propul19 sion Program.

20 SEC. 8121. Notwithstanding any other provision of

21 law, funds appropriated in this Act for the upgrade, pur22 chase, or modernization of supercomputing capability and

23 capacity under the High Performance Computing Mod24 ernization program shall only be available for contracts,

25 contract modifications, or contract options which are
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1 awarded without regard to the architecture or design of the

2 supercomputer system.

3 SEC. 8122. Amounts collected for the use of the facili4 ties of the National Science Center for Communications and

5 Electronics during the current fiscal year pursuant to sec6 tion 1459(g) of the Department of Defense Authorization

7 Act, 1986 and deposited to the special account established

8 under subsection 1459(g)(2) of that Act are appropriated

9 and shall be available until expended for the operation and

10 maintenance of the Center as provided for in subsection

11 1459(g)(2).

12 SEC. 8123. The Secretary of Defense and the Direc13 tor of Central Intelligence shall deliver, in conjunction

14 with the fiscal year 1995 budget request, a report provid15 ing the following information about all research and devel16 opment projects involving the implementation, monitoring,

17 or verification of current and projected international arms

18 control agreements: (a) annual and total budgets, goals,

19 schedules, and priorities; (b) relationships among related

20 projects being funded by the Department of Defense, the

21 National Foreign Intelligence Program, and other depart22 ments and agencies of the Federal Government; and (c)

23 comments by the Arms Control and Disarmament Agency

24 about the relevance of each project to the arms control

25 priorities of the United States.
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1 SEC. 8124. Notwithstanding any other provision of

2 law, none of the funds appropriated in this or any other

3 Act shall be used for the purchase of a totally enclosed

4 lifeboat survival system, which consists of the lifeboat and

5 associated davits and winches, if less than 75 percent of

6 the entire system’s components are manufactured in the

7 United States, and if less than 75 percent of the labor

8 in the manufacture and assembly of the entire system is

9 performed in the United States.

10 SEC. 8125. None of the funds appropriated by this

11 Act may be used (1) to transfer to the United Nations

12 a facility in the continental United States for use as a

13 United Nations peacekleeping facility, or (2) for the ren14 ovation of such a facility in preparation for such a trans15 fer.

16 SEC. 8124. During the current fiscal year, funds re17 ceived from the sale of tanks and infantry fighting vehicles

18 under section 21 of the Arms Export Control Act (22 U.S.C.

19 2761) shall be available for the upgrading of tanks, infantry

20 fighting vehicles or armored personnel carriers in the man21 ner and to the extent specified by subsections 21(j)(1) and

22 (2) of that Act (22 U.S.C. 2761(j)(1) and (2)).

23 SEC. 8125. Amounts appropriated in this Act which

24 are available for the Small Business Innovation Research

25 Program and the Small Business Technology Transfer Pilot
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1 Program portions of the extramural research and develop2 ment budget of the Department of Defense shall be the

3 amounts specifically identified for those programs in the

4 supporting documentation accompanying the Budget sub5 mitted for the Department of Defense, notwithstanding sec6 tions 9(f)(1) and (n)(1) of the Small Business Act (15

7 U.S.C. 638(f)(1) and (n)(1)).

8 COMPLIANCE WITH BUY AMERICAN ACT

9 SEC. 8126. No funds appropriated pursuant to this

10 Act may be expended by an entity unless the entity agrees

11 that in expending the assistance the entity will comply

12 with sections 2 through 4 of the Act of March 3, 1933

13 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer14 ican Act’’).

15 SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE

16 SEC. 8127. (a) PURCHASE OF AMERICAN-MADE

17 EQUIPMENT AND PRODUCTS.—In the case of any equip18 ment or products that may be authorized to be purchased

19 with financial assistance provided under this Act, it is the

20 sense of the Congress that entities receiving such assist21 ance should, in expending the assistance, purchase only

22 American-made equipment and products.

23 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

24 providing financial assistance under this Act, the Sec25 retary of Defense shall provide to each recipient of the
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1 assistance a notice describing the statement made in sub2 section (a) by the Congress.

3 PROHIBITION OF CONTRACTS

4 SEC. 8128. If it has been finally determined by a

5 court or Federal agency that any person intentionally af6 fixed a fraudulent label bearing a ‘‘Made in America’’ in7 scription, or any inscription with the same meaning, to

8 any product sold in or shipped to the United States that

9 was not made in the United States, such person shall be

10 ineligible to receive any contract or subcontract made with

11 funds provided pursuant to this Act, pursuant to the de12 barment, suspension, and ineligibility procedures de13 scribed in section 9.400 through 9.409 of title 48, Code

14 of Federal Regulations.

15 RECIPROCITY

16 SEC. 8129. (a) GENERAL RULE.—Except as provided

17 in subsection (b), no contract or subcontract may be made

18 with funds authorized under this Act to a company orga19 nized under the laws of a foreign country unless the Sec20 retary finds that such country affords comparable oppor21 tunities to companies organized under laws of the United

22 States.

23 (b) EXCEPTION.—(1) The Secretary may waive the

24 rule stated under subsection (a) if the products or services

25 required are not reasonably available from companies or-
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1 ganized under the laws of the United States. Any such

2 waiver shall be reported to the Congress.

3 (2) Subsection (a) shall not apply to the extent that

4 to do so would violate the General Agreement of Tariffs

5 and Trade or with any other international agreement to

6 which the United States is a party.

7 SEC. 8126. None of the funds appropriated by this or

8 any other Act with respect to any fiscal year for the Navy

9 may be used to carry out an electromagnetic pulse program

10 in the Chesapeake Bay area in connection with the Electro11 magnetic Pulse Radiation Environment Simulator for

12 Ships (EMPRESS II) program unless or until the Sec13 retary of Defense certifies to the Congress that conduct of

14 the EMPRESS II program is essential to the national secu15 rity of the United States and to achieving requisite military

16 capability for United States naval vessels, and that the eco17 nomic, environmental, and social costs to the United States

18 of conducting the EMPRESS II program in the Chesapeake

19 Bay area are far less than the economic, environmental,

20 and social costs caused by conducting the EMPRESS II

21 program elsewhere.

22 SEC. 8127. Military personnel who separate from a

23 military department under the Voluntary Separation Ini24 tiative (VSI) or the Special Separation Bonus (SSB), and

25 who are eligible for service continuation bonuses such as
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1 the reenlistment bonus or aviation continuation pay during

2 the same year in which they separate, will receive separa3 tion payments reduced by an amount equal to the amount

4 of the continuation bonus received by the member in the

5 year in which the member separates: Provided, That any

6 future continuation bonus payments to which the member

7 would otherwise be entitled are rescinded: Provided further,

8 That civilian employees of the Department of Defense are

9 prohibited from receiving voluntary separation payments

10 if such employees are rehired by another agency of the Fed11 eral Government within one hundred and eighty days of

12 separating from the Department of Defense.

13 SEC. 8128. Under the heading ‘‘Research, Develop14 ment, Test and Evaluation, Army’’ in the Department of

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

16 delete the final proviso and insert in lieu thereof:

17 ‘‘: Provided further, That of the funds appro18 priated in this paragraph, $4,000,000 shall be used

19 only for a grant to the Assistive Technology Center at

20 the National Rehabilitation Hospital for laboratory

21 and other efforts associated with research and develop22 ment and other programs of major importance to the

23 Department of Defense’’.

24 SEC. 8129. None of the funds appropriated in this Act

25 may be used to pay for the costs of personnel, operations,
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1 procurement of supplies or other items in support of the

2 Marshall Center.

3 SEC. 8130. None of the funds appropriated or other4 wise made available by this Act may be used for a defense

5 technology reinvestment project that is not selected pursu6 ant to the applicable competitive selection and other proce7 dures set forth in chapter 148 of title 10, United States

8 Code.

9 SEC. 8131. The appropriations made under the head10 ings ‘‘Operation and Maintenance, Navy’’ and ‘‘Operation

11 and Maintenance, Air Force’’ under chapter III of title XI

12 of the Dire Emergency Supplemental Appropriations Act,

13 1992, including disaster assistance to meet the present

14 emergencies arising from the consequences of Hurricane An15 drew, Typhoon Omar, Hurricane Iniki and other natural

16 disasters, and additional assistance to distressed commu17 nities (Public Law 102–368) are each amended by inserting

18 ‘‘, the August 8, 1993 earthquake in Guam’’ immediately

19 after ‘‘Typhoon Omar’’ and by striking out ‘‘September 30,

20 1993’’ and inserting ‘‘September 30, 1994’’ in lieu thereof.

21 SEC. 8132. The appropriation, ‘‘Emergency Response

22 Fund, Defense’’ made under the heading ‘‘Emergency Re23 sponse Fund’’ by the Department of Defense Appropriations

24 Act, 1990 (Public Law 101–165) is amended by inserting

25 the following immediately after the third sentence: ‘‘In ad-
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1 dition to the foregoing, upon a determination by the Sec2 retary of Defense that such action is necessary, the Fund

3 may be used, in addition to other funds available to the

4 Department of Defense for such purposes, for expenses of

5 the Department of Defense which are incurred in supplying

6 supplies or services furnished in response to natural or

7 manmade disasters.’’.

8 SEC. 8133. Of the funds appropriated or otherwise

9 made available by this Act not more than $155,000,000

10 shall be available for payment of the operating costs of

11 NATO Headquarters.

12 SEC. 8134. None of the funds appropriated by this Act

13 shall be available for a contract for studies, analyses, or

14 consulting services entered into without competition on the

15 basis of an unsolicited proposal unless the head of the activ16 ity responsible for the procurement determines:

17 (1) as a result of thorough technical evaluation,

18 only one source is found fully qualified to perform the

19 proposed work, or

20 (2) the purpose of the contract is to explore an

21 unsolicited proposal which offers significant scientific

22 or technological promise, represents the product of

23 original thinking, and was submitted in confidence

24 by one source, or
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1 (3) the purpose of the contract is to take advan2 tage of unique and significant industrial accomplish3 ment by a specific concern, or to insure that a new

4 product or idea of a specific concern is given finan5 cial support:

6 Provided, That this limitation shall not apply to contracts

7 in an amount of less than $25,000, contracts related to im8 provements of equipment that is in development or produc9 tion, or contracts as to which a civilian official of the De10 partment of Defense, who has been confirmed by the Senate,

11 determines that the award of such contract is in the interest

12 of the national defense.

13 SEC. 8135. Not later than January 1, 1994, the Sec14 retary of the Navy shall transfer, without reimbursement,

15 to the Secretary of State a tract of land consisting of ap16 proximately 10 acres, together with improvements thereon,

17 which comprise that portion of the Naval Base, Charleston,

18 South Carolina, bounded by Bainbridge Avenue, Holland

19 Street, and Dyess Avenue and known as buildings 646,

20 646A, 647, 643, 645, and 649, excluding building 644, and

21 all walkways and parking areas associated with such build22 ings: Provided, That the real property transferred pursuant

23 to this section shall be used by the Secretary of State in

24 support of diplomatic and consular operations: Provided

25 further, That the exact acreage and legal description of the
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1 property to be transferred under this section shall be deter2 mined by a survey approved by the Secretary of the Navy.

3 SEC. 8136. Notwithstanding any other provision of

4 law, the Secretary of Defense shall pay a death gratuity

5 to each Servicemen’s Group Life Insurance (SGLI) bene6 ficiary of each deceased member of the uniformed services

7 who died after October 28, 1992 and before December 1,

8 1992, and whose death was a death in the performance of

9 duty: Provided, That the amount of the death gratuity pay10 able to each beneficiary under this section shall be equal

11 to the SGLI paid or payable to such beneficiary under Sub12 chapter III of chapter 19 of title 38, United States Code,

13 by reason of the death of such member: Provided further,

14 That no death gratuity shall be paid under this section

15 where the deceased member of the uniformed services affirm16 atively elected, in writing, to decline to apply for increased

17 SGLI coverage under paragraph (e) of section 1922A of title

18 38, United States Code: Provided further, That in the case

19 of a deceased member of the uniformed services who, prior

20 to death, affirmatively elected, in writing, to apply for an

21 increase in SGLI coverage in an amount less than $100,000

22 under paragraph (e) of section 1922A of title 38, U.S.C.,

23 the death gratuity paid under this section shall be equal

24 to the amount of the increase so elected: Provided further,

25 That a death gratuity shall be payable under this section
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1 to a SGLI beneficiary upon receipt of a written application

2 therefor by the Secretary of Defense not later than Septem3 ber 30, 1994: Provided further, That, in addition to

4 amounts appropriated elsewhere in this Act, $5,300,000 is

5 appropriated and shall be available only for the settlement

6 of death gratuity claims under this section.

7 (TRANSFER OF FUNDS)

8 SEC. 8137. During the current fiscal year and there9 after, sales of stockpiled material in the National Defense

10 Stockpile Transaction Fund in the Defense Business Oper11 ations Fund may be made in amounts not to exceed

12 $500,000,000 in each fiscal year: Provided, That receipts

13 from such sales as well as available fund balances may be

14 transferred to any appropriation available to the Depart15 ment of Defense to be merged with and to be available for

16 the same purposes and same time period as the appropria17 tion to which transferred, or may be deposited to the mis18 cellaneous receipts of the Treasury: Provided further, That

19 the Secretary of Defense may impose a moratorium on the

20 acquisition of new material for the National Defense Stock21 pile for the purpose of reducing existing excess material in

22 the Stockpile.

23 SEC. 8138. The Assistant Secretary of Defense for

24 Health Affairs shall, during the current fiscal year, initiate

25 a managed health care program for eligible beneficiaries in

26 the area of Homestead Air Force Base: Provided, That this
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1 program shall provide benefits and services substantially

2 identical to those established to serve beneficiary popu3 lations in areas where military medical facilities have been

4 terminated, to include retail pharmacy networks available

5 to Medicare-eligible beneficiaries: Provided further, That the

6 Assistant Secretary of Defense for Health Affairs shall

7 present a plan to implement this program to the House and

8 Senate Committees on Appropriations not later than Janu9 ary 15, 1994.

10 (RESCISSIONS)

11 SEC. 8139. Of the funds provided in Department of

12 Defense Appropriations Acts, the following funds are hereby

13 rescinded from the following accounts in the specified

14 amounts:

15 ‘‘Aircraft Procurement, Army, 1993/1994’’,

16 $42,700,000;

17 ‘‘Wheeled and Tracked Combat Vehicles, Army,

18 1993/1995’’, $4,700,000;

19 ‘‘Procurement of Ammunition, Army, 1992/

20 1994’’, $30,181,000;

21 ‘‘Procurement of Ammunition, Army, 1993/

22 1995’’, $32,580,000;

23 ‘‘Weapons Procurement, Navy, 1992/1994’’,

24 $15,000,000;

25 ‘‘Weapons Procurement, Navy, 1993/1995’’,

26 $47,500,000;
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1 ‘‘Other Procurement, Navy, 1993/1995’’,

2 $26,600,000;

3 ‘‘Procurement, Marine Corps, 1992/1994’’,

4 $10,285,000;

5 ‘‘Procurement, Marine Corps, 1993/1995’’,

6 $6,508,000;

7 ‘‘Missile Procurement, Air Force, 1993/1995’’,

8 $57,600,000;

9 ‘‘Other Procurement, Air Force, 1993/1995’’,

10 $63,206,000;

11 ‘‘Other Procurement, Air Force, 1992/1994’’,

12 $17,276,000;

13 ‘‘Research, Development, Test and Evaluation,

14 Navy, 1993/1994’’, $13,100,000.

15 SEC. 8140. In addition to amounts appropriated else16 where in this Act, $25,000,000 is appropriated for the sub17 sidy of loan guarantees to carry out the program established

18 under section 1052 of S. 1298 as it passed the Senate on

19 September 14, 1993: Provided, That such section is enacted

20 into law.

21 SEC. 8141. The Under Secretary of Defense for Acqui22 sition shall develop a detailed plan and schedule to imple23 ment the transition of the Defense Nuclear Agency and the

24 integration of its militarily essential functions into the

25 military services and Advanced Research Projects Agency:
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1 Provided, That none of the funds made available by this

2 Act shall be available to implement changes in current DNA

3 operations until 30 days after the plan and schedule have

4 been approved by the Under Secretary of Defense for Acqui5 sition and submitted to the Congressional defense commit6 tees for review: Provided further, That the Under Secretary

7 of Defense for Acquisition shall submit the aforementioned

8 transition plan and schedule not later than February 1,

9 1994.

10 This Act may be cited as the ‘‘Department of Defense

11 Appropriations Act, 1994’’.

Passed the House of Representatives September 29,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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