IB

103D CONGRESS

1ST SESSION H. R. 3116

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1993

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 1994, and for other

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

7 other purposes, namely:

8 TITLE I

9 MILITARY PERSONNEL

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, interest on

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

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

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

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

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

10 Ω1æ$21,571,207,000 $21,212,285,000.

11 MILITARY PERSONNEL, NAVY

12 For pay, allowances, individual clothing, interest on

13 deposits, gratuities, permanent change of station travel

14 (including all expenses thereof for organizational move15 ments), and expenses of temporary duty travel between

16 permanent duty stations, for members of the Navy on ac17 tive duty (except members of the Reserve provided for

18 elsewhere), midshipmen, and aviation cadets; and for pay19 ments pursuant to section 156 of Public Law 97–377, as

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

21 Social Security Act (42 U.S.C. 429(b)), and to the De22 partment of Defense Military Retirement Fund;

23 Ω2æ$18,633,383,000 $18,156,982,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For pay, allowances, individual clothing, interest on

3 deposits, gratuities, permanent change of station travel

4 (including all expenses thereof for organizational move5 ments), and expenses of temporary duty travel between

6 permanent duty stations, for members of the Marine

7 Corps on active duty (except members of the Reserve pro8 vided for elsewhere); and for payments pursuant to section

9 156 of Public Law 97–377, as amended (42 U.S.C. 402

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

11 U.S.C. 429(b)), and to the Department of Defense Mili12 tary Retirement Fund; Ω3æ$5,763,117,000

13 $5,755,272,000.

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, interest on

16 deposits, gratuities, permanent change of station travel

17 (including all expenses thereof for organizational move18 ments), and expenses of temporary duty travel between

19 permanent duty stations, for members of the Air Force

20 on active duty (except members of reserve components

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

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

23 377, as amended (42 U.S.C. 402 note), to section 229(b)

24 of the Social Security Act (42 U.S.C. 429(b)), and to the
4

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1 Department of Defense Military Retirement Fund;

2 Ω4æ$15,916,937,000 $15,662,809,000.

3 RESERVE PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities,

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 265, 3021, and 3038

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

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

9 in connection with performing duty specified in section

10 678(a) of title 10, United States Code, or while under11 going reserve training, or while performing drills or equiv12 alent duty or other duty, and for members of the Reserve

13 Officers’ Training Corps, and expenses authorized by sec14 tion 2131 of title 10, United States Code, as authorized

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

16 Military Retirement Fund; Ω5æ$2,143,272,000

17 $2,138,416,000.

18 RESERVE PERSONNEL, NAVY

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

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

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

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

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

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

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

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

5 the Department of Defense Military Retirement Fund;

6 Ω6æ$1,565,838,000 $1,550,989,000.

7 RESERVE PERSONNEL, MARINE CORPS

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

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 265 of title

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

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

13 connection with performing duty specified in section

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

17 leaders class, and expenses authorized by section 2131 of

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

19 for payments to the Department of Defense Military Re20 tirement Fund; Ω7æ$350,490,000 $311,661,000.

21 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

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

6 Reserve Officers’ Training Corps, and expenses authorized

7 by section 2131 of title 10, United States Code, as author8 ized by law; and for payments to the Department of De9 fense Military Retirement Fund; Ω8æ$783,158,000

10 $778,919,000.

11 NATIONAL GUARD PERSONNEL, ARMY

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

13 travel, and related expenses for personnel of the Army Na14 tional Guard while on duty under section 265, 3021, or

15 3496 of title 10 or section 708 of title 32, United States

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

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

18 in connection with performing duty specified in section

19 678(a) of title 10, United States Code, or while under20 going training, or while performing drills or equivalent

21 duty or other duty, and expenses authorized by section

22 2131 of title 10, United States Code, as authorized by

23 law; and for payments to the Department of Defense Mili24 tary Retirement Fund; Ω9æ$3,334,183,000

25 $3,332,556,000.
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

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

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

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

14 Fund; Ω10æ$1,215,935,000 $1,230,471,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

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

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

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

25 of necessity for confidential military purposes;
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1 Ω11æ$15,221,091,000 $15,706,229,000 and, in addition,

2 Ω12æ$880,200,000, to be derived by transfer from the De3 fense Business Operations Fund and $150,000,000 shall

4 be derived by transfer from the National Defense Stock5 pile Transaction Fund: Provided, That $450,000 shall be

6 made available only for the 1994 Memorial Day Celebra7 tion and $450,000 shall be made available only for the

8 1994 Capitol Fourth ProjectΩ13æ: Provided further, That

9 of the funds appropriated in this paragraph, not less than

10 $6,500,000 shall be made available only for the Army Envi11 ronmental Policy Institute, of which $2,000,000 shall be

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

13 uranium on the environment: Provided further, That of the

14 funds appropriated in this paragraph, $500,000 shall be

15 available only for a study of the effects of uranium milling,

16 including exposure to radon chemicals and uranium, on the

17 health of those individuals employed in uranium mills in

18 the southwestern United States during the period beginning

19 on January 1, 1947 and ending on December 31, 1971: Pro20 vided further, That the Senate finds that—

21 (1) the United States entered into Operation Re22 store Hope in December of 1992 for the purpose of re23 lieving mass starvation in Somalia;

24 (2) the original humanitarian relief mission in

25 Somalia had the unanimous support of the Senate,
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1 expressed in Senate Joint Resolution 45, passed on

2 February 4, 1993;

3 (3) the original humanitarian mission was being

4 successfully accomplished by United States forces,

5 working with forces of other nations, and an ex6 panded mission was assumed by the United Nations

7 on May 4, 1993 pursuant to United Nations Resolu8 tion 814, of March 26, 1993;

9 (4) neither the expanded United Nations mission

10 of national reconciliation, nor the broad mission of

11 disarming the clans, nor any other mission not essen12 tial to the performance of the humanitarian mission

13 has been endorsed or approved by the Senate;

14 (5) the expanded mission of the United Nations

15 was, subsequent to an attack upon United Nations

16 forces, diverted into a mission aimed primarily at

17 capturing certain persons, pursuant to United Na18 tions Security Council Resolution 837, of June 6,

19 1993;

20 (6) the actions of hostile elements in Mogadishu,

21 and the United Nations mission to subdue those ele22 ments, have resulted in open conflict in the city of

23 Mogadishu and the deaths of 29 Americans, at least

24 159 wounded, and the capture of American personnel;

25 and
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1 (7) during fiscal years 1992 and 1993, the

2 United States incurred expenses in excess of

3 $1,100,000,000 to support operations in Somalia:

4 Provided further, That the Senate approves the use of

5 United States Armed Forces in Somalia for the following

6 purposes—

7 (i) The protection of United States personnel

8 and bases; and

9 (ii) The provision of assistance in securing open

10 lines of communication for the free flow of supplies

11 and relief operations through the provision of—

12 (I) United States military logistical sup13 port services to United Nations forces; and

14 (II) United States combat forces in a secu15 rity role and as an interim force protection sup16 plement to United Nations units:

17 Provided further, That funds appropriated, or otherwise

18 made available, in this or any other Act to the Department

19 of Defense may be obligated for expenses incurred only

20 through March 31, 1994 for the operations of United States

21 Armed Forces in Somalia: Provided further, That such date

22 may be extended if so requested by the President and au23 thorized by the Congress: Provided further, That funds may

24 be obligated beyond March 31, 1994 to support a limited

25 number of United States military personnel sufficient only
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1 to protect American diplomatic facilities and American

2 citizens, and noncombat personnel to advise the United Na3 tions commander in Somalia: Provided further, That

4 United States combat forces in Somalia shall be under the

5 command and control of United States commanders under

6 the ultimate direction of the President of the United States:

7 Provided further, That the President should intensify efforts

8 to have United Nations member countries immediately de9 ploy additional troops to Somalia to fulfill previous force

10 commitments made to the United Nations and to deploy

11 additional forces to assume the security missions of United

12 States Armed Forces: Provided further, That—

13 (A) captured United States personnel in Soma14 lia should be treated humanely and fairly; and

15 (B) the United States and the United Nations

16 should make all appropriate efforts to ensure the im17 mediate and safe return of any future captured

18 United States personnel:

19 Provided further, That the President should ensure that, at

20 all times, United States military personnel in Somalia have

21 the capacity to defend themselves, and American citizens:

22 Provided further, That the United States Armed Forces

23 should remain deployed in or around Somalia until such

24 time as all American service personnel missing in action
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1 in Somalia are accounted for, and all American service per2 sonnel held prisoner in Somalia are released

3 OPERATION AND MAINTENANCE, NAVY

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance of the Navy and the

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

8 $4,667,000 can be used for emergencies and extraordinary

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

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

11 on his certificate of necessity for confidential military pur12 poses; Ω14æ$18,097,782,000 $19,845,083,000 and, in

13 Ω15æaddition $1,092,700,000, to be derived by transfer

14 from the Defense Business Operations Fund and addition,

15 $150,000,000 shall be derived by transfer from the Na16 tional Defense Stockpile Transaction FundΩ16æ:–Pro17 vided, That $350,000 shall be available only to connect

18 residences located in the vicinity of the Naval Air Warfare

19 Center, Warminster, to the Warminster municipal water

20 supply system.

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 Ω17æ(INCLUDING TRANSFER OF FUNDS)

23 For expenses, not otherwise provided for, necessary

24 for the operation and maintenance of the Marine Corps,

25 as authorized by law; Ω18æ$1,773,889,000 and, in addi-
13

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1 tion, $121,000,000, to be derived by transfer from the De2 fense Business Operations Fund $1,834,495,000.

3 OPERATION AND MAINTENANCE, AIR FORCE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary

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

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

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

10 the Air Force, and payments may be made on his certifi11 cate of necessity for confidential military purposes;

12 Ω19æ$18,305,447,000 $19,107,389,000 and, in addition,

13 Ω20æ$941,400,000, to be derived by transfer from the De14 fense Business Operations Fund and $200,000,000 shall

15 be derived by transfer from the National Defense Stock16 pile Transaction FundΩ21æ:–Provided, That $15,500,000

17 shall only be used to operate, maintain and enhance the

18 Tactical Interim CAMS and REMIS Reporting System

19 (TICARRS–92): Provided further, That TICARRS–92 be

20 reestablished, with direct maintenance data input, as the

21 supporting system for at least one wing each of F–15, F–

22 16, and F–117A aircraft by no later than February 1,

23 1994: Provided further, That TICARRS–92 be reestab24 lished, with direct maintenance data input, as the support25 ing system for all F–15, F–16, and F–117A aircraft by
14

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1 no later than April 1, 1994: Provided further, That none

2 of the funds appropriated or otherwise made available

3 under this Act shall be used to operate, maintain or other4 wise support an automated maintenance management sys5 tem for F–15, F–16, and F–117A aircraft other than

6 TICARRS–92 after April 1, 1994: Provided further, That

7 of the funds appropriated under this heading, not more

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

9 Women in Military Service For America Memorial Foun10 dation, Inc., to be used solely to perform the repair, res11 toration, and preservation of the main gate structures,

12 center plaza, and Homicycle of the Arlington National

13 Cemetery. These funds shall be made available solely for

14 project costs and none of the funds are for remuneration

15 of any entity or individual associated with fund raising

16 for the project: Provided further, That of the funds appro17 priated under this heading, $5,000,000 shall be made

18 available only for continued environmental restoration of

19 the former Olmsted Air Force Base, Pennsylvania.

20 OPERATION AND MAINTENANCE, DEFENSE-WIDE

21 For expenses, not otherwise provided for, necessary

22 for the operation and maintenance of activities and agen23 cies of the Department of Defense (other than the military

24 departments), as authorized by law; Ω22æ$9,487,133,000

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

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

2 which not to exceed $19,422,000 can be used for emer3 gencies and extraordinary expenses, to be expended on the

4 approval or authority of the Secretary of Defense, and

5 payments may be made on his certificate of necessity for

6 confidential military purposesΩ23æ:–Provided, That of the

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

8 be made available only for the Special Operations Com9 mand: Provided further, That, of the funds appropriated

10 in this paragraph $10,000,000 shall be available for activi11 ties to support the clearing of landmines for humanitarian

12 purposes: Provided further, That of the funds appropriated

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

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

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

16 be made available only for aiding school districts in accord17 ance with authority granted under sections 3(a) through

18 3(e) of Public Law 81–874: Provided further, That of the

19 funds appropriated in this paragraph, not less than

20 $50,000,000 shall be made available only for the Legacy Re21 source Management Program, of which not less than

22 $200,000 shall be made available for the Legacy Resource

23 Management Program fellowships: Provided further, That

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

25 shall be made available only for the repair and mainte-
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1 nance of federally owned education facilities located on

2 military installationsΩ24æ: Provided further, That of the

3 funds appropriated under this heading, $1,000,000 shall be

4 made available only for use by the Office of the Secretary

5 of Defense for the exploitation of captured Iraqi Govern6 ment documents relating to the Kurds and other minorities

7 of northern Iraq: Provided further, That the funds in the

8 preceding proviso may be made available for personal serv9 ice contracts of Arabic-language linguists and may be ex10 empt from competitive bidding requirements: Provided fur11 ther, That of the funds appropriated under this heading,

12 $1,000,000 shall be made available only for the Defense

13 Mapping Agency to evaluate and procure available imagery

14 photographs and materials from successor states of the

15 former Soviet Union: Provided further, That the Director

16 of the Defense Mapping Agency shall report to the Congres17 sional Defense Committees the availability of such imagery

18 materials, priorities for acquisition and the process for the

19 dissemination of such materials to Federal agencies, State

20 and local authorities, academic institutions and the private

21 sector not later than March 15, 1994.

22 OPERATION AND MAINTENANCE, ARMY RESERVE

23 For expenses, not otherwise provided for, necessary

24 for the operation and maintenance, including training, or25 ganization, and administration, of the Army Reserve; re-
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1 pair of facilities and equipment; hire of passenger motor

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

3 recruiting; procurement of services, supplies, and

4 equipment; and communications; Ω25æ$1,115,095,000:

5 Provided, That of the funds appropriated in this para6 graph, $19,505,000 shall not be obligated or expended

7 until authorized by law $1,057,740,000.

8 OPERATION AND MAINTENANCE, NAVY RESERVE

9 For expenses, not otherwise provided for, necessary

10 for the operation and maintenance, including training, or11 ganization, and administration, of the Navy Reserve; re12 pair of facilities and equipment; hire of passenger motor

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications; Ω26æ$807,200,000

16 $761,137,000 Ω27æ: Provided, That operational control of

17 the Naval Reserve Personnel Center, including its func18 tions and responsibilities, shall be under the command and

19 control of the Commander, Naval Reserve CommandΩ28æ:

20 Provided further, That of the funds appropriated in this

21 paragraph, $31,400,000 shall not be obligated or ex22 pended until authorized by law.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications; Ω29æ$86,855,000: Provided,

10 That of the funds appropriated in this paragraph,

11 $11,805,000 shall not be obligated or expended until au12 thorized by law $75,125,000.

13 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance, including training, or16 ganization, and administration, of the Air Force Reserve;

17 repair of facilities and equipment; hire of passenger motor

18 vehicles; travel and transportation; care of the dead; re19 cruiting; procurement of services, supplies, and equip20 ment; and communications; Ω30æ$1,370,222,000: Pro21 vided, That of the funds appropriated in this paragraph,

22 $15,644,000 shall not be obligated or expended until au23 thorized by law $1,333,470,000.
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and administer4 ing the Army National Guard, including medical and hos5 pital treatment and related expenses in non-Federal hos6 pitals; maintenance, operation, and repairs to structures

7 and facilities; hire of passenger motor vehicles; personnel

8 services in the National Guard Bureau; travel expenses

9 (other than mileage), as authorized by law for Army per10 sonnel on active duty, for Army National Guard division,

11 regimental, and battalion commanders while inspecting

12 units in compliance with National Guard Bureau regula13 tions when specifically authorized by the Chief, National

14 Guard Bureau; supplying and equipping the Army Na15 tional Guard as authorized by law; and expenses of repair,

16 modification, maintenance, and issue of supplies and

17 equipment (including aircraft); Ω31æ$2,272,018,000

18 $2,216,944,000Ω32æ:–Provided, That of the funds appro19 priated in this paragraph, $10,000,000 shall be available

20 only for a National Guard Outreach Program in the Los

21 Angeles School District: Provided further, That of the

22 funds appropriated in this paragraph, $48,763,000 shall

23 not be obligated or expended until authorized by law:

24 Provided, That of the funds appropriated under this head-
20

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1 ing, $3,000,000 shall be made available only for the

2 MEDRETES program.

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For operation and maintenance of the Air National

5 Guard, including medical and hospital treatment and re6 lated expenses in non-Federal hospitals; maintenance, op7 eration, repair, and other necessary expenses of facilities

8 for the training and administration of the Air National

9 Guard, including repair of facilities, maintenance, oper10 ation, and modification of aircraft; transportation of

11 things; hire of passenger motor vehicles; supplies, mate12 rials, and equipment, as authorized by law for the Air Na13 tional Guard; and expenses incident to the maintenance

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

15 such as may be furnished from stocks under the control

16 of agencies of the Department of Defense; travel expenses

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

18 law for Air National Guard personnel on active Federal

19 duty, for Air National Guard commanders while inspect20 ing units in compliance with National Guard Bureau reg21 ulations when specifically authorized by the Chief, Na22 tional Guard Bureau; Ω33æ$2,695,233,000

23 $2,686,299,000Ω34æ:–Provided, That of the funds appro24 priated under this paragraph, $3,000,000 shall be made

25 available only for the operation of Air National Guard C–
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1 130H operational support aircraft of the 159th Air Na2 tional Guard Fighter Group and the 169th Air National

3 Guard Fighter GroupΩ35æ: Provided further, That of the

4 funds appropriated in this paragraph, $30,000,000 shall

5 not be obligated or expended until authorized by law.

6 NATIONAL BOARD FOR THE PROMOTION OF RIFLE

7 PRACTICE, ARMY

8 For the necessary expenses and personnel services

9 (other than pay and non-travel-related allowances of mem10 bers of the Armed Forces of the United States, except for

11 members of the reserve components thereof called or or12 dered to active duty to provide support for the national

13 matches) in accordance with law, for operation and main14 tenance of rifle ranges; the instruction of citizens in

15 marksmanship; the promotion of rifle practice; the conduct

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

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

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

19 individuals attending regional, national, and international

20 competitions; and the payment to competitors at national

21 matches under section 4312 of title 10, United States

22 Code, of subsistence and travel allowances under section

23 4313 of title 10, United States Code; not to exceed

24 $2,483,000.
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1 COURT OF MILITARY APPEALS, DEFENSE

2 For salaries and expenses necessary for the United

3 States Court of Military Appeals; Ω36æ$5,855,000

4 $6,055,000, of which not to exceed $2,500 can be used for

5 official representation purposesΩ37æ:–Provided, That of

6 the funds appropriated in this paragraph, $245,000 shall

7 not be obligated or expended until authorized by law.

8 ENVIRONMENTAL RESTORATION, DEFENSE

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of Defense;

11 Ω38æ$1,716,800,000 $2,207,800,000, to remain available

12 until transferred: Provided, That the Secretary of Defense

13 shall, upon determining that such funds are required for

14 environmental restoration, reduction and recycling of haz15 ardous waste, Ω39æresearch and development associated

16 with hazardous wastes and removal of unsafe buildings

17 and debris of the Department of Defense, or for similar

18 purposes (including programs and operations at sites for19 merly used by the Department of Defense), transfer the

20 funds made available by this appropriation to other appro21 priations made available to the Department of Defense as

22 the Secretary may designate, to be merged with and to

23 be available for the same purposes and for the same time

24 period as the appropriations of funds to which transferred:

25 Provided further, That upon a determination that all or
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1 part of the funds transferred from this appropriation are

2 not necessary for the purposes provided herein, such

3 amounts may be transferred back to this appropriation:

4 Provided further, That of the funds provided under this

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

6 only for the expedited cleanup of environmentally contami7 nated sites and only in accordance with a comprehensive

8 plan submitted to Congress by the Secretary of Defense.

9 Ω40æSUPPORT FOR INTERNATIONAL SPORTING

10 COMPETITIONS, DEFENSE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses of logistical support (including security

13 planning and services) and personnel services provided by

14 the Department of Defense for the World University

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

16 World Cup USA Organizing Committee, (other than pay

17 and nontravel related allowances of members of the Armed

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

19 Reserve components thereof called or ordered to active

20 duty to provide support for such international sporting

21 competitions), as authorized by law, provided by any com22 ponent of the Department of Defense to such sporting

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

24 $2,000,000 shall be available only for the 1996 Games of

25 the XXVI Olympiad, to remain available until expended:
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1 Provided, That unobligated balances of funds appropriated

2 in the Department of Defense Appropriations Act, 1992

3 (Public Law 102–172) under the headings ‘‘World Univer4 sity Games’’ and ‘‘Summer Olympics’’ and unobligated

5 balances of the funds appropriated in the Department of

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

7 under the headings ‘‘World University Games’’ and ‘‘Sum8 mer Olympics’’ and ‘‘World Cup USA 1994’’ in title II

9 of that Act shall, notwithstanding section 8003 of Public

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

11 upon the enactment of this Act, be transferred to this ap12 propriation, to be merged with and to be available for the

13 same purposes, and for the same time period, as this ap14 propriation: Provided further, That the funds so trans15 ferred from such Acts under the headings ‘‘Summer Olym16 pics’’ shall be available only for expenses for, or incurred

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

18 to the 1996 Games of the XXVI Olympiad: Provided fur19 ther, That funds appropriated in this paragraph shall not

20 be obligated or expended until authorized by law.

21 SUMMER OLYMPICS

22 For logistical support and personnel services (other

23 than pay and nontravel related allowances of members of

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

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

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

3 component of the Department of Defense to the 1996 Games

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

5 WORLD CUP USA 1994

6 For logistical support and personnel services (other

7 than pay and nontravel related allowances of members of

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

9 of the reserve components thereof called or ordered to active

10 duty to provide support for the World Cup USA 1994 Orga11 nizing Committee) provided by any component of the De12 partment of Defense to the World Cup USA 1994 Organiz13 ing Committee; $12,000,000.

14 HUMANITARIAN ASSISTANCE

15 For transportation for humanitarian relief for the

16 people of AfghanistanΩ41æ, the Kurdish population and

17 other minorities of northern Iraq, and Ω42æthe people of

18 sub-Saharan Africa, acquisition and shipment of transpor19 tation assets to assist in the distribution of such relief,

20 and for transportation and distribution of humanitarian

21 relief supplies, and excess non-lethal property;

22 Ω43æ$15,000,000 $48,000,000, to remain available for ob23 ligation until September 30, 1995Ω44æ:–Provided, That of

24 the funds appropriated in this paragraph, $15,000,000

25 shall not be obligated or expended until authorized by law:
26

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1 Provided, That of the funds appropriated under this head2 ing, $30,000,000 shall be made available only for Kurdish

3 relief activities, of which $15,000,000 shall be made avail4 able for a 1993–1994 winterization relief program: Pro5 vided further, That of the funds appropriated under this

6 heading, $10,000,000 shall be made available for activities

7 to support clearing of land mines for humanitarian pur8 poses.

9 FORMER SOVIET UNION THREAT REDUCTION

10 For assistance to the republics of the former Soviet

11 Union, including assistance provided by contract or by

12 grants, for facilitating the elimination and the safe and

13 secure transportation and storage of nuclear, chemical and

14 other weapons; for providing incentives for demilitariza15 tion; for establishing programs to prevent the proliferation

16 of weapons, weapons components, and weapons-related

17 technology and expertise; for expansion of military-to-mili18 tary contacts; for supporting the conversion of military

19 technologies and capabilities into civilian activities; and for

20 retraining military personnel of the former Soviet Union;

21 $400,000,000, to remain available until expendedΩ45æ:

22 Provided, That of the funds appropriated under this head23 ing, $10,000,000 shall be made available only for the con24 tinuing study, assessment, and identification of nuclear

25 waste disposal by the former Soviet Union in the Arctic
27

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1 region: Provided further, That the transfer authority pro2 vided in section 9110(a) of the Department of Defense Ap3 propriations Act, 1993, shall continue to be in effect during

4 fiscal year 1994: Provided further, That any transfer made

5 under the foregoing proviso in this paragraph shall be sub6 ject to the limitations and the reporting requirements stipu7 lated in section 8006 of this Act∆46«: Provided further,

8 That the Director of Central Intelligence shall report to the

9 President and the Congressional defense and intelligence

10 committees on the current status of intercontinental ballis11 tic missile development and production in states eligible for

12 assistance under this heading: Provided further, That none

13 of the funds appropriated under this heading may be ex14 pended or transferred to an otherwise eligible recipient state

15 if the President concludes, and notifies the Congressional

16 defense and intelligence committees in a written report, that

17 the potential recipient is currently engaged in the produc18 tion of a new road mobile or fixed-site land based inter19 continental ballistic missile armed with multiple nuclear

20 re-entry vehicles.

21 TITLE III

22 PROCUREMENT

23 AIRCRAFT PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including
28

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1 ordnance, ground handling equipment, spare parts, and

2 accessories therefor; specialized equipment and training

3 devices; expansion of public and private plants, including

4 the land necessary therefor, for the foregoing purposes,

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

6 construction prosecuted thereon prior to approval of title;

7 and procurement and installation of equipment, appli8 ances, and machine tools in public and private plants; re9 serve plant and Government and contractor-owned equip10 ment layaway; and other expenses necessary for the fore11 going purposes; Ω47æ$1,726,164,000 $1,125,303,000, to

12 remain available for obligation until September 30,

13 1996Ω48æ:–Provided, That of the funds appropriated in

14 this paragraph, $219,627,000 shall not be obligated or ex15 pended until authorized by law.

16 MISSILE PROCUREMENT, ARMY

17 For construction, procurement, production, modifica18 tion, and modernization of missiles, equipment, including

19 ordnance, ground handling equipment, spare parts, and

20 accessories therefor; specialized equipment and training

21 devices; expansion of public and private plants, including

22 the land necessary therefor, for the foregoing purposes,

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

24 and construction prosecuted thereon prior to approval of

25 title; and procurement and installation of equipment, ap-
29

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1 pliances, and machine tools in public and private plants;

2 reserve plant and Government and contractor-owned

3 equipment layaway; and other expenses necessary for the

4 foregoing purposes; Ω49æ$1,126,110,000 $934,123,000, to

5 remain available for obligation until September 30,

6 1996Ω50æ:–Provided, That of the funds appropriated in

7 this paragraph, $41,795,000 shall not be obligated or ex8 pended until authorized by law.

9 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

10 VEHICLES, ARMY

11 For construction, procurement, production, and

12 modification of weapons and tracked combat vehicles,

13 equipment, including ordnance, spare parts, and acces14 sories therefor; specialized equipment and training devices;

15 expansion of public and private plants, including the land

16 necessary therefor, for the foregoing purposes, and such

17 lands and interests therein, may be acquired, and con18 struction prosecuted thereon prior to approval of title; and

19 procurement and installation of equipment, appliances,

20 and machine tools in public and private plants; reserve

21 plant and Government and contractor-owned equipment

22 layaway; and other expenses necessary for the foregoing

23 purposes; Ω51æ$892,709,000 $805,074,000, to remain

24 available for obligation until September 30, 1996Ω52æ:–

25 Provided, That of the funds appropriated in this para-
30

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1 graph, $15,712,000 shall not be obligated or expended

2 until authorized by law.

3 PROCUREMENT OF AMMUNITION, ARMY

4 Ω53æ(INCLUDING TRANSFER OF FUNDS)

5 For construction, procurement, production, and

6 modification of ammunition, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including ammunition facilities au9 thorized by section 2854, title 10, United States Code, and

10 the land necessary therefor, for the foregoing purposes,

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

12 and construction prosecuted thereon prior to approval of

13 title; and procurement and installation of equipment, ap14 pliances, and machine tools in public and private plants;

15 reserve plant and Government and contractor-owned

16 equipment layaway; and other expenses necessary for the

17 foregoing purposes; Ω54æ$620,787,000 $610,174,000,

18 Ω55æand, in addition, $100,000,000, to be derived by

19 transfer from the Conventional Ammunition Working

20 Capital Fund of the Department of Defense, to remain

21 available for obligation until September 30, 1996.

22 OTHER PROCUREMENT, ARMY

23 For construction, procurement, production, and

24 modification of vehicles, including tactical, support, and

25 nontracked combat vehicles; the purchase of not to exceed
31

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1 16 passenger motor vehicles for replacement only; commu2 nications and electronic equipment; other support equip3 ment; spare parts, ordnance, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including the land necessary there6 for, for the foregoing purposes, and such lands and inter7 ests therein, may be acquired, and construction prosecuted

8 thereon prior to approval of title; and procurement and

9 installation of equipment, appliances, and machine tools

10 in public and private plants; reserve plant and Govern11 ment and contractor-owned equipment layaway; and other

12 expenses necessary for the foregoing purposes;

13 Ω56æ$2,904,933,000 $2,784,474,000, to remain available

14 for obligation until September 30, 1996Ω57æ: Provided

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

16 $18,000,000 shall be available only for Heavy Armor Modi17 fication for the High-Mobility multipurpose wheeled vehicle.

18 AIRCRAFT PROCUREMENT, NAVY

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

21 ordnance, spare parts, and accessories therefor; specialized

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

25 thereon prior to approval of title; and procurement and
32

HR 3116 PP

1 installation of equipment, appliances, and machine tools

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

4 Ω58æ$5,664,216,000 $5,665,615,000, to remain available

5 for obligation until September 30, 1996.

6 WEAPONS PROCUREMENT, NAVY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, torpedoes, other weap9 ons, other ordnance and ammunition, and related support

10 equipment including spare parts, and accessories therefor;

11 expansion of public and private plants, including the land

12 necessary therefor, and such lands and interests therein,

13 may be acquired, and construction prosecuted thereon

14 prior to approval of title; and procurement and installation

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

16 private plants; reserve plant and Government and contrac17 tor-owned equipment layaway; Ω59æ$2,808,986,000, to re18 main available for obligation until September 30, 1996

19 $2,972,906,000, to remain available for obligation until

20 September 30, 1996: Provided, That of the funds appro21 priated in this paragraph, $1,028,596,000 shall not be obli22 gated or expended for procurement or advance procurement

23 of Trident II missiles unless the President has certified to

24 Congress that the other signatories to the START treaty

25 have rejected a United States proposal to the Joint Compli-
33

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1 ance and Inspection Commission that ‘‘detubing’’ be accept2 ed as an option for eliminating SLBM launchers under

3 START II or until the President has certified to Congress

4 that such course of action would not be in the national in5 terest Ω60æ:–Provided, That of the funds appropriated in

6 this paragraph, $44,162,000 shall not be obligated or ex7 pended until authorized by law.

8 SHIPBUILDING AND CONVERSION, NAVY

9 For expenses necessary for the construction, acquisi10 tion, or conversion of vessels as authorized by law, includ11 ing armor and armament thereof, plant equipment, appli12 ances, and machine tools and installation thereof in public

13 and private plants; reserve plant and Government and con14 tractor-owned equipment layaway; procurement of critical,

15 long leadtime components and designs for vessels to be

16 constructed or converted in the future; and expansion of

17 public and private plants, including land necessary there18 for, and such lands and interests therein, may be acquired,

19 and construction prosecuted thereon prior to approval of

20 title, as follows:

21 Ω61æCarrier replacement program,

22 $3,403,600,000: Provided, That these funds shall not

23 be oligated or expended until authorized by law;

24 Refueling overhauls, $31,127,000;
34

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1 DDG–51 destroyer program,

2 Ω62æ$2,642,772,000 $2,610,972,000;

3 LHD–1 amphibious assault ship program,

4 $893,848,000Ω63æ, of which $50,000,000 may be

5 available for advance procurement on the LHD–7

6 amphibious assault ship;

7 Ω64æMine warfare command and control ship,

8 $124,175,000;

9 Oceanographic ship program,

10 Ω65æ$110,049,000: Provided, That pursuant to 10

11 U.S.C. section 2304(c)(5), the last vessel of the T–

12 AGS 60 oceanographic research ship program may

13 be procured as an option to the contract for the con14 struction of the lead ship of the class: Provided fur15 ther, That none of the funds provided in this Act or

16 any other Act may be obligated for T–AGS

17 multibeam sonar systems prior to review by the

18 Committees on Appropriations of a Navy plan detail19 ing compliance with the recommendations of the

20 Comptroller General of the United States set forth

21 in his decision of August 19, 1993 (Case B–253129)

22 $62,482,000;

23 For craft, outfitting, post delivery,

24 Ω66æproduction design support, and first destination
35

HR 3116 PP

1 transportation, Ω67æand cost growth, $595,131,000

2 $330,104,000;

3 In all: Ω68æ$5,397,102,000 $7,332,133,000, to remain

4 available for obligation until September 30, 1998: Pro5 vided, That additional obligations may be incurred after

6 September 30, 1998, for engineering services, tests, eval7 uations, and other such budgeted work that must be per8 formed in the final stage of ship construction: Provided

9 further, That none of the funds herein provided for the

10 construction or conversion of any naval vessel to be con11 structed in shipyards in the United States shall be ex12 pended in foreign facilities for the construction of major

13 components of such vessel: Provided further, That none of

14 the funds herein provided shall be used for the construc15 tion of any naval vessel in foreign shipyardsΩ69æ:–Pro16 vided further, That of the funds appropriated in this para17 graph, $1,236,914,000 shall not be obligated or expended

18 until authorized by law.

19 OTHER PROCUREMENT, NAVY

20 For procurement, production, and modernization of

21 support equipment and materials not otherwise provided

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

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

24 of not to exceed 609 passenger motor vehicles for replace25 ment only; expansion of public and private plants, includ-
36

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1 ing the land necessary therefor, and such lands and inter2 ests therein, may be acquired, and construction prosecuted

3 thereon prior to approval of title; and procurement and

4 installation of equipment, appliances, and machine tools

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

7 Ω70æ$2,980,815,000 $2,794,718,000, to remain available

8 for obligation until September 30, 1996Ω71æ:–Provided,

9 That of the funds herein provided for the Computer Acqui10 sition Productivity Program, not less than $20,000,000

11 shall be available, obligated, and expended only for auto12 matic data processing investment equipment and periph13 eral equipment and related software for Defense Account14 ing Office and Naval Computer and Telecommunications

15 Station, New Orleans, the Enlisted Personnel Manage16 ment Center, and the Naval Reserve Personnel Cen17 terΩ72æ:–Provided further, That all Naval and Marine

18 Corps active and reserve personnel central design activities

19 and personnel accounting programs shall be managed and

20 coordinated at the Enlisted Personnel Management Center

21 and the Naval Reserve Personnel CenterΩ73æ:–Provided

22 further, That the Secretary of Defense shall provide a re23 port on establishing a full service finance and accounting

24 operation for joint reserve functions at the Defense Ac25 counting Office, New Orleans and the Naval Reserve
37

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1 Forces CommandΩ74æ:–Provided further, That the oper2 ations and functions of the Reserve Financial Manage3 ment System shall remain colocated with the Commander,

4 Naval Reserve ForceΩ75æ:–Provided further, That of the

5 funds appropriated in this paragraph, $119,335,000 shall

6 not be obligated or expended until authorized by law.

7 PROCUREMENT, MARINE CORPS

8 For expenses necessary for the procurement, manu9 facture, and modification of missiles, armament, ammuni10 tion, military equipment, spare parts, and accessories

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

12 and installation thereof in public and private plants; re13 serve plant and Government and contractor-owned equip14 ment layaway; vehicles for the Marine Corps, including the

15 purchase of not to exceed 96 passenger motor vehicles for

16 replacement only; and expansion of public and private

17 plants, including land necessary therefor, and such lands

18 and interests therein, may be acquired and construction

19 prosecuted thereon prior to approval of title;

20 Ω76æ$527,754,000 $441,056,000, to remain available for

21 obligation until September 30, 1996Ω77æ:–Provided, That

22 of the funds appropriated in this paragraph, $56,733,000

23 shall not be obligated or expended until authorized by law.
38

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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of

3 aircraft and equipment, including armor and armament,

4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized

6 equipment; expansion of public and private plants, Gov7 ernment-owned equipment and installation thereof in such

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

9 the foregoing purposes, and such lands and interests

10 therein, may be acquired, and construction prosecuted

11 thereon prior to approval of title; reserve plant and Gov12 ernment and contractor-owned equipment layaway; and

13 other expenses necessary for the foregoing purposes in14 cluding rents and transportation of things;

15 Ω78æ$6,887,201,000 $4,017,475,000, to remain available

16 for obligation until September 30, 1996Ω79æ:–Provided,

17 That of the funds appropriated in this paragraph, not less

18 than $20,000,000 shall be available only for the C–130J

19 aircraftΩ80æ: Provided, That of the funds appropriated

20 under this paragraph, $4,500,000 shall be available for re21 placement of the TER–9A ejection rack for F–16 fighter air22 craft.

23 MISSILE PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of

25 missiles, spacecraft, rockets, and related equipment, in-
39

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1 cluding spare parts and accessories therefor, ground han2 dling equipment, and training devices; expansion of public

3 and private plants, Government-owned equipment and in4 stallation thereof in such plants, erection of structures,

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

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

7 construction prosecuted thereon prior to approval of title;

8 reserve plant and Government and contractor-owned

9 equipment layaway; and other expenses necessary for the

10 foregoing purposes including rents and transportation of

11 things; Ω81æ$3,845,354,000 $4,127,514,000, to remain

12 available for obligation until September 30, 1996Ω82æ:–

13 Provided, That of the funds appropriated in this para14 graph, $224,483,000 shall not be obligated or expended

15 until authorized by law.

16 OTHER PROCUREMENT, AIR FORCE

17 For procurement and modification of equipment (in18 cluding ground guidance and electronic control equipment,

19 and ground electronic and communication equipment),

20 and supplies, materials, and spare parts therefor, not oth21 erwise provided for; the purchase of not to exceed 2 vehi22 cles required for physical security of personnel, notwith23 standing price limitations applicable to passenger vehicles

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

25 not to exceed 710 passenger motor vehicles of which 695
40

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

2 private plants, Government-owned equipment and installa3 tion thereof in such plants, erection of structures, and ac4 quisition of land, for the foregoing purposes, and such

5 lands and interests therein, may be acquired, and con6 struction prosecuted thereon, prior to approval of title; re7 serve plant and Government and contractor-owned equip8 ment layaway; Ω83æ$7,336,918,000 $7,527,084,000, to re9 main available for obligation until September 30, 1996.

10 NATIONAL GUARD AND RESERVE EQUIPMENT

11 For procurement of aircraft, missiles, tracked combat

12 vehicles, ammunition, other weapons, and other procure13 ment for the reserve components of the Armed Forces;

14 Ω84æ$1,178,100,000 $785,000,000, to remain available for

15 obligation until September 30, 1996Ω85æ:–Provided, That

16 of the funds appropriated in this paragraph,

17 $184,825,000 shall not be obligated or expended until au18 thorized by law.

19 PROCUREMENT, DEFENSE-WIDE

20 For expenses of activities and agencies of the Depart21 ment of Defense (other than the military departments)

22 necessary for procurement, production, and modification

23 of equipment, supplies, materials, and spare parts there24 for, not otherwise provided for; the purchase of not to ex25 ceed 1 vehicle required for physical security of personnel,
41

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1 notwithstanding price limitations applicable to passenger

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

3 purchase of not to exceed 438 passenger motor vehicles,

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

5 public and private plants, equipment, and installation

6 thereof in such plants, erection of structures, and acquisi7 tion of land for the foregoing purposes, and such lands

8 and interests therein, may be acquired, and construction

9 prosecuted thereon prior to approval of title; reserve plant

10 and Government and contractor-owned equipment lay11 away; Ω86æ$1,557,344,000 $1,602,726,000, to remain

12 available for obligation until September 30, 1996Ω87æ:–

13 Provided, That the funds available under this heading for

14 the High Performance Computer Modernization plan may

15 be used only for: (1) the execution of existing contract up16 grade options of installed stable supercomputer facilities

17 that have not kept technically current; or (2) the acquisi18 tion in open, competitive procurements of architecturally

19 stable, fully user-operational, compatible supercomputers

20 possessing essentially stable system software, which have

21 been successfully demonstrated using statistically valid

22 samples of the current workload of the laboratories in

23 question without substantive reprogramming or program

24 conversion.
42

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1 Ω88æDEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant

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

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

7 project unless a Presidential determination has been made

8 in accordance with the Defense Production Act: Provided

9 further, That the Department of Defense shall notify the

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

12 funds for any project not previously approved by Congress.

13 TITLE IV

14 RESEARCH, DEVELOPMENT, TEST AND

15 EVALUATION

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

17 ARMY

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

22 Ω89æ$5,560,082,000 $5,275,385,000, to remain available

23 for obligation until September 30, 1995: Provided, That

24 $2,000,000 shall be made available only for the Center

25 for Prostate Disease Research at the Walter Reed Army
43

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

2 shall be made available only for the Center of Excellence

3 in Breast Cancer Research and Training at the National

4 Naval Medical Center, in Bethesda, MarylandΩ90æ:–Pro5 vided further, That not less than $1,000,000 of the funds

6 appropriated in this paragraph shall be made available

7 only to a joint research partnership involving an edu8 cational institution, not now engaged in a large volume

9 of basic research, and a biomedical research institute, in10 cluding a working arrangement with Canadian and Ger11 man scientists, for the development and testing of a new

12 insulin derivative for the treatment of diabetes and

13 hypoglycemia in the dependents of active duty military

14 members: Provided further, That $1,000,000 of the funds

15 appropriated in this paragraph shall be available for a

16 lyme disease program: Provided further, That of the funds

17 appropriated in this paragraph, $142,941,000 shall not be

18 obligated or expended until authorized by law: Provided

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

20 $15,000,000 may be made available for an upgrade of the

21 Los Alamos Meson Physics Facility/Los Alamos Neutron

22 Scattering Center upon the determination by the Secretary

23 of Defense and the Secretary of Energy that the project will

24 make a significant contribution to enhancing the capabili25 ties of United States armed forces.
44

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of

6 facilities and equipment, as authorized by law;

7 Ω91æ$8,604,777,000 $7,925,369,000, to remain available

8 for obligation until September 30, 1995Ω92æ:–Provided,

9 That for continued research and development programs at

10 the National Center for Physical Acoustics, centering on

11 ocean acoustics as it applies to advanced antisubmarine

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

14 oceanic ambient noise, underwater sound propagation,

15 bubble related ambient noise, acoustically active surfaces,

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

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

20 the Mississippi Resource Development Corporation, of

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

22 to provide such special equipment as may be required for

23 particular projectsΩ93æ: Provided further, That none of

24 the funds appropriated in this paragraph may be obligated

25 or expended to develop or purchase equipment for an
45

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1 Aegis destroyer variant (commonly known as ‘‘Flight

2 IIA’’) whose initial operating capability is budgeted to be

3 achieved prior to the initial operating capability of the

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

6 those being developed in the Ship Self-Defense pro7 gramΩ94æ: Provided further, That funds appropriated in

8 this paragraph for Aegis Combat System Engineering tac9 tical display simplification may be obligated only to de10 velop equipment on an interim basis which is planned to

11 be installed in Aegis ships prior to the date that the first

12 production unit of the Advanced Display System is

13 planned to be accepted by the GovernmentΩ95æ: Provided

14 further, That funds appropriated in this paragraph for

15 Aegis Combat System Engineering tactical display sim16 plification may not be obligated on contracts which include

17 production options for ship installations planned beyond

18 the date that the first production unit of the Advanced

19 Display System is planned to be accepted by the Govern20 mentΩ96æ: Provided further, That funds appropriated in

21 this paragraph for development of E–2C aircraft upgrades

22 may not be obligated until the Under Secretary of Defense

23 for Acquisition submits a plan to the Committees on Ap24 propriations and Armed Services of each House of Con25 gress for development and deployment of a fully partici-
46

HR 3116 PP

1 pating cooperative engagement capability on E–2 aircraft

2 to be fielded concurrent with and no later than major com3 puter upgrades for the aircraftΩ97æ: Provided further,

4 That funds appropriated in this paragraph for develop5 ment of the L–X ship may not be obligated unless the

6 baseline design of the ship includes cooperative engage7 ment capability and sufficient own-ship self-defense capa8 bility against advanced sea-skimming antiship cruise mis9 siles in the baseline design to achieve an estimated prob10 ability of survival from attack by such missiles at a level

11 no less than any other Navy shipΩ98æ: Provided further,

12 That after January 1, 1994, funds appropriated in this

13 paragraph for the Naval Research Laboratory may not be

14 obligated unless the Navy’s Manufacturing Technology

15 Program Office has responsibilities and position equiva16 lent to the Science and Technology Directorates at the Of17 fice of Naval Research and is fully staffed to meet those

18 responsibilities.

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

20 AIR FORCE

21 For expenses necessary for basic and applied sci22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of fa24 cilities and equipment, as authorized by law;

25 Ω99æ$12,608,995,000 $11,847,970,000, to remain avail-
47

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1 able for obligation until September 30, 1995Ω100æ:–Pro2 vided, That not less than $21,000,000 of the funds appro3 priated in this paragraph shall be made available only for

4 the Joint Seismic Program and Global Seismic Network

5 administered by the Incorporated Research Institutions

6 for Seismology:–Provided further, That not less than

7 $60,000,000 of the funds appropriated in this paragraph

8 shall be made available only for the National Center for

9 Manufacturing Sciences (NCMS): Provided, That not less

10 than $74,000,000 of the funds appropriated in this para11 graph shall be made available only for development of the

12 Global Positioning System (GPS) Aided Relative Synthetic

13 Aperture Radar Targeting/GPS-Aided Munitions (GATS/

14 GAM) capability for the B–2 Advanced Technology Bomber:

15 Provided further, That of the funds appropriated in this

16 paragraph, not less than $15,000,000 of the funds in the

17 Advanced Weapons program element shall be made avail18 able only to continue the establishment and operation of

19 an image information processing center supporting the Air

20 Force Maui Space Surveillance Site (MSSS): Provided fur21 ther, That of the funds appropriated in this paragraph,

22 $2,000,000 shall be made available only for development

23 and testing of down-sized test equipment for the F–15.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 DEFENSE-WIDE

3 For expenses of activities and agencies of the Depart4 ment of Defense (other than the military departments),

5 necessary for basic and applied scientific research, devel6 opment, test and evaluation; advanced research projects

7 as may be designated and determined by the Secretary

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

9 lease, and operation of facilities and equipment, as author10 ized by law; Ω101æ$9,376,918,000 $8,296,588,000, to re11 main available for obligation until September 30,

12 1995Ω102æ:–Provided, That not less than $97,000,000 of

13 the funds appropriated in this paragraph are available

14 only for the Extended Range Interceptor (ERINT) mis15 sile: Provided further, That the Ballistic Missile Defense

16 Organization (BMDO) shall continue its current strategy

17 of flight testing, ground testing, simulations, and other

18 Government analyses of the Patriot Multimode Missile and

19 the Extended Range Interceptor for selection of the best

20 technology in terms of cost, schedule, risk, and perform21 ance to meet PAC–3 missile requirements for theater mis22 sile defense and that the Director, BMDO, will determine

23 when there is adequate information to proceed to selection

24 for engineering and manufacturing development: Provided

25 further, That none of the funds in this paragraph may be
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1 used to operate more than one external affairs office in

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

3 programsΩ103æ: –Provided further, That not less than

4 $15,000,000 of the funds appropriated in this paragraph

5 shall be made available as a grant awarded through com6 petitive procedures to a State supported historically black

7 college or university with a demonstrated expertise in

8 physics and materials science, a doubled enrollment over

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

10 Achievement Scholars over the last several years, for con11 struction to expand facilities for basic sciences and engi12 neering associated with research, development, and other

13 programs of major importance to the Department of De14 fense: Provided further, That not less than 25 percent of

15 the funds appropriated in this paragraph for the High

16 Performance Computing initiative may be obligated only

17 for research designed to develop improved performance

18 from high performance computing systems and technology

19 utilizing parallel vector processing architecture: Provided

20 further, That not less than $20,000,000 of the funds ap21 propriated in this paragraph shall be available only for an

22 Experimental Program to Stimulate Competitive Research

23 (EPSCOR) in the Department of Defense which shall in24 clude all States eligible as of the date of enactment of this

25 Act for the National Science Foundation Experimental
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1 Program to Stimulate Competitive Research: Provided fur2 ther, That none of the funds appropriated in this para3 graph for research, development, demonstration, or com4 mercialization of electric vehicles and the related infra5 structure; fuel cell research; natural gas research; or coal

6 research, authorized to be conducted by the Secretary of

7 Energy under statutes administered by such Secretary

8 shall be obligated by the Secretary of Defense except in

9 accordance with the applicable provisions of the Energy

10 Policy Act of 1992 and other relevant statutes and pursu11 ant to an agreement, made available to the applicable leg12 islative and appropriation Committees of Congress, be13 tween the Secretary of Defense and the Secretary of En14 ergy that provides for coordination of all such activities

15 with the relevant programs at the Department of Energy

16 administered under such Acts: Provided further, That of

17 the funds appropriated under this heading, not less than

18 $52,000,000 shall be made available only for the Com19 puter-aided Acquisition and Logistics Support (CALS)

20 Shared Resource Center (CSRC) program. Of that

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

22 only for the continued operation of the original CSRC by

23 the current nonprofit institution or its successor in inter24 est, as the Department’s tri-service CALS standards and

25 technologies development, deployment, training, and edu-
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1 cation hub for the CSRC program; the continued oper2 ation of the CSRC Regional Satellite (CRS); and the es3 tablishment and continued operation of additional CRSs

4 to be operated by educational or other nonprofit institu5 tions. In addition, $20,000,000 shall be made available

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

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

8 be expended to pay the salaries or expenses of the Depart9 ment’s CSRC Program Management Office unless such of10 fice is located within the Office of the Secretary of De11 fense: Provided further, That nothing shall prohibit use of

12 the CSRC or CRSs by industry, associations, other De13 partment of Defense services and agencies, and other gov14 ernment agencies for efforts to be separately negotiated

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

16 made available only for cell adhesion molecule research:

17 Provided, That of the funds appropriated in this para18 graph, not less than $5,000,000 of the funds in the High

19 Performance Computing Modernization program element

20 shall be made available only to upgrade the supercomputing

21 capability and capacity of the Maui High Performance

22 Computing CenterΩ104æ: Provided further, That of the

23 funds appropriated under this heading, $10,500,000 shall

24 be available only for the ARPA Nuclear Nonproliferation

25 Technology InitiativeΩ105æ: Provided further, That of the
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1 funds appropriated in this paragraph, $6,500,000 shall be

2 available for the establishment and operation of a Joint

3 Simulation Center for Warfighting Concepts and Doctrine

4 Development: Provided further, That of the funds appro5 priated in this paragraph, $5,000,000 shall be available for

6 the establishment of a Peace Enforcement Doctrine Develop7 ment CenterΩ106æ: Provided further, That of the funds ap8 propriated under this heading, $4,600,000 shall be made

9 available only for the design and demonstration of the Yan10 kee Methanol Plantship.

11 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

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

14 the direction and supervision of developmental test and

15 evaluation, including performance and joint developmental

16 testing and evaluation; and administrative expenses in

17 connection therewith; Ω107æ$232,592,000 $228,047,000,

18 to remain available for obligation until September 30,

19 1995.

20 OPERATIONAL TEST AND EVALUATION, DEFENSE

21 For expenses, not otherwise provided for, necessary

22 for the independent activities of the Director, Operational

23 Test and Evaluation in the direction and supervision of

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

2 testing and evaluation; and administrative expenses in

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

4 obligation until September 30, 1995.

5 TITLE V

6 REVOLVING AND MANAGEMENT FUNDS

7 DEFENSE BUSINESS OPERATIONS FUND

8 For the Defense Business Operations Fund;

9 Ω108æ$1,091,100,000 $1,161,095,000Ω109æ:–Provided,

10 That none of the funds available in the Defense Business

11 Operations Fund shall be used for any hardware procure12 ment, new development, or expansion of the Defense Busi13 ness Management System; except that funds may be used

14 to continue minimal maintenance efforts of the Defense

15 Business Management System for the Defense Logistics

16 Agency to continue daily operations.

17 NATIONAL DEFENSE Ω110æSEALIFT STRATEGIC LIFT

18 FUND

19 Ω111æ(INCLUDING TRANSFER OF FUNDS)

20 For National Defense Ω112æSEALIFT Strategic Lift

21 Fund programs, projects, and activities,

22 Ω113æ$490,800,000 $2,669,100,000, to remain available

23 until expendedΩ114æ:–Provided, That up to $200,000,000

24 shall be available for transfer to the Secretary of Trans25 portation for costs (as defined in section 502 of the Fed-
54

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1 eral Credit Reform Act of 1990) of loan guarantee com2 mitments under title XII of the Merchant Marine Act,

3 1936, as amended by H.R. 2401, the National Defense

4 Authorization Act for Fiscal Year 1994: Provided further,

5 That any facilities financed by the foregoing loan guaran6 tee commitments must make use of new technologies and

7 processes which have been demonstrated by Department

8 of Defense organizations prior to construction of facilities:

9 Provided further, That all loan guarantees or loan guaran10 tee commitments made by the Secretary of Transportation

11 shall occur only after consultation with the Secretary of

12 Defense: Provided further, That notwithstanding any other

13 provision of law, the Secretary of Transportation shall give

14 priority to providing loan guarantees to businesses located

15 in enterprise zones and investing private funds in develop16 ing integrated design and manufacturing facilities tech17 nologies: Provided further, That notwithstanding any other

18 provision of law, all loan guarantees or loan guarantee

19 commitments for ship construction shall be made without

20 regard to gross ton weight.

21 TITLE VI

22 OTHER DEPARTMENT OF DEFENSE PROGRAMS

23 DEFENSE HEALTH PROGRAM

24 For expenses, not otherwise provided for, for medical

25 and health care programs of the Department of Defense,
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1 as authorized by law; Ω115æ$9,644,447,000

2 $9,576,209,000, of which Ω116æ$9,368,185,000

3 $9,303,447,000 shall be for Operation and maintenance, of

4 which Ω117æ$276,262,000 $272,762,000, to remain avail5 able for obligation until September 30, 1996, shall be for

6 Procurement: Provided, That the Department shall com7 petitively contract during fiscal year 1994 for mail service

8 pharmacy for at least two multi-state regions in addition

9 to the ongoing solicitations for Florida, South Carolina,

10 Georgia, Delaware, New Jersey, Pennsylvania, and Ha11 waii, as well as each base closure area not supported by

12 an at-risk managed care plan; that such services shall be

13 procured independent of any other Department managed

14 care contracts; that one multi-state region shall include

15 the State of Kentucky Ω118æand that one multi-state re16 gion shall include the State of New MexicoΩ119æ:–Provided

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

18 funds as necessary shall be used for the continuation of

19 the cooperative program model being established at Mad20 igan Medical Center for severely behavior disordered stu21 dents:–Provided further, That of the funds appropriated

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

23 expended until authorized by law: Provided further, That

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

25 $1,410,000 shall be made available only for annual incen-
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1 tive pay bonuses for certified nurse anesthetists: Provided

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

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

4 nursing research programs: Provided further, That of the

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

6 made available for the National Museum of Health and

7 Medicine.

8 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

9 DEFENSE

10 For expenses, not otherwise provided for, necessary

11 for the destruction of the United States stockpile of lethal

12 chemical agents and munitions in accordance with the pro13 visions of section 1412 of the Department of Defense Au14 thorization Act, 1986, (50 U.S.C. 1521) and for the de15 struction of other chemical warfare materials that are not

16 in the chemical weapon stockpile, Ω120æ$397,561,000

17 $395,847,000, of which Ω121æ$292,061,000 $278,361,000

18 shall be for Operation and maintenance,

19 Ω122æ$74,800,000 $65,886,000, shall be for Procurement,

20 to remain available until September 30, 1996, Ω123æshall

21 be for Procurement, and Ω124æ$30,700,000 $51,600,000,

22 shall be for Research, development, test and evaluation, to

23 remain available until September 30, 1995Ω125æ,–shall be

24 for Research, development, test and evaluationΩ126æ: Pro25 vided, That of the funds appropriated in this paragraph,
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1 $30,700,000 shall not be obligated or expended until au2 thorized by law.

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of

7 the Department of Defense, for transfer to appropriations

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

13 Ω127æ$757,785,000 $1,080,656,000: Provided, That the

14 funds appropriated by this paragraph shall be available

15 for obligation for the same time period and for the same

16 purpose as the appropriation to which transferred: Pro17 vided further, That the transfer authority provided in this

18 paragraph is in addition to any transfer authority con19 tained elsewhere in this ActΩ128æ:–Provided further, That

20 of the funds appropriated in this paragraph, not less than

21 $5,900,000 shall be available only for the Gulf States

22 Counter-Narcotics Initiative.

23 OFFICE OF THE INSPECTOR GENERAL

24 For expenses and activities of the Office of the

25 Inspector General in carrying out the provisions of the
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1 Inspector General Act of 1978, as amended;

2 Ω129æ$169,801,000 $127,601,000, of which

3 Ω130æ$169,001,000 $126,801,000 shall be for Operation

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

5 available for emergencies and extraordinary expenses to

6 be expended on the approval or authority of the Inspector

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

8 necessity for confidential military purposes; and of which

9 $800,000, to remain available until September 30, 1996,

10 shall be for Procurement.

11 TITLE VII

12 RELATED AGENCIES

13 Ω131æNATIONAL FOREIGN INTELLIGENCE

14 PROGRAM

15 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

16 DISABILITY SYSTEM FUND

17 For payment to the Central Intelligence Agency Re18 tirement and Disability System Fund, to maintain proper

19 funding level for continuing the operation of the Central

20 Intelligence Agency Retirement and Disability System;

21 $182,300,000.

22 NATIONAL SECURITY EDUCATION TRUST FUND

23 Ω132æ(RESCISSION)

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

25 for the National Security Education Act under the head-
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1 ing ‘‘National Security Education Trust Fund’’,

2 $10,000,000 is hereby rescinded.

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

4 for the National Security Education Trust Fund,

5 $140,000,000 and interest earned and accrued thereon is

6 hereby rescinded.

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

8 $24,000,000 to be derived from the National Security Edu9 cation Trust Fund, to remain available until expended.

10 COMMUNITY MANAGEMENT STAFF

11 For necessary expenses of the Community Manage12 ment Staff; Ω133æ$114,688,000 $115,788,000.

13 TITLE VIII

14 GENERAL PROVISIONS

15 SEC. 8001. No part of any appropriation contained

16 in this Act shall be used for publicity or propaganda pur17 poses not authorized by the Congress.

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

19 of law prohibiting the payment of compensation to, or em20 ployment of, any person not a citizen of the United States

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

22 Provided, That salary increases granted to direct and indi23 rect hire foreign national employees of the Department of

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

25 of the percentage increase authorized by law for civilian
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1 employees of the Department of Defense whose pay is

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

3 United States Code, or at a rate in excess of the percent4 age increase provided by the appropriate host nation to

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

6 That this section shall not apply to Department of De7 fense foreign service national employees serving at United

8 States diplomatic missions whose pay is set by the Depart9 ment of State under the Foreign Service Act of 1980

10 Ω134æ: Provided further, That the limitations of this provi11 sion shall not apply to foreign national employees of the

12 Department of Defense in the Republic of Turkey.

13 SEC. 8003. No part of any appropriation contained

14 in this Act shall remain available for obligation beyond

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

16 SEC. 8004. No more than 20 per centum of the ap17 propriations in this Act which are limited for obligation

18 during the current fiscal year shall be obligated during

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

20 section shall not apply to obligations for support of active

21 duty training of reserve components or summer camp

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

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

24 SEC. 8005. Section 9005 of the Department of De25 fense Appropriations Act, 1993 (Public Law 102–396) is
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1 amended by striking out ‘‘contained in this Act’’ and in2 serting ‘‘or any other funds available to the Department

3 of Defense’’ in lieu thereof.

4 Ω135æSEC. 8005A. Title IV of the Department of De5 fense Appropriations Act, 1993 (Public Law 102–396;

6 106 Stat. 1890) is amended in the 9th proviso under the

7 heading ‘‘Research, Development, Test and Evaluation,

8 Army’’ by striking ‘‘six months’’ and inserting ‘‘18

9 months’’.

10 (TRANSFER OF FUNDS)

11 SEC. 8006. Upon determination by the Secretary of

12 Defense that such action is necessary in the national inter13 est, he may, with the approval of the Office of Manage14 ment and Budget, transfer not to exceed

15 Ω136æ$2,000,000,000 $1,500,000,000 of working capital

16 funds of the Department of Defense or funds made avail17 able in this Act to the Department of Defense for military

18 functions (except military construction) between such ap19 propriations or funds or any subdivision thereof, to be

20 merged with and to be available for the same purposes,

21 and for the same time period, as the appropriation or fund

22 to which transferred: Provided, That such authority to

23 transfer may not be used unless for higher priority items,

24 based on unforeseen military requirements, than those for

25 which originally appropriated and in no case where the
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1 item for which funds are requested has been denied by

2 Congress: Provided further, That the Secretary of Defense

3 shall notify the Congress promptly of all transfers made

4 pursuant to this authority or any other authority in this

5 Act.

6 (TRANSFER OF FUNDS)

7 SEC. 8007. During the current fiscal year, cash bal8 ances in working capital funds of the Department of De9 fense established pursuant to section 2208 of title 10,

10 United States Code, may be maintained in only such

11 amounts as are necessary at any time for cash disburse12 ments to be made from such funds: Provided, That trans13 fers may be made between such funds and the ‘‘Foreign

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

15 Maintenance’’ appropriation accounts in such amounts as

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

17 approval of the Office of Management and Budget, except

18 that such transfers may not be made unless the Secretary

19 of Defense has notified the Congress of the proposed

20 transfer. Except in amounts equal to the amounts appro21 priated to working capital funds in this Act, no obligations

22 may be made against a working capital fund to procure

23 or increase the value of war reserve material inventory,

24 unless the Secretary of Defense has notified the Congress

25 prior to any such obligation.
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1 SEC. 8008. Using funds available by this Act or any

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

3 determination under section 2690 of title 10, United

4 States Code, may implement cost-effective agreements for

5 required heating facility modernization in the

6 Kaiserslautern Military Community in the Federal Repub7 lic of Germany: Provided, That in the City of

8 Kaiserslautern such agreements will include the use of

9 United States anthracite as the base load energy for mu10 nicipal district heat to the United States Defense installa11 tions: Provided further, That at Landstuhl Army Regional

12 Medical Center and Ramstein Air Base, furnished heat

13 may be obtained from private, regional or municipal serv14 ices, if provisions are included for the consideration of

15 United States coal as an energy source.

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

17 be used to initiate a special access program without prior

18 notification 30 calendar days in session in advance to the

19 Committees on Appropriations and Armed Services of the

20 Senate and House of Representatives.

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

22 available for the Civilian Health and Medical Program of

23 the Uniformed Services shall be available for payments to

24 physicians and other authorized individual health care pro25 viders in excess of the amounts allowed in fiscal year 1993
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1 for similar services, except that: (a) for services for which

2 the Secretary of Defense determines an increase is justi3 fied by economic circumstances, the allowable amounts

4 may be increased in accordance with appropriate economic

5 index data similar to that used pursuant to title XVIII

6 of the Social Security Act; and (b) for services the Sec7 retary determines are overpriced based on allowable pay8 ments under title XVIII of the Social Security Act, the

9 allowable amounts shall be reduced by not more than 15

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

11 Secretary determines that it would impair adequate access

12 to health care services for beneficiaries). The Secretary

13 shall solicit public comment prior to promulgating regula14 tions to implement this section. Such regulations shall in15 clude a limitation, similar to that used under title XVIII

16 of the Social Security Act, on the extent to which a pro17 vider may bill a beneficiary an actual charge in excess of

18 the allowable amount.

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

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

21 employs economic order quantity procurement in excess of

22 $20,000,000 in any one year of the contract or that in23 cludes an unfunded contingent liability in excess of

24 $20,000,000, or (2) a contract for advance procurement

25 leading to a multiyear contract that employs economic
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1 order quantity procurement in excess of $20,000,000 in

2 any one year, unless the Committees on Appropriations

3 and Armed Services of the Senate and House of Rep4 resentatives have been notified at least thirty days in ad5 vance of the proposed contract award: Provided, That no

6 part of any appropriation contained in this Act shall be

7 available to initiate a multiyear contract for which the eco8 nomic order quantity advance procurement is not funded

9 at least to the limits of the Government’s liability: Pro10 vided further, That no part of any appropriation contained

11 in this Act shall be available to initiate multiyear procure12 ment contracts for any systems or component thereof if

13 the value of the multiyear contract would exceed

14 $500,000,000 unless specifically provided in this Act: Pro15 vided further, That no multiyear procurement contract can

16 be terminated without 10-day prior notification to the

17 Committees on Appropriations and Armed Services of the

18 House of Representatives and the Senate: Provided fur19 ther, That the execution of multiyear authority shall re20 quire the use of a present value analysis to determine low21 est cost compared to an annual procurement.

22 Ω137æSEC. 8012. (a) None of the funds appropriated

23 by this Act shall be available to convert a position in sup24 port of the Army Reserve, Air Force Reserve, Army Na25 tional Guard, and Air National Guard occupied by, or pro-
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1 grammed to be occupied by, a (civilian) military technician

2 to a position to be held by a person in an active duty sta3 tus or active Guard or Reserve status if that conversion

4 would reduce the total number of positions occupied by,

5 or programmed to be occupied by, (civilian) military tech6 nicians of the component concerned, below 69,061: Pro7 vided, That none of the funds appropriated by this Act

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

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

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

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

12 Provided further, That none of the funds appropriated by

13 this Act may be used to include (civilian) military techni14 cians in computing civilian personnel ceilings, including

15 statutory or administratively imposed ceilings, on activi16 ties in support of the Army Reserve, Air Force Reserve,

17 Army National Guard, or Air National Guard.

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

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

20 administratively imposed freeze on civilian positions.

21 SEC. 8012. Within the funds appropriated for the oper22 ation and maintenance of the Armed Forces, funds are here23 by appropriated pursuant to section 401 of title 10, United

24 States Code, for humanitarian and civic assistance costs

25 under chapter 20 of title 10, United States Code. Such funds
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1 may also be obligated for humanitarian and civic assist2 ance costs incidental to authorized operations and pursuant

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

4 10, United States Code, and these obligations shall be re5 ported to Congress on September 30 of each year: Provided,

6 That funds available for operation and maintenance shall

7 be available for providing humanitarian and similar assist8 ance by using Civic Action Teams in the Trust Territories

9 of the Pacific Islands and freely associated states of Micro10 nesia, pursuant to the Compact of Free Association as au11 thorized by Public Law 99–239: Provided further, That

12 upon a determination by the Secretary of the Army that

13 such action is beneficial for graduate medical education

14 programs conducted at Army medical facilities located in

15 Hawaii, the Secretary of the Army may authorize the pro16 vision of medical services at such facilities and transpor17 tation to such facilities, on a nonreimbursable basis, for ci18 vilian patients from American Samoa, the Commonwealth

19 of the Northern Mariana Islands, the Marshall Islands, the

20 Federated States of Micronesia, Palau, and Guam.

21 SEC. 8013. Notwithstanding any other provision of

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

23 and local governments for the purposes of disposition of

24 real property recommended for closure in the report of the

25 Defense Secretary’s Commission on Base Realignments
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1 and Closures, December 1988, the report to the President

2 from the Defense Base Closure and Realignment Commis3 sion, July 1991, and Public Law 100–526.

4 Ω138æSec. 8014. (a) The provisions of section

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

6 with respect to fiscal year 1994 or with respect to the ap7 propriation of funds for that year.

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

9 the Department of Defense may not be managed on the

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

11 personnel during that fiscal year shall not be subject to

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

13 on the number of such personnel who may be employed

14 on the last day of such fiscal year.

15 (c) The fiscal year 1995 budget request for the De16 partment of Defense as well as all justification material

17 and other documentation supporting the fiscal year 1995

18 Department of Defense budget request shall be prepared

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

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

21 year 1995.

22 SEC. 8014. Notwithstanding any other provision of

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

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

25 fifty United States, its territories, and the District of Co-
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1 lumbia, 131,250 civilian workyears: Provided, That

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

4 dependent student hiring programs for disadvantaged

5 youths shall not be included in this workyear limitation.

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

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

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

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

12 is initially employed after the date of enactment of this

13 Act as a technician in the administration and training of

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

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

18 technicians employed by the Army Reserve in areas other

19 than Army Reserve troop program units need only be

20 members of the Selected Reserve.

21 SEC. 8017. None of the funds available to the De22 partment of Defense may be used for the floating storage

23 of petroleum or petroleum products except in vessels of

24 or belonging to the United States.
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1 SEC. 8018. Notwithstanding any other provision of

2 law, the Secretaries of the Army and Air Force may au3 thorize the retention in an active status until age sixty

4 of any officer who would otherwise be removed from an

5 active status and who is employed as a National Guard

6 or Reserve technician in a position in which active status

7 in a reserve component of the Army or Air Force is re8 quired as a condition of that employment.

9 SEC. 8019. Notwithstanding any other provision of

10 law, proceeds from the investment of the Fisher House

11 Investment Trust Fund will be used to support the oper12 ation and maintenance of Fisher Houses associated with

13 Army medical treatment facilities.

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

15 this Act shall be used to make contributions to the Depart16 ment of Defense Education Benefits Fund pursuant to

17 section 2006(g) of title 10, United States Code, represent18 ing the normal cost for future benefits under section

19 1415(c) of title 38, United States Code, for any member

20 of the armed services who, on or after the date of enact21 ment of this Act—

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

23 active duty of less than three years; or

24 (2) receives an enlistment bonus under section

25 308a or 308f of title 37, United States Code,
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1 nor shall any amounts representing the normal cost of

2 such future benefits be transferred from the Fund by the

3 Secretary of the Treasury to the Secretary of Veterans

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

5 States Code; nor shall the Secretary of Veterans Affairs

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

7 in the case of a member covered by clause (1), these limi8 tations shall not apply to members in combat arms skills

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

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

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

12 the cost-effective use of special recruiting incentives in13 volving not more than nineteen noncombat arms skills ap14 proved in advance by the Secretary of Defense: Provided

15 further, That this subsection applies only to active compo16 nents of the Army.

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

18 be available for the basic pay and allowances of any mem19 ber of the Army participating as a full-time student and

20 receiving benefits paid by the Secretary of Veterans Af21 fairs from the Department of Defense Education Benefits

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

23 toward completion of a service commitment: Provided,

24 That this subsection shall not apply to those members who

25 have reenlisted with this option prior to October 1, 1987:
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1 Provided further, That this subsection applies only to ac2 tive components of the Army.

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

4 available for the payment of not more than 75 percent

5 of the charges of a postsecondary educational institution

6 for the tuition or expenses of an officer in the Ready Re7 serve of the Army National Guard or Army Reserve for

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

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

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

11 least four years after completion of such training or edu12 cation.

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

14 Act shall be available to convert to contractor performance

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

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

17 by more than ten Department of Defense civilian employ18 ees until a most efficient and cost-effective organization

19 analysis is completed on such activity or function and cer20 tification of the analysis is made to the Committees on

21 Appropriations of the House of Representatives and the

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

23 commercial or industrial type function of the Department

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

25 established pursuant to section 2 of the Act of June 25,
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1 1938 (41 U.S.C. 47), popularly referred to as the Javits2 Wagner-O’Day Act; (2) is planned to be converted to per3 formance by a qualified nonprofit agency for the blind or

4 by a qualified nonprofit agency for other severely handi5 capped individuals in accordance with that Act; or (3) is

6 planned to be converted to performance by a qualified firm

7 under 51 percent Native American ownership.

8 Ω139æSEC. 8023. None of the funds appropriated or

9 made available by this Act may be obligated for acquisition

10 of major automated information systems which have not

11 successfully completed oversight reviews required by De12 fense Department regulations: Provided, That the auto13 mated information systems oversight review board will be

14 independent of any other Department review function and

15 chaired by the Assistant Secretary of Defense (Command,

16 Control, Communications and Intelligence): Provided fur17 ther, That except for those programs to modernize and de18 velop migration and standard automated information sys19 tems that have been certified by the Department’s senior

20 information resource management (IRM) official as being

21 fully compliant with the Department’s information man22 agement initiative as defined in Defense Department Di23 rective 8000.1, no funds may be expended for moderniza24 tion or development of any automated information system

25 (AIS) by the military departments, services, defense agen-
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1 cies, Joint Staff or Military Commands in excess of

2 $1,000,000 unless the senior official of the Office of the

3 Secretary of Defense with primary responsibility for the

4 functions being supported or to be supported certifies to

5 the Assistant Secretary of Defense for Command, Control,

6 Communications and Intelligence that the functional

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

8 or development has no unnecessary duplication of other

9 available or planned AISs: Provided further, That the De10 partment shall develop the capability for open systems in11 tegration of commercial-off-the-shelf (COTS) applications

12 within the Composite Health Care System (CHCS): Pro13 vided further, That the Department shall limit deployment

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

15 and processing centers, and shall procure, install, and in16 tegrate by April 1, 1994, at two or more CHCS sites an

17 open system compliant COTS hospital-based blood bank/

18 transfusion application, with security access by application

19 function and developed in the same application language

20 as CHCS: Provided further, That the Department shall

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

22 April 1, 1994, an open system integrated anatomic pathol23 ogy COTS application with security access by application

24 function and developed with the same software application

25 language as CHCS: Provided further, That notwithstand-
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1 ing any other provision of law, the one time investment

2 cost, including the procurement or lease of new or

3 reutilized automatic data processing investment equip4 ment, peripheral equipment and related software, for the

5 July 16, 1993 DOD Data Center Consolidation Plan shall

6 not exceed $309,000,000.

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

8 available by this Act may be obligated for acquisition of

9 major automated information systems which have not suc10 cessfully completed oversight reviews required by Defense

11 Department regulations: Provided, That none of the funds

12 appropriated or made available by this Act may be obli13 gated on Composite Health Care System acquisition con14 tracts if such contracts would cause the total life cycle cost

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

16 constant dollars to be exceeded.

17 SEC. 8024. Notwithstanding any other provision of

18 law, the Secretary of the Navy may use funds appro19 priated to charter ships to be used as auxiliary mine20 sweepers providing that the owner agrees that these ships

21 may be activated as Navy Reserve ships with Navy Re22 serve crews used in training exercises conducted in accord23 ance with law and policies governing Naval Reserve forces:

24 Provided, That none of the funds appropriated or made

25 available in this Act may be used to inactivate, disestab-
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1 lish, or discontinue the Navy’s Craft of Opportunity Pro2 gram.

3 Ω140æSEC. 8025. Notwithstanding any other provi4 sion of law, the Department shall competitively award con5 tracts in fiscal year 1994 for at least four new region6 wide, at-risk, fixed price managed care support contracts

7 consistent with the following requirements: (1) each con8 tract or acquisition shall reflect the major features of the

9 CHAMPUS Reform Initiative and include provision for

10 the commanders of major military medical centers to par11 ticipate as the regional lead agents; (2) each such contract

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

13 similar contract or acquisition shall cover the State of

14 Florida (which may include Department of Veterans Af15 fairs’ medical facilities with the concurrence of the Sec16 retary of Veterans Affairs); (4) one similar contract shall

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

18 other such contract or acquisition shall include at least

19 one complete State; (6) the managed care support con20 tracts for California and Hawaii, Florida, Washington and

21 Oregon shall not be counted for purposes of the required

22 four new contracts of acquisitions; and (7) the Depart23 ment shall modify a currently operating CHAMPUS serv24 ice contract to include an at-risk managed health care pro25 vision, to provide services not later than 90 days after en-
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1 actment of this Act, in the area of Homestead Air Force

2 Base, to include the Homestead and South Miami Hos3 pitals as institutional providers, with a benefit structure

4 substantially identical to that established in fiscal year

5 1993 for the Carswell, Bergstrom and England Air Force

6 Bases (including a retail pharmacy network available to

7 Medicare-eligible beneficiaries), said provision to remain

8 effective as an interim measure until implementation of

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

10 this section: Provided further, That none of the funds ap11 propriated, or otherwise made available to the Department

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

13 be used to implement or administer any changes to the

14 operating CHAMPUS Reform Initiative-like contracts un15 less the scope of benefits and program management struc16 ture are consistent with the basic CHAMPUS Reform Ini17 tiative design in operation on January 1, 1993: Provided

18 further, That any law or regulation of a State or local gov19 ernment relating to health insurance, prepaid health

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

21 financing methods shall be preempted and shall not apply

22 to any contract entered into pursuant to chapter 55 of

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

24 requirements for the certification of cost effectiveness, ac25 cess and quality of any managed health care programs will
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1 be construed to require that the certification compare on

2 a national basis the program to be certified with the stand3 ard CHAMPUS program as determined by the application

4 of sound actuarial principles: Provided further, That the

5 Department shall competitively award at least two con6 tracts in fiscal year 1994 for stand-alone, at-risk managed

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

8 consistent with the management and service delivery fea9 tures in operation in the Contracted Provider Arrange10 ment (CPA) Tidewater Demonstration.

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

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

13 price managed care contracts possessing features similar to

14 those of the CHAMPUS Reform Initiative until such time

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

16 to implement a nation-wide managed health care program

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

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

19 stabilized benefit structure characterized by a triple option

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

21 management system; (3) cost minimization incentives in22 cluding ‘‘gatekeeping’’ and annual enrollment procedures,

23 capitation budgeting, and at-risk provider contracts; and

24 (4) full and open competition for all managed care support

25 contracts: Provided further, That the implementation of the
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1 nation-wide managed care military health services system

2 shall be completed by September 30, 1996.

3 SEC. 8026. Funds appropriated or made available in

4 this Act shall be obligated and expended to continue to

5 fully utilize the facilities at the United States Army Engi6 neer’s Waterways Experiment Station, including the con7 tinued availability of the supercomputer capability: Pro8 vided, That none of the funds in this Act may be used

9 to purchase any supercomputer which is not manufactured

10 in the United States, unless the Secretary of Defense cer11 tifies to the Armed Services and Appropriations Commit12 tees of Congress that such an acquisition must be made

13 in order to acquire capability for national security pur14 poses that is not available from United States manufactur15 ers.

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

17 and Emergency Deficit Control Act of 1985 (Public Law

18 99–177) as amended by the Balanced Budget and Emer19 gency Deficit Control Reaffirmation Act of 1987 (Public

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

21 1990 (Public Law 101–508), the term program, project,

22 and activity for appropriations contained in this Act shall

23 be defined as the most specific level of budget items identi24 fied in the Department of Defense Appropriations Act,

25 1994, the accompanying House and Senate Committee re-
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1 ports, the conference report and accompanying joint ex2 planatory statement of the managers of the Committee of

3 Conference, the related classified annexes and reports, and

4 the P–1 and R–1 budget justification documents as subse5 quently modified by Congressional action: Provided, That

6 the following exception to the above definition shall apply:

7 For the Military Personnel and the Operation and

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

9 activity’’ is defined as the appropriations accounts con10 tained in the Department of Defense Appropriations Act:

11 Provided further, That at the time the President submits

12 his budget for fiscal year 1995, the Department of De13 fense shall transmit to the Committees on Appropriations

14 and the Committees on Armed Services of the Senate and

15 the House of Representatives a budget justification docu16 ment to be known as the ‘‘O–1’’ which shall identify, at

17 the budget activity, activity group, and subactivity group

18 level, the amounts requested by the President to be appro19 priated to the Department of Defense for operation and

20 maintenance in any budget request, or amended budget

21 request, for fiscal year 1995.

22 Ω141æSEC. 8028. Of the funds appropriated to the

23 Army, $217,600,000 shall be available only for the Re24 serve Component Automation System (RCAS): Provided,

25 That none of these funds can be expended—
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1 (1) except as approved by the Chief of the Na2 tional Guard Bureau;

3 (2) unless RCAS resource management func4 tions are performed by the National Guard Bureau;

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

6 manager who has not been selected and approved by

7 the Chief of the National Guard Bureau and char8 tered by the Chief of the National Guard Bureau

9 and the Secretary of the Army;

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

11 makes the PM accountable to the Chief of the Na12 tional Guard Bureau and fully defines his authority,

13 responsibility, reporting channels and organizational

14 structure;

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

16 the RCAS program management office unless such

17 organization is comprised of personnel chosen jointly

18 by the Chiefs of the National Guard Bureau and the

19 Army Reserve;

20 (6) to pay contracted costs for the acquisition

21 of RCAS unless RCAS is an integrated system con22 sisting of software, hardware, and communications

23 equipment and unless such contract continues to

24 preclude the use of Government furnished equip-
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1 ment, operating systems, and executive and applica2 tions software; and

3 (7) unless RCAS performs its own classified in4 formation processing: Provided further, That not5 withstanding any other provision of law, none of the

6 funds appropriated shall be available for procure7 ment of computers for the Army Reserve Component

8 which are used to network or expand the capabilities

9 of existing or future information systems or dupli10 cate functions to be provided under the RCAS con11 tract unless the procurement meets the following cri12 teria: (A) only RCAS automated data processing

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

14 numbers and types allocated by the RCAS program

15 to each site; (B) the requesting organizational ele16 ment has no computer for stand-alone office auto17 mation usage; (C) replacement equipment will not

18 exceed the minimum required to maintain the reli19 ability of existing capabilities; (D) replacements will

20 be justified solely on the cost and feasibility of re21 pairs and maintenance of present ADP equipment as

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

23 procurement is recommended by both the Chief of

24 the respective Reserve Component and the Chief of

25 the National Guard Bureau, and approved by the
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1 Functional Proponent in the Department of De2 fense.

3 SEC. 8028. None of the funds appropriated or other4 wise made available by this Act may be obligated or ex5 pended for development or procurement of any automated

6 Computer Aided Logistics system unless specific approval

7 for such system is provided in writing to the Committees

8 on Appropriations and Armed Services of the House and

9 Senate by the Deputy Under Secretary of Defense (Logis10 tics) at least 30 days prior to any contract solicitation.

11 Ω142æSEC. 8029. None of the funds in this Act may

12 be available for the purchase by the Department of De13 fense (and its departments and agencies) of welded ship14 board anchor and mooring chain 4 inches in diameter and

15 under unless the anchor and mooring chain are manufac16 tured in the United States from components which are

17 substantially manufactured in the United States: Pro18 vided, That for the purpose of this section manufactured

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

20 of chain and welding (including the forging and shot blast21 ing process): Provided further, That for the purpose of this

22 section substantially all of the components of anchor and

23 mooring chain shall be considered to be produced or manu24 factured in the United States if the aggregate cost of the

25 components produced or manufactured in the United
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1 States exceeds the aggregate cost of the components pro2 duced or manufactured outside the United States: Pro3 vided further, That when adequate domestic supplies are

4 not available to meet Department of Defense requirements

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

6 for the procurement may waive this restriction on a case7 by-case basis by certifying in writing to the Committees

8 on Appropriations that such an acquisition must be made

9 in order to acquire capability for national security pur10 poses.

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 Ω143æ(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
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1 purpose of providing military technician and Department

2 of Defense medical personnel pay and medical programs

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

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

6 amended by the Balanced Budget and Emergency Deficit

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

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

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

11 use of the authority provided by this provision shall be

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

14 amounts sequestered under the Balanced Budget and

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

16 177) as amended by the Balanced Budget and Emergency

17 Deficit Control Reaffirmation Act of 1987 (Public Law

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

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

23 Defense may proceed with such transfer after notifying

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

2 provision.

3 SEC. 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 Ω144æSEC. 8035. None of the funds available in this

24 Act to the Department of Defense or Navy shall be obli25 gated or expended for (or to implement) automatic data
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1 processing, data processing center, central design activity,

2 DMRD 918, defense information infrastructure, military

3 or civilian personnel and finance and accounting function

4 consolidation plans, consolidations, and disestablishment

5 or realignment plans that impact, in terms of reductions

6 in 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 Ω145æSEC. 8035. Such sums as may be necessary for

18 fiscal year 1994 pay raises for programs funded by this

19 Act shall be derived from funds within the amounts appro20 priated in 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 Ω146æthe Letterman Army Institute of Re6 search any Army Research Laboratory until the Secretary

7 of the Army certifies that the synthetic compound to be

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

9 result in a significant medical finding, the research has

10 military application, the research will be conducted in ac11 cordance with the standards set by an animal care and

12 use committee, and the research does not duplicate re13 search already conducted by a manufacturer or any other

14 research organization.

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 Ω147æSEC. 8046. No more than $50,000 of the funds

5 appropriated or made available in this Act shall be used

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

7 or function of the Department of Defense into or within

8 the National Capital Region: Provided, That the Secretary

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

10 basis by certifying in writing to the Committees on Appro11 priations 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 Ω148æSEC. 8051. During the current fiscal year,

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

13 to reduce the military or civilian medical and medical sup14 port personnel end strength as of September 30, 1993,

15 as defined by section 711(c) of Public Law 101–510: Pro16 vided, That none of the funds appropriated in this Act

17 may be used to reduce the military or civilian medical and

18 medical support personnel end strength at a base under19 going a partial closure or realignment, where more than

20 one joint command is located, below the September 30,

21 1991 level.

22 SEC. 8051. Notwithstanding any other provision of

23 law, a qualified Indian Tribal or Alaska Native Corpora24 tion which enters into a joint venture with a qualified small

25 business concern shall not be denied the opportunity to com-
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1 pete for and be awarded a procurement contract to supply

2 a product under the program provided for by section 2323

3 of title 10, United States Code, solely because the Indian

4 Tribal or Alaska Native Corporation is not the actual man5 ufacturer or processor of the product to be supplied.

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

7 not less than Ω149æ$11,679,000 $10,596,000 shall be

8 available for the Civil Air Patrol, of which

9 Ω150æ$4,642,000 $4,471,000 shall be available for

10 Operation and Maintenance.

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

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

13 the operation of the 815th Weather Squadron of the Air

14 Force Reserve, if such action would reduce the WC–130

15 Weather Reconnaissance mission below the levels funded

16 in this Act.

17 SEC. 8054. During the current fiscal year, with18 drawal credits may be made by the Defense Business Op19 erations Fund to the credit of current applicable appro20 priations of an activity of the Department of Defense in

21 connection with the acquisition by that activity of supplies

22 that are repairable components which are repairable at a

23 repair depot and that are capitalized into the Defense

24 Business Operations Fund as the result of management

25 changes concerning depot level repairable assets charged
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1 to an activity of the Department of Defense which is a

2 customer of the Defense Business Operations Fund that

3 became effective on April 1, 1992.

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

5 supplies or services appropriated by this Act, qualified

6 nonprofit agencies for the blind or other severely handi7 capped shall be afforded the maximum practicable oppor8 tunity to participate as subcontractors and suppliers in the

9 performance of contracts let by the Department of De10 fense.

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

12 which has negotiated with a military service or defense

13 agency a subcontracting plan for the participation by

14 small business concerns pursuant to section 8(d) of the

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

16 credit toward meeting that subcontracting goal for any

17 purchases made from qualified nonprofit agencies for the

18 blind or other severely handicapped.

19 (c) For the purpose of this section, the phrase ‘‘quali20 fied nonprofit agency for the blind or other severely handi21 capped’’ means a nonprofit agency for the blind or other

22 severely handicapped that has been approved by the Com23 mittee for the Purchase from the Blind and Other Severely

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

25 U.S.C. 46–48).
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1 Ω151æSEC. 8056. During the current fiscal year and

2 thereafter, there is established, under the direction and

3 control of the Attorney General, the National Drug Intel4 ligence Center, whose mission it shall be to coordinate and

5 consolidate drug intelligence from all national security and

6 law enforcement agencies, and produce information re7 garding the structure, membership, finances, communica8 tions, and activities of drug trafficking organizations: Pro9 vided, That funding for the operation of the National

10 Drug Intelligence Center, including personnel costs associ11 ated therewith, shall be provided from the funds appro12 priated to the Department of Defense.

13 SEC. 8056. Notwithstanding any other provision of

14 law, in addition to the funds made available elsewhere in

15 this Act to the Department of the Navy, $60,000,000 to re16 main available until expended, shall be made available only

17 for obligations incurred in the conveyance, clean-up, and

18 restoration of Kaho’olawe Island.

19 SEC. 8057. During the current fiscal year and there20 after, the Navy may provide notice to exercise options

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

22 accordance with the terms of the Aide Memoire, dated

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

24 April 30, 1986, and as implemented in the LEASAT con25 tract.
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1 SEC. 8058. During the current fiscal year, net re2 ceipts pursuant to collections from third party payers pur3 suant to section 1095 of title 10, United States Code, shall

4 be made available to the local facility of the uniformed

5 services responsible for the collections and shall be over

6 and above the facility’s direct budget amount.

7 Ω152æSEC. 8059. None of the funds in this Act shall

8 be obligated for the procurement of Multibeam Sonar

9 Mapping Systems, and supporting software, not engi10 neered and manufactured in the United States: Provided,

11 That the Secretary of the military department responsible

12 for such procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees

14 on Appropriations of the House of Representatives and the

15 Senate that adequate domestic supplies are not available

16 to meet Department of Defense requirements on a timely

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

18 to acquire capability for national security purposes.

19 SEC. 8059. Of the funds made available by this Act

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

21 each appropriations account in title III, shall be available

22 for incentive payments authorized by section 504 of the In23 dian Financing Act of 1974, 25 U.S.C. 1544. These pay24 ments shall be available only to contractors which have sub25 mitted subcontracting plans pursuant to 15 U.S.C.
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1 637(d)(4)(B), and according to regulations which shall be

2 promulgated by the Secretary of Defense within 90 days

3 of the passage of this Act.

4 SEC. 8060. During the current fiscal year and there5 after, notwithstanding any other provision of law, the De6 partment of Defense is hereby authorized to develop and

7 procure the LANDSAT 7 vehicle.

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

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

10 military medical facility with a health care professional

11 unless the prospective candidate can demonstrate profes12 sional administrative skills.

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

14 the Defense Health Program, notwithstanding any other

15 provision of law, the amount payable for services provided

16 under this section shall not be less than the amount cal17 culated under the coordination of benefits reimbursement

18 formula utilized when CHAMPUS is a secondary payor

19 to medical insurance programs other than Medicare, and

20 Ω153æsuch appropriations as necessary, $20,000,000, shall

21 be available (notwithstanding the last sentence of section

22 1086(c) of title 10, United States Code) to continue Civil23 ian Health and Medical Program of the Uniformed Serv24 ices (CHAMPUS) benefits, until age 65, under such sec25 tion for a former member of a uniformed service who is
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1 entitled to retired or retainer pay or equivalent pay, or

2 a dependent of such a member, or any other beneficiary

3 described by section 1086(c) of title 10, United States

4 Code, who becomes eligible for hospital insurance benefits

5 under part A of title XVIII of the Social Security Act (42

6 U.S.C. 1395 et seq.) solely on the grounds of physical dis7 ability, or end stage renal disease: Provided, That expenses

8 under this section shall only be covered to the extent that

9 such expenses are not covered under parts A and B of

10 title XVIII of the Social Security Act and are otherwise

11 covered under CHAMPUS: Provided further, That no re12 imbursement shall be made for services provided prior to

13 October 1, 1991.

14 SEC. 8063. During the current fiscal year, the Sec15 retary of Defense may accept burdensharing contributions

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

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

18 employees, supplies, and services of the Department of De19 fense to be credited to applicable Department of Defense

20 operation and maintenance appropriations available for

21 the salaries and benefits of national employees of Japan,

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

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

24 same purposes and time period as those appropriations to

25 which credited: Provided, That not later than 30 days
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1 after the end of each quarter of the fiscal year, the Sec2 retary of Defense shall submit to the Congress a report

3 of contributions accepted by the Secretary under this pro4 vision during the preceding quarter.

5 SEC. 8064. (a) Funds appropriated in this Act to fi6 nance activities of Department of Defense (DOD) Feder7 ally Funded Research and Development Centers

8 (FFRDCs) may not be obligated or expended for an

9 FFRDC if a member of its Board of Directors or Trustees

10 simultaneously serves on the Board of Directors or Trust11 ees of a profit-making company under contract to the De12 partment of Defense unless the FFRDC has a DOD ap13 proved conflict of interest policy for its members.

14 (b) None of the funds appropriated in this Act are

15 available to establish a new FFRDC, either as a new en16 tity, or as a separate entity administered by an organiza17 tion managing another FFRDC, or as a nonprofit mem18 bership corporation consisting of a consortium of other

19 FFRDCs and other nonprofit entities.

20 Ω154æ(c) Notwithstanding any other provision of law,

21 of the amounts available to the Department of Defense dur22 ing fiscal year 1994, not more than $1,352,650,000 may

23 be obligated for financing activities of federally funded re24 search and development centers.
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1 (d) The total amount appropriated for research, devel2 opment, test and evaluation by this Act is hereby reduced

3 by $200,000,000 to reflect the obligation limitation con4 tained in subsection (c).

5 Ω155æSEC. 8065. None of the funds appropriated or

6 made available in this Act shall be used to procure carbon,

7 alloy or armor steel plate for use in any Government8 owned facility or property under the control of the Depart9 ment of Defense which were not melted and rolled in the

10 United States or Canada: Provided, That these procure11 ment restrictions shall apply to any and all Federal Supply

12 Class 9515, American Society of Testing and Materials

13 (ASTM) or American Iron and Steel Institute (AISI)

14 specifications of carbon, alloy or armor steel plate: Pro15 vided further, That the Secretary of the military depart16 ment responsible for the procurement may waive this re17 striction on a case-by-case basis by certifying in writing

18 to the Committees on Appropriations of the House of Rep19 resentatives and the Senate that adequate domestic sup20 plies are not available to meet Department of Defense re21 quirements on a timely basis and that such an acquisition

22 must be made in order to acquire capability for national

23 security purposes: Provided further, That these restrictions

24 shall not apply to contracts which are in being as of the

25 date of enactment of this Act.
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1 SEC. 8066. Notwithstanding any other provision of

2 law, no more than 15 percent of the funds available to

3 the Department of Defense for sealift may be used to ac4 quire, directly or indirectly, through charter or purchase,

5 ships constructed in foreign shipyards: Provided, That

6 ships acquired as provided above shall be necessary to sat7 isfy the shortfalls identified in the Mobility Requirements

8 Study: Provided further, That any work required to con9 vert foreign built ships acquired as provided above to Unit10 ed States Coast Guard and American Bureau of Shipping

11 standards, or conversion to a more useful military configu12 ration, must be accomplished in United States domestic

13 shipyards: Provided further, That none of the funds shall

14 be used to purchase the following major components:

15 bridge or machinery control systems, or interior commu16 nications equipment, auxiliary equipment, including

17 pumps for all shipboard services, propulsion system com18 ponents (that is, engines, reduction gears, and propellers),

19 shipboard cranes, and spreaders for shipboard cranes for

20 sealift ships unless the systems or equipment, and their

21 components, are manufactured in the United States: Pro22 vided further, That the Secretary of the military depart23 ment responsible for such procurement may waive this re24 striction on a case-by-case basis by certifying in writing

25 to the Committees on Appropriations of the House of Rep-
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1 resentatives and the Senate that adequate domestic sup2 plies are not available to meet Department of Defense re3 quirements on a timely basis and that such an acquisition

4 must be made in order to acquire capability for national

5 security purposes.

6 SEC. 8065. None of the funds available to the Depart7 ment of Defense during the current fiscal year may be obli8 gated or expended to develop for aircraft or helicopter weap9 ons systems an airborne instrumentation system for flight

10 test data acquisition, or to develop or implement modifica11 tions to an existing airborne instrumentation system, other

12 than the Common Airborne Instrumentation System under

13 development in the Central Test and Evaluation Investment

14 Development program element funded in the ‘‘Developmen15 tal Test and Evaluation, Defense’’ appropriations account.

16 SEC. 8066. None of the unobligated balances available

17 in the National Defense Stockpile Transaction Fund during

18 the current fiscal year may be obligated or expended to fi19 nance any grant or contract to conduct research, develop20 ment, test and evaluation activities for the development or

21 production of advanced materials, unless amounts for such

22 purposes are specifically appropriated in a subsequent ap23 propriations Act.

24 SEC. 8067. For the purposes of this Act, the term

25 ‘‘congressional defense committees’’ means the Commit-
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1 tees on Armed Services, the Committees on Appropria2 tions, and the subcommittees on Defense of the Committee

3 on Appropriations, of the Senate and the House of Rep4 resentatives.

5 SEC. 8068. Notwithstanding any other provision of

6 law, during the current fiscal year, the Secretary of De7 fense may acquire the modification, depot maintenance

8 and repair of aircraft, vehicles and vessels as well as the

9 production of components and other Defense-related arti10 cles, through competition between Department of Defense

11 depot maintenance activities and private firms: Provided,

12 That the Senior Acquisition Executive of the military de13 partment or defense agency concerned, with power of dele14 gation, shall certify that successful bids include com15 parable estimates of all direct and indirect costs for both

16 public and private bids: Provided further, That Office of

17 Management and Budget Circular A–76 shall not apply

18 to competitions conducted under this section.

19 SEC. 8069. (a)(1) If the Secretary of Defense, after

20 consultation with the United States Trade Representative,

21 determines that a foreign country which is party to an

22 agreement described in paragraph (2) has violated the

23 terms of the agreement by discriminating against certain

24 types of products produced in the United States that are

25 covered by the agreement, the Secretary of Defense shall
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1 rescind the Secretary’s blanket waiver of the Buy Amer2 ican Act with respect to such types of products produced

3 in that foreign country.

4 (2) An agreement referred to in paragraph (1) is any

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products

9 in that country.

10 (b) The Secretary of Defense shall submit to Con11 gress a report on the amount of Department of Defense

12 purchases from foreign entities in fiscal year 1994. Such

13 report shall separately indicate the dollar value of items

14 for which the Buy American Act was waived pursuant to

15 any agreement described in subsection (a)(2), the Trade

16 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

17 international agreement to which the United States is a

18 party.

19 (c) For purposes of this section, the term ‘‘Buy

20 American Act’’ means title III of the Act entitled ‘‘An

21 Act making appropriations for the Treasury and Post

22 Office Departments for the fiscal year ending June 30,

23 1934, and for other purposes’’, approved March 3,

24 1933 (41 U.S.C. 10a et seq.).
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1 Ω156æSEC. 8070. (a) Of the funds made available in

2 this Act in title II, Operation and Maintenance, Army,

3 $5,000,000 shall be available only to execute the cleanup

4 of uncontrolled hazardous waste contamination affecting

5 the Sale Parcel at Hamilton Air Force Base, in Novato,

6 in the State of California.

7 (b) Notwithstanding any other provision of law, in the

8 event that the purchaser of the Sale Parcel exercises its

9 option to withdraw from all or a portion of the sale, as

10 provided in the Agreement and Modification, dated Sep11 tember 25, 1990, between the Department of Defense, the

12 General Services Administration, and the purchaser, as

13 amended, the purchaser’s deposit of $4,500,000 shall be

14 returned by the General Services Administration and

15 funds eligible for reimbursement under the Agreement and

16 Modification, as amended, shall come from the funds made

17 available to the Department of Defense by this Act.

18 (c) Notwithstanding any other provision of law, in the

19 event that the purchaser purchases only a portion of the

20 Sale Parcel and exercises its option to withdraw from the

21 sale as to the rest of the Sale Parcel, the portion of the

22 Sale Parcel that is not purchased (other than Landfill 26

23 and an appropriate buffer area around it), together with

24 any of the land referred to in section 9099(e) of Public

25 Law 102–396 that is not purchased by the purchaser,
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1 shall be sold to the City of Novato, in the State of Califor2 nia, for the sum of One Dollar as a public benefit transfer

3 for school, classroom or other educational use, for use as

4 a public park or recreation area or for further conveyance

5 as provided herein, subject to the following restrictions:

6 (1) if the City sells any portion of such land to any third

7 party within ten years after the transfer to the City, which

8 sale may be made without the foregoing use restrictions,

9 any proceeds received by the City in connection with such

10 sale, minus the demonstrated reasonable costs of conduct11 ing the sale and of any improvements made by the City

12 to the land following its acquisition of the land (but only

13 to the extent such improvements increase the value of the

14 portion sold), shall be immediately turned over to the

15 Army in reimbursement of the withdrawal payment made

16 by the Army to the contract purchaser and the costs of

17 cleaning up the Landfill and (2) until one year following

18 completion of the cleanup of contaminated soil in the land19 fill and completion of the groundwater treatment facilities,

20 the sale must be at a per-acre price for the portion sold

21 that is at least equal to the per-acre contract price paid

22 by the purchaser for the portion of the Sale Parcel pur23 chased under the Agreement and Modification, as amend24 ed, and thereafter must be at a price at least equal to

25 the fair market value of the portion sold. The foregoing
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1 restrictions shall not apply to a transfer to another public

2 or quasi-public agency for public uses of the kind de3 scribed above. The deed to the City shall contain a clause

4 providing that, if any of the proceeds referred to in clause

5 (1) are not delivered to the Army within 30 days after

6 sale, or any portion of the land not sold as provided herein

7 is used for other than educational, park or recreational

8 uses, title to the applicable portion of such land shall re9 vert to the United States Government at the election of

10 the General Services Administration. The Army shall

11 agree to deliver into the applicable closing escrow an ac12 knowledgement of receipt of any proceeds described in

13 clause (1) above and a release of the reverter right as to

14 the affected land, effective upon such receipt.

15 (d) Notwithstanding any other provision of law, the

16 Air Force shall be reimbursed for expenditures in excess

17 of $15,000,000 in connection with the total clean-up of

18 uncontrolled hazardous waste contamination on the afore19 mentioned Sale Parcel from the proceeds collected upon

20 the closing of any portion of the Sale Parcel purchased

21 by the contract purchaser under the Agreement and Modi22 fication, as amended.

23 SEC. 8070. Notwithstanding any other provision of

24 law, any statutorily-required analysis of the impact on the

25 defense technology and industrial base of terminations and
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1 significant reductions of major research and development

2 programs and procurement programs of the Department of

3 Defense shall address only those actions recommended by

4 the Defense Department in its annual budget request and

5 amendments thereto, supplemental requests, or proposed re6 scissions.

7 SEC. 8071. Notwithstanding any other provision of

8 law, the Secretary of Defense may, when he considers it

9 in the best interest of the United States, cancel any part

10 of an indebtedness, up to $2,500, that is or was owed to

11 the United States by a member or former member of a

12 uniformed service if such indebtedness, as determined by

13 the Secretary, was incurred in connection with Operation

14 Desert Shield/Storm: Provided, That the amount of an in15 debtedness previously paid by a member or former mem16 ber and cancelled under this section shall be refunded to

17 the member.

18 SEC. 8072. Appropriations contained in this Act that

19 remain available at the end of the current fiscal year as

20 a result of energy cost savings realized by the Department

21 of Defense shall remain available for obligation for the

22 next fiscal year to the extent, and for the purposes, pro23 vided in section 2865 of title 10, United States Code.

24 SEC. 8073. During the current fiscal year, voluntary

25 separation incentives payable under 10 U.S.C. 1175 may
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1 be paid in such amounts as are necessary from the assets

2 of the Voluntary Separation Incentive Fund established by

3 section 1175(h)(1).

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8074. Amounts deposited during fiscal years

6 1993 and 1994 to the special account established under

7 40 U.S.C. 485(h)(2) and to the special account established

8 under 10 U.S.C. 2667(d)(1) are appropriated and shall

9 be available until transferred by the Secretary of Defense

10 to current applicable appropriations or funds of the De11 partment of Defense under the terms and conditions speci12 fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

13 2667(d)(1)(B), to be merged with and to be available for

14 the same time period and the same purposes as the appro15 priation to which transferred.

16 Ω157æSEC. 8075. In order to maintain an electric

17 furnace capacity in the United States, preference for the

18 purchase of chromite ore and manganese ore authorized

19 for disposal from the National Defense Stockpile shall be

20 given to domestic producers of high carbon ferrochromium

21 and high carbon ferromanganese—

22 (A) whose primary output during the three pre23 ceding years has been ferrochromium or

24 ferromanganese; and

25 (B) who guarantee to use the chromite and

26 manganese ore for domestic purposes.
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1 SEC. 8075. None of the funds in this or any other Act

2 shall be available for the preparation of studies on—

3 (a) the feasibility of removal and transportation

4 of unitary chemical weapons from the eight chemical

5 storage sites within the continental United States:

6 Provided, That this prohibition shall not apply to

7 non-stockpile material in the United States or to

8 studies needed for environmental analysis required by

9 the National Environmental Policy Act; and

10 (b) the potential future uses of the nine chemical

11 disposal facilities other than for the destruction of

12 stockpile chemical munitions and as limited by sec13 tion 1412(c)(2), Public Law 99–145: Provided, That

14 this prohibition does not apply to future use studies

15 for the CAMDS facility at Tooele, Utah.

16 SEC. 8076. During the current fiscal year, none of

17 the funds available to the Department of Defense may be

18 used to procure or acquire (1) defensive handguns or de19 fensive handgun ammunition unless such handguns or

20 handgun ammunition are the M9 9mm Department of De21 fense standard handgun or ammunition for such hand22 guns, or (2) offensive handguns and ammunition except

23 for the Special Operations Forces.

24 SEC. 8077. During the current fiscal year, appropria25 tions available to the Department of Defense may be used
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1 to reimburse a member of a reserve component of the

2 Armed Forces who is not otherwise entitled to travel and

3 transportation allowances and who occupies transient gov4 ernment housing while performing active duty for training

5 or inactive duty training: Provided, That such members

6 may be provided lodging in kind if transient government

7 quarters are unavailable as if the member was entitled to

8 such allowances under subsection (a) of section 404 of title

9 37, United States Code: Provided further, That if lodging

10 in kind is provided, any authorized service charge or cost

11 of such lodging may be paid directly from funds appro12 priated for operation and maintenance of the reserve com13 ponent of the member concerned.

14 SEC. 8078. For fiscal year 1994, the total amount

15 appropriated to fund the Uniformed Services Treatment

16 Facilities program, operated pursuant to section 911 of

17 Public Law 97–99 (42 U.S.C. 248c), is limited to

18 $291,000,000, of which not more than $265,000,000 may

19 be provided by the funds appropriated by this Act.

20 SEC. 8079. None of the funds available in this Act

21 may be used to support in any manner, including travel

22 or other related expenses, the ‘‘Tailhook Association’’:

23 Provided, That investigations by the Secretary of the Navy

24 or consultation with the Tailhook Association are not pro25 hibited by this provision.
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1 SEC. 8080. During the current fiscal year and there2 after, from funds available to the Department of Defense,

3 the Director of the Air National Guard shall operate a

4 Command, Control, Communications and Intelligence

5 planning office manned by three full-time Air Guard offi6 cers in the rank of O–6, O–5, and O–4: Provided, That

7 these officers shall be in addition to the strengths author8 ized in section 524 of title 10, United States Code.

9 SEC. 8081. None of the funds appropriated in this

10 Act or made available to the Department of Defense and

11 deposited into the Pentagon Reservation Maintenance Re12 volving Fund may be used for the purpose of constructing

13 a Pentagon Maintenance Ω158æFacility, Facility or a Lo14 gistics Support Extension Ω159æ,–or any other building

15 not an integral part of the present Pentagon building.

16 SEC. 8082. The President shall include with each

17 budget for a fiscal year submitted to the Congress under

18 section 1105 of title 31, United States Code, materials

19 that shall identify clearly and separately the amounts re20 quested in the budget for appropriation for that fiscal year

21 for salaries and expenses related to administrative activi22 ties of the Department of Defense, the military

23 departments, and the Defense Agencies.

24 Ω160æSEC. 8083. None of the funds available to the

25 Department of Defense may be obligated or expended for
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1 construction of Ground Wave Emergency Network

2 (GWEN) sites in Fiscal Year 1994.

3 Ω161æSEC. 8083. Notwithstanding any other provi4 sion of law, the Naval shipyards of the United States shall

5 be eligible to participate in any manufacturing extension

6 program financed by funds appropriated in this or any

7 other Act.

8 SEC. 8084. The $15,000,000 made available in sec9 tion 9088 of the Department of Defense Appropriations

10 Act, 1993 (Public Law 102–396) for payment of claims

11 to United States military and civilian personnel for dam12 ages incurred as a result of the volcanic eruption of Mount

13 Pinatubo in the Philippines, shall remain available for ob14 ligation until September 30, 1994, notwithstanding sec15 tion 9003 of that ActΩ162æ: Provided further, That

16 $5,000,000 of the funds made available by this section shall

17 be available until September 30, 1995 for expenses associ18 ated with the construction and modification of facilities to

19 support the relocation of military training programs from

20 installations in the Philippines to sites in the United

21 States.

22 (TRANSFER OF FUNDS)

23 SEC. 8085. In addition to any other transfer author24 ity contained in this Act, $100,000,000 appropriated in

25 this Act under the heading ‘‘Operation and Maintenance,

26 Defense-Wide’’ may be transferred to appropriations con-
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1 tained in this Act which are available for the payment of

2 civilian voluntary separation incentives, to be merged with

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

4 time period as the appropriations to which transferred.

5 SEC. 8086. During the current fiscal year, amounts

6 contained in the Department of Defense Overseas Military

7 Facility Investment Recovery Account established by sec8 tion 2921(c)(1) of the National Defense Authorization Act

9 of 1991, (Public Law 101–510; 10 U.S.C. 2687 note)

10 shall be available until expended for the payments speci11 fied by section 2921(c)(2) of that Act.

12 SEC. 8087. During the current fiscal year, annual

13 payments granted under the provisions of section 4416 of

14 the National Defense Authorization Act for fiscal year

15 1993 (Public Law 102–428; 106 Stat. 2714) shall be

16 made from appropriations in this Act which are available

17 for the pay of reserve component personnel.

18 Ω163æSEC. 8088. None of the funds appropriated by

19 this Act may be used to relocate the 116th Fighter Wing

20 of the Air National Guard from Dobbins Air Reserve Base

21 to Robins Air Force Base, or to convert that wing from

22 F–15A aircraft to B–1B aircraft.

23 SEC. 8088. None of the funds available to the Depart24 ment of Defense for establishing a Naval East Coast Elec25 tronics Engineering Center may be obligated or expended
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1 for the establishment of such Headquarters at any location

2 other than Charleston, South Carolina: Provided, That no

3 such funds may be obligated or expended for the establish4 ment or operation of subordinate detachments at St.

5 Inigoes, Maryland, and Portsmouth, Virginia, with man6 ning levels or broader functions than that specifically stated

7 in the 1993 Report to the President of the Defense Base

8 Closure and Realignment Commission.

9 Ω164æSEC. 8089. (a) IN GENERAL.—Subject to sub10 section (b), the Secretary of the Army may release, dis11 charge, waive, and quitclaim all right, title, and interest

12 which the United States may have by virtue of the quit13 claim deed dated June 18, 1956, in and to approximately

14 6.89 acres of real property, with improvements thereon,

15 in Harris County, Texas.

16 (b) CONDITION.—The Secretary may carry out sub17 section (a) only after obtaining satisfactory assurances

18 that the State of Texas shall obtain, in exchange for the

19 real property referred to in subsection (a), a tract of real

20 property—

21 (1) which is at least equal in value to the real

22 property referred to in subsection (a), and

23 (2) which shall be, on the date on which the

24 State obtains it, subject to the same restrictions and

25 covenants with respect to the Federal Government
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1 as are applicable on the date of the enactment of

2 this Act to the real property referred to in sub3 section (a).

4 (c) LEGAL DESCRIPTION OF REAL PROPERTY.—The

5 exact acreage and legal description of the real property

6 referred to in subsection (a) shall be based upon surveys

7 that are satisfactory to the Secretary.

8 SEC. 8089. (a) Notwithstanding any other provision

9 of law, funds appropriated under this Act for the Depart10 ment of Defense shall be made available for the Overseas

11 Workload Program: Provided, That a firm of any member

12 nation of the North Atlantic Treaty Organization (NATO)

13 or of any major non-NATO ally or countries in the Euro14 pean Theater, shall be eligible to bid on any contract for

15 the maintenance, repair, or overhaul of equipment of the

16 Department of Defense to be awarded under competitive

17 procedures as part of the program of the Department of De18 fense known as the Overseas Workload Program.

19 (b) A contract awarded during fiscal year 1994, or

20 thereafter, to a firm described in subsection (a) may be per21 formed in the theater in which the equipment is normally

22 located or in the country in which the firm is located.

23 (c) For purposes only of this section, Israel shall be

24 considered in the European Theater in every respect, with

25 its firms fully eligible for nonrestrictive, nondiscriminatory
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1 contract competition under the Overseas Workload Pro2 gram.

3 (d) No funds appropriated for the Overseas Workload

4 Program for fiscal year 1994 or thereafter shall be used for

5 contracts awarded in fiscal year 1994 or thereafter which

6 have not been opened for competition in a manner consist7 ent with this provision.

8 Ω165æSEC. 8090. None of the funds appropriated by

9 this Act shall be used to procure aircraft fuel cells unless

10 the fuel cells are produced or manufactured in the United

11 States by a domestic-owned and domestic-operated entity:

12 Provided, That the Secretary of the military department

13 responsible for the procurement may waive this restriction

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

15 Committees on Appropriations of the House of Represent16 atives and the Senate that adequate domestic supplies are

17 not available to meet Department of Defense requirements

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

19 made in order to acquire capability for national security

20 purposes.

21 SEC. 8090. None of the funds available to the Depart22 ment of the Air Force shall be available to establish or sup23 port any organic depot maintenance support activity for

24 the B–2 bomber.
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1 Ω166æSEC. 8091. (a) Notwithstanding any other pro2 vision of law, not less than $750,000 of the funds appro3 priated under the heading ‘‘Operation and Maintenance,

4 Army’’ in title II of this Act shall be made available until

5 expended to conduct a demonstration program involving

6 the Army Senior Reserve Officers’ Training Corps battal7 ion at Indiana University-Northwest and Army Junior Re8 serve Officers’ Training Corps units near the University.

9 The purpose of the program shall be to encourage minor10 ity students in secondary educational institutions to con11 tinue their education.

12 (b) Under the program, Senior Reserve Officers’

13 Corps cadets may serve as mentors and tutors for students

14 in Junior Reserve Officers’ Corps units. Cadets and stu15 dents may participate in combined activities, including

16 summer camps, field training, and other traditional mili17 tary activities.

18 (c) Senior Reserve Officers’ Corps cadets who serve

19 as mentors and tutors may be paid a stipend.

20 (d) After a cadet has satisfactorily served in the pro21 gram, under criteria established by the Secretary of the

22 Army and for a period of time determined by the Sec23 retary, the cadet may be provided financial assistance tui24 tion, books, laboratory fees, and similar educational ex-
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1 penses if the cadet continues to serve satisfactorily in the

2 program.

3 SEC. 8091. (a) Any college, university, or other institu4 tion which has been determined by the Defense Contract

5 Audit Agency to have overbilled the Federal Government for

6 indirect costs which are unreasonable, unallowable, or

7 unallocable under Office of Management and Budget Circu8 lars A–21 and A–133 may not receive from the Department

9 of Defense, during fiscal year 1994, any grant or contract,

10 or combination of grants or contracts, which totals the

11 amount overbilled to the Department of Defense.

12 (b) The restriction in subsection (a) shall not apply

13 if, within six months after an official determination of

14 overbilling—

15 (1) the institution in question either repays in

16 full to the United States Treasury the amount

17 overbilled to the Federal Government, plus interest, or

18 (2) the Under Secretary of Defense for Acquisi19 tion certifies in writing to Congress that the institu20 tion is no longer liable for such restitution, or that

21 the dispute has become the subject of formal judicial

22 review.

23 (c) The restriction in subsection (a) shall only apply

24 to any college, university, or other institution which has

25 been determined by the Defense Contract Audit Agency to
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1 have overbilled the Federal Government by an amount

2 which equals or exceeds $15,000,000.

3 SEC. 8092. During the current fiscal year, appropria4 tions which are available to the Department of Defense

5 for operation and maintenance may be used to purchase

6 items having an investment item unit cost of not more

7 than Ω167æ$50,000 $25,000.

8 SEC. 8093. None of the funds appropriated by this

9 Act shall be available for direct Ω168æor indirect support

10 of the joint Department of Defense/Department of Energy

11 Safeguard C contingent nuclear testing program.

12 Ω169æSec. 8094. In connection with procurements of

13 petroleum products made by the Department of Defense

14 with appropriated funds, the Secretary shall consider all

15 qualified bids from any eligible country under the Carib16 bean Basin Economic Recovery Act which is hereby

17 deemed a designated country pursuant to 19 U.S.C.

18 2511(b).

19 SEC. 8094. Of the funds appropriated to the Depart20 ment of Defense for Operation and Maintenance, Defense21 Wide, not less than $8,000,000 shall be made available until

22 expended to the Administration for Native Americans with23 in 90 days of enactment of this Act only for the mitigation

24 of environmental impacts, including the gathering of infor25 mation, documenting of environmental damage, and devel-
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1 oping a system for prioritization of mitigation, on Indian

2 lands resulting from Department of Defense activities.

3 SEC. 8095. During the current fiscal year, appropria4 tions available for the pay and allowances of active duty

5 members of the Armed Forces shall be available to pay

6 the retired pay which is payable pursuant to section 4403

7 of Public Law 102–484 (10 U.S.C. 1293 note) under the

8 terms and conditions provided in section 4403.

9 Ω170æSec. 8096. None of the funds appropriated in

10 this Act may be used to pay the salaries of more than

11 two Senior Executive Service positions within the Office

12 of the Assistant Secretary of the Army for Civil Works:

13 Provided, That the individuals in these positions may not

14 be compensated at a rate higher than level three of the

15 Senior Executive Service.

16 SEC. 8096. None of the funds available to the Depart17 ment of Defense shall be used for the training or utilization

18 of psychologists in the prescription of drugs, except pursu19 ant to the findings and recommendations of the Army Sur20 geon General’s Blue Ribbon Panel as specified in its Feb21 ruary and August 1990 meeting minutes.

22 Ω171æSec. 8097. (a) During the current fiscal year,

23 none of the appropriations or funds available to the De24 fense Business Operations Fund shall be used for the pur25 chase of an investment item for the purpose of acquiring
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1 a new inventory item for sale or anticipated sale during

2 the current fiscal year or a subsequent fiscal year to cus3 tomers of the Defense Business Operations Fund if such

4 an item would not have been chargeable to the Defense

5 Business Operations Fund during fiscal year 1993 and if

6 the purchase of such an investment item would be charge7 able during the current fiscal year to appropriations made

8 to the Department of Defense for procurement.

9 (b) The fiscal year 1995 budget request for the De10 partment of Defense as well as all justification material

11 and other documentation supporting the fiscal year 1995

12 Department of Defense budget shall be prepared and sub13 mitted to the Congress on the basis that any equipment

14 which was classified as an end item and funded in a pro15 curement appropriation contained in this Act shall be

16 budgeted for in a proposed fiscal year 1995 procurement

17 appropriation and not in the supply management business

18 area or any other area or category of the Defense Business

19 Operations Fund.

20 SEC. 8097. During the current fiscal year, obligations

21 against the stock funds of the Department of Defense may

22 not be incurred in excess of 70 percent of sales from such

23 stock funds during the current fiscal year: Provided, That

24 in determining the amount of obligations against, and sales

25 from the stock funds, obligations and sales for fuel, subsist-
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1 ence, commissary items, retail operations, the cost of oper2 ations, and repair of spare parts shall be excluded: Provided

3 further, That upon a determination by the Secretary of De4 fense that such action is critical to the national security

5 of the United States, the Secretary may waive the provi6 sions of this section: Provided further, That if the provisions

7 of this section are waived, the Secretary shall immediately

8 notify the Congress of the waiver and the reasons for such

9 a waiver.

10 Ω172æSec. 8098. (a) The prohibition in section

11 133(a)(2) of the National Defense Authorization Act for

12 fiscal years 1990 and 1991 (Public Law 101–189; 103

13 Stat. 1383) does not apply to the obligation of funds in

14 amounts not to exceed $216,000,000 for the procurement

15 of not more than 36 OH–58D Scout aircraft from funds

16 appropriated in title III of this Act.

17 (b) The prohibition in section 132(a)(2) of the Na18 tional Defense Authorization Act for 1990 and 1991 (Pub19 lic Law 101–189; 103 Stat. 1383) does not apply to the

20 obligation of funds in amounts not to exceed

21 $368,430,000 for the procurement of not more than 24

22 AH–64 aircraft from funds appropriated in title III of this

23 Act.

24 SEC. 8098. None of the funds provided in this Act shall

25 be available for use by a Military Department to modify
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1 an aircraft, weapon, ship or other item of equipment, that

2 the Military Department concerned plans to retire or other3 wise dispose of within five years after completion of the

4 modification: Provided, That this prohibition shall not

5 apply to safety modifications: Provided further, That this

6 prohibition may be waived by the Secretary of a Military

7 Department if the Secretary determines it is in the best na8 tional security interest of the country to provide such waiv9 er and so notifies the congressional defense committees in

10 writing.

11 SEC. 8099. (a) FINDINGS.—The Congress finds

12 that—

13 (1) the United States Government has not

14 made adequate efforts to seek the payment of com15 pensation by the government of Peru for the death

16 and injuries to United States military personnel re17 sulting from the attack by aircraft of the military

18 forces of Peru on April 24, 1992, against a United

19 States Air Force C–130 aircraft operating off the

20 coast of Peru; and

21 (2) in failing to make such efforts adequately,

22 the United States Government has failed in its obli23 gation to support the servicemen and their families

24 involved in the incident and generally to support
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1 members of the Armed Forces carrying out missions

2 on behalf of the United States.

3 (b) SEMIANNUAL REPORT.—The Secretary of De4 fense shall submit a report to Congress on December 1

5 and June 1 of each year on the efforts made by the Gov6 ernment of the United States during the preceding six7 month period to seek the payment of fair and equitable

8 compensation by the Government of Peru (1) to the survi9 vors of Master Sergeant Joseph Beard, Jr., United States

10 Air Force, who was killed in the attack described in sub11 section (a), and (2) to the other crew members who were

12 wounded in the attack and survived.

13 (c) TERMINATION OF REPORT REQUIREMENT.—The

14 requirement in subsection (b) shall terminate upon certifi15 cation by the Secretary of Defense to Congress that the

16 Government of Peru has paid fair and equitable com17 pensation as described in subsection (b).

18 SEC. 8099A. None of the funds appropriated by this

19 Act shall be used for the support of any nonappropriated

20 funds activity of the Department of Defense that procures

21 malt beverages, wine and cigarettes with nonappropriated

22 funds for resale (including such alcoholic beverages sold by

23 the drink) on a military installation located in the United

24 States unless such malt beverages, wine and cigarettes are

25 procured within that State, or in the case of the District
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1 of Columbia, within the District of Columbia, in which the

2 military installation is located: Provided, That in a case

3 in which the military installation is located in more than

4 one State, purchases may be made in any State in which

5 the installation is located: Provided further, That such local

6 procurement requirements for malt beverages, wine and

7 cigarettes shall apply to all alcoholic beverages and ciga8 rettes only for military installations in States which are

9 not contiguous with another State: Provided further, That

10 alcoholic beverages other than wine and malt beverages, and

11 cigarettes, in contiguous States and the District of Colum12 bia shall be procured from the most competitive source,

13 price and other factors considered.

14 SEC. 8100. Notwithstanding any other provision of

15 law or regulation, the Department of Defense is directed

16 to use available off the shelf, nondevelopmental items in

17 filling small craft and small boat requirements when at

18 all possible.

19 SEC. 8101. No part of the funds in this Act shall

20 be available to prepare or present a request to the Com21 mittees on Appropriations for reprogramming of funds,

22 unless for higher priority items, based on unforeseen mili23 tary requirements, than those for which originally appro24 priated and in no case where the item for which
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1 reprogramming is requested has been denied by the Con2 gress.

3 Ω174æSEC. 8102. None of the funds appropriated by

4 this Act shall be available for payment of the compensa5 tion of personnel assigned to or serving in the National

6 Foreign Intelligence Program in excess of 96 percent of

7 such personnel actually assigned to or serving in the Na8 tional Foreign Intelligence Program on September 30,

9 1992: Provided, That in making any reduction in the num10 ber of such personnel that may be required pursuant to

11 this section, the percentage of reductions to Senior Intel12 ligence Service positions shall be equal to or exceed the

13 percentage of reductions to non-Senior Intelligence Service

14 positions: Provided further, That in making any reduction

15 in the number of such personnel that may be required pur16 suant to this section, the percentage of reductions to posi17 tions in the National Capital Region shall be equal to or

18 exceed the percentage of reductions to positions outside

19 of the National Capital Region.

20 SEC. 8102. (a) Of the amounts available to the De21 partment of Defense for fiscal year 1994, not less than

22 $10,000,000 shall be available for National Defense

23 Science and Engineering Graduate Fellowships to be

24 awarded on a competitive basis by the Secretary of De25 fense to United States citizens or nationals pursuing ad-
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1 vanced degrees in fields of primary concern and interest

2 to the Department.

3 (b) Fellowships awarded pursuant to subsection (a)

4 above shall not be restricted on the basis of the geographi5 cal locations in the United States of the institutions at

6 which the recipients are pursuing the aforementioned ad7 vanced degrees.

8 (c) Not less than 50 per centum of the funds nec9 essary to carry out this section shall be derived from the

10 amounts available for the University Research Initiatives

11 Program in ‘‘Research, Development, Test and Evalua12 tion, Defense-Wide’’, and the balance necessary shall be

13 derived from amounts available for Defense Research

14 Sciences under title IV of this Act.

15 SEC. 8103. None of the funds provided by this Act

16 may be used to pay the salaries of any person or persons

17 who authorize the transfer of obligated and deobligated

18 appropriations into the Reserve for Contingencies of the

19 Central Intelligence Agency.

20 SEC. 8104. During the current fiscal year Ω175æand

21 thereafter, funds appropriated for construction projects of

22 the Central Intelligence Agency, which are transferred to

23 another Agency for execution, shall remain available until

24 expended.
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1 SEC. 8105. During the current fiscal year Ω176æand

2 thereafter, monetary limitations on the purchase price of

3 a passenger motor vehicle shall not apply to vehicles pur4 chased for intelligence activities conducted pursuant to

5 Executive Order 12333 or successor orders.

6 SEC. 8106. None of the funds appropriated by this

7 Act for programs of the Central Intelligence Agency shall

8 remain available for obligation beyond the current fiscal

9 year, except for funds appropriated for the Reserve for

10 Contingencies, which shall remain available until Septem11 ber 30, 1995.

12 (TRANSFER OF FUNDS)

13 SEC. 8107. During the current fiscal year Ω177æand

14 thereafter, no funds may be made available through trans15 fer, reprogramming, or other means between the Central

16 Intelligence Agency and the Department of Defense for

17 any intelligence or special activity different from that pre18 viously justified to the Congress unless the Director of

19 Central Intelligence or the Secretary of Defense has noti20 fied the House and Senate Appropriations Committees of

21 the intent to make such funds available for such activity.

22 SEC. 8108. The classified annex prepared by the

23 Committee on Appropriations to accompany the report on

24 the Department of Defense Appropriations Act, 1994 is

25 hereby incorporated into this Act: Provided, That the

26 amounts specified in the classified Annex are not in addi-
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1 tion to amounts appropriated by other provisions of this

2 Act: Provided further, That the President shall provide for

3 appropriate distribution of the classified Annex, or of ap4 propriate portions of the classified Annex, within the exec5 utive branch of the Government.

6 Ω178æSEC. 8109. Notwithstanding any other provi7 sion of law, funds made available in this Act for the De8 fense Intelligence Agency may be used for the design, de9 velopment, and deployment of General Defense Intel10 ligence Program intelligence communications and intel11 ligence information systems at the Unified and Specified

12 Commands.

13 SEC. 8110. After March 1, 1994, none of the funds

14 appropriated by this Act shall be available for any Na15 tional Foreign Intelligence Program: Provided, That this

16 provision shall not apply for any National Foreign Intel17 ligence Program for which budget exhibits were submitted

18 to the House Committee on Appropriations which justifies

19 in detail all funds requested for ‘‘base’’, ‘‘ongoing’’, and

20 ‘‘new’’ programs for fiscal year 1995.

21 SEC. 8111. None of the funds appropriated by this

22 Act shall be available for the planning, programming or

23 actual movement of any component or function of the De24 fense Mapping Agency Aerospace Center annex from the

25 St. Louis, Missouri, area.
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8112. In addition to amounts appropriated or

3 otherwise made available by this Act, $21,700,000 is here4 by appropriated to the Department of Defense and shall

5 be available only for transfer to the United States Coast

6 Guard for a 2.2 percent pay increase for uniformed mem7 bers.

8 SEC. 8113. None of the funds appropriated or made

9 available in this Act shall be obligated or expended for the

10 performance of depot-level maintenance by the Depart11 ment of Defense unless such activities are conducted in

12 accordance with section 2466(a) of title 10, United States

13 Code, as amended by Public Law 102–484.

14 SEC. 8114. Notwithstanding any other provision of

15 law, and in accordance with section 2905 of the Defense

16 Base Closure and Realignment Act of 1990, Public Law

17 101–510, the Department of Defense shall proceed with

18 implementation of the 1993 Defense Base Closure and Re19 alignment Commission recommendation concerning the

20 consolidation of tactical missile maintenance at

21 Letterkenny Army Depot.

22 SEC. 8115. Notwithstanding any other provision of

23 law, the Secretary of the Navy shall obligate the funds

24 appropriated for fiscal years 1992 and 1993 for the USH–

25 42 Mission Recorder program for the A–6 aircraft.
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1 SEC. 8116. In addition to amounts appropriated else2 where in this Act, $200,000 shall be available only for set3 tlement of claims and interest thereon, associated with

4 contract numbered N62474–86–C–0253 for construction

5 of a multipurpose range complex at the Marine Corps Air

6 Ground Combat Center in Twentynine Palms, California:

7 Provided, That such settlement shall be made pursuant

8 to the recommendation of August 19, 1993, of the Comp9 troller General of the United States (case B–230871.3).

10 SEC. 8117. Notwithstanding any other provision of

11 law, none of the funds appropriated for fiscal year 1993

12 and fiscal year 1994 for the DDG–51 destroyer program

13 shall be obligated or expended for procurement of the ring

14 laser gyroscope inertial navigation system under a sole

15 source contract.

16 SEC. 8118. The Secretary of the Navy shall carry out

17 the establishment of the Mine Warfare Center of Excel18 lence at the naval station at Ingleside, Texas (including

19 the establishment of all subordinate units and the reloca20 tion of Navy mine warfare forces), in accordance with the

21 schedule of the Navy for the establishment of such center

22 and without regard to any alteration in that schedule that

23 would otherwise be required pursuant to any other provi24 sion of law enacted during the first session of the 103d

25 Congress that applies specifically to the construction and
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1 operation of that center or to the relocation of Navy mine

2 warfare forces to Ingleside, Texas.

3 SEC. 8119. (a) The amount expended during fiscal

4 year 1994 from funds appropriated by this Act or any

5 prior Department of Defense Appropriations Act shall not

6 exceed $255,795,000,000.

7 (b) The Secretary of Defense and the Director of

8 Central Intelligence shall take such steps as necessary to

9 ensure compliance with the requirement in subsection (a).

10 (c) The provisions of the Impoundment Control Act

11 of 1974 (2 U.S.C. 681 et seq.) shall not apply with respect

12 to funds appropriated by this Act or any prior Department

13 of Defense Appropriations Act to the extent necessary to

14 enable the Secretary of Defense to comply with sub15 section (a).

16 (d) Any payment required to be made by the Depart17 ment of Defense to a business concern that, but for this

18 subsection, would be required to be made during Septem19 ber, 1994 may be made during the period beginning on

20 October 1, 1994, and ending on the date that is 30 days

21 after the date on which the payment would otherwise be

22 required to be made. In determining the amount of any

23 interest penalty under section 3902 of title 31, United

24 States Code, for failure to make any such payment, any

25 period for which the Secretary of Defense, under the pre-
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1 ceding sentence, deferred the required payment date shall

2 not be taken into account.

3 (e)(1) The Secretary of Defense shall, on each of the

4 dates specified in paragraph (2), submit to the Commit5 tees on Appropriations and the Committees on Armed

6 Services of the Senate and House of Representatives a re7 port on the implementation of this section. Each such re8 port shall include—

9 (A) an analysis of cumulative obligations and

10 cumulative expenditures from accounts subject to

11 the limitation in subsection (a) during the period be12 ginning on October 1, 1993, and ending on the last

13 day of the month preceding the month in which the

14 report is to be submitted, including a comparison of

15 such obligations and expenditures with the relevant

16 estimates of outlays made by the Office of Manage17 ment and Budget and the Congressional Budget Of18 fice; and

19 (B) a description of the specific actions taken

20 by the Secretary to ensure that the Department of

21 Defense meets the requirements of subsection (a).

22 (2) The reports required by paragraph (1) shall be

23 submitted not later than the following dates in 1994:

24 January 15, April 15, July 15, September 15, and October

25 15.
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1 SEC. 8109. None of the funds appropriated by this Act

2 shall be used to begin closing a military treatment facility

3 unless the Secretary of Defense notifies the Committees on

4 Appropriations of the House of Representatives and the

5 Senate ninety days prior to such action.

6 SEC. 8110. The Secretary of Defense is authorized to

7 provide optional summer school programs in addition to

8 the programs otherwise authorized by the Defense Depend9 ents Education Act of 1978 (Public Law 95–561), and to

10 charge a fee for participation in such optional education

11 programs. Optional summer school program fees shall be

12 made available for use by the Secretary to defray the costs

13 of summer school operations.

14 SEC. 8111. Unobligated balances of the funds appro15 priated in Public Law 102–172 and Public Law 102–396

16 under the headings ‘‘World University Games’’, ‘‘Summer

17 Olympics’’ and ‘‘World Cup USA 1994’’ in title II of those

18 Acts shall, notwithstanding any other section of those Acts,

19 remain available for obligation until September 30, 1995.

20 SEC. 8112. Notwithstanding any other provision of

21 law, reimbursements received from the North Atlantic Trea22 ty Organization for the E–3 Airborne Warning and Control

23 System (AWACS) Radar System Improvement Program

24 (RSIP) attributable to development work for fiscal years

25 1987 through 1992 shall be available to the Air Force until
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1 September 30, 1994, for meeting that service’s financial

2 commitments for the AWACS RSIP.

3 SEC. 8113. (a) None of the funds appropriated or oth4 erwise made available in this Act may be used to transport

5 or provide for the transportation of chemical munitions to

6 the Johnston Atoll for the purpose of storing or demilitariz7 ing such munitions.

8 (b) The prohibition in subsection (a) shall not apply

9 to any obsolete World War II chemical munition of the

10 United States found in the World War II Pacific Theater

11 of Operations.

12 (c) The President may suspend the application of sub13 section (a) during a period of war in which the United

14 States is a party.

15 SEC. 8114. None of the funds available to the Depart16 ment of Defense may be used to support the relocation of

17 P–3 aircraft squadrons or other aircraft or units from the

18 Naval Air Station at Barbers Point, Hawaii unless such

19 relocation was specifically stated in the 1993 Report to the

20 President of the Defense Base Closure and Realignment

21 Commission.

22 SEC. 8115. (a) No funds available to the Air Force

23 during fiscal year 1994 may be obligated or expended for

24 any research, development, test, or evaluation activities to

25 upgrade the current capabilities of the B–1B bomber unless
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1 the Secretary of Defense certifies to the Congressional de2 fense committees that the entire B–1B upgrade program is

3 militarily-required, affordable, and fully funded in the Fu4 ture Years Defense Program for fiscal years 1995–2000.

5 (b) Of the funds appropriated for the Department of

6 Defense for fiscal year 1993 under the heading ‘‘Research,

7 Development, Test and Evaluation, Air Force’’ in Title IV

8 of Public Law 102–396, the following amount is hereby re9 scinded: $31,000,000.

10 SEC. 8116. The Secretary of Defense is authorized to

11 use, for foreign military sales otherwise authorized under

12 Chapter 39, title 22 United States Code or for transfer to

13 United States Army, Army National Guard, or Army Re14 serves, articles and services procured for the implementation

15 of the Italian air defense agreements: Provided, That the

16 term ‘‘Italian air defense agreements’’ has the meaning

17 given such term in Section 1050 of Public Law 102–190,

18 (105 Stat. 1469): Provided further, That section 1050 of

19 Public Law 102–190 (105 Stat. 1469) is repealed.

20 SEC. 8117. None of the funds appropriated or other21 wise made available by this or any other Act may be made

22 available for the Department of Defense to develop, acquire,

23 by purchase or otherwise, any 52 caliber-variant of the

24 M109 155mm self-propelled howitzer.
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1 SEC. 8118. Notwithstanding any other provision of

2 law, funds and credits received from the contractor under

3 contract warranties for the failure of the first ultra high

4 frequency follow-on satellite shall no longer be available for

5 a replacement ultra high frequency satellite but shall be

6 made available to finance a replacement extremely high fre7 quency satellite and its launch.

8 (TRANSFER OF FUNDS)

9 SEC. 8120. Upon enactment of this Act, the Sec10 retary of Defense shall make the following transfers of

11 funds: Provided, That the amounts transferred shall be

12 available for the same purposes as the appropriations to

13 which transferred, and for the same time period as the

14 appropriation from which transferred: Provided further,

15 That the amounts shall be transferred between the follow16 ing appropriations in the amounts specified:

17 From:

18 Ω179æUnder the heading, ‘‘Shipbuilding

19 and Conversion, Navy, 1990/1994’’:

20 AOE combat support ship program,

21 $3,459,000;

22 Under the heading, ‘‘Research, Development,

23 Test and Evaluation, Navy, 1993/1994’’,

24 $3,459,000;

25 To:
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1 Under the heading, ‘‘Shipbuilding and

2 Conversion, Navy, 1986/1990’’:

3 MHC coastal mine hunter program,

4 $3,459,000;

5 From:

6 Ω180æUnder the heading, ‘‘Shipbuilding

7 and Conversion, Navy, 1990/1994’’:

8 AOE combat support ship program,

9 $46,000;

10 Oceanographic ship program,

11 $538,000;

12 For craft, outfitting, post delivery,

13 and ship special support equipment,

14 $994,000;

15 Under the heading, ‘‘Shipbuilding and

16 Conversion, Navy, 1991/1995’’:

17 For craft, outfitting, and post deliv18 ery, $3,806,000;

19 Under the heading, ‘‘Aircraft Procurement,

20 Navy, 1992/1994’’, $28,710,000;

21 Under the heading, ‘‘Shipbuilding and

22 Conversion, Navy, 1992/1996’’:

23 DDG–51 destroyer program,

24 $41,800,000;
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1 For craft, outfitting, and post deliv2 ery, $1,560,000;

3 Under the heading, ‘‘Weapons Procure4 ment, Navy, 1992/1994’’, $36,000,000;

5 Under the heading, ‘‘Aircraft Procurement,

6 Navy, 1993/1995’’, $3,400,000;

7 Under the heading, ‘‘National Guard and

8 Reserve Equipment, 1993/1995’’, $21,208,000;

9 Under the heading, ‘‘Research, Development,

10 Test and Evaluation, Navy, 1993/1994’’,

11 $88,846,000;

12 To:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1988/1992’’:

15 SSN–688 attack submarine program,

16 $26,596,000;

17 CVN nuclear aircraft carrier program,

18 $83,600,000;

19 LHD–1 amphibious assault ship pro20 gram, $3,258,000;

21 From:

22 Under the heading, ‘‘Aircraft Procurement,

23 Navy, 1992/1994’’, Ω181æ$28,890,000

24 $57,600,000;
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1 Ω182æUnder the heading, ‘‘Aircraft Pro2 curement, Navy, 1993/1995’’, $3,400,000;

3 Under the heading, ‘‘Shipbuilding and

4 Conversion, Navy, 1993/1997’’;

5 Refuelding overhauls, $909,000;

6 DDG–51 destroyer programs,

7 $14,400,000;

8 MHC coastal mine hunter program,

9 $9,343,000;

10 For craft, outfitting and post delivery,

11 $27,250,000;

12 Under the heading, ‘‘Weapons Procure13 ment, Navy, 1993/1995’’, $76,164,000;

14 Under the heading, ‘‘Weapons Procurement,

15 Navy, 1992/1994’’, $36,000,000;

16 Under the heading, ‘‘Other Procurement,

17 Navy, 1993/1995’’, $66,756,000;

18 To:

19 Under the heading, ‘‘Shipbuilding and

20 Conversion, Navy 1989/1993’’:

21 TRIDENT ballistic missile submarine

22 program, $11,655,000;

23 SSN–688 attack submarine program,

24 $26,972,000;
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1 SSN–21 attack submarine program,

2 $40,800,000;

3 DDG–51 destroyer program,

4 $71,500,000;

5 MHC coastal mine hunter program,

6 $9,429,000;

7 From:

8 Ω183æUnder the heading, ‘‘Other Procure9 ment, Navy, 1993/1995’’, $68,361,000;

10 Under the heading, ‘‘Research, Develop11 ment, Test and Evaluation, Navy, 1993/1995’’,

12 $45,000,000;

13 Under the heading, ‘‘Shipbuilding and Con14 version, Navy, 1990/1994’’:

15 AOE combat support ship program,

16 $3,505,000;

17 Oceanographic ship program,

18 $538,000;

19 Craft, outfitting, post delivery, and

20 ship special support equipment, $994,000;

21 Under the heading, ‘‘Weapons Procurement,

22 Navy, 1993/1995’’, $49,868,000;

23 To:

24 Under the heading, ‘‘Shipbuilding and

25 Conversion, Navy 1990/1994’’:
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1 TRIDENT ballistic missile submarine

2 program, $7,241,000;

3 DDG–51 destroyer program,

4 $40,100,000;

5 MCM mine countermeasures program,

6 $7,564,000;

7 Ω184æT–AGOS surveillance ship pro8 gram $58,456,000;

9 From:

10 Under the heading, ‘‘Shipbuilding and Con11 version, Navy, 1991/1995’’:

12 For craft, outfitting, and post delivery,

13 $45,865,000;

14 Under the heading, ‘‘Shipbuilding and Con15 version, Navy, 1992/1996’’:

16 DDG–51 destroyer program,

17 $41,800,000;

18 For craft, outfitting, post delivery, and

19 DBOF transfer, $6,260,000;

20 Under the heading, ‘‘Shipbuilding and Con21 version, Navy, 1993/1997’’:

22 DDG–51 destroyer program,

23 $14,400,000;

24 MHC coastal mine hunter program,

25 $9,343,000;
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1 For craft, outfitting, post delivery, and

2 first destination transportation, and infla3 tion adjustments, $45,177,000;

4 Under the heading, ‘‘Weapons Procure5 ment, Navy, 1993/1995’’, Ω186æ$24,015,000

6 $100,382,000;

7 Under the heading, ‘‘Other procurement,

8 Navy, 1993/1995’’, Ω187æ$102,439,000

9 $6,044,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and

12 Conversion, Navy, 1991/1995’’:

13 SSN–21 attack submarine program,

14 Ω188æ$70,654,000 $237,971,000;

15 DDG–51 destroyer program,

16 $31,300,000Ω189æ;

17 Under the heading, ‘‘Shipbuilding and

18 Conversion, Navy, 1993/1997’’:

19 LSD cargo variant ship program,

20 $24,500,000.

21 Ω190æSEC. 8121. None of the funds in this Act are

22 available for any board, committee, or panel which devel23 ops, sets, defines, or recommends National Foreign Intel24 ligence Program requirements: Provided, That this provi25 sion shall not apply to any such board, committee, or panel
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1 for which a majority of the members are not career intel2 ligence or cryptologic professionals.

3 SEC. 8122. The Departments of Defense and Air

4 Force are directed to obligate, no later than thirty days

5 after enactment of this Act, the $55,500,000 appropriated

6 for research and development in Public Law 102–396 only

7 for the continuance of the Space Nuclear Thermal Propul8 sion Program.

9 SEC. 8121. Notwithstanding any other provision of

10 law, funds appropriated in this Act for the upgrade, pur11 chase, or modernization of supercomputing capability and

12 capacity under the High Performance Computing Mod13 ernization program shall only be available for contracts,

14 contract modifications, or contract options which are

15 awarded without regard to the architecture or design of the

16 supercomputer system.

17 SEC. 8122. Amounts collected for the use of the facili18 ties of the National Science Center for Communications and

19 Electronics during the current fiscal year pursuant to sec20 tion 1459(g) of the Department of Defense Authorization

21 Act, 1986 and deposited to the special account established

22 under subsection 1459(g)(2) of that Act are appropriated

23 and shall be available until expended for the operation and

24 maintenance of the Center as provided for in subsection

25 1459(g)(2).
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1 SEC. 8123. The Secretary of Defense and the Direc2 tor of Central Intelligence shall deliver, in conjunction

3 with the fiscal year 1995 budget request, a report provid4 ing the following information about all research and devel5 opment projects involving the implementation, monitoring,

6 or verification of current and projected international arms

7 control agreements: (a) annual and total budgets, goals,

8 schedules, and priorities; (b) relationships among related

9 projects being funded by the Department of Defense, the

10 National Foreign Intelligence Program, and other depart11 ments and agencies of the Federal Government; and (c)

12 comments by the Arms Control and Disarmament Agency

13 about the relevance of each project to the arms control

14 priorities of the United States.

15 Ω191æSEC. 8124. Notwithstanding any other provi16 sion of law, none of the funds appropriated in this or any

17 other Act shall be used for the purchase of a totally en18 closed lifeboat survival system, which consists of the life19 boat and associated davits and winches, if less than 75

20 percent of the entire system’s components are manufac21 tured in the United States, and if less than 75 percent

22 of the labor in the manufacture and assembly of the entire

23 system is performed in the United States.

24 SEC. 8125. None of the funds appropriated by this

25 Act may be used (1) to transfer to the United Nations
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1 a facility in the continental United States for use as a

2 United Nations peacekleeping facility, or (2) for the ren3 ovation of such a facility in preparation for such a trans4 fer.

5 SEC. 8124. During the current fiscal year, funds re6 ceived from the sale of tanks and infantry fighting vehicles

7 under section 21 of the Arms Export Control Act (22 U.S.C.

8 2761) shall be available for the upgrading of tanks, infantry

9 fighting vehicles or armored personnel carriers in the man10 ner and to the extent specified by subsections 21(j)(1) and

11 (2) of that Act (22 U.S.C. 2761(j)(1) and (2)).

12 SEC. 8125. Amounts appropriated in this Act which

13 are available for the Small Business Innovation Research

14 Program and the Small Business Technology Transfer Pilot

15 Program portions of the extramural research and develop16 ment budget of the Department of Defense shall be the

17 amounts specifically identified for those programs in the

18 supporting documentation accompanying the Budget sub19 mitted for the Department of Defense, notwithstanding sec20 tions 9(f)(1) and (n)(1) of the Small Business Act (15

21 U.S.C. 638(f)(1) and (n)(1)).

22 Ω192æCOMPLIANCE WITH BUY AMERICAN ACT

23 SEC. 8126. No funds appropriated pursuant to this

24 Act may be expended by an entity unless the entity agrees

25 that in expending the assistance the entity will comply

26 with sections 2 through 4 of the Act of March 3, 1933
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1 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer2 ican Act’’).

3 SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE

4 SEC. 8127. (a) PURCHASE OF AMERICAN-MADE

5 EQUIPMENT AND PRODUCTS.—In the case of any equip6 ment or products that may be authorized to be purchased

7 with financial assistance provided under this Act, it is the

8 sense of the Congress that entities receiving such assist9 ance should, in expending the assistance, purchase only

10 American-made equipment and products.

11 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

12 providing financial assistance under this Act, the Sec13 retary of Defense shall provide to each recipient of the

14 assistance a notice describing the statement made in sub15 section (a) by the Congress.

16 PROHIBITION OF CONTRACTS

17 SEC. 8128. If it has been finally determined by a

18 court or Federal agency that any person intentionally af19 fixed a fraudulent label bearing a ‘‘Made in America’’ in20 scription, or any inscription with the same meaning, to

21 any product sold in or shipped to the United States that

22 was not made in the United States, such person shall be

23 ineligible to receive any contract or subcontract made with

24 funds provided pursuant to this Act, pursuant to the de25 barment, suspension, and ineligibility procedures de-
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1 scribed in section 9.400 through 9.409 of title 48, Code

2 of Federal Regulations.

3 RECIPROCITY

4 SEC. 8129. (a) GENERAL RULE.—Except as provided

5 in subsection (b), no contract or subcontract may be made

6 with funds authorized under this Act to a company orga7 nized under the laws of a foreign country unless the Sec8 retary finds that such country affords comparable oppor9 tunities to companies organized under laws of the United

10 States.

11 (b) EXCEPTION.—(1) The Secretary may waive the

12 rule stated under subsection (a) if the products or services

13 required are not reasonably available from companies or14 ganized under the laws of the United States. Any such

15 waiver shall be reported to the Congress.

16 (2) Subsection (a) shall not apply to the extent that

17 to do so would violate the General Agreement on Tariffs

18 and Trade or with any other international agreement to

19 which the United States is a party.

20 SEC. 8126. None of the funds appropriated by this or

21 any other Act with respect to any fiscal year for the Navy

22 may be used to carry out an electromagnetic pulse program

23 in the Chesapeake Bay area in connection with the Electro24 magnetic Pulse Radiation Environment Simulator for

25 Ships (EMPRESS II) program unless or until the Sec26 retary of Defense certifies to the Congress that conduct of
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1 the EMPRESS II program is essential to the national secu2 rity of the United States and to achieving requisite military

3 capability for United States naval vessels, and that the eco4 nomic, environmental, and social costs to the United States

5 of conducting the EMPRESS II program in the Chesapeake

6 Bay area are far less than the economic, environmental,

7 and social costs caused by conducting the EMPRESS II

8 program elsewhere.

9 SEC. 8127. Military personnel who separate from a

10 military department under the Voluntary Separation Ini11 tiative (VSI) or the Special Separation Bonus (SSB), and

12 who are eligible for service continuation bonuses such as

13 the reenlistment bonus or aviation continuation pay during

14 the same year in which they separate, will receive separa15 tion payments reduced by an amount equal to the amount

16 of the continuation bonus received by the member in the

17 year in which the member separates: Provided, That any

18 future continuation bonus payments to which the member

19 would otherwise be entitled are rescinded: Provided further,

20 That civilian employees of the Department of Defense are

21 prohibited from receiving voluntary separation payments

22 if such employees are rehired by another agency of the Fed23 eral Government within one hundred and eighty days of

24 separating from the Department of Defense.
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1 SEC. 8128. Under the heading ‘‘Research, Develop2 ment, Test and Evaluation, Army’’ in the Department of

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

4 delete the final proviso and insert in lieu thereof:

5 ‘‘: Provided further, That of the funds appro6 priated in this paragraph, $4,000,000 shall be used

7 only for a grant to the Assistive Technology Center at

8 the National Rehabilitation Hospital for laboratory

9 and other efforts associated with research and develop10 ment and other programs of major importance to the

11 Department of Defense’’.

12 SEC. 8129. None of the funds appropriated in this Act

13 may be used to pay for the costs of personnel, operations,

14 procurement of supplies or other items in support of the

15 Marshall Center.

16 SEC. 8130. None of the funds appropriated or other17 wise made available by this Act may be used for a defense

18 technology reinvestment project that is not selected pursu19 ant to the applicable competitive selection and other proce20 dures set forth in chapter 148 of title 10, United States

21 Code.

22 Ω193æSEC. 8131. The appropriations made under the

23 headings ‘‘Operation and Maintenance, Navy’’ and ‘‘Oper24 ation and Maintenance, Air Force’’ under chapter III of

25 title XI of the Dire Emergency Supplemental Appropria-
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1 tions Act, 1992, including disaster assistance to meet the

2 present emergencies arising from the consequences of Hurri3 cane Andrew, Typhoon Omar, Hurricane Iniki and other

4 natural disasters, and additional assistance to distressed

5 communities (Public Law 102–368) are each amended by

6 inserting ‘‘, the August 8, 1993 earthquake in Guam’’ im7 mediately after ‘‘Typhoon Omar’’ and by striking out ‘‘Sep8 tember 30, 1993’’ and inserting ‘‘September 30, 1994’’ in

9 lieu thereof.

10 Ω194æSEC. 8132. The appropriation, ‘‘Emergency Re11 sponse Fund, Defense’’ made under the heading ‘‘Emer12 gency Response Fund’’ by the Department of Defense Ap13 propriations Act, 1990 (Public Law 101–165) is amended

14 by inserting the following immediately after the third sen15 tence: ‘‘In addition to the foregoing, upon a determination

16 by the Secretary of Defense that such action is necessary,

17 the Fund may be used, in addition to other funds available

18 to the Department of Defense for such purposes, for expenses

19 of the Department of Defense which are incurred in supply20 ing supplies or services furnished in response to natural

21 or manmade disasters.’’.

22 Ω195æSEC. 8133. Of the funds appropriated or other23 wise made available by this Act not more than

24 $155,000,000 shall be available for payment of the operat25 ing costs of NATO Headquarters.
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1 Ω196æSEC. 8134. None of the funds appropriated by

2 this Act shall be available for a contract for studies, analy3 ses, or consulting services entered into without competition

4 on the basis of an unsolicited proposal unless the head of

5 the activity responsible for the procurement determines:

6 (1) as a result of thorough technical evaluation,

7 only one source is found fully qualified to perform the

8 proposed work, or

9 (2) the purpose of the contract is to explore an

10 unsolicited proposal which offers significant scientific

11 or technological promise, represents the product of

12 original thinking, and was submitted in confidence

13 by one source, or

14 (3) the purpose of the contract is to take advan15 tage of unique and significant industrial accomplish16 ment by a specific concern, or to insure that a new

17 product or idea of a specific concern is given finan18 cial support:

19 Provided, That this limitation shall not apply to contracts

20 in an amount of less than $25,000, contracts related to im21 provements of equipment that is in development or produc22 tion, or contracts as to which a civilian official of the De23 partment of Defense, who has been confirmed by the Senate,

24 determines that the award of such contract is in the interest

25 of the national defense.
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1 Ω197æSEC. 8135. Not later than January 1, 1994, the

2 Secretary of the Navy shall transfer, without reimburse3 ment, to the Secretary of State a tract of land consisting

4 of approximately 10 acres, together with improvements

5 thereon, which comprise that portion of the Naval Base,

6 Charleston, South Carolina, bounded by Bainbridge Ave7 nue, Holland Street, and Dyess Avenue and known as

8 buildings 646, 646A, 647, 643, 645, and 649, excluding

9 building 644, and all walkways and parking areas associ10 ated with such buildings: Provided, That the real property

11 transferred pursuant to this section shall be used by the Sec12 retary of State in support of diplomatic and consular oper13 ations: Provided further, That the exact acreage and legal

14 description of the property to be transferred under this sec15 tion shall be determined by a survey approved by the Sec16 retary of the Navy.

17 Ω198æSEC. 8136. Notwithstanding any other provi18 sion of law, the Secretary of Defense shall pay a death gra19 tuity to each Servicemen’s Group Life Insurance (SGLI)

20 beneficiary of each deceased member of the uniformed serv21 ices who died after October 28, 1992 and before December

22 1, 1992, and whose death was a death in the performance

23 of duty: Provided, That the amount of the death gratuity

24 payable to each beneficiary under this section shall be equal

25 to the SGLI paid or payable to such beneficiary under Sub-
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1 chapter III of chapter 19 of title 38, United States Code,

2 by reason of the death of such member: Provided further,

3 That no death gratuity shall be paid under this section

4 where the deceased member of the uniformed services affirm5 atively elected, in writing, to decline to apply for increased

6 SGLI coverage under paragraph (e) of section 1922A of title

7 38, United States Code: Provided further, That in the case

8 of a deceased member of the uniformed services who, prior

9 to death, affirmatively elected, in writing, to apply for an

10 increase in SGLI coverage in an amount less than $100,000

11 under paragraph (e) of section 1922A of title 38, U.S.C.,

12 the death gratuity paid under this section shall be equal

13 to the amount of the increase so elected: Provided further,

14 That a death gratuity shall be payable under this section

15 to a SGLI beneficiary upon receipt of a written application

16 therefor by the Secretary of Defense not later than Septem17 ber 30, 1994: Provided further, That, in addition to

18 amounts appropriated elsewhere in this Act, $5,300,000 is

19 appropriated and shall be available only for the settlement

20 of death gratuity claims under this section.

21 (TRANSFER OF FUNDS)

22 Ω199æSEC. 8137. During the current fiscal year and

23 thereafter, sales of stockpiled material in the National De24 fense Stockpile Transaction Fund in the Defense Business

25 Operations Fund may be made in amounts not to exceed

26 $500,000,000 in each fiscal year: Provided, That receipts
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1 from such sales as well as available fund balances may be

2 transferred to any appropriation available to the Depart3 ment of Defense to be merged with and to be available for

4 the same purposes and same time period as the appropria5 tion to which transferred, or may be deposited to the mis6 cellaneous receipts of the Treasury: Provided further, That

7 the Secretary of Defense may impose a moratorium on the

8 acquisition of new material for the National Defense Stock9 pile for the purpose of reducing existing excess material in

10 the Stockpile.

11 Ω200æSEC. 8138. The Assistant Secretary of Defense

12 for Health Affairs shall, during the current fiscal year, ini13 tiate a managed health care program for eligible bene14 ficiaries in the area of Homestead Air Force Base: Pro15 vided, That this program shall provide benefits and services

16 substantially identical to those established to serve bene17 ficiary populations in areas where military medical facili18 ties have been terminated, to include retail pharmacy net19 works available to Medicare-eligible beneficiaries: Provided

20 further, That the Assistant Secretary of Defense for Health

21 Affairs shall present a plan to implement this program to

22 the House and Senate Committees on Appropriations not

23 later than January 15, 1994.
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1 Ω201æ(RESCISSIONS)

2 SEC. 8139. Of the funds provided in Department of

3 Defense Appropriations Acts, the following funds are hereby

4 rescinded from the following accounts in the specified

5 amounts:

6 ‘‘Aircraft Procurement, Army, 1993/1994’’,

7 $42,700,000;

8 ‘‘Wheeled and Tracked Combat Vehicles, Army,

9 1993/1995’’, $4,700,000;

10 ‘‘Procurement of Ammunition, Army, 1992/

11 1994’’, $30,181,000;

12 ‘‘Procurement of Ammunition, Army, 1993/

13 1995’’, $32,580,000;

14 ‘‘Weapons Procurement, Navy, 1992/1994’’,

15 $15,000,000;

16 ‘‘Weapons Procurement, Navy, 1993/1995’’,

17 $47,500,000;

18 ‘‘Other Procurement, Navy, 1993/1995’’,

19 $26,600,000;

20 ‘‘Procurement, Marine Corps, 1992/1994’’,

21 $10,285,000;

22 ‘‘Procurement, Marine Corps, 1993/1995’’,

23 $6,508,000;

24 ‘‘Missile Procurement, Air Force, 1993/1995’’,

25 $57,600,000;
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1 ‘‘Other Procurement, Air Force, 1993/1995’’,

2 $63,206,000;

3 ‘‘Other Procurement, Air Force, 1992/1994’’,

4 $17,276,000;

5 ‘‘Research, Development, Test and Evaluation,

6 Navy, 1993/1994’’, $13,100,000.

7 Ω202æSEC. 8140. In addition to amounts appro8 priated elsewhere in this Act, $25,000,000 is appropriated

9 for the subsidy of loan guarantees to carry out the program

10 established under section 1052 of S. 1298 as it passed the

11 Senate on September 14, 1993: Provided, That such section

12 is enacted into law.

13 Ω203æSEC. 8141. The Under Secretary of Defense for

14 Acquisition shall develop a detailed plan and schedule to

15 implement the transition of the Defense Nuclear Agency and

16 the integration of its militarily essential functions into the

17 military services and Advanced Research Projects Agency:

18 Provided, That none of the funds made available by this

19 Act shall be available to implement changes in current DNA

20 operations until 30 days after the plan and schedule have

21 been approved by the Under Secretary of Defense for Acqui22 sition and submitted to the Congressional defense commit23 tees for review: Provided further, That the Under Secretary

24 of Defense for Acquisition shall submit the aforementioned
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1 transition plan and schedule not later than February 1,

2 1994.

3 Ω204æSEC. 8142. (a) No funds appropriated under

4 this Act may be obligated or expended for the purpose of

5 establishing the Antler Military Operations Area, Penn6 sylvania, for the purpose of conducting aerial combat train7 ing operations until the date of the submittal to congres8 sional defense committees of the report referred to in sub9 section (b).

10 (b)(1)(A) The Secretary of Defense, in consultation

11 with the Administrator of the Environmental Protection

12 Agency and the Administrator of the Federal Aviation Ad13 ministration, shall submit to the congressional defense com14 mittees a report on the effect of low-level aircraft training

15 operations of the Department of Defense on the proposed

16 Antler Military Operations Area, Pennsylvania.

17 (B) The Secretary shall submit the report not later

18 than 6 months after the date of the enactment of this Act.

19 (2) The report under this subsection shall include the

20 following:

21 (A) An assessment of the effect of the training

22 operations referred to in paragraph (1) on—

23 (i) the environment of the areas of, and in

24 the vicinity of, the proposed Antler Military Op25 erations Area, including a detailed assessment of
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1 the effects of the noise generated by such oper2 ations on the environment of such areas;

3 (ii) the economy of such areas; and

4 (iii) the health and safety of persons living

5 in and around such areas.

6 (B) A description of the number of aircraft

7 flights per month that the Secretary anticipates will

8 occur in the proposed Antler Military Operations

9 Area.

10 (C) A description of the number and duration of

11 such flights per month that the Secretary anticipates

12 will occur at or below a level that is 500 feet above

13 the highest ground level of the proposed Antler Mili14 tary Operations Area.

15 (c) In this section, the term ‘‘congressional defense

16 committees’’ means the Committees on Armed Services and

17 the Committees on Appropriations of the Senate and House

18 of Representatives.

19 Ω205æSEC. 8143. Notwithstanding any other provi20 sion of law, within 30 days from the enactment of this Act,

21 the Department of the Navy shall select and take possession

22 of either LCU–1540 or LCU–1549 from the General Serv23 ices Administration: Provided, That the Navy shall modify

24 or have modified the selected vessel utilizing commercial

25 standards that meet United States Coast Guard certifi-
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1 cation requirements as safe to operate in open ocean as a

2 cargo vessel: Provided further, That upon completion of all

3 modifications and certification by the United States Coast

4 Guard, the Navy shall immediately transfer title of the ves5 sel, at no cost, to the government of American Samoa: Pro6 vided further, That of the funds appropriated in this Act

7 in title II, Operation and Maintenance, Navy, $1,500,000

8 shall be available for this purpose: Provided further, That

9 notwithstanding any other provision of law, funds available

10 to the Department of Defense shall be made available to pro11 vide transportation of medical supplies and equipment, on

12 a nonreimbursable basis, to American Samoa.

13 Ω206æSEC. 8144. Notwithstanding any other provi14 sion of this or any other Act, the total amount obligated

15 or expended for procurement of the SSN–21 and SSN–22

16 Seawolf attack submarines may not exceed $4,673,371,000.

17 Ω207æSEC. 8145. (a)(1) The Comptroller General shall

18 carry out a study of the cost-effectiveness to the Navy of

19 the utilization of nuclear-powered aircraft carriers and nu20 clear-powered submarines.

21 (2) The study shall include—

22 (A) a comparison of the life-cycle cost of nuclear23 powered aircraft carriers and nuclear-powered sub24 marines with the life-cycle cost of conventionally-pow-
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1 ered aircraft carriers and conventionally-powered

2 submarines, as the case may be;

3 (B) a comparison of the cost of procuring nu4 clear-powered aircraft carriers with the cost of carry5 ing out the service-life extension or complex overhaul

6 of existing conventionally-powered aircraft carriers;

7 (C) a comparison of the projected cost to the

8 Navy of operating a fleet of aircraft carriers utilizing

9 homeports located at foreign overseas installations

10 with the projected cost of operating such a fleet utiliz11 ing both foreign overseas homeports and homeports lo12 cated in the United States;

13 (D) an assessment of the effect on the projected

14 costs referred to in subparagraph (C) of—

15 (i) the plan, if any, of the Navy for the lo16 cation of a homeport for a nuclear-powered air17 craft carrier in the Western Pacific region in the

18 event of the retirement of all conventionally-pow19 ered aircraft carriers in the fleet; and

20 (ii) restrictions imposed by foreign nations

21 on utilizing installations located in such nations

22 as homeports for nuclear-powered aircraft car23 riers, and on the operation of such carriers in

24 the waters of such nations;
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1 (E) an assessment of the number of aircraft car2 riers required by the Navy in order to meet oper3 ational requirements for a continuous presence of air4 craft carriers in three overseas regions simultaneously

5 in the event that foreign nations prohibit the utiliza6 tion of locations in such nations as homeports for nu7 clear-powered aircraft carriers;

8 (F) an assessment of the refueling (including any

9 complex overhaul of the fueling system and nuclear

10 propulsion system) required for the nuclear-powered

11 aircraft carriers of the fleet through 2010, includ12 ing—

13 (i) a schedule for such refueling;

14 (ii) the cost of such refueling; and

15 (iii) the cost of disposing of the waste gen16 erated by such refueling;

17 (G) a detailed description of all programs of the

18 Department of Defense and of the Department of En19 ergy relating to nuclear propulsion systems for naval

20 ships (including surface ships and submarines) that

21 utilize such systems; and

22 (H) a detailed estimate of the costs associated

23 with processing or otherwise disposing of nuclear fuel

24 and other nuclear material (including nuclear waste)
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1 from the existing nuclear-powered fleet of ships (in2 cluding surface ships and submarines) of the Navy.

3 (3) In determining the life-cycle costs associated with

4 nuclear-powered aircraft carriers and nuclear-powered sub5 marines for the purposes of the study under this subsection,

6 the Comptroller General shall take into account the cost of

7 processing or otherwise disposing of nuclear fuel and other

8 nuclear material (including nuclear waste) removed from

9 such aircraft carriers and submarines.

10 (b) The Comptroller General shall submit to the Com11 mittees on Armed Services and the Committees on Appro12 priations of the Senate and House of Representatives a re13 port on a study carried out under subsection (a) not later

14 than 6 months after the date of the enactment of this Act.

15 Ω208æSEC. 8146. (a) It is the sense of Congress that—

16 (1) the Secretary of Defense should not prohibit

17 any military installation described in subsection (b)

18 from bidding on or performing Department of Defense

19 contracts for overhaul services or for depot-level main20 tenance of material for the Armed Forces that are

21 awarded using competitive procedures;

22 (2) performance of such a contract by such a

23 military installation should not affect the schedule for

24 closure of the installation;
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1 (3) such a contract should not be entered into for

2 the performance of work at such an installation if the

3 time necessary for performance of the contract extends

4 beyond the date established for closure of the installa5 tion or if the performance of the contract at the in6 stallation would otherwise affect the schedule for clo7 sure of the installation; and

8 (4) such a contract awarded to a military instal9 lation should be terminated for default if the contract

10 is not completed on or before the completion date pro11 vided in the contract.

12 (b) A military installation referred to in subsection (a)

13 is a military installation that (1) has been approved for

14 closure subject to the provisions of the Defense Base Closure

15 and Realignment Act of 1990 (part A of title XXIX of Pub16 lic Law 101–510), (2) is in the process of implementing

17 a conversion or reuse strategy for the installation to take

18 effect upon closure, and (3) has received some funds from

19 the Department of Defense for the purpose of implementing

20 the conversion or reuse strategy.

21 Ω209æSEC. 8147. It is the sense of the Congress that

22 operators of industrial facilities at military installations

23 closed after the date of the enactment of this Act should be

24 permitted to qualify as offerors for (1) proposed Department

25 of Defense contracts for overhaul services for the Armed
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1 Forces, and (2) proposed Department of Defense contracts

2 for depot-level maintenance of material for the Armed

3 Forces.

4 Ω210æSEC. 8148. (a) Notwithstanding any other pro5 vision of law, none of the funds appropriated by this Act

6 or any other Act, or otherwise made available, to the De7 partment of Defense may be obligated to carry out a test

8 program for determining the cost effectiveness of transfer9 ring to the private sector the mission of operating one or

10 more preparatory schools for the United States Military

11 Academy, the United States Naval Academy, and the

12 United States Air Force Academy.

13 Ω211æSEC. 8149. It is the sense of the Senate that the

14 Government of the United States and the Government of

15 Saudi Arabia should work diligently and without delay to

16 resolve satisfactorily the outstanding commercial disputes

17 identified in the Department of Commerce letter; date May

18 27, 1992: Provided, That not later than February 1, 1994,

19 the Secretary of Defense, after consultation with the Sec20 retary of State and the Secretary of Commerce, shall submit

21 a report to the Congress on the status of the process for the

22 resolution of commercial disputes in Saudi Arabia and the

23 prognosis for any of the disputes which remain unresolved.

24 Ω212æSEC. 8150. It is the sense of the Senate that—
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1 (a) the Secretary of the Air Force consider the

2 comments of the appropriate representatives of the

3 Duck Valley Reservation of the Shoshone-Paiute

4 Tribes in making decisions on use of airspace above

5 such reservation,

6 (b) the interests of the Duck Valley Reservation

7 of the Shoshone-Paiute Tribes receive the appropriate

8 consideration under any pending or future National

9 Environmental Policy Act process involving airspace

10 over Duck Valley Reservation, and

11 (c) to the extent practicable, airspace used for

12 military training flights below 15,000 feet above

13 ground level over the Duck Valley Reservation shall be

14 over uninhabited areas of the Reservation.

15 Ω213æSEC. 8151. Notwithstanding any other provi16 sion of law (including any regulation), with respect to the

17 public sponsor of a primary levee located in the area that

18 was affected by major, widespread flooding in the Midwest

19 during 1993 and that was designed for a 5-year flood or

20 a higher level flood, the eligibility of the public sponsor of

21 the levee to receive assistance through the levee rehabilita22 tion assistance program of the Army Corps of Engineers

23 shall not be affected by the status of participation (or lack

24 of participation) of the public sponsor in the program. A

25 public sponsor of a levee who becomes eligible to receive as-
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1 sistance under the program pursuant to the preceding sen2 tence may, not later than September 30, 1994, submit an

3 application to participate in the program.

4 Ω214æSEC. 8152. (a) It is the sense of the Congress

5 that, for purposes of section 112 of the Internal Revenue

6 Code of 1986, the President should declare that service in

7 Somalia during the period described in subsection (b)

8 should be treated as service in a combat zone.

9 (b) The period referred to in subsection (a) is the pe10 riod beginning on December 10, 1992, and ending on the

11 date on which withdrawal from Somalia of all forces of the

12 Armed Forces of the United States in Somalia has been

13 completed, as declared in a proclamation issued by the

14 President.

15 Ω215æSEC. 8153. CONGRESSIONAL HEARINGS ON THE

16 COMMITMENT OF UNITED STATES TROOPS IN SOMALIA AND

17 HAITI.—(a) FINDINGS.—

18 (1) Public hearings are essential in ensuring

19 broadbased understanding of and support for United

20 States policies;

21 (2) Since United States troops were committed

22 in Somalia, the original humanitarian mission has

23 been significantly expanded to include nation-build24 ing, as evidenced in United Nations Security Council

25 Resolution 814;
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1 (3) Since the commitment of United States

2 troops in Somalia, the Senate of the United States

3 has received only update briefings or has held closed

4 hearings on United States actions there and has held

5 only one public hearing;

6 (4) To date, thirty United States troops have lost

7 their lives since United States troops were committed

8 in Somalia;

9 (5) Since the most recent disaster where eighteen

10 Americans lost their lives, seventy-six were wounded

11 and one was captured, the President has announced

12 his intention to commit several thousand additional

13 United States troops;

14 (6) Six American warships sit off the coast of

15 Haiti and six hundred Americans wait to be deployed

16 as part of a United Nations peacekeeping force.

17 (b) SENSE OF SENATE.—It is the sense of the Senate

18 that—

19 (1) the appropriate committees of the Senate

20 should hold public hearings at the earliest practicable

21 date with the Secretaries of State and Defense as wit22 nesses on the commitment of United States troops in

23 Somalia and Haiti as members of the United Nations

24 peacekeeping force; and
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1 (2) the appropriate committees should promptly

2 hold investigative, public hearings on the October 3,

3 1993 incident in Mogadishu, Somalia in which seven4 teen American soldiers were killed and at least sev5 enty-six were wounded as part of the United Nations

6 peacekeeping operation.

7 Ω216æSEC. 8154. Notwithstanding any other provi8 sion of law, the Secretary of the Navy shall obligate the

9 funds appropriated for fiscal years 1992 and 1993 for the

10 USH–42 Mission Recorder program within the A–6 air11 craft program: Provided, That the Secretary of the Navy

12 verifies that a mission recorder is required in the future

13 for Navy attack aircraft for peacetime training and bomb

14 damage assessment in combat: Provided further, That the

15 Secretary shall make this verification within sixty days of

16 this Act becoming law: Provided further, That the Secretary

17 shall obligate such funds within sixty days of this verifica18 tion that a mission recorder is required in Navy attack air19 craft for peacetime training and bomb damage assessment

20 in combat.

21 Ω217æSEC. 8155. The Secretary of Defense shall sub22 mit to Congress an annual report containing information

23 on the cost to the United States of transporting supplies

24 for the Army, Navy, Air Force, or Marine Corps by sea

25 on United States-flag commercial vessels pursuant to the
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1 cargo preference laws of the United States, including the

2 amount of the cost savings that could have been realized

3 if such supplies had been transported at competitive inter4 national shipping rates available from non-cargo preference

5 vessels, the subsidization of foreign-flag vessels, and the im6 pact on the viability of the United States merchant marine

7 if the cargo preference requirements were ended. The annual

8 report shall cover a cargo preference year which shall be

9 a 12-month period defined by the Secretary.

10 Ω218æSEC. 8156. None of the funds appropriated for

11 the Department of Defense for fiscal year 1994 by this Act

12 may be used for making any progress payment under the

13 C–17 aircraft program that is not consistent with the re14 quirements of section 2307(d)(1) of title 10, United States

15 Code.

16 Ω219æSEC. 8157. No provision of this Act or any other

17 Act concerning Department of Defense programs, projects,

18 or activities involving community adjustment assistance,

19 research or development at colleges or universities, strategic

20 environmental research, or environmental restoration may

21 be construed as requiring a contract to be awarded, or as

22 requiring a grant to be made, to a specific non-Federal Gov23 ernment entity for a new program, project, or activity.

24 Ω220æSEC. 8158. (a) Is is the sense of Congress that

25 none of the funds appropriated or otherwise made available
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1 by this Act should be available for the purposes of deploying

2 United States Armed Forces to participate in the imple3 mentation of a peace settlement in Bosnia-Herzegovina, un4 less previously authorized by the Congress.

5 (b) It is the sense of Congress that the limitation set

6 forth in subsection (a) should not preclude missions and

7 operations initiated on or before October 20, 1993, includ8 ing the provision of any humanitarian assistance by the

9 Department of Defense.

10 Ω221æSEC. 8159. SENSE OF CONGRESS ON THE USE

11 OF FUNDS FOR UNITED STATES MILITARY OPERATIONS IN

12 HAITI.—(a) STATEMENT OF POLICY.—It is the sense of the

13 Congress that—

14 (1) all parties should honor their obligations

15 under the Governors Island Accord of July 3, 1993

16 and the New York Pact of July 16, 1993;

17 (2) the United States has a national interest in

18 preventing uncontrolled emigration from Haiti; and

19 (3) the United States should remain engaged in

20 Haiti to support national reconciliation and further

21 its interest in preventing uncontrolled emigration.

22 (b) LIMITATION.—It is the sense of Congress that funds

23 appropriated by this Act should not be obligated or ex24 pended for United States military operations in Haiti un25 less—
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1 (1) authorized in advance by the Congress; or

2 (2) the temporary deployment of United States

3 Armed Forces into Haiti is necessary in order to pro4 tect or evacuate United States citizens from a situa5 tion of imminent danger and the President reports as

6 soon as practicable to Congress after the initiation of

7 the temporary deployment, but in no case later than

8 forty eight hours after the initiation of the temporary

9 deployment; or

10 (3) the deployment of United States Armed

11 Forces into Haiti is vital to the national security in12 terests of the United States, including but not limited

13 to the protection of American citizens in Haiti, there

14 is not sufficient time to seek and receive Congres15 sional authorization, and the President reports as

16 soon as practicable to Congress after the initiation of

17 the deployment, but in no case later than forty eight

18 hours after the initiation of the deployment; or

19 (4) the President transmits to the Congress a

20 written report pursuant to subsection (c).

21 (c) REPORT.—It is the sense of Congress that the limi22 tation in subsection (b) should not apply if the President

23 reports in advance to Congress that the intended deploy24 ment of United States Armed Forces into Haiti—
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1 (1) is justified by United States national secu2 rity interests;

3 (2) will be undertaken only after necessary steps

4 have been taken to ensure the safety and security of

5 United States Armed Forces, including steps to ensure

6 that United States Armed Forces will not become tar7 gets due to the nature of their rules of engagement;

8 (3) will be undertaken only after an assessment

9 that—

10 (A) the proposed mission and objectives are

11 most appropriate for the United States Armed

12 Forces rather than civilian personnel or armed

13 forces from other nations, and

14 (B) that the United States Armed Forces

15 proposed for deployment are necessary and suffi16 cient to accomplish the objectives of the proposed

17 mission;

18 (4) will be undertaken only after clear objectives

19 for the deployment are established;

20 (5) will be undertaken only after an exit strategy

21 for ending the deployment has been identified; and

22 (6) will be undertaken only after the financial

23 costs of the deployment are estimated.

24 (d) DEFINITION.—As used in this section, the term

25 ‘‘United States military operations in Haiti’’ means the
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1 continued deployment, introduction or reintroduction of

2 United States Armed Forces into the land territory of

3 Haiti, irrespective of whether those Armed Forces are under

4 United States or United Nations command, but does not

5 include activities for the collection of foreign intelligence,

6 activities directly related to the operations of United States

7 diplomatic or other United States Government facilities, or

8 operations to counter emigration from Haiti.

9 Ω222æSEC. 8160. Of the funds appropriated for title

10 III of this Act, $50,000,000 shall be made available for obli11 gation until September 30, 1996 for the Department of De12 fense Pilot Mentor-Protege Program, pursuant to section

13 831 of the National Defense Authorization Act for fiscal

14 year 1991 (Public Law 101–510; 10 U.S.C. 2301 note), as

15 amended: Provided, That funds made available may be used

16 by a military service or a Defense agency to reimburse costs

17 incurred by a contractor (or subcontractor) under an ap18 proved contract line item for the provision of mentoring as19 sistance pursuant to an approved Mentor-Protege Program

20 developmental assistance agreement.

21 Ω223æSEC. 8161. It is the sense of the Congress that

22 the United States Department of Justice should investigate

23 whether any Federal criminal civil rights laws were vio24 lated as a result of (1) the murder of Yankel Rosenbaum
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1 on August 19, 1991, and (2) the circumstances surrounding

2 the murder and accompanying riots in Crown Heights.

3 Ω224æTITLE IX

4 SEC. 9001. Congress makes the following findings:

5 (1) The Armed Forces of the United States have

6 conducted combat operations under the operational

7 control of foreign commanders on numerous occasions,

8 including during two World Wars.

9 (2) Regional security organizations, such as the

10 North Atlantic Treaty Organization, are premised on

11 military operations by the forces of a number of na12 tions under an integrated chain of command consist13 ing of officers from member nations.

14 (3) The end of the Cold War has seen a substan15 tial increase in the conduct of international ‘‘peace16 keeping’’ and ‘‘peace enforcement’’ operations pursu17 ant to decisions of the United Nations Security Coun18 cil under Chapters VI and VII of the United Nations

19 Charter.

20 (4) The United Nations has conducted tradi21 tional ‘‘peacekeeping’’ operations successfully over the

22 years, but the number and size of such operations has

23 stretched the Organization’s management and over24 sight capabilities thin.
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1 (5) The United Nations has not yet acquired the

2 expertise or infrastructure to enable it to effectively

3 manage ‘‘peace enforcement’’ operations.

4 (6) Any special agreement negotiated by the

5 President with the United Nations Security Council

6 to make units of the United States Armed Forces

7 available on call to the United Nations must be ap8 proved by the Congress pursuant to the United Na9 tions Participation Act, enacted into law in 1945.

10 (7) Any decision by the President to place com11 bat forces of the Armed Forces of the United States

12 under the operational control of foreign commanders,

13 other than pursuant to the North Atlantic Treaty and

14 other arrangements in effect at the time of the enact15 ment of this Act, has significant consequences for such

16 forces, the Congress, and the American people.

17 SEC. 9002. It is the sense of the Congress that—

18 (1) the Armed Forces of the United States must

19 be under the operational control of qualified com20 manders; and must have clear and effective command

21 and control arrangements; appropriate rules of en22 gagement; and clear and unambiguous mission state23 ments;

24 (2) the President should consult with Congress

25 before placing combat forces of the Armed Forces of
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1 the United States under the operational control of for2 eign commanders, other than pursuant to the North

3 Atlantic Treaty and other arrangements in effect at

4 the time of the enactment of this Act; and

5 (3) the President should submit a report to Con6 gress within 48 hours after placing combat forces of

7 the Armed Forces of the United States under the oper8 ational control of foreign commanders, other than

9 pursuant to the North Atlantic Treaty and other ar10 rangements in effect at the time of the enactment of

11 this Act, setting forth—

12 (A) the mission of such forces and a clear

13 explanation of the difference, if any, between the

14 mission of such forces and the mission of the

15 forces of other nations participating in the same

16 military operations;

17 (B) in a case in which the operation is con18 ducted under the auspices of the United Nations,

19 an assessment of the United Nations capability

20 to effectively manage the operation;

21 (C) an explanation of the United States in22 terest that would be served by and the justifica23 tion for placing such forces under the operational

24 control of a foreign commander in this instance;
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1 (D) the command and control arrangements

2 for the operation of which the forces of the Armed

3 Forces of the United States are a part;

4 (E) the number, type and general descrip5 tion of equipment of such forces;

6 (F) the estimated cost to the United States

7 of the participation of such forces;

8 (G) the anticipated duration of the partici9 pation of such forces;

10 (H) a general description of the rules of en11 gagement for such forces; and

12 (I) the foreign commander or commanders

13 involved.

14 Ω225æTITLE X

15 SEC. 10001. CONVEYANCE OF KAHO’OLAWE ISLAND, HAWAII,

16 TO THE STATE OF HAWAII.

17 (a) PURPOSE.—It is timely and in the interest of the

18 United States to recognize and fulfill the commitments

19 made on behalf of the United States to the people of Hawaii

20 and to return to the State of Hawaii the Island of

21 Kaho’olawe. Kaho’olawe Island is among Hawaii’s historic

22 lands and has a long, documented history of cultural and

23 natural significance to the people of Hawaii reflected, in

24 part, in the Island’s inclusion on the National Register of

25 Historic Places and in the longstanding interest in the re-
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1 turn of the Island to State sovereignty, public access and

2 use. Congress finds that control, disposition, use and man3 agement of Kaho’olawe is affected with a Federal interest.

4 It also is in the national interest and an obligation under5 taken by Congress and the United States under this and

6 other Acts, and in furtherance of the purposes of Executive

7 Order 10436 (1953), to recognize the cultural and humani8 tarian value of assuring meaningful, safe use of the Island

9 for appropriate cultural, historical, archaeological and edu10 cational purposes as determined by the State of Hawaii and

11 to provide for the clearance or removal of unexploded ord12 nance and for the environmental restoration of the Island

13 for such purposes. Congress also finds it is in the national

14 interest and an essential element in the Federal Govern15 ment’s relationship with the State of Hawaii to ensure that

16 the conveyance, clearance or removal of unexploded ord17 nance, environmental restoration, control of access to the

18 Island and future use of the Island be undertaken in a man19 ner consistent with the enhancement of that relationship,

20 the Department of Defense’s military mission and the Fed21 eral interest.

22 (b) MODEL DEMONSTRATION PROJECT.—It is in the

23 national interest that the clearance or removal of

24 unexploded ordnance and the environmental restoration of

25 Kaho’olawe serve as a model demonstration project that in-
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1 corporates the use of innovative technologies and a remedy

2 selection process that will expedite and economize such

3 clearance or removal and environmental restoration while

4 maintaining meaningful participation by affected parties

5 and assuring the protection of human health and the envi6 ronment.

7 (c) CONVEYANCE.—Subject to section 10001(d) and

8 section 10008(b) of this Act, the United States, through the

9 Secretary of the Navy (also, hereinafter, ‘‘the Secretary’’),

10 shall convey and return, without consideration and without

11 conditions other than those set forth in this title, to the State

12 of Hawaii all right, title and interest of the United States,

13 except that interest set forth in section 10002(a)(4) and sec14 tion 10004 of this Act, in and to that parcel of property

15 consisting of approximately 28,776 acres of land known as

16 Kaho’olawe Island, Hawaii and its surrounding waters.

17 Such conveyance of title shall occur no later than 180 days

18 from the date of enactment of this Act and the appropria19 tion of funds for such purposes described in this title.

20 (d) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of the parcel of property to be con22 veyed under section 10001(c) shall be determined by a sur23 vey that is deemed satisfactory by the State of Hawaii in

24 consultation with the Secretary. The cost of the survey shall
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1 be borne by the Secretary, making use of funds provided

2 pursuant to this title.

3 SEC. 10002. ORDNANCE CLEARANCE OR REMOVAL ON

4 KAHO’OLAWE ISLAND, HAWAII.

5 (a) ORDNANCE CLEARANCE OR REMOVAL.—(1) Subject

6 to section 10008(b) of this Act, the Secretary of the Navy

7 shall, in compliance with the two-tiered standard of ord8 nance clearance, removal, restoration and safety contained

9 in subsection (a)(2) of this section—

10 (A) detect and clear or remove from Kaho’olawe

11 Island and its adjacent waters, all unexploded ord12 nance, the remains of exploded ordnance, and solid

13 waste associated with such ordnance or with the use

14 of Kaho’olawe Island by the United States for bomb15 ing training, gunnery training, or other munitions

16 training.

17 (2) Kaho’olawe Island shall be restored for use in ac18 cordance with the following requirements:

19 (A) TIER ONE RESTORATION AREA.—The entire

20 Island shall, in a manner consistent with the pur21 poses of this title and with the protection of surface

22 and below surface historical and cultural sites and

23 artifacts, be restored to a condition that is reasonably

24 safe for human access and visitation and in accord25 ance with standard methodologies for such restoration
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1 as determined by the Secretary in accordance with

2 the purposes of this title. Subsequent to the transfer

3 to the State of Hawaii of responsibility for the control

4 of access, as provided in section 10006 of this Act, the

5 Navy shall continue to undertake, upon the reasonable

6 request of the State, and at regular intervals, reason7 able and prudent clean-up measures using standard

8 methodologies. Within such Tier One Restoration

9 Area, and in accordance with sections 10005 and

10 10006 of this Act, approximately 22,600 acres of the

11 approximately 28,776 acres on the Island and sub12 merged land in the surrounding waters to a depth of

13 120 feet shall be subjected to surface clearance only.

14 (B) TIER TWO RESTORATION ENCLAVES.—En15 claves within the Island, as identified in clauses (i),

16 (ii), (iii) and (iv) below and not exceeding approxi17 mately 6,200 acres, shall be restored to a condition

18 that is reasonably safe for the human habitation nec19 essary to accomplish the cultural, historical, archae20 ological and educational purposes of this title, to as21 sure the uses set forth in clauses (i), (ii), (iii) and

22 (iv) below and in accordance with the best available

23 technology and methodology for such restoration:

24 (i)(a) not more than approximately 4,700

25 acres for the purpose of grasslands and related
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1 uses; and (b) those locations, including trails,

2 roads and historical, cultural and archaeological

3 enclaves identified by the State under section

4 10002(C), that shall not exceed an additional

5 1,400 acres;

6 (ii) no more than three specially designated

7 navigational channels to the Island suitable for

8 visitation, including the adjacent shoreline area;

9 (iii)(a) not more than approximately 10

10 acres for reasonably safe, human habitation sites,

11 as defined in subparagraph (B) of this section,

12 that shall include but not be limited to the sites

13 designated as Hanakanaia to Lae Paki, Kuheia/

14 Kaulana, Ahupu, Hakioawa, Pu’u Moaulanui,

15 Seagull Station, Kamohio Station, Halona Sta16 tion, Honokoa, and Kanapou; and (b) approxi17 mately 47 acres of reservoirs designated as Lua

18 Kealialalo, Lua Kealialuna and Lua Makika;

19 and

20 (iv) approximately 5 acres on not more

21 than three locations to be used as heliports.

22 (C) DESCRIPTION OF TIER TWO RESTORATION

23 ENCLAVES.—The precise description for the Tier Two

24 Restoration Enclaves, prepared through standard

25 methodologies, shall be submitted to the Navy by the
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1 State of Hawaii within 180 days of the enactment of

2 this Act. Any reasonable enlargement to the size or

3 modification to the location of the Tier Two Restora4 tion Enclaves shall be agreed to by the Secretary of

5 the Navy. Such reasonable enlargement or modifica6 tion shall be determined and undertaken within the

7 time period identified in section 10002(a)(3). The cost

8 of such enlargement or modification shall be borne by

9 the Secretary, making use only of funds provided pur10 suant to this title.

11 (3) The Secretary shall commence the activities de12 scribed in sections 10002(a) (1) and (2) as soon as possible

13 but not later than 180 days after the enactment of this Act

14 and continue such activities in accordance with reasonable

15 expedition until completed. Such activities required in sec16 tion 10002 shall be completed within 10 years of the enact17 ment of this Act and the appropriation of funds for such

18 activities.

19 (4) Notwithstanding any other provision of section

20 10002, the Secretary shall retain the control of access to

21 the Island, in consultation with the State of Hawaii and

22 prior to and following the entering into force of the Memo23 randum of Understanding contained in section 10006 of

24 this Act, until clearance and restoration is completed and

25 control of access is transferred to the State of Hawaii.
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1 (5) The Secretary shall carry out the requirements of

2 section 10002 following consultation with the State of Ha3 waii as required by section 10006 of this Act and with the

4 technical and logistical support, as needed, of the United

5 States Army Corps of Engineers and other Federal agencies.

6 (6) No Federal permit shall be required by the United

7 States, its departments, agencies or instrumentalities for

8 any portion of the removal, restoration and clean-up work

9 pursuant to the Act and conducted entirely on Kaho’olawe

10 Island or in its adjacent waters.

11 (7) Except as provided in section 10004 regarding li12 ability and in section 10003 regarding the completion of

13 activities and in section 10002(a)(2)(A) regarding regular

14 interval clean-ups and new discoveries of previously unde15 tected ordnance, the Secretary’s obligations and responsibil16 ities under this title shall terminate 10 years after the en17 actment of this Act.

18 SEC. 10003. ENVIRONMENTAL REMEDIATION OF

19 KAHO’OLAWE ISLAND, HAWAII AND ADJACENT

20 WATERS.

21 (a) ASSESSMENT OF ADDITIONAL ENVIRONMENTAL

22 CLEAN-UP FOR HAZARDOUS AND OTHER SUBSTANCES.—

23 (1)(A) Not later than 365 days after the date of the enact24 ment of this Act, the Secretary of the Navy shall complete,

25 in cooperation with the State of Hawaii, such studies and
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1 appraisals as are necessary to identify the type, quantity,

2 and estimated costs of response, remediation and removal

3 of the hazardous substances other than exploded and

4 unexploded ordnance and other substances, refuse and

5 waste, if any, that are located—

6 (i) on Kaho’olawe Island; and

7 (ii) in the waters adjacent to Kaho’olawe Island.

8 (B) The cost of the studies and appraisals referred to

9 in section 10003(a)(1)(A) shall be borne by the Secretary,

10 making use of funds provided pursuant to this title.

11 (b) REMEDIATION OF HAZARDOUS AND ENVIRON12 MENTAL SUBSTANCES.—(1)(A) In furtherance of the pur13 poses of this title and in recognition of the clearance, re14 moval and environmental remediation obligations imposed

15 by this title, and that the aforementioned activities are con16 sidered a model demonstration project, Kaho’olawe Island

17 is exempt from placement on the National Priorities List.

18 Notwithstanding that conveyance of title to Kaho’olawe Is19 land to the State of Hawaii shall precede clearance or re20 moval and environmental remediation, upon the completion

21 of the studies and appraisals referred to in section

22 10003(a)(1)(A), the Navy shall carry out remediation,

23 clean-up and responses to the hazardous substances and

24 other substances, refuse and waste located on Kaho’olawe

25 Island and in the waters adjacent to Kaho’olawe Island (as
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1 identified in such studies and appraisals) that are nec2 essary to protect human health and the environment. The

3 remedies for such clean-up, remediation and responses shall

4 be selected by the Secretary in consultation with the State

5 and in accordance with the purposes of this title and shall

6 be commenced and completed within the time period identi7 fied in section 10002(a)(3) of this Act for the removal of

8 ordnance. The cost of such clean-up, remediation and re9 sponses shall be borne by the Secretary, making use of funds

10 provided pursuant to this title.

11 (2) In this title, the terms ‘‘response’’, ‘‘removal’’, ‘‘re12 mediation’’ and ‘‘hazardous substance’’ have the meanings

13 given such terms in 42 U.S.C. 9601 (14), (23), (24) and

14 (25).

15 (c) RESPONSIBILITY AND LIABILITY TO CONDUCT RE16 SPONSE, CLEAN-UP AND REMEDIATION ACTIVITIES.—(1)

17 Notwithstanding the duties and obligations set forth in this

18 title and notwithstanding the conveyance required under

19 section 10001, the State of Hawaii shall not be liable and

20 responsible for the conduct of any clean-up and response

21 actions arising from and relating to the use and environ22 mental remediation of Kaho’olawe Island and its adjacent

23 waters by the United States that, through Federal court

24 order, may be held applicable to Kaho’olawe Island.
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1 SEC. 10004. INDEMNIFICATION AND THE CONTROL OF AC2 CESS.

3 (a) The Navy shall retain control of the access to the

4 Island during the time period set forth in section

5 10002(a)(3) that it is undertaking unexploded ordnance re6 moval and hazardous materials removal activities required

7 in section 10002 of this Act.

8 (b) During the time period the United States retains

9 control of access to the Island, the United States shall hold

10 harmless, defend and indemnify the State of Hawaii or its

11 political subdivisions from and against all claims, de12 mands, losses, damages, liens, liabilities, injuries, deaths,

13 penalties, fines, lawsuits and other proceedings, judgments,

14 awards and reasonable costs and expenses arising out of,

15 or in any manner predicated upon, the presence, release

16 or threatened release of any munitions, exploded or

17 unexploded ordnance, solid waste associated with such ord18 nance or hazardous substance, pollutant or contaminant re19 sulting from the activities of the Department of Defense, in20 cluding the activities of the Department of the Navy and

21 the Department of the Army and any agent, employee, les22 see, licensee, independent contractor or other person on the

23 property during such time that the property was and re24 mains under the control of the Department of Defense,

25 Navy, Army or other agencies of the United States Govern26 ment.
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1 (c) Nothing in this title is intended to alter or affect

2 the Federal or State requirements of law governing liability

3 following the transfer of control of access to the State of

4 Hawaii, except that the United States shall remain liable

5 for the acts or omissions of its contractors in carrying out

6 the activities required under this title in the same manner

7 as if the United States engaged in the performance of the

8 tasks delegated to its contractors.

9 SEC. 10005. LONG TERM PLANNING AND ENVIRONMENTAL

10 RESTORATION ACTIVITIES OF THE STATE OF

11 HAWAII.

12 (a)(1) Subject to section 10008(b) of this Act, the Sec13 retary is authorized to provide $45,000,000 to the State of

14 Hawaii for the purpose of implementation by the State of

15 (i) long term planning (ii) environmental restoration ac16 tivities and (iii) the terms and conditions set forth in the

17 Memorandum of Understanding required by section 10006

18 of this Act, concerning Kaho’olawe Island and its adjacent

19 waters. Such funds as are provided by the Secretary for

20 the purpose of carrying out this section shall be made avail21 able to the State by the Secretary from funds made avail22 able pursuant to this title and shall be provided to the State

23 of Hawaii following the submission of a plan containing

24 the elements identified in subsection (a)(2) of this section.
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1 (2) The State of Hawaii shall use the funds made

2 available pursuant to this section for the purposes of carry3 ing out long term planning and environmental restoration

4 activities, consistent with the purposes of this title, on

5 Kaho’olawe Island, including—

6 (A) soil conservation and water resource develop7 ment;

8 (B) erosion abatement (including reforestation

9 and revegetation);

10 (C) stabilization, restoration and securing sites

11 of archaeological or historical significance;

12 (D) removal or destruction of non-native plants

13 and animals; and

14 (E) precise identification of those areas subject to

15 clean-up and removal of ordnance described in section

16 10002 of this Act.

17 (3) Funds in addition to those provided pursuant to

18 subsection (a)(1) of this section may be provided to the

19 State of Hawaii upon the submission of an acceptable plan

20 containing the elements identified in subsection (a)(2) of

21 this section and demonstrating, to the satisfaction of the

22 Secretary, that such funds are necessary to the proper ful23 fillment of such elements and the purposes of this title. The

24 Secretary shall have sole discretion to award such addi-
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1 tional funds, however, the award of such funds shall not

2 be unreasonably withheld.

3 SEC. 10006. COOPERATION OF FEDERAL DEPARTMENTS

4 AND THE STATE OF HAWAII AND TRANSFER

5 OF CONTROL OF ACCESS.

6 (a)(1) Upon the request of the Secretary or the State

7 of Hawaii, and in accordance with existing laws and re8 quirements, any department or agency of the Federal Gov9 ernment may provide assistance to the Secretary or the

10 State of Hawaii, as the case may be, in carrying out their

11 respective duties under this title.

12 (2) Within 180 days following passage of this Act the

13 Secretary shall consult with and enter into a Memorandum

14 of Understanding with the State of Hawaii governing the

15 terms and conditions of (i) access to the Island for those

16 purposes set forth in section 10005 of this Act and any other

17 cultural, archeological, educational and planning purposes

18 provided for in this title, giving due regard to the risk of

19 harm to health and safety involved in providing such access

20 and the need to avoid interference with or disruption of

21 the Navy’s clearance, removal and remediation activities;

22 (ii) the timing, planning and methodology of ordnance

23 clearance or removal and hazardous substance clearance

24 and other waste removal and the protection of historical,

25 cultural and religious sites and artifacts: Provided, That
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1 all reasonable effort should be made to avoid harm to such

2 sites and artifacts from the detonation of unexploded ord3 nance, clearance or removal and hazardous substance clear4 ance; (iii) a model clean-up program emphasizing the use

5 of innovative technology, integrative planning and expedi6 tious implementation of remediation; (iv) the means for

7 protecting historical, cultural and religious sites and arti8 facts from intentional destruction, harm and vandalism;

9 and (v) public participation, as appropriate, including the

10 opportunity for public comment and hearing. Under any

11 such terms and conditions, the Secretary shall be assured

12 full and necessary access to carry out the obligations of the

13 Secretary arising out of the responsibilities and liabilities

14 of this title. Such terms and conditions shall remain in ex15 istence until the completion of the restoration and remedi16 ation activities required by section 10002 of this Act and

17 be revised periodically by mutual consent and giving due

18 regard to the importance of access to the Island as the level

19 of clean-up, restoration and remediation moves toward at20 tainment. Nothing in this title is intended to diminish or

21 alter the rights and responsibilities of the Navy to allow

22 access to the Island that existed prior to the enactment of

23 this Act.

24 (3) The United States, through the Secretary of the

25 Navy, shall transfer the control of access to the State of Ha-
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1 waii within no more than 10 years from the date of enact2 ment of this Act or when the activities required by this title,

3 including ordnance clearance or removal activities in sec4 tion 10002 and the environmental remediation activities in

5 section 10003 are completed, whichever comes first.

6 SEC. 10007. KAHO’OLAWE ISLAND CONVEYANCE, REMEDI7 ATION, AND ENVIRONMENTAL RESTORATION

8 TRUST FUND.

9 (a) There is established on the books of the Treasury

10 of the United States a fund to be known as the ‘‘Kaho’olawe

11 Island Conveyance, Remediation, and Environmental Res12 toration Fund’’ (hereinafter in this subsection referred to

13 as the ‘‘Fund’’). The Fund shall be administered by the Sec14 retary of the Treasury. The Fund shall be used for the accu15 mulation of funds in order to pay the obligations incurred

16 by the Secretary of the Navy or the Department of Defense

17 in carrying out the purposes of this title and for properly

18 allocable costs of the Federal Government in the administra19 tion of the Fund.

20 (b) There shall be deposited into the Fund the follow21 ing, which shall constitute the assets of the Fund:

22 (1) Amounts paid into the Fund from any

23 source.

24 (2) Any amount appropriated to the Fund.
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1 (3) Any return on investment of the assets of the

2 Fund.

3 (c) To the extent provided in appropriation Acts, the

4 assets of the Fund shall be available for obligation by the

5 Secretary of the Navy to carry out the purposes of this title.

6 (d) There is authorized to be appropriated into the

7 Fund $400,000,000, which may be appropriated as a lump

8 sum or in annual increments. Of the amounts deposited

9 into the Fund, not less than eleven percent shall be made

10 available to the State of Hawaii to carry out the provisions

11 of section 10005(a)(1) of this Act.

12 (e) Amounts appropriated to the Fund shall remain

13 available until obligated or until the Fund is terminated.

14 (f) Upon payment of all incremental costs associated

15 with the purposes for which the Fund is established, the

16 Fund shall be terminated.

17 SEC. 10008. APPLICABLE LAW AND JUDICIAL REVIEW.

18 (a) Federal Courts shall have jurisdiction only to en19 force the terms, conditions and provisions of this title, re20 garding the activities, duties, and responsibilities in this

21 title occurring on the Island of Kaho’olawe and in its adja22 cent waters. Only such terms, conditions and provisions

23 shall govern judicial review of the conduct of the United

24 States, its departments, agencies and instrumentalities with

25 regard to any actions arising from or related to the convey-
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1 ance of Kaho’olawe Island to the State of Hawaii and the

2 clearance or removal and remediation of unexploded and

3 exploded ordnance and the remediation of hazardous sub4 stances and other wastes on the Island and its adjacent wa5 ters and for the other obligations, duties and purposes set

6 forth in this title.

7 (b) The provisions of this title shall be carried out not8 withstanding any other provision of law.

9 (c) Any person, as defined in 42 U.S.C. 9601(21), may

10 bring an action against the United States, its departments,

11 agencies and instrumentalities to require compliance with

12 the terms of this title and the obligations of the United

13 States, its departments, agencies and instrumentalities

14 under the Memorandum of Understanding required by sec15 tion 10006 of this Act. Such action shall be commenced no

16 earlier than the 60th day following the date on which the

17 plaintiff gives notice in writing to the Attorney General,

18 the Secretary and other department, agency or instrumen19 tality that the plaintiff will commence such action. Such

20 action shall be brought in the district court for the district

21 in which the alleged violation occurred. In any action under

22 this section, the United States or the State, or both, if not

23 a party may intervene as a matter of right. The United

24 States, its departments, agencies and instrumentalities

25 shall be subject to only such injunctive relief as may be im-
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1 posed by the court to enforce compliance with the terms of

2 this title and the Memorandum of Understanding. Such

3 compliance shall be enforced giving due regard to the need

4 for expeditious clean-up under the terms and conditions of

5 this title.

6 SEC. 10009. ANNUAL REPORT TO CONGRESS.

7 The Secretary shall submit annually a report, in de8 tail, describing compliance with the provisions of this title.

9 Such report shall include the comments of the State of Ha10 waii and be submitted to the Defense Committees of Con11 gress.

12 This Act may be cited as the ‘‘Department of Defense

13 Appropriations Act, 1994’’.

Passed the House of Representatives September 29,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate October 21 (legislative day, October 13), 1993.

Attest: WALTER J. STEWART,

Secretary.

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